Full text of "The acts and resolves, public and private, of the province of the Massachusetts bay: to which are prefixed the charters of the province. With historical and explanatory notes, and an appendix. Published under chapter 87 of the Resolves of the General court of the commonwealth for the year 1867 .."

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UNIVERSITY OF PITTSBURGH

Darlington M.emorial Library I

V\B.^S>a(lJrv\J 541^ 0^\ oviv) U^v.-.,^t^v ^ . ^--..s^C.

THE

ACTS AND RESOLVES,

PUBLIC AND PRIVATE,

PROVINCE OF THE MASSACHUSETTS B AY:

TO WHICH ARE PREFIXED

THE CHARTERS OF THE PROVINCE.

HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX

PUBLISIIKT) t:NI>nT: ClIAl'TER 87 OF THE ReSOI.VKS OF TITE GENEUAL COUKT
OK THE C'OMMONWEAI/III FOU THE YEAH 1807.

Volume IV.

BOSTON :

WRIGHT & POTTER PRINTING CO., STATE PRINTERS,

18 Post Office Square.

1890.

T)ar

^ fv\4\4AS-

V.4

ACTS,

Passed 1757^58.

[3]

ACTS

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

OHAPTEE 1.

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

"Whereas, in the twenty-fourth year of his present majesty's reign, r>isaiiowcd by
the village parish and middle parish, so called, in the town of Salem, du Augf 10°"°"
were erected into a district ; and, by the act for their incorporation they ^'^^•
were enjoined to do the duties that are enjoined on other towns and f/n^^^^t'
enjoy all the powers, priviledges and immunities that towns in this ^ ■ ap- •
province by law enjoy, except that of seperately choosing and sending
one or more representatives to represent them at the general assembly,
which exception has been found burthensome and inconvenient, —
Be it therefore enacted by the Council and House of Representatives,
That the said district be and hereby is erected into a township by Danvers a
the name of Danvers, according to the boundaries of said district ; and **'^'^'"P*
that the inhabitants of said district be and hereby are vested and
endowed with all the powers, priviledges and immunities that the inhab-
itants of the towns within this province are or by law ought to be
vested or endowed with. \_Passed and published June 16.*

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

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

* Signed June 9, according to the record.

Pkovlnce Laws.— 1757-58. [Chap. 2.]

CHAPTER 2.

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

Whereas the prcat and general court or assembly of this province
llH4iLilM^4, dill, at tlicir session in May, ono thousand seven hundred and fift^'-five,
'^*" levy a tax of fourteen tliousand pounds ; and in March, one thousand

^.u-M,e p. • g^.ypi, |,„,„]r,.,l .^,„j jij-^y.sjjx, levy a tax of six thousand and three hun-
!::«-*:, chap, i, drod poinids ; and at tluir session in May following, did lev}- a further
*_^ ^ tax of tliiiiy-two tliousand pounds ; and in April last did pass one

i*^*''***'*'''' other act for levyin<; a tax of tiiirteon thousand five hundred pounds;
and by said acts provision was made tliat the general court, at this
present sosaion, nii^^ht npi)ortion the same on the several towns, dis-
tricts, parishes and jtlaccs witliin the province, if they thought fit; aiid
lUT-M. ebap. s. trherms, llic general court, at this session, have levied a further
tax of fifteen tliousand and two hundred pounds, and a tax of three

the
ty-nine men into
tlie stTvice, inalving, in the whole, cii,dity-oiie tliousand three hundred
eighty-six pounds thirteen sliillings and fourpence ; wherefore, for the
ordering, directing and elTt'ctnal drawing in the sum of eighty-one
thousand three hundreil eiglity-six pounds thirteen shillings and four-
pence ; we, his majesty's most loyal and dutiful sul)jects, the repre-
Bonfatives in general court assembled, pray that it may be enacted, —

And be it accordingly enacted by the Council and House of Eepre-
aentatiis's,

[Sr.(T. 1.] That each town, district, parish or place within this
province be assesse.l and pay, as such town, district, parish and
place'H proportion of the sum of eighty-one tliousand three hundred
and eighty-six pounds thirteen shillings and fourpence, and their rep-
roiiontalive.H' pay an.l fuies, the sum of three thousand five hundred and
iM»veniy-one iwunda flflcen shillings, the several sums following ; that
I* to say, —

iTiMe,cbap.a. humlred eighty-six i)ounds thirteen shillings and fourpence upon
■ * town of Siierbiirn on Nantuci<et for not sending twenty-nine men i

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Province Laws. — 1757-58.

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Province Laws. — 1757-58.

[Chap. 2.]

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

And be it further enacted,

[Sect. 2.] Thai the treasurer do forthwith send out his warrants, Rules for aueos.
directed to the selectmen or assessors of each town, district or parish, ™®°**
or other place within this province that are taxed, requiring them,
respectively, to assess the sum hereby set upon such town, district,
parish or other place, in manner following ; that is to saj-, to assess all
rateable polls above the age of sixteen years, within their respective
towns, districts, parishes or other places, or next adjoining to them, be-
longing to no other town or place, thirteen shillings and sixpence per
poll, and proportionably in assessing the additional sum received out
of the treasury for the payment of the representatives (excepting the
governour, licutenant-governour and their families, the president, fel-
lows, professors and students of Harvard College, settled ministers and
grammar-school masters, who are hereby exempted as well from being
taxed for their polls, as their estates, being in their own hands and
under their actual management and improvement ; as also all the estate
pei-taining to Harvard College), and other persons, if such there be,
who, through age, inGrmity or extreme poverty, in the judgment of the
assessors, are not able to pa}'^ towards publick charges, they may
exempt their polls, or abate part of what they are set at, as in their
prudence they shall think fit and judge meet.

[Sect. 3.] And the justices m their general sessions, in the respect-
ive counties assembled, in granting a county tax or assessment are
hereby ordered and directed to apportion the same on the several towns,
districts, i)arishes and other places in such count}- in proportion to their
province rate, exclusive of what hath been paid out of the publick treas-
ury to the representatives of each town for his service ; and the assessors
of each town in the province are also directed, in making an assessment,
to govern themselves b}* the same rule ; and the incomes of all estates,
both real and personal, lying within the limits of such town, district,
parish or other place, or next unto the same, not paying elsewhere,
in whose hands, tenure, occupation or possession the same is or
shall be found, and also the incomes or profits which any person
or persons, except as before excepted, do or shall receive from
any trade, facult}', business or emploj'ment whatsoever, and all
profits which shall or may arise b}' money or commissions of profit, in
their improvement according to their understanding or cunning, onfe
penny per pound ; and to abate or multipl}' the same, if need be,
so to make up the sum set and ordered hereby for such town, dis-
trict, parish or other place to pay ; and, in making their assessment, to
estimate houses and land at six years' j'early rent whereat the same
may be reasonabl}^ set or let for in the place where the}'' lye : saving
all contracts between landlord and tenant, and where no contract is,
the landlord to reimburse one half of the tax set upon such houses
and lands ; and to estimate negro, Indian and moUatto servants pro-
portionabh' as other personal estate, according to their sound judg-
ment and discretion ; as also to estimate ever}' ox of four years old
and upwards, at forty shillings ; every cow of three years old
and upwards, at thirty shillings ; every horse and mare of three
years old and upwards, at forty shillings ; every swine of one year
old and upwards, at eight shillings ; goats and sheep of one year
old, at three shillings each : likewise requiring the said assessors to
make a fair list of said assessment, setting forth, in distinct col-
umns, against each particular person's name, how much he or she is
assessed at for polls, and how much for houses and lands, and how
much for personal estate, and income by trade or faculty, and if as
guardian, or for any estate in his or her improvement, in trust, to be
distinctly expressed ; and the list or lists, so perfected and signed

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

by them, or the major part of them, to commit to the collectors, con-
stable or constables of such town, district, parish or other place, and
to return a certificate of the name or names of such collector, con-
stable or constables, with the sum total to each of them committed,
unto himself, some time before the last da}' of October next.

[Sect. 4,] And the treasurer for the time being, upon receipt of
such certificate, is hereby impowered and ordered to issue forth his
warrants to the collector, or constable or constables of such town, dis-
trict, parish or place, requiring him or them, respectively, to collect the
whole of each respective sum assessed on each particular person, and
to pay in their collection, and issue the accompts of the whole, at or
before the thirty-first day of March next, which will be in the year
of our Lord one thousand seven hundred and fifty-eight.
And be it further enacted,
inhabitanta to [Sect. 5.] That the assessors of each town, district, parish or place,
ii8t"^f Thei/° respectivel}', in convenient time, before their making the assessment, shall
poiiB, &c. give seasonable warning to the inhabitants, in a town meeting, or by post-

ing up notifications in some place or places in such town, district, parish
or place, or notify the inhabitants some other way to give or bring in to the
assessors true and perfect lists of their polls, rateable estate, and income
b}- trade and faculty, and gain by money at interest, which they are to
render to the assessors on oath, if required ; and if they refuse to give
in an account of the money at interest, on oath, the assessors are im-
powered to doom them ; and if any person or persons shall neglect
or refuse so to do, or bring in a false list, it shall be lawful to and
for the assessors to assess such person or persons, according to their
known ability in such town, in their sound judgment and discretion,
their due proportion of this tax, as near as they can, agreable to
the rules herein given, under the penalt}' of twenty sliillings for each
person that shall be convicted by legal proof, in the judgment of said
assessors, in bringing in a false list ; the said fines to be for the use of
the poor of such town, district, parish or place, where the delinquent
lives, to be levied by warrant from the assessors, directed to the col-
lectors or constables, in manner as is directed for gathering town
assessments, to be paid in to the town, district or parish treasurer or
selectmen for the use aforesaid : saving to the party aggrieved at the
judgment of the assessors in setting forth such fine, libort}' of appeal
therefi'om to the court of general sessions of the peace within the county
for relief as in the case of being overrated. And if any person or per-
sons shall not bring in a list of their estates as aforesaid to the assessors,
he or the}' so neglecting shall not be admitted to make application
to the court of general sessions for an}' abatement of the assessment
laid on him or them.

[Sect. 6.] And if the person be not convicted of any falseness in the
list, by him presented, of the polls, rateable estate, or income by trade
or fixculty, business or employment, wliich he doth or shall exercise, or in
gain by money at interest or otherwise, or other estate not particularly
assessed, such list shall be a rule for such person's proportion to the
tax, which the assessors may not exceed.

Andforasmnch as, oftentimes, sundry persons, not belonging to this
province, bring considerable trade and merchandize, and by reason that
the tax or rate of the town where they come to is finished and de-
livered to the constable or collectors, and, before the next year's assess-
ment, are gone out of the jirovince, and so pay nothing towards the
support of tiie government, thougli, in the time of their residing here,
they reaped considerable gain by trade, and had the protection of the
government, —

[1st Sess.] Provinoe Laws. — 1757-58. H

Be it further enacted^

[Sect. 7.] That when any person or persons, shall come and Transient
reside in any town within this province, and bring aii}' meichandi^^e nucd.™ *° ***
and trade to deal therewith, the assessors of such town ai-e hereby iin-
powered to rate and assess all such persons, accordinji^ to their circum-
stances, pursuant to the rules and directions of this act provided,
tho' the former rate may ha\e been finished, and a new one not per-
fected, as aforesaid.

And he it farther enacted,

[Sect. 8.] That when any merchant, trader or factor shall set up Merchants. &c.,
a store and tradick, or carry on any trade or business in any town within !." 'J.';;"'^"* '"""

' *' *> */ C.lri ^ lllg OH

this province, not being an inhabitant of such town, the assessors of t':'i«i" ^'ny
such towu, where such trade and business shall be carried on as afore- resMe'^'wii.'rc
said, be and are hereby impowered to rate and assess all such mer- t'lt-y tiwcii.
chants, traders and factors, their goods and merchandizes for carrying
on such trade and business and exercising their faculty in such town,
pursuant to the rules and directions of this act ; provi<hd before any
such assessors shall rate such persons as aforementioned, the select- Selectmen to
men of the town where such trade is carried on shall transmit a list of'^uoh persfme,
of sucli persons as they shall judge may and ought to be rated, within before they are
the intent of this act, to the assessors of such town or district.

[Sect. 9.] And the constables or collectors are hereby enjoyned to
levy and collect all such sums committed to them and assessed on per-
sons who are not of this province, or are residents in other towns than
those where they carry on their trade, and pay the same. \_Passed
June 16.

CHAPTEE 3.

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

Whereas the provision already made for defreying the expences of I'reambie.
the late Crown Point expeditions is found insuflicient, and no provision i"5a-o6, chap. 4,
made by the general court for discharging the debts of the ensuins: i^/is.r.amue.

,.pnr ](o6-o<, chaps.

.> ' 3, 22, liO, and 37.

Be it enacted hy the Council and House of Representatives,
[Sect. 1.] That the treasurer of the province be and he [is] hereby Treasurer
[/.s] impowered and directed to borrow from such person or persons as botTgw'^£S5,ooa
shall be willing to lend the same, a sum n»>t exceeding eighty-five thou-
sand pounds in mill'd dollars, at six shillings each, or in other silver
at six shillings and eightpence per ounce ; and tho sum so borrowed
shall be ajiplied in manner as in this act is hereafter directed.

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

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

Received of the sum of , for the use and service of J:^^^-"^*^"'*

the province of the Massachusetts Bay, and, in behalf of said province, I do
hereby promise and oblige myself antl successors in the office of treasurer to
repay the said or order, the first day of June [one thouiJand seven

hundred and fifty-eight] \_17d6'\, the aforesaid sum of ,

in silver at six shillings and eightpence per ounce, or Spanish mUl'd dol-

Province Laws. — 1757-58.

[Chap. 3.]

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

[Skct. 3.] And for the remaining sum of sixt3'-nine thousand eight
hundred pounds, the treasurer shall give his receipt in the form foUow-

Form of

trcasurur's

receipt.

£35,000 for the
l:ite C;rf>\vii
I'oint expoili-
tions, &c.

£ls,nnoforfortB
ami garrisons.

£7,000 for pro.
vinions, com-
missjiry's ilis.
liiirHcmeiits, &c.

£5,000 for
primiunie, &c.

£5,000 for debt*
where- tliere iH
no eHtal)li«b.
IlK'llt, Hcc.

£1,500 for pny

c.f OOlllKillorH'

mill repreHeiit*<
liven' nttciul-
mice.

£4,000 for
veiMuU of war.

Province of the Massachusetts Bay, the day of

Received of the sum of , for the use and service of the prov-

ince of the Massachusetts Bay, and, in behalf of said province, I do hereby
promise and oblige myself and successors in the office of treasurer to repay
the said , or order, the first day of June [one thousand seven

hundred and sixty] [7 76t>],thc aforesaid sum of , in silver at eix

shillings and eightpence per ounce, or Spanish mill'd dollars, at six shillings
each, with interest annually, at the rate of six per cent per annum.

Witness my hand, H. G., Treasurer.

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

A7i(l be it further enacted^

[Sect. 4.] That the aforesaid sum of eighty-five thousand pounds,
when received into the treasury, shall be issued out in the manner and
for the i)urposcs following; that is to say, thirty-five thousand i)ounds,
part of the sum of eighty-five thousand pounds, shall be a|)i)lied for the
payment of the services of the late Crown Point expeditions still
unpaid, and for defr[a][c]ying the expcnce that hath or shall arise for
the raising and supplying the eighteen hundred men agreed to be raised
by this government, employed in his majesty's service under the more
immediate command of his excellency the Earl of Loudoun, com-
mander-in-chief of his majesty's forces in North America, and also the
wages of the officers and soldiers employed in said service ; and the
further sum of eighteen thousand pounds, part of the aforesaid sum of
eighty-five thousand pounds, shall be applied for the service of the sev-
eral forts and garrisons within this province, pursuant to such grants
and orders as are or shall be made by this court for these pur|)oses ;
and the further sum of seven thousand pounds, part of the aforesaid
sum of eighty-iive thousand pounds, shall be api)lied for purchasing
provisions and the commissaries disbursements for the service of the
several forts and garrisons within this province; and the further sum
of five thousand pounds, part of the aforesaid sum of eighty-five fhou-
sand pounds, shall be applied lor the payment of such iiieiniums and
grants that now are or may hereafter be made by this court ; and the
fiirtiier sum of five thousand pounds, part of the aforesaid sum of
eiglity-five thousand pounds, shall be applied for the discharge of other
debts owing from this province to persons that have served or shall
serve them, by ordcT of this court, in such matters and things where
there is no establishment nor any certain sum assigned for that pur-
pose; and for paper, writing and printing for this court; and the fur-
ther sum of four thousand five hundred pounds, part of the aforesaid
sum of eighty-live thousand pounds, shall he applii'd for the payment
of his majesty's council ami house of representatives serving in the
great and general court during the several sessions for tiie present year ;
and the further sum of six thousand two hundred and fifty pounds,
part of the aforesaid [sum] of eiglity-live thousand pounds, shall ho
applied to the discharge of the del)t3 contracted by the committee of
war; and the further sum of four thousand pounds, part of the afore-
said sum of ciglity-five thousand pounds, shall be applied to the pay-
ment of the charge of maintaining the two vessels of war belonging to
this province.

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

AjuI whereas there are sometimes contingent and unforeseen cliarges
that demand prompt pay, —
Be it further enacted,

[Sect. 6.] That the sum of two hundred and fifty pounds, being the £25o for con-
remaining part of the aforesaid sum of cightj'-fivo thousand pounds, lie t'ngc't "•'•'"■ges.
applied to pa}- such contingent charges, and for no other purpose what-
^ever.

And in order to draw the monej' into tlie treasury again, and enable
the treasurer etfectually to discharge the receipts and obligations (with
the interest that may be due thereon), by him given in pursuance of this
act, —

Be it enacted,

[Sect. 6.] That there be and hereby is granted to his most excel- Tax of £85,ooo
lent majesty a tax of eighty-five thousand pounds, to be levied on polls, ^'^''"
and estates both real and personal within this province, in manner
following; that is to say, fifteen thousand two hundred pounds, part Taxof £15,200,
thereof, according to such rules anc,! in such proportions on the several
towns and districts within the province, as shall be agreed on and
ordered by the general court or assembly in their present session, and to
be paid into the public[lv] treasury- on or before the last da}' of March
tlien next after.

[Sect. 7.] And the further sum of sixty-nine thousand eight hun- Taxof £C9,8oo,
drcd pounds, according to such rules and in such proportion on the '"
several towns and districts aforesaid, as shall be agreed on and ordered
by the general court at their session in May, one thousand seven hun-
dred and fiftv-nine, and to be paid into the treasury on or before the
last da\' of March then next after.

And he it further enacted,

[Sect. 8.] That if the general court, in their present session, and in Rule for
their session in May, one thousand seven hundred and fift^'-nine, and fhJ't'as^in'cfse
some time before the twentieth day [of] June in each .year, shall not no tax act siiaii
agree and conclude upon an act apportioning the sums which by this ^"^'"^'^
act are engaged to be, in each of said j'ears, apportioned, assessed and
levied, that then, and in such case, each town and district within this
province shall pay, by a tax to be levied on the polls, and estates both real
and personal within their limits, the same proportion of the said sums
as the said towns and districts were taxed b}- the general court in the
tax act then last preceeding.

[Sect. 9.] And the province treasurer is hereby fully impowered
and directed, some time in the month of June in each of the years afore-
said, to issue and send forth his warrants, directed to the selectmen or
assessors of each town and district within this province, requiring them
to assess the polls, and estates both real and personal within their sev-
eral towns and districts, for their respective parts and proportions of the
sums before directed and engaged to be assessed, to be paid into [the]
treasury at the aforementioned time ; and the assessors, as also persons
assessed, shall observe, be govern [e]'d by and subject to all such rules
and directions as shall have been given in the last preceeding tax act.

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

Be it enacted,

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

A)ul he it further enacted,

[Sect. 11.] That the treasurer is hereb}' directed and ordered to The treasurer
pay the sum of eight3'-five thousand pounds out of such appropriations ^ <=o"f'"'™ ^

Provixce Laws. — 1757-58. [Chap. 4.]

the appropria-
tions.

Proviso.

Members' pay
in povornmeut

BCCUI'itiCS.

as shall be directed by warrant, and no other ; and the secretary to
whom it belongs to keep the muster-rolls and accompts of charge, shall
lay before the house of representatives, when they direct, such muster-
rolls and accompts, after payment thereof: prooided, alwa)js. that the
remainder of the sum which shall be brought into the treasury by the
duties of excise before mentioned, and the tax of eighty-five thousand
pounds ordered by this act to be assessed and levied, over and above
what shall be suflicieut to discharge the notes and obligations afore-"
said, shall be and remain as a stock in the treasur}', to be applied as
the general court of this province shall hereafter order, and to no other
purpose whatsoever.

Ayid be it further enacted,

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

CHAPTEK 4.

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

Preaniblc.

Treasurer
cmpo-wcrcd to
borrow £3,500.

FoMTl of

trcasiircr'fl
receipt.

Tnx of £4,130,
In 17&0.

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

Be it enacted by tJie Council and House of Representatives^

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

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

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

Received of the sum of , for the use and service of

the province of the Massachusetts Bay, and, in behalf of said province, I do
hereby promise and oblige myself and successors in the oflice of treasurer
to repay the said or order, the fifteeiitli day of June, 17G0,

the aforesaid sura of , in silver at six shilling-^ and eightpence

the ounce, or Spanish raill'd dollars, at six shillings each, with interest
annually, at the rate of six jier cent i)er annum.

Witness my hand, H. G., Treasurer.

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

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

Be it enitctedy

[Sect. 3.] That there be and hereby is granted to his most excel-
lent majesty a tax of four thousand one hundi(>d and thirty pounds, to
be levied ou polls, and estates both real and personal, according to

• Juno 17 In the printed acts.

[ 1st Sess.] Province Laws.— 1757-58. 21

such rules, and in such proportions, on the several towns and districts
within the province, as shall be ordered by the fieneral court at their
session in May, one thousand seven hundred and lifty-nine, to be paid
into province treasury on or before the thirt3-tlrst day of March then
next after.

And be it further enacted,

[Sect. 4.] That if the general court, at their session in May, one Rule for appor.
thousand seven hundred and fifty-nine, shall not, by the twentieth day jn^case no*tai^'
of Juno, agree upon an act for api)ortioning the sum of four thousand actsii:.!! bu
one hundred and thirty pounds, which is engaged in said 3'ear to be °^'^''''
apportioned, assessed and levied, that then, the treasurer of the prov-
ince for the time being shall issue his warrants, to tlie selectmen or
assessors of the several towns and districts within this province, requir-
ing them, respectively, to assess, levy and pa}- into the treasury, by the
said thirty-first day of March, their resi)ective proportions of said sum,
according to tlie rates and proportions, rules and directions, of the tax
act then last preceeding.

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

Be it enacted by His Majesty's Council and House of Representatives,

rSECT. 5.1 That the aforesaid sum of three thousand five hundred £3,5oo lent the

L .-J , ,,11 , 1 , ■ , , town of Boston.

pounds, when the treasury shall be supplyed therewith, as above
directed, shall be lent and delivered to the selectmen of the said town
of Boston, to be applied to discharge the debts of the said town, as said
town shall order.

And for securing the repayment of said sum of thirt3'-five hundred
pounds, with the interest at the rate of six per cent per annum, to the
province treasurer for the time being, in case, according to the true
intent of this act, said town ought to be held to paj- the same, —

It is hereby enacted and ordered,

[Sect. 6.] That whenever the valuation shall be taken through this Provision for
province, and each town and district's proportion thereby knowu and ofMie^siim of
determined b}- the court, and be thereb}' ascertained that the town of ^jf-j.^^j^'l^^^j','^^'®
Boston was not overrated for the 3'ear one thousand seven hundred and town of ijoston,
fifty-six, or any other 3-ear after, until the taking of the valuation, and of cstat^'siiai'i"
ascertaining as aforesaid : provided, said determination shall be before be taken through

tnc province

the year one thousand seven hundred and sixt3', and so not be intitled
to an3' allowance, or no valuation taken or settled before said time,
then the said town shall pay the whole sum of four thousand one hun-
dred and thirt3' pounds ; the treasurer, some time in the month of June,
one thousand seven hundred and sixt3', shall send forth his warrant,
directed to the selectmen or assessors of said town of Boston, requiring
them to assess the polls, and estates both real and personal, within the
said town, for said sum of four thousand one hundred and thirt3' pounds,
in their respective proportions, to be paid into the province treasur3' on
or before the thirty-flrst of March then next after ; and the assessors,
and persons assessed, shall observe, be governed by, and subject to, all
such rules and directions as shall be given in the last preceeding tax
act ; but in case a valuation shall be taken and settled before the year
one thousand seven hundred and sixt3', and thereb3' it shall appear the
town of Boston is overrate*! the whole of said sura between the 3'ears
one thousand seven hundred and fifty-five and one thousand seven hun-
dred and sixty, and the treasurer of the province be certified thereof by
the general court in their session in May, one thousand seven hundred
and sixty, then, and in such case, the said treasurer is hereby forbid dircc'cdTn
issuing his warrants to the selectmen or assessors of said town of Bus- issuing his waiw
ton for the sum aforesaid ; but if, upon a valuation being taken, and the menu.

Province Laws. — 1757-58. [Chap. 5.]

Proviso.

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

Provided, nevertheless, —

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

CHAPTER 5.

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

rrcaniMc.
1747-48, clKip. 5.

PiTHOiiB forbid.
(li'ii lo drive
(■utile oil
mcadowH niid
liciichi'H in
ItariiHUiblc.

I'cimlty.

Cattle to b<<
Impnuiidi'd, In
eiuo.

WiiERKAS many persons frequently drive numbers of neat cattle,
horses, sheep and swine, to feed upon the beaches, meadows and
shoars adjoining to the late common fields in said Barnstable, between
said fields and the harbour, whereby the ground is much broken and
damnified and tlie sand blown on said meadows and uplands adjoin-
ing, to the great damage not only of private persons in their proper-
ties, but also to said town in general, so far as relates to said town's
meadows api)ropriatod to maintain a pound, —

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

[Sect. 1.] Tliut during the continuance of this act, no person or
persons shall presume to turn or drive any neat cattle or horse-kind, or
sheep, or swine, to or upon any of the beaches, meadows or shoars
that lye l)ctween the late common 11 Ids in said Barnstable, anywhere
from Calves-Pasture Point, to Yarmouth line, round as the shoar goes,
upbn till! penalty of throe shillings a head for neat cattle or horse-kind,
and one shilling for each shei'p and swine, that shall be turned and
found on said l)eaches, meadows or shoars, within the limits albresaid ;
which i)enalty shall be recovered by the selectmen or treasurer of the
said town of Barnstable, or any other person that shall inform and sue
for the same : the one half of the said forfeiture to him or them that shall
inform and sue for the same, the other half to be to and for the use of
the poor of th(> said town.

And be it further rndctcd,

[Sr.cT. 2.] That if any neat cattle or horse-kind, or sheep, or swine,
shall, at any time hereatler, be found feeding on the said beaches,

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

meadows or shoars, that l[i][.7]e between the late common fields and
the harbour, in said Barnstal)le, anywhere from Calves-Pasture Point
to Yarmouth line, round as the shour goes, that it shall and may be
lawful for any person to impound the same, immediately giving notice
to the owners, if known, otherwise to give publie[l<] notice thereof in
the said town of Barnstable, ai;d the two next adjoining towns ; and the
impounder shall relieve the said creatures with suitable meat and water
while impounded ; and if the owner thereof appear, he shall pay the
sum of one shilling to the impounder, for each neat beast and horse-
kind, and fourpence for each sheep and swine, and the reasonable cost
of relieving them, l)esidcs the pound-keeper's fees. And if no owner
appear within the space of six days to redeem the said cattle or horse-
kind, sheep or swine so impounded, and to pa}^ the costs and damages
occasioned by impounding the same, then and in every such case the cattietobe
person or persons impounding such cattle or horse-kind, sheep or swine, soi'i. '" case,
shall cause the same to be sold at public[k] vendue, and pay the cost
and charges arising about the same (public[k] notice of the time and
place of such sale, to be giviMi in the said town of Barnstable and in the
town of Yarmouth, forty-eight hours beforehand), and the overplus, if
any there be, arising by such sale, to be returned to the owner of such
cattle or horse-kind, sheep or swine, at any time within twelve months
next after, upon his demanding the same ; but if no owner appear
within the said twelve months, then the said overplus shall be one half
to the party impounding, and the other half to the use of the poor of
the said town of Barnstable.

And be it further enacted^

[Sect. 3.] That the said town of Barnstable, at their meeting in Officers to be
March, annually, for the choice of town officers, be authorized and thra^acVi"^"'
Impowered to chuse one or more meet person or persons whose duty exccuUou.
it shall be to see this act observed, and to prosecute the breakers
thereof, and who shall be sworn to the faithful discharge of their office ;
and in case any person so chosen shall refuse to be sworn, he shall
forfeit and pa}' five shillings for the use of the poor of the said town
of Barnstable ; and upon such refusal, said town from time to time to
proceed to a new choice of such officer or officers : and the said town of
Barnstable, at a town-meeting warned for that purpose, ma}', at any
time before March next, chuse such officers, who shall continue until [1]
their annual meeting in March next.

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

CHAPTEE 6.

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

"Whereas many persons frequently drive numbers of neat cattle, Preamble
horses, shee[) and swine, to feed on the beaches and shoai's adjoining to iT49.r)0,cbnp.i5.
said Nobscusset in said Yarmouth, lying between Black Earth, and ^"^^"'''''^ '-^P-^'
•Judah Howe's Hange, as it runs into the sea, Whereby the ground is'
much broken and damnified, and the sand blown on said land, to the

* Signed June IG, according to the record.

Peovince Laws. — 1757-58.

[Chap. 6.]

Persons for-
biiMcn to drive
cattle on Xob-
BcussL't lands,
&c.

Tcnalty.

Cattle to be
impounded, in
case.

Cattle to be sold,
in case.

Onicors to be
choHcii to put
tliJM net ill
vxvcutlon.

Penalty for not
■crviiig.

I'roviso.

Limitation.

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

Be it enacted by the Council and House of Representatives^

[Sect. l.J That during the continuance of this act, no person or
persons sliall presume to turn or drive any neat cattle or horse-kind,
or .sheep or swine, to or upon any of the beaches or lands lying btlwcrii
the s[ruj(l Black Earth, and Judah Howe's Range, in said Yarmouth,
from the first day of March to the last day of November, annually, upon
the penalty of three shillings a head for neat cattle and horse-kind, and
one shilling for each sheep and swine, that shall be turned and found on
said beaches or land, within the time and limits afores[ai]d ; which pen-
alty shall be recovered by the selectmen or treasurer of tlie said town
of Yarmouth, or any other person that shall inform and sue for the
same : the one half of the said forfeiture to him or them that shall
inform and sue for the same, the other half to be to and for the use of
the poor of the said town.

And he it further enacted^

[Sect. 2.] That if any neat cattle or horse-kind, or sheep or swine,
shall, at an}' time hereafter, be found feeding on the said beaches or land,
within the times aforesaid, that it shall and may be lawful for any per-
son to impound the same, immediately giving notice to the owners, if
known, otherwise to give public[k] notice thereof in the said town of
Yarmouth, and the two next adjoining towns ; and the impounder shall
relieve the said creatures with suitable meat and water while impounded ;
and if the owner thereof appear, he shall pay the sum of one shilling to
the imi)ounder, for each n^at beast and horse-kind, and fourpence for
each sheep and swine, and the reasonable cost of relieving them, besides
the pound-keeper's fees. And if no owner appear within the space of six
days to redeem the said cattle or horse-kind, sheep or swine so im-
pounded, and to pay the costs and damages occasioned b^- impounding
the same, then and in every such case the person or persons impound-
ing such cattle or horse-kind, sheep or swine, shall cause the same to
be sold at public[k] vendue, and to pay the cost and charges arising
about the same (pul)lic[k] notice of the time and place of such sale, to
be given in the said town of Y'armouth, forty-eight hours beforehand),
and the overplus, if any there be, arising by such sale, to be returned
to the owner of such cattle or horse-kind, sheep or .swine, at any time
within twelve months next after, upon his demanding the same ; but if
no owner appear within the said twelve months, then the said overplus
shall be one half to the party impounding, and the other half to the use
of the poor of the said town of Y'armouth.

And be it further enacted^

[SicoT. 3.] That the said town of Yarmouth, at their meeting in
March, annually, for the choice of town officers, be authorized and
iinpowered to ciiiise one or more meet person or persons whose duty it
shall be to see this act observed, and to prosecute the breakers thereof,
and who shall be sworn to the faithful discharge of their ollice ; and in
case any [)erson so chosen shnll refuse to be sworn, he shall forfeit and
jKiy, for the use of the poor of the said town of Y''armouth, the sum of five
shillings; and upon such refusal, said town from time to time to pro-
ceed to a new choice of such oiricer or ofllcers.

Pro vided ne ve rt A c/es.s , —

And it is hercbi/ declared,

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

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

[IstSess.] Pkovince Laws.— 1757-58. 25

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

CHAPTER 7.

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

"Whereas an act made and passed in the twenty-ninth year of his Preamble,
present majesty's reign, intitled "An Act in addition to an act made nss-se. ciiap. 35
and passed in the twenty-ninth j-earof his majesty's reign, intitled 'An
Act making provision for the inhabitants of Nova Scotia, sent hither
from that government, and lately arrived in this province,'" will expire
on the twentieth day of June, this present year, and it is necessar}^ some
provision be made for the regulation and support of said inhabitants of
Nova Scotia, —

Be it therefore enacted by the Council and House of Representatives,
Tliat the said act shall continue and be in force from the said twen- Act continued,
ticth day of June to the first day of August next, and no longer.
\_Passed June 16 ; published June 17.

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

ACTS

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

CHAPTER 8.

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

Be it enacted by the Governoiir^ Council and House of Representatives,
That the sura of thirteen hundred pounds be and hereby is granted
unto his most excellent majesty, to l)e paid out of the publick treasury
to his excellency Thomas Pownall, Esquire, captain-general and
governour-in-chief in and over his majesty's province of the Massachu-
setts Bay, to enable him to carry on the affairs of government.
[^Passed August 31 ; published September 1.

CHAPTER 9.

AN ACT IN FURTHER ADDITION TO THE ACT FOR LIMITATION OF
ACTIONS, AND FOR AVOIDING SUITS IN LAW WHERE THE MATTER
IS OF LONG STANDING.

prcnmiiic. WiiKKEAS, b}' a law of tliis provincc, intitlcd "An Act in further

n&.i.50,(iiiip.22. .^,],iiLi(,n to the act for the limitation of actions, and for avoiding suits in
law where the matter is of long standing," made and pass'd in the
twiMity-ninth year of liis i)resent majesty's reign, the time limit [/Jed for
commencing all actions of account, and upon the case, excepting such
1748-49, ciiiip. 17. fXH are excepted in another act, intitlcd " An Act in addition to and for
the explanation of an act, intitlcd ' An Act for limitation of actions,
and avoiding suits at law wliere tlie matter is of long standing,"* made
and pass'd in tlic twenty-second year of his present majesty's reign, will
expire tlie last day of March next ; and xohcrcaa tlie contiiuiance of the
war, an<l great numbers of men tliat are and may hereafler be in his
majesty's service, will make it necessary that some further time ma}' bo
allowed for the bringing some kind of actions, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives,
Timr for hrinft- [Sect. 1.] That the time for Commencing of actions of tlic case, upoH
li'io rnm-'Xr.'.' to notcs of liaud, or upoii liook accouu t s, 1 iuii t [/]eil by said act of the
bf oxtnuu-.i. twenty-second, or by sjiid act of tlie twenty-ninth, year of his i)resent
majesty's reign, shall be and hereby is extended to the last day of
March, which will be in the year of our Lord one thousand seven hun-

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

dred and sixty ; and no suit hereafter to be brought in such cases shall
be barred if commenced before the expiration of said term.

And that this law may be more generally known, —

Be it further enacted,

[Sect. 2.] That the act, intitled "An Act for the limitation of TWs act, &c., to
actions, and for avoiding suits in law where the matter is of long stand- and dilVr'i'ct"^"
in<r." made in the thirteenth year of the present rei^n, the aforesTond anniversary

Kj • *■ «■'' i__j mcCtlMtfrt JUKI

act, intiUod " An Act in addition to and for the explanation of an act, in courts '<.f
intitltd ' An Act for the limitation of actions, and avoiding suits at law common picas,
wlicre the matter is of long standing,' " made and pass'd in the twenty- i^^**-*!. chap. 4.
second year of tlie present reign, and this act shall be read by the
clerk of each town and district, at their anniversary meetings in March
and May, annually ; and the justices of the several courts of common
pleas within the respective counties shall cause the same to be publickly
read at the opening of tlicir courts, from time to time from the publica-
tion of this act, and until [1] the last day of March, one thousand seven
hundred and sixty. \^Passed August 31 ; published September 1.

CHAPTER 10.

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

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

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

[Sect. 1,] That when any creatures have been impounded and Creatures
apprized, agreable to the directions of the aforementioned act; if the L'J^praisud mTy
person impounding don't see fit to take the said creatures at the apprized '^P ''"'^ ^\ P"^-
value, then they shall be sold at publick outcry to the highest bidder by
the person who caused the same to be impounded, notice of the time
and place of such sale having been posted up in some publick place in
the town in which they are impounded, four da3's at least before the
sale ; and the overplus of the money ari[z][s]ing by such sale, if any
there be [shall be], after necessary charges are paid, shall be returned to
the owner.

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

CHAPTER 11.

AN ACT TO PREVENT NEAT CATTLE, HORSES AND SHEEP RUNNING
AT LARGE AND FEEDING ON THE BE[E][.4]CHES BETWEEN WELLS
AND OGUNQUIT HARBOURS, IN THE TOWN OF WELLS, AND TO PRE-
VENT THE MOWING OF THE SAME.

Whereas there is a large quantity of marish within the township of Preamble.
Wells, in the county of York, on which most o^ the inhabitants of said
town depend for their hay, and the said marish lies adjo[y][i'']ning to
two long sandy be [e][(^]ches between Wells and Ogunquit harbours,
which is the only barrier to prevent said marish from being destroyed ;

PitoviNCE Laws.— 1757-58. [Chap. 11.]

Persons for-
biiMcii to drive
cattle, &c., on
the lieaclios
between WcUb
anil O^unquit
harbors, on
penalty.

Cattle to be
impounded, in
cufte.

Cattle to be sold,
in case.

Penally for
BKiwiii);. Kcc,
Buicl beucbeH.

Penalty fur
li'avJMK open
biirn, Jtc., lead-
iiiKtoHaid
bcitclic*.

In cnnc niiy
(llnpnli) nrl«e,
how ibo ■umo

and b}- reason of cattle and horses trampling and feeding there, and b_v
some persons mowing the fjjrass on said be[e][a]ches, which was wont
to preserve the be[e][a]che3 and prevent the seas breaking over the
same and covering said marish with sand, by which some part of said
marish is ah-ead y destroyed, and the whole is in danger of being buried
with the sand, if not timely prevented, —

Be it therefore enacted by the Governo>a\ Council and House of
Rep resentatives .

[Sect. 1 .] That from and after the first day of September next, no
person shall presume to turn or drive an}' neat cattle, horses or sheep
upon the said be[e][a.]che3 to feed, or leave them at large there, on the
penalty of fjur shillings a head for all neat cattle and horse-kind, and
sixpence for every sheep so turned upon any of said beaches to feed,
or that shall be found at large there ; which penalty may be recovered
by any person of the said town of Wells : one moiet}' thereof to be to
the informer that shall sue for the same, and the other moiety to be to
and for the use of the poor of said town.

And be it further enacted,

[Sect. 2.] That it shall and may be lawful for any person or per-
sons of the said town of Wells finding any cattle, horse-kind or sheep
feeding or going at large upon the be[e][a]ches aforesaid or any of
them, to impound tlie same ; and the person or persons impounding
them shall give publick notice thereof in said town of Wells, and shall
roI[oi][i>]ve said creatures whilst impo[w][?i]n(led, with suitalile meat
and water ; and the owner thereof appearing, shall pay to the impounder
two shillings for each head of neat cattle and horse-kind, and fourpence
for each sheep so impo[w][w]nded, and cost[s] of impounding them.
And if the owner do not appear within the space of six days and i>ay
the damages and cost occasioned l)y iinpouiidiiig the sain(>. tlion and in
every siicli case the person or persons impounding such cattle, horse-
kind or sheep, shall cause them to be sold at publick vendue for pay-
ing such damages and costs, and the charge arising by such sale (pub-
lick notice of the time and place of such sale, being given fortj'-eight
hours beforehand), and the overplus, if any be, to be returned to the
owner of such cattle, horse-kind or sheep on his demand, at any time
within twelve months next after tlie sale ; and if no owner shall appear
within the said twelve months, then one moiety of the overplus shall
be to the party impounding, and the other moiety thereof to the use of
the poor of said town.

And be it further enacted,

[Sect. 3.] That if any person shall presume to mow any grass on
said l)eaches, or carry away any from off said beaches, * shall forfeit and
pay the sum of five pounds for every tun, and so in proportion for a
greater or less quantity ; which penalty may be recovered by any })er-
8on of the town of Wells : one moiety thereof to be to tlie informer that
shall sue for the same, and the other moiet}' to be to and for the use of
the [)oor of said town.

And be it further enacted,

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

And be it further enacted,

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

• The word " Lc," evidently omitted.

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

plainant or informer shall charge the defendant in trespass for cutting may be deter,
or carrying off any grass from said beaches, or leaving open any bars "thofYhe^^
or gates as aforesaid, then and in such case, if the plaintiff, complainant plaintiff, &c.,
or informer, or his agent or attorney, shall make oath, bond Jkle, that "" '^''*"
there hnth been cut or carried away to the best of his judgment, any
certain quantity' of grass, or that any bars or gates have been left open
as mentioned in the wrlt[t], and that he suspects the defendant to have
committed the said trespasses, and although the plaintiff, complainant
or informer, or his agent or attorney, may not be able to i)roduce any
other evidence thereof than such circumstances as render it highly
l)robable in the judgment of the court or justice before whom the
ti-[y][/]al is, then and in every such case, unless the defendant shall
acquit himself upon oath, to be administrcd to him by the court or jus-
tice tliat shall try the cause, the plaintiff shall recover against the
defendant damages and costs ; but if the defendant shall acquit himself
upon oath, as aforesaid, the court or justice may and shall enter up
judgm[e)i]t for the defendant to recover against the plaintiff double his
cost occasioned by such prosecution.

A7ul be it further enacted^

[Sect. 6.] That the said town of Wells, at their meeting in March, Officers to be
annuall}', for the choice of town officers, be and hereby are authorized uiiTact can-fed
and impowered to chuse two or more persons whose duty it shall be to into esecutiou.
see that this act be observed, and prosecute the breakers thereof, who
shall be sworn to the faithful discharge of their office ; and in case any Penalty for not
person so chosen shall refuse to be sworn, he shall forfeit and pay six- ^^'^'°s-
teen shillings, for the use of the poor of the said town of Wells : and
the said town of Wells, at a town meoting warned for that purpose,
ma}', at any time before March next, chuse such officers, who shall con-
tinue until [1] their an[?i]ual meeting in March next,

[Sect. 7.] This act to be in force until [1] the first day of Septem- Limitation,
ber, one thousand seven hund[re]d and sixt}', and to the end of the then
next sitting of the general court, and no longer. \_Passed Auqust 31 ;
published September 1.

CHAPTER 12.

AN ACT PROVIDING REMEDY FOR BANKRUPTS AND THEIR CREDITORS.

Whereas divers persons in this province, having of late become Disallowed by
insolvent, have secreted themselves and their estates, to the great hurt ci^ju?y 2s°""
of themselves, their families and creditors, for remedy whereof, and to '^''^^*
prevent many inconvenienc[i]es that happen to creditors and debtors ^'^^^■"''^'5-
in cases of insolvency, —

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

TSect. 1.1 That all persons using, or that shall use, the trade of Persons iiaWe

^ f ^ n i •• 1 -i j_ • ii • to become bank.

merchandize, b}' way of bargaining, exchange, bartering or otherwise, mpt, aiuiin
in gross or by retail, or seeking his, her or their living by buying and what cases ihey

^. J ' =^ 1 1 1, ■ ^ • shall be deemed

selling, either on his owu account or as a factor, who shall, in writing, and adjudged
make a voluntary declaration, upon oath, to the secretary of this prov- ^°' *
ince, that he is unaljletopay his debts, of which the secretary shall make
a record and givenotice thereof in all the public[k] Boston newspapers Secretary to
three weeks successively, or have departed, or sha 11 depart, this province, fhI'Bo°ston "*
have begun, or shall begin, to keep his or her house, or otherwise absent newspaperg.
him- or herself, or suffer him- or herself willingly to be arrested for any

• See 1760-61, chap. 16, post ; and notes to both chapters.

Province Laws.— 1757-58. [Chap. 12.]

Oommander-ln-
cliiff, -with the
ndvico anil con-
Bc-ntof the coun.
cil, under the
seal of the
province, to
appoint and
grant cominis.
sioncrs power,
&c.

CommldnloncrB
!o -xninlne on
oMili, nr other.
wi"(' lo (llocover
■ Ir1i(|<lne to

CredltorH hnv.
Inifeoiirlly not
lo liu relieved
anic(s.

debt or other thing not grown due, for mone}' delivered, wares sold or
other just or lawful cause or good consideration, or hath or shall will-
ingly or fraudulently procure him- or herself to be arrested, or his or
her goods or money to be attached, or depart from his or her dwelling-
house, or make, or cause to be luade, any fraudulent grant or convej'ance
of his, her or their lands, tenements, goods or chatt[e]l[e]3 to the
intent, or whereby his, her or their creditors shall or may be defeated
or delayed in the recovery of their just and true debts, or being
arrested for debt, shall, after his or her arrest, l[3'][i]e in prison six
months upon that arrest, or upon any other arrest or detention in
prison for debt, or being arrested for a just debt or debts, shall, at any
time after such arrest, escape out of prison, shall be accounted and
adjudged a bankrupt, to all intents and purposes.

And be it further enacted,

[Sect. 2.] That the commander-in-chief, with the advice and con-
sent of his majesty's council, upon complaint made to him in writing,
against such person or persons being l)ankrupt, shall have full power
and authority, by commission under the great seal of this province, to
name, assign and appoint such honest and discreet persons as to him
with such advice shall seem good, who. or the most part of them, by
virtue of this act and such commission, shall have full power and
authority, as in their discretion shall seem meet, to take such order and
direction, with the body of such person, wheresoever he or she may be
had, either in his or her house or houses, or elsewhere, as well by
imprisonment of his or her body, as also with all his or her lands, tene-
ments and hereditaments which he or she shall have in his or her own
right before he or she became bankrupt, and also with all such lands,
tenements and hereditaments as such person shall have purchased and
obtained for money or other recompeuce, jointly, with his wife, chil-
dren or child to the only use of such bankrupt or bankrupts, or of or-
for such use, interest, right or title as such bankrupt or bankrupts then
.shall have in the same, which he or she m.ay lawfully depart withal, or
with any person or persons of trust to any secret use of such bankrupt
or l)ankrupts, and also with his or her money, goods, chatt[(?]l[e]3
and df>bts, books of account and papers, wheresoever they may be found
or known, and cause the said lands, tenements, hereditaments, monej',
chatt[«jl[(']s, goods and debts, books and papers, to be searched,
viewed, rented and appraizcd, and by deed indented and duly ac-
knowledged and regist[r']red to make sale of such lands, tenements and
hereditaments, and of all deeds, writings and evidences touching only
the same, belonging to such debtor or debtors, and also of all annuities,
goods and chnt([c'il[e]s, or otherwise to order the same for the true
satisfaction and payment of the said creditors ; that is to say, a portion
rate and rate like to the sura of his or their debt.

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

Be it nwcted,

[Skct. 3.] That the said commissioners, or the greater part of them,
sli.'ill and may examine, upon oath, or by any other wa3's or means as to
them shall seem meet, any person or persons for the Qnding out and
discovery of the truth and certainty of the several debts due and owing
to all such creditor and creditors as shall seek relief by such course of
comuiission, to be sued forth as aforesaid ; and that all and every
( re litor and creditors having security for his anil their several debts by
judgment, statute or recognizance, or that have made, or shall make,
uttachment of anj* estate of such bankrupt on snpposal of his abscond-
ing or absence, whereof there sh.all be no execution served and executed

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

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

And be it farther enacted,

[Sect. 4.] That every direction, order, bargain, sale and other things Direction,
(lone by the said person's so authorized as aforesaid, in form aforesaid, th^'comniLsfon-
shall be good and effectual in the law to all intents, constructions and cm to bo goo.i
purposes, against the said bankrupt or bankrupts, his or their wife or orc'hnarcn,\'c?,
wives, heir and heirs, child and children, and such person [and] [^or'] per- ofany baniirupt.
sons as, by such joint purchase with the said bankrupt or bankrupts as is
.•ifoi-csaid, have or shall have any estate or interest in the [)n;nus[s]es
and against all other person and persons claiming by, from or under such
del)tor or debtors by any act or acts had, made or done after anj- such
person shall become bankrupt as is aforesaid.

And be it fuHher enacted,

[Sect. 5.] That the commissioners, or the greater part of them, Commissioners
after having declared such person a bankrupt, shall cause notice thereof n°ucro^ per°
to be civen in the nublick Boston newspapers for three weeks success- eons dociared

^ ' . . T 1 c 1 • 1 1 1 > liarilcrupt, una

ively, and shall therein appomt time and place for the said bankrupt to when ana whera
surrender him- or herself to them, and to conform to this act, which time ^ surrender,
thoy, or the greater part of them, may enlarge, as is hereafter men-
tioned ; and if the said bankrupt shall not at one or other of those times Bankrupts
surrender him- or herself to the said commissioners, then the body of hisTiafost"'"^
all and every such offender or offenders shall be adjudged, taken and protection, in
deemed, to all intents [and] purposes, out of his majesty's protection ;
and every person and persons that shall willingly and wit[^]ingly help Persons not to
to hide or shall wittingly and willingly receive, detain or keep secretly rupu.'ou'^" '
any person or persons so demanded, as is aforesaid, shall suffer such penalty,
imprisonment or pay such fine as to the court of assize upon conviction
thereof shall seem meet.

[Sect. 6.] And the said commissioners, or the greater part of them, Commissionera
shall, or may, at any time after the issuing of such commission, as they in ™nu' to^bring'"'
their discretion shall think fit, award a warrant to the sheriff of the banicrupts
county, his under sheriff or deputy, to apprehend the body and bodies of
the said bankrupt and bankrupts, and to l)ring him, her or them before
the said commissioners wheresoever the said party or parties maj' be
found, to be examined by the commissioners, or the greater part of them.

[Sect. 7.] And it shall be lawful for the said commissioners, or the Commissioners
greater part of them, or any other person or persons, officer or officers, ™nitsforhrcak-
by them, or the greater part of them, to be deputed and appointed by j,"o';,°//^'&(!^^of
their warrant or warrants, under their hands and seals, to break open any bankrupt,
the house or houses, chambers, shops, warehouses, doors, trunks, or
chests of the sail bankrupt, where anv of his or her goods or estate shall
be, or be reputed to be, and to seize upon and order the bod}', goods,
chatt[e]l[e]s, ready money, and other estate of such bankrupt, whether
it b3 by imprisonment of his or her body, or otherwise, as to the said com-
missioners, or the greater part of them, shall be thought meet.

[Sect. 8.] And it shall be lawful for the said commissioners, or the Bankrupts to bo
greater part of them, to examine every person, against whom any com- oafi^'o^if""
mission shall be awarded, by oath, or, if of the people called Quakers, by Quakers, by
solemn affirmation, upon such interrogatories touching such persons, ^ '^™" "'°'
lands, tenements, hereditaments, goods, chatt[e]l[e]s, debts, bills, bonds,
books of accounts, and all other matters relating to his or her trade and
effects, and such other things as may tend to disclose his or her estate, or
the secret grants, conveyances and eloyning of his, her or their lands,

Pkovince Laws.— 1757-58. [Chap. 12.]

Wife of any
bankrupt may
be examined.

Or any person
suspected to be
iiidobtcd to any
bankrupt, &c.

Bankn]pta'
answers to be
reduced to
writing.

Bankrupts or
tlicir ■wives may
bo imprisoned
for refusing to
answer.

Warrant for
commitment to
specify the
question.

Persons com-
mitted applying
by writ oi habe-
as corpun to be
(lisKliarKcd.may
In: recommitted,
in case.

Penalty for the
jailir'H wilfully
■utl'i'rlnK an
escape, &c.

Penally for
prrjiiry com-
niitti'd by tho
bankrupt.

tenements, hereditaments, goods, raone}-, and debts, as they shall think
meet ; and lil<cwi-.e so to examine the wife of such banlirupt, for the
finding out and discover}- of the estate, goods and chatt[e]l[o]s of such
bankrupt, concealed, kept or disposed of by her in her own person, or
by her own act and means, or b\' any other person or persons ; and
likewise so to examine any person sui)posed or suspected to be indebted
to tlie said bankru[)t, or to have any of tlie goods, chatt[c]l[o]s, debts,
estate or securities of such bankrupt in his or her custody, use, occu-
pjing, direction or command ; or any other person duly summoned or
])resent at the meeting of the commissioners touching tho promis[s]es,
and any acts of bankruptcy committed liy liim or her. and also to reduce
into writing the answers of such bankrupt [s], his wife or other person,
which examination tlie part}' examined is required to sul)scribe.

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

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

[Skct. 11.] And ill case any goak-r, to whom such person shall be
committed, shall wil[l] fully siilfer such person to escape or go without
the walls or doors of the prison, such goaler shall for such olTence, being
convicted tiiereof by indictment or iiilbrniation. forf[ie][''/]t live hun-
dred pounds for the use of the creditors ; and the goaler shall, upon re-
quest of an}' (creditor having proved his de])t and produced a cerlilicate
thereof under the iiands of the commissioners, which the commissioners
shall give gratis, produce such person so committed ; and in case such
goaler shall refuse to shew such person so committed and being in his
actual custody at the time of such re<iiu'st. to such creditor requesting
to see such person, such goaler shall forfeit an Jmndied pounds for the
use of the creditors, to be recovered by action of ilebt in the name of
the creditor requesting such sigiit.

And he it further enacted^

rSr.CT. 12.] That if, upon the examination of such bankrupt, it shall
ap|)ear t!iat lie, she or they have committed any wilful or corrupt per-
jury tending to the hurt or damage of the creditors of the said bank-
rupt to the value of ten pounds or above, the party so ollending shall or
may thereof be indiettMJ in liis majesty's court of assize, and lieing law-
fully eouvieteil thereof, shall stand in the pillory one hour, and have one
of bis ears cut off.

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

[Sect. 13.] And it shall and may be lawful for such commissioners, commissioncrB
or the srreatcr part of them, to issue ])rocess a2;ainst the wife of such may bring tbo

,. 1.1 n •""• I'^i Will' of nny

bankrupt, to bring her bclorc them lor cxannnation ; and if she or an}- bankrupt for
other person duly summoned shall fail of appearing before the said com- |.^^^m«'a''""it
niissioners at the time and place b}^ them appointed, they shall incur[r]
such danger and penalty as is above macle and provided against tlic
bankrupt himself ; and the lawful costs of all witnesses shall be ratea])ly
born by the creditors of such bankrupt, according to the proportion of
each of their several debts.

And be it further enacted,

[Sect. 14.] That if any bankrupt shall, upon examination before Frauds to bo
the s[fu']d commissioners executing the said commission, be found cou'n of '^iL'iie
fraudulently or deceitfully to have conveyed away his or her goods, &c.
chatt[e]l[e]s, lands, tenements, rents, annuities or other estate, or any
part thereof, to the value of twent}' pounds or above, to the end and
purpose to hinder the execution of this act, or thereb}^ to defraud or
delay or hinder his or her creditors of the same, and shall not, upon
examination, discover to the said commissioners, or the greater part of
them and, if it be in his or her power, deliver unto the said commission-
ers all that estate, goods and chatt[e]l[e]s so fraudulently conveyed away
as aforesaid, or b}" him or her, his or her means kept or detained from
the said commissioners, or shall not, as far as lies in his or her power,
convey to the said commissioners all his or her estate, being out of this
province, to be disposed of b\' the said commissioners as his or her
other estate for the benefit of the creditors, shall or may be indicted for
such fraud or abuse, at the assizes or general sessions to be holden before
the judges of assize or justices of the peace of the county where he or
she shall become bankrupt, and the bankrupt, upon conviction thereof. Penalty,
shall stand in the pillory one hour, and have one of his ears cut off.

A7id be it further enacted,

[Sect. 15.] That if any person which is or shall be a bankrupt, b}' "wiicre lands,
the intent of this act, shall conve}' or procure, or cause to be conveyed uienUy''cot" '
to any person or persons any lands, tenements, hereditaments, annu- voycd without a
ities, leases, goods, chatt[e]l[e]s, or transfer his debts into other men's sidcration, tiio
names, except the same shall be purchased, conveyed or transfcrr[e]\l m^™'^pose'of
for some good or valuable consideration, it shall be in the power the same for the
and authority of the commissioners in this behalf to be appointed, or creditors. ' "^
the greater part of them, to bargain, sell, grant, convey, demise or
otherwise to dispose thereof, in as ample manner as if the said bankrupt
had been actually' seized or possessed thereof, or the debts were in his
own name, of the like estate or interest, to his or their own use, at such
time as he or she became bankrupt, and that every such grant, bargain,
sale, conve3'ance and disposition of the said commissioners, or the
greater part of them, shall be good and available to all intents, con-
structions and purposes in the law against the offender and offenders,
his heirs, exe[c«i]ors, adm [i?u's'rai] or s and assigns, and such persons as
shall be subject to this act, and against all other person or persons
claiming by, from or under such offender or offenders, or such said
other persons to whom such conveyance shall be made by the bankrupt,
or by his means or procurement.

And be it further enacted,

[Sect. 1G.] That if an}' person or persons being known, supposed Persons detain.
or suspected to have or detain any part of the lands, tenements, heredit- of^any'b^ink-'*
araents, goods, chatt[e]l[e]s or debts of the said bankrupt, or to be ["^ebtcd'^that
indebted to or for his or her benefit, shall not upon examination dis- on examination
close and plainly declare and shew the whole truth of such things as he dol'o the whole
or they shall be examined of concerning the premisses to his knowledge, truth, to pay
then every such person or persons, upon due proof thereof to be made of'iauda.'&oi' °°

Province Laws.— 1757-58.

[Chap. 12.]

Forfeitures to
be distributed
for tlio payment
of creditors.

Persons fraud-
ulently claiming
or recovering
debts, &c., of
any person
deemed or ad-
judged a bank-
rupt, to forfiit
double as much
as xhull be
claimed or
demanded.

Persons
intrusted and
wilfully con-
riMliiig Ibo
fsinto of any
li:itil<nipt, to be
lined £100.

persons com-
mitting wllfnl
fM-rinry, tn bo
iidicled, &c

Penally.

8t. r.i:ilz.,cb.O.

Rnms of money

firfrlliMl to bo

riTovpipd by
crcdltora.

Ijcfore the said commissioners, or the greater part of them so to be
appointed as is aforesaid, l)y witness, examination or otherwise, as to
tlie said commissioners, or tlie greater part of them, shall seem suflS-
cient in that behalf, shall lose and forfeit double the value of all such
goods, ehatt[(']l[e]s. wares, merchandizes and debts by them, or any of
them, so concealed, and not wholly and plainly declared and shewed,
which forfeiture shall be levied by the said commissioners, or the greater
part of tbem, of the lands, tenements, hereditaments, goods and chat-
t[e]i[c]s of such person not disclosing the whole truth as is aforesaid,
by such ways and means, and in such manner and form, as is before
limit [^]ed and appointed for the principal offender or offenders, debtor
or debtors, and the same forfeiture or forfeitures to be distributed or
emploj'cd to and for the satisfaction and pa3-ment of the debts of the
said creditor or creditors, in such like manner, rate and form as is
above declared concerning the ordering of the lands, tenements, goods
and chatt[c]![e]s of such debtor or debtors as is aforesaid.

And be it farther enacted^

[Sect. 17.] That if at any time before or after such voluntary dec-
laration to the secretary, or that anj' such person or persons depart the
province, keep his or their houses, or otherwise absent him- or them-
selves, or suffer him- or themselves to be arrested or imprisoned, or
escape as is aforesaid, an}' person or persons fraudulently, by coven or
collusion, claim, demand or recover an}' debts, duties, goods, chat-
t[e]l[e]s, lands or tenements which were or shall be due belonging or
appertaining to any such bankrupt or bankrupts, other than such as he
or they can or do prove to be due by riglit and conscience in form afore-
said for money paid, wares delivered, or other just consideration or
cause reasonable, to the just value thereof, before the said commission-
ers so to be appointed, or the greater part of them, as is aforesaid, and
the same to proceed bona fide without fraud or coven, that then every
such person or persons so craftily demanding and claiming any such
debt, duty or other thing as is aforesaid, shall forfeit and lose double as
much as he or they shall so claim and demand, which said forfeiture shall
be recovered, levied and employed la manner and form as is before
rehearsed.

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

[SiiCT. 11).] And if any person or persons other than the bankrupt,
either by subornation, unlawful procurement, sinister perswa^^ion, or
means of any other, or by his own act, consent or agreement, shall wil[l]-
fully antl coiru|)lly connnit any manner of wilfiil[l] perjury by his depo-
sition to be taken before ihe s[ai]d commissioners, or the greater part
of them as aforesaid, that then the party or i)arties so oflending, and
all and every person and persons that sliall unlawfully and corruptly
proctu'c any sueii unlawful, wilful[l] and corru|»t perjury, shall or may
therefor be indicted in his majesty's superioiir court, and after his or
their conviction thereof, shall incur sueh forfeiture, and receive and
suffer such i)ainH and punishments, as are limited by the statute matlo
coneerning perjury in the fifth year of the reign of Queen Elizabeth.

And 1)0 it further runrti'd,

[Skct. 20.] That all and every sum and sums of money which shall
be I'orl't'ileil by force of this act, shall i)e suivl I' )r and recovered by the
said creditors only, or any of tiiem tliat will mie for the same, by action

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

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

Provided, cdways, —

And be it enacted,

[Sect. 21.] That if it shall happen that the creditors of any such Proviso relating
bankrupt as is aforesaid be paid and satisfied their debts and duties of *» forfeitures,
or with the proper lands, tenements, goods, chatt[e]l[e]s and debts of
the said bankrupt, or of or with the same and some part of the forfeit-
ures of the said double values to be forfeited as is aforesaid, and that
there shall remain an overplus of the said forfeiture of the said double
values, that tlie said overplus shall, by the said commissioners so exe-
cuting the said commission, be paid to the treasurer of this province for
the use thereof.

And be it further enacted,

[Sect. 22.] That the commissioners of bankrupts or the greater Commissioncra
part of them shall have power to grant and assign, or otherwise to poscofdl'MsI*"
order or dispose all or any of the debts due, or to be due, to and for the wp;,;.["t''jjy'°
beut'tit of the said bankrupt, by what person or persons soever, or in bankrupts,
what manner and form soever, to the use of the creditors of the said
bankrupt ; and that the same grant, assignment or disposition of the
said debts, in form hereafter mention[e]'d, b}' the said commissioners,
or the greater part of them, shall so vest the property, right and inter-
est of the said debt and debts, in the person or persons of him. her
or them to whom it shall be granted, assigned or ordered by the said
commissioners, or the greater part of them, as fully to all intents and
purposes as if the bill, bond, bonds, recognizances, judgment or eon-
tract whereupon the said debt or debts, deed or deeds shall arise or
grow, had been made to or with, or for, the said person or persons to
whom the same shall be so granted, assigned or disposed b}' the said
commissioners ; and that after such grant, assignment or disposition
made of the said debts, that neither the bankrupt, nor an}- other to
whom such debt[s] shall be due, shall have power to recover the same,
nor to make any release or discharge thereof; neither shall the same be
attached as the debt of the bankrupt, or such said other person or per-
sons, to whom the same shall be due b}- an}' other person or persons;
but that the party or parties, to whom the same debt shall be assigned,
sliall liave like remedy to recover the same, as full}' and lawfully, in
the name or names of the person or persons to whom the same shall be
so granted, assigned or ordered by the said commissioners, in all re-
spects and purposes, as the party himself might have had.

Provided always, —

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

Provided, also, —

And be it further enacted^

[Sect. 24,] That such of the said commissioners as shall put the ^"'"T'^TJ',^^';?
said commission in execution shall, upon lawful[l] request to them tionioany
made by the said bankrupt, not only make a true declaration to the eralJiovln "or''°
said bankrupt of the employing and bestowing of his, her or their said bostowin|of
lands, tenements [and] hereditaments, goods, wares, chatt[f']l[c]s and ^hen liwfuiiy'"
debts which shall l)e paid and satisfied to their said creditors, but also requested,
make payment of the overplus of the same, if any such there be, to the
said bankrupt, their executors, administrators and assigns, and that
the said bankrupts, after the full satisfaction of the said creditors, shall

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

have full power and authorit}' to recover and receive the residue and
romaiudcr of the debts to them owing, an3'thing in this act contained to
the contrary in any wise notwithstanding.
And be it farther enacted,
Crr<ritor8 [Sect. 2."),] That the crcditors wlio shall petition for a commission

I mnm'i"' im/of " of hankruptc}' shall be obliged, at their own costs, to prosecute the
i.aiiknipicy to same until[l] assignees shall be chosen; and the commissioners shall,
lament their at tlic mccting appointed for the choice of assignees, ascertain such
own cost until eosts, and bv writing shall order the assignees to reimburse such peti-
bo chosen. tioniug Creditors out of the first effects of the bankrupt that shall be

got in, and the commissioners shall forthwith, after they have declared
Public notice to tlic pcrson a I)ankrupt and caused notice thereof to be given in the pub-
omiitorVof any lic'[k] ncwspapcrs, appoint time and place for the creditors to meet, in
bankrupt of ihc order to choosc assiguccs ; at which meeting the commissioners shall
o"iTiee"ting for admit the proof of any creditor's debt that shall live remote from the
assiences'" &c I'lf^cc of such meeting bj^ affidavit or solemn affirmation, and permit
any person duly authorized by letter of attorne}' (oath or affirmation
being made of the execution thereof, either hy an affidavit sworn or
affirmation made before a justice of the peace or before the commis-
sioners vica voce, and in case of creditors residing in distant parts,
such affidavit [t]s or aflflrmations shall be made before a magistrate
where the part}' shall be residing, and shall, together with such credit-
or's letters of attorney, be attested by a notary publick) to vote in the
choice of assignees in the place of such creditor, and the commissioners
shall assign such bankrupt's estate unto such persons as the major part
in value of such creditors, according to the debts then proved shall
ciioose ; and the assignees shall be obliged to keep books of account,
wherein they sliall enter all sums of money or other efiects which they
shtill have received out of said bankrupt's estate, to which books every
creditor shall have free resort, and no creditor or other person on
bclialf of any creditor shall be permitted to vote in such choice of
assignees whose debt[s] shall not amount to ten pounds.
A«8i(?nee8 [Sect. 2().] And it shall be lawful for the commissioners imrae-

romm'is^ion.Ta diatoly to appoint assignees, which assignees shall be removed at the
may bo reniDved meeting of the Creditors for choice of assignees, if the major part in

lit the meeting 1.1 ■. . o 1 1 , .

of credJtorB, Sec. value of tliera then present and if such persons authorized as aforesaid
shall tiiink fit ; and such assignees as shall be removed shall deliver up
the said bankrupt's effects antl estate unto the assignees chosen by the
creditors; and if such lirst assignees shall neglect by the s[)acc of ten
days, after notice in writing, to make such assignment and delivery,
Forfcitiirr for cvcry such first assignee shall forfeit two hundred pounds to be dis-
nLl^cJi! liilmted amongst the crcditors and to be recovered by such person as

the commissioners shall appoint to sue for the same.
n.Mimnn.ier-in- [Sect. 27.] And it shall l)e lawful for the commander-in-chief, with
a.ivir'tM)f'ih(> ^''*- •'^dvicc of liis majesty's council, upon petition of the creditors, to
«^_"""''''' '" "">k« make such order for the choice of new assignees as he, with such advice,
choice .if mw shall think just; and in case a new assignineut shall be ordered, then
iianignce«, &0. nx\ii\\ cffccts of sucli Ininkrtipt shall be thoreby etfoctually vested in such
now assignees, and it shall be lawful for them to sue for the same in
their names, and to give acquittance for debts, as the assignees in the
former assignment might havo done ; and the commissioners shall cause
pul)lick notice to be given in the Boston news[)apers that shall imme-
diately follow the removal of such assignees and the appointment of
others; and before the creditors shall proceed to the choice of assign-
ees, the major part in value of the creditors present shall, if they tiiink
flt, direct how and with whom the monies to bo received out of the
bankrupt's estate shall remain until[lj the same be divided, to which

[2d Si:ss.] Piiovince Laws. — 1757-58. 37

rule such assignees shall conform as often as fifU' pouncfs shall be
{;"ot in.

[Skct. 28.] And the persons eliosen assignees shall, after the oxpi- Assignees to
ration of four months and within twelve months frtnu the time of issu- ulu'p"bVk.°u.w8.
ing such commission, cause twenty-one days' notice to be given in the pap. rs of the
publick nevYspai)crs of the time and place tlie commissioners and assign- orcommis«'ion.
ecs intend to meet and make a dividend, at which time the creditors ^■.'■■''' ""'}"''" .

. ti'/ncfs' meeting

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

[Sect. 29.] And it shall be lawful for the assignees, with the consent ARsignccg, with
of the major part in value of the creditors present at an}- meeting, pur- tii.^ raajor'p °rt
snant to notice in the public[k] newspapers, to submit any dillcrence {'fs\\bmit'-'in""'
between such assignees and any person whatsoever, by reason of any diffcrcucc to
matter relating to such bankrupt, to the determination of arbitrators, "'■^"■■'»"<'"-
or otherwise to compound the matter[s] in difference as the assignees,
with such consent, can agree. And the assignees are impow[e]red, with
consent of creditors, to make composition with an}' debtors to such
bankrupts where the same shall appear necessary.

[Sect. 30.] And the commissioners shall appoint, within the time Times for com- •
limit[<]ed for the bankrupt to surrender and conform as aforesaid, not mcrt'in'? Tvi'tiiin
less than three meetings, the last of which shall be on the day liinit[^]cd iiie time liminii
for such bankrupt's appearance, and three weeks' notice shall be given nipt'to s'lm-en.
in the public[k] newspapers of the time and place of such meetings; <icr himself.
and it shall be lawful for them to enlarge the time for such person's sur-
rendering himself and discovering his effects, not exceeding fifty days
from the end of the time limit[i]ed as aforesaid, so as such order for
enlarg[e]ing the time be made six days before the time on which such
person was to surrender himself.

[Sect. 31.] And every such bankrupt, after assignees shall be Bankrupts to
appointed, shall deliver, upon oath or affu'mation before a justice of the asslgnces^on
peace, unto such assignees, all his books of accounts and writings not oath, booUs of

Account &C.

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

[Sect. 32.] And every bankrupt having surrendered shall, at all Any bankrupt
seasonable times before the expiration of the said first limited time ,icr('"ni'im1cif'
aforesaid or such further time as shall be allowed to finish his examina- to have liberty

, , ,., ^ . , 1 ■ 1 1 ... . , „ to Inspect his

tion, be at liberty to inspect his books and writings in the presence of books, &c
some person to be appointed by the assignees, anrl to bring with him

Pkovince Laws.— 1757-58. [Ciiai-. 12.]

nankrupts to bo
froo from nrrosia
In pomlni; to
■urrcud(.'r, S:c.

I'cnalty, &c.

A ny bankrapt
that Khali bu in
cimloily when
coniml8i<ion la
Issued, &c.

Expense of
examination,
huw to be paid.

Bankrupts in
execution to be
attended in
prison.

Allowance to
bankrupts who
»h:ill surrender
and conform to
thlaocL

Hanknipta to be
dinchnrKed from
all debtii owing,
kc.

Dank runts
Imnli-aded, tec,
to l)i"dl«chnrKi-d
on common ball.

Bankrupt may
plead In general,

Allowance to
bankrupts

Wh. fp lllrlr

cutiiti- will not
pay 10». In iho
pound,
nmikrupts'
h<><lii« to bo
free ffMin
•rrcaU, &o.

lUbl* 10 orwllu

for his assistance such persons as he shall think fit, not exceeding two
at one time, and to malic cxtracls and copies to enable him to make a
full discovery of his effects ; and the said bankrupt shall be free from
ari'csts in coin[e]ing to surrender and from actual surrender for such
time as shall be allowed for finis^liing his examination : provided^ such
l)ankrupt was not in custody at the time of surrender. And in case
such l)ankrupt shall be arrested for debt or on an}' escape warrant,
coming to surrender or after his surrender, within the time before men-
tioned, then, on producing such summons or notice, under the hands of
the commissioners or assignees, and giving the officer a copy thereof,
he shall be discharged ; and in case any officer shall detain such bank-
rupt, such officer shall fM'feit to such bankrupt, for his own use, five
pounds for every day he shall detain him ; and in case any bankrupt be
in custody at the time of issuing the commission, and is willing to sub-
mit to be examiiKd, and can be brought before the commissioners and
creJitoi's, the expencc thereof to be paid out of the bankrupt's estate ;
but in case such bankrupt is in execution, or cannot be brought before
the commissioners, tlieii the commissioners shall attend the bankrupt in
custody and take his discover}- ; and the assignees shall appoint per-
sons to attend such bankrupt in prison and produce his books and
writinus in order to prepare his discovery, a copy whereof the assign-
ees shall apply for and the bankrupt shall deliver to their order ten
days before such last examination.

[Sect. 8o.] And all bankrupts who shall surrender and conform,
as by this act is directed, shall be allowed five per cent out of the neat
produce of the estate that shall be received, in case the neat produce of
the estate, after such allowance made, shall be sufficient to pay ten
shillings in the pound, and so as the said five per cent shall not amount
to above two hundred pounds; and in case the neat produce of the
estate shall be sufficient to pay twelve shillings and sixi)ence in the
pound, then all the persons so [per] [co>i] forming shall be allowed seven
pounds ten shillings per cent, so as such allowance shall not amount to
above two hundred and fifty pounds ; and in case the neat produce shall,
over and above the allowance, be sufficient to pay fifteen shillings in the
pound, then persons so conforming shall be allowed ten i)cr cent, so as
such ten per cent shall not amount to above three hundred pounds ; and
every such bankrupt shall be discharged from all debts owing at the time
he did become bankrupt.

[Skct. 3 L] And in case such bankrupt shall afterwards be impleaded,
for any debt due belbre he became bankrupt, such bankrupt shall be
discharged upon common bail and may plead in general that the cause
of action did accrue before such time as lie became bankrupt; and the
certilicato of such bankrupt's conforming and the allowance thereof
shall be sullicirnt evidence of the trading bankru[)tc\ commission and
other proctwlings precedent to the obtaining such certificate : unless the
plaintiff can prove the said certificate was' obtained unfaiily, or make
appear any concealment In' such bankru[)t to the value often pounds.

[Skct. :{."».] And if the neat proceeds of such bankrupt's estate shall
not amount to ten shillings in tlie pound, such bankrupt shall not be
allowed the five per cent, I)ut shall be allowed so much as the assignees
and commissioners shall think fit, not exceeding throe per cent.

[Se(t. 3o.] And in case any commission of bnnkruptcy shall issue
against any person who shall have been discharued bv virtue of this act,
(»r slmll have compoundtvl uiHi l,is creditors, or delivered to them his
cdects and ])een released by them, or been disehamed by any act for
the relief of insolvent del)t ms, then the body only of such person con-
forming shall be free from arrest and impristmment, but the future estate
of such person shall remain liable to his creditors, the tools of trade,

[2i) Sess.] Pjiovinch Laws.— 1757-58. 39

necessary hoiis[(>]li()l(l ^oods nnd necessary weai-ing rii)i):ircl[l] of such Exception,
bankrupt and liis wife and cliildrcMi excepted : vnh^ss llic estate of such
person shall produce, clear, fifteen shillings in the pound.

And be it further enacted,

[SiXT. 37.] That no discovery shall intitle such bankrupt to the Bankrupt not ■
benefits allowed by this act, iiuh'ss the coininissioners or the iiiajor part li! ^'' ""py"''

rti 111^1*11 11 Ji ino uciK'iit of

01 them shall, under their hands and seals, certify to the coniinander- ibwuct, unicw.
in-chief, that such bankrupt hath made a full discovery of his estate,
and in all things conformed himself according to the directions of this
act and that there doth not ai)[)ear to thein any reason to doul)t of the
truth of such discovery ; and unless tiie greater part in number and in Certificate to be
value of the creditors, who shall be creditors for not less than ten gr°catcst'n!rt''"of
jiounds, respectively, or some other person by them duly authorized, creUitorH, &c.
shall sign such certificate; and the commissioners shall not certify- 'till CommissioiuTB
they shall have proof by affidavit or atfirmatioii, in "writing, of such [I'.oy'i'.avrifroof
creditors or of the persons by them authorized signing the certificate, by affi.iavit, &<;.
and of the power by which any person shall be authorized to sign for
any creditor (which afli lavit (,r a(l]nuativ)n together with such autlior-
ity to sign shall be laid before two of the justices of the superiour
court with the said certificate), and unless such bankrupt make oath or Bankrupt to
solemn affirmation, in writing, that such certificate was obtained with- ^^:l\i}".':^ll!'Jf''''
out fraud, and unless such certificate shall, after such oath or affirma- obiaint'd with-
tion, be allowed l)y two of the s[a/]d justices ; and any of the creditors °"''^''""'^'
of such bankrupt [.s] may be heard, if they think fit, against the making
such certificate and against the confirmati(jn thereof; and ever^^ security Security piven
to be given to the use of any creditor as a consideration to persuade "i",Ti*tiit^cmif°
him to sign such certificate shall be void, and the party sued on such loate, to be void,
contract ma}' plead the general issue and under it give this special mat-
ter in evidence.

[Sect. 3^^.] And nothing in this act shall give any advantage to Nothint; in this
any bankrupt who shall have lost, in one day the value of forty shil- advfmtal;c'to
lings, or in the whole the value of ten pounds within twelve months bankrupt, &c.
next preceeding his becoiri[e]ing bankrupt, at cards, dice or other game,
or hath born a share in the stakes or betting.

[Sect. 3'.».] And if an}' bankrupt who shall obtain his certificate Any bankrupt
shall be taken in execution and detained in prison, on account of any om°fafuror)!
debts contracted before he became a bankrupt, b}- reason that judgment taininj; a certif-
was obtained before such certificate was allowed, it shall be lawful for ch'arged.'&c."''
any one of the judges of the court wherein judgment hath been so
obtained, on such bankrui)t producing his certificate allowed, to order
any sheriff or goaler, who shall have such bankrupt in his custody, to
discharge such bankrupt without fee; and upon certificate, under the On certificate of
hands and seals of the commissioners that such commission is issued ti°™Xmm^l'»'ion
and such person proved before them to become bankrupt, it shall be is i-sued, &c.,
lawful for any of his majesty's justices of the superiour court, or of ;uptTior"court,
the courts of common pleas, and they are hereby required, upon appli- ^c.^t" grant
cation made, to grant their v.-arrants f )r a|iprehending such person, and
him to commit to the common goal of the county where he shall bo
apprehended, and there to remain until [1] he be removed by the order
of the commissioners; and the goaler, to whose custod}' such person Any bankrupt
shall be committed, is required to give notice to one of the commission- BubmiuTngt&c"
ers of such person being in liis custody ; and if any |)erson so appre- tohavotbe

u 1 1 1 11 -.1 • ti 4- 11 1 1 -i. i 1 • 11 benefitofthia

bended shall, within the time allowed, suiimit to be examined and act.
conform as if he had siuTendered, such person shall have the benefit of
this act, as if he had voluntarily come in.

[Sect. 40.] And every person, wiio shall, after the time allowed to Persons making
such bankrupt, voluntarily make discovery of any part of such bank- 8ifowed7' '° ^'^
rupt's estate, not before come to the knowledge of the assignees, shall be

Province Laws.— 1757-58. [Chap. 12.]

Persons taking
bills, &c., may
pililion for u
commi^rsion or
binikru2>tcy.
Ko commission
of bankruptcy
ti) be .iwarded
on a single
debt Ices than
£50.

Persons petl-
lioiiin.!; to make
oatli and give
l)oi;d.

Secretary, in
certain cases, to
assign bond.

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

I'cnalty for any
liankruptHwear-
Itig or affirming
that any money
Ih due which Is
not.

Bankrupts to
nltcnil iiHsignccB
to Hitlle nc-
counta, &c.

Upon neglect to
be committed.
Ice.

allowed five per cent, and such further reward as the assignees and the
major part of the creditors iu value present at an}^ meeting of the
creditors, shall think fit.

[Sect. 41.] And it shall be lawful for persons taking bills, notes or
other security, fur money payable at a future day, to petition for a
commission, or join in petitioning.

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

[Sect. 4)3.] And if any bankrupt shall, after issuing of an}' com-
mission against him, pay the person who sued out the same, or deliver
to such person goods or security for his dcl)t, whereby such person
suing out such commission shall privately have more in the pound than
the other creditors, such payment, delivery of the goods or giving
security shall be deemed an act of bankruptcy, whereby such commis-
sion shall be super [c] [.s]edcd ; and it shall be lawful for the commander-
in-chief, with advice as aforesaid, to award to any creditors petition-
[ing][cc?] another commission, and such person receiving such goods
or other satisfaction shall forfeit as well his whole debt as the whole he
shall liave received, and shall pay back and deliver up the same, or the
full thereof to be divided amongst the other creditors ; and where it
shall appear that there hath been mutual credit given, or mutual debts
between the bankrupt or any other person, the commissioners or
assignees shall state the account, and one debt may set against another,
and [^/te] only [the] bal[l]ance of such account shall be claimed or
paid.

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

[Sect. 4.').] And after such bankrupt shall have obtained his certif-
icate and the same shall be confirmed, such bankrupt shall be obliged,
upon notice in writing, to attend the assignees in order to settle any
account of such banknii)t's estate, or to attend any court of record to
l)e examined touching the same, or for such other business which such
assignees shall judge necessary for getting iu the bankrupt's estate, for
which attendiuice tlie bankrupt shall be allowed two shillings per diem;
and in case such bankrupt siiall neglect to attend, or refuse to assist
iu such discovery, without good cause to be shewn to the commissioners,
to l)e l)v them allowed, such assignees making proof thereof, upon oath
or .solemn affirmation before the commissioners, the commissioners are
hereby required to issue a warrant to such person[s] as they shall think

[2d Sess.] Pi:ovince Laws.— 1757-58. 41

proper, for apprehending such bankrupt, and him to commit to the county
goal, there to remain in close custody until [1] he shall conCoriu to the
satisfaction of the commissioners and be by the commissioners, or by
due course of law, discharged ; and such goalcr is required to keep such
person in close custody within the walls of the prison, under the penal-
ties before mentioned for snderi.ig such prisoncr[.s'] to escape.

[Sect. 4l).] And within eighteen months after the issuing of an}- Timeformaking
such commission, the assignees shall make a second dividend, in case den,'i'.""^ ^''^'
the estate was not wholly ilivided upon the first, and shall cause notice And notice of
to be inserted in all tlie publick Boston newspapers, for three weeks be^Jrven'i'JfiJos
successively, of the time and place the commissioners intend to meet, to ton newspapers,
make a second dividend, and for the creditors who shall not before have "'
proved their debts to come and prove the same ; and at such meeting Assignees on
every assignee shall produce, upon oath or affirmation, his accounts, and ai.'Jouiur"'^"'^*'
what upon the bal[l]ance shall appear to be in his hands shall, by like
orders of the commissioners, be forthwith divided, which second dividend Second dividend
shall be final, unless any suit shall be depending, or any part of the unl^c'ss!"^''
estate standing out, or unless some future estate of the bankrupt shall
afterwards come to the assignees, in which case the assignees shall, as
soon as may be, convert such future estate into mone}', and shall within
two months after, by the like order of the commissioners, divide the
same.

[Sect. 47.] And no lessee of lands, grazier or drover, or receiver No lessee of
of taxes, shal[l] be intitled, as such, to the benefits given by this act, or bo"decmcd '"
be deemed a bankrupt. And upon the petition of any person, the com- bankrupt.
mander-in-chief may order such commissions, depositions, proceedings Commandcr-in.
and certificates to be ent[c]red of record ; and in case of the death of tion.'toonier
the witnesses provincr such bankrui^tcv, or in case the said commissions commissions

1 • 1 11 1 A 1 ir- n n . • &c., to be put on

or other things shall be lost, a cop}- of the record [s] of such coramis- record, &c.
sions or things, signed and attested as herein is mentioned, may
be given in evidence to prove such 'commissions and banlcruptc}', or
other things ; and all certificates to be allowed and entrelrcd of record. Certificates

L J 7 recorded Sec

or a true copy of every certificate, signed and attested as herein is may be g'iven'in
mentioned, shall and may be given in evidence in any [of the] courts of fraudiik.nt""''''"'
record, and without further proof, taken to be a bar and discharge obtained,
against any action for any debt contracted before the issuing of such
commission, unless any creditor of the person that hath such certificate
shall prove that such ccrtiQcate was fraudulentlv obtained; and the picrksofthc
several clerks of the inferiour courts of common pleas where said bank- to record com.
rupt last dwelt, shall, in their several offices, enter of record such com- missions, &c
missions and other things and have the custody of the entries thereof,
and all persons shall be at liberty to search and have copies of them ;
and there shall not be paid out of the estate of the bankrupt an}' monies Expenses for
for expences in eating or drinking of the commissioners or of any other drinking not to
persons, at the times of the meetings of the commissioners or creditors ; »\« p-»i<i out of

1 1111111 1 1 -, n • /.. t'l" bankrupt's

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

[Sect. 4f^.] And the commissioners shall not be capable of acting
nntil[l] they have respectively taken an oath to the effect following;
viz^'].,—

I, A. R., do swear that I will faithfully, impartially and honestly, accord- Commissioner'*
ing to the best of my skill and knowledge, execute the several powers and °'*''''

PiioviNCE Laws.— 1757-58. [Chap. 12.]

CumtniRsioncrs
to adniinistcr
o;ith to each
oilier.

Commissions of
banl;riiptcy not
to at)ate by the
demise of his
majesty, &c.

Action, &c.,
liroU!,'l)t afrainst
any commis-
sioner, &,c.

Defendant may
j)leacl not guilty,
icc.

riaiiitiffadmit-
tcil to reply, &c.

Tiial to be by
verdict of twelve

Costs.

Proviso In case
cif any bank-
riipt's death,
&c.

CommlsBloncrs,
or the major part
of lliitn, have
jiowcr l)y deed
Indented', &o.,
to urant and
BcU lands, &c.

Ornntii, &c., to
be (food ni^aliist
bankrnptii and
Ihi irhilrs, &c.

trusts reposed in me as a commissioner in a commission of bankruptcy against
, and that without favour or affection, prejudice or malice. So
help me God.

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

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

And be it further enacted,

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

Provided, always, —

And he it further enacted,

[Sect. !')!.'] That if, after any commission of bankruptcy hereafter
sued fortli aiul dealt in b}- the commissioners, the bankrupt happen to
die before the commissioners shall distribute the goods, lands and
debts of the bankrupts or any of them, by force of this act, that then,
nevertheless, the said commissioners shall and may in that case proceed
in execution, in and upon the said commission, for and concerning the
bankrupt's goods, lands, tenements, hered[o][?] laments and debts in
such sort as they might have done if the bankrupt were living.

And be it further enacted, ♦

[Sect. 52.] That the said commissioners or the major part of them
shall have power, bj' virtue of this act, by deed indented and duly
registred within two montlis after the making thereof in the county
where such lands lie, to grant, bargain, sell and convey any lands,
tenements or hereditaments, whereof any bankrupt is or shall be in
any ways seized of any estate intail, in possession, reversion or
remainder, and wliereof no reversion or remainder is or shall be in the
king's majesty, liis iieirs or successors, to any person or i)ersons for the
relief an(i lionefit of tlie creditors of all such bankrupts ; and that all
and every sucli grants, l)argains, sales and conveyances shall be good
and available in the law to such person or [)ersons and their heirs,
.'igainst the said l)ankrupt, and against all and every the issues of the
l)ody of such bankru|)ls, and against all and every person or persons
claiming any estate, right, title or interest by, from or under the said
bankrupts, after such time as such person shall become bankrupt, and
against all and every other person or persons whatsoever, whom the

[2d Skss.] PiiOviNCE Laws.— 1757-58. 43

said bankrupt, by common recovery or other ways or means might
cut[t] off or debar from anj^ remainder, reversion, rent, proDt, title or
jiossibility into or out of any the said lands, tenements or heredita-
ments.

And be it fuHlier enacted,

[Sect. 53.] That if any person, that now is or shall hereafter become Bankrupts <on.
a banlcrupt, have lieretofore granted, conveyed or assured, or shall at &c^,"in con^"'
any time hereafter grant, convey or assure, an}- lands, tenements, here- "i'liriition of
ditaments, goods, chatt[e]l[e]s or other estate unto any person or per- '* '""^ '°°'
sons, upon condition or power of redemption at a day to come, by pay-
ment of money or otherwise, or have by law a right of redemption
therein, or where bonds shall be given for reconveyance of any real
estate, upon payment of money or other thing at a certain day, that it
shall and may be lawful to and for the said commissioners or the
greater part of them, before the time of the performance of such con-
dition or agreement or right of redemption be expired, to assign and
appoint, under their hands and seals, such person or persons as they CommiBgioners
shall think fit, to make tender or payment of money or other perform- pe"r8o"Mo mak«
auce according to the nature of such condition, agreement or right of tender, &c.
rodomplion, as fuUv as the bankrupt might have done; and that the After tender,
said commissioners or the greater part of them, shall, after such tender, pow™rtod'i«"
payment or performance, have power to sell and dispose of such lands, pose of lauds,
tenements, hereditaments, goods and chattels and other estates so
granted, conveyed or assured upon condition, to and for the benefit of
the creditors, as fully as they may sell or dispose of any the estate of
the bankrupt.

Provided, further, —

[Sect. 54.] That no purchaser for good and valuable consideration PtovIm.
shall be impeached by virtue of this act, unless the commission to prove
him or her a bankrupt be sued forth against such bankrupt within five
years after he or she shall become a bankrupt.

And he it further enacted,

[Sect. 55.] That the discharge of any bankrupt, by force of this Discharee of
act, from the debts by him owing, at the time that he did become a bank- b7tW3"ac'7.mt
rupt, shall not be construed to discharge any other person who was *o extend to his
partner with the l)ankrnpt in trade, or stood jointl}- bound, or had made P*""^""*
any joint contract, together with such bankrupt.

[Sect. oG.] And every person, who shall give credit, on securities Persons giving
payable at future days to persons who are or shall become bankrupts, socuHtTt", &c.,
upon good consideration, 6o?ia ^cZe, for money or other thing not due py^'j'e^'ta
before the time of such person's becoming bankrupt, shall be admitted ha "o"^! divi'de^nd,
to prove their securities or agreements, as if they were payable ^°*
presently, and shall have a dividend in proportion to the other credit-
ors, discounting six per cent from the actual payment to the time such
money would have become due, and the bankrupt shall be discharged
from such securities as if such money had been due before the time of
his becoming bankrupt.

And he it further enacted,

[Sect. 57.] That when any persons shall fraudulently swear or wiicn persons
depose, or being of the people called Quakers affirm, before tlie majo'- u'l cut ly' swear
part of the commissioners named in any commission of bankiiip[^icv oraiiirm, ami
or by affidavitor affirmation exhibited to them, that a sum of money is tToXcharl'e'^'of
due to him or her from any bankrupt or bankrupts, which shall in fact «">• bankrupt,
not be really and truly so due or owing, and shall, in res[)ect of such
fictitious and pretended debt, sign his or her consent to the certificate
for such bankrupt's discharge from his debts, that in every such case,
unless such bankrupt shall, before such time as the major part of the

^4 Pkovlnce Laws.— 1757-58. [Chap. 12.]

said commissioners shall have signed such certificate, by writing bj' him
to be signed and delivered to one or more of the said commissioners,
or to one or more of the assignees of his estate and effects under such
commission, disclose the said fraud and object to the reality of such
debt, such certilicate shall be null and void to all intents and purposes,
and such bankrupt shall not in that case be [e][i]ntitled to be dis-
charf^ed from his debts, or to have or receive any of the benefits or
allowances given or allowed to bankrupts by this act, anything herein
contained to the contrary thereof in auyv>ise notwithstanding.
Limitation of [SiccT. 58.] This act to be and Continue in force for five years from

""''"''■ the pul)lication of it, and no longer. [Passed August 31; published

September 1.

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

My Lords,

Your Lordships having been pleased by your Order dated the O'h of
May last to refer to our consideration tifty-seven ants iiass'd in the Province of the
Massachusets Bay in the years IToO and 1757. amougst which there is one entitled,

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

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

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

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

Dl'MC n.VLIFAX.

Whitehall ( James Oswald.

•Tune L'it, 1758.) Soamk Jenyns."

— Report of the Lords of Trade to the Lords of the Committee of the Privy Council:
"Slats. Bay, B. T.," vol. H-,,p. \, in the Public-Record Office.

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

ACTS

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

1757-

CHAPTER 13.

AN ACT IN ADDITION [TO] AN ACT, INTIT[Cr]LED "AN ACT FOR REGU-
LATING THE HOSPITAL ON RAINSFORD'S ISLAND, AND FURTHER
PROVIDING IN CASE OF SICKNESS."

Whereas, in and by an act, intit[?*]led " An Act for regulating the Preamoie.
hospital on Rainslbrd's Island, and further providing in case of sick- 1756-57, chap. 33,
ness," it is provided, "that when and so often as any ship or other ^'*'
vessel, wherein any infection or infectious sickness hath latelj* been,
shall come to any port or harbour within this province ; or when and so
often as any person or persons belonging to, or that may either by sea
or land come into, any town or place near the publick hospital within this
province, shall be visited, or who lately before may have been visited with
any infectious sickness, two of the justices of the peace or selectmen
of such place be and hereby are impowered immediately to order the
said vessel and sick persons to the province hospital or house aforesaid,
tliere to be taken care of." But no penalty is annexed to the breach of
the afore-recited paragraph of said act ; wherefore, —

Be it enacted by the Governour, Council cuid House of Representatives,
That when any ship or other vessel, wherein any infectious sickness is Justices of tho
or hath lately been, shall come to any port or harbour in this province, oraoHnfectlons
and either two justices or the selectmen of the place shall order the said jf^^^^fis or per-
vessel to the province hospital, and the master or mariners of such hospital,
vessel shall refuse or delay, b}' the space of six hours after said order
given to said master or either of the owners of said vessel or of the
factors of either of said owners, to come to sail, if wind and weather
permit, in order to proceed to said hospital, the master of said vessel
shall forfeit and pay the sum of one luindred pounds and suffer six Penalty for ais.
months' imprisonment; one half of said fine to lie to the informer or thcact!'^'"^
prosecutor, and the other half to the poor of the town or district to
which such port or harbour belongs, the offender to be prosecuted in any
court of justice proper to try the same. [^Passed January 25 ; pub-
lished January 2G, 1758.

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

CHAPTER 14.

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

Preunbie. WiiEREAS the eastcm part of said county of York has been for-

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

Be it therefore enacted by the Govemour, Council and House of Repre-
sentatives,
iy>ftcry oiiowcd [Sect. 1.] That Sir William Pcpperrell, Baronct, Daniel Moulton,
bnii!irn'''nn/'"^ Edward Milliken, Joseph Sayor and Rushworth Jordan, Esq".,
m'ainiaini" g a Moss[/cu]rs Benjamin Cliadbiirn and Stephen Longfellow or any three
KnnT' oJ" tl't'in be and hereby are allowed and impowered to set[tj'up and
prcKumpocot carrv on a lottery or lotteries, which shall amount to such a sura as, by
coMty of York, deducting ten per cent out of each prize, will raise the sum of one thou-
sand two huiKhed pounds, to l)e appl[y][i]ed by them or any three of
them, towards 1)nilding and maintaining a good and sufRcicnt bridge
over each of said rivers of Saco and resumpscot[t], at or near the lower
falls of said rivers, and for defreying the necessary charges of the lot-
tery aforesaid.

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

[StCT. 2.] And if the sum raised shall be more than suflScient, after
paying of tiie charges of the lottery, to build the said bridges, the sur-
plusage shall be lodged in the hands of the treasurer of the county of
York, to bo drawn out and appl[y][/]ed towards repairs of the said
bridges. [Passed Jan war?/ 11, 1758.

CHAPTER 15.

AN ACT FOR INCORPORATING A NECK OF LAND CALLED MER[fl]IC0NEAO
NECK. AND CERTAIN ISLANDS ADJACENT IN THE COUNTY OF YORK,
INTO A Sin'EUATE DISTRICT BY THE NAME OF [IIARPSWELL].

i*rf«mi.ie. WiiKKEAS tlio inhabitants of Mer[r]iconeag Neck and the islands

adjacent li.-ivc humlily represcuted to this court the difliculties and gri'at
ini'onvcni(nc[/]cH ihcy lalxnu- nndiM- in their pres(Mit situation, and have
cnrnostly requeslnl tiiat they may be invested with the powers, privi-
leges ami immuiiilies of a district; therefore, —

Tio it rnactcd h>i the d'ovrniour, Council and House of Representa-
tirvs,

Un.uinthji [Skct. 1.] That, the said neck of land, bofxinnint' where Brunswick

•oonty of i ork i • i , . . i , „ . , , , T , . 7 , ,

line InltTHoel^ tlie upper end of said neck, which is tour rods above tiio

[3d Sess.] Province Laws. — 1757-58. 4-,

narrows of said neck, commonly called the carrying place, from thence, erected into a
incliuling the whole of said neck, down to the sea, together with the •"»"■'<='•
islands adjacent hereafter mentioned; x'v/SK, Great Sebascodegin Bounds thereoC
Island alias Shapleigh's Ishuid. Little Sehaseodegin Island and Will's
Island lying to the sontheast side of said neck. Birch Island, Wliite's
Island and the two Goose Islands lying en the northwest side of said
neck, and Damariscove Islands lying at tlie lower end of said neck, be
and hereby are incorporated into a seperate district by the name of
Ilarpswell.

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

And be it further enacted,

[Sect. 3.] That John Minot, Esq[uire], be and hereby is impowered iniiabitants,
to issue his warrant to some principal inliabitant of the said district, lloufiea.'"'"
requiring him, in his majesty's name, to warn and notify the said inhab-
itants qualilied to vote in town affairs, to meet together at such time and
place in said district, as by said warrant shall be appointed, to chuse
such ofTicers as the law directs and may be necessary to manage the
affairs of said district ; and the said inhabitants being so inet° shall
b'e and hereby are impowered to chuse officers accordingly. [Passed
January 25 ; published January 2(), 1758.

CHAPTER 16.

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

"Whereas the provision made by this government for quartering his Preamble,
majesty's troops in barracks at Castle AVilliam is found inconvenient
for the purposes of such recruiting parties as are or may be emplo3"ed
in his majesty's service within this province, —

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

[Sect. 1.] That when, and so often as. during the continuance of Recruiting
this act, application shall be made, b}' any recruiting officer or officers an>iu"tion, to
in any of the troops that are or ma}' be employed in his majesty's ser- iiavoqimrters
vice for the protection and defence of his majesty's colonies upon the eJi'<'-(tmen,'or, in
continent of North America, to any of the selectmen of any town or dis- fbg^,"[.e°Jf ,i,e
trict within this province, or in the default or absence from the respect- BcUcimen, i.y a
ive towns and districts of any selectmen, to an}- one justice of the peace m^^i'ce!' on public
for the county inhabiting in or near such town or district, such selectmen nouses wiio are
and such justice are hereby requiied to quarter and billet such recruiting wiiii diet, &c.
officers and such recruits in his majesty's service in any of the public
houses within such town or district licenced for the selling within doors
wine, rum or other strong liquors by retail ; and the officers and sol-
diers so quartered and billeted as aforesaid shall be received and fur-
nished with diet and small beer or cyder by the occu|)iers of such
licenced houses in which they may be quartered and l)illeted, payment Payment of
an<l allowance to be made therefor, l)y such recruiting officers as shall ma!iTi>y ("aTct ra
demand quarters, at such rfttes and within such time as is established within such
and regulated by act of parliament for quartering and billeting officers such rates as is

Province Laws. — 1757-58. [Chap. 16.]

MtablUhcd by

art of purlio.
mviii.

Por«on»
uenrlcvcd, to
wlxim to apply,
ami ill what
way and man-
luT llu-y Bhall
be received, &c.

Tcnnliy for any
n'U'ctman or
JiiNtice of the
peace refusing
i>r iKitleclliiK to
quarter ciflicir*
ninl KoMlerg, or
lliati>hall
receive a re-
ward, &c.

Or occupier of
any public
lii>ii»e who Khali
rcfuKo or iieij.
lert to qunricr
oflloers and
•oldlcrs.

T>» be levied by
(liKlri'iM.

Applied to the
rliarKe« iif Iho
Kovvmmenu

l.ltnltatlon.

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

Provided, also. —

And be it further enacted,

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

And be it further enacted,

[Sect. 3.] That if any selectman or justice of the peace shall neg-
lect or refuse, for the space of two hours, to quarter or billet such otBcers
or soldiers when thereunto required, in such manner as is by this act
directed, i)rovided sufficient notice be given before the arrival of au}'^
recruiting parties, or shall receive, demand, contract or agree for any
sum or sums of money, or any reward whatsoever, for or on account of
excusing, or in order to excuse any person or persons whatsoever, from
quartering or receiving into his, her or their house or houses any such offi-
cer or soldier, or in case any occupier of any public licenced house liable
I)y this act to have any officer or soldier billeted and quartered on him or
Iicr, shall refuse to receive and victual any such officer or soldier so
quartered and billeted u[)on liim or her as aforesaid, according to the
(lirections of this act, and shall be thereof convicted before two justices
of the i)oace f )r the county where such offence shall be committed, one
of which justices to be of the quorum, either b}* his or her own confes-
sion, or l)y the oath of one or more credible witness or witnesses, every
person so oU'ending shall forfeit to his majesty for everv such oflcnce
the sum of live pounds sterling, or any sum of money not exceeding
five pounds sterling nor less than forty shillings sterling, as the said
justices before whom the matter shall be heard "shall in their discretion
think fit, to be levied by distress and sale of the goods of the person
olfeiiding, l)y warrant under the hands and seals of the justices before
whom such olfender shall be convicted, to be directed to the sheriff of
the county, his deputies or any constable of the town where the olfender
shall dwell, such fine or forfeiture to be paid into the i)rovince treasury
and to be applird to the public charges of this government.

fSr.<-r. '1.] This act to continue and be in force from the first day of
Dcceiiiber, tiiis present year, unto the first day of December, in the 3ear
of our Lord one thousand seven hundred and fifty-eight, and no longer,
[/'(tssed and jniblishcd December 1.

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

CHAPTER 17.

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

Whereas, since the comnionccmcnt of the present war, it has been Preamble.
judgM necessary, for the more speedy levying of soldiers for his majes-
ty's service and the defence of the province, that general musters of
the several companies of horse and foot slioiild be had on certain days
appointed for that purpose, and such days have by law been appointed
accordingly ; and every person liable to train who should neglect to
attend such musters was subjected to a penalty of twenty pounds : unless
his attendance was necessarily and unavoidably prevented ; and vjliereas,
by reason that no express exemption of the people called Quakers was
made in those laws, divers suits for the recovery of the aforesaid pen-
alty have been commenced against them, altho' they profess to be con-
scientiously scrupulous of attending in arms at military musters, and
thereupon divers petitions from persons of that perswasion have been
prcfcrirj'd to this court for relief in that behalf; wherefore, —

Be it enacted by the Governour, Council and Uouse of Represent-
atires,

[Sect. 1.] That such of the inhabitants of this province, as are Quakers ex.
called Quakers, be henceforth exempted from every penalty heretofore t^^penaUyfor
b}' ]a\y imposed, for not attending military musters and that ever}' such notattsnding
penalty or forfeiture already incurred by persons of that denomination, "rs!^"^^ °"^*'
for the recover}' whereof judgment has not been rendered, be whollj'
remitted, save where suit has already been brought, in which case judg- Penalty to be
ment may be rendered for the plaintif[/] to recover his reasonable costs, "^r" Oie^auu
and that no judgment for the recovery of such penalty heretofore ren- has already
dered, or execution thereon issued or to be issued, sliall be accounted in whieh^case*
(f any force or validit}- for the levying or recovering more of the said ju<3gment, &c.
forfeiture than what by law is appropriated to the use of the military
clerk who commenced the suit whereon such judgment was recovered,
together with costs of suit; and the estate onh', and not the body, of ^stateoniy
any person of that denomination shall be liable to be taken by any such tlon.^
execution.

A)id be it farther enacted,

[Sect. 2.] That every such person, whose body has been taken and QnakerBim-
im[)risoned for such penalty, shall be forthwith discharged and set at Bt-rat"i?bert>\°
liberty ; and where an}' execution has been levyed on goods or otlier Execution
estate, and more thereof has been taken than is sufficient to satisfy one ^'^icdon goods,
third part of such forfeiture and costs, in such case the overplus shall,
without delay, be returned to the owner : provided, nevertheless, that the Proviso respect-
military clerk, at whose suit any Quaker has been imprisoned, sliall cifrks'taklng
have lihertv, after such Quaker shall have been discharged from his outanaii.uj

*■ , ,. . .,, 1/. exccutiou.

imprisonment, to take out an alias execution against his estate only for
one third part of the penalty aforesaid, together with his reasonable
costs.

Provided,

[Sect. 3.] That nothing in this act shall extend, or be construed to Proviso respect-
extend, to the reimbursement of any money actually paid into the hands InfoTb" bands'^
of the chief olBcer of any companv, and bv him bona fide applyed to the of the chief

1 1 •/ officers of ftnv

raising his quota of the eighteen hundred men, for the service of the company,
present year, by order of this go%'ernment.

And be it farther enacted,

[Sect. 4.] That any person against whom suit has heretofore been Any person
brought for the penalty aforesaid, producing certificate in writing under euu h^^j^ee™

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

broiigi.t, pro- the hands of three or more of the principal members of any society of
me'iuwriuljg,' that denomination, that such person had. before the publication of the
*«• ' act upon which such suit was founded, professed himself to be of that

perswasiou. and that they verily l)eUeve him to be conscientiously so,

shall be [i][(']n1.itlcd to iiie beMicfit in this act before mentioned.

And to the intent it may be the belter known what persons are of

that perswasion, and to be deemed such within the intention of this

act, —

Be it further enacted and declared,
Lists of qnakcrs [Sfxt. 5.] That upou lists being taken in writing under the hands
Impresses t^be of three Or more of the principal members of each society of Quakers
t;ik(ninwr)iitig, •\Yi(iiin this uroviuce, setting forth in each list the names of the several

mid by •whom ^ ' ' . ?.,,,, , . , ,

tobccerufled, members of such society liable b}- law to impresses, the towns or
*"'• places to which the}' belong and the military companies within the dis-

tricts whereof they severally dwell therein, also certif3'ing that the}' verily
believe that the several persons in such list named are sincerely of tha*
perswasion, and that they usually attend their meetings for the worship
of God on the Lord's days ; in such case the several persons in such
list named shall be adjudged to come within the intention of this ac:
and shall be exempted from future impresses and all military exercises
The persons whatever : provided, that effectual care be taken that, some time in the
n8't8shari™e**'^ month of March, annually, such lists be lodged, one with the clerk of
lodged. each town or district and chief officer of each military company, and

one with the colonel or chief officer of the regiment to ■which the per-
sons in such list named do severally belong, or in the limits whereof
Certificate to be they dwell ; also that a certificate in writing be procured from such
theco'iont^'^or' coloucl or cliicf officer of the regiment, which he is hereby required to
ciiicf officer, deliver when thereto desired, setting forth the whole number of persons
to give tibe same. lial)le to imprcsscs belonging to his regiment, including and particu-
larly setting forth the numl)er and names of the Quakers living within
the districts thereof, according to the list of Quakers to be lodged with
Which are to be liiiu as aforesaid, and that such certificate be, some time before the fif-
B.'cretary''B tecnlh day of April, annually, during the continuance of this act, trans-
•'fiicu I'cforc the milted to and lodged in the secretary's office of this province.
April, annually. And to the intent that persons of that denomination may bear their
just proportion of the charge that may be incur[r]'d for the necessary
defence of the i)rovince, —
Be it farther enacted,
wiienncceg. [Sect. G.] That whcu and so often as it shall be found necessary

men'fo^hTs^m" that a number of men should be raised within the several towns and
jcBty's service, districts ill this proviucc by impress for his majesty's service, then
Acompntation and in that case there sliall be a computation made of the number of
QiiiikerB,' &c. Quakers in evcM'v regiment wherein any such there be, and no more men
shall be impressed in either of those regiments than their respective
quota, compared with other regiments, exclusive of Quakers.
And he if farther enacted,
rnniain or chief [8ect. 7.] That the captalu or chief officer of every military coir

I. fllocr to certify "- . i • i ^i ,. > i , , . ^. i n -.i •

iho number of P'^'W "1 wlucli tlicrc are any persons of that denomination, shall, within
c^Impany!" **'' ""'^ month after recieving orders to make any impress, certify to the
clerk of the town or district to which such company belongs, what num-
ber of Quakers in pro|)()rtion to the rest of the company would have
been liable to have l)een imi)ressed, if they had not been exempted as
i'lmk'"'''"' "" being of that perswasion ; ami for each Qu:iker who would have been so
lial>le, tlie sum of tliirteen pounds six sliilliugs and eightpence shall bo
added to that town or district's pro[iortioii of the next province tax;
and tlie assessors, in making their assessment, shall apportion and assess
such Huin or sums upon and among such and only such persons belong-

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

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

And be it further enacted,

[Sect. 8.] That every military ofBcer, who shall neglect his dut3' pennityon
by this act cnjo[y][/]ned"', shall forfeit and pay the sum of ten pounds ; ICr'.^llgfeS'&o'
one moiety thereof to be for the use of the province, and the other
moiety to him or them who shall inform and sue for the same in any
court proper to try the same.

Provided, —

[Sect. 9.] Tliat nothing herein contained shall be construed to Proviso with
extend to the inhabitants of Nantucket [t], who are to attend and [Si,"',uo7
observe the rules and directions in the law of this province relating to Nantucket.
the inhabitants of that island, made in the twenty-ninth year of his I'J^s-ji^.cijap.az
present majesty's reign.

[Sect. 10.] This act to continue and be in force for the term of Continuance oi
three years from and after the thirtieth day of December instant, and "'"*"<=*•
until the end of the then next session of the general court, and no
longer. [^Passed and published December 31.

CHAPTER 18.

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

Whereas it is found necessar}- that further provision be made for Prcaiubic.
arming and disciplining the militia, — iT.ss-ilo'^chm I

Be it enacted by the Governour, Council and House of Representatives, /^'i^-i-^l^h^ip-i'S
[Sect. 1.] That the captain or chief officer of each military foot Each foot com-
company shall instruct and emplo}' his company in military exer- be'ex'ercisea."
cises six days in a year for two years from the first day of March
next ; viz., on the second and third Mondays in April, the first
Monday in May, the first Tuesday in June, the last Monda}' in
October, and the Tuesday following the same Monday ; and on Arms, &c., tn
2ach of said days he shall make a strict enquiry into the state of the ''e>'«i""'cJ '•'''>
arms and ammunition of his company, on penaltj' of five pounds for Penalty for
each day he shall be negligent in his dut}- ; that every person from ""^s'ect.
the age of sixteen to sixty, not exempted b}- law, shall appear with Persons liable
arms and ammunition according to law. and attend his dut}' each of ^o '*'= '='''-''''^'=*'-"*i'
the aforesaid days, on penaltj' of nine shillings for not appearing and Penalty for non
ittcnding his duty ; and for not appearing with arms and ammunition, "PP'^^""'^''*
shall be subject to the same penalties as, by law, already [)rovidod for
not being furnished with arms and amiminition : and that the captain Each troop,
or chief officer of each troop or military company of horse, .shall exer- rxercised!"
cise his company four days in each year; viz., the second and third
^londays in April, the last Monday in October, and the Tuesday next
following the same Monday ; and on each of said days shall make strict Troopers' arms,
inquiry into the state of his company, how each man is armed, equipped into?'"^""^^
and provided with ammunition, on penalty of five pounds for eaeh day Pon-iityfor
such captain or chief officer shall l)e guilty of negleet in his duty in this °*'^'"^^-
respect : and every trooper or i)eison Itelonging to the troop of gii;ii(ls. Penalty for
or to any troop or compau}' of horse, shall, upon each of the same days, appearance!""
appear c )inpleat in arms and ammunition, and equipped according
to law, and attend his duty, on penalty of ten shillings each day for
not a|)pearing and attending his duty; and for not aiipeariug armed, ^J"*"'' '"'J"**
equipped and furnished according to law, shall be subject to tlie same &c.

Provixce Laws.— 1757-58.

[Chap. 18.]

Clerks to take a
list, S:c.

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

Captain to be
un< Iff oath for
excusing per.
Bons.

The clerk, on
oath, to pros-
ecute delin-
quents.
IVnalty for
neglect.

Offences com-
inittcJ by offi-
cers tobedeter-
niiiKMl as pro-
viilcil by the act
(.f KingWill-
i:un anil Queen
Mary, &c.

1G93-4, chap. 3.

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

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

Penalty for

necrliTt, or
rrfuHln^f rcgl-
mcntul muBlors.

PcrHons in the
friiiiUers to
•arry arms, fcc

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

Be it further enacted,

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

And be it farther enacted^

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

And he it farther enacted,

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

And be if farther enacted,

[Sect. .').] That every person, that shall neglect or refuse to attend
a review, or regimental muster, shall pay the sum of fifteen shillings ;
and that every person in the frontiers- of this province, liable to bear
arms, when ordered by the chief officer of the regiment, shall carry his
arms and ammunition with him to the i)lace of puhliek worship, and
to liis lalumr in the field, on pain of ('(jrleiting six shillings for each
neglect.

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

Be it further enacted,

[Sect. C] That one half of the non-cominission ofHcers and pri- Non-commis.
vatc soldiers, liable to train, shall be furnished with a good bayonet, n',""p°|{aicreto
with a steel blade, not less than fifteen inches long, fitted to his gun, b. provided
with a scabbard for the same, for which bayonet and scabbard there ri'a'in'wilat'*'
shall be paid out of the publick treasury not exceeding seven sliillings, manner, &o.
and that the captain or chief oflicer of each foot company shall talvc
etlectual caj'e that they be so provided ; and an account thereof shall
be presented by said officer to the governour and council for allowance
and payment, for which bayonet and scabbard each non-commission
oflicer and soldier so provided shall be accountable to this government,
unless under the age of twenty-one j'ears, and for such as arc minors,
their parents, guardians or masters, respectively, shall be so account-
able ; and each non-commission officer and soldier, drummers excepted, Penalty for not
shall, upon every training-day muster, review or alarm, after they are bayonetsf&c!^
provided with bayonets as aforesaid, appear with the same, on penalty
of two shillings for each neglect.

And he it further enacted,

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

^ind be it further enacted,

[Sect. 8.1 That the penalty for any person not appearing and Penalty for non.
attending orders upon an alarm, unless unavoidably prevented, shall be aiaVm.
the sum of ten pounds, or six months' imprisonment; and if any per- Penalty for
son shall be guilty of mutiny or desertion, and be thereof convicted, he deseruon!
shall either be punished with death, without benefit of clergy, or suffer
some other grievous punishment, as shall be adjudged necessar}' by the
court before whom he shall be tried, according to the nature and aggra-
A-ation of his oflfence.

And lohereas, bv an act of this province, made in the twelfth year of 1699.1700, chap,
the reign of his late majesty King William the Third, intitled " An Act "' ^^ ^ "°^ ^•
for putting the militia of this province into a readiness for a defence
of the same", it is enacted, "That all persons commissioned by the RecUaiofan
captain-general or commander-in-chief of this province for the time f^eifth'vi'ar'of
being, to bear office in any military company or troop within the same, Kinii AViUiam
be and hereby are impowered and authorized, by virtue of such com- pmtiiig"ih'e°'^
mission, when and as occasion shall require in the cases, and to the mi'ii'aor'^®

i province into a

intents and purposes abovesaid, to arm, array and weapon the company rcndincssj'ora
or troop respectively under their command, or part of them, and by
force of arras to encounter, repel, pursue, kill and destroy any that shall
a[)pcar in hostile manner to attempt or enterprize the destruction, inva-
sion, detriment er annoyance of an}' of his majesty's subjects, forts, gar-
risons, towns or plantations within this province ; and that such oflicer
or officers so taking to arms, shall forthwith dispatch notice to his or
their superiour officer of his or their motion, and the occasion thereof,
and observe such commands and orders as he or they slinll iVoni time
to time receive from him ; " and also, •• That tiie colonel or chief offi-

dcfence of the

54 ' PROVINCE Laws.— 1757-58. [Cilap. 18.]

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

Be it therefore enacted,
Penalty for any [Sect. 9.] That if any officcr or private man in the militia shall
raa^rc'fu^ng'or rcfusc or wilfuUy ucglcct to obcy such order of his superiour officer as
obe''^thooracr8 ^^^^^ ^^ givcn pursuant to the true intent of the same act, he shall
of his superior forfeit and pa)' the sum of ten pounds, or, in default thereof, sulfer six
officer. months' imprisonment.

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

acuolio^e. * breach thereof, shall be recovered in the way and manner as is provided
ablo'to'thc'a^ ^^3' ^'^^ ^^^ ^^^ regulating the militia of this province, made and passed
forntfuinting in thc fourth and fifth year of King William and Queen Mary, where
fonr'Th'ami' nfth i" l''is ^^ct it is not Otherwise specially i)rovided, and shall ])C dis[)osed
of KirigWiiiium of, one quarter part thereof to the prosecutor, and thc remainder bv

and Queen i • ^ i • i • .l .. i i. i- , ■ : ■ ^ • i < i '

Mary, unieHg him to l)c paid luto the town, thstrict, precinct or parish treasury where
Xo!r'flfr'&c'. ^'^^ ^^^^^ company or thc major part thereof or captain of thc troop
1IW.3-U4, ciiap.'a, belongs, to be drawn out again by the captain or chief officer of the
' ' troop or company whence such forfeiture arose, so far as shall be neces-

sary for procuring or repairing drums, trumpets, colours and hal!)erts,
paying drummers, trumpeters, and for procuring soldiers for his majes-
ty's service, and improved for the benefit of such troo[) or company
rcspcctivcl}', when and so often as any man or men shall be demanded of
said troop or company for said service, and for no other uses or pur[)0SC3
Clerk* to pay whatsocvcr. And the clerks of the military companies are hereby

[3d Si:ss.] Province Laws. — 1757-58. 55

required to pa}' over all such forfeitures as they shall receive to the foif.iturca to
treasurers as before mentioned respectively, at or before the first daj' of ^'^" "'uusurer*,
March, annually, and such treasurers are hereby impowered and required
to demand, sue for, recover and receive the same.

And be it further enacted,

[vSect. 11.] That this act shall l)e n'ad at the anniversary meeting This act to be
of the inhabitants of each town and district through the province, in anniVer^^v
the month of March, annually; and also, that the chief officer of each nit( tiug of each
company cause the same to be road before his company on the second ^*'^^"> *"'•
Monday in April, each year, during the continuance thereof.

And be it farther enacted,

[Sect. 12.] That the captain of the troop of guards, and of every Capuinsof
independant company, shall, upon tiieir oatli, on or before tlie first Mon- g^,° J,78°&c.^ to
day of April next, and annually, transmit into the secretary's office a transmit imts of
list of every person borne on their resi)Octive rolls, and who by them to'^'ecretary's"'*
are excused from mustering on days of muster, and the reasons of their '^^'^^^
excuse, on penalty of forfeiting and paying for each neglect five pounds.

[Sect. 13.] And every captain or chiof otlicer in this act mentioned, Each captain,
on or before the first Monday of April next, is hereby enjoined to make oath.'** ™*''*'
solemn oath that he will faithfully discharge the trust b}' this act reposed
in him and the duties hereby enjoined him, according to the best of
his skill and understanding, on penalty of forfeiting and paying five
pounds.

[Sect. 14.] This act to be and continue in force for the space of Umitotion.
two years from the first day of March next, and no longer. \_Passed
January 25 ; published January 26, 1758.

CHAPTEK 19.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON SPIRITS
DISTILLED AND WINE, AND UPON LIMES, LEMMONS AND ORANGES.

We, his majesty's most loyal and dutiful subjects, the representatives Preamble,
of the province of the Massachusetts Ba}, in general court assembled,
being desirous to lessen the i)resent debt of the province, have chear-
full}' and unanimously granted, and do hereby give and grant unto his
most excellent majesty, for the end and use above mentioned, and for
no other use, an excise upon all rum and other spirits distilled, and
upon all wines whatsoever, and upon lemmons, limes and oranges, to
be raised, levied, collected and paid in manner and form following : —

And be it accordingly enacted by the Governoiir, Council and House
of Representatives,

[Sect. 1.] That from and after the twenty-fifth day of March, one Time of this
thousand seven hundred and fifty-eight, and until the twentv-sixth ^0^5*^*'°'''''^
day of March, one thousand seven hundred and fifty-nine, every person
already licenced, or that shall be hereafter licenced, to retail rum or
other spirits distilled, or wine, shall pay the duties following: —

For every gallon of rum and spirits distilled, eightpence.

For every gallon of wine of every sort, twelvcpence.

For every hundred of lemmons or oranges, eight shillings.

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

And he it further enacted,

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

56 PiioviNCE Laws.— 1757-58. [Chap. 19.]

sixth clay of March next, take a just and true account, in writing, of all
wine, rum and spirits distilled, and of all limes, lemmons and oranges
then by him or her, or in his or her possession ; and that every person
who shall be hereafter licenced to be taverner, innholder, common
victualler and retailer of wine, rum or spirits distilled, shall take a like
account of all wine, rum and other spirits distilled, and of limes,
lemmons and oranges by him or her, or in his or her possession, at the
time of such licence granted ; and that every taverner, innholder, com-
mon victualler and retailer of rum or other spirits distilled, or wine,
shall make a fair entry, in a book by them respectively to be kept for
that purpose, of all such rum or other spirits distilled, or wine, as he or
she, or any person or persons for him or her, shall buy, distill, take
in or receive after such first account taken, and when and of whom the
same was bought and taken in ; and at the expiration of every half j-ear
shall take a just and true account how much thereof then remains b}-
them ; and shall, in writing, under their hands, render to him or them
that shall collect the duties aforesaid the whole of those several accounts,
and shall also make oath, in the form following, before such collector
or collectors, who are hereby impowered to administer the same : —

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

'"''■'^- of your knowledge, a just and true account of all the wines, rum and dis-

tilled spirits, limes, lemmons and oranges you had by you, or in your pos-
session, on the twenty-sixth day of March, one thousand seven hundred and
fifty-eight, and also of all the wine, rum and other distilled spirits bought,
distilled, taken in or received by you, or bv any person or i^ersons for or
under you, or by or with your knowledge, allowance, consent or connivance,
and that there still remains thereof in your possession unsold, so much as is
in this account said to remain by you unsold ; and that you do not know or
l)elieve that there hath been by"^you, or by any other person or persons
for or under you, or by your or their order, allowance, consent or conniv-
ance, cither directly or indirectly, sold, used or consumed any wine, or any
liquor for, or as, wine ; any rum or distilled spirits, or liquor for, or as, rum
or distilled spirits ; or that there hath l^een any limes, lemmons or oranges
by you, or by any person or persons for or under you, or by your order,
consent, allowance or connivance, used or consumed in making puuch, or
otherwise, since the said twenty-fifth day of March, besides what is cou-
taincil in the account by you now rendered. So help you God.

Penalty for col- — anj cvcry collcctor of the excise who shall receive any account from
nc'loiinu wiii"'^ any person in consequence of this act, without their making oath to the
oiuo;iUi. same as aforesaid, shall forfeit and pay Ibr the use of this government

the sum of twenty pounds,
onthiobe [SiccT. 3.] And for every person that was not licenced on the same

^'"^'''" ■ twenty-sixth day of March, the form of the oath shall be so varied, as

that instead of expressing the day aforesaid, the time of taking and
rendering their last account shall be inserted and used ; and for every
person rendering an account after the first, the oath shall be so varied,
as that instead of expressing the day aforesaid, the time of taking and
rendering their last accounts shall be inserted and used.
DiiiiiH t<. bo rSccT. 4.1 And cvcrv such taverner, innholder, common victual-

cuikotor. ler and retailer shall pay the duties aforesaid to him or them that sliall

collect the same, or the whole of the several articles mentioned in such
account rendered, save only for such part thereof as remains in their
Ton per cunt hands unsold: provided, nevertheless^ that for leakage, &c., ten per
u.uJj^g^I/'"" cent shall be allowed them on all li(iuors in such account mentioned,
bcsidt s what remains in their hands unsold.
And be it farther enacted,
v^'aiv^'botv)*''' [Skct. .').] That every person hereafter licenced to be a taverner, inn-
joldor common v'etuaUer or retailer of any wine, 'uru or spirits distilled

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

shall, within thirty days after such licence granted, and before he or
she sell by virtue of the same, not only become bound to keep good
rule, &c., as by law is already required, but shall also become hound,
with suflicient sureties, by way of recognizance, to his majesty, for the
use of this government, in a sullicient sum, to be ordered by the court
that grants the licence, which sum shall not exceed three hundred
pounds nor be less than fifty pounds, conditioned that they shall ivccp
and render the accounts aforesaid, and pa}' the duties aforesaid, as in
and b}- this act is required.

And be it farther enacted,

[Sect. C] That ever}* such taverner, innholder, common victualler Forfeiture for
and retailer, who shall neglect or refuse to take, keep and render such jll^fam^ n-n'ieri
accounts as by this act arc required, or that shall neglect or refuse ""g account.
to take the oath aforesaid, shall forfeit and pay, to him or them
that shall collect the duties aforesaid, double the sura which the court of
general sessions of the peace in that county shall adjudge that the duties
of excise upon the liquors, limes, lemmons and oranges by such tav-
erner, innholder, common victualler or retailer, or b}' an}' for or under
him or them, sold, used or consumed would have amounted to ; and no
persons shall be licenced by the justices of the general sessions of the
jjeacc who have not accounted with the collector, and paid him the excise
aforesaid, due from such person at the time of his or her taking or
renewing such licence.

Atid tvhereas, notwithstanding the laws made against selling strong n-eambie.
drink without licence, many persons not regarding the penalties of
said acts, do receive and entertain persons in their houses, and sell
great quantities of spirits and other strong drink, without licence ; by
reason whereof great debaucheries are committed and kept secret, and
such as take licences and pay the duties of excise therefor are greatly
wronged, and the government thereby defrauded, —

Be it therefore enacted^

[Sect. 7.] That if any distiller, importer or any other person what- Forfeiture for
soever, after the said twenty-fifth day of March, shall presume, 'rJenLe.'"'""""
directly or indirectly, to sell any rum or other distilled spirits, or wine,
.n less quantity than twenty-five gallons, or any l^cer, ale, cyder, perry
or other strong drink, in any quantity less than ten gallons, without
licence first had and obtained from the court of general sessions of
the peace in that county, recognize in manner as aforesaid, shall for-
feit and pay for each olfence. tlie sum of four pounds, lawful money,
and costs of prosecution, two thirds for the use of the government
^nd the other third for the prosecutor ; and all such as shall neglect or
refuse to pay the fine aforesaid, shall stand closely committed in tlie
common goal of the county, and ni)t have the liberty of the goalor's
house or yard, until said sum of four pounds is paid, witli costs; and
any goaler giving liberty contrary to this act, shall forfeit and pay
the said sum of four pounds, to be disposed of in manner aforesaid,
and costs of prosecution.

And whereas, in order to elude the design of this act, some persons
may join together and buy wine, rum, brandy and other spirits (listilled
in quantities above twenty-five gallons, and afterwards divide the same
among themselves in lesser quantities, —

Be it therefore enacted,

[Sect. 8.] That where two or more persons, not licenced as afore- Persona not
said, shall join together, and purchase rum, brandy or other spirits loget^lc'Hn'pu?-
distilled, or wine, or shall employ any other person not licenced as Hiasin? liquors
aforesaid to do it, and shall afterwards divide the same, or cause it to same, iiabie'to a
be divided among themselves, or otherwise, in lesser quantities than ^"'■'"'^""■■f.
twenty-five gallons, they shall be deemed and taken to be sellers of

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

such rum, brandy and other distilled spirits and wine, and each and
every of them shall be subject to the same pains, penalties and
forfeitures as an}' person by this act is who shall sell rum or other
spirits distilled, or wine, witliout licence first had and obtained.

And ivhereas some doubts have arisen whether the lending or deliver-
• ing rum, brandy or other spirits distilled, or wine to others for their
use, upon agreement or in confidence of iiaving the like liquors returned
again, be a sale thereof; wherefore, for removing all such doubts, —
Be it enacted,
LiqnorB lent or [Sect. 9.] That all rum, brand}' and other spirituous liquors and
above consid- ** wiuc, lent Or delivered to others for their use, upon such like considera-
eration, tobe tion, is, and shall be deemed and taken to be, an absolute sale thereof.
And that every person not licenced as aforesaid, that shall order, allow,
permit or connive at the selling any rum, brandy or other distilled spirits,
or wine, contrary to the true intent and meaning of this act, by his or
their child or children, servant or servants, or any other person or per-
sons in or belonging to his or her house or family, shall be deemed and
taken to be the seller of such liquors, and be subject to the aforesaid .
pains and penalties provided against such offenders, and shall be
recovered in like manner : provided., that if it shall be made appear that
the liquors lent or delivered as aforesaid, shall have had the duties paid
upon them, or were purchased of any person or persons having licence
or permit;, the person lending or delivering the same, as aforesaid, shall
not be subject to the aforesaid pains and penalties.
Preamble. ji^d lohereas (WvQVB other persons than those licenced to sell rum and

other distilled spirits by retail, have heretofore supplied persons em-
ployed by them in the fishery, building vessels, and in other business,
with rum and other liquors, without paying any excise thereon, and
thereby have defrauded the government of the duty of excise, and have
not been subject to the penalty provided by law against selling drink
without licence, and the same practice will probably be continued,
unless effectual care be taken to prevent the same, —
Be it therefore farther enacted,
ncenHcd su' 1 ['Skct. 10.] That all persons not licenced, as aforesaid, who hereafter
inij tboHe em. shall, by tlicmselvcs, or by any other person or persons under them, or
Prl'tlic'nsLry,'" "^3' their order, allowance or connivance, supply any person or persons
&c., with spirit- employed by them in the fisher}', building of vessels, or in any other
bo"fccmcd"' ° busincss or employ, with rum or other distilled spirits, or wine, shall
Beiiers. \yQ deemed and taken to be sellers of such I'quors, and be subject to

the aforesaid pains and [)enalties provided against persons selling any
of tlie liquors aforesaid without licence, which shall be recovered in like
manner, unless they make it appear that such wine, rum or other dis-
tilled spirits, was purchased of a taverner, innholdtr or retailer, or other
person or persons that had licence or permit to sell the same.
And be it further enacted,
Mi'ni<T.!ni'fo'r [Skct. 11.] That when any person shall ])e charged with selling

conviction. Strong driiik without licence, one witness produced to the satisfaction

of the court or justice before whom the trial is, shall be deemed sufli-
cient for conviction. And when and so often as it shall be observed
that there is a resort of persons to houses suspected of selling strong
drink without licence, any justice of the |)eace in the same county, shall
have lull power to convene such persons I)efore hiui, to examine them
upon oath coneerning the persons susjiccted of selling or retailing
strong drink in such houses, out-houses or other dependencies thereof;
and ir upon examining such witnesses, and hearing the defence of such
suspected persons, it shall appear to the justice there is sullicient |)roof
of the violation of this act by selling strong drink without licence,
Judgment may thereupon be made up against such person, and he shall

[3d Sjiss.] PiiOViNCE Laws. — 1757-58. 59

forfeit and * in like manner as if process had been commenced by bill,
plaint or information before the said justice ; or otherwise such justice
may bind over the person suspected, and the witnesses, to tlie next
court of general sessions of the peace for the county where such person
shall dwell.

And be f further enacted,

[Sect. 12.] That when and so often as any person shall be charged Penalty for scii
with selling strong drink without licence to any negro, Indian or Jo^no^roc^s'^'^'''''
mollato slave, or to any child or other ijerson under the age of dis- muiauoe8,'&c.
crction, and other circumstances concurring, it shall appear to be highly
probable in the judgment of the court or justice before Avhora the trial
shall be, that the person complained of is guilty, then, and in every
such case, unless the defendant shall acquit him- or herself upon oath
(to be administred to him or her by the court or justice that shall try
the cause), such defendant shall forfeit and pay four pounds, one third
to the informer, the other two thirds to the collector of excise for the use
of the government, and costs of prosecution ; but if the defendant shall
acquit him- or herself upon oath as aforesaid, the court or justice may
and shall enter up judgment for the defendant to recover costs.

And be it further enacted,

[Sect. 13.] That if any person or persons shall be summoned to Penalty on per-
appear before a justice of the peace, or the grand jury, to give evidence g^TOevfuouce.^"
relating to an}' person's selling strong drink without licence, or to appear
before the court of general sessions of the peace, or other court proper to
try the same, to give evidence on the trial of any person informed
against, presented or indicted for selling strong drink without licence,
and shall neglect or refuse to appear, or to give evidence in that behalf,
every person so offending shall forfeit the sum of twenty pounds and
cost of prosecution ; the one half of the penalt}- aforesaid to be to
his majesty for the use of the province, and the other half to and
for the use of him or them who shall sue for the same as aforesaid.
And when it shall so happen that witnesses are bound to sea before the
sitting of the court where any person or persons informed against, for
selling strong drink without licence, is or are to be prosecuted jor the
same, in every such case, the deposition of any witness or witnesses, in
writing, taken before any two of his majesty's justices of the peace,
quorum umis, and sealed up and delivered into court, the adverse party
having first had a notification, in writing, sent to him or her of the time
and place of caption, shall be esteemed as sufficient eviilence, in the law,
to convict any person or persons offending against this act, as if such
witness or witnesses had been present at the time of trial, and given
his, her or their deposition viva voce; and every person or persons
yho shall be summoned to give evidence before two justices of the
peace, in manner as aforesaid, and shall neglect or refuse to appear, or
to give evidence relating to the facts he or she shall be enquired of, shall
be liable and subject to the same penalt}' as he or she would have been
b}' virtue of this act, for not appearing, or neglecting or refusing to
give his or her evidence before the grand jur}' or court as aforesaid.

And be it further enacted,

[Sect. 14.] That all fines, forfeitures and penalties arising by nowfmesareu
this act shall and ma}' be recovered b}- bill, plaint or information, i^e recovered,
before any court of record proper to tr}- the same ; and, where the sum
forfeited doth not exceed four pounds, by bill, plaint or information
before any one of his majesty's justices of the peace in the respective
counties where such offence shall be committed : which said justice
is hercb}' impowered to try and determine the same. And said justice
shall make a fair entry or record of all such proceedings : saving always

* The word " pay," evidently cimitted. t The word '" il," evidnitly oiiiittfd.
[Both these words are in the bill, and the latter is in the recorded act.]

Pkovince Laws. — 1757-58.

[Chap. 19.]

Collector to set-
tlu accounta.

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

to any person or persons who shall think him-, her- or themselves
aggrieved by the determination of the said justice, liberty of appeal
therefrom to the next court of general sessions of the peace to be holden
within and for said count}', at which court such offence shall be finally
determined : provided, that in the same appeal the same rules be
observed as are already required, by law, in appeals from justices, to the
court of general sessions of the peace : saving, only, that the recognizance
for prosecuting the appeal shall be eight pounds.

Be it further enacted,

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

And be it farther enacted,

[Sect. 1G.] That there be one or more collectors in each county
appointed by the general court, or by the court of general sessions of
the peace, where it shall happen that such collector refuse to accept
said office, or be removed by death or for mismanagement, to take
charge of this duty of excise, who shall have power to inspect the houses
of all such as are licenced, and of such as are suspected to sell with-
out licence, which collectors shall be upon oath to take care of the exe-
cution of this law, and to prosecute the breakers of it.

[Sect. 17.] And every collector of the excise in any county may
substitute and appoint one or more deputy or deputies under him, upon
oath, to collect and receive the excise aforesaid which shall become due
in said county, and pay in the same to such collector, which deputy
and deputies shall have, use and exercise all such powers and authorities
as, in and by this act, are given or committed to the collector for the
better collecting the duties aforesaid, or prosecuting offenders against
this act ; for the doings of which deputies, the collectors, respectively,
shall be accountable.

[Sect. 18.] And the said collectors shall carefully examine the
accounts of every licenced person in their respective counties, and
deraaiul, sue for, and receive the several sums due from them by this act,
and shall give in an account under their hands, of the particular sums
they receive, together with the names of the persons of whom received,
unto the treasurer upon oath ; which oath the treasurer is hereby impow-
ered and directed to administer in the words following ; viz., —

Form of the
oath.

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

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

Collectors to [Sect. 19.1 And at the time of receiving any money, the said col-

ifivc two rccclpto df %/ *' '

for .v.rv Bum Icctor shall givc two receipts, of the same tenor and date, mentioning
received. what sum or suras they liave received from any taverner, innholder,

common victualler or retailer ; one of which receipts to be by the said
taverner, innholder, common victualler ok retailer returned to the court
of general sessions of the peace within their respective counties, at
the next session of such court, and the clerks of the said court shall,
within twenty days after receipt thereof, transmit the same to the
treasurer or receiver-general.

[Skct. 20.] And siu-h collectors shall pay into the public treasury
of this province all such sums as they shall receive within six months
from the date of their coinniissiou, and so from time to time within
the space of six months, as long as they shall continue in such offlce,

[3d Sess.J Province Laws. — 17r)7-58. " g]

on pain of forfeiting the reward given such collectors by this act, who Collectors' fees,
shall be allowed, in the county of Suffolk, one and a half per cent ;
in the county of Essex and Middlesex, and Plymouth, two per cent,
and in the other counties, three per cent on all money by them col- Bond to bo
lected and paid into the treasur}', as aforesaid: each collector, before f 'y."" '", "'"
he enter into the said office to give bond, for treble the sura that it ticbicMhu Mim
was farm'd for, in the respective county, the last year, to the treasurer w^ farmed fur.
of this province, for the time being, and his successors in said office,
with sufficient sureties, for the faitiifiil discharge of his dut\-, and that
ho will duly pay in the money that he shall collect, to the treasurer of
the province, for the time being; which bond shall be executed before
the next court of general sessions of the peace in the respective coun-
ties after such appointment, where the said collectors live, and be trans-
mitted to the treasurer of the province b}- the clerk of the peace within
such county, within three months after the bond is executed ; and the
said treasurer shall put in suit the bonds of all such collectors, who
shall neglect to make due payment within thirt}' daj's after either of
the times of payment.

And be it further enacted,

[Sect. 21.] That in case any collector of the excise as aforesaid, Penalty for coi.
or his deputy, shall, at any time during their continuance in said de^juUc'a'^offend-
office, wittingly and willingly connive at, or allow, any person or persons j"g-
within their respective divisions, not licenced by the court of general
sessions of the peace, their selling any wine, rum or other liquors by
this act forbidden, such collector or deputj^, for eveiy such offence,
shall forfeit the sum of fifty pounds and costs of prosecution ; one
half of the penalty aforesaid to be to his majest}' for the use of this
province, the other half to him or them that shall inform and sue for
the same, and shall be thenceforward forever disabled for serving in
said office : saving, that said collector may give a permit to any person to
sell rum or other spirits distilled, or wine, in quantity from twent3'-flve
gallons and upwards, agreeable to this act.

Provided, ahcaj/s, and it is the true intent and meaning of this act, —

[Sect. 22.] That if any taA'erner or retailer shall sell to any other Proviso,
taverner or retailer any quantity of whatsoever distilled liquors and
wine, such taverner or retailer, selling as aforesaid, shall not be held to
pay such duty, but the taverner or retailer who is the purchaser shall
pa}' the same ; and the seller as atbresaid, shall and hereby is required
to deliver to the collector of this duty, a true account of such liquors
sold as aforesaid, and to whom sold.

And to the end that the revenue arising from the excise upon spiritu-
ous liquors may be increased and raised with more equality, —

Be it enacted,

[Sect. 23.] That from and after the twenty-fifth day of Marcii, Duties to be
one thousand seven hundred and fifty-eight, to the twenty-sixth dav of 1!!^',',' '''":'';,"' I,
March, one thousand seven hundred and fifty-nine, upon all rum and ciornianu-
other distilled spirits, and all wine, imported and manufactured, and sold ^''"'"'■'^'^•
for consumption within this province, there be laid and hereby is laid
the duty of excise following ; viz., —

For ever}' gallon of rum and spirits distilled, eightpence ;

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

And be it further enacted,

[Sect. 24.] That every person that shall import any of the liquors Liquors not to
aforesaid, or to whom any of them shall or may be consigned, shall be |^nponerf&c®
and hereby is prohibitetl from selling the same, or any part thereof, without a per
without having a permit so to do from the collector of excise, or his ""''

Provixce Laws.— 1757-58. [Chap. 19.]

Proviso.

Collector npply-
i'lt; to a justice
lor a warrant,
may search for
li(iu<)r8 8up-
jjosc'd to 1)0
couccalcd.

deputy ; which permit shall be had and procured before the landing of
such liquors. And ever}- person distilling or manufacturing any of the
said liquors, and every person owning or possessing anj' of tjiem,
excepting such as are or may be licenced by the court of general
sessions of the peace, as aforesaid, shall be and herebj' are prohibited
from selling the same, or any part thereof, without having a permit so
* do from Uie collector of excise, or his deputy, on forfeiture of two
hundred pounds, and of the value of the liquors so sold ; and the said
permit shall express the particular shop, warehouse, or distil-house
where the said liquors shall be permitted to be sold, and if any per-
son who shall have such permit shall sell and deliver, or cause to be
sold and delivered, any of the liquors aforesaid from any place or
places not mentioned in such permit, he shall forfeit four pounds, to be
paid, one third to the prosecutor, and the other two thirds to the col-
lector, for the use of this government.

Provided^ nevertheless^ —

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

And he it further enacted.,

[Sect. 2G.] That if the said collector or his deputy, shall have informa-
tion of any place where any of the liquors aforesaid shall have been sold
by any person not having permit, as aforesaid, he may apply to any jus-
tice of the {ieacc within the county, for a warrant to search such place,
and said justice shall grant such warrant, directed to some proper o(R-
ccr. upon said collector or deputy's making oath that he hath had inforin-
;ition as aforesaid, and that he hath just cause to suspect that the
liquors aforesaid, or some of them, have been sold at such place informed
of as aforesaid, and having such warrant, and being attended by such
officer, the said collector, or his deputy, may, in the day-time, between sun-
lising and sun-setting, demand admittance of the person owning or
occupying such jilace, and upon refusal, shall have right to break open
.said place, and finding such liquors, may seize and take the same into
his own custody ; and the collector aforesaid, or his deputy, shall be and
hereby is impowered to command assistance and impress carriages
necessary to secure the liquors seized as aforesaid ; and any persons
refusing assistance or preventing said officers from executing their
office, sliall forfeit five pounds to his majesty, for the use of the prov-
ince ; and the said collector, or his deputy, shall make reasonable satis-
faction f >r tlie assistance alforded. and carriages made use of, to secure
the liquors seized as aforesaid ; and the collector, or his deputy, shall then
file an information of sucli seizure in the inferiour court of common pleas
for the county wiierein such seizure shall be made: which court shall
summon tlie owner of sucii liquors, or the occupier of the shop, iiouse,
warehouse or distil-liouse wliere the same were seized, to ap[)ear and
sliew cause, if any he liatli, wiiy the said liquors so seized should not be
adjudged forfeited ; and if such owner or occupier shall not shew cause
as aforesaid, or make (l(>fault, tlie said liquors shall be adjudged for-
feited, and the said court siiall order thein to he sold at public vendue, and
the neat produce of such sale shall be paid, one third to the prosecutor,
the other two thirds to the collector, for the use of this government.

• Tlio word " to," omiltcd; it ai)[)cars iu tbo recorded aot.

[3d Sess.] Province Laws.— 1757-58. 68

Provided, —

[Sect. 27.] That if the .liquors seized as aforesaid be less in quan- ProvUo.
tity than one hundred gallons, the collector, or his deputy, shall flle an
information thereof with one of the justices of the peace within the
county where the seizure shall be made, who shall summon the owner
or occupier aforesaid in manner as aforesaid, and if such owner or
occupier shall not shew cause, or shall make default as aforesaid, he
shall adjudge such liquors forfeited, and shall order them to be sold
as aforesaid, and the neat produce of such sale to be disposed of as
aforesaid : saving to the person convicted the liberty of an appeal, he
entring into recognizance to the king, for the use of the province, in
the sum of fifty pounds.

Be it further enacted,

[Sect. 28.] That every person having permit as aforesaid, shall, at Persons having
the end of each half 3'ear, respectively, from the twenty-fifth da}' of F;l^i™toToM,ie'r^'
March, one thousand seven hundred and fifty-eight, be ready to render fhV'Joi'iw!l'r''„t
to the collector aforesaid, or his deputy, an account, on oath, of all the end of every
the liquors aforesaid by him or her, and by an}' person or persons hi'gf^c.'"^'*''^"
on his or her behalf, sold ; and also of all the aforesaid liquors by him or
her imported, distilled or manufactured, or which have come into his or
her possession since the twenty-fifth day of March aforesaid, except the
same were bought of a licenced person in a quantity less than twenty-
five gallons, which in his or her family have been consumed or expended
vyithin each half year, respectively : which account shall express the
number of gallons of each kind of the liquors so sold and consumed,
and shall pay therefor to the said collector or his deputy the duty afore-
said, excepting for so much as shall have been sold to taverners, inn-
holders or retailers having licence from the sessions as aforesaid, or to
any other persons having permit as aforesaid ; and so much as shall have
been exported out of this province ; and if any of said liquors shall
have been sold to persons licenced by the sessions, or to persons hav-
ing permit, said account shall exhibit the names of such licenced per-
sons who purchased, and persons having permit, and the time when they
purchased the same ; and the person accounting shall exhibit a certifi-
cate under the hand of the licenced or permitted person purchasing,
which shall express the number of gallons, and the kind of the liquors
purchased, and the time when the same was purchased, and the name
of the town and county wherein such licenced or permitted person lives,
and shall lodge the said certificate with the said collector or his deputy ;
and for the quantity of said liquors mentioned in such certificate, the
said collector or his deputy shall not demand any duty, but shall deliver
said certificate to the collector of the county wherein such licenced or
permitted persons, signing the same, lives : which last-mentioned collector
or his deputy shall settle with such licenced or permitted person for the
duty aforesaid which may be due from him or her.

[Sect. 29.] And if any person, having a permit as aforesaid, shall Persons haying
ship or export any of the liquors aforesaid out of this province in a said, to give an
quantity not less than sixty gallons, and shall make a fair entry thereof i'i"J',"r"'i^y them
with the collector aforesaid, or his deputy, and shall produce to such scut out of the
collector or his deputy, when he comes to settle his account of excise, one P'"°^'°'=*^
of the receipts or bills of lading given therefor by (he master of the
vessel on board which such liquors shall be shipped, or if it shall be
carried out of the province by land or in small boats, then of the per-
son who is master of the land-carriage or boat, expressing the quantity
thereof and the time of their being sliipped, and shall lodge such receipt
or bill of lading with the collector or his deputy aforesaid, and at the
same time shall swear that such liquors are bond fide sent, or intended

Province L.nvs. — 1757-58. [Ciiap. 19.]

Persons not
having permit,
to reiulcr an
account. Sec.

Penalty for
mastirs or
otliors giving
ccrlifi(^ate with-
out receiving
tbc liquors.

ProTlso.

Collectors to
give certificate,
on penalty.

Persons npply-
Ini; for a permit,
to give bond.

PcrwonR Import-
Itiif liquors for
prlvuto cou-

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

[Sect. 30.] And if any person not having permit shall purchase
for exportation out of this province any of said liquors in a quantity
not less than sixty gallons of a person having permit, the purchaser
shall make-entry thereof with the collector or his deputy, and at the same
time swear that such liquors are bond fide sent, or intended to be sent,
out of this province, and shall within ten days after the purchase deliver
one of the receipts or bills of lading given for such liquors, as aforesaid,
to the person of whom he purchased the same, or be subject to pa}'^ the
amount of the duty thereon to the i)erson of whom he purchased as
aforesaid, who shall pay such duty to the collector or his dcput}' ; but if
the purchaser aforesaid shall deliver such receipt or bill of lading as
aforesaid, and it be lodged with the collector or his deputy, then, for the
quantity of said liquors mentioned therein, the collector or his deputy
shall not demand any duty.

[Sect. 31.] And if the master of any vessel, or any other person,
shall give such certificate, receipt or bill of lading, without receiving the
liquors mentioned therein ; or if any person shall procure such certifi-
cate, receipt or bill of lading, with design to defraud the government,
and shall be thereof convicted, they and each of them shall forfeit
and pa}' the sum of one hundred pounds ; two thirds for the use of
this government, and the other third for the use of the prosecutor.
And if any such certificate, receipt or bill of lading shall be forged,
counterfeited or altered, the person forging, counterfeiting or altering
shall incur the penalty of one hundred pounds.

Provided^ nevertheless, —

[Sect. 32.] That the person having permit as aforesaid, shall not
sell any of the liquors aforesaid in a quantity less than twenty-five
gallons (to be sold and delivered to one person at one time), unless he
or she hath licence from the court of general sessions of the peace, as
aforesaid, on pain of incurring the several fines and penalties in the
former part of this act laid upon those persons who sell the liquors
aforesaid without licence.

Be itfuHher enacted,

[Sect. 33.] That the collector aforesaid, or his deputy, when the
exporter shall make an entr}' with him as aforesaid, or shall make an
entry with him and swear as aforesaid, shall give to said exporter a
certificate of such entry, or a certificate of such cntiy and oath, on
penalty of one hundred pounds for the use of the exporter.

And he it further enacted,

[Sect. 31.] That every person applying to the collector or his
deput}-, or to the impost ofliccr or his deputy, for a permit, shall give
bond, for the use of this province, wilh two sulllcient sureties, in a sum
not exceeding two hundred pounds, nor less than twenty pounds, at the
discretion of the two next justices of the peace, conditioncil for the pay-
ment of the excise that shall become due according to the account to
be exhibited by such per>i()n taking such permit; and no person shall
have sucli permit of the impost oflicer until he hath given such bond.

And v:herpas the importer of any of the liquors aforesaid, (^r the
person to whom they shall be consigned, may intend the same for his
or her own private cjiisuinptiou. in which case such importer or con-
signee is not hold by any i)receeding part of this act to pay the duty or
excise aforesaid ; wheiefoio, in order to la}' said duty or excise in as
equal manner as may be, —

lie it enacted,

[Sect. 35.] That every person that shall bring or import into this
province, either by land, or water, carriage, any of the liquors afore-

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

said for his own private consumption, shall, at the end of each half eumption, &c.,
year, respectively, make out an account expressing the kind and full ItcmnuThereof
quantity of the liquors aforesaid, imported or consigned as aforesaid ;.to the collector,
which account such importer or consignee shall render to the collector
or liis deputy, on oath, and shall pay to the said collector or his deputy, *

on the liquor or liquors mentioned in said account, the duty or excise
aforesaid, deducting ten per cent for leakage, or pay treble duty or
excise on the quantity so imported or consigned, to and for the use of
the province.

[Skct. 36.] And if said collector or his deputy shall have reason to Collector may
suspect any person of bringing or importing into this province, either for^aVu"ii".f'*'*
bv land, or water, carriage, anv of the liquors aforesaid, without luivinor v Iktu lu- may
rendered account and paid the duties or excise as aforesaid, the said givinirafaise
collector may apply to any justice of the peace within the county where account, &c.
the suspected person lives, for a warrant or citation ; and such justice
is hereby impowered and required to cite or apprehend such suspected
person to appear before him within twentj'-foiir hours on a complaint
made against him or her by the collector or his deputy touching the duty
or excise aforesaid ; which warrant or citation shall be served on or
delivered to the suspected person himself or herself; and when the
parties shall be before him, the said justice shall examine into the
cause of complaint ; and if it shall appear, either b}' confession of the
party, or by the evidence of one credible witness, that such suspected
person has, by him- or herself, or by any one on his or her behalf,
imported, or has had any of the liquors aforesaid consigned to him or
her, without having rendered an account thereof, or paid the dut}' or
excise as aforesaid, such suspected person shall then render a full
account, on oath, of the kinds and qualit}' of the liquors imported or
consigned as aforesaid, and shall pa}- on such liquors treble dutj- or
excise as aforesaid, one third for the use of the prosecutor, the other
two thirds for the use of this government, and costs.

[Sect. 37.] And said justice is hereby impowered to make up judg-
ment and award execution accordingly' : provided the said treble duty
exceed not four pounds ; but if such duty exceed four pounds, then
such justice shall bind the offender to answer his offence at the next
court of general sessions of the peace for the county where the offence
was committed, and such offender shall enter into recognizance, with
two sufficient sureties, to answer for his offence, in the sum of fifty
pounds ; and any persoh or persons upon refusing to render such
account and paying as aforesaid, shall forfeit fift}' pounds, one third
for the use of the prosecutor, the other two thirds for the use of this
government, in lieu of such treble duty, to be recovered as is hereafter
provided in this act.

[Skct. 38.] And if no confession be made by such suspected per-
son, and no evidence produced as aforesaid, he or she shall then clear
him- or herself from the complaint aforesaid, b}' taking an oath in the
form following ; viz., —

You, A. B., do swear that you have not, directly or indirectly, either by your- Form of th«
self, or any person on your behalf, imported into this province any rum or """'•
spirits distilled, or wine, and that you have not had any of said liquors directly
or indirectly consigned to you, but what you have jjaid the dutv or excise
upon, according to an act of said province, made in the tliirty-lirst year of
his majesty's reign, intitled " An Act for granting unto his majesty an excise
upon spirits distilled, and wine, and upon limes, lemmons and oranges."
So help you God.

— which oath the said justice is here!)}- impowered and required to
administer.

Province Laws. — 1757-58.

[Chap. 19.]

Penalty for
refusing to take
the oath.

Collector to
praiit a permit,
on penally.

[Sect. 39.] And if such suspected person shall refuse to take said
oath, and shall neglect to appear upon the citation aforesaid, he or she
shall pay the cost of citation, and shall forfeit the sura of fifty pounds,
one third for the use of the prosecutor, the other two thirds for the use
of this government, and costs of prosecution ; but if such sus[)ected
person shall take the said oath, the costs of citation or warrant shall
be paid b}' the collector or his deput}-, respectively, who applycd for
such citation or warrant ; who shall also pay to the person cited or
apprehended, and taking said oath, the sum of twenty shillings.

A7rd be it further enacted,

[Sect. 40.] That the collector, or his dei)uty, shall be and hereby
is obliged to grant a permit, under his hand, to every person ap[)ly-
ing for the same, on penalty of two hundred pounds, to and for the use
of the person making application ; which permit shall be in the form
following ; viz., —

Form of the
permit.

Collector to
keep an oflace in
each seaport
town, &c.

Preamble.

PorBons Import-

tnit IkiiinrH UH
nforeHdIil, to
give bund.

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

aforesaid, until the day of • , one thoasanl seven lur.idrod

and fifty- , pursuant to an act of this province, made in thn thirty-!irst
year of his majesty's reiirn, iqtitlcd " An Act for grantins^ unto his majesty an
excise upon spirits distilled, and wine, and upon limes, lemmons and or-
anges." Dated at C, this day of ,17.") .

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

And for such permit the said collector or deputy shall be entitled to
receive twopence, and no more ; and the like sum for an entry mnde
with him, and the like sum for a certihcate given b}' him.

And he it farther enacted,

[Sect. 41.] That the collector of excise, either l)y himself or his
doi)uty, shall keep an olfice in each seaport town within his county,
where he or his deputy shall give his attendance on every Thursday,
from nine of the clock in the morning to twelve at noon, to grant per-
mits, receive entries, give certificates, &c.

Provided, —

[Sect. 42.] That in the town of Boston such an oHlce shall be
kept, and attendance given on every Monday ami Thursdays, within
the hours aforesaid, of each of said days, respectively.

Provided, also, —

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

And whereas persons not belonging to this province may import the
liquors aforesaid, and take permit to dispose of' the same, and may go
out of the province before tiie time comes aliout when persons selling
said liquors are held to account with the collector, and by that means
may avoid paying tlu^ duty upon what has been so disposed of ; for pre-
venting wlu'l't'Of, —

Be it enacted,

[Sect. 44.] That every person importing the liquors aforesaid, and
applying to the collector or his deputy for a jiennit to sell tlie same,
shali give liond to said collector in a sum not exceeding two hun-
dred pounds, nor less than twenty pounds, at the discretion of the
two next justices of the peace, with sullicient surety or sureties, that
he will render to said collector or his deputy an account, on oath, of
the kind and full quantity of the liquors aforesaid sold by him, or by
any person or persons on his behalf, and that he will pay thereon the
duty or excise aforcsnid before lie leaves the piovincc ; and if such per-
son bhall refuse to give such bond, the said collector or his dei)uty shall

[3d Srss.] Province Laws.— 1757-58. 07

not be obliged to grant him a permit, anything in this act to the con-
trary notwithstanding; and if such person shall sell any of the liquors
aforesaid without permit, he shall be subject to all tlie penalties that
other persons soiling without permit are subject to ; or if such person
shall give bond as aforesaid, and shall leave the province before such
bond be discharged, the collector may bring his action on said bond
against the surety or sureties, for the recovery of the sura in such bond
mentioned, which shall be, one third for the use of the prosecutor, the
other two tlilrds for the use of this government.

Be it further enacted^

[Sect. 45.] That all fines, penalties and forfeitures, arising or now fines, &r..,
accruing by any breach of this act, and not otherwise appropriated, "("'^'".^.'jfil,',',"'
shall be, two thirds to his majesty for the use of this government, and Oisposed of.
the other third for the use of the prosecutor ; to be recovered by
action, bill, plaint or information in any of his majesty's courts of
record. \_Passed January 25; published January 26, 1758.

CHAPTER 20.

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

"Whereas the several acts for exempting persons commonly called Preamble.
Quakers and Annabaptists within this province from beinsf taxed for Jlivi^ '"''"p- "•
and towards the support of ministers, are expired, — 3Ur:i.v,:u.

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

[Sect. 1.] That from and after the first day of February next, none Quakers and
of the persons commonly called Quakers or Annabaptists, who alledge a ^"mme^nvotn
scruple of conscience as the reason of their refusal to pay any part or taxes for mi n-
l)ro[)orti()n of such taxes as are from time to time assessed for the sup- ing-h'ousU'."'^''
port of the minister or ministers of any church, set[^]lcd by the laws of
this province, in the town, district, precinct or parish where they dwell,
shall have their poll, or estate real or personal in their own hands and
under their actual improvement, taxed towards the settlement or sup-
port of such minister or ministers, nor for building or repairing any
mceling-house or plac^ of publick worship.

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

Be it further enacted^

[Sect. 2.] That no person in any town, district, precinct or parish Rule for
wiLhin the limits of this government", shall, for the future, be esteemed gcrso'l^a"'""^
or accounted to bo a Quaker, and have hl.s poll or polls, or any estate Quakers, in the

, \ • 111 ■ , ^ f • ^- 11 - ii» sense of tlie law.

to hun or her belonging, exempted irom paying a {)ropoitionable part of
the ministerial taxes that shall be raised therein, but such whose name[s]
shall be contained in a list or lists to be taken and exhibited on or
before the first da}' of Februarv next, and afterwards, during the con-
tinuance of this act, on or before the twentieth day of Julv, annually,
to the assessors of such town, district, precinct or parish, and signed
by three or more of the principal members of that meeting to which he
or the}' belong, who shall therein certify that they verily bcl[ei][i'e3ve
the persons whose names are inserted in said list or lists are really
belonging thei'eto, and are conscien[tJ [c]iously of their perswasion, and

Province Laws. — 1757-58.

[Chap. 21.]

Rule for
(Iriiominating
persona Ana-
tiaptists, in the
Bcnse of the
law.

Limitation.

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

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

Be it further enacted,

[vSect. 3.] That no person in any town, district, precinct or parish
as aforesaid, shall be so esteemed or accounted to be an Annabaptist,
as to have his or her poll or polls, or any estate to him or her belong-
ing, exempted from paying a proportionable part of the ministerial
taxes that shall be raised therein, but such whose names shall be con-
tained in a list or lists to be taken and exhibited on or before the first
day of February next, and afterwards, during the continuance of this
act, on or before the twentieth day of July, annually, to the assessors
of such town, district, precinct or parish, and signed b3' three principal
members of the Annabaptist church to which he or they belong, and the
minister thereof, if any there be, who shall therein certif[ie][?/] that
the persons whose names are inserted in said list or lists are really
belonging thereto, that they verily believe them to be conscien[t][c]i-
ously of their perswasion, and that they do frequently and usually
attend the publick worship in such church on the Lord's da}'.

[Sect. 4.] This act to be in force for the space of three 5-ears from
and after the first day of February, one thousand seven hundred and
fift3^-eight, and no longer. [^Passed January 25 ; published January
26, 1758.

CHAPTER 21.

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

Preamble. WiiEREAS, b}" said act, liberty is given to Samuel Smith, Esq'"'., his

i7r,6.57,chap,3i, ijoirs, &c^''\, to feed a certain number of cattle on the beach and islands
^*' Iherein mentioned, he performing several conditions in the act recited,

1756-07, chap. 31, aiuong wliicli outMs mentioned by w.ny of proviso ; viz"^., "That the
said Samuel Smith, his heirs, executors or administrators, shall and do
make and maiulaiii a good and suflicient fence across the north part of
the island," thcicin mentioned, and into the sea, which article is n>pri'-
senled impracticable to be done; and ichereas the town of Kastham,
togetlier with the said Samuel Smith, have petit ioiieil that the para-
gi-aph relating to said fence, and into the sea, be taken off, —

Be it enacted by the Goveruoxr, Council and House of Reytresenta-
iivea.

That tliat part of the proviso in said act above recited, relative to the
fence aforesaid, l)e and iierehy i>< declared null and void, and no longer
[to] bo esteemed as part of said act during its continuance. \_Passed
January 11 ; published January 26, 1758.

§6.

ClniiBO In Bald
act rendered
void.

[4tu Sess.] Pkovince Laws.— 1757-58. 69

ACTS

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

CHAPTER 22.

AN ACT TO PREVENT BRIBERY AND CORRUPTION.

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

[Sect. 1.] That if any person shall directly or indirectly give or Persons who
engage to pay any sum of moiic}', or other valuable consitleration, to cngagt' a'iiy'^sura
another, in oidor to induce such other person to procure for him bv his of nrjicy, &c.,

.,,.„ ,, ^,, rt, ^, for any office or

interest, influence or any other means whatsoever, any ornce or place place of trust,
of trust within this government, and be thereof convict, shall forfeit a pen^^y!'*
sum not exceeding one hundred pounds, nor less than twent}' pounds,
at the discretion of the court which shall have cognizance of the same,
and be rendered forever after incapable of sustaining any office or
place of trust within this province.

And he it further enacted .,

TSect. 2.1 That if any person shall receive of another any sum of Persons -who

•- -^1 iii-ii- 1^ • shall receive

money, or other valuable consideration, as a reward for procuring, or any sum of
to procure, any office or place of tiust within this government for any money, &c., for

I T J I .iiiin/.- procuring any

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

And for the more easy conviction of such offenders, —

Be it farther enacted,

[Sect. 3.] That if either of the parties offending as aforesaid shall ^,™eocl"ro^'
give information, upon oath, against the other offending part}-, and shall penalties,
iluly prosecute said information, such informer shall be freed from every
the penalties aforesaid.

[Sect. 4.] And all offences against this act shall be heard, tried °?j^"P''.f '". V
and determined before the superiour court of judicature, court of assize coun of aesize.
and general goal delivery ; and all pecuniary penalties accruing thereby
shall i)C. one third thereof to the informer, and the other two thirds to
the province. [^Passed March 25 ; published March 27, 1758.

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

CHAPTER 23.

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

Preamble. "Whereas the proprietors of the meadow and flat ground within the

cove called the Little Harbour, in the township of Hinghani, in the
count}' of Suffolk, in the year one thousand seven hundred and forty, at
a great expence erected a dam at the mouth of said harbour, bv means of
which the same yearly produces a considerable quantity of thatch, but
that a growing charge arises from time to time in keeping the said dam
in repair, and that of letting in and drawing off the water as is nece«-
sar}', and that the same for time to come may be well regulated, and
the charge thereof equally born, —

Be it enacted by the Governo[u'\r^ Council and House of Represent-
atives,
Proprietors That the proprietors aforesaid be and hereby are invested with the

t'iKM»>wV78 Md same powers and privileges of calling and regulating meetings and choos-
piivii.ge.sof ing proper officers, as the proprietors of c.immon and undivided lands
iiig8,"lc. by law are invested with ; and by a major vote of the projirietors, to be

collected according to their interest, may make [such] orders and rules
as they shall judge necessary, touching the repairing or making any
dam or dams and drawing off the water, and grant and raise any tax
or taxes for the defre3ing their necessary charges to be assessed and
levied on the several occupants of such meadow or flatts, in manner as
by law publick taxes are to be levied. {^Passed March 2b ; imblished
March 27, 1758.

CHAPTER 24.

Preamble.

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

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

Be it enacted by the Oovernn[_u']r, Council and House of Represcnta-

tiv'S,

Rmharcoonnii [Sect. 1.] That uo vessol[l] sliall Sail or depart from any port or

fir"i of .Vunel'on otlicr placo of tliis proviiicc out of it, 'till the fn-.st day of June next

peimiiy. wilhout Icavc lirst obtained from liis excellency the governo[/<]r, with

the advice of his majesty's council ; and if any vessel[l] shall sail or

depart to any port or place out of said province witlitMit leave Hrst had

and obtained as aforesaid, the masti'r of every vessel[l] so de|»arting

shall forfeit and pay the sum of two hundri'd ponntls ; and the owner or

owners (jf every vessel [1] so de|)arting shall forfeit untl pay the sum of

two hundred pounds, and the said last-mentioned forfeiture shall and

may be recovered from any or cither of the owners of such vesscl[l],

where more tiian one person shall be interested.

And be it fiuihcr oiartcd,

Non-iiing [Sect. 2.] That no fishing vcs.scl[l] shall depart out of any port or

to tiio'ixinkii of l^laco of this province to the banks of Newfoundland or any other of the

Nrwrn»,Hii.md i,;,„i<s before the said lirst dav of June next without leave first had and

till llii> xillil llr«t .-111' n ' \ • irn

of June. obtamed as aloresaid ; and the owner or owners of any iishuig vesscl[l

[4tii Sess.] Province Laws.— 1757-58. 7]

that iiKiy depart, contrary to the true intent and meaning of this act,
isliall Ibi feit and pay the like sum of two hundred pounds : saving, only eaving.
such small vessel [l]s or boats as ma}' be employed in catching of fish,
and tliat shall not be absent more than six (lays at a time, extraordi-
nary casualties excepted ; the aforesaid penalties to be recovered by
bill, plaint or inlbrniation before any of his majesty's courts of record
within this province.

And be itfurtlwr enacted,

[Sfxt. 3.] That a'l forfeitures by this act shall be, one half to his ForfiiturcB,
majesty, to be paid into the province treasury for the use of this prov- po^d'of." *
ince, tlie other half to him or them that shall inform and sue for the
same.

And he it farther enacted,

[Skct. 4.] That it shall and maybe lawful for the governo[(»]r. Power to take
with the advice of the council, at any time before the said first day of eaid'emba'rgc).
June next, to take off said embargo, or to extend it be^'ond said time
not exceeding tlie twenty-second day of June next, under the same
penalties, if liis majesty's service will permit the one or shall require
the other. [^Passed March 25 ; published March 27, 1758.

CHAPTEE 25.

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

Be it enacted by the Governo[xi]r, Council and House of Represent-
atives,

[Sect. 1.] That when, and so often as, during the continuance of Regular forces
this act, it shall be judged necessary for the defence of his majesty's {h?ou^Jh?he
ilominions or for carrving on measures against his enemies, that any pro^i'ice. to be

*' ■ •/ proviclod witD

of his majesty's regular forces should march througli any of the towns quarters, &c.
or distiicts within this province, ever}' taA'crner or innhokler within
such town or district, the taverners or innholders within the town of
Boston only excepted, shall rec[ie][ei]ve and entertain within their re-
spective houses and outhouses as man}- of such forces as Can tliercin be
rec[ie][et]vcd and accom[m]odatcd, and shall furnish their horses with
hay ; and if such f jrces shall not be provided with victuals, every such
taverner or innhokler shall furnish them with diet and small beer, pay-
ment or allowance to l)e made therefor as follows ; viz"^'^., for »nc com- Rates of
mission ofliccr of foot, under the degree of a ca[)tain, for his diet and ^"'"■'^"•
small beer, per diem, one shilling sterling ; and if such ofliccr shall have
an horse or horses, for each such horse or horses, for hay and straw,
per diem, sixpence sterling; for each foot soldier's diet and small beer,
sixpence sterling per diem ; and so in proportion for part of a day.

And be it farther enacted,

[Sect. 2.] That upon complaint made to any justice of the peace Complaint mnd«
for any of the counties in this province, respectively, that any taverner i';fv(rMcr',"inn.
or innholder dotli refuse to rec[ie] [r'^'Jvc and entertain any of his holder, &c.
majesty's forces as aforesaid, such justice shall forthwith make enquiry
into the grounds of such complaint, and shall thereupon, within two
hours, ddei'inine and order how many of such forces shall be
rec[ie][r/]ved into the house or outhouses of such taverner or inn-
holder, anil how many shall be furnished with diet and small beer, and
how many horses shall be furnished with hay ; and every taverner or Penalty,
innholder refusing or neglecting to rec[ie][<?/]ve and entertain such and

T2 PiioviNCE Laws.— 1757-58. [Chap. 2G.]

so man}' of the forces, and to provide hay for such and so many horses

as shall be thus ordered, shall for each offence forfeit and pay the sum

of ten pounds sterling.

And be it farther enacted,

Govornor, with [Sect. 3,] That wheu and so often as, during the continuance of

counciV'to"'^^^'^ ^^^'* ^^^1 ^".V ^^ ^^^ majest3''s regular forces shall, for the defence of his

authoii'zc per- dominions or for prosecuting measures against his majesty's enemies,

qu'-iruTi'for his hc Ordered to the town of Boston, it shall and may be lawful for the

in:iicsty'« forces, governofwlr, with the advice of the council, to appoint, authorize or

in the town of P L.-' 'ii'_

Boston. impower an}- person or persons to agree for, take up or impress such

and so many houses and buildings in or near said town of Boston as
shall be judged sufHcient and necessary, together with the bari'acks
ah'eady provided at Castle William, to rec[ie] [eijve and accom[?u]o-
date the whole number of forces that ma}^ be so ordered, and also to
provide such barrack utensils and necessaries as shall be judged reason-
able ; the charge thereof to be advanced and paid out of the public [k]
treasury, and au account thereof to be transmitted to the general of
his majest3-'s forces for a reimbursement, or to the agent of this prov-
ince in England in order to his solliciting the repayment of the same.

Limitation. [Sect. 4.] This act to be and continue in force for three months

from the last day of March, one thousand seven hundred and fifty-eight,
and no longer. [^Passed March 25 ; published March 27, 1758.

CHAPTER 26.

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

Preamble. AViiEREAS, in and b}' an act made and passed this present 3'ear,

i7-,7.58,chap.i8, iiult [u]led " Au Act in addition to the several acts of this province
* ^' fjr legulating the militia," it is, among other things, provided and

declared as follows ; viz"^'^., " that the captain or chief olllcer of each
military foot company shall instruct and employ his company in mili-
tary exercises six days in a year for two years, from the first day of
March next ; viz"^'^., on the second and third Mondays in April, the first
Monday in May, the first Tuesday in June, and the last ^Monday in Octo-
ber, and the Tuesday following such Monday " ; " and that the captain
or chief oUicer of each troop or military company of horse, shall exer-
cise his comi)any four days in each year; vi/.i^'^, the second ami third
Mondays in April, the last Monday in October, and tlie Tuesday next
following the sanu' Monday;" — and whereas the great scarcity of
labourers, which will l>c the natural consequence of raising within this
government so large a body of forces as are proposed to bo raised this
present year, will make it necessary that those which are left be not
called oil' from their lal)our, —

Be it therefore enacted b>/ the Govern<){_ii']r, Council and House of Rej)-

resentatices,

CiipinitiH or [Sect. 1 .] That no captain or chief ollicer of any foot company shall

rx'(mpi..rfrom be held and obliged to call together, instruct or employ, his company*

n.iih.Kth.ir .^^ aforesaid, on the second or third Mondays in April, the lirst IMonday

troops, &c. m May, or the first luesday in June, this present year ; and no captain

or chief olllcer of any trooi) or military company of horse shall be held

and ol)ligcd to exercise his company on the second or third Mondays in

April, this present year ; and no foot soldier nor trooper shall be liable

[4Tn Slss.] PuoviNCE Laws. — 1757-58. 78

to an}' penally for not appearing in arms on either of those days
resiicftivcl}', anything in the act aforesaid to the contrary notwith-
standing.

Provided^ always, and it is Jierebj/ declared, —

[Sect. 2.] That nothing in tliis act shall be construed or under- rroviso.
stood to exempt an}- officer or soklier in horse or foot from the duties
aud penalties in the aforesaid act, in case of an alarm on either of the
da3-s aforesaid. [^Passed March 2o ; published March 27, 1758.

CHAPTER 27.

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

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

Be it enacted by the Governo[ii]r, Council and House of Represent-
atives,

[Sect. 1.] That no person, who is or shall be engaged in his maj- Soldiers and
esty's service, either . as a non-commission officer, private soldier or maiMty's'scr!
seaman, shall, during his continuance therein, be liable to be taken out vice, not Hai.io
of his majesty's service by any process or execution, unless for some ^° earreste .
criminal matter, for any sum under the value of twenty pounds ; nor for
any greater sum until oath shall be made by the plaintiff or plaintiffs. Oath for .iny
before one of the justices' of the court out of which the execution or bcfore'two™**'*
process shall issue, or before two justices of the peace, quorum ^uius, in justices, &c.
the county where the plaintif[/] may happen to be, that to his or their
knowledge there is, bond fide, due from such person as the process or
execution is desired to issue against, twenty pounds at least, and was
due on the first day of March, instant ; and every non-commission offi- Body of sol.
cer. private soldier or seaman, whose body, contrary to the intent of {low "obTdit"*
this act, shall be arrested by mean process or execution after his engag- charged,
ing in said service, may and shall be set at liberty b}' two justices of the
l)eace, quorum zinus, in the county where such non-commission officer,
l)rivate soldier or seaman, is taken, upon application made by him or
liis superior officer, and proof of his being ent[e]red into the service
aforesaid.

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

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

[Si:(jT. 3. J Tliis act to be and continue in force from the twenty- LimitaUon.
seventh day of March, instant, to tbe first day of December next, and
no longer. [^Passed March 25 ; published March 27, 1758.

74 PiioviNCE Laws.— 1757-56. [Chaps. 28, 29.]

CHAPTER 28.

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

rrtambic. Whereas some of the bills or notes issued b}' the company concerned

1 751-55, cbap. 24. jj^ ^^^q |^jg Lancl-Bank or Manufactory Scheme, are yet outstanding:, and
it benig judged necessar}-, in order to an equitable apportionment <)f the
charge of redeeming tbem among the persons who were concerned
therein, that the quantity or sum of the outstanding bills should first be
known and ascertained, —

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

Representatives^

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

!!r.nWac"or'y ^f^'*^ ^liall, somc time before the fifteenth day of June next, bring or

iiiiis (so called), scud such of tliosc bills as are in their possession to the commissioners

(hc'imnoTo'the^ by lav.' api)ointed to adjust and settle the affairs of that scheme ; and the

commissioners, f^'ry\^\ commissioners, or one or more of them, upon receipt thereof, shall

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

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

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

to tlie person or persons so producing them.

Penalty. [Sect. 2.] And cvcry person who, after the expiration of said term,

shall tender or offer in exchange any of the bills or notes issued by that

company, that shall not have been produced as aforesaid to the said

commissioners within the time therefor limited as aforesaid, shall for-

f[ie][ei]t and pay such sum of mone^- as shall, in value, be equal to the

interest grown on the bills that shall be so tendered or ofieied in

exchange at the time when such tender shall be made, one moiety whereof

shall be put in the hands of the said commissioners, and by them be

applied towards the redemption of that company's bills, and the other

moiety to be to him or them who shall inform or sue therefor, and to

be recovered in any court proper to try the same, and that notice be

given in some of the public prints, of the substance of this act, for

three weeks successively next after the publication thereof. \_Fassed

March 25 ; 'published March 27, 1758.

CHAPTER 29.

AN ACT IN ADDITION TO THE ACT, INTITLED "AX ACT FOR (iKAMlNCi
UNTO HIS MAJESTY AN EXCISE UPON sriUITS DISTILLED, AND AVINK,
AND UPON LIMES, LEMMONS AND ORANGES."

Prcnnibio. "NViiEUEAS the pcrsons who are or may be appointed collectors of the

1757.08, clmp. 19. ,i„ii(.s granted l)y the act made and passed in the last .session of the
great and general court, intitk'd " An act for granting unto his majesty
an excise upon spirits distilled and wine, and upon limes, leuunons and
oranges," may import into this province wine, rum and spirits distilled,
limes, lemmons and oranges, or may have the same by consiginnent or
otherwise, and ni.ay kei'i> the same for their own private consumption,
or sell and dispose of the same with licence or permit, in which cases no
sullicient provision is made in said act for securing the payment of tlie
duties arising thereon, —

[4tu Sess.] PiiOViNCK Laws. — 1757-58. 75

Be it therefore enacted by the Govemolujr, Council and House of Rep-
resoitatives,

FSect. 1.1 That every person that has been or may be api)ointccl Collectors of the
collector of the duties aforesaid, who shall import into this province, or to account for
shall have by consignment or otherwise, or shall sell or dispose of any i,',',|,fo"cofN''
wine, rum or spirits distilled, limes, lemmous or oranges, or shall use eumcd by ihom.
or consume the same, such collector shall take, keep and render a like
account thereof upon oath to the province treasurer, who is hereby
impowered to administer the same in the form by said act prescribed,
and pay to him the like duties thereon as such person so appointed col-
lector would otherwise have been held and obliged to have taken, kept,
rendered and paid to the collector of the duties aforesaid, and that the
same be done in like manner and time, and under the like pains and
penalties as by said act in such cases is provided.

jbid whereas, by the act granting to his majesty an excise upon Preamble,
spirits distilled, and upon wine, limes, lemmons and oranges, made and 1756^7, chap. 21.
passed in the thirtieth year of his present majesty's reign, there is not
suflicient provision made for securing the payment of the duties of
excise upon the liquors that may remain in the hands of such persons
as had permits b}- virtue of said act granted them by the farmer of
excise, or licenced persons that did not renew the same at the time
appointed by law for granting the same in the 3-ear one thousand seven
hundred and fifty-seven, and ma}- be consumed or expended by such
persons in his, her or their famil}' during the continuance of the excise
act for the j-ear one thousand seven hundred and fifty-eight, —

Be it therefore enacted,

[Sect. 2.] That all such ))ersons shall, at the end of each half year aii persons who
from and after the twenty-Qfth day of March, instant, and until the liccnse'toseu'^
twenty-sixth day of March, one thousand seven hundred and fifty-nine, g^^^,"^;''^''"^'!
render to the collector or his deputy that shall or may be appointed in the same, to
the respective counties by virtue of the excise act made and pass[e]'d dut^eTthereof.^
in the thirty-first year of his present majesty's reign, an account on oath,
of all such liquors remaining in their hands as aforesaid, and consumed
in his, her or their families during the continuance of the last-mentioned
act, and pa}' the duties of excise therein impose:!, deducting ten per cent
for leakage, upon penalty of fifteen pounds ; one half to the informer. Penalty,
the other half to and for the use of this province.

And lohereas, in and by the excise act made in the thirty-first year of Preamble,
li's present majesty's reign, the several innholders and retailers are ^'^^s^-^^' <=*'='?• i^-
directed to lodge one of the rec[ic] [ei]pts the collectors are required
l)y said act to give them with the clerk of the sessions in the respective
count [y][<e]s, within thirty days after the rec[ie][ei]pt thereof, but
no penalty is therein provided in case of neglect, —

Be it further enacted,

PSfct 3 1 That in case any innholder, common victaal[l]er or Penalty for not
retailer shall neglect to lodge one of the rec[iej[ei]pts given hira by the with the cicrk
collector with the clerk of the sessions within thirty days, as by said act of t^e sessions,
is required, he shall forfeit and pay the sum of forty shillings ; one half
for the use of the poor of the town or district where such delinquent
dwells, and the other half to him or them that shall complain and sue
for the same, and be rendered incapable of renewing his or her licence
for the future.

Be it further enacted,

[Sect. 4.] That the collectors in each county, when any person Co'iccu^rs to
having permit shall account with them, shall give two rec[ie][e/]pt3 to receipts to per-
such person [s], mentioning the sum or sums they have rec[ie][r'<-]ved of J,"Xpermit'\tt
him or her, one of which the person having permit shall lodge with the
clerk of the sessions within thirty days, upon pain of incurring the sum

PitoviNCE Laws. — 1757-58.

[CuAP. 30.]

Preamble.
na7.&8, chap. 19,
(20.

Collector to
liavc liberty to
pive bond to
the province
treasurer.

Deputy col-
lectors liable to
military duties.

Limitation.

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

And ichereas the collectcn's by the act last before mentioned, before
the}' enter upon the execution of their trust, are to give bond to
the province treasurer, which bond ma}', according to said act, be
entered into before the court of sessions only ; and ichereas such
restraint may prove inconvenient, inasmuch as those courts may not be
held in some counties until the expiration of some months from the
time of the a|)pointinent of such collectors, —

Be it therefore farther enacted^

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

And be it farther enacted,

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

[Sect. 7.] This act to commence from the twent3'-fifth day of March,
curr[a][e]nt, and to continue in fjrce until the twenty-sixth day of
March, one thousand seven hundred and fifty-nine. \_Passed March
25 ; published March 27, 1758.

CHAPTER 30.

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

TrenHurer
empowcref]
borrow £28

to
,000.

Form of

treasurer's

receipt.

Whereas this court have agreed to raise seven thousand men to co-
operate with Ids majesty's forces for the reduction of Canada, and it is
necessary that there be a speedy supply of money for the levying and
cloathing the same, —

Be it enacted by the Govemo[^u']r, Council and House of Represent-
[o^']?'(?.s,

[Sect. 1.] That the treasurer of this province be and hereby is
directed ancl impowered to borrow the sura of twenty-eight thousand
pounds in Spanish niill'd dollars at six shillings each, or in coined silver
sterling alloy at six shillings and eightpence per ounce ; and the said
sum of twenty-eight thousand pounds, when Iwrrowed, shall be issued
by the governor or commander-in-chief, by and with the advice of the
council, for the levying and cloathing (he said seven thousand men, pur-
suant to the order of this court, and for no other use whatsoever ; and
if there shall be a surphis it shall remain in the treasury for the further
order of this court ; and for the sum so liorrowed the treasurer shall
give a rec[ie][e/]pt and obligation in the form following: —

Province of the Massachusetts Bay, the day of , 1768.

Ilocfie] \ci] vcd of the sum of . for the use and service of the prov-

ince of tlio Massachusetts Ray, and, in bciialf of said province, I do hereby
promise and oblige myself and suooessors ia the olfice of treasurer to repay

[4th Sess.] Phovincic L.vws. — 1757-58. 77

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

and sixty, the aforesnid sum of , in coined silver of sterling alloy at

six sliiliiii-js and eiirhtpenee per ounce, or in Spanish milTd dollars, at six
shilliiiixs each, with interest annually at the rate of six per cent per annum.
Witness my hand, H- G.

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

And to enable the treasurer to discharge the obligations by him
[/«] given pursuan[t][ce] [to] [0/] this act, —

Be it enacted,

[Sect. 2.] That there be and hereby is granted to his [most] excel- Tax of £30,000
lent majesty a tax of thirty thousand pounds, to be levied on polls and eranted m mo,
estates within this province, according to such rules, and in such propor-
tions, as shall be agreed upon and ordered liy the general court of this
province at their sessions in May, and before the twentieth of June,
one thousand seven hundred and iifty-nine ; and if there shall be a sur-
plus, it shall remain in the treasury for the order of this court.

And he it further enacted,

[Sect. 3.] That in case the general court shall not by the twentieth Rule for appor.
of June, one thousand seven hundred and fifty-nine, agree and conclude in°"a"ono\is''*
upon a tax act to draw into the treasury the aforesaid sum of thirty act shall be
tliousand pounds by the thirty-first day of March tlicn next after, tliat ^^^^'^
then the treasurer of the province shall issue his warrants, directed to
the assessors of the several towns and districts within this province,
requiring them, respectively, to assess, lev}' and pay their respective
proi)ortions of said sura, according to the proportions, rules and direc-
tions of the then last preceeding tax act.

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

Be it therefore enacted,

[Sect. 4,] That the treasurer be and he is hereby directed and Treasurer to
impowered to apply so much of the first money that shall arrive here ?cc1n"(i°from
from Great Britain before the twentieth of June, one thousand seven Great Britain,
hundred and fift3--nine, as shall be sufficient to discharge the obligations
l)v him given in pursuance of this act ; and in case so much monc}'
shall arrive from Great Britain, and be rec[iej[et]ved into the prov-
ince treasury before the twentieth of June, one tliousand seven hun-
dred and fifty-nine, as shall be sufficient to discliarge the ol)ligations
given by the treasurer, as aforesaid, then, [and] in such case, the several
clauses in this act providing for the issuing a tax of thirty thousand
pounds shall be and hereby is declared null and void. \_Passed March
25; jmblished March 27, 1758.

CHAPTER 31.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS THAT ARE
EXPIRED AND NEAR EXPIRING.

"Whereas the several acts hereinafter mentioned, which are now rrcambic.
expired or near expiring, have been found useful [1] and beneficial; p"";',7r'n<TirexI
natnelv, an act made in the tenth year of his jirosent majesty's roign, i)irinir, rovivccj
infilled •• An Act for securing the seasonable payment of town and pre- i73g^7,'chap.i5.
cinct rates and assessments " ; two acts made in the tenth and eleventh of

Province Laws.— 1757-58.

[CiiAr. 31.]

1737.38, chap. 8.

1737J8, chap. 9.

1740-41, chap. 23.
lT4M2,chap.5.

174647, chap. 26.

1747-48, chap. 7.

174849, chap. 9.
1749-50, chap. 6.

1749-50, chap. 27.
1750..51,cbap.5.
1750^1, chap. 17.
1752-53, clup. 16.
1752-63, chap. 18.

1752.53, chap. 20.
1753-64, chap. 44,

1764-55, chap. 31

Thoir contlnua-
tinii to llio first
il.iy of April,
1763.

said reign ; one intitled " An Act in further addition to an act made in the
first 3'ear of liis raajest)''s reign, intitled ' An Act to prevent coparceners,
joint [?]enants and tenants in common from committing strip and waste
upon lands held b}' them in common and undivided,' " the other, intitled
'' An Act in further addition to an act intitled ' An Act for the relief
of Ideots and distracted persons ' " ; an act made in the fourteenth 3'ear
of said reign, intitled " An Act to encourage the increase of sheep and
goats " ; an act made in the fifteenth ^-ear of said reign, intitled " An
Act for the better regulating porters employed within the town of Bos-
ton " ; an act made in the twentieth 3-ear of said reign, intitled " An
Act for the better regulating swine" ; an act passed in the twenty-first
3-ear of the present reign, intitled " An Act to prevent deceit in the
gage of casks " ; an act passed in the twenty-second year of the present
reign, intitled "An Act for the ease of prisoners for debt"; an act
passed in the twent3'-third year of the present reign, intitled " An Act
for regulating the hospital on Rainsford's Island, and further providing
in case of sickness " ; two acts made in the twent3--third and twentv-
fourth years of the present reign ; one intitled " An Act in addition to
the act intitled ' An Act to encourage the increase of sheep and goats,'"
the other intitled " An Act in addition to the act for the better regu-
lating swine"; also an act made in the twentv-fourth year of his
present majesty's reign, intitled " An Act for preventing and suppres-
sing of riots, routs and unlawful[l] assemblies"; three acts made in
the twenty-sixth year of said reign ; one intitled " An Act to prevent
the breaking and damnifying of lamps set u[) in or near streets for
enlightning the same," aiKjthor iulitk'd ''An Act for furtlier prevent-
ing all riotous, tumultuous and disorderly assemblies or companies of
persons, and for preventing bonfires in any of the streets or lanes
within any of the towns in this province," the other intitled " An Act
for preventing damage by horses going at large " ; an act passed in the

. twenty-seventh 3-ear of said reign, intitled "An Act to prevenfneat
cattle" and horses running at large and feeding on the beaches and
meadows lielow the banks in the town of Truro, from the house of
Joshua Atkins to Bound Brook, and also on the common meadow at
and about Pamit Harbour and River as far up as the wading place by
John Lumbart's" ; an act made in the twenty-eighth year of said reign,

•intitled "An Act for preventing the unnecessary destruction of ale-
wives and other fish within this province," —

Be it thorefore enacted by the Oovernol^iClr, Council and House of
Representatives,

That such of the before-mentioned acts as are expired, with all and
every article, clause, matter and thing therein respectively contained,
be and herein" are revived, and shall be in force from the thirty-first
day of March instant, and until the first day of April, one thousand
seven hundred and sixt3--three, and the other of said acts that are near
expiring are hereby continued and shall be in force until the first day
of April, one thousand seven hundred and sixty-three, and no longer.
\_rassed March 26 ; published March 27, 1758.

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

CHAPTER 32.

AN ACT FOR GRANTIifO UNTO HIS MAJESTY SEVERAL RATES AND
DUTIES OF IMPOST AND TUNNAGE OF SHIPPING.

We, his majesty's most dutiful and loyall* subjects, the representa-
tives of the province of the Massachusetts Bay, in New England, being
desirous of lessening the pul)lict debts, have chearfully and unani-
mously given and granted, and do give and grant, to his most excellent
majesty, for the service of this province, as tliey shall hereafter apply it.
the several duties of impost upon all liquors, wares, goods and mer-
chandize that shall be imported into this province, and tonnage J of
shipping, hereafter mentioned ; and pra}' that it may be enacted §, —

jBe it accordingly enacted by the Governor**^ Council and House of
Representatives,

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

For ever}' pipe of wine of every sort, ten shillings.

For ever}' hogshead of rum, containing one hundred gallons, eight
shUl"'§§.

For every hogshead of sugar, fourpenee.

For ever}- hogshead of molasses, fourpenee.

For ever}' hogshead of tobacco, ten shillings.

For every pound of tea that shall be imported from any of his
raajest3''s plantations in America, one shilling.
— And so, proportionably, for gi-eater or less quantities.

And for all other commodities, goods or merchandize not mentioned
or not excepted, fourpenee for every twenty shillings value : excepting
such goods as are the product or manufacture of Great Britain.

[Sect. 2.] And for an}' of the above-mentioned liquors, goods,
wares and merchandize (excepting tea, which shall pay only one shil-
ling) , that shall be imported into this province by any of the inhabitants
of the other provinces or colonies on this continent, or of the EngHsh
West-India Islands, in any ship or vessell^ to them belonging, on the
proper account of any of the said inhabitants of the said provinces,
colonies or islands, there shall be paid by the importers double the
impost laid by this act : provided always, that everything which is the
growth or produce of the provinces or colonies aforesaid (tobacco and
bar-iron excepted), and all provisions, salt, cotton-wool, pig-iron,
mohogony *r«^i , i)iazillclo || . I)lafk-wabuit, lignum-vitie, n-d-ccdar, log-
wood, hemp, raw skin.-; auvl liidcs. and also uU prize goods brought into
and condemned in this province, are and shall be exempted from every
the rates and duties aforesaid.

And he it farther enacted,

[Sect. 3.] That all goods, wares and merchandize, the property of
any of the inhabitants of any of the neighbouring provinces or colonics

* loyal. t puhlick. J tumiage. § anil. •• Governour. tt by. JJ viz*
§§ shillings. If vessel. ^\ mahogany. y brazilletto.

Note. — Neither the enfxrossment nor the printed act having been found, this
chapter h;i3 been compared with the original bill, and a MS. record in the Secre-
tary's office. The words in Roman letters enclosed in biackets appear in the latter
hut not in the former, and the words given in the foot-notes are from the former.
In some instances, the bill bears evidence of being more nearly iu accordance with
the probable language of the act.

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

on this continent, that shall be imported into this province, and shall
have paid, or for -which there shall have been secured to be paid, the
duty of impost, b}* this act provided to be paid, and afterwards shall
be exported and landed in any of the said provinces or colonies on
this continent, then, and in such case, the exporter, producing a certifi-
cate from some officer of his majesty's customs, that the same have
been lauded in some [other] of the provinces or colonies aforesaid,
shall be allowed a drawback of the whole duty of impost by him paid,
or secured to be paid, as b}- this act provided.

And be it further enacted,

[Sect. 4.] That the master of ever}* ship or vessell * coming into
this province from any otlier place, shall, within twenty-four hours after
his arrival in an}- port or harbour, and before bulk is broken, make
report and deliver a manifest, in writing, under his hand, to the commis-
sioners f aforesaid, of the contents of the loading of such ship or ves-
sell,* therein particularl}' expressing the species, kind and quantities
of all wines, [and] liquors, goods, wares and merchandize imported in
such ship or vessell *, with the marks and numbers thei'eof, and to whom
the same are consigned ; and make oath before the commissioner that
the same manifest contains a just and true account of all the lading
taken on board and imported in such ship or vessell*, so far as he
knows or belcives J ; and that if he knows of anj- more wines, liquors,
goods, wares or merchandize laden on board such ship or vessell*, and
imported therein, he will fortliwith make report thereof to the commis-
sioner aforesaid, and cause the same to be added to his manifest.

And be it firrther enacted,

[Sect. 5.] That if the master of any ship or vessell* shall break
bulk, or suffer any of the wines, liquors, goods, wares and merchan-
dize imported in such ship or vessell * to be unladen before report and
entr}' thereof be made as aforesaid, he shall forfeit the sum of one
hundred pounds.

And be it further enacted,

[Sect. 6.] That all merchants and other persons, being owners of
any wines, liquors, goods, wares or merchandize imported into this
province, for which an}' of the rates or duties aforesaid are payable, or
having the same consigned to them, shall make an entry thereof with
the commissioner aforesaiil, and produce an invoice of all such goods as
pay ad valorem, and make oath before him in form following ; viz*., —

You, A. B., do swuar that the entry of the goods and merchandize by you
now made, exhibits the sterling vahie of said goods, and that, bond Jidc, accord-
ing to your best slci 11 and judgment, it is not less than that value. So help you God.

— which oath the commissioner or receiver, appointed in consequence
of this act, is hereby irapowerod and directed to administer; and the
owners aforesaid shall pay to [the] said commissioner, or give security
to pay, the duty of impost by this act required, before such wines,
licjuors, goods, wares or merchandize be landed or taken out of the
vessell* in which the same shall l)e imported.

[Sect. 7.] And no wines, liquors, goods, wares or merchandize
that by tliis act are liable to pay impost or duty, shall be landed on
any wharf §, or in any warehouse or other place, but in the daytime
only, and that after suinise and before sunset, unless in the presence
or with the consent of the commissioner or receiver, on pain of forfeit-
ing all such wines, liquors, goods, wares and merchandize, and the
iiglitor, l)oat or vessell* out of wiiicii the same shall be landed or put
iulo any warehouse or other place.

[Sect. «.] And if any person or persons shall not have and produce
[an produce] an invoice of the quantities of rum or liquors to him or

* vessel. t commissioner. | belleres. § wharil.

[-Irn St-ss.] Province Laws. — 1757-58. • SI

tlicin cousigiicd, then the cask wherein the same are, shall be gauged
at the charge of the importer, that the contents thereof ma}' be known.

Provided, iievertheless, —

[SiiCt. 9.] That the said commissioner shall be and he hereb}' is
allowed to give credit to such person or persons whose dut^' of impost
in one vcssell * shall not exceed six pounds; which credit shall be so
limited as that he shall settle and ])allancc his accounts with every
person, on or before the twenty-sixth da}' of March, one thousand
seven hundred and fifty-nine, that the said accounts may be produced
to this court as soon as ma}' be after ; and for all entries where tlie
impost to be paid doth not exceed three shillings the said commissioner
shall not demand anything, and not more than sixpence for any otlier
single entry to what value soever.

And be it further enacted,

[Sect. 10.] That the importer of all wines, liquors, goods, wares
and merchandize, from and after the twenty-fifth day of March instant,
and uutillt the twenty-sixth day of March, one thonsaiul seven hun-
dred and fifty-nine, by land-(;arriage, or in small vessells | or i)oats,
shall make report and deliver a manifest thereof to the commissioner
aforesaid or his deputy, therein i)articularly expressing the species,
kind and quantity of all such wines, liquors, goods, wares and mer-
chandize so imported, with the marks and numbers thereof, when [and]
how and by whom brought ; and shall make oath, before the said
commissioner or his deputy, to the truth of such report and manifest,
and shall also pay or secure to be paid the several duties aforesaid b}-
this act charged and chargeable upon such wines, liquors, goods,
wares and merchandize, before the same are lauded § [and] put into
any store or plan' wliatsoever.

And be it further enacted.

[Sect. 11.] That every merchant or other person importing any
wines in this province, shall be allowed twelve per cent for leakage :
2)rovided, such wines shall not have been filled up on board ; and tliat
every hogshead, butt or pipe of wine that hath two-thirds thereof
leaked out, shall be accounted for outs, and the merchant or importer
to pay no duty for the same. And no master of any ship or vessell*
shall suffer any wines to be filled up on board without giving a certificate
of the quantity so filled up, under his hand, before the landing thereof,
to the commissioner or receiver of impost for such port, on pain of
forfeiting the sum of one hundred pounds.

[Sect. 12.] And if it may be made to appear that any wine 1[ im-
ported in any ship or vesfioU ~ be decayed at the time of unloading
thereof, or in twenty days afterwards, oath being made I)eforo the com-
missioner or receiver that the same hath not been landed above that
time, the duties and impost paid for such wines shall be rcpayed unto
llie importer thereof.

A)id he it further enacted,
. [Sect. 1.3.] That the master of every ship or vessell* importing
any liquors, wines, goods, wares or merchandize, shall be liable to
pay the impost for such and so much thereof, contained in his mani-
fest, as shall not be duly entered, and the duty paid for the same by
the person or persons to whom such wines, liquors, goods, wares
[and] ** merchandize are or shall be consigned. And it shall and may
be lawful, to and lor the master of every ship or other vessell *, to seciu'C
and detain in his hands, at the owner's risque, all such wines, liquors,
goods, wares and jnerchandize imported in any ship or vessell*, untillf
he receives a certificate, from the commissioner or receiver of impost,
that the duty for the same is paid, and until he be repaid yf his neces-
sary charges in securing the same ; or [or] such master may deliver

* vessel, t until. } vessels. § housed or. % wiues. ** or. ft repayed.

82 Pkovince Laws. — 1757-58. [Chap. 32.]

such wines, liquors, goods, wares and morcbandize as are not entered,
unto the commissioner or receiver of the impost in such port, or his
order, who is herub}' impowercd and directed to receive and lieep tlie
same, at the owner's risque, until the impost thereof, with the charges,
be paid or secured to be paid ; and then to deliver such wines, liquors,
goods, wares or merchandize as such master shall direct.

Aiicl be it farther enacted,

[Sect. 14.] That the commissioner or receiver of the impost in
each port, shall be and hereby is impowered to sue the master of an}'
ship or vessell*, for the impost or duty of so much of the lading of
au}^ wines, liquors, goods, wares or merchandize imported therein,
according to the manifest to be by him given upon oath, as aforesaid,
as shall remain not entered and the dut}- of impost, thereof f not paid
or secured to be paid. And where any goods, wares or merchandize
are such that the value thereof is not known, wliereby the impost to be
I'ecovered of the master, for the same, cannot be ascertained, the owner
or person to whom such goods, wares or merchandize are or shall be
consigned, shall be summoned to appear as an evidence at the court
where such suit for the impost and tlie dut}- thereof shall be brought,
and be their I required to make oath to the value of such goods, wares
or merchandize.

And be it further enacted,

[Sect. 15.] That the ship or vessell*, with her tackle, apparel and
furniture, the master of which shall make default in an3-thing b}' this
act required to be performed hy him, shall be lialile to answer and
make good the sum or sums forfeited by such master, according to
this act, for any such default, as also to make good the impost or diit}'
for all wines, liquors, goods, ware § or ** merchandize not entered as
aforesaid, or for which the duty of impost has ft not been paitl ; and,
upon judgment recovered against such master, tlic said ship or vessell *,
with so much of the tackle or appurtenances thereof as shall be suffi-
cient to salisf}' said judgment, may be taken by execution for the same ;
and the commissioner or receiver of the impost is herein- impowered to
make seizure of the said ship or vessell*, and detain the same under
seizure until judgment be given in au}' suit to be commenced and
prose- XX for an}- of the said forfeitures or for the duty aforesaid; to
the intent, that if judgment be rendered for the prosecutors or in-
formers §§, such ship or vessell* and appurtenances ma_y be exposed to
sale, for satisfaction thereof, as is before provided : tinless the owners,
or some on their behalf, for the releasing of such ship or vessell *
from under seiziu'e or restraint, sliall give sufficient security unto the
commissioner or receiver of impost that seized the same, to respond or
satisfy the sum or value of the tbrfeitures and duties, with charges,
that shall be recovered against the master thereof, upon such suit to
be brought lor the same, as albresaid ; and the master occasioning
such loss or damage unto his owners, through his default or neglect,
shall be liable unto their action for the same.

And be it further enacted,

[Sect. ](i.] That the naval odlcer within any of the ports of this
province shall not clear or give i)assos to any nuister of any ship or
vessell *, outward bound, until he shall be ctTtilied, by the couunis-
sioner or receiver of the impost, that the duty anil iuqjosi for the goods
last imported in such ship or vessell* an- paid or secured to be paid.

[Sect. 17.] And the connnissioner or receiver of the impost is
hereby impowered to allow bills of store to the master of any ship or
vessell* importing any wines or li(]Uors, for such private adventures as
shall belong to the mastci- or scmiucu of such ship or vessell*, at the

• vessel. t tlKt'fnr. I ilicrc. § wares. *• anil. ft liatli.

tt prosecuted. §§ informor.

[4tii Skss.] Province Laavs. — 1757-58. 8?

discretion of the commissioner or receiver, not exceeding three per cent
of the lading ; and the duties payable by this act for such wines or
liquors, in such bills of stores mentioned and expressed, shall be
abated.

And for the more effectual preventing anj' wines, rum or other dis-
tilled spirits being brought i:ito I he province from the neighbouring
governments, b}'. land, or in si;i:ill boats or vossolls *, or an}' other wa}-,
and also to prevent wines, rum or other distilled spirits being fu'st
sent out of this i)rovinc'e, and afterwards brought into the government
again, to defraud the government of the duties of impost, —

Be it enacted.,

[Sect. 18.] That the commissioner and receiver of the aforesaid
duties of impost siiall, and he is liercl)}' imj^owered and enjoined to, ap-
point one suitable person or persons as his deput}' or deputies, in all
such places of this province where it is likely that wine, rum or other
distilled spirits will be brought out of other governments into this;
which oflietM's shall have power to seize the same, nnless the owner shall
make it appeal- that the duty of impost has f been paid therefor since
their being In-ought into or relanded into J this government ; and such
officer or ofiicers are also impowered to search, in all suspected places,
for such wines, rum and distilled spirits, or tea, brought or relanded in
this government, where the duty is not paid as aforesaid, and to seize
[or] § secure the same for the ends and uses as in this act is hereafter
provided.

And be it further enacted,

[Sect. 19.] That the commissioner or his deputies shall have full
power to administer the several oaths aforesaid, and search in all sus-
pected places for all such wines, rum, liquors, tea, goods, wares and
mercliandize as are brought into this province, and landed contrary to
the true intent and meaning of this act, and to seize the same for the
uses hereinafter mentioned.

And he it further enacted,

[Sect. 20.] That if the said commissioner, or his deputy, shall have
information of any wines, rum or other distilled spirits, or tea, being
brought into and landed in any [othci-] place in this province, for which
the dutys ** aforesaid shall not have been paid after their being brought
into or relanded in this government, he ma}' ai)ply to any justice of the
peace within the county, for a warrant to search such place ; and said
justice shall grant such warrant, directed to some proper officer, upon
said commissioner or liis deputy's making oath that he hath had infor-
mation as aforesaid ; and having such warrant, and being attended b}'
such officer, the said commissioner or his deput}' ma}', in the daytime,
between sun-rising and sun-setting, demand admittance, of the person
owning or occupying such place, and, upon refusal, shall have right to
break open such place ; and, finding such liquors or tea, may seize and
take the same into his own custody ; and the commissioner aforesaid,
or his deputy, shall be and hereby is impowered to command assist-
ance, and to im[)ress carriages necessary to secure the [said] liquors
or tea seized as aforesaid ; and any persons refusing assistance, or pre-
venting any of the said oflicors from executing their office, shall forfeit
five pounds to the said commissioner ; and lie oi- his deputy shall make
reasonable satisfaction for the assistance afforded, and carriages made
use of, to secure the liquors or tea seized as aforesaid ; and the com-
missioner or his deputy shall then file an information of such seizure
in the inferior ft court of common pleas for the county wherein such
seizure shall be made, which court shall [then] summon the owner of
such liquors or tea, or the occupier of such shop, house or warehouse,
or distil-house+I, where the same were seized, to appear and shew

* vessels, t hath. \ in. § and. ** duties, ft inferiour. X\ distill-liouse.

S4 Province Laws.— 1757-58. [Chap. 32.J

cause * as aforesaid, or shall make default, the said liquors or tea
shall be adjudged forfeited, and the said court shall order them to be
sold at public t vendue ; and the nett J produce of such sale shall
be paid, one half to the province treasurer- for the use of this province,
and the other half to the said commissioner.

And be it further enacted,

[Sect. 21.] That there § be paid, hy the master of every ship or
other vessell**, coming into an}- port or ports of this province, to trade
or trafflck, whereof all the owners are not belonging to this province
(except such vessells ff as belong to Great Britain, the provinces
[of] XX colonies of Pennsylvania, West and East Jersey, Connecticut,
New York, New Hampshire and Rhode Island), every voA'age such
ship or vessell ** doth make, one pound of good pistol-powder for
every ton such ship or vessell ** is in bnrtlien : saving for that part
which is owned in Great Britain, this province, or any of the aforesaid
gOA'ernment §§, which is hereb}- exempted ; to be paid unto the commis-
sioner or receiver of the duties of impost, and to be emplo3'ed for the
uses and ends aforesaid.

[Sect. 22.] And the said commissioner is hereb}- impowercd to
appoint a meet and suitable person, to repair unto and on board an}'
ship or A'essell **, to take the exact measure and tunnage thereof, in case
he shall suspect the register of such ship or vessell ** doth not express
and set forth the full burthen of the same ; the charge thereof to be
paid b}- the [owner or master] ^ of such ship or vessell**, before she
shall be cleared, in case she shall appear to be of a greater burthen :
otherwise, to be paid by the commissioner out of tlie monc}' recei\'ed
by him for impost, and shall be allowed him, accordingly, In' the treas-
urer, in his accompts. And the naval officer shall not clear any ves-
sell**, until he be certified, also, by the commissioner, that the duty of
tunnage for the same is paid, or that it is such a vessell ** for which
none is payable according to this act.

And he it further enacted,

[Sect. 23.] That when and so often as any wine, rum or tea im-
ported into this province, the aforesnid duty of impost upon which shall
have been payed ^^ agi-e[e]al)le to this act, shall be re-shiped*** and
exported from this government to anv other i)art of the world, that
then, and in ever}' such case, the exporter of such wine, or rum or tea
shall make oath, at the time of shipping, before the receiver of impost,
or his deputy, that the whole of the rum. or wine fff or tea so sliiped XX*
has, bond fide, had the [duty of impost aforesaid] Jj^S paid on the same,
and shall afterwards produce a certificate, from some otlleer of the cus-
toms, that the same has been landed out of this government, — or
otherwise, in case such rum, or wines or tea shall be exported to any
place where there is no officer of the customs, or to any foreign port,
the master of the vessell ** in which the same shall be exported .shall
make oath that the same has been landed out of the government, and
the exporter shall, upon i)roduciug such certilieatc, or upon such oath
of the master, make oath that he verily bcleives || no part of said wiui-s,
rum or tea has been re-landed in this province, — such exporter sluiU
be allowed a drawback from the receiver of im[)()st as follows ; viz'., —

For every pipe of wine, nine shillings.

For every hogshead of mm, seven shillings and sixpence.

And for every pound of tea, one shilling.

Provided, always, —

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

• If any lio lias, wliy Bnch liquors or toa so srizod aliall not 1«' adjiul-jcd forfoifod ;
niid if siii'ti itwiirr or ocrniiicr sliall not sliiiw rausf. t I'uMick. J iin-i.

§ sliall. •• vi'ssi'l. It vcssols. tt or. §§ govcrnnii'nts. 11 niasirror
owniT. Iili paiil. ••* ro-8lii|i|H(i. ftt winn or riini. }jt sliipiud.

§§§ atorosaiil duty of impost. || Ijclicves.

[4rii Sess.] PiiQViNCE Laws. — 1757-58. 85

to be exported as aforosaul, and giving sccuritj' as aforesaid, in order
to obtain the drawback aforcsaiil, the wine, or rum or tea so slii[)ped to
be exported, or any part thereof, shall be re-landed in this province, or
brought into the same from any other province or colony, that then all
such wine, rum and tea so re-landed and brought again into this prov-
ince, shall be forfeited and ma}- be seized b}' the commissioner afore-
said, or his deput}'.

And be it further enacted,

[Sect. 2o.] That there be one fit person, and no more, nominated
and a[)pointed by this court, as a commissioner and receiver of the
aforesaid duties of impost and tunnage of shipping, and for the in-
si)ection, care and management of the said olllce, and whatsoever
relates thereto, to receive commission for the same from the governor*
or counnander-iu-cheif t for the time being, with authorit\- to sub-
stitute and a[)[)uint a dcput}' receiver in each port, or other places
besides that in which ho resides, and to grant warrants to such deput}'
receivers for the said place, and to collect and receive the impost and
tunnage of shipping as albi-esaid that shall become duo within such
port, and to render the account thereof, and to pay in the same, to the
said commissioner and receiver : whicli said commissioner and receiver
shall keep fair l)Ooks of all entries and duties arising by virtue of this
act ; also, a particular account of everj- vesscll J, so that the duties of
im[)Ost and tunnage arising on the said vessell J may appear ; and the
same to Ive open, at all soasonalilc times, to the view and perusal of
the treasurer or receiver-general of this province (or any other person
or persons whom this court shall appoint), with whom he shall account
for all collections and payments, and pay all such monies as shall be
in his hands, as the treasurer or receiver-general shall demand it.
And the said commissioner or receiver and his deputy or deputies,
before their entering upon the execution of their said otHce, shall be
sworn to deal truly and faithl'uU}' therein, and shall attend in the said
office from ten of the clock in the forenoon, until one in the afternoon.

[Sect. 26.-] And the said commissioner or receiver, for his labour,
care and expences in the said office, shall have and receive, out of the
province treasmy, at the rate of sixt}' pounds per annum ; and his
deputy or deputies shall receive for their service such sums as the §
commissioner of impost, together with the province treasurer, shall
judge necessarj-, for whatever sums they shall receive and pa}' ; and
the treasurer is hereb}- ordei'od, in passing and receiving the said com-
missioner's accounts, accordingly, to allow the paj'ment of such sal-
ary- or salaries, as aforesaid, to himself and his deputies.

And he it furtJier enacted ,

[Skct. 27.] That all penalties, fines and forfeitures accruing and
arising in consequence of any breach of this act, shall be one half to
his majest}'^ for the use of this province, and the other half to him or
them that shall seize, inform and sue for the same, by action, bill,
plaint or information, in any of his majesty's courts of record, wherein
no essoign, protection or wager of law shall be allowed: the whole
charge of the prosecution to be taken (?ut of the half belonging to the
informer.

And be it farther enacted,

[Sect. 28.] That from and after the commencement of this act, in
all [clauses] ** where[in] any claimer shall ajipear. and shall not make
good the claim, the charges of prosecution shall be borne and paid bj'
the said claimer, and not by the informer. [Passed March 25, 1758.

* govcrnonr. t cliiof. \ vi'sscl. § said. *\ majesty's. *• causes.

Peovlnce Laws.— 1757-58. [Chai's. 33, 34.]

ACTS

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

CIIAPTEE 33.

an act for preventing loss or damage by means of a non-
observance OF A LATE ACT OF THIS PROVINCE. INTITLED "AN
ACT FOR GRANTING TO HIS MAJESTY SEVERAL DUTIES UPON VEL-
LUM, PARCHMENT AND PAPER, FOR TWO YEARS, TOWARDS DE-
FREYING THE CHARGES OF THIS GOVERN^NIENT."

Preamble. WiiEREAS, tluring the continuaiice of a late act of this province,

1754-55, chap. 18. intitled " An Act for granting to liis majesty several duties upon vel-
lum, parcliment and paper, for two years, towards defreying the charges
of this government," made in the twent3'-eighth 5-ear of his present
majesty's reign, there were divers deeds and mortgages of real estates,
and bonds, wrote on vellum, parchment and paper, with a stamp thereon
different from what was required by said act, and divers others wrote on
unstamped vellum, parchment and paper, whereby many innocent per-
sons are likely to be great sufferers ; for remedy whereof, —

Be it enacted by the Govei-nonr, Council and House of Representatives^

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

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

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

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

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

CHAPTER 34.

AN ACT FOR THE SPEEDY LEVYING OF SOLDIERS FOR AN INTENDED

EXPEDITION.

Whereas it is determined by this government that, if the seven thou-
sand men, inclu'^ive of officers, which were to be raised by this prov-
ince for tlie intended expedition, sliall not be compleated l)v inlistments,
the deficiency shall be ravsed by an impress.

Be it enacted by the Governour, Council and Ilouse of Representatives,
[Sect. L] That on the second day of May next, at ten of the clock
in the forenoon, there shall be a muster of all the couipauies of hor.se
nmii<j.ormiiiiia, m,,] foot of tlic militia of this province, and of the batteries in the
volunteer, ic"" lowns of liostou, Charlcstown, Marl)lehead, Salem and Ghicester, and
the captain or chief ollicer of each of said comi)aiiios shall inniu'diateiy
give notice thereof, by one of the Serjeants or corporals of his troop (.r
company, to each person belonging to the same, and liable io train
therein, cither in person, or in case of his absence or not bciug to be

Preamble.

Manner of
notifying llio
■pvcral com-

[oTii Sess.] PiioviNCE Laws. — 1757-58. 87

found, by leaving a notification in writing, at the place of his abode ;
and eveiy person notified in either of the ways aforesaid shall piinctu-
alh' and duly attend at the time and place of muster as required, and
there attend until dismissed, unless unavoidably i)revented, on penalty FineincaReof
of sixteen pounds, to be sued for and recovered with cost of suit, by ""»-'»i'pe'"''"'ce
the clerk of the troop or company to which such doliuciuont belon-is ;
and if such delinquent be a minor or servant, the action to be brought
against and penalty recovered of his parent or master ; one third of
said penalt3' to be for the use of said clerk, and the other tv,-o thirds
shall by him be paid into the hands of the treasurer of the town, dis-
trict or parish, to be emplo3'ed in hiring men into his majesty's service,
as there sliall be occasion, and drawn out for that pur[)O30 l)y the cap-
tain or chief officer of the troop or company.

[Sect. 2.] And in case any troop or company, afler warning a
muster of the same as aforesaid, shall not, on or before the said second
day of Ma)' next, at four of the clock in the afternoon, have made up the
deficiency of their inlistments, and compleated their qu«4a aforesaid,
then the captain or chief olBcer of such troop or companv shall imme-
diately proceed to impress or cause to be impressed so many able-bodied
men as shall be necessary in order to corapleat his quota ; and everj'
person so' impressed shall attend the service and do the duty fur which
he sliall be so impressed, unless he shall obtain a discharge in writing
under the hand of the captain of the company or colonel of the regi-
ment to which he belongs, or from the governour of the province, or
unless he immediately on his being impressed shall produce a man to
the satisfaction of the captain or chief officer of such troop or com-
pan}-, or otherwise shall pay to the captain or chief officer of the troop Fine for not
or companj' to which he belongs the sum of eight pounds, to l)e disposed lmpleaa7d.^°
of in hiring another man in his stead, and the overplus, if any there be,
to be paid to the treasurer of the town, district or parish, to be em-
plo)-ed in hiring men into his majesty's service as there shall be occa-
sion, and drawn out for that purp )se by the captain or chief officer of
the troop or company ; and in case the fine or fines paid by impressed
men as aforesaid shall not be sufficient to hire able-bodied men enough
to make up the quota immediateh', such captain or officer shall proceed
to impress more men ; and in case of their paying the fine aforesaid, or
being discharged as aforesaid, shall go on without delay to impress in
manner aforesaid, until the quota be compleated either b}' hiring with
the fines, or with the impressed men as aforesaid.

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

Be it further enacted,

[Sect. 3.] That the colonels of each regiment, captain or^chief Kesidenuof
officer of an}' troop or company who shall be in want of men to com- "troiiers. liable
pleat the quota, after four of the clock in the afternoon, the second day to b*-' impressed
of May next, may impress any residents or slrolers within his district,
being persons suitable to be impressed, though the same persons do not
belong to his regiment or com[)any ; and such p-^r-ons so impressed
shall be heM to serve unless such persons do really belong to some com-
pany of the militia within this province that shall have compleated its
quota before the said second day of IMay next, or unless such persons
so impressed shall pay the fine af.)resaid, or shall be discharged I)y the
governour, or such person as the governour shall appoint for such pur-
poses.

PitoviNCE Laws. — 1757-5^

[CiiAi'. 35.]

Any captain or
cliief officer that
has compk'lcd
)ii8 quota, to
give notice, &c.

Provided, nevertheless, —

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

CHAPTEK 35.

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

LOTTERY.

Preamble.

Man agora
appointed.

Managers, &c.|
to l)i; under
uatli.

.Manaiters to
pubiisli liHt.

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

Be it enacted b)/ the Gnvernour, Council and House of Representatives,

[Sect. 1.] That John Jeffries, Samuel Watts, Thomas Flucker and
James Russell, Esqi's., and Mr. John Tyng, or any three of them, be
and hereby are api)ointod managers in behalf of this government, to set
up, carry on and compleat, agi^ecable to such scheme, as the said man-
agers, or any three of tlu'm shall agree upon, a lottery or lotteries for
the raising and bori'owing the sum of thirty thousand pounds, to be
employed lor his majesty's service, in the intended expetlition against
Canada, in such manner as this court shall order.

And be it further enacted,

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

And be it further enacted,

[Sect. 3.] That the managers aforesaid shall, within twent}' days
after the drawing the lottery or lotteries aforesaid, cause a list to lie
printed in oie of the Boston weekly newspapers, expi-essing the numl)er
and value of each benefit-ticket, and shall, at the same time, notify the
proprietors of the tickets to repair to one of the managers, inoi-der that
tiie value of each may l)e certilied thereon, that so such proprietors may
be respectively intitled to receive a g.)vernmont note or security, which
shall l)e in tlie form following, and signed by the province treasurer ;
viz., —

Form of tiio Provmco of the Massachusetts Bay, the day of , Anno Domini

ircuHurer-H note. ii,,(.,Vivcd of ticket (drawn in the Massachusetts lottery, No. ),

oftlm vidne of , wliicli lias hern applyed to the use and service

<»r said i)rovince, and, in l)plialf of said province, I do horel)y promise and
oblige my.seir and sueccssirs in tiic ollico of treasuriT to i)ay tiu> said
or onli'i-, tlio lirst day of June, one thousand seven liiin-
drcil .111(1 sixty-one, the aloiesaid sum of , in silver, at six

shillings and eiglitpence per ounce, or Spanish miird dollars, at six shilliDg.?

[5tii Sess.] riiuviNCE Laws. — 1757-58. gg

each, with lawiul interest annually, at the rate of six per cent per annum ;
or to j)ay the same, with interest liS aforesaid, out of the money that maj- bo
received into the treasury from (Jreat I'ritain for the reimbursement of the
charo^e of the intended expedition against Canada.
Witness my hand, H. G., Treasurer.

And be it further enacted,

[Sect. 4.] Thai the jn-oprietor or proprietors of each benefit-ticket Proprietors
sliall be intitled to a government note or security, to be given l)y the tTci'i8'm-r"rt'*note
treasurer, for a sum equal to the value of such benefit-ticket payable by on interest, &o.
the first day of June, one thousand seven hundred and sixty-one, with
interest annually, at the rate of six per cent per annum, from the time
the drawing eacU lottery, respectively, shall be finished : provided such
pro|)rietor or proprietors shall produce such tickets to the treasurer,
certified by one of the managers as aforesaid, within the space of two
months after public notice given as aforesaid of the drawing of the
lottery, and shall lodge it or them with the treasurer as aforesaid, who,
in that case, is hereb}' full}- authorized and required without receiving
any fee or reward for the same to give such note or security accord-
ingly ; and ever}' such note or security shall bear date from the time
the (irawing the lotteiy is finished ; and no note shall be given for a less
sum tlian six pounds. And the managers aforesaid are hereb\' required, Managers to
respcctivel}-, to give certificates on the tickets brought to them without [,aok'^^nhe'°
receiving any fee or reward therefor. tickets.

And be it further evacted,

[Sect. 5.] That the managers aforesaid shall pay into the treasury Money to be
t4ie whole of the money that shall arise from the sale of the tickets Sl^iiVgcrsTnto
aforesaid, and shall be intitled to six sliillings each for eveiy whole day f^e treasury.
they shall be respectively employed about the lottery aforesaid, and
shall exhibit their account of the cliarges attending said lotteries, to the
govcrnour and council, for allowance.

And ichcreas his majesty has been graciously pleased to signify, b}' a Preamble,
letter from the right honourable William Pitt, Esq., one of his majesty's
principal secretaries of slate, that strong recommendations will be made
to i)arliament in their session next year, to grant a proper compensation
for the expences of the intended expedition, in humble confidence of
which compensation this government engaged in said expedition, —

Be it enacted,

[Sect. 6.] That the notes or securities given by the treasurer as Notes or
aforesaid shall be paid off out of the money which may be granted by. J^y^hc'treaflrrer
parliament for the reimbursement of the expcnce of the expedition tobepaidout
aforesaid, as soon as it shall arrive from Great Britain, and be lodged asmaybe"'"'^
with the treasurer of this province; in which case said treasurer is g™itedby

1 1 T T • II- -111 1 . , . parliament.

hereby directed to give public notice that he has such money m his
hands for the redemption of the said notes ; and on their being brought
to him shall redeem them accordingly ; and if any person shall neglect
to apph" for the payment of such of the aforesaid notes as he or she
may lie possest of, the interest thereon shall cease at the end of three
months after such notification ; but if it should happen that no monc}'
should arrive from Great Britain l)y the last day of Juno, one thousand
seven hundred 'and sixty, then, as a further security for the payment of
said notes, —

Be it enacted,

[Sect. 7.] That there be and herebjMs granted unto his most excel- Tax of £34,000
lent majesty a tax of thirt3'-four thousand pounds, to levied on the majesty in ma
polls, and estates real and personal within this province, according
t) such rules and in such proportions on the several towns and districts
within the same, as shall be agreed on and ordered by the general court
of this province, at their session in Ma}-, one thousand seven hundred

PiiOviNCE Laws.— 1757-58. [Chap. 3G.]

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

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

And be it farther enacted,

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

CHAPTER 36.

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

rrearabic. WiiKKKAs, in and l)y an act made and passed this present year of his

*757.58,chap.34. majesty's reign, intitled " An[d] Act for the speedy levying of soldiers
fur an intended expedition," all persons belonging to any troop or com-
pany and liable to train therein are held and obliged by said act to
certain attendance on military musters and subjected to impresses, on
penalty of the respective fines and forfeitures by said act provided and
determined ; and whereas the people called Quakers alledge a scruple of
conscience against any military service, and persist in their neglect or
refusal to attend on military nnisters, —

Be it enaeted by the Guvernnur, Council and Ilouse of Representatives,

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

And in order to prevent any unequal burthen ui)on any regiment in
which there are any of the people called Quakers liable to he imi)ressed,
and to prevent any def[f]ieiency in the whole number of men required
to be raised by the aforesaid act, —

Be it further enacted,

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

Quakers

(•xi'ini)l from
(IncH for not
allcMcliiig
military muS'
tcrs.

Colonel or chief
•ifllrer to employ
n Hum tiot IX.
ri'clliiK £13 0(1.
8i/. per man, for
each Quaker

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

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

And be it further enactedy

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

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

Be it therefore further enacted^

[Sect. 4.] That the captain or chief officer of every company in coionci or chief
each regiment within this province, the colonel or chief officer of which "^^TV^ "^.''f ^

, T, I ,T ,. . a list of Quakers.

regiment shall have employed any sum or sums to hire persons into the
service in the room and stead of the people called Quakers, in conse-
quence of this act, shall some time before the twenty-fifth of May in this
present year, prepare and deliver to such colonel a list of all the people
called Quakers, or who, under pretence of a scruple of conscience,
absent themselves from military musters within the respective districts
of their respective companies, specifying in such list the towns of which
each and ever}- such persons are inhabitants, and every such colonel or
chief officer of such regiment shall some time before the first of June
return such lists into the secretary's office.

[Sect. 5.] And eveiy military officer who shall fail of preparing and Penalty,
delivering such lists shall forfeit and pay the sum of ten pdunds ; one
moiety thereof to his majesty for the use of the province, the other
moiet}' to him or them that shall inform and sue for the same. [^Passed
April 28 ;* published April 29, 1758.

CHAPTER 37.

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

"Whereas in and by an act, intitled "An Act for preventing the unnec- Preamble,
essary destruction of alewives and other fish, witlain this province," it 1754.55, chap. 31,
is, among other things, enacted, " that no person or persons whatsoever, *^*

• Signed April 29, according to the record.

92 rKovKxcE Laws.— 1757-58. [Chai>. 37.]

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

Be it therefore enacted by the Governour, Council and House of
Mepresentatives,
^thcT'fishtobe That it shall and may be lawful for any person or persons to catch
taUiii bvHciiKs, alewives or other fish by sienes or drag-nets in Charles River and Con-
Uiv'ir.'&e.'"^'''* cord Rivcr, in the county of Middlesex, and Neponsett River in the
county of Suffolk, three days in a week, the days to be Monday,
Wednesday and Friday, and in Medford River, in the county of Mid-
dlesex, two days In a week ; viz., Monday and Thursday, by drawing
two sienes once in eacli day at said Medford River ; and for the taking
of fish in such part of Concord River where sienes cannot conveniently
be used, it shall be lawful to erect a wear, and to employ the same for
that purpose on the Monday, Wednesday and Friday of each week, the
place where the same shall be erected to be determined by the select-
raen of said town, during the continuance of the afore-recited act, any-
thing therein contained to the contrary notwithstanding. [Passed and
published April 29, 1758.

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

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

" An Aft inipowcrinj? Margarctt Pollard of Boston in tho County of Suffolk,
Widow. Executrix of the last Will and Testament of Benjamin Tollard, Esq'.,
deceased, to make Sahi of certain Lauds that were convej'ed to the sai<l Benjamin
Pollard, in Trust.'" — [FcisxrilJunc H>; puhlishcdJttne 17.

" An Act for dissolving the Marriage of Daniel McCarthy with Mary McCarthy."
— [Passril June 14; piihlis/ipd Juno. 17.

" An Act for the iu<ire easy and equitahle Division of tho Estates of James Town-
send, dcreased, and Eli7.:ib(>th Chauncy, deceased, yet remaining undivided, among
the Int(>rcstcd."— [/'(/.'-■.svr/ Apvil'H, 1758.

The first and last of these private acts, — the last hearing no memorandum of
publication ancl being not under seal, — were disallowed hy the Privy Council, Aug.
10, 175it.

Tho engrossments of all tho acts of this year are preserved except of chapters 2,
4, 7, 10, l.S, 111, :\-2. ;}:i, :J4, .T) and ."7.

Governor Pownall not having arrived until August '^, the acts of tho first session
and f)f tlio previous year, do not app<'ar to have been formally transmitted until
Jan. 1-, 17.").s, when these, to^etlier witli the ;u's of the second session, were certi-
fied for that purpose under tli.! s.-al of llio I'rovi.icc. (.'opies of the acts of tho
8econ<l session, however, W(>re forwarded to the Board of Trade by the (Jovernor,
with his obsi-rvations thereon, Oct. 11, 17.57; and in like manner, the following acts
of till! third and fourth sessions were forwarded on the dates hereafter given; viz.,
chapter IC, Dee. 1. 17.">7; chai)tcr IS, Jan. 15, 175S; thapter '-'l, Mar. 15, 175S; and
chapter :io, Mivr. [Ji;?] (J, 17.'>s. The acts of tho last three sessions were formally
certilied for transmission Sept. '_"_', ]7.>S.

Th(! aeis of the lirst and secotul sessions were received hy tho clerk of tho Privy
Council, in w.iitiug, ^lay :!, 17.'),S, and, live days later, were referred to tlu! Lords of
the eomtuittce of the Privy Council, for ]ilantalion alTairs who. on tlie next day,
took them into consideration and referred tliem to the Board of Trade " to examine
into the same and report their fipinicm thereupon to this Cominilteiv" Tim Board
of Trade took them up June (i, 175S, and !ippointi'd a special tim(> for i-onsideriug
<;liapter I'J. in the note to wlii<'h chapter, post, will bo found tiie minutes of their
jinx'eediugs thereupon. On the \'M\ of .luius the Board ordered these acts to bo
Sent to Sir Mattliew Lamb " for his Opinion therctipon in ]>oint of law and that ho
be desired to take the Act resi)ecting Bankrupts and their Creditors into his imme-
diate consideration and report his opinion thereupon in ]U)int of law with all possi-
ble dispiiteh." The acts of the last three .-icssions wen! received by the clerk of the
Privy Coimcil, Nov. '.'.'■>, 17."S, and on the l.'.th of December were ref.'rred to the
committee, of the Privy Council, on i>lantations, &e., who nine days later took
them into cuusidoratiou, and referred tlicm to tho Board of Trade to examine &c.

[XoTKs.] PiiovixcE Laws. — 1757-58. 93

III till' Board of Trade they came up for consideration Jan. Ifi, IToO and were
iinniciliatolv sent to Sir Maltlu'W Lanib "for Iiis Opinion thereupon in point of
J.;i\v."

On the •J.'jtli of Jnly 175!t the Board of Trade ordered the draught of a report to
thi' ronnnittee of the Council on all the acts of this year to bo prepared, and, six
days later, the draught was prepared, agreed to, transcribed ami signed. In this
report chapters 2, 7, 8, l(i, 1'.), 'li, 'J5, 2G, li7, 2!), o2, '.H and 'M, it is declared, " appi-ar
to have been pass'd for temporary Services and are either exjiired by their own
Limitations or the purposes for which they were enacted iiave iieen completed;"
chapters .i. 4, ilO and ;>5 "passed for temporary services and at dilTerent times for
raising or borrowing sums of Mony for defraying the Expences of Military and
other Services, have in great measure taken effect l)Ut as the Execution of some of
the Provisions therein coutain'd, in whi<'h the publick faith of the Province is
interested will not be conipleated till the Years ITiJO, 17tJl & ITliL', and as Sir
Matthew Lamb, whose Opinion has been taken upon these Acts, has no objection
to anv of them in point of law, \\'e conceive it expedient that thev shouhl receive
His Majesty's Royal Allowance." Chapters 6, (i, ;>, 10, 11, l.'i, 14, 15, 17, IS, 20, 21
22, 2'!, 28, ;;i, .".:! and ;'>7, "relate to the internal CEconomy of th(! Province- ami
appear to have been enacted fen- it's private convenience, and We see no reason why
liis ;Maj(4Bty may not be graciously pleased to Contirm them." Chapters 1 and 12,
were specially rt?ported upon as shown in the notes to those chapters, respectively,
and so, also, were two of the private acts of this year. No record of further action
by the Privy Council on these acts has been discovered ; but as an order in Council
was passed Ang. 10, 17ri'J, disallowing chapter 1, and the two private acts above
referred to, in accordance with the report of the Board of Trade, it is probalde that
an order allowing the acts favorably reported on was passed, but has Ix.'cn over-
looked, or inadvertently omitted from the packages of copies received from the
Public-Record Office.

Chfip.\. " June 10, 1757. A Bill having passed the two Houses to be enacted
intituled an Act for erecting the District of Danvers into a Township by the name
of And Thomas Hutchinson Esq"", a ISIember of his ^Majesty's Council

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

The Question being put whether the Bill intituled an Act for erecting the Di-strict
of Danvers into a Township by the name of shall be enacted, and the

same having passed in the Affirmative; I desire the liberty of entring my dissent
for the following Reasons viz' ,

l^s' Because the professed design of the Bill is to give the Inhabitants, who now
join with the Town of Salem in the choice of a Representative a power of chu.sing
by themselves, and the number of which the House of Represmitatives may at
present consist, being full large; the increasing the number must have a tendency
to retard the proceedings of the General Court, and to increase the burden which
now lyes npon the People by their long Sessions every Year, and must likewise
give tiiat House an undue proportion to the Board in the Legislature where many
affairs are determined by a joint Ballot of the two Houses.

2'' Because there being no Governor nor Lieutenant Governor in the Province,
it is most agreeable to his Majesty's Commission to the late Governor: to the
message of this Board to the House of Representatives at the opening the Session;
and is in itself a tiling most reasonable that all matters of anj^ importance, and
not necessary to be acted upon immediately, which is the case with the present
Bill, should be deferred until there be a Governor or Lieutenant Governor in the
Chair.

'.\^ Because the Board by passing this Bill as the second Branch of the Legisla-
ture necessarily Ijring it immediately after, before themselves for their Assent, or
RefiLsal, as the first Branch, and sucli Members as Vote for this Bill in one capacity,
must give their Assent in the other dii-ectly against the Royal Instruction to the
Governor, in a case in no degree necessarj' for the public Interest, or else their
Actions will be inconsistent and Absurd.
Couiuil Chamber. Tho» Hctciiixson.

Dtli June, 1757." — Council Records, vol. XXII., pp. 45, 46.
" At the Court at Kensington
the lO'ii day of August 1759.
I'resent.
The King's most Excellent Majesty in Cotmcil.

Whereas by Commission under the Great Seal of Great Britain, the Governor,
Council and" As.semhly of the Province of thi^ Massachnsets Bay in New Eng-
land in ATuerica are authorized and empowered to constitute and ordain Laws
which are to continue anil be in force unless His Majesty's plcivsure Ik; signi-
fied U) the contrary — And wliereas ixi pursuance of the said Commission three
Laws were p.assefl in tlio said Province in June 1757 and April 1758 Entituleil as
follow. Viz'

' An Act for erecting the District of Danvers into a Township by th<! name of
Danvers.' « « « « * _

Wiiieh said I^aws having been under the consideration of the Lord's Commis-
sioners for Trade and Plantations and also of a Committee of the Lord.s of His
Maji'sty's most Honourable Privy Seal, The said Lords of the Coininittee this day
presented the said Laws to His Majesty at this Board with their riiiiiiion that the
8am<' ought to \h' repealed — His Majesty taking the same into consideration Wiis
pleased with the atlvice of His Privy Council to deidare His disallowance of the
Baid Laws and pursuant to His Majesty's piiiusure thereupon exi)rc»scd the said

94 Province Laws. — 1757-58. [Notes.]

Laws are hereby repealed declared void and of none effect— Wliereof the Governor
or Commander in Chief of the said Province for the time being and all others
whom it may concern are to take notice and govern themselves accordingly.

A true Copy W. Shakpe."

—"Mass. Bay, B. T.," vol. 11, K.l-.,1, in Pablic-Rrrord Office.

At first view it would appear inexjilicable that Hutchinson, who had so zealously
opposed the passage of tliis act, and who, for several years afterwards, was gov-
ernor or acting governor of the province, should have declared that, as " the Coun-
cil kept no correspondence by letters with the King's ministers * * this bill, with
others, received tlie royal allowance j)robably without being observed to be contrary
to the instructions," except uiiou thi; theory that, in this case, as in some others,'
his prejudices were stronger than his memory. On referring, however, to the
Journals of the House of Kepn^si iitarives it will l)e found that the town of Danvers
was annually represented in the General Court from and after the j'ear 1758; and it
is, therefore, probable that notice of the disallowance of this act never reached the
provincial authorities, and that Hutchinson did not take the pains to correct his
imiiression, grounded on these facts, by an examination of the public records. — ISee
Ilutchinsou's Hist. Mass., vol. .S, p. ,55.

See, further, on the general subject, notes to 17()0-G1, chap. S4, and 1761-62, chap.
9, post: also 1772-73, chap. 17, which expressly recognizes Danvers as a town.

Chop. 2. "June 1", 17.57. In the House of Representatives. Ordered That the
Assessors of the Town of Leicester and District of Spencer be and hereby are im-
powered to assess the Inhabitants of a Place called the Gore in their next Assess-
ment for the jiresent Years Tax in the same manner as has heretofore been done,
their being lately annexed to the District of Charlton notwithstanding. In Council.
Read and Concurred.

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

" June 16, 1757. In the House of Representatives. Voted That the Province
Treasurer be, and he hereby is directed not to borrow any money or issue his notes
therefor, to 1)e redeemed out of the Fund of Fifteen thousand two huiulrcd Pounds,
laid upon the present year, till the Further order of this Court. In Council— Read
and Concurred.

Consented to by a Major Part of the Council." — Ibid., p. 6.3.

"Aug' ."l, 1757. In the House of Representatives. Ordered That the Province
Treasurer be and h(>reby is directed to borrow as soon as may be the additional Sum
of Fifteen thousand two hundred i)ounds laid on the present year in the last Tax
Act, the Vote passed the 10* June last notwithstanding. In Council. Read and
Concurred.

Consented to by the Governor."— /^W., p. 108.

" December 2, 1757. In the nous(i of Representatives. Whereas it appears to this
Court that tlii^rc was a Mistake made in the present Year's Tax Act of Four pounds
eight shillings and two pence too much laid on the District of Southampton in jiro-
portioning tlio Ileiirescjntatives Pay for the iireceeding Year on the said District and
the Town of Northamjiton. Therel'ore Ordered That tlie abovesaid Snra of Four
Pounds eight sliilliiigs and two pence bo taken off from the District of Southampton
and laid on the Town of Northampton in their present Year's Tax. In Council.
Read and Concurred.

Consented to by the Governor."- 76/(?., p. 131.

Chap. 3. " ISIay 27, 1757. The Secretary went down to the House of Representa-
tives witli the following INIessage from his Majesty's Council viz'

Genthiinen of the House of Representatives. — The Administration of Govern-
ment still remaining with his Majesty's Council, We think it incumbent u]ion Vs
at the ojjcning the present Session t>f the General Assembly to recommend to their
consideration such liusincss as ap|>cars to be of immediate importance to the Inter-
est of the Province, & to his Majesty's sisrvice.-

Onr iirinci|ial Attention the last Session of the late Assembly was tipon the dis-
patch of the I'orccs raised by this Government under the Command of his Majesty's
Gent^ral in North .Vmerica! They have all marched since the dissolution of the
Court, in cons('(]iieiice of the Orders received. Ihit it was with great ditlicidty that
money was obtained for their Subsistence", & other nec(>ssary Charges; & you will
finil tiiat \]\i: Provision 7nad(! for the purpose was insulliiieiit. We apprehend that
therc! will be need of a further Supply of tlie Treasury, not only for this delieiency,
Init for llie otiier Cliarges of Government, winch now come heavy uiion l^s, & wliich
it will rcijiiirc! great Prudence! to raisi! in such manner as that the Peojile may bo
able to bear tlie bmtlien. and at the same time the Public Credit fully maintained."
— Cnnnril Iirrnri1s,rol. X.XII., p. (i.

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

On the lllastern Frontiers.

That there bo Pay and Subsistence allowed at Fort Halifax to one Cai)tain, ono
Ijienlenant. three Sergeants, four Cori)oral3 one Armourer, ono Drummer, a Chap-
lain and thirty Privates and no mon^

At the Stondiouse at Cnshuoc to one Lieutenant and fifteen Privates and no
more.

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

At Fort llrunswick to live men and no more including one Sergeant.

[Notes.] Province Laws. — 1757-58. 95

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

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

On the Western Frontiers.

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

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

At Colcraiu Twelve Privates and no more.

At Fall Town to twelve I'rivates and no more, six of whom at Burks Garrison,
and the other six at Slioldons; All the said Men at Charlemont, Coleruin and Fall
Town to be employed in (.'onstant Scouting in such manner as the Captain General
shall order and direct.

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

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

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

All the aforesaid Officers and Men to receive the same Pay and Subsistence as by
the last Establishment for those places respectively, except that live shillings and
four pence 4^" week only shall be allowed for the Subsistence of those at Fort Mas-
sachusetts to continue to the 15th day of April next and no longer.

In Council Read and Concurred Consented to by the Governor.

N.B. This Establishment was not compleated until the' 25 Ins'." — Ibid., p. 225.
" January 2i, 1758. The Secretary by order of his Excellency the Governor de-
livered the following Message to the two Houses viz'

Gentlemen of the Council and House of Representatives.

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

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

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

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

In the Plan I laid before You, I have told you, and given You my reasons for it,
that I should employ the Forces in the same manner that you determine by your
Vote that they shall be employed, so that there is no difference about the Service,
the only question is, who shall direct and limit this Service; the House of Repre-
sentatives or the King's Governor. But this your Charter leaves no Room to make
a Question of.

T. PowxALL."— 77)(d!., p. 240.

"Since our letter to you dated the 8'^ of December 1757, We have received
several from you (a Minute of the Dates of which is hereunto annexed) containing
a detail of your proceedings in the administration of the Government entrusted to
your care.

The Facts resulting from an examination into the Acts and Proceedings of the
Council and House of Representatives, which we were induced to ent^r into from
your representation of their conduct in your letter of the 27"' of Janry last, are
such, as convince us that the Dependence which by the Constitution the Colony
ought to have upon the executive part of the Government of the Mother Country
and the Sovereignty of the Crown stands ujion a very precarious foot and that
unless some effectual remedy is at a proper time api)lyed, it will be in great danger
of being totally set aside.

From these facts it appears that almost every act of executive and legislative
power, whether it be political, judicial or military is ordered and directed by Votes
and Resolves of the General Court, in most cases originating in the House of
Representatives to which all Applications, Petitions and Representations are
addressed and where the Resolves are drawn up and prepared, and tbo' We appre-

96 Province Laws. — 1757-58. [Notes.]

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

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

Upon the whole, however dangerous and prejudicial as these proceedings appear
to us, We are doubtfuU whether it would be adviseable in the present situation of
things to attempt an elTi'ctnal ri'iiu'dy to practices concerning which lung usage and
indulgence; have impressed strong prejudices upon the minds of souk^ and doubts
upon those of others, which whenever the times will admit of these points being
clearly and impartially debated and explained will easily be removed, and We are
perswaded all but ill designing men will concur in their endeavours to restore the
Constitution to its true principles, by which alone the rights and liberties of His
Majesties subjects and the welfare and interest of the Mother Country and of its
Colonys can be effectually secured." — LonU of Trade to Gov. Pov:naU, Xoo. 22, 1758:
"Mafif!. Bail, B. T.," vol. 8.5, p. B., in Puhlif-R<'cnrd Office.

" The governor, observing that his predecessor had suffered the house to take to
themselves some share of that military authority, which the charter gives to the
office of governor, endeavoured to make a reform. In the grants of money for the
defence of the province, the house, with wliom all grants must originate, in several
late instances, had appropriated the money granted, to the payment of such a
number of men as should be posted in such places, or employed in such service,
as the votes of the house expressed, and restrained the governor and council from
drawing it out of the tr<!asury for any other imrpose. Mr. Shirley, to keep the
hous(! in good humour, and thereby to promote liis general design, had submitted to
this invasion. Mr. Pownall for some days suffered a grant, made in this form, to
lie before him; and endeavoured to prevail on the house to depart from tiiis irreg-
ularity; but they were tenacious of it, and he gave his assent, protesting against
the vote as a breach of the constitution. No notice wastaken of this in England,
where there was no disposition to contend with the colonies, nor any apprehension
of serious consequences from the advances made by the people upon the prerogar
tive."—IIittchinmii\s Ilist. Mass., vol. '3, p. ()6.

See notes to act of I7:ll, vol. II., p. 222, ante; and note to 1730, chap. .'5: ibid., p.
574.

Chap. 7. For previous action of the General Court respecting the Acadians
brought into this province see, ante, notes to 1755-56, chapters 23 and 35, and
1756-57, chap. '.». (Vol. III., pp. !)51, 058 and 1055.)

" Junol, 17.")7. In the House of Representatives— Ordered That Col" Williams,
Colo White, t'ol" Quincy, M' Witt & Coll" Worthington with Such as the honour-
able Board shall join, lie a Committee to take under consideration what may lie
ErojK'r to be done by this Court with regard to the late Inhabitants of Noxa
cotia now here;, either by removing them out of the Provini'c, or otherwise dis-
posing of them— & report thereon. In Council— Read & Concurred and .Tohn
Osborne, Benjamin Lynde, John Erving, William Brattle & James Bowdoin Esq™
are joined in the Affair." — Coiinril Iicci»-</s, vol. XXII., p. 16.

"June 2, 17.57. A Petition of Duncan Campbell Esqf of Oxford— Setting forth
that in .January 17o(). The Selectmen of the Town of Newton bound out to him
live Cliildren of sotno of the late Inhabitants of Nova Scotia, that their Parents
followed tlu^m to Worcester where he had placed them; that after some time they
all went away & left him; & That Ho Inis b(;en at considerable exiienco in trans-
porting lh(!m, & subsisting them and praying an Allowance.

In the House of Representatives— Read and Ordered That there bo allowed &
paid out of the Public Tn^asury to the Petitioner the Sum of Forty-two shillings
& tlir(M! pence half penny in full discharge of the Accounts exhibited. In Council
—Read & Concurred.

Consented to by a Major Part of (ho Council." — Ibid., p. 19.

" June 4, 17.")7." Advised & Consented that a Warrant bo made out to the Treas-
urer to pay to Samuel Cliii>man the sura of Twenty-two Pounds five shillings and
n ix'uny to discliarge liis Acco' of Expenccs in cfinveying a number of the late
French Inhal)itants of Nova Scotia from Salem to Sturi)ridge." — Erecutivc Records
of tlio (Joiinril, ml. 3, p. 25!).

' "Juno 14, 17."»7. In the House of Representatives. Ordered That M"" Humphry,
Cah'l) Cnshing Escj"" & M^ Bradbury be of the Committee nppointi'd to consider
what may be jiroper to be done with regard to the French Inhabitants of Nova
Scotia now in this I'rovince in tli(i room of Col" Wliite, Col" Quincy and M'' Witt
who are absmt. Iti (loiuicil — Kcad and C<mcnrred and Ordered That Samuel Watts
I'i: damalirl Bradford ICsci" lie ,ai)pointed in tho room of B(Miiamin Lynde Esq""
who is absent, and .John Chandler Esn'' who desires to bo excused.

In 1li(! House of Ilepresonlativ(\s. Ilead and Concurred." — Council Record.'', rol.
XXII., p. 5:t.

" August 17, 17.')7. In the House of Representatives. Ordered That .Tiidg:i
liiisscli Mr Tyng, M' Gridley. Capt" Dalton and M' Flucker with Su<'h as the
hunourabli- Hoard shall join be a Coiuittee to take under consideration what they

[Notes.] Province Laws. — 1757-58. 97

judge proper to be done with regard to the French Inhabitants of Nova Scotia now
in tliis Province, and Report. In Council. Read and Concurred and John Osborne
liciiiaiiiin Lvndo, Saniut'l Watts and Ezekiel Clioever Escjrs are joined in the
Afiair."—Ibi<i., p. 74.

" Aug' 24, 1757. The Coininittco appointed to take unihsr consideration what
they judge proper to be done witli respect of the Frencli Inhabitants of Nova Scotia
now in this Province— Re[>orted th(!ir opinion that such a luunber uf said Inhabit-
ants as his Excellency the Governor shall judge proper be sent to Admiral IIol-
bourn at Hallifax; & the renmindcT of said Inhabitants be transported to Great
Britain. In Council. Read and Sent down."— Ibi'l., p. W).

" August 25, 1757. In the House of Representatives. Ordered. That the Com-
mittee appointed 21 February last in consequence of the report of the Coniittce
of both Ileuses appointed to wait on his Excellency Gov Lawrence and confer
with him on the Charges this Province has been at in supporting the French Inhab-
itants sent hither by the Government of Nova Scotia be directed to sit forthwith
and prepare the Accounts therein referred to, and report as soon as may be. In
Council. Read and Concurred."— 76i(/., p. 92.

" November 20, 1757. In Council. Whereas the several Committees heretofore
appointed to ascertain the charge— this Government have been at in supporting
the French Inhabitants of Nova Scotia that were s(!nt to this Province, have made
no Rei)ort, and whereas it may be a doubt which of said Committees are to effect
the said busines>;. Voted That Samuel Watts and William Brattle Esq" with
such as the honourable House shall join be a Committee to prepare an Account of
the Whole Charge hitherto arisen by any way or means on account of the French
Inhabitants aforesaid within this Government. And that they seperate the Charge
that has accrued on account of those who came hither from the Southern Govern-
ments in order to be presented to Governor Lawrence for payment agreeal)le to
what passed between his Excellency and a Committee of this Court in February
last; And that the Committee now appointed take an Account of the Effects
brought hither by the French Persons last mentioned, and require an account like-
wise of the Proceeds of any such effects, which have been disposed of by any
persons within the Government, and lay the same before the Court. And that the
said Committee sit forthwith. In tlie'House of Representatives Read and Con-
curred, and Mr Flucker, James Russell Esq' and M' Hall are joined in the affair."
—Ibid., p. 124.

" December 2, 1757. A Petition of the Selectmen of Sherburn and of the Com-
mittee of the Parish of Natick— Praying that Nineteen of the French Inhabitants
of Nova Scotia which have been sent to those Places may be removed to some other
Town inasmuch as they are unable to find them employment where they now are.

In the House of Representatives. Read and Ordered That the Prayer of this Peti-
tion be so far granted as that one Family of the said Inhabitants of Nova Scotia
mentioned be sent to the Town of Southb'orough, and the Selectmen of said Town
are hereby directed to take care of them accordingly viz' the Widow Margaret
Girdo, and her Family being eight in number and that the others remain under
the care of the Selectmen of the Town of Sherburn and the Committee of the Pre-
cinct of Natick. In Council. Read and Concurred.

Consented to by the Governor." — Ibid., p. 130.

Dec. G, 1757. "Advised & Consented that a Warrant be made out to the Treas-
urer to pay unto the Selectmen of Methuen & twenty eight other Towns the sum
of Five hundred & seventy three Pounds Nine shillings & seven pence (to each the
sum respectively due) to discharge their Acco' of Supporting the late French Inhabit-
ants of Nova Scotia, sent hither by order of the Government there, agreeable to
the Schedule to the Warrant Anauxt."— Executive Records of the Council, vol. 3, p.
307.

"January 6, 1758. A Petition of Amos Fuller and Others, Selectmen of the
Town of Needham— Setting forth That there were five of the Nova Scotiau French
People placed there by the Government in 175() instead of which number there
were twelve sent by the Sherriff and one added since, and as their Town is small,
Praving that some of them may be remor\'ed elsewhere.

In the House of Representatives Read and Ordered That the Prayer of this Peti-
tion be so far granted as that the Selectmen of Needham have lil)erty to remove
seven of the said French Persons from Needliam to Stoughton; And that the
Selectmen- of Stoughton be and hereby are directed to receive the said seven
persons so removed under their care. And whereas there are already three of the
late French Inhabitants of Nova Scotia at Stoughton and but two at Wrentham; It
is further Ordered That the Selectmen of Stoughton on rec<;iving the said seven
Persons have leave to remove the aforesaid three persons to Wrentham. And that
the Selectmen of Wrentham lie and hereby are directed to receive the same under
their care. In Council. Read and Concurred.

Consented to by the Governor."- CofouvV Iiprnrd.'<, vol. XXII., p. 196.

" January 10, 1758. Tlie Petitions of Francis Muis a Nova Scotian French Person
placed at Tewkesbury, of Lawrence Muis another of said French Persons placed at
M(^thuen and of John Labradore another of said French Persons placed at Wil-
mington—respectively setting forth the hardshijis and sufferings they undergo in
their present Situation. And iiraying Releif. On each of which was respectively
enterecl as follows viz' In ('ouncil R(!ad and Ordered That James Miuot Esq with
Such as the honourabh- House shall join be a Committee to consider of this Petition
and report what they judge proper to be done in the Affair.

In th(> 1 rouse of Representatives Read and Concurred and Col" Choate and Col"
Bnekiuin-^ter are joined in the affair." — //)/'/., p. 203.

" January 11, 1758. In the House of Representatives. Ordered That Capt" Wil«

98 Province Laws. — 1757-58. [Notes.]

liams be of the Committee on the Petition of John Labradore, and other Petitions
of the like Import in tiie room of Col^ Choat, who is excused from that Service in
Council. Head and Concurred." — Ibid., p. 'J08.

January 1-, 1758. A P(!titioii of Charles Muis one of the Nova Scotian French
Persons, living with M'' Nathanael Ray Tlionias of Marshfoild oomplainiiiji; of the
want of suitable Cloatliiii}?. And iiraying Releif. In Council Head and Ordered
That James ^liuot Esq with such fis the honourable House shall join be a Commits
tee to consider of this Petition and report what they judge proper to be done in the
Affair.

In the House of Keprescntativcs. Read and Concurred and Col" Buckminster
and Capt" Williams are joined in the Affair." — Ibid., p. L'Oli.

"January I.!, IToH. Tlie Committee appointed the 10 Instant on the Petitions of
Francis Muis and other Nova Scotian French I'crsons having maile report, thereon.
In Council. Ordered. That the Secretary write to tlie Selectmen of the respective
Towns to which said Petitioners belong the substance of their sevc^ral Complaints
and inform that the Court exjiect that they conform to the several orders of Gov-
ernment relative to their Sujiport, and that they take effectual care that they be
placed in such Houses as may defend them from tlu; Inclemency of the Season.

In the House of Representatives. Read and Concurred.

Consented to by the Governor." — Ibid., p. 21'J.

" .January 24, 17.")S. In Council Ordered That the Treasurer deliver to the Ageuts
of his Excellency Governor Lawrence in this Province the Accounts of the Cliarge
of supporting .lacques Morris and Others of th(> Comjiany which came hither from
the Southern Colonics, which Accounts are now before the Court, and the Trca.s-
urer is to desire Payment thereof, or otherwise to desire such Ageuts to transujit
such Accounts to Governor Lawrence for his order thereon agreeable to the assur-
ances given to the Province.

In the House of Representatives Read and Concurred.

Consented to by the Governor." — Ibid., p. 2:)7.

March 8, 17.58. " To the Selei'tmen of INIarblehea*! the sum of Sixty two Pounds
ten shillings & sev(!n pence to discharge their Acco' of Ex]ience in Su]iporting the
late French Inhabitants of Nova Scotia, sent hither Ijy order of the Government
there." — Eri'i-u I i rr lipcordft of the Coitnril, rol. 3, p. V>A4.

"March 18, 1758. The Committee appointed to consider of some method to ease
the Pronnce of the Charge of suiiporting the late French Inhabitants of Nova
Scotia now in the Province. Reported according to Order.

In the House of Representatives Read and Accepted & Voted That Dwelling
Houses be ])rovid(;<l for the late Inhabitants of Nova Scotia now in the Province
this Year as heretofore; That the Sick, Infirm and Aged who cannot lal)our be
maintained at the Expeiice of this Government as heretofore; and th;it all able
bodied Ptu'sons Ix; obliged after the 15"" day of April next until the. further Order of
this Court to njaintain themselves and Families. And that the Sclcctnu'U of the
several Towns where they are^ upon, their desin^ Assist them to Employment, and
take care they ar(! not defrauded; and that the Members of the; House be ilirccted
to insi)ect the Circumstances of Age. Intirmity, Sickness, Orphanship, and Ability
of such persons in their respective Towns, and the Towns next adjoining where
there is no Representative and report to this Court at the next Sitting In Council.
Read and Concurred.

Consented to by tlu; Governor." — Cuuncil Rrcord.f, rol. XXII., p. 270.

"March 20, 1758. A Petition of Duncan Campbell Es(i of Oxford— Praying an
Allowance for transporting from Cambridge a number of the French Neutrals, five
of whom were bound to him, & afterwards removed to Dedham, whereby lie is
deprived of their Service.

In the House" of Representatives Read and Resolved That there be allowed and
paid out of the Public Treasury to tlu; Petitioner the Sum of Five Pounds nine
shillings and four pence in addition to the former Allowance made him; and in full
consideration of his keei)ingthe French People mentioned. In Council Reail and
Noneon<'urr(!d.

A Petition of Nathanael Ray Thomas of Marshfeild— Setting forth That he con-
tracted with a number of the French Neutrals to enter into his Service, the time
whereof was afterwards limited by the Council to oni! Year, and gave Bond to th(>
Province Treasurer aei'onlingly. That they are grown very uneasy and insolent,
and (iraying that he msiy bt> diseh;ired of any further care of ihcm, and that his
Bond may be cancelled. In Council. Kcail together with the Petition of the
French Persons above mentioned, and oilier Papers accompanying the same. And
Ordered That .lolin Cnshing Esq with Such as tlie honourable House shall join be a
Committee to inquire into the Affair, aiitl report what they juilge proper for this
Court to do therein.

In the House of Representatives Read and Concurred, and Col" Quincy and
Joseph Cnshing Es(| are joined in the Affair." — /'»'/., /<. 282.

" March 2;i, 17."(8. In ('oniicil V'oted That William ISrattle and .Tames Bowdoin
Esq" with Such as the iionoiirable Mouse shall join be a Coniinittee to wait on his
Exeellenr-y (Jovernor Lawrence to inquire whether he hath received the .Account
of the charge incurred by this Province for the Support of the I''rencli Neutrals
thatcame hither from the Southern Governiueiits; ami in ease he has not received
them to furnisli him therewith, and to desire his Jixccllency that ho would give
orders for the Reimbiirsnient of said Accounts.

In the House of Rcprcsiutatives. Read and Concurred, and M' Tyng, .Judge
Russell, and Col" Lawrence jire joined in the .\ ffair."— /ft/'/., p. 2!>,''>.

".April 21, n."i8. ;\ Mciiiorial of Tlionias llnlchiiison K.si|— Setting forth Tliat in
the Year I75ti ho undertook with leave of the Court the caro of a number of the

[Notes.] Province Laws. — 1757-58. 99

French latb Inhabitants of Nova Scotia and has still ten of them under his care.
That by encouraging them to labour th(\y have been supported without any charge
to the I'rovince, except some small expence for a Doctor, and the Hire of a House
for them to dwell in, whereby there lias been a Saving of One hundred Pound;}
whidi these People would in proportion to the rest have otherwise cost for their
8upi>ort That he is still willing to continue his care of them. And praying that for
the time to come House Kent, not exceeding 5.)/-l ip' Annum may be allowed, or
that they may be put under the cavr. of the Seh'ctmon.

In the House of Kepresentatives I'tcad and Ordered That the Prayer of this
Memorial be granted; yViid that tlieri; be allowed and paid outof the Public Treas-
ury to the Memorialist tlu! Sum of Two Pounds thirteen shillings and four jicMico
Yearly for providing the French Peo[)le nu'ntioiieil with an House to dwell in for
the future, during the time he shall have the said People under his Care. In Ooun-
cil. liead and Concurred.

Coiisented to bv the Governor." — Ibid., 2}- 314.
" April lT), 17r)H". The Committee on the Petitir

ion of Mr Nathan' Ray Thomas as
entered the 2()'i' March last matle the following Ileport viz'

That the Boiul wliich said M'' Thomas gave to the Province Treasurer to indem-
nify the Province and also the Town of I'lyniouth on Account of Charles Muis and
Family, some of the late French Inhabitants of Nova Scotia bo cancelled. And
that ail the said French I'ersons received by M>' Thomas bo removed to the Town
of Easton; And that the Selectmen of said Town receive them and employ or Pro-
vide for them agreeable to the Order of this Court.

Sign'd Samuel Watts \p' Ordei;.

In Council. Read and Accepted, and Ordered Tluit the Province Treasurer can-
cel the Bond of the Petitioner JNP Nathanael Ray Thomas. And that the Select-
men of the Town of Easton receive and employ, or jirovide for the French Persons
now with Mr Thomas agreeable to the Order of this Court respecting such.

In the House of Representatives Read and Concurred.

Consented to by the Governor.

In Council Voted— That Ezekiel Cheever Esq with Such as the Honourable House
shall join be a Committee to dispose of the Boats now lying in Charlstown; in
which some French People came to this Province from the Southern Governments,
& render an account of their Doings therein as soon as may be, And that Rolan(l
Cotton Esq be directed to render an Account of what he has done respecting those
Boats which were left in the Town of Sandwich.

In the House of Representatives. Read and Concurred and James Russell Esq
and M'' Hall are joined in the Affair." — Ibid., p. ;>27.

" Ai>ril 29, 1758. In -the House of Representatives Ordered That the Selectmen of
the Town of Leicester be. and the.v hereby are allowed to remove from said Town '
to the Town of Brookfeild, Jacques Morris with eleven of his Family, part of the
French Neutrals (so called) that were placed there by order of the General Court
in the year 175().

And that the Selectmen of Brookfeild be, and they hereby are required to receive
the said French People under their Care, and to provide for them in the same man-
ner as is directed with regard to the Inhabitants of Nova Scotia now within the
Province. In Council. Read and Concurred.

Consented to liy the Governor." — Ibid., p. .S49.

"June 1, 1758. His Excellency Governor Lawrence has remitted to the Govern-
ment Three hundred and Ninety-four Pounds sixteen shillings and eight pence half
penny as a Sum due from the Government of Nova Scotia on account of the French
Exiles, Subjects of that Government transported hither.

Gentlemen of the House of Representatives.

At this time when the Province is under so many unavoidable and necessary
Burthens, I cannot but recommend to You to consider how far the Charge which
the Government incurs on Account of the French Exiles in this Province nuiy be
avoided. Let the helpless Infant, the Aged, the Infirm, and those whose Duty it
is to attend upon them be sui)|iorted in the same manner, and utider the same Laws
as our own People are. This Pric^e of Labour will well siipjiort the Industrious in
• this Country, let that price be faithfully secured to them; then let those who are
able to work support themselves and their Families, they will soon cease to be a
burthen, they will become happj' and profitable Subjects.

T. POWNALL."

— F.xtrcu-ta from the Govprnors .speech to both hoii.tf.s ; ibid., pp. 3()2 a7id '.Mi:i.

" June 2, 1758. A Petition of Jaques Leblanc, late Inhabitant of Nova Scotia
now residing at Braintree — Praying that his Son who was sent to Maryland may be
allowed to come into this Province and live with him, he procuring goo<l .Security
to indemnify the Province from any Charge that may ac'crue thereby. In Council
Read an<l Ordered That upon Capt" Benj" Beales giving Security to the Treasurer
that the Petitioners Son shall bo sujiported in ease of his Arrival here; witluiut any
charge to the Province, the Prayer of the Petition be so far gi-anted. as that the
Secretary be allowe<l to give a Certificate to the Petitioner, signifying that his Son
may be allowed to come into the Province. In the House of Representatives.
Read and Concurred.

Consented to by the Governor." — Ibid., p. M>.

"June H, 17.58.' In the House of Representatives Voted That Dwelling Houses
be provided for the late Inhabitants of Nova Scotia now in the Province this Year
as heretofore; that the Sick Infirm and Aged who cannot labour be maintained at
the Expence of this Government as heretofore, and tliat all able bodied Persons be
Obliged, until the further order of this Court to maintain themselves and Families,

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

and that the Selectmen of the several Towns where they are, upon their desire assist
them to Employment, and take care they are not defrauded and that tlie Members
of the House be directed to inspect tlio Circumstances of Age, Inlirniity, Sickness,
Orphanship and Ability of such persons in their respective towns, and tlie Towns
next adjoining, where there is no Representative, and where such Return has not
been already made, and report to this Court at their next Sitting. In Council.
Read and Concurred.

Consented to by the Governor." — Ibid., p. 305.

" June 15, 1758. Such of the late Inhabitants of Nova Scotia as have been sent to
this Province have been very chargeal)le to Us. Tliey were transported here with-
out our Consent or knowledge ; JNIauy of them were in danger of pt-rishiug aboard
the Vessells in which they came. No persons hero were authorized by the Govern-
ment of Nova Scotia to sujiport them after thej' were landed. Humanity therefore
Obliged this Government to do it. Endeavours have been used ever since to enable
and compel them to support themselves, but a constant charge has been incijrred
notwithstanding. We will continue our Endeavours to lessen this Charge, ancr We
humbly hope that whc^n the burdens which the Province lies under; and the Ser-
vices pcrformeil i)y it are considered, regard will be had to this as well as tlie other
E.xpences wliich have arisen from liis INlajcsty'.sGenernl Service." — Extract from an
address by the Council and House <>/ Ui'iivi spuidtiri s, to t/w Hocernor, ibid., p. 400.

" June 15, 1758. A Petition of Benjamin Fenno and Otliers Selectmen of Milton —
Setting forth Tliat eighteen of the late rr(mch Inhabitants of Nova Scotia have been
sent to that Town, which they apprehend exceeds their proportion, and praying for
Releif.

In the House of Representativ(iS, Read and Ordered That the Selectmen of Milton
be, and tliey hereby are allowed at the charge of said Town to remove five of tlve
Freiich People now there to the Town of Wrentham, and tlie Selectmen of the said
Town of Wrentham are hereby directed to receive the said French I'eoiilo and to
provide for them as is directed by the Orders of this Court. In Council. Read and
Concurred.

Consented to by the Governor." — Ibid., p. 405.

Dec. 4, 1758. His Excellency having communicated to the Board an Application
■which he yesterday received from Joseph Landrey dated Cape Sables Sejitember
15, 1758 in behalf of himself and about Forty French Families settled there praying
that they may be quieted in their Possessions, as they are willing to take the Oaths
to the Government, and to help Maintain the War against the French King, or if
that may not be that they may be permitted to come and settle in this Government;
His Excellencj' also acquainted the Board that he had communicated the same to
General Amherst who was willing to Transport them hither at the Charge of tlie
Crown.

Advised that his Excellency send a Copy of said Application to Governor Law-
rence, And at the same time Advise him that the Council could not be of Opinion
to receive those People into the Province even although they should be indemnified
as to all Charge that might arise bj' means of their coming hither."— ^>.»;ec((^'i'e Records
of the Council, vol. :>, ]>. 44.'i.

" " Jany 2, 17.51). In Council ViiKumt, one of the Fren(^h Neutrals, (so called)

with his FaTnily having Ixm'u visited with iimrtal Sickness at Groton, and near one
half of tli(! Family dying, thi', nniiaindf^r, in tlu; recess of the Court, removed to the
Family of one of their Relations at Milton, and his Excelleiuiy with the Advice of
the (Council directed the Selectmen of iSIillon to take the necessary care of said

Family until the Sitting of this Court Ordered That Samuel Watts and William

Brattle Esq" with such as the Honourable House shall ai>poiiit, be a Committee to
take the Circumstances of said I'^amily into consideration, to consider of a proper
place for their Residence and mak<^ Ri>port.

In the Trous(! of llei)veseiitatives. Read and Concurred and M"" Stone, M"" Jaza-
niah Tucker, and INP Johnson are joined in the Affair.

A Petition of Joseph D'Autreniont, one of the late French Inhabitants of Nova
Scotia — Praying that He with his aged Father and Mother, and the rest of the
Family now at W.alpoh^ may be removed to Medfeild, whi'r(? others of the same
Family are placcil in order to their Mutual Ease in suiiportiiig their Family in
general, and of i\u-\r said Father and Mother in particular: and that a l''amily of
the same Number may be removed from Medfeild to Walpole. In Council. Read
and Ordered That S;iiiiuel Watts and William I'.rattle l-'sii'" with sncii as the Hon-
ourable house shall join !»■ a Committe<^ to take this I'etilion under consideration
and rejiort what they judge proper to be done thereon.

Iji the II<iuse of Iti'presentativi's Read and ('oneurred and M' Stone, M' .Tnnzaniali
Tu('k(!r antl Mi'-lohnsoii are joined in the .MTair." — Council Records, ml. XX 11., />. 44(>.

" Jan." 'J, 17.5!t. A P.'iitioi'i of Hammond Tiliiilo, one of the late Frem-h Inhabit-
ants of Nova Seotia iibu-ed at Dorchester Praying That some Rcdeif niav be afforded
liim Jiiid his l''amily, they being niialile to pro\ide lliemselves with P.edding and
other things nei-ess;iry for their Support . InCoiineil Read aii<l Onlered That Saiii-
nel Watts and William IJrattle Ksc)''" with such as the hononralile Ilousi> shall j^iii
be a ('ommittee 1o take this Petition under t/onsideration, and report wliat they
judge proper to be doiw^ thereon.

In \\u' House f)f Representatives Read and Concurred and M' Stone, M"" Jajizaniah
Tucker !Uid M'' .lohnson are joined iu the Affair." — /^/f/., p. 447.

" .Ian>' 4, 17.">".t. In the House of Representatives. Orilere<l Tliat the Committ(>e
appointed on the Petition of .Joseph l)".\ntreiiiont iS:"" i:\\n: into their ccnisidi-ration
Boiiie |iroper iTM'lliod for easinu' the ri'o\inee of the Charge aeeruing by ini-ans of the
French Inhabitants of Nova Scotia now here, and report. Iu Council. Read and
Coucurred."— 76/(/., p. 45().

[Notes.] Pkovince Laws. — 1757-58. 101

" January 5, 1759. In the House of Representatives Resolved That there be
allowed to be paid out of the Public Treasury to Jacques Morris the Sum of Sevea
pounds eight shillings and two pence! being the nctt proct^eds jtaid by lloland Cot-
ton Esq into the Treasury on Sale of Certain Canoes in wliich tlie said .Jacciues
Morris and Others came t(') this I'rovince from some of his Majesty's Sontiiern Gov-
ernments. In Council. Read and Concurred.

Consented to by tlie Go\vi-i\or." —Ibid., p. 458.

" January (J, 175'J. The Coiumiltee ou the Petition of Hammond Tibido, one of
the French' Neutrals, so caUcd, as .atcrcd tlie li'' Instant, lia\ ing rcpnrtcd thereon.
In the House of ItepresiMilatives. Rcatl aud Accepted, and Ordered That tlu; Select-
men of Dorchester be directed to supply the Petitioner with Bed, Bedding and
other Necessaries for his Family accordingly. In Council. Read aud Concurred.
Consented to by the Governor.

The Conmiittcc! on the Petition of Joseph D'Autn^mont one of tlie French Neu-
trals so called, as entered •_' Instant made liie f(;Ik)\ving Report viz'

The Committee ar(! of oi>inion that tlie French Family within mentioned at Med-
feikl be removed to Walpole, the same being agreeable to both Towns, and that
the five remaining French Persons in AValpole not of the Family of the Petitioner
be removed to Wrentham, who have no French Neutrals in it.
Sign'd \V. Brattle W Order-
In Council, Read aud Accepted, and Ordered That the said French People be
removed accordingly.

In the House of Representatives. Read and Concurred." — Ibid., p. 4C0.

" January 10, 1759. A Petition of Francis Meuse, one of the late French Inhabit-
ants of Nova Scotia — Praying that He and his Family maybe removed from Tewkes-
bury, where they now are to Salem where they were originally placed by the
Government. In Council. The Board taking into consideration the diffictilties of
finding Employment for the Petitioners in the Town of Tewkeslniry Ordered That
they be removed to the Town of Danvers, and the Selectmen of said Town are to
receive aud take care of them accordingly.

Sent down for Concurrence." — Ibid., p. 473.

"January 11, 1759. In Council The Board appreliending it of great importance
for the Interest of the Province that some effectual measures should Ije forthwith
taken to prevent (as far as may be), any further charge from the French late Inhabit-
ants of Nova Scotia and to render tliem useful Subjects to his Majesty Therefore
Ordered That the honourable Thomas Hutchinson, Stephen Sewall aud William
Brattle Esq™ with such as the honourable House shall appoint be a Committee to
take this Affair under Consideration; and the Committee are to sit forthwith, and
to report as soon as may be: And it is an Instruction to the Committee to send for
divers of the Principal ]SIen of said Inhabitants, hear their Proposals in order to
their Accomodation for their future Support. ■ ,

In the House of Representatives Read and Concurred and M'' Bacon, M>" Tyng,
Capt" Livermore and Col" Lawrence are joined in the Affair."— 76icZ., p. 474.

" April 18, 1759. A Petition of Peter Trahan one of the late French Inhabitants
of Nova Scotia — Setting forth That soon after his Arrival here he found a Silver
Watch in the Road in the Town of Hanover near a House where one other of the
said French People lived, and that he left it with the woman of the House, as
the readiest means for the Owner to come at it, and the Woman acknowledges
the Receipt of it. That a year and half afterwards JNIajor House who had lost a
Watch about the time this was found, and hearing the Petitioner had taken one up
applied to him, who related the whole Affair to Major House, whereupon he sued
the Petitioner and put hitn into Goal, where after having lain four days, he gave
Major House a note for Fifty pounds old tenor, rather than lie aud perish there,
That he is utterly unable to pay said Sum, and praying Relief. In Council. Read
and Ordered That .Samuel White Esq make inquiry into the Facts set forth in the
within Petition and make report at the next May Session.

In the House of Representatives. Read and Concurred

Consented to by the Governor." — Ibid., p. (567.

"April 18, 1759. The Committee appointed to consider the Circumstances of the
French people sent hither from Nova Scotia made the following Report viz'

That no Accounts be allowed for any Charges contracted or arising after the first
day of May next upon the French late Inhabitants of Nova Scotia, saving only for
the necessary Support of such aged and infirm persons as are not capable of Labour
themselves, and liave Relations not able to maintain them, saving also the Rent of
a house for each Family not exceoiling Three jiouiuls \y annum.

That the Selectmen of the several Towns where any French Families are placed,
notify the head of each Family that unless they will undertake to support the Chil-
dren in it, and shall actually provide for their Support, all such Children must bo
bound out to Service. And the Committee are of opinion that upon Neglect of such
Support all such Children without further delay be bound out accordingly.

THie Conjtiiittee arc lintly r of Opinion That any of the French Families who
shall desire to remove from the Towns where they are placed to any other Towns
in the Province in order to procure Labour or Employment for their better Support.,
be at libertj' so to do, first obtaining a Certificate from the Selectmen where they
now are of the number of Persons, their Names and ages in such Family, to be pro-
duced to the Selectmen of the Town to which tliey remove, that in case any of them
shall fall sick in such Town, and shall be unable to bear the charge of it, they he
sent back to the Town from whenr-e they came; the expcnce attending the same to
be advanced by the Selectmen of such Town, and that they be Also at liberty
to returu to such Town, when they desire it, but that no accounts of charge be

102 PROVINCE Laws. — 1757-58. [Notes.]

allowed except only from the Selectmen of those Towns where they are placed by
order of the General Court— "Which is submitted in the name of the Committee

(Signed) T. Hutchus-sox.

In Council. Road and Ordered That the foregoing Report be accepted, and tliat
the Selectmen of the several Towns be, and hereby are directed to conform them-
selves accordingly.

In the House of Representatives. Read and Ordered That the consideration of
this Report and Vote be referred 'till the next May Session.'' — IbuL, p. (JG8.

" June !), 1759. A Petition of Charles Meuse one of the late French Inhabitants
of Nuva Scotia— Setting forth That he is placed at Easton is (iO years old and very
infirm, has with him only his Wife, and a little daughter, that they receive from tlie
Selectmen only three Pints of Skim milk a day, and are in danger of Suffring, and
Praying lleleif.

In the Mouse of Representatives. Road and ordered That the S(>lectmon of the
Town of Easton provide for the Family within mentioned agreeable to the Order
of this Court for providing for the French Neutrals

In Council. Read and Concurred

Consented to by the Governor." — Ihid., vol. XXIII., p. 39.

" October 6, 1759. In Council. His Excellency having acquainted the Board,
that he hath received Information from Major General Wolfe, that there is a corre-
spondence carried on between some of the late French Inhabitants of Nova Scotia
now in this Province, and the French in Canada, and that some of said Nova
Scotians have deserted the Province and got to Canada. Ordered that the Select-
men of the several Towns where any of said People liave been placed strictly
observe their behaviour; And that they return as soon as possible into the Secre-
tary's Office perfect Lists of all such French People as are now in their respective
Towns, and also of such as they have any reason to think have removed out of the
Province, or have any way's absented themselves from the Towns whore tliey have
been placed by the Government. In the House of Representatives Read and Con-
curred

Consented to by the Governor."— /6/d., p. 70.

"October 19, 1759. The Committee appointed the 17'h instant to take under con-
sideration the State of the French Neutrals residing within this Province liaving
made Report. In Council. Read and Not accepted. And Ordered That the Select-
men of the several Towns where there are any of the late French Inhabitants of
Nova Scotia, now residing, do within thirty days return into the Secretary's Office
upon Oath perfect Lists of the Names, Ages and Circumstances of all Such, and of
their capacity for labour according to their best Judgment: And that if the Select-
men of any such Towns shall neglect to return Lists as aforesaid, no accounts of
charge which they shall hereafter liring on Account of such French People shall be
allowed. And further Ordered That this resolution be published in the several
Boston News Papers, and that it be likewise printed soperately, and Copies thereof
delivered to the several Members of the General Court.

In the House of Representatives. Read and Concurred. Consented to by the
Governor." — Ibid., p. 110.

"Nov. 3, 1759. To Docf Ezekiel Herscy the sum of One Pound nine shillings to
discharge his Acco' of Medicines and Attendance for the late French Inhabitants of
Nova Scotia (sent hither by order of the Government there) placed at Hinghani." —
E/mttiva Jiecords of the Council, vol. 4, p. laO.

"January '25, ITfiO. The Secretary by Order of his Excellency the Governor
delivered the following Message to the two Houses respectively viz'

Gentlemen of the Council & House of Representatives Sensible of the very heavy
and ill reguhited Expenco which the Province is at in maintaining the Froncli
Inhabitants exiled from Nova Scotia and sent as such into this Province, and of
which Expeiic(^ there seems no end— I liave taken the the pains to make a particular
Examcn of tin; state and circumstances of this matter, which I lay before yon and
recommend to your serious consideration.

You will soo that the total number ____l8 1017

Of which thori^ is able to liabour

Incaiiable of Labour by reason of old Ago (iO, years old & upwards

Incapable of Laliour by Sickness &•=

Chihlron tuidcr 7 vears old

Children capable of being put out from 7 to 14 years old-
Employed in attending and nursing the Sick and lufants-

llpon this Vein I cannot recomtnend to you any thing better than what I did in
my Speech to the Great and General Court on the first day of Jun(^ nM. ' Let the
' helpless Infant tlie Aged the Infirm and those who.se duty it is to attend upon them
'bo supported in the same manner and under the same Laws as our own Peojile
'are, liin Price of Laliour will well support the Industrious in tliis Country, let
'that jiricd Ik; faithfully secured to them, then let those wlio are able to work
'supiiort themselves and their Families, they will soon cease to be a burthen; they
' will become liappy and profitable Sul)jects '

T: PowNAi.t..

In tlie Hotise of Representatives Read and Ordered That the Connnittec of both
Houses appointed to consider the State of the French Neutrals take this Message
under consideration and make report.

In Coinicil. Read iiiid ('on< iirred."— r.>?/»)c;/ hWnnlx, ml. A'AV//., p. 210.

"Jan. 29, KCO. .\<lvised and Consented that a Warrant be made out to tho
Treasurer t<. fiay unto the Selectmen of the Town of Boxford and fifteen other
Towns the sum of lour Imndrcil and Seventy eight pounds two shillings and nine

[Notes.]

Province Laws. — 1757-53.

103

pcnco, to each the sum respectively due to discharge their Accompts of Exiieiicc on
the kite French Inhahitiints of Nova Scotia agrccahlo to the Schethile to tho
Warrant ai\no\L'd."—Kfect(tice Rcciirds of the Council, vol. 4., p. UV-'k

" February 7, ITtiO. lu tlio House of "Representatives Wliereas an Order issued
from the (Iroat and General Court the !'.)"> of October last to the Selectmen of those
Towns when; any French neutrals were then residing enjoyning them in thirty days
to return into tho Secretarys OlVice upow Oath perfect Lists of the Names Ages &c :
of all such and of their Capacity for labour according to their best Judgment And
it was Resolved thereupon, that if the Selectmen of any such Towns should neglect
to return Lists as aforesaid, no Account of Cliarj'es which they might bring in on
Account of such French reojile should be allowed.

And Whereas it Appears that Notwithstanding the due Attention of the Relect-
uicn of some of the said Towns to the saitl Order of Court some Returns have not
been brought in by reason of Accident within tho time limited.

Tlienifore Voted That such Selectmen have still leave until the eleventh day of
February Current to make their Rettirns and their Towns bo intitled to the same
benetits as if they had been given in by the time limited in the former Resolve, the
above Order of Court notwltlistanding
In Council Read and (/oncurred
Consi;nted to by the Governor." — Conncil Records, vol. XXITI., p. 254.

" April 1!>, 17()0. The report of the Committee on the Affair of the French Exiles
from Nova Scotia, having l)een Yesterday read in Council and sent down.

In the House of Representatives Read and Accepted and thereupon resolved,
That in order to prevent the extraordinary expence which this Province have been
and still are at in supporting the French I'eople late Inhabitants of Nova Scotia
ever since their Arrival they be divided and proportioned to the several Counties in
the Province according to what each County pays to the Provinco Tax, spet-ial
Regard being had to the Ages and circumstances of the Persons as well as their
numbers so as that no one County may be more burthened than another, their
ability being considered, and that a Committee be forthwith appointed by this Court
to make the proportion aforesaid.

And it is further Resolved that when the division aforesaid is made, each Countys
Proportion of said French People be Subdivided to the several Towns and Districts
in the respective Counties according to the rule aforesaid. And that a Committee
W. appointed of the Members of this Court in each County or such others as this
Court shall appoint to make the projjortion, and that the Removal of the said
French People be made by order of said Committee at the Cliarge of tho Province.
And that said French People so removed be under the care and charge of the Select-
men of the several Towns and Districts and be Subjected to the Laws of this Prov-
ince relating to the Poor

In Council Read and Concurred

Consented to by the Governor." — Ibid., p. 339.

" April 2t), 1700. The Committee appointed the 2''>^ Instant to divide and propor-
tion the late French Inhabitants of Nova Scotia to and Among the Several Counties
in the Province made the following Rejiort viz' That the Number of the French
Exiles now in the Several Counties of this Province and the Proportion of them to
the several Counties according to the Rule prescribed is contained in the Annexed
return, and that they be disposed of accordingly.

Now in ye

County.

Just
Propor-
tion.

Over.

Under.

Now in ye County.

Just
Propor-
tion.

Over.

Under.

Suffolk .

Ksscx .

Middlesex

Hampshire

Worcester

riytnouth

Barnstable

. 201
. 227
. 274

! 135
. 136
. 14

284
20S
151
67
93
89
40

19
123

42
47

83 i

Bristol . . 61
York . . 21
Dukes County, -
Nantucket . 36

85
61
11
16

24
40
11

1,105

251

In Council Read and Accepted.

In tho House of Representatives Read and Concurred and for the Services above
mentioned the following Gentlemen are chosen Committees for the Several Counties.
The Charge to be borne as this Court shall order viz'

For the'County of Suffolk, M' Tyler, Cap' llumphrys, Ca]>' Metcalf ;

For the County of Essex, M"" Hivrginson, Major (hishing, >!■■ Phillips;

For the County of Middlesex, M''Hussell. Cap' I,iverinore, Col" Prescot;

For the County of Hampshire, Col" Partridge, Mr JIawley, M' Enos Nash;

For the County of Worcester, Col" Ward, Cap' Richardson, M' Davis;

For the County of Plymouth, Col" Claj), Col" Watson, Cap' Howard;

For the County of Barnstable, Col" Cotton, Cap' Bacon, M'' Stone;

For the County of Bristol, Col" White, Cap' Akin. M^ Walker;

For the County of York, Nath' Dimnel Esqr, M^ John Lord jun',

M' .Tohn Wheelwriu'ht, Jeremiali Powell Esq"";

For Dukes County, Col" Newman, M' Nath' Hancock, M"" Matthew Mayhew;

For Nantucket County, Mf Folger, Cap' Obed Hussey, M"" Richard Cotlin;

In Council Read and Concurred and the following Gentlemen are joined viz' —

lO-i PnovixcE Laws. — 1757-58. [Notes.]

For Suffolk, Samuel "Watts and Benjamin Lincoln Esq";

For Essex, Benjamin Lvndc and Ichabnd Plaistead Esq";

For Middlesex, Saraucl'Danfortli and William Brattle Esq";

For Hamjishire, John Woithinjiton Esq'';

For Worcester, .Tolin Chandler Esq'':

For Plymouth, Gamaliel Bra<lford Esq'';

For Barnstahle, Silvanns Bourn Esq'';

For Bristol. George Leonard Escj';

For York, John Hill and Richanl Cutt Esq";

For Dukes County, ISI'' John Sumner;

For Nantucket, Josiah Coffin Esq'';

Consented to by the Governor." — Ibid., p. 374.

" Juno 5, 17(iO. In Coumdl, Whereas, Since the Resolve of the Court, of Ajiril the
19"» last for i^reventing the extraordinary expence which this Province have been at
for supporting the French Peoj^le late Inhabitants of Nova Scotia. It appears that
many of said Inhabitants are desirous of continuing in the Places where they now,
are, and some of them being in Places whereuuto they are not destined with an
Assurance that they will supi>ort themselves, and Families witliout any Expence
either to the Province, or any parriiular Town. Voted That such of saiil Inhabitants
as are so disposed have Liberty to be in any Towns within this Province i^rovidcd
they maintain themselves and Families, and! neither the Province, or any particular
To'wn be at any Charge for rheir iUij^port. Provided Nevertheless, if any such should
by Sickness or other' unavoidable Accident, Ijecome Chargeable, such Charge shall
be borne by the particular Town whcreunto they were or shall be destined, by the
respective Committees of this Court specially appointed for that purpose.
Sent down for Concurrence." — Ibid., p. 40;i.

" Sept. 6, 1762. Cap^ Brooks who lias the direction of the Transports with French
Neutrals presented a list of Men, Women and Children amouuting to 40 Persons
who are Sick.

Advised That his Excellency permit the said French Neutrals to go on Shore at
Point Shirley, with the ai>|)robation of the Selectmen of Chelsea or one of them,
there to remain until further order.

The Governor laid before the Council an extract of General Amhersts letter con-
cerning the Accailians lately arrived from Nova Scotia and desired their Advice on
the Sul)ject thereof.

The Council was Unanimously of opinion that as the Assembly is to meet next
Wednesday It would be proper to refer the consideration of this Business to the
General Court, And that as this Province has already been at great expence in pro-
viding for Acadians heretofore; sent to it to the amount of £('>00O. Sterls which has
never been rejiaid, and the Memory of this Exjience is fresh, It would greatly facili-
tate the Assembly's coming into proper measures for the taking care of these People,
until they can lie returned, if the fiovc^rnor coidd lay before them an assurance
from General Andierst, that a Commissary v\'ill be appointed to pay all charges, or
if the Province is desired to undcrtak(; it. that it will be reimburseil, An<l it is aiv
prehend(Ml that w ithout some such assurance this Business will nu»et with great
difticulties." — ExcciiHrc liicovdi' of l/io Council, rol. r>, p. 17.'i.

" Sometime ago a number of Transports having on board more than Six hundred
French Acadians came into this I'ort; and with them came a Letter from Lieuten-
ant Governor Belcher to me, shewing the Tu^'cessity he was under to remove these
French from his Province in the jiresent dangerous situation of it; and desirinjj
that they might remain on board the Transports in this Harbour until Generiu
Amhersts pleasure should be kiu)wn.

That the Lieutenant Governor of Nova Scotia was quite oblig'd by the imminent
danger whi<'h thrc^atned that Province by the French gaining a strong Post in the
neigldjourhood of it, to remove those Peojile from out of it.

Thiit common humanity requires that these People most of whom are quite
blameless, and all of which whatever their expectations may make them now, will
probably after the conclusiou of a Pcikc. become good British Subjects should not
lie driven from Port to Port at the apjiroach of the severe Season of.tho Year.
Upon these considerations, I must recommend to You to jirovidc a temporary
Settlement for these Pertjile, leaving to You to determine in wliat maimer and by
what means it can be most conveniently done."— K.rtraft from Ouv. Jhnninl's Kpccik
to both Jfoii.ifs. Srjit. h\. 17(J'-', Coiniril n"'roril.<<, rol. XXIV., 'p. 474.

" Aug. 17, 17(i:5. .\dvis(!d That the Secretary cause the Accounts to bo drawn out
for the Siqiport of the French Accadiaus r<'moved from Nova Scotia at the ojiening
of the ^^'ar, and that it be transmitted to the Agent properly Authenticated, that
he may solli<'it a reimbursmeiit of th(> charge.

And That th(! .Secrc^lary and M'' Bowdoin )irepare the drafli of a liCtter to the
Agent on the Subject." — AVrcMO" re Ilrronl.^t o/ tin- Coiincil, rol. .'>,/'. -71.

" Aug. '-'4, 17('>.'l. His Excellency ha\ing laid before the Board an Ajiplication
from a Niiirdier of the French Accadiaus for a Pass]>ort for about iKt piTsons in the
whole to go to the Island of S' Peters lately ceded to France. The Beiard having
taken the s.aum under consideratifin were of Opinion, that it was not expedient at
this tiiiu! for his Excellency to Grant Passports to any of thos(^ People to leave the
Province, and that it wonhl be adviseahle not to do any Public .Act concerninR
them, nntill Orders shall be receiv(!d from ICngland, in what maiuier they are to be
tnrited and b iw to be dis]iosed of.

Dr.ift of a Letter to the Ag(>nt accompanying Account of the French Aceadiana
Advised to."— Ibid., i>. -'7_*.

[Notes.] Phovince Laws. — 1757-58. 105

" .Tan. 18, 17W. The Secretary went down to the Ilonse of Representatives with
the following Messase from liis Excellency the Governor viz'

Gcutlonieu of the House of Representatives.

I hereby lay heforo you a translation of a I'etitiou delivered to me by the
Acadians, called FrciichNeutrals, now residing at Boston. The Case of these peo-
ple is truly deplorable: They have none of thera had the Small Pox, and they
depend upon their daily labour for their Bread. If they don't go about the Town
to work, they must starve if they do go about they must contract the distemper,
and as they are crouded in small Apartments, and wanting the necessaries of Life
they wont have a common C'liance to (jscape ]ierishing. I have in Council advised
with the Selectmen, who have consulted the Overseers of the Poor, and they are of
Opinion that they have not a power to relieve them. I am therefore obliged to apply
to you to help to save these People. If you will furnish them with Provisions, I
wiil order them into tin Barracks of the Castle; and as soon as they have been
there long enough to appear to be free from the Distemper, th(>y will get adniision
into other Towns and tind Work which at present, as is apprehended would be im-
practicable.

Fra Bernard." — Council Records, vol. XXV., p. 131.

"January 18,1764. In the House of Representatives. In answer to his Excel-
lency's Message of this day relating to the Acadians. Resolved that his Excellency
be desired to order all the Acadians now residing in Boston to be removed to the
I5arracks at the Castle, and tliat they bo there Subsisted nntil the fifteenth day of
Feb.^ next, and the charge thereof to bo borne as this Court shall hereafter Order.
In Council Read and Concurred Consented to by the Governor."— /6/'J., p. V-ii.

" Dec. 10, 17G4. His Excellency the Governor having communicated to the Board
an application he had received from some of the French Acadians who had come to
Boston in order to take passage for some of the French Islands, and are now desti-
tute of all means of Support.

Advised That his Excellency recommend to the Overseers of the Poor of the
Town of Boston to make particular Inqniry into the Circumstances of those People,
and to take an account what Towns they came from, and the Numbers from each
Town, and that a Sum not exceeding £_'5 be advanced to the Overseers for their
present Support and that they be desired to devise means for putting an end to this
Charge by returning them to their respective Towns if possible and to prevent any
more of them from coming in; and to lay some State of the Affair before his Excel-
lency and the Board on Wednesday next.

Advised and Consented That a'Warrant be made out to the Treasurer to pay
unto the Overseers of the Poor of the Town of Boston the sum of Twenty-tive
pounds to enable them to support a number of French Acadians now residing in
Boston undernecessitous Circumstances." — Executive Records of the Council, vol. 5,
p. 'dia.

" Jan. 2.3, 1763. His Excellency having acquainted the Board that he had received
fresh Application from some of the French Acadians now in Boston for relief under
their present distressed Circumstances which his Excellency intended to lay before
tlie House to-morrow, but that their Circumstances require immediate Relief.

Advised That the Overseers of the Poor of the Town of Boston be desired to con-
tinue their Care and provide things necessary for their Support until the House of
Representatives shall take some Order in the Affair." — Ibid., p. 351.

" Jan. 24, 1765. The Secretary delivered the following Message from his Excel-
lency the Governor to the two Houses respectively viz* —

Gentlemen of the Council, and Gentlemen of the House of Representatives.
About three Months ago, I was first informed that the Acadians belonging to this
Province were going hence in large Numbers to form a Settlement in French His-
naniola. As I have all along considered these people to be British subjects, and
have some time ago submitted their case to his Majesty's Ministers of State, and
prayed their directions concerning them I could not suffer these Emigrations to be
carried on under my Eye. tmtil I had received Orders therefor froir^ home. I there-
fore with the Advice of the Council issued a proclamation to prevent these trans-
portations. Since which I have received several Petitions from them complaining
of the want of subsistence here. With the Advice of the Council, I procured them
some relief for the present until the General Court met: I now lay before you their
petitions, with other Papers relating thereto, and desire your advice and assistance
concerning these People. Their case is truly pitiable: if they go to Hispaniola,
they run into certain destruction V(>ry few escaping with life, the Effects of the bad
Climate there and yet they have no Encouragement to continue in this Country.
Humanity more than policy makes me desirous to prevent the remainder of them
taking this fatal Voyage: I want not so much to make them British subjects as I do
to keep them from perishing. The first consideration must be to provide them
present subsistence: after which I should be very glad, if means could be concerted
to prornrc them somewhere some comfortable .settlement that they may not be
obliged to pursue the desperate Resolution of removing to Hispaniola with little
proLiabilitv of surviving the Experiment.

Fra Bernard."— Co?/nci7 Record.^, vol. XXV., p. .350.

" Jan. 26, 1765. In the House of Representatives. Upon his Excellency's Mes-
sage of the 24'h Ins' Ordered That M' Otis, M"" Witt, Col" Williams Judge Russell
& M' Foster of Plymouth with such as the Hon'''c Board shall join be a Committee
to take the Message and the papers referred to under consideration & make Report.

In Council, Rea<l & Concurred; and Benj» Lyndc, William Brattle, John Choate
& James Otis Esq" are joined in the affair." — Ibid., p. 358.

" Feb. 2, 1765. The Committee appointed the IVfi^ Instant on his Excellency's
Message of the 24'*' respecting the French Accadians made Report that a large num-

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

ber had left the Towns where they were placed to come to Boston in Order to take
passage to the West Indies, and some had disposed of their provisions & necessary
Utensils, and lost ninch time in preparing for their removal, whereby they are
brought into very necessitous Circumstances; and remain still averse to continue
in the Province, so that it would he to no purpose to offer them Lands to settle
on: Whcn'fdre the Committee reported as their opinion, that some Assistance be
afforded to such of them as are so circumstanced to relieve and support them dur-
ing the two following Months.

In Council, Read and sent down to tlie House.

In the House of Rein-esentatives, Read and not accepted." — Ibid., p. 375.

" Feb. 5, 1T()5. Katlianiel Rupes Esq^ from the Board went down to the House of
Representatives with a Message to inquire if they had passed on the Report rela-
tive to the French Accadians If not to desire that the House would immediately
take it into consideration as the Board imagine that those people are iu a suffering
condition." — Ibid., p. ;JS.'>,

"Feb. 15, 1705. In Council, "Whereas it has been represented to this Court, that
since the removal of a number of the late Inhabitants of Accadie out of this Prov-
ince several of the Towns where the late Inhabitants of Accadie were placed by
order of Court do not consider themselves under the same obligations as heretofore
to provide for the Support of such as are in poor and indigent circumstances.

Resolved That it is the Incumbent duty of th* Towns where the said late Inhabit-
ants of Accadie have been placed to provide for the relief of such as are in poor
& indigent circumstances until a new apportionment shall be made or this Court
shall take further order concerning thetn.

In the House of Representatives, Read and Nonconcurred." — Ibid. p. 407.

" February l(i, 17<)5. In the House of Representatives, Resolved That the Acca-
dians now in this Town, that by a former order of this Court are Inhabitants of
other Towns witliin this Province, and are now subsisted, thro' their necessity at
the public Charge, be further allowed at the charge of the Province four days pro-
visions more here in order to prepare themselves for their removal, as also neces-
sary provision to support them in their Return to the several Towns to which they
respectively belong, allowing eight miles for a days travel. And that at the expira-
tion of tlu! s'' four days all such Accadians be immediately sent to the Towms to
which they belong, and that the charge of the Transportation of such of them as
shall be unable to travel be paid out of the ]iublic Treasury. And that the Com-
missary (Jeneral be directed to supply the said Accadians with the aforesaid allow-
ance of jirovision, and to see to the Execution of this order in regard to their
Removal to their several and respective Towns. — In Council, Read and Concurred
Consented to by the Governor." — Ibid., p. 415.

" Mar. U, 17()5. a Petition of John AVhite — Setting forth That ho is one of those
unhappy people who were taken from their native Country and brought hither dur-
ing the last War that ho was an Inhabitant of ISIenis in Nova Scotia and upon his
being sent hither placed with othcirs in Falmouth in Casco Bay where they are
charged with public charges which adds greatly to their distresses. And praying
that they may be excused from paying such Taxes until they shall get into a way of
business to i)rovide for themselves and Families.

In tlu! House of Representatives (February 25">) Read & Ordered that the Assess-
ors of the said Town of Falmouth be directed to abate all the Poll taxes heretofore
iuqxiscd upon all the French Neutrals so called living in said Town. In Council
(FcliV liTtii) Read and Concurred. Consented to by the Governor." — Ibid., p. 4(i8.

" Oct. .'), 17()5. It being represented to His Excellency in Council that there are a
luimlier of tiu! French Accadians belonging to other Towns now in the Town of
Boston in a suffering condition. His Excellency laid the same before the Board for
thcnr Advice.

Advised, Tliat the Overseers of the Poor of the Town of Boston, take the like care
of th(i sick and necessitous among tliem as of other i>oor People, and lay the Ac-
coMiiis hclnrc the Govi'rnor and Council, and the said Overseers take an Account of
the Towns liic said French people were placed in, that justice may be done in reim-
bursing th<^ said t-si>vuri'."—E.iec'itirc Ii'cunl.i if' t/:r ('■luitd/, 17(i,V1774. /<. 54.

"March l'_', 17ii(l. Advised and Conseuled that a Warrant lie made out to the
Treasurer to pay unto the Hoii''ii' Royall Tyler Ksi\<' the sum of Scvcntei'n Pounds
eleven sliilling.s and ten iience half p<Miny, lo disi'liarge his account for sundry
expen(!eson the French Neutrals, Doctors I3ills &c by order of the Goveruor and
Counr'il.

.\(lvised and Consented that a Warrant be m.ade out to the Treasurer to pay unto
Benjamin ClarUe the sum of Fourteen Pounds thirleen shillings and four pence, to
diseiiarge his account for IJeiit of a House eleven months, for tiie French Neutrals."
—lbifl.,i>. 100.

"Oct. Jl, 17i>7. It a|)pearing that Ann Meurs a late French Accadian has not
been assigned to any Town and tli(^ saiil Ann appearing to bo in a sickly state & as
■he savs incapable of supporting herself.

■Advised and Ordered that the Select Men of Salem where she now dwells bo
directed to lake suitable care of her as one of the rrovince Poor \- transmit their
a<(oniits to the Secretarys Ollico to bo laid before the Governor and Council for
))avmelit." — I bid., ;>. ■_'5'.l.

•'.Inly IJ, 17ti!i. To th(> Selectmen of the Town of SahMii the sum of Nino
Pounds eleven shillings \' Wvo ]ience to discharge tlicir account for musing &
attendance on (Uie Ann Mears a French Neutral by order of the (Jovcrnor and
Council."— //j((/., p. 41!).— See, also, 17li()-(37, eh. 17, and note, yinst.

Chap.S. " Aug' 24, 1757. In the nouso of llcpreseutatives Voted. That there

[Notes.]

Province Laws. — 1757-58.

107

be granted and paid out of the nuhlio Treasury to his Exeelloney Tliomas Pow-
nall Esq"" Governor in Cheif of tliis rroviuce the Sum of Three luiudrcd Pounds
to defray the Charges of transporting his Equipage hither. In Council — Kead and
Concurred.

Consented to by the Governor." — Connril Rrcordx, vol. XXII., p. 89.

" P. S. Post ftierid" 1 am tliia moment aiMpiainted that tlie House have voted mo
£.")00 Equipage Jloney and intend to grant my supjiort P>ill from the first of May
last tho' it he a qiiarter of a year before my arrival, a tiling never Ix^foro d()n(! to
anj' Governor as I am told, for they always dated the supply from tho day the Gov-
ernor published his Commission in the (iovcn-nment." — Kxlnwt from a h'Uvr of Gov.
Pownall to the Board of Trade, Aug. 20, 1757 : "Mass. Buy, B. t.," Vol. 75, /. i.,S, in
Public-Record Office.

Chaj). 9. " December 31, 1757. A Petition of Jonathan Belding of Northfeild in
the County of Hampshire Setting forth that in the Spring of the year 1753 he turned
out n. black Mare into tlie Commons belonging to said Town that She strayed away
in the Summer, and in the Fall of said year was taken up as a Stray l)y one Aaron
Cook of Hadley, whereupon one George Patterson of Pelliam claimed her, and
said Cook accordingly delivered her to him, who kept her about three years, and
then sold her to one Nash of Hadley who afterwards sold her to one Abner Howe,
in whose possession said Mare was, when the Petitioner first, discovered lier. and
knew her to have been his own. But inasmucli as more tlian thrcH! years have been
elapsed since said Patterson tirst had her, he apjirehends he is barr'd from bring-
ing his Action for the recovery of said Mare — And prays Peleif.

lu the House of Reiiresentatives Kead and Ordered That the Prayer of the Peti-
tion be so far granted, as that the Petitioner be and hereby is allowed and im-
powered to bring and maintain bis Action for tlie Recovery of his Damages for the
Trover and Conversion or Detinue of the Mare which he says he has lost anything
in the Act of Limitation of Actions to the Contrary Notwithstanding. In Council.
Uead and Nonconcurred."— Council Records, vol. XXII., p. 186.

Chap. 12. The following list, compiled from the executive records of the Council,
of persons against whom commissions in bankruptcy were issued under this act is
believed to be complete. Against each name is placed the date of tlu; order in
Council advising the issue of a commission; and the names of the petitioners, and
of the commissioners appointed, are also given in parallel columns.

Bankrupts.

Date of advice
to issue commissions.

Petitioners.

Commissioners
appointed.

Francis Wells

ami
Francis Wells, Jr.

October 27, 1757.

Ebenezar Storer.

Thomas Hutchinson,
Ezekiel Goldlhwait,
Joscpli I.ee,
John Wendell,
John Winslow.

Thomas Jackson, Jr.

November 3, 1757.

Grace Gardner.

Jeremy Gridley,
Foster Ilutcbinson,
James Boutineau.

Ilenry Atkins

and
Henry Atkins, Jr.

December 6, 1757.

John Spooner.

Joshua W^inslow,
James Boutineau,
Nathl Bethune.

James Swift.

December 6, 1757.

Timothy Thornton.

Thomas Greene,
James Boutineau,
William Skinner.

Edmund Quincy and

Sons.

December 21,1757.

John Tudor.

Jeremy Gridley,
Foster" Ilutobinson,
Thomas Flucker.

Cord Cordis.

December 21, 1757.

Oliver Wiswall.

Foster ITutchinson,
James Boutineau,
Joseph Green.

John Bryant.

December 21, 1757.

Joseph Cook and
others.

Henry VasHalj,
Kaljih Ininan,
Samuel Wliitlemore.

Thomas Loring.

December 31, 1757.

Francis Barker.

Benjamin bincolii,
Samuel Cubliini,'.
Ezra Whitmarsh.

Ebenezcr I'rout.

December 31, 1757.

John Faycrwcather.

Samuel Wentworth,
John Uowe,
William Skinner.

Uczekiah Blanchard.

January 4, 1758.

Ebenezar Ilamden.

Samuel Wentworth,
.Tolin Uowe,
William Skinner.

108

PiiovLNCE Laws. — 1757-58.

[Notes.]

Bankrupts.

I)ate (if advice
to issue conimiBsions.

Stephen Whiting.

John Ward.

Walter Logan.
John Oliver.
Jonathan luring.
Thomas Wallier.
Abiel Richardson.
Joseph Grant.
MoBCs Deshon.
John Richardson.
John Phillips.
Ilugh Vans.
Uificld Lyde.
Benji' Colman

and
Nathl Sparhawk.

Thomas Whiting.

February

2S,

1708.

Jeremiah Osborne

March

iv.-.s.

nnil
Samuel Oslwrne.

Thomas Cooper.

March

1708.

Samuel llanoH.

March

10,

170S.

Hiunucl HitvIhs.

March

10,

1708.

Henry B« rry.

.\pril

1758.

January

February

January

February

4, 175S.
5, 170S.
1.5, 170S.

5, 170S,

6, 1708.
6, 1708.
6, 1758.
6, 1708.
6, 1708.
C, 1708.
6, 170S.
6, 1758.
6, 1708.
0, 1708.

14, 1708.

John Irving .-mil
others.

Jacob Wendell.

James I'itts.
Stephen Kent.
Henry Cromfield.
John Noyes.
Josiah Torrey.
John Tudor.
William Bowdoin.
Nathl Greenwood.

Joseph Scott and
others.

Jacob Wendell.

Charles Paston.

Pir William Pcppcr-
rill IJaronut.

Kamuel Pexter

and
John Gould.

Foster Hutchinson.

Alexander Hill

and
John Soley.

Joshua Cheever.

Samuel Bl.inchard.

Samuel Emmcs.

ComraissionerB
appointed.

Foster Hutchinson,
Jc.s.pli l.ee,
John W^endell.

'Jacob Fowle,
♦Joseph Bowditch,
♦WilUam I'ynchon,

John Xutting,
t-aniuel t'urwen,
Isalhaniel Hopes.

Foster HutchiDson,
.Tames Boutineau,
William Skinner.

Henry Vassall,
Italpli Inuum,
James KuBsell.

Artemus Ward,
Samuel Witt,
Henry Barnes.

Foster Hutchinson,
James Boutineau,
Joseph Lee.

Henry Vassal!,
Bal)ih Inman,
Samuel Si)arhawk.

Fo.=tcr Hutchinson,
Joseph Dow.se,
William Skinner.

Joseph Powse,
.Tames Boutineau,
Nathaniel Hatch.

James Boutineau,
Joseph Lee,
Nathl Hatch.

Foster Hutchinson,
Jdseph Dowse,
William Skinner.

Foster Hutchlnsor,
Joseph Dowse,
William Skinner.

Joseph Green,
Joseph Dowse,
Nathl Hatch.

John Hill,
Richard ("utt,
Daniel Moullon,
James Russell,
Benj:> Austin.

John Foye,
Jonathan Sewall,
John Remington.

Josej)h Dowse,
.los.uh Lee.
Nathl Hatch.

M'illlam Skinner,
Joseph I>owsc,
James lioutineau.

I•^lst<•r Hutchinson,
William Skinner,
Nallil Hatch.

Foster Hutchinson,
William Skinner,
Natbl Hatch.

John Wendell,
William Skinner,
Nutlil Hatch.

• Resigned.

[XOTES.]

10!)

Uankrcpts.

Date of advico
to issue commissions.

Petitioners.

Commissioners
appointed.

John WcudcU, Jr.

April

8, 1753.

Jeremiah Green.

James Boutineau,
William Skinner,
Nathl Hatch.

Abraliara Uoundy.

May

26, 1758.

Uuldah Basset.

John Tasker,
15eiij;i Bodcn,
Nathan Bowen.

David Goldthwait.

June
August

29, 1758.
1, 175S.t

Hannah Goldthwait.

*nenry Gibbs,
John Turner,
Joliii Gardner,
Joseph Blany.

David Simonds.

Juno

29, 1758.

William Hall.

Joseph Dowse,
M'illiam f^kiimer,
John Wendell.

Jamcii Ilayward.

June

29, 1758.

Benjamin Edwards.

Benjamin .Johnson,
Steplien Uall,
Zechariah Poole.

Saraucl Catcbc'ldor.

June

August
October

29, 1758.

1, 17.i8.t
9, 1758.t

Josiali \\'hitc.

♦Henry Gibbs,
*.Iohn'Tunicr,
John Gardner,
Joseph Blany,
Daniel Epes, Jr.

Eno8 now.

June

29, 1738.

Solomon Mills.

.Tohn Wendell,
William Skinner,
Nathaniel Hatch.

Joseph GrifQn.

August

1, 1758.

Ebenezer Hawks.

John Taskcr.
Benjamin Bowden,
Nathan Bowen.

Samuel Gray.

August

1, 1758.

John Coflin.

John Wendell,
Joseph Dowse,
Nathaniel Hatch.

Benjamia Eaton.

August'

1, 1758.

Jonathan Gibbs.

Joseph Buckminster,
John Jones,
John Noyes.

David Miller.

August

1, 1758.

John Miller.

George Watson,
Thomas Foster,
Capt. Ebenezer Sprout.

Thaddeus Wyraan.

October

9, 1758.

John Wyman.

Andrew Boardman,
Kalph Inman,
Samuel Whittemore.

Giles Tidraarsh.

JTovember

21, 1758.

John Box and
Benjamin Austin.

Nathl Hatch,
William Skinner,
John Wendell.

Thomas Stevens.

November

21, 1758.

Benjamin Lynde.

Joseph Gerri.sh, junr,
Daniel Farnham,
Thomas Woodbridgc.

Archibald Law.

November

21, 1758.

Jeremiah Lee.

Nathan Bowen,
Benjamin Bowden,
Isaac Mauslield.

* Resigned.

t Date of Blaney'e commission.

X Date of Epes's commission.

" June fi, 17.">.S. That all Frauds may be prevented in obtaining Commissions of
Banlcrupcy aj^ainst Insolvent Dobtors.

Advised That Notice he given in all the Publick News Papers for the Spare of
three weeks sucecs.sively, of the Petition of any Petitioning Creditor for a Commis-
sion of Bankrupt y Ix'torc a Commission be granted, that all ]iersons coneerned may
have an Opportunity (if tliey see cause) of making their Objections tliercto." —
Exrriilo'c R''f<>nls of the Couuril, vol. 3, p. 40."».

" To Jolin Pownall Esq"- Secretary to the Rt Hon'''« Lords Commiss™ for Trade &
Plant*
Sir,

In obeilien(-e to his Majesty's Instruct' I have herein sent the Laws which
pass'd the Legislature of this Province last Sessions with such my Observations
thereon as tliereby directed.

I am, Sir,

Your very liumi^'* Serv'

T. Pownall.

110

Province Laws. — 1757-58.

[Notes.]

Cofiiand' in
chief with
advice Mc con-
811)1 of Council
under the seal
of the Province
to appoint &
grant coiTiiss"
l)ower &c.

Boston ll«h Ocf 1757.

An Act providing Remedy for Bankrupts and their Creditors.
Observations. T. Pownall

Description of a Bankrupt agreeable to the Statute 1.5. Eliz. c. 7-1 James I. c.
15-21 James I. c. 19. — An overt and avow'd Act of Bankruptcy to be upon Record
and Publisli'd suited to the circumstances of Trade and Buisness in these Colonies.

T. P.

[Sect. 2.] In England the Lord Cliancellnr issues out tlip Commission. In this
Province tliere is no Court of Cliancery, if tliere were the Governor is Chancellor —
This Clause conformable to the Statutes above quoted. T. P.

This Act was uuide on occasion of a considerable number of Debtors contiuing
themselves witliin their own houses for fear of their Creditors and there spending
the money that should liave {;one to the payment of their debts. A great inconven-
ience com[)lained of before the passing of this Act was, that some of the Creditors
attach'd such of the Debtors Estate as could not be secreted and satisfyed them-
selves whilst otlun-s more Remote or Abroad did not gett a farthing. This Act is
compos'd of the Several Acts of Uankruptcy in England, their several parts are
transposed, and brought together, a-; it is couceiv'd they would have been had they
all been but one Act. Some parts particular to the Realm are omitted, some other
proper for the Government and State of tliis Province are inserted. When this Bill
had pass'd both Houses I took pains by my own study of it to make myself master
of it I also sent for the Chief Justice and Judges of the Superioi' Court and
propos'd the following Questions to them for the better information of my Judg-
ment.

!»' Whetlier the Description of a Bankrupt in this Bill be such as tliat none but
who are truely and actually Bankrupts can have benefit thereby?

Qnd Whether there be no Benefitts arising by this Bill to the Debtors, so as to
be an encouragement to those bold 2}itskcs in Trade where the Trader by having no
substance runs no risq where all tlie risq is run by the Creditors and yet in case of
failure, the Debtor has a way to escape by this Bill ?

3d Whether the Provisions & Penalties in this Bill are such as effectually to
prevent all fraudulent practice in the Debtor, whereby thro' means of this Act be
may avoid tlie just payment of his debts?

4''' Wliether sufficient provision is herein made for the securintj the just due
and rights of tlie Creditor?

5"^ Whether sufficient provision herein made for the effectual securing to the
Creditors in England their just dues and rights?

6'h Whether tliere be anything in this Bill tending to alter or repeal any Law of
Great Britain now in force in the Plantations ?

7* Whether there be anything in this Bill contrary or repugnant to the Laws
of Great Britain?

Their Answer was. — That the five first Questions were not matters of Law but
expediency and effect in Uie consequence: That in Bills of this nature even the
Parliament of Great Britain have from time to time been oblig'd to amend and
provide for by furtlier Acts, such former Acts as have been found impracticable
and ineffectual in their execution : That it is impossible to answer peremptorily to
the effects inquired after in the above questions but that as far as they can see and
judge at present they may answer the three former in the negative and the two
latter in the afiirmative. And that as to the sixth & seventli questions they directly
answer in the negative. T. P.

[Sect. 12.] By the 5 of Geo. II. c. ."50 § 1. 2. .T the Criminal is made guilty of felony
without benefit of Clergy. It was originally so in tlie early times of England.
The people here botli Judges as well as Juries are so scrupulously tender in cases
of lif(; that they will not in any case find a verdict wherein death is the punishment
should the Law prescribe it and no necessity will induce them to make a Law
wherein the penalty is death; The Penalty prescribed by this Act is equally deter-
ring and is such as will where it is incurr'd be carried into execution. T. P.

[Sect. 2'J.] An unavoidable defect hero arising from the limited jurisdiction of
the Govern' witliiu tlu; bounds of cacli rcs]>ectivo I'roviuco while sonu; of the debts
due to tlio Baul^rtipt tlius ])n)i)us'd to bo assign'd may Ij'e in other Proviuces where
tlu^ jurisdiction of this Act docs not extend. T. P.

[Sect. 2.".] Hero liegan my doul)ts how the Creditors in England should receive
such pul)Hc notice — 1 was answer'd by the Gentleman of the Law concern'd in this
Bill for the Creditors — Tliat no Mercliant traded to this Country or had money
concerns in it, wlio had not ajipoiuted an Agent or Attorney. T. P.

liankrupt of the time & pUice of nieelhiK for the ehince of AtniKnees itc.

[Sect. 2S.] The time liero prescribed supposed sufficient even in case Merchant in
irlve not ice In England having money concerns here, liad not made an Attorney, For Creditors
the pniillc news- '" '-ng'hind to send over proof of their l)el)ts being four months and 21 days
piiperHof the at least. T. P.

thne and place See also page 'MT>, directing a second Dividend after 18 mouths. T. P.

of (JoihIhh" *c AssiKnces Meeting to make |)lvi(h'nd iic.

Ctrililcate to bo [Sect. ^7.] In Englaiul two tliirds of tlio Cioditors in number and value being
Credit(>rs for a sum above .£10. must sign tlie Certificate.

Twas thought l)y tlie As.scmbly that a Majority of the Creditors in number and
value (being Creditors for a sum above £1(1. — ) would bo sufficient and as .secure
liere as a majority for any other matter in tiie Act.

[Sect. 42.] Tlie form of the I'etition Bond and Commission according to my
directi(m I send luTewitli. T. P.

jSec't. 52.1 As then! are Cases whore a Person may cutt oCf an Entail for the
benefit of their own Family. This Provision supposes that they ought by this Act

I'enahy for per-
jury committed
uy iholiankrupt,

Commlss'" to
UHHlgn or dis-
pose of DebtH
&c for the bene-
fit of Hanknipls.

ruhllc Notice
to be given the
Creditors of any

Blgned by the
grealexl pari of
creditors &c.

Persons peti-
tion'' to make
Oath ft give
lionil.

Uruuta ftc. to

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

to bo obliged to stand in tbe same ease for the benefit of their Creditors. Tlio' bo good aiiainst
tbis may i)e Equity and is Eqiiitiziiig as we say in tbo Colonies of New England 15ankrupU and
where tiiere is no Chancery, let how far connnon Jjaw will admitt of it I subniilt. their Heirs &c.

T. P.

N. H. This Bill was printed six months before it was enacted and was sent to all
the Trading Towns in tbe Province for their remarks and was afterwarils putt into
the hands of two gentlemen of the Law here to be considered by one of them on the
part of tiie Creditors by the other on tbo part of tbe absconding Debtor Who upon
advising with their Principals return'd it as a salutary provision both for Creditors
and Debtors. T. P." — Gov. Powiiall to :Sec. Pownall) ''Mass. Buy, B. T.," vol. 75,
/. /., L'i.

"Tbo Secretary having acquainted the Board, that several of the principal
Merchants and otliers trading to and intcn^st"! in tbe Province of tlie Massachuscts
Hay bud desired him to move their Lordships that they might be beard against one
of the said Acts passed in August last respecting BankruiHs and their Creditors
their Lordships appointed Tuesday next the lo"» Inst, for the consideration of tbo
saitl Act and directed the Secretary to give notice thereof to the said Merchants
anil others and also to tbe Agent for the Colony."— Minutes of the Board of Trade,
Jiiii'- <i, 17.')S: Trade Papers, rol. (JO.

'■ Their l.,ordships pursuant to the Miinites of the ('A Inst, took into consideration
an Act passed in the Provinc(! of tbe Massachuscts Bay in August last respecting
lianUrnpts and their Creditors and several of the principal Merchants and others
trading to and interested in that Province attending without and also the Agent for
the Province they were call'd in and their Lordships having heard what the Mer-
chants bad to offer against the said Act on the one side and also what the Agent had
to offer in support of it on the other side they withdrew." — Ibid., .Tune V,i, 1758.

"Tiu! Secretary having acquainted the Board that he had in obedience to their
Lordships Orders, sent the Act passed in the Massachuscts Bay in August last
respecting Bankrupts and their Creditors to S"" ^Matthew Laml) for his Opinion there-
upon in point of Law, but that he was gone into the Country and would not return
in three weeks, their Lordships not thinking it adviseable in a matter which so
greatly affects the interests of the Merchants trading to that Coimtry, to wait for
Sir Matthew Lamb's Report, Ordered the Draught of a Report to the Jjords of the
Committee of Council upon the said Act to be prepared." — Ibid., .Tune 21, 1758.

" The Draught of a Report to the Lords of the Committee of Council upon an Act
passed in the Province of the Massachnsets Baj' in August 1757, respecting Bank-
rupts ami their Creditors having been prepared pursuant to the Minutes of the HI*'
inst. was agreed to and ordered to be transcribed." — Ibid., June 23, 1758.

See this report in full in note to this chapter, p. 44 ante.

" At the Court at Kensington the 28"i day of July 1758.

Present

The King's most Excellent INIajesty in Council

Whereas by Commission under the Great Seal of Great Britain, the Governor,
Council & Assembly of the Province of the Massachuscts Bay in New England,
are authorized and empowered to constitute and ordain Laws which are to continue
& be in force, unless bis Majc^sty's pleasure be signified to the contrary — And
whereas in pursuance of the said Commission a Law was passed in the said Prov-
ince in August 1757, entituled as follows, Viz'

An Act for providing Remedy for Bankrupts and their Creditors.

Which said Law having been under the consideration of the Lords Commissioners
for Trade and Plantations and also of a Committee of the Lords of His Maj'-'''"
most lionoral)le Privy Council the said Lords of the Committee this day presented
the said Law to His Slajesty at this Board, with their opinion, that the same oiight
to be repealed: His Maj'>' taking the same into consideration was pleased with the
advice of his Privy Council to declare his disallowance of the said Law, And pur-
suant to His Maj'>'^ Royal Pleasure thereupon expressed the said Law is hereby
repealed, declared void & of none-effect — Whereof the Gov or Command'' in Chief
of the s** Province for the time being & all others whom it may concern, are to take
notice and govern themselves accordingly.

A. true Copy W. Shaepe." — Order in Council:

"Mass. Ban, B. T.," vol. 77, K. k., (i, in Pubh'c-Rpeord Office.

" To the Right Hon'''* tbe Lords of the Committee of His Majesty's most Hon'''*
Privy Council for Plantation Affairs.
My Lords,

Pursuant to Yonr Lordships Orders dated the 9'h of May and 22<i of Dec 1758, We
have had under Our Consideration eighty nine Acts pass'd in the Province of the
-Massacbusets Bay in tbe Years 175!J, 1757 ^: 175S; and We beg leave to lay the same
bisfore your Lordships, with the necessary Observations upon them.

Among these Acts there is one entitled An Jet for providing Remedij for Bank-
rupts anil tli'ir Creditors, pass'd in August 1757. on which We did at the Request of
several of tbe principal Merchants trading to the Province of the Massachuscts Bay
report Our Opinion to your Lordships on the; 2!'"> of June 1758, And in Consequence
of (Hir said Rejwrt, His Majesty was pleased, by His Order in Council dated the 28">
of July following to disallow and annul! the said Act." — Lords of Trade to Lords of
Cnuneil : ibid., vol. 85, p. 11.

See, further, act of 17G0-(;i, chap. IG, post, and notes thereto; also the letter of Mr.
Bollan to Secretary Oliver, in note to 175!)-<J0, chap. 26, post.

f'hap. 15. " April I'o, 1757. A Petition of tbe Inhabitants of Merryconneage Neck
I'riiying to be sett off and incorporated into a separate Township and District, and
to be enabled to Tax tLe dormant Lands at one Penny per Acre in order to delray

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

publick Charges amongst them— In Council; Read & Ordered that the Consider-
ation of this Petition be referred to the Second Wednesday of the next May
Session —

In the House of Representatives Read & Concurred."— Co?nici7 Records, vol. XXI.,
p. 41)8.

" June 14, 1757. A Petition of Sundry Inhabitants of Merryconeague Neck Pray-
ing as entred 13 Octo' last, and on the '23 April following referred to the second
Wednesday of the May Session. In Council. Read together with the Answer of
the Town of North Yarmouth, and Ordered That Richard Cutt Esq"" witli such as
the honourable House shall join be a Committee to hear the Parties, consider of the
Affair and Report what they judge proper for this Court to do thereon, and that the
Parties ajipear for that Purpose on the second Friday of the next Sitting.

In the House of Representatives. Read and Concurred, and M'' Sparhawk and
M'' Bradbury are joined in the affair." — Ibid., vol. XXII., p. 54.

" December (i, 1757. A Petition of the Inhabitants of Merryconeague Neck as
entered 2-3 April last — Praying to be erected into a Township — Read again together
with the Report of a Committee appointed to consider the same, in favour of said
Petition. In Council. Read and accepted — And Ordered That the Petitioners have
liberty to 1)ring in a Bill accordingly.

In the House of Representatives. Read and Concurred." — Ibid., p. 13G.

Chap. 16. " Halifax August 9, 1757,

Sir. This will be delivered to your Excellency by Lieutenant Murray, of Lieu-
tenant Colonel Erasers Highlanders, one of the Regiments I propose should be
Quartered this Winter in Boston, as this Battalion is new raised, it'.s for bis Majes-
ty's Service that they should be as much together as possible and that their Quar-
ters &e, may be provided and Adjusted, I have sent this Officer by way of Quarter
master, that he may be able on their Arrival, to Conduct them immediately to their
Quarters, that the Transports may be at liberty to depart.

I am with the greatest regard
Sir
Your most ob' humble Ser\'

LotTDOlTN

To His Excellency Govern"" Pownall." — Archives in the Office of the Secretary oj the
Commonwridth, vol. lO'.t, p. 428.

" It is his Excellency the Earl of Loudouns Orders that you proceed to Boston as
soon as jiossible, there to apply to his Excellency Governor Pownall for convenient
Quarters for a Battalion of Highlanders Commanded by Lieut Col*^ Eraser consist-
j ing of One Lieutenant Colonel two Majors, eight CaiVtains, thirty Subalterns, six
Staff Officers, forty Sergeants, forty Corporals, twenty Drummers, and one thousand
private men. You are to have their Quarters and fireing in readiness against their
arrival. James Robexson

To Lieut John Murray D Qf M' Genl

of his Majestys second Highland Battalion." — Ibid., p. 429.

" August 25, 1757. The Secretary by order of his Excellency the Governor
delivered the following Message to the two Houses viz'

Gentlemen of the Council and House of Representatives.

I shall order to be laid Ijefore You a Letter which I liave received from his Excel-
lency the Earl of Loudouu by which it appears that a Regiment of Highlanders in
his Majesty's Service may soon be expected here, where his Lordship proposes they
be quartered; and an Officer of the Regiment is sent hither in order to jirepare and
adjust the Quarters &'^ that so the Transports may be discharged and at liberty lo
de]>art immediately after their Arrival. I have also ord(^red a Copy of his Orders
to lie laid before; You; tliat You may see what is required and expected, and also
the Numbers to be providecl for.

Any Votes or Grants to defreythe Expeneethat may attend the quartering Troops
in the Province I am sensible must originate with the House of Representatives and
to tlieir consideration, I recommend the providing for such Expenee. The Troops
are sent hitlier for the preservation and security of this and the other Colonies.
Nobody can think it reasonabli! tliey should be destitute of Quarters, and if they do
not rin<l sueh ]ir(ivi<led tliev will Plead nec<'ssity and provide for themselves. I
liave it niMcli at heart (i»>nllein(!n, to remove all grounds or jiretenee for sndi Neces-
sity. Tills is a point that lies beyond the I.,iniits of any Power I have to enter into
th<> (lis('ussir)ii of : all that rcnnaiiis with m(> is, that I cannot but think it my ilnty
from asincien? regard and tenderness for the People whom You represent to wisli
that You woidd so ]>r<>\ide, that the Civil Magistrate unxy bo the Person who*
adjust thes(! (Quarters, and that a Law of the Province may be a rule of tlw manner
in which it slioidd be done.

I would therefore propose and recommend to You an Act impowering and requir-
ing the Civil Magistrate! to take up and assign sneli Quarters under sueli Regulations
as that the Troojis may be well a('eomo(lat(>d, and yet the Province as little
burihi'n'd as is possible. In England the Troops are confin'd to publick houses
extranrdiuary eases excepted; In such cases as in the. last year the People have
voluntarily aciiuiesced in recei\ing Troojis in their |)rivate liouses. I n ."Scotland and
Ireland it lias lieen found necessary to (piartiu- Troops on jn'ivate Houses. Whether
I'ro\ision can \»'. liest made here by Barracks or liy Quartering partly ou private
houses Hud Partly on publick you are the best .ludges.

WIk'u You consider the vast national charge in subsisting and transporting
these Troops, the cxj)enco of quartering them must appear to You comparatively a

•■tuOl?

[Notes.] Province Laws. — 1757-58. 113

very small Bunion. T am well assiirod that lii.s Majesty experts tliat liis Sulijoot.s in
this ami the neifilibouriiis Colonies will clieerfuUy jirovidi! for it. I should think my-
self extrecndy uuhapjjy if under my Administration this Proposal should ho rejected,
when one of the same nature was eomplied with the last Year, during the Adminis-
tration of the lato Leiutenant Governor. And if any diftieultiea should hereafter
arise from defect of sui'h Provision, You Gentlemen and the People whom You rep-
resent will do nio the Justice to acknowledge that I Recommend Such to You.

Council Chamber, T. Pownall.

August '-'5, 1757.

The Secretary laid bc^fore the two ITousea a cojiy of his Lordships Letter dated
llallifax August il, 17")7, together with the Deputy C,>uarter Master General's orders
to Leiutenant John Murray for (iroviding (Quarters, n^fen-oil to in the foregoing
Message. And another Letter likewise from his Lordship dated from aboard the
AVinclielsea IH August l~'>~."—C'oi(iiiil Hcconls, vol. XXII., ]j. 111.

"Aug' :>1, 17.">7. In the House of Representatives. Ordered that Col" ITale, M'
Pratt and >!■■ Tyng with such as the honourable Board shall join be a Committee to
preinire the draft i>f a proper answer to his Excellency's ^Message to both Houses of
the "Jj"' Instant, and report. In Council. Read and Concurred and Thomas Hutch-
inson and William IJrattle Esq" are joined in the affair." — Jbirl., p. Wli.

"Aug' 31, 1757. lu the House of Representatives. Voted that M"" Speaker, M^
Flucker, and James Russell Escj" with such as the honouralilc Board shall ai)point
be a Committee with the leave of his Excellency to provide Materials & to eniploj'
Workmen for Iniilding new Barracks or repairing any old Buildings to serve as
Barracks at Custle Island or Governors Island, so that together with the Barracks
already provided on Castle Island for seven hundred Men, tiiere may Ije sutiicient
in the whole to receive and accomodate One thousand, exclusive of Oliicers.
And the said Committee are likewise to proviile JNIaterials and employ Workmen
to make additional Buildings for Officers, so as that in the whole there may l)0
accomodations for the Otlicers of one Regiment. And that the (,'oramissary Gen-
eral be directed to jirovide necessary Articles usually allowed for Barracks viz' BchIs,
Kettles, Bowls and Spoons if need be, also half a Cord of Wood ^' week for each
Fire place, with a sutficiency of Lamps and Oyl for Lights. In Council. Read and
Concurred, and Jacob Wendell and William Brattle Esq" are joined in the Affair.
Consented to by the Governor." — Ibid., p. 107.

"Aug' ol, 1757. In the House of Representatives. Ordered That there be allowed
and paid out of the Public Treasury into the hands of the Chairman of the Commit-
tee appointed to take Care of building and repairing the Barracks &<= at Castle
Island or Governors Island the Sum of Four hundred Pounds, the said Committee
to be accountable. In Council. Read and Concurred.

Consented to by the Governor. — Ibid., p. 109.

" Aug' 31, 1757. The Committee appointed to prepare the draft of an Answer to
his Excellency's Message of the 25'" Instant made Report of the Same.

Signed Tiio^ PIutciunsox ^ Order

In Council. Read and Ordered That the Report be accepted and that Sir William
Pcpperrell with Such as the honourable House shall appoint be a Committee to wait
on his Excellency with said Message accordingly.

In the House of Representatives. Read and Concurred and M"" Turner and M'
Tyng are joined in the Affair.

The said Message accom]ianying the Report is as follows, viz'

May it jilease your Excellency. The Council and House of Representatives in
ronsequence of your Excellency's IMessage of the 25'h Instant have agreed that this
Government shall be at the charge of Atlditional Barracks on CastJe Island or
Governors Island, so as with those already built to accomodate a Regiment of
One thousand Men with their OlHcers, and have appointed a Committee to effect
the Works, and to provide Utensills, Firing and Light for the use of the Barracks.

They are far from apprehending that the expence of quartering the Kings Troops,
that are or may be sent here, may of right be insisted upon or demanded from the
Inhabitants of this Province. They arc sensible that they ought to contribut<! as
far as is in their Power to their own defence against their Enemies. For this I'ur-
]iiise tlie Government is already under such Engagements, that there is no ]>rosp(-ct
of being able to comply with them wirhonr rclcif from his Majesty; and it was in
Innnble confidence of this releif that these Engagements were made, The General
Court is every day going on further to involve the Province.

Your Excellency has been pleased to recommend this Additional Expence: If it
h". agreeable to Your E.xcellency that the Government should advance towards the
charge of the War in this way, rather than another, the two Houses are willing
to conform: but at the .same time they cant helji observing to your Excellency, that
there are certain Limits which the People will not be al)le to exceed, and that the
more they contribute in one shape, the less they will be able to do in another. They
earnestly desire your E.xcellency's favour in representing to his Majesty the present
involved State of the Government notwithstanding the extraordinary Taxes which
are annually paid vastly out of proportion to any other Colony; That the Inhabits
ants of the Province daily leave it, and go into other Governments; and that unless
his Majesty will be graciously jileased to cause a i>art of the great Sums which have
been advanced, and which the Province is now in debt for to be reimbursed; it will
not be possible for this Government to contribute to the War in the proportion it has
already done." — Ibid., )>. 111.

" November 2(), 1757. The Secretary by Order of his Excellency the Governor
delivered the following Message to both Houses respectively viz'

(Gentlemen of the Council and House of Re]>resentalives

About three weeks ague severall of the Oliiccra of his Majesty's Troops arrived at

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

Boston from Nova Scotia in order to recruit the Refrfraents to which they belong
and made their application to Me to provide them Quarters. I was very sensible
that the Service wliieh these Gentlemen were ortlered upon could not be carried on
if they were to be lodged in the Barracks whicli you had provided at Castle William,
and therefore I directed tliem to make their application to the Magistrates in the
Town of Boston to quarter and billet them in that Town. I explained to those
Magistrates the Nature, and represented the necessity of furnishing Quarters; Not-
withstanding which they declined complying with tliis application, in consequence
whereof his Excellency the Earl of Loudoun has been pleased to send me a Letter,
whicli I received last night by express, and which I shall direct the Secretary to lay
before You.

You will perceive, Gentlemen, that his Lordship insists upon the Right of the
Demand. His Majesty's Service, the protection and defence of his Colonies very
much depeud upon a Compliance with it. It is an Atfair of such Importance that I
must recommend it to your most serious and immediate Attention.

A M. NoV'Jii, 17.'}7. T. PowNALL.

Then the Secretary having read to the Board the Earl of Loudoun's Letter re-
fernnl to in his Excellency's Message carried the Same down to the House of Rep-
resentatives.

In tlio House of Representatives. Ordered That M'' Speaker M^ Pratt, Colo Wil-
liams, Col" (Jhoate, ISI"- Tyng, jNI"- Flucker and IM"- Gridley together with such as the
honourable Board shall join. >>e a Committee to take his Excellency's Message of this
Forenoon to both Houses, together with the Letter from his Excellency the Eavl of
Loudoun accompanying the Same imdcr consideration and report what they judge
projicr for this Coiirt to do thereon. In Council. Read and Concurred and John
Osl)orne Andrew Oliver, Joseph Pynchon, Thomas Hutchinson, Stephen Sewall
and John Erving Esq''^ are joined in the Aduir."— Ibid., p. 121.

" Novem^i'S, 1757. John Osborne Esq from the Committee appointed to take under
consideration his Excellency's Message of tlie '2Vfi^ Instant to both Houses Reported
the Draft of an An.swer thereto. In Council. Read and Sent down, as also a r.ill
intituled An Act making Provision for tlio quartering and billeting Recruiting Offi-
cers and Recruits in his JMajesty's Regular l''orcos employed for thc^ Protection and
defence of his Majesty's Dominions in North America."— Ibkl, p. l'-'.3.

Tliis bill was passed to be engrossed, in concurrence, Nov. 30, and the next day
was passed to be enacted, and signed by the Governor.

" New York Decemb'" G"', 1757.

Sir, Yesterday morning I was favoured with yours of Novi^ 2S"» whi(;h had come
by Alltany; by it I was in hopes that on the fair State I had made of the Right tlie
King and tlie Mother Country had to Quarters for their Troops, sent at the sole
Expcnce of the Mother Country, for the Defence of his Majesty's Domininns, and
the Protection of the Lives and Properties of his Subjects in North America that
everv Thing would have gone as it has, and ought in the other Provinces.

Biit in the Evening I bad the Favour of yours of Deciif I'*' with a Cojiy of the Act
pass'd by the Legislature of the Massachusetts, by which they have laid me under
the disagreabh;, but the aI)solute Necessity of settling this Point at once, as the
Cons(!qnence of my acquiescing under it, would at once throw the whole ('out incut
into (Confusion, from South-Carolina to Boston, and turn three fourtlis of the Troojis
at once into the Streets to perish at this Season of llie Year.

I ol)S(>rved to you in my Letter from Albany, tliat tlie Assembly had no Conc(>rn
in the King's Right to Quarters for his Troops, as in Time of I'eace it is settled and
regulated l)y an Act of the British Parliament, which no Act of theirs can infringe,
or diminish. I likewise observed that in Time of war, the Troojis must be iiosied
in such Numbers as the; Necessities of that ^Var make requisite, and that the Ilules
laid down for the Time of Peace, give Place to the Rules and the thistoius, and
neccssiti(\s of War as practised in the Mother Country, and as jiractised in the
Countries of not only alli(!d, but even of neutral Princes all over i he C lobe.

Siirclv the Geutleiuen have not considered this Act before they ]ia.ssed it, for by
it. if it could have any Force, tliey liave barred the King from marching his Trooi>3
thro' his own Dominions, to oppoi5e the most cruel of all Enemies, now actually in
ids Couutrv, and threatning further Invasions every Day.

T shall not go on to make any further Observations on the Act. as T cannot help
seeing from this step of the Assembly, after the last Letter I writ from Albany, and
from lindiiig that after all the prudent measures you havi; taken, to pn-vent them
from infringing tlxt Itigbts of the Crown, and from taking mea.sures, that from
endeavouring to set aside an Act of the British Parliament, must at once throw the
whole t^outinent of North America into such Confusion as must be its instant
Ruin, 'tis uinieccssarv to make any of the many Observations I could on the Act,
as I see this lias put all further Negotiation out of Doors, and juit me under the
disagreable necessity of settling it myself, to prevent the fatal Consequences of the
Measures they have" entrcd into, and in which they arc entirely Voluntiers, by re-
fusing (JuarteVs to a fi'W recruiting Parties only.

Nothing can lie more disagrcahhao me Ihan having Disputes with the People of
Boston, for whom T have always hail the greatest Regard, from the Zeal and Loy-
alty thi'V have ahv.ivs professed for their King and Coniitry.

And .'is at I'rcsent'frnm some Fatalitv, Things liave taken a different Turn, they
must pardon me if I do uiv Dutv in preserving the Constitution by supiiorting the
Rights of the King and the Mother Country, and in jircvcnting the ruinous Mis-
chiefs llowing from such Pleasures." — /yOJitioini to Gov. Poirnall, .U((.s.<t. Archivrs, vol.

'•hecember H. K."")". The Secretary by order of his Excellency the Governor
delivered tho following Message to both IJouses roapcctively, and at the .same timo

[Notes.] Province Laws. — 1757-58. 115

laid before them a Letter from his Excellency the Earl of Loudoun refer'd to there-
in viz'

Gentlemen of the Council and House of Reiiresentatives

Last Night by Express I received from his Excellency the Earl of Loudoun a
Letter from New York of the (j"> Instant, which I shall direct the Secretary to lay
before you. You will perceive by this 'Letter, that the late Act of this Province
providing for the quartering and billetting recruiting Parties, is very far from
answering his Lordshii>'s Expectations.

As the Case is now circumstanced, I must earnestly recommend to You projicr
measures to terminate this Affair in such a manner, as to avoid all jircjudice to liis
^lajesry's Service in General, and to the Interest of this Province in particular at
so critical a Juncture.

The foregoing ^Message was immediately taken into Consideration. And.

In the House of Representatives Ordered That ^I"- Speaker, Colo Hale, Col" Choate,
M"" Prat, and M'' Tvulc witli such as the honourable ISoard sliall join bi; a Committee
to take his ExecHency's Messa^t^ of this Forenoon. tog(^th('r with the liCtrer from
his Excellency the Earl of Loudoun to the Governor, accomi)anyingthe same under
consideration, and report what they judge proper for this Court to do thereon. In
Council Head and Concurred and John Cushing Thomas Hutchinson, Stephen
Sewall, John Erving and William Brattle Esq""* are joined in the Affair." — Council
Jirronls, vol. JCXII.,!^ 152.

"December IG, 1757. The Committee appointed the 14 Ins* on his Excellency's
Message to both Houses— reported that the following Message be sent to his Excel-
lency the Governor in answer thereunto viz' —

May it Please j-our Excellency.

Your Excellency's Message of the 14 Ins' together with the Letter which You had
received the Evening before from his Excellency the Earl of Loudoun have been
considered by Us with very great attention; and we hope that notwithstanding his
Lordship's present Sentiments, when the whole of our Conduct and the reasons of it
are considered by him we shall recover his Lordships favourable opinion, and the
llarmony which now seems to be in some measure interrupted will be fully re-
stored.

Our Apprehensions of the Extent of the Act of Parliament so far as it relates to
Quarters & Billeting, differ from those of his Lordship, It is his Lordshii)'s Opin-
ion that those parts of the Act extend to his ]Majcstj''s Colonies and Plantations,
AVe are sensible that the Act in some parts of it expressly extends to the I'lanla-
tions, and in others to all his Majesty's Dominions beyond Seas, and such jiarts
have been observed accordingly in this Province, but wc arc as fully satisfied, that
so far as it relates to quartering and billetting it was intended to be local, and this
appears not only from the words of the Act, but from the nature and reason of the
thing, seeing one General Rule can never serve the several parts of Great Britain
oidy, much less the several Colonies and Plantations in America also. But notwith-
standing this we have never denied or doubted that wheresoever his ^Majesty's
Troojis shall be sent for the Protection and defence of his Dominions, Quarters and
Billetting must be provided as often as they are necessary. Considering the great
charges to which this Province has been exposed we could not think it reasonable
that any part of the Expcncc should be liorno by Us, but being strongly xirged to it,
and being desirous of freeing the Inhabitants from the burden of quartering Sol-
diers in their Houses, we have enlarged the Barracks on Castle Island and fur-
nished them with necessary Utensils; and the_y are capable of containing a Regi-
ment of One thousand men with their Ottii'crs. This was the number which your
Excellency recommended to us to provide for, upon your first coming to the Chair.
Divers recruiting Parties have since applied for (Quarters and Billetting to the Civil
^lagistrates who did not think themselves warranted by any Laws then in being to
assign them. Upon Your Excellency's ^Message of the '2(j"> November last an Act
has passed providing for quartering and billetting such Parties: and this Provision
is as similar to the Act of Parliament as can consist with the differing State of the
Towns and Districts in this Province from that of the Cities, Boroughs &<= in Eng-
land and Wales, ami of Berwick upon Tweed.

We had no intimation that any further Troops were expected in the Province.
We freely own that We hoped his Majesty's Service would not require an addi-
tional number to march or be posted here, but we never intended by this partial
Provision to signify that we would not make further provision when the Service
should require it. We are really at a loss what step to take to terminate this Affair,
for his I.,ordshi]> dos not seem dissatisfied so much from the insufficiency of what
wo have done as from the manner of its being dont;, by a Law of this Province.
The main point in difference seems to be this His Lordshi]) insists that sulficient
Laws, Rules, and Customs arc already in force for quartering and billetting his
Majesty's Forces and that Nothing further is requisite except that the Civil Jlagis-
trate carry them into execution; We conc<'ive that when in ordinary Cases his
>rajesty's Forces are to be quartered and billetted in the Province, an Act of the
Legislature is requisite to impower the Civil Magistrate to do it. We are ready to
pass An Act making Provision in such cases for quartering and billetting such
Forces as shall bo necessary for our protection and defence as similar as may be to
the Provision made in England. We have never supposed that upon extraordinary
occasions when our preservation or defence made it requisite to march or Quarter a
greater number of Troojis than could be quartered agreeable to the regulations made
by Law, we must not submit to the Rules and Customs which in like cases are
allowed and practised in our Mother Country, We rely upon it that a greater num-
ber of Forces will not be ordered into the Province than what his Majesty's Service
and the Purjioses aforesaid render necessary.

IIQ Pkovince Laws. — 1757-58. [Notes.]

Wo beg leave further to observe, and we doubt not your Excellency will think it
a proptT occasion. That the Inhabitants of this Province are iutitlod to the Nat\i-
ral rights of EukUsIi born Subjects; that by the Royall Charter tlie Powers and
I'riviledf^es of Civil Government are granted to them; that the enjoyment of these
rights, tlK'se Powers and Privilcdges is their Support under all burdens and Pres-
sim's; this will animate and encourage them to resist to the last breath a cruel
invading Enemy; the loss or hazard of these Enjoyments from any other cause
naturally tends to dt'ject and dispirit them. If our adherence to these Rights and
Privileges shall in any nn-asure lessen the Esteem which his Lordship had con-
ceived fur Us, ami make a Breach u\wn that Harmony which has hitlierto su))sisted,
it will l)e our great Misfortune, but we shall have the satisfaction of rctiecting that
both in our Words and Actions we have been governed b3' a sense of duty to his
Majesty, and Faithfulness to the Trust committed to Us.

The Foregoing Message being re^jorted and read, In Council was sent down to
the IIouso of Representatives.

In the House of Representatives. Read and Accepted and Ordered That Col"
Hale, Col" Choate, Col" Fowle, Judge Russell and Col" Williams witli Such as the
liouourablo Roard shall j(jin be a Committee to wait upon his Excellency with the
foregoing Message. In Council Read and Concurred, and John Osborne Benjamin
Lynde, John Chandler and Isaac Royall Esq™ are joined in the aifah-."— Ibid. , p. ].")!!.

" New York Decemlier '2i>, 1757.

Sir, I had the favour of Your's of the 1G"», with a Copy of the Address from the
Assembly to you, from which, and from your Assurances I can depend on th(>ir
niaUiiig tii(^ Point of Quarters easy in all Time coming, and on Your Ap]iliiaiion,
for whieh I shall always have the greatest Regard, 1 have Countermanded tlie
Maroh of the Troops, which I was lay'd under the necessity of Giving, as the Foot-
ing tilings had been put on was big with so many Mischiefs to this Part of his Maj-
esty's Dominions.

As to the Dispute the Gentlemen seem willing to enter into of the necessity of a
Proviueial I^aw to Enforce a British Act of Parliament, I shall not enter into it at
all; as the Administration is wise and PowerfuU and will take their own Methods
in selling AITairs of that Nature.

As to the (ientlemen's imagining that this Affair has made a difference between
them and me, I shou'd be very sorry to see things in that Light. They and I have
seen things in a dilTerent Light, and that Affair is now Accomodated, ami I
imagine setled, so that there is a Total end of it.

And it cannot enter into my Mind to imagine that the Province of the-Massaehu-
Betts will not eontinuf^ to lu; at least among theForemost on the; Continent to shew
that Zeal for his Majesty's Service, and to cooperate with his Servants to the
Utmost for the good of those Province's in North America; as those are Things for
whieh they havti .justly claimed so inueh Merit.

As to my Part I wili assure! You, that I have the greatest Regard for the Province
of tlu! .Massaelmsetts bay; and that not onlj- now but on all Occasions, no .Man in
the Province will bo more Zealous in supporting them iu their just llights and
Privileges.

Befor«! I close this letter tis necessary that I should remind you that it has not
yet come to my knowledge that any Provision has been made for the Ranging
Companies I asked of tin; Province by my Circular Letter of September, wlieu I
formetl a Plan of Kedudng the Expence of the Provinces by dismissing tlu! Surplus
of tli(! Provincials above the numbers of the Rangers, which I fouutl necessarv for
tin' service during tlui Winter.

Allho your .Assembly ha<l not met when I dismissed the other part of the Prt)-
vtncials, I kepi no more of yours than an Adeiiuate numlier to what the oilier
I'nivince's hiid ordered that your Pri>vincc might reap the same Ease that the
Other Provinces diil Itut as those Comi>anies reninining with me arc not comiilcatcd
in Ollliirs, I must again desire that you will till up those Vaiancies; and I can
liuvtMio doubt that your Assembly will enable You to put those Comi)anics either
on tlu! Fooling of llioso k<pt up by the other Provinces, or in sonur other manner
enable them to p.rform the Services thro' the Winter, for whieh they are kept up.

I can havo no doiilit of this, as from their Wisdom they nuist see tli<! neccssilv
there is at all Times, and more jiarlicularly at this, in thc'tinu^ of War of keeping
lip that nmtuul Conlidcnce anil unanimity among the Provinces so very es.simtial
for their Defence. forsh.iuM it c.une out in the hist davs of December, that the
Province of the Ma.ssiichnsells was the only one that h.id ri'fuscd to come into niv
Plan laid before them in .September after all the others had come into it owniii" the
Krent Saving it was to them, it must have the EIT.-.t of taking olT that nnitual'Con-
lldenco HO essential to t ho whoh-, as tis to be apprelicn.h'd it would create for the
future a Delay every whcri-. ami none would come inloanv measures proposed till
they had consulted their niighhours to know what thev wef.- todo. the conscciucnce
of whiih would l.i> that the King by his Servants must takt> such a lon«T time in
every iicgoiialion that no P.nsiiics.s cou'd Im- done, a Thing I am sure that th(«.
In>\iiiii' of the Ma.ssaclmsitis would iw.t chuse to be tlio Authors of: and as
^oii arcHo well ac.piainlc.l with tlw P.usiuess of this coiintrv, this, and manv more
lirgiimeiit.H mwHi occur to you. which you I am snro will" lay in a str.>ng' Light
iM'fore the proper I'eople. an<l cannot fail of Success.

Wishing You ihi. Compliments of th,, Season, I am with sincere Regard.
Sir, " '

Your most Obedient
-,, ,. ,, „ . Humble Servant

His I'.xeellenry Govornour I'ownall Loidoun

Aa »lK>ul loti Men of the Troop.s lately Arrived from England are drafted iiitc

[XoTEs.] Peovlnce Laws. — 1757-o8. 117

t\w. Reg'" in Nova Scotia I propose to sond tlipin to Castlo ■\N'illiain there to Remain
till such time as they can be conveniently sliippod off for Halifax."— 3/o.ss. Anhirr*,
rol. r>ii, /I. L'SH.

" January 2, 1758. In Council His Excclleni'y haviiifj liccii pleased to coninnini-
cate to the twoHousi-sa Letter from the Hij;ht lionouralili' the Karl of Lotuloiui ilated
New York Decemher 2(;, 1757. Voted That Uenjaniiii Lvnde, Thomas Jliitehinsun
and William Ihattle Esq™ with smh as tlu; honourahli! House shall join ho a Com-
mittee to take the same into consi<loraliou and report what they shall judge proper
for the two Houses to do thereon.

In the Honso of Representatives Read and Concurred and M' Speaker. Col" Wil-
liams, Colo White and Col" Ruggles are joined in the Affair." — Council Records, vol.
A'A7/., /). 188.

" .laimary (■>, 17.")8. The Committee appointed the 2^ Instant to take under I'on-
sideratiou the Earl of Loudoun's Letter of 'JG Dec"" wliich his Excellency the
(Jovernor was pleased to communicate to the two Houses reported the following
Message to liis Excellency.

May it ])lea.se your Excellency.

We are very glad to i)erceive by the Letter from his Excellency the Earl of Lou-
doun, which you have been pleased to direct the Secretary to lay before Us, That
the Conduct of the (ieiieral Court is so well approved of, and that his Lordship ha.S
thcreui>on counteniiaiideil the Orders wliich he had given for marching the Troops
to be quartered ami billeted within this Province. We thank your Excellency for
your good OfHces in our behalf and for the care and pains which we are sensible
you have taken to avert the troubles wliich seemed to be comijig upon Us. A\'e
doubt not that future Assemblies will act upon the same Priucijjles with this
Assembly, and that the Massachusetts Province will always deserve the favourable
0|>inion of the General of his Majesty's Forces.

We wish to stand iierfcctly right with his Lordship, and it will be a great Satis-
faction to Us if we may be able to remove his ^lisapiirehcnsion of the Spring and
Motive of our Proc(;e(lings. His Lordship is ]ileasc(l to say that we seem willing
to enter into a disjiute vipon the Necessity of a Provincial Law to enforce a British
Act of Parliament. We are utterly at a Loss what part of our Conduct could gi\e
occasion for this Expression.

The Point in •which we were obliged to differ from his Lordship was the Extent
of Provision made by Act of Parliament for regulating Quarters. We thought that
it did not reach the Colonies. Had we thought that it did reach us, And yet made
an Act of our own to enforce it, there would have been good Grounds for his Lord-
ships Exception; but l)eing fully jiersuaded that this Provision was never intemled
for Us, what better step could we take, then agreeable to the twentieth Section in
the Articles of War to regulate Quarters according as the Circumstances of the
Province requires, but still as similar to the Provision made in England as possible.
And how can it be inferred from hence that we suppose a Provincial Act necessary
to enforce an Act of Parliament ?

We are willing by a due exercise of the Powers of Civil Government (and we have
the pleasure of seeing your Excellency concurr with Us) to remove as much aa may
be all pretence of necessity of military Government. Such measures we are sure
will never be disapproved by the Parliament of Great Britain: our ilependaiice
upon which we never had a desire or thought of lessening. From the Knowh-dge
your Excellency has acquired of Us, You will be able to do us Justice in this
Regard. In our Message to your Excellency which you had transmitted to his
Lordship we declared, that the Act of Parliament, the Extent of which was then
in dispute, so far as relates to the Plantations had always lu-en observp<l by us.
The Authority of all Acts of Parliament which Concern the Colonies and extend
to them are ever acknowledged in all the Courts of Law and made the Ride of all
Judicial Proceedings in the I'rovincc. Tliere is not a member of the General
Court, and we know no Inhabitant within the Bounds of the Government that ever
questioned this Authority.

To prevent any ill Consequences that may arise from an Opinion of our holding
such Principles, we now utterly disavow them, as we should readily havi; done at
any time past, if there had been occasion for it; and we j>ray that his Lordship may
be acquainted therewith, that we may appear in a true Light, and that no Impres-
sions may remain to our disadvantage. In Council. Read and .\ccepte(l and
Ordered That Sir William Pepiierrell, Stephen Sewall, and James Bowdoin Estj™
with Such as the honourable House shall appoint b(! a Committee to present the
same accordingly. In the House of Representatives Read and Concurred and M'
Tyng, Colo Choate, Colo Hale, and M^ Bacon are joined in the Affair." — Ibid., /». V.iH.

A printed copy of this act was enclosed with the following letter to the Lords of
Trade: —

" Boston Dec !•«, 1757.
My Lords,

I had the honour to acquaint your Lordships that upon an application from the
Earl of Loudoun in August last for Quarters for one of the Higlilan<l Battalions,
the Legislature enabled me to prepare Barracks for tliem, but these upon the Island
whereon Castle William stands prove intirely insufficient for the purposes of the
Recruiting parties sent since into this Provin<e: the Recruiting Officers therefore
by my direction ai>plyed to the Magistrates for (Juarters; the M.igistrates appre-
hending that the Act of Parliament in this j)oint did not extend to America and
that there was no Law of this I'rovinct- imp. ).\ ring them to billet soldiers, told the
Officers that they could not be justified in doing it but by Law and refused to do It.

I immediately acquainted Lord Loudoun then at Albany with the state of the
case, his Lordship wrote me a letter iusibtiug on the right of quartering: The Legis-

118 PiiovixcE Laws. — 1757-58. [Notes.]

lature being now sitting I immediately next Morning sent a Message to them layed
Lord Loudoun's letter before them & required them to make provision for quarters
in iiuiuL-diate compliance to his Lordships demand.

The two Houses went immediately into a Bill making provision for quartering
these, or any I'tecruiting ]iarties that should be sent into the Province, of which by
their desire' I by express acquainted Jiis Lordship and with all possible dispatch
(sitting on Sunday) pass'd it thro' both Houses and sent it up to me, to which I
gave my assent, enacting it into a Law.

I think myself extreainly happy in having obtained, tho' not perhaps just in the
way that might have been more agreeable the cud his Lordship seem'd to aim at,
83 It may prevent anj- difference arising betwixt his Lordship & the people on the
point of'the right, his Lordship apprehending as one point, that the Act of Parlia-
ment in the Article of Quarters dutli extend to North America & as another frmn
the nature & necessity of the thing he has a right to quarter: the people on the
other hand tlio' they unanimously allow that from the nature & necessity of the
thing his Lordship ought to have a right to ijuarter his Soldiers, yet the Act of Par-
liament not extending to America, and there being no Act of the Province for quar-
tering tliat it lyes with them to make provision by law.

And I have this day had the honour to acquaint his Lordship thej- have done so
(for all Recruiting Parties) on the same terms & at the same rates as are prescribed
by Act of Parliamimt in England &(■. with a Penalty on the Magistrates refusing to
do it. I am with all duty & respect. My Lords, Your Lop* most obed' faithfuU &
most humble servant, T. Pownall."

— "Mass. Bay, B. T.," vol. 75, 1, i.,20, in Public-Record Office.

" Boston 18 Jan""?, 1758.
My Lords,

In my last letter of Dec 1*' 1757 I had the honor to write your Lordships that I
thought myself extreamly happy in having obtain'd an Act jiroviding for such
quarters as were then wanted tho' not perhajis in the way that might have been more
agreeable to Lord Loudoun yet so as to remove all occasion of difference between
his Lnrdshi]) and the people of this Province upon the point of the right. His
Ixirdship has been of opinion that it was of the utmost imiiortance to settle the
right atul in consequence of his Lordship's letters thereupon and my messages I
have received from both Houses of Legislature the two ISIessages which I enclose.

However nnich both sides seem'd dissatisfyed with me during the negociation of
this affair which I had tho difficulty to transact between his Lordship and the Peo-
nh^ while there was any difference, I am very happy to see, that now it is agreed,
i)Oth sides approve my conduct, as it argues at least an uniformity in such. His
Lordship is pleas'd in his letter of Dee'' (j'» to approve as he kindly expresses it, iIk;
prudent mcixsurcs I ha<l taken to ]n-event their infringing the riglits of the Crown,
and the Legislature here do now in their Message sufficiently express their sense
of the regard I have to the people." — Gov. Pownall to the Board of Trade Jan. 18,
n.-hS: ihiil., vol. 7(i, /. /. ."1.

" Aug. .'tl, 1".'>7. To .Tacob Wendell Esq'' in behalf of the Committee appointed
to take care of building the P,arra<ks on Castle Island &c. the sum of Fotir hun-
dred Pounds, the said Committee to l)e Accountable." — Vote of Oninril advisiii;/ the
drini'ihl !•/ ii furrdii/ : Kj-imtirc li:<-iinls i>/ l!ir Cnuncil, vol. ;>, p. 2'M.

" y\;\T. !•, 17.'>8. Advised & Consented that a Warrant bo made out to the Trea.s-
nrer to pay unto .Tacob Wendell Kmy iu Ix'lialf of the Connnittee for making an
addition to the Barracks at Castle William the sum of Forty eight Pounds to lie by
tiieni paid to whom the same is respectively due, being the ballance of their Acco'
for .Materials and Work doius in that service." — Ibid., p. 'M5.

C'hnp. 17. ".Tnly 12, 17.'^7. It having been represented to his Majesty's Council
that divers Actions liave been Commenced in the Counties of Plvniouth "Barnstable
ant Bristol upon espeeiul Act of this Province for a general Muster that was to be
had <«ii the '."."I day of March last against the Peojile called (^>uakers for not appear-
ing under Anns on said day.

Uesolved that it be reco'innien<led to tho Justices of the Courts in said Counties
re.spe.-tively to < oiiliinie all such Actions as have not vet been fried, and to suspend
til.) issuing of Lx.'ciiiions in oonseqiienco of any .ludgni.'uts wliidi mav have been
Ol.tauie.l upon any such Actions, until the General Court shall have had Oiiportu-
nlty to take t ..giiizame of such Ilepres.ntation and to determino thereupon."—

Lrirulivr llrriniln tij l/ir Ciiiiiiril, rot. .'i, p. L'TS.

•• August 17. 17.". A Petilloii (.f CorneHus Allen and Others of the People called

Qimkers at Dariinouth-Setiing forth That Actions hav 1 n commenc.l a-ain.st

divers o ihe.r Brethren for not appearing at tli.- Military Muster bv Law or.lered
to be had on the ."_"i day of .March last, that .Tudgiuents have b..en obtain'd against
.Some and Lxe.uiions against Oth.-r.s. That tl„-ir Nonattendance was not occa-
Hloned by Obstinacy or disaffection to the Covernmeiit, but that it was for Cun-
Hcienee sake ih.-y re used to alten.l; they having alwavs appn.ve.l th.^mselves no
uTui'l^r V'/'" "'"", '"!'•'■'",' ""'" '^"'■•"•- <'f "'i' Cun'munitv. And .raving

trn/f .-J r.' i,\'""","- "•".' ""•' "'■'•'•••'•'I That Samuel Danforth and Wiliiaiu
I .li , I 1 Ti' ' *""' ' '.T ""■ '"'"""'•'''•lo il<"-se shall join be a Committee to take

lis and the annexed Petition under consi.h.r.ition an<l report what they shall

judge proi.er to bi> done in the Case. ' '

111 the ll-'us"' ->f P.epr.seniatives. IJea.l an.l Cncnrred and Col" White, Canta
Haeon " ';.M Stjme are j..„H.d in the Affair."- r,.,,,.,// /.',,.„■,;.., ,„/. XXII. p. 757

Aiig« ... I..„. ,\ letition of .loseph Wing-Setting forth That he is now a
I>riso„..r ill Biirnstabh, Goal f<.r not, appearbig at ll^- (Jeneral Must.-r bv iTw
ordered to be had on the -•H day of March lasF. That Ho is one of the PeoplI

[Notes.] Pkovince Laws. — 1757-58. 119

called Quakers; and that his Nonappearance was not owing to obstinacy or disaf-
fection; but tliat upon conscientious Principles ho neglected to appear at said
Muster. And Praying Releif.

In the House of Kfjpresentatives. Read and Ordered That this Petition bo
coiuniitted to the Coiniiiittcc! of both Houses appointed on tlii! Petition of Cornelius
Alien & Otliers; to coiisiilor and report thereon, & that M"" Pratt be of the sulci
Committee in tlie room of Col" Wliite who is absent. In Council. Head and Con-
curred."— Ibid.,]). t>4.

"January ol, 1704. A Petition t>f Joseph Wing of Falmouth in the County of
Barnstable and Melatiah GifTord of the Town and County aforesaid, both of tlic
People calletl Quakers— Setting forth, That at an Inferior Court of Common Pl<;u3
held at Barnstable in May 17.")7, Moses Swift Clerk of the. Military Foot Comi)uny
of said Falmouth recovered Jiulgments upon a Law of this Province for Twenty
IKiuuds with Cost of Suit, for not a])i)earing at a Military Muster of said Conipany;
and that Executions were issued upon said Judgments, and they thereupon com-
nntted to Barnstable Goal, and tliero detained for some months, until they were
dismissed on the 1^' January I'SS by order of the General Court. And the Spring
following the Sheriff of the said County did seize and secure so mucli of the Ileal
Estate of the petitioners as to satisfy the Demands of the said Clerk. And
inasnnich as their Non appearance aforesaid was the mere Result of Seruplf-s of
Conscience, and this Court has in time past relieved sueh as had sulTered on
account of their Consciences or religious Persuasions; which favours are gratefully
acknowledged: They likewise pray for the like Favour, and tliat their Inheritances
may be restored.

lu the House of Representatives; Read and Ordered That the Petitioners serve •
the Clerk of the Military Company in Falmouth witli a Copy of this Petition that
he shew Cause (if any he hath) on the second Wednesday of the next May Ses.sion
why the Prayer thereof should not be granted.

In Council Read and Non Concurred. And Ordered That Nathaniel Sparhawk
Esq"" with such as the honorable House shall join be a Committee to take this Peti-
tion under consideration and make Report.

In the House of Ilepreseiitutives Read and Concurred and Docf Smith and M''
Wood are joined in the affair." — Ibid., vol. XXV., p. 17(5.

" Feb. 1, 171)4. A Petition of John Gorham of Barnstable Setting forth. That there
were committed to him divers Executions upon Judgments obtained against Joseph
Wing, Melatiah Clifford and Halsell O'Reily of the People called Quakers for not
attending military Musters, who were thereupon committed to Gaol in Barnstable,
who were afterwards discharged by Order of Government, but no provision was
made for the Petitioner to recover his Fees. And Praying Relief. In Council
Read and Ordered That this Petition be committed to the Committee appointed to
take under consideration the I'etition of Joseph Wing and Others.

In the House of Representatives Read and Concurred. And in consequence
thereof the foljowing Order passed viz*.

In the House of Representatives; Read and Ordered that the sum of Three
pounds, nine shillings and two pence be granted out of the Publick Treasury to the
Petitioner or his Order in full for his Fees within mentioned. In Council Read and
Concurred Consented to by the Governor.'" — Ibid., 182.

"February 2, 1704. The Committee appointed the 31^* of January on the Peti-
tion of Joseph Wing and Melatiah tJlfford having made report, the following Order
])assed thereon viz' In Council Read and sent down

In the House of Representatives Ordered That the Petitioners be directed to
notify Moses Swift within mentioned to lodge in the Secretary's Office on or before
the second Wednesday of the next Sittin" of this Court an account on Oath of his
trouble and charge in prosecuting tlie said N\'ing and Gifford to final Judgment and
Execution; and at tlie same time to direct the said Swift to signify in writing under
his hand on wliat terms he is willing to relinquish his Right and Title to the
Lands taken in Execution: and that the within Petition be referred for furtlicr
consideration to the next sitting of this Court. In Council Read and Concurred."
—Ibid., p. 180.

"February 11, 1705. A Petition of Joseph Wing and Melatiah Gifford of the
people called Quakers, praying to be restored to the possession of their Inheritance
taken by Execution to satisfy a Judgment obtained against them for not attending
a military muster, as entered the :5ls' January 1704.

In the House of Represtrntatives, Read again, and Ordered that there be, and
hereby is granted unto Moses Swift, to be paid out of the public Treasury to
Thomas Smith Esq for the use of s'l Moses the sum of Twenty one pounds, lie
giving a good Quit Claim Deed to ,Tosei>h Wing of tlie Real Estate which he. took
from him by Execution in 17.")S for a military line and Costs, and also i^ay to liim
the Rents and profits of said Estate until this time. And s"! Moses also giving
another quit Claim Deed to Melatiah Gifford of the Real Estate which he took
from him liy E.xecution tlie .same year for a Military fine and Costs.— In Council,
Read and Concurred. Consented to by the Governor."— /6/d., p. 397.

Chap. 18. "Boston H'h Aug', 1757.

Sir,

• •»•»•

We have no Militia Law here that is effectual, I did venture to propose to the
Council that I might use and exercise Law Martial on This occasion, according to a
Clause in the Charter, and whether they woultl advise me to issue a Proclamation
for this purpose? this they would not advise me to, and I could not do it without
their advise and consent. I meet the General Court on Tuesday and have hopes

\-2() riiovi^cE Laws. — 1757-58. [Notes.].

given me of obtaining a Militia Law immediately after which I shall come up to
the Frontiers where I will endeavour to form a considerable and effective Body of
Men which if I can do, j'oii shall not wait a Moment for any assistance I can give."
— E/Anti:l from Gov. PownalVs letter to Gen. Webb: "Mass. Bay, B. T.," vol. 75, /. i ,
5, 27, in Publk-Record Office.

" Boston, Augt 20"» 1757.
Sir.

"What has happened and what I have done since my last to you of the l(i"'
instant, the inclosed papers from 32 to 4.> will better acquaint you that I can
no-ssibly in words. I have the pleasure to acquaint you that both Houses of the
Legislature have approved the steps I have taken, iho' I have exceeded the j^owers
of their Charter, as you will here see by their addresses to me, which I enclose and
they are making provision for the expense I have incurr'd therein: And tho' it is
an old bone of contention, yet I shall be able to obtain a Militia Law, which I hope
will be effectual." — Extract from letter of Gov. Poivnall to Board of Trade : ibid., I. /., 8.

" New York, Sepf 2G^, 1757.
Mv Lords,

At the last Sessions of the General Court of Massachusetts, I recommended the'
forming by Law an Effectual Militia. They were not able to go thro' with the con-
sideration of it last Session. They appointed a Committee to form, in the
Recess of the Court a Bill for that purpose and from a Confidence in my intentions
and measures, gave them leave to consult and advise with me. I have settled
what I hope will get thro' the House and be effectual.

I have recoiimicnded the same to tho Gov of Connecticut who approves it and
will try the same in his Colony. I have not now my Papers by me — I can only say
that my scheme y>roceeds upon the idea of a Province Piquet Guard from the whole
Militia of about 0,000 effective men, well armed and disciplined, and ready to turn
out uiion all occasions, ^\■hich, in my opinion is better than the whole 4i,(H)0 that
will never turn out to any one good purjiose. Nevertheless the whole Militia,
except this Piquet, is to stand as it now docs, by the old Law.
I have tho honor to be my Lords
Your Lordships "

most obedient &

most humble Serv'

T. POWNALL.

Tlie Rt. Honbie

Lords Comm" for Trade &<^."—Ibid. I. i., 15.

" An Act in addition to the several Acts of this Province for rcculatins the
Militia.
Armii &c. to be [Sect. 1.] This inquiry used to be made but once a year, 'tis now to be made by
enqulr'J Into. a view of arms every Training day. " T. P.

IVnalty for [Sect. 1.] This 9» is in addition to what be was to pay before in all making 15^.

Kon appearance. •-£' p

ClerkHtotakc [Sect. 1.] This return to prevent frauds in the Captains on training dales, no

a LUt &c. provision in this case before therefore trainings were liecome nothing. T. P.

Tlic Clerk on [Sect. 1.] All this quite new to render trainings effectual. T. P.

oolli to proKC'cut« DclinqucntH.

IVrnona except [S('ct. .'!.] Addition and now

TroopcrM liow to be fiinilwhed with arms &c.

IVrKorm on tho [Sect. 4.] Those on tho alarm List used to lend their arms to those on the train-
Alarm Mhi to ing F.ist to appear with, this Provision breaks up that fraud. T. P.
havelliclr Arm* S:c. viewed.
Penally for neg- [Sect. 5.] Additional,
lect or refuHin|{ KeKlmcntnl MiiHtcrB.
I'crxiim in tlie [Sect. 5.] Additional.
Krciiitlcm to earrj- orma ike.

N'<'n( bmlKKlon [Sect. 0.] New and never could bo obtain'd before. T. P.

ofllceri «t iolillers to lie provided with bayonets & In what manner. [See 1711-12, chap. 9.]

[S.Tt r..] This brings up the penalty for neglect of appearance on a Training
iVnalty for not daytoli" T P

■lipearhiK with Duyo'net* &c.
Penally fur non- [.Sc'ct. H.] Additional,
oppcnrance on alarm.

[Sect. 8.] A most material point and what never could bo obtain'd till now
Prnnlty for sipco tho existence of the present charter. T' i>

Mutiny or Dewrtlon. a- i .

Penally fnrnn [.Sect.!!.] Additional and new. "p j>

odlcrr ..r Private man refimlnK or neKlecllntf to obey tbe orders of his Superior officer

<"»pialn i.f tho [.Sect. P_'.] .Additional and (jnite new. T i>

I'r.M.p (limrdii 8:c. to lrani.nilt I.littn of tbdr cnmpanlcH to Seeretnry's office.

Kacb Captain FScct. l.'l.] Additional an<l quite new. f p

Oaih? '°''" J 'i '^!;^'''''"''""» ^V Oov. Poxonall in his letter to Secretary Poitmall, (M. l ] . 1757 : 'ih:.l.,

Mv I^rdH. " ^^■'''°" '^"' •^="'"' ' '•" •^•

• hb..ingin.vd..lytorcporttn Your I.ord.ships from time fo time the mea.-^mvs of

m.i.;!.r"lVn "'"""• ^ '■"■•;'•>■;'.'•-, '••''^•" "• l^'.v before Y.mr Lonlshins the s.vera
...lit. TH T hn^e recnn.m..nd.d this l.,,st Sessions to the Legislature of tl.e I'rovinr,- I
lia\r tho lioiior to .t.nimand and what has been done thereon
Api.rehend.ng that tho llrst step towards annoying tho Eueuiy abroad wa., to l,o

[Notes.] Phovince Laws. — 1757-58. 121

first secur'd at homo, I thoiiglit it my duty upon my coming to tho chair of Mils flov-
crnment to enquire how Mio Country was prepared for such Dofciico. I liad occa-
sion at my very lirst entrance to know aiiil to lind the Militia totally ruiii'd, inef-
fectual and useless, and I have sinco upon eucifliry found that the Defence of llio
Inland Frontiers was not more to be depended on in case of any Inem-sions of tlio
Indians. I have propos'd a Militia Law that may be elTectuali and tho' this be a
point that could never yet since tho existence of the present Charter be carrieil, I
nave the happiness to acquaint Your Lordsliips, that I have after one or two unsuc-
cessful 1 attempts had the fortune this last Sessions to succeed in obtaining an Act
providinfj for the duely mustering arming & disciplining every able bodied njan
within the Province and further for the rc;:;ular ordering; and governing of such
when upon an Alarm or Invasion call'd out to service.

I have in this Province thirty two Ilejjiments containing in all upon the Alarm
List Forty five thousand seven hunilrcd and sixty four men of which ;>7,44(J are by
law oblig'd to train and turn out into the field upon any Alarm or Invasion undeV
this Law— that now makes Mutiny and Desertion death — I now tlKsrcfore hoi>o
after havinjj: modell'd and fram'd this body of men into more and smaller Eegiments
and other Divisions better adapted for training & disciplining them to sec the
Antient and Military spirit of New England revive in proportion as their Discipline
reforms. •

I also laid before them as referr'd to in my speech a Method (No. 2.) of ilefending
their Inland Frontiers in which I have the pleasure to see them intirely acquiesce
and they will make provision accord inglj'." — Extract from letter of Gov. Poicnull to
Lords of Trade: ibid., I. i., 23.

" Feb. 14, 1758. Advised that Five hundred more of the Acts lately passed tho
General Court for regulating the Militia within this Province be Printed, and dis-
persed to the Captains of the several Military Companys within the Province." — Ex-
ecutive Eecords of the Council, vol. 3, p. 339.

" March 23. 1758. In the House of Representatives. Whereas the great Scarcity of
Labourers which will be the natural consequence of so large a Body of Forces as are
raised and to be raised for his ^Majesty's Service within this Government the present
Year makes it necessary that such as are left be not called off from their Labour.

Voted That all Persons borne on the Alarm List be and are hereby exempted from
all Military Musters, and other Military Duty, excepting in case of Alarm on the
second and third Mondays in April, the first Monday in JSlay, and the first Tuesday
in June next, as enjoined them by an Act passed in the last Sessions of this Court
intituled An Act in addition to the several Acts of this Province for regtilating the
Militia, and all Persons are hereby excused from every Fine that might have been
incurred by force of said Act had this Exemjitiou not been made, as also from tak-
ing the Oath in said Act required untill the last Monday in October next. In Coun-
cil—Read and Concurred."- C'oi/Hr-/; Jiceord.'^, vol. XXlt.,p. 292.

§ fi. " June 8, 1758. To James Otis Esii"" the sum of Sixteen Pounds thirteen shil-
lings to discharge the Acco' fif Bayonets supplied Capt Richard Baxters Company
in the Regiment of Militia under his Command.

To Samuel White Esq"" the sum of Forty nine Pounds to be by him paid to whom
due for Bayonets sui)|)lied ]iart of the Regiment of Militia under the Command of
Col" Epliraim Leonard." — Executive Records of the Council, vol. :],p. 409.

" June 14, 1758. To John Ashley and others the sura of One hundred eighty two
Pounds two shillings and eight pence for Bayonets supplied the Militia (pursuant to
an Act for further regulating the Militia) agreeable to the Schedule to the ^Yarrant
annexed." — Ibid., p. 411.

" June 15, 1758. Voted that no Warrant be Advised for the Providing of Bayonets
for the Companies of Militia in this Province unless the Captain or Chief Oflicer of
the respective Companies to whom by Law it belonged to provide the same and to
exhibit the Acco''^ thereof shall in their several Acco'« so to be exhibited parti<nlarly
mention the Names of the Persons unto whom the same were delivered."— /6t(/., ;).
413.

" July 7, 1758. Ordered in Council by Advice that tho several Officers of Militia
who have, furnished any of the Men in their respective Companies with Bayonets,
do make Oath before some Justice of the Peace to their respective Acco'*, and to
the List of the Persons who received the same before their Acco'» be allowed and
passed."— /6((Z., p. 418.

"Oct. 9, 1758. To Capt. Peter Coolidge and others the sura of Two hundred sev-
enty nine Pounds thirteen shillings to discharge their Aceo'^ of Bayonets supplied
the respective Military Companys under their CommaniL agreeable to an Act of this
Province entitled An Act in Addition to the several Acts of this Province for Regu-
lating the Militia." — Ibid., p. 4:'.2.

" Oct. 14, 1758. To Nathaniel Coolidge and others the sura of Fifty eight Pounds
ten shillings to discharge their respective Acco'* for Bayonets supplied the Military
Corapanys under their Comraand agreeable to IjHw."— Ibid., 434.

" Nov. 4, 1758. To Capt. Thomas Chute and others the sum of Sixty seven Pounds
eighteen shillings to discharge their Acco'" of Bayonets suiiplied the respective Cora-
panics of Militia under their Command agreeable to IjOW."— Ibid., p. 439.

Cliap. 10. " March IG, 1758. M^ Flnckcr frotn the ITouse of Representatives came
up to the Board with a Message proposing to jiroceed to the choice of Collectors of
Excise on Spirituous Liquors by joint Ballf)t of the two Ilouses, to morrow 3 o'clock
Afternoon. Samuel Danforth Esq. from the Board informed tho House by Message
the Board agreed to the Proposal of the House saving that tliey would further jiro-
pose to come to the choice at 11 o'clock in the P'orenoon — To which the House
agreed."— CouTicii Records, vol. XXII., p. 2T2.

122 TiioviNCE Laws. — 1757-58. [Notes.]

"March 17, 175S. The two Ilouses agreeable to their Resolutions of Yesterday
proceeded to the Choice of Collectors of the Excise on Spirituous Liquors hy joint
Ballot of l)otli Houses, and after ^ouniing & sorting the Votes by a Committee it
ai»peared that the folhjwing Persons were chosen by a Major Vote, viz'

For tlie County of Suffolii M"" Tliomas Fletcher,

For the Cutintv of Essex Daniel Epes Esq,

For the CountV of Middlesex M^ Jolm Remington

For tlieCountV of Hampshire M"- Gad Lyman

For the Count v of Worcester Gardner Cliandler Esq

For the CountV of Plvmouth M"" Israel Turner

For the County of Barnstable M^ Daniel Davis

For tlie County of Bristol M"" Seth Williams Jun"-

For tlie County of York M^ Daniel Clarke

For tlic County of Dukes County M"- Ichabod Wiswall

For the County of Nantucket John Bunker Esq.."

— Ibid., p. 275.

" February 1, ITOO. In the Hou.se of Representatives. The Petitions of John Erv-
ing juni- M('ss" Gilbert Del)lois, William Whitwell and William Hunt were read
agTxin and tlic following Resolve pa.s.sed viz'

Wlicreas the Petitioners have confessed Judgment at the last Inferior Court of
Common Pleas for the County of Suffolk for breach of the Act of Excise Anno 1757
and incurrt'd the penalty of £-'00— each two thirds whereof is due to this Govern-
ment and one third to the Collector of Excise. Aud Whereas it appears that there
was no intentional Fraud in the Petitioners and that the Collector has received liis
Dues for Excise, an<l so no injury has incurred to the Government— Therefore Re-
solved That the Govcirnments part of the Fine be remitted to the Petitioners
respectively. In Council. Read and Concurred Consented to by the Governor."
-Ibid., vol. XXIII., J). -'3'J. 1^

Chap. 20. The act of 1752-5.3, chap. 15, was extremely obnoxious to the Baptists,
whose efforts to secure its modification or repeal are detailed in the following peti-
tions. Although these; petitions were summarily dismissed, it would seem that they,
eventually, procured tlui desired relief; for the act of the present year was revived
and continued until Jan. 1771, before which time a still more favorable act was
passed (1770-71, chaii. 10.) in which the Legislature showed such deference to the
feelings of the T}a])tists as to designate them, in the title and body of the act, " An-
tipedohaptists " instea<l of " Anabaptists " as formerly. This last act was succeedcHl
by the act of 1774-75, chap. (!, which was continued in force after the adoption of the
Constitution. See, also, the action of the Privy Council on chapter 5, of 1708, note,
poft.

" To Ills Excellency AVilliam Shirley Esq"" Captain General and Governour in
Chief in and over His ^fajesty's Pro\ince of the Massachusetts Bay in New England,
and to the Hon''i>^ His Majesty's Council and the Hon'''<' House of Representatives in
CJcncral Court Assembled at Boston the 2'.i*'> Day of May Anno Domini, 1754.

Tlu! Memorial and Remonstrance of Thomas Gr(^on, Thomas Boucher, Ebenezer
Moulton, Ephraim Bosworth, Josci>h Collins, Phillip Freeman, Joseph Gould,
Tliomas Cheney and John Procter a Committee appointed in behalf of several
Sr)(i(!ty's of tlio People called Baptists Inhabitants within the said Province, —
Hiinilily set forth.

That in the Royal Charter granted by their Majesty's King William and Queen
Mary to the Inhabitants of this Province, wherein Your ^^fcmorialists. and all their
Brethren of the said Baptist Persuasion are included, Their said Majesty's were
grai-idusly pleased to Ordain, Tliat We aud every of Us, and Onr Children, that
slinnid Ui'. horn here, or on the Seas in coming here or returning from hence shall
liave and enjoy all Lihertys and Immunities of free aud Natural Subjects, ti> all
Intents (Constructions and Purpos(;s whatsoever, as if We, aud every of thena
w<Ti! horn within the Realm of England, and for Our further Ease & Encourage-
ment, Their sai<l .Majesty's of tlieir Princely Wisdom, Royal Grace and Meer Motion
ditl further (iniiit I'istaiilish and Ordain to Us, under the mildest Api)ellatioiis of
Loving Sulijeets, Onr being denominated .\nabaptists in any wise Notwitlistinid-
iii|j, That there shall lie Liberty of t'ouscience allowed in tlie Wor-ship of tJOl) to
all Christians, excejtt Papists, inhabiting or which shall inhabit or be resident
witliin this Province or Territory— From these suuunary Abstracts, May it please
Your Kxeelleney and Honnnrs, We Apprehend it i)lainly Ai>peareth that Your
Memorialists, in their sai>l Capacity, anil all other His Maiesty's good Subjects of
till! Biiptist persnasicui whether they he denominated by the Terms of Geiieral or
I'artieuliir Baptists, Learned or Illeterate, it matt< is not, in jKiintof the Roval Indul-
ijciice to them .HO graciously an<l freidy granted, l)nt that they and every of them, his
Mnjesfy's Loyal and loving Snlijeets of the said Bajitist Persnasion,' have as good
Amph^ and Kxtensivn u Ilight to Think and Act for themselves in matters of a
Ueligioiis natnre, and have indeed as Absolute and Unlimited an Indulgence to
jierform the Worship of .\lmighty t;OI). cousonaut to their C<uu-iences. and that
with Imnunlty, as any, or all and every of th«< other respective Dissenting Churches
and Soi-ietys within this his Maiesty's Province or Territory Whonisoever, he
they Congregaiionalisls, Independents. Presbyterians or however otherwise de-
Momiiuited, These |<oinis beii).^ thus brielly Premised, In which We prav th.at this
Ilon''''^' Court will not look with a Severe Eve* on vour Remonstrants iii that they
Insist upnu anil claim their Priviledges by itirth right, more espeeiallv when it is
rnnHldori-d. that so long since, as from the Year 1(;".»2, to the Year 1728, Onr said
Brethren of the Baptist Persnasion, Inhabitants of this Province, have been more
or lo.s.1 harras-scd and Oitpressed with .Ministerial Kates so called, Aud uotwith-

[Notes.] Pkovlnce Laws. — 17i>T-o8. 123

standiiip; the express Roviil Indulgence to tliem j^Viinted, by the Charter as before
iiHMitioniil. liav(! with a hljih liand and by C'(>ni]nilsinn, <-i)ntrary thiTcunto, been
enfon-t'd to jiay ISIinisterial Taxes for the Maintenance of sn<'h Nlinisters as are in
Fact Dissenters themselves, and njjon whoso Ecelesiastical Administrations, Onr
said Brethren, could not in point of Conscience Attend, and for their refusal to pay
such ISIinisters Rates, have oftentimes, had their Bodies Seiz(^d upon and thrown
into the common Goal as Malefactors, aiul their C'attle Swine Horses Household fur-
niture and Implements of Husbandry forceably distrained from them & shamefully
Sold, many times, at not One quarter part of th(i just Value by reason that Tcoph;
of ri'al Virtue and Goodness were Kcncrally ilisinclined to buy or even bid at sucli
sort of Coercive Outcrys, whereby the Estates of Our said Brethren became a I'rey
to (Jriping Officers & their Attendants, forasnmeh as generally siieaking the Bill of
Charges brought by the distraining Oliicer for himself and his Assistants, would be
so Swelled, inclusive of the Ministerial Kate as nearly to eounterliallance the
several Articles distrained from Our brethren aforesaid— It is with Itcgret, that
Wo find Ourselves Comjielled to look back so many years past, on the repeated
Usurpations over the Bodies & Estates of Our said brethren, & how(!ver disagree-
able the Retrospect may be, it is, indeed, We think at this juncture l)ecom(! cjuito
necessary (as perhaps may apjiear in the S(M|uel) in order the more clearly to convey
a just conception of Our Grievances to Your Excellency and Honours, to unfold
things as they then really Existed. Inasmuch as from the like Injurious Fountain
of Ministerial Assessments, Our present Oppressions derive their Origin, \\ith all
due diflference, therefore Your Jlemorialists proceed further to Observe, That the
heavy Pressures & Alllictions occasioned by the aforerecited distraints Iminison-
ments and the Losses consequent thereuiion for Ministerial Taxes, made many of
the said Baptists bend, almost ruined some of Our People, and dislieartned otlnjr.s
to such a degree, that they Moved with the remaining EtTocts they had left out of
this Province, We have herein, in tlie abovenientioned state of Our Case, Ix^en
briefiy, and in One general View pointing from the Year 1G!12 down to the Year 1728,
at which last mentioned time affairs seemed to be drawing to a Crisis, Ministerial
Taxes were drove with Vehemence, through the Province (Excepting the Town of
Boston, and some few other Towns) even Episcopalians, as well as Baptists and
Quakers, were indiscriminately laid hold on, and some Imprisoned for Ministers
Rates, Four of Our Friends & Brethren about this time were brought down out of
the Countrey, & thrown into Boston Goal, which when Lieu' Governour Dummer
who was then at the Head of the Government, had information of, he expressed a
singular displeasure at such harsh proceedings. & forthwith Ordered them out of
Prison with free liberty to return home to their respective Faraiii(!S — Our Frien<ls
and Neighbours the said People called Quakers, and Our said l>rcthren, the Bai>-
tists, being no longer aide to endure these continued Impositions & Severitys, by
their respective Memorials made Application Once & again to the Oeneral Court
for relief, which at length after considerable Cost & Charge to the ^Memorialists,
produced the first Act of Exemjition so called, Intitled An Act to Exeaiiit I'crsons
commonlj- called Anabaptists, and those called Quakers within this Province from
being Taxed for and towards the Sujiport of Ministers, Tiiis was in the first &
second Years of his present Majesty's Keign. but as this Act only Exempted their
Polls and not their Estates, & being remarkably limited to such Persons only as
lived within Eive Miles of the place of Meeting, it was bantered and laughe(l at
even by some of the principal Gentlemen of the then General Assembly & called
iu Derision the five Mile Act, in Allusion to the famous Act made in England
against the Dissenters in the Angry persecuting times of King Charles the Second, [17 Car. 11.]
— Both Bai>tist3 and Quakers hereui)on renewed their Applications to the General
Court determining if they could not Obtain further relief here to carry home their
several Complaints to the King wli(>re tliey were well assured of full redress— This
produced a second Act in the Year, 172'.l, wherein the Baptists & Quakers were
Exempted both as to Polls & Estates but clogged however with a limitation for
less than five .vears, at the Expiration of this second Act which brings Us to the
Years 1733 & 17:34, Our said Brethren were again Obliged to ai<ply to Ww. General
Assembly, Governour Belcher being then in the Chair, And an Excellent Friend
he really was to the Baptists & (Quakers through the whole of his Administration,
nor can We Omit in point of gratitude further to declare in this Our Memorial that
the late mentioned & truly Hon''''' I>ieu' Governour Dummer was indeed Our good
Friend & quite Averse to every thing tending to Oppress the t,)nakers & BaiUists
—In the Year 1734, upon Application again made as aforesaid A Third Act jtassed
to Exempt Persons commonly called Anabaptists from ^Ministerial Taxes this
third Act was more clear accurate & bett(;r drawn than citlier of the former &
therein it is expressly set forth That to the intent it may be better known wliat
Persons are of that Persuasion & who are Exempted by this Act, That the Assessors
of each Town where any of the said Anabaptists live or their Lands in tiicirown
Actual Improvement Ij-e, shall take a List of all such Persons & forrliwith transmit
the same to the Clerk of the Town, which list shall bo entrcil on the Record of
such Town by the Clerk, that so any of the People called Anabai)tists or any Mem-
bers of their Society thereto appointed may View such List, have a Cojjv thereof if
they desire the same paying only Six pence therefor, And if any Person of that
denomination shall be Omitted in such List by the Assessors taken and the Asses-
sors shall be Certified thereof in Writing under the hands of Two Principal Mem-
bers of that Persuasion appointed thereto by the nspective Socif^tys, that such
I'ei'sons not inserted in their List they believe to be Conscientiously of their Per-
suasion & they do fretpiently & Usually Attend their Meeting for the Worship of
(^lOD on the LORDS Day, the Assessors shall also Exempt the said Persons so
Omitted & their Estates iu their Actual Management & Improvement as well as all

124

Piiovi^cE La\v.s. — 17o(-a8. [Notes.]

others inserted in the said Lists from all Rates & Taxes by the said Assessors to be
ma<lo for Mio Siippo'-t of the Minister or Ministers in their Towns or for Erecting
places of Puhlicic Worsliiii, tliis Act to continue for Five years &C''— Our Oppres-
sions on Account of Ministerial Taxes as aforesaid seemed now to appear upon the
decline, yet iicvertTielcss in rcallity have in a considerable measure been continued
throufhcnit cvcrv of the said Acts" by reason tliat as in the former, so also in the
last recited Aet'tlierc was no Sanction, no Penalty annexed on the said Assessors
for their default of not doing their Duty in taking such Lists of the People called
Anabaptists in their respective Towns as the Act directed— And when Oyr said
Brethren have at sometimes reminded the Assessors of their Omissions herein, They
were generally Snulibed & in a Contemptuous manner Answered That the Asses-
sors knew nothing of any such Act, nor would they concern themselves therein,
Other Assessors more knowing & Intelligent insisted upon it that as there was no
Penalty allixed on the Nonperformance of taking such Lists of the Anabaptists in
their rcsi)ective Towns They would not trouble their heads about it, So that in
most if not every Town of this Province where Our said Brethren dwell, no such
Lists as the said Act points out were ever taken, or at least that We could (^ver come
to the laiowlcdgc of. Which Omissions of Consequence exi^osed several of Our
brethren to Joiirneyings some of Forty Miles, others to a more & less distance in
Order to procure Certilicates from their respective Societys that they were Baptists,
The loss of Time Travel & Expences from hence Occasioned, has sometimes
Amounted to more than the IMiuisterial Tax— Upon the Expiration of this third
Act the Baptists were again for the Fourth time exposed to the iurlhcr Trouble
Cost & Charge to apply to the General Court for a renewed Exemption which at
length iiroduced a Fourth Act of the like Tenor & Import with the A( t last before
reched (which brings Us to the Year 1740) & this fourth Act was Enacted to be in
force for the term of Seven Years, during all which time last expressed the said
Assessors persisted to the great detriment of Our said Brethren in their Omissions
as aforesaid this said last Act being as utterly void of any Penalty on them for
their Neglect as the former. We are now coming to a more hapjiy Epoclia — namely,
to the Year 1747, under the Mild & good Government of Your Excellency,— At the
Expiration of this fourth & last Act which was to end in the said Year 1747, Our
said br(>thren, many of them, being near worn out with so many Applications &
repeated Struglings to Olitain a just redress of th^ir Grievances as aforesaid, were
determined to make Application to His iMajesty but so it remarkably came to pass
that in this very Year of 1747, the General Assembly of this Province made an Act
for reviving & continuing sundry Laws expired or near expiring wherein the Act to
Exempt Persons connnonly called Quakers & also the Act further to Exempt Per-
8f>ns commonly called Anabaptists & every Clause Article & thing therein contained
were Revived Continued & to remnin in full force Ten Years from the Publication
of this Act. Your Excellency, His I\laj(>sty's Council & the House of Represent;x-
tivcs therein publickly. like Wise & good! Legislators, declaring in so many Words
that the aforesaid Laws (to Exempt the said Quakers & Baptists) have by Expei'i-
ence been found beneficial & necessary — This was the most Generous just & kind
Treatment that the Baptists & Quakers ever experienced from the General Assem-
bly of tlu! Massachusetts Bay & inasuuieh as it was purely the effect of their own
good Will & nicer motion, not being Sollicited therefor, & the Exemption extended
to a longer term of Years than any of the former Acts it was still tiu^ )uor<> bencfi-
<'ient & failcil not to i)en(>tr.'ito the hearts of all Our People with in-oportionato
Sentiments of Real tliaidcfidness to tlio whole General Court, & in a singular
manner to Your Excellency under whose Serene Admiuistraiiou it had its hrst
Operation, The Baptists now & with good reason as might be supjiosed justly
Expi'cfcd aftiT all their former Tossings Conflicts & Altlictions to have enjoyed
Peace & Rest in the Land, for at least the term of Ten Y''ears commencing as afore-
Baid, but these their Expectations were it se(>ms soon cut down & Withered For so
indeed it was that sometinui aliout the beginning of the last Year 17,j)!, Your Excel-
Icney. nidiappily for Us, being then in Europe, Tiiat the Lieu' (!ov{>ruour. Council
& House of IJepreseufatives passed An Act which is Surprisingly Intitlcd 'An
'Alt in Addition to an .\et pass 'd tin; l.i'i' Year of His jirescnt Majesty's Ueign,
' Intitled '• An Ait furtlier to lOxcnipt I'l^rsous commonly called Aiuibaiitists within
'"this rrovinee from being Taxed for and towards the Support of Ministers."'
whieli runs thus —

" Whereas notwithstanding the Provision already made by An Act made & passed
"in till' i::"' Year of His present Majesty's ReignTntitlcd "' An Act further to Ex-
" 'empt persons lomnionly called Anabaptists wit liiu this Province from being Taxed
"Tor & towards the Support of Ministers in Order to Ascertain & make known
" • what Persons are of that Persuasion whieh denominates them Anabaptists. & who
"'shall enjoy the I'riviiedgi'S vS; be estceiiied as Inlitled to the Exemption from
"'Taxes &e. in said Aet mentioned, many doubts have already arisen thereon & in
" ' many ("uses lli(> said Exemption lias been extended to manv Persons to whom tho
" ' s;iinc was never designed to Extend, For )ireventing thereof for the future & in
" 'Order to .\seert:iiu more effect ually what Persons shall be Esteenied & Accounted
" ' as .Anabaiitisfs & to whom the said Exeiuplions shall bi^ hercaltcr extended Be it
" ' Kiiaeled by the Lieu' Govcriiour, Council & House of Representatives, That no
" '^ Person for the future shall be so Estceined to be an Anabaiitist as to have his Poll
"'orl'iilNit Kslnte Eveiuiited from paying a i«roporlionate part of the Taxes that
"'shall be raised in the Town or I'laee wliere he or fhev belong, but such whoso
" ' names shall be ei.ntaiiied in the Lists taken bv the Assessors as in said Act pro-
"■ vid-il, orsueh MS shall pri"luec>a Certideatc under the hands of the Minister & of

'Two ).rini ipal Members of siieli Church sotting forth, that they Conscientiously

[Notes.] Province Laws. — 1757-58. 125

" ' Ticliovo su(.'h Person or Persons to l)o of their Persuasion & tliat'.ieortbey Usually
'• • & frequently Atteml tlie Puhlick Worsliiji in such Churcli on LOEDS Days.

" ' And be it further Enacted, That no Ministrr nor the Mcmbrrs of any Anabaptist '
" ' Church as aforesaid shall bo Est(!em(HlauaIifie(ltogive such Ccrtilkatc as aforesaid,
" ' other than such as shall have Obtainea/;-oH( three other C'h'irrh's commonly called
" ' AnnabaiUists in this or the Neighbouring Provinces, a Certificate from xich rrsjiect-
" ' ircl// That they esteem such Church to be One of their denomination & that they
" ' Conscientiously believe them to be Anabajitists, The scvcrul Ccrtilicutes aforesaid
" ' to b(' Lodixed with the Town Clerk where the AnabaiHists (desiring such Exemi»-
" ' timi) dwells, sometime betwixt the liaisinjj or Cirantiufj of the Tax & tho Assess-
" ' ment of tho same on tho Inhabitants, This Act to continue & bo in force for Five

" ' Years from tho Publication thereof and no longer.'" This truly strange sort of

Ai. \ct Your Remonstrants have herein as above transcril)ed at large as it stands
and present tlio same in Open View to Your Excellency & this Hun''''^ Court, with
all respectful Modesty and deffcrenco craving leave to Observer That as there is no
Legislative Pt)wer or Authority whatsoever Existing in this His Majesty's Province
of tho Massachusetts Bay but what stands Subjected & Answerable to a much
higher Trilmual at Home, And \\'hereas there seems to be a great Probatiility from
the continued ill Treatment which Our Ancestors & Wo of the Bajitist Persuasion
now Surviving have undergone in this Province and the same ill Sjiirit being at this
Day in many Towns too I'redominant, That Our just Complaints thereupon (unless
fully redressed here) must of course be sent home; For these reasons therefore
We humbly pray of Your Excellency & this Honiiie Court that Y''our Memorialists
may not be looked ujiou in a Culpable Light, When We Complain antl Remonstrate
v.itli all just freedom & Opeuess of mind becoming Free Men, good Protestants &
Loyal Subjects of His iNIajesty against tlie said Act passed by the said Lieu' Gov-
ernour Council and House of Rei)rcsentatives, as being contrary to the Liberty of
Conscience to Us granted by the Royal Charter as aforesaid, and Rei)ugnant to the
Laws of England, and which hath as far as therein Lay Disfranchised Unchurched
& Usurped an Illegal Power over all the Religious Societys of the Peoj)le in the
said Act called Anabaptists tliroughout this His Majesty's Province of the Massa-
chusetts Ray & moreover Subjected each & every Anabaptist Church in the Prov-
ince in a very unreasonable & unheard of manner to a New Sort of a Spiritual
Court consisting at least of Three other Anabaptist Churches, as tho Act calls them,
to give each of them a Certificate respectively, & lor what, why truly that an Ana-
baptist Church is truly an Anaba;)tist Church so that indeed it is necessary by this
Act that Four Anabaptist Churches must be Co-operating together in this jumbled
decision, for not less than three in number can be sufiicient in the Eye of this Act
to Certify for One other which makes the Fourth, But may it please Your Excellency
& Honours where is it possible for tho poor Anabaptists to find in this or the Neigh-
bouring Provinces, or indeed in all the World the First three Authenticated Anar
baptist Ministers & Churches to Certify & Authenticate tho first Three— Over &
aliovc the obvious Absurdities in this tinreasonable Act tho Severity thereof is
remarkable in Exposing of Our said brethren to the Loss of so much' time & the
considerable Charge & Expence which necessarily must arise in Journeyings to and
fro in this Province & the Neighbouring Provinces in jiursuit of such Chimerical
Certificates utterly impossible to be Obtained — Always heretofore, until such time
that this Famous Act was made the People commonly called Anabaptists in all
places where they reside, as well in this Province as every where else, were looked
uiion to be such by Professing themselves to be of that Persuasion & by their Usu-
ally & frequently Attending the Worship of GOD with the People of that denomi-
nation when Opportunity so presented, As also by their distinguishing Charracter-
istick of Immersing or Dipping the Person Baptised in Water — And the Assessors
in every Town where such Anal)aptist or Anabaptists dwells were expressly
Ordered as aforesaid to take a LiStof all such Persons that they might be Exempted
accordingly (without their being drove about, either in the Province, or Out of it,
to hunt for Certificates) and of the repeated Omissions of the Assessors in doing
their duty herein as the Acts directed We have as herein before Observed, often
Coranlaincd, but to no Effect — For which reasons (& many others which might be
OfTcred) the said People called Anabajitists ought not to be exposed as abovesaid
to such Unreasonable Diflictiltics. Costs, Loss of Time & Damages which this vio-
lent Act subjects them to. And what still adds an Aggrevation hereto is the further
(.Jontemjilation That Ilis Honour tlie Lieu' Governour, the Council & the House of
Representatives that made this Act. Were almost all if not every One of them Dis-
senters themselves from the Church of England as well as the poor Anabai)tisis
against whom this Act so sorely Militates, & which hath EfTcctually, tho' Covertly,
Revoked Repealed & made void tho Ten Years revival Of tho Act made for Otir
relief and Exemption as aforesaid, And in Lieu thereof set up an Inquisition in tliis
Province among His Majesty's Protestant Subjects called Anabaptists, wliich Our
said Constituents & Your Memorialists are fully determined at all events never to
Submit to. It is well known that His Majesty justly expcctetli, As the Charter
plainly points out & expressly declareth. That all his loving Subjects of everv
dc^noniination of Protestants in this Province shall have Liberty of Conscience &
be Religiously Peaceably & Civilly Governed Protected and Defended that so tho
Indian Natives may be won to the? Christian Faith, But is this indeed Liberty of
Conscience for One great Party of Protestant Dissenters of this I'roviu(;e commonly
called Congregationalists, Violently to lay hold of a much less & more feeble Party
of their fellow Dissenters in this Province commonly called Anabai>tists standing
upon an equal level in the Royal Act of Indulgence with the other Protestant I>is-
senters And forceably to Compel the said Anabaptists to pay Ministerial Rates &
Taxes against their Consciences to Dissenting Ministers of quite another Denomi-

126

Province Laws. — 1757-58. [Notes.]

nation & on whose Ecclesiastical Administrations Our said bretLre^i do not Attend
& for sufh tlieir just & reasonable refusal to pay such Ministerial Rates to be har-
rassed'luinoverished Imprisoned & their Estates Crumbled & distramed away from
them as verv lately & notoriously has been the distressed Case of several of Our
brethren in tlie County of Worcester (more especially in the Towns of Upton &Stur-

Natives to the Christian Religion— Even Boston Goal it seems unhappily begins
anew to be the Receptacle for such of the Couutrey Baptists in the County of
Suflolk that refuse to pav Ministerial Rates, An Ancient JIau named Eleazer
Adams a Substantial Freeholder of Med way & a Constant Attender for several
Years past on the Baptist Meeting at Bellingham was brought away from his own
House Twenty Seven Miles distance & Committed Close Prisoner in said Goal the
lO'h of April last, And not long before another IMan named Jesse Hoi brook of Bell-
ingham a Constant Worshipper with the said Baptists was Committed to Boston
Goal for tlie Ministers Rate of Wrentham, all Bail being refused.— Your Memorial-
ists, May it please Your Excellency & this Hon^'' Court, are Ordered by their said
Bretlireh & Constituents in a serious manner to Remonstrate against this last men-
tioned Act of the Lieu' Governour Council & House of Representatives as a Mani-
fest Infringnient upon the Natural & Religious Rights of the said I'eople therein
called Analpaptists and further to Remonstrate & Complain against all and every
other Act anil Acts whatsoever heretofore made iu this His Majesty's Province of
the Massachusetts Bay Wherein the said People called Anabaptists were Enforced
or in any other shape Compelled to pay such Ministerial Rates as aforesaid Inas-
much as all such Pavments are contrary to their Consciences & that all such Acts
Laws & Ordinances 'to Force & Compel them thereto are contrary to the Liberty of
Conscience to them so freely held forth in the Royal Charter & unto them Given &
Granted as extensivelv & upon as good a footing without reserve as to any other all
or either of His Majesty's Protestant Sulijects of this Province whomsoever, And
that therefore the said People commonly called Anabaptists in this Province are &
ouglit to be bv the said Royal Charter in all points of a Religious Nature equally as
Independent "& free from all Spiritual Subordination & Ghostly Subjection to any
otlicr Denomination or Denominations of Protestant Dissenters of this Province,
As They or cither of the said Denominations are & ought to be free & Independent
in Religious matters from the People called Anabaptists, From hence your Remon-
strants, with all just deference, apprehend it of course followeth, That however
largo or more Numerous One Denomination of Protestant Dissenters in this Prov-
ince may increase in People & thereby become above another Denomination, even
to be so Numerous as to gain such an Ascendant as to make up the whole Legisla-
tive Power in all its parts. Yet nevertheless such Denominatiou as last mentioned,
derive not therefrom any Authority whereby to make anj' Act or Acts whatsoever
to Oppress Afflict or unjustly Subordinate the less or more feeble Denominations
of His Majesty's Protestant Subjects of this Province in matters of Religion &
Conscience, And were it indeed the Case that such an Act or Acts as last men-
tioned may have heretofore been made in this Province, & Sent Home for the
Iloyal Approbation & not Disapprobated in Three Years it Avails not the least in
this Case nor is any strength force or Efficacy whatsoever thereby added to such an
Act or Acts, They being contrary to the Charter as aforesaid & Repugnaut to the
Laws of England. And in point of Law (as Your Memorialists are informed) Such
Repugnant Act or Acts never had nor can have any Existence unless the Charter
were Vacated— Wo humbly crave Your Exeelleney's Clemency & this Hon'*''-'
Courts favfiurablo goodness, for extending this Our Memorial & Remonstrance to
sucli an Unusual Length made so by the long continued Oppressions jn'oductive
thereof, further humbly praying that the said Act passed by the Lieu' Governour
Couneil & House of Rei)resentatives may be Repealed, And that an Act may bo
ma<le & passed Totally & forever to Exempt the said People commonly called
Anabiij)lisls & every of them within this His Majesty's Province of the Massa-
chusetts Bay from paying any Ministerial Rates Taxes or Assessments whatsoever.
Ami that such Pers(m or Persons professing himself or themselves to be of that
]'ersuasion commonly called Anabaptists may bo so deemed accordingly without
furllier Harrasmeiit or V(!xation, And that all such Persons within this Province
commonlv called Anal>aj)tist3 that have at any time within the Si)ace of Five Years
limt past liad tlnir Bodies Iniprisoninl for Ministerial Rates, or their Estat( s, Cioods
& Chattels distrained therefor, m.ay be honestly rc^funded their just Damages Such
nn Act aa this will .Manifestly display the Disposition of the Government of this
Province to be Honouralile Upright & Impartial, will Silence the Crys of the
Oppn^Hsed, will put a stop to such Grievanc(>s as in default thereof will necessarily
bo laid before His Maj(^sty, Will be a further means of iiu-reasing the Strength (if
this Province by bringing in Jtdiabitauts from Abroad and keei)ing otliers already
licre from Moving out, and will with all becoming thankfulness be received by the
»aid People commonlv called Anabaptists, among which Number are includeil
Your Memuriulisls & Uemonstranls as aforesaid VVho as in Duty bouiul will evei
pray &c'.- Tho.m.vs Guei.n

Tno» BoicHEu

ERENf MOCLTOX

Ephuaim Bosworth
JosKPii Collins

rillLir Fltl-.l MAX

Josri'ii Goft.D

Tho.'MAS ClIK.M'.V

Boston May. T.P' ITM. Joax Pkoctku."

[Notes.] Province Laws. — 1757-58. 127

In Council June 5. 1754 Read & Forasmuch as this Petition contains several
indecent reflections on the Laws and Legislature of this Province therefore
Ordered that it be dismissed. Sent down for Concurrcnt.e.

Tii()» Clarkk. Dp'> Sccry
In the House of Representatives Nov 15. 1754

Read & Concurred

T. HUBBAKU Sl)k^

— 3fo.ts. Archives, vol. 13, p. 496.

"To His Excellency William Shirley, Esq"", Capt" General & Govern"" in Chief, in
& vwT LLis Majestys Province of the Massut hus"^ Bay in N Engl'' & to y" iIon'»i'= his
Majestvs Council And the Honourable liuusc of representatives in General Court
'Assembled at Boston the '-'a^ day of Oetobr AD. 1754—

Tiie iMemorial & Petition of John Procter, Agent, in behalf of several Sociefys
of the People called Baptists, luhabitauts within the said Province —
Humbly Sheweth

That on the 2!)'i» daj' of May Last A Memorial & remonstrance, drawn by Order
of tlit^ said People, & Signed by a Committee appointed for that Purpose, was hum-
bly presented, in order to be laid before Your Exeellcnc-y, the Council & h<iuse of
Representatives, but, so indeed it eventually Oeeurred, that the s<' Memorial was
not sent down to the Hon'^'''' House of Representatives, but was read & Passed upon
in Council, as foUoweth —

Viz', ' Province of the Massachusetts Bay, On the Petition of Thomas Green
Thomas Boucher, Ebenezer Moulton, Ephraim Bosworth, Joseph Collins, Philip
Freeman, Joseph Gould, Thomas Cheney, & John Procter. —

In Council June 5"> 1754 Read and Forasmuch as this Petition contains several
indecent reflections on the Laws & Legislature of this Province therefore Ordered
that it be dismissed' —

The sentiments of the Hon'^'c Council & their result consequent thereupon, have
given rise to this present Exposition of the true Intentions of the said Peoi)k? called
Baptists, as contained in their Memorial and remonstrance aboves^ — And Your Pe-
titii", in his said Capacity, is directed by his Constituents, with the greatest defenmcc,
humbly to Suggest anil Assure Your Excellency & Honours, that nothing in the
World could bo more Averse & forreign, to the Real Intention of the said People,
& their Committee, than to Offer the least Indignity or indecent reflections on the
just Laws & Legislature of this Province, And that in truth, there was no per-
versness of Heart, nor malevolence of Will, operating in any wise wliatsoever
against the Government, Your Memorialist therefore humbly Supplicates tlmt tlir;
Fortn(;r sentiments of the llon'^'e Council, to dismiss the said Petition may Suliside,
And that Your Excellency & this Honourable Coiirt would be pleased, that tlu;
^Memorial & remonstrance aforesaid may be revived, and the Subj(;ct matter
tlierein complained of, committed to the Mature Consideration of the whole C(iurt,
for the reasons therein mentioned —

And Your Petitioner as in duty bound

will ever pray &C

John Proctkk.

In Council; Octobf 26. 1754 Read & dismissd.

Sent down for Concurrence

J. WiLLAKD Secry

In the House of Re|n-osentatives November 13 1754 —
Read & Concurred—

T. Hubbard Spk'"- 76/(Z., p. 5S4.

Chap. 22. " March 23. 1758. The Secretary by order of his Excellency the Gover-
nor delivered the following Message to the two Houses viz'

Gentlemen of the Council and House of Representatives.

I perceive that an Oiiinion prevails abroad, and perhaps it is too well grounded;
that in some former Expeditious Sums of money have been given to souje of the
Colonels for their Recommendations to Commissions in their Regiments. I have
an Abhorrence of such practices, & unless some care is taken to prevent them for
the future I am afraid of very bail consequences. The only Rule of my Conduct in
appiiintiiig Officers is the Fitness of Men lor the Service and for their Characters T
must depend on other People, as I have not a personal Knowledge of asnilicient
number. But if these Characters can be purchased with money what a Situation
are wo in, I recommend this Affair to your speedy & serious Consideration.

Council Chamber March 23, 1758. T. Pownall."— Counc27 Records, vol. XXIf.,
p. 2'. 12.

In the House of Representatives. Ordered That Colo Hale; M"" Tyng and M'
Flucker with such as the honourable Boanl shall join be a Committee! to take his
Excelleney's Message of this Forenoon under consideration, and prejiarc! and bring
in a Bill for prevention of (lorrujition aecordingly In C'ouncil. Reail and CNmenrred
and Benj" Lyndc and William ■ Brattle Esq™ are joined in the Affair."— /6/(/.,
p. 2<.i.!.

" March 24, 1758. In the House of Representatives. Ordered That the Commit-
tee appointed to prepare and brinp; in a Bill in consequence of his Excellency's
Message of Yesterday, nreiiare also the Draft of a proper Answer to his Excel-
lency's said Message and report. In Council. Read and Concurred.

• • • • • •

The Committee appointed to prepare the draft of an Answer to his Excellency's
Message of Yestf^rday to both Hon.scs report (-d the same, which is a.s follows, viz'

May it please your Excellency His Majestys Council and the House of Represen-
tatives beg leave to express their hearty and unfeigned Gratitude for that Zeal

128

• Province Laws. — 1757-58. [Notes.]

Bhewn hy your Excellency against Bribery and Corruption; For your declared
Abhorrence of them, and vour i-arnest desires that care may be taken to prevent
Enormities of that kind, and they do assure your Excellency they are desirous to
join in their Endeavours with You, that as much as may be. Crimes so reproachful
to anv People mav not be found among Us, or that the Perpetrators of them may be
brou'ditto .ondign Punishment; and have accordingly jjrepared a Bill for those
purposes, which we doubt not will meet with your Excellency's Approbation. In
Council. Read and Accepted And Ordered That Sir William Pepperrell and Jacob
Wendell Esq" with such as the honourable House, shall appoint be a Committee to
present the same to his Excellency accordingly. •, ^ , tt i -r -,

In the House of Representatives. Read and Concurred and CoP Hale, Judge
Russell and Col" White are joined in the Affair."— /6W., p. 297.

" As I was sensible of the Male Practices which have been supposed to take place
at these times of giving out Commissions I sent the inclosed Message to the Assem-
bly, received from them the inclosed Answer and have the pleasure to transmit the
Act they immediately pass'd thereon."— God. Pownall to the Board of Trade, March
[•J] (;,» 1758: " Mui:g. liay, B. T.," vol. 76, J. i., 49, in PiibUc-Becord Office.

Chop. 24. " Boston, March 15"', 1758.

My Lords

•^ • * * » * *

A Bill pass'd both Houses yesterday to lay a general Embargo which I have
enacted into a Law N" 4 and 'this day sent off a second circular acquainting the
several Governors therewith, as also to General Abercrombie dfesiriug him strongly
to recommend it to them. * * * T. Pownall."— iV^cc-^

from a letter to the Lords of Trade accompany hi r/ a printed copy of this act : "Mass.
Bay, B. T.," vol. 76, 1, i., 4-3, in PuhUc-Eecord Office.

'' Mar. 15, 1758. Advised that his Excellency grant Permission for the Departure
of such Vessels as he shall think proper to employ for Transporting to any otlier of
the British Colonies on the Continent, Provisions or Stores needful for his Majesty's
Troojis or for carrying on the Operations of the ensuing Campaign-
Advised that his Excellency grant a Permit to Ca]it. Edward Colliteau to Trans-
port Provisions to Halifax in the Schooner Young Eagle whereof he is Master lor
the Use of his Majesty's Troops and for the Inhabitants Wkhq." —Executive Records
of the Council, vol. o,)). o47.

" Mar. 17, 175S. Advised & Consented that his Excellency give a Permit to the
Sloop Adventure Benj« Chadwell Master to proceed to Albany with Carpenters &
Stores for his Majesty's Forces under General Abercromby.

Advised & Consei'ited that his Excellency give a Permit to the Sloop Wilmot
Calvin Gay Master, to imxeed to Cliignecto with Recruits ior Fort Cumberland-
Advised & Consented that his Excellency give a Permit to the Schooner Peggy
Joliii TlKiUison Master to proceed to Halifax with Cordage for the Navy, he making
Oath that the Facts set forth in the Petition are true-
Advised & Consented that his Excellency give a Permit to the Brigantine Duke
William Fleet Master to proceed to Jamaica; Oath being made that the Facts are
true as set forth in the Petition —

Advised & Consented that his Excellency give a Permit to the Ship Prince George
Bcnoni Smitli Master to proceed to the West Indies, Oath being made that the Facts
set f(Uih in the Petition are true." — Ibid., p. ">52.

"Mar. 18, 1758. Advised & Consented that his Excellency give a Permit to the
Schooner Elizabeth John Frost Master to proceed to Port.smouth with Provisions
Tools and Stores for the Comjiany of Carpenters enlisted by Col" Messervey for his
Majesty's Service by Order of his Excellency the Earl of Loudoun —

Advised & Consented that his Excellency give a Permit to the Sloop Cumberland
John Dogget Miister, and to the Sloop Jonathan Sayward Master to pro-

ceed to Chignecto with Artificers and Materials for his Majesty's Service at Fort
Cumberland."— 7^/'?., p. :&.\

" Mar. 'JU, 17.">.s. Advised & Consented that his Excellency give a Permit to the
Schooner Ri'becca, Lemuel Ames Master to i>roceed to Madeira being Loaded, fallen
«lown, .Aleii sliipt iSrc. before the Embargo —

Advised &. Consented that his Excellency give a Permit to the Ship William,
Andrew Dcwcr Master to proceed to Lisbon, being Loaded, fallen down, Men shipt
&c. bcforri the Embargo.

Advised it Consente<l that his Excellency give a Permit to the Sdiooner Fair
Lady, IJobcrt Elwell Mast<'r to proceed to the West Indies.

Advised tV. Cousiiiied that his Excellency give a Permit to the Brigantine Charm-
ing Molly, .b.hn I'eirson Master, toproceed' to t]u: West Indies—

.Advised & Consented that his Excellency give a Pi^rmit to the Snow Union
Thomas Thompson Master, toproceed t>) the West Indies.

Advised & Consented tliat his Excellency give a Permit to the Schooner Lydiliud
Nil holas Thorndikc! Miuster to ])roceed on her Fishing Voyage —

Ail vised it Consented that his Excellency give a Permit to the Schooner Mary,
Slepln-n Osborne Master to (iroceed on her Fishing Voyage."— /;)/(?., p. ;>54.

" Mar. •Jit, iT.-.s. His Excellency reiiresenled to the" Board that scune Inconven-
IcnccH m:iy arise from the frequent .\pi)licaiions made for permitting Vessells to
depart on their intendc.l Voyages, whereby the int(<nded Advantage of the i)resent
Eniliargo. may be frusirated; He thereupon desired their Opinion for some general
rule for regnhiling the siinit —
The Hoard taking the sann- umlcr Consideration were of Opinion that any Ves.sel

• ThU Icltcr Ik UiiIimI Miircli n, but ll hIiouI.1 linvc bocn, evidently, »lt)Kr March 2Gtli, or Ajail Clh.

[Notes.] Province Laws. — 1757-58. 129

being two thirds Laden before the Einbar|]tn took jilaco; the Cargo bciii" of a Per-
ishable Nature, and due proof thereof being umdo on Oatli in Council or l)eforo
tlie Secretary of the Province, that in such Case liis Excellency grant u Permit for
their Departure." — Ibid., p. ;io5.

'•Mar. 21, 1758. Advised & Consented that his Excellency give a Permit to the
Schooner Abigail, Neal Conway Master, Navigated with five Aien to proceed on lier
intended Voyage to the West Indies being Loaded with a Cargo of a Perishable
Nature —

Advised & Consented that his Excellency give a Permit to the Brigantlne Lynn
Richard Lee Master with Seven Men to proceed to the West Indies —

Advised & Consented that his Excellcncv give a Permit to the Schooner Sarah
John White Master to proceed to the West Indies."— /?>/>/.

" Mar. 22, 1758. Advised & Consented that his Excellency give a Permit to the
Snow Wellington James Hornby Master to proceed to Nevis, being Loaded fallen
down and ready to Sail when tlie Embargo took i)Ui(('." — Ih'uL, p. ',','>'.).

" Mar. 27, 1758. Advised that his Excellency s^Tunt Permits to such Vessels as
are bound to Halifax with Provisions or Stores lor his Majesty's Service, upon
the Master or Owners making Oath of the same.

Advised & Consented that liis ExceHeney give a Permit to the Schooner Industry
John Junkins Master to proceed to Halifax.

Advised & Consented that his Excellency give a Permit to the Brigantine Ante-
lope Thomas Bazin Master to proceed to the West Indies."— //;/</., p. '.'*'A.

"Mar. 28, 1758. Advised & Consented that his Excellency give a Permit to the
Sloop Butterfly John Clark Master to proceed to Rhode Island, being emi)loyed in
the service of that Government —

Advised & Consented that his Excellency give a Permit to the Schooner Endeav-
our William Grow Master to i^roceod to Halifax with Stores for his Majesty's Ser-
vice."— Ibid., J). 3(J5.

"Mar. 28, 1758. His Excellency the Governour having laid before the Council a
Letter from General Abercromi)ie of the 22'' instant, desiring ' that the Governour
would take the proper measures that all such Provisions as the Army under his
Command may want should be impressed.secured and delivered to the Contractors
or their Agents, they paying a reasonable price for the same — And that the Govern-
our would appoint proper Persons to settle and fix an equal price between the
Owners & Contractors '—Upon which his Excellency desired the Advice of Council.

The Council having maturely Considered the Proposal beg leave briefly to repre-
sent the plain state of the Case, that the reasons may appear upon which they found
their Advice —

It is notorious that this Province doth not raise Provisions enough of some kinds
for the Consumption of its Inhabitants, and for the Victualling their Merchant Ve.«i-
sels and Fishermen. The Pork raised within the Government is insufticient for both
these purposes; and the Grain by no means sufliciunt for the Use of the Inhabitants
only; As for Wheat there is none at all raised for a Market, even the most Substan-
tial Farmers themselves buy more of it for their own Consumption in the tradirig
Towns where it is imported, than they raise on their Farms. It is true We raise
more Beef than We consume, and quantities have been Salted up for the West
Indies before the Settlement of Nova Seotia, since that Settlement, and more espe-
cially since the Commencement of the War, the greater part of the Surplusage of
Our Beef, together with the Surplusage of Our Mutton &c. is sent thither alive, or
fresli killed, for the Supply of the Kings Ships & Troops, and for the Use of the
Inhabitants of that infant .Settlement; At this time We import more Salt Beef from
the Southern Colonies than We export to the West Indies. Under these Circum-
stances an Embargo on the Shipping of this Province is all that appears to be
requisite. An Embargo is laid and no Provisions can be exported •without permis-
sion from the Governour with Advice of Council No permissions are granted to
export Provisions except it be to Nova Scotia; By this means if there be any Sur-
l)lus of Provisions, after Our wants, and the wants of Nova Scotia are supplied, the
Owners will be glad to let the Contractors have it; But it must be not only very
distressing to the Inbabitants of this Province but of great prejudice to his Majesty's
service at Nova Scotia to impress the Provisions that may be in the Province, and
can be of no service but to the Contractor. The Distress will be heightned if an
Embargo and Impress should take place in the Southern Governments so as to pre-
vent our receiving the usual Supplies of Provisions from thence; An Embargo and
Impress of Provisions in a Countrcy that raises them will keep them within that
Countrey; And an Embargo and Impress of Provisions in a Countrcy that is sup-
ported by importing them, must keep them out of it — and in such a concurrence of
Circumstanc<-s it would be imi)ossiljlc to say what would be a reasonable price here;
for such a Scarcity would prol>al)ly ensue as would make any Price how high soever,
not unreasonable. No extravagant I'rice has as yet been demanded that we know
of, and it does not appear that the Contractor is apprehensive of wanting Provis-
ions, as his Agent has declared to the fJovernour in Council that he has received no
Orders from him to inircliase any extraordinary Quantity since the Accounts have
Arrived of an Additional Number of Troops coming to America and that his Prin-
cipal has large Magazines of Provisions at the Southward out of which he saith ho
expects he will Supi)ly liim — Under these Circumstances such a distressing mc^asure
as an Impress would be, appears needless. But it rather aiijiears that the Generals
Letter is a circular Letter, primarily Calculated for the Governments Southward of
New York & for Connecticut, which are Provision Colonies, for He adds in the
cl\"3e of his Letter ' That the Embargo on all Vessels within tlie Ports of your Gov-
ernment may possibly prevent them from coming to New York with Provisions for
the Army ' — Now it is well known that no Provisions are ever exported from this

130

Pbovince Laws. — 1757-58. [Xotes.]

Government to New York, Fish only excepted— which is a Species of ProAisions
not commonly made Use of for Victualling the Kings Troops.—

The Council cannot therefore Advise his Excellency to issue A\ arrants to impress
any kinds of Provisions within this Province; but are of Opiniun and accordingly
Aclvise that his Excellency do represent to the Kings General that if the Embargo
in the Southern Governments should extend to Vessels bound hither with Provis-
ions it must bring great distress upon the Inhal)itauts of this Province and must be
very prejudicial to his Majesty's Ser^^ce, by putting a stop to the supply of the Mar-
ket at JIaVifax."— Ibid. , . ^ ,, * . t, -^ . ^^

"Mar. 20, 1758. xVdvised & Consented that his Excellency give a Permit to the
Snow Musketo Matthew Pennel Master, to proceed to the West Indies, She being
Laden before the Embargo took place."— /6/(7., p. 3G7.

"Apr. 1.1758. Advised that his Excellency grant Permissions to all Vessells
coming hither with Provisions from the Southern Colonies, to return to their respec-
tive Ports, the general Embargo notwithstanding."— /6/c?.,i:i. o(i9.

"Apr. 1, 175H. Advised & Consented that his Excellency give a Permit to the
Sloop Speedwell, Nicholas Hussey Master to proceed to Halifax with Provisions for
his Majesty's Navy— „ . -. r.-, ^

Advised & Consented that his Excellency give a Permit to the Sloop Success,
Jonathan Hall Master, to proceed to Connecticut haAang landed a Cargo of Provis-
ions here —

Advised & Consented that his Excellency give a Permit to the Schooner Ma.y-
flower, Mark Haskell Master, to proceed to Halifax with Provisions for his Majes-
ty's Forces."— /6/cZ., p. 370.

" Apr. 1, 1758. His Excellency having been pleased to Communicate to the
Board the Petition of Epes Sargent, "William Stevens and Thomas Sanders for
themselves & the other Inhabitants of Glocester concerned in the Fishery, Praying
that tiie Fisliing Vessels may be Allowed to proceed on their Voyage the Embargo
notwithstanding, and his Excellency having desired the Opinion & Advice of the
Board upon the Sul>ject matter of said Petition and that they would give the rea-
sons upon which such Advice shall bo founded. The Board accordingly proceeded
to take said Petition into Consideration and they beg leave to Observe to your
Excellency, That one great End which the Court had in view from an Embargo
was the restraining in Port a sufficient Number of Vessels to serve as Transports
for such part of the Forces as it should be judged proper to send to the Eastwanl,
That it now appears that the Contractor for the Transports does not think proper to
take into the 8er\nce any Vessels of so small burthen as those employed in the Fish-
ery and that therefore there is no Necessity of retaining such Vessels for that pur-
pose.

That two other principal Ends proposed by the Embargo were the preventing any
Supplies of Provisions falling into the Enemies hands and the preventing Intelli-
gence of the Mea.sures proposed.

That inasmuch .is the other Governments have not restrained their Vessels in
general from Sailing it will be of no great Importance to either of the two last men-
tioned purposes for this Government alone to continue this restraint, especially as it
is to be lujped his Majesty's Ships are now Cruizing off Louisbourg and will be able
to prevent any Supplies or Intelligence being carried thither

"That the only Advantage that can be proposed by any further restraint is the
keening a Numl)er of Men within the Province for the proposed Expedition.

That inasmuch as ^loney as well as ISIen is necessary for carrying on the War the
disadvantage which will Arise from the entire loss of the Fishing Voyages may
proltably bo more than equal to the Advantage of restraining the Men who must
otherwise be employed in those Voyages and must moreovc^r make the burden of
Publick Charges fall very unequally upon this jiarticular iiart of the Governmciiit.

Upon these Considerations tlie Board arc humbly of Opinion and do accordingly
Advise that your Excellency grant Permission to such Fishing Vessels to proceed
on tiicir Voyages as are now in Port and .shall dei>art before the Sixth day of this
Montli of April, jirovided that no Vessel under Forty five Tuns carry more than
four liands that ar(! above Sixteen years of Age, and no Vessel al)Ove Fifty Tuns
nions than tivi^ liands above Sixteen years of Age, and all Persons to be deemed
cx(!mpt from tin; I't'ualties of the Act, by force of this Permission no further than
they Comply with the ('onditions aforesaid." — Ibid.

" Apr. K, 175H. Advised tliat liis Excellency jiermit all such Vessels employed in
the Cod Fishery as are now in Port to jiursue their Voyages, provided they depart
with the first fair Wind; jirovided also that no V(!ssel iinder Forty five Tuns carry
more than four hanils that are above Sixteen years of Ago and that no Vessel of
Fifty Tuns earry more than live hands above the Age aforesaid, But that no Person
\m deemed exempt from the Penalties of the Act laying an Embargo on the Ship-
ping of this Province any further than they Comjily wilh tlio Conditions aforesaid.

Inasmuch n-s tlie Inhabitants of NantiieUet niostof whom are Quakers are by Law
exempted from Impresses for Military Services & their livelihood intirely depends
upon the Whale Fishery

Ailvised that his Kxcellency give Permi.ssion for all Whaling Vessels belonging
t<jHaid Island to pursue their Voyages taking only Ihe Inhabitants of said Island in
mtid Ve.sseJH X- tliat n|i<)n their taking any other Persons whatsoever with them,
they be Subject to all tlie Penalties of the Law in like manner as if they had pro-
ccedi'd willioiit leave."— //)/'«/., p. :i7;t.

" Apr. 10, 1758. Advised that his Excellency give Permission for all Sloops and
BehnunrTs going to Nnva Seotiii witli Provisions to juirsue their Voyages provided
that no Ve.H,sel un<hT Sixty Tuns cany mori; than five Men; and no other Sloops or
bcnoonerH more than Six Men provided also that Bond be given that such Vessels

[NoTi:s.] Province Laws. — 17')7-58. 131

shall return ilirectly back to the Province, and upon thoir return to produce a Cer-
tificate of having landed their (."ar<;(is in Nova Scotia, said Itond to lie in all other
respects conforniahlu to the Provision niaiU^ hy the late Act of Parliament, to pre-
vent the Enemies bein<; sup|)lied with Provisions." — Ibid., p. '■>'{>.

"Apr. 1"), 1758. Advised & Consented that his Excellency give a Permit to the
Sloop Susanna, John M'Clolan Master to proceed to New York for Bread for the
Use of his Majesty's Navy at Ifalifax." — Ibid., p. .'380.

"Apr. Ill, 1758. Advised & Consented that his Excellency give a Permit to the
Schooner Prince George, Moses Hooper Master to proceed on lier Fishing Voyage,
She being rifled of her Stores by a French Privateer & obliged to return to relit."—
Ibid.,}). 383.

"Apr. 'Jl, 1758. Advised & Consented that his Excellency give a Permit to the
Schooner Swan William Choate Master to proceed on her lishing Voyage."— Ibid.,
p. ;>8(j.

"Apr. 24, 1758. Advised & Consented that his Excellency give a Permit to the
Ship Falmouth John Gooding Master to ja-oceed to the West Indies having Masts
& Sparrs on board lor his Majesty's Navy." — Ibid., p. 387.

" Apr. 27, 17."iS. Advised & Consented that his Excellency give a Permit to the
Schooner Endeavour William Grow Master to proceed to Providence to take in
Stores for Nova Scotia." — Ibid., p. 3'.i2.

" May 4, 1758. Advised & Consented that his Excellency give a Permit to the
Schooner Broome William Batcheldor Master, to proceed toLisbon her Cargo being
of a Perishable Nature —

Advised & Consented that his Excellency give a Permit to the Schooner Three
Friends, John Staccy Master to proceed to Gibraltar."— i6/cZ., p. 397.

" May !), 1758. Advised & Consented that his Excellency grant Permits to the
following Vessels to proceed on their Voyages, upon the Owners making Oath that
two thirds of their Cargoes were of a Perishable Nature, & Ship't before the Embar-
go took place— Viz*

To the Ship Molineaux William Welclimau Master to the West Indies

To the Schooner Seahorse, Silas Atkins Master, to Newfoundland.

To the Snow Thomas & Martha, Samuel Partridge Master, to the West In<lies.

To the Schooner Endeavour, Ellis (-ompton Master, to Lisbon.—

To the Schooner Jolly Robin, Samuel Harlow Master, to South Carolina.

To the Brigantine Seahorse, John Dorrington Master, to Maryland."— /6/(i.,j). 308.

"May 12, 1758. A Number of Petitions of Owners of Vessels employed in the
Fishery were laid before the Board by order of his Excellency who desired their
Advice thereon. —

Advised that his Excellency grant Permits to all Fishing Vessels Navigated with
Mgn belonging to the Regiments under the Command of Sir William Pepperrcll,
Colo Greenleaf, Col" Appleton, Col" Phillips, Col" Bradford & Col" Plaisted, who
have already Compleated their several Quota's of Soldiers to be raised for the
Expedition against Canada, to proceed on their Voyages tlie Embargo notwith-
standing; And also to such Fishing Vessels as are Navigated by Men belonging to
the Regiments of Col" Fowie or Col" Allen, where the Crew belonging to anv such
Vessel have furnished their Quota of Soldiers for said Exjiedition, to the Satisfac-
tion of the Officers appointed to raise them; Provided the Owners of all such
Vessels take a List of the Names of the Persons Navigating such Vessels and
lodge the same with the Colonels of the respective Regiments to which such
Persons belong; And that no other Persons be permitted to proceed in any Fishing
Voyage, or to depart from the Province in any such Vessel, who was liable to serve
in said Expedition; And in Case of default in any of the foregoing particulars that
the Owner & Master of such Vessel be Subjected to the Penalty of the late Act
for laying an Embargo, as if no such Permit had been granted —

Also Advised that the same Priviledge be allowed to any Vessels Navigated by
Persons belonging to either of the Regiments under the Command of Col" "Wins-
low, Col" Otis, Col" Clap or Col" Gushing (and on the same terms) so soon as the
Quota of Men to be raised out of those Regiments respectively shall have been
Compleated."— /6/d , p. 399.

'• May 15, 1758. A Number of Petitions of Merchants and others praying that their
Shipping maj' have liberty to dejiart for the reasons therein set forth, were laid
before the Board by order of his Excellency, who thereupon desired thcur Advice-
Advised that his Excellency permit all Vessels to proceed on their Voyages upon
the Master and Owners or their Agents giving Bond in the Secretarys Otficc. not to
carry with them any of the Soldiers raised for his Majestys Service, and lodging
there a list of the Names of all Seamen or Passengers going in their respective
Vessels."— 76/fZ.,;). 401.

" May 20, 1758. His Excellency desired the Opinion of the Board, that inasmuch as
the Fleet was Arrived and most of Our Troops on the March Whether it be ne-
cessary any longer to continue the Embargo.

Advised that his Excellency take off the Embargo and Permit the Shipping in
the several Ports within the Province to proceed on their intended Voyages." —
/6JtZ.,;j. 403.

Chap. 25. "General Abercromby apply'd to me for Quarters for the Troops
which are to be march'd to Boston to embark. I applyed to the Assembly to make
provision, sending them the enclosed Message — I used this form of message as I
apprehend that Quarters cannot be demanded as a right. But on the contrary that
when and where they become necessary, the legislature makes provision for thera
by a temporary suspension of those Rights which are declared in the Bill of Rights
— This method of ai>plication has had ita effect and I have the pleasure to inclose

]^32 Province Laws. — 1757-58. [Notes.]

the \et which thev immediately pass'd thereon."— (7or. Pownall to the Board oj
Trade \fnrch [2](]* 1758: "Mass. Ban, B. T.," vol. 76, /. ?., 49, in Public-Record Office.

" M.'irch 24, 1758. The Secretary by order of his Excellency the Governor
delivered the following Message to the two Houses, viz'

Gentlemen of the Council & House of Representatives.

I have tliis (lay received an Account from his Majesty's General, that the Service
requires, He should march a Body of his Majesty's Troops thro' this Province, and
that thev inav soon be exitected herein.

It will be necessary that they be admitted to such Quarters as the nature and
oireumstances of the Country will admit of. On the one hand it being necessary
that the Troops be quartered; on the other the Act of quartering them being a
Suspension of the Bill of Rights; I am .sensible of the ditficulties that must attend
your deliberations. Under these difhculties, I recommend to You the Rule which
the Mother Country observes on such occasions; and that while You follow her
Example in a most consciencious Attachment to the Civil Rights; You also follow
her Example in making such Provision in this Case, as becomes necessary for the
Service, considering the different form and circumstances under which this Country
lies. T. Pownall.

in the House of Representatives Ordered That M^ Foster Colo White and Judge
Rtissell with such as the honourable Board shall join be a Committee to take
his Excellency's Message to both Houses of this Afternoon into consideration &
rejinrt what they judge proper to be done tliereou. In Council Read and Concurred,
and yi' Hutchinson & Colo Brattle are joined in the Affair." — Council Records, vol.
XXI I., p. 2m.

" Se|)t. 8, 1758. His Excellency laid before the Council a Petition of the Select-
men of the Town of Boston setting forth that a number of his Majesty's Regular
Forces were daily expected to arrive in the Town of Boston from Louisbourg. that
they apprehend on their Arrival they will apply for suitable Quarters; That the
Law providing for the Reception and Accommodation of his Majesty's Forces
within this Province being expired they have no Authority to provide Quarters for
them; Therefore praying Directions herein: His Excellency desired the Advice of
the IJoard on this matter who taking the same into Consideration; Thereupon-
Advised his Excellency to issue his Proclamation recommending it to all Persons
to Submit and conform to the several regulations in the said mentioned Act, until
the next Sitting of the General Court, the draft of which Proclamation being
pre]>ared was read —

And further Advised that his Excellency issue the same accordingly."— I^arecH-
tire Rrrnrd/i of the Council, vol. 3, p. 425.

" I5y his Excellency Thomas Pownall Esq^ Captain General and Governor in
Cheif in and Over his Majesty's Province of the Massachusetts Bay in New
England; Vice Admiral of the same &•=

A Proclamation.

Whereas the Standing Law of the Province relative to the Quartering and Billet-
ing Sojildiers within this Province docs not extend to the Cases that may arise and
liave arisen of Marching the Kings Regular Troops into and through the Province
and Whereas Laws have been enacted to itrovide for those Cases, ' Namely An Act
making provision for the Quartering and Billeting recruiting Officers & Recruits
ill Ills Majesty's Regular Forces employed for the Protection and Defence of liis
!M:ijesty's Dominions in North America.' And ' An Act proxiding for the Recep-
tJDn and Accomodation of his ISIajesty's Forces within this Province' And
\\hercas the later Act Which was extended only to the Term of three months
whieh .\ct by reason of their being no Exjiectation at tlu; last Sessions of Troops
c-omiiig into the Province before the General Court niett again was not continued;
But as now it is expected that some Regiments of his Majestys Regular Forces
will ho. marched into and through this Province in their way to Albany. And
Wh(>rea.s Applieaiion has been made to me in behalf of the Inhabitants of the
Town of Boston for directions herein.

1 do therefore by and with Advice of his Majesty's Council Issue this Proclama-
tion Recoiiunending it to the Inhabitants of said Town of Boston, antl to all other
Ids Majestys good Subjects within the I'rovince to submit and conform to the
several Regulations in said last mentioned Act, when and so often as it shall bo
found ne<'essary for Troojis to be marched through and to be Quartered in any
Towns within this Province until the next sitting of the Ceneral Court.

Civi-n at Bost(m the eigth day of Sepf 175S lu the thirty second Year of the
Reign of Our Sovereign Lord George the second by the Grace of God of Great
llrituln, Franco & Ireland King Defender of the Faith &=

T. Pownall
By his Excellency's Command,
A. OLivnit Secrtv

God Save the King."
— Hiroviln It/ Ciril Coniini.tsionx, vol. 2J, »). 44.

" Sept. 11, 175.H. His Excellency laid before the Board a Form of a Warrant for
Iniprexsing Cart.s and Oxen or Horses for the Use of liis Majestv's Troops Com-
manded by his Excellency Major General Amherst on their March' from Boston to
Join his Majesty's other Forces under the (Command of his Ex.ellencv Major General
AberiTonii)y for wldeh Service Major Robertson Assistant I)e]iutv'tjiiart(>r Master
(JiMiernl lia.<» agreed to pay twelve pence per Mile; and desireil the Advice of the
luiurd

• It. Il.r MS. copies from ll.c Piil,lir.l!,T„r.l OnU-c tliis .l;it,. in r.-pralc.Uy (;iv<n jis M:nvli fi ; but
»• .In- iiii-.«ac<' rcfrm-d l<. wan il.liv.i,,! Mmvli •::!. iiiul llie iict w;i» ly.wHvd M:iitIi -'it, il \a con-
Joolurvd Uiul clUiir Murcli ::0 ur April 0 wiin tlio ^Uu• liilonUcd.

[Notes.] Peovince Laws. — 1757-58. 133

Advised that his Excellency issue his Impress Warrants for the said S<>rvice di-
rected to the Sheriffs of the Counties of Suffolk, Middlesex, Worcester and IIaMi[>-
shiro accordingly." — Kxecutire Ii( cords of t/ir, Cuitncit, vol. ;i, p. 4'-'5.

" Sept. 21, 1758. His Excellency having informed the Coun(;il that thrcu! hundred
Soldiers were hourly expected from Halifax in order to join the Troops <()Miiiiai)ilrd
hj General Amherst, now on their March to join the Army under the Conmiand of
his Excellency Major General Abcrcroinhy, and ]>roposed the taking up Horses in
order to forward them with the greatest Expedilion.

Advised that his Excellency give the i>roi>er Orders for taking up or impressing a
sufficient number of Horses to carry said Men to Springlield or if need be to Albany
and after said Service is performed to return said llorsi^s to their respective Owners
under the care of some suitable Persons to be appointed for that purpose, and that
reasonable Prices be allowed therefor, the Board relying upon the Charge biding re-
imbursed by the General or by the Crown." — Ibid., p. 42().

See, also, 1758-59, Chap. 8, post.

Chap.2S. " March 10, 1758. A Memorial of John Jeffries and Samuid Danforth
Esq" two of the Commissioners appointed to adjust and settle the Affairs of the
Land Bank or ISIanufaetory Scheme. Setting forth the many difficulties and
Embarrassments, which have hitherto prevented their putting 'a Period to this
Unhappy Affair, and which are still like to frustrate the design without the further
Inter])osition of this Court. And praying that the matter may be taken into
consiileration; and they impowered to set up and carry on a Lottery which they
propose as the most likely method for the speedy & effectual Redemption of the
Jjills still outstanding.

In the House of Representatives. Read and Ordered That Judge Russell, Col"
Rnggles and Col" White with Such as the honourable Board shall join be a Com-
mittee to take this Memorial under consideration, and project some proper method
for putting an end to the Land Bank of Manufactory Scheme and report. In
Council. Read and Concurred and Benjamin Lynde, John Cushing, and \\'illiam
Brattle Esq"^ are joined in the Affair."— C'oH?i''e7 Eean-ds, vol. XXII., p. 2(30.

" March 18, 1758. The Committee appointed the 10 Ins' on the Memorial of John
Jeffries and Samuel Danforth Esq" made the following Report.

Signed John Cushing tf^ Order

The Committee are of opinion that before any other measures than those whi(;h
the Commissioners are now taking, be gone into, whether by Assessment or other-
wise for redeeming the Manufactory Bills (so called) which are still outstanding,
it will be expedient, if not necessary that a more full knowledge be had of the Sum
of those Bills which yet remains to be redeemed; And in Order thereto that the
Possessors of those Bills be obliged to produce or bring them to the said Connnis-
sioners within some certain time to be limited for that imrpose, to be again
returned to the Owners or Possessors after an Account of them has been taken by
the Commissioners and some distinguishing Mark set upon them, by which they
may be hereafter known And that every Person wlio after the expiration of such
term shall tender or offer to be exchanged any Manufactory Hills other than such
as shall be so produced within such limited time be subjected to such Penalty as
the Wisdom of this Court shall assign; and that a Bill be prepared accordingly.
And as touching the Lottery mentioned, and proposed in said ^Memorial, the
Committee are of opinion, that in the present situation of the Public Affairs, the
granting the same at this time may be attended with Inconvenience. In Council.
Read and accepted.

In the House of Representatives. Read and Concurred and Ordered That the
Committee appointed on said ^Memorial prepare and bring in a Bill for the puri)Oses
mentioned, and that Col" Worthington be of the Committee in the room of Col°
White who is absent. In Council. Read and Concurred." — Ibid., p. 275.

Chap. oO. The unsuccessful movements of Abercrombie and Loudoun, in com-
mand of forces greatly superior in numbers to those previously employed by the
provincial authorities, awakened the home government to a more just conception
of the magnitude of the efforts which the colonies had been making to prevent the
encroaeliraents of the French upon a line of territory extending from Cape Breton
to the Ohio; and tlie activity of the French government in supporting its forces in
America impressed the ministry with the importance of holding and enlarging the
British possessions on this continent.

From May 17, 175G, when war was declared against France, hostilities began to
be conducted on a larger scale; but it was not until after a change of ministry that
the plan of operations was fully adopted which led to a successful issue under Gen.
Amherst. In the mean time, the colonists were disheartened by the injudicious and
vacillating management of the British ofiicers who were entrusted with the direc-
tion of military affairs liefore Amherst took command, as well as by their arrogant
assumption of authority in the decision of all disputable matters.

Notwithstanding these discouragements and the discomfiture of the army cons«v
<iuent upon a departure from the plan of operations which the p^o^^ncial authori-
ties had advised, the Legislature of Massachusetts had resjionded to evcr.y call made
upon the province for men, money and accommodations of various kinds, with oidy
such delay and objection as were necessary to ])revent the establishment of prece-
dents believed to be inimical to the liberties and privileges which they claimed
under their charter and the common law.

The forts at Oswego had surrendered to the French in August 175ri, and, a .vear
later, Loudoun, having withdrawn his forces from New York to join Admiral Hol-
bourn in an abortive demonstration against Louisbourg, left Fort William Henry

[34 Peovtnce Laws. — 1757-58. [Notes.]

comparatively defenceless against the French forces that could be concentrated
against it before his return, since the charge of supporting its brave but insufficient
garrison was entrusted to Major Gen. Welib who ])roved timid and entirely incom-
petent. The French, improving tliis opportunity, compelled the surrender of the
fort, by capitulation, August '.), 1757, causing a general apprehension throughout the
province that the victors would, after investing or capturing Fort Edward, continue
their advance into the province from the west, where it was least prepared to repel
such an invasion. This alarm led to the calling out of the militia, and to measures
for forming a train of artillery for immediate service— both attended with great
expense, for which the Legislature was obliged to make provision.

In the earlier movements under Braddock and Loudoun the colonies not only
bore all the expenses of the forces raised by them, but likewise supplied the regular
forces with provisions. The injustice of this twofold burden was so apparent that
it was agreed under Loudoun that contractors should be appointed to supply the
regular troojis with provisions, and still later, assurances were given by Mr. Secre-
tary Fox that stores and jirovisions of all kinds for the whole army employed in
the' campaign of 1756 should be provided at the sole expense of the crown. Early
in 1757 (sec vol. III., p. 1081, note,) Mr. Pitt, who was virtually premier in the short
administration of the Duke of Devonshire, distinctly announced " that the raising
of the men, their pay, arms and clothing " would be all that would be required of
the several provinces.

The new administration under the lead of the Duke of Newcastle and Mr. Pitt,
which was formed in June 1757, adopted a still more liberal policy towards the
colonies. Jlr. Pitt, in his letter which is hereinafter given in full, not only prom-
ised to furnish arms, ammunition, provisions, transi^ortation and a train of artillery
for "20.000 men to lie raised in the colonics, but also that strong recommendations
would be made to the next parliament to grant the necessary appropriation for
reimbursing the expense of levying and paying the provincial forces and furnishing
them witli clothing,— the only burden to which the colonies were to be subjected.
These liberal jiroruises were coupled with the assurance that the most vigorous and
extensive efforts should be made by the Crown to coijperate with the provincial
forces in the reduction of Canada as the surest means of averting the dangers
threatened by the French on the colonial frontiers, and that the provincial troops
should be raiscil and commanded by officers of the respective provinces who, as
high as colonels, inclusive, were to rank according to their commissions, which were
to be issued by the provincial governors.

Nothing more satisfactory could have been proposed to Massachusetts, which
promptly voted to raise its contingent of 7000 men, in addition to nearly 3000 already
in the service.

The letter above mentioned was communicated to the House, who waited upon
the Governor for that purpose in response to a special message. No record of this
message or of the interview in the council chamber appears in the journals of the
House, but, on the same day, this chapter was iiassed to bo enacted and signed by
the (J over nor.

" March '_', 175S. The Secretary wont down to the Ilouse of Rcprcseutatives with
a Message from his Excellency the Governor ac(iuainting them that his Excellency
was then in the Chairj and that he directed the Attendance of the House in tho
Coimcil Chamber.

M^ Speaker and tho House being come up, his Excellency was pleased to make
a Speech to the two Houses, & having delivered a Copy of it to the Speaker, Ho
witii the Ilouse returned to their own Chamber.

His Excellency's Six^ech is as follows.

Gr'nilcuicn of the Council & Ilouse of Representatives.

The Scison is now advancing fast in which the Interests and perhaps the Being
of tlicse Colonies are to be contended for by Anns; The Events of these Operations
are in tho hands of Providence; The means are in our own hands; As therefore Wc
in earnest value the Blessings of our I'ropcrty & Religion enjoyed in Libertv, wo
must in earnest steddily & vigorously exert these jMcuus.

While We English liave bi'cn liu.s'icd in Works of Peace and Industry, in settling
and i)hinting this Country: the Enemy the French have been as industriously
employed in Works of War, in taking itossession of it; It is not therefore enough
that wo liave settled and planted (his Connlrv— We must po.ssess it, or we shall be
found to liave settled and Planted it for the French.

His Majesty whose gracious Protection is, under Heaven, our best Security, is
plexscd to send over here to assist Us in this Work of Po.sse.ssing our Country, a
very great and PowcrfuU Body of Forces both bv Sea ami Land requirincr only of
Us, tliat W(' should aiil and assist this Service with our Provincial Troop's; Let us
therefore in Gratitude and Obedience to his Majesty, in Gratitude and anection
to our Motlier Country, in duty to ourselves and the good People of the Land
engage and cooperati^ in this Service, not grn(l<,'ini,'lv as though fore<'d to it, but as
In our own cause with all our Spirit anil .Vhilitics; not waiting to .see what Others
will do, and inciisurin- our Service! by Quota.s, but by the importance of the Objects,
and what we ought to do. j •

The Enemy by onr unfortunate Situation is at our very Doors, at the Head of all
our 'SV atiTs. r<-a<ly to come down upon l\s. Tis therefore ab.soliitclv ncce.ssarv th.at
there be kej.t up n constant and vi'.^lant defence upon our Frontiers; I <aii add
not ilnK on that Subject to what 1 rceommcndcd to vou last Sessions. When I
Blinll know liowhis Majesty's Regular Troojis an! disposed of, I shall be able to
jn.lu'-.wbat more |>articular ineasun-s maybe ncce.ssarv for Me to take within my
own ( oniinanil of this Province.

During til." Reces.i of the General Court in obedience to his Majesty's Instructions,

[Notes.] Pjiovinci: Laws. — 1757-58. Djo

I met his Excellonry the Earl r.f Loudoun at Tlcrtford on February tho twenty-
fourth; his Lorilsliip was plcascl to a<quaint mo wliat Aid of Soldiers he must
require of this Provime, and furili.r wiiich I canuot Itut hope will ho a great
encouragement to our rcoi>k', to express his Intention of employing theiY Service
to the Eastward; the particulars I shall direct tlio Secretary to lay hcforo You.
• • « • * "^ m

It seems that the Legislatures of the several Provinces and Colonies of this
Northern Part of America wait t.> giv(" Us the I>ead, and Look to Us for an Exam-
ple. Perhaps it were better as it woidd save; delay if every Assembly had met at
one time, and no one waited to maUe precedents of the other; Uowever exhaustecl
as this Province is, by always standing foremost in his Majesty's Service; We shall
not, I trust, he tho lirst to desert tlie honour of his Majesty's Arms, and tlie just
cause of our Country; But that we shall still be an Example of Vigor and Dispatch.

T POWNAIX.

March 2, 17.")8. The Secretary then by order of the Governor laiil befdn; tin; two
Houses the Earl of Loudouns Kequisition of an Aid of Soldiers for his IMajesty's
Service as referr'd to in his Excellency's Speech.— M"" Agent Bollan'a Letter of
1 October with the Pajters accompanying tho same were also read in both Houses."
— Council lirronlx, ii)l. XXII., p. l.'4.'i.

"March l.i, 17.'>!:>. In the House of Representatives Voted unanimously That a
suitable number of Men bi; raised by this Government to cooperate with liis ZSIajes-
ty's Forces in an AttiMupt for tho Reduction of Canada. In Council. Read and
Concurred unanimously.

Consented to by the Governor." — Ibid., p. 263.

"March l'!, 17.'>8. In tho House of Rejiresentatives. Voted that seven thousand
Men, inclusive of Officers bo raised on the Part of this Government by Inlistment
for tho intended Exjiedition against Canada to be formed into Regiments and
Officered by such of the Inhabitants of this Province as his Excellency the Captain
General shall be pleased to appoint; Tho said Men to be continued in the Service
for a time not exceeding the lirst day of November next, and to he dismissed as
much sooner as his Majesty's Service will admit. In Council. Read and Con-
curred.

Consented to by the Governor." — Ibid., p. 2C4.

" March 14, IToS. In the House of Representatives Ordered That M"" Prat, Col"
Choate, Colo White, Colo Ruggles. M-- Tyng. M^ Paine, M"- Witt, and M' Bradbury
with such as the honourable Board shall join be a Committee to consider what is
proper to be further done, in relation to tho Expedition now under Consideration
of this Court, and report. In Council. Read and Concurred and S"" William Pep-
perrell, John Osl)oriie, Jacob Wendell, John Cushing, Silvanus Bourn, Thomas
Hutchinson and William Brattle Esq'"^ are joined in the Affair." — Ibid., p. 2(JS.

"March 15, 1758. The Committee of both Houses appointed the 14 Instant to
consider what is proper to be further done in relation to the Expedition now under
consideration, — reported the following Message to the Governor.

May it please your Excellency.

It has been the Practice of this Government to allow Subsistence as well as Pay
to their Forces from tho time of their Inlistment, and the two Houses are of opiii-
ion that it will be a discouragement to the People if they should not on this occasion
be allowed in the same manner. Tho Sum engaged last year l)y the General of his
Majesty's Forces for Subsistance being only two shillings Sterling j^ week proved
insufficient; It is therefore the desire of both Houses that Your Excellency would
be pleased to write to General Abercromby and to endeavour to i)rocnre for the
Forces now proposed to be raised tlie same Sum for their daily Subsistance as is
allowed by his Majesty to tho Contractor for victualling the Army, the Allowance
to commence at the same time with their Pay and to continue until they receive
the Kings Provisions at tho place of Rendezvous. This Point being made certain
will tend to facilitate raising tho ^len.

The two Houses beg leave further to observe to your Excellency, that as many
of the Inhabitants of this Province — especially those in the Eastern Parts of it are
well acquainted with Louisbourgh, and there are many who served there when that
pla-^e was formerly reduced, it seijms therefore that it would tend to promote his
Majesty's Service if .some of the Regiments from this Province should be employed
in that part of tho Service of the present year, and your Excellency is likewise
desired to propose this to the General of his Majesty's Forces accordingly. In
Council. Read and Accejited. And Ordered That Benjamin Lynde Esq with Such
as tho honourable House shall join be a Committee to present the foregoing Mes-
sage to his Excellency the Governor.

In the House of Representatives. Read and Concurred, and Judge Russell and
M"" Flucker are joined in tlu; Affair." — Ibid., p. 2G7.

"March 17, 1758. The Committee appointed by both Houses to consider what
is proi)cr to be further done in relation to the Expedition now under consideration
made report, which with the Amendments afterwards made thereon liy the two
Houses is iis follows viz'

That each able bodied effective Man who shall voluntarily inlist himself into the
intende<l Expedition against Canada before the fifteenth day of April next shall 1)6
intitled to Thirty shillings, and upon his passing Muster shall receive a good Blan-
kett and fifty sJiil lings more for furnishing himself with Cloaths. Also That the
following Establishment be made for Officers and Soldiers that may be employed in
said Expedition viz'
That the Wages of a Colonel to each Regiment consisting of 1000

Men bo £20 ip" month

For one Lieut' Colonel for such Regiment £16 13 4 ditto

IJG

Pbovince Laws. — 1757-58. [Notes.]

For one Major to ditto . . . ^ • ^^ » ?, v"°

For a Captain of 100 Men including Officers . . . • ' ^ „ „ ,!
For two Leiutenants for such Company each . . . ' f ,« „ i?"°

For one Ensign for ditto o ,? ,, ,•""

For one Chaplain to each Regiment ^ „ „ ^■ll°

For one Adjutant to each Regiment .f „ << S-!

For one Surgeon to each Regiment 2 r a i-ll^

For one Surgeon's Mate to ditto 5 0 8 ditto

For each Sergeant ? -.o i rH°

For each Corporal } io i xr/ .i

For each Drummer ^ ^^ ' Jf, '"°'^*"

For each Private Centinel ..• } 1'.', ^"^ ^'!^?

And that there be allowed for inlisting the several Soldiers for said Expedition
two shillings each to be paid to the Persons who shall inlist the same.

In the House of Representatives. Read and Ordered That this Report be accept-
ed. In Council. Read and Concurred.

Consented to bv the Govarnov."— Ibid., p. 274.

"March 18, 175S. In the House of Representatives Voted That iii addition to
other Encouragements granted by this Court; That to every Non Comniissioa Oln-
cer and private Soldier, that shall voluntarily inlist themselves into his Majesty's
Service for the present intended Expedition against Canada, and shall actually pro-
ceed thereon, there be paid to every such person on his Return, or to his Executors
or Administrators in case they die in the Service the Sum of Ten Pounds, in case
the said (Jovcrnment of Canada shall by said Expedition be reduced to a Subjection
to his Majesty's Arms. In Council. Read and Concurred.

Consented to bv the Governor."— 76i(?., ;). 27().

" March '22, 1758. In the House of Representatives. Whereas it appears to be his
Majesty's Pleasure that the Forces now proposed to be raised shall lie victualled at
the charge of the Crown from the time of their engaging in the Service; but no ex-
press direction is given in what manner they shall be furnished untill their Arrival
at the Place of rendezvous; and it being necessary in order to encourage such Inlist-
ment that such Subsistence shoiild be advanced untill Orders can bo received from
the General of his Majesty's Forces. Therefore Voted That each Soldier who shall
inlist into the Service ou'the proposed Expedition against Canada and shall pass
Muster, shall be intitled to six iieiiee sterl^' )(■' day for Subsistence from the time of
his Inli.stment, till Ik; arrive at sueli Place where he shall receive the Kings Allow-
ance. In Council, Read and Concurred.

Consented to bv the Governor." — Ibid., p. 2'M.

" March •_'!.', 1758. In the House of Re|)rcsentatives Voted That his Excellency
the Governor be desired to issue his Proclamation, therein representing the Encour-
agement voted by this Court to Such as shall inlist into the proposed Expedition for
the Reduction of'Canada. In Council. Read and Concurred, and Ordered That Sil-
vanus Bourn Esi] with Such as the honourable House shall join be a Committee to
wait ujion his Excellency with the desire of the two Houses accordingly.

In th(! House of Representatives Read and Concurred and M"" Flucker and M""
Foster are jfiined in the Affair." — Ibid., p. 2!tl.

" By his Exc<'llency Thomas Pownall Esq Captain General and Governor in Cheif
in and over his Majesty's Province of the Massachusetts Bay in New England and
Vice Admiral of the Same.

A Proclamation.

His Majesty feeling for the Miseries that His People of these his Dominions daily
HulTer from tlie Ravages and Massacres of a perlidious and a Savage Enemy, and
sensihhi of the very dangerous and Urgent Crisis to which this Country is ri'duced,
has determined to mak(! a General Invasion oiiCana<l:i: and to carry War into tiio
Heart of the Enemy's Country: And now calls ui>on his faithful and bravi; Subjects
of New England to join and cooperate with that Body of his Forces which He hath
been plea-sed to destine for that Service. And in a just grounded Expectation that
the best Gentlemen and Freeholders will engage in the SiM-vice at //(/.< dood Tnno

His Majesty is graciously pleased to grant to the Ollicers of his American Forces
a Hank it Command e(piai to the Ollicers of his British Forces, except that the Otii-
cers of th<> .Motlier Country are iu their I'espective Ranks to be considereil as Seniors
to those of the Provinces.

His Majesty is further i>leased to give to the Forces, Arras, Ammunition, Tents,
and Provisions, and to such who shall take with them good and sutticient Arms of
their own an Allowance for the sam(!, the Loss or damage; of which his General will
make good. —

And Wlieri!ius this his Majesty's dutiful and loyal Province in full confidence of
his wise .Measures, and in Onediencc! to his Royal Commands have unanimously Rc-
Bdlveil to raise a snnicient inimber of Men, and for the I'hicourageiiuMit to the People
to Inlist hav(' engaged a Bounty of iliirty shillings unto each able liodi(Ml efl'ective
Man who shall voluntarily inlist in liie .Scr\ice before the fifteenth day of Ajiril
next to be iiaid at the timi; of his Inlistinent, and a good Blanket, and fifty shil-
lings more for furnishing himself with Cloalhs to be paid and delivered upon his
p.'ussing Muster, and have as a further I'hiconragement to every Non Commission
Ollleer and I'rivate Soldier that shall voluiilarily inlist in the Servict; aforesaid and
aetiially |«roreed in it promised the Sum of Ti-ii Pounds, to be paid to every such
person on his Ketnrn; or to his Executors or . Administrators in case he die in the
SiTviec, |)rovided the (loviTiitueiit of ( 'auada sliall by the jiroposeil Expedition be
reibireil to a .Siibieclion tr) his Majesty's .\rms, anil liave likewise made an Estal>-
bsluiHiit for the Wages of eaeli I'rivafe Centinel at the rate of thirty six shillings \^
luuuih. And tho (Jcuerul Court have further made Provision for advancing to each

[Notes.] Phovinuk Laws. — 17uT-58. 1;J7

Private ^lan, From the Time of Tlis Enlistment Six Pi^iico Sterliug \f'' diiy fur bis
Sulisistauce till lie shall arrive at such Place where Ho receives the Kinys Pro-
visions.

I do therefore hereby promise in his Majesty's Name, and in behalf of his Maj-
esty's Province of the Massachusetts Bay that there shall be a full compliance with
the aforementioned Articles.

And Whereas many Persons in his Majesty's Service and in the Pay of this Gov-
ernment have deserted from said Service, and have yet suffered no other Penalties
than the Forfeiture of their Wages.

I tlo hereby engage that upon their Inlisting on this Occasion they shall receive a
full Pardon and be exempt from all the Penalties to which they will otherwise be
still exposed. And I do hereby call upon all Persons in Authority and all OlUiu-rs
Civil and Military that they us(! their Utmost Influence to Encourage and Promote
this Service so Essential to the Ijibcrties and Being of this Country.

Given at Boston the twenty third day of ISIarch 1758 and in the thirty tirst Year of
the Reign of our Sovereign Lord George the Second, by the Grace of God of Gi"eat
Britain Prance & Ireland King Defender of the Faith &'

By his Excellencys Command _ T. Powxall.

A. Oliver Secrty."— TJecorcZs of Civil Commissions, vol. 2.V, p. \?>.

'' March 25, 1758. After which his Excellency was pleased to recomraeiid it in the
strongest manner to the Members of the Court," that on their Return to their rc'spec-
tive "Towns, they would endeavour to promote among the People the same Spirit of
Unanimity & Vigour which they had so remarkably shewn in their own Reso-
lutions, to join, one & all in cooperating with his Majestys Forces for the Reduc-
tion of Canada on which (under God) their Prosperity seemed in so great a Measure
to depend. — Council Rr^ronlx, vol. XXII., p. ;50o.

"March 25, 1758. The Secretary by Order of the Governor went down to the •

House of Representatives with a Message, directing their Attendance in the Coun-
cil Chamber.

M'' Speaker and the House came up accordingly; when his Excellency was pleased
to communicate to the two Houses the Advices he had just received from Great
Britain, relative to the Measures formed for the reduction of Canada, in which it
was expected the several Colonies on the Continent shoultl vigorously coojierate
with his Majesty's Regular Forces; And after recommending the Affair to the seri-
ous and immediate Attention of the Court, his Excellency was pleased to deliver to
Mf Speaker a Letter he had received from the Right honourable William Pitt Esq.
one of his !Maj<'sty's Principal Secretaries of State dated Whitehall December ."iO.
1757; which Letter had been previously read at the Board. And then M^ Speaker
with the House returned to their own Chamber." — Ibid.

" Whitehall Dec 30. 1757.—

Sir, His Majesty having nothing more at Heart, than to repair the Losses, and
Disappointments, of the last inactive & Unhappy Campaign; And, by the most
vigorous & extensive Efforts, to avert, by the Blessing of God on His Arms, the
Dangers impending on North America; and not doubting, but all his Faithlnll and
Brave Subjects there will chearfully cooperate with and Second, to the Utmost,
the large Expence, and extraordinary Succours, supplied by this Kingdom for their
Preservation and Defence; And His Majesty considering that the several Provinces,
in particular, from Proximity and Accessibility of Situation, more immediately
obnoxious to the Irruptions of the Enemy from Canada, are of Themselves, well
able to furnish at least Twenty Thousand Men, to join a Body of The King's Forces
for invading Canada, by the Way of Crown Point, and carrying War into the
Heart of the Enemy's Possessions;— And His iSIajesty not judging it expedient to
limit the Zeal and Ardor of any of His Provinces, by making a Repartition of the
Force to be raised by Each resp(>ctively, for this most important Service; I am
Commanded to signify to You the King's Pleasure, that You do forthwith use your
Utmost Endeavours & Intluence, with the Council and Assembly of Your Province,
to induce Them to raise, with all possible Dispatch, as large a Body of I\Ien, witliin
Your Government sis the Number of its Inhabitants may allow; and fornjiiig the
same into Regiments, as far as shall be formed* Convenient, That You do direct
Them to hold Themselves in Readiness, as early as may be, to march to the Ren-
dezvous at Albany, or such other Place, as His Majesty's Commander iii Cheif in
America, shall appoint, in order to prt)ceed, from thence, in Conjunction with a
Body of The King's British Forces, and under the Supreme Command of His
Majesty's said Commander in Cheif in America, so as to be in a Situation to begin
tlie Operations of the Campaign, by the First of May, if possible, or as soon after
as shall be any way practicable, by attempting to make an Irruption into Canada,
as above, by the Way of Crown Point, and, if found practicable, to attack either
Montreal, or Quel)ec, or Both of the said places, successively, with the wlioh; Ftjrco
in one Body, or at one and the same time, by a Dixisiim of the Troops, into seperato
and distinct Operations, according as His Majesty's said Commander in Cheif, shall,
from his Knowledge of the Countries, thro' which the War is to bo carried, ami
from emergent Circumstances not to be known here, judge any of the said Attempts
to be practicable.

• *•••*

And the better to facilitate this important Service, The King is pleased to leave
it to You to issue Commissions to such Gentlemen of Your Province, ns You shall
judge, from their Weight and Credit with the People, and their Zeal for thts I'lililic
Service, may be best disposed and enabled to quicken and effectuate the 8|)eedy
Levying of the greatest Number of Men; In the Disposition of which Commissions,

* Bit).

16S

Pbovince Laws. — 1757-58. [Notes.]

I am persuaded, You will have nothing in View but the Good of the King's Service,
and a due Subordination of tlio whole, when joined, to His Majesty s Commander
in Cheif —And all Officers of the Provincial Forces, as high as Colonels inclusive,
are to have Rank; accordins to their several respective Commissions, in like Man-
ner a-s is already given, by His Majesty's Regulations, to the Captains of Provincial
Troops in America .

The Kin<T is further pleased to furnish all the Men, so raised as above, witn Arms,
Ammunition, and Tents, as well as to order Provisions to be issued to the same,
by his Majesty's Commissaries, in tlic same Projiortion and Manner, as is done to the
rest of The King's Forces;— A sufficient Train of Artillery will also be provided, at
His Majesty's Expence; for the Operations of tlio Campaign; and the Ship, that
conveys this, Carries Orders for the timely providing, at the King's Charge, with
the utmost Diligence and in an ample Manner, Coats, and Vessells, necessary for
the Transportation of the Army on this Expedition.— The whole, therefore, that
His Majesty expects and requires from the several Provinces, is, the Levying,
Cloathing, and Pay of the Men. And on these Heads also that no Encouragement
may he wanting to this great and salutary Attempt, The Kings* is farther Most
Gr;'iciously pleased to permit me to Acquaint You, that strong Recommendations
will be iriado to Parliament in their Session next Year, to grant a proper Compen-
sation for such Expences as above. According as the active Vigour & strenuous
Efforts of the respective Provinces shall justly appear to merit.

Although several thousand Stands of Arms will be forthwith sent from England,
to be distributed to the Troops now directed to be raised, in the Northern & South-
ern Provinces Yet, as it is hoped, that the numbers of Men, levyed in all Parts of
America mav greatlv exceed the Quantity of Arms, that can at present be supplied
from Englan'd; It isHis Majesty's Pleasure, that You do, with particular Diligence,
immediately collect, and put iiito the best Condition, all the serviceable Arms,
that can be found within your Government, in order that the same may be em-
plove(l, as far as thev will go in this Exij^ency.

I'am further to inform Yon, that Similar Orders are sent by this Conveyance, to
New Hampshire, Connecticut, Rhode Island, New York, and New Jersey,— Tlie
Southern (Jovernnients are also directed to raise Men in the same Manner to be
emploved in such Offensive Operations, as the Circumstances & Situation of the
Enemv's Posts, in those Parts, may point out; which it is hoped, will oblige them
so to (livide their Attention, & Forces, as will render the several Attempts more
easy and SuccessfuU.

It is unnecessary to add any thing to animate your Zeal, in the Execution of His
Majesty's Onlers on this great Occasion, where the Safety and Preservation of
America & of your own Province in particular, are at Stake; and the King douhts
not, from your" known Fidelity and Attachm(mt. that You will employ yourself
with the Utmost Application & Dispatch, in this Urgent and dangerous Crisis:—
Altiio', the Knowledge of an Intention to invade Canada is apprehended to bo not
only unattended with any Inconvenience, but necessary to be propagated in the
Pro\'inc(!s, in order to give Success to the Levies, Y(!t as Secrecy in all Enterprizes
on particular Places is of the greatest Importance, The King is persuaded, that You
will use all jiroper Discretion in communicating, by Name, any of the immediate
Objects before pointed out, further than to such Persons, to whom it may be neces-
sary; for the Good of the Service, confidentially to entrust the same.— I am Sir

Your most obedient humble Serv' "W. Pitt." — " Lettcru,"
vol. 2, p. 206, 2/! Si'crrtari/'s Office.

" March '_'7, IToS. Advised & Consented that "Warrants be made out to the Treas-
urer to Advance and jiay to the several Persons hereafter mentioned the following
sums to be by tliem paid over in Bounties to such Pi;rsons as shall voluntarily Enlist
in tlie intended Exjicdition against Canada, thev first giving Bond with Sureties
to tile Treasurer tliat tli(^ Money received shall Ik; duly applied to that end. — Viz'

To Major Arteinas Ward, the sum of Three hundred Pounds.

To Col" Tlioniiis Doty, the sum of Two thousand Pounds.

To Col" Kl)ene/.er Nicliols, the sum of Two thousand Pounds.

To Col" .lonathan Bagley, tin! sum of Two thousand Pounds.

To Col" Jcdidiah PrehU^tlio sum of Two tliousaud i'ouiuls." — Executive Records
of Ihr Comvil, vol. W, p. '.'Ai'.i.

" My Lords,

Since the vote which the General Court pass'd to raise 7,000 Men for
the Exjiedition, they forni'd a supply Bill enabling the Treasurer to borrow £'_'8,0()0
for the iuiMicdi;it(> purpose of th(^ Lew. And although the Government bo now in
debt £lin,u()o sterling and although it must in tin; Year 17.>S rai.so the sum of £7:5,000
and in tli(! year IT.'i'.i the sum of £7:>,'.i.'!0 to jiay olT (ioveriiment securities which will
then becouK! due (tlu! ordinary expences of tlu^ Government being in the mean
while £:!7..">iin sterling |('aiin: exclusive of any iMIlitary operations) Yet such is the
Hpirit of the reiiph' sudi their eoniidence in the pn-seut administration and conse-
quently such the crc<lit of tlu; (Jovcrnin' that upon tlie Treasurer's opening his
Huhscription it was lilld in 12 hours." Kxtnirt from letter of Gov. Pownall to the
hnih of Tnvlr, M,ir. [JVJ (l.t 17.").S: " Mn.i.i. tinii, li. T.," vol. 7(\, I. i., 49.

"Aiirii '2\, IT.I'i. In llu^ House of Uepresentatives. Vot(;d that the time for rais-
ing 'lie intended Levies for th(> Esjieilition against Canada by Inlistment be
lengthiied out upon the same Bounty 'till the si-cimd day of May next, and in case
the nniiilier of Forces Voted to be raised by this Government shall not be com-
pleiited liy four o'clock in the .Vfternoou on siiiil <lay; That his Excellency the Cap-
tain Gemral be ilcsircd to j^ive orders for making up the Deliciency by an Impress
In Council. Ite.-iil and Concurred.

Cousciited lo by the Governor."— C'ouncW Records, vol. XXJI., p. 314.
* Sic. f Bco fooUnot« to note to chap. 26, ante.

[Notes.] Province Laws. — 1757-58. 130

" April 22, 1758. In tlic TTousc of Roiirosontafivos. Voted. Tliat lii.s EKrcllciicy
the Governor lio desired to Issue liis I'roehiiiialioii prdiiiisiiis tlie siuiie )ioiiMt>- to
sueli as shall inlist into tlie Ser\iee, on the proiiosed iC.Niiedilidii aj:;aiiist Canada on
or hefore the second day of May next four d'elnck AfterinKin, tliat has heen already
voted liy this Court to such as liav(^ inlisted into said Ser\iee liefore the l.'i"' Instant ;
and that his Excelleney would he; jiU-ased to apportion the 7(HI() iM(mi voted to ho
raised for said Service on the several Hcfiinieiits and Troops of llorsc within this
Province, without liavini; regard to any lielonLrinj^ to such Uesinient or Troop that
may he ahsent in any other Service, and inform the Cheif Coniniandin;; fXlieers of
the said licginieiits and Troops, of the iniinlier it is <'xpecled they.sliould respec-
tively furnish in the wliolc^ towards the said TtiOO Men. In Council. Read and
Nonconcurred." — Ibid., p. ."iU!.

"A[)ril 22, 17r>.s. Col" Qnincy from tlie House of Representatives came up with
a mcs.sajie to the Roard to incjuirc! if they had ]>assed on the Vote of the House
desiring Ins Excellency to issue his i>roclamation further to encourage the raising
the 7{)(X) Men for the Projiosed E.Kpedition against Canada, and to desire that if the
said V'ote is nonconcurred, it may he sent down to the House Samuel lianforth Es(|
aecordinglv carried down the said Vote to the House, it having been nonconcurred
by the Board."— /?)/</., /). ol",).

" By his Excellency Tiiomas I'ownall Esc] Captain Oeneral & Governor in Cheif
in anil o\er his ^lajesty's Province of the I\Iassachusetts Ray in New England and
Vice Admiral of the Same.

A Proclamation.

Having on the 23^ day of Marcli last issued my Proclamation for encouraging the
Inlistment of Seven thousand ^Nlen into his Majcstys Service for a general Invasion
of Canada — therein setting forth — That this Government had jiromiscd unto oaeh
able bodied effective Man who shouhl xoluntarily inlist into said Service before the
15"> day April Instant and pass Muster a Bounty of Four Pounds and a good
Blanket, And to every Non CoTuission Otiiccr & Private Sohlier that should
voluntarily inlist in the Service aforesaid & actually proceed in it, the Sum of Ten
Pounds to be paid to every sucli Person- on his return, or to liis Executors or
Administrators in case he die in the Service jirovided tin; Government of Canada
shall by the proposed Exjicdition be fcduced to a Subjection to his Majesty's
Arms; And had likewise made an Establishment for the Wages of each Private
Ccntinel at the rate of thirty six shillings ((.^ month; and had further made pro-
vision for advancing to each I'rivatc Man from the time of his Inlistment six pence
Sterling \jf^ day for his Subsistence till he shall arrive at such Place where lie
receives the Kings Provisions. —

And AVhereas the Great and General Court in order to compleat the Levy of
said Men have lengthened out the time for their Inlistment upon the sami; Bounty
till the second day of INIay next. — I do hereby promise in behalf of this his ISIajesty's
Province of the Massachusetts Bay that there shall be a full comiiliance witii such
Engagement. And that all such I'ersons who shall inlist as aforesaid shall be
further intitle;! to all other Priviledgcs and Advantages set forth in the foremen-
tioned Proclamation — Provided said Men shall inlist at or before four of tlie Clock
in the Afternoon of the said second day of ^lay; after which timi; all such able
bodied men as are tit for the Service, and who are not by Law ('xemptcd. will be
liable to an Impress in consequence of the same Order of the Great and General
Court and will not be intitled to the Bounty or Privileges engaged to Such as shall
voluntarily inlist before.

Given at Boston the twenty second day of April 1758, and in the thirty first year
of the Reign of our Sovereign Lord George the Second by the Grace of God of Great
Britain France and Ireland King Defender of the Faith &<=

Bj' his Excellencys Command T Pownall.

A Oliver, Secrty " — Rccord-'i of Civil Commissions, ut supra, p. 1.5.

" To his Excellency Thomas Pownall Esqr. Cap' General-&c of his Maj* Province
of the Massachutts Bay in New England.

We the Subscribers who your ExceK>' has been pleased to appoint Officers to go
in the Intended Exitedition Against Canada Beg leave humbly to rei)resent That
we Esteem it Alisolutely nect.'ssary it hi; made certain before tlie Troops march
that they be furnished with cam]i furniture particularly Kettles & Haversacks. — ,

Also to encourage good Surgeonsto Undcrtakt^ in the Service that the Establish-
ment for their pay may be Enlarged it each Regiment have at least two Surgeons
Mates we find that Gentlemen of Character are unwilling to engage upon the
present establishment

Upon the Strictest enquiry wc find the provincial Troops may not depend upon
the Kings Armorers for the repair of their Anns we beg that each Regiment be
provided with an Armorer & one assistant at least.

In order to engage Gentlemen of the best Character to Undertake as Chaplains
it Appears Necessary the establishm<;nt for them be Enlarged.

We desire your Excel'''.*'* particular care that IiufTective jier.sons may not be
Suffered to go in the Army (persons?) for Men we cannot call Numliers that have
Enlisted & Mustered.

And that a Courier may be Appointed constantly to carry Dispatches to &
from the Army

Ol-^ P.MtTKIDOE W" WlI.MAMS

Artemas Ward Nath*- Thwing Tim" Pa-f;nr,ES

Stepiikn Miller Thomas Doty

Jo.NATMAN liA'II.V

— Archives, vol. lOQ, p. 4:77. Jo' Willia.ms"

[40 . PiiovLNCE Laws. — 17o7-58. [Notes.]

" April 22'' 1758. The Secretary by Order of his Excellency the Governor deliv-
ered the followin!:^ Message to the two Houses, and laid before them the Memorial
therein referred to. viz'

Gentlemen of the Council and House of Representatives

I desire to recommend to your consideration this Memorial of the Officers of the
Regiments to lie raised for iuvadinfr Canada. When our Fellow Country-men turn
out so cheerfully in the Service of tiieir Country, We should not measure our
Bounty to them by a scrupulous Reasoning upon strict Right— but by a Generosity
that may render that the Service as comfortable to them as the nature of the thing
will admit.

By looking over the Preparations of last Campaign I find there was allowed by
the Provin«e Knaiisacks, Hatchets Tinkettles and Tin Flasks. The importance of
tills Service does not call for less Preparation, It would also be a great Releif to the
Labours of the Men, if some means were provided of carrying forward their Baggage
to the Rendezvous. . T. Pownall.

In the House of Representatives. Ordered that Col" Lawrence, M'' Tyng, James
Russell Esq M'' Witt and M"" Foster with such as the honourable Board shall
appoint be a Committee to take his Excellency's Message to both Houses of this
Afternoon with the Memorial accompanying the same under consideration and
report what tliey judge proper for thfs Court to do thereon. In Council. Read and
Concurred and John Osl>orne John Erving Benjamin Pickman and Gamaliel Brad-
ford Esq""* are joined in the Affair." — doaiiril Rec(>i\h, vul. XXII., p. 321.

" April 24, 1758. John Osborne Esq from the Committee on his Excellency's
Message of tlie 22^ Instant made the following Report viz'

That a good Knapsack and a Tin Flask or Wooden Bottle be forthwith provided
for cai-Ii jKi-sou going in tlu; Expedition also a Tin kettle of ten quarts with a small
or liu'lit Wood A\^^ for each ]\Iess, six ]Men to a Moss, That a Chaplains Pay be
advaiiicd Forty shillings provided he is an ordained Minister and Obliged to leave
his Congregation and not otherwise. And That there be allowed two Surgeons
Mates instead of one.

In the House of Representatives. Eead and Accepted. In Council. Read and
Concurred.

Consented to by the Governor." — Ibid., p. 326.

Chap. 33. July 3, 1750. An Accompt presented by Mi" James Russell Commis-
sioner of the Stamp Duties, containing the several Articles of Receits as also of
Payments & Expenres for the last Year amounting to the Sum of £!)?!): 11 : it.^

In the House of Re|)resentatives; Read & Ordered that this Account be accepted

In Council; Read & Concur'd Consented to by the Lieu' Governour." —

Coinniil Jtfriirds, vol. XXL, p. 223.

" l^Iarch 22, 17oS. In the House of Representatives. Resolved That all Persons
in this Province who inircliased any stamped Papers or Blanks of the Commission-
ers of the Stanqis during the continuance of the late Act for that Purpose, and who
were possessed of tin; same or any ]iart thereof unimproved at the expiration of
.said Act, shall upon ajiplieation to the said Commissioner have the Value of said
Stanqis jiaiil or remitted to him; the Accounts of such Stamjis being presented
under Oath to said Commi.ssioner within six Months from this time.

In Council— Read and Nonconcurred."— J&jd., vol. XXII., p. 201.

Chnp. ."34. " April 2S, 1758. The Secretary by order of his Excellency the Cover-
nor delivered tli(^ following Message to the House of Representatives, viz'

Gentlemen of the House of Rejiresentatives.

I liav(! received a Memorial from Col" Jarvis Agent for the Contractors for vict-
ualling his Majesty's Forces, which I shall direct the Secretarv to lav before you.

I se(! no disadvantages likely to arise to the Service^if the Provincial Forces in
the County of York and those in the County of Barnstable, who can embark on the
South Side of the ("ajie should proceed as far as Alhaiiv liv Water, as it is probable
fhey may go as soon that way, as by Land. If von are of that Opinion, vou will
make provision forTransports accordingly. Biita's ihc Passage hv Water is attended
with soiiK! Uncertainty, I cannot think it adviseable lor anv great proportion of the
Forces to |.roeeed that way, anil I shall Ilierefore give Orders, that Magazines of
Provisions l.e forthwith laid in at proper Stations for tlKMvniaining Part of them;
And if yon lliink it necessary to provide for any charge that iiiav attend the Trans-
portation of their Baggage, I will give seasonable direction for the taking up Wag-
gons or Cart.s accordingly. ox- n

,, " , , vvrr .,.r T Pownall."— Coinic/i

Ilriivih, ml. XXII., p. .!45.

"April 2H, 175S. rhe Secretary by Order of his Excellencv the Governor deliv-
ered tlie rollowing Message to the two Houses respectively viz'
Ceiilleirieii of file Council ami Hoiisi- of llepreselltatives.

In yoiir Voles tliat have come iq. to me, 1 do not oh.serve that any Provision is
made for ilie ^^lrgeon s ( hests.

I iiiiist a.'qiiaint Von that the Crown provides onlv for the General Hospital, and

iioi. for t !<■ I.eginieiiial Chests. That is a llegimenlal AlTair, no Fund can possibly

be found our of the Provision made for the Begiments of this I'rovinee for such;

f 1. L ii- -^ '. ')' 1'-^'"'' """ Covernment to take care for the health and Lives

of lis .Sol. hers; and I hope you will give this its due weight.

Province House " TPowwatt

April 2.S. IT.VS. ^ i-OWNALL.

In 111.. H.Mise of Repr.-s.ntafives Ord.-re.l That his Kx.-ellencv's M<^s.sage to the
two lloiwes bo commuted to the Commiiteo appoiulea on his ExceUeuo^'s Mes-

[Notes.] Province Laws. — 1757-58. 141

sage of the 22<l Instant to consider & report what tliey judge proper for this Court
to do thereon. In Council. Roiid and Coneiirred." — Ihid., p. 'Ml.

" April •_'!), 17uS. The Committee appointed on his Excellency's Message of the
28"> Instant made the following Report, viz'

That there he forthwith provided a suitable Chest of Medicines for each Regiraeni
going in the Expedition against Canada not exceeding Sixty Pounds lawful Money
value, and that each Surgeon give directions what kind of Medicines shall bo put up
in his own Chest, which is submitted. J. OsnouNi; \p' order.

In the llouse of Representatives. Read and Ordered that this Report be Accepts
cd. In Council. Read and Concurred.
Consented to by the Oovernor.

In the House of Representatives. Voted That the several Sums of jnoney lodged
in the hands of the TTrcasurers of the Towns and Districts within this I'rovince,
arising bj' Fines collected from Soldiers impressed in the Year ilM for the Crown
Point Expedition, bo applied for raisin" and encouraging of Men for tin; Present
Ex]>edition against Canada. And the Treasurers of the several Ttiwns & Districts
are hereby directed to pay the same to Soldiers belonging to the Company or Troop
from which such money was collected, who are, or shall be engaged in thi; Exiic-
dition against Canada, by Order of the Captain or Cheif Oihcer of such Com|>any
or Troop. In Council. Read and Concurred.
Consented to by the Governor." — Ibid., p. '-US.

" April "Jy, 1758. The Committee appointed on his Excellencys Message of the 18">
Instant reported the following draft of a Message to his Excellency in answer there-
unto, viz'

The Consideration of your Excellency's Message to both Houses on the 18'h Cur-
rent accompanyed with a Copj' of a Vote of the General Assembly of the Colony of
Connecticut, a Letter from the Governor of that Colony, and your Excellency's An-
swer, to the same, has hitherto been postponed in expectation of Intelligence of the
Resolutions of that respectable Colony posterior to their Gov(>rnor's receiving your
Excellency's Answer and his being thereby informed that it was impossible for
Commissioners on the Part of this Government to be appointed and to meet at
the time and place proposed for the Conferences. But having received no Informa-
tion on this Subject; both Houses now apprehend the General Assembly of Con-
necticut have for the present dropt their design of a Conference.

We beg leave to assure your Excellency; that We shall with Pleasure embrace
every Opportunity to give proofs of Our Esteem for that Colony, and to create and
preserve a correspondence of measures with all the Provinces and Ct)lonies & par-
ticularly with that of Connecticutt, in whose wisdom & Vigour we have great Confi-
dence, and whose preservation and Welfare we consider as intimately connected
with our own.

The State of Public Affairs is altered since the Meeting of the Commissioners
in Boston, and how greatly it may be changed in the Progress and Conclusion of
this most important Campaign, God only knows.

In all Events these Colonies ought to be strictly united in their Measures, and
their Cooperations with the Commander in Cheif of his Majesty's Forces in Amer-
ica, And whenever Conferences shall be necessary for these Ends, both Houses on
their part will readilv nominate Commissioners for that purpose.
Submitted in the Name of the Comittee James BowDOiy

In Council Read and Accepted and Ordered That Sir William Pepperrell with
Such as the honourable House shall appoint be a Committee to wait on his Excel-
lency the Governor with the foregoing Message.

In the House of Representatives Read and Concurred and Colo Williams & Col°
White are joined in the Affair." — Ibid., p. oo'.i.

" April 29, ]"58. The Committee appointed on his Excellency's Messages of the
22<i & 28"i Instant made the following Rejiort viz'

That suitaVile Vessells be provided to transport the Troops going in the Expedition
against Canada from the Counties of York, Barnstable and Dukes County. And that
suitable Carriages be pro\nded to carry the Baggage of those Troops going by Land.
By Order of the Committee J- Osborne.

In the House of Representatives. Read and Ordered That this Report be accept-
ed. In Council. Read and Concitrred.

Consented to by the Governor." — Ibid , p. 354.

"October 12, 1758. In the House of Representatives Voted That his Excellency
tlie Governor be desired to acquaint the General and the several Colonels of the
Troops raised by the Government of this Province that notwithstanding the time
for which the Troops of this Province are engaged, dos expire on the first day of
November next. Yet if their Service beyond that time will promote the general In-
vasion of Canada by an Attempt on Crown Point or Ticonderoga this Cannpaign,
their Pay shall be continued until the 15'f» day of November next. An<l that the
several Colonels be directed to inform the Officers & Privates accordingly. In
Council. Read and Concurred.
Consented to by the Governor." — Ibid., p. 427.

" In the first place I have the Pleasure to tell You, that it appears by the Accounts
of the Numbers victualled by the Contractor's Agent that I serU; into the Service
61^125 Men of the 7000. Which I beleive You will think was coining well uji to your
Intentions and Expectations. And here I must not omit to acknowledge the
trouble which the Adjutant General took, and the Service that he did." — Extract
j'niin Gov. P(nonaU'.i Kprr(h t<> both Iloii.irx, .Tan. 1, 1750: Ibid., p. 4;!0.

" May 4, 17.".8. His Excellency acquainted the Board that he had received Tn-
fortnation that One Gamaliel Smethurst a Soldier impressed (for the ]iresent Expe-
dition against Canada) by Capt. John UartoU in Col» Jacob Fowle's Regiment had

j.^2 Province Laws. — 1757-58. [Notes.]

refused to Attend the service and had raised a Seditious discontented Spirit among
the People of that Regiment — and desired the Opinion of the Board thereon —

The Board having fully considered the Affair were of Opinion that his Excellency
give his Orders to Colo Jacoh Fowle to receive of Capt. John BartoU tlie said Gama-
liel Sinetluirst, and if he be an Able bodied Effective Man that he deliver liim to
Samuel Glover Esq'' Captain of a Company in Col" Joseph Williams's Regiment,
Ami tliat his Excellency likewise give his Orders to Capt Samuel Glover to receive
tlie said Gamaliel Smethurst, and if he shall refuse to Attend his Duty in said Com-

Clarke. John Gott and Daniel Williams respecting the departure of the Schooner
Robin Hood, James Robinson Master from this Province to the Province of New
llampsliire, in order to prevent getting tlieir Quota of Men for the intended Expe-
dition.

Advised tliat his Excellency write to tlie Governour of New llampsliire desiring
him to Secure said ISIen, and to send them into the Province." — Ibid., p. 400.

" May lit, 1758. His Excellency having laid before the Board General Abercrom-
bie's Letter of the lo'h of May, recommending tlie Impressing of Arms for the Troops
of the Province under his Command.

The Council were of Opinion that the procuring Arms by Impress would occasion
80 great a delay of the March of the Trooi^s as would be exceedingly prejudicial
to his Majesty's Service —

And Advise his Excellency to give Orders to the several Colonels to Use their
Endeavours to prevail on as many Men as thej' can to take their own Arms with
them, and Assure them that any inevitable loss or damage shall be made good, and
that his Excellency will Use his Interest to obtain a proper Consideration for the
Use or Loan of them."— Ibid., p. 402.

" May 2(!, !7.")8. The Draft of a Proclamation respecting Deserters from the Army
under the Command of his Excellencj' INIajor General Abercrombie, was laid before
the Board by the Secretary, by order of his Excellency the Governour —

Advised that his Excellency issue the said Proclamation accordingly." — Ibid., p.
404.

Chap. 35. " Gentlemen of the House of Representatives. I have directed the
Treasurer to lay before You the State of the Treasury, and I must recommend it to
You to supi)ly the same according to the Necessities and several Exigencies of this
Government. And in a more particular Manner I do hope that You will make
Provision for a suitable body of Forces to cooperate in Aid and Assistance of his
Majesty's Regular Troojis to the Eastward.

That Yf)u will apjirojiriate a Sum sufficient for the defence of the immediate
Frontiers of this Province.

That You will make also a sufficient Establishment and Provision for the Ship of
War King G<'orge, which I propose to fit out for cruizing without delay for the
Protection of the Trade and Fishery of this Province." — From the upcech of Gov.
Pownnll to the .-ifsembhi, Murch 2, 1758: Council Records, vol. XXII., p. 244.

" March 20, 1758. In Council Ordered That Thomas Hutchinson and James
Bowdoin Ivsij^" with such as the honourable House shall join be a Committee to pro-
ject the Scheme! of a Lottery for the Benefit of the Government upon the present
emergency of Affairs.

In the ilonse of Representatives. Read and Concurred & Col" Worthington, M'
Flucker, and Mi" Foster an; joined in the Affair."— /6icZ., p. 280.

" June 15, 175S. In the House of Representatives. Ordered That M"" Hall be one
of the jSIanagi-rs for carrying on one or more Lotteries for supplying the Treasury
witli a Sum (if money in the room of M'' Tyng, who desires to be excused from that
Service. In Council. Read and Concurred.

Consented to by tlu; Governor."— 76i(Z., p. 40.').

"October 10, 175'.). In the House of Representatives Whereas An Act passed
in tlie :!1 Year of his present Majesty's Reign intituled An Act for supplying the
Treasury wiih a Snni of Money by Lottery proved abortive. Voted That tlio mana-
gers ai>i'"iiited for said Lott(>ry do forthwith return an account to the Province
Treasurer certifying tlu! imniber of Tickets by them sold and pay into the Trciis-
ury any .Sum nr Sums of money which they may have received for said Tickets,
and thut the Treasnrer Ik; directed to pay the, same unto the Po.ssessors as they may
njipear to deman.l it. And that the Treasurer when lie shall have received saiil
money sliall advertise the same in one or more of the Boston weekly News I'apers
thri!0 weeks successively.

In Council. Read and Concurred Consented to by the Governor."— CownctV
Records, vol. XXIII., p. 77.

Chap. .Tfi. " Juno 8, 1758. To Thomas Clap Esci' the sum of Sixty-five Pounds
bIx shillings and eij;ht i>ence to reimburse him for what he advanced for hiring
Jive .Men (in lieu of (,)MaUers in his Regiment) for a General Invasion of Canada
und<T the Comniiind of GiMieral Abereromby.

• • • •' tt » •

To James Otis Esijf the sum of Two hundred Pounds to reimburse him for Monev
lie advanced in procuring M<'n for an Invasion of Canada under the Command of ( Jeii-
crul Abereromby in lien of (Junkers."— /-.Vrei/n'rf Records of the Coiniril, ml.:), p. 408.
"Juno 11, 17.58. To K/.ra RicbiMond Kscir the sum of Twentv-six Pounds tliirteeu
Hliillinfisand four pence, to Keinil.itrse bim for Money advanced forliiring two Men
(in ben of (,)iiuUcr.-.) loviiii Invasion of Canadii under the Commantl of his JOxcel-
ieucy Major General Aburnioiiihy." — J bid., p. 411.

ACTS,

Passed 1758-59

[14.!]

ACTS

Passed at the Session begun and held at Boston,
ON the Thirty-first day of May, A. D. 1758.

CHAPTEK 1.

AN ACT FOR APPORTIONING AND ASSESSING THE SUM OF EIGHTY-
TWO THOUSAND AND THIRTEEN POUNDS SIX SHILLINGS AND EIGHT-
PENCE; AND ALSO FOR APPORTIONING AND ASSESSING A FURTHER
TAX OF ONE HUNDRED AND SEVENTY-SEVEN POUNDS, FOR FINES
LAID UPON TOWNS THAT HAVE SENT NO PERSONS TO REPRESENT
THEM AT THE GENERAL COURT THIS YEAR.

Whereas the great and general court or assembly of this province Preamble,
did, at their session in May, one thousand seven hundred and fiftj'-six, 1756-57, chap. 3,
grant a tax of thirtj'-four thousand pounds ; and at their session in ^ *"
Februar}-, one thousand seven hundred and fiftj'-seven, did grant a 1756.57, chap. 22,
further tax of thirty-nine thousand pounds, and by said acts provision ^ ^'
was made, that the general court, at this present session, miglit appor-
tion the same on the several towns, districts, parishes and places within
tlie province, if they thought fit ; and lohereas the general court, at
this session, have granted a further tax of eight thousand pounds, and
a tax of nine hundred and ninety-three pounds six shillings and eight-
pence upon the town of Sherburn upon Nantucket, for carrying on the
present war, making in the whole eighty-two thousand and thirteen
pounds six shillings and eightpence ; wherefore, for the ordering, direct-
ing and effectual drawing in the sum of eighty-two thousand and thir-
teen pounds six shillings and eightpence, we, his majesty's most loyal
and dutiful subjects, the represeptatives in general court assembled,
pray that it may be enacted, —

And he it accordingly enacted hy the Governor^ Council and House of
Representatives^

[Sect. 1.] That each town, district, parish or place within this
province be assessed and pay, as such town, district, parish and place's
proportion of the sum of eightj'-one thousand three hundred and eighty-
six pounds thirteen shillings and fourpence, and for the fines aforesaid,
the several sums following ; that is to say, —

[145J

146

Province Laws. — 1758-59. [Chap. 1.]

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[Chap. 1.]

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[1st Sess.] Province Laws. — 1758-59.

149

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150

PiiOvmcE Laws.— 1758-59. [Chap. 1.]

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[1st Sess.] PitoviNOE Laws. — 1758-59.

151

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Peovince Laws. — 1758-59. [Chap. 1.]

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[1st Sess.] Pkovince Laws. — 1758-59.

153

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154 PiiOviNCE Laws.— 1758-59. [Chap. 1.]

And be it further enacted,
BniMforMaesB. [Sect. 2.] That the treasurer do forthwith send out his warrants,
ment directed to tlie selectmen or assessors of each town, district or parish,

or other place within this province that are taxed, requiring them, re-
spectively, to assess the sum here!)}- set upon such town, district, parish
or other place, in manner following ; that is to saj-, to assess all rateable
polls above the age of sixteen years, within their respective towns, dis-
tricts, parishes or other places, or next adjoining to them, belonging to
no oiher town or place, thirteen shillings and sixpence per poll (except-
ing the governor, lieutenant-governor, and their families, the president,
feilows, professors, Hebrew instructor and students of Harvard Col-
lege, settled ministers and grammar-school masters, who are hereb^y ex-
empted as well from being taxed for their polls, as their estates being
in their own hands and under their actual management and improve-
ment ; as also all the estate pertaining to Harvard College) ; and other
persons, if such there be, who, through age, inSrmity or extreme pov-
ertv, in tlie judgment of the assessors, are not able to pay towards
publick charges, they may exempt their polls, or abate part of what
they are set at, as in their prudence they shall think fit and judge
meet.

[Sect. 3.] And the justices in their general sessions, in the respec-
tive counties assembled, in granting a county tax or assessment, are
hereby ordered and directed to apportion the same on the several towns,
districts, parishes and other places in suoh county in proportion to their
province rate ; and the assessors of each town in the province are also
directed, in making an assessment, to govern themselves by the same
rule ; and the incomes of all estates, both real and -i)ersonal, h'ing
within the limits of such town, district, parish or other place, or next
unto the same, not paying elsewhere, in whose hands, tenure, occupa-
tion or possession the same is or shall be found, and also the incomes
or profits which any person or persons, except as before excepted, do
or shall receive from any trade, faculty, business or employment what-
soever, and all profits which shall or may arise by money or commissions
of profit in their improvement, according to their understanding or
cunning, at one shilling per pound ; and to abate or multiply the same,
if need be, so as to make up the sum set and ordered hereby for such
town, district, parish or other place to pay ; and in making their assess-
ment, to estimate houses and lands at six years' yearly rent whereat
the same may be reasonably set or let for in the place where they lye :
savijig all contracts between landlord and tenant, and where no contract
is, the landlord to reimburse one-half of the tax set upon such houses
and lands ; and to estimate negro, Indian and molatto servants propor-
tionably as other personal estate, according to their sound judgment
and discretion ; as also to estimate every ox of four years old and up-
wards, at forty shillings ; every cow of three years old and upwards, at
thirty shillings; every horse and mare of three years old and upwards,
at forty shillings ; every swine of one year old and upwards, at eight
HJiillings; goals and sheep of one year old, at three shillings each:
likewise re(|uiring tiie said assessors to make a fair list of said assess-
ment, setting forth, in distinct columns, against each particular person's
name, how lie or she is assessed at for polls, and how much for
houses and lands, and how much for personal estate, and income by
trade or faculty ; and if as guardian, or for any estate, in his or her
improvement, in trust, to l)c distinctly expressed ; and the list or lists,
80 pcrfccteil and signed l)y thorn, or the major part of them, to commit
to the collectors, constal)le or constables of any such town, district, parish
or other place, and to return a certificate of the name or names of such
collector, constable or constables, with the sum total to each of them

[1st Sess.] Province Laws.— 1758-59. 155

committed, unto himself, some time before tlie last day of October
next.

[Sect. 4.] And the treasurer, for the time being, upon receipt of
such certificate, is hereby impowcred and ordered to issue fortli his
warrants to the collector, or constable or constables of such town, dis-
trict, parish or place, requiring hira or them, respectively, to collect the
whole of each respective sum assessed on each particular person, and
to pay in their collection and issue their accompts of the whole, at or
before the thirty-first day of March next, which will be in the year of
our Lord one thousand seven hundred and fifty-nine.

And be it farther enacted,

[Sect. 5.] That the assessors of each town, district, parish or inhawtanta to
place, respectively, in convenient lime before their making the assess- |lst"oVtiieir™°
ment, shall give seasonable warning to the inhabitants, in a town meet- polls, &o.
ing, or b}' posting up notifications in some place or places in such town,
district, parish or place, or notify the inhabitants some other way to
give or bring in to the assessors true and perfect lists of their polls,
rateable estate, and income by trade or faculty, and gain b}' money at
interest, which they are to render to the assessors, on oath, if required ;
and if they refuse to give in an account of the money at interest, on
oath, the assessors are impowered to doom them ; and if any person or
persons shall neglect or refuse so to do, or bring in a false list, it shall
be lawful to and for the assessors to assess such person or persons,
according to their known ability in such town, in their sound judgment
and discretion, their due proportion of this tax, as near as they can,
agreeable to the rules herein given, under the penalty' of twenty shil-
lings for each person that shall be convicted by legal proof, in the judg-
ment of said assessors, in bringing in a false list ; the said fines to be
for the use of the poor of such town, district, parish or place where the
delinquent lives, to be levied In' warrant from the assessors, directed to
the collectors or constables, in manner as is directed for gathering the
town assessments, to be paid in to the town, district or parish treasurer
or selectmen for the use aforesaid : saving to the party aggrieved at
the judgment of the assessors in setting forth such fine, liberty of
appeal therefrom to the court of general sessions of the peace within
the county, for relief, as in the case of being over-rated. And if any
person or persons shall not bring in a list of their estates, as aforesaid,
to the assessors, he or they so neglecting shall not be admitted to make
application to the court of general sessions for any abatement of the
assessment laid on him or them.

[Sect. 6.] And if the person be not convicted of any falseness in
the list, b}' him presented, of the polls, rateable estates, or income by
trade or facult}, business or employment, which he doth or shall exer-
cise, or in gain by monc}' at interest or otherwise, or other estate not
particularly assessed, such list shall be a rule for such person's pro-
portion to the tax, which the assessors ma}- not exceed.

And forasmuch as, oftentimes, sundry persons, not belonging to this
province, bring considerable trade and merchandize, and by reason that
the tax or rate of the town where they come to is finished and delivered
to the constable or collectors, and before the next year's assessment, are
gone out of the province, and so pay nothing towards the support of
the government, though, in the time of their residing here, they reaped
considerable gain by trade, and had the protection of the government, —

Be it further enacted,

[Sect. 7.] That when any person or persons shall come and reside Transient trad,
in any town witliin this province, and bring any merchandize, and tr.ade, t'" '» bo rated,
to deal therewith, the assessors of such town are hereby impowered to
rate and assess all such persons according to their circumstances, pur-

156 Province Laws.— 1758-59. [Chap. 2.]

suant to the rules and directions of this act provided, though the former
rate may have been finished, and a new one not perfected, as aforesaid.
And he it further enacted,
Merchants, &c., [Sect. 8.] That wheu any merchant, trader or factor, shall set up
carryi'ng'on'^"'^ ^ storc and traffick or carry on an}- trade or business in any town
trade In any within this proviucc, not being an inhabitant of such town, the assess-
ei.ie whrre ihey ors of such town wherc such trade and business shall be carried on as
dwell. aforesaid be and are herebj- impowered to rate and assess all sucli mer-

chants, traders and factors, their goods and merchandizes, for carrj-ing
on such trade and business, and exercising their faculty in such town,
Beicctmcn to pursuant to the rules and directions of this act : provided, before any
iuI'iTpi'rHonsbof ^•^"^"'^ asscssors shall rate such persons, as afore mentioned, the selectmen
fore they are of the town whcrc such trade is carried on, shall transmit a list of such
persons as the}' shall judge may and ought to be rated, within the intent
of this act, to the assessors of such town or district.

[Sect. 9.] And the constables or collectors are hereby enjoyned to
levy and collect all such sums committed to them, and assessed on per-
sons who are not of this province, or are residents in other towns than
those where they carry on their trade, and pay the same. \^Passed
June 15.

CHAPTER 2.

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT TO PREVENT
THE DESERTION OF SOLDIERS DURING THE PRESENT WAR WITH
FRANCE, AND THE LOSS OF ARMS," &C.

Preamble. WiiEREAS iu and by au act made and passed in >the thirtieth year of

1 7.19.^7, ciiap. 36, his prcscnt majesty's reign, intitled '• An Act to prevent the desertion
*'■ of soldiers during the present war with France, and the loss of arms,

whether lent by his majesty or belonging to this province," it is among
other things provided that it shall and may be lawful for any person to
apprehend any one who may be suspected to be a deserter, if inlisted
or impressed in this or either of the neighbouring governments, and
bring [them] [Am] before any justice of the peace living in or near
the place whcrc he shall be apprehended : and whereas it hath been
doubted whether any person may lawfully enter by force into any house
or vessel [1] to search for a deserter suspected to be harboured or con-
cealed tliere, —

Be it therefore enacted by the Govemoury Council and House of
Representatives,
8herim.,&c., [Skct. 1 .] That it is and shall be lawful for any sherif[/] or his

bi'.MntTy'in"'*'" deputy or a constable within their respective precincts, and for such
■.•.irch of do- oflicers only, with their assistants, by virtue of a warrant from a justice
of the peace of tlie county whore any deserter is or shall be vehementi}'
Buspectcd to be concealed or harboured, to break open and forc[ea][i]-
bly enter any dwelling-house or outhouse (wliether belonging to the
deserter or to any other person) and into any ship or vessel in order to
make search for such deserter, and apprehend him when found, and
rroviio. bring liim before a justice as aforesaid : provided, ahva]/s, that such

oniccr shall not enter by force into any house or vessel without first
giving notice tliat a deserter is suspected to be concealed or harboured
tliere, and that he hath a warrant from a justice to search for and appre-
hend him ; nor unless, after a demand made by theollicer, the supposed
deserter shall refuse or neglect to surrender himsell^ nor unless the
olllcer's entrance, when by him demanded, shall be denied or any ways
obstructed.

[1st, Sess.] Province Laws. — 1758-59. IS"*!

Ayid be it further enacted,

[Sect. 2.] That if any justice of the peace, upon application made Penalty for any
to hitn bv a commission officer for a warrant to search for and appre- iust'co r'^'fu8'"&.

, 1 ^ , 1 11 ,. 1 1 , on appliciiuoii,

nend any deserter, shall refuse or neglect to grant such warrant, and to grant a war-
shall be thereof du[e]ly convicted, he shall for every such offence be ""^> ^°-
adjud>;[e]'d to pa}- as a fine to his majesty a sum not exceeding fifty
pounds nor less than ten pounds, at the discretion of the justices of the
court wherein such conviction shall be had : provided, always, that no rrovUo.
warrant be granted by any justice of the peace to search for a deserter
in any house or vessel before oath shall be made before him b}- the com-
mission officer applying for such warrant that he vehemently suspects
that such deserter is concealed or harboured in such house or vessel.

And he it further enacted,

[Sect. 3.] That when and so often as any person shall b}' order of Deserters to be
a justice l)e committed to goal as a deserter, the keeper of the same chargTdby a'^'**
goal shall detain him in custody until, upon application made by a com- jnstice.
mission officer appointed to rec[ie][et]ve him, he shall by order of a
justice of the peace be delivered over to such officer to be sent to the
compan}^ or regiment to which he belongs, to attend his duty in his
majesty's service. \_Passed June 8 ; * published June 12.

CHAPTER 3.

AN ACT FOR PREVENTING ANY DEFICIENCY IN THE NUMBER OF SOL-
DIERS TO BE RAISED WITHIN THIS PROVINCE FOR THE INTENDED
EXPEDITION AGAINST CANADA.

It appearing to this court that notwithstanding the many orders that preamble,
have been issued by his excellency the captain-general, and the several
laws enforcing the same, for raising and compleating the number of
soldiers agreed to be levied within this province for the present expedi-
tion against Canada, that as yet the number raised in some of the regi-
ments falls short of the quota or proportion assigned them ; and that
divers persons duly inlistcd or impressed have absconded, and others
refuse to go forth into the service ; and this government, willing to do
all that in them lies to prevent any such deficiency, more especially on
this so important occasion, do enact, —

And be it accordingly enacted by the Govemour, Council and House
of Representatives,

[Sect. 1.] That the colonels or chief officers of the several regi- coioneisorciiief
ments within this province, that of Nantucket onl}^ excepted, shall offic''" to return
forthwith make return to the captain-general, upon receiving his orders
therefor, of the names of all such as have bond fide been inlisted or
impressed for the present expedition against Canada, in pursuance of
the captain-general's warrant issued for that purpose ; as also the names
of such impressed and inlisted persons as have not gone forth into the
service, and of all those, so far as hath come to their knowledge, who
since their departure have deserted and returned.

[Sect. 2.] And the captains or chief officers of the several com- captains, &c.. to
panics shall, without delay, make diligent enquirj' in order to discover qJi'iry for so!"'
what inlisted or impressed soldiers belonging to their respective com- <iiir« not come
panics are not gone into the service, and such as, having gone forth, ^^nt to^make'rel
have deserted and returned, and shall lodge a list of their names with t^™*

• June 16, according to the record.

158

Province Laws. — 1758-59.

[Chap. 3.]

Penalty for not
making return.

C.iptains, &c.,to
apply for war-
rsuitH for appro-
Iionding (Iflin-
qucDt or desert-
ing soldiers.

WarranlB to be

Kranted without

fie.

SliorlfTd power

of conveying.

Chief officers,
&c., may appro-
hcnd enlJHted or
linprcdsed sol-
(liertt without
warrant, &c.

Penally for not
nliling officers.

Penalty for a
rescue.

T>ellnqnont sol-
(Hits to ho eon-
Veynl to the
ri'Klmcnt, &c.

Preorablc.

the colonel of the regiment whereto they belong, by him to be trans-
mitted to tlie captain-general as aforesaid.

And be it further enacted,

[Sect. 3.] That if any such field-officer or other officer aforesaid
shall refuse or neglect to make due return as aforesaid, or shall wit-
tinfrlv make a false return, such officer, upon due conviction of such
offence, shall be thereafter rendered uncapable of sustaining any office,
civil or military, within this government.

And he it further enacted,

[Sect. 4.] That the captains or chief officers of the several com-
panies shall, as soon as may be, make application to some justice of the
peace in the county where such company is, for a warrant or warrants
for ap[>reliending such delinquent or deserting soldiers and securing
them in the goafof such county, or otherwise, for conveying them to
such place as the captain-general shall appoint, from whence they may
be afterwards sent or transported to the company or regiment, gone
forth in his majesty's service, to which they respectively belong, there
to do duty ; which warrant shall be granted without fee or reward.
And the sheriff or other executive civil officer, having such warrant, is
heicby authorized to convey any soldier or soldiers by him apprehended,
through any county or counties, to the place that shall be assigned as
aforesaid to receive and secure them.

And be it further enacted,

[Sect. 5.] That it shall and may be lawful for the chief officer of
every regiment or company, as occasion may require, not only to appre-
hend, as by law they may, any inlistcd or impressed soldier who refuses
or neglects to attend duty in the expedition aforesaid, but, without
warrant from a justice of the peace, to secure such soldier, or to convey
him to the place to which he shall be ordered by the captain-general,
there to be detained until he can be sent into the public service in said
expedition, such ofliccr giving immediate notice thereof to the captain-
general, and attending his orders relative thereunto.

And be it further enacted,

[Sect. 6.] That every person refusing to aid and assist any civil or
military oflicer, being thereunto required in his majesty's name, in
apprehending and securing any such delinquent or in conveying him to
such place as the captain-general shall api)oint, from whence he may
with most convenience be transported or conve3-cd to the army, he and
they shall, upon conviction of such olfence, forfeit and pay to his
majesty, for the use of this government, the sum of five pounds. And
in case any person shall presume to rescue any such delinquent appre-
hended as aforesaid, or to be aiding therein, he shall be corporally pun-
ished by whipping, not exceeding twenty stripes, at the discretion of
the court before whom he shall be convicted, according to the aggrava-
tion of the offence.

And be it further enacted,

[Sect. 7.] That all such delinquent soldiers as shall be apprehended
as aforesaid, and such others as may be impressed or hired for his
majesty's service aforesaid, shall, as soon as may be, be transported or
coiivcyed to the regiment or company, in the army, whereto they re-
spectively belong, or to which they shall be assigned, in such manner as
the captain-general shall judge to be most convenient.

And v-hcnas a defieiency in the quota of men ordered by the captain-
general, in consequence of an act of this government, to be raised in
divers regiments within this province, has happened by reason that a
great number belonging to certain companies in such regiments were
gone on fishing voyages to avoid the eml)argo that has since been laid,
or were departed tliis province to avoid being impressed into his majes-

[1st Sess.] Province Laws. — 1758-59. 159

tj-'s service in the present expedition ; by reason whereof the propor-
tion of men ordcrecl by the colonels to be raised out of such companies
as their i)roportion, could not be obtained ; therefore, —

Be it further enacted,

[iSfiCT. 8.] That where such deficiency has happened in any com- Deficiency of
pany, the colonel or chief officer of the regiment to which such company compioloa by
l)olongs shall, and he is herein* required, upon order therefor received tho ooimu-i or
from the captain-general, forthwith to cause such deficiency to be sup- t^heVegimont?
plied, and the full quota which were ordered to be raised in such regi-
ments to be compleated, by impress, out of such deficient corapan}',
if it may be, or otherwise out of the other companies in the same regi-
ment, in due proportion to each other ; the charge of raising said men
to be borne by such deficient company, or such of them as bj' with-
drawing themselves have avoided doing dut}', as shall be judged most
equitable, and in such manner and proportion as the commission oflBcers
of such regiment shall order ; and to issue his warrants to the several
captains for that purpose ; and them shall muster and have in readiness
to send into the service as the captain-general shall order; and every Captains to
captain shall, without delay, lodge a list of the names of the persons ° ^^ '* *'
so impressed with his colonel, by him to be thereupon immediately
transmitted to the captain-general.

And ivhereas in and by a late law of this province, intitled " An Act 1757-58, chap. 36,
in addition to an act made and passed this present year, intitled ' An ^^'
Act for the speedy levying of soldiers for an intended expedition,' " it
is among other things enacted, that in every regiment in which there
are any of the people called Quakers, liable to be impressed, the colonel
or chief officer of such regiment be impowered and required to engage
and employ a sum not exceeding thirteen pounds six shillings and eight-
pence per man, in order to hire into tlie service so many men as would
have been liable to be impressed from the people called Quakers, in a
due proportion to the other part of the regiment ; the sums so engaged
to be paid out of the public treasury and to be levied in the next tax-
act upon the people called Quakers, in such manner and proportion as
shall be therein ordered.

Ayid luhereas by reason of the great number of persons of that per-
swasion in the regiments under the command of Colonel Ezra Richmond
and Colonel Thomas Bowen, and for that those regiments are bordering
upon or near to the boundary -line betwixt this and the government of
Rhode Island, it has been found difficult if not impracticable, to hire so
many men as are wanting to make up the full quota assigned to those
regiments, —

Be it therefore further enacted,

[Sect. 9.] That it shall and may be lawful not only for the colonels Any person cm.
of those regiments, but for any other person or persons living elsewhere mcrinUu^room
within this province, whom the captain-general shall appoint, to engage qnd stead of
and employ such sum as aforesaid for hiring into said service so many ^"'''"*"
men in any other part of the province in the room and stead of the
people called Quakers, as shall be necessary to supply the remaining
deficiency in the number of soldiers which the Quakers in those regi-
ments were liable to find as their proportion ; the sums so engaged,
together with all the costs attending the procuring said men, to be paid
out of the public treasury by warrant from the governour, with the
advice and consent of the council, and to be levied in the next tax-act
upon the people called Quakers, in manner and proportion as shall be
therein ordered.

And he it further enacted,

[Sect. lU.] That every military oflBcer who shall wilfully neglect Penalty on miii-
the duty enjoyned him by this act shall, upon due conviction of such Suy "eV"'

160

Province Laws. — 1758-59.

[Chap. 4.]

le«tlng tbcir
daty.

offence before the superiour court of judicature, court of assize and
"•eneral goal delivery, upon complaint or information made to said
court, be liable not only to be cashiered, but to be mulcted in a sum
not exceeding one hundred pounds, for the use of this province, at the
discretion of the justices of said court, according to the circumstances
aggravating or extenuating the offence. [^Passed June 15 ; published
June 16.

CHAPTER 4.

Preamble.

Treararer em.
powered to bor-
row £180.000.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF ONE
HUNDRED AND EIGHTY THOUSAND POUNDS, TO BE THENCE ISSUED
FOR DISCHARGING THE PUBLIC DEBTS, AND DRAWING THE SAME
INTO THE TREASURY AGAIN.

Whereas the provision already made for defreying the expences of
the Crown-Point expedition is found insufficient, and no provision
made by the general court for discharging the debts of the ensuing
year,—

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

[Sect. 1.] That the treasurer of the province be and he hereby is
impowered and directed to borrow from such person or persons as
shall be willing to lend the same, a sum not exceeding one hundred and
eighty thousand pounds in mill'd dollars, at six shillings each, or in
other coined silver at six shillings and eightpence per ounce ; and the
sum so borrowed shall be applied in manner as in this act is hereafter
directed.

[Sect. 2.] And for the sum of nine thousand one hundred and
ninety pouncls six shillings and eight pence, being part of the aforesaid
sura of one hundred and eighty thousand pounds, the treasurer shall
give his receipt or obligation in the form following : —

Province of the Alassachusetts Bay, the day of

Ilcccived of the sum of , for the use and service of

the province of the Massachusetts Bay, and, in behalf of said province, I do
])romiso and oblige myself and successors in the office of treasurer to
ropav Hic said or order, the first day of June one thousand seven

liinidrcd and fifty-nine, the aforesaid sum of , in coined

silver at six sliiilings and cij^htponce per ounce, or Spanish mill'd dol-
lars, at six sliilliugs each, with interest annually, at the rate of six per
cent ])er annum.

Witness my hand, H. G., Treasurer.

Noirn pnyn»)io [Sect. 3.] And for the further sum of one hundred thousand pounds,
III 1.01 oud 1. 02. pjii-Lof ti„. said sum of one hundred and eighty thousand pounds, the
treasurer shall give his notes in the form aforesaid, payable the first
day of June one tiioiisand seven hundred and sixty-one.

[Sect. 1.] And for the further sum of seventy thousand eight hun-
dred and nine pounds thirteen shillings and fourpenee, being the re-
mainder of the aforesaid sum of one hundred and eighty thousand
y)Ounds,thc treasurer shall give his notes in the form aforesaid, payable
tlie first day of June one thousand seven hnndied and sixty-two.
And no receipt shall be given for less than six pounds.
And he. it fiirthrr otnirtpd,
^ir'^.f"! r"''" [•'^'••''T. •'>.] That the aforesaid sum of one hundred and eighty thousand
(•ruwi'i.i'oiiii'"' pounds, when received iiilo the t leasury, sliall be issued out in the manner
cipodiuon. ,i„d for the purposes followiiiL,' ; tiiat is to say, two thousand pounds, part
of the sum of one hundred and eighty thousaud pounds, shall be applied

Form of tro.i8.
urcr'i) receipt.

[1st Se89.] Province Laws.— 1758-59. (61

for the payment of the services of the late Crown-Point expeditions still
unpaid; and the further sum of sixteen thousand pounds, part of the £i8,ooo for foru
aforesaid sum of one hundred and eighty thousand pounds, shall be ^"^ gnTisons.
applied for the service of the several forts and garrisons within this
province, pursuant to such grants and orders as arc or shall be made
by this court for these purposes; and the fiu-ther sum of eight thou- £8,500 for pur.
sand five hundred pounds, part of tlie aforesaid sum of one hundred sionsl'lc/"^ "
and eight}' thousand i)ounds, shall be applied for purchasing pro-
visions and the commissary's disbursements for the service of the
several forts and garrisons within this province ; and the further sum of £8,000 for pre
eight thousand pounds, part of the aforesaid sumof one hundred and eight}' grains'.""'^
thousand pounds, shall be applied for the payment of such premiums and
grants that now are or raaj' hereafter be made by this court ; and the £5,000 for pay
further sum of five thousand pounds, part of the aforesaid sum of one whcro°tiuTe la
hundred and eighty thousand pounds, shall be applied for the discharge J^^e^fJ^g'**^
of other debts owing from this province to persons that have served or shall
serve them, by order of this court, in such matters and things where
there is no establishment nor an}^ certain sura assigned for that i)ur-
pose ; and for paper, writing and printing for this court ; and the further £3,000 for pay.
sum of three thousand pounds, part of the aforesaid sum of one hundred ^uncn ami
and eighty thousand pounds, shall be applied for the payment of his maj- house of rep.

,»•'., ,,' „' ,.'■'■ . . ^, . 1 '' rescntativeB.

esty s council and house of representatives serving in the great and gen-
eral court during the several sessions for the present year ; and the further £6,000 for armed
sum of six thousand pounds, part of the aforesaid sum of one hundred ^<'^8°'*-
and eighty thousand pounds, shall be applied to the payment of the
charge of maintaining armed vessels of war belonging to this province ;
and the further sum of four thousand pounds, part of the aforesaid sum £4,000 for pay-
of one hundred and eighty thousand pounds, shall be applied for the "ho'mard?ca to
payment of the troops that marched for the relief of Fort William Henry Foit wiiiiam
when attacked b}- the enemy in August, one thousand seven hundred ^" ^'
and fifty-seven ; and the further sum of five thousand tAvo hundred and £5.255 forpay.
fiftv-five pounds, part of the aforesaid sum of one hundred and eight}' onets, &c.''^
thousand pounds, shall be applied for the payment of the bayonets pro-
vided for the militia of this province by virtue of the act intituled "An Act J'^'^'^^' "^^^p- ^^'
in addition to the several acts of this province for regulating the militia ; "
and the further sum of one hundred and twenty-one thousand nine hun- ^^-'•?''^ ^"""i'"*
dred and forty-five pounds, part of the aforesaid sum of one hundred uon.
and eighty thousand pounds, shall be applied for the payment of the
expences in the present expedition against Canada ;

Ajid whereas there are sometimes contingent and unforeseen charges
that demand prompt payment, —

Be it further enacted,

[Sect. 6.] That the sum of three humlred pounds, being the remain- 4^00 for con.
ing part of the aforesaid sum of one hundred and eighty thousand '°^*° "^ "^**
pounds, shall be applied to pay such contingent charges, and for no
other purpose whatsoever.

Ancl in order to draw the money into the treasury again, and enable
the treasurer effectually to discharge the receipts and obligations (with
the interest that may be due thereon), by him given in pursuance of this
act, —

Be it enacted,

[Sect. 7.] That there be and hereby is granted to his most excel- Tax granted of
lent majesty a tax of one hundred and eighty thousand pounds, to be
levyed on polls, and estates both real and personal within this province,
in manner following; that is to say, niue thousand one hundred and £9.t90 6». 8d. la
ninety pounds six shillings and eightpence, part thereof, according to
such rules and in such proportions on the several towns and districts
within the province, as shall be agreed upon and ordered by the general

Province Laws. — 1758-59.

[CuAP. 4.]

£100,000 In 1760,

£TO.RO0 13«. *d.
la 1761.

Rule for appor-
tioning the tax,
In case no tax
net Hhnll bu
agreed on.

Fund.

Tlio treaiiurcr to
conform to Uio
approprlntlon*.

court or assembly in their present session, and to be paid into the pub-
liclv treasmy on or before the last day of March then next after. And
the further sura of one hundred thousand pounds, according to such
rules and in such proportion on the several towns and districts afore-
said, as shall be agreed on and ordered b}- the general court at their
session in May, one thousand seven hundred and sixt}', and to be paid
into the treasury on or before the last day of March next after. And
the further sum of seventy thousand eight hundred and nine pounds
thirteen shillings and fourpence, according to such rules and in such
proportion on "the several towns and districts aforesaid, as shall be
a<Treed on and ordered by the general court at their session in Ma)', one
thousand seven hundred and sixty-one, and to be paid into the treasury
on or liefore the last day of March next after.

And be it further enacted,

[Sect. 8.] That if the general court, in their present session, and in
their session in May, one thousand seven hundred and sixty, and in
their session in May, one thousand seven hundred and sixty-one, and
some time before the twentieth day of June in each year, shall not
agree and conclude upon an act apportioning the sums which by this
act are engaged to be, in each of said years, assessed and levied, that
then, and in such case, each town and district within this province
shall pay, by a tax to be levied on the polls, and estates both real
and personal within their limits, the same proportion of the said sums
as the said towns and districts were taxed by the general court in the
tax act then last preceeding.

[Sect. 9.] And the province treasurer is hereby fully impowered
and directed, some time in the month of June in each of the years afore-
said, to issue and send forth his warrants, directed to the selectmen or
assessors of each town and district within this province, requiring them
to assess the polls, and estates both real and personal within their sev-
eral towns an(l districts, for their respective parts and proportions of the
suras before directed and engaged to be assessed, to be paid into the
treasury at the afororaentioned times ; and the assessors, as also persons
assessed, shall observe, be governed by and subject to all such rules
and directions as shall have been given in the last preceeding tax-act.

And as a further fund to enable the treasui'cr to discharge said receipts
and obligations by him given in pursuance of this act, —

Be it enacted,

[Sect. 1 0.] That the duties of excise upon spirituous liquors, for the
year seventeen liundrcd and fifty-nine, shall be applied for the payment
and discharge of the principal and interest that shall become due on said
notes, and to no other purpose.

A)id be it fnrthi'r enacted,

[Sect. 11.] Tliat tlie treasurer is hereby directed and ordered to
pay the sura of one liundred and eighty thousand pounds out of such
apinoprialions as sliall be directed by warrant, and no other; and the
secictary, to whom it bt^longs to keep the muster-rolls and accounts
of charge, siiall lay before tlie house of representatives, when they
direct, such muster-rolls and accounts, after payment thereof: pro-
vided, (ihoayn, tliat the remainder of the sum wliich siiall be brought
into the treasury by the duties of excise before mentioned, and the
Hcveral taxes oidered l)y tills act to be assessed and levied, over and
above what shall lie sullicient to discliarge the notes and obligations
aforesaid, Hhall be and rtinain as a stock in the treasury, to be applied
OS tlie general com-t of this province shall hereafter order, and to no
other purpose wliatsoever.

And whereas this province have an humble trust and dependance on

[1st Sess.] Province Laws.— 1758-59. 103

his majesty for a reimbursement of the charge arising in consequence
of the intended expedition against Canada, —

Be it enacted,

[Sect. 12.] That the treasurer be and hereby is directed and im- Notes or bccuh.
powered to apply so much of the money that shall arrive from Great tre^ufurer, 'to 'be
Britain before the first day of June, Anno Domini one thousand seven pni'i out of such

•^ money tit* niuy

hundred and sixty-two, as shall be necessary to discharge the notes to be ktmaca by

be by him given pursuant to this act ; save, only, that nothing in this Parliament.

act shall alt'^r the appropriation of twent5'-eight thousand pounds out

of said money pursuant to an act of this province, intitled " An Act 1757-68, chap. so.

impowering the province treasurer to borrow twenty-eight thousand

pounds."

[Sect. 13.] And in case of the arrival of the money as aforesaid,
and the whole of said notes being discharged thereby, then the clauses
in this act providing for issuing a tax of one hundred thousand pounds
and a tax of seventy thousand eight hundred and nine pounds thirteen
shillings and fourpence be and hereby is declared void.

[Sect. 14.] And in case only part of said notes shall be discharged,
then the treasurer shall not issue his warrants for assessing more than
what shall be necessary for making up such deficiency, and shall issue
his warrants, if need be, accordingly, for assessing such deficiency only.
\^Passed June 15 ; published June 16.

CHAPTEK 5.

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

Be it enacted by the Governour, Council and House of Representatives^
That the sum of thirteen hundred pounds be and hereby is granted
unto his most excellent majesty, to be paid out of the public treasury
to his excellency Thomas Pownall, Esq., captain-general and gov-
ernour-in-chief in and over his majesty's province of the Massachu-
setts Ba}-, to enable him to carry on the affairs of government.
[^Passed June 15 ; published June 16.

CHAPTEK 6.

AN ACT IN ADDITIGN TO THE SEVERAL ACTS FOR THE BETTER REGU-
LATING THE INDIANS.

Whereas the act of this government, intituled " An Act in addi-
tion to the several acts for the better regulating the Indians," is near Preamble,
expiring, and as said act has proved very beneficial to the Indians, and i"53-54, chap. 6.
a further regulation is also necessary, —

Be it enacted by the Governoliilr, Council and House of Represent-
atives,

[Sect. 1.] That there be three proper persons appointed for the Three proper
future by this court, near to every Indian plantation in this province, appo°inted as"
guardians to the said Indians in their respective plantations, who are Buardians to the
hereby impowercd, from and after the [23] [twenty-third'] day of June, rcepecfivepia^'.'
A. D. 1758, to lake into their hands the said Indians lands, and allot to ^^'o"*"-
the several Indians of the several plantations such parts of the said
lands and meadows as shall be sufficient for their particular improve-

164

PROvmcE Laws. — 1758-59.

[Chap. 6. J

Proviso.

IiiillnnH prohib-
llcd lonsini; or
Hi'lliiig lands,
&c.

No action to be
brouKht ngaliist
nny liidl.iii fur
debt, unless.

1700-1, chap. P.

Onardlnni to
k'l'p a fiilr aOi
count, 8(0.

IJroltatloD.

ment from time to time during the continuance of tliis act ; and the
rciuaiiuk-r, if any there be, sliali be let out b}- the guardians of the said
respective jjlantations to suitable persons for a term not exceeding the
continuance of this act.

[Sect. 2.] And such part of the income thereof as is necessary
shall be applied for the support of such of the proprietors in their
respective plantations as may be sick or unable to support themselves;
and the surplusage thereof, if any there be, shall be distributed amongst
thera according to their respective rights or interest, for providing neces-
saries for themselves and families and for the payment of their just
debts, at the discretion of their said guardians ; and that the respective
guardians aforesaid be hereby impowered and enabled, in their own
names, and in their capacities as guardians, to bring forward and main-
tain any action or actions for anj^ trespass or trespasses that may be
committed on the said Indian land ; and that any libert}- or pretended
liberty obtained from any Indian or Indians for cutting off any timber,
wood or hay, milking pine-trees, carrying off any ore or grain, or plant-
ing or improving said lands, shall not be any bar to said guardians in
thi'ir said action or actions : provided^ that nothing in this act shall be
understood to bar any i)erson or persons from letting creatures run
upon the said Indians' unimproved lands that lie common and contigu-
ous to other towns or proprietors.

And be it furllier enacted,

[Sect. 3.] Tiiat from and after the [23] [^tioenty-third'] day of June
aforesaid, no Indian or Indians shall sell or lease out to any other
Indian or Indians any of his or her lands without the consent of the
guardians, or a major part of the guardians, of the Indians of the plant-
ation w!i(M-cin such lands do lye ; and all sales or leases of land for any
term or terms of years that shall, at any time hereafter during the con-
tinuance of this act, be made by any Indian or Indians to any other
Indian or Indians, sliall lie utterly void and of none effect, unless the
same be made by and with the licen[s][c]e of the respective guardians
as aforesaid.

And be it farther endcted,

[Skct. 4.] That no action shall be brought against any of the said
Indians for any del)t hereafter to be by them contracted with any Eng-
lish persons for any sum whatsover, unless the same be first examined
and allowed by the court of general sessions of the peace for the
county whore such Indian or Indians live, or the respective guardians
of such plantations wiiere such Indian or Indians live, except special-
ties approbated according to the law of this province made in tiie fourth
and fifth year of the reign of his majesty King George the First, in-
tituled''An Act in addition to the act for preventing abuses to the
Indians," made in the twelfth year of King William.

And be it further enacted,

[Sect, f).] That the several guardians aforesaid shall keep a fair
account of their proceedings in the abovesaid affair, to be by them laid
before the general court from year to year, b}' said court to be adjusted
and allowed of.

[Sect. 6.] This act to continue and be in force for the sp.ice of
three years from said [23] [^twrn()/-third] day of June, and from thence
to the end of the next session of the general court, and no lunger.
[^Passed June 15 ; published June 16.

[2d Sess.] Pkovince Laws.— 1758-59. 165

ACTS

Passed at the Session begun and held at Boston,
ON the Fourth day of October, A. D. 1758.

CHAPTER 7.

AN ACT FOR ALTERING THE TIMES APPOINTED FOR HOLDING THE
COURTS OF GENERAL SESSIONS OF THE PEACE AND INFERIOUR
COURTS OF COMMON PLEAS AT PLYMOUTH, WITHIN AND FOR THE
COUNTY OF PLYMOUTH.

Whereas the times appointed by law for holding the courts of gen- Preamble.
eral sessions of tlie peace and inferiour courts of common pleas at lyjl^^' ^^3^' |^
Plymouth, within and for the county of Plymouth, is found to be incon-
venient,—

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

[Sect. 1.1 That the times for holding the said courts of general Time of inferior

"-. ^-f, J.J.. ii> 1 J. -r>i courts sittiiis; in

sessions of the peace and inferiour courts of common pleas at Plym- Plymouth for
outh, for the county of Plymouth, shall henceforth be on the first Tues- ^piy^^^'ilf °^
daj' of January, April, Jul}^ and October annually ; and all olRcers and altered,
other persons concerned are required to conform themselves accordingl}'.

And be it further enacted,

[Sect. 2.] That all writs, suits, plaints, processes, appeals, recog- Aii matters de.
nizances, warrants, or other matters or things whatsoever, which now courts' contfn-
are, or at any time before the said first Tuesday of January shall be '^^'^•
issued, taken or depending in the said county of Plymouth, which were
to have been returned or proceeded on at the time heretofore appointed
b}' law for holding the said courts at Plj-mouth, shall be valid and stand
good to all intents and purposes in the law, and shall be returned and
proceeded on at the times appointed b}^ this act for holding the same.
{^Passed October 14.

CHAPTER 8.

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

Be it enacted by the Govemo\jc]r, Council and House of Represent- 1757^, chap. 2&.
atives,

[Sect. 1.] That when and so often as, during the continuance of Regular forces
this act, it shall be judged necessary for the defence of his majesty's |^rou?Miie
dominions, or for carrying on measures against his enemies, that any province to be
of his majesty's regular forces should march through any of the towns quarters, &c.

1(36 Provinoe Laws. — 1758-59. [Chap. 9.]

•

or districts within this province, every taverner or innholder within such

town or district within this province shall receive and entertain within

their respective houses and outhouses, as many of such forces as can

therein be received and accommodated ; and if such forces shall not be

provided with victuals, every such taverner or innholder shall furnish

tliera with diet and small beer, payment or allowance to be made there-

R«tc«ofqnar. for as follows ; viz^'^., for one commission officer of foot under the

^*'"- dcree of a captain, for his diet and small beer, per diem, one shilling

sterlinji. and for each foot soldier['s] diet and small beer, sixpence

sterling per diem, and so in proportion for part of a day.

And be it further enacted,

Complaint made [Sect. 2.] Tliat upou Complaint made to any justice of the peace for

crnerinn^o^d!" ^"X o^ ^''<^ couutics in this provincc, respectively, that any taverner or

CT, &c. innholder doth refuse to receive and entertain any of his majesty's

forces as aforesaid, such justice shall forthwith make enquiry into the

grounds of such comjilaint, and shall thereupon, within two hours,

determine and order how man\' of such forces shall be received into the

house or outhouses of such taverner or innholder, and how many shall

Penalty. bc funiishcd with diet and small beer ; and ever}- taverner or innholder

refusing or neglecting to receive and entertain such and so many of the

forces, shall for each offence forfeit and pay the sum of ten pounds

sterling.

And be it further enacted,
^o'T-kf^fUi [Sect. 3.] That when and so often as, during the continuance of
ciiiiu-ii to ail. this act, any of his majesty's regular forces shall, for the defence of his
ii'l'nnniJirquar- dominious, or for prosecuting measures against his majesty's enemies,
t.TH for his inaj. 1)0 onlcrcd iiito any town or towns within this province, it shall and
aiiytLwur* " Ilia}- bc lawful for the governo[?t]r, with the advice of the council, to
appoint, authorize or irapower an}' person or persons to agree for and
take up such and so man}' houses and buildings in or near such town
or towns as shall be judged sufficient and necessar}', together with the
barracks already provided at Castle "William, to receive and accommo-
date tlie whole number of forces that nia}' be so ordered ; or if need be,
to impress so many uninhaliited tenements in or near such town or
towns as shall be necessary as aforesaid, and also to provide such bar-
rack utensils and necessaries as shall be judged reasonable, the charge
thereof to l)e advanced and paid out of the public [k] treasury, and an
account thereof to he transmitted to the general of his majest3''s forces
for a reimbursement, or to the agent of the province in England, in
order to his solliciting the repayment of the same.
Limitation. [Skct. 4.] This act to be and continue in force from the thirteenth

day of Octol)or instant, to the last day of March, one thousand seven
hundred and fifty-nine, and no longer. l_Passed October 12; published
October 14.

CHAPTER 9.

AN ACT IN FURTHER ADDITION TO THE SEVERAL ACTS OF THIS PROV-
INCE FOR THE REGULATING THE MILITIA.

rrcambio. WiiKUKAS by law the captain or chief officer of each military foot

1757 w. chap. 18, rompaiiv, and also of each troop of horse within this provincc arc
ol)lig('d to instruct and employ their respective companies and troops
in military exercises on the last Monday of this instant October, and
the Tucsd.'iy following the same Monday; and a great number of the
BoldiiTH being gone into the war, and probably will not be returned
before said days, —

[2d Sess.] Province Laws.— 1758-59. 1G7

Be it tJierefore enacted by the Govemo[^u]r, Council and House of Rep-
resentatives,

That no captain or chief officer of an}* foot company or troop of captains or
horse sliall be held and obliged to call together, instruct or employ his u'l^mUH\a"x°^
company or troop in military exercises on the last Monday of this instant empted from
October or on the Tuesday following saia Monday, and no foot soldier ^mp^i'^J''*''
nor trooper sluillbo liable to any penalty for not appearing in arras on
either of those days, respectively. [^Passed and published October 14.

Ifjg Pkovince Laws. — 1758-59. [Chap. 10.]

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-ninth day of December, A. D.
1758.

I'xcciitton
VJ Mosa., 531

CHAPTEE 10.

AN ACT TO ENABLE CREDITORS TO REC[IE][£Z]VE THEIR JUST DEBTS
OUT OF THE EFFECTS OF THEIR ABSENT OR ABSCONDING DEBTORS.

Preamble. FoR the better preventing of frauds and deceit, too often designed

i74''-49. chap. «. ^nd practiccd by ill-minded debtors, in betrusting and depositing their
uMaas?, fw. " goods and effects in the hands of others with intent to reserve and
secure them to their own use and defeat their creditors of their just
dues, absconding or withdrawing themselves out of this i)rovince, or
not being within this province or to be come at, and their goods and
effects concealed so as they cannot be attached and made liable to the
payment of their creditors by the ordinary process of law, —

i> it enacted bf/the Governoiir, Council and House of Representatives,
Ooodd nnd cf. [Sect. 1.] That it shall and may be lawful for any person [i][e]n-

^i'ir\hf,t",re'u)'be titled to any action of debt, detinue, account, covenant or case, in
nttuciicj. trover, indehitatas assnmsit, or on express contract against any person

la Majm., 323. :il)sconding or absent out of this province, to cause the goods and estate '

<.f such absconding or absent person to be attached, in whose hands or
Ami mibjcct to possossioH socvcr the same are or may be found ; and the attaching of
any part thereof shall secure and make the whole that is in such per-
son's hands liable in the law to respond the judgment to be recovered
upon such process, if so much there be, and no further, and shall be
subjected to 1)0 taken in execution for satisfaction thereof, or so far as
the value thereof will extend, and the person in whose hands the^' are
shall expose them accordingly.
^\)hI be it further cnctcted,
A(rrnt,fcc.,ofnn [Skct. 2.] That where no goods or effects of such absent or abscond-

nlinctit debtor to . "- • ,i i i . i •

be Ktimmom-d to Hig pcrsou Ml tuo liauds ot his attorney, factor, agent or trustee sliail
circcunp^ar"" ^"' t'>^l'Osed to view or can be come at so as to be attached, it shall and
ni:iy be lawful [1] to and for any person [i][r]ntitled to any of the
aforesaid actions to file a declaration against sucli absent or absconding
person in the clerk's ollice of the inferiour court of common pleas in the
same county where sucli factor, agent or trustee lives, therein particu-
laily setting forth his debt and damage, how and for what cause it
arises, an<l to caiiso the attorney, factor, agent or trustee of such absent
or absconding person to be served with a summon [.s-] out of the oflice,
annexed to the said declaration, fourteen days before the sitting of the
tolU! hlld"'°'*°" court, for hi.s appearance at such court ; whieh, being duly served, and
return tiiereof made under the ollicer's hand, shall i)e sullicient in the
law to bring forward a tr[y][/]:d without other or further summons,
imless the |)rincipal be an" inhabitant or hath for some time had his
residence within this province, in which case a like summous, with an

[3d Sess.] Province Laws.— 1758-59. 169

attested copj' of the declaration annexed, shall also be left at his dwell-
ing-house, lodging or place of his last and usual abode fourteen days
before the sitting of the court ; and such attorney, factor, agent or
trustee, upon his desire, shall be admitted to defend the suit on behalf
of his principal throughout the course of the law, and an imparlance Twoimparian.
shall be granted of course at two terms successively, that he may have cos to be grant-
[rn?] oi)portni)ity tonotifv his principal thereof, and at the thinl term,
without special matter alledged and allowed in bar, abatement or further
continuance, the cause shall peremptoril}- come to tr[y][i]al, and if
judgment be rendered for the plaintif[/], all the goods, effects or credits Goods in snch
of such absent or absconding person in the hands of such attorney, Bubjoct'to"e'lV
factor, agent or trustee, which were in his hands at the time of his cutsononajudg.
being served with the summons and declaration aforesaid, to tlic value
of such judgment, if so much there be, shall be liable and subjected to
the execution granted upon such judgment for or towards satisfying
the same, and, from the time of serving the summons as aforesaid, shall
be liable and secured in the law in his hands to answer the same, and
maj' not be otherwise disposed of or converted.

Provided, nevertheless, —

And be it enacted,

[Sect. 3.] That if upon summons being served as aforesaid, the Proviso,
supposed attorney, factor, agent or trustee shall come into court at the
first term and declare that he had not in his hands at the time of the
service of such summons, any goods, effects or credits whatsoever of
the absent or absconding person, and shall submit to an examination
upon oath respecting the same ; and if upon such examination it shall
appear to the satisfaction of the justices of the court that he had not
any goods, effects or credits whatsoever of the absent or absconding
person in his hands at the time of his being summoned as aforesaid,
then in every such case the plaintif[/J shall become nonsuit, and shall
pay to him who was summoned as attorne}-, factor, agent or trustee his
reasonable costs, to be taxed in common form by the justices of the
court.

And be it further enacted,

[Sect. 4.] That if any attorne}-, factor, agent or trustee, being Agents not ap-
scrved with summons and declaration as aforesaid, shall not appear at flrst"te?m! &c!,
the first term, and then either acknowledge himself to have had in his ''•■'t)ie to pay
hands some goods, effects or credits of the absent or absconding per-
son at the time of the service aforesaid, and thereupon pray that he
ma}' be admitted to defend the action, or otherwise submit himself to
an examination upon oath as aforesaid, he shall be liable to pay to the
pla[t]ntif[/] all such costs as shall arise upon his suit, to be taxed by
the justices of the court before which the action shall be brought.

And be it further enacted,

[Sect. 5.] That in case any attorney', factor, agent or trustee, from Execution to be
and after the time of his being served with summons and declaration as p'Vopcr'goods"''''
aforesaid against his principal, being an absent or absconding person, and estate in
shall transfer, remit, dispose of or convert an}' of the goods, effects or ^ '
credits of such absent or absconding person in his hands at the time of
such service, so that there shall not be sulTicient to satisfy the judgment,
the debt being afterwards ascertained by judgment of court, or that
shall not discover, expose and subject the goods, effects or credits of
such absent or absconding person[s] in his hands to be taken in execu-
tion for or towards the satisfaction of the judgment so far as what were
in his hands at the time of said service will extend, shall be liable to
satisfy the same of his own proper goods and estate, and as of his own
debt ; and a writ of scire facias may be taken out of the same court
and served upon him as the law directs, to appear and shew cause, if

170

Peovince Laws.— 1758-59. [Chap. 11.]

any he have, to the contrar}', where, upon default of appearance or
Agent to be put refusal to disclose upon his oath, which oath the justices of such court
onoaih. jj^g iinpowered to administer, what goods, effects or credits of the

absent (^r absconding person are in his Bands, and to what value, then
judgment shall be entred up against him of his own proper* goods and
estate, and execution be awarded accordingly.

Provided, nevertheless, —

And he it enacted,
ProTiso. [Sect. 6.] That if it shall appear that the attorney, factor, agent or

trustee so summoned as aforesaid, and having in his hands at the time
of such summons any goods, effects or credits of the absent or abscond-
ing person, hath not an}' waj-s remitted, disposed of or any wa3-s con-
verted the same after the summons being served on him as aforesaid ;
but that he hath discovered, exposed and subjected them to be taken in
execution to satisfy, the judgment recovered against the absent or
absconding person as aforesaid, then the party who commenced the
suit shall pay such attorne}', agent, factor or trustee his reasonable
costs, to be taxed in common form by the justices of the court from
which the scire facias issued as aforesaid.

And be it further enacted,

[Shot. 7.] That the goods, effects or credits of any absent or
absconding person so taken as aforesaid by process and judgment of
law out of the hands of his attorney, factor, agent or trustee by any of
his creditors, shall fully acquit and forever discharge such attorne}',
factor, agent or trustee, his executors or administrators, of, from and
against all actions and suits, damages, payments and demands whatso-
ever, to be asked, commenced, had, claimed or brought by his principal,
his executors or administrators, of and for the same ; and if any attor-
ney, factor, agent or trustee shall be molested, troubled or sued by his
principal for anything b}^ him done in pursuance of this act, he may
plead the general issue and give this act in evidence.

Provided, nevertheless, —

[Shot. 8.] That any absconding or absent person against whom
judgment sliall be recovered as aforesaid, shall be [i][e]ntitled to a
review of the same at any time within three years after such recovery.
IPassed February 13 ; published February 14, 1759.

Aifont to be «c-
qiiiltcil and dla.
charged.

PtotIbo.

CHAPTER 11.

^cwnbta.

AN ACT TO CONFIRM AND RENDER EFFECTUAL AN AGREEMENT BE-
TWEEN SUNDRY PERSONS CLAIMING PROPERTY AND INTEREST IN
THE COMMON AND UNDIVIDED LANDS IN A NECK OF LAND IN FRAM-
INGIIAM, IN THE COUNTY OF MIDDLESEX.

WiiEUKAs .John Tike, Joseph Bixbee, Samuel Lamb, Timothy Pike,
Joseph Hixbco, Jun'., lienjamin Barnard, Samuel Frost, Richard Mel-
liii, Isaac Kisk, [arorf/r*] Walkup, Benjamin Whitney, Mark Whitney,
Daniel Haven, Nathan Carter, Al>raham Pike, Josepii Buekminster,
Kh(|'''., Joseph Haven, Ks(|''i., John Fanar, Moses Pike, Daniel Stone,
Thomas Brown, Noah Katon, Peter Jenison, Thomas Winch, Jun'.,
Davifl Haven. J.-iiin-* ll.-nen. Isaac Haven. J()se))h Cozens, Silvanus
Hemingway, Ralpli Hemingway, Thomas Winch, James Haven, Jun'.,
Kbcnezer Hemingway, John Winch, Sfjuier Haven, Micah Gibbs, Ben-
onl Prat, Ebenezer Hagar, Ezekiel How, Jonathan Edmonds, David

* Parchment matilated by mice.

[3dSess.] Province Laws.— 1758-59. 171

How, Jim'., Epbraim Power, Jeremiah Pike, Amos Darling, Amos
Gates, Jonathan Barrett, Elias Whitnc}', James Mellin, William Bal-
lard, Jonathan Maynanl, Joseph Eames, Nathaniel Eames, John Bruce,
Ebenezer Boutwell, Benjamin Haven, John Nurse, Jonathan Heming-
way, John Haven, Benjamin Nurse, Joseph Hemingway, Jeremiah
Belknap, Aaron Pike, Josiah Stone, Ebenezer Singletar^v, John John-
son, Martha Goddard, George Ca[nieZ*], William Pike, William Pike,
Jun'., Elkanah Haven, persons who claim or have claimed property
and interest in the common lands on a neck of land in Framingham,
have represented to tliis court that, in consequence of a division made
of said commons in pursuance of a vote of the proprietors, many dis-
putes and two lawsuits have arisen between divers of them ; that, for
an amicable terminntioii of all suits and disjiutes touching the premisses,
they have entred into an agreement, dated Framingham, September the
eighth, one thousand seven hundred and fifty-eight, an attested copy
whereof has been laid before this court, which agreement hath been
also ratified by vote of the proprietors in a legal proprietors' meeting ;
but inasmuch as some of the claims and disputes intended to be set-
[<]led by said agreement are of such kind as that it is doubtfuI[l] whether
the same can be legally set [^] led and made binding according to the
true intent of the parties b}' all that hath been done or can be done by
any deeds of agreement, especiall}' as some of the proprietors are
minors, and such doubt and danger must greatlv interrupt the quiet of
the concerned, and hinder the improvement of the lands aforesaid, to
the great damage of the said town of Framingham ; and have there-
upon prayed, that by a private act the agreement aforesaid, mutually
entered into b}' the persons aforesaid, might be ratified and established,
so as to operate according to the true intent thereof. And it beino"
evident that if said agreement was rendered effectual and carried into
execution, it would prevent man}^ lawsuits and promote the general
good of the interested in said common land[s], —

Be it enacted by the Governo[_u']r, Council and House of Representa-
tives,

[Sect. 1.] That said agreement be and hereby is established and Proprietom*
ratified ; that an exact survey be taken of all the lands in the neck sfme^&c ~'*'
aforesaid, held under Joseph Buckminster, Esq"^""^., deceased, at the charge
of those who hold the same, by a surve3-or and chainmen mutually
chosen by the possessor of those lands and the proprietors of the com-
mon lands on the neck aforesaid ; and in want thereof, b}'- a committee
of three persons to be appointed by the justices of the inferiour court
of common pleas for the county of Middlesex.

[Sect. 2.] That all persons holding lands on the neck aforesaid,
under any grants made by the said Buckminster, be quieted in the pos-
session of so much thereof, and no more, than the number of acres
expres[sjl3' mentioned in their original grants ; save only that fifty acres
are allowed to the owners of the six hundred acres first granted by the
said Buckminster on the neck aforesaid, by equal average.

[Sect. 3.] That if it shall appear that the said Buckminster was
not [i][e]ntitled to those six hundred acres, and the same should here-
after in consequence thereof be recovered and set out in any part of
the neck aforesaid now lying in common, the then proprietors of the
common lands on the neck aforesaid who shall be so evicted, may demand
and recover six hundred acres of the land aforesaid granted b}' the said
Buckminster, or the value of the lands evicted, and the same land shall
be chargeable accordingly ; anything herein to the contrary notwitb-
standing.

* Parchment mntilated \>j mice.

172 Pkovince Laws. — 1758-59. [Chap. 11.]

[Sect. 4.] That if, upon the survey aforesaid, it appears that any
person holds more lands on the neck aforesaid under the said Buck-
minster his heirs or assigns, than the number of acres expressly men-
tioned in the said Buckminster's original grant, such person shall either
8et[t] the same off in a regular form in one [i][e]ntire peice, and
resif^n the same to the proprietors aforesaid, or pay them the value
thereof, exclusive of the improvements made thereon, upon an appraise-
ment made by three persons mutually chosen and appointed by him
and the proprietors aforesaid ; and in want thereof, by a committee of
three persons to be appointed by the justices of the inferio[?i]r court
of common pleas for the county of Middlesex.
Joseph Btick- [SiXT. 5.] That Joseph Buckminster of Framingham, Esqi^'^, re-

!?."reiPi^c^2" lease to the proprietors of the common lands aforesaid on the neck, all
riKiii in said ^^^^ right and interest that he now hath in the neck aforesaid, and the

sameTs rcmi[s][«]ed to them accordingly.
DivisioM into [Sect. C] That the division of the lands on the neck aforesaid into

lou confirmed, j^^^^^ made by the proprietors aforesaid, be confirmed, and that the
residue of the lands there belonging to the proprietors, be laid out into
such lot[t]s as may best accom[//;]odate the proposed division,
r.rantsmmicby [Sect. 7.] That the grauts heretofore made by the proprietors
iM-n^iofori^co" aforesaid of lot[t]s number fifteen and number sixteen in the rivor
crinud, &c. range to Joseph Haven, Esq^'^, and also the two fifteen acre lot [t]s
sold by said proprietors' committee to Benjamin Buruap, Jun'., be and
hereby are confirmed to them and their heirs ; and that all the other
draughts of lot[t]s made by the aforesaid proprietors be void and of
no effect ; and that there be a new draught of all the lots, except the
four lut[t]s aforesaid.
Owners of lands [Sect. 8.] That the owncrs of all the lands in Framingham leased
TbomaH 'nan. bv Tliouias Danforth, Esq^^'^., deceased, be considered as proprietors of
f'.'|[|i'. K-'T .con- ^|",c common lands on the neck aforesaid ; that each proprietor subscrib-
p'riI'torg"&c.'^°" ing to said agreement draw a share thereof in proportion to the number
of acres mentioned in the original title deed or the quantity found by
a survey made at his own cost, at his own election ; and the six hun-
dred acres aforesaid, and also the six hundred acres adjo[y][?']ning to
Sudlnny line, containing Nobscot and Doeskin Hill, mentioned in said
Danforih's lease to the aforesaid Joseph Buckminster, Esqf^'^,, deceased,
shall also draw an equal share with the other lands, and such draughts
shall be and remain to and for the use of the person or persons to
whom the same belongs; but the other lands on the neck aforesaid,
conveyed by the said Joseph Buckminster, Esq"^'^., dece[ase]d, shall
not draw any share in tlie division of tiie connnons aforesaid.
ciinrRos already [Sect. 9.] That the cliargcs already incurred in bringing forward
nrj«.n how to bo mji^ij^iou ^^j- ^i,p commons aforesaid, and the grants heretofore made
by the proprietors to reimburse those charges, be allowed and paid by
the whole i)ropriety.
piiiputobp- [Sect. 10.] That nothing in the foregoing shall be construed to

iJlirki'iilMUuT affect the dispute that is or may be between Joseph Buckminster,
?ir'i..!i"'"^Ki. n ^'^^'l^'^-' ""^^ Francis Brindley, Esqi'3.^ vvho shall be [i][c]ntitled to the
ni.iiobp'ftirfc^ share or proportion of the commons that the lands sola by the same
"'• Buckminster and others to the saiil Brindley shall draw ; and if that

dispute shall be finally set[;]led in favour of the said Buckminster, so
that ho sliould hold such draughts, then the said Buckminster shall
allow for the twenty .acres sold to James Newton, otherwise, that the
paid Newton shall liohl his measure, anything herein to the contrary
nr)twithstanding.
Aiiowniirr lo be [Skct. 11.] That the scvcral clauses of this act shall operate ac-
Hilrkmrnlirr**' cordlug to llie truc iutcut of said agreement : ami that all proprietors
Kaq., In eoao. in coiuiuon in said lands and persons claiming right with them, or to

[3d Sess.] Province Laws.— 1758-59. 17:^)

any share of commonage therein, their heirs and assigns, shall and Operation of twi
hereby are bound by the settlement aforesaid as established by this '"^''
act, and according to the true intent and moaning thereof, any legal
incapacity of any such proprietor or claimant, and an}' defect in the ex-
ecuting said agreement or proceedings in such proprietary meetings not-
withstanding. [Passed February 13 ; imhlished February 14, 1759.

CHAPTEK 12.

AN ACT FOR ERECTING THE SECOND PRECINCT IN THE TOWN OF HAD-
LEY, IN THE COUNTY OF HAMPSHIRE, INTO A DISTRICT, BY THE
. NAME OF AMHERST.

Whereas the inhabitants of the second precinct in the town of Had- Preamble,
le}-, in the count}' of Hampshire, have petitioned this court, setting
forth sundiy difficulties they labour under b}' means of their not being
a district, and praying they may be so erected, —

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

[Sect. 1.] That the said second precinct in Hadley, according to Second precinct
its present known bounds, be and hereby is erected into a sep[a][e]rate ed Into a^sep^'*
and distinct district by the name of Amherst ; and that the inhabitants rate district.
thereof do the duties that are required, and enjoy all privileges that
towns do or b}' law ought to enjoy in this province, that of sending a
representative to the general assembl}' only excepted ; and that the in-
habitants of said district shall have full right to join with the inhab-
itants of the said town of Hadley in electing a representative annually,
"and shall be notified of the time and place of election with the inhab-
itants of the said town of Hadley, by a warrant from the selectmen
of Hadley directed to the constable of said district, requiring him to
warn the inhabitants of said district to attend the meeting for that pur-
pose at the time and place by them assigned, which warrant shall be
seasonably returned by said constable ; and the representative may be Powers thereof,
chosen indifferenth' out of said town or either of the districts, his pay
and allowance to be born b}' the town of Hadley and the said districts,
in tlie proportion that the}' respectively pay to the province tax.

And be it further enacted,

[Sect. 2.] That Isaac Ward, Reuben Ingraham, Phillip Ingraham, Persons ana cs.
Isaac Hubbard, and Edward Elmor, and their respective estates lying 8?iid^di"trict?' '*
within the bounds of the tract of seventeen hundred and seventy-seven
acres petitioned for, and adjoining to the said second precinct line, be
and hereby are annexed to the said district, there to enjoy privilege and
do duty.

And be it further enacted,

[Sect. 3.] That Timothy Dwight, Esq^'^., be and hereby is directed Power for can.
and impowered to issue his warrant, directed to some principal inhab- *"&a™°eting.
itant within said district, requiring hiin to warn the inhabitants of said
district qualified to vote in town aflairs, to assemble at some suitable
time and place to choose such officers as are necessary to manage the
aflairs of said district: provided, nevertheless, the inhabitants of said Proviso,
district shall pay their proportionable part of all such town, county,
and province charges as are already assessed in like manner as tho*
this act had not been made. [Passed February 13 ; published February
14, 1759.

174

Province Laws.— 1758-59. [Chaps. 13, 14.]

CHAPTER 13

Prcamblo.

Wcdt wing of
Uiitlnnd tiiror-
poniU'd as a
precinct.

Power to roako
aasessmentg.

Power for cnlU
Ing a meeting.

AN ACT FOR INCORPORATING THE INHABITANTS OF THE WEST WING
OF RUTLAND, IN THE COUNTY OF WORCESTER, INTO A PRECINCT.

Whereas the inhabitants of the "West Wing of Rutland, in the
county of Worcester, have represented to this court the great difficul-
ties and inconvenienc[t]es the}' labour under in their present situation,
and have carnestl}- requested that they may be incorporated into a pre-
cinct ; therefore, —

Be it enacted hy the Governolii^r, Council and House of Represent-
atives,

[Sect. 1.] That the inhabitants of that tract of land in the town of
Rutland, in the county of Worcester, called the West Wing, be, and
thoy hereby are, incorporated as a precinct, and shall have and enjoy
all the rights, priviledges and immunities which by law precincts have
heretofore been vested with ; and that the said inhabitants, or the major
part, be, and they hereby are, author! [s] [2;] ed and enabled to elect,
appoint and pay a schoolmaster for the instruction and education of the
children of the said inhabitants, as also to elect, appoint and pa}' a
surveyor or surveyors of the highways within said precinct.

And be it further enacted,

[Sect. 2.] That the said inhabitants, or the major part of them, be,
and they hereby are, authori[s][2;]ed and impowered to assess the in-
habitants of the said West Wing in such sum or sums of money as
they or tlie major part of them shall deem sufficient to defrey all the
charges and exi)ences of the said precinct.

And be it further enacted,
• [Sect. 3.] That John Murray, Esq., be, and he hereby is, impowered
to issue his warrant to some principal inhabitant of the said precinct,
rc(|uiring him, in his majesty's name, to warn and notify the said in-
lial)itants to meet together at such time and place in said precinct as by
said warrant shall be appointed, to choose such officers as may be
necessary to manage tlie alfairs of said precinct. And the inhabitants
being so met, shall be, and hereby are, impowered to choose precinct
oflicers accordingly. [^Passed February 13 ; published February 14,
1759.

CHAPTER 14.

AN ACT TO PREVENT A MULTIPLICITY OF LAWSUITS.

rrcurabio. WiiEKKAS of latc it hath been the practi[s][c]e of some of the

iTwi'^ cUp.'^6.' f*''*'''"^^i undt-rsherids, or their deputies, witliin this pi'ovince, to receive
from some of the justices of tlic peace and the clei'ks of the courts
within tlie respective counties blank writ[t]s, and then fill tliem up
and serve them, and sometimes appear by virtue of a power of attorney
to puisue the same ; wliich practice has a tendency veiy much to in-
crease the nuinbt-r of lawsuits, and to a partial administration of jus-
tice ; for remedy wliereof, —

/](' j7 enacted by the Governour, Council and House of Representatives,
^.l\'x'7»LlT' [•"'ECT. 1.] That no sheriir, un(ii'rsli('r[r]itr, or deputy sheriff within
nil any writ or this province, from and after the tenth day of February, 1759, shall
mVimwo ',"'.''' P'l'S'iiiit' to draw or lill up any wril[t] for any matter or'thing whatso-
crpun certain cvOT, triable before any of his majesty's justices of the peace or courts

[3d Sess.] Province Laws.— 1758-59. 175

of record within this province, or be an}' ways of advice or assistance
therein, unless in cases where he or they arc concerned as plaintiff;
and in case it appears to the justice or court to whom such writ is
returned, that any writ was so drawn or filled up as aforesaid, such jus-
tice or court shall dismiss the same and allow costs for the defendant.

A7ul be it further enacted,

[Sect. 2.] That no appearance of any sheriff, liis undersheriff or No sheriff, &c.,
deputy, before an}' justice of the peace or court of record, by virtue of a'uol'nuy.'^&c.''"
a power of attorney, shall be allowed good to any intent or purpose
whatsoever, in the county where he is an officer, except where the party
giving the power lives out of the province, and in this case his appear-
ance shall not be allowed if he filled the writ. [^Passed February 13,
1759.

CHAPTER 15.

Be it enacted by the Governonr, Council and House of Representatives,
[Sect, 1.] That when and so often as during the continuance of Recruiting offl.
this act application shall be made by an}' recruiting officer or officers in uo"!^ to haw ''^'**
any of the troops that are or may be employed in his majesty's service quarters provid.
for the protection and defence of his majesty's colonies upon the con- monforTn^dcl*^'"
tinent of North America, to any of the selectmen of any town or dis- f=>uit or absence
trict within this province, or in the default or absence from the respect- by a justice of
ive towns and districts of any selectmen, to any one justice of the mn,nrhous"s,
peace for the county, inhabiting in or near such town or district, such who are to fur-
selectmen or such justice are hereb}- required to quarter and billet such diet", &c.™ ^''^
recruiting officers, and such recruits in his majest3''s service, in any of
the publick houses within such town or district licenced for the selling
within doors wine, rum or other strong liquors by retail ; and the offi-
cers and soldiers so quartered and billeted as aforesaid shall be received
and furnished with diet and small beer by the occupiers of such licenced
houses in which they may be quartered and billeted, payment and allow-
ance to be made therefor by such recruiting officers as shall demand
quarters as follows; viz''^., for one commission officer of foot, under Rates for buiet.
the degree of a captain, for his diet and small beer, per diem, one shil- *"^' ^'^'
ling sterling, and so in proportion for part of a day ; and if such officer
shall have an horse or horses, for each such horse or horses, for their
hay, per diem, sixpence sterling, and for each foot soldier and each
recruit his diet and small beer, fourpence sterling per diem, and so in
proportion for part of a da}'.

[Sect. 2.] And in case there should be any house or houses already Soldiers maybe
taken up in any town or towns and suitably furnished with barrack anlmi^es'tau™
utensils and necessaries to accommodate his majesty's troops, agree- "pf^r^'^'^'P"''-
able to an act passed in the tliirty-first*year of his majesty's reign, p°^*^ ""^"*''-
[e][i]ntituled " An Act providing for the reception and accommodation i758-59,chap. 8,
of his majesty's forces within this province," that in this case the select- *^*
men or justices of said town or towns, instead of quartering said soldiers
upon the taverners or innljolders of such town or towns, shall accom-
modate them with barrack utensils and other necessaries of billeting at
such house or houses so taken up, anything contained in this act to the
contrary notwithstanding.

* Thirty-second: the act wad passed October 12, 1758.

176

Province Laws.— 1758-59. [Chap. 16.]

Persong ng-
({rievefl, to
wlKicn to apply
nn«l In what way
ami manner tiny
nball be relieved,

Penalty for any
Hploctman or
justice of the
pfaoo rcfiioinif
or neelectiiiK to
quarter oflicers
nnil 8ol(1icr«, or
that eliall re-
ceive a reward,
&c.

Or occtiplor of
any pubilphouHC
who shall refuse
or neglect Ut
quarter ofllccra
aud soldiem.

To bo levied by
dUtremt.

Applied to tbo
charceN of tliu
K'lvernment.
Limiliiliuii.

Provided, also, —

^liid he it further enacted,

[Sect. 3.] That in case any person shall find himself aggrieved in
that any selectin[e][a]n has quartered or billeted in his house a greater
number of soldiers than he ought to bear in proportion to his neighbours,
and shall complain thereof to one or more justice or justices of the
peace for the count}- where such soldiers are qnarter[ed][uigrj, or in
case such soldiers slmll have been quartered by a justice of the peace,
then on complaint made to two or more justices of the peace for the
count}', such justices, respectively shall have and hereby have power to
relieve such person In' ordering such and so man}' of the soldiers to be
removed or quartered upon such other person or persons as the}' shall
see cause ; and such other person or persons so licenced shall be
obliged to receive such soldiers accordingly.

And be it further enacted,

[Skct. 4.] That if any selectman or justice of the peace shall
neglect or refuse for the space of four hours to quarter or billet such
ollicers or soldiers, when thereunto required, in such manner as is by
this act directed, provided sufficient notice be given before the arrival
of any recruiting parties, or shall receive, demand, contract or agree
for any sura or sums of money, or any reward w-hatsoever, for or on
account of excusing or in order to excuse any person or persons what-
soever from quartering or receiving into his, her or their house or
houses any such officer or soldier, or in case any occupier of any pub-
lick licenced house liable by this act to have any officer or soldier bil-
[l]et[i]ed and quartered on him or her, shall refuse to receive and victual
any such officer or soldier so quartered and billeted upon him or her as
aforesaid according to the directions of this act, and shall be thereof
convicted before two justices of the peace for the county where such
offence shall be committed, one of which justices to be of the quorum
either by his or her own confession, or by the oath of one or more cred-
ible witness or witnesses, every person so offending shall forfeit to his
majesty for every such offence the sum of five pounds sterling or any
sum of^ money not exceeding five pounds sterling nor less than forty
shillings sterling, as the said justices before whom the matter shall be
heard shall in their discretion think fit, to be levied by distress and
sale of the goods of the person offending, by warrant under the hands
and seals of the justices before whom such ofl!"endcr shall be convicted,
to be directed to the sheriff of the county, his deputies, or any consta-
l)le of the town where the offender shall dwell, such fine or forfeiture-
to l)e paid into the province treasury and to be applied to the publick
charges of this government.

[Skct. .5.] This act to be and remain in force, from and after the
twcnty-ninlli day of January, one thousand seven hundred and fifty-
nine, to and until the first day of June, one thousand seven hundred
and fiay-nine, and no longer. \^Passed Jannary 17;* published Feb-
ruary 14,-j- 1769.

CHAPTER 16.

AN ACT IN ADDITION TO AN ACT INTITfCriLED "AN ACT TO PREVENT
1 UAUn IN CORD-WOOD EXPOSED TO SALE."

Prcomblp.

1705-0 8 ( ^^'"I'-RKAS in and by an act made and passed in the fourth year of her

1. '^ "P- '» lute majesty Queen Anno, intil[?/]U>d " An Act to prevent fraud iu cord-

• February 1.1, .trcordinp to the record.

t Januury 20, according to the printed iicto.

[3d Sess.] Province Laws.— 1758-59. 177

wood exposed to sale," it is enacted, " that all cord-wood exposed to
sale shall be four feet long, accounting to half the carf ; and the cord,
being well and close laid together, shall measure eight feet in length
and four feet in heig[/i]th." Notwithstanding which, great frauds and
abuses have for several j-ears past, and still are daily committed in
bringing to many towns in this province, and there exposing to sale,
great quantities of firewood, commonly called cord-wood, not more
than three feet or three feet and a half long, whereb}- the inhabitants
of such towns, and especially the poor thereof, arc greatly injured and
defrauded, there being no penaltj- annexed by said law to such persons
as are guilty of the breach thereof; for remedy whereof, and for pre-
ventitg the like abuses for the future, —

Be it enacted by the Governo[ii]r^ Council and House of JRepre-
sentatives,

[Sect. 1.] That if any firewood or wood designed for fewell, com- Admeasure.
monly called cord-wood, which shall be less in length than four feet, wood."'^ ''°''^"
including half the carf as aforesaid, shall, after the first day of Novem-
ber next, be brought b\' water into any towns in this province for sale,
such wood shall be forfeited, two third parts thereof to the use of the Penalty.
poor of the town, and the other third part thereof to the scaler of
wood, who shall seize the same accordinglv.

And be it further enacted,

[Sect. 2.] That in ever}' town or district within this province Selectmen to
where wood is usualh' sold by the cord, the selectmen shall annually, periTnns to'^be
or as occasion shall require, nominate and appoint some meet persons dealers of wood,
to be measurers and sealers of wood, who shall be sworn in like man-
ner as other town officers to the faithful [1] and diligent discharge of
their office, and the selectmen shall from time to time appoint such fees
or allowance for their service as they shall judge reasonable.

And be it further enacted,

[Sect. 3.] That no wharfinger or carter shall, In- himself or any Penalty for cart.
for or under him, cart or carry any firewood or wood commonly used or wfoTuiiM? '"^
intended for fewell from any wharf[/][e] or landing place in any measured,
town in this province, except for the proper use and consumption of
such wharfinger or carter, that shall not be four feet in length, includ-
ing half the carf, and until it hath been first measured by the officer
appointed b}' the selectmen as aforesaid, on penalty of forfeiting and
paying six shillings for every load of wood so carried off, and every
wharfinger shall be chargeable to the officer or person appointed to
measure wood as aforesaid, for his fees, if demanded, and be compelled
by law to pay him the same.

And ivhereas frequent complaints are made that such of the inhab- Preamble,
itants of the town of Boston as are poor, and usually purchase their
firewood and charcoal in small quantities, are greatly defrauded in their
measure, and not having the quantity bought ; for preventing whereof,
and for ascertaining the quantity of wood and charcoal bought,^ —

Be it enacted,

[Sect. 4.] That each cart or sled employed l\v any wharfinger or Carts or sicda to
common carter belonging to the town of Boston, be so marked and numbcVed, &c.
numbered by the sealer of wood on some proper part of such cart or
sled, as that it may thereb}' be seen and known what quantity of wood
such cart or sled will contain and carry, and the mark and number
of each cart or sled shall be registrcd by tiie town clerk of said town ;
and no wharfinger or carter aforesaid shtdl presume to carry anj' wood
unless for his own fire, in any cart or sled that shall not have been so
marked, numbered, and registred, and that shall not have at the time
of such carrying the marks and number remaining visible thereon.

178

PnovixcE Laws. — 1758-59.

[CriAP. 17.]

Proviso.

PcDalty.

AdmcaKurc-
mcnt of bnnketa
fur charcoal.

IVnally.

Proviso.

Bflpclmon to
nppolMl meet
IxTNonH to seize
iti'licieiit baskets
fur measuring
cliarcoal, Ue.

Fines how to bo
rii'iivercd and
applied.

Limitation.

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

[Skct. .0.] That wlien any person purchases a quanlit}" of firewood
for his own hnrnin'j;, and lands it on any wharfe or landing besides a
coinnion wharfinger's, he may employ any cart or carts to carrN* off the
same : snriii^ onJ>i, that such carter shall not carry within the town of
Boston more than six feet at a time, under the penalty of six shillings
for each offence. And no greater quantity than six feet shall within
th(? town of Boston be carried at any one time ; and every person
offending in either of the particulars aforesaid shall forfeit and pay the
sum of six shillings for each offence. And if any dispute shall arise
between t'.ie buyer and seller as to the quantity of wood delivered, and
the quantitv bouglit or agreed for; and if on cording and sealing the
same at the place of delivery, it shall appear there is not the quantity
of wood delivered which was bought or agreed for, the seller shall pay
the buyer the costs of c[ord][<(r<]ing and sealing the wood the second
time, as also the sum of four shillings for each offence.

Aiid be it further emictod,

[Sect. 6.] That all basket[t]s used and improved in measuring
charcoal brought into any town for sale, shall contain two bu.shel[l]s,
and be of the following dimensions; viz'^'^., twenty-one inches in
heighth, and nineteen inches in breadth ; and every person that shall
measure coaJ in any basket of less dimensions, shall forfeit and pay
for each offence the sum of three sliillings, and said basket [t] shall he
destroyed: provided, ncverlheless, that no i)ersons shall be obliged to
measure coal sold, where the quantity shall i)e agreed upon by the buyer
and seller.

And he it further enacted,

[Sect. 7.] That the selectmen of any town where coal is usually
sold, or the major part of them, be and hereby are fully impowered
to appoint, as occasion shall require, such meet person as they shall
judge proper for seizing and securing all basket[t]s imi)roved for meas-
uring coal that are not of the dimensions aforesaid, and prosecute such
person or persons as shall be guilty (^f the breach of this act.

[Skct. 8.] All fines and forfeitures arising on the breach of this act
may be recovered by bill, plaint or information in any court of record
or before any of his majesty's justices of the peace, according to the
nature of the olfence ; one moiety thereof siiall be for the informer,
and the other moiety for tlie use of the poor of the town where the
offence shall be committed.

[Sect. '.).] This act to be iii force for three years from and after the
first day of November next, and to the end of the then next sitting of
the general court, and no longer. [^Passed February 13 ; published
February li, 17.00.

CHAPTER 17.

AN ACT IN I'UIlTHKll ADDITION TO AN ACT INTIT[t7]LED "AN ACT
I'OR EXPLANATION OF AND SUPPLEMENT TO AN ACT IIEFEIUIINO TO
THE POOR," &c.

Prramhlo.

Whereas it .sometimes happens that considerable charges arise to
iTlMs'thr*^' ^"^'"^ towns in this province by moans of tlieir being obliged to take
\uoM.chlu \n *''"'<^ "'' lcw[e]d women at their lying-in witii I)asta:il children, and for

nursing and taking care of such Itaslard children, —

[:)d Sess.]

Province Laws. — 1758-59.

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

[Sect. 1.] That it shall and may be lawful for the selectmen or
overseers of the poor of any town within this province, with the assent
of two justices of the peace, to bind out to service for a term not ex-
ceeding five years, any unmarried woman who shall hereafter be deliv-
ered of a bastard child, and who during her lying-in shall have been
supported, with her child, at the charge of such town, or whose bastard
child shall become a town charge before it arrive at the age of five
years, and who shall be unable or shall refuse to reimburse or procure
the reimbursement of such charge or expencc.

And tohereas there frequently happens in the several counties through
this province man}- failures both on the part of masters and mistresses,
and on the part of indented servants, in the performance of their re-
spective covenants or duties, as expressed in their indentures or deeds
of covenant whereby' said servants are bound, and many injuries may
be committed by masters or mistresses to bound-servants, as well as
b}' such servants to their respective masters and mistresses, which re-
quire a summary and speed}' method of redress, —

Be it further enacted,

[Skct. 2.] That it shall and ma}' be lawful for the courts of gen-
eral sessions of the peace for the respective counties, upon complaint
or representation made by the overseers of the poor or selectmen of
any town in such county, or by the overseers appointed for the county
whcrc any indented, bought, or any way legally bound, servant or ap-
prentice shall not be within any town or district, that any such servant
or apprentice have been abused or evil treated by their masters or mis-
tresses, or that the education of such children in reading or writing and
cyphering, according to the tenor of their indentures, has been unrea-
sonably neglected, to take cognizance of such representation or com-
plaint, and if upon [i] [e] nquiry there shall appear to have been just
cause therefor, such master or mistress shall forfeit a sum not exceed-
ing five pounds, for the use of the poor of the town or district where such
master or mistress shall then be an inhabitant, to be levied by distress
and sale of his or her goods, by warrant to bg issued by order of the
court aforesaid ; and the said court may order such child or children to
be liberated or discharged from their masters or mistresses, and any
male so discharged being under the age of twenty-one years, and any
female under the age of eighteen years, may, by order of such court, be
bound to other persons until they arrive to the age of twenty-one or
eighteen years, respectively ; and if such reprijsentation shall not be
sufficiently supported or proved, the same shall be dismissed ; and no
fee shall be allowed or taken by said court for the entry of such repre-
sentation or complaint, or any process thereon.

And be it further enacted,

[Skct. 3.] That if any apprentice or servant shall elope or desert
the service to which he or she is or shall be bound as aforesaid, and
damage accrue thereby to the master or mistress of such servants, it
shall and may be lawful for the justices of the court of sessions, upon
application made to them, to order satisfaction to be made by such ser-
vant or apprentice, to his or her master or mistress, either by service or
otherwise, as to them shall seem meet : i^rocided, that if any apprentice
or servant shall, during the present war, inlist and actually go into his
majesty's service, he shall not for such inlistment be deemed a deserter
from the service of his master or mistress, nor be held to make satis-
faction as aforesaid.

[Sect. 4.] This act to be and continue in force until the fifteenth
day of February, one thousand seven hundred and sixty-four, and no
longer. {^Passed February 13 ; published February 14, 1759.

Selectmen, Sec,
to bind lewd
woiuen to ser-
vice.

Preamble.

General sessions
empowered to
take coa;nizance
on the coin-
plaints of tliC
oversceis of the
poor or Belect-
men, relating to
the deficiency of
masters and
mistresses to-
wards their
servants.

Penolty.

Sessions' power
of binding ser-
vants after they
have been liber-
ated, Sec.

In case of the
elopement, &c.,
of servants, on
complaint of
tluir niastcix oi
mi.-itri'sti('S, tren-
eral sessions
empowered to
order satisfac-
tion.
Proviso.

Limitation.

180

Province Laws.— 1758-59. [Chap. 18.]

CHAPTEE 18.

AN ACT PROVIDING THAT THE SOLEMN AFFIRMATION OF THE PEO-
PLE CALLED QUAKERS SHALL IN CERTAIN CASES, BE ACCEPTED IN-
STEAD OF AN OATH IN THE USUAL FORM.

WuicuEAS Ibe people called Quakers profess to be, in their con-
sciences, scrupulous of taking an oath in the form b}- law required, —
1T47-JS, chap. 6. Be it therefore enacted by the Governo[^u^r, Council and House of
Representatives^

[Skct. 1.] That from and after the tenth da}' of February, one
thousand seven hundred and fifty-nine, every Quaker within this prov-
ince who shall be required upon any lawful occasion to take an oath
where, by law, an oath is required, shall, instead of the usual form, be
jierraitted to make his, or her, solemn affirmation or declaration in the

Prt-nmble.
1T4;J-J-1, chap

Qimkors per-
iiiitiol tu make
alliniiatioii.

Formof affirma-
tiou.

.Afllrmntlon to
bf of force aud
tllict, &c.

I'.iIhc afllrrao-
tioii to bu (It'cni-
oil perjury.

words following ; viz

I, A. B., do solemnly and sincerely affirm and declare,
pains aud penalties of perjury.

PrOTIM.

In rn»o thp mm-
Jorlly of imiioMi.
»r» i,r lolli'Cloril
rhox'ii Ik'Iiik

t"»ii« ( inpow-
••I< «J to I'lioOKO

otlicr pemuim,
kc.

under the

— which said solemn aflSrmation or declaration shall be adjudged and
taken, —

And it is hereby enacted and declared,

[Sect. 2.] To be of the same force and effect, to all intents and
puri)oses, in all courts of justice and other places where by law an oath
is ri'cjuired within this province, as if sui-h Quaker had taken an oalli
in the usual form.

And be it farther enacted,

[Sect. 3.] That if any Quaker making such solemn affirmation or
declaration shall be lawfull}' convicted, wilfully, falsel}', and corrujAly
to have alfirmed or declared any matter or thing which, if the same had
been in the usual form, would have amounted to wilful [1] and corrupt
jH-rjury, every such Quaker so offending shall incur the same penalties
and Itjrfeitures as, by the laws of this province, arc enacted against per-
sons convicted of wilful and corrupt pcrjur}-.

Provided, always, —

And be it enacted,

[Sv.ar. 4.] That no Quaker or reputed Quaker shall by virtue of
this act be qualified or permitted to serve on ony Jury in any of the
courts within this province (witliout taking the oalli by law required,
except in civil causes onl}- ; and in such causes such persons siiall be
lial)le to serve as a jin-or on taking the affirmation aforementioned, and
on n'fusing to take the same, shall be subjected to the same fine that
others are, by law, subjected to for not serving as Jurors) nor bear any
offiee in this government where an oath is, by law, recjuired to qualify a
person for the discharge of such office, except in town offices only, ami
in such case not to serve as an .assessor or collector for any rale or tax
lo lie m:ide for the su|)port of the minister or ministers in any town, or
for luiilding or repairing of any house for the public worship of CJod
within the same.

And he it further provided and enacted,

[Siccrr. .').] Tiiat where one-half or more of the assessors or collect-
ors of any town sliall be of the people called Quakers, such of tiie in-
liabitants of said town who .ire not Quakers may and shall at the same
meeting at which surii assessors or collectors, being ( )uakers, are chosen,
proceed to the choic(> of nn equal number of other persons who arc not
Qu.ikcrs; and snch assessors or collectors so clu)sen shall In- as fully
qualincd hy themselves, where the whole ninnl)er of the llrst-choseii as-

[oD Sess.] riiuvjJNCE Laws. — 1758-59. 181

Bcssors arc Quakers, or together with the other assessors who are not
Quakers, when anj- such there be, to make rates and taxes for the
settlement and support of the ministr}-, and for builduig and repairing
an}- house or houses for the pubUc worship of God witiiin sueli town,
and for no other purposes ; and such collector shall be as fully impow-
ered to collect the same as tho3',thc said assessors and collectors, would
have been had no other assessors or collectors been before chosen : and
amy assessor or collector so chosen shall be liable to the same penalt}^
for refusing to serve in their respective office as he would have been
had he been chosen and refused to serve as assessor or collector of all
the rates and taxes in said towi;.

[Sect. 6.] This act to continue and be in force for the space of five Limitation,
years from the tenth day of February, one thousand seven himdred and
fifty-nine. \_Passed February 13 ; puUished February 14, 175'J.

iy2 Pbovince Laws,— 1758-59. [Chap. 19.j

ACTS

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

1759-

CHAPTEK 19.

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

We, his majesty's most dutiful aud loyal subjects, the representatives
of the province of the Massachusetts Ba}', in New England, being desir-
ous ol" lessning the public debts, have cliearfulW and unanimously
given and granted, and do give and grant, to his most excellent majesty,
fur the service of this province, as they shall hereafter apply it, the
several duties of impost ui)on all liquors, wares, goods and merchan-
dizes that shall be imported into this province, and tonnage of ship-
ping, hereafter mentioned ; aud pra}' that it may be enacted, —

And be it accordingly enacted by the Oovernour, Council and House
of Representatives,

[Skct. 1.] That from and after the tweut3'-sixth day of March, one
thousand seven hundred and fifty-nine, to the twenty-sixth day of March,
one thousand seveu hundred and sixt}-, there shall be paid by the im-
porters of all wines,. rum and other liquors, goods, wares and merchan-
di7A' tiiat shall be iniported into this province by any of the inhabitants
thereof (except what is by this act hereafter excmptad), the several
rates and duties of impost following ; viz'., —

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

For every hogshead of rum, containing one hundred gallons, eiglit
shillings.

For every hogshead of sugar, fourpence.

For ever}' hogshead of molasses, foinpence.

For every Ijogshead of tobacco, ten sliillings.

For every pound of tea that shall be imported from any of his
ni.'ijfsly's plantations in America, one shilling.
— And .so, proportionably. fur a greater or less quantity.

And for all other cuminodities, guods or niercliandize not mentioned
or not excepted, fourpence for every twenty shillings value: excepting
such goods a.s nrc llie product or nianul'acture of (li-eat Britain.

[Skct. *2.] And for any «jf the al)ove-nientiuned liijuors, goods, wares
and uicrcliamlizc (excepting tea, which .sh:ill pay only one shilling), that
.shall be iniporte.l into this province l)y luiy of the inhabitants of the
other provinces or colonies on this continent, or of the English West-
India Islands, in any ship or vessell to them belonging, on the proper
iu'count of any of the said inhabitants of the said jn-ovinces, colonies or
islands, there shall be |»aid by the inii)orti'rs double the impost laid by
tliia act : provided ahmys, that everything which is the growth or protl-
uic of the provinces or colonies aforesaid (tobacco and bar-iron ex-

[4th Sess.] PiiOViNCE Laws. — 1758-59. 183

cepted), and all provisions, salt, cotton-wool, pig-iron, mohogon}',
brazilleto, black-walnut, lingiun-vitee, red-cedar, logwoi.d, hemp, raw
skins and hides, and also all prize goods brought into and coiideinn'd
in this province, are and shall be exempted from every the rates and
duties aforesaid.

And be it further enacted,

[Sect. 3.] That all goods, wares and merchandize, the property of
any of the inhabitants of any of the neighbouring provinces or colonies
on this continent, that shall be imported into this province, and shall
have paid, or * which there shall have been secured to be paid, the
duty of impost, bv this act i)rovided to be paid, and afterwards shall be
exported and landed in any of the said provinces or colonies on this
continent, then, and in such case, the exporter, producing a certificate
from some officer of his majesty's customs, that the same have been
landed in some of the provinces or colonies aforesaid., shall be allowed
a drawback of the whole duty of impost by him paid, or secured to be
paid, as by this act provided.

And be it farther enacted,

[Sect. 4.] That the master of every ship or vessell coming into
this province from any other place, shall, within twenty-four hours after
his arrival in any port or harbour, and before bulk is broken, make
report and deliver a manifest, in writing, under his liand, to the commis-
sioner aforesaid, of the contents or loading of such ship or vessell,
therein particularly expressing the species, kind and quantities of all
wines, liquors, goods, wares and merchandize im|)orted in such ship
or vessell, with the marks and numbers thereof, and to whom the same
are consigned ; and make oath before the commissioner that the same
manifest contains a just and true account of all the lading taken
on board and im[)orted in such ship or vessell, so far as he knows or
beleives ; and that if he knows of any more wines, liquors, goods, wares
or merchandize laden on board such ship or vessell, and imported thei'e-
in, he will forthwith make report thereof to the commissioner aforesaid,
and cause the same to be added to his manifest.

And be it farther enacted,

[Sect. 5.] That if the master of any ship or vessell shall break
bulk, or suffer any of the wines, li([uors, goods, wares and merchan-
dize imported in such ship or vessell to be unladen before report and
entry thereof be made as aforesaid, he shall forfeit the sum of one
hundred pounds.

And be it farther enacted,

[Sect. 6.] That all merchants and other persons, being owners of
any wines, liquors, goods, wares or merchandize imported into this
province, for which any of the rates or duties aforesaid are payable, or
having the same consigned to them, shall make an entry thereof with
the commissioner aforesaid, and produce an invoice of all such goods as
pay ad valorem, and make oath before him in form following ; viz'., —

You, A. V>., do swear that the entry of the goods and merchandize h\ you
now made, exhibits the sterling value of said goods, and that, bond jfide,
according to your best skill and judgment, it is not less than that value. So
help you God.

— which oath the commissioner or receiver, appoint'd in consequence of
this act, is hereby imjjowered and directed to administer ; and the own-
ers aforesaid shall pay to the said commissioner, or give security to pa}-,
the duty of impost by tliis act required, before such wines, liquors,
goods, wares or merchandize be landed or taken out of the vessell in
which the same shall be imported.

• Sie.

l^^ PROVINCE Laws. — 1758-59. [Chap. 19.]

[Sect. 7.] And no wines, liquors, goods, wares or merchandize
that bv this act are liable to pay impost or duty, shall be landed on
any wharlT, or in any warehouse or other place, but in the daytime
onlv, and that after sunrise and before sunset, unless in the presence or
with the cousent of the commissioner or receiver, on pain of forfeiting
all such wines, liquors, goods, wares and merchandize, and the lighter,
boat or vessell out of which the same shall be landed or put into any
warehouse or other place.

[Sect. 8.] And if any person or persons shall not have and produce
an invoice of the quantities of rum or liquors to him or them consigned,
then the casks wherein the same are, shall be gauged at the charge of the
importer, that the contents thereof ma}- be known.

Pro cided, nevertheless, —

[Sect. 9.] That the said commissioner shall be and hereby is allowed
to give credit to such person or persons whose dutv of impost in
one vessell shall not exceed six pounds : which credit shall l)c so limiteil
as that he shall settle and ballance his accompts with ever}' person, on
or before the twenty-sixth day of March, one thousand seven hundred
and sixty, that the said accompts may be produced to this court as
soon as may be after ; and for all entries where the impost to he i)aid
doth not exceed three shillings the said commissioner shall not demand
anything, and not more than sixpence for any other single entry to
what value soever.

And be it further enacted,

[Sect. 10.] That the importer of all wines, liquors, goods, wares
and merchandize, from and after the twenty-sixth da}' of March, one
thousand seven hundred and fifty-nine, and uutill the twcnty-sixtii day
of March, one thousand seven hundred and sixty, by 1 ami-carriage,. or
in small vcssells or boats, shall make report and deliver a manifest
thereof to the commissioner aforesaid or his deputy, therein i)articu-
larly expressing the species, kind and quantity of all sucli wines,
liquors, goods, wares and merchandize so imported, with the marks and
numbers thereof, when, how and by whom l)rought ; and shall uia'ce
oath, before the said commissioner or his deputy, to the truth of such
report and manifest, and shall also pay or secure to be paid tlie several
duties aforesaid by this act charged and chargeable upon such wines,
liquors, goods, wares and merchandize, before the same are landed,
housed or put into any store or place whatsoever.

And he, it farther enacted,

[SixT. 11.] That every merchant or other person importing any
wines into tiiis province, shall be allowed twelve per cent for leakage.
proridi'd, such wines shall not have been tilled up on board ; and that
every hogshcaii, butt or pi|)e of wine that hath two-thirds thrreof lonke;!
out, shall lie accounted for outs, and the merchant or importer shall pay
no duty for the same. And no master of any ship or vessell shall suffer
any wines to lie filled up on board without giving a certificate of the
quantity so lillcd u[), undi-r his hand, l)efore tiie landing thereof, to the
commissioner or rect-iver of impost for such port, on pain of forfeiting
the sum of one luuidred pounds.

[Sect. 12.] And if it may be made to appear that any wine im-
ported in any ship or vessell be decayed at the time of unloading
thereof, or in twenty days allerwards, oath being made before the com-
missioiu'r or receiver that the same hath not been landed above that
time, tho duties and impost paid for such wines shall be repayed unto the
importer thereof.

And be it further enacted,

[Sect. 1.').] Tliat the master of every ship or vessell importing any
liquors, wiues, goods, wares or mtuchaudizc, shall be liable to pay

[4th Sess.] Pkovince Laws.— 1758-59. 185

the impost for such and so much thereof, contained in his manifest, as
shall not be duly enter'd, and the duty paid for the same by the person
or persons to whom such wines, liquors, goods, wares or merchandize
are or shall be consigned. And it shall and ma}- be lawful, to and for
the master of every ship or other vessell, to secure and detain in his
hands, at the owner's risque, all such wines, liquors, goods, wares and
merchandize imported in an}' ship or vessell, untill he receives a cer-
tificate, from the commissioner or receiver of impost, that the duty
for the same is paid, and untill he be repaid his necessary charges
in securing the same ; or such master may deliver such wines, liquors,
goods, wares and merchandize as are not entered, unto the commissioner
or receiver of the impost in such port, or his order, who is hereby im-
powered and directed to receive and keep the same, at the owner's risque,
untill the impost thereof, with the charges, be paid or secured to be
paid ; and then to deliver such wine, liquors, goods, wares or merchan-
dize as such master shall direct.

And be it further enacted,

[Sect. 14.] That the commissioner or receiver of the impost in each
port, shall be and hereby is impowered to sue the master of any ship or
vessell, for the impost or duty of so much of the lading of any wines,
liquors, goods, wares or mei'chandize imported therein, according to
the manifest to be by him given upon oath, as aforesaid, as shall remain
not enter'd and the duty of impost therefor not paid or secured to be
paid. And where any goods, wares or merchandize are such that the
value thereof is not known, whereby the impost to be recovered of
the master, for the same, cannot be ascertained, the owner or person
to whom such goods, wares or merchandize are or shall be consigned,
shall be summoned to appear as an evidence at the court where such
suit for the impost and duty thereof shall be brought, and be there
required to make oath to the value of such goods, wares or merchan-
dize.

And be it further enacted,

[Sect. 15.] That the 'ship or vessell, with her tackle, apparell and
furniture, the master of which shall make default in anything by this
act required to be performed by him, shall be liable to answer and
make good the sum or sums forfeited by such master, according to
this act, for any such default, as also to make good the impost or duty
for all wines, liquors, goods, wares and merchandize not enter'd as
aforesaid, or for which the duty of impost hath not been paid ; and,
upon judgment recovered against such master, the said ship or vessell,
with so much of the tackle or appurtenances thereof as shall be suflS-
cient to satisfy said judgment, may be taken by execution for the same ;
and- the commissioner or receiver of the impost is hereby impower'd to
make seizure of the said ship or vessell, and detain the same under seizure
untill judgment be given in any suit to be commenced and prosecuted
for any of the said forfeitures or for the duty aforesaid ; to the intent,
that if judgment be rendered for the prosecutors or informer, such ship
or vessell and appurtenances may be exposed to sale, for satisfaction
thereof, as is before provided : unless the owners, or some on their
behalf, for the releasing of such ship or vessell from under seizure
or restraint, shall give sufficient security to the commissioner or re-
ceiver of impost that seized the same, to respond or satisfy the sum
or value of the forfeitures and duties, with charges, that shall be
recovered against the master thereof, upon such suit to be brought for
the same, as aforesaid ; and the master occasioning such loss or damage
unto his owner, through his default or neglect, shall be liable unto
their action for the same.

lyg PiiOM-\cE Laws.— 1758-59. [Chap. 19.]

And he it further enacted,

[Sect. 16.] That the naval officer within any of the ports of this
province shall not clear or jrive passes to an}- master of an}' ship or
vessell, outward hound, untill he shall he certified, Ijy the commissioner
or receiver of the impost, that the duty and impost for the goods last
imported in such ship or vessell are [jaid or secured to be paid.

[SiccT. 17.] And the commissioner or receiver of the impost is
herel)y impower'd to allow bills of store to the master of any ship or
vesseil importing any wines or liquors, for such private adventures as
shall l)eloiig to the master or seamen of such ship or vessell, at the dis-
cretion of the commissioner or receiver, not exceeding three per cent
of the lading ; and the duties payable by this act for such wines or
liquors, in sucli bills of stores mentioned and expressed, shall be abated.

And for the more effectual preventing any wines, rum or other dis-
till'd spirits being brought into the province from the neighbouring
governments, by land, or in small boats or vessells, or any other way,
and also to prevent wines, rum or other distill'd spirits being first
sent out of this province, and afterwards brought into the government
again, to defraud the government of the duties of impost, —

Be it enacted,

[Sect. 18.] That the commissioner and receiver of the aforesaid
duties of impost shall, and he is hereby impower'd and enjoin'd to, ap-
point one or more suitable person or persons as his deputy or deputies,
in all such places of this province where it is likel}' that wine, rum or
other distilled spirits will be brought out of other governments into this ;
which officers shall have power to seize the same, unless the owner shall
make it appear that the duty of imfiost has been paid therefor since
their being l)rought into or relanded in this government; and such offi-
cer or officers are also impowered to search, in all suspected })laces. for
such wines, rum or distilled spirits or tea brought or relanded in this
government, where the duty is not paid as aforesaid, and to seize or
secure the same for the ends and uses as in this act is hereafter pro-
vided.

And be it further exacted,

[Sect. 1'.).] That the commissioner or his deputies shall have full
power to admii.istcr the several oaths aforesaid, and search in all
suspecteil places for all such wines, rum, li(iuors, tea. goods, wares and
mereliandize as are l)rought into this province, and landed contrary to
the true intent and meaning of this act, and to seize the same for the
uses hereinafter mentioned.

Avd be. it further enacted,

[Sect. 20.] That if the said commissioner, or his deputy, shall have
iiiforniatiou of anv wines, rum or other distill'd s|)irits, or tea, being
]>roiiglit into and landed in any place in this jjrovinee, for which the
duties aforesaid sliall not iiave l)een paid after their being brought into or
relandi'd in this government, he may apply to any justice of the peace
witiiin the county, for a warrant to search such place ; and said justice
shall grant such warrant, directed to some proper officer, upon said com-
missioner or his depnly's making oath that he hath had information as
aforesaid ; and having such warrant, and l)eing attended by such officer,
the saitl eonnnissioner or his deputy may, in the daytime, between sun-
rising and sun-setliiig, demand admittance, of the person owning or occu-
pying Hueh place, and, iqion refusal, shall have rigiit to break open such
place; and, finding sneli liipiors or tea, may seize and take the sanie
into liis own custocly ; and the commissioner aforesai<l, or his deputy,
phall ho and hereby is impower'd to command assistance, and im-
press carriages necessmy to seiure the licpiors or tea seized as afore-
said ; and any poisons refusing assistance, or preventing; any of

[4tii Sess.] Province Laws. — 1758-59. 187

the said officers from executing tlieir office, shall forfeit five pounds to
the said commissioner ; and he or his deputy shall make reasonable
satisfaction for the assistance afforded, and carriages made use of, to
secure the liquors or tea seized as aforesaid ; and the commissioner or
his deputy shall then file an information of such seizure in the inferiour
court of common pleas for the county wherein such seizure shall be
made, which court shall summon the owner of such liquors or tea, or the
occupier of such shop, house or warehouse, or distill-house, where the
same were seized, to appear and shew cause, if any he has, why such
liquors or tea so seized shall not be adjudged forfeited, and if such
owner or occupier shall not shew cause as aforesaid, or shall make
default, the said liquors or tea shall be adjudged forfeited, and the said
court shall order them to be sold at public vendue ; and the nett produce
of such sale shall be paid, one half to the province treasurer for the use
of this province, and the other half to the said commissioner.

And be it further enacted,

[Sect. 21.] That there shall be paid, bj- the master of every ship or
other vessell, coming into any port or ports of this province, to trade
or traflick, whereof all the owners are not belonging to this province
(except such vessells as belong to Great Britain, the provinces or
colonies of Pensylvania, "West and East Jersc}', Connecticutt, New
York, New Hampshire and Rhode Island), every voyage suuh ship or
vessell doth make, one pound of good pistol-powder for every ton such
ship or vessell is in burden : saving for that part which is owned in
Great Britain, this province, or any of the aforesaid governments,
which is hereb}^ exempted ; to be paid unto the commissioner or re-
ceiver of the duties of impost, and to be employed for the uses and
ends aforesaid.

[Sect. 22.] And the said commissioner is hereby impowered to ap-
point a meet and suitable person, to repair unto and on board any ship
or vessell, to take the exact measure or tonnage thereof, in case he
shall suspect the register of such ship or vessell doth not express and
set forth the full burthen of the same ; the charge thereof to be paid by
the owner or master of such ship or vessell, before she shall be cleared,
in case she shall appear to be of a greater burthen : otherwise, to be paid
by the commissioner out of the money received by him for impost, and
shall be allowed him, accordingly, by the treasurer, in his accompts.
And the naval officer shall not clear any vessell, untill he be certified,
also, by the commissioner, that the duty of tonnage for the same is
paid, or that it is such a vessell for which none is pa}' able according
to this act.

And be it further enacted,

[Sect. 23.] That when and so often as any wine, rum or tea imported
into this province, the aforesaid duty of impost upon which shall
have been paid agreeable to this act, shall be reshi[)ped and exported
from this government to an}' other part of the world, that then, and in
every such case, the exporter of such wine, or rum or tea shall make oath,
at the time of shipping, l)efore the receiver of impost, or his deputy, that
the whole of the wine, or rum or tea so shipp'd has, bond fide, had the
duty of impost aforesaid [)aid on the same, and shall afterwards produce
a certificate, from some officer of the customs, that the same has been
landed out of this government, — or otherwise, in case such rum, or wines or
tea shall be exported to any place where there is no officer of the customs,
or to any foreign port, the master of the vessell in which the same shall
be exported shall make oath that the same has been landed out of the
government, — and the exporter shall, upon producing such certificate,
or upon such oath of the master, make oath that he verilv beleives no
part of said wines, rum or tea has been re-lantlcd in this province, —
such exporter shall be allowed a drawback from the receiver of impost
as follows ; viz'. , —

1^ riiOVi.NCE Laws.— 1758-51). [CiiAi-. lH.]

For ever}' pipe of wine, nine shillings.

For every hogshead of rum, seven shillings aad sixpence.

And for every pound of tea, one shilling.

Provided, ahvays, —

[Sect. 2 1.] That if, after the ship{)ing of such wines, or rum or tea to
be exported as aforesaid, and giving security as aforesaid, in order to
obtain the drawback aforesaid, the wine, or rum or tea so shipped to be
exported, or any part thereof, shall be relanded in this province, or
brought into the same from any other [jrovince or colony, that then all
such rum, wine and tea so relanded and brought again into this prov-
ince, shall be forfeited and may be seized by the commissioner afore-
said, or his deputy.

And he it further enacted,

[Sect. 2o.] That there be one fit person, and no more, nominated
and appointed by this court, as a commissioner and receiver of the
aforesaid duties of impost and tunnage of shipping, and for the inspec-
tion, care and management of the said office, and whatsoever relates
thereto, to receive commission from the governour or commander-in-
chief for the time being, with authority to substitute and appoint a
deputy receiver in each port, or other places besides that in which he
resides, and to grant warrants to such di-'puty-receivers for the said
place, and to collect and receive the impost and tunnage of shipping as
aforesaid that shall become due wilhin such port, and to render the
account thereof, and to pay in the same, to the said commissioner and
receiver : which said commissioner and receiver shall keep fair books of
all entries and duties arising by virtue of this act ; also, a particular
account of every vessell,so that the duties of impost and tonnage arising
on the said vessell may appear ; and the same to lye open, at all
seasonable times, to the view and perusal of the treasurer or receiver-
general of this province (or any other person or persons whom this
court sliall ap|)oint), with whom he shall account for all collections and
pa3'ments, and pay all such monies as shall be in his hands, as the
treasurer or receiver-general shall demand it. And the said commis-
sioner or receiver and his deputy or deputies, l)efore their entering \\\y^in
the execution of their said office, shall bo sworn to deal truly and faith-
fully therein, an<l shall attend in the said office from ten o'clock in the
forenoon, untill one in the afternoon.

[Sect. -'G.] And the said commissioner or receiver, for his labour,
care and expences in the said office, shall have and receive, out of the
province treasury, at the rate of sixty poimds per annum; and his
deputy or deputies shall receive for their service such sums as the
commissioner of impost, together with the province treasurer, shall
judge necessary, for wiiatcver sums they shall receive and pay ; and the
treasurer is lierehy ordered, in jiassing and receiving the said commis-
sioner's aecompts, accordingly, to allow the payment of such salary or
salaries, as aforesaid, to himself and his deputies.

And be it further ciiacledy

[Sect. 27.] That all penalties, fines and forfeitures accruing and
arising in consequence of any breach of this act, sli:dl be one half to his
majesty for the use of tiiis province, and the other half to liim or them
tliat shall seize, inform and sue for the same, by .action, bill, plaint or
information, in any of liis majesty's courts of record, wherein no esoign,
protection or wager of law shall be al!owe<l ; the whole cliarge of the
I)rosreution to be taken out of (he lialf belonging to the informer.

Anil he. it further etmrted,

[Skct. 28.] That from and afli-r the commencement of this act, in
all . auses wherein any claimer shall appear, and shall not make good

[4th Sf.ss.] Province Laws.— 1758-59. 189

the claim, the charges of prosecution shall be born and paid by the
said claimer, and not by the informer. [^Passed March 28 ; * published
March 22, 1759.

OHAPTEK 20.

AN ;^CT IN FURTHER. ADDITION TO THE SEVERAL LAWS NOW IN
BEING FOR THE MORE SPEEDY FINISHING THE LAND-BANK OR
MANUFACTORY SCHEME.

"WuEREAS, notwithstanding the several laws made for bringing the preamble.
Laud-bank or Manufactory Scheme to a conclusion, yet, by reason of the 1748-49, ciiap.ie.
death of some of the late partners in said sclieme, the insolvency of ^'°''-^^> '=''='?• ^-s-
others, the removal of divers of them out of the province, after tLicir
having sold their real estates, the difficulties that have occurred in m-ik-
ing sale of the real estates that have been taken in execution, together
with the last assessment, which was lodged in the secretary's office,
being rend[e]red invalid, this affair as yet remains unset[i]lod, to the
great damage of all concerned ; and ivhereas, an account lias been taken, 1757.5s, ciiap. 28.
in consequence of a law pass[e]'d at the session of the general court
in March last, of all the manufactory bills outstanding, amounting to
about nine hundred and ninety-live pounds in those bills, to the end
that an assessment might be made for the drawing in said bills forth-
with, and thereb}' putting a stop to the interest growing thereon, —

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

[Sect. 1.] That Thomas Goldthwait and Nathan [i][«] el Hatcli, Commissioners
Esq"., be commissioners in the room of John Jetfries, Esq'^'^., who has rormi"('t\Toi!i[ '°
resigned, and of John Chandler, Esq'^''^, who declined attendance 0:1 "J^f '''''?,-""\,

, . ° . r. 1 • • • . . „ John Chandler,

this service soon after his ap[)ointinen,t to receive commission from the Esqs.; and
governour, and the said commissioners, with Samuel Danforth, Esqi^'^., their power.
or any two of them, after the said Thomas Goldthwait and Nathan-
[i][c6iel Hatch have been duly sworn as the law directs, shall, by virtue
of this act, have as full power in all respects as the commissioners
heretofore by law appointed for adjusting and settling the affairs of
that scheme were vested with, and they' are hereby authorize.d and
directed, as soon as may be, to make an assessment of three thousand
pounds, lawful mone}-, on such of those persons mentioned in a list
printed in the supplement to the " Boston Gazette," one thousand seven
hundred and forty-five, as are now living within this province, whom
they shall judge of abilit}- as to estate, forthwith to pay what the}' shall
be assessed, and to proportion the same among them as agre[e]able to
the rules heretofore observed by the commissioners as may be, and the
assessment so made the said commissioners shall immediately after the
making thereof cause to be published in the Boston weekly newspapers,
that so every person concerned may have the knowledge thereof, and
have opp[u][n]rtunit3' to pay the sum assessed on them respectively
to the commissioners ; and if any person so assessed shall neglect pay-
ment [by] [/o/'] the space of thirty days next after the publication
thereof, the said commissioners shall forthwith issue their executions
against such delinquent and their estates ; which execution shall be in
the furra following; viz''^., —

* In tbc governor's handwriting.

190

Piiovixci: Laws.— 1758-59. [CiiAr. 20.]

Form of the ex-
ecatlou.

Province of the Mas
sachusetts Bay,

Esq""

/ rommissioners for the more speedy finishing the
Land-Hank or Manufactory Scheme.

To the sheriff of the county of , his under-sheriff or deputy.

Greeting;::

W hcTcas on the day of an assessment was made

bv us on divers of the late directors and partnei's in said scheme, and after-
wards pnl)lished in the public newspapers in Boston agTe[e] able to law,
since which more than thirty days have elapsed, in which A. B. of C, in the
county of K., a late ])artner in said scheme was assessed the sum of ,

as his part or proportion; and altho' public notice has been given of said
assessment as aforesaid, yet the said A. B. has neglected to pay the s»me to
us. You are therefore hereby required, in his majesty's name, to levy of the
monies of the saitl A. B. the sum of or of his goods and chatt[ie] [eZJs

to the value thereof, and pay the same to us within thirty days coming, and
for want of such money or goods and chatt[lo] [eZJs to the value thereof,
when sold at an outcry, to be ))y him shewn unto you or found within your
precinct, you are herel)y commanded to apprehend the body of the said A.
B., and him commit uiito his majesty's goal in and the keeper

thereof is hertiby commanded to receive the said A. B. into the said goal, and
liim safely keep until [1] he shall pay the full sum aforesaid, with your fees.
Uereof fail not, and make return of this precept with your doings into our
office at lioston within thirty days next coming. Given under our hands
and seals at Boston, the "day of A. D. , and in the

year of his majesty's reign.

Bluiiffin, &c., to
evy excciilloiis.

CommleBlonerB
u'lii-ii oimblcd to
ri'ilfcni IiIIIh to
givu notice.

CiiminlBKlonorB
cmpdwcTcd lo
t.illKliirinrH.ilcc.,
tu arcount.

IIIIU r..l.»mi<l,
tin- ooinmli*-
•liiiicm t'lnpnw.
rrr.l tu mako ii
Ki'W lUMoamnciit,
&o.

i:4a.44,cbap.n,

And all shcriirs, under-sheriffs and deputies, and where they are in-
terested, all coroners, and where the sum exceeds not ten pounds, all
constables are impowered to serve said executions, being directed to
them.

And be it further enacted,

[Skct. 2.] That the said commissioners, or the major part of them,
as soon as lliey are enabled to redeem said bills, shall give notice in
the said weekly newspapers of the time and times in the town of Bus-
ton, when and where they will attend to redeem tliem, which public
notice being inserted in all the weekly newspapers printed in Boston
six weeks snccessiveh', is hereby, made and declared a legal tender to
all and every possessor and possessors of said bills.

And he it further enacted,

[Skct. 3.] That the said commissioners l)e and they hereby are fully
im[jowcrcd to call to account all sheriffs, deputy-sheriffs, coroners and
constables wlio have received warrants heretofore against any of the
said directors or partners, and those of them who have been or shall be
guilty of negligence or misfeazance pursue in a course of law until[l]
final issue in order to recover damages, to which the}' are hereby
declared liable, for their negligence or misfeazance.

And he it further enacted,

[Skct. 4.] That so soon as the aforesaid bills shall have been
redeeined, the said cominis'^ioncrs shall proceed to make another assess-
ment, as equitably as may be, as well upon such of the partners who,
iiaving some estate, may have been omitted in their former assessment,
as upon tlie real estate of all saifl partners who are deceased or removed
out of the province, and conveyed away their said estates contrary to
an act or law of this province made in the seventeenth j'car of hia
,>reHciit majesty's ni;j,M. inlil[j;]led "An Act for the more speetly lin-
isliing flic Land-bank <pi- Manufactory Scheme," and to proijortiou the
same in such manner according to the laws heretofore made relative to
said scheme, as that any losses or charges arisen or that may arise, may
be luuii by the persons concerned therein as ci|uitably as may be, and
Hhall give notice thereof as in this act is directed relating to the other
assessment, t) the ctid I hat ihe tenants in possession or others concerned

[4th Sess.] Province Laws.— 1758-59. 191

may be duly apprized thereof, and may pay said assessment ; and if
neglect be made of payment for the space of thirty days next after such
notice given, the said commissioners are herc'b\- authorized and impow-
ered forthwith to sell so much of the said real estate wliich did belong
to such delinquent partner, as they shall judge sufficient to answer his
said assessment, and give sufficient deed or deeds therefor, first giving
notice of time and place of sale thirty days beforehand ; and upon the
executing such deed or deeds, it shall be lawful for the vendee or ven-
dees immediately, and without other process in the law, to enter into
the estate so convej'ed, and to hold the same, the conveyance of any
such partner contrary to the said act made in the seventeenth 3'ear of
his {)resent majesty's reign, or the possession of any such tenant or
tenants notwithstanding, and execution shall issue against the aforesaid
partners who have been omitted in their former assessment in manner
and form as is provided by this act.

And whereas endeavours have been used to discourage and prevent Preamble,
persons, otherwise inclined to purchase, from bidding for estates taken
by execution, and exposed to publii?[A;] sale, —

Be it therefore farther enacted^

[Sect. 5.] That where the estate of any of the late directors or Directors' or
partners, taken by warrants or execution from the commissioners, hath not'8"''kf'b^*'''^b'
or shall be exposed to pnblic[/L] sale, and could not be sold, or where licsaiel&c.may
the highest sum bid as the purchase consideration was or shall be but dTsposedof.^
of trifling value compared with the real value of such estate, in such
case it shall be lawful for the said commissioners, or such other person
or persons as by law arc vested will^ authority to dispose of such estate,
to convey the same by private sale, where 'tis apprehended that said
estate may be so vended to better advantage.

And he it further enacted,

[Sect. C] That the said commissioners shall sit[t] in the town of Commissioners
Boston for the accomplishing those affairs, as often as thev shall iudo-e toeitint^e

11 ■ 1 c ..^ • • I. i- ii • "111,. ,° town of Boston.

necessary, and be paid for their service what this court shall judge
reasonable ; and if there shall be a surplus in the hands of the said
commissioners after redeeming said bills and paying all losses and
necessary charges, the said commissioners shall divide and pay the
same equitably among the said partners who shall have duly paid their
said assessments.

And he it further enacted,

[Sect. 7.] That all persons who shall purchase any of the lands Persons pur-
aforesaid from the s[a/]d commissioners or sheriffs shall be forever uom^commt
excluded and debar[re]'d from bringing aiw action or actions acrainst sioners, &c.,
the said commissioners or sheriffs upon the account of any disturbance bringing^ac)
which may happen to the said purchasers or any of them in their pos- "°"^' ^°-
sessions or titles from any person or persons whatsoever. \_Passed
March 28, 1759.

CHAPTER 21.

AN ACT FOR THE SPEEDY LEVYING OF SOLDIERS FOR AN INTENDED
EXPEDITION AGAINST CANADA.

Whereas it has been determined by the votes and resolves of the Preamble,
general assembly of this province that five thousand men, including
officers, should be raised for his majesty's general service this present
year, over and above the garrison at Castle William, the several forts

192

Province Laws.— 1758-59. [Chap. 21.]

General miuter.

Chief officer to
notify the Bame
l>y u sergeant or
rorporal, either
in perKon or by
li-.-ivliii; n notifl-
rnliiiti at the
place of bia
nbode.

Penalty for non-
appearance.

How to be re-
covered and ap-
plied, Su:.

In ca«o of defi-
ciency of the
quota a8Hii;iicd
any company or
troop, the same
to bo conipktod
by an Imprcsa,
&c.

Ptneii.how to be
diKi>oiicd of.

Preamble

and garrisons on the eastern and western frontiers, and such marching
parties as may be necessary for the dcfonce of said frontiers, and the
seamen necessary for the ship Kiiiu Geurue ; and ichercds provision
has already been made by the assembly aforesaid for raising four hun-
dred of said five thousand men ; therefore, for the eflfectual levying four
thousand six hundred men, including officers, being the remaining part
of said five thousand men, —

Be it enacted h]i the Governour, Council and House of Representatives,

[Sect. 1.] That on the sixth day of April next, at ten of the clock
in the forenoon, there shall be a muster of all the companies of horse
and foot of the militia of this province, and of the batteries of the
towns of Boston, Charlestown, Marblchead, Salem and Glocestcr, and
the captain or chief officer of each of said companies shall immediately
give notice thereof b}- a sergeant or corporal of his troop or company,
to each person belonging to the same, from the age of sixteen to sixty,
and not by the law of this province exempt from attending military
exercises, either in person, or in case of his absence or not being to be
found, by leaving a notification in writing at the place of his abode ; and
every person notified in either of the wa3's aforesaid shall punctually
and duly attend until dismissed, unless unavoidabl}' prevented, on pen-
alty of forfeiting and paying sixteen pounds, to be sued for and recov-
ered with costs of suit, by the clerk of the troop or company to which
such delinquent belongs ; and if such delinquent be a minor or servant,
the action to be brought against and penalt}' recovered of his parent or
master ; one third of said penalty to be for the use of said clerk, and
the other two thirds shall by him ^e paid into the hands of the treas-
urer of the town, district or parish, to be employed in hiring men into
his majesty's service, as there shall be occasion, and drawn out for that
purpose by the captain or chief officer of the troop or company.

[Sect. 2.] And in case any troop or company, being warned as
aforesaid, shall not, on or before the said sixth day of April next, at
four of the clock in the afternoon, have made up the dificiency of their
enlistments and compleated their quota, then the captain or chief officer
of such troop or company shall immediately proceed to impress or
cause to be impressed so man}' able-bodied men as shall be necessary
in order to comi)Ieat his quota as aforesaid ; and eveiy person so im-
pressed and not exempted as aforesaid, shall be deemed a soldier in the
service into which he was impressed, unless he shall obtain a discharge
in writing under the hand of the captain or chief officer of the compan}'
or colonel of the regiment to which he belongs, or from the commander-
in-chief of the province, or otherwise shall pay to the captain or chief
officer of the troop or conipan}' to which he belongs the sum of eight
pounds within one hour after he is impressed, to be disposed of in hir-
ing another man in liis stead, and to account upon oath for the overplus,
if any there I)e, to be paid to the treasurer of the town, district or par-
ish, to be employed in hiring men into his majesty's service as there
hIi:i11 be occasion, and drawn out for that purpose by the captain or
chief officer of the troop or company ; and in case the fine or fines paid
by impressed men as aforesaid shall not lie sufllcient to hiie able-bodied
men enough to make up the quota immediately, such captain or officer
shall proceed to impress more men ; and in case of their paying the
fine aforesaid, or ])cing discharged as aforesaid, shall go on without
delay to impress in manner aforesaid, until the quota i)e compleated
either by hiring with the fines, or with the impressed men as afore-
said.

And iihn-citH niany ptM'sons lial)le to train and do military duly may
conu' fioin otiier govci-nmciits into tiiis province to .avoid doing their
duty at home, and others who iire iniial)itants within this province may

[4th Sess.] Province Laws.— 1758-59. 193

strole from town to town or place to place to avoid impresses, and
others that do not belong to any particular company, —

Be it further enacted,

[Sect. 3.] That the colonels of each regiment, captain or chief RcBuients or
officer of any troop or company who shall be in want of men to com- pro''ssc.'i! to be
pleat his quota after ten of the clock in the forenoon, on the sixth day deemed soiaicrs.
of April next, may impress any residents or strolers within his district,
being persons suitable to be impressed, though the same persons do not
belong to his regiment or company ; and such persons so impressed
shall be deemed soldiers in the service : ^lnless they do really belong to Proviso,
some company of the militia within this province that shall have com-
pleated its quota before the said sixth da\- of April next, or shall be
discharged by the governour or commander-in-chief, or such person as
he shall appoint for such purposes : unless he doth procure some able-
bodied, effective man to the acceptance of the officer who impressed
him, or to the muster master, who shall inlist in his room, on or before
the time appointed for his passing muster.

And tvhereas the people called Quakers alledge a scruple of conscience Preamble,
against any military service, and persist in their neglect or refusal to
attend on military musters, —

Be it enacted,

[Sect. 4.] That such of the inhabitants of this province as profess Quakers ex-
themselves to be of the people called Quakers, shall be and hereby are ^"p^^"^-
declared to be exempt from the lines and forfeitures for not attending
on military musters, and for not attending the service upon an impress,
anything in this act to the contrary notwithstanding.

And in order to prevent an}' unequal burthen upon an}' companj^ in Preamble,
which there are any of the people called Quakers liable to be impressed,
and to prevent any deficiency in the whole number of men required to
be raised by this act, —

Be it farther enacted,

rSzCT. 5.1 That in every company in which there are anv of the Quakers liable
people called Quakers, liable to be impressed, the captain or chief offi- topay£i3 6«.
ccr of such compan}- is hereb}' impowered and required to engage and ^'^'' ^'''
employ a sum not exceeding thirteen pounds six shillings and eight-
pence per man, in order to hire into the service so man}' men as by this
act Would have been liable t j be impressed from such people called
Quakers, in a due proportion to the other part of the company, the
suras so engaged to be paid out of the public treasury upon an account
thereof exhibited to and allowed by the governor, with the advice and con-
sent of the council, and to be levied in the next tax-act upon the people
called Quakers, in such manner and proportion as shall be therein ordered.

And be it further enacted,

[Sect. 6.] That if the general assembly who shall pass the next Trea-ourer to tax
tax act shall omit therein to levy the aforesaid sums on the people **"^'"*'
called Quakers, that then the province treasurer shall he, and he hereby
is impowered and directed to add the said sums to the town or district's
proportion wherein such Quakers live respectively, over and above such
town or district's ordinary proportion of the province tax, distinguish-
ing it, however, from said proportion, that so the respective assessors
of said towns and districts may assess such Quakers for the same
accordingly as aforesaid.

And he it further enacted,

[vSect. 7.] That the captain or chief officer of every company in Coioneu to file
each regiment within this province that shall have employed any sum ineecretary's"
or sums to hire persons into the service in the room and stead of the "^"^^
people called Quakers, in consequence of this act, shall, sometime
befoie the twenty-fifth day of May next, in this present year, prepare

194 Province La^vs. — 1758-59. [Chap. 21.]

and deliver to the colonel of the regiment to which he belongs, a list of
all the people called Quakers, or who, under a pretence of a scruple of
conscience, absent themselves from military musters within the re-
spective districts of their respective companies, specifying in such list
the towns of which each and every such person is an inhabitant; and
ever}' such colonel or chief oflicer of such regiment shall, sometime be-
fore the first day of June next, return such list into the secretary's office.
Penalty. [Sect. 8.] And cvcry captain or chief officer of a company who

shall fail of preparing and delivering such lists, shall forfeit and pa}* a
sum double to that he shall receive out of the province treasury to hire
men withal ; one moiety thereof to his majesty for the use of the prov-
ince, the other moiety to him or them that shall inform and sue for the
same ; and ever}' colonel who shall neglect or refuse to deliver into the
secretary's office within the time aforesaid the several lists delivered
him by the officers aforesaid, shall for every such neglect forfeit and
pay the like sum, to be recovered in manner and applied to the uses
ProviBo. aforesaid : provided, that nothing herein contained shall be construed

to extend to the inhabitants of Nantucket, who are to attend and
1708-59, chap. 23. obscrvc the rulcs and directions in the law of this province, relating to
the inhabitants of that island, made in the present year of his present
majesty's reign.

And be it further enacted,

[Sect. 9.] That if at any time before the men raised are delivered
over to the officers going upon the expedition aforesaid, there shall be
a deficiency in any troop or company in the number to be raised therein,
that in ever}- such case the captain or commanding officer of said troop
or company is hereby authorized and required immediately, by impress,
to make up said deficiency, and for that end may impress or cause to
be impressed in any part of this province any able-bodied, effective
man or men belonging to his troop or company liable to be impressed ;
and every person that, before four of the clock in the afternoon of the
sixth day of April next, who* shall inlist and attend the service afore-
said, shall bo deemed part of the quota ordered to be raised out of the
troop or compan}' whereunto he belonged ; and ever}' stroler or stragler
that shall be impressed, and attend the service as aforesaid, shall be
deemed part of that troop or company's quota whereunto that officer
belongs who may impress him.
And he it further enacted,
Pcnoity for neg. [Sect. 10.] That ovcry Captain or commanding officer, sergeant or
led of duty. corporal that shall neglect or refuse to do his duty by this act required
of liim, BJiall for every ofTonce, if a captain or commanding officer, for-
feit and i)ay the sum of thirty pounds ; if a sergeant or corporal, the
sum of four pounds, to be recovered by any person who shall prosecute
for the samo, cither by action of debt or information ; one third of said
fine or forfeiture to be for the use of said prosecutor, the other two
thirds to be lodged in the hands of the treasurer of the town, district
or parish where said ofrender lives, to be drawn out for the use and pur-
pose aforesaid, and no other, liy the colonel of the regiment if the cap-
tain or commanding ollirer is the offender ; if the sergeant or corporal
is Ihe offender, l)y tiie captain.
Proviio In wue And v'hrrcfts the great searcity of labourers, which will be the natural
of nnninrm. ooii'^equencc of raising a body of troops within tiws government for his
majesty's service this present year, will make it ni'cessaiy that those
which remain at iiome be not called off from their labour, —
Be if further endrlcd,
*""'*'"y'r""*«" [SE(rr. 11.] That no captain or chief officer of any foot company
•mprwi.' '"'' ^''='" '"' l'"'ld an<l obliged to call together, instruct or employ his com-

• Sic.

[4th Sess.] Province Laws. — 1758-59. 19")

pany in railitar}' exercises, either on the second or third Mondaj's in
April next, the first Monda}' in Ma}', the first Tuesday in June, the last
Monday in October next, and the Tuesday following the same Monday.
And no captain or chief officer of an}' troop of horse shall be held or
obliged to call his troop together either on the second or third Mondays
of April next, nor on the last Monday of October next, or the Tuesday
next following the same Monday ; and .no foot soldier or trooper shall
be liable to any penalty for not appearing in arms on either of the days
aforesaid.

Provided always, —

And it is hereby declared,

[Sect. 12.] That nothing in this act shall be construed or under- Projiao.
stood to exempt any officer or soldier in horse or foot from the duties
and penalties required by law for non-appearance in case of .an alarm
on either of the days aforesaid. [^Passed infarct 28*; published March
14,t 1759.

CHAPTER 22.

AN ACT IN ADDITION TO AN ACT INTITULED " AN ACT FOR THE SPEEDY
LEVYING OF SOLDIERS FOR AN INTENDED EXPEDITION AGAINST
CANADA."

Whereas provision is already made by law for the officers of the Preamble,
militia speedy raising the levies agreed by this government for the in- 1-58-59, chap. 21,
tended invasion of Canada, but unless some further provision be made
many desertions ma}' happen, and great delay and inconveniencie may
arise in marching the men so raised ; for prevention whereof, —

Be it enacted by the Governour, Council and House of Representatives,
That if any officer of this province that shall have received a com- Penalty for ox-
mission and engaged in said service, shall refuse to obey the orders not ob'cyingor"
given him by the captain-general of this province, or his commanding dors, &c.
officer, or shall not duly observe the same by punctually attending the
militia officers to receive the men after they have raised and mustered
them, or not march them as directed and required by the orders given
them in manner as aforesaid, such expedition officers, unless unavoid-
ably prevented, for such offence committed in this province, shall, if a
field officer, forfeit and pay the sum of one hundred pounds ; if a com-
mission officer, the sum of fifty pounds, to be recovered by action or
information, the one moiety to him that shall inform or sue for the
same, the other moiety to be to and for the use of this government.
\_Passed March 28 ; published March 22,t 1759.

CHAPTER 23.

AN ACT SUBJECTING THE INHABITANTS OF THE ISLAND OF NAN-
TUCKET TO AN ASSESSMENT TOWARDS THE CHARGE OF DEFENDING
HIS MAJESTY'S TERRITORIES, IN LIEU OF THEIR PERSONAL SERVICE.

Whereas the raising of men for his majesty's service upon the island Preamble,
of Nantuckel[t], within this province, is attended with very great diffi- iT55.66,chap 32.
culties, by reason that the said island is situated at a considerable dis-

* This chapter was i)asspd to be enacted March 14, but the record show3 that it
was not signed until the liSth.
t According to the i)rinted acts.

196

Provixce Laws.— 1758-59. [Chap. 23.]

InhnblUinU of
Niintiirkrt to
pay into the
iri'nsury £13 C«.
8</. for each man
that xhall be as-
rif^nej them to
raise.

Not to extend to
those who are
not inhahitants
cf the Inland of
Nantucket.

Sheriffn cmpow.
cred to ImpreBs
any Bnch who
are not exempt-
ed by law.

KherilT to ttlvo
notice to the
colonel, 8cc.

Biirh men to bo
held to the aer-
Tire IM If Im-
pre«Hed by the
officer of the
nu'lment lo
which ihey bc-
loag.

MmlUtlon.

tance from an}' other part of the province, being an island at sea, more
than thirty miles from the main land, and the greatest part of the
inhahitants being of the people called Quakers, —

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

[Sect. 1.] That when and so often as it shall be found necessar}'
that a number of men should "be raised in the several towns in this
province for his majesty's service, and the quotas of such men assigned
to the several towns, counties or regiment [s] within th[e][As] province,
the inhabitants of the said island of Nantucket shall pay into the public
treasury of this province the sura of thirteen pounds six shillings and
eightpence for each and ever}- man that shall be assigned to them to
raise as aforesaid ; which monies shall be levied and collected on the
polls and rateable estates of the inhabitants of said island by the same
rules of law and in the same manner as the province tax is levied and
collected, and shall from time to time be added to their province tax in
the then next tax act.

Provided, nevertheless, —

[.Sect. 2.] That this act shall not be construed or understood to
extend to any persons who are not inhabitants of said island of Nan-
tucket, but it shall and may be lawful for the sheriff of the county of
Nantucket, or his deputies, and they are hereby severally required, to
take up and impress all such able-bodied and effective men, who are not
by law exempted from serving his majesty in the present campaign, who
may be found on said island, at any time before the levies of this prov-
ince for the same are compleated, and who have not resided on said
island before the twenty-eighth day of February last, and who shall not
appear with their respective regiments at the general muster by law
ordered to be held on the sixth day of April next. And such sheriff
or deputy sheriff shall give notice to the several colonel [l]s or chief
officers of the regiment in the county of Barnstable of all men thus
impressed by them or either of them, and deliver over said men to said
colonels or to such officers as they shall appoint to receive the same, or
to the colonel of any other regiment, or to such officer as he shall
appoint for that purpose, whiclisoever of them shall first appear to
receive said men. And each and every man so impressed shall be held
to the service in the same manner as if he had been inipress'[c]d by
the officer of the regiment to which he belongs : zinless he shall procure
an able-bodied, effective man in his room, or otherwise be excused by
the captain-general ; and such iinpress'[p]d person shall be accounted
part of the quota of the regiment and of the company in such regiment
whereto he belongs : provided, the colonel of such regiment, or his offi-
cer, or any other person whom he may appoint shall be timely there to
receive him.

[Sect. 8.] This act to be in force from the twenty-second day of
this instant March, for the space of two years, and no longer. [^Passed
March 15 ;• published March 22, 1759.

* March 28, according to the record.

[4Tn Sess.] Province Laws.— 1758-59. * IVl

CHAPTER 24.

AN ACT TO ENABLE THE WIDOWS OF SUCH NON-COMMISSION OFFICERS
AND SOLDIERS AS SERVED IN THE PAY OF THIS PROVINCE UNDER
THE GENERAL AND C0MMANDER-IN-C1I[EI][/£JF OF HIS MAJESTY'S
FORCES IN NORTH AMERICA, IN THE YEARS 17o7 AND 17o8, AND ARE
SINCE DECEASED INTESTATE, TO RECEIVE THE WAGES DUE TO SUCH
OFFICERS OR SOLDIERS WITHOUT ADMINISTRATION UPON THEIR
ESTATES.

Be it enacted by the Governo[it]r, Council and House of Representa-
tives,

[Sect. 1.] That it shall and may be lawful for the province treas- Treasurer to
urcr, and he is hereby directed to pay to the widow of any non-com- non-Mimmls."'
mission officer or soldier who served in the i)ay of this province under sion officers and
the general and commander-in-ch[ei][;>]f of his majesty's forces in due,'&c. ^^"^
North America an}- time in the years 1757 and 1758, and since deceased
intestate, the wages due to such officer or soldier, and the receipt given
by such widow shall be a discharge to the province treasurer, and such
widow shall not be liable to any action or suit for any sum received by
virtue of this act.

And be it further enacted,

[Sect. 2.] That if administration shall be granted upon the estate Judges of pro-
of any deceased officer or soldier whose widow shall have received his to makl^aik>w?
waaes by virtue of this act, the iudge of probate granting such adminis- ancetothe wid-

o ■ ' »/ cu 1- cj cj ows of iion-coni-

tration, shall, and he is hereby required, in passing upon the accounts mission ofSccrs
of the administrator, to consider and have regard to the sum so aud soldiers, &c.
received as an allowance, either in part or in whole, as such judge shall
think proper, of the necessar}^ implements of houshold stuff allowed
by law to widows in cases where provision is not otherwise made for
that purpose. \_Passed March 15 ;* published March 22, 1759.

CHAPTER 25.

AN ACT TO PREVENT SOLDIERS AND SEAMEN IN HIS MAJESTY'S SER-
VICE FROM BEINa ARRESTED FOR DEBT.

For the more speedy and effectual levying of soldiers, and to prevent I'roambie.
their being arrested for debt,— • nssliU'hap.'-u,

Be it enacted by the Governour, Council and House of Representatives, §§ i". is, i9.

[Sect. 1.] That no person who is or shall be engaged in his majes- Soldiers and
ty's service, and in the pay of this province, either as a non-commission m?j™8tywr!
officer, private soldier or seaman, shall, during his continuance therein, vico not liable to

uG urrcstcu*

be liable to be taken out of his majesty's service, b}' any process or

execution, unless for some criminal matter, for anj^ sum under the value

often pounds sterling, nor for any greater sum, until oath shall be Oath to bo made

made b}- the plaintiff or plaintiffs before one of the justices of the uces, Scc '

court out of which the execution or process shall issue, or before two

of the justices of the peace, quorum unus, in the count}' where the

plaintiff may happen to be, that, to his or their knowledge there is bond

fide due from such person as the process or execution is desired to issue

against, the sum of ten pounds sterling at least, and was due on the

• March 28, according to the record.

198

Pkovince Laws.— 1758-59. [Chaps. 2G, 27.]

Bodj of soldier f^r^i (jay of Maich, instaiit ; and everj- non-commission oflScer, private
tobcjucLargcd. solilicr OF Seaman, whose body, coutraiy to the intent of this act, shall
be arrested by mean process or execution after his engaging in said
service, may and shall be set at libert\' by two justices of the peace,
quoriivi unus, in the county where such non-commission officer, private
soldier or seaman is taken, upon applicatioa made by him or his supe-
rior officer, and proof of his being entred into the service aforesaid.

Provided, nevertheless, and it is the true intent and meaning of this
act, —
ProviM. [Sect. 2.] That no such non-commission officer, private soldier or

seaman as aforesaid shall have his person exempted from arrests for
any sum or sums due for the publick taxes for the j'ear one thousand
seven Inindred and fifty-eight, anything in this act to the contrary- not-
withstanding.

[Sect. 3.] This act to be and continue in force from the seventeenth
day of Marcli instant, to the first day of November next, and no
longer. {^Passed March 17 ;* published March 22, 1759.

LimiUtloD.

CHAPTER 26.

AN ACT PROVIDING FOR THE SUPPORT AND MATNTAINANCE OF SUCU
FRENCH PRISONERS AS MAY BE TAKEN OR SENT IN BY THE PROV-
INCE SHIP KING GEORGE.

Preamble. Whereas this government were at great expence in supporting such

French prisoners as were in and belonged to the several prize ships
taken l)y the ship King George the last j'ear, and the commander, offi-
cers and seamen belonging to said ship rec[ie][ej]ved the whole benefit
and advantage of said prizes over and above the pay allowed them b}'
tiie province, and as it is but just and reasonable that the French pris-
oners taken by said ship King George should be maintained out of the
captures made by her, —

Be it enacted hij the Govprnour, Council and House of Representatives,
ExpciiBcof That from and after the publication of this act, and during the con-

CnuiVi'iror sent tinuancc of the jirescnt war witli France, the whole expence of the sup-
p \i"Ja l^'^'^ **"'' inaintainance of all prisoners brought or sent into this province
that shall hereafter be taken Iiy said ship King George, privateers ex-
cepted, shall 1)0 |)aid out of the iiroduee of the prizes, goods or effects
taken by said shi|), and tlie commander, officers and seamen belonging
to iier and intitled to said produce shall he answerable for such expence.
[Passed March M ;• published March 22, 1759.

Ill by tlio iirov.
Iiici! ulilp King
OcofKc to i)o
pnl'l oil' of tbo
pruiliicv uf llio
prizes.

CHAPTER 27.

AN ACT FOR FTIRTHKR CONTINUING THE ACT fE] [/INTITULED "AN ACT
niOVlDINO FOR THE RKCErTION AND ArC0M[3r|0DAT10N OF HIS MA-
JESTY'S FORCES WITHIN THIS PROVINCE."

rMug''''h WJIKKEAS an act made and passed in the present year of his majesty's

. o •?• • reipi, ititlt[u]led " An Act providing for the reception and aceom[??j.]o-

datioD of his majesty's forces within this province," is near expiring,—

* March 28, according to the record.

[4Tn Sess.] Provinck Laws.— 1758-59. 199

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

That the before mentioned act, and every article, clause, matter and aii matters and
thing therein contained, is hereby continued, and it shall be and remain in'iluci'aJt'to'be
in full force until the first day of June, one tliousand seven hundred and coiuinuud tm
fifty-nine, and no longer. [^Passed March 28 ; published March 22,* "°° '
1759.

CHAPTER 28.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF FORTY-
SIX THOUSAND POUNDS.

Whereas this court have agreed to raise four thousand six hundred Preamble,
men to co-operate with his majesty's forces for the reduction of Canada, Bee chap. 21,
and it is necessary that there be a speedy supply of money for the levy- '*"'®'''°'' °°''^-
ing and cloathing the same, —

Be it enacted by the Governour, Council and House of Representatives,
[Sect. 1.] That the treasurer of this province be and he hereb}^ is Treasurer em.
directed and impowered to borrow from such person or persons as shall i-'ow £46,000!'°'"*
be willing to lend the same, a sum not exceeding the sum of fort3'-
six thousand pounds, in Spanish mill'd dollars, at six shillings each, or in
coined silver, sterling alloy, at six shillings and eightpence per ounce ;
and for the sum so borrowed, the treasurer shall give a receipt and
obligation in the form following ; viz^^'^., —

Province of the Massachusetts Bay, the day of , 1759. Form of trcaa.

Received of the sum of , for the use and service of "■"'^'■'^ receipt,

the province of the Massachusetts Bay ; and in behalf of said province, I do
hereby promise and oblige myself and successors in the oflice of treasurer,
to repay the said or order, the day of ,

one thousand seven hundred and , the aforesaid sum of ,

in coined silver, of sterling alloy, at six shillings and eightpence per ounce,
or in Spanish miH'd dollars, at six shillings each, with interest at the rate
of six per cent per annum.

Witness my hand, H. G.

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

And be it farther enacted,

[Sect. 2.] That the aforesaid sum of fortj^-six thousand pounds,
when received into the treasury', shall be issued out bj- the governour
or commander-in-chief, by and with the advice of the council, in the
manner and for the purposes following; vizW., the sum of thirty* thou- £30,000 for pay.
sand pounds, part of the said sum of forty-six thousand pounds, for "lUi^ted 'men?
the paying the bounty to the men that shall inlist on or before the
sixth day of April next for the expedition against Canada, pursuant to
the order of this court ; and the further, sum of nine thousand pounds, £0,000 foi com.
part of the afoi'esaid sum of forty-six thousand pounds, shall be applied bursements'.^&c
for the payment of the commissary's disbursements in purchasing neces-
sary supplies for the forces that shall go in said expedition, hiring of
vessels and transporting goods; and the further sum of two thousand £2,ono for pay.
pounds, part of the aforesaid sum of fortj'-six thousand pounds, shall wCT^^toIhe ^1*°
be applied for the payment of the forces that were sent on the alarm ijffof Fort Wii-
for the relief of Fort William Henry, in the year one thousand seven ""° '^"'^'
hundred and fifty-seven ; and the further sura of two thousand pounds, £2,000 forbiring
part of the aforesaid sum of forty-six thousand pounds, shall be applied ^"Quakers!""™

* According to the printed acts.

200

Province Laws.— 1758-59. [Chap. 28.]

f5.

Tax (trantcd of
£50,000.

£32,000 In 1759.

£18.000 in 1760.

Rule for nppor-
tioriini; a tax in
caKc Ml) tax act
Khali bo agreed

Fiiiiil.

tSnlr* or •priirl-
llrn kIvcii liy I he
1ri'n"iirrr t'l l)p
<ll<rh:)ru<i| iMIl

of Iho pnrllv

for the payment of the several captains of the militia such sums of money
as they sliall employ in hiring men to go into the said expedition in the
room of Quakers, pursuant to the directions of an act made in the
present year of his majesty's reign, intituled " An Act for the speedy
levviag of soldiers in the intended expedition against Canada " ; and the
further sum of three thousand pounds, t!ie remaining part of the afore-
said sum of forty-six tliousaud pounds, shall be applied for the payment
of the billeting of the men that shall be raised for said expedition,
until they shall receive the king's provision.

And as a fund and security to enable the treasurer to discharge the
obligations by him given in pursuance of this act, —

Be it enacted,

[Sect. 3.] That there be and hereby is granted to his excellent
majestv, a tax of fift}' thousand pounds, to be levied on polls and
estates within this province ; and that thirt3--two thousand pounds,
p^rt of the aforesaid sura of fifty thousand pounds, according to such
rules and in such proportions as shall be agreed upon and ordered
by the general court of this province on or before the first da}' of
October, one thousand seven hundred and fifty-nine, and to be paid
into the publick treasury on or before the second da}' of June, one
thousand seven hundred and sixty ; and the sum of eighteen thousand
pounds, the remaining part of tlie said sum of fifty thousand pounds,
according to sucli rules and in such proportions on the several towns
and districts aforesaid, as shall be agreed on and ordered by the gen-
eral court at their sessions in May, one thousand seven hundred
and sixty, and to be paid into the publick treasury on or before
the twentieth day of June, one thousand seven hundred and sixty-
one.

And be it further enacted,

[Sect. 4.] That in case the general court shall not, before the first
day of October, one thousand seven hundred and fifty-nine, and before
tlic twentiotli day of June, one tliousand seven hundred and sixty,
agree and conchidc upon an act apportioning the sums which by this
act arc engaged to be in eacli of said years apportioned, assessed
and levied, tliat then, and in such case, each town and district within
tliis province sliall pay, by a tax to be levied on the polls, and estates
l)()lh real and personal, within their limits, the same proportion of the
said sums as the said towns and districts were taxed by the general
court in the tax act then last preceeding.

[Skct. 5.] And the province treasurer is hereby fully impowered
and directed, sometime in the month of October, one thousand seven
luindred and fifty-nine, and in the month of June, one thousand seven
hundred and sixty, to issue and send forth his warrants, directed to
the selectmen or assessors of each town and district witliin this
province, requiring tliom to assess the i^olls, and estates both real and
personal, within their several towns and districts, and for their respec-
tive parts and proportion of the sums before directed and engaged to
be assessed, to be paid into the pnblic[k] treasury at the aforementioned
times ; and the assessors, as also jjcrsons assessed, shall observe, bu
governed by, and subject to, all such rules and directions as have been
given in the last prece(>ding tax act.

An<l as a further fund to enable the treasurer to discharge the receipts
and obligations aforesaid by him given in pursuance of this act, —
lio it further eiKirtcd,

[Skct. (I.] That when the treasurer shall receive the money granted
by lln' parliaJUfMit of (;roat Hritain to this province in the year one
th )Msan<l seven hundred ami tiay -eight, who is hereby fully authorized
ami impowered to receive the same, or any part thereof, from any per-

[4th Sess.] Province Laws.— 1758-59. 201

son or persons that shall bring the same into the government, it shall °l?P^ry ^rant
be applied by said treasurer, or so much thereof as shall be needful, for
discharging such obligations, with the interest that shall be due thereon
in pursuance of this act, and the overplus, if any there be, to remain
as a stock in the treasury.

ProvidecU always^ anything in this act notioitJistanding, — Proviso.

rSnCT. 7.1 That in case the money aforesaid shall arrive from Great incise the

T-. • • ,1 • -1 • . . 1 • i 1 /. J 1 r. , money sIiouUl

Britain, and be received into tlie province treasur}' on or before the first bu rccHvc.i on
day of October, one thousand seven hundred and fifty-nine, and shall firsrday''of'°
be sufficient to repa}' the suras engaged for by virtue of this act, and October,
shall be sufficient for discharging the obligations given bj* the treasurer
in pursuance of this act, then, and in such case, the several taxes which
otherwise by this act are ordered to go forth, shall be and hereby are
declared to be null and void.

[Sect. 8.] But if the sum that shall be received from Great Britain Further proviso,
shall not be sufficient for the discharging the obligations given by the
treasurer and interest thereon, in pursuance of this act ; then, and in
such case, the tax or taxes ordered b}' this act shall go forth only for a
sum to make good the deficiency. {^Passed March 26 ;* published
March 22,t 1759.

CHAPTER 29.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON SPIRITS
DISTILLED AND WINE, AND UPON LIMES, LEMMONS AND ORANGES.

"We, his majesty's most loyal and dutiful [1] subjects, the representatives Preamble,
of the province of the Massachusetts Bay, in general court assembled,
being desirous to lessen the present debt of the province, have chear-
fuUy and unanimously granted, and do hereb}- give and grant unto his
most excellent majesty, for the end and use above mentioned, and for
no other use, an excise upon all rum and other spirits distilled, and
upon all wines whatsoever, and upon lemmons, limes and oranges, to be
raised, levied and collected, and paid in manner and form following: —

And he it accordingly enacted by the Governo^^u^r, Council and House
of Rejjresentatives,

[Sect. 1.] That from and after the twenty-fifth day of March, one Time of this
thousand seven hundred and fiftv-nine, and until the twenty-sixth ance.*'''"''""'
day of March, one thousand seven hundred and sixty, every person
already licenced, or that shall be hereafter licenced, to retail rum or
other spirits distilled, or wine, shall pay the duties following : —

For every gallon of rum and spirits distilled, eightpence.

For every gallon of wine of every sort, twelvepence.

For every hundred of lemmons or oranges sold, eight shillings.

For ever}' hundred of limes sold, three shillings.
— And so proportionable for an}- other quantit}- or number.

And be it further enacted,

[Sect. 2.] That every retailer of rum, wine or spirits distilled, Account8tob«
taverner, innholder and common victualler, shall, on the twenty- ^ ^°'
sixth day of March, one thousand seven hundred and fifty-nine, take
a just and true account, in writing, of all wine, rum and spirits distilled
then by him or*her, or in his or her possession ; and that every person
who shall be hereafter licenced to be taverner, innholder, common

• March 23 according to the record. f According to the printed acts.

202 PiiOviNCE Laws.— 1758-59. [Chap. 29.]

victualler and retailer of wine, rum or spirits distilled, shall take a
like account of all wine, rum and other spirits distilled b}- him or
her, or in his or her possession, at the time of such licence granted ;
and that every taverncr, innholder, common victualler and retailer of
rum or other spirits distilled, or wine shall make a fair entr}', in
a book bv them respectively to be kept for that purpose, of all such
rum or other spirits distilled, or wine, as he or she, or any person
or persons for him or her, shall buy, distill, take in or rec[ie][e/]ve
after such first account taken, and when and of whom the same was
bought and taken in ; and at the expiration of every half year shall
take a just and true account how much thereof then remains by them ;
and shall, in writing, under their hands, render to him or them that
shall collect the duties aforesaid the whole of those several accounts,
and shall also make oath, in the form following, before such collector
or collectors, who are hereby impowered to administer the same : —

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

""'''• host of your knowledge, a just and true account of all wines, rum

anil distiilod spirits, you had l)y you, or in your possession, on the twenty-
sixth day of March, one thousand seven hundred and fifty-nine, and also
of all the wine, rum and other distilled spirits bought, distilled, taken in
or rec[ie][ct]ved by you, or by any person or jicrsons for or under you,
or by or with your knowledge, allowance, consent or connivance, and that
there still remains thereof in your possession unsold, so much as is in
this account said to remain by you unsold; and that you do not know or
believe that there hath been by you, or by any other person or persons
for or under you, or by your or their order, allowance, consent or conniv-
ance, either directly or indirectly, sold, used or consumed any wine, or any
liquor for, or as, wine; any rum or distilled spirits, or liquor tor, or as, rum
or distilled spirits ; or that there hath l)een any limes, lemmons or oranges
sold l)y you, or by any person or persons for or under you, or by your
order, 'consent, [or] allowance or connivance, used in making punch, or other-
wise for sale, since the said twenty-filth day of March, one thousand seven
hundred and fifty-nine, besides what is contained in the account by you
now rendered. So help you God.

r.nnity for roi. — j,nd cvcrv collector of the excise who shall recrieir<'nve anv account
nr.ouiiiH Willi, from any person in consequence of this act, without their making oath
oiuoiiiii. ^^^ ii,^, same as aforesaid, sliall forfeit and pay for the use of the govern-

ment the sura of twenty pounds.
Jlei** ** '"^ ''"■ [SixT. .3.] And for every person that was not licenced on the same
twiMity-fiflli day of March, the form of the oath shall be so varied as
that, instead of expressing the day aforesaid, the time of taking and
rendering their last account shall be inserted and used ; and for every
person rendering an account after the first, the oath shall be so varied,
as that inst('a<l of expressing the day aforesaid, the time of taking and
rendering their last accounts shall be inserted and used,
ciiiw-i.!" '''° [•'>K<-T. 4.] And every such taverner, innholder, retailer and com-

mon victualler shall pay the duties afin'esaid to him or tlieni that shall
collect the same, or the whole of the several articles mentioned in such
account rendered, sdviini only for such part thereof as remains in their
hiwirrrirT' k' ''•""''^ unsold: praridcdy nevorlhclcsa, tiiat for leakage, ttc, ten per
Btfp. ' <'cnt shall be allowed lliom on all licpiors in such account mentioned,

liesides wiiat remains in their hands unsold.
.liid be it further nntrli'd,
i1.'«!v"»k'.imi?' ['"^kct. T).] That «'very person hereafter licenced to be taverner, inn-
hojfler. common victualler or retailer of any wine, rum or spirits distilled
shall, within thirty days after such licence granted, aiyl before he or
she sell l)y virtue of the same, not only become bound to keep good rule
and order, as by law is already reqiured, but shall also become bound,
with sufllcient sureties, by way of recognizance, to his majesty, for the

[4th Sess.] Province Laws.— 1758-59. 203

use of this government, in a suflTicient sum, to be ordered by the court
that grants the licence, which sum shall not exceed three hundred
pounds nor be less than fifty pounds, conditioned that they shall keep
and render the accounts aforesaid, and pay the duties aforesaid, as in
and by tliis act is required.

And be it farther enacted,

[Sect. 6.] That every such taverner, innholder, common victualler Forfeiture for
and retailer, who shall neglect or refuse to take, keep and render such "n'f amirciiauT.
accounts as by this act are required, or that shall neglect or refuse lugaccoum.
to take the oath aforesaid, shall forfeit and pa}-, to him or them
that shall collect the duties aforesaid, double the sum which the court of
general sessions of tlie peace in that county shall adjudge that the duties
of excise upon the liquors, limes, lemmons and oranges by such tav-
erner, innholder, common victualler or retailer, or by any for, by or under
him or them, sold, used or consumed would have amounted to ; and no
persons shall be licenced b}' the justices of the general sessions of the
peace.who have not accounted with the collector, and paid him the excise
aforesaid, due from such person at the time of his or her taking or
renewing his licence.

And ivhcreas, notwithstanding the laws made against selling strong Preamble,
drink without licence, man}- persons, not regarding the penalties of
said acts, do rec[ie] [c/] ve and entertain persons in their houses, and sell
great quantities of spirits and other strong drink, without licence ; by
reason whereof great debaucheries are committed and kept secret, and
such as take licences and pay the duties of excise therefor are greatly
wronged, and the government thereby defrauded, —

Be it therefore enacted,

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

And whereas some doubts have arisen whether the lending or deliver- Preamble,
ing rum, brandy or other spirits distilled, or wine to others, for their
use, upon agreement or confidence of having the like liquors returned
again, be a sale thereof; wherefore, for removing all such doubts, —

Be it enacted,

[Sect. 8.] That all rum, brandy and other spirituous liquors and i-iqnors lent or
wine, lent or delivered to others for their use, upon such like considcra- laii^consiaera'^'
tion, is, and shall be deemed and taken to be, an absolute sale thereof; ','°"*'j'"'
and that every person not licenced as aforesaid, that shall order, allow,
permit or connive at the selling any rum, brandy or oHier distiir[r']d
spirits, or wine, contrary to the true intent and meaning of this act, by
his or their child or children, servant or servants, or any other person or
persons in or belonging to his or her house or family, shall be deemed
and taken to be the seller of such liquors, and be subject to the afore-
said pains and peoalties provided against such oflfendera, and shall be

20-1 Province Laws. — 1758-59. [Chap. 20.]

PtotUo. recovered in like manner : provided, that if it shall be made to appear that

the liquors lent or delivered as aforesaid, shall have had the duties paid
upon them, or were purchased of any person or persons having licence
or permit, the person lending or delivering the same, as aforesaid, shall
not be subject to the aforesaid pains and penalties.
Preamble. And u'Jte reo s d'lvcrs other persons than those licenced to sell rum and

other distilled spirits by retail, have heretoforesuppl[y] [i']ed persons em-
ploved by them in the fishery, building ve3sel[l]s, and in other bu[i]s[/]-
ness, with rum and other liquors, without paying any excise thereon, and
thereby have defrauded the government of the duty of excise, and have
not been subject to the penalty provided by law against selling drink
w'ithout licence, and the same practice will probably be continued,
unloss effectual care be taken to prevent the same, —
Be it therefore further enacted,
Fenona not 11- [Sect. 9.] That all pcrsous HOt licenccd, as aforesaid, who hereafter
fnelho'eom-*' fihall, by themselves, or by another person or persons under them, or
fll^iiefiKlVr'-'^"' ''•^' tbt'ir order, allowance or connivance, supply any person or persons
&c., withflpirit. employed by them in tlic fisher}-, building of vessel[l]s, or any other
be decmcd^cu- bu[i]s[/]ness or employ, with rum or other distilled spirits, or wine, shall
«"• be deemed and taken to be sellers of such liquors, and be subject to

the aforesaid pains and penalties provided against persons selling any
of the liquors aforesaid without licence, and shall be recovered in like
manner, unless they make it appear that such wine, rum or other dis-
tilled spirits, was purchased of a taverner, innholder or retailer, or other
person or persons that had licence or permit to sell the same.
And be it further enacted,
One witneuR nuf. [Sfxt. 10.] That when any person shall be charged with selling
TicUon."'^ *^°° strong drink without licence, one witness produced to the satisfaction
of the court or justice before whom the trial is, shall be deemed suffi-
cient for conviction. And when and so often as it shall bo observed
that there is a resort of persons to houses suspected of selling strong
drink without licence, any justice of the peace in the same county, shall
have full power to convene such persons before him, to examine them
upon oath concerning the persons suspected of selling or retailing
strong drink in such houses, out-houses or other dependencies thereof;
and if upon examining such witnesses, and hearing the defence of such
suspected person, it shall appear to the justice there is sufficient proof
of the violation of this act by selling strong drink without licence,
judgment may thereupon be made up against such person, and he shall
forfeit in like manner as if process had been commenced by action
or information before the said justice ; or otherwise said justice may
bind over the person suspected, and the witnesses, to the next court
of general sessions of the peace for the county where such person shall
dwell.

And be it further enacted,
Pcnttity for iipii. [Sect. 11.] Tliat when and so often as any person shall be charged

IngiitrnMii drink _.S ii- "•. i • i .., . ,. . '^ t ,•

I.I tuKri.c, inu. ^I'li Selling Rtroiig drink without licence to any negro, Indian or
uiUii«,ko. inollato slave, or to any child or other person under the age of dis-
cretion, and other eireuinstanees concurring, it shall appear to be highly
probal>lr in the judgment of the court or justice before whom the trial
Hliall be, tliat, the person complained of is guilty, then, and in every
Buel) case, unless the defendant shall accpiit him- or herself upon oath
(to be udininiHtred to iiim or her by liie court or justice that shall try
tlie cause) , such defendant shall forfeit and pay four pounds, one third
to the informer, tiie other two thirds to the collector of excise for the use
of the government, anrl costs of [uoseeution ; but if the defendant shall
ne(|iiit him- or herself upon oath as aforesaid, the court or justice may
aud shall cuter up judgment for the defend[an]' to recover costs.

[4th Sess.] Provtnce Laavs. — 1758-59. 205

And be it further enacted,

[Sect. 12.] That if any person or persons shall be summoned to Penalty on per.
appear before a justice of the peace, or the grand jury, to give evidence live uvWcnce.^"
relating to an}' person's selling strong drink without licence, or to appear
before the court of general sessions of tlic peace, or other court proper to
try the same, to give evidence on the trial of any person informed
against, presented or indicted for selling strong drink without licence,
and shall neglect or refuse to appear, or to give evidence in that behalf,
every person so offending shall forfeit the sum of twenty pounds and
cost of prosecution ; the one half of the penalty aforesaid to be to
his' majesty for the use of the province, and the other half to and
for the use of him or them who shall sue for the same as aforesaid.
And when it shall so happen that witnesses are bound to sea before the
sitting of the court where any person or persons informed against, for
selling strong drink without licence, is or are to be prosecuted for the
same, in every such case, the deposition of any witness or witnesses, in
writing, taken before any two of his majesty's justices of the peace,
quorum unus, and sealed up and delivered into court, the adverse party
hav[e]ing first had notice, in writing, sent to him or her, of the time
and place of caption, shall be esteemed as sufficient evidence, in the law,
to convict any person or persons offending against this act, as if such
witness or witnesses had been present at the time of tr[y][i]al[l], and
given his, her or their deposition viva voce; and every person or per-
sons who shall be summoned to give evidence before two justices of the
peace, in manner as aforesaid, and shall neglect or refuse to appear, or
to give evidence relating to the facts he or she shall be enquired of[f],
shall be liable and subject to the same penalt}' as he or she would have •
been by virtue of this act, for not appearing, or neglecting or refus-
ing to give his or her evidence before the grand jury or court aforesaid.

And be it further enacted,

[Sect. 13.] That all fines, penalties and forfeitures arising by How fines, &c.,
this act shall and ma}' be recovered by action or information, before ered.° ''^'"^^^'
any court of record proper to try the same ; and, where the sum
forfeited doth not exceed four pounds, b}' action or information before
any one of his majesty's justices of the peace in the respective coun-
ties where such offence shall be committed : which said justice is
hereby impower'[e]d to try and determine the same. And said justice
shall make a fair entrv or record of all such proceedings : saving always
to any person or persons who shall think him-, her- or themselves
aggr[ei][«e]vcd b}' the determination of said justice, liberty of appeal
therefrom to the next court of general sessions of the peace to be holden
for and within said county, at which court such offence shall be finally
determined : provided, that in the same appeal the same rules be
observed as are already required by law, in appeals from justices, to the
court of general sessions of the peace : saving, only, that the recognizance
for prosecuting the appeal shall be eight pounds.

Be it further enacted,

[Sect. 14.] That every collector shall settle all acco[mp][?/7i]ts Collector to eet-
relating to said excise in the several towns of the county where he is * " "ccounu.
collector, first giving seasonable and public[A] notice of the time and
place or places where said bu[i]s[j]uess shall be transacted.

And be it further enacted,

[Sect. 15.] That there be one or m(#e collectors in each county Collectors of the
appointed by the general court, or courts of general sessions of the pohiud'by Uie'
peace, where it shall happen that such collector refuse to accept said general court,
office, or be removed by death or for mismanagement, to take charge
of this duty of excise, who shall have full power to inspect the houses
of all such as are licenced, and of such as are suspected to sell with«

206 Piiovrs-CE Laws. — 1758-59. [Chap. 29.]

out licence, which collectors shall be upon oath to take care of the exe-
cution of this law, and to prosecute the breakers of it.

[Sect. 1G.] And every collector of the excise in any county may
substitute and appoint one or more deput}- or deputies under him, upon
oath, to collect and receive the excise aforesaid which shall become due
in said county, and pay in the same to such collector, which deputy and
deputies shall have, use and exercise all such powers and authorities
as, in and b}" this act, are given or committed to the collector for the
better collecting the duties aforesaid, or prosecuting offenders against
this act ; for the doings of such deputies, the collectors, respectively,
shall be accountable.

[Sect. 17.] And the said collectors shall carefull}' examine the
accounts of every licenced person in their respective counties, and
demand, sue for, and receive the several sums due from them by this
act, and shall give in the name of every licenced and permitted person,
and an account under their hands, of the particular sums they receive,
and of whom received, unto the treasurer upon oath ; which oath the
treasurer is lierebj- inipower'[e]d and directed to administer in the
words following ; viz^^'^. , —

Formoftho You, A. B., do swear that this is a just and true account of the excise

°""' upon all wine3, rum and distilled spirits, limes, lommons and oranges by

you received or secured to be jiaid you in tlie county of ;

and that the persons by whom such excise was paid or secured to be paid to

you, were sworn in manner and form as by law is prescribed. So help vou

"God.

Coiicctori! to FSect. I.S.] And at the time of receiving any money, the said col-

for cviry sum Icctor shall givc tsvo rcccipts of the same tenor and date, mentioning
received. what sum or sums they liave received from any tavorner, innholder,

common victualler or retailer ; one of which receipts to be by the said
taverner, innholder, common victualler or retailer returned to the court
of general sessions of the peace within their respective counties, at the
next session of such court, and the clerks of said court shall, within
twenty days after receipt thereof, transmit the same to the treasurer or
receiver-general.

[Sect. ID.] And such collectors shall i)ay in to the public treasury
of this prc)vince all such sums as the}- shall receive within six months
from tiie date of their commission, and so from time to time within
the space of six months, as long as they shall continue in such office,
on pain of forfeiting the reward given such collectors by this act, who
shall be aIlow'[f']d, in the county of Sutfollc, one and a half per cent;
in the counties of Essex and Middlesex and Plymouth, two per cent,
and in the other counties, three per cent on all money by them col-
loTi'il'IrrH-'flre" Icctcd and paid into the treasury, as aforesaid : each collector, before
for ini.i.- iiic. he enters into the said ofTice to give bond, for treble the sum that it was
'".'owMninniS^ fann[e]'d for, in the respective counties, in the year one thousand
'"'■• seven hundred and fifty-seven, to the treasurer of this province, for

the time being, and his successors in said oMice ; which bond shall be
executed before the next court of general sessions of the peace in the
respective counties alter such appointment, where the said collectors
live, or before two of his majesty's justices of the jieace in the respective
counties, one to be of the qHoruvi (one of the said justices to return the
certificate to the clerk of the sessions withiiv thirty days as aforesaid)
and be transmitted to the tieasurer of the province l)y the clerk of the
peace within such comity, within three months after the bond is exe-
cuted ; and the said treasurrr shall put in suit the bonds of all such
collectors who shall neglect to make due payment within fifty days
nOer either of tlu> times of paxment.
Avtl hf if finihir cum-triL
lnr'iorl''o["dr'im- {.'^^■^^^ ■ -'^O 'I'l'^t lu casc any collector of the excise as aforesaid,
uc« offciiaing. or his deputy, sbali, at any time during their coutiuuauce in that

Collector!' fees.

[4th Sess.] Province Laws.— 1758-59. • 207

office, wittingl}' and willingly connive at, or allow an}' person or per-
sons in their respective divisions, not licenced b}- the court of general
sessions of the peace, their selling any wine, nim or other liquors by
this act forbidden, such collector or deputy, for every such offence,
shall forfeit the sum of fifty pounds and cost[.s] of prosecution ; one
half of the penalty aforesaid to be to his majest}- for the use of this
province, the other half to hiin or thera that shall inform and sue for
the same, and shall be thenceforward forever disabled for serving in
said office : saving, that said collector may give a permit to any person to
sell rum or other spirits distilled, or wine, in quantity from twenty-five
gallons and upwards, agreeable to this act.

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

[Sect. 21.] That if any taverner or retailer shall sell to any other Proviso,
taverner or retailer anj' quantity of whatever distilled liquors and
wine, such taverner or retailer, selling as aforesaid, shall not be held to
pay such duty, but the taverner or retailer who is the purchaser shall
pay the same ; and the seller as aforesaid shall and hereby is required
to deliver to the collector of this duty a true account of such liquors
sold as aforesaid, and to whom sold. •

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

Be it enacted,

[Sect. 22.] That from and after the twenty-fifth day of March, Duties to bo
one thousand seven hundred and fifty-nine, to the twenty-sixth day of nquorfimported
March, one thousand seven hundi'ed and sixty, upon all rum and other °red'"'"*^*'^^
distilled spirits, and all wine, irapoi'ted and manufactured, and sold
for consumption within this province, there be laid and hereby is laid
the duty of excise following ; viz"^'^., —

For every gallon of rum and spirits distilled, eightpence ;

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

And be it further enacted,

[Sect. 23.] That every person that shall import any of the liquors Liquors not to
aforesaid, or to whom any of them shall or may be consigned, shall be i!iipo«erf&c!',
and hereby is prohibited from selling the same, or any part thereof, witiiout a per-
without having a permit so to do from the collector of excise, or his
deputy. And every person distilling or manufact[o][M]ring any of the
said liquors, and every person owning or possessing any of them,
excepting such as are or may be licenced by the court of general
sessions of the peace, as aforesaid, shall be and hereby are prohibited
from selling the same, or any part thereof, without having a permit so
to do from the collector of excise, or his deputy, on forfeiture of
fifty pounds, and of the value of the liquors so sold ; and the said
permit shall express the particular county where the said liquors shall
be permitted to be sold, and if any person who shall have such permit
shall sell and deliver, or cause to be sold and delivered, any of the
liquors aforesaid from any other county not mentioned in such permit,
be shall forfeit four pounds, to be paid, one third to the prosecutor, and
the other two thirds to the collector for the use of this government.

Provided, nevertheless, —

[Sect. 24.] That the impost officer, and his deputy, shall be and Proviso,
hereby are respectively impowered to grant a permit for selling the
liquors aforesaid, or any of them, to any person applying for the same,
until [1] a collector be appointed in each county, respectively, to whom
the duty or excise shall be paid as aforesaid, and until [1] the collector
shall give public notice of his appointment as aforesaid. And the said
impost officer, and deputy, shall transmit to the collector of each

208

Province Laws. — 1758-59.

[Chap. 29. J

Collector apply-
ing to a Justice
for a warrant,
may Hcarch for
liqilorH sup.
pu.-cMl to be COD.
ccalvtl.

Proviso.

Pomoni bnx'Ing
P'rmll n« nforc.
calil, to rcmliT
nil nrrnuiil to
llii' rollcotor nt
itic I'liil of ovrry
Jinlf yrnr, miv.
Ing, kc.

count}' an account of the permits by each of them respectively granted
to persons living in such county.

And be it further enacted,

[Skct. 2;").] That if the said collector or his deput}', shall have infox'raa-
tion of any place where an}' of the liquors aforesaid shall have been sold
by any person not having permit, as aforesaid, he may apply to anj- jus-
tice of the peace within the countv, for a warrant to search such place,
and said justice shall grant such warrant, directed to some proper offi-
cer, upon said collector or deputy's making oath that he hath had inform-
ation as aforesaid, and that he hath just cause to suspect the liquors
aforesaid, or some of them, have been sold at such place informed
of as aforesaid, and having such warrant, and being attended by such
officer, the said collector, or his deputy, ma}', in the day-time, between sun-
rising and sun-setting, demand admittance of the person owning or
occupying such place, and upon refusal, shall have right to break open
said place, and finding such liquors, may seize and take the same into
his own custody ; and the collector aforesaid, or his deputy, shall be
and hereby is impower'[e]d to command assistance and impress car-
riages necessar}'»to secure the liquors seized as aforesaid ; and persons
refusing assistance or preventing said officers from executing their
office, shall forfeit five pounds to his majesty, for the use of the prov-
ince ; and the said collector, or his deputy, shall make reasonable satis-
faction for the assistance afforded, and carriages made use of, to secure
the liquors seized as aforesaid ; and the collector, or his deputy, shall then
file an information of such seizure in the infcriour court of common pleas
for the county wherein such seizure shall be made : which court shall
summon the owner of such liquors, or the occupier of the shop, house,
warehouse or distil[l]-house where the same were seized, to appear and
shew cause, if any he hath, why the said liquors so seized should not be
adjudged forfeited ; and if such owner or occupier shall not shew cause
as aforesaid, or make default, the said liquors shall be adjudged for-
feited, and the said court shall order them to be sold at public vendue, and
the ne[t][a]t produce of such sale shall be paid, one third to the prose-
cutor, the other two thirds to the collector for the use of this govern-
ment.

Provided, —

[Sect. 2').] That if the liquors seized as aforesaid be less in quan-
tity than one hundred gallons, the collector, or his deputy, shall file an
information thereof with one of the justices of the peace within the
county where the seizure shall be made, who shall summon the owner
or occupier aforesaid in manner as aforesaid, and if such owner or
occupier shall not shew cause, or make default as aforesaid, he shall
adjudge such liquors forfeited, and shall order them to be sold as
aforesaid, and tlie ne[t][a]t produce of such sale to be dispos'[e]d
of as aforesaid : saving to the person convicted liberty of appeal, he
entring into recognizance to the king, for the use of the province, in
the sum of fifty pounds.

And be it furllicr onacled,

[Skct. 27.] Ti>at every person having permit as aforesaid, shall, at
the end of eatrh half year, respectively, from the twenty-fifth day of
March, one thousand seven lunidred and fifty-nine, be ready to render
to the collector nfircsaid, or his deputy, an account, on oath, of all
the liquors aforesaid by him or her, or by any person or persons
in his or her behalf, sold ; and also of all the aforesaid liquors by him or
her imported, distilled or manufactined, or which have eome into his or
her possession since the twcnty-liflli day of March aforesaid, except the
same were bought of a licenced person in a quantity less than twenty-
five gallons, which in his or her family have been consumed or expended

[4Tn Sess.] Province Laws.— 1758-59. 209

within each half year, respectively : which account shall express the
number of gallons of eacli kind of the liquors so sokl and consumed :
and shall pa^' therefor to the said collector or his dei)uty the duty afore-
said, excepting for so much as shall have been sold to taverners, inn-
holders or retailers having licence from the sessions as aforesaid, or to
an}' other persons having permit as aforesaid, and so much as shall
have been exported out of this province ; and if any of said liquors
shall have been sold to persons licenced b}' the sessions, or to persons
having permit, said account shall exhibit the names of such licenced
persons who purchased, and persons having permit, and time when they
purchased the same ; and the persons accounting shall exhibit a certifi-
cate under the hand of the licenced or permitted person purchasing,
which shall express the number of gallons, and the kind of the liquors
purchased, and the time when the same was purchased, and the name
of the town and county wherein such licenced or permitted person lives,
and shall lodge the said certificate with the said collector or his deputy ;
and for the quantity of said liquors mentioned in such certificate, the
said collector or his deputy shall not demand any dut}', but shall deliver
said certificate to the collector of the county wherein such licenced or
permitted persons, signing the same, lives : which last-mentioned collector
or his deputy shall settle with such licenced or permitted person for the
duty aforesaid which may be due from him or her.

[Sect. 28.] And if any person having a permit or licence as afore- Persons having
said, shall ship or export any of the liquors aforesaid out of this province ?!^Xto"|ive'an"
in a quantity not less than thirt}' gallons, and shall make an entry thereof nccoimtof Uq-
with the collector aforesaid, or his deputy, and shall produce to such "cnt oiu of°the
collector or his deputy, when he comes to settle his account of excise, one P'"''''""^^-
of the receipts or bills of lading given therefor by the master of the
vessel[l] on board which such liquors shall be shipped (or if it shall be
carried out of the province b}' land or in small boats, then of the per-
son who is master of the land-carriage or boat) expressing the quantity
thereof and the time of their being shipped, and shall lodge such receipt
or bill of lading with the collector or his deputy aforesaid, and at the
same time shall swear that such liquors are bond fide sent, or intended
to be sent, out of the i)rovince, he or she shall not be held to pay
thereon the duty aforesaid.

TSect. 29.1 And if anv person not having permit or licence sliall Persons not hav.

*.■ *. ij *■ in<y permit to

purchase for exportation out of this province any of said liquors in a rcmieranac-
quantity not less than thirty gallons of a person having permit or "^°""'' ^'^*
licence, the purchaser shall make entr}' with the collector or his
deputy, and at the same time swear that such liquors are bond fide
sent, or intended to be sent, out of this province, and shall within
ten days after shipping the same deliver one of the receipts or bills
of lading given for such liquors, as aforesaid, to the person of whom
he purchased the same, or be subject to pay the amount of the duty
thereon to the person of whom he purchased the same as aforesaid,
who shall pa}' such duty to the collector or his deputy ; but if the
purchaser aforesaid shall deliver such receipt or bill of lading as afore-
said, and it be lodged with the collector or his deputy, then, for the
quantity of said liquors mentioned therein, the collector or his deputy
shall not demand any duty.

[Sect, .'lo.] And if the master of any vessel[l], or any other person. Penalty for ma»-
shall give such certificate, receipt or bill of lading, without receiving the gwtng'^certmoata
liquors mentioned therein, or if any person shall procure such certifi- wiuiout roceiv.
cate, receipt or bill of lading, with design to defraud the government, '' ^

and shall be thereof convicted, they and each of them shall forfeit
and pay the sum of one hundred pounds ; two thirds for the use of
this government, and the other third for the use of the prosecutor.

o-jo Province Laws. — 1758-59. [Chap. 29.]

And if any such certificate, receipt or bill of lading shall be forged,
counterfoiied or altered, the person forg[e]ing, counterfeiting or alter-
ing shall incur[r] the penalty of one hundred pounds.
Provided, nevertheless, —

ProviBo. [Sect. 31.] That the person having permit as aforesaid, shall not

sell an}' of the liquors aforesaid in a quantity less than twenty-five
gallons (to be sold and delivered to one person at one time), unless he
or she hath licence from the court of general sessions of the peace, as
aforesaid, on pain of incurring the several fines and penalties in the
former part of this act laid upon those persons who sell the liquors
aforesaid without licence.
Be it further enacted.

Collector to ^vo [Sect. 32.] That the collector aforesaid, or his deput}', when the

pcnauy.'^°° exporter shall make an entr}- with him as aforesaid, or shall make an
entry with hira and swear as aforesaid, shall give to said exporter a
certificate of such entry, or a certificate of such entr^- and oath, on
penalty of one hundred pounds for the use of the exporter.
Aiui be it further enacted,

ppfBonB nppiy- [Sect. 33.] That every person applying to the collector or his

i'')1'[vc bond. * deputy, or to the impost oflicer or his deputy, for a permit, shall give
bond, for the use of this province, with or without sureties, in a sum
not exceeding two humlrcd pounds, nor less than twenty pounds, at the
discretion of tlie collector or impost ofBcer, conditioned for the pay-
ment of the excise that shall become due according to the account to
be exhibited by such person taking such permit; and no person shall
have such permit of the collector or impost officer until [1] he hath given
such bond.

Prcirabie. And v'hereas the importer of any of the liquors aforesaid, or the

person to whom they shall be consigned, may intend the same either
for sale or for his or her own private consumption, in which case such
importer or consignee is not sufficiently held by any preceeding part of
this act to pay the duty or excise aforesaid ; wherefore, in order to la}-
said duty or excise in as equal manner as may be, —
Be it enacted,

Pcroonn Import- [Skct. 34.1 That cvcry person that shall bring or import into this

ins liquors for "- . -.i t i i j. • ' i» n i- i-

private con- provmcc, cithor by land or water carriage, any of tiie liquors afore-
H.imption, ic, f^jii,] cither for sale or private consum|)tion, shall, within twenty-lour

to rrndcr Qc- in ,■,.■■,,

roiintthtrcof to liours, pay or secure to the collector the duties or excise due thereon;

the collector. l)iit in casc such importer or consignee be licenced or permitted, then
he shall be held only to report the same to the collector of excise, and at
the end of each half-year, respectively, shall make out an account ex-
pressing the kind and full quantity of the liquors aforesaid, imported
or consigned as aforesaid ; and when the account is rendered to the col-
lector or his deputy, it shall be upon oatli, and such iiniiorter or con-
signee shall pay to the said collector or his deputy, on the liquor or
liquors mentioned in said account, the duty of excise afores[o/]d,
deducting ten per cent for leakage; and in case of failure herein, the
offender shall pay a fine of four pounds, and treble duty or excise on
the quantity so imported or brought in, one third of which shall be for
the use of the province, the other two thirds for him or her that shall
inform and sue for the same.

Ooiioctormny I Skct. 3.').] And if Said collector or his deputy shall have reason to

npplvlolwo ' , -^ p, . . . ,. i . .1 • -,1

jn.:ir,„f„rii sM pect Huy pcrson of bringing or importing into tins province, eitiier
hlMnijyVn.'po'rt '*-^ laud.or Water carriage, any of the liquors aforesaid, without having
iM r.i.im uiving a enler'[^]d the same and secured the duties or excise aforesaid, the
^•^.rnrcount, j,,jj,j (.,,llcetor may apply to two of the next justices of the peace to
such suspected person, and within the county where he lives, and on
making oath tiiat he so suspects such person said justices shall issue a

[4Tn Sess.] Province Laws. — 1758-59. 211

process under their hands and seals, directed to the sheriff or his
depot}-, or constable, requiring him to summons such suspected person,
and oblige him to give security to the amount of one hundred pounds,
to appear and answer and respond tlie judgment that shall be given on
the premises ; and in case such person shall not give such security, to
bring him before such justices at the time that said justices in such
process shall appoint ; and when the parties shall be before them, the
said justices shall examine into the cause of complaint ; and if it
shall appear, either by confession of the party, or by the evidence of
one credible witness, that he or she, or any one on his or her behalf, has
imported, or has had any of the liquors aforesaid consigned to him or
her, without having entered the same and secured or paid the duty or
excise as aforesaid, such suspected person shall then render a full
account, on oath, of the kinds and quality of the liquors imported or
consigned as aforesaid, and shall pa}' on such liquors, or give security .
to pay the aforesaid fine of four pounds, and treble duty or excise as
aforesaid, one third for the use of this government, the other two thirds
for the informer and prosecutor, and costs.

[Sect. 36 .] And said justices are hereby impowered to make up judg-
ment and award execution accordingly : provided^ the said fine and
treble damage exceed not six pounds, then said justices shall bind
the offender to answer his offence at the next court of general sessions
of the peace for the county where the offence was committed, and such
offender shall enter into recognizance, with two sufficient sureties, to
answer for his offence, in the sum of fifty pounds ; and any person or
persons upon refusing to render such account and paying as aforesaid,
shall forfeit fifty pounds, one third for the use of the prosecutor, the
other two thirds for the use of this government, in lieu of such fine
and treble duty, to be recovered as is hereafter provided in this act.

[Sect. 37.] And if no confession be made by such suspected per-
son, and no evidence produced as aforesaid, and it shall appear to the
justices before whom the same is tryed that there is sufficient ground of
suspicion, the suspected person may then clear him- or herself from the
complaint aforesaid, by taking an oath in the form following : —

You, A. B., do swear that you have not, directly or indirectly, either by your- Form of the
self, or any person in your behalf, imported into this province any rum, °^"'*
spirits distilled or wine, and that you have not had any of said liquors directly
or indirectly consigned to you, but what you have paid, or secured to be
paid, the duty or excise agreeable to an act of this province, made in the
thirty-second year of his majesty's reign, iutit[w]led " An Act for granting
unto his majesty an excise upon spirits distilled, and wine, and upon limes,
lemmons and oranges." So help you God.

— which oath the said justices are hereby impower'[e]d and required
to administer.

[Sect. 38.] And if such suspected person shall refuse to take said Penalty for re.
oath, and shall neglect to appear upon the citation aforesaid, he or she [iJe'oath! *^°
shall pay the cost of citation, and shall forfeit the sum of fifty pounds,
one third for the use of the prosecutor, the other two thirds for the use
of this government, and costs of prosecution ; but if such suspected
person shall take the said oath, the costs of citation or warrant shall
be paid by the collector or his deputy, respectively, who .•ippl[y'][«>]d
for such citation or warrant ; who shall also pay to the person cited or
apprehended, and taking said oath, the sum of twenty shillings ; and
in case any person shall be served with the process aforesaid, in man-
ner aforesaid, and shall not appear according to the tenor thereof, said
justices shall make a record thereof, and the security taken by the
sheriff or his deputy, or constable, as aforesaid, shall be deemed for-

212 Province Laws.— 1758-59. [Chap. 29.]

feited, and the same by said collector may and shall be put in suit in
any court proper to try the same, and the sum recovered shall be divided,
one third to his majesty for the use of this province, and the other two
thirds to such collector.
And be it further enacted,
Collector to [Sect. 30.] That the collector, or his deputy, shall be and hereby

oTipciIauy'!'"'' i^ oblitred to grant a permit, under his hand, to every person appl}--
ing for the same, on penalty of two hundred pounds, to and for the use
of the person making application ; which permit shall be in the form
vizC'i.,—

Form of the per- You, A. B. of C, in the county of D., are hereby permitted to sell rum and

mlt. other distilled spirits, and wine, or any of said liquors, within the county of

, until the day of , cue thousand seven hundred

and sixty, pursuant to an act of this province, made in the thirty-second

year of his majesty's reign, intit[w] led " An Act for granting unto his majesty

an excise upon spirits distilled, and wine, and upon limes, lemmons and

or-anges." Dated at C, this day of , 175 .

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

Fee for a permit. And for sucli permit the said collector or deputy shall be [i] [e]ntit[?t]led
to rcc[ie][e/]ve twopence, and no more ; and the like sum for an entry
made with him, and the like sum for a certificate given by him.
And be it further enacted,
Collector to [Sect. 40.] That the collector of excise, either b}' himself or his

racl^8'o"ap^r'° '^'-'l'"^yi shall kccp au office in each seaport town within his county,
town, &.C. where he or his deput}' shall give his attendance on ever\- Thursday,

from nine o'clock in the morning to twelve at noon, to grant permits,
rec[ie][ei]ve entries, give certificates, &c.
Provided, —

[Sect. 41.] That in the town of Boston such an office shall be
kept, and attendance given on ever}- day. Lord's day only excepted,
within the iiours aforesaid, of each of said days, respective!}-.
Provided, also, —

[Sect. 42.] That the said collector or his deputy, on application
made, shall at any other time grant permits, rec[ie][e(]ve entries, and
give certificates aforesaid.
Preamble. And whereas persons not belonging to this province may import the

ii(juors aforesaid, and take permit to dispose of the same, and may go
out of the province before the time comes about when persons selling
said litpiors are held to account with the collector, and i)y that means
may avoid paying the dut}' upon what has been so disposed of; for
preventing whereof, —
fie it cnartid,
ivr«)nii iraporu [Sect. 4".] That evcry person importing the liquors aforesaid, and
I.Von!illIid'io''^ve 'M't'lving to the collector" or his deputy for a permit to sell the same,
•>"'"*• shall give bond to said collector in a sum not exceeding two hun-

dred pounds, nor less than twenty- pounds, with or without sureties,
at the disciclion of the collector, that he will render to said collector
or his deputy an account, on oatii, of the kintl and full cpiantity of
i\w. licpiors afoie><aid sold liy him, or by any person or persons on his
beliaif, and tiiat he will pay tiiereon the duty or excise aforesaid before
he leaves the province; and if such person shall ivfuse to give such
bond, the said collector or his deputy shall not be obliged to grant him
a permit, anylliing in this act to the contrary notwithstanding; and if
such person shall sell any of the li(piors aforesaid without permit, he
shall be subject to all the penalties that other persons selling without
permit are subject to ; or if sucii person shall give bond as aforesaid,
and shall leave the province before such bond be discharged, the col-

[4tii Sess.] Pkovinch Laws.— 1758-59. , -213

lector may bring his action on said bond against the surety or sureties,
for the recovery of the sum in such bond mentioned, whicli shall be,
one third for the use of the prosecutor, the other two thirds for the use
of this government.

Be it further enacted,

[Sect. 41.] That no person shall be exempted from any military D.puty coiiecu
duties by means or on account of his being appointed a deputy collector "ury duties."''"
of the duties of excise of spirituous liquors, but shall, to all intents and
purposes, be liable to train, be im[)resscd and perform every other
military duty, as if such person had not been appointed a deputy col-
lector as aforesaid. .

Be it further enacted,

[Sect. 4.'.] That all persons who took out permil[t]3 in the pre- ah persons who
ceeding 3'ear, and do not renew the same, shall, at the end of each half {icfij^c'to''"n"^
year from and after the twenty-sixth day of March next, and until the I'quors, and
twenty-sixth day of March, one thousand seven hundred and sixty, the same, t."ac.
render to the collector or his deputy that shall or may be appointed in duties Uiereof
the respective counties by virtue of this act, an account, on oath, of all
liquors remaining in their hands and consumed in his, her or their fami-
lies during the continuance of this act, and pa}' the duties herein im-
posed, deducting ten per cent for leakage, upon penalty of fifteen
l)Ounds, one half to the informer, the other half to and for tlie use of
this province.

Be it further enacted,

[Sect. 46.] That ever}' person that has been or may be appointed Collector of the
collector of the duties aforesaid, who shall import into this province or toaccountfor**
shall have, by consignment or otherwise, or shall sell or dispose of any "'i-wine, &c.,
■wine, rum, or spirits distilled, limes, lemmons or oranges, or shall use eumed by them,
or consume the same, such collector shall take, keep and render a like
account thereof, upon oath, to the province treasurer, who is hereby im-
powered to administer the same in the form by this act prescribed, and
pa}' to him the like duties thereon as such person so appointed collector
would otherwise have been held and obliged to have taken, kept, ren-
dered and paid to the collector of the duties aforesaid ; and that the
same be done in like manner and time, and under the like pains and
penalties, as by this act in such cases is provided.

Be it further enacted,

[vSect. 47.] That all fines, penalties and forfeitures, arising or How fines, &c.,
accruing by any breach of this act, and not otherwise api)ropriated, acrarf t'<fbe'cUs.
shall be, two thirds to his majesty. Ibrthe use of this government, and posed of.
the other third for the use of the prosecutor ; to be recovered by
action or information in any of his majesty's courts of record. \_Passed
March 20;* published March 22, 1759.

CHAPTER 30.

AN ACT FOR CONTINUING THE ACT FOR ESTABLISHING AND REGULAT-
ING THE FEES OF THE SEVERAL OFFICERS WITHIN THIS PROVINCE.

Be it enacted by the OovevTiol^u^r, Council and House of Represent-
atives,

That the act made and passed in the thirtieth year of his present maj- iT56.57,chap.30.
esty's reign, intituled "An Act for establisliing and regulating fees of ah matters in

J o ■> o o o the aforecited

* March 28 according to the record.

214 ' Province Laws.— 1758-59. [Ciiap. 30.]

•cttobe conUn- the several ofBcers within this province," and every clause thereof, and

junil'iTaT "' every matter and thing therein contained, be and hereby is and shall

be continued to the tenth day of June next, and from thence to the

end of the then next session of the general court, and no longer.

[^Passed March 26 ;* published March 221, 1759.

• March 28, according to the record. t Endorsement on the engrossment.

[5th Sess.] Pbovinoe Laws. — 1758-59. 215

ACTS

Passed at the Session begun and held at Boston,
ON the Eleventh day of April, A. D. 1759.

CHAPTER 31.

AN ACT IN ADDITION TO AN ACT, INTIT[C7]LED "AN ACT FOR THE
SPEEDY LEVYING OF SOLDIERS FOR AN INTENDED EXPEDITION
AGAINST CANADA," MADE IN THE THIRTY-SECOND YEAR OF HIS
PRESENT MAJESTY'S REIGN.

Whereas in and by an act, intit[u]led " An Act for the speedy levy- Preamble,
ing of soldiers, for an intended expedition against Canada," it is, 1758.59, chap. 21,
among other things, enacted, that in every company in which there are
any of the people called Quakers, liable to be impressed, the captain
or chief officer of such company is therein impowered and required to
engage and employ a sum, not exceeding thirteen pounds six shillings
and eightpence per man, in order to hire into the service so many men
as by said act would have been liable to bo impressed from such people
called Quakers, in a due proportion to the other part of his company,
which sum of thirteen pounds six shillings and eightpence is found by
experience to be insufficient for the purpose aforesaid, —

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

That the captain or chief officer of such companies, in which there Captain or chief
[are] any of the people called Quakers, be hereby impowered and ".^y^c'omp^i'ni'Js
requiretl, on or before tlie seventeenth da}' of May next, to engage and aiiowea to a.i-
eniploy a further sum, not exceeding five pounds, in addition to said d'mon uTl' 13 6«.
sum of thirteen pounds six shillings and eightpence, for the purpose in StZ. aimuiy
said act mentioned, the sums so cng.Tgcd to be paid out of the public hiring men in
treasury upon an account thereof exhibited to and allowed b}- the gov- '•«« of Quakers,
crnour, with the advice and consent of the council, and to be levied upon
the people called Quakers, born both upon train-band and alarm-list,
in such manner as is provided in said act for lev3-ing the sum of thir-
teen pounds six shillings and eightpence per man. \_Passed April 24 ;
•published April 25, 1759.

CHAPTER 32.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF TWENTY-
TWO THOUSAND POUNDS.

"Whereas this court have agreed to raise the further number of Preamble,
fifteen hundred men by inlistment, to co-operate with his majesty's

216

PiioviNCE Laws. — 1758-59.

[Chap. 32.]

Trcafluror era-
powcrcd to bor-
row £22.000.

forces for tlic rciluction of Canada, and it is necessary that there be a
speedy supply of money for the levying and cloathing the same, —

Be it enacted by the Governo[iC]r^ Council and House of Represent-
atives,

[Sect. 1.] That the treasurer of this province be and he hereby is
directed and impowcred to borrow from such person or persons as shall
be willing to lend the same, a sum not exceeding twent3--two thousand
pounds, in Spanish mill'd dollars, at si.K shillings each, or in coined
silver, sterling alloy, at six shillings and eightpence per ounce.

[Sect. 2.] And for the sum of nine thousand pounds so borrowed,
the treasurer shall give a receipt and obligation iu the form following ;

Form of trens-
nrer'B receipts.

£20.000 f.)r
lioiiiity to en-
lihliil incti ami
roTultliiK oQl.
ocrs.

Tux irriintrd of
£34,100

Province of the Massachusetts Bay, the day of , 1759.

Received of the sum of , for the use and service of the

province of the IMassachusetts Bay; and in behalf of said province, I do
hereby promise and oblige myself and successors iu the office of treasurer,
to repay the said or order, the sacoud day of June, one

thousand seven hundred and sixty, the aforesaid sum of ,

in coined silver, of sterling allo3% at six shillings and eightpence per ounce,
or in Spanish milTd dollars, at six shillings each, with interest at the rate
of six per cent per annum.

Witness my hand, H. G.

[Sect. 3.] And for the remaining sum of thirteen thousand pounds
the treasurer shall give a receipt and obligation in the form following ;
vizC'^.,—

Province of the Massachusetts Bay, the day of , 1759.

Received of the sum of , for the use and service of the

pronnce of the Massachusetts Bay; and in behalf of said province, I do
hereby promise and oblige myself and successors in the offica of treasurer,
to repay the said or order, the second day of June, one

thousand seven hundred and sixty-one, the aforesaid sum of ,

in coined silver, of sterling alloy, at six shillings and eightpence per ounce,
or in Spanish railTd dollars, at six shillings each, with interest at the rate of
six per cent per annum.

Witness my hand, II. G.

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

And be it further enacted,

[Sect. 4.] That the aforesaid sura of twent3'-two thousand pounds,
•when received into the treasury, shall be issued out b}' the governor or
coininan<ler-in-chi('f, by and with the advice of the council, in tlic manner
and for the pur[)ose3 following; x'v/y^. : The sum of twenty thousand
pounds, part of tlu^ said .sum of twenty-two thousand pounds, for the
l)aying llic bounty to the men that shall inlist on or before the tenth
day of !May next for the expedition against Canada, as also the allow-
ance voted by this coiM't to recruiting ofTicers, pursuant to grants
that arc or shall l)e made by this court; and the furtlier sum of two
thousand pounds, part of the aforesaid sum of twenty-two thousand
pounds, sh.all be applied for the payment of the commissary's disburse-
ments in purchasing necessary supplies for the forces that shall go in
said expeiiition, hiring of vessels and transporting goods, pursuant to
grants for that purpose which arc or shall l)c m.adc by this court.

And as a fund and security to enable the treasurer to discharge the
obligations by him given in pursuance of this act, —

lie it endcted,

[Sk(,t. 5.] That there be and hereby is granteil to his most excel-
lent majesty, a lax of twenty-four thousand one hundred pounds, to be
lovlcd on polls and estates within this province ; and that nine thousand

[5th Sess.] Province Laws.— 1758-59. -JIT

five hundred and forty pounds, part of the aforesaid sura of twenty-four
thousand one hundred pounds, be levied on the several towns and dis-
tricts within this province, according to such rules and in such propor-
tions as shall be agreed upon and ordered by the general court of this
province on or before the lirst day of October, one thousand seven hun-
dred and fifty-nine, and to be paid into the public [k] treasury on or
before the twentieth day of April, one thousand seven hundred and
sixt}' ; and the sum of fourteen thousand five hundred and sixt}- pounds,
the remaining part of said sum of twenty-four thousand one hundred
pounds, according to such rules and in such proportions on the several
towns and districts aforesaid, as shall l)c agreed on and ordered by the
general court in their sessions in May, one thousand seven hundred and
sixty, and shall be paid into the publick treasury on or before the last
da}' of March, one thousand seven hundred and sixty-one.

And be it further enacted,

[Sect. 6.] That in case the general court shall not, before the first uon^/^thJTaT
da}- of October, one thousand seven hundred and fifty-nine, and before in case no tax
their sessions in May, one thousand seven hundred and sixty, and in l^rcedon.'^
their sessions in May, sometime befi^re the twentieth of June, one thou-
sand seven hundred and sixty, agree and conclude upon an act appor-
tioning the sums which b}^ this act are engaged to be in each of said
years apportioned, assessed, and levied, that then, and in such case, each
town and district within this province shall pay, b}- a tax to be levied
on the polls, and estates both real and personal, within their limits, the
same proportion of the said sums as the said towns and districts were
taxed by the general court in the tax act then last prececding.

[Sect. 7.] And the province treasurer is hereb}- fully impowered
and directed, sometime in the month of October, one thousand seven
hundred and fifty-nine, and in the month of June, one thousand seven
hundred and sixty, to issue and send forth his warrants directed to the
selectmen or assessors of each town and district within this province,
requiring them to assess the polls, and estates both real and personal,
within their several towns and districts, for their respective parts and
proportion of the sums before directed and engaged to be assessed, to
be paid into the public[k] treasury at the aforementioned times ; and
the assessors, as also persons assessed, shall observe, be governed by,
and subject to, all such rules and directions as have been given in the
last preceeding tax act.

And ivhereas, humble trust and dependance is had by the general
assembly on a reimbursement of the charges arisen on account of the
expedition in one thousand seven hundred and fifty-eight, —

Be it further enacted,

[Sect. 8,] That in case such reimbursement be made, and the Proviao in case a
money shall arrive from Great Britain, and be received into the prov- g?:I„'r"i,ouid be
ince treasury on or before the first da}- of October, one thousand seven before'^th°'i8t^of
hundred and fifty-nine, and be sufBcient for discharging the obligations October, 1759.
given by the treasurer in pursuance of this act, then, and in such case,
the several taxes which otherwise by this act are ordered to go forth,
shall be and hereby are declared to be null and void.

[Sect. 9.] And if the sura that shall be received frora Great
Britain shall not be sufficient for the discharging the obligations given
by the treasurer and interest thereon, in pursuance of this act ; then,
and in such case, the tax or taxes ordered by this act shall go forth for
a sum to make good the deficiency, and for such sum onl}'. [^Passed
April 24 ; published April 25, 1759.

.^8

Peovince Laws.— 1758-59. [Chap. 33.]

CHAPTEK 33.

1603-4, chap. 7.

Proprietors of
latidH iii;reeing
to improve the
Hnineiiionccom.
iniiii if)rliisure,
i-iiipi>\vtrc'il to
iii:iKe rules for
tlic improve-
niunt of the
Bamc, &c.

Proviso.

LlmiUUon.

AN ACT IN ADDITION TO AN ACT INTITULED " AN ACT FOR REGULAT-
ING OF FENCES, CATTLE, &o."

Be it enacted by the Govemoljulri Council, and Hoxise of Representa-
tives,

[Sect. 1.] That when and so often as the proprietors of certain
tracts of land, so situated as that they have or do agree to improve the
same in one common inclosnre, they shall have it in their power, b}' a
major vote of the said proprietors, legally met (the votes to be reckoned
according to the interest of each voter), to make such rules relating to
the securing and improvement of the same, as they shall think just and
equitable ; and for that end, said proprietors shall annually meet
together sometime in the month of May this 3'ear, and in the month of
March in future years, during the continuance of this act ; and, fur the
calling said meetings, any one of the proprietors of such tracts of land
may apply to a justice of the peace, by a request in writing, under his
hand, setting forth the ends and business of such meeting ; such justice
is horeb3' required and authorized to issue a warrant to said proprietor,
directing him to post up a notification, in writing, in some publick place
in the town where said land lays, fourteen days before the time a.\>-
pointed for said meeting, setting forth the time, place, ends, and pur-
poses of said meeting, which shall be a legal warning. And all votes
passed b}- the proprietors then present relative to the matters and
things contained in said notification, and entred in a book b}' the pro-
prietor that called the meeting, he being under oath for that purpose,
shall be binding upon all the proprietors.

Provided, nevertheless,

[Sect. 2.] That when and so often as one or two men shall own the
greater part of the lands, [i][e]iK;losed, as above expressed, and he or
thoy shall pass such vote or votes at any meeting, as the minor part of
said proprietors do not agree to, the said minor part of said proprtetors
may apply to two justices of the peace, quorum iinus, within the county
in which such land l[y]['"]cs, for process, which justices are hereby
authorized to issue a writ of summon, directed to the proprietor or
proprietors who passed such vote or votes, requiring him or them to
ai)pear before the said justices fourteen days after the date of said sum-
mon ; and the said justices are hereby authorized and impowered to
hear, examine, and enter final judgment concerning the matter in con-
troversy, and award a writ of execution upon sucli judgment, returnable
to them in tliirty days from the date tin leof. And in case any of the
proprietors shall neglect seasonabl}' and sudiciently to make up his part
offence, he shall bo liable to the penalty by law provided to enforce the
proprietors of common fields to make and maintain tlieir fences ; and
in case any proprietor turn slock into said inclosure before the day
agreed upon hy the vole of the projirietors, or shall, after that day, turn
in more stock than his proportion, he shall be deemed a trespasser, and
his creatures so put in shall be proceeded with by at^y of the [)roprietors
as creatures taken damage feasant to all intents and purposes, as much
as tho' he owned no lands in said inclosure ; au}' law, usage, or custom
to the contrary notwithstanding.

[Skct. 3.] This act to continue and be in force for the space of two
years from the first day of May next, and no longer. [^Passed April
24 ; publislied April 25, 1769.

[5th Sess.] Province Laws.— 1758-59. 219

CHAPTER 34.

AN ACT IN ADDITION TO, AND FOR EXPLANATION OF, AN ACT, INTI-
TULED "AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE
UPON SPIRITS DISTILLED AND WINE, AND UPON LIMES, LEMMONS
AND ORANGES."

Whereas, in and by an act made and passed in tlie present session Preamble,
of the general court, intituled " An Act for granting unto his majesty an 1758.59, chap, 29,
excise upon spirits distilled aid wine, and upon limes, lemmons and '^'^
oranges," it is, among other things, provided, that every person, then
licenced, or that should be thereafter licenced, to retail rum or other
spirits distilled, or wine, shall pay a duty of eight shillings for every
hundred of lemmons or oranges sold, and a duty of three shillings for
every hundred of limes sold, and so proportionably for anj' other
quantity or number : whereu[)0u a doubt hath arisen, whether the duties
aforesaid are to be paid for an}- limes, lemmons and oranges other than
such as an}' taverner, innholder, victualler, or retailer shall have used
and consumed in making punch, or otherwise for sale, —

Be it therefore enacted by the Governo[u']r^ Council, and House of
Representatives,

[Sect. 1.] That the act aforesaid be so understood as that the Datiostobepaid
duties aforesaid shall be paid for such limes, lemmons and oranges &c.^on\y^^'^nTc
only as any taverner, innholder, victualler or retailer shall have used used in making
and consumed in making punch, or otherwise for sale ; and that every
taverner, innholder, victualler and retailer, shall render an account to
the collector of such limes, lemmons and oranges, and of such only.

And be it further enacted,

[Sect 2.] That the oath, to be admiuist[e]red by the collector to
every taverner, innholder, victualler and retailer, upon rend[e]ring his
account, shall be in the form following, and in no other : —

You, A. B., do swear that the account by you now rendered is, to the best Form of the
of your knowledge, a just and true account of all wines, rum and distilled mTilisu-r'Jd'by
spirits, you had by you, or in your possession, on the twenty-sixth day of the collector.
March, one thousand seven hundred and fifty-nine, and also of all the wine,
rura and other distilled spirits bought, distilled, taken in or received by
you, or by any person or persons for or under you, or by or with your knowl-
edge, allowance, consent or connivance, and that there still remains thereof
in your possession unsold, so much as is in this account said to remain by you
unsold ; and that you do not know that there hath been by you, or by any
other person or persons for or under you, or by your or their order, allowance,
consent or connivance, either directly or indirectly sold, used or consumed
any wine, or any liquor for, or as, wine ; any rum or distilled spirits, or liquor
for, or as, rum or distilled spirits; or that there have been any limes, lem-
mons or oranges, by you, or by any other person or persons for or under
you, or by your order, consent, allowance or connivance, used or consumed in
making punch, or otherwise for sale, since the twenty-fifth day of March,
one thousand seven hundred and fifty-nine, besides what is contained in the
account by you now rendered. So help you God.

— IPassed April 24 ; published April 25, 1759.

'220

Pbovince Laws. — 1758-59. [Chaps. 35, 36.]

CHAPTER 35.

Preamble.

Biiiidry lawfi ex-

pirc(l or near

cxpiriiii?, rt'viv-

c-(l and contlii-

ut<l.

1739-40, chap. 8.

1730-40, chap. 12.

1752-53, chap. 12.

Tlicir conllnn-
ance to 10th of
of June, 1766.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS THAT ARE
EXPIRED OR NEAR EXPIRING.

"Whereas the several acts hereinafter mentioned, which are now ex-
pired, or near expiring, liave been found useful and beneficial ; namely,
two acts made in the thirteenth year of his present majest3-'s reign :
the one intit['(]led " An Act for the effectual preventing of horses, neat-
cattle, slieep and swine from running at large or feeding upon a cer-
tain island called Phimb Island, lying in Ipswich Bay in the county of
Essex " ; the other intit[u]led " An Act in addition to the several laws
of this province relating to common roads and private ways " ; and one
act made in the twenty-sixth year of his present majesty's reign, inti-
t[?t]led "An Act for further regulating the proceedings of the court of
probate within this province," —

Be it therefore enacted by the Govemour, Council, and Souse of
Representatives,

That the two first-mentioned acts, which are near expiring, be and
thcj' hereby are, continued ; and that the last-mentioned act, which
is expired, with all and eveiy article, clause, matter and thing therein
contained, be and hereliy is revived ; and that all the said acts shall be
in force until the tenth day of June, in the year of our Lord one thousand
seven hundred and sixty-six, and" no longer. \_Passed April 24; pub-
lished April 25, 1759.

CHAPTER 36.

AN ACT IN ADDITION TO AN ACT, [E] [7]NTITULED "AN ACT FOR THE
EFFECTUAL PREVENTING THE CURRENCY OF THE BILLS OF CREDIT
OF CONNECTICUT, NEW HAMPSHIRE AND RHODE ISLAND WITHIN
THIS PROVINCE," MADE AND PASSED IN THE THIRTIETH YEAR OF
HIS PRESENT MAJESTY'S REIGN.

I'riamhic. WnEUEAS it frequently happens that persons who are entit[M]led to

1756.57, chap. 34, lake out writs of execution upon judgments b}' them obtained are
al)sciit out of this province, or employed in his majesty's service in
sucli parts of it as are very remote from the places where such judg-
ments are entred, and so cannot take the oath by law appointed to be
taken before executions are issued ; wherefore for remedy of these
inconvenicnc[i]e3, —

Be it enacted by the Govemo[^ii]r, Council and House of Representa-
tives,

[Sect. 1.] That when any person or persons shall be absent from
this province, or employed in his mnjesty's service in such parts
tliereof as are very remote from llie courts or places where tliey recover
jiid;,'nients, in all such cases it shall be lawful [1] for the clerks of the
superionr court of judicature, court of assize, and general goal deliver}',
and of tlieinferionr courts of comnion pU'as, or other court of law, to issue
writs of executions (when applied for) upon judg[e]ments recovered
by such person or i)ersons, as arc before mentioned, notwithstanding he
or ti)ey have not taken the oath ai>pointed to be taken, by an act made
and passed in the thirtieth year of his majesty's reign ; provided, never-
tliclcas, that before executions are issued as aforesaid, a certiOcate in

(.'li-rku of iho
roiirt* to liMUa
rxcTiillon to
prmoiiii Ix'InB
nii"riii from ine
priivliiiT, &c.

PtotUo.

fSxH Sess.] Provtxce Laws.— 1758-59. 221

writing, under the hand of any justice of the peace for any county in
the province, sliall be delivered to the clerk who issues the execution,
setting forth that at the date of said certificate the person or persons
on vphose behalf execution is ap[)ly'd for is then out of the province or
employ [e]'d in his majesty's service as aforesaid.

[Sk.ct. 2,] This [bill] [act'] to be in force till the last day of LimiiaUon.
March, one thousand seven hundred and sixty-two, and no longer.
IPassed April 24 ; published April 25, 1709.

CHAPTER 37.

AN ACT IN ADDITION TO "AN ACT RELATING TO EXECUTORS AND
ADMINISTRATORS."

Whereas some doubts and questions have arisen upon the construc-
tion of some parts of an act, intitlcd " An Act relating to executors and Preamble,
administrators," whether by force of the same, real estates of the testators 1:03.4, chap. 12,
and intestate[.s] ma}' be taken in execution for the satisfaction of the * ^'i^"- ''•'^•
judgments recovered against their estate in the hands of their executors
and administrators, and in what manner the same should be levied, and
whether executors and administrators, who by neglecting to raise mone\'
out of the assetts by sales of personal estate, or real estate if need be,
shall subject the estates of their testators or intestates to the cost and
loss that must attend such a method of paying debts, shall be deemed
guilty of waste or breach of trust, —

Be it enacted by the Governo^it'jr, Council and House of Represent-
atives^

[Sect. 1 .] That the real estates of an}* testators or intestates are Estates of tost.n.
and shall be liable to be taken and levied upon b}' an}' execution issu- [auV'ih^b'ic'tT
ing upon judgments recovered against executors or administrators in execution, scc.
such capacity, being the proper debts of the testators or intestates, 1719-20, chap. 9.
and that the method of levying, a[)prai[s][2]ing, recording, and right
of redemption shall be the same as by law is provided respecting other
real estates levied upon and taken in execution.

And be it further enacted,

[Sect. 2.] That when any executor or administrator shall neglect Neglect of ex©-
or unreasonably delay to raise money out of his testator's or intestate's miinstra'toM"
estate, by collecting the del)ts due to the estate, and selling the per- d(^<"'n'-''i waste,
sonal estate, or the real estate (if need be, and he has power or can
obtain leave to sell the same), or shall neglect to pay what he has in his
hands, and by such neglect or delay shall subject his testator's or intes-
tate's real or personal estate to be taken in execution, the same shall
be deemed waste in him and unfaithful [1] administration.

And tchereas, it sometimes may happen that the estate taken by Preamble,
execution as aforesaid, or sold by virtue of a licence from the superi-
o[?<]r court, has been specially devised by the testator to one or more
per.'^ons, who ))}• means of such levying or sale may be deprived of his
or their legacy or devise ; therefore, —

Be it further eintrted,

[Sect. 3.1 That whenever any testator in and by his last will and Real e»t.ite or
testament hath given or shall give any chatt[lc}[r/]s or real estate to tntor«tak.n in
any person or persons, and the same hath been or shall be taken in execu- bornep'ropor.''
tiou in manner aforesaid, or sold by order of the suiH-riour court, in uonabiy among
such ca.se all the other legatees, devisees or heirs shall refund their "^ ''^'^ ''^' *^
a\erage or proportionable part of such loss to such person or persons

222

Province Laws . — 175 8-5 9 .

[CiiAP. 38.]

from whom the bequest shall be so taken awa^-, and he or they shall
and ma}- maintain a suit or action to compel such contribution.
LimiuUon. [Sect. 4.] This act to continue and be in force for the space of

five years from the seventeenth day of April, one thousand seven hun-
dred and fifty-nine, and no longer. [^Passed April 24 ; published April
25, 1759.

OHAPTEE 38.

AN ACT FOR RAISING A FURTHER SUM OF MONEY BY A LOTTERY OR
LOTTERIES FOR COMPLEATING THE PAVEMENT OF THE NECK LEAD-
ING OUT OF THE TOWN OF BOSTON, CALLED BOSTON NECK.

Preamble.
1755-56, chap. 24.

Mosnrg. Joshua
lIcMBhaw, Jo-
Kcph .TiickHoii,
Thomn« dish-
ing, Hnmiicl
HcwoB, John
Bcollay, Benja-
min Austin, and
Andrew Oliver,
Junior, selcct-
mon of Uodion,
allowed and
cmpiiwered to
Hi up one or
nmru loiterles,
and how tlio
money raised
thereby shall be
disposed of.

Any three of
llii'in may botho
iniinnurrs or
directors.

Miinaacrs and
lliM«f einpliiycd
liy llirni li> be
aiider oulh, kc.

Whereas the great and general court at their sessions in January,
one thousand seven hundred and fiftj'-six, by an act pass'd impowerod
the then selectmen of Boston to raise by a lottery or lotteries the sum
of three thousand pounds, to be applied for pav[e]ing and repairing
said neck ; and whereas said sum has been accordingly raii^ed, and the
same expended for the purposes for which it was rais'[e]d so far as it
would extend, but it being insufficient to compleat and finish said
pavement and repair said neck 'till it meets with Roxbury bounds ;
for raising a sum sufficient for finishing said neck and paying the
charges of said lotteries, —

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

[Sect. 1.] That Mess[/eu]rs Joshua Henshaw, Joseph Jackson.
Thomas Gushing, Samuel Hewes, John Scolla}-, Benjamin Austin and
Andrew Oliver, Junr., or any three of them, be and they hereby are
allowed and impowered to set up and carry on one or more lottery or
lotteries, amounting in the whole to such a sura as, by deducting ten
per cent out of the same, or out of each prize or benefit-ticket, may
raise one thousand pounds, and no more ; and that said sum of one
thousand pounds, raised by the deduction aforesaid, be, by the persons
aforennmed, paid to the town treasurer of Boston aforesaid, within
Ion days after the saleof tlie tickets of said lottery shall be compleated :
wliich sum of one thousand pounds shall be applied towards finishing
and compleating the pavement of said neck, the walls on each side, and
gravelling and repairing the same : savincf so much of said sum as shall
be sufficient to defrey the necessary charges of the lottery or lotteries
aforesaid ; and to such other use as is hereafter mentioned.

And be it further enacted^

[Sect. 2.] That the persons aforesaid, or any three of them, be, and
the}' hereby arc declared to be, the managers or directors of eacii and
every of said lottery or lotteries, and are hereby impower'[*']d to
make all necessary nilc^, and use all necessary methods, to manage and
direct the same, until [1] the whole shall be fully compleateti and
finished.

And be it fnrthPT evaded,

[Sect. 8.] Tliat. each manager or director aforesaid, before his .act-
ing in that capacity, and also "all other persons employed about said
lottery or lotteries, sliall lie sworn to the faithful discharge of the trust
reposed in them; and saiil managers or directors are hereby required in
all tlieir proceeding.s relating to said lotterj' or lotteries, to conform to
the directions raentionccl in the aforerecited act pass'd in January, one
thousand seven hundred and fifty -six, and to keep a particular account

[5th Sess.] Province Laws. — 1758-59. 223

of their attendance, and have the same allowance as is therein men-
tioned.

And he it further enacted,

[Sect, 4.] That the owner or owners of any benefit-tickets shall not Owners of bono,
be entitled to the same unless the}' applj' within the time limit [^]od by Bonabiy map.
said act ; and if any person shall forge or counterfeit any ticket or tick- piyfortixHamo.
cts, to be made in consequence of Ihia act, or alter aii}' of the numbers Penalty for
thereof, or utter, vend, barter or dispose of any false, altered, forged [eraIi"h,gVck"'
or counterfeit ticket or tickets, or bring such ticket or tickets, know- ets, &c.
ing the same to be such, to tlie said directors, or any of them, or to
any person, with a fraudulent intent, every person or persons, being
thereof convicted, in due form of law, shall be punished either by
setting in the pillory, whipping, fine or imprisonment, at the discretion
of the court before whom the conviction may be, according to the nature
and aggravation of the offence ; and [^the'] said managers or directors
are hereb}' vested in ever}- respect with the same powers and author-
ities, as the managers or directors were b}' said act pass'[e]d in Jan-
uary, one thousand seven hundred and fifty-six.

[Sect, 5,] And the town of Boston are herebj' directed and ordered J°^" of Boston
to pave the bottom or lower end of Prince Street, in said town of Bos-
ton, leading to Charlestown Ferry, so far as may be convenient, the ex-
pence whereof shall be paid out of the monies rais'[e]d by virtue of this
act. ^Passed April 24 ; published April 25, 1759.

CHAPTER 39.

AN ACT FOR RAISING A SUM OF MONEY, BY A LOTTERY OR LOTTERIES,
FOR THE PAVING AND REPAIRING THE HIGHWAY IN ROXBURY, FROM
BOSTON LINE TO THE FOOT OF THE MEETING-HOUSE HILL, LEADING
TOWARDS DEDHAM.

Whereas the highway in the town of Roxbury, leading from Boston Preamble.
Neck, so called, to the foot of the meeting-house hill, in the same Rox-
bur}', towards Dedham, b}' reason of the great number of waggons and
other heavy carriages, passing over it, is frequently out of repair, not-
withstanding the great cost and espence the town of Roxbury has been
yearly at for repairing the same. And lohereas the paving of the same
highway is the most effectual method of repairing and keeping the same
in good order and condition, and will require a considerable sum of
monc}' to efiect it ; for the raising whereof, —

Be it enacted hytheG(werno\_u^r, Covnciland House of Representatives,
[Sect. 1.] That Messieurs Joseph Williams, Samuel Heath, Eben- Mossrs. Joseph
ezer Newell, Jeremiah Richards and Joseph Mayo, or an}- three of uci HeTih,*^"'"
them, be and hereby are allowed and impowered to set[t] up and carry E''cne7:ir New-
on one or more lottery or lotteries, amounting in the whole to such a uirbanirarri
sum as, b\' drawing or deducting ten per cent out of the same, or i'T'^^l^'Vf'
out of each prize or benefit-ticket, may raise one thousand six luuidred Roxbury, ai-
and sixty-six pounds tliirteensliillings and four|)cnce, and no more ; and JTowered'to*^™'
that the said sum of one thousand six hundred and sixty-six pounds carryonaiot-
thirteen shillings and fourpence, raised by the [d][rJediiction aforesaid, for'tbo pnrposen
be, by the persons above named, paid to the town treasurer of Roxl)nry [{jj^'ned.""''"'
aforesaid, within ten days after the sale of the ticket [t]s of said lotter}*
shall be compleatcd ; or, if the persons aforesaid shall think fit[t] to
raise said sum of one thousand six hundred and sixty-six [)ounds thir-
teen shillings and fourpence by more lotteries than one, then the mone^

024 Province Laws.— 1758-59. [Ciiap. 39.]

raised by each lotteiy, b}' the deduction aforesaid, shall, within ten
days after the tickets of cacli lottery, respectively, are sold, be paid by
them to the treasurer aforesaid ; which sum of one thousand six hundred
and sixty-six pounds thirteen shillings and fourpcnce, or whatever part
thereof shall be so raised, shall be appl[y][t]ed towards the paving
and repairing the highwav aforesaid ; saving so much of said sum as
shall l)c sufficient to defrey the necessary charges of the lottery or lot-
teries af )resaid ; and to no other use whatsoever, except in case of a
surplusage, as in this act hereafter mentioned.
And be it further enacted^
Any three of [Sect. 2.] Tliat the pcrsons aforcsaid, or anj' three of them, be, and

ihemmaybethe jjj^ . j^^g hcrcby declared to be, the juanagers or directors of each and

managers or ■' •' • i ^

directors. every of the said lottery or lotteries, and arc hereby impowered to make

all necessary rules, and use all necessaiy methods, to manage and direct
the same, till the whole shall be fully compleated and finished.
And he it farther enacted,
Saidmanagcrs [Sect. 3.] Tliat the s [at]'' managers or directors, With all- Convenient
{"k'trmake'''^ si)eed, after the sale of the tickets of said lottery, or of each lottery,
preparation for respectively, shall make preparation for the drawing the same, and shall
niiJ t^give^pub- gi^G uoticc iu the public prints, of the time and place of drawing, at
lie notice of the \qq.^i tcu days bef )re the said drawing begins, that any of the adveatur-
crs, if they think fit[t], may be present at the drawing ; and after the
said drawing commences, they, the said managers, ma}' adjourn from
day to day, till t!ic whole numbor of ticket [t]s of each lotteiy, respec-
tively, shall be drawn : provided the drawing of any one of said lotteries
continue not longer than fifteen days, exclusive of Lord's Days.
Managersdirect. [Sect. 4.] Aiulthc said luaiiagorsor directors shall make, or causc to be
cecolnlJ^!'^ ^'^°' in^de, a fair entry, in a book provided for that purpose, of all the tickets so
drawn, and of the blanks and prizes drawn, answering to said tickets, and
within ten days after the drawing of each lottery, respectively, shall be
finished, they shall cause a list of the benefit-tickets, expressing the
luimber and the amount of each of them, to be printed in the public[A;]
newspapers ; at the same time, in tlie said newspapers, notifying the own-
ers of such benefit-tic]<ets of the time and place when and where the}'
may apply for the payment of such tickets ; and if an}' contention or
dispute sliall arise in adjusting the property of any of the said benefit-
tickets, the major part of the nuinaga's shall determine to whom it doth
or ought to belong.

And he it further enacted,
nencniticketto [Sect. 0.] That the said benefit-tickets shall be paid off by the
liM'nmiiaK.r/ managers aforesaid witliin twenty days after the drawing of each lottery,
«iii.iii iw.i.iy rospcctively, is finished, upon a[)plicalion of tiie owner or owners of such
ing."" "^ ^'^^' tickets, and delixering them up to be cancelled ; and to secure the pay-
ment of su; h benefit-tickets to the owner or owners of them, the said man-
agers or directors, and their estates, are hereby held and subjected to
satisfy and make good the same, in like manner as they and tlieir estates
arc subjected ly law to satisfy and make gooil llieir oaii proper ilebts :
jrroridrd, tliat if the inoiuy in said managers' hands shall he lost by fire,
or any otiier cxtraordinaiy or unavoidalije accident, the said managers,
and tlieir estates, shall not. be so held an<l subjectecl.
And he it farther enacted,
Owncmof bon- [Sect. ().] That if the owner or owners of any benefit-ticket or tick-
ni.|.iyini{f.>r Ci^ Shall, lor tlic spac.c of one year after the drawing aforesaid, neglect
!!,',' 'I^rTi''^ '" 'f* ••>Pl>lv for the payment of suVh tickftril or tickc'thls, unless he, she
»bnil not ho on. or lli(y sliail liave been at sea and out of (he province for that term of
titled to Uio jjjjjQ ^,^,,,1 jjj ^uj.jj pj,,.j^(,„^ eigliteen months shall be allowed to produce
their tickets), he, slie or tiny sliall not be entitled to rec[ie][('/]ve the
same, but such ticket and tickets are hereby declared to be cancelled

[5thSess.] Pkovixce Laws.— 1758-59. 225

and of no value ; and the money in the hands of said directors, which
was to have been appl[y][/']ed to the payme:it of such ticlvet[t]s, shall,
after the expiration of the term aforesaid, be immediately paid to the
town treasurer of said Roxbury for repairing and keeping in repair the
highway aforesaid.

And be it further enacted,

[Sect. 7.] That each manager or director aforesaid, before his
acting in the capacity of manager or director, as aforesaid, shall take
the following oath ; viz"^'^., —

I, A. B., do swear that I will faithfully execute the trust reposed in me, Manager's, or
and that I will not use any indirect act or means to obtain a prize or benefit- '^'''cctor's oath,
lot for myself, or any other person whomsoever, and that I will do the utmost
of my endeavo[M]r to prevent any inidue or sinister practice to be done by
any person whomsoever, and that I will, to the best of my judgment, declare
to whom any prize, lot or tic'.et does of right balong, according to the true
intent and meaning; of the act of this province made in the thirty-second year
of his majesty's reign, intit[«]led '• An Act for the raising a sum of money by nss-so, chap. 39.
a lottery or lotteries, for the paving and repairing the highway in Roxbury,
from Boston line to the foot of the meeting-house hill, leading towards Ded-
ham." So help me God.

— which oatk shall lie administred by any justice of the peace in the

county of Suffolk; and every person or persons employed about the Persons em-

lottery or lotteries aforesaid, b^' the directors aforesaid, shall take an routry or*ioucr°

oath for the faithful[l] performance of his trust, to be administred by ies to be on oath.

any one or more of the directors aforesaid, who are hereby impowered

to administer the same.

And be it further enacted,

[Sect. 8.] That if the whole number of tickets of each lottery, incasethowhoie
respectivel}-, shall not be sold and disposed of b}' the said directors "u"in earh [ot^'
within six months after the publication of the scheme of each lottery, tery ehaii not be
respectively, it shall and maybe lawful for the town of Roxbury, if momhs.ifter
they think fit[t], to take the remainder of said tickets, undisposed of as fh^J'schcmc °thc
aforesaid to their own account ; provided, that within one month after town of Uo'x-
the public[k] meeting of said town, to be called for that purpose, a u"eTcni?umilfr*\o
sum of money be raised, and paid to the directors aforesaid, sufTicient their own ac-
to purchase the remainder of said tickets, which shall, in that case, be ° '
delivered to such person or persons as the said town shall appoint to
rec[ie][f'/]ve the same ; but if the whole of said tickets cannot be sold
within the term of six months aforesaid, and the town aforesaid refuse
to take the tickets remaining unsold As aforesaid, then the money
rec[ie][ci"]ved b}' the said directors for the tickets sold shall be by them
returned to the owners of said tickets, upon their delivering up their tick-
ets to the said directors, and the charges arisen shall be defrcyed by the
said town of R )xbury : provided, neoertheless, that the said managers
shall not hereby be prohibited from carrying on said lottery or lotteries
at any other time which the\- may judge suitable and convenient for the
same.

And be it further enacted,,

[Sect. 9.] That if the sum raised b}- means of this act shall be in rase of a gnr-
more than sufficient to pave and repair the highwa}' aforesaid, and BrlmcfhauTe'^''*
defrey the charges of the lottery or lotteries aforesaid, and pay the disposed of
managers aforesaid for their services, as hereinafter expressed, the
surplusage shall be appl[y][/]ed towanls the paving or repairing of
such street or streets or highways in the town of Roxbury as the said
town shall direct.

And be it further enacted,

[Sect. 10.] That if any person shall forge or counterfeit any ticket Penalty for per-
or tickets, to be made in cinsc(iuence of this act, or alter an}' of the ^""'^ o forge

•326 Province Laws. — 1758-59. [Cilvp. 39.]

or countorfcu numbers thereof, or utter, vend, iDarter or dispose of any false, altered,
Uckcia, &c forged or counterfeit ticlvet or tickets, or bring sucli ticket or tickets,
knowing tlie same to be such, to the said directors, or any of them, or
to any other person, with a fraudulent intent, ever}' such person or per-
sons, being tliercof convicted, in due form of law, shall be punished by
imprisonment, by being publickly whipped, or by being set in the pil-
lorv, at tlie discretion of the court before whom the conviction shall be,
according to the nature and aggravations of the offence.

[Sect. 1 1 .] And the said managers or directors, or any two of thera,
are hereby authorized and impowered to cause an}' person or persons
bringing out, or uttering such false, altered, forged or counterfeit ticket
or tickets, as aforesaid, to be apprehended and committed to close goal,
to be proceeded against according to law.
And be it farther enacted,
Manaiforsto [Sect. 12.] That the dircctors or managers aforesaid shall keep a

V(.'t'imeof'ihdr Particular account of the days of their attendance upon the service
aitPM. lance, and aforcsaid, and for each day's attendance shall be allowed the sum of
to ii'ie'towii!""^ six shillings, the same not to be paid out of the monies raised by virtue
of this act, unless there be a sufficiency for the purposes aforesaid, and
for the payment of such their allowances ; and in case of a sufficiency,
they shall exhibit an account of their attendance aforesaid before a
publick meeting of the town aforesaid, which account, being examined
and found just, shall be paid by the town treasurer aforesaid, u[ion the
order of the said town ; but in case there shall not be a sufficiency, the
town aforesaid shall make provision for the payment of such managers'
allowance aforesaid ; provided, that no more than three managers afore-
said shall be intitlcd to such allowance for one and the same day.
A)id be it farther enacted,
Manaecrsto [Sect. 13.] That the managers or directors aforesaid, after the

of7ha'r''r'!m"i** *^*'^''' lottery, or each of the said lotteries, respectively, is finished, shall
order payment. rccTic] [p/] vc the accounts of all charges arisen thereon, and having
f )und them just, shall certify the same upon said accounts, and direct
the town treasurer aforesaid to pay them off" and discharge them.
A))d be it farther enacted,
8oicctmonof [Skct. 14.] Tliat the selectmen of the town of Roxbury aforesaid

i[ml^)ohi'K?ui*'* ''<>'* *''c t''^^ benig, shall contract and agree for the paving and repair-
contract for the in<r the highway aforesaid, and for the materials and labour necessary
work, materiaiB, ^^ ^^^ jj^^, same, at money price, and shall draw on the town treasurer
aforesaid for the payment thereof; and when the said paving and
repairs are finished, they shall exhibit a particular account of the cost
of the same, and lay it before the town aforesaid at one of their pub-
lic[/,-] meetings, in order to be put on file with their other papers.
IPassed April 24 ; published April 25, 1759.

NoTn.s.— Tli(>ro wcro flvo ses.sions of the General Court this year, at all of wliich
acts wcro imssiid. All tlio acts of this year were printed: chapters 1 ajid l'.<, si |>,i-
rali'ly; and I Ik; oiii^rossiiiciits arc jircsorved cxceiit of chapters 1, 3, 4, 5, 7, "Jl ami ■_'_'.

The acts of tlio first session wori'diilv ccrtilied for transmission under the provineo
seal on the twent v-seeond dav of Septeinber, ITaS. They were delivered to the
ch-rk of till! (-Viuneil, in waiiiiip;, the 'J.jth of November following. On the i:>thof
Deeciinher they Were referred to the lominittee, of the I'rivy Coniiiil. on plaiitation
afTairs, which "roiiunitteo aj;ain referred them, Deeemlier '_"2, to the I?oanl of Trade.
The Hoard of Trade took tlii^m into consideration January 1(>, ITri'.i. and referred
them to Sir Matthew l.ainb for his opinion thereon in point of law. On the 'jnthof
July the ISoard of Trade ordered tho draut,'ht of a report to In; prepared, which Wivs
■ijined Jnlv :•!.

In this report chapters 1, .1 ami 5 are represented as " for temporary Services and
are either expired by their own liiniilations or the nurposes for which they were
eniu'ted, have been eoini>lefod." (;iiapter4 is included with several other acts which
are represented as " passed for temporary services and at dilTerent times for niisin;^
«ir biirrowin-; Hiims of Mony for dcfrayinLr the Kxpenccs of Military and other
Services." and as havin.;"ii"i {.Meat measnre taken elTect. but as the Kxeculion of
■oiue of the. I'rovisiiins tlmrein eoiilain'd, in which tho publick faith of the rrovince

[Notes.] Phovince Laws. — 1758-59. 221

is intorosted will not be conipleatoil till the Years 17(10, ITIH & 1702, aiul as Sir
M;it)i(!\v Laiul), whose opinion has been taken upon these Ai'ts, has no oljjection to
aiiv of thoni in point of law, Wc conceive it exi>eilient that they .should receive ilia
Miijcsty's Royal Allowance." Chaiiters 'J and <> are rcpresentetl to " relate to the
internal Oicohoray of the Province and apiu'ar to have Ix-en ena<'ted for it'.s jirivato
convenience, and We see no reason why Ilia Majesty may not be graciously pleased
to conlirui them."

All the other acts of this year were duly certified for transmission under the
province seal, in two parcels, on the nineteenth day of June, 17.')'.).

The acts of the second and third sessions were delivered to the clerk of the Coun-
cil, in waiting, February 4th 17(iO from the Board of Trade, where they had been
rea(i as early as the "-'Ud of January. Two days later they were referred to the com-
mittee of the Privy Council, on plantation affairs, who, on the 'JOth referred them to
the Board of Traile to "examine into the same and report their opinion thereupon
to this committee." In the Board of Trade they were, on the llthof March 17(iO,
" referred to Sir Matthew Lanih for his opinion thereupon in ])oint of law."

The acts of the fourth and lifth sessions were deli vercil to the clerk of the Council,
in waiting, November •-'()thl75'.), and th(! next day referred to the committee of the
I'rivv Council on plantation affairs, who took them into consi<l<!ration DecenihcrS,
and "immediately referred them to the Board of Trade, by whom they were con-
.sidered on the Utbof December, and innnediately referred to Sir INIarthew Lamb
for his opinion thereon in point of law. Sir Matthew Lamb reported Novemlierl-tli
17(J0 " Upon perusal and consideration of these Acts I have no OI)jections thereto
in point of Law."

No further action of the PriA'y Council upon any of these acts has been discovered,

but from the following entry in the minutes of the Board of Trade, it is probable

that they were intentionally s'uffered to receive a virtual approval by lapse of time.—

" Thursday December 11, 1700.

At a Meeting of His ]Maj'>'s Commissrs for

Trade and Plantations

Present

Earl of Halifax

IV Jenvns. M' Sloper. M"- Hamilton.

•' » * « ^ * * «

Their Lordships then took into consideration twenty one Acts passed in the Prov-
ince of Massachusetts Bay in INIarcb and April 1759, together with Sir iMatliew
Lamb's Report thereupon; and no Obiection appeared to lye to any of the said
Acts. Du>'K Halifax.'' — Trade I'apers,

vol. 63, p. 77, in Public-Record Office.

Chap. 2. " June 1, 1758. In Council Voted That John Gushing, Silvanus Bourn,
Stephen Sewall and William Brattle Esqi-^ be a Committee to bring in a Bill in
addition to the Law for preventing the desertion of Soldiers during the present
War with France &<=." — Coinicil Reconls, vol. XXII., p. .3G4.

" July 25, 1758. His Excellency acquainted the Board that he had received Infor-
mation'that a great number of the Forces raised within this Province (chiefly those
belonging to the Regiment commanded by Col" Thomas Doty) and put under the
Command of ilajor General Abercromliy had Deserted and were returning homo
and desired the Ad\ice of the Council thereon-
Advised that his Excellency issue his Proclamation for apprehending the said
Deserters.

His Excellency having recommended to the Board to consider the best manner
of providing for the Subsistence of such of the Forces as have Deserted the Army
and mav return to their Dutv.

Adviseil that the several Taverners on the Road supply them with Provisions as
has been usual for Soldiers in the pav of the Province and that the Accounts thereof
be exhibited on Oath for Allowance and Payment out of the Publick Treasury and
that a Deduction be made from each Soldiers Wages according to what shall have
been paid for his Victualling as aforesaid."— ^xec»nrc Records of the Council, vol. :i,
p. 4-0.

" Aug. 1, 1758. Advised and Consented that a ^^'a^rant be made out to the Treas-
urer to pay to the HonWe Thomas Hutchinson Esq-- the sum of Four Pounds to dis-
charge his Aecot of Expences in a Journey for the apprehending of Deserters."—

ihid:, p. 421.

" April 17, 17G1. A Petition of .John Gorham Esq^ Sheriff of the County of Barn-
stable .setting forth That in 17.'S, h<^ in jmrsuance of the (Joveriiors Proclani.-vtion
apprehended and secured nine Deserters from the Service (of t^ol" Dotys Regiment)
that the legal Fees for Diet &c=> amount to £2.17.2. and praying allowance.

In the House of Representatives; Ri-ad and Ordereil That the Prayer of the Peti-
tion be granted, and that there be allowed and paid out of the Public Treasury to
the Petitioner the sum of Two pounds Seventeen shillings and two pence iu full of
his Account.

In Council Read and Concurred Consented to by the GoyernoT."— Council Records ,
vol. XXIII.,p.7iG.

Chap. .*?. "June 8, 1758. In Council. His Excellency having acquainted the
Board that there still remains a dcli<iency in the Number of Men ordereil to bo
raised, for the intended Expedition, the Returns from th(! Colonels of several Regi-
ments being short of the Number assigned, and also that there is rea.sou to appre-
hend tiiat a large Number of those returned have not yet proceeded. Onlcred Tiiat

9-28 Province Laws. — 1758-59. [Notes.]

Samuel Danforth, William Brattle and Benjamin Pickman Esq" with sncli as the
Hononrabh? House shall appoint be a Committee to consider what is further Neces-
sary to lie done by tliis Court for tlie Carrying into full Execution his Excellency's
<3rders for raising Men; and also wliat is projier to bo done for ascertaining the
Ni'.mber of men, who have been returniul by the several Colonels, and are not gone
into the Service, and compelling them forthwith to attend their duty, and making
provision for their being couveyed to the Place of Rendezvous; the Committee to
Bit and report as soon as may be.

In the House of Representatives. Read and Concurred and M' Stone, Mf Gid-
dinge, Doctor Sayer, and Major Hartwell are joined in the affair." — Council Bec-
ordx, vol. XXII., p. 382.

Chap. 4. In his speech to both Houses June 1, 1758, from which the following is
extracted. Governor Powuall had recognized his dependence upon them for sup-
plies in such a nuinncr as to elicit from them a flattering address in which, though
they declared that their burdens were so great that if the expe(-te(l relief from
Great Britain should fail, they would l)Ccotue insupportable, they expressed satis-
faction at the " economy, vigor and integrity" displayed by the Governor in his
application of moneys raised by them. They also entreated liim to represent their
"distressed case" to the King, and on the same day passed this cluvpter to be
enacted.

" (ii-ntlemen of the House of Representatives. I have directed the Treasurer to
lay before You the State of the Treasury, and I must rccoiniiaend to You to com-
pleat the Sujiplies for those Vigorous measures already engaged in; also that You
make provision for the ordinary Revenues and Charges of Goverument; and for
the Pay and Subsistence of th(s Troops which it is become necessary I should keep
upon our Frontiers. I liave directed the Secretary to lay before You a List of the
Officers and Men as required by the several Services.

His Excellency General Ahercromby acquaints me, tluit as soon as he receives
tlie jiroper Vouchers, he will settle tlie Payment of the billctting money for the
Troo|)s rais(Ml by this Government last Year; as also the four pcnces for tliis Year.
These Vouchers were sent to the late Commander in Cheif. I liavi; now sent,
further Copies; those of this Year shall be s<;nt as soon as they can bo com]>leated.
TIk'sc are great helps and Assistauces from the Crown, and for those Expences of
the War which We do not thus receive immediate Assistance in, we have the best
Assurances that strong Recommendations will be made to parliament for a proper
Cotnpensation to Us.

The ways an<l ni(\aus of raising these Supplies do bj' right as they do in the reiison
of the thing lie with you.

It only rcinuiiis with ^le, from a tender and paternal sense of the heavy burthens
that the People labour uniler, to recommend those; ways and means which are most
equal and least l)urthensome, and to asstu'e You that as far as lies with Me, all shall
be Adniinistred with the most circumspect and wary managfuueut, uiuler the ex-
aclest method, and must strict Oeconomy in the public Accounts, that the Assist-
anc(! I have will enable Me."' — Council H'cordi, rol. XXIf., p. I>(il.

" Jime 1.'), IT'j.S. In the Houst; of Representatives — Onlered That ISI'' SpeiXker and
Mf Flncker with Such as tlu^ honourable I'.uaril shall join be a Cnminitlee to assist
the Treasurer in endeavouring to borrow money for tlie use of tlie Province in the
present cNigeucy of Affairs. In Council. Read and Concurred and .lohn Erving
Esq is joined in tli(> Affair.

(Jonsi-ntcd to by the Governor." — Ibid., p. 404.

" Nov. IH, IT.'iH. His Excellency laid befon- the Board the form of a Muster Roll
which he had directed to be prepared to ho made Usi- of as a Rule in ]»aying off the
Forces furnished by the Province as their C^uota in the late Expedition untler the
Coiiiniaiid of His Excellency Major General Ahercromby and Asked their Atlvico
in the .\lTair.

Advised tliat his Exf^ellency give his Orders to make Use of the said Form in
making up tluur rcsi)eclive l*ay Rolls accordingly." — Excciilice licconls of the i'liiin-
cil, vol. .'I, /I. 4i!'.l.

C/inp.G. " October it, 17.58. James Bowdoin Esq from the Board went down to
th(! Ilonse of Picpresentatives with a Message to acquaint them that as the Act
))assed the last Sessiuu for regulating the Indians, diil not pass tin' two Houses to bo
enacted until the l;ist day of the Session, it happened that the (Mioiee of Guardians
pursuant lo said -Vet was omitted— and to jiropose ti) the House to come to the
Choice of Guardians to ili(> several Tribes of liulians to morrow at three o'clock in
tli<' .\ft<Tnoon."— r,,((;),v7 l{rn,;it~\ ml. .V.Y/A.,/). l-'d.

"October lit, HaS. The two Houses jirocecded according to Agreement to the
('linic(< of (Jn.artlians for the Indians by Joint, Ballot when tlie following Gentlemen
were chosen by n Major Vot(! of the Council and House of llepre.sentatives vi/.'

For the Indians at Natick. Joseph Bnckminster and John .Tones I-'sij" and Cai>-
toin John Clark.

Fur the Indians af Sioughton or Puncapog Indians, Robert Spurr ami Samuel
Niles I'sq" and .NP .In><e|ili Millings.

For the Indians (>f Grafton, the hon''''^^ .lohn Chandler Esij John Jones and Edward
Baker Esq" For III.' Indians at Dudley, the lion''''' John Clviudler Esq Mcses Marcy
Esq and ('ai>l" .loslma lleely

I- or the Indian.H at Harwich, Yarmoiifh and Ea.stham, John Freeman Esq, M'
Jabez Snow, and Cupt" John Boaru.

[Notes.] riiuviNcii Laws. — 1758-G9. '229

For the Indians of Maslipno, Barnstiilih^ R;uiil\vicli & Falinoiitli, tbe lion'''" Sil-
vanns iJoiirno Esq, Eihvanl liacoii Escj ami M'" Nyinplias Mavstoii.

FortiK! Indians of IM.viiuMilli, rcinl)i-ol{i! and Midilioi)urougii, Josiah Edson Esq,
Capt" Natlianacl Sniitii X: iM'' .Joim Turner.

For till) Indians of Martha's Vincyanl, John Norton and John Sumner Esq" and
M"^ Matlu'W Mayhew.

For till! Indians at Nantucket, Jonathan Collin and Ahisliai Folger Es(i" and M""
Kii-liard V.i>tiin."—lbii(., p. ilo.

" .Tannary •'>, IT.T.t. In Conncil A'/liercius tin: List of f Juardiansto the several Trihes
of Indians\'lios(!n by the two Jloiisus on tiie U)"' day of Octolier last was casually
omitted being laid before his Excellency tlm (iovernor fur his Approliation.

llesolveil. Tiiat the several (lersons named in said I^ist \h\, and hereby are declared
re-eleetetl, And tliat all Acts and Doings of said Persons in the Capacity of ( ;uar<lians
siiKH! the said 10"' day of October, be uiul h(;reby are deuiareil as valid an<l elTectual
to all intents and jiurposes, as if said List had been duly laid before his Excellency,
anil by him approved.

In the House of llcprcsentatives. Read and Concurred.

tJonsented to by the Goviu'nor.

The said List being laid before his Excellency, He was pleased to write thereon as
follows.

I consent to the above Elections.

T. PoWNALL."

—Ibid., p. 44'.).

Chilli. 8. No provision was mad(! in this act, or in tlie a(!t of 1757-5^, chai). 25, for ■

the sui)port of the women and eliildrcin that followed tin; ri;gnlars from Nova Scotia;
but ivs their support was a burdisn incident to the reception of the forces, and as
thiise persons arrived after the expiration of the former act, the following is inserted
as pertinent to this chapter.

" Sept. 21, 17.58. His Excellency laid before the Board an Application from the
Selectmen of the Town of lioston, for din'ctions concerning a number of AV'omen
left in the Town by the Forces coiiinian<led by Major General AnilHU'st.

Advised that his Exi.-ellency give ( )rders to the Selectmen of the; Town of Boston,
to send said Women to New York by some of the Transports bound thither, aiul
apply to the Agent Victualler for their Subsistence or otherwise mulvC such Provis-
ion for it as they shall find necessary." — Exacutioe Records of the Council, vol. 'S,}).
427.

" Sept. 20, 1758. His Excellency acquainted the Board he had received Informa-
tion that there were about two hundred i\Ien* lately arrived in the Transports
from Halifax whiidi was likely to becoiiK; a Province charge unless measures were
taken to jirevent it; and jVsked the Adviec! of the Council thereon —

Advised that his Excellency give directions tt) the Selectmen of the Town of Bos-
ton to obtain a List of the Women lately sent np from Halifax and an Account of
what Regiments they respectively belong to, and that they send such as belong to
the Regiments at the Westward to New York in order to be forwarded to the Army,
and that all others be returned to their respective Regiments or to Halifax from
whence they came. Ordered accordingly." — Ibid.

" October 5, 17.58. In the House of Ri^jn-esentatives. Ordered that M"" Russell,
Capt" Livermore, jNI"" Folger, M^ Tyng and iNI'' Witt with such as the honourable
Board shall appoint be a Committee to take under consideration the State and Cir-
cumstances of a Number of Wf)men lately arrived here with their Children, whose
Husbands belong to the Regular Forces in his Majesty's Service, and report what
they judge proper to be done relative to them. In Council Read and Concurred and
John Erving, Richard Cutt, William Brattle, and Gamaliel Bradford Esq™ are joined
in the Affair." — Cuiuifil Jlcurds, vol. XXIL, p. 414.

" October 7, 1758. The C-jmmittee appointed the 5"> Instant to take under Con-
sideration the State and Circumstances of a number of Women and Children lately
arrived h(>re from Nova Scotia having reported according to Order. In Couneii.
Read and Acee]>ted. And Voted That William Brattle Esq with Such as the House
shall join be a Committee to wait on his Excellency the Governor, and desire that
he would give Ordc^rs that the Woinisn lately arrived hero whose Husbands Ixdong
to the Regular Forces in his Majesty's Service, be together with their Children
receiv(!il in th(! Barracks at Castle William, And that He would Acquaint the Kings
General of their Arrival in the Provinc<;, anil desire that He would give orders re-
specting the disposal and sujiport of the same. And that the said Committee like-
wise inform his Excellency that the two Houses are of Opinion that in the mean
time it would be best that the Contractor for Provisions for the Kings Forces or his
Agent should provide for said Women and Children according to the Kings Allow-
ance, and pray liis Excellency's iiiterposition in that behalf.

In the House of Representatives Read and Concurred and Col" Osgood, and Capt"
Newhall are joined in tin; Affair." — Ibid., p. 417.

" Oct. 10, 175H. The Report of the Committee and Order of Court of the 7"> Instant
respecting the Women and Children lately arrived here from Nova Scotia — In Coim-
cil Read again, and it appearing to the Boaril to be necessary that some further jiro-
ceedings be had in this .Vffair. Ordered that tin; C^immittee sit again forthwith, and
report as soon as may be.

In the House of Representatives. Read and Concurred." — Ibid., p. 422.

"October lo, 1758. The Committee appointed to take under consideration tho
State and Circumstances of the Women and Children lately sent hither from Nova

* Sic; women.

230 Province Laws. — 1758-59. [Notes.]

Scotia having further reported as their Opinion that they go either by Land or "Water
to tlie County of Alliany, and that speed j' jirovision be made tlierefor acrordingly.

In tlie House of Ilu[>resentatives. Head and Accepted. And Ordeied Tiiat M'
Flucker and M'' Goldtliwait with sucli as the honourable Board shall aiii>oint \>i; a
Committee to take care tliat the said Women and Children be sent away accordingly
in the Cheapest manner that may be. And that there be allowed to be paid oui of
the public Treasury the Sum of two hundred pounds into the hands of said Commit-
tee for the I'urposes aforesaid they to bo accountable. In Council. Head and Con-
curred and Samuel Watts Esq is joined in the Alt'air.

Consented to by the Governor."— ii^'tZ., ;;. 4:iU.

"Dec. 5, 17."<S. His Excellency acquainted the Board that General Amherst Com-
mander in Chief of his Majesty's Forces in North America had applied to him that
Provision should be made for Quartering such Recruiting Parties as should be sent
into the Province for recruiting his Majesty's Trooi)S under his Command as also for
the Recruits tliat maj' be raised and desired the Opinion of the Board on the follow-
ing Questions— Viz'

Whether such Parties as the Kings General shall order to March through the
Province upon the recruiting Service are excluded the benefit of the Act nuw in force
for providing for the Reception and Accommodation of his Majesty's Forces within
this Province— It was answered in the Negative.

Whether such recruiting Parties as shall be ordered to any particular Town in the
Province upon said Service are excluded the benefit of the Act now in Force for
the Reception & Accommodation of his Majesty's Forces within this Province — It
was Answereil in the Negative.

And thereupon Advised that his Excellency issue a Proclamation irapowering
the Selectmen of the several Towns to make Provision for the Aceommodatiim of
such Parties as may be ordered to their respective Towns accoriling to Law." —
ExectUive Records of the Council, I'ol. 3, p. 444.

" By his Excellency Thomas Pownall Esq Captain General and Governor ia
Cheif in and Over his Majesty's Province of the Massachusetts Bay in New Eng-
land Vice Admiral of the same &•=

A Proclamation

Whereas in and by an Act of this Government intituled an Act providing for the
rei'cptinn and Accomodation of his Majesty's Forces within this province, made
and i)asscd in the present Year of his Majesty's lleign it was enacted — ' That when
' and so often as during the Continuance t>f this Act any of his Majestj''s Regular
' Forces shall for the Defence of his Dominions or ior i>rosecuting Measures against
' his Majesty's Enemy's be ordered into any Town or "Towns witliin this Province, it
' shall and may be lawful for the Governor with the Advice of the Council to appoint,
' authorize or imi)ower any person or i)crsons to agree for and take; up such and so
' many Houses and Buildings in or near such Town or Towns as shall bo judged
'suflicicnt & necessary together with the Barracks already ])rovided at Castle
MN'illiam to receive and accomodate the whole Number of Forces that may be so
'ordered, or if need be to impress so many uninhabited Tenements in or near such
' Town or Towns as shidl be necessary as aforesaid, and also to provide such Bar-
' rack Utensils & Necessary's as shall be judged reasonable, the Charge thereof to
'be advanced and paid out of the iniblic 'Treasury'; which Act was made to con-
tinue & be in force to the last day of March One thousand seven hundred & fifty-
nini;.

I d(> therefore by and with the Advice of his Majesty's Council hereby Authorize
and imjiower the Selectmen of the Several Towns and Districts for the time being
within this Province to jirovido in their respectiv(> Towns or Districts for the rece|>-
tion and accomodation of all such Troops or Parties as may be ordered thither
during the Continuance of the Act aforesaid or until I shall otlicrwisc Order upon
the terms therein mentionetl.

Given at Boston the fifth day of December 1758 In the thirty second Year of the
Reign of Our Sovereign Lord George the second by the Grace of God of Great
Britain, France & Ireland King Defender of the Faith &<=

By his Excellencys Command. T. Pownall.

A. Oliver Secry^

God Save the King." — Jirronls of Civil Comviissions,
vol. '2J, p. tV2, in Srrtrtdfi/'s Office.

" Dec. ;»0, IT-IS. To the Selectmen of the Town of Boston the sum of Ono hun-
dred fliirty nine Pounds seven shillings & six pence three farthings to discharge
their Acco' of Expene(! in providing for the Wives & Children of Soldiers (which
were left by Major Cicneral .Amherst) in tlu> Almshouse; And the further sum of
One liunilred twenty one Pounds nineteen shillings and seven pence to ilischargo
their Aceoi of ihe like ICxpence in the Workhouse.

To Samuel Procter the sum <if Eleven I'ouutls si'Ven shillings ami eight pence to
diselinrge his .\cco' for his Care and Trouble with the abovementioned Persona iu
the Almshouse.

To .Ii)sepli Lascnby tlio sum of Ten Pounds and eight pence half penny to dis-
charge his Acco' for liis Care and Trouble with the abovemontionoil Persons in the
Workhouse.— ii'zccHM'uc llcconln ojthc Council, vol. 3, p. 441».

f'hnjt. 12. " Juno 8. IT.'iS. A Petition of .Tohn Nash and Others, a Committee of
the Second Preciuet iu lladley in IheCounly of Hampshire— .Setting forth the in-
rnnvenienees tliey Labour under by beiug coiineeted with the first Precinct, as well
on aecouni of Iheir high 'I'axes, from whiih they do not rcaj) a jiropiutiiinable .\(1-
vanlage, as <>u aieount of ihejr Dislanee from the i'lace where their Town .Meeting
are constantly held, and i>raying that they with the Addition of some of the Inhabit.

[Notes.] Pii5vin'ck La\\\s. — 17r>8 50. 231

ants of llio saiil first rrecinct may iK^Tcctcd into a distinct and soporato District
agrooahlo to th(! Limits luciifiomul. accdiiiininicd with

A (Jcrtidcatc from Isaac NNiiid and Others, Ucsidcnt on a Tract of Land lying in
the (irst rrcciiict in said Town, and adjuiniii,;^ to tiiu second, shuwinj; lliat th(?y aro
dcsirons of lieing inc(n-i)orale<l with tlie said second Precinct, as a se|ieraic and dis-
tinct District, tlioy beiii<i mmli mor(! conveuioutly situatcul lor transacting IJiisinuss
tiicre, than wliere they now belong.

In the IIousi' of He|ircseiitati\("s Read and Onlerod. That the Petitioners serve
tile Cleric of the tirst Precinct in tli.- Town of Hadley witli an Attested Copy of this
Ptitition tliat tli< y shew cause, if any tliey have, on tlio second Friday of the next
Sitting of tiu! Court wliy tlio I'rayer tliereof sliould not he granted.

In Council. I{<'atl and Concurred."— ('""hc/V Errords, vol. XXII., p. 38L

'• January ".>, ITo'.i. A Petition of the Ldiahitants of tlio second Precinct in Hadley
I'layiiig as iTitered 8 .June last to lie erected into a District.

In Council Head a.zain together wiili the Auswit of tin; first Parish in the Town
of lladlcy: ami the other I'apcrs accompanying the same. And Ordered That 13en-
^amin Lynde and NVilliatn ISrattle Eb(i|'* with sui-li as the honouralile House shall
j(jiu Ije a Committee to take the Petition and papers under eonsidcratiou and report
what they judge proper to he doxu: ther(^on.

In the ilouse of Riipreseiitatives Read and Concurred and M"" Tyng, M"" Niles, and
Capt" Stevens are joined in th(i Affair." — //;/»/.. p. 4(i.S.

" January 12, ITo'.i. The Cominittee aiipointed the ii'i' Instant on the Petition of
the luhahitauts of the s<!coiid Precinct in Hadley rcjiorted according to Order. In
Council. Read and Accepted. And Ordered That the I'etitioners liave leave to
bring in a Rill for erecting tiie Second Parish in Hadley into a District agreeable to
the foregoing Report. And further Ordered That Daniel Smith an iiidigeut Person
in said Town be supi>orted at the E.xpence of the Town of Hadley and of said Dis-
trict in equal Moieties.

In the House of Reiireseutatives Read and Concurred." — Ibid., p. 482.

Chap.Vi. "June 8,1758. A Petition of Renja Houghton and Others Praying
that certain Farms formerly granted by the (Jenoral Court to scp(;rate Petitioners
lying near the great Wachuscitt Hill, and contiguous to Rutland East-wing, contain-
ing a Tract of about six miles by three miles in extent, may together with the East
wing of Rutland containing about the like quantity, upon which there are about
thirty Families already settled, be erected into a Township.

In Council Read aiul Ordered That tin; prayer of the Petition be so far granted as
that the Petitioners have liberty to liring in a Bill accordingly.

In the House of Representatives. Read and Concurred." — Council Becords, vol.
XXII., p. 382.

Chap. 20. " January 20, 175!>. A Petition of George Leonard of Norton in the
County of Bristol Esq— Setting forth That being one of the Manufactory Company
(so called) he paid in long since all the luonies he had took out, with Interest thereon
and has since paid in his proportion of all the subsequent Assessments made bv the
Commissioners; notwirhstanding which James Otis Esq l)ronght his Action against
him as one of said Company, and recovered Judgement against him in August last
for Eight hundred forty three jiounds eight sliil lings and seven pence and Costs;
that from the tirst commencing the Process, he has been in expectation that the
said Commissioners would pay the said Otis's demands, but that the said Judg-
ment remains still wholly unsatisfied, and he is assured Execution will not bo
delayed longer than Ft;bruary Term next. And praying that said Commissioners
may be directed to pay the Sums, so recovered against him with his own Costs out
of the monies now in their hands, or that he may be otherwise relieved as shall be
judged jjroper — Also

A Petition of Benjamin Jacob of Scituate in the County of Plymouth of the like
import. Aud Praying that the said Commissioners maj' be directed to i>ay him tlie
Sum of Sixty seven pounds eleven shillings and three pence, and costs Vecov(u-ed
against him by M^ Robert Treat Paine in satisfaction of an Execution against him
on said Judgment together with his own Costs.

In the House of Representatives. Read and Ordered That Col" White, Caiit"
Livermore and M"" Bacon with Such as the honourable Board shall join be a Com-
mittee to take the Petitions of Ger)rge Lconanl Esq and ]\P Benjamin Jacob info
consideration, aud rei)ort what they judge prt)per for this Court to do thereon. In
Council Read and Concurred and John Cushing and William Brattle Esq™ are
Joined in the Affair."— C'*".'c/7 I-.a-'inh, vol. XXIL, / . 52:i.

" February 2, 175!i. In Council Ordered That John Cashing Esq be added to the
Committee on the Petition of George Leonard Es(i and M"" Bcnj'^ Jacob.

In the House of Repres(>ntatives Read and Concuired."— 76/V/., p. 547.

"Octobers, 175!). In Council. Whereas by a Law of this Province made at the
Session of the Great aud (;en<;ral Court in F<;bruary la-st, it is among other things
enacted; 'That the Commissioners for adjusting and settling the AfTairs of tho
' Land Bank or Manufactory S hemc^ .should forthwith make an Assessmeat of
'Three thousand pounds on such of those persons who were concerned in said
'Scheme as are now living within this Province whom they shall judge of Ability
'as to Estate forthwith to pay what they sliall bo assessed.'

And Whereas the late partners in said Scheme belonging to many Towns, aiul
living scattered in almost all Parts of the Province, it is irii]iracticablV' for tho said
Commissioners to come at the knowledge of those wJio are dcccaseil or out of tho
Province; or to the knowledge of the Cireiunstances aud Al)ility of such of them
as are living within the same without the further aid of this Court.— Wherefore

232 Pkovjlnce Laws. — 1758-59. [Xo7i:s.]

Ordered that the said Coininissioners do forthwith transmit to the Assessors of the
several Towns and Districts within this Province or to the Town Clerk of each
Town (to he hy liini laid ln'fore the Assessors of the respective Towns and Distrids
wliercto such Clerks do severally belong) a List of the Names of such of the I'artncrs
as (at that time when said Schceme was first entered into) did liolonp: to any such
Town: And upon the Receipt of such List, such Assessors shall and hereby are
strictly enjoined forthwith, and without any delay, to transmit to the said Commis-
sioners, or one of them, or to the Secretary of the Province, to be lodged in his
Oflico an A(<ount of the Names of the said Partners as are deceased or removed out
of the Province; as also an Account of such of them as shall survive, and of the
Sums last assessed on such Survivors. respectively iu such Towu or District for
their Province Tax.

In the House of Representatives. Road and Nonconcurred."— 7&;cZ., vol. XXIII.,
p.G8.

Chap. 21. During the recess between the first and second sessions of the General
Court tidings had arrived of the surrender of Louisbourg, and of the occuiiation of
Cape Breton: of Bradstrect's successful expedition against Fort Froutcuac; of the
destruction of that fort, and the enemy's naval force th(!rc, and of tlu! enemy's
stores and magazines at Ca<laraqni. In his spew.h at the opening of tlu; second
session the Governor alluded to these su('cesses in terms of reverent gratitudt;, and
referred to Abercroinbie's repulse at Ticonderoga only as having "somewhat
delayed matters." He exjiressed confidence that now " the very gates of Canada
nuLst, we trust in God, be put into our hands," and that having " put our hand
again to the plough if we do not look back it must go over the very foundation of
the enemy's country." After stating that the promises of reimbursement by the
Crown had been a great encouragement to the province he informed the Assembly
that parliament had voted £27o80, lil.s-. \\]^d. to reimburse their expenses in tin; cam-
paign of 17.")i>. which he considered an encouraging assurance for the future, aiwl
recomnnrnded the Representatives to make further jn-ovision for the troops under
Abercrombie and on the frontiers, and for the ship King George. A committee
appointed to consider the Governor's speech reported the next day (Oct. 5,) thank-
ing the Governor for what he had done in the administration of affairs, and jiartic-
ularly " for the full and just representation of th<>, distressed state of the Province "
made by him to Secretary Pitt. (See note to chapter KJ, IToiMiO, pout.)

The legislature this si^ssiou passed without hesitation or dissent the act providing
for the reception, &c., of his majesty's forces, &(•., (chap. 8,) in which the authority
of the Governor to provide quart(!rs, limited iu the former act (1757-58, chap. 25) to
the town of Boston, w'as extended to any town or towns within the province, in
anticipation of the movement of General Amherst's forces to Albany.

On December 22, Governor Pownall received a letter from General Amherst,
dated New York, nine days before, giving notice of his appointment to the chief
command of the army, and urging the raising of new levies to be ready for the
field as soon as the season would permit.

At the opening of the third session the Governor congratulated the Assembly on
the acfjuisition of Fort Du(Juesiie. which event occurred sin<'e the last prorogation,
but virged the necessity of preparing for another year's service, which promised
"to be decisive." This was followed by a message, on the first of January, in
whi('h the Governor showed that of the 7000 men voted to bo raised the jirevious
year, G'.t25 hatl been actually sent. He praised the Lieutenant-Governor for the
address an<l promptness which he had shewn in arranging the details of accounts
and allowances with the General-in-chief and urged the Assembly to have all
claims so collected and adjusted as to be closed this year, with a view to speedy
reimbursement by parliament.

On the titli of .Tamiary the Assembly voted an address to the Governor in reply to
his s|ieech, reciprocating congratulations upon the recent vii'tories, approving of the
I'lan for the cxiiulsion of tin; French from Nova Scotia, and jiromising, " with tho
greatest cheerfulness", notwithstanding their "burdened and oppressed "condi-
tion, financially, "to engage, under" ids "direction, in such measures as shall bo
found nec'cssary for the service of the year to come."

Otlier messages relaiiiig to stoppages for the detention of arms, and for arming
new levies, anil also for Imilding and garrisoning a fort on the Penobscot, passed
between till! (iovernor and this Assembly during th(^ month ensuing. On the Mb of
Feliruary a vote was p;issed ai>proving tliis latter measure, and providing for a
guard of liHt men, to continue ihiring llie progress of the work, and a garrison of KK)
men, to remain in charge of thc! completed fort, together with an estalilishment for
transports, wages &i-.; liut there \ver(t no enactments relating to the war except
chapter 15, by wliich furtlier facilities werci afforded for recruiting for tho army,
and the rates for biih^tting were estal)lished.

Measures were also taken to secure the promised reimbursement and to have tho
money lirouglit over iu a Ihilisli siiip-of-war. and insured.

The fourth session iiegau I''ebruary 2Sth.and, aft<>r waiting for the representatives
to arrive, the Governor, on the second (hvy of March, made his opening speech, hav-
ing previously sent down a message that he iiad "matters of the utmost couse-
(pience to coinnnmicate to the Court." He informed the Assembly t)f th(^ defer-
mination of the ministry to protect the colonies anil to make a final decision of tho
conUwt; of tln>ir call upon tlie j^rovince to second tliese efforts; of their i)romises for
reiinbnrsenieiit of the expenses of a new campaign; and of the momentous cliaracter
of ihi' iiii'iisiiri'S about to be t:ikcn, wliich were to ilecide whether the Itrilisii Knipiro
or a Freneli kingdom should be established in America,— from which latter event, to
be averted then or never, woidd date "the decline of tho British Empire." He

[Notes.] Peovlnce Laws. — 1758-09. 233

concludctlwith a hopeful augury from previous successes, aud even from the repulse
at Ticomleroga, declaring that tliis jirovinco " always did and always will bear its
share in these services "; and enjoining s<!er(;cy regarding tlu^ papers whieli ho should
lay before them, among which was a letter from Gen. Andierst, dated New York,
February K!, requesting that the provincial troops should be at Albanj' by the tenth
of April, at farthest.

A committee was appointed the next day to consider this speech. Before this
committee reported, tlie House voted to request the Governor to represent to Gen.
Amherst that the troops of the last camjiaign could not be i^aid, for want of nioiujy,
that it was equally impossible to raise new levies without advancing additional large
sums, as bount\', which the province was unable to borrow, and to ask him to atl-
vanco the necessary funds, to be repaid out of the moiK'y— in tlie hands of the
Agent of the province in London— which jiarliamcnt had appropriated for reim-
bursement. The Council refused to conc\ir in this vote.

On the lifth of March the Governor sent another message, informing the Assembly
of his efforts to ]irevent impresses for the navy, and expressing his earnest (htsiro
not only to see this evil remedied, but the emltargo ended, and all sailors, c^disted
in the navy from this province, accredited to the jn'ovincial quota, and m) paiil by
the Crown. To these ends he; declared that h(> had already i)rocured tlie agreement
of Gen. Amherst, aud suidi promises from Admiral Durell as left no doubt of his
full concurrence when the arrangement should have been clearlv and detinitively
settled.

Votes followed, on the eighth, for furnishing hospitals and liosi>ital stores, a])-
poiutiug a committee to ascertain what niedicintis were n(;cessary for the army, and
appropriating £100 to the commissary-general, for every 1000 men enlisted, for ne-
cessaries for the sick and wounded.

While these votes were being prepared and passed, the committee on the Gov-
ernor's speech were engag(;d in framing a rejiort and resolutions which should ])rovH
acceptal/le to both branches of the legislature and at the same time meet the wishes
of the Governor and Gen. Amherst in respect to the new levies. The first dranglit
of the report of this committee jirovided for raising (iOOO men including the 400 men
at Penobscot Fort and was read first in the Council-chamber on the sc.'venth of
Alarch, and sent down to the Representatives. In the House it was read, and ac-
cepted with amendments; on(> of which reduced the whole number of men to ."(000.
It was then sent up, in a new draught, for concurrence. This was on the tenth; and
the same day the Council sent down a spei'ial message urgently recommending the
House to reconsider that part of their resolutions fixing the number of men; but the
House voted to adhere. On the twelfth, the Council read the new draught sent up
from the House, and, after voting a nonconcurrence, recommitted it; at the same
time adding five councillors to the committee, which was ordered to sit forthwith.
They then sent their votes down for concurrence. The House still voted to adhere
to their former vote, and refused to concur. Thereupon the Council voted to con-
cur, with certain amendments — not however affecting the number of the contingent
— ni)on which the House voted to concur in all the amendments save five. Tiie re-
port was then newly di'awn in the form of the following preamble and resolutions,
which were passed on the I'ith of JIarch : —

" In the House of Representatives. In order to a deliberate and mature deter-
mination upon the important matters recommended by his Excellency in his Speech
of the 2*1 Instant, the House find it necessary to take into consideration the <lis-
tresses brought upon the Inhabitants of the Province by means of the great Levies
which have been made from year to j^ear since the War, and particularly by means
of the disproportioned luimber of men that were in the Service the last year. The
House likewise consider that raa^iy of tiie Iidiabitants have inlisted this [iresent
year as Rangers aud Batteaumen ami in other Branches of his IMajesty's Service;
that the Government is now burden'd with a very heavy Load of debt, and the
charges arising from the Services of the last year are unpaid, and that it will bo
extreemely difficult to procure such a Sum of IMouey as will be nec(^ssary to Ijo
immediately advanced in case of engaging in any further service. On tin; other
Hand the House consider the importance and necessity of continuing to aid and
assist in such measures as his Majesty shall be pleased to engage in for the defence
and preservation of his Colonics: and they likewise consider the gracious Assur-
ances of such Compensatiim lieing made as shall render the burden proceeding
fniin such Services sniiportabh;; and ui)on tlu; whole It is Resolved That live
thousand Men, Officers included, Ijc immediately raised for his Majesty's gimeral
Service viz' Four hundred of them to guard th(i Workmen emjiloyed in building a
Fort at Penobscot, for which Provision is already made, the remaining 4000 to be
formed into Regiments and to be under Officers from among the Iniiabitants of
this Province (excepting only such and so many of them as may enter on board any
of his Majesty's Ships of War upon the terms hereafter mentioned) and to bo
employed in the inteniled Expedition against Canad.n, each Regiment to consist of
a number not less than OiiO Men, Olfieers in( luded, an»l to be proportioned upon the
several Regiments, Trf)Ops of Horse, Independant Companies, Batteries of P.oston,
Charlestown, Marblehead and GIoc(!3ter, according to their numbers; and that in
case a sufficient lunnlier of Men shall not inlist upon tfte ti-rms hereafter men-
tioned on or before the sixth day of April next^ then .so many shall be impressed
as to make up 4(100 which with the 400 aforesaid compleat the number of Fivo •

thousand: and that every Person who lias been in the Service in fortner years shall
be equally liable to sucli Impress with those who have never been in the Service.

Resolved That to every Non Commission OfHeer and Private Soldier of the said
4(i(HI Men who shall inlist into the said Service on or before 4 o'clock in the after-
noon of the said sixih day of April next, and shall pass muster, there be allowed

234 PiiuviNCE Laws. — 1758-59. [Notes.]

and paid in a Treasurors note a bounty of Six pounds and wages from the tinio of
their Inlistment. And as a further encouragement It is Resolved That to every Noa
commission (JlHeer and private Soldier ^yllo lias beeu in the serviee and pay of tliis
Province in the years 1755, 1750, 1757 or 1758, and shall iulist into the said intended
Rervii-e on or before the second day of April next, there bo allowed instead of
bounty full Wages from the 20"' day of Koveniber last; and four mouths and an
halfs wages be advanced to each amounting to the Sum of Eight pounds two shil-
lings anil to be paid them in a Treasurers note at the time they pass muster, and
tiiat all said Notes be upon interest and payable the 2'' day of June 17(;0. And it is
further Resolved That Wages be allowed to each Private Soldier employed as
aforesaid in the Land Service at the rate of six dollars ^ month until they are
discharged said service, and that there be given a good blanket to each non com-
mission OHiccr and Private Soldier in the Land Service. Resolved That as many
of said men as his Excelh-ncy the Governor, shall think proper, and as are willing
to entiT into the Sea Services' upon such terms as his Excellency shall settle with
the Admiral or Commander in Cheif of his Majesty's Ships of War be employed in
such Serviee, and tiiat additional Wages be allowed over and above the ordinary
Pay in his Majesty's Ships, so as to make their Wages equal with the Wages of
tliose in the Land Service.

That in case it shall be found necessary to cause any men to be impressed in
order to compleat the 4000 Men as aforesaid, so many of such men as his Excellen(;y
the fiovernor shall think proper shall be at liberty to enter into th(! Sea Service,
but none shall be compelled to it. That the whole number of the said 4000 men be
continued in tins Service for a term not exceeding the first of November next, and
to he dismissed as much sooner as his Majesty's Service will admit.

And Whereas it will 1)0 necessary that the Forces should be allowed billctting
from the time of thcsir inlisting until their receiving the Kings Provision, but the
present State of the Treasury will not admit of advancing the same, and it is like-
wise n(!cessary that they should be suiiplied with Provisions or allowed billctting
from tiie time of their discharge until their Arrival at their several Places of Abode.

Resolved That Application l).e made to the General and Commander in Cheif of
his Majesty's Forces that billctting may be allowed and promised to each Man from
the time of his Inlistmcnt, until ho receives the Kings Provisions at the rate of six
pence Sterling |('' day, and that each man shall either be furnished with Provisions
for his Subsistence from the place where he shall be dismissed until he arrives at
his placi! of aboad, or that he be allowed six pimco Sterling \^^ daj', accounting every
fifteen miles distance for one day, and the Oflii^ers be allowed Rations according to
their Rank as lux-s l)een usually given to the Officers of his Majesty's Regular Forces,
which proportion the Officers of the last year entered into the Service with full
expectation of receiving; but this Court are informed it has not yet been allowed
them

Aiul Whereas his Maj(!sty has been pleased to declare by his Secretaries of State
in tlu! years 1750 and 1757 that all which he expected from this Government was the
levying, cloathing and pay of tin; men; and whereas Monies have been advanced
by this (iovernment for other necessary Charges in expectation of a Reimbursement
from tJK! (lommanders in CHieif, but the Accounts of such Charges have been refused
to b(! allowcil and such Rcimbursment has been withheld, and Whereas his Maj-
esty has hceii plca.->cil to repeat in the most explicit terms the same declaration in
a liC'ttcr from the Uiglit honouralilo M'' Pitt of the !•"> of December last.

Resolved That his JixccUency General Amherst he acquainted that this Govern-
ment cannot advance any further Sum than what shall be necessary for those par-
ticular Services, and depend on provision being otherwise made for every other
expence or Article of Charge that shall be determined to be necessary.

An<l Whereas tlui obliginj^the Forces to nsceive Rice instead of Peas has not only
been dissatisfactory to tiio Provincials who have not been used to that species of
Pruvisidiis, but has also been as is api)i-chcn(lcd prejudicial to their health Ilesolved
That till- Conimandcr in Cheif of his ISIajcsty's Forces be accjuaintcd, Ih;it it is the
desire of this Government that a sulHcient (luantity of Peas may be provided for the
Service of the present vi-ar. In ('ouncil. Read and Concurred Consented to l)y
th(^ GoviM-nor." — r„„//.// h'rcnnls, ml. XXII. , p. 5.S;i.

In the original report, March ."iOth was tht> day fixed for the impress, from which
all were i^xcmpted wlio had been impressed the lU'evious year, atui had received no
bciunty, and such Jis had tlu^n enlisted and had received no pay (except the houiity).
As an inducciticnt fur enlisting, however, all ii(>rsons who liad been in the service
In 1755, or since, and who shouM enlist on or before March 'JO, I75;>, were to receive
wlioli- wa^cs from November 'JO, 175.S, and li.alf wagi-s, for the same period, if they
should enlist befori' twooclock in the afternoon of March .".Dth. One month's pay
was also to be ad\aiiced. .Still furl her encouragement was gi\("n in siilise(|uent voles
wliirli provided for extra eipiipments ami elothim;. The date of the impress w;us
Hnlisei|uently ehan;4eil to .\pril '_'d, and, in the resolutions as linally reported, it was
postponed to .April '.'lli, which was the subject of a special message from tin- Gover-
nor to the Assembly on the 14th— whereupon the resolutions were amended by
clnin^ing the date to the sixth.

" March 10, 17.5'.t. The Deputy Secretary by order of his Excellency the Governor
deliveri'd the following Messai^e to the House of Kcprcsent.ilives vi/,'

Gentlemen f)f the Mouse of Ib'iiresentatives After all the ditlicnllii's which have
attended, till- Resolves to raise >bii at his Majesty's di'sire for this year's Camjiaign,
iind after nil the dilVhiili ics thai will attend iln/ Execution in my" hamls as things
now are; There remains nothins,' now that can absolutely obslnict my raising the
number you have voted, so as to be of any use; to his Slaji'sty, but my not being
able to get such Colonels and Officers as I can coulklo in, as 1 liuow will not abase

[Notes.] Peovince Laws. — 1758-59. 235

tho Men, as I can trust will do Justice to tlio Country, do honour to the Pnivinec,
and do his Majestv tliat Service which he expects from the Province Troops. I can-
not 1)0 ignorant tliat tho NVa,!;cs wiiicli tli(! House Voted for th(! Colonials last year
was uiKiu tho consideration that sucli Colonels were to receive six Rations of the
Kiuss Su]iplies; It is now known to the House! (if it Ih^ not, the House may see it in
tho Letter herewith sent) That hy the lle^^ulations of the Army in America the Olli-
cer3 receive hut on<' llatiou. I can maUe no doul)t but the Justii'e f>f the House; will
consider this in the Trovisieui they make; for the Colonels \Va;,'es. and wliy these
Officers who have been in the Service in the years 175", IT.'ji;, IT.'T and 17.").S, and
have suffered greatly without any Relief should not be intitled to pay from tho
same time as tho Men is liable to ho construed as a disgrace thrown on their Ser-
vices.

If by these Savings the House hope those may be got to go, who will go cheapest:
— those oidy that are li'ast lit and most unworthy are readiest to go on such tcrm.s —
Perhaps Such only as may have hopes of making up this deflcieiicy by ways which
no man of Honour would" go into— I must therefore desire it of tlu;' House to have
the same regard to the Service of these their Otheers, as to that of the Men. An<j as
not only the Welfare aiul Well doing of the men, but the Good to be expected from
tho Forces, the Province sends to the Kings Service intirely depemls u|ion tliQ
Faithfulness and Goodness of tho Otiicors.— the putting mi; in a situation not to be
able to get such Officers is undoing with one hand what has been done witii the
other:— I must here also remind tiie House that the delay in compleating th<! s(!V-
eral Provisions for raising the Men renders it impractical)lc for me to issue tho'
Proclamation, without which every thing remains at a Stand.

T: PowNALL." — Council
Records, vol. XXII., p. 600.

"By his Excellency Thomas Pownall Esq. Captain General and Governour in
Cheif , in and over His Majesty's Province of the Massachusetts-Bay in New England,
and Vice-Admiral of the same.

A Proclamation.

His Majestv liaving nothing more at Heart than by the most vigorous and exten-
sive Efforts to avert, bv the IJlcssing of God on his Arms, all Dangers which may
threaten North- America from any future Irruptions of the French, hath determined
in this urgent and decisive Crisis to make a general Invasion of Canada, and to
carry War into the Heart of the Enemy's Country; and now calls upon his faithful
and "^brave Subjects of New England to join and co-operate with that Body of his
Forces which he hath been iileased to destine for that Service: And in a just
grounded Expect;urion that the best Gentlemen and Freeholders will Engage in the
Service at This Good Time, His Majesty is graciously pleased to (rraut to the Officers
of his American Forces a Rank and Command equal to the Officers of his British
Forces, except that the OtHcers of the Mother-Country are in their respective Ranks
to be considered as Seniors to those of the Provinces.

His Majesty is further Pleased to furnish and Provide the Forces with Arms,
Ammunition, Tents and Provisions; and as most People in North America have
Arms of their own, which from their being accustomed to, and being so much
lighter than the Tower- Arms, must be more agreeable and proper for them. Gen-
eral Amherst, as an Encouragement for their coming provided with good Muskets,
engages to pay for every one they shall so bring that may be spoiled or lost in actual
Service at the Rate of Twentv-fiv(> Shillings Sterling.

And Whereas This His Majesty's Province, in full Confidence of his wise Meas-
ures, and in Pursuance of His Royall Pleasure, have resolved to raise a Number of
Men, under Officers Inhabitants of this Province, and have made Provision for the
Levying and Support of such to the first Day of November next, said to be then
tlisn'iissed, or as much sooner as His Majesty's Service will Admit; and for Encour-
agement to the People to inlist, have engaged, ' That to every Non-commission
' Officer and Soldier who shall iidist into the said Service on or before Four o'clock
' in the Afternoon of the sixth Day of April next, and shall pass Muster, there
' be allowed and paid in a Treasurer's Note, a Bounty of Six Pounds and Wages
' from the Time of his Inlistmcnt. and to every Non-commission Officer or Soldier
' who has been in the Service and Pay of this Province in the years ITuo, 17o(i, 17.j7,
' or 175S, and shall inlist into the said intended Service on or Ijcfore the second Day
' of April next, there be allowed Eight Pounds Two Shillings, and paid him in a
' Treasurer's Note at the Time ho shall pass Muster; and that all the said Notes be on
' Interest, and payable the second Day of June 17(!0:— That to each S(jldier who shall
'proceed in this Year's Campaign, there be likewise allowed a good Blanket a Kiiai>-
' sack, and a wooden Bottle or Canteen; and that to each Non-commission Officer or
'Private, there be advanced Six Pence Sterling a Day for Subsistance, from the
'Time of his Inlistment or being Impressed uufil he arrive at Worcester; to be paid
' uj)on his Marching off with the Company where the said Company is collected; Tho
' same Subsistence to be likewise jtaid to thos" who go by Water at the Time of their
'Embarkation; and Wages to each Private Soldier at the rate of Six Dollars per
' Month: — And for the further Encouragement of the Service, this Government has
'likewise engaged to allow to each Mess of Six Men, two Tin-Kettles: containing
'Ten Quarts each, and a Hatchet; and Thirty Watch-Coats to each Regiment:—
' And likewise to jirovide Hosiiitals, Hospital-Stores and Medicines for tin; Si^k; '—

I Do therefore herebv promise in His Maj(;3ty's Name, and in behalf of His
Majesty's Province of the Ma.ssachusetts-Bay, that there shall be a full Compliance
with the Aforementioned .\rticles.

And I do further promist; a Pardon to all such Soldiers, who being in the Pay of
this Province, did in any former years desert the Service, provided they shall inlist
therein for the present Campaign, on or before the Sixth Day of Ai)ril as aforesaieL

236 riiovi^'CE Laws. — 1758-59. [Xoxiis.]

Given at tlie Council Chamber in Boston, tho Sevcnteontli Day of Maroli, 1759,
in the Thirty-second Year of tlie Reijin of our Scjvoroi.^n Lord (ieorRu the Se(;ond,
by the (irace of God, of Great Eiitain, France and Ireland, Kinj^, I>e:ender of the
Faith, &<:

By liis Excellency's Command, T. rowx.\r,L.

A. Oliver Secry

God Save the K.ing."— Record of Civil Comtnissions,
vol. 2J, p. 74. in Secretary's Office.

"March 20, 1759. The Secretary by order of bis Excellency having prepared the
Draft of a Proclamation for the Encouragement of Seamen and others to Inlist into
his Majesty's Service on board the Iloyal Navy on tho Terms pr(jposed by Admiral
Durell— His Excellency was pleased to order the same to bo Head and to desire
the 0|)inion of the Council thereon.

The Board were of Oi)iniou that said Proclamation should be issued, as tending
to promote His Majesty's Service in the Operations of the Current Year." — Execulioe
Rccnrdx nf the Goiincil, vol. 4, p. G2.

"By liis Excellency Thomas Pownall, Esq; Captain General and Governour in
Cheif, in and over liis Majesty's Province of tho Massachusetts-Bay in New Enj^lund,
and Vice Admiral of the same.

A Proclamation.

Whereas the Great and General Court have a;^rued to raise Five Thousand Men
for the Campaign this Present year 175!); And have Resolved, That as many of said
Men as I shall think proper, and as are willing to enter into tho Sea Servic(! upon
such Terms as I should settle with the Admiral or Commander in Cheif of his Maj-
esty's Ships of War, be employed in such Service, and that Additional Wages 1)6
allowed over and above the ordinary Pay in his Majesty's Ships, so as to make their
Wages equal to the Wages of those in tlie Land Service.

In order therefore to promote a Measure so essential to his Majesty's Service, I
have tliunglit (it to issue this Proclamation, hereby making known that Admiral
Durell, Commander in Cheif of His Majesty's Ships of War at Halifax, has engag<>d
to discliarge all such Men, as shall Inlist for the Service aforesaid, agretjable to tho
Time they shall engage for, or at the End of tho ensuing Cam|)aigu 175'.l; and that
they shall not be carried to Europe or the West Indies; l)Ut shall be Discharged and
sent to Boston in Transports for that Purpose: — That each Man who shall thus Inlist
shall receive his Majesty's Royal Bounty of Forty shillings Sterling: that their
Wages shall commence; at the Time of their Entring, notwithstanding they may be
at a Distance, and that tlieir Pay Tickets shall be made out from the Time of their
Entering to tlie Day of their Discharge; and that they shall pass free from being
Impressed on their Passage home.

The Admiral has further Assured Me, that if among the Men who shall inlist,
thcire are any that und(!rstand navigating a Ship, and are qtialified for that Purpose,
he will give them all Encouragement ho is able, by enabling them to act as Mid-
shipin(;n; and further promises. That the INIen of such Tt>wns as shall appi^ar by
my Certificate to have done their Share in this Service, shall be free from all Im-
presses by Sea.

And I do hereby engage in behalf, both of the Province and of the .\dmiral, that
the foregoing Corulitions shall be duly complied with; and that the Men wlio shall
inlist .OS aforesaid, shall likewise receive the Provitice Bounty, agrceabb* to My
Proclamation of tin; 17tli Instant, and be punctually Dischargeil at the Time they
shall inlist for: And that whatever Number of Men any Town or Com]iauy sbail
raise for this Service, shall be esteemed as Part of their (Juota of the Five Thousand
Men agHM'd to bo raised by this Gov<u'nment for the general Service of the year.
And for the greater Certainty and I'rceision in this Matter I have ordered the
Inlistnieiits to be made on tho back of this Proclaniation as the Conditions of tho
Miui's Inlistincnt.

Given at Boston, tho 2;)i'> Day of ]March 1759, in tho Thirty-second Year of his
Majesty's Reign.

By Ins Exc^ellency's Command. T. Pownall.

A. Oliver Secry.

God Save tho King." — Records of Civil Commissions,
vol. 2h, p. 7(i, in Serrrtiin/'.t Office.

" >farch 19, 1759. The Secretary by order of his Excellency tho Governor deliv-
orccl Mi(! following Message to th(! two Houses respectively viz'

(lentlenien of the Council it IIous(; of Uepresentatives.

In order to the did v carrying into execution tho Levy you have made provision
for, you liave laid I'enalties on the OlHcers of the Militia who shall neglect to per-
form llieir duly in raising their respective Quotas.

I must ae(|naint You that last year after the Oflicers of the Militia had done their
•luty; a great defect in ihe ICxecnlion, great troubh; in the Country, and nuicb unne-
cessary haras,sing the Men, arose, from the negUict of the Expi-dilion Ollieers to
nfleiid duly the Militia Ollieers, and to receive of them tho I^Ien after the Militia
OlVners had bail the tn.ul.le of raising them;

1 iimst. therefore ncommend it to You to aflix .somo snflicient I'enalty on such
Kxiiedition Ollleer as shall iK'glect to Obey such orders as ho shall receive" from Mo
or his Cotiiinnnding Ollleer. to attend the Militia OlHcers, to receive of them the
Men rai.sed, and duly to march them off.

T. Vow s MA.."— Council

'tero,;h, vol XXlf., p. f-Oi.

" March 20, 1759. The Secretary bv order of his Excellencv tho Governor deliv-
ered tho following Mes-siige to the House of liepresentativea viz*

[Notes.] Province Laws. — 1758-59. 231

Gentlomoa of the Houso of Roprosoiitativos. As Goiicral Alicrcroinhy • can-
not according to the \\'or(l of tlic KiiiLis Order direct iirovisimis to lie issued
to any other Troops than Such as };o into tlio Kings Service under lUc G(!nerals
Conunand. I must reconimond it to you to make provision for tlie Subsistence
of the Four hundred men employed in the Service of Penobscot: But as I appre-
hend that according to the Spirit of said Order the Gcmeral, when lie considers it,
may (ind liimsclf warranted to make this Allowance to such Troops as are any
where emi)lo}'cd in the Kings General Service, I will apply to him therefore.t

T. rowNAi.i.."— //)/(/., 75. (il'J.

" March 21, 1759. In Council. "Whereas many Persons liable by Law to train
may, and some have removed out of the Company wlii'reto they belong merely to
avoid being warned to attend the Muster by Law ai>pointcd on the (;"> of Ajiril next.
Therefore Voted That it is the desire of this Court that every such Person be noti-
fied of the Training aforesaid; and that every such person that shall l>e tiiereof
notilied either personally or by delivering him a Notification of the api)ointment of
the Training aforesaid by the Act aforesaid by any person and in any place in this
I'rovince, sliall be as much obliged to attend the Muster aforesaid, as if he liad i)een
notilied liy a Sergeant or Corporal in tiie Company whercuinto he belongs, and be
liable to tlio same Penalty for Non-appearance: And every person notifying as
aforesaitl is desired to send the Captain of the Company whereto such persons be-
long an Account thereof.

In till! House of Representatives. Read and Nonconcurred."— 7&/'7., p. G14.

" Aiiril '24, 1750. In the House of Representatives— The House took under consid-
eration the Letter laid before them by order of his Excellencj' the Governor from
Ezra Richmond Esq respecting Quakers &>= passed the following Vote viz'

Resolved. That his Excellency the Governor be desired to direct the Colonels of
the several Regiments wherein there are Quakers to make return into the Secre-
tary's Office (as soon as may be) of what number of Quakers there are belonging to
each Town in their respective Regiments at the time of the Levies the last and
pri>sent Year; wiiat the proportion of each of such Towns then was of (Quakers to
the 700<) Men then to be raised; what Men they hired in lieu of the Quakers, and
for what Towns respectively, and what they gave to the men so hired. Also as
soon as may be, to make a return to the Secretary's OfHce what number of Quakers
there were in each respective Town within their respective Regiments at the time
of the making the last Levies and what the proportion of Quakers to each Town
wherein there are Quakers, was to such Levies, and what they gave to the Men so
hired. In Council. Read and Concurred. Consented to by the Ciovernor. — Ibid.,
p.iiSo.

Chap. 22. " March 29, 1759. Upon a Question moved by his Excellency, Wliether
any Inhabitant of this Province liable to Train and being duly Warned (agreeable
to a late Act of said Province made for the speedy levying of Soldiers for an inti-iided
Expedition against Canada) to Appear at the muster to be had on the Sixth day
of April next and shall neglect to Attend will not (in the Opinion of the Board) he
liable to the penalty by said Act assigned for such Delinquency altho' after such
Warning or Notice 'given— He should inlist himself into any other Military Service
whatsoever?

It was Resolved in the Affirmative.

Uiwn a further Question moved— Viz'

Whether any Person so Warned be at liberty to Inlist into any Military Service
save to that which he is Warned.

Resolved in the Negative." — Executive Records of the Council, vol. 4, p. f)2.

Chap. 24. " April 20, 17.")8. In the House of Representatives Whereas many
private Soldiers raised by this Gnvermnent for his ^Iajesty's Service the last Year
under the Command of his Excellency the Earl of Loudoun were killed or died in
that Service leaving no Real Estate, and but little more of Personal Estate than
th(>ir Wages.

Therefore Resolved. That in every such case, the Widow of said deceased Sol-
dier, or th(! next of kin to said Intestate shall and hereby is impowered to receive
such Wages without taking Letters of Administration on such dcccivsed's Personal
Estate, And that the Treasurer be. and licreby is directed to jiay tliem accordingly,
they to be alike acconntable. and liable to the Actions of the Creditors & Heirs .as if
thej' had taken Letters of Administration. In Council. Read and Concurred."—
Vonii'-il Rrcords, vol. XXII., p. :ill.

" Fiibruary 1, 17.59. In the Ifouse of Representatives Voted That the Province
Treasurer be, and he is hereby directed to pay to the Widows of those Soldiers who
died in the last Campaign or after their return home, the Wages respectively due to
such deceased Soldiers as are borne on the respective Rolls. In Council I'cad and
Nonconcurred." — Ibid., p. 549.

Chop. 27. October fi, 17.">8. The S(dectmen of the Town of Boston having pre-
sented a Memorial to liis Kxcellency the Governor— Praying that such provision
may be ma<le for the reception and quartering of such of his Majesty's Forces a.s
miiy be thought necessary to lie rpiartered in or near sai<l Town, as will be most for
their Accomodation and Comfort, and IIk; Peace and good Order of the Inhabitants
— His Excellency sent the following Message by the Secretary to the two Houses
viz'

• Sic: AmhcFBt? f Sic: therefor?

238 Province Laws. — 1758-59. [Notes.]

Gentlemen of the Council and House of Representatives

I have received the annexeil Memorial from the Town of Boston, the Remedy
against the Evils so justly aiipreheuded, should there be no suitable provision made
for the reeejnion of the Troops expected is an Object of the Legislature. I must
therefore recommend to your consideration such ways and means as may prove a
suitable Reiiicily.

Province House Oof 0. 1758 T. Fq-wsall."— Council

RrrordK, vol. XXII., p. 414.

" October 10, 1758. The Secretary by order of his Excellency the Governor
delivered the following Message to the two Houses respectively viz'

Gentlemen of tlie Council and House of Representatives.

Being a]iplicd to by C()l<» Williamson for Quarters in Boston for a Number of
Soldiers under his Command now on board the Transports in the Harbour, And
linding that the Law making provision iu such Cases is expired, I must apply to
You for such an Act of Legislature as is requisite to impower the Civil Magistrate
to do what is needful in such Cases.

Council Cliamljcr Octo"- 10. 1758. T. Pownall."— 76jcZ., jJ. 421.

Chap. 28. See notes to chap. 21, ante.

Chap. 20. " March 20, 1759. M"" Hatch from the House of Representatives came
lip to the Board with a Message proposing in the Afternoon to come to the choice
of Collectors of the Excise for the year ensuing by joint Ballot of the two Houses,
and desiring the Concurrence of the Board therein

Thomas Hancock Esq from the Board went down to the House of Representatives
witli a message acquainting them that the Board agree to their Proposal of choosing
("ollectors of the Excise by joint Ballot of tho two Houses in the Afternoon."— C'o«;t-
ril Rerord.s, rol. XXIL, p. (JIO.

" March 20, 175'.t. Tlie two Houses according to Appointment proceeded to the
choice of Collectors of Excise for the several Counties within the Province agreea-
ble to Au Act made and i)assed in the present Year of his Majesty's Reign intituled
— An Act for granting unto his Majesty an Excise upon Spirits distilled and Wine,
and ujion Limes, Leiiiinons and Oranges. — when the following persons were chosen
by a Major Vote of the Council and House of Representatives viz'

For the County of

Suffolk Mr Thomas Fletcher

Middlesex M^ John Remington

Essex Daniel Epes Esq.

Hampshire M'' Gad Lyman

Worcester Gardiner Chandler Esq.

Plymouth M' John Cashing

Barnstable M' Daniel Davis

Bristol Mr Seth Williams juu''

York Mr Daniel Clark

Dukes County M^ Ichabod Wiswall

Nantucket M"" Thomas Art liur

The Secretary having laid before his Excellency the Governor the foregoing List,
his Excellency was pieast^l to write thereon as follows,

I consent to the above Elections

T: POWNALL "

—Ihld., p. f)i:{.

"Juno 7, 1750. A Petition of Jonathan Morton of Hatfeild— Setting forth That
not long after the publication of the late Excise Act, lie being possess(;d of an hogs-
heail of Rum did innocently as heing ignorant of the Law, sell the same, altho He
liad no jiermit as the Ijaw requires to sell such Liquors. That the Excise upon said
Rum has been duly paid, but the Collector being lunhir Oath thinks himself obliged
to itrosccute the Petitioner for the Penalty of the Act, although he is himself satis-
fied witli respert to the duty of Excise, as appears by liis Certilicate annexed. And
I'raying Relief.

In the Housfiof Representatives. Rea<l anil Ordered That the Collector be directed
not to prosecute the Petitioner for any Violation of the Law: it appearing that the
lOxiise for the Rum sold, has been duly ]iaid to the Collector. In Council. Read
anil Concurred.

('onsented to by the Governor.

,\ Petition of Oliver Partridge in behalf of John Dickinson of Hatfeild— Set tiiijj
forth That the said .lobn in the month of August last, having no Permit to sell
Koirituous Liquors dill ignor.mtly sell one barrell of Rum for wliirh as .appears by
the Collectors Certilicate. the duty of Excise has been paid. And Praying be may
be exemi>ted from the Penalty of the Law for selling as aforesaid.

In the House of Representatives. I lead and Onlcred That the Collector be directed
not to prosecute the Petitioner said .fohn Dickinson for any violation of the Law.
It appearing that the Kxeise for the Rum sold has been duly paid to the Collector.
In (ouneil. Read and Concurred.

('onsented to by the Governor. "—/^;■|^, ml. XXITT., p. 21,

" June 7, 1750. A Petition of Timothy Nash of Road-Town— Setting forth That
lie hath u permit in common form for the selling of Rum at his dwelling House or
Store in said Roiwl Town, but that he hath inadvertently and without any design of
defrauding the Government sold Kmn el.sewbere, for which he halli nevertheless
paid the duty of Excise. And praying that he may be exempted from the Penalty
of the Law for selling as aforesaid.

Ill the House of R(<pre.sentative8. Reiul and Ordered That the Collector bo tli-

[Notes.] PnoviKCE Laws. — 1758-00. 239

rectod not to prosecute the Petitioner for any violation of the Law, it appearing that
the Exiiso for the Rum sold has been duly paid to the Collector. In Council.
Read an<l Concurred

Consented to by the Governor."— /■?»/(/., /). '22.

" Juno 7, IT,")'.!. A Petition of Martyn Phelps of Northanii>ton— Setting forth That
He is licensed to be a retailer of strong Liquors in said Town. That He purchasing
two barrells of Rum at Boston for that purpose, was trausimrting the same home,
but to accomodate an Inidiolder in said Town about four miles bi'fore he readied
home did inadvertently sell one of said liarrells of rum, but without any Intention
to defraud the Government, ami has duly ])aitl the duty of Excise thereou. And
praying he may be exempted from the penalty of the Law for so doing.

In the House of Representatives. Read and Ordered That tlio Collector be di-
rected not, to prosecute the Petitioner for any violation of the Law. It appearing
that the Excise for the Rum sold has been duly paid to the Collector. In Council.
Read and Concurred.

Consented to by the Governor. — Ibid.

'•June 12, 175;>. A Petition of Jeremiah Green Esq— Setting forth That one
Thomas Stinson a person admitted a RetaihT of Rum &<= in tlu^ Town of Boston, is
employed by the Petitioner to manage the affairs of his Distill-house, ami appre-
hending that by his License he w;xs at liberty to Sell Rum and otluu- distilled Liq-
uors Irom said Still house, accordingly so did, and kept a particular account of the
same, and rendered said Account to the Collector of Excise, and is ready to pay the
duty according to Law. That John Hill Esq and two others retailers and permitted
persons received of said Stinson three hogsheads of Rum, and in their account ex-
hibited by mistake that said Rum was bought of the Petitioner, when in fact it was
bought of said Stinson and he has rendered an Account thereof to this Collector as
sold to them. Yet M' Thomas Fletcher the Collector thinks himself bound by liis
Oath to jn-osecute the Petitioner for selling said Rum contrary to Law, altliougli he
is at th(> same time satislied there was no design to defraud the Government of the
duty, and has certitied that the same; has been paid — Therefore Praying Releif.

In the House of Representatives Read and Ordered That the Collector of Excise
bo directed not to prosecute the Petitioner. Provided He duly pays the Excise to
him for the Rum mentioned, the omission in presenting his Account notwithstand-
ing. In Council. Read and Concurred.

Consented to by the Governor." — Ihi'L, p. 43. ■

".January 24. 17(iO. A Petition of Daniel Clarke Collector of the Excise upon
Spirits &<= for the County of York— Setting forth That as the County is of large ex-
tent He is at great trouble and expence in Collecting the duties of Excise. And
Praying a fur1;lier Allowance.

In the House of Representatives Read, and in asmuch as the County of York is of
so large an Extent as renders it very inconvenient to the Petitioner to collect the
Excise at three per Cent. Tlusrefore Voted That the Petitioner be allowed two per
Cent in addition to the said three per Cent, making in the whole five \p' Cent from
March 25. 17.')'.> to March 25. 17()0.

In Council. Read and Concurred. Consented to by the Governor." — Ibid., p.
20:!.

" April 2(), 1760. A Petition of Philip Masters of Boston Retailer— Setting forth
his distressed Circumstances by reason of the late Fire wherein he lost his House,
and almost every thing in it, and among other things the money he had laid by to
pay the duties of Excise for the last half Year. And Praying that the said duties
may be remitted him.

In the House of Represeutatives Read, and in Answer Ordered That the Excise
due from tlie Petitioner to the Government from the 25"' March 17.j'.) to 24: March fol-
lowing be remitted to him. And that the Commissioner of Excise on spirituous Liq-
uors for the County of Suffolk for the Year 17.50 govern himself accordingly.

In Council Read and Concurred Consented to by the Governor." — Ibid., p. .378.

See, akso, notes to 1759-00, chap. 28.

C'fu'p. .32. Neither the time limited for enlistments, in the resolutions of March
1.3th, nor the number of men voted to bo raised, seems to have met the Governor's
expectation or desire, and on the day when thosi> resolutions were; finally rejiorted
he sent a message to the Assembly expressing .a Iiojh; that the failuri^ to laise, this
year, a force as large as was raised, "at once," in the jirevions yciar would not
prove .a " prejudice to the service." He suggested that the gravity of the situation
recpiired at least an effort equal to that which was made by them in the former
campaign, and that a failure to furnish as large a quota might disarrange moivsures
in the formation of which such a quota had been relied upon, and so " be of the
must fatal consequences."

On the following day a committee was appointed to consider this message and
prepare an answer thereto. This answer, which was immediately ))repar<'d, ri'fers
to tile pa.st conduct of the Assembly as an assurance that they lia<l " no regard to
quotas but were governed by the importance of the service," that, thnngh their
disposition was unchanged, it was as difficult to raise .")0<)i) men this year as it had
been to raise 7(XX) men for the last campaign;— " ami the distress of the province
then was as great as it could support itself under." They added that they could
not then determine what furtlicr could be done after raising riOOO men but that the
province would continue, as it always had done, to exert itself to the utmost.

A few days later, letters of encouraging imi>(>rt were ree<Mved from Secretary Pitt
and Gen. Amherst. These the Governor laid befon? the House of Representatives
on the twenty-first of March. In the letter from Audierst, dated the l.'lh of the
Bame mouth, the General informed the Governor of his intention to send 2500 of the

0|Q Province Laws. — 1758-59. [Notks.]

Massachusetts quota to taki; the place of regular troops then in garrison at Louis-
hoiirg, Halifax, Nova Scotia and the Bay of Fuudy, there to remain on garrison
dutv7\vitli the i)o.ssiljility that a portion of tliem would proceed on the intended
expedition up the St. Lawrence. This message and accompanying letters were
imraediatelv referred to a committee.

Gen. Amherst wrote again on the twenty-third, after he had received informa-
tion of the vote of the Assembly for raising forces, expressing his disappointment
that the quota had been reduced'from that of the previous year. Before this letter
arrived the Governor had renewed his recommendation to the legislature to in-
crease the quota, which, he urged, was to bo employed in a cause that the province
iiad always desired to engage in, and for the failure of wliich through their want of
zeal they could never be excused. He concluded this message witli the following
appeal: "If it be now in your hearts to join your King and >[uther country, now
shew your zeal as to the ways and means of comi)lcating efforts that call for your
whole strength! I must refer wholly to you." Tiiis message was duly referred to
a committee, but, before they reported, the following jiroceedings took place: —

" March '28, IToH. The Uoinraitteo appointed tlie "Jl Ins' to consider of the several
Letters his Excellency was pleased to lay before; the two Houses relative to the
Operations of the ensuing year— Ile[iorte(l as follows That it is necessary such an
Addition be made to the live thousand Men raised for liis Majesty's Service under
the General and Commander in Cheif of his Majesty's Forces as that the whole
number of Men in the Pay of the Province including those in the Province Ship,
those at Castle William, and those upon the Inland Frontiers may amount to seven
tiiousand, the additional number now raised to be under the Direction of the
Commander in Cheif of his Majesty's Forces in all respects as fully as the Four
thousand six hundred men, for raising of whom Provision has been made this
present session. (Signed) T: Hutcuixson 4^-' order.

In Council. Read anvl Sent down.

In the House of Representatives Read and after a debate Ordered That the fur-
ther consideration of this Report be referred till the next Sitting of this Court. In
Council. Read and Noncoucurred." — Council Records, vol. XXII. , p. (>;>8.

The thanks of the Assembly were also voted to the Governor for his repeated
applications to the King for reimbursement, and preparations were made for trans-
mitting the money, if voted; if not, the Agent was instruct(!dto use his best endeav-
ors to procure an appropriation. 'Surgeon's chests, shirts, hose and shoes were
directed to be provided for the army and then the following action was taken;—

" JIarch 2S, 1750. The Committee appointed on his Excellency's Message of the
2G Instant reported the following draft of an answer thereto submitting the same

(Signed) Is.\.\c Rovall.

May it please your Excellency

The importance of the Service which your Excellency has so warmly recom-
mended to the two Houses has induced them to come into measures for raising a
numb(!r of Men, which they at present apprehend equal to the Abilities of the
Province! especially considering how many have already entered into other S(>rvires,
notwithstanding which, if after the raising tin; Men already voted, the necessity of
the S<Tvic(\ and State and Circumstances of the Ciovcruincnt will admit, we shall
bo still willing to exert Ourselv(!3 to the Utmost; but as it is necessary that the
several Mcmllers of the Court should bo at their respective Towns to encourage
the Levies already Voted, they are desirous, if your Excellency thiidis projier, of
having a short Recess, and when they come togt^ther again, after the time appointed
for the coini)leating of the said Levies, they will be the better able to judge! how far
it is in their power to exert themselves further. In Council. IJead and Acceiited.
And Ordered That Samuel Danforth Esej with such as the honourable House shall
join he a ('i)Tiniiittee to wait on his J'',xcellency with the said Message!.

In the- Iliiuse! of Re'preseutativcs Ue'ad anel Concurred and Col^" tJuckminster anel
Ml" Tiirue'r are! je)in(!d in the! Affair." — Ibid., p. (U.'t.

At the' beginning of the! (ifth se-ssion (.Apr. 11,) tlie Governor sent down a mcssago
whie-h, with the ae'tiem of the Assembly thereon, is hereunder given: —

" G(!ntli'me'n of the Ce)uncil and House of Representatives.

I liave! by my Spee'eh anel se!ve'ral Message's this Se'ssie)ns laiel be-fore You every
Re'.asein auei Meiiive- that e'lm inelnce you to je)in your Iving anel the Me)fhe>r Country
with the! .sMuiei l';ib)rts \i)\\ diel last year. Ye)u have answere-el Me- that ye)u will
exe^rt yeiurselves te) the- lltnieist of your Al)ililie-s, anel that if, Afte-r raising the> pre>s-
ent TiOiM) >b'n, it. sheiuld appear that the! Aliilitie's of the- I'ren'ine'e' we-re- e-epiid te) the
raising ine)re: Jle;n, yon would, if the Service shoulel reiiuire it, further exert your-
Bclves.

You will SCO by tlio Lettev.s I now order to be laid before Yon, that the Service
dos abse)lufely require it, anel I can neld nothing to the Motives which nnist arise
fre)m the' Cejusielerations of your own Honour, Duty and Interest.
Ce)iineil Cliamher T. Pown.m.l.

April 11. IT.V.t

Two Letters from Maje)r G(>neral .\niher.st one date>d New York • the either

April, t IT.V.i, being the Le'tte-ra referred to in the foregoing Mes.sage were after-

Warels laiel he'feire! the- twe) He)USi-S." — //)/r/., }>. {'A~.

"April l_', nr)!). In the! Heuise of Ke'iiresentativcs Voted that M' Prat, Col"
While-, ('aj)l" Uai-on, Ce)l" (b-rrish anel M^ Tyng with sne-h as tlie honourable Board
Hhall aiipeenit be a Ceinunilte-e- te> take- his Exe-e jh-ncy's Me-s.sage- anel Le-tte-rs re-fe-rre-el
to, nnele-r eimsieleratie)!), anel re-]>e)rt, what the-y judge! leroper fe>r this Cotirt te) ele)
tlien-een. In Conneil. Ke-ae| anel ("e)ne-inreel anel Ins llone)ur the Jaeutenant (ie)v-

• March 23. f April 6.

[Notes.]

Province Laws. — 1758-59.

241

ernor, John Osborne, John Gushing, and William Brattle Esq™ arc joined in the
Aff Air."-— Ibid., p. MS.

This was followed by another message, on the 18"', upon which a vote was passed
referring it, with the accompanying letters, to a joint committee; and on tiie same
day the Assembly voted to raise loOO men in addition to the number already voted
to be raised, and sent up an address in answer to the Governor's message of the
11th. The message, vote of reference, and subsequent proceedings are hereunder
given: —

" Gentlemen of the Council and House of Representatives.

Upon litting out the Troops for the present Expedition, I find a large and unex-
pected deticiency of Arms.

The measure (namely that of Stoppages on the mens Pay) gone into by the Court
to remedy this, may make Amends for the Loss, bul clos not remedy the dcjkknnj.
Now it appears to mo that Stoppages made for the Loss of Arms given by the Crown,
are in the nature of the thing appropriated to replace them, as the rrovince has in-
dented for them. And I cannot but think that Stoppages made for Arms granted
by the General Court should in the reason of the thing be also api)ropriated to re-
place Province Arms, as these are a Grant already made to the Crown.

However I recommend this Matter to your consideration And if you think any
thing further necessary to be done I must desire You will appropriate the Sum
arising by such Stoppages to tlic buying other Arms, and I will make myself an-
swerable to the Province for them.
April IS, 1759. T. Pownai.l

In the House of Representatives Read and Ordered That M"" Flucker M'' IIat<h and
Mf Russell with Such as the honourable Board shall appoint take this Message
together with the Account of Stoppages charged in the several Muster Rolls for
Arms &c not returned in the Expeditious 1757 and 1758 under consideration and
report what they Judge proper to be done thereon. In Council. Read and Con-
curred and Benja Lynde & Samuel Watts Esq" are joined in the Affair."— /!;/cZ., p.

" April 18, 1759. The House of Representatives having sent up to the Board for
their Concurrence an Establishment for fifteen hundred Men in addition to the
5000, already granted for the general Service of the year, the Board took the same
into consideration, but declined passing upon it at present and appointed Benjamin
Lynde Esq and Others a Committee to go down to the House of Representatives
with a verbal Message to acquaint them that the Board had not passed upon said
Establishment as they appi-elicnded that neither the Number of ^len thus provided
for, nor the Bounty for their encouragement to inlist, nor the Proemium granted for
the inlisting Officers, were sufiicient to answer the purpose, and to move to the
House to reconsider the matter, and if they should be of opinion the Circumstances
of the Province would allow of it, to make such further provision as they should
judge best.

To which Message the Board received an Answer by Colo White and Others a
Committee of the House of Representatives informing the Board that the House
had considered their Message, and did not judge it fit to augment the number of
Men or the Bounty.

The Board then proceeded to pass upon the Establishment which is as follows
viz'

In the House of Representatives Whereas the Extraordinary Efforts of this Prov-
ince for his Majesty's Service ever since the commencement of the Rapture with
France, more especially in the last Campaign have reduced it to such an exhausted
and distressed State, that the Province could not without great difficulty raise the
Five thousand :Meu it has already raised, and that another Impress this year would
be of ruinous and fatal consequence.

Therefore Voted and Resolved That so many Men as with their Officers will
make up fifteen hundred be raised by voluntary Inlistments, if they can be so pro-
cured, but not otherwise: That each able bodied effective Noncommissioned Officer
and private Soldier who shall inlist into his ISfajesty's Service in the Expedition
against Canada on or before the tenth day of May next sliall on his passing muster
by such Person whom his Excellency the'Governor shall appoint in the Regiment
to which they belong, be intitled to receive as Bounty two "Trea-surer's Notes, one of
Six pounds payable with Interest on the second day of June 17(iO, and one of Eight
pounds payable with Interest on the second day of June 17(J1, together with a Blan-
ket, Knapsack, Canteen, or Wood Bottle, and orbfer Articles in the like proportion
as have been allowed to the 5000 already Voted by this Court.

Also Voted and Resolved That the following Establishment be made for the Ofli-
cers and Private Men that may be raised in consequence of the above Resolve viz'

4^" month
For one Colonel for said fifteen hundred men . .... £.25.

For one Lieutenant Colonel for said Regiment ... . . IG. 13. 4

For one Major to ditto 13. (j. 8

For a Captain of Fifty Men including OflBcers . . ... 9. " "

For two Lieutenants for such Company, each 5. " "

For one Ensign for ditto 3. 10.

For one Chaplain for each Regiment, if a settled Minister and leaves his

Congregation 10. "

For a Minister not settled 8. "

For one Surgeon to ditto 10. "

For two Surgeon's Mates to ditto, each 6. 6. 8

For one Adjutant 4. " "

For one Quarter Master to ditto ......... 6. " "

'242 Pkovince Laws. — 1758-59. [Notes.]

f' month
.-.„ - - 2. 3. 1

For each Corporal 1. 18. 7

For two Dniiiimcrs, each . . 1. 18. 7

For each Private. 1- H).

Also fiirtluT Resolved That all other Allowance be granted to the Officers and
Men now ti bo raised, as has been granted to them already raised, and that they be
c-ontinuod in tlie Service for a time not exceeding the first day of November next,
and to be dismissed as mucli sooner as his Majesty's Service will admit.

Also Resolved That his Excellency the Governor be desired in issuing his Com-
missions to grant them to such persons as being otherwise qualified, and being
Inhabitants of this Government sliall inlist the greatest number of Men.

Also Resolved That the following Establishment be made viz'

^ montli

For one Gunner for the Forces going to Penobscot £ 5. " "

For one Quarter Gunner for ditto 2. 10. "

For oni- Quarter Master for each of the Regiments going AYestward . 5. " "

Fur a <'cnnnii.ssary for ditto 8. " "

Fm* a Commissary for the Regiment destined to Louisbourgh . . 8. " "

For tlirc(^ Commissaries for the Forces destined for Nova Scotia, viz' one

to b(! at Ifalifax, one at Fort Cumberland & one; at Annajiulis, each 8.
■SVliich Comniissaric^s are to have the care of issuing t)Ut the Hospital Stores.

Also Resolved That those Persons who shall be appointed Connnissaries for the
intendc<l Expedition the present year shall not on any pretence whatsoever supjily
the Forces with auy Stores of any kind, but what they receive from the Govern-
ment. And if any of said Comniissari(>s shall sn])ply f lie sai<l Forces in any other
way tlian as aforesaid he shall not be entitled to any Wages from th(^ Government,
nor be made up in any Pay Roll whatsoever. In Council. Read and Concurred.

Consenr(nl to by the; Ctovernor.

In the House of of * Represcmtatives. Voted That three shillings be allowed in
addition to th(i three already passedasaProemium tothe enlisting Otficers for raising
Men &'• In Coimcil. Read and Concurred.

Consented toby the Governor.

The Committee appointed to consider his Excellency's Message recommending
an augmentation of the Forces— reported the draft of a Message to his E.Kcellency,
as follows— (Signed) T: Hutchinson—'

May it Please your Excellency.

The several Reasons and Motives which your Excellency has from time to time
laiil before the two Houses in order to induce an AugmiMitation of the Forces for
tlie Service of the prciscnt y<!ar have bcicn maturely weighed and considered by ns.

We have likewise^ had an Opportunity in the Recess of the Court of acquainting
Ourselves with the State of tho several jiarts of the Province, and its Al)ility for
raising an .\dditional number of Men. Wc aeknowledgi; with ClratitiuhHliat the
Interest and Ease of tho People has been consulted by your Excellency in making
tlu! lat(! Levy ius far as could consi.st with his Majesty's Scrxice. and the purposes
for wliich the Men are raised. Tho Distress brought ui)on the Inhabitants is not-
witli-^tanding extremely great.

The number of Men raised this year we are sensible is not equal to that of the last.
The Assi'Uibly then made the greatest Effort that has ever been known in the Prov-
ince. They lookeil upon it tobc the last Effort; They had no expectation that it
could be repeated, and it was really so great as to rend(?r it im]iractieable for Us to
make the like a second time. The numbi^r of our Inhabitants is since then much
le.ssen'd. Some were killed in Rattle, many died by Sickness while they were in Ser-
vice, or soon after their return home. Great numbers have? inlisted as Rangers Ariili-
ccrs, Kecruits in bis Majesty's Regular Forces, and for other liranchesof tin; Service.

The niipr<i-edented Charge, of the last year also tends to increase the distress of
the Province, the ex pence of the Regim(!nts raised for his Majesty's Servic<^ amounted
to near One liundred and twenty thousand Pounds SteriP, besides this tho Inhabit-
ants of tlie si-vernl Towns in tin; Province by Fines or by Voluntary Contributions
to procure Men for the Service paid at least Sixty thousand jionnds Sterling more,
whiib is in all respects as burdensome as if it Jiad been raiscnl as a Tax by this
Go\-eriiineiit. The I)efenc<; of our own Frontiers .•iiid the other ordinary Charges
of <;overnment amount to at least Thirty thousand pounds .Sterl" more. l?ecaus(>
the Province the last Year raised TiKH) Men, it is inferred that it is able to raise the
Baiiie number this, and no .MIowance is made for its being so much reduced in its
Estate anil ninnber of Iidiabitants.

We have generally been the first in propo.sals for Public Service, and liavo deter-
mined what Force we would eniplov. Other (bivcrnments have followed after Us
in just what proportion they pleased, and wc- wish it had been in an c(pial one. We
arc now lessened and they ari^ incn-ased, and NVe are yet urged to ctiutinue the
H.-iine ]iroportion. Wc ha\c always chose to avoid entering into the consideration
of (>uotasor Proportions, hut Wc seem now obliged to do it. We conceive that in
ordir to determine a just proportion, tin' Wealth, the number of Inhabitants and
the Charges of each Government for its iuniicdiate defence are all to come umler
consi.hration. H this be alloweil to bo a just Rule to determine by, w(> are sure
that not only in all pjist Years, but in this present year also we hav<' done inm'e in
proportion to the (general Serviet^ than auy oik^ (ioverumeni upon the Continent.

We know of no Qnolii settled for each ('olony. The .Agreement made at Alliany
by tho Connnissioner.s in the year 17"»4 has been generally urged a.s a Rule of pro-

•SU.

[Notes.] Province Laws. — 1758-59. 243

portion since that time, but it was agreed by the same Commissioners that Regard
should be always had to the special Services of any Colony for its immediate defence.
We are obliged to keep six lumdred Men in jiay for the defence of our Frontiers &
Sea Coasts; this Charge some of the other Governments are wholly free from, and
the rest snliject to in very small degree. Exclusive of the (XK) Men aforesaitl wo
have already raised 5000 Men for the General Service, Coimecticut have raised in
l)roportion to the SIXM), only according to the Albany Plan without any Regard to
the (iO(); every other Government falls short even of that, so that We liave this year
alreadj' done more in pro]iortion than any of our Neighbours.

We are told that We are the leading i'rovince. We have been so for many years
past, and we have been as long unecjually burdened. Wo have bornt; it patiently,
although We have seen our Inhabitants leaving Us and removing to other Govern-
ments to live more free from Taxes, and a few years ago for this reason alone, four
of our Principal Towns refused to submit any longer to our Jurisdiction, and
another Government found a j^retence for receiving them, and they arc not yet re-
turned to Us. Under these dithculties We are still willing to alTord every reason-
able aid in our power. A further Impress would distress an<l discourage, the I'eo-
jile to such a dc";ree, that as well in faitlifuhuss to the Service, as to the particular
Interest of this Province We are bound to decline it, Rut great as our Rurdens are,
We have now engaged a bounty more than double what has ever yet been given by
the Province in order to procure a voluntary Inlistment of fifteen hundred Men
over and above the five thousand already raised, and we have reason to hoi)c that
this Bounty will be sufficient and have the Effect which your Excellency desires.

In the House of Representatives Read and Ordered That this Report be accepted
and that Col" Jones and Col" Lawrence with Such as the honourable Board shall
ajtpoint be a Committee to wait on his Excellency with the foregoing Messagi!. In
Council. Read and Concurred and Andrew Oliver Esq is joined in the AlTair."—
Ibkl.,p.m2.

"April 24, 1759. In the House of Representatives Voted That the time for in-
listing the fifteen hundred Men which was determined by this Court to be on or be-
fore the 10"' of May next, be further lengthned to the 17''' of the same month. In
Council. Read and Concurred.

Consented to by the Governor." — Ibid., p. G82.

There were other messages and votes this session connected with the subject of
raising men for the service; but as they related, chiefly, to the deficiency and pro-
curement of arms, to the protection of the frontier town of Stockbridge— left ox- ,
posed by the absence of nearly fifty of its men who had entered the service— and to
a proposed impress of sailors to man the transports, they are omitted here as not
specially pertinent to this chapter.

('Imp. ?t&. " January 17, 1757. In the House of Representatives January 15, 1757.
—Whereas in and by an Act of this Province made and passed in the Twenty Ninth
Year of his present Majestys Reign, intitled ' an Act for raising a Sum of IMoney by
' a Lottery or Lotteries for the paving and repairing the Neck, leading out of the
'Town of Boston, called Boston Neck '—

Mess™ Samuel Grant, Thomas Hill Joshua Henshaw, Joseph Jackson Thomas
Cushing Samuel Hewes & .lohn ScoUay of Boston, or any three of them are allowed
& Impowered to Set up and carry on One or more Lottery or Lotteries amounting in
the whole to such a Sum as by drawing or deducting Ten ^ Cent out of the Same
or out of each Prize or Benefit Ticket may raise Three thousand Pounds & no more,
which Sum when raised should be paid to the Town Treasurer of Boston within
Ten days after the Sale of the Tickets for the Lottery or Lotteries aforesaid shall be
compleated— And Whereas the aforesaid Sanuiel Grant, Thomas Hill, Joshua Hen-
shaw, Joseph .lackson, Thomas Cushing Samuel Hewcs & John Scotlay have pro-
posed to raise the said Sum of Three Thousand Pounds by Five several Lotteries &
liave accordingly set up & carried on One of the said Five already whereV)y they
have raised Two Thousaiul Dollars, and paid tin? same into the Treasurer of the
Town of Boston, and are now carrying on a Second Lotterj-, for the raising Twenty
One Hundred Dollars more, which is near compleat, and whereas a Doubt has
arisen whether the Select Men of the Town of Boston for the time; being, who are by
said Act impowered to Contract and agree for the Paving and Repairing the Neck
aforesaid can enter upon or begin the same till the full Sum of Three Thousand
Pounds be raised, & thereupon a considerable Sum of Money must be unimproved
and the Work not effected for a long time which would be a Publick damage.

Resolved that it is the true intent and meaning of the said Act that on the said
Samuel Grant, Thomas Hill, Joshua Henshaw, Joseph Jackson, Thoiuas Cushing
Sanmel Hewes & John Scollay thtiir receiving the Sum prop<js(,'d to be raised by
each Lottery and paying the same to the Treasurer of the Town of Boston, the
Select Men of said Boston for the time Ixiing be & accordingly they hereby are
Authoriz'd and ImiK)wered to begin & Carry on the said Work, and to draw out of
tile Treasury the Money so raised from time to time, for the End & Use provided
for in said Act. In Council; Read & Concurr'd.

Consented to by the Lieutenant Governour." — ConA'-il Records, vol. XXI., p. .>18.

"August 27, 1757. A Petition of the Selectmen of the Town of Boston— Praying
that they may be indulged with further time for drawing the Lotteries grante<l
them by the Govennnent, than that to whii-h they are confined by the Act of this
Court. And that they may be allowed to l.'iy oiU a part of the money which may
be rais'd l)y said Lotteries in building a Wharf or Wall for the preservation of the
Pavement, for the effecting of which the Lotteries aforesaid were origitially grantcMl.

In the House of Representatives. Ordered That the Prayer of tliis Petition be
granted. And that the Memorialists have liberty to dispose of such Ticketta as are

244 Pkovince Laws. — 1758-59. [Notes.]

not yet sold of their Lottery N° 3 for the apace of three months from and after the
7'h of September next, and to draw said Lottery within that time. Also that said
Memorialists be and they hereby are allow'd such further time for drawing any
other Lotteries they are impowered to do by the Act passed in January 175G, for the
purposes therein mentioned, as they shall judge necessary and convenient not
exceeding two years in the whole from this time any thing in the said Act to the
contrary notwithstanding. Also that the Memorialists be, and they hereby are
impowered to lay o)it so much of the monies as already hath been or hereafter may
ho raised by Lotteries for building a "Wall or Wharf for securing the Pavement on
the Nock as they may think proper, and then proceed to finish the remaining part
of paving said Neck according to the directions of the Act aforesaid. In Council.
Eeatl and Concurred.
Consented to by the (Jovemor." — Ibid., vol. XXII., p. 99.

ACTS,

Passed i 759-60.

[245]

ACTS

Passed at the Session begun and held at Boston,
ON the Thirtieth day of May, A. D. 1759.

CHAPTER 1.

AN ACT FOR GRANTING THE SUM OF THIRTEEN HUNDRED TOUNDS,
FOR THE SUPPORT OF HIS MAJESTY'S GOVERNOUR.

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

That the sum of thirteen hundred pounds be and hereby is granted
unto ills most excellent majcstj', to be paid out of the pul)liek treas-
urer* to his excellenc}' Thomas Pownall, Esquire, captain-general
and governour-in-chief in and over his majesty's province of the Mas-
sachusetts-Bay, to enable him to. carry on the affairs of government.
\_Passed June 15.

CHAPTER 2.

AN ACT FOR APPORTIONING AND ASSESSING THE SUM OF NINETY-
FOUR THOUSAND SEVEN HUNDRED AND EIGHTY POUNDS THREE
SHILLINGS AND TWOPENCE; ALSO FOR APPORTIONING AND ASSESS-
ING A TAX OF THREE HUNDRED POUNDS, FOR FINES LAID UPON
TOWNS THAT HAVE NOT SENT ANY PERSONS TO REPRESENT THEM
IN THE GENERAL COURT THE PRESENT YEAR; ALSO FOR APPOR-
TIONING AND ASSESSING A TAX OF FIVE THOUSAND ONE HUNDRED
AND THIRTY-FOUR POUNDS ELEVEN SHILLINGS, PAID THE REPRE-
SENTATIVES FOR THEIR TRAVEL, SERVICE AND ATTENDANCE IN
THE GENERAL COURT, IN THE YEARS ONE THOUSAND SEVEN HUN-
DRED AND FIFTY-SEVEN, AND ONE THOUSAND SEVEN HUNDRED
AND FIFTY-EIGHT; ALSO FOR ASSESSING A TAX OF SIX HUNDRED
AND SIXTY-TWO P0U5,'DS FOUR SHILLINGS AND SIXPENCE, UPON
THE TOWN OF SHERBURN, UPON NANTUCKET, IN LIEU OF THEIR
PROPORTION OF SOLDIERS FOR CARRYING ON THE PRESENT WAR;
AND ALSO FOR ASSESSING A TAX OF THREE THOUSAND AND FIFTY-
THREE POUNDS ONE SHILLING AND FOURPENCE, UPON SUNDRY
TOWNS, TO BE LEVIED UPON THE PEOPLE CALLED QUAKERS, IN
LIEU OF FURNISHING THEIR RESPECTIVE QUOTAS OF MEN FOR
THE MILITARY SERVICE, IN THE YEARS ONE THOUSAND SEVEN
HUNDRED AND FIFTY-EIGHT, AND ONE THOUSAND SEVEN HUN-
DRED AND FIFTY-NINE.

Whereas the groat and general court or assembly of this province itst-ss. cb.p. 3,
did, in their sessions in May, one thousand seven hundred and fifty- ^^
seven, levy a tax of sixty-nine thousand and eight hundred pounds ;

• Sic: treasury.

247

248 Piiovi^'CE Laws. — 1759-GO. [Cuai-. 2. J

1757-58, ch«p. 4, and also, in the same session, did lev}' another tax of four thousand one
S^- hundred and thirty pounds ; and at the session in March, one thousand

3m'2?'"^^' seven hundred and fifty-eight, did levy a further tax of thirty thousand
pounds, — amounting in the whole to the sum of one hundred and three
thousand nine hundred and tliirty pounds ; and b}' said acts, provision
was made that the general court, at this present session, might appor-
tion the same on the several towns, districts, parishes and places
within this province, if the}' thought fit ; wherefore, for the ordering,
directing and effectual drawing in the said sum of one hundred and
three thousand nine hundred and thirty pounds, we, his majesty's
most loyal and dutiful subjects, the representatives in general court
assembled, pray that it may be enacted, —

And be it accordingly enacted by the Governor, Council and House of
Representatives,

[Sect. 1.] That each town, district, parish or place within this
province be assessed and pay, as such town, district, parish and
place's proportion of the sum of one hundred and three thousand nine
hundred and thirty pounds, the several sums following ; that is to
say,—

[1st Sess.] Pbovlnce Laws. — 1759-60.

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[1st Sess.] PiioviNCE Laws.— 1759-60. 2G1

And be it farther enacted,

[Sect. 2.] That the Ireasurer do forthwith scud out his warrants, nuicrtforosKuiB-
dirc'Cted to tiic sclcctuicu or assessors of each town, district or parish
or other phicc withiu tliis province, tliat arc taxed, requiriiiu; them,
respectively, to assess the sum herel)y set upon such town, district or
parisli or other place, in m;inncr following; that is to sa}', to assess
all rateable polls above the age of sixteen years, within their respective
towns, districts, parishes or other places, or next adjoining to them,
Ix'longing to no other town or place, fifteen shillings and eight pence
l)er poll, (excepting the governor, lieutenant-governor, and their fami-
lies, the i)resident, fellows, [)rofessors, Hebrew instructor and students
of Harvard College, settled ministers and grammar-s(;hool masters, who
are hereby exemptetl as well from being taxed for their polls, as their
estates being in their own hands, and under their actual management
and improvement; as also the estate i)ertaining to Harvard College) ;
and other persons, if snch there be, who, through age, iutirmity or
extreme poverty, in the judgment of the assessors, arc not able to pay
towards public charges, they may exempt their polls, or abate )jart of
what they are set at, as in their prudence they shall think tit and
judge meet.

[Sect. 3.] And the justices in their general sessions, in the respec-
tive counties assembled, in granting a county tax or assessment, are
hereb}' ordered and directed to apportion the same on the several
towns, districts, parishes and other places in such county, in propor-
tion to their province rate ; and the assessors of each town in the prov-
ince are also directed, in making an assessment, to govern themselves
by the same rule ; and the incomes of all estates, both real and personal,
lying within the limits of such town, district, parish or other place, or
next unto the same, not paying elsewhere, in whose hands, tenure,
occupation or possession the same is or shall be found, and also the
incomes or profits which any person or persons, except as before
excepted, do or shall receive from any trade, faculty, business or
employment whatsoever, and all profits which shall or may arise by
money, or commissions of profit in their improvement, according to
their understanding or cunning, at one shiUing per pound ; and to abate
or multiply the same, if need be, so as to make up the sum set and
ordered hereb}- for such town, district, parish or other place to pay ;
and, in making their assessment, to estimate houses and lands at six
years' yearly rent whereat the same may be reasonabl3' set or let for
in the place where they lye : savin'j all contracts between landlord and
tenant, and where no contract is, the landlord to reimburse one-half of
the tax set upon such houses and lands ; and to estimate negro, Indian
and mulatto servants propoi'tionably as other personal estate, accord-
ing to their sound judgment and discretion ; as also to estimate every
ox of four 3'ears old and upwards, at forty shillings ; every cow or
heifer of three years old and upwards, at thiity shillings ; everj- horse
and mare of [*] 3'ears old and upwards, at forty shillings ; every swine
of one year old and upwards, at eight shillings ; goats and sheep of one
year old, at three shillings each : likewise requiring the said assessors
to make a fair list of said assessment, setting forth, in distinct columns,
against each particular person's name, how he or she is assessed at for
polls, and how much for houses and lands, and how much for personal
estate, and income b}" trade or faculty, and if as guardians, or for any
estate in his or her improvement, in trust, to be distinctly expressed ;
and the list or lists so perfected, and signed by them, or the major part
of them, to commit to the collectors, constable or constables of any

* Printed act turn: [three, iu the MS. record.]

2G2 Peovlnce Laws. — 17o0-60. [CiiAr. 2.]

such town, district, parish or other place, and to return a certificate of
the name or names of such collector, constable or constables, with the
sum-total to each of them committed, unto himself, some time before
the last da}- of October next.

[Sect. 4.] And the treasurer for the time being, upon receipt of
such certificate, is hercb}- iin[)owered and ordered to issue fortii his
warrants to the collector, or constable or constables of such town, dis-
trict, parisli or place, requiring him or them, respectively, to collect the
whole of each respective sum assessed on each particular person, and
to pa}- in their collection, and issue their accompts of the whole, at or
before the thirty-first day of March, which will be in the year of our
Lord one thousand seven hundred and sixty.
And be it further enacted,
iniiabitantfl to [Sect. o.] That tlic asscssors of each town, district, parish or

liKt'of 'their™" place, respectivel}', in convenient time before their making the assess-
poiis, &c. mcnt, shall give seasonable warning to the inhalntants, in a town-meet-

ing, or by posting up notifications in some place or places in such
town, district, parish or place, or notif\' the inhabitants some other
way to give or bring in to the assessors true and perfect lists of their
polls, rateable estate, and income by trade or faculty, and gain by
money at interest, which they are to render to the assessors on oath,
if required ; and if they refuse to give in an account of the money at
interest, on oath, the assessors are impowcred to doom them ; and if
any person or persons sliall neglect or refuse so to do, or bring in a
false list, it shall be lawful to and for the assessors to assess such per-
son or persons, according to their known ability in such town, in their
sound judgment and discretion, their due i)roportion of this tax, as
near as they can, agreable to the rules herein given, under the penalty
of twenty * shillings for each person that shall be convicted by legal
proof, in the judgment of said asscssors, in bringing a fiilse list ; tlie
said fines to be for the use of the poor of such town, district, parish or
place where the delinquent lives, to be levied 1)y warrant from the
assessors, directed to the collectors or constal)les, in manner as is
directed for gathering the town assessments, to be paid in to the town,
district or parish treasurer or selectmen, for the use aforesaid: saving
to the party aggr[ei][(V']ved at the judgment of the assessors in setting
forth such fine, liberty of a})[)eal therefrom to the court of general
sessions of the peace within the count}-, for rel[ei][«e]f as in the case
of being overrated. And if any person or persons shall not bring
in a list of their estates as aforesaid to the assessors, he or they so
neglecting shall not be admitted to make application to the court of
general sessions, for any abatement of the assessment laid on him or
them.

[Sect. C] And if the person be not convicted of any falseness in
the list, by him presented, of the polls, rateable estate, or income by
trade or faculty, l)usiuess or employment, whicli he doth or shall exer-
cise, or in gain l)y money at interest or otherwise, or other estate not
particularly assessed, such list shall be a rule for such person's propor-
tion to the tax, whicii the assessors may not exceed.

And forusmuc/i as, ollentimes, sundry persons, not belonging to this
province', l)ring considerable trade and merchandize, and by reason that
tlu^ tax or rate of the town where they come to is finished and deliv-
ered to the conslal)le or collectors, ami, l)efore the next year's assess-
ment, are gone out of the province, and so pay nothing towards the

• Fnnii tliiH |ii)iiit lliis cluiiiti-r 1i;vm l)(>cn sujtpliotl from tlio MS. ri'conl of arts in
till- ollii'c tif tin- .Sn-rt'tiiry iif Wv ('oninioinvcaUli; tlin ctiurossiniMit liciiii^ Inst, inul
till- oiil Uiiiiwii |iriiii<'(l cuiiy of tins rtct. Ix'inR imperfect. Tlie Koiiiaii loiters cii-
cluaud iu bruckuls uru from tho record, aiul lUo italics from the printed act.— Eus.

[LsT Sess.] Provinck Laws. — 1759-GO.

263

sui)port of the govcrnmeut, though, in the time of their residing here,
they reaped eonsidcrahle gain b}- trade, and had the protection of the
government, —

Be it further enacted,

[SixT. 7.] That when any person or ])ersons shall come and reside
in an\- town within this provin/o, and liiiiii? any. merchandize, and trade,
to deal therewith, the assessors of such town are hereby impowered to
rate and assess all such persons, according to their circumstances, pur-
suant to the rules and directions of this act provided, tho tlie former
rate may have been liuished, and a new one not perfected, as aforesaid.

And be it farther enacted,

[Sect. 8.] That when au}' merchant, trader or factor, shall set up
a store, and tratlick, or carry on any trade or business, in any town
wiliiin this province, not being an inhabitant of such town, the assess-
ors of such town where such trade and business shall be carried on as
aforesaid, be and are hereby- impowered to rate and assess all such mer-
chants, traders and factors, their goods and merchandizes, for carrying
on such trade and business and exercising their facult}' in such town,
pursuant to the rules and directions of this act : provided, before any
such assessors shall rate such persons, as aforementioned, the selectmen
of the town where such trade is carried on shall transmit a list of such
persons as they shall judge may and ought to be rated, within the intent
of this act. to the assessors of such towui or district.

[Sect. 9.] And the constables or collectors are hereb}' enjo3-ned to
levy and collect the* sumscommitted to them, and assessed on persons
who are not of this province, or are residents in other towns than those
where they carry on their trade, and pay the same. \^Passed June 15.

Sflectincn to
transmit :i list uf
hjiicli persoiirt
befort' Iboy are
rated.

CHAPTER 3.

AN ACT FOR ERECTING THE PLANTATION CALLED NEW M^VRL-
BOROUGH, IN THE COUNTY OF HAJNIPSHIRE, INTO A DISTRICT BY
THE NAME OF NEW MARLBOROUGH.

New Marl-
boroujrli c-ri'cled
into a district,
&c.

Whereas it has been represented to this court that the inhabitants Preamble
of the plantation of New Marlborough, in the count}' of IIam[)shire,
labour under great difficulties by reason of their not being incorpo-
rated into a district ; and praying they may be so erected, —

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

[Sect. 1.] That the said plantation be and hereb}' is erected into
a separate and distinct district by the name of New Marlborough ;
Itounded as follows : beginning at a stake and stones, the south-west
corner (which is the south-east corner of ShefHeld) ; then running north,
one degree and twenty minutes east, to a large heap of stones, tiie
north-west corner; then east, two degrees north, to a stake and stones
near Twelve-mile Pond, the north-east corner ; then sinith, two degrees
west, to a stake and heap of stones in the colon}- line ; then, on tlie
colonv line, till it comes to the Grst-mentioned bounds : and that tho
inhabitants thereof be and hereb}* are invested with all the powers,
liiivilcdges and immunities that the inhabitants of towns within this
province are or by law ought to be vested with, saving only the ciioice
of a representative.

And be it further enacted,

[Sect. 2.] That all monies agreed to be raised bj' the inhabitants A»«cs«m.Mt«

* "All such," in tlie i)rintcil act.

264

PiiovLN'CE Laws. — 1759-60.

[Chap. 4.]

before the
mil of Novem-
ber, IT'ii, de-
clared valid.

Moneys, bow to
be assessed.

District meeting
to be assembled.

Proviso.

and proprietors of said plantation of Xew Marlborough, before the
eleventh day of November, one thousand seven hundred and fift3-scven,
be collected and paid according to their several votes and agreements ;
and their assessments are hereb}- declared valid in law to all intents
and i^urposes : and what monies are necessary for the pa3-ment of their
minister's salary and defreying the other charges of said plantation
since said eleventh day of November, be assessed on the polls and
estates of the inhabitants of said plantation, agreeable to law.

And be it farther enacted,

[Sect. 3.] That John Ashley, Esq., be and hereb}- is directed and
impowered to issue his warrant, directed to some principal inhabitant
within said district, requiring him to warn the inhabitants of said dis-
trict, qualified to vote in town affairs, to assemble at some suitable
time and i^lace in said district, to chuse such officers as are necessary
to manage the affairs of said district.

Provided nevertheless, —

[Sect. 4.] The inhabitants of said district shall i)ay their propor-
tionable part of all such count}- and province charges as are already
assessed, in like manner as tho' this act had not been made. [^Passed
June 15.

CHAPTEK 4.

rreamblc.
17u;>-&4,cliap. 2.

Nrw Pnlem no
lunKer cdiiHld-
rreil an part of
Biindcrliinil In
ihc rhoico of a
rc|iresi'iitatlve.

AN ACT IN ADDITION TO AN ACT INTITULED "AN ACT FOR ERECT-
ING THE TOWNSHIP OF NEW SALEM, SO CALLED, IN THE COUNTY
OF HAMPSHIRE, INTO A DISTRICT."

Whereas, in the act for erecting the township of New Salem, so called,
in the county of Hampshire, into a district, it is, among other things,
enacted that the inhabitants of said district shall have full power and
right, from time to time, until the further order of this court, to join
with the town of Sunderland in the choice of a representative ; which,
by reason of their great distance from the usual place of meeting in
Sunderland, and the badness of the roads, as well as in many other
respects, is found by experience to be very inconvenient ; therefore, —

I3e it enacted bij the Governor, Council and House of Representa
lives.

That from henceforth, the inhabitants of the district of New Salem
Ik- no longer considered as joined with the town of Sunderland for Die
choice of a representative, nor be obhged to pay any part of the
cxpciuH! thereof; anything in said act to the contrary notwithstand-
ing. [^Passed June 15.

[■2d Sess.]

Pbovinck Laws. — 1759-00.

265

ACTS

Passed at the Session begun and held at Boston,
ON the Third day of October, A.D. 1759.

CHAPTER 5.

AN ACT FOR ERECTING THE NEW PLANTATION CALLED NARRA-
GANSETT NUMBER TWO, IN THE COUNTY OF WORCESTER, INTO A
DISTRICT BY THE NAME OF WESTMINSTER.

Whereas the inhabitants of a township formerl}' granted by the
great and general court, commonly called Narragansett Number Two,
have addressed this court, setting forth the many difficulties they now
labour under, which would be effectuall}' remedied if they were consti-
tuted a district, —

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

[Sect. 1.] That the lands formerly granted by the great and gen-
eral court of this province, to the descendants of those who were in the
Narragansett fight with the Indians of that countr[e]y, now called the
proprietors of Narragansett township. Number Two, lying in the county
of Worcester, be and hereby are erected into a distinct and separate
district by the name of Westminster ; the bounds of said district to be
according to their original grant, and as the said lands were laid out,
and the plan thereof accepted, by the great and general court in the
year of our Lord one thousand seven hundred and twent^'-eight ; and
that the inhabitants of the said district be and hereby are invested
with all the powers, priviledges and immunities which the inhabitants
of towns within this province do or by law ought to enjoy, that of
sending a representative to the general assembly only excepted.

And he it farther enacted^

[Sect. 2.'] That William Richardson, Esq^'^, be and hereby is ira-
powered to issue his warrant, directed to some principal inhabitant of
said district, requiring him to notify and warn the inhabitants thereof,
qualified by law to vote in town affairs, to meet, at such time and place
as shall be therein set forth, to chuse all such officers as shall be neces-
sary to manage the affairs of said district.

And whereas the great and general court of this province, at their
sessions in May, one thousand seven hundred and fifty-seven, laid a
tax of fifty ])ounds on the inhabitants of said Narragansett Number
Two, and at their sessions in May, one thousand seven hundred aud
fift3--eight, one other tax of fifty pounds, and at their sessions in May
last, one other tax of fifty-eight pounds ten shillings and twopence,
towards defreying the publick charges of this province, which sums
have not yet been assessed or paid into the province treasur}^ —

Be it therefore further enacted,

[Sect. 3.] That the assessors that may be chosen at the meeting
of said inhabitants to be called as aforesaid, be aud they hereby are

Preamble.

Narragansett
Number Two
a district.

Privileges, &c.,
granted said
district.

William Rich-
ardson, Esq., to
isisiie his war-
rant for as-
sembling the
inhabitants.

Preamble.
1757-58, chax>. 2.

17.58-59, chap. 1.
1759-60, chap. 2.

Riite.<i, how to
be assessed.

2G6

PiiovixcE Laws. — 1759-00.

[CUAP. C]

imi)Owered and directed lo assess the aforesaid sums upon the inhab-
itants of said district, according to the rules of assessment in the
respective tax acts mentioned, and commit said assessment to the col-
lector or collectors that luu}- tlien also be chosen, and return a certi-
ficate of the name or names of such collector or collectors, with the
sum total to each of them committed, unto the treasurer of this prov-
ince, on or before the first da}' of December next ; and the treasurer
for the time being, upon receipt of such certificate, is herein- impow-
ered and ordered to issue his warrants to such collector or collectors,
requiring them, respective!}-, to collect the whole of each respective sum
assessed on each particular person, and to pay in their collection, and
issue their accounts of the whole, at or before the thirty-first day of
March, one thousand seven hundred and sixty. [^Passed October 20.

CHAPTER 6.

AN ACT FOR ERECTING THE EAST WING OF RUTLAND, SO CALLED, IN
THE COUNTY OF WORCESTER,— AND SUNDRY FARMS CONTIGUOUS
THERETO, LYING BETWEEN LANCASTER AND NARRAGANSET [T],
NUMBER TWO,— INTO A SEP [E] [J] RATE DISTRICT BY THE NAME
OF PRINCETO^VN.

Riitlnnd enat
Wilis;, &c.,
rrecK'd into a
(liHtrict, ticc.

Preamble. Whereas a number of the inhabitants and proprietors of the east

wing of Rutland, in the county of "Worcester, and the proprietors and
inhabitants of sundry farms, contiguous thereto, lying between Lancas-
ter tind Narragansett [No. 2,] [^Nuinber Two'], have represented to this
court many difficulties they labour under, and praying that they may
be made a sep[e][a]rate district ; therefore, —

Be it enacted by the Governo[^i(]r, Council and House of Represent-
atives,

[SjiCT. 1.] That the said east wing of Rutland, so called, and
sundry farms lying contiguous thereto, contained within the bounds
hcrcMltcr mentioned, be and hereby is erected into a distinct and sej)-
[e][«]rate district, by the name of Princetown ; viz^'^, beginning
at tlie north-west corner of Lancaster, second precinct, — being also the
south-west corner of Leominster, — from thence run[?i]ing north, [54]
[///"/// -/'>«;•] degrees west, seven hundred and sixty rods, to a heap of

HoundH Uitruof. stoucs upou the liuc of Narragausct [/] [No. 2,] [_Nitmber Ttvo] ; from
thence running west, thirty-five degrees south, seven hundred and
eiglity-eight rocl[.s], to the south-west corner of said Narraganset[/]
Numl)er Two; then turning and running south-east, fifty-six ro<.l, to
the north-cast corner of said Rutland east wing; then turning and
run[/i]inn west, thirty degrees south, eleven hundred and sixty rods,
on the north-west line of said wing, to the westerly corner of said
wing; then run[»]ing south, tliirty-nine degrees east, sixteen hundred
and seventy rod — ^Iteing the dividing line of the fu'st settlers' part of
Rutland, and the said wing — to the southerly corner of said east wing;
then turning and run[»Jing east, thirty-five degrees north, eleven
hunilred and fitly rods, on ll()ld[i][c]n line, to tne corner of said
east wing, II()M[i][r]n and Shrewsbury; and from tlu'uee, run[?(]ing,
on the same i)oint, three hundred and ninety rod on Siirewsbury line, to
the river; and from thence, bonnding on Lancaster, second precinct,
to the lirst menlioneil bounds: and that the saiil district be and hereby
is invested with all the priviledges, powers and immunities, that towns
in this province! by law do or may i-njoy, that of sending a representa-
tive to the general assembly only excepted.

PrlvllcRPii
Itninloil K.'itd
UiRtrlct.

[2d Sess.]

Peovlnce Laws. — 1759-60.

2G7

Provided., nevertheless^ —

And he it further enacted,

[Sect. 2.] That the said district shall pay their jnoportion of all Proviso,
town, county and province taxes already set[t], or granti'd lo he
raised, on the town of Kutland and Lancaster, as if this act had not
been made.

And he it farther enacted,

[Sect. 3.] That William Richardson, Esq., be and hereby is im- wiiiiam uici..
powered to issue his warrant to some principal inhabitant of said "mpIJwc'TJ ''<'
district, requiring him to notify and warn the inhal)itants of said dis- issue iiis war.
trict, qualilled by law to vote in town affairs, lo meet, at such time and "mi.ungiiie
place as shall be therein set forth, to chuse all such ollicers as shall be inhabiianu.
necessary to manage the affairs of said district. [Passed Octoher 20.

CHAPTER 7.

AN ACT FOR INCORPORATING THE INHABITANTS OF A TRACT OF LAND
CALLED NEGUASSET, IN THE COUNTY OF YORK, INTO A DISTRICT
BY THE NAME OF WOOLWICH.

N"c£rua88ctt
lands erected
into a district.

Whereas the inhabitants of a tract of land called Neguasset, in Preamble
the count}- of York, have represented to this court the great diflicul-
ties and inconveuienc[/]es they labour under in their present situation,
and have earnesth^ requested that the}' ma}- be incorporated into a
district, —

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

[Sect. 1.] That the whole of that tract of land in the county of
York, called Neguasset. bounded as follows ; viz^'^, beginning at Tow-
essick Gut, at the head of Arowsick Island, or Georgetown, so
called, and running northerly on Sagadahock, or Kcnnebeck, River,
to a certain pine-tree marked, which is the first marked tree in the
boundar}- line between the proprietors of said land and the riyra-
outh Company ; from thence, easterly on said line, to Monntsweeg Bounds thereof
River, as the line is now established ; and from thence, southerly, down
said river and Mountsweeg Bay, including an island called Oak Island ;
and from thence, again southerly, round a point of land call[e][']d
Phipps's Point ; and from thence, westerly, to a point called Ilawkomoka
I'oint ; and from thence, northerly, running through Ilellsgate, so called,
into Towessick, or Xeguassett, I3ay, to the bounds first me;itioned ; be
and hereby is incorporated into a district by the name of Woolwich :
and that the inhabitants thereof do the duties that are required, and
be invested with all the powers, priviledges and immunities which the
inhabitants of an}- town within this province do or by law ought to
enjoy, excepting only the priviledge of chusing a representative to
represent them in the general assembly ; and that the inhabitants ol"
said district shall have full power and right, from time to time, to join
with the town of Georgetown, in the choice of a representative or
representatives, in wiiich choice they shall enjoy all the priviledges
which the inhabitants of the several towns within this province arc
intitled to.

Provided, nevertheless, —

And he it further enacted,

[Sect. 2.] That the said district shall pay their pix»|5ortion of all Proviso
town, county and province taxes already set on. or granted to be raised
b}', said town of Georgetown, as if this act had not been made.

Privileges, &o.,
granted said
district.

268

riioviNCE Laws.— 1750-00.

[Chai*. 8.]

Buinuc'l Denny,
£bq., empow-
ered to l8Hne bis
warrant for
aoRcmbling the
InbabitADta.

And be it further enacted,

[Sect. 3.] That Samuel Deuiiy, Esqi^'^, l)e and hereby is impow-
crcd to issue his warrant, directed to some princii)al inhal)itant in said
district, retjuiring liim to notily and warn tlie inli;;liilants of said dis-
trict, qualitied by hiw to vote in toMn affairs, to meet, at such time
and place as shall -be therein set forth, to chuse all such officers as
shall be necessary to manage the affairs of said district. [^Passed
October 20.

CHAPTER 8.

AN ACT FOR SUPPLYING THE TREASURY WITH TUE SUM OF ONE
HUNDRED AND FORTY-FOUR THOUSAND AND FIVE HUNDRED
POUNDS, TO BE THENCE ISSUED FOR DISCHARGING TUE PUBLICK
DEBTS, AND DRAWING THE SAME INTO THE TREASURY AGAIN.

Preamble. WiiEREAS the provision alrcad}' made for defre3ing the expences of

the Canada expedition is found insufficient, and no provision made by
the general court for discharging the debts of the ensuing year, —

Be it enacted by the Governour, Council and House of Representa-
tives,
Treamirer em- [Sect. 1.] That the treasurer of the province be and he hereby is

ixjwcTod to bor- impowered and directed to borrow, from such person or persons as shall
be willing to lend the same, a sum not exceeding one hundred and
forty-four thousand and five hundred pcnnids, in mill'd dollars at six
shillings each, or in other coin'd silver at six shillings and eighlpence
per ounce ; and the sum so borrowed shall be applied in manner as in
this act is hereafter directed : and for the sum of sixty thousand pounds,
being part of the aforesaid sum of one hundred and lbrt3'-four thou-
sand and five hundred pounds, the treasurer shall give his receipt or
obliiration in the form following : —

Form of troaH-
urer'u receipt.

£H4,.')00 payable
June W, 1703.

JClU.noofor
t'nnniln exprJI-
tlon.

£2.(»fO for
I'niiacin rxpcdl-
Uon in lltm.

Province of the Massachusetts Bay, the day of

llocoivod of the sum of . for the use and sor-

vice of the province of the Massacliusctts Bay, and, in behalf of said prov-
ince, I do promise and oblige myself and successors in the office of treasurer
to rejiay Iho said or order, the twentieth day of Juue, one thou-

sand seven liuudrod and sixty-one, the aforesaid sum of , in coined

silver at six sliillincjs and eiglitpence per ounce, or Spanish mill'd dollars
at six sliilliiigs each, with interest annually, at the rate of six per cent per
anniiin.

Witness my liaud, II. G. Treasurer.

[Sect. 2.] And for the further sum of eighty-four thousand and
five hundred pounds, being the remainder of the aforesaid sum of one
hun(lred and fort3-four thousand and five hundred pountls, tiic treas-
urer shall give his notes, in the form aforesaid, payable the twentieth
day of June, one thousand seven luindre(l and sixt3--three ; and no
receipt shall l)e given for less than six pounds.

And be it furl /wr enacted,

[SK("r. ;5.] That the aforesaid sum of one hundred and forty-four
thousand and five hundred pounds, when received into the treasury,
sliall be issueil out in fiie manner and for the purjwses following; that
is to say, one Imndred ami twelve thousand pounds, ]iart of the sum of
one Inmdretl and forty-four tliousand and five hundred pounds, shall be
apjilicd lor till' payment of the expences in the present expedition
against Canada ; anci the fiirllicr sum of two thousand pounds, jcirt of
llie albresuid sum of one hundred and forty-foui- thousand aud five

[2d Sess.]

Province Laws. — 1750-60.

269

luiiulreil pounds, 'oliall be applied for the [)a_ymcnt of the services of
the expedition against Canathi in the 3'ear of our Lord, one thousand
seven hundred and fd'tv-eiglit, still uni)aid ; and the further sum of
thirteen thousand i)Ounds, part of the aforesaid sum of one hundred
and forty-four thousand and five hundred pounds, shall be applied for
the service of the several forts and garrisons within this province,
pursuant to such grants and orders as are or shall be made b}- this
court for these purposes ; and the further sum of four thousand pounds,
part of the aforesaid sum of one hundred and forty-four thousand and
live hundred pounds, shall be applied for purchasing provisions, and the
commissary's disbursements for the service of tlie several forts and
garrisons within this province ; and the further sum of four thousand
pounds, part of the aforesaid sum of one hundred and forty-four thou-
sand and five hundred pounds, shall be applied for the payment of
such premiums and grants that now are or may hei'cafter be made l)y
this court ; and the further sum of two tliousand pounds, part of the
aforesaid sum of one hundred and forty-four tliousand and five hun-
dred pounds, shall be applied for the discharge of other debts owing
from this province to persons that have served or shall serve them, by
order of this court, in such matters and things where tliere is no estab-
lishment nor any certain sum assigned for that purpose, and for paper,
writing and printing for this court ; and the furtlier sum of two thou-
sand pounds, part of the aforesaid sum of one hundred and forty-four
thousand and five hundred pounds, shall be applied for the payment of
his majesty's council and house of representatives serving in the great
and general court during the se\eral sessions for the jireseut 3ear ; and
the further sum of four thousand and five hundred pounds, part of the
aforesaid sura of one hundred and forty-four thousand and five hun-
dred pounds, shall be applied to the pa3-ment of the charge of main-
taining armed vessels of war belonging to this province ; and the
furllier sum of one thousand pounds, the remaining part of the afore-
said sum of one hundred and forty-four thousand and five hundred
pounds, shall be applied for the payment of the troops that marched for
the relief of Fort "William Henry, when attacked by the enemy in
August, one thousand seven hundred and fifty-seven.

And in order to draw the monc}- into the treasury' again, and enable
the treasurer eflTectually to discharge the receipts and obligations (with
the interest that may be due thereon) by him- given in pursuance of
this act, —

Be it enacted,

[Sect. 4.] That there be and herebj' is granted to his most excel-
lent majest}' a tax of one hundred and forty-four thousand and fivi;
hundred pounds, to be levied on polls, and estates both real and per-
sonal within this province, in manner following ; that is to say, sixty-
four thousand pounds, part thereof, according to such rules and in such
proportions on the several towns and districts within the province as
shall be agreed on and ordered by the general court or assembly in
their ^^Li}* session, in the year of our Lord one thousand seven hun-
dred and sixt}', and to be paid into the publick treasury on or lieforc
the last da}- of March then next after ; and the further sum of one
hundred thousand pounds, according to such rules and in such propor-
tion on the several towns and districts aforesaid as shall be agrt!cd on
and ordered by the general court at their session in Ma}', one thousand
seven hundred and sixty-two, and to be paid into the treasur}' on or
before the last day of ISIarch next after.

And be it further enacted,

[Skct. 5.] That if the general court, in their Ma}- session, in the
jcar seventeen hundred and sixty, and in their session iu ^Liy, one

£13,000 for forla
and gurriitunH.

£4,000 for pro-
visions, commiS'
sary'o diHburse-
nieiiU, &u.

£4,000 for
prcniiumM, &c.

£•2,000 for debtii
where there is
no establish-
ment, &c.

£2,000 for pay
of counrillors'
and representa.
lives' attend-
ance.

£4,500 for
armed vessels.

£1,000 for pay.
ing such who
went to the
relief of Fort
William Henry.

Tax granted of
£144,600.

Rule for appor
tioning tbe Uix
In case nu las

270

Province Laws. — 1759-60.

[Chap. 0.]

act Btanll be
ogrocd ou.

The trcagurer
to conform to
the appropria-
tions.

Proviso.

thousand seven huudretl and sixty-two, and some time before the last
dav of June in each year, shall not agree and conclude upon an act
apportioning the sums which b}- this act are engaged to be, in each of
said years, apportioned, assessed and levied, that then, and in such
case, each town and district within this iM'ovince shall pay, l\y a tax to
be levied on the polls, and estates both real and personal within tlieir
limits, the same proportion of the said sums as the said towns and
districts were taxed by the general court in the tax act then last prc-
oceding.

[Sect. 6.] And the province treasurer is hereby fully impowcred and
directed, some time in the month of Julv in each of the years aforesaid.
to issue and send forth his warrants, directed to the selectmen or
assessors of each town and distinct within this province, requiring them
to assess the polls, and estates both real and pei'sonal witliin their sev-
eral towns and districts, for their respective parts and proportions of
the sums before directed and engaged to be assessed, to he paid into
the treasury at the aforementioned times ; and the assessors, as also
persons assessed, shall observe, be governed by and subject to all
such rules and directions as shall have been given in the last prc-
ceeding tax act.

And be it further enacted,

[Sect. 7.] That the treasurer is hereby directed and ordered to pay
the sum of one hundred and foity-four thousand and five hundred pounds
out of such appropriations as shall be directed by warrant, and no other ;
and the secretaiy to whom it belongs to keep the muster-rolls and.
accounts of charge, shall la}' before the house of representatives, when
they direct, such muster-rolls and accounts, after payment thereof.

Provided, always, —

[Sect. 8.] That the remainder of the sum which shall be brought into
the treasury by the taxes ordered by this act to be assessed and levied,
over and above what shall be snfllcient to discharge the notes and obli-
gations aforesaid, shall be and remain as a stock in the treasury, to be
applied as the general court of this in-ovince shall hereaftor order, and
to no other purpose whatsoever. [^Passed October 20.

CHAPTEK 9.

AN ACT TO SUPPLY THE TREASURY WITH THE SUM OF FORTY-ONE
THOUSAND FIVE HUNDRED AND FORTY POUNDS.

I'rcnmblo.
17.'>S-5U, chap.
2«, § 3.

IToS-.Mt, clinp.
3'J, § &.

Tn-aniirrr m

)><.UI'|I'|| III I.

row £41,&4U.

WiiEUEAS this court did, in their session in March, one tliousaiid
seven hundred and fifty-nine, grant a tax of thirty-two thousand
l)()unds, and at their session in April following did grant a further tax
of nine tiiousand five hundred and forty pounds, amounting in the whole
to forty-one thousand five hundred and tort}' pounds, to be levied on
polls and estates within this province, and In* said acts provision was
made that the general court, by tiie first of October Ibllowing. might
apportion the same on the several towns, districts, i)arishes, and other
l)laces ; but inasmuch as a miml)er of persons ai)pear willing to UmkI
tlie government the aforesaid sum of forl3'-one thousand live liundreil
and forty jjoiinds, to be repaiil them at a distant period, in order to pre-
vent an adilitional tax going out tiiis year, —

lie it enacted 6y the Crowrno[u]r, Council and House of Roprescntii-

til'CS,

[Skct. 1.] Tliat th(> treasurer of this province be and herclty is di-
reeted and impowereil to borrow from such person or persons a:i tih::!i

[2d Sess.]

Province Laws. — 1759-60.

271

bcwilliug to lend the same, a sum not exceeding the sum of fort3--one
tliousand five luindred and Ibrty pounds, in Spanish mill'd doUars at
six shillings each, or in coined silver, sterling alloy, at six shillings
and cightpence per ounce, or in government securities payable in June,
one thousand seven hundred and sixty ; and the sum so borrowed shall
be applied by the treasurer for the discharge of those l)onnty-notes
that were given to the soldiers to encourage them to inlist in the expe-
dition this year ; which notes will become due in June, one thousand
seven hundred and sixty : and for the sum so borrowed, the treasurer
shall give a receii^t and obligation in the form following : —

day of , 1759.

, for the use and sor-

Province of the Massachusetts Bay, the
Received of the siun of

vice of the province of the Massachusetts Bay ; and, in behalf of said prov-
mce, I do hereby promise and oblige myself and successors in the office of
ti-easurer to repay the said or order, the tenth day of June, one

thousand seven hundred [and] sixty-two, the aforesaid sum of ,

in coined silver at six shillings and eightpence per ounce, or Spanish mill'd
dollars at six shillings each, with interest annually, at the rate of six per cent.

Witness my hand.

And as a fund and security to enable the treasurer to discharge the
obligations b}- him given in pursuance of this act, —

Be it enacted,

[Sect. 2.] That there be and hereby is granted to his most excel-
lent majesty a tax of forty-five thousand pounds, to be levied on polls,
and estates both real and personal, according to such rules and in such
proportion on the several towns and districts within the province as
shall be ordered b}' the general court at their session in May, one
thousand seven hundred and sixty-one.

And be it further enacted,

[Sect. 3.] That in case the general court shall not, at their session
in Ma}', one thousand seven hundred and sixt3'-one, and before the
twentieth da}* of June following, agree and conclude upon an act ap-
portioning the sum which by this act is engaged to be apportioned, as-
sessed and levied, that then, and in such case, each town, district,
parish, or other place shall pay, l)y a tax to be levied on the polls, and
estates both real and personal within their limits, the same proportion
of the said sum as the said towns, districts, parishes or other places
were taxed bj' the general court in the tax act then last preceeding.

[Sect. 4.] And the province treasurer is hereby fully impowered
and directed, in the month of June, one thousand seven hundred and
sixty-one, to issue and send forth his warrants, directed to the selectmen
or assessors of each town, district, parish or other place within this
province, requiring them to assess the polls, and estates both real and
personal mthin their several towns, districts, parishes or other places,
for their respective parts and proportion of the sum before directed
and engaged to be assessed, to be paid into the publick treasury bj- the
thirty-first day of ^March, one thousand seven hundred and sixt3--two ;
and the assessors, as also i)ersons assessed, shall obsers-e, be governed by,
and subject to all such rules and directions as shall have been given in
the then last preceeding tax act : and the assessors shall incur the same
penalty for not apportioning the sum laid upon their respective towns,
districts, parishes or other places, as though the same had been assessed
upon them b}- an act of the general court.

Arid whereas this court, b}- their respective acts in Mai'ch and April
last, ordered and inii)Owi'red the province treasurer — upon the general
court's omitting to apportion a tax of forty-one thousand five hundred
and forty pounds, in the month of October following, upon the several
towns and districts within this province — to levy and apportion the
same, —

Form of treas-
urer's receipt.

Tax of £45,000
1761.

Rule for appor
tioning the t:ix
in ease no Uix
act eball be
agreed on.

Treasurer em-
powered and
directed.

272

Province Laws.— 1769-60. [Chap. 10.]

Treaeuror
ftirtlier directed.

Proviso.

Be it enacted,

[Sect, o.] That he, the said treasurer, be and he hereby is directed
not to issue and send forth his warrants of assessment for the sura
aforesaid : provided, nevertheless, that if the treasurer shall not be able
to borrow the whole of the sum aforesaid on or before the first day of
November next, then, and in that case, he shall issue forth his warrants,
directed to the selectmen or assessors in each of the towns and dis-
ti'icts within this province, requiring them to assess the polls, and
estates both real and personal within their several towns and districts,
for their respective parts and proi)ortion of whatever sum he shall not
be able to borrow of the forty-one thousand five hundred and forty
pounds aforesaid, to be paid into the publick treasury by the twenty-
fifth day of March next ; and the assessors, as also persons assessed,
shall observe, be governed b}- and subject to all such rules and
directions as shall have been given in the then last prcceeding tax act ;
and whatever sum the treasurer shall so issue his warrants for, shall
be deducted out of the forty-five thousand pounds directed to be
assessed, by the foregoing part of this act, in the year one thousand
seven huudi-ed and sixty-one. [^Passed October 17.

CHAPTER 10.

AN ACT FOR RAISING A SUM OF MONEY BY A LOTTERY OR LOT-
TERIES, FOR REPAIRING THE CAUSEWAY ON THE WESTERLY SIDE
OF SUDBURY RIVER, AND FOR BUILDING A BRIDGE OVER SAID

. RIVER.

Preamble.

Jnlin NoycB,
JokIiiIi ISrown,

tlflKCIlll ('iirllH,
Wllliiitn Itiild-
win, AiiKiiHtiii)
Moori', Key.
liiiIdH Hc:i(;cr
niul dipt. Kliinh
Hmltli.or Hud-
liiiry, iillowcd
niid ciiipDWcrcd
t<i i«'l up and
c irry on (inr or
iniii'd lotU'rlc'H.

How llio motii'y
r.iUi .1 tlicnliy
nlmll lie- diit.
poM'd of.

"Whereas the causeway on the westerly side of Sudbiuy River, and
the bridge leading over the same, are much out of repair, and often-
times the freshot is so high that it is rendered ver}- dilMcult aud dan-
gerous for travellers to pass and re-pass the same, notwithstanding the
great cost and expence the town of Sudbury has been yearly at for
repairing the same ; imd lohereas the raising saiil causeway, digging a
new canal of forty feet wide across said* canal to King's Pond, with
three other sluices, and keeping the same in good repair, will require a
considerable sum of mone}' to effect it ; for the raising whereof, —

Be it enacted b>/ the Governor, Council and House of Represenia-
tives,

[Sect. 1.] That Messieurs John Noj-es, Josiah Brown, Joseph
Curtis, William Baldwin, Augustus Moore, Reynolds Seager. and Capt.
Elijah Smith, of Sudbury aforesaid, or any four of them, be and
hereby are allowed and impowered to set up and carry on one or more
lottery or lotteries, amounting in the whole to such a sum, as, by draw-
ing or deducting ten per cent out of tiie same, or out of each prize or
benefit-ticket, may raise eight hundred and twenty-seven ponntls, and
no more; and tliat (he said sum of eight hnudreil aud twenty-seven
pounds, raised by the deduction aforesaid, be, by the persons above
named, paid to the town treasurer of fcJudlmiy aforesaid, within ten
d.ays after the sale of the tickets of said lottery shall be compleated ;
or, if the p(>rsons aforesaid shall think fit to raise said sum of eight
hundred and twenty-seven pounds l)v more lotteries than one, then the
money raised by each lottery, by the deduction aforesaid, shall, within
ten days after tiie tickets of each lottery, respectively, are sold, be i)aid
by them to the treasurer aforesaid ; which sum ol" eight Inindreil and
twenty-seven pounds, or v.hatever part thereof shall In- so laiMul. shall

•Sic.

[2r) Skss.]

Peovince Laws. — 1750-GO.

270

bo ap[)lied towards raising said causeway, digging a new canal to
King's Pond, across said* canal, with three other sluices: saving so
much of said sum as shall I)e sullicient to defrey the necessary charges
of the lottery or lotteries a(\)resaid ; and to no other use whatsoever,
except in case of surplusage, as in this act hereafter mentioned.

And be it further enacted,

[Sect. 2.j That the persons aforesaid, or an>' four of them, be and
the}' hereb>' are declared to be the managers or directors of each and
ever>' of the said lottery or lotteries, and are hereby impowered to
make all necessary rules, and use all necessary methods, to manage and
direct the same, till the whole shall be full}' compleated and finished.

And be it further enacted,

[Sect. 3.] That the said managers or directors, with all convenient
speed, after the sale of the tickets of said lottery, or of each lottery,
resiiectively, shall make preparation for the drawing the same, and
shall give notice in the publick prints of the time and place of drawing,
at least ten days before the said drawing begins, that any of the
adventurers, if they think fit, may be present at the drawing ; and after
the said drawing counuences, they, the said managers, may adjourn
fVom da}' to day, till the whole number of tickets of each lottery,
respectivel}', shall be drawn : provided, the drawing of am' one of said
lotteries continue not longer than fifteen da3-s, exclusive of Lord's
Days.

[Sect. 4. J And the said managers or directors shall make, or cause
to be made, a fair entry, in a book pro\idod for that purpose, of all the
tickets so drawn, and of the blanks and prizes drawn, answering to said
tickets, and within ten days after the drawing of each lotter}', respec-
tively, shall be finished, they shall cause a list of the benefit-tickets,
expressing the number and the amount of each of them, to be printed
in the publick newspapers ; at the same time, in the said newspapers,
notifying the owners of such benefit-tickets of the time and place when
and where they may a[)ply for the payinent of such tickets ; and if an}'
contention or dispute shall arise in adjusting the property of any of the
said benefit-tickets, the major part of the managers shall determine to
whom it doth or ought to belong.

And be it further enacted,

[Sect. 5.] That the said benefit-tickets shall be paid off by the
managers aforesaid within twfenty days after the drawing of each lottery,
respectively, is finished, upon application of the owner or owners of such
tickets, and delivering them up to be cancelled ; and to secure the pay-
ment of such benefit-tickets to the owner or owners of them, the said
managers or directors, and their estates, are hereby held and subjected
to satisfy and make good the same, in like manner as they and their
estates are subjected by law to satist}' and inake good their own proper
debts : provided, that if the money in said managers' hands shall be
lost by fire, or any other extraordinary or unavoidable accident, the
said managers, and their estates, shall not be so held and subjected.

And be it farther enacted,

[Sect. G.] That if the owner or owners of any benefit-ticket or
tickets shall, for the space of one year after the drawing aforesaid,
neglect to apply for the payment of such ticket or tickets, unless he.
she or they shall have been at sea and out of the province for that term
of time (and to such person eighteen months shall be allowed to pro-
duce their tickets), he, she or they shall nut be entitled to receive the
same, but such ticket and tickets are hereby declared to be cancelled
and of no value ; and the money in the hands of said directors, which
was to have been applied to the payment of such tickets, shall, after

♦ Sic.

Any four of
Ukmii iniiy be
inuiii>){orH or
directors.

Saiil iiiiinnEcrB
t(i (lisposi- i)f
Uio ticUctn,
niiikc prepara-
tion for llie
Orawihic, and lo
Cive piilillir no-
tice ol'tlie haine.

Manaperi^ di-
rected in tlieir
proceedings.

Benetit-tickets
to be i)iiid ufl'by
tile inanatterK
within twenty
days after draw-
ing.

Owners of bene
lit-lickelH nut
applying tor
tluir money in
one year. In
case, sball not
be entitled lo
tbc same.

274

PROvmcE Laws.— 175^-60. [Chap. 10.]

>r:iiiai;er8' or
diri'Clurs' oath.

Persons em-
ployed about
the li>ltery or
IditoricB to be
on uitlb.

In rase the
whole number
of ticki'ld in
each lottery
Hhall not be Bold
In six months
iiftfrpnhlicalion
of the Kcheme,
the town of
Siiilbtiry may
taki' the re-
mainder to their
iiwn account,
jitovided.

In coBp of a
i>iir|)liiHnge,how
the name hIiuII
be illcpoiiod of.

I'l iinliy for prr-

Kiilm wliK fnrdo
or riiiiiiterfelt
Urki-lH, Ka.

the expiration of the term aforesaid, be immediately paid to the town
treasurer of said .Sudbur\-, for repairing and keeping in rei)air the
causewa}- and bridge aforesaid.

And he it farther enacted,

[Sect, 7.] That each manager or director aforesaid, before his
acting in the capacity of manager or director, as aforesaid, shall take
the following oath ; viz., —

T, A. B., do swear that I will faithfully execute the trust reposed in me, and
that I will not use auj' indirect act or means to obtain a prize or benetit-lot
for mj'self, or any other person whomsoever, and that I will do the utmost of
my endeavour to prevent any undue or sinister practice to be done by auy per-
son whomsoever, and that I will, to the best of my judgment, declare to whom
any prize, lot or ticket does of right belong, according to the true intent and
meaning of the act of this province made in the thirty-thu-d year of his maj-
esty's reign, intitled " An Act for the raising a sum of money by a lottery or
lotteries, for the building a bridge over the westerly side of Sudbury River,
and repairing the causeway." So help me God.

— which oath shall be administred b}- any justice of the peace in the
count}' of Middlesex ; and every person employed about the lottery or
lotteries aforesaid, by the directors aforesaid, shall take an oath for the
faithful pciformance of his trust, to be administred b}' any justice of
the peace in the county aforesaid.

And he it further enacted,

[Sect. 8.] That if the whole number of tickets in each lottery,
respectivel}', shall not be sold and disposed of by the said directors
within six months after the publication of the scheme of each lottery,
respective!}', it shall and may be lawful for the town of Sudbury, if
the}' think fit, to take the remainder of said tickets, undisposed of as
aforesaid, to their own account: provided, that Avithin one month after
the pnblick meeting of said town, to be called for that purpose, a sum
of money be raised, and paid to the directors aforesaid, sufficient to
])urchase the remainder of said tickets, which shall, in that case, be
delivered to such person or persons as the saitl town shall appoint
to receive the same ; but if the whole of said tickets cannot be sold
within the term of six months albivsaid, and the town aforesaid refuse
to take the tickets remaining unsold as aforesaid, then the money re-
ceived by the said directors for the tickets sold shall be by them
lodged in the hands of some suitable person in the town of Boston,
which they shall give notice of in the publick newspaiiers, to be re-
turned to the owners of said tickets U])on their delivering up their
tickets to the said directors, and the charges arisen shall be defreyed
by the said town of Sudbury.

Provided, veverlhclcss, that the said managers shall not hereby be
pr<)hil)ited from carrying on said lottery or lotteries at any other time
which they may judge suital)le and convenient for the same.

.!»(/ he it further enacted,

[Skct. 9.] That if the sum raised by means of this act shall be
hiore than suflicient to raise said causeway, and build a new bridge
aforesaid, and defrey the charges of the lottery or lotteries aforesaiil,
and pay the managers aforesaid f<M' their service, as hereinafter ex-
])r(ssed, the surplusage shall be applied towards repairing the highways
in the town of Sudimry, as the said town shall (Tirect.

And he it further enacted,

[Sf.ct. 10.] Tlial if any person shall forge or counterfeit any ticket
or tickets to be made in consequence of this act, or alter any of the
numliers thereof, or uUer, vend, i)arter or dispose of any false, altered,
IV.ru'ed or eounterfeil ticket or tickets, or bring such ticket or lickcls,
kiwnving the same lo be siicli. to the saiil directors, or any of Ihem,

[:d Sess.]

Province LA^YS.— IToO-GO.

275

or to ain* other person, with a frauduleut intent, every such person or
persons, being thereof convictetl, in dnc form of law, shall sutler such
pains and penalties as arc by law provided in cases of forgery.

[Sect. 11.] And the said managers or directors, or any two of
them, are hereby authorized and impowered to cause an}' person or
persons bringing or uttering such Ailse, forged or counterfeit ticket
or tickets, as aforesaid, to be apprehended and committed to close
goal, to be proceeded against according to law.

And be it further enacted,

[Sect. 12.] That the directors or managers aforesaid shall keep a
particular account of the days of their attendance upon the service
albresaid, and for each da^-'s attendance shall be allowed the sum of
four shilUngs, the same not to be paid out of the monies raised by
virtue of this act, unless there be a sufficienc}' for the puri)oses afore-
said, and tor the payment of such their allowances ; and in case of a
sufliciency, they shall exhibit an account of their attendance aforesaid
before a publick jneeting of the town aforesaid, which account, being
examined and found just, shall be paid by the town treasurer aforesaid,
upon the order of the said town ; but in case there shall not be a suf-
liciency, the town aforesaid shall make provision for the payment of
such managers' allowance aforesaid : provided, that no more than four
of the managei's aforesaid slmll be intitled to such allowance for one
and the same da3\

And be it further enacted,

[Sect. 13.] That the managers or directors aforesaid, after the
said lottery, or each of the said lotteries, respectively, is finished, shall
receive the accounts of all charges arisen thereon, and, having found
them just, shall certify the same upon said accounts, and direct the
town treasurer aforesaid to pa}' them off and discharge them.

And be it further enacted,

[Sect. 14.] That the managers aforesaid shall contract and agree
for the raising said causewa}- and building the bridge aforesaid, and for
the materials and labour necessary to do the same, at monc}' price, and
shall draw on the town treasurer aforesaid for the payment thereof;
and, when the said causeway and bridge are finished, the}' shall exhibit
a particular account of the cost of the same, and la}- it before the town
aforesaid at one of their publick meetings, in order to put on file with
their other papers. \_Passed October 20.

MiinagiTB to
keep uccoiint of
till,' timi' of llicir
n'.tciiilnnce, iiiul
exliibil llicKaino
to the town.

Managers to ro
ceive accounts
of cliaige. and
ordi r iiayim lit.

Managers to
contract for tlic
work and
materialx, &c.

CHAPTER 11.

AN ACT PROVIDING FOR THE RECEPTION AND ACC0M[3/]0DATI0N OF
HIS MAJESTY'S FORCES WITHIN THIS PROVINCE.

Be it enacted by the Governo[^c']r, Council and House of Representa-
tives,

[Sect. 1.] That when and so often as, during the continuance of uciniiar force*
this act, it shall be judged necessary for the defence of his majesty's "I'roul.'iiUic
dominions or for carrying on measures against his enemies, that any province t<> bo
of his majesty's regular forces should march through any of the towns q[,aru!r», &i\
or districts within this province, every taverner or innholder within
such town or district shall receive and entertain, within their respec-
tive houses and outhouses, as many of such forces as can therein be
received and accom[/<(]odated ; and if such forces si)all not be provided
with victuals, every such taverner or iiniholder shall furnish them with

276

Province Laws.— 1759-60. [Chap. 12.]

Rates of
quarters.

Complaint made
against any
UiviTntT, inn-
hulder, &c.

Penally.

Onvernor, with
till- advico uf
the ('(unicil, to
niitliorize pcr-
Hons to provide
qiiartcrg Tor his
inajcsly V forces,
ill any tuwn.

diet and small beer, payment or allowance to be made theiefor as
follow.s ; viz"^'^. , —

For one commission officer of foot, under the degree of a captain,
for his diet and small beer, per diem, one shilling sterling ; and fur
each foot soldier's diet and small beer, sixpence sterling per diem ; and
so in proportion for part of a da}'.

And be it further enacted,

[Sect. 2.] That upon complaint made to an}' justice of the peace
for any of the counties in this province, respectively, that any taverner
or innholder doth I'cfuse to receive and entertain any of his majesty's
forces as aforesaid, such justice shall -forthwith .make enquiiy into
the gi'ouiids of such complaint, and shall thereupon, witliiu two hours,
deteiinine and order how many of such forces shall be received into
the house or outhouses of such taverner or innholder, and how inaiiy
shall be fm-nished with diet and small beer; and every taverner oi'
innholder refusing or neglecting to receive and entei-tain such and so
many of the forces, shall, for each offence, forfeit and. pay the sum of
ten poinids sterling.

And be it farther enacted,

[Skct. .'Ji] That when and so often as, dui-ing the continuance of
tliis act, any of his majesty's regular foi'ces sliall. for the defence of his
dominions, or for prosecuting measures against his majesty's ene-
mies, be oi-dered into any town or towns within this province, it shall
and may l»e lawful for tlie governor, with the advice of the council, to
appoint, authorize or impower any i)erson or persons to agree for and
lake up such and so many houses and buildings, in or near such town or
towns, as shall be judged sullicient and necessary, together with the
l»anacks already provided at Castle William, to receive and accom-
[«i]odate the whole number of forces that may be so ordered, or, if
need be, to impress so many uninhabited tenements in or near such
town or towns as shall be necessary as aforesaid, and also to provide
siu'h barrack utensils and necessaries as shall be judged reasonable ;
the cliai'ge tiiereof to be advanced and paid out of the public[/i"] treas-
lU'v, and an accoiuit theiH'of to be transmitted to the general of his
majesty's forces, for a reiinbui's[ineiit] [rf/], or to the agent of this
province, in England, in order to his sol[l]iciting the repayment of the
same.

[Skct. 4.] This act to be and continue in force from the twentieth
day ol" October, instant, to the last day of March, one thousand seven
hundred and sixty, and no longer. IPassed October 20.

CHAPTER 12.

AN ACT FOR Till', Rl^LIEF 01' POOR PRISONERS FOR DEBT.

Be it enacted by the Oovernour, Council and Ilouse of Representa-
tives,

[Sect. 1.] That when any persons, standing committed for debt
or damages, shall comj)lain that lie or she hath not estate sufficient
to support him- or herself in prison, the goaler or keeper of such
prison shall, at the request of such prisoner, npply to two justices of
lii(> peace within the eoinity, quorum nnus; who shall thereupon make
out a notification, under their hands and scils, to be served on the
wlHM.ToTmvr""' creditor or creditors of such prisoner, if lie, she or Ihey )ive within
this province, his or her executor. ;i(lMiiuistrator, agent or .attoiiie},

IVmon* ttnnd-
Inu rniiinillti'd
for di'tit or cliim.
nifi", wim hiivo

not nlllllcli'llt

pniiili' to support
lh.m«flv.n III
prison, i>n rorn-
tilahit to two

Ihr prlvllt'if,. ,T
till* act.
l'il-A2, ohAp ft.

[2d Sess.J

PiioviNCE Laws.— 1759-GO.

Zi i

l)y reading the same to tliciu, or bj- leaving an attested coin* thereof
at the plaee of his, her or llieir usual abode, or, if out ol" the prov-
ince, tlien to be left at the place of the usual abode of such creditor
or creditors' agent or attorney, -if an}- he, she or the^* have, thereby
signifying to hira, her or them, such prisoner's desire of taking the
priviledge and benefit allowed in and by this act, and of the time and
place appointed for the intended caption of his or her oath ; which
notification shall be served at least fort}' da3's before the caption, and
so certilied to the justices, tiiat so he, she or they ma}- be i)resent, if
they see cause ; and in case an}- creditor lives without this province,
ami hath no agent or attorney in it, the justices shall cause a notiQ-
cation to l)e left with the clerk of the court out of which the execu-
tion issued, and shall allow double the time before mentioned : and
such justices arc hereby impowered to administer to tiie debtor, if
they tliink proper so to do, after they have fully examined and heard
the parties, the Ibllowing oath; viz'^'^., —

I, A. B., do, upon my oath, solemnly profess and declare before Almighty Form of the
God that I have not any estate, real or persona], in possession, reversion or o^'^-
remainder, sutficient to support myself in prison, or to pay prison charges ;
and that I have not, since the commenc[ing][me?i<] of this suit upon me, nor
at any other time, directly or indirectly, sold, leased, or otherwise conveyed, or
disposed of, to, or intrusted any person or persons whomsoever with, all or any
part of the estate, real or personal, whereof I have been the lawful owner or
possessor, with any intent or design to secm-e the same, or to receive or to
expect any profit or advantage therefrom ; or done, caused or suffered to be
done, anything else whatsoever whereby any of my creditors may be de-
frauded.

— which oath being taken hj such prisoner, and certificate thereof
made, under the hands and seals of the justices administriug the same,
t(^ the goaler or keeper, he shall thereupon set such prisoner at liberty,
unless the creditor or creditors, agent or attorne\', notified as aforesaid,
his, her or their executor or administrator, shall give security to the
goaler or keeper, for the pa3-ment of three shillings and sixpence per
week for and towards the support of such prisoner wdiile he or she
shall be detained in prison ; and the goaler or keeper shall detain and
keep in close custod}' such prisoner so long as said sura shall be paid,
but upon failure of payment thereof shall set him or her at libert}'.

[Sect. 2, J And in case the goaler shall refuse or delay to discharge
any prisoner who has complied with this act, he shall forfeit and pay
to the i)risoncr the full sura for which he stands committed, to be recov-
ered by action of debt in any court proper to try the same.

And he it further enacted^

[Skct. 3.] That if any such prisoner as aforesaid shall be con-
victed of having sold, leased or otherwise conveyed or disposed of, or
intrusted, his or her estate, or any part thereof, directl}' or indirectly,
contrary to his foregoing oath, he shall not only be liable to the pains
and penalties mentioned in the act for punishing of wilful perjury, l)ut
shall receive no benefit from his oath ; or in case such prisoner, at the
time of the intended caption, shall not take the aforesaid oath, or be
not admitted thereto by the justices, he or she shall be remanded back
to the goal, and shall not be intitled to the benefit of this act.

[Sect. 4.] And all and every judgment obtained against such pris-
oner shall, notwithstanding such discharge as aforesaid, be and remain
good and effectual in law, to all intents and purposes, against any estate,
whatsoever, which may then or at any time afterwards belong to him or
her; and the creditor or creditors, agent or attornc}', his, her or their
executors or administrators, ma\- take out a new execution against the
lands, tenements, hereditaments, goods and chattels of such prisoner

Oath taken, and
certificate niailu
by the jiiKiices
administerini;
the eaiue, tlie
prisoner to ho
set at Uhertj',
unlesn.

Penalty in case
of refusal or
neglect of the
gaoler, &c.

Prisoner con-
victed of selling,
or otherwise
disposinir of,
his or her estate,
how to he
punished.
1692-3, chap. 18.
§9.

Judjrmcnt ob-
tained a^inst
such prisoner,
to remain good
and effectual in
law ai;ainht his
or her estate,
notwjthst.inding
such discbarge.

278

Province Laws.— 1759-60. [Ciiap. 13.]

I'roviso.

(his or her wearing api)arcl, bedding for him and his or her farail}-,
and tools necessary for his or lier trade or occupation, onl\- excepted),
for the satisfaction of the debt, in such sort and manner as might liave
been done in case such prisoner had never been talcen in execution ;
and the cliarge, if an}- there be, that the creditor has been at for sucli
jjrisoncr's weekl}' support as aforesaid (upon oath being first made
thereto before the cleric of the court out of which the execution issues,
■who is hereb}- impowcred to administer the same), shall be added
thereto ; and if an}- debtor shall be aggrieved at any such additional
charge, the creditor shall forfeit and pay to the debtor fourfold the
sum unjustly charged and levied upon him for such support, to be
recovered in any court proper for the trial thereof.

Provided, nevertheless, —

And it is hereby declared ^

[Sect. 5.] That such prisoner as aforesaid shall only be dischai-ged
from the execution or executions whereon such process, as is before
mentioned, has been had, and not from any other whereon he or she
may be committed, until the oath and directions before [pr] ['?]escribed
be "taken and attended ; nor shall any person who, after receiving the
benefit of this act, shall be again committed upon any new execution
as aforesaid, receive any further advantage by this act; nor shall this
act be construed to extend to any person in custody for any fine im-
posed on him or her.

[Skct. O.] This act shall continue and be in force from the twen-
tieth day of October instant, until the first day of April, which will be
in the year of our Lord one thousand seven hundred and sixt3--three,
[^Passed October 20.

CHAPTER 13.

AN ACT FOR REVIVING SUNDRY LAWS THAT ARE EXPIRED.

Ilovival of
Hundry laws.

Hmiill-pox.

1742-»;i, cbap.

17.

Commlsiiioncrs.

1745-40, clmp.

10.

VIowMby jurlcB.

1740-47, clmp. 6.

Driklnx.
17.').'l-64, chnp.
4:1.

rctitluiiH fur

IICUIIHI'II.

17r)5-60, clmp.
W.

Vitunliiiiiilii.
17Ai-<>0, clmp.
43.

C'ontliiui'il to
tlio(1riil..f
April, 170a.

Whereas the several acts hereinafter mentioned, which are now ex-
pired, have been found useful and beneficial ; namely, one act made in
the sixteenth 3-ear of his i)resent majesty's reign, intitled '• An Act to
prevent the spreading of the small-[)OX and other infectious sickness,
and to prevent the concealing the same; " one act made in the eigh-
teenth year of said reign, intitled '• An Act in addition to the act in-
titled 'An Act for appointing connnissioners of sewers;'" one act
made in the twentieth year of said reign, intitled *' An Act relating to
views, by a jin-y in civil actions ; " one act made in the twenty-seventh
year of said reign, intitled "■An Act in addition to the act inatle and
pas-scd in the eighth year of the reign of her late majesty Queen Anne,
intitled 'An Act for regulating of drains, or common shores;'" two
acts made in the twenty-ninth year of said reign, one intitled " An Act
for preventing petitions to the general court, relating to licences for re-
tailing .strong ibink, and keejjing houses of publick entertainment;"
and tiu^ other intitled "An Act in addition to the several acts and
laws of this province, now in force, respecting poor and idle, disorderly
and vagrant, persons," —

Be it (here fore, enacted bjf the Govemonr, Council and House of Repre-
sentatives,

Tiiat the before-mentioned acts, with all and every article, clause,
matter, and thing, tlu'rein respectively contained, be and herein" are
revived, and siiall Ite in Ibri'e from the twenty-lilth day of October, in-
stant, and until the lirst ilay ol' April, one tliousand .seven hundred
and sixty-three, and no longer. [^Pa^sed October 20.

[2d Siiys.J Pkuvusce Laws.— 17o9-G0. 279

CHAPTER 14.

AN ACT TO REVIVE AN ACT INTITLED "AN ACT MAKING PROVISION
FOR THE QUARTERING AND BILLETING RECRUITING OFFICERS AND
RECRUITS IN Ills MAJESTY'S REGULAR FORCES E>y'LOYED FOR
THE PROTECTION AND DEFENCE OF HIS MAJESTY'S DOMINIONS IN
NORTU AMERICA."

WiiKUEAS an act was pjisscd in the [S'i""*] \^thirt>/-second'] year of his lYcambie.
majesty's reign, intil[ii]lecl '' An Act making I)rovision for the quarter- J^^s-^*'-*. *;'"«?•
ing anil billeting recruiting ofliccrs and recruits in his majesty's regu-
lar forces em[jloye(,l for the protection and defence of his majesty's
dominions in North America'*, which act is now expired ; and whareaa
his majest3''s service may require the revival of said act, —

Be it enacted by the G overno\_u'\r ^ Council and House of Representa-
tives,

That the act aforesaid be and it hereb}' is revived, and every clause comiDuoa tin
and paragraph therein shall be and continue in force from the [25"'] j'j,^i,|!''jY^*^
[twenty-Jiftli^ day of October, [1759] [one thousand seven hundred and provided.'
Jifty-nine^, to the [P'] \_Jlrst^ day of June, [1760] [one thousand seven
hundred and sixty"], if tlie war with France shall continue so long.
[Passed October 20.

280

ruovLNCE Laws.— 17o9-60. [Chap. 15.]

ACTS

Passed at the Session begun and held at Boston,
ON THE Second day of January, A.D. 1760.

CHAPTER 15.

AN ACT IN FURTHER ADDITION TO THE ACT FOR LIMITATION OF
ACTIONS, AND FOR AVOIDING SUITS IN LAW WHERE THE MATTER
IS OF LONG STANDING.

Pronmble.
1757-'.H, cbap. 9.
174it-41,cliap. 4.
1755-66, chap.
•i-i.

1748-49, cbap.
17.

TiiiK^ for bring-
Ill'^ iirtioHH of
Ibi' CiiKt-, to bo
L-xlc-ndi'U.

1740-41, cbap. 4.
'IIiIn act to b<!
reiiil III towim
nii>l (llnlrlrtii.
174S-4'.i, ibap.
17.

"WiiEUEAS, b}' a law of this province, intituled "An Act in ftndier
addition to the act for limitation of actions, and for avoiding suits in law
wliere the matter is of long standing," made and passed in tlic thirty-
first year of liis present majesty's reign, the time limited for eonnnen-
eing all actions of account, and upon the case, excepting such as arc
excepted in another act, intituled " An Act in addition to and for tlie
explanation of an act, intituled ' An Act for limitation of actions, and
avoiding suits at law whore the matter is of long standing,' " made and
passed in tlie twenty-second 3"ear of his present majesty's icign. will
cxi)ire the last day of March next ; and tvhereas the continuance of the
war, and great numbers of men that are and may hereafter be in his
majesty's service, will make it necessary' that some further time may be
allowed for the bringing some kind of actions, —

Be it therefore enacted h;i the Governour, Council and House of R'p-
resentatives,

[Sf.ct. 1.] That the time for commencing of actions of the case, upon
notes of hand, or upon book accounts, limited by said act of the twcnty-
.secoml, or by said act of the thirty-first, year of his present majesty's
reigii, shall be and is herelw extended to the last day of March, which
will be in the year of our Lord one thousand seven hundred and sixty-
three ; and no suit hereafter to be brought in such cases shall be barred
if connnenccd before the expiration of said term.

And tliat tiiis law may be more generally known, —

J}e it further eii((cted,

[Sect. 2.] That the act, intituled " An Act for the limitation of
actions, and for avoiding suits in law where the matter is of long stand-
ing," made in the tliirtcciith year of the present reign, the aforesaid act,
iiitilule(l " An Act in addition to and for the exiilanalion of an act. inti-
tulccl ' An Act for the limitation of actions, and avoitling suits at law
where the matter is of long standing,' " made and passed in the twi'iity-
second year of the present reign, and this act, shall be read by the clerk
of each town and district, at their anniversary meetings in INIareh and
May, annually ; and the justices of the several courts of common pleas
witliin the respective counties shall cause the same to be publiekly read
at the opening of their courts, from time to time, from the pul)lication
of this act and until the last day of March, one thousand seven hundred
and sixty-three. [^Pasaed Janunrn 10;* published February ii, 1160.

• February 13, uccording to the record.

[3d Sess.]

Province Laws. — 1750-GO.

281

CHAPTER 16v

AN ACT FOR APrLYING THE SUM OF TWENTY-SEVEN THOUSAND FIVE
HUNDRED AND SEVENTY-FOUR POUNDS TEN SHILLINGS, LAWFUL
MONEY, REMITTED TO THE I'llOVINCE BY MR. AGENT BOLLAN, TO
THE PAYMENT OF THE OFFICERS AND SOLDIERS IN THE LATE
EXPEDITION AGAINST CANADA.

"Whereas, in and hy an act passed in this pi-esent year of his maj- Preamble,
esty's reign, intit[y/]led "An Act for supplying the troasniy with tlie 1759-00, chap. 8.
sum of one hundred and fort^-four thousand live hundred pounds, to
be thence issued for discharging the pul)lic[/i-] debts, and drawing tlie
same into tlie treasury again, the treasurer of the province is iin[)ow-
[e]red and directed to borrow one sum of sixty thousand pounds, and
to apph' the same to the payment of the expences in the expedition
against Canada in the year one thousand seven hundred and fifty-nine ;
and the said treasurer is impowered and directed, b}' the same act, to
issue his warrants to the selectmen or assessors of each town and dis-
trict within this province, some time in the month of June, one tlion-
sand seven hundred and sixt}-, for said sum, to be proportioned amcjug
the several towns and districts, according to the preceeding tax act :
provided that the general court at their sessions in May, and before the
twentieth day of June, in the aforesaid 3"ear, do not agree and conclude
upon an act to apportion the same ; and whereas the sum of twenty-
seven thousand five hundred and seventj'-four pounds ten shillings, iji
lawful money of this province, has been remitted to the province by
Mr. Agent Bollan, and received into the treasurv before the aforesaid
sum was borrowed, and remains to be appropriated, —

Be it therefore enacted hy the Governo[ii\r^ Council and House of
Representatives^

That the treasurer of the province be and hereby is imjwwered and Treasunr im-
directed to apply the said sum of twenty-seven thousand five huntlred appi>'iVioi'i'i()iR-j
sevent3"-four pounds ten shillings, to the payment of the officers and ricci'vcd fiom
soldiers employed in the expedition against Canada, in the year one Boiian''""
thousand seven hundred and fifty-nine ; and that, instead of borrowing
the sura of sixty thousand pounds, as aforesaid, he borrow no more
than the sum of thirty-two thousand four hundred and twenty-live
pounds ten shillings, and that, instead of a tax going out for sixty-four
thousand pounds, as aforesaid, it be issued for thirt3-five thousand
pounds, and no more. \_Passed January 25 ;* published February 0,
1760.

CHAPTER 17.

AN ACT IMPOWERING THE PROVINCE TREASURER TO BORROW THE
SUM OF SIXTY THOUSAND POUNDS.

"Whereas this court have agreed to raise a number of men to co- Preamble,
operate with his majesty's other forces for the reduction of Canada,
and it is necessar}- that there be a speed}' supplj' of mono}' for levying
the- same, —

Be it enacted hy the Governonr^ Council and House of Representa-
tives,

[Sect. 1.] That the treasurer of this province be and hereby is Trcusiircr cm.
directed and impowered to borrow the sum of sixty thousand pounds, ?ow£6oooo'^"'

* February 13, according to the record.

2«2

riiuviJSCE Law«. — 1759-GO. [CuAr. 17.]

P'oriii of trcas-
uix'i'ii receipt.

'I'ax of £75,000,
In 1763.

Rule for appor-
tluniiiK Die tax,
in oaHe no tax
act Hiiall be
agreed oa.

Trcannrfr to
apply inonij'ii
tliiit'iiiav he
r<'eelve<l from
Ureal iirllain.

in Spanish mill'd dollars at six shillings each, or in coined silver, .ster-
ling alio}-, at six shillings and cightpence per ounce, and the said sum
of sixt}- thousand pounds, when borrowed, shall be issued by the gov-
crnour or commander-in-chief, b}- and with the advice of the council,
for the levying the said men, pursuant to the order of this court, and
for no other use whatsoever ; and if there shall be a surplus, it shall
remain in the treasury for the further order of this court; and lor the
sum so borrowed the treasurer shall give receipts and obligations in
the form following : —

Trovince of the Massachusetts Bay. The day of 1760.

Received of the sum of , for the use and service of tlie

province of the ^Massachusetts Bay ; and, in behalf of said province, I do
hereby promise and oblige myself and successors in the ollice of treasurer,
to repay the said or order, the twentieth day of Jmie, one thousand

seven hundred and sixty-four, the aforesaid sum of , in coined

silver of sterling alloy, at six shillings and eightpence per ounce, or m Spanish
mill'd dollars, at six shillings each, with interest annually at the rate of six per
cent per annum.

Witness my hand, II. G.

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

And to enable the treasurer to discharge the obligations by him given
in pursuance of this act, —

Be it enacted,

[Sect. 2.] That there be and hereby is granted to his most excel-
lent majesty, a tax of sevent3--five thousand pounds, to be levied on
polls, and estates within this province, according to such rules and in
such proportions as shall be agreed upon and ordered by the general
court of this province, at their sessions in May, and before the twen-
tieth of June, one thousand seven hundred and sixty-three ; and if
there shall be a surplus, it shall remain in the treasur}" lor the order of
this court.

And be it further enacted,

[Skct. 3.] That in case the general court shall not, b3'the twentieth
of June, one thousand seven hundred and sixt3--three, agree and con-
clude upon a tax act to draw into the treasury- the aforesaid sum of
sevent\--five thousand pounds b}' the thirty-first day of March then
next after, that then the treasurer of the province shall issue his war-
rants, directed to the assessors of the several towns and districts within
this province, requiring them, respectively, to assess, levy and [)ay their
respective proportions of said sum according to the proportions, rules
and directions of the then last preceediiig tax act.

Whereas this province have a humble trust and dependence on his
majesty for a reimbursement of the charge tliat shall arise in conse-
quence of the aforesaid expedition, —

Be it therefore enacted,

[Skct. 4.] Tliat the treasurer be and he is hereby directed and
impowered to apply so much of the money that may be granted by
parliament as :i compensation for the service of the year one thousand
seven hundred and sixty, and shall arrive here from (>reat Britain
ijufore the twentieth day of June, one thousaiul seven hundred and
sixty-three, as siiall b(> sullicient to discharge the obligations by him
given ill pursuance of this act; and in case so much mone}' shall arrive
from (Jreat Britain and be received into the province treasury before
the twentieth of June, one thousand seven iiundred and sixty-three, as
sliall l»e sufllcieiit to diseharge the obligntious given liy the treasurer,
as aforesiiid, then in such ease the several clauses in this act providing
for the issuing a tax of seventy-five thousand poinids shall be and
hereby is declared null and void ; but if the sum that shall be received

[3d Sess.]

Province Laws. — IToO-GO.

283

from Great Britain shall not be suflicient for the discliarj^ing llic obli-
gations given by the treasurer, and interest tliereon, in pursuance of
this act, then and in such case the tax or taxes ordered by this act
shall go foith onl}- for a sum to make good the dcficicnc}". [^Passed
Febimary 13 ; published February 1 i, 17U0.

CHAPTEE 18.

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

SoldierR and
scainoii ill liia
raajui-ty'.s scr-

FoK the more speedy and effectual levying of soldiers, and to pre- preamble,
vent their being arrested for debt, or their defrauding the government i^-''8-5'j, chap.
v)f the bount}' they ma}' receive, —

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

[Sect. 1.] That no person who is or shall be engaged in his maj-
est3''s service, and in the pay of this province, either as a non-commis-
sion officer, private soldier or seaman, shall, during his continuance vice not liable
therein, be liable to be taken out of his majest3-'s service by any pro- ^■o *"^ "'"'■^'''^''i-
cess or execution, unless for some criminal matter, for any sum under
the value of ten pounds sterling, nor for any greater sum, until oath
shall be made b}- the plaintitf or plaintiffs, before one of the justices
of the court out of which the execution or process shall issue, or before
two justices of the peace, quorum unus, in the count}- where the
plaintiff or plaintiffs may happen to be, that to his or their knowledge
there is, bond fide, due from such person as the process or execution
is desired to issue against, the sum of ten pounds sterling at least, and
was due on the twenty-fourth da}- of January last ; nor in either of the
cases aforesaid shall the soldier or soldiers be taken out of said ser-
vice (in causes criminal only excepted) unless the plaintiff or plaintiffs,
or the person in whose favour the execution issued, shall pa}' the
bounty money the said soldier received, unto the justice or justices
who shall administer the oath aforesaid ; in which cases said justice
or justices shall forthwith transmit the same to the treasurer of the
province, particularly mentioning for whom said bounty money was
paid ; said sum to be recovered, in the cases aforesaid, of the soldier,
by action of debt brought therefor by the person that paid the same :
and eveiy non-commission officer, private soldier or seaman, whose
body, contrary to the true intent of this act, shall be arrested by mean
process or execution after his being inlisted into said service, may and
shall be set at liberty by any two justices of the peace, quorum luius,
or l)v one of the justices of the court where such process issued, upon
ai)[)lication made by him or his superiour officer, and proof of his being
cntred into the service aforesaid.

[Sect. 2.] And when it shall so happen that any non-coramission
officer, private soldier or seaman shall be actually committed to goal, on
any execution, and shall Ijc liberated as aforesaid, after his being dis-
missed from said service the clerk of the court from whence the execu-
tion issued may and hereby is enjoined to give an alias execution, upon
the creditor's application for one.

Provided, nevertheless, and it is the true intent and vieaning of this
act,

[Sect. 3.] That no such non-commission officer, private soldier or Provieo.
seaman as aforesaid, shall have his person exempted from arrests for

284

P110V1.NCE LAwa.— 1750-GO. [Chaps. 19, 20.]

any sum or sums due for the publick tax for the year one thousaiul
seven hundred and fifty-nine, any thing in this act to the contrary not-
withstanding. [Passed February 13 ; published February 1-1, 17G0.

CHAPTER 19.

AN ACT IN ADDITION TO THE SEVERAL ACTS AGAINST DESERTIONS
AND FOR THE PUNISHMENT OF UESEIITEIIS.

Persons enlisted
and sliull uftcr-
wurdx abscond,
Imw to be i)ro-
cfciUvl with. •
1744— Jo, cbup.

1746-47, chap.

23.

17')(>-r.7, chap.

30.

176S-59, cbap. 2.

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

That if any person shall inlist into the provincial service, and re-
ceive part of the bounty monev granted, or tliat sliall 1)0 granted, diu-ing
the present war witli France, and shall not attend tiie orders given him
by liis superioiir officer, but .shall abscond, ho sliall ])e deemed a desert-
er, to all intents and piu'poses, as fully as if ho had received the whole
of tiie l)oinitv, and had road to him the second and sixth sections of the
arliclcs of war, against mutiny and desertion, and had taken the oath
of fidelity ; and it shall and may be lawful for any ))erson to apprehend
any one who may be suspected of desertion, and bring him before any
justice of the peace living in or near to the place where he shall be
apprehended, who is lioreb}' impowered to examine such suspected per-
son, and if, b\' his confession, or the testimony of one or more witness
or witnesses upon oath, or upon his inlistmont being produced, or b^-
the knowledge of such justice of the peace, it shall appear that he
was iiilisted and had received the bounty money therefor, or any part
of the same, such justice of the peace shall immediately cause said
deserter to be convoyed to his majesty's Castle William, in order to
his l)eing trans|)orted (if his excellency the governour shall see moot )
to one of the garrisons in tiiis province, there to do duty as a soldier
initil he shall tiierel)y have reimbiu'sed the province, at the rate of
garrison pay, the bounty he shall have received, the forty shillings
reward for taking him up, and all other charges the province shall have
been at in his l)eii)g approliondod and transported as aforesaid ; and
every such person shall be doomed a soldier in the service of this
province, and, in case of misconduct, bo subject to the like penalties as
if JH! had iuUsted into the same. [Passed February 13 ; publislied
February 11, 17G0.

TrpiiKiiror to
jiiiy widows of
noncoinmlfisjoii
ulUccrs and

CHAPTER 20.

AN KVV TO KN-MU,!', Till'; WIDOWS OF SUCH NON-COMMISSION OFFI-
CKKS ANT) SOI.DIHRS AS SERVED, IN THE ]'.\Y OF THIS PROVINCE,
UNDER THE (iENEllAL AND COMM.VNDER-IN-CHIEK OF HIS .M.V-
.lESTVS FORf'ES IN NORTH AMERICA, IN THE \V.\\\ 17.-.». .\ND AKH
SIN(M', DEOE.VSEI), INI'ES TATI',, TO RIOCEIVE THE W.VOES DUE TO
SUCH OFFICERS OR SOLDIERS, WITHOUT ADMINISIK.VTION UPON
THEIR ESTATES.

Be it rnnctrd by the Oovernryur, Council and House of Ropresenta-
tivps,

[Si:cT. 1.] That it shall and m:iy bo lawful fur the province treas-
urer, and he is liereby directed, to pay to tiie widow of any non-com-
mission officer or .soldier who served, in the pay of this province, under

[3d Sess.]

PnoviNCE Laws. — 1759-CO.

285

the general and coinnianclcr-in-chiof of his majesty's foi'ces in Nortli
America, any time in tlie ^oar one tlionsand seven hnndrod and lirty-
nine, and since deceased, intestate, tlie wages due to sncli oflieer or
soldier ; and tlic receii)t gi\'en by sueli widow sliall be a discharge to
the province treasnrer ; and such widow shall not be liable to anj'
actit)n or suit for an}' sum received by virtue of this act.

And be it further enacted.

[Sect. 2.] That if administration shall be granted upon the estate
of any deceased officer or soldier whose widow shall have received his
wages by virtue of this act, the judge of probate granting such admin-
istration shall, and he is hereby required, in passing upon tlie accounts
of the administrator, to consider and have regard to the sum so
received, as an allowance, either in part or in whole, as such judge
shall think proper, of the necessary- implements of lioushold stulf
allowed by law to widows in cases where provision is not otherwise
made for that purpose. [^Passed February 13 ; published February 14,
1760.

soldiers, the pay
due, &c.
176!i-fi9, chap.
24.

Judge of pro-
bate ompowered
to make iillow-
atice to tho
widows of non-
comminsioii
ofliciTs and
soldiers, &c.

CHAPTEE 21.

AN ACT RELATING TO FERRIES.

Whereas there are several places within this province where
c[^ountry*2 roads heretofore have lieen, or hereafter may be, laid over
rivers which are not forda[i^e*], some of them the whole .year, others
part of the year, and where bridges cannot be [erected*] without great
tost and charge, and no persons will nndcrtakc to keep ferr[v'] [(V]s at
sa[/(Z*] places, l)y whicli means travellers and other persons are greath'
interrupted in their bus[/?ie.ss*] ; for remedy whereof, —

Be it enacted by the Cro?;er«o[w]y*, Council and House of Representa-
tives^

[Sect. 1.] That the several towns and districts within this prov-
ince where, in the judgment of the quarter sessions, it is necessaiy to
set up ferries as aforesaid, said towns and districts shall take eflectual
care to provide a suitable person or persons to keep and attend said
ferries, at such times in the year as it may be necessary ; which persons
shall be licen[s] [c]ed bv the justices in quarter sessions : said persons to
give bond for the faithful discharge of their place ; and all such ferrymen
are hereb}' enjoined to keep a good boat or boats, in good repair, suita-
ble to the waters they are to ferry over, also give due attendance on
passengers, on penalty of five shillings for every default of non-
attendance ; and for want of a good boat, kept in repair, to i)ay live
pounds ; and the fairs of the respective ferr[y'][/e]s to be set[«]led by
said courts, having regard to the difficulty of maintaining the same.

Be it farther enacted.,

[Sect. 2.] That if any such ferr}' may he. necessary across any
river where one town or district join said river on the one side, and
another town or district on the other side, in such case the said towns
and districts shall, either jointly or alternately, provide such person or
persons to keep such ferr}', as said court shall order.

Be it further enacted,

[Sect. 3.] That the several towns and districts tiiat shall neglect
or refuse to provide suitable persons to keep ferr[y][i>]s as aforesaid,
shall forfeit and pay the sum of ten pounds per month for cacii month's
neglect. All fines and forfeitures arising by this act shall be one

Preamble.
1-23 Mass., 469.

Towns to pro-
vide persons to
keep and attend
ferries.

Said ferrymen
to l)e licensed
and give bond.

Penalty for
default.

Towns and dis-
tricts further
empowered, re-
lating to ferries,
as the scssious
shall order.

Penalty for
towns and dis-
tricts that sliall
neglect.

How fines are to

* Farchmeut mutilated by mice.

286

Province Laws.— 1750-60. [Chap. 22.]

be disposed of.

Limitation.

moiety thereof to him or them that shall inform or sue for the same,
the other moiety to be paid into the province treasury-, to be recovered
in an}- court proper to tr}' tlie same.

[.SicCT. 4.] Tliis act to continue and be in force five 3ears from the
fiist day of Ma}- next, and no longer. [^Passed February 13 ; publislied
February 14, 1760.

CHAPTER 22.

AN ACT FOR INCORPORATING CERTAIN L.INDS LYING WEST OF SHEF-
FIELD INTO A SEPARATE DISTRICT BY THE NAME OF EGREMONT.

I,.in<1» west of
Klu-flleld erected
Into a district.

Bounds thereof.

I'rivilotjeg, &c.,
griiitoil said
diHtrict.

Preamble. Whereas it is represented to this court that the inhabitants of tlte

lands west of Shefiield labour under great ditficulties and inconven-
ienc[i]es by means of their not being invested with the priviledge of a
district ; therefore, —

Be it enacted by the Goveriiour, Council and House of Representa-
tives,

[Sect. 1.] That the whole tract of land beginning at Shefiield
west line, at the south-east corner of Ebenezer Olds' land, then run-
ning west, nine degrees north, four miles and an-half and thiity-seven
I'ods ; thence running north, twenty-two degrees east, five miles and
three-quarters ; thence running east, nine degrees south, on the south
line of Peter Sharp's land, to Shefiield line ; thence ruiniing on Shef-
field line, to the first bounds ; be and hereby is erected into a distinct
and separate disti'ict by the name of Egremont ; and that the stxidf
district be and hereby is invested with all the i)riviledges, powers and
immunities that towns in this province do and by law may enjoy,
lliat of sending a representative to the general assembly only except-
ed, and that the inhabitants of said district shall have full power and
light, from time to time, to join with the said town of Sliefiield in the
choice of a representative, in which choice • they shall enjoy all the
])riviledges which by law they would have been [o] [/]utit[«]led to if
this act had not been made ; antl that the saitl district shall, from
time to time, pay their propoitionablc part of the expence of such
representative according to their respective i)roportions of the prov-
ince tax ; and that the said town of Shellield, as often as they sliall
call a meeting for the choice of a representative, shall give .seasonable
notice to the clerk of said district, for the time being, of the time
and place of holding such meeting, to the end that the said tlistrict
may join them theicin ; and the clerk of said district shall set up, in
some public[k] [)lace in said district, a notification thereof accordingl}-,
J'roviilcil, lie cert heless, —
^liid he it further enacted,

proviHo. [Siccr. 2.] That the said district shall pay their proportion of all

siicii province taxes or county taxes as have been duly assessed ou
them l)y tlu! town of Shefiield, and their proportion of the ministerial
taxes iiitlierto granted to be raised in said second parish of Slu'llield.
[.Ind he it further*'] enacted,

Kxrinpiinn. [Sect. •").] Tliat the inhabitants on said tract oi' land be exi'Uipled

from the payment of the two last taxes, made in the saitl second [larish
of Shellield, for (inisjiing of tin- meeting-house in said parish.
.iiiil he it further etmrted,

Joiin Adhity, [Skct. 4.] Tti.'d. .lolni Ashley, Esq^'^, be and hereby is impow*

• Four wiml.'i not in tlio engrosainent.

[3d Sess.]

PnoviNCE Laws. — 1759-GO.

287

[c]rcd to issue his warrant to some principal inhabitant in said district, EBq.,orapow-
rocjniriiig him to notify and warn tlic inhabitants of said district, qnali- wuinmi*fo"*' *
ficd by \aw to vote in town affairs, to moot, at such time and place in^Xuntl ^''*
as shall be therein set forth, to chuse all such officers as shall be
necessary to manage the afTairs of said district.

Provided, nevertheless, —

[Sfxt. 5.] That nothing in this act shall be construed to convey ProviBo.
any right or title the province hath or ought to have in an}- part or
parcels of the lands included within the district abovesaid, but that
every part and parcel thereof remain as tho' this act had not been
made and passed. [^Passed February 13 ; published February 14, 17G0.

CHAPTEK 23.

AN ACT FOR ERECTING THE NEW PLANTATION CALLED FRANKFORT,
LYING UPON THE EAST SIDE OF THE RIVER KENNEBECK, IN THE
COUNTY OF Y9RK, INTO A TOWNSHIP BY THE NAJNIE OF POWNAI^
BOROUGH.

WuEUEAS it hath been represented to this court by the proprietors
of the Kennebeck purchase from the late colony of New Plymouth that
the erecting the new plantation called Fran [c] [A;] fort, lying upon the
east side of the river Kennebeck, in the county of York, into a township,
will greatly contribute to the growth thereof, —

Be it enacted by the Governour, Council and House of Representa-
tivps,

[Sect. 1.] That the plantation aforesaid, bounded as follows;
viz^^^., beginning upon Kennebeck River, two miles and one hundred
rods to the northward of the lilockhouse within said plantation, and from
thence running an east-south-cast course, to Sheepscut River ; thence
to run southerl)', down said Sheepscut River, to the mouth of Monsweng
River; tlicn northerly, up said Monsweag River, to the northern l)oun(l-
ary line of the district of Woolwich ; then to run a west-north-west
course, along said northern boundary line of Woolwich, to the river
Kennebeck ; thence northei'ly, up said river Kennebeck, to the bounds
first mentioned, — and to include Swan Island and all other islands, in
said river Kennebeck, lying within the northern and southern boundary
lines of said plantation,^ I)e and herein' is erected into a township by
the name of Pownalborough ; and that tlie inhabitants thereof be and
hereby are invested with all the powers, priviledges and immunities
which the inhabitants of the towns within this province do or In' law
ought to enjoy, that of sending a representative to the general assembly
only excepted.

And be it further enacted,

[Sect. 2.] That Samuel Denny, Esq'^''^., be and hereby is impow-
ered to issue his warrant, directed to some principal inhabitant in said
township, to notify and warn the inhabitants in said township, qualified
by law to vote in town affairs, to meet, at such time and i)lacc as shall
be therein set forth, to chuse all such officers as shall be necessary to
nianage the affairs of said township. {^Passed February 13 ; published
February 14, 1760.

Preamble.

New plantation
calk'il Fnink-
forl.iroctcil into
a township.

Bounds thereof.

Privileges, Sec,
granted said
town.

Samuel Denny,
Esq., cmpow-
ered to ihsuc liia
warrant for
aNiteinMinL; the
inhabitant's.

288

Province Laws.— 17o9-G0. [Chaps. 24, 25.]

CHAPTER 24.

AN ACT IN FURTHER ADDITION TO AN ACT INTIT[t;jLED "AN ACT
FOR THE SETTLEMENT AND SUPPORT OF MINISTERS AND SCHOOL-
MASTERS."

Preamble.
1692-93, cbap.
26.

Towns, &c., not
to be asBessed
towards the
support of
Illiterate minis-
tcri), unless.

Whereas, in and l\v an act made and passed in the fourth j'ear of the
reign of King William and Queen Maiy, intit[?t]led "An Act for the
settlement and support of ministers and schoolmasters," it is, among
other things, enacted "That the inhabitants of each town within this
province shall take due care, from time to time, to be provided of an
able, learned, orthodox minister or ministers, of good conversation.
to dispense the word of God to them ; which minister or ministers
shall be suitably encouraged and sufficiently supported and main-
tained b}- the inhabitants of such town;" and ivhereas, notwith-
standing the provision aforesaid, some towns, districts, precincts or
parishes within this province have chosen to, and settled in. the work
of the ministrj- ignorant and illiterate persons, b}* means whereof the
validity of the assessments made for the support of such persons has
b(H'n disi)utcd, and the peace and good order of such towns, districts,
precincts and parishes have been greatly disturbed ; for prevention
whereof for the future, —

Be it enacted by the Governo\u']r^ Council and House of Representa-
tives,

That it shall not be lawful for any town, district, precinct or parisli
to assess the inliabitants thereof for or towards the support or mainte-
nance of an}- person who shall be hereafter called to or settled in the
work of the gospel ministry in such town, district, precinct or parish,
unless such person shall have been educated at some universit}-, college,
or public[k] academy for the instruction of youth in the learned lan-
guages, aiul in the arts and sciences; or shall have received a degree
from some university, college, or such public[k] academy ; or shall have
obtained testimonials under the hands of the major part of the settled
ministers of tiie gospel in the count}' where such town, district, precinct
or parish shall lie, that the}' apprehend him, the said person being a
candidate for the gospel ministiy, to l)e of sufficient learning to
(jiia!ir[ie][.'/] him for the work of such ministry; and all assessments
contraiy to tliis act shall be void, and have no effect. [Passed Feb-
ruary \o ; published February 14, 17G0.

CHAPTER 25.

I'ronmble.
17.'i8-59, chnp.
'.i'l.

AN ACT FOR RAISING A SUM OF MONEY 15Y LOTTERY, FOR DRAW-
ING IN SUCH OF THE NOTES OR BILLS OF THE LATE LAND-BANK
OR MANUFACTORY COMPANY, AS ARE YET OUTSTANDING.

WiiKUEAS it has been represented to this court tiiat near one thou-
sand pounds of the notes or bills issued by the late Laiid-Bank or
IMannfactory ("onipany are still outstanding, and remaining to be
redeemed ; and that, by reason of the deatli of many of that company,
the insolvency of olliers, and the removal of divers of them out of
the province (having first alienated their estates whieii lay within the
same), the rsiising a sum of money, by assessment on the rest of the

[3d Sess.]

Province Laws.— 1759-60.

289

partners, sufficient to exchange those bills, liow much cnluuiccd in
value bj the interest grown thereon, will greatly burthen and distress
them ; and that, since the loss of the books, accounts, and other
papers containing the all'airs and transactions of that company, — which,
together with the court-house in Boston, were providentially consumed
by fire, — it will be ditfieult, if not impracticable, to ai)portion and lay
such burthen equitably among such of the surviving partners as remain
within this province : to tlie end, therefore, that such of those notes or
bills as 'are still outstanding, with the interest daily growing thereon,
ma}' be speedily drawn in and consumed, and a linal period [)ut to the
perplexed afl'airs of that company', and for preventing fre(]uent ai)i)lica-
tions to this court in relation thereto, wherel\v the [)ul)lick alfairs of
the province have heretofore been greatly interru[)ted, —

Be it enacted b>/ the Governour, Council and House of Representa-
tives^

[Sect. 1.] That Messieurs Joshua Heushaw, -Joseph Jackson,
Thomas Cusliing, Samuel Ilewes, John Scollay, Benjamin Austin, and
Andrew Oliver, jun., or any three of them, be and liereln' arc imi)ow-
ered to set up and carry on one or more lottery or lotteries, amounting
in the whole to such a sum as, by drawing or deducting twelve and an-
half per cent out of the same, may raise three thousand fiye hundred
pounds, and no more ; and that the said sum of three thousand five
hundred pounds, raised b}- the deduction aforesaid, be, by the persons
above named, paid to Samuel Danforth, Nathanael Hatch, and Thomas
Goldtliwait, Esqrs., commissioners appointed b}- this court to settle
the affairs of the said Land-Bank or Manufactory Scheme, within ten
days after the sale of the tickets of said lottery shall be compleated,
taking their receipt for the same ; or, if the persons aforesaid shall
think fit to raise said sum of three thousand five hundred pounds b}-
more lotteries than one, then tlie money raised b}- each lottery, b}- the
deduction aforesaid, shall, within ten days after the tickets of each
lottery, respecti\ely, are sold, be paid by them to the commissioners or
to the major pait of them.

And he it further enacted^

[Si-;cT. 2.] That the persons aforesaid first mentioned, or any
three of them, be and they hereby are declared to be the managers or
directors of each and ever}- of the said lottery or lotteries, and are
herel)y im[)owered to make all necessar}' rules, and use all necessary
methods, to manage and direct the same.

And he it farther enacted^

[Skct. 3.] That the said managers or directors, with all con-
venient speed, after the sale of the tickets of each lotterj', shall make
preparation for drawing the same, and shall give notice in the pulilick
l)rlnts, of tlie time and place of drawing, at least ten days before the
drawing begins, that any of the adventurers, if they think fit, may be
present at the drawing.

[Skct. 4.] And as soon as may be after drawing of each lottery,
the said managers shall cause a list of the ])enefit-tickcts, exi)ressing
Die number and value of each of them, to be printed in one of the pub-
lick newspa{)crs, ai the same time notifying the owners of sucli benefit-
tickets of the time and i)lace when and where the\' may api)ly for
the payment of such tickets ; and if any dispute shall arise about the
property of any of the said l)enefit-tickets, the major part of the man-
agers shall determine to whom it doth or ought to belong.

And he it further enacted,

[Skct. 5,] That the said benefit-tickets shall be paid oflT bj- the
managers aforesaid within twenty days after the drawing of each
lottery is finished, upon ai)i)lication of the owner or owners of such

Selectmen of
Boston allowed
and empowered
to set lip and
carry on one or
more lotti^riew
for redeeraiiii;
land-bank noteH.

Any three of
them may he
managers or
directors.

Said managers
to dispose of the
tickets, make
preparation for
the drawing,
and to give
l)ublic notice.

Managers di-
rected in llu'ir
proceedings.

BenefiUickeU
to be paid off by
the managers
within twenty

290

Province Laws. — 1759-60.

[Chap. 25.]

days after draw-
ing'.

OwncTHof oene-
(ittickeU not
n|)|)lying for
tlirir money in
one year, in
caKe, xliall not
be entitled to
tlic same.

Managers, &c.,
to be on oath.

Managers to
lieep account of
tlie time of tlieir
attendunce, &c.

Managers to
receive accounts
of elmrgc, &c. •

I.oll<TicH to bo
llniKbed In
elKlileen
liiontliK.

lliiw llie mon-
oy« nri! to bo
applied.

tickets, and delivering them up to be cancelled ; and to .secure the
l)ayraent of such benefit-tickets to the owner or owners of them, the
said managers, and their estates, are hereby held and subjected to
satisfy and make good the same, in like manner as they and their
estates are subjected b}- law to satisfy and make good their own proper
debts: jirovkled, that if the money in said managers' hands shall be
lost by fire, or an}' other extraordinary or unavoidable accident, tlic
said managers, and their estates, shall not l)e so held and subjected.

And be it farther enacted^

[Sect. 6.] That, if the owner or owners of any benefit-tickets shall,
for tlie space of one 3ear after the drawing aforesaid, neglect to a[)ply
for the payment of such ticket or tickets, unless he, she or they shall
have been at sea or out of the province for that term of time, (and to
such persons eighteen months shall be allowed to produce their tickets),
lie, she or the}- shall not be intitled to receive the same, but such
ticket and tickets are hereby declared to be cancelled, and of no value ;
and the money in the hands of said managers, Avliich w:ts to have been
apjilied to the payment of such tickets, shall, after the expiration of
the term aforesaid, be paid to the province treasurer for the use of this
province.

And be it further enacted,

[Sect. 7.] That each manager aforesaid, before his acting in the
cai)acity of manager, shall take an oath for the faithful execution of
the trust reposed in him by virtue of this act. And eveiy person
employed about each lottery shall take an oath for the faitliful perlbrm-
ance of his trust ; which last oath may be administred 1)V any one of
the managers, who are hereby impowered to administer the same.

And be it further enacted,

[Sect. 8.] That the managers aforesaid shall keep a particular
account of the days of their attendance upon the service aforesaid,
and for each whole day's attendance shall be allowed the sum of six
shillings, the same to be paid by the commissioners aforesaid, or the
major part of them, out of the monies raised by virtue of this act:
provided, that no more than three of the managers aforesaid shall be
intitled to such allowance for one and the same day.

And be it further enacted,

[Sect. 0.] That the managers aforesaid, after each lottery shall be
finished, shall receive the accounts of all charges arisen thereon, and.
having found thoin just, shall certifv the same upon said accounts, to the
said commissioners, or the major part of Ihem, who are herel)y direct-
ed to pay the same out of the monies aforcsaiil.

And be it further enacted,

[Sect. K).] That the lottery or lotteries aforesaid shall be wlioUy
compleated and linished within eighteen months from the first (l;iy of
Marcii, one thousand seven hiindied and sixty.

And be it further enacted,

[Sect. 11.] That the coiniuissioiiers aforesaid, or the major part
of them, sh:ill, and they hereby are directetl to, ap|)ly tlu' money, from
time (o lime, as they may receive it from the managers of the lotteries
aforesaid (saving so much as shall be siilllcient to defrey the necessary
charges of said lotteries; and any dues or charges incurretl, or that
may arise in transacting the all'airs of that company, which sliall lie
judged to retiuire specMly p.nyment), to retleem the notes or bills ot" the
said manufactory company, and pay the interest that may be due upon
them, they, the said commissioners, or tin* major part of them, giving
notice of the time and place, which shall be within the town of IJos-
lon, when nnd where they will attend to redeem the said liills ; which
notice hIimII be given in I lie scNcial weekly newspapers printed in IJos-

[3d Sess.] Province Laws.— 1759-GO. 291

ton ; and those persons possessed of any of said manufactory bills,
wlio shall first apply for the redeeming of them, shall be intitled to
have them first redeemed.

And be it farther enacted,

[Skct. 12.] That when the commissioners aforesaid shall iiave Commissioners
received a sufflcienc}' of money to redeem the whole of said bills, they {°ifihnc?of"o.'
shall give notice thereof, as aforesaid, to the possessors of said hills; lUoming biiis.
and said notice, being given six weeks, successively, in all the weekly
newspapers aforesaid, is hereby made and declared a legal tender to
all and ever\- such possessor and possessors.

And be it further enacted,

[Sect. 13.] That the commissioners aforesaid, together with the Commissioners
former commissioners, shall, within three months after the compleatiiig a",M,'i'[,,'ti' uforc
of the lotteries aforesaid, lay before this court, for their allowance and Uic irt m r.ii
approbation, an account of their proceedings in the alfairs of said com- limuJ,! limu.' '
pany, and of their disposition of the money received b}- them by vir-
tue of this act.

And be it farther enacted,

[Sect. 14.] That if the sum raised b}' virtue of this act shall be Surpinsagc to
more than sufficient to defre}' the charges of the lotteries aforesaid, p^wncu"' ^
redeem the manufactory bills, and pay the commissioners aforesaid t'p^surur.
for their services and expences in settling the affairs of said company,
the surplusage shall be paid into the province treasur}', for the use of
the province.

[Sect. 15.] And the commissioners aforesaid are hereb}' directed Commissionprt
to forbear issuing an}- assessment against said partners, during the term "^'^'^''''
herein before limited for finishing said lottery or lotteries, unless b}'
order of this court. [_Passed February 13 ; published February 14,
1760.

CHAPTER 26*

AN ACT FOR ESTABLISHING AND REGULATING THE FEES OF THE
SEVERAL OFFICERS, WITHIN THIS PROVINCE, HEREAFTER MEN-
TIONED.

Be it enacted by the Governor, Couyicil and House of Representa-
tives in General Court assembled,

[Sect. 1.] That from and after the publication of this act, the Fees
establishment of the fees belonging to the several officers hereafter ^^^^'ilf^^fu'
mentioned, in this province, be as foUoweth ; viz"^'^., —

1756-57, cli. 30.

JUSTICE'S FEES.

For granting a writ together with a summons, or original summons, Jnstice's fees

one shilling.
Subpoena, for each witness, a pen[)*]y halfpennv.

Entring an action or filing a complaint in civil causes, two shil[^mg'.s]f^^.
Writ of execution, one sliilling and fourpence.
Filing papers, each, a penn}- halfpenn}'.
Taxing a bill of cost, threepence.

Entring up judgment in civil or criminal ca[u]ses, ninepence.
Copy of every evidence, origir*al papers or records, eightpence per

page for each page of , twenty-eight lines, eight words in a line: ■

if less than a page, fourpence.

• This cliapter ha-s been compared with tlie MS. record in the Secretary's oflice;
and tii(! words and letters in Roman characters, in brackets, are in the record, bnt
not in tlic printc<l act.

292 Peovince Laws. — 1750-60. [Chap. 2G.]

Each recognizance or hond of appeal, one shilling.

Taking afhdavitsi out of their own courts in order for the tiial for any

cause, one shilling ; and one shilling and sixpence for his travel

every ten miles, and so in proportion ; his travel to be cerlilicd

on tiie aflidavitfs] ; —
in other cases, together with certificates, examining and entring,

sixpence ; —
in perpctuam, to each justice, one shiUing.
Acknowledging an instrument with one or more seals, provided at one

and tlie same time, one shilling.
A warrant, one shilling.
Entring a complaint, making up judgment therein, the same as in

civil causes.
For granting a warrant, swearing apprizers, relating to strays, and

entring the same, one shilling and sixpence.

CORONER'S FEES.

Coroner's fees. For serving a writ, summons or execution, and travelling fees, the

same as by this act hereafter allowed to sheriffs.
r.ail bond, one shilling.

Every trial where the sheriff is concerned, eighti)euce.
For tending the jury, one shilling.
Taking an iu(]uisition, to be paid out of the deceased's estate, five

shillings ; if more than one at the same time, seven shillings

and six[)ence in the whole ; if no estate, then, to be paid out of

the county treasury, five shillings.
For travelling and expences for takiug an in(iuisition, each day, four

shillings.
The foreman of the jury, three shillings ; and ten miles accounted a

day's travel, one shilling per da^y ; —
every other juror, two shillings and sixpence, an<l travel the same

as the foreman.
The constable, fur his expences, summoning the jury and attendance,

four shillings per (la^'.

JVDGK OF PRORATE'S AND REGISTER'S FEES.

■TudRoofpro- For grantina; aduiinistration or guai'dianship, —
[".'vXi! "■*''■ b.'the ju.igc, three shillings.

'I'o the register, for writing h'tter and bond of administration and
guardianship, two shillings and sixpence.

For gi anting a guardianship of divers minors to the same person
aud at the same time: to the judge, for each minor, one shil-
ling and sixp(>n(^i?; to the register, for each letter of guardian-
ship and bond, as l)efore.

Proving a will or codicil; to the judge, three shillings and sixpiMice ;
to the r<>gister, two shillings and sixpence.

Kocording a will, letter of ailniinislralion or guardianship, inventory
or accoimt, of one page, and filing the same, one shilling and
threepence ; —
for every page more, of I wiMity-eight lines, of eight words in a line;
eight pence.

Yi>Y copy of a will :ind inventory, for Taeh i>age, eightpence.

Allowing aceonnts. thr(M> shillings to the judge.

Decree for settling intestnte estates: to tfie judge, three shillings; for
examining such accounts, one shilling.

A ciliition. ninepenee.

A ijiiit'tiis: to the judge, one shilling; to the register, one siiilling.

[;]i) Si:ss.]

Province Laws. — 17r)0-(50.

293

Wainmt or commission for appri[2;][s]ing or dividing ostutcs : one
sliilling and sixi)cncc to llie judge ; to tlie register, one shilling.
Making out commission to receive and examine the claims of cred-
itors to insolvent estates ; to the judge, one shilling, to the regis-
ter, one shilling : for recording, cightpence each page. •
Registering the commissioner's report, each page, eightpence.
jNIaking out and ent[e]ring an order ui)on the administrators for the
distribution of the estate; to the judge, one shilling and six-
pence, to the register, one shilling.
For i)ro[)ortioning such estate among the creditoi's, agreeable to the
conunissiont'r's return, when the estate exceeds not lift y pounds,
three shillings; and, above that sum, four shillings.
For recording the same, cightpence per page.
And be it fa rf her enacted,

[Sect. 2.] That whensoever an}- fees shall be paid in the probate
oflice for the i)robate of a will an<l letters testamentary, or for grant-
ing letters of administration or letters of guardianship, or for any
matter or thing from time to time arising in consequence of such letters
testamentary or letters of administration or letters of guardianship,
and until the estate npon which they are respective!}' granted shall be
fully settled, a particular account of snch fees, before payment, shall, by
the register or judge, be set down in writing, and given to the person
paying the same ; and any such fees, received withont being thus
ascertained in writing, shall be deemed illegal fees, and the person[s]
receiving the same shall forfeit and suffer accordingly.

IN THE SUPERI0[?7]R COURT.

JUSTICE'S FEES.

Entring an action, six shillings and eightpence.

Taking special bail, one shilling and sixpence.

Allowing a writ of error, two shillings.

Allowing a habeas corpus, one shilling and fourpence.

Taxing a bill of cost, eightpence.

Attorney's fee, to be allowed in the bill of cost taxed, where the case
is tried by a jnr}', twelve shillings ; where it is otherwise, six
shillings.

Granting liberty for the sale or partition of real estates, one shilhng.

On receiving each petition, one shilling.

Allowance to the party for wdiom costs shall be taxed, and to witness
in civil and criminal causes, one shilling and sixpence per da}-,
ten miles' travel to be accounted a day ; and the same allowance
to be made to parties, as to witnesses at the inferio[?«Jr courts,
courts of sessions and before a justice of the peace.

Granting a writ of protection, one shilling.

. . CLERK'S FEES.

A writ of rev[ei][?e]w, three shillings.

A writ of scire facias, two shillings.

A writ of execution, one shilling and sixpence.

A writ oi' facias habere possessionem, two shil[^«??5f.s]'^*^''^ and sixpence.

A writ of habeas corpus, two shillings.

Copies of all records, each page, of twenty-eight lines, eight words in

a line,.,ninepence ; less than a page, sixpence.
Entring each action for trial, fotn' shillings.
Entring each comjilaint, two shillings.
Each petition cnt[e]rcd and read, one shilling.
Order on each petition granted, one shilling.

Jueticef of tlie
superior courls,
fees.

Clerk's fees.

291

Pltovl^'CE Laws. — 1T<39-G0. [CuAr. -G.]

Receiving and recording a verdict, one sliilling.

Enlring a rule of court, ninepence.

Confessing judgment or default, one shilling.

Every action withdrawn or nonsuit, one shilling.

Entring an appearance, sixpence.

Acknowledging satisfaction of a judgment, on record, eightpence.

Examining each bill of cost, eightpence.

Continuing each cause, and entring the same next term, one shilling.

Filing cacTi paper in each cause, one pen[n]y halfpcn[«]y.

I'roving a deed in court, and certifying the same, one shilling.

Entring up judgment and recording the same at large, two shillings.

For each venire, to be paid out of the county treasuries, respective!}-, on

the justice's certificate, threepence.
Every writ and seal other than before mentioned, two shillings.
Ever}- subpaena, a pen[n]y half pen [n]}-.
Each recognizance, one shilling.
A writ of protection, one shilling.

.TtinticL-e of the
inlcrior courts,
IVes.

IN THE INFERI0[?7]R COURT OF COMMON PLEAS.

JUSTICE'S FEES.

Entring of every action, five shillings and fourpence.

Taxing a bill of cost, sixpence.

Taking a recognizance on appeals, one shilling.

Proving a deed, one shilling. .

Attorney's fee, to be allowed in the bill of cost taxed, six shillings.

Granting a writ of protection, one shilling.

IN THE COURT OF GENERAL SESSIONS OF THE PP:ACE.

Court of Roncrai For cach day's attendance at the sessions, to be paid out of the fines,
peace. two shillings and eightpence.

For granting every licen[s][c]e to retailers and innholders, and taking
their recognizance, six shillings in the whole ; one-third thcx'cof
to the clerk.
Each recognizance in criminal causes, one shilling.

CLERK'S FEES.

Every action eii([e]red, one shilling and fourpence.

Every writ and seal, sixi)ence.

Every appearance, fourpence.

Entring and recording a verdict, eightpence.

Recording a judgment, one shilling.

Copies of all records, each page of twenty-eight lines, eight words in a

line, eightpence.
Every action withdrawn or nonsuit, eightpence.'
Every exectition, one shilling and fourpence.
Confessing judgment or default, eightpence.

Acknowledging satisfaction of a judgment, on record, eightpence.
Continuing each cause, and entring at the next term, eightpence.
Each recognizance, one shilling.
Examining each i>ill of cost, sixpence.
]Cach vriu're, to l)e paid out of the county treasuries, respectively, by

order of the court, threepence.
Writ offarids fnibrro ])()ss('ssi(>)iem , two shillings.
Filing each paper, one pen[»]y.
A writ of protection, one shilling.

[•Id Skss.]

rivOViNCE JvAWS.— 17o'J-G0.

2U5

FEES FOli REGISTERS.

For each register, exclusive of collector's fee, five shillings. Rcgister'a fees.

FEES IN THE SECRETARY'S OFFICE.

For certificates under the province seal, five shillings in the whole ; two i-\f8 fortiie

shillings thereof to tli(> secretary. otiicu'/"^^ "

For warrants of ai)prizenieni, survey', &c., six shillings in the wIkjIc ;

throe shillings thereof to the secretar_y.
For a certificate of naval stores, three shillings in the whole.
For engrossing the acts or laws of the general assemhl}-, six shillings

each, to he paid out of the public[k] reveiuie.
Every commission for the justices of each comity, and commission of

oyer and terminer, six shillings and eightpence, to he [)aid out

of the pul)lick revenue.
Special warrants or mittimus by order of the governo[w]r and council,

each, two shillings and sixpence.
Ever}' commission under the great seal, for places of profit, six shillings

and eightpence, to be paid by the person commissionatcd.
Every bond, three shillings.
Ever}' order of council to the benefit of particular persons, [^tiuo fihil-

Every writ for electing [o/] assemblymen, directed to the sher[r]iff or
marshal, under the i)rovince seal, five shillings, to be paid out
of the pul)lic[/i] revenue.

For transcribing the acts or laws passed b}' the general assembly into
a book, eightpence per page, — each page to contain twenty-eight
lines, eight words in a line, and so proportionabl}', — to be paid
out of the public [/i] revenue.

Every commission for military officers, to be paid out of the public[/t]
treasur}', two shillings.

CLERK-OF-TffE-SESSIONS' FEES.

Ent[e]ring a complaint or indictment, one shilling and fourpence.

Discharging a recognizance, eightpence.

J^ach warrant for criminals, one shilling.

P^ver}' [warrant] \_sum'mons] or subpffina, twopence.

Ever}' recognizance for the peace or good behaviour, one shilling.

[For every other recor/nizance, one shilliiig.^

Ent[e]ring up judgment, or entring satisfaction of judgment, on record,

one shilling.
Wan-ant for county tax, one shilling.
For minuting the recei[p]ts of each petition, and order thereon, and

recording, eightpence per page, as before.
Examining and casting the grand jury's accounts, yearl}', and order

thereon, to be paid ])y the county treasurer by order of the

court of sessions, one shilling and sixpence.*
For copies of all records or original papers, eightpence per page, as

before.*
For filing each paper, one pen[?t]y.
For transmitting to the selectmen of every town in the county a list

of the names of the persons in such town licen[s][c]ed the year

before, threepence, to be paid by each person licen[s][c]ed,

and no more.

Cicrk-of-the
eessiona' fees.

SHERIFF'S OR CONST.iBLE'S FEES.

For the sei-vice of an original summons, or scire facias, on one defend- BheriflTgorcon

ant, for trial, either by reading the same, or by copy, one shilling :
• These itcins are repeated, in tlie record.

Btable'8 fees.

296 Province Laws. — 1759-00. [Ciiai'. 26.]

if served on more than one defendant, then for each [o/Ae/]
defendant so served, one shiUing.

For service of a capias^ or attachment, on one defendant, withont a
summons, one shilling and fourpenee : if served in like manner
on more than one defendant, then for each other so served, one
shilling and fourpenee.

For service of an attachment and summons on one defendant, both
together, one shilling and fourpenee : if so served on more than
one defendant, then for each other defendant, so served, one
shilling and fourpenee.

For a bail bond, to be paid b}' the person or persons admitted to bail,
one shilling.

For serving an habere facias possessionem^ exclusive of the poundage
on the costs of court, six shillings.

For the costs on an habere facias, the same poundage as in personal
actions.

For levA'ing executions in personal actions ; xi'zS'^., for the first twenty
pounds, or under, ninepence per pound ; above that, not exceed-
ing forty pounds, fourpenee per pound ; above that, not exceeding
one hundred pounds, twopence per pound ; for all above one
hundred pounds, one pen[?i]y per pound.

For travel, for the service of each execution or mean process to him
directed, twopence per mile ; the travel to lie computed from
the place of service to the court where the writ or execu-
tion shall be returned, b}' the way that is most commonlv
used ; but one travel to be allowed to one writ or execution :
and if the same be served on more persons than one, the
travel to be computed from that place of service that is the
remotest to the place of return ; the travelling fees and fees
of service to be endorsed by the sheriff, or his de[)uty, on each
mean process or execution ; and shall receive no more than he
endorses.

For serving an execution, upon a judgment of court, for partition of
real estates, to the sheriff, five shillings per day ; and for travel
and expences, tlireepence per mile out from the place of liis
al)o[a]d[(?] : and to each juror, two shillings per day ; and for
travel and expences, threepence per mile.

Every trial, ('ighti)ence.

Ever}- default, fouri)ence.

F'or making out every precept for the choice of representatives, sending
the same to tlie several towns, and returning it to the secretary's
office, one shilling and fourpenee ; to be paid out of the county
treasur[y'][/V^]s, respectively.

To the otliccr attending the grand jury, each day, two siiillings.

To the oflici-r attending the petit jiUT, one shilling ever}- cause.

For dispersing venires from tlie clerk of the superio[?<]r court, and the
province treasurer's warrants, fourpenee each.

For dispersing i)r()chiniations, sixpence each.

For tiic encourag«'inent [H»]to the sheriff to take and use all possible
care and diligence for the safe keeping of the prisoners that
shall be connnitted to his custody, he shall have such salary
allowed him for the same as tiie justices of the court of general
sessions of the peace within the same county shall tliink fit and
order ; not exceeding t(Mi pounds per annum for the county of
Sulfolk, and not exceeding five pounds per annum, apiece, for the
counties of Essex and Middlesex, and not exceeding three
pounds per unnuni, apiece, in each of the other counties within
the province : to l)c paid out of the treasury of such county.

[3d Sess.]

Province Laws. — 1759-00.

21)7

CRYER'S FSBS.

Calling a juiy, fourpcnce. Crier'«fee8,

A default or nonsuit, eightpence.
A verdict, eightpence.

TO THE CAPTAIN OF CASTLE WILLIAM.

For a pass to the castle for each vessel, two shillings in the whole : Capiain-of.iho-
wood-sloops and other coasting vessels, for which passes have
not [6ee?i] usually [been] required, excepted.

Cautlf's ffeu.

OOALEIVS FEES.

For turning the ke}' on each prisoner committed, three shillings; viz., Gaoiir's futo.

one shilling and sixpence in, and one shilling and sixpence out.
For dieting each person, for a week, three shillings.

MESSENGER OF THE HOUSE OF REPRESENTATIVES.

For serving eveiy warrant from the house of representatives, which lliey Messenger of the
may grant for arresting, imprisoning, or taking into custody any BcSverTcue.
person, one shilling and sixpence.

For travel, each mile out, twopence per mile.

For keeping and providing food for such person, each day, one shilling
and sixpence.

For his discharge or dismission, one shilling and sixpence.

GRAND JURORS' FEES.

Foreman, per day, two shillings and sixpence.
Each other juror, two shillings.

Grand-jurors'
fcce.

PETIT JURORS' FEES.

To the foreman, in every cause at the superio[?<]r and iiiferio[?<]r Petit-jurors'

courts, or sessions, two shillings and sixpence.
To every other juror, one shilling and sixpence-

Fee for
marriages.

[

FOR MARRIAGES.

For each marriage, to the minister or justice officiating, four shillings.

For recording it : to the town clerk, to be paid by the minister or jus-
tice, fourpence ; and to the clerk of the sessions, to be paid
In- the town clerk, twopence.

To the town clerk, for every publishment of the banns of matrimony,
and entring thereof, one shilling.

Every certificate of such publishment, sixpence.

Recording l)irths and deaths, each, twopence.

For the certificate of the Itirth or death of any person, threepence.

COUNTY REGISTER'S FEES.

For entring or recording or copying anv deed, conveyance or mortgage. County regis,
for the first page, ninepence ; and eightpence per page for so '*''■''• '^^*'^-
many pages more as it shall contain, accounting after the rate
of twenty-eight lines, of eight words in a line, to each page ; and
proportionately for so much more as shall be under a i)age ; and
threepence for his attestation on the original, of the time, book
and folio where it is recorded : the fees to be paid at the oflFer-
[r]ing the instrument ; —

and for a discharge of a mortgage, eightpence.

And be it further enacted^

[Sfxt. 3.] That if' any person or persons shall demand or take an}' Penalty for tak-
greater fee or fees, for any of the services aforesaid, than is by this law ^"fg^"'"*"'''

298 TituviNCE J.AWS. — 1759-00. [Chap. 27.]

l)rovule(l, he or they shall forf[i]eit and pa}- to the person or persons
injured, the sum of ten pounds for every offence, to be recovered in
any court proper to hear and deterniine the same.
Limiuiiou. [Sect. 1.] This act to continue and be in force for the si)aee

of live 3ears from the publication thereof, and from thence to the end of
the next session of the general court, and no longer. [^Passed Febru-
ary 13 ; published February 14, 17G0.*

CHAPTER 27.

AN ACT roil GRANTING UNTO HIS MAJESTY SEVERAL RATES AND
DUTIES OF IMPOST AND TUNXAGE OF SHIFPING.t

AVe, his majesty's most dutiful and lo3"al subjects, the representatives
of the province of the Massachusetts Bay, in New England, being
desii'ous of lessening the publick debts, have chearfully and unani-
mously given and granted, and do give and grant, to his most excellent
majesty, for the service of this province, as they shall hereafter api)ly
it, the several duties of Impost upon all liquors, wares, goods and
merchandize that shall be imported into this province, and tunnage of
ship[)ing iiereafter mentioned ; and pray that it may be enacted, —

And be it accordingly enacted by the Governour, Council and Ilou.se
of Representatives^

[Skct. 1.] That from and after the twenty-fifth da}- of March, one
thousand seven hundretl and sixtv, to the twenty-sixth day of March,
one thousand seven hundred and sixt3--one, there shall be paid by the
importers of all wines, rum and other liquors, goods, wares and mer-
chandize that shall be imported into this province by an}- of the in-
habitants thereof (except what is by this act hereafter exempted), the
several duties of impost following; viz'., —

For every pii)e of wine of ever}- sort, ten shillings.

For every hogshead of rum, containing one hundred gallons, eight
shillings.

For every hogshead of sugar, fourpencc.

For every hogshead of molasses, fourpencc.

For every hogshead of tobacco, ten shillings.

For every pound of tea that shall be imported from any of his
majesty's i)lantati()ns in America, one shilling.
— And so, proportionably, for a greater or less quantity.

And for all other commodities, goods or merchandize not mentioned
or not excepted, fourpencc for every twenty shillings value, excepting
sncli goods as are the i)roduct or manufacture of (Ireat Britain.

[Skct. 2.] And for any of the above-mentioned liquors, goods,
wares and merchandize (excepting tea, which shall pay only one shil-
ling) that shall be imported into this province l)v any of the inliabit-
ants of tiie other provinces or colonies on this continent, or of tiie
Englisii West-India Islands, in any siiip or vessel to them belonging,
on tlie proper account of any of the said inhabitants of the said
provinces, colonies or islands, tliere shall be paid by the iniporti-rs
doulile the impost laid by this act: provided «/w(j//,s\ that ever} tiling
which is the growth or produce of the i)r()vinces or colonies aforesaid
(tobacco and bar-iron excepted), and all provisions, salt, cof ton-wool,
pig-iron, mohogoii} . bra/.illeto. bhiek-wMJiHit, lignum-vitee, red-ce<lar,

• Anordinn to flif ((iiitcmporarv cditiDn; hut March 'JO, acconlini' to tho edition
of ITtkJ.

t From till! original liill in tho Htatt" urchivos, vol. GO, pp. 25-44.

[3d Sess.] PrvOviNci-: Laws.— IToiJ-GO. 299

•
logwood, hemp, raw skins and hides, and also all prize goods brought
inlo and condemned in tliis province, are and shall be exempted from
ever}' the rates and duties aforesaid.

And be it further enacted.^

[Sect, o.] That all goods, wares and merchandize, the propert}- of
any of the inhabitants of any of the neighbouring provinces or colonies
on this continent, that shall be imi)ortcd into tliis province, and siiall
have paid, or on which there shall have been secured to be paid, the
duty of impost, by this act i)rovided to be paid, and afterwards shall be
exported and landed in any of the said i)rovinces or colonics on this
continent, then and in such case the exporter, producing a certificate
from some officer of his majest_y's customs, that the same hath been
landed in some of the provinces or colonies aforesaid, shall be allowed
a drawback of the whole iluty of impost by him paid, or secured to be
paid, as by this act provided.

And be it further enacted,

[Sect. 4.] That the master of every ship or vessel coming into this
province from an}- other place, shall, within twenty-four hours after his
arrival in any port or harbour, and before bulk is broken, make report
and deliver a manifest, in writing, under his hand, to the commissioner
aforesaid, of the contents or loading of such ship or vessel, therein
particularl}- expressing the species, kind and quantities of all wines,
liquors, goods, wares and merchandize imported in such ship or vessel,
with the marks and numbers thereof, and to whom the same are con-
signed ; and make oath before the commissioner that the same manifest
contains a just and true account of all the lading taken on board and
imported in such ship or vessel, so far as he knows or believes ; and
that, if he knows of any more wines, liquors, goods, wares or merchan-
dize laden on board such ship or vessel, and imported therein, he will
forthwith make report thereof to the commissioner aforesaid, and cause
tlie same to be added to his manifest.

And be it further enacted,

[Sect. 5.] That if the master of any ship or vessel shall break
bulk, or suffer any of the wines, liquors, goods, wares and merchan-
dize imported in such ship or vessel to be unladen before report and
entry thereof be made as aforesaid, he shall forfeit the sum of one
hundred pounds.

And be it farther enacted,

[Sect. 6.] That all merchants and other persons, being owners of
an}- wines, liquors, goods, wares or merchandize imported into this
province, for which any of the rates or duties aforesaid are payable,
or having the same consigned to them, shall make an entry thereof
with the commissioner aforesaid, and produce an invoice of all such
goods as pay ad valorem, and make oath before him in form following ;
viz'., —

You, A. B., do swear that the entry of the goods and merchandize by you
now made, exhibits the sterling value of said goods, and that, bond fide, ac-
cording to your best skill and judgment, it is not less than that value. So help
you God.

— which oath the connnissioner or receiver, ai)pointed in consequence
of this act, is hereby impowered and directed to administer ; and the
owners aforesaid shall pay to the said commissioner, or give security
to pay, the duty of impost by this act required, before such wines,
liquors, goods, wares or merchandize be landed or taken out of the
vessel in which the same shall l)e imported.

[Sect. 7.] And no wines, li(|U()rs, goods, wares or merchandize
that by this act'are liable to pay impost or duty, shall be landed on any

1300 PROVINCE Laws.— 1759-60. [CuAr. 27.]

wharf, or in an}' warehouse or other place, but in the da3-timc only,
and that after sunrise and bclbre sunset, unless in the presence or with
the consent of the commissioner or receiver, on jiaiu of forfeiting all
sucli wines, liquors, goods, wares and merchandize, and the lighter,
boat or vessel out of which the same shall be lauded or put into any
warehouse or other place.

[Sect. 8.] And if an}' i)crson or persons shall not have and pro-
duce an invoice of the quantities of rum or other liquors to him or them
consign'd, then the cask wherein the same are, shall be gauged at the
charge of the importer, that the contents thereof may be known.

Provided^ nevertheless, —

[Sect. 9.] That the said commissioner shall be and hereb}- is
allowed to give credit to such person or persons whose duty of impost
in one vessel shall not exceed six pounds ; which credit shall be so lim-
ited as that he shall settle and ballance his accompts with every person,
on or before the twent3'-sixth day of March, one thousand seven hun-
dred and sixty-one, that the said accounts may be produced to this
court as soon as may be after ; and for all entries where tlie impost to
be paid doth not exceed three shillings, the said commissioner shall not
demand anytiiing, and not more than sixpence for any other single
entiy to what value soever.

And be it farther enacted^

[Sect. 10.] That the importer of all wines, liquors, goods, wares
and merchandize, from and after the twenty-fifth da}' of INIarch, one
thousand seven hundred and sixty, and until the twenty-sixtli day of
Marcli. one thousand seven hundred and sixty-one, by land-carriage or
in small vessels and boats, shall make report and deliver a manifest
tliereof to the commissioner aforesaid or his deputy, therein particu-
larly expressing the species, kind and quantity of all such wines,
liquors, goods, wares and merchandize so imported, with the marks
and numbers thereof, when, how and by whom brought ; and shall make
oatli, before the said commissioner or his deputy, to the trutii of such
report and manifest, and shall also pay or secure to be paid the sev-
eral duties aforesaid by this act charged aud chargeable upon such
wines, liquors, goods, wares and merchandize, before the same are
landed, housed, or put into any store or place whatsoever.

And be it farther enacted,

[Sect. 11.] That every merchant or other person imi)orting any
wines into this province, shall be allowed twelve per cent for leakage :
provided such wines shall not have been filled up on board ; and that
every hogsliead, butt or pipe of wine that hatli two-thirds thereof
leaked out, shall l)e accounted for outs, and the merchant or importer
shall pay no duty for the same. And no master of any ship or vessel
shall sMil'er any wines to be filled up on board without giving a certifi-
cate of the quantiiy so filled up, under his hand, before the landing
tliereof, to the commissioner or receiver of impost for such port, on
pain of forfeiting the siun of one hundred pounds.

[Sect. 12.] And if it may he made to appear that any wine im-
l)orted in any ship or vessel be decayed at the tinu^ of unloading
thereof, or in twenty days afterwards, oath being made Ix^fore the com-
missioner or recH'iver that the same hath not bei'U landed aliove that
time, the duties and impost paid for such wines shall be repayeil unto
the importer thereof.

And be it further enacted,

[Sect. 1:5.] That the master of every ship or vessel importing any
liquors, wines, goods, wares or merchandize, shall be liable to pay the
impost for such and so iiiiKb thereof, contained in his manifi'st. as shall
not be duly entered, and the duty paid for the same hy the person or

[3d Sess.] Province Laws.— 1759-60. 301

persons to whom such wines, liquors, goods, wares or merchandize are
or shall be consigned. And it shall and may be lawful, to and for the
master of ever}- ship or other vessel, to secure and detain in his hands,
at the owner's risque, all such wines, liquors, goods, wares and mer-
chandize, imported in an}- shi[) or vessel, until he receives a certificate,
from the commissioner or receiver of impost, that the dut}' for the same
is jiaid, and until he be repaid his necessary charges in securing the
same ; or such master may deliver such wines, liquors, goods, wares
and merchandize as are not entered, unto the commissioner or receiver
of the impost in such port, or his order, who is herd)}- impowered
and directed to receive and keep the same, at the owner's risque, until
the impost thereof, with the chA'ges, be paid or secured to be paid ; and
then to deliver such wines, liquors, goods, wares or merchandize as
such master shall direct.

And be it further enacted,

[Sect. 14.] That the commissioner or receiver of the impost, in
each port, shall be and hereby is impowered to sue the master of an}'
ship or vessel for the impost or duty of so much of the lading of any
wines, liquors, goods, wares or merchandize imported therein accord-
ing to the manifest to be by him given upon oath, as aforesaid, as shall
remain not entered, and the duty of impost therefor not paid, or
secured to be paid. And where any goods, wares or merchandize are
such that the value thereof is not known, whereby the impost to be
recovered of the master, for the same, cannot be ascertained, the owner
or person to whom such goods, wares or mei'chandize are or shall be
consigned, shall be summoned to appear as an evidence at the court
where such suit for the impost and the duty thereof shall be brought,
and be there required to make oath to the value of such goods, wares
or merchandize.

And be it further enacted,

[Sect, lo.] That the ship or vessel, with her tackle, apparel and
furniture, the master of which shall make default in anything by this
act I'cquired to be performed by him, shall be liable to answer and make
good the sum or sums forfeited by such master, according to this act,
for any such default, as also to make good the impost or duty for all
wines, liquors, goods, wares and merchandize not entered as aforesaid,
or for which the duty of impost has not been paid ; and upon judg-
ment recovered against such master, the said ship or vessel, with so
much of the tackle or appurtenances thereof as shall be suflicient to
satisfy said judgment, may be taken by execution for the same; and
the commissioner or receiver of the impost is hereby impowered to
make seizure of the said ship or vessel, and detain the same under
seizure until judgment be given in any suit to be commenced and pros-
ecuted for auy of the said Ibrfeitures or for the duty aforesaid ; to the
intent, that if judgment be rendered for the prosecutors or inlbrmer,
such ship or vessel and ai)purtenances may be exposed to sale, for satis-
laction thereof, as is before providcnl : unless the owners, or some on
tlieir l)ehalf,'for the releasing <jf such ship or vessel from under seizure
or restraint, shall give suflicient security to the commissioner or receiver
of impost that seized the same, to respond or satisfy the sum or value af
the forfeitures and duties, with charges, that shall be recovered against
the master thereof, upon such suit to be l)rought for the same, as afore-
said ; and the master occasioning such loss or damage initq his owners,
through his default or neglect, sliall be liable unto their action for the
same.

And he it faiiher enacted,

[Sect. 10.] That the naval oflicer within any of the ports of this
province shall not clear or give passes to any master of any ship or

502

Province Laws.— 1759-60. [Chap. 27.]

vessel, outward bound, until he shall be certified, by tlie commissioner
or receiver of impost, that tlie duty and impost for the goods last
imported in such ship or vessel are paid or secured to be paid.

[Sect. 17.] And the commissioner or receiver of impost is hereby
impowcred to allow bills of store to the master of any ship or vessel
imi)orting any wines or liquors, for such private adventures as shall
belong to the master or seamen of such ship or vessel, at the discretion
of the commissioner or receiver, not exceeding three per cent of tlie
lading ; and the duties pa3"able by this act for such wines or liquors, in
such bills of stores mentioned and expressed, shall be abated.

And for the more elfectual preventing any wines, rum or other dis-
tilled spirits being brought into the province from the neighbouring
governments, by land, or in small boats or vessels, or any other way,
and also to prevent wines, rum or other distilled spirits being first sent
out of this province, and afterward l)rought into the government again,
to defraud the government of the duties of impost, —

Be it enacted^

[Sect. 18.] That the commissioner and receiver of the aforesaid
duties of impost shall, and he is hereby impowered and enjoyned to,
appoint one suitable person or persons as his deputy or deputies, in all
such i)laces of this province where it is likely that wine, rum or other
distilled spirits will be brought out of other governments into this ;
which officers shall have power to seize the same, unless the owner
shall make it appear that the duty of impost has been paid therefor
since their being brought into or relanded in this government ; and
such officer or olHcers are also impowered to search, in all susi)ccted
places, for such wines, rum or distilled spirits, or tea, brought or
relanded in this government, where the dut}' is not paid as aforesaid,
and to seize or secure the same for the end and uses as in this act is
hereafter provided.

And be it farther enacted,

[Sect. 19.] That the commissioner or his deputies shall have full
power to administer the several oaths aforesaid, and search in all sus-
])ected places for all such wines, rum, liquors, tea, goods, wares and
merchandize as arc brought into this province, and landed contrary to
the true intent and meaning of this act, and to seize the same lor the
uses hereinaltcr mentioned.

And be it fnrtlier enacted,

[Sect. 20.] That if the said commissioner, or his deputy, shall have
information of any wines, rum or other distilled spirits, or tea, being
brougiil into and landed in an}- place in this province, lor whii'h the
duties aforesaid shall not have been paid alter their being brought
into or reland('(l in this government, he ma^' apply to any justice of
the peace witliin the county, for a warrant to search such place ; and
said justice shall grant such warrant, directed to some proper olficer,
upon said commissioner oi- his deputy's making oath that he hath had
information as albresaiil ; and having such warrant, and being attentled
by such officer, the said commissioner or his deputy may, in the day-
lime, lietween sunrising and sunsetting, demand admittance of the
pT'rson owning or occupying such i)lace, and, upon refusal, shall have
right to l)reak open such i)Iace ; and, fuuling such liquors or lea, m.ay
seize and lake the same into his own custody ; and the commissioner
uforesaid, or his deputy, shall be and hereby is impowered to command
nssistaiice, and impress carriages necessary to secure the liquors or tea
seized as aforesaid ; and any persons refusing assistance, or preventing
any of tiie said officers from executing tlieir office, shall forfeit five
j)Ounds to file said conunissioner ; and he or his deputy shall make
reasoiial)le satisfaction for the assistatice allbrdcd, and carriages made

[3d Sess.] Province Laws.— 1759-60. 303

use of, to secure Ihe liquors or tea seized as aforesaid ; and the com-
luissiouer or his deputy shall then lile an inlbrniatiou of such seizure in
the inforiour court of common i)lcas for the country wherein such seiz-
ure shall be made, which court shall sunnnon the owner of such liqueurs
or tea. or the occupier of such shop, house or warehouse, or distill-
house, where the same were seized, to a|>pear and shew cause, if any
he has, why such liquors or tea so seized shall not he adjudged for-
fefted ; and if such owner or occupier shall not shew cause as afore-
said, or shall make default, the said liquors or tea shall he adjudged
foi'feited, and the said court shall order them to be sold at publick
vendue; and the nett produce of such sale shall be paid, one half to
the province treasurer for the nse of this province, and the other half
to the said commissioner.

And be it farther enacted^

[Sect, 21.] That there shall be paid by the master of every ship
or other vessel, coming into an}' port or ports of this province, to ti-ade
or traflick, whereof all the owners are not belonging to this province
(exce|)ting such vessels as belong to Great Britain, the provinces or
colonies of Pennsylvania, West and East Jersey, Connecticut, New
York, New Hampshire and Rhode Island), ever}' voyage such ship or
vessel doth make, one pound of good pistol-powder for ever}' ton such
ship or vessel is in burthen : saving for that part which is owned in
Great Britain, this province, or any of the aforesaid governments, which
are hereby exempted; to be paid unto the commissioner or receiver of
the duties of impost, and to be employed for the uses and ends afore-
said.

[Sect. •22.^ And the said commissioner is hereby impowercd to
appoint a meet and suitable person, to repair unto and on board any
ship or vessel, to take the exact measure and tunnage thereof, in case
he shall suspect the register of such ship or vessel doth not express and
set foith the full burthen of the same ; the charge thereof to be paid by
the owner or master of such ship or vessel, before she shall be cleared,
in case she shall appear to be of a greater burthen : otherwise, to be
paid by the commissioner out of the money received by him for impost,
and shall lie allowed him, accordingly, by the treasurer in his accompts.
And the naval officer shall not clear any vessel, until he be certified,
also, by the commissioner, that the duty of tunnage for the same is paid,
or that it is such a vessel for which none is payable according to this act.

And be it further enacted,

[Sect. 2;}.] That when and so often as any wine, rum or tea, im-
ported into this province, the aforesaid duty of impost upon which
shall have been paid agreeable to this act, shall be reshipped and
ex[)orted fi'om this government to any other part of the world, that
then, and in every such case, the exporter of such wine or rum or tea
shall make oath at the time of shipi)ing, before the receiver of impost, or
his deputy, that the whole of the wine or rum or tea so shipped has,
bondjlde, had the duty of impost aforesaid paid on the same, and shall
afterwards produce a certificate, from some odicer of the customs, that
the same has been landed out of this government, — or otherwise, in
case such rum or wines or tea shall be exported to any place where
there is no officer of the customs, or to any foreign port, the master of
the vessel in which the same shall be exported shall make oath that the
same has been landed out of the government, and the exporter shall,
upon producing such certificate, or upon such oath of the master, make
oath that he verily believes no part of said wines, rum or tea has been
relanded in this province, — such exporter shall be allowed a drawback
from the receiver of impost as follows ; viz*., —

For ever}' pipe of wine, nine shillings.

304 PnovrNCE Laws. — 1759-60. [Chap. 27.]

For eveiy hogshead of rum, seven shillings and sixpence.

And for every pound often, one shilling.

Provided, alivai/s, —

[Sect. 24.] That if, after the shipping of such wines or rum or tea,
to be exported as aforesaid, and giving security as aforesaid, in order
to obtain the drawback aforesaid, the wine or rum or tea so shipped to
be exported, or an}- part thereof, shall be relanded in this province, or
brought into the same from any other i)roviuce or colony, that then all
such wine, rum and tea so relanded and brought again into this prov-
ince, shall be forfeited, and may be seized by the commissioner afore-
said, or his deputy.

And be it further enacted,

[Sect. 25.] That there be one fit person, and no more, nominated
and appointed by this court, as a commissioner and receiver of the afore-
said duties of impost and tunnage of sliipping, and for the inspection,
care and management of the said office, and whatsoever relates thereto,
to receive commission from the governour or commander-in-chief for
the time being, with authority to substitute and appoint a deputy-
receiver in each port, or other places besides that in which he resides,
and to grant warrants to such deputy-receivers for the said place, and
to collect and receive the impost and tunnage of shipping as aforesaid
that shall become due within such port, and to render the account
thereof, and to pay in the same, to the said commissibner and receiver :
which said connnissiouer and receiver shall keep fair books of all entries
and duties arising by virtue of this act ; also, a particular account of
every vessel, so that the duties of impost and tunnage arising on the
said vessel may appear ; and the same to lie open, at all seasonable
times, to the view and perusal of the treasurer or receiver-general of
this province (or any other person or persons whom this court shall
appoint), with whom he shall account for all collections and payments,
, ' and pay all such monies as shall be in his hands, as the treasurer or

receiver-general shall demand it. And the said commissioner or re-
ceiver and his deputy or deputies, before their entering upon the exe-
cution of their said offiee. shall be sworn to deal truly and faithfully
therein, and shall attend in the said office from ten of the clock in th(>
forenoon, until one in the afternoon.

[Sect. 2(5.] And the saitl commissioner or receiver, for his lal)()nr.
care and expences in the said office, shall have and receive, out of the
province treasury, at the rate of sixty pounds per aiuunn ; and his deputy
or deputies shall receive for their service such sums as the connnissiouer
of impost, together with the i)rovince treasurer, shall judgi' necessary,
for wluilever sums they shall receive and pay ; and the treasurer is
hereby ordered, in passing and receiving the said commissioner's ac-
counts, accordingly, to allow the i)ayment of such salary or salaries, as
aforesaid, to himself and his deputies.

And he it furl her enacted,

[Skct. 27.] That all penalties, lines and Ibrfeitures accruing or
arising in conse(|iience of any breach of this act, shall be one half to
his majesty for tlie use of this jirovince, and the other half to him or
them that shall seize, inform and sue lor the same, by action, 1)111.
plaint or information, in any of his majesty's courts of record, wherein
no essoign, i)r(jtection or wager of law shall be allowed ; tiie whole
charge of the prosecution to l>o taken out of the half belonging to the
informer.

And bf it further eiuirted,

[Sect. 2H.] That from and after the commencement of this act, in
all causes wherein any claimui- shall appear, and shall not make good
the claim, the cluirges of prosecution shall be liorne and i):ud by the
eaid claiuier, and nut by the informer. IPassed Februar>i I'd, 17G0.

[:";d Sess.]

Pkovince Laws. — 1759-60.

SO,")

CHAPTER 28.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON SPIRITS
DISTILLED, AND WINE, AND UPON LIMES, LEMMONS AND ORANGES.

We, liis mnjest3's most loyal and tlutiful subjects, tlic reprcscnta- Preamble,
tives of the province of the Massachusetts Bay, in general court as-
sembled, being desirous to lessen the present debt of the province,
have chearfuU}- and unanimously granted, and do hereby give and grant
unto his most excellent majesty, for the end and use above mentioned,
and for no other use, an excise u[)on all ruui and other spirits distilled,
and upon all wines whatsoever, and upon lemmons, limes and oranges,
to be raised, levied and collected, and paid in manner and form follow-
ing : —

A))d be it accordingly enacted b>/ the Goveniour, Council and Iloufte
of liepi'esentatives ,

[Sect, l.j That from and after the twenty-fifth day of March, one Timoof Uiis
thousand seven hundred and sixty, and until the twenty-sixth da}' of "ng^ ''°"'''"""
March, one thousand seven hundred and sixty-two, ever}* person already-
licenced, or that shall be hereafter licenced, to retail rum or other spirits
distilled, or wine, shall pay the duties following: —

For ever}- gallon of rum and spirits distilled, eightpeuce.

For every gallon of wine of cveiT sort, twelvcpcnce.

For ever}- hundred of lemmons or oranges used and consumed in rnak-
ing punch, or otherwise for sale by taverners and innholders onl}', eight
shillings.

For ever}' hundred of limes used and consumed iu making punch,
or otherwise for sale by taverners and innholders only, three shil-
lings.

— And so proportionable for any other quantity or number.

And be it further enacted,

[Sect. 2.] That every retailer of rum, wine or spirits distilled. Accounts to be
taverner, innholder and common victualler, shall, on the twenty-sixth
day of March, one thousand seven hundred and sixty, take a just and
true account, in writing, of all wine, rum and spirits distilled then by
him or her, or iu his or her possession ; and that every person who
shall be hereafter licenced to be taverner, innholder, common victualler
and retailer of wine, rum or spirits distilled, shall take a like account of
all wine, rum and other spirits distilled by him or her, or in his or her
possession, at the time of such licence granted ; and* every taverner,
innholder, common victualler and retailer of rum, or other spirits dis-
tilled, or wine, shall make a fair entry, in a book by them respectively
to be kept for that purpose, of all such rum, or other spirits distilled,
or wine, as he or she, or any person or persons for him or her,- shall
buy, distill, take in or receive, after such first account taken, and when
and of whom the same was bought and taken in ; and at the expiration
of every half-year shall take a just and true account how much thereof
then remains by them ; and shall, in writing, under their hands, render
to him or them that shall collect the duties aforesaid the wliole of
those several accounts, and shall also make oath, in the form following,
before such collector or collectors, who are hereby impowered to admin-
ister the same : —

You, A. B., do swear that the account by you now rendered Ls, to the best of Form of the
yoiu- knowledge, a just and true account of all wines, rum and distilled spirits °"^'''
you had by you, or in your possession, on the twenty-sixth day of IMarcli, one
thousand seven hundred and sixty, and also of all the wine, rum and other

• "Tbat," omitted?

306

PnoviNCE Laws. — 1759-60.

[Chap. 28.]

Pcnnlty for col-
IcrloiB receiv-
ing accounts
wiibouc oath.

Oath to be

v.irie(l.

Duties to the
collector.

Ten per cent
nllowfd for
leakage.

Tavemers, &c.,
to give bond.

Forfnlluro for
mclocl in kocp-
liiK und rrndcr-
iuK accounts.

rie.'imblfl.

distilled spirits bought, distilled, taken in or received l)y you, or by any per-
son or persons for or under you, or by or ^vith your knowledge, allowance,
consent or connivance, and that there still remains thereof in your possession,
unsold, so much as is in this account said to remain by you unsold ; and that
you do not know or believe that there has been by j'ou, or by any other
person or persons for or mider you, or by your or their order, allowance, con-
sent or connivance, either directly or indirectly, sold, used or consumed, any
wine, or any liquor for, or as, wine ; any rum or distilled spirits, or liquor for,
or as, rum or distilled spii'its ; or that there has been any limes, lemmons or
oranges by you, or by any person or persons for or mider you, or by your
order, consent, allowance or connivance, used in making punch, or otherwise
for sale, since the said twenty-fifth day of March, one thousand seven hundred
and sixty, besides what is conta^^ned in the account by you now rendered. So
lielp you God.

— and every collector of the excise who shall receive an}' account from
any person in consequence of this act, without their making oath to the
same, as aforesaid, shall forfeit and pa}- for the use of the government
the sum of twent}- pounds.

[Sect. .3.] And for every person that was not licenced on the same
twent3--fifth da}- of March, the form of the oath shall be so varied as
that instead of expressing the day aforesaid, the time of taking and
rendering their last accounts shall be inserted and used ; and for eveiy
pei'son rendering an account after the first, the oath shall be so varied
as that instead of expressing the day aforesaid, the time of taking and
rendering their last accounts shall be inserted and used.

[Sect. 4.] And every such tavcrncr, innholder, retailor and com-
mon victualler shall i)ay the duties aforesaid to him or them that shall
collect the same, on the whole of the several articles mentioned in sucli
aec'onnt rendered, saving onhj for such part thereof as remains in their
hands unsold: provided, 7ievej-tJieJ ess, that for leakage. &c., ten per
cent shall be allowed them on all liquors in such account mentioned,
besides what remains in their hands unsold.

And he it further enacted,

[SEcf. 5.] That every person hci'cafter licenced to be a tnverner,
inniiolder, common yictualler or retailer of any wine, rum or spirits
distilled shall, within thirty days after such licence granted, and be-
fore he or she sell by virtue of the same, not only become bonnd to
keep good rule and order, as by law is already i-equii'ed, but shall also
become bound, with snflicient sureties, by way of recognizance, to his
majesty, for the use of this government, in a sunU-ient sum, to be or-
dered by the court that grants the licence, which smn shall not exceed
three hundred pounds nor be less than fifty pounds, conditioned that
they shall keep and render the accounts aforesaid, and pay the duties
afoicsaid, as in and by this act is required.

And be it fartlier enacted,

[Shot. G.] Th.at evei-y such taverner, innholder, common victualler
and retailer, who shall neglect or refuse to take, keep and reiuler surh
accounts ns by this act are required, or that shall neglect or lefiisc to
take the oath afoiesaid, shall forfeit and pay, to him or them that shall
collect the duties aforesaid, double the sum which tlie court of gcnei'al
sessions of the i)eacc in that county shall adjudge that the duties of
excise upon the liquoi-s, limes, lemmons and oranges by siicli taverner,
innholder, common vicl nailer or retailer, or by any for, by or under
him or th(>m, sold, used or consinned would have amounted to; and no
persons shall be licenced l)y the justices of the general sessions of the
peace, wiio h.ave not accounted with the collector, ami i)aid him the
excise afoiesaid, due from such person at the time of his or her taking
or renewing his licence.

And v'/irrras, notwithstanding the laws made against selling strong

[3d Sess.]

Pkovince Laws. — 1750-60.

301

drink without licence, many persons, not regarding the penalties of
said acts, do receive and entertain persons in their houses, and sell
great quantities of spirits and other strong drink, without licence ; b}'
reason whereof great debaucheries arc committed and kejit secret, and
such as take licences and pa}' the duties of excise therefor arc gi-eatlj'
wronged, and the government thereb}- defrauded, —

Be it therefore enacted,

[Sect. 7.] That if any distiller, importer or any other person what-
soever, after the said twenty-tifth day of March, shall presume, directly
or indirecth', to sell any rum, or other distilled spirits, or wine, in less
quantity than twenty-five gallons, or an}- beer, ale, cyder, perry or
other strong drink, in any quantity less than ton gallons, without licence
first had and obtained from the court of general sessions of the peace
in that county, and recognizing in manner as aforesaid, sliall forfeit
and pa}' for each offence the sum of four pounds and costs of prosecu-
tion, two-thirds for the use of the government, and the other third for
the prosecutor ; and all such as shall neglect or refuse to pay the fine
aforesaid shall stand closely committed in the common goal of the
county, and not have the liberty of the goaler's house or yard, until
said sum of four pounds is paid, with costs ; and any goalcr giving
liberty contrary to this act, shall forfeit and pa}- the said sum of four
pounds, to be disposed of in manner aforesaid, and costs of prosecu-
tion.

Ayid ivhereas some doubts have arisen whether the lending or deliv-
ering rum, brandy or other spirits distilled, or wine, to others, for their
use, upon agreement or confidence of having the like liquors returned
again, be a sale thereof; wherefore, for removing all such doubts, —

Be it enacted^

[Sect. 8.] That all rum, brandy and other spirituous liquors, and
Avine, lent or delivered to others for their use, upon such like consider-
ation, is, and shall be deemed and taken to be, an absolute sale there-
of; and that every person not licenced as aforesaid, that shall order,
allow, permit or connive at the selling any rum, brandy or other dis-
tilled spirits, or wine, contrary to the true intent and meaning of this
act. by his or their child or children, servant or servants, or any other
person or persons in or belonging to his or her house or family, shall
be deemed and taken to be the seller of such liquors, and be subject to
the aforesaid pains and penalties provided against such offenders, and
shall be recovered in like manner : 2'>'''0vided, that if it shall be made to
appear that the liquors lent or delivered as aforesaid shall have had
the duties paid upon them, or were purchased of any person or persons
having licence or permit, the person lending or delivering the same, as
aforesaid, shall not be subject to the aforesaid pains and penalties.

And vihereas divers other persons than those licenced to sell rum and
other distilled spirits by retail, have heretofore sup^^lied persons em-
ployed by them in the fishery, building vessels, and in other business,
with rum and other liquors, without paying any excise thereon, and
thereby have defrauded the government of the duty of excise, and have
not been subject to the penalty provided by law against selling drink
without licence, and the same practice will probal)ly be continued, un-
less eflectual care be taken to prevent the same, —

Be it therefore farther enncted,

[Sect. 9.] That all persons not licenced as aforesaid, who hereafter
shall by themselves, or by any other person or persons under them, or
by their orders, allowance or connivance, supi)ly any person or persons
employed by them in the fishery, buik.ing of vessels, or any other
business or employ, with rum or any other distilled spirits, or wine,
shall be deemed and taken to be sellers of such liquors, and be subject

Forfeiture for
eclling without
license.

Preamble.

Liquors lent or
delivered 3u
certain consid-
eration, to be
deemed a sale.

Proviso.

Preamble.

Persons not
licensed supply-
ing thoHe em-
f)loycd by Ibem
n llie fishery,
&c., with spirit-
uous liquors to
be deemed
sellers.

308

Province Laws.— 1759-60. [Chap. 28.]

Onr wItncsB
siinicifiil for
cunvictioD.

Penalty for sell-
ing strung drink
to ncKroes,
ninluttous, &c.

I'l-niilly on per-
KDiiH rcriiHing to
glvu evIUencu.

to the aforesaid pains aiul penalties provided against persons selling
anv of the liquors aforesaid without licence, and shall be recovered in
like manner, unless the}- make it appear that such wine, rum or other
distilk'd spirits, was purchased of a taverner, innholder or retailer,
or other person or persons that had licence or permit to sell the same.

And be it further enacted,

[ShXT. 10.] That, when any person shall be charged with selling
strung drink witliout Ucence, one witness produced to the satisfaction
of the court or justice before whom the trial is, shall be deemed suf-
ficient for conviction. And when and so often as it shall be observed
that there is a resort of persons to houses suspected of selling strong
drink without licence, any justice of the peace in the same county
shall have full power to convene such persons before him, to examine
them u[)on oath concerning the persons suspected of selling or retail-
ing strong drink in such houses, outhouses or other dependencies
thereof; and if uj^on examining such witnesses, and hearing the de-
fence of such suspected person, it shall appear to the justice there is
snfficient proof of the violation of this act by selling strong drink
without licence, judgment ma}' thereupon bo made np against such
person, and he shall forfeit in like manner as if process had been com-
menced by action or information before the said justice ; or otherwise
the said justice may bind over the person suspected, and the witnesses,
to the next court of general sessions of the peace for the county where
such person shall dwell.

And be it further enacted,

[Sect. 11.] That when and so often as an}' person shall be charged
with selling strong drink without licence to any negro, Indian or mo-
latto slave, or to an}- child or other i)erson under the age of discrt'tion,
and other circmnstances concurring, it shall api)ear to lie highly proba-
ble in the judgment of the court or justice before whom the trial shall
be, that the person complained of is guilty, then, and in every such
case, unless the defendant shall acquit him- or herself upon oath (to bo
administred to him or her by the court or justice that shall try the
cause), such defendant shall Ibrfeit and pay lour [wunds, one third to
the informer, the other two thirds to the collector of excise for the use
of tlie government, and costs of prosecution ; but if the defendant
shall acquit him- or herself upon oath as aforesaid, the court or justice
may and shall enter up judgment for the defendant to recover costs.

And be it further enacted,

[Skct. 12.] That if any person or persons shall be summoned to
appear before a justice of the peace, or the grand jury, to give evidence
relating to any person's selling strong drink without licence, or to
ap|>ear before the court of general sessions of the peace, or other court
jtroper to try tin; same, to give evidence on the trial of any person
informed against, presented or indicted for selling strong drink with-
out licence, and sliall neglect or refuse to appear, or to give evidence
in that behalf, every jjerson so offending shall forfeit the sum of twenty
1»ouikIs and cost of i)rosccution ; the one half of the penalty aforesaid
to iie to his majesty for the use of the province, and the other half to
ami for the use of him or them who shall sue I'or the same as aforesaid.
Ami when it shall so happen that witnesses are botnid to sea IxMbre the
silting of the coiut where any jH-rson or persons inCoiined against, for
selling strong drink without licence, is or are to be prosecuted for the
same, in every such case, the deposition of any witness? or witnesses, in
writing, taken before any two of his majesty's justices of the peace,
iju'irum ?<»»/."«, and se.-iled uj) and delivered into court, the adverse
jiaity having first had notice, in writing, sent to hiu) or her, of the time
und [lUuv of cuiition, shall ite estei-med as sullicient evidence, in the

[3d Sess.]

PROVINCE Laws. — 1759-00.

3oy

How fioeg, &c.,
are to be recov-
ered.

law, to convict an}' person or i)orsons offending against tliis act, as if
sncli witness or witnesses had been present at the time of trial, and
given his, her or their deposition viva voce ;*i\n(\ ever}- person or per-
sons wlio shall be snmnioned to give evidence, before two justices of the
peace, in manner as aforesaid, and shall neglect or refuse to appear, or
to give evidence relating to tiie facts he or she shall be enquired of,
shall be liable and subject to the same penalt}' as he or she would have
been, b}' virtue of this act, for not appearing, or neglecting or re-
fusing to give his or lier evidence before the grand jur}' or court afore-
said.

A)i(l be it farther enacted^

[Skct. 13.] That all fines, penalties and forfeitures arising l)y this
act shall and may be recovered, by action or information, before an}'
court of record proper to try the same ; and, wlieie the smn forfeited
doth not exceed four pounds, by action or information before any one
of his majesty's justices of the peace in the respective counties where
such olfence shall be committed : which said justice is hereby impowered
to try and determine the same. And said justice shall make a fair
entry or record of all such [)roceedings : saving, always, to any person
or persons who shall think him-, her- or themselves aggrieved by the
determination of said justice, liberty of appeal therefrom to the next
court of general sessions of the peace to be holden for and within said
county, at which court such offence shall be finally determined : pro-
vided, that in the same appeal the same rules be observed as are al-
ready required by law, in appeals, from justices, to the court of general
sessions of the peace : saving, only, that the recognizance for prosecut-
ing the appeal shall be eight pounds.

Ayid be it further enacted,

[Sect. 14.] That every collector shall settle all accounts relating
to said excise in the several towns of the county where he is collector,
first giving seasonable and publick notice of the time and place or
places where said business shall be transacted.

And be it farther enacted, '

[Sect. 15.] That there be one or more collectors in each county
appointed by the general court, — or courts of general sessions of the
peace, where it shall happen that such collector refuse to accept said ti'ie gfix-rai
office, or be removed by death, or for mismanagement, — to take charge
of this duty of excise, who shall have full power to inspect the houses
of all such as are licenced, and of such as are suspected to sell without
licence, which collector shall be upon oath to take care of the execution
of this law, and to prosecute the breakers of it.

[Sect. 16.] And every collector of the excise in any county may
substitute and appoint one or more deputy or deputies under him, ui)on
oath, to collect and receive the excise aforesaid which shall become
due in said county, and pay in the same to such collector, which depu-
ty and deputies shall have, use and exercise all sucli powers and au-
thorities as in and by this act are given or committed to the collector
for the better collecting the duties aforesaid, or p'rosecuting offenders
against this act ; for the doings of such deputies, the collectors, respec-
tively, shall be accountable.

[Sect. 17.] And the said collectors shall carefully examine the
accounts of every licenced person in their respective counties, and
demand, sue for and receive the se\ eral sums due from them l)y this
act, and shall give in the name of every licenced and permitted per-
son, and an account under their hands of the particular sums they
receive, and of whom received, unto the treasurer, upon oath: which
oath the treasurer is hereby impowered and directed to administer in
the words following ; viz., —

Collector to
settle accounts.

Collectors of I he
excise to he
appointed by

310

rituv iNCE Laws. — 17o9-G0.

[Chap. 28.]

Form of the
oalb.

Collectors to
give two re-
ceipts for every
■tun received.

Collectors' fees.

Bond to be
Riven to the
Iroasurcr for
Ircbh? the sum
thnt thecxciHe
v/aa farmed for.

Penalty for
ciilliTlorH or

lIcjXiticH

oQeDuiiig.

rrovino.

You, A. B., do swear that this is a just and true account of the excise upon
all wines, rum and distilled spirits, limes, lemmons and oranges, by you re-
ceived or secured to be paid you in the county of ; and that the per-
sons by whom such excise was paid or secured to be paid to you, were sworn
in manner and form as l)y law is prescribed. So help you God.

[Sect. 18.] And at the tiiue of receiving an}- money, the said col-
lector shall give two receipts, of the same tenor and date, mentioning
what sum or sums they have received from any taverner, innholder,
common victualler or retailer; one of which receipts to be, by the said
taverner, innholder, common victualler or retailer, returned to the court
of general sessions of the peace within their respective counties, at
the next session of such court, and the clerks of said court sliall,
within twenty days after recei2)t thereof, transmit the same to the treas-
urer or receiver-general.

[Skct. 19.] And such collectors sliall pay in to the public treasury
of this province all sucli sums as tlie,y shall receive, within six months
from the date of their commission ; and so from time to time within tho
s[)ace of the six months, as long as they shall continue in such otrice, on
l)ain of forfeiting the reward given such collectors by this act, who shall
be allowed, in the county of Suffolk, two and an-half per cent, in tho
counties of Essex and Middlesex and Plymouth, two per cent, and in
the other counties three per cent, on all money by them collected and
paid into the treasury as aforesaid: each collector before he enters into
the said oUice to give bond, for treble the sum that it was farm'd
for. in the respective counties, in the j^ear one thousand seven hun-
dred and fift3--seven, to the treasurer of this province for the time
being, and his successors in said office ; which bond shall be executed
before tho next court of general sessions of the peace, in tho respec-
tive counties, after such appointment, whore the said collectors live, or
before two of his majesty's justices of the peace in the respective
counties, one to be of the quorum: one of the said justices to
return tho certificate to the clerk of the sessions within thirty days,
as aforesaid, and be transmitteil to the treasurer of the province by the
clerk of the peace witliin such county, within three months after the
bond is executed ; and the said treasurer shall put in suit the bonds of
all such collectors who shall neglect to make due payment within fifty
days after either of the times of payment.

And he it further enacted,

[Skct. 20.] That in case any collector of tho excise as aforesaid,
or his deputy, shall, at any time during their continuance in that office,
wittingly and willing connive at, or allow any person or persons in their
respective divisions, not licenced by the court of general sessions of
tiic [)eace, their selling any wine, rum or other liquors l)v this act for-
bidden, such collector or deputy, for every such offence, shall forfeit the
sum of fifty pounds and costs of i)rosecution ; one half of the penalty
aforesaid to be to his majesty for the use of this orovinco, tho other
half to him or them that shall inform and sue for the same, and shall
be thenceforward ful'ever disabled from serving in said office : savimj,
that said c()llect()r may give a permit to any person to sell rum or
other spirits distilled, or wine, in (luantity from twenty-five gallons and
upwards, agreeable to this act.

Pniridi'd, idwai/s, and it is the true intent and meaning of this act, —

[Sect. 21.] That if any taverner or retailer shall sell to any other
taverner or retailer any (jiiaulity of whatever distilled litpiors and wine,
such taverner or retailer, selling as aforesaid, shall not In- held to p:iy
such duty, but the taverner or retailer who is the purchaser shall pay
the same ; and the seller as aforesaid, shall and hereby is reciuiivd to
deliver to the collector of this duty a true account of such liquors sold
as aforesaid, and to whom sold.

[3d Sess.]

riioviNUE Laws.— 1759-GO.

Ami to the eiicl that the revenue arising from the excise upon spirit-
uous liquors may be iucreased and raised with more equality, —

Be it enacted,

[Skot. 22.] That from and after the twenty-fifth day of March,
one thousand seven hundred and sixty, to the twent3'-sixth diiy of
i\Iarch, one thousand seven hundred and sixtj'-two, upon all rum and
other distilled spirits, and all wine, imported and manufactured, and
.sold for consumption williin this province, there be laid and hereby is
laid the dut\- of excise following ; viz., —

For every gallon of rum anil spirits distilled, eightpence ;

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

And be it further enacted,

[Sect. 23.] That every person that shall import any of the liquors
aforesaid, or to whom any of them shall or ma}' be consigned, shall be
and herel)y is prohibited from selling the same, or an}- part thereof,
without having a permit so to do from the collector of excise, or his
deputy. And every person distilling or manufacturing any of the said
liquors, and ever}- person owning or possessing an}- of them, excepting
such as are or may be licenced by the court of general sessions of the
peace, as aforesaid, shall be and hereby are prohibited from selUng
the same, or any part thereof, without having a permit so to do from
the collector of excise, or his deputy, on forfeiture of fifty pounds and
of the value of the liquors so sold ; and the said permit shall express
the particular county where the said liquors shall be permitted to be
sold ; and if any person who shall have such permit shall sell and
deliver, or cause to be sold and delivered, any of the liquors aforesaid
from any other county not mentioned in such permit, he shall forfeit
four pounds, to be paid, one third to the prosecutor, and the other two
thirds to the collector, for the use of this government.

Provided, nevertheless, —

[Sect. 24.] That the impost oflBicer, and his deputy, shall be and
hereby are respectively impowered to grant a permit for selling the
liquors atbresaid, or any of them, to any person applying for the same,
until a collector be appointed in each county, respectively, to w^hom the
duty of excise shall be paid as aforesaid, and until the collector shall
give public notice of his appointment as aforesaid. And the said im-
post officer, and deputy, shall transmit to the collector of each county
an account of the permits by each of them respectively granted to per-
sons living in such county.

And be it farther enacted,

[Sect. 2.5.] That if the said collector or his deputy shall have in-
formation of any place where any of the liquors aforesaid shall have
been sold by any person not having permit, as aforesaid, he may apply
to any justice of the peace within the county, for a warrant to search
such place ; and said justice shall grant such warrant, directed to some
proper oflOicer, upon said collector or deputy's making oath that he
hath had information as aforesaid, and that he hath just cause to sus-
pect the liquors aforesaid, or some of them, have been sold at such place
iirlbrmed of as aforesaid ; and having such warrant, and being attended
by such officer, the said collector, or his deputy, may, in the day-time,
between sun-rising ami sun-setting, demand admittance, of the person
owning or occupying such place, and upon refusal shall have right to
break open said place, and finding such liquors, may seize and take the
same into his own custody ; and the collector aforesaid, or his deputy,
shall be and hereby is impowered to command assistance and impress
carriages necessary to secure the liquors seized as aforesaid ; and per-

DuticB to be
paid upon all
liquors im-
ported or
manufactured.

Liquors not to
bo Bold by tiie
importer, &c.,
without a per-
mit.

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

'SIZ

PiioviNCE Laws.— 1759-GO.

[Chap. 28.]

ProyUo.

PiTBoiiB having
])( riiiil iiM ufore-
^ai(l lo render
nil uceounl lo
the- collector at
til" end of every
half-year, sav-
ing, ik&.

sons refusing assistance, or preventing said officers from executing
their oflice, shall forfeit live pounds to his majesty, for the use of the
province, and the said collector, or his deputy, shall make reasonable
satisfaction for the assistance afforded, and carriages made use of, to
secure the liquors seized as aforesaid ; and the collector, or his dej^ut}',
sliall then file an information of such seizure in the inferiour court of
common pleas for the county viherein such seizure shall be made :
which court shall summon the owner of such liquors, or the occupier of
the shop, house, warehouse or distil-house where the same were seized,
to appear and shew cause, if any he hath, wh}- the said liquors so seized
should not be adjudged forfeited ; and if such owner or occupier shall
not shew cause as aforesaid, or make default, the said liquors shall be
adjudged forfeited, and the said court shall order them to be sold at
pul)lic vendue, and the neat produce of such sale shall be paid, one
third to the prosecutor, the other two thirds to^the collector, for the use
of this government.

Provided, —

[SiXT. 2G.] That if the liquors seized as aforesaid be less in quan-
tity than one hundred gallons, the collector, or his deputy, shall file an
information thereof with one of the justices of the peace within the
county where the seizure shall be made, who shall summon the owner
or occupier aforesaid in manner as aforesaid ; and if such owner or
occupier shall not shew cause, or make default as aforesaid, he shall
adjudge such liquors forfeited, and shall order them to I:)e sold as afore-
said, and the neat-produce of such sale to be disposed of as aforesaid :
saving to the person convicted libert}' of appeal, he entring into recog-
nizance to the king, for the use of the province, in the sum or fift}'
pounds.

And be it further eyiacted,

[Sect. 27.] That every person having permit as aforesaid, shall, at
the end of each half-year, respectively, from the twenty-fifth day of
March, one thousand seven hundred and sixty, be ready to render to
the collector aforesaid, or his depute, an account, on oath, of all the
rnjiiors aforesaid by him or her, or any i)erson or persons in his or her
bciiall", sold ; and also of all the aforesaid fKiuors l)y him or her imported,
distilled or manufactured, or which have come into his or her posses-
sion, since the twt'uty-fifth day of March aforesaid, except the same
were bought of a licenced person in a quantity less than twenty-five
gallons, which in his or her family have been consumed or exi)ended
within each half-year, respectively ; which account shall express the
iuiinl»cr (jf gallons, of each kind, of the liquors so sokl and consumed ;
and shall pay therefor to the said collector or his deputy the duty albre-
said. excepting for so much as shall have l)een soltl to taverners, inn-
hoklcrs or retailers, having licence from the sessions as aforesaid, or
to any other persons having jiermit as albresaid, and so much as shall
have l)cen exported out of this province ; and if any of said liquors
shall have been sold to persons licencetl l)y the sessions, or to persons
having permit, said account shall exhibit the names of such licenced
persons who pinchascd, and persons having permit, and time when
they purchased the same ; and the persons accounting shall exhibit a
cerlilicate under the hand of the licenced or [)ermitted jjcrson purch.Ts-
ing, which shall express the number of gallons, and the kiiul of the
li(luors purchased, and the time when the same was purchasiul. and the
name (jf the town and county wherein such licenced'or permitted per-
.son lives, and shall lodge tl:e said ct>rtilicate with the said collector or
his deputy ; and for tlu' tiuantity of the said litjuors mentioned in such
certificate, the said collector or his deputy shall not demand any duty,
but shall deliver st^id certiticate lo the collector of the countv wherein

[3d Sess.]

Province Laws. — 1759-60..

;313

such licenced or permitted persons, signing the same, Uvea : which last-
mentioned collector or his d('[)Utv shall settle with such licenced or per-
mitted person for the dut>- aforesaid which ma}- be due from him or her.

[Sect. 28.] And if any person having a permit or licence as afore-
said, shall ship or export any of the liquors aforesaid oi>t of this
province in a quantity not less than thirty gallons, and shall make an
entry thereof with the collector aforesaid, or his dcput}', and shall pro-
duce to such collector or his deput}', when he comes to settle his
account of excise, one of the receipts or bills of lading given therefor
b}- the master of the vessel on board which such liquors sliall be
shipped (or if it shall be carried out of the province by land, or in
small boats, then of the person who is master of the land-carriage or
boat), expressing the quantity thereof and the time of their being
shipped, and shall lodge such receipt or bill of lading with the col-
lector or his deput}' aforesaid, and at the same time shall swear that
such liquors are bojui fide sent, or intended to be sent, out of the
province, he or she shall not be held to pay the duty thereon aforesaid.

[Sect. 29.] And if an}' person not having permit or licence shall
purchase for exportation out of this jirovince an}* of said liquors, in a
quantity not less than thirt}- gallons, of a person having permit or
licence, the purchaser shall make entry with the collector or his deputy,
and at the same time swear that such liquors are bond fide sent, or
intended to be sent, out of this province, and shall, within ten days after
shipping the same, deliver one of the receipts or bills of lading given
for such liquors, as aforesaid, to the person of whom he purchased the
same, or be subject to pav the amount of the duty thereon to the per-
son of whom he purchased the same as aforesaid, who shall pay such
dut}- to the collector or his deputy ; but if the purchaser aforesaid shall
deliver such receipt or bill of lading as aforesaid, and it be lodged with
the collector or his deputy, then, for the quantity of said liquors men-
tioned therein, the collet-tor or his deputy shall not demand any duty.

[Sect. 30.] And if the master of any vessel, or any other person,
shall give such certificate, receipt or bill of lading, without receiving
the liquors mentioned therein, or if an}- person shall procure such cer-
tificate, receipt or bill of lading, with design to defraud the government,
and shall be thereof convicted, they and each of them shall forfeit and
pay the sum of one hundred pounds, two thirds for the use of this gov-
ernment, and the other third for the use of the prosecutor. And if
any such certificate, receipt or bill of lading shall be forged, -counter-
feited or altered, the person forging, counterfeiting or altering shall
incur the penalty of one hundred pounds.

Provided^ nevertheless, —

[Sect. 31.] That the person having permit as aforesaid shall not
sell any of the liquors aforesaid in a quantity less than twenty-five
gallons (to be sold and delivered to one person at one time), unless he
or she hath licence from the court of general sessions of the peace, as
aforesaid, on pain of incurring the several fines and penalties in the
former part of this act laid upon those persons who sell the liquors
aforesaid without licence.

Be it farther enacted,

[Sect. 32.] That the collector aforesaid or his deputy, when the
exporter shall make an entry with him as aforesaid, or shall make an
entry with him and swear as aforesaid, shall give to said exporter a
certificate of such entry, or a certificate of such entry and oalh, on
penalty of one hundred pounds, for the use of the exporter.

And be it further enacted,

[Sect. 33.] That every person applying to the collector or his
deputy, or to the impost ofhcer or his deputy, for a permit, shall give

PerBons having
prrmit as afore-
said to Rive an
account of
liquors sent out
of the pro\-ince.

Persons not
having permit 10
render an ac-
count, &c.

Penalty for mas-
ters or others,
giving certifi-
cate without
receiving the
Uquord.

Proviso.

Collector to
give certiticate,
on penalty.

Persons apply,
ing for a permit,
to give bund.

I'KuviNCK J.Aws.— 17o9-G0. [Chap. 28.]

Preamble.

PcrHonK import-
ini; li(|ii(irH for
priviili? cori-
HUinption, Sec,
to render an
account thereof
to the collector.

('ollector may
npply to two
juHlici'M for «
riUitioii, whore
he may Biinpect
piThonM Kiviiig a
f:ilHC account,
itc.

bond, for the use of this province, with or without sureties, in a sura
not exceeding two hundred pounds, nor less tlian twent}' i)Ounds, at the
discretion of the collector or impost officer, conditioned for the payment
of the excise that shall become due according to the account to he
exhibited by such person taking such permit; and no person shall
have such permit of the collector or impost olficer until he hath given
such bond.

And tohereas the importer of any of the liquors aforesaid, or the
person to whom thev sliall be consigned, may intend the same either
for sale or for his or her own private consumption, in which case such
importer or consignee is not sufficiently held Ijy any precceding part of
this act to pay the duty ov excise aforesaid ; wherefore, in order to lay
said duty or excise in as equal manner as may be, —

Be it enaded,

[Skct. 34.] That cver3' person that shall bring or import into this
province, either b}' land or water carriage, any of the liquors aforesaid,
eitlier for sale or private consumption, shall, within twenty-four hours,
pay or secure to the collector the duties or excise due thereon ; but in
case such importer or consignee l)e licenced or permitted, then he shall
be held only to report the same to the collector of excise, and at the
end of each half-year, respectively, shall make out an account express-
ing the kind and full quantity of the liquors aforesaid, imported or con-
signed as aforesaid ; and when the account is rendered to the collector
or his deputy, it shall be upon oath; and such importer or consignee
shall pay to the said collector or his deput}', on the liquor or li(|Uors
mentioned in said account, the duty of excise aforesaid, deducting
ten per cent for leakage ; and in case of failure herein, the ofTender
shall pay a fine of four pounds, and treble duty or excise on the quan-
tity so imported or brought in, one third of which shall be for the use
of the province, the other two thirds for him or her that shall inform
and sue for the same.

[Sect. 35.] And if said collector or his deputy shall have reason
to suspect an}' person of bringing or importing into this province,
either by land or water carriage, ain' of the liquors aforesaid, without
having entered the same and secured the duties or excise aforesaid,
the said collector may apply to two of tlie next justices of the peace
to such suspected person, and witliin the county where he lives, andon
making oatli that he so suspects such person, said justices shall issue a
process under their hands and seals, dirt-cted to the sheriff or his
dei)uty, or constable, requiring him to summons such suspected [)erson,
ami oblige hiin to give security, to the amount of one hundred pounds,
to ;ipp(';ir :iud answer and respond the judgment that shall be given on
the j)reniisses, and in case such person shall not give such security, to
bring him before such justices at the time that said justices in such
procH'ss siiall appoint ; and when the parties shall be before them, the
8!iid justices shall examine into the cause of conqjlaint ; and if it shall
appear, eitiier l>y confession of the party, or l)y tiie evidence of one
credit tie witness, that he or she, or any one on his or her behalf, lias
imported or has had any of the liquors aforesaid consigned to iiim or
her without having entered the same and secured or paid the duty or
excise as aforesaid, such suspected person shall then render a full
account, on oath, of the kinds and qualify of the liquors imported or
consigne<l as aforesaid, and shall pay on such liquors, or give security
to pay. tiie aforesaid line of four pounds, ami trebfe duty or excise as
nforesnid, one third for the use of this govei iiinent. the other two thirds
for the informer and proseeiitor, and costs.

[SixT. 30.] And said justices are hereby impoweretl to make up
judgment and award execution acconlingly : ;jn<i'((/cd the said line

[oD SeSS.]

Province Laws. — 1759-GO.

315

and Iroblc damage exceed not six pounds* then said justices shall bind
Iho ollunder to answer his offence at the next court of general sessions
of the peace for the county where the oflence was connnitted, and such
offender shall enter into recognizance, with two sufficient sureties, to
answer for his offence, in the sura of fifty pounds ; and any person or
persons upon refusing to render such account and paying as aforesaid,
shall forfeit fifty pounds, one third for the use of the prosecutor, the
other two thirds for the use of this governnieut, in lieu of such fine
and treble dut}-, to be recovered as is hereafter provided in this act.

[Sect. 37.] And if no confession be made by such suspected per-
son, and no evidence produced as aforesaid, and it shall a[)pear to the
justices before whom the same is tried that there is sufficient ground
of suspicion, the suspected person may then clear him- or herself IVum
the complaint aforesaid, b}^ taking an oath in the form following : —

You, A. B., do swear that you have not, directly or indirectly, either l)y
yourself, or any person in your behalf, imported into this province any ]-um,
spirits distilled, or wine, and that you have not had any of said liquors di-
rectly or indirectly consigned to you, but what you have i)aid, or secured to be
paid, the duty or excise agreeable to an act of this province made in the
thirty-third year of his majesty's reign, intituled " An Act for granting unto
his majesty an excise upon spirits distilled, and wine, and upon limes, lem-
mons and oranges." So help you God.

— which oath the said justices are hereb}- impowered and required to
administer.

[Sect. 38.] And if such suspected person shall refuse to take said
oath, and shall neglect to appear upon the citation aforesaid, he or
she shall pay the cost of citation, and shall forfeit the sum of filty
pounds, one third for the use of the prosecutor, the other two thirds
for the use of this government, and costs of prosecution ; but if such
suspected person shall take the said oath, the costs of citation or war-
rant shall be paid by the collector or his deput}-, respectively, who
applied for such citation or warrant ; who shall also paj- to the person
cited or apprehended, and taking said oath, the sum of twenty shil-
lings ; and in case any person shall be served with the process afore-
said, in manner aforesaid, and shall not appear according to the tenor
thereof, said justices shall make a record thereof, and the security
taken by the sheriff or his deputy, or constable, as aforesaid, shall be
deemed forfeited, and the same by said collector may and shall be put
in suit in any court proper to try the same, and the sum recovered shall
be divided, one third to his majest}^ for the use of this province, and
tiie other two thirds to such collector.

And be it further enacted,

[Sect. 39.] That the collector, or his deputy, shall be and hereby
is obliged to grant a permit, under his hand, to every person applying
for the same, on penalty of two hundred pounds, to and for the use of
the person making api)lication ; which permit shall be in the form fol-
lowing ; viz.. —

You, A. B., of C, in the county of D., are hereby permitted to sell rum
and other distilled spirits, and wine, or any of said liquors, within the county
of , until the day of , one thousand seven

hundred and , pursuant to an act of this province, made iti the

thirty-third year of his majesty's reign, intituled " An Act for gianting unto
his liiajesty an excise upon spirits distilled, and wine, and upon limes, leni-
mons and oranges." Dated at C, this day of , 176 .

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

* In this act, and in the excise act of the previous year (1758-50, chap. 20, § "O),
the words "but if such duty exceed six pounds," seem to have been accidentally
ouiitted. See 1757-58, chap/l'J, § 37.

Form of the
oath.

Penalty for ro
fusing lo take
the oath.

Collector to
grant a ])crniit|
on penalty.

Fonn of the
poruiit.

:U()

riiuvLNCE Laws.— 170U-00. [Cuai\ 28.]

Fee for a permit.

("olloctor to
kc<-i> iin office In
each seaport
town, &c.

rrearable.

PerHons import-
ini; liquors as
aforesaid to give
bond.

Dipiily colleot-
>>rM liiililc to
iiillllury ilutlex.

All pcrnonH who
liad pcrinitH or
lirriiMe to Hell
lli|iiiirn, and
iiliull not renew
llic Maine, to
neroiint fiir the
duties thereof.

And for such permit the saiil collector or deputy shall bo cntiliiled to
receive two[)once, and no more ; and the like sum for an entry made
with him, and the hlie sum for a certificate given b}- him.

And be it fart he r enacted ,

[Sect. 40.] That the collector of excise, either by himself or his
deputy, shall keep an ofBce in each seaport town within his count}-,
wiiere he or his deputy shall give his allcndancc ou every Thursday,
from nine o'clock in the morning to twelve at noon, to grant permits,
to receive entries, give certificates, «S:c.

Provided, —

[Skct. 41.] That in the town of Boston such an office sliall be
k(^[)t and attentlance given on every day. Lord's Da}' only excepted,
within the hours aforesaid of each of said days respectively.

Provided, also, —

[Sect. 42.] That the said collector or his deputy, on application
made, shall at an}- other time grant permits, receive entries and give
certificates aforesaid.

Aiid ichereas persons not belonging to this province may import the
liquors aforesaid, and take permit to dispose of the same, and may go
out of the province before the time comes about when persons selling
said liquors are held to account with the collector, and by that means
may avoid pa}ing the duty upon what has been so disposed of ; for pre-
venting whereof, — ■

Be it enacted,

[Sect. 43.] That every person importing the liquors aforesaid, and
applying to the collector or his deputy for a permit to sell the same,
shall give bond to said collector, in a sum not exceeding two huudretl
pounds nor less than twenty pounds, with or without sureties, at the
discretion of the collector, that he will render to said collector or his
deputy an account, on oath, of the kind and full quantity of the liquors
aforesaid sold by him, or by any person or persons ou his behalf, and
that he will pay tliereon the duty or excise aforesaid before he leaves
the province; and if such person shall refuse to give such bond, the
said collector or his deputy shall not be obliged to grant him a permit,
anything in this act to the contrary notwithstanding; and if such
person shall sell any of the liquors aforesaid without permit, he shall
be subject to all tlie penalties that other persons selling without- per-
mit are subject to; or if such person shall give l)ond as aforesaid, and
shall leave the province before such boml lie discharged, the coUecior
may bring his action on said bond against the surety or sureties, for the
recovery of the sum in such bond mentioned, which shall be, one third
for the use of the prosecutor, the other two thirds for the use of this
government.

Be it farther enacted,

[Sect. 44.] That no person shall l»e exempted from any military
duly by means or on account of his being appointed a deputy collectoi-
of the duties of excise of s|)iritiioiis Ii(|Uors, but shall, to all intents
and purposes, bo liable to train, bi- impressed and perform every o'ther
military duty, as if such person Ii.ad not l)een a[)pointed a deputy col-
lector as aforesaid.

Be it further enacted,

[Sect. 45.] Tliat all persons who took out permits in the preeeed-
ing year, and do not renew the same, shall, at the eiul of each half-
year from and after the twtMity-sixlh day of March next, and until the
twenty-sixth day of IMaich, one thousand seven hundred and sixty-
two, rentier to the coUecttjr or his tlepiity that shall or may be appointed
in the respective counties by vertiie of this act, an account, on oath, of
all liquors remaining in their hands and consumed in his, her or their

[3d Sess.] . Province Laws.— 1750-GO. 317

families during the continuance of this act, and pay tlic duties lieiein
imposed, deducting ten per cent for leakage, upon penalty of fifteen
pounds, one half to the informer, the other half to and for the use of
this province.

Be it further enacted,

[Sect. 46.] That every person that hath been or may be appointed CoikctorofHio
collector of the duties aforesaid, who shall import into this province, or toacolunt fo/*'
shall have by consisnmont or otherwise, or shall sell or dispose of any nil wine, jtc,

. • T -11 1 1- 1 1 11 sold or con-

wine, rum or spirits distilled, limes, lemmons or oranges, or shall use Biimcd by Uicm.

or consume the same, such collector shall take, keep and render a like

account thereof, upon oath, to the province treasurer (who is lu'rol)y

impowered to administer the same in the form by this act piescribcc^),

and pay to him the like duties thereon as such person so api)ointe(\

collector would otherwise have been held and obliged to have taken,

kept, rendered and paid to the collector of the duties aforesaid ; and

that the same be done in like manner and time, and under the like

pains and penalties, as by this act in such cases is provided.

Be it further enacted,

[Sect. 47.] That all fines, penalties and forfeitures arising or now fines, &c.,
accruing by any breach of this act, and not otherwise appro[)riat(Ml. ;".uo bJois-'"*
sliall be two thirds to his majesty, for the use of this government, and P"«i-<iof.
the other third for the use of the prosecutor ; to be recovered by action
or information in any of his majesty's courts of record. [^Passed Feb-
ruary 13 ; published February 14, 1760.

318

Pkovince Laws.— 1759-60.

[Chap. 29.]

ACTS

Passed at the Session begun and held at Boston,
ON the Nineteenth day of March, A.D. 1760.

CHAPTER 29.

Srlcctmcn of
each town to
take a list uf
pcisoiiH liable to
Bcrvo as petit
iiirors, &c., and
lay the samn be-
fore tlicir towns,
at a lueetini;
called for tbat
purpose.
17')0-5", chap.

r.i.

6 Gray, 20.5.
1-21 MoHS.. 79.

Said list to bo
carried into the
nieetinLT, and uii
many naineH
drawn i>nt by
Ibe tiiwn clerk
or Heleelmen as
tlicrc Bliall be
OcrUHloli for.

I'lTRCinH to
»rrvc (injuries
but onei- lu
tl\ri>o years.

AN ACT FOR THE BETTER REGULATING THE CHOICE OF PETIT JURORS.

Beit enacted by the (?oi?enio[u]r, Council and House of Rejiresen-
tatives,

[Sect. 1.] That the selectmen of each town within this province
shall, within their respective towns, some time before the tentli day of
April next, take a list of the persons liable by law, and which they sliall
judge able and well qnalifled, to serve on the petit juries, and lay the
same before the town, at a meeting in May next to be called for that
l)urpose ; and the towns shall, respectively', at such m[eer*]iiig select
out of the list, one-quarter of the number so laid before them, such as
they judge most suitalile to serve as jurors at the siiperiour court of judi-
cature, court of assize and general goal delivery, and put their names,
written on sep[e][a]rate pieces of paper, in one box; and the re-
mainder of such of them as the town shall think suitable, in the same
manner, into another box, to serve as jurors in tlie iiiferiour court of
common [\\cns and court of general sessions of the i)eace, to l)e pro-
vided li}' the selectmen for that purpose, and deliver the same to the
town clerk, to be by him kept under lock and key.

And be it further enacted,

[Si;cT. 2.] That when, at any time after the first day of June next,
during the continuance of this act, any venire facias shall issue forth
for the choice of petit jurors, and the inhabitants of each town shall be
assembled for that purpose, the town clerk, or one or more of the select-
men in case of his absence or sickness, shall cany into the meeting
the box wherein the names of tho.sc persons are put who are designed
to SQj-ve at tiie court from whence the venire faciaa issued, which sliall
be unlock'd in the meeting, and in the presence of the major part of the
sflcctmcn (who are herein' enjo[i] [//]iied to be present), aiul the con-
st:ibl(^ who shall warn said meeting, shall particularly iiotifv them and
the town clerk for that purpose ; and the town clerk, or, in his absence,
one or more of the selectmen, shall draw out .so many tickets as there
are jurors retiuired hy \\\o venire, who shall be the persons that shall
be returned to serve as jurors : s(tvin(j, that if any whose iiannvs are so
drawn are sick, or otiicrwise unal)U> to serve at that lime, in the judgment
of the town, their names shall be icturneil into the box, and others
drawn in their stead.

[Sr.rr. 3.] And to the intent the sanu* persons may not serve too
often, the clerk or selectmen who shall draw the ticket or name of .any
person retnrneij to serve as aforesaid, shall enter on the back tlieii-of

* Parehincut mutilated.

[4th Sess.] Province Laws. — 1759-60.

319

the date of such draft, and ictiini the same into the box again, and
said person or persons shall not be obliged (altho* drawn at any time)
to serve as jurors oftner than once in three jears ; and no person who
has served as a petit juror within two years past shall be obliged to
serve again until three years be compleated from the time of his last
serving, notwithstanding his name's being drawn as aforesaid.

[Sect. 4.] And the selectmen shall, in the same manner, once in
ever}' year, during the continuance of this act, take a new list of such
other persons as may become suitable and qualilied, and lay the same
before the town, whose names, being (irst l)y them allowed, shall be put
into their respective boxes in manner as aforesaid ; antl as well that all
may tlo duty, as that the deliciency that ma}- have happen['] [e]d by
death, or otherwise, may be supplied at such time, the town may, if
they think fit, make a new regulation of the list before received, and
transfer the names from one box to another, as they judge needful.

^•l?ifZ ?t'/<erea.s it ofteir happens that the persons returned to serve as
jietit jurors abscond, and the respective constables are put to great
difliculty, and frequentlj- prevented from notifying them, —

Be it further enacted^

[vSect. 5.] That, from and after the first day of June next, and
during the continuance of this act, the clerks of the respective courts
in this province, shall, and hereby are obliged to, issue out their
venires, from their respective * offices, thirty days, at least, before the
return day ; and the respective constables, upon I'cceipt of the said
venires, are hereb}' obliged to notily their towns thereof, so that the
several meetings may be held six days, at least, before the sitting of
the court from whence the venire issues ; and the constables are hereb}'
directed, in case the}' cannot pcrsonall}' notif}' those who are so drawn,
upon their leaving a certificate of their being drawn as aforesaid, with
the time and place of their respective courts' sitting, at the usual place
of such person's aliode, four days before the sitting thereof, and it
shall be deemed a sufficient notification.

[Sect. 0.] And if an}' person, drawn and notified as aforesaid, shall
neglect to attend and serve accordingly, unless reasonable excuse be
made to the justices of the respective courts, he shall be fined in a sum
not exceeding thirty shillings ; and if such jurors belong to the town of
Boston, they shall be fined in a sum not exceeding ten pounds, for the
superiour court only, to be divided between the petit jurors drawn, as
aforesaid, and serving at such court.

And be it further enacted,

[Si:cT. 7.] That the justices of the respective courts aforesaid are
hereby directed, upon motion from either party in any cause that shall
be tried after the first day of .June next, and during the continuance of
this act, to put any juior to answer upon oath (whether returned as
aforesaid or as talisman) whether he doth expect to gain or loose by
the issue of the cause then depending ; whether he is any way related
to either party ; or hath directly or indirectly given his opinion, or is
sensible of any })rejndice, in the cause. And if it shall then a[)pear to
.said court that such juror docs not stand indiflerent in said cause, he
shall be set aside from the trial of that cause, and another appointed in
his stead.

And tohereas it frequently happens that many of the jurors so chosen
to serve in the several courts of judicature within this province fail of
attendance, and, by reason of challenges made by parties to several
of said jurors, the number of returned jurors are too few to serve at said
court ; for remed}' whereof, —

• Only one skin of the engrossinc-nt of this act, ending witli this word, is pro-
BPrvod. Ft Ix-ars no mark f>f liaving been scaled, although the date of pnhlicatioa
i3 endorsed upon it.

Preamble.

Rules for notifi-
cation and issu-
ing veniren.

Penalty for per-
sons not attend-
ing as jurors.

ifetluxl for pre-
venting partial
jurors.

Preamlilc

320

Province Laws.— 1759-60. [Chap. 30.]

New veiiirf^ to
be l88ucd, ia
cuso.

Preamble.

1756-57, chap.
13, § 10.

Choice and re-
turn, Sec, made
In conformity to
the act of the
tliirlietli year of
thf prcscut
reii;n, tobe good
and valid.

Limltallon.

Be it enacted^

[Sect. S.] That from and after the first day of June next, and
during the continuance of this act, it shall and may be lawful for the
justices of tlie courts aforesaid, when sitting, and as they shall judge
there is occasion, to cause new writs of venire facias to be forthwith
issued out and directed to the constables of the several towns in the
county in which said court is held, for the appointment and return of
so many good and lawful men, to serve upon the jury at said court,
as shall be directed in the writ ; which jurors shall be forthwith appointed,
and, being notilied and returned to the said court, shall be, and hereby
are, obliged to gi\-e their attendance immediatel}', under the penalt}' by
this act provided for non-apijearance of jurors.

And whereas, notwithstanding the expiration of the time limited for
continuing an act made and passed in the thirtieth 3-car of his majesty's
reign, intituled "An Act for the better regulating the choice of petit
jurors," sundry towns have conformed themselvee thereto, —

Be it enacted,

[Sect. 9.] That the choices and returns of petit jurors already
made, or which hereafter may be made before the commencement of
this act, by such towns, in conformity to the act made and passed in
the thirtieth year of his majesty's reign, and the verdicts given b}' such
jurors upon causes to them committed, together with all processes and
judgments alread}' had and entered thereupon in an}' court or courts of
law, or which hereafter may be, are hereby held and adjudged good and
valid, and are hereby confirmed, notwithstanding the discontinuance of
the said act made and pass'd in the thirtieth year of said reign.

[Sect. 10.] This act to continue and be in force from the said first
dav of May next, until the last da}' of March, which will be in the 3'ear
of our Lord one thousand seven hundred and sixty-seven. [^Passed
and published March 29, 1760.

CHAPTEK 30.

AN ACT FOR THE PREVENTION OF DANGER AND INCONVENIENCE IN
REBUILDING THAT PART OF THE TOWN OF BOSTON THAT WAS
LATELY CONSUMED BY FIRE.

Preamble.
VI Allin, 238.

NamoB of the
ncrnonH author-
izcil and ap-
piilntcd to lay
oul new HlreotH
nr laiiOH, and to
widen, alter or
illKroiillnue tliu
unini-, iic.

IIow pcriinni
Willi have their
Inndx taken
•way, or olhur-

WnEUEAS, by the late desolating fires in the present year of his maj-
esty's reign, a great number of buildings in the town of Boston have
been demolisiied, and a large tract laid waste ; to promote the building
thereof in the most safe and commodious manner, —

Be it enacted bij the Governour, Council and House of liejircsoita-
tivps,

[Sect. 1.] Tliat Thomas Hutchinson, John Osborne, Jacob Wen-
dell, Samuel Watts, Andrew Oliver, Joseph Tynehon, Ste|)hen Sewall,
John Krving, James IJowdoin, Thomas Hancock and Thomas Hub-
bard, Ksqiiires, ineml)ers of his majesty's council, together with the
l»reseiit selectmen of the town of IJoston, be and hereby are fully au-
tliori/A'tl and impowered to lay out any new streets or lanes, in sneh
l)laces and of such breadtii and length as they shall think proper, within
tlie limits of the tract so laid waste as aforesaid, and to witicn, ascer-
tain, alter and discontinue any streets or lanes heretofore laid out
williin the same limits. And any person or persons that shall have
llieir land taken away or lessened, or be otherwise injured thereby,
t*hall and may recover the damages by them sustained, agreeable to the

[4:h Sess.] Provixck Laws. — 1759-GO.

321

directions of an act made in the Ibiirlh year of the reign of King Wil- wiBeinjui.-.i,
liani and Queen Maiy, intituled " An Act for building with stone and 1692-93,'^cbap!^^
brick in the town of Boston, and preventing lire." 13.

And be it farther enacted^

[Sect. 2.] That no person shall erect, build or rebuild any honse,
barn, shop or other building whatever, before the twentieth day of
June next, within the limits aforesaid, without leave first obtained of
the said members of the council and the selectmen, or the major part
of the whole, being met together, in writing, nnder their hands, and
nnless the same be [)laced on such spot, and be of such kind, dimen-
sions and fabrick, as the said members of the council and the select-
men, or the major i)art of the whole, shall allow and ai)prove of.

[Sect. 3.] And every house or other Iniilding erected or rebuilt
contrar}' to the true intent of this act shall be deemed a nusance.
And the said members of the council and tlie selectmen, or the major
part of the whole, are hereby authorized and impowred to prostrate
and remove the same, and dispose of so much of the materials thereof
as shall be necessary to defrey the expence of prostrating and remov-
ing the same. [^Passed and published March 29, 17G0.

CHAPTER 31.

AN ACT FOR FURTHER REGULATING THE PARTITION OF REAL ES-
TATES.

Whereas the justices of the superio[?f]r court, in certain cases, and
the judges of probate, in certain cases, are 1)V law imiwwered to ai)point
five freeholders to make partition of real estates ; and ivhereas it is
found unnecessary for so great a number to be appointed where the
estate to be divided is but of small value, —

Be it therefore enacted by the Governo\^u^r, Council aiid House of
Representatives ^

[Sect. 1.] That for the future it shall and maybe lawful for the
justices of the supcrio[«]r court and [the] judges of probate, respec-
tively, to appoint either three freeholders or five, to make partition of
real estates, according to the circumstances of the estate to be divided
and as such justices or judges of probate in their discretion shall think
proper.

And whereas it sometimes happens that the estate to be divided con-
sists of such distinct tenements, and under such i)eculiar circumstances,
as that an exact partition thereof cannot be made to each of the par-
ties according to his share in the whole estate, without making such
fractional [1] division of a messuage, tract of land, or other tenement,
as would be extremel}' prejudicial to the interested therein ; for preven-
tion whereof, —

Be it further enacted.,

[Sect. 2.] That when any messuage, tract of land, or other tene-
ment shall be of greater value than either party's purpart or share in
the estate to be divided, and cannot at the same time be subdivided,
or part thereof assigned to one, and part to another, without great in-
convenience, the same ma}' be settled on one of the parties, not being a
ujlnor, he pacing, for owelty of partition, or, to make a just and equita-
ble partition, such sum or sums to such party or parties as, l)y means
thereof, have less than their share of the real estate, as said dividers
shall award ; and the part so assigned shall stand charged for the pay-
ment thereof. \_Passed and published March 29, 17G0.

Preamble.

1092-3, ch;in. 14,

§1.

1742-43, chap.

24.

1748-49, chap.

12.

Justices of the
superior court,
and judges of
probate, rc8])cc-
tively, to ap-
point free-
holders to tnako
partition of
real estates.

Where land-*.
Sec, canni.t be
siibdlvidid, may
be Kelt led on
one of the par-
ties not bciui; a
minor.

322

Pbovince Laws.— 1759-60.

[Chap. 32.]

CHAPTER 32.

AN ACT TO ENABLE THE TOWN OF WEYMOUTH TO REGULATE AND
ORDER THE TAKING AND DISPOSING OF THE FISH CALLED SIIADD
AND ALEWIYE[S], WITHIN THE LIMITS OF THAT TOWN.

Preamble.

Iiili:ibitanl« of
till' town of
Wfytnouth to
(U'tirniiue and
orilcT liow, in
uliat tnanncr,
.Vi-., h:iiii lihh
may b(! takun
atid (liuposed of.

IViially for
oU'euUinK
.asainitl tliis act.

rrovUo.

rcrmmH ap.
poiiiti'd iiH nfiire-
hald, to «ivu
Hi'ciirliy.

I.linltAtlon.

Whkkeas the town of Weymouth, in the count}' of Suffolk, have
been at considerable expence and charge in purchasing and opening a
water-passage for the fish called shadd and alcwives, from the sea into a
pond called Whitman's Pond, and Great Pond, being wholly within the
bounds of said town, it seems reasonable and but just that the sole
ordering the taking of said fish, and the disposition of them when
taken, should be whoU}' vested in said town of Weymouth ; to which
purpose, —

Be it enacted by the Governour^ Council and House of Representa-
tives^

[Sect. 1.] That, from and after the publication of this act, it shall
and may be lawful for the inhabitants of the said town of Weymouth,
at a meeting regularly assembled for that purpose, from time to time,
during the continuance of this act, to determine and order how, in what
manner, by whom, and what place or places, time or times in the 3'ear,
the said fish may be taken within the town aforesaid, and shall cause a
copy of such order, attested b}- the town clerk, to be posted up in some
piil)lick place in said town of We3mouth, whereunto all persons shall
conform, with respect to the taking and disposing of said fish, on pen-
alty tiiat the offender against the same shall forfeit and pay the sum of
ten shillings for each offence, to be recovered, before any justice of the
peace, by the ti'easurer of the town of Weymouth, and api^lied, the one
moiely to the use of the poor of the town of Wej'mouth, and the other
to him or them that ma}' sue for the same.

Provided^ —

[SixT. 2.] The said town of Weymouth do, for the benefit of the
ueighl)ouring towns, appoint one or more meet person or persons to
fish fur their supply during the usual season, and give publick notice on
or before the twentieth day of April next, and, for the future, on or
before the first day of April, annually, of time, i)lace, person or i)er-
sons, by which the}- arc to be supplied ; and for such fish, so supplied
and delivered, that the said town of Weymouth, or those employed by
them, shall demand or receive no more than one shilling per hmidred
for alewives, and six shillings per hundred for shadd, and so in propor-
tion Ibr a greater or lesser (luantity.

And provided, also, —

[Skct. .'].] That if the person or persons ai)pointed by the said
ttjwM of Weynioulh fur the purpose aforesaid shall neglect or refuse
that service, upon application of any two or more persons aggrieved, to
the two next justices in the neighbouiiiig towns, they may appoint one
or more meet i)ersun or persons, which shall l)e subject to the general
orders of said town respecting the fishery afuicsaid ; and who shall give
Buillcient security, tu the acceptance of the nl\)resaid justices, to render
and pay to tlu; trcjisurer of the said town of Weymuuth the full produce
of his or their lishing, at the rates aforesaid, after a reasunai)le deilue-
tiun being made at the discretion of the justices aforesaid, for the said
person or persons' time and labour therein : saving, always, to the In-
dians, the right of fishing in the ponds aforesaid and the water-passages
leading tlii-reto.

[SixT. 4.] This act to continue and lie in force for the space of five
years from llie pultlioation thercol". and no longer. \_/*<iss('d and ])ub-
lisUcd March 29, 17GU.

[4th Sess.]

Province Laws.— 1759-60.

323

CHAPTER 33.

AN ACT TO PREVENT DAMAGE BEING DONE ON THE MEADOWS LYING
IN THE TOWNSHIP OF YARMOUTH, CALLED NOBSCUSSETT MEADOW.*

"Whereas man}' persons frequently drive numbers of neat cattle,
horses, sheep and swine to feed upon the beaches and shores adjoining
to Nobscussett meadow, in Yarmouth, between said meadow and the
harbour, whereby the ground is nmch broken and damnified, and the
sand blown on said meadow and lands adjoining, to the great damage,
not onl}' of private persons, in their propert}-, but also to the said town
in general, so far as relates to said meadow, harbour, and the lands
adjoining, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That from and after the last day of March instant, no
person or persons shall presume to turn or drive an}- neat cattle, or horse-
kind, or sheep, or swine, to or upon any of the beaches, meadows or
shores at said Nobscussett, south of an east and west line from Fox Hill,
so-called, to the seashore, and so to the extent of the meadows and
beaches aforesaid in said Yarmouth, from the first day of March to the
last of November, annually, upon the penalty of ten shillings a head for
neat cattle, horses or mares, and one shilling for each sheep and swine,
that shall be turned and found on said beaches, meadows or shores,
within the time and limits aforesaitl ; which penalty shall be recovered
hy the selectmen or treasurer of the said town of Y'armouth, or an}-
other person that shall inform and sue for the same : the one half of
the said forfeiture to him or them that shall inform and sue for the
same, the other half to be to and for the use of the poor of the said
town.

And he it further enacted,

[Sect. 2.] That if any neat cattle, or horse-kind, or sheep, or swine,
shall, at any time hereafter, be found feeding on the said beaches,
meadows or shores, south of an east and west line from Fox Hill to the
seashore aforesaid, that it shall and may be lawful for an}' person to
impound the same, immediateh' giving notice to the owners, if known,
otherwise to give publick notice thereof in the said town of Yarmouth
and the two next adjoining towns ; and the impounder shall relieve the
said creatures with suitable meat and water while impounded ; and if
the owner thereof appear, he shall pay the sum of two shillings and
sixpence to the impounder, for each neat beast and horse-kind, and six-
pence for each sheep and swine, and the reasonable costs of reheving
them, besides the pound-keeper's fees. And if no owner appear within
the space of six days to redeem the said cattle or horse-kind, sheep or
swine so impounded, and to pay the costs and damage occasioned by
impounding the same, then and in every such case the person or
persons impounding such cattle or horse-kind, sheep or swine, shall
cause the same to be sold at ixil)lick vendue, to pay the costs and
charges arising about the same (public notice of the time and place
of such sale to be given in the said town of Yarmouth forty-eight hours
beforehand), and the overplus, if any there be, arising by such sale, to
be returned to the owner of such cattle or horse-kind, sheep or swine,
at any time within twelve months next after, upon his demanding the
same ; but if no owner appear within the said twelve months, then

• Tho en^ossinent of this act liciiiEj lost, it is here printed from the printed ses-
Bions-arts. There are uniniiiortant literal differences between this impression and
that of the edition ol temporary acts, of 17(W.

Preamble.

1749-50, chap.

15.

1754-55, cliap.

29.

Persons f irbid-
Jon to drive
cattle, &c., on
the beaches,
meadow or
shores at Nob-
scusset, within
certain limits.

Cattle to he
impounded, in
case.

Cattle to be
sold, ill case.

324

Province Laws. — 1759-60.

[Chap. 34.]

Onicers to be
cli:j!<cn to see
tliii* net carried
Into execution.

Proviao.

Limitation.

the said overplus shall be one half to the part}' impounding, and the
other half to the u.se of the poor of the said town of Yarmouth.

Be it further enacted,

[Sect. 3.] That the said town of Yarmouth, at their meeting m
March, annual!}', for the choice of town officers, be authorized and iinpow-
cred to chnse one or more meet person or persons, whose dut}' it shall
be to see this act observed, and to prosecute the breakers thereof, and
who shall be sworn to the faithful discharge of their office. And in case
an}' person so chosen shall refuse to be sworn, he shall forfeit and pay,
for the use of the poor of said town of Yarmouth, the sum of forty
shillings ; and upon such refusal said town from time to time to pro-
ceed to a new choice of such officer or officers.

Provided, nevertheless, and it is hereby declared, —

[Sect. 4.] That this act shall not be construed so as to restrain
any person or persons on the whaling or fishing business, from turning
their horses on tlie piece of common near said meadows, in case they
conflne such horses to the said common.

[Sect. 5.] This act to continue and be in force until the last day
of March, in the year of our Lord one thousand seven hundred and
seventy, and no longer. \_Passed and published March 21), 17G0.

CHAPTER 34.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS, THAT ARE
EXPIRED AND NEAR EXPIRING.

Sundry laws
revived and
continued.

1738-39, chap.
25.

1740-41, chap.
20.

]7tl-t2, chap.
14.

1742-43, ch. 16.
1742-43, ch. 20.

1742-43, ch. 27.
1742-43, ch. 19.
174:j-44, ch. 23.

1748-47, ch. 10.
174ft-17, ch. 11.
1740-17, ch. 17.

174*M7, ch. 18.
1748-40, ch. 13.

1751-52, ch. 19.

WnEREAS the several acts hereinafter mentioned, which are now
expired or near expiring, have been found useful and benetifial ;
viz''^, an act made in the twelfth year of liis present majesty's
reign, intit[?(]led " An Act to pi'event the unnecessary journeying of
the members of the General Court;" an act made in the fourlcenth
year of his present majesty's reign, intit[?(] led "An Act for explana-
tion of and supplement to the Act referring to the jjoor, &c." ; an
act made in the fifteenth year of his present majesty's reign, iuti-
t[?t]led " An Act to retrench the extraordinary expence at funerals " ;
four acts made in the sixteenth year of his in-esent majesty's reign :
one, intit[w]led "An Act for making more effectual an act inlit[(/]led
' An Act for regulating the militia' " ; another, iutit[«]led '• An Act
in addition to the several acts for regulating the assize of cask, and
preventing deceit in the packing of fish, beef and pork for sale";
another, intit[7t]led " An Act to prevent gaining for money or other
gain"; the other, intit[i<]led "An Act to prevent unnecessary law-
suits " ; an act made in the eighteenth year of his present majesty's
reign, intit[»]led " An Act to prevent unnecessary ex|)ence in suits at
law " ; four acts made in the twentieth year of his present majesty's
reign, one intit[?<]led " An Act in further addition to an act t'or high-
ways " ; another, infit[»]led "An Act to prevent tlie firing of guns
ciiarged with shot[/] or ball in the town of Boston " ; another, iiitit [?/]!ed
"■ An Act more eireetually to prevent profane cursing and swearing " ;
the other, iiitit[»/]led "An Act to enable the proprietors of private
ways to repair them in an equal manner " ; an act made in the twenty-
second year of his present majesty's reign, intit['/]led "An Act to
prevent damage being done on the beach and meadows in Plymouth,
adjoining to said beach, commonly known by the name of Plynionth
Leach " ; an act made in the twenty-fourth year of his present maj-

[4th Sess.] Peovlnce Laws. — 1759-GO. 325

esty's reign, intit[?<]lccl "An Act to impowcr the proprietors of the
meeting-house in the first i)arish in Salem, where the Rev. Mr. John
8parhawk now otBciates, and also the proprietors of the meeting-house
in the third parish in Newbury, where the Rev. Mr. John Lowell offici-
ates, to raise monc}' for delreying ministerial and other necessary
charges " ; and likewise an act made in the thirtieth year of his
present majesty's reign, intit[?i]led "An Act for preventing the 1756-57, chap,
unnecessary destruction of ale wives in the town of Sandwich " : — ^-•

Be it therefore enacted h>j the Governo\\\\r^ Council and House of
Representatives,

That such of the befure-mentioned acts as are expired, with all and Revived and
every article, clause, matter and thing therein resi)ectivelv contained, be ^"^'VT.M^,^

11 1 • ^ iiii,°o «, *^ .,; March '2'J, 1770.

antl lierebvare revived, and shall be in force from the twenty-ninth day
of March, one thousand seven hundred and sixt}', to the twenty-ninth
day of March, one thousand seven hundred and seventy ; and such of
said acts as are near expiring are hereby continued, and shall be in
force till the said twenty-ninth da}' of March, one thousand seven hun-
dred and seventy, and no longer. [^Passed and published March 29,
1760.

1326

TiioviNCE Laws.— 1759-60. [Chap. 35.J

ACTS

Passed at the Session begun and held at Boston,
ON the Sixteenth day of April, A.D. 1760.

CHAPTEK 35.

Prearnble.

1750-51, ctmp.
14.

<'iili'b ('imlilnK,
Kbi|.. itc., cm.
Iiowcri'd 10 Hut
II l> iiikI cnrry on
II lotlrry In
NrwUury.

AN ACT IN ADDITION TO AN ACT, INTITULED "AN ACT FOR RAISING
THE SUxM OF TWELVE HUNDRED POUNDS BY LOTTERY, FOR BUILD-
ING AND MAINTAINING A BRIDGE OVER THE RIVER PARKER, IN
THE TOWN OF NEWBURY, AT THE PLACE CALLED OLDTOWN FERRY."

WiiKUEAS, in pursuance of an act made and passed in the twent}'-
foui'th year of his present Majest3''s reign, intituled " An Act for rais-
ing the sum of twelve hundred pounds by lottery, for building and
maintaining a bridge over the River Parker, in the town of Newbur}', at
the place called Oldtown Feny," the bridge aforesaid has been
built, and now is compleated ; and whereas it appears, on the represen-
tation of Daniel Farnham, Esq., one of the persons appointed by the
same act to set up and carry on the lottery and build tlie bridge afore-
said, that the cost of building the said bridge, and carrying on the said
lottery, amounts to tlie sum of four liundred and seventy-eight pounds
eighteen shillings and fourponce more tlian wliat was allowed to be
raised by the act aforesaid ; and he liumbly prays that the said sum of
four hundred and seventy-eiglit pounds eighteen shillings and four-
pence may I)e raised by another lottery, together Avith such additional
sum as shall l)e needful to prosecute the same, under the direction of
persons appointed by this government ; and ichereas Thomas Berry,
Esq., one of the persons appointed to conduct the former lottery, is
since dead, and Jolin Greenleafe, Joseph Gerrish and Joseph Atlvins,
Esqrs., three of the other persons, by reason of age and weakness
decline the service aforesaid, and pray that other suitable persons may
be appointed in their room and sti'ad ; and the further sum of six hun-
dred pomids lieing thought needful for the [Mirposes aforesaid. —

Be it therefore enacted by the Gnvcrnoiir, Council and House of
Rep re sent at ives ,

That Caleb Cushing, Esq., Joseph Gerrish, jun., Esq., William At-
kins, Esq., and Mr. Patrick Tracey, merchant, togetiier witli tlie afore-
said Daniel Farnham, Esq., or any three of them, be and hereby are
inipowercd to set up and carry on a lottery within tiie said town of
Newl)ury, amounting to such a sum as, by deducting ten per cent out
of eacli prize, they may thereby raise the said sum of six hundred
l)Oiinds, for defreying the cliarges alrcany arisen on tlie account of
l)uildiH<j; tlie bridge aforesaid, and the necessary charges of managing
and prosecuting the lotteries aforesaid ; and upon a just settlement of
the expences and charges relative thereto, the residue, if any there
shall be, to be applied towards maintaiiiiug and repairing the same
bridge as occasion shall require: and the said Daniel Farnham, Caleb

[5tii Sess.] PiioviNCE Laws.— 1759^60.

327

Ciisbing, Joseph Gerrish, jun., and William Atkins, Esqrs., and the
said Patrick Traccy, or an}' three of them, are herel)y im[)OWcred to
make all necessary rules and orders for the regular proceeding there-
in ; and the}' shall he sworn to the faithful discharge of the trust afore-
said, and shall he ans\veral)le to the purchasers and drawers of the
tickets, for any deficiency or misconduct ; and the money thus raised
shall he applyed to the uses and puri)oses aforesaid ; and they, or any
three of them, are also hereby impowered to adjust and settle accounts
with the former managers as aforesaid. \_Passed and published April
28, 170U.

CHAPTER 36.

AN ACT FOR RAISING A SUM OF MONEY BY LOTTERY, FOR REMOVING
THE ROCKS AND SHOALS IN TAUNTON GREAT RIVER, AND THERE-
BY TO RENDER THE NAVIGATION IN SAID RIVER MORE EASY AND
LESS HAZARDOUS.

WiiEUEAS the navigation in Taunton Great Eiver, between [the] Ware
Bridge and Rocky Point, is much obstructed and straitned by reason
of diverse rocks and shoals in said river, and vessels are often sunk by
run[7i]ing on the rocks between the said bridge and Rocky Point, to the
great [)rejudice not only of trade in general, but to those particular
persons who have occasion to transport their lumber and other com-
modities up and down said river for a market ; to the end, therefore,
that those obstructions may be removed, and the navigation in said
river rendered more easy and less hazardous, —

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

[Sect. 1.] That James Williams, Esqi^'^., Captain George Williams,
Mr. Robert Luscomb and Mr. John Adams, all of Taunton, and Mr.
Stephen Burt of Berkley, or any three of them, be and hereby are
impowered to set up and carry on one or more lottery or lotteries,
amounting in the whole to such a sum as, by drawing or deducting ten
per cent out of the same, may raise three hundred and fifty pounds, and
no more ; and that the said sum of three hundred and fifty pounds,
raised by the deduction aforesaid, be, by the persons above named,
paid to Messieurs James Walker, Israel Tisdale and Stephen Macom-
ber, a committee appointed for the purposes in this act mentioned,
within ten days after the sale of the tickets of said lottery shall be
com pleated, taking their receipt for the same ; or, if the persons first
above named shall think fit to raise said sum of three hundred and
fifty pounds by more lotteries than one, then the money raised by each
lottery, by the deduction aforesaid, shall, within tCii days after the
tickets of each lottery, respectively, are sold, be paid by them to the
committee aforesaid, or the major part of them.

And be it further enacted,

[Sect. 2.] Tliat the persons aforesoid first mentioned, or any three
of them, be and they hereby are declared to l)e the managers or direct-
ors of each and every of the said lottery or lotteries, and are hereby
impowered to make all necessary rules, and use all necessary methods,
to manage and direct the same.

And be it further enacted,

[Sect. 3.] That the said managers or directors, with all convenient
speed, after the sale of the tickets of each lottery, shall make prepara-
tion for drawing the same, and shall give notice in the publick prints,

James Wil-
liams, Etiq., and
others, allowed
and empowered
to set up and
carry on one or
more lotteries
for removing the
rocks .ind
shoals in Taun-
ton Great River.

Any three of
them may be
managers or
directors.

Said managrcrs
to dispoteof the
tickets, make
preparation for

328

Pl^ovI^'CE Laws. — 1759-60.

[Chap. 36.]

tlie drawintr,
nnd to ^ve pub-
lic notice.
Maoagers di-
rected in their
proceedings.

Bincfit-tickcts
to l)e paid off by
llu; niiinagcra
wiiliin twenty
days after
drawing.

Owners of bene-
(it-tict<etH not
applying for
their money in
one year, in
eoHO, Hliall not
l)c entitled to
the itarac.

Managers, &c.,
to be on oath.

MunuKerH to
liccp arcouMt of
the lime ol their
attendance, &c.

HanaKi'm to ro-
celvf iircountH
of Ihe elmrge,
and onler
payment.

Paid iMtterlrn to
he litil-hrd In B
llmlleil time.

Comralltco for

of the time and place of di-awing, at least ten da3'S before the drawing
begins, that an}' of the adventurers, if they think fit, may be present
at the drawing ; and as soon as ma}' be after drawing of each lot-
tery, the said managers shall cause a list of the benefit-tickets, express-
ing the number and value of each of them, to be printed in one of the
l)ublick newspapei-s ; at the same time notifying the owners of such
benefit-tickets of the time and place when and where they ma}- apply
for the payment of such tickets ; and if any dispute shall arise about
the property of any of the said benefit-tickets, the major part of the
managers shall determine to whom it doth or ought to belong.

And be it farther enacted,

[Sect. 4.] That the said benefit-tickets shall be paid oflf by the
managers aforesaid within twenty days after the drawing of each lot-
tciy is finished, upon ai)plication of the owner or owners of such tick-
ets, and delivering them up to be cancelled ; and to secure the payment
of such benefit-tickets to the owner or owneis of them, the said man-
agei's and their estates, are hereby held and subjected to satisfy and
make good the same, in like manner as they and their estates are sub-
jected !)}• law to satisfy and make good their own proper debts.

And be it further enadedy

[Sect, y.] That if the owner or owners of any benefit-tickets
sliall, for the space of one year after the drawing aforesaid, neglect to
apply for the payment of such ticket or tickets, unless he, she or they
shall have been at sea, or out of the province, for that term of time (and
to such pei'son eighteen months shall be allowed to produce their tick-
ets), he, she or they shall not be intitled to receive the same, but such
ticket and tickets are hereby declared to be cancelled and of no value ;
anil the money in the hands of said managers, which was to have been
applied to the payment of such tickets, shall, after the expiration of
the term aforesaid, be paid to the province treasurer for the use of the
province.

And be it further enacted,

[Sect. 6.] That each manager aforesaid, before his acting in the
capacity of manager, shall take an oath for the faithful execution of
the trust reposed in him by v[i][p]rtue of this act; and every person
employed about each lottery shall take an oath for the faithful perform-
ance of his trust, which last oath may be administred by any one of
the mauagois, who ai'c hereby irapowered to administer the same.

And be it further enacted,

[Sect. 7.] Tliat the managers aforesaid shall keep a particular
account of tlic days of their attendance upon the service aforesaid,
and for each whole day's attendance shall be allowed the sum of four
shillings per day. the same to be })aid by the committee afoiesaid, or
the major part of them, out of the monies raised by virtue of this act:
provided, that no more than three of the managers aforesaid shall be
iiititl('(l to such allowance for one and the same day.

Ami fie it firrthi'r enacted,

[Sect. H.j Tiiat the manageis afoirsaid, after each lottery shall be
finished, shall i-eccive the accounts of all chaiges arisen theicon, and,
having found tlicin just, shall cei-ti(y the same u[)on said accounts, to
the saiil coniinittce, or the major part of them, who are hereby directed
to pay the same out of the monies aforesaid.

And be if further riKirtcd,

[Sect. '.».] That the lottery or lotteries aforesaid shall be wholly
coinplcated and (liiished within eighteen months from the first day of
Octoltcr, one thousand seven hundred and sixty.

And be it further enacted,

[Sect. 10.] That the said James Walker, Israel Tisdale and

[5th Sess.]

PROVINCE Laws. — 1759-60.

329

Stephen Maeomber are hcrob}- dcclaretl to be the committee for receiv-
ing of the said managers the monies raised by virtue of this act, and
for applying the same in the best manner they can for the purposes la
this act mentioned.

And be it further enacted,

[Sect. 11.] That the connnittee aforesaid, or the major part of
them, shall and they hereby are directed to apply the mone}-, from time
to time, as the}' may receive it from tlic managers of tlie lotteries afore-
said {saving so much as shall be suincient to defrey the necessary
charges of said lotteries), for tlic removing of the rocks and shoals
aforesaid in said Taunton River, between the Ware Bridge and Rocky
Point aforesaid, in the best and most frugal manner they can, and to
render an account of their proceedings therein to this court when re-
quired.

And be it farther enacted,

[Sect. 12.] That if the sum raised by virtue of this act shall be
more than sutlicient to pay the charges of the lotteries aforesaid, and
ytay the committee aforesaid for their necessary services in applying
the money by them received for the purposes before mentioned, the
surplusage shall be b}' them paid into the province treasury for the use
of the province.

Ayid be it further enacted,

[Sect. 13.] That if any person shall forge or counterfeit any ticket
or tickets to be made in consequence of this act, or alter an}' of tlie
numbers thereof, or utter, vend, barter or dispose of any false, altered,
forged or counterfeit ticket or tickets, or bring such ticket or tickets,
knowing the same to be such, t .» the said directors, or any of them,
or to any other person, with a fraudulent intent, every such person or
persons, being thereof convicted in due form of Jaw, shall suffer such
pains and penalties as are by law provided in cases of forgery.

[Sect. 14.] And the said managers or directors, or any two of
them, arc hereby autliorized and impowered to cause any person or
persons bringing or uttering such false, forged, altered or counterfeit
ticket or tickets, as afoi^esaid, to be apprehended and committed to close
goal, to be proceeded against according to law. [^Passed April 24* ;
published April 28, 17G0.

receiviDg
moneys.

Comniittee
directed how to
apply the
moneys.

In case of u sur-
plusage, how
the same shall
be disposed of.

Penalty for per.
sons who forge
or counterfeit
tickets, &c.

CHAPTER 37.

AN ACT FOR RAISmO A SUM OF MONEY, BY A LOTTERY OR LOT-
TERIES, FOR THE FAVING AND REPAIRING THE HIGHWAY IN
CHARLESTOWN; leading from the FERRY TO THE NECK, SO
CALLED.

Whereas the highway in the town of Charlestown, leading from the
ferry to the neck, so called, by reason of the great number of waggons
and other heavy carriages passing over it. and being for the most part
extremely founderous, miry and bad, is frequently out of repair, not-
withstanding the great cost and expence the town of Charlestown has
been yearly at for repairing the same ; and v-hereas the paving of the
same highway is the most eflectual method of repairing and keeping
the same in good order and condition, and will require a considerable
sum of money to effect it ; for the raising whereof, —

• April 28, according Jo the record.

330

riioviNCE Laws. — 1759-00.

[Chap. o7.]

James RuMell,
Ehq., and
others, allowed
and i^mpowcTcd
to Hct up and
carry on one or
more lotteries
for paving and
repairing
Charlestown
highway.

Any three of
tlu'Mi may bo
managers or
directors.

Baid managers
to dUpoBu of the
liokcls, make
preparation for
the drawing,
and to give
public notice.

Manngors dl-
rectod in their
proceedings.

r.cncflltlokcts
til III- paid iiffhy
tiic ninniigrrH
within twenty

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

[SiiCT. 1.] That James Russell, Esq^'l, Mess[ieM]rs Caleb Call.
Isaac Foster, Natlian[i][a]el Kaiul, David Newall, Samuel Kent and
Jal)ez Wliittemore, oi- aii}- three of them, be and hereby are allowed
and impowered to set up and carry on one or more lottery or lotteries,
amounting in tlie whole to such a sum as, by drawing or deducting ten
per cent out of the same, or out of each prize- or benefit-ticket, may
raise the sum of eighteen hundred pounds, and no more ; and that the
said sum of eigliteen hundred pounds, raised b}' the deduction aforesaid,
be, by the persons above named, paid to the town treasurer of Charles-
town aforesaid, within ten days after the sale of the tickets of said
lottery shall be compleated ; or, if the persons aforesaid shall think fit
to raise said sum of eighteen hundred pounds b}' more lotteries than
one, then the money raised by each lottery, b}' the deduction aforesaid,
shall, within ten days after the tickets of each lottery, respectively, are
sold, be paid b}' them to the treasurer aforesaid ; which sum of eighteen
hundred pounds, or whatever part thereof shall be so raised, shall be
applied towards the paving aud repairing the highwa}' aforesaid : sav-
inrj so much of said sum as shall be sufBcicnt to defr[a][(?]y the neces-
sary charges of the lottery- or lotteries aforesaid ; and to no other use
whatsoever, except in case of a surplusage, as in this act hereafter
mentioned.

And be it further enacted^

[Sect. 2.] That the persons aforesaid, or an}' three of them, be
and- they ai-e hereby declared to be the managers or directors of each
and every of the said lottery or lotteries, and are hereby impow[e]red
to make all necessary rules, and use all necessary' methods, to manage
and direct the same, till the whole shall be fully compleated and fin-
ished.

And be it further enacted^

[Sect. 3.] That the said managers or directors, with all convenient
speed, after the sale of the tickets of said lottery, or of each lottery,
i('si)ectively, shall make preparation for the drawing tlie same, and
sliall give notice in the publick prints, of the time and place of drawing,
at least ten days before the said drawing begins, tliat any of the
adventiu-ers, if they think tit, may be present at the drawing ; and
after tlic said drawing commences, the>'. tlie said mauagei-s, ma}'
adjourn from day to day, till the wliole number of tickets of each lot-
tery, respectively, sliall be drawn : 2^>'ovided. the diawing of any one
of said hjtteries continue not longer than fifteen days, exclusive of
Lord's Da3's.

[SiccT. 4.] And the said managers ordii'eclors shall make, or cause
to l)e made, a fair entry, in a book provided for that purpose, of all the
tickets so drawn, and of the blanks and jirizes drawn answering to said
tickets ; and within ten days after the di-awing of each lottery, respec-
tively, shall be liiiished, they shall cause a list of the benefit-tickets,
exi)i-essing the nuiiil)er and the amount of each of them, to be printed
in the |)ulilick newspapers, at the same time, in the said newspapers,
notilyiiig the owners of such benefit-tickets of the time and place when
and where they may apply for the payment of such tickets ; and if
any contention or dispute shall arise in adjusting the pi'operty of an}*
of the said heiielit-tickets, the major part of the man.ngers shall deter-
mine to whom it doth or ought to lu'long.

Aixl he if fur/hrv rnncted,

[Si;fT. '».] 'i'hat the said benefit-tickets shall be ])aid off by the
managers atbivsaid within twenty days after the di'awing of each lot-
teiy, respectively, is finished, upon npplicAtion of the owner or owners

[5th Sess.] Pkovince Laws. — 1759-60.

3:31

of such tickets, and delivering thera up to be cancelled ; and to secure
the payment of such benerit-tickets to the owner or owners of them,
the said managers or directors, and their estates, are hereb}' held and
subjected to satisfy and malce good the same, in like manner as the}' and
their estates are subjected b}- law to satisfy and make good their own
proper debts : j)rovided, that if tlie money in said manager's hands
shall be lost by tire, or any other extraordinary or unavoidable accident,
the said managers and their estates shall not be so held and subjected.

And be it further enacted,

[Sect. 6.] That if the owner or owners of anj- benefit-ticket or tickets
shall, for the space of one year after the drawing aforesaid, neglect to
apply for the payment of such ticket or tickets, unless he, she or they
shall have been at sea and out of the province for that term of time
(and to such persons eighteen months shall be allowed to produce their
tickets) , he, she or the}' shall not be entitled to receive the same, but such
ticket and tickets are hereby declared to be cancelled and of no value ;
and the money in the hands of said directors, which was to have been
applied to the payment of such tickets, shall, after the expiration of
the term aforesaid, be immediately paid to the town treasurer of said
Charlestown, for repairing and keeping in repair the highway aforesaid.

And be it further enacted,

[Sect. 7.] That each manager or director aforesaid, before his act-
ing in the capacity of manager or director, as aforesaid, shall take the
following oath ; viz"^'^. : —

I, A. B., do swear that I will faithfully execute the trust reposed in me,
aud that I will not use any indirect act or means to obtam a prize- or benetit-
lot for myself or any other person whomsoever, and that I will do the utmost
of my endeavom- to prevent any undue or sinister practice to be done by any
person w^hoinsoever, and that I will, to the best of my judgment, declare to
whom any prize-lot or ticket does of light belong, according to the true
intent and meaning of the act of this province, made in the thirty-third year
of his majesty's reign, [e][i]ntituled " An Act for raising a sum of money, by a
lottery or lotteries, for the paving and repairing the highway in Charlestown,
leading from the ferry to the neck, so called." So help me God.

— which oath shall be administred by any justice of the peace in the
county of Middlesex ; and every person or persons employed about the
lottery or lotteries aforesaid, by the directors afoi-esaid, shall take an
oath for the faithful performance of his trust, to be administred by
any one or more of the directors aforesaid, who are hereby impow[e]red
to administer the same.

And be it further enacted,

[Sect. 8.] That if the whole number of tickets of each lottery,
respectively, shall not be sold and disposed of by the said directors
within six months after the pubhcation of the scheme of each lottery,
respectively, it shall and may be lawful for the town of Charlestown, if
they think fit, to take the remainder of said tickets, undisposed of as
aforesaid, to their own account : provided, tbnt within one month after
the publick meeting of said town, to be called for that purpose, a sum
of money be raised and paid to tlie directors aforesaid, sufficient to
purchase the remainder of said tickets, which shall in that case be deliv-
ered to such person or persons as the said town shall appoint to re-
ceive the same ; but if the whole of said tickets cannot be sold within
the term of six months aforesaid, and the town aforesaid refuse to take
the tickets remaining unsold as aforesaid, th[a][e]n the money re-
ce-ived l)y the said directors, for the tickets sold, shall be by them
returned to the owners of said tickets, upon their delivering up their
tickets to the said directors, and the charges arisen shall l)e defreyed
by the said town of Charlestown : provided, nevertheless, that the said

dnys after
drawing.

Owners of bene-
fit-ticketH not
applying for
Uieir money in
one year, in
case, ehall not
bo entitled to
the Bame.

Form of
manager's oath.

All persons em-
ployed about
the lotteries to
be on oatb.

In case the
whole number
of tickets in
each lottery
shall not be sold
in fix months
after the publi-
cation of the
scheme, the
town of Charles-
town may Uikc
the remainder
to their own
account, pro-
vided.

Proviso.

332

riioviNCE Laws. — 17o9-G0.

[CuAP. 37.]

In cAse of a sur-
pluHiige, how
the name H)iall
be disposed of.

Penalty for per-
sons who foi'xe
or counterfeit
tickets, &c.

Managers to
keep account of
the time of their
attcnd:in(^e, and
exhibit the same
to the town.

Manager* to
ri-celvc accotinta
of rliarge, and
order payment.

HclcTtmin lo
ciinirart for the
woik and
iiialorlulii, 8m:.

managers shall not herebj- be prohibited from carrying on said lottery
or lotteries at any other time which they may judge suitable and con-
venient for the same.

Ayid be it farther enacted,

[Sect. 9.] That if the sum raised b}' means of this act shall be
more than sufficient to pave and repair the highway aforesaid, and
dcfrej- the charges of the lotter}' or lotteries afoi'esaid, and pay the
managers aforesaid for their services, as hereinafter expressed, the sur-
plusage shall be applied towards the paving or repairing of such street
or streets or highwajs in the town of Charlestown, as the said town
shall direct.

And be it farther enacted,

[Sect. 10.] That if any person shall forge or counterfeit an}' ticket
or tickets, to be made in consequence of this act, or alter an}- of the
nuiubei's thereof, or utter, vend, barter or dispose of any false, altered,
forged or counterfeit ticket or tickets, or bring such ticket or tickets,
knowing the same to be such, to the said directors, or an}- of them, or
to any other ])erson, with a fraudulent intent, every such person or per-
sons, being thereof convicted in due form of law, shall be punished by
imprisonment, by being publickly whipped, or by being set in the pil-
lory, at the discretion of the court before whom the conviction shall
be, according to the nature and aggravations of the offence.

[Sect. 11.] And the said managers or directors, or any two of
them, are hereby authorized and impow[e]red to cause any person or
persons bringing out or uttering such false, altered, forged or counter-
feit ticket or tickets, as aforesaid, to be apprehended and committed to
close goal, to be proceeded against accor(Hng to law.

And be it further enacted,

[Sect. 12.] That the directors or managers aforesaid shall keep a
paiticular account of the days of their attendance upon the service
afoi'csaid, and for each day's attendance shall be allowed the sura of
six sliillings, the same not to be paid out of the monies raised by virtue
of this act, unless there be a sufficiency for the purposes aforesaid, and
for the payment of such their allowances ; and, in case of a sufficiency,
they shall exhibit an account of their attendance aforesaid before a
pul)liek moeliiig of the town albivsaid, which account, being examined
and Ibuiid just, shall be ))aid by the town ti'oasurer aforesaid, upon the
order of the said town ; but in case there shall not be a sufficiency, the
town aforesaid shall make provision for the payment of such manager's
allowance aforesaid : irrovidHl, that no more than thiee managers afore-
said shall l)e inlitled to such allowance for one and the same day.

And be it farther enacted,

[Sect. i;5.] Tliat the managers or directors aforesaid, after the said
lottery, or each of the said lottei'ics, respectively, is finished, shall re-
ceive tli(! accounts ol'all charges arisen thereon, and, having fbuntl them
just, sliall certify the same* ui)on said accounts, and direct the town
tivasiiier afoi-csaid to pay them off and dischai'ge them.

And lie it farther enacted,

[Sect. 14.] That the selectnuMi of the town of Charleslown afore-
said, for the time being, shall conti'act and agree for tiie i)aving and
repairing tin; highway afbi'esaid, and for the materials uiid labour
necessary to do the same, at money |)rice, and shall draw on the town
Ireasin-er aforesaid for the payment thereof; and, when the said paving
and repaiis aie finished, they shall exhibit a particular acc<)unt of the
cost of the same, and lay it before the town afoiesaid at one of their
piil)lick njeelings, in oitler to be put on file with their other papeis.
[Paused April 24 ; publiahed April 28, 17G0.

[5th Sess.] Peovince Laws. — 1759-60.

333

CHAPTER 38.

AN ACT TO PREVENT DAMAGE BEING DONE ON A BEACH AT MONU-
MENT PONDS, IN THE TOWNSHIP OF PLYMOUTH, LYING BETWEEN
THE LANDS OF THE LATE THOMAS CLARK AND JOSEPH BARTLET,
DECEASED, AND ON A CERTAIN TRACT OF MARSHY GROUND LYING
UNDER WATER THERE.

WuEUEAS cattle for years i)ast have been suffered to feed on said
beach, by which means it has liLvn greatly lowered, and the sand of the
same blown into a brook adjoining (which issncs out of a fresh pond,
into which quantities of alewives formerly used to pass to cast their
spawn), as also on a great part of said meadow, thereby preventing the
fisli passing up to spawn, and occasioning the overflowing of said
meadow, to the damage of the proprietors of the said lands and to the
piiblick, —

Be it enacted hy the Governour, Council and House of Representa-
tives^

[Sect. 1.] That from and after the tenth day of May next, the
pro[)rietors of said beach and marsh shall have full power, at an}' meet-
ing by them called, to agree upon lowering and keeping down the afore-
said brook, as, by a major vote of said propriety at any such meeting,
they shall think proper ; and that the charges arising by the same shall
be borne from time to time by each proprietor, in proportion to their
respective interests.

And be it further enacted^

[.Sect. 2.] That no person or persons shall presume to turn or
drive any neat cattle, horse-kind or sheep upon the aforesaid beach, or
meadow adjoining, on the penalty of ten shillings per head for neat
cattle or horses, and three shillings for each sheep, so turned or found
upon said beach or meadow ; which penalty shall be recovered by any
person that shall inform or sue for the same, one half of the forfeiture
to him or them that shall inform or sue for the same, the other half for
the use of the said proprietors.

And be it further enacted,

[vSect. 3.] That if any neat cattle, horse-kind or sheep shall at any
time be found feeding on said beach or meadow, it shall l)e lawful for
any person to impound tlie same, immediately giving notice to the
owner or owners of the same if known, otherwise to give publick
notice thereof in the town of Plymouth aforesaid ; and the impounder
shall rel[ei][ie]ve said creatures with suitable meat and water while
impounded ; and if the owner thereof appear, he shall pay two shillings
and sixpence for each neat beast or horse-kind, and eightpence for
each sheep, and the reasonal)le cost of rel[ei] [i'ejving them, besides
the pound-keeper's fees. And if no owner appear within the space of
three da3's to redeem the said cattle, horse-kind or sheep so impounded,
and to pa}' the cost and damage occasioned b}' impounding the same,
then and in every such case the person or persons impounding such
cattle, horse-kind or sheep, shall cause the same to be sold at piil)lick
vendue, and pay the cost and charges arising about the same (publick
notice of the time and place of such sale being given in the said town
of PI [i][^] mouth, and the two neighbouring towns, forty-eight hours
before the sale) ; and the overplus, if any there be, arising by such sale,
to be returned to the owner or owners of such cattle, horse-kind or
sheep, at any time within two months next after such sale, upon his
demanding the same ; but if no owner appears within two months, then
the said overplus shall be one half to the person imi)Oiinding, and the
Other half to the use of the said proprietors.

Preamble.

Powers granted
to the proprie-
tors of Baid
beach and
marsh.

Penalty for
turning neat
cattle, horse-
kind or sheep,
on said beach or
meadow.

Cattle to be
impounded.

Cattle, &c., to
be sold, in case.

334

PROvrNCE Laws. — 1759-60.

[Chap. 39.]

Proviso.

Limitation.

Provided, —

[Sect. 4.] That nothing in this act shall be construed to prevent
the owners of said beach and meadow from granting libert3- to an}- of
their propriety to allow an}- of the cattle, horse-kind or sheep of the
said proprietors to go npon said beach or meadow, as the}- shall order
at any of their legal meetings.

[Sect. 5.] This act to continue and be in force for the space of
seven j-ears from the tenth day of May next, and no longer. {^Passed
and published April 28, 1760.

CHAPTER 39.

AN ACT FOR ERECTING THE WESTERLY PART OF THE TOWN OF
BRIMFIELD, IN THE COUNTY OF HAMPSHIRE, INTO A DISTRICT BY
THE NAME OF MONSON.

Whereas it has ])ecn represented to this court that the inhabitants
of the westerh- part of tlio town of Brimficld, in the county of Hampshire,
labour under great difficulties b}- reason of their not being incorporated
into a district, and praying the\' ma}- be so erected, —

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

[Sect. 1.] That the said westerly part of the town of Brimfield —
beginning at the ford-w-ay of Cheekobee River, at Benjamin Colton's,
the westerly side, thence running a direct course to a cliesnut-tree stand-
ing a little northerly of a house belonging to the heirs of Ezra King,
deceased ; thence south, eight degrees w-est, to the southerly line, and so
extending westerly, on the colony line, to Springfield bounds ; thence
northerly, to the country road that goes from Boston to Springfield ;
from thence, as the country road runs, to the bridge that crosses said
Cheekobee Kiver, and as the said river runs to the place first mentioned
— be and herein' is set oflT and erected into a sepcrate district by the
name of Monson ; and that the inhabitants thereof do the duties that
are required, and enjoy all i)nvileg(>s that towns do or by law ought to
enjoy, in this province, that of sending a representative to the general
asscml)Iy only excepted ; and that the inliabitants of said district shall
have full power and right, from time to time, to join with the said town
of Briuificld in the choice of a representative or lepresentatives (who
may be chosen either in the town or district), in wliich choice they shall
enjoy all tlie privileges which by law they would have been intitled to if
this act liad not been made.

J^rovided, nevertheless, —

And be it furlher enacted,

[Sect. 2.] Tliat the said district shall pay their proportion of all
town, coiuily and i)rovince taxes, already set on or granted to be raised,
in like mann(>r as tho' this act had not been made.

Ami be it fiirtlier enacted,

[SiccT. .'{.] That John Sherman, Esq'., ])e and lierel)y is impowcrcd
to issue his warrant, directed to some principal inhabitant in said dis-
trict, requiring him to notify and warn the inhabitants of said district,
qualified by hiw to vote in town affairs, to mei't at sncii time and place
as siiall ite (herein set forth, to c-iuise all such officers as shall be neces-
sary to manage the affairs of said district. [^Passed April 2H, 1700.

[5th Sess.] Province Laws.— 1759-60.

335

CHAPTEK 40.

AN ACT TO SUPPLY THE TREASURY WITH FOUR THOUSAND FIVE
HUNDRED POUNDS.

Whereas this court have agreed to raise five hundred men to re- Preamble.
l[eij[«e]ve so many of those in tlie pay of this proviuee as are posted
al Louisbourg and Nova Scotia ; and it being necessary- tliat there be
a sum of money immediately borrowed to pay said men such bounty as
is agreed upon and voted by this court, —

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

[Sect. 1.] That the treasurer of this province be and he hereb}- is Treasurer cm-,
directed and impowered to borrow tlic sum of four thousand five hun- borrow*£4 5oo.
dred pounds, in Spanish mill'd dollars at six shillings each, or in coined
silver, of sterling alio}', at six shillings and eightpence per ounce ; and
the said sum of four thousand five hundred pounds, when borrowed,
shall be issued b}' the governour or commander-in-chief, b}' and with
the advice of the council, for pacing said bounty, and for no other use
whatever ; and in case there be a surplus, it shall remain in the treas-
ury for the further order of this court.

And for the sum so borrowed, the treasurer shall give a receipt or
note in the form follow'iug : —

Province of the Massachusetts Bay, the day of , 17G0. Formoftreas-

Received of the sum of , for "•"^'"'^ '"'"=<''?'•

the use and service of the province of the Massachusetts Bay ; and, iu belialf
of said province, I do hereby promise and oblige myself and successors iu
the office of treasurer, to repay the said or order, the

twentieth day of June, one thousand seven hundsed and sixty-four, the
aforesaid sum of , in coined silver, of sterling alloy,

at six shillings and eightpence per ounce, or in Spanish mill'd dollars, at six
shillings each, with interest, annually, at the rate of six per cent per annum.

AVituess my hand, A. B., Treasurer.

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

And to enable the treasurer to discharge the obligations by him given
in pursuance of this act, —

Be it enacted,

[Sect. 2.] That there be and hereby is granted to his most excel-
lent majest}. a tax of five thousand and five hundred pounds, to be
levied on polls and estates within this province, according to such
[rolls] \_rHles'] and in such proportions as shall be agreed upon and
ordered by the general court of this province at their sessions in JNIay,
one thousand seven hundred and sixty-three, and before the twentieth
day of .Tune, one thousand seven hundred and sixtj'-three ; and if there
should be a surplus, it shall remain in the treasury for the order of this
court.

And he it further enacted,

[Sect. 3.] That in case the general court shall not, b}' the twentieth Rui<< forappnr.
day of June, one thousand seven hundred and sixty-three, agree and [J°Il'°e.''*"' *'"''
conclude upon a tax act to draw into the treasury* the aforesaid sum of
five thousand and five hundred pounds, by the thirt3'-first day of March
then next after, that then the treasurer of the province shall issue his
warrants, directed to the assessors of the several towns and districts
within this province, requiring them, respectively, to assess, levy and
pay their respective proi)ortions of said sura, according to the propor-
tions, rides and directions of the then last preceeding tax act. \_Passed
ivid published April 28, 1760.

Tax of £5,500,
in 1763.

336 Province Laws. — 1759-60. [Notes.]

Notes.— There werf. five sessions of the General Court this year. In the heading
of tlie record of the flrth session, which began April 10, 17(30, it is called the fourth;
hut to treat tliis new assembling of the Court, after a recess of two weeks, as a
continuation of the fourth session would be neither in accordance with the plan
adopted in this edition, nor agreeable to the practice in previous years.

The engrossments of all the acts of the first session, and of chapters 8, 10, 17, 18,
lit, L'O, 25, 20, 27, 28, OO, 3:5, o5 and .SO, are missing. All the acts of this year were
printed (chapter 2 and 27 separately) except chapters .'51 and 39. The latter act has
been here restored from a MS. record of a(-ts, in the Secretary's office; and chapter
27 is here i>rinted from the original Ijill.

The arts of the first session were duly certified for transmission, September, 29,
17.59. They were read in the Board of Trade January 22, 17(10, delivered to the
clerk of the Privy Council, in waiting, February 4, and referred to the committee,
of the Council, on ])lantation affairs February (i. The Committee took them into
consideration February 20, and referred tliem back to the Board of Trade where
they were read Marc'h 11, 17U0, and " referred to Sir M. Lamb for his opinion there-
upon in point of Law." On tiie same day the acts of the second session were laid
hefore tlio Board, wliere they were read and ordered to !>e " (lcliv(!red to the dork
of the Privy Council, in waiting, to be laid before His Majesty." Th(;y were
received Ijy the clerk of the Council March l.">, and immediately referred to the
committee, of tlie Council, on plantation affairs, who, on the same day, took them
into consideration and referred tliem ba<'k to the Board of Trade to examine and
report &c. They seem not to have reached the Board under this reference until
March 17, and were there read on the twenty-first.

Tlie acts of the third, fourth and fifth sessions were certified for transmission,
May 30, ]7(>0, delivered to tha clerk of the Privy Council, in waiting, July 2.5. and,
on the 12th of August, referred to the committee, of tlie Privy Council, on planta-
tion affairs. On August 28, they were taken into consideration by the committee
and referred to the Board of Trade to examine and report &<■. The Board of
Trade, on the nineteenth of November took up these acts and the order referring
them, and ordered that such of them as had " not ex]iired by their own Limitation,
he referred to Sir JNIatthew Lamb for his opinion thereupon in point of Law." Sir
Matthew Lamb's report is dated January 12, 17(il, and concludes that, ujion jierusal
and consideration of chapters 15, 18, 19, 20, 21,23, 24, 20, 28, 29, .30, 31, 32, 33, M, 38
and '■>'.>, (chapters 10, 17, 22, 25, 27, 35, .30, 37 and 40 having expired by their own lim-
itation) he liad " no objections thereto in point of law."

This report and the acts to which it related were taken into consideration by the
Board April 17, 1701, when it was ordered that a draught of a letter to the Gov-
ernor bo jirejiared " expressing the Board's dissatisfaction at the practice which li;is
of late so inucli prevailed in that Province, of raising Money for tempory and
inconsiderable Services by Lottery," (See note to chap. 35, post.) and also that
chapter 20 he farther considered as shown in the note to that chapter po«f.

Chap. 1. " April 24, 1700. In the House of Representatives Voted, that the sum
of Two hundred pounds be granted and paid out of the Publick Treasury to his
Excellency tlui Governor in consideration of his Services in the (Jovernmeiit hith-
erto, and for bis better accommodation in hi.s passage to Great Britain.

In CouiiiH Kead and Concurred Consented to by the Governor." — Cou7iril Rec-
ord.^, vol. XXII I., p. 300.

Cluip. 2. "Oct. 18, 17.59. A Petition of Gershoiu Crane and Others Selectmen of
Berkley Setting forth the low and poor circumstances of said Town and Praying
for tli(^ Keniittaiice of a Fine of Ten pound laid upon tlicin by the House of Repre-
sentatives at their Session in May last for not sending a person to represent them in
Court.

In the House of Representatives. Read and Ordered That the P*rayer of this
Petition ho granted, and that the Fine ahovo mentioned for not sending a Repre-
8(^ntative. be remitted accordingly.

In Oouneil. Head and Concurred. Consented to by the Governor." — Council
Rrrtmis, vol. X\IlI.,p. 103.

"Feb. 2, 170(1. A Petition of Amos Whitney and Others Selectmen of Towns-
hend Setting forth the smallness and jioverty o^ said Town which occasioneil their
not sending a Uepresentative to the Great and General Court. And Praying that
the Fine laid upon them for siicli Neglect may be remitted. "

In the House of Ilei)resenfatives. Kead and Ordered That the Fine ahovemen-
tioiieil be ri'iiiitti'd, and th.it tlie Sum of Ten pounds ho allowed and paid out of
the Publick Treasury !ieconliiigly.

Ill ('oiiiieil. Read and ("oiii-iirred. Consented to hy the Governor " — Ihiil, p. 243.

" Fell. 7, 1700. To Amos Whitney aii<l otliers Selectmen of Townshend the sum
of of Ten ])ouiids a Remittanee of a fine for not sending a Representative to the
Great and General Court this present Year." — KxeciUivo Records of the Council, vol.
4, p. 17.5.

" Feb. 9, 1700. .V Petition of Moses Farnuin and others of the People called
Quakers— Setting forth. That the sums Assessetl on them in eoiise(iuen<'e of a Law
r)f tli(! Province for hiring men to go into tin* Service the hist Year e.xceed the sums
tli;it were actually disbursed on that .\ccount. .Viid Praying Relief.

Ill the House of Representatives. Ordered That the i'etitioners serve the several
Captains therein named with conies of this Petition that they make Anssver to the
Arlielcs Alledged against them in said Petition on the first Friday of the next .Sit-
ting of this Court; and that the constables or (.'ollectors to whom the several Lista

[XoTES.] Province Laws. — IToO-GO.

in wliicli the Quakers referred to in the Petition are ineluded, ho directed to make
no distress on such Quakers 'till the further Order of this Court.

In Couucil Read and Concurred Consented to." — t'otincil Records, vol. XXIII.,
p. 2(^.

"Feb. 12, 17()0. A Petition of Jonathan Whitcouih and others Selectmen of
Littleton— Setting forth — That in April last one Cornelius Thayer of Boston came
to dwell with one Simon Tuttle of Littleton as an Apprcntire/tliat the Selectmen
Supposing him to be of Age rated him for his Poll, hut afterwards finding him to
be under Age, and a Servant to said Tuttle tlwy erased tlie said Servants name,
and added his Poll Tax to his said Masters Rate, And Although this wa.s (lone
without Suspecting themselves of doing M'rong, yet as some illminded Persons
would take Advantage hereof, and refuse paying their own Tax as supjiosing the
whole Rate made void by this Alteration Praying that the same may be Confirmed
by this Court.

In the House of Representatives Read and Ordered That the Prayer of the Peti-
tion be so far grantetl as that the Tax Bill with the Alteration numtioiUMl shall be
valid to all Intents and Purposes. And the Constable is hereby impowered to col-
lect the Rates accordingly.

In Council Read and Concurred Consented to by the Governor.

In the House of Rei)resentatives Whereas a Tax was laid on the Quakers in the
Several Towns within this Province in the year ITjI) in order to raise the Quota of
Men to go into the General Service: and said Tax much exc(!eds the sum drawn
out of the Publick Treasury for said use Comjilaint also being made by some of the
^Members of the Towns in this I'roviuce of the burthen lalling oufiiciii inconse-
quence of said Tax. Therefore Voted That the Constables or Collectors in such
Towns be directed to make no distress on the Quakers in said Town for the Tax so
laid 'till the next Sitting of this Court.

In Council Read antl Concurred Consented to by the Governor." — Ibid., p. 2G9.

" March 21, ITliO. A Petition of Moses Farnum and Samuel Aldrich of Uxbridge
Praying as entered the !)"' Febrtuiry last. In Council Read again together with
the Answer of Cai)' I'hineas Lovet, and Onhn-ed That William Brattle and Ic.ha-
bod Plaisted Esq''* with such as the honourable House shall join be a Committee to
take the same under Consideration as soon as may be, hear the Parties and re]>ort.

In the House of Rejiresentatives Read and Concurred and. Cap' Uvermore,
Major Stockbridge and ^M"" Tyler are joined in the Affair."— 76/t?., p. 283.

"March 28, ITciO. In the House of Representatives. On a Motion mad(i and
seconded Ordered That the sevei-al Collectors in the Town of Boston for the
Province Tax the Year past, bo directed not to distrein for the sums due from any
of the Persons whose Dwellings were Consumed in the late terrible Fire, and sucli
others as have lost all or most of their Substance by said Fire until the next sitting
of this Court And in the mean time the Selectmen of Boston be directed to make
an Estimate of the Losses Sustained by said Persons as near as maj^ be and lay the
same before this Court at that time.

In Council Read and Concurred Consented to by the Governor." — Ibid., p. 320.

"March 29, ITlJO. In the House of Representatives. Whereas there is added to
the last Province Tax Act for the County of Bristol the sum of £loS!> 1.'! 4 said
to be drawn out of the Province Treasury to hire Men in lieu of Quakers for the late
Exjiedition against Canada and it Appears to this Court that no more than the sum
pf £4'.t7 G 4 was actually paid by the Treasurer— Therefore Voted That £0G1 13 4
be allowed and paid out of the Province Treasury for the respective Towns fol-
lowing viz'

Dartmouth £555 0 8

Taunton 8 18 4

Swanzey 80 5

Freetown 17 10

£GG1 13 4
Arid the" sums hereby granted be abated to the several Persons in the respective
Towns that have been Assessed, as the Selectmen or Assessors shall think proper
and that the residuary sum of Two hundred thirty pounds fotirteen shillings be
appropriated to the uses following viz' Twenty eight pounds for satisfying a de-
mand which Cap' Ebenezer Willis of Dartmouth hath against the Quakers for
having hired Men into the Publick Service in their stead: and that the sum of
£202 14 rest in the Treasury for the further order of the Goverment, being the
sum the saitl Quakers stand chargeably with for having fell short of their proper
Quota of Men raised for the Service A: JD 1759.

In Council P^cad and Concurred Consented to by the Governor." — Ibid., p. 322.

"April 24, 17(i0. In the House of Representatives Resolved that the Assess-
ments in the Town of Dartmouth as made by the Assessors of said Town for
the Year 1759 with the abatement of the Quakers proportion for hiring Men for the
Service in lieu of Quakers agreeable to a late order of this Court be, and they
are hereby ratified and confirmed, Notwithstanding they were made by the Assess-
ors for the Year 1759 after Assessors were Chosen for said Town in the Year 1760.
And the several Constables in said Town for the. Year 1759, to whom said Assess-
ments were committed to collect are hereby fully impowered to collect the same,
and shall be held to account with the respective Treasurers agreeable to their
respective Warrants any sujiposed defect in said Asse.ssraents Notwithstanding.

In Council Read and Concurred Consented to V\v the Governor." — Ibid., p. :5(iO.

"June 20. 17G0. In Council Ordered that the'Petition of Samuel Aldrich. and
Moses Farnum of Uxbridge, Praying as entered the 9"' of February last be revived,
and that William Brattle, and Ichabod Plaustead Esquires with such as the Hon'''*

338 Pr.ovrN'CE Lxvrs. — 1759-60. [Notes.]

Houso sliall join, lie a Committee to take the same under consideration, hear the
Parties, and reiiort as suoii as may be.

In tlie House of Representatives ; Red^il and Nouconcurred, and Ordered that
the Petition be dismissed. Consented to by th(! Lieu' Governor."— 7/)(V?., p. 470.

*' Dec. -II, 17()0. A Petition of Hezekiah Hall of Uxbridge in the County of
"Worcester— Setting forth, that he was chosen Constable of said Town, in the Year
]75!i, and was duly sworne to Collect the Rates and Taxes committed to him, that
there was included in the List of Assessments delivered, a number of Quakers
luhabitants of said Town, whose Taxes amounted to Fifty seven pounds three
shillings and nine pence. Tliat the (Jreat and General Court at their Scissions in
Feliruary last were pleased to order that the Constables or Collectors, to whom the
several Lists in which, the Quakers (r(!ferred to in a certain Petition then before
the Court) were included, be directed to make no Distress on such Quakers, till
the further order of the said Court— That your Petitioner looked upon himself
Obliged to conform to the said Order, and deferred distraining upon the said Per-
sons, until the further Order of this HonW'^ Court, that he ap|irehended the Treas-
urer would be restrained from issuing his Execution agaiust liiiu, for the sums due
from the saiil Persons, as he has paid him more than the full of the other Assess-
ments—Notwithstanding which the Province Treasurer has issued an Execution,
against your Petitioner for a less sum than is the said Quakers l'ro])ortion of the
Tax committed to him to collect, while he is prohibited from demanding the same
of them, and the same Execution was last Monday served upon your Petitioner by
one Moor a Dejiuty Sherili tor the County of Y>\)rcester, who rcfuse<l giving him
an opj)crtunity to apply to this lion''''^ Court for Redress without paying hinr his
Fees for servitig the same, Amounting to thirty live shillings your Petitioner
accordingly paitl him that sum, aud engaged to meet him at a certain day to jiay
the Amount of saiil Execution unless relieved l)y this Court— Prayiug that he niay
be released from said Arrest, and that the Treasurer may be Ordered to withdraw
said Execution, and pay him the said sum of Thirty live shillings, aud the other
Charges he has be(!n at, in this Affair, or bo otherwise relieved.

In the Mouse of Representatives ; P^ead and Ordered that IVI'" Lancaster, Cap'
Livermore and Colo Williams, with such as the li(>noural)l(! Board shall join, be a
Coinmitt<!e to take this Petition under consideration, and report what they judge
proper to do thereon,

In Council; Read and Concurred, and Samuel AVatts and Benjamin Lincoln
Esq" are joined in the Affair."— //>/(?., p. 515.

"Dec. 1^7, 17<iO. A Petition of Nathan Nye, aud John Sherman Constables of
Rochester, representing the difficulties they Ial)onr under with respect to the Tax
laid upon one John Sherman a Quaker— Praying the direction of this Court there-
upon.

In the House of Representatives; Read and Ordered that the Prayer of this Peti-
tion be so far granted as that the Treasurer be dir(!Cted to stay Execution against
.John Sherman, for the four pounds, nineteen shillings, and three pence, till the
further Order of this Court. In Council Head and Concurred Consented to by the
Governor." — Ihid., p. 5.!(i.

" Dec. 27, 17(K). On the P(!titi(m of Samuel Aldrich and Moses Farnum jun' of
Uxbriilge Quakers— as entered th(^ !)"> day of February 17(iO.

In Coinicil; Read again and Or(l<'red that this Petition be revived, and upon fur-
ther consideration had tluTcon, Onh'red that tlie same b(> dismissed. ^

In the House of Representatives; Read aud Concurred." — Ihiil., p. 5.>S.

"Dee. ;il, 17(>0. A Petiticni of Elisha Adams, Ileitresiuitative for the Town of
Mcdway, in behalf of said Town— Setting forth that in the Year I",')'.!, tlie General
Court in tlu; May Scissions imposed a V'ww of Twenty poun<ls, on said Town for not
Bending a Person to repres(!nt said Town, the same Year Praying for the reasons in
said P(!tition mentioned that the Fine so imposed may In; remitted.

In the House of Kepresentatives: Read and Onhi'cd that the Prayer of this Peti-
tion be granted, and the Treasurer is directed to |iav the Rciiresentative ot Mcd-
way, the sura of 'J'wcnty )K>unds, for the use of said Town accordingly.

In Council Read and Coucurrccl Consented to by the Governor." — lliiiL, ]>. 544.

"Jan. -, 17i)l. A IV^titiou of l'>.ra Taylor of Southborough, in the County of
WoHM'Ster, in behalf of said Town— s<'tling forth that iu tin? Year 17.">!i, there w;is a
fme of Twenty pounds laid on saiil Town for not sending a Representative, and
that the Vhw. was as large as w;is laid on any Town in the Province- Praying the
said Fine may be remitted.

1\\ the House of R<presentalives; Read and iu .\nswer Ordered, that the Trea.s-
urcr be directed to pay the Petitioner the sum of Ten lumnds, out t)f the Trea.sury,
for the us(> of the said Town.

Ill Council Read and I'onctirred ronsented to by the Governor." — Thhl., p. .Wl.

"Jan. (i, 17(il. A Petition of Solomon Wood, Representative for the Town of
Uxbridgo— Setting forth that, said Town was Fined liftecn ixmnds in the Y«'ar 17."(".t,
for not sending a Representative, that they are a very small Town &(;"». I'raying
Siiid Fiiu) may lie: remitted.

In the House of ReprcS(>ntatives; Read and in Answer Ordered that the sum of'
Eight pounds, be allowed to b(> )i;iid out of the Publick Treasury to Captain Wooil,
for the use of saiil Town of Uxbriilge,

III (Joinicil; R(Mil and Concurred Consented to by the Governor." — Ihiii., p. Ht'ti.

"Jan. hi, I7(;i. The Com'"' on the Petition of Hezekiah Hall liud that upon the
TVtitifm of Samuel Aldrich and others culled (Quakers this Honourable Court
passed an Order that the nliovementioneil Petitioner should not proceed to Collect
RTiy Moneys laid on the (^hiakers for (lie procuring Men to go in his Majesty's Ser-
vice which Petition has since been dismi.s.sed.

[XoTES.] Province La^s.— 17o9-G0. 339

The Committee are therefore humhly of Opinion that an Order now pass direct-
ing and Iiupoweriug tiie said Heztkiah to Compleat his Collections on the Quakers,
any former order of this Court to the Contrary Notwithstanding, and upon bis pay-
ing in the Moneys to the I'rovince Treasurer ho bo allowed the sura of thirty live
sliillings mentioned in the Petition.

All which is humbly submitted

Samuef, Watts ^ order

In Council Read and Accepted: and Ordered That the Petitioner Hezekiah Hall,
a Constable of tho Town of Uxbrid-jjo in the Year 175'.i, bo and lio hereby is directetl
and iinpowered to compleat the Collection of tho suras Assessed on the Quakers in
said Town any former Order of this Court to the Contrary Notwithstanding, and
that upon his jiaying in the money to the Province Treasurer, lie be allowed the
sum of thirty live shillings charges he has been at in the Affair.

In the House of Rt-presentatives ; Read and Concurred Consented to by the
Governor." — Ibid., p. W-'>.

" Jan. 19, 17G1. A I'etition of Solomon Wood, in behalf of Joseph Taft Constable
of Uxbridgc, and Joseph Benson Constable of IMendon Setting forth that the said
Constables liad the Quakers Rates in tho Year 175it. Comraittod to them to Collect;
that by an Order of this Court they were stayed from Collecting the same, tliat the
Province Treasurer has issued an Execution against them tor said Taxes— Praying
Relief.

In the House of Representatives; The House taking into consideration the fore-
going Petition, Voted that Josiali Taft Constable of Uxbridge, and Joseph Benson
Constable of Mcndou be directed and Impowered to proceed in Collecting the
several Taxes in their several lists laid on the Quakers for Levying Soldiers for his
Majesty's Service in the Y'ear 175'.', Notwithstanding any former Orders of this
Court to the Contrary and that the Treasurer be directed to allow tho said Consta-
bles their Costs of the Executions which have been levied upon thom by the Treas-
urer.

In Council Read and Concurred Consented to by the Governor."— 76«c7., p. Gil.

" April 17, 17(J1. A Petition of Silvanus Wing of Hanoever of tho People called
Quakers Setting forth. That he hath during the War never scrupled doing his pro-
portion to the support thereof. That his Father and one of his sons have gone in
Person, and another son went ahand in a Transport Vessel and was taken by the
Enemy, and afterwards put on board one of his Majesty's Shijis of War and is still
held in the Service Notwithstanding whicli he is by force of a late Law assessed
£ 13 2 4 and another of his sons £ 2 1 i 1 And Praying Relief.

In tho House of Representatives, Read and Voted That the Prayer of this Peti-
tion be so far granted as that the Town of Hanover be, and is hereby ordered
exclusive of Quakers to pay unto the Petitioner Silvanus Wing the sum of thirteen
pounds two shillings and four jience being what ho is assessed in the Assessment
raontioned in his I'etition.

In Council Read and Concurred Consented to by the Governor."— Ibid., p. 745.

'• April 20, 17U1. In the House of Representatives; Voted that the consideration
of the Petitions of Moses Farnum and Samuel Aldridge be referred till the next
May Session, and all Actions and proceedings relative to said Petitions are stayed
in lihe meanstime.

In Council Read and Concurred Consented to by the Governor."- Z6(cZ., p. 7G2.

" Nov. 28. 17(31. A Petition of Josei)h Benson of Mendon— Setting forth That in
the Year 175'.i he was chosen Constable and had committed to him a rate or Tax to
collect amounting to £102 — assessed upon the People called Quakers in the said
Town, that soon after the Tax was committed to him, he received directions from
the General Court not to proceed in collecting the said Tax until further order;
that when he had received such further order ho proceeded to collecting the money,
and did accordingly receive the same; excepting as- follows viz' of Benjamin
Thayer £l-'.;-5 of Job Hardy £1-7-5 of Pamuel Basset l:;/8, of Daniel Southwick
£l-'.^5 of Benjamin Cook £1-7-5 and Daniel Cook £1-7-5, That in the interval of
the two orders aforesaid, Benjamin Thayer died leaving no Estate, and Job Hardy
and Daniel Southwick quitted the Province leaving no Estate, no have the two
Cooks or Basset any Estate whereon to levy the Tax, And Praying that he may
be acquitted of the several sums before mentioned.

In tho House of Representatives Read and Voted That the sum of 29/5 the tax
laid on Benjamin Thayer and the sum of 27/5 the Tax laid on Job Hardy in tho
whole two pounds, sixteen shillings atid ten pence be allowed and paid out of the
Province Treasury to the Petitioner Joseph Benson, and that said sura be paid to
M'^ Natlianael Nelson for the use of the Petitioner.

In Council Read and Concurred Consented to by the Governor."— J^/t?., vol.
XXIV.. p. HAi.

*' Feb. 9, 17G2. A Petition of the Town of Topsfield by their Agent John Gould,
Praying that the Fine of Ten pounds laid on them bj' tho House of Representatives
the la.st Year* for not sending a Representative to tho Great and General Court
tiien sitting may be remitted; their not senfiing being occasioned by the great
expcnce they were at in Building a New Meeting House and in laying out a Publio
Ro.ad in said Town.

In the House of Rej^resentatives Read and Ordered That this Petition be revived,

and the Prayer tliereof be granted; and that the sura of Ten pounds be granted

on: of the Public Trea.sury to the Petitioner for the use of .said Town accordingly.

f n Council Read anil (^meurred Consented to by tho Governor."- 76id., p. ■24(!.

•June 5, 17{i2. A Petition of Jacob Cooper of Stockbridgc— Setting forth That

• 1759-60.

340 Provtxce Laws. — 1759-60. [Notes.]

He was chosen ConstaTile in the said Town for the Year 1750, and had the Province
Rate for that Year committed to him to collect; but never received any Warrant
from the Treasurer to enal)lo him to collect the same: that he proceeded however
to collect a part of the said Tax which has been paid to the TreasuriT, and % part
he could not collect for want of a Warrant; yet Execution is issued against him for
the said Kates, And Praying that either the Force of said Execution may be pre-
vented, or that he may be enabh^d to collect the said Rates.

In the House of Representatives Resolved That the Treasurer be directed to
give his Warrant to the Petitioner to enable him to collect the Tax, and that Exe-
cution be stayed four Months — In Council Read and Concurred Consented to by
the Governor." — Ibid., p. 407.

See, also, note to 1761-62, chapter 17.

Chap. 4. " June 9, 1750. A Petition of Jonas Iloulton Agent for the District of
New Salem in tlie County of Hampshire— Setting forth That the last Winter they
had a Country Road laid through said District of about eight Miles in length, and
four rods wide. Tliat said District is yet in its Infancy, and lal)Our under great
burdens in supjiorting their Minister, and musj; be at great Charge in making said
Road. And praying there may be a Tax of one peny ^^ Acre laid on the unim-
proved Lauds of the Non resident ijroprietors of said District for tlie term of
three years to enable them to dcfrey said Charges.

In the House of Representatives Read and Ordered That the Petitioner notify
the Non resident proprietors of the District within mentioned with a Copy of this
Petition l)y inserting the substance tliereof in one of the Boston News Letters
three weeks sitccessively, that so they shew cause (if any they have) on the second
Thursday of the next Sitting of this Court why the Prayer thereof should not be
granted.

In Council. Read and Concurred." — Council Records, vol. XXIIL, p. ."50.

" Jan. 5, 17()0. A Petition of Jonas Houlton as entered the 0"> of June last;

In Council Read again with the Answer of the Non Resident Proprietors of the
District of New Salem. And Ordered That Benjamin Lincoln and William Brat-
tle Es(i" with Such as the honourable House shall appoint be a Committee; to take
this Petition and Answer under Consideration, and report what they judge iiroper
for this Court to do thereon.

In the House of Representatives. Read and Concurred and Major Hartwell, M'
Day and M"" Temple are joined in the Affair." — Ibid., p. 150.

" Feh. 0, 17(10. The Committee appointed the S'l^ January on the Petition of Joseph
Iloulton Agent for the District of New Salem presented their Report (Signed)

Bi:nj' I^incolx iy ord(>r.
And thereupon In Council Resolved That the whole of the nnim]iroved lands in
the District of New Salem be taxed at one farthing 4F Acre for four Years next
ensuing, the money raised thereby to be applied for the making and repairing the
High ways in said District, and for no other purpose whatsoever. And the Clerk
of said IJistrict is hereby directed to transmit Yearly and every Year to some one
of tiie I'rincijial Non Resident Proprietors an Exact Account of the sum raiseil
and of the Application thereof, And Also to transmit as aforesaid within Six
months Jiext ensuing an Account of the Application of the last Tax, granted by
said Proprietors

In the House of Representatives Read and Concurred Consented to by the Gov-
ernor."—/6id., p. 264.

Chap. 5. " Oct. 5, 1759. A Petition of Joseiih Ilolden and Others, Inhabitants of
a New Plantation called N" 2. Praying that they may be incorporated into a Town
or District, and that they may bo freed from the Province Tax this year in case
they sliall be tlius incorporated. Also Praying That the Lands of the NtJiiresident
Proprietors may be subjected to a Tax for seven yi-ars next ensuing towards the
Support of the Gospel, and laying out and clearing Roads in said Plantation.

In the Hous(! of Representatives. Read and Ordered That the I'etitioners serve
the Non-resi<lent Proprietors of the Plantation above-mentioned with a copy of this
Petition by inserting the Substance thereof in one of the Boston News Papers
three weeks successively, that so they may slusw cause if any they have on the
second Wednesday of the next Sitting of this Court why the Prayer thereof should
not be granted.

In (Council. Read and Concurred. Consented to by the Governor." — Coiini'il
Rr.urth, vul. XXIII., p. &i.

".Ian. 9, 17(i(l. A I'elilion of a Nund)er of Inhabitants of Narragansett N" 2.
Praying as entered the 5"' of October last.

In C'ouncil I'ead again with th(> Answer of the Non Resident Proprietors. .\nd
Ordered That JJenj" Lynde and Itenjamin Lincoln Ksq" with Such as the JKmoin-
uble House shall join bo a Connnittee to take the same under considerati(Ui, and
reiiort what they judge proper for this Court to tlo thereon.

Ill the House of Kepresenlatives. IJcad ami ('oncurreil and M' Russell, Col"
Wiiitcomb and Capl" Kead are joined in the AlTair." — Ibid., p. 15.S.

" l''il>. s, I7<i(». The ("oimiiittee appointed the '.i"> of January last on the Petition
of a Niiinlierof the I nhabitants of Narraganst-t N" 2 Praying as entered the 5"' of
October pnicending made Report. (Signed)

Bi;v.T* LvM>K \l' order of th(> Com'*'".

In Council Rea<l nnd .\ecopteil and Ordered That there bo n Tax of one half
penny i\'' Aero laid on the lands of the non resident Proprietors of the District of
\Vcst Minster, as also n|i(.n a Tract of .">oo A<rcs laid out to the late Governor
Belcher included in th(; bounds of said District, the moiii^y .so raised to be applied

[Notes.]

I'uoviiici': Laws. — 1760-GO.

3-11

towards dofroyiiif; iniiiist<'rial Cliarcr<'3 in said District ami that tlio Tnliabitants
tlmreof be Authorized and iiii|io\vcrc(l to Appoint Assessors and Colieetors of sai<l
Tax wlio aro licrohy Vested with the lil<o I'ower as otlier Assessors anil Collectors,
and aro to govern tlioinselvos aecoriling to Law iu discharge of the duties of said
Ortices.

In tho Ifouso of Rei>resentatives Read aud Concurred. Consented to by the
Governor." — Ibid., p. "J.'iS.

"Jun(! l'>, ITiiO. In Council, Whereas an Ordor passed tho Great and General
Court, on tho H"' of Fi'hruary last, laying a Tax of one half ])enny 4P| Acre, on tho
Lanils of the Non llesident rmiirietors of the District of West Minster, as also
upon a Tract of ."i<K), Acres laid out to the late Governor Belcher, includiul in the
hounds of said District. —

llesoived, that sai<l Tax of on(! half penny if.' Acre he Assessed on tho Lands
aforesaid for tluj Term fif four Yi^ars, next ensuing Viz' One half penny ^p" Acre
ifp" Annum during said Term Agreeable to the lleiiort then n]ad(! by a (Jotnniittce
of said Court, and to be raised and applyed, in manner as directed in said Onler.

In tho IIouso of llepres(Mitatives Head and Concurred Consented to by by the
Lieutenant Governor." — IhiiL, ;/. 4;iS.

"Nov. IS, ITlil. A Petirion of .Toseph Miller and a number of others. Inhabit-
ants of Westminster, Settling forth. That b<;ing incorporated into a District in
1750, They have ever since proceeded to call their Meetings by posting n[) Notilica-
tions at the Meeting house instead of directing a Warrant with a S(!al allixed to
the Constable; that this method tho' irregular hath never occasioned any diHiculty
among them, saving that in September last being in like manner notilied to Assem-
ble in order to pass upon a \'ote of the Church calling M"" Pt;ter Thachcr Smith to
tho Gospel Ministry in saiil District, which Vote of the Church was then unani-
mously concurred, but three of the Inhabitants entered their dissent, on account of
tho Meetings not being legally warned. And Praj"ing that their said Meetings may
bo established.

In the House of Representatives Voted That the Prayer of this Petition be so
far granted as that the Votes passed by the District of Westminster at their several
Meetings since November 14: 17.J'.) be and hereby arc confirmed as good and valid
in law Notwithstanding the sundry defects in the method of calling them as men-
tioned in said Petition. Provided said Meetings have been otherwise legal.

In Council Read and Nonconcurred. And Ordered That the Petitioners notify
the Town o'f Westminster by serving the Town Clerk with a copy of this Petition
that the said Town or any' Persons aggrieved therein; shew cause (if any they
have) on the second Wednesday of the next Sitting of this Court why the Prayer
thereof should not be granted. In the House of Representatives Read and Con-
curred."—J6/VZ., vol. XXIV., p. ion.

" Jan. 22, 1762. A Petition of a Number of Inhabitants of Westminster, Praying
a.s entered the IS'i^ of Noveml)er last.

In Council Ordered That the foregoing Petition be revived, and that the Prayer
thereof be so far granted as that the Votes & Proceedings of the Inhabitants of the
District of Westminster at their several Meetings since November 14"> 175'.' be, and
they are hereby confirmed and shall be deemed valid in Law, the defects in tho
manner of calling them (in said Petition mentioned) Notwithstanding, Provided
such Votes & Proceedings have been otherwise agreeable to Law. In the House
of Representatives; Read and Concurred Consented to by the Governor."— iix'cZ.,
/). 19:5.

" June 5, 17G2. A Petition of a number of the Nonresident Proprietors of the
District of Westminster, — Setting forth — That they have been at great expence in
bringing forward tho Settlement of the said place, and that not long since on the
Petition of a number of the Inhabitants to the General Court there was a tax of one
half pony an Acre laid upon the Lands of the Nonresidents for four Years, and it
was then agreed that they should b(! then exempt from any further burdens, not-
withstanding which a Proprietors Meeting was called and the Residents being a
Majority, or near it, they laid a Tax of nine shillings or thereabouts on each Right,
which the Petitioners ajiprehcnding to be contrary to the Agreement made before
the General Courts Com'^"-" they have declined paying: and their Lands are put upon
Sale for the payment of the said Tax. And Praying Relief

In the House of Representatives Read and Ordered That the Petitioners notify
the Resident Proprietors of the within named District, of this Petition by leaving a
copy thereof with tlie Proprietors Clerk that they make answer thereto (if they see
cause) on the second Wcilnesday of the next Sitting of this Court; and that all
Proceedings of the Proprietors Committee respecting the Sale of the Lands men-
tioned be stayed till the further order of this Court. In Council Read and Con-
curred Consented to by the Governor." — Ibid., p. 4(M).

" Sep. 1(), 17f)2. A Petition of a Number of the Nonresident Projirietors of West-
minster, complaining of thinr Lands being Sold for the payment of Taxes; and
praying Relief as entered the .5"^ June last.

In Council Ordered Tliat the further consideration of this Petition be referred to
the second Wednesday of the next Sitting of this Court; and that all ]irocce<lings
of the Proprietors Committee respecting the Sale of tin; Lands mentioned be stayed
'till the further Order of this Court. In the Hotise of Representatives Read and
Concurred Consented to by the Governor." — Ibid., p. 47.'>.

" Jan. 20, ]7<i:>. A Petition of Hezekiah Gates and others Proprietors of the Dis-
trict of Westminster, Praying that the jiroceedings of their Committee iu the Sale
of Lan<ls for the Nonjiayment of Taxes may be stayed for the rea-sous therein men-
tioned as entered 5"> June last.

In Council Read again together with the Answer of the Besident Proprietors of

342 Pr.ovi^CE Laws.— 1759-GO. [Notes.]

Westminster: Ami Onloretl That James Otis & Xath' Ropes Esq" with such as
the honourable House sliall join be a Committee to take the Petition and answer
under consideration and report. In the House of Representati%-e3 Read and Con-
curred and M"" Paine, Cap' Brooks and Cap' Foster of Brookfield are joined in the
Aflfair."-/6/(/, p. 500.

"Jan. 2!i, ITiiii The Committee appointed the 20"> Instant on the Petition of
Hezekiah Gates and Others Proprietors of Westminster, having made Report, the
following Order passed thereon —

In Council Road and Accepted And Ordered That the Tax of nine shillings or
tliereabouts on each Nonre.sideut Proprietors Right in the District of Westminster
as mentioned in the Petition of Hezekiah Gates and Others Nonresident Proprietors
of the said District be set aside as unreasonable: and that all proceedings in the
levying the same be wholly stayed — In the House of Representatives; Read and
Concurred Consented to by' the Governor." — Ibid., p. 5m.

Chap. G. " Feb. 8, 1759. A Petition of Benj* Houghton and Others Projirietors
and Inhabitants of sundry Farms contiguous to Rutland East Wing so called, and
also Proprietors of said Wing, Setting forth That the said Farms and Eastwing
together do not contain six miles square: that they are capable of making a good
Township united; butare not seperately able to iierform the duties requisite in such
case. And praying that they may be incorporated as a Town accordinglj'.

In the House of Representatives Read and Ordered That the Petitioners serve
the Proprietors and Inhal)itants of the East Wing of Rutland (so called Non Peti-
tioners) with a Coi>y of this Petition by inserting the subslauije thereof in one of
tiie Boston News Papers thr(;e weeks successively; that so they shew cause (if any
they have) on the second Thursday <>f th(! next Sitting of this Court wliy the Prayer
thereof should not be granted. In Council Read and Concurred. Consented to by
the Governor." — Vouncil TZecorJ.s, col. XXII., p. 55o.

" June 8, 1750. A Petition of the Propriet(U-3 and Inhabitants of sunilry Farms
lying between Lancaster and Narraganset N" 2. and contiguous to Rutland East
Wing so called —Praying as entered 7 Feb>' last to be erected into a distinct Town-
ship.

In Council. Read again fog(>ther with the Answer of the Inhabitants and Proprie-
tors of the East Wing of Rutland and Ordered That Samuel Watts and Benj" Lin-
coln Esq"^ with Such as the liononral)le 1I()US(' shall appoint be a Committee to take
the same under consideration, hear the Parties and report what they judge projicr
to be done thereon.

In tlie House of Rei>resentatives. Read and Concurred and Col" Lawrence, Col°
Gerrish and Col" Whitcoinbe are joined in the Affair." — Ibid., vol. XXIII., p. 24.

" .Tune 0, 17.")0. The Committee apjiointed yesterday to consider the Petition of
the Proprietors or Inhabitants of certain Farms between Lancaster and Narraganset
N''2. contiguous to Rutland East Wing madi; r^'jiort that th(>y had heard the I'arties
for and against thi^ Petition, and W(!re of Oi'inion That in order to liave a clear
understanding of the sundry things mentioned in saiil I'etition a Committee be
appointed and sent by this Court to veiw the Farms and the East Wing abovemen-
tioncd and report to this Court. The Charge of this Committee to be borne as this
Court shall hercaftm- order. (Signed) Sam"- W.\tts ^J--" Order.

In (Council. Read and Ordered That this Kejwrt be accepted and that Gamaliel
Bradford Esq with Such as the honourable House shall ajipoint be a Committee for
the pur[)f)ses tlien'iu Tueiitioned

Iti the House of Re])ri"sentatives. Read and Concurred an<l IM'' Witt and Col"
Gerrish are joined in th(! .\i'f;ur."—Ibid., p. '.U.

"Oct. 11, 1750. The Committee appointed tlie 10 June last on the Petition of
sundry Proprietors and Inhabitants of Land in and near Rutland — Reported That
they liad repaired ti> the Land mentioned in said Petition veiwed the same an<l
heard the I'arties atid were of Opinion that the prayer of the Petition be granted,
an<l that the said Farms together with said ICast wing ln> incorporated into a seperate
District agreeable to a Plan aeeonqianyiiig said Petition; and that the Petitioners
ha\e lilierty to brinij in a I'.ill accordingly

In Council. Keail and .Vceepted. .Vn<l Resol\e<l that the Petitioners havo
liberty to bring in a 15111 accordingly for ineoriioratiug the Lands mentioned in said
Petition into a Oislrict agreeable to a Plan accomiianying said Petition. And that
Cap" Richardson Ix- directed to bring in the Bill.

In the House of nepri'seutatives. It(>ad and Concurred." — Ibid., p. 80.

"June I, 17<>0. A Petition of the Inhabitants and Proprietors of the District of
Prince Town, setting forth that the Charjies arising in maintaining the Preaching of
tin; Gospel among them. Inkjet h<r with the Building a meeting IIoiis<>, SeiH.ng a
minister, and makiii;; Loads, will be attended with great exnence— Praying a Tax
may be laid on all the Lands within tin- said 1 )istrict, for defrcying ijie Charges
aforesaid, of four pence || ' Acre, for the lirst Year, three pence (/ ' .\cre for llu« si!c-
oihI Year, and two pence for the future, so long as said Court shall tliink proper.

In the House of Rei>re.sentalives, Read and Ordered tliat the Petitioners servo
the non resid(Mit I'roprietors, as also the Resident. Proprietors, non Petitioners of
said District, with a Copy of this Petition, by inserting tlu; substance thereof in
two of tli(! Boston Monday's News Papers, three Weeks Successively That so they
shew Cause if any they have on the Second Wednesday of the next .Sitting of this
Court, why tlu- Prayer thereof .sliould not be granted.

In Council Read and ( 'oiicurred." — /6/(/., /). Itio.

"June 12, 17('>(>. In the Hons<> of Representatives. Whereas part of the Town
of Briniliehi, in the Comity of llamoshire, hath latly been <-reet(Ml into a seperato
District, by the name of Monson and that part of Rutland called the Eiisi Wing, in

[NoTKS.] PiiuviNcio Laws.— ITiJO-GO. 343

the County of Worcester with Smidry Farms Contii;iious thereto hatVi heen erected
into a District, hy the Name of I'rinco Town, notwithstanding which the said
Towns of DriniHo'id and Ivntland aro Assessed in full rroiiurlion, to their former
Taxes, Therefore Voted, That the Assessors of the Town of Brindicld be, and
they hereby are impowercd ami direc-ted to Assess the Polls and Estates of the
lnhal>itaut3 of said i)isiri(t of Mnnson their due; I'roportion, as usual to the Prov-
ince Tax, set on said Town of I'.iitnlicld, and that the Assessors of the Town of
Untiand be, and they hi-rcliy arc ii'ipowcrcd. and directed to Assess the I'dlls and
Estates of those Iniialiitanis of s lid Uistriit of J'rince Town, fortnerly called the
East Wing of Kutland Iheir duo Proportion, as usual to the Province Tax laid ou
said Town of Iltuland.

In t'ouncil Head and Concurred Consented to by the Lieutenant Governor." —
Ibid., i>. A.A.

"Dec. L'4, ITtJO. On tin; Petition of Abijali IMoore and others Inhabitants of
Prince Town, as entered Jtinc! 4: ITtJO.

In Council Ucad a^rain, together with the Answer of a Number of the Non Resi-
dent I'roprit'tors of Princes Town and Ordered that Gamaliel Bradford lOsif with
.such as tlie honouraliic J louse shall join, be a Cominitteo to take the Petition and
Answer under consideration, and report what they judge proper for tliis Court to
do thereon.

In the House of Representatives Read and Concurred and M' Witt and Col"
Whitcomb are joined in the AiTair."— /^/'/., ?>. 528.

"Dec. 31, ITtiO. On the Petiiion of the Inhabitants of Prince Town, Praying a
Tax may be laid on said District as cntiTinl the 4"' day of June 17<i0 and '-'4:
Decern'' ITdO. — In Coiuicil The Committee on thi; foregoing Petition having reported
in favour of a Tax of two ]i;Mice per Acre lor three Years— Ordered That the said
Rei>ort be accepted: and tliat then; be a Tax of two pence per Acre assessed on the
Lands mentioned in said Petition for the term of three years next ensuing to be
ai>plied for the jmrposes therein mentioned

In the House of Representatives Read and Concurred— Consented to by the Gov-
ernor."— Ibid., p. 547.

"Jan KJ, 17G1. A Petition of Zachariah Harvey in belialf of the Inhabitants of
Prince Town— Setting forth that the Inhabitants" of said Town are all Ijcginners,
scarcely able to support their Families, that they have been at great Expence in
Settling a Minister building a meeting house and raaliing Roades, and are not able
as yet to pay Taxes— Praying they may be excused from Paying l?tates to Rutland,
and to the Province as usual

la the House of Representatives; Voted that the Prayer of this Petition be
granted, and that the Treasurer of this Province, be, and hereby is directed to
remit to the Town of Rutland the sum of thirty one pounds, one shilling and seven
pence l)eing the sum Assessed by the Assessors of the Town of Rutland, Agreea-
ble to a Vote of this Court in June last on the Polls and Estates of that part of the
District of Prince Town formerly the East Wing of Rutland, as their Proportion to
the Province Ta:i laid on the Town of Rutland in the Year 17fiO. and that the con-
stables or Collectors of Rutland lor Year be, and hereby are directed and required
not to Collect the same of the Inhaliitants or Proprietors of Prince Town, and that
the aforesaid sum of thirty one pounds one shilling and seven pence be added to
the Province Tax that shall be laid on the Town of'Rutland for the Year 17G1.

In Council Read and Concurred Consented to by the Governor."'— /6/tZ., p. 003.

" April 7, 17()1. A Petition of sundry Inhabitants of the District of Prince Town
in the County of Worcester— Setting forth the irregular Proceedings of one Doctor
Zachariah Hervey in their Anniversary Meeting in March last, Praying that the
said District maybe enabled to call a New Meeting &c»

In the House of Represimtativ^es Read and OrUer'd That the Petitioners serve
Doctor Zachariah Harvey with a Copy of this Petition, that he rendiir an Account
of his Proceedings complained of iii the Petition on the second Tuesday of the
iicxt Sittiiif/ n/ this Ctntrt.

In Council Read and Concurred with an Amendment viz' insert Mmj Session —
Sent down for Concurrence." — Ibid., p. 701.

" June y, 1701. A Pcti ion of a Number of the Inhabitants of Prince Town Set-
ting forth as in their Petition entered 7: April last, that there were divers illegal
Votes and unwarranted Transactions at their annual Town Meeting in March last
— And Praying Relief.

In Council Read again together with the Answer of Doctor Zachariah Harvey,
and Ordered That Bcnjatnin Lincoln Esqr with such as the honorable House .shall
join be a Committee to take the Petition and Answer under consideration and
report.

In the House of Representatives Read and Concurred and M' Ropes and Cap'
Rowell are joined in the Affair."— /6/'^, ml. XXIV., p. 27.

" Juno 10, 17til. A Memorial of Zachariah llarvey, Peter Goodenow and Abigail *
Moore, Selectmen of Prince Town, further representing (in aihlition to what was
offered by the said Zachariah Harvey in liis answer entered Yestewlay) the i)ro-
eeedings of the Town Me -ting complained of by some of the Inhabitants, And
Praying that by a Resolve of this Court the proceedings of the sai<l District may bo
confirm'd notwithstanding any legal defects, real or supposed—

In the House of Representatives Read and Ordered That the Committee of both
Houses appointed to consider the Affair of Prince Town take this Petition also
under their consideration and make report.

In Council Read and Concurred." — Ibid., p. ^2.

* Sic: Abljah.

34;-± PiioviNCE Laws. — 1759-CO. [Notes.]

"June in, 1701. The Committee appointed the 0"! Instant on the Petition of a
number of tlie Inhabitants of Prince Town reported according to order —

In Council Read aud Accepted, and thereupon Ordered That the proceedlnp;s of
the Iniialiitants of the District of Prince Town at their Meeting in March last be
contirraed, and that their proceedings at the adjournment of said Meeting be regu-
lated so far as it rt;lates to tlie qualitication of Voters, by the valuation of Estates
already taken. Also tliat the Assessors of said District as soon as may be make an
exact list and valuation of Estates in said District for the future regulation of their
Voters as by Law is required —

In the House of Representatives Read and Concurred Consented to by the Gov-
ernor."— Ibid., p. i'2.

For all proceedings relating to the boundaries aud sale of the province lands,
known as Potash Farm, within the district of Priucetown, see the Appendix.

CIiiip. 7. " June 0, 17.")0. A Petition of Thomas Stluson and Others Proprietors
and I'lanters of a certain Tract of Land commonly called Neguasset in the County
of Vork holding in the Right of Mess" Lake aud Clarke deceased — Setting fortli
That they labour under great difficulties for want of being incorporated. Tliat they
have however by a voluutarv Subscription set up, and are erecting a very conven-
ient House for jniblic Worship. And jiraying that tlie.v with their Lands hereafter
mentioned may be erected into a Township viz' Ceginning at Towessick Gut at the
head of Arowsick Island or George Town, and running Northerly on Sagadahock
or Kennebec River to a Pino tree marked, which is tlie first markt Tree in the
Boundary Line between tlie said Proprietors and the Plymouth Company: from
thence Easterly on said Line to ^louiitswecg Kiver as the Line is now established,
and from thence Southerly down said Ri\er and ^lonntsweeg Bay including an
Island called Oak Island, and from thence again Southerly round a Point of Land
called Phipp's Point, and from thence Westerly to a I'oiut called llawkomoka
Point, and from thence Nortlierly running through Ilells-gate so called in Towes-
siek or Neguasset Bay to the Bounds first mentioned.

In the House of Representatives. Read and Ordered That the Petitioners serve
the Town of George Town (so called). as also the first Parish in said Town with a
copy of th(Mr Petition by leaving an attested cojw tliereof with their respective
Clerks, that tliey may shmv cause (if any they have) on tlu! second Tuesday of the
next Sitting of the Court wliy the Prayer thereof should not be granted.

In Council. Read and Concurred." — Council Iierordf, vol. XXIII., p. o7.

" Oct. 11, 1759. A Petition of Tliomas Stinson and Others Proprietors and Planters
of a certain Tract of I^and commonly called Negna-ssett in the County of York —
Praying as entered il Juno last to be incorporated into a Township.

In Council read again together with a \'ote of the Town of George Town relative
to the Affair. And resolved Tliat the Prayer of the Petition be so far granted as
that the reiitioiiers have liberty to bring in a Bill for erecting the Lands prayed
for into a disirict with power to join with the Town of Geoi-go Town in the Choice
of Representatives.

In the House of Representatives Read & Concurred: "' — Ibid., p. 80.

Chap. 8. " Oct. 11, 1750. James Bowdoiu Esq went down from the Board to the
House (if Representatives with a Messag<i to acquaint them that the Board ol)servo
in th(! Supply Bill sent up for their concurrence, that tln^ Funds are not sulHcient
to redeem tiic Notes the Treasurer is then^by ordered to issue with the Interest,
and have therefore not passed upon said Bill." — Council Rccoi'ds,fol. XXIII., p. 80.

See also Note to Chap. Ki, post.

Chap. 10. "Nov. f>, 1759. In the House of Reiiresentatives, Voted Tliat the
Managers of the Sudbury Lotteries bo hereby impowered to apply part of tli(> .Sums
to he. raised by said liOtteries not e.Keeeding the Sum of One hundred and twenty
pounds towards repairing two short Causeways in said .Sudbury lying on Lancaster
Road lietween tlu; Dwelling houses of Jonathan Carter and Benjamin Estaiirooks.
Pro'-i<led that thens be first api)lied a sulficieiit Sum from the monies raised by saitl
Lotteries *i carry on th(! parti(^ular Works for which the said Lotteries were
granted.

In Council. Head and Concurred."— Comhc/7 R(yonls, vol. XXIII., p. 110.

Chap. 14. " Oct. .3, 1750. The .\ct for providing Quarters for his Majesty's Troops
an<l Recruiting Parties within this Province being temporary is expired, and will,
as You will observe from some of the I'apers laid befiu-e You, require your Coiisid-
eralifui " — /'.'r'/v/'Y /";•"») (innriior I'dioiuU's hic.i.iu'/r to the Anarnibl'i : Coinicil Re-
onl.i, vol. XXIII., !>'. CI.

" Dec. '_'l, 17ii<l. Till' Si'cretary delivered the following Message from his E.Keel-
lency,t()the Mouse of Uepresentatives — viz'.

(ieiitleinen of the lloMS<- of Representatives

1 am to inform you that a I'arty of the Regiment of Ro.val Soots, consisting of
six olVicers, and one hundred and Ninety Men, is come into this Port, and is like to
stay hen- some Time. I have Ordered them into the Barracks at Castle ^^■illiam;
but finding tlie Act for providing t^uarters &c": is expired, must desire You to make
the usual Provision for them. Fua. Bkunakd. " — /'»/'/., i>. .'•-S.

" Dec. "Jl, 17(10. Ill the House of Representative's; Voted that tlui Commissary
General be directed to provide Fuel, and other Barrack Necessaries, as usual for
the One luindriHl and Ninety Men.

In Council Reiwl and Concurred Consented to by the Governor."— /6ici.,j>.6;>0.

[Notes.] Peovince Laws. — 17o9-G0. 345

Chap. 15. " Oct. 20, 1750. Tho Secretary went down from the Hoaril with a Mcs-
Bai^e to tlio House of Reprosontatives proposiiip; an Aniondnicnt in the Bill intitiiled
An Act in furllier aililition to t lie Act. for Limitation of Actions and for avoitlinc
Suits in Law where the matter i.s of lonjj stanilin<^. To which Col" Cottou returucu
with a Mcssa;::e from the House to actiuaint the Board that the House aj^ree to their
Amendment, and proposing to them a further Amendment iu said Bill." — Council
Rc<:ords, vol. XXII L, p. \VS.

Chap. 16. The campaign of 1755, employing ahout 8000 men from Massachusetts,
or, as was estimated by the General Court, aliout one fifth of the male inhabitants
of the province, was attended with proportionate expense which it was found
impossible to meet by the ordinary methods of raising moucy. In this emergenc.y
temporary relief was afforiled by (tOV. Shirley's loan of £;iO,000, out of the fund
under his control as commaudcr-in-chief of the American forces. This loan, though
received after much delay, enabled the province to pay the wages of the soldiers in
the expedition of 1755 and to proceed with i>r(>parations for another campaign.
(See 1755-5t). note to chap. 27.) ^Meanwhile, the Legislature had authorized Mr.
Bollan, who had previously held tlu; otlice, and who on the thirtieth of October,
1755, had been again apitointed agent of tlie jirovince in Loudon, to elTect a loan in
Europe (see 1754-55, chap, .m), and also to apply to the Crown for relief.

Discouraged at the poor prosjiect of negotiating a loan, Mr. Bollan made no
attempt in that direction, but immediately addressed himself with energy to tho
task of procuring a grant. Beginning with an apiilication for £2o,000 to the Lords
.Justices, which the secretary of that board thought it more proper to lay before tho
Lords of the Treasury, he next applied to the Duke of Newcastle, who was first
Lord Commissioner of the Treasury, as well as one of the Lords Justices, and
through him succeeded in having his ajiplieation considered by the Lords of the
Treasury. They directed him to wait on the Secretary of State, who objected that
the petition should have been laid before the Lords of Trade. Accordingly, he
waited on Lord Halifax, secretary of the Board of Trade, who was clearly of
opinion that a grant of this character was, jirimarily, a subject for the consideration
of the Lords of the Treasury and the Secretary of State, xlgaiu applying to the
Secretary of State, after overcoming his objections that the petition was too general,
&c., the Agent secured his favorable consideration of the subject and increased
the amount asked for, to £50.000, having, since the presentation of the first petition,
received advices of further enlistments in the province. The Earl of Halifax
warmly engaged iu assisting him, and was at first inclined to send a sura of money
as an immediate aid to all tbe coloines. He suggested to Mr. Bollan the propriety
of applying for the common benelit of the four New-England colonies and not for
^Massaciiusetts alone, — the wisdom of which course the latter approved, although his
instructions did not authorize him to follow it. At this stage, it appeared that there
was no fund from which such a grant could be taken, and it was thereupon agreed
by the Ministry that letters should be scut to the Governors of the four New-Eng-
land colonies assuring them of bis ^lajesty's approbation of " the chearfulness and
alacrity with which they had enter'd upon the expedition and the spirit and vigour
with which they had supporied it: that liis majesty being sensible the expence of it
exceeded their abilities he would recommend it to his parliament to grant them
such aid and assistance as their merit and circumstances required and such as
shou'd be sufHcieat to enable them to go on \^■ith vigour, and assuring them of his
majesty's fa>"our and protection." Accdrdiiigly, Feb. :>, 175(), parliament granted
£115,000 to " New England, New York and Jersey." (See resolves of the House of
Commons.) Of this sum the share of Massachusetts was £54,000, v.hich was shipped
before Ai)ril 175G, but never reached the treasury— £oO,000 thereof going directly
to Gov. Shirley in repayment of his loan, and the remainder being turned over to
the army contractors at New York.

A letter from Mr. Secretary Fox, dated March 13, 1756, gave assurance that stores
and provisions of all kinds for the whole army employed in the campaign of 175G
should be provided at the sole expense of the Crown, and that the raising of tho
men, their pay. arms and clothing, were all that would be required of the province.
(See 1757-58 chap. 30, note.) This letter was communicated to the Assend>ly by
Lieut .-Gov. Phips on the first of July; but th(^ province had already purchased six
months provisions for victualling the ^Massachusetts forces, at an expense of nearly
£.30,000, and, in the vacation before the July session, Mr. Hutchinson had informed
:Mr. Bollan of this expense and intimatecl that a reimViursement of the value of
these provisions would bo a great relief to the province, in view of the other
expenses attending the expedition.

Mr. Bollan promptly Ijrought the subject to the attention of the Earl of Halifax
wlio entertained it favorably, but advis(;<l delay. In October he again moved in
the matter, presenting to the Duke of Newcastle a memorial which, through his
efforts, was considered by the Lords of the Treasury and referred by them to the
Board of Trade. The business being again delayed here by tho want of neces.sary
information from the other departments, Mr. Bollan had recourse to the Secretaries
of the Treasury and to the Chancellor of the Exchequer, but without success;
owing, partly to the press of business in the Treasury department, and partly to
changes in the administration. .

After nearly fourteen months' application to the different departments, Mr. Bol-
lan, upon the accession of th<! new ministry of Newcastle and Pitt, addressed a
petition for reimbursement, to the King in Council, which he presented to Mr.
Secretary Pitt, with a letter, dated Decendter '_'4, 1757, giving his reasons for apply-
ing in this manner. The presentation of this i)etitiou was somewhat delay<'d by
the Agent's failure to receive proper vouchers from the province, they not having

346 Pkovince Laws. — 1759-60. [Notes.]

arrived as late as the eleventh of .Time. Within a month after its presentation this
petition lia<l reaclied the Lonls Couimissionors of the Treasury, and had been
refciTud l).v them to tlie Payuiaster-Goneral and tlic Secretary at War, with instrue-
tions to iiuiuire into tlie demand, and liear Mr. Bollan; Mr. Tilt expressing the
hope that the purpose of this reference was " tliat tlie validity and exactness of
Mr. Bollan's aecount be eiuiuired into, and not the justness of his pretensions."
By March liO, lloS, a favorable report had resulted from this reference, and by the
i;»t)iof the next month the Chancellor of the Exehoquer bad mentioned the subject
to tiie House of Commons, where, on the olst of May, it was referred to the com-
mittee on su|iplies, and, the next day, a resolve was passed granting the province
£l'7:;.S0. I'.i.s llU sterling.

Although .Mr. TJollan hail performed the duties of his office with marked ability,
the delays attending the routine of official action in the different departments ol
the government caused dissatisfaction anjong his constituents, which manifested
itself strongly in the IIouso of Representatives towards the clo.se of these negotia-
tions, ijy his address, his intimate knowledge of the history and claims of the
province, his i)or.sonal acquaintance with officers of state, his legal acquirements
and his familiarity with the methods of proceeding in the management of the deli-
cate and difficult duties with which he was intrusted, he had actually lessened the
delays whicli were ignorantly attributed, by his opponents, to his indifference or to
a too literal adherence to his instructions.

As early as January, 17.J8, an order, which originated in the House, was passed
by tlie Assembly, appointing a committee to prepare a letter to Mr. Bollan notifying
him of their intention to supiily his jilace with some inhabitant of Great Britain
for the ostensible reason that they would thus be saved the expense of his living,
whi:di Bollan claimed in addition to his salary; but other affairs of great moment
having arisen, this vote was succeeded, two months later, by another, requesting
Mr. Bollan not suddenly to leave (Jreat Britain notwithstanding the former vote.
With a copy of the latter vote further instructions A\cre scut to the Agent.

In the next Assembly a bill was passed by the IIouso to be engrossed, appointing
M('ssrs. Barlow Trecothick, John Apthorp and John Thomlinson, Jr., who were
eminent merchants in London, to act with the Agent in receiving and forwarding
the iirovision money, but this bill was unanimously refused a second reading by
the Council. On the sam(! day, however, (June 15, 17.58) a vote was passed origi-
nating in the Council, which empowered the Secretary of the province and the
Speaker of the IIouso to execute an instrument, which the Governor was also
ro(]uested to sign oliicially, authorizing ^Slr. Bollan, as agent, to receive the money
and give a valid discharge therefor, and directing him to ship tlie same to New
England by one his Majesty's ships of war. This power of attorney was given in
conformity to the opinion of the former attorney- and solicitor-general (Liyder and
Murray) in 1748, that the province, being a corporation, could only act by such an
instrnment,— the Lonls of the Treasury at that time having submitted the (picstion
whether the authority of the several agents to receive the money granted to reim-
burse tlie expenses of the reduction and occupation of Cape Breton was sufficient;
some of the agents, among them the agmit for JNIassachusetts, claiming to act solely
under mere voti.'S of their respective Assemblies.

From the postscript of a letter from ISIr. Bollan, dated August 10, 1758, it apiiears
tliat the mon(;y granted had been received by him, and that, after sundry deduc-
tions for freight, insurance, etc., and the grant (which had been long d(;ferred) to
the Agent for his past services— it was reduced to the amount shown in this act.

Still furl lier delays followed in transmitting the money, owing, mainly, to the
agent's instructions to have it shipped to Boston in a man-of-war, and the impossi-
bility of procuring such a conveyance to that jiort.

Mr. MmHiiu's letter of August 1<!, liad not been received as late as October follow-
ing—indeed tidings of the grant had lirst reached the Governor about the lirst of
the niontli — and the; lIous(^ having h( ard tlu! report of a committee api)ointed to
examine tlie records rif the General Court rchitive to the method pursued in recei\"-
ing the parliamentary grant of 1718 (see Journals of the House of Commons, -Vjuil
4, 171S) (le(Miied it necessary to jiass formal votes that the expected provision-iiKuiey
should be imported into the provinei! in si'.ecie, and that Mr. Bolhm shonltl bo
em|")Wered to receive it in behalf of tin; i>roviuce. By the vote of Juno 15, no
autlKirity was expressly givini to the comuiiilce api)oinled to )irei>are the power of
attorney to use tli(! name, (U- affix the seal, of the province; and, apparently for the
purpose of remedying this defect, thc^ House now Vdted that the fjoveriior, \ho Sc<'-
retary anil the Speaker of the I louse be authorized to i>re|)are a powi^rof attorney
in I'll- name and under tin; seal of the province. The Council conenrred wit li an
amendment striking out tb(! nanu-s of the Secretary and the Sjieaker, whereupon
tlie IIdusi' tfn)k into consideraticm the subject of contintiing Mr. Bollan in tlio
iiUeiicy, and voted to dismi.iS him. In this \<>te I In^ ( 'oniieil rerused to conciu'. A
coimnitlee of the House appointed to confer with Mr. Charles .\ptlior|), t he con-
Iracior for fiiniishiug mnncy for the army, having reported that, allliongli .Mr.
Aplhorit could not undertake to receive and transport the money, he had recoiu-
nieiided for that ]>nrpose tho einpl(\vment of his friends, .Messrs. 'I'rccothick,
A]piliorp and Thomlinson above nnmtioned for whose lidclity he was willing to givo
secnrity; tliat h(^ assured the committee that these, gentlemen would transact the
business for one jier cent (■ommissjon, anil that he would use his i:i!hienc(i with
them to have tin) money sent by the same convcyain-e tliat was to bring Iht^ money
for the p;iy of the army (which money was expecled in March 175:t), thus elTceting
a saving in insurance, freight and shipping charges; and, moreover, that if tho
money could not be shipned directly to Boston, ho would take it at Louisbonrg,
Halifax or Now York, and pa^- a idco sura in Boston.

[Notes.] Phovince J.aws.— 1759-60. ;j.i7

Mr. Ajithorp's suggestions were fuvorably rcceivtMl by the ITousc, and uicoril-
ingly tlioy fell haek npim tlieir furnicr vcte, to wliirh tliey now voted to adljero
'■ with amendments as taken into a mw dianght.'" In the new drauiiht tlie same
committee as before was euipowered to preiJiiro the iustriuneut, but the names of
Messrs. Treeothiek, Apthorp and Thomlinson were substituted for that of Mr.
lioUan, and they, or any two of them, were authorized to receivo and give proper
diseharges for the provision-money, in behalf of the province and, having first
insured the same, were directed to send it on board one of his Majesty's ships
bound either to Boston, Halifax, Louisl)ourg or New York, consigned to the Treas-
urer of the province, for the time being. The Council refuscnl to concur in this vote
on the ground that the vote of June lOth "still remains in force and may be cfifect-
n:\\ for this purpose." The Council further votinl that the Secretary write to Mr.
DoUau that, as his commission as ag(Mit " limits his power to certain special pur-
])oses therein mentioned, and to such other matters which the General Court
might commit to his care and management pui'suant to such instructions as he
might from time to time receive frointhera ", " the Court expects that ho conduct
himself accordingly." In this vote tiie llousi; refused to concur, adhering to their
own vote, and the Council again noneoncurred in the last vote of the Representa-
tives.

No further action in the matter apjjcars to have been taken by the Assembly
until after the receipt of Mr. I>ollaa"s U;ttcr of Aug. KJ. This letter was coramuni-
carcd to the House of Representatives Jan. 5, 175!>, and, on the 18th, a vote was
passed directing Mr. Bollau to ship the money in accordance with certain instruc-
tions,-a draught of which was pre[)ared and accepted two days later. By these
instructions the agent was directed to ship the money in Johannes of full weight,
or, if these could not be obtained, iu other Portuguese or Spanish gold, to the
jirovince Treasurer at Boston, by a man-of-war, or, in failure of any such ship's
dciiarture direct for Boston, he was to apply to the Lords of the Admiralty for per-
mission to ship the same on any government vessel bound to New York, Halifax
or Louishourg and to ask for orders for the ship to proceed to Boston after deliver-
ing her dispatches at either of the other ports for which she might be bound.

Tiie impossibility of securing such cooperation by the Lords of the Admiralty as
would enable the Agent to comply with his instructions, further delayed the ship-
ment of the money; so that the first notice that the money was shipped appears in
a letter from Mr. IJollan dated October 12. 175U. It was consigned to the province
Treasurer, on board the Mercury, Capt. Faulkner, who was ordered to proceed to
New York on other business, and thence to Boston.

In the mean time the General Court, not being aware of this action of the Agent,
prepared a letter to him, iu which, after setting forth the great inconvenience to
which the province had been subjected by the non-arrival of the money, and
declaring that they "can't avoid thinking that if the Lords of the Admiralty had
been properly informed how muesli the receipt of this money (tho' a small sum
compaivil with our great expenee) would have been a means of promoting his
iNIajejty's general service, they would have consented that a man-of-war should
have proceeded with it from some of the neighbouring government to Boston,
tho' she might have lost a week or ten days' time," — they order that the money, in
Spanish or Portuguese milled gold, be shipped to Boston, Louishourg or Halifax
or to the government of New York or New Hampshire by the first safe conxeyance
in one of his Majesty's ships-of-war, consigned to the iirovince Treasurer or to his
assigns, and properly insured.

On the ;'>'"J of December IToii, the Mercury had arrived and there were deposited,
that day, in the province treasury, to the credit of Mr. Bollan, on account of the
])ro vision-money, 10,424^ Johannes and 1414J moidores which amounted— the former
bcini; reckoned at oii shillings, and the latter at 27 shillings each— to £ 20,G80, 17, 6,
sterling.

" Jau. 0, 17(50. In the House of Representatives Whereas the Treasurer has
r.'ieeived from M^ Agent Bollan Twenty thousand six hundred and eighty pounds
s-ventcen shillings and six pence Sterling equal to Twenty seven thousand five
hundred seventy four pounds ten shillings lawful Money, wliich Money is unappro-
I'.riatjd. Resolved That the said Sum be applycd for the Payment of the Othcers
and Sildiers employed in tho late Expedition under General Amherst.

And Whereas by an Act mado in October 175!i the Treasurer was directed to
borrow the Sum of One hundred forty * thousand five hundred Pounds and issue
(Government Notes for Sixty thousand Pounds part of said Sura payable the 20
.Time 17(il, and as a Fund for tho redemption of said Notes a Tax was granted to
his Majesry to be levyed on Polls and Estates in May 17tjO for Sixty four thousand
Pounds. 'Therefore further Resolved That the Treasurer be and hereby is directed
to borrow but Thirty two thousanil four hundred and twenty five pounds ten shil-
liu.'js instead of the aforesaid Sum of Sixty thousand jjounds and that the Tax
that was to have been issued for sixty four thousand Pounds if tho said money had
not arrived be but for thirty five thousand Pounds. And Ordered that a Bill
be brought in accoRlingly. In Council. Read and Concurred."— CownciV Records,
vol. XXIII., p. 157.

Chap. 17. " Sir, I Come now, Sir, to make You the same requisition I did last
year upon my Entring on the f reneral Command; foraltho I have not at present,
no more than I had then, any parieular Orders relative to the Operations of the
Ensr.ing Campaign, Yet I am Certain it must be of Infinite Service to the Public
Cause, that the Province of the Massachusetts Bay, should keep up, during the

* Sic.— " four " omitted.

348 ritovLNCE Laws.— 1759-60. [Notes.]

"Winter, the same NumLer of Officers and Men, that its Assembly Voted for the
OpiTations of this l;i.st Campaign." — Kftract from Gen. Amherst's letter to Gov.
ruirnall, Dec. i:>, 175i>: Muxk. Ardiires, vol. 78, p. (302.

" I am coiiinianihfd to signify to you The King's Pleasure, that you do forthwith
use your utmost Endeavours & Influence, with the Council & Assembly of your
I'loviuce to induce them to raise, with all iiossible Dispatch, within your Govern-
ment, at least as large a Body of Men, as They did for the last Campaign, and
even as many more, as the Number of It's Inhabitants may allow, &, forming the
same into Regiments, as far as shall bi; found convenient, that you do direct them
to liold Themselves in readiness, as early as may be, to march to the Rendezvous
at Albany, or such other I'lace, as His Majesty's Commander in Chief in America
sliall appoint, in order to proceed from thence, in Conjunction with a Body of the
King's British Forces, & under the Supreme Command of His Majesty's said Com-
mander in Chief in America, so as to Ijo in a Situation to begin the Operations of
the Cam])aign by tli(! first of May, if possible, or as soon after as shall be any Way
firacticable; by an Irruiition into Canada" — Ej- tract from Sec. Pitt's letter to Gov.
roinmtl, .Jan. 7, 17(10: Mass. Archircs, rot. T2. p. 121.

" Having therefore taken into Consideration the Circumstances of those Troops
bek>nging to and in the Pay of this Province, which are doing duty at Louisbourgh
Halifax and Lunenburgh, and do intirely garrison Annapolis, Fort Cumberland
at Chignecto, and Fort Fredericli at S' Johns, You will consider of making the
earliest Provision for those who may bo further wanted for the Operations of the
ensuing Campaign, so that they may be ready at the first Call." — Extract from Gov.
Voir nail' s apeech, Jan. 2, 17()0: Council Ri:<:ords, vol. XXIIL, p. 144.

" Jan. 2.5, 17G0. The R(']iort of a Committee appointed to take under considera-
tion those parts of his Excellency's Speech at the Opening of the Session which
were directed to both Houses.

The Committee have proceeded so far as to consider the several matters recom-
mended by his Excellency relative to the Forces in the Pay of this Province and
now in Service at Louisbourgh and Nova Scotia and also to the making Provision
for raising Forces for the ensuing Year —

With resjK'ct to the Forces at Louisbourgh and Nova Scotia the Committee are
humbly of Opinion That a Bounty or Reward of Four Pounds be given to each of
the Private men and One months ]>ay to each Oflicer who remained in Garrison
after th(! first day of NovembL-r last and still continue tliere over and above their
established Wages, and that the Wages of all such Officers and Soldiers be continued
according to the present Estal)lishment until the first day of May next, or until the
time of their discharge in case they shall be discharged before the said tirst day of
Mav.

That the continuance of such Establishment be so understood as in no measure
to remove or lessen the desire and expectation of the two Houses that the General
of His Majesty's Forces in North America do cause the Forces now in the Pay of
this Provinc'o to be discharged and returned as soon as the Season of the year will
allow.

With respect to tlie. Provision for raising men for the ensuing Year the Commit-
tee art! of Opinion That a Bounty of nint; Pounds bo given to each private Soldier
and non commission Officer now in the Service at Louisbourgh and the several
jto.sts and Forts in Nova Scotia who shall inlist anew for his Majesty's General
Service the (Misuing year, the Bounty to be i)aid in the manner following viz' Five
dollars at the time of their inlisting," five dollars more with a Province Security of
six ])ounds at their passing Muster, wliich Muster shall be as soon after their
lulistment as it can be conveniently done; this to be considered as over and above
tint Four pouiuls reward given as aforesaid.

That, over and abov(! the number of Men who may thus inlist at Louisbourgh and
Nova Scotia a Bounty of Nine pounds be also given and paid in tlio same manner
and at the same tiuu! as to thos(i who shall inlist at either of the above said places
to I<'ive thousand men ineUidiug Otlicers who shall inlist for saiil Service at any
time before the (ifteenth day of March next; such Ottieers to be Inhabitants of this
I'rovinee. ilie rii\ates and non-commission Ollicers only of saiil five thousand men
to ))(■ inliileil to this I'.ounly.

That the Ksiablishuieiit for one Cai)tain. two Lieutenants and an Ensign be tlio
same as it was the last year, each Compauy consisting of an hundred Men iueliul-
ing Ollicers that tlwir'Wages shall begin' from the date of their inlisting Orders,
and that for every efTective man whom Ihey shall iidist they be allowed and paiil
three shilliugH, l>ut they are to be aceountabhi for the money they shall i)ay to any
non-elTeeiiv(' man wlio was so at the time of his lulistment-.

And as to the Wages of iIk- iniMi, the Committee are of oiiinion that they be tlie
saiiK- they were the hist year, and that they enter into pay at the time of their
passing nuister.

That to ea< h man there bo given wlien ho shall begin his march a Blanket and
such other Articles as were giv<Mi the hvst year, .saving only tlwil such Blank<'t
and other Articles shall lie given to the .Men who shall inlist at Louislmurgh and
Nova Scotia at the time when the other men in Service at the several Posts there

shall be respectively ri'lii'Ved.

TliJit the Nfeii shall not be held to continue in Service beyond the last day of
November next. nn<l shall be discharged .as nuieli sooin^r a-s tin; Service will Admit.

With respect to the mailers recommended by his Excellency and which relate to
Peiioli-ieot the ( 'oniiiiii lee di'sire leave to sit again.

All wliiih is Submiited in tin* name of the Committee

T. HUTCHIMSON

In Council. Read & Sent down —

[Notes.] Province Laws.— 1759-60. 349

Tn the House of Representatives. Read and Accepted as taken into a new draft
— (viz' as above)

In Council. Read and Concurred — Consented to by the Governor."— 76/d., p. 207.

"Feb. 1!, iTdO. In tlio House of Roprcsontativos Voted That the several notes
given hy tlio Treasurer to those persons who shall appear to lend the money upon
tiie last Sujiply to pay the Bounty to those Soldiers who shall inlist in the intended
Expedition against Canaila shall hear date this present day.

In Council Read and Concurred Consented to by the Governor." — Ibid., p. 276.

f'/iap. 10. " Jan. 'M, 17G0. The Secretary by order of his E.xcellency the Governor
delivered tlie following Message to the two Houses resjiectively viz'

Gentlemen of the Council and House of Re|)resentatives.

After the Court has engaged so large a Bounty for recruits enlisting in the pres-
ent Expedition to Canada, it much l)ehoves j'our Wisdom as far as in you lies to
take care that the Province is not defrauded of the Services it pays so dear for,
wliich if some further Provision be not made as to Desertion will be tin; Case in
many Instances, not only without Remedy, but with very considerable addition to
the oxpencos of the Province. —

For as matters now stand a Deserter, tho he does not serve one quarter of the
time shall cost the Province besides the trouble he occasions four or live pounds
more than the honest and faithful Soldier who serves his whole time. For as the
Articles of "War provide for the Punishment of Deserters when joined to the Army,
our Laws proviile only for the apiirehcnding securing and transporting to their
Regiments or Companies such Deserters, there (as is supposed to receive the Pun-
ishment allotted to such Delinquency. — The Punishment of Desertion is Death, or
in its greatest Lenity such severe Corporal Punishment as is next to it, and if a
deserter be returned to the Army as xiich, he must suil'er that Punishment. When
tliert'fore Deserters have been taken up, and s(?nt by my Orders to the Castle or
other place in order to be transported to his Regiment or Companj^ according to
Law, I never could prevail on myself to send them as Deserters, by which means
they Iiave escaped all Punishment; and indeed were this seven; Puuishment inflict-
ed on them however much they may have deserved it, the Country itself would
very unwillingly discover or apiirehcnd such Deserters— Therefore as the case now
stands as Deserter will di'lraud his Country of his Service as long as he can lye
concealed, and when he is discovered, the Province instead of Amends for the Loss
it has already sustained must be at further expence for the apprehending, securing
and transjiorting him for the small jiortion of Service that remains which expence
it cannot be reimbursed out of his Wages, for if he be not returned as a Deserter,
no Stoppages can be made on his Wages, and if he be returned as a Deserter, be
ha-s no Wages to receive.

Under this Dilemma I would propose to the Court on the present Occasion as
follows — That if any man receiving the province Bounty be duly inlisted and dos
not join his Company or Regiment when called, such Deliiuiuent shall at any time
hereafter when or wherever he can be found within this Province be apprehended,
secured and sent to the Castle or such other Place as I shall order a(;cording to the
l^resent Laws; That the reward for taking up, securing and transporting him shall
be advanced out of the Province Treasury. That then I shall be empowered if I
see cause so to do, rather than to send him to the Army to send such Delinquent
to some of the Province Garrisons there to do duty without pay until He shall have
reimbursed the Province by his Service at the rate of Garrison Pay the £0—
Bounty, the £2 Reward for taking him u]>, and all other Charges that the Province
hath botn at bj- him, and may be at in transporting him thereto.

I should hope this might much more effectually answer Jhe end of preventing
such fraudtilent desertions rather than the severe Penalties of Felony as is the
case if such Delinquent be tried within the Province, or of Death or of extreeme
military Punishment if tryed in the Army; Besides the Province will avoid the
additional Expence which such Deserters jnit it to, having instead thereof a good
method of reimbursing itself the same; And as every one will see that such Pun-
ishment is not too harsh, but what every such Offender do's fully deserve, it will
be the inclination as well as duty of every one to discover and bring him to it.

Jan.^ 2y 17(30. T. Fo\yi;al.l."— Council

Records, vol. XXIII., p. 228.

Chap. 22. "Jan. 21, 1700. A Petition of Elnathan Rew, Pet«r Sharp, Daniel
Munger, Phineas Nash. William Bronson, .Jolm Henton, Benajah Warner, Stephen
Kcllog Daniel Srei)hen Kelog. Elienezer Andross, Anthony

Hoskins and Bartli" Barnt Iidiabitants f)f Land lying West of the upper Propri-
ety or Townshi]) of ShelTeild Praying they may be annexed to the Parish in upi)er
ShelTeild and with them to be niaih; one intire Parish.

In the House of Rei)re.sentatives. Read and Ordered That the Prayer of this
Petition be granted, aiul that tlie Petitioners be annexed to the said Upper Parish
of ShelTeild there to do (luty and receive Priviledge.

In Council. Read and Concurred. Consented to by the Governor."— CoMncj'J
Records, vol. XXIII., p. I'.K).

Chap. 23.. "Jan. ?<0, 1760. A Petition of Sylvester Gardiner and Others a Com-
mittee of the Kennebeck Pnrcha.se (so called) Setting forth That they have been at
great cost in bringing forwanl the Settlement of a place called Franckfort on
Kennebeek River, and that the Inhabitants of said place are now greatly increased.
Atid Praying that the same may be incorporated into a New Township by certaiu
Bounds in said Petition mentioned.

Lordships that application has been made to him for the erection of some new
Townshiiis in the Province of Main and desiring their directions.

350 Province Laws.— 1759-60. [Notes.]

In Council. Read and Ordered That the Petitioners have liberty to bring in a
Bill for the purposes mentioned in their Petition.

In the House of Representatives. Read and Concurred."— CouJictY i?ecorcZs, roi.
XA'///.,w. 2130.

" Boston Nov 23, 1759.

My Lords,

By the 40"» Article of His Maj'y's Instructions to me I am forbid to pass any Bill
creating any New Townships. The inconvenience meant to be obviated l)y said
Instruction was the unequall and unjust rejiresentation that it might thereby be in
a Cluvcrnor's power to create in the Assembly; But as the Province of Main con-
taining at present the County of York is now daily increasing in its Townships in
its Proprietors in its cultivation and populousness and is as a Frontier (divided off
from the Massachusetts Province) greatly concern'd that it sliou'd have its full
share of representation in the Assembly, which it by no means has, I have been
api)lved to erect such Townships by Act as may create such equal representation.
I humbly beg leave to submit the matter to Your Lordships and ask your direction
therein

I have the Honor to be my Lords
Your Lordships

most obed' & most humble Serv*

T. Powxall"— G'oy. Pownall
to Lords of Trade : " Mass. Bay, B. T.," vol. 70., 7./., 84, hi Public-Record Office.
" Wednesday, January '.W^ 17i)0.
At a Meeting of His Majesty's Commissrs for Trade & Plantations.

Present
Earl of Halifax
M"" Jenyns. Mr Hamilton.

Mr Sloper. M^ Bacon.

Read the following Letters and Papers received from Thomas Pownall Esq™,
Governor of the Missachusets Bay, viz;—

Letter from Gov Pownall to the Board dated Nov. 23, 1759, acquainting their
lordshipf

Townshii _

« # » * "^ >»

Their Lordships upon consideration of the 40"> Article of His Maj*-'"'* Instructions
to the Governor of the Massachusets Bay referr'd to in the Governor's letter of
the 2:!''<i of November, and also of what is mentioned in his Letter of the 22"J in
reference to the House of Representatives not admitting of a suspending Clan.se
to be inserted in their Laws, were of opinion that it would not be adviseable to
move His Majestv to make any alteration in that Instruction.

Ordered that the Draught of a letter to tho Governor of the Massachusets Bay

in answer to those received from him, be prepared:

• *•**•

DuKK Halifax." — " Trade Papers"
vol. 02, p. 24, ill Public- Record Office.

"The grounds and reasons upon which the fortieth Article of His Majesty's
Instructions to you, concerning the passing Laws for erecting new Townships and
giving thcni a Privileg(! of choosing Representatives, appear to ns so just and neces-
sary, and the direction of that Instruction by which the Crown has reserved to it.self
the" Judgment upon all such Laws before tiiey take effect, to bo so consistent with
wisdom and true i)olicy, that We cannot advise His Majesty to make any alteration
therein.

Nor will this Instruction appear less favourable to the interests and inclination
of the Ilcpreseiitatives of the. People, than it is wise and i>rudent with respect to
th(^ Honour and justice of the Crown; when it is consider'd that His i^Iajesty might
have directed his Governor upon all ca.ses of this kind to have at once exercised
that Negative which is vested in him by tho Charter and by His Majesty's Commis-
sion."—AVO«c< from letter of I.ordst of Trade to b'or. Puwnall, Feb. (>, 17iiO: " Mass.
Bail. 11. T.," ml.' ^r), p. 52, in' Public-Record Office.

" Tlie Secretary is prcjiaring the several Acts which have; been passed in order to
his forwarding tiieni as has been usual. There is one among them intith>d An Act
for <Tccling and cslablisliing two new Comities in the Easterly jiart of the County
of York which is to take jihK'e in November next. This County of York is at
jircscnt l.")0 .Miles in Icnglii which has been a gn-at discouragement to the Scltlement
of the Eastern part of it. Pownalliorough lately made a Township liut without tlio
jirivilegi^ of sending a Uei)resentative is more conveniently situated tiian any other
Settlement for the Sliire Town of tlie Easternmost of the two Counties wiiich I
liave called Lincoln and* tin? Bill was so jirepared as to give that Town tho same
iirivilege which other Towns enjoy but upon my intimating to aonio of tho
3lemliers lliat I should not in any nieasiire depart from my lustructions they
nltered the I'.ili before it came to me. 1 beg leave to suggest to Your Lordships
thai if in any case His Majesty shonlil think it proper to allow this in-ivilego to any
new Town it niighl lie convenient to do it in this case and jierhaps to some few of
tlie other Towns \\hich may lureafter lie erected, otherwise a whole County will bo
wilhoul a Representative in the General Cowrt."— Extract from Lieut. Gov. Ilutchin-
Koii's litter to Lords of Trade, June 29, 17U0: " Mass. Bay, B.T.," vol.lS, L. I., 1, in

rilhtir.Rrrord Offiro.

"Sir, Inclosed We send you tho Copy of a Letter wrote to us by tho Lieut. Gov
* OumbrrUuul ; a line nppcnrs to have been omitted in tbc cuiiy.

[Notes.] Province Laws. — 1759-60. 351

of the Massachusets Bay, in tho interval between the departure of Governor Pow-
uall & your arrival in tliat Government.

Upon consideration of this letter ami of tho Instruction by which M"' Hutchinson
apprehcudeil himself restraint! from assentiu;i to an Act for erecting a new Town-
sliip in the County of York, witli a Chuise impowerin-r that Township to send a
ltei)resentative to" the CJeneral I'ourt; We think that the Instruction was, in tho
spirit and intention of it, conlined to the splittinjx Townships in the old settled
Counties and that liotli reason and justice re(iuiro, that the Inliahitants of the East-
ern i)art of tho Province, havinji lieeu once erected into Corporations, slioidd he
admitted to the same rijjhts ami priviled;j;es enjoy'd by tho incorporated inhaliitants
in any other part of the Province; and th(?reforo We see no reason why the Town-
ships already erected or any other that may hereafter be erected in tho ("ounty of
York, should not be impower"d by Act of the General Court, or in any other way
that shall be thought adviseal)Ie, to choose a person to represent thciu in the Gen-
oral ConvX."—Lnnln<>f Traile to Gov. Bernard; Nov. 28, 1700: "Mass. Bay, B.T.," vol.
80, )>. 1, in Public- liicord Office.

See, also, note to ITlio-UU, chap. 23, post.

Chap. 25. "Jan. 4, 1760. A Petition of William Stoddard Esq & Others, some
of the late Directors and Partners in the late Land Bank or Manufactory Companj^
rcprciscnting tlicir perplexed and unhappy Circumstances, greatly aggravated by
the Loss of their Books and Papers when tlio Court House was burnt in the year
1747, by means whereof it is inipracticabli^ to adjust their Affairs in an equitable
manner. And Praying that tho Govermcnt would authorize tho setting up of a
Lottery to raise such Sums of money as the Commissioners sliall judge needful to
bring the Affairs of said Company to a speedy and equitable Conclusion.

In the House of Representatives. Read ami Ordered That M'' Tyng, M^ Tyler,
Mr. Flucker, Capt" Newhall and Col" Partridge with Such as the honourable Board
shall join be a Committee to take this Petition under consideration and report what
they judge proper for this Court to act thereon.

In Council. Read and Concurred, and Jacob Wendell, Benj" Lincoln, John
Erving, William Brattle and Ichabod Plaistead Esq" are joined in the Affair." —
Coiinril L'ccords, vol. XXIII., p. 14S.

" Feb. 8, 17()0. The Committee appointed the 4'h January last on the Petition of
William Stoddard Esq^ and others, late Partners in tho Laud Bank Scheme, — Re-
ported their Opinion — That a Lottery be granted pursuant to the Prayer of the
Petition, and for the purpose therein luentioned, and that they have prepared a Bill
accordingly, herewith humbly presented. (Signed)

4F order of the Committee Jacob \\'exdell.

Which Report being Read, was recommitted in order to fill up the Blank left in
the Bill for the names of the managers of said Lottery — The Committee son*
reported as follows Viz' That they had mett again and agreed that the Selectmen
of the Town of Boston, Mess''s Joshua Henshaw Joseph Jackson, Thomas dishing,
Samuel Hewes, John ScoUay, Benjamin Austin, and Andrew Oliver jun^ be the
managers of the Lottery (Signed) as above Jacob Wendell ^ order.

In Council Read and Accepted

In the House of Representatives Read and Concurred. Consented to by the Gov-
ernor."— Ibid., p. 258.

'■' June 12, 1700. In the House of Representatives. On a Motion made and Sec-
onded — Voted, that if any of tho Tickets in the Lottery for finishing the Affairs of
the late Manufactory Company, should remain unsold at the time that may be set
by the Managers of said Lottery for the drawing the same in their Several Classes.
The Commissioners on such Affair shall take such Tickets so remaining unsold, to
the said Company's Account: The Profits of which, if any there be, shall be applyed
towards drawing iti the said Company's Bills, and finishing that Scheme, and if
th(,'re be any Loss it shall bo sustained by said Company and make good out of the
Clear Profits arising by said Lottery, And the Tickets s'o remaining shall from time
to time, be by the Managers delivered into the hands of said Commissioners some-
time before they begin to draw Provi(l(;d Always that the Number of Tickets so left
shall not exceed in Value more than tin; Neat Proceeds of the resjiective Classes to
which they belong: And that the time .set for drawing be not less tlian fourteen days
from the Publication thereof. The said Commissioners to be accountable for the
Loss and Profit aicruing hereby, as by Law they are to account for other Proceed-
ings, in the Affairs of said Company.

in Council Read ami Concurred." — Ibid., p. 4.30.

"April 17. 1701. A Petition of Saniiiel Stevens— Setting forth— That being a
Partner in the late Land bank or Manufactory Scheme, he had rcHleemed three
hundreil Pounds of their Bills more than his proportion, and in ordi-r to reimburse
him liad assigned him a I-'arin of one of the delinquent Partners taken by Execu-
tion, of which the Sheriff gave; him a Warrant(>e Deed, hut that jiossession of said
Farm lias Ixjon since recovered of him whereupon he brought his Action against
tlie .said Sheriffs Estate, which has been several Years in the Court and now stand.s
continued all which is to his great Damag<!. And Praying that the I'ommissionera
for linishing the Land Bank Schein(! may apply the mont-y first raised in pm-suance
of th(! late Acjt establishing a Lottery for that luirjiose to the Relief of the Peti-
tioner, <

In the House of Representatives Read and Ordered Tliat Cap' Livermore, M'
Bower and M^ Paine with such as the honourable Board shall join bo a Committee
to consider this Petition and report thereon.

• Sic: soon?

352 Province Laws. — 1750-60. [Notes.]

In Counril Road and Concurred and Silvanus Bourn and John Erving Esq" are
joined in tlio Affair." — Ibid., p. 748.

"April ~0, 17(il. On the Petition of Samuel Stevens as entered the IT'i^ Instant
Ordered That Col": Newman ho of this Committee in the room of M"" Bowers who
is absent. In Counoil Read and Concurred." — Ibid., p. 761.

"April 21, ITiil. The Committee to whom was referred the Petition of Samuel
Stevens reported, That the Consideration of the matters therein contained be
referred over to the second "Wednesday of the May Session.

(Signed) Silvanus Bourn ^ order

In Council Read and accei>ted and ordered That the said Petition be referred
accordingly. In the House of R(!presentativos; Read and Concurred." — Ibid., p. 7(i.">.

"July"?, 17()1. A Petition of Samuel Stevens Praying as entered the 17"^ of
April last to be relieved out of the tirst raouc'y raised l)y the Land Bank Lottery.

In Council Read again and revived And Ordered Tliat John Erving and James
Bowdoin Esq" with sui-li as the honorable House shall join be a Committee to con-
sider this Petition and report. In the House of Representatives Read and Con-
curred and Mr Roiios, Col" Rogers, and General Winslow are joined in the Affair."
—Ibid., vol. XXIV., p. 84.

"July 11, 1701. In Council. The Committee upon the Petition of Samuel Ste-
vens having reported verbally that the Affair will require more time to consider of,
}]i:in they will probably liavi; during the present Session. Ordered that the further
I con>:idorati(jn of said Petitinii be referred to the first Tuesday' of the next Sitting

of this Court. — Sent down fur Concurrence." — Ibid., p. '.ci.

"Nov. 2o, 1701. In the House of Rei>resentatives, Whereas this Court at their
Session in February 17()0, granted a Lottery for raising a sum of money not exceed-
ing Three thousand five hundred pounds to be applied for the redemption of the
Outstanding Bills and finisliing the Affairs of the late land Bank or Manufactory
Company. And Wheroa-i the time limited for raising said sum has proved alto-
gether insufBcient for that purpose, and it having been represented to this Court
that at the expiration of tin; term limited as aforesaid about one half of the tickets
of the third Class in said Lottery remained in the hands of the ^lanagers of the
same undisposed of, and that unless tlie time for carrying on said I^ottery he
lengthnod out, the design of said Grant will be wholly frustrate. Therefore
Ordered That the further term of six Months from the first day of December next
be allowed for carrying on said Lottery under the conduct of the same Jlanagers
and according to the regulations contained and prescribed in the Act for granting
the same: and the Commissionors appointed for transacting and finishing the
Affairs <)f said Company are hereby directed to forbear issuing any further assess-
ment against said Company until the cxiiix'atiou of said term, unless they have the
express order f)f the General Court therefor. In Counoil Read and Concurred Con-
sented to l)y the Governor." — Ibid., p. 130.

See, also, note to chai^ter 35, j^ost.

Chnp. 20. " Ordered that an Act passed in the said Province in Feb^y 1760, for reg-
ulating Fees b(! taken into further consideration Friday the 25U» Inst, and that the
Agent for the Province have notice to attend on that day.

S.\NDYs."— " Trade Papers," vol.
03,/). 229, ill Public-Record Officr.

"Friday April 24, 1701.
At a Meeting of His Maj'J"* Comissrs for Trade and Plantations
Present
Lord Sandys.
M"" Jenyns. Mi" Yorke. M"" Bacon.

Their Lordships took into further consideration an Act passed in the Province of
Massai'hnscis Bay in F(!bo' 17()0 for regulating Fees and M'' Bolian, Agent for the
said Province attending without, pursuant to Order, ho was called in ami the
points upon which tlie Act appeared to their Lordships to be liable to objection
liaving be(Mi fully stated to him, he said that lie was not prepared at |n-esent on
account of a close attoudanoe ujion the Treasury Board, to answer to those Objec-
tions, but urged sonu" Argum(>nts to shew the Expediency of a new Regulation
of l-'ees, wliieii their Lordships observed to him was not at ]iresent the Question
bcfori' tlioin, & therefore it was agreed that the furtlier consideration of the Act
HlioMJd be jKistponod to Tuesday the Ti"' of May when M^ BoUan was desired tc
attend preiiarcd to answer to those Ol)ie<-tions wliicli had been stated to him.

SA^v\-s:'—Ibid.,p. 2.16.

" Wednesday May 6. 1701.

At a Meeting of his Maj'> "<■ Comissrs for Trade and Plantations.

Present

liord Sandys.

Mf Stone. Si- Va\. Tlioma8. M' Yorke.

M' Bacon. M"^ .Jenvns. M'' Rice.

• * » ' * • •

Their I^ordsliips took into furtli(>r consideration the liaw of the Maasachnseta
Bn>kf(ir reguiatiuii I''ees and M^ Bolian the Agent attending witliout, jiursuant to
Order, he wiis i-alli-d in and aeqnainted their Lonlships that lie was unabl(' fnun
Croat inilispositiiui In enter largely into tlie Tiierits of the Objootions stated by their
Lordships to lb(> said .\ot and sbunld only obserxe in general that the ( Juvormiient.
f>f Massaidinsi'ts Piay, liaving by tlieir Charter a froi^ ami unrestrained power of
legislation, they wonM never oonsenl to the inserting suspending Clauses in any

[XOTES.]

Province Laws. — 17o9-60.

85;i

Acts to be passed by tbein, and bad nover done it in any one instance, that he
would liowever acquaint tli(>ni with tlio Biiard's Objections to this Act and lioped
it miglit lye by untill ho had an Opiiortunity of consulting his Constituents upon it.
Ml" Bollan l)ein,!:j ordered to withdraw their Lordships agreed to postpone the
further consideration of the Act to another opportunity and the Secretary was
ordered to acquaint M"' BoUau therewith.

• «»*«*

Sandys."— 76id., p. 240.
•' Leicester Square, May 8'h IKJI
Sir The Lords Coiuiss"^ for Trade & |)lanta' liaving under their consideration an
Act passed by the Gen' Court in Feb'^y 17(10, for regulating fees, on the 24"> of last
month, pursuant to their directions, I atteniled their Lordships, when Lord Sandys
told me they had these two objections to the act. (!«'), that "altlio a teuii)orary act,
it repealed "a perpetual act of the 4"> of Will'" & Mary, chap'' 17. (2) that the per-
petual ac't Iraving had tli(! royal approbation, an act for rejiealing it ought to have
contain'd a clause suspending its force & execution until the King's determination
tliereupon was declared. A few things were then said wherein some of the lords
seera'd to suppose these objections unanswerable. After observing that a new
establishment of money, with the changing circumstances of a new country,
re(iaired a new table of fees, I desired the matter might be deferr'd til I cou'd
consider the present act, and all the former laws relating to fees, together with
their lordships objections, as this Act had never been transmitted to me, and I was
wholly a stranger to it when I received their directions to attend; and after some
time spent hereupon the matter was put off accordinglj'.

******

The day before yesterday being apjiointed for hearing any thing that I might have
to offer respecting the act for regulating fees, upon my being called in lord Sandys
told me that in favor to me, who they understood had been indisposed, they wou'd
require mo to speak onlj^ to the two points of the act's being temporary, & want-
ing a suspending clause. ' In case I had thought it a proper time for entring into
the consideration of the matter at large, I shou'd very gladly have declinetl this
favor to myself, and after briefly taking notice that forms were introduced for the
sake of substance, and that if the act, as it appear'd to me, wfis founded on the princi-
ples of equality & justice, and was render'd necessary by the present circumstances
of the province,! conceived its merit in these particulars was a reason for its appro-
bation. I then proceeded to observe that if their lordships were inclintKl to intro-
duce the use of suspending clauses in certain cases, and to declare that the present
act, without considering its merits, ought to be disallowed for the want of such
clause, this was a matter which so nearly affected the province's power of legisla-
tion that I must earnestly pray their lordshijis to postpone the consideration of the
affair so that I might have time to give proper notice to the Gen> Court, & receive
their instructions liereupon. In support of this motion I observed to their lordships
tliat, as I understood, the province now & at all times since their constitution was
form'd by their present charter conceived the Gen' Court was well entitled to the
free exercise of their authority in making such proper laws as the welfare o:
the province from time to time in their judgment required, which laws were to take
iihediatc effect, that the power of repealing their own laws was likewise unre-
strained, and that there had never yet been an instance of a suspending clause
being inserted in any Act. Upon my mentioning this last point, M^ Pownall, who
had before observed to their lordships that there was an alternative, which was, to
send over the draught of the act before passing it, to whom one of the lords replied
that was the same thing with the suspending clause, now said that the draiight of
one act had been sent over here which related to the proceedings of the Comiss'^^ in
cases of bankrupts, after observing that altlio' I had never heard of this draught
being sent over before, yet I supposed this was a special case, and probably owing
to the extraordinary difficulties that attended the2<iiis'^ repeal of the act that had
l)efore passed against bankrupts; and this being iuicdiately agreed to be the case, I
then observed that precedents in these cases being always readily cited, it was proper
before making another forme to acquaint the Gen' Court with this matter, especially
as I had never received any instructions from tlicm hereupon, nor ever been in any
manner concerned in this question — jVfter with drawing & waiting a considerable
time Mr Pownall came to me, & told me that their lordships wou'd not now proceed
in order to come to any determination upon the act; but that it shou'd lye by for
further consideration.

I writ(!in more haste than is agrec^able, and cannot at present recollect any thing
further that is material to be said on this occasion, save that their lordships in the
course of this affair seem'd to have their eye more on the suspending clause than
tlie other point, and appear'd to speak froni premeditation, and that I am satislied
they will confine their future consideration to the two ])oints aforementioned, pre-
.suciiing at the sainc time that they will defer the matter til the Gen' Court's instruc-
tions herein can be re('eived.

I am with the greatest respect for the hoiible House of Representatives

sir your most obed' &, most humble servant, W Boll a^."— Letter

from the 'Aqont, to Secretary Oliver : Mass. Archives, vol. 22, p. 190.

" Boston Nov 28"' 17G1

S' The General Court have had under Consideration your Letters of the 8U' May
& 1.'!"' June last: the first relative to the objections made by the Board of Tratlo to
the .Vet of said Court for regulating Fees: » * • • •

With resi)ect to the Fee-.Vct, the Ohjcctions are —That altlio a temporary Act it
repeard a perpetual Act: That repealing a perpetual Act, that li.^d had the royal
approbation, it ought to have contained a clause suspending it's effect till the King's

354 Province Laws.— 1759-60. [Notes.]

determination thereon was declared. —In re<Tard to the first Objection it may be
ohserved, tliat it is no new thing for the General Court to make temporary Acts that
. suspend the effect of perpetual ones: And the iicrpetual Act (in particular) for regu-
lating fees has been frequently suspended by temporary Acts appointing different,
fees: And these temporary Acts having never been disapproved by his Majesty, the
Gen' Court, could not suppose that any objection would lie against the new Act on
account of it's l)eing temporary: And the varying circumstances of a new Country
(as yon justly observed to the Lords Commissioners for Trade & Plantations) may
furnish a good reason for the alteration of the Fees; & for the Act being made
temporary: and it may be presumed that their Lordships themselves luay look upon
the Gen' Court as no incompetent Judges what the circumstances of this Province
require.

With respect to the other objection about a suspending Clause, the General Court
apprehend their Lordshij^s would not have made it, if at the same time tliey had
recollected those clauses of the Province Charter that relate to the making Laws, &
the continuance of their force and effect: the Laws made being to continue in force,
in case his Majesty shall not signify his disallowance within the time limited, ' until
the ex]>iratiou of such Laws, or that the same shall be repealed by the General
assembly.' —

As you are perfectly acquainted with the Province Charter, & the legislative
Power of the General Court, 'tis needless to enlarge on this head; but I am to
inform you, that it is an Instruction of the Gen' Court, and they hereby instruct
you, to support the Fee-Act aforesaid; and more especially defend to the utmost
the General Court's Power of Legislation in it's full extent according to the afore-
said charter. — As to the sending over the draught of any act previous to it's
passing, it is equivalent (as their Lordships justly observed) to a suspending
clause, and therefore inconsistent with the Rights granted by charter. Nor lias
there been any precc-dent of this kind: the draught of the act relative to the pro-
ceedings of tlie Comissioners in cases of Bankru]itcy being sent over (in his Single
capacity) by Governor Pownall; who did not incline to give his Assent thereto till
he knew his Majesty's pleasure." — Letter from the General Court to Agent BoUan :
Ibid., p. 220.

Chap. 28. " March 22, 1760. M' Bacon from the Hotise came up with a message
to the Boiurd to propose to come to the Choice of Collectors of Excise on Spirituous
Liquors by Joint Ballat of the two Houses on Tuesday next 3 o'clock Afternoon.

Joseph Pynchon Esq'' from the Board went down to the Ifouse of Representa-
tives to acquaint them that the Board Agree to the Proposal of the House to choose
Collectors of Excise on spirituous Liquors on Tuesday next."— Council Records, vol.
XXITL, p. 289.

" March 25, 17G0. Oliver Partridge Esq' from the House of Representatives
came up with a message to the Board to acquaint them that the House was to pro-
ceed to the Choice of Collectors of Excise by Joint Ballot with the Board pursuant
to the Agreement of the two Houses on the 22^ Instant

Benjamin Lincoln Esq'' from the Board went down to the House of Representa-
tives with a message to inform them that the Board were ready to jiroceed to tho
Choice of Collectors of Excise as proposed.

The Vote of the two Houses were accordingly brought in for each County seper-
ately, and upon sorting and Counting tho same it Appeared that the following
Gentlemen were chosen viz*

For tho County of Suffolk Mi" Thotuas Fletcher

For the County of Essex Daniel Ejk's jun"" Esqf

For tho County of Middlesex M'' John Remington

For the County of Ham])shiro M'" Gad Lyman

For tho County of ^Vorcester Gardner Chandler Esq'

For the County of Plymouth John Cushing jun'' Esq""

For the County of Barnstable Mi" Daniel Davis

For the County of Bristol M^ Seth Williams jun""

For tho County of York M"" Daniel Clark

For Dnkcs County John Norton Esq'

For the County of Nantucket M^ Thoiuas Arthur.

Tiie foregoing J^ist licing laid before the Governor his Excellency was [tleased to
sign his Consent thereto." — Ibid., p. 2'.)5.

"June 11, 17(10. The memorial of Daniel Epes jvin'' Setting forth that he was
chosen Collector of Excise in tho County of Esse.x for the Year IT.^.S, & 17.">!>. and
has discharged that Office with faithfulness to the Government, according to his
Ability has likewise been at great Expence in going through the County twice a
Ye.-ir on said serviiv*. and has more tlian Six bnndred Aci-ounts to settle in a Year,
and the Oalh to Administer as many tinu's, and doulile that Number of Keceipts to
give and is allowed only two ^l-" Cent for Collecting ;in(l paying in the same— Your
memorialist therefore Prays that an Addition of Oin' ||'('ent niay be allovred him
for Year IT.'t.H, and 17.">'.» for Collecting and paying in the sam(> to the Tri'asnr>-.

In tli(> House of Representatives; Read and Ordered, That the I'etilioner bo
allowed for Colleeiing tlw? Excise for the County of Essex, from March 2(i"' 17.V.)— to
the 2C."> March ITCo, ()n(> ||'' Cent, over and above th<^ two [I' Cent uln-ady allowed
by I>aw Ordcreil Also that tho Petitioner bo allowed three H^ Cent in the whole,
for (Collecting said Excise tlie Current Year. In Council Read and Concurred Cou-
Bcnted to by the Lieutenant Governor."— //)/(?., p. 4'2'.i.

"Dec. 22. 17r.O. A Petition of Mnflhew Patten of North Yarmotith, in the
County of York -Setting f..rtli that lie liail the Misforlnne in (he .Month of March
last to huvo hi.s Dwelling House consumed hy Fire, with the Chief part of his Kur-

[Notes.] Province Laws. — 1759-GO. 355

niture, and a considerable sum of Money, that lie had a License for retailing stronjf
Liquors, and stands indebted to tlio Excise Master for said County, the sum of Five
pounds, six sliilliugs and (uj^ht ponce, for Duties of Excise— ho therefore Prays
tliat the said sum may be remitted him.

In the House of Representatives, Read and Ordered that the Collector of Excise
for the County of York be, and he is hereby directed to discharge the Petitioner,
the sum of five pounds, six shillings, and eight pence, in consideration of his Loss
as above mentioned. In Council Read and Concurred Consented to by the Gov-
ernor."— Ibid., p. 519.

"Jan. 10, 17G1. In the Ilouse of Reproscniativcs; Whereas M"" Daniel Clark was
Chosen by this Court to Collect the ICxcisc in the County of York for one Year,
ending the 2(i"' of March next; but l>y Kcason of a late Act of this Government,
dividing of the said County into three;, some iloul)ts have arisen whether tlu; Power
of said Collector now extends to linisliiug his tkillection in the said two New
Counties; Therefore Voted, That the said Daniel Clark be, and he hereby is fully
imjiowered and Authorized to proceed to finish his said Collection, the Act for the
Division of the County Notwithstanding. In Council Read and Concurred Con-
sented to by the Governor." — Ibid., />. .")!)•_'.

" Jan. 14, 1761. A Petition of Jonatlian Whiti; of Springfield— Setting forth that
he has for several Years past Emjiloyed himself in Distilling Cider into Spirits, for
himself and Neighbours, and thereby as he has bccu informed, subjectetl himself
to the Penalty of the Law for selling spirits Distilled without License, Praying bo
may not be subjected to any Penalty for selling the spirits extracted fronj Cider,
his not having License Notwithstanding.

In the House of Representatives; Voted; that the Prayer of this Petition be so
far granted as that upon the Petitioners paying the Duties of Excise upon the
Spirits by him Distilled mentioned in srid Petition, to the Collector of the Duties
of Excise in the County of Hampshire, the said Collector be directed not to prose-
cute the Petitioner for any Violation of the Law. In Council Read and Concurred
Consented to by the Governor." — Ibld.,ii. .598.

"Jan. 17, 1761. A Petition of John Cushing junf Setting forth that he is
appointed Collector of Excise for the County of Plymouth and has been at Great
expence in Collecting the same, as at the end of the first Six months he went into
all the Towns thro' the County tor that purjiose, that his charge for the last six
months will not fall short of the first, so that after his Charges are deducted little
will remain for his Trouble,— Praying an Additional allowance of one ^ Cent
may be allowed for the Year 175'.), and also for the present Year.

In the House of Representatives; Read and Ordered that the Petitioner be
allowed one ^ Cent over and above the two \^^ Cent already allowed by Law,
from March 26: 1759, to March 26: 1760. Also the same tor the Current Year. In
Council Read and Concurred Consented to by the Governor." — Ibid., p. 610.

"Jan. 19, 1761. A Petition of John Remington of Watertown— Setting forth.
That in the Year 1758 he was, and ever since has been Collector of the Excise for
the County of Middlesex and never has had Init two per Cent for collecting the
same, that he is put to great Cost and Charge in riding over so large a County to
Collect the Excise— Praying something more may be added for his time and trouble
in Collecting the same Excise.

In the House of Representatives; Read and Voted that the Petitioner be allowed
one per Cent over and above the two per Cent alreadj' allowed by Law, from
March 26'h 17'60, to March 26: 1761. In Council Read and Concurred Consented to
by the Governor." — Ibid.

" March 26, 1761. William Lawrence Esq"" from the House came up with a Mes-
sage to the Board proposing to come to the choice of Collectors of Excise for the
ensuing Year at ten o'clock to morrow Morning.

William Brattle Esq"" from the Board went down to the House of Representa-
tives with a Message to acquaint them that as the Power of the Collectors for the
last Year was now expired, the Board would jiropose that the choice of those Ofii-
cers might come on this day in the Afternoon, in Answer whereto Col^ Clapp came
up with a Message from the House to acfiuaint the Board that the House Agreed to
said Proposal.

Colo Clapp from the Ilouse came ui) again with a Message from the Ilouse to
inform the Board, that they were ready to procecil to the Choice of Collectors of
Excise, as had been Agreed by the two Houses; whereupon the Board appointed
Samuel Watts, Ichabod Plaistead and Nathaniel Sjiurhawk Esq™ to join with such
Committee as the House shall ajipoint in sorting and Counting thi; Votes. The
Votes being accordingly brought in, sorted and Counted, it. a[)i)eared that the fol-
lowing Persons were chosen by a Major Vote of the Electors, to all which his
Excellency signed his Consent and Commissioned them accordinglv. Viz'

For the County of Suffolk M^ Thomas Fletcher

For the County of Essex Daniel Epes jun'' Esq' \

For the County of ^liddlesex M'' John luMuiugtou

For the County of Hampshire M' Gad Lyman

For the County of AVorcester Gardner Chandler Esq'

For the County of Plymouth M^ Nathaniel Little

For the County of Barnstable Nathaniel Stone Esq'

For the County of Bristol M' Seth Williams junf

For the County of York M"" Daniel Clarke

For the County of Dukes County M' Jonathan Allen

For the County of Nantucket M"" Obed Ilussey

For the County of Cumberland M^ William Livermore

For the County of Lincoln M"" Jonathan Bowman."

—Ibid., p. 666.

356 Province Laws. — 1759-60. [Notes.]

" April 18, 17G1. A Petition of John Larrabee Lieutenant of Castle "SVilliam
Setting fortli— That he hath resided at said Fortress for Forty Years and upwards,
during which lime it hath been the priviledge of the Person in his Station to supply
tho Garrison, and transient People with Spirituous Liquors, besides which, his
entertaining of Strangers of better Rank has been somewhat expensive to him.

That he imagines it was not the Design of tho Government to make him charge-
ablt' with tho Duties of Excise, tho' by the letter of the Law the Collector thinks
himself l>oun(l to demand it of him And Praying that he may be relieved.

In the House of Representatives; Voted that the Prayer of this Petition be so far
granted as that the Collector of the Excise for the County of Suffolk be, and is here-
by <lirected not to demand of the Petitioner any Excise on Sjiirituous Liquors used
or disposed of by him by Retail at his Majestys Castle W™ and that he be freed from
all ol)ligations to i)ay the same In Council Read and Concurred Consented to by
the Goveiaor."— Ibid., ]). 757.

" Feb. 0. 17()2. A Petition of Jacob Joy of "Weymouth — Setting forth That at the
desire of Tuany People in a time of Sickness he had sold Rum in the said Town,
having obtained the Approbation of the Selectmen, but had not a License from the
Court of Sessions, That tho Collector of Excis for the County of Suffolk hath
prosecuted him for breach of Law and recovered of him upwards of Twenty four
pounds, And Praying that he may bo relieved.

In the House of Representatives Read and Ordered That the Prayer of the Peti-
tion be so far granted as that the Collector of Excise for the County of Suffolk be
directed to remit unto the Petitioner the Provinces part of the Fine on the several
convictions mentioned in the Petition, tho Petitioner first paying Two pounds, six
shillings and eight pence being the duty on 70 Gallons of Ruin and Spirits sold by
him— in Council Read and Concurred Consented to by the Governor." — Ibid., vol.
XXIV.,p.23.i.

"Fell. LM, 17G2. In the House of Representatives; The House being informed
that M'' William Livcrmore who was appointed by this Court to collect the Excise
on spiritons Liquors in tho County of Cumberland the last Year dyed before he had
entered upon that Service, and also that the .Tustices of the Court of General Ses-
sions of tlic I'caci? for the County of Cumberland had omitted tho appointing of a
Collector in tho room and stead of tho deceased for which reason the Province is in
danger of loosing the Excise of the County of Cumberland for the last year unless
prevented l)y this Court Court, Therefore Resolved Tliat Theophilus Bradbury the
Collector of Excise for the ensuing Year in the County of Cumberland bo, and he is
hereby directed and impowered to collect the Excise in the Cotmty of Cumberland
which the said deceased (if he had survived) should have collected in as full and
ample n)anner to all intents and purposes as the said deceased could or ought to
have done, and account with the Treasurer of the Province for the same.

In Council Read and Concurred Consented to by the Goveinov." —Ibid., p. "285.

" June 5, 17(>i-'. A Petition of Bihlad Fowler of NVestfield— Setting forth. That on
the lO'h Ajiril 17r>9, Ho imported from Connecticut One hogshead of Rum and on
the 2'' of May following one other hogshead of Riuu which ho sold to two several
Innholders in the County of Hampshire, and about the same time he imported
three other hogsheads of *Rum which he likewise sold to two other Innholders in
tlie said County, all which was contrary to Law but not intended to defraud the
Government of the Excise, inasmuch as tho purchasers paid tho same; and for
whi(;h he is prosecuted by the Collector of Excise in the said County, And Praying
that lie may be discliarged of the Penalties he has incurred thereby.

In the House of llcprcsentativcs Read and Ordered Tliat this Petition be revived:
and it appearing that tho Duties of Excise upon the Liquors within mentioned
have been duly paid. Resolved That tho Petitioner be discharged from any pa\-
ment on the Bond within mentioned so far as it may respect or contain any Fini> or
Forfeiture due to the Government. In Council Read and Concurred Consented to
by tlie Gov(!rnor."— 7^)/iZ., p. 406.

" Juno l.'j, 17()2. A Petition of Michael Malcolm of George Town in tho County
of Lincoln— Setting forth. That some time tho last Fall, ho inadvertently sold ji
barriill of Unni to an linilinlilcr lawfully li<'(>nscd not knowing he was in the brcacli
of the Law for so doing And Praying the comiiassionato consideration of the Court
witli regard to tiie iicnalty which Ik; hath thereby incurred.

In the House of llciiresentatives, h'csolvcd That the Prayer of the Petition be so
far granted as that tliat jiart of the jienalty which accrues to the Province from
said Forfciliuc to remitted to tho Petitioner— In Council Read and Concurred
Consented to liy the fjovcriior." — JhiiL,p. 41:!.

"June 1."). lT'(i2. A Petition of Allan Malcolm of George Town— Setting forlli.
That sometime the hist Fall lie inadvertently sold a barrell of Uum to an IniihoUlcr
lawfully licensed, not knowing tliat lie was in the breach of the Law fi»r so doing.
And Trayiiig the compassionate coiisiileration of tho Court with regard to the
penally of thi! Law which he liath tlicrchy incurred.

In the IIoiis(^ of Hcprcsentalives Kesolved That the Prayer of the Petition be so
far granted ns that that part of the P(>nalty which accrnes to the Province from
sail! Forfeiture be remitl(^d to the Petitioner— In Council Read and Concurred ("on-
sen led to by the ( lovernor." — //j/(/., />. IH.

".Inne l.T, 17112. \ Petition of Samuel Leo of Groat Barringfon— Setting forth
That He hail for several Years lieen an Innholder in Upper Sheftield now (Jreat
Barriii'jton 'till August I7(ii) when lht> f^electmen of Sheftield refused to approbate
liini: tliat there being no I'nlilic House near him, he supplied divers Soldiers witl>
Rum for which lie volunlarily li.id paiil the Excise, so that the Government was
not defrauded, and I'raving that lie may be excused from the Penally of the Law —

In tho House of lJe|ueseuialives (12"') Read and Ordered That tho* Prayer of the

[Notes.] Puovince Laws.— 1759-GO. 357

Petition 1)0 so far granted, that the Petitionor he iliseharsed from the Penalty for
selling strong Liquors, within mentioned so far as it helonga to the Province.

In Council Read and Nonconrurred." — IbUL, )>. 445.

"June If), ITi!'-'. A Petition of Joseph Clark of Blanford— Setting forth, That in
the Year ITiiO IIo purchased a licensed House and purchased a harrell of Hum, hut
heing sick in August when lit; should have ai)plied for a License, he did not renew
the license, and his House lying in the Road used hy the SoI<liers sold the same
outtothcin: And he hought tlu; saiil Rum of a Retailer who had i>aid the Duties
of Excise thereon — Praying that ho may ho exempted from the Penalty of the
Law —

(12"') In the House of Representatives Read and Ordered That the Prayer of the
IV^tirion bo so far granted that the Petitioner ho discharged from the l'(!nalty for
Selling strong Li(piors wilhin mentioned so far as it belongs to the Province.

In Council Read and Nonconcurred" — Ibid.

" June 15, 17()2. A Petition of James Saxton of Shonield— Retting forth. That he
hath for several Years been an Innhoklcr in said Towu but did not renew his
License in August last, although lie afterwards sold out two Quarts of Rum to
Soldiers on their March, And Praying tliat ho may be exempted from the Penalty
of the Law —

In the House of Representatives (12">) Read and Ordered That the Prayer of this
Petition be so far granted, that the Petitioner bo discharged from the penalty for
selling strong Licjuors within mentioned so far as it belongs to the Province.

In Council (r2">) Read and Nonconcurred." — Ibid.

Chnp.">0. "A fire broke out in Boston ou the twentieth of March, and raged
with such violence, that, in about four hours, it destroyed nearly a tenth iiart of
the town." — Holmes's Amo: Anmdf!, vol. 2, p. 251.

The measures taken by the Assembly for the relief of the sufferers by this fire,
and other particulars relating thereto, are reserved for the Appendix.

" March 22, 17G0. The Secretary by order of his Excellenc5' the Governor deliv-
ered the following Message to the two Houses respectively

Gentlemen of the Council and House of Representatives

As the late Fire in the Town of Boston hath laid Waste a Quarter that is ex-
treemely well Situated for carrying on the Trade of this Metropolis of the Province
if some effectual measures wer(! taken to regulate, and Widen some of the Streets
which now lye desolate, and to Open any'Xew Streets or Lanes that might be
judged useful, and to prevent the more effectually the building with Wood: I
should hope in course of time that this ruinous Quarter of the Town would be
rebuilt in such manner as to make it as Safe beautiful and commodious as any part
of the Town whatever; and in the end prove an Encouragement to the Trade and
business of it.

The Parliament of England in their Wisdom thought fit after the Great Fire
which happened in London in the year KIGG, to Enact a Law for rebuilding the City
many of the Regulations mentioned in that Law must suit the present Case of the
Town of Boston. The Lord Mayor, Aldermen and Common Council were impow-
ered to lay out Streets: and adjust any differences that might be occasioned
thereby, to regulate the Buildings, and prevent exorbitant prices of Materials and
Workmen. I would recommend it to your Serious consideration whether some of
the magistrates or Selectmen of this Town might not with Propriety be Vested
with some of the like Powers for carrying into Execution so useful a i3csign here.
March 22^ 1760— T: FowsALh."— Council Records, vol. XXIII.,'p:2SS.

" March 25, 17G0. In the House of Representatives The House agreeable to the
Order of the day entered into the consideration of his Excellencys Slessage of the
22<i Instant and after a debate — Voted That the IMembers of the Town of Boston
together with M^ Higginson, M'' Hatch, and Cap' Goldthwait with such as the hon-
ourable Board shall appoint be a Committee to take the said Message under consid-
eration and report.

In Council Read and Concurred. And his Honour the Lieu' Governor, Jacob
"Wendell, Benjamin Lynde, Andrew Oliver, James Bowdoin, and Peter Oliver Esq"
are joined in the Affair." — Ibid., p. 2'.)G.

" April 24, 17G0. A Petition of Charles Paxton Esq"" and others — Setting forth
That there were divers Tanyards in that part of the Town that was latly consumed
bj' Fire, that the Buildings a]iiiertaining to them were bilrnt, and larger streets are
now la3%ig out there, wliich would induce persons to Iniild good Dwelling Houses
in said Streets in case the Tanyards could be removed. And Praying the Interpo-
sition of the Court for that purpose.

In Council Read and Ordered Tliat William Brattle and James Bowdoin Esq"
with such as the honourable House shall join be a Committee to consider of this
Petition and report.

In the House of Representatives Read and Concurred and M' Flucker M' Russell
and Mr Tyler, are joined in the Affair." — Ibid., p. .'?<i5.

" April 24, 1700. In the House of Representatives Ordered That the Committee of
both Houses appointed to regulate the Buildings in the Town of Boston and to
apply home for relief &c be directed to sit forthwith. In Council Read and Con-
curred."—TJirf., p. '.W>.

" April 25, 17G0. The Committee appointed Yesterday on the Petition of Charles
Paxton Esq"" and others, for removing certain Tanyards in the Town of Boston
made report.

In Council Read and Accepted, And Ordered That the further consideration of
this Petition be referred to the second Wednesday of the next May Session; and
that it be an iastmction to the Persona impowered by an Act of tliia Court to regu-

358 PROVINCE Laws. — 1759-00. [Notks.]

late the Streets & BniUIinss latl y laid "Waste by Fire, not to suffer or grant Periuis
sion for erecting any BnihliiiLrs on the premisses in the mean time.

In the House of llepiL'sentatives Read and Nonconcurred and Ordered that this
Petition be dismissed."— 76(ci., p. ;>G7.

" Aug. 15, 17(iO. A Petition of James Dalton of Boston, in the County of Suffolk
Mariner, Setting forth, that tho' he had no Buildings consumed by the late Fire,
yet the Dauiagc he has sustained by demolishing his Buildings to prevent the
spreading of the Fire Amounts to near One hundred and fifty pounds Lawful!
money, That this is a small DaMia^i' compared with what ho is like to suffer by
having the Street laid out, from the Head of Leverets Lan(; at King street, down to
Water street, and th*ough j'our ^Slcmorialist's land, lying Eastward of his Dwelling
House, as the Committee for laying out Streets have it, and which has been Con-
firmeil, by tlic Great and General Court — That he would not pretend to complain
of the running of the Streets as it is now stated, barely on his own Account, but he
is well assured, that he is able to make it evident that if the Street was to run
as it was at first laid out, by the HoniJis Committee, which is about 2tj feet further
Westwardly than where it is now laid out, the Expence to tho Town would not be
so great and all the Estates abutting on both sides of the Streets, and upon Atkin-
sons Street also will be much benefited, for hereby the Street will be strait upon
the West side and runing across Milk street, so joins with Atkinsons Street, as
exceedingly to add to the Beauty and Convenience of the same, from the North
side of King street, down a great way into Atkinsons Street, and it would save
great Expence to the Town, for if the street runs as it is at present stated, it will
take full two Thirds of the Rev" Mi" Brighams Estate out of tho Middle, and leave
two small useless strips of land, one to the ^Vest of the strirct, and another to the
East of it, and as this street is to run through that Part of the Town, which has
been, and will be most full t Business, it will be of more General Convenience, to
all Persons in Genei-al, both in Town and Country, with regard to the Private
Interest of the Memorialist, he begs leave to say, that if the street should run, as it
was at first laid out, thro his iMessuage, in tluxt Case it takes IGG feet in length,
and 35 feet in Bredth through the Middle of his land, which seems no small Hard-
ship, as the Fire never touched his Estate — Wherefore your memorialist pravs
Relief,

In the House of Representatives Voted that Francis Borland Esq"" William Hall,
and Joseph Calef be notilied to shew Caiise (if any they have) at three o'Clock this
Afternoon, why the Prayer nf the Petition should not be granted. lu Council Read
and Concurred In Council Read again, and Ordered that this Petition be dismissed.

In the House of Representatives; Read and Nonconcurred and Ordered that
the Committee heretofore appointed to lay out the ways, be impowered to alter the
street agreeable to the Prayer of the Petition, if they judge proper, the Law in that
Ciise Notwithstanding.

In Council Read and Nonconcurred." — Ibid., p. 496.

" Dec. 21, 17G0. On the Petition of James Dalton, as entered the fifteenth day of
August last.

In the House of Representatives; Read and Ordered that the Committee hereto-
fore ap]iointed to lay out the Streets in the Town of Boston, be impowered to make
the Alteration, agreeable to the Prayer of the Petition, if they judge proper, tho
Law in that Case Notwithstanding.

In Council Read and Concurred and further Ordered, that the said Committee
do Consider the Petition of Francis Borland Esq""; or the Application of any other
Persons against tho Praj-cr of this Petition.

In tho House of Representatives; Read and Concurred Consented to by the
Governor."— 76i(/., p. 5.1'.).

Chap. 31. " Jan. 12, 1750. A Petition of Cornelius Tarbell of Danvers in tlic
County of Essex — Setting forth That He liath several Tracts of Land so situatotl
and intermixt with Lands of his Neighbours; that it is agreed by all Parties to bo
most (;onvenicnt to inclose tho same into two coujmon Pastures: but that he has
found by long Experience that his Neighbours will not suliject themselves to any
just Rules for tlu! e(]uitalite Inipro\enient of said I^ands in proportion to tiieir
several Interests. And Traying that some Law be enacted for the reguhition of
this and tho like Cases. * ^

In the House of Hepresentatives Read and Ordereil That the Petitioner servo tlic
severjvl Persons interested in the Lands menti(Uied with an Attested eoi\v of this
Petition, that they shew cause (if any they have) on Friday the I'.i''' Instant, if the
Court be then sitting, if not, on tiuj first Friday of their next Sitting wliy tiie
Prayer thereof should not lie granted. In Coumil. Read and Concurred." — t'lonxH
Iirn,i(h, vol. Xyil.,p. 484.

" Mareli 19, 175'.i. A Petition of Cornelius Tnrbell — Praying as entered the TJ"'
January last.

In Coiineil Rea<l aRain together with the answer of Ebenezi^r Noiirse and Otliors.
And Ordered That Isaac Royall Esi] with such as tho honourable House shall join
be a Committee to take the same under consideration, and rej)ort what they judge
])roper for tho Court to do thereon.

In th<> House of Representatives. Read and Concurred & Col" White and Col"
Ibickminster are joined in the Affair." —7 '»/</., p. (iOS.

"March 'j:!, 1759. Tlie Cominittee appointed the 10"> Instant on tho Petition of
Cornelius Tarb(>ll n^portcd their oi)inion — That tho Prayer of tho Petition bo so

• Sic: through? f Sic: "of" omlttad?

[NuTEs.] Province Laws. — lTo*J-GO. 359

far Rranteil as that the Petitioner have liberty to bring iu a Bill to remedy the Inoon-

vonicnces in said Petition nicntioiictl.

In Counoil. Read anil OiiIltciI That tliis Report be accepted, and that the Peti-
tioner have leave to bring in a Bill accordingly.

In tlio House of Representatives. Read and Concurred." — Ibid., p. 621.

" Prov. of the Mass'» Bay (
in New England ) To his ExcelJ Tho' Powual Esq' Capt" Gen"' & GoV

in Chief in & Over The Province aforesaid

To The llonbl The Council & House of Repres(Mitatives in Genl Court Assembled

John Turner of Salem in y-' County of Essex Humbly Shews.

That lie and Tiiuothy Fullar of Aliddleton in y" County of Essex, are Tenants
in CoMion of The Island iu Saleiu aforesaid (Jall(!d Bakers Island About a Quarter
Part whereof belongs to y said Fullar and the rest to your Pef

That The Island Contains Alxmt Sixty Acnes, and The be.st, & Indeed y« Only
Advanta;o;ious Method of luii>r(.pv(ing it, is by Iceiling Cattle Tliereon and So it has
hcon Improved, but the Said Fullar.'hitberto has iiut More tliau his .Tust Proportion
Thereon, And will not Agree To Stint y" Island, Sell his Interest Therein, or pur-
cliase your Pet'*, And their Interests Cannot l)o keept Seperate by fenceing, because
the Sea, in Storms, Beats down & destroys all Fences, That have, or Can be made.
So That Yotir Pef is in danger of Looseing great i>art of his Interest in y" Island
aforesaid Unless Relieved by Your Excel-^ & Hon'*

Wherefore be humbly Prays That The Sujicriour Court of Judicature &c IMay
be Impowercd, Upon Application Made to them ])y Any One of y<= Propriators of
yo Island afores*! Setting forth That they Cannot 'Agree upon the Proportion of
Cattle Each propriator Shall put or keep on y« Island aforesaid To Feed, To Appoint
a Coinittce of Three or More persons. Under Oath to Settle y'^ proportion & Deter-
mine the Number of Sheep Horses or Othere Cattle Each Propriator Shall put or
keep on the Island afores'i To feed there. According to his Interest Therein, liave-
ing regard to the Quality as well as y^ Quantity of land Each propriator Owns, and
that the report of That Coiiiittee, or y« jNlajor Part of them Accciited by y Court
& Recorded There May be the Rule by wliicli Each Propriator Shall be Obliged,
Under Sufficient Penalties to govern himself, Until y^ Farther Order of that Court,
Or that Your Excely & Hon" Would Otherwise releive Your Pef in y« Premises,
as in Your wisdom You Shall Judge best. And Your Pef &c.

John Turner.

In the House of Repines Feby. 13. 1759 — Read and Ordered that the Pef serve the
other Proprietor within named w"i a Copy of this Pet° that He shew cause if any
he hath on the second tbursday of the next Sitting of this Court why the Prayer
thereof should not be granted

Sent up for concurrence
In Council Feb? 13, 1759 T. Hubbakd Spk^

Read & concurrd

A. Oliver Sec.

In Council March 8"» 1759 Read again together with the Answer of Timothy Fuller;
and Ordered That Isaac Royall Esq together with Such as the Hon'-^ House shall
join be a C'-mmittee to take the Petition and Answer under Consideration hear the
Parties and report what they judge proper for this Court to do in the Affair ,

Sent down for Concurrence

A. Oliver Sec.

In the House of Repine" March 9 1759.

Read and Concurd and Col" Buckminster and Col° White are Joyned iu the Affair

T. HttiBAKD Splc

In Council March 23'''i 1759 Read & Ordered that the further consideration of
this Petition be referred to the second Wednesday of the next sitting of this Court
sent down for Concurrence

Tho" Clarke Dp*? Secfy."
—^fass. Archives, vol. 105, p. 598.
" Province of the j

Mass* bay | To his Excellency Thomas Pownall Esq'' Captain General &

Governor in Chief the lion'^''' the Council and bon''l<= house of Representatives of the
said Province in General Court assembled at Boston March 8"' 1759.

Timothy Fuller of Middleton in Answer to the petition of John Turner of Salem
Esq-- —

Humbly Sheweth

That be the respond' is not a tenant in common of the said Island with the pef but
his part thereof was long since set off & divided from the rust by meets & bounds —

That he doth not think that feeding is the most prolitablc improvem' that can be
made of his part thereof but thinks after long experience of it that it will be much
inor(! Advantagcotis for your respond' to improve bis own i^art thereof by mowing
lor the future notwithstanding the Supposed diHiculty of u|)!iolding any fenci; there
between his & the \)ctT^ land there; for your respond' is fully pcrswaded that by
making about twenty rods extraordinary of good Stone wall such a fence may bo
forever upheld between them at a very little expenco insomuch that he has for
Sometime past been fully resolved so to improve his part by himself unless prevented
by your Excellency & honors and your respond' has nothing to object against your
pef* going on in his old way of feeding his land there as long as he pleases and only
begs the same liberty to himself of trying another way of improving his own part
being tired out witli feeding it any longer and Therefore your respond' prays he
may not be hindred from so doing wherefore be prays the petition aforesaid may
he ilismissed —

And as in duty bound will ever pray &c. Timothy Fuller. " —

I bid., p. GOQ.

1}QQ Pbovince Laws. — 1759-GO. [Notes.]

Chap. 35 " April 18, 17G0. A Memorial of Daniel Farnham Esq' of Newbury —
Setting fourth — That in tlie year 1750. An Act passed the Great and General Court
for raising the sum of £1JU6 — by Lottery for building and maintaining a Bridge
over the Kiver Parker in the Town of Newbury at the place called Old Town Ferry.

That the said Bridge is now compleated and of great Pu1)lick service, the cost
whereof and the Charges of the Lottery amounts to £1G7S 18 4^ And Praying that
another Lottery may be allowed for raising the sum that is deficient, and inasmuch
as Thomas Berry Esqi^one of the late managers is dead, and John Greenleaf Joseph
Gcrrish an<l Joseph Atkins Esq"* being grown Aged and infirm desire to be excused
from acting any further iu the business praying that some other meet persona may
be appointed managers in their room.

In Council Read and Ordered That the Petitioner have liberty to bring in a Bill
for a Lottery or Lotteries to raise the sum of six hundred ])ound3 in order to reim-
burse the Slims advanced by the managers of the late Lottery for Building a Bridge
over the River Parker, the Surplus (if any there be) after the necessary Charges of
said Lotteries are paid to be applied towards keeping the said Bridge in repair.

In the House of Representatives Read and Concurred — Council Records, vol.
XXIII., p. 3;!7.

" Sir, "We have had under our consideration the Laws passed in the Province of
Massachusets Bay, between February and April 17(30 amongst which there are
several providing for the temporary and inconsiderable services of Ferrys, Roads
&c. by Lotterys, which is a mode of raising money, that in our opinion ought not
to be c'0untenanc(Hl and huriUy to be admitted into practice, upon the most pressing
exigency of the State, more especially iu the Colonys, where the forms of Govern-
ment may not admit of those regulations and checks which are necessary to prevent
fraud and abuse in a matter so peculiarly liable to them.

We cannot therefore l)Ut disapprove these Laws upon their general Principles,
but when we consider the very unguarded and loose manner iu which they are in
general framed, the Objections are^so many and so strong that We should certainly
have thought it our duty to I'.ave laid them before His Majesty for Ilis Majesty's dis-
ap]irol>ation, were we not restrained by the consideration that the purposes for which
tliey were passed, having been carried into full execution and the Acts had their
fulT operation and effect, some in(!onveniences might attend the disannulling them;
but it is our duty to desire that you will not for the future give your Assent to any
Laws of the like nature." — Lords of' Trade to Gov. Bernard, April '21, 1761: "Mass.
Bui/, B. T.," vol. Si, p. 4+, in Public-Record Office

" Their lordshi[)s then passed to another affair, and Lord Sandys having in his
hand four acts for lotteries, he inveigh'd against them as mischievous in their na-
ture, destructive to labor & industry, and introductive of the si)ir4t of gaming, ever
attended with many ill consequences. In excuse for these acts, I observed that
the distresses occasion'd by the heavy expence of the war, of which the province
had taken so large a part, iiad probably brought these lotteries into use; and the
wliole board having concurred with his lordship in declaring their evil nature, I told
their lordships I wouM take the first opportunity of acquainting the general Court
with their sentiments tli(;reupon. It is needless to say that many of the most able
statesmen as well as divines have always declared against the use of lotteries, and
being fully persuaded that the continuance of them wou'd prejudice the province's
desirable character in the minds of some of their best friends, as well as be disa-
greeable to others, I think it my tluty to recomend a total disuse of them.."— Aycnt
Bollau to the Speaker, Ma;/ 8, 1701 : Mass. Archives, vol. 22, p. 190.

See, also, note to 1705-0(5, chapter 21, post.

Chaps. 30 and 37. Sec note to chapter 35, supra.

Chap. 38. " Jan. 0, 17()0. A Petition of Nathanael Bartlett and Others, Proprie-
tors in a certain Beach at Monument Ponds in the Township of Plymouth, and in a
certain Tract of marshy Land now lying under Water there— Setting forth That
there used formerly to" be cut about eighty Loads of Hay yearly on .said marshy
Ground, and that tliere is a fine Brook running into the Sea by said Beach, through
which Brook there used formerly great <iuantities of Alewives to go up to east their
Spawn; but that of late by reason of Cattl(i feeding on said Beach, the same lias
been greatly low<'red, and the Sand lilown into the Brook and on great part of said
meadows, so tliat, tiu? course of the Brook has been Obstructed, and the Water
raised so as to overflow tlie marshy Gi-oiind to the great damage of the Petitioners
and of th(! Vicinity; And Praying that tliey may be enabled to go into Meivsures for
the remetly of these Evils and that tii(! Charges thereof may bo borne by each pro-
prietors in proportion to his resjiective Interest.

In the House of Representatives Read ami Ordered That the Petitioners serve tho
oilier Pr(>pri(^t(ns (noii I'eiitiotiers) with a Copy of this Petition, that they show
cause (if any (liey have) on the first Friday of the next Sitting of this Court why tho
Prayer thereof shoiiiil not be granted. In Council. Read and Concurred."— C'ui/u-
cil Rrr.mh, vol. X.Xlll.. /.. l.^O.

"April IS. 170t». A Petition of Nathaniel Bartlet and others of Plymouth Pray-
ing as enteiH-d tho ;>"' January last, that .some order may be taken to jirevent
Horses and Cattle from feeding on a Certain Beach and Tract of Marshy Ground at
Monumi-nt Ponds in the 'i'ownsliip of I'lymouth.

In Council Reatl again and it appearing that one of tho princiiml Proprietors of
the Beach mentioned had been duly notified and no Answer given in. Ordered
That the Petitioners have liiicrty to bring in a Bill for the purposes mentioned in
their Petition.

In the Iloiiao of Ilopresentativea Read and Concurred."- i6i(i.,p. 337.

[Notes.] Province Laws.— 1759-60. 361

Chap. 39. " Juno 7, 1750. A Petition of James Morick and Otiicrs, Inlialiittints of
the West part of Brinifeild— Setting forth tlie (liHicnlties tliey l:ilit>iir under liy rea-
son of their distance from tlie plaee of puhlicli Worsiiip; and tliat their numhersaro
now so increased, tliat they are willing to support the Gospel by themselves. And
praying they may he made a seperate District by certain Metes and IJounds as
described in said Petition.

In the House of llepresentatives. Read and Ordered That tlie Petitioners serve
the Town of r>rimfeild witli a cojiy of this Petition that they shew cause (if any
they have) on the second Friday of the next Sitting of this Court why the Prayer
thereof should not be granted.

In Council, llcuil and Concurred."— C'oH«ci7 Records, vol. XXIII., p. 19.

"Jan. 14, 17(!0. A Petition of a number of the Inhabitants of the West part of
Brimtield— Praying as entered the 7"' of Juno last that they may be formed into a
seperate District.

In Council. Read again together with the Answer of the Town of Brimfield.
And Ordered That Samuel Watts and William Brattle Esq™ with such as the hon-
ourable House shall join be a Committee to take the Petition and Answcsr under
consideration and report what they judge ])ro|)er lor this Court to do thereon.

In the Uouse of Heiiresentutives. liead & Concurred and Doc"" Sawyer, Cai)t"
Bliss, and Col^ Ward are joined in the Allair. Furtlier Voted That the Petitioiuir*
of William Scot jun'' be also committ(;d and considered and reported upon by said
Committee. In Council. Pcad and Concurred." — Ibid., p. 171.

" January 15, 17G0. The Committee appointed Yesterday upon the Petition of a
Number of the Inhabitants of the West part of Brimfield, to whom likewise was
referred tho Petition of William Scott Junf reported as follows, viz'

The Committee have attended the Service assigned them fully heard the Parties
and are unanimously of oxiiuion that the Petition be dismissed.

(Signed) W: Brattle 4f'' Order.

In Council. Read and Accepted. And Ordered That this Petition beclismis.sed
accordingly. In the House of Representatives (17'h) Read and Concurred." — Ibid.,
p. 172.

" April 19, 17G0. A Petition of a Number of Inhabitants of the Westerly part of
the Town of Brimfield. Praying that they may be erected into a District by certain
bounds therein mentioned.

In the House of Representatives Read and Ordered That Major Cushing, Cap'
Bliss, and Cap' IIul)bel with such as the honourable Board shall join be a Commit-
tee to take this Petition (together with the Petition of John Thompson and others
of Palmer accompanying the same) under consideration and Report.

In Council Read and Concurred and George Leonard & Benjamin Lincoln Esq^^
are joined in the Affair." — Ibid, p. 344.

" April 22, 17(j0. The Committee appointed the 19"» Instant upon the Petition of a
number of the Inhabitants of the Westerly part of Brimtield Praying to be erected
into a seperate District, having reported in favor of said Petition.

In Council Read and Accepted and Ordered That the Petitioners have liberty to
bring in a Bill accordingly.

In the House of Representatives Read and Concurred."— /did., p. 350.

Also see note to chapter G, aide, under date of June 12, 17G0.

" April IS, 17G1. In the House of Representatives: Whereas by one Law of this
Province made in 17G0. a certain part of then Township of Brimfield was erected
into a seperate District by the name of Monson bounding as follows viz' beginning
at the Ford way at Chicoliee River at Benjamin Coltons the Westerly side, thence
running a direct course to a Chesnut Tree standing a little Northerly of a House
belonging to the heirs of Ezra King deceased; thence South S<^ 8 West to the South-
erly line of said Brimtield and .so extending West on the Colony line to Springfield
Bounds, thence Northerly to the County Road that goes fronl Boston to Springfield,
from thence as the Country Road runs to the Bridge that crosses said River and as
the said River runs to the place first mentioned. And Whereas dlterwards an Order
passed this Court that the Inhal)itant3 together with all the Lands l^ing in the said
Town of Brimtield North of the Country lload leading from Boston to Springfield
be sett off to the District of Palmer by the bounds following viz' beginning at the
Bank of Chicobee River at the North side of said Country Road bj' the Foot of Scots
Bridge so called, then following said Road and bounding South thereon to Spring-
field line aforesaid, then turning up said River bounding Northerly and Easterly
thereon to the Bridge aforesaid.

And Whereas a (Youbt arises whether the said Country Road from Springfield to
Boston aforesaid viz' that part thereof which lies between the East bounds of said
Springfield and the Bridge aforesaid be in said Palmer or said Monson or rather
whether it be in cither, or they obliged to amend or repair the same, and in conse-
quence thereof each of said Districts refuse to repair the same, tho greatly out of
repair And Wh(>reas by said order a considerable a(Ulition of Inhabitants is made
to said Palmer.

Therefore Resolved and Ordered that the said High way from the said East line
of .said Springfield to said Bridge be and hereljy is sett off and annexed to the said
District of Palmer, and make part thereof; and that the Southerly line of that part
of said Palmer that was heretofore part of said Brimfield shall bound Southerly on
the Southside of the same County Road, anything in the aforesaid Act being other-
wise Notwithstanding: and that said District of Palmer be obliged to Repair and
amend the .same for the future as part of the Highway of said District as often as
the same stauds in Need of Repairs.

* Sic: petition.

'^(^2 PROVINCE Laws. — 1759-00. [Notes.]

In Council Read and Concurred Consented to by tlic Governor.'"— 7fc/(Z., p. 755,

" Juno 12, 17(il.'. A Petition of the District of Monso:i l).y their Comniittei! Samuel
Kin'^' and Others, Prayin<? lor a Tax of 2^^ ip' Acre on tlie unimproved Lands in tlio
said District for two years in order to enable them to build their Meeting House,
and to settle and supnort a Minister, th(! number of Families therein not exceeding
forty five rendering the burden too heavy for th'.-, Inhaliirants.

In the House of Representatives; Read and Ordered That the Petitioners servo
the Proprietors of the uniraprov'd Lauds in the within District with a copy of this
Petition bv inserting the sul)stance thereof in one of the Boston Kews Papers three
Weeks successivelj-, that they shew cause (if any they have) on the second Friday
of the next Sitting of this Court why the Prayer thereof should not be granted, lu
Council Read and Concurred."— 7/j/c^., vol. XXIV., p. -i-'A.

".Tan. i:>, ITti:!. A Petition of Samuel King and others a Committee of the Dis-
trict of Monson, Praying for a tax of 2<i iy Acre upon the; whole of the Lands in the
said District for two Years to be applied towards building their Meeting house;
there being but forty Families in the said District, which causes the burthen to ly
verv heavy on tin; Inhabitants.

In the liouse of Representatives Read and Ordered That the Petitioners notify
th(^ nonresident Proprietors of the District of Mon.son of the Substance of this Peti-
tion by inserting the same in one or more of th(; Boston News Papers three weeks
successively, as also by Advertising tlie same at some pul)lic place in the said Dis-
trict, that so they may shew cause if any they have (in the first Thursday of the
next Session of this Court why the Prayer thereof should not be granted. lu Coun-
cil Read and Concurred."— /?;('?., p. 4ilO.

"Feb. 7, ITOo. In the House of Representatives, The House being informed by
divers Members that the Bounds of Briintield, the Districts of Monson and Palmer
in the County of Hampshire as settled by this Court is so uncertain that sundiy
disputes have arose, and without the interposition of this Court many more are like
to arise within said Town and Districts and their Surveyors of Highways respect-
ing the repairing the Great Road leading from Boston to Simnglield thrn part of
the said Districts, and the two Bridges erected over Chicopeo River, one on the
Easterly side of said Palmer between said Palmer and Brimlield and the other on
the Westerly side of said Palmer near William Scots dwelling house, Therefore for
the preventing all such disputes for the future, and that the said Town and Districts
and the Surveyors of Highways within their Limits may fully understand their
duty, and that' the said Road and Bridges may Ix; kept from time to timi! in good
Repair, Resolv(Hl That tlu; Bridge over Chicu]iee River on the East side of the Dis-
trict of I'alnier between I'almer and the Town of Brimfield upon said Road lie
annexed to the Town of Brimtield, and that the Town of BrimlieUl shall kec>p the
same in good repair from time to time as there shall \w occasion, and shall be lyabh;
to the same Pains and I'enalties of the Law respecting the same as other Towns
respecting Highways are. And that the District of I'almer be alike enjoined to
maintain and keep in good repair the other Bridge over saitl Ri\er near the dwell-
ing house; of William Scott in said Palmer, and the whoh; of the Country Road
from the last mentioned Bridge towards the East line of the Town of Springfield
until it is full one half the way thither wheresoever the same shall happen; and
that the Itemainder of said Road to Spriuglield Line be annexed to the said District
of Monson and the Inhabitants thereof bo alike enjoined from lime to time to keep
the same in pood repair. In Council Read and Concurreil Consented to by the
Governor." — Ibid. , p. 551.

Chap. 40. "April 2fi, 17()0. Brigadier Brattle went <lown to th<! lIous(' of Repre-
sentatives with the following Message from his Excellency the tiovernor having
lirst Itcad the same in (Council viz'

(lenliemen of the Council and House of Representatives

liy the several chills which the Kin-is Ser\ice in difi'irent jiarts of North Amerii-a
have made on (ieneral Amherst for Troops you may perceive; how ilii.icult it is for
liim to spar<! any of those destined for the Western Service to be employed in re-
li(;ving those oT our Peoph; at the Eastward v.'ho after the expiration of their time
of Service do not clioos,' to Inlist again.

From th'' (JeiU'rals constant Attention to Oblige this Government and his strict
observanci! of his Kngagements Y'on may be assured that he has not a thought of
deijiining our Mm {Contrary to sin-h ICngageini'iits; the only dilU<nlly is how to
reli'Ve thc-m, and as Ik; is distressed in tiial point, in the same manner as this (!ov-
eriunenl is also (list res.-icd about it I would reconunend it to your cousirlcration,
whether sonn; Measures between both might not be thought of that may relieve the
diliii'Mit V on botli hands.

April 2(!: 17o0. T: Pownali, "— C'oinic/7

h'rrnr,ls,r»l. A'.W//.,?). :!7(i.

" April 2(i, 17(1(1. In tin; House of R(;]>resentatives. The Ilouao taking into eon-
sideratiou his lOscelleney's .Message of this day to both Houses. Voted That his
Exevllcncy In; (li'sirecl forihwith to give or lers for the immediate inlisting of .^0()
Men to lie em|)loyi'd in his Majcstys Service at r.,ouisliourg and Nova Sroiia niidiT
th(! Command of tin; General of his Maiestys Forces in North America for tin;
relieving such of the Forces belonging to this Province that are now there and shall
not ini'line to inlist ;inow for this Years Campaign. And that as fast as the C(un-
lianies shall In; C!omi)l<;ated. eai-h to consist of One hundred men including Ollicers,
that iaa\- b' .sent to l.ouisbonrg and Nov.a Si-otla f(U- the ]>iirposes aforesa'd. And
that his ICxrelleney lie desired to write; to General Amherst to make Provision for
the transportation of said .'">(K) men and to give the; necessary orders for the dis
mission of ull tho Forces there belonging to this Province, that shall not iulisl

[Notes.] rfiovmcE Laws. — 1759-GO. 3G3

again as aforesaid, ami for their Convoj'ance home. And further Voted That each
Soldier that shall inlist on or liefore the twentieth day of May next for his Majes-
ty's Service at Louisbourg anil Nova Scotia shall receivo tho same bounty and he
jiaid in tho same manner as the bounty granteil to the 5000, men already Agreed to
i)e raised by this Government, and shall receive the same Wages and shall be dis-
missed at the same time. And further Voted That his P^xcellency the Governor
be desired to Conimissionate Gentlemen belonging to this Province as Officers over
the said five luuulied ^len.

In Council Head ami Concurred Consented to by the Governor." — Ibid., p. .379.

" May 5, 17(10. His Excellency having laid before the Board two Letters from
Major General Andierst of the ;i()<'> of April relative to the Measures taken by this
Government for relieving our Troops at Louisbourg and Nova Scotia by whieli it
ajipearod that General Amherst had made no Provision for the Trans]iortation of
the 500 Men granted by this (Jovernmeiit for the Ilelicf of said TroojJS, nor had given
any Orders for their Relief in Case thesi; 5(;0 Men or any part of them should bo
sent down to relieve said Troops and that he desired to hear no more of said Relief
And further that it would Answer no manner of jiurpose as by the time these New ,

Levies can get there, the others will be c<iming back,

Unanimously Advised that his Excellency ac(iuaint the Commanding Officers of
the Provincial Troops at the Several Ports at Louisbourg and Nova Scotia of the
Several matters mentioned in the Generals said Letters, and that his Excellency
give orders to Suspend the lulisting of any more Men for the relieving the Troops
at those Several Ports until he can hear from saiil officers what Number of the Men
now there shall Inlist, or until the General shall make Provision for the Transpor-
tation of the New Levies and give the necessary Orders for the relief of the others.

Ordered by the Goveruor ."— Erccut ire Iievoids of the Cvuneil, vol. 4, p. '2:'.0.

" May 17, 17C0. Advised that his Excellency give orders for Compleating the
Enlistment of the 500 Men Voted by the General Court on the 2G"> of April last,
the Advice of Council of the 15"> instant for suspending said Enlistment Notwith-
standing

Ordered by the Governor."— 76/(7., p. 23i.

"The late Court had made Provision for the raising exclusive of the other Lev-
ies, 500 men to relieve those of this Province Troops doing Duty at Cape Briton and
Nova Scotia, as should not reinlist after the expiration of their Time of Service. I
gave immediate Orders fur raising said !Men, but as the General acquainted me that
these Troops at the Eastward would be coming away before the New raised Men
could get down, and to save the Province a needless Expence of Men and ^loney
declined said Relief. I by Unanimous Advice of Council suspended any Onlers for
that particular Levy. But as a great number of the People stationed at S' Johns
have since actually come off and as under the present Circumstances of things, the
General will not be able to relieve those Garrisons in the manner he intended, I
again continued my Orders for the raising those 500, Men. As the time limited for
the giving the Bounty is elapsed, I must recommend it to you to continue the Pro-
vision to such Time as may be necessary, and to do every thing further necessary
to carry this Service into Execution.

Council Chamber May 29"' 1760 T: Pownall."— £x-0«ct

from the Governor's speech to the Assemblij : Council Records, vol. XXIII., p. 302.

" May 29, 17(30. The Secretary carried down to the House, a Petition signed
this present Mouth by Lieutenant Col" Arbuthnott, and a number of his Officers at
S' Johns Nova Scotia, Also an Agreement signed by a Number of the Troojis there
to stay till they could hear from the Government, which had been comnumicated
to the Board together with the Advice of Council concerning the raising tlii; 5(X),
Men provided for by the Province to relieve their Troops at Louisbourg, and Nova
Scotia that a Certain Number have Agreed to stay untill they can have an Answer,
and Praying that a Sufficient Number of Men may be sent for their Relief."— /6«(i.,
p. ;«)3.

" June 17, 1760. Gentlemen of the Council and House of Representatives

The Encouragement, Voted by the Court for 500, Men to Inlist to serve at Nova
Scotia, and Louisbourg, ceased the 15'h Instant, I question whether above 300,
Slen, are yet Inlisted for that Service,

and if you will continue the former Encouragement I will continue my endeavours
that it may have the proposed Effect.
Council Chamber 17"» June 1760— T: Hutchinson

In the House of Representatives, Voted that the time for the Inlistment of the 500,
Men to serve at Nova Scotia, & Louisbourg which expired the W^ Instant be Con-
tinued till the 30"> Current."— /6id., p. 453.

ACTS,
Passed 1760 — 61.

[365]

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-eighth day of May, A.D. 1760.

CHAPTER 1.

AN ACT FOR GRANTING THE SUM OF THREE HUNDRED FOUNDS
FOR THE SUPFORT OF HIS HONOUR THE LIEUTENANT-GOVERNOR
AND COMMANDER-IN-CHIEF.

Be it enacted by the Lieutenant-Governor, Council and House of
Representatives,

That the sum of three hundred pounds be and hereby' is granted unto Oiantof£3oo
his most excellent majest}', to be paid out of the public treasury to his
honour Thomas Hutchinson, Esq., lieutenant-governor and connnander-
in-chief in and over his majesty's province of the Massachusetts Bay, to
enable him to carry on the atfairs of government. \_Passed June 20 ;
published June 23.

the lit'iitun-
RMt-goVl'lIlor.

CHAPTER 2.

AN ACT IN ADDITION TO AN ACT INTITULED "AN ACT FOR THE
BETTER REGULATING THE CHOICE OF PETIT JURORS.

Whereas, in and by an act made and pass[e]'d in the present j-ear Preamble,
of his majestj-'s reign, intituled " An Act for the better regulating the i^^^s-*^- chop,
choice of petit jurors," it is provided that the selectmen of each
town within this province should, some time before the tenth day of
April then next, take a list of the persons hable by law, and which
they should judge able and well qualified, to serve on the petit juries,
and la}- the same before the town, at a meeting in May then next, in
order to the town's proceeding thereon according to the directions of
the said act ; a7id lohereas, in many towns, it hath happened, either
thro' inadvertence or otherwise, that no such list hath been taken by
the selectmen within the time limited b}' the said act as aforesaid,
by means of which neglect doubts and controversies may arise, unless
prevented b}' the authority of this court, —

Be it therefore enacted by the Lieutenant-Govemo[}i]r^ Council and
House of Representatives,

[Sect. 1.] That the time for taking such lists by the selectmen. Selectmen to
and for their respective town's proceedings thereon, be extended to the jurorsfn juiy.
last day of Jul}' next ; and that in every town where the selectmen
sliall have taken such list, and the town shall have proceeded thereon
according to the said act, either on or before the said last day of July

867

368

PnoviNCE Laws. — 1760-61.

[Chap. 8.]

Penalty for
neglect.

next, the same ^jroceeclings shall be held valid and good to all intents
and purposes whatsoever.

And be it further enacted^

[Sect. 2.] That in every town where no such list as is before men-
tioned hath been as yet taken bj' the selectmen, if they shall neglect
to take such hst and lay the same before the town 'till after the last
day of Jul3' next, everj* selectman so neglecting his dut}' shall forfeit
and pay the sum of three pounds, for the use of the county in which
he dwells at the time of such neglect, to be recovered by action or
information brought, by the treasurer of such count}', before any of
his majesty's courts of record within the same. \_Passed Ju7ie 12 ; *
published June 23.

CHAPTEK 3.

AN ACT TO IMPOWER WILLIAM BOLLAN AND JOHN POWNALL,
ESQUIRES, TO RECEIVE SUCH SUMS OF MONEY AS HAVE Bl'.EN
ASSIGNED TO THE PROVINCE OF THE MASSACHUSETTS RAY, OUT
OF THE GRANT MADE BY THE PARLIAMENT OF GREAT BRITAIN,
FOR THE EXPENCES INCURRED BY THE RESPECTIVE PROVINCES
IN NORTH AMERICA, IN THE LEVYING CLOATHING AND PAY OF
THE TROOPS RAISED IN THE YEAR ONE THOUSAND SEVEN HUN-
DRED AND FIFTY-EIGHT.

Preamble.

Wiirmm nnllan
ainl .Tolin I'ow.
nail, KHqi'8., cm-
liiiwcrcil to
receive parlia-
mentary grant
for 1758.

Treaxurcr
einpowcrctl to
r rilvi- iiioney
on i(M arrival.

Wherkas the Parliament of Great Britain did, in the thirty-second
year of his niajest3''s reign, grant the sum of two hundred thousiiiid
pounds sterling, to enable his majesty to give a proper coinpenstition
to the respective provinces in North America for the expeiices int-urri'tl
by them in the levying, cloathing, and pa}', of the troops raised by tiie
same, in the year of our Lord one thousand seven hundred ami lilt\-
eight, —

Be it eivicted bij the Lieutenant-Oovernotir, Council and House of
Represenatives,

[Sect. 1.] That William Bollan, Esq., agent for said province, and
.Toim Pownall, Esq., and each or either of them in case the other shall
n'fuse, or shall be prevented by death, sickness or otherwise, be and
are hereby authorized and impowcred to receive the whole and every
part of the sum or sums whicli have been assigned by his most gracious
majesty to the province of the Massachusetts Bay, as their inoportion
of the aforesaid sum of two hundred thousand pounds granted as afori'-
said ; and, on receipt thereof, to give proper ilischarges to the right
honoiiialilu the lords cominissioneis of the treasury, tlu'ri-for, or to any
l)erson or persons, whatsoever, in whose hands or [jossession the same
may l»e ; and that they pursue such instructions as tlie general court
shall judge necessary with regard to the transportation of said monies
to this province.

And be it farther enacted,

[SE(rr. 2.] That the treasurer of this province, for the time being,
!)(' and is hereby fully authorized and iiiipoweied to demaiid antl receive
the wholes and eveiy i)art of the monies aforesaid, from thi' iH)ininander
or connnanders of any vessel or vessels on board of which the same
shall then have been shi|)*d, upon the arrival thereof in any port
within this goveiinneiil. \_J'assed June 20 ; published June 23.

• Signed Juuo 'JO, according to the record.

[1st Sess.]

Peovince Laws.— 17G0-G1.

369

CHAPTER 4.

AN ACT TO AUTHORIZE AND IMPOWER BENJAMIN PRATT, JOHN
WORTHINGTON AND JOSEPH HAWLEY, ESQRS., TO TRANSACT
CERTAIN AFFAIRS OF THIS PROVINCE, RESPECTING THE UNAP-
PROPRIATED LANDS IN THE WESTERN PART THEREOF.

Whereas siuuln' persons have presumed to purchase of the Stock-
bridge Indians, so called, divers tracts of lands in the western part of
this province, contrary to a law of this province made in the thir-
teenth year of the reign of King William the Third, intituled '' An Act
to prevent and make void clandestine and illegal purchases of lands
from the Indians," wherel)y great mischief may ensue, —

Be it therefore enacted by the Lieutenant-Governor, Council and
House of Representatives,

[Sect. 1.] That Benjamin Pratt, John Worthington and Josejih
Ilawley, Esqrs., or either of them, be and the}' hereb}' are im[)Owered,
in the name of this government, to prosecute all or any person or
persons, who have already made, or may make, any purchase of said
Indians in the western part of this goverimient contrary to the aforesaid
law, for the penalties incurred by any l)reach of the said law ; as
also, in the name of this government, to demand and to take the pos-
session of any lands which any person or persons now are, or ma}'
hereafter be, possessed of by virtue of such clandestine or illegal sale
from said Indians ; and also to demand, sue for, and take the posses-
sion of, any of the aforesaid lands that an}' person or persons may be
in possession of otherwise than by virtue of an authority derived from
this government ; and that the said Benjamin Pratt, John AVorthington
and Joseph Hawley Ije further impowered and directed, by themselves,
or some one of them, to enter, in the name and behalf of this i)rovince,
into any or all of the unappropriated lands of the province, west of
Connecticut River ; and that the said Benjamin I'ratt, Jolui Worthing-
ton and Joseph Hawley be impowered to execute, to any person or
persons they shall judge proper, any lease or leases of any of said
lands, under such covenants as they shall think best for the interest of
the province, determinable on notice from the said Benjamin Pratt,
John Worthington and Joseph Hawley, or on the order of the general
court.

And be it further enacted,

[Sect. 2.] That the said Benjamin Pratt, John Worthington and
Josei)h Hawley be further impowered to attempt, in such methods as
they shall judge best for the province, a settlement of the claims of
any Indians to any of the said lands, and to make and receive pro-
posals for that purpose, to be laid before the general court for their
determination thereon : all necessary charges that may be incuircd b}'
the committee, in the execution of the trust reposed in them by this
act, to be paid out of the publick treasury.

[Sect. 3.] This act to continue and be in force for the space of
five 3'ears, and no longer. [_Passed June 20 ; published June 23.

Preamble.

1701-02, chap.
11.

Benjamin Pratt,
Esq., &c.,
empowered to
prosecute, &c.

to receive
proposals and
settle claims.

370

Pbovince Laws.— 1760-61. [Chaps. 5, 6.]

CHAPTER 5.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS THAT ARE
EXPIRED AND NEAR EXPIRING.

Sundry laws
revived and
continaed.

1744-45, ch. 25.
1744-4.0, ch. 26.

174rv-46, chap. 7.

1748^9, chap.

1749-50, cb. 22.
1749-50, ch. 23.

1749-50, ch. 24.

17.''>l-52, ch. 17.

1749-50, chap. 3.

1750-57, chap. 5.

Tlieir continu-
uiico for ten
ycarH from the
iHtof July, 1760.

Whereas the several acts hereinafter mentioned, which are now ex-
pired or near expiring, have been found useful and beneficial ; namely,
two acts made in the eighteenth jear of his present majestN^'s reign,
one, intituled "An Act to prevent mischief being done Ijy unruly-
dogs, " tlie other, intituled "An Act to prevent neat cattle and horses
i-unniug at large and feeding on the beaclics adjoining to eastern har-
bour meadows, in the town of Truro " ; and one other act made in the
eighteenth and nineteenth 3-ear of said reign, intituled "An Act to
l)revent unnecessary cost being allowed to parties and witnesses in the
several courts of justice within this province"; and one act made in
the twenty-second j'ear of said reign, intituled "An Act to i^revent
damage being done on the beach, and meadows in I'lymouth adjoining
to said beach, commonly known b}' the name of Plymouth Beach";
three acts made in the twenty-third 3'ear of said reign, one intituled
"An Act against diminishing or counterfeiting mone}'," one other
intituled "An Act in addition to and for rendering more effectual
' An Act for the restraining the taking excessive usuiy,' " the other
intituled "An Act to prevent stage-plays and otlier theatrical enter-
tainments"; an act made in the twenty-fourth year of said reign,
intituled " An Act for the better regulation of the course of judicial
l)roceediugs " ; " An Act to prevent the disturbance given the general
court by the passing of coaches, chaises, carts, trucks and other car-
riages by the province court-house " ; also an act made and passed
in the twenty-ninth year of his present majesty's reign, intituled "An
Act for inlisting the inliabitants of Dorchester, Weymouth, and Charles-
town into his majesty's service for the defence of Castle William, as
occasion sliall requu'e," —

Be it therefore enacted by the Lieutenant-Governor^ Council and
Jloiise of Representatives,

That sucli of the before-mentioned acts as are expired, with all and
evciy article, clause, matter and thing therein respectively contained,
lie and the}* hereb}' are revived; anil sucli of said acts as are near
expiring are continued ; and all the said acts shall be in force from the
first day of July next for the space of ten years, and to the end of the
then next session of the general court, and no longer. [^Passed June
20 ; published June 23.

CHAPTER 6.

AN ACT [TO] [FOIi] SUrrLYf/iVO] THE TREASURY WITH THE SUM OF
SEVENTY THOUSAND TWO HUNDRED AND FOURTEEN POUNDS.

WuEREAS the great and general court or assembly of this province
did, in their sessions in May, one thousand seven hundred and filly-
i75»-&o. obap. 4, cight, Icv}' a tax of oiie hundred thousand pounds; and also in their
i7.'.»-:)9, chap. session in Marefi, one thousand seven hundred and lifty-nine, did levy
another tax of eightcrn thousand pounds ; and also in their session in
April f()ll(}wing, did levy another tax of fourtei'U thousand live hundred
and sixty pounils ; and diil also, at their session in Uctol)er hallowing,

Preamble.

28, S 3.

1758-50, obap,
S2, i b.

[1st Sess.]

Pkovixci-: Laws. — 1700-61.

371

1759-CO, chap.
10.

lev}' a tax of sixly-ruiir lliousaiul pouiuls, but by a subsequent act of i769-co, cimp. 8
the province made and passed in Jannaiy, one thousand seven hunched *■*'
and sixty, upon this province receiving twentN'-scven thousand five
hundred and seventy-four pounds ten shillings, part of a parliamentary
grant, they ordered and directed that, instead of a tax of sixty-four
thousand pounds, there should be issued a tax but of thirty-five thou-
sand pounds, — all which sums amount to one hundred and sixty-seven
thousand five hundred and sixty pounds : and, b}' the acts aforesaid,
provision was made that the general court at this present session might
apportion the same on the several towns, districts, parishes and places
within this province, if they thought lit ; and whereas it was expected
by the general court that this province's proportion of the grant made
by parliament, on account of the expences incurred bj- the several colo-
nies in his majesty's service in the year one thousand seven hundred
and fifty-eight, would have arrived seasonabl}- enough to have pre-
vented so large a tax going forth ; but the proportion of the grant
aforesaid not being arrived, and it being represented to this court
that divers persons ajjpear willing to lend a considerable sum of money,
to pay off such government securities for the payment of which the
tax aibresaid was to issue ; and the said court at their present session,
in consequence of such representation, having apportioned a tax of
ninety-seven thousand three hundred and forty-five pounds thirteen
shillings, on the polls and estates within this province, there will be
wanted the sum of sevent}' thousand two hundred and fourteen pounds
seven shillings, to answer the purposes for which the tax aforesaid was
to be lev[i][?/]ed, —

Be it enacted by the Lieutena7it-Governol_u']r, Council and House of
Representatives,

[Sect. 1.] That the treasurer of this province be and herebj' is
directed and impowered to borrow, from such persons as shall be will-
ing to lend as aforesaid, a sum not exceeding sevent}- thousand two
hundred and fourteen pounds seven shillings, in Spanish mill'd dol-
lars, at six shillings each, or in coined silver, sterling alio}', at mx
shillings and eightpence per ounce ; and the sum so borrowed shall be
applied by the treasurer for the dischai'ge of those government securi-
ties which will become due in the }ear one thousand seven hundred
and sixty-one : and for the sum so borrowed the treasurer shall give a
receipt and obligation in the form following : —

Province of the Massachusetts Bay, the day of , 17G0. Form of trcas-

Received of the smn of , for the use and ser- ^rur'a receipt,

vice of the province of the IMassachusetts Bay ; and in behalf of said province,
I do hereby promise and oblige myself and successors m the office of treasurer,
to repay the said or order, the twentieth day of June, one

thousand seven hundred and sixty-two, the aforesaid sum of ,

in coined silver at six shillings and eightpence per ounce, or Spanish mil I'd
dollars at six shUlings each, with interest annually, at the rate of six per cent.

Witness my hand,

And as a fund and securit}' to enable the treasurer to discharge the
obligations b}- him given in pursuance of this act, —

Be it enacted,

[Sect. 2.] That there be and hereby is granted to his most excel- Tax of £7r>.ooo
lent majesty a tax of seventy-five thousand pounds, to be levied on granted in i7ci.
polls, and estates both real and personal, according to such rules and
in such proportion on the several towns, districts, parishes and other
places within the province, as shall be ordered by the general court at
their session in May, one thousand seven hundred and sixty-one.

And be it further enacted,

[Sect. 3.] That in case the general court shall not, at their session Buio for nppor-

Trcasurcr orn-
powercd lo bor-
row £70,214.

372

Province Laws.— 1760-61.

[Chap. 7.]

tioning the tax
in cn»c no tax
act shall be
agreed on.

Treafurer em-
powered and
directed.

Treasurer fur-
ther directed, in
case.

in Ma}-, one thousand seven hundred and sist)--one, and before the
twentieth day of June following, agree and conclude upon an act
apportioning the sum which by this act is engaged to be apportioned, as-
sessed and levied, that thou and in such case, such towns, districts,
parishes or other places shall pay, by a tax to be levied on the polls,
and estate both real and personal, within their respective limits, the
same proportion of the said sum as the said towns, districts, parishes
or other places were taxed by the general court in the tax act then last
2)receeding.

[Sect. 4.] And the pi'ovince treasurer is hereby fully impowered
and directed, in the month of June, one thousand seven hundred and
sixty-one, to issue and send forth his warrants, directed to tlie select-
men or assessors of each town, district, parish or other place within this
province, requiring them to assess the polls, and estates both real and
personal, within their respective towns, districts, parishes or other
places, for their respective parts and proportion of the sum before
directed and engaged to be assessed, to be paid into the publick treas-
ury by the twentieth da}- of March, one thousand seven hundred and
sixt3'-two ; and the assessors, as also persons assessed, shall observe,
be governed b}', and subject to, all such rules and directions as shall
have been given in the then last prcceeding tax act ; and the assessors
shall incur[r] the same penalt}' for not apportioning the sums laid upon
their respective towns, districts, parislics or otiicr places, as though
the same had been assessed upon them b}- an act of the general court.

And be it further enacted,

[Sect. 5.] That if the treasurer shall not be able to borrow the
whole of the sum aforesaid on or before the twentieth day of October
next, then and in that case he shall issue forth his warrants, directed to
the selectmen or assessors in each of the towns and districts within this
province, requiring them to assess the polls, and estates both real anil
personal, within their several towns and districts, for their resi)ective
part[s] and pi'oportion of whatever sum he shall not be able to borrow
of the seventy' thousand two hundred and fourteen pounds seven shil-
lings aforesaid, to be paid into tlie publick treasury by the twenty-ninth
da}' of March, one thousand seven hundred and sixty-one ; and tlie
assessors, as also persons assessed, shall observe, be governed by, and
subject to, all such rules and directions as shall have been given in the
then last proceeding tax act. [^Passed June 21 ; published June 23.

CIIAPTEK 7.

AN ACT FOR ERECTING AND ESTABLISHING TWO NEW COUNTIES IN
THE EASTERLY PART OF THE COUNTY OF YORK.

Preamble.

Coiiiity of Vorl
liow bounded.

WiiKUEAS the groat extent of the county of York makes it conven-
ient that two new counties should be erect<>d and established in the
easterly part 1 hereof, —

Be it enacted by the Lieutenant-Ooveniour, Council and House of
Rrprcsentntives,

[Sect. 1.] That the counly of York aforesaid shall l)o and it
herol)}' is declared to be bounded on the east, by a line to run from the
sea, nortli-westerly, upon the easterly line of llie townsiiip of IJiddefoni,
as far as Narraganset[/], N'umlxM-One ; from Ihence, norlii-ensti-rly, on
said Narragansell, lo lii(< onsterniost corner thereof ; from thence, north-
westerly, on s.aid Narragansctt, to the nortiiennost corner thereof;

[1st Skss.] rituvLNci-: Laws.— 1760-01.

'srs

from thence, soutb-westcrh-, on said Narraganset[^] , to Saco River ; from
thence, up said Saco River as far as Pearsontown extends thereon ;
and from thence, to run north, two degrees west, on a true course, as far
as thi' utmost northern Hniits of this province : all the other boundary-
lines of said county to remain the same as heretofore.

And be it farther enacted,

[Skct. 2.] That the westermost of the two new counties aforesaid
shall he and it is hereby declared to be bounded on the west, by the
easterly line of the connt>' of York above described ; on the nortli, b}-
the utmost northern limits of this province ; on the south-east, by the sea,
or western ocean, anil by C'asco Bay, — from the easterly point of which
bay ; viz^^'^, from Small I'oint, the line shall run north-westerl}' upon
said C'asco Bay to Xew-Meadows creek or river, and up said creek
or river as far as Stevens' cairying-place, at the head of said creek or
river ; thence, across said carrying-place, to Merry-i\Iecting Bay and
Androscoggin River ; from thence, it sliall run up said Androscoggin
River, thirty miles ; and from thence, north, two degrees west, on a true
course, to the utmost northern limits of this province, including all the
islands in Casco Bay aforesaid and on the seacoast of the said new
count}- : and all the towns, districts and lands within said bounds,
together with the islands aforesaid, shall, from and after the first day
of November, one thousand seven hundred and sixt}', be and remain
one entire and distinct count}' b}' the name of Cumberland, of which
Falmouth shall be the shire or count}' town ; and the inhabitants of said
county of \^Citvibe7'Iand^ shall have, use, exercise and enjo}' all such
powers, privilcdges and immunities as by law the inhabitants of an}*
other county within this province have, use, exercise and enjo}'.

And be it further enacted,

[Sect. 3.] That there shall be held and kept within the said county
of [Cumbeiiand^t a court of general sessions of the peace, and an
inferio[w]r court of common pleas, to sit at Falmouth aforesaid on the
first Tuesdaj's of May and September, ^'earl}-, and in ever}' year, until
this court shall otherwise order ; also that there shall be held and kept
at Falmouth aforesaid, until this court shall otherwise order, a supe-
rio['(]r court of judicature, court of assize and general goal delivery,
to sit on the fourth Tuesday of June, yearly, and every year ; and the
justices of the said court of general sessions of the peace, inferio[w]r
court of common pleas, superio[?f]r court of judicature, court of assize,
and general goal delivery, respectively, who are or shall be thereunto
lawfully commissioned and appointed, shall have, hold, use, exercise
and enjoy, all and singular, the powers which are by law akeady given
and granted unto them within any other county of this province, where
a court of general sessions of the peace, inferio[w]r court of common
l)leas, superio[w]r court of judicature, court of assize and general goal
delivery are already established.

And be it further enacted,

[Sect. 4.] That the justices of the court of general sessions of the
peace, at their first meeting in the said county of [_CumberIand'\, shall
'have full power and authority to appoint some fit person within the said
county of [^Cumberland^, to be register of deeds and conveyances
within the same, who shall be sworn to the faithful discharge of his
trust in the said office, and shall contiime to hold and exercise the
same, according to the directions of the law. until some person be
elected I)V the freeholders of the said county of \_Cumberkind^. who arc
hereby impowered to cli[u][oo]se such person, at their first March
meeting within their respective towns and districts, in the method
already l)y law prescribed ; which person, taking upon him that trust,
shall be sworn to the faithful ilischarge tliercof ; and until such register

New county of
Cumberland,
how bounded.

Inferior courts
to be held at
Falraouth.

Superior coun
to be held at
Falmouth.

JuBtice« of till-
court of B'.'H.
(^iuns at their
firnt meeting' I"
appoint a PL'iH
IcT of dev.!...

.i7i

PiioviNCE Laws. — 1760-61.

[Chap. 7.J

Ui'Kistcr and
otlicr oflBccrs to
be .-iflcrwardg
choBCD as in
otbor counties.

New county of
Lincoln.

Inferior court
to \,r. Iield at
I'owuulborough

Hiiporior court
ut Fulmouth.

Governor, with
mlvlce of eoun-
ril, lo njipohit a
reKlnter of deeds
diirini{ tlio term
of live yeari.

shall be so a|)i:)ointcd by the said justices, and sworn, all deeds and
conveyances of land lying within an}' pait of the said county of {_Cum-
be7-land^, being i-ecorded in the iegistei''s ofl3ce of the count}' of York
aforesaid, shall be held good and valid to all intents and purposes, so
far as relates to the record of them.

And be it further enacted,

[Sect. 5.] That the method and proceedings directed to bj' law,
for the ch[n][oo]sing a register of deeds and conveyances, and a
county ti'easurcr (which last-mentioned officer shall be chosen and
appointed, in manner as the law directs, at the next March meeting of
the frecholdei'S afoi-esaid), also for the bringing forward and tr3ing any
actions, causes, pleas or suits, both civil and criminal,. in the sevei'al
counties of this province, and courts of judicature within the same,
and for ch[u][oo]sing of juroi's to serve at the sevei"al couils of justice,
shall be observed and put in pi'actice within the said county of [^Cum-
berland^, and by the courts of jftstice within the same ; any law, usage
or custom to the contraiy notwithstanding.
. And be it further enacted,

[Sect. 6.] That the most eastern county shall be bounded in the
following manner ; that is to sa}", on the west, by the county of \_Cuni-
berland~\ afoi'esaid ; on the east, b}' the province of Nova Scotia ; on tho
south and south-east, by the sea, or western ocean ; and on the north,
by the utmost noithern limits of this province, including all the islands
to the eastward of the county- of \_Camherland'\ aforesaid ; and all
the towns, districts and lands within said bounds, together with the
islands aforesaid, shall, from and after the first day of November, one
thousand seven bundled and sixty, be and remain one [i][c]ntire and
distinct count}' by the name of Lincoln, of which Pownalboiough shall
l)e the shire, or count}', town ; and the inhabitants of the said county of
\_Lincola'] shall have, use, exercise and enjov all such powers, privi-
Icdges and immunities as by law the inhabitants of any other county
within this })iovince have, use, exercise and enjo}'.

And be it further enacted,

[Si:cT. 7.] That theie shall be held and kept within the said count}'
of [7////C0//*]. a court of genei'al sessions of tlie peace, and an infe-
rio['/]i' court of common pleas, to sit at Pownalboi'ough aforesaid on
tiic second Tuesdays of May and September, yearly, and in every year,
until this court shall othei'wise order. And the justices of the said
court of the general sessions of the peace, and of the said inferio[?<]r
ccnirt of common pleas, who are or shall be thei'eunto lawfully com-
missiuned and appointed, shall have, hold, use, exercise and enjoy, all
and singula]', the powers wluch ai'e by law ali-eady given and gi'anted
to such justices within any other county of this pi'ovince, where a court
of general sessions of the peace, and inferiour court of connnon pleas,
are already established. And all appeals from imy judgment or judg-
ments given at any courts of geneial sessions, ami at any infei'iour
court of common pleas, within the said county of [Lincoln'], shall 1)C
heard and trietl at the superio[?t]r couit of judicature, to be held yearly
at Falmouth as aforesaid.

And be it further enacted,

[Sect. 8.] That the Gdvernour, with the advice and consent of his
majesty's council, shall be authorized to appoint, for and dining the
term of five years from Februai'v next, some fit person within the
county of [Z(/«co///], to be register of deeds and conveyances within
the same, who shall be sworn to the faithful discharge of his trust in
s:iid ollice, and shnll continue therein to the end of tlie term aforesaid,
and initil some lit person be chosen and appointed, in his stead, by the
freehoKlers and other inhabitants, of the sevcial towns and districts

[1st Sess.] PjKJviNCK Laws.— 17G0-G1. 375

within tlio said county, qualified according to law to act in town and
county affairs ; and llie said legistcr shall bo sworn to the faithful
discharge of his ofTice in the manner required by law, and shall act in
bis said office according to the directions of the law ; and, until a regis-
ter shall be appointed and sworn, all deeds and conveyances of land
lying in an}' part of the said county of [iutco/n], being recorded in
the register's office in the county of York aforesaid, shall lie held good
and valid, to all intents and purposes, so far as relates to the recording
of the same.

And be it further enacted,

[Si;CT. '.).] That the method and proceedings directed to b}- law County trea«.
for choosing a county treasurer, also for the bringing forward and try- othurcou'ntk-L"
ing any actions, causes, jjleas or suits, both civil and criminal, in the
several counties of this province, and courts of judicature within the
same, and for choosing of jurors to serve at the several courts of jus-
tice, shall be observed and put in practice Avithin the said county of
[^Lincoln^, and b\- the courts of justice within the same ; any law, usage
or custom to the contrary notwithstanding.

And be it further enacted,

[Sect. 10.] That all writs, suits, plaints, processes, appeals. Matters cog-
reviews and recognizances, and any other matters or things which now couni'''of York
are, or at any time before the aforesaid first day of November, one
thousand seven hundred and sixty, shall be, depending in an\' court
within the county of York, and all matters and things which now are,
or at any time before the said first day of November aforesaid, shall
be, depending before the judge of probate for the said county of York,
shall be heard, tried, proceecled upon and determined at sucli time and
place, and in such manner, as tho}' would have ])een if this act had not
been made.

And be it further enacted,

[Sect. 11. j That nothing in this act contained shall be construed Deeds regie-
to disannul, defeat, or make void, any deeds or conveyances of land couniyVf'vork,
lying in either of the new counties aforesaid, which are, or shall l)e, before a niiii-ter
before the establishment of a register in each count}', respectively, he?d goodr '
recorded in the register's office of the county of York aforesaid ; but
all such deeds and conveyances so recorded shall be held as good and
valid as they would have been in case this act had not been made.

And be it further enacted,

[Sect. 12.] That the inhabitants of the several towns and districts County ta;(e«
within the counties aforesaid shall [nxy their proportion of all county "^ ^°° '
rates or taxes ahead}' granted and made, in the same manner as they
would have done if this act had not been made. [^Passed June 21 ;*
publifilied June 23.

CHAPTER 8.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF ONE
HUNDRED AND EIGHT THOUSAND POUNDS, TO BE THENCE ISSUED
FOR DISCHARGING THH PUBLICK DEBTS, AND DRAWING THE SAME
INTO THE TREASURY AGAIN.

Whereas it is necessary that provision be made by the general couit Preamble,
for discharging the debts of the ensuing year, —

Be it enacted by the Lie^ifenant-Gocernor, Council and Uom^e of
Representatives,

[StcT. 1.] That the treasurer of the province be and he hereby is Treaeurerem-

• Signed June liO, according lo the record.

37G

PnoviNCE Laws. — 17G0-61.

[CuAi'. 8.]

powered to bor-
row £108,000.

l'"ortn of treag.
urur'a receipt.

£S8,000 payable
June 20, 1765.

£80,000 for
(/'aiiadii cxpe-
dilioii.

£7,000 for forU
and gurrisona.

£6,000 for pio-
vl«lon», coiii-
iiiiHHar.v'H dig-
burHcmcntH, &c.

£.'i,000 for
proiiiiuinH, &c.

£3.1.10 for dis-
cliiin;inK dclits
wliiTe tliprc Is
no I'HtJtbliHh-
nu-nt, &c.

£n,000 for pny
of (•(,iin<cll.>rK'
and rrprcKcntn-
tivcN' iittund-
uncn.

£;i,'.00 for
nrnu'd vcmhoU.

£200r.irtlic pny

impowcrc'd and directed to borrow, from such person or persons as shall
be willing to lend the same, a sum not exceeding one hundred and
eight thousand pounds, in niill'd dollars at six shillings each, or in
other coin'd silver at six shillings and eightpeuce per ounce ; and the
sum so borrowed shall be applied in manner as in this act is hereafter
directed : and for the sum of twenty thousand pounds, being part of the
aforesaid sum of one hundred and eight thousand pounds, the treasurer
shall give his receipt or obligation in the form following : —

Province of the Massachusetts Bay, the day of

Keceived of the sum of , for the use and ser-

vice of the province of the Massachusetts Bay ; and, in behalf of said province,
I do promise and oblige myself and successors in the office of treasurer, to
repay the said or order, the twentieth day of June, one thou-

sand seven hundred and sixty-four, the aforesaid sum of , iu

coined silver at six shillings and eightpence per ounce, or Spanisli mill'd dol-
lars at six shillings each, with interest annually, at the rate of six per cent
per annum.

Witness my hand, H. G., Treasurer.

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

[Sect. 2.] And for the further sum of eighty-eight thousand
pounds, being the remainder of the aforesaid sum of one hundred and
eight thousand pounds, the treasurer shall give his notes, in the form
aforesaid, payable the twentieth day of June, one thousand seven hun-
dred and sixt^'-five ; and no receipt shall be given for less than six
pounds.

And be it farther enacted^

[Sect. 3.] That the aforesaid sum of one hundred and eight thou-
sand pounds, when received into the treasur3-, shall be issued in the
manner and for the purposes following ; that is to sa}-, the sum of
eighty thousand pounds, pait of the aforesaid sum of one hundred and
eight thousand pounds, shall be applied tor the payment of the ex-
pences in the present expedition against Canada ; and the further sum
of seven thousand pounds, part of the aforesaid sum of one hundred
and eight thousantl pounds, shall be applied for the service of the sev-
eral forts and garri.sons within this province, pursuant to such grants
and orders as are or shall be made by this court for these i)urposcs ;
and the further sum of six thousand i)ounds, part of the aforesaid sum
of one hundred and eight thousand pounds, shall be applied for purchas-
ing provisions, and the commissary's disbursements, for the service of
the several torts and garrisons within this province; and the further
sum of five thousand pounds, part of the aforesaid sum of one hundred
and eight thousand i)ouiids, shall be ai)i)lied for the payment of such
premiums and grants that now are or may hereat^er be made by this
(•()nrl ; ami the fiM'thcr sum of three thousand one hundred and fifty
jtounds, part of the aforesaid sum of one hundreil and i-ight thousand
l)()unds, shall be ap[)lied for the discliarge of other debts owing from
this province to persons that have .served or shall serve them, by order
of this court, in such matters and things where there is no establish-
ment nor any certain sum assigned for that purpose, and for paper,
writing and printing for tiiis court ; and the furtluu- sum of three thou-
sand poiuids, part of the aforesaid sum of one hundred ami eight Ihou-
s.mkI pounds, shall ))e applied lor tlu> payment of his majesty's council
;uid liouse of representatives serving in the great ami general court
during the several sessions for the present year ; ami the further sum
of three thousand and (iv(> hundred pounds, part of the albresaid sum
of one hundred and eight thousand pounds, shall l)e applietl for the pa}'-
ment ol" the cliargt' of maintaining aruu'd vessels of war beK>nging to
tills province ; and the further sum of two hundred pounds, part of the

[1st Sess.]

rilOVLNCE J^AWS. — 1700-01.

377

aforesaid sum of one IiuikIitiI and eight thousand pounds, shall be
applied for the payment of the troops that inarched for the relief of Fort
Wdliam Ilenr}', when attacked by the enemy in August, one thcjusand
seven hundred and fifty-seven ; and the further sum of one hundred
and fifly pounds, the remaining part of the aforesaid sum of one hun-
dred and eight thousand pounds, shall be applied for the payment of the
bayonets provided for the militia of this province by virtue of the act
intituled " Au Act in addition to the several acts of this province for
reguUiting the militia."

And in order to draw the money into the treasury again, and cnabk;
the treasurer effectually to discharge the receipts and obligations (with
the interest that may be due thereon) by him given in pursuance of this
act, —

Be it enacted^

[Skct. 4.] That there be and hereby is granted to his most ex-
cellent majesty a tax of one hundred and twenty thousand pounds, to
be levied on polls, and estates both real and personal within this prov-
ince, in manner following ; that is to sa}', the sum of twenty-four
thousand pounds, part thereof, according to such rules, and in such
proportions on the several towns and districts within the province, as
shall be agreed on and ordered b}' the general court or assembl}* in
their session in May. in the year of our Lord one thousand seven
hundred and sixty-three, and to be paid into the j^ublick treasuiy on
or before the thirty-first day of March then next after; and the fur-
ther sum of ninety-six thousand pounds, according to such rules, and
in such proportion on the several towns and districts aforesaid, as shall
l)e agreed on and ordered by the general court at their session in
May, one thousand seven hundred and sixtj'-four, and to be paid into
the treasury on or before the thirt3--first day of March next after.

And he it further enacted,

[Sect. 5.] ' That if the general court, in their session In Ma}-, in
the year seventeen hundred and sixty-three, and in their session in
May, seventeen hundred and sixty-four, and some time before the
twentieth day of June in each of said years, shall not agree and con-
clude upon an act apportioning the sums which by this act are engaged
to be, in each of said years, apportioned, assessed and levied, that then
and in such case each town and district within this province shall pay,
by a tax to be levied on the polls, and estates both real and personal,
within their limits, the same proportion of the said sums as the said
towns and districts were taxed b}- the general court in the tax act
then last preceeding.

[Sect. 6.] And the province treasurer is hereb}' full}- impowered
and directed, sometime in the month of July in each of the years afore-
said, to issue and send forth his warrants, directed to the selectmen or
assessors of each town and district within this province, requiring
them to assess the polls, and estates both real and personal, within
their several towns and districts, for their respective parts and jiropor-
tions of the suras before directed and engaged to be assessed, to be
paid into the treasury at the aforementioned times ; and the assessors,
as also persons assesseil, shall observe, be governed by, and subject to
all such rules and directions as shall have been given in the last pre-
ceeding tax act.

And be it further enacted,

[Sect. 7.] That the treasurer is hereb}- directed and ordered to pay
the sum of one hundred and eight thousand pounds out. of such appro-
priations as shall be directed liy warrant, and no other ; and the secre-
tary to whom it belongs to keef) the muster-rolls and accounts of
charge, shall lay before the house of rc[)re3entativcs, when they direct,
such muster-rolls and accounts, after payment thereof.

of Buch who
wrnl |c> llie
relief of Kort
William Iluiiry.

£150 for
bayonets.

1757-58, cliap.
18.

Tax of £120,000
granted.

Rule for appor-
tioniog the tax,
in case no tax
act shall be
agreed on.

Treaaurer em
powered and
directed.

378

PiiovLNCE Laws. — 1760-01.

[Chap. 9.j

Provided, always, —

[Sect. 8.] That the remainder of the sum which shall be brought
into the treasur}' b}' the taxes ordered b,y this act to be assessed and
levied, over and above what shall be sufficient to discharge the notes
and obligations aforesaid, shall be and remain as a stock in the treas-
ury, to be applied as the general court of this province shall hereafter
order, and to no other purpose whatsoever. [_Passed June 20 ; pub-
lished June 23.

CHAPTER 9.

AN ACT FOR THE BETTER REBUILDING THAT PART OF THE TO^VN OF
BOSTON WHICH WAS LAID WASTE BY THE LATE FIRE, AND FOR
PREVENTING FIRE IN THAT TOWN FOR THE FUTURE.

Preamble.
1760-61, chap.

lUO MasB. 321.

Btrcels
contirmi'd.

No biilldingg to
cncrdiich

lIlUI'COD.

IVrinlly for re-
moving boiind-
ury niurkH.

PnmnKvK to be
iiKHr»Bod by a
Jury.

Whereas great desolation hath been lately made by fire, in the town
of Boston, which hath been principally occasioned by the narrowness of
the streets, and the houses being built with wood and covered with
shingles ; and tohereas a committee was appointed by the general
court, in the last session, for regulating the streets in that part of the
town which was so laid Avaste, and the committee hath accordingly
proceeded to lay out the streets there, a plan whereof hath been laid
before this court, and is now deposited in the secretary's office, —

Be it therefore enacted by the LiexUenant-Oovernour, Council and
House of Representatives,

[Skct. 1.] That the said proceedings of the committee be and are
liereb}- confirmed ; and all actions that shall be brought for recovering
possessi(Jii of any laud lying within any of the streets laid out as afore-
said, or for damages sustained or occasioned thereby, shall be utterly
and foi'evcr barred.

And be it further enacted,

[Sect. 2.] That no building whatsoever be so erected as to cn-
croaeh upon any street by them laid out as aforesaid ; and that every
building so erected lie deemed a nusance, and be accordingly demol-
ished, by the order of an}- two justices of the peace for the county of
Suffolk, the charges of such demolition to be paiil out of the monies
which shall be raised b}- the sale of the materials of siieli building,
which, by the order of said justices, shall be sold for that purpose,
unless tlie said charges shall be inunediately paid by the owner.

And be it further enacted,

[Skct. '{.] That if any person or persons whatsoever shall wit-
tingly or willingly, without good authority, pluck ui) or remove any of
the stakes or bound-marks which have Ijeen or shall be fixed or set up,
by order of said committee, to distinguish and asccrt;iin the streets
aforesaid, and shall be thereof convicted befor(> any two justices of the
peace for the county of Suffolk, he or they shall for every such offence
l»c imprisoned, liy onlcr of sucli justices, for the space of two months,
imless he or they shall forthwith pay or cause to be paid to the treas-
m-er of tlu; town of Boston the sum of three pounds for the use of said
town.

And whereas some persons m.ay suffer damage by the laying-out of
the streets according to the plan aforesaid, and others may receive
benefit and advantage thereby, —

Bo it further enacted,

[Sr,(T. 4.] That Samuel Danforfh. Samuel Watts and Joseph
Williams, Ksqrs., or any two of them, shall, on or before the tenth day

[1st Sess.]

Pkovjnce Laws.— 1760-61.

379

of July next, sumiuoii a jury of twelve meet persons (none of which
to he inhabitants of the town of Boston) to view the streets aforesaid,
and the several tenements or lots of ianil abutting thereon, and to esti-
mate the damages which any person or persons may sustain b}- means
of any street's being laid out as aforesaid, and likewise the benefit or
advantage that may accrue to any person or persons thereby ; and
whatever damages any shall sustain according to such estimation
shall be made good to the party endamaged, either b}- such i)articular
person or persons as shall be thereby benefited, or b}' the town of Bos-
ton, or by both, in such proportion as the said jury shall find reasona-
ble ; and ever}' estate so bettered or advantaged, as well as the owner
thereof, shall be sul)jccted to make gootl the sum assessed on account
of such advantage ; the charge of the jury, as well as the charge of
laying out the streets, to be born and paid, in the like proportion, by
the town or person so benefiteil.

And be it further enacted,

[Sect. 5.] That when the jury aforesaid shall have ascertained to
the said justices the damages sustained b}- an}- person or persons I)}-
means of the laA-ing-out any street or streets as aforesaid, together willi
the several sums to be paid by the town, or an}' particular persons,
to make good such damages and dcfrey the charges of laying out the
streets, of summoning the jury, and of the justices and jurors attend-
ing on the business assigned them respectively, the said justices shall,
within six days after the jury's report, give a certificate thereof, under
their hands, to the assessors of the town of Boston ; and those assess-
ors shall, within two months after the receipt of such certificate, make
an assessment on the inhabitants of the town for such sum as b}' the
jury's report ought to be paid by the town, — and, Ukewise, on particu-
lar i)ersons, for such sum as by the jury's report ought to be paid by
them respective!}-, — and issue their warrants to the collectors, requiring
them to collect and pa}- the same, within two months, into the town
treasury. And the treasurer of said town shall, within three months
atler the issuing of such warrants, pay to the person endamaged, as
aforesaid, the respective sums assigned them by the jury's report, in
satisfaction for the damages by them sustained.

And be it further enacted,

[Sect. 6.] That where any pump, or well of water, by the laying-
out of any street as aforesaid, is taken into the street, the same shall
be kept in good order at the expence of the persons dwelling near the
same, or of the town, or both, as shall be agreed between such i)ersons
and the selectmen of the town ; and in case they cannot agree before
the sitting of t!ie court of general sessions of the peace to be held
within and for the county of SuflTolk on the first Tuesday of October
next, then the justices of the said court may and shall determine by
whom, and in what proportion, the charge of maintaining any such
pumi) or well, and keci)ing the same in good order, shall be liorne, un-
less the town shall find it inconvenient for such pump or well to remain
in the street, in which case the same shall be stop'd and filled up at
the charge of the town.

And be it further enacted,

[ Sect. 7. ] That no liouse or other building whatsoever, of more
than seven feet in height, shall l)e erected in Boston, otherwise than ol"
stone or brick and covered with slate or tiles ; and that no house or
other building already erected, of any greater dimensions than as afore-
said, shall be hereafter covered anew on the toj), any otherwise than
with slate or tiles, on penalty of fifty pounds, to be paid by the owner
of the same for the use of tiie poor of the said town, to be recovered
by an action brought for the same by the town treasurer.

12 Allen,
238, 239.

Certificate
thereof to be
returned to th«
assessorB.

Pumps or wpIIs
fulling within
the Btrecte,
how to be
Diaintaincd.

nuildlniTK, uf
what matorliilR
to be trcclc'l.

380

riiovi>;(JE Laws. — 1700-01. [Chap. 10.]

I'tTially ou non
ubiserTaocc.

Arid be it further enacted,

[ Skct. 8.] That cv(!iy dwelling-house which shall be built other-
wise tliau by this act is provided, shall be subjected to a yearly tax of
Iwcnt}' pounds ; and evei'v warehouse, shop, stable or barn, to a 3eurl3''
tax of ten pounds ; to be paid into the town treasury' by the occupier
thereof for the use of the town: and the assessors shall accordingly add
such sum or sums to the town tax of every such occupant yearly, over
and above the sum with which he would otherwise have boon taxed,
and shall particularly specify the same in the tax-bill.

Provided, ahcaj/s, —

[Sect. 9.] That it ahall and may be lawful for an}* person to build
of wood, an}' warehouse, shop or workhouse, upon an}' wharlf where, in
the ojnnion of the selectmen, no solid foundation can be had without
great expence, on condition that the sides of such warehouse, shop or
workhouse be covered with plaister or slate, and the roof covered with
slate or tiles, any thing in this act to the contrary notwithstanding.

And whereas sundry persons have heretofore inconsiderately erected
dwelling-houses or other buildings in a manner contrary to the provis-
ion of an act made and passed in the fourth year of the reign of their
late majesties King William and Queen Mary, intituled "An Act for
building with stone or brick in the town of Boston, and preventing
fire," —

Be it enacted,

[ 8ect. 10.] That every such person be indemnified and saved

in what cale'*^' bi"'Jul^ss from au}' prosecution for violating the act aforesaid : 2^''oi'idL'd

excused. that the house or other building so erected by him shall be covered

with slate, or with tiles, within ten years from the first day of June, one

thousand seven hundred and sixty. \_Passed Jane 20.

Ji;yi.'-93, cbap.

Former

CHAPTER 10.

AN ACT IMPOWERING WILLIAM BOLLAN, ESQ., AND IN CASE HE IS
PREVENTED BY SICKNESS OR DEATH, BARLOW TRECOTIIICK, ESQ.,
TO RECEIVE THE SUM WHICH IS OR SHALL BE ASSIGNED TO THE
PROVINCE OF THE MASSACHUSETTS BAY, OUT OE THE SUM OF TWO
IIUNDUKI) THOUSAND POUNDS STERLINfi, GRANTED BY THE PAPiLlA-
MENT OF GREAT BRITAIN FOR THE EXPENCE INCURRED BY THE
RESPECTIVE PROVINCES IN NORTH AMERICA, IN THE LEVYLNG,
CLOAITIING AND PAY OF THE TROOPS RAISED BY THE SAME, IN
THE YEAR OF OUR LORD ONE THOUSAND SEVEN HUNDRED AND
FIFTY-NINE.

Prenmble.

William Hollnn,
K«q., cmpow-
frnl U) ncclvo
|i.'irlliiiiu'iitary
Kraiil fur 17&U;
ami ISarlow
Tri'Collilck,

Whereas the parliament of CJreat Britain, in their last session,
granted the sum of two hundred thousand pounds steiling. to enable
his majesty to give a proper compensation to the respective provinces
in Ncjrth America, for tlu> expellees incurred by them in the levying,
cloathiiig and pay of the troojjs raised l)y the same, accoi'ding (o (ho
active vigour and strenuous elforts of the respective provinces in the
year of (nir l.,ord one thousand seven hundred and fil\y-nine, —

Be it enacted by the Lieutenant-Governor, Council and House of
Representatives,

[Sect. 1.] That William Bolhiii. Ivsq., agent for this pi'ovince in
(Ireat Britain, and in case hi> is prevented i)y sickness or ileath, Bar-
low Trecothick, Ks(j., be and is herein" aiilliorized and inipowi'i'ed to
receive the whole and eveiy part of the sum assigned, or that shall be
usbigneil, by his majesty to the province of the Massachusetts Bay, out

[1st Sess.]

Province Laws.— 1760-61.

881

of llie grunt aforesiiid, and n[)on receipt thereof to give a full discharge Esq., incase,
therefor to the right honoui'able, the lords coniniissioners of the treas-
ury, or to any person or persons whalsoevcr who shall have the same
or anv part thereof in his or their hands or possession ; and that the
said William BoUan, or Barlow Trecothick, pursue such instructions as
the}- shall respectively receive from the general court with regard to
the transportation of the same to this province.

And be it further enacted,

[Skct. 2.] That the treasurer of the province for the time being be Treasurer to
anil is hereby fully authorized and impowered to demand and receive arrivuL'
the whole and every })art of said sum of monc}-, from the commander
of any vessel on board of which the same shall have been ship'd, on
the arrival thereof within this government. [^Passed June 20 ; pub-
lished June 23.

CHAPTEE 11.

AN ACT FOR APPORTIONING AND ASSESSING THE S.UM OF NINETY-
FOUR THOUSAND EIGHT HUNDRED AND SEVENTY-SEVEN POUNDS
ELEVEN SHILLINGS; ALSO FOR APPORTIONING AND ASSESSING A
TAX OF SIXTY-NINE POUNDS, FOR FINES LAID UPON TOWNS THAT
HAVE NOT SENT ANY PERSONS TO REPRESENT THEM IN THE GEN-
ERAL COURT THE PRESENT YEAR ; ALSO FOR APPORTIONING AND
ASSESSING A TAX OF TWO THOUSAND THREE HUNDRED AND SEV-
ENTY-NINE POUNDS FOUR SHILLINGS, PAID THE REPRESENTATIVES
FOR THEIR TRAVEL, SERVICE AND ATTENDANCE IN THE GENERAL
COURT IN THE YEAR ONE THOUSAND SEVEN HUNDRED AND FIFTY-
NINE ; ALSO FOR ASSESSING A TAX OF NINETEEN POUNDS EIGH-
TEEN SHILLINGS UPON THE TOWN OF FALMOUTH AND DISTRICT OF
HARPSWELL, IN THE COUNTY OF YORK, TO BE LEVIED UPON THE
PEOPLE CALLED QUAKERS, IN LIEU OF FURNISHING THEIR RE-
SPECTIVE QUOTAS OF MEN FOR THE MILITARY SERVICE IN THE
YEAR ONE THOUSAND SEVEN HUNDRED AND FIFTY-EIGHT.

Whereas the great and general court or assembly of this province
did, in their sessions in May, one thousand seven hundred and fifty-
eight, levy a tax of one hundred thousand pounds; and also, in their 1758-59. ch. 4, §7.
session in' March, one thousand seven hundred and fifty-nine, did levy i^''^-^^- c1j»p-
another tax of eighteen thousand pounds ; and also, in their session in 1755-59, cimp.
April following, did levy another tax of fourteen thousand five hun- 32, §5.
dred and sixty pounds ; and did also, in their session in October follow- 1759-00. ch. 8, §4.
ing, levy a tax of sixty-four thousand pounds, but b}- a subsequent act i75sm-,o, cimp.
of the province, made and passed in January, one thousand seven ^''•
hundred and sixty, — upon this province receiving twent^'-seven thousand
five hundred and seventy-lour pounds ten shillings, part of the parlia-
mentary grant, — the}- ordered and directed that, instead of a tax of
sixty-four thousand pounds, there be issued but thirty-flvc thousand
])uuiids : all which sums amount to one hundred and sixty-seven thousand
live hundred and sixty pounds ; and by said acts provision was made
that the general court, at this present session, might apportion the
same on the several towns, districts, parishes and places within this
province, if they thought fit; and whereas a number of persons, pos-
sessors of government securities that will become due in June, one
thousand seven hundred and sixty-one, to i)rcvent so heavy a tax
going forth, which otherwise must have been issued, and, at the same
lime, to support the faith of the government, have engaged to lend the
government the sum of seventy thousand two hundred and fourteen

382

PROVDTCE Laws.— 1760-61. [Chap. 11.]

pounds seven shillings, to be paid at a distant period, agreable to a
supph' bill passed the court this session : wherefore, for the ordering,
directing and effectual drawing-in the said sum of ninety-seven thou-
sand three hundred and forty-five pounds thirteen shillings, we, his
majesty's most loyal and dutiful subjects, the representatives in gen-
eral court assembled, pray that it may be enacted, —

And be it accordingbj enacted by the Lieutenant-Governor, Council
and House of Representatives,

[Sect. 1.] That each town, district, parish or other place within
this province, be assessed and pay, as such town, district, parisli and
place's proportion of the sum of ninety-seven thousand three hundred
and fort3'-five pounds thirteen shillings, the several sums following ;
that is to say, —

[1st Sess.]

Province Laws.— 17G0-61.

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Pkovince Laws. — 1760-61.

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396 PiiOviNCE Laws.— 1760-61. [Chap. 11.]

And be it further enacted.
Rules for_^ [Sect. 2.] That the treasurer do forthwith scud out his warrants,

directed to the selectmen or assessors of each town, district or parish
or other place within this province that are taxed, requiring tliem,
respectively, to assess the sum herehj- set upon such town, district,
parish or other place, in manner following ; that is to say, to assess
all rateable polls above the age of sixteen 3"ears, within tlieir respective
towns, districts, parishes or other places, or next adjoining to them,
belonging to no other town or place, fifteen sliillings and eighlpcnce
per poll, and proportionably in assessing the fmes mentioned in this act,
and the additional sum received out of tlic ti'easurv for the payment
of representatives (excepting tlie governor, lieutenant-governor antl
their families, the president, fellows, professors, Hebrew instructor
and students of Harvard College, settled ministers and grannnar-
school masters, who are hcreb}- exempted as well from being taxed
for their polls, as their estates being in their own hands and undi-r
their actual management and improvement ; as also tlie estate per-
taining to Harvard College) : and other persons, if such tliere be, who,
through age, infirmity or extreme povcrt}-, in the judgment of the
assessors, are not al)le to pay towards public charges, they may exempt
their polls, or abate part of what they arc set at, as in their prudence
they shall thinlv fit and judge meet.

[Sect. 3.] And the justices in their general sessions, in the re-
spective counties asseml)led, in granting a county tax or assessment,
are hereb}' ordered and directed to apportion the same on the several
towns, districts, parishes and other places in such county in proportion
to their province rate ; and the assessors of each town in the province
are also directed, in making an assessment, to govern themselves by the
same rule ; and the incomes of all estates, both real and personal, lying
within the limits of such town, district, parish or other place, or next
unto the same, not paying elsewhere, in whose hands, tenure, occupa-
tion or possession the same is or shall be found, and also the incomes
or profits which an}' person or persons, except as before excepted, do
or shall receive from an}' trade, faculty, business or employment what-
soever, and all profits which shall or ma}' arise by money or commis-
sions of profit in their improvement, according to their understanding
or cunning, at one shilling per pound ; and to abate or multiply the
same, if need be, so as to make up the sum set and ordered hereby for
such town, district, parish or other place to pay ; and in making Iheir
assessment, to estimate houses and lands at six years' yearly rent,
whereat the same may be reasonably set or let for in the place where
they lye : saving all contracts between landlord and tenant, and where
no contract is, the landlord to reimburse one-half of the tax set upon
such houses and lands ; and to estimate negro, Indian and mollatto
servants proportionably as other personal estate, according to their
sound judgment and discretion ; as also to estimate every ox of four
years old and upwards, at forty shillings ; every cow or heifer of three
years old and upwards, at thirty shillings ; every horse and mare of
three years old and upwards, at forty shillings ; every swine of one
year old and upwards, at eight shillings ; goats and sheep of year old,
at three shillings each : likewise recjuiring the said assessors to make
a fair list of said assessment, setting forth, in distinct columns, against
each particular person's name, how he or she is assessed at for polls,
and how much for houses and lands, and how much for personal estate,
and income by trade or faculty ; and if as guardians, or for any estate
in his or her im|)rovement, in trust, to be distinctly expressed ; and the
list or lists, so perfected anil signed by them, or the major part of them,
to commit to the collectors, constable or constables of anv such town.

[1st Sess.] Pkovince Laws.— 1760-61. 397

district, parish or other place, and to return a certificate of the name
or names of such collector, constable or constables, with the sum-total
to each of them committed, unto himself, some time before the last da}-
of October next.

[Sect. 4.] And the treasurer, for the time being, upon receipt of
such certificate, is hereby impowered and ordered to issue forth his
warrants to the collector, or constable or constables of such town,
district, parish or place, requiring him or them, respectiveh', to collect
the whole of each respective sum assessed on each particular person,
and to pay in their collection, and issue their accompts of the whole, at
or before the thirty-first da}' of March, which will be in the year of our
Lord one thousand seven hundred and sixt3--one.

And be it further enacted^

[Sect. 5.] That the assessors of each town, district, parish or inhnbunnts to
other place, respectiveh', in convenient time, before their making of the ii"t",ff'tV//""
assessment, shall give seasonable warning to the inhabitants, in a town- poiiw, &o.
meeting, or by posting up notifications in some place or places in such
town, district, parish or place, or notifv the inhabitants, some other
way, to give or bring in to the assessors true and perfect lists of their
polls, rateable estate, and income by trade or facult}', and gain by
money at interest, which they are to render to the assessors on oath,
if required ; and if the}' refuse to give in an account of the money at
interest, on oath, the assessors are impowered to doom them ; and if
any person or persons shall neglect or refuse so to do, or bring in a
false list, it shall be lawful to and for the assessors to assess such
person or persons, according to their known abilit}' in such town, in
their sound judgment and discretion, their due proportion of this tax,
as near as the}' can, agreable to the rules herein given, under the
penalty of twenty shillings for each person that shall be convicted by
legal proof, in the judgment of said assessors, in bringing in a false
list ; the said fines to be for the use of the poor of such town, district,
l)arish or place where the delinquent lives, to be levied by warrant
irom the assessors, directed to the collectors or constables, in manner
as is directed for gathering the town assessments, to be paid into the
town, district, or parish treasurer, or selectmen, for the use aforesaid :
saving to the party aggrieved at the judgment of the assessors in
setting forth such fine, liberty of appeal therefrom to the court of
general sessions of the peace within the county, for relief, as in the
case of being overrated. And if any person or persons shall not
bring in a list of their estates as aforesaid to the assessors, he or they
so neglecting shall not be admitted to make application to the court
of general sessions for any abatement of the assessment laid on him or
thera.

[Sect. 6.] And if the person be not convicted of any falseness in
the list, by him presented, of the polls, rateable estate, or income by
trade or faculty, business or employment, which he doth or shall exer-
cise, or in gain by money at interest or otherwise, or other estate not
particularly assessed, such list shall be a rule for such person's pro-
portion to the tax, which the assessors may not exceed.

And forasmuch as, oftentimes, sundry persons, not belonging to this
province, bring considerable trade and merchandize, and by reason
that the tax or rate of the town where they come to is finished and
delivered to the constable or collectors, and before the next year's
assessment are gone out of the province, and so pay nothing towards
the support of the government, though, in the time of their residing
here, they reaped considerable gain by trade, and had the protection
of the government, —

Be it further enacted,

398

Pbovince L.vws.— 1760-61. [Chap. 12.]

Transient
traders to be
rated.

MoicliantB to be
rated for carry,
ing on trade in
any other town
beside where
they dwell.

Selectmen to
transmit a list
of such persons
before they are
rated.

[Sect. 7.] That when any person or persons shall come and reside
in any town within this province, and bring any merchandize, and
trade, to deal therewith, the assessors of such town are hereb}' impow-
ered to rate and assess all such persons, according to their circum-
stances, pursuant to the rules and directions of this act provided,
though the former rate may have been finished, and a new one not
perfected as aforesaid.

And be it further enacted^

[Sect. 8.] That when an}- merchant, trader or factor, shall set up
a store, and trafRck, or carr}' on anj' trade or business, in any town
Avithin this province, not being an inhabitant of such town, the assessors
of such town where such trade and business [shall be*] carried on as
aforesaid, be and hereb}' are impowered to rate and assess all such
merchants, traders and fiictors, their goods and merchandizes, for
carrying on such trade and business, and exercising their faculty in
sucli town, pursuant to the rules and directions of this act : 2')rovided,
before any such assessors shall rate such persons as aforemt'^ntioned,
the selectmen of the town where such trade is carried on shall trans-
mit a list of such persons as the}' shall judge may and ought to be
rated, within the intent of this act, to the assessors of such town or
district.

[Sect. 9.] And the constables or collectors are hereby enjoined to
levy and collect all such sums committed to them, and assessed on
persons who are not of this province, or are residents in other
towns than those where they carry on their trade, and paj* the same.
[Passed June 20.

CHAPTEK 12.

AN ACT TO CONTINUE THE LOAN OF THREE THOUSAND FIVE HUN-
DRED POUNDS TO THE TOWN OF BOSTON.

Preamble. Whekeas, in and by an act intituled " An Act for supplying the

iPJ'^^j S'^'^P" ■*• treasury with the sum of three thousand five hundred i^oiuuls, and for

§§ 5 and 6. *^ ^ '

lending the same to the town of Boston," it is enacted that the
aforesaid sum of three thousand five hundred pounds, when tlie trcas-
urv shall be supplied therewith as b}' said act is directed, shall be lent
and delivered to the selectmen of said town of Boston, to be aiiplied
to discharge the debts of the said town as the said town shall order ;
and, for securing the repayment of the same sum, with tlie interest at
the rate of six per cent ]}qv annum, to the province treasurer for the
time being, in case, according to the true. intent of said act, said town
ouglit to be held to pa}' the same, it is, among other tilings, l)y the
same act, enacted that " the treasurer, some time in the month of June,
one thousand seven hundred and sixty, shall send forth his warrant,
directed to the selectmen or assessors of the said town of Boston, re-
quiring them to assess the polls, and estates both real and pei-sonal.
williiii tlie said town, for " the '' sum of four thousand one hiindretl and
thirty pounds, in their respective proportions, to be jiaid into the prov-
ince treasury on or belbre the thirty-first day of March then next after,"
as b}' the same act more fully and at large appears : and icliereas,
pursuant to the same act, the treasurer hath lent to the said town of
Boston the sum first nuMitioned ; and ichereas the general court have
not agreed upon a general valuation through this province, and so it is
at i)resent uncertain whether the town of lloston have been overrated
since the 3ear one thousand seven hundred and lifty-six ; and as the
• Gone from the print cil copy.

[1st Sess.] Province Laws.— 1760-61. 399

town of Boston have solicited this court to continue the loan of the
sum first mentioned 'till sucli time as a general valuation shall be taken
through this province ; therefore, —

Be it enacted by the Lieutenant-Oovernor, Council and House of
Representatives,

[Skct. 1.] That the loan of the said sum of three thousand five Lonnof£3,5oo
hundred pounds be continued to the said town of Boston for the space Boaton."^^" °
of three years from the twentieth of June current, and tliat the treas-
urer be and he hereb}- is prohibited from issuing out his warrant to
the selectmen or assessors of the town of Boston for assessing the
polls, and estates real and personal, witliin the said town, for the sum
of four thousand one hundred and thirty' pounds, as in and by the
same act he is directed.

And be it further enacted and ordered,

[Skct. 2.'] That whenever the valuation shall be taken through this Treasurer
province, and each town and district's proportion thereby known and toprocUd.
determined b}' the court, and be therein' ascertained that the town of
Boston was not overrated for the year one thousand seven hundred and
fifty-six, or an}- other year after until the taking of the valuation and
ascertaining as aforesaid, — provided said determination shall be before
the year one thousand seven hundred and sixty-three, — and so not be
intitled to any allowance, or no valuation taken or setled before said
time, then the said town shall pay the whole sum of four thousand one-
hundred and thirty pounds.

[Sect. 3.] The treasurer, some time in the month of June, one
thousand seven hundred and sixty-three, shall send forth his warrant,
directed to the selectmen or assessors of said town of Boston, requiring
them to assess the polls, and estates both real and personal, within the
said town, for said sum of four thousand one hundred and thirt}'
pounds, together with the interest that shall further become due at the
time the tax shall be ordered to be levied, in their respective propor-
tions, to be paid into the province treasury- on or before the thirty-first
of March then next after ; and the assessors and persons assessed shall
observe, be governed b}-, and subject to, all such rules and directions
as shall be given in the last preceeding tax act.

[Hkct. 4.] But in case a valuation shall be taken and settled before
the year one thousand seven hundred and sixt^'-three, and thereb}- it
shall appear the town of Boston is overrated the whole of said sum
between the years one thousand seven hundred and fifty-five and one
thousand seven hundred and sixty-three, and the treasurer of the prov-
ince be certified thereof l)v the general court, in their session in May,
one thousand seven hundred and sixtj'-three, then and in such case
the said treasurer is hereby forbid issuing his warrants to the selectmen
or assessors of said town of Boston for the sum aforesaid.

[Sect. .5.] But if, upon a valuation being taken, and the propor-
tions of the several towns l)eing sotled, before the jear one thousand
seven hundred and sixty-three, it shall appear thereb}- that the said
town of Boston have been overrated l»ut only part of the aforesaid sum
of four thousand one hundred and thirty pounds, with what may be
further due for interest, then and in such case such part shall be
remitted to them ; and the treasurer shall issue his warrant for such
remainder, agi'ceable to the direction of the general court at their ses-
sion in May, one thousand seven hundred and sixty-three, requiring
the selectmen or assessois of said town of Boston to assess the same
in manner as aforesaid, with interest, to be paid into tlie treasur}- on
or before the thirty-first day of March next after; and the assessors
and persons assessed shall observe, be governed by, and subject to,
all such rules and directions as shall be given in the last preceeding
tax act. \_Passed June 20 ; published June 23.

400

Pbovince Laws.— 1760-61. [Chap. 13.]

CHAPTER 13.

AN ACT FOR THE MORE EASY DIVISION AND DISTRIBUTION OF INTES-
TATE ESTATES.

Prcancble.
1 Masb. 331.
7 MasB. 84.
0 Mass. 11.

•Tudges of pro-
bate power as
to the division
and distribution
of intestate
eutates.

Proviso.

Limitation.

Whereas it often happens that persons dying intestate leave their
real estate, or some part of it, lying in common and undivided with the
real estate of some other person, whereby the division or distribution
of such estate, In' the judge of probate, to and among the heirs, is im-
peded and delayed, to the great damage and unnecessaiy expence of
such heirs, —

Be it therefore enacted by the Lieutenant-Governor^ Council and
House of Representatives,

[Sect. 1.] That the respective judges of probate within this prov-
ince be and hei'ebj- are directed and impowered, within their several
counties, when the}' make out their warrants for the division of any
real estate of an}' person dying intestate, to and among his heirs, or
for setting off the widow's thirds, — where such estate or an}' part
th(;reof lies in common or undivided with the real estate of any other
person, — to direct the committee named in such warrant, first, to sever
and divide the said intestate estate from the estate with which it lies
in common as aforesaid : the said committee to be under oath for the
faithful discharge of this trust, and the parties concerned on both
sides to be timely notified to be present, if they see cause ; and such
division so niade, and accepted by the judge, and duly recorded in the
register's office for the same county, shall be blading on all persons
concerned.

Provided, —

[Sect. 2.] That where any minors, or persons non compos, are
interested in either of said estates, guardians shall be appointed over
them before any such division is made. Provided, also, that before
the order for such division issue, it be made appear to the respective
judges of probate that the several persons interested in such estate, if
living within the province, or the attorneys of such as are absent and
have attorneys residing within this province, have been duly notified
of such petition, and have had opportunity to make their exceptions to
the same.

[SiccT. 3.] This act to continue and be in force for the space of
two years from the twentieth of July next, and no longer. [^Passed
June 20 ; published June 23.

[2d Sess.] Province Laws.— 1760-61. 401

ACTS

Passed at the Session begun and held at Boston,
ON THE Thirteenth day of August, A.D. 1760.

CHAPTEK 14

AN ACT FOR GRANTING THE SUM OF THIRTEEN HUNDRED FOUNDS,
FOR THE SUPPORT OF HIS MAJESTY'S GOVERNOR.

Be it enacted by the Governor, Council and House of Representa-
tives,

That the sum of thirteen hundred pounds be and hereby is granted
unto his most excellent majest}-, to be paid out of the public treasur}'
to his excellcncT Francis Bernard, Esq., captain-general and govern-
or-in-chief in and over his majesty's province of the Massacluisetts
Bay, to enable him to carry on the affairs of governmeirt. \^Passed'
August 15 ; published August 16.

CHAPTEK 15.

AN ACT FOR RAISING A FURTHER SUM OF MONEY, BY A LOTTERY
OR LOTTERIES, FOR COMPLEATING THE PAVEMENT OF THE HIGH-
WAY, IN ROXBURY (FROM BOSTON LINE TO THE FOOT OF THE
MEETING-HOUSE HILL), LEADING TOW.-.RDS DEDHAM.

Whereas the great and general court, at their sessions in April, one Preamble,
thousand seven hundred and fifty-nine, impowcred Messieurs Joseph J^y^'*-^^, chap.
Williams. Samuel Heath, Ebenezer Newell, Jeremiah Richards and
Joseph IMayo to raise, b}' a lottery or lotteries, the sum of one thou-
sand six hundred and sixty-six pounds thirteen shillings and four-
ponce, to be applied towards paving and re|)ainng the highway afore-
said ; and tohereas said sum has been acconlingly raised, and the same
expended for the purposes for which it was raised, so far as it would
extend, but it being insufTicient to compleat and liiitsh said pavement,
repair and widening said highway : for raising a sum sufiicient for finish-
ing said highway, and paying the charges of said lotteries, —

Be it enacted by the Governor, Council and Ilouse of Representa-
tives^

[Sect. 1.] That the said Joseph Williams, Samuel Heath, Ebene- McBsipuro.
zer Newell, Jeremiah Richards and Josei)h Mayo, or any three of namT/snmuci
them, l)c and they hereby are allowed and imjjowered to set up and iicatii.Ebem-zer
carry on one or more lottery or lotteries, amounting in the whole to miah ulciiardg,
such a sum as, by deducting ten per cent out of the same, or out of 5"f..o"g','.f,!j;i.
each prize- or benefit-ticket, may raise the sum of seven hundred and mtno'f iiox-

402 Peovtnce Laws.— 1760-61. [Chap. 15.]

bury, allowed fifty pounds, and no more, to be applied towards finishing and com-
toca'iT^on"*^ pleating the pavement of said highway, repairing and widening the
lottery or lot- same, aud the nccessaiy charges of managing and prosecuting the lot-

tpric3 for the . . r. ■ i

purposes there- tcncs aforcsaul.

In mentioned. [Skct. 2.] And the said Joseph Williams, Samuel Heath, Ebenezer

XewcU, Jeremiah Richards and .Joseph Mayo, or any three of them,
are hereby impowercd to make all nccessaiy rules and orders for the
regular proceeding therein ; and the}' shall be sworn to the faithful
discharge of the trust aforesaid, and shall be answerable to the pur-
chasers and drawers of the tickets for anj- deficienc}' or misconduct ;
and tho money thus raised shall be applied to the uses and purposes
aforesaid. \_Passed August 15 ; published August 16.

[3d Sess.]

PiiOViNCE Laws. — 1700-61.

403

ACTS

Passed at the Session begun and held at Boston,
ON the Seventeenth day of December, A. D.
1760.

CHAPTER 16.

AN ACT FOU FINISHING SUCH COMMISSIONS AS HAVE BEEN BEGUN
TO BE ACTED UPON, AND HAVE NOT BEEN FINISHED, DURING THE
CONTINUANCE IN FORCE OF THE ACT PROVIDING REMEDY FOR
BANKRUPTS AND THEIR CREDITORS.

Whereas, during the time that the act intituled " An Act providing
remedy for bankrupts and their creditors" was in force, commissions
of bankruptc}' were issued, in pursuance thereof, against sundry per-
sons who were declared bankru[)ts, and their estates and rights trans-
ferred to be distributed among their respective creditors, in manner as
in said act is directed, and mau}' further proceedings were had relative
to such bankrupts, their estates and rights, pursuant to the said act,
in the most of which cases, when the same act determined and ceased
to be in force, a great part of such bankrupt's estates remained in the
hands of the assignees, and many of the demands and debts due and
belonging to such bankrupts were outstanding ; and, by the determina-
tion of said act, all proceedings tliereon are stopped for want of power
in the commissioners and assignees to finish their business, and make
an equitable distribution among the creditors, of the estates and rights
transferred for that purpose ; and man}- attachments have been and
may hereafter be made of the bankrupt's effects and demands in the
hands of the assignees or debtors of such bankrupts, whereby great
injustice and inequal[l]ity will take place unless prevented ; for rem-
ecly whereof, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That all commissioners and assignees that were ap-
pointed and constituted pursuant to said act, while the same was in
force, be and hereb}- are authoi'ized and directed to execute and finish
their respective trusts and undertakings, aforesaid, in the same manner
as the}' were impowered and directed in and b\- said act ; and shall and
may, in the same manner, prosecute any suits, and exercise the same
powers touching the matters and things committed to them ; and such
assignees shall be, in [the] like manner, held to distribute the goods
and estate of such bankrupts as in and b}- said act they were to dis-
tril)ute and pa}' the same. And such bankrupts, their trustees, debt-
ors, creditors, persons to be examined, and all others concerned, shall
be subjected to the same regulations and orders, and upon the same
penalties and forfeitures, that in and by said act they were subjected to.

Pruvidetl, —

[Sect. 2.] That, as to such bankrupts as, at or before the time of

Preamble.
1757-58, ehnp.
12.

ComraissionrrH
ompoworod to
finifh tbfir
triiKts.

Bankrupts, &c.,
•ubJccU-U UH hy
Ibe former iici.

Proviso.

404

Province Laws.— 1760-61. [Chap. 17.]

Attachments on
estatort trans-
ffmJ pursuant
to former act,
made void.

Preamble.

Ccrtidcatua
rendered valid.

FrovUo.

their becoming bankrupts, were merchants or factors, or had traded in,
or had consignments from, Great Britain, the respective assignees shall
not malie any further distribution until after the commissioners have
again met to receive and examine any new claims that shall be offered,
and have determined which of them shall be allowed ; and the commis-
sioners are hereby required to give publick notice, in manner as is
directed in said act, of the time and place of their meeting ; which time
of meeting shall not be less than nine months, nor more than twelve
months, after such notification.

And be it farther enacted^

[Sect. 3.] That all attachments made of any estate of such bank-
rupts that hath been transferred pursuant to said act, whether upon
suit against such bankrupts, or against such assignees, or any others,
as factors, or agents, or trustees, of such bankrupts, shall be and
hereb}- are declared A'oid ; and accordingl}' shall, upon the same being
shewed to the court before whom thej' are or shall be depending, be
dismissed.

And tvhereas it would be veiy severe and distressing to those bank-
rupts, who, instead of absconding, and defrauding their ci"editors of
their estates b}- private trusts and concealments, have conformed to
said act, and delivered up all they had, in expectation of the benefit
of the same act, if their future acquisitions, and bodies, should still
remain liable to such creditors ; and as it is improbable that, under
such confinements or discouragements, such bankrupts will ever acquire
an}- estate wherewith to make any further paj^ments to such creditors,
or be useful to the publick, —

Be it therefore enacted,

[Sect. 4.] That a like certificate with that mentioned in the act
aforesaid, and so obtained, signed and allowed as is therein required,
shall be as effectual, and in the same manner avail any bankrupt to
whom it shall be given, as if the same had been obtained while said
act was in force.

Provided, nevertheless, —

[Sect. 5.] This act shall not be construed to extend to any case
■wherein the bankrupt did not surrender himself, and deliver up his
effects, before the determination of said act. [^Passed and published
December 24.*

CHAPTER 17.

AN ACT FOR ALLOWING NECESSARY SUPPLIES TO THE EASTERN
INDIANS, AND FOR REGULATING TRADE WITH THEM AND PRE-
VENTING ABUSES THEREIN.

Preamble.
17 5'^ -03, chap.
14.

Indliinn to be
*tip|illpd by
persons obosen

"Whereas the Indians in the eastern parts of this province, have many
3'ears since recognized their subjection and obedience to the crown of
fJrcat Britain, and have their (icpen(l[e][(/]ii('o upon this government
for supplies of cloathing, provisions, and other necessar[y ]| /(']s : to the
intent, therefore, that the}- may be furnished with the same at such easy
rates as may engage them to a firm adiierence to his majesty's inter-
est.—

Be it enacted by the Governor^ Council and House of Rej>resenta-
tivps,

[Sect. 1.] That provisions, cloathing and other suitable sup-
l)l[y][/r']3 for a trade with the Indians, be procured witii the several
• Signed Jaiumry 01, according to the record.

[3u Sess.]

riiovi-NCE Laws.— 17G0-G1.

405

sums that have been, now are, or shall hereafter be granted for that
j)urpose l>y the general court, and fvpi)l[.v]['']ed, from lime to time, for
supplying the said Inilians as aforesaid, b^' sucii person or persons as
shall be annually chosen i)y this court, who shall proceed according to
the instructions they shall receive from this court, or from the com-
mander-in-chief for the time being, by and Avith the advice of the coun-
cil, on any emergency in the recess of this court: jvovidcd such
instructions and directions be consist [a] [rjnt with such instructions
as arc or may be given by the general court ; and all supplies of cloath-
ing, provisions and other necessaries shall be lodged at such places
in the eastern parts of this province, and elsewhere, as the general
court have or may hereafter order.

And be it farther enacted,

[Sect. 2.] That a suital)le person be appointed by this court for
each of the places where any of the goods aforesaid arc lodged, as
truck-masters for the management of the trade with the Indians ; and
to be paid for his service such sum or sums as this court shall judge
reasonable for his allowance in said capacity' ; and in case of the death
or removal of an}' one or more of said truck-masters by mismanag[fi]-
ment of said trust, during the recess of the court, another shall be i)ut
in his room b}' the commander-in-chief, with the advice of the council ;
which truck-masters shall be under oath, and give suflicient security tcj
the province treasurer for the fiiithfal[l] discharge of their office, and
shall observe the instructions which, from time to time, shall be given
them, and shall not trade for themselves, onh* in the capacity of a truck-
master, with the Indians, or any other person or persons ; neither may
any officer or soldier, residing at or within any of the truck-houses,
or any other j^erson in the pay of this government, either on account of
themselves, or an}- other person or persons, presume to trade with the
Indians, on board any ship or vessel[l] or transport, in those parts,
for an}' of the aforementioned goods; nor shall it be lawful [Ij for
any other person or persons to sell, truck, barter or exchange with any
Indian or Indians, any strong beer, cyder, wine, rum, brand}" or any
other strong liquor, cloathing, or any other thing whatsoever the
Indians ma}' want, on penalty of forty shillings, or six months' impris-
onment for each and every offence above mentioned.

And be it further enacted,

[Sect. 3.] That the said truck-masters shall sell the goods to the
Indians at the prices set in the invoices sent them from time to time
by the commissary, which shall be the same which he gave for the
goods in the town of Boston, with a reasonable advance thereon, suffi-
cient to pay the charge of transportation and all other charges arising
thereon ; and shall allow the Indians, for their fur[r]s and other peltry,
as the market shall be at Boston, according to their several quali-
t[y][/e]s, by the latest advices that they shall receive from the said
oQicer, who shall send the prices to the several truck-masters at least
twice in a year: viz[']., every spring and fall : and the truck-masters
may supply the Indians with rum in moderate quantities, as they shall,
in prudence, judge convenient and necessary.

[Sect. 4.] And in case any of the truck-masters shall presume to
sell any goods at higher rates than they are set at by the government,
or shall charge to the government more for any fur[r]s or other goods
than they allowed the Indians theretbr, such truck-masters. l)eing con-
victed thereof, shall forfeit and pay the sum of one hundred jiounds,
and shall thenceforth be altogether disabled to hold or exercise any
office within this government ; and the more effectually to prevent or
detect any such pernicious practi[s][c]es, each and cveiv truck-mas-
ter, when and so often as he shall settle and adjust his account with the

by Uio court,
nKrccnble to
inKtructioDH.

To be paid n»
the court hliall
jiuli^e reaBon
able.

Tnicb-raasterii
to be under
oatb, and givi?
security.

Not to trade for
themselves.

No other per-
sons to trade'
with the
Indians.

Commissary to
set prices at
which goods ar<
to be sold.

rricee of fur»
regulated.

•106

Peovince Laws.— 1760-61.

[CiiAr. 17.]

Track-master's
oath.

Method of con-
viction of per-
pons soiling to
linll:ins contrary
to this act.

Form of the
oatli.

Further method
of cuuviction.

AccUKiilloii of
nil lixlian good,
in ciiHc.

said ofllcer appointed by this court for supplying the Indians, sliall
make oatii before the said officer, who is hereb}- authorized and ap-
pointed to administer the same, in manner following ; vizp]., —

You, A. B., do swear that the goods committed to you for the supply of the
Indians, have been sold at no higher rates than they were set at by the gov-
ermnent, and that you have charged for the fur[r]s and goods you have made
returns of, no more than you have paid the Indians for them. So help you
God.

And for the better discovery of such ill-disposed persons, wlio,
thi-o[']['«7//] greediness of filthy lucre, and regardless of the publick
good, shall privat[e]ly sell or deliver any sort of strong drink to any
Indian or Indians, of which it is difficult to obtain pos[s]itive evidence,
other than the accusation of such Indian or Indians, —

Be it further enacted,

[Sect. 5.] That the accusation and affirmation of any Indian or
Indians, the accuser and accused being brought face to face at the
time of trial, shall be accounted and held to be a legal conviction of
the persons accused of giving, selling, or delivering wine, or any other
strong drink or liquors to such Indian or Indians, unless the person
accused shall acquit himself, upon oath, which the court, in all such
cases, are hereby impow[ri]red to administer in the form following;
viz ['].,-

You, A. B., do swear that neither yourself, nor any other by your order,
general or particular assent, privity, knowledge or allowance, directly or indi-
rectly, did give, sell or deliver any wine, cyder, rum or other strong liquors
or drink, by what name or names soever called or known, unto the Indian by
whom and whereof you are now accused. So help j'ou God.

And he it further enacted,

[Sect. G.] That upon the complaint or information of an}' other
person for the breach of this law, there being such circumstances as
render it highly probable, in the judgment of the justice before whom
the trial is. that the person complained of is guilty of the breach of the
said act ; then and in every such case, unless the defendant shall acquit
himself upon oath, as aforesaid, to be administred to him by the jus-
tice before whom the trial shall be, the same shall be accounted a legal
conviction of the defendant's giving, selling, or delivering of wine or
otlier strong liquors, of which he or they shall be accused, and he
or Ihey shall pay and suffer the penalty already by this act provided ;
but in case the defendant shall acquit himself upon oath, to be admin-
istred to him as aforesaid, that then he shall recover against the com-
plainant double his cost occasioned by such prosecution.

And l>c it farther enacted,

[Sect. 7.] That upon the accusation of an Indian, or complaint of
any other person, to any of his majesty's justices of the peticc within
this province, against any i)erson ibr selling, gi\ ing or delivering any
wine, rum or other strong liquors, to any Intlian, contrary to the true
intent and meaning of this act, the justice may tender to the person
accused or complained of, the aforesaid 6ath, unless there be such other
circmnstances concurring as render it highly jirobable. in the opinion
of the justice, tlnit the person accused is guilty, which, if he refuses to
take, he shall l)ind him in a bond of recognizance, not exceeding one
Inindred pounds, with suret[y][(V.s], to answer the same at the court of
g(>neral sessions of the peace next to be held in the county where the
olfence is committed ; but if the i)ers(»n accused shall actiiiit himself
upon oath, as aforesaid, the juslitv shall dismiss the i)erson, and allow
him tloublc his cost, against the complainant, occasioned by such piosc-
cut ion

[3d Sess.]

Pkovlnce Laws.— 1760-61.

407

And he it further enacted,

[Sect. 8.] That, if an}- person or poisons shall hereafter be eon- False swearing
victed of false swearing in an}- case in this act mentioned, he or thc\- pt^ury.'***
shall be liable to the same pains and penalties as is alreadj' by law
provided against ^'^^^[l] perjuiy.

[Sect. D.] This act to continnc and be in force for the space of
three years from the pnblieation thereof, and no longer. [^Passed
January 30 ;* published January 31, 1761.

CHAPTEK 18.

AN ACT FOR GRANTING UNTO IIIS MAJESTY SEVERAL RATES AND
DUTIES OF IMPOST AND TUNNAGE OF SHIPPING.

We, his majest3''s most dntifnl and lo3al snbjects, the representa- I'rcambie.
lives of the province of the Massachusetts Bay, in New Ii)nglaud, being
desirous of lessening the publick debts, have chearfulh' and unani-
mousl}' given and granted, and do give and grant, to his most excellent
majest_y, for the service of this province, as the}' shall hereafter apply it,
the several duties of impost upon all liquors, wares, goods and mer-
chandize that shall be imported into this province, and tunnagc of
shipping, hereafter mentioned ; and pra}- that it may be enacted, —

And he it accordinffiy enacted hy the Govenio\_n\r, Council and
House of Representatives,

[Sect. 1.] That from and after the twenty-fifth day of March, one lutes of import,
thousand seven hundred and sixty-one, to the twenty-sixth da}- of
March, one thousand seven hundred and sixty-two, there shall be paid
by the importers of all wines, rum and other liquors, goods, wares and
merchandize that shall he imi)orted into this province b}' any of the in-
habitants thereof (except wliat is by this act hereafter exempted) , the
several duties of impost following ; vizi^''., —

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

For every hogshead of rum containing one hundred gallons, eight
shillings.

For every hogshead of sugar, fourpence.

For every hogshead of molasses, fourpence.

For every hogsliead of tobacco, ten shillings.

For every pound of tea that shall be imported from any of his maj-
esty's plantations in America, one shilling.
— And so, proportional ily, for a greater or less quantity.

And for all other commodities, goods or merchandize not mentioned
or not excepted, four[)ence for every tw-enty shillings value: except-
ing such goods as arc the product or manufacture of Great Britain.

[Sect. 2.] And for any of the above-mentioned liquors, goods,
wares and merchandize; (excepting tea, which shall pay only one
shilUng), that shall l)e imported into this province by any of the in-
hal)itants of the oilier [»roviiiccs or colonies on this continent, or of
the P^nglisli "NVest-Iiidia Islands, in any ship or vessel to them belong-
ing, on the proper account of any of the said inhabitants of the said
provinces, colonics or islands, tliere shall be paid by the importers double
the impost laid by this act : jirovided. abnays, that every thing wiiich Provtao.
is the growth or produce of the provinces or colonies aforesaid (to-
bacco and bar-iron excepted), and all provisions, salt, cotton-wool, pig-
iion, mahogony, brazilleto, black-walnut, lignum-vit[ee][ce], red-cedar,

* Signed January '61, according to the record.

Double Impost
to bo paid for
i;oo(l» Imported
by the liiliab-
itants of other
colonics.

•J 08

Peovince Laws.— 1760-61. [Chat. 18.]

Drawback of
the whole im-
post to ilie im-
porter, in case.

Master of
Tcsscla to make
report.

To forfeit, In
case of brealdng
bulk.

Invoice to bo
produced.

Oath.

DutlrH to b«
iiiilil before
luudinK.

logwood, hemp, raw skins aud hides, and also all prize goods brought
into and condemned in this provmce, are and shall be exempted from
every the rates and duties aforesaid.

Ayid be it further enacted,

[Sect. 3.] That all goods, wares and merchandize, the property of
any of the inhabitants of any of the neighbouring proA-inces or colo-
nies on this continent, that shall be imported into this province, and
shall have paid, or on which there shall have been secured to be paid,
the duty of impost by this act provided to be paid, and afterwards
shall be exported and landed in an}' of the said provinces or colonies
on this continent, then and in such case the exporter, producing a
certificate from some officer of his majestj^'s customs, that the same
has been landed in some of the provinces or colonies aforesaid, shall
be allowed a drawback of the whole dut}' of impost by him paid, or
secured to be paid, as b}' this act provided.

And he it farther enacted,

[Sect. 4.] That the master of ever}- ship or vessel coming into
this province from any other place, shall, within twenty-four hours after
his arrival in any port or harbour, and before Inilk is broken, make
report and deliver a manifest, in writing, under his hand, to the com-
mijisioner aforesaid, of the contents or loading of such ship or vessel,
therein paiticularly expressing the species, kind and quantities of all
wines, liquors, goods, wares and merchandize imported in any such
ship or vessel, with the marks and numbers thereof, and to whom the
same are consigned ; and make oath before the commissioner that the
same manifest contains a just and true account of all the lading taken
on board and ini[)oi'ted in such ship or vessel, so far as he knows or
believes ; and that if he knows of any more wines, liquors, goods,
wares or merchandize laden on board such ship or vessel, aud im-
ported therein, he will forthwith make report thereof to the commis-
sioner aforesaid, and cause the same to be added to his manifest.

And be it further enacted^

[Sect. 5.] That if the master of any ship or vessel shall break
bulk, or suffer any of the wines, liquors, goods, wares and merchan-
dize imported in such ship or vessel to be unladen before rejjort and
cnti-y. thereof be made as aforesaid, he shall forfeit the sum of one
hundred pounds.

And be it further enacted,

[Sect. G.] That all merchants and other persons being owners. of
any wines, liquors, goods, wares or merchandize imported into this
piovince, for wliich any of the rates or duties aforesaid arc payable,
oi- having tlie same consigned to them, shall make an entry thereof
with the connnissioner aforesaid, and produce an invoice of all such
goods as pay ad valorem, and make oath before him in the form fol-
lowing ; viz'"., —

Vou, A. li., do swear that tlie entry of the goods and merchandize by you
now iiiaile, exhibits the sterling value of said goods, and that, bona fide, ac-
coi-diiig to your best skill and judgment, it is not less than that value. So
iii'l]> you God.

— wliich oath the commissioner or receiver appointed in consequence
ol' this act is hereby impowered and directed to administer; and the
owners aforesaid siiall pay to the said commissioner, or give security
to pay, the duty of iinp6st by this act required, before such wines,
liquors, goods, waies or merchandize be landed or taken out of the
vessel in which the same shall be imported.

[Sect. 7.] And no wines, liquoi-s, goods, wares or merchandize
that by this act arc liable to pay impost or duty, shall be landed on

[3d Sess.]

Province Laws. — 1760-61.

•loy

any wbaif, or in any warehouse or other place, but in the daytime only,
and that after sunrise and before sunset, unless in the presence or with
the consent of the coiuinissioner or receiver, on pain of forfeiting all
such wines, liquors, goods, wares and niercliandize, and the lighter,
boat or vessel out of which the same shall be landed or put into any
warehouse or other place.

[Sect. 8.] And if any person or i)ersons shall not have and pro-
duce-an invoice of the quantities of rum or other liquors to him or
tliem consign[e]d, then the cask wherein the same are. shall I)e gauged
at the charge of the; importer, that llie contents tlien-of may be known.

Provided., nevertheless, —

[Skct. U.] That the said commissioner shall be and hereby is al-
lowed to give credit to sucli person or persons whose duty of impost in
one vessel shall not exceed six pounds ; which ci'cdit sliall be s(j limited
as that he shall settle and liallance his acconij^ts with every person, on
or before the twenty-sixth day of March, one thousand seven hundred
and sixtv-two, that the said acco[mp][(n/]ts may be i)roduced to this
court as soon as ma}' be after ; and for all entries where the impost to
be paid doth not exceed three shillings, the said commissioner shall not
demand any thing, and not more than sixpence for anj- other single
entry, to what value soever.

And be it further enacted,

[Sect. 10.] That the importer of all wines, liquors, goods, wares
and merchandize, from and after the twent3--fifth day of INIarch, one
thousand seven hundred and 6ixt3--one, and until the twenty-sixth day
of March,, one thousand seven hundred and sixty-two, b}' land-carriage,
or in small vessels and boats, shall make report and deliver a manifest
thereof to the commissioner aforesaid or his deput}', therein particularl}'
expressing the species, kind and quantit}' of all such wines, liquors,
goods, wares and merchandize so imported, with the marks and num-
bers thereof, when, how, and by whom brought ; and shall make oath,
before the said commissioner or his deputy, to the truth of such report
and manifest, and shall also pa^' or secure to be paid the several
duties aforesaid by this act charged and chargeable upon such wines,
liquors, goods, wares and merchandize, before the same are landed,
housed, or put into any store or place whatsoever.

And be it further enacted,

[Sect. 11.] That every merchant or other person importing any
wines into this province, shall be allowed twelve per cent for leakage :
provided such wines shall not have been filled u[) on board ; and that
every hogshead, butt or pipe of wine that hath two-thirds thereof
leaked out, shall be accounted for outs, and the merchant or importer
shall pay no duty for the same. And no master of any ship or vessel
shall suffer an}- wines to be filled up on board without giving a certifi-
cate of the quantity so filled up, under his hand, before the landing
thereof, to the commissioner or receiver of impost for such port, on
pain of forfeiting the sum of one hundred pounds.

[Sect. 12.] And if it ma}- be made to appear that any wine
imported in any ship or vessel be decayed at the time of unloading
thereof, or in twenty days afterwards, oath being made before the com-
missioner or receiver that the same hath not been landed above that
time, the duties and impost paid for such wines shall be repayetl unto
the im[)orter thereof.

And be it further enacted,

[Sect. i;3.] That the master of every ship or vessel importing any
liquors, wines, goods, wares or merchandize, shall be liable to pay the
im[)ost for such and so mucli thereof, contained in his manifest, as shall
not be duly entered, and the duty paid for the same by the person or

CommisBioner
allowed to give
credit.

Importer by
land-c:irri.ago or
in email vcHscIa,
to make report.

Allowance for
leakage.

Master allowed
to detain trfoda
not filtered, or
till' duty not
paid.

410 PROVINCE Laws.— 17G0-61. [CiiAr. 18.]

persons to whom such wines, liquors, goods, wares or merchandize are
or shall be consigned. And it shall and may be lawful, to and for the
master of everj- ship or other vessel, to secure and detain in his hands,
at the owner's risque, all such wines, liquors, goods, wares and mer-
chandize imported in an}' ship or vessel, until he receives a certificate
from the commissioner or receiver of impost that the duty for the same
is paid, and until he be repaid his necessary charges in securing the
same ; or such master ma}' deliver such wines, liquors, goods, wares
and merchandize as are not entered, unto the commissioner or receiver
of the impost in such port, or his order, who is hereby impowered and
directed to receive and keep the same, at the owner's risque, until the
impost thereof, with the charges, be paid, or secured to be paid ; and
then to deliver such wines, liquors, goods, wares or merchandize as
such master shall direct.
And be it further enacted^
Master liaijic to fSECT. 14.1 That the commissioner or receiver of the impost in

DC BllCClt i_ -J *■

each port, shall be and hereby is impowered to sue the master of any
ship or vessel for the impost or duty of so much of the lading of any
wines, liquors, goods, wares or merchandize imported therein, accord-
ing to the manifest to be by him given upon oath, as aforesaid, as shall
remain not entered and the duty of impost therefor not j^aid or
secured to be paid. And where any goods, wares or merchandize are
such that the value thereof is not known, whereby the impost to be
recovered of the master for the same cannot bo ascertained, tlie owner
or person to whom such goods, wares or merchandize are or shall be
consigned, shall be summoned to appear as an evidence at tlie court
where such suit for the impost and the duty thereof sliall be brought,
and be there required to make oath to the value of such goods, wares
or mercliandize.

And be it farther enacted^
uab'ie'to ui [SiiCT. 1").] That the sliip or vessel, with her tackle, apparel and

taken in osccu- furniture, the master of which shall make default in anything by
"°°' this act required to be performed by him, shall be liable to answer and

make good the sum or sums forfeited by sueli master, according to this
act, for any such default, as also to make good the impost or duty for
all wines, liquors, goods, wares and merchandize not ent[e]red as afore-
said, or for wiiich the duty of impost lin[lli][yv'] not bt-i'ii paid ; and,
upon jiidgMii-nt recovered against sueii master, the said ship or vessel,
with so Miuch of the tackle or appurtenances thereof as sh:ill be sullleient
to satisfy said judgment, may be taken Ity execution for tiie same ; and
the conunissioner or receiver of the impost is lien'by impowered to
make seizun; of tlie said ship or vessel, and detain the same under
seizure until ju^^lj/nient be given in any suit to be eonnneneed and pros-
ecuted for any of the said forfeitures, or for the duty aforesaid ; to the
intent, that if Judgment be rendered for the i)rosi'ciitors or informer,
such slii|) or vessi'l and appurtenances may be exposed to sale, for satis-
faction Ihfreof, as is bcl'ore providetl : lailess the owners, or some on
their l>ehalf, for the releasing of such sliip or vessel from under seizine
or restraint, shall give sullleient security to the commissioner (n* receiv-
er of impost that seized the same, to respond or satisfy the sum or
value of the forl'eitines and duties, with chaiges, that sliall be recov-
ered against the master thereof, upon siu-h suit to be brought for the
same as aforesaid ; ami the master occasioning such loss or damage
unto the owners, through his default or neglect, shall be liable unto
their action for the same.
And be it further enacted,
notto clear [Sect. 1(3.] That the naval ofTicer within any of the ports of this

province shall not clear or give passes to any master of any ship or

[3d Sess.]

Province Laws. — 17G0-G1.

411

vessel, outward bound, until he shall be certified, by the commissioner
or receiver of impost, tliat the duty and iiui)ost for the goods lust im-
ported in such shij) or vessel are i)aid or secured to be paid.

[Sect. 17.] And the conunissioner or receiver of impost is hercb}'
imi)0wered to allow bills of store to the master of any ship or vessel
imi)orting any wines or liquors, for such private adventures as .shall
belong to the master or seamen of such shii) or vessel, at the discretion
of the commissioner or receiver, not exceeding three per cent of tlie
lading ; and the duties payable by this act for such wines or liquors, in
such bills of stores mentioned and expressed, shall be abated. ,

And for the more eirectual preventing any wines, rum or other dis-
tilled spirits being brought into the province from the neighbouring
governments by land, or in small boats or vessels, or an}- other way.
and also to prevent wines, rum or other distilled spirits being first sent
out of this province, and afterwards brought into the government
again, to defraud the government of the duties of impost, —

Be it enacted,

[Sect. 18.] That the commissioner and receiver of the aforesaid
duties of impost shall, and he is hereby impowered and enjoined to.
appoint one suitable person or persons as his deputy or deputies, in all
such places of this province where it is likel}" that wine, rum or other
distilled spirits will be brought out of other governments into this ;
which officers shall have power to seize the same, unless the owner
shall make it appear that the dut}' of impost has been paid therefor
since their being brought into or relanded in this government ; and
such officer or officers are also impowered to search, in all suspected
places, for such wines, rum or other distilled spirits or tea brought or
relanded in this government, where the dut}' is not paid as aforesaid,
and to seize or secure the same for the ends and uses as in tliis act is
hereafter provided.

And be it farther enacted,

[Sect. 19.] That the commissioner or his deputies shall have full
power to administer the several oaths aforesaid, and search in all sus-
pected places for all such wines, rum, liquors, tea, goods, wares and
merchandize as are brought into this proAince, and landed contrary to
the true intent and moaning of this act, and to seize the same for the
uses hereinafter mentioned.

And be it further enacted,

[Sect. 20.] That if the said commissioner, or his deputy, shall
have information of any wines, rum or other distilled spirits, or tea,
being brought into and landed in any place in this province, for which
the duties aforesaid shall not have been paid after their being brought
into or relanded in this government, he may apply to any justice of the
l)cace within the county, for a warrant to search such place ; and said
justice shall grant such warrant, directed to some i)roper officer, upon
said connnissioner or his dei)Uty'.s making oath that he hath had inf(jr-
mation as aforesaid ; and having such warrant[s]. and being attended
by such officer, the said commissioner or his deputy may, in the day-
time, between sunrise and sun-setting, demand admittance of the person
owning or occupying such place, and, upon refusal, shall have I'ight to
l»rcak open such place ; and, finding such licjuors or tea, may seize and
take the same into his own custody; and the commissioner aforesaid,
or his deputy, shall be and hereby is impowered to command assistance,
and impress carriages necessary to secure the liquors or tea seized as
aforesaid ; and any persons refusing assistance, or preventing any of
the said officers from executing their office, shall forfeit five pounds to
the said commissioner ; and he or his deputy shall make reasonable
satisfaction for the assistance aforesaid, and carriages made use of, to

vesBels until
impost bo paid.

Bills of Btoro
to be allowed.

Commissioner
to appoint offi-
cers in places
wbero wines,
rum, &c., may
be brought out
of other
governments.

Commissioner
or deputy em-
powered to
administer the
oalli, S:c.

The comniis-
giontT or depu-
ty, upon infor-
mation of any
liquors being
brought into
this province,
and the duty not
paid, to apply
to a justice for
a warrant to
search, &c.

412

PnoviNCE Laws.— 1760-61. [^iiap. 18.]

Tonnage of
shipping.

Vcsgels to be
measured, If
Buspectcd.

Drawback for
wine, runs and
tea allowed,
In cose.

secure the liquors or tea seized as aforesaid ; and the commissioner or
his deputy shall then file an information of such seizure iu the inferiour
court of common pleas for the count}' wherein such seizure shall be
made, which court shall summon the owner of such li(iuor[.s] or tea. or
the occupier of such shop, house or warehouse, or distil[l]-house whcie
the same were seized, to appear and shew cause, if any he has, why
such liquors or tea so seized shall not be adjudged forfeited ; and if
such owner or occupier shall not shew cause as aforesaid, or shall make
default, the said liquors or tea shall be adjudged forfeited, and the said
court shall order them to be sold at public[/i] vendue ; and the nctt
produce of such sale shall be paid, one half to the province treasurer for
the use of this province, and the other half to the said commissioner.

.bid be it further enacted,

[S?:cT. 21.] That there shall be paid In* the master of every ship
or (jther vessel, coming into an}' port or ports of this province, to trade
or tratficlc, whereof all the owners are not belonging to this province
(excepting such vessels as belong to Great Britain, the provinces or
colonies of Pennsylvania, West and East Jers[f]y, Connecticut, New
York, New Hampshire and Rhode Island), every voyage such ship or
vessel doth make, one pound of good pistol-powder for ever}' ton such
ship or vessel is in burthen : savinrj for that part which is owned in
Great Britain, this province, or any of the aforesaid governments,
which are hereby exempted ; to be paid unto the commissioner or
receiver of the duties of impost, and to be employed for the uses and
ends aforesaid.

[Sect. 22.] And the said commissioner is hereby impowered to
appoint a meet and suitable person, to repair unto and on board any
ship or vessel, to take the exact measure and tunnage thereof, in case
he shall suspect the register of such ship or vessel doth not express
and set forth the full burthen of the same ; the charge thereof to be
paid by the owner or master of such ship or vessel, before she shall be
cleared, in case she shall appear to be of a greater burthen : otherwise,
to be paid by the commissioner out of the money received by him for
impost, and shall be allowed him, accordingly, by the treasurer in his
accompts. And the naval ofFicer shall not clear any vessel until he be
certified, also, by the commissioner, that the duty of tunnage for the
same is paid, or that it is such a vessel for which none is payable
according to this act.

And he it further enacted,

[Sect. 2.'>.] That when and so often as any wine, rum or tea
iini)orted into this province, the aforesaid duty of impost upon which
i-lKill have been paid agre[e]able to this act, shall be re-shippetl and
cNp'oileil from this government to any other part of the worlil. tli:it
then and in every such case, the export(M' of such wine or ruin or tea
siuill make oalh at the time of shipping, before the receiver of impost
or his deputy, tliat the whole of tiie wine or rum or tea so shipiied lias.
bona fuh\ had the duty of impost aforesaid paid on the same, and shall
afterwards produce a certificate from some odicer of the customs, that
the same lias been landed out of- this government, — or otherwise, in
case such rum or wines or tea shall be exiiorted to any place where
there is no officer of the customs, or to any foreign port, the master of
th( vessel in which the same shall be exported shall make oath that
the same has been landed out of the government. — and the exporter
sluill, ui)on producing such certificate, or upon such oath of the master,
make oalh that he verily believes no part of said wines, rum or tea has
been relanded.in this province, — such exporter shall be allowed a
drawback from the reeeivi-r of impost as follows; viz''^., —

For ever}' pipe of wine, nine shillings.

[3d Sess.] Province Laws. — 1760-61. 413

For every hogshead of mm, seven sliillings and sixpence.

And for every pound of tea, one shilling.

Pro V iclcH I , a Iwaj/s , —

[Skct. 24.] That if, after the sliipping of sueh wines or rum or tea Proviso,
to be exported as aforesaid, and giving security as aforesaid, in order
to obtain tlie drawback aforesaid, the wuic or rum or tea so sliipped to
be exported, or any part tliereof, shall be relanded in this province, or
brought into the same from any other province or colony, that then
all such wine, rum and tea so relanded and brought again into this
province shall be forfeited, and may be seized by the commissioner
af( resaid or his deputy.

And be it further enacted,

[Sect. 25.] That there be one fit person, and no more, nominated Appointment
and appointed by this court, as a commissioner and receiver of the ""J Juty. of tho
aforesaid duties of impost and tunnage of shipping, and for the in-
spection, care and management of the said otBce, and whatsoever
relates thereto, to receive conniiission from the governo[u]r or com-
mander-in-chief for the time being, with autliority to substitute and
appoint a deput3'-receiver in each port, or other i)hices besides that in
which he resides, and to grant warrants to such deputy-receivers for
the said place, and to collect and receive the impost and tunnage of
shipping as aforesaid that shall become due within such port, and to
render the account thereof, and to pay in the same, to the said com-
missioner and receiver : which said commissioner and receiver shall
keep lair books of all entries and duties arising by virtue of this act ;
also a particular -account of every vessel, so that the duties of impost
and tunnage arising on said vessel ma}' appear ; and the same to lie
open, at all seasonable times, to the view and perusal of the treasurer
or receiver-general of this province (or any other person or persons
whom this court shall appoint) , with whom he shall account for all col-
lections and payments, and pa}- all such monies as shall be in his hands,
as the treasurer or receiver-general shall demand it. And the said
commissioner or receiver and his deputy or deputies, before their
entering upon the execution of their said office, shall be sworn to deal
trul}' and faithfully therein, and shall attend in said office from ten of
the clock in the forenoon until one in the afternoon.

[Sect. 26.] And the said commissioner or receiver, for his labour,
care and expences in the said office, shall have and receive, out of the
province treasury, at the rate of sixty pounds per annum ; and his deputy
or deputies shall receive for their service such sums as the commis-
sioner of impost, together with the province treasurer, shall judge neces-
sary for whatever sums thej shall receive and pa}- ; and the treasurer
is herel)}' ordei'ed, in passing and receiving the said commissioner's
accounts, accordingly, to allow the payment of such salary or salaries,
as aforesaid, to himself and iiis deputies.

And be it further enacted,

[Sect. 27.] That all penalties, fines and forfeitures accruing or DUposiUonof
arising in consequence of any breach of this act, shall be one half to his forfeitorcB.
majesty for the use of this province, and the other half to him or them
that shall seize, inform and sue for the same, by action, bill, plaint
or information, in any of his majesty's courts of record, wherein no
essoign, protection or wager of law shall be allowed ; the whole charge
of the prosecution to be taken out of the half belonging to the informer.

And be it further enacted,

[Sect. 2H.] That from and after the commencement of this act, in charges of
all causes wherein any claimer shall appear, and shall not make good ^J^°y';o"be°Dald
the claim, the charges of prosecution shall be borne and })aid by the lu case,
said claimer, and not by the inforD»er. \_Passed and published January
31, 1761.

■iU

Peovince Laws. — 1760-61.

[Chap. 10.]

CHAPTER 19.

Preamble.
1749-60, chap.
26.

Penalty for
turning crea-
tiirca on the
beaches, &c.

Creatures to be
Impounded.

I'll Ik- Rold If
noi redeemed.

AN ACT TO PREVENT DAMAGE BEING DONE ON THE MEADOWS AND
BEACHES LYING IN AND ADJOINING ON THE NORTH SIDE OF THE
TO^VN OF HARWICH, BETWEEN SKEKET HARBOUR, ON THE EAST,
AND QUIVET HARBOUR, ON THE WEST.

Whereas many persons frequently drive numbers of neat cattle,
horses, sheep and swine to feed upon the beaches, meadows and shores
adjoining to the north side of Harwich, h'ing between Skeket harbour,
on the cast, and CJiiivet harbour, on the west, whercb}- the ground is
much broken and damnified and the sand l)lown on said adjoining
meadows and upland, to the great damage not oul}' of sundry private
persons in tlieir property, but also to the inhabitants of said town in
general, —

Be it enacted b>i the Governor, Coxincil and House of Reprefientatives,

[Sect. 1.] That from and after the pubhcation of this act, no per-
son or persons shall presume to turn any neat cattle, horse-kind, sheep
or swine, to or upon an}' of the beaches, meadows or shores that lie on
the north side of the town of Harwich, between Skeket harbour, on the
east, and Quivet harbour, on the west, at any time between the first
da}' of April and the last da}' of October yearly, during the continuance
of this act, on penally of paying for each offence five shillings a head
for neat cattle, horses or mares of one year old or upwards, and one
shilling a head for each sheep or swine, that shall be turned or found on
said beaclies, meadows or shores, within the limits aforesaid ; which
penalty shall be recovered by the selectmen or treasurer of the said
town of Harwich, or any other person that shall inform of and sue for
the same : the one half of said forfeiture to him or them that shall
inform of and sue for the same, the other half to be to and for the use
of the poor of said town.

And he it further enacted,

[Sect. 2.] That if any neat cattle, horse-kind, sheep or swine,
shall, at any time hereafter, be found feeding on tlie said beaches, mead-
ows or shores tliat lie between said Skeket harbour and said C^uivet
harliour, in said Harwich, it sliall and may be l:nvCiil[lj for any person
to imiiound the same, iinmedial[(']ly giving notice thereof to the owners,
if known, otherwise, to give publick notice thereof by posting the same
up in some pul)lick place in said town, and the two next adjoining
towns ; and tiie impounder shall relieve the said creatures with suita-
ble meat and water while impounded ; and if the owner thereof appear
to redeem his impounded preatures, he shall pay one shilling and six-
pence to the iiiipoundor, for eacli neat beast and horse-kind, and six-
pence for eacli sliecj) and swine, ami the reasonabU" cost[sJ of relieving,
iKJsides the poundkeeper's fees as by law appointed for sucli creatures.
And il" no owner ajypear within the space of six days to redeem the said
cattle, horse-kiud. sheep or swine so impounded, and to pay the cost
and damage occasioned by impounding the same, then and in every
such case the jierson impounding such cattle or liorse-kind. sheep or
swine, .shall cause the same to Ito sold at puMick veiulue, and pay the
cost and charges arising about the same (publick notice of tlie time
and place of sucli sale, to be given in the said town of Harwich ami in
the towns of Kastham an<l Yarmouth, forty-eight hours beforehand),
and tlie overplus, if any there be, arising by such sale, to be retnrne<l
to the owner of such cattle or horse-kind, sheep or swine, at any time
■within twelve months next after, ui)on his demanding the same ; but
if no owner api)ear within the said twelve months, then the said over-

[3d Sess.]

Province Laws. — 1760-61.

415

Persons to be
clioseii to net! to
the due ohscrv-

plus shall be one half lo the party imi)ouncling such cattle, horse-kind,
sheep or swine, and the other half to the use of the poor of the said
town of Harwich.

And be it further enacted,

[Sect. 3.] That the said town of Harwich, at a meeting of said
town called for that purpose, or at their mooting in March, annually, for
the choice of town-olllcers, be authorized and impowerod to chuse one nnceoftiiisact.
or more meet person or persons whose duty it shall be to see to the
due observance of this act, and to prosecute the breakei's thereof, and
who shall be sworn to the faithful[l] discharge of their oflice ; and in
case any person so chosen shall refuse to be sworn, he shall forfeit and
l)ay ton shillings for the use of the poor of said town of Harwich ; and
upon such refusal, said town, from time to time, to proceed to a new
choice of such officer or officers, until one or more person or persons
will serve therein.

Provided, —

[Sect. 4.] That nothing in this act shall be construed to prevent ProvUo.
the owner or owners of such beach or meadows, or any improving
under them, from turning on their horses they ride, or cattle they im-
prove in their teams, to feed on said beach or meadows while they are
cutting or carting their hay off said beach or meadows adjoining.

[Sect. 5.] This act to continue and be in force for the space of Limitation
ten years from tlie publication thereof, and no longer. [^Passed and
published Jan uary SI, 1761.

CHAPTER 20.

AN ACT FOR REPEALING THE SEVERAL LAWS NOW IN FORCE, WHICH
RELATE TO THE OBSERVATION OF THE LORD'S DAY, AND FOR
MAKING MORE EFFECTUAL PROVISION FOR THE DUE OBSERVATION
THEREOF.

Whereas, by reason of different constructions of the several laws
now in force relating to the observation of the Lord's Day, or Christian
sabbath, the said laws have not been dulj' executed, and, notwith-
standing the pious intention of the legislators, the Lord's Day halh
been greatly and frequently prophaned ; therefore, —

Be it enacted by the Govenwlujr, Council and House of Representa-
tives,

[Sect. 1.] That the several laws, and the several paragraphs and
clauses of all and ever}' the laws of this province, enforcing, or any
ways relating to, the due observation of the Lord's Day, so far as thoy
relate thereto, be and hereb}' are repealed, and declared null and void.

And ivhereas it is the duty of all persons, upon the Lord's Day, care-
fully to applj' themselves, publickly and privatoh', to religion and pict}',
the prophanation of the Lord's Day is highl}- offensive to Almighty
God, of evil example, and tends to the grief and disturbance of all
pious and religiously disposed persons ; therefor<j, that the prophana-
tion of the said day may be full}^ prevented, —

Be it further enacted,

[Sect. 2.] That no person whatsoever shall keep open their shops,
warehouses or workhouses, nor shall, upon the land or water, do, or ex-
ercise, any labour, business, or work, of their ordinary calling, nor any
sport, game, play or recreation, on the Lord's Day, or any part thereof
(works of necessity and charity only excepted) , upon pain that every

Preamble.
16n2-93, ch. 22.
1093, ch 9.
1693-94, cb. 20,
§5.

1098, ch. 10, § 4.
1711-12, ch.G.
171G-17, ch. 13.
1727-28, ch. .').
1741-42, ch. 7.

Acts antl cliuisos
of acts ri'liilhie
to the sahbalh,
repealed.

Business and
diversions ))r<>.
hibiled on the
Lord's Day.
9 Allen, llu

416

PROVINCE Laws.— 17(50-61. [Chap. 20.]

Travelling
proliibiXfd.
14 Allen, 480,
4S1,484.

Entertainment
in public houseB
prohibited.

Unnecessary
walking:, &c.,
prohibited.

Absence from
public worship.

Funerals
regulated.

I'rcaniblo.

person so offending shall forfeit and pay a sum not exceeding twent}'
shillings, nor less than ten shillings.

And be it further eriacted,

[Sect. 3.] That no ti-avel[Z]er, drover, horse-coarser, waggoner,
butcher, higler, or an\' of their servants, shall travel on the Lord's Da}-,
or an}' part thereof — except, by some adversity, ihcy shall have been
belated, and forced to lodge in the woods, wilderness, or highways, the
night before (and in such case it shall be lawful to travel no further, on
the Loixl's Day, than to the next inn or house for entertainment of
travellers), upon the penalt}- of a sum not exceeding twent}' shillings,
nor less than ten shillings.

And be it further enacted,

[Sect. 4.] That no vintner, retailer of strong liquors, innholder,
or other person keeping a house of publick entertainment, shall enter-
tain or suffer an}' of the inhabitants of the respective towns where
they dwell, or others not being travellers, strangers, or lodgers in such
houses, to abide or remain in their houses, yards, orchaixls, or fields,
drinking, or spending their time either idly, at play, or doing any secu-
lar business, on the Lord's Day, or any part thereof, on penalty of ten
shillings, payable by such vintner, innholder, or person keeping such
house of entertainment, for each person so entertained or suffered ; and
every pei'son so drinking or abiding, except as afo:-esaid, shall forfeit
a sum not exceeding ten shillings, nor less than five shillings ; and
every such licenced person, upon every conviction after the first, shall
forfeit twenty shillings, and, having been thi-ee times convicted, shall be
debarred renewing such liis licence ever after.

And be it further enacted,

[Sect. .5.] That if any person or persons shall be recreating, dis-
porting, or unnecessarily walking, or loitciing, or if any persons shall
unnecessarily assemble themselves, in any of the streets, lanes, wharves,
highways, commons, fields, pastures, or orchards, of any town or place
within this province, upon the Lord's Day, or any part tlioi-cof. every
person so offending shall forfeit and pay the sura of five shillings, and,
upon eveiy conviction after the first, shall be bound to their good
behaviour.

And be it further enacted,

[Sect. 6.] That if any jierson, being able of body, and not other-
wise necessarily pi'cvented, sliall, for the space of one month together,
absent themselves fi-om the publidc woi'ship of God, on the Lord's
Day, they shall forfeit and pay the sum of ten shillings.

Provided^ alioays, —

[Sect. 7.] That if, upon trial, it shall appear that any person so
chai-ged had good and sufficient excuse for their absence, such person
shall be dismissed without costs.

And be it further enacted,

[Sect. 8.] That no sexton, gi-ave-digger, porter, or bearer, shall
be assisting at the funeral of any juMson on the Loi'd's Day, or any
part theieof, and no person shall toll any bell for such funeral, un-
less lieence be given by a justice of peace (and when in any town or
district where no justice of the peace dwells, such lieence be granted
by one or more of the selectmen of the town or district), on penalty of
twenty shillings, to be paid 1)}' each and every person .so otl'endiiig ; and
no justice or selectmen shall grant any lieence, except in cases of
necessity, only, and, l)eing in the town of Boston, with this express
proviso: that such per-son so buried be not carrieil to the grave until
one iiour after sunset.

And irhrrcds many |H'rsoiis are of th(> opinion that the sabbath, or
time of religious rest, liegins on Sal unlay evening ; therefore, to pivveiit

[3d Sess.]

Province Laws. — ITGO-Cl.

417

all unnecessary disturbance of persons of such opinion, as well as to
encourage in all others a due and seasonable preparation for the reli-
gious duties of the Lord's Day, —

Be it further enacted,

[8kct. 9.] That no person shall keep open an}' shop, warehouse,
or workhouse, or hawk, or sell, any provisions, or wares, in the streets
or lanes of any town or district, or be present at an}- concert of nuisick,
dancing, or other publick diversion, on the evening next prececding the
Lord's Day, on ))ain of forfeiting ten shiUings for each offence ; and
no retailer, iiniholder, or person licenced to keep a publick house, shall
entertain, or sutler to remain, or be, in their houses, or yards, or other
places a[)purtenant, any person or i)crsons (travellers, strangers or
lodgers excepted), drinking, or spending their time, on the said even-
ing, on penalty of ten shillings for each offence.

And, in order to the more effectual carrying this act into execution, —

Be it further enacted,

[Sect. 10.] That each town aiid district within this province shall,
at the time of chusing town and district officers, annually, and every
year, chuse certain persons, being of good substance and of sober life
and conversation, to be wardens of such town or district ; of which
officers the town of Boston shall chuse twelve ; viz"^'^., one for each ward
in said town : and every other town or district shall chuse any number,
not less than two and not exceeding six ; and all such wardens shall
be under oath faithfully to do the duty of their office as required by
law ; and if any person or persons shall refuse or neglect to take such
oath, and to serve in such office, every such person, in the town of
Boston, shall be liable to the penalty of ten pounds, and, in any other
town or district, to the penalty of five pounds ; and every town or
district shall, forthwith, proceed to the choice of other or others in the
room of any person or persons so refusing or neglecting, and so, toties
q nodes.

[Sect. 1L] And if any person or persons so refusing or neglect-
ing shall not pay to the treasurer of such town or district the fine or
penalty aforesaid, he shall, as soon as may be, be convened before the
coiu-t of sessions for the county, and, upon certificate, under the hand
of the town clerk, that such person was legally chosen to the office of
warden, unless some just cause shall be made to appear to the said
court of sessions to excuse the person so chose from serving, the
justices shall order a warrant, to be signed liy the clerk of the peace,,
directc<l to any constable or constables of such town or district, to levy
the said fine, by distress and sale of such offender's goods, returning
the overplus, if any there be ; and the fine or penalty so levied or
l)ai(l shall be delivered to the overseers of the poor, or selectmen, for
the use of the poor of such town.

[Sfxt. 12.] And if the town of Boston shall neglect the due
observance of this act, and shall not chuse, in manner as required, such
officers, the said town shall incur the penalty of one hundred pounds ;
and any other town or district, so neglecting, shall incur the penalty
of (ifiy pounds, upon every conviction of such neglect, before tlie court
of sessions for the county wherein such town or district shall be ; to be
k'\ied by warrant from the said couit, in proportion, upon the inhab-
itants, as publick charges are levied, and to be paid into the county
treasury.

And be it further enacted,

[Sect. 13.] That the persons so chosen, and serving, as waitiens,
shall be held and obliged to enquire into, ol)serve, and inform of, all
offences against this act : and every such warden is hereby authorized
and impowered to enter into any of the rooms and other parts of any

Business niui
(livcrHion on
S:itiiid:iy
evening.

Wanlons to be
appointed.

Penalty for not
serving.

Penalty on
towns for not
cbooeing.

Wardens' duty.

41S

Province Laws.— 1760-61. [Chap. 20.]

Duty of wardens
in nowton.

Wiirclcn'ii oath

fiiQlclenl

cvidviice.

I'rlvllpBo of
wurdvnii.

inn, or publick house of entertainment, on tlie Lord's Da}- and the
evening preceeding ; and if sucli entrance shall be refused to any
warden, the landlord, or [^the'] licenced person, shall forfeit the sum of
forty shillings for each and every offence. And the said wardens are
liereb}- further authorized and im[)o\vered, within their respective towns
or districts, to examine all persons suspected as unnecessarily travelling
on the Lord's Da}', and to demand of all such persons the cause
thereof, together with their names and i)laces of abode ; and if such
persons shall refuse to make answer to such demands, or shall not
give satisfaction, to such warden or wardens, that the}- are then em-
ployed in travelling upon his majesty's service, or in the immediate
service of this government, or shall not give such other reason for their
travelling upon the Lord's Day as shall satisfy such wardens of the
necessity thereof, such wardens shall return the names of all such per-
sons as they shall know, or can obtain the names of, to one of his maj-
esty's justices of the peace, and such justice shall proceed to tr[y][/jal
of the offence, if the offender shall be within the county ; or, otherwise,
such warden sliall return the names of such persons, and the offence, to
the grand jury, for their consideration and proceeding thereon. And
if any person shall wilfully give false answer to any such demands of
any warden, every person so offending shall forfeit five pounds, lor
each and every offence ; and any two justices of the peace, quorum,
nnuff, for any county where such person shall be found, shall have full
power and authority to enquire into, try and determine such offence.

And be it further CHOcted,

[Sect. 14.] That the wardens of the town of Boston shall, u|)ou
every Lord's Day (except in times of rain, snow, ttMni)estuous wind
or extreme cold), and in such part and parts of the day as they shall
judge most proper to prevent the pi'ophanation thereof, go through, or
inspect, the streets, lanes, wharves, and other ])arrs, of their respective
wards ; and any one of said wardens may likewise, as occasion may
require, inspect the ward of any other warden ; and they are hereby
authorized and impowered to demand the names and places of abode
of any persons whom they shall suppose or sus|)ect to be unnecessarily
al)road, and the cause or reason thereof; and if such person or persons
shall not give a satisfactory answer, sucii warden or wardens shall
require them, or cither of them, forthwith, to repair to their i)laces of
abode or lodging ; and if any peisou shall refuse to give such answer,
or shall answer falsely, or shall refuse or neglect, Ibrthwith, to repair,
when required, to such their places of abode or lodging, and that by
tiie usual [or] [a;?r/] most direct streets or ways, the warden shall,
upon the next day, or as soon after as may be, make information of
sucli offenders to one of his majesty's justices of the peace for the
county ; and such justice shall cause sucii persons to be convened lieCore
him, and shall try and determine such offence.

And ho it furl Iter enacted,

[Si;cr. 1 ").] That the oath ol" any ward(>n shall be deemed full and
suliicient evidence, in any trial for any olfenee against this act, unless,
in the judgment of the court or justice, the same shall be invahdali'd
by other evidence that may be produced.

And he it furthi'r ennclcd,

[Sr.cT. ](!.] That no person exempt from serving as a grand-jiuy-
mau shall be lialile to any penalty for not serving as warden, any thing
in this act to the contrary notwithstanding; and no person shall lie
held and oltligecl to serve in the said ollicc of wanlen more than once
in live years ; and no warden, during the year of service, shall be liable
to :inv nnlilary duties, except \i\ ease of an alarm or invasion, nor sli;dl
be liable to serve. <luring snch time, as juror, oi' in any otiier olliee of

[3d Sess.]

Province Law.s. — ITOO-Gl.

419

burthen. Ami every warden, when in the execution of liis office, shall
carrj' with him a wliitc wand, not less than seven feet in length, as a
badge of his office, and nia}- coniniaud assistance, when he shall judge
it necessary ; and any i)erson refusing or neglecting to be so aiding
and assisting shall forfeit and pay the sum of forty shillings.

And be it further enacted,

[Sect. 17.] That the parents of any children, under age, and the
guardians of any minors, and the masters of servants who shall have
no parents nor guardians, shall be, respectively, liable for tlu; lines of
their children, wards, or servants, who shall be convicted of any olTence
against this act.

And be it farther enacted,

[Sect. 18.] That in case any person that shall be convicted of pro-
phaning the Lord's Day, or Christian sabbath, in any of the instances
mentioned in this act, shall not immediately pa}- the sum or sums liy
him forfeited, as aforesaid, he shall be punished by being committed to
the common goal of the county, there to remain not exceeding ten
days, nor less than five days.

And be it further enacted,

[Sect. 19.] That, notwithstanding the special provision made by
this act for preventing the breaches thereof, any justice of peace may,
upon inspection, convict any person ; and such special provision shall
not be construed or understood to exempt any sheriffs, grand-jurors,
tithingmen, constables, or other officers, or persons, whatsoever, from
any obligation or duty to cause this act to be put in execution ; but
they shall be held to take due notice of, and prosecute, all breaches
thereof, such special provision notwithstanding.

[Sect. 20.] And this act shall be read in every town and distiiet,
by the town or district clerk, at the March meeting, every year, and
immediatel}' before the choice of wardens ; and any town or district
clerk neglecting to read the same shall forfeit the sum of twenty shil-
lings. \_Passed and published January '51, 1761.*

Parents nnd
Kuarilinns liable
lor line.

Persons not
paying tines
Bubjrct ti)
imprisonnu'nt.

Oilier civil
oliieers to talie
notice ol
breaclies of
tliis act.

Act to be read
at March meet-
ing, annually.

CHAPTER 21.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS THAT ARE
EXPIRED AND NEAR EXPIRING.

Whereas the several acts hereinafter mentioned, which arc now
expired or near expiring, have been found useful and beneficial ;
namely, one act made in the fourteenth year of the reign of King
(ieorgo the Second, iutit[?<]led "An Act in further addition to an act
for regulating of fences, &c." ; one act made in the fifteenth 3-ear of
said reign, intit[?^]led '"An Act to prevent unnecessar}' petitions to
the great and general court" ; one act made in the sixteenth year of
said reign, intit[«]led " An Act in addition to the several laws of this
province relating to the support of poor and indigent persons " ; two
acts made in the twentieth year of said reign ; one intit[((]led '' An Act
to prevent the destruction of the meadow called Sandy-Neck Meadow,
in Barnstable, and for the better preservation of the harbour there " ;
the other, intit[«]led "An Act to prevent the destruction of wild
fowl"; two acts made in the twenty-second 3ear of said reign; one
intit[«]led " An Act to prevent damage by fire in the towns of Boston

* Tho (late of publication as endorsed on the engrossment, is January 13; but
this was evidently a mistake.

Sundry laws
revived and
continued.

Fences.
1740-41, cb. 19.

Petitions.
1741-42, ch. 1.

Poor.
1742-43, cli. 18.

ifeadow.
1740-47, ch. 28.

Wild fowl.
1747-4S, cb. 3.

174»-i9, cb. U.

420

Peovince Laws.— 1760-61.

[Chap. 22.]

Beach and
irnadow.
1748-49, ch. 18.

Incendiary

IclttTrt.

1749-50, ch. 7.

iMowives.
1749-00, ch. 12.
1749-50, ch. 13.

Potash.
1754-55, ch. 26.

•1757-58, ch. 10.

Cattle, sheep,
&c., not to run
at large.
1757-58, ch. 11.

Quakers, &c.
1757-68, ch. 20.

Their continua-
tion for ten years
from th(! 30lh of
.lanuary, 1761,
to yOth of
January, 1771.

and Charlestown " ; the other, intit[«]led " An Act to prevent damage
being done on the beach in Biddcfoid, and meadows adjoining to said
beach, commonly known b}' the name of Winter-Harbonr Beach";
three acts made in the twent3--thiid year of .said reign ; one inti-
t[«]led " An Act for the punishing such offenders as shall be anj- wa}'
concerned in contriving, writing or sending any incendiary or mena-
cing letters in order to extort suras of moiic}' or other things of value
from any of his majest3''s good subjects " ; one other, intit[u31ed " An
Act to prevent the unnecessaiy destruction of alcwives in the town of
Middleborough " ; the other, intit[i<jled " An Act to prevent any per-
sons obstructing the fish in their passing up into Monatiquot River
within the town of Braintree " ; one act made in the twenty-eighth
year of said reign, intit[M]led "" An Act for appointing assayers of
potash and peaiiash " ; three acts made in the tlurt3-first year of said
reign ; one intit[?t]led " An Act in addition to an act intit[?<]led ' An
Act in addition to the act for providing of pounds, &c.' " ; one other.
intit[«]led " An Act to prevent neat cattle, horses and sheep running
at large and feeding on the beaches between Wells and Ogunquit har-
bours in the town of Wells, and to prevent the mowing of the same " ;
and the other, intit[«]led "An Act further to exempt persons com-
monl}' called Quakers and An[?i]abaptists from paying ministerial
taxes " : all which acts are expired or near expiring, —

Be it therefore enacted by the Governor^ Council and House of Rep'
resentatives,

That such of the before-mentioned acts as are expired, with all and
ever}' article, clause, matter and thing therein respectively contained,
be and hereby are revived, and shall be in force from the thirtieth ila\
of Januaiy current, and until the thirtieth day of January, one thou-
sand seven hundred and seventy-one, and the others of said acts thai
are near expiring are hereby continued, and shall be in force until tlie
thirtieth day of Januaiy, one thousand seven hundred and sevent^'-one,
and no longer. [_Passed and puhlinhed January 31, 17G1.

CHAPTER 22.

AN ACT FOR RAISING A FURTHER SUM OF MONEY, BY A LOTTERY
OR LOTTERIES, TO COMPLEAT THE REPAIRING THE CAUSEWAY ON
'JIIE WESTERLY SIDE OF SUDBURY RIVER, AND FOR BUILDING A
15U1DGE OVER S.UD RIVER.

I*rcarablc.
1759-00, ch. 10.

WiiEUKAS the great and general court, at tlieir sessions in October,
one tliousand seven hundred and nfty-nine, impowered IMe.ssieurs John
Noyes, Josiah Brown, Joseph Curtis, WiUiMin Baldwin, Augustus
Moore, Reynolds Seager and ("apt[ain] Elijah Smith, of Sudbury
aforesaid, to raise, by a lottery or lotteries, the sum of (Mght Iniiulred
and tweiity-Heven pounds, to be apidied towards raising said causeway,
digging a new canal to King's Pond, across said cause[.><r]y, with three
other sluices, and also for raising two other short causeways, on Lan-
caster road, leading to and near the said long causewa^y ; and whereas
the greatei part of said sum has been accordingly raised, and the same
expended for tlie piiiposes for whic-h it was raised, so far as it would
extend, but. it being insudieieiit to coinpleat and (inish the same ; where-
fore, for I'aising a sum sudlcient for linishing the said causeway, digging
a new canal to King's Tond, across said causeway, with three other
sluices, aiul also for r.'iisiiig two other short causew;iys, on L;ineaster
road, leading to and near the long causeway, —

[3d Skss.]

Peovince Laws.— 1760-61.

421

Be it enacted hy the Govenw[\i\r, Council and House of Representa-
tives,

[Skct. 1.] That the said John Noyes, Josiab Brown, Josci)h Ciiitis, Managers
William Baldwin, Augustus I\Ioorc, Kcynolds Scager and Cai)tain Kli- "PP"""*^.
jail Smith, or any four of them, bo and they are hereby allowed to set
up and carry on one or more lottery or lotteries, amounting, in the £4ootobo
whole, to sueh a sum as, by deducting ten per cent out of the same, or tobe'appUed!'^
out of each pri[z] [o]e- or benefit-ticket, ma}' raise the sum of four hun-
dred pounds, and no more, to be applied towards finishing and com-
l)leating the raising of said causcwa\-, digging a new canal to King's
Tond, across saiil causey, with three other sluices, and also for raising
two other short causeways, on Lancaster road, leading to or near the
said long causeway, and the necessary charges of managing and i)rose-
cuting the lotteries aforesaid ; and the said John Noyes, Josiah Brown,
Josei)h Curtis. William Baldwin, Augustus Moore, lieynold[.s] Seager
and Captain Elijah Smith, or an}' four of them, are hereby ini[jow[e]red
to make all necessary rules and orders for the legular proceedings there-
in ; and they shall be sworn to the faithful discharge of the trust afore-
said, and shall be answerable to the purchasers and drawers of the
tickets for any deficienc}' or misconduct : and the money thus raised
shall be applied to the uses and purposes aforesaid.

And he it further enacted,

[Sect. 2.] That the directors or managers aforesaid shall keep a
particular account of the days of their attendance upon the service
aforesaid, and, for each day's attendance, shall be allowed the sum of
four shillings : j^i'ovided that no more than four of the managers afore-
said shall be Intitled to such allowance for one and the same day.
[^Passed and published January 31, 176L

Manaijers'
allowance.

ProvlBo.

CHAPTER 23.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF THIRTY
THOUSAND POUNDS.

Whereas the pro\'ision made by this court, at their session in JMay Preamble,
last, to defrc}' the expence of an expedition for the total reduction of
Canada, is insufficient for that purpose ; and ichereas this i)rovince's
I)ropoi-tion of the parliamentary grant to recompcnce them for their
services in the 3'ear 1758, is laden on board his majesty's ship Fowey,
which is daily expected, —

Be it enacted by the Governor, Council and House of Representatives,
That the sum of thirty thousand joounds, part of said monies, be ap- Disposition of
l)licd by the treasurer and receiver-general, and he is accordingly here- paHiamcntary
by impowered and directed to apply said sura of thirty thousand pounds, grant for nss.
when received into the treasury, for the payment of such dra[f][«f//i]ts
as shall be made on him In' the governor, with [the'] advice of the
council, for the payment of the troops of this province, employed in the
late expedition, under the command of General Amherst. [Passed
and published January 31, 1761.

422

Froyluce Laws. — 17G0-G1. [Chai'. 24.]

CHAPTER 24.

AN ACT FOR ENQUIRING INTO THE RATEABLE ESTATES OF THIS

PROVINCE.

Preamble.
1706-57, chap.
40.

Asscsgors for
1760 to lodge in
tlic secretary's
ollico :i list of
polls nnil rata-
ble estates by
first of June,
1701.

Whereas the rateable estates of the several towns and districts in
this province are mnch altered since the last valuation, —

Be it enacted b>/ the Governor, Council and House of liejrresenf (dives,
[Sect. 1.] That the assessors of each town and district within this
province, chosen for the year one thousand seven hundred and sixty,
shall, on oath, take and lodge in the secretary's office, by the first day
of June next, a true and perfect list, according to their best skill and
understanding, agre[e]able to a list settled by the general court and
recorded in the secretary's office (a printed copy of which list shall be,
by the treasurer of the province, sent to the clerk of each town and
d[e][i]strict therein), containing an account of all male pol[/][e]s of
sixteen years old and upwards, whether at home or abroad, disliugiilsh-
ing such as are exempt from rates ; and of all rateable estate, botli real
and personal, lying within or adjacent to their respective towns and
districts, and bv wliom occup[yi[/]ed, and what each person's real
estate may rent for by the year, taking one year with another ; particu-
larly mentioning dwelling-houses and land, stil[/]-houses, warehouses,
wharves, grist-mills, fulling-mills, saw-mills, iron-works and furnaces ;
and what each of said estates may rent for by the year, in the judg-
ment of said assessors, without consideration of repairs ; and of all In-
dian, negro or molatto servants for life, from fourteen to lbrt3'-five years
of age ; and the number of tons of vessel [l]s of every kind, upwards
of ten tons' burthen (to be given in, in carpenters tonnage), whether
at home or abroad ; and each person's whole stock in trade, including
all goods, wares and merchandize, by them, of their own property, also
including those in their hands by factorage ; and money at interest which
any i)erson has more than he pays interest for ; and also of all horses,
oxen, cows, goats, sheep and swine, at the respective ages set in said
list; and said assessors, in taking said valuation, shall distinguish the
different improvements of land, and return their list in the Ibllowing
manner : llu- immbt'r of acTCS of pasture, the nuinl)er of acres of tillago-
lanil, the number of acres of orchard, the number of acres of salt
nKu[i]sli, and the number of acres of fresh, and Knglish mowing-land ;
and also what stock each [)asture is ordinarily capable of feeding, and
what (jiiantity of produce the said tillage, mowing, and orchard, land
yearly alford's, taking one year with another: exceptiiir/ that the gov-
ernor, lieut[''//'n(<]-governor, president, fellows, professors, tutors and
students of Harvard College, settled ministers, and granini[e] [((]r-
scliool masters, with their families, lor tlieir i)olls, and for their estates
in their own actual iniproveinent, shall be exem[)tetl out of this act ;
and said assessors, before they enter on this work, shall take the follow-
inj; oath; viz''^, —

You, A. B., being chosen an assessor for the town of B., for the year one
Ihonsand seven luuidrcd and sixty, do swear that you will laithfully and im-
partially, according to your best, skill ami jud.!,'ntont, do .and perform the whole
duty of an assessor, as directed and enjoined by an act of this province made
in t lie i)resent year, intit[u]lcd "An Act for enquiring into the rateable estates
of the province," without f'avo[»*]r or prejudice. So help you (Jod.

Hv whom In bo — wliicli oalli, iu sucli towns or districts where no justice of the i)eaee
iiJmini.ierca. ^\^y^,\\s^ shall be administred by the town or district clerk, who is here-
by inipow[e]red and directed to administer the same, on penalty often

ARHeRHor'8 onth.

[3d Sess.]

Province Laws.— 17G0-G1.

423

Persons to give
in liBtB to tlic
assessors on

l)Oiiiuls ; and eveiy assessor who shall have been chosen l»y any town
or district, in the year one thousand seven hundred and sixty, and
acce[)ted such choice, that shall refuse to take such oath, shall Ibrfeit Penalty for
and [)ay the sum of forty i)ounds ; or, taking the same, shall neglect or "^siect-
refuse to do the duty required bj- this act, or shall anjways act deceit-
fully Iheroin, shall, for each of these otfences, forfeit and pa}' a fine of
fifty pounds.

[Sect. 2.] And ever}- person not necessaril}- out of the province ;
viz''^., on and from the twentieth da}' of April next, to the first day of
.June next (in which cases they shall be doomed by the assessors as is oath,
hereafter expressed), refu^iing or neglecting to give such assessor or
assessors, in writing, and on oath (which the assessors respectively are
inipow[c]red and required to administer), a true account of his rate-
able estate, improvements and rents, agre[e]able to the true intent of
this act, shall be doomed by the assessors according to their best skill
and judgment ; and shall, lor each offence, forfeit and pay the sum of
fifty pounds : which oath shall be in the following form ; viz^'^ , —

You, C. D., do swear that the account now exhibited by you is, to the best Form of the
of yom* knowledge and judgment, a full account of all your rateables, agTo[e]a- """'•
ble to the list now exhibited to you. So help you God.

— and every assessor shall be allowed, out of the treasury of his re-
spective town or district, the sum of four shillings for every day he
shall 1)0 necessarily employed in doing the duty enjo[y][i]ned by this
act.

And be it further enacted^

[Sect. 3.] That the assessors of each town and district in this
province, for the year one thousand seven hundred and sixty, shall, b}-
the abovesaid first day of June next, transmit to the secretary's office
a true and perfect cop}', on oath, of the list and valuation of estates
by which they made the taxes in their particular towns and districts
lor that year, and also a true copy of the province tax made by such
list and valuation ; on penalty that each assessor neglecting his duty
therein shall forfeit and pay twenty pounds.

And he it further enacted^

[Sect. 4.] That if, in any of the towns and districts aforesaid, it so
happens that any of the assessors, for the year one thousand seven
hundred and sixty, be dead or removed, in that case the remaining
part of said assessors shall, and are hereby impow[e]red to, act in all
cases touching the valuation aforesaid, as fully as if there had been no
such death or removal.

[Sect. 5.] And all fines and forfeitures arising by this act may be
recovered by action or information, in any of his majesty's courts within
this province proper to try the same ; and shall be applied, one third,
to him or them that shall inform or sue for the same, and the other
two thirds, to his majesty to and for the use of this government.

And ivhereas it may happen that some rateable estate, by shifting
hands, may be liable to be given in twice to the assessors, or not given
in at all, —

Be it further enacted,

[Sect. G.] That every person in each town and district within this
province, in giving in to the assessors a list of his rateables, shall esti-
mate such rateable estate, agre[e]able to this act, as he is possessed
of on the twentieth day of April next. \_Passed and published Jan-
uary 31, 1761.

Allowance to
tlie iif^sessurs.

Assessors to
transmit lists by
which they
made their rates
in 1760.

In cases where
any of the
assessors for
17UU are dead
or removed, the
remainder to
act.

Fines, how to
he recovered
and apjilied.

Ratable estate
to be estimated
as on the 20111 of
April, 17U1.

424

^x:ovl^■(JE Laws. — 17GU-G1.

[CiiAr. 25.]

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-fifth day of March, A. D. 1761.

CHAPTER 2 5.

AN ACT IN ADDITION TO AN ACT MADE AND PASSED IN THE THIRTY-
THIRD YEAR OF HIS LATE MAJESTY KING GEORGE THE SECOND,
INTIT[C/]LED "AN ACT FOR ERECTING AND ESTABLISHING TWO NEW
COUNTIES IN THE EASTERLY PART OF THE COUNTY OF YORK."

Preamble.
1760-61, chap. 7,
«7.

Superior court
III Kiilinoiith to
hiivc jiirJHilic
tloti in ccrUiin

CaHCK.

Jarorii to be

BiimmoiK'd.

I'reuinble.

Bvlcctmcn to

WiiEUEAS, in and by an act made and passed in the thirty-third year
of the reign of his late majesty King George tlie Second. intit[;<]led
'• An Act for erecting and estahlisliing two new counties in the east-
erly part of the county of York," it is, among other things, enacted
and provided as follows; viz'^'^., that "all appeals from any judgment
or judgments given at any court of general sessions, and at an}' infe-
rior court of common pleas, within the said county of Lincoln, shall be
heard and tried at the superior court of judicature to be held, yearly,
at Falmouth, as aforesaid ; " cmd v)hereas the said provision is insufll-
cient to give jurisdiction to the said superior court, held at Falmouth,
in other inatter[.s] and things necessary to be tried and determined b}'
said court, —

Be it therefore enacted by the Governor^ Council and House of RejJ-
resentatives,

[Skct. 1.] That the superior court of judicature, court of assize,
and general goal delivery, to be held at Falmouth in and fen- the count}'
of Cumberland, shall have, from time to time, and at all times here-
after, the same jurisdiction, power and authority for the trial of all
actions, civil or criminal, the cause whereof has arisen, or shall arise,
within the body of the county of Lincoln, as also to hear and deter-
mine all other matters and things arisen, or which shall arise, within the
body of the said county of Lincoln, as the said superior court, by law,
would have if the cause of such actions, and such matters and things,
had arisen within the body of the said county of Cumberland.

And be it further enacted,,

[Skct. 2.] That the grand jurors and petit jurors serving at the
superior court of judicature, court of assize, and general goal delivery,
t<» l)e holden at Falmouth, shall, from time to time, be chosen and
sunnnoned, in sueli manner as the law directs for the choice and smn-
mons of grand and petit jurors, out of the several towns within the
said counties of Cuml)erland and Lincoln.

^Ind irhereas the selectmen of several towns within the said counties
of Cumberland and Lincoln may have neglected, or omitted. prt>pariiig
a list of persons li;il)li> to serve on the petit jury, before the tenlii day
t>f April, 17(!(>, in manner as the law tllrects, —

lie it thenforc further enacted,

[Sect. 3.] That the selectmen of every town and district, withiu

[4th Sess.]

Province Laws. — 1760-61.

425

the said counties of Cumberland and Lincoln, so neglecting or omit- take lists,
ting, shall, some time in the month of April this present 3"car, take :i
list of such persons as arc qualified and liable, by law, within such
towns and districts, respcctirely, to serve on petit juries, to be laid
before sucli respective towns and districts sometime l)efore the first
Tucsda}- of May next following, at a publick town-meeting; and sucli
towns and districts shall proceed to determine upon said lists in like
manner as such towns or districts might and would have done, by law,
if such list[s] had been prepared and presented before the said tenth
da}- of April, 1760 ; any law, usage or custom to the contrary notwith-
standing.

And be it further enacted,

[Sect. 4.] That the justices of the courts of general sessions of juBtices, &c., lo
the ijeace for the aforesaid counties of Cumberland and Lincoln, shall grant licenses,
be and the\' hereb}- are impowered to grant licences to, and to take
recognizances from, innholders and retailers of strong drink, within the
respective counties, at the next courts of general sessions to be holdeu
for such count [3'][/e]s, respectively ; suc[c]h liccn[s][c]cs to continue
until the first courts of general sessions which shall be held and kei)t
in course, for such count[3-][;"e]s, respectively, next after the twenty-
ninth da}' of June, which shall be in the ^-ear 1762 ; an}' law, usage or
custom to the contrary notwithstanding, [^Passed April 14 ; published
April 21, 1761.

CHAPTEE 26.

AN ACT FOR RAISING A SUM OF MONEY BY LOTTERY, FOR REPAIRING
FAN[EU][r/£]IL HALL IN BOSTON.

"Whereas the town of Boston, b}- a petition presented by their Preamble,
selectmen, have represented to this court that, in the providence of God,
Faneuil Hall having been consumed b}' fire, the inhabitants of said
town labour under great incon'N'enienc}' in want of a suitable place for
transacting the publick business of said town, and find it necessar}' to
rebuild and repair the said hall not only to accommodate themselves,
as soon as ma_v be, but also that the}- may not lose the benefit of the
walls yet standing ; and do, by said selectmen, humbly move that this
court would ena'iile some suitable persons to raise a sufficient sum by
way of lottery, for that puipose, —

Be it enacted by the Governo[\\]r, Council and House of Represen-
tatives,

[Sect. 1.] That Samuel Sewall, Samuel Phillips Savage and Ezekicl Managers
Lewis, or anv two of them, be and hercbv are allowed and impowered "PP""!''""} *!°'
to set up and carry on a lottery or lotteries, amounting to such a sum. lottery.
as, by drawing ten per cent out of each prize, or out of the whole, may
raise a sum of two thousand pounds, and no more ; and that the said
sum be applied by them, or the major i)art of them, to the rebuilding
the said Faneuil Hall and the market under the same : saving so much
of said sum as shall be suflBcient to defrey the necessary charges of the
lottery or lotteries aforesaid.

[Sect. 2.] And the said Samuel Sewall, Samuel Phillips Savage
and Ezekicl Lewis, or any two of I hem, are hercl)y appointed managers
and directors of the said lottery or lotteries, and sliall be sworn to the
faitliful discharge of their trust ; and they are hereby impowered to
make all necessary rules, and use all necessary methods, to manage

426

Pbovince Laws.— 1760-61.

[Chap. 26.]

ProviBO.

Town empow-
<rtd to take
tickuU.

Allowance to
the manugcrH.

Henclit-tickc'ts
not claimed in
a year, to l)e
added to llie
block.

Penalty for
forging tickets.

HiirpluHage,
liow to bu
ujiiilied.

and direct the same, until the whole .shall be eompleated and finished ;
and the managers, or any two of them, shall cause publiok notifica-
tions to be given of the time and place of drawing each lotter}- or
lotteries, that all adventurers may be present thereat : irrovkled. never-
theless^ no lottery shall be set up in consequence of this act 'till after
eighteen months are expired from the first day of May next.

And he it farther enacted,

[Sect. 3.] That, if the whole number of tickets in way lottery shall
not be sold in six months after the publication of the scheme, it shall
be lawful for the town of Boston, by vote, to take the tickets remain-
ing unsold, to their own account : 2^''ooided they raise, b}- tax, a sum of
mone}- sufficient to pay for the said tickets remaining unsold, as afore-
said, in two months from such vote ; and if the said town shall vote
not to purchase the said remaining tickets, or the said sum is not
raised, and the tickets cannot otherwise be sold, the said managers
shall return to the adventurers the money paid for the tickets, and the
charges arisen shall be borne b}' the said town of Boston.

And he it further enacted,

[Sect. 4.] That the managers aforesaid shall be allowed the sum
of six shillings per day, and no more, for each da^y the}' are employed
in the service aforesaid; and thej' are hereby directed to present the
account of such their charges before the said town, at some pultlick
meeting, and the same, being by them allowed, to be paid out of the
monej- to be raised by this act.

[Sect. .5.] And the said managers are hereby ai)point('d judges in
an}' dispute touching the propert}- of an}- benefit-tickets ; and the said
managers shall give publick notice, as soon as ma}' be, of the prizes,
and shall pa}' off such prizes in twenty days after such notice.

Provided, nevertheless, —

[Sect. G.] No benefit-tickets not claimed in twelve months after the
drawing of any lottery, and publick notice of the prizes drawn i)eing
given, shall be thereafter paid, unless the owner of such ticket was
beyond sea at the time of such notice, and had no lawful attorney in
this province : such owners shall be allowed eigliteen months after
drawing, to claim in; and all the prizes finally not claimed as afore-
.said, shall sink into the said stock, and be ai)plied to the same ptu'-
poses as the surplusage is, hereinafter a[)propriated.

[Sect. 7.] And if any person shall ibrge or alter any of the tickets
in an}' lottery to be raised and formed by virtue of this act, and lie
thereof convicted, tliey shall be punished by fine, imprisonment, or by
setting in the pillory, or whipping, according to the aggravation of the
said oifi'uce.

And he it further enacted,

[Sect. H.] Tliat if the sum raised by this act shall be more than
sufiiciciit to rel)iiild the said Faneuil Hall, and the market uihUm- the
same, and pay the charges aforesaid, the said siir[)hisage shall be
applied for fiirthor keeping the said building in repair. \_Passed Aj^ril
16 ; puhlished April 21, 17G1.

[•1th Sess.] PitoviNCE Laws. — 1760-Gl.

427

CHAPTEE 27.

AN ACT TO SUPPLY THE TREASURY WITH THE SUM OF FORTY
THOUSAND AND FIVE HUNDRED POUNDS.

Whereas the great and gciuMal coiirt, at their present session, have Preamble
voted that there be raised, within this government, tliree thousand men,
to be put under the command of General Amherst, to snpph" such part
of the regular forces, in North America, as sliall be drawn out of the
several forts and garrisons to be employed in some important euter-
prize ; and tchereas the additional provision made b}- this court, at
their last session, to dcfrc}' the cliarges incurred by the expedition in
the year one thousand seven hundred and sixtv, is insufficient to pay
off the officers and soldiers employed in said service ; therefore, —
Be it enacted by the Governor, Council an^. House <>f Representatives,
That the treasurer be and he hereby is directed and impowered to }jay Treasurer to

the sum of forty thousand and five hundred pounds, out of the puldic
treasury, being part of the parliamentary grant received by his majest3-'s
ship the Fowey, to recompence this province for their services in the
year one thousand seven hundred and lift^^-eight ; the monies to be drawn
for by warrant from the governor, with advice of his majesty's council,
agreeable to the following appropriations ; that is to sa}', the sum of
twelve thousand pounds, part of the sum of forty thousand and five
hundred pounds, to be drawn npon the appropriation for the invasion
in the j'ear one thousand seven hundred and sixt}", to pay off the offi-
cers and soldiers, sick and wounded ; the sum of two thousand pounds,
part of the aforesaid sum of fort}- thousand and five hundred pounds,
to be drawn upon the appropriation for carrying on the truck trade
with the Indians, according to the votes that have been, or shall here-
after be, passed \)y this court ; the sum of seven hundred pounds, part
of the aforesaid sum of forty thousand and five hundred pounds, to be
drawn npon the appropriation for the payment of the allowance to the
officers, for iulisting of men, and to the colonels of the militia, and to
such other persons as may be emjiloyed by the governor, in paying the
bount,y ; and the sum of twenty-five thousand and eight hundred
pounds, the remaining part of the aforesaid sum of forty thousand and
five hundred pounds, to be drawn upon the apjjropriatiou for bount}'
for three thousand men : and the secretary- to whom it belongs to
keep the muster-rolls and accounts of charge, shall lay before the house
of representatives, when the}' direct, such muster-rolls and accounts
after payment thereof. [^Passed April 18 ; published April 21, 1761.

pay out £40,500,
part of the
parliamentary
grant.

CHAPTER 28.

AN ACT IN ADDITION TO AN ACT MADE AND PASSED THIS PRESENT
YEAR, INTITULED " AN ACT TO PREVENT DAMAGE BEING DONE ON
THE MEADOWS AND BEACHES LYING IN AND ADJOINING TO THE
NORTH SIDE OF THE TOWN OF HARWICH, BETWEEN SKEKET HAR-
BOUR, ON THE EAST, AND QUIVET HARBOUR, ON THE WEST."

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. l.J That the town of Eastham, in conjunction with the Easthamand
proprietors of the meadows and sedgeground lying to the eastward of dije^t^d'to keep

428

PiiovLxcE Laws.— 17G0-61. [Chap. 29.]

up fence or
watcb.

lTiX>-Cl, cbap.
19.

Prov BO.

Cuiiliiiuuuce.

the westernmost point of rocks in said Harwich, shall make and keep
up a two-rail fence, during the continuance of this act, on or near the
l)lace, as usual, on tlio east side of Great Skekct harbour — beginning
at the land lately of Natlianael Freeman, Esq., deceased, and thence,
extending, northerly, on the flatts or sedgeground, near half a mile,
— or keep a watch, as the proprietors of each town shall agree.

Provided, —

[Sect. 2.] That if, at any time, any neat cattle, horses, sheep or
swine, shall be found on an}' of the said meadows or beaches within the
town of Harwich, which went through that part of the fence alottcd to
the town of Harwich to erect and maintain, or at the time when the
said town of Harwicli should keep a watch, that in such case it shall
not be lawful to impound any of the creatures belonging to the said
town of Eastham.

[Sect. 3.] This act to continue and be in force for the space of
three years from the first da}- of Ma}', this present year, and no longer.
[_Fassed April 18 ; published April 21, 17G1.

CHAPTEK 29.

AN ACT IN ADDITION TO, AND FOR AMENDING SOME CLAUSES IN, AN
ACT MADE AND PASSED IN THE LAST SESSION OF THIS COURT, IN-
TITULED " AN ACT FOR REPEALING THE SEVERAL LAWS IN FORCE.
WHICH RELATE TO THE OBSERVATION OF THE LORD'S DAY, AND
FOR MAKING MORE EFFECTUAL PROVISION FOR THE OBSERVATION
THEREOF."

Prc'iirnblc.
IVfid-fil, chap.
2<i, § 13.
13MuH8. 333.

WardonB
empoworud.

IVnnlly on
ift'cndtT*.

Whereas, in and b}' the said act, the wardens thoreb}' directed to
be chosen are authorized and irapowered, witliin their respective towns
and districts, to examine all persons the}- shall suspect as unnecessarily
travelling on the Lord's Day, and to demand of all such persons the
cause thereof, together with their names and places of abode ; but no
power is, in said act, specially given to those wardens to stop such trav-
elling persons, in order for such examination ; whereby the good intent
of that act may be easily evaded, and such examination rendered im-
practicable : wherefore, —

Be it enacted by the Governor, Cotmcil and House of Representa-
tives,

[Sect. 1.] That it shall be in the power of each and every warden
and wardens that have already been chosen, or that may hereafter be
chosen, in consequence of said act, either by himself, or with such
assistance as he shall judge needful to take or call to his aid, forceably
to .stop, and detain, any person or persons he shall suspect of unneces-
sarily travelling as aforesaid, for and during such space of time as shall
be necessary for demanding the cause or reason of such person's trav-
elling, his name, and place of abode, and receiving the answers to such
demands ; and every person examined by any warden or wardens, in
cons('(|uence of this or the foregoing act, that shall refuse or neglect to
give direct answers, shall, on conviction of such his refusal or neglect,
lorfeit and pay the sum of five pounds, and may be prosecuted and
tr[y][(]ed in the sanu; manner as is already provided in saiil act for
giving a fylse answer. And every person who shall be required to
assist and give aid to any warden, that shall refuse or neglect so to do,
shall, for every such olfenee, forfeit and pay the sum of forty shillings:
unless such person or persons so refusing or neglecting shall make

[4th Sess.] Phovince Laws. — 1760-61.

429

reasonable excuses, to the acceptance of the court or justice before
whom thc\- shall be tried.

And be it further enacted,

[Sect. 2.] That all offences against this or the before-mentioned
act, may be heard and determined before an}' of his majest3''s justices
of the peace, in their respective counties, where the fine does not exceed
the sum of forty shillings.

[Sect. 3.] All fines and forfeitures arising by this or b}' the before-
mentioned act, and not therein otherwise disposed of, shall be ap-
pl[y][/]ed towards the support of the poor in the town or district
where the offeuce shall be committed. [^Passed April 18 ; published
April 21, 17G1.

Justices to try,
iu ccrtaiu cages.

DippoBal of
fines.

CHAPTER 3 0.

AN ACT IN ADDITION TO AN ACT MADE AND PASSED IN THE LAST
SESSION OF THIS COURT, INTIT[f;]LED "AN ACT FOR ENQUIRING
INTO THE RATEABLE ESTATES OF THIS PROVINCE."

Whereas, in and by the said act, the time set for giving in to the
assessors an account of the rateable estates, improvements, and rents,
any person is ])ossessed of, as in and b}- said act is jjrovided, is the first
day of June next, and no person can, by said act, be doomed b}' the
assessors, who shall neglect or refuse to give in such account until that
date is expired, which may introduce great difficult}', and unnecessary
loss of time, in compleating this affair ; for remedy of which, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the tune for giving in to the assessors such an
account of the rateable estates, improvements, and rents., as iu the
aforesaid act is provided, shall be and hereby is limited to the twenti-
eth da3"of May next ; and every person required, by said act, to give in
such account, that shall refuse or neglect to do it at or ])efore the said
twentieth da}' of May, may be immediately doomed by the assessors,
and shall, also, be liable to the same fines and forfeitures, for such re-
fusal or neglect, as is provided, by the said act, for not giving in such
account by the first day of June ; any thing in said act to the contrary
notwithstanding.

And whereas it is provided, by said act, that all persons shall give in
to the assessors an account of the rents of such their estates as are not
under their actual improvement, and are rented out, but no column is
provided, in the printed lists referred to in said act, for entering such
rents, —

Be it therefore further enacted,

[Sect. 2.] That it shall be in the power of the assessors, in the
resijcctive towns within this province, who are, by law, to take the
account of such rents, and they are hereby directed, to add to the said
printed lists a colunin wherein to enter such rents, before the oath is
administrcd to any i)erson giving in their account as abovcsaid.

And whereas there may be persons in one town or county, owning
and improving real or personal estate in another town or county, for
whom it will be very inconvenient to exhibit their lists of such estate
to the assessors of the town or district wherein such estate lies, —

Be it enacted,

[Sect. 3.] That the persons aforesaid shall not be obliged to
appear before such assessofs, but shall be and hereb}' are allowed to

Preamble.
1700-01, chap.
24.

Time for giving
in to tliu assess-
ors an account
of raUible
estates, &c.,
limited to the
twcntittli clay
of May Dcst.

Preamble.

Column to be
added to the
printed lists.

Preamble.

Persons not
obliged to
appear before

430

TnovixcE Laws.— 1760-61. [Chap. 31.]

asAcssors,
provided.

Prparable.

DoQbt rcBolved.

transmit their lists to said assessors : provided that such lists shall be
sworn to before some justice of the peace, and shall be delivered to
such assessors on or before the aforesaid twentieth da}' of Maj next.

And n-hereas it is further provided, in said act, that each person's
whole stock in trade shall be given in to the assessors, and some doubt
halh arisen whether book-debts, and monej- not at interest, is intended
there b}- ; for the resolving of which doubt, —

Be it enacted,

[Sect. 4.] That book-debts, and money not at interest, are not in-
tended b}- the words " trading stock," in said act. [^Passed April 18 ;
published April 21, 1761.

CHAPTEK 31.

AN ACT TO PREVENT THE DESTRUCTION OF SHEEP, BY HUNTING WITH
UNRULY DOGS, IN THE TOWNS OF PLYMOUTH AND SANDWICH.

Preamble.

Iliiritini; with
(logti, in I'lym-
(lUth and
Sandwich,
prohibited.

Piiialty.

Contlnnanco
or thu not.

Whereas great numbers of sheep and lambs have, of late j'ears. liecn
worried, wounded and destroyed in the towns of Plymouth and Sand-
w-icli, in the counties of Plymouth and Barnstable, to the great loss
and damage of the owners, supposed to be occasioned principally by
hunting, there practiced, with blood-hounds, and other miscliiovous
dogs, at that season of the j'car wherein sheep do usually feed in the
woods ; and v:hercaH api)lication has been made to this court for rein-
ed}' against the aforesaid mischiefs and inconveniencies, —

Be it therefore enacted by the Governor., Council and Ilouse of Boj}-
resodatives,

[Sect. 1.] That, from and after the first da}^ of May next, during
llie continuance of this act, no person, whosoever, may presume to use
or exercise hunting with any dog or dogs, hound or hounds, within the
limits of the said towns of Plymouth and Sandwich, at any time of the
3'ear ; and each and every person who shall be convicted of any viola-
tion of this act, beibre any justice of the peace in the same counties,
shall, for the first offence, forfeit and pa}' the sum of twenty shillings,
and for the second, and every after, olfence, the sum of forty shillings,

— one moiety thereof to be to the informer, and the other moiety to
thc! use of the poor of the town where such oilence shall be committed,

— and shall be further liable to pay reasonable damages to the person
or persons whose sheep or lambs may be torn or destroyed thereby.

[Sect. 2.] And in case such olfence be committed by any appren-
tice, or person under age, not having of their own to satisl}' the law,
and their parents or masters refuse or neglect to pay the fine imposed,
the justice before whom the conviction shall be. may commit such offend-
er to the common goal, of the county where the otlence was committed
and the cause was hi'ard and tried, there to remain until the same shall
be paid ; and the parly injiuvd shall iiave his remedy, at law, to recover
his damages of the parent or master of sueh child or apprentice, upon
action brought for the sann-.

[Sect. .'L] This act to continue and be in force from the first day
of .M:iy next, to the liist day of May, auiio Domini one thousand seven
hiindii'd and sixty-two, anil fiom thence to the end of the then next
session of the general court, and no longer. \_Passed and published
April 21, 17G1.

[4th Sess.]

PiioviNCE Laws.— 1760-Gl.

431

CHAPTER 32.

AN ACT IN ADDITION TO AN ACT MADE AND PASSED IN THE THIRTY-
TIIIllD YEAR OF THE REIGN OF HIS MAJESTY KING GEORGE THE
SECOND, INTITULED "AN ACT FOR THE BETTER REGULATING THAT
PART OF THE TOWN OF BOSTON WHICH WAS LAID WASTE BY THE
LATE FIRE, AND FOR PREVENTING FIRE IN THAT TOWN FOR THE
FUTURE."

AViiEREAS in and b}- an act intituled "An Act for the better rebuild- Preamble,
ing that part of the town of Boston which was laid waste by the late J^^"''^' ''^^^- ®'
fire, and for preventing fire in that town for the future," it is, among iso Mass. 321.
other tilings, enacted that tlic proceedings of the committee, appointed
by this court, for the regulating the streets in that part of the town
which was so laid waste, should be confirmed ; but inasmuch as it is
judged more convenient, and less expensive to the town of Boston,
that Leverctt's Street and Purchase Street should be alter'd and laid
out in manner as hereafter is described, —

Be it therefore enacted by his Excellency the Governor^ Council and
House of Representatives,

[Sect. 1.] That the street that has been determined to be laid Leverctt Bireet.
out between Water Street and Milk Street, in the direction of Leverett
Street, shall begin on the west side, at a point, on the southerly side of
AVatcr Street, ranging with the northerly end of Capt. James Dalton's
house, at the distance of fifty-two feet from the north-east corner of said
house, toward the cast, and, from said point, to run to Milk Street, on a
strait line, so as that said line, being continued across Milk Street, shall
strike the north-east corner of Mr. AVheelwright's brick house, now in
the occupation of Benjamin Faneuil, junr. ; which last-mentioned house
is bounded northerlv, on jNlilk Street, and easterl}-, on Atkinson Street :
the east side of said new street to be parallel with the line before
described, and to be, in all parts, thirtj'-fivc feet distant therefrom.
And as to Purchase Street; viz., the northerh- end thereof, which Purchase street,
opens into Batterymarch Street, it shall run as follows; viz., the
westerly side of said Purchase Street to begin on the southerly side
of Batterymarch Street, at a point seventy feet and three inches dis-
tant from the north-easterly corner of the distill-house of Jacob Wen-
dell, Esq., towards the east, and, from said point, to run southerly-, on
a strait line, to the north-easterly corner of Alexander Hunt's dwelling-
house ; which is as far as the late great fire extended in that quarter :
and the easterl}- side of said Purchase Street to be parallel with the
westerly side, at thirty feet distance : an}' thing in the aforesaid act,
made in the thirty-third year of his late majesty, to the contrary not-
withstanding. And the damages and advantages that may accrue to
any jjcrson or persons, b}- laying said streets as aforesaid, shall be esti-
mated 1)}' the jury impannallcd, ibr that purpose, agreeable to the direc-
tions of the act last mentioned.

And tvhereas some of the jiuy lately summoned for the pur[)oses in Preamble,
said act mentioned, ma\- be unavoidably absent, and it may be donltteil
whether the commissioners named in said act are, by virturc of that act,
authorized to fill up the said jury ; now, to remedy that inconvenience,
and prevent an}' further delay, —

Be it further enacted,

[Sect. 2.] That when and so often as a jury shall be summoned CommisHiom r»
by Samuel Danforth, Samuel Watts and Joseph AVilliams, Esqrs., j;;^';" "'* ""-"
the commissioners aforementioned, for the jiurposes in said act men-
tioned, and one or more of the said jury shall be detained b}' sickness,

■i32

Province Laws.— 1760-61. [Chap. 33.]

or otherwise unavoidably hindered attending upon the business for
which they were summoned, it shall be lawful for the saifl commission-
ers, or an}- two of them, to fill up and compleat the said jury with
other persons, not being inhabitants of the town of Boston. [Passed
April 21, 1761.

CHAPTER 3 3.

Preamble.
9 Gray, 512.

Lands com-
prised in Uio
CDUnty of
Bcrksbire.

Inferior courts,

&C., win TO illld

wliL'U to bo bcld.

AN ACT FOR DIVIDING THE COUNTY OF HAMPSHIRE, AND FOR ERECT-
ING AND ESTABLISHING A NEW COUNTY IN THE WESTERLY PART
OF THE COUNTY OF HAMPSHIRE, TO BE CALLED THE COUNTY OF
BERKSHIRE, AND FOR ESTABLISHING COURTS OF JUSTICE WITHIN
THE SAME.

"Whereas the great extent of the county of Hampshire makes it con-
venient, and necessary, that there should be a new county erected and
established in the westerly part thereof, —

Be it therefore enacted by the Gover7io\_u']r, Council and House of
Representatives^

[Sect. 1.] That the towns and plantations hereinafter mentioned ;
that is to say, Sheffield, Stockbridge, Egrcmont, New Marlborough,
Poontoosuck, New Framingham, West Iloosuck, Number One, Number
Three, and Number Four, and all other lands included in the following
limits; viz"^'^., beginning at the western line of Granvill, where it
touches Connecticut line, to run, northerly, as far as said west line of
Granvill runs ; thence, easterly, to the south-west corner of Blan[(/]ford.
and to run, by the west line of the same town, to the north-west corner
thereof; from thence, northerly, in a direct line, to the south-east corner
of Number Four, and so run[?i]iug by the easterly line of said Numl)cr
Four, to the north-east corner thereof; and thence, in a direct course, to
the south-west corner of Charlemont ; and so, northerly, in the course of
the west line of the same town, 'till it comes to the north bound of the
province ; and northerly, on the line between this province and the pro\-
ince of New Hampshire, southerh*, on Connecticut line, and on the west,
b}' the ulniost limits of this province, — shall, fi'om and after the thirtieth
day of June, one thousand seven lumdred and sixty-one, l)e and remain
one inlii-e and distinct county, by tlie name of Berkshire, of wliicli Shef-
field for the present to be the county or shire town ; and the said
county to have, use, and enjoy, all such powers, priviledges and immu-
nities as, by law, other counties in this province have and do enjo}'.

And be it farther enacted,

[Sr.cT. 2.] That there shall beheld and kept within the said county
of Jk'rkshire, yearly, and in every year, at the times and places in this
act licrcafter expressed, a court of general sessions of the peace, and
an inl'eriour court of common pleas ; viz^'^, at tlie north i)arish in Slief-
field, on tlie last Tuesday of April, and first Tuesday of September,
and at I'oontoosuck, on the first Tuesday of December, and the first
Tuesday of Marcli, yearly, and in every year, until (liis court shall other-
wise order. And the juslici-s of tiie said court of general sessions of
the peace, and inferiour court of connnon pleas, respectively, wlio are
or shall be thereunto lawfully commissioni'd and appointed, shall have,
hold, use, exercise, and enjoy, all and singular, the powers which are, by
law, already given and granted unto them within any other counties of
the province where a court of geneial sessions of the peace, and inliMiour
court of connnon pleas, are already established ; and the inhabitants of
said county of Berkshire shall have, use, exercise, and enjoy, all such

[4th Sess.]

Pkovince Laws.— 17G0-61.

433

powers, privilodges and immunities as, by law, tlic inhabitants of any
other county within this province have, use, exercise and enjo}'.

Saving, onhj, —

[Sect. 3.] That all appeals from any judgment or judgments given
at an)' court of general sessions of the peace, and at any inferiour
court of common pleas, within the said county of Berkshire, shall lie
heard and tried at the superiour court of judicature, to be held yearl}-
in the county of Hampshire.

And he it further enacted, ,

[Sect. 4.] That the superiour court of judicature, court of assize
and general goal delivery, to be held in and for the county of Hamp-
shire, shall have, from time to time, and at all times hereafter, until the
further order of this court, the same jurisdiction, power and authority
for the trial of all actions, civil or criminal, the cause whereof has arisen,
or shall arise, within the bodv of the county of Berkshire, as also to
hear and determine all other matters and things arisen, or which shall
arise, within the body of the said county of Berkshire, as the said supe-
riour court, by law, would have if the cause of such actions, and such
matters and things, had arisen within the body of the county of Hamp-
shire.

And he it further enacted,

[Sect. 5.] That the grand jurors, and petit jurors, serving at the
superiour court of judicature, court of assize and general goal delivery,
to be holden within and for the county of Hampshire, shall, from time
to time, be chosen and summoned, in such manner as the law directs for
the choice and summons of grand and petit jurors, out of the several
towns within the said counties of Hampshire and Berkshire.

Provided, —

[Sect. 6.] That all writs, suits, plaints, processes, appeals, reviews,
I'ecognizances or an}- other matters and things which now are, or at
anv time before the said thirtieth day of June shall lie, depending in
the law, within any part of the said county of Berkshire, and also all
matters and things which now are, or at an}' time before said thirtieth
day of June shall be, depending before the judge of probate within an}'
part of the said county of Berkshire, shall l)e heard, tried, proceeded
upon and determined upon in the county of Hampshire, where the same
are or shall be returnable, or depending, or shall have day, or days.

Provided, also, —

[Sect. 7.] That nothing in this act contained shall be construed
to disannul, defeat, or make void, any deeds or conveyances of lands
lying in the said county of Berkshire, where the same are, or shall be,
before the said thirtieth day of June, recorded in the register's oflice
for the county of Hampshire, but that all such deeds or conveyances,
so recorded, shall be held good and valid as they would ha\e been had
not this act been made.

And he it further enacted,

[Sect. 8.] That the justices of the coui't of general sessions of the
l)eace, at their first meeting in the said county of Berkshire, shall have
full power and authority to appoint some meet person, within the said
county of Berkshire, to be register of deeds and conveyances within
the same, who shall be sworn to the faithful discharge of his trust in
the said office, and shall continue to hold -and exercise the same,
according to the directions of the law, until some person be elected by
the freeholders of the said county of Berkshire, who are hereby impow-
ered to chuse such person, at their first March meeting within their re-
siuetive towns and districts, in the method already, l)y law, pres(Til)ed ;
wliich person, taking upon him that trust, shall be sworn to the faith-
ful discharge thereof. And the office of register of deeds shall be kept

Saving.

Superior court
to be held in
Ilampuliiro.

Jurors, wlienct
to be tulicn.

Proviso.

RpgiHtcr of
dec'clH to be
appointed.

434

Province Laws.— 1760-61.

[Chap. 34.]

IlulcB for pro-
ceedings as in
other cases.

ill the north parish of Sheffield, aforesaid ; and until such register shall
be appointed by the said justices, and sworn, all deeds and conveyances
of lands lying within any part of said county of Berkshire, being re-
corded in the register's office in the county- of Hampshire aforesaid,
shall be held good and valid, to all intents and purposes, so far as relates
to the record of them.

A)i(l he it farther enacted,

[Skct. 9.] That the method and proceedings directed to by law for
chusing a register of deeds and conve3-ances, and the county treasurer
(which last-mentioned officer shall be chosen and a2)pointed, in manner
as the law direct [s], at the next March meeting of the freeholders afore-
said) , also for the bringing forward and trying any actions, causes, pleas
or suits, both civil and criminal, in the several counties of this province,
and courts of judicature within the same, and for chusing jurors to serve
at the several courts of justice, shall be observed and put in practice,
within the said county- of Berkshire, and b}' the courts of justice within
the same.

Provided, ahva]/s, —

[Sect. 10.] That the inhabitants of the several towns and places
hereinbefore enumerated and set otf a distinct country, shall pay their
proportion to an}' count}' rates or taxes already made and granted, in
the same manner as the}' would have done had not this act been made.
\_Passed and published April 21, 1761.

CHAPTER 3 4.

AN ACT FOR ERECTING THE NEW PLANTATION CALLED PONTOOSUCK,
IN THE COUNTY OF HAMPSHIRE, INTO A TOWN BY THE NAME OF
PITTSFIELD.

Preamble.

ISounds of the
town.

Town ini'ctin|{
lo bo wufDcd.

I*rodiK).

Whereas it hath been represented to this court that the erecting the
plantation called Pontoosuck, into a township, will greatly contribute
to tlie growtli thei'oof, and remedy many inconvenioncies to which the
inhal)itants and pro|)rietors may l)e otherwise subjected, —

/> it enavted hji the Governor, Council and House of Jiepresentaticei,

[Sect. 1.] That the plantation aforesaid, bt)unded as follows;
viz"^'^., nortii, on New Framingliam, so called ; east, partly on Ashuelot
equivalent, and partly on un;i[ipiopriated lands; south and west, on un-
appi()priale(l lands ; — be and hereby is erected into a town by the name
of I'iltsiiold ; and that the iiihal)itants tliereof be and liereby are in-
vcstc(l witli all tlic powers, priviledges and imnninities whicli the in-
hal)ilants of the towns within this province do enjoy.

Savincj, —

[Sect. 2.] Tliat (he said lown sliall not have ]il)erty to send a rej)-
rescntative to the general court, until the general election in ISIay, 17(!;5.

.And he it further euadeil,

[SicCT. ;$.] That William Williams, Ksci^'^, be and heri'by is impow-
(•i(<l to issue his warrant, diiceted to some principal iuhaliitant in said
town, to notily and warn the inhabitants in sai<l town, (pialilied by law to
vole in town alfairs, to meet, at such time and place as shall be therein
set forth, to chusc all such officers as arc or shall be required, by law,
to manage the affairs of said town.

Provided, nererfheh'ss, —

[Sect. 1.] That no inliabi(;iiil of said t(jwn, or proprietor in the
same, excfpling the original sixty sctlling proprietors, or those who

[4tit Sess.] Province Laws. — 1T60-G1.

435

hold under thcni, shall be obliged to pay any i)arL or i)i-oi)ortion of the
charge towards building a nioeting-housc, settling tlie first minister,
and the other charges within said town, which the said original propri-
etors were obliged to perform, either according to the tenor of their
grant, or to an}' agreements already made by or among themselves.

And be it further enacted,

TSect. o.i That all assessments of rates and taxes agreed upon by Assoosmcnta to

.... 1 . . 1 11 1 • !■ 11 ^ 1 I 1 ■ 1 'i be ill full force.

said original proprietors shall l)e in lull force, and ma}- be levietl and
collected, in like manner as if this act had not been made, \_l\issed
April 21 ; published Ai)ril 22, 1761.

CHAP TEE 3 5.

AN ACT FOR PREVENTING TILE STEALING AND CLANDESTINELY CON-
VEYING SHEEP AWAY FROM THE ISLAND OF MARTHA'S VINEYARD
IN DUKES COUNTY.

Be it enacted by the Governo[_n]r, Council and House of Represen-
tatives,

[Sect. 1.] That in every town on the island of Martha's Vineyard,
in Dukes County, there shall be some meet person, some time in JVIay
next, chosen to inspect all such sheep as shall be there purchased to be
transported off from said island, which person shall be sworn to the
faithful discharge of said oflice ; and no person or persons, whatsoever,
who shall, after the tenth day of June next, purchase any sheep on the
said island of Martha's Vineyard in order to transport them from
thence to any other place, shall presume to carry them off in any ves-
sel or boat, whatsoever, before he or the}- shall have presented them to,
and caused them to be viewed l)y, the insi)CCtor for the town from
whence they are to be transported, and shall have shewn to such
inspector a certificate, under the hand of each and ever}' person of
whom they shall have i^urchased said sheep, declaring the numboa- and
particular' mark or marks of all sheep by them sold to such person or
persons transporting them as aforesaid.

[.Sect. 2.] And such inspector is hereby authorized to make a fair
entry, in a book to be kept for that purpose, of tlic said number and
marks of such sheep, with the Clu-istian and sirname, occupation and
dwelling-place, as well of the person or persons of whom the same
■were last bought, as of the i)resent owners or shippers, and also of the
master of the vessel or l)oat in which they are designed to be trans-
ported ; and shall deliver a certificate, under his hand, of such entry
by him made, unto the shipper, directed to the master of such vessel or
boat, h\ name : for wliich entry and certificate the said inspector sliall
demand and receive of the purchaser the sum of one shilling for every
score of sheep therein mentioned, and so in propoi'tion for a greater or
less number.

And be it further enacted,

[Sect. 3.] That if any person or persons shall, after the publication
of this act, presume to ship or transport, from the aforesaid island, any
sheep which have not been first viewed and ent[e]red as aforesaid, or
if the master or commander of any vessel or boat shall receive, take,
or suffer to bo received or taken, any sheep, on board the vessel or boat
under his command, in order to transport them from off said island,
without such certilicatc as aforesaid, or any other sheep than what
agree with the di-sciiption therein given, every shipper or master so

InspcctorB of
shoc'p to bo
chosen in Mar-
thii's Vineyard.

Inspector'a
dut%'.

Ponnlly for
takiiitrnff cbcTi
witliuut inspec-
tion.

436

Province Laws.— 1760-61.

[Notes.]

Inspectors to
inform of
broaches of
this act.

Continuance.

oflfending shall forfeit and pay, for each aod evory sheep b}- him so
received or taken on board Jjis said vessel or boat, the sum of twenty
shilUngs ; one moiety thereof to be to the use of the poor of the town
whei-e the offence is committed, and the other moiet}' to him or tliem
who shall inform and sue for the same, b}' action, bill, plaint, informa-
tion, or presentment of the grand jurors, in any of his majesty's courts,
within this province, before whom the same may be cognizable ; any
law, usage or custom to the conti-ary notwithstanding.

[Sect. 4.] And the inspector in each town on the aforesaid island
is hereb}' required to take care that this act be duly observed, and to
inform of all transgressions thereof.

[Sect. 5.] This act to be in force for the space of one year fi-om
the tenth day of June next, and no longer. [^Passed and published
April 21, llGl.

Notes. — There were four sessions of the General Court this year, at all of which
acts were passed. Of the engrossments of these acts the following chapters are
missing; viz., 1, .S, 4, 5, 8, !>, 10, 11, 12, l.'j, 14, 15, 31 and ;>2: all, however, were printed;
chapters 11 and 18 separately.

Governor Powuall having been recalled, the government devolved on Lieuten-
ant-Governor Hnt<-liinson from June o, to August 2, — the date of Governor Ber-
nard's arrival. Tiilings of a demise of the crown reached Boston, Deccmlior 27,
during tlie third session of the Assembly. Although the news was unnthcially
communicated, it was followed, on the ;'>Otli, by proclamation of George HI., as king,
and the Legislature continued its session without inorogation.

The following is the title of the only private act passed this year. It was in-
cluded with the printed public acts, buii there seems no reason for distinguishing it
from other private acts which are reserved for the Ajipendix: —

"An Act to enable the Executors of the last Will and Testament of Sir William
Pepperrell, Baronet, deceased, and the other Proprietors of certain Tracts of Land
in the Townships of Biddeford and Scarborough to sue for any Trcs|)asses com-
mitted upon said Tracts of Land within live years preceeding the present Session
of this Court in the present County of York."— [/^rtAScd April 18; published April 21,
1761.

The acts of the first session were duly certified for transmission, July 4, 17(!0, and
those of the second session, August ."lO, 'l7(iO. The date of their delivery to the clerk
of the Privy Council, in waiting, does not appear; but, on the I'.'ith of Novemlier,
they were refen-ed to tli(! committee on ])lantati(ni alTairs, by whom they were, in
turn, referred to the Board of Trade two days later. On the '.ith of December, the
Board, consiclering that all these acts, ex<H!pt chapters 2, 4, 7, 1) and l'>, had expired
by their own limitation, ordered these five, only, to be referred to Sir ^latthew
Lamb, "for his opinion thereupon in point of Law." Sir ^latthew Lamb having
reported. May 1!>, 17(11, that ho had no objection, &c., to these acts, they were again
considered by the Board, on the 22d, anil "ordered to lye by ])rol>a;ionary, until
the further eife(;t & operation of them sli'' bo known." No record of further action
on these chai>ters has lieen discovered.

The acts of the third session were duly certified for transmi,<sion. February 28,
1701, and, on the iiOth of May, they were delivered to the clerk of the Privy Council,
in waiting. They were referred to the committiM! on plantation atTairs, Jnne 2."ith,
and, four days later, referred to the Board of Trade, to examine and report, &c.
The Board of Trade referred them to Sir Matthew Lamb, " for his opinion thereupon
in iioint of Law," November II, 17(il. Sir Matthew Lamb reported, Jamiary 22,
17(i2, that he had no objection, &(!. This report was received liy the Board, on the
2()tb; and, on the second of February, the Board ord(n-ed that snch of thes(! acts "as
are not cxjiircd should lye by i>rohatioiiary iinl ill the further elTect and operation
of them should be known." Chapters lii, and )S, were specially considered, as will
bo seen in the notes to those acts resjieetively, but no record of further action on
the remaining acts of this .session has been discovered.

The acts of the foiwth session, inclndiiig the private act above described, were
duly certified for transmission, .June IS, ITUl, but were not di'livereil ti> the clerk of
the Privy Council, in waiting, until the I'.'th of September following. Gn tiie 24t]i.
they were referred to the committcMi on plantation alTairs. and, the next day, referreii
to the Board of Trade, wlieri; they were considi'red, January i::, I7ii2, and ordereil to
bo sent to Sir Matthew Lamb, for his oi>inion, &c. Sir Maliliew's report, dated May
22, 17<>2, was ri'nd and considered by the Pxiard, .Tune '.i, 17()2, Imt, although he snlt-
mitted the olijeetions hen-after given, in noti'S to chapters 2."), .'!•> and 'M, the Board
pa.sse(l an order that all tin; acts of this session " should lye by ]>rol>ationary, until
the flirt iier operation and elTect of tliem should l>e known," which is the last
action U])on them that has becMi discovered in the Pnblic-UeiHird Olliee.

Clxip. .1. In the campaign of 1757, as has been .shown (note to 1757-53, chap. .TO,
and n.T.MM), chap. Hi, unti), the Oown fnrnishe(l, through contractors, the sul)sist-
ence of the provincial forces; and this being all tli;it w:is promised by Mr. Secre-
tary Fox, mid by Ids successor, Mr. Pitt, in his letterof February, 1757, no claim

[Notes.] Province Laws. — 17G0-G1. 4o7

was luade by tlic province for reiinlmrseinent of tlu; oxiioiises iiu.urrcd in levying,
paying, arming and I'lotliiiig tlie men enlisted fur that camiiaiLjn in the Massachu-
setts quota. For the camiuiijin of 17.'>8, however, Mr. I'itt, as an additional indnce-
lucnt for tlie raising the larj;c eonlinscnt expected of this province, proudsi'd not
only to furnish a train of ariillci y, and all necessary arms and transportation, Imt
that strong recommendations would he made to parliament to grant a proper com-
pensation for such other exixuiscs as tjie iirovincc had home, exclusively, in pre-
vious years. The recommendations in;idc to I'arliamcnt in accordance with this
l>romise resulted in a grant of £ _oo,000, to be distritiuted among all the North-
American provinces engaged in tliu war, " as their active vigor and strenuous elTorts
shall be thought by His Majesty to merit." (Sec Journals of the House of Com-
mons, April •■>0, 17.")'.l.)

The subject of soliciting and receiving the province's i>roportion of this grant,
led to unhai)py dilTcrences in the Legislature, and between the Agent and his con-
stituents. The dissatisfaction with ^Ir. liollan's proceedings in procuring and
forwarding the provision-money for ITOii, seems to have been shared by the (iovern-
or (Pownall); and he, having rc(;cived an address from the Assemlily at their Juno
session, entreating him to represent to the King the distressed state of th<' iirovince,
prepared a most earnest letter, in their liehalf. to Mr. i'itt, which, however, he did
not forward until after tidings of the grant had been received from Mr. Dollan.

At the beginning of the October session, a vote of thanks from thi! Assenddy was
tendered to the Governor, lor his urgent rciiresentation to Mr. Pitt; and, on the
strength of this approval, the Oovernor took occasion, in the following vacation,
to write again to the Secretary of State that the receipt or delay of the provision
money "would greatly promote or might greatly obstruct" measures for raising
troops for the campaign of 17."):t, and to propose to him that the; money be sent
through the government contractors, consigned to the province Treasurer, in the
same manner in which the grant for the expenses of the year 175o had been for-
wariled. He also wrote to the contractors informing them of his letter to Pitt, and
suggesting the propriety of thus transmitting not only this money but, also, the
expected grant for reimbursing the expenses of the province, in 1758. Of his letter
to Mr. Pitt the Governor forwarded a cojjy to Mr. Bollau.

This interference by the Governor, tJiongh evidently prompted by a sincere
regard for the welfare of the ]irovince— which he deemed in peril, from the dis-
agreement of the Council and Kepresentatives on the subject of authorizing some
party to receive the grant, and the failure of Mr. Bollan to devise some short way
out of the difficulty— was, with good reason, resented by th« latter.

In the act authorizing the recei[)t and transmission of the Cajie-Breton money
(1748-l'.i, chap. 15), Admiral Warren and Eliakim Palmer were joined with the
agent for that purpose; and this precedent was now availed of to join Mr. John
Pownall, brother of the Governor, and, at this time, Secretary of the Lords of
Trade, who was well informed on all matters relating to the iirovince, and warmly
interested in its welfare.

The Council having voted, in the December session, that Mr. Bollan be directed
to solicit the compensation for the campaign of the same year (17.58), and the House ^

having refused to concur in this vote, the Governor, on the 17th of February, 1750,
feeling that Mr. Bollan's authority was virtually suspended, wrote to his brother,
urgently entreating him to second the efforts he himself had been making with Mr.
Pitt and the contractors, to have the money forwarded.

At the opening of the February session this action of the Governor was commu-
nicated by him to the Assembly,' and thus Mr. John Pownall was brought proini-
nently forward as a person proper to be associated with the Agent in this affair.
Accordingly, on the 28th of jNIarch, he was chosen to that place by both branches,
of which fact prompt notice was sent to him by the Secretary. A mere copy of this
vote, without any formal power of attorney, being the sole credential received by
Mr. Pownall from the province, Mr. Bollan felt oliliged to object to the suhiciency
of Ilia authority, both in duty to the officers of the treasury, and to prevent the
recoupments, delaj-s and obstructions, which, upon the discovery of such an irregu-
larity, must, inevifablv, have ensued in negotiating futtirc payments. Mr. Pownall
lost no time in notifying Secretary Oliver of Mr. Bollan's objection, whereuiwn a
regular power of attorney, in conformity to the precedent of 1748, was prepared by
order of the General Court, and transmitted to Mr. Pownall, by the Secretary, Octo-
ber 15, 1759. A joint letter of instructions was also sent to Messrs. Bollan and
Pownall.

While the letters just described were preparing, Mr. Bollan was writing to Secre-
tarv Oliver, fully stating his objections to Mr. Pownall's apjiointment, and setting
forth the difficnUies tiiat he eticountered througli the repeated interference of other
persons claiming to act in behalf of the province. Notwithstanding the inharmoni-
ous and wavering conduct of the Assembly, Mr. Bollan continued to labor assidu-
ouslv to procure for the province a liberal aiiportionment of the grant; but, in tho
mid.st of these labors, tiie General Court voted to dismiss him from the agency.
This vote was passed February 12, 17(10; but the next General Court reinstated him
on tho Oth of June following, and, on the •JOtli of the same month, the present chap-
ter, joining Mr. Pownall in the business of receiving and transmitting the compen-
sation money was passed.

Before notice of this last appointment had been received by him, Mr. Pownall
wrote to the Secretary, enclosing a copy of his letter, of tho same date, to Mr.
Bollan, expressing a desire to " wave any claim" under the letter of attorney of
October 175'.i, and expressing his conviction that this business could not be ia
better hands than Mr. Bollan's, who was "ranch better acquainted," than he,
" with transactions of this kind." Mr. Bollau also wrote that ho hoped that Mr.

-l,;3y Province Laws.— 1760-61. [Notes.]

Pownall'a letter would " prevent all future difficulties touching the receipt of the
money payable at the treasury for the use of the Province." The matter here
rested, with the exception of the Imsiness of forwarding accounts and vouchers
from the province, until August 8, 17(J0, when Mr. Bolian wrote to Secretary Oliver
that he had received the province's share of the grant.

On the 8th of Octolier following, the money was shipped on the Fowey, man-of-
war, Capt. Tonyn. It arrived at Poston, Man^h 14, 17(il, and, on the sixth of May,
Mr. Treasurer Gray entered a credit to ]SIr. CoUan for 28,5'J8 Johannes, and .3,0«XJ
moidores (fourtlis and ei;;hths), v.liich had arrived hy the Fowey and which — the
former being reckoned at 48 shillings, and the latter at 36 shillings — amounted to
£7;!.8G0, 13s. (jd. province money.

" June L'O'h, ITtiO, Sir, The General Court having appointed you Agent of the Prov-
ince of the Massachusetts Pay, at the Court of Great Britain, as Appears by the-r
Vote of the <>"> Instant, and his Honour the Lieutenant Governor, at the Request of
the two Houses, having Commissioned you for that purx^ose,

Your Instructions are.

!»' That upon the Receipt of the Provinces Proportion of the Parliamentary
Grant of £200,000 Sterling, you cause it to be shiiK'd on Eoard one of his Majesty's
Ships of War, bound to Boston, New York or Nova Scotia, and if to either of the
last mentioned Places, endeavour to obtain leave for such Ships proceeding to
Boston with the IMoney but you are to Ship it, tho you shouUl not obtain that
leave as the Province Frigate'can bring it from either of said Places, and you are
to cause the said Money to be fully insurred, Consigning it to the Treasurer of the
Province, for the time being, or his order —

odly With regard to the Provinces Projiortion of the Parliamentary Grant to the
Colonies, for their Military Services in 1758, An Act has passed (the former power
being judged insufficient) impowering you, in Conjunction with John Pownall Esq'
to receive it— You are to follow the Instructions that will bo given you in Conjunc-
tion with M"" Pownall, upon this IIoad."—Exlrarts from (he insinictions to Arjent
Bolian, Council Records, vol. XXIII., p. 481.

" Boston June 20: 1700.

Gentlemen, Some doubt having arisen with r(>gard to the Validity of the Power
sent you to receive this Pro\inces Proportion of "the (Jrant made by Parliament to
the Colonies for tlieir Military Services, in the Year 175S, The General Court have
passed an Act Impowering you jointly, or in certain Cases Severally, to receive
said Proportion for the us(! of the Province, concerning which it is the desire of the
General Court, that as soon as may be after the Receipt of the Money, you cause it
to be shiped on Board one of his" Majesty's Ships of War, bound to Boston, New
York or Nova Scotia, aud if to either of tlie last mentioned Places that you would
endeavour to obtain Leave for such Ships jiroceeding with it to Boston: but tho
you should not obtain that leave, j-ou an^ to Ship it notwithstanding, as the Prov-
ince Frigate can bring it fi-om cither of tliosc jilaces. and you are also desinid to
cause tho same to be fully Insurred, and to Consign it to the Treasurer of the Prov-
ince, for the time being or his Order.

In Council Voted that the Secretary be directed to prepare a, fair Copy of tJie
foregoing Letter to M"" Agent Bolian, and John Pownall Esquires and sign tho
same, in the name of the General Court, and transmit it as soon as may be.

In tho House of Rejiresentatives Read and Cuncurred Consented to by tho Lieu'
Governor." — Ibid., p. 480.

U/uip. 7. " Jan. 22, 17G0. A Petition of Enoch Freeman and Others a Committee
of tho Town of Falmoutli, Praying for a division of the County of York and that
, the Towns and Settlements to tho Eastward of Saco River may be made a sepcrato

Countv and that Falmouth may be made the Shin; Town.

In the House of Representatives. Read and Ordered That M^ Tyng M' Flucker
Mr Tyler Col" Partridge and Mr Paine lie a Committee to confer with such as tho
houoiiralile House shall aiipoiut upon the subject matter of the several Votes that
iiav(! passed bolli Houses on this relition and reinirt thereon.

In Council Read and Concurred and Jo.sei)li Pynchon, John Erving, James
Bowdoin and Tliomas Hancock Esq" are joined in tho Aftair."— C'oi<nc*7 liccord.':,
vol. XXIII., p. v.y.\.

"Feb. i:i, 17(J0. In Council on the Petition of Enoch Freeman and Others Pray-
ing that a new County may be formed in the County of York and on the Petition
of Silvester (!ardn"r'and others. Praying That another new County may bo
formed in said Coimty of York

Ordered That the Petitioners serve the Inhabitants of the several Towns and
Districts in the County of York with a Copy of said Petitions by inserting th(< suli-
Btimeo of them together with this Order iii the Several Boston news jiapers tlirco
We(!ks su(;cessiveiy, that so they may shew cause if any they havt! on the lirst
Tuesday of the next May Session why the Prayer of said Petitions should not bo
granted.

In the ITouso of Representatives Read and Concurred Consented to by the Gov-
ernor.''—/')/(^, ;). 27().

"June 10, 17(»0. In Council. Voted. That .John Gushing Silvanus Bourn and
Isriiel Williams Esq'' with such :vs the ironourable House shall join be a Committee
to t.ikt; under consideration flu^ several Petitions for dividing tin; County of York
and erecting one or more new Counties IIkti;, hear such of the I'arties concerned,
who may \ui now Attending tho Court, and Report what they Judge Proper for this
Court to d» <u tho A.llair.

[Notes.] Province Laws.— 1700-61. 439

111 tlio IIouso of Representatives Road and Concurred, and M"" Foster Col" Gerrisli,
M'' I'aino, and Col" Jones of Ilopkintdii are j(3inc(l in the AlTair. "—//>»>/., p. 417.

"June IJ, 17tJt). Tlie Comniittci" to wiioni was referred tiu! I'ttilions relating to
the dividiiijj of the County of W)rl<, ha\ins heard the retitioners, and others con-
cerned, are of 0]iiinon that tht^ l'ra.V(>r of the retitinu he fjranted, und that the
County of York, he ilivided, an<l made thri'O distinet and Seperate Counties, accord-
ing to the liill hrought in the last Session of the General Court, and referred over
to" this.

In Council Read and Accepted. In the House of Representatives Read and Non-
concurred." — Ibid., p. 4.'>2.

" .June l(i, ITiil. \ Petition of tin; Selectmen of the Town of Brunswick— Setting
fortli— That tliey apprehend tlier(! is some uncertainty with respect to the Bt)un<ls
of the County of Cuuilu'rland, and a dispute hath arisen whether or no the whole
Town of Drunswick is included in said County, i'raying the determination of this
Court.

In tlie House of Reiireseiitatives Read and in Answer to this Petition, Resolve<l
Tliat tiu^ triK! intent and meaning of the I.,ine of the County of Cumherlaiid was to
run hy the iJiver or Cri^ek that sei>erates Rrunswick frtnu George Town, and that
the whole of tin; Town of Brunswick hereafter be deemed part of the aforesaid
County of Cuinherland.

In Council Read and Nonconcurred. And "Whereas it Appears comparing the
Boumlary Lines of Brunswick wiili the Line dividing the Counties of Cnmherland
and Lincoln that the whole of said Brunswick is within the County of Cumberland.
Ordered that this Petition be dismissed.

In the House of Representatives Read and Concurred."— /^icZ., vol. XXIV., p. 4(5.

See, also, note to 1759-GO, chaj). '2'>, ante.

Chap. 10. It will he observed that this chapter was. enacted on the same day with
the act joining Mr. Pownall in the business of receiving and transmitting the pro\-
ince's share of the grant for reiml)ursing a portion of the expenses incurred in the
campaign of 1758 {initc, chap, il.^, and that, in the jireseut chapter, Mr. Trccothick
was to act only in case of the sicivness or death of the Agent.

Governor Pownall had been nominated to the post of governor of South Carolina;
and news of his recall had come to him in the latter part of February, although he
did not sail for England until the third of June, tip to wliicli time he continued to
act in his office. His brother'-; resignation of his joint commission with the Agent,
followed on the iiOth of July, which, though a month later than the date of this act,
was some time before he could have received tidings of its passage.

Mr. BoUan's new commission as age::' and a copy of the present act. reached him
in August. Fresh instructions had been prepared for him; and a detailed statement
of expenditures by the province for the campaign of 17.o'.), in which Massachusetts
was credited with a contingent of (!,500 men, was promised. Instrui'tions were also
prepared for Mr. Trccothick. Parliament had already granted £-00,000, for reimburs-
ing part of the expenses of all the colonies for that year (see Journals of House of
Commons, March :>1, 1700), and Mr. Bolhm renewed his aiii)lications to the Lords of
the Treasury for sucli an apportionment of that sum to ^Massachusetts, as would be
equitable. In the mean time he applied for leave; to return to the province during
the next summer, in order to look after his i>rivate alTairs, explain, in person, the
difficulties that had attended liis former negotiations, and collect evidence to defend
the right of the province against the claims of the Earl of Stirling, and others, to
a portion of her eastern territory.

When, in October, he wrote that the 175S-money was shipped on the Fowey, Mr.
Bollan had not received the promised statement of expenses for 1759, and he took
occasion to mention that fact in his letter. The accounts had been sent, but, as was
supposed, had miscarried, and, on January;', 1701, duplicate copies were forwarded.
It appears. howev(T, that tlie accounts, ami a triplicate co]iy, reached Mr. Bollan on
the sixth of February. In the mean time, he had procured an order from the Lords
of the Treasury, for delay until their arrival.. On examining the copies sent him
they were found incomi>lete.

The demise of the Crown occurring in October, and rendering necessary the
renewal of commission^, gave Mr. Bollan an opportunity to suggest to the General
Court the proper way to appoint an agent; ami, in a previous letter, he had already
asked for express orders <;oncerning the transmission of nione3', so as to avoid, lor
the future, the difficulties that had attende<l former shijiments.

Further statements of accounts were forwarded to the Agent on the Gth and 17th
of June; but the grant had been already apportioned (.Vpril '2i-'), and £i)0,G:;4 allotted
to Massachusetts. Four days before the second of these letters was dispatched to
him, Jlr. Bollan wrote to the Secretary that, after the warrants for payment of the
grant liad been made and signed by the King, a mistake was discovered, which
made it necessary to cancel them; and, thereupon, new warrants were prejiared,
which were not (ielivered until the fonrteenth of May, and then without the letter
from the Secretary of the Treasury ujion which, alone, the warrants could be paid.

These warrants were drawn tipon the Paymaster-General; and, upon presenting
the warrant for this province, to have it examined prejiaratory to payment, Mr.
Bollan was informed that payment would not be made immediately, and not wholly
in money, but that a moiety would be in Excherpier tallies. Having arranged that
one letter from the Secretary should answer forall the colonies, and liaving adjusted
minor details, including the settlement of fees, &c. he called for the letter, at tlie
time appointed, and was then informed that payment was stopjicd, by order of
the Lords of the Treasury, ui)on application of the Earl of Kinnoul, late Paymaster-

44:0 Pl^ovl^'CE Laws.— 1760-Gl. [Notes.]

General, whose accounts were unliquidated, owing to an irregularity in the repay-
ment of the loan from Gov. Shirley, in 175(i.

The vote of the General Court f^ranting Mr. Bollan's request for leave of absence
reached him before the middle of April, Imt he did not feel at liberty to avail him-
self of this privilege until all matters relating to reimbursement for tlie expenses
of 175!) were so far settled as that the money could be ol)tained by tlie province
witliout further application to the government, lie succeeded in removing the dif-
ficulty with Kinnoul's accounts, and jjrocured a discharge of the order for retaining
any portion of the gi'aiit to meet that contingency, so that, by the 2()th of May, the
ca.sh part of the province's share was in his liands, which he promptly took meas-
ures for forwarding.

Owing to a scarcity of coin, considerable time was consumed in converting the
money into golil, according to instructions, preparatory to shi])ment. A new dirti-
culty now arose. AVhile proceeding to have the gold put on board the Alciile, man-
of-war, which was ready to sail, and in whicli, with the consent of the Lords of ilie
Admiralty, he had arranged to ship the gold, he received intimations that the
Assembly were about to pass, or had passed, an act authorizing bills of exchange to
be drawn ui^on him. Ten days before, lie had written to Secretary Oliver of his
intention to ship the guld. but, as the drawing of bills would save the province
seven per cent, or more, and would obviate difficulties and delay attendant ujion the
transmission of money, Mr. Bollan concluded to retain the gold, to meet sucli
draughts as might be presented, and immediately notilied the General Court of this
conclusion, giving his reasons for it at length and expressing tlie hope that his con-
duct wonUl meet their apin-oval.

On the first of August the Agent wrote again to the Secretary, for instructions
concerning the drawing of bills upon him, he liaving seen, besides the private let-
ters (mentioned in his former dispatches) giving information iipon the subject, a
copy of the Boston Post, of June '22, containing an advertisement for subscriptions,
to the Treasurer, for bills of exchange on the Agent, for £t)0,(X)0. (See 17()l-(j"-'
chap. 3 }}ost.) But no offiiial information of tlio ]iassage of the act had reached
^ him, nor, on the other hand, had the Exchetiuer tallies been cashed.

Mr. Bollan ajipears to have remained at his post, notwithstanding his permission
to return, until after Mr. Mauduit had entered upon his duties, as his successor.
(See chapter 48 post.)

" Boston June 20tii 17G0.—

Sir The General Court of the Province of the Massachusetts Bay, have aiv
pointed you (in Case of the Deatii, or other Incapacity of >Mlliam Bollan Esq'') to
receive the Provinces Projiortion of a Grant of £2(k),0()0 Sterling, made by tlie
Parliament to tlie Colonies, as a Compensation for their Military Services, in the
Year 175!>, In Case you should receive it, it is the desire of th«! Ocueral Court, that
as soon as may be, after the Receipt then^jf you would cause it to bo Shiped, on
board one of his Majesty's Ships of War liound to Boston, New York or Nova
Scotia, and if to either of the two last mentioned Places, that you would enileav-
our to obtain leave; for sucli Ships proceeding witli the money to Boston, but tho
you should not obtain that leave, you are to Ship it Notwithstanding, as the
Province Ship can bring it from eitlier of those Places and you are directed to cause
the same to be fully insured.

In Case Mi" Bollan should receive tho said Mon(>v, and should receive it, ))efore
an Oppertunity olTcrs to Ship it, he will be desired to lodge it in some Pulilick
Bank under such Circumstances, as that (in Case of his Death, or other Incapaci-
ty) you may be able to demand, and receive it for the use of the Province, and in
that Case you will Vie pleased to ship, and insure as abovcinentioned, Consigning it
to the Treasurer of the Province, for the time being, or his Order.

In Council Ordered that tlic Secretary jirepare a fair draft of the foregtjing
Instructions to Barlow Trecothick Esq^ and sign, and transmit the same as soon as
may Ih-.

In the House of Representatives; Read and Concurred Consented to by tho
Lieutenant Governor." — Council Records, vol. XXJIl.,}). 480.

Chap. 11. "June 19, 1700. In the House of Representatives— In Answer to tho
Prayer of tho Petition of tlie Selectmen of the Town of Boston— Voted that the
sum of Eleven hundred pounds be granted, and paid out of the Publick Treasury
of this Province, to the Town of Boston, in Li(Mi of any Abatement, on their Pro-
portion, of the Province Tax, on Account of their Losses by the Fire on tlie Twen-
tieth of March last; th(! same to bi-applycd to the AbjittMiient of the Taxes, of tli<!
parti<'ular Persons, who have Sustained Jjosscs by said Fire, in such Proportion, as
tlie Assessors of said Town shall det(>rmine.

Ill Council Read and Concurred C(niseiited to by tlio Lieutenant Governor." —
Council lircnrtls, vol. XXIII., p. 4();!.

"Dee. '21, 17<>t). A J'<;titioii of Nathan Nye. and John Slicrman ('onsfablcs of
Rochester, representing the difliculticH they laliour under with resiiect to tho Tax
laid upon one Jolm Sherman a Quaker— Praying the direction of this Court there-
upon.

In tho IIouso of Representatives; Road anil Ordered that the Prayer of this
Petition lie so far granied as that the Treasurer bo directed to stay Execution
against .lohn Sherman, for the four pounds, nineteen shillings, and three pence,
till the further Order of this Court.

In Council Head and Concurred Consented to by the Governor." — Ihid., ;>. Tt'M\.

" Dec. '2~, I7(U). .V Petition of the Town of Raynham— Praying the Fine imposed
tipon said Town for not sending a Representative the present Year, may ho remit-
ted, for the ruusons in said I'etitiou menlioned.

[XoTEs.] PnoviNCE Laws.— 1760-Gl. 441

In the IIoiiSG of Roprcscntativos; Road ami Onlercd that the Prayer of tho
Pititiou 1)1! jjrauteil, and th(^ Petitioners are allowed to receive Ten pounds out of
tlK^'Pnlilick Treasury accordinyily.

In Council Read and Concurred Consented to by the Governor." — Ibid., p. 5:'>7.

"Dee. ;!1, ITCiO. A Petition of the Coinniittco for tho District of Ilarpswell —
Praying that Neheniiah Curtis, and John Snow, may he inipowcrcd to collect tho
Taxes laid upon tln^ Inlialiitants of said District .ivrc"

In the House of Pu'prcscntatives; Picail and Voted that the within named Nehe-
iniah Curtis and Jtihn Snow lie required and th<'y hereby are impowered to pro-
ceed and perfect the Collei'tin^ tlx- Taxes within nu'ntioncd, according to Law,
any Failure with respect to their t^>ualiti(ations liitlicrto Notwithstanding.

In Council Ivcad and Concurred Consented to by th(! (io\crMor." — I hid., ]>. 544.

"Jan. •_'•!, ITtil. A Petition of Abiel Sadler of Upton— Setting forlli that the.
Town of Upton at their ^Mi'cting in iSlarch last, chose Jonathan \Vood one of tlie'
Constables of said Town, who hired the Petitioner to take his phice, and serve in
his Room accordingly the said Town at their rkleeting in May last, aecepte<l and
Chose tho Petitioner in the room of the said Jonathan, and the Taxiss of said T(»wn
liave been committed to him to Collect, that there is a doubt whether tlio tJhoico
Avas Legal — Pi'aying a Conlirination of his Choice.

In the House of Rei)rcsentativcs; Read and Voted, That the Prayer of this Peti-
tion bo granted, and that the Clioici! and acceptaiiee of Abi(d Sadler at tlie Tt)wn
^Meeting of the Town of Upton in May last as Constable, in the room and stead of
Jonathan Wood who was t'hosen Constable by said Town in March last, ]h\ and
liereby is Continued, and all the; doings of said Constables since in his saiil OlJice is
tleelared good and Valid to all Intents and purposes whatsoever, or what he shall
hereafter do by Virtue of said Choice; Provided that the same be otherwise Agree-
able to Law.

In Council Read and Concurred Consented to by the Governor." — Ibid., p. G'2o.

" Feb. G, 17G2. A Petition of Joseph Robinson Representative of the Town of
Falmouth in the County of Barnstabh-, .Setting forlh. That the said Town consid-
ering the smallness of it, and the Poverty of its Inhabitants did not send a Repre-
sentative to Court in the Year 17G0, for which the then House of Representatives
fined the said Town, Ten pounds, whicli the}' esteem a great Hardship, And I'raj'-
in" Relief.

In the House of Representatives; Read and Ordered That the Prayer of the
Petition be granted; and that the sum of Ten pounds be granted out of the Public
Treasury to Cap' Joseph Robinson for the use of the said Town. In Council Read
and Concurred Consented to by the Goveri^or." — Ibid., vol. XXIV., p. 2->l.

"Feb. II, 17()2. A Petition of Timothy Ruggles Esfi"" of Hardwicke— Praying
That a fine of Twelve pounds laid oia the said Town the last Year for not simding a
Representative to Court, occasioned by diverse extraordinary expenees the Town
was at, in that Y''ear, may be remitted.

In the House of Representatives Read and Ordered That the Prayer of the Peti-
tion be granted; and the Treasurer is directed to pay the sum of Twelve pounds to
the Petitioner for the use of said Town accordingly — In Council Read and Con-
curred Consented to by the Govcvnor."— Ibid.; p. zui.

" March '.'<, 17G-. A Petition of John Severance and others A.ssessors of the Pro-
]irietors of Fall Town, Setting forth. That in consequence of their Appointment
they made several Assessments on the Projirietors aforesaid viz' one tax of four
shillings on each Right or Share, one other Tax of £:il.l.';.4 to be proportioned on
the whole, and one other tax of two ]ience one farthing ujion each Acre laid out in
said Fall Town; and nothing remained but the sale of the Delinquents Lands
when the Law by which they made their Assessments expired viz' at the end of
the Sessions in May last. That they had however pvoeecded to make Sale of the
Lands of the Delinquents in September last, And Praying that the said Act mav bo
revived and their Sale confirmed.

In the House of Representatives Voted That the Praj'er of the Petition be so far
granted as that the several Sales of Land made by the Assessors within mentioned
shall be confirmed to all intents and I'urposes, Pro\ided that the Proprietors and
Owners of the Lands so sold do not within three" Months from this time pay the
Jaxes and charges due respectively from them, and that the said Assessors give
notice thereof in all the several Public Prints. In Council Read and Concurred
Consented to by the Governor." — Ibid., p. 307.

"Sept. it, 17G_'. Upon the Petition of Daniel Witham and Others Selectmen of
Gloucester. The following Order passed the Court Viz'

In the House of Rei>resentatives; Whereas the Selectmen of the Town of Glouces-
ter liave represented to this House That William Somes was chosen one of their
Constables in the Year 17G(), and that there was committed to him agreeable to Law
a li."*"- of Province and Town Taxes to the amount of three hundred and forty nine
l)ou!ids eight shillings, i)art of which smii bcin.T about Eighty three iM>un(is was
collected by said Somes; upon which he faihil i.i his business, all his Instate was
Attached by his Creditors, and he committed to Goal being thus rendered inca|iabl(!
of compleating the Collection, he Constituted and inijiowcred Samuel Allen of said
Gloucester by his Power of Attorney to collect tli(! remainder, part of which \w said
Allen has collected ; but inasmuch as it is doubted by many of the Iidiabifants
whether they are obliged to pay said Allen, and it is also doubted by said Allen
whether he be obliged to accouut for the same.

Therefore Resolved That Samuel Allen be empowered and he is hereby fully
Autliorized and empowered to collect all such Sums in said Lists which lie received
from William Somes as are not collected, and that he be obliged to account for tho
same together with what he has already collected in the same manner as if he had

4-12 ^i:ovl^'CE Laws. — 1700-Gl. [Notes.]

been legally chosen and sworn for tliat purpose— In Council Read and Concurred
Consented to by the (iovernor.'' — 76/7., ;). 4!i0.

" Jan. 22, 17t);J. A I'etition of Tiinorliy Metcalf of the Town of Wrentham, Setting
forth, That since the Year IT.jl the Town of Wrentham lias been a-ssesscd to the
Province Tax for such of their Inhabitants as were by the lato runninc; of tlie Lino
betwixt this Governiuent and ilhoih'. Island annexed to the latter, every Year till
the taking of the last valuation 1701, which several Assessments amount in the
whole to £337. 15. o| and which thf>y wore restrained from collocting by order of
the General Court, notwithstandina; which the; Town lyes liable to the Province
Treasurers Executions, And Praying that they may be discharged of said sum.

In the House of Representatives; Head and Ordcjrcd That the Prayer of the P<;ti-
tion be so far granted as that the Treasurer be and he is hereby directed and ordered
to discharge the several Constables of the Town of Wrentham from tin; Year 17'»l
to 1700 inclusively, of the several sums committed to them by the Assessors of said
Town to collect from the Polls and Estates that were scperated froin them by tiie
running of the Line between this GovcrnuKMit and Rhode Island amounting in the
whole to Three hundred and thirty seven pounds hfteen shillings and three pence
three farthiiigs— In Council Read and Concurred Consented to by the Governor."
—Ibid., p. 513.

Chap. II. " Aug. 15, 17G0. In the Ilouse of Representatives Voted that there be

fratited and paid out of the Puiilick Treasury to his Excellency Francis Rernard
Isq'' Governor in Chief of this Province the sum of Three hundred pounds, to defrey
the Charge of transporting his Equipage hither. In Council Read and Concurred
Consented to by the Governor." — t'uuncU liccords, vol. XXIII., p. bOO.

Chap. 15. " Aug. 14r, 17(50. A Memorial of the Selectmen of the Town of Roxbury
Setting forth that the Great and General Court, in their Session of the 25"' day of
April AD 1759— were jileased to i)ass An Act allowing and imiiowering Mess"
Joseph Williams, Samuel Heath, Ebenezer Newell, Jeremiah Richards, and .loseph
jMayo Selectmen of said Roxbury to sett up a Lottery or Lotteries for the purpose
of raising Sixteen hundreil sixty six jiounds, thirteen shillings and four pence,
Money to bo imiiroved, in pa\ing the I'nbliek Highway from Roston line, to the
foot of Meeting House Hill, and said sura being found insufficient to accomplish the
said Work— Tli(!y tlun-cl'ore pray they may be further enabled, to raise by Lottery,
the sum of Seven hundred and Fiftv pounds more, in order to Accomplish said
Work &c""— C'"H»r// Hrrords, vol. XXIIL, p. 480.

" Jan. 22, 17(il. A iMcmorial of Joseph Alayo of Roxbury — Setting forth That he's
appointed and iinpowered by an Act of the General Court, one of the directors or
Managers of a Lott<'ry gran1;ed by said Cotirt to the Town of Roxbury, for paving
the High way in said Town, that in numbering his Book in the fifth Class in said
Lottery there was a Mistake, forasmuch as by Agreement of all the managers of
said Lottery he was to have the Third Rook of said Tickets in said Class, and each
Book Consist of One Thousand Numbers, so that the memorialists Bonk should
have been the third TlKHisand, yet thro nnstake he began to Number his Book with
the fourth Thousand, and proceeded as far as three Thousand live hundred before
he discoureil* it, that he had disi)Oscd of many of them — Praying an Onh'r may
jiass this Coiu't that all such person or persons, as may be possessecl of any Tickets
signed liy him of any number higher than three Thonsanil niaj' be returned to him
he iiaying the i>urcliase money.

In the House of Representatives; Read and Ordered that the Prayer of this I'eti-
tion be granted, an<l that all such Tickets in the lifth Class, of Roxbury Lottery,
Signed by .losejih Mayo the Petitioner (above; the Numbers of three Thousand) bo
and hereby arc derlared Null and Void, and tin; Covenants Contained in the I'aces
thereof; Saving only to tin; Possessors of all such Tickets, a right and liberty at
diserc'tion to return the same to tlu; said .Iose]>h Mayo, and receive their purchase
-Money again \iz' two Dollars for each of said Tickets so returned; any thing con-
tained in the Paces t>i said Tickets to the Contrary Notwithstanding.

In Council Read and Concurred Consented to by the Governor." — Ibid., p. G18.

Chap. 10. " Oct. '1, 17.50. The State in which Insolvent Debtors find themselves
after having surrendered their Persons and discoveretl iIkmt Effects to thi-ir Credits
ors upon the late Act for Rclcif of Debtors and their Creditors deserves your
Attention, and you may depend upon itiv Assi,stan<'e in any Remedy wliicli you
can api>ly for their Relief coiisislent with <'qu:d .Iustic(! to all their Creditors both
in England and here, and consistent wilh his ^Majesty's declared Will in thedisal-
lowanct! alrcadv \niii\i\" — Kj:t rucl from the (Jovcnior's spe<;ch to the Assembly : Coiiii-
cil lirrords, rut. XXfll., p. (il.

"Oct. 4, 1750. In the llou.se of Representatives Voted That M"" Prat, Mr Nylcs,
and M' Tyng with Such as the Innionrabh! Board shall join be a Committee to tako
that jiaragraph in his lOxecllcncy's Speech under consideration respecting Insolvent
Debtors; and report thereon.

In (Council. Rend and ConcMirred; and his Honour the Lieutenant Governor and
Saiiniel Danforlli lOsq'^ are joined in the AlTair

Tile Petitions of ICdnnmd (^)uincv, Henry (Jinney ami Edimmd Qnincy jnn'' and
of .[i>remiah Osborne and Sainuid Osliorm- all Lately declared BanUruiits— S(>tling
forth That pursuant to the .\cl of this Piovincc' iniitnled ' An .Vet providing Remedy
for Bankrupts and their ( 'rcditors '— They ha<l delivered up their Bodies and all
their Effects to Commissioners appointed for that purpose agreeable to said Act;

*Sic : (llNcovcrcil.

[XoTEs.] PiiOViNCE Laws.— 1700-Gl. 413

l)iit l)cforo tlioir Affairs were foninlcatoil, liis Majosty's Notification was rccoivful liy
his Excellency of liis having l)y Advice of liis I'rivy ("ouiicil (lisaiiiniled said Act,
which has jireventiid the relief desifjiH'd them: And J'rayin;^ the Coiisiderulion of
this Court thereon, that some llemedy may be granted them under their perplexeil
Circumstances.

In Council. Read and Ordered That these Petitions be committed to the Com-
mittee ai)i>ointeil to take under consideration that Paragraph in his Excellency's
SiK-ech res|)ectin2; Insolvent Debtors.
In the House of Representatives. Read and Concurred." — Ibid., p. C3.
"Nov. 1, llj'.t. Royall Tyler Esq came up from the House with a Message to
t.lie Roard, to desire that the Committee on that part of his Excellency's Siieet.h
resjiecting Insolvent Debtors may sit forthwith.

Thomas Hubbard Esq went down to the House with a Message from the Board
to acquaint them that the Chairman of the Committee on that I'art of his Excel-
lencj"'s Speech resiiecting Insolvent Debtors had informed the Board that M"" Prat
one of the Committee, who is now out of Town, has the Papers relating to that
AH\uT."—Ibld.,i). 11").

"Nov. (I, 1751). A Bill intituled An Act for finishing such Commissions as have
licen begun to be acted upon and have not been finished during the continuance in
force of the Act providing Remedy for Bankrupts and their Creditors — having been
read a first and second time in Council and Passed to be engrossed.
In the House of Representatives. Read a lii'st time." — Ibi'L, p. 118.
" Nov. 0, 1759. Peter Oliver Esq from the Board went down to the House with a
Message to inquire if the House had passed on the Bill sent down from the Board
relating to Bankrupts and their Creditors.

Thomas Flnker Esq from the House came up to the Board with a ISIessage to
acquaint them that the House had passed on the Bill relating to Bankrupts and
their Creditors and had referred the same to the next Session." — Ibid., p. 120.

" Nov. 8, 1759. A Petition of Jeremiah Osborne and Samuel Osborne Merchants
and Partners— Setting forth That a Commission of Bankruptcy was extended
against them agreeable to a Law of tlic I'rovince then in force providing Remedy
for Bankrupts and their Creditors. Tliat they have in conformity thereto surren-
dered themselves, and delivered up their whole Estate both Real and Personal even
to their necessary wearing Apparrell and Bedding to Assignees. Wliereupon the
Majority of their Creditors in number and value hy Certificate under their bands
and seals did consent that they shoidd be discharged, but before they could obtain
a Certificate from the Commissioner's, his Majesty's disallowance of said Act waa
received, and in cousequen(;e thereof all further proceedings were stayed. And
Praying Relief.

In Council. Read and Ordered That the consideration of this Petition be re-
ferred to the second Wednesday of the next Session of the General Court, and that
in the mean time the Petitioners and their Estates in the hands of the assignees be
exemiited from all Arrt'sts and Attachments for debts contracted before tliey were
declared Bankrupts, and all proceedings with regard to the Effects and Credits of
the Petitioners in the hands of the assignees be likewise staj-ed. In the House
of Rei)resentatives. Read and Concurred. Consented to bj- the Governor.

A Petition of Edmund Quincy, Edmund Quincy jun'' and Henry Quincy— Set-
ting forth their compliance with the Act of this Goverment relating to Bankrupts
ancl their Creditors, and tlu>ir being prevented receiving the benefit of said Act, as
|)articularly mentioned in the foregoing Petition of Jeremiah and Samuel Osborne,
and Praying Releif.

In Council. Read and Ordered That the consideration of this Petition be re-
ferred to the second Wednesday of the next Session of the General Court, and
that in the mean time the Petitioners and their Estates in the hands of the As-
signees be exempted from all Arrests and Attachments for debts contracted before
they were declared Bankrupts and all proceedings with regard to the Effects and
Credits of the Petitioners in the hands of the assignees be liki-wise staled.

In the House of Representatives. Read and Concurred Consented to by the
Governor.

A Petition of Stephen Whiting of Boston— Setting forth That he hath in all
respects complied with the late act of this Goverment ])roviding Remedy for Bank-
rui)t3 and their Creditors, but that he is prevented receiving the benefit of said Act
i)y.reason of his ^^ajesty's disallowance of the same, as particularly mentioned in
the foregoing Petition of Jeremiah & Sam' Osborne. And praying Releif.

In the House of Representatives. Read and Ordered That the further considera^
tion of this Petition be referred 'till the next Sitting of this Court. And all Pro-
ceedings with regard to the Effects of the Petitioner in the hands of the assignees
be staied.

In Council. Read and Concurred Concurred* to by the Governor: " — Ibid., p.
129.

" My Lords, The Disallowance of the Bankrupt Act of this Province pass'd Anno
\~')1, which His JIajesty was pleased to make in Council the 28'^ day of July 17.58
arrived here the 15"> of ^une 1759. Those Debtors who upon the Relief jiroposed in
this Act had delivered up their persons and efTects'to their Creditors and whose
effects were actually in the hands of Assignees But who were excluded the benefit
of said Act by the arrival of the Disallov.ance which putt an entire stop to all pro-
ceedings on said Act Those Debtors, My Lords, remain'd under cruel circutiisrances
and the Creditors remained without efpiitable remedy. I w;is applyed to both by
Creditors and Debtors for relief: By looking over the Collection of Massachu.scts

*8ic: consented.

J:44 PiiOViNCE Laws.— 17G0-G1. [Notes.]

Laws printed by order of your Lordships in England T find tliat upon the dcterniin-
1713-14, ch. 14. ing of a former Act of Bankriiiitcy in this Province thi-re was Enacted and allowed
1717-18, ch. 3. in the year 1717 an Act entitled an Act to enahle the; Coiniuissioners for Bankrupts
Estates to finish the business of their Commission, which had its effect. This
Precedent was sufficient for me to recommend the Case of the Debtors circum-
stanced as above. As I acquainted the Members of the House that I should pass
no Bill whose effect was not suspended till His Majesty's pleasure could be known
and as a Susi)ending Clause is a mattt-r which they will never come into, We agreed
upon the following Method That a Bill shmi'd be brought in & accepted l)Ut upon
reading be referr'd over from Sessions to Sessions till His JSIaj'^'* i>leasure might be
knfiwn And that in the mean while that there might lie no fraudulent secreting,
embezzling or uneiiual application of elTocts of the Debtors then in the liands of
the Assignees And that the Creditors thus stripp'd of all their effects might lie
enabled by labour or otherwise to supjiort themselves. An Order of Court shouM
pass upon the sj'-ecial I'etition of the Bankrupts staying all proceedings as to said
persons and their Elfects in the bands of the Assignees from time to time as said
Bill was ref(!rr'(l. I humlily beg leave to referr this matter to Your Lordship's con-
sideration that I may receive directions therein, as the channel into wliiidi I have
been so haiipy to condnctthis business has the full etTect of a susiietiding (Manse. "^
Gov. I'ovtinll I') Lords of Trade, Kor. 22, 1759: " Mass. Bay, B.T.," vol. 7(i, /. i., 81, in
Puhlic-Rucord Office.

" .fan. 4, 1700. A Petition of John Phillips junr of Boston— Setting fortli— That
on the {)"> of February 175S his Majestys Commission of Bankruptcy issued against
him, and that he surrendered himself, his books and effects according to Law, but
before he had obtained a Certificate from the Commissioners, his Majesty's dis-
allowance of said Act was received, whereby his body is now become liable to the
Arrests of his. Creditors and his Effects in the hands of the assignees to Attachments.
And Pra.ying for Belief.

In Council. Bead and Ordered That Benjamin Lynde, Samuel Danforth and
Stephen SewallEsqn'with Such as the honourable Jlouse shall join be a Committee
to take this Petition under consideration, and report th(>reon.

In the House of Representatives Read and Concurred and Mr. Pratt, Capt" How-
ard, M'' Humphreys and Capt" Newhall are joined in the Affair." — Council Records,
vol.XXni.,p. 14i(.

"Jan. 10, 17(iO. A P<!tition of Edmund Quinccy Edmund Quince.v jun'' and
Henr.v Quincy Persons declared Bankrupts— Pra.ying as entered «"' Novemlier last.

In Council Read again. And Ordered That the consideration of this Petition be
further referred to tlio second Wednesday of the next Session, and that in the mean
time the Petitioners and their Estates in the liands of the Assi.gnees be exempted
from all arrests and attachments for debts contracted before they w(!re declared
Bankrupts, and all proceedings with Regard to the Effects and Credits of the
Petitioners in the hands of the assignees bo likewise stayed.

In the House of Representatives. Read and Concurred Consented to by the
Governor.

A Petition of Jeremiah & Samuel Osl)orne, Persons declared Bankrupts Praying
as entered S November last

In Council. Read again; And Ordered That the Consideration of this Petition
he further referred to the second Wednesda.v of the next Session, and that in the
mean tiihe the * Assignees be exempted from all Arrests and Attachments for dtibts
contracted before they were declared Bankrupts, and all proceedings with regard
to the Effects and Credits of the Petitioners in the hands of the Assignees be like-
wise stayed.

In the House of Representatives. Read and Concurred Consented to by the
Governor.

A Petition of Stephen Whiting, a Person declared Bankrupt — Praying as entered
7"» November last.

In Council. Read again and Ordered That the further consideration of this Peti-
tion be referred to the second Wednesday of the next May Session; and all Pro-
ceedings with regard to the Effects of the PetitioiU!r in the hantls of the Assignees
are stayed in tin; mean tiinc!.

In the. Honsi! of Representatives, Read and Concurred. Consented to by the
Governor."— //;/'/., ;<. l.V.i.

" Jan. 11, 17()0. In Council Ordered That John Cushing Esq, be of the Commit-
tee on this Petition (viz' of John Pliillips) in the room of Steplien Sewall Esq wlic
is absent.

In the House of Representatives. Read and Concurred."— /6/V?., />. Ki.'?.

"Jan. 11, 17(i0. A Petition of .Tann's Havwoncl of Woburne. a PiTson declar<'d
Bankrupt— Setting forth Tliat He hatli delivered all his Estate. ElTeels and Credits
with his Books and .\ccfiiints to Commissioners a|ipoiiited agreeaMe to the. Act
providing Uemedy for llaiiknipls and their Creilitors, but that lieforo he could
obtain a Certificate from tlie Majority of his Creditors, his Majesty's disallowance
of said Act was rec(!ived, whereby ho is reduced to the greatest tlifhiidties. Aiitl
Praying Relief.

In Council. Read and Ordered That this Petition be committed to the Committee
upon the Petition of AP .lolm Phillips, said Coraniittee to rejiort what they judge
proper for this Cotirl to do iliereon.

In the House of Rejireseiitatives. Read and Concurr<'d."— /^/i/.. p. 1(>4.

"Jan. I'.t, lT(;o. .\ Petiiion of Knos How of Boston Si>tting forih— That a Com-
mission of Bankruptcy having be(>n issued against him, he surrendered himself

• Sic; — " iK'titiuiKTH ami tliiii- ciri'cts ui llio liiuulu of the " oiuiUud.

[Notes.] Province Laws. — 17G0-61. 445

and delivered all his Estate, Effects and Credits with his Books and Accounts to
Comuiissionors hy Law aiipointcd, and was endoavouring to obtain a Certificate
from the Majority of his Creditors to lay before tho said Coniinissiouors when his
Majesty's disnllowunco of the Act of this Government for the Relief of Bankrupts
an(l their Creditors was received, which has reduced him to the greatest ditHculties.
And Prayinp; Kolief.

In the House of Ilcpresentatives Read and Ordered That the consideration of
this Petition he referred to tho second Wednesday of the next May Session; and
that in the mean time the Pctitit)n(^r and his Estate in the hands of the Assignees
he exempted from all Arrests and Attachments for debts contracted before lie was
declared Bankrupt; and all Proceedings with regard to the Effects and Credits of
the Petitioner in the hands of the Assignees l)e likewise stayed.

In Council. Read and Concmrred. Consentcnl to by tho (Jovernor."— /6((^, p. 188.

"Jan. 'Jl, 1700. The Committee appointed tho 11 Instant on the Petition of
James Haywood having reported vcrl)ally in favour of the Petition— In Council
Onlered that the Consideration thereof be referred to the second Wednesday of
the next Session. And that in the mean time the Petitioner and his Effects in the
hands of the Commissioners or of the Assignees be exempted from all Arrests and
Attachments for debts contracted before he was declared Bankrupt, and all pro-
ceedings with regard to the Effects & Credits of the Petitioner in the hands of the
Comiuissioners or of the assignees bo likewise stayed.

In the House of Representatives Read and Concurred Consented to by the Gov-
ernor."— Ibid., p. liil.

" .Ian. "22, 17G0. The Committee appointed the 11 Instant on the Petition of John
Phillips having reported verbally in favour of the Petition:

In Council Ordered That the Consideration thereof be referred to the second
Wednestlay of the next Session. And tliat in the mean time the Petitioner an<l
liis ElYects in the Hands of the Assignees be exempted from all Arrests and Attach-
ments for Debts contracted before he was declared Bankrupt, and all Proceedings
with regard to the Effects and Credits of the Petitioner in the hands of the Assign-
ees be likewise stayed

In the House of Representatives. Read and Concurred." — Ibid., p. 192.

" Jan. 2o, 17G0. A Petition of Thomas Walker of Boston, a Person declared
Bankrupt, Setting forth That he hath surrendered himself to Commissioners by
Law ap|iointed and made a full discovery upon Oath, to them, of the whole of his
Estate Effects and Credits, and in all things as far as in liim lay conformed himself
to the directiotis of the Law, But before he could obtain a Certificate from the
Commissioners his ^Majesty's disallowance of the Act was received whereby lie was
brought into great difficulties. And Praying Relief . Wliich Petition having been
committed to tho Committee upon the Petition of John Phillips, who reported in
favour of said Petition.

In Council Ordered That the Consideration of this Petition be referred to the
secouil Weilnesilay of the next Session, and that in the mean time the Petitioner
and his Estate in the hands of the Assignees be exempted from all Arrests and
Attachments for debts contracted before he was declared a Bankrupt. And all
proceedings with regard to the Effects and Credits of the Petitioner in the hands of
the assignees be likewise stayed.

In the House of Representatives Read and Concurred Consented to by the Gov-
ernor."—/6/tL, p. 200.

•' March 22, 17G0. A Petition of Archibald Laws— Setting forth That on the ll'h
June 17.W he became Bankrupt within the Cleaning of the Act of this Province Pro-
viding remedy for Bankrujits and their Creditors, that a Commission was issued
against him and Commissioners appointed, and likewise an Assignee, to whom he
lias delivered up all his Effects, and had Obtained the Consent of the major part of
liis Creditors in number and Value as said Act direc^tcd but that before his Affairs
Were Compleated, his Majestys Disallowance of said Act was received whereby he
is Subject to Arrests, although he hath thus stripped himself of his Effects, And
Praying Relief.

In Council Read and Ordered That John dishing and Stephen Sewall Esq" with
such as the honourable House shall appoint be a Committee to take the Petition
under consideration and report.

In the House of Representatives Read and Concurred and Col° Partridge Cap'
Bacon, and Major Ilartwell are joined in the Affair." — Ibid., p. 286.

"^larch 2(>, 17G0. A Petition of Archibald Laws, a person declared Bankrupt
Praying as entered the 22<i Instant, and then committed to a Committee of both
Houses, who having reported in favour of the Petition.

In Council Read and ^Vccepted. And Ordered That the consideration of this Ptiti-
tion be referred to the sccoml Wednesday of the next May Session: and that in the
luean time the Petitioner and his Estat(! in the hands of the Assignees be exempted
from all Arrests and Attachinents for debts ("ontracted before In; wa.s declared
Bankrupt, and all Proceedings with regard to the Eff<'cts and Credits of the Peti-
tioner in the hands of the Assignees be likewise stayed.

In the House of Representatives Read and Concurred Consented to by the Gov-
ernor.

In Council Wherca.s there were Sundry Petitions from Persons against whom
Commissions of Bankriii>tcy liad been issued, the consideration of the several Peti-
tions aforesaid be further referred to f lie second Wednesday of the next May Ses-
sion And that in the mean time; the Petitioners and their Estates in the hands of
thc^ .\ssignecs be exempted from all Arrests and Attaelinients for debts contracted
before tliey were declareil P.ankrupts and all Proceedings with r<-gard tr) the Effects
and Credits of the Petitioners in the hands of the Assignees be likewise stayed.

446 Peovixce Laws.— 1760-61. [Notes.]

In tho House of Representatives Read and Concurred Consented to by the Gor-
ernor." — Ibid., p. ■■>()().

" April I'U, 1700. A Petition of Thomas Cooper of Boston — Setting forth That he
hath been declared a Banlcrupt within the meaning of an Act of this Province pro-
viding remedy for Bankrupts and their Creditors, that a Commission of Bankruptcy
hath accordingly issued against him, to which he hath in all things conformed, but
before he could obtain a Certihcato from his Creditors his Majesty's disallowance
of said Act was received and having delivered up his Effects he is now exposed to
peculiar difficulties. And Praying Relief.

A Petitiqn of Joseph Grant of the like Import.

In the House of Representatives Voted That these Petitions be referred to the
second Wednesday of the next May .Session for consideration; and tliat in the
mean time the Petitioners and their Effects in the hands of the Assignees be ex-
empted from all Arrests and Attachments for debts Contracted Ijcfore they were
declared Bankrupts, & all tho Proceedings with regartl to tlie Effects and Credits
of the Petitioners in the hands of the Assignees be likewise stayed.

In Council Read and Concurred Consented to by tho Governor." — Ibid., p. 350.

" April 24, 17G0. In the House of Rejiresentativos. Whereas during the time
that An Act intituled An Act providing remedy for Bankrupts and their Creditors
was in force, sundry Persons were in Pursuance thereof declared Bankrupts, and
surrendered themselves antl Effects for tho use of their Creditors according to tho
Intent of said Act, but l)y reason of the notice of the disallowance of said Act the
Commissioners antl Assignees could not jtrocccd to make distribution and finish
their trust according to the original Intention thereof, and many doubts have arisen
touching such Effects of such Bankrupts and many suits have been or may he
brought against such Commissioners Assignees or former debtors of such Bank-
rupts, to recover out of their hands the money goods or Effects so given up or
assigned, which if permitted to go on may occasion great injustice and expence.

Voteil That all the executive Courts thro this Province bo and hereby are Ordered
to continue all such Actions brought as aforesaid, as an; now deiieudiug, and to
stay all proceedings on new Entries of any such Actions until after the second
Wednesclay of the Sessions of the General Court in May next.

In Council Read and Concurred Consented to by the Governor." — Ibid., ."Gl.

" June 4, 1700 In Council, Whereas, during the time that an Act entitled An
Act providing Remedy for Bankrupts and their Creditors was in force. Sundry
Persons were in Pursuance thereof di^clared Bankrupts, and surrendrcd them-
selves and their Effects for the use of their Creditors, according to the Intent of
said Act, but by reason of tho Notice of the Disallowance of said Act, the Commis-
sioners and Assignees could not proceed to make Distribuiiou aud finish their
Trust according to tho Original Intention thereof, and many doulits have arisen
touching such Effects of such Bankrupts, and many suits liavc been or may be
l)rought against such Commissioners Assignees or former D(^l)tors of such Bank-
rupts to recover out of their hands the Money, Goods or I^ffccts so given up, or
Assigned, which if permitteil to go on may Occasion groat Injustice and Expence,
Voted that all the Executive Courts through this Province be and hereby arc
ord(!n;d to continue all such Actions brought as aforesaid, as are now depending
and to stay all ProcMiodings on new Entries of any such Actions untill after the
second Wednesday of the next sitting of this Court.

In the House of Representatives, Read anil Concurred Consented to by tho Lieu-
tenant GovcriKU'." — Ibid., p. 404.

" Aug. 1.5, 17(iO. In tho House of Representatives— Whereas during the time
that An Act providing Renie<ly for Bankrupts and their Creditors was in in force,
sundry Persons were in pursuance thereof declared Bankrupts anil surrendered
tliciiisclvcs and their Effects for the use of their Creditors, according to the Intent
of saiil Act, but by reason of the Disallowance of tho said A(^t. tho Comniissioners
and .\ssignecs could not proceed to make Distribution, aud finish their Trust,
aecordiug to the Original Intention thereof, and many doubts hav<! Arisen, touch-
ing such lOffecIs of such Bankrupts, and many Suits have been, or may be brought
against such Commissioners, Assignees or former l')clttors of such Bankrupts, to
recover out of their hands, tlie Money Goods or Elfccts so given up, or Assigned;
which if pi-rmilled to go on, may occrasion great Injustice, and Expence

Voted, that all the Executive Courts tlirough this Province, be ami hereby are
ordcn^d to contiiuio all such Actions brought as aforesaid as are now depending,
and to stay all proceedings on New Entries of any such .-Vctions untill after such
Aciions* Wednesday of the next Sitting of this Court. In Council Read and Con-
(•\irred."— /')/</.,/). .'">(>."). " .

" Wf liavo received your Letters to us dat(>d tho 2J"'' and ■J.'>''J of November bust,
and having referred the Dr.auglit of the Bill for enabling Bankrupts to finish their
Aecoiints iS:<'. to our C:iunsel at Law, for liis o])inion upon it, We shall, lus soon as
h(! has made his Report t.ako it into our consideration and lay it before His Majesty
for his directions upon it.

The dutiful r<'!:ar<l yon have shown to ITis Maji'Sty's Instructions, in the manner
In which this Affair has b(>en cdUilucted, (Muiiot f.iil of meeting His Maji'sty's
upprobaticm, and the Order nnide by thcGcniu-al Court for the slay of procccdhigs
in I ho several Coses of Bankrupts brought before that Court by Potiiion, upjtears
to us to havo been just and proper.

• ♦ • • • •

This Observation h>ads us to fake notice of wh.at vou say In your letter of tho
22"'' of Nov concerning tho unwillingness of tho llouse of Uepresentatives to

* Hie: " llio Bccoml " liilnulcd for " Bucli ucUuiid."

[Notes.] Province Laws.— 1760-61. 447

admit of suspending Clauses being inserted in their Acts, which apjiears to us to
proceed from a totalmisapprclionsion of His Majesty's Instructions, wliich are not
directory to tliu House of liopri'seiitativi'S in the inaniiL-r of tlio franiiii;^ tlioir Bills,
but to \(ui only as to tlie niaiuu-r in whicli you are to apply tliat Assent or Nega-
tive, wliicli by tlio frame and princiiilcs of the Constitution, is vested in you; and
tlicicfore these Instructions are so far from bcinij an InfriuKemcnt of the rights of
the House of Heprt;seiitalivcs in framing their IJills, that it is a gracious conde-
scension on the part of His Majesty by which Your Negative is suspended, and you
are permitted to assent to such Acts as you nuist otherwise, according to your
Instructions, or agreeable to your own judgment and discretion, have rejected, in
order that they may be rt!served for His >Iajcsty's personal consideuition.

The Instruciions therefore are in favour f>f the people, as the Bills, to which tlioae
Instructions refer, i)assed by their Kepresentativcs, could not otherwise liave their
existence as Acts, and consequently could not have been laid before His Majesty in
so short and so easy a manner.

This then^fore ajipearing to us to bo the true sense and meaning of His Majesty's
Instructions, We have thought proper thus fully to write our sentiments to you
upon it; ami at the sam.> time to transmit to you the inclosed Resolutions of the
House of Commons ujion consideration of certain votes of the Assembly of .Jamaica
in 17.").'!, the third of which Resolutions has reference to the case of the suspending
Clauses; hoinng they will serve; to clear up all doubts uiion this matter and con-
vince the House of Representatives of ^Massachusetts Baj' of their inisa;iprehension
of it; But if, notwithstanding this reasoning and great authority, they shall afill
persist to inisaiiprehend an^l misrepre.-sent it, It will bo for Ilis Majesty's consitfer-
atiou, what method it nuty be proper to take to prevent His IMajesty's subjects
from being any longer imposed upon by such Misrepresentations. "—Lorrf.s of trade
to Gov. Pownall, Feb. 6, 1700 : " Mass. Baij, D.T.," vol. &"), 75.52, in Public- Record Office.
" Lunat, 23" die Mail; Anno 30' Gcoi-f/ii IL'i Rcf/is, 17o7.

Resolved, Tliat it is tlie Opinion of this Committee, That the Six last Resolutions
of th(! Assembly of Jamaica of the "iitth Day of October 1751!, proceed upon a mani-
fest Misapprehension of his Majesty's Instruction to his Governor, requiring him
not to give his Assent to any Bill of an unusual or extraordinary Nature and
Importance, wherein his Majesty's Prerogative, or Property of his Subjects, may be
prejudiced, or the Trade or Shipjiing of this Kingdom any-ways affecied, unless
there be a Clause inserted, sus]iending the Execution of such Bill, until his Majes-
ty's Pleasure shall be known; and that such Instruction is just and necessary,
and no Alteration of the Constitution of that Island, nor any-ways derogatory to
the Rights of his Subjects there."— Jo((r/i«/s of tlie House of Commons, vol. XXVII.,
p. !>10.

"In pursuance of Your Lordships Commands signified to me by M"" Pownall's
letter wherein you are pleased to desire my opinion in point of Law upon the
Draught of a Bill prepared by the Legislature of the Province of the Massachusets
Bay iutitled An Act for linishing such Commissions as have been begun to be
acted upon and have not been finished during the continuance in force of the Act
providing Remedy for Bankrupts and their Creditors. I have considered the
Draught of the said Act and find that an Act concerning Bankrupts and for the
relief of their Creditors which was passed in this Province expired in the Year
171() and that in tlie following year 1717 an Act was passed to enaltle the Commis-
sioners for Bankrupts Estates to finish the business of their Commissions. The
Act now proposed to be passed is of the like nature of the last mentioned Act of
1717 and seems to be as necessary for the iiurposes mentioned in the said Act and I
have no objection thereto in point of law." — Report of /Sir Mat. Lamb, Feb. 20,
17()0 : " Mass. lJa>/, B. T.," vol. 7(5, /./., 85, in Public-Record Office.
" Friday .March 7'h 17G0.

At a Meeting of His Majesty's Commissrs for Trade and Plantations.

Present

Earl of Halifax

M"" Jeuyns. M' Hamilton

M"" Sloper. M"" Bacon.

******

Read Sir Matthew Lamb's Report upon the Draught of a Bill prepared by the
House of Representatives of the Province of the !^^assachuset3 Bay, f>r relief of
liitn/rriijits who hare not fnished thrir accounts; and after some time spent in the
consideration of the said Bill and Report, it was ordercnl, that the Draught of a
.Rejiresentation to His Majesty thereuiKui should bo prepared, proposing that the
Governor of that Province may have Orders to |>as3 the said Bill into an Act.

Dunk Halifax."—" Trade Papers,"
vol. G2, p. 71, in Public-Record Office.

" Tuesday March ll"" ITfiO.
At a Meeting of His Majesty's Commissrs for Trade and Plantations

Present
Earl of Halifax
Mf Pelham. M' .Tenyns.

Mf Sloper. M"" Bacon.

The Draught of a Representation to His Majesty upon the Draught of a Bill
prepared by the House of Representatives of Massachusets Bay /or rdi(f of Baiik-
riipi.t irho Intra not Jinishcd their Acroiuifs &<■. having been jirepared pursuant to
Order, was agreed to, and ordered to be transcribed." — Ibid.
"To th<! King's most ExcelhMit Majesty
May it please Your Majesty.
We haTO had under our consideration the Draught of a Bill prepared by the

448 Province Laws. — 17G0-61. [Notes.]

Council and Assembly of the Province of the Massachusets Bay in Nov last entl
tiili'il, An Act for finishing such ComTnissions as have been begun to be acted upon
& have not been finished, during the continuance in force of an Act providing
Remedy fur Bankrupts & their Creditors.

In Order to explain the nature and ol)ject of this Bill, and the intention of the
Legislature in framing it, Thomas Pownall Escjuire your Majesty's Governor of the
saiil Province has represented to us, that Your Majesty's Kuyal Disallowance of
the Act providing Remedy for Bankrujits, having, upon its arrival in June last,
put an entire stop to all further proceedings under that Act, those Debtors, wlio
had delivered up their ])ersons and effects into the hands of Assignees, remain'd
under cruel circumstances and their Creditors without equitable remedy: That
many Debtors and Creditors having applied to him for relief and the Council and
Assembly being averse to the passing of any Act with a Clause of Susjiension, he
had proposed and they agreed to this incthod of prcjiaring the Draught of a Bill to
be laid before Your Majesty for your Royal approbation.

AVe have referr'd this Bill to the consideration of Sir Mathow Lamb, one of
Your Majesty's Counsel at Law, who has reported to us that ' he finds tliat an Act
'concerning Bankrupts ami for the relief of their Creditors, formerly pass'd in this
' Province expired in the year ITlti; and that in the following year 1717 an Act was
' passed to enable the Commissioners for Bankrupts Estates to finish the business
'of their Commissions. That the Act now jiroposed to be passed is of the like
'nature of the last mentioned Act of 1717 and seems to be as necessary for the
■ ' purposes mention'd in the said Act ; and that he has no objection thereto in point
' of Law,' •

As therefore the object of this Bill appears to us to be equitable and necessary i
and as the method which the Legislature has adopted for the attainment of the end
proposed, is regular and conformable to your Majesty's Instructions, We beg leave
humbly to lay the said Bill before Your Majesty, together with the annexed Copj-
of Governor Pownall's Letter to us concerning it. to the end that he may receive
Your Majesty's Directions to give his Assent to the passing of the said Bill into a
Law." — Report of Lords of Trade, Mar. 12, 17(iO : " Mass. Bay," vol. 85, p. (il, in Pub-
lic-Record Office.

" Thursday June 12^1700.

At a Meeting of His Majesty's Commissrs for Trade & Plantations.

Present

Earl of Ualifax

M"" Jenyns. M"" Hamilton.

Mf Bacon.

The Secretary laid before the Board an Order of His Majesty in Council of the
20th of May last, approvJTig the Draught of a Bill prejiarcd by the Legislature of the
Massachusets Bay, entituled ' An Act for linishing such Commissions as have been
' begun to be acted upon and have not been finished, during the continuance in force
' of an Act providing Ri-medy for Bankrupts and their Creditors,' and directing the
Governor to jiass the same into a Law.

Ordered lliat the Secretary do transmit the said Order, together with a Co]\v of
the Board's Kcprcsentation to His Majesty upon the said Bill, to the Governor of
the Massachusets Bay.

m * * * * *

Dunk Halifax."—" Trade Papers,"
vol. 02, p. 157, in Public-Record Office.

"Sir, T am directed by the Lords Commiss™ for Trade and Plantations to semi
you the iiirloscd Order of his iMajesty in Council on the 20"' of May last, approving
the Draught of a Bill iircpared by the General Court of Massachusets Bay cntitl(>d
An Act lor finishing sucii Commissions- as have been begun to be a<'ted upon and
have not lu^en finished &c" and directing you to ]iass tin; same into a Law.

I am also directed to send you the inclosed Copy of their Lordshijis Report to
His Majesty upon this Bill, to the end you nuiy be apjirizcd of the Grounds and
Reasons upon which the abovemention'ed Order was founded." — .Sec. Poiciiall to
Gor. Bernard, June l.i, 17(10 : "Mass. Bai/, B. T.," vol. HTt, p. (J5, in Public-Record
Office.

Chop. 17. ".Tan.2G, 1701. In the House of Representatives; The House taking
Into consideration his Excellency's Message of the i;i"> Instant passed the following
Votes viz'

Voted, That a Bill be brought in for providing a Truck Trade with the Indians
at Fort J'owiiall, and at l''ort 1 lalifax as soon as may b<'. » * • • »

In Council Read and Concurred and Ordered That TlnMiias Hubbard Es(]'' with
such as the lionourahle House shall join be a Committee to bring in a Bill jirovid-
ing for a Truck Triidc! with the Indians.

In the House of Ucpresentativcs; Read and Concurred and Col" Phillips and Col"
Clapii are ioineil in the Affair. Consented to by the Governor."— C'oMac«7 Records,

vol. xxni.,p.(;.;i.

" Jan. ">1, 17(11. In the House of Representatives; Ordered that Col" Prebble and
Cajitain Mtbgow be djn-cicd to carry on the Truck Trade at the Ports where they
are stationed; till the further onler Of this Court, not i-xcccding imc Year, and
that the Law relating to that Affair b(> .sent them for their direction therein.

In Council Kctad and t^oncurred Consented to by the Governor."— /6<(/.,ji. OW.

C/top. IS. Sec noti-s to 17(i;>"04, chapter V.\ and 17G7-(>8, chapter 12.

[Notes.] Province Laws — 1700-Gl. • 4-4^

Chap. 20. " Dec. 18, 1760. In Couucil, Ordcreil, that the Hon''!'' Thomas TTutch-
iiison Esqr Samuel Danforth, Samuel Watts, William Hrattle, and Tliomas Hubbard
Esci" with such as the honourable House shall apiiuint be a Committee, to revise
the Laws, relatiufj; to the Sabbath.

In the House of Ilepresentat.ives: Read and Coneurretl, and M"" Speaker, Col"
Clapp, Col" Buekminster, Col" Williams M^ Tyler, M^ Flueker, M^ Foster, Col"
Lawrence, Major Alorey Cap' Howard and Captain llichardson are joined in the
Affair." — Council IticonU, ml. XXIII., ji. 51'J.

" Jan. '28, iTtil. In the House of Kei)resentatives; Ordered that the Secretary he
directed to cause the; LJill for makin;;; more elTectual Provision for the due observa-
tion of the Lords day to be printed as soon as inay be, and S(>nt into the several
Towns and Districts fliro tlm Province, and lodged with their Clerks or Selectmen.

In Council Read and Coniuirred Consented to by the Governor." — Ibid., p. Ml.

" Onlered that the, Drau.ght of a Letter to the Governor of the Massachusetts Bay
be inx'pared upon the three following; points: —

First to siLjnify to him that, as the Act ' for the better Observance of the Lord's
Day,' does repeal three former Acts conlirmed by the Crown, he ought not, in obedi-
ence to his Instructions, to have assented to it, without liaviiig first transmitted a
Draught of it. or without having a I'lausc of suspension inserted in it." — Frum
viintilfs of the Board of Trade, Feb. 2, 1762 : " Trade Papers," vol. M, p. '11, in Pttblie-
h'ecord Offi.ee.

" It is necessary however we should observe to you, that as the Act for the better
obsi-rvation of the Lords Day does repeal other Acts passed for the same purpose
in l(>il"_', ITK) and 17"27, all of which appear'd to have been eonfirm'd by the Crown,
it was your duty in obedience to His Majesty's Instructions, not to have assented
to an Act for rescinding the former Laws, without having first transmitted a
Draught of it, for His Majesty's approbation, or without a ('lause being inserted
therein, suspending its execution, until His Majesty's pleasure could have been
known.

We are not without approbation,* that the very few instances there are, in the
administration of your Predecessors, of a due observance of that Instruction, to
which this case refers, may have produced the like inattention in you; But as it
appears to us that this Instruction is founded upon just constitutional principles of
Government it ought never to be departed from, but in cases of real exigency, not
admitting of the loss of so much fime as would necessarily intervene between the
passing of the Act and the notiticatioii of the Crown's assent to it.

This Act however does not come within that description and therefore you ought
not to have assented to it, under the circumstances we have stated before the
Crown's iissent could have been known." — Lords of Trade to Goo. Bernard, Feb. 4,
17(i2.- "iJ/((s.s'. Ba;/, B. T., rol. SIJ, p. VM, in Public-Record Office.

" I have just received Your Lordships letter dated Feb^y 4* and in regard to
Your Lordships Observations on the Act for the better observation of the Lords
Day. would lose no time in informing Your Lordships of what occurred to me in
])assing that Act.

I did not consider it to be a repealing Act, but rather a consolidating one: tho'
when many Acts are reduced into one, it is expedient to repeal the others, yet if
the substance of them is preserved in the New Act, the old ones are not virtually
tho' formally repealed. If I had thought it to be within the spirit of the instruc-
tion and therefore to have required a suspending Clause, I must have negatived
the Act, for such is th«^ jiresent prejudice against suspending Clauses, that they
would give up an useful Act, which I take this to be, rather than agree to a sus-
Iiendiug Clause and perhaps this may have been the reason why my predecessors
have not strictly observed that instruction.

But tho' I think this an useful Act as it appears to me to be a quieting one, I am
not so well satisfied with the Act additional to it which passed the next Session.
And yet I could not negative it, because I could not avow the reasons of my dis-
apjirobatiou of it, which were founded on a suspicion that the Powers thereby
granted to the Wardens was too great to be committed to ofticious and injudicious
jieople. into whose hands it must somctim(!S fall, especially as an extraordinary
show of zeal would often direct th(! choice." — G<ir. Bernard to Lords of Trade, Mm/
17, 17(il2 : " Mass. Bay, B. T.," vol. 78, L. I., 37, in Public-Record Office.

Chap. 22. " Nov. 19, 1701. In the House of Representatives; On a Motion made
and seconded. Ordered That if any of the Tickets in a Lottery for tlie repairing the
Causeway on the Westerly siile of Sudbury River and for Building a Bridge over
said River should remain unsold at the time that may h<> set by the Managers
<:f said Lottery for tlrawing the .same, Samuel Parris the Treasurer of the Town of
Sndl>ury shalftake such I'iekets, the Profits of which shall he applied towards
repairing the Causeway and the building the Bridge aforesaid and from time to
Uuu\ keeping the same in rejiair; and if there be any loss it shall be made good out
of the clear Profits arising by .said Lottery and the Tickets so remaining shall by
the Managers be <lelivered into the hand.s of said Treasurer some time before they
liegin to draw. Provided always that the number of Tickets so left shall not exceed
in value more than one half of the neat ]>roceeds of said Lottery. In Council
Read and (Concurred Consented to by the Governor." — Council Records, vol.
XXI v., p. ll.i.

'■ .Jan. Irt, 17(>2. In the House of Representatives. On a motion made and sec-
onded, Ordered That if any of tlu; Tickets in a Lottery for the repairing the Cause-
way on the Westerly side of Sudbury River and for building a Bridge over said

• Approbenslon?

^50 Province Laws. — 1760-61. [Notes.]

River shall remain unsold at the time that may he set hy the Managers of said
Lottery for drawing the same: Samuel Paris the Treasurer of the Town of Sud-
bury shall take such Tickets; the Profits of which shall be api>lied towards repair-
ing" the Causeway, and building the Bridge aforesaid, and from time to time
keeping the same in repair; and if there be any Loss, it shall be made good out of
the clear jn-ofits arising by said Lottery, and the Tickets so remaining shall by the
Managers be delivered into the hands of said Treasurer some time before the begin
to draw. Provided always That the neat proceeds or Profits of said Lottery shall
not hereby be lessened more than Hve per cent of the whole; th(! Vote of this Court
of l'.l"> N«ivembcr last or any thing therein contained to the contrary Notwithstand-
ing—In Council Read and Concurred Consented toby the Governor."— /6i(?., p. 180.

Chap. 25. "This Act extends the power of the Superior Court at Falmouth to
Cases not provided for or intended by the said Recited Act and whether it be
necessary to give such Powers to the said Court without some reasons given for it,
I must submit to Your Lordshii)s judgment." — Sir M. Lamb's report, May '22, 17(>2:
"Mass. Baij, B. T.," col. 78, L. I., ol, in Fublic-Record Office.

Chap. 29. See notes to chapter 20, ante.

Chap. .">2. "April (>, 1701. A Petition of Jacob "Wendell Esq' Setting forth—
That by the late laying out the Streets in that part of the Town of Boston which
was laid Waste liy Fire, there is not suflicient Room allowed for the working the
Pumps which belong to his Still House. And praying that there may be the
necessary alteration made for that jiurpose.

In Council Read and Ordered That John Erving and James Bowdoin Esq" with
such as the honourable House shall join be a Committee to view the Premisses and
Report.

In the House of Representatives; Read and Concurred and Col" Ward, Col'^
Phillips and M' Flucker are joined in the Affair.." — Council Records, vol. XXIII.,
p. ()'.I7.

"April 10,1701. The Committee appointed the G"> Instant on the Petition of
Jacob Wend(!ll Esq"" Praying for an alteration in one of the Streets in the Town
of Boston as laid out since the Fire— reported iti favour of said Petition; which
Report was In Council Read and accepted; and 'Ordered that the Petitioner have
leave to bring in a Bill accordingly.

In the House of Representatives; Read and Accepted." — Ibid., p. 739.

Chap. .33. " Jan. 15, 1701. A Petition of William Williams Esq"" Agent for sun-
dry Towns in the County of Hampshire,— Praying the said County may be divided
into two si'perate and distinct Counties by the l)Ounds therein described.

In the House of Representatives; Read and Ordered, That the Petitioner notify
the several Towns in the County of Hampshire with Copies of this Petition, by
inserting tli(! substance, thereof in the Boston News PajKjrs three Weeks succes-
sively, that they shew Cause, if any they have, on the second Tuesday of the ne.\t
Sitting of this Court, why the Prayer tlier(H>f sliould not be granted

In Council Read and ConcnTrcd."—Coin)r/l Record.^, vol. XXIII.. p. 001.

"April 8, 1701. A Petition of William Williams Esq"" Praying for a division of
the County of Hainpshirc, and for erecting a New County out of the same as en-
tered 1.": .tanuary last.

In Council Head again, and Ordered that Samuel Danforth and William Brattle
Es(|" with such as tin; honourable House shall join be a Committee to take this
Pctiiion under Consideration, hear any of the Parties that may be attending and
make Rejiort.

In the House of Representatives; Read and Concurred and Col" Choate, Col"
Murrey and Mi" Belcher are join'd in the Affair."— //>/'/., /». 70;;.

" Aiu-il '.», 1701. On the Petition of William Williams Esq"" for the division of the
County of llanipshire— In Council Ordered That Benjamin Lyndo he added to the
Committet!

In the House of Representatives; Read and Concurred and Ordered that M'
Witt Im ad. led to the Committee,

In Council Kead ancl Concurred." — Ibid., p. 708.

".April II, 1701. Till! Committees appointed to consider the Petition of William
Williams Esquire in behalf of sundry Towns in the County of Hampshire. i>raving
for a division of said County — Keported That the Prayer of the Petition lie so far
granted as that the Petitioner hav(! liberty lo bring in a Bill for dividing the said
County of Ilamiishiro according to a divisional Lino mentioned in said Report.

(Signed) B. LvNDi; l( ' order

In Council Read and Accepted

In the House of Rcpreseiital i\(s; Read and Concnrre<l."— /ftid., p. 720.

" Feb. 8, 1702. In the House of Ibprescntat ives, It apjiearing to this Court that
by ilie Law erecting iIh' Comity f)f Berkshire no Provision is made for appointing a
County Trea.surer for said Counly.

Therefore Voted That Mark Hopkins of Oreat Barringfon be, and he is hereby
appointed Treasurer of the said County of Perkshire with full Power to do anil
transact all things ihat a Counly Treasm-er by Law may do, and that before ho
enter upon his Ollici' he lie sworn befons tins Conrt of (Jeneral Sessions in said
County, or two .Justices of the Peace (Juorum Uuus to the faithful dischargis of his
OHiee and to continue in said Otlice uiuil the Towns in saiil County i>roeeed to
choose a County Treasurer agrei-able. to Law — In Council l!ead and Concurred
Consouted to by the (iovernor."— /6/(/., ml. XXIV., p. 240.

[Notes.] Province Laws.— 17G0-G1. 451

" This Act has a Chiuse Ki^'i'iJ? H"' l''^'' povvcr as the first mentioned Act which I
liave taken notice of there, l>y inipowfriiij? tlio Superior Court of the County of
Hampshire to have jurisdiction ami trial of all Actions &e. arising within the
County of Berkshire, in the same manner as if tliey had arisen in the County of
Hampshire"— N//- .V. Lamb's rci'orl, Mai/ 2_', 17()2 : " lUuss. Buy, B. T.," vol. 78, L. L,
ol, ill Piiblic-Iiirord Office.

Chap. 34. " April 7, 17G1. In the House of Representatives Order'd that Major
Ashley and Col" Partridge with such as the honourable Board shall join, he a Com-
mittee to bring in a Bill to incor|)orate the Plantation called Pontoosuck into a
Town, with Town Priviledges. Also another Bill to incorporate the Plantation
calhnl N" 1. into a Town and also another Bill to incoriwrate the Plantation called
N" :>. into a Town all lying in the County of Hatiipshire.

In Council Head ami Concurred and Israel Williams Esq"" is join'd in the Affair."
—Coiinril R>r„r,h, (■'-/. XXIir.. /-. 700.

"My Lords, Your Lordsliii)s will observe among the Acts of Assembly passed
here in April last one for erecting part of th(! County of Hampshire into a new
County called Berkshire and another for erecting a Plantation called Pontoosuck
into a Town by the name of Pitsfield. Together with the Bill for the new County
were sent up for my consent five* other bills constituting New Townships 4 where-,
of are within the County of Berkshire. As these bills were wholly silent about
these Towns sending Members, I by a Message informed the House of my instruc-
tion on that subject and desired they would alter the Bills so that F might be able
to pass them (See Votes ;>51) This produced some pojiular harangues which ended
in an Answer to my Message as in the Votes .'MJO. The Towns themselves were
willing to waive their right of sending Representatives, but some g'Mitlemen in the
House opposed the allowing them to waive their priviledge, the result of which wtvs
I rejected four of the Bills but in regard to Pontoosuck, the circumstances were so
distinguishing that I could not so easily get rid of that. This Town was a]ipointed
iinmc(liately one of the two County Towns and from its situation and other advan-
tages will probably be the only County Town. In favor of this Town's sending a
Representative it was averred that it was not intended by that Instruction to pre-
vent new settled Counties being represented but only to put a stop to multiplying
Representatives in the old Counties; And that this has been understood in regard
to Pownalborongh the chief Town in the new County of Lincoln, which it was 1759-60, chop,
expected would soon be allowed to send a Member I could not either admit or con- 2.3, and note,
tradict this and therefore I took a middle way I passed the bill ujion their adding
a Clause suspending the Election in 17G-'!. By these means if Your Lordships should
disapprove it's sending a Representative there will be time enough for the con-
demning the Bill before the right takes place. But I flatter myself that your Lord-
shijjs will not disapprove of this Town's sending a Representative. With this one
included the County will have but •> Representatives, and as it promises to fill very
fast will probably soon have occasion to iietition for more. I hope however, if I
should he wrong, the caution with which I have proceeded will in part excuse me.

It seems plain to me that the prohibiting instruction had its rise from a practice
which had prevailed of dividing Towns and thereby increasing the Members in the
Old Counties and was chiefly intended against that. It is also obvious that the
new Settled Counties have a right to be represented. But yet there is such danger
to be apprehended from IIk; house of Representatives continually increasing that
it is time to imt a stop to it by some means, tho' it were to be wished that it could
be done without denying new Settlers the natural and constitutional right of being
represented. The incrciise of the numlier of Representatives seems to endanger
the Constitution itself. By the Charter the Council and bj' usage many other
Officers are elected by th(; Council and Representatives voting iiromiscuously. In
the year 1718 there were but id Writs issued, in Ki'.i'i when the Charter was opened
]irobably not above Si, Now there is near 170 And yet the Council keeps its old
Number of L'S, So that the Asscmldy were to the Council at tlie time of their first
Meeting as .! to 1 now they are (i to 1 and consequently the Councils share in Elec-
tions is diminished by half. It is also known by experience, that a large number
of peoph; do not dispatch the publii; business so well as a more confined number
would do. And yet I fear it will be found very ilifficult to persuade tin; Assembly
to reduce their number to purpose, although it would be very agreeable to many
Towns to be discharged from the expense of sending a Member, or what would be
more proper, several Towns might be united into one borough, as in Scotlanc|.
Something of this kind should bo done, before any considerable addition of Mem-
bers should be made from the New Counties.

The Assembly has sinc'c got over the dilliculty of suspending the right of sending
Representatives in the bills for erecting Townships. In the bills of the last Session
may be seen several instances of that clau.se being inserted, but they are not in a
new County, excepting one which is taken out of an old Town." — Gor. BenitiriVs
loiter to Lords of Trade, Au(j. 3, 17G1: " Mans. Baij, B. T.," vol. 78, L. I., 26, in Public-
Record Offlce.

" Thursday November 19. 1761.

At a Meeting of His Maj'y'» Commissrs for Tra<le and Plantations.

Present.

Lord Sandj's.

M'' Jenyns. M^ Bacon.

H' Ednid Thomas. M' Rice.

•Colniin, in TTampshirc, .-jnd ritt»fleld,Tyrlnghani [No. 1.], SandiBfield [No. .3.], and Bickol
[Xo. 4. J, in Ui-rkshiro, county.

452 Province Laws. — 1760-61. [Xotes.]

Read a letter from Francis Bernard Esq'^, Governor of Massacliusets Bay dated
August .!. 1701, containing his sentiments upon the inconveniencies likely to follow
from the continual increase of the numher of Ileijresentatives.

Their Lordships took the saiil Letter into consideration and several parts of the
Royal Cliarter of the ^lassaeiiusets Bay and also some Clauses in an Art jiassed in
that Province in IG'J'i, for ascertaining the uumber of Representatives in Assembly,
having been read, their Lordships after some time spent in deliberation upon the
subject matter of Gov Bernanl's Letter, agreed to take the same into further con-
sideration at another opportunity.

Sandys." — " Trade Papers,"
vol. 63, p. 371, in Public-Record Office. ■

" Tuesday November 24. 17G1.

At a Meeting of His Maj'y'« Commissfs for Trade and Plantations

Present.

Lord Sandys.

M"" Jenyns. M' Bacou.

Sr Edm<i Thomas. JM"- Rice.

Their Lordships took into further consideration the Letters and Papers lately
received from the Governor of the Massachusets Bay and the Draught of a Letter
to him, in answer thereto, was approved and ordered to be transcribed.

Sandys."— /6/(i., p. 378.

" Sir, "We have received your Letters to us dated the 3»i G"» and 27"> of August
last, and the Papers transmitted with them.

The subject matter of the first of these Letters is of so great importance, and so
many Doubts and Questions have occurred to us upon a consideration of thos<' parts
of the Charter and of the Act of KJII'J, whicli relate to tin; Constitution of the Ilniisc!
of Representatives that "We do not care hastily to pass a Judgment u]iyn it: We
are convinced however that the directions contained in the 40"> Articlt; of his late
Majesty's Instructions to you, were by no means a pro])er Remedy to the Evil com-
plained of, and have therefore omitted it in the Draught approveil and signed bv his
present Majesty, intending when the Act for establishing the Township of Pitt.-^-
tield shall come before us, to take that opportunity of laying before his Majesty our
Sentiments at largo upon this matter; In the mean time Wc cannot but be of opin-
ion that those Acts for erecting Townships which are totally silent as to the right
of choosing a Reiiresentative, are most consistent with the Constitution as settU^d
by the Act of W.Yl by which the Circumstances under which each Township shall
eject one or more Representatives are fixed aiul ascertained." — D^nU of Trmlr />>
Gov. Bernard, Nov. 25, 17(!1: "Mass. Day, B. T.," vol. 80, p. 130, in Public-lievord
Office.

" Feb. 2."., 17G2. The Secretary by order of his Excellency the Governor went
down to the House of Representatives with the following Message viz*

f!entl(!nien of tlu; House of Re])resentatives

In the last Session of the last General Court, I laid before the House an Instruc-
tion concerning passing Bills for erecting Townships, whereby I was disallowed
from ])assingany Bill of that kind witlioiit a clause to suspend the right of sending a
Representative: But as it seemed to nie tliat fids instruction was rather calculated
to ])ri^vent the multiplying Representatives in the, old Counties, than intended to
hinder the ncnv Counties from being rejiresented at all: I submitted this matter to
the Lords of Trade in such a numncr that they have been pleased to recommend
the omission of that instruction in tlu; Sett I have received from his ])resent Majesty,
and I am accordingly diseliarged from it. Vu\ ViKuy .\nr>." —Con ncil

RcroKls, vol. XXIV. ^ p. 286.

" Th(!re is a saving in this Act that the Township thereby erected shall not have
liberty to send a Representative to the General Court until the G(>neral l''lection in
May 170.'!, I submit to Your Lordships if such power sliould be allowed of by Act of
Assenil)Iy without projicr directions being lirst had f(U' that jmrpose." — Sir M.
Jjiimh's report, Mai/ 22, 17(i2 : " Ma.is, Ilai/, />• '/'•." ral. 78, A. /., ;'.l, in rnblic-Iiicord

Offi'-r.

" Sir. His M.ajesty's Counsel at Law, appointed for the service of this Board, hav-
ing made his Rcjiort to us upon the Acts of tlie Province of the Massachusetts Hay
piussed in April, .Inne and .Inly 17(>1, We ha\-e bail them under our considi-ration
and as they do, for the most part, r<'late to the internal I'oliee* and more private
(rMiPiiDiiiical concerns of the l'ro\in<i', nothing material has occurred to us upon any
of them, except the Acts which an^ fnr incorporating and establishing new Counties
and Towns, )iiore |)arlicularly those for incorporating the County of Bi"rks and
Town of I'ilslield, mentioned in your letter to us of the i'-''' of August 1701.

We entirely agree with yon in ftpinion that the great increase of the Houi^e .<»f
Representatives, whilst the number of the Council remains lixed and unalterable,
must, from the natin-e and form ol' the Constitution ;is establisheil by tin- Cliarfi'r,
have, very ])ernicions consenncnces, an<l destroy that Halance which we nresnmi^
was originally intended to l)e kept up between the Upper and Li>wer'Iiouse of
Assembly.

It appears however to us to be nn evil restilting from the original frame of the
Constitution in what regiirds the ri'jht of the people to ehoosi^ lte|iresentalivcs. laid
down in the Charter itself and in the .\ct of the 4'i' of W"' and Mary Cap. I'.t which
was fonniled upon th<> ('barter and has been conlirnied by I In^ Crown, and there-

• Policy i"

[Notes.] Puovince Laws. — 17G0-61. 453

foro Wo much douht tlio Proprii'ty of any measures on the part of Govornmcnt
wliich mij^lit have the effect to restrain the oi)eration of those fundamental Princi-
oles of the Constitution.

In this view and consideration of the Question, it seems to us, that the llemedy
to the Evil must lye in the discretion of the Constituent Parts of the Government,
and whicli wo observe with pleasure have, in many cases where Townships havo
been divided in the old Settlements given the i)art set off all the Privileges of In-
corporation, except that of choosing a lleprcsiMitative. All therefore that we can
do upon this occasion is to recomnu-nd to you to take care that in every future
division of a Township by Act of Legislature you do use your best endeavours
either that the I'art set off be so formed as that it will have all the benelit of incor-
poration without being entitled under the Charterer tlio Act of KiU'J to choose a
llepresentativo or that if its circumstances Ix; such as that it is absolutely necessary
to be incorporated as a Townshiji, there be the iiivo Clauses of Exceptions as those
We have just mentioned or that the Inhabitants bt; directed to join in tlie clioico
of a Kepreseutative with those of the Townshi[) from wliieli they have been set off.

As to those Settlements in the Eastiern Parts of the Province, which from an
increase of inhabitants are become entitled to incor[ioration, tliey have, in our
ojiinion, a clear indisputable right to be representetl in Assembly, not only in
virtue of the Charter and the Act of IMfJ, but of those Princii)Ie3 of reason and

i'ustice, which require that they should havo some share in the formation of those
jaws, by which they are to be bound and gov(;riied, and tlierefore We cannot dis-
approve of the Act for erecting the Town of Pittshekl, commending however the
caution and prudence with which you acted in taking cave that the right of choosing
a Representative should not take place till His Majesty's pleasure might be known
upon the Act." — Lords of Trade to Gov. Bernard, June 11, 17(U : ibid., vol. 8G, p. 139.
See, further, notes to 1702-63, chapter 8, and 17t)5-()G, chapter 23, post.

ACTS,
Passed 1761—62.

[455]

ACTS .

Passed at the Session begun and held at Boston,
ON THE Twenty-seventh day of May, A.D. 1761.

CHAPTER 1.

AN ACT FOR GRANTING THE SUM OF THIRTEEN HUNDRED POUNDS,
FOR THE SUPPORT OF IIIS MAJESTY'S GOVERNOR.

Be it enacted by the Governor, Council and House of Representa-
tives,

That the sum of thirteen hundred pounds be and hereby is granted Grantor £1,300,
unto his most excellent majest}', to be i)aid out of the public treasury oThi8*'m^0cs^^^
to his excellenc}', Francis Bernard, Esquire, captain-general and gov- governor,
ernor-in-chief in and over his majesty's province of the Massachu-
setts Ba}-, to enable him to carry on the affairs of government.
[^Passed June 5 ; * published July 11.

CHAPTER 2.

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

For thfi more speed}' and effectual lev3'ing of soldiers, and to pre- Preamble,
vent their being arrested for debt, or their defrauding the government Js?^"^' ^^^'
of the bount}' the}' may receive, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sfxt. 1.] That no person who is or shall be engaged in his majes- Boidiers and
t3''s service, and in the pav of this province, either as a non-commis- majorty'a'per"-
sion officer, private soldier, or seaman, shall, during his continuance vice not liable 10
therein, be liable to be taken out of his majcst3''s service, bj' an}' process
or execution (unless for some criminal matter), for an}' sum under the
value of ten pounds sterling; nor for any greater sum, until oath shall
be made, by the plaintiff or plaintiffs, belbre one of the justices of the
court out of which the execution or process shall issue, or before two
justices of the peace, quorum unun, in the county where the plaintiff
or plaintilfs may happen to be, that, to his or their knowledge, there is,
bond fide, due from such person as the process or execution is desired
to issue against, the sum of ten pounds sterling, at least, and was due
on the fourth day of April last ; nor, in either of the cases aforesaid,
shall the soldier or soldiers be taken out of said service (in causes crim-
inal only excepted), unless the plaintiff or plaintiffs, or the person in

Signed July 11, according to the record.

4157

458

Pp.ovlnce Laws. — 1761-62.

[Chap. 3.]

ProvlBo.

whose favour the execution issued, shall pa}' the bounty money the
said soldier received, unto the justice or justices who shall administer
the oath aforesaid ; in which case said justice or justices shall forth-
with transmit the same to the treasurer of the province, particularly
mentioning for whom said bounty money was paid ; said sum to be
recovered, in the case aforesaid, of the soldier, b}- action of debt
brought tliercfor bv the person that paid the same : and every non-
commission officer, private soldier, or seaman, whose bod}', contrary- to
the true intent of this act, shall be arrested, by mean process or execu-
tion, after his being inlisted into said service, ma}' and shall be set at
libei'ty, by any two justices of the peace, quorum U7ius, or by one of the
justices of the court where such process issued, upon application made
by him or his snperiour officer, and proof of his being entred into the
service aforesaid.

[Sect. 2.] And when it shall so happen that any non-commission
officer, private soldier, or seaman, shall be actually committed to goal
on any execution, and shall be liberated as aforesaid, after his being
dismissed from said service the clerk of the court from whence the
execution issued may and hereby is enjoined to give an alias execution,
upon the creditor's application therefor.

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

[Sect. 3.] That no such non-commission oflliccr, private soldier, or
seaman, as aforesaid, shall have his person exempted from arrests for
any sum or sums due for the publick tax for the year one thousand
seven hundred and sixty, anything in this act to the contrary notwith-
standing.

[Sect. 4.] This act to continue and be in force during the continu-
ance of the present war with the French. [^Passed June 6 ; * published
July 11.

CHAPTER 3.

AN ACT TO IMPOWER THE PROVINCE TREASURER TO DRAW BILLS
OF EXCHANGE UPON THE AGENT OF THE PROVINCE, IN GREAT
BRITAIN.

Preamble.

Province treas-
urer empowered
111 draw billM of
rxcliatiKc, on
tlu; aKciit, for a
Hiiin not uxceud-
hiK £<H),OOU, on
CI.' ruin con-
unions.

Whereas the parliament of Great Britain has made a grant of two
hiiiidrod tlionsaiid pounds sterling, to enable his m.ijestv to rccompence
his northern colonies in America, for tlieir military services in the year
one thousand seven hundred and fifty-nine, a proportion of which
grant, it is humlily expected, will be assigned this province, —

Be it enacted b>/ the Governor, Coxincil and House of Representatives^
[Sect. 1.] That the province treasurer be and he hereby is im-
powered and directed to draw bills of exchange on William Bollan,
Esq., agent for said province in (ireat Britain, or. in case of his death
or alisenee, on Barlow Trecothlck, Esq., for a sum not exceeding sixty
tlu)us:ind pounds sterling; and the .said bills shall be drawn on the
following conditions; viz., that for every hundred pounds sterling
for which such ])ills shall he drawn, one hunilred and thirty-six pounds
l.uwful mon(\v of this province shall be i)aid into the province treasury ;
that such bills shall l)o drawn, payalilc to the persons purchasing the
same, or to their order, at thirty d:iys' sight ; l)ut if the province agent,
or, in case of his death or absence, Bailow Trecothick, Esc]., at the
expiration of the thirty d.ays, shall not have received the province's

* Signed July 11, occordiug to the record.

[1st Sess.]

Province Laws. — 1761-62.

459

proportion of the grant aforesakl, then interest shall be allowed, from
tiie expiration of said thirty days, at the rate of six per cent per annum
until paid : and such bills sliall not be protested until twelve months
shall be ex[)ired from their respective dates ; and in case of their being
returned protested, after the exi)iration of said twelve months, the prov-
ince treasurer shall repay the sums received into. the treasury for such
bills, witli lawful interest from their respective dates, but shall not be
lial)le to pay an}- cost or damages on account of the protesting such
bills : said bills to be of the form following ; viz. : —

Exchange for £ sterling. (No. ), Boston, , 1761.

Sir,

At thirty days' sight of this my first per exchange (second, third and fourth,
of the same tenor and date, unpaid), pay unto , or order,

pounds sterHng, for value received, and charge it to the
province of the Massachusetts Bay ; but if it is not paid at said thirty days'
sight, then pay uiterest on that sum, fi-oni the expiration of said thirty days
uutil paid, at the rate of six pounds per cent per annum ; and if this bill and
interest is not paid in one year from the date hereof, I hereby oblige myself,
and successors in the office of treasurer of the province of the Massachusetts
Bay, to pay said bill, with interest from the date of it, at the above rate, until
paid, wjieu it shall be returned witli a protest into the ottice aforesaid, but no
other charges or damages : prodded, that, if paj^ment shall not be demanded
within six month after the date of said protest, the interest shall, from that
time, determine and cease.

H. G., Provmce Treasurer.

To WUliam BoUan, Esq., agent for the province of the Massachusetts Bay,
in London, or, in case of his death or absence, to Barlow Trecothick, Esq.

Form of the bill
of exchange.

And he it further enacted,

[Sect. 2.] That the province treasurer shall and he hereb}' is
directed to i^repare, forthwith, a roll for receiving subscriptions for the
bills aforesaid, of which he shall give public notice, that all persons
inclining may become subscribers. And the said subscription-roll shall
lie open to be subscribed, until the first day of Jul}-, one thousand seven
hundred and sixty-one ; at which time, if a greater sum than sixty
thousand pounds, aforesaid, shall be subscribed, each subscriber shall be
intitled to such a part of said proportion, in bills, as his particular sub-
scription shall bear to the whole sum subscribed.

Provided, alwcv/s, —

[Sect. 3.] That no person shall be permitted to subscribe for more
than one thousand pounds, or less than one hundred pounds, sterUng ;
nor shall an}- persons be admitted to subscribe, but such as arc inhabit-
ants of this province, until the said first day of July next, when, if
the sum subscribed shall appear to be less than the sixty thousand
pounds sterling, any persons whatsoever shall be allowed to become
sul)scribers for the remainder, and in such sums as they may think
proper, preference being given to the inhabitants of this province.

And be it further enacted,

[Sect. 4.] That if the sums subscribed, as aforesaid, shall not lie
paid into the province treasury within ten days after public notice,
given by the treasurer in the Boston Monday's newspapers, that he is
ready to draw the bills as aforesaid, then he shall allow any person or
persons whatsoever to become subscribers, in room of those who shall
neglect to pay their subscriptions until the expiration of the ten days
aforesaid ; and such new subscribers shall be intitled to such bills ui)on
their paying for them at the rate aforesaid. l_Pasiied June 17 ;* pub-
lished July 11.

• Si^ed July 11, according to the record.

Treasurer to
prepare a roll
for receiving
Bubscriptions,
&c.

No person to
subscribe for
more thiiii
£1,000, or less
tlian £100.

If the sum sub-
scribeil for be
not pniil into tho
trcanury in li'n
dayn after notice
given, other
subscribers may
be admitted.

i60

PjiOVLNCE Laws. — 1761-62.

[Chap. 4.]

CHAPTER 4

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF FORTY-
NINE THOUSAND ONE HUNDRED POUNDS, TO BE THENCE ISSUED
FOR DISCHARGING THE PUBLICK DEBTS, AND DRAWING THE SAME
INTO THE TREASURY AGAIN.

Preamble.

Treasurer cra-
powcrcil to bor-
row £49,100.

Whereas it is nocessaiy that pro^asion be made b\' the general
court for discharging the debts of the present and preceeding years, —

Be it enacted by the Governor, Council and House of Ropresenta-
tivi'S,

[Sect. 1.] That the treasurer of the province be and hereby is
imi)owerod and directed to borrow, from such person or persons as siiall
be willing to lend the same, a sum not exceeding fort3'-nine tliousand
onc! lumclrcd pounds, in mill'd dollars at six shillings each, or in other
foined silver at six sliillings and eightpence per ounce ; and the sum
so borrowed shall be applied in manner as in this act is hereafter
directed : and for the said sum the treasurer shall give his receipt or
obligation in the form following : —

Form of Uio
receipt.

Province of the Massachusetts Bay, the day of

Received of the sum of , for the use and ser-

vice of the province of the ]\Iassachusetts Bay; and, in behalf of said prov-
ince, I do promise and oblige myself and successors in the office of treasurer
to repay the said or order, the day of , one thou-

sand seven liundred and sixty-three, the aforesaid sum of , in coined

silver at six shillings and eightpence per ounce, or Spanish mill'd dollars at
six shillings each, with interest, amiually, at the rate of six per cent per
annum. H. G., Treasurer.

£20,000 for tho
lute Canada uz-
pudiUou.

£3.r)00 for forts
and garriHunn.

£1,000 for pro-
viHions, ^c.

£5,000 for
KianUi.

£1.500 fordfbU
wliiTc tlicrc is
no cHtiibliBb.
nii-nt, jcc.

£S,000 for pay
ufcounicllur*,
IM.

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

And be it further enacted,

[Sect. 2.] That the aforesaid sum of forty-nine thousand one hun-
dred pounds, when received into the treasur}', shall be issued in the
manner and fur the purposes following ; that is to say, the sum of
twenty thousand pounds, part of the aforesaid sum of fortN'-uine thou-
sand one hundred pounds, shall be applied for compleating the paj'-
ment of the cxpences of the expedition against Canada the last 3'ear ;
and the further sum of three thousand five hundred pounds, part of
tlie albresaid sum of forty-nine thousand one hundred pounds, shall be
applied for the payment of the cxpences of the several forts and garri-
sons within this province ; and the further sum of one thousand six
hundred pounds, part of the albresaiil sum of forty-nine thousand one
hundred pounds, shall be applied for i)urchasing provisions and the
comniissaiy's disbursments for the service of the several forts and gar-
risons within this province ; and the further sum of five thousand
pounds, i)art of the aforesaid sum of fort3'-nine thousand one hundnnl
pounds, shall be applied for the payment of the grants made or to l)e
made by this court; and the further sum of fifteen hundred pounds,
part of the aforesaid sum of forty-nine thousand one hundred pounds,
shall be appli('(l for the dischaige of debts owing from this pi'ovinee to
persons that have served or shall serve them, b}* order of this court, in
such matters and things where there is no establishment nor any cer-
tain sum assigni'il for that purpose, and for paper, writing and printing
for this court, and n'i)aiis of tho province-house, court-house, light-
house, wood at Castle William, aiul repairs of fortifications within this
province; and the further sum of three tliousand pounils, part of the
albicsaid sum of fort^-nine thousand one hundred pounds, shall be

[1st Sess.]

PiioviNCE Laws. — 1761-62.

461

applied for the pinment of his majesty's council and house of repre-
sentatives serving in the great and.gcnoral court during the several
sessions of the i)resent year ; and tlie further sum of four thousand
pounds, part of the aforesaid sum of forty-nine thousand one hundred
pounds, shall be applied for the pa3'ment of the charge of maintaining
armed vessels of war belonging to this province ; and the further sum
of ten thousand pounds, part of the aforesaid sum of forty-nine thou-
sand one hundred pounds, shall be applied for paying an additional
bounty to the soldiers employed in the service of the present 3ear ;
and the further sum of five hundred pounds, being the remainder of
the said sum of forty-nine thousand one hundred pounds, shall be
applied to pay such contingent and unforeseen charges as may arise,
and for no other i)uri)Ose whatsoever.

And in order to draw said money into the treasmy again, and enable
the treasurer enectuall}- to discharge the receipts and obligations (with
the interest that ma}- be due thereon), by him given in pursuance of
this act, —

B(^ it enacted,

[Sect. 3.] That there be and hereb}' is granted unto his most
excellent majesty a tax of fiftj'-five thousand pounds, to be levied on
l)olls, and estates both real and personal within this province, accord-
ing to such rules, and in such proportions on the several towns and
districts within this province, as shall be agreed on and ordered bj- the
general court or assembly at their sessions in Ma_y, one thousand seven
hundred and sixt^'-two, and to be paid into the public treasury on or
before the last dav of March then next after.

jlnd be it farther enacted,

[Sect. 4.] That if the general court, at their sessions in Maj', one
tlioiisand seven hundred and sixty-two, and some time before the tenth
day of June in said 3'ear, shall not agree and conclude upon an act
apportioning the sums which b^' this act are engaged to be, in said year,
a[)portioned, assessed and levied, then and in such case each town
and district within this province shall pa}-, by a tax to be levied on the
polls, and estates both real and personal, within their hmits, the same
pro[)ortion of the said sum as the said towns and districts were taxed
l\v the general court in the tax act then last prececding.

[Sect. 5.] And the province treasurer is hereb}' full}' impowred
and directed, some time in said month of June, in the same year, one
thousand seven hundred and sixty-two, to issue and send forth his war-
rants, directed to the assessors or selectmen of each town and district
witjiin this province, requiring them to assess the polls, and estates
both real and personal, within their several towns and districts, for
their respective parts and proportions of the sums before directed and
engaged to be assessed, to be paid into the treasury on the aforemen-
tioned tini(! ; and the assessors, as also persons assessed, shall observe,
be governed by. and subject to, all such rules and dircctit ns as shall
havi' been given in the last precceding tax act.

And be it further enacted,

[S^:cT. C.'] That the treasurer pay the sum of forty-nine tiiousand
one iiiindred pounds out of such a})propriations as sliall be directed by
warrant, and no other; and the secretary to whom it belongs to keep
the muster-iolls and accounts of charge, shall lay before the house of
representatives, when they direct, such muster-rolls and accounts, after
payment thereof.

I'rnoided, alioat/.'i, —

[Si:cT. 7.] That the remainder of the sum which shall be brought
into the treasury l)y the taxes ordered by this act to be assessed and
levied, over and above what shall be sufficient to discharge the notes

£4,000 for
armed vcbscIb.

£10,000 fur iin

nddiliunal

bounty.

£500f(.r fotitiii.
gunt cliargL-M.

Preamble.

Tax of £.')5,000
granted.

Rule for appor-
tioning; tlie tax,
in case no tax
act sball be
agreed on.

TreaKurer to
conform to the
apprupriatiunH,

462

Peovince Laws. — 1761-62.

[Chap. 5.]

and obligations aforesaid, shall be and remain as a stock in the treas-
urj-, to be applied as the general cQurt of this province shall hereafter
order, and to no other purpose whatsoever. \^Passed June 22 ; * pub-
lished July 1 1 .

CHAPTEE 5.

AN ACT ESTABLISHING A WATCH FOR THE SAFETY AND BETTER
SECURING THE GOOD ORDER OF THE TOWN OF BOSTON.

Preamble.

Selectmen to
appoint watch-
men, Uieir num-
ber not to
exceed thirty.

Bald watchmen
to be accounta-
ble for their
doings, to the
selectmen.

1699-1700, clmp.

10.

1712-13, chap. 4.

Penalty for op-

fioHing or rcRist-
ng the watch.

Watchmen em-
piiwcreil to <le-
mimikI nid, &e.,
iiiid penalty for
nfiiHlni;.

Limitation.

Whereas the town of Boston have petitioned this court for their aid,
bj' some act, to enable said town b}- a watch to secure themselves, bj'
night, against disorders and damage from evil-minded persons or other-
wise ; therefore, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[SrxT. 1.] That the selectmen of the town of Boston, for the time
being, be impowcred, and they are hereby' authorized and iin powered, to
appoint such a number of their inhabitants to be watchmen, by night,
ill tlie town of Boston, as they shall judge convenient, not exceeding
thirty ; the town of Boston agreeing to defrey the charge. And the
selectmen shall appoint one, of each division of the watch, to be head or
constable of that part of the watch ; which head is hereb}' required to
keep an account of their doings, and how they find the state of the
town, and report to the selectmen once every week, and oftner if re-
quired ; which watchmen shall have the same power, and be obhged to
the same service and duty, as given and required to and from the watch-
iiien of the several towns of this province, in general, by the acts of
the general court, of 11th of King William, Chap'^''^[7'''][T"'//.], and
of the nth of Queen Anne, Chap[^^^[G"'][F/.].

And, to render the care and labour of the said watch more clfectually
conducive to the peace, safety and good order of said town of Boston, —

Be it further enacted,

[Sect. 2.] That all and every person or persons who shall oppose
or resist the said watchmen in the discharge of their service and duty,
or strike, abuse or wound them, or an}- of them, shall severally forfeit
and pay for the use of the said town, to be appl[y][0^'^^ towards dis-
charging the wages of the watch, a sum not exceeding live pounds, nor
less than forty shillings, besides being liable to an action for all dam-
ages to the person or persons abused or wounded ; and any two jus-
tices of tlie peace in the county of Suffolk, quorum unus, are hereby
autliorized to liear and determine the same.

And, fora.'^niurh 'AS considerable numbers of dissolute persons have
sometimes riotousl}' met and opposed the watch, —

It is further declared and enacted.

[.Sect. ;}.] That llie said watchmen shall be authorized and impow-
eivd. and they hereby are authorized and impowered, to demand aid
and assistance ; and all and every person or persons refusing to assist
liim or them of thi- watch demanding help, shall forfeit ami })ay a fine
of forty shillings, to and for the use of tlie said (own of Boston, to be
ajjplietl for tlie payment of the watch as aforesaid : the several forfeit-
ures to be recovered by plaint or information.

[Sect. 4.] This act to continue and be in force for the space of
three years from and after the first day of July [next] [cwrre?it f] » JX^l
no longer. [Passed June 30 ; * jmblished July 11.

• Rignoil .Tilly 11. .•iccnrdiiij; to tho record.

t So i>riuU'il ill the idiiioii ol ITUii, but " uoxt" iu tho priutod sessious-acts.

[1st Sess.]

Province Laws. — 1701-62.

•103

CHAPTER 6.

AN ACT TO INVEST THE COMMITTEE OF THE SECOND PRECINCT IN
REHOBOTH WITH CORPORATE POWERS FOR CERTAIN PURPOSES
THEREIN MENTIONED.

Whereas the second precinct in Eehoboth, whereof the Reverend
I\Ir. Robert Rogerson is the present pastor, have humbly suppUcated
this court, setting forth that, bv the sale of certain lands they were by
this court iuipowered to sell, the}' have now the sum of six hundred
pounds, and that, by a voluntary subscription among themselves, the}'
can raise the sum of four hundred pounds more ; which sums, making
together one thousand pounds, they pray may be placed at interest,
and the annual interest forever appropriated to the support of a Con-
gregational or Presb3'terian minister within said precinct, —

lie it therefore enacted hy the Governor, Council and House of
Hajjresentatives,

[Sect. 1.] That Thomas Carpenter, Stephen Moulton, Ephraira Hunt,
Daniel Bliss and Nathan [i] [a] el Bliss, the present committee of the said
precinct, and those which shall be annually hereafter, forever, chosen
by the said precinct to the same office, shall be and are hereby declared
a body corporate, b}' the name of the trustees of the second parish of
Rchoboth ; and they are hereby incorporated to this special purpose ;
to wit, when the said sum of one thousand pounds shall be compleatly
raised, to receive the same, and to let the same to interest, on good
security, real or personal, as the}', or the major part of them, shall judge
fit ; and all bonds, mortgages, or other lawful [1] securities, made to the
said Thomas Carpenter, Stephen Moulton, Ei)hraim Hunt, Daniel Bhss
and Xathanael Bliss, or their successors aforesaid, shall be understood
to be valid ; and they or their successors, or the major part of either of
them, by the incorporate name aforesaid, may appear and plead, sue
and defend, in any court within this province, in all matters touching
such securities.

And be it further enacted,

[Sect. 2.] That the interest annually arising from the said princi-
pal sum shall be paid to a minister of a Congregational church, resi-
dent and officiating in the work of the ministry within the precinct,
forever ; and if it shall ever hereafter hai)pen that there shall be no
minister of a Congregational church, settled within the said precinct, for
the space of one year, in every such case the interest arising shall be
put out to interest on new security ; and all such increased capital shall
be ordered and managed according to the directions hereinbefore given
respecting the said principal sum. And the said Thomas Car})enter,
Stephen Moulton, Ephraim Hunt, Daniel Bliss and Nathanael BUss,
and their successors aforesaid, are hereby incorporated, impowered and
directed, with respect to the said increased capital, as they are, herein-
before, with respect to the said sum of one thousand pounds.

And be it further enacted,

[Sect. 3.] That if, at any time, the said precinct shall, at the an-
nual season of the year, neglect to ch[oo][u]se a precinct committee,
tiie committee then last before chosen shall continue vested with all
tht powers and priviledges aforesaid until [I] new ones be chosen.

A7id be it further enacted,

[Sect. 4.] That the said committee and their successors shall be
accountable to the said precinct, and may, by them, for any misde-
meanor in their office aforesaid, I)e removed from their said trust, and
new oiit's api)ointed in their stead. [^Passed June 30 ; * published
Jul J 11.

• Signed July 11, according to the record.

Preamble.

Committee de-
clared u body
corporate.

Trustees em-
powered to sue
and defend.

Interest money
appropriated.

Precinct com-
mittee con-
firmed, in case.

To be accounta-
ble to the pre-
cinct.

464

Province Laws.— 1761-62. [Chaps. 7, 8.]

CHAPTEK 7.

Preamble.

The plantation
called Cold
Bprintc erected
into a town by
tlie name of
r.i'lchcr'sTown.

Eleazer Porter,
Esq., empow-
etx'd to issue liis
warrant for the
choice of town
oilicers.

AN ACT FOR INCORPORATING THE PLANTATION CALLED COLD SPRING,
INTO A TOWN BY THE NAME OF BELCHER'S TOW^'.

Whereas the inhabitants of the phmtation of Cold Spring, Ijing in
the count}' of Hampshire, labour untler many difficulties and incon-
veniencies b}' means of their not being a town ; therefore, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the said plantation, commonly called and known by
the name of Cold Spring, bounding, easterly, on Swift River; south, on
Swift River, parth", and partly on Palmer ; westerly-, partly on Spring-
field, and partly on Iladley ; and north, on Pelham ; be and hereby is
erected into a town b}- the name of Belcher's Town ; and that the said
town be and hereb}- is invested with all the powers, priviledges and
immunities that any of the towns of this province do or ma}-, by law,
enjoy, that of chusing and sending a representative to the general
court onl}- cxeei)ted.

And be it further enacted,

[Sect. 2.] Tha* Eleazer Porter, Esq^'^., be and hereby is impow-
*ered to issue his warrant to some principal inhabitant of the said plan-
tation, requiring him, in his majesty's name, to warn and notif)' the said
inhabitants, qual[l]ified to vole in town affairs, that they meet together,
at such time and place, in said i)lantation, as, by said warrant, shall be
appointed, to chuse such officers as may be necessary to manage the
alfairs of said town ; and the inhabitants, being so met, shall be and
hereb}' are impowered to chusc such officers accordingly. {^Passed
June 30 ; * published Jidy 11.

CHAPTER 8.

AN ACT FOR ERECTING THE PLANTATION CALLED ROADTOWN, IN THE
COUNTY OF HAMPSHIRE, INTO A TOWN BY THE NAME OF SIIUTES-
BURY, AND CAUSING THE DELINQUENT SET[riLERS TO FULFIL THE
CONDITIONS OF THEIR GRANT.

The plantation
called Road-
tiiWM, niaile a
town by the
name of tjhutcs.
bury.

Eleazer Porter,
Eh(|., empow-
ered III iHHiie bin
warrant for eall-
biK a iiici'liii);
for the choice of
town ofllcera.

Be it enacted by the Governor, Council and House of Rej>resenta-
tives,

[Sect. 1.] That the said plantation be and hereby is erected into a
town, by the same limits which are now the l)oundaries of the said
plantation, by tlie name of Shutosbury ; and that the said town bo
invested with all the i)Owers, priviledges and iininunities that towns in
this province do or may, by law, enjoy, that of sending a representative
to the general assembly only excepted.

And he it further enacted,

[Skct. 2.] That Eleazer Porter, Esq^'^., bo and hereby is impow-
ered to issue his warrant, directed to some principal inhaltitnnt in said
town of Shutosbury, rt(iiiiiiiig him to notify and warn tiio inhaltilaiits
of the same town, <|iialiliotl, by law, to vote in town moetings, to moot
at such time and place as , shall be therein sot forth, to ch[oi)][//]so all
town olllcors which, by law. towns in this province ai(> iiupoworod and
ci)jo[3][i]ne(l to ch[oo][»]so.

• SigiK'd .Tilly 11, arconling to tin' roconL

[1st Sess.]

Pkovince Laws.— 1761-62.

465

And be it further enacted,

[Sect. 3.] That those persons, to whom any grant of lauds in tlie Time niiowud
above-named plantation of Roadtown were made, on conditions of set- condu'on o*f ' '*
tk'iuent, who have liiLherto negleeted to fuini[l] the conditions of said grant«.
giants, shall be allowed three years more, to l)e reckoned from the first
of July next, to perform the conditions of their grants, before the said
grants shall be forfeited for non-performance of the conditions thereof.
\Passed June 30 ; * published July 1 1 .

CHAPTER 9.

AN ACT FOR ERECTING THE NORTH PARISH, OR PRECINCT, IN THE
TOWN OF SHEFFIELD, INTO A SEPARATE TOWN BY [BY] THE NAME
OF GREAT BARRINGTON.

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the said north parish, or precinct, be and hereby is
erected into a separate and distinct town, bv the same limits and bound-
aries which are now the boundaries of the said parish, by the name
of Great Barrington ; and that the said town be invested with all the
powers, priviledges and immunities that towns in this province do or
may, by law, enjo}', that of sending a representative to the general
assembly only excepted ; and that the said town shall have full liberty
and right, from time to time, to join with the town of Sheffield in
ch[oo][u]sing a representative to represent them at the general assem-
bly, who may be chosen, indifferently, out of cither of the said towns ;
and tliat the said town of Great Barrington shall, from time to time, be
at their proportionable part of the expence of such representative : and
the frceliolders and other inhaltitants of Great Barrington shall be noti-
fied of the time and place of election, with the inliabitants of the town
of Sheffield, bv a warrant, from the selectmen of Sheffield, directed to
file constable of Great Barrington. requiring him to warn them, for tliat
purpose, at the time and place by them assigned ; which warrant[.s]
slmll be duh" served and seasonably returned by said constable of Great
li.'Miington.

Provided, nevertheless, —

And be it further enacted,

[Sect. 2.] That the said town of Great Bariington shall pay their
proportion of all town, coivnt}- and province taxes, already set[t] on or
granted to be raised b}- said town of Sheffield, as if this act liad not
been made.

And be it further enacted,

[Sect. 3.] That Joseph Dwighl, Esquire, be and hereby is impow-
ored to issue iiis warrant, directed to some principal inhal)itant in said
town of Great Barrington, reqniriiig him to notify and warn the inhab-
itants of the same town, (luaUlied, liy law, to vote in town meetings,
to meet at such time and place as shall be therein set[t] fortli, to
ch[oo][«]se all town officers which, l)y law, towns in this province are
inipowered or onjo[3-][/]n['][«?]d to cli[oo][?<]se.

And whereas, in and l)y an act made and pass[e]'d in the first year
of his present majesty's reign, erecting and estabHshing a new county
in the westerly' part of the county of Hampshire, by the name of Berlv-
shire. it is amongst other tilings enacted, '• that Slieffield, for tlie pres-

• Signed July 11, according to the record.

The North Par-
ish of Slullicia
erecttil into a
si'piii'ati' town
by the naim- of
Great Harring-
ton.
1733-34, chap. 1.

Their powers
and privileges.

Joseph r)\vl<;lit,
IC-sq., empow-
ered to issue his
warrant for eall-
iiig a meeting
for the choice of
town officers.

Preamble.
1760-01, ch.ip.
33, $§ 1,8, and 2.

466

Province L.\.ws. — 1761-62.

[Chap. 10.]

Great Barring-
toil to be the
shire town, 8k.

ent, be the shire town of said countj' of Berkshire, and that the office
of register of deeds be kept in the north parish in said Sheffield, and
also, that j'earl}-, and in every year, there shall be held and kept a court
of general sessions of the peace, and an inferio[u3r court of common
pleas, at the north parish in Sheffield, on the last Tuesda}- of April,
and first Tuesdaj' of September ; " now, to prevent any difficulties that
may arise, —

Be it enacted,

[Sect. 4.] That the town of Great Barrington, for the present, shall
be the shire town of said count}- of Berkshire, and the register's office
be there kept ; and that the courts of general sessions of the peace and
inferiour court of common pleas, appointed to l)e hold and kept at the
north parish in Sheffield, aforesaid, be held and kept in the town
of Great Barrington, on the last Tuesda}' of April, and first TuesdaN-
of September, annually ; anything in the before recited and mentioned
act to the contrary notwithstanding. [Passed June 30 ; • published
July 11. t

CHAPTER 10.

AN ACT FOR INCORPORATING THE PLANTATION CALLED COLRAIN,
INTO A TOWN BY THE NAME OF COLRAIN.

Preamble.

Plantation
called Oolrain,
crecteil into a
town by the
numcot'Colrain.

Proviso.

•Elijah WIIllamB,
l'>q., empow-
ered Id Ihhuc his
warrant for call-
ing a meeting
I'lir th(' choice of
tciwii ofllcers.

WnEUEAS the new plantation of Colrain, h'ing in the count}' of
Hampshire, is competeully filled with inhabitants, and labour under
great difficulties ami iiiconveniencies b}' means of their not being a
town ; therefore, —

Be it enacted hi] the Govei-nor, Council and House of Representa-
tives,

[Si;cr. 1.] That' the said new plantation, commonly called and
known by the name of Colrain, lying on the north-west of Deerlield, in
llie county of Hampshire, acconling to the bounds by which it was
established by the general court, be and hereby is erected into a town
by the name of Colrain ; and that the said town be and hereby is
invested with all the powers, priviledges and immunities that any of
the towns of this province do or may, by law, enjoy, that of semling a
I'epresentative to the general court only excei)ted.

Provided., —

[SiccT. 2.] That nothing in this act shall be understood, or so con-
si rued, as in any manner to supersede or make void any oiiler or orders
of this coni-t, now in force, respecting the method of making assess-
ments witiiin saitl plantation in time past, but that the same shall
reinain and be as eflcctnal as if this at^t had not been made.

And he it further eiidctod,

[SiccT. .3.] Thai Elijah Williains, Kstj'^'l, be and hereby is inijiow-
cifd to issiK! his warrant to some principal inhabitant of (he saitl i)Ian-
talioii, requiring him, in his inajt'st[ii'][//'Js name, to warn and notify
tlu' said inliabitanls, (Hial[l]iru'(l to vott' in town affairs, that they meet
together, at siicli tinit' jind place, in said plantation, as, by said wai-
lant. shall l)e apptMiiled, to cluisc sueh ollleurs as may ])e necessni-y to
manage the tillairs of said town ; and tiie inlial»i(ants, being so met, shall
be and hereby aic itnpoweied to chuse such officers accordingly.
\^Pa8sed June ;>();* published July 11.

Signed .lulv 11, jvfonling to tlio roconl.

[1st Sess.]

Peovince Laws. — 17G1-G2.

-4G7

CHAP TEE 11.

AN ACT TO PREVENT THE UNNECESSARY DESTRUCTION OF THE FISH
CALLED ALEWIVES, IN THE TOWN OF HINGHAM, IN THE COUNTY
OF SUFFOLK, AND TO ENABLE THE SAID TOWN TO REGULATE AND
ORDER THE TAKING AND DISPOSING THE SAME.

"Whereas the said town of Ilingham has been at great expenco in
purchasing and opening a water-passage, for the fish called alewives,
from the sea, into the pond called Accord Pond, being wholly within
the bounds of the said town, and it appears just that the sole ordering,
taking, and disposing the fish, when taken, should be vested in the said
town ; to which purpose, —

Be it enacted h>j the Governor^ Council and House of Representa-
tives,

[Sect. 1.] That from and after the first day of August next, and
during the continuance of this act, it shall and may be lawful [1] ibr
the inhabitants of the said town of Ilingham, at a meeting regularh'
assembled for that purpose, from time to time, to order and determine
how and in what manner, by whom, and at what place or places, time
or times, the fish ma}- be taken within the river aforesaid, and how
they shall be disposed of; and shall cause a copy of said order, attested
b}' the town clerk, to be posted up in four public[k] places in said
town ; whereto all persons shall conform themselves, on penalty of
twent}- shillings for each otience, to be paid by the offender or otiend-
ers, and, upon his or their refusal, the offender to be committed to the
common goal of the said county, there to remain not exceeding five
days : and -all fines and forfeitures arising b}- this act, to be recovered
b}- action, bill, plaint or information, before any authorit}' proper to
try[e] the same ; and the fines so recovered to be applj-'d, one moiety
to the use of the poor of said town of Ilingham, the other half to him
or them that shall sue for the same.

And ivhereas the river aforesaid is of great extent, and considerable
part of the banks thereof covered with thick wood, ancLso obscured as
that persons may frequcntl}' oflTend against this act without being dis-
covered, and so the good designs of it defeated, unless special provis-
ion be made therefor, —

Be it therefore enacted,

[Sect. 2.] That the manner, rules and methods of conviction of
the offenders against this act, be the same as are directed and pro-
vided in and b}' an act, made in the twelfth year of the reign of King
George the First, intituled " An Act in addition to, and for rendering
more effectual, an act made in the tenth year of the reign of King
"William the Third, intituled 'An Act for preventing trespass.' "

[Sect. .'>.] This act to be in force for the space of three years from
the first day of August next, and from thence to the end of the next
session of the general court, and no longer. [^Passed July 3 ; * pub-
lished July 11.

• Signed July 11, according to the record.

Preamble.
1735-36, ch. -21.
1741-lJ, cli. 16.
1754-55, cli. 31.
1757-IJ8, ch. 37.

The town of
llin'^liiiin cni-
piiwiri'il to or-
der tlie iiiniiner,
time anjl i)l;ice
of taking of ale-
wives in said
town, &c.

Preamble.

Rules and raeth-
Oils of convic-
tion.

17-20-27, cli.ip. 3

Limitation.

468

PiiovixcE Laws.— 1761-G2. [Chaps. 12, 13.]

CHAPTEK 12.

Pivainble.

Districts Bub-
joctcd to the
diilii-8 which
towns, by law,
all' hulijcctcdto.

AN ACT FOR THE BETTER REGULATING DISTRICTS WITHIN THIS

PROVINCE.

Whereas it has been found expedient to erect districts withiu this
province, invested with the powers, priviledges and immunities of towns
(the priviiedge of sending a representative to the general assembl}- only
excepted), and it being necessary that all such districts should be
subjected to all the duties which towns, by law, are subjected to, and
liable to all such penalties, for neglect thereof, as towns, by law, are
lialtle to, —

Be it therefore enacted by the Governor^ Council and House of
Rep re sent a t i ves ,

That each and ever}- the districts within this province shall be and
hereby are subjected to all the duties which towns, b}- law, are subjected
to, and made liable to all the penalties, for neglect or failure therein,
which towns, by law, are liable to, and shall, to all intents and purposes,
l)e considered as towns, the priviiedge and duty of sending a represen-
tative to the general assembly oul}' excepted. [^Passed July 3 ; pub-
lished July 11.

CHAPTER 13.

AN ACT MAKING SPECIAL PROVISION FOR THE SETTLEMENT AND SUP-
PORT OF THE GOSPEL MINISTRY IN THE TOWN OF SUDBURY.

Preamble.

Inhabitants of
llictownof Bud-
biiry incorporat-
ed into diHtinct
HDcicticH.nR to
the call and sct-
tlrmcnl of ngoB-
])fl ininlBter for
each Hoclety, K:c.

rrovlitliin when
eltliir ehureli i«
demllnU* of n
goHpel nilnlNtcr.

Whereas there are two distinct societies for religious worship, of the
l)rofession of the churches in general of this province, in the town of
.Sudbury, and cacli of the said societies being desirous of being author-
ized and impowered to contract with and proceed to the settlement of
a gospel minister, wlien and so often as it shall be necessary, as fully
as, by law, they miglit do if they were distinct parishes, —

Be it therefore enacted by the Governor, Council and House of
Hepresentatives,

[Sect. 1.] That such of the inhabitants of the town of Sudl)iiry as
usually attend the public[lv] worshii) on the east side of tlic river, in
said town, and also such of the inhabitants of said town as usually
attend the pul)lic[k] worship on the west side of [//*<'] said river,
qualified to vote in parish alftiirs, be and hereby are so far incorpo-
rated into distinct and sepcrate societies as to be enabled, from time
to time, in concurrence with the act of the church in sucli societies,
respectively, to call, contract with, and settle a gos|)el minister, or
ministers, for each society, respectively, in manner ami form :is the
ministers of the churches of this province are called, contracted with,
and settle(l ; and such calls, coulratrts and settlements shall be as
vali<l and eflectual, to all intents and purjjoses, as if such societies had
been erected into distinct and sei)eiate parishes.

^Ind be it furtht-r eiiadcd,

[Sect. 2.] That when and so often as the Kfist Church and congre-
gation, or the West Church and congri'gatioii, shall l)e destitute of a
giisi»e] minister, the deacons of the chinrh so destitute may and shall
iiotily tlu! inhabitants (jiuilified, by law, to vote in parish affairs where
suili destitute chiinh sIimU be, to meet on some eerlaiii day, and at some
certain place ; and said inhabitants, so notified ami convened, arc here-

[1st Ses3.]

PiioviNX'K Laws. — 17G1-G2.

4G9

1\V authorized aiul iinpowercd to choose a moderator and clerk, to act
anil to do all such luatturs and things as parishes, by law, may do
towards settling a minister as aforesaid, antl, by adjournments, to con-
tinue such meetings from time to time, anil so long as shall be neces-
sary lor the purpose albresaid ; and the assessors, collectors, and other
town ofBcers, of the town of .'udbnry, whom it may concern, are hereby
impowered to assess, lev}' and collect all rates and taxes, for the sup-
port and maintenance of such ministers, from the inhabitants of said
town of Sudl)ury, in manner as if such ministers had been chosen and
contracted with by the said town. \_Fassed July i) ; * published July 11.

AssegBoro, &c.,
empowcrtil ti>
aHsu«s, levy and
collect UixcM for
the support of
ministers.

CHAPTEK 14.

AN ACT FURTHER IMrOWERING THE COURTS OF GENERAL SESSIONS
OF THE PEACE, IN THIS PROVINCE, TO GRANT LICENCES IN CER-
TAIN CASES, AND THEREBY TO PREVENT UNNECESSARY PETITIONS
TO THE GENERAL COURT.

i;raut licenses,
in case.
l"5.>-56, ch. 39.
1759-60, cb. 13.

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That when it shall so happen that any licenced innholder justices of nie
or retailer shall die before the year be expired for which licence shall e°"i' gt?ggifj'nl,'
have been granted, and the widow of the deceased, if such there be, empoweiea to
or children, or other representative, shall desire to exercise the said
emplo3'ment in such licenced house the remainder of the 3-ear ; and
where any licenced innholder or retailer shall remove from a licenced
house, and the purchaser or occupier of such house shall petition to
be licenced to be an innholder or retailer in the same house for the
remainder of the ^ear ; in eveiy such case it shall be lawful, and the
justices of the court of general sessions of the peace are hereby' im-
powered, at an}' of the terms appointed b}" law for holding the same in
such count}', to grant licence to such person or petitioner applying
therefor, the remainder of the year : provided such person be suitably
qualified therefor, and recommended in manner as the law directs.

[Sect. 2.] This act to continue in force from the tenth day of July Limitation
current, to the tenth day of July which will be in the year of our Lord
one thousand seven hundred and sixty-five, and no longer. [^Passed
July 9 ; * published July 11.

CHAPTER 15.

AN ACT TO SUPPLY THE TREASURY WITH THE SUM OF THIRTY-NENE
THOUSAND POUNDS.

"Whereas this court have ordered a tax of thirty-two thousand nine Preamble,
hundred and seventy-four pounds thirteen shillings and fourpence, short
of what, by several acts of government, was to have been assessed
and apportioned on the i)resent year, and a further sum is necessary
for the ser\'ice of the present campaign ; therefore, to support the faith
and credit of the government, —

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

[Sect. 1.] That the treasurer be and he hereby is directed to Treasurer cm-

• Signed July 11, according to the record.

470

PnovLN'CE Laws. — 17G1-G2.

[C'liAJ'. 15.]

powered to bor-
row £39,000.

borrow, of such persons as shall appeal' read}' to lead, a sum not
exceeding thirty-nine thousand pounds ; and for everj- sum so bor-
rowed the treasurer shall give his receipt in the form following : —

Form of the Province of the Massachusetts Bay, the day of ,1761.

receipt. Received of the sum of' , for the use and serA'ice

of the province of the Massachusetts Bay ; and, m behalf of said provuice, I
do hereby promise and oblige myseK and successors in the office of treasurer
to repay the said or order, the twentieth day of June, one thou-

sand seven hundred and sixty-three, the aforesaid sum of , in

corned silver at sis shillings and eightpence per ounce, or Spanish mill'd
dollars at six shillings each, with interest, annually, at the rate of six per cent.
Witness my hand.

£32,974 13.». 4d.
for payment of
government ee-
curilies.

£6,025 0.9. Sd,
for the present
cumpuign.

Preamble.

Tax of £41,000,
ill 1702.

Kiilc for iippor-
tlonini; the tax,
in caHu no tax
uct Hliall be
ugreeU on.

And he it further enacted,

[Sect. 2.] That the aforesaid sum of thirty-nine thousand pounds,
when received into the treasury, shall be applied by the treasurer in the
manner following ; that is to sa}-, the sum of thirty-two thousand nine
hundred and seventy-four pounds thirteen shillings and fourpence,
part of the aforesaid sum of thirty-nine thousand pounds, shall be
api)licd for the pavment of government securities that will become due
in June, one thousand seven hundred and sixty-two ; and the remaining
sum of six thousand twenty-five pounds six shillings and eightpence,
part of the aforesaid sum of thirty-nine thousand pounds, shall be
applied towards dcfreyiug the charges of the present campaign : to be
drawn out of the treasury by warrant from the governor, with advice
of council.

And as a fund and security to enable the treasurer to discharge the
obligations by him given in pursuance of this act, —

Be it enacted,

[Sect. 3.] That there be and hereby is granted to his most excel-
lent majesty a tax of forty one thousand pounds, to be levied on polls,
and estates both real and personal, according to such rules, and in
such proi)ortion on the several towns, districts, parishes and other
places within this province, as shall be ordered by the general court at
their session in May, one thousand seven hundred and sixty-two.

And be it further enacted,

[Sr.cT. 4.] That, in case the general court shall not, at their session
in May, one thousand seven hundred and sixty-two, and before tiio
twentieth day of June following, agree and conclude upon an act ap-
portioning tlic sum which by this act is engaged to be ajiportioned,
assessed and levied, that then and in such case such towns, districts,
parishes, or other places, shall pay, by a tax to be levied on the polls,
and estates both real and personal, within their respective limits, the
same proportion of the said sum as the said towns, districts, parishes,
or other i)laees were taxed by the general court in the tax act then
last preceeding.

[Sect. 5.] And the province treasurer is hereby fully impowered
and directed, in the month of June, one thousand seven Imndred and
sixty-two, to issue and send forth his \\*arranls, directed to the seli'ct-
mcii or assessors of each town, district, parish or other place within
this province, re(|uiring them to assess the polls, and estates both real
and personal, within their lespective towns, tlisdicts, jjarishes, or other
l)Iaces, for their respective parts and proportions of the sum before
directed and engagecl to be assessed, to be paid into the pultlic treasury
by tli(> first day of March, one thousand seven hundred and sixty-
tliree ; and the assessors, as also persons assessed, shall observe, be
governed by. and sul)ject to, all such rules and directions as shall have
l)ecn given in the then last i)ieeeeding tax act ; and the assessors shall

[1st Skss.]

I'ltuviNci': Laws.— 1701-G2.

■171

incur the same penalty, for not apportioning the sums laid upon their
respective towns, districts, i)arishes, or other places, as though the same
hail been assessed upon them by an act of the general court.

And be it farther enacted,

[SiiCT. G.] That if the treasurer shall not be able to borrow the sum Tux to be levied
of thirty-two thousand nine iiundrcd iuid seventy-four pounds thirteen 8um"i'n m-j!'*'"'
shillings and fourpence, aforesaid, on or before the thirty-lirst day of
December next, then and in that case he shall issue forth his war-
rants, directed to the selectmen or assessors in each of the towns and
districts within this province, requiring them to assess the polls, and
estates both real and personal, within their several towns and districts,
for their respective part and proportion of whatever sum he shall not
be able to borrow of the sum of thirty-two thousand nine hundred and
seventy-four pounds thirteen shillings and fourpence, aforesaid, to be
paid into the public treasury by the first da}' of March, one thousand
seven hundred and sixty-two ; and the assessors, as also persons
assessed, shall observe, be governed by, and subject to, all such rules
and directions as shall have been given in the then last preceediug
tax act. [^Passed and imhlished July 11.

CHAPTER 16.

AN ACT PROVIDING FOR THE LEVYING AND COLLECTING OF TAXES
IN PLANTATIONS THAT ARE NOT INCORPORATED.

Be it enacted by the Governor, Council aiid House of Representa-
tives,

[Sect. 1.] That when any part or proportion of an}- province or
county tax shall be laid by the great and general court, or by an}'
court of general sessions of the peace within this province, on any
plantation not incorporated, the treasurer of the province, or of such
count}', respectively, shall issue his precept to some justice of the peace
dwelling near to such plantation, requiring him forthwith to grant his
warrant, directed to some principal inhabitant of such plantation,
requiring him to notify and warn the inhabitants of such plantation,
being freeholders, to meet at such time and place, within the same, as
in such warrant shall be specified, in order to choose needful officers
for the purposes hereafter mentioned ; and such principal inhabitant is
hereby obliged to observe and obey the warrant that he shall receive
from said justice, on the penalty of forfeiting and paying the whole
sum that shall be ordered to be levied on such plantation by either
of the respective treasurers' warrants aforesaid ; to be recovered by
action of debt, by said respective treasurers, in any of his majesty's
courts of record, within this province, })roi)er to try the same.

[Sect. 2.] And such of the said inhal^itants as shall then assemble
shall have power, and they are hereby required, to choose a moderator
and clerk, as also assessors and collectors for assessing and collecting
such plantation's i)roportion of such province and county tax (to be
duly paid, when collected, by such collectors to the province or county
treasurer, respectively) ; and such clerk, assessors and collectors shall
be under oath (to be administred by the moderator of such meeting)
for the faithful discharge of their respective trust, and shall have the
sam(! allowance from such incorporate plantations as such officers are
intituled unto, by law, in towns corporate ; and in case any assessor or
collector, so chosen, shall, after notice of such choice given him bv

Province, or
county, treas-
urer to issue a
precept fur call-
ing a meeting of
tile inhiibitauts
of phintulions,
&c., in case.

Inbabitiints of
eaid plantaliimg
to choose cer-
tain ofiiccrH, &C.

4:12

riiOVLNX'E Laws. — 1761-62. [Chap. 17.]

AssesBors to
take a valuation,

Justices of the
court of gen-
eral Bcssions to
appoint asscBS-
orrt ;ui(l coliect-
ot'B, in case.

AsBOBsors to
itisiic their war-
rants for calling
a inccliiig in
Miirch, an-
nually, &c.

Continuance.

the moderator, refuse or neglect to appear and take such oath, he shall
be liable to the same penalty which assessors and collectors in towns
cor[)orate are liable to in case of such refusal or neglect.

And be it farther enacted^

[Sect. 3.] That the assessors so chosen and sworn shall, therc-
ii[)on, take a list of the rateable polls, and a valuation of the estates
and faculties of the inhabitants of such plantation, for a rule bj' which
to make such assessment, and by which to judge of the qualification of
voters, in meetings of the said inhabitants thereafter to be holden, until
other valuation shall be made.

And he it farther enacted^

[Sect. 4.] That, in case the inhabitants of any such plantation
shall neglect to assemble, or, being assembled, shall neglect to choose
all such officers as hereinbefore are required, it shall be in the power
of the court of general sessions of the peace, in the county where such
plantation is, and the justices of such court are required, to appoint
some meet persons, inhabitants of such plantation, to be assessors
and collectors of such taxes, as aforesaid, who shall be duly sworn to
the faithful discharge of their respective trust, and shall conform to the
directions and proceed by the rules which assessors and collectors in
towns corporate are obliged to observe.

And be it further enacted,

[Sect, o.] Tliat the assessors, which* shall, from time to time, be
chosen or api)ointed for such plantation, shall have power and the}' are
Inquired to issue their warrants for calling meetings of the inhabitants
there, in the month of March, annually, for choosing sucli officers as
aforesaid, who shall be sworn as aforesaid, and shall have the same
power, and be subject to the same penalties, as assessors and collectors
in towns and parishes have, and are, by law, liable to.

[Sect. C] This act to continue in force during the term of seven
years from tlie first da}' of August next, and no longer. [^Passed and
2)ublished July 11.

CHAPTER 17.

AN ACT FOR APPORTIONING AND ASSESSING THE SUM OF SEVENTY-
FIVE THOUSAND POUNDS; ALSO FOR APPORTIONING AND ASSESSING
A TAX OF TWO THOUSAND TWO HUNDRED AND THIRTY-FIVE
POUNDS TWO SHILLINGS, PAID THE REPRESENTATIVES FOR THEIR
SERVICE, TRAVEL AND ATTENDANCE IN THE GENER.\L COURT, IN
THE YEAR ONE THOUSAND SEVEN HUNDRED AND SIXTY; ALSO FOR
ASSESSING THE TOWN OF RUTLAND FOR THE SUM OF THIRTY-ONE
POUNDS ONE SHILLING AND SEVENPENCE, BEING SO MUCH OR-
DERED BY THE GENERAL COURT, IN THEIR SESSIONS IN JANUARY
LAST, TO BE ADDED TO THE TAX OF THE TOWN OF RUTLAND, THE
PRESENT YEAR, OVER AND ABOVE THEIR PROPORTION OF WHAT
IS LAID ON SAID YEAR.

^ViiEUEAS the great and general court or assembly of this province
did, in their session in May, one thousand seven hundred and fifty-
1768-69, chap. 4, eight, levv a tax of seventy fiiousand eight hundred and nine pounds
thirteen sliillinga and fourpence ; and also, in tiieir session in March,
one tiiousand seven hundred and fifty-nine, did levy another tax of
f()rt\'-six thousand pounds ; and did also, in tlieir session in June, one
thousand seven lunidred and sixty, levy a further tax of seventy-five

• " Who " in the edition of 17G;!.

1768-60, chap.
•M, { 1.

1700-01, clinp. 6,
»2.

[1st Sess.] Phovince Laws.— 1761-62. 473

thousand pounds : all which sums amount to one hundred and ninety-
one thousand eight hundred autl nine ))ounds thirteen shillings and
Iburpence ; and by the aforesaid acts provision was made that the
general court, at this present session, might api)ortion the same on the
several towns, districts, parishes and places within this province, if
they thought fit ; and tvhereas, by an act of the great and general court, i76i-«2, chap, a
made and passed this present session, the treasurer is [e][j']mpowered
and directed to draw upon JNIr. Agent Bollan for the sum of sixty thou-
sand pounds sterling, at the rate of one hundred and thirty-six pounds,
lawful money, for every hundred pounds sterling ; which will amount
to eighty-one thousand and six hundred pounds : which money is ap-
plied by this act for the redemption of government securities that will
become due in June, one thousand seven hundred and sixty-two ; and
ivhereas a number of persons, possessors of government securities, that
will become due in June, one thousand seven hundred and sixty-two,
to the amount of thirty-two thousand nine hundred and seventy-four
pounds thirteen shillings and four[)ence. appear willing to lend the
same to the government, to be redeemed at a distant period ; and this
court having made and passed an act, this session, to enable the treas-
urer to borrow the same ; wherefore, for the ordering, directing and
etfectual drawing in the said sum of seventy-seven thousand two hun-
dred and sixty-six pounds three shilling[i-] and sevenpence, we, his
majest3''s most loyal and dutiful subjects, the representatives in gen-
eral court assembled, pra}' that it ma>' be enacted, —

And he it accordingly enacted hy the Governo[n'\r^ Council and
House of Representatives^

[Sect. 1.] That each town, district, parish, or other place within
this province be assessed and pay, as such town, district, parish and
place's proportion of the sum of sevent^'-seven thousand two hundred
and sixtj-six pounds three shilling [s] and sevenpence, the several sums
following ; that is to sa}', —

474

PROVINCE Laws.— 1761-62. [Chap. 17.]

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Pbovince Laws. — 1761-62.

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PROVINCE Laws. — 1761-62. [Chap. 17.]

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482

Province Laws.— 1761-62. [Chap. 17.]

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[IstSess.] Province La\^s.—17G1-G2. 483

And be it further enacted,

[Sect. 2.] That the treasurer do forthwith send out his wan-ants, Rules for
directed to the selectmen or assessors of each town, district or parish, ^^^e^^^ent.
or other place within this province, that are taxed, requiring tliera, re-
spectiveh', to assess the sum hereb}' set upon such town, district or
parish, or other place, in manner rullowiutr ; that is to sa}-, to assess ail
rateable polls above the age of sixteen years, within tlioir respective
towns, districts, parishes or otlier places, or next adjoining to them,
belonging to no other town or place, at ten shillings per poll, and pro-
portionably in assessing the additional sum received out of the treasury
for the payment of representatives (except[/«[/] the governo[u]r,
lieutenant-governo[u]r, and their families, the president, fellows, pro-
fessors, Hebrew instructor and students of Harvard College, settled
ministers and gramm[e][a]r-school masters, who are hereby exempted
as well from being taxed for their polls, as their estates being in their
own hands, and under their actual management and improvement ; as
also the estate pertaining to Harvard College) ; and other persons, if
such there be. who, thro'[w//<] age, infirmity or extreme poverty, in
the judgment of the assessors, are not able to pay towards public[k]
charges, they may exempt their ijolls. or abate part of what they are
set at, as in their prudence they shall tliink fit and judge meet.

[Sect. 3.] And the justices in their general sessions, in the re-
spective counties assembled, in granting a county tax or assessment,
are hereby ordered and directed to api)ortion the same on the several
towns, districts, parishes and other places in such county, in proportion
to their province rate ; and the assessors of each town in the province
are ^also directed, in making an assessment, to govern themselves b}-
the same rule ; and the incomes of all estates, both real and personal,
lying within the limits of such town, district, parish or other place, or
next unto the same, not paying elsewhere, in whose hands, tenure,
occupation or possession the same is or shall be found ; and also the
incomes oi- profits which any person or persons, except as before ex-
cepted, do or shall receive from any trade, facult}', business or emijlo}'-
ment whatsoever, and all profits which shall or ma}' arise by money, or
commissions of profit, in their improvement, according to their under-
standing or cunning, at twelvepence per pound ; and to abate or mul-
tii)ly the same, if need be, so as to make up the sum set and ordered
hereby for each town, district, parisli or other i)lace to pa}- ; and, in
making their assessment, to estimate houses and lands at six years
yearly rent whereat the same may be reasonably set or let for in the
place where they lye : saving all contracts between landlord and tenant,
and where no contract is, the landlord to reimburse one-half of the
tax set upon such houses and lands ; and to estimate negro, Indian and
molatto servants proi)ortionably as other personal estate, according to
their sound judgment and discretion ; as also to estimate every ox of
four years old and upwards, at forty shillings ; and every cow or heifer
of three j-ears old and u|)wards, at thirty shillings ; and every horse and
mare of three years old and upwards, at forty shillings ; and every
swine of one year old and upwards, at eight shillings ; goats and sheep
of one year old, at three shillings each: likewise requiring the said
assessors to make a fair list of said assessment, setting forth, in dis-
tinct columns, against each particular person's name, how much he or
she is assessed at for polls, and how much for houses and lands, and
how much for personal estate, and income by trade or faculty ; and if as
guardians, or for any estate in his or her improvement, in trust, to be
distinctly expressed ; and the list or lists so perfected, and signed by
them, or the major i)art of them, to commit to the collector, constable
or constal)les of any such town, district, parish or place, and to return

484

Province L4WS. — 1761-62.

[Chap. 17.]

Tiibabitunts to
briii^' in a true
list of their
polls, estate,

TninHlonl
Irailcm to be
rated.

a certificate of the name or names of such collector, constable or con-
stables, with the sum total to each of them committed, unto himself,
sometime before the last da}' of November next.

[Sect. 4.] And the treasurer, for the time being, upon receipt of
such certificate, is hereby [e][/]mpowered and ordered to issue forth
his warrants to the collector, or constable or constables of such town,
district, parish or place, requiring him or them, respectively, to collect
tlie whole of each respective sum assessed on each particular person,
and to pay in their collection, and issue their accompts of the whole, at
or before the thirty-first day of March, which will be in the year of
our Lord one thousand seven hundred and sixty-two.
And be it farther enacted,

[Sect, o.] That the assessors of each town, district, parish or other
l)lace, respectively, in convenient time, before their making of the assess-
ment, shall give seasonable warning to the inhabitants, in a town-meet-
ing or b}- posting [«p] notifications in some place or places in siu-h
town, district, parish or place, or notify the inhabitants some other
way, to give or bring in to the assessors true and perfect lists of their
polls, rateable estate, and income by trade or faculty, and gain by money
at interest, which they are to render to the assessors, on oath, if re-
quired ; and if the}' refuse to give in an account of the money at in-
terest, on oath, the assessors are [e][i]mpowered to doom them ; and
if any person or persons shall neglect or refuse so to do, or bring in a
false list, it shall be lawful to and for the assessors to assess such per-
son or persons, according to their known ability in such town, in their
sound judgment and discretion, their due proportion of this tax. as
near as they can, agreable to the rules herein given, under the penalty
of twenty shillings for each person that shall be convicted by legal
proof, in the judgment of said assessors, in bringing in a false list ; the
said fines to be for the use of the poor of such town, district, parish or
place where the delinquent lives, to be levied by warrant from the
assessors, directed to the collectors or constables, in manner as is directed
forgathering the town assessments, to be paid into the town, district
or parish treasurer, for the use aforesaid : sacing, to the party aggrieved
at the judgment of the assessors in setting forth such fine. lil)erty of
ai)pcal therefrom to the court of general sessions of the iieace within
the county, for relief as in the case of l)eing overrated. And if any
person or persons shall not bring in a list of their estates as aforesaid
to the assessors, he or they so neglecting shall not be admitted to make
application to the court of general sessions, for any aliateinent of tiie
assessment laid on him or them.

[Sect. 6.] And if the person be not convicted of any falseness in
the list, by him i)reseuted, of the polls, rateaide estate, or income by
trade or faculty, business or employment, which he does or siiall exer-
cise, or in gain liy money at interest or otherwise, or other estate not
particularly assessed, such list shall be a rule for such person's pro-
portion to the tax which the assessors may not exceed.

And forasnincli as, oflentinies, sundry persons, not belonging to
this i)rovince, bring considerable trade and merchandize, and by reason
th:it the tax or nitc of the town where they come to is finished and
delivered to the constable or collectors, and, before the next year's
assessment, are gone out of the province, and so pay nothing towards
the support of the government, though, in the time of their residing
here, they reaped considerable gain by tratle, antl had the protection
of the government, —

lie it further endctcd,

[Srxrr. 7.] Tliiit when nny person or persons shnll come and reside
in any town within tliis i»rovince, and liring any mercliandize, and tra<lc

[IST SeSS.]

PiioviNCK Laws. — 17G1-G2.

■485

to tleal therewith, the assessors of sucli town are hereby [e] [tjinpowcred
to rate and assess all siieh persons, aecunling to their eireiiiustances,
pursuant to the rules and direetions of this act provided, though the
former rate may have been Gnished, and a new one not perfected as
aforesaid.

And be it further enxcted,

[Si:cT. 8.] That when an}- mercliant, trader or factor, shall set up
a store, and traflick or carry on an}' trade or business, in any town
witliin this province, not l)eiiig an inhabitant of such town, the assessors
of such town where sucli trade and business shall be carried on as
aforesaid, l)e and herel)y are [e] [«Jmi)Owered to rate and assess all
such merchants, traders and factors, their goods and merchandizes, for
carrying on such trade and business and exercising their faculty in
such town, pursuant to the rules and directions of this act : provided,
before any such assessors shall rate such persons, as aforementioned,
the selectmen of the town where such trade is carried on shall trans-
mit a list of such persons as they shall judge may and ought to be
rated, within the intent of this act, to the assessors of such town or
district.

[Sect. 9.] And the constables or collectors are hereby enjoined to
levy and collect all such sums committed to them, and assessed on
persons who are not of this province, or are residents in other towns
than those where they carr}' on their trade, and pay the same.

And be [_it^ farther enacted,

[Sect. lO.J That the sum of eighty-one thousand six hundred
pounds, being the amount of sixty thousand pounds sterling, which
the treasurer, by an act made and passed this session, is impowered
and directed to draw for, be by him applied, when received into the
treasury, for the redemption of government securities that will become
due in June, 1762, and for no other purpose whatsoever. \_Passed
and published July 11.

Merchants tu be
rated for carry-
ing on tradf in
any other town
besides where
they dwell.

Seluotmi-n to
transmit a IIhI
of Knell persons
before they are
rated.

486

PuoviiJCE Laws. — 1701-02. [Chap. 18.]

ACTS

Passed at the Session begun and held at Boston,
ON the Twelfth day of November, A.D. 1761.

CHAPTER 18.

I)ii)trictof Ware
iucorporatcd.

IntinbltnntH to
be warned, and
by whom.

I'roviHO.

AN ACT FOR ERECTING WARE-RIVER PARISH, SO CALLED, JN THE
COUNTY OF HAMPSHIRE, INTO A DISTRICT BY THE NAME OF WARE.

Whereas the inhal/itants of Ware-River Parish, so called, in the
count}' of Hampshire, have rei)rosentetl to this court tlie great difficul-
ties and inconveniencies they labour under, in their present situation,
and have earncstl}' requested tliat they ma}' be incorporated into a
district, —

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

[Sect. 1.] That the said Ware-River Parish, so called, bounded
as follows ; viz"^'^., southerly, upon Palmer, including that tract of land
in said Palmer which is the propert}' of the heirs of Isaac Magoon,
deceased ; easterly, uj)on Western and Brookfield ; northerly, upon
riardwick and Greenwich; and westerly, upon Swift River, be and is
hereby incorporated into a district by the name of Ware ; and that the
said district be and hereby is invested witii all the priviledges. powers
and immunities that towns in this province, by law, do or may enjoy,
that of sending a representative to the general assembly only excei)ted.

And he it further enacted,

[Sect. 2.] That Eleazer Porter, Esq^''^., be and hereby is directed
and impowered to issue his warrant, directed to some principal inhab-
itant within said district, requiring him to warn the inhahitants of said
district, (lualiliccl to vote in town affairs, to assemble at some suitable
time and place in said district, to chuse such officers as are necessary
to manage tiie affairs of said district.

Provided, nevertheless, —

[Sect. .*}.] Tiie iniial)itants of said district of Ware shall pay their
proporti()nal)le part of all such town, county and province charges as
are already assessed, in like manner as tho tiiis act had not l)t'en made ;
and that part of the i)rovince tax wiiich is the proportion of the said
Magijou's farm, shall hereafter be abated tiie distrii-t of Palmer, and
be l)orne and paid by the said district of Ware. [^Passed November
25 ; * published November 28.

* Signed November 28, according to the record.

[2d Sess.]

Province Laws. — 1761-62.

487

CHAPTEK 19.

AN ACT FOR EXCHANGING OF MEADOW AND MEADOWISII GROUND
BELONGING TO THE FIRST PRECINCT IN MARSIIFIELD, IN THE
COUNTY OF PLYMOUTH, WITH NATIIAX[I][.1]EL RAY THOMAS, OF
SAID MARSIIFIELD, GENTLEMAN, FOR SALT MEADOW.

Whereas Iho said precinct is seized and possessed of a certain tract Preamble,
of land or nicadowisli land, containing ninety acres, more or less, s[c]it-
nate in JNIarshlield, aforesaid, on the south side of Green's-IIarbour
Kiver, so called, IxMinded easterly by the meadow formerly granted by
the town of Marshlield to Mr. William Thomas ; north-westerl}- b^-
Green's-Harbour River, as it runs and extends up stream, 'till it comes
to the upper end of the great fresh marsh called Green's-Iiarbour-
River Marsh, where the river comes to the upland at the head of said
marsh ; and is bounded, southerly, b}- the land granted by the court of
New Pl3"raouth to Mr. William Thomas, to be holden as a perpetual
p[a][e]rsonage ; and whereas the said Nathan [i] [a] el Raj" Thomas
is seized and possessed of a large quantit}* of salt meadow, as an estate
in tail, thirty acres whereof is bounded as follows; viz"^'^., beginning
•below Hoockan[u][^e]m Point, so called, by a stake standing on the
south-east side of Green's-Harbour River ; and from thence, south, sev-
enty' degrees east, niuet3'-one rod and an half, to a stake standing b}'
a ditch ; and from thence, north, thirty-five degrees east, b}- said ditch,
twenty-six rods and three-quarters, to said river ; and from thence, b}'
said river, up stream, 'till it comes to the bounds first mentioned ;
exclusive of a little sedge-island in said river, on the easterh- side of
the premis[s]es, as the same was laid out by Mr. John Wadsworth,
surveyor, on oath ; and ivhereas the said parish, as well as the Rev-
erend Mr. Thomas Brown, the present minister, on the one part, and
the said Xathan[i][a]el Raj' Thomas, on the other, for their mutual
advantage and benefit, have agreed to an exchange of the above-
recited premisses; that is to say, that the said precinct, by its present
minister, and so, in succession, to them, and all future ministers, forever,
shall have, hold, possess and enjoy the said thirty- acres of salt meadow
above described and bounded, and for the same uses and purposes as
they heretofore held and enjoj'cd the aforesaid ninety acres ; and that
they, in perpetual succession, shall forever be excluded from any preten-
[s][^]ions to the said ninety acres ; and that the said Nathan [i] [a]el
Ray Thomas shall have, hold, j^ossess and enjo}' the said ninety acres
of meadow and meadowish lands, aforesaid described and bounded, as
an estate in tail, to him and his heirs, in the same manner, to all intents
and purposes, as he heretofore held and enjoyed the aforesaid thirt}'
acres ; and that he, and his heirs in tail, shall forever be excluded from
any i)reten[s][i]ion or claim, whatever, to the said thirty acres of salt
meadow, —

Be it therefore enacted by the (?ot;erno[u]r, Council and House of
Representatives,

That the afore-recited agreement, between the said first parish in Agreement of
Marshfield, and the said Nathan[i][a]el Ray Thomas, be and hereby tmld!''"'' "''"
is confirmed ; and that the said parish, bj' its present minister, and so
to them in future, and to all succeedilig ministers, forever, shall have,
hold, possess and enjoy the said thirty acres of salt meadow, in as
ample a manner, and to the same use, as they heretofore possessed the
said ninety acres ; and they and every of them from any pretensions
to the said ninetj- acres shall forever be excluded and debarred ;
and that the said Nathan[i][a]el Raj- Thomas, and his heirs in tail,

4:o8 PiiuviNUE Laws.— 17G1-G2. [CHAra. 20, 21.]

shall, forever hereafter, in as ample a manner, have, hold, possess and
enjoN' the said ninety acres in the same waj' and manner as he hereto-
fore held and possessed the said thirty acres of salt meadow ; and he,
and his heirs in tail, shall forever be excluded from anj' right or preten-
[s][<Jion to said thirty acres of salt meadow aforementioned. \_Passed
and published November 28.

CHAPTER 20.

AN ACT TO ANNUL[L] A DIVISION HERETOFORE MADE BY THE PRO-
PRIETORS OF COMMON AND UNDIVIDED LANDS IN A PLACE, CALLED
PHILLIPSTOWN, IN THE COUNTY OF YORK.

Preamble. Whereas the proi)rietors of the common and undivided lands in a

place, called Phil[/]ipstown, in the county of York, have petitioned
this court, setting forth that, in order to an effectual settlement of the
said lands, it is needful [1] that a division be made thereof, that so each
proprietor ma}- know and settle his part in severalt}' ; and that it
appears by the records of said pro^jrietors that, in the ^'car 1730, li
division was made of two thousand acres, part of the said land, into
fort}' lots of fifty acres each, and tliat the proprietors drew their several
lots in the said division ; but that it no way appears where and in what
manner the said lot[t]s were laid and bounded, nor any i)lan of the
division being to be found, the petitioners did thereu[)on pray that the
said ancient division ma}-, by the authority of this court, be annulled
and vacated, to the end they may proceed regularly in a new division : —
Be it therefore enacted bj/ the Governor, Council and House of
Representatives,

DiviMion In 1730 [8ect. 1.] That the Said division, made in the said year 1730, be

declared void. j^,j^| hereby is annulled and made void ; and that the said proprietors
be and hereby are enabled to proceed to a division of the whole, or
any part of the lands by them held in common, as aforesaid, as they
might have done if the division aforesaid, in the year 1730, had never
been made.

Provided, always, —

Proviso. [Sect. 2.] That nothing in this act shall be understood, or con-

strued, to affect the right or title of any person actually settled upon
lands, in any i)art of Phil[^]ipstown, assigned or allotted to him before
the making of the division aforementioned; but such right and title
shall be and remain as if this act had never been passed. [^Passed
November 28.

CHAPTER 21.

AN ACT IN ADDITION TO AN ACT, MADE AND PASS[E]'D IN THE TENTH
YEAR OF QUEEN ANNE, INTIT[{7]LED "AN ACT FOR SUPPRESSING
ROBHERIES AND ASSAULTS."

prfnnihip. WiiKUEAS thc act intit[?i]led " An Act for sui)pressing robberies

J7^ii-r2,chup. 2. .,,,,1 jissaults," made and pass[e]'d in the tenth year of Queen Anne,
is iiisuiricient to restrain ill-minded and wicked ruflians from assaulting
and robliing his majesty's liege people as they are travelling the com-
mon roads, highways or streets, —

[2d Sess.]

PitovLNCE Law.s. — 1T01-G2.

489

►

victcd guilty of
felony.

Preainblf.

Be it enacted by the Governo[^n^)% Council and House of Representa
fives,

[Sect. 1.] Tluit every per^^oIl or per.sons tbat sliall, after the first Persons
day of December next, assault, rob and take awa}- from tlic person of
another, in or upon an}- liighwa}", street, passage, field or open place,
any money, goods, cloatliing or other thing, whatsoever, and shall be
thereof convict, shall be adjudged guilt}' of felony, and suffer the pains
of death accordingly, without benetit of clergy.

Aiid icliereas, by the act aforesaid, it is enacted that whoever " shall
be convicted of assaulting or offering any violence or insolence to
any woman or womankind in the fields, streets or lanes in any town,
or of despoiling them, damnifying or defacing any of their attire or
ornaments, or attempting the same, shall be punished by being pub-
lickly whipped, not exceeding ten stripes, or by being committed to the
house of correction, to receive the discii)line of the house, and continue
there by the space of thirty days, and kept according to the rules and
orders of the house, and also find sureties for the good behaviour,
before he be discharged ; and any two justices of the peace, quorum
uHus, in the vacancy of the court of general sessions of the peace, are
im[)owered to hear and determine this offence," —

Be it further enacted,

[Sect. 2.] That, instead of the above-mentioned offence being tried
by two justices of the peace, quorum unus, it shall be tried by the
justices of the court of general sessions of the peace, who are hereby
[e][/]mpowered and directed to try the same; and the person or
persons convicted shall be sentenced to pay a fine not exceeding ten
pounds, at the discretion of the justices, according to the nature of his
or their offence, or to be i)ublickly whipped, not exceeding ten stripes ;
an}' law, usage or custom to the contrary notwithstanding. \_Passed
and published November 28.

Justici'B of the
court of Uie
sessions, to try.

A90

riiOViNCE Laws. — 17G1-G2.

[CiiAP. 22.]

ACTS

Passed at the Session begun and held at. Boston,
ON THE Thirteenth day of January, A.D. 1762.

CHAPTER 22.

AN ACT IN ADDITION TO AN ACT, INTITULED "AN ACT FOR SUPPLY-
ING THE TREASURY WITH THE SUM OF FORTY-NINE THOUSAND
ONE HUNDRED POUNDS, TO BE THENCE ISSUED FOR THE DIS-
CHARGING THE PUBLICK DEBTS, AND DRAWING THE SAM^ INTO
THE TREASURY AGAIN," AND TO ONE OTHER ACT, INTITULED "AN
ACT TO SUPPLY THE TREASURY WITH THE SUM OF THIRTY-NINE
THOUSAND POUNDS."

i'roamble.
17C1-62, chap.

1761-62, chap.
15.

'I'rcaaurer to
Ihhiio notes of I
new form.

iMinii of troas-
urirr's receipt.

1740-50, chap.
IW.

Whicreas, in and by an act of the great and general court, made and
pa.ssed at their session in Ma}', one thousand seven hundred and sixty-
one, the treasurer was impowered and directed to borrow a sum, not
exceeding forty-nine thousand and one hundred pounds, and by one
other act, made and passed at the same session, the treasurer was im-
jjowered and directed to borrow a further sum, not exceeding tliirty-uine
tliousand pounds, l)oth which sums amount to eightj'-eight thousand
one hundred })ounds ; for which sums, by the acts aforesaid, the treas-
urer was to give his receipts, or olihgations, to repay the same upon the
twentielli of June, one thousand seven hundred sixtv-three ; and it
appearing to this court lliat the treasurer has not borrowed the afore-
said sum of eight3'-eiglit thousand one hundred pounds, nor any part
thereof; and whereas the parliamentary grants for several years past
have been reniittetl, and received into the treasury of lliis province, in
gold coin, and |)aid out to tlie several province creditors to whom it
was due, and gold is now become by far the greatest part of the medium
of trade in tiiis province ; and it may be greatly to the disadvantage
of the people of this province to be obliged to p;iy their taxes, for the
money which is yet to l)e borrowed by the treasurer, in an}- other species
tJKui in such money as has been received as aforesaid, —

Be it therefore enacted h>/ the Governor, Council and House of
Jiepresentatioes,

[Skct. 1.] That the treasurer, instc:id of giving his receipts or
obligations in the manner and' Ibrm .igieed on l)y the acts aforesaid,
shall give his receipts or obligations in the form following; viz., —

rroviiicc (if lilt' Massachusetts Bay, the tlay of . .\.l).

RoiTowcd and received of the sum of . for llio use and

scrvicn of the province of the Massacliusctts l?ay; and. in bflialf of said jirov-
iiice, I do luTchy ]Monuso and oblige myself and snccessms in the otHco of treas-
urer to repay the said or to liis order, (he dfvy of
, A.D. , the aforesaid .sum of ,
in Spani.sh niill'd dollars at six shillings eaih. or in the .several species of
coined silver and gold enumerated in an act made and ^ias.scd in the twenty-
third year of his late inajesty King George the Second, intituled "An Act for

[3d Sess.]

rilOVINGE J^AWS. — 1701-62.

491

ascertaining the rales at ^\hich coined silver and gold, English halfpence and
farthuigs, may pass witliiii this goveruiiicut," and according to the rates therein
mentioned, with interest, annually, at six per cent.
Witness my hand. H. G., Treasurer.

A. B.J

C. D., > Committee.

E. F.,\

— which form, except as is hereafter provided, shall be printed upon To be stamiicd.
the most suitable paper that can be provided by the treasurer, and a
suitable border round the same, — with the words '• Province of the
Massachusetts Bay," the word "Committee," and the words "Wit-
ness my hand," — shall be struck off from a copper-plate, which the
treasurer likewise is hereby directed and impowered to procure : and
each blank, before it be filled up, shall be stamped, iu some convenient
part of it, with a stamp of a new form, to be procured b}- the treasurer
for that purpose.

And be it further enacted,

[Sect. 2.] That a committee of three shall be appointed by the Committee to
general court, who shall sign all the blanks, at the left hand, as in the treasurer'^*
form aforesaid is prescribed, before the treasurer fills them up ; and
tlie said treasurer and said committee are also impowered and directed
to dispose of the custody of said copper-plate, and stamp, in such man-
ner as in their discretion shall appear most likelj- to prevent any frauds
or counterfeits ; and the said committee, and all persons to be emplo3ed
iu the printing, engraving or stamping of said blanks, shall be under
oath to the faithful discharge of their respective trusts. \^Passed Jan-
uary 31 ;* ^'''-Mislied February 15, 1762.

CHAPTER 23.

AN ACT TO SUPPLY THE TREASURY WITH THE SUM OF TWENTY-
FIVE THOUSAND POUNDS.

AVnEREAS there is no provision made by this court to pay off the Preamble,
forces emplo3'cd b}' this government for their services in the year one
thousand seven hundred and sixty-one, under the command of General
Amherst, —

Be it enacted by the Governo[\\\r , Council and House of Represen-
tatives,

[Sect. 1.] That the treasurer be and he hcreb}- is directed and
[e][i]mpow[e]red to borrow, from such person or persons as shall be
willing to lend the same, a sum not exceeding twent3'-five thousand
pounds, in mill'd dollars at six shillings each, or in coined silver and
gold at tlie rate mentioned in an act of this province made and passed
in the twentj'-third year of his late majest}' George the Second, inti-
l[«]led •• An Act for ascertaining the rates at which coined silver and
gold, and English halfpence and farthings, ma}' pass within this gov-
ernment."

And for the sum so borrowed, the treasurer shall give his receipts or
obligations in the form following ; viz^'^., —

Province of the Massachusetts Bay, the day of , A.I). . FormofiroaR-

Bonowed and received of the sum of , for tlie use """er's receipt,

and sers'ice of the province of the Massachusetts Bay; and, in behalf of said

* Signed March G, according to the record.

Treasurer em-
jjowcrod to bor
row £26,000.

1749-50, cliaii
I'J.

492

PiiovLNCE Laws. — 1701-62.

[Chap. 23.]

To be stamped.

Committee to
hign with the
treasurer.

Money bor-
rowcil, how to
be applied.

Tux of f-W.OOO,
granlcd In 1704.

Uiile for nppnr-
llotilnir ftie lax,
III caHc no (ax
net Khali be
ngrcod on.

province, I do hereby promise and oblige myself and successors in the office of
treasurer to repay to the said or to his order, on the twentieth

day of June, A.l). one thousand seven hundred aud sixty-five, the aforesaid
sum of , in Spanish mill'd dollars at six shiDings each, or in tlie

several species of coiu'd silver and sjold enumerated in an act, made and passed
in the twent3'-third year of his late majesty Kin<^ George the becoud, inti-
t[«]led " An Act for ascertaining the rates at wliich coined silver and gold,
English halfpence and farthings, may pass withm this government," and ac-
conling to the rates therein mentioned, with interest, aimually, at six per cent.
Witness my hand. H. G., Treasurer.

A. B.,)

C. D., > Committee.

E. F.,^

— and no receipt shall be given for less than six pounds ; which form,
excepting as is hereafter provided, shall be printed upon tlie most
suitable paper that can be procured by the treasurer ; and a suitable
border round the same, also the words "• Province of the Massachu-
setts Bay," the word "Committee," aud the words "Witness my
hand," shall be struck off from a copper-plate, which the treasurer like-
wise is empowered to procure : and each blank, before it is filled up,
shall be starapt with a stamp, of a new form, to be procured by the treas-
urer t'vv that purpose.

And be it farther enacted,

[8i:cT. 2.] That a committee of three shall be appointed by the
general court, who shall sign all the blanks, at the left hand, as in the
form aforesaid is prescribed, before the treasurer lill them u}) ; and
the said treasurer and said committee are also [c][/]mpowered and di-
rected to dispose of the custod}' of said copper-plate, and stamp, in such
manner as in their discretion shall appear most likely to prevent any
frauds or counterfeits ; and the said committee, and all persons to be
employed in the printing, engraving or stamping of[f] said blanks,
sluiU ])e under oath to the faithful discharge of their respective trusts.

Be it farther enacted,

[SixT. 3.] That the monies borrowed b}' the treasurer, b}' virtue of
this act, shall be appl[i][?/]ed for the payment of the forces employed
Ij}' this government in the 3ear one thousand seven hundred and sixt}--
onc, and drawn out of the pul)lic[k] treasury, by warrant from the
governo[u]r, with advice of council, upon the appropriation for the
campaign in the year one thousand seven hundred and sixtj'-one.

And in order to draw said money into the treasury- again, and enable
the treasurer effectually to discharge the receipts and obligations (with
the interest that may be due thereon) b}' him given in pursuance of
this act, —

Be it enacted,

[Sect. 4.] That there be aud hereby is granted unto his most ex-
cellent majest}' a tax of thirty thousand pounds, to be levied on [the]
polls, and estate both real and personal, within this i)rovince. accord-
ing to such rules and in siuh proportions on the several towns and dis-
tricts within this province, as shall be tigreed on and ordered by the
general court or asseml)l3' at their sessions in Ma}', one thousand seven
hundred and sixty-four, aud to be paid into the publick treasur}' on or
before the last day of March then uext after.

And be it farther enacted,

[SiXT. 5.] That if the general court, at their sessions in May, one
thousand seven Innidred and sixty-four, and sometime l)efore the twen-
tieth day of June in said year, shall not agree and couihide tipou an
act iippoitiouing the sums which, b}- this act, are engagt'd to be in said
year apportioned, assessed and levied, then and in such case, each
town and district within this province shall pay, l)y a tax to be le\ led

[3d Sess.]

Province Laws. — 1761-62.

493

on the polls, and estates both real and personal, within their limits, the
same pi'0[)ortion of the said sum as the said towns and districts were
taxed by the general court in the tax act then last preeeeding.

[Sect. 6.] And the province treasurer is hereby full}- [e][i']rapovv-
ered and directed, sometime in said month of June, in the same year,
one thousand seven hundred and sixt3--four, to issue and send forth
his warrants, directed to the assessors or selectmen of each town and
district within this province, requiring them to assess the polls, and
estates both real and personal, within their several towns and districts,
for their respective parts and proportions of the sums before directed
and engaged to be assessed, to be t)aid into the treasur}- on the afore-
mentioned time ; and the assessors, as also persons assessed, shall
observe, be governed by, and subject to, all such rules and directions as
shall have been given in the last preeeeding tax act ; and the secretary
to whom it belongs to keep the muster-rolls and accounts of charge,
shall lay before the house of representatives, when the}' direct, such
muster-rolls and accounts, after paj'ment thereof.

Provided, alwuj/s, —

[SixT. 7.] That the remainder of the sum which shall be brought Ptovibo.
into the treasury' b}- the taxes ordered by this act to be assessed and
levied, over and above what shall be sutiicient to discharge the notes
and obligations aforesaid, shall be and remain as a stock in the treas-
m-y, to be applied as the general court of this province shall hereafter
order, and to no other purpose whatsoever. [^Passed January 29 ; *
published February 15, 1762.

CHAPTER 24.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON SPIRITS
DISTILLED, AND WINE, AND UPON LIMES, LEMMONS AND ORANGES.

We, his majesty's most loyal and dutiful subjects, the representa- Preamble,
tives of the jH-ovince of the Massachusetts Ba}'. in general court assem-
l)led, being desirous of lessening the present debt of the province, have
chearfully and unanimously granted, and do hereby give and grant
unto his most excellent majesty, for the end and use al)ove mentioned,
and for no other use, an excise upon all rum, and other spirits distilled,
and upon all wines whatsoever, and upon Icmmons, limes and oranges,
to l)e raised, levied and collected, and paid in manner and form fol-
lowing : —

And be it accordingly enacted by the Governor^ Council and Hotise of
Rr])r('sentatives,

[Sect. 1.] That from and after the twenty-fifth day of March, one Timoof tiiU
thousand seven hundred and sixty-two, and until the twenty-sixth day aticl*^"" '""
of March, one thousand seven hundred and sixty-five, every person
already licen[s][<-]ed, or that shall be hereafter licen[s][c]ed, to retail
rum or other spirits distilled, or wine, shall pay the duties following: —

For every gallon of rum and sjiirits distilled, eightpence.

For every gallon of wine, of every sort, twelvepence.

For ever}- hundred of lemmons or oranges used and consumed in
making punch, or otherwise for sale b}' taverners and innholders only,
eight shillings.

For ever}' hundred of limes used and consumed in making punch, or Accounutobe

taken.
• Sigued March G, 1762, accorcliug to the record.

494

Province Laws.— 1761-62. [Chap. 24.]

otherwise for sale bv taverners and innholders onl}', three shillings.
— And so proportionably for tiny quantity or number.

Ayid be [?Y] farther enacted,

[Sect. 2.] That ever}' retailer of rum, wine or spirits distilled,
taverner, innholder and common victualler, shall, on the twenty-sixth
day of IMarch, one thousand seven hundred and sixty-two, take a just
and true account, in writing, of all wine, rum and spirits distilled, then
by liim or her, or in his or her possession ; and that evcrv person who
shall be hereafter liccn[s][r]ed to be a taverner, innholder, common
victualler and retailer of wine, rum or spirits distilled, shall take a like
account of all wine, rum and other spirits distilled, by him or her, or in
his or her possession, at the time of such licen[s][c]e granted; and
ever}' taverner, innholder, common victualler and retailer of rum or
other spirits distilled, or wine, shall make a fair entry, in a book by
them respectively to be kept for that purpose, of all such rum, or other
spirits distilled, or wine, as he or she, or any person or persons for
him or her, shall buy, distill, take in or receive, after such first account
taken, and when and of whom the same was bought and taken in ; and
at the expiration of every half-year shall take a just and true account
how much thereof then remains by them ; and shall, in writing, under
their hands, render to him or them that shall collect the duties afore-
said the whole of those several accounts, and shall also make oath, in
the form following, before such collector or collectors, who are hereby
impowered to administer the same : —

Form of the
outh.

Penalty for col-
l(jclor*8 recclv-
ini> nccounls
williuut oath.

Oiiib to bo
viiiU-U.

DiiMi'ii to tbo
col lector.

Ten per cent

You, A. B., do swear that the account by you now rendered, is, to the best
of your knowle[d]ge, a just and true account of all wines, rum and distilled
spirits you had by you, or in your possession, on the twenty-sixth day of
March, one tliousaud seven hundred and sixty-two, and also of all the wine,
rum and other distilled spu'its bought, distilled, taken in or received by you,
or by any person or persons for or under you, or by or with your knowledge,
allowance, consent or connivance, and that there still remains thereof in your
possession, unsold, so much as is in this accoiuit said to remain by you unsold;
and that you do not know or believe that there has been by you, or by any
other person or persons for or under you, or by your or their order, allowance,
consent or connivance, either directly or indirectly, sold, used or consumed
any wine, or any liquor for, or as, wine, any rum or distilled spirits, or liquor
for, or as, rum or distilled spirits; or that there has been any limes, lennnons
or oranges by you, or by any person or persons for or under you, or by your
order, consent, allowance or connivance, used in making punch, or otherwise
for sale, since the said twenty-sixth day of March, one thousand seven hun-
dred and sixty-two, besides what is contained in the account by you now
rendered. So help you God.

— and every collector of the excise who shall receive any account from
any person, in consctiiience of this act, without their making oath to the
same, as aforesaid, shall forfeit and pay for the use of the government
the sum of twenty pounds.

[Skct. .I.] And for every person that was not licen[s][c]ed on
the same twenty-finii day of INIarch, the form of the oath shall be so
varied as that instead of expressing the d.ay aforesaid, the time of
taking and rendering their last accoinits shall be inserted and used;
anil for every person rendering an accotmt after the first, the oath shall
be so varied, as that, instead of expressing the day aforesaid, the time
of taking and rendering their last accounts shall be inserted and used.

[SrxT. I.] And every such taverner. innholder, retailer and com-
mon victualler shall pay the duties aforesaid to him or them that shall
collect the sanu\ on the whole of the several articles mentioned in such
jiecount rendered. suriiKj (nih/ for such part thereof as remains in their
hands unsold: 2>rovidvd, nevertheless, tluit for leakage, «S:c^*'., ten per

[8d Sess.]

Province Laws.— 1761-62.

495

cent shall be allowed them on all liquors in such account mentioned,
besides what remains in their hands unsold.

And be it farther enacted,

[Sect. 5.] That ever}' person hereafter licon[s][o]ed to be a tav-
erner, innholder, common victualler or retailer of an}' wine, rum or
spirits distilled shall, within thirty days after such licen[s][c]e granted,
anil before he or she shall sell by virtue of the same, not only become
bound to keep good rule and order, as by law is already required, l)ut
shall also become bound, with sufficient sureties, l)y way of recognizance,
to his majest}', for the use of this government, in a sufficient sura, to be
ordered by the court that grants the licen[s][':]e, which sum shall not
exceed three hundred pounds nor be less than fift}' pounds, condi-
tioned that they shall keep and render the accounts aforesaid, and pay
the duties aforesaid, as in and by this act is required.

And he it farther enacted,

[Sect. G.] That every such taverner, innholder, common victualler
antl retailer, who shall neglect or refuse to take, keep and render such
accounts as by this act are required, or that shall neglect or refuse to
take the oath aforesaid, shall forfeit and pay, to him or them that shall
collect the duties aforesaid, double the sura which the court of general
sessions of the peace in that county shall adjudge that the duties of
excise upon the liquors, limes, lemmons and oranges, b}' such taverner,
iimholder, common victualler or retailer, or b}' any for, by or under
him or them, sold, used or consumed would have amounted to ; and no
person[«] shall be licen[s][c]ed by the justices of the general sessions
of the peace, who have not accounted with the collector, and paid him
the excise aforesaid, due from such person at the time of his or her
taking or renewing his licence.

And ichereas, notwithstanding the laws made against selling strong
drink without licence, many persons, not regarding the penalties of
said acts, do receive and entertain persons in their houses, and sell
great quantities of spirits and other strong drink, without licence, by
reason whereof gi'eat debaucheries are committed and kept secret, and
such as take licences and pay the duties of excise therefor are greatl}"
wronged, and the government thereb}- defrauded, —

Be it therefore enacted,

[Sect. 7.] That if any distiller, importer, or any other person what-
soever, after the said twentj'-fifth day of March, shall presume, directly
or indirectly, to sell any rum or other distilled spirits, or wine, in
less quantit}' than twenty-five gallons, or any beer, ale, cyder, perry
or other strong drink, in any quantity lese than ten gallons, without
licence first had and obtained from the court of general sessions of
the peace in that county, and recognizing in manner as aforesaid, shall
forfeit and pay for each offence the sum of four pounds and costs of
prosecution, two thirds for the use of the government, and the other
third for the prosecutor ; and all such as shall neglect or refuse to pay
the fine aforesaid, shall stand closely committed in the common goal of
the county, and not have the liberty of the goaler's house or 3'ard,
until said sum of four pounds is paid, with costs; and any goaler
giving liberty contrar}' to this act, shall forfeit and pay the said sum
of four pounds, to be disposed of in manner aforesaid, and costs of
prosecution.

And ichereas some doubts have arisen whether the lending or deliver-
ing rura, brandy or other spirits distilled, or wine, to others, for their
use, upon agreement or conQdence of having the like liquors returned
again, be a sale thereof; wherefore, for removing all such doubts, —

Be it enacted,

[Sect. 8. J That all rum, brandy and other spirituous hquors, and

allowed for
Icakiigc.

Tavcrnei'8, &c.,
to give bund.

Forfoituro for
neglect in keep-
ing and render-
ing accounts.

Preamble.

Forfeiture for
Belling without
liuense.

Preamble.

Liquorn lenl or

496

Province Laws. — 1761-62.

[Chap. 2-4.]

delivered on
certain consid-
eration, to be
deemed a Bale.

ProviBO.

Preamble.

Persons not
licensed supply-
in<; those em-
ployed by them
ill llio fishery,
\i-., Nvilh spir-
ituous liquois,
to be deemed
Be Hers.

One witness
Bullleient for
conviction.

Penally for sell-
U\\f Htroni! drink
to iieKroeR, mu-
Ultooa, 8co.

wine, lent or delivered to others for their use, upon such like considera-
tion, is and shall be deemed and taken to be an absolute sale thereof;
and that every person not licenced as aforesaid, that shall order, allow,
permit or connive at the selling any rum, brandy or other distilled
spirits, or wine, contrary to the true intent and meaning of this act, b}'
his or their child or children, servant or servants, or an}- other person
or persons in or belonging to his or her house or family, shall be
doomed and taken to be the seller of such liquors, and be subject to the
nfuresaid pains and penalties provided against such offenders, and shall
be recovered in like manner: ^^rouKZeci, that if it shall be made to ap-
l)ear that the liquors lent or delivered as aforesaid shall have had the
duties paid ui)0U them, or were purchased of any person or persons
having licence or permit, the person lending or delivering the same, as
aforesaid, shall not be subject to the aforesaid i)ains and |)enalties.

And lohereas divers other persons than those licen[s][cied to sell rum
and other distilled spirits h\ retail, have heretofore supplied persons
employed by them in the fisheiy, l)uilding vessels, and in other business,
without paying any excise therefor, and thereby have defrauded the
government of the duties of excise, and have not been subject to the
penalty provided by law against selling drink -without licence, and
the same practice will probably be continued unless effectual care be
taken to prevent the same, —

Be it therefore further enacted,

[Sect. 9.] That all persons not licenced as aforesaid, who horc-
afler shall, by themselves, or b}' any other person or persons under
them, or by their orders, allowance or connivance, suppl}' an}- person
or persons [i][e]mploycd liy them in the fishery, building of vessels, or
any other business or employ, with rum or any other distilled spirits,
or wine, shall be deemed and taken to be sellers of such liquors, and
bo sul)jcct to the aforesaid pains and penalties provided against persons
soiling any of the liquors aforesaid without licence, and shall 1)0 re-
covered in like manner, unless they make it appear that such wino,
rum or other distilled spirits was purchased of a taverner, innlioldor
or retailer, or other person or persons that had licence or permit to soil
the same.

And be it further enacted,

[Sect. 10.] That when any person shall be charged with selling
strong drink without licence, one witness produced to the satisfaction
of the court or justice before whom the trial is, shall be doeniod siifli-
ciont for conviction. And when and so often as it shall be observed that
there is a resort of persons to houses suspected of soiling strong drink
witiiout licence, any justice of the peace in the same county, shall have
full power to convene such persons before him, to examine them, upon
oath, concerning the persons suspected of soiling or retailing strong
drink in such houses, outhouses or other dopondencios thereof; and if,
upon examining such witnesses, and hearing the defence of such sus-
pected person, it siiall appear to the justice there is swdloiont proof of
tiie violation of this act by selling strong drink without licence, judg-
ment may thereupon be made uj) against such person, and he shall
forfeit in like manner as if process had boon commenced by action or
inlormation before tlio said justice ; or otherwise the said justice may
bind over the person suspected, and the witnesses, to the next court of
general sessions of the peace for the count v where such person shall
dwell.

And be it further enacted,

[Sect. 11.] That when and so often as any person shall be charged
with selling strong ilrink without licence to any negro. Indian or mo-
latto slave, or to any child or other person under tiie age of discretion.

[3d Sess.] Province Laws.— 17G1-C2. 497

and other circumstances concurring, it shall appear to be highly prob-
able, in the judgment of the court or justice before whom the trial shall
be, that the i)erson complained of is guilty, then and in every such
case, unless the defendant shall accfuit him- or herself upon oath (to be
administred to him or her by the court or justice that shall try the
cause), such defendant shall forfeit and pay four i)ounds, one third to
the informer, the other two tliirds to the collector of excise for the use
of the government, and costs of prosecution ; but if the defendant shall
accjuit him- or herself upon oath, as aforesaid, the court or justice may
and shall enter up judgment for the defendant to recover costs.

And be it further enacted,

[Sect. 12.] That if any person or persons shall be summoned to Penalty on por-
appear before a justice of the peace, or the grand jury, to give evidence ^"e evidonce.'^
relating to any i)erson's selling strong drink without licence, or to
appear before the court of general sessions of the peace, or other court
proper to try the same, to give evidence on the trial of any person
informed against, presented or indicted for selling strong drink without
licence, and shall neglect or refuse to appear, or to give evidence in
that behalf, every person so otfending shall forfeit the sum of twenty
pounds and cost of prosecution ; the one half of the penalty aforesaid
to be to his majesty for the use of the province, and the other half to
and for the use of him or them who shall sue for the same as aforesaid.
And when it shall so happen that witnesses are bound to sea before the
sitting of the court where any person or persons informed against, for
selling strong drink without licence, is or are to be prosecuted for the
same, in every such case, the deposition of any witness or witnesses,
in writing, taken before any two of his majesty's justices of the peace,
quorum unus, and sealed up and delivered into court, the adverse party
having first had notice, in writing, sent to him or her, of the time and
place of caption, shall be esteemed as sufficient evidence, in the law,
to convict any person or persons offending against this act, as if such
witness or witnesses had been present at the time of trial, and given
his, lier or their deposition v/[y]a voce ; and ever\- person or persons
who shall be summoned to give evidence before two justices of the
peace, in manner as aforesaid, and shall neglect or refuse to appear, or
to give evidence relating to the facts he or she shall be enquired of,
shall be liable and suV)ject to the same penalty as he or she would have
been, by virtue of this act, for not appearing, or neglecting or refusing
to give his or her evidence before the grand jury or court aforesaid.

And be it further enacted,

[Sect. 13.] That all fines, penalties and forfeitures arising by this now fines, &c.,
act shall and may be recovered by action or information before any "^gj" ^'^ "■'"'^'
court of record proper to try the same, and, where the sum forfeited
doth not exceed four pounds, b}' action or information before any one
of his majesty's justices of the peace in the respective counties where
such ortence shall be committed : which said justice is hereby [e][<']ni-
powered to try and determine the same. And said justice shall make a
iair entry or ivcord of all such proceedings : savinr/, (dwai/s, to any per-
son or persons wlio shall think him- her- or themselves aggrieved by the
determination of said justice, liberty of api)eal therefrom to the next
court of general sessions of the peace to l)e holden for and within said
county, at which court such offence shall he finally determined : provided,
that in the same appeal the same rules be observed as are already re-
quired by law, in appeals, from justices, to the court of general sessions
of the peace, saving, onI>f, that the recognizance for prosecuting the
appeal shall be eight pounds.

Aiid be it further enacted,

[Sect. 14.] That every collector shall settle all accounts relating Collector to set-

498

Province Laws.— 1761-62. . [Chap. 24.]

tie accoonts.

Collectors of the
excise to be ap-
pointed by the
general court.

to said ex<'ise in the several towns of the county where he is collector,
lirst giving seasonable and pnljlick notice of the time and place or
places where said business shall be transacted.

And be it fitrther enacted,

[Six'T. lo.] That there be one or more collectors in each county
appointed b}' the general court, — or courts of general sessions of the
peace, where it shall hap[)en that such collector refuse to accept said
oflice, or be removed by death or for mismanagement, — to take charge
of this duty of excise, who shall have full power to inspect the houses
of all such as are licenced, and of such as are suspected to sell without
licence, which collector shall be upon oath to take care of the execur
tion of this law, and to prosecute the breakers of it.

[Sfxt. 10.] And every collector of the excise in an}- county ma}'
sul)stitute and appoint one or more deputy or deputies under him, upon
oath, to collect and receive the excise aforesaid, which shall become
due in said county, and pa}- in the same to such collector, wliich deputy
and deputies sliall have, use and exercise all such powers and authori-
ties as in and by this act are given or committed to the collector for
the better collecting the duties aforesaid, or prosecuting otlenders
against this act; for the doings of such deputies the collectors respec-
tively shall be accountable.

[Sect. 17.] And the said collectors shall carefully examine the
accounts of every licenced person in their respective counties, and
demand, sue for, and receive the several sums due from them, by this
act, and shall give in the name of every licenced and permitted person,
and an account, under their hands, of the particular suras they receive,
and of whom received, unto the treasurer, upon oatli ; which oath the
treasurer is hereby [e][ Empowered and directed to administer in the
words foUowinsf ; viz"^'^., —

l'"orra of the
oath.

Collectora to
give two re-
ceipts for every
Bum received.

Collectors' fees.

Bond to be iflv-
en lo the treas-
urer, lor treble
the sum that the
cxrlso Is farmed
for.

You, A. B., do swear that this is a just and true account of the excise upon
all wines, nmi and distilled spirits, limes, lemmons and oranges by you re-
ceived or secured to be paid in the county of ; and that the
persons by whom such excise was paid or secured to be paid to you, were
sworn in manner and form as by law is prescribed. So help you God.

[Sect. 18.] And at the time of receiving any money, the said col-
lector shall give two receipts, of the same tenor and date, mentioning
what sum or sums they have received from any taverner, innholder,
common victualler or retailer; one of which receipts to be by the said
laveiner, innholder, common victualler or retailer, returned to the court
of general sessions of the i)eace, within their res[)eclive counties, at the
next session of such court, and the clerks of said court shall, within
thirty days after receipt thereof, transmit the same to the treasurer or
receiver-general.

[Skct. 19.] And such collectors sliall pay in to the public[k]
treasiu'V of this province all such sums as they shall receive, within six
months from the date of their commission, and s(j, from time to time,
williiii the space of the six months, as long as they shall continue in
such ofllcc, (jii pain of forCeiting tlie reward given such collectors by this
act, who shall be allowed, in the count [y][/(']s of Suffolk, Kssex and
JMidillesex. two per cent, in the counties of riymoutli, Bristol. Ilaiup-
shiie and Worcester, two and an-half per cent, and in the other ct)uu-
ties, three per cent, on all money by them collected and paid into the
treasury as aforesaid, each collector, befiue he enters into the said oflice,
to give boiul for treble the sum that it was farnu'(l for in the res[)ective
<<iimties, in the year one thousand seven hundred and fifty-seven, to the
treasurer of this province for the time being, and his successors in .said
olUce ; which bond shall be cxcculeil before the next court of general

[3d Sess.]

Province LA^YS. — 17G1-G2.

499

sessions of the peace, in the respective counties, after such appoint-
ment, wliere the said collectors live, or before two of his majesty's
justices of the peace, in the respective counties, one to be of the quo-
rum: one of the said justices to return the certificate to the clerk of the
sessions within thirty days, as aforesaid, and be transmitted to the
treasurer of the province by tlie clerk of the i)eace within such county,
within three inonlhs after the bond is executed ; and the said treasurer
shall put in suit the bonds of all such collectors who shall neglect to
make due payment within fifty days after either of the times of pay-
ment.

And he it further enacted,

[Sect. 20.] That in case any collector of the excise as aforesaid,
or his de[)uty, shall, at any time during their continuance in that oflice,
willingly and willingh- connive at, or allow any person or persons in
their respective divisions, not licenced b}' the court of general sessions
of the peace, their selling any wine, rum or other liquors )»}• this act
forI>idden, such collector or deputy, for every such offence, shall forfeit
the sum of fifty pounds, and costs of prosecution ; one half of the penaltv
aforesaid to be to his majesty for the use of this province, the other
half to him or them that shall inform and sue for the same, and shall
be thenceforward forever disabled from serving in said office : saving
that said collector ma}- give a permit to any person to sell rum, or
other spirits distilled, or wine, in quantit}' from twenty-five gallons
anil upwards, agreeable to this act.

Prooided, alw((i/s, and it is the true intent and meaning of this act, —

[Skct. 21.] That if any taverner or retailer shall sell to any other
taverner or retailer any quantity of whatever distilled liquors and wine,
such taverner or retailer, selling as aforesaid, shall not be held to pay
such duty, but the taverner or retailer who is the purchaser shall pay
the same ; and the seller as aforesaid, shall, and hereby is required to,
deliver to the collector of this duty a true account of such liquors sold
as aforesaid, and to whom sold.

And to the end that the revenue arising from tire excise upon spiritu-
.ous liquors may be increased, and raised with more equality, —

Be it enacted,

[Sect. 22.] That from and after the twenty-fifth day of March, one
thousand seven hundred and sixty-two, to the twenty-fiflh day of March,
one thousand seven hundred and sixty-five, upon all rum and other dis-
tilled si)irits, and all wine imported and manufactured, and sold for
consumption within this province, there be laid and [/s] hereb\- [is]
laid the duties of excise following ; viz^'^, —

For everv gallon of rum and spirits distilled, eightpence.

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

And be it further enacted,

[Sect. 23.] That every person that shall import an\- of the liquors
aforesaid, or to whom any of them shall or ma}' be consigned, shall
bo and hereby is prohibited from selling the same, or any part thereof,
without having a permit so to do from the collector of excise, or his
deputy. And every person distilling or nninufacturing any of the said
liquors, and every person owning or possessing any of them, excepting
such as are or may l)e licenced l»y the court of general sessions of the
peace, as aforesaid, shall be and hereby are prohibited from selling
the same, or any part thereof, without having a i)ermit so to do fiom the
collector of excise, or his deputy, on forfeiture of fifty pounds and of
the value of the liquors so sold ; and the said permit shall express the
particular county where the said liquors shall be permitted to be sold ;

IVnalty for ool-
IcctorH or (Icpu.
ties ulTeiulin^.

Duties to bo
paid upon all
liqiiorH import-
ed or maiiiit'ac-
lured.

Tjqiiors not to
be sold by llie
iin|iorlcr, &<•.,
wiUioul :\ per-
mit.

500 Pkovince Laws.— 1761-62. [Chap. 24.]

and if an}' person who shall have such permit shall sell and deliver, or
cause to be sold and delivered, an}' of the liquors aforesaid from any
other count}" not mentioned in such permit, he shall forfeit four i)Ounds,
to be paid, one third to the prosecutor, and the other two thirds to
the collector for the use of this government.
Provided^ Jieveiiheless, —
rroviso. [Sect. 24.] That the impost officer and his deputy shall be and

here! )}■ are respectively [e] [/Jmpowered to grant a permit Ibr selling
the liquors aforesaid, or any of tliem, to an}- person applying for the
same, until a collector be api)ointed in each county, respectively, to
whom the duty of excise shall be paid as aforesaid, and until the col-
lector sliall give public[k] notice uf his api)ointment as aforesaid. And
the said impost officer and deputy, shall transmit, to the collector
of each county, an account of the permits by eadi of them, respectively,
granted to persons living in such county.
And be it further enacted,
Collector apply- [Sect. 25.] That if the collector aforesaid or his deputy shall
fora°wan"ant^° havc information of any place where any of the liquors aforesaid shall
m:iy "carch for have been sold by any person not havino; i)ermit, as aforesaid, he mav

li'iuord 8UO- •/ 1/ 1. c? 1 •'

posed to be apply to any justice of the peace within the county, for a warrant to

concealed. search such placc ; and said justice shall grant such warrant, directed

to some proper officer, upon said collector or dei)ut[ie][//]s making
oath that he hath had information as aforesaid, and that he hath just
cause to suspect the liquors aforesaid, or some of them, have been sold
at such place informed of as aforesaid ; and having sucli warrant, and
being attended by such officer, the said collector, or his deputy, may, in
the day-time, between sun-rising and sun-setting, demand admittance
of the person owning or occupying sucli place, and upon refusal shall
have right to break open said place, and finding such liquors, may seize
and take the same into his own custody ; and the collector albresaid, or
his deputy, shall be and hereby is [e] [/]m[)0wered to command assist-
ance and impress carriages necessary to secure the liquors seized as
aforesaid ; and persons refusing assistance, or preventing said officers
from executing their office, shall forfeit five pounds to his majesty for ,
the use of the province, and the said collector or his deputy shall make
reasonable satisfaction for the assistance atTorded and carriages made
use of to secure the liquors seized as aforesaid ; and the collector, or
Lis deputy, shall then file an information of such seizure in the infe-
rio[K]r court of common pleas for the county wherein such seizure
shall be made : which court shall summon the owner of such litpiors,
or the occupier of the shop, house, warehouse or distil-house where
the same were seized, to appear and shew cause, if any he hath, why
the said liquors so seized should not be adjudged forfeited ; and if
such owner or occupier shall not shew cause as aforesaid, or make
default, the said liquors shall be adjudged forfeited, and the said court
shall order them to be sold at public[k] vendue, and the neat produce
of such sale shall be paid, one third to the i)rosecutor, the other two
thir<ls to the collector for the use of this government.
Prodded. —
ProviMo. [Sect. 2G.] That if the liquors seized as aforesaid be less in quan-

tity than one hundred gallons, the collector, or his dei)uty, shall file an
information thereof with one of the justices of the peace within the
county where the seizure shall be made, who shall summon the owner
or occupier aforesaid in manner as aforesaid ; and if such owner or
occupier siiall not shew cause, or make default as aforesaid, he sliall
adjudge such licjuors forfeited, and shall order them to be sold as afore-
Baitl, and the ne.il produce of such sale to be disiiosi'd of as aforesaid :
saving to the person convicted liiierty of appeal, enlring into recogni-

[3d Sess.]

riioviNCE Laws. — 17G1-G2.

501

zajice to the king, for the use of the province, in the sum of fifty
pounds.

And be it farther enacted,

[Skct. 27.] That every pi'ison having permit, as aforesaid, shall, st
the end of each half-year respectively, from tiie t\vonty-Iil''h day cf
March, one thousand seven li'.indrcd and sixty-two, be ready to render
to the collector aforesaid, or his deputy, an account, on oatli, of all the
liquors aforesaid b}- him or her, or any person or persons in his or her
behalf, sold ; and also of all the afc^resaid liquors I)}' him or lier im-
ported, distilled or manufactured, or whicli have come into his or her
possession since the tuenty-lifth day of March aforesaid, except the
same were bought of a licenced person in a quantit}- less than twenty-
live gallons, which in his or her fiimily have been consumed or expended
williin each half-year, rcspectivel_v ; which account shall express the
number of gallons of each kind of the lic|uors so sold and consumed ;
and shall paj- therefor to the said collector or his deputy the dut}'
aforesaid, excepting for so much as shall have been sold to tavcrners,
innliolders or retailers having licence from the sessions as aforesaid,
or to any other persons having permit as aforesaid, and so much as
shall have been exported out of this province ; and if any of said liq-
uors shall have been sold to persons licenced by the sessions, or to
persons having permit, saitl account shall exhibit the names of such
licenced persons who purchased, and persons having permit, and time
when they purchased the same ; and the persons accounting shall ex-
hibit a certificate under the hand of the licenced or permitted person
purchasing, which shall express the number of gallons, and the kind of
the liquors purchased, and the time when the same was purchased, and
the name of the town and county w'hcrein such licenced or permitted
person lives, and shall lodge the said certificate with the said collector,
or his deputy ; and for the quantity of the said liquors mentioned in
such certificate, the said collector or his deputy shall not demand an}'
duty, but shall deliver said certificate to the collector of the count}'
wherein such licenced or permitted persons, signing the same, lives ;
which last-mentioned collector or his deput}' shall settle with such
licenced or permitted person for the dut}' aforesaid which may be due
from him or her.

[Sect. 28.] And if any person having a permit or licence, as afore-
said, shall ship or export any of the liquors aforesaid out of this prov-
ince in a quantity not less than thirty gallons, and shall make an entry
thereof with the collector aforesaid, or his deputy, and shall produce to
such collector, or his deputy, when he comes to settle his account of
excise, one of the receipts or bills of lading given therefor by tlic
master of the vessel on board which such liquors shall be shipped (or
if it shall be carried out of the province by land, or in small boats,
then of the person who is master of the land-carriage or boat), express-
ing the quantity thereof and the time of their being shipped, and shall
lodge such receipt or bill of lading with the collector or his deputy
aforesaid, and at the same time shall swear that such liquors are bond
fide sent, or intended to be sent, out of the province, he or she shall
not be held to pay the duty thereon aforesaid.

[Sect. 20.] And if any person not having permit or licence shall
purchase, for exportati<;n out of this province, any of said liquors, in a
quantity not less than thirty gallons, of a person having permit or
licence, the purchaser shall make entry with the collector or his deputy,
and at the same time swear that such liquors are bond fide sent, or in-
tended to be sent, out of this province, and sliall, within ten days after
sliipping the same, deliver one of the receipts or bills of lading given
for such liquors, as aforesaid, to the person of whom he purchased the

Persona having
permit, as iilDrc.
salil, lo n-tidor
Ull uccouiit ti>
llic collector, at
tho end of every
half-year, Hav-
ing, &c.

Persons having
permit, as afore-
said, to give an
account of
liquors by thcra
sent out of the
province.

Persons not hav-
ing permit to
reniier nn ac-
count, &c.

502

Pkovince Laws.— 1761-62. [Chap. 24.]

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

Proviso.

Collector to give
certificate, on
penalty.

Persons npply-
Ini; for ii permit,
to give bond.

I'i'rHoiiH Import-
Ink li(|UorH tur
private eoii-
Hiimptioii, fiC,
lo r.riilcrac.
emint llicreof lo
the collector.

same, or be subject to pay the amount of the duty thereon to the per-
son of whom he purchased the same as aforesaid, who shall pa}- such
dut}' to the collector or his deputy ; but if the purchaser aforesaid shall
deliver such receipt or bill of lading as aforesaid, and it be lodged with
the collector or his deputy, then, for the quantity of said liquors mer-
tionod therein, the collector or his.deput}' shall not demand an}' dut}*.

[Sect. 00.] And if the master of any vessel, or any other person,
shall give such certificate, receipt or bill of lading, without receiving
the liquors mentioned therein, or if any person shall procure such
certificate, receipt or bill of lading, with design to defraud the govern-
ment, and shall be thereof convicted, they and each of them shall for-
feit and pa}' the sum of one hundred pounds, two thirds for the use of
this government, and the other third for the use of the prosecutor. And
if any such certificate, receipt or bill of lading shall be forged, counter-
feited or altered, the person forging, counterfeiting or altering shall
incur the penalty of one hundred pounds.

Provided, nevertheless, —

[Sect. 31.] That the person having permit as aforesaid shall not
sell any of the liquors aforesaid in a quantity less than twenty-five
gallons (to be sold and delivered to one person at one time), unless he
or she has licence from the court of general sessions of the peace, as
aforesaid, on pain of incurring the several fines and penalties in the
former part of this act, laid upon those persons who sell the liquors
aforesaid without licence.

Be it farther enactecl,

[Sect. 32.] That the collector aforesaid or his deputy, when the
exporter shall make an entry with him as aforesaid, or shall make an
entry with him and swear as aforesaid, shall give to said exporter a
certificate of such entry, or a certificate of such entry and oath, on
penalty of one hundred pounds, for the use of the exporter.

And be it farther enacted,

[SEcr. 3.).] That every person applying to the collector or his
deputy, or to the impost oflfleer or his deputy, for a permit, shall give
bond, for the use of this province, with or without sureties, in a sum
not exceeding two hundred pounds nor less than twenty pounds, at
the discretion of the collector or impost officer, conditioned for the
payment of the excise that shall ])ecome due according to the account
to be exhibited by such person taking such permit ; and no [lerson
shall have such permit of the collector or impost ollieer until he hath
given such bond.

And vjhcreds the importer of any of the liquors aforesaid, or the
person to whom they shall be consigned, may intend the same either
for sale or for his or her own private eoiisuinptiou, in which case such
iiii|K>iter or consignee is not siiiriciently helil by any preceeiling part
of lliis act to pay the duty or excise aforesaid ; wherefore, in order to
lay said duty or excise in as equal maiuier as may be, —

Be it evaded,

[Sect. 84.] That every person that shall bring or import into this
province, either by land or water carriage, any of the li(iuors aforesaid,
either for sale or private consum|)tion, shall, within twenty-four hours,
pay or secure to the collector the duties or excise due thereon ; l>ut in
case such importer or consignee be licenced or permitted, then he shall
1»(' held only to report the same to the collector of excise, and at the
cikI of eadi half-year, respectively, shall make out an account ex|)ress-
ing the kind and full quantity of the lirjuors aforesaid, imported or
consigned as aforesaid ; and when the account is rendered to the col-
lector or his deputy, it shall be upon oath, and such importer or con-
signee shall pay to the said collector or his deputy, on the liquor or

[3d Sess.] Province Laws.— 1701-62. 503

liquors mentioned in said account, the duty of excise aforesaid, deduct-
ing ten per cent for leakage ; and in case of failure herein, the offender
shall pa}- a line of four pounds, and treble dutj- or excise on the quan-
tity so imported or brought in, one third of which shall be for the use
of the province, the other two thirds for him or her that shall inform
and sue for the same. .

[Sect. 35.] And if said collector or his deputy, shall have reason Collector may
to suspect any person of bringing or importing into this province, fu^'J^Jecl" foVu
either by land or water carriage, an}' of the liquors aforesaid, without 'ciiaiion' whore
having entered the same and secured the duties or excise aforesaid, persmfsgWni^a
the said collector may apply to two of the next justices of the peace to ^>isl- account,
such suspected person, and within the count}' where he lives, and on
making oath that he so suspects such person, said justices shall issue
a process under their hands and seals, directed to the sheritf or his
deputy, or constable, recjuiring him to summon such suspected person,
and oblige him to give security to the amount of one hundred pounds,
to appear and answer and respond the judgment that shall be given on
the premis[s]es, and in case such person shall not give such security,
to bring him before such justices at the time that said justices in such
process shall appoint ; and when the parties shall be before them, the
said justices shall examine into the cause of complaint ; and if it shall
appear, either by confession of the party, or by the e^•idence of one
credible witness, that he or she, or any one on his or her behalf, has
imported or has had any of the liquors aforesaid consigned to him or
her without having entered the same and secured or pay the duty or
excise as aforesaid, such suspected person shall then render a full
account, on oath, of the kinds and quality of the liquors imported or
consigned as aforesaid, and shall pay on such liquors, or give security
to pay, the aforesaid fine of four pounds, and treble duty or excise as
aforesaid, one third for the use of this government, the other two
thirds for the informer and prosecutor, and costs,

[Sect. 36.] And said justices are hereby [e][t]mpowered to make
up judgment and award execution accordingly : provided the said fine
and treble damage exceed not six pounds ;* then said justices shall bind
the offender to answer his offence at the next court of general sessions
of the peace for the county where the offence was committed, and such
offender shall enter into recognizance, with two sufficient sureties, to
answer for his offence, in the sum of fifty pounds ; and any person or
persons upon refusing to render such account and paying as aforesaid,
shall forfeit fifty pounds, one third for the use of the prosecutor, the
other two thirds for the use of this government, in lieu of such fine
and treble duty, to be recovered as is hereafter provided in this act.

[Sect. 37.] And if no confession be made by such suspected per-
son, and no evidence i)roduced as aforesaid, and it shall appear to the
justices before whom the same is tried that there is sufficient ground
of suspicion, the suspected person may then clear him- or herself from
the complaint aforesaid, by taking an oath in the form following : —

You, A. B., do swear that you have not, directly or indirectly, either by Formoftlie
yourself, or any person in your behalf, imported into this province any rum, °''^^^'
spirits distilled, or wine, and that you have not had any of said liquors directly
or indirectly consigned to you, but what you have paid, or secured to be paid,
the duty or excise agreeabl(3 to an act of this province made in the second
year of his ma.jesty's reign, intit[u]led " An Act for granting unto his majesty
an excise upon spirits distilled, and wine, and upon Limes, lemmons anil
oranges." So help you God.

— which oath the said justices are hereby impowered and required to
administer.

* The words " but if aucb duty exceed six pounds " omitted : see foot-note on p.
dl5, ante.

50i

Province Laws. — 1761-62. [Chap. 24.]

Penalty for re-
fusing to take
tbe oath.

Collector to
grant a permit,
on iJonalty.

Form of the
permit.

Fee for a per-
mit.

Collector to
keep an oUice
in each oeaporl
town, &c.

PiTBonn import-
ing; li(|ll>irH, UH

nforeii:ilil, to
give be Mil.

[Sect. 38.] And if such suspected person shall refuse to take said
oath, and shall neglect to appear upon the citation aforesaid, he or she
shall pay the cost of citations, and shall forfeit the sum of filly pounds,
one third for the use of the prosecutor, the other two thirds for the
use of this government, and costs of prosecution ; but if such sus-
pected person shall take the said oath, the costs of citation or warrant
shall be paid by the collector or his deput}', respecti\oly, who applied
for such citation or warrant ; who shall also pay to the person cited or
apprehended, and, taking said oath, the sum of twent}- shillings; and
in case any person shall be served with the process aforesaid, in manner
aforesaid, and shall not appear according to the tenor thereof, said
justices shall make a record thereof, and the securit.y taken b}- the
sheriff" or his deputy, or constable, as aforesaid, shall be deemed for-
feited, and the same by said collector may and shall be put in suit in
any court proper to tiy the same, and the sum recovered shall be
divided, one third to his majesty for the use of this province, and the
other two thirds to such collector.

And be it further enacted,

[Sect. 39.] That the collector, or his deputy, shall be and hereby
is obliged to grant a permit, under his hand, to ever}- person applying
for the same, on penalty of two hundred pounds, to and for the use of
the person making application ; which permit shall be in the form fol-
lowing ; viz'^'^, —

Yon, A. B., of C, in the county of D., are liereby permitted to sell rum
and other distilled spirits, and wine, or any of said liquors, within the county
of , until the day of , one thousand seven

hundred and , pursuant to an act of this province, made in

the second year of his majesty's reign, intituled " An Act for granting unto
his majesty an excise upon si)irits distilled, and wine, and upon hmes, lem-
mons and oranges." Dated at (J., this day of , 17G .

A. B., Collector (or depulij-collector) of excise for die county aforesaid.

And for such permit the said collector or deputy shall be [i][^]nti-
t[M]led to receive twopence, and no more; and the like sum for an
entry made with him, and the like sum for a certificate given liy him.

And be it further enacted,

[Sect. 40.] That the collector of excise, either by himself or his
deputy, shall keep an office in each seaport town within his county,
where he or his deputy shall give his attendance on every Thursday,
from nine of the clock in the morning to twelve at noon, to grant per-
mits, to receive entries, give certificates, &c.

Provided, —

[Sect. 41.] That in the town of Boston such an office shall be
kept and attendance given on every day. Lord's Day only excepted,
within the hours aforesaid of each of said days respective!}'.

Provided, also, —

[Sect. 42.] Tiiat the said collector, or his deputy, on application
made, shall at any other time grant permits, receive entries and give
certificates aforesaid.

And ichereos persons not belonging to this province may import the
liquors aforesaid, and take permit to dispose of the same, and may go
out of the i)rovince before the time comes about when i)eisons selling
said liquors are held to account with the collector, and by that means
may avoid paying the duty upon what has been so disposed of; for
preventing whereof, —

lie it enacted,

[Skct. 43.] That every person importing the liquors aforesaid, and
applying to the collector or his deputy lor a permit to sell the same,
shall give bond to said collector in a sum not exceeding two hundred

[8d Sess.]

PROVINCE Laws. — 1761-62.

505

pounds, nor less than twenty pounds, with or without sureties, at the
discretiou of the collector, that he will render to said collector or his
deputy an account, on oath, of the kind and full quantity of the liquors
aforesaid sold by him, or by any person or persons on his behalf, and
that* he will pay thereon the duty or excise aforesaid before he leaves
the province ; and if such person shall refuse to give such bond, the
said collector or his dei)uty shall not be obliged to grant him a permit,
any thing in this act to the contrary notwithstanding; and if such
person shall sell anv of the liquors aforesaid without permit, he shall
be subject to all the penalties that other persons selling without permit
are subject to ; or if such person shall give bond as aforesaid, and
shall leave the province before such bond be discharged, the collector
may bring his action on such bond against the surety or sureties, for
the recovery of the sum in such bond mentioned, which shall be, one
third for the use of the prosecutor, the other two thirds for the use of
this government.

Be it further enacted,

[Sect. 44.] That no person shall be exempted from any military
duty by means or on account of his being appointed a deputy-collector
of the duties of excise of spirituous liquors, but shall, to all intents
and purposes, be liable to train, be impressed and perform ever}* other
militar}- duty, as if such person had not been appointed a deputy-col-
lector as aforesaid.

Be it furtlier enacted,

[Sect. 45.] That all persons who took out permits in the preceeding
j-ears, and do not renew the same, shall, at the end of each half-year
from and after the twenty-sixth da}- of March next, and until tlie
twenty-sixth da}' of March, one thousand seven hundred and sixty-five,
render to the collector or his deputy that shall or ma}- be appointed in
the respective counties by vertue of this act, an account, on oath, of all
liquors remaining in their hands and consumed in his, her or their
families during the continuance of this act, and pay the duties herein
imposed, deducting ten per cent for leakage, upon penalty of fifteen
pounds, one half to the informer, the other half to and for the use of
this province.

Be it further enacted,

[Sect. 4G.] That ever}' person that hath been or may be appointed
collector of the duties aforesaid, who shall import into this province, or
shall have, by consignment or otherwise, or shall sell or dispose of
any wine, rum or spirits distilled, limes, lemmons or oranges, or shall
use or consume the same, such collector shall take, keep and render a
like account thereof, upon oath, to the pro\ince treasurer (who is
hereby impowered to administer the same in the form by this act pre-
scribed), and pay to him the like duties thereon as such person so
appointed collector would otherwise have been held and obliged to
have taken, kept, rendered and paid to the collector of the duties
aforesaid ; and that the same be done in like manner and time, and
under the like pains and penalties, as by this act in such cases is pro-
vided.

Be it further enacted,

[Sect. 47.] That all fines, penalties and forfeitures arising or accru-
ing by any breach of this act, and not otherwise appropriated, shall lie
two thirds to his majesty, for the use of this government, and the other
third for the use of the prosecutor, to be recovered by action or infor-
mation in any of his majesty's courts of record. [^Pasied Janiuiry
30 ; t published February 15, 17(32.

• Tlie rest of the enp:rossmcnt is missing.

t Signed March (i, 17G2, according to the record.

Deputy-collect-
ors liable to
militury duties.

All persons who
had permits or
license to sell
liquors, and
shall not renew
the same, to ac-
count for the
duties thereof.

Collector of the
duties of excise
to account for
all wine, &c.,
sold or con-
sumed by them.

How fines, &c.,
arising by this
act, to be dis-
poBcd of.

jOG

PiiOViNCE Laws. — 17C1-G2. [Chai>. 25.]

CHAPTER 25.

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

I'reamble.

Kales of impost.

Double Impost
to be paid lor
KDodB inipoited
by the liibab-
itaiilM of other
culuiiic8, &c.

I'roviso.

I>rawbark of
the Aviiole im-
iKiKtto Ibu ex-
[lurtur, ill case.

We, his majest3-'s most dutiful and loyal subjects, the representatives
of the province of the Massachusetts Bav, in New England, being de-
sirous of lessening the publick debts, have chearfull^- and unanimously
given and granted, and do give and grant, to his most excellent majesty,
for the service of this province, as they shall hereafter a[)ply it, the
several duties of impost upon all liquors, wares, goods and merchandize
that shall be imported into this province, and tunnage of shipping
hereafter mentioned ; and pra}' that it ma}- be enacted, —

And be it accordingly enacted by the Governor^ Council and House
of Representatives^

[Sect. 1.] That from and after the twenty-fifth day of March, one
thousand seven hundred and sixty-two, to the twenty-fifth day of
March, one thousand seven hundred and sixty-three, there shall be
paid by the importers of all wines, rum and other liquors, goods,
wares and merchandize that shall be imported into this province by
any of the inhabitants thereof (except what is by this act hereafter ex-
empted), tlie several duties of impost following ; viz., —

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

For every hogshead of rum containing one hundred gallons, eight
shillings.

For ever}- hogshead of sugar, fourpence.

For every hogshead of molasses, fourpence.

For every hogshead of tobacco, ten shillings.

For every pound of tea that shall be imported from any of his
majesty's plantations in America, fourpence.
— And so, proportionably, for a greater, or less quantity.

And for all other commodities, goods or merchandize not mentioned
or not excepted, fourpence for every twenty shillings' value, excepting
such goods as are the product or manufactine of Great Britain.

[SiccT. 2.] And for any of the above-mentioned li(|Uois, goods,
wai-es and merchandize (excepting tea, which shall only pay four-
pence) that shall be imported into this province by any of the inhabit-
ants of the other provinces or colonies on this continent, or of the
English West-India Islands, in any ship or vessel to them belonging,
on the pi-opcr account of any of the said inhabitants of the said prov-
inces, colonies or islands, thei-e shall be paid by tiie importers doulile
the impost laid by this act : provided atirays, that every thing which is
the growtli or produce of tlie provinces or colonies afoi'esaid (tol)acco
aii<l bar-iron exce|)ted), and all i)rovisions, salt, cotton-wool, i»ig-
iron, niahogony, l)iazilleto, l)lack-walnut, lignuin-vita:', ii-tl-cedar. log-
wood, lienqi, raw skins and hides, and also all prize goods biouglit into
and condennicd in this province, are and shall be exeni[)ted from every
the rates and duties nforesnid.

And be it further enacted,

[Si:cT. 15.] That all gooils, wai-es and merchandize, the piopeity of
any of the inhal)itants of any of the neighbouring jjrovinces or colonies
on this continent, that shall be imported into this province, and shall
have paid, or on which thei-e shall have been secuicd to be paid, the
duly of impost, by this act pitnided to be i>aid. and afterwards shall be
exported and landed in any of the .said piovimes or colonies on this
continent, then and in such case the exporter, producing :i eertilieate
from some oUicer of his majesty's customs, that the same has been

[3d Sess.]

Pkovince Laws. — 17G1-62.

507

Masters of ves-
sels to make
report.

landed in sonic of the provinces or colonies aforesaid, shall be allowed
a drawback of the whole duty of impost by him paid, or secured to be
paid, as by this act provided.

And be it further enacted^

[Sect. 4.] That the master of every ship or vessel coming into
this province from any other place, shall, within twenty-four hours
after his arrival in any port or harbour, and before bulk is broken,
make report and deliver a manifest, in writing, under iiis hand, to the
commissioner aforesaid, of the contents or loading of such ship or ves-
sel, therein particularly expressing the species, kind and quantities of
all wines, liquors, goods, wares and merchandize imported in an}- such
ship or vessel, with the marks and numbers thereof, and to whom the
same are consigned ; and make oath belbre the commissioner that the
same manifest contains a just and true account of all the lading taken
on board and imported in such ship or vessel, so far as he knows or be-
lieves ; and that, if he knows of any more wines, liquors, goods, wares or
merchandize laden on board such ship or vessel, and imported therein,
he will forthwith make report thereof to tlie commissioner aforesaid,
and cause the same to be added to his manifest.

And be it further enacted,

[Sect. 5.] That if the master of anj- ship or vessel shall break
bulk, or sutler any of the wines, liquors, goods, wares and merchan-
dize imported in such ship or vessel to be unladen before report and
entry thereof be made as aforesaid, he shall forfeit the sum of one
hundred pounds.

And be it further enacted,

[Sect. G.] That all merchants and other persons, being owners of invoice to be
any wines, liquors, goods, wares or merchandize imported into this p''°'^"'=^<^-
province, for which an}' of the rates or duties aforesaid are payable, or
having the same consigned to them, shall make an entr}- thereof with the
commissioner aforesaid, and produce an invoice of all such goods
as pa}' ad valorem, and make oath before him in the form following ;
viz., —

You, A. B., do swear that the entry of the goods and merchandize, by you Oath,
now made, exhibits the sterling value of said goods, and that, bond fide, ac-
cording to your best skill and judgment, it is not less than that value. So help
you God.

To forfeit, in
casn of brcaliins
bullj.

Duties to bo

f)aiil before
andtDg.

— which oath the commissioner or receiver, appointed in consequence
of this act, is hereby impowered and directed to administer ; and the
owners aforesaid shall pay to the said commissioner, or give security to
pay, the duty of impost by this act required, before such wines,
liquors, goods, wares or meichaudize be landed or taken out of the
vessel in which the same shall l)e im[)orted.

[Sect. 7.] And no wines, licjuors, goods, wares or merchandize
that b}' this act are liable to i)ay impost or duty, shall be landed on
any wharf, or in any warehouse or other place, but in the day-time
only, and that after smuise and before sunset, unless in the i)rcsence
or with the consent of the commissioner or receiver, on pain of forfeit-
ing all such wines, liquoi's, goods, wares and merchandize, and the
lighter, boat or vessel out of which tlie same shall be landed or put into
any warehouse or other place.

[Sect. 8.] And if any person or persons shall not have and pro-
duce an invoice of the quantities of rum or other LvjUors to him or tliem
consign'd, then the cask wherein the same are, shall be gauged at tlif
charge of the importer, that the contents thereof may be known.

Provided, nevertheh'ss, —

[Sect. 9.] That the said commissioner shall be and hereby is al- Commissioner

508

PiiovLNCE Laws. — 17G1-62.

[Chap. 25.]

allowed to give
credit.

Importer by
lanJ-carriage or
in »itn:ill vessels
to make report.

-Mldwance for
leakage.

MuHtor allowed
to detain Koods
not iiilcri'd or
the duly not
paid.

lowed to give credit to such person or persons whose duty of impost in
one vessel shall not exceed six pounds : which credit shall be so limited
as that he shall settle and ballance his accompts with every person, on
or before the twenty-sixth day of March, one thousand seven hundred
and sixtj-'three, that the said accounts ma}- be produced to this court
as soon as inay be aft.er ; and for all entries where the impost to be
paid doth not exceed three shillings, the said commissioner shall not
demand aujthiug, and not more than sixpence for any other single
entry, to what value soever.

And be it further enacted,

[Sect. 10.] That the importer of all wines, liquors, goods, wares
and merchandize, from and after the twenty-fifth da}- of March, one
thousand seven hundred and sixty-two, and until the twenty-sixth da}'
of ]March, one thousand seven hundred and sixty-three, by land-car-
riage, or in small vessels and boats, shall make report and deliver a
manifest thereof to the commissioner aforesaid or his deputy, therein
particularly expressing the species, kind and quantity of all such wines,
liquors, goods, wares and merchandize so imported, with the marks
and numbers thereof, when, how and by whom brought ; and shall
make oath, before the said commissioner or his deputy, to the truth of
such report and manifest, and shall also pay, or secure to be paid, the
several duties aforesaid by this act charged and chargeable upon such
wines, liquors, goods, wares and merchandize, befoVe the same are
landed, housed or put into any store or place whatsoever.

And be it farther enacted,

[Sect. 11.] That every merchant or other person importing any
wines into this province shall be allowed twelve per cent for leakage :
jrrovided, such wines shall not have been filled up on board ; and that
every hogshead, butt or pipe of wine that hath two-thirds thereof
leaked out, shall be accounted for outs, and the merchant or importer
shall pay no duty for the same. And no master of any shii) or vessel
shall suffer any wines to be filled up on board without giving a certifi-
cate of the quantity so filled up, under his hand, before the landing
thereof, to the commissioner or receiver of impost for such port, on
pain of forfeiting the sum of one hundred pounds.

[Sect. 12.] And if it may be made to appear that any wine
imported in any ship or vessel be decayed at the time of unloading
thereof, or in twenty days afterwards, oath being made before the
commissioner or receiver that the same hath not been landed above
that time, the duties and impost paid for such wines shall be repayed
unto tlu' importer thereof.

And be it further enacted,

[Sect. 1.'3.] That the master of every shi[) or vessel importing any
liquors, wines, go<Kls, wares ol- merchandize, shall be liable to pay tlie
impost for such and so mui-h thereof, contained in his iiKiniiest, as sliall
not ]»e tluly entereil, and the duty paid for tlie same by the person or
})ersons U) whom such wines, liquors, goods, wares or merchandize are
Ol- shall be consigned. And it shall and may be lawful, to and for the
master of every shi|) or other vessel, to secure and detain in his hands,
at the owner's ris(|ue, all such wines, liquors, goods, wares and mer-
chandize inipoitt'd in any ii\\\[) or vessel, until he receives a certilicate,
IVoiii the coniniissiuner or receiver of impost, that the duty for the same
is paid, and until he be repaid his necessary charges in securing the
same ; or such master may deliver such wines, liquors, goods, wares
and merchandize as are not entered, unto the commissioner or receiver
of the impost in such port, or his order, who is hereby impowered and
directed to receive and keef) the same, at the owner's risque, until tiie
impost thereof, with the charges, be paid orsccui-ed to be paid ; and

[3d Sess.]

Pkovince Laws. — 17G1-G2.

509

then to deliver suob wines, liquors, goods, wares or merchandize as
such master shall direct.

And be it further enacted,

[Sect. 14.] That the comuiissiouer or receiver of the impost in Master Uabie to
each port, shall be and hereby is impowored to sue the master of any
•(hip or vessel, for the impost or duty of so much of the lading of any
wines, liquors, goods, wares or merchandize imported therein, accord-
ing to the manifest to be by him given upon oath, as aforesaid, as shall
remain not entered and the dut}' of impost therefor not paid or se-
cured to be paid. And where any goods, wares or merchandize are
such that the value thereof is not known, whereby the impost to be
recovered of the master, for the same, cannot be ascertained, the owner
or person to whom such goods, wares or merchandize are or shall be
consigned, shall be summoned to appear as an evidence at the court
where such suit for the impost and the duty thereof shall be brought,
and be there required to make oath to the value of such goods, wares
or merchandize.

And be it further enacted,

[Sect, lo.] That the ship or vessel, with her tackle, apparel and ships, &c.,iia-
furniture, the master of which shall make default in anything by this |^l^cx°cution.' "
act required to be performed by him, shall be liable to answer and
make good the sum or sums forfeited b}' such master, according to this
act, for any such default, as also to make good the impost or dut}' for
all wines,, liquors, goods, wares and merchandize not entered as afore-
said, or for which the duty of impost have not been paid ; and upon
judgment recovered against such master, the said ship or vessel, with
so much of the tackle or appurtenances thereof as shall be sufficient to
satisfy said judgment, may be taken by execution for the same ; and
the commissioner or receiver of the impost is hereb}" impowered to
make seizure of the said ship or vessel, and detain the same under
seizure until judgment be given in anj- suit to be commenced and prose-
cuted for any of the said forfeitures, or for the dut}- aforesaid ; to the
intent, that if judgment be rendered for the prosecutors or informer,
such ship or vessel and ai)purtenances may be exposed to sale, for
satisfaction thereof, as is before provided : unless the owners, or some
on their behalf, for the releasing of such ship or vessel from under seiz-
ure or restraint, shall give sufficient security to the commissioner or
receiver of impost that seized the same, to respond or satisf}' the sum
or value of the forfeitures and duties, with the charges, that shall be
recovered against the master thereof, upon such suit to be brought for
the same, as aforesaid ; and the master occasioning such loss or dam-
age unto the owners, through his default or neglect, shall be Hable' unto
their action for the same.

And be it further enacted,

[Sect. 10.] That the naval oQicer within any of the ports of this Naval officer
province sliall not clear or give passes to an}- master of any ship or gei'8\u[itnpo8T
vessel outward l)ound, until he shall be certified, by the commissioner bo paid,
or receiver of impost, that the duty and impost for the goods last im-
ported in such ship or vessel are paid or secured to be paid.

[Sect. 17.] And the commissioner or receiver of impost is hereby
imi)Owcred to allow Ijills of store to the master of any ship or vessel
importing an}- wines or liquors, for such private adventures as shall
belong to the master or seamen of such ship or vessel, at the discre-
tion of the commissioner or receiver, not exceeding three per cent of
the lading ; and the duties payable by this act, for such wines or liquors,
in such bills of stores mentioned and expressed, shall be abated.

And for the more eflcctual preventing any wines, rum or other dis-
tilled spirits being brougiit into the province from the neiglibouring

Bills of Btorc to
be allowed.

510

Provtn-ce Laws. — 17G1-62.

[Chap. 25.]

Commissionpr
to appoint oflj-
ccr« in placca
whore wines,
rum, &c., may
bo broiiglit out
of other govern-
ments.

Commissioner
or deputy em-
powered to ad-
minister the
oaths, &c.

The commis-
Bioner or depu-
ty, upon infor-
mation of any
liquors being
brouijlit into
tliis i)rovincc,
and tliudnty not
paid, to apply to
a justice for a
■warrant to
Bcarch, &c.

governments, by land, or in small boats or vessels, or anv other \vay.
and also to prevent wines, rum or other distilled spirits being first sent
out of this province, and afterwards brought into the government again,
to defraud the government of the duties of impost, —

Be it enacted,

[Sect. 18.] That the commissioner and receiver of the aforesaid
duties of impost shall, and he is hereb}' impowered and enjoined to,
appoint one or more suitable i)erson or persons as his dcput}- or depu-
ties, in all such places of this province where it is likely that wine, rum
or other distilled spirits will be brought out of other governments into
this ; which ofBeers shall have power to seize the same, unless the owner
shall make it appear that the dut}' of impost has been paid therefor
since their being brought into or relanded in this government ; and
such officer or officers are also impowered to search, in all suspected
places, for such wines, rum or other distilled spirits, or tea. brought or
relanded in this government, where the duty is not paid as aforesaid,
and to seize or secure the same for the ends and uses as in this act is
hereafter provided.

A7id be it further enacted,

[Sect. 19.] That the commissioner or his deputies shall have full
power to administer the several oaths aforesaid, and search in all sus-
pected places for all such wines, nun, liquors, tea, goods, wares and
merchandize as arc brought into this province, and landed contrary to
the true intent and meaning of this act, and to seize the same for the
uses hereinafter mentioned.

And be it further enacted,

[Sect. 20.] That if the said commissioner, or his deputy, shall have
information of any wines, rum or other distilled spirits, or tea being
l»rought into and landed in any place in this jjrovince, for which the
duties aforesaid shall not have been paid after their being brought iuto
or relanded in this government, he ma}' apply to an}' justice of the
l)eace within the county, for a warrant to search such place ; and said
justice shall grant such warrant, directed to some proper oflicer. upon
said commissioner or his deputy's making oath that he hatli had infor-
mation as aforesaid ; and having such warrant, and being attendetl by
such officer, the said commissioner or his (le[)uty may. in the day-time,
between suiu'ise and sun-setting, demand admittance, of the person
owning or occupying such place, and. upon refusal, shall have right to
break open such place ; anil, fnuliug such liquors or tea. may seize and
take the same into his own custody ; and tiie commissioner aforesaid, or
his deputy, shall be and hereby is impowered to command assistance,
and impress carriages necessary to secure tlie liquors or tea seized as
aforesaid; and any person refusing assistance, or preventing any of
the officers aforesaid from executing their office, shall forfeit five
pounds to tiic said commissioner ; and he or his deputy shall make
reasonable satisfaction for the assistance afforded anil carriages made
use of, to secure the liquors or tea seized as aforesaid ; and the com-
missioner or his deputy shall then file an information of such seizure
in the inferiour court of common pleas lor the county wlierein such
seizure sliall lie made, which court shall sunnnon the owner of such
liquors or tea, or the occupier of such shop, house or warehouse, or
distill-house, where tlie same were seized, to appear and shew cjiuse, if
any lie lias, why sucii liquors or tea .so seized sliall not be adjudged
forl'eited ; and if such owner or occupier shall not shew cause as afore-
said, or shall make default, the said litiuors or tea shall be adjudged
forfeited, and the said court shall order them to be sold at pul)lick ven-
due; and the nett produce of such sale shall be paid, one h;ilf to the
jn'ovinco treasurer for the use of this province, and the other half to
the said commissioaer.

[3d Sess.]

PnovTNCE Laws. — 17G1-62.

511

And be it further enacted,

[Sect. 21.] That there shall bo paid, by the master of every ship
or other vessel, coming into any port or ports of this province, to trade
or trallick, whereof all the owners are not belonging to this jirovince
(excepting snch vessels as belong to Great Britain, the i)rovinces or
colonies of Pennsylvania, West and East Jersey, Connecticut, New
York, New Hampshire, Khodc Island anil Nova .Scotia), every voyage
such ship or vessel doth make, one pound of good pistol-powder for
ever}- ton such ship or vessel is in burthen : saving for that part which
is owned in Great Britain, this province, or an}' of the aforesaid gov-
ernments, which are hereby exempted ; to be paid unto the commis-
sioner or receiver of the duties of impost, and to be employed for the
uses and ends aforesaid.

[Sect. 22.] And the said commissioner is hereby irapowered to
ap|)oint a meet and suitable person, to repair unto and on board any
ship or vessel, to take the exact measure and tunnage thereof, in case
he shall suspect the register of such ship or vessel doth not express
and set forth the full burthen of the same ; the charge thereof to be
paid by the ow^ner or master of such ship or vessel, before she shall be'
cleared, in case she shall appear to be of greater burthen : otherwise,
to be jiaid by the commissioner out of the money received by him for
imi)Ost, and shall be allowed hmi, accordingly, by the treasurer in his
accompts. And the naval officer shall not clear any vessel, until he be
certified, also, by the commissioner, that the duty of tunnage for the
same is paid, or that it is such a vessel for which none is pa3-able
according to this act.

And be it farther enacted,

[Sect. 23.] That when and so often as any wine, rum or tea im-
ported into this province, the aforesaid duty of impost upon which
shall have been paid agreeable to this act, shall be reshippcd and ex-
ported from this government to any other part of the world, that then
and in ever}' such case, the exporter of such wine or rum or tea shall
make oath, at the time of shipping, l)efore the receiver of impost, or his
deputy, that the whole of the wine or rum or tea so shipped has, bond
fide, had the duty of impost aforesaid paid on the same, and shall after-
wards produce a certificate, from some officer of the customs, that the
same has been landed out of this government, — or otherwise, in case
such rum or wines or tea shall be exported to an}' place where there is
no officer of the customs, or to any foreign port, the master of the
vessel in which the same shall be ex[)orted shall make oath that the
same has been landed out of the government, and the exporter shall,
upon producing such certificate, or upon such oath of the master, make
oath that he verily believes no part of said wines, rum or tea has been
rclanded in this province, — such cxi)orter shall be allowed a drawback
from the receiver of impost as follows ; viz., —

For every pipe of wine, nine shillings.

For every hogshead of rum, seven shiUings and sixpence.

And for every pound of tea, fourpence.

Provided, always. —

[Sect. 24.] That if, after the shipping of such wines or riim or
tea. to be exported as aforesaid, and giving security as aforesaid, in
order to obtain the drawback aforesaid, the wines or rum or tea, so
siiipped to be exported, or any part thereof, shall be rclanded in this
province, or brought into the same from any other province or colony,
that then all such wine, rum and tea so rclanded and brought again
into this province, shall be forfeited and may be seized by the commis-
sioner aforesaid, or his deputy.

And be it further enacted^

Tonnage of
aliipping.

Vcgaela to bo
measured, if
suspected.

Drawback for
wine, rum, and
tea allowed, in
case.

Proviso.

512

Province Laws. — 1761-62.

[Chap. 25.]

Appointment
and duty of the
comiiiissiuncr.

Cliarges of pros-
rciition, liow to
be piiiil, in case.

r>inj)o(<Uion of
f..rfciliiroH.

[Sect. 2.0.] That there be one tit person, and no more, nominated
and appointed hy this court as a commissioner and receiver of the
aforesaid duties of imjwst and tnnnage of shipping, and for the inspec-
tion, care and management of the said office, and whatsoever relates
thereto, to I'eceive commission from the governor or commander-in-
chief for the time being, with authorit}- to substitute and appoint a
deputy-receiver in eacli port, or other places besides that in which he
resides, and to gi-ant warrants to such deputy-receivers for the said
place, and to collect and receive the impost and tunnage of shipping
as aforesaid that shall become due within such port, and to render the
account thereof, and to pa}' in the same, to the said commissioner and
I'eceiver : which said commissioner and receiver shall keep fair books
of all entries and duties arising b}- virtue of this act ; also, a particular
account of every vessel, so that the duties of impost and tunnage aris-
ing on said vessel may api)car ; and the same to lie open, at all season-
able times, to the view and perusal of the treasurer or receiver-general
of this province (or an}' other person or persons whom this court shall
appoint), with whom he shall account for all collections and payments,
and pay all such monies as shall be in his hands, as the treasurer or
receiver-general shall demand it. And the said commissioner or re-
ceiver, and his deputy or deputies, before their entering upon the exe-
cution of their said office, shall be sworn to deal truly and faithfully
therein, and shall attend in said office from ten of the clock in the
forenoon, until one in the afternoon.

[Sect. 26.] And, the said commissioner or receiver, for his labour,
care and expences in the said office, shall have and receive, out of the
province treasury, at the rate of sixty pounds per ainium ; and his
deputy or deputies shall receive for their service such sums as the
commissioner of impost, together with the province treasurer, shall
judge necessary for whatever sums they shall receive and pay ; and the
treasurer is hereby ordered, in passing and receiving the said connnis-
sioner's accounts, accordingly, to allow the payment of such salary or
salaries as aforesaid to himself and his deputies.

And be it further enacted^

[Sect. 27.] That all penalties, fines and forfeitures, accruing or
arising in consequence of any breach of this act, shall bo one half to
his majesty for the use of this province, and the other half to him or
them that shall seize, inform and sue for the same, by action, bill,
plaint or information, in any of his majesty's courts of record, wherein
no essoign, protection or wager of law shall be allowed : the whole
charge of the prosecution to be taken out of the half belonging to the
informer.

And lie it farther enacted,

[Sect. 2H.] Tliat from and after the commencement of this act, in
all causes wherein any claimer shall appear, and shall not make good
the claim, the charges of prosecution shall be borne and paid by tiic
said claimer, and not by the informer. \_Passed January 30 ; * jntb-
lished February 15, 1762.

• March 6, according to the record.

[3d Sess.]

Province Laws. — 1761-62.

513

CHAPTER 2 6.

AN ACT TO PREVENT DAMAGE BY FIRE IN THE TOWNS OF SALEM,
MARBLEHEAD, AND OTHER MARITIME TOWNS IN THE PROVINCE.

Whereas great damage has many times arisen from fires, which have Preamble,
began in sailmakers' and riggers' lofts, and spread to the buildings
adjacent, —

Be it enacted by the Governor, Council and House of Reinesenta-
tives,

[Sect. 1.] That from and after the tenth day of June next, it shall Seicctm.-n to
not be lawful for any person to occupy or improve an}- tenement or ^'liuiX'piacoe
building whatsoever, in any part of the towns of Salem, Marl)lchead, for wiii lofu.
or any other maritime town in the province, for the business or employ-
ment of a sailmaker, or rigger, save onlv in such parts of the town
as the selectmen of the said towns, respectively, or the major part of
them, shall determine convenient ; such determination to be certified
under the hand of the town clerk.

[Sect. 2.] And if any person shall offend against this act, he shall Penalty for
forfeit and pay the sura of twenty pounds for every six months, and so ''•'"''K'''"'*'"^-
in proportion for a greater or less [^/-jtime, he shall so occupy or im-
prove an}- tenement or building that shall not be licenced or allowed as
aforesaid ; one half thereof to and for the use of the poor of the
town[,s] of Salem, Marblehead, or other maritime town, respectively,
the other half to him or them that shall inform and sue for the same ;
to be recovered before the court of general sessions of the peace for
the county where the offence shall be committed.

[Sect. 3.] This act to continue and be in force until the twenty- Limiuition.
ninth day of March, one thousand seven hundred and seventy. [^Passed
January 30 ; * published February 15, 1762.

CHAPTER 2 7.

AN ACT FOR THE EFFECTUAL PREVENTING THE CURRENCY OF THE
BILLS OF CREDIT OF CONNECTICUT, NEW HAMPSHIRE AND RHODE
ISLAND, WITHIN THIS PROVINCE.

Whereas bills of credit still continue current within the governments Preambu-.
of Connecticut, New Hampshire aud Rhode Island, and it is of great i^>'»-*'- ^''■'P-
imi)Ortance to the interest of the inliabitants of this i)rovince, aud to
the interest of such of his majesty's subjects, in Great Britain and else-
where, as have trade and commerce here, that the currency of said bills
should be effectually prevented throughout this government, —

Be it therefore enacted by the Governo[\\]r, Council and House of
Representatives,

[Sect. 1.] That every person within this province be and herel)y Penalty for rc-
is strictly forbidden to account, receive, take or pay any bill or bills of Co.'.Ik^.ucIu."'^
credit, of either of the governments of Connecticut, New Hampshire or ^'v*' "»'"P: ,
Rhode Island, m discharge of any contract or bargain, or for any vahi- island,
able consideration whatsoever ; and that every person who shall so ac-
count, receive, take or pay any of said bills within this province, shall
forfeit the sum of fifty jjounds for every offence ; one moiety thereof to
his majesty, his heirs and successors, to and for the use of this govern-

• Signed March G, 1762, according to the record.

514

Province Laws.— 1761-62. [Chap. 27.J

Officers to take
an oath.

Form of the
oalh.

ni'prcaentatives
10 tako the oath.

Councillors, and
all civil and
military oQlccrs,
to lake the oath.

Plthodh taking
out I'xccuilons,
tu Uike tliL- oatb.

tnent, the other moiety to him or them that shall sue for the same, to
be recovered with full cost[s] of suit by action, of debt in an}' of his
majesty's courts of record within [the] [^/a's] province, or b}' present-
ment of the grand jurj'.

And be it further enacted,

[Sect. 2.] That from and after the thirtieth day of March, which
will be in the 3-ear of our Lord one thousand seven hundred and sixty-
two, ever}- person who shall be chose to serve in any office in an}- of
the towns or districts or precincts of this province, shall, before his
entrance upon such office, take the following oath, to be administred by
a justice of the j^eace, or, where no justice of the peace shall be pres-
ent, by the town, district, or precinct clerk, who is hereby [e][t]mpow-
cred to administer the same ; viz"^'^., —

You, A. B., do, in the presence of God, solemnly declare that you have not,
.'iiiice the thirtieth day of March [one thousand seven hundred and sixty-two]
[276;?], wittingly and willingly, directly or indirectly, either by yourself or
any for or under you. been concerned in receiving or i^ayiug, within this gov-
ernment, any bill or bills of credit of either of the governments of Connecti-
cut, New Hampshire or Rhode Island. So help you God.

[Sect. 3.] And where any person, chosen as aforesaid, shall refuse
or neglect to take the oath aforesaid, on tendering the same, the town,
district or precinct shall proceed to the choice of another person in his
room ; and where any person shall be elected by any town, district or
precinct into any office, to the non-acceptance or refusal whereof a
penalty is by law annexed, such person, neglecting or refusing to take
the oath aforesaid shall be liable to the same penalty as is by law pro-
vided for the non-acceptance or refusal of such office.

And be it farther enacted,

[Sect. 4.] That w^hen any person shall be chosen to represent any
town within this province, in the general court or assembly, such per-
son so chosen shall take the oath aforesaid ; and return shall be made
by the selectmen, upon the back of the precept, that the person so
chosen hath taken the oath required in the act, made and jiassed in tlie
second year of his majesty King George the [Third] \_Second'\, in-
tit[«]led "An Act for the effectual preventing the currency of (he hills
of credit of Connecticut, New Hampshire and Rhode Island, within this
province ; " and if any person so chosen shall refuse or neglect to take
the oath aforesaid, such refusal or neglect shall be deemed a refusal to
serve as a representative ; and the town shall proceed to the choice of
another person in his room.

And be it further enacted,

[Sect. 5.] Tiiat the oath aforesaid shall be administred to each of
the meniliers of his majesty's council, every year, at the same time
when the usual oaths re(]uired to be taken by the said members of liis
majesty's council shall be administred ; and all officers, civil and mili-
tary, within this government, who shall be nominated or appointed,
shall, before they receive their respective commissions, take the oath
aforesaid, and their respective commissions shall be otherwise void ;
and all persons elected into any office by the general assembly shall
be deemed not qualified to enter upon the execution of their respective
offices until they have taken the oath aforesaid.

And be it further enacted,

[Sect. G.] That no execution shall be issued from the oflice of any
clerk of any of the inferiour courts of common pleas, or of the siipe-
lioiir court[s] of judicature, for any sum whatsoever, unless the plnin-
liir or plainfifTs, suing in his or their own rigiit, and dwelling within
this province, shall first take the oath aforesaid, to l)e administred by

[8d Sess.]

Province Laws. — 1701-02.

ol;1

a justice of the peace, or by the clerk of the court from which such
execution shall issue ; and certificate thereof shall be made on such ex-
ecution ; aud if any execution shall issue or go forth without such
certificate, the same shall be and hereby is declared to be void ; and
no licence shall be granted to, nor any recognizance taken from, an}'
taverner, innholder or retailer, liy the justices of an}" of the courts of
session[s] within this province, until such taverner, innholder or
retailer shall have taken said oath in presence of the court, or certificate
of his liaving so done, from a justice of the peace, shall be presented
to the court.

And be it further enacted,

[Sect. 7.] That for every oath administred as aforesaid by the clerk ciork's f<cB for
of any court, he shall be allowed threepence, and for every certificate "h" o"ih.' ""*"'
by him signetl as aforesaid, threepence, and no more ; and the cost and
charge of such oath and certificate shall be added to the sum in the
execution required to be levied accordingly.

And zvhereas it frequently happens that persons who arc intitled to Preamble,
take out writs of execution upon judgments by them obtained, are ab-
sent out of this province, or employed in his majesty's service in such
parts of it as are very remote from the places where such judgments
are entred, and so cannot take the oath by law apj^ointed to be taken
before executions are issued; wherefore, for remedy of these inconven-
ienc[«]es, —

Be it enacted,

[Sect. 8.] That when any person or persons shall be absent from
this province, or employed in his majesty's service in such parts thereof
as are very remote from the courts or places where they recover judg-
ments, in all such cases it shall be lawful for the clerks of the superi-
our court of judicature, court of assize and general goal delivery, and
of the inferiour courts of common pleas, or other courts of law, to
issue writs of execution, when applied for, upon judgments recovered
by such person or i)ersons as are before mentioned, notwithstanding
he or they have not taken the oath appointed by this act to be taken :
provided, nevertheless, that before executions are issued, as aforesaid. Their absence
a certificate in writing, under the hand of any justice of the peace for '^"•recertified,
any county in the province, shall be delivered to the clerk who issues
the execution, setting forth that, at the date of said certificate, the
person or persons on whose l)ehalf execution is applied for, is then out
of the province, or employed in his majesty's service as aforesaid.

[Sect. 9.] This act to continue and be in force until the last day
of 3Iarch, which will be in the year of our Lord one thousand seven
hundred and sixty-seven. \_Passed Januanj 30 ; * publisTied February
15, 1V62.

Proviso for per.
sons out of the
pro\'incc.

CHAPTER 2 8.

AN ACT IN ADDITION TO AN ACT MADE AND PASSED IN THE TWENTY-
THIRD YEAR OF HIS LATE MAJESTY GEORGE THE SECOND, INTI-
TULED "AN ACT FOR ASCERTAINING THE RATES AT WHICH COINED
SILVER AND GOLD, AND ENGLISH HALFPENCE AND FARTHINGS,
MAY PASS WITHIN THIS GOVERNMENT."

"Whereas divers doubts have arisen and a question been made.

whether the gold coins mentioned in an act. made and passed in the

twenty-third year of his late majesty George the Second, intituled " An

Act for ascertaining the rates at which coined silver and gold, and

• Signed March 6, 1762, according to the record.

Preamble.
1T49-0O, chap.
lU.

516

Province Laws. — 1761-62.

[Chap. 29.]

Gold and silver
coin niailu a
lenilcT.

English halfpence and farthings, ma}^ pass within this government,"
are a legal tender, —

Be it therefore enacted and declared by the Governor^ Council and
Hoxise of Representatives,

That the several gold and silver coins, in the said act specified, at
the rates in the said act mentioned, are and shall be lawful mone}' of
this province, and a legal tender in all pa3ments, pubUck and private ;
and all judgments shall be entered up in lawful mone}", without an}'
abatement, rebatement or allowance by reason of the varying prices
of gold or silver bullion : jnovided., that a Johannes, or gold coin of
Portugal, mentioned in the said act, shall not weigh less than eighteen
pennyweight ten grains ; an half-johannes, not less than nine penny-
weight and five grains ; a moidorc, not less than six pennyweight twcu-
ty-lwo grains and one-quarter of a grain ; and a guinea, not less than
five pennyweight nine grains ; and that such of the said coins which
shall fall short of the respective weights aforesaid shall, nevertheless,
be accounted a tender, with an allowance for such deficiency at the
rate of gold at twopence halfpenny per grain. [^Passed February 8,*
1762.

CHAPTER 29.

AN ACT FOR THE BETTER SECURING THE POSSESSORS OF THE PROV-
INCE TREASURER'S NOTES, BY ENABLING THE PROVINCE TREAS-
URER TO GIVE NEW RECEIPTS OR OBLIGATIONS IN LIEU OF SUCH
NOTES AS ARE NOW EXTANT.

Wheiieas the treasurer of this province hath been impowered and
directed, by several acts, to borrow large sums of money for the use
of the province, and to„give his receipts or obligations for the pa}'-
ment of the same, many of which receipts and obligations are now
outstanding and unpaid ; and divers frauds and deceits have been put
upon several persons, by forging and counterfeiting said ivceii)ts and
obligations, tendering in payment, uttering and exchanging, such
forged and counterfeit receipts and obligations, to the prejudice of the
publick credit, —

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

[Sect. 1.] That all receipts, notes, or obligations, hereafter to be
given by the treasurer of this province, by virtue of this or any other
act now in force, for money borrowed, or to be borrowed, for the use of
the province, shall be in the form following; viz., —

I'rovince of the ^Massachusetts Bay, the day of , A.D.

Borrowed and received of the sum of , for the use and ser-

viccof the province of the Massachusetts Bay; and, in behalf of said province,
I do hereby jirouiise and oblige myself and successors in tlie olliee of treasui'er
to r(;pay to tiic said or to his order, the day of ,

A.D. , the aforesaid sum of , in Spanish niill'd dollars at six

shillings each, or in the several species of coined silver and gold enumerated
I7io.60,clmp.l9. in an act made an<l passe<l in the twenty-third year of his late majesty King
(ienrgo the Second, intilnled "An Act for ascertaining the rates at whicii
coined silver and i^oM, Knglisli halfpence and farthings, may pass within the
government," — and according to the rates therein mentioned, with interest
amiually, at six per cent.

Witness my hand. II. G., Treasurer.

A". B.,)

C. D., V Committee.

E. V.,)

• Signed March G, according to the record.

Korm of the
new notes.

[3l> Sess.]

Pi'vOviNCE Laws. — 17(51-62.

517

— which form, except as is hereafter provided, shall be printed upon
the most suitable paper that can, from time to time, be provided b}- the
treasurer; and a suitable l)order round the same, and also the words
•• Province of the Massachu^^etts Baj," the word "Committee," and
the words '' Witness my hand," shall be struck off from a copper-plate,
which the treasurer likewise is impowered and directed to procure :
and each blank, before it is filled up, shall be stamped, in some con-
venient part of it, with a stamp, of a new form, to be procured by the
treasurer for that purpose.

A)ul be it further enacted,

[Sect. 2.] That a committee of three shall, from time to time, be
ai)|)ointed by the general court, who shall sign all tlie blanks, at the
left hand, as in the Ibrm aforesaid is prescribed, before the treasurer
(ill them up ; and the said treasurer and the said committee are also
impowered and directed to dispose of the custody of said copper-plate,
and stamp, in such manner as in their discretion shall ap[)ear most
likely to prevent any frauds or counterfeits ; and the said committee,
and all persons to be employed in the printing, engraving or stami)ing
of said blanks, shall be under oath to the faithful discharge of their
respective trusts.

And be it further enacted,

[Sect. 3.] That the treasurer be and he is hereb3' impowered and
directed, upon the request of the possessor or possessors of an}- of his
receipts or obligations, for money borrowed for the use of the province,
which are now outstanding, and not payable at the time of such re-
quests, to take such receipts and obligations up, and to give the
possessor or possessors, in lieu thereof, new receipts or obligations for
such sum or sums as are contained in the receipts or obligations so
taken up ; or shall give one new receipt for any such number of old
ones as the possessor shall request to have in one new receipt or obli-
gation, taking care to pay the interest up to the time of exchanging
such old receipts or obligations ; which new receipts or obligations
shall be made payable at the same periods with those taken up : pro-
vided none of said new receipts be for less than six pounds ; and all
the funds established or appropriated, by any act or acts of this prov-
ince, for the redemption and payment of anv such old receipts or ob-
ligations, are hereby confirmed, and shall remain established and
appropriated to the redemption and payment of the new receipts and
ol)ligations to be given in the form prescribed by this act ; and such
new receipts and obligations shall, to all intents and purposes, avail the
l)Ossessor as if he were possessed of the receipts or obligations so to
be given up.

And be it further enacted,

[Sect. 4.] Tliat no possessor or possessors of any of the treas-
urer's notes, receipts, or obligations, now payal)le, or that may becoujc
payable before the last day of June next, shall receive any interest
upon such receipt or obligation for any longer term than until the last
day of July next.

Provided, always, —

[Sect. 5.] That all the treasurer's notes which are now outstand-
ing and unpaid, and which the possessors will not exchange for notes
of the above-mentioned form, shall, at the several periods of payment, bo
paid according to the face of such outstanding notes ; and all such as
promise silver shall be \^tn(\ in silver at six shillings and cightpence
l)er ounce, or S[)anish mill'd dollars at six shillings each ; and the
treasurer is hereby directed to pay the same accordingly.

And be it farther enacted,

[!^CT. 6.] That all the possessors of the treasurer's notes, who do

Committee to
Bigii the new
notes.

Old notes to be
exchanged.

Records con-
firmed.

No further in-
terest to be al-
lowed on notes
payable after
the last uf June

Notes now out-
etandini; to be
paid in silver, if
not exchanged.

Such notes to

518

Province Laws.— 1761-62. [Chap. 30.]

be brought, in to not cliuse to have them exchanged for notes of the new form, shall,
bu Btampcd. gomc time before the last day of June next, bring such notes to the
treasurer's office and have them stamped, and an account taken of
them by the treasurer and a committee to be appointed b}' the gen-
eral court ; and no interest shall be paid upon any such treasurer's
notes, receipts or obligations, not brought in as aforesaid, for any
longer time than until the last day of Jul}- next ; which notes, so
stamped, shall be returned to the possessors, and the account so taken
shall be signed by said committee, and by them transmitted to the
general court. [Passed February 10, 1762.*

CHAPTER 30.

AN ACT TO INVEST THE COMMITTEE OF THE FIRST PRECINCT IN
REHOBOTH, AVITH CORPORATE POWERS FOR CERTAIN PURPOSES
THEREIN MENTIONED.

Preamble.

Precinct com-
mittee incorpo-
rated into a
body politic.

Money mined to
he pill to liiler-

Whereas the first precinct in Rehoboth, whereof the Revei'end Mr.
John Carnes is the present pastor, have humblv supplicated this court,
setting forth tliat, by the sale of certain lands the\' were by this court
enabled to sell, they are now possessed of the sum of six hundred
pounds, which sum, with some iutei-est gained thei'cto. they pray may
be placed at interest, and the interest accruing thei-eby to be placed at
interest, until [1] the sum of twelve hundred pounds be thereby raised
on tiie whole ; and that the same sum may be placed at interest, and
the income thereof l)e forever appi-()i)riated to the support of a Congre-
gational minister within the said precinct, and that this court would
invest the committee of the said precinct with the powers needful for
those purposes, —

Be it therefore enacted bj/ the Governor, Council and House of
Rej>resentatives,

[Sect. 1.] That Daniel Carpenter, Thomas AUyn, John Hunt,
John Cooper and Ebenezer Walker, the present committee of the
said pi'ecinct, and those which shall lie, annually, hei-eafter, forever,
chosen by the said precinct to the same office, shall be and are hereb}-
declared a body cf)r[)orate. by the name of the Trustees of tlie first
Parisli of Rehoboth, and they ai'e hci'eby incoriwi-ated to this special
purpose; [to wit] [r/z.]. to i-cceive the said sum of 'six hundied
pounds, with the addition it iiath already gained, and to let the same
to intei-est, on good security, real or peisonal, as they, or the major
part of them, sliall judge best, and the interest received to i)ut out to
intei-est again, until [1], by this inci-ease, or by voluntary subscription
in the said precinct, or other lawful means, theic be raised a cai)ital
of twelve iiundi-c(l pounds hiwfiil moni'y of this province ; and all l)onds,
moi'tgages, or other lawful sccinities. maile to tlie said Daniel ("arpen-
tei', Thomas Allyn. .Folni Hunt, .lolin Cooper and Kln-nezcr Walker,
or their successors aforesaid, by \\w. corpoiate name afoiesaid, shall be
and are hereity (U'clared valid ; and they and their successors, or the
major part of them, l>y the said name, may appear and plead, sue and
defend, in any court within this province, in all mattei's touching such
securities.

And be it further enacted,

[Sect. 2.] That the said sum of twelve hinidred pounds, when
raised, shall be by the said trustees put to interest on good securities,

* Signed March. 6, according to the record.

[3d Sess.]

Province Laws.— 1761-62.

519

ami the interest annuall}' arising from the same shall be paid to a min-
ister of a Congregational church, resident, and ofliciuting in tlie work of
tlic ministr}-, within tlie said precinct, forever. And if it shall ever,
after tlie said sum of twelve hundred pounds is raised, hai)pen that
there [shall] be no minister of a Congregational church settled within
the said precinct for the space of one year, in ever}- such case the in-
terest arising shall be put out to interest on new security, and all such
increased capital shall be ordered and managed according to the direc-
tions hereinbetbre given, respecting the said principal sum of twelve
luindied pounds. And the said Daniel Cari)enter, Thomas Allyn,
John Hunt, John Cooper, Ebenezer Walker, and their successors afore-
said, are, with respect to the said sum of twelve hundred pounds, and
all such increased capital, full}' incorporated, impowered and directed
in manner aforesaid.

And be it further enacted,

[Sect. 3.] That if, at an}- time, the said precinct shall, at their an- Proviso in case
nual meeting in March, neglect to ch[oo][M]se a precinct committee, "f neglect,
the committee then last before chosen shall continue vested with all the
powers and priviledges afoiesaid, until new ones be chosen.

And be it further enacted,

[Sect. 4.] That the said committee and their successors shall be
accountable to the said precinct, and may, by them, for any misde-
meanor in their office aforesaid, be removed from their said trust, and
new ones appointed in their stead. \^Passed February 11,* 1762.

Coramittco to be

iiocountablu,

&c.

CHAPTER 31.

AN ACT TO PREVENT DAMAGE BEING DONE ON THE MEADOWS AND
BEACHES LYING IN AND ADJOINING ON THE NORTH-EAST PART
OF THE TOWN OF YARMOUTH, BETWEEN QUIV[E][ri T HARBOUR,
ON THE EAST, AND SESUIT HARBOUR, ON THE WEST.

Whereas many persons frequently drive numbers of neat cattle, Preamble,
horses, sheep and swine, to feed upon the beaches, meadows and shores J^^^-^. c^ap.
adjoining to the north-east of Yarmouth, lying between Qulvet harbour,
on the east, and Sesuit harbour, on the west, whereby the ground and
beach is much broken and damnified, and the sand blown on said ad-
joining meadows and upland, to the great damage, not only of sundry
pri^ ate persons, but to the whole propriety in general, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That from and after the publication of this act, no per- creatures n<>i t«
son or persons shall presume to turn any neat cattle, horse-kind, sheep
or swine, to or upon any of the beaches, meadows or shores that
l[y][*"e] on the north-east part of tlic town of Yarmouth, between
<Juivet harbour, on the east, and Sesu[e][/]t harbour, on the west, at
any time between the first day of April, and the last day of October,
yearly, during the continuance of this act, on penalty of pa}ing for eacli Pcnuity.
offence five sliillings a head for neat cattle, horses or mares, of one year
old or upward, and one shilling a head for each sheep or swine that
shall be turned or found on said beaches, meadows or shores, within
the limits aforesaid ; which penalty shall be recovered by any person
that shall inform of and sue for the same : the one half of said forfeiture
to him or them that shall inform and sue for the same, the other half to
be to and for the use of the i)Oor of said town.

* Signed March 6, according to tlie record.

be turned out
on tbc beiiclie
&c.

520

Province Laws.— 1761-62. [Chap. 32.]

Creatures to be
impounded.

Fees and costs
of impounding.

And be it further enacted,

[.Sect. 2.] That if an}- neat cattle, horse-kind, sheep or swine
shall, at any time hereafter, bo found feeding on the said beaches, mead-
ows or shores that l[y][06 between said Quivct harbour and said Ses-
u[e ][/]t harbour in said yarmouth, it shall and may be lawful[l] for
any person to impound the same, immediateh' giving notice thereof to
the owners [thereof j, if known, otherwise to give publick notice there-
of bv i)osting the same up in some publick place in said town and the
two next adjoining towns ; and the impounder shall relieve the said
creatures with suitable meat and water while impounded ; and if the
owner thereof appear to redeem his impounded creatures, he shall pa\'
one shilling and sixpence to the impounder, for each neat beast and
horse-kind, and six[)ence for each sheep and swine, and the rea-
sonable cost of relieving, besides the poundkeeper's fees as by law ap-
pointed for such creatures. And if no owner appear within the space of
six days to redeem tlie said cattle, horse-kind, sheep or swine so im-
pounded, and pay the cost and damage occasioned by impounding the
same, then and in every such case the person impounding such cattle or
horse-kind, sheep or swine, shall cause the same to be sokl at publick
vendue, and pay the cost and charges arising about the same (i)ublick
notice of the time and place of such sale, to be given in the said town of
Yarmouth, and in tlie towns of Barnstal)le and Harwich, forty-eight
hours beforehand), and the overplus, if any there be, arising by such
sale, to be returned to the owner of such cattle or horse-kind, sheep or
swine, at any time within twelve months next after, upon his demand-
ing the same ; but if no owner appear within the said twelve months,
then the said overplus shall l)e one half to the party impounding such
cattle, horse-kind, sjieep or swine, and the other half to the use of tlu3
poor of the said town of Yarmouth.

Provided, —

[Sect. 3.] That nothing in this act shall be construed to prevent
the owner or owners of such lieach or meadows, or any improving un-
der them, from turning on their horses they ride, or cattle they improve
in their teams, to fc^ed on said beach or meadows while they arc cutting
or caiting their salt ha}' off said beach or meadows.

Provided, also, —

[Sect. 4.] That the owners of the meadows shall keep up and
maintain their fences pursuant to former agreements.

[Skct. .').] This act to continue and l)e in force for the space of ten
years from the first day of March next, and no longer. [^Passed Feb-
ruary 11 \ published February 15, 1762.

CHAPTER 32.

AN ACT TO INCOUrORATK CKRTAIX PERSONS BY THE NAME OF THE
SOCIETY FOR I'ROl'ACJATINC} CHRISTIAN KNOWLEDGE AMONG THE
INDIANS OF NORTH AMERICA.

Kiwiiiiiwe.i iiy Tiir, signal siicct-ss with which it lias pleased Almighty (lod to crown

I:ni ii'ilyVi "wiiii. •'"'^ majesty's arms, calls upon us to express our grateful acknowle(lg[f'J-
rrcnmbic ' uieuts to the Author of it. and to demonstrate our gratitude, by endeav-

ouring to spread the kno\vledg(> of his religion ; a favourable opportunity
of doing tliis among the Indians of America seems now to present
itself. a.s the French of Canada, being subjected to his majesty's domin-
ion, have it less in their power to obstnict so good a work ; for [the\

[3d Sess.]

Province Laws. — 1761-62.

521

PcrBons' n:iin('8
hereby incorpo-
rated.

promoting of which, clivers worth}- persons have petitioned this court for
an act of incori)oration, whercb}' they luuy bo enabled, with the assist-
ance of the charitably disposed, to proceed in it with vigour, and carry
it more eflectually into execution ; wherefore, —

Be it enacted hu the G'oi'ento[u]r, Council and House of Represen-
tatives,

[Sect. 1.] That Andrew Oliver, Isaac Royall, John Erving, Wil-
liaiu Brattle, Robert Hooper, James Bowdoin, Thomas Hancock,
Thomas Hubbard, Nathan[i][a]el 8parhawk[e], Harrison Gray and
Thomas Flueker, Esqrs. ; the Reverend Edward Holyoke, president of
Harvard Collc[d]ge; the Reverend Joseph Sewall, Charles Chaunc}'
and Jonathan Mayhew, Doctors of Divinit\- ; John Thillips, E^zekiel
Goldthwait, John Ruddock, Francis Borland, Joshua Henshaw, Zacha-
riah Johonnot, Joseph Green, Isaac Winslow, James Pitts, Samuel
Grant, Joseph Jackson, James Otis, junr., Royall Tyler, Thomas Gush-
ing, John Scollay, Benjamin Austin, Joseph Sherburn, William Blair
Towusend, Wiyiam riiillips, Thomas Fayerweather, William Story,
John Barrett, Samuel Dexter, John Symmes and Benjamin Ilallowell,
junr., Esqrs. ; the Reverend Thomas Foxcroft, Xathan[i][a]el Apple-
ton, Ebenezer Pemberton, Hull Abbot, Thomas Prentice, Samuel
Mather, Andrew Eliot, Samuel Cooper, Samuel Checkley, junr., Amos
Adams and Alexander Cumming, ministers of the gospel ; Messieurs
Middlecot Cook[e], John Tudor. Jonathan Gushing, William Ilickling,
"William Ilyslop, Stephen Hall, John Sim[p]son, Oxenbridge Thacher,
Samuel Phillips Savage, Samuel Deming, Benjamin Church, Isaac
Walker, Samuel Hill. Nathan[i] [((]el Holmes, John Dennie. Benjamin
Ilammatt, Fortesque Vernon. Henderson Inches, William Homes. Ed-
ward Langdon, Richard Martyn, Henry Newman, Thomas Marshall,
Benjamin Dolbear, Thomas Gray, Henry Bromfield, Jonathan Williams,
William Whitwell, John Greenleaf, Timothy Newell, Isaac Smith, Wil-
liam Greenleaf, Onesiphorus Tilestone, William White, Ebenezer Storer,
AVilliam Gray, Moses Gill, Jonathan Mason, Daniel Waldo, Alexander
Hill, John White, Moses Peck, Thomas Ilandisyde Peck, John Melvill,
Samuel Adams, Benjamin Clarke, Samuel Abbot, Peter Boyer, Benja-
min Gray, Christopher Clarke, John Scot, Thomas Fletcher and Samuel
Minot, together with such others as they shall elect, be and they are
hereby incorporated and made a body poUtic[/t-], for the purpose afore-
said, by the name of the Society for Propagating Christian Knowledge
among the Indians of North America ; and the society aforesaid shall Purpos^e oMa
have perpetual succession, and may have a common seal, which it shall '''"^**"
be lawful for them to change, break, alter, and make new at pleasure,
and may purchase and hold in succession lauds, tenements, and real
estate of any kind, the annual income and profits whereof not exceed-
ing the value of two thousand pounds sterling.

[Sect. 2.] And the said society is hereby enabled to take subscrip-
tions of their own members, or other charitably disposed persons, and
may take any personal estate in succession ; and all donations to the
society, either by subscription, legacy or otherwise (excepting such as
may be differently appropriated by the donors), shall make a part of
or be put into the capital stock of the society, which shall be put out
on interest on good security, or otherwise improved to the best advan-
tage, and the income or profits applied to the use and benefit of such
tribes of Indians as they shall think proper, by causing them to be
instructed in the principles and duties of the Christian Protestant
religion: and the said society is hereby [e][']mpowcred to give such
instructions, orders and encouragements to their officers, and those
they shall employ, as they shall judge necessary ; and the persons em-
ployed as teachei-s, in any capacity, shall be men of reputed piety,

522

PROVINCE Laws.— 1761-62. [Chap. 32.]

First meeting.

Quarterly meet-

Officers to be
chosen.

Powor 1o pros,
uciilc, anil III
convey latiilH, in
certain caHOH,

Power to make
by-law«, and lo
nil up vacunc'ieii.

loyalt}-. prudence, gravity-, competent knowledge and literature, and of
other Christian and necessaiy qualifications suited to theii- respeftive
stations.

And he it further enacted,

[Sect. 3.] That the soc-ict}' aforesaid shall meet at some convenient
place, in the town of Boston in this province, on the fourth day of
March next, and then chusc a president, vice-president, treasurer and
secretar}', and such other officers as the}- shall judge proper ; and ma}-
then, also, elect new members, and ma}- make bye-laws and orders for
the regulation of the said society : provided such bye-laws be not repug-
nant to the laws of p]ngland, or the laws of this province ; and act
upon all matters which they apprehend needful to promote the end of
their institution ; and the officers aforesaid shall continue in their office
until the first Thursday of May next following the time of their ap-
pointment aforesaid.

And he it farther enacted,

[Sect. 4.] That there shall be a general meeting of the members
of the said society, quarterly, at Boston aforesaid, or in any other place
within this province, unless some extraordinary occurrence prevent the
same, on the first Thursdays of February, May, August and November,
yeai-ly, forever, at three of the clock in the afternoon, and oftner if
needful, when and where the said society shall think fit ; and any nine
of the members (the president, vice-president, treasurer or secretary
always to be one), being convened at the said times and places, are
hei-eb}- declared to be a quorum of the said general meeting.

[Sect. 5.] And the said society, at their general meeting in May,
in every year (and in case of any extraordinary occurrence preventing
their meeting tlien, at the next quarterly meeting after), shall, out of
their own body by a majority of the members present, elect a president,
vice-president, treasurer and secretary, and such Other officers as they
shall find needful, to continue in office until the May meeting next fol-
lowing their appointment, or until others be chosen to succeed them ;
and all tlie officers aforesaid, befoi'c they shall be qualified to act, shall
be under oath for the faithful performance of their respective trusts ;
and the said society, at any of their quarterly meetings, and at no
oth^r, may elect into their body such persons, being contribut[e][o]r3
and piotestants, as they shall judge qualified, to assist them in their
good design ; and may appoint a committee or committees to prosecute
the oi'dei-s of any general meeting, audit the tivasurer's accounts, and
l)r('pare matters for the society to act ujwn ; and the connnitlee or
conunittees shall exhibit an account of their proceedings at the general
meetings of the society, quarterly.

And he it further enacted,

[Sect. 6.] That the society aforesaid, by the name aforesaid, shall
be and is herel»y declared to be capable to iirosecute, pursue and de-
fend, in all courts and places, and l)efore all pr()|KM- jmlges whatsoever,
all actions, causes, processes and i)leas of what kind or nature soever,
in the fullest and amplest mainier. And if it shall liappen that the said
society shall becouK! seized of lands or tenements, by mortgage, as se-
cnrit} foi' pa\ nient of any debt, or by levying execution on lands for
discharge oI'Mciits, due lo said society, it shall be lawful for (he said
society, i»y deed under their st^d, to sell and convey the lauds ac(juircd
in I'ither of the two mentione<l ways: j^ravided, that no such sale shall
be made or concluded on but at some general (|uarterly meeting.

.\nd be it further enartcd,

[Sect. 7. J That the society aforesaid shall have, and there is here-
by granted to them, full power, at their quarterly meetings, and at no
other meetings, to make such rules, laws and ordinances as aforesaid,

[3d Sess.]

Pkovinck Laws. — 1701-62.

523

and to alter the same as the}" sliall see most convenient and needful for
the better government of the said society and managing the affairs
thereof, and for the more effectual promoting the aforesaid design.
And the said society is hereby [e][/Jmpowered, upon the death of
their president, vice-i)resident, treasurer, secretary or other officers, or
upon their acting unlaithfull3-, or not attending their respective stations,
and their removal upon these or an}' other just and necessary accounts
(the society being hereby [e][("]inpo\vered to makrf such removal), to
chuse others at any other quarterly meeting to succeed : provided, Proviso.
alwai/s, that no member shall l)e removed, or officer displaced, unless
at a quarterl}' meeting as aforesaid.

And to the end tliat the meml)ers of the said societj', and all con-
tributors to the said design, may know the state of the society's stock,
and the dispositions of tlie pix)fits thereof, and of all donations made
to the said societ}', —

Be it further enacted,

[Sect. 8.] That a particular account of such stock and disposition Accounts to be
shall be exhibited by the treasurer, at every quarterly meeting, which ^^^ibited.
account the secretary or a committee of the said society, having exam-
ined the same, shall certify to be true ; and fair entries shall be made,
in proper books provided for that purpose, of all donations made to
the said societ}', and of all the estate, both real and personal, belong-
ing to the society, and of the incomes thereof, and also of all transac-
tions, cither by themselves or by their officers or committees, for or on
account of the society ; and the said books shall be brought to the
quarterl}- meetings of the said societ}', and be there open for the peru-
sal and examination of the members. [^Passed February 11,* 1762.

" We are humbly of (ipinion that this Act is liable to several Objections for in
the first place the operation of the Act, tho' tlie Society itself would consist only of
the .Inhabitants of the Massachusetts erected Ijy an Act of that Province, would
extend beyond the limits of the Province itself "and in the second so extensive a
jiower given to one Colony may hereafter interfere with any general Plan Your
Majesty may think it advisable to pursue for the management of Indian Affairs in
N" America.

We are authorized in this apprehension by the late experience. We have had of
like inconveniences from the conduct of the Committee of Assembly of Pennsyl-
vania the consequence of which proceedings are set forth in tlie Papers annexed to
the Representation of the said Board to Your Majesty dated the 14"' of JanO' last.

We beg leave to add that the Society is by the Act subject to no control Audit or
Examination tho' the.v are made cajiable of receiving any Grants of Land and of
disbursing Sums for services to a very great extent.

For these Reasons We humblj' propose tliat this Act should receive Your Maj-
esty's disallowance." — Representation of the Lords of Trade, IS March, ITG^i: "Mass.
Baij,B.T." vol. m, p. 157.

CHAPTER 33.

AN ACT FOR ALTERING THE PLACE FOR HOLDING THE COURTS OF
GENERAL SESSIONS OF THE PEACE AND INFERIO[tr)R COURT OF
COMMON PLEAS HERETOFORE BY LAW HELD AT EDGARTOWN [IN]
DUKES COUNTY IX OCTOBER ANNUALLY.

Foil the better accommodation of the inhabitants of Dukes Count}-, —
Be it enacted hy the Governor, Council and House of Representa-
tive ft ^

That the court of general sessions of the peace and inferio[?t]r court Courts nitcred
of common pleas for the county of Dukes County, appointed liy hiw |iJ,niy?*
to be holden on the last Tuesday of October, annually, shall, instead

• Signed March 6, according to the record.

524

PIiOVl^•CE Laws.— 1TG1-G2. [CHArs. 34, 35.]

of being holdcn at Edgartown, be henceforth holden at Tisbury, in the
same county, on the hist Tuesday of Octobei-, annually- ; and all officers
and other jDersons conceined are requited to conform themselves accord-
ingly. [^Passed February 18,* 1762.

CHAPTEK 34.

AN ACT FOR ALTERING THE TIME FOR HOLDING THE COURT OF
GENERAL SESSIONS OF THE PEACE AND INFERIO[triR COURT OF
COMMON PLEAS IN THE COUNTY OF HAMPSHIRE, FROM THE THIRD
TO THE FIRST TUESDAY IN MAY.

Preamble.

Time for hold-
ing tbe courts,
altered.

Whereas one of tbe times appointed b}' law for holding the court of
general sessions of the peace and inferio[?t]r court of common pleas, in
the count}- of Hampshire, is on the third Tuesda}' of Ma}-, which time
is found inconvenient in some respects, and, it is apprehended, maj' be
altered with advantage to the publick, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That, for the future, the time for holding the court of
general sessions of the peace and inferio[?i]r court of common pleas
within and for the county of Hampshire, shall be the first Tuesday
in May, annually, instead of the third Tuesday of the same month.

Be it further enacted,

[Sect. 2.] That all writs and other processes already issued, or
that ma_y issue before the last day of March next, returnable to said
courts at the day heretofore appointed for holding the same, in the
countv aforesaid, shall be returned, and all matters depending at said
courts shall be proceeded on, at the day appointed b}- this act for hold-
ing the same ; and all ofliccrs and other persons concerned are required
to conform themselves accordingly. \_Pa^sed Febriiary 23,* 1762.

CHAPTER 35.

AN ACT, IN ADDITION TO THE SEVERAL ACTS OR LAWS OF THIS
PROVINCE RELATING TO COMMON FIELDS, TO EXTEND ONLY TO
THE COUNTY OF HAMPSHIRE.

I'lTumble.
]r,<.y>-m, ell. 28.
ir/.is, eh. I'J.
171J-i:i, cb. 0.
l-|S-l'.i, eh.:!.
17.J7-J8, cb. 13.
1753-54, cb. 20.

Ill whnt cnKC*
tbu hcbhIomh
niuy rnuBO oar-

WiiEUEAS the minor part of the owners or proi)rietors of common
liclds in the county of Hampshire, in some instances, have been and
may bi; desirous of a |)artition of such field into two or more distinct
fields, from a jH'rswasion that their shares or lots might, if seperated
and fenced ofl" from the rest, l>e improved much more to their advan-
tage, in some manner different from that agreed on by the majority ; lo
the end, llierefoi'e, that su<-hof the owners as are or may lie so minded
may not be unreasoualily restrained, by the rest, from having such [lar-
tition, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That when any three or more of the owners or pro-
prietors of lots in any coimnon or general field, in said county, shall

• Signed Manli (>, according to the record.

[3d Sess.] Province Laws. — 1701-62. 525

make application, in writing, under tlieir hands, to tlie proprietors of titionstobe
snob field, at any meeting legally Avarnt'd Ibr that purpose, to have a ""'^''*
part in sueh general field, by one eonnnou fenee, divided and seperated
from the rest, to be improved as a distinct and seperate field ; in sueh
case, if the proprietors who have the greater part of the interest of
those who arc present at such meeting shall withold their assent to
sueh division or partition, or to a reasonable establishment of the pro-
portion of the divisional fence between said fields, to be made and
maintained by the proprietors of each, respectively, it shall be in the
power of the justices of the court of general sessions of the peace, in
that county, upon application to them made for that purpose, after
due enquiry had, touching the expediency of such partition, to cause
the same to be made, and to assign to each field the part and propoi'-
tion of the divisional fence that shall be erected and maintained by the
pi'()[)rietors of such fields respectively ; such partition and assignment
to be made b}' a committee of five discreet and disinterested persons,
under oath, or the major part of them, to be appointed by said court.

Provided, —

[Sect. 2.] That no order for partition be made, or committee ap- Proviso,
pointed, until the rest of the proprietors have been duly notified of
such api)lication, and opportunity given them to make their objections
thereunto ; which notice shall be given by serving the clerk of such pro-
prietors with a cop3' of such written application thirty daA'S, at least,
l)efore such order or appointment be made : and every committee that
shall be appointed and employed, as aforesaid, shall make return of
their doings, in writing, under their hands, unto said court, as soon
after as may be, for acceptance and confirmation ; and the proprietors
whose interest shall be so set of!', as well as the remaining proprietors,
shall have and enjoy all the powers and priviledges which the proprie-
tors of general fields are, by law, vested withal.

[Sect. 3. J This act to continue in force until the first daj* of July,
Atnio Domini one thousand seven hundred and sixty-five, and no
longer. [Passed February 23,* 1762.

CHAPTER 36.

AN ACT FOR HOLDING THE COURT OF GENERAL SESSIONS OF THE
PEACE AND THE INFERT0[r7]R COURT OF COMMON PLEAS, AT BID-
DEFORD, IN THE COUNTY OF YORK.

Be it enacted by the Governor^ Cojincil and House of Representa-
tives,

[Sect. 1.] That the court of general sessions of the peace, which Coims altered
formerly, by law, was held in Falmouth, in the county of York, on the y^^^^ county oi
first Tuesday of October, annually, henceforward shall be held, yearly-,
and ever}- 3'ear, at Biddeford, in the count}' of York, on the first Tues-
da\- of October, by the justices of the peace for the same county, or
so many of them as are or shall l)e limit[^]ed in the commission of the
peace; who are hcreb}- impowered to hear and determine all matters
relating to the conservation of the peace, and punishment of oflTenders,
and whatsoever is by them cognizable according to law, and to give
judgment and award execution thereon.

A)id be it further enacted,

[Sect. 2.] That the inferio[u]r court of common pleas, which, by

•Signet! March fi, according to the record.

526

Province Laws.— 1761-62. [Chaps. 87, 38.]

Preamble.
1753-04, chap.
S.'i.

Time for hold-
ing the courts,
uUered.

law, was held at Falmouth in the county of York, on the first Tuesday
of October, sliall be lield and kept in Biddeford in the county of York,
on the first Tuesday of October, yearly and eveiy jear, b}- four sub-
stantial persons that are or may be appointed and commissionatcd as
justices of the same court, any three of them to be a quorum for the
lioldiug of tlie said court ; who shall have cognizance of all civil actions
arising or happening witliin such county, triable at the common law, of
what nature, kind or qualit}' soever, and are hercb}- impowered to give
judgment therein and award execution thereupon. [^Passed February
23,* 1762.

CHAPTER 37.

AN ACT IN ADDITION TO AN ACT FOR ALTERING THE TIME FOR
HOLDING THE COURTS OF GENERAL SESSIONS OF THE PEACE
AND INFERIO[;:nR COURT OF COMMON PLEAS, WITHIN THE COUNTY
OF BARNSTABLE.

Whereas the time by law appointed for holding the courts of gen-
eral sessions of the peace and inferio[«]r court of common pleas, at
Barnstable, for the county of Barnstable, on the second Tuesday in
May, yearly, is found to be inconvenient, by reason of the altering of
the superio[M]r court of judicature, court of assize and general goal
delivery, within the counties of Barnstable and Dukes County, —

Be it therefore enacted hy the Governor, Council and House of
Representatives,

That the court of general sessions of the peace, and inferio[»]r
court of common i)leas, for and within the county of Barnstable, ap-
pointed by law to be on the second Tuesday in May. annually, be
henceforth held and kept on the last Tuesday in June, yearly. [Passed
February 23,* 17G2. «

CHAPTER 38.

AN ACT FOR ERECTING THE SOCIETY AND PARISH OF NATICK INTO
A SEPARATE DISTRICT BY THE NAME OF NATICK.

Preamble.

t^ntlck a dis-
trict.

17ni-fl2, chap.
Vl.

Wheueas the society and parisli of Natick, so called, within the
county of Middlesex, labour under many and great difliculties by rea-
son of their not [being f] erected into a distinct and separate district;
therefore, —

Be it enacted hy the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the society and parish of Natick be and hereby is
erected into a district by the name of Natick, according to the bound-
aries of the said parish ; and that the inhabitants of the said society
and parish be and hereby arc invested with all the priviledges, powers
and imnnniities that districts arc invested with, agreeable to an act
made ami passed in the first year of his majesty's reign, intituled "An
Act for the l)etter regulating districts within this province: " provided
that the present meetiiig-housc shall not be [re/^o t]ved, nor any new
mei'ting-liousc erected williin the same, without the special licen[s][r]o
of this coiut.

'Signed Manli (>, acroriling to the recoriL

t I'an-lunont iimtilatcd.

[3d Sess.]

PnoviNCE Laws. — 17G1-62.

527

[An *]d be it farther enacted hy the Governor, Council and Houae
of Represe>il((tires,

[Skct. 2.] That the AOtos of Uio said parisli of Natick, on tho Voicscon-
eiglileonth day \_of J((*]miary last, bo and hereby- are ratified and '"'"'"'•
coniirnied. [^Passed Februari/ 23, f 1702.

CHAPTER 39.

AN ACT FOR GRANTING SEVERAL BOUNTIES UPON WHEAT AND

FLOUR.

Bounty upon
wheat certified
by the surveyor.

Whereas the raising of wheat within this province, and manufactur- Preamble
ing the same into flour, will be of great utilit}', —

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

[Sect. 1.] That there shall be paid out of the public[/r] treasury of
the province, for ever}- bushel of good, sound, well-saved and win-
nowed wheat, of the growth and produce of this i)rovince, in the year
one tliousand seven hundred and sixty-three, and so, every jear during
tlie continuance of this act, eightpence per bushel, except what is in-
tended to be consumed by the person or persons who shall raise or pro-
duce it, and their respective families ; the quantity and quality of
wheat to be certified to the treasurer of the province, under the hand of
such skil[I]ful surveyor or surveyors as each town, district or planta-
tion shall ch[oo] ["]sc, at their annual meeting in March, j'early, for that
purpose, who shall be paid l)y the owner of such wheat, eightpence for
every twenty bushels he shall survey, and so in proportion for a lesser
quantity : which surveyor shall be sworn, as other town officers are, to
the faitlifid discharge of his office, in the words following; viz'^'^., —

You, A. B., being chosen a surveyor of wheat and flour, within the town of
C, for one year and until another be chosen and sworn in your stead, do swear
that you will well and faithfully execute your said office, after your best skill
and ciuiniiis;-, with all fidelity, and without any partiality, favour or affection ;
and that you will not pass your certificate for any wheat or flour but such as,
in your judgment, you shall judge to be good and merchantable, as the law
directs. So help you God.

And be it further enacted,

[Sect. 2.] That no wheat shall be accounted merchantable within
the intent of this act, nor iutitled to an}-, bounty, but such as shall be
bright, well cleansed, and sepcrated from the straw and chaff, and fit for
use. and that shall weigh, at least, fifty-six pounds per bushel; and no
poison shall be intit['<]led to any premium for wheat, until he hath made
oath, before such surveyor, who is hereby impowered to administer the
same, in the form following; viz''^., —

You, A. B., of , swear that the bushels of wheat,

by you now offered for a sun'ey and premium, is, bond fide, the produce autl
gi'owth of this province, and of lauds under your improvement, and raised
since the first day of September, Anno Domini one thousand seveu lunidred and
sixty-two ; and is Ijondftde designed for sale, and is over and above tho quantity
of wheat (whether of your own growth and produce, or otherwise) which you
intend or expect to use in your fandly ; and that neither you, nor any other i>er-
son, have received the pr<!mium for the same, or any part thereof. So help
you God.

— which oath shall be reduced to writing before it is administred ;

* rarthnicnt mutilated. t Signed March 6, according to the record.

Form of the
oath.

Quality of the
wheat, ascer-
tained.

Form of the
oath.

528

Province Laws. — 1761-62.

[Chap. 40.]

Form of certifi-
cate.

Premium on
flour.

Form of the
oath.

Forra of ccrtifl-
cute.

Limitation.

and the person taking the same shall subscribe his name thereto : after
wliich tlie siu've3or shall endorse or subscribe his certificate in the form
following; viz^'^., —

ss., the day of , A.D.

Surveyed the quantity of wheat within (or above) mentioned, and found it of
the weight of fifty-sis pounds per bushel, aud merchantable, within the mean-
ing of the law of this province, intituled " An Act for grantmg sevei-al boun-
ties upon wheat and flour."

— and the person receiving the premium shall give the province treas-
urer a receipt therefor.

And be it farther enacted^

[Sect. 3.] That for everj' gross hundred of fine, merchantable flour,
manufactured in this province after the last da}- of August, Anno
Domini one thousand seven hundred and sixt^-thi'ee, and made of
wheat of the growth and produce of this province (other than for the
private consumption of the manufacturer and his family), there shall be
l)aid, out of the public[^•] treasur}' of the province, the sum of eight-
pence per hundred ; the quantit}' and qualit}- of the flour to be certifietl
to the province treasurer, under the hand of the surve^'or, who shall be
paid, for every hundred of flour b}' hiin surve^'ed, one penny per hun-
dred, b}' the owner of the flour : and no pei'son shall be iutitled to an\-
premium for flour, until he hath made oath, before such surveyor, who
is hereby empowered to administer the same, in the words following ;
vizW.,—

You, A. B., do swear that the hundred of flour, by you now

offered for a survey, is, bond Ji(Je, designed aud intended for sale, and not to
secure a bounty upon youi- family consumption ; aud that the same was manu-
factured within this province, and made out of wheat raised within the
same, since the first day of September, one thousand seven hundred and sixty-
two ; and that neither you, nor any otlier person, have heretofore offered tlie
same for a survey, or received a premium for the same, or any part thereof.
So help you God.

— which oath shall also be reduced to writing before it is administred ;
and the person taking the same shall subscribe his name tliereto : after
which, the surveyor shall endorse or subscribe his certificate in the form
following; viz^'^, —

ss.,the day of , A.D.

Surveyed the quantity of flour within mentioned, and find it merchantable,
within the meaning of the law of this province, intituled " An Act for grant-
ing several bounties upon wheat and flour." J. D., Surveyor.

— and the person receiving tlie premium shall pioduce such oath and
certificate to the province ti'casurer, and give his receipt upon the same.
[SiccT. 4.] This act to be in force for the term of \\\iy jears from
tlic first da}' of July, Anno Domini one thousand seven Iniiidred and
sixty-three, and no longer. \_Passed March G ; published March 8,*
17G2.

CHAPTER 40.

AN ACT TO SUPPLY THE TREASURY WITH TWENTY THOUSAND

POUNDS.

Pronmbio. WiiKUicAS the great and general court, at their pi'esent session, have

voted that there be raised, within lliis government, two tlioiisand men —

• Pulilisliod I'"'('l)rniiry l.">, according to tlin printed acts.

[3d Skss.]

Province Laws.— 1761-62.

529

to be put uiulor the coininaiul of Gcupral AmlicM'st. in adclltion to the
men aheady under his eounnand beloniiinii to this government — to sup-
pl}' sufh part of the reguhir Ibrees in America as shall he drawn out of
the several forts and garrisons, to be employed in some important en-
terprise ; and ivlierecis the treasurer has represented to this court that,
when the taxes for the year one thousand seven hundred and sixty-one
are paid into the treasury, anil the government securities that will l)e-
conie due on or before the twentieth day of June, one thousand seven
hundred and sixty-two, are redeemed, there will be a considerable sur-
plusage in the treasur}- ; therefore, —

Be it enacted by the (rovento[u]7-, Council and House of Representa-
tives,

That the treasurer be and he herein' is directed to apply twenty thou-
sand pounds of the aforesaid surplusage, for the payment of the bounty,
vtc, the allowance to the officers for inlisting of men, and to the colo-
nels of the militia, and to such other persons as may be employed, by
the governo[u]r, in paying the bounty, and for billet[^]ing the troops,
and to enable the commissary-general to make necessary supplies, agre-
ablc to the orders of court ; to be drawn out of the treasury by warrant
from the governo[u]r, with advice of council, upon the appropriation
for the campaign in the year one .thousand seven hundred and sixty-
two ; and the secretary to whom it belongs to keep the muster-rolls and
acco[mi)][«»]ts of charge, shall lay before the house of representa-
tives, when they direct, such muster-rolls and acco[mp][?m]ts, after
payment thereof. [^Passed March G, 1762.*

MoneyH, how
approprialej.

CHAPTER 41.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS THAT ARE
EXPIRED, OR NEAR EXPIRING.

Whereas the several acts hereinafter mentioned (made in the reign
of his late majesty King George the .Second, and in the several years
of the same reign, as in this act is set forth), which are now-expired, or
near exiiiring, have been found useful and beneficial; viz^., an act
made in the fourteenth year, intit[?<]led "An Act to prevent damage
being done to the harbour of Cape Cod by cattle and horse-kind
feeding on Provincetown lands"; an act made in the fifteenth year,
intit[u]led "An Act in addition to an act intit[M]led 'An Act for ex-
planation of, and supi^lement to, an act refer[r]ing to the poor' " ; four
acts made in the sixteenth year; viz^"'., one, intit[y<]led '-An Act in
addition to and for rendering more effectual an 'Act for regulating the
assize of cask, and preventing deceit in packing of fish, beef and
pork, for sale, made in the fourth year of the reign of King William
and Queen Mary ; and also for the preventing fraud and injustice in
the measuring of gi-ain' " ; another act, intit[a]led "An Act to prevent
damage being done unto Billingsgate Bay in the town of Eastliani, by
cattle and horse-kind and sheep feeding on the beach and islands ad-
joining thereto" ; an act intit["]led "An Act to prevent nmltiplicity
of law-suits" ; also an act intit[«]led "An Act in further addition to
and explanation of an 'Act for regulating townships, choice of town
officers, &c.' " ; also three acts made in the seventeentli year, one,
inlit[«]led " An Act for preventing miscliief by um-uly dogs on the
island of Nantucket " ; another act, intit[H]led "An Act for preventing

• According tn the printed acts, this act was published February 15, 17G2.

Actscontinaed.

Provincetown.
1740-41, ch. 15.

Poor.
1741-12, cb. 4.

Astiize of cnska
and inciMuru of
strain.
1742-43, ch. 4.

Pillini^i^gate

IJav.

1742-43, ch. 11.

Lawgultd.
174J-43, ch. 25.

Uetrulating
townxhipH.
1742-43, ch. 28.
Unruly du^.
1743-U, ch. 6.

530

Province Laws.- -1761-62.

[Chap. 42.]

White-plne
trcfs.
1743-14, ch. 14.

BriJgea.
1743-44, ch. 21.

Harbor of Cape

Cod.

17+4-45, ch. 27.

Kcssct Meadow.
1746-47, ch. 27.

Puncook.
1747-48, ch. 11.

Support of min-
isters.
1750-51, oh. 21.

Kegulating
fences.
1750-51, ch. 22.

Salem meeting-
house.
1753-54, ch. 14.

Judicial pro-
cfL-dings.
175G-57, ch. 28.

Regulating
Indians.
1758-59, ch. 6.

Regulation of
fences.
1758-59, ch. 33.

Cord wood.
1758-59, ch. 16.

Limitation of
actions.
1759-60, ch. 15.

Martha'n
Vineyard.
1760-61, ch. 35.

the destruction of white-pine trees within this pro^^nc•e, and for en-
couraging the preservation of them for the use of the roN'al nav}' " ;
and another act, intit[«]k'd "An Act to regulate the expence of private
bridges"; an act made in the eighteenth year, intit[?<]led "An Act
in addition to the 'Act for preventing damage to tiie harbour of Cape
Cod, b}' cattle and horse-kind feeding on Provincetown lands ' " ; an-
other act made in the twentieth year, intit[M]led "An Act to prevent
damage being done unto Nosset Meadow, &}• cattle and horse-kind
feeding on the beach adjoining thereto " ; an act made in the twenty-
first year, intit[?<]led "An Act to enable the proprietors of Suncook to
raise money for the support of their present minister"; two acts
made in tlie twentj'-fourth year, one, intit[»]led "An Act * for the sup-
port of ministers in new plantations" ; another act, intit[?i]led "An
Act in addition to an 'Act for regulating fences, cattle, &c.' " ; an
act made in the twentj'-seventh year, intit[«]led "An Act to [e][/]m-
pOAver the proprietors of the meeting-house in the first pari.sh in
Salem, where the Reverend Mr. Dudley Leavitt now officiates, to raise
money to defre}' ministerial and other necessary cliarges " ; an act
made in the thirtieth 3'ear, intit[»]led "An Act for further regulating
the course of judicial proceedings"; an act made in the thirtj'-first
j-ear, intit[?(]lcd "An Act in addition to the several acts for the better
regulating the Indians " ; two acts made in the thirty-second yt^nv ; viz'".,
"An Act in addition to an act intit[v<]led an 'Act for regulating of
fences, cattle, &c.'"; also an "Act iii addition to an act iutit[?t]led
'An Act to prevent fraud in cord wood exposed to sale'"; an act
made in the thirty-third 3'ear, intit[?/]led "An Act in fin-ther addition
to the 'Act for limitation of actions, and for avoiding suits in law
where the matter is of long standing' " ; also an act made in the fii'st
year of his present majest3''s reign ; viz'"., an act intit[//]led "An Act
for preventing the stealing and clandestinely conveying sheep away
fiom the island of Martha's Vineyard, in Duke's Comity," —

Be it therefore enacted by the Gover7io\_i\]r, Council cnid House of
liepresentatives ,

That such of the before-mentioned acts as arc expired, with all and
ever}- article, clause, matter and thing therein respectively contained,
be and hereb}' are revived, and shall be in force until the first day of
July, which will be in the j-ear of our Lord one thou.sand seven Jiun-
dred and sixt3'-seven ; and such of said acts as are not [as] ^Tt ex-
pired, are hereb}- continued, and shall be in force until the said first
day of Jul}', Ajino Domini one thousand seven hundred and sixty-
seven, and no longer. [^Passed March 6, 1762. f

CHAPTEK 42.

AN ACT FOR ERKCTINO TIIE NEW PLANTATION CALLED FALLTOWN,
IN THE COUNTY OF IIAMl'SIIIRE, INTO A TOWN BY THE NAME OF
IJERNARDSTON.

Preamble. "NVriEUEAS it liatli been represented to this couit thtit the erecting the

lilaiittition cidlcd Kalltown, into a town, will greatly contribute to the
growth thereof, and reined}' many inconveniencies to whicli tlie inhab-
itants and proprietors may be otherwise sulyeet, —

•" Provi<linp;" oniitfcil in tli<> titlo.

t According to ttin printed ucts, tliis net was imlilislicd Kchninry 15, 17(>"2.

[3d Sess.]

Province Laws. — 17G1-62.

531

Be it enacted bn the Governor^ Counril and Ilotcse of Representa-
tives,

[Sect. 1.] That the phmtation albrosaid, hounded as follows; ^^j^*^* °*" *•''*
viz^'^, nortli, on the province line; south, i)aitly on Deerfield, and
partly on Greenfield ; east, upon Northfield ; and west, on Colrain ; he
and herehv is erected into a town hy the name of Bernardston ; and
that the inhahitants thereof l)e and herehy are invested with all the
powers, i)rivilctlges and ininuinities which the inhahitants of the towns
within this province do enjoy.

And he it flirt lie r emidod.

PSkct. 2.1 That Elijah Williams, Esquire, be and hereby is impow- Town.mooiing

* to Dt' wuriH'cl.

ered to issue his warrant, directed to some principal inhabitant in said
town, requiring him to warn the inhabitants of the said town, qualified
by law to vote in town aflairs, to meet at such time and i)lace as shall
be therein set forth, to choose all such oflicers as are or shall be le-
quired b}- law to manage the affairs of said town. \_Passed March G,
17()2.

CHAPTEK 43.

AN ACT FOR ERECTING THE NEW PLANTATION CALLED NUMBER
THREE, IN THE COUNTY OF BERKSHIRE, INTO A TOWN BY THE
NAME OF SANDISFIELD.

BouikU of
SandiHlic'Id.

Whekeas it hath been represented to this court that the erecting the Preamble
plantation called Number Three, into a town, will greatly contribute to
the growth thereof, and remed}' many inconveniencies to which the in-
habitants and proprietors may be otherwise subject, —

Be it enacted bjj the Governor, Council and Iloiise of Representa-
tives,

[Sect. 1.] That the plantation aforesaid, bounded as follows;
viz^'^., west, on New Marlborough; south and east, on Equivalent
Land, so called ; north, partly on Numl)er One, and partly on said
Equivalent Land ; be and hereby is erected into a town by the name
of Sandisfield ; and that the inhabitants thereof be and hereby are
invested with all the powers, priviledgcs and immunities which the
inhabitants of the towns within this pi-ovince do enjo}'.

And he it further enacted,

[Sect. 2.] That Joseph Dwight, Esquire, be and hereby is empow-
ered to issue his warrant, directed to some principal inhabitant in said
town, requiring him to warn the inliabitants of the said town. (|ualificd
by law to vote in town affairs, to meet at such time and place as shall
be therein set forth, to choose all such officers as are or shall be re-
quired by law to man[njage the aflairs of said town. [Passed March
6, 17G2.'

Town-meeting
to bo warned.

532

Province Laws.— 1761^2.

[Chap. 44.]

CHAPTER 44.

AN ACT TO SUBJECT THE UNIMniOVED LANDS WITHIN THIS PROV-
INCE TO BE SOLD FOR PAYMENT OF TAXES ASSESSED ON TIIEM
BY ORDER OF THE GREAT AND GENERAL COURT, AND VOTES AND
AGREEMENTS OF THE PROERIETORS THEREOF, AND TO ENABLE
PROPRIETORS OF NEW PLANTATIONS TO LEVY PROVINCE AND
COUNTY TAXES LAID UPON THEM.

Preamble.
1745-40, chap. 9.

Lands to be sold
ill case of noii-
pnyinent of'
taxus.

Notlflcatlon of
Ball', to be posted
up,

— and advertlacd
In the ni'Wg-
pnperi.

"Whereas it frequently happens that the proprietors of uniniprovod
hinds within the several towns, precincts, districts, new plantations
and proprieties within this province, neglect or delay to pay their i)ro-
portions of tlie sums from time to time assessed on such lands by order
of the great and general court, and according to their own agreements,
towards defreying the public[7t] charges arising within such towns,
precincts,, districts, new plantations and proprieties. —

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

[Sect. 1.] That if the assessors of any of tlie towns, precincts,
districts, new plantations or proprieties within this province, have, or
at an}' time to come shall, pursuant to the direction or orders of the
general court, lev}' or assess a tax upon the lands of the proprietors
situate in any of the towns, precincts, districts or new plantations
within this province, for defreying the pulilick charges arising in tlie
said towns, precincts, districts, new plantations or proprieties ; or if the
assessors chosen by the proprietors of the common and undivided land
in any of tlie towns, pi-ccincts, districts, new plantations or i)ropi'ieties
within this province, pursuant to the votes and agreements of such pro-
priety', have or shall levy or assess a tax, upon such pioprietors, by
them thought necessar}' to carry on and prosecute any actions or suits
that may be brought b}' or against them, or for the carrying on and
managing of any other public[/t] affair relating to such proprietors, or
performance of the conditions of their grant, respectively ; and such
proprietors shall neglect or delay to pa}' to the collector or collectors
the sums from time to time levied or assessed upon their lands, as
aforesaid, for sixty days alter such assessment is made, and pul)lished
by posting up the same in the town, precinct, district or new planta-
ti(m whore such land lies, and in the shire town of the county, — that
then and in such case it shall and may be lawful for such assessors,
]es|)ectively, to post up, in some public[/i] place or i)laees in the town,
preeinct, district or new plantation where the lands lie, notilit-atious of
the intended sale of so nuich, and no more, of such dolinqiieut proprie-
tors' lands or common rights, as they shall judge necessary to p.ay
and satisfy such rates and taxes and other necessary and intervening
charges, three months before the same l>e sold ; and also the assessors
shall l»e ol)liged, for the notilication of the non-resident ])roprietors, to
advertise, in all the several lioston newspapers, three si'veral weeks,
the intended sale, at least three months before the land be sold; and
it any delin(iuent proprietors do not, hy that time, pay such rates, or
assessments, and charges, then and in that case it shall ami may be
lawlhl for the assessors, at a ))iil>lic[/i"] vendue, to sell and execute
absolute deeds, in the law, for the convt-yance of sucii lands of the pro-
l)rietors to the ikmsou or persons who shall give most for the same ;
which deed shall be good and valid to all intents antl piu'poses, in the
law, for conveying siu'h est sites to the grantees, their heirs an<1 as-
Bign[e]s forever: and it the said lands be sold for more, than* the

• Sic : then ?

[3d Sess.]

riioviNCE Laws.— 1TG1-G2.

533

overplus, after all charges arising about the same arc subducted, to
be paid to such delinquent iiroprietors, or their order ; the money which
the said lands shall be sold for to be lodged in the hands of the treas-
urers of the respective towns, precincts, districts or proprieties ; who
are hereby directed to attend the orders of the assessors of such towns,
precincts, districts or pro[)rietiL's, for payment of the same, pursuant to
the true intent and meaning of this act, reserving to such non- resident
proprietors as are not inhabitants of this province, their lieirs or as-
sign[e]s, liberty for redemption of their lands so sold, they [)aying to
the grantees, or their heirs, respectiveh', within one year afterwards, the
sums for which the said lands were sold, with double damages until
the same be redeemed.

And be it further enacted,

[Sect. 2.] That the assessors of the several new plantations in the
counties of Worcester, Hampshire and Berkshire, which are not incor-
porated into towns or ilistricts, upon which any part of the province
tax is laid, be and hcreb}' are authori[s][3]ed, empowered and di-
rected to levy all province and county taxes set upon such plantations,
upon the whole propriety, except the public[A] rights; viz^'^., each
acre an equal part : and the collector or collectors are required to col-
lect the same, and in case any of the proprietors of such new planta-
tions, in said counties, neglect, for the space of sixt}- days, to pa\" such
assessment, then the assessors shall sell such delinquent proprietor's
lands, proceeding in manner as is above directed in this act for the
sale of proprietors' lands.

[Sect. 3.] This act to continue and be in force for the space of
three years from the first day of April next. l_Passed March 6,* 17G2.

Overplus
money to bo
returned.

Ri(,'ht of re-
d(.-inption, in
cusc.

Now pinntationi
in Worcester,
Ilaini)8bire and
Berkshire to be
oiisessed.

CHAPTER 45.

AN ACT FOR INCORPORATING THE PLANTATION CALLED NARRAGAN-
SET[r] NUMBER SIX, IN THE COUNTY *0F WORCESTER, INTO A
TOWN BY THE NAME OF TEMPLETOWN.

Whereas the plantation of Xarragansett Number Six, Ij'ing in the
county of Worcester, is competentl}- filled with inhabitants, who labour
under great difficulties and inconveniencies b}' means of their not being
a town ; therefore, —

Be it enacted by the Governor, Council and Hoiise of Representa-

tiVPS,

[Sect. 1.] That the said i)lantation, commonly called and known by
the name of Xarraganset [^] Number Six, bounding, westerly, on Poqui-
oge ; southerl}-, on Rutland District and Petersham ; easterly, on West-
minster; northerly, on Ii)swich-Canada and Roj'aishire, be and hcri'liy
is erected into a town liy the name of Tcmplctown ; and that the said
town be and hereby is invested with all the powers, priviledgos and im-
munities that any of the towns of this province do or mav b}- law enjoy.

Provided, — ,

[Sect. 2.] That nothing in this act shall be so understood or con-
strued as, in any measure, to supcrse[e]de or make void any grants or
assessments already made or agreed on l»y the iiroprietors of said place
in time past, but that the same shall remain and be as effectual as if
this act had not been made.

Bounds of the
town.

• According to the printed acta, this was published February l."», 17G2.

531

PiioviNCE Laws.— 1761-62. [Chaps. 46, 47.]

Town meeting
to be warned.

And be it further enacted,

[Sect. 3.] That Joshua Willard, Esquire, be and hereby is impow-
ered to issue his warrants to some principal inhabitant of the said plan-
tation, requiring him, in his majesty's name, to warn and notify the said
inhabitants, qualified to vote in town affairs, that the}' meet together at
such time and place in said plantation as, b}- said warrant, shall l)e .
appointed, to chuse such officers as may be necessar}- to manage the
affairs of said town ; and the inhabitants, being so met, shall be and
hereby are impowered to chuse said ofBcers accordingly. [^Passed
March 6, 1762.

CHAPTEE 4 6.

AN ACT FOR ERECTING THE NEW PLANTATION CALLED PAYQUAGE,
IN THE COUNTY OF WORCESTER, INTO A TOWN BY THE NAME OF
ATHOL.

Preamble.

Bounds of the
town uf Atbol.

Town meeting
to be warned.

Whereas it hath been represented to this court that the inhabitants of
the plantation of Payquage. in tlie county of Worcester, labour under
great difficulties, by reason of their not being incorporated into a town,
and are desirous of being so incorporated, —

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

[Sect. 1.] That the said plantation be and hereby' is erected into
a town b}' the name of Athol, bounded as follows; viz^'^., northerly,
on the plantations of Royalshire and INIountgrace ; westerly, on P^rving-
shire and New Salem ; southerly, on Petersham and the plantation called
Number Six ; and easterly, on said Number Six ; and that the inhabit-
ants thereof be and liereby are invested with all the powers, privi-
ledges and immunities that the inhabitants of the towns within this
proviui-e are, b}' law, vested with.

A7id be it farther enacte,d,

[Sect. 2.] That John Murray, Esquire, be and hereby is directed
and [i] [f'Jinpowered to issue his warrant, directed to some of tiie prin-
cipal inhal)itants within said town, requiring them to warn the inhabit-,
ants of said town, qualified to vote in town affairs, to assemble at some
suitable time and place in said town, to chuse such officers as arc
necessary to manage the affairs of said town.

Provided, nevertheless, —

[Sect. ;$.] The inhabitants of said town sliall pay their i)roiwrti()n-
al)U' part of such county and province charges as are already assessed
in like manner as tho this act had not been made. [_Passed March 6,
1762.

CHAPTER 47.

AN ACT FOR ERECTING TIIE NEW PLANTATION CALLED NUMBER
ONE, IN TIIE COUNTY OF BERKSHIRE, INTO A TOWN BY THE
NAME OF TYRINGIIAM.

rr.ainbie. WnEKEAS it hatli been represented to tliis court that the erecting the

pliintation called Number One, into a town, will greatly contri])ute to
the growth tliereof, and remedy ma:iy inconveniencies to which the in-
hal)itants and proprietors may be otlierwisc subject, —

[3d Sess.]

Province Laws. — 1761-62.

535

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the plantation aforesaid, bounded as follows;
viz^., west, on Shoflield ; south, partly on New Marlhoron^h, ami
partly on Number Three ; east, partly on Number Four, and partly on
land called the Equivalent I.antls ; northerly, on the unai)propriatcd
lands of the province, be and hereby is erected into a town l)y the
name of Tyringhani ; and that the inhabitants thereof be and hereby
are invested with all the powers, priviledges and immunities which
the inhabitants of the towns within this province do enjo}'.

And be it further enacted,

[Sect. 2.] That Joseph Dwight, Esqf''[?<<rf!], be and here])y is
[e][/]mpowered to issue his warrant, directed to some principal inhab-
itant in said town, to notify and warn the inhabitants in said town,
qualified by law to vote in town affairs, to meet at such time and i>lace
as shall be therein set forth, to ch[oo][uJse all such officers as are or
shall be required, b}' law, to manage the affairs of said town. {_Passed
March 6, 1762.

Bounds of the
town.

Town nipetinx
to be warned.

536

PiiOVi^'CE Laws.— 1761-62. [Chap. 48.]

ACTS

Passed at the Session begun and held at Boston,
ON the Fourteenth day of April, A.D. 1762.

CHAPTEK 48.

Preamble.

.lattpcrMauduit,
Knq., onipow-
orcil, ami. in
CiiHC, Uichard
JackHon, juii.,
to ri'ceivo
money.

I'rovliicu Ircus-
nicr lo ix'colvo

II lipiJll llH

urrival.

Jniipcr Mnndult,
ICHq., ami, in
raxc, Kicliard
•TacliHon, jiin.,
Esq., to receive

AN ACT FOR IMPOWERING JASPER MAUDUIT, ESQ., AND, IN CASE
HE IS PREVENTED BY SICKNESS, DEATH, OR ANY OTHER WAY,
RICHARD JACKSON, JUN., ESQ., TO RECEIVE ANY SUM OR SUMS
OF MONEY THAT ARE OR MAY BE DUE OR PAYABLE IN GREAT
BRITAIN, TO THE PROVINCE OF THE MASSACHUSETTS BAY.

"Whereas the parliament of Great Britain have granted two hunclrcd
tboiisand pounds sterling, to enable his majesty- to make a proper com-
pensation to the respective colonies in North America, for the expences
incurred b}- them in levying, cloathing, and pay, of the troops raised
b}' them, respectively, in the year one thousand seven hundred and
sixt}' ; and lohereas it is humbl}' hoped that the parliament will make a
grant to the said colonies, for the expences incurred, as aforesaid, in
the year one thousand seven hundred and sixtj'-one, and that will be
incui'red the present year, one thousand seven hundred and sixty-two, —

Be it enacted hy the Governor, Council and House of Representa-
tives^

[Skot. 1.] That .Jasper IMauduit, Esq., agent for this province in
Great Britain, and, in case he is prevented by sickness, death, or any
other way, Richard Jackson, jun., Esq., be and is hcreb}' authorized
and impowered to receive the whole and every part of the sum or sums
that are or shall be assigned by his majesty to the province of the Mass-
achusetts Bay, out of any grant made or to be made as aforesaid ; and,
upon recei[)t thereof, to give a full discharge therefor to the right hon-
ourable the lords commissioners of the treasuiy, or to any person or
persons, whatsoever, who may have the same, or any part thei-eof, in
his or their hands or possession ; and that the said Jasper Mauduit, or
Richard Jackson, pursue such instructions as they shall respectively
receive from the general court, with icgard to the transportation of
tlie same to this pi-ovince.

And he it fart lie r enacted,

[Skct. 2.] That the treasurer of the pi-ovince, for the time being,
b(^ and he is herein' fully authorized and impowered to demand and
receive the wliole and every part of such sum or sums of money, from
the connnander of any vessel on boai'd of which the same shall be sliip'd,
on the airival tliei-e()r witiiiu tliis govermnent.

And wlicri'ds tliere may be monies lielonging to tiic province in the
hands of William Uollan, Esq., or other persons in Great Britain, —

Be it enacted,

[Skct. .'}.] That llie said .las'per Mauduit, Esq., and, in case he is
prevented l)v sickness, death, or any other way, the said Richard Jack-
son, jun., Esq., he and iiereby is autliori>:ed and impowered to demand

[4th Sess.] Province Laws. — 1761-62.

537

of and receive from the said William Bollan, Esq., or any other person, papers, Sc, of
all monies in his or their hands, belonging to the province ; and also to Boiian.
receive of the said William Bollan, Esq., all papers in his hands, rela-
tive to the affairs of the province. [^Passed April 24, 1762.

CHAPTEK 4 9.

AN ACT TO EXPLAIN, AMEND, AND CARRY INTO EXECUTION, AN ACT
MADE IN THE FIRST YEAR OF THE REIGN OF HIS PRESENT MA-
JESTY, INTITULED "AN ACT FOR RAISING A SUM OF MONEY, BY
LOTTERY, FOR REPAIRING FANUEIL HALL IN BOSTON."

Whereas, in and by an act made in the first j-ear of the reign of his Preamble,
present majesty," intituled " An Act for raising a sum of money, by lot- i76o-6i, chap,
ter}', for repairing. Fanueil Hall in Boston," it is enacted '• that .Sam- ^"
uel Sewall, Samuel Phillips Savage and Ezekiel Lewis, or an}- two of
them, be allowed and impowered to set up and cany on a letter}' or
lotteries, amounting to such a sum as, b}" drawing ten per cent out of
each prize, or out of the whole, might raise a sum of two thousand
pounds, and no more, and that the said sum should be applied by them,
or the major part of them, to the rebuilding the said Fanueil Hall, and
the market under the same ; " and tohereas it is apprehended that the
said three persons, so appointed, are not a sufHcicnt number to execute
the same, so as to make a provision for the common accidents of death
and sickness ; and it appears that, b}' reason of the great advance of the
prices of materials and workmanship occasioned hy the late dreadful
fire, the said sura will not be sufficient for the purposes before men-
tioned ; b}' means whereof the sums of money which the said Samuel
Sewall, Samuel Phillips Savage and Ezekiel Lewis have already ex-
pended or engaged for, on the credit of the said act, and such further
sums as the}- may hereafter expend for the said purposes, will proba-
bly be lost to the publick by the incompletion of the said hall and mar-
ket.—

Be it enacted hij the Governor, Council and House of Rejjresenta-
tives,

That Thomas Gushing, Samuel Hewes, John Scollav and Benjamin Managorsap

pointt'cl lor

Austin, Esqrs., be added to the said Samuel Sewall, Samuel Phillips Faneuii-huii
Savage, and Ezekiel Lewis ; and that they, the said Thomas Cushing, ^'"'i^*''-
Samuel Hewes, John ScoUay and Benjamin Austin, Esqrs., together
with the said Samuel Sewall, .Samuel Phillips .Savage and Ezekiel
Lewis, be and they are hereby allowed and inrjiowered to carry into
execution the said act, in the same manner, and under the same regu-
lations and restrictions, as the said Samuel Sewall, Samuel Phillips
Savage and Ezekiel Lewis were, b}' the said act. allowed and impow- '
ered ; and further, that they, the said .Samuel .Sowall, Samuel Philli[)s
Savage, Ezekiel Lewis, Thomas Cushing, Samuel Hewes, .John Seollay
and Benjamin Austin, Esqrs., or any three of them, l)e and they are
herel)}- allowed and impowered, — by a lottery or lotteries, in tlie same
manner, and under the same regulations and restrictions, !is in the said
act is directed, — instead of the said sum of two thousand pounds, as
mentioned in the said act. to raise the sum of three thousand pounds,
over and above the necessary charges of the said lottery or lotteries;
which sum of t.liree thousand pounds shall l)e applied to the j-urposes
mentioned in the said act, according to the true intent and meaning
thereof, and to no othei- purposes whatsoever. [^Passed and p>ib-
lished April 24, 17G2.

538

PROVINCE Laws. — 1761-62. [Chap. 50.]

CHAPTER 5 0.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF SEV-
ENTEEN THOUSAND TWO HUNDRED AND FIFTY-ONE POUNDS, BY
BORROWING THE SAME.

Preamble.

Treasurer em-
powered to bor-
row £17,251.

1749-50, cbnp.
19.

Form of treas-
urer's receipt :

— to be

iilnmp(^d

Whereas the great and general court, at their present session, have
voted that there be raised, within this government, six hundred and
twent^'men, — in addition to the two thousand men voted to be raised the
last session, and the six hundred men already in the pa}- of the province
at Nova Scotia and Crown Point, — to be put under the command of his
excellenc}- General Amherst, to supph' such part of the regular forces
in America, as shall be drawn out of the several forts and garrisons
to be employed in some important expedition ; and have also voted a
bounty of three pounds ten shillings to each of the aforesaid six
hundred men at Nova Scotia and Crown Point, that shall inlist anew
in the service until the last da}- of October next ; and have also voted
a bounty of seven pounds to each able-bodied, eflfective man, not ex-
ceeding the number of eight hundred and ninety-three men, that shall
voluntarily inlist in the regular service, in order to compleat the regu-
lar regiments in America ; and whereas the provision made b}- this court,
the last session, for the pa^-ment of the troops raised l>3' this province in
the year one thousand seven hundred and sixt3--one, is insufficient for
that purpose, —

Be it enacted by the Governor^ Council and House of RejJi'esenta-
tives,

[Sect. 1.] That the treasurer be and he hereby is directed and im-
powered to borrow, from such person or persons as shall appear to lend
the same, a sum not exceeding seventeen thousand two hundred and
fift3--one pounds, in mill'd dollars at six shillings each, or in coined
silver and gold at the rate mentioned in an act, of this province, made
and passed in the twenty-third year of his late majesty George the
Second, intituled "An Act for ascertaining the rates at which coined
silver and gold, and English halfpence and farthings, may pass within
this government " ; and for the sum so borrowed the treasurer shall give
his receipts or obligations in the form following ; viz., —

Province of the Massachusetts Bay, the day of , A.D.

Borrowed and received of the sum of , for (he use and ser-

vice of the province of the Massachusetts Bay; and, in behalf of said prov-
ince, I do hereby promise and oblige myself and successors in the ollice of
treasurer to repay to the said or to his order, on tlie twentieth

day of June, A.I), one "thousand seven hundred and sixty-five, the aforesaid
sum of , in Spanish mill'd dollars at six shillings each, or in the

several species of coin'd silver and gold enumerated in an act, made and passed
in tiie t\v(Mity-tliird year of his late majesty King (Jeorge the Second, intituled
" An Art for ascertaining the rates at winch coined silver and gold, English
hall'|"'iie(! and fiutliings, may i)ass within this government," and according to
the rati's (lienMu mentioned, witii interest, aiumally, at six per cent.
^Vitness my hand.

A. B.,)

C. !).,> Committee. H. G., Treasurer.

— which form shall be printed upon the most suitable paper that can be
provided by the treasurer, and a suitable border round the same, — with
the words '' Province of the Massachu.setts Bay," (he word "Commit-
tee," and the words " Witness my hand," — whall be struck off from a
copper-plate, which has been juocured by order of this court, and is now
in the hands of the treasurer ; and each blank, before it be Glled up, shall

[4th Sess.]

Peovince Laws. — 1701-62.

539

be stamped, in some convenient part of it, with a stamp of the new form,
which has likewise been ])rocured by the treasurer for tliat piu'pose, and
is now in his hands : and no receipt shall be given for less than six
pounds.

And be it further enacted,

[Sect. 2.] That the committee appointed bj' the general court
shall sign all the blanks, at the left.hanil, as in the form aforesaid is
prescribed, before the treasurer fills them up.

And be it further enacted,

[Sect. 3.] That the aforesaid sum of seventeen thousand two hun-
dred and fifty-one pounds, when received into the treasury-, shall be
issued in the manner and for the purposes following ; that is to saj', the
sum of five thousand pounds, part of the aforesaid sum of seventeen
thousand two hundred and fifty-one pounds, shall be ap[)lied for com-
pleating the payment of the expeuces of the campaign in the 3-ear one
thousand seven hundred and sixty-one ; and the further sum of six
thousand two hundred and fifty-one pounds, part of the aforesaid sum
of seventeen thousand two hundred and fifty-one pounds, shall be applied
for paying a bounty to soldiers employed in the regular service in
America ; and the further sum of six thousand pounds, being the remain-
der of the said sum of seventeen thousand two hundred and fiftj^-one
pounds, shall be applied to pa}- the charges of the campaign in the 3-ear
one thousand seven hundred and sixty-two : to be drawn out of the
treasury by warrant from the governor, with advice and consent of
the council.

And in order to draw said money into the treasur}' agaiu, and enable
the treasurer to discharge the receipts and obligations (with the interest
that may be due thereon) b}- him given in pursuance of this act, —

Be it enacted,

[Sect. 4.] That there bo and hereby is granted unto his most ex-
cellent majesty a tax of twent}' thousand three hundred pounds, to be
levied on polls, and estates both real and personal within this prov-
ince, according to such rules, and in such proportions on the several
towns and districts within this province, as shall be agreed on and or-
dered by the general cqurt or asserablj-, at their sessions in May, one
thousand seven hundred and sixty-four, and to be paid into the public
treasur}' on or before the last day of March next after.

And be it further enacted,

[Sect. 5.] That if the general court, at their sessions in May, one
thousand seven hundred and sixty-four, and some time before the
twentieth day of June in said year, shall not agree and conclude upon
an act apportioning the sums which by this act are engaged to be, in
said year, apportioned, assessed and levied, then and in such case each
town and district within this province shall pay, by a tax to be levied
on the polls, and estates both real and personal, within their limits, the
same proportion of the said sum as the said towns and districts were
taxed by the general court in the tax act then last preceeding.

[Sect. 6.] And the province treasurer is hereby fully impowered
and directed, some time in the month of July, in the same year, one
thousand seven hundred and sixty-four, to issue and send forth his
warrants, directed to the assessors or selectmen of each town and dis-
trict within this proN-ince, requiring them to assess the polls, and es-
tates both real and personal, within their several towns and districts,
for their respective parts and proportions of the sums before directed
and engaged to be assessed, to be paid into the treasury on the afore-
mentioned time ; and the assessors, as also persons assessed, shall
observe, be governed by, and subject to, all such rules and directions
as shall have been given in the last preceeding tax act.

Committee lo
sign with tlie
treasurer.

Money bor-
rowed, how lo
be applied.

Tax of £20,300,
granted in 1764.

Rule for appor
tioniug the lax,
in case no tax
act eball be
agreed on.

540 Pr.oviNCE Laws.— 1761-62. [Chap. 61.]

And he it further enacted,

[Sect. 7.] That the treasurer pay the sum of seventeen thousand
two hundred and fift^'-one pounds, out of such appropriations as shall
be directed by warrant, and no other ; and the secretary to whom it
belongs to keep the muster-rolls and accounts of charge shall la}- be-
fore the house of representatives, when the}- direct,^ such muster-rolls
and accounts, after payment thereof.

Provided, always^ —
Proviso. [Sect. 8.] That the remainder, if an}' there be, of the sum which

shall be brought into the treasury by the taxes ordered by this act to
be assessed and levied, over and above what shall be sufficient to dis-
charge the notes and obligations aforesaid, shall be and remain as
a stock in the treasury, to be applied as the general court of this
province shall hereafter order, and to no other purpose whatsoever.
[Passed and published April 24, 1762.

CHAPTER 51.

AN ACT FOR ALTERING THE TIMES OF HOLDING THE GENERAL
SESSIONS OF THE PEACE AND THE INFERIO[^-]R COURT[S] OF
COMMON PLEAS FOR THE COUNTIES OF CUMBERLAND AND LIN-
COLN.

Be it enacted hy the Governor, Council and House of Representa-
tives,
Times for hold- [Sect. 1.] That in this present year, and every year for the future,
ii)g Cumberland ||,^. (reneral scssions of the peace and court of common pleas for the

and Lincoln /./^.iiiiiii ti i i i i

couru, altered, couuty of Cumberland, be holden, and they are hereby ordered to be
holden and kci)t, at Falmouth, on the third Tuesday of May, and tiie
second Tuesday of October ; any law to the contrary notwithstanding.

A)id be it further enacted,

[Sect. 2.] That in this present year, and every year for the future,
the general scssions of the peace and inferior courts of common pleas
for the county of Lincoln, be holden. and they are hereby ordered to
be holden and kept, at Pownalborough, on the first Tuesday of June,
and the last Tuesday of September; any law to the contrary notwith-
standing.

A)id Ije it farther enacted,

[Si;ct. ;>.] That all writs and processes already issued, returnable
to the courts aforesaid, at the times hitherto appointed by law for
holding said courts, ri'spei-tivcly, and all matters depending in said
courts, shall l)e pnx-eeded on at the times, resin>ctively, ap[)uinted I)V
this act for holding the respective courts aforesaid ; aiul all officers and
other pc'rsons concerned, are hereby required to conform themselves
accordingly. [Passed Ajrril 24, 17G2.

Notes. — All tli(> a<ts of this year, except tlio privato act, were printed: chapters
17 aixl ~'> scpariitcly ; Imt of Ilir< latter no jirinted cojiy has l)oen found. Tlio en-
fjrossinciils of cliaptiTs '_', :'., 4, I'J. 14, ].">, 1((, '_'"_', '_'.'>, '_'!>, .'!5. 4»S, 4!t, and .M), am missing.
Chai>tcr 'J.'!, in this \<iiuni(>, was printed from the original hill in the Statu archives.

The followiiifx is thr title of the oidy private act passed this year: —

"An Act ft)r Enahlin;; iSIarv Ilnnt t(> I)isposo ana Convev her Lands and Interest
in Holden."— [/'((.v.s,,/ April 24, i;(i-'.

The acts of the first session were duly certified for transmission, August 20, ITfd.
Tiny wer<^ delivered to the clerk of the Privy Council, in wailinjr, Noveniher 21,
and, two days later, were ri'ferred to tlie committee on iilant.ition alTairs, hy whom,
on the lentil of Decemher, they were sent to the Lords of Trade. From tlie Lords
of Trade they went, .January i:t, 17(i2, in regular course, to Sir Matthew Lamh. for
liis opinion tliereon, wlu), on the 22d of May, 17(i2, reported that he had no olijec-
tion to Ihcm iu point uf law. This report was road at the Buard, Jimo 0, 17C2, and

[Notes.] Province Laws. — 1761-62. 541

it was, thereupon, orilered that these acts "lye by probationary until the further
operation and effect of them sliouUI be known."

The acts of the second session wcto certilicd for transmission, January KJ, 1702,
anil ordered to be delivered to the (dcrk of the Council, in waitinc, June 8, 17G2.
No order iiivs been found referring tliem \>;wk to the Lords of Trade, nor has any
order of the Board been discovered referring them to Sir Matthew Land), although
the latter incliulcd these acts with the acts of the subsequent sessions, in his report
hereafter mentioned.

The acts of the tlnrd and fourth sessions were certified for transmission, July 0,
17li2, delivered to the clerk of the Council, in waiting, September '_')S, and referred,
the next day, to the committee on plantation affairs, by whom, on tlie 5"' of Octo-
ber, tliey were referred to the Lords of Trade. No record of action upon them by
the Board has been found U)itil Novcinlier 17, when tlie Secretary informed the
Board that these acts " were with S^ IMattliew Land), f(n- his Opinidn thereupon in

t)oint of Law." Tiiis opinion was given to the Board, January 10, IHV.^. It em-
)raced the acts of the second session, also, and made no objection to any of these
acts, except to the private act, the title of which is given above, and to tlie acts in-
corporating towns (see note to 17(J2-()o, chapter 8, iiosi). The report of Sir ISIatthew
Lamb wa.s considered by the Board, Januai-y 27, when the furtlier consideration of
these acts was postponed to the next day, at which time the resolution respecting
acts incorporating towns, as given in the note to 17(i'_'-(»;3, chapter 8, jjos^, was passed,
the further consideration of chapter .■".2 was postjioncd, as shown in the note to that
chapter, post, and the draught of a representation was ordered to be prepared, pro-
posing the repeal of the private act aforesaid.

Chap. 3. The proceedings relating to the apportionment of the grant, by parlL-v-
ment, for reimbursing a part of the expenses of the campaign of 17o!i, and to the
rectupt of the money from the treasury, are given in the note to 17(iO-Gl, chapter Id,
antr. The following shows the steps leading to the passage of the present chai)ter,
and also the part tliat Governor Bernaird took in tliis measure for drawing upon the
Agent, instead of importing the coin.

"April 7, 17G1. The Secretary deliver'd the following Message from his Excel-
lency the Governor to the two Houses respectively Viz'

Gentlemen of the Council and Gentltjman of the House of Representatives.

As there was no order made the last Session for getting over the money allotted
to this Province from the last Parliamentary Grant, I have taken tliis Ijusiness into
ray consideration, and find so large a difference of profit and loss betwc^en the two
^lethods of doing it that I cannot excuse myself stating it to You. But I do not mean
to Condemn what is past but only to take care of what is to come. Many circum-
stances might recommend the former method which do not now exist, one of which,
the ilifference of the Value of exchange is obvious. I shall only consid(?r what is
best to be done now. Supposing the sum to be the same as that of the last Year,
the Expence of bringing over the Money in Specie I shall reckon from what it cost
last Year, as it is not lik<? to be less the next Year. To this must be added the loss of
Interest arising from the different times of bringing it into the Treasury. The last
Years money arrived here on the 14"' day of ISIarch last, that of the i)resent Year;
if it be drawn for may be got into the Treasury by the l-t'h of May next. This will
make a difference of interest for ten Months; which to the Treasury which pays
interest for a much greater sum is a real Loss for so much money as it amounts to.

Thus the Account of the Expence and loss in bringing over the Money in specie
will stand,

Difference between the purchase of the money by weight and the

Amount of it by tale — to Loss £G0o, - 11

Charges of freighting the money &c* 129, 13, -

Freight of £5(j.000 ® 1 i^ cent 560, - -

Insurance as paid 1795, 15, 6

Interest of £58.485 being the sum which remain'd after the Charges of

receiving it from the Treasury were deducted, for ten months . . 2924, 5, -

£G014, 14, 5.

If we look for the advantages which are to Ballance this great Sum we shall find
them all imaginary; they are not of the Real Value of one shilling, if there was
any want of Specie for Circtdation, it would be but a temporary Convenience, and
not a lasting Gain to introduce Specie, and the want must be gi'eat to justify so
large a Premium as 10 ^•' Cent, btit wlien there is no want of Specie, nor like to be
any, till this money is quite disipated. the Expence &c is an entire loss without
even any Convenience to lie set against it.

To explain this let us suppose that whilst the Treasury of this Province has £G0,-
000 to receive in London, some Merchants of this Town want to pay the same sum
there, If the Treasury will not exchange its Credit against the Debt of the Mer-
chants, each must freight their own Money, and it is jiossible that the same sura
may be going out and coming in at the same time. The Province will gain nothing
by this but will certainly lose the Value of the freight, insurance and Interest of
both sums.

What I state here in a feigned Case of particular Persons and time, is actually
true in the Real and general Operations of Trade within a short tho indefinite time.
For as it is the Nature of Traile like Water to bring itself to a Level, it is just the
same thing whether Yon bring a certain quantity of Specie into the Province, or
prevent the like quantity from going out of it.

As therefore the Advantages of negotiating your money by Bills are very plain

542 Province Laws. — 1761-62. [Notes.]

and certain, the only question will be whether it he practicable. For this purpose
I have consiiltod some of the principal Merchants of this Town, and am by them
assured, tliat, if the Treasurer should be inijiowered to open a subscription for issu-
ing London Bills, for £50, or 00,000 — it would soon be full. I have by me a list of a
few Gentlemen who are ready to subscribe £30,000 therefore there is no doubt but
that tlie rest will soon be engaged. Not only the general emolument but the ]>ar-
ti(;ular expediency of the present time must recommend this to your considt^ration.

Fra Bernard." — Council liet-ords,
vol. XXIII., p. G99.

"April 21, 1761. A Bill intituled an Act for drawing into the Province Treasury
part of the proportion of this Province share in the sum granted l)y Parliament for
till? Year One Thousand seven hundred and Fifty nine as a compensation to the
Colonies &i' having jiassed the House of EepresenTatives to bo engrossed.

In Council Ptcatl a first and second time. And Oi'dered tbat John Erving "William
Brattle and .Tames Bowdoin Esrj ^ with such as th<> honourable House shall join be
a Committee to take this Bill under consideration and report what amendments
they judges proper to be made thereon. In the Hous(! of Representatives; Read and
Concurred and JNI'' Speaker, M'' "Welles, and Col" Worthington and M^ Foster are
joined in the Affair.

The Committee abovementioned made report that they had attended the Service,
and that upon the most mature deliberation had, they find so many difficulties at-
tending the passing this Bill at present, that they apprehend it is best that the far-
ther consideration of it be referred to the Session of the General Court in May
next. (Signed) John Erving ^■' order.

In Council Read and not accepted; and Ordered that the Bill pass to be engrossed
as taken into a new draft. In the House of Representatives; Read and Noncon-
curred and Ordered that the above Report he accepted. In Council Read and Con-
curred." — Ibid., p. 7GG.

"July 11, 17G1. In the House of Representatives, "^'hcreas this Court have
passed an Act for drawing Bills of Exchange upon ISV Agent Bollan for £iiO,000
Sterling. Ordered That the Secretary write to him to apply the Grant of IT.IU to the
payment of of such Bills, if he shall not b(>fore have Shipped it in Silver or Gold.
And if he shall have shipped it, then to apply the Provinces Projiortion of tlie
£200,000 — granted for ITGO to tlu; payment of such Bills. In Council Read anil
Concurred Consented to by the Governor."— Z&ifZ., r-ol. XXIV., p. !I3.

♦ C/iap. G. " Jan. 0, 1759. A Petition of the Tttwn of Rehoboth— Sign'd Ezekiel

Reed Town Clerk — Setting forth the Inconveniences that attend the supporting the
Gospel in two distinct Congregations while they act as one body in raising money for
that purpose. And jn'aying that said Town maybe divided into two distinct Pre-
cincts l)y certain ISIetes and Bounds as set forth in said Petition, and that th<^ Min-
isterial Lands lielonging to said Town be e{iually divided between the two Pn'cincts;
the Inhabitants of tii(> jiroposed first or West Precinct agreeing to jiay to the East
precinct the Sum of Three ]iounds annually for the term of fifteen years from and
after their settling a Minister in the East I'recinct.

In the House of Re]iresentati\'cs Read: And whereas it has been found by exjie-
rience that the maintaining the Gospel Ministry in the Westerly and Easterly parts
of the Town of Reholioth in two distinct and seperate Congregations while the In-
habitants have acted together as (mi> Precinct in raising money for that )iur]iosc has
occasioned greal diiiiculties in said Town. To ])revent the sanu^ for the future It is
resolved and Ordered That thc^ said Town of Rehoboth be, and the same hereby
is divided into two tlistinct and sejierate I'rceincts by the following divisional Line,
which shall Ik; deemed the Boundary Line between the said two I'recincts viz'
beginning at the Brick School house standing at tlie Parting of the Roads near the
Dwelling House of Cajit" Daniel Hunt, from thence to go in the C<iuntry Road:
Southeriy that leads towards Kelly's Ferry; until it I'onies so far Southerly as the
Baid Hunts Land bounds on the said Uoa<l ; then running Southwesterly with the said
Hunts Land until it comes to tin; Saltwater; Then again beginning at the said
Brick Schoolhouse. and running with the Highway going North easterly along by
tli(! House of Elieiiezer Allen, and th<' House where Josejili Peek deceased dwelt, and
on that Poad to the Hous<' of Capt" Thomas Peek, and by the House of Ephraiin
Hunt, and so N\)rllierly on thesami' Road until it conies to Palmers River old Road;
Iheu crossing that Road, and running Northerly on a Strait Line to the West cor-
ner of the Lanil of Andrew Carpenter near his House where the Roads me<'t. then
taking the i;r)ad that leads to Thomas Allen's House at the Southeast corner of his
Homestead Land, being the Southwest corner of the Homestead Land of Josiah
Cnshing; then riuiiiiiig Xi>rthcrly X: Easterly in the I5onnds <if said Aliens and Ciisli-
ings Land until it Conu's to the Highway going Northerly, then taking that Iligli-
way going Northerly until it comes to tli(> Higliway going Easterly over tin- long
dam (so calleil) and going Easterly on that Highway till it comes to the Road near
the Dwelling Ilonsi' of Peter iMilierd, and then running Northerly in that highway
'ea<ling to the Southend of Long Hill, ami running Northerly upon Long Hill in the
Highway to the llmise of Josiah Ide; from thence running Northerly on a Strait
Line tu agreai Itcick being the Bounds lietwe<Mi Pelioboth an<l Attleborough; it being
the P.ouiuls or Cornel- of the West and East |)recinct in said Attleborough, the said
.Joseph Ide to belong to the East Precinct.

That all the Lauds lying Westerly of said Divisional Line being the old jmrtof the
Town shall be deiioiiiinaied tho llrst Precinct, and tho I^ands lying Easterly of said
J^ine the second Precinct,

That the Inliabjiants of each of tho said Precincts be and hereby are invested with
idl the PowiMs and Prix Uegcs, and subjecied to all tlu^ Duties that I'reciucta in Ihia
Proviuco by Law are iuvesied with and SubjtJcted to.

[Notes.] Provtnce Laws.— 1 TGI -r)2. 543

And That all the Ministerial Revenues arising from all and any Lands lying in
any jiart of said Town of Rchohoth liorotoforo, sc(]uest('ro(l totho uso of tlu; Ministry
in said Town, being Lots of Lantl laid out in all tin- scvt'ral Divisions of Ui)liind and
Meadows on the Pastors and Tcarlicrs Ili^lita (so called in tlie Draughts of saiil Di-
visions) sliall forever licreafti-r be ecjually divided betwixt tlic said two Precincts.

And it is further ordered Tiiattho Inhabitants of the said first or West Precinct of
Relioboth pay out of tlieir Treasury to tlie inliabitants of the said Second or East
jirecinct the Sum of Tlireo pounds annually for the Term of fifteen years from an<l
after their settling a Minister in said East Precinct. In Council Read and Con-
curred. Consented to by the Governor."— ('omjk// Hvonls, vol. XXII., p. 4(i(i.

"March 28, 17G0. A Petition of Daniel Carp(!nter and Others, Coinniittee of the
first and second Precinct in Relioboth — Setting forth That the Lands Originally de-
signed for tlie use of the ministry in said Town containing about 470 Acres, were laid
out in distinct Lots in the several Divisions of Lands in said Town and that few of
them be Commodious for tlu^ ministers Improvement, and but little Imjirovement
has been yet made or is lilvo to bo made by them for the future as tlio l^anils lye,
And Prayin" that they may lie impowered to sell such part of said Lands as they
shall Judge best, and vest the Produce thereof in otlier lieal Estate.

In the House of Representatives Voted That the Prayer of this Petition be grant-
ed. And that the within mentioned two Precincts by tlieir Committee wliieli tlu^y
shall hereafter ajipoint for that jiurpose lie, and they lureby are impowered to make
Sale of the witliin mentioned Lands as the said Precincts shall .Judge most for their
Ailvantage. and t<i execute a good Deed or Deeds according-to I^aw for the same,
They first Observing the directions of the Law for the Sale of Real Estates l)y Exec-
utors and Administrators The proceeds of said Sale to be laid out for the purchasing
other Real Estate, which shall be Appropriated for the same use as tlie Lands which
by this Order are allowed to lie sold were. In Council Read and Concurred Con-
sented to by the Governor." — IhicJ., vol. XXIII., p. -"IIJ.

" .June I'.i. ITiil. A Petition of Tliomas Carpimter and Others, a Conmiittee of the
second Precinct in Reliobotli— Setting fortli — That in answer to a Petition of the P'
and 2'' Precincts in flehobotli, tlie said Town were allowed and impowered liy tlie
Great and General Court to make Sale of the Lands in said Town originally de-
signed for the use of the ISIinistry, the proceeds thereof to be vested in other Real
Estate for the same use. That the said I^ands were sold accordingly, and the Sec-
ond Precincts share of the amount is Six hundred ]iounds, That said Precinct find it
diflicult to raise money by a Tax for the siipjiort of the Ministry, as there are a num-
ber of Anabaptists living therein; whereujion a subscription was set on foot, and four
hundred pounds more raised thereby to be add(^d to the Six hundred pounds above-
mentioned, which sum of One Thousand iiouuds they pray, they may be <;naliled to
let out at Interest for the support of the Gospel ]Ministry in said second Precinct.

Upon which Petition a Bill was allowed to be brought in." — Ibid., vol. XXII' , p. 54.

See, also, chapter 30, jwst, and note.

Chap. 7. " April 4, 1761. A Petition of Elijah Smith, and .Jonathan Baidwell of
Coldspriug a Committee appointed by the Inhabitants of said Place — Praying that
the Plantation in which there are now forty five Families may be erected into a
Town.

In the House of Representatives (S^ April) Read and Ordered That M'' Belcher
and Mr Foster with such as the honourable Board shall join be a Committee to con-
sider and report what may be proper for tliis Court to do upon this Petition. In
Council, Read and Concurred and John Hill Esq"" is joined in the Affair."— C'oMr)c»7
liccord.^, vol. XXIII., p. (392.

" April l(i, 17()1. A Petition of Elijah Smith &c of Coldspring, Praying as entered
the 4"' Instant that said Plantation may be erected into a Town, In Council Read
again together with the Report of the Committee; then appointed to consider the
same which Report was Accepted. — And Ordered That the Petitioners have leave
to bring in a Bill accordingly. Sent down for Concurrence."— /6i'?., p. 736.

See, also, note to chap. *J, 2}ost.

Chap. 8. " Nov. 26, 1761. A Petition of Abraham Hill in behalf of the Town of
Shutesbury Praying for a Tax of three half pence #^ Acre on the Lands of the
Nonresident Proprietors for the term of seven years to assist the said Town in their
Infant State in laying out I'ublick Roatls, and iinishing their Meeting House.

In the House of Representatives Read and Ordered That the Petitioners notify
the Nonresident Proprietors of the I'rayer of this Petition, by inserting the sul)-
stance thereof in one of the Boston News Papers three weeks snccessively together
with the onler of Court thereon that so they shew cause (if any they have) on the
second "Wednesday of the next sitting of this Court why the Prayer thereof should
not be granted. In Council Read and Concurred."— C'oiuiciV Records, vol. XXI \'.,
p. 149.

" Jan. 27, 1762. A Petition of Abraham Hill at the request of the Town of
Shutesbury Praying for a Tax on the Lands of the Nonresident Proprietors for
finishing the Meeting House and making of Public Roads, as entered 2(5 Novem-
ber last.

In Council Read again and it appearing that the Petitioners had gi\-en out Notifi-
cations pursuant to the order of Court, and no Answer b(;ing matle Ordered That there
be a Tax of one pcny ^^ Acre assessed and hnied for tin; purposes in said Petition
mentioned on the unimproved Lands within said Town of Shutesbury for the
tenu of Seven Years ; anil the Assessors and Constables or Collectors in said
Shutesbury be and they liereby are respectively authorized and impowensd to as-
sess and collect the same. In the House of Representatives Rea<l and Concurred.
Consented to by the Governor." — Ibid., p. 205.

544 Province Laws.— 1761-62. [Notes.]

" Feh. 8, 17fi3. A Petition of Abraham Hill, at the desire and by appointment of
the Town of Shutesbnry — Praying an Explanation of a Vote of the General Court
in .lamiary 17(52 granting a Tax of one penny ^ Acre on the unimproved Lands in
said Town. In the House of Kepresentatives, Whereas by a Vote of the Assembly
of the 27"' of January 1762 in Answer to the Petition of 'M"" Abraham Hill in be-
half of the Town of Shutesbury. It is ordered that there be a Tax of one penj-
<^ Acre assess(!d and levyed for the purposes in said Petition mentioned on tlie
nnimprovcd Lands within said Town of Shutesbury fer the term of seven years,
and that the Assessors and Constables in saitl Shutesbury be and they hereby are
resiH'ctivcIy Authorized and impowered to assess and collect the same. And
"Whereas it hath been moved to this Court that in order to avoid any possible dith-
culty or misconstruction of the said order that might arise for the want of any ex-
press provision that the said Tax should be annual for each of the said seven years
as was originally intended ; and thro a deficiency of Power by virtue of said order
to the Assessors and Constables or Collectors that may be annually chosen during
said term. Therefore Ordered That the said Tax of one penny ip" Acre on the un-
imjiroved Lands in said Shutesbury be so understood to be an annual Tax of said
sum on said Lands f(n- each and every of the said seven years, and that the As-
sessors of the said Town for each of the said years I'espectively are hereby imjiow-
ered and ordered to assess, and the Constables or Collectors for each of said years
respectively to collect the same annually during said term. In Council Read and
Concurred Consented to by the Governor." — Ibid., p. 558.

Chap. 9. " June 1. 1762. A Petition of Isaac Vandusen and others, Inhabitants of
Great Barrington, Setting forth. That altho they have in the Infancy of the place
and for 25 Years ]iast assisted in the Sujijiort of an English Minister in the said
Town, yet inasmuch as the Dutch is their Mutlier tongue, and they do not perfectly
understand the English Language, they hav(; likewise from time to time paid large
sums to a Lutheran ^Minister to preach and administer the Sacraments to them,
And as the Inhaliitants are now so encreased in numbers as that the English are
themselves able to support an English Minister — Praying that they and their Fami-
lies may be exempted from paying any longer towards the Support of such Englisli
JNIinister. In the House of Representatives Read and Ordered That the Petitioners
serve the Clerk of the Town of Great Barrington with a copy of this Petition that
so they shew cause (if any they have) on the second Friday of the next Sitting of
this Court why the Prayer thereof should not lie granted.

In Council Read and Nonconcurred and Ordered That this Petition be dismissed.

In the House of Representatives Read and Nonconcurred and the House insist
upon their own Vote.

In Council Read and Nonconcurred." — Council Records, i^ol. XXIV., p. 390.

Chap. 11. "April 8, 1701. A Petition of Benjamin Lincoln Esqf and M' Joshua
Hearsey in behalf of the Town of Hingham — Setting fortli — That the said Town of
Hingham hath been at great Expence in Ojioning a Water passage for the Fish
called Alewives from the Sea into Accord Pond, which is wholly within the bounds
of said Town, And Praying that said Town of Hingham may be enabled by Law to
determine! ui)on such Regulations with regard to said Fish, as may V)e most likely
to ensure the benelit tliey (sxpect from them.

In Council Rcail and Ordered that the P(!titioners have leave to bring in a Bill
for the jnirposes mentioned. In the House of Representatives ; Read and Con-
curred."— Coinicil I?ii'ords, vol. XXIII.. p. 705.

"Ajiril 1(), 17()1. A l^etition of Benjamin Lincoln Esq'" and M"" Joshua Hearsey
of Hingham Praying that some Provision may be made for tlie preservation of the
Fish caHcd Alewives in said Town, and for regulating the taking the same.

In t'ouncil Read and Ordered That the Petitioners have leave to bring in a Bill
for tlie purjioscs mentioned in the Petition. In the House of Representatives Read
and Concurred." — Ibid., p. 7;!9.

Chap. \X " June 27, 1761. A Petition of Ebenezer Roby and Others, Inhabitants
and Freeholders of and belonging to the. East Church and Congregation in the
Town of Sudbury— Setting forth. That th(>y are now destitute of a Gospel Minister,
And Praying— That they may he enabled to coiitrart with one, the charge and scut-
tling and |)aying said Minister to be paid by the wliole Town ; they being willing
that the West. Church and Congregation should have the like priviledgo when there
shall be occiusion.

In the House of Representatives ; Read and Ordered That tlie Petitioners serve
the Cleric of tlie Town of Sndl)ury witli a cony of this Petition that so tlio said
Town slicw cause (if any they have) on Tlnirsilay the second day of July why the
Prayer thereof should not he granteil. In Council Bead and Concurred." — Council
liecords, vol. XXIV., p. 73.

Chap. 16. "Nov. 28, 1761. In the House of Representatives ; Resolved that the
Province! Treasurer be directed not to borrow any money for the Service of the
Province till the next Sitting of tliis Court. In Council Read and Concurred." —
Council Records, vol. XXIV., p. 171.

Chap. 17. "Jan. 13, 1761. A Petition of the Inhabitants of the Town of Mcd-
flold Setting fcvrlh— That the said Town by Mistake! have been over Taxed in every
Year from 1752 to 1T5'.I, inehisive, tliat by meer mistake in the Committee that made
the Valuation for tiie said Year 1752, tlie iiroportiou of Dedham was taken for that
of Medtieid anil that of Medtield for Dedliam, that the Court of Sessions arc now

[XoTEs.] Province Laws. — lT»)l-G-2. 545

very Sensible of, and liave correcteil it in their Valuation for the Year 1700, but
doubts arc started touehin"; their Correctinjj the former Ve;irs— Praying the Court
of Ceiieral Sessions of tlie I'eace may l>e enahh'd in the m-xt. County Tax to Assess
such sums ou the said Town of Dedham to lie paid to t lie Town of Medfield, ius it
shall Ai)pear they have overpaid and Dedham paid short in the Years.

In the House of llepresentatives ; Read and Resolved that tin; Prayer of this Pe-
tition he granted, and that the Court of General Sessions of the I'eaee for the said
County of Suffolk be and hereby are impowered ami direeted in their next Coujity
rale to Assess the Town of Dedham so much as it sliall appear to them that the
sann' hath been undertaxed in the si'Veral Years within mentioned, and to Cause
the sums tliat it shall Appear to them that the said Town of Medtield hath paid in
the sanu^ Years above its jnst ]n'oportion to be refunded to them out of the Tax to
bi^ laid on the said Town of Dedham. In Council Read and Concurred Consented
to by the Governor." — ('oum-il Jicr-oniK. rol. XXII f., p. 5!);").

•• July 11, 17(11. In the Hotise of Representatives, Whereas the sum of Ninety
three jiouikIs six shillings and four pence is by I^aw to be assessed this Year niuui
the Town of Stoekbridge the Iidiabitants of which are ehicfly Indians, and in fixing
said sum upon said Town, the Indians there were not considered either for their
Polls or Estates as chargeable with any part of said Tax. —

Resolved That the whole of said sum be assessed upon the Inhabitants of said
Town exclusive of Indians. In council Read and Concurred Consented to by the
r.overnor. "—/?>/<?., rnl. XXIV., p. !t2.

"Nov 24, 17(jl. A Petition of John Murriy P^sc]"" of Rutland in behalf of said
Town— Setting forth That in January last* an order passcil the (Icncral Court for
remitting the sum of £.'!I.1.7 to the Distri<'t of. Prince Town (formerly a part of Rut-
laud) anil adding the said sura to the Town of Rutlands Tax the iiresent Year,
which was to the injury of the said Town, as in th(; Year 17(iO, they were Assessed
the full proportion set on said Town before Prince Tt)wn was taken off from thera,
altho they were thus set off in the Y(>ar 17.")!>. And Praying Relief.

In the House of Representatives Voted That the Prayer of this Petition be so far
granted as tliat the suuj of Thirty one pounils one slnlling and sevenjience laid
upon the Town of Rutland the present Year over and above their proportion of
their Taxes be remitted to said Town of Rutland, and that the same be added to
the Province Tax that shall be laid on the District of Prince Town for the Year •

17(i"_'. In Council Read and Concurred Consented to bv the Governor." — IbiiL,

p. i.r..

" Nov. 26, 17G1. In the House of Representatives; On a Motion made by the Rep
rese*ntatives of Needham and seconded— Ordered That the sum of Five shillings and
eight pence three farthings be paid by the Town of Needham to a thousand pounds
over and above what they were set at in the Settlement of Valuation, which makes
the sum of twenty one ]iounds, nine shillings and eight pence one farthing to the
]n-esent Tax over and above what they are assessed at, and that said sum be taken
from the present Tax laid upon the Parish of Natick., and aihlejl to the Town of
Needham, and that the Assessors of Needham be directed to assess said sum accord-
ingly with the present Tax laid on said Town. In Council Read and Concurred
Consented to bj- the (lovernor."— /6(V?., p. 148.

" Feb. 2, 17(J2'. A Petition of Nathaniel Smith and Others, Selectmen of the Town
of Sundei'land— Setting forth, That the Tax laid ujiou them in the last Valuation .so
far exceeds that of other Towns, exceeding in particular that of the Town of Deer-
firld, that they apprehend there must be. .some great mistake therein. And Praying
Relief. In the House of Representatives Read and in Answer; Ordered That the
Assess(jrs of said Town of Sunderland instead of assessing the sum of Two himdred
aiul seven pounds five sliillings and live ]ienee set upon the present Year (iuchuling
Ri'liresentativf'S Pay) that they assess only the sura of One hundred and thirty two
pouiuls, five shillings and five pence inclusive! of their Representatives Pay as afore-
said. In Council Read and Concnn-ed Consented to by the Governor."— Ibid.,
p. 222.

" Feb. IG, 1702. A Petition of the Selectmen of the Town of Brooklyn, Setting forth
That l)y a mistake in tlu; late Valuation the said Town of Brooklyn is overrated to
the Proviitce Tax, And Praying Relief.

In the House of Representatives Read, and in Answer Ordered That the As.sess-
ors of the said Town of Brooklyn instead of assessing th(! sum of Threi- hundred and
Sixty one pounils five shillings set upon them the present Year, that they assess
only'the sum of Two hundred "and fifty three pounds, fifteen shillings; the .\ssessors
of said Town having made a mistake in returning the sum total of their rents in the
Column of 'Rents received,' and their rents 'received' in the Colnnm for the sum
total of Rents, In Council Read and Concurred Con.sented to by the Governor." —
Jhi'l.,p. 25!>.

" Feb. 10, 1762; In the House of Representatives; Whereas it is found that by nu.s-
take the Towns of Brooklyn ami Sunderland in the last valuation ha<l more than
their jnst proportion set upon them. Therefore Ordered ThaJ the said Towns Prov-
ince Tax to a thousand pounds 'till the further order of this Court be as follows viz'
Brooklyn Three pounds, seven shilling and eight pence one farthing. Sunderlantl
One pound thirteen shillings and two pence. In Council Read and Concurred Con-
sented to by the Governor." — I lii<l.. p. 2(>1.

?.ee, also, as to abatement of taxes ou Gardner's, or Roxbury, Canada (Warwick),
and No. 4, (Becket), 170:>-64, chapter 10, post.

Clxip. 18. " June 2, 17(!1. A Petition of Joseph Foster, Agent for the Inhabitants
of Wart! River Parish— Praying they may be invested with the Priviledges of a
Town or District,

* Sec Dotv to 1759-60, chapter 0.

54:6 Province Laws.— 1761-62. [Notes.]

In the House of Representatives ; Ordered that the Petitioner notify the Nonresi-
dent Proprietors of the Lands in said Parisli witli a cojiy of tliis Petition together
with this Order, by inserting tlie substance tliereof in one of tlic Boston News Pa-
pers three weelis successively, that so they shew cause if any they liave, on tlie first
Thursdaj' of the next sitting of tliis Court wliy the Praj'er thereof should not be
granted. In Council Read and Concurred." — C'xitifil Rtim-dx, vol. XXl\'., />. IC).

"Nov. 17, 17G1. A Petition of .Joseph Foster Praying as entered "J'' .June last.

In Council Read again, and it api)caring that the Petitioners Inul pursued the or
ders of Court with regard to Notirtcation. Ordered that the Petitiomrs have liberty
to bring in a Bill for erecting the Parish of \\'are River into a District. In the
House of Representatives Read and Concurred." — Ibid., ji. 109.

Chap. 20. " June 4, 1701. A Petition of Samuel Adams Clerk of the Proprietors
of a certain Tract of undivided Land containing nineteen tlionsand Acres lying on
the Western' sid(; of Konnebunk River in the County of Yorlc calh-d Phillipstown—
Setting forth— That the said Pro|)rietors at their Meeting legally culled and held t!ie
l"' of June Instant did unanimously agree that in order to tlie elTectnal .Settlement
of said Land it was necessary to make division of the whole, that so t^ach may know
and possess their respective Rights iti severalty But that so it hath happened as ;\\t-
pears by their Votes, that in the Year 17o0. a division was made of two Tliunsaiid
Acres thereof into forty Lots of Fifty Acres eacli, and the Propriet(n-s sevcr.;Ily
drew their Lots, but no possession was ever taken of any of said Lots, nor is i:;i>
Plan of said division (if in being) anywhere to be found, so that the Projirietin-s iir.'
utterly at a loss to know where said divided part lies, and of consequence arc yw-
vented makeing division of the whole (as they are desirous of doing) or even any
part of it. And Praying that the division made in 1730, as aforesaid may be made
null and void.

In Council Read and Ordered That the Prayer of the Petition be granted, And tliat
the Petitioner have leave to bring in a Bill accordingly. In the House of Rei)re-
sentatives Read and Concurred."— C'i»»h'v7 R'-cords, vol. XXI V., p. '20.

" July 9, 17(il. A Bill intituled ' An Act to anul a division luM-etofore made by tlie
Proprietors of con)mon and undivided Lands in a place called Phillips T()wn in the
County of York,' having passed in Council to be engrossed. — In the House of Kepre-
sentatives Read, and Ordered Tliat the consideration of this Bill be rcft-rred till the
next Sitting of this Court, and that in the mean time Samuel Adams, Clerk to the
Proprietors of Phillips Town insert the substance of this Bill in one of the Boston
News Papers three weeks successively; also post the same up in some public place
in said Plantation of Phillips Town, that so any persons concerned may shew cause,
(if any they have) at the next Sitting of this Court why the said Bill should not pass
into a Law — In Council Read and Concurred." — Ibid., p. 8{i.

" Nov. 2(), 17(31. A Bill intituled ' An Act to annul! a (livision heretofore mad(! by
the I'roprietors of common and undivided Lands in a place I'alled I'hillipstown in
the County of York, having Immui twice read in Council the last Session: The Board
resuming the consideration of this Bill, and it appearing that Pnblic notice of tin*
substance thereof had been given in tlie Public news Papers agreeable to order o/
Court. Read again and jiassod to be engrossed. In the House of Represen(ative«
Bead three several times and Concurred." — Ibid., p. 143.

Chap. 21. "Nov. 17, 17G1. In Council Ordered That Peter Oliver and Harrison
Gray Esq'" with such as the honoralile House shall join be a Committee to bring
in a Bill in addition to the Act for suppressing of Bobberies and Assaults.

In the House of Representatives Read and Concurred and Caj)' (Joldthwait, M'
Otis and Mi" Paine are joined in the Affair." — Council livconls, rnl. A'.V/F., />. U>>.

"Nov. 23, 17(!1. .John Winslow Es(i'" from the House of Representatives came
up to the Board with a Messagi^ to desire that the Comnuttei^ appointed to bring in
a Bill for sn|)pressiiig Robberies and .\ss;nilts may sit furlhwith.

In Council Ordered That Thomas FlucUer EsiiMie of the Committee for bringing
in ,a Bill for suppressing Robberies and Assaults in the room of Peter t)liver Esq'
who is absent."— /6/(/., /*. TJS.

" Nov. 2."), 17(11. A I'elition of Edward Hartwell Esq"" and others Representa-
tives of sundry Towns in the County of Worcester, Setting forth That three tran-
cient ]iersons have becm lately commiittMl to his Majesty's (Joal in the County of
Worcester, where they nnist renniin till September next for trial, and much long<'r
in <'as(! of conviction, TlKM-efore I'rayiiig that the charge of the said I'l'rsous Sup-
. port may Imj borne by the Public, or that a special Court may be ap|ioint<<d to try

tlUMn SOOIUT.

In the House! of Representatives; Read and Ordered Thai this I'etition be com-
mitted to the (Jentlemen of both Houses appointed to bring in a Bill for tin* Sn|>-
pression of Robberies Assaults fee". In Council Head and Concurnd."— /7>/'/.,
p. 140.

Chap. 23. "Jan. l.'t, 17(32. Ilis Excellency Sir JefTery .\mherst has distnissed till
your Troops excepting two Parties amounting to less than three hundred .Men each,
nl Halifax and Crown Point, as the Rolls are now preparing fiU' tin- pavment of tin;
whole Regiments to the time of tlui making the detachments, Von will take I'are
tliat the Treasury be pronerly snpplied; For which purpose the Treasun-r shall lay
a state of it before Ymi. —Kj-lrarl J'roin speech"/ (he (Jocernor to both Jloimrs: Coun-
cil lirrnrdu, V<il. A'-Y/l'..;). 17(i.

".Tan. 14, 17<'2. In the Ifouso of Representativ<'S Orth>red That >[' Sjienker Col"
I'hillips, M' Hatch, M' Otis ami Cap' Livermore with such as the lioiiuiirable l5oaril
Bhall join be ;\ ('nmmiitei< to take the tlrst Paragrai)!) of his Exccllejicy's Speech
Under uousidcrutiou and make report.

[XoTES.] Provtxce Laws.— 1701-02. 547

In Council Read and Concurred : and the hon^c Thomas TTntchinson Esq'' John
Erving, William Brattle and James Bowdoin Esq" are joined in the affair." — Ibid.,
p. 178.

" Feb. 0, 176'_'. I have heforo nio a Bill for suitplying tlio Treasury with the sum
of Twenty five Tliousand pounds, in which tlic^re is a Provision ma<lo for iiayinj;
the Princiiial sum, but none of t\u\ interest, which amounts to live Thousand
pounds, I must therefore recommend to You to provide for the discharge of the in-
terest, as well as the Prineijial in tiie body of tlie Bill." — Extract from message of
the Governor to the House of lieprestntatiecs: ibiiL, t>. -i'-i-

Chap. 24. "Feb. 5, 1762. According to Agreement the two Houses proceeded to
the choice of Civil Otticers tlie present Year, when the Underwritten Persons were
chosen Collectors of Excise on Spirituous Litpiors &c. for the several Counties
liereafter mentioned by a Major Vote of the Council and Hon*! of K(;presentatives.

County of SulTolk M'' Thomas Fletcher

County of Miildlcsex M'' .lohn liemington

County of Essex Daniel E[m;s Es(i''

County of Hampshire M'' Solomon Stoddanl

County of Worcester Gardner (Chandler Esq""

County of Plymouth M'' John Cushing jun^

County of Barnstable Nath' Stone Esq""

County of Bristol M'' Seth Williams

County of Y'ork M' Daniel ('lark

Dukes County M'' James Allen jun''

County of Nantucket Obed Hussey Esq''

County of Cumberland M"" Theo])hilus Bradbury

County of Lincoln Charles Cusliing Esqr

County of Berkshire M^ Elisha Jones juni"

Consented to by the Governor." — Connrll Records, vol. XXIV., p. 2.')1.
" June 5, 1702. A Petition of Barnabas Lothro|i of Barnstable — Setting forth That
as Underkeeper of his Majesty's Goal in the County of Barnstalile, lie hath suj)- ,

plied the Prisoners and Persons who occasionally came to the Goal witli strong
Liquors in small quantities not apprehending that he was in the Breach of the Law,
as his Predecessors had usually done the same, and as he bought the said Liquors
in small Quantities of Persons who had paid the duties of Excise thereon. But that
the Collector of Excise in the said County hath informed him that he is .Subject to
the Penalty of the Law for his doings herein ; yet is willing considering the circum-
stances of his ease to remit his Share of the Fine. And Praying the like favour of
the Government.

In the House of Representatives ; Resolved That the Prayer of the Petition l)e
granted, and that the Province part of the Fine within mentioned be and hereby is
remitted. In Council Read and Concurred. Consented to by the Governor." —
Ibiil., p. 408.

" .Tan. 26, 176.3. William Brattle Esq"" from the Board went down to the House
of Representatives to propose that the Election of a person to collect the Excise in
the County of York may be postponed, as it is uncertain whether the person chosen
the last Y'ear is now living or not. Royall Tyler Esq' from the House came up with a
Message to inform the Board that they agreed to the foregoing proposal."— /6i(^,
p. 521.

" Jan. 26, 176.3. According to Agreement the two Houses proceeded to the choice
of Civil Officers for the jiresent Year, when the underwritten Persons were chosen
Collectors of Excise on Spirituous Liquors &e for the several Counties hereafter
mentioned l)y a major Vote of the Council and House of Representatives —

County of Suffolk M"^ Thomas Fletcher

3Iiddlesex M' John Remington

Essex Daniel Epes Esqr

Hampshire M'' Gad Lyman

Worcester 'M' Levi Willard

Plymouth M' Nath' Little

Barnstaple Nathaniel Stone Esq""

Bristol Thomas (Hllicrt Esqr

Dukes County James Allen jun"^ Esq""

Nantucket Mi" Thomas Arthur

Cumberland M'' Thcoiihilus Bradbury

Lincoln M'' Tlumias Moulton

Berkshire M"^ Elisha Jones jun'

Consented to by the Governor." — Ibkh, p. 522.

" May 27, 17<>;J. Joseph Sayer Esq'' from the House of Representatives came up to
The Board on a Message to propose clioosing a Collector of the Excise for the County
of York at (i o'clock in the Afternoon by joint ballot of the two Hous'^s. William
Bra'tle Esq"" from the Board went down to the House of Representatives on a Mes-
sage to acquaint them that the Board agreed to their |iroposal of choosing acollector
of Excise for the County of York by joint ballot; but that having appointed other
Business for the afternoon, they propose that the Election sliould come on to Mor-
row Morning at 11 o'cloek: to wliich proposal the House agreed, and signified the
same by a Message brought up by Col" Murray."— /6/i/., ral. XXV., p. 8.

" May 28, 176.'i. The two Houses According to agreement |)roceeded to the clioice

of a Collector of excise for the (,'ounty of Y'ork tlie current 'i'ear. The Votes being

counted and .sorted, it appeared that M'' David Sewall was chosen by a major Vote

of the Council and House of Representatives." — IbOL

Administration was granted on the estate of Daniel Clark, in May, 1763. In the

548 Province La^s.— 1761-G2. [Notes.]

representation of insolvency of his estate, made Sept. ITfi-S, it is charged that he had
collected sixty iionnds, excise, which liad not been paid into the province treasnry.
In July, 177u', an additional inventory of his estate was tiled containing an item
showing that some of his estate had lieen sold and charged in liis books " hetween
the time it is conjectured the Intestate was lost, and administration was taken."

"Juno '■'. ITi).!. A Petition of Tliomas Merryman — Setting forth. That he tho' ig-
norant and without any intention of fraud did on the lii'i' of February 17(ili. sell two
harrcls of limn containing (j'J.V Gall"* to Francis Wyman of George Town in the
Comity of Lyncoln, a jJerson licensed to sell the same whereby the Duty of Excise
has Ijeeu accounted for, altho' the Petitioner himself had no Permit to sell such
Liquors. And Praying that he may be exempted from the Penalty of the Law for
selling said rum as aforesaid. In the House of Representatives Read and Orden-d
That the i)rayer of the Petition be so far granted as that the fine within mentioned
he remitted, so far as it relates to the Province. In Council Read and Concurred
Consented to by the Governor." — Ibid., p. '24.

" Jan i;>, 17(,4. A Petition of Eliakim Sacket of Westfield praying that a Fine
imposed U|)on him for selling a Ilogslieail of Rum without Licent'e may be remitted
him for the rcascnis mentioned. In th(! House of representatives Ordered That the
Prayer of the Petition be granted, and that Solomon Stoddard, Collector of the Du-
ties for the County of Hampshire be allowed (if he see fit) to discontinue his Suit, on
tlie said Eliakims paying the Impost duty and costs aforesaid. In Council." — Ibid.,
p. r-'7.

" Jan 18, 17t>4. Pursuant to agreement the two Houses proceeded to the Choice of
Civil Oliicers for the present year when the under mentii^>ned persons were Chosen
Collectors (jf Excise on Spirituous Liquors &c for the several Counties a.s hereafter
mentioned by a Major Vote of the Council and House of Representatives.

County of SulTolk INl'' Thomas Fletcher

Essex Ml" Thomas Porter

IMiddlesex M"" John Remington

Hampshire M"' Lewis Bliss

Worcester M'' Levi Willard

Plymouth Caji' Nathaniel Little

Barnstable Nathaniel Stone Esq''

Bristol Ml- Thomas GilburtJun'

York M-- David Sewall

Dukes County M"" James Allen Jun''

Nantucket Obed Ilussey Esq"-

Cumberland M"- Theoohilus Bradbury

Lincoln M"" Thomas Moulton

Berkshire M' Elisha Jones Jun""

Consented to by the Governor." — Ibid., p. 133.
See 17(j;i-((4, chapter '_', and note.

"June IJ, 17(54. A Petition of Alexander Thompson of Colrain —Setting forth,
That he ignorantly sold two barrels of Rum without a Permit, for which he is pros-
ecuted in the Law, and the Affair is now pending: that the Excise on said Rum is
paid, and praying Relief.

In tho Ilotise of Representatives. Read aud Resolved That the Petitioner Alexan-
der Thompson serve M' Gatl liVnian, Collector of Excise for the County of llan)i>-
shire for tlie year 17G3 with a Coi>y of this Petition and Order thereon, that he may
sliew cause on the second Tuesday of the next Session of this Court why the Prayer
thereof should not be granted, and that the Action commenced by saiil CoUei-tor
against the Petitioner be continued in the mean time. In Council Read and Con-
cin-red Consented to by the Gov<>rnor."— /6/(/., p. '2oi.

" Nov. 1, 17(^1. A Petition of William Vans of Salem— Setting forth— Tlmt he is
very advantageously situated for supplying th(> Fisliery and other persons with
spirituous Li(]Uors; but that the iniha[)|>v situation of liis .V (fairs pre\-ente(l his ap-
plying in season to the Court of Generai Sessimis of the Peace; for a License at tho
proper Term: An<l Praying that they may be impowered at their next Session to
graiil him a License for that ))urpose.

In the II()US(! of Representatives: Read and Ordered That the Justices of tho
Gtmeral Sessions of the Pea<'e for the County of Essex In; allowed at their next
term to grant the Petitioner a Iii<-ens(! to retail spirituous Litjuors the remaining
l)art of the Year, lie lirst obtaining the apiirobation of th(> Selectmen of Salem for
that Service, the time for granting l^ieenses being.elapsed notwithstanding.

In (Jouncil Kead and Concurred Cousentcil to by the (i(ivernor." — [hiil., p. .'>!<>.
" Nov. •_', l7iiL -V I'eiiiion of Benjamin Osgood and .b>lm Felt both of Salem,
Shoremen, Setlini^ forth. 'I'liat they are concerned in several lishing Vessels, which
used to l)e sujtplicd willi Ituiii and other Liquors through yv Tiinoihy Orni', a
licensed Person, who now declines the business, and as the time by Law apjiointed
for granting Licenses in the County of Essex is elapsed. Praying ihat the ■Justices
of the Court of General S(>ssions of the Peace for the Comity of Essex may bo
imiiowerccl to grant each of them Licenses to ret;iil strong Liquors at their next Ses-
Hion, the time for granting such Licenses being elapsed Notwithstanding.

Ill the House of l;e|ireseiilat ives Uead and Ordered Thai the Justices of the Gen-
eral Sessions of the Pea<e in tli<> County of Essex be inqiowered (if they see catise)
at their next Session to grant the |ietiti(niers liberty to retail strong Liipiors, they
lirsi obtaining the .\pprobution of Uw Selectmen of Salem for that ])urpose, tlie re-
maining juirt of the Year, the time for granting Licenses being elapsed nntwith-
Htanding.

In Council Read and Concurred Consented to by the Govern<n-." — I hid., p. .">12.
" Jan. -0, 17(io. a Petition of James Stone— Setting forth— That M'" Sarah Cutler

[XoTEs.] Province Laws. — 1701-02. 549

who hatli long kopt a pii1)lio Houso of Entortainini'nt in "Wcstorn, and tlic only one
in tlie said Town upon \\n- jjrt'at lioad leading fi'oni Boston to Springlicld; ancl that
till! petitioner is alumt removing into tlii) saiil House: that tin; Court of CScncral
Sessions of tlie Teai'e for the County of Worcester stands adjourned to th(!secoud
Tuesday in May. And jiraying that two Justices of tlie I'cace Quoniin Unus, may
Ito iuipowered to grant him a Licens(! to keep a i)ulilic IIous(! in the nieai^tiuie.

In the House of Kepresentatives Head and llesolvod that the jn-ayer of this
petition he granted, and that an.\- two of his Majesty's Justices for the (Jounty
of Worcester Quorum U mis are lnrehy iniiiowered to grant tlnj Petitioner License
to keep a pnhlie ilouse according to tho teuor of his petition, ho lirst obtainiug
the approbation of the Selectmen of the Town of Western, and recognizing :us other
Licensed Persons. —

In Council Pead and Concurred. Consented to l)y tlie Governor.'' — I hid., p. '.iTA.

" Jan. L'5, 17()."). a I'etition of Hugh Floyil of Medford— setting forth— Tiiat he hath
for many years jiast kept a Ilouse of entertainment at Medford: hut being from
home at the time for granting I/ieensus, his License is not rciujwed, altliougli ho
hath been approbated by the .Selectmen according to Law: And praying that tho
Justices of the Court of Sessions for the Count j- of Mitldlesox may be iuipowered
at their next term to grant him u License for the imrposi; aforesaid.

In tho House of Pepresentatives. Read and Ordered That the Justices of the
General Sessions of the [leace for tho County of Middlesex be, and they hereby are
impowered to grant the Pelitioner a License to keep a Ilouse of pulilic entertain-
ment (if they see cause) at their next Session tlio remaining jiart of the year, the
time for granting Licenses, being elapsed notwithstanding.

In Council, Read and Concurred. Consented to l>v the Governor."— /Jx'd., j). o55.

" Feb. 15, 17(io. a Petition of Samuel Pickard of Brooklield— Setting forth That
he hath been an Innholdcr in s'' Town for several years past, in the House where
ho now lives; but that he hath built a much more commodious new Ilouse for the
business, into whicli he is about, to remove. And jiraying that the Justices of the
Court of General Sessions of the jieace in the County of Worcester may bo iuipow-
ered at their next Session to grant him a License to keep a Tavern in the said new
House, upon liis being approbated by tho Selectmen for that purpose.
• In the ilouse of Kepresentatives. Read and Resolved, that the prayer of this Pe-
tition be granted, and the Court of General Sessions for the Peace in the County of
Worcester in May next are hereliy impowered to grant the Petitioner License to
keep a public Ilouse according to the t(!Uor of his petition provided he shall obtain
the approbation of the Selectmen of Prookfield, and recognize as other Licensed
persons.

In Council Read and Concurred. Consented to by the Governor." — Ibid., p. 408.

" Feb. 15, 17G5. a Petition of David Thompson of Stougbton— Setting forth— That
the House wherein he dwells being accomodated for the Retailing of .Spirituous
Liquors, and the Selectmen of said Town having approbated him as a lit person for
said employment, he applied to the Court of Geui^ral Sessions of the peace for a
License for'that jmrpose; but the time by Law liinited for granting Licenses being
elapsed, the said Court could not grant him such License without the special aid of
this Court. And praying that the Court of General Sessions of the i>caro next to be
liolden at Boston in and for the County of SuffoUv may be impowered to grant him
such License. '

In the House of Representatives, Read and Ordered, That the Justices of the
General Sessions of the peace for the County of Suffolk bo allowed and impowered
at their next Sessions (if they see cause) to grant the petitioner a License to retail
Spirituous Liquors in the House he now inhabits the remaining part of the year; the
time for granting Licenses being elapsed notwithstanding.

In Council, Read and Concurred. Consented to l)y the Governor." — Ibid., p. 411.

Chap. 25. " F<;b. 5, 17C2. According to Agreement, the two Houses proceeded to
the choice of Civil Officers for the present Year when James Russell Es<i'' was
chosen Commissioner of Impost by a Major Vote of the Council and House of .Rci>-
resentatives. Consented to by the Goxernox ." —Council Records, vol. XXIV., p. 'liil.

Chap. 20. " Jan. 22, 1702. A Petition of Benjamin Lynde Esq"" and Others-Set-
ting forth the great danger the Town of Salem is in of i)eing destroyed by Fire by
Sailmakers and Riggers Lofts in the said Town, And Praying that the Act of this
Province made in tho 22'' Year of his late Majesty's Reign intituled ' An Act to nre-
vent damage by Fin; in the Towns of Boston and Charlestown may be extended to
the Town of Salem.

In Council Read and Ordered That the Prayer of the Petition be so far granted as
that the PetitioncMS have liberty to bring in a Bill for the purpose therein men-
tioned, and that the Bill extend to all. or any other Trading Towns in tho Province
that may flesire it. In the House of Rep""» Reatl and Concurred."— C'ouucii Rec-
ords, vol. XXIV.,1'. I'.rj.

Chapx. 28 and 2<.». These acts were the result of an attempt, on the part of Gov.
Bernard, to indiK-e the General Court to increase the penalties against counterfeiting.
The art of 174'.l-.'(0. cliap. 22,— which had been revived and continued by the acts
of 1755~5(i, chap. 10, and 17(W-<)I. chap. 5.— and the act, in addition thereto, of 1753-54,
chap. 20, which appears to ha\e been [lerpetual, imposetl tho only pt-nalties against
counterfeiting current inoui\v. not of the coinage of Great Britain, and by neither of
these was the offence made felony. The penalty for counterfeiting bills of credit
of the [iroviiice had been made felony, for a second offence, by the i>rovincial statute
of 1714, chap, (i; though, even in that act, the benoKt of clergy ha<l not been expressly

550 Province Laws.— 1701-62. [Notes.]

denied; and the same penalty had Ijeen extended to the counterfeiting of the bills of
public credit of the province of New Hampshire, and of the colonies of Connecticut
and of llhode Island and Providence Plantation, by the act of 1720--'!, chap. 10; but
there seems to have been no express enactment fixing a penalty for forging the notes
of the province treasurer, unless, by a strained interpretation of the act of l(iit"_'-o,
chaj). 18, § U, tlie words "bill obligatory" could l)e made to include such notes.
The proceedings that ensued, in both branches of the xVssembly, upon the Governor's
message at the beginning of the second session, and the difiEcrent bills that were,
thereupon, pri)poscd, before thesi' chapters were linally enacted, are here given not
only as an interesting exhibition of the repugnance of the provincial legislature to
extreme penalties, but as an illustration of the manner in which, not unfrequently,
the ostensible object of legislation covered a movement of widely diiTerent import;
as, in this instance, the proposition to increase the penalties against counterfeiting
dollars, resulted in the establishment of a bimetallic standard, by making gold, as
well as silver, a legal tender; and the proposition to provide new and more rigorous
penalties against forgerv resulted in an act to prevent forgery, liy making it more
difficult.

The following message had been promised in the Governor's speech on the same
day. In this speech the subject of the message is given as the reason for his con-
vening the Assembly, and described as " a particular business that requires an im-
mediate redress."

" Gentlemen of the Council and Gentlemen of the House of Representatives

About a Mouth ago a discovery was made of the forgery of divers Treasurers
notes; I iimucdiatcly <-allcil the Council together and took proper methods forexam-
• iiiin.; tlic affair to the huttoin. In the ('ourse of tlie enquiry a further discovery was

macie tliat the very persons, who were conccrn'd in the forging the Treasurers notes
were also engaged with a large confederacy in counterfeiting dollars It has also
appeared that the making of false dollars has been so common in this Country that
tho' much of it has been traced, yet there remains a great deal of it still undiscov-
ered.

To what length the mischievous effects of these dangerous practises have been ex-
tended is at jn-esent iinjiossible to say. However it behoves us to brobe* the evil to
the bottom, to api)ly lit remedies for the jiast and to provide effectual means to pre-
vent the further mischiefs of it. For this purjiose I shall lay before you the follow-
ing considerations which have readily occurred upon this occasion.

The Treasurers notes are issued with few and inconsiderable Chc(dvs, so that it has
been found easy to counterfeit them: and yet I am surprized to (ind that there is no
Law to punish such couuterfeiting e.\cept the connnon Law, which compared with
the mischief is little better than none. It occasions little less surpri/.e to find that
there is no Provincial Law to punish the counterfeiting bills of Exchange and notes
of hand. It should seem that, now the Public crcilii of the Province is engaged fur
many thousands, and the jnuvate credit of the Merchants is extended through the
mercantile world, both the one and the other deserve the same security which pul)-
lic and private credit have in (Jreat Britain, Tlicre the Legislature (irst 1>egan with
making the cinnitcrti('ting Public; Securities a capital Offence: and they .soon found
by parity of reason tliat private Si-cnrities were intitled to the same jirotection, and
accordingly they gnarded tliem with the same penalty. These Laws have been
found so expedirnt and beueticial that th(\v havi; been executed with an uncommon
]iunctuallity there ne\'er having been tliati know of asingle instance of a conviction
nniler these Acts biding Pardoned. Tliis seasonable and uniform severity has liad
tlie best (!ffects: it has made these Laws, what all severe Laws arc; intended to be, a
Terror to evil Doers, so that forgery ill Great Britain is so schloin atteuipted, tliat
I suppose there have not been so many instances of forgery there for many Years,
a.s have been committed here; in a few months.

Although thi^re are S(^ine Province Laws against counterfeiting dollars &c» yet
they are very inadeqiiatt; to the Offence, of which there cannot be greater jiroof than
that there have been sevi'ral mints exercised at one time within this Province, soino
of tlieiii by Persons that have already suffered all that the Law intiicts. And how
trilling is th(^ pnnislmient in comparison to the ( )ITence'.' What a good bariiain has
such a Man wiio sells an Ear for 10,n()(t dollars? Init how heavy dos this bargain fall
upon those that are nlliniately affected by the circulating tin; bad coin'.' The Laws
of England see this Offenc(i in a very different Light; according to them it is tho
greatest crime known, High Treason, Indeed the Offence tliere is conlined to tho
national ('oin, because that is tin; common currency and no other money is a legal
tender. Bat in this CouiitTy where iti is inipossible to have a gi'iieral cnrreiicy of
English iiioney, such foreign Coin as is cnrrciit by Law and is become a legal ten-
der is siilistitnteil in the room of the lOiiglish coin, and the wliole force of the reason
of the penal Laws that has been ap|ilie<l in l-higland to punish and pr(!\ent the i-onn-
terfeiting th(! Englisli coin is equally applicabl(! here to the common coin, whether
P^nglish or Foreign that is current within tli(! Provim-e.

In regard to the popular Prejudices against capital Punishments which Imvo hith-
erto prevailed in this Country I shall only say tli;it at present they are very ill timeil.
Whilst the People of this (,'ountry liveil from hand to Mouth and had very littlo
Wealth but what was conlineil among tlK'Hisclves, a simple system of Laws might bo
jiioper, iind capital pniiishmcnts might in a great measure be avoided. But when
li\ th(! .acquisition, diffusion and general intiTi-oursc of wealth the temptations to
fraud ar(? abundantly eiicreased the terrors of it must be also |iroportioiiably
enlarged: otherwise if through a false tenderness for wicked Men the Laws should
not be sufficient tfi jirotect the property of tlio honest and industrious, the rights of

• Sic: probe.

[XoTES.] PkovlncI': Laws.— 1TG1-G2. 551

the lattor are givon up to tlin former, and the iindun morry shewn to tho one becomes
a real injury to the otluT. To iiistanfe tliis 1 need only say that 1 liavo no doubt
hut that if these crimes had been capital some years a;;o and usually punished an
such, they would not liave been committed at all at tho present time.

I have therefore to projiose.

That all the Treasurers notes be called in witli all convenient speed such of them
as have passed or are near their time of payment to be paid off ; the others to be re-
emitted in another shape with proper checks to prevent their being counterfeited.
IJy these means you will know th;' extent of and put a stop to the present frauds
and prevent tho like practices for the future.

That the Acts of Parliament against Forgery of Public and private securities, or
Vouchers for monej- or such of them as shall be thought necessary be e.^tended to
this Province.

That tho Acts of Parliament again.st coining or counterfeiting of money or such
of them as shall be thought necessary be extended to this Province and tlie current
coin thereof, to be spei'iticil for that purpose. —

That a stau<ling Committee under an injunction of Secrecy he appointed to con-
sider of what furtlier should l)e clone on these occasions." — Gov. Berudrd's m/snatii ,
Nov. VI, 17(il : Coiniril Ricords. vol. XXIV., p. 100.

In the House of Representatives the foregoing message was immediately assigned
for consideration; and, in the afternoon of the same day, it was resolved that a
committee of the whole house consider the subject matter of the spe<'clj and mes-
sage, the next morning. yVfter two sessions of the committee of th<i whole, the
committee rose, Nov. i;!th, and reported certain resolutions; whereupon it wa.s
resolved that Mr. Speaker, Col. Phillips, Mr. Otis, Col. Clap, :Mr Tyler, Capt.
Livermore and Mr. Paine, lu; a committee to prepare bills in accordance with tho
resolutions, and the committee were then permitted to sit again. It was also
ordered that the committee appointed to prepare the bills, be directed to sit forth-
with.

On the 14th of November, an onh^r passed tho Council that Thomas Hutchinson,
John Osborne, John Cushing and James Eowdoin, with such as the House should
join, bo a committee! to consider the speech and message. In this vote the House
refused to concur. On tho Kith, tho Council had prepared, and passed through its
first reading, the bill hereunder given, at length, and marked, for convenient refer-
ence, [No. 1.]

On the 17th, this hill was read a second time in the Council, pa.ssed to be en-
grossed, and sent down for concurrence. In the House, it was read a first time, on
the same day, but, on the 18th, in answer to a message of inquiry, from the Coun-
cil, the House sent up a messenger to inform the Board that they " have determin'd
not to give the said bill another reading."

[No. 1.] "An Act to prevent tlie forging or counterfeiting such Obligations or
Notes as are or shall bo signed by the Treasurer of the province or any other person
or persons authorized in the name & by order of the Government, and to prevent
counterfeiting or falsifying coined silver or gold or uttering the same knowing it to
be false or counterfeit.

Be it enacted by the Governor Council & House of Representatives, that if any
person or persons shall forge counterfeit or alter, or aid assist or abett in forging
counterfeiting or altering any Obligation or jiromisary note signed or which shall
hereafter be signed by the Treasurer of this Province or any of his successors, or by
any other person or persons authorized, in the name & by order of the Govern-
ment or if any person or persons shall offer to dispose of or pay away any such
forged obligation or promisary note, knowing the same to be forged, or shall, with
intent to defraud, demand the mony therein contained or pretended to bo due
thereon, or any part thereof from the Treasurer or any person or persons employed
in paying the monies of this Government, every person so offending shall be guilty
of felony & being convicted thereof shall be adjudged to suffer death without
benefit of Clergy

And be it further enacted that if any person or persons shall forge or counterfeit
any coin resembling or of the similitude of anv of the gold or silver coins of Great
Britain, or any of the gold or silver coins of Franco Spain or Portugal, or shall,
with a fraudulent intent, import into this Province any such forged or counterfeit
coins knowing the same to be false or counterhMt, or shall, for lucre or gain, impair
diminish or falsifie any of the gold & silver Coins afon>said, every such Offendc-r,
their counsellours, procurers aiders & abetters shall be guilty of felony & being
thereof convicted shall be adjudged to suffer death witlif>ut benefit of Clergy.

And be it further enacted, that if any piirson or persons shall utter any false
forged counterfeited impaired diminished or faWified goM or silver coin, knowing
the same to be so every such person shall upon conviction be fined at the disi-retion
of the Jnstii'cs of the Suiierior Court of Jmlicatnre tlourt of A'^si/.e & general
Gaol delivery (before whicji Court every trial of any off(!ni-e against this ait shall
be) & shall also be S(;t in tin; pillory for the space of one hour & then have one
ear cut off & from thence be drawn to tho gallows & set thereon with a rope
about his or her neck for the space of an hour & be publickly whipped not ex-
ceeding twenty stripes & he committed to the House of Correction & ke|)t to
hard labour for the space of six years, or shall suffer such part of the pains & pen-
alties aforesaid as the said .Tustices according to the circumatani'es of the Offence
shall in their discretion judge projier.

Saving always that nothing in this act before mentioned shall be construed or
understood to prevent or restrain Goldsmiths or other persons from melting or
working into plate any of the coins aforesaid, the coins of Great Britain only
excepted.

552 Province Laws. — 17G1-62. [Xotes.]

And be it furtlier enacted that if any person or persons shall knowingly make
or mend, or begin to make or mend, buy or sell or have in his her or their liouse or
possession any mould or press contrived for coining metals or any Instrumeut
or Engine not of common use in any trade & contrived for coining stamping
or marking metals for coin or mony every such Offender their Counsellours pro-
curers aiders & abetters shall be liable to" all sncli pains & penalties as by this
Act any i)erson or personsis or are made liable to, who shall knowingly utter false
or counterfeit coin, provided always that no iirosecutiou shall be made for such
ciTence unless such prosecution In; comnienccd wirliin twelve months after such
offence committed.'' — Mans. Aivhices, vol. 104, p. 101.

In the mean time the House committee had reported three bills, given hereunder,
in full, and numbered '_', ;i and 4, respectively. These bills took their first reading,
Nov. 17th, and their second and third readings, Nov. 18th, when they were passed
to be eii,i.;rossed, and sent up for concurrence.

[No. 2.] "An Act against counterfeiting Bills of Exchange and Promissory
Notes.

Be it enacted by the Oovernour, Council and House of Representatives, That if
any Person from and after the 25"> day of November Current shall falsely make,
forge, or counterfeit, or procure to be made, forged or counterfeited, or willingly
act or assist in the false making, forging or counterfeiting, any Bill of Exchange or
Promissory Note, for the Payment of JNIoney. or Delivery of Goods, or any Acquit-
tance or Receipt either for Money or Goods, or any Indorsement or Acceptance of
any Bill of Exchange, or any Indorsement of any Promissory Note, for the Payment
of Money or Delivery of Goods, or the Nuniberor princijial Stun of any Bill of Ex-
change, Promissory Note, or accountal)le R(!ceipt for any Note, Bill or other Secur-
ity for Payment of Money, or any Warrant or Order for Payment of Money or
Delivery of Goods, with Intention to defraud any I'erson whatsoever, or shall litter
or publish as true, any such false, forged or counterfeiftsd Bill of Exchange, or
Promissory Note for the Payment of Money or Delivery of Goods, or any Acquit-
tance or Receipt, either for Money or Goods, or any Indorsement or Acceptance of
any Bill of Exchange, or any Indorsement of any Promissory Note for the Pay-
ment of Money or Deliverj^ of Goods, or the Number or principal Sum of any Bill
of Pvxchange, Promissory Note or accountable Receipt for any Bill, Note or other
Security for Payment of Money, or any Warrant or Order for the Payment of
Money or Delivery of Goods, with Intention to defraud any Person, knowing the
same to be forged, and counterfeited ; Then every such Person being thereof law-
fully convicted according to the due Course of Law, shall be Sett upon the Pillory
in some market Town or other open Place and there to have one of his Ears cutt
off and shall also have and Suffer Imprisonment by the sjiace of one whole year
without Bail or Mainprize.

And the Party or Parties aggrieved by Reason of any of the Offences aforesaid,
may take his or their Action against any such Offender or Offenders, in any Court
of Record, and shall recover double Damages and Costs to he found and assessetl
in such Court." — Ibid., ]). 104.

[No. 3 ] " An Act for making several Species of foreign Gold Coin a lawful Ten-
der, and for the more effectually preventing the forging and counterfeiting money.

Whereas divers Species of foreign Gold Coin are Current in this Province, and
are received into and paid out of the pulilick Treasury, but are not a lawful Tender,
in puhlick or private Payments; by which it is api>r"elicnded many Inconveniences
have arisen to the Prejudice of Trade and Commerce, ami consecjuentlj- very detri-
mental to the Pulilick,

Be it therefore^ (enacted by the Governour, Council and House of Representatives,
That the several Species of foreign Gold Coin hereafter enumerated, at the Bates
by this A<-t established, shall be a lawful Tender in all Payments, puhlick and pri-
vate; (express Contracts excepted) That is to say, a .lohannes, or other of th(^ mill'd
gold Coin of the Kingdom of Portugal of the Weight of eighteen penny Weight,
six Grains, to be accounted and paid at Four Pounds sixteen Shillings.

A Moidore that weighs six penny \\'eight, twentv one Grains, at thirfv six Shil-
lings.

Tli(i half, Qinirters, and lesser Pieces of the several and respective foreign Ciold
Coins aforesaid, to be ai'connted, received, taken and paid in tlie same Propin-tion.

And he it furtlier enacted, That if any Person or Persons after the Twenty fifth Day
of November CiuTent. shall falsely make, forg(' or countcifeit.or ])rocure to lie falsely
made, forged or conntcu-feitcd, or willingly a<t or assist in tin- false making, forging
or counterfititing any .Money or Coin, tin? Currency of which is estalilishc'd, hy this
or any former Law of this Proxince, or shall falsely make. f<nge or counterfeit, or
jn-icun? to lie falsely made, forged or counterreited, or willingly act or assist in the
false making, forcing or coiini(!rf(!il iug any .Money that is or may !)(> current in tlii.s
Pro\ince, or shall utter any such false, forged or counleifeit Money, or Coin, kiu>w-
ing tlm same to he falso forged or count(Mf(Mfed, and he thereof convicted at the
8u|i(!riour Court of Jmlicature, Court of Assize and General Goal Delivery, shall be
set in the Pillory for the Space of one Hour, and then have one of his or her Eais
eiiit off, and from theno? shall lie ilrawn to tin) Gallows and set thereon, with n
Rope round his or her Neck for the Space of (uie Hour, and then shall he inihlickly
whipped, not exceeding thirty live .Stri|ies, and .afterwards coinnntted to tlie Mouse
of Correction, and there eonlined and kept to hard Laliour, for ;» Term not les,s
than ten years, nor exceeding twenty vears; and during sueh I'erm shall once
every year, at the Time of holding the (,>uarter Sessions for the Peace, be set in
the I'illory for the Space of cim- Hour.

Proviih'd, That the .liisiieesof the Snperiour Court sliall at their Discretion abate
any Part of the I'aiiis and reiialiies aforesaid, as far as re.specta the uttering any
forged, or counterfeit Money." — Ibid., p. 118.

[Notes.] Province Laws. — 1761-62. 553

[No. 4.] " Au Act for the better securing the Possessors of the Province Treas-
urer's Notes, (A.) and for preren(hir) the Coitntpr/eitinr/ the same. (A.)

Whereas the Treasurer of this Provinco hath been einpownred and directed hy
several Aits, to borrow hirge Sums of Money for the Use of the Province, and to
give his Receipts or Obligati<ms for the Payment of the same; many of wliich Re-
iei|)ts and Olilii^ations are now outstandiu.!:^ and unpaid; and divers Frauds and
Deceits have been put upon several Persons by f>ir;4in^and eouMterfeitinfj said Re-
ceipts and Oblijrations tendering in Payment, uttering and exchanging such forged
and counterfeit. Receij^ts and Obligations to the Prejudice of tlio pnlilick Credit.

Be it therefore enacted by the Irovernour, Council and House of Representatives,
That (G.) all Receipts, notes or Obligations, hereafter to be given bj' the Treasurer (O.)
of this Province, by Virtue of this or any other Act (B.) for Money borrowed, or (b.)
to be borrowed, for the Use of the Province, shall be (G.) in the Form following, (ti.)
Viz'

Province of the Massachusetts-Bay.

Day of A: D. Borrowed and Received of the

Sura of for the Use and Service of the Province of the Massachusetts-

Bay; And in behalf of said Province, I do hereby promise and oblige mvself and
Successors in the Ofhce of Treasurer to repay the said or toliis Order

the Day of A. D. the aforesaid Sum of in Coined Sil-

ver of Sterling Alloy, at six Shillings and eight Pence per Ounce, or Spanish MillM
Dollars at six Shillings each, (C.) vr in Coined Gold at thr Hates ux are cstabliiihed hij (C.)
Law with Interest Annually at the Rate of Six per Cent, jier Annum.

A: B. ) Witness my Hand

Committee H. G. Treasurer.

A: B. )
C. D. >(
E: F. )

Which Form, (except as is hereafter provided,) shall be printed upon the most suit-
aide Paper, that can from Tiine to Time be provided by the Treasurer, and a suitable
Border round the same (D.) icith the Words, Province of the Massachusetts-Bay, (D.)
the Word Committee, and tlie Words, Witness my Hand, shall be struck off from
a Copper Plate, which the Treasurer likewise is empowered toprocui-e; and each
Blank before it is tilled up, shall be stamped in some convenient Part of it with a
Stamp of a new Form, to be procured by the Treasurer for that Purpose.

And be it further enacted. That a Committee of Three, .shall (H.) from Time to (H.)
Time, be appointed by the General Court, who shall sign all the Blanks at the left
Hand, as in the Form aforesaid is prescribed, before the Treasurer fill them up:
And the said Treasurer and said Committee are also empowered and directed to
dispose of the Custody of said Cojiper Plate and Stamp in such Manner, as in their
Discretion shall appear most likely to prevent any Frauds or Counterfeits; and the
said Committee, and all Persons to be emjiloyed in the Printing, Engraving or
Stamping of said Blanks, shall be under Oath to the faithful Discharge of their
respective Trusts.

And be it further enacted. That the Treasurer be, and he is hereby empowered
and directed upon the Request of the Possessor or Possessors of any of his Receipts
or Obligations for Money borrowed for the Use of the Province, which are now out-
standing, and not payable at the Time of such Requests, to take such Receipts and
Obligatir)ns up, and to give the Possessor or Possessors in Lien thereof new Re-
ceipts or Obligations, (I.) for such Sum or Sums as are contained in the K'eceipts or (I.)
Obligations so taken up, or shall give one new Receipt for any such Number of old
ones, (K.)pa>iuble at the name Period as the Possessor shall request to have in one new (E.)
Receipt or Obligation; taking Care to pay the Interest that may be ilue upon such
old Receipts or Obligations; which new Receipts or Obligations shall be made pay-
able at the same Periods with those taken up. And all the Fimds established or
appropriated by any Act or Acts of this Province, for the Itedemption and Payment
of any such old Receipts or Obligations, are hereby confirmed, and shall remain
established and appropriated to the Redemption and Payment of the new Receipts
and Obligations to be given in tin; Form prescribed by this Act: and such new
Receipts and Obligations shall, to all Intents and Purposes, avail the Possessor, as
if he were possessed of the Receipts or Obligations so to be given up.

And b(; it further enacted. That no Possessor or Possessors of any of the Trea.s-
tirer's Notes, Receipts or Obligations now payable, or that may become payable
before the last Day of .June next, shall receive any Interest upon such Receipt or
Oiiligation for any longer Term than until the last Day of July next.

(F.) And be it further enacted. That if any Person or Persons, from and after the (F.)
twenty fifth Day of November Current, shall forge or counterfeit any Receipt. Note
or Obligation made or given out by the Treasurer of this Province, for the Payment
of any Sum of Money in the Form established b\' this or any other Act, empower-
ing the Province Treasurer to borrow Money on the behalf, and for the I'se of the'
Province, or any Endorsement of any such Receipt, Note or Obligation, or procure
to li<; made, forged or lounterfeited, or willingly act or a.ssist in the false making,
forging or counterfeiting, any such Recei|)t, Note, Obligation or Endorsement, or
shall tender in Payment, utter, vend, exchange or barter any such f(<rged or coun-
terfeited Receipt, Note or O'digation, or demand to have the same exchanged for
ready Money, knoAving such Receipt. Note or Obligation so endorsed, or tleinanded
to be exchanged, vended or bartc:ed. to be forged or counterfeited, or shall tender
in Payment, utter, vend, exihange or barter, or demand to have ox'han'.'cd for
readyMoney, any true Receipt, Note or Obligation of the Province Treasurer with
a forged orcounterfeited Endorsement thereon, knowing such Endorsement to be
forged or counterfeite<l ; then every such Person so offending, being thereof lawfidly
convicted at the Superiour Court of Judicature, Court of Assize and General Goal
Delivery, shall be set in the Pillory for the Space of one Hour, and then Lave

554 Pbovixce Laws. — 1761-62. [Notes.]

one of liis or her Ears cut off, and from thence shall be drawn to the Gallows, and
.set tliereon with a Rope rniin(l his or her Neck for the Space of one Hour, and shall
then 1)6 publickly whippud not exceeding thirty five Stripes; and afterwards com-
mitted to the House of Correction, and there confined and kept to hard Labour, for
a Term not less than ten Years, nor (jxceedin^ twenty Years; and during such
Term, shall once every Year at the Time of holding the Quarter Sessions lor the
Peace, be set in the Pillory for the Space of one Hour.

Provided, That the Justices of the Superionr Court shall at their Discretion,
abate any Part of the Pains and Penaltie-! aforesaid, so far as respects the uttering
any forged or counterfeit Iteceiiit or Obligation.

And be it further enaited. That upon a second Conviction of any of the Offences
aforesaid, the Offender or Offenders shall be deemed s^iltv of Felonv, and suffer
Death without Benefit of Clergy.

And be it further enacted. That whoever .shall inform of any of the foregoing
Offenres so as y<^ Offender or Offenders shall be convicted of the same, such In-
former or Informers shall receive out of the Treasury of this Province the Sura of
twenty (ive Pounds.

And this Act shall be read in every Town and District at their next March Meet-
ing; and any Town or District Clerk neglecting to read the same, shall forfeit twentj'
Shillings, to the use of the Poor of the Town or District where such neglect
happens.''— /&/(/., p. 110.

" Nov. 18, 17U1. The Secretary went down to the House of Representatives to in-
form them that the Board had Nonconcurred three several Bills sent up from tlie
House— to prevent counterfeiting Bills and Promissory Notes— for making Gold
a tender,— and for preventing the counterfeiting mt)ney— And for securing tlie
Possessors of the Province Treasurers Notes; and that the Board had thereupon
passed the following Vote viz'

In Council Ordered That the honorable Thomas Hutchinson Esq"" John Cashing,
"William Brattle, Jauies Bowdoin and John Choate Esqi"* with such as the honor-
able House shall join be a Committee to take under consideration his Excellency's
Speech and Message to the two Houses at the opening of the present Session.

In the House of Representatives (1!!"') Read and Concurred and Judge Russell,
Mf Otis, M'' Paine, M^ Hatch, General Winslow and M"" Tj-ler are joined in the
Affair."— t'ouHc// Records, vol. XXIV., p. 111.

The House also sent a message to the Council requesting them to direct the joint
committee to sit forthwith.

The bill against counterfeiting bills of exchange, &c., [No. 2.] was sent down to
the House, l)y their request, Nov. 23rd, and, tliereiqion, it was sent up to the Board,
by a committee of five members, with a message requesting that the Council would
reconsider their vote of nonconcurrence, and vote to concur with the Honsc, therein.
This seems to liave been the final action on tiiis bill.

The bill for making foreign gold a lawful tender, &c., [No. 3.] was also sent down
to the House, by their request, Nov. 'l'M\\. On the same day it was read three times,
passed to be engrossed, and sent up for concurrence. In the Council the bill was
read Nov. '2'!rd, and, again, the ne.xt day; when, on the question being put, it was
refused an engrossment.

The Council now prepared a bill [No. 5.] intended to embrace the important pro-
visions of bill No. 1, with such modifications as, it was supposed, would be a<'cep-
table to the House. This bill had its two readings, and was passed to be engrt)ssed
and sent down for concurrence, on the 2()ih of November. In the House it was read
a first time tlui same day, and a second time the following day, and, Nov. 23rd, it
was read a third time, and refused an engrossment. The bill is as follows: —

[No. r>.] " .Yn Act to prevent counterfeiting or falsifying coined Silver or Gold;
or utiering the same knowing it to bo false or counterfcii: And to ]>revent the
count(uleitiiig such obligations or m)ies as are or shall be signed by the Treasurer
of the Province or any other person or persons authorized in the name and by or-
der of tli(^ (Jovernment.

I5e itcMacted by the Governor Council & House of Representatives that if any
pcirsciu or ptu'sons shall forge or counterfeit any coin resembling, or of the simili-
tU(l<! of any of the gold or Silver coins of (ireut Britain; or any of the gold or Sil-
ver coins of France, Sjiain or Portugal; or shall with a frau<lulent intent import
into tliis Province any such forged or counterfeit coins, knowing the same to lio
false or ciiunterfeit; or shall, for lucn^ or gain or with a fraudnlcni intent impair
diminish or falsify any of the gold or Silver coins aforesaid ; or shall utter any false
forged counterfeitful or falsiiied gold or SiUcr coin, knowing the same to be so: or
shall knowingly make or mend, or l)egin to m.ake or mend, buy or sell ; or have in
his, her or their house or jiossessioii any mould or Press contrived for eoining
■ nii'tals; or an>- Instrnment or Engine not of common use in any trade, and con-
trived for (dining, siamjiing or marking metals for coin or money; <'very sui'h of-
fender, llieir rounsellonrs, I'roeurers, Aiders or abelters, being convicted of either
of tli(* ('rimes aforesaid, at the .Superior Court of .ludicature. Court of Assi/.i; and
CJeueral Coal delivery, shall be set in the I'illory for tlui space of one hour, and
then hav(! one of his or her cars cut off; and from thence shall be drawn to tho
( Jallows, and set f her<!on with a rope round his or her neck for the spai'c of an hour,
and shall I hen be puMickly wliipi>ed; and afterwards be com mitt eel to the house of
Correction, and there coulined and kept to hard labour for a term not less tlian ten
years, nor exceeding I wenly ; and during such term shall, (Mice in ever>' year at the
time of holding iIk; ((uarter Sessions for the peace when tavern & oilier Licences
fiW to be granted, be set in \\w Pillory for the spac(> of one hour.

Provided that t he .lustices of said Court shall at I heir <liscrelion abate any part
of the pains and j)eiialtics aforesaid So far as icspects the uttering of such counter-
feit coins, according to the circumstances of the offence:

[Notes.] Pbovince Laws.— lTGl-62. 555

And 1)6 it further enacted that if any iierson shall forge counterfeit or alter; or
aid assist or nbt>tt in fory:ing counterfeiting or altering any obligation or proniisory
note signed, or wliicli shall heieafter bo signeil l)y the Treasurer of tiiis Province,
or any of his Successors, or by any other person or persons authorized in th(! name
and by order of tiic Oovcrnniont; or if any jicrson or persons shall offer to dispose
of or pay away any such forged obligation or jmnnisory Note knowing tlio same to
be forged: or shuli with intent todcfnuul, demand the money therein mentioned,
or inotendcd to be diu^ tliereon, or any part tlicrcof from th(^ Treasurer, or anj' per-
son or persons employed in paying t lie monies of this Government, every person so
offending being convicted of either of tiie offences aforesaid at tiio Superior Court
aforesaid shall suffer all tiie jtains and penalties, which by this Act are order'd to
be inflicted on persons convicted of counterfeiting the coins before-mentioned.

And be it further enacted that upon a Second Conviction of any of the Offences
in tliis Act before-mentionetl (tlio offence of uttering counterfcit-<'oin only ex-
ccpteil) the offender or offenders shall be deemed guilty of felony And Suffer death
witliout benefit of Clergy.

And be it further enacted That whoever shall inform of any of the foregoing of-
fences so as the offender or offenders shall be convicted of the same, such Informer
or Informers shall receive out of the Treasury of this Province the sura of twenty
five pounds." — Mas.t. Aniiircx. fol. 104. j>. 1(17.

The bill for better securing the possessors of the province treasurer's notes, &c.,
[No. 4.] in which the Council hail refused to concur, Nov. ISth, was sent down to
the House, Nov. 'JOth, at their request, and, prol)ably, had its first reading tlien,
although tliis does not expressly appear in tlie House journal. On the next day,
it was read a second and third time, jnissed to be engrossed, and sent up for con-
currence. In the Council, it was read the first time on the liord, and a second time,
on the 'J4th, when the Council voteil to concur in the vote for engrossment, with
the following amendments : —

The words which appear in italics, in the bill as printed above, were to be stricken
out, and the following words inserted; viz., at (A.), " by enahUnr/ t/ic provuice trran-
nrcr to r/ive Jiew ircdi'ln or ohliijations in lieu of such notes as are now extant " ; at (D.),
" and also" ; at (B.). " "oic in foice " ; and all of that part of the bill following (F.),
relative to the counterfeiting of notes, was to be stricken out.

At this stage, the Governor sent the following message, dated Nov. 24th, ITiil : —

" Gentleman of the Council and Gentlemen of the Ilouse of Representatives

As the several matters recommended to You at the opening of this Session have
met with extraordinary delays; and it is time to determine whether this Session
shall be continued through the Winter, or the General Court shall be prorogued to
tlie beginning of the new Year, I am willing that my recommendations should bo
confin'd to the Single business of calling in and reemitting the Treasurers Notes,
and that the other business may stand over. But I think it indispensible that the
Owners of the Notes should be obliged to bring them in Ijy a certain day under the
penalty of the interest ceasing at that day: without this' it can neither be ascer-
tained what Notes have been counterfeited, nor will a stop lie put to the Practice
for tlie future: for this purpose it will be most expedient to reemit them in the
same money they are payable now.

As for the penalty of counterfeiting them although I think all punishments, ex-
cept capital, will be inadequate, I shall consent to such others as you shall think
fit, provided you add a clause, that all the interest upon these reemitied Treasurers
Notes shall cease upon the expiration of the several terms for which they are
granted, that there may be a certain deterniination of tlie |.rolialili^ nnschicf of
cotinterfeitiiig notes within a few Years. Fua 1;ei:nai{I>." — lb., ml. lid, p. lo.").

To the amendments proposed as above, the House refused to agree, except to
those at (D.) arfd (E.); and voted to insist upon the bill as thus amended, an<l so
sent it up for concurrence. This was Nov. 25th, and the Council, the next <lay,
voted to concur with the vote of the House respecting tlie amendments at (A.) au(l
(F.), but voted to insist on their amendment at (C); and, thereupon, sent the bill
down for concurrence. The House again non-concurred, and voted to adhere to
tlie bill as last sent up, and again sent it up for concurrence.

This last action of the House, in which the Council refused to concur, led to a
proposal, from the latter, for a conference, to which the House agreeil; and a con-
ference was, accordingly, held on the afternoon of tlie 27th, — the Speaker of the
House proceeding to the Council Chamber for that purpose.

The next day the bill was sent down from the Coiuuil, with a message that it
had been read again, and reconsidered, and that the Board adhere to their own vote
as la-st sent down, with the further amendineiitswhich follow; viz., to strike out all
the words from (G.) to (G.), and insert "a sufficient number of receipts, notes or
obligations, for the pir pose hereafter mentioned in this act, be juepared by the
jirovince treasurer" ; to strike out the italicized wonls at (II.); and, at (I.), to insert
th<^ words "of the form before prescribed in this act."

The House refused to concur, and voted to adhere to their own vote as last sent
up, and returned the bill, unchanged, for concurrence; which the Council, on tlio
same day, refu8e<l. This ended all legislative proceedings on these bills, for the ses-
simi. The House, however, took the precaution to pa.ss an order, "That all mat-
ters which had day at this session, and are not passed upon, have the same day at
the next session of thi-i court " : in which order the Council voted to concur.

On the same day, the Governm- prorogued the court, in the following sjieech: —

'• (Jentleraen of the Council and Gentlemen of the Ilouse of Kepresentaiives

After more than a fortnight spent in fruitless IJebates, I liud myself Obliged to
Prorogue this General t'oiirt, without any Thing effectual being done, in the im-
portant Business for which I called yon together, I have all the while been a dis-

556 Province Laws.— 1761-62. [Notes.]

Interested but not an unconcerned Spectator, of the Disagreement that has arisen
among You: And as I have in no \\:\y int(>rfered in it, bur in pointing out what I
thought the present Exigeni y r(!(]uire(l of You : It is my llight as well as my Duty,
to interpose my Advice. I therefore do earnestly exhort you all and sin-^le, that as
the Prorogation of tliis General Court will put a legal End to all the Business now
depending in it; it may have the same ICffect upon your Minds and -Memories; that
when you meet again, you may be wholly free from all prejudice and Uias whatso-
ever, arising from any of the Transactions which have defeated the Intention of this
Session. Fra. BEnyAiiD."— Ibid., p. 11^.

In his speech at the opening of the third session, the Governor declined to call
the attention of the representatives to any new sul)jects of legislation until " busi-
ness of great importance, now lyir.g unredressed and unanswered," should have
received their attention, and requested " that, as the last prorogation i)ut a legal end
to all the business then depending in the general court," the subjects t lien left unset-
tled, might be considered, if not without reference to former differences, at least,
with the determination to avoid such disjiutable jioiiits, as might end in liopeless
division. On the next day, tlie bills, passed in the House the last session, wliich
were not concurred in by the Council, were jiroduced by tlie Secretary, upon the or-
der of the House, and a joint committee of both branches was appoitited to consider
that part of the Governor's speech relating to these bills, and make report. This
committee was ordered to sit forthwith. On the 22nd of January, a committee,
that day appointed by the House to " prepare the draught of a bill for making gold
a tender in payments, &c.," reported the following [No. (>.]; which had its first reail-
ing on the same day, and, on the next day, was read a second and third time, passed
to he eng^rossed, and sent up for concurrence.

[No. 6 J "An Act in Addition to an Act made and passed in the twenty third
Year of his late Majesty George tlie Second, Intitled 'An Act for ascertaining the
Rates at which Coined Silver and Gold, and English half Pence anil Farthings
may pass within this Government.
(A.) Whereas divers Doubts (A.) and Disputes have lately arisen relating to the true
Intent and Meaninr/ of said A<t and it has been made a Question whether the (jold Coins
therein mentioned are a legal Tender.

Be it therefore enacted and Declareil by the Governour, Council and Hotise of

Rejiresentatives, That the several gold and silver Coins in said Act specified, at the

iB.) Kates in said Act mentioned, (B.) have been, noio are, and shall be a legal Tender

(C.) in all Payments, publick and private, (C.) express. Contracts to the Contrary c/-

cepted." — Mass. Are/tires vol. lOi p. 145.

The Council voted to amend, by striking out the words in italics, and inserting, at
(A.), " have arisen and a Question been made whether the Gold dins mentioned in—
An Act made and passed in the 2;)'' year of his late Majesty George the Second
intituled 'An Act for ascertaining the rates at which coined Silver ami (iold and
english half pence and farthings may pass within this Government ': and, at (C\
'Specialties and express contracts excepted '—I'rovided that a double .loliaunes
or (Jold Coin of Portugal mentioned in the said Act shall not weigh less than eigh-
teen penny weiglit six grains, a single Johannes not less than nine pi'iuiy weight
three grains, a Moydoro not less than six penny weight twenty grains; and a
Guinea not less than live jienny weiglit seven grains; and that such of ilu! said
Coins which shall fall short of the respective weights atores'i shall neverliieless bo
accounted a Tender with a just Allowance for such dcliciency.''

On tlie original bill, in the ai<'hi\cs, it apjiears that these amendments were jiro-
posed ill the Council, Jan 2oi-d, on the first reading of the bill, and, on the 27th,
tliat the hill was read a second time, and passed, in coucurrenee, to be enacted, as
taken into a new draught, and sent down for concurrence ; and tiiat the House on
the next day, concurred in the bill, as taken into a n(>w draught by the House, and
sent it up for concurrence; wlien tlie Council immediately jiassed a vote to concur.
By tli(( journal of the House, however, as well as by the records of the Council, it
appears tliat tlie hill had only jiasscd to be engrossed. On the ■2',)th, tlie hill p;issed,
in liotii l)ranclies, to be enacted.

Not witiistaiiding tiiis, the House, as late as the .'ird of February, by a yea and nay
vote, iesolve<l that the \\ords "cxpres-; coiilracls to the contrary excepteil " he
Struck out of the hill; and, on thetitli, the liill was livoiight <lown by the Secretary,
with an amendmeni, wliicli tlit; IIous(> voted to consider on the Hth. As the aliove
qnot(Hl words do not appear in the act, and, as the clause, omitted in the bill, relat-
ing lo the entering up of judgments, appears in llie act, as well as the clause lixing
the rate of gohl, it would seem that tiic hill, after it had jiassed to be enacted, had
bi'cn, ill some manni-r, reconsidcr(vl and ainemled, sometime after its passage to be
enacted in both houses, and before it had lii'cn signed by the (Jovernor, or received
the seal, tlioiiL;h no further reciu'd of I liis irregular proceeding has Ixmmi jire.served.

At the third session, another attempt was made to .secure the enactment of the
provisions, siibstantiully, of tlm bill [No. 1.] for belter securing the possessors of the
l)rovihc«! treasiinir's notes, <S:c Acconliiigly, Jan. '2.")th, a joint committee was ap-
jioiiited ti) prejiare the drauglit of a bill for i)revcntiiig the counterfeiting coin and
Ihe treasurer's nottrs. Two hills seem to have resulted from this reference to the
coniiiiille<': on<( was sulistantially chapter '_'".'. This hill hail its lirst reading, in the
House, on the 2'.tth: and, on tlit> :i()th, was reail a secoml time, and " recommiltctl, to
makit ii jiroposed ameiidmeiit.'' On the 2nd of February, it was read again, and
referred. On the 4th, it was i(!ail again, passed to \u- eiigrosseil, and sent up for
coiieiirreiice. In Council, on the same tlay, it was read twice, and j>assed to he en-
grossed, in concurrence, with an amendiiieiit striking out the following words from
the sixth section; viz., "upon pain of forfeiting the interest of such notes," and
inserting tho clause, now remaining in that section, hegiuniug with "and no inter-

[Notes.] Peovince Laws. — 1701-02. 557

est," and ending with '" July uext." It was tlien sent down for concurrence. The
next tlay, the House voted to concur; and, on the Bth, passed il to be enacted.
On the lit h, it was passed to be enacted by the (.Jouiicil; and sigued by the Governor,
on the luth.

The other bill is given below. The words in brackets and italics, are interlined,
in the hand-writing of Lieut. -Gov. Hutchinson, and the latter of these clauses was
substituted for the nc.\t nine words which follow.

[No. 7.] "An Act in Addition to an Act, Inlitlcd, 'An Act against diminishing
or counterfeiting Money '; made and i)assc<l in the twenty third Year of [hix late
Majcsti/ Km;/] George the Second; and for preventing the counterfeiting of the
Province Treasurer's notes.

15e it enacted by the Governour, Council and House of Representatives, That if
any Person or Persons after the First Day of March next shall falsely make, forgtt
or counterfeit, or procure to he falsely niaiie, forged or counterfeited, or willingly
act i>r assist in the false making, forging or counterfeiting any (H.) Atoinij or (\iiii, (H.)
the ('urrency of which is established by the Laws of this Province, or shall falsely
make, forge or counterfeit, or |>iocure to be falsely made, forged or couuterfciiicti,
or willingly act, or assist in the false making, forging or counterfeiting any (A.) (A.)
iloiHij that is or may be current in this Province, or shall utter any such false, forged
or counterfeit Money or Coin, knowing the same to he fal.se, forged or counterfeited,
and be thereof convicted at the Superiour Court of Judicature, Court of Assize and
General Goal Delivery, shall be set in the Pillory for the Space of One Hour, and
then have one of his or her Ears cut off, and from thence shall be drawn to the fJal-
lows and set thereon with a Hope round his or her Neck for the Space of one Hour,
and shall then he puhlickly whipped not exceeding thirty li\e Stripes, and after-
wards committed to the House of Correction, and there confined aiul kept to hard
Labour, for a Term not less than ten years, nor exceeding twenty Years; and during
such Term, shall once every Year at the Time of holding the Quarter Sessions for
the Peace, be set in the Pillory for the Space of one Hour.

Provided, That the Justices of the Superiour Court, shall at their Discretion,
abate any Part of the Pains and Penalties aforesaid, so far as resjiects the uttering
any [snrh Gold or Silver Coin a.s aforesaid.] forr/ed or counterfeited money or Coin estab-
lit:lud bij law.

And be it further enacted, That upon an Escape of any such Person from the
House of Correction (after Conviction, or upon a second Conviction of any of the
OlTences aforesaid, the Offender or Offenders shall be deemed guilty of Felony, and
suffer Death without Benefit of Clergy.

And whereas divers Frauds and Deceits have been put upon several Persons, by
foruing and counterfeiting the Province Treasurer's Receipts and Obligations, ten-
dering in Payment, uttering and exchanging sucli forged and counterfeited Receipts
and Obligations, to the Prejudice of the publick Credit :

Be it further enacted. That if any Person or Persons, from and after the First—
Day of March next shall forge or counterfeit any Reccii>t, Note or Obligation made
or given out by the Treasurer of this Province,'pursuant to Law, for the Payment
of any Sum of Money, or in Imitation of any such Province Treasurer's Note, Re-
ceipt or Obligation, or any Indorsement of any such Receipt, Note or Obligation,
or ))rocure to he made, forged or counterfeited, or willingly act or assist in the false
making, forging or counterfeiting any such Receipt, Note, Obligation or Indorse-
ment, (ij.) or in Imitation tlu-rrof, or shall tender in Payment, utter, vend, exchange (B.)
or barter any such forged or counterfeited Receipt, Note or Obligation, (C) or /(j (C.)
Lnitation thereof, or demand to have the same exchanged for ready Money, know-
ing such Receipt, Note or Obligation so endorsed or demanded to be exchanged,
vended or bartered, to be forged or counterfeited, or shall tender in Payment,
utter, vend, exchange or barter, or demand to have exchanged for ready Money,
any true Receipt, Note or Obligation of the Province Treasurer with a forged or
counterfeited Endorsement thereon, knowing such Eiulorsemeut to be forged or
counterfeited; then every such Person so otfending, being thereof lawfully con-
victed at the Superi(jur' Court of .Judicature, Court of Assize and General Goal
Delivery, shall be set in the Pillory for the Space of one Hour, and then have one
of his or her Ears cut off, and from tlience shall be drawn to the Gallows, and set
theieon with a Rope round his or her Neck for the Space of one Hour, and then
shall be publickly whipped not exceeding thirty five Stripes; and afterwards com-
mitted to the House of Correction, and there confined and kept to hard Labour for
a Term not le^s than ten Years, nor exceeding twenty Years; anil during such
Term shall once every Year at the Time of holding the' Quarter Sessions f(jr the
Peace, be set in the Pillory for the Space of one Hour.

Provided, That the Justices of the Superiour Court shall at their Discretion, abate
any Part of the Pains aiul Penalties aforesaid, so far as respects the uttering any
forged or counterfeit Receipt or Obligation.

And be it further enactecl, (D.) That vpon an Escape of any such Person from Vic (D.)
IIoii.se ofCorrei-tion (after Coiirirtioi>)or vpon a Second Conviction of any of the Offences
aforesaid, thii Offender or Offenders shall be deemed guilty of Felony, and suffer
Death without Benefit of Clergy.

And be it further enacted. That whoever shall inform of any of the aforei;oing
Offences .so as the Offender or Offenders shall be convicted of the .same, such Inform- '
er or Informers shall receive out of the Treasury of this Province the Sum of twenty
live Pounds.

And whereas in and by an Act made in the twenty third Year of his late Majesty
King George the Second, Intitled, 'An Act against diminishing or coimterfeitine
31oney ' It is among other Things enacted. That upon a Second Conviction oi
any or either of the Offeuce^ iu said Act mcutioued, the Offender or Offenders shall

558 Province Laws.— 1761-62. [Notes.]

be cfiinmitted tt) the House of Correction, and there kept to hard Labour for the
Space of twenty Years: — And wliereas it may liappen that the Charge of support-
(E.) injr (E.) xarli (Jifviuler or Offenders in lite Jlmisc uf (Jarrcction during the Term afore-
said, may (in Case of Sickness or other Disability to Labour) liecome a Burtlien
unreasonable to be borne by that single County wliere the Conviction may be iidd:
._ . Be it tlierei'ore enacted, That the Cliarge that may arise for the Relief or Supi>mt
^ ■' of such Offender or Offenders (during (F.) *•'('•/* Commitment as ajhresitid, either by
P^orce of the Act aforesaid, or of this present Act) so far as the same through Sick-
(^•) ncss or (G.) otheririyp, shall appear to be unavoidable, shall be born by the Province,
and be paid out of the publick Treasury accordingly.

And be it further enacted, Tliat if any Puncheon, Dye, Stamp, Edger, cutting En-
gine, Press, Flask, pr olier Instrument for coining or counterfeiting gold or silver
Monies, or any Parr of such Tool, shall be hid in anj' Place, or found in the House
or Possession of any person (not empi.oved in coininc. in his Majicsty's Mints), nor
liaving the same by Authority, any Persons discovering are required to seize the
same, and to carry tlieni to some Justice of the Peace, to be produced in Evidence
against any Person who shall Ije prosecuted for such Offence, and after they shall
have been produced in Evidence, they shall by Order of tlie Court, or in the Pres-
ence of some Justice ol the Peace, in Case there be no Trial, be destroyed; and if
any counterfeit or diminished Money shall be produced in any Court of Justice in
Evidence, or otherwise, the Judges shall cause such Monies to be cut in Pieces
in Court, or in the Presence of some Justice of the Peace, and then to be delivered
to siicli Persons to whom tlie same shall appertain.

And this Act shall be read in every Town, and District at their March Meeting
Annually. Any Town and District Clerk neglecting to read the same shall forfeit
twenty shillings, to the Use of the Poor of the Town or District where such Neglect
liiippens." — Ibid., p. 172.

The amendments proposed to this bill, were, to substitute, for the words which ap-
pear in the bill in italics, as follows: at (H.), " gold or silver coin "; at (.V.), "gold
coin of Spain or Portugal, or any gold or silver coin of France"; at (D.), "that
upon a second conviction of any of tlie offences aforesaid, or upon an escape from
the house of correction, after a tirst conviction of auy of the offences aforesaid "' ; at
(K.), " in the house of correction, any offender or offenders against said act or
against this act"; at (F.). "his, her, or their, commitment"; at(G.), ''other disability
to labour"; the italicized words at (B.) and (C), to be eutirelj' stricken out. The
words in small capitals appear to have been cancelled, in committee, before the bill
was reported.

This bill was read in the Council a first time, Feb. 4th, and a second time, Feb.
10th; wIkmi it was passed to be engrossed, " as taken into a new draught," anil sent
down for concurrence. In the House it was read a tirst time, on the 11th, and a
second and third time, on the TJth; wlien the House voted to concur in the bill, "as
taken into a new draught by the House," and sent it up for concurrence. The Council
passed it, in concurrence, to be engrossed, Feb. 17th, " with the amendments from .V.
to II.," and sent it down for concurrence The House, on tlu! same day, concurred in
all these amendments, except the one at (A.), and again sent the bill up for concur-
rence. The Council, on the next day, voted to concur; substituting for the i)roposcd
anumdment at (A.), the words "any gold or silver coin" ; and again sent the bill
down for concurrence, to which the House agreed.

The bill passed to be enacted in the House, Feb. L':'>rd, but no record of its enact-
ment l)y tlu! Council has been found; though it ajipciars the bill was laid before the
(iovernor for his signature, which lie withheld for reasons stated in his message
I)rintcd in tlu^ note to 17(i"2-(>.'>, chanter !•, pasl.

" Feb. 12, 171)2. A Mcm(<rial ol John Worthington of Springfield K>n\^ Setting
forth That liaving gcuierally beiMi appoiiitiMl to Act as Attorney for the King in the
Absen<'(^ of tile Attorney (Jeneral, Ho hath been at great pains in bringing to Jus-
tice several jicrsons concerned in counterfeiting tlu^ current coin of the Province,
wliich luiih been to his Loss as a Practitioner, and as he has l)e<Mi so successful a.s
to discover two persons concerned in this ini(|nitous jiractice, by which means there
has been money paid into the Public Treasury, Praying tliat his Services may be
considered.

In the House of Representatives Read and Ordennl That the sum of Ten pounds
be paid out of tlu; Pul>lic Treasury to .lolm Worthington Esq'' as a reward for his
Services as .\tloniey for the King at tin; several Assizes in the County of llamp-
sliiro in tlie trial of se\eial Persons concerned together in counterfeiting the cur-
rent coin of the I'roviiK (! —

In Council Rt'iid and Ccmcurred Consented toby the Governor." — Council Ih'cords,
vol. .Y.\7I'., /-.2.V1.

" Feb. 1.!, 17<i2. A Petition of Thomas Noble and Nathaniel Williams of West-
Held in the County of 1 lampshire — Setting forili. That they were bound b.v Recog-
ni/ance, for the appi^arance of one William Crocker at the Sujieiior Court in Spring-
lield charged with coiniterfeitiiig the current coin of the Province, That the said
William ("rocker failed of his appearance and thereby his reco:.:nizance bccaiiu^ for-
feiied, That he was afterwards apprehended tried and convicted of the Olfence
aforesaid and punished accordingly, And Praying that they may be relieved against
the Penalty of their said Pond.
' In the House of llepresentatives Reail and Ordered That the Attorney Ceneial

be directed to stay any furtliiir pro<-«u'dii)gs on the Recognizance abovenieniioned,
I'rovided the Petitioners jiay the Costs of prosecution thereon and Thirty pounds
to th<! Province 'i'reasurer.

In t\)uncil (ll"'i Read and Nonconeurred. "—//»/(/., ;). 258.

" Feb. 22, 17U2. Tlioiii;is Claitp Esij'^ from tbu House of Represeutatives came up

[Notes.] Province Laws. — 1761-62. 559

to tlie Board with a Message to propose the choosing of three persons to ooimter-
sigu the Treasurers Notes, by joint ballot of the two Houses at ten o'clock to mor-
row morning.

William Brattle Esq' from the Board went down to the House of Representatives
with a Message to acquaint them that the Board agreed to the foregoing Proposal."
—Ihid., p. L'SJ.

" Feb. L'i, 17G2. The two Houses, according to Aijrecunent proceeded to the choice
of three persons to countersign tlie Treasurers Notes, tlie Votes being counted and
sorted it ajipeared that John Oshorue, Royall Tj'ler, and Jolin PLillips Esq" were
iinanimouslv chosen.

(."onsented to by the Governor

In the House of Rejiresentatives; Resolved, Tliat in case of the death or Sick-
ness of eitlior of the Committee chosen to countersign the Treasurers Notes agn-e-
al)le to the several Acts or Laws jiassed this Session of the (Jeneral Court, the
Ciovernor and the Council be and herebj- are in the recess of the General Court iin-
powered to appoint one or more in their room an<l siead as the case may require,
And He or they so appointed shall continue until the further order of this Court.
In Council Read ami Concurred Consented to by the Governor

In the House of Uepreseutatives Ordered That the Committee to be appointed to
countersign the Treasurers Notes be paid for that Service as this Court shall here-
after order. In Council Read and Concurred." — Ibid., p. ^83.

" Apr. 20, 17G2. A Petition of John Rider of CliatJiain. Setting forth That on the
fi"' of March one Thomas West of Chatham Gentleman did subtilly and falsely
Publish aiul shew forth in Evidence to the Petitioner, one forged Receipt pretend-
ing the same to be true under the hand of Harrison Gray Es(i'' Treasurer of this
Province dated Boston February 2(i: 17(j'-' for the sum of Eighty i>ounds, and indmed
the Petitioner to pay him the said Thomas West the sum of thirty seven pounds K/;!
on said forged Receipt, all which appears by the same Recei|it now in the hands of
Samuel Wiuthrop Esq"' Clerk of the Superior Court, and tliat at the Sui)erior Court
of Judicature &c=' held at Barnstable on the tirst Tuesday of May last an Indict-
ment was found and process did Issue for the apprehending said West, but he hav-
ing absconded nothing further is done upon the premisses, and so the Petitioner
uuist loose said sum of thirty seven pounds S/'-i unless relieved. Praying a Reim-
bursement maj' be made him.

In the House of Kejn-esentatives Ordered that the Prayer of the Petition be
granted and that the sum of thirty seven pounds, eight shillings, be allowed and
granted out of the Public Treasury to the Petitioner accordingly. —

In Council Read and Nonconcurred." — Ibid., p. 346.

"This Act [clia|)ter 28,] may seem unnecessary as the former Act by ascertaining
the rates of particular pieces of gold and silver coin must be supposed by impliciv
tion to make tliein a tender— But tins was very necessary to quiet the disputes in
the Province arising from the carrying away dollars to be transmitted to EngUmd
being the best specie for that purpose If, as some contended, Dollars only was the
Stantlard of lawful money, gold would have depreciated: but if the Standard of
lawful money was founded only on a proportion to sterling as 4:3, as seems evident
to me both from tiueen Ann's Act and the above recited Act, then the demand for
silver would not depreciate gold. This Act has had all the good effects expected
from it, it has quieted all the disputes about particular Coins and has fixed the
standard of lawful money by a jiroportion witli sterling and is in my opinion not a
new Law — luit only declaratory of an old one whose meaning seemed to be plain
enough before, though it might not be free from the doubts of legal Interpreters.
» * « * * *

This Act [chapter 20,] was occasioned by a discovery of divers forgeries of the
Treasurers Notes which were indeed too little guarded against such frautls. By
this Act there are so many Checks contrived for the New Notes as render the
counterfeiting them almost impracticable. Another advantage from this Act will
be that the outstanding Notes of the Treasury will be quite ascertained and the
whole of the forgeries discovered within a certain time. But this is uot all. The
former Treasurers Notes were payable only in dollars or silver at (i/S'' an ounce
(near S^ less than dollar silver) As Dollars were leaving the Province and silver
already undervalue<l, in comparison with dollars, advancing in real value greatly
above the rate of dollar's, the Province would have suffered very much if it had
been obliged to make its payments in tlie tenor of its bills. It was therefore a verv
timely prudence to change the tenor of the Bills and make them payable in gold
and silver indiscriminately The Credit of the Treasurers Notes (which is above
par) made this very practicable and now there is no distinction between Silver
Notes and Gold and Silver Notes, no more than there is between gold and silver
money.

The following Acts for supplying the Treasury differ only from others preceding
them in the regulations before mentioned But I nnist not omit observing to Yoin-
Lordship the extraordinary credit and good state of the Finances of this Province
Besides the advantage of a gold & silver currency in which it is almost singular
on this Continent and in which the Treasurers Notes the only Government securi-
ties, bear little or no part. All the debts of the Province are ])rovided to be sunk in
June 17()5, tho' indeed it will be necessary to alleviate the burth<;ns of the years
immediately ensuing by providing for some part of the payments by allocations at
a year or two further distant, even supposing that the extraordinary expenses of
the War shoidd end with this Year."'— G'oc. Hi fiutrd to Lords of Trade, April. 12,
17(12.- "Mn.ts. liinj, li. T.," vol. 78. L. I., .33, in Piiblir-Iirrord Office.

"The currency of Massachusetts Bay had been under as good regulation as pos-
sible, from the time that paper had been exchanged for silver, which was manle tba

560 Province Laws. — 1761-62. [Notes.]

fstandard at Co. 8d. the ounce. Gold was not a lawful tender, but passed current at
fixed rates, a guinea at ii8s., a inoidore at ;>(Js., &c., being nearly the same propor-
tion that gold bore lo silver in Emupc at the time when the paper-money was ex-
(•hangeil. Silver bulhon, for a j'ear or two past, had advanced in price, in England,
from .53. 3d. to os. 7d. an ounce. A greater proportion of silver than of gold ha(l
been exported, and people, who observed tlie scarcity of silver, were alarmed. A
bill was brouglitinto the house of representatives and passed, makin;^ gold a law-
ful tender at the rates at which the several coins had been current for many years
past.

The bill was non-concurred in council, and a conference ensued * between the two
houses, the lieuteiuint-fjovernor being at the head of the managers for the council,
and Mr. Otis of those for tlie house.

Tlie only argument on the part of the house was the danger of oppression upon
debtors, by their being ooliged to procure silver at disadvantage.

On the part of the council, it was said, that the proportion between silver and
gold was diiTerent at <lifferent times; that one onl.y ought to be the siandard, and
the other considered as merchandise; that, silver being made tiie standard in the
province, it behoved government rather to redu<'e the rate at which gold coin
shoulil pass, so as to make the proportion between gold and silver the same in tlie
province as in Europe; that, in sucii case, there would be the same proHt n|)on ex-
porting gold as silver; but as one metal was made the standard and the only lawful
tender, it was not advisable for government to regulate the other, but to leave it to
take its chance; and that there was no other way of securing the currency from de-
preciation.

The house was much engaged to carry the bill through, but the council stood liini
and rejected it, t

There seems to be no reason for engaging men more on one side the question
than the otlier, in this dispute, only as one side might appear to them more just and
reasonable than the other; but the lieutenant-governor having taken oni; sid(! of
the question, Mr. Otis took the otlier; and the court and country parties took one
side and the other with much of the same spirit, as if it had been a controversy
between privilege and prerogative." — Hutchinson's Hist, Ma^s. Bay, vol. 'S, p. ii8.

Chap. ."0. " Nov. 18, ITlil. A Petition of Timothy Walker and Others Assessors
of the first Precinct in llehoboth— Setting forth— Tiiat they have been in the jirac-
tice of calling their Precinct Meetings by posting up Notifications at the Meeting
House instead of directing a Warrant to the Constable for that jnirpose; and that
at their meetings thus warned, they have transacted matters of great imi>ortance,
sucli as settling a Minister and providing for his s»i]iport, and Ordering the Sale of
some Pars(jnago Lands, and also remitting the Ta.xes of some of the late Inhabit-
ants of Barrington, now set off to said first Precinct of Uchoboth, that so tins Min-
ister of liarrington may still receive the benelit of the said Inhabilants Taxes.
And as some of their doings have lately been called in Question by reason of their
Meetings being warned as aforesaid — Praying that the same may be couliiiued.

In Council Read and Ordered That William Rrattle Esqf with su<li as tin; honour-
able House shall join be a Committee to take this Petitit)n under con ^deration and
report. In the House of Representatives Itead and Concurre(i and Col" I'rescot
and AP Pelclier are joined in the Affair.'' — ('oiincil Ilccords, j-o/. A'A'/C, p. ll'J.

"Nov. 'JO, IK)!. The Committee appointed the IS"' Instant on the I'etition of
Timothy Walker and Others Assessors of the first Precinct of Relioboth reported
according to order.

In Couiuil Read and Accepted, And thereupon Ordered That tlu! several Votes,
Acts and Doings of the first Parish in Rehoboih since tlu'v have been mailo one be
ami lii;reliy are ratific;d and confirmed to all intents and puri>oses whatsoever as
fully and amply as if the several Meetings called by the Parish Committee had been
strictly eonlorinablc to Law, And that the Assessors of said firt Parish in Relio-
both Ik; ami hereby are inipowered to Assess t ho Inhabilants thereof from time to
time annually so much more than the Ministers Salary in Pehoboth is cu' may be as
it shall fall .short by reascni of the money arising upon the Taxes laid upon the
Inliabitants and the I^ands in that part of i;eh(d)oth which was formerly Harring-
ton, but by tlie running of the ]*rovinc(; and Colony lim^ fell to I his Ciovernment
shall amount to, and is jiaid to the Uev' iSP Townscnd of IJarringlon or that Iiere-
after may be i>aiil to his Successors in the iNIinistry there, and the Collectors of said
first Parish in Kehoholh ar(^ luM-eby iiniiowered and directed from lime to tiiiw, to
collect ami pay in the same. Anil that every Assessment heretofore made by said
I'arish for the piirjioso aforesaid is hereby ratilied tmd conlirnied. In ilie House of
Representatives Read and Concurred Consented to by the (Jovernor."— /ftjci.,
2). 117.

See, also, chapter G, ante, and note.

Chap. '^2. "T have lately rectuved Advices frcnn tin; Western Proiitic^rs that a
cOTisiderable Number of Iinlians, are t'onie into Stockbridge i^t. are disjxised to set-
tle in this Province to have their Children educated among tln! English & iii-
structtMl in iIk! Principles of the t!lirislian Religion. This is an Allair of great. Im-
portance; And I am very desinais that this Temper & Disposition in them should
ue cliorished & cultivated; And I recommend it to you immediately to consider

♦ lliitclilnBi>Ti'H memory, here, appears to have been at fault. There l« no record of any other
confcrcnee, than that of Nov. 27, ITt'il, on Iho bill for the bollior Hecurhig Iho podseHsors of the
provliii'o treaKwrcr'H ntile», [No. 4] above piiiileil. — lOlis.

t 111 a HCHHlun of till' iiHsi'iiibly, hoiik- lime iifler, IIiIh liill patoied into an act, niul gold as well ua
■Uvur was luudo a lawful lender. — AoU, by UuUhinvon,

[Notes.] Province Laws. — 1701-62. 561

& detenuine wbat is necessary to be done by you for this Purpose." — Extract from
Lieiit.-Gov, Phips's s;)cec/i to both Houses, 0<tl 2, 1751: Council Records, vol. XIX.,
p. yS7.

•' Oct. 0, 1751. Jacob Wendell Esq"" from the Coinmittee of both Tlouaes on the
Affair of the Mohawks &c. settling in this Province gave in the followiiif; Report,
viz'

The Committee appointed to fake under Consid(Mation that Paragraph of His
Honour's Speech respecting the Western Tribes of Indians &e. together with the
Report of the Comniiitee respecting that AtTair, re|)ort as their Opinion.

That a Committee bo apjxiinted to contract for a Quantity of Land, of the Con-
tents of about three Miles square! including the Hop l^ands, lying within the Town-
ship of ShertieUl & agree for an Ecjuivalcnt in Province Lands, or otherwise as

they shall .Judge best; Tliat there be two Schools Vmilt at the Cliarge of the

Government, wherein the Indian Children may he instructed, one for tlie Boys, & .

another for tlie Girls, that the House built for the Boarding School be linished; In
which the Master of the Boys School may live together with the Boys under his
Care, It being expectetl tliat the Girls will be boarded at M'" Sargeani's in Case she
undertakes to keep the School: —That tluMiiaintenance of the Indian Children in
said School, both as to Cloatiiing & Dieting be at the Expence of tlie (Government,
except so far as is provided for by M'' Uollis, or by the Corporation for projjagating
the Gospel : —

That there be two English Youths put into the Boys School in order to learn the
Indian Tongue, that so they may be (jualitied fur future Service to the Government
among the Indians to be boarded at the Expence of the Government; — That M'"
Ashlej' 1)6 retained as an Interpreter, who, together with her Husband may also be
employed in the necessary Services of the Family, And that there be an expert &
industrious Man procured to Manage tlie Husbandry on the School Lands, & in-
struct the Youths therein. & that proper Utensils therefor be provided.

That Provision be made for the Subsistence of the Mohawk Families together with
what they may bo able to supply themselves with by Hunting until they shall bo
able to raise something upon the Lands to sul>sist themselves: — That a Letter be
wrote to the Government of Connecticutt, informing them of the Measures taken
by this Government for securing the Six Nations to the British Interest, as well as
for their Instruction; And that \Ve hope & expect they will Join in them & con-
tribute towards the Expence.

That this Court do agree to the Proposals of Sir Peter Warren of Appropriating
tho Sum of Seven hundred Pounds Sterling in his hands for the Education of the
M(diawk Children & that he be immediately advised thereof, & desired to trans-
mit the same, & that it be let out at Interest; & the Interest be applied to the
Purposes aforesaid.

That a Letter be wrote to M'' Iltjllis of London (who has employed Cpt. Kellog to
support & educate a number of Indian Children at his Expence, that lie be informed
of measures taken by this Government for the like Purposes, <& desired to appoint
one or more Trustees for the Management of his Charity, to act in concert with
such Persons as mav be appointed by the Government in carrying on said Design.
And

That a Committee be accordingly appointed by this Court to carry into Execu-
tion the foregoing Design, that they bo impowered to receive such Donations from
Time to Time as may or shall be offered for the lOncouragemeut & Supjiort of said
School: That they have the Insjiection X; Regulation of the same, & the manage-
ment of all the Prudentials thereof, subject to such L)irections & Instructions, as
they shall receive from this Court from time to time: said Committee to be account-
able & to be rewarded for their Service

Jacoh Wendell ^ order.

In the House of Represent^i^s Read & Accepted.

In (Jouncil; Read & Concur'd Consented to by the Lieu*. Govern''." — Ibid.,

pp. ;i!».5, -.mi.

" May 29, 1761. In the House of Representatives Ordered That Col" Partridge M^
Higginson and M'' Foster with such as tho honourable Board shall join be a Com-
mittee to project some method for the redeiiqition of Persons that belong to this
Province now in the haiuls of the Fren<'h and Indians. Also to consider what may
be proper to be done by this Government to encourage the jiropagation of the Gcis-
pel aniong the aboriginal natives of the Land; and make report. In Council Kead
and Concurred and Bcmjainin Lynde and John Choate Esq™ are joined in the
Affair."— //>/»/., vol. XXIV., p. 9.

■'June lit), 1701. And Also That his Excellency the Governor be desired to write
Sir William Johnson acipiainting him with the proposal of this Government to
have an Interview with the said Indians and make 'em a j^resent, an<l de>ire Sir
William to inform said Indians thereof, and also inform his Excellency what time
and place he judges most suitable to meet the said Indians, and propose to their
consideration whether it would not be agreeable to them that some further meas-
ures be taken in order to propagate the knowledge of the Ciiristian Religion among
their Tribes.'' — Ertm't from the report of a committee appointed to consider the serrices
of the Six Nations : ibid., p. G9.

" Nov. 14, 1761. A Petition of Eleazer Wheelock of Lidianon in the Colony of
Connecticutt, Clerk— Setting forth— That Iks hath for many Years past had under
his care and instruction a number of Indian Youth S(jme of whom have since juoved
nsefull: That He is now about to enlarge his Plan by taking into his School some of
the Children of the Indians of tho Six Nations: that He hath no settled Funtl for
carrying this design into execution, but being inform'd that this (iovernment hath
ai>proi)riated the Interest of certain moneya received from La<ly Warren for the

5()2 Province Laws. — 1761-62. [Notes.]

purpose of Educating such Indian Children; and that there is not at present, nor
hatli been sinie the receipt of said money any Indian Youth upon the Foundation
witliiu tliis Province. And Praying That he may be allowed to receive tbe inter-
est of said money for the purpose aforesaid, He to be a'l-ountable.

In Council Kead and Ordered That Andrew Oliver and Thomas Hubbard Esq"
with such as the honorable House shall join be a Committee to take this Petition
under consick^-ation ajid leport. In the House of Representatives Read and Con-
curred and Col" Clapp and M'' Bradbury are joined in the Afidir."— Ibid., p. 104.

"Nov. 2-i, 1701. The C'oniniittct^ appointed the 18"> Instant on the Petition of the
Revi M'' Eleazer AVheeloclc reported according to order upon which the following
N'ote ])asse(I viz'

In tJH! House of Representatives. The within Report being read, thereupon Voted
That the Revi M"" Wheelock the Petitioner be allowed to take under his care for
, one Year six Indian Cliildren of the Six Nations for Education, boartlingandcloath-

ing, and that he be allowed for that purpose for said Children or for so many of ,
them as he shall receive under his care at the rale of twelve pounds ||/ Ai>iuim each
for one Year out of the; interest of Sir Peter Warrens donations, ho the said Whee-
lock laying before this Government an account of his dishursment on said Children,
and of the improvements they may have made at the end of the Year when he shall
apply for payment. In Council Read and Concurred. Consented to by the Gov-
ernor."—7^/(;, p. 12(i.

" In November ITiil, the Great and General Court or Assembly of the Province of
Maxacuhuaclta-hau, voted, That I should be allowed to take under my Care six
Chililren of the.sVx Xutionx, for Education, Clotliing and Boarding, and l)e allowed
for that Purpose, for each of said Children, 121. ])er Annum for oue Year, wliicdi
Boys 1 hav(; olifained and they have l)een for some Time in this School." — Whcelock's
" Plain and Faitlifal Narrative," Boston: 1703, jj. 40.

Besides the above, Wheelock acknowledges to have received from the Province
of Massachusetts, between Nov. 27, 17()2, and Nov. 27, 1763, the sum of £56 14s., and,
in the three following years, £S1, £27, and £.")4, respectively, sterling money.

"Jan. 20, 1762. A Memorial of Andrew Oliver Esqr and a great immber of Others
Inhabitantsof the Province— Setting forth— Tiiat the signal Success of his Majesty's
Arms in North America calling for our grateful Acknowledgments to Almighty
God, and the Subjection of Canada affording a favourable operiunity to spreail the
kno\vle(lg(; of the J'rotestant Religion among the Indians, a largo sum has been
subscribed, and that they apprehend it would be so much increased in a short time
by other Subscriptions, that the Profits of it would be sufficient to effect some Real
Service in promoting Christian knowledge, if a Society was erected with corporate
powers for this purpose.

And Praying for an Act of Incorporation vesting the Petitioners with such others
as they from time to time shall elect with all the Powers necessary for the purpose
aforesaid.

In Council Read and Ordered That the Prayer of the Petition be so far granted as
that the Petitioners have lilierty to bring in a Bill for the purposes therein mentioned.

In the House of Representatives Read and Concurred." — Council Records, vol.
XXIV., p. 1S4.

" The Professt design of this Act would have made it very difficult for me to have
refused my consent to it if it had been more exceptionable than it really is. But
I had no Other exception tlian tliat it alforded a caution that if all incorporations
were done by Acts of Assembly, it would tend in time, to a ]u-escription against the
King's right to grant Charters of incorporation. The clanger is not at hand at
j)resent, as this is the .second Act of the kind ever known, An Act for incorporating
thf! Marine Socic^ty being the first. I don't reckon within this rule the Acts for
enabling I'arislies to put out Trust Money for their Cimrch &c (which are fretpient)
because they are private, for a particular inirpose and contain no greater (lowers
than parishes have by general Law P>ut it seems to me that before am >i her Act
of tills kind is tender'd it would be proper to provide for the sujiport of tin! King's
right to incorporate by Charter: especially as this right h;is been dimieil by some
jieoplc both in the agitation of this business and upon another occasion which was
as follows:-

Some GentleuKMi at the Western Extremity of this Province jirojected a Scheme
for founding a College and brought in a 13111 for tbtit jnirpo-se which passed the
Iloust! jind w!is rejecttul by the Cmincil The reasons given by tlu^ Council for re-
je<ting It were tliiit the College was to be vested with University powers: that the
Province cotild not su[)port two Universities they would interfere, with oneanother.
The Ceiitlemeii then ai)i>lied to me for a Clharler under the Province Seal iind they
.agreeing to drop thi' ]iowers excejiti'd to, I ordered ii Charter lo be made out which
giving no other ])owcrs Imt to hohl htinils ;ind Money and sue andbesned I thought
mu-t be micxccpiioualile. Nevi'rthele.ss this would not do: a great Cry was ma<le
against this Charier upon two points— thtit it would be detrimental to the; oM Col-
lege, that i1 would lie injurious to tju- rights of t lie i>eoiile. I litid given so many
proofs of my regard for iIk! old College that there was no pretence lo suspect me of
a design to imrl it; and there was as litthi room to presume an injury to the rights
of the people, for tis tlie gnniting Chtirters is a right belonging to the King's Seal
and tli(! Charter of the Province is entirely silent about it, it certainly belongs to
the King's Seal within this Province in the same manner as it does in other Royal
Provinces.

N(!vertheless as the prosecution of this AlTair was no ways an intrest of my
Ollice and it might liiiv(> impeded affairs of greater eonseiiuence, I put a stop to tlio
Charter, still insisting on the King's right ot granting Ch.irters, tho" 1 did not think
proper lo persist in perfecting lliiH particular one: Uiwu which the whole di'^iuuo

[XoTEs] Province T.atvs.— 1701-02. 563

immediately subsided. It however persuaded ine tliat it would be necessary to
{^uanl ajxaiust the Kiug's right beiiii; impeached l>y an usage of granting incorpo-
rations bv Act only, which 1 liutnljlv sulmiit to Your I.ordships consideration." —
Gor. liert'mnl to Lords of Trade: April 12, 17(i2. •' Mass. Uaij, li. T.," vol. 78, L. I., 33,
in Public Record Office.

"Jan. 21, ITG.?. The Memorials of the Kev'' M"" Eleazer Wheelock of Lebanon
in the Colony of Connecticut, and of James Bowiloiii Escj'' and Others a Com'**-" ap-
pointed by the Society for the propagating of Christian Knowledge among the
Indians of North America relating to the disjiosition of the Interest of the money
granted by the late Sir Peter Wanen for the ediu-ation of the Youth of the Six In-
dian Nations, being laiil before the CtJiirt —

In the House iif Representatives; Read and Ordered That M"" Bradbury M""
Fester of Plymouth, and Col" Williams of Roxbnry with such as the honorable
Biianl shall join be a Committee tn take these Memorials under consideration and
make report.— In Council Read and Concurred and Benjamin Lincoln and James
Otis Esq" are joined in the Aiiaii." —Council Eecords, vol. XXIV., p. 510.

" That the Act for incorporatin;/ a Society for propa'jatiiifj Christian Knowledge
amont/st the Indians of Xorth America, should be taken into consideration on Friday
next the 4"» Feb'">' and that »he Agent for the Colony should have notice to attend.
Sanovs.'' — Minutes of the Board of Trade, Jan. 28, 17(>;!: " Trade Papers,'' vol. (j5,
p. .-52.

" Ordered that the consideration of the Act passed in Massacliusetts Bay in ITfJl
for incorporatinfi a Society for pmpa/atnif/ Christian Knowledge amongst the Indians of
Xorth America be postponed. Sandys." — Minutes of the Board of Trade, Feb. 4, 1763:
ibid., p. 51.'

" Feb. 3, 1763. The Committee on the Petition of James Bowdoin Esq"" and the
ReVi Ml" Wheelock respecting the Interest of S'' Peter Warrens Donation made
report. (Signed) Bex.i" I>incoi,>' ^ order. In Council Read and sent down." —
Council liecords, vol. XXIV., p. 548.

" Feb. 16, 1763. A Petition of Joseph Dwight of Great Barriutcton — Setting forth
That in the Year 1751 the General Court ordered a number of Mohawk Children to
be taken into a School at Stockbridge and instructed at the expence of this Gov-
ernment (together with a number of Boys tlum maintained at the expence of M'
Isaac HoUis^except so far as was provided for by M'' lloUis or by the Corporation
for propagating the Gospel upon which Order of the Government a Committee was
appointed, of which the Petitioner was one who was constantly in the business

and expended to the Amount of £120 Sterling over and above what he has

ever received, an Account whereof he exhibited to the Court in January 17.">4 for
Allowance; but no Allowance being then made him, he applyed to M'' Marty n Kel-
log — Executor to M^ Martyn Kellog Agent to said M^ Hollis. who had assured
him of payment from ^M'' Hollis; whereupon the said Executor drew liis Bills upon
him for the said Amount, which were returned protesteil with charge. And Pray-
ing an Allowanite therefor, and for the Interest of the same for eight years. And
further. Setting forth, That in the Year 1754 in consideration of his personal Ser-
vice in caring and providing for a number of Mohawk Families invited by this
Government to Stockbridge, the Court made him a Grant of 3 Rights of Land in a
Township between Northampton and Poutoosuck, which land was not reserved
when that Township was sold by order of Court in June last, And Praying for an
Equivalent

In the House of Representatives; Read and Resolved That tliere be allowed and
paid out of the Public Treasury, out of the Interest of the money given by Sir Peter
Warren for jiious and charitabh! us(>s, to th(> Petitioner Joseph Dwight Esii'' the sum
of One hunilrcd and sixty pounds in full for his Services mentionetl in said Petition.

And further Rcsolve(l That there 1)0 granted to the said Joseph Dwight One
Thousand Acres of Land to b(! laid out in two parcels, if he see cause; he to return
a I'lan tiiereof within one Year from this time: Provided he release to the Province
all right and title in the three Rights of Land mentioned in the Petition. — In Coun-
cil Rf.'ad and Concurred Consented to by tin; Governor." — Ibid., p. 5.S!).

" Their Lordshi[)s took into consideration an Act pa-ssed in the Province of Massa-
chusetts Bay in Feb'>' 1762, to incorporate certain persons by the name of the .'^oricti/
fir prciiiujiitinij ('hrislidii Kiitnrlrd;//' autouf/ the Indians of Xurth .Imcrica, and the
said Act ajipcaring liable to several Objections, it was ordered that the Draught of
a Representation to His Majesty be prepared proposing it may be repealed.

* » ' » « CTitwysuEyv."— Minutes of the

Iliuird of Trade, March 15, 1763: " Trade Papers," r<,l. (i.'>, //. H(i.

" At the Court at S' James's, tin; 20' day of May 1763. * *

Whereas by Commission under the Great Seal of Great Britain, the fJovcrnor.
Coimcii, anil Assembly of the Province of the Massachuscts Bay in New Englaml
in America, are authorized and emjiowercd to i-onstitute and ordain Laws, which
are to continm; and be in Forci% uidcss His Majcstys Plcjisure Ix' siguilieil to the
contrary — And Whereas in Pursuance of the said Commission a Law was passed
in the said Provinci; in February 1762, Entituled as follows— \'i/,«

'An Act to incor|(orate certain Persons by the Name of X\\r. Society for propa-
' gating Christian Knowledge among the In<liai^ of North America.— Whidi
saiil Law having been under the Consideration of nie Lords Commissioners for
Trad(! and Plantations, and also of a Connnittee of the Lords of His Majesiys most
Honourable Privy Council, The said Lords f)f the Committee this day presented the
sai<l Law to His Slajcsty at this Board with tlnjir Opinion that the same ought to
be repealed— His Majesty taking the; same into Consideration, w:is ple;i.sed, with
the Advice of His Privy Council, to declare His Disallowance of the; said Law;
And Pursuant to His Majestys Royal Pleasure thereupon expressed, the said Law

564 Province. Laws.— 1761-02. [Xoti-s.]

is TiotpIw repealed, declared Void, and of none Effect— Whereof the Oovemor, or
Coiuiiiaiuler in Chief, of the said I'rovinoe for the time Ix-iiicr, and all others whom
it may concern, are to take Notice and govern themselves accordingly. —

W: Blaik." — Order in Privy Council :
Mass Archivm, vol. 14, p. 345.

" .Fiine 14, 17(i4. In the House of Representatives Whereas the Great & Gtc«ral
Court in Nov(!ml)er ITfil in (■om|>liance with the request of the ReVi M"" Eleazer
Wheelnck of Lehanon did desire him to procure six Indian Boys of the Six Nations
of the Mohawk Indians to be educated in the Indian Charity School under his care,
he to instruct, subsist and cloatli them, the Cost of which was to be paid out of the
Income nf Sir Peter Warren's charitable donation for that jturpose; which Boj-s were
obtained, educated, subsisted and cloathed by said M"" Wheelock, and the Account
of the Chartje given to, and i:)aid by the General Court out of the said Donation;
and iu the month of June 17(i3, the General Court resolved That the sum of Twelve
pounds be further granted to the said M'' Wheelock for subsisting & educating
said .six Indian Boys out of the said Donation from the 27 Kovemb"" 17(52 to '27 No-
venf 17(i:i, and it appearing that live of said Boys are still supported and educated
by said M'' Wheelock, the charge of which amounts to more than the Allowance
granted. Resolved That the Sum of Seventy two pounds be allowed and paid to the
Kev'i M' Whcclrxk for subsisting and instrui'ting the said five Indian Boys from
th(^ "27 November 17(!:{ to 27"' November 1764, provided that the saitl five Boys con-
tinue under his care till that time, providecl also he subsists and educates in liis
School the Indian named Joseph, one of the Six that went out as an Interpreter, all
the time tiiat he may continue with him upon his return from this time tq the said
27"> of November 17(14, the whole to be paid out of the Income of said Sir Peter
Warren's Donation, the one half of said Sum to bs paid to the said M^ Wheelock
now, the other half on the said 27 Novem. 17(J4, he reudring an Account to this
Court for their Allov.aiicc.— In Council Read and Concurred Consented to I)y the
Governor '' —< 'o:iii'-i/ /.'.rofv/.s, vol. XXV., p. 266.

"June 13, 17(i.'). A Petition of the Rev'' Mf Eleazer Wheelock of Lebanon— set-
ting forth— That he hath so far instructed the six Mohawk Indian Boys in his
School, whom this Go\'ernment had taken under their patronag(> as that they are
now qualified to Teach School among their own Nation, and it is now thoiiglit
)>rop(>r that they should rcttirn home for a season, and be imploy<'d in that business
under the Conihutt and direction of sca^eral .Missionaries who i'.r<! apjiointed to go
among the six Nations, That he is eneonraijed l)y Sir W'" Johnson to cx|)cet some
more of the youth. Aiid praying that he may be allowed now to receive the Interest
of S'' Peter SVarren's Donation for the last half year, and that the Court woiUd con-
tinue this allowance to him for the ('loathing these youths that are now going and
for supporting them in their absence; and towards the supporting & instructing
three )nore that will be left still under his car(^

In till' House of Representatives. Resi>lved That tlier(> be ]>aid to the Rev' M""
Klr-azer Wheelock the Sum of Forty two jiounds for the Bu.-irding and Edueatin'»
th(^ Indian P.oys in his Petition mentioned for Seven Months eudiiiL; the 27''' day of
.Tune eurreiit. And that the further Sum of Thirty jiounds lie paid to the said M^
Wheelock in order 1o ('loath said Indian P.oys for their decent return to tlieir
friends, ati<l both Sums to Ik; paiil out of iIk; Interest of Sir Peter Warren's Dona-
tion: and that the Application of such Iut<'rest to the maintenance of Indian Boys
in lh(' Colony of Coiinei'ti<'Ut discontimu^ and cease.

In Council, Read and Concurred. Consented to by the Governor." — Ihiil., vol.
XXVL,p.2?>.

C'h(fp.">'^. " Nov, 20, 17(il. A Petition of .Tames Athearne and Jonathan Allen
Agents for the Towns of Tislmry and (31iilinark— Setting forth— That the tir.st Set-
tleuKMits of the ICnglish on Martlia's Vineyard were at the East end of the Island,
and i:;duartown was accordingly maile the Shire Town, where Ww. County Courts
hav(! been held ever since; but that \ho. gnsater part of the Inhabitants are now set-
tled in the Towns of Tisbury and Chilmark at the We.st end of the said Island
And as it will not only best accomodate the Inhabitants of Martha's Vineyard, but
those also of tiie Elisabeth Islands and of Nomans Land to have the County
Courts held at the West eiul of the Islaiul of Martha's Vineyard, Praying that Tis-
bury may be matle the Shire Town, and the County Courts held there for the future
accord in;4ly —

Iu Council Read and Ordered That the Petitioners serve the Town of Edgartown
with a eojiy of this Petition that they shew cause (if any they have) on the second
Thursday of the next Sittint; of this Court why the Prayer thereof should not bo
granted. In the IIouso of Representativea Read and Concurred."— C'ommci'/ Rec-
ords, ml. XXIV., p. 117.

" Jan. 22, 17(12. A Petition of James Athearn and Jonathan Allen of Martha's
Vimnard, Praying as entered 20"'Novemher last. That the Inferior Court of Com-
mon Pleas &(•'" muy for the fiUure be held in Tisbury, and that it may be made tlio
Shire Town of Dukes <'ounty for the reasons therein mentioned.

In Council Head ag.iin togi-ther with the Answerof the Town of Edgartown and
Ordered That Benjamin LyiidQand John Cusliing Esq'» with such as the honourable
House shall join be a Coiiuuitteo to take the same under consideration hear the
Parties and report.

In the House of Representatives Read an<l Concurred and M'' Tyler, Cap' Liver-
more and Cap' Pii'hartlson are joined in the AlTuir," — Ihiil., p. lid.

" Feb. (■>, 17(12. On the Petition of James Athearn and .lonathan Allen as entered
the 22'' of .laimary.

In t'ouneil Ordered That John Clhoafe Esq'' be of the Committee on this i'etition
iu the room of Benjamin Lyudo Esij'^ who is absent.

[XoTES.] Province Laws. — 1761-G2. " oiio

In the House of Representatives Read and Concurred."— /?«(?., p. 2.T3.

" Feb. it, 17(32. Tlio foUowiu.i; Uoport was inadu and acted upon viz'

Tlio CoaimittiM! to wlioni wa.s rclVrred the Petition of tlio Agents of the Towns of
Tisliury an<l t'iiiiniark with liu! Answer thereto and fully lieard the Parties are
of opinion that the Prayer lie so far frranted, as tliat tiie Court of General Sessions
of the IVace and Inferior Court of Common Pleas which by Law is to l)o hold at
Edgartown within and for said County of Dukes County on the last Tuesday of
October aninially, iustcatl tliereof for the future shall be held and kept at, Tislniry
within and for said County of Dukes County annually on the last Tuesday of Oc-
tober, Ami that the Petitioners have leave to brin^^ in a LJill acc<jrdinf;ly.

(Signetl) J.N" Cismim; ^f-* order

In Council Read and Accepted In the House of Representatives Rend and Cou-
turreil." — Ibid.,}). L'41.

Chop. 3i. "Feb. 11, 1762. In the House of Representatives; Whereas the Court
of General Sessions of the Peace and Inferior Court of Common Pleas for the
County of Ilanipshire which by Law is appointed to be held at Northampton on
t he second Tuesday of February current by order of this Court stands adjourned to the
la.st Tuesday of said February: Aiul Whereas several of the Justices of said Court
are now attending this Couit and probably will lie detained upon the business of
the Government: Therefore Ortlered, That the said Court of General Sessionsof the
I'cace and Inferior Court of Coinnion Pleas which by order of this Court stand ad-
journed to the last Tuesday of February current be further adjourned t<j the third
Tuesday of March next, and then to be holden at Northam]itou in said County at
ten of the clock in the forenoon of the same day: And all Pleas. Writs, Actions,
Suits, Plaints, Processes, Precei>ts, recognizances and other notters whatever re-
turnable or having day at said Court shall stand, abide and continue unto the said
third Tuesdaj' of Marcli, and shall then have day, be heard and tried and proceeded
in by said Courts respectively at said Northampton, and shall be deemed and held
as good, effectual and availalile in Law to all intents and jiurposes whatsoever as if
the said Courts had been held and kept at the time and place by Law provided for
holding the same and no adjournment thereof had been made. In Council Read
and Concurred Cousented to by the Governor." — Council Eecorch, vol. XXIV., p. 261.

Chap. 36. "March 27, 1761. A Petition of Donald Cummings and others Inhab-
itants of the Town of Biddeford in the County of York— setting forth that since the
Division of the County of York, it would be more Convenient that some of the
County Courts should be held elsewhere, and Praying"that such for the future be
held at Biddeford,

In Council Read and Ordered that Samuel Danforth and Ezekiel Cheever Esq"
be a Committee with as the honi'it^ House shall join to take this Petition under
consideration and report. In the House of Representatives read and concurred and
Ordered that Major Cushing M"^ Powell and M^ Bowers be joined in the Affair." —
Council Records, vol. XXIII.. p. (i<i7.

" April 15, 1761. The Committee appointed the 27"i March last on the Petition of
a Number of the Inhabitants of the Town of Biddeford, Praying That the Court of
General Sessions of tlie Peace and Inferior Court of Common Pleas which has here-
tofore been held at Falmouth on the first Tuesday of October annually may here-
after be held at Biddeford Reported that the Prayer of said Petition be granted, and
that the Petitioners have leave to bring in a Bill accordingly.

(Signed) S: Danfouth #•' order.

In Council Read and Accepted In the House of Representatives; Read and Non-
concurred and Ordered that the further consideration of this Iiei)ort be referred to
next May Session and that tlie Petitioners serve the several Towns in the County of
York with a Copj- of said Petition by inserting the sulistauce thereof in ono of the
Public News Prints, that they give Answer the second Tuesday of next May Ses-
sion (if they see Cau.se) why the Prayer thereof should not be granted— In Council
Bead and Concurred."— /^ici, p. 7U.

".June 11, 1761. A Petition of Donald Cummings iK: others, Inhabitants of
Biddeford in the County of York— Praying that one Inferior Court in a Year
may be held in said Town, as entered 15"» April last.

In Coimcil Read again together with the Answer of a great number of Persons,
Inhabitants of divers Towns in the County of York, And Ordered That Benjamin
Lincoln and Thomas Flucker Esq" with such as the liouourable House shall join be
a Committee to take the same under consid<'ration and report. In the House of
Representatives Read and Concurred and Maj' Hartwell, Col" Prescot and M"^ Lan-
caster are joined in the Affair. — Ihid., vol. XXIV., p. 'V-l.

"June l;i, 1761. The following Report of a Committee was made to the two
Houses viz' —

The Committee to whom was referred the Petition of the Town of Biddeford and
the several Answers thereto beg leave to report that having examined the f(u-mer
orders of this Court, they tiiul the Towns were to be notified by inserting the sub-
stance of the Petition in one of the public Prints, the answers to which the Com-
mittee observe are not from the several Towns considered as such, but frtun
Individuals in the same: and as the Members of the said i'owns are most of them
returned home, the Committee are of opinion that the consideration of this Affair
be referred to the second Tuesday of the nest Session of this Court, and that the
several Towns be further notified by the Town Clerk, of Biddefo>d: imd th.it by
inserting the substance of the said Petition in a notification in writing posted up in
the moat public place in the several Towns within the said County.

(Signed) Bicnj^ Lincoln \f' order.

566 rr.oviNCE Laws. — 17G1-62. [Notes.]

In Council Read and Accepted. And Ordered Tliat the Town Clerk of Biddeford
Ije directed to notify the several Tt>\vns in the County of York of the Petition of
said Town for e.stabli.shing one of the County Courts therein, by inserting the sub-
stance of said Petition together with this order in a notification in writing to be
jiosted up in the most jiublic place in each Town, that they shew cause if any they
liave on the second Tuesday of the next sitting of tliis Court why the Prayer
tliereof shouhl not l)e granted. In the House of Representatives Read and Con-
curred."— IhiiJ., p. 42.

"June ](>, 17{il. A Petition of a number of the Inhabitants of the Town of
Wells — Praying Tiiat in eonsidcration of the merits of said Town as a Barrier for
many Years against the Enemy, and tlie convenience of the situation; tlie County
Court wliich bcfon^ the division of tlie Countv used to be held at Falmouth niav
for the future be held at \VeIls.

In the House of Represeutatives Read and Ordered That the Town Clerk of
Wells be directed to notify the several Towns in the County of York of the Peti-
tion of said Town by * establishing one or more of the County Courts therein by
inserting the substance of said Petition together with this order in a notification in
writing to be posted up in the most public place in each Town, that they shew
causie, if any tliey have on tlie second Tuesday of the next Sitting of this"^Court,
why tlie Prayer thereof should not be granted. In Council Read and Concurred." —
Ibid., p. 4().

" Feb. 10, 1762. A Petition of a number of the Inhabitants of the Town of "Wells,
Praying that one or more of the County Courts may be held in the said Town, as
entered the Ki"' of June last.

In Council Ordered That this Petition be revived And that John Cushing and
Gamaliel Bradford Esq" with such as the honourable House .shall join be a Com-
mittee to take tlie Petition and Answers under consideration and report. In the
House of Rejiresentatives Jlead and C\)ncurred and Cap' Howard, M'' Brown of
Newbury and M' Pliillips of Andover are joined in the Affair." — Ibid., p. 247.

"Feb.'ll, 17(i2. In t^ouncil Onlered Tliiit the Petition of the Town of Biddeford
be revived and that John Cusliing and Gamaliel Bradford Esq''* with such as the
honourable House shall join be a Committee to take this Petition and Answer un-
der consideration and report. In tlie House of Representatives Read and Con-
curred and Caj)' Howard, M'' Brown of Newbury and M"" Phillips of Andover are
joined in the Affair." — Ibid., p. 253.

" Feb. 18, 17G2. The Committee appointed the 11"> Instant on the Petition of the
Town of Biddeford made rejiort, (Signed) Jn" Ci'siiinc. \\' order.

In Council Read and Acce])tc{l. And i;e,solv(>d That the Petitioners Iiihabitimt <
of the Town of Biddeford have liberty to bring in a Bill for establishing the hold-
ing the Court of General Sessions of the Peace and Inferior Court of Common Pleas
oil the first Tuesday in October Yearly in Bideford; which before the division of
the County of York was established tobc held at Falmouth: And that the Petition
of the Town of ^Vells be dismissed.

In the House of Representatives Read and Concurred."— /6/(/., p. 270.

Chap. 39. " Feb. 18, 1762. An engi-ossed Bill intituled ' An Act for granting sev-
eral Bounties upon Wheat and Flour, having passed the House of Representatives
to be Enacted.

In CouiK il Read a third time and the Question put, whether this Bill pass to be
Enacted ? It passed in the Negative.

Tliomas Cusliing Esi]' from tJie House of Reiiresentatives came up to the Board
with a Message to incpiiie if tlie Board liad pa.ssed upon tlie engrossed Bill -sent up
from the House for granting several Bonn lies upon Wlieat and Flour.

Benjamin Lincoln Est]' from tlu^ Board went down to the House to inform them
that the Board had Noncoiicur'd the said Bill.

In Council Ordered That Andrew Oliver, James Bowdoin and John Choate E.s(i"
with sucii as tlie lioiioralile House shall join be a Committee to jiroject .some proi)er
method for encourageing the raising of S\'lieat witliin this Province. In the House
of i;epres(witatives llead and I'lianiniously Noneoncurred.

James Otis Esq' from tlie House came up to the Board with a Message to desire
that the Bill for granting several Bounties upon Wheat and Flour might be sent
down to tlie House.

.John Ciioato Esci' from the Board went down to the House with the said Bill." —
Cv}i)ici^Iiev.oV(h,XH)l. XXIV., p. 273.

"Feb. 20, 17<)2. A Bill intituled 'An Act for granting several Bounties upon
Wheat and Fhiur,' liaving ]>assed the House of Representatives to be Engrosseil
with divers Amendinents iqiou the Hill first passed, In C^ouncil Read a first ancl
8(M-ond time and passed a concurrence to be Engrossed." — Ibid., p. 270.

• Chap. 42. See note to 17()2-()3, chapter 8, and 17()5-66, chapter 23, post.

Chap. 43. See note to 17G0-61, chapter 34, ante, and 1762-63, chapter 8, post.

Chllp.A^^. "Jan. 21, 1703. A Petition of Nathaniel Holraan and Charles Baker
Agents for the Town of Tenipleton, Setting fortli their inaliility in tiiis tlieir Infant
stat(! to d(?frey the iKM'cssary Cliarges of the Town, i>ay tiieir Slinisters Salary and
linisli their Me<'ting House. And Praying that a tax of "one jieny half peny }J' Acre
be hiid upon all tlie Laii<ls in tin; Town for five Years successively- in order to raise
money tor tlie ]>urposes aforesaid —

111 tile. House of R(!presentatives; Read and Ordered That the Petitioners serve

• Hie: tot.

[Notes.] Province Laws. — 1761-62. 507

the Proprietors of tlio Lands in thn Town witliiu nif^ntinnod with a ropy of Uiin
I'otition !)>• inserting tlio siihstaneo tlicrcof in two of tUo. IJoston News I'apl-rs tlin-o
Wcelcs successively tliat so tliey shew cause if auv thev liave on the sccouil Thurs-

day of tlie ui-\t Session of tliis (."ouit why tlie Prayer tliereof slmuld not hi; grant
In Council Head and Concurred."— r'o»nc// Records, vol. A'A7l'., p. 514.

Jted.
;). 514.

" Juno 10, 17().i. Upon the Petition of tlie Town of Teni]>leton as entered the 24">
of January last, the followin.i; Order passed the Court viz' In the House of Repre-
sentatives Read and Reviveil. And Ordered that a Tax of one peny \y aero he
imposed upon all tlie I^ands in Tciiiplett)n for 'i'wo Years for th<» purposes within
nientioncd. The First Year eiidiii;,' on the lirst day of Xovenir next: the second
Year to commence from that time, and X\w assessors and constahles or collectors
in said Templeton arc hereby rcsiiectively authorized and impowered to collect the
8au;e.

In Council Read and concurred Consented to by the Goveruor."— /6id., vol,
XXr., p. 51.

See, also, note to 1762-63, chapter 8, post.

Chap. 46. See note to 1762-63, chapter 8, post.

Chap. 47. " June 4, 1762. A Petition of John Chadwick and others a Committee
of the Pronrietors and Inhabitants of the Township heretofore called Number one
lately in tlie County of Hampshire, now in the County of Beiksliire, and made a
Town by the name of Tyrin<;liam. Setting forth, That the said Proprietors before
the Town was incorporated, did at sundry times make Grants of money for the
Support of the Public Worship, and making Roads in said Place; but that there are
certain delinquent Proprietors who think tlieiiiselves freed from jiaying what they
have been assessed, hj' the Act lately making them a Town, And I'raying that they
may be enabled to levy and collect the several sums heretofore granted by the Pro-
prietors. Also praying that the said Town of Tyringham may be authorised to
raise money to defrey the necessary charges that have arisen in said Township before
it was incorporated, to he levied upon the Propriety agreeable to their former
method of taxing. And further that such Proprietors as liave neglected settling
their Lands according to the tenor of the Grant may be compelled so to do, and that
their Lands maj' be taxed in the meantime.

In the House of Representatives Resolved That the Inhabitants of the Town of
Tyringham in the County of Rerkshire lately the Proprietors of the Township
called Number one in said County be and they hereby are imjiowered to levy and
collect all such Taxes as have already been granted and ordered by said Proprietors
and assessed on their Lands in the same manner as by Law they might; and that
the proper officers for levying and collecting the same have use and exercise all the
same Power in Levying and ccdlecting thereof as they might, could or had by the
Laws of this Province before their incorporation into a Town.— And that the Pe-
titioners notify the Nonresident Proprietors of Lands in said Tyringham that they
shew cause on the Second Wednesday of the next Session of tliis Court why their
Lands should not he taxed towards defrej'ing the necessary charges arising within
the said Town until they settle the same and comply with the Original Grant of said
Township by inserting the substance of this Resolve in all the Boston Public News
Papers for three Weeks successively, thirty days at least before the said day. In
Council Read and Concurred Consented to bv the Governor." — Council Records,
vol. A'A'ZF.,p. 403.

" Jan. 31, 1763. Timothy Woodbridge Esqf from the House came up to the Board
on a Message to desire that the Petition of the Inhabitants of Tyringham may bo
sent down to the House —

James Otis Esqf from the Board went down to the House with the said Petition."
—Ibid., p. 537.

"Feb. 1, 1763. A Petition of a Committee of the Town and Proprietors of Ty-
ringham, Praying that they may be enabled to levy and collect money for building
a Meeting House and for Supi)ort of the Minister as entered 4 June last.

In the House of Representatives Read and Ordered Tliat this Petition he revived
and thereupon Ordered That the Petiti(^iier serve the Nonresident Proprietors of
I.iands in said Tyringham in one of the Boston News Papers three weeks succes-
sively, that 80 they shew cause, if any they have, on the second Wednesday of the
next May Session'why the Prayer thereof should not be granted. In Council Read
and Concurred." — Ibid., p. 540.

See note to 1760-(il, chapter ;i4, ante, and 1762-63, chapter 8, post.

Chap. 48. In his zeal to hasten the revocation of the order stopping the payment
of the 1750 money until a balance, appearing to be due from the province in the ac-
counts of the Earl of Kinnoul, was adjusted, Mr. I>ollan, upon the calculation, and
showing of the books, of Messrs. IIani)ury and Thomlinson, contractors for remit-
ting money for the army, and without waiting for further evidence, admitted that
the colonies had l)een overpaid by the contrai-tors, and consented, as the condition
of his receiving the province's share of the grant, that £7-'>5, 16s. lOd., estimated to
he the province's share of this debt, should be deducted. No such debt was actually
due; but it was inferred from a fictitious entry in the accounts of Mr. Apthorp, the
contractors' agent in America, who had since died. This entry, it ai'pears, was
made in order to reconcile Mr. Apthorp's accounts with tho.se of his principals, there
being a difference in their accounts, of twopence per dollar, in reducing to tin- Brit-
ish denominatiim the money which had been shipped in dollars. Though the
necessities of the province at that critical juncture seem to have justified Gov.
Shirley in assuming the ri.sk of lending government money, in 1756 {see 1755-56,

■ i]H Pkovince Laws.— 1761-62. [Notes.]

cliap. 27, noto, and 1750-00, chap. Ifi, note), still, it would seem that had the trans-
actions relating to the loan and its repayment been through the regular channels,
and upon jiroper vouchers, all misunderstanding and delay might have l>cen
avoided.

In dealing with a case so out of the usual course, it is difficult to see how Mr.
BoUan could have acted differently, in the interests of the province, and upon the
only evidence that was immediately available. Nevertheless, it appears that this
misunderstanding, added to the ohjectious jireviously urged against him. was suf-
ficient to defeat his re-election: and, accordingly, on the 23d of April, 17(>2, Mr.
Jasper Mauduit was chosen to succeed him.

Richard Jackson, Junior, appointed as his substitute, to receive the money, was
also rcconuncnded to Mr. jNIauduit as a person proper to be consulted by him on all
matters of law.

" April 23, 1762, Eoyall Tyler Esqf from the House came up with a Message to
the Board to acquaint them that the House had agreed to come to the choice of an
Agent at 3 o'clock in the Afternoon and to desire the Board would join with
them in said choice.

William Bi-attle Esq"" from the Board went down to the House of Representatives
to inform them the Board agree to said proposal, and desire it may be under-
stood that whoever shall be chosen Agent, shall have some person joined with him
in receiving and remitting the Parliamentary Grant." — Council Records, vol. XXIV.,
p. 3G0.

" April 23, 17G2. Thomas Foster Esq"" from the House came up with a Message to
the Board to acquaint them that the House was ready to bring in their Votes for an
Agent.

Isaac Royall Esq'' from the Board went down to the House of Representatives to
inform them that the Board were also ready to join with them in said choice.

In Council; The two Houses pursuant to Agreement ]iroceedcd to the choice of
an Agent for the Province! in Great Britain, by Joint Ballot: upon sorting and count-
ing the Votes it ajipcared that .Tasjier ISIauduit Esq'' was chosen by a Majority of
the Votes, ('onsented to by the Gf)vernor." — Ibid., j>. V>CM.

" April 2:>, 17(12. In the House of Representatives Ordered that Royal Tyler James
Otis and Thomas Gushing Esq'^ be a Committee with such as the honourable Board
shall jiiin to prcjiarc. Instruction'^ for .Jasper Mauduit ICsq"' Agent for this Province
at the Court of Grtiat Britain. In Council Read and Concurred and William Brat-
tle and James Bowdoin Esq"* are joined in the Affair." — Ibid., p. 370.

" April 24, 17()2. The Committee apjiointed to prejiare Instructions for Jasper
Mauduit Estj'" Agent for this Province at the Couit of (^reat Britain, report the draft
of three Letters, one to JNl'' Bollan, one to M'' Agent Mauduit and another to M''
Jackson, which was read and in Council Read and accepted. And Ordered Tliat the
Secretary catise three fair coiiies to be made of the Letters to M'' Bollan M^ Maud-
uit and M"' Jackson and transmit them to the said Centlemen respectively by three
good Conveyauccs as soon as may be;— In the House of Representatives Read and
Concurred Consented to by the Governor." — Ibid., p. 374.

" Ajiril 24, 17()2. Thomas Cashing Esq'' from tJie House of Representatives came
up with a Message to the Board to propose Amendments on Letters to the Agent
&c»

William Brattle Esq' from the Board went down to the House of Representative."?
with a ^lessage to inform them that tlu^y had concurred tlie several proposed
Amendments in the Letters to the Agent I'tc" aiul had nothing lying before them."
— Ibid., p. .'i7().

"There had been a great division in the Assembly about a proper person for
agent in England. At length the mil jority agreed upon .lasper Mauduit, Esq., known
to the |n'incii)al mcunbers, as treasurer to tlie society for propagating tli(( gospel
among the Indians in New England and parts adjacent, and in esteem for his great
integrity. It afterwards ap]ieared that tlie business of tlie agency was managed by
his brothi^r, Israel Mauduit, E-iq., a gentleman of suixuior talents; and the House
being sensible of it, juissed a vote appointing him agent for the iirovince in the
room of Ills brothel, who had cxjiressed his (lesire that such a change slioiild bo
made; and a majority of tlu; Council was disposed to a concurrence, but <iovernor
Bernard, having a desire to introduce another ])erson, wliicli it would be less easy
to (iffect after the estahlislimcnt of a gentleman of Mr. Israel Maudiiit's character,
prevailed with the (Council to non-concur the vote; and ^Ir. Jasper Mauduit con-
tinued at. tliis time tJK! agent." — [liitr/niisoii'x Hist. Mass. Bay, vol. 3, p. 1<M, note.

See, fiirtlu^r, note to 17t)2-(>3, chai>ter 10, post.

Chap. 40. " I take notice of this Act only to declare that I am not unmindful of
Your Lordships Orders concerning Lottery Acts, from which I hojie this .Act will
not 1)0 considered as ii di'partiire alllio'it does make some addition to tlie sum
originally granted. I'^aneiiil IImII (I he noblest |)ublic Room in North America) was
burnt down about a year and a half ago: It belonged to the Town and should liavo
b(!en reliuilt by a geiuaal Tax, but the great losses by lire which the Inhabitants
have siitTered made that method to raise the Money impracticable. The Assembly
jiassf'd the Original Act to raise 20()() pounds. Tlie Trustees immediately set about
the Work in assiuaiii'e that they should have leave to raise such further sinn as
should 1)0 wanted to coiiipleat the Work. It was evident that the Original sum
would not do: if an addition should not he made to it, the former grant mtist be
rendered useless by the ineompletioii of the purpose for which it was granted. This
Act was therefore necessary for carrying the original into Execution." — G'or. Hcr-
nnrd to Lords of Trade, May 3, 17G2; " Mtus. Bay. B. T.," vol. 78, L. I., 33, j/» Public-
liccord Office.

ACTS,
Passed 1762—63

[569J

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-sixth day of May, A.D. 1762.

CHAPTEK 1.

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

Be it enacted by the Governor^ Council and House of Representa-
tives^

That the sum of thiitccn hundrGd pounds be and is hereby granted Grant of £1,300
unto his most excellent majest_y, to be paid out of the public treasur3- '» 'be governor,
to his excellency Francis Bernard, Esquire, captain-general and gov-
ernor-in-chicf in and over his majesty's province of the Massachusetts
Ba}-, to enable him to carry on the affairs of the government. \_Passed
May 31 ; published June 12.

CHAPTER 2.

AN ACT FOR ERECTING THE WEST PRECINCT OF RUTLAND, KNOWN
BY THE NAME OF THE WEST WING OF RUTLAND, INTO A DIS
TRICT BY THE NAME OF OAKHAM.

Oakham
bounds.

Whereas the inhabitants of the west precinct of Rutland, so called, Preamble,
in the county of Worcester, having represented to this court the great
ditliculties and inconveniencies the}' labour under in their present situa-
tion, have earnestl}' requested that they may be incorporated into a dis-
trict,—

Be it therefore enacted by the Governor^ Council and House of
Rep resenta t ives ,

[Sect. 1.] That the said west precinct, bounded as follows ; viz'*'.,
easterly, on the town of Ruthnnd ; northerh% on Rutland district ;
wcst[er][?'."ar(i]ly, on New-Braintree district; and southerly, parti}- on
said New-Braintree district and parti}' on Brookfield, be and is hereby
incorporated by the name of Oakham ; and that the said district be and
hcreb}- is invested with all the powers, priviledges aftd immunities that
towns in this province ['>^*] law do or may enjo3-,"that of sending a
representative to the General Assembly only excepted ; and that the
inhabitants of said district shall liavc libert}' from time to time to
join with [^the *] town of Rutland in chusing a representative ; and
shall be notilicd of the time and place of election, in like manner
with the inhabitants of the said town of Rutland, b}' a warrant
from \_the*^ selectmen of the said town, directed to a constable or
constables of the said district, requiring him or them to warn the inhal)-
itants to attend the meeting at time and place assigned ; which [^-ar"]-
rant shall be seasonabl}' returned by the said constable or constables ;
and the representative ma}- be chosen indifferently from the said town

To Join with
Rutland in
cliocint; a rep-
rusentaliVL'.

• Parchment mutilated.

671

572

Pr.oviNCE Laws. — lVd2-63.

[Chap. 3.]

Town-meeting
to be warned.

ProvlBO.

or district ; the pa}' or allowance to be liorne by the town and district in
proportion as the}' shall, from time to time, pa}- to the province tax.

Ayid be it farther enacted,

[Sfxt. 2.] That John Murra}-, Esq'^'^^., be and hereb}' is directed and
impowercd to issue his warrant, directed to some principal inhabitant
within said district, requiring him to warn the inhabitants of said
district, qualified to A'ote in town affairs, to assemble at some suitable
time and place in said district, to chuse such officers as are necessary
to manage the affairs of said district.

Provided, nevertheless, —

[Sect. 3.] The inhabitants of said district shall pay their propor-
tionable part of all such count}' and province charges as are already
assessed upon them by the town of Rutland, in like manner as tho'
this act had not been made. [_Passed June 7.*

CHAPTER 3.

AN ACT FOR INCORPORATING THE EAST SIDE OF SACO RIVER, IN
THE TOWN OF BIDDEFORD, INTO A SEP[E][^]RATE DISTRICT BY
THE NAME OF PErPERRELLBOROUGII.

Preamble.

Pepperrell-

boioiigh

bounds.

To join with
niil<lcfot(l in
chooHlti); 11 rof
rexeiitalivc.

l*rovlHo.

Whereas the inhabitants on the east side of Saco River, in the town
of Biddefbrd, in the county of York, have represented to this court the
gi'cat (lidiculties and inconvenicnc[i]es they labour under in their pres-
ent situation, and have earnestly requested that they may be invested
with the powers, privilcdgcs and immunities of a district; tlierelbre, —

Be it enacted hi) the Governor^ Council and House of Representa-
tives,

[Sect. 1.] That all the lands in the town of Biddeford, lying on
the east side of Saco River, in the county of York, together with
an island, in the said river, commonly called and known by the name of
Indian Island, be and hereby is erected into a sep[e][(y]rale and dis-
tinct district by the name of Pe[)pcrrellliorough, l)ounded with the same
bounds as the town of Biddeford now is, on the east side of Saco
River ; and that the said district be and hereby is invested with all
the priviledges, powers and imnnniities that towns in tliis province by
law do or may enjoy, that of sending a rei)iesentative to the (Jeni-ial
Asseinlily only excepted ; and lliat the said district shall have full
lil)erly and right from time to time to join with llie town of Biddeford
in cluising a repiTsentative to repiesent them at the (Jeneral Assenilily ;
and shall be notified of the time and place of election, in like manner
with the inhaliitants of the said town of Biddefbrd, by a warrant from
th(! selectmen of the said town, directed to a constable or constal»les
of file said district, requiring him or them to warn the inhal)itaiits to
attend the meeting, at time and i)lace assigned, which warrant shall be
seasonal)ly rc^turned by the said constaltle or constables; and the rep-
reseiilalive may l)e chosen indili'erently fiom the said town or district;
the pay, or allowance, to l)e born by the town and distinct in pro[)ortiou
as they shall, from time to time, pay to the province tax.

J'rooided, nevertheless, —

^\n(l be it farther enacted,

[Sect. 2.] That the said district shall pay their proportion of all
town, county and province taxes already set or granted to be raisi'd on
the town of iJiddelbid albi'esaid, as if this act bad not been made.

• Signed June 15, according to tho record.

[1st Sess.]

Province Laws. — 1762-G8.

57;?

^lial be it further enacted,

rSKCT. 3.1 That Rishworth Jordan, Ksiif''., l)e ;mkI hjiebv is iinpow- Town neeting

, . 1 • i i • • 1 • 1 1 •» X c '■ ^ f 4 ..• , t^ to be warned.

oic'd to issiio Ins warrant to some prnici[)al inhabitant of said district,
requiring him to notily and warn tho iiihal>itants of said district,
qnalilied In* law to vote in town airaiis. to meet at sucli time and phice
as shall be' therein set forth, to chnse all such oflicers as shall be neces-
sary to manage the aflTairs of said district. [^Passed June 9.*

CHAPTER 4.

AN ACT FOR INCORPORATING THE NEW PLANTATION CALLED
NEW niNGIIAM, INTO A TO^VN BY THE NAME OF CHESTERFIELD.

Whereas the proprietors of the new plantation called New Ilingbam, Preamble,
arc under such circumstances that they cannot carry on their publick
aflairs witiiout the aid of this court, they being originally two propri-
ties as to their property, and have never been united into one propriety
as to their pulilick affairs, —

Be it thercfure enacted by the Governor, Council and House of
Representatives,

[Sect. 1.] That the new plantation, called New Hingham, lying in CbogtorHeid
the county of Hampshire, bounded as follows : east, on the township of
Hatfield ; south, partly on Northampton, and parti}- on land lately sold
by the province ; north, partly on province lands, and parth' on a grant
made to Narraganset[^] Number Four; and extending west, to make
twenty-three thousand and forty acres, — exclusive of Colman's grant,
which contains six hundred acres, — be and hereby is incorporated into
a town by the name of Chesterfield, with all the powers, priviledges
and immunities that towns within this government have or do enjoy.

And be it farther enacted,

[Sect. 2.] That all taxes to be raised within said town for set[<]-
ling a minister, building a meeting-house, clearing and repairing roads,
be levied upon the several proprietors of said plantation, according to
their interest, until the further order of this court, and that said inhab-
itants proceed by the same rules, in levying and collecting said taxes,
as proprietors in new plantations are b}- law obliged to observe.

And be it further enacted,

[Sect. 3.] That Samuel Mather, Esq^'l, be and hereby is impowered Town-meeting
to issue his warrant to some principal inhabitant of said plantation, " '^ waiue
requiring him to call a meeting of said inhabitants, in order to chuse
such oflicers as by law towns are impowered to chuse in the month of
March annually. \_Passed June 11.

T.-ixes to be
raised.

CHAPTER 5.

AN ACT FOR REND[E]RIXG MORE EFFECTUAL THE LAWS ALREADY
MADE RELATING TO SHINGLES, AND FOR REGULATING THE ASSIZE
OF STAVES, HOOPS AND CLAPBOARDS.

Whereas great fraud and abuse are practiced in making and pack- PreamHe.
iug shingles and hoops, and also in making and culling staves, ex^joited
from this province ; for preventing the same for the future, —

* SiginMl Juno l."), according to the record.

574

Province Laws.— 1762-63.

[Chap. 5.]

Dimensions of
BhinglcB, iisccr-
tnini'il.

1750->'>1, clmp.
10.

Penalty for
deficiency.

Dimonsions of
Htaves, asccr-
taincd.

Dimensions of
clapboards.

Ditto, of lioups.

Be it enacted by the Governo\\\]r, Council and House of Repre-
sentatives,

[.Sect. 1.] That from and after the twenty-fifth day of March next,
no shingles, staves, or hoops, shall be offered for sale in any town
[/r/7//,*] in this province, that shall be under the following dimensions ;
viz^"., all shingles shall l)e eighteen or fifteen inches in length, accord-
ing to which of those lengtlis they are \_to be*'] sold for ; pine shingles
shall be free from sap, and all shingles shall be free from shakes and
worm-holes, and b(^, at least, one with another, four inches and an half
in breadth, half an inch thick at the butt end. and neither of tliem to be
under tlu-ee inches and an half in width at the butt end. — and shall hold
that width three-quarters of the way to the thin end, — and be well
shaved ; and each bundle shall contain the full number it is sold for :
and in case there shall be above ten shingles, that are under the above
length, breadth and thickness, or five, short in the tale, in a l)andle of
two hundred and fifty (and so in proportion for a larger or smaller
bundle), the bundle whicli is so deficient, or in which such shingles are
contained, shall be forfeited ; and the shingles in each bundle, not mer-
chantable, shall be burnt, and the residue of them sold ; and the money
arising from the sale shall be paid into the hands of the town treas-
urer, for the benefit of the poor of such town where the shingles are
condemned, first deducting therefrom the charge of culling and sur-
veying.

[Sect. 2.] And all white-oak l)utt-staves shall be at least five feet
in length, five inches broad, and one inch and one-quarter of an inch
thick on the licart- or thinnest edge, and every part thereof; and all
white-oak pipe-staves shall be at least four feet and eight inches in
length, four inches broad in the narrowest part, and not less than tlu'ee-
quarters of an inch thick on the heart- or thinnest edge ; and all white-
oak hogshead-staves shall be at least three feet and six inches long,
and not less than half an inch thick on the heart- or thinnest edge ; and
all white-oak barrel-staves, for a foreign market, shall be thirty-two
inches long ; and those for home use shall be tliirty inches long, and
half an inch thick on the heart- or thinnest edge; and all white-oak
hogshead- and barrel-staves shall be at least, one with another, four
inches in l)rcadth, and none under three inches in width in the
narrowest part; and those of the width last mentioned shall be clear of
sap : and all rod-oak hogshead- and barrel-staves shall be of the same
length and thickness with the white-oak hogshead- and barrel-staves
al)()ve mentioned, and shall be four inches wide in the narrowest part ;
and all staves shall be well and proportiouably split.

[Sect. 3.] And all pine clapboards, that shall be exposed to sale,
shall be made of good, sound timber, clear of sap ; and all clapboards
shall be free from shakes and woi'm-lioles. and of the following ilimen-
sions ; viz'"'., full live-eighths of an inch thick on the back or thickest
jiart, five inches wide, and four feel and six inches long ; and they shall
be strait and well shaved.

[Sect. 4.] And all hogshead-hoops that shall be exposed to sale,
or exijorted, shall be from ten to thirteen feet in length, and shall be
made of while-oak, or walnut, and of good and sullicieut substance and
well shaved ; those made of oak shall be not less tlian one inch broad
at the least end, and those made of walnut shall bo not less than
thrce-cinarters of an inch broad at tiie least end; that a binidle shall
consist of forty hoops ; and all hoops often, eleveiu twelve and thirteen
feet, respectively, shall be made up in distinct bundles, by themselves ;
and if any hoops are packed of U'ss dimensions than those prescribed
l»y this law, or more than two short of the tale in any bundle, the bundle

• Thcso words arc found only in the edition of 1763.

[1st Sess.] Provtnck Laws. — 1702-63.

575

sliall be Ibifeiteil, and sold for the benefit of the poor of the town where
it is offered for sale.

And be it further enacted,

[Sect, o.] That each town where shingles are made or sold, maj'
and shall chiise one or more snrvo_yors of shingles and clapboards, in
the month of March, annually, who shall be nnder oath for the faithful
disfhargc of their duty, who shall be allowed, b}- the buyer, sixi)cncc per
thousand for his surveying and telling ; and before any shingles arc
sent from the town where they are made, or, at the place of first
sale before their delivery, they shall be viewed, sui-veyed and measured
by a sworn surveyor, and the town brand set upon the hoop of the
btmdle ; and all shingles odered to sale without being surveyed and
marked as aforesaid, shall be forfeited and disposed of as afore pro-
videtl in this act.

[Skct. G.] And in each maritime town, in this province, from whence
staves or hoops are usually exported beyond sea, there shall be two or
more suitable persons, chosen by such towns some time before the
twent3--fifth day of March next, and at their meeting in March, annually,
to be viewers and cullers of staves and hoops, who shall be under oath
faithfully to discharge their office, and shall, for their encouragement to
accept tins trust, be allowed for their time and service as follows ; viz'''.,
one shilling and eightpence per thousand, for barrel-staves ; two shil-
lings per thousand, for hogshead-staves ; two shillings and fourpence
per thousand, for pipe-staves ; and two shillings and eightpence per
thousand, for butt-staves, as well refuse as merchantable ; the mer-
chantable, to be paid by the person buying the same, and the refuse, b}'
the seller ; and the culler shall be allowed four shillings per thousand,
for hoops.

And be it further enacted,

[Sect. 7.] That from and after the twenty-fifth day of March next,
all staves that shall be exported from this province, beyond sea, shall be
first culled, and all hoops first viewed and surveyed, b}' one of the offi-
cers aforesaid, and a certificate given bj- the culler or surveyor to the
master or commander of the ship or vessel on board which the}' are
laden, of the quantitv by him so culled or.survej'ed ; and the wyths, or
hoops, with which the bundles of hoops are packed, shall be sealed with
the brand of the town from whence the}- are exported ; and that all
shingles and clapboards that shall be exported bej'ond sea, shall like-
wise be certified, by one of the surve,vors already requu'ed b}^ law to be
chosen in each maritime town within tliis [)rovince, to have been b}' him
surveyed, viewed and approved, and the number or quantity thereof ;
and any sellers of staves, hoops, clapboards or shingles that shall de-
liver any of the said articles before they are culled or surveyed, shall
forfeit and pay the sum of eight shillings per thousand ; and any per-
son purchasing any of the articles before mentioned, and who shall
receive them before they are culled or surve5'ed, shall forfeit and i)ay the
sum of eight shillings per thousand ; one half to the informer, who shall
sue for the same in any of his majesty's courts of record within this
province proper to try the same. — or before any of his majesty's justices
of the peace, in case the forfeiture be under forty shillings, — the other
half to the use of the poor of the town where such offence is com-
mitted.

And be it further enacted,

[Sect. 8.] That from and after the said twenty-fifth day of March
next, the master or owner of an}- vessel having any staves, hoops, clap-
boards or shingles on V)oard, for their cargo, and which shall lie shi|)ped
after the said twenty-fifth day of March next, before such vessel shall
be cleared at the impost-office, shall deliver into the im])03t-office a ccr-

Siirvoyorn of
cliiphoartlH and
BhiiiK'L'H, to bo
cliosen.

Hoop of the
buiullfs, to be
brunded.

Penalty.

Vii'werH and
cullers of Btaveg
mid liuup!«, to be
chosen.

The commodi-
ties herein men-
tioned, not to be
shipped without
being certified
to have been
Burveyed.

Penalty.

Vessels having
such commodi-
ties, not to be
cleared witlioul
such ccrtiiicatc.

576

Province Laws.— 1702-63.

[Chap. G.]

Penalty for
eliipping with-
out ccrtiilcate.

Penalty on the
officer, in case
of fraud.

Penalty for not
qualifying or
not serving.

Continuance of
Uiu act.

tificate of such staves, hoops, c]!ipl)oar(ls and shingles having been
culled or surve3-ed, and shall likewise make oath holbre the impost
oflBcer (who is hereby required and [e] [;']m[)owei'ed to administer the
same) , or before any one of his majesty's justices of the peace ; who sliall
give a certificate of said oatli, — which shall, by the master or owner, 1)C
transmitted to the impost otlicer, — that the staves, hoops, clapboards
and shingles on board his vess*:-! are, bonn fide, the same staves, hoops,
clapboards and shingles certified to have been culled or surve3-cd, and
that he has no other on board ; and the impost ofHcer for his service
[aforesaid*] shall be allowed one shilling for each vessel.

And be it further enacted,

[Sect. 9.] That from and after the twenty-fifth da}- of March next,
if any person shall presume to sliii) off any staves, hoops, clapboards
or shingles, unless the same shall first have been culled or surve3'ed. and
marked by a sworn culler or surveyor, as aforesaid, he shall forfeit and
pay the sum of eight shillings per thousand, to l)e disposed of; one half
to the poor of the town where the offence is committed, and the other
half to the surveyor, or an}- other person or persons who shall sue for
the same, — which he er they are hereby enabled to do, — by action, bill,
plaint or information, in any court proper to try the same, or before
any of his majesty's justices of the peace, if the forfeiture bo under
forty shillings.

And be it further enacted,

[Sect. 10.] That in case an}' culler or surve3'or shall connive or
allow of the breach of this act, or shall be guilty of any fraud or deceit
in surveying or culling of staves, hoops, clapboards or shingles, he shall
forfeit and pay the sum of ten pounds for each offence ; and in case of
bis refusal to attend the aforesaid service when he shall be thereto
requested, he shall forfeit and pay the sum of twenty shillings : the for-
feitures and penalties in such cases to be recovered and disposed of as
aforesaid.

And be it further enacted,

[Sect. 11.] That if any person or persons who shall be duly
chosen to serve as a surveyor of clapboards and shingles, or as a culler
of staves and hoops, shall refuse or neglect to take the oath for the
faithful discharge of the oflice, or to serve therein, every such per.son
or persons shall pay the sum of twenty shillings, to the use of the poor
of the town chusing such person or persons ; and everv such town shall
forthwith proceed to the choice of other or others in the room of any
person [s] so refusing or neglecting.

[Sect. 12.] This act to be in force for the space of three years from
the twenty-fifth day of March next, and no longer. [^Passed June
11 ; t published June 15. J

CHAPTER 6.

AN ACT FOR LENGTHENING OUT THE TIME FOR THE PAYMENT OF
INTEREST ON THE TREASURER'S NOTES.

Preamble. Wheueas in and by an act made in the second year of his present

J,'i*"-"-> c»»"p. majest3''s reign, intituled " An Act for the better securing the possess-
ors of the province treasurer's notes, by enabling the province treas-
urer to give new receipts or obligations in lieu of such notes as aro now

• Omitted in tlio fditioii of 17('>:?.

t SigiKul .Iimc l.">, acrnnliiif; to tlin record.

i Publinhud Juuu \'l, uccurdin};; to tbc priutcd acts.

[1st Sess.]

Provtxce Laws. — 17G2-63.

577

extant," it is, amoug other things, enacted, " that all the possessova of
the treasurer's notes, who do not eluise to have them exchanged lor
notes of the new form, shall, some time before the last day of June
next, bring such notes to the treasurer's office, and have them stamped,
and an account taken of them by the treasurer and a committee to be
appointed by the general court ; and no interest shall be paid upon any
such treasurer's notes, receipts or obligations not brought in as afore-
said, for any longer tune than until[l] the last day of July next;"
and whereas there has been no public[k] notice given of the time for
the bringing in and exchanging of said notes, as mentioned in said
act, and many i)ersons may be ignorant thereof; therefore, —

Be it enacted by the Governor, Council and House of Representa-
tives,

That the time for the possessors', of the treasurer's notes, bringnig
them into the treasurer's office to have them exchanged for notes of a
new form, and have them stamped, as prescribed b}' said act, shall be
and is hereby lengthened out unto the last day of October next: and
that interest [shalT] be paid upon any such treasurer's notes, receipts
or obligations that shall be brought in by that time and no louger ; and
that the treasurer give public [k] notice hereof in the Boston newspa-
per tlii'ee weeks, successively. \_Passed June 11 ; * published June 12.

Time for briiiK-
iiii; in tn-asui
cr'rt notes,
U'n{jtlicnc<l out.

CHAPTER 7.

AN ACT FOR SETTING UP A FAIR IN THE TOWN OF HARDWICKE IN
THE COUNTY OF WORCESTER.

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That henceforth there may be kept a fair in said Ilard-
wicke on the third Wednesday and Thursday of May, and on the tliird
Wednesday and Thursday of October, annually.

And be it further enacted,

[Sect. 2.] That the said town of Ilardwicke be and herel)y are en-
abled, at a meeting called for that purpose, to chuse proper officers to
regulate said fau- until the annual meeting in March next, and to be
chosen thereafter, annually, in the month of March, during the continu-
ance of this act.

And be it further enacted,

[Sect. 3.] That no bargain and sale made at any of the said fairs
shall be deemed valid and effectual in the law, unless the same be made
between sun-rising and sun-setting.

[Sect. 4.] This act to continue and be in force for the space of
seven years from the first day of July next, and no longer. \_Passed *
and- published June \2 .

Fair est.iblishoi
ut Iluidwick.

Officers to be
chosen to regu-
late Uio fair.

Bargains to be
made between
siinrisu un<l sun
6et.

Continuance of
the act.

CHAPTER 8.

AN ACT FOR INCORPORATING THE PLANTATION CALLED NEW MAR-
BLEHEAD, IN THE COUNTY OF CUMBERLAND, INTO A TOWN BY
THE NAME OF WINDHAM.

WiiEUEAS it is represented to this court by the gi-antees of the plan- Preamble,
tatiou called New Marblehcad. in tlic county of Cumberland, tliat tlie

* Signed June 15, according to the record.

578

Provixce Laws.— 1762-63.

[Cfiap. 0.]

Wiiulham
bounds.

Town-raeeting
to be warned.

inhabitants thereof labour under many inconvenienc[ne3 by tlioir not
being incori)orated into, and invested with the powers and privile[d]ges
of, a town ; therefore, —

Be it enacted by the Governor^ Council and House of Representa-
tives^

That the whole of the said plantation, bounded as follows ; viz"^., be-
ginning at a place called Sacarippy Falls, in Pesumscot River, and so,
as the river runs, to a great pond called Chebago Pond ; thence, north,
forty-five degrees east, four miles and one luindrcd and twenty poles :
thence, south, forty-five degrees east, to the head-line of North Yar-
mouth ; thence, south, forty-five degrees west, on said head-line, three
miles, to the place where the towns of Falmouth and North Yarmouth
do njeet and join ; thence, south, twenty-four degrees ami twenty min-
utes west, on the head-line of Falmouth, seven miles and sixty poles, to
Sacarippy Falls first mentioned, — be and hereby is erected into a town
by the name of Windham ; jyrovided, the lines above mentioned do not
include more than the original grant of said township ; and that the
inhalntants thereof be and hereby are invested with all the powers and
priviledges that towns in this proAince do enjoy ; and that Stephen
Longfellow, Esq^'^., be and hereby is impowered to issue his warrant to
some principal inhabitant of said plantation, requiring him. in his
majesty's name, to notify and warn the said inhabitants, duly qualified
to vote in town affairs, to convene at sucli time, and place in saiil plan-
tation, as by said warrant shall be appointed, tlieu and there to cliuse
proper oflTicers to serve til[Z] their next March meeting, acconling to
law. [Passed June 12.*

CHAPTER 9.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF THIRTY-
FIVE THOUSAND AND SEVEN HUNDRED POUNDS, TO BE THENCE
ISSUED FOR DISCHARGING THE PUBLIC DEBTS, AND DRAWING
THE SAME INTO THE TREASURY AGAIN.

Preamble.

TrenBurer cm-
pDwered to bor-
row £35,700.

1749-50, clinp.
lU.

Form of IroaB-
uri-r'a receipt.

Whereas it is necessary that provision be made by the general court
for discharging the debts of the present and prececding years, —

Be it enacted by the Governor, Council and House of Mepresenta-
tives,

[Sect. 1.] That the treasurer of the province be antl hereby is im-
powered and directed to borrow, from sucli person or jjeisons as sliall
he willing to lend the same, from time to time, as he siiall have occasion
for the money, a sum not exceeding thirty-five thonsaml and seven
hundred pounds, in mill'd dollars at six sliillings each, or in the several
species of coined silver and gold enumerated in an ai-t, made and i)as.sc>d
in the twenty-third year of his late majesty King(Jeorge the Sect)nd,
inlitiiled "An Act for ascertaining the rates at which coined silver and
gold, English halfpence and farlhings. may jiass within the govern-
ment" ; and the sum so l)OiTowed shall be applied in manner as in this
act is hereafter directed ; and lor the said sum the treasurer siuiU give
his receipt or obligation in the form following : —

I'lovince of tho Massacluisetls Bay, the day of , A.D.

liorrowcd and ri'ccivcd of tho sum of . for lln' u.si> and

servico of the province of the ^lassachusetts liay ; and, in behalf of said prov-

Signccl Juno 1!), according to the reconl.

[1st Sess.]

Province Laws. — 1762-63.

oTO

ince, I do hereby promise and oblige myself and successors in the office of
treasurer to repay the said or to his order, the twentieth day

of June, A.D., one thousand seven hundred and sixty-four, tlie aforesaid sum
of , in Spanish mill'd dollars, at six shillings each, or in the several

species of coined silver and gold, enumerated in an act, made and passed in
the twenty-third year of his late majesty King (leorge the Second, intituled
"An Act for ascertaining the rates at which coined silver and gold, English
halfpence and farthings, may pass within the government," and according to
the rates therein mentioned, with interest, annually, at six per cent.

Witness my hand. li. G., Treasurer.

A. B.,^

C. D., > Committee.

E. F.,)

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

Which form shall be printed upon the most suitable paper that can
from time to time be provided by the treasurer, and a suitable border
round the same, — and also the words "Province of the Massachusetts
Bay,"' the word •' Committee," and the words "Witness my hand," —
shall be struck off from a copper-plate, which the treasurer has been
im powered and directed to procure, and is now in his possession ; and
each blank, before it is filled up, shall be stamped, in some convenient
part of it, with a stamp of a new form, which has been also procured
by the treasurer for that purpose.

And be it further enacted^

[Sect. 2.] That a committee of three shall be appointed by the Committee to
general court, who shall sign all the blanks, at the left hand, as in treasurer.'''^
the form aforesaid is prescribed, before the treasurer fill them up ;
and the said treasurer and the said committee are also impowered and
directed to dispose of the custody of said copper-plate, and stam[). in
such manner as in their discretion shall appear most likely to prevent
an\' frauds or counterfeits ; and the said committee, and all persons to
be emploA'ed in the printing, engraving or stamping of said blanks,
shall be under oath to the faithful discharge of their respective trusts.

And he it further enacted^

[Sect. 3.] That the aforesaid sum of thirtj-'five thousand and seven Money bor-
hundred pounds, when received into the treasury, shall be issued in the j^°^'''*'i:''.j^ '**
manner and for the purposes following ; that is to sa}-, the sum of one
thousand pounds, part of the aforesaid sum of thirty-five thousand and
seven hundred pounds, shall be applied for eompleating the payment of
the forces in the 3'ear one thousand seven hundred and sixty ; and the
further sum of eight thousand pounds, part of the aforesaid sum of
thirty-five thousand and seven hundred pounds, shall be applied for
eompleating the paj-ment of the forces in the year one thousand seven
hundred and sixty-one ; and the further sum of five thousand pounds,
part of the aforesaid sum of thirty-five thousand and seven hundred
pounds, shall be applied for the pajment of the expences of the several
forts and garrisons within this province ; and the further sum of one
thousand five hundred pounds, part of the aforesaid sum of thirty-five
thousand and seven hundred pounds, shall be applied for purchasing
provisions and the commissary's disbursements for the service of the
several forts and garrisons within this province ; and the further sum
of six thousand pounds, part of the aforesaid sum of thirty-five thou-
sand and seven hundred pounds, shall be applied for the payment of the
grants made or to be made b}- this court ; and the further sum of three
thousand five hundred pounds, part of the aforesaid smn of thirty-five
thousand and seven hundred pounds, shall be applied for the discharge
of debts owing from this province to persons that have served or shall
serv'C them, b}' order of this court, in such matters and things where
there is no establishment nor any certain sum assigned them for that

580

Peovtntce Laws. — 1762-63.

[Chap. 0.]

Preamble.

Tax of £39,084,
gi anted in 1763.

Rule for appor-
Honing tUo tus,
.» <'asu no tax
act Bhnll be
agreed on.

purpose, and for paper, writing and printing, for this court, and re-
pairs of the province-house, court-liouse, ligbt-lioasc, wood at Castle
William, and repairs of fortifications within this province ; and the
further sum of four thousand five hundred pounds, part of the aforesaid
sum of thirty-five thousand and seven hundred pounds, shall be api)lied
for the payment of his majesty's council and house of representatives
serving in the great and genei'al court during the several sessions of the
present year ; and the further sum of six thousand pounds, part of the
aforesaid sum of thirty-five thousand and seven hundred pounds, shall
be applied for the payment of the charge of maintaining armed vessels
of war belonging to this province ; and the further sum of two hundred
pounds, being the remainder of the said sum of thirty-five thousand and
seven hundred pounds, shall be applied to j)ay such contingent and un-
forscen charges as may arise, and for no other purpose whatsoever.

And in order to draw said monc}- into the treasury again, and enable
the treasurer effectuality to discharge the receipts and obligations (with
the interest that may be due thereon) b}' him given in pursuance of this
act, —

Be it enacted,

[Sect. 4.] That there be and hereby is granted unto his most ex-
cellent majest}' a tax of thirty-nine thousand nine hundred and eighty-
four pounds, to be levied on polls, and estates both real and personal,
within this province, according to such rules, and in such proportions
on the several towns and districts within this province, as shall be
agreed on and ordered by the general court or assembly, at their sessions
in June, one thousand seven hundred and sixty-three, and to be paid
into the pul>lic treasur3' on or before the thirt3'-first day of March, A.D.,
one thousand seven hundred and sixty-four, then next after.

And be it farther enacted, *

[Sect. 5.] That if the general court, at their sessions in May, one
thousand seven hundred and sixty-three, and some time before the
twentieth day of June, in said year, shall not agree and conclude upon
an act apportioning the sums which by this act are engaged to be paid
in said year, ai)portioned, assessed and levied, then ancl in such case
each town and district within this province shall pay. by a tax to be
levied on the polls, and estates both real and personal, within their lim-
its, the same proportion of the said sum as the said towns and districts
were taxed by the general court, in the tax act then last iirececding.

[Sect. 6.] And the province treasurer is hereby fully impowered
and directed, some time in said month of June, in the same year, one
thousand seven hundred and sixty-three, to issue and send forth his war-
rants, directed to the assessors or selectmen of each town and district
within this province, reciuiring them to assess the polls, and estates
both real and personal, within tlu'ir several towns and distriels, for their
respective parts and proportions of the sums before directed and en-
gaged to be assessed, to be paid into the treasury on the aCorementioned
time ; and the assessors, as also persons assessed, shall observe, be gov-
erned by, ami subject to, all such rules and directions as shall have
been given in llu; last preceetling tax act.

And be it furtlier enacted,

[Sect. 7.] That the treasurer pay the sum of (hirty-five thousand
and seven hundred jwunds, out of such appropriations as shall l>e di-
rected In- warrant, and no otlicr ; and the secretary to whom it belongs
to keep the muster-rolls and accounts of charge shall lay before the
liouse of representatives, when the}' direct, such muster-rolls and ac-
counts, after payment thereof.

Provided, nhcaj/s, —

[Sect. 8.] That the remainder of the sum which shall be brouglit

[1st Sess.]

Province Laws.— 1762-G3.

581

into the trcasur}' b}'^ the taxes ordered by this act to lie assessed and
levied, over and above what shall be suUicient to diselmrge the notes
and obligations aforesaid, shall be and remain as a stock in the treas-
ury, to be applied as the general court of this province shall hereafter
order, and to no other purpose whatsoever. [^Passed and x)^i>lished
June 12.

CIIAPTEK 10.

AN ACT TO IMPOWER THE RROVINCE TREASURER TO DRAW BILLS
OF EXCHANGE UPON THE AGENT OF THE PROVINCE IN GREAT
BRITAIN.

WiiKRKAS the parliament of Great Britain has made a grant of two
hundred thousand pounds sterling, to enable his majest}' to recompence
his northern colonies in America, for their military services in the j'car
one thousand seven hundred and sixty, a proportion of which grant, it
is humbly expected, will be assigned this province, —

Be it enacted hy the Governor^ Council and House of Representatives,
[Sect. 1.] That the province treasurer be and he hereby is im-
powered and directed to draw bills of exchange on Jasper Mauduit,
Esq., agent for said province in Great Britain, or, in case of his being
prevented by death, absence or an}- other way, on Richard Jackson,
junior. Esquire, for a sura not exceeding fifty-five thousand pounds ;
and the said bills shall be drawn on the following conditions ; viz., that
for every hundred pounds sterling for which such bills shall be drawn,
one hundred and thirty-eight pounds lawful money, of this province,
shall be paid into the province treasury; that such bills shall be drawn,
paj-able to the persons purchasing the same, or to their order, at thirty
da3-s* sight ; but if the province agent, or, in case of his being prevented
b}' death, absence or any other way, Richard Jackson, junior. Esquire,
at the expiration of the thirfy daj-s, shall not have received the prov-
ince's proportion of the grant aforesaid, then interest shall be allowed,
from the expiration of said thirty days, at the rate of six per cent per
annum, until paid : and such bills shall not be protested until twelve
months shall be expired from their respective dates ; and in case of their
being returned protested, after the expiration of said twelve months, the
province treasurer shall repay the sums received into the treasury for
such bills, with lawful interest from their respective dates, but shall not
be liable to pa}' any cost or damages on account of the protesting such
bills : said bills to be of the form following ; viz., —

rreambl-!

Province treas-
urer empowered
to draw bills of
exchange on the
agent, (or a kuiu
not cxceeilinii
£55,0UU, on eer-
tain condition.s.

sterling. (No. ), Boston,

, 1762.

Exchange for £
Sir,

At thirty days* sight of this my first per exchange (second, third and fourth
of the same tenor and date, unpaid), pay unto , or order,

pounds sterling, for value recieved, and charge it to the
province of the Massachusetts Bay; but if it is not paid at said thirty days'
sight, then jiay interest on that sum, from the expiration of said thirty days
\mtil paid, at the rate of six pounds per cent per annum; and if this bill and
interest is not paid in one year from the date hereof, I hereby oblige my.'^elf,
and successors in the office of treasurer of the province of the [Massachusetts
Bay, to pay said bill, with interest from the date of it, at the above rate, until
]iaid, when it shall be returned with a protest into the office aforesaid, but no
other charges or damages: provided, that, if payment shall not be demanded
within six months after the date of said protest, the interest shall, from that
time, determine and cease.

II. G., Province Treasurer.

To Jasper Mauduit, Esq., agent for the province of the Massachusetts Bay,
in London, or. in case of his death, absence, or refu.sa! of said trust, to Kicliard
Jackson, jim., Esquire.

Form of tl:c bill
of exchange.

582

Peovince Laws. — 1762-G3.

[CllAP. 11. J

TreaBurer to
prepare a roll
for receiving
BubscriptioDS,
&c.

No person to
subscribe for
more than
£1,000, or less
than £100.

If the sum eub-
scribcd for be
not paid into the
treasury in ten
days after notice
given, other
Hubsoribersraay
be admitted.

And be it further enacted,

[Sect. 2.] That tlic province treasurer shall and he hereb}- is
directed to prepare, forthwith, a roll for receiving subscriptions for the
bills aforesaid, of which he shall give publick notice, that all persons in-
clining mav become subscribers. And the said subscription-roll shall
lie open to be subscribed until the first day of July, one thousand seven
hundred and sixty-two ; at which time, it a greater sum than fifty-Qve
thousand pounds, aforesaid, shall be subscribed, each subscriber shall
be entituled to such a part of said proportion, in bills, as his particular
subscription shall bear to the whole sum subscribed.

Provided, always, —

[Sect. 3.] That no person shall be permitted to subscribe for more
than one thousand pounds, sterling, or less than one hundred pounds,
sterling ; nor shall an}- persons be admitted to sul)scribe. but such as arc
inhabitants of this province, until the said first da}- of July next, when,
if the sum subscribed shall appear to be less tiian the fifty-live thousand
pounds aforesaid, any persons whatsoever shall be allowed to become
subscribers for the remainder, and in such sums as the}- may think
proper, preference being given to the inhabitants of this province.

Altd be it further enacted,

[Sect. 4.] That if the sums subscribed, as aforesaid, shall not bo
paid into the province treasury within ten days after public notice, given
1)}- the treasurer in the Boston Monday's newspapers, that he is ready
to draw the bills as aforesaid, then he shall allow any person or persons
whatsoever to become subscribers, in room of those who shall neglect to
I)ay their subscriptions until the expiration of the ten days aforesaid ;
and such new subscriber* sliall be intitled to such bills upon their
paying for them at the rate aforesaid. [^Passed and published June 12.

CHAPTER 11.

AN ACT TO REVIVE AND CARRY INTO EXECUTION AN ACT, MADE
IN THE THIRTY-THIRD YEAR OF THE REIGN OF IIIS LATE MAJESTY
GEORGE THE SECOND, INTIT[f/]LED " AN ACT FOR RAISING A SUM OF
MONEY BY LOTTERY, FOR DRAWING IN SUCH OF THE NOTES OR
BILLS OF THE LATE LAND-B.VNK OR MANUFACTORY COMPANY, AS
ARE YET OUTSTANDING."

Preamble.
1769-00, chap.
25.

WiiEiJEAS, in and liy an act made in the thirty-third year of the reign
of his late majesty (ieorge the Second, intit['/]led. "An Act for raising
a sum of money I»y lottery, for drawing in such of the notes or bills of
the late Laiid-JJank or ."Maiiiifaetor} Company, as are yet outstanding,"
Messieurs Joshua Ilensiiaw, Joseph Jackson, Thomas Cushing, Samuel
Ilewes, John ScoUay, Benjamin Austin and Andrew Oliver, jun'''. ,
or any three of them, were [e][/]mpowered to raise the sum of three
thousand five hundre(l pounds by a lottery or lotteries, for the jnirposes
tlu'iein mentioned, wiiieh lottery or lotteries were to be wholly com-
pleatcd and liiiislied within eighteen months from the first day of March,
in the year of oiir Loid one thousand seven hundred and sixty; and
tvhereas the said Josliua llenshaw, Jost^ph Jackson, Thomas Cushing,
Samuel Ilewes, John Scollay, Benjamin Austin and Andrew Oliver,
jnn'''., in pursuance of said act, have caused to be drawn two classes
of the said lottery, and have also issued tickets for a third class (the
greatest part of the tickets whereof have been sold and disposed of),
but have been unavoid.ibly prevented drawing the said third class

ibJc.

[1st Si:ss.]

Pkovince Laws.— 17G2-G3.

583

within the time limited by law for coinpleatiiig the same, which failuro
must occasion great trouble and confusion, and will be of considerable
detriment to the late Land-Bank or IManufactor}' Compan}', unless pro-
vide<l against b}- law ; for remed}' thereof, —

Be it enacted hu the G^oi'er/io[u]r, Council and Ilouse of Repre-
sentatives.

[.Sect. 1.] That the said Joshua Ilenshaw, Joseph Jackson, Thomas Managers
Cushing, Samuel Ilewes, John ScoUav, Benjamin Austin and Andrew tmpowere

fw • fri 1 .. , 1 "i 1. -1 -1 proceed.

Oliver, juu'"^-'., or any three ol them, shall and may draw, or cause to
be drawn, the said third class of the said lottery, and compleat the
same according to the said act and the true intent and meaning
thereof, notwithstanding the time for compleuling and lluishing the
same is expired.

Provided, nevertheless, — ,

[Sect. 2.] That the said lottery shall be compleated and finished
ou or before the first day of December next ensuing. [^Passed June 12.*

d lo

CHAPTEE 12.

AN ACT FOR APPORTIONING AND ASSESSING THE SUM OF SEVENTY-
FIVE THOUSAND POUNDS; ALSO FOR APPORTIONING AND ASSESSING
A TAX OF THREE THOUSAND TWO HUNDRED AND SIXTY-FOUR
POUNDS FIFTEEN SHILLINGS, PAID THE REPRESENTATIVES FOR
THEIR TRAVEL, SERVICE AND ATTENDANCE IN THE GENERAL
COURT IN THE YEAR ONE THOUSAND SEVEN HUNDRED AND SIXTY-
ONE; ALSO FOR APPORTIONING AND ASSESSING A TAX OF ONE
HUNDRED AND FIFTY-ONE POUNDS THIRTEEN SHILLINGS, FOR
FINES LAID UPON TOWNS THAT HAVE NOT SENT ANY PERSONS TO
REPRESENT THEM IN THE GENERAL COURT THE PRESENT YEAR;
AND ALSO FOR ASSESSING THE T0^^^^ OF PRINCETOWN, FOR THE
SUM OF THIRTY-ONE POUNDS ONE SHILLING AND SEVENPENCE
BEING SO MUCH ORDERED BY THE GENERAL COURT TO BE ADDED
TO THEIR TAX THE PRESENT YEAR, OVER AND ABOVE THEIR
PROPORTION OF WHAT IS LAID ON SAID TOWN: ALL WHICH SUMS
AMOUNT TO SEVENTY-EIGHT THOUSAND FOUR HUNDRED AND
FORTY-SEVEN POUNDS NINE SHILLINGS AND SEVENPENCE.

Whereas the great and general court or assembly of this province 1759-60, chap. 8,
did, in their session in October, one thousand seven hundred and fifty- §■*•
nine, levy a tax of one hundred thousand pounds ; and also at their ses-
sion in May, one thousand seven hundred and sixt3'-oue, did lev}' a 1761-62, chap,
further tax of forty-one thousand pounds; and at the same session, l)y lo, §3.
one other act, did lev}- a further tax of fift3"-five thousand pounds; 1761-62, cb:ip. 4,
amounting in the whole to one hundred and ninety-six thousand pounds : §<^-
and, b}' the aforesaid acts, provision was made that the great and
general court, at this present session, might apportion the same ou the
several towns, districts, parishes and places within this province, if
thej' thought fit ; but inasmuch as such a heav}- tax will be insupport-
able to the inhabitants of the province, under their present distressed
circumstances, and as the Parliament of Great Britain have been gra-
ciousl}' pleased to make a grant to the colonies, of two hundred thousand
pounds, sterling, to recompence them for their services and expcnces
in the expedition for the year one thousand seven hundred and sixty,
and have also made a further grant to the colonies of the sura of one
hundred and thirty-three thousand three hundred and tiiirty-tliree

•Signed June 16, according to the record.

584 PROVINCE Laws.— 1762-63. [Chap. 12.]

pounds six shillings and eightpence, sterling, to recompence thorn for
their services and expenees in the expedition for the year one thousand
seven hundred and sixtj'-one ; which monies, when drawn for by the
province, or otherwise received into the treasury, with the tax of sev-
, enty-five thousand pounds agreed to be assessed and levied this year,

will be sufficient to redeem the government securities, with the interest
that will become due in June next, — which the treasurer is hereby
directed and impowered to apply to that purpose when the same shall
be received into the trcasur}-, and for no other pui-pose whatsoever ;
wherefore, for the ordering, directing and effectual drawing in the said
sum of seventy-eight thousand four hundred and forty-seven pounds
nine shillings and sevenpence, we, his majesty's most loyal and dutiful
subjects, the representatives in general court assembled, pray that it
may be enacted, —

And be it accordinghj enacted by the Governor^ Council and House of
Representatives,

[Sect. 1.] That each town, district, parish or other place within
this province, be assessed and pa}', as such town, district, parish and
place's proportion of the sum of seventy-eight thousand four hundred
and fort3'-seven pounds nine shillings and sevenpence, the several sums
following ; that is to say, —

[1st Sess.]

Provestce Laws. — 1762-63.

585

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586

PiiOViNCE Laws.— 1762-63. [Chap. 12.]

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le pounds eight shillings and threepence,
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[1st Sess.]

Province Laws. — 1762-63.

5«7

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588

Province Laws. — 17G2-63. [CHAr. 12.]

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Province Latvs. — 1702-63.

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,96 Provixce Laws.— 1762-63. [Chap. 12.]

Ayid be it furtlie.r enacted,
Rules for [Sect. 2.] That the treasurer do forthwith send out his warrants,

directed to the selectmen or assessors of cacli town, district, parish or
other place within this province, that are taxed, requiring them, respec-
tively, to assess the sum liereby set upon such town, district, parisli or
other place, in manner following ; that is to say. to assess all rateable
polls, above the age of sixteen 3'ears, within their respective towns,
districts, parishes or other places, or next adjoining to them, belong-
ing to no other town or place, at ten shillings per poll, and proportion-
ably in assessing the tines mentioned in this act, and the additional sum
received out of the treasury, for the payment of representatives (cx-
cei)ting the governor, lieutenant-governor, and tiieir families, the presi-
dent, fellows, professors, Ilelirew instructor and students of Harvard
College, settled ministers, and grammar-school masters, who are here-
by exempted as well from being taxed for their i)olls, as their estates
being in their own hands, and under their actual management and im-
provement ; as also the estate pertaining to Harvard College) ; and oilier
persons, if such there be, who, through age, infirmity or extreme i)ov-
erty, in the judgment of the assessors, are not al)le to pay towanls
public charges, the}' may exempt their polls, or abate part of what
they are set at, as, in their prudence they shall think lit and judge
meet.

[Sect. 3.] And the justices in their general sessions, in the respec-
tive counties assembled, in granting a county tax or assessment, are
hereby ordered and directed to apportion the same on the several
towns, districts, parishes and other places in such county, in propor-
tion to their province rate ; and the assessors of each town in the prov-
ince are also directed, in making an assessment, to govern themselves
by the same rule ; and the incomes of all estates, both real and per-
sonal, lying with * the limits of such town, district, parish or other
place, or next unto the same, not paying elsewhere, in whose hands,
tenure, occupation or possession the same is or sliall be found, and
also the incomes or profits which any person or persons, except as bc-
ibre excepted, do or shall receive from any trade, facult}', business or
employment whatsoever, and all profits which shall or may arise by
mone}^ or commissions of profit, in their improvement, according f
their understanding or cunning, at twclvepence per pound; and to
abate or multi|)ly the same, if need be, so as to make up tlie sum set
and ordered hereby for each town, district, parish or other place to
pay ; and in making their assessment, to estimate iiouscs and lands at
six years' yearly' rent whereat the same may be reasonably set or let
for in tiie place where they lye : saving all contracts between landloid
ami tenant, and, where no contract is, the landlord to re-iml)urse one-
lialfof the tax set upon such houses and lantls ; ami to estimate negro,
Indian and moUalto servants proi>ortiona1)ly as otlier i)ersonal estate,
according to tlicir sound judgment and discretion ; as also to es(im:ite
every ox of lour years old and upwards, at forty shillings ; and every
cow or heifer of three ^-ears old and upwards, at thirty shiUings ; and
every horse and mare of three years old and upwards, at forty shil-
lings ; and every swine of one year old and upwards, at eigiit slnlliiigs ;
goats and sheep of one year okl, at three shillings each ; the seveial
creatures al)ove mentioned, to bo taxed to tlieir respective owners or
occupants. l»y the asscss(jrs of the towns in whicli the owners or occu-
piers dwell : likewise requiring the said assessors to make a fair list of
saiil assessment, selling forth, in distinct columns, against each parlicu-
lar person's name, how much he or siie is assessed at for [lolls, ami

* Sic: witliiii.

t "to" evidently omitted.

[1st Skss.]. Province Laws.— 17G2-G3. . 597

how much for" houses and lands, and how much for personal estate,
anil income by trade or faculty, and if as guanlians, or for any es-
tate, in his or her improvement, in trust, to be distinctly expressed ;
and the list or lists so i)erfccted, and signed by them, or the major part
of theui, to commit to the collector, constable or constal»les of any
such town, district, parish or i)lace, and to return a certificate of the
name or names of such collector, constable or constables, with the sum
total to each of them committed, unto himself, some time before the
last daj' of November next.

[8i:cT. 4.] And the treasurer for the time being, upon receipt of
such certificate, is hereb}- impowered and ordered to issue forth his
warrants to the collector, or constable or constables of such town, dis-
trict, parish or place, requiring him or them, respectively, to collect the
whole of each res[)ective sum assessed on each particular jjcrson. and
to pay in theu* collection, and issue their accouii)ts of tiie whole, at or
before the thirty-lirst day of March, which will be in the year tf our
Lord one thousand seven hundred aud sixty-three.

And be it farther enacted,

[Sect. 5.] That the assessors of each town, district, parish or i„i,:,ijitant8 to
other place, respectively, in convenient time before their making of bring in u true
the assessment, shall give seasonable warning to the inhabitants, in a poiil', cBtiite,&t!.
town-meeting, or by posting ui) notifications in some place or places in
such town, district, parish or place, or notify the inhabitants some
other wa}' to give or bring in to the assessors true and perfect lists of
their polls, rateable estate, and income b}^ trade or faculty, and gain
by money at interest, which they are to render to the assessors ou oath,
if requii-ed ; and if they refuse to give in an account of the money at
interest, on oath, the assessors are impowered to doom them ; and if
any person or persons shall neglect or refuse so to do, or bring in a
false list, it shall be lawful to and for the assessors to assess such i)er-
son or persons, according to their known ability in such town, in their
sound judgment and discretion, theii" due proportion of this tax, as
near as they can, agreeable to the rules herein given, under the ijen-
alty of twenty shillings for each person that shall be con\icted by legal
proof, in the judgment of said assessors, in bringing in a false list ; the
siFid lines to be for the use of the poor of such town, district, parish or
place where the delinquent lives, to be levied by warrant from the
assessors, directed to the collectors or constables, in manner as is
directed for gathering the town assessments, to be paid in to the town,
district or parish treasurer for the use aforesaid : saving to the party
aggrieved at the judgment of the assessors in setting forth such fine,
liberty of appeal therefrom to the court of general sessions of the
peace within the county, for relief as in the case of being overrated.
And if any person or persons shall not bring in a list of their estates
as aforesaid to the assessors, he or they so neglecting shall not be
admitted to make application to the court of general sessions, for any
alnitcment of the assessment laid on him or them.

[Sect. 6.] And if the person be not convicted of an}- falsene.ss in
the list, by him presented, of the polls, rateable estate, or income by
trade or faculty, business or employment, which he does or shall exer-
cise, or in gain by monc}' at interest or otherwise, or other estate not
particularly assessed, such list shall be a rule for such person's propor-
tion to the tax, which the assessors may not exceed.

And forasmuch as. oftentimes, sundry persons, not belonging to this
province, bring considerable trade and merchandize, and by reason that
the tax or rate of the town where they come to is finished and delivered
to the constable or collectors, and. before the next year's assessment,
are gone out of the province, and so pay nothing towards the supfwrt

598

PROVINCE Laws.— 1TG2-63.

[CuAP. 12.]

Transient
traders to be
rated.

Merchants to be
rated for carry-
ins; oil trade in
any town be-
Kides where
they dwell.

Selectmen to
transmit the list
of such persons
before they are
rated.

Inhabitants of
IJoMton who re-
move out. of
town and return
in a year, to pay
their tax in said
town.

'I'reasurer em-
powered to
(MHiie a furllier
warrant for an
anHeHsmcnt, in
case, &c.

of the goveiiiment, llioii<2:li, in the time of their residing here, thev reaped
considerable gain l)y trade, and had the protection of the government, —
Be it therefore enacted,

[.Sect. 7.] Tliat when an}' person or persons shall come and reside
in any town within this province, and bring any merchandize, or trade,
to deal therewith, the assessors of such town are hereb}- impowered
to rate and assess all such persons, according to their circumstances,
pursuant to the rules and directions of this act provided, though the
former rate may have been finished, aiul a new one not perfected, as
aforesaid.

And he it further enacted,

[Sect. 8.] That when any merchant, trader or factor, shall set up
a store, and trafflck, or caiTV on any trade or business, in any tuwn
within this province, not being an inhabitant of such town, the assess-
ors of such town where such trade and business shall Ije carried on
as aforesaid, be and hereby are impowered to rate and assess all such
merchants, traders and factors, their goods and merchandizes, for cai--
rying on such trade and business and exercising their faculty in such
town, pursuant to the rules and directions of this act : prorided, before
any such assessors shall rate such persons, as aforementioned, the select-
men of the town where such trade is carried on shall transmit a list
of such pei-sons as they shall judge may and ought to be rated, within
the intent of this act, to the assessors of such town or district.

[Sect. 9.] And the constables or collectors are hereby enjoined to
levy and collect all such sums committed to them, and assessed on
persons who are not of this pi'ovince, or are residents in other towns
than those where they carry on their trade, and pay the same.

And lohereas it has been the practice of some of the inhabitants of
the town of Boston to remove to some other town in this province,
and there resiile for some months, to avoid paying their part of the
taxes in the town of Boston, to which they really belong, to the great
injur}' of said town, —
Be it therefore enacted,

[SiXT. 10.] That when any inhabitant of the town of Boston shall
remove to any other town in this province, and shall, in one 3'ear after,
remove back to said Boston, and shall have been taxed in said town,
he shall be subject to pay said taxes, in like manner as he would have
I»cen had he not have removed from said Boston {savinfj so much as
he shall be taxed in the town removal to), anything in this act to the
contrary notwithstanding.
And be it farther enacted,

[Sect. 11.] That if the treasurer shall not receive so much of the
several i)arliamentaiy grants by this act ai)i)i-opriated for the redemp-
tion of the tieasurer's notes that shall become due in June next,
and tii(! genei-al court shall not otherwise i)i-ovide for the redemption
ol' said notes on or befoie the twi'utieth day of Januaiy next, then,
and in that case, he sliall issue forth his warrants, diiected to the
selectmen or assessors in each of the towns and districts within this
province, re(jiiiiiiig them to assess the ik)11s, and estates both real and
personal, within tlii'ir several towns and districts, for their resijcetivc
part and pi'o[)urtion of whatever sums shall be wanting of the said
parliameiitai-y grants, for the purpose afoiesaid, to be paid into the
publiek tieasury Ity the thirty-fii'st day of jNlaich, one thousand seven
liundied and sixty-three ; and the assessors, as also all persons assessed,
sliall ob.serve, l)e governed by, and subject to, all such rules and direc-
tions as shall have been given in the then last prececding tax act.
\_PassHd June V2.*

* Signed Juno 15, according to the reoozd.

[1st Sess.] PnoviNcii J^aws. — 17G2-G3.

CHAPTER 13.

AN ACT IN ADDITION TO THE SEVERAL ACTS MADE TO PREVENT
DAMAGE BY FIRE IN TUE TOWN OF BOSTON.

WiiEREAS great damage has arisen from fire which has began in bake-
houses, and spread to the biiiKliiigs adjacent, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That from and after the publication of this act, it sluill
not be lawful for an}' person to occup}' or iiu[)rove an}' tcncuiciit or
building, whatsoever, in any part of the town of Boston, fur the Itusinoss
or employment of baking of bread, for sale, other th[e][(^]n such as are
now occupied and improved for that use, unless in such parts of the town
as the justices of the peace and selectmen of the said town, or the major
part of both, shall determine convenient, — such determination to be
certified under their hands ; and if any person shall offend against this
act, he shall forfeit antl pay the sum of forty pounds for ever}' six
months, (and so in proportion for a greater or lesser time), he shall
so occupy or improve any tenement or building that shall not be
licen[s][o]ed or allowed, as aforesaid, other than such as are now oc-
cupied or im[)roved for that use ; one half tliereof to be paid for the use
of the poor of the town of Boston, the other half to him or them that
shall inform and sue for the same : to be recovered before the court of
general sessions of the peace for the county of Suffolk.

[Sect. 2.] This act to continue in force until[l] the thirtieth day of
January, one thousand seven hundred and seventy-one, and no longer.
[Passed June 15.*

* Published Jane 12, acconling to the printed acts.

51)1)

Preamble.
WJl-'Si, ch. 1:5.
1711-12, cli. 5.
174S-t"J, cli. H.
17.V.t-00, cli. ao.
17(i(J-Gl, chaps.
9 and 32.
15!ik('-liou«es lo
be liceiibeU.

Penalty for
improving KUch
without licentju.

Continuance of
the act.

600

TiioviNCE Laws.— 1762-63.

[Chap. 14.]

ACTS

Passed at the Session begun and held at Boston,
ON the Eighth day of September, A.D. 1762.

CHAPTER 14.

Preamble.

IJowdoinham
bounds.

Town privl-

'rownmoe'tlng
U) bo nutlflod.

AN ACT FOR INCORPORATING A CERTAIN TRACT OF LAND IN THE
COUNTY OF LINCOLN, INTO A TOWNSHIP BY THE NAME OF BOW
DOINHAM.

Whereas the inhabitants of a certain tract of h\nd, lying on the west
side of Kcnnebcc[^] River, in the county of Lincoln, are des[«rou6'*] of
enjoj'ing the privile[fZ]ges that will arise to thera In' being incorporated
into a town, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the tract of land aforesaid, butted and bounded as
follows; v[?2.*], beginning upon Keiniel)ec[A] River, on the northerl}'
line of a lot of land containing thirty-two hundred acres, being lot
number four, granted [6// tJie*^ proprietors of the Kennebec[A'] pur-
chase from the late colony of New Plymouth, to William Bowdoin. Esq.,
— the line aforesaid being about four miles [a^ove*]. or to tlie northward
of, a point of land called Aliagadusset Point, which makes the most
northerly part of Merrymeeting Bay, in said river, and \^ivJtere*'] said
bay begins on tliat side; from thence ; viz'*'., from the river aforesaid,
where said line strikes it, to run a west-north-west course, upon the
nl^ortherb/*^ line of the lot aforesaid, five miles ; and from the end of
said five miles, to run a soutii-soutli-west coui'se 'till it shall strike a line
running, from [///e .sou^/;-*] westerly end of Brick Island, a west-north-
west course into the land (this line being the soutlierly line of a tract of
land granted l»y the jjroprietors aforesaid to James Bowdoin, Esq'''.) ; and
from thence, running an east-south-east course, upon the last-mentioned
line, to tlic south-westerly end of tlie island, albresaid, wliich l[y]['']es
in Merrymeeting Bay, and [co«*]tains about ten acres, more or less;
and from thence, running (including said island) to Abagadusset Point
albresaid ; and from thence, up tlic river albresaid, to the line first men-
tioned,— be and liereby is erected intf) a township by tlie name of Bow-
doinham ; and tliat the iniial)itants tiiereof be and hereby are investeil
with all the powers, privile[fZ]ges and immunities which the inhabitants
of the towns within this province respectively do, or by law ought to,
enjoy.

And be it farther enacted,

[Sect. 2.] That William Lithgow, Esq., be and he hereby is im-
powered to issue his warrant, directed to some principal inlial>itant in
said township, to notify and warn the inhaiiitants in said township,
qualified by law to vote in town alfairs, to meet at such time and place

* Parchiuont mutilated.

[2d Sess.]

Pkovince Laws. — 1702-G3.

601

as shall be therein set forth, to choose all such officers as shall be neces-
sary to manage the alfairs of said township. [^Passed and published
September 18.

South Criinneld
bounds.

CHAPTER 15.

AN ACT FOR ERECTING THE SOUTH PART OF BRIMFIELD, IN THE
COUNTY OF HAMPSHIRE, INTO A DISTRICT BY THE NAME OF SOUTH
BRIMFIELD.

Whereas the inhabitants of the south part of Brimfield, in the county Preamble
of Hampshire, have represented to this court the great difficulties antl
inconveniences they labour under in their present situation, and have
earnestl}- requested that they may be incorporated into a district, —

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

[Sect. 1.] That the said south part of Brimfield, bounded as fol-
lows ; viz^'^., beginning with the first bounds, in tlie colony line, at the
south-west corner of Sturbridge, being the south-cast corner of Brim-
field ; from thence, to run first, north, in tlie line between said Brimfield
and Sturbridge, to the north line of the farm called AVinthrop's farm,
being four miles ; thence, to run west, about eight degrees north, in tlie
north line of said farm, to the north-w'est corner thereof, and so to ex-
tend, the same course, or a parallel line with the colony line, to the east
line of Monsoii district, being about six miles and an half; then, to turn
and run south, in the line between said Brimfield and Monson, to the
colon}' line, being four miles ; and from thence, in said colony hue, to the
first mentioned boundaiy, — be and is herebj- incorporated into a distinct
and seperate district by the name of South Brimfield ; and that the
said district be and hereby is invested with all the priviledges, powers
and immunities, that towns in this province do and by law may enjoy,
that of sending a representative to the general assembly only excepted ;
and that the inhabitants of said district shall have full power and right,
from time to time, to join with the town of Brimfield in the choice of
a representative or representatives ; in which choice they shall enju}'
all the priviledges which the inhabitants of the several towns within this
l)rovince are intit[?t]led to; and that the selectmen of the town of
Brimfield, as often as the}- shall call a meeting for the choice of a rep-
resentative, shall give seasonable notice to the clerk of said district,
for the time being, of the time and place of said meeting, to the end
that the said district may join them therein ; and the clerk of said
district shall set up, in some public[A"] place in said district, a notifi-
cation thereof accordingh- : which representatives may be chosen
indiflferentl}' from said town or district ; the pay and allowance to be
born by said town and district and the district of Mouson, in pro-
portion as the}- shall, from time to time, pay to the province tax.

Provided, nevertheless, —

And be it further enacted,

[Sect. 2.] That the said district shall pay their proportion of all
town, county and i)rovince taxes, already set on, or granted to be raised
by, said town of Brimlield, as if this act had not been made.

And be it further enacted,

[Sect. 3.] That Josiah Dwiglit, Esq^''., be and hereby is [e][("]ni-
powered to issue his warrant, directed to some principal inlial)il:uiL in
said district, requiring him to notify and warn the inhabitants of said
district, qualified by law to vote in town affairs, to meet at such time
and place as shall be therein set forth, to chuse all such officers as shall
be neceasary to man [n J age the affairs of said district. [^Passed and
published September 18.

To join with
Brimfield in
choosing rcpro-
scntalivus.

District-meeting
to be nulificd.

G02

PiiOVLNUE Laws. — 1762-03.

[Chap. 16.]

ACTS

Passed at the Session begun and held at Boston,
ON the Twelfth day of January, A.D. 1763.

CHAPTER 16.

AN ACT TO SUPPLY THE TREASURY WITH THE SUM OF FORTY-FIVE

THOUSAND POUNDS.

Preamble. WnEREAS no provision is made by this court to pay off the forces

employed by this government for their services in the year one thou-
sand seven hundred and sixty-two, under the command of Cieneral
Amherst ; and a further sum is necessary to pay off the forces that
were employed by this government in the year one thousand seven
hundred and sixty-one, who continued in the service over the whiter
following, under the command of the aforesaid general ; and a further
sum is also necessary to defrey the common charges of government to
May next : therefore, to support the faith and credit of the government,
and to defrey the charges aforesaid, —

Be it enacted hy the Governor, Council and House of Representa-
tives.

[Sect. 1.] That the treasurer be and he hereby is directed and

powered to bor- empowered to borrow, of such persons as shall appear read}' to lend, a

row £45,000. ^^^^^ ^^^^^ exceeding forty-five thousand pounds ; and for every such sum

so borrowed the treasurer shall give his receipt or obligation in tlie

form following ; ■sdz^'^., —

Form of trcas-
urur'ii reci;ii)t.

174'.l-50, cliiip.
10.

Province of the Massachusetts Bay, the day of , A. D. 176 .

Borrowed and received of the sum of , for the use and ser-

vice of tiie province of the Massachusetts Bay; and, in behalf of said prov-
ince, I do hereby promise and oblige myself and successors in the office of
treasurer to repay to the said or to his order, on the twentieth day

of June, A. 1). one thousand seven hundred and sixty-six, tlie aforesaid sum
of , in Spanish nnll'd dollars at six shillinc:s each, or in the several

species of coined silver and ^old eiiunieratiHl in an act. made and passed in
the twenty-third year of liia late majesty Kini,' (leorLTe the Second, intituled
"An Act for asei-rtaiiunj:^ the rates at which coined silver and j^old, Kn,c:lisli
hairpi'nce and farthiii,i,^s, may pass within this government," and according
to the rates therein mentioned, with interest, annually, at six per cent.

Witness my hand,
A. B.,^
C. D., >- Committee.
E. F.,i

n. G., Treasurer.

— and no receipt or obligation shall be given for a less sum than six
pounds.

[Skct. 2.] And the tronsurer, in issuing said recei[p]ts or obliga-
tions, and the coniniittoc cho-son to countersign them, shall observe
and be governed by the rules and directions given them by an act of

[3d Sess.]

Pkovince Laws.— 17G2-G3.

603

this province, made in the second year of his present ni:ijesty's rei.i>n,
intituled "An Act to supply the treasury with the sum oi' twenty-live
thousand pounds."

And be it farther enacted,

[Skct. 3.] That the said forty-five thousand pounds, when received
into the treasury, shall be issued in tlie manner and for the pur[)Oses
following ; that is to say, tlu-ee thousand pounds, i)art of the aforesaid
sum of forty-five tliousand pounds, shall be applied for the compleat-
ing tlie payment of the forces in the year one thousand seven hundred
and sixty-one ; and the further sum of forty thousand pounds, part of
the aforesaid sum of forty-five thousand pounds, shall be applied for
the payment of the forces for their service in the year one thousand
seven hundred and sixty-two ; and the remaining sum of two thousand
pounds, part of the aforesaid sum of forty-five thousand pounds, shall
be applied for the payment of [the] grants made or to be made by
this court.

And in order to draw said money into the treasury again, and enal)le
the treasurer eflTectuall}' to discharge the receipts and obligations (with
the interest that may be due thereon) by him given in pursuance of
this act, —

Be it enacted,

[Sect. 4.] That there be and hereby is granted unto his most ex-
cellent majesty a tax of fil"ty-four thousand pounds, to be IcAicd on
polls, and estates both real and personal within tliis province, accord-
ing to such rules, and in such proportions on the several towns and dis-
tricts within this province as shall be agreed on and ordered by the
general court or asscmbl}- at their session in June, one thousand seven
hundred and sixty-five ; and to be paid into the public treasur}- on or
before the thirty-first day of March, one thousand seven hundred and
sixty-six.

And be it farther enacted,

[Sect. 5.] That if the general court at then- session in June, one
thousand seven hundred and sixty-five, and some time before the twen-
tieth day of June in said year, shall not agree and conclude upon an
act apportioning the sums which by this act are engaged to be paid in
said year, apportioned, assessed, and levied, tlien and in such case each
town and district within this province shall pay, by a tax to be levied
on the polls, and estates both real and personal within their limits, the
same 2)roportion of the said sum as the said towns and districts were
taxed by the general court in the tax then last preceeding.

[Sect. 6.] And the province treasui-er is hereby fully empowered
and directed, some time in said month of June, in the same year, one
thousand seven hundred and sixty-five, to issue and send forth his war-
rants, directed to the assessors or selectmen of each town and district
within this province, requiring them to assess the polls, and estates
both real and personal, within their several towns and districts, for
their respective parts and proportions of the sums before directed and
engaged to be assessed, to be paid into the treasury on tiic afore-men-
tioned time ; and the assessors, as also persons assessed, shall observe,
be governed b}-, and suliject to, all such rules and directions as shall
Uave been given iif the last preceeding tax act.

And be it further enacted,

[Sect. 7.] That the treasurer pay the sum of forty-five thousand
pounds out of such appropriations as sliall l)c directed by warrant, and
no other; and tlie secretary to whom it liclongs to keep tiic muster-
rolls and accounts of charge, shall lay before the house of representa-
tives, when they direct, such muster-rolls and accounts, after payment
thereof, —

1701-62, clKip.
23.

Money bor-
rowed, liou lo
bu iipi)lk'il.

Tax of £54,000,
granted in 1705.

Rule for appor-
tioning tlie tax
in c&nK tio bix,
act shall be
agreed on.

Money to be
paid out of tha
respective ap-
propriations.

604:

Puovl^x•K T.aw.s.~1TG2-(j3. [Chap. 17.]

Provided, always, —
Proviso. [Sect. 8.] That tlic remainder of the sum that shall be brought

into the treasury by the taxes ordered by this act to be assessed and
levied, over and above what shall l)c sullicient to discharge the notes
and obHgations aforesaid, shall be and remain as a stoclc in the treas-
ur}^, to be applied as the general court of this province shall hereafter
order, and to no other purpose whatever. \^Passed January 21 ; pub-
lished February 26, 17 Co.*

CHAPTER 17.

AN ACT FOR ERECTING A NEW PLANTATION IN THE COUNTY OF
HAMPSHIRE, CALLED ROXBURY-CANADA, TOGETHER WITH SUN-
DRY FARMS LYING THEREIN, ALSO A PIECE OF LAND BELONGING
TO THIS PROVINCE, LYING ON THE NORTHERLY SIDE THEREOF.
INTO A TOWN BY THE NAME OF WARWICK.

Preamble.

Town of War-
wick incorpo-
rated.

ProvlBlon for
juiyiiii; till! prcB-
t'lil iniiiiMlcr's
Hillary.

IiilinbltnntH to
be warned.

Whereas the new plantation called Ivoxbury-Canada, in the county
of Hampshire, labours under man}' diflicultics and inconvenicnc[/]es
by means of their not being a town ; therefore, —

Be il enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the said new plantation, called and known by the
name of Roxbury-Canada, together with sundry farms lying therein,
and a piece of laud lying on the northerly side of said townshi[). be-
longing to this province ; the wliolc bounded, west, x)n Xorthlield ;
south, partly on Ervingshire and partly on Athol ; easterly, on Rov-
al[l]sliire ; nortlierly, on the province line ; be and hereby is erected
into a town by the name of Warwick ; and that said town be and
hereby is invested with all tlie powers, privile[d]ges and immunities
that any of the towns in tliis province do or may by law enjoy.

And whereas the inhabitants of said new plantation have petitioned
the general court that tliere miglit l)e a tax of one penny per acre laid
on ail piivatc property in said township, for defreying the charges that
have and may arise within the same, and the proprietors and inhal)it-
ants having agreed thereto, for the si)acc of three years, on the condi-
tions following ; viz^'^., that the said inhabitants shall become ol)liged
to pay tlieir reverend pastor, J\Ir. Lemuel Hedge, his salary, for the
future, so as fully to indemnify the said proprietors from any further
cliarges respecting the same, —

Be it therefore enacted,

[Sect. 2.] That there be and hereby is granted a tax of one peiniv
per acre, to l)e levied and assessed upon all lands that are private prop-
erty in said township, for the term of three years next ensuing, to the
sui)port of the minister, and other necessary charges witliin tlie same,
on conditions that said inhabitants shall speedily become obliged to
tiieir said reverend pastor for his support in the ministry amongst them,
so as fully to discharge the i)roprietors from any further demanils on
account thereof, except it be bv the furtiier orders of tliis government.

And bo it further enacted,

[SiccT. ;{.] That Setii Field, Esq'"''., be and hereliy is [e][/]mpo\vered
to issue ills warrant, diit'cted to some princip;d iiihal)itant of said town,
re(|uiring him to warn the inlialiitants of said town, qualifii'(l to vote in
town atlairs, to assemble at some suitable place in said town, to chuse

* Sifpietl and published February 25, U63, according to the record and tho jiriuted

[3d Sess.]

Province La-^r.— 17^2-03

60o

all necessary oflScers to manage the affairs of said town, and to assess,
levy and collect the aforesaid land-tax. [^Patised February 17 ; * jmb-
lished February 2G, 17G3.

CHAPTER 18.

AN ACT FOR THE RELIEF OF POOR PRISONERS FOR DEBT.

Prisoners for
(U-bt, who liave
no fstali', to
apply to two
justici'K.

1759-60, cliap.
12.

Justices' notifi-
cation to tlie
creditors, how
to be Berved.

Be it enacted by the Governor^ Council and House of Representa-
tive )i^

[Sect. 1.] That when any person [s], standing committed for debt
or damages, shall complain that he or she hath not estate sufficient to
support him or herself in prison, the goaler or keeper of such prison
shall, at the request of such prisoner, apph' to two justices of the
peace within the county, quorum unus; who shall thereupon make out
a notification, under their hands and seals, to be served on the creditor
or creditors of such prisoner, if he, she or the}' live within this province,
his or her executor, administrator, agent or attorney, who brought for-
ward the suit upon whicli judgment was made up and execution issued,
upon which the prisoner stands committed, by reading the same to
them, or by leaving an attested cop}' thereof at the place of his or
her or their usual abode, or, if out of the province, then to be
left at the place of the usual abode of such creditor or creditors'
agent or attorney, as aforesaid, thereby signif3'ing to him, her or them,
such prisoner's desii-e of taking the priviledge and benelit allowed in
and by this act^ and of the time and place appointed for the intended
caption of his or her oath ; which notification shall be served at least
Ibrty days before the caption, and so certified to the justices, that he,
she or they may be present, if they see cause ; and in case any cieditor
lives out of this province, and hath no agent or attorney in it as afore-
said, the justices shall cause a notification to be left with the clerk of
the court from which the execution issued, fift}' days before the intended
caption : and such justices, or, in case of their non-attendance, then
any other two justices, quorum unus, are hereb}' [e] [/3mpow[e]red to
administer to the debtor, if thev think proper so to do, after they have
full}' examined and heard the parties, the following oath ; viz^'^., —

I, A. B., do, upon my oath, solemnly profess and declare, before Almighty Form of the
God, that I have not any estate, real or personal, in possession, reversion or re- «''"'•
niainder. sutBcient to support myself in prison, or to pay prison charges; and
that I have not, since the coni[ni]encement of this suit upon me, nor at any
other time, directly or indirectly, sold, leased, or otherwise conveyed, or dis-
posed of to, or intrusted any person or persons whomsoever with, all or any
part of the estate, real or personal, wliereof I have been the lawful owner or
possessor, with any intent or design to secure the same, or to receive or to
ex^xict any profit or advantage therefrom ; or done, caused or suffered to be
done, anything else what[.<ot]ever whereby any of my creditors may be de-
frauded. So help me God.

— which oath being taken by such prisoner, and certificate thereof Prieoners to be
made, under the hands and seals of the justices administring the same, «i'«charged, in

*' . !• case.

to the goaler or keeper, he shall thereupon set such prisoner at liberty,
unless the creditor or creditors, agent or .attorney, notified as aforesaid,
his. her or their executor or administrator, shall give security to the
goaler or keeper, for the iKaymeiit of four shillings and sixpence per

* Signed February '_'.">. acconliiii; to fho. record,
t Erased, in tlio jianliinciii.

fi06

Province Laa;vs. — 1762-63.

[Chaps. 10.]

Penalty for
prisoner's hav-
ing acted con-
trary to his
oatli.
1092-93,
chap. 18, § 9.

Judgment to
remain good
against estate of
prisoners.

Proviso.

Continuance of
the act.

•week for and towards the support of such prisoner while he or she
shall be detained in prison ; and the goaler or keeper shall detain and
keep in eustod}' such prisoner, so long as said sum shall be paid, but
upon failure of payment thereof shall set him or her at liberty.

[Sect. 2.] And in case the goaler shall refuse or delay to discharge
any prisoner who has complied with this act, he shall forfeit and pay
to the prisoner the full sura for which he stands committed, to be
recovered b}' action of debt in an\- court proper to try the same.

And be it further enacted^

[Sect. 3.] That if any such prisoner as aforesaid shall be convicted
of having sold, leased or otherwise conveyed or disposed of, or intrusted.
liis or her estate, or any part thereof, directly or indirectly, contraiy to
his or her foregoing oath, he shall not only be liable to the pains and
penalties mentioned in the act for punishing of wilful perjury, but
shall receive no benefit from his oath ; or in case such prisoner, at the
time of the intended caption, shall not take the aforesaid ontli. or be uot
admitted thereto b}' the justices, he or she shall be remanded back to
the goal, and shall not be intitled to the benefit of this act, unless a
new notification be made and served in manner aforesaid.

[Sect. 4.] And all and eveiy judgment ol.)tained against such pris-
oner shall, notwithstanding such discharge as aforesaid, be and remain
good and effectual in law, to all intents and purposes, against any estate,
whatsoever, which ma}' then or at any time afterwards belong to him ;
and the creditor or creditors, agent or atlornc}', their executors or
administrators, may take out a new execution against the lands, tene-
ments, hereditaments, goods and chatt['']l[e]s of such prisoner[.s']
(his wearing apparel, bedding for hiniself or his family, and tools ne-
cessar}' for his trade or occupation, onl}' excepted), for the satisfaction
of the debt, in such sort and manner as might have been done in case
such prisoner had never been taken in execution.

Provided, nevertheless, —

And it is hereby declared,

[Sect. 5.] That such prisoner as aforesaid shall onl}' be discharged
from the execution or executions whereon such process, as is before
mentioned, has been had, and not from any other whereon he or she
may be committed, until the oath and directions before described be
taken and attended ; nor sliall this act be construed to extend to any
person in custody for any [t][/]i[m][/(]e imposed upon him.

[Sect. C] This act [shall] [^>] continue and be in force from the
second day of April next, until the second day of April, which will be
in the year of our Lord one thousaiul seven hundred antl seventj'.
[_Passed February 17 ; published February 26, 1763.*

CHAPTER 19.

AN ACT DECLATUNQ AND REGULATINO THE STANDARD OF WHEAT
JMFOllTED INTO THIS PllOVINCE, AND FOR PREVENTING ABUSES
BY MILLERS.

I'r.nmhic. Whekeas tliis proviuce hath taken care to regulate its exports, that

the subjects of our lord the king in otln'r parts may sn Her no damage
l)y fraud and deceit, of any kind, in sudi exports, and justice reiiuiring
that its im[H)rts sliould be so regulated as that his majest^^'s sui)jects

• Signed ftiwl piildislied F»^l>nmry 'J5, 17ti.>, according to the record and llio
printed acts.

[3d Sess.]

Province Laws. — 17G2-68.

607

Weinlit of
wheat, UHutT-
tikincU.

Meapurcrs of
■wheat to be
ppointcJ, and

here, ma}- not suffer like damage by deceit and fraud in such imports :
and ichereas there having been estaliUshed no standard of the weight of
wheat here, and it being sold onl}' \)\ measure, liglit wheat is liere im-
ported, where it procures a lilce price with that of due weight, and, other
markets being better regulated, this province suffers great damage and
loss, —

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

[Sect. 1.] That from and after the first day of July next, all wheat
offered for sale shall be, when cleansed of dirt and gravel, of the f(.>l-
lowing weight ; to wit, light-coloured wheat shall be of liie weight of
lifty-eight pounds each bushel ; and all other sorts of wheat shall be of
the weight of sixty pounds each bushel ; and if any shall l)e of greater
weiglit, it shall be deemed so much bettei- than merchantable as its
wt'iglit, in the bushel, shall exceed the regulation aforesaid ; and if any
wheat shall be of less weight, it shall be deemed so much worse than
merchantable as its weight falls short of the said regulation ; and in
both cases a proportionable allowance shall be made accordingly.

And be it further enacted,

[Sect. 2.] That the court of general sessions of the peace, in eacli
county in this province wherein are an}' seai)ort towns, shall l)e and
they are hereb}' [e] [<]mpowered, yearly to appoint measurers of gi'ain in im'af^ures pro
ever}- such town (so many as they shall judge convenient) who shall each
be provided, at the expence of their respective towns, with two half-bushel
measures, of the Winchester standard, which shall each have on the top
thereof one strip of iron crossing the same, supported by an iron'studd
in the center thereof; and shall also be provided, each, with proper
scales and weights, at the expence of their towns, to weigh at least one
bushel at a time.

[Sect. 3.] And such measurers shall be sworn to the faithful discharge
of their office ; and at all times shall attend at the request of the buyer
of any wheat, to measure the same, and shall weigh as man}' bushels
as either the bu3'er or seller shall desire, and from the mean weight
shall determine whether the wheat so sold be of greater or less weight
than the standard weight aforesaid, and thereof shall give both to the
buyer and seller a certificate of the tenor following ; viz^'^., —

B-- -; n A.D. 17 Measured bushels of wheat Form of

well cleansed, and it weighs (one bushel with another) pounds curtincite.

each bushel ; being sold by A. B. to C. D.

E. F., measurer of grain ior the town of B.

And for such his service he shall receive one halfpennj' per bushel Measurer's fees,
for any quantity not exceeding twent}' bushels ; and if the quantity
exceeds twenty bushel [l]s, and shall not be more than fifty bushels,
he shall receive oiic halfpenn}- per bushel for twenty bushels, and
one-third of a penny for the suri)lusage ; and if the quantity shall
exceed fifty bushels, he shall receive for the whole at the rate of one
farthing, only, per bushel, and twoi)ence for each certificate : the charge
of the whole to be borne ccjually by the bu\er and seller; and if any Penalty on re.
master of a vessel, or other importer or seller of wheat, shall refuse to whe!,t'[n'',^g!"*
have his wheat so measured, and shall expose it to sale, he shall forfeit "'■f^;,""^""
the sum of three pounds for every such refusal.

[Sect. 4.] And if any measurer of grain, appointed in pursuance of
this act, shall be guilty of any fraud or deceit in measuring or weighing,
and be thereof convicted, by verdict of a jm-y. he shall forfeit the sum
of live pounds for every such default, and shall be immediately, upon
such verdict, removed from his office aforesaid ; and the said court of
sessions, if then sitting, if not, the selectraen of the town for which

measurers.

608

PROvrs"CE Laws. — lTG2-Go.

[Chap. 20.]

Preamble.

Millers to be
provided with
suitable stones,
fans and
screens.

Penalty.

Proviso.

Fines, bow to
bo (lispoaod of.

ronllnnntlon of
the act.

such measurer shall have been appointed, shall immediately appoint
another in his room : and if any such measnrer shall refuse to attend
his dut\- aforesaid, when thereto called, without reasonable cause, he
shall forfeit the sum of ten shillings for every such refusal.

And ivhereas, notwithstanding the many wholsome provisions already
made to prevent injustice b}- millers, great complaints are made thereof,
more especially in the towns of Boston, Roxbuiy and Charlestown, —

Be it enacted,

[Sect. 5.] That every miller in the towns of Boston, Roxbury and
Charlestown, shall, by the last day of July in this present year, be pro-
vided with suitable mill-stones, fans and s[c] [/i']reens, needful for the
cleansing, well-grinding, and making, good meal, out of all sorts of Eng-
lish grain ; and shall keep them in suitable order, and shall use the same
in the cleansing and grinding of such grain only, and no other grain, on
penalty of the sum often pounds for such neglect, and the sum of two
pounds for eveiy month he shall continue thereafter in the neglect there-
of: and the selectmen of said towns, respectively, for the time being,
are hereby empowered and directed to inspect the mill-stones, fans and
screens used for the purpose aforesaid ; and if they, or a major part
of them, shall judge such mill-stones, fans [or] [and'] screens unsuit-
able, they are hereby [e][?"]mpowered and enjoined to bring an action
or actions for recover}^ of the penalty aforesaid. And every miller in the
towns aforesaid, if desired, shall weigh the grain and meal brought to
and carried from his mill ; and if he shall refuse so to do, for every such
refusal he shall forfeit the sum of live shillings.

Provided, always, —

[Sect. 6.] That all such dirt and gravel as shall, by the said fans
and screens, be prevented mingling with the meal, shall be weighed, if
the miller thinks proper, and reckoned to the owner of the grain ; but
if he shall not think proper to weigh the same, and the owner and miller
cannot agree what allowance shall be made, such dirt and gravel shall
not be reckoned to such owner : and the miller shall be allowed to take,
as toll, the sixteenth part of the neat grain of all sorts by him ground,
and no more, under the penalty of two pounds for each offence.

[Sect. 7.] All fines and forfeitures arising by this act. shall be
one half to the poor of the town where the offence is committed, the
other half to the informer ; and may be recovered by bill, plaint or in-
formation, in any court of record, or before any of his majesty's justices
of the peace, within this province, if the sum forfeited does not exceed
forty shillings.

[Sect. 8.] This act to continue and be in force for the term of five
years from the first day of July next, and until the end of the then next
session of the general court, and no longer. [Passed Februaiij 17;
published February 2G, 1763.*

CHAPTEK 2 0.

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

Pnambip. We, his majesty's most dutiful and loyal subjects, the representatives

of the province oi'the Massachu.setts Bay, in New England, being desir-
ous of lessening the pul)lic[/i] debts, have chearfully and unanimously
given and granleil, and do give and grant, to his most excellent majesty,

• Signed and piihlished F«'.bruary 25, 17G.1, according to the record and the
printed acts.

[.Mo Skss.]

PuovrxoE Laws. — 1 702-00.

600

for the service of this province, as the}' sliall hereafter apply it, the
several duties of impost upon all liquors, wares, goods and nierehan-
dize that shall be imported into this province, and tunnage of ship-
ping hereafter mentioned ; and pra}' that it ma^" be enacted, —

And be it accordingly enacted by the Governor, Council and House of
Representatives,

[Sect. 1.] That from and after the twenty-fifth day of jNIarch, one
thousand seven hundred and sixty-three, to the twenty-fifth day of
jNIarch, one thousand seven hundred and sixty-four, there shall be
paitl by the importers of all wines, rum and other liquors, goods,
wares and merchandize, that shall be imported into this province b}-
any of the inhabitants thereof (exce[)t what is b}- this act hereafter
exempted), the several duties of impost following ; \\7^'K, —

For every pipe of wine of ever)- sort, ten shillings.

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

For every hogshead of sugai-, fourpence.

For every hogshead of mol[o] [a]sses, fourpence.

For every hogshead of tobacco, ten shilhngs.

For every pound of tea that shall be imported from any of his majes-
ty's plantations in America, fourpence.
— And so. proportionably. for a greater or less quantity.

^Vnd for all other commodities, goods or merchandize not mentioned
or not excepted, fourpence for every twenty shillings value, excepting
such goods as are the product or manufacture of Great Britain.

[Skct. 2.] And I'or any of the above-mentioned liquors, goods, Avares
and merchandize (excepting tea, which shall only pay fourpence) that
shall l)e im[)orted into this province by any of the inhabitants of the
(jtiier provinces or colonies on this continent, or of the English West-
India Islands, in any ship or vessel to them belonging, on the proper
account of any of the said inhabitants of the said provinces, colonies or
islands, there shall be i)aid by the im[)orters double the impost laid by this
act : provided always, that every thing which is the growth or produce
of the provinces or colonics aforesaid (tobacco and bar-iron excepted),
and all provisions, salt, cotton-wool, pig-iron, mahog[o][a]ny, brazil-
leto, black-walnut, lignum-vitae, red-cedar, logwood, hemp, raw- skins
and hides, and also all prize goods brought into and condemned in this
province, are and shall be exempted fiom every the rates and duties
aforesaid. .

And be it further enacted,

[Sect. 3.] That all goods, wares and merchandize, the property of
any of the inhabitants of any of the neighl)ouring provinces or colonies
on this continent, that shall I)e im|)orted into this province, and shall
have paid, or on which there shall have been secured to be paid, the
duty of impost, by this act provided to be })aid, and afterwards slnijl be
exported and landed in any of the said provinces or colonies on this
continent, then and in such case the exporter, producing a certificate
from some officer of his majesty's customs, that the same has been
landed in some of the provinces or colonies aforesaid, shall be allowed
a drawlxick of the whole duty of impost by him paid, or secured to be
paid, as l»y this act provided.

And be it further enacted,

Ratca of inipoHt,

I>oiihk- impost
to bo paid for
gooils itiiporteU
by the inhabit-
ants of otlier
colonics, &c.

Proviso.

Drawback of
till- whole ini-

podt to tllf i'X-
porlcr, ill cattc.

Mofltcra of
vohhi'Ih, to inaka
ri'port.

610

Province Laws.— 1762-63. [Chap. 20.]

wines, liquors, goods, wares and merchandize imported in any such ship
or vessel, with the maiks and numbers thereof, and to whom the same
are consigned ; and make oath before the commissioner that the same
manifest contains a just and true account of all the lading taken
on board and imported in such ship or vessel, so far as he knows or
believes ; and that if he knows of an}' more wines, liquors, goods, wares
or merchandize laden on board such ship or vessel, and imported there-
in, he will forthwith make report thereof to the commissioner aforesaid^
and cause the same to be added to his manifest.

And be it further enacted,

[Sect. 5.] That if the mastor of an}- ship or vessel shall break
uTii."' ''''^ '"* bulk, or suffer any of the wines, liquors, goods, wares and merchan-
dize imported in such ship or vessel to be unladen before report and
entry thereof be made as aforesaid, he shall forfeit the sum of one
hiuidred pounds.

And be it further enacted,

[Sect. 6.] That all merchants and other persons, being owners of
any wines, liquors, goods, wares or merchandize imported into this
province, for which any of the rates or duties aforesaid are pa3able, or
having the same consigned to them, shall make an eutr}' thereof with
the commissioner aforesaid, and produce an invoice of all such goods as
pay ad valorem,, and make oath before him in the form following ;
vizW.,—

To I'uifcit, in

CISC (

Invoice to be
produced.

Oath. You, A. B., do swear that the entry of goods and uiercliaiidize by you now

made, exhibits the sterling value of said goods, and that, bona Jidc, according
to your best skill and judgment, it is not less than tliat value. So help you
God.

I^iities to be
]):ii(l before
lauding.

CnnimloBioncr
iilliiwi (I 1<> give
credit.

— which oath the commissioner or receiver, appointed in consequence of
this act, is hereb}- [c] [('Jmpowered and directed to administer ; and the
owners aforesaid shall pay to the said commissioner, or give security to
pay, the duty of impost by this act required, before such wines, liquors,
goods, wares or merchandize be landed or taken out of the vessel iu
which the same shall be imported.

[Sect. 7.] And no wines, liquors, goods, wares or merchandize
that by this act are liable to pay impost or duty, shall be landed ou
any wharf, or in any warehouse or other place, but in the daytime
only, and that after sunrise and before sunset, unless in the presence or
with the consent of the commissioner or receiver, on pain of forfeiting
all such wines, liquors, goods, wares and merchandize, and the lighter,
boat or vessel out of which the same shall be landed or put into an}'
wari'house or other i»lace.

[Sect. 8.] Ami if any person or persons shall not have and pi-oduee
an invoice of the (juantities of rum or other liquors to him <,)r them con-
si<fii[e]d, then the cask wherein the same are, shall be gauged, at the
charge of the imi)orter, that the contents thereof may be known.

Provided., neverthelesa, —

[Sect, ii.] That the said connnissioiier shall be and herel)V is alioufd
to give credit to such person or persons whose duty of impost in one
vi'ssel shall not exceed six pounds; whicii credit shall be so liiniteil as
that he slmll settle and lijiUaiice his accompts with every person on, or
before the twenty-sixth day of INlaich, oiu' thousand seven hundred and
sixty-four, that the said acco[mp][(o/]ts may be ))roduced to this
court as soon as may l)e alter; and for all entries wlu're the impost to
be paid doth not exceed three shillings, the said commissioner siiall not
demand .Mnything, and not more than sixpence for any other single
entry to what value soever.

[3d Sess.]

Province Laws. — 17r»2-G3.

611

And be it further enacted,

[Sect. 10.] That the importer of all wines, liquors, goods, wares
and merchandize, from and after the twenty-fiftli day of March, one
thousand seven Inuulrcd and sixty-three, and until tlie twenty-sixth day
of March, one tliousand seven hundred and sixty-four, by land-carriage
or in small vessels and boats, shall make report and deliver a mani-
fest thereof to the commissioner aforesaid or his deputy, therein partic-
ularly- expressing the species, kind and (juantity of all such wines,
liquors, goods, wares and merchantlize so imported, with the marks and
numbers thereof, when, how and b}- whom brought ; and shall make;
oath, before the said commissioner or his deput}', to the truth of such
report and manifest, and shall also pay or secure to be paid the several
duties aforesaid b}- this act charged and chargeable upon such wines,
liquors, goods, wares and merchandize, before the same are landed,
housed, or put into any store or place whatsoever.

And be it further enacted,

[Sect. 11.] That every merchant or other person importing any
wines into this province, shall be allowed twelve per cent for leakage :
provided such wines shall not have been filled up on board ; and tliat
ever}' hogshead, butt or pipe of wine that hath two-thirds thereof leaked
out, shall be accounted for outs, and the merchant or importer shall pay
no duty for the same. And no master of any ship of vessel shall suffer
any wines to be filled up on board without giving a certificate of the
quantity so filled up, under his hand, before the landing thereof, to the
commissioner or receiver of impost for such port, on pain of forfeiting
the sum of one hundred pounds.

[Sect. 12.] And if it ma}' be made to appear that any wine im-
ported in any ship or vessel be decayed at the time of unloading
thereof, o? in twcnt}' days afterwards, oath being made before the com-
missioner or receiver that the same hath not been landed above that
time, the duties and impost paid for such wines shall be repayed unto
the importer thereof.

And be it further enacted,

[Sect. 13.] That the master of every ship or vessel importing any
liquors, wines, goods, wares or merchandize, shall be liable to pay
the impost for such and so much thereof, contained in his manifest, as
shall not be duly entered, and the duty paid for the samis by the person
or persons to whom such wines, liquors, goods, wares or merchandize
are or shall be consigned. And it shall and may be lawful, to and for
the master of ever\' ship or other vessel, to secure and detain in his
hands, at the owner's risque, all such wines, liquors, goods, wares and
merchandize, imported in an}' ship or vessel, until he receives a cer-
tificate, from the commissioner or receiver of impost, that the duty
for tlje same is i)aid, and until he be repaid his necessary charges in
securing the same ; or such master may deliver such wines, liquors,
goods, wares and merchandize as are not entered, unto the commissioner
or receiver of impost in such port, or his order, who is hereby [e][j]m-
powered and directed to receive and keep the same, at the owner's
risque, untd the impost thereof, with the charges, be paid or secured to
be paid ; and then to deliver such wines, liquors, goods, wares or mer-
chandize as such master shall direct.

And be it further enacted,

[Sect. 14.] That the commissioner or receiver of the impost, in each
\x>vt, shall be and hereby is [e][/]miiowered to sue the master of any
ship or vessel for the irai)OSt or duty of so much of the lading of any
wines, liquors, goods, wares or merchandize imported therein accord-
ing to the manifest to be l)y him given upon oath, as aforesaid, as shall
remain not entered, and the duty of impost therefor not paid, or secured

Importor by
laiul-carriai;!' or
in siimll vc'khcIh,
to niuku rt'imrt.

Allowance fi>r
leakage.

Master allowed
to detain floods
not entered, or
the duty not
paid.

Master liable to
be sued.

612

Province Laws.— 1762-63.

[Chap. 20.]

Ships, &c., lia-
ble to be taken
in execution.

Naval oflScer
not to clear ves-
sels till impost
be paid.

Bills of store, to
be allowed.

Commissioner
to nppoint olU-
ciTH 111 places
wliiTc wines,
nun, Sic., ni;iy
bu brought uiit

to be paid. And where an}* goods, wares or merchandize are such that
the vahie thereof is not known, whereby the imiDost to be recovered of
the master, for the same, cannot be ascertained, the owner or person
to whom such goods, wares or merchandize are or shall be consigned,
shall be summoned to appear as an evidence at the court where such
suit for the impost and the duty thereof shall be brought, and be there
required to make oath to the value of such goods, wares or merchan-
dize.

And be it further enacted,

[Sect. 15.] That the ship or vessel, with her tackle, apparel and
furniture, the master of which shall make default in anything by this
act I'equired to be performed by him, shall be liable to answer and
make good the sum or sums forfeited bj- such master, according to
this act, for anj' such default, as also to make good the impost or duty
for all wiues, liquors, goods, wares and merchandize not entered as
aforesaid, or for which the duty of impost ha[th][re] not been paid ;
and. upon judgment recovered against such master, the said ship or
vessel, with so much of the tackle or appurtenances thereof as shall l)o
sufficient to satisfy said judgment, may be taken b}' execution for the
same ; and the commissioner or receiver of the impost is heix'ly
[e][i]mpowered to make seizure of the said ship or vessel, and detain
the same under seizure until judgment be given in any suit to be com-
menced and prosecuted for any of the said forfeitures or for the duty
aforesaid ; to the intent, that if judgment be rendered for the prosecu-
tor or informer, such ship or vessel and appurtenances ma}' be exposed
to sale, for satisfaction thereof, as is before provided : unless the own-
ers, or some on their behalf, for the releasing of such ship or vessel
from under seizure or restraint, shall give sufficient security to the
commissioner or receiver of impost that seized the same, to respond
or satisly the sum or value of the forfeitures and duties, with the
charges, that shall be recovered against the master thereof, upon such
suit to ])e brought for the same, as aforesaid ; and the master occasion-
ing such loss or damage unto the owners, through his detault or neglect,
shall be liable unto their action for the same.

AjuI be it further enacted,

[Skct. 1G.] That the naval officer within any of the ports of this
province shall not clear or give passes to any master of any ship or
vessel, outward bound, until lie shall be certified, bj' the commissioner
or receiver of impost, that the duty and impost for the goods last im-
ported in such ship or vessel are paid or secured to l)e paid.

[Skct. 17.] And tlie commissioner or receiver of impost is herein"
[e] [/]nipowered to allow bills of store to the master of any ship or ves-
sel inij)orting any wines or liquors, for sueli private adventures as shall
belong to the master or seamen of such ship or vessel, at the diserction
of the commissioner or receiver, not exceeding three per cent/)f the
lading ; and the duties payable by this act for such wines or liquors, in
such l)ills of stores mentioned and exju'cssed, shall be abated.

And for the more ellectual preventing any wines, rum or otlu'r dis-
tilled spiiits being brought into the jn'ovince from the neighbouring
governments, by land, or in small boats or vessels, or any other way,
and also to prevent wines, rum or other distilled spirits being first .sent
out of this province, and afterwards brought into the government again,
to defraud the government of the duties of impost, —

Be it enacted,

[Skct. 1H ] That the commissioner and receiver of the aforesaid
duties of impost sliall, and he is herel)y [e][j]mpowered and enjoined
to. a])poiiit one or more suitable jierson or persons as liis deputy or
dc[)uties, in all such places of this province where it is likely that wine,

[3d Sess.]

rnoviNcE Laws. — 17G2-G3.

613

rum or other distilled spirits will be broiitrlit out of other governments
iuto this ; which ollieers shall have [jowcr to seize the same, unless the
owner shall make it appear that the duty of impost has been paid
Iherefor since their being brouglit into or relaiuled in this government;
and such officer or officers are also [e][/]mpo\vered to search, in all
suspected places, for such wines, rum or other distilled spirits, or tea,
brought or relanded in this government, where the duty is not paid as
aforesaid, and to seize or secure the same for the ends and uses as in
this act is hereafter provided.

And be it further enacted,

[SiicT. r.).] That the commissioner or his deputies shall have power
to administer the several oaths aforesaid, and search in all suspected
places for all such wines, rum, licpiors, tea, goods, wares and merchan-
ilizc as are brought into this province, and landed contrary to the true
intent and meaning of this act, and to seize the same for the uses here-
inafter mentioned.

And be it further enacted,

[Skct. 20.] That if the said commissioner, or his deputy, shall have
information of any wines, rum or other distilled spirits, or tea, being
brouglit into and landed in any place in this province, for which the
duties aforesaid shall not have been paid after their being brought into
or relanded in this government, he may apply to any justice of the
peace within the count}', for a warrant to search such place ; and said
justice shall grant such warrant, directed to some proper officer, ujjon
said commissioner or his deputj^'s making oath that he hath had infor-
mation as aforesaid ; and liaving such warrant, and being attended by
such officer, the said commissioner or his deputy may, in the daytime,
between sunrise and sun-setting, demand admittance of the person
owning or occupying such place, and, upon refusal, shall have right to
break open such place ; and, finding such liquors or tea, may seize and
take the same iuto his own custod}' ; and the commissioner aforesaid,
or his deputy, shall be and hereby is [e][/]mpowered to command
assistance, and impress carriages necessary to secure the liquors or tea
seized as aforesaid ; and an}' person refusing assistance, or preventing
any of the officers aforesaid from executing their office, shall forfeit five
pounds to the said commissioner ; and he or his dc[)uty shall make rea-
sonable satisfaction for the assistance afforded, and carriages made use
of, to secure the liquors or tea seized as aforesaid ; and the commis-
sioner or his deputy shall then file an information of such seizure in the
inferio[?<]r court of common pleas for the county wherein such seizure
shall be made, which court shall summon the owner of such liquors or
tea, or the occupier of such shop, house or warehouse, or clistil[/]-
house, where the same were seized, to ai)i>ear and shew cause, if an}'
he has, wh}' such liquors or tea so seized shall not be adjudged for-
feited ; and if such owner or occupier shall not shew cause as aforesaid,
or shall make default, the said liquors or tea shall be adjudged for-
feited, and the said court shall order them to be sold at public[/r] ven-
due ; and the nett produce of such sale shall be paid, one half to the
province treasurer for the use of this province, and tlie other half to
the said commissioner.

And be it further enacted,

[Sect. 21.] That there shall be paid, by the master of every ship
or other vessel, coming into any port or ports of this province, to trade
or traffick, whereof all the owners are not belonging to this j)r()vince
(excepting such vessels as belong to Great Hritain, the provinces or
colonies of ren[?<]sylvania. West and Kast Jersey, Connecticut, New
York, Xew llampsliire, Rhode Island and Nova Scotia), ever}' voyage
such ship or ves.sel doth make, one pound of good pistol-powder for

of other govern.
mcntB.

CommiHsioncr
or deputies cm-
poweiej to ad-
ininiKtvr the
outbs, &c.

The commis-
sioner or di'pu-
tj", upon inl'or-
mution 6f any
liquors being
hn)U'j;lit into
this province,
and tlie duty
not paid, to ap-
ply to a justice
lor a warrant
to search, &c.

Tonnage of
shipping.

Province Laws.— 1762-63. [Chap. 20.]

Vessels to be
measuied, if
Buspccted.

Drawback for
wine, nim and
toa allowed, in
case.

Troviso

A|>|ioliilmpiit
iiikI iliily of the
Cullllilisnioliur.

every ton such ship or vessel is in burthen : saving for that part whieh
is owned in Great Ikitain, this province, or any of the governments
afoi'esaid, which are hereby exempted ; to be paid unto the commis-
sioner or receiver of the duties of impost, and to be emplo3'ed for the
uses and ends aforesaid.

[Sect. 22.] And the said commissioner is hereby [e][j]mpowered
to api)oint a meet and suitable person, to repair unto and on board any
ship or vessel, to take the exact measure and tuunage thereof, in case
he shall suspect the register of such ship or vessel doth not express
and set forth tlie full burthen of the same ; the charge thereof to be
2)aid bj- the owner or master of such ship or vessel, before she shall be
cleared, in case she shall appear to be of greater burthen : otherwise,
to be paid by the commissioner out of the money received by him for
impost, and shall be allowed him, accordingly, by the treasurer in his
accompts. And the naval officer shall not clear any vessel, until he be
certified, also, by the commissioner, that the duty of tunnage for the
same is paid, or that it is such a vessel for wliich none is pa^'able ac-
cording to this act.

And be it further enacted,

[Sect. 23.] That when and so often as an)' wine, rum or tea im-
ported into this i)rovince, the aforesaid duty of impost upon which shall
have been paid agi-eeablc to this act, shall be reshipped and exported
from this government to any other part of the world, that then and in
every such case, the exporter of such wine, or rum, or tea shall make
oath at the time of shipping, before the receiver of impost, or his
deputA', that tiie whole of the wine, or rum, or tea so shipped has, bond
fide, had the duty of im[)ost aforesaid paid on the same, and shall
afterwards produce a certilicate, fi'om some officer of the customs, that
the same has been landed out of this government, — or otlierwise, in
case such rum, or wines, or tea shall be exported to any place where
there is no officer of the customs, or to au)' foi-eign port, the master of
the vessel in which the same sliall be exported shall make oath that the
same has been landed out of llie govermnent, and the exporter shall,
upon producing such certificate, or upon such oath of the master, make
oath that he verily believes no part of said wines, rum or tea has been
relanded in this i)i-ovince, — such exporter shall be allowed a drawback
fi'om the receiver of impost as follows; \\7PK, —

For every pipe of wine, nine shillings.

For evei'y hogshead of rum, seven shillings and sixpence.

And for every pound of tea, fourpence.

Provided, ahca/is, —

[Sect. 21.] That if, alter {\\v shi[)ping of such wines, or rum or tea,
to be cx[)oited as aforcsnid, and giving security as albresaid. in order
to ol)tain the drawback albresaid, tlie wines or rum or tea so sliip[)ed to
b(; exported, or any part thereof, shall be rehnided in this province, or
])r(>ught into the same from any dthcr province or colony, that then all
such wine, rum and tea so relanded and brought again into this [)rov-
ince, sliall be Ibrfeited. and may l)e seized b)- the connnissioner afore-
said, or his de|)uty.

And he it fartlier enacted,

[Sect. 2.').] That there be one fit person, and no more, nominated
and appointed by this court, as a connnissioner anil receiver of the
aloresaiil duties of impost and tunnage of shij)[iing, and lor the inspec-
tion, care and management of the said office, and whatsoever relates
thereto, to receive commission from the governor or commander-in-
chief for the time l)eiiig, with authority to substitute and ap|K)int a
deputy-receiver in each port, or other places besiiles that in which ho
re:udes, and to grant warrants to such deputy-receivers for the said

[3d Sess.]

PiioviNcE Laws.— 17G2-G3.

615

place, and to collect and receive the impost and tannage of shipping, an
aforesaid, that shall become due within such port, and to render the
account thereof, and to pay in the same, to the said comtnissioner and
receiver : which said commissioner and receiver shall keep fair books
of all entries and duties arising by virtue of this act ; lilso, a particular
account of ever}' vessel, so that tlui duties of impost and tunnago
arising on said vessel may appear ; and the same to lie open, at all
seasonable times, to the view and perusal of the treasurer or receiver-
general of this province (or any oth(>r person or persons whom this
court shall appoint), with wliom he shall account for all collections and
l)a_vmcnts, and paj' all such monies as shall be in. his hands, as the
treasurer or receiver-general shall demand it. And the said commis-
sioner or receiver and his deputy or dei)uties, before their entering
ui)on the execution of their said oflice, shall be sworn to deal truly and
faitlifuUy therein, and shall attend in said oilice from ten of the clock
in the forenoon, imtil one in the afternoon.

[8ect. 2G.] And the said commissioner or receiver, for his labour,
care and cxpences in the said oflice, shall have and receive, out of the
province treasur}', at the rate of sixty pounds per annum ; and his
deputy or deputies shall receive for their service such sums as the com-
missioner of im[)ost, together with tlie province treasurer, shall judge
necessary, for whatever sums they shall receive and pay ; and the treas-
urer is hereby ordered, in passing and receiving the said commissioner's
accounts, accordingly, to allow the payment of such sahuy or salaries,
as aforesaid, to himself and his deputies.

And be it farther enacted,

[Sect. 27.] That all penalties, fines and forfeitures accruing or
arising in consequence of any breach of this act, shall be one half to
his majesty for the use of this province, and the other half to him or
them that shall seize, inform and sue for the same, by action, bill,
])laint or information, in any of his majesty's courts of record, wherein
no essoign, protection or wager of law shall be allowed ; the whole
charge of the prosecution to be taken out of the half belonging to the
informer.

And be it further enacted,

[Sect. 28.] That from and after the commencement of this act, in Disposiuon of
all causes wherein any claimer shall appear, and shall not make good
the claim, the charges of prosecution shall be borne and paid by the
said claimer, and not by the informer. \^Passed February 17, 17G3.

Charges of pros-
ecution, liow lo
be paid, in case.

CHAPTER 21.

AN ACT FOR THE CONTINUATION OF A LOTTERY— GRANTED AND AL-
LOWED BY AN ACT, INTITULED " AN ACT IN ADDITION TO AN ACT.
INTITULED 'AN ACT FOR RAISING THE SUM OF TWELVE HUNDRED
POUNDS, BY LOTTERY, FOR BUILDING AND MAINTAINING A BRIDGE
OVER THE RIVER PARKER, IN THE TOWN OF NEWBURY, AT A PLACE

■ CALLED OLD-TO\VN FERRY ' "—FOR RAISING A FURTHER SUM FOR
THAT PURPOSE.

"\Vi[EREAS by an act of this province, made in the thirty-third year of rrcnmbic.
the reign of his late majesty King George the Second, intituled '' An itssmso, chap.
Act in addition to an act, intituled ' An Act for raising the sum of twelve
hundred pounds, l)y lottery, for building and maintaining a bridge over
the river Parker, in the town of Newbury, at a place called Old-town
Ferry.'" Caleb Cuihing, Joseph Gerris'h. junior, William Atkins and

616 Pr.ovixcE La\ys.— 1762-63. [Chap. 22.]

Daniel Faniham, Esqrs., and Mr. Patrick Trac}-, merchant, or an}- three
of them, were impowered to set up and carr>' on a lotter}' to raise the
sum of six hundred pounds, for dcfreyiug the charges which had arisen on
account of building the bridge aforesaid, and the necessar}- charges of
managing the said lottery ; and it now appearing to this court that the
said sum of six hundred pounds was not sufficient to answer the pur-
pose aforesaid, and that the managers are yet in advance the sum of
two hundred and twenty-six pounds, one shilling ; and it being thought
needful to raise the sum of three hundred pounds, to re-imburse the
said managers and defre}- the further expence of a lottery for raising
the same, —

Be it therefore enacted by the Governor^ Council and House of
Representatives^
Nt-wbui-y lot- Tiiat the said Caleb Cushing, Joseph Gerrish, junior, William Atkins,

iu7rahiing £300. and Daniel Farnham, Esq[ui]r[e]s, and Mr. Patrick Tracy, merchant,
or any three of them, l)e and hereb}' are [e][/]ni powered to continue the
same lottery, under the same regulations and restrictions as, in the afore-
said act of the thirty-third year of his late majesty George the Second,
are mentioned, until the aforesaid sum of three hundred pounds is raised,
and no more ; and if there shall be any sum remaining, after the
necessar}' charges of carrying on the said lottery are defreyed, and the
managers re-imbursed, it shall be applied towartls re[)airing the same
bridge as in the same act is mentioned, and to no other use or purpose
whatsoever. [^Passed Februarij 24 ; j^ublished February 26, 17G3.*

CHAPTER 2 2.

AN ACT [E][/]MPOWERING THE ASSESSORS OF THE TO^VN OF CHIL-
MARK, FOR THE TIME BEING, TO APrORTION THE rROVINCE, COUNTY
AND TOWN TAXES, NOT ALREADY MADE, ON THE OWNERS OF SUCH
STOCK (LIABLE BY LAW TO BE TAXED) THAT HAVE BEEN OR SHALL
BE KEPT IN SAID TOWN, OR ON THE ISLANDS THERETO BELONGING.

I'mimbic. Whereas the assessors of the town of Chilinark, in their last valua-

tion, gave in the stock, in said town and on the islands belonging to
the same, wliich was the property of a number of the inhabitants of
the town of Dartmouth, and of several other towns within the pruvinee,
and wliich stock tlie said town of Dartmouth, and the other towns, did
not give in in their last valuation ; in order, therefore, that justice may
be done to tlie town of Chilmark aforesaid, —

Be it enacted t>y the Governor, Council and House of Representa-
tives,
Ktuck.mtho That the assessors for the town of Chilmark, for the time being, be

■M't'ori'iiiniar^^ '"'"^ hereby are authoi'ized and [e][/]nipoweri'd to assess the owners of
iw.wtobo ' ' said stock, and of any other stock that, from time to time, shall be kept
''"''""^* thereon both sununer and winter, as fully, to all intents and purposes

whatever, as if the owners were inhabitants of Chilmark ; and the taxes
thus laid may l)e collected and recovered in tlie same way and manner
i:o2-(B, ciiiip. as the same might have been before tlie act, intituled " An Act for ap-
'-• portioning and assessing " the si'veral sums that were laid on the sev-

eral towns within this government at their session in May last; and it
shall not be lawful for the selectmen or assessors of the town of Dart-
mouth, or of the other towns, to assess the owners of said stock for the
same. [^Passed Fcliruary 21 ;t jtublished February 20, 170.'?.

• SiK'if'l i>'"l I'li'ilislii'it I'^cliniarv^r), ITCi.'J, a<'eor(liiig to the record and tlie printed
uetH.

t Signed February 25, according to the record.

[3d Sess.]

PiiOviNCE Laws. — 17G2-G3.

617

CHAPTER 2 3.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS THAT ARE
EXPIRED, AND NEAR EXPIRING.

Whkreas the several acts licieinaftt'i- mentioned, which are now
expired or near expiring, have Iteen found useful and beneficial ; viz''^,
one act made in the tenth year of the reign of King George tlie Sec-
ond, intituled '* An Act for securing the seasonable payment of town
and precinct rates or assessments ; " two acts made in the tentli and
eleventh years of said reign; one, intituled ''An Act in further addition
to an act made in tlie first year of his present majest3''s reign, intituled
' An Act to prevent co-parceners, joint tenants and tenants in common,
from committing strip and waste upon lands by them held in common
and undivided ; ' " the other, intituled " An Act in further addition to
an act, intituled ' An Act for the relief of idiots and distracted per-
sons; ' " one act made in the fourteenth 3-car of said reign, intituled
" An 4ct to encourage the increase of sheep and goats ; " one act made
in the fifteenth }ear of said reign, intituled '^ An Act for the better reg-
ulating [o/] porters emi)lov[e]d within the town of Boston;" one
act made in the sixteenth year of said reign, intituled " An Act to pre-
vent the spreading of the small-pox and other infectious sickness, and
to prevent the concealing of the same;" one act made in the eigh-
teenth 3'ear of said reign, intituled "■ An Act in addition to the act, inti-
tuled ' An Act for appointing commissioners of sewers ; ' " one act made
in the twentieth year of said reign, intituled "An Act for the better
i-egulating swine ; " one act made in tlie twenty-first year of said reign,
intituled "An Act to prevent deceit in the gage of cask;" two acts
matle in the twenty-second year of said reign ; one, intituled " An Act
for the ease of prisoners for debt ; " the other, intituled " An Act for the
more easy partition of lands ; " one act made in the twenty-third year
of said reign, intituled " An Act for regulating the hos[)ital on Rainsford
Island, and further providing in case of sickness; " two acts made in
the twenty-third and twenty-fourth years of said reign ; one, intituled
'• An Act in addition to the act, intituled ' An Act to encourage tiie in-
crease of sheep and goats ; ' " the other, intituled •' An Act in addition
to the 'Act for the bettei- regulating swine;'" one act made in the
twenty-fourth year of said reign, intituled " An Act for preventing antl
suppressing riots, routs and unlawful assemljUes ; " four acts made in
the twenty-sixtli year of said reign ; one, intituled " An Act for the more
easy partition of lands, or other real estate, given by will, and held in
common and undivided, among the devisees;" another act, intituled
"An Act for further preventing all riotous, tumultuous and disorderly
assemblies or companies of persons, and for i)reventing bonfires in any
of the streets or lanes within any of tlie towns of this province ; " an-
other act, intituled " An Act for preventing damage by horses going at
large ; " also, one act, intituled " An Act to i)revent firing the woods ; "
two acts made in the twenty-seventh year of said reign ; one. intituled
"An Act in addition to the several laws of this government made for
the regulating general fields ; " the otiier, intituled " An Act to i)revent
neat cattle and horses running at large and feeding on the beaclies and
meadows below the banks, in the town of Truro, from the house of
Joshua Atkins to Bound Brook, and also on the common meadow at
and about Pamit Harbour and river, as far up as the wading-place \>x
John Lumbart's ; " also, one act made in the tliirty-third year of said
reign, intituled " An Act for the more easy division and di.stril)ution of
intestate estates," —

Laws contin-
ued.

Town and pre-
cinct rates.
173&-37, ch. 14.

TenantB in
common.
17a7-a8, ch. 8.

Idiots, &c.
1737-38, ch. 9.
Increase of
sheep, &c.
1740-41, ch, 23.
Regulation of
porters.
1741-42, ch. 5.
Small-pox, &c.
1742-43, ch. 17.

Commissioners
of sewers.
174.5-46, ell. Ifi.
Regulation of
swine.

1740-47, ch. 26.
Gauge of canlc.
1747-48, ch. 7.
Prisoners for
debt.

1748-49, ch. 9.
Partition of
lands.

1748-49, ch. 12.
U.unsfbrd
Island.
1749-50, ch. 6.
Sheep, &c.
1749-50, cb. 27.
Swine.
1750-51, ch. 5.

Riots.
1750-51, ch. 17.

Lands given by

will.

1753-53, ch. 13.

Disorderly
companies.
1753-53, ch. 18.

Horses at large.
1753-53, ch. 20.
Firing woods.
1753-54, ch. U.

General ficMs.
1753-54, ch. 29.

Neat cattle, Jte.,
running at large
below the banks
at Truii).
175;i-54, eh. 44.

Intest.-itc
I'stales.
1760-61, ch. 13.

C18

Pltovl^■CE Laws. — 1702-03.

[Chap. 24.]

Be it therefore enacted hy the Governor^ Council and House of
Representatives,

That such of the before-mentioned acts as are expired, be revived,
and such of said acts as are not yet expired, be continued, with all and
ever}- article, clause, matter and thing therein respectivcl_y contained,
and shall be in force until the first day of July, which shall be in the
^•ear of our Lord one thousand seven hundred and sevent}', and no
longer. \_Passed February 24 ; published February 26, 1763.*

CHAPTER 24.

AN ACT FOR THE MORE SAFE KEEPING THE RECORDS OF THE SEV-
ERAL COURTS OF JUSTICE IN THIS PROVINCE.

rri'amblc.
la Mass. 261.

Clerks of the
superior court
to give bond.

Clerks of the
courts of gen-
eral sestiions,
iiif<'rii)r court,
ami reKJsters of
iirobate, togivo
bouil.

IVnalty.

.TuHtleos and
Jiiili;cH to inspect
the recordg.

Whereas complaints have been frequently made to this court that
the several clerks of the courts of justice, and registers to the courts of
probate, in this government, have been remiss and negligent in keeping
up the records of said courts, whereby great mischiefs have arisen ;
for preventing whereof for the future, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That from and after the first da}- of June next, the sev-
eral clerks of the superio[(<]r court of judicature, court of assize, and
general goal delivery, that are now appointed by said court, shall give
bond, to be approved of b}- the justices of the said court, in the sura of
one hundred i)ounds, with oue or more sureties, to the province treas-
urer, for the faithful discharge of their trust, and to keep up the records
of said court, seasonably and in good order.

And be it further enacted,

[.Sect. 2.] That the several clerks of the several courts of general
sessions of the peace, and of the several courts of common pleas, and
the several registers of probate, in this province, that are now appointed,
are hereb}' enjoined to give their several bonds, to be approved of b}'
tiie justices of the general sessions of the peace, in the several counties
respective!}', at their next term after the lirst day of June next, with
one or more suflQcient sureties, for the sum of one hundred pounds, to
the county treasurer of their several counties, for the faithful discharge
of their respective trusts, and keeping up the several records of the
respective courts they are ai)pointed to, either as clerk or register, as
aforesaid.

And be it further enacted,

[Sect. 3.] That it shall be adjudged a forfeiture of either of the
l)oiids aforesaid, for an}' of said clerks or registers, or those that may
!)(■ appointed to ejther of those oflices (sickness or any extraordinary
casualties excepted), tliat shall not have their records all compleated
within six mouths, at any one time, after the fust day of June next ; and
any clerk or register hereafter to be appointed to either of said ofHces,
that siiall not give bond, as aforesaid. I)efbre he or they enter on their
rcsi)ective ollices, or that shall ineur a forfeiture of their bond, shall
and herel)y are declared inca[)able of iiolding either of the resi)ective
oflices aforesaid.

And, to reiidci- tliis act more effectual for the purposes aforesaid, —

Be it farther enacted,

[Si;( T. -L] That the justices, and judges, of the several courts afore-
Mu 111 lolled are herel)y required to inspect the conduct of their several

• Sigucd aiul jjuljluihod Fubi'iiajy -5, ITGJ, according to llio record and printed acta.

[3d Sess.]

PiiOVLNCE Laws. — 1702-63.

OH)

clerks and registers, with respect to the records afoivsaid ; and upon
any deliciency as aforesaid, such judge and Justices shall give informa-
tion thereof to the treasurer who has the delinquent's Itond in keeping;
wliich treasurer, being so informed, shall forthwith put such delinquent's
bond in suit: and the money recovered on such suit shall be ap[)lied for
bringing up the deficient records, under the direction of the respective
judge or judges of the court or courts where such deficiencv shall hap-
pen ; and if there be a sur[)hisage of such fine, it shall be applied to the
use of the county where the defect of the records hapiiens ; and if tlie
tine shall be insufficient for the purpose aforesaid, the estate of the de-
ficient clerk or register shall be held liable to pa}' the same. [^Passed
February 24 ;* published February 26, 17G3.

ClorkB' and re-
gisters' CHlUlt'8
held liable.

CHAPTER 2 5.

AN ACT CONFIRMING TO SUNDRY PERSONS SUNDRY LANDS BY TIIEM
PURCHASED OF THE INDIANS, AT CHRISTAINTOWN, SO CALLED,
ON THE ISLAND OF MARTHA'S VINEYARD.

Whereas divers English persons have made purchases of the Indians, Preamble,
proprietors of lands in Christiantown, so called, on the island of Mar- 1701-2, ctmp. 11,
tha's Vine\-ard, without liberty for that purpose first had and obtained ^^'
of the great and general court, contrary to a law of this province made
and passed in the thirteenth 3'ear of the reign of King William the Third,
and contrary, to the tenor of the original grant to the Indians called the
praying Indians, by reason whereof all such deeds given by the Indians
are null and void ; yet, inasmuch as said English purchasers have, by
their deed bearing date the second da}- of September, one thousand
seven hundred [and] sixt3--two, duh' executed, and recorded in the rec-
ords of deeds for the county of Dukes County, and in the book of laws
in the secretary's office, disclaimed to the Indian proprietors of said
Cliristiantown their preten[t][.s]ion to a great part of tlie said lauds,
which lands so disclaimed I)}' the English purcliasers are become so
mucli better by the improvements they have made upon tiiein as to
render them to be nearly equal in value to the whole of the said hinds
when sold by the Indians. —

Be it enacted by the Governor, Council and Hoxise of Representa-
tices.

That all the lands purchased of the Indians, lying in Christiantown, Indian deeds
the deeds whereof were recorded in the records of deeds for the count}- chrisi'i-intown
of Dukes County, at any time before the twenty-second of August, confirmed,
one thousand seven hundred and sixty-one, not reconveyed by the
I^nglish to the Indians, as by their deed dated the second of Sep-
tember, one thousand seven hundred and sixty-two, and recorded in
the records of deeds for tlie county of Dukes County, shall be and here-
by are confirmed to said grantees respectively, and their respective
heirs, and be to them an estate in fee simple, as fully, to all intents and
purposes whatsoever, as if said grantees had obtained the liberty of tli(!
general court to purchase the same. [^Passed February 21 ; published
February 26, 1763.

• Signed February 25, according to the record.

G20

PxiovofCE Laws.— 17G2-63. [Chaps. 26, 27.]

CHAPTEK 26.

AN ACT TO EXEMPT THE PEOPLE CALLED QUAKERS FROM THE PEN-
ALTY OF THE LAW FOR NON-ATTENDANCE ON MILITARY MUS-
TERS.

Preamble.

Quakers ex-
empted from at-
temlirig military
imiKtors.
1757-58, chap.
20.

(/Ontinuance of
the act.

Whereas the people called Quakers profess themselves conscien-
[t][c]iously scrupulous of attendiug in arms at military musters, —

Be it therefore enacted hy the Governor^ Council and House of
Represe ntatives,

[Sect. 1.] That such of the inhabitants of this province as are
called Quakers, and who shall appear to be such, according to a rule
laid down bv a law of this province made in the thirty-first 3'ear of his
late majesty King George the Second, intituled "An Act further to
exempt persons commonly called Quakers and Anabaptists from pa^'ing
ministerial taxes," shall, during the continuance of this act, be ex-
empted from the penalty of the law for non-attendance on military
musters.

[Sect. 2.] This act to continue and be in force until the first day
of July, which will be in the 3-ear of our Lord one thousand seven
hundred and seventv, and no longer. [PassecZ February 2-1: ; published
February 26, 17G3."*

CHAPTER 2 7.

AN ACT IN ADDITION TO THE ACT MADE AND PASSED IN THE
EIGHTH YEAR OF THE REIGN OF HER LATE MAJESTY QUEEN
ANNE, INTIT[C;jLED "AN ACT FOR REGULATING OF DRAINS OR
COMMON SHORES."

Preamble.
nO'J-10, chap.
§3.

12 Allen, 239.

Whereas, in and by an act made and passed in the eighth year of the
reign of her late majesty Queen Anne, intit[«]led " An Act for regu-
lating of drains and common sliores," it is enacted, among other things,
" that it shall and may be lawful to and for any one or more of the
inhabitants of an}' town, at his and their own cost and charge, to make
and lay a common shore, or main drain, for the benefit of themselves
and others that shall think fit to join therein ; and every person that
shall afterwards enter his or her [)articular drain into such conniKni
shore, or main drain, or by any more remote means receive l)enelit
tlierel)y. for the draining of their cellars or lands, shall be obliged to
pay unto the owner or owners of such common shore, or main diaiu. a
proportional lie part of the charge of making or repairing the same, or
so much thereof as shall be below the place where any particular drain t
enters thereinto, at the judgment of the selectmen of the town, or
major part of them ; " and irhereas it frequently happens that the main
drains, or coininon shores, decay and fill up. and the persons immediately
affected therein- are obliged to repair such common shore to prevent
damage to themsi'lves and others whose drains enter above, as well as
below, them, and no particular provision is made by saiil act to compel
€U(h i)ersons as dwell above that part where common shores are re-
])aiied, and have not sustained damage, to pay their i)roportionalile
share thereof, as shall be adjudged b}* the selectmen, nor in what man-

• Signed and publishod Fobrunry '_'.'5, 17(i.1, according to tlic record and printed

SM'tM. ■

t " Joins or" omitted.

[So Sess.]

PiioviNCE Laws.— 17 ■2-03.

C\>\

ncr tlie same shall be rccovcM-cd, which has alrcad}- occasioned many
disputes and controversies ; wherefore, for preventing the same for the
fiilnie, —

Be it enacted bif the Governor^ Council and House of Representu-

til'PS,

[SiXT. 1.] That whensoever it shall hereafter hapi)en, after the
second day of April next, that any common shore, or main drain, is
stoi)ped, or gone to decay, so that it will be necessary to open snch
common shore, or main drain, to remove snch stoppage, and repair it,
not only the person or persons who shall so do, or cansc the same to be
done, bnt all others whose drains enter, either above or below, such
connnon shore, or main drain, or receive an}- benefit by said common
shore, or main drain, shall pay such a proportionable part of the whole
exi)ence of opening and repairing the common shore, or main drain, as
shall be adjudged to them by the selectmen of the town, or [a] [fhe^
major part of them, to be certif [i][//]ed under their hands ; and if an}-
person or persons, after such cei-tiiicate is made, shall refuse to pay the
same, within ten days, to the person so appointed l)y the selectmen to
receive it, being duly notif [ie][v/']d thereof, he shall be liable and
subject to pa}- to such person appointed, double the sum mentioned in
such certificate, and all costs arising upon such refusal ; and such per-
son is hereby fully authorized and [e][/]mpowered to bring an action
or actions for the same accordingly.

Provided, ahvays, —

[Sect. 2.] That the person or persons who have occasion to open Proviso,
any common shore, or main drain, in order to clear or repair the same,
shall first notify all persons who are interested therein, that they may
have an opportunity of making their objections against such persons'
l)roceeding[.s], and laying the same before the selectmen: and if the
selectmen, or major part of tiiem, judge their objections reasonable,
then such person or persons shall not he obliged to pay any part of the
charge thereof; but if they do not make their objections in person, or
wiiting, within three days after warning given, or the selectmen, or the
major part of them, determine their objections not of sufficient force,
then such person or persons may (having first liberty therefor, under
the hands of the major part of the selectmen) proceed to open such
common shore, and clean and repair the same ; and all interested in
such common shore, or main drain, shall pa}- their proportion as is pro-
vided in this act.

Provided, also, —

[Sect. 3.] That nothing in this act shall be construed or understood Proviso.
to set aside or make void any covenants or agreements already made,
or that hereafter maybe made, among the proprietors of such drains or
common shores.

[Sect. 4.] This act to continue and be in force from the last day
of March next, to the second day of April, one thousand seven hundred
and sevent}*, and no longer. i_Passed February 24 ; published Febru-
ary 20, 1703.*

PtTBons rocciv-
irm l)ciielil l>y
coiniiioii HcwiTs,
to ])ay tlii'ir
propurlioii for
cIcniiKing.

Continuance of
this act.

acts.

Signed and published February 25, 1763, according to the record and printed

622 Province Laws.— 1762-63. [Chaps. 28, 29.]

CHAPTER 28.

AN ACT IN FURTHER ADDITION TO AN ACT FOR THE ORDERLY
CONSUMMATING OF MARRIAGES, MADE AND PASSED IN THE
FOURTH YEAR OF THE REIGN OF THEIR LATE MAJEST[Y][/£]S
KING WILLIAM AND QUEEN MARY.

Pivambie. Whereas there are several parishes within this province that have

ii?j2-93, chap. l)een, and hereafter may be, made out of two adjacent towns or more,
127 Mass. 463. and the settled and ordained ministers in such parishes have not power,
l\y law, to solemnize marriages in those j^arts of their respective par-
islies that do not belong to the town in whicli they tliemselves dwell,
which, in many respects, hath been found by experience to be A'crv in-
convenient ; wherefore, —

Be it enacted by the Governor, Council and House of Representa-
tives,
Ministers em- That the powcr granted to ministers to join persons togetlier in mar-

powcre.uomar. j.jao;e be hereby reiri1iilfii'2;ed ; and that every settled and ordained

ry ■without their ^. . "^ „ \ — • i it- • i • • i

parishos. minister m any oi the parishes and districts in tins jn'ovince, tliougli

they may be composed of parts of several towns, shall be and are
hereb}' fully authorized and impowered to solemnize marriages betwixt
persons that may lawfully enter into such a relation, within the bounds
of their respective parishes, in as ample a manner as they may law-
full3' do in the several towns in which they dwell. \_Passed February
24 ; * published February 26, 1763.

CHAPTER 29.

AN ACT IN ADDITION TO AN ACT INTITULED "AN ACT AGAINST
ADULTERY AND POLYGAMY."

Preamble. WiiEKEAS in and b}' an act made and passed in the sixth year of

1004-95, chap. 5, King William and Queen Mary, intituled "An Act against adultery
and polygamy," it is, among other things, enacted, '• That if any man
be found in bed with another man's wife, the man and woman so
offending, being thereof convicted, shall be severely whipjicd, not ex-
ceeding thirty stripes, unless it api)ears upon trial that one jiartv was
surprized and did not consent, which shall abate the jnuiishinent as to
such party ; " for the more etfectual i)reventing the crime aforesaid. —
Be it enacted by the Governor, Council and House of liepresenfa-

tiVfS,

ivniiiv fora Tliat wlicu and so oflen as any })erson shall be convicted of the

iiiiin'H boini,' in ciiuie aforesaid upon any law or laws of tliis province, it ^\vM and ina}'
cr'^wifc. """"'' '»' lawlul for the justic(?s of the court of assize and genei-al goal de-
livery, before whom such conviction shall be had, to sentence such
offender to i)ay a fine not exceeding one hundred pounds, and in de-
fault thereof to be imprisoned not exceeding six monlhs. or b(> wiiipped
not exceeding thirty stripes. [_Passed February 24 ; * published Feb-
ruary 26, 17G3.

• Signed February 25, according to tlie record.

[3d Sess.]

Province Laws.— 1702-G3.

()-2:3

C II A P T E K 3 0.

ACT TO SUPPLY THE TREASURY WITH THE SUM OF THIUTV
EIGHT THOUSAND SIX HUNDRED AND FIFTY POUNDS.

Whereas it is nccessarv, in order to su[)port tlio faith and credit of Preamble,
the government, that further provision be made by the geneiivl court
to enable the treasurer to discharge the recei[)ts or ol)Hgations l>y him
given in behalf of the province, that will become due in June next, —

Be it enacted by the Governor, Council and House of Jiepresenta-
tives,

[Sect. 1.] That the treasurer be and he hereby is directed and Treasurer em-
riirelmpowercd to borrow, of such ijcrson or persons as shall appear P"wero<i lo bor
ready to lend, a sum not exceeding thirty-eight thousand six hundred
and lifty pounds ; and for ever}- sum so borrowed the treasurer shall
give his receipt or obligation, in the form following : —

Province of the Massachusetts Bay, the day of , A.D. 170 . Fonnoftrcns-

Borrowed and received of the sum of , for the use and "'''''''' '^'i;'''!"-

service of the province of the Massachusetts Bay; and, in behalf of said \H-i)y-
ince, I do hereby promise and oblige myself and successors in the otlii-e of
treasm-er to repay to the said or to his order, on the twent[y][(]elh

day of June, [1706], [^A.D. one thousand seven hundred and si.i:ti/-slj-^, the
aforesaid sum of , in Spanish niill'd dollars at six shillings each, or

in the several species of coined silver and gold enumerated in an act. made and
passed in the twenty-third year of his late majesty King George the Second, 1749-50, cbnp._^
intituled " An Act for ascertaining the rates at which coined silver and gold,
English haKpence and farthings, may pass within this government," and ac-
cording to the rates therein mentioned, with mterest, annually, at six jwr cent.
Witness my hand. H. G., Treasurer.

A. B.,)

C. D., >• Committee.

E. F.,)

[Sect. 2.] And the treasurer, in issuing said rccei[p]ts or obliga-
tions, and the committee chosen to countersign them, shall observe and
be governed b}- the rules and directions given them b}- an act of this
province, made in the second year of his present majest3's reign, inti-
tuled " An Act to supplv the treasury with the sum of twenty-live
thousand pounds;" and no receipt shall be given for less than six
pounds.

And be it furtJier enacted,

[Sect. 3.] That the said thirty-eight thousand six hundred and fifty
pounds, when received into the treasury, shall be applied by the treas-
urer for the redemption of government securities that will become due
bj' the last da}- of June next.

And in order to draw said money into the treasury again, and enable
the treasurer effectualh- to discharge the receipts and obligations (with
the interest that ma}- be due thereon) b}- him given in pursuance of this
act, —

Be it enacted,

[Sect. 4.] That there be and hereby is granted unto his most excel-
lent majesty a tax of forty-five thousand six hundred and seven pounds,
to be levied on polls, and estates both real and i)ersonal within this
province, according to such rules, and in such proportions on the sev-
eral towns and districts within this province, as shall be agreed on and
ordered by the general court or assembly at their session in May, one
thousand seven hundred and sixty-five, and to be paid into the pul)lic
treasury on or before the last daj- of March then next after.

1761-62, chap.
23.

Jfoncy bor-
roweil, liow to
be applied.

Tax of £45.007,
grunted in 17C6.

624

Province Laws. — 1702-08,

[Notes.]

Rule for appor-
tionini; tin; tax,
in case no tax
act sliall be
agreed on.

ProviBO.

And be it further enacted,

[Sect. 5.] That if the general court, at their sessions in May, one
thousand seven hundred and sixty-five, and some time before the
twentieth da}- of June in said year, shall not agree and conclude upon
an act apportioning the sums which by this act are engaged to be in
said year apportioned, assessed and levied, then and in such case each
town and district within this province shall pay, by a tax to be levied
on the polls, and estates both real and personal within their limits, the
same proportion of the said sum as the said towns and districts w ore
taxed by the general court in the tax act then last proceeding.

[Sect. 6.] And the province treasurer is hereby fully [i][c']mpow-
ered and directed, some time in [the] saitl month of June in the same
year, one thousand seven hundred and sixty-live, to issue and seiul
forth his warrants, directed to the assessors or selectmen of each town
and district within this province, requiring them to assess the polls, and
estates both real and personal within their several towns and districts,
for their respective parts and propoitions of the sums before directed
and engaged to be assessed, to be paid into the treasury on the afore-
mentioned time ; and the assessors, as also the persons assessed, shall
observe, be governed b}-, and subject to, all such rules and directions
as shall have been given in the last preceeding tax act.

Provided, cdways, —

[Sect. 7.] That the remainder, if any there be, of the sum whicli
shall be brought into the treasury b}' the taxes ordered by this act to
be assessed and levied, over and above what shall be sufficient to dis-
charge the receipts and obligations aforesaid, shall be and remain as a
stock in the treasury-, to be apijliod as the general court of this prov-
ince shall hereafter order, and to no other purpose whatsoever. [^Passed
February 25 ; j^^blished February 2G, 1703.*

Notes. — All the puljlic acts of this year wore printed: chapters 12 aiitl 20 sejiar-
ately; and the engrossments of all the acts, public and private, are preserved, ex-
cept of chapters 1, 7, !•, 10 and 12, the, first four of which have been compared with
the record of acts in the Secretary's oliice.

The followinjj are the titles of tln^ private acts jiassed this year: —

"An Act conliriiiing the Christian name of Ann Baker of Dorchester in tho
Connty of SnITolk Widow notwithstanding the Mistake therein." — [Passed Fcbniarif
17; p'lMinhrd Fcbniorij 'M, 17().').

"An Act to enable the surviving Executors of Edward Jackson Gentleman de-
ceased to dispose of part of his Ileal Estate in Shutesbury in the County of Hamp-
shire."— [Paused Fchniari/ 2i; imhlishod Fvbnutni 2(!, 17()3.

" An A<'t to enable Faith (jookson Wife of Obadiah Cookson to make Sale of cer-
tain Lands in tlie Township of Rutland set olf to her pursuant to the Will of her lato
Father Cornelius \\'aldo Es(f." — [Pn!>Ki.d Fchrn'irif 24; inihlislied Fchniari/ 2(i, l~iV.i.

The iicts of the lirst session were duly .ccrtiruMl for transmission, July <>, 17()2.
They were delivered to the clc'rk of the Privy ('ouucil, in waiting, on the 2tSth of
September following, and the next day weri' referred to tho committci^ on jilanta-
tion affairs, who, in turn, on flic fifth of ()et()l)cr, referred them to the Lords «>t
Trade. No record of a(ttion ujion them by th(; I'.oard, has been found until Novem-
ber 17, when the Secretary informed tli<' Txiard that they *' were with Si" Mattlicw
Lamb, for his Opinion thereuiion in point of Law." Tliis opini(ni was given to the
Board .lamiary 10, n^Y^, and (H)ntained no i)bjection to any of these acts except to
chapters 4 ami 8, as shown in tho note to the latter chapter, po.s/. See, also, noto
to 17(Jl-(;2, aiilr.

The acts of the second session were certified for transmission, September 2r>, 17()2.
They were delivered, by order of the Ixirds of Trade, to flic clerk of the I'rivy
Council, in waiting, December 14, referred, the next day, to the committee on jilan-
tation affairs, and, l)y tho latter, referred liael\ to ilw Lords of Trade, December 17,
17G2.

Tho acts of the third session, inidudiiig the pri\ale uels. w.-ve c(>rtiHcd for trans-
mission, March HO, 17ii:!. Tlx'y were deli\-eri'd to Ihe clerl< of tlie I'rivy Council, in
waiting, June .'!(), and, on the seventli of .luly, rererr<Ml to the conmiittee on plania-
tion affairs, who, in (urn, referred them to tlu^ Lords of Trade, two days later. Tho
Lords of Trade received them Jtily 1"!, read them on the l.'ith, and iuuncdiafcly re-
ferred Ihem to Sir Matthew Lamb. The latter rei>orted, September 22, that h(! had
no objection thereto in point of law, which report was read by the Board, October
14, 17G.'{, " and no material objection or observation occurring upon them it was

• February 25, 170.1, according to the printed acts.

[Notes.] Provinck Laws.— 1702-0:;;. 625

ordered that sui'h of tlioiii as uro. not expired hy tlunr own limitation should lye
hy probationary until the further elTect of them siiall have hcu'n known."

As no record of further aetion has been found, on the aets of this year (excepting,
perhaps, the aets ineorporatiuji towns), by tlii,- I'rivy Council, it is to be presumed
that tlioy received a virtual api)roval by lapse of time.

('Imp. 2. " Nov. 18, 17()1. A Petition of James Craige of the West Wing Precinct
of Uutlaud in the name and behalf of the said Precinct— Praying that a Tax of four
jienco jl ' Acre be laitl on all the Lauds therein for live years, that the Inhabitants
may bo thereby enabled in some; mea-sure to build a Meeting House and support the
Pui)lie Worship in thi' saiil Place.

In Council Head a.^iain tOLrethcr with the Answer of sundry of the non resident
Proprietors. And Ordereil That Samuel Watts and John Erving Esq'" with such iw
the honorable House shall join be a Committee to take the same into consideration
and report.

In the House of Rei>resentatives Read and Concurred and Col" Murray, M'' Reed,
and Col'J Gerrish are joined in the Affair." — Coiincil Jiccunls, vol. XXIV., p. 110.

" Nov. L'l, 17()1. John Murray Esq'' from the House of Representati\es came up ^

to till! Roard with a .Message to desires that the Petition from some of the Inhabitants
of Leicester and Rutland may be sent down to tlu; House.

Gamaliel Bradford Esq'' from the Roard went down to the House of Representa/-
lives with the said Petition." — 7^/'?., ]i. L'iO.

"Nov. l.*5, ITUl. Uptni the Petition of James Craigo Praying as entered the 2<l of
June last, ami afterwards committed to a Committee of both Houses the following
Vote i>assed viz'

In Council — The Committee upon the foregoing Petition having reported accord-
ing to order — Read and Accepted and Ordered Tiiat there be and hereby is allowed
to be raised two pence a year for three years next ensuing and one p(;uny a year
for two other years next after, upon each Acre of th(^ Lands of the nonresident
Proprietors of the Precinct in the West V\'ing of Rutland to enable them to build a
Meeting House for the Public worship of God and lor the supjiort of the Gospel
minister in the said Precinct And the; said Precinct are hereby authorized and im-
jiowered to appoint suitable Persons to assess and collect the Taxes aforesaid. In
the House of Representatives Read and Concurred Consented to by the Governor."
— Ibid., p. 137.

Chap. 3. See 1763-(J4, chapter 10, note.

Chap, 4. " Jan. .31, 1703. A petition of a number of the Proprietors of Chester-
Held, part of them being Projirietors also of Land in a Tract called the second addi-
tion to th(! Townshi[) calUnl Number Four, which Tract of Land is bounded East-
erly oji the Township of Deerlield, Northerly on Hunts Town, Westerly on one of
those Tracts of Land lately sold l)y the Government called Number Five, and
Southerly on ChesterfieUl containing about Three Thousand Acres Setting forth,
That the said Tract is too small for a Township, and that all the Proprietors thereof
as well .as the Projirictors of the Town of Chesterfield are desirous that the said
Tract of Land should hv annexed to the Town of Cliestertield, and that it dos not
lye eommotliously to be annexeil to any other new Plantation, And Praying that the
same may be anni^xed to Chesterfield accordingly.

In \\w Hous(f of I'epresentatives Read and Ordered That the Prayer of the Peti-
tion b(! granted: and that the Lands mentioned in the Petition be, and are hereby
annexed to the Town of Chesterliekl and the Inhabitants and Possessors of the said
Lauds to do duty and receive priviledge therein. In Council Read and Concurred
Consented to by the Governor." — Council Records, rol. XXIV., p. 5;>8.

See 17G3-;ii, chapter 10, post.

Chap. 0. " June 21, 1705. A Memorial of Charles Harrison Esq"" — Setting. forth —
That he purchased at Philadelphia ten Notes nf £i) each issued by the Treasurer of
this province dated 'iO"' May 1700 and endorseil by Royall Tyler Esq'' payable with
Interest on orbefcne the 20"> June 17(Jl, but tiiat upon i)resenting them to tlKsTreas-,
\n-or ho wa.s informed that by an Order of this Gox'erninent the interest had ceased
;il^' October 1702. That he then living; at Pliiladeliihia was ignorant of the .said
Order, and did not imagine that Iks had a right to demand paj'ment till after the
20"' June I70.'5. And praying that he may be allowed Intmest a: cordingly.

In the House of Representatives, Pead and Ordered that the sum of Ninety
pounds be paid out of the public Treasury to tin; Miimorialist, being the jirincipal
of the Notes within mentioned: And the Interest that shall appear due on the same
'till the 2U"' of June 1704. In Council, Read and Concurred. Consented to by the
Governor."— CV(/n'(/ Iiicord.-<, n.l. XXVI., />. iH.

" Oct.."l, 170j. a Petition of John Still Winthrop Esq"" of New London setting
forth— That on the 2S'i' of August 1701, He lent this Government Six hundred
pounds, and took M^ Treasurer (!ray's Note for the same payable by the 20"' of
June 170-") with Interest annually 'till jiaid. That only one years Interest has been
)>aid on said Note, and that an ()rder has since passed for calling in all the Notes of
that form and exchanging them for Notes of a new f(irm on jienalty of losing the
Interest: that by reason of his distance he was unacquainted with said Order
whereby he i^ like to lo<e the rest of the Interest, unless aided by the Government
who have had the use of his money. And i>raying Relief.

In the House of Reiiresenta'ives. Resolved that the Treasurer be directed to
]x\y .lohn Still Winthrop Esq'' the whole of the Interest of the Note mentioned in
ills Piiiiioa to the 20"' of June last, he living out of the Province and not informed

626 Province Laws.— 1762-63. [Notes.]

of tlie Order of this Court passed in October 1762— In Council, Read and Con-
curred Consented to by the Governor." — Ibid., p. 97.

Chap. 8. " Jan. 15, 1750. A Petition of Samuel Webb and Others, Inhabitants of
a Place called New Marblchead — Setting forth the difficulties they labour under, for
want of having the Gospel preached among them, and the inability of the Inhabit-
ants to support it; that the Proprietors, sixty in number are all excepting four Nou
Residents, who refuse to be at any expence to obtain a settled ^Slinistry in the Place
— And praying that <a Tax may Ije laid upon the Non Ilesident Proprietors Lands in
said place for building a Meeting House, and supporting a INIinister; and that the
TnhabiTants may be impowered to raise money among themselves for the Support of
a School ; and other purposes.

In the House of Representatives. Read and Ordered That the Petitioners notify
the Non Resident Projirietors of the Township of New Marblehead of this Petition
by inserting the Substance thereof in one or more of the Public Prints for three
weeks successively, that they shew cause (if any they have) on the second Wedne.s-
da3' of the next Sitting of this Court why the Prayer thereof should not be granted.
^ In Council. Read and Concurred." — Council Records, vol. XXII., p. 487.

" .Ian. 8, 17(il. A Petition of the Grantees of a Township called New Marble-
head — Setting forth That in Obedience to the Order of this honourable Court in
October A.D. 1758, they sent to the said Township Mess"^^ John Wright and Samuel
Turner with Orders to take an Exact Account of the state of the said Township and
the progress made by each Grantee towards a Settlement; who made Report upon
Oath, which was laid before this honbie Cotirt, whereb.y it Appears that Twenty
nine of the Grantees had settled Families there, (A List whereof are hereunto
Annexed) the other Grantees (tho all of them but N" 4 drawn by George Pigot) have
Cleared lands on their respective Lotts, they have not settled Families there, by
which Neglect the few Families there, have been exposed to great ditficulties.
Thajt, this small settlement have for many Years past dwelt there, without any Set-
tled Gospel IMinister or any Civil Government among them. That the Grantees,
find it necessary that a further division of a set of 100 Acre lotts be laid out there,
which ran't be Effected with any certainty until they Obtain a Settlement of the
Boundary Lines betwixt the said Grant, and the Towns of Falmouth and North
Yarmouth on which they Joyn, "which they apprehend cannot lie Effected but hy
the Aid of this IIou*'''^ Court. Pra.ving that the twenty nine Settled Numbers be
Confirmed to the respective Grantees and their heirs. And the Non Settlers be
conipeled as soon as may be to Compleat their Settlements. That the Settlement of
the said Boundary Lines may be Ordered, and that the Inhabitants there may be
Incorjiorated into some order of Government, and as the Original home Lotts were
laid out but 10 Acres (to make Settlement Compact and defensible) which has greatly
hurt and discouraged the said Settlement and that the Non Settlers may not be
Compelled to S('ttle on said 10 Acre Lotts, each of them having an 100 Acre Lott
Adjoyning to tho said home IjOtts already laid out, which will better suit them— and
also Praying that Lott N^ 44 in said Township may be appropriated to the Ministe-
rial use.

In Council; Read and Ordered That John Chandler Esq'' with such as the hon-
ourable House shall join be a Committee to take this Petition under consideration
and report what they judge i)roper for this Court to do thereon.

In the House of Rcilrcsentatives; Read and Concurred and Col" Clapp and Major
Cushing are joined in tin; Affair."— /^jiV/., ml. XXIfl., p. 57(!.

" Jan. '_'(), 17(!I. The Committee appointcnl the 8"' of January Instant oti the Peti-
tion of the Grant<'es of New JNIarlilehead made the follciwiiig Report Viz'

Tlu! Committee; to whom was referred the within Petition hunibly report as their
Opinion that the Rights belonging to the twenty nin(! persons contaiiu'd in the .\n-
nexed list be conlirmed to them their heirs and Assignes forever, and iliat the Plan-
tation be Erected into a District. That the other Original Admitted Settlers in- those
who hold under them being Thirty on(>, be allowed one Year from this time, to eom-
])ly with th(> Conditions of tlu; (Jrant, and such of them as do not; their Sujiposed
Sliares or Plights revert tt) the Province, and b(> disposed of as this Court shall
Order, that ji Couunil tee lie appointed, at the Charge of the P<'titioners to tix and
ascertain the liounds of the Plantation adjoyning to the Towns of Falmouth and
North YannoiUh th(\v giving proper Notic(> of the time of their Meeting for that
l>iirpos(!— and that the SchoU Lott N" 44, be ap|>ropriated for the Encouragement of
the next or<lain'd AMinisler amongst them reserving four Acres th(>reof fen- Erecting
a Meeting Ilous<; on, and for other I'ulilick uses, and that pnjvious to the laving out
unv further I)ivision,a hundred Acri's of good land he laid out for the use of a
Sciiool in Lieu of said Loll X" 14 \l'' order of the Com'™ John Cii.VNnr.KU.

In ('ouncil Ucad and .Accepted and Ordered That Richard Cutt Esquire with such
nstlu! hononralile House; .shall join he a Committee to run the Lines mentioned in
said Report.

In the House of Representatives; Read and Concurred and M' Bradbury and D^
Saver are; joined in tho Affair.

Consented to by llu; (Jovernor." — Ibid., p. 012.

"Nov. 27, 17(il. In Council. Upon the Petition of Nathan Bowen and others
Grantees of a Townshiii called New Marhlehead in the County of Cumberland, ami
Jlie Report of a Coinmiltee of the General Court Ihereeui, Resolved anil ()rder(>d.

That the Rounds between tin; said Township of New Marlilehead and the Towns
of I'almouth and North Ynrmonlh be as follows vi/.', Beginning at a littU; white
Rock by the water side in Casco Ray running Northwest ninety live rods to the
Slinnp of a rcil oak tree which was formerly marked F. ancl from thence Norilnvest.
on the line between the Towii.s of Falmouth and Nt)rth Varn;outli eight miles to a

[Notes.] Province Laws.— 1762-63. 627

Pine tree marked F. for the Norfhwost cornor of the said Town of Falmouth and
from thence the lines between said Towns of Fahnoiith and the said N(!W Marblchead
to run on a strait line to come lifteen rotis to the Eastward of a Brook called Inkhorn
Brook, below the mouth cf the said Brook where it enters into the Iliver called
I'esumjiscot River to run ajjain from the said Pine Tree on tlu; line of Falmouth
ninety five rods to the Soutiieast corner of North Yarmoufh being a stake, and from
thence Northeast three miles on the Bounds between North Yarmouth and New
^larblehcad to the line of New Boston, and that the Ijines between New Marble-
head and the Towns of Falmouth and North Yarmouth be fixed and established as
bcforementioned.

It is further Resolved and Ordered That Lot N" 1, in the second hundred acre
of division of Ivots in tlie said Townshijiof New Marblchead, which lyot is bounded
on the fifty fifth and fifty sixth Ijots in tiic first division of hundred acre Lots bo set
off and established for a School Lot in tlu^ said Township in the room of the forty
fourth Lot which was taken from the School for the Minister. In the House of
Representatives Read and Concurred Consented to by the Governor." — Ibid., vol.
XXIV., p. loO.

"April 2L 17G2. In the House of Representatives; Voted that the Committee
ai^jxiintcd by this Court at their last Session to run out the lines of the Towns of
Bitldcford Scarborough and Falmouth and to fix th(^ bounds of the Township
of Xarraganset N" 7, Narragansct N" 1 and Pi(!rsontown, be and they hereby are
ordered and directed to fix the bounds of cai'h of the Townships of New Marble-
head; New Boston and New Glocester; the (.'ominittee to observe; the same direc-
tions as mentioned in the Vote appointing them a Committee as aforesaid. The
charges to be born as expressed in the same Vote. In Council Read and Concurred
Consented to by tiie Governor."— //;(>/., p. ;{,")•'{.

" — I mustobserve to Y'our Lordships that there are amongst them several Acts for
erecting Parishes into Districts and Towns and investing them with the like Powers
ami Privilcdges that Towns in this Province by law enjoy; Only in some of these
Acts, that of sending a Representative to the (Jenerai Assembly is iiarticularly
excepted. But in some of them the jiowcrs are gcn(.>ral without any such exc(>ption
which I apprehend .should be in all of them to prevent any doubt or claim that may
arise in this Province in respect to those Towns that are not under such exceptions
in their respective Acts." — From Sir M. Lamb's opinion, 1o the Lords of' Trade, on
acts of 17G1-2; Jan. 10, 17().3: "Mass. Bay, B. T.," vol. 78., L. L, 43, in Public-Record
Office.

" Sir, Having had under our consideration the Acts passed in Massachusetts Bay
in 17t;i and 17(32, AVe have found amongst them no less than seven* (a List of the
Titles of which is inclosed) for erecting new Towns and giving such Towns all the
Privilcdges of other established Towns in the Province.

As it does not appear to us, whether these new Towns will ])y this form of Consti-
tution he entituled to Representatives in the General Court, We shall suspend any
determination upon them until We shall have received from you full information
upon this point, to which end and that We may know with certainty and precision
what is the constitution and i>ractice of the Province in this case. We nuist desire
that you will hjse no time in transmitting to us an exact List of the several Towns
and I'laces which send Representatives, distinguisliing tiie number which each place
sends when and by what authority the right of Representation was first establish'd
and in what way this right Takes place whether by Petition to the General Court or
by direct apjilication to the Governor.

As the knowledge of these matters is essential to His Majesty's Service, We desire
you will be punctual in your obedience to our directions of the want of which in other
Cases we have but too ranch reason to complain, not having yet received from you
any answer to our General Heads of Empiiry, transmitted to you so long ago as the
2S of April ITtJl and wliicli Answers arc; in the present state of Affairs very materi-
allv necessarv for our Information." — Lurds of Trade to <Jtn\ Bernard, Feb. 8, 1703 :
" J/«.ss. Bay, J5. T.," vol. m, p. 1.5L in Piibli'-Record Office.

"Feb. id, 17<):5. The following Report was made by tlie Committee appointed for
the purposes therein mentioned viz'

The committee of both Houses herein last bcforementioned having carefully
viewed the Plans of the several Townships called Narraganset N" 7. Narragansctt
N" 1, Pearson Town, New Marblehead, New Boston anil. New Gloucester, w ith the
Lines and Boundaries of the same and of the Towns of Biddcford, Scarborough and
Falmouth as run and fixed by a (lommittee of this Court appointed in February
livst anJ describe<l in the Plans aforesaid; having also perused th<! Petition of the
Proprietors of the Town of Scarborough and other Pa))ers committed to Us, and
heard and considered what the Parties cone^erned thought fit to offer in opposition
to, or support of the Proceedings of the said Committee touching the premises are,
upon the whole of opinion that the herein before written Report of the said Com-
mittee signed Richard Cut t be accepted, and that the T'lans of thi; several Townships
abovementioned therewith exhiliited, and the several Lines and Boundaries therein
described, be ratifyed and confirmed accordingly. Provided that the description of
the Boundaries of the Townships aforementioned in the Plans afori'said be not
understood or cfinstrued to affect or alter fl.e side line which divides the Town of
Scarborough from that of Falmouth; but the same shall remain as formerly stated. —
Which is humbly submitted if' Order— Sam' Danfouth.

In Coimoil Road and Acce|)tcd. And Ordered That the Lines and Boundaries of
the several Townships of Biddefonl, Scarborough and Falmouth, and Narraranset
N° 7, Narraganset No 1, Pearson Town, New Marblehead, New Boston and New

• Viz., Bornardeton, Sandlofit'ld, I'fmnlc'cii. Alliol, Tyriixjjbara, Chesterfield, and Windham.

628 Province Laws.— 1762-63. [Notes.]

Gloucester as laid down in the Plans exhibited by the Committee for running the
Lines of tlie said Towusliip be, and hereby are determined to be the Lines and
Boundaries of the said Townshiiis respectively; and tlie said Plans are hereby rati-
fyed and conlirrued, I'rovidcd that tlie description of the Boundaries of the Town-
ships aforementioned in the Plans aforesaid be not understood or construed to affect
or alter the side line which divides the Town of Scarborough from that of Fal-
mouth; but the same shall remain as formerly stated.

In the House of Representatives Head and Concurred Consented to by the Gov-
ernor."— Council lierordu, vol. XXIV., p. 50(1.

Feb. 15, 171)3. In the House of Representatives; Ordered That the Expence of the
Committee appointed by the General Court in February 17G2 to run out and fix the
Bounds of nine Townships in tlie Counties of York and Cumberland, the ballance
of whose Accounts amounting to the sum of One hundred and fourteen pounds 11/11
Signed by Richard Cutt be paid aa follows

Falmouth £16, 7, 5

Scarborough 16, 7, 5

Biddeford 8, 7, 5 ,

Pep[>errellborough 8, - -

Gorham Town 16, 7, 6

Pearson Town . 16, 7, 6

Windham , .... 16, 7, 5

The Province 16, 7, 5

£114, 11, 11

Each of the above Towns to be Taxed for the same in the next Province Tax Act
unless any of them shall pay their proportion as aforesaid into the Province Treas-
ury before the issuing of said Tax; and that the wliole sum be now paid out of the
Province Treasury to said Richard Cutt Esqi" in full discharge of said Account, and
by him to be paid to those to whom the same is respectively due. —

In Council Read and Concurred. Consented to by the Governori" — Ibid., p. 585.

" I have received your Lordships letter of Feb'"^' S"' requiring a full information
concerning the constitution of the Hous(i of Representatives of this Province. This
I shall state to Your Lordships with all the precision I am able to do.

By the Charter every Town is impowred to elect two Persons to serve for and
represent them in the General Assembly. But by an Act of the 4"' of Will & Mary
cap. 19 No Town is allowed to send two Members but what has 120 freeholders.
Every Town that has 40 freeholders is obliged to send one Represent^* A Town
that has above MO and under 40 freeholders may send a Representative or not as
they please; A Town under ."0 freeholders may send a Representative or join with
the next in the choice of a Representative; Boston alone is allowed to scud 4. By
an Act of the 5"^ of Will and Mary cap. 11, the qualification of a voter is declared
to be his giving oath that he is worth 40 pounds sterling or a freehold estate of 40
shillings per ann:

If according to this regulation Every Town should avail itself of its utmost power
to send Representatives, the number would be very large indeed. But as the send-
ing a Member is a burthen upon a Town instead of being exerted, it is avoided a.s
much as possible, so that it scarce ever hajipeus that a Town which has a right to be
excused sends a representative: and of those, which are obliged by law to send one,
a great many make default; that it is freqiumt for the House of Representatives to
fine Towns for not sending Members, (see Votes jia. V2.) Your Lordshijis will see at
the l)(!giniiing of the Votes of each year a List of the Towns sujtposed to send Mem-
bers distinguishing who have made returns and who not: These are not correct, but
near so enough to form a calculation. In the list in 1"(>"_', being the last return, there
appear to bo 1()8 Towns (reckoning joint Towns as one) which are supposed to be
obliged to send Members of which ()4 have made default ami 104 have returned: Of
these last only 4 have sent more than one Member, so that there ajipears to be 110
(including the supernumeraries of the four Towns) Representatives returned. I will
suppose that niiicli the gr<'ater ))art of these Towns have a right, if they please, to
send two Itcpn^sciitalivcs and that tlicrc are many other Towns not named in this
List which have- a right to send one reiircsentative: so that the House is capable of
a cnjat increase evcui though there was no new settled (^ouiitry to contribute to it.

I wrote to Your Lordships upon the subject in a letter dated -Aug. ;!. 17(il which I
desire may bo r(;ad, as if inserted here, for which purpose I shall enclose with this
a triplif:ato of it. U|)on account of my representations in that letter Your Lord-
ships sent me Ids Majesty's relaxation of the instruction Altho' this left me at lib-
erty to conscmt to incorporating Townshii>s without any restriction yet I have
ol)S('rved the Instruction in all instances of carvings new Townshiiis out of old
ones, in which ease I have made it a rule that the New Town should join with the
old one from whiuice it was taken, in a Representative. An instance of this, the
Town of Great Barriugton lately constituted bv .\ct will alTord.

Since I liave received the relaxation of the instruction, the Bills for constituting
Townships in the new settled Counties have l)een silent in regard to their being
represented; of course they are left to tho Laws, wliich I have before stated. When
one of these Towns has a suflleient number of Freeholders, it is intitled to a precept
as a matter of riglit, But it is generally expecteil that they will deeline thatjirivi-
ledge as long ns they can, to avoid the expence of it. In short. My Lords, it were to
be wished that sonns )n-opcr method could be deviseil to limit tho general number
of Ilepresentatives, But it seems to me that it sliould bi- done rather by contracting
Ihoso of tiie old Counties than liy previ^iting a N<'w Connty Irom being com]i(\tently
represented.

[i\0Ti:s.] Puuvi.Ncii Laws.— 1762-63. G29

T don't appvi'lu'iul tliat tho dilVunlty of this Reform will bo so great in the plan-
ning the work as in tliu rc( onciling tlio pooiilo to an alteration wliich tends to tho
contracting their repiesentalinn. It uiight be douo ofTeclually by oidarging tho
nunilierof freeholders that shall give a Town a right to send one Member and as
for Towns that havt? not sneli a Nnnibcr to join them togtsther in cluising a Re])re-
sentativt! as many alr<'ady are. The ascertaining this nnmber will depiiiitl upon the
whole numlier oi freeholders in the I'rovinee, whii'h I shall endeavour to learn this
Summer and from tluMU'c may be ealenlated wliat number of freeholders should go
to the constituting a llepresentative to keep the House within a prui)er number of
liepresentatives."— 'j-'fH'. Uenutrd to Lords of Trade, Apr. oO, ITOiJ: "Mass. Bay, B. T.,"
vol. 7.S, L. I., 57,

See, also, notes to 17G3-C4, chapter 10, and 1765-GG, chapter 23, post.

Chap. 0. " At last Winter Session I had before me a Bill for punishing the coun-
tertieting Money and Treasurer's Notes, which I thought proiier not to consent to.
Among the reasons for my dissent one was, that the countertieling Treasurers
Notes was not made lapital As in all other parts of his Majesty's l)(jminions, that I
have observed, tin.' Ciovcrnment Securities are defended from Frauds by the penalty
of Death, I couhl not see why tlK)se belonging to this Trovince should not have the
same I'roteciion. And it is in my opinion that if you do not think |)roper to make
countcrlieiing the Treasuries Notes a capital Offence you had better not exact any
Punishment at all: For in this case it will only ajipear to be an Omission: in the
fornjer it will be a rubliik diminution of the atrocity of the Crime —

If you shall think proper to make the counterlicting Treasurers Notes a capital
Offence it will Vtv. best to do if in the Acts which imjiower the Treasurer to issue
such Notes (as was usual with the Government Securities in England until the gen- *
eral Law that made all Forgery cai)ital, pass'd) observing that the tirst Clause of the
kind has a Retrospect to the former xV^jts: And in such case, it will be proper to
order that notice of this penalty be engraved at the Bottom of the Copper plate — I
shall leave this Bill for sui>i)lying the Treasury witn Thirty five Thousand seven
hundred pounds in the hands oi the Secretary 'till You have determined upon the
Subject of this. — .l/cs.v/c of (Jor. Btvnard, to the Asscmhlij, June 9, 17G'_': Council Rec-
oci/.s, vol. XXIV.. p.AV\.

" June 11, I7tii.'. Thomas Gushing Esq"" and Others a Committee of the House of
Representatives came up to his Excellency the Governor with the following Mes-
sage Viz'

May it please your Excellency
The House have duly attended to your Excellency's Message of the 9'h Instant
respecting the Punishing the Counterfieters of money, and of the Treasurers Notes:
And after the most deliberate consideration thereof cannot but be of the same Sen-
timents respecting the I'unishment of this Offence, as the two last Houses, by whom
the Bill for this jturpose was passed.

The House Sir is very Sensible that the crime is very atrocious and that it might
he of very mischievous consequence to the Province to make a particular Provision
of a punishment so inadequate as in effect to be a Public diminution of the atrocitj' of
it. At the same time the House are very averse to a capital Punishment in any case
where the interest of the CJovernment does not absolutely require it: and as they
doubt not some other Puiushment than Death will be sufficient effectually to deter
from the commission of this crime, they can't give their consent it should be pun-
ished with death. And as they flatter themselves the Punishment provided for in
the Bill will be .Sufficient for this purpose, they are very d<;sirous the same may he
tried; and are ready to originate another like Bill; and assure your Excellency that
should future experience discover the Sentiments of the House to be ill founded,
they should be ready themselves, and doubt not any future Assembly would be
ready to inhance the Punishment so as to make it effectual to the purpose de-
signed."— Ibid., p. 42(i.

See, also, note to 17()1-G2, chaps. 28 and 29, ante.

Chap. 10. A grant of £200,000, to reimburse part of the expenses of all the colo-
nies in the campaign of 17(10. was voted bj' the House of Commons, January I'O,
17(il, in the .same form of words used in the previous grants. Mr. Bollan, who had
labored successfully to thwart a movement for reducing this grant, informed tho
General Court of the passage of the vote, in his letter of February 12, 1701 : ami he
had alreadj' taken measures to have the money so apportioned as to secure for Mas-
sachusetts compensation for expenses incurred in the campaign of ll'}'.> in excess of
her proportion. This extra expense was, chietly, the cost of maintaining garrisons
at Louisbourg and Nova Scotia during the winter of 17.")ii, and the spring of 1700, after
tlu! other troops, enlisted fen- the campaign, had returned home.

Gen. Amherst's returns, upon which the Lords of the Treasury had determined
to make the apportionment, altliough repeatedly called for by Mr. Bollan, in his
correspondence with the Secretary of tlie Province, were delayed so long that, upon
the suggestion of Mr. Manduit, after his appointment, the Lords of the Treasury
consented to apportion tin; grant according to the nnmber of troops and times of
service, of the respective quotas, as agreed upon by the colonial agents. The
agents, accordingly, agreed that flO.fjOO .should be retained by the Lords of tho
Treasury, to be held for future distribution, to jirovide for tlie adjustment of the
additional claim of Ma.ssachusefts when the fidl returns should arrive, and that, in
the mean time, the remaining £l'.0,(X)o, should be apportioned on the basis of tho
returns for the jirevious year. Under this arrangement Mr. Mandnit n-ecived £.")7,-
(■>02. fis. as the share of Slassachusetts. This sum was .paid July 2.S, 17t;2, at tho
office of the Paymaster-General, instead of through the Ex<liequer, as formerly— a

030 PpvUVINce Laws.— 1762-63. [Notes.]

change effected by Mr. Bollan, l)y \\lneli something \yas saved in fees, and the
trouNe of taking part pay in tallies, avoided. A year later Mr. Mauduit wrote to
the Secretari- tliat tlie £1U,000 was still undistributed, and that there was uo likeli-
hood that tlie disputes concerning it would be soon determined.

Mr. Bollan had received notice of bills overdrawn ujion him to an amount ex-
ceeding £:>,(X)0, and there were still others that had not been presented; so that the
amount of bills authorized to be drawn by the present act was larger than the ba.-
ance remaining in Mr. IManduit's hands, after setting aside a sum sufficient to meet
liabilities already incurred.

Upon the receipt of General Amherst's returns it appeared that Pennsylvania
and Connecticut had been lai'gely overpaid in the apportionment by the Lords of
the Treasury. The agent for the colony of ('onnecticut immediately agreed that
the amount received by that colony, in excess of her proportion, ought to be de-
ducted from that colony's share of the grant to reimburse the expenses incurred in
the campaign of ITiil, while the agent for Pennsylvania, as that province, according
to Gen. Amherst's return, had furnished no troops for the campaign of 17G1, anil
woiUd, therefore, not be entitled to any portion of the next grant, upon the recom-
mendation of the agents for all tiie colonies, agreed to rei)resent the case to their
constituents, " jiraying them that for the honor of the said colony and for sup[)ort-
ing the credit of their aginits Order might be taken to pay over in America, as soon
as may be to the treasurers of the respective colonies" * * " the sum of £]<I,'.1-17
sterling" in the proportion agreed upon— that being the estimated amount which
had been overpaid to Pennsylvania.

The whole expense to which Massachusetts had been subjected in the campaign
of ITUO, and towards tin; reimbursement of which the above apportionment was
made, was carefully computed, at the time, to be £18(i,.W2, 9s. li^d., and, of the 5,50^
men voted to bo rais(nl by this iirovincc, 4,!H)+ actually took the lield.

" June 18, 17()0. The Committee are further of Opinion, that some projier persons
be appointctl and directed to prepare an Account, or Estimate of the Charges in-
curred by this Province, in the last years Expedition against Canada and particu-
larly' of the Charge occasioned by the Detention of the Provincials at Louisbourg,
and'Nova Scotia after the last years Campaign was over. As also of the sums ad-
vanced out of the Province Treasury, for ]iayment of those of this Province tliat
were I'lnployed for manning his Majesty's Ships of "War, That an Estimate lie
made of the Expence arisen to this Province, on Account of the French Inhabitants
of Nova Scotia, which have been sent hither, and been supported in great measure
at the Publick Charge. And Whei'cas a Petition was sonu'time since presented to
his Majesty in Council, by th(! Agent fortius Province, Setting forth that divers
Cannon, Alortars, and souie Stores, which were taken from Castle William, and
used in liis Majissty's Service, at Oswego or on the Crown Point Expedition, were
not r(>turned, that others of the Cannou at Castle William were defective, and not
, to be depended on, and that for the jtroper strength of the Place, a greater Numlier
of the larg(;r Cannon was reipiisite, and there upon prayed, that the Cannon ar.d
Stores thence taken might be rej)laced, and such a Sujiply of Cannon and stores
might be granted for SiVengthening llie said Castle, as to his ^Majesty should seem
meet which Petition is still d<>pen(ling— The Committee are therefore of Oiiinion
that a Plan of that Fortress, and an Account of the Ordnance there be prepared,
and that the Commander in Chief of the Province, be desired to give Orders there-
for, that so the same; together with the Accounts and Estimates beforementioned,
may be forthwith transmitted to M"" Agent Bollan, to enable him the better Sollicit
and transact the AiTairs of the I'rovinco in Great Britain; and that Instructions bo
given him accordinglv.

Which is humbly Submitted.

^P' SA:MrF.r. Danfoutk {[>' order.

In Council Pead and Accepted, and John Osborne and James Bowdoin Escjuircs
with such as tlu; Honourable IIi>us(> shall appoint be a Committee to prepare the
Accounts and histvuetions referred to, in said lleiiort, and rejiort.

In the House of Kepresentatives Kcad ami Comnrred and M'' Welles, M' Russell,
and M'' l''hi<ker are joined in tlu! Affair. And Ilie Coniniittee ani directed to sit
forthwilli, and rei)o"t, as soon as may lie. In Conmil IJead and Concurred.

In t'ouneil, Onlered that Sanuiel Watts Esi)'' be of tin; Conniiitte(» in the room of
John Osimrne Es(|'' who is engaged on another Connnittee for a Publick Service.

In the House of Ile])resentatives; Head and Concurred." — CoiniciV livcords, vol.
AAV//., /-.!.-) 1.

" June r.i, 17(!(t. In the Hous(! of Representatives— Whereas this Court have aj)-
l)ointed a Coiniiiittee to prepan^ and li(piidate the Accounts, and other PaptMs,
projier to be, sent to M'' Agent Pxillan, and niak(! rejiort to this Court; but a;; i;s
jirobable said Committee will not be able to iuak(^ report in the present Ses ;ion, and
it lieing n<;(<'ssary that some of said Aeeonipls. and other Papers should b(> i'nmedi-
afely sent— Therefore Voted that his Honor the Lieutenant Governor be desired to
emilloy somi; snilabhi Person to prepare, and li(inidate such Ai'connts as arc neces-
sary to be iimnediately sent to M'' Agent Bollan, and that wlnm siMd Accounts are
ready, his Honour be desired to direct th(« Secretary to forward theiUj together with
the other necessary Papers for his Majesty's Service.

And Whereas it has been ne<-essary for his Majesty's Service tliat tli<> Troojis of
this Trovince employed the last Year at lionisbunrg, and Nova Scotia (who.se timo
of Service expire<l liie tirst of November last) should continue there, and acc(<rd-
ingly have continued there iluring the Winter, and Spring past, which has occa-
sioned a very heavy and unexpected Charge upon thi' Provinci>, which it is rea-
sonable should be wholly reimbursed out of the liust Parliamentary Grant to tho

[Notes.] 1*kuvi-nci: Laws. — 1TG2-G3. 03 1

Colonics— Voted tliat liis Honour lie desired to eauso an Acconnt of such Tliar^o to
tio iireparcd, Scperato from tlio otlici Accounts aforesaid and transmit tlio same
to Mr IJollan, in order tluit ho may Sollicit Payment for the; whole of such Extra
CliarLTi! out of the I'arliamentary tJrant aforesaid, before any i)art of said Grant be •
ai>|'oriioncd anionic the Colonies aforesaid.
In Council; Head and Concurred Consented to hy the Lieutenant Governor." —

//^///.,/).4i;2.

" Jun(!4, 17(>2. The Secretary delivered the following Message from his Excel-
lency the Governf)r to the two Houses respectively viz'

(Gentlemen of the Council and Gentlemen of the House of Rciiresentatives,

I unist remind You, that before you rise. You shouhl take order for the return of
t\w money granted by rarliamcnt for the Services of this Province for the Y'^car 17G0,
into the Tri'asury.

Above a Year ago I ex|)lained to the General Court then sitting the advantage of
drawing for their money rather than, having it remitted in Specie: This atlvantago
was great tluMi, but if is ddubled now; and will be very considerable, notwithstand-
ing any unpunctuallities that may happen in the payments to your Agents.

1 dont think that you I'an at present settle the whole terms of this business; hut
you may enable the Treasurer to draw for the money when certain advices of its
being settled shall arrive.

.Vnd that there may be no occasion to call you together again for this purpose only,
you may now appoint a small Committee to assist the Treasurer in fixing the Pre-
mium and other Conditions of the Bills he shall draw.

Era Beu.vard." — Ibid.,
vol. XXIV., p. 404.

Chap. 11. " June 3, 17fi2. In Council, It being represented to the Board that the
time allowed the Managers of the Lottery for finishing the Land Bank or Manufac-
tory Schomo is expired; and that they have a number of Tickets by tliem unsold,
which they cannot dispose of, or finish the Class they are now upon without the
further Aid of this Court. Wherefore Voted That all the Power of tli(^ said Mana-
g<,'rs that they had by Law for linishing said Scheme bo rcivived and continued for
the space of three Months longer from this date. In the House of llepresentatives
Head and Concurred." — Council Hii-onls, roL XXIV., p. o!)8.

" Sept. !i, 17(;2. A Petition of Joshua Honshw Esqi" and others Mangers of the
Land Ijank Lottery, Setting forth. That they have agreed to begin the drawing of
the Third Class in tlie said Lottery on the lO'i' current and have given public notice
acccjrdingly; but that they have upwards of 1:500 Tickets unsold, which is 700 more
than they are im]iowered bj' Law to place to the Company's Account, And Praying
tli(' Order of this Court thereupon. —

In the House of llepresentatives. In answer to the ^Memorial of Joshua Henshaw
Esq'' and Others Managers of the Lottery for drawing in the Bills of the late Land
Bank Company.

Voted and Ordered That the drawing of the said Class in said Lottery be and
hereby is postponed and put off until Tuesday the 28"> day of September current and
no longer. And that the said ^lanagers in the mean time use their best endeavours
to dispose of the remaining Tickets, and what renuiins unsold between this time
and the complcating the drawing of said Class shall be at the risque of said Com-
pany, they to have the benefit of the Prizes arising on such remaining Tickets, and
to sustain the Loss that may happen by them. And the Commission(;r3 for finish-
ing said Company's Affairs, in case of the Loss upon the Tickets so placed to the
Company's risque should exceed the Profits of said Lottery, shall and hereby are
inqjowered to hire the money on Interest to defrey such deficiency and to cnal)lo
the Managers to pay of? the benefit Tickets, and arc also impowered and hereby
directed to assess the Partners of said Company for tiac sum so deficient. In Coun-
cil Read and Concurred Consented to by the Governor." — Ibid., p. 4(i0.

Chap. 12. " Jan. 18, 17fi-j. A Petition of Elkanali Paine and Others a Coinmittco
of the Town of Trurow, Setting forth, That since f Ik; valuation talicn the last year
there has been great damag(rdone by the Frosts & high winds the last Wiiiti^r,
whereby the best of their Lands, Meadows and Beaches have been overwhelmed
with the Sands some parts of which are buried more than eighteen inches there-
with,— And Praying to l)e relieved in their Taxes.

In the House of Ilei>resentatives Read again and in Answer to this Petition Or-
di're<l. That the sum of Eight pounds be annually jiaid to the said Town of Truro
out of th(! Public Treasury until the next valuation through the I'rovinee to enal)lo
thcin to keei> their Beeches and extraordinary I'ences in repair, and to enable them
to pay their Province Tax. In Council Read and Concurred. Consented to by tlio
Governor."— C'0!n?r;7 Records, vol. XXIV., p. 501.

" .Tan. 20, 17r>:?. A Petition of Samuel Slorse in behalf of the Selectmen of Natick, ,

Setting forth. That after the last valuation, the General Court was pleased to set off
near one fourth jiart of the Polls and Estates of Natick and annex them to Need-
ham: and as the Province Tax for 17(>1 was apportioni^d by the said valuation the
fJeneral Court ordered that the sura of £21, !•, K.t should be abated to Natick, and
added to the Town of Needham — Praying that the like order may take place for the
year 1702.

In the House of Re]>rcsentatives; Ordered That the sum of twenty one jionnds,
nine shillings au'.! eight pence one farthing \to taken from the Tax laid on the Par-
isTi of Natick for the year 17<!2 and added to the Town of Needham, an<l that the
Assessors of Needham l)e diri;cted to a.sscss said sum accordingly— In Council Read
and Concurred Consented to by the Governor." — Ibid., p. 508.

632 Peovince Laws. — 1762-63. [Notes.]

" Feb. 16, 1703. A Petition of ALiel Terry and Others, Assessors of the Town of
Freetown Setting fortli, Tlint in ruaking their Assessment for the Year ITii'J, one
Amnii Chase was omitted, and the Kate Uill was committed to one John Hathaway a
Constable in said Town before the mistake was found, and he refuses to deliver the
same hack, tliat the mistake aforesaid may be rectified And as there is danger of
some difficulties arising in collecting the Taxes, fraying that the said Assessment
may be contirmed, and that they may be imjiowered to assess the said Ammi Chase
■what his proportion of the said Tax would have l)een, and that the same may be paid
into the Town Treasury to dcfreytlie charge of said Town, whereby every person
therein will have their proportionable part of the benefit of said Chases Tax.

In the House of Representatives Head and Resolved That the Prayer of the Peti-
tion of the .Vssessors of the Town of Freetown be gi-anted, and they be and are
hereby impowered to assess the Polls and Estate of Ammi Chase bj' the same Rules
and in the same proportion as tlu^ other Inhabitants of that Town are assessed in
the last years assessment, and tliat th(! money arising thereby be paid into the
Town Treasurer for the use of said Town ; and that the assessnient made on said
Town for the last year be as good & valid to all intents and purposes as thu the
mistake or omission as mentioned in their Petition had never happened. In Coun-
cil Read and Concurred Consented to by the Governor." — Ibid.,}:). 501.

"May ol, \HV.\. A Petition of Fellows Billings Representative of the Town of
Sunderland — Praying that the Province Treasurer may be directed to repay the
sum of ten Pounds, a Fine laid ujion the Town of Sunderland and District of ^lon-
tague for not sending a Representative to Court y<-' last year, their Numl)ers being
small and their J'ubiic Charges having been very great; besides which they have
had the misfortune to ha\e two School Houses consumed l>y Fire.

In the House of R(>i)resentatives Read and Ordered That the prayer of the jieti-
tion be granted. And the Petitioner is allowed to receive out of the Public Treasury
the Sum of Ten Pounds for the use of the Town of Sunderland and Montague ac-
cordingly.

In Council Read and Concurred Consented to by the Governor." — Ibid., vol.
XXV., p. 1().

" May ol, ITC.!. To Mr. Fellows Billing for the use of the Towns of Sunderland
and Montague the sum of Ten jionnds Allowed by tlie General Court as an Abate-
ment of the Fine laid on them for not sending a Representative to the General
Court in 1162, they being Poor and at a great exiience as mentioned in their Peti-
tion.''— Execulire liecord.s of the Counril, vid. 5, p. 24!).

" June 1, 17(m. A Petition of John Jones Esq"" Representative of Hopkinston and
in beh3,lf of said Town. Praying That in consideration of some peculiar burdens they
lye under, a tine of £li,l.'>,(), imposed on them by the Court for not sending a Repre-
sentative to the (Jeneral Court may be remitted.

In the IIous(i of Re|n'esentatives R(>ad and Ordered that the Prayer of the Peti-
tion bo granted. And that the Sum of Nine. Pounds lifteen Shillings and five jience
be granted out of the public Treasury To John Jones Esq'' for the use of the Town
of Hopkinston accordingly.

In Council Read and Concurred Consented to l)y the Governor."— Co?<ncj7 Rec-
ords, vol. XXV., p. '20.

"June 1, 17G;!. To John Jones Esq"" for the use of the Town of Hopkinston the
sum of nine pounds fifteen shillings and five pence, allowed by the General Court
as an Abatement of the Fine laid on them for not sending a Representative to the
General Court in the year 17(>'2, they being poor and at great cxpence as mentioned
in his Petition." — E.r.ccutinr. Rrcords of the Council, rol. ,">, p. '.'.jO.

" Jan. :!0, 17(i4. A Petition of Ezra Whittlesey of Stockbridge— Setting forth That
being chosen a Constable in tin; Year 17()2, the Assessors made their list of Assess-
ment, and committed th<' same to him to collect, but neglected to sign tlie said List,
which being discovered by sundry persons assessed thereon, they refuse ]iayment.
And Praying that the. assessors for that year may bo impowered to perfect their
List, or tliat it may he ollierwise declared valid.

In tlie House of Kepresentjit i\-es. Kesolved That the assessors of the Town of
Stockbridgi! for the year 17(i2 or tln' Major jiart of them be impowered and directed
as soon as nuiy lie to sign and complcat tlie List of Assessment of the Provin<-e Tax
committed to th(! M<;Miorialisr without being perfectc(l and that the said List so
signed be good and valid to all iiitcMits and purjioses. And that the Memorialist bo
and is liercjby directed to finish his Collection of the remainder of said List, and ac-
count with tlie Treasurer as soon as may bo.

In Council Kead and Concurred C(ms(!nted to bj' the Governor." — Council licc-
0/V/.S-, rol. XXV., p. 171.

" .JuiK? 4, 17()4. .\ Memorial of John Stewart of Scarborough in behalf of the said
Town— Setting lurtli That a Fine was imposed on tin* said Town of Fifteen pound.s
for not sending a Kepresentativ)^ in \\w Year 17<!2. That a I"'ire happened in llio
saiil Year whereby many Houses wen; burnt, and also a Bridge hy means whereof,
and of the droiiglit that Year, they were greatly impoverished. And Praying that
the said Fin<^ may \n- remitted.

In the House of Representatives; Read and Ordered That the Prayer of this Peti-
tion lie granted, and the Petitioner is allowed to receive the Sum of Fifteen pounds
out of tlie I'lililic Treasury for tlw^ use of said Town accordinglj'.

In (Council Bead and ("oncurred Coiiseiiicd to by the Governor." — Ibid., p. 214.

"Nov. 1, 17(11. A Petition of .Joseph Woodman and Others, Inhabitants of Nar-
rnganset N" one in the ("ounty of York— Setting forth— That being a Frontier Set-
tlement, they were obligcMl till the Reduction of Qiieb(>c in 17.")!l to keep Watch and
Wanl; that having since had two years of great drought and scarcity, they were
almost reduced to Famine thereby; in addition to which in the year 1702, a destlat-

[Notes.] Peovince Laws. — 1762-63. 633

ins Fire ravagod their Improvements, anil Lurnt several of their Dwellings; in
which ye;ir a Tax of £44,7,<i, was laid on them, which tliey arc unable to paj', as
many of the Inhabitants were reduced to Penury, and obliged to remove elsewhere.
And Praying that the said Tax may be remitted.

In th(! House of Ilcpresentatives: Read ai.d Resolved that the Prayer of this Pe-
tition be granted by remitting the Tax t)f Forty four ])Ounds, seven shillings and six
pence laid on Narraganset Township Number one in the Year 17(52 and that the
Treasurer be directed to stay the Execution gone forth against them therefor.

In Council Head and Concurred Cons-.'nt.'d to by the Governor." — Ibid., p. .310.

"Sept. 27, 17(>o. A Petition of John Stuart Representative of the Town of Scar-
borough Setting forth— That one George Lebby Constable of the s'' Town was
employed in the year 17(i2 to collect the Taxes laid upon said Town that he had
collected part, but not having collected the whole in Season an Execution was
issued from the Province Treasurer, whereupon he absconded, and the Town not
being impowered by Law to appoint any other person to that ofhce; praying that
tiiey be enabled to impower some person to collect the Taxes that remain due.

In the House of Reiiresentatives. Resolved that the prayer of this Petition bo
granted; and that the Town of Scarborough be and is hereby fully authorised and
impowered at a Town fleeting called fur that jturpose to choose a suitable person
to collect the outstanding Taxes that are liorne on the Tax Bills committed to
George Lebby to collect iu the year 17(')2, who has absconded and not compleated his
Collections, and the person so chosen shall be vested with all the powers and
authorities to collect the same that the Collectoi-s of Taxes by Law are vested
withal, and is hereby dii^cted and required to pay iti Ins Collections to the respec-
tive Treasurers to whom the same are payable, and finish his Collections and settle
his accounts with them by the last day of March next; anil that the said Treasurers
are hereby directed not to issue their Executions in the mean time. In Council,
Read and Concurred. Consented to by the Governor." — Ibid., vol. XXVI., p. 78.

See, also, note, under date of June 8, 17()4, to acts of 17G;3-4, chap. 10, post.

Chap. 15. See notes to 1763-G4, chap. 10, post.

Chap. 17. "Dec. 28, 17(i3. The following Order passed upon the Memorial of
Joseph Williams Esq'' and others, a Committee of the Proprietors of a New Town-
ship Commonly called Roxbury or Gardners Canada, now known by the name of
Warwick viz'

In the House of Representatives Ordered that the Prayer of the Petition be
granted, and that the eleven hundred and ninety nine Acres of Province Land
alrcadj- incorporated into said Town of Warwick, be and hereby is given and con-
liruied unto the Present Proprietors of said Roxbury or Gardners Canada, to be to
them their heirs and Assigns forever, iu Order to make good what was taken off by
the Government Line, and other deficiencies in the Petition mentioned.

In Council Read and Concurred Consented to bv the Governor." — Council Rec-
ords, vol. XXV., p. 103.

Chap. 19. " Feb. 23, 17G2. A Petition of William Torrcy and Others, Bakers of
the Town of Boston— Setting forth That the Wheat imported into this Province is
light grain, generally weighing but from tifty to fifty five pounds ^ bushell, the
iK'avicst and l)est of the Wheat being bonlted into Flour in the Southern Govern-
ments, and that for want of a standard being fixed here for the weight of Merchant-
able Wlieat, the Petitioners and other Inhabitants of the Province are exposed to
great Loss, Further Setting forth the utility of the Millers being obliged to furnish
themselves witii Screens for the well cleansing of Grain before it is Ground, for
want of which the meal often comes out gritty. And Praying that some projier Reg-
idations may be made for remedying the mischiefs abovementioned.

In Council Read and Orderecl That the Petitioners have leave to bring in a Bill
for the purposes in their Petition mentioned. In the House of Representatives;
Read and Concurred." — Council Records, vol. XXIV., p. 286.

Chap. 20. " Jan. 2G, 170.'). According to agreement the two Houses proceeded to
the choice of Civil Officers for the present Year when James Russell Esq' was
chosen Commissioner of Impost by a major part of the Council and House of Rep-
resentatives. Consented to by the Governor." — Council Records, vol. XXIV., p. 622.

Chap. 21. " Tliere's a Bill to continue a former Lottery Bill to raise the additional
sum of 225 pounds sterling for building a bridge;; the Commissioners advanced the
money out of their own [)Ocket and the sum is so trifling that I presume it needs no
Apology."— Gor. lU'.rnard to Lords of Trade, April '1'.), 17G3: " Mass. Day, B. T.," vol.
78, L. L5o, in Public-Record Office.

Cliaji. 22. "Jan. 21, 17<;.;. A Petition of Walter Sjtooner of Dartmouth— Setting
forth Tliat some Injustice is like to be done to the Town of Chilinark by a strict
adlierence to the Tax Act, if the Stock kept upon the Elisabeth Islands lying in
.said Township, should be rated according to the rules therein prescribed, as many
of the Owners of such Stock live in the Town of Dartmouth. And Praying the
<lircctif)n of this Court in that matter.

In the House of Representatives Read and Ordered That the As.sessors of the
Town of Dartmouth, and the Assessors of the Town of Chilmark be, and hereby
are jlirccted in a]iportioning their Public Taxes to have regard to such Creatures
only as are lialile to be taxed by Law. and as are commonly kept liy the (Jwners or
Occupants within the respective Towns aforesaid and the Appendages thereof viz'

634 ri:ovj:N'CE Laws.— 1TG2-G3. [Notes.]

Tliat the said Assessors of Dartmouth shall assess all those Creatures found and
usually kept within the Bounds of said Township to tlieir respective Owners or
Oc<upanls pursuant to Law, and the Assessors of Cliilraark shall also assess all
su<']i Creatures found & usually kept withiu the Town of Chilinark and its Append-
a;?es to tlie respective Owner or Occupants any former Act or Order to the contrary
notwithstanding. In Council Read and Concurred." — Council Records, vol. XXiV.,
p. 511.

Chap. 1?>. " Sept. 17, 1762. In Council Voted, That William Brattle and James
Bowdoin Esq''s with such as the honorahle House shall join be a Committee to pro-
ject some more effectual methods for i)reveuting damage to the Houses and other
Estate within tlie several Towns of the Province by Bonfires, throwing of Squibs
and Rockets and other Fireworks.

. In the House of Representatives; Read and Concurred and Col>' Phillips, ISI""
Tyler and M"" Otis are joined in the affair." — Cotincil Records, vol. XXIV., p. 478.

"Feb. 1, 17(1.!. In Council Voted That Thomas Flucker and James Otis Esq"
witli such as the honouraVile House shall join be a Committee to revise the tempo-
rary Laws that are expired or near exiiiriug, and to bring in a Bill for reviving and
continuing the same In the House of Representatives Read and Nonconcurred."
—Ibid., p.5i0.

" The Act for continuinfi expiring Laws is the same with many others which have
been before approved. This legislature deals so much in temporary Laws that it is
become necessary to include many of them in one Act of continuation to avoid the
immense multiplication of paper and parchment which would otherwise follow,
And as all these Acts have separately received his Majestj-'s approbation I appre-
hend that there can be no inconvenience arise from their being continued by one
Act."— ^jo?). Bernard to Lords of Trade, April 2!), 176;!: "Mass. Bay, B. T.," vol. 78, L.
L, 55, in Public-Record Office.

Chap. 24. " Feb. 0, HG.). In Council Ordered That James Otis Es(]>" with such as
the honorable House shall join be a Committee to prepare a Bill to oblige the Regis-
ters of the Court of Probate and the Clerks of the Siiperior Court and Courts of Ses-
sion in the several Counties in the Province to give security for the faithful dis-
charge of the duties of their several Offices, and tliat the Committee be instructed to
project some method to prevent unnecessary Copies being taken out of the Clerks
Offices in the several Courts thro the Province.— In the House of Representatives
Read ami Concurri^l and Capt Liverraore and Major Morey are joined in the Af-
fair."—C''J((H'v7 Records, ml. XXIV., p. 5(i0.

See, also, 17G3-()4, chap. 12, post, aud note.

Chap. 25. " Dec. 23, 1760. The Secretary by order of his Excellenc.v the Govern-
or delivered the following Message to the two Houses respectively viz'

Gentlemen of the Council, and Gentlemen of the House of Representatives,

A Repi'csentation and Complaint, having been made to the Commissioners of the
Society, for projiagating the Gospel in New England, and jiarts adjacent in America,
in behalf of a Number of Indians at Martha's Vineyard, that a great part of the
Lands which were given by one of their Sachems in l(i70 — to the Praying Indians,
.so Called) Inrevcr, has been Alienated to the English— The said Commissioners
have mad(! application to me, to recommend it Xo the General Court to enquire into
the Facts, that if it should appear, that the said Indians have been wronged, they
may meet with that Relief wliicli to Justice apjiertains.

Tlie state (if the Case is herewith laid before you: a Law Suit nmst be very exiien-
sive ti) the Parties ou both sides; and as the. Government are tin; natural Guardians
of th(^ Indians, and nuist by Virtue of tlu^ several I^aws they have madi^ relati\e to
them, be lo()l<ed ii|)on to be their Guardians in fact, it will be nii>st pro])(U- for them

to take Ciigni/.aiH f this Com|ilaint : and 1 accordingly reconnnend it to you, to

make a strict Encpiiry into the Truth of the Facts suggested in .said Comjilaint, and
to take such Order iii the Case, as shall be judged requisite.

Fka: Beknaup."—
Cotiiieil Records, rol. XXIH., p. 521.

'•Dec. 2:t, 17(i(). ] n the I Ious<^ of Rei)resentatives, Voted that M' Welles ^M"" Foster,
and Col" Choate, with such as the honourable P>oard .shall join be a Connnitteo on
the Governors .Message of the 22'' Instant, respecting Indians at Manila's Vineyard,
and report ihereiin. In Couik il Read aud Concurred: and William Bratth- and
Thomas Ilulilianl Es(| » nre joined in the Affair."- /?)/(/., p. 526.

•• March 27, 1761. The Committee appointed on his Exctdleucy'.s Message of 22"'
Deceinlier last relating to some Injuries said to be <lon(! to the Indians at >Iartha'.s
Vineyard — Keported as follows, The Committee liave atti-mled the above Service
and icport that in their Opiuinn it is liighly necessary that a Committee of this
Conn \h- appointed to go upon IIk! Spot, fully to enquin! into facts and make renort.

(Signed) W'" P.ic vrri.i; -((' order

In the House of Uepresentatives read antl accepted, and orden-il that M' I'oster
and M' Howard with sucli as the honourable Board .shall appoint be a Committeo
for the purposes mentioned. In Council IJcad and Concurred and William Brattlo
Escji' is joined iu the Wiivr." — I hid., ]>.W<>*..

"Jan. 25, 1762. In Council, Tin- Committee ai>pointed the 27: March last in con-
seqiieiiee of his Excellency's .Messagi^ of '22'' December 1760, to repair to Martha's
Vineyard and iii(|nire into the coniplaints of the Indians n'specting some Lands
givei'i to tlie Praying Indians (.so called) of the said i>lace reported according to
ordi-r.

In Council Read and accepted and tliereupon Ordered That William Brattle Esq""

[Notes.] Pkovince Laws.— 17G2-C3. 635

witli snuh as tho honoural)lo TTousn shall join l)c a Coinmitteo to rcceivo tlio Deeds,
settle and run tlio Lines as proposed in the said Report, that so an Aet may pass
eonlirniintj to the Englisli I'lirchasers and tlii'ir heirs the remaining Tracts of Land
in Christian Town purehased of the Indians hy ilecds recorded in the llec;orda of
Deeds for the County of Dukes County at any time hcforc the 21."' August 17()1. Tho
said rurchasers or their heirs to pay the Cost thereof. In the House; of Uei>rcseuta-
tives Read and Concurred and Thomas Foster ami Daniel Howard Esq" arc joined
in the AlT.ur.-Ibi,!., n>l. XXIV.. p. 1'.>T.

" Feb. 15, 171)3, The following Iteport was offered by a Committee of both Houses
viz'

The Committee appointed the 25"> of January 17G2 have attended tho Services
assigned them, hav<! been to Christian Town so called upon the Island of Martha's
Vineyard, have settled and run the Lines as jiroposed in the Report of the Commit-
tee appointed in consequence of his Excellency's Message to iiuiuire into the Com-
jilaints of the Indians respcc-ting some Lands given to the Praying Indians so called
and have received the deed referred to in said Report, and is lierewith exhibited
and apprehend that an Act ought to jiass this Court coulirming to the English Pur-
chasers and their heirs sundry Tracts of land in said Christian Town as by said
Report referrence thereto more fuUv will appear.

(Signed) W. Brattle ^ Order

In Council Read and Accejited; And Ordered That William Brattle Es(i'' with
such as the honorable House shall join be a Committee to prepare a Rill for tlie inir-
jioses therein mentioned and that the Secretary cause the Deed herewith jircsented
to be recorded in the Rook of Laws in his Otlice. In the House of Rejjrcsenratives;
Read and Concurred and Cap' Livermore and ^M"" Foster of Plymouth are joined ia
tlie Affair." — Ibid., p. 585.

Clutp. '2(>. " Feb. 11, nt!.". A Petition of Edward Wing of Sandwich— Setting forth
that Elisha Bourn of Sandwich, Clerk of the military Company there, recovered
Judgment against the Petitioner at the Inferior Court held at Carnstable in May
17.")7, for £i() ilebt and £1.18. (J costs for not attending a military muster, and Execu-
tion was levyed on his Estate viz' Six acres and ;iO rods of Land which lie jnircluused
not many years since at the rate of £ii,17,4 slf** acre, wliich Land the said Elisha
Bourn afterwards sold to one Lot Nye, who now claims the same. That tin; Pef is
one of the People called Quakers, and his non attendance on the military muster
aforesaid was occasioned Solely by Scruples of conscience and did not jiroceed from
obstinacy and Contemjit, and that the Execution was levyed after the Law was
rejiealed, and two thirds of the Fine remitted, and Praying Relief.

In the House of Representatives; Read and Ordered that Mr Tyler Col" Gerrish
and Major Humphry witli such as the lion'^''^ Board shall appoint lie a committee to
take this Petition under consideration and report what they judge proper for this
Court to do thereon.

In Council Read and Concurred and William Brattle and James Bowdoin Esq™
are joined in the affair, (the 11"')

The Committee on the foregoing Petition of Edward Wing having made Report;
the same was read in Council and sent down —

In the House of Representatives Read and so far accepted as that it be recom-
mended to the within named Lot Nye to reconvey the Estate herein mentioned to
Edward Wing jun"" one of the Petitioners, the said Lot first receiving the money ho
gave for said Land and the interest thereof to the day of payment from the day
he paid it: Otherwisetthat Elisha Bourn within named be served with a copy of this
Petition that he may shew cause (if any ho hath) on the second Wednesday of tho
iu!xt May Session why the Prayer thereof should not be granted.

In Council Read and Concurred. Consented to by the Governor."— Co7mc/i Rec-
oril.x. vol. XXIV., p. 580.

" June 3, 17(33. A Petition of Edward Wing Jun' of Sandwich, one of the People
called Quakers — Praying Releif under the hardship he has suffered by having his
Land sold to discharge a fine laid on him for not attending military nmsters, as
entered the ll'i> and 12"> Fel)J' last.

In Council ."50"' May 17G;>. Read together with the Answer of Elisha Brown and
Lot Lye and sent down.

In the House of Representatives Read £^ain together with the Answer of Elisha
Brown and Orderetl That M"^ Folger, M' Gardner and D' Smith with such as the
lion'''e Board shall join be a Committee to consider this Petition and Answer and
make report.

Ill Council Read and Concurred ami William Brattle and Nath' S])arhawk Esq"
are jr)ined in the Affair."— /6/'/., r->l. A'AT., //. 27.

" June 8, 17(>;!. I'lion the report of tlie Committee appointed the ."'' Ins' on the
Petition of Edward Wing ami the answer of Elisha Brown thereto the following
ord<'r jiassed Viz' In Council Read and sent <lown. In the House of Representa-
tives Read and thereupon Resolved that after the said Elisha and Lot in the I'cti-
tion named have ascertained to the Governor and Council tlie costs tliey really have
been at ill tlie ]iroseeution of the Action therein mentioned, and the consequent
costs thereof that then tlie .same be paid out of the Public Treasury to tlie Peti-
tioner to enable him to olitain the recovery of l;is Land from the Respondents. It
appearing by tlieir answer that they are willing to reconvey upon their receipt of
said cost the Land mentionetl to the sai<l Petitioner Fdw' Wing juii' In Council
Read and Concurred Consented to by the Governor." — Ihhl.. p. 40.

Feb. 2fi, 1707. A Petition of Phineas Lovet Captain of the Military Foot Cnm-
jiany in the Town of Mcndon— .letting forth Tiiat in the years 17.">8 & 17.'i'.i He was
iiy a Law of this Province obliged to raise a certain number of Men for the General

G3G Pbovince Laws.— 1762-63. [Notes.]

Service of the War: that the Government allowed a certain Sum as a bounty to
encourage Men to inlist, and jirovidcd tliat in case a sufficient number should not
inlist by a certain day, there should ))e an impress to compleat the Quota of each
Company; & in case there should be any of the peo]ile called Quakers liable to be
impressed, the Ca'p' of the Company to' which they belon']red were impowered and
reqiured to employ a Sum not exi^ecdinp; £1.'!.()..S. \l' Man to hire one in the room of
such Quaker, which Sum was to l)e assessed on such Quaker who was thus excused
from a personal Impress. That the Pri)vinee Pxiunty being insufficient to procure
the Men by inlistment, his Company agreed to augment the bounty in order to
prevent aii Impress; which proposal was communicated to one George Aldrich
whom the Quakers had appointed to represent tliem, and he readily complied there-
with; and by this means the inlistment was effected: notwithstanding which the
said Aldrich commenced an Action against the Petitioner for the Sum assessed on
him, alledging, that as the ISIen upon Record appeared to be inlisted Men, the
Quakers were not by Law held to pay any part; and finally recovered of him £(j.7.4
damages & £15.8.".." Costs, for whicli" Suiiis execution was issued, and he paid the
money, besides other Charges and expences. And praying Relief.

In the House of Representatives. Read & Ordered that there be allowed and
paid to the Petitioner out of the public Treasury the Sum of Forty eight pounds
twelve shillings and three pence in full satisfaction for his expence in the Suit
brought against him by George Aldrich as set forth in the Petition.

In Council, Read and Concurred. Consented to by the Governor."— 26id., vol.
XXVI., p. 424.

See, also, 1757-58, chap. 17, and note, ante.

ACTS,

Passed 1763—64

[637]

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-fifth day of May, A.D. 1763.

CHAPTER 1.

AN ACT FOR GRANTING THE SUM OF THIRTEEN HUNDRED POUNDS,
FOR THE SUPPORT OF HIS MAJEST[IE][r']S GOVERNOR.

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

That the sum of thirteen hundred pounds be and hereby is granted Grant of £i, 300,
unto his most excellent majest}-, to be paid out of the public ti'easury onir/maj^^stj^s
to his excellency. Francis Bernard, Esq'^''^[«»-e], captain-general and governor,
governor-in-chief in and over his majesty's province of the Massachu-
setts Bay, to enable him to carry on the affair's of this government.
\_Passed May 30.*

CHAPTER 2.

an act to IMPOWER DAVID SEWALL, OF YORK, GENTLEMAN, TO COL-
LECT THE EXCISE DUE IN THE COUNTY OF YORK, ON SPIRITUOUS
LIQUORS, IN THE YEAR 17G2.

Whereas Daniel Clark [e], of York, in the count}' of York, gentle- Preamble,
man, was chosen collector of the excise on spirituous liquors, for the
said county of York, for the year 17G2, and before he had compleated
his collections went out of this province, and is supposed to be dead, —

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

That David Sewall, of York, gentleman, be and he hereb}' is full}- BavidSewaii
authorized and impowered to levy, collect and receive from all persons coiiecruic ex-
all the said duties of excise, remaining due within the said county of ciee for 1762.
York, for the said year 17G2; and the said David is hereliy invested
with all the powers and priviledgcs, and is declared to be subject to all
the obligations, with respect to such excise, which the said Daniel was
invested with and subject to. \_Passed June 16.t

CHAPTER 3.

AN ACT FOR INCORPORATING THE INDIANS AND MOLATTOES, INHAB-
ITANTS OF MASHPEE, "WITH THEIR LANDS THERE, INTO A DIS-
TRICT, WITH CERTAIN PRIVILEDGES ; AND FOR THEIR BETTER
REGULATION.

WiiEUKAS it hath been the repeated, and is the importunate, desire Preamble,
of the Indians and molattoes, proprietors in Mashpee, in the county of

• Signed .Time IC, atiordiiiK to the record.

t Signed Juno 10, according to the list transmitted by the governor.

639

640

Province Laws.— 1763-64.

[Chap. 3.]

Mashpcc erected
into a district.

Officers to be
chosen.

Power of such
olUcers.

Lines to be
perambulated.

IndlanR, SiC.,
•■mpowcTcd to
ailinlt others.

Actions, except
In coi'tiiiii eiiopg,
dcbiini'd.

Barnstal)le, to be incorporated and vested with certain pri\'iledges, and
that there ma}' be some furtlier regulations of them and their interest
there ; and the same appearing reasonable, —

Be it enacted by the Governor^ Council and House of Representa-
tives ^

[Sect. 1.] That all the lands belonging to the Indians and molat-
toes in Mashpee be and hereb}' are erected into a district by the name
of Mashpee, with the following privile[cZ]ges ; viz"^'^., that the Indian
and molatto inhabitants and proprictoi's of Mashpee be and hereb}' are
impowered, in the month of March, annuall}', to meet in the public
meeting-house in said Mashpee, then and there to elect a moderator of
said meeting and five overseers (two of said overseers being English-
men), a town clerk and treasurer, they being Englishmen, two wardens,
and one or more constables ; that said overseers, or the major part of
them, shall have the sole power to regulate the fishery in said IMashpee,
and also to allot out and proportion to the Indians and molattoes their
upland and meadows, and to lease sucli lands and fishery as said inhab-
itants and proprietors hold in common and undiAided, for a term not
exceeding two years from and after the first of March, 17G4, — the profits
and incomes arising therefrom to be applied, at the discretion of the said
overseers, or the major part of them, to and for the support of the said
indigent Indians and molattoes, and for no other use or purpose whatso-
ever ; and that the said overseers or trustees, or the major part of them,
shall be and hereb}- are impowered, in their names and capacity, to
bi-ing writs of ejectment against an}- person or persons that have, or shall
illegally get into possession of any pait of, the lands of the said Indians
or molattoes, and writs of trespass against any who have or may tres-
l)ass upon their lands or properties, and the same to pursue to final
judgment and execution ; and that said overseei's shall have the same
power with respect to calling of district meetings as the selectmen of
any town in this pi'ovince by law now have : and that after the lines of
Barnstable, Sandwich and Falmouth, bounding upon Mashi)ee, are run
as this court shall order, that said overseers or trustees shall have full
power, and are hereby enjoined, to perambulate the same; and the
selectmen of the abovenamed towns are hei'eby required to perambulate
said lines, with said overseers, every three }ears ; and for every neglect
thei-e shall be the same foi'feiture as if they had the title of selectmen ;
and that all mattei'S relative to the said proprieties be transacted at
said town-meetings, notice thereof being given in the warrants for call-
ing the same ; and that said ovei'seers or trustees, clerk and treasurer,
shall act indifferently both in district and proprietary affairs in said
district of Mashpee.

And he it farther enacted^

[SiccT. 2.] That it shall ])c in the power of said Indians and molat-
toes, inhabitants, to admit other Indians or molattoes to be inhabitants
and i)roi)riotoi's of said ]Mashj)ee ; and that the lands belonging to said
Indians or molattoes, tlius admitted, if any tliey have, shall and may
be sold by the commissionei's from the cori)oration for propagating the
gospel in New England and parts adjacent; and the treasiner, for the
time being, to the said commissioners, is iiei-cby authorized and impow-
ered, in such case, to execute good and sulllcienl deeds of the same ; and
the interest arising from such sale shall, by the said commissioners, bo
amiually put into the hands of said overseers, for the supi)ort of the
l)oor and indigent Indians and molattoes of said district of Mashpee,
and for tiiat use only.

^[nd be it furtlier enacted.,

[Si:cT. 3.] That no action shall be brought against any of said In-
dians or molattoes for any contract or debt, whatsoever, made orentei-ed

[1st Sess.]

Province Laws. — 17G3-04.

641

into after the publication of this act, unless the same be made or cn-
lered into with the cxi)ress consent and approbation of sucli persons, or
the major part of them, as shall be nominated and api)ointed by the
governor, b}' and with the advice and consent of the council, to have
the inspection of the said plantation, pursuant to the laws of this prov-
ince made and passed in the sixth year of King WiUiam and Queen
Mary ; and every action brouglit for del)t or contract, not approved as
aforesaid, shall be forever debarred.

And be it further enacted.

[Sect. 4.] That no Indian or molatto inhabitant of Mashpee sliall
bind out his or her child or children to any English person whatsoever, b}'
indenture or any other way, in satisfaction or as a security fur any debt
of their parents, nor without the approbation of the major part of the
overseers aforesaid ; and that every indenture or any instrument whatso-
ever, or parole agreement, whereby such child or children shall be bound
out contrary to the true intent and meaning of this act, shall be adjudged
null and void.

And be it further enacted,

[Sect. 5.] That if an}- of said Indians or molattoes shall be com-
mitted to goal, for debt, he or the}- shall have the same liberty to swear
out of goal, and the same benefit resulting therefrom as any white per-
son b}- law now hath who hath no estate ; they being proprietors in the
lands of Mashpee, notwithstanding.

And be it further enacted,

[Sect. 6.] That it shall and may be lawful for said proprietors and
inhabitants, at an}- time before the first dav of August next, to assemble
in the meeting-house aforesaid, then and there to clmse a moderator,
five overseers, a town clerk, a town treasurer, two wardens, and one or
more constables, as aforesaid, for the year ensuiug ; and that Tliomas
Smith, Esq^''^., be and he hereby is imi)owered and directed to call a
meeting of said proprietors and inhabitants for the purpose aforesaid.

[Sect. 7.] This act to contiime and be in force three j'ears from the
fifteenth day of June, 17G3, and no longer. [Passed June 14.*

1603-04, chnp.

n, §1.

IndiiiiiK, Sec,
not to bind out
their cliildri'M.

Indian debtors
allowed to
swear out of
jail.

Proprietors to
choose district
officers.

Continuance.

CHAPTER 4.

AN ACT TO ENABLE THE COURT OF GENERAL SESSIONS OF THE
PEACE, FOR THE COUNTY OF BARNSTABLE, TO GRANT LICENCES TO
INNHOLDERS AND RETAILERS IN THAT COUNTY, ON THE LAST
TUESDAY OF JUNE, ANNUALLY.

Whereas by law the time for granting licences to iimholders and re- f/^'l*'")'''^- ,„

' ~ ~ 1698 cliiiDt 10

tailers is fixt at the first general sessions of the peace that shall be held § ii.'
and kept, in course, within the several counties, in this province, at or
next after the nine-and-twentieth day of June, annually, and it some-
times so happens, that, in the county of Barnstable, the court of sessions,
appointed by law to be held on the last Tuesday of June, is the licence
court, and sometimes is not, as the law now stands ; which is found
inconvenient to the count}-, —

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

That, for the future, the court of general sessions of the peace for the Licenoes to be
county of Barnstable be and they are hereby impowered to grant licences hiTt"Tue8d^y of
to innholders and retailers in said county, at their sessions on the last J"ne.
Tuesday of June, annually, altho it should so fall out that said session
happen to be before the twentv-ninth day of June. [Passed June 14,
17G3.*

• Signed June 10, according to the record.

642

Peovtn-ce Laws.— 1763 64. [Chap;^ 5, G ]

CHAPTEE 5.

AN ACT FOR ALTERING A CLAUSE IN AN ACT MADE IN THE THIRTIETH
YEAR OF HIS LATE MA.JESTY KING GEORGE THE SECOND, I^TI-
T[C/]LED "AN ACT TO PREVENT DAMAGES BEING DONE UNTO BILL-
INGSGATE BAY IN THE TOWN OF EASTHAM, BY CATTLE AND
HORSES FEEDING ON THE BEACH AND ISLANDS ADJOINING THERE-
TO."

Preamble.
1756-57, chap.
31.

A family to be
kc'pt on the
south part of
Griflin's Island.

Whereas, by an act intit[w]led " An Act to prevent damage[s] being
done unto Billingsgate Bay in the town of Eastham, by cattle and horses
feeding on the beach and island adjoining thereto," Samuel Smith,
Esq'^''^, his heirs, executors aud admini.strators, are obliged to keep a
house and family on an island lying to the southward of Griffin's Island,
so called, and it being represented to this court by Samuel Smith,
Esqi^""^., by his petition, that it is found by experience to be ver}' incon-
venient, and not to answer the purposes designed thereby, in said act, so
well as a family' might do if thc}^ lived on Griffin's Island ; wherefore,' —

Be it enacted hy the Governor^ Council ojid House of Representa-
tives,

That Samuel Smith, Esq'^""^, be no longer obliged»to keep a house and
family on any of the islands southward of Griffin's Island, so called ;
but henceforth, during the continuance of said act, the said Samuel
Smith, his heirs, executors and administrators, be and hereby are
obfiged to keep a family on the southward part of Griffin's Island, so
called, for the ends and purposes mentioned in said act. \^Pasbed Jane
14.*

CHAPTEE 6.

AN ACT TO ENABLE JUSTICES OUT OF COURT TO GRANT LICENCE, IN
CERTAIN CASES, TO RETAIL STRONG LIQUORS AND TO KEEP HOUSES
OF PUBLICK ENTERTAINMENT; AND THEREBY TO PREVENT UNNE-
CESSARY PETITIONS TO THE GENERAL COURT.

Justices to
(,'raiil liccnsoB,
in certain caues.
] 766-56, chap.
30.

Be it enacted by the Governor, Council and House of Representa-
tives,

[SicCT. 1.] That when it shall happen that any licenced innholder or
retailer shall be deceased bclbi'c the year be expired for which licence
shall have been granted, and tiic widow of the deceased, if such there
be, or other person impi'oving such licenced house, shall desire to exer-
cise said emjiloyment therein the remainder of the year, and siiall make
application to two justices of the peace, quorum umis, in the counts
where such house shall be, such justices are hereby impowered and
enabled to gi-ant licence to such person making appliealiou lor such
licence, for the remaindei' of tlie yeai- : provided such person be suitalily
qualified therefor, and recommended hy the selectmen of the town in
mil liner as the law directs.

Provided, always, —

[Sect. 2.] That the person so licenced shall recognize, before said
justices, with sureties as the law dirct^ts, for liis or her keeping good
rule and order and duly i)aying the excise, before they exercise the
said employment. \_Passed June 14.*

• Signet! Juno Ifi, accordi))<; to th • rcionl.

[1st Sess.]

Province Laws. — 17G3-G4.

G4:l

CHAPTER 7

AJ^ ACT FOR THE BETTER REGULATING OF THE SERVICE OF EXECU-
TIONS, MORE ESPECIALLY IN THE REMOTE COUNTIES OF THE
PROVINCE.

"Whereas the inferior court of comuioii picas in several of the conn Preamble,
ties of this province are, by law, held twice onl}- in the year, so that
executions ui)on judgments obtained in such counties, at said courts,
are returnable but once in six months, whereby the creditor is or ma}'
be kept for a long time out of his just debt ; while in the other counties
of the province the writs are returnable ever}* three months, —

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

That from and after the publication of this act, the clerks of the in-
ferior court of common pleas in and for {Jhe'\ said counties, are hereby
authorized and directed to make all executions, on judgments obtained
in said courts, returnable into the said clerk's office, within three
months from the date thereof; and the clerk of said courts is furthei-
authorized, upon the return of such execution, to renew or make out an
alias execution for the mIioIc or the remainder, as the case ma}' be, re-
turnable at the next inferior court to be held in and for such couu-
^[y'][^'^]^- [_Po-^!>ed June 15.*

Executions,
bow to lie mnile

out.

CHAPTER 8.

AN ACT FOR CONTINUING CERTAIN CLAUSES IN AN ACT PASSED IN THE
THIRTIETH YEAR OF HIS LATE MAJESTY'S REIGN, INTITULED "AN
ACT FOR PROVIDING AND MAINTAINING TWO ARMED VESSELS TO
GUARD THE COAST, AND FOR SUPPLYING THE TREASURY WITH
SEVEN THOUSAND POUNDS FOR THAT END."

Whereas, by an act intituled "An Act for pro\iding and maintaining Preamble.
tAvo armed vessels to guard the coast, and for supplying the treasury nse-c", ci>ap.
with seven thousand pounds for that end," there was granted to his
most excellent majesty a duty of sixpence per ton on all ships and
other vessels, and also a duty, or excise, of sixpence per pound upon
tea, and twopence per pound upon coffee, and five per cent upon china-
ware, ad valorem, from and after the first da\- of November, in the
thirtieth year of his late majesty's reign, during the continuance of the
then war with France, and until the fir^^t day of November then next
following ; and tohereas, by the conclusion of the .said war. the exigencies
of the province do not require that the said duty on shipping should be
further continued, but those on tea, coftee, and china-ware ought to be
further continued beyond their present period, —

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

That the duties mentioned and laid in and by said act upon shipping,
shall cease and determine on the twentieth daj' of June, A.D. one
thousand seven hundred and sixty-three ; and that the duties laid in
and by said act, upon tea, coffee, and china-ware shall be continued Duties on tc*.
until the first day of November, A.D. one thousand seven hundri'd and chinil-'vr"rf, con
sixty-five : and all clauses in the said act respecting these last men- "njcd.
tioued duties are hereby declared to be and remain in full force until
the same day. \_Passed Jane 15.*

* Signed June lU according Xo the record.

Duties on ton-
n.igi'of 8liip-

piUg, to CCU8C.

644

Province Laws.— 1763-64.

[Chap. 9.]

CHAPTEE 9.

AN ACT FOR INCORPORATING THE FOURTH PARISH OF SPRINGFIELD,
IN THE COUNTY OF HAMPSHIRE, INTO A SEPARATE TOWN BY THE
NAME OF WILBRAHAM.

Preamble.

Bounda of the
town of Wilbra-
bam.

To join with

Springfield

in the- choice of

representatives.

■Wilbrahara
town : privi-
leges and duties.

Town-meeting
to be warned.

Whereas the inhabitants of the fourth parish in said Springfield have
represented to this court that the}- labour under great inconvenienc[t]es
and difBcultics in attending on the publick atfairs of the said town, b^- rea-
son of their great distance from the usual place where the}' are transacted,
&c., and that they are increased to such numbers that it ma}' be fit-
ting they should be incorporated into a separate town ; and have accord-
ingl}' petitioned this court therefor, —

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

[vSect. 1.] That the said fourth parish in said Springfield, with the
addition of half a mile west from the west line of said parish, from
Chicobee River on the north, to the northerly line of the township of
Somers on the south, — be erected into a separate town by the name
of Wilbraham ; and that the inhabitants of said town be invested with all
the powers and priviledges that towns in this province enjo}' by law,
that of sending a representative to this court only excepted ; and that
the said town shall have full right and libert}', from time to time,
to join with said town of Springfield in the clioice of repi'esentativcs to
represent them at the general assembly ; and that the said town of Wil-
braham shall, from tune to time, be at their proportionable part of the
cxpence of such representatives, and the freeholders and other iuhabit-
ants of Wilbj-aham shall be notified of the time and place of election, in
like manner as the inhabitants of said Springfield, l)v a warrant Irom the
selectmen of said Springticld, directed to the constable of said AVilbra-
ham, directing him to warn the inhabitants of said Wilbraham to attend
the said meeting at the time and place therein assigned ; and that the
pay of such representatives be born[e] by said towns of Springfield and
Wilbraham, in the same proportion, from time to time, as the}' pa}' to
the province tax.

And in order cflTectually to prevent any future dispute that might
otherwise arise between the said towns of Springfield and Wilbraham,
respecting their joint interests or joint duties, —

13e it enacted,

[Sect. 2.] That the said town of Wilbraham shall enjoy the two
ministry- and school lots in said town in full satisfaction of their share
in the ministry- and school lands in said town of Springfield and of the
money and debts due to said town ; that they pay their due proportion
of the town debts already contracted, and have their due proportion of
the town stock of ammunition ; that they pay to tlic support of the
present poor of said town of Springfield, now supported at the town
charge, eleven pounds in one hundred, so long as they shnll continue a
charge to said town ; and that this act shall not be construed to hinder
or prevent any persons, inhabitants of said Springfield, from cutting
tinil)er, or taking the herbage or stone, on any of the lands in said Wil-
braham, so long as they remain unfenced, any more than if this act Ivad
not been made, —

And be it further enacted,

[Sect. 3.] That John Worthington, Esqf''., be and hereby is
[e][/]mpowered and directed to issue his warrant, directed to some
jirincipal inhnbit;nit of siiid Wilbi-aham, requiring him to warn the
inhaliilants ol' said Idwn. (|na!irKMl to vote in town allairs, to assemble

[1st Sess.]

^ROVI^'CE Laws. — 17G3-G4.

G45

at some suitable time and place in said town to choose such odicers
as msiy be neccssaiy to manage the all'airs of said town, which, at
such meeting, they are hcrebj- [e] [«'] mpowercd to choose.

Provided, neverthelefis, —

[Sect. 4.] The inhabitants of said Wilbraham shall pay Iheir pro- ProvUo re-
portiouable part of all such piovince and county taxes as arc already set "P^cting taxes.
upon them by the said town of Springfield, in like manner as tho' this
act had not been made.

And be it further enacted,

[Sect. 5.] That of the sum set on the town of Springfield, as their
proi)ortion, with other towns, to a tax of one tliousand pounds, for llie
future the said town of Springfield shall retain the sum of eleven [)ounds
two shillings and tenpcnce, two farthiugs ; and that there l)e set on the
said town of Wilbraham the sum of one pound thirteen shillings and six-
pence, as their rate or proportion for their payment of publick taxes.
^Passed June 15.*

'r.'ix on Spring-
fi.l.l an<l Wil-
brali.'im ; pro-
poriioncd.

CHAPTER 10.

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF FIFTY
THOUSAND POUNDS; ALSO FOR APPORTIONING AND ASSESSING A
TAX OF EIGHTEEN HUNDRED AND TWENTY-EIGHT POUNDS TWO
SHILLINGS, PAID THE REPRESENTATIVES FOR THEIR TRAVEL,
SERVICE AND ATTENDANCE IN THE GENERAL COURT, IN THE YEAR
ONE THOUSAND SEVEN HUNDRED AND SIXTY-TWO; ALSO FOR
APPORTIONING AND ASSESSING A TAX OF SEVENTY-TWO POUNDS,
FOR FINES LAID UPON TO\\'NS THAT HAVE NOT SENT ANY PER-
SONS TO REPRESENT THEM IN THE GENERAL COURT THE PRESENT
YEAR; ALSO FOR ASSESSING SUNDRY TOWNS FOR THE SUM OF
NINETY-EIGHT POUNDS FOUR SHILLINGS AND SIXPENCE, BEING
SO MUCH ORDERED BY THE GENERAL COURT TO BE ADDED TO
THEIR TAX THE PRESENT YEAR, OVER AND ABOVE THEIR PRO-
PORTION OF WHAT IS LAID ON SAID TOWNS; ALSO FOR ASSESSING
SUNDRY TOWNS IN THE COUNTY OF HAMPSHIRE THE SUM OF
SEVENTY-THREE POUNDS FIFTEEN SHILLINGS, TAKEN OFF FROM
ROXBURY-CANADA, WHICH SUM WAS LAID ON THEM IN THE TAX
ACTS FOR THE TWO LAST YEARS: ALL WHICH SUMS AMOUNT TO
FIFTY-TWO THOUSAND AND SEVENTY-TWO POLTN'DS ONE SHILLING
AND SIXPENCE.

Whereas the great and general court or assembly of this province 1759-60, chap,
did, in their session in January, one thousand seven hundred and sixty, ^'^•5 2-
levy a tax of seventy-five thousand pounds ; and also, at their session
in April following, did lov^- one other tax of five thousand live hundred 176O-60, chap,
pounds ; and b}- another act at their session in June, one thousand seven ^°' § "
hundred and sixty, did levy a further tax of twcnt3--four thousand
pounds ; and at their session in June, one thousand seven hundred and neo-ci.chap.s.
sixtj^-two, did levy a further tax of thirty-nine thousand nine hundred S*-
and eight3'-four pounds : amounting, in the ■«hole, to one hundred and
fort3--fonr thousand four hundred and eighty-four pounds ; and by the
acts aforesaid provision was made that the great and general court
might, at this present session, apportion the same on the several towns,
districts, parishes and places within this province, if they tliouglit fit;
bid inasmuch as such a heav}' tax will be insupportable to tiie inhab-
itants of the province, under their present distressed circumstances,
and as the parliament of Great Britain have been graciously plcascfl to
make a jrrant to the colonies of the sum of one hundred and thirtv-three

1762-63, cliiip
5 4-

• Signed June IG, according to tho record.

Gi6 Piiov'ixcE Laws.— 1763-64. [Chap. 10.]

thousand three hundred and thirty-tliree pounds six shillings and eight-
pence sterling, to recompenee them for their services and expences in
the expedition for the year one thousand seven hundi'ed and sixt3'-one ;
and have also made a further grant to the colonies of the like sum
of one hundred thirty-three thousand three hundred and thirty-three
pounds six shillings and eightpcnce sterling, to recompenee them for
their services and expences in the expedition for the year one thousand
seven hundred and sixty-two ; which monies, when drawn for by the
province, or otherwise received into the treasury, with the tax of fifty
thousand pounds agreed to be assessed and levied this 3'ear, will be
sufKeient to redeem the government securities, with the interest that
will become due in June next, which the treasurer is hereby directed
and impowered to apply to that purpose, when the same shall be re-
ceived into the treasury, and for no other purpose whatsocA'cr ; where-
fore, for the ordering, directing and effectual drawing in the said sura of
fifty-two thousand and seventy-two pounds one shilling and sixpence,
we, his majesty's most lo3'al and dutiful subjects, the representatives in
general court assembled, praj' that it may be enacted, —

And be it accordingly enacted by the G'overno\u^j\ Council and House
of Representatives ,

[Sect. 1.] That each town, district, parish or other place within
this province be assessed and pay, as such town, district, parish and
place's proportion of the sum of fiftj'-two thousand and seventy-two
pounds one shilling and sixpence ; the seveval sums following ; that is
to say, —

[1st Sess.] PKOviNct: Laws. — 17G3-64.

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Province Laws.— 1763-64. [Chap. 10.]

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[1st Sess.]

Province Laws.— 1763-64.

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658 Peovince Laws.— 1763-64. [Chap. 10.]

And he it further enacted^
Rules for [Sect. 2.] That the treasurer do forthwith send out his warrants,

assessment. directed to the selectmen or assessors of each town, district, parish or
other place within this province that are taxed, requiring them, respec-
tivelj-, to assess the sum hereb}' set upon such town, district, parish or
other place, in manner following ; that is to say, to assess all rateable
polls above the age of sixteen jxars, within their respective towns,
districts, parishes or other places, or next adjoining to them, belonging
to no other town or place, at six shillings and eightpence per poll, and
. proportionabh' in assessing the fines mentioned in this act, and the
additional sum received out of the treasur}-, for the paj-ment of repre-
sentatives (excepting the governor, lieutenant-governor and their
families, the president, fellows, professors, Hebrew instructor and
students of Harvard College, settled ministers, and gramm[e]["a]r
schoolmasters, who are hereb}' exempted as well from being taxed for
their polls, as their estates being in their own hands and under their
actual management and improvement ; as also the estate pertaining to
Harvard College) ; and other persons, if such there be, who, ihvo' \_ngh']
age, infirmity or extreme poverty, in the judgment of the assessors, are
not able to pay towards public[k] charges, the}- may exempt their
polls, or abate part of what the}* are set at, as in their prudence the}'
shall think fit and judge meet.

[Sect. 3.] And the justices in their general sessions, in the respec-
tive counties assembled, in granting a county tax or assessment, are
hereb}' ordered and directed to apportion the same on the several
towns, districts, parislies and other places in such county in propor-
tion to their province rate ; and the assessors of each town in the pi-ov-
ince are also directed, in making an assessment, to govern themselves
by the same rule ; and the incomes of all estates, both real and per-
sonal, lying within the limits of such town, district, parish or other
place, or next unto the same, not paying elsewhere, in whose hands,
tenure, occupation or possession the same is or shall be found, and
also the incomes or [)rofits which any person or persons, except [ed] as
before excepted, do or shall receive from any trade, faculty, business
or emplo3'ment whatsoever, and all profits which shall or may arise by
mone}', or commissions of profit, in their improvement, according to
their understanding or cunning, at twelvepence per jwund ; ancl to
abate or multiply the same, if need be, so as to make up the sum set
and ordered hereby fur each town, district, parish or other place to
pay ; and in making their assessment, to estimate houses and lands at
six 3'ears' 3"earl3' rent, whereat the same ma3' be reasonabl}' set or let
for in the place where the3- h'c : savinr/ all agreements between landlord
and tenant, and where no agreement is, the landlord to re-imburse one-
half of the tax set upon such houses and lands; and to estimate negro,
Indian and niolatto servants proporti()nal)l3' as other personal estate,
according U) their sound judgment and discretion ; as also to estimate
ever}' ox of four years old and upwards, at forty shillings ; and every
cow or heifer of three yeai's old and upwards, at thirty shillings ;
and every horse and mare of three years old and upwards, at forty
shillings; and every swine of one year old and upwards, at eight shil-
lings ; goats and sheep of one year old at three shillings each ; the sev-
eral creatures above mentioned to be taxed to their respective owners
or occupants, by the assessors of the towns in which the owners or
occupiers dwell : likewise requiring the said assessors to make a fair
list of said assessment, setting forth, in distinct columns, against each
particular person's name, how much he or she is assesscnl at for polls, and
liow much for houses and lands, and how much for pi'rsonal ostat(>. and
income l»v trade or facuily ; anil if as guardians, or for ajiv estate, in

[1st Sess.] Province Laws.— 1763-04. (J^O

his or her improvement, in trust, to be distinctly expressed ; and the
list or lists, so perfected and signed b}' them, or tlie major part of them,
to commit to the collector, constable or constables of any sucii town,
district, parish or place, and to return a certificate of the name or names
of such collector, constable or constables, with the sum total to each of
them committed, unto himself, some time belbre the last da}' of Novem-
ber next.

[Sect. 4.] And the treasurer, for the time beiiig, upon receipt of
such certificate, is hereby [e] [/]m|)owered and ordered to issue forth
his warrants to the collector, or constal)le or constal)les, of such town,
district, parish or place, requiring hiui or them, respectively, to collect
the whole of each respective sum assessed on each particular person,
and to pa}' in their collection, and issue their accom[)ts of the wliole, at
or before the thirty-first da\' of March, which will be in the year of our
Lord one thousand seven hundred and sixty-four.

And be it further enacted,

[Sect. 5.] That the assessors of each town, district, paiisii oi'otiier iiihabitanu to
place, respectively, in convenient time, before their making of the i]"t"of'i'iu-ir""'
assessment, shall give seasonable warning to the iuhaliitants, iu a town- polls, chuu', &i.
meeting, or In* posting up notifications in some place or places in such
town, district, parish or other place, or notifv the inhabitants some
other wa}', to give or bring in to the assessors true and perfect lists of
their polls, rateable estate, and income by trade or faculty, and gain by
money at interest, which they are to render to the assessors, on oath, if
required ; and if they refuse to give in an account of the money at inter-
est, on oath, the assessors are [e][/]mpowered to doom them; and
if an}' person or persons shall neglect or refuse so to do, or bring in a
false list, it shall be lawful to and for the assessors to assess such per-
son or persons, according to their known ability iu such town, in their
sound judgment and discretion, their due proi)ortion of this tax. as near
as the}' can, agre[<']able to the rules herein given, under the ix'nalt}' of
twenty shiUings for each person that shall be couvieted l)y legal proof.
in the judgment of said assessors, in bringing in a false list ; the said
fines to be for the use of the poor of such town, district, parish or place
where the delinquent lives, to be levied by warrant from the assessors,
directed to the coUecttjrs or constal)les in manner as is directed for
gathering the town assessments, to l)e paid iu to the town, district or
parish treasurer, for the use atbresaid : saving to the party aggrieved at
the judgment of the assessors in setting forth such fine, libertj' of
appeal therefrom to the court of general sessions of the peace within
the county, for relief as iu the case of being overrated. And if an}'
person or persons shall not bring in a list of their estates as atbresaid
to the assessors, he or they so neglecting shall not be admitted to make
application to the court of general sessions, for any almtemeut of the
assessment laid on him or them.

[Sect. (?.] And if the person be not convicted of any falseness in
the list, by him presented, of the polls, rateal)le estate, or income b}'
trade or facultv, business or employment, which he does or shall exer-
cise, or in gain by money at interest or otherwise, or other estate not
particularly assessed, such list shall be a rule for such person's propor-
tion to the tax which the assessors may not exceed.

And forasmuch as, oftentimes, sundr}' i)ersons, not belonging to this
province, bring considerable trade and merehandize. and by reason that
the tax or rate of the town where they come to is finished and deliv-
ered to the constable or collectors, and, before the next year's assess-
ment, are gone out of the [jrovince, and so i)ay nothing towards the
support of the government. tlio'[ugl>]. in the time of their residing
here, they reaped (■()nsideral)le gain l>y trade. ;uid had the [)rotection of
the government, —

660

Peovixce Laws.— 1763-64.

[Chap. 10.]

Transient
traders, to be
rated.

MercliantB to be
rated lor carry-
injij on trade in
any town be-
sides where they
dwell.

Selectmen to
transmit a Hat
of such persons,
before they are
rated.

Inhabitants of
Boston who
remove out of
town and return
in a year, to pay
their tax in said
town.

Treasurer em-
powered to
ihsue a further
warrant for an
assessment, in
case, &c.

Be it therefore enacted,

[Sect. 7.] That when any person or persons shall come and reside
in an}^ town within this province, and bring any merchandize, or trade to
deal therewith, the assessors of sneh towns arc hereby' [c][/]mpowercd
to rate and assess all such persons, according to their circumstancos,
inirsuaut to the rules and directions of this act provided, though the
former rate may have been finished, and a new one not perfected, as
aforesaid.

And be it farther enacted,

[Sect. <s.] That when any merchant, trader or factor, shall set up
a store, and trafflck, or carry on an}^ trade or business, in any town with-
in this province, not being an inhabitant of such town, the assessors of
such town where such trade and business shall be carried on as afore-
said, be and hereby are [e] [/Jmpowered to rate and assess all such
merchants, traders and factors, their goods and merchandizes, for car-
rying on such trade and business and exercising their faculty in such
town, pursuant to the rules and directions of this act: provided., before
any such assessors shall rate such persons, as aforementioned, tlic
selectmen of the town where such trade is carried on shall transmit a
list of such persons as they shall judge may and ought to be rated
within the intent of this act, to the assessors of such town or district.

[Sect. 9.] And the constables or collectors are hereby enjoined to
levy and collect all such sums committed to them, and assessed on per-
sons who are not of this province, or are residents in other towns than
tliose where they carry on their trade, and pa}' the same.

And whereas it has been the practice of some of the inhabitants of
the town of Boston to remove to some other town in this province, and
there reside for some months, to avoid i)a3'ing tlieir part of the taxes in
the town of Boston, to which the}' really belong, to the great injury of
said town, —

Be it therefore enacted,

[Sect. 10.] That wh[en][y(:^] any inhabitant of the town of Boston
shall remove to any other town in this province, and shall in one j'ear
after remove back to said Boston, ami shall have l)een taxed in said
town, he shall be subject to pay said taxes in like manner as he wouhl
have been had he not have removed from said Boston {saving so much
as he shall l)e taxed in the town removed to), anything in this act to
the contrary notwithstanding.

And be it further enacted,

[Sect. 11.] That if the treasurer shtiU not receive so much of the
several parliamentary grants, by this act ap[)ropriated for tiic redein[)-
tion of the treasurer's notes tliat shall bitcoine due in June next, and
the general court shall not otherwise provide for the redemption of said
notes on or before the twentietli day of Januaiy next, then, and in that
case, he shall issue forth his warrants, directed to the selectmen or
assessors in each of the towns and districts within this pro»ince, re-
(luiring thein to assess the polls, and estates both real and personal,
within their sevetal towns and districts, for their respective jiart and
proportion of whatever sums shall be wanting, of the saiil parliamentary
grants, for the purpose aforesaid, to be paid into the pul>lic[k] treas-
ury l)y the thirty-lirst day of March, one thousand seven hundred anil
sixty-lour ; and the assessors, as also all persons asst^ssed, shall observe,
be governed l)y, and subject to, all such rules and directions as shall
have been given in the then last i)rece[e]ding tax act. [_l\issed June.
10.*

•Signed Juno IG, according to the record.

661

[1st Sess.] Pkovinue Laws. — 1703-G4.

CHAPTEK 11.

IN ACT IN ADDITION TO THE ACTS ALREADY MADE FOR THE MORE
SPEEDY EXTINGUISHMENT OF FIRE, AND PRESERVING GOODS EN-
DANGERED BY IT.

Whereas, in and by an act made and passed in the eighteentli year of Preamble,
the reign of his hite majesty King George the Second, intituled "An 30, §§*'i| 2.'"'''
Aft for the more spet'dy exthignisinnent of fire, and preserving goods
endangevcd by it," it is enacted that the several towns within tliis prov-
ince may, if they see meet, at their anniversary meeting in 3Iarch,
annually, ap[)oint a suitable number of persons, not exceeding ten, who
shall be denominated fire-wards, whose particular business shall be to
take care and govern at fires — which from time to time may break out
— as in and by said act they are directed and impowered to do ; and '.n
and by an act passed in the twenty-fifth year of [the reign of] his hite
majesty, the town of I'oston arc impowered to choose, if they see fit,
two persons for fire-wards, over and above the number they were im-
powered to choose by the act passed in the eighteenth year of the reign
aforesaid ; and ivhereas it is apprehended it would greatly serve the
said town of Boston, if their numbers were still increased, —

Be it enacted by the Governor^ Corcncil and House of Representa-
tives,

That it shall and may be lawful for the town of Boston, who. at
present, have twelve fire-wards, at an}' town-meeting warned for that
purpose, to elect and appoint four more meet persons as fire-wards, who
shall servo in that office till their anniversary meeting in March next ;
and from thenceforward, as they shall see canse, to choose sixteen
persons for that purpose annually, who shall do the duty, and be invest-
ed with the like powers and i^riviledges as fire- wards in and by the said
acts are invested. [Passed June 15,* 1763.

cbap. 2.

Town of IJosion
may elect six-
teen fire-wards.

CHAPTEK 12.

AN ACT FOR RECORDING SUCH PAPERS, PROPER TO BE RECORDED,
THAT HAVE BEEN EXHIBITED TO, AND RECEIVED BY, THE SU-
PERIOR COURT OF JUDICATURE, COURT OF ASSIZE AND GENERAL
GOAL DELIVERY, OR BY THE SEVER.VL JUDGES OF PROBATE OF
WILLS, AND GRANTING LETTERS OF ADM INIS rR.VriON[.sJ, OR BY
THE RESPECTIVE COURTS OF GENERAL SESSIONS OF THE PEACE,
AND INFERIOR COURTS OF COMMON PLEAS; AND FOR RECORDING
ALL JUDGMENTS OR DECREES OF SAID COURT OR COURTS, WHERli
THE CLERK OR CLERKS, REGISTER OR REGISTERS, OF SAID COURT
OR COURTS, ARE DECEASED, LEAVING THE SAME NOT RECORDED.

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the justices of the snpenor court of judicature, i-aperstobe
court of assize and general goal deliverv ; the judges of the i)roliate of recorded in tiio

... , .°, ° ~ ■, . . " . r-1.1 ... f .t several coiirlK of

Wills, and granting letters of admunstrationL-sJ ; the justices of the law and couru
court of general sessipns of the peace, and the inferior court of com- "'^ i>ro\>Mc
mon pleas ; are hereby respectively impowered and enjoined, where any
clerk or register of either of the beforementioned courts are deceased,
lea\'ing any papers, judgments or decrees unrecorded, in either of said

• Signed June 16, according to the record.

662

Pkovinck Laws.— 1763-64. [Chap. 13.]

Estates of de-
fii;itnt clerkB or
rc'gislors, liable
to defray the
charge of
recording.

Former clerks
or registers now
living, if de-
ficient, to defray
the charge.

courts, which are proper to be recorded, forthwith to cause tlic same
to be put u[)on I'ccord, by such person or persons as they sliall omplo}'
for tliat purpose ; the charge arising therefrom to be paid out of the
estate of such deficient clerk or register : provided there is a sutficiencv
left therefor ; and the surviving clerk or register is hereby- imi)owercd
and enjoined to prosecute foi' and recover the same : but where there
is not a sudiciency of estate left to defrey the charge aforesaid, if such
charge hath arisen by the neglect of the clerk or clerks of said superior
court, the same shall be paid out of the province treasniy ; if through
the neglect of the register or registers, clerk or clerks, of the court of
probate, the court of general sessions of the peace, or inferior court
of common pleas, then such charge shall be paid by the county where
such deficient register or clerk lived and sustained said office : and
the successors of the clerks or registers aforesaid are hereby respective-
ly impowered and required to demand and receive, sue for and recover,
the papers, judgments and decrees aforesaid, that so the same may be
recorded according to the directions in this act made and provided.

And he it farther enacted,

[Sect. 2.] That if any one that has been a clerk or register of either
of the courts aforesaid, that may be still surviving and not now in said
office, hath been and still continues deficient, in any instance before-
mentioned, — -that, in every such case, the same power is hereb}' given to
each of the courts aforesaid, as by this act is provided where the de-
ficient clerks or registers may l)e dead ; and every person that has been
clerk or register, and hath been and still continues deficient as afore-
said, shall l)e lial)le and herel)y is subjected to pay all such costs and
charges as may arise from such his neglect ; and the surviving clerk
or register is hereby impowered and enjoined to prosecute for and re-
cover the same. \^Passed June 15.*

CHAPTER 13.

AN ACT TO [E][/JMPO\VER THE PROVINCE TREASURER TO DRAW
BILLS OF EXCHANGE UPON THE AGENT OF THE PROVINCE IN
GREAT BRITAIN.

Preamble. WnEUKAS tlic parliament of Great Britain has made a grant of one

hundred and thirty-three thousand three hundred and thirty-three
pounds six shillings and eightpence sterling, to enalile his majesty to
recompence his northern colonies in America, for their military services
in the year one thousand seven hundred and sixty-one, a proportion of
which grant it is ex[)ected is already assigned this province, —

Be it enacted b>/ the Governor, Council and House of Representa-
tives,
Province trcae. [Sect. 1.] That tlie province treasurer be and he hereby is
iirer empowered [(>] r/lmijowcred and directed to draw bills of exchange on Jasper

to draw billsof i,-"-,-^./ t. 1.1 .. i- -i • •/-<*.■!■>•.•• i-

exchungo. iMauduit, hsq'"'., agent \ov said province in dreat iJritain, or, in case 01

ills ])eiiig i)revented by deatii, absence, or any other way, on IJichanl
.Jackson, jim''''., Kstji'^'., for a sum not exceeding tliirty-five thousand
pounds; and the said bills shall be drawn on tlie following conditions;
viz'"., that for every hundred pounds sterling for which sut-li l>ills shall
l>e drawn, one iiundred and thirty-six i)oiinds lawful money of this prov-
ince siiall be paid into the proxince tieasury; that such l)ills sliall Ite
drawn payable to the persons purchasing the same, or to their order, at
thirty (lays' sight ; but if the province agent, or, in case of his being pre-

• SiRnod Juno Ifi, accorclinsj to the rct-onl.

[1st Siiss.] PitovjLN'CE Laws. — 17C3-G4.

GG;J

vented b}' doatli, absonco, or any ollior way, IJichaid Jackson, jun^''^,
Esq'"'., at the exi)iralion of thirty days, shall nut have rccoivi-d the
province's proportion of the grant, then interest shall be allowed, from
the exjjiration of said thirty days, at the rate of six per cent per an-
num, until paid ; and such bills shall not be protested until twelve
months shall be expired from their respective dates; and in case of
their being returned protested, after the expiration of said twelve
months, the province treasurer shall repay the sums received into the
treasury for such bills, with lawful interest from their respective dates,
but shall not be liable to pa}' an}' loss or damages on account of the
protesting such bills : said bills to be of the form following ; viz^"., —

sterling. (No. ), Boston,

17G->. Form of tlie bill.

Treasurer to
open a subBcrip-
tion.

Exchange for £
Sir,

At thirty days' sight of this my first per exchange (second, third and fourth,
of the same tenor and date, unpaid), pay mito , or order,

pounds sterling, for value received, and charge it to the prov-
ince of the Massachusetts Uay; but if it is not paid at said tliirty days' sight,
then pay intei'est on that sum, from the expiration of said thirty days until
paid, at tlie rate of six pounds per cent per annum ; and if this bill and interest
is not paid in one year from the date hereof, 1 hereby oblige luyself, and
successors in the oflice of treasurer of tlie province of the Massachusetts Bay,
to pay said bill, with interest from tlie date of it, at the above rate, until
paid, when it shall be returned with a protest into the oflice afoi-esaid, but no
other charges or damages : provided, that, if payment shall not be demanded
within six months after the date of said protest, the interest shall, from that
time, determine and cease.

II. G., Province Treasurer.

To Jasper Mauduit, Esq"^'^., agent for the province of the ^Massachusetts
Bay, in London, or, in case of his death or absence, to Richard Jackson, jun^'^.,
Esqt'J.

And he it further enacted^

[Sect. 2.] That the province treasurer shall and he hereby is di-
rected to prepare, forthwith, a roll for receiving subscriptions for the
bills aforesaid, of which he shall give public [k] notice, that all persons
inclining may become subscribers. And the said subscrii)tion-roll shall
l[y][/]e open to be subscribed, until the first day of July, one thousand
seven hundred and sixty-three ; at which time, if a greater sum than
thirty-five thousand pounds, aforesaid, shall be subscribed, each sub-
scriber shall be intitled to such a part of said proportion, in bills, as
his particular subscription shall bear to the whole sum subscribed.

Provided, ahvays, —

[Sect. 3.] That no person shall be permitted to subscribe for more provino limiting
than seven hundred pounds sterling, or less than fifty pounds sterling ; ^|',brc"i'bi<i,':uia
nor shall any persons be admitted to subscribe, but such as are inhab- to the iniiabii-
itants of this province, until the said first day of July next, when, if the provUice."*
sum subscribed shall appear to be less than the thirty-five thousand
pounds aforesaid, any persons whatsoever shall be allowed to become
subscribers for the remainder, and in such sums as they may think
proper, preference being given to the inhabitants of this province.

And be it further enacted,

[Sect. 4.] That if the sums subscribed, as aforesaid, shall not be
paid into the province treasury within twenty days after public[k] no-
tice, given by the treasurer, in all the Boston newspapers, that he is
ready to draw the bills as aforesaid, then he shall allow any person or
persons whatsoever to become subscril)ers in room of those who shall
neglect to pay their subscri[)tions until the expiration of the twenty
da\ s aforesaid ; and sucli new subscriber[.s] shall be intitled to such bills
upon tiieir paying for them at the rate aforesaid. [Pa.s.sed June 15,*

17G;J.

• Signed June IG, according to the record.

Any porhon iiiny
subscribe ufli-r
l8t July.

664:

PitoviNCE Laws.— lTGo-G4. [Chai's. 14, 15.]

CHAPTER 14.

AN ACT TO ENABLE TPIE PROPRIETORS AND INHABITANTS OF THE
TOWN OF TYRINGHxVM, IN THE COUNTY OF BERKSHIRE, TO
RAISE AND COLLECT MONIES FOR DEFREYING PAST AND FUTURE
CHARGES, UPON AND FROM THE PROPRIETORS OF LANDS LYING
IN THE SAME TOWN.

Preamble.

Proprietors of
Tynii!;h.iiTi en-
abled to raise
and collect
money.

Non-resident
proprietor's
lands subjected
for payment.

Whereas sovcral sums of money have been heretofore granted by the
proprietors of lands in the town of Tyringliam, and other and further
sums are and ma}- be needed, to defrey the necessary charges of tlic
proprietors of said lands, wliich charges arose before tlie incorporation
of said lands, and the inhabitants thereof, into a town ; and tvhercas
there are sundry proi)rietors of lands contained in said town, who have
not fulfilled the orders of the general court in settling their lands in
said town, to the great detriment thereof, —

Be it therefore enacted hy the Governor^ Council and House of
Representatives,

[Sect. 1.] That the proprietors of the said town of Tyringliam be
and they hereby are as fully authorized and [e][/]nipowered to proceed
to raise, levy and collect all such sum and sums of money already-
granted, or that hereafter may be granted, by the said proprietors, for
the dcfreying the charges aforesaid, as before the iiicori)oration of said
lands, and inhabitants thereof, into a town, they lawfully might or could
do.

And be it further enacted^

[Sect. 2.] That eacii non-resident in-oprietor of lands in said town,
who hath not fulfilled the terms and conditions of his grant and right in
said town, according to the order of the general court, be subjected
to the payment of a tax of twopence per acre, per annum, of his lands
in said town, until[/] he shall have fulfilled the terms and conditions of
settlement aforesaid ; and the assessors of the town of Tyringliam are
hereby [e][/]mpowered to assess the same accordingly, and to improve
the same for defrey iiig the necessary charges of said town : and each
of the said non-resident proprietors' lands shall, in case of non-payment
of such tax, be liable to be sold for the payments thereof, as by law is
directed in ease of the sale of lands for taxes, in new townships within
this province. \_Passed June lo,* 17G.'5.

CHAPTER 15.

Preamble.

HciunclH nf

lllHlli.lof

nci'i.

Uic
Well-

AN ACT TO INCORPORATE THE NORTH PRECINCT IN EASTHAM INTO
A DISTRICT BY THE NAME OF WELLFLEET.

Whereas the inhabitants of the north i)rceinct in Eastham, in the
county of Barnstable, have represented to this court tlie great didicul-
ties and ineonvenieiic[j]es tin-y laliour under in their present situation,
and have earnestly recpiested that tliey may l)e incorporated into a dis-
tinct district, —

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

[Sect. 1.] That the north precinct in Eastham, in the county of
lianistable, according to the known l)oun(ls of said iirecinct, be and
lidflty is incorporated into a district by the name of Wellilect, except-

• Juno 1(5, according to the record.

[1st Sess.]

Province Laws. — 17C3-G4.

665

iiig the estate of Silvaiuis Snow, and the inhabitants dwelling, or who
sliiill dwell, thereon, which are to remain to the town of l^astliani, and
lo the south preeinet in said town : sai^l Snow pa3ing his part or pro-
[><)rti()n of all past taxes in the said north preeinet, that remain unpaid ;
anil that the said district he and hereby is invested with all the privi-
leilges, powers and immunities that towns in this province do or ma}"
enjoy, excei)ting the i)riviledge of ehus[e]ing a representative to repre-
sent them in the great and general court, in chus[e]ing of whom, the
inhaltitants of said district shall join with the inhabitants of the said
town of Eastham, as heretofore hath been usual, and also in paying
said representative ; the selectmen of the town of Eastham, from time
to time, to warn the inhabitants of said district, of the time and place
of the meeting for the choice of a representative, b}' issuing their war-
rant to one or more of the constables of the said district, requiring them
to warn and give public[/l] notice thereof to the said inhabitants.

Provided, neverthek'Sft, —

[Sect. 2.] The said district shall pa}' their proportional part of all
such town, count}' and province charges as are already assessed npon
the town of Eastham, and also reserving to the inhabitants of said
town the priviledges by them heretofore enjoyed — of all ways to, and of
erecting houses on, the l)eaches and islands, for the convenienc}' of the
fishery, of all kinds ; and of anchorage, and of landing all goods or
wares at any of their common landing-places in any of the harbours of
said Eastham — in like manner as they miglit have done if this act had
never been made and i)assed.

And be it further enacted,

[Sect. 3.] That John Freeman, Esq'^''^., be and hereby is impowered
to issue his warrant to some principal inhabitant of the said district,
requiring him to call the first meeting of the said inhabitants, in order
to ch[u][oo]se such officers as by law towns are impowered to
ch[u][oo]se in the month of March, aunuall}'. [^Passed June IG.

To join with
KuKtlium ill the
chuice of lepro-
suiitativcs.

Proviso respect,
ing tiixes and
privileges.

First district-
ineetinf?, to be
warned.

CHAPTEK 16.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF THIR-
TY-SIX THOUSAND SIX HUNDRED AND THIRTY-FIVE POUNDS, TO
BE THENCE ISSUED FOR DISCHARGING THE PUBLIC DEBTS, AND
DRAWING THE SAME INTO THE TREASURY AGAIN.

"Whereas it is necessar}' that provision be made by the general court Preamble,
for discharging the debts of the present and preceeding years, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the treasurer of the province be and [//«] hereby is Treasurer
impowered and directed to borrow, from such person or persons as shall bor'row*^£io,&J5
be willing to lend the same, from time to time, as he shall have occa-
sion for the money, a sum not exceeding thirty-six thousand six
hundred and thirty-five pounds, in mill'd dollars at six shillings each,
or in the several species of coined silver and gold enumerated in an act,
made and passed in the twenty-third year of his late majesty King
George the Second, intituled "An Act for ascertaining the rates at
which coined silver and gold. English halfpence and farthings, may pass
within the government ; " and the sum so borrowed shall be applied in
manner as in this act is hereafter directed : and for the said sum the
treasurer shall give his receipt or obligation in the form following : —

1749-50, ibap
19.

GGG

Pkuvince Laws. — 1TG3-G4.

[Chap. 10.]

Regulation of

the sum, and
manner of issu-
inu Iho notes.
17tJl-C2, chap.
23.

Form of the I Vovince of the Massachusetts Bay, the day of , A.D.

not*' Borrowed and received of the sum of , for the use and

service of the province of the ^Massachusetts Bay ; and, in behalf of said prov-
ince, I do hereby promise and oblige myself and successors in the office of
treasurer, to repay the said or to his order, the sixteenth day

of June, A.D. one thousand seven hundred and sixty-five, the aforesaid sum of
, in Spanish mill'd dollars at six shillings each, or in the several
species of coined silver and gold enumerated in an act, made and passed in the
tsventy-third year of his late majesty King George the Second, intituled " An
Act for ascertaining the rates at vrhich coined silver and gold, English half-
pence and farthings, may pass within the government," and according to the
rates therein mentioned, -svith interest, annually, at six per cent.

Witness my hand. " II. G., Treasurer.

A. B.,^

C. D., >• Committee.
E. F.,)

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

[Sect. 2.] And the treasurer, in issuing said receipts or obligations,
and the committee chosen to countersign them, shall observe and bo
governed by the rules and directions given them by an act of this prov-
ince, made in the second year of his i)resent majesty's reign, intituled
" An ^Vct to sujiply the treasur}- with the sum of twenty-five thousand
pounds."

A)id be it further enacted,
Appropriations. [Si:CT. 3.] That the aforesaid sum of thirty-six thousand six hun-
dred and thirty-five pounds, when received into the treasury, shall be
issued in the manner and for the purposes following ; that is to sa}", the
sum of eighteen thousand six hundred and forty pounds, part of the
aforesaid sum of thirty-six thousand six hundred and thirty-five pounds,
shall be applied for comploating the [)ayment of the forces employed by
this government in the year one thousand seven hundred and sixty-two ;
and the further sum of four thousand and five hundred pounds, part of
the aforesaid sum of thirty-six thousand six hundred and thirty-five
pounds, shall be api>lied for the payment of the oxpences of the several
forts and garrisons wilhin this province ; and the further sum of two
thousand and five hundred pounds, part of the aforesaid sum of thirty-
six thousand six hundred and thirty-five pounds, shall be a[)plicd for
purchasing provisions, and the connnissary's disbursements for the ser-
vice of the several forts and garrisons within this province ; and the
further sum of five tliousand and five hundred })ounds, part of the afore-
said sum of thirty-six thousand six hundred and tliirty-iive pounds,
shall be a[)plied for the payment of the grants made or to be made by
this court; and the further sum of three thousand pounds, part of the
aforesaid sum of thirty-six thousand six hundred and thirty-five pounds,
shall be applied for the discliarge of (U'bts owing from this j)rovince to
persons that have served or sluill serve them, by order of this court,
in sucli matters and things where there is no establishment nor any cer-
tain sum assigned tliem for that purpose, and for pai)er, writing and
printing for this court, and repairs of the province-house, court-house,
liglithouse, wood at Castle William, and repairs of ibrtifications within
this province ; and the furthei- sum of two thousand pounds, part of the
albresaid sum of thirty-six thousand six hundred and thirty-five pounds,
shall be ap|)lied for the payment of his majesty's council and tlie mem-
bers of the liouse of representatives serving in the great and general
coin-t during the several sessions of the present year ; and the further
sum of two hundred and ninety-live pounds, i)art of the aforesaid sum
of thirty-six thousand six hundred and thirty-live jiounds, .shall be ap-
l)Iied lor tlie i)ayment of the charge of maintaining armed vessels of
war bc'loi\ging to this province ; and the further sum of two hundred

[1st Sess.]

Pkovikce Laws. — 17Co-G4.

GG7

Tax of £41,031
4«.

pounds, being the remainder of the said sum of thirly-six lliousnnd six
hundred and tliirty-five pounds, shall be ai)plied to pay siieh eontiuijjcnt
and unforeseen charges as may arise, and for no other puri)ose wliat-
soever.

And in order to draw said money into the treasury again, and enal)le
the treasurer effectually to discharge the receipts and obligations (with
the interest that may be ihie tlu-reon) by him given in i)ursuance of this
act,—

Be it enacted,

[Sect. 4.] That there be and hereby is granted unto his most ex-
cellent majesty a tax of forty-one thousand and thirty-one pounds lour
shillings, to be levied on polls, and estates both real and personal
within this province, according to such rules, and in such proportions
on the several towns and districts within this province, as shall be
agreed on and ordered b}' the general court or assembly at their
sessions in Ma}-, one thousand seven hundred and sixty-foiu", and
to be paid into the public treasuiy on or before the thirtieth da}' of
March, A.D. one thousand seven hundred and sixfj^-five.

And be it farther enacted,

[Sect. 5.] That if the general court, at their sessions in May, one To be paid as in
thousand seven hundred and sixty-four, and some time liefore the twen- [ng lilx icirin*'
tieth day of June, in said year, shall not agree and conclude upon an case,
act ap[)ortioning the sums which by this act are engaged to be paid in
said year, a[)portioned, assessed and levied, then and in such case each
town and district within this province shall pay, by a tax to be levied
on the polls, and estates*both real and personal, within their limits, the
same proportion of the said sum as the said towns and districts were
taxed b}- the general court in the tax act then last preceeding.

[Sect. 6.] And the province treasurer is hereby fully im[)owercd
and directed, some time in the month of July, in the same year, one
thousand seven huntlred and sixty-four, to i.s:?ue and send forth his
warrants, directed to the assessors or selectmen of each town and dis-
trict within this province, requiring them to assess the polls, and es-
tates both real and personal, within their several towns and districts, for
their respective i)arts and proportions of the sums before directed and
engaged to be assessed, to be paid into the treasury on the aforemen-
tioned time ; and the assessors, as also persons assessed, shall observe,
be governed b}', and subject to, all such rules and directions as shall
have been given in the last preceeding tax act.

And be it farther enacted,

[Sect. 7.] That the treasurer pay the sum of thirty-six thousand Money to be
six hundred and thirtj'-five i)Ounds out of such ai^propriations as shall pro'pc'"nppro-'
be directed by warrant, and no other ; and the secretary to whom it i>''"i'on8.
l)clongs to keep the muster-rolls and accounts of charge, shall lay before
the house of representatives, when they direct, such muster-rolls and
accounts, after payment thereof.

Provided, alv:ays, —

[Sect. 8.] That the remainder of the sum which shall be brought rrovUo.
into the treasury by the taxes ordered by this act to lie assessed and
levied, over and above what shall l)e suflicicnt to discharge the notes
and obligations aforesaid, shall be and remain as a stock in the
treasury, to be ajiplied as the general court of this province shall here-
after order, and to no other purpose whatsoever. [Passed June 16.

668

PROVINCE Laws. — 1763-04. [Chaps. 17, 18.]

ACTS

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

1763-

CHAPTER 17.

AN ACT TO PREVENT, IF POSSIBLE, THE FURTHER SPREADING OF
THE SMALL-POX IN THE TOWN OF BOSTON.

I'leambie. Wheueas it is rcprcseutocl to this court that there is still hope that

the spreading the small-pox in the town of Boston may be prevented, if
due care be taken, inasmuch as the families visited with that distemper
generall}' live in the same ueighbouriiood, —

Be it therefore enacted by the Governor^ Council and House of
Representatives^

[Sect. 1.] That all persons in the said. town shall be held and
l)0und to observe all the directions of the law of this province, made
in the sixteenth year of his late majesty's reign, intitled "- An Act to
prevent the spreading of the small-i)0x and other infectious sickness,
and to prevent the concealing the same," and mider all the penalties in
the said act contained, until that thirty families are known to be visited
in the said town, at one time, with that distemper.

[Sect. 2.] And no person shall presume to inoculate or be iuocu-
lated in the said town without the leave of the major part of the select-
men, in writing, at their meeting for such pur|)0se. until that thirt}'
families are known to be visited with the said distemper at one time,
unless, l)eforc that time, the selectmen of the said town shall give pub-
lic notice that they have no hope to stop the progress of the said dis-

Ponaity. tem[)er, on the penalty of fifty pounds, to be recovered and a|)i)lied as

in said act is mentioned ; and the selectmen of said town are liereby
required, so soon as the number of thirty famiru's shall l>e visited witii
that distemper, to give notice thereof in the several IJostou newsi)ai>ers,
lor the information and satisfaction of such as art' minded to be inocu-
lated.

Liiiiitiiiion. [Sect. .">.] This act to continue and he in ibrce for two months from

the twentieth day of Jamiary, one thousand seven hundred and sixty-
four, and no longer. [^Passed January 20,* 17G4.

Act of Georgo
n., further
extended.
1742-43, chap.
17.

No person to
he iiiiiculated
until thirty
f.iinilies hiu'c
tlio Bmall-pos.

CllAPTEK 18.

I'renmblo.

AN ACT TO ENABLE THE COLLECTORS OF TAXES IN THE TO^^USr OF
BOSTON 'lO SITE FOR AND RECOVER THE RATES AND TAXES GIVEN
IIIEM TO COLLKCT, IN Cl'.RTAlN CASES.

WiiiKEAs. notwithstanding tiie provision already made by the laws of
this province icspccting constaljles and collectors of taxes, it is repre-

• Ft'lirnary 1, iicccrdini^ to the record.

[2d Sess.]

Province Laws.— 17G-^-G4.

()6fl

scutod that in many cases there may be a failure, and the town of Bos-
tou have humbly desired that remedy may be provided for their collectors
in those cases, —

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

[Sect. 1.] That where an}- person duly rated in the said town, hath in what c.isob
absconded, or shall abscond, not liaving paid such rates, and hath con- uxes h','i;o!,i„„
cealed, or shall conceal, his goods and estate, in such cases tiie collect- nii'y«'"i" f«'r Uiu
ors and constables of said town shall have like remedy against the
agents, factors, or trustees of such absconding person, for the recovery
of the rates and taxes given them to collect of such absconding person,
as by the laws of this province other creditors have for recovery of
their debts.

And be it further enacted,

[Sect. 2.] That where any person duly rated in the said town hath
died, or shall die, before payment of the said rates, and where any eon-
stable or collector of the said town hath died, or shall die, before he
hath collected the rates and taxes given him to collect, and where any
person duly rated in the said town hath removed, or shall leraove, out
of it, into some other town in this province, and where any feme sole,
being duly rated in the said town, hath intermarried, or shall inter-
marry, before payment of such rates, and where, the time for payment
to the respective treasurers being elapsed, the collectors or constables
in the said town shall have paid the whole sums given them to collect in
each year ; in all such cases it shall and may be lawful for tiie collectors
or constables of the said town, their executors and administrators, and
they are hereby [e] [/Jmpowercd, to sue for such rates and taxes; and
the}- shall have all the like remedies for recovery thereof, as other cred-
itors ha\e for recovering their proper debts.

[Sect. 3.] This act to continue and be in Ibrce for two years from Limitation,
the first day of Februar\', [A.D. 1704] \_0)ie thousand seven hundred
and sixty-four^, and no longer. [^Passed January 28 ; * published Feb-
ruary 4, 1764.

CHAPTER 19.

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

We, his majesty's most dutiful and loyal subjects, the representatives Preamble,
of the province of the Massachusetts Bay, in New England, being de-
sirous of lessening the publick debts, have chearfuU}- and unanimously
given and granted, and do give and grant, to his most excellent majesty,
for the service of this province, as they shall hereafter apply it, the
several duties of impost ujjon all liquors, wares, goods and merchan-
dize that shall be imported into this province, and tunnage of shipping
hereafter mentioned ; and pray that it may be enacted, —

And be it accordingly enacted by the Governor, Council and House
of Representatives,

[Sect. 1.] That from and after the twenty-tifth day of March, one ititts of impost
thousand seven hundred and sixt^-four, to the twenty-fifth day of
March, one thousand seven hundred and sixty-five, there shall be paid
b}' the importers of all wines, rum and other lifjuors. goods, wares and
merchandize that shall be imported into this province by an}* of the in-
habitants thereof (except what is by this act hereafter exempted), the
several duties of impost following ; viz., —

* February 4, according to the record.

670

Province Laws.— 1763-04. [Chap. 10.]

Double impost
to bo paid for
goods imported
by the inhabit,
ants of other
colonies, &c.

Drawback of
the whole
impost, to the
exiJorter, in
case.

Masters of
vcHscIa to make
report.

T.. forfeit. In
cMHc of breaking
bulk.

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

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

For ever}- hogshead of sugar, fourpence.

For every hogshead of molasses, fourpence.

For everv hogshead of tobacco, ten shillings.

For every pound of tea that shall be imported from an}' of his
majesty's plantations in America, fourpence.
— And so, proportionably, for a greater or less quantity.

And for all other commodities, goods or merchandize not mentioned
or not excepted, fourpence for eveiy twenty shillings' value, excepting
sucli goods as are im[)orted from Great Britain.

[Sect. 2.] And for any of the al)ove-mentioned liquors, goodf?,
wares and mercluuidize (excepting tea, which shall only pay four-
pence) that shall be imported into this province b}' an}- of the inlial)itants
of the other provinces or colonies on this continent, or of the English
West-India Islands, in any shij) or A-essel to them belonging, on the
proper account of any of the said inhabitants of the said provinces,
colonies or islands, there shall be paid by the importers double the
impost laid In' this act : provided (dioays, that every thing which is the
growth or produce of the provinces or colonies aforesaid (tobacco
and bar-iron excepted), and all provisions, salt, cotton-wool, pig-iron,
mahogany, brazilleto, black-walnut, lignum-vitse, red-cedar, logwood,
liemp, raw skins and hides, and also all prize goods brought into and
condemned in this i)rovince, are and shall be exempted from every the
rates and duties aforesaid.

And he it further enacted^

[Sect. 3.] That all goods, wares and merchandize, the property of
any of the inhabitants of any of the neighbouring provinces or colonies
on this continent, that shall be im[)oiled into this province, and shall
have paid, or on which there shall have been secured to l)o paid, the
duty of impost, l)y tliis act provided to be paid, and afterwards shall 1)0
exported and landed in any of the said provinces or colonies on this
continent, then and in such case the exporter, i)roducing a certificate
from some olllcer of his majesty's customs, that the same has been
landed in some of the i)rovinces or colonies aforesaid, shall be allowed
a drawback of the whole duty of impost by him paid, or secured to bo
paid, as by this act [)rovideil.

And be it farther enacted,

[Sect. 4.] That the master of evi-ry ship or vessel coming into this
province from any other place, shall, within twenty-four hours after
his arrival in any port or harbour, and before bulk is broken, make re-
port and deliver a manifest, in wriling, under his hand, to the commis-
sioner aforesaid, of the contents or loading of sut-h ship or vessel,
therein inxrticularly exjiressing the species, kind and quantities of all
wines, liquors, goods, wares and mercliandize imported in any such ship
or vessel, with the marks and numbcis thereof, and to whom the same
are consigned ; and make oath before the commissioner that the same
manifest contains a just and true account of all the lading taken on
board and imported in such siiip or vessel, so far as he knows or
believes; and that, if he knows of auy more wines, liquors, goods,
wares or merchandize laden on board such ship or vessel, and imported
therein, lu> will forthwith make report thereof to the commissioner
aforesaid, and cause the same to be added to his manifest.

And hi> il further enacted,

[Sect. ;">.] Tliat if the; master of any shii) or \essel sliall break
bulk, or suffer any of the wines. li(|Uors, goods, wares and mercliandizo
inqjorled in siicii ^liip or vess(>l to lie unladen lu'tbre report and entry

[2d Sess.]

Province I^aws.— 17Go-G-1.

071

thereof be made as aforesaid, he shall forfeit the sum of one hundred
pounds.

jbicl be it further enacted,

TSect. 6.1 That all merchants and other persons, beinsi: owners of invoic to he
any wines, liquors, goods, wares or merchandize imported into this
province, for which any of the rates or duties aforesaid are payulile, or
having the same consigned to them, siinll make an entry thereof witii
the commissioner aforesaid, and produce an invoice of all such goods as
pa}- ad valorem, and make oath before him in the form following ;
viz., —

You, A. B., do swear that the entry of goods an<l merchandize, by you now Oath.
made, exhibits the present value of said goods, and that, bond fide, according
to your best skill and judgment, it is not less than the real value thereof.
So help you God.

Dutios to be
paiil before
landing.

— which oath the commissioner or receiver, appointed in consequence
of this act, is hereby impowered and directed to administer ; and the
owners aforesaid shall pa}- the said commissioner, or give security to
pay, the duty of impost by this act required, before such wines, liquors,
goods, wares or merchandize be landed or taken out of the vessel in
which the same shall be imported.

[Sect. 7.] And no w-iucs, liquors, goods, wares or merchandize
that by this act are liable to pay impost or dut}', shall be landed on
any wharf, or in an}' warehouse or other place, but in the day-time
only, and that after sunrise and before sunset, unless in the presence
or with the consent of the commissioner or receiver, on pain of forfeit-
ing all such wines, liquors, goods, wares and merchandize, and the
lighter, boat or vessel out of which the same shall be landed or put into
any warehouse or other place.

[Sect. 8.] And if any person or persons shall not have and pro-
duce an invoice of the quantities of rum or other liquors to him or
them consign'd, then the cask wherein the same are. shall l)e gauged at
the charge of the importer, that the contents thereof may be known.

Prov ided , neve rth el ess , —

[Sect. 'J.] That the said commissioner shall be and hereby is al-
lowed to give credit to such person or persons whose duty of impost in
one vessel shall not exceed six pounds : which credit shall be so limited
as that he shall settle and ballancc his accompts with every person, on
or before the twenty-sixth day of Mai'ch, one thousand seven hundred
and sixty-five, that the sairl accompts may be produced to this court as
soon as may be after ; and for all entries where the impost to be paid
doth not exceed three shillings, the said commissioner shall not demand
an\ thing, and not more than sixpence for any other single entry, to what
value soever.

And be it further enacted,

[Sect. 10.1 That the importer of all wines, liquors, goods, wares importerby

1 1 !■ ^ 1 /-^ ii ^ J. fi:\ \ i- T»r 1 land caniatje.or

and merchandize, from and after the twenty-fitth day of March, one i„ H,naii vermis,
thousand seven hundred and sixty-four, and until the twenty-sixth day to make rcpoii.
of March, one thousand seven hundred and sixty-five, by land-carriage,
nr in small vessels and boats, shall make report and deliver a manifest
thereof to the commissioner aforesaid or his deputy, therein particu-
larly expressing the species, kind 'and quantity of all such wines,
liquors, goods, wares and merchandize so imported, with the marks
and numbers thereof, when, how, and by wliom brought ; and shall
make oath, before the said commissioner or his deputy, to the truth of
such report and manifest, and shall also pay, or secure to be paid, the
several duties aforesaid by this act charged and chargealde upon such

Commlsflloner
allowed to give
credit.

Cu2

Province La"^fi. — 1703-64.

[Chap. 10.]

Allowance for
leakage.

Master allowed
to detain floods
not entered, or
the duty not
paid.

Master liable to
bo bued.

Blilpn, &e.,
ll;ible to bo
taken in execu-
tion.

wines, liquors, goods, wai*es and merchandize, before the same are
landed, housed, or put into any stoi-e or place whatsoever.

A7id be it further enacted,

[Sect. 11.] That every merchant or other person importing any
wines into this province, shall be allowed twelve per cent lor leakage:
provided such wines shall not have been filled up on Ijoard ; and that
every hogshead, butt or pipe of wine that hath two-thirds thereof
leaked out, shall be accounted for outs, and the merchant or importer
shall pay no duty for the same. And no master of any ship or vessel
shall suffer any wines to he tilled up on boaid without giving a certifi-
cate of the quantity so filled uj), under his hand, belbi-e the landing
thereof, to the commissioner or receiver of impost for tliat i)ort, "on
pain of forfeiting the sum of one hundred pounds.

[Sect. 12.] And if it may be made to ap[)ear that any wines im-
ported in any ship or vessel be decayed at the time of unloading
thereof, or in twenty days afterwards, oath being made befoi-e the com-
missioner or receiver that the same hath not been landed above that
time, the duties and impost paid for such wines shall lie repayed unto
the importer thereof.

And he it farther enacted,

[Sect. 13.] That the master of every ship or vessel importing any
liquors, wines, goods, wares or merchandize, shall be liable to pay the
impost for such and so much thoivof. contained in his manil'est. as shall
not be duly entered, and the duty paid for the same by the person or
persons to whom such wines, liquors, goods, wares or merchandize are
or shall be consigned. And it shall and may be lawful, for the master
of every ship or other vessel, to secure and detain in his hands, at the
owner's risque, all such wines, liquoi's, goods, wares and meix-handize
imported in any ship or vessel, until he receives a certificate, fi-om the
commissioner or receiver of impost, that tlie duty for tlie same is paid,
and until he be re[)aid his necessaiy charges in securing the same ; or
such master ma^' deliver such wines, liquors, goods, wares and mer-
chandize as ai'e not entered, unto the commissioner or receiver of im-
post in such port, or his order, who is hereby impowei-ed and dii'ected
to receive and keep the same, at the owner's risque, until tlie impost
thereof, with the charges, be paid, or secured to be paid ; and then to
deliver such wines, liquors, goods, wares or merchandize as such mas-
ter shall dii'cct.

And. be it further enacted,

[Sect. 11.] Tliat the commissioner or receiver of impost in each
port, shall be and hereby is impowered to sue the master of any ship
or vessel, for (lie impost or duty of so nincli of tlie lading of any wines,
liquors, goods, wares or merchandize imported tlierein, according to
the manifest to l)e by him given upon oatli, as albresaid. as shall re-
main not entered and the duty of inqtost therefor not paid or secured
to be i^aid. And wlieie any goods, wares or iiierchandize are such that
the value thereof is not known, whereby tiie impost to be recovered of
the master, for the same, cannot l)e ascertained, the owner or person to
whom such goods, wai'es or merdiandize are or sliall be consigned,
shall be summoned to apjiear as an evidence at the court wliere such
suit for the impost ami tiie duty thereof sliall be ])rought, and be
there required to make oatli to the value of such goods, wares or mer-
cliandize.

^\iid be it farther enacted,

[Si.cT. 1 ').] That the siii[) or vessel, with her tackle, apjiarel and
furniture, the master of wliich shall make default in anything by this
act required to be performed l)y him. sliall be lial)le to answer and
make good the sum or sums forfeited bv such master, according to this

[2d Sess.]

Pkovince I.aavs. — 1703-64.

673

act, for any such default, as also to make good the impost or dut}' for
all wines, liquors, goods, wares and merchandize not entered as afore-
said, or for which the dut}' of im[)ost have not been paid; and, upon
judgment recovered against such master, the said ship or vessel, with
so much of the tackle or appurtenances thereof as shall be sufficient to
satisfy said judgment, may be taken l)y execution for the same ; and
the commissioner or receiver of the impost is hereby impowered to
make seizure of the said shii) or vessel, and detain the same under
seizure until judgment be given in any suit to be commenced and
pi'osecutcd for any of the said forfeitiu'cs. or for the duty aforesaid ; to
the intent, that if judgment lie rendered for the prosecutor or informer,
sucli sliip or vessel and appurtenauccs may be exposed to sale, for sat-
isfaction thereof, as is before pi'ovidcd : nnless the owners, or some on
their behalf, for the releasing of such ship or vessel from under seizure
or restraint, shall give suflicient security to the commissioner or re-
ceiver of impost that seized the same, to respond or satisfy the sum or
A-alue of the forfeitures and duties, with the charges, that shall be recov-
ered against the master thereof, upon such suit to be brouglit for the
same as aforesaid ; and the master occasioning such loss or damage
unto the owners, through his default or neglect, shall be lial)le unto their
action for the same.

And be it further enacted,

[Sect. 16.] That the naval officer within any of the ports of this
province shall not clear or give passes to any master of any ship or
vessel outward bound, until lie shall be certified, by the commissioner
or receiver of impost, that the duty and impost for the goods last im-
ported in such ship or vessel are paid or secured to be paid.

[Sect. 17.] And the commissioner or receiver of impost is hereby
imi)Owered to allow bills of store to the master of any ship or vessel
importing any wines or liquors, for such private adventures as shall be-
long to the master or seamen of such ship or a'csscI, at the discretion
of the commissioner or receiver, not exceeding three per cent of the
lading ; and the duties payable by this act, for such wines or liquors, in
such bills of stores mentioned and exi)ressed, shall be abated.

And for the more effectual jtreventing an}' wines, rum or other dis-
tilled spirits being brought into the province from the neighbouring
governments, by land, .or in small l)oats or vessels, or an}' other way,
and also to prevent wines, rum or other distilled spirits being first
sent out of this province, and afterwards brought into the government
again, to defraud the government of the duties of impost, —

Be it enacted,

[Sect. 18.] That the commissioner and receiver of the aforesaid
duties of impost shall, and he is herein' impowered and enjoined to,
api)oint one or more suitable person or persons as his de|)uty or de[)u-
ties, in all such places of this province where it is likely that wine,
rum or other distilled spiiits will l)e brought out of other governments
into this ; which officers shall have i)Ower to seize the same, unless the
owner shall make it appear that the duly of imi)ost has been paid
therefor since their being l)rought into or relanded in this government :
and such officer or ofllcers are also impowered to search, in all susi)eeted
places, for such wines, rum or other distilled spirits or for tea brought
or relanded in this government, where the duty is not paid as aforesaid,
and to seize or secure the same for the ends and uses as in this act is
hereafter provided.

And be it further enacted,

[Sect. lU.] That the commissioner or his deputies shall have
power to .administer the several oaths aforesaid, and search in all sus-
pecteil places for all such wines, rum, liquors, tea, goods, wares and

Naval officer
not to ek'ar
vessels till im-
post be paid.

Bills of (9tore,to
be allowed.

Commissioner
to appoint offi-
cers in places
where wines,
rinn, &c., may
be brouglit out
of other govern-
ments.

Coramissioncr
or deputy
empowered to
adminifiter tlie
oaths, &c.

674

Peovince Laws.— 1763-64.

[Chap. 19.]

The commis-
sioner or depu-
ty, upon infor-
mation of any
liquorH being
brouglit into
this province
and the duty
not paid, to
apply to a jus-
tice, for a war-
rant to search,
&c.

Tonnage of
shipping.

Vessels to bo
meastircd.lf
iiUHpPCted.

merchandize as are brought into this p^o^^nee, and landed contrar}- to
the true intent and meaning of this act, and to seize the same for the
uses hereinafter mentioned.

And be it further enacted,

[Sect. 20.] That if the said commissioner, or his deput}*, shall
have information of any wines, rum or other distilled spirits, or tea,
being brought into and landed in an}- place in this province, for which
tlie duties aforesaid shall not have been paid after their being brought
into or relanded in this government, he ma}- apph' to any justice of the
peace within the county, for a waiTant to search such place ; and said
justice shall grant such warrant, directed to some proper officer, upon
said commissioner or his deputy's making oath that he hath had in-
formation as aforesaid ; and having sucli warrant, and being attended
b}- such officer, the said commissioner or his deputy may, in the day-
time, between sunrise and sun-setting, demand admittance of the person
owning or occupying such place, and, upon refusal, shall have right to
Ijreak open such place ; and, finding such liquors or tea, may seize and
take the same into his own custod}' ; and the commissioner aforesaid, or
his deputy, shall be and hereby is impowered to command assistance,
and impress carnages necessary to secure the liquors or tea seized as
aforesaid ; and any person refusing assistance, or preventing any of the
officers aforesaid from executing their office, shall forfeit five pounds to
the said commissioner ; and he or his deputy shall make reasonable sat-
isfaction for the assistance afforded, and carriages made use of, to secure
the liquoi'S or tea seized as aforesaid ; and the commissioner or his
deputy shall then file an information of such seizure in the inferiour
court of common pleas for the count}' wherein such seizure shall be
made, which court shall summon the owner of such liquors or tea, or
the occupier of such shop, house 'or warehouse, or distill-house where
the same were seized, to appear and shew cause, if any he has, why
such liquors or tea so seized shall not be adjudged forfeited; and -if
such owner or occupier shall not shew cause as aforesaid, or shall make
default, the said liquors or tea shall be adjudged forfeited, and the said
court shall order them to be sold at pubUc vendue ; and the nett pro-
duce of such sale shall be paid, one half to the province treasurer
for the use of this province, and the other half to the said conunis-
sioner.

And he it farther enacted,

[Sect. 21.] That there shall be paid, by the master of every ship or
other vessel, coming into any port or i)orts of this province, to trade
or traffick, whereof all the owners are not belonging to this province
(excepting such vessels as belong to Great Britain, the })ruvinces or
colonies of Peinisylvania, West and P^ast Jersey, Connecticut, New
Yoik, New Ilampsliire, Khode Island and Nova Scotia), every voyage
such ship or vessel doth make, one i)t)und of good pistol-powder for
every ton such ship or vessel is in burthen : saviiirj Ibr tliat |)art which
is owned in Great Britain, this i)i'ovince, or any of the governments
aforesaid, which are hereby exempted ; to be paid unto the commissioner
or receiver of the duties of im[)Ost, and to be employed for the uses
and ends aforesaid.

[Sect. 22.] And the said commissioner is hereby impowered to ap-
l)oint a meet and suitable person, to repair unto and on board any ship
or vessel, to take the exact measure and tunnage tliereof, in case he shall
suspect the register of such ship or vessel doth not express and set forth
the full burthen of the same ; the charge tliereof to l)e paid by the owner
or master of such sliip or vessel, before siie shall be cleared, in case she
sliall appear lo be of greater burthen : otlierwisi*. to be paid by tiie com-
missioner out of the money received l)y liim for impost, and sliall be

[2n Sess.]

Province T.aws. — 1703-04.

075

Drawback for
wiiic, rum unci
ti'it, iillowcd, in
caiiu.

allowed him, accordingly, b}' the treasurer in his accompts. And the
naval officer shall not clear any vessel until he be certified, also, by the
commissioner, that the duty of tunnage for the same is paid, or that it
is such a vessel for which none is payable according to this act.

And be it further enacted,

[Sect. 23.] That when and so often as any wine, rum or tea im-
ported into this province, the aforesaid duty of impost upon wliich shall
have been paid agreeable to this act, shall be re-shipped and ex[)orted
from this government to any other part of the world, that then au^ in
every such case, the exporter of such wines or rum or tea shall make
oath, at the time of shipi)ing, before the receiver of impost or his deputy,
that the whole of the wine or rum or tea so shipped has, bond fide, had
the duty of impost aforesaid paid ou the same, .and shall afterwards pro-
duce a certificate, from some officer of the customs, that the same lias
been landed out of this government, — or otherwise, in case such rum or
wines or tea shall be exported to any place where there is no officer of
the customs, or. to an}* foreign jwrt, the master of the vessel in which
the same shall be exported shall make oath that the same has been
landed out of the government, — and the exporter shall, upon producing
such certificate, or upon such oath of the master, make oath that he
verily believes no part of said wines, rum or tea has been relanded in
this province. — such exporter shall be allowed a drawback from the
receiver of impost as follows ; viz., —

For every pipe of wine, nine shillings.

For every hogshead of rum, seven shillings and sixpence.

And for every pound of tea, fourpence.

Provided, always, —

[Sect. 24.] That if, after the shipping of such wines or rum or tea ProviBo.
to be exported as aforesaid, and giving security as aforesaid, in order to
obtain the drawback aforesaid, the wines or rum or tea so shipped
to be exported, or any part thereof, shall be relanded in this province, or
brought into the same from any other province or colony, that then all
such wine, rum and tea so relanded and brought again into this prov-
ince shall be forfeited, and may be seized b}- the commissioner aforesaid
or his deput}'.

And be it further enacted,

[Sect. 25.] That there l)c one fit person, and no more, nominated Appointment
and api)ointed by this court as a commissioner and receiver of the "omm'i'ssioiKr.'^
aforesaid duties of impost and tunnage of shipping, and for the inspec-
tion, care and management of the said office, and whatever relates there-
unto, to receive commission Irom the governor or commander-in-chief
for the time being, with aulliority to sul)stilute and appoint a deputy-
receiver in eacli port, or otlier places besides that in which he resides,
and to grant warrants to such deputy-receivers for the said place, and
to collect and receive the impost and tunnage of shipi)ing as aforesaid
that shall become due within such port, and to render the account
thereof, and to pay in the same, to the said connnissioner and receiver :
which said commissioner and receiver shall keep fair books of all en-
tries and duties arising by virtue of this act ; also a particular account
of every vessel, so that the duties of impost and tunnage arising on
said vessel may a|jpear ; and the same to lie open, at all seasonable
times, to the view and perusal of the treasurer or receiver-general of this
province (or any other person or persons whom this court sliall ap-
point), with whom he shall account for all collections and payments, and
pay all such monies as shall be in his hands, as the treasurer or receiver-
general siiall demanil it. And the said commissioner or receiver, and
his deputy or dej)uties, before their entering upon the execution of their
said office, sliall be sworn to deal truly and faithfully therein, and siiall

6T6

Province Laws.— 1763-64. [Chap. 20.]

Charges of pros-
ecution, bow to
be paid, in case.

Disposition of
forfeitures.

attend in said office from ten of the clock in the forenoon, until one in
the afternoon.

[Sect. 2G.] And the said commissioner or receiver, for his labour,
care aifl expcnces in the said office, shall have and receive, out of the
province treasmy, at the rate of sixt}' pounds per annum ; and his
depnt}' or deputies shall receive for their service such sums as the com-
missioner of impost, together with the province treasurer, shall judge
necessary for whatever sums they shall receive and pa}- ; and the treas-
ure)^ is hereby ordered, in passing and receiving the said commissioner's
accounts, according!}', to allow the paj^ment of such salary or salaries
as aforesaid to himself and his deputies.

And be it further enacted,

[Sect. 27.] That all penalties, fines and forfeitures accriang or
arising in consequence of an}' breach of this act, shall be one half to his
majesty for the use of this province, and the other half to him or thorn
that shall seize, inform and sue for the same, by action, bill, plaint or
information, in any of his majesty's courts of record, wherein no essoign,
protection or wager of law shall be allowed : the whole charge of the
prosecution to be taken out of the half belonging to the informer.

And be it farther enacted,

[Sect. 28.] That from and after the commencement of this act, in
all causes wherein any claimant shall appear, and shall not make good
the claim, the charges of prosecution shall be borne and paid by the
said claimer, and not by the informer. \^Passed January 27,* 1764.

OHAPTEE 20.

AN ACT FOR ERECTING PART OF THE TOWN OF NEWBURY INTO A NEW
TOWN BY THE NAME OF NEWBURYPORT.

Preamble.
4Mue8.,390.

Bounds of Ncw-
buryport.

Whereas the town of Newbury is very large, and the inhabitants of
that part of it who dwell by the water-side there, as it is commonly
called, are mostly merchants, traders and artificers, and the inhabitants
of the other parts of the town are chiefly husbandmen ; by means whereof
many dilficnlties and disputes have arisen in managing their public[A']
a flairs, —

Be it enacted b>j the Governor, Council and House of Rejyresenta-
tives,

[Sect. 1.] That that part of the [said] town of Newbury, and the
iniiabitants thereof, inchided within the following line; namely, begin-
ning at Merrimack Kiver, against the north-east [ward] [t'rjly end of the
town way connnouly called Cottle's Lane, ami lunuing, as the said lane
doth, on th(> east [ward] [rr]ly side of it, to the highway commonly
called the High Street ; and so, west [ward] [('r]ly, as the said highway
runs, on the north[\vard][f';-]ly side thereoC, till it comes to a town
way known by tlu^ name of Fish Street ; and thence, southwest [ward]-
[f'/-]ly. as the way goes, and on the east [ward] [cr]ly side thereof, leading
!)}• IJeiijainin Moodey's, to a place ealled the \Vt>st Indies, until it inter-
sects a streight line drawn, from the south[\vard][<'?*]ly side of the high-
way against CottU-'s Lane aforesaid, to a rock in the great pasture near
the dividing line l)et\vecn the third and fifth parishes there; and so, as
the said streight line goes, until it comes to thedivitling line aforesaid ;
and from thence, as the said diviiling line runs, by the saiil fifth parLsh,
down to Merrimack Kiver, and thence, along said river, to the |)Iaee
first mentioned, — be and hereby are constituttMl and made a [sepcrate

• F<'l)niary 4, accordlag to the record.

[■2d Sess.] PiioviNCE Laws.— 17G3-G4. 677

and] distinct town b>' the name of Xcwlmryport, and vested and en- Newburjpon
dowed with all the powers, priviled.u;es and i'lnminiities that the inhab- "'"J"" town,
itants of any of the towns within this province do or ought !)}• law to
enjoy: save that they shall have the right of chasing and sending, from
time to time, but one person to represent them in the great and general
court of this province.

And ichereas the whole town of Newbury were, by law, impowered to Preamble,
bend two representatives to the general court, —

Be it farther enacted,

[iSiccT. 2.] That the inhabitants of the remaining part of the town Newbury to
of Newbury aforesaid, shall, for the future, have a right to chuse and ri-prcBentative.
send no more than one person to represent them, from time to time, in
the great and general court of this province ; an}' law, usage or custom
to the contrary notwithstanding.

And be it farther enacted,

[Sect. 3.] That the assessments heretofore made on the inhabitants AsBossmenu
of the undivided town of Newbury, by the assessors, are herebj- ratified confirmed,
and confirmed, notwithstanding any defieienc}' therein ; and the several
collectors to whom the}' were committed are horeb}- required and im-
powered to levy and collect the same, anything in this act to the
contrary- notwithstanding.

And be it farther enacted,

[Skct. 4.] That the selectmen of the undivided town of Newbury, Accounts of the
who, from time to time, have acted as treasurers, shall make a fair set- ^be'sett'ie'd.^^"'
tlement and adjustment of their accounts ; and if any ballance shall be
remaining in their hands, the inhabitants of the town of Newburyport
shall have and receive their just and due proportion thereof; and if,
upon such settlement, the undivided town of Newbmy shall be in
arrears, the inhabitants of the town of Newburyport shall pay their
just and due proportion thereof.

And be it farther enacted,

[vSect. 5.] That the inhabitants of Newburyport shall pay to the Newburyport
inhabitants of the sep[e] [a]rate town of Newbur}-, their just and equal p'^ubUcbuTid- *
proportion of the public[/c] buildings that, on this division, shall fall '"*''*•
within the limits of Newburyport aforesaid ; and t-hat the inhabitants
of the sep[e][«]rate town of Newbury shall pa}- to the inhabitants of
Newburyport, their just and equal proportion of the pul)lic[/t] buildings
that, on this division, are not within the limits aforesaid : the several
proportions aforesaid to be settled and adjusted according to the prov-
ince tax which was laid by the assessors next after the last valuation
taken.

And be it further enacted,

[Sect. 6.] That the inhabitants of Newburyport shall, from time to Newburyport to
time, amend and repair a certain bridge over the river Artichoke, which ceri^'u bnUg".*'
they will have occasion frequently to pass and repass, altho the same
bridge is not included within the limits of Newburyport aforesaid.

And be it farther enacted,

[Sect. 7.] That nothing in this act shall any way affect, change or ijnes of par.
alter any of the lines of the several parishes within what was heretofore aucrcj?""'''
the town of Newbury, but that the same shall be and remain as hereto-
fore by law established, anything in this act to the contrary notwith-
standing.

And be it further enacted,

[Sect. 8.] That the inferio[?<]r court of common pleas, and the inferior court,
court of general sessions of the peace, by law appointed to be held at ^xe^vburj-i'''
Newbury on the last Tuesday of September annually, shall for the fu- P"it-
tare be held in Newbur}port on the last Tuesday of September annu-
ally, and to all intents and purposes shall be considered as when held

678

Peovlnce Laws. — 1763-64.

[Chap. 21.]

in the town of Newbury as aforesaid, any law to the contrary notwith-
standing.

And be it further enacted^

First town- [Sect. 9.] That John Choate, Esq^'^, be and hereby is directed and

b *'"i'i'?d ^°^ ^ inipowered to issue his warrant to some principal inhabitant of Newbur}--

poit, requiring him to notify and warn the inhabitants of the said New-

buryport, qualified by law to vote in town affairs, to meet at such time

and' ])lace as shall therein be set forth, to chuse all such officers as any of

the towns within this province by law have a right to chuse, which ofli-

cers shall take tlie respective oaths by law required by them to be taken.

A)td 1)6 it further enacted,

Poor of the [Sect. 10.] That if any pcrsou or pcrsons heretofore belonging to

untiivifit-d town, ^jj^, undivided town of Newbury aforesaid, and removed from thence,

iionea. ^^^^' and shall be returned thither again, and become a pnblic[/t-] charge,

the same shall be paid by the two towns aforesaid, iu proportion to the

province tax laid on them from time to time. \^Passed January 28,*

1764.

4 Mass. 390.

CHAPTEK 21.

AN ACT FOR HOLDING THE SUPERIOR COURT OF JUDICATURE, COURT
OF ASSIZE AND GENERAL GOAL DELIVERY, AT CAMBRIDGE, IN THE
COUNTY OF MIDDLESEX, ON THE THIRD TUESDAY OF APRIL, THIS
PRESENT YEAR, INSTEAD OF CHARLESTOWN, IN THE SAID COUNTY,
ON THE LAST TUESDAY OF JANUARY IN THE SAME YEAR.

Preamble.

1742-43, chap.
32, § 2.

Middlesex supe-
rior court, itc,
to be held at
C-'iimbridKe in
August, 1704.

All miitlcrH
wlilcli were to
liiivc hern liciird
III March, coii-
llmicil over to
April.

WriEUKAS, by reason of tlie prevalence of the small-pox in the town
of Boston, it is apprehended that it will be inconvenient that the
superior court of judicature, court of assize and general goal delivery, for
the county of Middlesex, wiiich ought, l)y law, to be held at Charles-
town, in the said county, on the last Tuesday of January in this pres-
ent year, should be held at the said time and place, —

Be it therefore enacted by the Governor, Council and House of Rej)-
rese)itatives,

[Sect. 1.] That the superior court of judicature, court of assize
and general goal delivery, for the county of Middlesex, shall not be held
at Ciiarlestown, in the said county, on llie last Tuesday of January in
the present year, but sliall be held at Cambridge, in and for the saitl
county, on the third Tuesday of April in the same year ; and all appeals,
writs of review, executions and all recognizances, warrants, processes,
matters or things whatsoever returnable to, or which n.iight iiave l)ccn
proceeded on, adjudged and determined at, the said court, in Ciiarles-
town, shall l»e ill like manner returnable to, and may in like manner be
proceeded on, adjudged and determined at, the said court, to be held in
Cambridge by virtue of this act ; and shall be as valid, to all intents and
pur))Oses in tlie law, as if such returns had bi-en made to, and sui-h pro-
ceedings had at, a court in Ciiarlestown, (m the last Tuesday of January
as aforesaid, any law, usage or custom to the contrary noLwithstMiHliiig.

And tie it further enacted,

[Sect. 2.] That all actions, causes and matters what.soever, by :qt-
pe:il from the court of general sessions of the peace, and inferior court
of cominoii pleas, to be holden at Ciiarlestown, on the second Tuesday
of Marcli in this present year, shall and may be heard, proceeded on.
adjudged and deterinined at the superior court of judicature, court of
assize and general goal delivery, to be holden at Caniliridge, on the
third Tuesday of April by virtue of this act, in like manner as they
• Signed Fil)ruary 4, lu-roriliiig to tlic record.

[2i> Si:s8.]

Puoviis'CE Laws. — 1703-G4.

679

might I)}- law have been heard, proceeded on, adjudged and determined
at the superior court of judicature, court of assize and general goal
delivery, which is to be hold at Cambridge, on the Drst Tuesday in
August, if this act had not been made and passed. [^Passed January
28 ; * published February 4, 1764.

CHAPTER 2 2.

AN ACT IN FURTHER ADDITION TO THE ACTS OR LAWS OF THIS
PROVINCE, RELATING TO COMMON FIELDS, TO EXTEND ONLY TO
THE COUNTY OF HAMPSHIRE.

Whereas the provision made b}' law for the partition of common
fields has been found inctfoctual for such partition of many common
fields, in the county of llami)shirc, as would be beneficial to many pro-
prietors of such fields, and not injurious to the proprietors in general. —

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

[Sect. 1.] That when any three or more of the owners or propri-
etors of lots in common fields, lying within one general fence or inclos-
ure, within said county of Hampshire, shall make application in writing,
under their hands, to the proprietors of such common field, at any
meeting legallv warned for that purpose, to have the lots or parts of
the owners or jjroprietors so applying, or theirs, with other lots or parts,
when taken together, make one entire field, to be divided and sep-
arated from the rest hy one common fence, and to be improved as
a distinct and separate, but common, field ; and the proprietors, to
whom such application shall be made, shall refuse their assent to such
division or partition, it shall and may be lawful for the justices of the
court of general sessions of the peace, for the said county, upon appli-
cation made to them, to appoint a committee of five freeholders, within
said county (under oath), to make the 'partition prayed for, if it shall
appear to such committee to be expedient ; and to assign to each field
its part or proportion of the divisional fence, b}' means of the partition
aforesaid to be kept up and maintained b}* the proprietors of the
respective common fields ; and the return being made under the hands
of the major part of such committee, and accepted by the said court of
sessions, the fields so separated shall be considered as distinct and
separate common fields, and the owners or proprietors of each field a
distinct and separate propriety, as full}', to all intents and purposes
whatsoever, as the owners or proprietors of such general field were
considered before such partition were made.

Provided, —

[Sect. 2.] That no order for appointing a committee be made until
the rest of the proprietors have ])een duly notified of such application,
and o[)portunit3' given them to make their objections thereunto ; which
notice shall be given by serving the clerk of such proprietors with a
copy of such written application tliirty days at least before such order
or api)ointmout be made ; and ever}' committee that shall be appointed
and employed, as aforesaid, shall make return of their doings, in writ-
ing, under their hands, unto said court, as soon after as ma}' be, for
acceptance and confirmation ; and the proprietors whose interest shall
be So set off, as well as the remaining proprietors, shall have and enjoy
all the powers and priviledges which the proprietors of general fields
are by law vested withal.

• Sigred February 4, according to the record.

Preamble.

lB9'J-93, cli. 28,

§•■5.

lO'.tS, ell. 12, §5,

17r2-l.J, ch. <J.

1753-54, ch. 1.

Proprietors in
common fields
m.iy Jipply for
a division.

Court of 868-

Bions to ap-
point live free-
holders to make
partition :

proviiifd other
proprii-torssluill
be notified.

680

PiiovixcE Laws.— 17Go-G4. [Chaps. 23, 24.]

Dmiution. [Sect. 3.] This act to continue and be in force five j-ears from tbe

first day of Februar}-, one thousand seven hundred and sixt3-four, and
no longer. {_Passed January 31 ;* published February 4, 1764.

CHAPTEE 23.

AN ACT FOR SUPPLY OF THE TREASURY WITH FOURTEEN THOUSAND
POUNDS, AND APPLYING THE SAME FOR THE DISCHARGE OF THE
PUBLIC DEBTS.

Preamble.

£14,000, arising
by the excise,
appropriated.

Treasurer to
pay tuit of llie
uppropriatioii
directed to, by
warrant.

Whereas the pro\'ision made by this court to defre}' the charges of
government, and compleat the pa3-ment of the troops emploved by this
province in the expedition for the 3'ear 1762, is insufficient; and
whereas the money receiv'[e]d and to be received in the treasur}', for
excise upon spirituous liquors in the year 1763, is not appropriated for
any purpose whatsoever, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1 .] That the sum of fourteen thousand pounds, when received
into the treasury, for excise on spirituous liquoi's for the year 1763, shall
be issued in tlie manner and for the purposes following ; that is to say,
the sum of ten thousand pounds, part of tlie aforesaid sum of fourteen
thousand i)Ounds, shall be appl[y]['']^'^ ^'^^' ^^^ payment of such pre-
miums and graiits that now are or that hereafter may be made by
this court ; and the farther sum of one thousand pounds, part of the
aforesaid sum of fourteen thousand pounds, shall be {ippl[y]['"]<^*^^ ^^r
the payment of tlie bounty upon wheat and flour ; and the remaining
sum of tlu'ce thousand pounds, part of the aforesaid sum of fourteen
thousand pounds, sliall be appl[y][/]ed for the compleating of the pay-
ment of the provincial troops cmploj-ed in the j-ear 1762, under the
command of General Amherst.

And be it further enacted,

[Sect. 2.] That the treasui-er be and liei-eby is directed and oi'dered
to pay the said sum of foui'teen thousand i)Ounds out of such appropri-
ations as sliall be directed to b}- warrant, and no other ; and the secre-
tary to whom it belongs to keep the muster-rolls and accompts of
charge, sliall lay before the house of representatives, when they
direct, such muster-rolls and accompts, after payment thereof. [_Passed
January 31 ;* published February 4. 1764.

CHAPTER 24.

AN ACT TO ENABLE THE PROPRIETORS OF THE PLANTATION CALLED
YOKUM TOWN AND MOUNT EPIIRAIM, IN THE COUNTY OF BERK-
SHIRE, TO GRANT TAXES ON THEIR LAND, AND BRING FORWARD
THE SETTLEMENT OF SAID PLANTATION.

Wiieiieas the general court at. their session in January, one thousand
seven hundred and sixty-three, granted to a number of purchasers that
tract of land called Yokum Town and IMount Kphraim, in the county
of Bcikshire, by meets and bounds to each particular purchaser, to hold
the same in sivcralty, l)y means whei-eof the said purchasers are not
enabled, by any of the laws of this province, to raise any money to carry

• Signeil February 4, according to the record.

[2d Sess.]

riiovixcE Laws.— 17G3-64.

681

on and bring forward the scttleniont of the said plantation, according to
the conditions of tlio grant afort'said and the injunction of the general
court on said purcliasers at tluit time made ; and whereas a consider-
able number of said purchasers have humbly petitioned this court for
relief in the premis[.s]es ; for remedy whereof, —

Be it enacted bij the Governor, Council and House of Representa-
tives, and it is accordingly enacted,

[Sect. 1.] That the said purchasers of said plantation of Yokum
Town and Mount Ephraim shall be and accordingly are incorporated
into one distinct propriety, and are vested with the same powers and
priviledges as, by the laws of this province, proprietors in common are
vested with, so far as is necessar}- for calling meetings, granting taxes
upon the land of the said purchasers in said plantation, assessing and
collecting and disposing of the money so raised, laying out, making and
repairing necessar}' ways, and for carrying forward the settlement of
the said plantation, agreeable to the order of the general court.

And for the [i][eJncouragement of the settlers on the land afore-
said,—

Be it further enacted,

[Sect. 2.] That those persons who arc or shall be actuallj' settled
upon the land aforesaid shall be exempted from paying an}' tax or
taxes, with anj- of the adjacent towns, until the further order of the
general court. \^Passed Jamiary 31 ; * published February 4, 1764.

Purclinsors of
Yokum Town
and Mount
Epliraira, incor-
porated into a
propriety.

Settlers exempt
ed from tascs
until furtliur
order.

CHAPTER 2 5.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS THAT ARE
EXPIRED AND NEAR EXPIRING.

Whereas the several acts hereinafter mentioned, which are now ex- Preamble.

1758-59, cb. 18.

pired or near expiring, have been found useful and beneficial; viz^.,
two acts made in the thirty-second year of the reign of King George
the Second ; one, intit[u]led ''•An Act providing that the solemn affir-
mation of the people called Quakers shall, in certain cases, be accepted
instead of an oath in the usual form ; " the other, intit[u]led " An Act 1758-59, cb. 37.
in addition to an act relating to executors and administrators;"
two acts made in the first year of his present majest3''s reign ; one, in-
tit[u]led "An Act in addition to an act made and passed this present nco-ei, ch. 28.
year, intit[u]led 'An Act to prevent damage being done on the mead-
ows and beaches lying in and adjoining to the north side of the town
of Harwich, between .Skeket Harbour, on the east, and Quevet Harbour,
on the west ; ' " the other, intit[u]led "An Act establishing a watch for 1761-62, oh. 6.
the safety and better securing the good order of the town of Boston," —

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

That such of the beforcmentioned acts as are expired, be revived, and Sundry bcu
such of said acts as arc not yet expired, l)e continued, with all and ever\'
article, clause, matter and tiling therein respectively contained, and
shall l)e in force until the first da}* of July, which will be in the year of
our Lord one thoasand seven hundred and sevent}', and no longer.
\_Passed January 31 ; * ivibliahed February 4, 1764.

continued.

* Signed February 4, according to the record.

082

PitoviNCE Laws.— 1763-04. [Chaps. 26, 27.]

CHAPTER 2 6.

AN ACT FOR ERECTING A TOWN IN THE COUNTY OF LINCOLN, BY THE
NAME OF TOPSHAM.

Bounds of
Topsbam.

Preamble. Whereas the inhabitants settled on a tract of land situate on the

easterh' side of Androscoggin River, lying convenient for a town, hith-
erto called and known b}- the name of Topsham, within the count}' of
Lincoln, have humbly- petitioned this court that, for the reasons therein
mentioned, the\' ma}- be incorporated into a town, and vested with the
powers and authorities belonging to other towns ; therefore, for the en-
couragement of said settlement, —

Be it enacted by his excellency the Governor^ Council and House of
Representatives^ in general court assembled^

[Sect. L] That the said tract of land, described as follows ; vizi^'^.,
to begin upon the southerly line of the town of Bowdoinham, where
said line strikes the water, and from thence, to run a west-north-west
course, upon said Bowdoinham line, as far as it goes ; and from thence, on
the same streight course, to Little River, so called, which is about eight
miles from the water aforesaid ; and from thence, southwardly, down
said Little River, to Androscoggin River, and down said Androscoggin
River, to Merrymeeting Bay ; and from thence, to the line of Bowdoinham
aforesaid, including several small islands or islets, lying in said Andro-
scoggin River, between the said Little River and the falls at Brunswick
Fort, l)e and hereby is erected into a town to be called Topsham ; and
the inhab'.tants thereof shall have and enjoy all such immunities and
priviledges as otlicr towns in this province have and do, In* law, enjo}'.
And be it further enacted,
Firsttown- [Sect. 2.] That Aarou riin[c]klcv, Esq'^"'^., be and hereb}- is im-

bo'ca^^e^ti '^"^ '** powercd to issue his warrant to some principal inhabitant of the said
town of Topsham, requiring him, in his majesty's name, to warn and
notify the said inhabitants, qualified to vote in town affairs, to meet
together, at such time and place in said town as shall be appointed in
said warrant, to chuse such officers as the law directs and may be
necessary to manage the affairs of said town ; and the inhabitants, being
so met, shall be and hereb}' are impowered to chuse such officers
accordingly. [^Passed January 'd\,* 1764.

CHAPTER 27.

AN ACT FOR REVIVING TWO LAWS THAT ARE EXPIRED.

17r.4-55, cb. 31.

1757-&8, cli. 37.

Two DC vera I
iiutH cuiitinucd.

WiiKUEAS the two acts hereafler mentioned, which arc now expired,
liave l)ecn found useful and beneficial; namely, one act, made in tlie
twenty-eiglith year of liis late majesty King (leorge the Second, inti-
tk'd '•• An Act for preventing the unnecessary destruction of alewives
and other fisli within this province ; " tlie other, made in the thirty-iirst
year of the same reign, intitled ''•An Act in addition to an act, inti-
tied 'An Act for preventing tiie unnecessaiy tlestruction of alewives
and other fish witiiin this province; ' " — .

Be. it Ihcrcforc enacted by the Governor^ Council and House of
Jicpresfntatives,

Tiial the aforeuKMitione*! acts, wiiich are expired, with all and every
article, ihuise, matter and tiling therein contained, be and hereby are

• Sigiioil February 4 aecordlnj? to th-^ record.

[2d Sess.J

Province Laws. — 1TG3-G4.

G83

revived ; and that the said acts shall be in force until the fust day of
Februar}', in the year of our Lord one thousand seven hundred and
sixty-five, and no longer. [_Passed February 2 ; * published February
4, 1764.

CHAPTER 28.

AN ACT FOR THE PRESERVATION AND INCREASE OF MOOSE AND
DEER WITHIN THIS PROVINCE.

Whereas the laws heretofore made for the preservation and increase
of doer in this province have not answered that valuable end, and it is
found necessar}' to make other provision for that purpose, as also for
the preservation and increase of moose within this province, —

Be it enacted by the Governor., Council and House of Representa-
tives,

[Sect. 1.] That the act of this province, made in the tenth jcvly of
the reign of King William the Third, intitlcd "An Act for the better
preservation and increase of deer within this province," be and hereby
is repealed, and declared null and void.

And be it further enacted^

[Sect. 2.] That each and every person who shall hereafter kill any
moose or deer, between the twenty -first day of December and the
eleventh day of August, in any v'car, or have the flesh or raw skin of
any moose or deer, killed within the time aforesaid, in his possession,
and be thereof convicted, shall, for each and ever}' moose or deer .so
killed, and for each raw skin or the flesh of any moose or deer, killed
within the time aforesaid, found in his possession, pa}' a fine of six
pounds, and costs of prosecution ; one moiet}- of the said fine to be to
his majest}' for the use of this province, and the other moiety thereof
to him or them that shall inform against and prosecute the oS'endcr to
eflfect.

And be it further enacted.

[Sect. 3.] That each town and district in this province shall, at
their publick meeting in March, annually, chuse two or more meet per-
sons to be deer-reeves, whose more especial business it shall be to in-
quire into and inform of all offences against this act, and to prosecute
the offenders ; and the persons so chosen shall be sworn to the faithful
discharge of their trust, as town and district officers are sworn ; and
every person so chosen into the said offlce shall forthwith declare his-
acceptance or refusal thereof; and if he shall refuse to accept the said
trust, or to take the oath aforesaid, he shall pa}- a fine of five pounds,
to the use of the town or district that chose him ; and upon such re-
fusal, they shall forthwith proceed to a new choice ; and if the person
so refusing shall not pay down the fine, he shall be convened before the
court of general sessions of the peace in the same county, who, upon
certificate, under the hand of the town or district clerk, that such per-
son was legally chosen into the office of deer-reeve, and his shewing no
just cause to the court for his refusal, may commit him to goal, there
to remain until he has paid the said fine and the costs of prosecution :
and every town and district neglecting their dut}' aforesaid, and being
thereof convicted, shall forfeit and pay the sum 6f thirt}' pounds to the
use of the count}- in which such town or district lies.

And be it further enacted,

[Sect. 4.] That the courts of general sessions of the peace in the

• Signed February 4, according to the record.

Preamble.

1603-94, ch. 19.
1G98, ch. 21.
1717-18. ch. 12.
1739-40, ch. 3.
1744-4.J, ch. 14.
17.51-52, ch. 7.
1754-55, ch. 7.

Act of 10th
of William,
repealed.
1698, chap. 21.

Time limited for
killing moose or
deer.

Method of
conviction.

Fine appro-
priated.

Deer-reeves to
be chosen in
each town.

Penalty for re-
fusing to serve.

Penalty on
towns not
choosing.

Court of 8C«-
eious to ap-

681

Peovince Laws. — 17G3-G-1. [Chat. 28.]

point deer-
reeves for new
pIuutuliouB.

Suspected per-
Bons to be ex-
amined.

Sheriffs, &c., to
search for flesh
or skins.

Justice may
require security
of huspecled
pernouH, in cer-
tain cases.

And bind over
perHoiis to give
evidence.

Oriuid Juries to
in;ik(' ln(|iiiry,
mill pioHecute.

respective counties be and hereby are empowered and required, yearly
and seasonabl}', to appoint one or more meet pcr.sons in every new
plantation, wliere ten or more families are settled, to be deer-reeves, to
do and perform the like l)usiness and service as the deer-reeves chosen
b}' towns are obliged to do and perform ; and the persons so appointed
bj' the courts aforesaid shall be sworn to the faithful discharge of their
trust ; and ever}- person so appointed, who shall refuse to accept the
said trusts, or to take the oath aforesaid, shall pay a fine of five
pounds, to the use of the county wherein lie is so appointed, and, upon
his refusing to pay the same, may be, by the said court, committed to
goal, there to remain until he pa}' the same, with costs of prosecution.

Ayul be it further enacted,

[Sect. 5.] That, upon information made, on oath, to any justice of
the peace, that there are just grounds to suspect that an}- person or
persons shall have killed any deer or moose, against this act, or shall
have the ficsh, skin or skins of such moose or deer in his or their pos-
session, such justice may, and he is hereby empowered to. issue his
warrant to the sheriff of the county, his undersheriff or dei)uty, or to
the couf-tablc of the town or district where such suspected person or
persons shall dwell or reside, requiiing them not only to bring before
him the person or persons so informed against, to be examined touching
the premisses, but also to make diligent search for such flesh, skin or
skins, and to enter the dwelling-house where the flesh or skins shall be
suspected to be (such entry to be made in the daytime, and the house
to be particularly named or specified in the warrant) , and to seize and
secure such flesh and skins, in order to their being produced in evi-
dence on the trial ; and all such flesh and skins so found, between' the
twenty-first day of December and the eleventh day of August, in any
year, shall be deemed and taken to be the flesh and skins of moose or
deer killed within that time, unless, on trial, the contrary shall be made
to appear.

[Sect. C] And if, upon examination of any person or persons so
informed against, or otherwise, it shall appear to the justice probable
that such person or persons are guilty of killing moose or deer, or of
having in his or their possession the flesh or raw skin or skins of any
moose or deer killed, against this act, he may require such person or
persons to give suflTicient security for his or their appearing at the next
court of general sessions of the peace, to be held in the county where
the ofilcMicc is alledged to be committed, to answer the charge that may
be made against hiin for such ofU-nco, and abide the judgment that may
be given thereon ; and upon such person or persons neglecting or refus-
ing to give such security, may commit him or them to goal, there to re-
main until trial, or until he shall be discharged by due course of law ;
and such justice may also cause all such persons as he shall judge proper,
to appear liefore him, to give evidence in the cause aforesaid, and may
bind them to appear at the court aforesaid, to give evidence, in his ma-
jesty's behalf, against the person or persons inlbrmed against, as afon-
said : and every person refusing to appear, or to give such evidence as
lie knows against any i)erson or piM'sons, so accused, shall be lialilc to
the same peiialt} as the person or persons accused would bo subjectetl
to if convicted.

And be it further evaded,

[Sect. 7.] That the grand juries in the several counties are hereliy
rcciuircd, from time to time, diligently to [e][/]nquirc alter and to
prosecute all breaches of this act. IPansed February 3 ;* published
February 1, 17(i 1.

• Pu.ssfd Fclinuiry 4, according to the record.

[2d Skss.]

PROVINCE Laws. — 17G3-G-4.

68')

CHAPTER 29.

AN ACT FOU CONTINUING ALL TJIIAL5 BY JURY, CIVIL AND CRIM-
INAL, FROM THE SUPERIOR COURT OF JUDICATURE, COURT OF
ASSIZE AND GENERAL GOAL DELIVERY, FOR THE COUNTY OF
SUFFOLK, TO BE HELD THE THIRD TUESDAY OF FEBRUARY, THE
PRESENT YEAR, TO THE SUPERIOR COURT, &c., FOR THE SAID
COUNTY, TO BE HELD THE THIRD TUESDAY IN AUGUST, NEXT,

AVhereas the small-pox is in divers I'ainilies in the town of Boston, Preamble,
whifh must expose to danger of infeetion great i)art of the grand
jurors, i)etit jurors and others, who are required to attend the superior
court of judicature, court of assize and general goal delivery, to be held
at said Boston, the third Tuesda}' of Februar}', instant, —

Be it therefore enacted by the Governor, Council and House of
liei) resent at ives,

That no grand jurors, nor petit jurors, nor witnesses, nor parties in ah matters
actions or causes, civil or criminal, for trial by juries, shall be held to Bup('!^h)Vcamt
attend the said superior court, &c. ; and all such actions or causes shall forSufloik. con
be continued to the superior court of judicature, &c., to be held at said August, 1704"
Boston, the third Tuesda}' of August, next ; and all persons whatsoever,
imprisoned, or under recognizance for their appearance at the said
su[)erior court, &c., to be held the third Tuesda}' of February, shall be
held to appear, and may be proceeded against, at the superior court the
third Tuesday in August, in like manner as they would have been held,
and the}- might have l)een proceeded against, at the said court in Feb-
ruar}-, if this act had not been made and passed. [^Passed February
o ;* published February 4, 17G4,

CHAPTEE 30.

AN ACT FOR SETTING OFF THE INHABITANTS, AS ALSO THE ESTATES,
OF THE WESTERLY PART OF LUNENBURG,- INTO A SEPARATE
TO^VN, BY THE NAME OF FITCIIBURG.

Be it enacted by the Governor, Council and House of Representa-
tives,

[Skct. 1.] That the inhabitants, with their lands, on the westerly Bounds of
part of Lunenburg, beginning at such a place on Leominster line as ^"^•'*^"''e-
that a strait line therefrom may run between the lauds of Messieurs Paul
Witherb}- and Jonathan AVood, to a stake and stones, a small distance
to the westward of Mary Holt's house ; then, turning and running, north,
ten degrees and an-half east, to the south-cast corner of Fphraiin Whit-
ney's land ; then, to keep the east[er] [?t'«rc^]ly line of said Whitnej-'s
land, to the north-east corner thereof; and. from that corner, to run north-
wardly, on the eastwardly line of John White's land, to the north-east-
erly corner thereof; and, from that corner, to run north, four degrees east,
to Towns[/i]end line ; thru, running west, tliirty-one degrees and an-half
north, on Towns[/<]end line, to Dorchester-Canada line ; then, turning
south, nine degrees west, eight miles and an hundred and forty rods, on
Uorchester-Canada line, to Westminster line ; then, turning east, eleven
degrees thirtj' minutes south, three miles and thirty-one rods, to a
heap of stones in Leominster line ; then, turning, and running to the
bounds first mentioned, — be and hereby is set off and erected into a

• Signed February 4, according to the record.

G86

Province Laws.— 17G3-64.

[Chap. 31.]

Erected into a
town.

Representative,
liow to be

To pay their
proportion of
charges with
Lunenburg.

First town-
meeting, how
to be called.

separate town by the name of Fitchbui'g ; and that the said town be
invested with all the powers, priviledges and immunities that other
towns in this proviiice do or may by law enjoy, that of sending a repre-
sentative to the genei'al assembly onl}' excepted ; and that the inhabit-
ants of said town shall have full power and right, from time to time, to
join with the said town of Lunenburg in the ehoiee of a representative
or representatives, and be subject to pay their pro[ppr]tionable part
of the charge : who may be chosen either in the town of Lunenburg or
town of Fitchbui'g ; in which choice the}- shall enjo}' all the priviledges
which b}- law they would have been intitled to if this act had not been
made.

[Sect. 2.] And the selectmen of the town of Lunenbui'g shall issue
their warrant to one or moi'c of the constables of the town of Fitchbui'g,
requiring them to notify the inhabitants of the town of Fitchburg of
the time and place of their meeting for such choice.

Provided, necertheless, —

And be it further enacted,

[Sect. 3.] That the said town of Fitchburg shall pay their propor-
tion of all town, county and province taxes already set on, or granted
to be raised b}', said town of Li^nenburg, as if this act had not been
made.

And be it further enacted,

[Sect. 4.] That Edward Ilartwell, Esq'^''^, be and hereby is
[e] [/jmpowered to issue his warrant, directed to some princii)al inhab-
itant in said town of Fitchburg, requiring him to notify and warn the
inhabitants of said town, qualiiied by law to vote in town alfairs, to
meet at such time and place as shall be therein set forth, to chuse all
such officers as shall be necessary to manage the affairs of said town.
\^Passed February 3,* 1764.

CHAPTER 31.

AN ACT IN ADDITION TO, AND FOR RENDERING MORE EFEEOTUAI,,
THE SEVERAL AC!T8 OF THIS FROyiNCE FOR REOULATIN(J Till',
BUILDINGS IN THE TOWN OF BOSTON, AND PREVENTING FIRE IN
THE SAID TOWN.

I'rcamble.
1092-93. ch. 13,
§••2-

I0t;(-n00,ch.24.
1711-12, ch. 6.
1743-19, ch. 14.
KJi-.W, chaps.
2 ami 17.
17.VJ-fiiJ, ch. 30.
1700-01, cbapg. 9
and 32.

1702-n:t, ch. 13.
108 MiiBs. 200.
130 Mums. 321.

Whereas, b}' an act made in the fourth year of the reign of King
William and Queen Mary, intit[?<]led "An Act for building with stone
or brick in the town of Boston and preventing lire," it is, among other
things, ordered and enacted "that in all void and unbuilt places which
shall after be iini)roved for building, or when at any time any total eon-
sumption or desolation shall happen in any street or lane, within the
said town, it shall be in the power of the justices of the peace of the
said town, then in being, together with tlie S(>lectiuen, or the major jiart
of both, to state and l;iy out such streets, ways and passages as may
be most for the conveuieney and accommodation of the place, — as also
where any desolation hath haj)pened to regulate and inlarge other nar-
row and crooked lanes or passages ; and where any particular person[s]
shall have their lands taken away, or less(>ned thereby, a jury of twelve
men shall lie appi/nited by two justii'es of the peace, and sworn, to
ascertain the value thereof, to be paid by the person to whose land the
same shall be added, or by the neighbourhood or town, in proportion to
the benefit or conveniency an}' shall Inive thereby ;" but no provision is
made lor proportioning or assessing the value of such lands, upon or

• Signed Fclinmry 4, acooriliii}; to tlio record.

[2d Sess.]

Province Laws. — 17C'3 Gl.

687

between the said town and the persons accoinniodated or benefited
thereby, nor for an}- person so depriveil of their lands, to recover such
value thereof; wherelbre, for providing a more eliectual reniedv in that
behalf,—

Be it enacted hij the Governor, Council and House of Represenla-
tives,

[Sect. 1.] That, in all eases where the lands of an}- person shall be
so taken awa_y, and added or annexed to any of tlie streets in the said
town, or to the lands of any particular person, two justices of the peace
for the country of Sulfolk, one to be of the qnorum, shall, in live tlays
after application made to them, in wiiting, l)y Ihe owner or owners of
such lands so taken away, or by some other person in their Ix-half,
appoint and summon a jury of twelve meet persons, to appraise and
ascertain the value of such lands, and to estimate the damage and loss
thereby sustained by the owner or owners thereof, and also to estimate
the benefit and advantage that may accrue to an}' particular persons
thereby ; which shall be paid to the part}- endamaged, by the party or
parties so benefited, or by the said town, or by both, in such proportion
as by such jury shall be found reasonable ; who shall be under oath, and
shall give in their report, in writing, under their hands, of such valua-
tions and estimations, to the said justices, immediately after finishing
the same ; and the said justices shall, within five days, at farthest,
deliver the same report to one or more pf the selectmen of tlie saicl
town, to be safely kept on file from thenceforw-ard.

And be it further enacted.

[Skct. 2.] That, in any case where the lands of any person or
persons have been already set off and annexed to any street in the said
town, and valued pursuant to the aforesaid act, the owner or owners
thereof not having been paid or recompenced for the same, the method
herein above provided shall, in every respect, be observed, for recom-
pcncing such loss and damage : saving that the jury to be appointed
shall* not be charged or obliged to value such lands anew.

And be it further enacted,

[Sect. 3.] That the damages so estimated and assessed, and re-
ported l)y such jury, shall be paid to the respective owners of the land
that are or shall be so taken from them, either by the said town, or by
the persons whose lands arc or shall be accommodated and bettered
thereby, or by both, in such proportion as shall l)e expi-essed in the re-
port of such jury ; and for the non-payment thereof, within ten da}s
after such report shall be delivered as aforesaid, and demand made,
every owner of such land so set off and annexed, may have an action
for the same against the part}' or parties so neglecting to paj- their sev-
eral proportions aforesaid.

And be it further enacted,

[Sect. 4.] That the cost[s] and charges attending the making the
valuations, estimates and assessments, in the cases aforesaid, shall l)e
born and paid by the town aforesaid. [^Passed February 3,* 17G4.

* Signed February 4, according to the record.

Jury, to iip-
pniisc land
taken (iirur
ailciid, liow to
be appoiiiteU.

Report to be
tiled.

The same rules
to be observed
wlierc land Iui8
been already
taken off.

Damages to be
paid.

Action allowed
in case of non-
pajTnent.

Cost of valiia-
tion to be paid
by the town.

688

Province Laws. — 1703-04.

[Chap. 32.]

CHAPTER 32.

AN ACT FOR CONTINUING AND AMENDING .VN ACT MADE IN THE
FIRST YEAR OF HIS PRESENT MAJESTY, INTITLKD "AN ACT FOR
ALLOWING NECESSARY SUPPLIES TO THE EASTERN INDIANS, AND
FOR REGULATING THE TRADE WITH THEM, AND PREVENTING
ABUSES THEREIN." •

Preamble.
1700-61, chap.
17,

Indians to be
supplied by
persons ap-
pointed by the
general court.

'I' ruck-masters,
liow to be
appointed.

'i'o he \indcr
oatli, and give
security.

No other per-
sons tn the
tniek-houscs
permitted lo
trade with the
Indians.

Penally.

TrliTH oT (foods
s.ildthi' Indlann,
iithI iif I'ln-H
recelvi'd from
thein,rugulutod.

"Whereas an act, intitled "An Act for allowing necessary supplies
to the eastern Indians, and for regulating trade witii tlicin. and \nv-
vcnting abuses tliercin," is near expiring, and it is expedient for his
majest3-'s service that the same should be continued, with some amend-
ments and additions thereto, —

Be it enacted by the Governor^ Council and House of Representa-
tives^

[Sect. 1.] That provisions, cloathing and other suilalile siii)i)lies
for a trade with the Indians, be procured with the several sums that
have been, now are, or shall hereafter be granted for that piiri)Ose liy
the general court, and applied, from time to time, for supi^lyiiig the said
Indians as aforesaid, by such person or persons as shall be aiumally
chosen by this court, who shall proceed according to tlie instructions
they shall receive from this court, or from the commander-in-chief for
the time being, by and with the advice of the council, on any einer-
genc}' in the recess of this court : provided such instructions and direc-
tions be consistent with such instructions as are or may be given by the
general court ; and all supplies of cloathing, provisions or other neces-
saries shall be lodged at such places in the eastern parts of this prov-
ince, and elsewhere, as the general court have ordered or may hereafter
order.

And he it further enacted^

[Sect. 2.] That a suitable person be appointed by this court for
each of the places where any of the goods aforesaid are lodged, as
truck-masters for the management of the trade with the Indians ; and
be ]}va(\ for his service such sum or sums as this court shall judge rea-
sonable for his allowance in said ca|)acity ; and in case of the death or
removal of any one or more of said truck-masters, during the recess of
the court, another shall l)e put in iiis room by the comniander-in-chiof,
with the advice of the council ; all such truck-masters shall be under
oath, and give sudicicnt security to the proxiiice treasurer for the faith-
ful discharge of their trust, and shall observe the instructions which,
from time to time, shall be given them, and they sliall not trade, either
by themselves, or Iw any person under them, with the Indians, except
it be in the capacity of a truck-master ; neither may any oflicer or sol-
dier, residing at or within an}- of the truck-houses, or any other person
in the pay of tliis government, cither on account of themselves, or any
other person or persons, presume to trade with the Indians, on board
any ship or vessel or trans[)oit, in those parts, for any of the afore-
mentioned goods; nor shall it be lawful for any other person or per-
sons to sell, truck, barter or excliang(> with any Indian or Indians, any
strong beer, cyder, wine, rum, brandy or any other strong li(iuor,
cloathing, or any other thing whatsoever the Indians may want, on
penalty of forty sliilliugs, or three months' imprisonment for each and
every odeiice al)ove mentioned.

And he it fiirllicr enacted,

[Sect. ;1.] That tiie said truck-master shall sell the goods to tlie
Jmlians at the prices set in the invoices sent them from time to time by
tlie commissarv, whieii siiall be the same whieli lie gave for llie goods

[2d Sess.]

Province Laws. — 17G3-G4.

689

in the town of Boston, witli a roasonal)lo advance thereon, sufDcient to
pa}' the charge of transportation and all other charges arising thereon ;
and shall allow the Indians, for their lurrs and peltr}, as the market
shall be at Boston, according to their several qnaUties, by the latest
advices that the}- shall receive from the said officer, who shall send the
prices to the several trnck-masters at least twice in a year ; viz., every
spring and fall ; and the trnck-masters may snpply the Indians with
rum in moderate quantities, as they shall, in prudence, judge conven-
ient and necessary.

[Sect. 4.] And in case any of the truck-masters shall presume to
sell any goods at higher rates than they arc set at by the government,
or shall charge the government more for any furs or other goods than
they allowed the Indians therefor, such truck-master, being convicted
thereof, shall forfeit and i)ay the sum of fifty pounds, and shall thence-
forth be altogether disabled to hold or exercise any office within this
government ; and the more effectually to prevent or detect any such
pernicious practices, each and every truck-master, when and so often
as he shall settle and adjust his account with the said officers appointed
by this court for supplying the Indians (which shall be at least once
in a year, and oftner if required), shall make oath before the said offi-
cer, who is hereby authorized and appointed to administer the same, in
manner following ; viz., —

Yon, A. B., do swear that the goods committed to you for the supply of the Tnick-mastert
Indians, have been sold at no higher rate than they were set at by the govern- oath,
nient, and that you have charged for the furs and goods you have made return
of, no more than you have paid the Indians for them. So h«lp you God.

And for the better discovery of such ill-disposed persons, who,
through greediness of filthy lucre, and regardless of the publick good,
shall privately sell or deliver any sort of strong drink to any Indian or
Indians, of which it is difficult to obtain positive evidence, other than
the accusation of such Indian or Indians, —

Be it further enacted,

[Sect. 5.] That the accusation and affirmation of any Indian or
Indians, the accuser and accused being brought face to face at the time
of trial, shall be accounted and hcUl to be a legal conviction of the
persons accused of giving, selling or delivering strong drink to such
Indian or Indians, unless the person accused shall acquit himself, upon
oath, which the coui't, in all such cases, are hereby impowered to ad-
minister in the foiTn following; viz., —

Method of con-
viction of pri-
vately soiling to
the Indians.

You, A. B., do swear that neither yourself, nor any other by yovu- order,
general or particidar assent, privity, knowledge or allowance, directly or indi-
rectly, did give, sell or deliver any wine, cyder, rum or other strong liquors or
drink, by what name or names soever called or known, imto the Indian by
whom or whereof you are now accused, ^o help you God.

A7id be it further enacted,

[Sect. G.] That upon the complaint or iufonnation of any other Defendant may
person for the breach of this law, there being such circumstances as "n'^oath.''"*''^'^
render it highly prol)ablc, in the judgment of the justice of the (K-acc
before whom the trial shall be, that the person complained of is guilty
of a breach of the said act ; then and in every such case, unless the
defendant shall acquit himself upon oath, to be administred to him by
the justice before whom the trial shall be, the same shall be accounted
a legal conviction of the defendant for the breach of this law of which
he or they shall be accused, and he or they shall pay and sulfer the
penalty already by this act provided ; but in case the defendant shall

690

Province Laws.— 1763-64.

[Notes.]

Preamble.

English hunters
restrained from
huntiug beaver.

Penalty applied.

Penalty for
false swearing.

Proviso for per-
sons to trade
with the In-
dians.

Limitation.

acquit himself upon oath, to be administred to him as aforesaid, that
then he shall recover against the complainant double his cost occa-
sioned b}" such prosecution.

And whereas man}- complaints have been made bj' the Indians, re-
specting the English hunters destroying beaver and other fur, also the
beaver dams, and there being danger of great mischief ensuing there-
from,—

Be it therefore further enacted,

[Sect. 7.] That no j^erson or persons, other than Indians, from and
after the first da}' of May, 17G4, shall hunt or take an}' beaver, sables
or other furs, to the northward or eastward of Saco truck-house, or the
place where the said truck-house stood, except in the towns or planta-
tions where the}' dwell, on j^cnalty of forty shillings for every such
offence, to be recovered by complaint to a justice of the peace, in man-
ner aforesaid ; and in case any such fur be found in the possession of
any person or persons who has hunted contrary to this act, and who
cannot give a satisfactory account to the justice of the peace before
whom the trial may be, how they came by the same, it shall be a suffi-
cient evidence to convict such person or persons of a bi'each of this
act ; and he or they shall forfeit the said fur and incur the penalty
aforesaid.

Ayid be it further enacted,

[Sect. 8.] That the fines and penalties incurred by this act shall
l)e disposed of, one half to the informer, and the other half to be paid
to the truck-master, in whose district the same may be tried, for the
relief of Indian widows and childi'en, who may most stand in need of
the same.

And be it further enacted,

[Sect. 9.] That if any person or persons shall hereafter be con-
victed of false swearing in any case in this act mentioned, he or the}'
shall be liable to the same pains and penalties as is already by law
provided against wilful perjury.

Provided, nevertheless, —

[Sect. 10.] That it shall and may be lawful to and for the governor
or coraraander-in-chicf for the time being, by and with the advice of
his majesty's council, to grant licences unto such persons as they shall
find it necessary to ti-ade with the Indians ; such persons so licensed
giving bond witli sufficient bondsmen, in a competent penalty, to con-
form to such regulations, limitations and restrictions as the governor,
with the advice of the council, shall determine.

[Sect. 11.] This act to continue and be in force for the space of
one year from the first day of JNIay next, and to the end of the then
next session of the general court, and no longer. \_Passed and pub-
lished February 4, 17(14.

NoTKS. — The Oenoral Court was adjourned to Cambridge, Jan. 16, 1764, on
account of the sinall-pox then ]irovaU-nt in Boston. Tlio Conrt assembled at Cam-
bridjio, .Tun. IS, ami ri'maiiicd in session tintil the fourth of February.

All tlie acts of lliis year were jirinted: chapters 10 and I'.l separately; and the
en;;rossinents of all an- preserved, except of eha|iters 17, 1!', 'Jl, '22, 'J'.l and '.V2.

Tli(! acts of tlic lirst session were eertilied for transmission, ,Tuly 1, 17t>.'{. They
were delivered to the clerk of the I'rivy (.'ouneil, in waitiim, September 14, and, on
th(^ third of October, referred to the eommittee on i)lantation alTairs, by whom,
tiufo day."* later, they were referred to tlie Lords of Trade. On tlio eleventh of
October, the liords (if Trade sent them to Sir Matthew Land), for his opinion
thereon, who, on the sixth of April followin;:;, rei)ortetl that he had no ol)i(>ctiou to
tliem in piiint of law. This report was read at a meeting of the Lords of Trade, on
the aeeon<l of .Inly, l"(il, when the draught of a letti-r to Oov. B(>rnard was ordered
to be prenared. Tliis letter wjus accordingly prepared and signed on the l.ith. It
contains but one referenco to the acts of this si'ssion, wliich is [irintcd in the note to
chanter :<, pnitt.

Tlie ai'ts of tlie second session were certified for transndssion. March 8. 1"()4, and
the letter of Gov. Bernard accompanying tliein, is dated ALarcli 10. Mention of

[Notes.] Province Laws. — 17G0-G4. 691

them first appears in the niinntcs of the Lords of Traile, July 2, 17CA, when they were
referred to Sir Matthew Lamb; l)Ut no record has hecni discovered of his report
thereupon. On the Idth of Ajiril, 17(17, a representation was made l)y the IJoard, on
sucdi of the acts of several years, inchidin;; t!iis year, as they jiul.Ljed oui^ht not to 1)0
allowed, or which, from their nature, or from cIk; terms and I'onditioiis upon whicli
they were i)assed, required the royal conlirmatiou. In this n^port the suggestions
which appear in the note to chapter 1'.', post, and the observations on the acts incor-
porating towns, which are given in full in tlwi note to 17ti.j-(il), chapter 2.!, post, —
were the only comments made on the unexpired acts of either session.

Chap. 2. " May 28, ITtJ.'!. The; two Houses according to agreement proceeded to
the choice of a Collector of excise for the (.^innty of York the; current Y(>ar. The
Votes heing counted and sorteil, it appeared that M'' David Sewall was chosen by a
major Vote of the Council and House of Representatives." — Voitncil liccords, vol.
A'A'F., p. 8.

Chap. .'5. " Juno 18, 17(jl. A Complaint of Reuben Cognchew and Others, Indians
of Mashpee representing divers hardsliips and inconvcnienceis tliey suffer by means
of the English.

In the House of Representatives; Ordered That this Complaint be committed to
the Gentlemen appointed to repair to Mashpee JMarthas Vineyard and Nantucket,
to consider thereon and make r<'port. And that the Committee appointed to bring
in amendment of the Laws for the better regulating the Indians dtsfer the same till
such Report be made.

In Council Read and Concurred." — Council Ecconls, vol. XXIV., p. 51.

" Nov. 21, 17t)l. The Committee api)ointedthe 18"> of June last on the Complaint
of Reuben Cognehue and others of Mashpee, Indians, made report according to
Order. (Signed) W^ Bk.attle ^' Order.

In Council Read and Accepted, And Ordered That the honorable Thomas Hutch-
inson Esq'' with such as the honorable House shall join be a Committee to bring in
a Bill for the juirposes therein mentioned.

Sent down for Concurrence." — Ibid., p. 125.

" Nov. 27, 17()1. Here follows the Report at large made by the Committee
appointed IS"* June last and referred to in the Entry of the 21*^' Instant respecting
Mashpee Indians.

The Committee upon the rctiti(ni of the INIashpee Indians represeniing some
Grievances they labour under, attetxled said Service, and heard the Parties upon
the Spot on the twelfth and thirteenth days of August last; and beg leave to Report.

That Mashpee (whicli is about eight Miles in length, and between five and Six
miles in Wedth, contains sixty three Wigwams and two hundred and thirty seven
Indians) be erected into a District, said Indians to be vesttul with certain Privi-
ledges; That the eight English Families with their Ijands within the Bounds of
Mashpee be excludeil from i>eing Part of saiil District; Tha* said Indians be allowed
and impowered to meet in the iSIonth of IMarch Annually, and at other times which
the Trustees, Overseers or Selectmen of said District shall judge necessary; That
they be impowered to chuso five Trustees Overseers, or Selectmen; two of them to
be Englishmen of Note and Distinction; three of them to l)e Indians, Inhal)itants in
said Mashpee; said Choice not to be of any Validity if disallowed by the Governor
and Council. That said Persons thus elcctccl and conlirm(Hl to'ha\e the same
Power in general, touching the poor and indigent Indians of said ]Mash]ic(% as the
Overseers of the Poor have in other Distriits; relative to the Poor therein: That they
with the Consent of the Major part of the Indian Males there b(;ing twenty one
years of Age or upwards living in said Place, at a meeting warned for that purpose,
shall take into their hands for the sob; use of th(! I'oor and Indigent there, such of
the Indians Land as are held in common and undivideil, and them Lease for one
Year Annually, as they may .Judge will best answer the Purposes aforesaid.— That
oni! of said Trustees shall be chosen Moderator of the Meetings; at which Meeting
in ^larch, the Major ]iart of tluj Itiliabitants convened shall chuse a Clerk of said
District aniuially; and such other District Officers known in Law, as said Trustees
may judge necessary; an<l upon tluMr Deatii or Removal others may be chosen at
any time afterwards. And tiiat said Trustees be fully Aiithorizeil finally to hear
and determine all Disputes which may aris(! amongst said Indians respecting their
Lands, Meadows, Woods and Fishing, or that may in any wise relate to the same;
and that they take particular care to regulate the Fishery in said Mashpee, so as
may be most satisfactory and b(Mieficial to tin; Indians, in such manner as to them,
or the Major iiart of them, the two English Overseers being pn^sent, they shall judge
will liest conduce to the good of the whoU;: That they be alike impowered to pro-
portion to every Projirietor living there his Share in all Lands, Meadows Wood and
all Realties said Indians there hold as Tenants in <!ommon as said Trustees may
Judge he can improve to Advantage, That every of said Indians be prevented from
Leasing such Lands as they hold in Severalty, or shall be allotted to them.

And all such Indians as shall neglect to improve their Lands, the same said Trus-
tees shall have Power to enter upon and Lease for a Term not exceeding one Year;
the Profits thereof to be improved for the sole use and bcnetit of said Indian or his
Family, An<l the said Trustees, together with tin; Reverend M"" Hawley the present
Pastor of the Church there, and his successors being Englishmen, chosen and
appointed by the Commissioners for propagating th(^ Gosixd in .Vmerica, and the
Parts adjacent, and they only to approbate in Writing under their hands every
Indenture binding out any of the Children of the Mashpit; Indians; and that every
Indentnre not ajiproved of by them shall be null and void.
The Committee beg leave further to offer as their opinion, That said Indian;* have

692 Province Laws,— 17G3-64. [Notes.]

Greatly suffered being largely credited, and prosecuted for Debt; in consequence
thereof they have been (listrt;ss(.Ml, their Children bound out as a Colateral Security
for the Payment thereof: Tliat tlierefore none of said Indians be credited, and tliat
every Action brought against them, or any of them, shall he barred, in the case of
Sickness only excepted; and in that tiie Court shall allow no more than shall be
allowed by said Overseers or Trustees, or the Major part of them, upon tlie Accounts
being first Audited by them, who shall l)c impowered to audit and examine the
same:— Tliat said Trustees, or the Major part of tliem, and tliey only, be fully au-
thorized and impowered to dctiirmine all petty Quarrels, C()nt<-nTions, Breaclies of
the Peace, which ijy Law an; determinable by a Justice of the I'cace, that may arise
or be done by or amongst said Indians. — And that with the Consent of said Trustees
or Selectmen, said Indians living at Mashpee, at a Meeting legally called for that
Purpose, or the Major part of them, shall have full Power to Vote and receive any
other Indians or Mollatto's into their District, to share with them in their Privi-
ledges, and in their Common and Undivided Lands, in such Proportion as they
shall think proper; Provided the same be presented to the Commissioners of the
Society for pro])agating the Gospel in America &C'' and consented to by them.
And if any of said Indians thus admitted should remove from any Lands belonging
to them, the said Commissioners be fully impowered to let out the same for a Term
of Years, as they shall judge best, the Profits thereof to be improved for the use of
the Miishpee Trilie of which said Indians will then be a Part.

That no White Man, u[)on any Pretence whatsoever, except such as may be sent
by said Commissioners as Ministers or School Masters to said Indians, bo allowed to
inhabit or live upon any of the Indian Lands at Mashpee. — And that every white
Man excepting as before is excepted, who shall presume to dwell upon said Lands
in iSIashpee shall be deemed a Trespasser. And said SrhM-rmen, Trustees or Over-
seers shall have good Right, full Power and lawful Authority, and be enjoined to
Ijrosecute all such Trespassers to final Judgment and Execution.

Lastly. That the Lines between Mashpiic and the adjoining Towns, which havo
not been run this twenty six Years be jierambulated by such Persons on the part of
the Indians, not living in either of tlie adjoining Towns, as the Wisdom of this
Court shall appoint; and that the adjoining Towns be ordered to perambulate
accordingly.

The foregoing Proposals, if accepted; Your Committee are fully convinced will
settle the Indians there in great Peace, will greatly increase their Numbers and
reform their ISIanners; and is what We humbly apprehend ought to be done for
them. And that without it, we fear much Trouble will be given to the Court Annu-
ally, or elsewhere.

All which is humbly Submitted

(Signed) W™ Brattle by order."— i7>/rf., p. 157.

" .Tan. 30, 17(i2. Thomas Hubbard, Esq.'' from the Board went down to the House
of Representatives with a Message to entiuire if the House had acted tijwn the Re-
port of the Committee ujion the Affairs of the Mashpee and Nantuckett Indians.

M"" dishing from the House came up with a Message to the Board to acquaint
them that the House have not acted upon those Affairs, but have assigned next
Tuesday morning for them."— /6/(/., p. 'ibS.

" Feb. 1. ITO'i. The Secretary from the Board delivered a Message to the House
of Representatives, (h;siring that they would send up the Report of a Committee of
both Houses last Year relative to the Ma-shpee Indians —

M"' Sargeant from the House came up to the Board with the forementioned Re-
port."—7 /*/(/., /). .54-i.

" Feb. '_'l, ITt;:!. Upon the Report of a Committee on the Petition of the Mashpeo
Indians as entered "ilst November ITCl. In Council Ordered That this Report bo
revived and that M"" Hawlcy the Missionary to the Maslqiee Indians be notified
that this Affair will be considered on the first Thursday of the next Sitting of this
Court, when he with Two of the prin<;ipal Men of the Tribe may be beared (if they
see cause).

In tlie House of Representatives Read and Concurred." — Ibid., p. 6;t9.

" May 'J?, 17'i;!. William Brattle Esq"" delivered also a Mes.sago from the Board t<i
the House of Rei)reseMtatives, acquainting them that there wiia now a lu-aring be-
fore the Boaril respecting the Maslqiec; Indians; and th.it as the Board apprehended
tliat some of the Members of that House are capable of giving some information in
that Affair, they desire that Thomas Foster, Daniel Howard and Tho» Smith E.sq"
might attend tlie Board; who came up accordiuglv, and the Board proceeded to tho
hearing." — //</-/., vol. A'AT., ;>. «.

'• .May .'!<(, 17ii:i. In Couiicil Ordered that William Brattle and James Otis Esq™
with Such as th(( hon'^' House shall join be a Committee to bring in a Bill for tho
better regulation of the Mashpee IiKliaiis, and that the IJeport of a Committee dated
3 Ocf 17<il. ajipointed in conseqi.r'nee of a Petition of the Mashpee Indians be re-
ferred to this Committee for their ('onsideration, and the lietler forming their Judg-
ment in the drafting of tli(! Said Bill— In the House of Representatives Ri-ad and
concurred and Mi" Hewins, .M^ Crocker, ami D' Smith are joined in tho Affair."-

jh;,i.,p. 10.

" .May .'SI, 17(;.l. A Petition of Solomon Bryant, Jos'" IJiehards and Ruben Cog-
nebue of Mashpee Indians: Praying An Allowance o* the Expenee of their .Tourney
to Boston ill conseiinenee of an Order of tin- (ieneral Court of the l.'i"' of February
la.sf. In the House of Representatives Read and Ordered That the Prayer of the
Petition be. granted: And that the sum of Three Pounds twelve shillings and Eight
pence be Allowed out of the Publick Tri'jvsury to the Petitioner in Order to defrey
the Expellees within nientioiu-d. In Council iUad and Concurred Consented to by
tho Governor."— /6/(/., p. 17.

[Notes.] Province Laws. — 17G3-G4. GUo

"Juno 15, 1703. In the House of T^oprcsontativea On a Motion nia<le and Second-*
eil Kesolvetl Tliat the Oontlcincii appointed to repair to tlic Island of Chapaquidic
on Martha's Vineyard he ilirected to ascertain the houndary Lines hiitwecn tlie
Tcnvns of Barnstabl(>, Sandwidi and Falmouth adjoining u])on the District of
Mashpee. In Council Read and Concurred Consented to by the Governor." —
Ihnl., p. 74.

"Juno 15, 17(!3. Tho following Gentlemen were Nominated Ity his Excellency
the Governor Commissioners to taUe eare of the Mashpee Indians pursuant to a Law
made and jiassed by the General (^)U^t this Session for Incorporating saitl Indians,
Viz' Thomas Smith Esq"" Isaac llinckle.v Esq"" The Rev*! M^ Gideon Ilawley to
which Nominations his Majesty's Council did Advise and Consent."— AVecHiite
B"'-«rds of till' Vuintril, rol. 5, p. 2i)l.

•• In considering the I^aws passed in 1703, we could not avoid taking notice of that
for incorporating tli(» Mash|)eo Indians which in general api)ears to us to he a rea-
sonahh> Law, and will wi; hope operate to prevent any further com|)laints of these
Inilians eotieerniug their Lands, Hut wo see no reason for not extending to this
Inilian Settlement tho same powers and privileges vested by Law in otlter Dis-
tricts."—Z/or(/.s of Trade to Gor. Bernard, Jidij 13, 1764: "Mans. Buy, B.T.," vol. 80,
p. 171, in Public-Record Office.

Chap. 4. "Oct. 20, 1704. A Petition of .Toseph Doane of Chatham— Setting
forth, That he hath for many years last past kept a Pul)lic House of Entertainment
at Chatham aforesaid, which hatli been of great benefit to the Fisherj-; l)Ut that it
so happened the Petitioner was absent on a Whaling Voyage at the last License
Term for the County of Barnstable, and was therein' prevented making Application
to have his License then renewed. And praying that the Court of General Sessions
of the Peace for the County of Barnstable at their next term be enabled to grant
him a License for the purpose aforesaid.

In the House of Representatives Read and Ordered That the Justices of the
General Sessions of the Peace for the County of Barnstable be allowed (if they see
cause) at their next December Term to grant the Petitioner a Li(;cnse to keep a
House of Public Entertainment, He first obtaining the approbation of the Selects
men of .said Town for that Service, the time for granting Licenses being elapsed
notwithstanding.

In Council Read and Concurred Consented to by the Governor."— Co?mcj7
Records, vol. XXV., p. 286.

Cliap. 10. " June 15, 1702. A Petition of Joseph Williams Esq"- Setting forth That
He with divers other Proprietors of Gardners Caiiaila Township have been at great
(!xpence in l)riiiging forward their Settlements, liuilding a Jleeting House and
settling a Minister, notwithstanding which the General Court was pleased the
last year to impose a tax upon them in common with the delinquent Proprietors,
-\.nd Praying that they may be relieved either by having the said Tax wholl.y
abated or by having it laid on the delinquent Proprietors only. —

In the House of Representatives; Read and Ordered That the consideration of
this Petition be referred 'till the next Sitting of this Court; and that the Petitioners
Print the substance thereof in one of tlu; Boston News Papers three weeks succes-
sively; that so the delinquent Proprietors may shew cause (if any they have) on the
second Wednesday of the next Sitting of this Court why the Prayer thereof should
not be granted so far as it respects them. And that the Assessments upon tho
within mentioned Plantation be suspended in the mean time —

In Council Read and Concurred Consented to by the Governor." — Council Rec-
ords, rol. XXir., p. 445.

" Sept. 17, 1702. A Petition of Joseph Williams Esq"" in behalf of the Proprietors
of the Township called Gardners Canada, Praying relief With respect to their Taxes,
as entered 14 June last and referred.

In th(3 House of R(^presentatives Read again and Ordered That the further con-
sideration of this Petition be referred till the .second Wednesday of the next Session
of this Court, and all Assessments imposed by the Province and County are sus-
]»ended in th(! mean time.

In Council Read and Concurred Consented to by the Governor."— /ft/d., p. 470.

" June 14, 1702. A Petition of Eldad Taylor Esq' in behalf of the Inhabitants of
the Township Number 4, in the County of Berkshire — Setting forth That there hath
been by Law assessed upon tlu^ said Inhabitants the sura of £5j.O..". which amounts
to 21.y' on. the pound besides what the; Polls Pa.v, which is a l^urdcn they cannot
support under considering that they had been th^re but little more than four Years
when the Tax was laid, during which time they have been a great jiart eiuploycd in
making and cleaning Roads not only through their own Town, but through the
Country to Blanford, that they have also built a Met^ting House and settled a .Minis-
ter altho they consist but of Thirty one Families and forty four Polls, And Praying
Relief In the House of Representatives Read and Ordered That the consideration
of this Petition be referred 'till tho next Silting of this Court, and that tin; Peti-
tioner print the Substance thereof in one of the Boston News Papers thre*; Weeks
successively, that so the (h'linqueiit Proprietors may shew cause (it any they have)
on tiie second Wednesday of the next Sitting of this Court why the Prayer thereof
sliould not be granted .so f;ir as it resjiects th/'in. And that the Assessments upon
the within mentioned Plantation be stispended in the mean time.

In Coimeil Read and Concurred Consented to by tiie Governor." — Council Rec-
ords. ri,l. XXI v., p. 440.

" Sept. 17, 1702. A Petition of Eldad Taylor Esq"" in behalf of the Inhabitant.s of
Township N" 4, Praying relief with resiHct to their Taxes, as entered 14 June last,
and referred.

OQ-i Peovince Laws.— 1763-64. [Notes.]

In the House of Representatives; Read again and Ordered that the further con-
" sideration of this Petition lie referred till the second Wednesday of the next Sitting
of this Court, and all asscssuients imposed by the Province and County are sus-
pended in the mean time —

In Council Read and Concurred Consented to by the Governor." — Ibid., p. 479.

" Jan. L'ii, ITG.!. Elihid Taylor Esq"" from the House of Representatives came up
with a Message to desire that a Petition from the Township called No 4 may lie
sent, down to the House— Gamaliel Bradford Esq' from the Board went down to the
House with the said Petition."— //^/(/., p. 5-'>'2.

" Feb. 1(), ITU.'l. Upon the Petitions of Joseph Williams Esq^ in behalf of the Pro-
prietors of Gardner's Canada and of Eldad Taylor Esq'' in behalf of the Inhabitants
of N" 4 as entered the 17: Septem'" 17(>'J, the following resolve jiassed viz'

In the House of Representatives Resolved That the Prayer of the Pef'^i's for No 4,
in the County of Berkshire and of Roxliury Canada in the County of Hampshire
be granted; and that the Province Taxes laid thereon in the Year 1701 and 17(;2,
amounting in the whole to the sum of One hundred and eighty four pounds, seven
shillings and six pence be taken off, and lai<l on the Towns of Springfield, North-
ampton, Hatfield, Westlield, Deerficld Brimfield and Greenfield in their Province
Tax for the Year nii;'., in the following manner and proportion viz' on Greenfield
the sum of Four pouuds seven shillings and six pence; and on every of the other
before mentioned Towns the sum of Thirty jjounds eaili making in the whole the
said sum first above mentioned: .Vnd also for tlic future there \m added to the said
Towns of Springfield, Northampton, Hatfield, Westfield, Deerficld & Brimfield four
shillings each to a thousand jiounds Province Tax; and to the Town of Greenfield
seven pence to the thousand pounds (being part of their proportion set by the Com-
mittee of this Court lor settling the valuation in the Y''ear 17(il) and to be continued
from Year to Year until the further order of this Court. In Council Read and Con-
curr(;d Consented to by the Governor.'" — Ibid., jt. 5'J2.

"Feb. 15, 17(i;!. In the House <if Representatives; Ordered That the Expence of
the Committee apjiointed by the General Court in February 17()'J to run oiit and fix
tlie Bounds of nine Townshi])s in the Counties of \''ork and Cumberland, the bal-
lance of whose Accounts amounting to the sum of One hundred and fourteen pounds
11/11. Signed by Richard Cutt be paid as follows

Falmouth £l(i.7.5

Scarborough .... Ki.?..")

Biddeford 8.7.5

Pepperrellborotigh ... 8

49.2.3

Goriiam Town
Pearson Town
Windham
The Province

114.11.11

Each of the above Towns to be Taxed for the same in the next Province Tax Act
unless any of them shall pay their proportion as aforesaid into the Province
Treasury liefore the issuing of said Tax; and that tlu^ whole sum be now jniid out of
the Ih-ovince Treasury to said IJiehard Cutt Es(i'' in full discharge of said Account,
and by him to be jiaid to thos(^ to whom the same is respectively due. In Council
Read and Concurred Consented to by the (lovernor." — Ibid.,}). 585.

" Feb. 21, 17G:{. a Petition of Wo()dbri<lge Brown of Abington in behalf of the
.said Town— Setting forth— That in March last the said Town of Abington chose
one Abraham Bi^ale a Constabh", an<l he was sworn in ai'cordiiigly but that his Bus-
iness calling him in May following to go Eastward he agreed with one Nichola.s
Sliaw to eolleet the liales provided' he might be legally inipowered so to do— And
Praying that he may b<! im()owcred a<'cordingly —

In the House of Uepreseiitatives; Resolved that the Prayer of this Petition be so
far granted as that th(( Inhaliitants of the Town of Abington at a Meeting legally
warned be and hereby are fully authorized to accept of Nicholas Shaw as Constable
(if they see fit) in the room of Abraham Beales chosen Constable in Mar<'h last, who
liath liired said Nicholas to serve in his stead, and to gather his pro]>ortiou of \\w
Publick Taxes in said Town, and iqion his taking the Oath to said Ofiici' heloiigiiig
shall be deemed and adjudged a ('onstable ami t'ollcetiu- in the Law to all Intents
and purposes— In Council Read and Concurred Consented to by the Governor."—

jb}d.,i>.im.

•'June V.\, \1(\\S. In the House of Representatives. Imvsniuch as the Town of
Brimfichl an; taxed their fiUl proportion of the Province Tux for the present year,
as though the south part tlicreof were not set off a .seperate District, and the said
District hiMni; omitted in the said Province Ta.\.

Therefon^ llesoived that the A,.sc.ssors of the said Town of Brimfield lie. and they
hereby are inipowered and directed to apportion the same on the Inhabitants of .said
District their. Just proportion of the same by the Kulcs of Law in the same manner
as though the said District had not been made- and ereited into ;i se|)erate Di.strict;
anil the ,sam(! Rule also shall be Observed with respect to the Conniy Tax for the
County of Ilamjishin! for this present year. And \\w said Inhaliitants are hereby
enjoined to i>ay the same; and the Collector or Collectors of the said ."^ontli Preeimt
are also hereby enjoined to observe arnl Obey sm-h Warrant or W;irrants as shall be
directed to them from the Province Treasurer, and shall also in case of delin<)neney
in collecting and Paying in either the Provinee or County Tax ahiresaid bo subject
lo Warrants of Disinss as other Colleetois of Provinee ov County Taxes.

In Comicil Read and Concurrctl Con.senled to bv the Governor." — Ibid., vol,
A'Ar.,2-. 07.

[Notes.] Puovince Laws.— 1763-64. 695

"June 15, l~C",. Upon tlio Petition of tlio Scloctnipn of Brinifiold tho following
Order iiussfd the Court vi/' In tlwi lluiisc of Itcprosontativcs. Whoroas it lias been
rcpresenti'd to this L\)urt tliut wlun the District of Brinitield was set off from the
Town of Briinlield, tlio Inhabitants of said District were ordered to pay all the
Taxes tiiat were then assessed U])on tliein: lint it so happened tliat the Warrant for
the County Tax for said Town of Brimlield was not receiv'd till after said District
was set olt, wereby it is out of tlie Power of said Town to assess said District their
jiroportion of tlie Countv Tax.

Therefore Resolved that the District of Soutli Briinfield pay the sum of Five
lionnils live sliillin.u;s it being tlieir proportion of tlie County Tax. And the
Assessors of said District are hereby directed, Authorized and iinpowcred to assess
the Inhabitants for the same in the same manner as they would have been, had the
County Tax been received liefore the said District was sot off. And the Assessors
of the said South Brimlield arc hereby directed to give in their Certificate to the
Treasurer of the said County of their having made such Assessment and to whom
tlie s;U!ie is committed to C()llect &;c. and when to be paid: and the said Assessment
is hereby ordered to be made on or before the first day of Sei>teiiiber next, and the
Constable or collector to whom the same sliall be committed is hereliy directed and
impowered to collect and pay the same into the Treasurer of said County on or
belore the first day of December next. And the Treasurer of said County is hereby
impowiired to issue his Warrant or Warrants of distress against such Assessor or
Constable or Collector in Case of delinquency respectively, as by Law is directed in
Case of County Taxes; and the said Town of Brimlield are hereby released and dis-
charged from the payment of the said Five pounds live shillings part of said County
Tax.
In Council Read and Concurred Consented to by the Governor."— /?>/(/., p. 77.
" June 7, 17G4. A Petition of Jolin Brown Agent for tlie Town of Leicester and
District of Spencer— Setting forth, That a Fine was laid upon them of fifteen
pounds for not sending a Representative to Court the last Year: And as the said
Town of Leicester was that Year at the expence of settling a Minister, and tlieir
Charge for repairing the Great Road was uncommonly great. Praying that tlie said
Fine may be remitted. In the House of Representatives. Read and Ordered That
the Praver of the Petition be granted, and that the Petitioner be allowed to receive
the Sum of Fifteen pounds out of the Publick Treasury for the use of said Town
accordingly.

In Council Read and Concurred Consented to by the GoveTnor."— Ibid., p. 2'M.
" June 8, 17t)4. A Petition of Natlianiel Kingsley Agent for the Plantation called
No 4. Setting forth, That there are but 40 Polls iu the said Plantation, that they
have however exerted themselves so far as to settle a Minister among them; but
being poor and as yet in th(ur Infant State, They pray that the public Taxes assessed
on them for the three last Years may be remitted.

In the House of Representatives. On the Petition of No 4. Resolved That the
Taxes laid by the General Assembly on the said Plantation called No 4, in the Years
lT(il, 17(i-' and 17Go be and hereby are remitted to them, and that all Executions and
Warrants of distress against the Inhabitants of the saiil Plantation or their Col-
lector of Taxes for the same Taxes be, and hereliy are wholly superseeded.
In Council Read and Concurred Consented to by the Governor."— 7i/<7., p. 242.
" June 12, 17G4. A Petition of William Bacon and Others, Inhabitants of Kenne-
bec River and parts adjacent— Setting forth. That they have settled in a Wilderness
Country where tliev would have been unable even to have Subsisted themselves in
tlie Winter Season without Assistance: that the Town of Pownalborough has taxed
them, altho' none of them were Settled there when their Valuation was taken, nor
any of them Settled within six miles thereof and many of them are from 12 to 20
miles distant.— And Praving Relief.

In the House of Representatives Read and Resolved That the Petitioners notify
the Town of Pownalborough of the Contents of this Petition by leaving a Copy
thereof with the Town Clerk, that the Town may make Answer to the same (if they
see cause) the first Tuesday of tlie next Sitting of this Court, and that all proceed-. _
ings with respect to the further taxing the Petitioners, as also of collecting the Taxes
already assessed be stayed till tlic further * of this Court. In Council Read and
Concurred Consented to' by the Governor." — Ibid., p. 25(5.

" Mar. 1, 17G5. a Petition of a number of the Inhabitants on Kennebec River and
places adjacent— praying to be freed from the taxation of the Town of Pownal-
l)orough as entered the I-"- of June last.

In Council Read again and sent down, it appearing that the Town of Pownal-
borough had been dulv notified.

In the House of Representatives, Resolved, That the prayer of this Petition be
granted. And that the petitioners with their polls and Estates be exempted from
jiaving any Taxes to the Town of Pownalborough. And the Taxes already a.sse.ssed
on them or their Estates are hereby declared void, and .shall not be Collected.

And the assessors of said Town are hereby forbidden to assess or tax any person
or persons tliat are Settled or inay Settle upon Lands not within the bounds of said
Town, 'till the further Order of this Court.

In Council, Read and Concurred. Consented to by the Governor."— /6(V/., /). 44.'i.
" June 15. 17(J4. A Petition of John Burk in behalf of Bernardston— Setting forth,
That their Numbers are vet small, having only .'U Families, and 49 Poles; that the
War has so retarded their Settlements tliat they have but 400 Acres of imi)roved
Land in said Town, and vet they have been taxed the three last Years, for two of
which thcv have paid £5S— and having now a Tax upon them for £1'.>— which can-
not be collected but by distress. And Praying that it may be abated.

* '• Ordi-r " omitted.

696 Peovince Laws. — 1763-64. [Notes.]

In the House of Representatives; Ordered That the consideration of this Petition
be referred to the next Session of the General Court and the Treasurer is herehy
directed not to issue any "Warrant for the enforcing payment thereof in the mean
time.—

In Council Read and Concurred Consented to by the Governor. "-^J&!c7., ??. 272.

"Mar. 1, 17t)5. a Petition of Joshua Henshaw Esq and others Inhabitants or
proprietors of the plantation called Dorchester Canada— Setting forth, That in the
year ITiil the General Court laid a Tax upon them of £44: 7:0 and three yearly
Taxes since. That the Lands in such a new plantation do not yield the produce as
in those that are more cultivated, and are subjected to early and late Frosts, inso-
much that the Inhabitants have not been able to raise one half of their Bread Corn,
but are obliged to Travel to other places to purchase it. That they are besides sub-
ject to the ravages of wild beasts, whereby they lose more young Cattle Sheep and
Swine than the value of any province Tax that could equitably be laid upon them.
And praying Relief.

In the House of Representatives. Ordered that the consideration of the within
petition bo referred to the next May Session, and that the petitioners are directed to
return a List of their polls and Estates to the Court at that Session.

In Council, Read and Concurred." — Ibid., p. 440.

" ]Mar. ■'), 1705. a Petition of Samuel Smith Representative of the Town of Tops-
field— Setting forth— That the General Court was pleased to lay a Fine of Tea
pounds upon them for not sending a Representative to Court in the year 1700'; that
although Tofisfield is an Antient Town it is one of the smallest in the County of
Essex that they have usually sent a Representative, but that their Town charges
were that year and tlie year following very great. And praying that the said Fine
may be remitted.

lb the House of Representatives. Read and Ordered that the prayer of this Peti-
tion be granted, and that the sum of Ten pounds be granted out of the public
Treasury to the Petitioner fur the use of said Town accordingly.

In Council, Read and Concurred. Consented to by the Governor." — Ibid., p. 448.

" Oct. 29, 1705. A Petition of James Kerswell of Kittery— setting forth That in
the year 17();5 he was chosen Collector of Taxes for the first Parish in Kittery, and
proceeded in collecting of the same but it so hapned that the warrant by which he
acted was issued without a Seal and twelve or thirteen persons who are still in
arrcar do now refuse to pay him: And praying the interposition of this Court for
relief.

In the House of Representatives. Resolved that the abovenamed James Karswell
late a Collector of tlie first parish of Kittery in the County of York be and he
hereby is authorized and impowered to compleat and finish his Collections of all
such Sum and Sums of money as was duly asse.ssed on the Polls and Estates
witliin said Parish in the year 1703 and committed to him to collect; and pay in the
same pursuant, to his directions, any supposed defect in his warrant for want of a
Seal or otherwi.se notwithstanding. In Council, Read and Concurred. Consented
to by the Governor."— /6/(7., vol. A'A'l'/., p. ill.

Chap. 12. " Feb. 4, 170.'$. A Petition of John Choate Esq"" and Others, a Commit-
tee of the Court of General Sessions of the Peace for the County of Essex, Setting
forth, Tliat on the Decease of Daniel Appleton Esqf late Register of the Court of
Probate for said County it appearing that the Records of said Office were vacant
from February 1727 to "tlie year 1730, and from March 1702 to July or August the
same year; l)ut that tlH> original papers are on file in tlio oftice tlio not Recorded,
and the said Daniel Apjilcton it is supposed has received the Fees for recording the
same, And Praying the direction of tiiis Court how ihey shall proceed in this Affair,
and by what means money shall be raised for the l)i:ingingup of the said Records.

In the House of Representatives Read and Ordered That M"" Paine, Cap' Liver-
more and Major Morcy with such as the honorable Uoard shall join be a Committee
to take this niemorialvinder consideration and make report.

In Council Hea<l and Concurred and William Brattle and James Otis Esq" are
joined in the Affair."— C'o;/Hr;7 L'cconls, ml. XXIV., p. 541).

" Feb. 10, 17(i;!. Tlie Committee appointed the 4tli Instant on the Petition of John
Choate E^q'^ i^c Others, Justices of the County of Essex made the following Report
viz'

The Committee to whom was referred this Petition have considered the same and
report that tlxi Administratrix on the Estate of Dan' Appleton Esqf deceased bo
served by the Petitioners with a copy of said Petition, that she may shew cause if
any slie bath why X\w pLccords of tbe'Probate Otfico for the Ctmnty of E.ssex from
February 1727 tollin Year 17:!(!, and froiTi March 17ti2 to July then next, now vacant
by the n'pn\scntalion of the I\-til ioners, \h: not brought up at the charge of the
Estal<! of th(^ said Dan' and that the furtlicr consideration of this Petition be re-
ferred to the sccoml \V<(lM<".sihiy of I he next Sitting of the General Court. In
Council Read anil Accejitcd In the lIon.se of Representatives Read and Con-
curred."—//>''/.,;). 5(W.

"Juno 2, 17(i;<. A Petition of John Choat Esq' and Others, a Committee of the
Court of General Sessions of the Peace for the County of Essex. Praying the inter-
position of this Court with regard to a deficiency in the records of the Court of Pro-
bate in said County as entred 4"' February last.

In Council Head ag:iin and no answer being giv<>u in Ordereil that William
Brattle an<l .lohii i'\\<y.\t Ks(i » wiib such as tlie lion''''" House shall join be a Com-
mittee to jirejiait^ a Ibll for providing a remedy in the case herein mentioned, and
in othiT cas(!s of a Similar nature.

Ill Ilie lIous(! of Ilcpresciitanves i;ea<l and Coniurrcd and Col" Jiuies of Weston,
Capt" Howard and Col^ Clap are joined in the Affair."— i6td., vol. XXV., p. 22.

[Notes.] Peovince Laws. — 1763-64. 69 1

Chap. 13. Bv General Amherst's returns it appears, that of the 3,220 men voted to
be raised by Massachusetts, for the campaiuu ot 17G1, *2,()37 actually took the field,
of whom 5'Jl remained in garrison during tlie winter and spring. I'or re-imbursiug
the expenses of the colonies in tliis canii)aign parliament was recommended to ap-
propriate two-thirds of the previous annual grant, and, accordinj,'ly, the House of
Commons voted, for that purpose, £i:i.i,:!:i:i, 6s. «d., in the same form of words used
in the previous grants. (See .Journals of the House of Commons, January 26, 17(i2.)
Mr. Bollan, in his letter of Fehruary 1_', 17(12, informed the General Court of the
passage of this vote, which was communicated to him by an intimate friend who
was a member of the House.

On the 24th of November, 17()3, Mr. Mauduit received, as the province's share of
this grant, £42,774, His.— two-thirds in casli, and one-third in Exchequer bills. This
had been settled by the Lords of the Treasury, in the previous month; and he had
succeeded, at the same time, in obtaining a settlement of the claim for extra
expenses in 17u;i, besides the province's share in what remained of the £10,000 re-
tained to meet that claim. The whole sum awarded to Massachusetts, out of the
£10,000, was £5,190, 12s. [See note to 170*2-03, chap. 10, ante.]

Chap. 15. " Jan. 20, 1763. A Petition of Elisha Doane and Others a Committee
of the North Precinct in Eastham, Setting forth. That the place for transacting the
Town Affairs is ten miles distant from the Meeting House in thesaiil North Parisli,
which makes it very difbcult for them to attend the Town Meetings, And Praying
that they may be erected into a seperate District.

In the House of Representatives; Read and Ordered That the Pet™ serve the
Town of Eastham with a copy of this Petition that so they shew cause (if any they
have) on the second Wednesday of the next ISIay Session why the Prayer thereof
should not be granted. In Council Read and Concurred."— Com/icj7 Records, vol.
XXIV., p. 5Q1.

" June 3, 1763. A Petition of the North Precinct in Eastham Praying to be erected
into a District, as entered 20"' JanJ' last. In the House of Representatives Read
again together with the Answer of the Agent of Eastliam. And Ordered that Colo
Clap Doc Smith and M^ Foster of Plymouth with such as the Hon'^' Board shall
Appoint be a Committee to take this Petition and Answer under consideration and
make report.

In Council Read and Concurred, and Gam^ Bradford and James Otis Esq" are
joined in the Affair." — Ibid., vol. XXV., p. 25.

" June 7, 1763. A Petition of the North Precinct in Eastham praying to be made
a District having been committed the 3'i Instant the Committee reported as their
opinion that the Prayer thereof bo granted.

In Council Read and accepted and Ordered That the Petitioners have liberty to
bring in a Bill accordingly.

In the House of Representatives Read'& concurred." — Ibid., p. 37.

Chap. 17. " Jan. 21, 1764. In Council, it appearing to the Board that it may have
a probable tendency to prevent the spreading of small pox in the Town of Boston,
if General leave was given to such as are subject to that distemper to be Inocu-
lated, at some convenient distance from the Town.

It is therefore Ordered that it shall anil may be permitted any former Order or
Law to the contrarynotwithstanding, to so may* of the Inhabitants of the .said
Town as can and maj' be accomodated from time to time, to be Inoculated at
Point Shirley they submitting to such Regulations, as to their being clen.sed from
Infection and as to the time and manner of their removal, as shall be thought ne-
cessary by the Governor with the Advise of the Council, for the Safety of the Inhab-
itants ot the Province.

Sent down for Concurrence." — Council Records, vol. XXV., p. 142.

"Jan. 24, 1764. A Petition of Sundry Inhabitants of Boston with a Petition of
Docf Sylvester Gardner annexed. Praying leave for an innoculating Hosjiital.

In Council Read and Ordered That Israel Williams, James Otis and Nathaniel
Ropes Esq" with Such as the hon'^'c House shall join be a Committee to take this'
Petition under consideration and report.

In the House of Representatives Read and Concurred and M^ Trowbridge, M'
Tyler and M'' Otis and M'' Gushing of Boston are joined in the ASa.h\"—Ibid., p. 150.

Chap. 19. " This Act differs from the former in the following particular; instead
of ' excepting such goods as are the product or manufacture of Great IJritain ' as
in the former Act at the end of the second section, it stands now ' exce[iting such
Goods as are nH/)0)<e'ZjrVom Creat Britain.' This alteration is for the advantage of
the trade of Great Britain, as now all goods coining from Great Britain are ex-
empt from these duties .whether they are the prodtict or Manufacture of Great
Britain or not. And no disadvantage can arise from British product or Manufac-
ture; transi)orted from other Colonies being subject to these Duties, as no such
goods can be imported here to any purpose. If any goods are importe<l here as
such, tlicy must really be Foreign goods, made like to those of Britain; of which
many kinds may be reckoned up, some of which will get in here as British goods, if
they can find a passage to otlier Colonies.

There is also a small alteration of the oath in the 7"' section: instead of ' sterling
value' and 'than that value,' it now stands 'present value' and 'than the real
value' a difference quite immaterial.'— Goc. Bernard to Lords of Trade; Mar. 10,
1764: ' Mass. Bay, B.T.,' vol. 78, L. I., 69, in Public-Record Office.

* Sic: taoDj.

()98 PfioviNCE Laws.— 1703-64. [Notes.]

" Tlie first of these is an Annual Act of the Provinc'e and does appear to us to he
in no otlier respect objectionahle than as it directs a double Impost to he paid
for all Goods in general imported hy the Inliahitants of other Colonies, by
whirh means it might so happen that Goods imported from Great Britain and com-
ing thro' th(! Channel or intervention of other Colonies wouhl be subjected to tlie
payment of the duties of Imjiost as upon foreign Commodities.

if this Objection therefore seems to Your Majesty to have weight, "We would
humbly propose an Instruction to be given to Yuur Majesty's Governor of the said
Province for procuring an amendment to be made in this particular Clause exempt-
' ing from Duties of Impost all British Goods coming thro' the Channel of any of the
otlier Provinces or Colonies on this Continent or of the British West India
Islands, to which likewise it ma.y be expedient to annex an exception in favour of
all sueh foreign goods and merchandize as shall be imported from Great Britain
either directly or thro' the intervention of other British Colonies, provided such
Foreign Goods ^c" have paid the Duties in Great Bvita.m. " —Neport of Lords of
Trade, Apr. 1(5, 1707: " Plant' General, D.T.," vol. 42, ?9. ill, in Piiblic-liecord Offi'-c.

" Jan. 18. 1764 Pursuant to agreement the two Houses proceeded to the Choice
of Civil Officers for the present Year, when James Russell Esq"" was Chosen Com-
missioner of Impost by a Major part of the Council and House of Representatives.
Consented to by the Governor."— C'o!(/ic(7 Records, vol. XXT., p. 133.

See note to 1767-68, chapter 12, post.

Chap. 20. "June 10, 1763. A Petition of A ntunber of the Inhabitants in and
about that part of the Town of Newbury called the Waterside— Setting forth the
extensiveness of the said Town whieh renders it very proper that it should be
divided, and as the Inliabitants of one Part of said Town are mostly Farmers, and
of the other principally Merchant-^, Tradesmen, and Sea faring Persons; and as the
lutresls oi said Parties are so dillen^nt, and in some respects opposite. Praying
tliat they may he divided and separated by such Bounds & Limits, as this Court
shall think proper, anil that they would appoint a Committee to determine the
same.

In Council Read and Ordered that the Petitioners notify the Town of Newbury
bv Serving the Town Clerk with a Copy of this Petition, that they shew Cause (if
any they have) on the second Tuesday of the next Sitting of this Court why the
Prayer thereof should not be granted.

In th(! House of Ueinesentatives Read and concurred.

A Petition of a number of the Inhabitants of the Westerly Part of the Town of
Newbury. Praying that in Consideration of the large extent of the Town and tlie
disadvantages resulting therefrom they may be made a seperate District bounded
as follows viz' from the Westerly end of said Town upon Merrimack River running
to the Mouth of Artichoak River so called, tind to run as that River runs to Rogers's
Milldam and then to run such a Line as will coiupiehcnd the extents of the second
and Fourth Parishes of .said Town, or that they may bo otherwise releived.

In Council Read and Ordered that the Petitioners notify the Town of Newbury,
by .serving the Town Clerk with a Copy of this Petition that they shew Cause (if
any they have) on the second Tuesday of the next Sitting of this Court why the
Prayer thereof should not be granted.

In the House of Rcspresentatives Read & Concurred.— /?o«hc(7 Records, vol.
XXV., p. AX:

" Jan. 3, 1764. The following Order passed on the Petition of Sundry Inhabitants
of the Town of Newbury, Praying that the said Town may be divided, as entered
10"> June viz'

In the House of Representatives; Read again together with the Answer of the
Town of Newbury. And Ordered that M"- Trowbridge, Judge Russell, Cap' Taylor
of Soiithlioroiigh, Mr Tyler and M' Brown of Salem with Such as the Honourable
Board shall ioin be a Commit lee to consider the Petition and Answer, and other
Pa])eis ac< oi'iipaiiying tlie same, hear the parties and report what they Judge proper
for this Court to do thereon.

In Counril Uea<l and Concurred and a Committee on the part of the Board is
joined in the AlTair." — /^/'/., p. 114.

"Jan.Ci, 1764. Tlie Committee appointed the .3'' In.s' on the Petiticui of Sundry
Inhabitants of tlie Town of Newbury having made report the following Order pas.scd
thereon viz'

In Council reatl and Accepted. And Ordered that Benjamoin Lincoln and
Nathaniel Ropes Ks(i" with suih as the hon'''^^ House shall join be a Committee to
repair lo Newbury, view the situation and consider the circumstances of the Town,
licar tins Parties and report.

In the House of Iteorcsentatives; Read and Concurred and Royall Tyler, Samuel
Livennon! and Kzra 'l"a\ lor Esii" are joined in the Affair. "--/?)/</.. p. 117.

"Jan. 20, 1764. Tln^ tN)iiiiiiittec api'iointed thet)"' Instant lo repair to Newbury,
view the situation ;iiid c(iii>id<'r the circumstanei;s of the Town in lonsiMiuence of a
P(!tiiion of a Nuiid'cr of the Inhabitants for a division of the said Town made
report, wliereiiiion the following passed viz'

In Council read and Accepted and Ordered That the same Committeo bring in a
Bill accordingly.

In the House of Kepresentatives Read and Concurred.'" — /?>/(?., p. 140.

"At tluiend of tlii! last Session mi .\'t passiil for dividing the Town of Nnvburit
into two to be called Newbury ami Newbury Port. It has been a constant rule
with me in dividing old Towiis to take care that the iiimiber of Representatives
should not be increased. This has i^enerally been done by providing that the two
new Towns created out of one old Town shouUl join in the election of Represeuta-

[Notes.] Peovince Laws. — 17G3-G4. GDI)

lives in the same manner as if tliey hail not heen separated, But in the present case
for good reasons it was ordered otherwise: The old Town of Newbury had always
sent two Members and as of the two New Towns the one was composed of Hus-
bandmen and the other of Menhauts and tlieiefore their interests would be dif-
ferent, It was thought best tliat each should send one Member only, instead of both
joitiiug in sending two. Anil so it was enacted.

Nevertheless upon the new elections of the present Assembly, the Town of New-
bury returned two Members, Tliis was so barefaced a violation of the Law but just
passed, that I thought I couhl not avoid taking notice of it. I accordiiiglj' directed
the Commissrs apiHiinted to administer tlie Oaths to tiie House not to swear the
two Members for Newbury. This produced, as I expected it would, a remonstrance
from the ITouse by a Committee, complaining of a breach of priviledge for not
leaving to them tlie juilgmcnt of the validity of the Elections of their own Members.
I told them that I did not desire to im|ieacli their priviledges, nor did imagine that I
liad done it in this instance, That the Act which gave the House the cognizance of
the validity of election must lie coutiued to matters that were doubtful or disputa-
ble in some degree, But where a return uiipeared ui)0U the face of it to be contrary
to law, it was no return and ought to be rejected iu the first instance. That I was
obliged to take notice of this by the practice of the house which was to postjione the
consideration of the returns till after the tirst day, by which means all persons re-'
turned, tho' ever so illegally had a vote iu the election of Councillors, And if the
(Governor could not reject returns that were illegal on the face of them and the
House would not inquire into them before they entered ui)ou business, it f(;llowed
that any Number of pretended ^lembers might be pound in to serve a particular
purpose iu the election of Councillois who would be content to be rejected after
they had done the business they came for. If this was the Law, it was high time it
should be auimadverted upon.' Upon which several Gentlemen present, who liad
been speakers in former Assemblies, iledarcd that it was the old usage to examine
the returns before they did any business and that the postponing it was a very late
practice, And tlie Committee of the House all except one said that they believed
that the House would, as soon as they were sworn, immediately proceed upon
enquiring into this return. Upon wliich I told them that, iu confidence that they
would dp so, I would withdraw my caution and let them proceed in their own way.
Nevertheless the House upon debate postponed the consideration of this election
and left the two Members of Newbury at liberty to vote for Councillors, altho' as I
have been told, they did not actuallj' vote. So that it is now established by formal
precedent, that pretended Members, tlio' their return be ever so notoriously illegal,
will have the liberty to vote for Councillors, before their return is disallowed.

If the present method of constituting the middle Legislative Body is to be perma-
nent, it will be proper that it should be secured from being abused as much a.s is
possible. Its natural and constitutional imperfection which has been continually
increasing, is enough: new and adventitious di.<ailvantages need not be added. I
must therefore desire your LordshijVs directions how I am to act upon a future
occasion of the like kind: for if a notion should prevail that all persons returned as
jNlembers whether legally or not, will have a vote for Councillors, before their right
of sitting at all can be determined. It is obvious U) me, that advantage will be taken
of such a laxity in the Government to serve occasional purposes." — Gov. Bernard
to Lords of Trade, June 2'.>, 17tJ4: " Mass. Bay, B.T.," vol.79, 3I.m., 5, in Public-Record '
Office.

Chop. 24. "May 31, 1762. A Petition of Konkopot and Others, Indians, Inhab-
itants of Stockbridge— Setting forth. That they are tlie Descendants of Indians
who were the Ancient and Original Owners of & Inhabitants of the Lands lying in
tho Western parts of this Province, atxl that they are allowed by all The Indian
Nations to* tlie right owners of the L;inds in these parts as far as a River called by
the English Westtield Iliver, and that neither they nor their ancestors have been
ever at War with the English, or disposed of the said Lands, That they have been
always faithfull to the English and lost many brave Men in their Wars, yet the
f Jovernment have granted away several large Tracts of their Lands, against which
they have formerly i-emonstrated, but have nevi^r obtaiu'd redress altho' a Com-
mittee was sent to Stockbridge on that Alfair, and another Committee was sent to
meet the Indians upon it at Shettield about Seven Years since, from whom they
received assurances that they should be paid for their Lands, but nothing lias been
ever done upon it, and now they are inrorined that all their Lands in the Western
l>arts of the Province are ordered by the Government to be sold; against which they
must in .lustice fo themselves and their ]>osterity put in a Caveat altho' they are
well Satislied that some English Subjects who have made Agreements with them
for some of their Lauds shorilil continue thereon, j-et they hope that none of their
Uights shall be forced from them; ami pray that this Court would stay the I'ro-
ceedings as to the Sale of their Lands, and that the ^Memorialists may be heard by
some of themselves whom they have .sent on that business viz' Captain Jacob
Chceksaunkun and Johannes Mtokksin.

In the House of Representatives Read and Ordered That the Petitioners be heard
by Conucil upon the Subject matter of the within written Petition before the two
liouses on Monday next at .'J o'clock Afternoon. (2!t)

In Council (ol^') Read and Concurred.

In Council (-il) The Petitioners having been heard before the two Houses by
Council in Support of their Petition Ordered That the hon'''e Thomas Hutchinson
Esq- William Brattle and Israel Williams Esq™ with such as the hon'''"^ House shall

* Sic : " be " omitted.

700 PitovmcE Laws. — 1763-64. [Notes.]

join be a Coraiiiittee to inquire further into the Indians Title to the Lands men-
tioned and Report.

In the House of Representatives; Read and Concurred and M^ Tyler, M"' Otis,
Eldad Tavlor Esq'' and Col" Partridge are joined in the Affair." — Council Records,
vol A'A'/r., 7^387.

" June 1, 17(ii.'. The Committee appointed to consider the Petition of the Indians
at Stockbridge made the following Report viz' Tlie Committee having considered
the said Petition and the Arguuienis in support of it at a hearing before tlie Houses
are huml)ly of opinion Tliat there has not been sufficient Evidence offered 1^
support tlie Indian Title to the Lands referred to in the said Petition, That the In-
dians liave formally Years past laid claim to Lands in the Western parts of the
Province, and when" Grants have V)een made of Townships in that part of the Prov-
ince, Gratuities have been frequently uiade to the Indians to prevent discontents
and keep them quiet. That divers Pei-sons have lately in an irregular manner
made Purchases of the Indians and paid them large sums of monej', which Pur-
chases the Committee are of opinion ought not to be countenanced by the Govern-
ment. The Committee are therefore of opinion that although in strict Justice
nothing is due from the Government to the Indians, they not having shown any
Title to the Lands in their Petition mentioned; yet inasmuch as Gratuities have
been made to them in tlie like cases heretofore; and it may be of importance to the
Public to keep the Indians quiet and in good temper that therefore a sum of money
not exceeding One Thousand pounds lie deposited in the hands of a Committee of
this Court for the use of the said Indians to be applied as shall appear to the said
Committee to be equitable, the said Indians before such application be made, re-
linquishing all Claim to any of the Lauds of the Province to which they pretend a
title. The Committee are'furtlier of opinion that the Committee of this Court
appointed to make Sale of the I^aiuls in the Western parts of the Province should
proceed as ordered. In Council Read and sent down.

In the House of Representatives; Read and Ordered That this Report be
accepted. — In Council Read ami Concurred." — Ibid.,}/. 392.

"June 2, 17()2. In the House of Representatives; Ordered That the sum of One
Thousand pounds as mentioned in the Report of the Committee upon the Petition
of the Stockbridge Indians be granted and paid out of the Public Treasury into the
hands of a proper Committee hereafter to be chosen by this Court for the use of the
said Sto<'kbri(lge Indians to be applied as shall appear to such Committee to be
equitable Provided That before the payment of said sum by the Treasurer he shall
take bond from the same (-ommittee conditioned for the faithful discharge of their
Trust, and to be accountalile to the satisfaction of the General Court f(u- the same.
Provided also that before the payment of said sum, the said Indians shall release
all Claim to any of the Lands of the Province to which they pretend a Title, as also
t(j any Lands which have been granted by the Province, Grants to themselves ex-
cepted. And that the Committee of this Court appointed to make Sale of the
Lands in the Western i)arts of the Province proceed as ordered.
In Council Read and Concurred. Consented to by the Governor."— /b/tZ, p. 3!I5.
"June 11, 17(12. In the House of Representatives; Resolved That Kldad Taylor
and Timotliy Woodln-idge Esq'Mvilli such as the honorable Board shall join be a
Committee to receive out of the Province Treasury the (iratuity ordered the Stock-
• bridge Indians on the second of June Instant, and that the said sum be augmented
to liftceu hundred pounds in the whole and be disjioscd of according to the direc-
tions of the order of this Court of the sai<l 2'' of June, and that any two of said
Committee may receive the said money upon giving bond to the Treasurer for the
same.— In Couiicd Read and Concurred aiul John Ashley Esq"" is joined in the
Affair. Cons(.'nt1id to by the Governor."— /6/(/.,;). 428.

"Feb. 1, 171)3. The Secretary delivered to the two Houses respectively the fol-
lowing Message from his JOxcellency the Governor viz' Gentlemen of the Council
and (lenllenien of tlie House of Rejiresentatives

1 hereby lay Ix'forii you a Letter I have received from the Sachem of the Stock-
bridge; Indians: and recommend to You to take their case into your consideration,
and remove, from them all cause of Conqilaint —

I'rovince Jlonse Fra Bernakd.

Janiiarv 31: l~(y.V—Tbi(l.. p. 543.

" Feb. 17, 17(>3. Upon a Memorial of the Stockbridge Indians the following Order
l>assed the Court viz'

In the IIous(- of Representatives | Resolved That the sum of Two hundred
jiounds in iiddiliou to the sum of Filleeii hundred ]K)unds granted by the Gener:d
Court in .lune last, be given to tlur Stockbridge Indians, so as to make tip the sum
of Sevenlecjn liiin<lr(Ml agreeable "to tlieir Petition exIiibitiMl to (Jeiieral Court Iliis
present Session; which sum of SeventiM'ii hundred ])ounds shall be paid to Tiinolliy
\Voo(lbridL;e I'lsqMo lie applvcd by the said Timotliy Woodliridge as shall appear
to liiln to lie efpiitablc, I'rovided that before tlie payment, of said sum, the said
Timoi In give bond to llu! Treasurer of tliis Province conditioned fortlie faithful
discbarge of his trust afoic-^;ii(l ; ami to render a true Accoiintof his dis|iositioii of
the same to this Court, I'roxided also that before the pa.\ ineiit of the said Sum to the
Haiil Indians, tliey shall releii-*e all ("laims to aiiv of the Lands of this Province
(Grants to lli<-mselves excepted) And it is further Kesolved That upon the said In-
dians rtcee])ting the said sum of Sevent<'en hundred nonntls, iuid rcle;ising as afoie-
Haid; the nresi-nt Fiiu'lish Claimers of ilie lands called Yokiim Town and iMoiint,
Kpliiiiini, bounded Westerly on the Province line, Northerly in jtart on Pittslield,
and in part on Province Land so called. Easterly on Ilousatonuc Uiver and South-
erly in p.arion Stoekluid','!! North line and in part on the Ministers Grants and in
part on nnaiipropriuled Lands, they the said Claimers giving Security to the Tieas

[XoTES.] Province Laws.— 1763-^4. 701

iirer of tlie said Province for tlie payment of Six hundred and fifty pounds to lie
]iaiil witliiu one year without Interest, the same Claiiners agreeable to a certain
Piatt of the said Lands called Yokuin Town and Blount Epliraim as named in the
same Piatt of the said Lands (provided as is hereafter provided) now exhibited to
tills Court; they, their heirs and Assigns, so many of them as shall duly pay tlieir
full C^uota of the said sum of Six hundred and lifty pounds according to the several
(luantities and parcels of the same Lands as delineated in said Plan, shall have and
hold the same to them, their heirs and Assigns in severalty agreeable to the several
Allotments in the same Plan, with their several names therein set down; the
Public Lots in said Land to be to the uses as therein set down; that within the
space of five Years from this time, there be fifty Settlers residing within the Limits
of tlie said Yokum Town and Mount Epliraim, who shall each have a dwelling
liouse of tlie following dimensions viz' Twenty four feet in length and eighteen
feet in wedth, antl seven feet stud, and have Seven acres of Land well cleared and
fenced, and brought to English Grass and ploughing and that the Settlers aforesaid
shall have settled among themselves within the term aforesaid a learned Protes-
tant Minister of the Gospel: Provided tliat the said Claiiners under said Indian
Title shall and do actually yield and pay to said Stockbridge Indians yearly the
several Rents heretofore reserved by said Indians from said Claimers upon such
Leases as they have received from said Indians for the term therein mentioned,
unless s'l Claimers within one year from this day obtain from said Indians absolute
Grants of said Lands in Fee for such considerations as they with the Advice and
consent of Timothy Woodhridge Esq^ think proper, who is hereby impowered to see
Justice done said Indians in said Sale. —

Resolved also That Whereas Samuel Brown jun'' has given Bond to the Govern-
ment for the payment of the sum of Six hundred and fifty pounds in consideration
of the said Lands of Yokum Town and Mount Epliraim, that in case any of the
Grantees or Lessees of said Land should refuse or neglert to pay their propor-
tionable part of the said Six hundred and fifty pounds to tiie Government agreea-
ble to the order of this Court said Brown shall and may make Sale of the Lots and
Rights of such Persons neglecting or refusing as aforesaid, Provided the said Plans
do not interfere with any former Grants fr<im this Province. — In Council Read
and Concurred. Consented to by the Governor." — Ibid., p. 594.

" Feb. 22, 17(33. In the House of Representatives; Ordered That the Deed from
the Stockbridge Indians conveyin.: sundry Tracts of Land to this Province be re-
corded in the Secretary's Office: and he is to cause the same to be recorded in the
Registers Office for the Counties of Hampshire and Berkshire after that the said
Deed to be returned into the Secretarys Otiice.

In Council Read and Concurred Consented to by the Governor." — Ibid., p. 60.3.

"June 15, 17(5.3. Upon the Petition of Charles Goodrich in the name and behalf
of the Grantees of a place called I'okum Town, the following order passed the two
Houses viz'

In the House of Representatives Resolved That the proprietors of the Township
calleil Yoakunitown in the County of Berkshire who hold tlieir Land in severalty
be, and they hereby are vested with all the Powers & Priviledges that Proprietors
of common & undivided Lands in New Townships in this Prov"^^: are Vested with
by Law, and that Timothy Woodbridge Esq'' one of his Majesty's Justices of the
Peace for said County be hereby impowered upon application to him made by five
of the said proprietors to issue his warrant for the first meeting of the said Proprie-
tors to transai-t such Matters and things as in such application shall be made, the
said Justice in said Warrant to assign the time and place for said meeting. In
Council Read and Concurred." — Ibid., vol. XXV., p. 78.

Chap. 28. "Dec. 23, 1763. In the House of Representatives Ordered That Cap'
Taylor, Major Hartwell and M^ Waldo with such as the honorable Board shall
appoint, be a Committee to reduce into one Act all the Laws for the preservation
oi Deer and Moose.

In Council Read and Concurred and a Committee on the part of the Board was
joined in the Affair." — Council Hecords, vol. XXV., p. 97.

Chop. .30. ".Tune 3, 1763. A Petiti<m of Amos Kimball and Epliraim Witney
Agents for more than forty of the Inhabitants of the Westerly part of Lunenburgh.
Praying That they may be set off from the said Town and erected into a separate
District. In the House of Representatives Read and Ordered That M' Wood Col"
Gerrish and Cap" Lawrence with such as the hon''''^ Board shall apnoint be a Com-
mittee to consider this Petition and report. In Council Read and Nonconcnrred."
—Council Records, vol. XXV., p. 27.

Chnp.?,2. " This Act has been continued from time to time for several years, with
occasional additions or omissions. It is now made as comprehensive and effectual
as ever, at my desire, who have made myself acquainted from the Indians them-
selves, with the great abu.ses and dangerous mischiefs of the English trading with
the Indians and hunting in their Territories; of which I gave the Assembly several
proofs from recent facts.

At the end of this Act is a new Clause impowering the Governor with the advice
of the Council to Grant Licences to persons to trade with the Indians. This was
inserted at my desire that the Act miglit not seem to contradict liis Majesty's
late Proclamation. But there will be no occasion to make use of tliis Power until
our Settlements in the Eastward are extended farther than they are at present or are
like to be for some time. For all the Eastern Indians that communicate with this
Province are so few, that the two public truckhouses at Fort Halifax «Sc Fort Pow-

702 Province Laws.— 1763-64. [Notes.]

nail are more than enough to supply them with all they want. Nor would it he
• worth the while of this Goveninieiit to support those tnickhouses for the ailvanta^re

of the traile only, wliich by no moans paj's its own expences; the preventing tiie
mischiefs of the private Indian trade is by much tlie chief consi<leration of keeping
up tiiese truckhouses, And I am convinced that if a private Indian trade was to be
generally allowed, it would be imjiossible to keep the Country in peace." — Gov.
Bcniairf to Lords of Trade, Alar. 10, 1764: "Mass. Buy, B.T.," vol. 78, L.I., GO, in
Public-Record Office.

"Oct. 23, 17(>4. A Memorial of Thomas Hubbard Esq"" Commissary General Setting
forth. That in and by An Act of this Government made and passed in the 4"' year
of his present Majesty's Reign for repiulating the Indian Trade, provision was luailo
that the Truckmasters be paid such Sum or Sums, as this Court shall judge reason-
able; but that, this Court have never yet deteriuined what such Allowance sliould
be. And praying that they would now determine thereon that so he may settle
with tlie said Truckmasters accordingly. —

In the House of Representatives Read and Ordered That 5 ^p"" Cent be allowed tlie
several Truckmasters for all sums remitted to the Commissary General.

In Council Read and Concurred Consented to by the Governor. " — Council Eec-
ords, vol. XXr.. p. 288.

ACTS,

Passed i 764—65

[703]

ACTS

Passed at the Session begun and held at Concord,
ON THE Thirtieth day of May, A.D. 1764.

CHAP TEE 1.

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

Be it enacted by the Governor, Council and House of Representa-
tives,

Tliat the sura of thirtecu hundred pounds l)e and herol^y is granted Grant of £i.300
imto his most excellent majest}', to be paid out of the puljlic ti'easurv oMus'm'ijt'sty'g
to his excellency, Francis Bernard, Esquire, cai)tain-oeneral and governor,
governor-in-chief in and over his majesty's province of the ]Massa-
chusetts Ba}', to enable him to carry on the affairs of this govern-
ment. \_Passed June 1.

CHAPTER 2.

AN ACT IN ADDITION TO AND EXPLANATION OF THE SEVERAL ACTS
OF THIS PROVINCE, PROVIDING FOR THE SUPPORT AND MAINTEN-
ANCE OF THE POOR.

AViiEREAS a doubt has arisen on an act ])assed in the fourth vear of Preamble.

* 100*'— 93 cb 28.

King William and Queen Mary, intit[?<]led ''An Act for regulating nii-tsi cb! is!
of townships, choice of town officers and setting forth their power,"
wlicther the justices of the peace, in the court of quarter sessions, have
power to assess the relations of a poor i)erson, williin the degrees
mentioned, for an\- cost[s] accrued l)efore application to the court of
sessions, or for any costs that one of the relations of a poor person may
have been at. for the support of such jDOor persons before they are cast
upon the town. —

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

[Skct. 1.] That the justices of the court of quarter sessions shall Quarter sioBiom
and hereby arc enabled, from time to time, to assess the relations rei-liion" for
within the degrees mentioned in the aforesaid act of King William and fupponof poor
(^ueeu Maiy, for any cost[s] or charges incurred by one relation of a ulin^.s.
poor person, for the supixjrt of sucli poor person ])efore such poor per-
son shall Vie so burthensome as to be cast upon the town ; as, also, for
any costs incurred 1)V the maint[ai] [cjnance of an\' poor person before
application made to the sessions.

Provided. —

[Sect. 2.] That no assessment shall l)e made in favour of any ProvUo.
particular relation, or town, for any sup|)ort for more than two years
])recet'(rnig such application to the court of quarter sessions. [^Passed
Jane 12. 706

706

Provikce Laws. — 1764-65.

[Chap. 3.]

CHAPTER 3.

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF FIFTY THOU-
SAND POUNDS; ALSO, FOR APPORTIONING AND ASSESSING A TAX
OF EIGHTEEN HUNDRED AND FORTY-NINE POUNDS TWO SHIL-
LINGS AND SIXPENCE, PAID THE REPRESENTATIVES FOR THEIR
TRAVEL, SERVICE AND ATTENDANCE IN THE GENERAL COURT IN
THE YEAR ONE THOUSAND SEVEN HUNDRED AND SIXTY-THREE;
ALSO, FOR ASSESSING THE TO'WNS OF SUNDERLAND AND MON-
TAGUE THE SUM OF TWENTY-SIX POUNDS TWELVE SHILLINGS,
BEING SO MUCH LAID UPON NEW SALEM, FOR THEIR PART OF
THE CHARGE OF A REPRESENTATIVE SENT FROM SUNDERLAND,
AFTER THEY WERE DISCHARGED FROM PAYING ANY SUM FOR
THAT PURPOSE, WHICH SUM IS ORDERED BY THE GENERAL
COURT TO BE ADDED TO SUNDERLAND AND MONTAGUE TAX THE
PRESENT YEAR; ALSO, TO ASSESS THE TOWN OF LEXINGTON THE
SUM OF FIFTY POUNDS SIXTEEN SHILLINGS AND ONE PENNY,
TRANSFERRED " TO SAID TOAVN FROM THE TOWN OF LINCOLN,
BEING SO MUCH WHICH THE TOWN OF LINCOLN HAS PAID, MORE
THAN THEIR JUST PROPORTION, AND WHICH SHOULD HAVE BEEN
LAID UPON THE TOWN OF LEXINGTON; ALSO, TO ASSESS THE
TOWN OF BELCHERTOWN THE SUM OF SIX POUNDS TWO SHIL-
LINGS AND NINEPENCE, BEING SO MUCH THAT THE TOAVN OF
GREENWICH WAS TAXED, THROUGH MISTAKE, MORE THAN THEIR
PROPORTION, AND WHICH SHOULD HAVE BEEN LAID UPON
BELCHERTOWN; ALL WHICH TAXES ARE TO BE OVER AND ABOVE
THEIR PROPORTION OF WHAT IS LAID UPON SAID TOWNS > ALL
WHICH SUMS AMOUNT TO FIFTY-ONE THOUSAND EIGHT HUNDRED
AND EIGHTY-ONE POUNDS SEVENTEEN SHILLINGS AND THREE-
PENCE.

1760-61, oh. 8,

1761-62,
§4.

17G1-62,
§4-

1763-64,
§4.

ch. 23,
ch. 50,

ch. 10,

Whereas the great and general court or assembly of this province,
by an act made and passed at their session in May, one thousand seven
hundred and sixty, agreed upon and ordered a tax of nine thousand
and six liundred pounds ; * and by another act, made and passed at
tlieir session in February, one thousand seven hundred and sixty-two,
agreed upon and ordered a further tax of thirty thousand jiounds : and
by an act, made and passed at tlieir session in April following, agreed
upon and ordered a further tax of twenty thousand and three hundred
pounds ; and by another act, made and passed at their session in May,
one thousand seven hundred and sixty-three, agreed upon and ordered
a further tax of forty-one thousand and thirty-one pounds and four
siiillings ; amounting in the whole to one hundred and ciglity-seven
thousand three hundred and thirty-one pounds and four shillings : and
whereas by the acts aforesaid provision is made that the general court,
at this present session, might apportion the same on the several towns,
districts, parishes and places within this jMOvince, if they should think
fit ; 3'et inasmuch as such a heavy tax will be insupportable to the inhab-
itants of this province, under their present distressed circumstances,
and as the pailiament of (ireat IJritain have been graciously pleased
to make a grant to the colonies of one Innidred and thirty-three thou-
sand three hundred and sixty-three pounds six shillings and eightpence,
to reconipence them for their services and expences in the expedition
for the 3'ear one thousand seven hundred and sixty-two; of which sum,,
this province's pioportion, when drawn f(;r by the province, or other-
wise received into the treasury, witii the tax of fifty thousand pounds,
now agreed to be as.scssed and levied this year, togetlu-r with the other
provision now made therefor l>v this court, will be sulllcienf to redeem

• This should 1)0 uiiu;ty-8ix thousuiul iwunds.

[1st Sess.] Province Laws. — 17G4-G5. 707

the government securities, with the interest thereon, that will become
due in June next ; wherefore for the ordering, directing and effectual
drawing in the said sum of fift^-one tliousand eight hundred and eighty-
one pounds seventeen shiUings and tlircei)enee, we, his majesty's
most loyal and dutiful subjects, the representatives in general court
assembled, pray that it ma}- be enacted, —

And be it accordingly enacted by the Governor, Council and House of
Representatives,

[Sect. 1.] That each town, district, parish or other place within
this province be assessed and pay, as such town, district, parish and
place's proportion of the sum of fifty-one thousand eight hundred and
eighty-one pounds seventeen shillings and threepence, the several sums
following ; that is to say, —

708

Province Laws. — 1764-65.

[Chap. 3.]

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[Chap. 3.]

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[1st Sess.]

•Province Laws. — 1764-65.

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PnoviNCE Laws. — 1764-65.

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[1st Sess.] Province Laws. — 1764-65. 717

And be it. further enacted,

[Sect. 2.] That the treasurer do forthwith send out nis warrants, ruUs for aascB*
directed to the selectmen or assessors of each town, district, parish ""-*"'•
or other phice within this province, that are taxed, requiring them,
respective^', to assess the sum hereby set upon such town, district, par-
ish or other place, in manner following ; that is to saj', to assess all
rateal)le polls above the age of sixteen ^'cars, within their respective
towns, districts, parishes or other places, or next adjoining to them,
belonging to no other town or place, at six shillings and eightpencc per
poll, and proportionably in assessing the additional sum paid out of the
treasury to the representatives, for their travel and attendance aforesaid
(excepting the governor, lieutenant-governor and their families, the
president, fellows, professors, Hebrew instructor and students of
Harvard College, settled ministers and grammar-school masters, who
are hereb}' exempted as well from being taxed for their polls, as their
estates being in their own hands, and under their actual management
and improvement ; as also the estate pertaining to Harvard College) ;
and other persons, if such there be, who, through age, infirmit}' or
extreme poverty, in the judgment of the assessors, are not able to paj'
towards public charges, the}' may exempt their polls or estate, or
abate part of what they are set at, as in their prudence they shall think
fit and judge meet.

[Skct. 3.] And the justices in their general sessions, in the respec-
tive counties assembled, in granting a county tax or assessment, are
hcrebj- ordered and directed to api)ortion the same on the several
towns, districts, parishes and other places in such count}*, in proportion
to their province rate; and the assessors of each town in the province
are also directed, in making an assessment, to govern themselves by
the same rule ; and the incomes of all estates, both real and personal,
lying within the limits of such town, district, parish or other place,
or next unto the same, not paying elsewhere, in whose hands, tenure,
occupation or possession the same is or shall be found ; and also the
incomes or profits y»'hich any jjerson or persons, except as before
excepted, do or shall receive from any trade, facult}', business or
emijloyment whatsoever, and all profits which shall or may arise by
mone}-, or commissions of profit, in their improvement, according to their
understanding or cunning, at twelvei)ence per pound ; and to abate or
multiply the same, if need be, so as to make u^) the sum set and ordered
hereliy for each town, district, parish or other place to pay ; and in
making their assessment, to estimate liouscs and lands at six yeai's'
yeai-l}- rent whereat the same ma}' be reasonably set or let for in the
l)lace where they lye : saving all agreements between landlord and
tenant, and when no agreement is, the landlord to reimburse one-half of
tlie tax set upon such houses and lands ; and to estimate negro, Indian
and molatto servants proportional )ly as other personal estate, accord-
ing to their sound judgment and discretion ; as also to estimate every
ox of four years old and upwards, at forty shillings ; every cow or
heifer of three years old and upwards, at thirty shillings ; and every horse
and mare of three years old and upwards, at forty shillings ; and every
swine of one year old and upwards, at eight shiUings ; goats and sheep
of one year old and upwards, at three shillings each ; the several crea-
tures above mentioned to be taxed to their respective owners or occu-
pants, by the assessors of the towns in which the owners or occupants
dwell : likewise requiring the said assessors to make a fair list of said
assessment, setting forth, in distinct columns, against each particular
person's name, how much he or she is assessed at for polls, and how
much for houses and lands, and how much for personal estate, and
income by trade or faculty ; and if as guardians, or for any estate, in his

718

Pr.oviNCE Laws. — 1764-65.

[Chap. 3.]

Inlmbitants to
bring in a true
list of their
soils, estate,

or her improvement, in trust, to be distinct!}- expressed ; and the hst or
lists so perfected, and signed by them, or the major part of them, to
commit to the collector, constable or constables of an}- such town,
district, parish or place, and to return a certificate of the name or
names of such collector, constable or constables, with the sura total
to each of them committed, unto himself, some time before the last day
of November next.

[Sect. 4.] And the treasurer, for the time being, upon receipt of
such certificate, is hereby impowered and ordered to issue forth his
warrants to the collector, or constable or constables of such town, dis-
trict, parish or place, rccjuiring him or them, respectively, to collect the
whole of each respective sum assessed on each particular person, and
to pay in their collection, and issue their accompts of the whole, at or
before the thirtieth day of March, which will be in the year of our Lord
one thousand seven hundred and sixty-five.

And be it further enacted,

[Sect. 5.] That the assessors of each town, district, parish or other
place, respectively, in convenient time before their making of the
assessment, shall give seasonable warning to the inhabitants, in a town-
meeting or by posting up notifications in some place or places in such
town, district, parish or place, or notify the inhabitants some other
way, to give or bring in to the assessors true and perfect lists of their
polls, rateable estate, and income by trade or faculty, and gain by
money at interest, which they are to render to the assessors, on oath, if
required ; and if they refuse to give in an account of the money at
interest, on oath, the assessors are impowered to doom them ; and if
any person or persons shall neglect or i-efuse so to do, or bring in a
false list, it shall be lawful to and for the assessors to assess such per-
son or persons, according to their known ability in such town, in their
sound judgment and discretion, their due proportion of this tax, as near
as they can, agreeable to the rules herein given, under the penalty of
twenty shillings for each person that shall be convicted by legal proof,
in the judgment of said assessors, in bringing in a false list ; the said
fines to be for the use of the poor of such town, district, parish or
place where the delinquent lives, to be levied by warrant from the
assessors, directed to the collectors or constables in manner as is
directed for gathering the town assessments, to be paid in to the town,
district or parisji treasury, for the use aforesaid : saving to the party
aggrieved at the judgment of the assessors in setting forth such fine,
liberty of appeal therefrom to the court of general sessions of the
peace within the county, for relief as in the case of being overrated.
And if any person or persons shall not bring in a list of their estates as
aforesaid to the assessors, he or they so neglecting shall not be
admitted to make ap[)lication to the court of general sessions, for an}'
abatement of tlic assessment laid on him or them.

[Skct. G.] And if the person be not convicted of any falseness in
the list, by him presented, of the polls, rateable estate, or income by
trade or faculty, business or employment, which he does or sliall exer-
cise, or in gain by money at interest or otherwise, or other estate not
particularly assessed, such list shall be a rule for such person's propor-
tion to the tax which the assessors may not exceed.

And Jhrtisiiiui-li as, olU-ntimes, sundry persons, not belonging to this
province, Itring considerable trade and merchandize into the same, and
by reason that the tax or rate of the town where they come to is
fniished and delivered to the constal)le or collectors, and, belbre tlic
next year's assessment, are gone out of the province, and so pay noth-
ing towards llie support of the government, tho', in the tinu^ of their
r(>sidiiig here, tliey reaped consitleral)ie gain by trade, and had the pro-
tection of the government, —

[1st Sess.] Province Laws.— 1764-65. 719

Be it therefore enacted,

[8kct. 7.] That wlieii any person or persons shall come and reside Transient trad-
in any town within this province, and bring any merchandize, or trade ^''''"" ^'^ "lu-u.
to deal tlierowilh, the assessors of snch town are hereby impowered to
rate ami assess all such persons, according to their circumstances, pur-
suant to the rules and directions of this act provided, though the former
rate may have been finished, and a new one not perfected, as aforesaid.

And be it further enacted,

[Sect. 8.] That when any merchant, trader or factor, shall set up a Merchants to be
store, and traflick, or carry on any trade or bu!<iness, in anj' town within h,'«o\A'rmie Tii'
this i)rovince, not being an inhal)itant of such town, the assessors of an v town be-

Slut's wlicrc iDcv

such town -where such trade and business shall be carried on as afore- dwell,
said, be and hereb}- are impowered to rate and assess all such mer-
chants, traders and factors, their goods and merchandizes, for carrying
on such trade and business and exercising their faculty in such town,
pursuant to the rules and directions in this act: 2^i'ovided, before a n}'
such assessors shall rate such persons, as aforementioned, the select- Selectmen to
men of the town where such trade is carried on shall transmit a list of of'suchVereons
such i>ersons as the}' shall judge may and ought to be rated, within the before they are
intent of this act, to the assessors of such town or district.

[Sect. 9.] And the constables or collectors are hereby enjoined to
levy and collect all such sums committed to them, and assessed on per-
sons who are not of this province, or are residents in other towns than
those where they carry on their trade, and pay the same.

And ichereas it has been the practice of some of the inhabitants of
the town of Boston to remove to some other town in this province, and
there reside for some months, to avoid pa3ing their part of the taxes in
the town of Boston, to which they really belong, to the great injury of
said town. —

Be it therefore enacted,

[Sect. 10.] That when any inhabitant of the town of Boston shall inhabitants of
remove to any other town in this province, and shall, in one year after, rc^o°x-ou°of
remove back to said Boston, and shall have been taxed in said town, town, and return

. 1 • i-i 1 111 in a year, to pay

he shall be subject to pay said taxes, in like manner as he woukl have tbeir tax in said
been had he not removed from said Boston {saving so much as he '*^°-
shall be taxed in the town removed to) , anything in this act to the
contrary notwithstanding. [^Fassed June 14.

CHAPTER 4.

AN ACT TO IMPOWER THE PROVINCE TREASURER TO DRAW BILLS
OF EXCHANGE UPON THE AGENT OF THE PROVINCE, IN GREAT
BRITAIN.

AVhereas the parliament of Great Britain has made a grant of one Preamble,
hundreil and thirty-three thousand three hundred and thirty-three
pounds six shillings and eight pence sterling, to enable his majesty to
rccom pence his northern colonics in America, for their military services
in the yaar one thousand seven hundred and sixty-two. a proportion of
which grant, it is expected, is already assigned this province, —

Be it enacted by the Governor, Council and House of Representa-
tives,

rSECT. 1.1 That the province treasurer he and he hercbv is impow- Province troae-

'-,,,.-' , ■■ 1 Ml /. 1 T ■\r 'i -t T„ (rl urer empowered

ored and directed to draw bills of exchange on Jasper :Mauduit, P.sff '., ,„ draw bills of
agent for said province in Great Britain, or, in case of liis being pre- exciiangc.
vented by death, absence, or any other way, on Kichard .Jackson,

720

Province Laws. — 1764-65.

[Chap. 4.]

jun[ior], Esq^'^., for a sum not exceeding forty-eight thousand pounds
sterling ; and the said bills shall be drawn on the following conditions ;
viz'''., that for every hundred pounds sterling for which such bills
shall be drawn, one hundred and thirty-five pounds lawful[l] money
of this province shall be paid into the province treasury ; that such
bills shall be drawn, paj-able to the persons purchasing the same, or to
their order, at thirt}' days' sight ; but if the province agent, or, in case
of his being prevented b}- death, absence, or an}' other way, Eichard
Jackson, jun[ior], Esq'^'"'. , at the expiration of thirty days, shall not
have received the province's proportion of the grant, then interest shall
be allowed, from the expiration of said thirty davs, at the rate of six
per cent per annum, until paid : and such bills shall not be protested
until twelve months shall be expired from their respective dates ; and in
case of their beiug returned protested, after the expiration of said
twelve months, the province treasurer shall repay the sums received
into the treasury for such bills, with [f/te] lawful interest from their
respective dates, but shall not be liable to pay any loss or damages on
account of the protesting such bills : said bills to be of tlie form follow-
ing ; viz^'., —

sterling. (No. ), Boston,

176

Form of the bill. Exchange for £
Sir,

At thirty days' sight of this my first per exchange (second, third and fourth,
of the same tenor and date, unpaid), pay unto , or order,

pounds sterling, for value received, and charge it to the
province of the Massachusetts Bay ; but if it is not paid at said thirty days'
sight, then pay interest on that sum, from the expiration of said thirty days
\mtil paid, at the rate of six pounds per cent per annum; and if this bill and
interest is not paid in one year from the date hereof, I hereby oblige myself,
and successors in the office of treasurer of the province of the Massachusetts
Bay, to pay said bill, with interest from the date of it, at the above rate,
until paid, when it shall be returned with a protest into the office aforesaid,
but no other charges or damages : provided, that, if payment shall not be de-
manded within eight months after the date of said protest, the interest shall,
from that time, determine and cease.

II. G., Province Treasm-er.

To Jasper Mauduit, Esq^^'^., agent for the province of the Massachusetts
Bay, in London, or, in case of his deatli or absence, to Richard Jackson, jun-
[ior], EsqW.

And he it further enacted^
Ticagiirer to [Sect. 2.] That the province treasurer shall and he hereby is

open 11 Bubscrip- directed to prepare, forthwith, a roll for receiving subscriptions for the
*•'""• bills aforesaid, of which he shall give pulilic[k] notice, that all persons

inclining may become subscribers. And the said subscription-roll shall
lie open to be subscribed, until the twentieth day of August, one thou-
sand seven hundred and sixty-four; at which lime, if a greater sum
than forty-eight thousand pounds, aforesaid, shall be snbscribctl, each
suliscriber shall be intilled to such a part of said proportion, in bills, as
his particular subscription shall bear to the whole siun subscribed.

Provided, aliva>js, —

[Skct. 3.] That no person shall be permitted to subscribe for more
than seven hundred jwunds sterling, or less than fifty pounds sterling;
nor shall any pennons be admitted to subscril)e, but such as are inhabit-
ants of this province, luitil tiie said twentieth day of August next, when,
if the smn subscribed shall appear to be less than the forty-eight
thousand pounds aforesaid, any pi-rsons whatsoever shall be allowed to
become sul)scribers for the remainder, and in such sums as they may
lliink proper, pri'ference l)eing given to the iiiliabilants of tliis provir.ce.

Anil he if flirt III' r enm-ti'ih
Anypcrsonmay [SixT. t.j Tiiat if Uic siiui [.s] subscribed, as aforesaid, shall not be

Proviso limiting
the Biim to bo
HuliMcribc<l, and
Id iIk- iiiliabll-

DMtHor (bill

pruvliicu.

[l8T SeSS.]

Province Laws. — lld-i-Gi].

721

paid into the province treasuiy within thirty days after i)ublic[k] notice, gubscHbe ar.e
given by the treasurer, in all the Boston ne\vs[)apers, that he is ready sothjuiy.
to draw the bills as aforesaid, then he shall allow any person or per-
sons whatsoever to become subscribers, in the room of those who shall
neglect to pay tlieir subscriptions until the expiration of the thirty
days aforesaid ; and such new subscribers shall be intitled to such bills
upon their paying for them at the rate aforesaid. [Passerf June 14.

CHAPTER 5.

AN ACT FOR ERECTING THE PLANTATION CALLED IPSWICH-CANADA,
INTO A TOWN BY THE NAME OF WINCHENDON.

Whereas the inhabitants of the plantation called Ipswich-Canada, in
the county of Worcester, labour under many difficulties and inconven-
ienc[/3es b}' means of their not l)cing a town ; therefore, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. l.J That the plantation commonly called and known b}' the
name of Ipswich-Canada, in the county of Worcester, bounded as fol-
lows ; vizi^'^., south, twelve degrees west, seven miles and two hundred
rods, on Dorchester-Canada ; west, eighteen degrees south, two hundred
and seventy rods, on Westminster ; north, thirty-six degrees west, four
miles and two hundred and twenty rods, on Templetown line ; north,
seventy-eight degrees west, six hundred rods, on Templetown line ;
north, twelve degrees east, four miles and two hundred and sixty rods,
on Royal[l]shire ; south, seventy-eight degrees west, six miles on Koy-
al[l] shire line, — be and hereby is erected into a town by the name of
Winchendon ; and that the inhabitants thereof be and hereby are in-
vested with all the powers, priviledges and immunities which the inhab-
itants of the towns within this province do or ma}' enjoy.

And he it further enacted,

[Sect. 2.] That there be laid on the lands already laid out in the
said town of Winchendon, a tax of one penn}' per acre for the term of
three years.

And he it further enacted,

[Sect. 3.] That Edward Ilartwell, Esq^""^., be and hereby is impow-
cred to issue his warrant, directed to some principal inhabitant in said
town, requiring him to warn the inhabitants of the said town, qualified
to vote in town affairs, to meet at such time and place as shall be
therein set forth, to choose all such officers as are or shall be required
by law to manage the affairs of the said town. [^Passed June 14.*

Preamble.

The town of
Winclii'iidou
conetituted.

A tax of one
penny per ace
granted for
three years.

Meeting of the
inhabitants, to
be warned.

CHAPTER G.

AN ACT IN ADDITION TO THE LAWS OF THIS PROVINCE RELATING

TO WAYS.

Whereas in and by the laws of this pi-ovince the justices in the Prcarabio.
courts of general sessions of the peace, in the ies[)ective count [v][/e]s,
are impowered, in certain cases, to lay out particular and private ways,
but no provision by law is made f<jr the discontinuance of sudi ways,
so laid, when the}' are found not to be necessary, —

* Signed June 15, acoorcling to the record.

722

PROVINCE Laws. — 1764-65.

[Chap. 7.]

Court of ses-
sions ornpow-
ert'd to dUcon-
tiiiiie pnrticular
and private
ways.

Be it therefore enacted by the Governor, Council and House of
Hepresentatives, iii general court assembled,

That it shall and ma}- be lawful[l] for the justices of the respective
courts of general sessions of the peace, so often as occasion raay
require, upon application made b}- an}' parties aggrieved at the contin-
uance of such ways, and all parties interested in such wa3S being dulj'
cited 'and heard, to discontinue an}' particular or private way laid out
as aforesaid. {_Passed June 14.*

CHAPTER 7.

AX ACT TO IMPOWER THE PROPRIETORS OF THE MEETING-HOUSE
IN THE TOWN OF NEWBURYPORT, WHERE THE REVEREND MR.
JONATHAN PARSONS OFFICIATES, TO RAISE MONEY TO DEFREY
MINISTERIAL AND OTHER NECESSARY CHARGES.

Proamble.
1751-52, chap.
19.

Proprietors
ctnpowt'rc'd to
l^ix the pews.

Firrtt nifctinp,
how to be called.

1735-36, chap. 6.

PewH to be
valued :

— may be a now
CHtlinatu.

CollectorH may
be appointed.

AVhereas it is found inconvenient to raise money for defreying min-
isterial charges in the town of Xewburvport, by an assessment or tax
on polls and estates in said town ; and ivhereas many persons attend
the publick worship of God in the aforesaid meeting-house, where the
Keverend Mr. Jonathan Parsons officiates, M'ho do not pay anything
for the support of the ministry there, and are not taxed towards the
suj^port of the same anywhere else ; and ivhereas the aforesaid propri-
etors are not by law enabled to tax such persons towards the support
of the ministry there, —

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

[Sect. 1.] That the proprietors of the meeting-house in the said
town of Newbury port, wliere the Reverend Mr. Jonathan Parsons ofli-
ciates, be and hereby are allowed and imi)owered to raise, by an assess-
ment or tax on the pew[e]s in the meeting-house aforementioned, such
sum or sums as shall be agreed upon by the proprietors, or the major part
of such of them as shall be assembled, at any legal meeting ealled for
tliat piu'i)Ose, for defreying the ministei-ial and other incidental charges ;
the first meeting of such ))roprietors to be called agreeable to the di-
lection of the act made and passed in the eighth and ninth years of the.
icign of his late majesty George the Second, intituled •• An Act direct-
iuii' liow meetings of proprietors in wharves or otlier real estates mav be
ca'lh-d."

And. to the intent that such tax or assessment may be equitably made
and duly collected, —

Be it further enacted,

[Sect. 2.] That the proprietors of the meeting-house aforemen-
tioned be and hereby are impowered to cause the pew[e]s in tlie
meeting-house aforesaid to be valued according to the convenience of
said pew[e]sand the situation thereof, and to put a new est[i]male upon
tile ii('w[e]s, from time to time, as shall be foimd necessary, and to
del ermine how nuich each pew, or part of a pew, shall pay towards
(lelVeying liie charges aforesaid, and tiie time and manner in wliicli tlu'
same shall be paid ; and aj)i)oint a collector or collectors to collect the
sum or sums so agreed to lie raised, wlio siiall be sworn to the faitiifiil dis-
charge of his trust. Anrl if any proprietor or owner of a ))ew in the
aforementic^ned house shall neglect or rertise to ))ay tlie sum or sums
assessed thereon, after having twenty days' notice given him by the col-
lector, tiie proprietors of the said meeling-house sliall l»e ami hereliy

• Signed Juno 15, according to tbc record.

[1st Sess.]

PitoviNCE Laws. — 17t!4-65.

723

arc impowcred, by themselves or l»y tlieir conimitteo, to sell or dispose of
the pew of such doliiKjUont, according- to the valuation thereof, as afore-
said, and, with the money raised l)y sueh sale, to pav the assessment
or tax on said pew remaiuinu' unpaid, together with the charges arising
on the sale ; the overi)lus, if any there be, to be returned to the owner-
thereof.

Provided, nevertheless, —

[Sect. 3.] That when the owner of any pew shall make a tender of
the same to the proprietors, or to their committee, at the valuation
aforesaid, and they shall refuse or neglect to accept the same, no sum
shall be deducted out of the sale of said pew, but such onl}' as shall
have become due before the making of said tender.

And be it further enacted.

[Skct. 4.] That the proprietors of said house be and hereb}' arc
impowered to tax or assess the several persons occu|)ying or possessing
pews or seats, or parts of pews and seats, who usually attend the pul)lic
worship in said house (and whose polls and estate are taxed nowhere
else, for the support of the public worship of God), according to their
several abilities and circumstances, in order to raise money suflicient,
together with what may be assessed on the pews, to defrey their minis-
terial and other incidental charges ; and the said assessment or tax shall
be made and collected by such rules as parish taxes are made and col-
lected.

[Sect. 5.] This act to continue and be in force for the space of
three years from the pubUcation of the same, and no longer. [Passed
June 14.

Dellnqupnts'
pews inuy be
sold.

Proviso.

Persons occupy.
Ing pews, and
nut Utxud clse-
wlu-re, miiy be

ta.XLHl.

Continuance of
tlie act.

CHAPTER 8.

AN ACT FOR ENABLING THE PROPRIETORS OF THE LANDS IN THE
TOWN OF BARNARDSTON TO RAISE MONIES TO PAY THE DEBTS
DUE FROM THEM.

meetings, how
to be called.

WiiKREAS the proprietors of the lands in the town of Bernardston, in Prerunbie.
the county of Hampshire, are indebted in divers sums of monev to sun-
dry persons, which became due before the inhabitants of the said town
were by law incorporated into a town, —

Be it therefore enacted by the Governor, Council and Hotise of
Representatives,

[Sect. 1.] That on application, made by any five, or more, of the Proprietors
proprietoi's aforesaid, to any justice of the peace in said count}', setting
ibith tlieir desii'c of a meeting of the said proprietors, in order to raise
monies for paying the said debts, and to transact the several matters
relative and necessary thereto, the said justice be and hereby is impow-
cred to issue his wanant. directed to some one of the said propiietors,
requiring him to notify the said proprietors to meet at the time and
l)lace, and for the purposes, that sliall be therein mentioned, a copy of
which, being posted up in some public place in the said town, and also
inserted in three of the Boston newspapers fn* three weeks, succes-
sively, twenty days at least before the time of such meeting, shall be
sufficient notice to the said proprictiMs to ai)pear at and attend such
meeting.

[Sect. 2.] And that the pioprictois, so warned and met as afore-
said, shall l)e and hci-eby are impowered to make such votes as may l>e
necessary for the granting, raising, assessing, levying and collecting
such sums as they are indelitcd in, as aforesaid, togetiier with such fur-
ther sinns as tliov may think pioper for defreying the expenccs of pro-

Wl)en so
warned .ind met,
empowered to
grxxul moneys.

724

Province Laws.— 1764-65.

[Chap. 9.]

Delinquent's
lands to be sold
for payment.

1761-62, chap.
44.

curing the warrant for said meeting and the notification thereof ; and
also for the choice of such officers as ma}- be needed to be employed
thereabout, and to agree and determine in what manner and proportion
the same shall be set and assessed on the said proprietors and their
lands.

And he it further enacted,

[Sect. 3.] That if any one of the said proprietors, who shall be
assessed in an}' sum agreeable to the votes of the said proprietors,
made at such meeting as aforesaid, shall neglect to pay the same for
the space of sixtj' days after such assessment is made, and published
b}' posting up the same in the town aforesaid and in the shire town of
the said county, the assessors shall have the same powers for making
sale and couve3-ance of such delinquent proprietor's lands, and shall
observe the same rules in all things relative thereto, as are provided in
an act, made in the second j-ear of his majesty's reign, intitled '• An Act
to subject the unimproved lands, within this province, to be sold for
the pa3'ment of taxes assessed on them, b}' order of the great and gen-
eral court, and votes and agreements of the proprietors thereof," etc.
[Passed June 14.

CHAPTER 9.

AN ACT FOR PREVENTING NUISANCES AND INCUMBRANCES ON DOCK
SQUARE, IN THE TOWN OF BOSTON.

Preamble.

Butchers, &c.,
nut lo encumber
Duck Square.

Si-leclmon
CMipowcred to
ii'inovi- Incum-
bninerH.

Finn for not
obijitiK-

Pinop provided
for llic miirkct,
to be roKUluleU

Whereas Dock Square, so called, in the town of Boston, near to
Faneuil Hall, has of late years been daily much incumbered by butchers,
victuallers and other people, who bring meat, victuals and provision to
market, by putting, plachig and continuing their horses, carts, car-
riages, and other incrimbrances, there, to the great obstructions and
hiiKh'ance of people passing up and down, to the great hazard of them-
selves, as well as others g(jing there to bu_v meat and other provisions ;
and v:hereas the town of Uoston, for preventing such incumbrances for
the future, have, at a great expence, provided a commodious place for
all people, bringing meat, victuals and provision to market, for placing
themselves, their horses, carriages aixl such their market stores, in,
and so preventing such nuisances and incumbrances as aforesaid. —

Be it therefore enacted h>j the Governor, Council and House of
Representatives,

[Sect. 1.] That if any butcher, victualler, or any other person,
l)riiigiiig to market, in Boston aforesaid, any meat, victuals or provis-
ions, shall, at any time after the first day of August, one thousand seven
huntlred and sixtj-'fonr, presume to set or place an}' horse, cart, car-
riage, stall, stand, bench, block, provisions or incumbrance in or upon
the aforesaid Dock Square, and shall not, immediately after being
direded or ordered by any of the selectmen of Boston, for the time be-
ing, or by such other person whom they shall a[)[)oint for that purpose,
riMMOve and take away from thence every such in('uinl)rance, as aforesaid :
l)y liiin or her so put and placed there, shall forfeit and i)My the sum of
fivv" shillings for every such negliH-t and olfence, for the use of the prov-
ince; which m:iy be recovered by action, coniplainl, or information, by
Ihc clcik of FMiHMiil-hall Market, ])(>fore any justice of the peace in the
county ; which process sliall be served within two days after such
ollencc shall be committed.

^\nd he it further enacted,

[Sect. 2.] That the aforesaid plaeo. proNnded by the said town of
Boston for the [»ur[)oscs aforo«aid, shall, from time \o time be under tlio

[1st Sess.]

Pkovince Laws. — 1764-65.

72u

regulations of the selectmen thereof; ami that this bill be published in bytiioBciccu
all the Boston newspapers three weeks, successively, and posted round '"'^""
the market.

[Sect, o.] This act to be in force for the space of two years from continuance,
the lirst day of August next, and no longer. [^Passed June 14. .

CHAPTEE 10.

.\.V ACr IN ADDITION TO THE ACT INTITULED "AN ACT TO PREVENT
TUE UNNECESSARY DESTRUCTION OF ALEWIVES, IN THE TOWN
OF MIDDLEBOROUGH."

Whereas, in and by the act intituled " An Act to prevent the unne-
cessary destruction of alcwivcs in the town of Middleborough," made in
the twentj'-second year of his late majesty King George the Second, all
persons are prohibited taking or catching alewives within tlie town of
Middleborough, save at the old Stone Ware, so called, in Namasket
liiver, and at such place in Assawampset Brook as said town should
appoint ; and ivhereas the prohibition and restriction aforesaid has
been found inconvenient ; therefore, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That during the season wherein alewives shall pass up
said Namasket River, to spawn, in the j^ear one thousand seven hun-
dred and sixt5'-five, it shall be lawful for the inhabitants of said town
of Middleborough to catch alewives at or near the place where the
slitting-mill now stands, on the said river, on the Mondajs, Tuesdays
and Wednesdays of ever}' week ; liberty' of taking fish there being first
obtained from the owner or owners of said mill.

Provided, nevertheless, —

[Sect. 2.] That it shall be lawful for said town, at a legal meeting
of the inhabitants, to dispose of and grant, for that 3"ear, the sole
priviledge of catching alewives, on the days of the week aliovemen-
tioned, at or near the mill aforesaid, (libert}- therefor being first ob-
tained of the owners as aforesaid) , to such person or persons as shall
ofler most for the same, and give sufficient securit}-, forthwith, for pay-
ment of the sum offered, at such time and in such manner as the
inhabitants of said town shall assign and order, either by themselves,
at a town-meeting, or bj' such as they shall appoint and authorize for
that purpose.

And he it further enacted,

[Sect. 3.] That no purchaser of the priviledge aforesaid shall re-
ceive for any alewives that may be there caught, more than one shilling
for each hundred of said fish, and so pro rata for any less or greater
number.

And he it further enacted,

[Sect. 4.] That any purchaser of the priviledge aforesaid, who
shall take or catch any of said fish at or near the mill aforesaid, or
shall allow or connive at any other person taking any such fish there,
at an}- other time than that limited for that purpose as aforesaid, and
ever}- other person whosoever that shall catch any such fish on any days
other than those herein beforementioned, whether the priviledge afore-
said shall have been disi)Osed of to any i)articular person or persons or
not, shall forfeit and pay the sum of five pounds, and costs of suit, to
him or them who shall sue therefor in any court proper to tr}' the
same. \_Passed June 14.

Preamble.
174U-ao, chap.
12.

Alewives rnny
be taken at the
Elittii)g-iuill
with leave of
the owner.

Privilege of
catching may bs
Bold by the
town.

Price lit which
th<- liisli caught
may be sold.

Penalty for
catching tiHli
contrary to tliiN
act.

726

Province Laws. — 1764-65.

[Crav 11.]

CHAPTER 11.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF ONE
HUNDRED AND THIRTY-EIGHT THOUSAND POUNDS, TO BE THENCE
ISSUED FOR DISCHARGING THE PUBLICK DEBTS, AND DRAWING THE
SAME INTO THE TREASURY AGAIN.

Preamble. Whereas it is uocessaiT, ill order to support the faith and credit of

the govenniicnt. that provision be made by the general court for dis-
charging the debts of the present and prece[e]ding years, and also to
enable the treasurer to compleat the payment of the receipts or obliga-
tions by him given in behalf of the province, that will become due this
year and the next, —

Be it enacted by the Governor^ Council and House of Reiwesenta-
tives.
Treasurer em- [Sect. 1.] That the treasurer of the province be and he hereby is

row £i38!ooo.°'^ iin;wn-ercd and directed to borrow, from such person or persons as shall
he willing to lend tlie same, from time to time, as he shall have occasion
for the monc}-, a sum not exceeding one hundred and thirty-eight thou-
sand pounds, in mill'd dollars at six shillings each, or in the several
species of coined silver and gold enumerated in an act made and
])assed in the twenty-third year of his late majesty King George the
Second, intituled "An Act for ascertaining the rates at which coined
silver and gold, English halfpence and farthings, may pass within the
government ; " and the sum so borrowed shall be ai)i)lied in manner as
in this act is hereafter directed ; and for the said sum the treasurer
shall give his receipt or obligation in the form following : —

1749-50, chap.
19.

Form of the
note.

Province of the Massachusetts Bay, the day of , A.D.

Borrowed and received of the sum of , for the use

and service of the province of the Massachusetts Bay ; and, in behalf of said
province, I do hereby promise and oblige myself and successors in the office
of treasurer to repay the said or to liis order, tiie tenth

day of June, A.D. one thousand seven hundred and sixty-six, the aforesaid
sum of , in Spanish mill'd dollars at six shillings

each, or in the several species of coined silver and gold enumerated in an act
made and passed in the twenty-third year of Ids late majesty King tieorge
the Second, intituled " An Act i'or ascertaining the rates at which coined .sil-
ver and gold, English haU'iM'nce and farthings, may pass within the govern-
ment," and according to the rates therein mentioned, with interest, annually,
at six per cent.

Witness my hand, H. G., Treasurer.

A. B., )
C. D., >• Committee.

I'ccnlntion of
Ihc Huiii, and
iiiaiiiu'r of Ihhu-
Unf Uiu nuloa.

1701-62, chap.
2a.

Appropriations.

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

[SixT. 2.] And the treasurer, in issuing said receipts or obligations,
and the committee chosen to countersign them, shall observe and be
governed by the rules and ilirectioiis given them by an act of this prov-
ince, made in the second year of his present majesty's reign, intituled
" Au Act to supply the treasury with the sura of twenty-five thousand
pounds."

^bid be it further enacted,

[.Sect. 3.] That the stim of twenty thousand i)0unds. part of the
aforesaid sum of one hundr(>(l and tiiirty-eight thousand pounds, when
received into the treasury, siiall be issued in the mauiu'r and for llic
purposes following ; that is to say, tlie sura of three thoiis;ind jwumls,
l)arl of the aforesaid sum of twenty thousand pounds, shall be applieil
for the payment of the expences of the several forts and garrisons

[1st Sess.J

Pkovincl: Laws.— 1764-G5.

721

wilhin this province ; and thr iurllu'r sum of Uiico thousand i)ouuds,
l)art of the aforesaitl sum of Iwonty thousand pounds, shall he apijhed
to the purchasing provisions and the commissary's disbursements for
the service of the several forts and garrisons within this province ; and
the further sum of eight thousand pounds, part of the aforesaid sum of
twenty thousand pounds, shall be applied for the payment of the grants
made or to be made by this court; and the further sum of three thou-
sand eight hundred pounds, part of the aforesaid sum of twenty thou-
sand pounds, shall be applied for the discharge of debts owing from
this province to persons that have served and shall serve them, by order
of this court, in such matters and things where there is no estal)lish-
meut nor any certain sum assigned them for that purpose, and for
paper, writing and printing fortius court, and repairs of the province-
house, court-house, lighthouse, wood at Castle William, and repairs of
fortifications within this province ; and the further sum of one thousand
pounds, part of the aforesaid sum of twenty thousand pounds, shall be
applied for the pa3'mcnt of his raajestj's council and the members of
the house of representatives serving in the great and general court
during the several sessions of the present j^ear ; and the further sum
of one thousand pounds, part of the aforesaid sum of twenty thousand
pounds, shall l)e applied lor the payment of the l)ounty upon wheat and
tlour ; and the further sum of two hundred pounds, being the remainder
of the aforesaid sum of twenty thousand pounds, shall be applied to
pay such contingent and unforeseen charges as may arise, and for no
other purpose whatsoever.

And be it farther enacted,

[Sect. 4.] That the treasurer pay the aforesaid sum of twent}'
thousand pounds out of such appropriations as shall be directed by
warrant, and no other : and the secretarj- to whom it belongs to keep
the muster-rolls and accounts of charge, shall lay before the house
of re2)resentatives, when they direct, such muster-rolls and accounts of
charge, after payment thereof.

And be it further enacted^

[Sect. 5.] That the sum of one hundred and eighteen thousand
pounds, being the remainder of the sum ordered to be borrowed bj' this
act, when recei\ed into the trcasur}-, be applied by the treasurer for
the redemption of government securities that will become due the
twentieth dav of June, one thousand seven hundred and sixty-four,
and the twentieth da}- of June, one thousand seven hundred and sixt}'-
five.

And in order to draw said money into the treasury again, and enable
the treasurer effectually to discharge the receipts and obligations (with
the interest that may be due theieon), by him given in pursuance of this
act. —

Be it enacted,

[Sect. 6.] That there be and hereby is granted unto his most
excellent majesty a tax of one hundred and fifty-five thousand pounds,
to be levied on polls, and estates both real and i)ersonal, within this
province, according to such rules, and in such proportions on the several
towns and districts within this province, as shall be agreed on and
ordered by the general court or assembl}' at their sessions in Ma}', one
thousand seven hundred and sixty-five, and to be paid into the pub-
lic[/.] treasury on or itcfore the thirtieth day of March, A.D. one
thousand seven hundred and sixt3'-six.
• And be it further enacted,

[Sect. 7.j That if the general court, at their sessions in May, one
thousand seven Tiundred and sixty-five, and some time before the twen-
tieth day of June in said year, shall not agree and conclude upon an

Treasurer to
pay out of
appropriation
directed by
warrant.

£118,000 for
redemptioaof
goveromcnt
securities.

Tax granted of

£155,000 to be
paid on or be-
fore aOlli of
March, ITGti.

Gcncm\ court to
apportion the
sum in ITCo, or
oiherwiac be

728

Province Laws. — 1764-65.

[Chap. 12.]

paid as In the
preceding tax
act.

Treasurer
empowered to
issue his -war-
rants accord-
ingly.

act apportioning the sums which by this act are engaged to be paid in
said year, apportioned, assessed and levied, then and in such case
each town and district within this province shall paj", bj- a tax to be
levied on the polls, and estates botli real and personal, within their
limits, the same proportion of the said sum as the said towns and dis-
tricts were taxed b}- the general court in the tax act then last preceed-
ing.

[Sect. 8.] And the province treasurer is hereby fully impowered
and directed, some time in the month of Juh', in the same year, one thou-
sand seven hundred and sixty-five, to issue and send forth his warrants,
directed to the assessors or selectmen of each town and district within
this province, requiring them to assess the polls, and estates both real
and personal, within their several towns and districts, for their respec-
tive parts and proportions of the sums before directed and agreed to be
assessed, to be paid into the treasury at or before the aforementioned
time ; and the assessors, as also persons assessed, shall observe, be
governed by, and subject to, all such rules and directions as shall have
been given in the then last preceeding tax act. \^Passed June 15.

CHAPTER 12.

AN ACT IN ADDITION TO AN ACT, INTITLED "AN ACT PROVIDING IN
CASE OF SICKNESS."

Preamble.
1701-02, chap. 9.

Selectmen may
appoint guards.

Their duty.

One justice, in
certain cases, to
grant warrants
to impress.

Penally on pcr-
Hnns impreSHcd
refuHing or neg-
lecting duly.

Penally on
perHiuirt lurwly
ree()Vereil,of
the Hmall-pox
endangering
Others.

Whekeas the laws already made are found to be insufficient to pre-
vent the spreading of the small-pox within this province, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the selectmen of each town and district in this
province, may, at the charge of their respective towns and districts,
appoint suitable persons to guard each house wherein any person shall
be visited with tlie small-pox ; and that the said persons so appointed
be and hcreb}' arc [e][/"]mpowered to restrain and prevent all persons
from going to or coming from such house without licence from tlie
selectmen of the. town or district ; [and*] if need be, one justice of the
peace for the county, at the instance of the major part of the select-
men of the said town, may, by warrant under his hand and seal, directed
to the sheriff of the county, or his deputy, [or c-y*]nstable of the town
or district, cause one or more suitable person or persons, out of such as
are by law liable to watch and ward, to lie impressed for that service,
and appoint the wages they shall [rece*]ive therefor from the town;
and all persons impressed for the service aforesaid shall attend the
service faithfully, until [/] they shall be dismissed by the said justice
or the selectmen ; and every person thus [(/7);)*]ointed that shall refuse,
or l)e negligent or iiiilMithiiil in the execution of the trust reposed in
liiin, shall Ibrfeit and i)ay for every such oll'ence the sum often pounds.

jliifl he H fnrllicr enacted,

[Sect. 2.] That every person now visited, or that may be hereafter
visited, with the smnll-pox, Ity inoculation or otherwise, who shall re-
move from the hospital, or house [«7/r?-*]eiii he has or shall have his
abode whilst under that distemper, into any town or district where the
sin:ill-i)OX shall not generally prevail, and shall pass from place to
place in the same town [o?- f/*]istriet, or shall go near unto or join
themselves in company with others who maybe put in fear or danger
thereby, before such person shall have been thoroughly cleansed and

* Parchment mutilated.

[1st Sess.] Province Laws. — 1764-65.

729

freed from [/»/*Jection, ami before he or she shall have obtained a cer-
titicate, in writing, under the hand of the physician who shall have
attended snc-h person in tlie time of his or her sickness, setting forth
that [sfu/i*] person is so cleansed and freed from infection as not to
endanger others, shall, for every such offence, be subject to a fine of
fifl}' pounds; and whosoever shall wil[/]full3-, wantonly or carelessly
[co?u*]municate or convey the small-pox to anj' other person, shall for-
feit and pay a fine of fifty pounds, together with all costs and charges
[accruing] [(<n>('/((/] thereby'.

And be it further enacted,

[Sect, o.] That every person, not being an inhabitant of or resi-
dent in the town of Boston, who shall be inoculated for the small-pox
within the said town, or, having [^been inocida*^tcd elsewhere, shall
remove into that town, there to abide during his continuing sick of that
distemper, without leave first obtained from the selectmen thereof,
shall forfeit [^cind pay the suni*^ of one hundred pounds, and be further
liable to be removed, by warrant from any justice of the peace, to the
pest-house in said town, or to that at I\ainsfbrd['s] Island (according
as [sMc/i warrant s//*]all direct), at the charge of the offender: and
"whosoever shall presume to inoculate with the small-pox any person
coming into said town from elsewhere (not being -an \^inhabitant or
[re*]sident thereof as aforesaid) without leave first obtained as afore-
said, shall forfeit and pay the sum of one hundred pounds.

[^And be «7*] further enacted,

[Sect. 4.] That no house be erected or used as an inoculating-hos-
pital without the consent of the town or district where such house ma}'
be, first obtained therefor ; and [ever?/ house that 7n,*]ay be used for
such purpose, without libert}' obtained as aforesaid, shall be deemed a
common nuisance ; and every person who shall presume to inoculate
with the small-pox in an}- \Jiospital not licensed as*] aforesaid, or to
attend an}" inoculated person therein, shall forfeit and pay the sum of
one hundred pounds.

\_Provided, n e I'er*'] th eJesft, —

[Sect. 5.] That if the place intended for an inoculating-hospital
shall be within half a mile of any dwelling-house being in another town
or district, then the consent of such \_adJoining totvn*^ or district shall
be had before such inoculating-hospital shall be erected or used.

\^And be*^ it further enacted,

[Sect. 6.] That every physician and nurse employed in attending
on the sick in any house or hospital for the small-pox, shall give his and
their constant [^rdtendanc*']e thereat, least, by his or their passing from
place to place, such as have not had that distemper may be put in dan-
ger of taking the same.

[^Pro*']vided, nevertheless, —

[Sect. 7.] That nothing in this act shall be construed so as to pre-
vent or hinder i)crsons from being inoculated at Point Shirley, during
the time already allowed by the [tov:n o/*] Chelsea for that purpose ;
the said hospital to be, nevertheless, subject to the regulations heroin
provided.

[Sect. 8.] [^*]11 fines and forfeitures that may arise by the breach
of this act shall be applied, the one half to the informer, the other half
for the support of the poor in such town where the [o^*]ence shall be
committed, and may be recovered by action, bill, plaint or information
in any of his majesty's courts of record within this province.

[Si;cT. 9.] This act to continue in force for the space of three years
from the fifteenth of June, instant. [Pas.sed June 15.

PerBons not
inhabitants of
IJoston, not to
be inoculated
tlicre witlioul
license.

Penalty.

Penalty on
pbysicians so
inoculating.

Inoculatlog-
boepitals not
to be erected
without leave of
the town.

Penalty.

Proviso with
rogard to utigh
boring towns.

Physicians and
nurses to give
constant attond-
ancc at bobpi-
tals.

Proviso respect-
ing Point
Shirley.

Fines and for-
feitures applied,
and how to be
recovered.

Continuance.

* Parchment mutilated.

730

PiiOVLNCB Laws.— 1764-65. [Chap. 13.]

ACTS

Passed at the Session begun and held at Boston,
ON the Eighteenth day of October, A.D. 1764.

CHAPTER 13.

AN ACT FOR ERECTING THE PLANTATION CALLED GORHAMTOWN
INTO A TOWN BY THE NAME OF GORHAM.

Preamble.

Bounds of the
town of Qor-
bam.

TrovlBO.

Town-mccling
to be wm-ned.

Whereas it has been represented to this court that the erecting the
plantation called Gorhamtown, in the count}' of Cumberland, into a
town, will greatly contribute to the growth thereof, and remed}' manj'
inconveniences to which the inhabitants and proprietors ma}- be other-
wise subject, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the plantation commonl}- called and known by the
name of Gorhamtown, in the count}- of Cumberland, bounded as fol-
lows ; viz., beginning at a marked tree, on the westerly side of Vo-
sumi)scot River, in a course south-west, twenty-three degrees, from
the hemlock-tree on the other side of the said river, which is fifteen
poles below Inkhorn Brook ; and thence, running south, twenty-three
degrees west, on the head of Falmouth, two miles and two hundred and
twenty-six poles, to a spruce-tree, marked, standiug about two poles
westward of an old mast-path, — being the corner bounds of Scarborough,
Falmouth and said Gorhamtown ; tlience, runnhig, on the head of Scar-
borough, nine hundred and fifteen poles, to a large hemlock-tree, marked
"N. G." ; thence, running north; thirty-three degrees west, seven miles
and one-quarter of a mile, by Nai'ragansett Numb. One, to a firr-tree,
marked ; and from thence, running north-cast, seven miles and two hun-
dred p(jles, to said Pesumpscot River, to a large hemlock-tree, about two
rods from the said river, marked '" G. P." ; and bounded, north-easterly,
by said river, — be and hereby is erected into a town l)y the name of
Gorham : and that the inhaltilants thereof be and hereby are invested
with all the powers, priviledges and immunities which the inhabitants of
the towns within this province do or may enjoy.

Provided, —

[Sect. 2.] That n(;ne of the inhal)itants or proi)rietors of said town
])e held, by vertue of this act of incorporation, to pay any part of the
ministerial charges heretofore arisen in said plantation, which they were
not obligeil, i)y their own contract, to pay previous to such incorpora-
tion.

And be it further enacted,

[Sect. 3.] That Stephen Longfellow, Esq., be and hereby is im-
jMjwered to issue his warrant, directed to some principal inlial)itant in
said town, requiring him to warn the inlialtitants of the said town, qual-
ilied to vote in t(nvn all'airs, to meet at such time and i)lace as shall be
therein set forth, to chuse all such ollicers as are or shall be re(|uired
by law to manage the affairs of the said town. [/"asaetZ October 'M.

[2d Sess.]

PROVINCE Laws.— 1704-65.

731

CHAPTEK 14.

AN ACT FOR FURTHER CONTINUING AN ACT, INTITLED "AN ACT FOR
THE SECURING THE GROWTH AND INCREASE OF A CERTAIN PAR-
CEL OF WOOD AND TIMBER IN THE TOWNSHIPS OF IPSWICH AND
WENHAM, IN THE COUNTY OF ESSEX."

AViiEUEAS an act intitlod '• An Act for the securing the growth and Preamble,
increase of a certain parcel of wood and timber, in the townships of ^J^*-^^' <:i'"P-
Ipswich and Wenham, in the county of Essex," is near expiring ; which
hatli been found useful and beneficial to the persons concerned, and
they having desired that the same may be further continued, —

Be it therefore enacted by the Governor, Council and House of
Bepresentatives,

That the aforementioned act, which is near expiring, with all and Act continued.
ever3' article, clause, matter and thing therein contained, be and hereby
is further continued, and shall be in full force for the space often years lamitaUon.
from the thirteenth day of January, one thousand seven hundred and
sixty-five, and no longer. [^Passed November 2.

CHAPTEK 15.

[^.V»] ACT FOR ERECTING A TOWN IN THE COUNTY OF LINCOLN, BY
THE NAME OF BOOTHBAY.

"Whereas the inhabitants of land lying between Sheepscot and Preamble.
Damariscotta River, within [^the count*^y of Lincoln, known by the
name of Townsend, have petitioned this court, that, for the reasons
mentioned, th[e// viaij 6e*] incorporated into a town, and vested with
the powers and authorities belonging to other towns ; for the encour-
agement of said settlement, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] Th[a^ the*'\ said tract of land, described and bounded as Bounds of the
follows ; viz^''., beginning at the' most northerl}- part of a baj- [caUed*'\ i^<^^^n of Booth-
the Oven's Mouth, and from thence, to run an east-south-east course,
to Damariscotta River; thence, souther[?^*], down said river, to the sea
or Western Ocean ; then, to run westerly, on the sea coast, as the coast
lies, to the mou[^/i o/*] Sheepscot River; then, to run northerly, up
Sheepscot River, between Jeremy-Squam Island and Barter's Island, to
the cross river at the head of [lhe*'\ said Barter's Island ; and from
thence, over the water, to the most northerly \_p(irt*'] of the Oven's
Mouth aforesaid, with all the islands in Damariscotta River below, or
to the soutliward of. the fi[As<*] descrilied line, and also all the islands
lying witliin six miles from the mainland, to the south, between the
[r(/)j/y'*] mentioned rivers of Sheep^scot and Damariscotta, be and hereby
is erected into a town by the name of Boo[///6a'/*] ; and the inhal)itants
thereof shall have and enjoy all such innnunities and priviledges as
other towns in this pro[iv/(oe*] have, and do by law enjo}'.

And he it farther enacted,

[Sect. 2.] That Samuel Derlnv, Esq''^, he and herel»y is iuipo\\-

ered to iss[((«*] his warrant to some princi|)al inhaldtant of the said

town of Buothbay, retjuiring him, in his majesty's x\[funf*'\. to warn

and notify the said inhabitants, qualified to vote in town affairs, to

• Parchment mutilated.

Town-meeting
to bo warned.

732 PiiOVi^CE Laws.— 17G4-6o. [Chap. 15.]

meet together at such time and place, in said town, as shall be ap-
pointed in said warrant, to chuse such ofiicers as the law directs, and
ma}- be necessary- to manage the affairs of said town ; and the inhabit-
ants, so met, shall be and are hereby impowered to chuse such officers
accordingly. [^Fussed November 3.

[3d Sess.]

Province Laws. — 1764-65.

733

ACTS

Passed at the Session begun and held at Boston,
ON the Ninth day of January, A.D. 1765.

CHAPTER 16.

AN ACT FOR ALTERING THE TIME FOR HOLDING THE SUPERIOR
COURT OF JUDICATURE, COURT OF ASSIZE AND GENERAL GOAL
DELIVERY AT CHARLESTOWN, IN THE COUNTY OF MIDDLESEX, THIS
PRESENT YEAR.

Be it enacted bfj the Governor^ Council and House of Representa-
tives,

[Skct. 1.] That the superior court of judicature, court of assize and
general goal deliver}- shall not be holdcn at Charlestown, for the count}'
of Middlesex, on the last Tuesday of January, this present year ; but a
superior court of judicature, court of assize and general goal delivery
shall be holden at said Charlesstown, for the said county, on the third
Tuesday of April in the same year.

And be it further enacted,

[Sect. 2.] That all appeals, writs of review, executions, and all
recognizances, warrants, jirocesses, matters or things whatsoever, re-
turnable to, or which might have been proceeded on, adjudged and
determined at, the said court, on the said last Tuesday in January,
shall be, in lilce manner, returnable to, and may, in like manner, be
proceeded on. adjudged and determined at. the said court to be holden
on the third Tuesday in April, any law, usage or custom to the con-
trary notwithstanding. [^Passed January 12, 1765.

Superior court
to be lulil at
Charlestown, on
the third Tui-s-
day in April,
1765.

Appeals, &c.,
made returnable
to third Tuesday
In April, 1765.

CHAPTER 17.

AN ACT FOR DETERMINING THE TIMES FOR HOLDING THE SUPERIOR
COURTS OF JUDICATURE, COURT OF ASSIZE AND GENERAL GOAL
DELIVERY IN THE SEVERAL COUNTIES WITHIN TILE PROVINCE.

Whereas, from a change of circumstances in divers counties within Preamble,
the province, and for other sufficient reasons, it is judged necessary
that there should l)e an alteration in tlic times of holding the superior
court of judicature, court of assize and general goal delivery in such
counties; and it is also judged convenient in one act or law to settle
and determine the time for holding the said courts, in all the counties
of the province ; therefore. —

Be it enacted by the Governor, Council and House of Representa-
tives,—

[Sect. 1.] That the times and places for holding and keeping the The times fued
superior court of judicature*, court of assize and general goal delivery, iuperiorcouru,
shall, for the future, be as foUowelh ; that is to say, —

734

Province Laws. — 1764-65.

[Chap. 18.]

&c., for the
future.

Appeals, writs
of review, &c.,
declareil to be
returnable
acoordingly.

"Within and for the county of Suffolk, at Boston, on the second
Tuesday in ]March, and the last Tuesday- in August :

Within and for the county of Essex, at Salem, on the first Tuesday
in November ; and at Ipswich, on the third Tuesday in June :

Within and for the county of Middlesex, at Cambridge, on the last
Tuesda}- in October ; and at Charlestown, on the second Tuesda}' in
April :

Within the county of Hampshire, and for the counties of Hampshire
and Berkshire, at Springfield, on the fourth Tuesday in September:

Within and for the county of Worcester, at Worcester, on the third
Tuesdaj^ in Se[)tember :

Within and for the county of Plymouth, at Pl3-mouth, on the third
Tuesday in Ma}" :

Within the count}- of Barnstable, and for the counties of Barnstable
and Dukes Count}-, at Barnstable, on the Wednesday preceding the
third Tuesda}- in May :

Within and for the county of Bristol, at Taunton, on the second
Tuesday in October :

Within and for the county of York, at York, on the Tuesday next
after the fourth Tuesday of June :

Within the county of CumV)erland, and for the counties of Lincoln
and Cumberland, at Falmouth, on the fourth Tuesday of June :
— any former law, usage, or custom to the contrary notwithstanding.

And be it further enacted^

[Sect. 2.] That all appeals, writs of review, executions, and all
recognizances, warrants, processes, matters or things whatsoever, re-
turnable to, or wdiich might have been proceeded on, adjudged and de-
termined at, any court, the time for holding which is altered by this act,
shall be, in like manner, returnable to, and may, in like manner, be pro-
ceeded on, adjudged and determined at, the court, in the same county,
to be holden next after, by virtue of this act. \_Passed February
12, 1765.

CHAPTER 18.

Preamble.

AN ACT FOR INCORPORATING THE SOUTHERLY PART OF RUTLAND
AND THE NORTHERLY PART OF LEICESTER, IN THE COUNTY OF
[OF] WORCESTER, INTO A DISTRICT BY THE NAME OF PAXTON.

Whereas it has been represented to this court, hy a number of the
inhabitants of the soutlierly part of Rutland and the northerly part of
Leicester, in the county of Worcester, that they labour under great dif-
ficuUies by reason of their distance from the place of publji-k worship,
in their respective towns, praying to be erected into a seperate dis-
trict,—

Be it therefore enacted by the Governor, Council and House of
Rppresentatives,

fSECT. 1.1 Tliat the northerly i)art of Leicester and the southerly
Into adiHtrictby part of Kutlaiid, as licrcalter desi'rilied ; viz'''., beginning at the nortli-
c.riain bounds. ^,,^^^ eoriicr of Leicester, and, from tlience, rim[»]ing, southerly, on
Holden line, as, Ity a right angle, to be two miles south of Leicester
north line ; then, turning and ruii[»]ing, westerly, parallel with Leicester
north bounds, until it comes to Sin-ncer line ; then, turning and run-
[»]ing, north, on Spencer line, to the north-west corner of Leicester;
and, from thence, run[»]ing into Kutland, the same point, as far north
as the southerly line of Uriali Newton's farm ; from thence, turning and
run[/(]ing, easterly, on lh(> southerly lines of the farms belonging to

[3n Sess.]

Province Laws. — 17G4-C5.

T:];')

Uriali Xewton, Jamos Blair, David Bent, Ebenczcr Frost — and David
Brown's J'arni which he purcliased of Elii)lialet IIow, — until it comes to
Iloklen line; then, rnn[/*]iny. southerly, on said Ilolden line, to the
corner first mentioned ; also such other lands as lie between the several
farms aforesaid (provided the}- do not extend so far north as the north-
erly line of the said farms) , be and herel>v arc incorporated into a seperate
district by the name of Paxton ; and that the inhabitants thereof be
vested with all the powers, privile[d]L!;es and immunities which the in-
hal)itants of any town within this province do or b}- law ought to enjo}',
excepting onh' the privile[d]ge of sending a representative to the gen-
eral assembl}' : and that the inhabitants of said district shall have
liberty, from time to time, to join with the town of Leicester and district
of Spencer in the choice of a representative or representatives ; which
representatives may be chosen indifferently from said town or districts, —
the pav or allowance of such representatives to be borne b\' the said
town and districts according to their respective proportions of the prov-
ince tax ; and that the town of Leicester, as often as they shall call a
meeting for the choice of representatives, shall, from time to time, give
seasonable notice to the clerk of said district of Paxton, for the time
being, of the time and place for holding said meeting, to the end that
the said district ma3'join therein; and the clerk of said district shall
set up, in some publick place in said district, a notification thereof,
accordingly.

Provided, nevertheless, —

And be it further enacted,

[Sect. 2.] That the said district shall pay their proportion of all
such province, county and town taxes, alread}- granted to be raised in
the towns of Rutland and Leicester, respectively ; and shall also pay their
proportionable part of sui)porting the poor of the towns of RutUind and
Leicester that are at this time relieved b}- said towns, and paj- such
proportion, 3-early, into the hands of the town treasurers of said Rutland
and Leicester, respectivel}- : provided that the said district of Paxton
shall not be liable to maintain any persons within the same who have
been Icgalh* warned out of either of the towns of Leicester or Rutland ;
but, by virtue of said warning, shall have the same privile[d]ge of re-
moving such i)ersons as cither of the towns of Rutlaml or Leicester
could have in case they had remained therein.

And be it further enacted,

[Sect. 3.] That the inhabitants of Rutland now included in said
district, shall be and hereby- are debarred from an}- claim or demand,
whatever, on the said town of Rutland, for any monev they have paid
towards building and finishing the meeting-house in the said town, any
vote of the town of Rutland to the contrary notwithstanding; except-
ing that such of the inhabitants of Rutland as are now included in said
district, and are owners of pe\<-s in said meeting-house, the said town
of Rutland shall reimburse them what the}' paid for said pews ; and
thereupon the said pews shall belong to the said town of Rutland, to be
disposed of as they shall see meet.

And be it further enacted,

[Sect. 4.] That John Murra}-, Esq^'^, be and hereby is irapowered
to issue his warrant, directed to some principal inhabitant in said dis-
trict, requiring him to warn all the inhal>itants in said district, qualified
to vote in town affairs, to meet at such time and place within said dis-
trict as he shall think proper, to chnsc all such ofBcers as towns, b}-
law, are intit[K]led to chuse. \_Passed February 12,* 17G5.

• Signed March 9, according to the record.

To join with
Leicester and
Spencer In
cuoosing repre-
sentatives.

Proviso respect-
ing taxes.

Proviso respect-
ing persons wlio
have been
warneil out of
Ix'iccster or
Hutland.

Provision re-
spectini; tlie
cliurire of build-
ing iUitlanJ
meeting-house.

The first meeU
Ing, liow tu bo
noli tied.

736

Peovince Laws. — 1764-65.

[Chap. 19.]

CHAPTEE 19.

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT FOR ENABLING
THE PROPRIETORS OF THE LANDS IN THE TOWN OF BERNARDSTON
TO RAISE MONIES TO PAY THE DEBTS DUE FROM THEM."

Preamble.
17G4-65, chap. 8.

Committee to
call to account
former collect-
ors of taxes and
treasurers ;

— and to com-
plete the collec-
tions.

I761-G2, chap.
16.

Preamble.

Lands to be
taxed though
nut laid out.

Whereas, in pursuance of an act intitled "An Act for enabling the
proprietors of the lands in the town of Bernardston to raise monies to
pa}" the debts due from them," a meeting of said proprietors was held
on the twenty-sixth of September last — which said meeting stands ad-
journed to the twentieth daj" of Februar}', this present year, — and the
said proprietors were inipowered, at their meeting, to pass such votes
as might appear necessary for the granting, raising, assessing, levy-
ing and collecting such sums as they are indebted, together with such
further sums as they might think i)roper for defreying the expences
which are mentioned in the said act ; but no provision is made in the
said act to enable the said proprietors to call to an account their col-
lectors and treasurers ; and it appears that several taxes have been
granted, assessed and committed to the collectors to collect, which
have been only partiallv collected, and considerable suras of money
l)aid in to their treasurers, which haA'e not been accounted for. —

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

[Sect. 1.] That the said proprietors, at the time to which their
meeting stands adjourned ; to wit, on the twentieth day of Fcbruar}',
this present 3'ear, — or at any after adjournment of the said meeting, be
and hereby are fully authorized and impowered to choose a committee
to call to an account all former collectors and treasurers of the said pro-
prietors, or their heirs, respectively, in the same manner as the said
proprietors might have done, by law, before they were incorporated into
a town ; and the same committee is further impowered to comi)leat the
collections of all former taxes, and to proceed in such manner as is
provided in an act intitled "An Act to subject the unimproved lands
within tliis province, to be sold for the payment of taxes," made in the
second year of his present majest^-'s reign.

And whereas, b}- a resolve of the general court heretofore made, the
proprietors were directed to raise their taxes upon their lands that were
to be laid out in two draughts, which were to be laid out in pitches ;
some of which are laid out, others the particular proprietors neglect to
la}' out, and b}- that means they will escape paying the proportion of
taxes, unless provision be made therefor b}' this court, —

Be it therefore farther enacted,

[Sect. 2.] That in all future taxes raised on said proprietors, the
assessors shall, from time to time, tax Ihe proprietors' lands, in said
division or draughts, not laid out, in the same maimer as those already
laid out; and tlie method of collecting the taxes on said drauglits, in
case the owners fail of duly paying their taxes, shall be the same as
by law provided in otlier cases, except such wherein the wliole draught
shall be sold for payment of any tax ; in whic-h case tiie overi)lus of the
sale, if any be, after the lax and all reasonal>le charges are deducted,
siiall, within three months from the sale, upon demand thereof, be re-
iinluirsed by the assessors to the owner of the draught so sold. \_l\(ssed
February 14, 17G5.

[3d Sess.]

Pkovince Laws. — 17G4-65.

737

CHAPTER 20.

AN ACT DETERMINING AT WHAT TIMES AND PLACES THE SEVERAL
INFERIOR COURTS OF COMMON PLEAS AND COURTS OF GENERAL
SESSIONS OF THE PEACE SHALL BE HELD, WITHIN AND FOR THE
SEVERAL COUNTIES OF THE PROVINCE, FOR THE FUTURE.

Whereas, by reason of the alteration made in the times of holding preamble,
the superior court of jnditatiiro, court of assize and general goal
delivery, in divers counties of the province, it is necessar}- there should
be an alteration of the times of holding the inferior court of common
pleas, and court of general sessions of the peace, in several of the said
counties, and it is convenient that the times and places for holding all
and ever}' of the said courts shall be ascertained and appear in one
act, —

Be it therefore enacted hy the Governor, Council and Hoxise of
Representatives,

[Sect. 1.] That the times and places for holding the inferior courts tho times fixed
of common pleas and courts of general sessions of the peace, within for iipiding the

inftTior courts

and for the several counties in the province, shall henceforth yearly ami couria of '
and every ^-ear be as follows ; and all former acts of this government, gevera" countless,
determining the times and places for holding such courts, are hereby
repealed and made void.

And the said courts shall be held within and for the county of Suf-
follc. at Boston, on the first Tuesday of January, the third Tuesda}- in
Apiil, the second Tuesday in July and the first Tuesday in October :

Within and for the county of Essex, at Salem, the second Tuesda}-
in July and last Tuesda}' in December; at Ipswich, the last Tuesday
in March ; and at Newburvport. the last Tuesday in September :

"Within and for the count}' of Middlesex, at Cambridge, the third
Tuesday in Maj- ; at Charlestown. the first Tuesday in March and last
Tuesday in November; and at Concord, the second Tuesda}- in Sep-
tember :

Within and for the county of Hampshire, at Springfield, the third
Tuesday in May and the last Tuesday in August ; at Northampton,
the second Tuesday in February and the second Tuesday in November :

Within and for the county of Worcester, at "Worcester, the first Tues-
day in January, the second Tuesday in May, the third Tuesday in
August and the first Tuesday in November :

Within and for the county of Plymouth, at Plymouth, the second
Tuesday in April, the first Tuesday in July, the first Tuesday in Octo-
ber and the second Tuesday in December :

Within and for the county of Barnstable, at Barnstable, the first
Tuesday in April, the last Tuesday in June, the last Tuesday in Sep-
teml)er and the first Tuesday in December:

Within and for the county of Bristol, at Taunton, the third Tuesday
in February, the first Tuesday in May, the third Tuesday in August
and the third Tuesday in November :

Within and for the county of York, at York, the first Tuesday in
January, the second Tuesday in April, and the second Tuesday in July ;
and at Biddeford the second Tuesday in October:

"Within and for the county of Cumberland, at Falmouth, the third
Tuesday in April and third Tuesday in October :

"Within and for the county of Lincoln, at Pownallborough, the first
Tuesday in June and last Tuesday in September:

Within and for Duke's County, at Edgartown, the first Tuesday in
^larch ; and at Tisbury, the last Tuesday in October :

738

Province Laws. — 1764-65.

[Chap. 21.]

Writs and other
in at tors de-
clared to be
returnable
accordingly.

Sailing, for
Charlestown
court the
present year.

"Within and for the county of Nantucket, at Sherburne, the last Tues-
da}- in March and tirst Tuesday in October :

Within and for the county of Berks, at Great Barringtou, the last
Tuesdaj- in April and first Tuesday in Sei)tember ; at Pittsfield, the
first Tuesda}' in March and first Tuesday in December :

And he it further enacted,

[Sect. 2.] That all original writs, summons, warrants, recogni-
zances, executions, processes, matters or things of what kind soever,
returnable to, or which might have been adjudged, determined or acted
upon at, any court the time for holding of which is altered hj this act,
shall be in like manner returnable to, adjudged, determined and acted
upon at, the court in the same county to be holden next after by virtue
of this act.

Provided, always, —

And it is accordingly to be understood,

[Sect. 3.] That the inferior court of common pleas and court of
general sessions of the peace, for the county of Middlesex, shall be
held at Charlestown, on the second Tuesday' of March, this present
year, instead of the first Tuesdaj^ of the said March, anything in this
act to the contrary notwithstanding. \^Passed February 19, 1765.

CHAPTEK 21.

AN ACT FOR ERECTING A TOWN IN THE COUNTY OF WORCESTER, BY
THE NAME OF ROYALSTON.

Preamble.

I^oyalston made
a town, by cer-
tain bounds.

Whereas the proprietors of the land lying north of Athol, within
the count}' of Worcester, known b}' the name of Royalshire, have
petitioned this court that, for the reasons mentioned, said land may be
incorporated into a town, and vested with the powers and authority
belonging to other towns ; for the encouragement of said settlement, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[SEcr. 1.] That said tract of land, bounded and described as fol-
lows; viz., beginning at a pillar of stones on the province line, the
noith-west corner, and from tlience, running, south, by the east line of
"Warwick, five mile and two hundred and ninety-three rods, to a pillar
of stones, the south-west corner; and from thence, running, east, with
the north line of Athol, five miles and two hundred and sixly-five rods,
to a red-oak and heap of stones, the north-east coi-ner of Athol ; and
from tiience, soutli, by the east line of Athol, one mile and one hundred
and ninety rods, to a stake and stones, a corner of Tenipleton ; and
from thence, east, three degrees south, one mile and eighty-six rods. In-
said Templeton, to the south-west corner; and fiom thence, north,
twelve degrees cast, five miles and eighty rods, on the west line of
Winchendon, to a heap of stones, the north-west corner of said Wiii-
chondon ; and thence, east, twelve degrees south, six miles and sixty
rods, by the north line of said Winchendon, to the north-east corner
thereof; and from Ihence, north, twelve degrees east, by the west line
of Dorchestei-C'anada, two liundred and ninely-five rods, lo the prov-
ince north-bounds; and from thence, by the province line, fourleen
miles and two hundred and eighty-five rods, to the corner first men-
tioned,— be and hereby is erected into a town by the name of Koy-
alston ; and the inhaiiitauts thereof shall have and enjoy all such
imnuinities and privileges as other towns in this piovince h:!ve and do
by law enjoy.

[3d Sess.]

Province LA^VB. — 1764-65.

739

And be it further enacted,

[Sect. 2.] That Joshua Wilhud, Esq., be and hereby is impowered First meeting,
to issue his waiTunt to some prineipal inhabitant of said town of Ro}'- noUflwi!"'
alston, requiring him, in his majesty's name, to warn and notif}' the said
inhabitants, qualified to vote in town affairs, to meet together at such
time and place in said town as shall be appointed in said warrant, to
choose such officers as the law directs, and may be necessar}' to manage
the affairs of said town ; and the inhabitants so met shall be and arc
hereby impowered to choose officers accordingly.

And be it further enacted.,

[Sect 3.] That all those persons that have already .agreed for to
settle in said township, and have given bonds to perform the same,
shall be accounted as part and parcel of said inhabitants, and be
allowed to vote in their town-meetings, in all town affairs, as fully as
those who actualU' live upon their settlements in said town, and shall
be accordingly taxed for the purposes aforesaid. \_Passed February
19, 1765.

Persons who
have iisroc'il to
sitlk', ID be
lu'i^oiintfd In-
liabitunls.

CHAPTEK 22.

AN ACT FOR INCORPORATING A NEW PLANTATION IN THE COUNTY
OF WORCESTER, CALLED AND KNOWN BY THE [NAME*] OF DOR-
CHESTER-CANADA, INTO A TOWN BY THE NAME OF ASHBURNIIAM.

Whereas the inhabitants of the plantation called and known by the Preamble,
name of Dorchester-Canada [labour und*~\cv many difficulties and iu-
convenienc[i]es by reason of their not being incorporated; therefore,
for the remov[e]al [thereof*']^ —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the i)lanta[</on co?H7?i*]only known by the name Ashbnmham
of Dorchester-Canada, according to the bounds of the original grant ^ruliii bounul?
thereof, made by [the (7en*]eral court the first day of June, 1736, be-
ing as follows; viz^'^, a tract of land of six miles square, bounding,
[.soM<*]herly. on the Narragansct[t] township, xso. 2; westerly, on a
township laid out lor Tilti.uf and others : northerly, on a township laid
out for Ipswich ; and easterly, part on Townsend and part on Lunen-
bourg ; it begins at a hemlock, the north-easterly corner of the said
2sarraganset[t] town, and runs, west, eighteen degrees south, seven
miles, wanting twenty rods ; from thence, north, twelve degrees east,
eight miles and two hunched rods; and from thence, east, twelve de-
grees sou[//t*], seven miles .and one hundred perch; from thence,
southerly, by said Townsend line, one thousand one hundred and
tw[e?if?/*] rods ; and, by Lunenbourg line, six hundred and twenty rods,
to where it first began : and the inhabitants of the sa[7?je*] plantation,
together with all the lands and farms included within the same bounda-
ries, be and herein' are incorporated into a town by the name of Ash-
burnham ; and that the same town be and hereby is vested with all the
powers, privile[d]ges and innnunities that any other of the towns in
this province do or may by law exercise and eiijo[//*].

And whereas it is agreed, between the inhabitants of the plantation Preamble,
aforesaid and the proprietors of the common and undivided lands
there, that a tax of three halfpence an acre be laid upon all the lands
within the same (exce[)ting Cambridge farm, the lands allotted and
reserved for the ministry, the first minister there, and the school) for
the space of three years from the five-and-twentieth day of .lanuary,
• Parchment mutilated. t " Tikstone," iu tlic records.

740

Peovince LA.WS. — 1764-65.

[Chap. 23.]

A tax of three
halfpence an
acre, cstab-
hshed.

The first meet-
ing, how to be
notified.

[^Anno Domini'] one tliousancl seven hundred and sixt^'-four, sixty
pounds whereof to be annually applied to and for the paj-ment of the
minister's salar}-, there, and the residue toward finishing the public
meeting-house tliere ; and for repairing the public road through the said
plantation, from and after the aforesaid twenty-fifth day of January, —

Be it therefore enacted^

[Sect. 2.] That there be and hereb3' is gi-anted a tax of three half-
pence an acre, to be annuall_y levied and assessed upon all the lands in
the aforesaid township, excepting the lands and farm before excepted,
for the term aforesaid, for the uses and purposes aforesaid ; and that
the proiDiietors aforesaid be thenceforward discharged and free from all
further and other taxes and expences on account of those articles, and
eveiy of them, unless hy order of this court.

And be it farther enacted^

[Sect. 3.] That Joseph Wilder, Esq'^'"^., be and he hereby is ira-
powered to issue his warrant to some one of the principal inhabitants
of the aforesaid new town, requiring him to warn the inhabitants
thereof to assemble at the aforesaid meeting-house, some time in the
month of March next, to chuse all town officers b}- law required for
carrying on and manag[e]ing the affairs of the said town, and to
assess, levy and collect the tax aforesaid. [^Passed February 22, 1765.

CHAPTEE 23.

Preamble.

The town of
West lie I a to bo
assisted by the
comity of
Hampshire in
building and
repairinft their
great bridge.

AN ACT FOR REBUILDING THE GREAT BRIDGE OVER THE GREAT
RIVER, IN THE TOWN OF WESTFIELD IN THE COUNTY OF HAMP-
SHIRE, AND MAINTAINING THE SAME.

Whereas the great bridge, built b}' the town of Westfleld, in the
count}' of Hampshire, over the great river there, a little below the mills
commonl}' called Weller's Mills, has, b}- the violence of the stream,
lately been earned away and desti"03'ed ; and it appearing tliat a Ijridge
there, is necessary, not only for the inhabitants of the said town of
AVcstfield, but also for the other towns in the said count}- of Hamp-
shire ; and whereas the charge of rebuilding and maintaining the said
bridge would be too great a burthen on the inhabitants of the said town
of Westfield, considering how many other bridges they arc obliged to
build and maintain in the said town, —

Be it enacted by the Governor^ Council and House of Representa-
tives^

That when and so often as the said town of Westfield shall make ap-
plication to the court of general sessions of the peace, in and for the said
county of Ilampshii'c, for assistance to enable them to build and main-
tain a cart-bridge, of sixteen feet wide, across the great river, in said
town, at or near the place whei-e the last bridge stood, below tlie mills
commonly called by the name of Weller's IVliils, the court of general
sessions of the peace aforesaid be and heivby are iuvjioweivd and au-
thorized to tax the inhabitants of the several towns and distiicts in the
county aforesaid, or so many of them as they shall think reasonable,
in such sum or sums as the said court shall agree upon from time to
time, and to be added to each town's proi)orlion of the county tax, and
to be paiil into and drawn out of the county treasuiy for the uses and
purposes aforesaid. \_Passed February 27, 1765.

[Sd Sess.]

riioviKCE Laws. — 170-4-65.

741

CHAPTER 24.

AN ACT TO PREVENT THE DESTRUCTION OF SALMON AND OTHER
FISH IN MERRIMACK RIVER, WITHIN THIS PROVINCE.

"Whereas the salmon and other fish taken in IMorrimack River, within
this province, have been of great service to the inhabitants, and still
will be so if due care is faken to prevent the unnecessary destruction
thereof; and tchereas, by the constant fishing with seines, nets and pots,
and by erecting weares and other incunil)rances. there, to prevent the
passage and facihtate the taking of the fish, they are greatly diminished,
and tiiere is danger of their being wholly destroyed ; therefore, —

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

[Sect. 1.] That no person or persons, whatsoever, be allowed, from
and after the fifleenth. dav of March next, and so during the con-
tinuance of this act, to catch salmon, or other fish of any kind, witli
sienes, nets, pots, or in any other wa\-, in any part of Merrimack llivcr,
within this province, or in any of the rivers and streams running into
Merrimack River, oftncr than three da3"s in the week, — the daj-s to be
Tuesda}-, Wcdnesda}- and Thursda}- in evcr}^ week ; and if an}- person
or persons shall presume to catch fish there at any other times than
hereby is allowed, ever}' person or persons so offending shall, for each
offence, forfeit and pay the sum of fort}' shillings ; and the same net or
pot nsed in such fishing shall be forfeited.

And he it further enacted,

[Sect. 2.] That all weares, fences and other incumbrances now
erected, or that hereafter shall be erected, in anv part of INIerrimack
River, within this province, for the stopping the course of the fish, or to
facilitate the taking of the fish b}- seines, nets, jwts or otherwise, be
deemed common nuisances, and as such shall be pulled down and demol-
ished ; and all persons that hereafter shall erect an}' such weares, fences
or other incumbrances, or that shall continue such alread}' erected, on
due conviction thereof, shall forfeit and pa}- the sum of three pounds.

And whereas it is found that fishing at the mouths or entrance of
the rivers and streams that run into Merrimack River, and in the ponds
that empty themselves into it, and in the brooks and rivulets that run
into the said ponds, prevents the said fish from going into the said
rivers and streams, and so into the ponds above, to cast their spawn,
and. tends to destro}' the increase of said fish ; therefore, — •

Be it enacted,

[Sect. 3.] That no person or ^x^rsons, from and after the said fif-
teenth day of March, shall, at any time during the continuance of this
act, catch an}' salmon, shad or alewives, with seines, nets or pots, at
the mouth or entrance of any such river or stream, or within one hun-
dred rods of the same, nor in any of the ponds aforesaid, nor in any of
the brooks or rivulets that run into the said ponds, on pain of forfeiting
for each offence the sum of three pounds.

And ichereas many persons who live out of this proA-ince, constantly
fish in that part of Meirimack River that is within this province, at the
proper seasons of fishing, and some provision ought to be made for the
recovering of such persons the penalties inflicted by this act, if they
offend against it, —

Be it therefore enacted,

[Sect. 4.] That, on complaint made to any justice of the peace
for the county where any oflence against this act shall be committed,
against any person or persons for the l»rea ,h of this act, or upon view

Preamble.

Siilmon to be
tiikun uiily three
d.ivs ill a wi'i'k
ill Merrimack
River, aficr 15th
March, anau-
ally.

Penalty.

Wears, Sec,
erected, ac-
counted nui-
tianccs.

Forfeiturp, on
conviction.

No fish to be
taken at the
mouths of riv-
ers, &c., running
Into Merrimack
River, after loth
March.

Preamble.

Juattco may

Imuo liis
wnr.-:iiit fur
ap|)rehen<llii){

742

Peovince Laws.— 17G4-65. [Chap. 24.]

offenders not
inhabitants of
tbe province.

Towns border-
ing on Merri-
niacli River,
to choose per-
sons to see to
the observation
of this act.

Finos and for-
feitures, how to
be recovered :

— how to be
applied.

Proviso, with
rcHi)cct to Con-
cord River.

Limitation.

of anj- justice, such justice is hereb}- impowerecl to issue his warrant to
appreheud such ottVndcr or offenders, and cause tliem to find sufficient
sureties for their appearance at the tlien next court of general sessions
of the peace for tlie count3-, to answer for their said offence ; and on
faiUire of finding sureties as aforesaid, to commit them to the common
goal for the county ; and sucli justice is also required to bind over tJie
witnesses against such offending person.

And be it farther enacted, ,

[Sect. 5.] That ever}- town in this pro^'ince, bordering on Mer-
rimack River, and in which there are an}' ponds, streams or rivers
emptying themselves into Merrimack River, where salmon, shad or
alewives ai"e taken, shall, duiing the continuance of this act, at their
annual March meeting, choose two suitable and fit persons to see that
this act is dulj- observed, and to inform against an}' person that sliall
offend against it, who shall be sworn to the faithful discharge of their
duty ; and if any person, chosen as aforesaid, shall refuse to be sworn,
he shall forfeit and pay the sum of fort}' shillings, for the use of the
poor of the town, to be recovered by the town treasurer ; and such town
shall proceed to a new choice.

And be it farther enacted,

[Sect. 6.] That all fines and forfeitures incurred by any breach of
this act shall be recovered, by action or information, in any of his
majesty's courts of record, where other method of reco^■ery is not di-
rected ; and all offences for fishing or obstructing the course of the fish,
contrary to this act, shall and may be presented by the grand jurors
for the respective counties where the offence is committed ; and the
said grand jurors are hereby enjoined diligently to enquire after, and
duly to present, such offences.

And be it further enacted,

[Sect. 7.] That the fines and forfeitures incurred by offending
against this act, where not otherwise disposed of, shall be paid to the
treasurer of the county where the offence is committed, to be appropri-
ated for the payment of the necessary county charges, except where
any person commences a prosecution, by action or information ; and in
that case one-half of the forfeiture shall go to the prosecutor.

Provided, always, —

[Sect. 8.] This act shall not be construed to affect the fishing in
Concord River (except the clause respecting the fishing at the mouths
or entrance of the rivers and streams that run into Merrimack River) ,
but that the inhabitants of Concord and Sudbuiy may erect weaivs
within their respective towns for taking fish in said river: jirocided (hey
fish only three days in each week; viz., Tuesday, Wednesday and
Thursday ; and tlie inhabitants upon and at the mouth of said river may
take lish, with seines or nets, two days in each week ; viz.. Tuesday and
Thursday: and that said weares be kei)t open, and saiil fishing with
seines or nets cease the rest of the time.

[Sect. !).] This act to continue and be in furce lor the space of
three years from the publication of it, and no longer. \_Passed Febru-
ary 28, 1765.

[3d Sess.]

PiioviNCE Laws. — 17G4-G5.

7-13

CHAPTER 25.

AN ACT TO PREVENT THE DESTRUCTION OF OYSTERS IN THE SEV-
ERAL BAYS AND RIVERS HEREAFTER MENTIONED, WITHIN THIS
PROVINCE.

Whereas it hath been the practice for some years past for persons
to come, with their vessels and boats, into the rivers and bays lying
either in the towns of Wellflcet, Freetown, Swanzoy, Dartmouth, Barn-
stable, Yarmouth, and in other of the bays, ports and rivers in this
province, then and there to rake the oyster-beds, carry away from thence
largo quantities of oysters, by means whereof said beds are almost de-
stroyed, to the great prejudice both of the English and Indian inhabit-
ants living in or near to the towns albresaid ; for remedy whereof, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That if any person or persons shall, at any time after
the twent3--fifth of March next, presume to take any oysters, or to
rake or sweep any of the oyster-beds, lying either in the rivers or bays
in either of the towns of Wellfleet^ Freetown, Swanzey, Dartmouth,
Barnstable, Yarmouth, or in an}' of the bays, ports or rivers in this
province, without leave first had and obtained from the selectmen, or
the major part of them, in writing, under their hands, in such town
where the 03-sters may be taken, or whore the beds may be raked or
sweeped, as aforesaid, every i)erson so oflTending shall forfeit and i)ay a
sum not exceeding ten pounds, nor under fortj- shillings, to be recov-
ered by action, information or presentment of a grand jury in any
of his majesty's courts of record proper to try the same : unless the
prosecutor shall see cause to bring the tryal before a justice of the
peace, in which case the justice may try the same ; and the fine shall
be forty shillings, and no more, one-third thereof to and for the use of
him that shall inform or sue for the same, the other two-thirds for the
use of the poor of the town where the offence shall be committed.

Provided, nevertheless, —

[Sect. 2.] Nothing in this act shall be understood to hinder any
inhabitant in this province from taking 03'sters for their own eating, or
for market in their own town, without leave from the selectmen, as
aforesaid : provided the same be not sent out of the province.

[Sect. 3.] This act to continue and be in force for the space of
three years from the twenty-fifth of March next, and no longer.
\_Passed February 28, 1765.

Preamble.

No person to
Bwcop nny oj»-
ter-bcds without
loav<! from tho
eclectraun, iic.

Penalty.

Proviso, for
inhabitants to
talie for their
own eating.

CHAPTEE 26.

AN ACT FOR ESTABLISHING AND REGULATING THE FEES OF THE
SEVERAL OFFICERS, WITHIN THIS PROVINCE, HEREAFTER MEN-
TIONED.

Be it enacted by the Governor, Council and House of Representa-
tives, in general court assembled ,

[Sect. 1.] That from and after the end of the session of the general Fees pst.-ib-
cuurt in May, one thousand seven hundred and sixty-five, the cstab- noJJ!!^,^,^^,, .
lishment of the fees belonging to the several officers hereafter men-
tioned, in this province, be as followeth ; viz''^, —

Province Laws. — 1764-65.

[Chap. 26.]

Justice'* fees.

Coroner's fecB.

Judge of pro-
biiti'V, and regis-
ter's, fees.

JUSTICE'S FEES.

For eveiy writ of attachment or original summons, one shilling.

Summons upon a capias, or attachment, sixpence.

Subpaena, for each witness, one penn}- halfpenny.

Entriug an action or filing a complaint in civil causes, two shillings.

AVrit of execution, one shilling and fourpcnce.

Filing papers, each, a pennj' halfpenn}'.

Taxing a bill of costfsj. threepence.

Entring up judgment in civil or criminal ca[M]ses, ninepence.

Copy of every evidence, original papers or records, eightpence per page
for each page of twenty-eight lines, eight words in a line : if less
than a page, foiirpence.

A recognizance or bond of appeal, including principal and sureties, one
shilling.

Taking affidavits out of their own courts in order for the trial [for] [o/]
an}' cause, one shilling ; and one shilhng and sixpence for his
travel ever}' ten miles, and so in proportion ; his travel to be
certified on tlie affidavit.

Taking affidavits, in perpetuam, to each justice, one shilling.

For every oath admiuistred to one or more witnesses before refer[r]-
ees or arb[/-]itrators, one shiUing.

For travel, the same as in taking affidavits.

Swearing persons appointed to appraize estates, or to appraize and di-
vide real estates, together with certificates, one shilling and six-
pence.

Taking an ackuowledg[e]ment with one or more seals, provided at one
and the same time, one shilling.

Receiving a complaint and issuing a warrant in criminal cases, one shil-
ling and sixpence.

Entring a complaint, making up judgment thereon, the same as in
civil causes.

For granting a warrant, swearing appraizers, relating to strays, and
entering the same, one shilling and sixpence.

For affidavits in all other cases, with certificates, and examining, ex-
cept oaths to be administred to town, district and precinct offi-
cers, eightpence.

CORONER'S FEES.

For serving a writ, summons or execution, and travelling fees, the same
as by this act hereafter allowed to sheriffs.

Bail bond[.s], one shilling.

Ever}' trial where the sherilfis concerned, eightpence.

For attending the jury, one sliilling.

For granting a warrant and taking an inquisition (to be paid out of
the deceased's estate), six shillings; if more tlian one at the
same time, seven shillings and sixpence in the whole ; if no es-
tate, then, to be paid out of the county treasury.

For travelling and expences for taking an inquisition, each day, four
shillings.

The foreman of the jury, three shillings ; and ten miles accounted a
day's travel, one shilling per day ; —
every other jinor, two shillings and sixpence, and travel the same as
the foreman.

The constable, for his expences, summoning the jury and attendance,
four shillings per day.

Ji'DGI-: OF PROBATE'S AND BBOISTSB'S FEKS.

For gi-anting administration, —
to the judge, three shillings :

[3d Sess.] Province Laws. — 1764-65. 745

tx) the register, for writing letter and bond of administration, two

sbillings and sixpence.
For appointing or allowing guardians to minors : two shillings to the
judge; and for writing bond, letter of guardianship and record-
ing letter, three shillings to the register for every minor.
Proving a will or codicil: to the judge, tiiree shillings and sixpence;

to the register, two shillings and sixpence.
For examining and allowing inventory, and swearing the executor or
executors, administrator or administrators, one shilling to the
judge.
Recording a will, letter of administration or guardianship, inventory or
account, of one page, and tiling the same, one shiUing and
threepence ; —
for every page more, of twenty-eight lines, of eight words in a line,
eightpence.
For copy of a will and inventory, for each page, and other ofBce copies,

eightpence.
Allowing accounts, three shillings to the judge : decree for settling

intestate estates ; to the judge, three shillings.
For examining such accounts, one shilling.
A citation, ninepcnce.

A quietus: to the judge, {one*'] shilling; to the register, one shilling.
Warrant oir commission for appraizing or dividing estates : one shilling

and sixpence to the judge ; to the {register*]^ one shilling.
[3/a*]king out commission to receive and examine the claims of cred-
itors to insolvent estates ; to the judge, one [.s-*Jhilling ; to the
register, one shilling : for recording, eightpence each page.
Eegistering the commissioner's report, each page, eightpence.
Making out and entering an order upon the administiators for the dis-
tribution of the estate ; to the judge, one shilling and sixpence ;
to the register, one shilling.
For proportioning such estate among the creditors, agre[e]able to the
commissioner's return, when the estate does not exceed fitly
pounds, three shillings ; and, if above that sum, four shillings
for the whole.
For recording the same, eightpence per page.
And he it further enacted,

[Sect. 2.] That whenever any fees shall be paid in the probate
oflice for the probate of a will and letters testamentar}', or for granting
letters of administration or letters of guardianship, or for any mat-
ter or thing from time to time arising in consequence of such letters
testamentary or letters of administration or letters of guardianship,
and until the estate upon which they are respective!}* granted shall be
full}- settled, a particular acount of such fees, before payment, shall, if
demanded, be, b}' the register or judge, set down in writing, and given
to the person paying the same ; and any such fees, received without
being thus ascertained in writing, shall be deemed illegal fees, aud the
person receiving the same shall forfeit and suffer accordingly.

IN THE SUPERI0[(7]R COURT.

justice's fees.

Entcrirg an action, six shillings and eightpence. janticcii of the

Taking special bail, one shilling and sixpence. s^t-riorcouru,

Allowing a writ of error, two shillings.

* Parchment mutilated.

746 PiioviiTCE Laws.— 1764-65. [Chap. 26.]

Allowing a habeas corpus^ one shilling and fourpence.

Taxing a bill of cost, cightpence.

For entering a petition, and making order thereon, for the sale or parti-
tion of real estates, and giving a eop3' of the same, seven shil-
lings in the whole : the clerk to be paid for recording, as usual.

Granting a writ of protection, one shilling.

clerk's fees.

Clerk's fees. A writ of review, three shillings.

A writ of scire facias, two shillings.

A writ of execution, one shilling and sixpence.

A writ of facias habere possessionem, two shillings and sixpence.

A writ of habeas corpus, two shillings.

Copies of all records, each page of twenty-eight lines, eight words in a

line, ninepence ; less than a page, sixpence.
Entring each action for trial, four shillings.
Entring each complaint, two shillings.
Receiving and recording a verdict, one shilling.
Entring a rule of court, ninepence.
Confessing judgment or default, one shilling.
Every action withdrawn or nonsuit, one shilling.
Entring an appearance, sixpence. ,

Acknowledging satisfaction of a judgment, on record, eightpence.
Examining each bill of cost, eightpence.

Continuing each cause, and entering the same next term, one shilling.
Filing each paper in each cause, one penny halfpenny.
•Proving a deed in court, and certifying the same, one shilling.
Entring up judgment and recording the same at large, two shillings.
For each venire, to be paid out of the county treasuries, respectively,

on the justice's certificate, threepence.
Every writ and seal other than before mentioned, two shillings.
Subpoena for each witness, one penny halfpenny.
P^lach recognizance, including principal and sureties, one shilling.
A writ of protection, one shilling.

IN THE INFERIO[C;^]R COURT OF COMMON PLEAS.

justice's fees.
Justices of the Entring of every action, five shillings and fourpence.

infoHor courts, 'x^ixing a bill of COSt, sixpcUCC.

Taking a recognizance on appeals, including principal and sureties,

one shilling.
Proving a deed, one shilling.
Granting a writ of protection, one shilling.

cleuk's fees.

Uk-rk's fees. Evciy action entred, one shilling and fourpence.
Every writ and sununons, sixpence.
Every appearance, iburpence.
Pvutring and recording a verdict, eightpence.
Recording a judgment, one shilling.
Copies of all recoids, each page of twent3'-eight lines, eight words in a

line, eightpence.
Every action withdrawn or nonsuit, eightpence.
Every execution, one shilling and fourpence.

[3d Sess.] Pkovince Laws. — 1764-65. 747

Confessing juclgmeut, or default, cightpcnce.

Acknowledging satisfaction of a judgment, on record, eightpence.

Continuing each cause, and entering at the next term, eightpence.

Each recognizance, including principal and sureties, one shilling.

Examining each bill of costs, sixi)ence.

Each venire, to be paid out of the county treasuries, respectively, by

order of the court, threepence.
Writ of^ facias habere possessionem, two shillings.
Filing each paper, one penny halfpenny.
A writ of protection, one shilling.

ATTORy['EY''\[IE]S FEES, AND ALLOWANCE TO PARTIES AND WITNESSES.

Attorney's fees; viz^'^, in tlie superior court, in a cause tried b}' a Attomey'a fcos.

jurj-, twelve shillings ; in other causes in said court[s], and in all

causes in the inferior court, six shillings.
[Sect. 3.] To parties recovering costs, and to witnesses in civil and
criminal causes, whether in the superior or inferior courts, or courts of
general sessions of the peace, or before a justice, one shilling and six-
pence for each day's attendance and travel, ten miles' travel to be ac-
counted as one da}' ; no allowance to be made to parties for travel to
or from the clerk's ofBce, in order to talie out a writ or summons, or
carrj' the same to the ofHce.

IN THE COURT OF GENERAL SESSIONS OF THE PEACE.

To each justice, for every daj-'s constant attendance in court, three Court of i,'.ii'n
shillings ; to all justices in the shire town, or within ten miles peace."* "' '^'•'
of the court-house, and to all others, four shillings per day, —
to be paid out of the count}- treasiuy ; the clerk to keep [a*]n
exact account of their attendance as aforesaid, and all fines and
forfeitures to be paid into the county treasury for the use of the
count}-.

For granting every licence to retailers and in [n] holders, and taking
their several recognizances, including principal and sureties, six
shillings in the whole ; one-third thereof to the clerk, the other
two-thirds thereof to be paid into the respective county treas-
uries.

Each recognizance in criminal causes, including principal and sureties,
one shilling.

CLERK-OF-THE-SESSIONS* FEES.

Entring a complaint or indictment, one shilling and fourpence. Clerk's fees.

Discharging a recognizance, eightpence.

Each warrant for criminals, one shilling.

Every summons or subpsena, twopence.

Every recognizance, including principal and sureties, one shilling.

Entring up judgment, or entring satisfaction of judgment, on record,
one shilling.

Warrant for county tax. one shilling.

For minuting the receipts of each petition, and order thereon, and re-
cording, eightpence per jiagc, as before.

Examining and casting the grand jury's accounts, yearly, and order
thereon, to be paid by the county treasurer by order of the court
of sessions, one shilling and sixpence.

For copies of all records or original papers, eightpence per page, as
before.

• Parchment mutilated.

748

Pkovince Laws. — 1764-65.

[Ghap. 26.]

For filing each paper, one penny.

For transmitting to the selectmen of each town in the county a list of
the names of the persons in such town licen[c][s]ed the year
before, threepence, to be paid by each person liceu[c][s]ed, and
no more.

FEES FOR UEGISTERING SHIPS AND OTHER VESSELS, AGRE[E]ABLE TO ACT

OF PARLIAMENT.

Fees for the

Bccretary's

oflice.

BhcriflPs or
constublc'e fees.

FEES IN THE SECRETAR Y'S OFFICE.

For certificates under the province seal, five shillings in the whole ;

two shillings thereof to the secretary'.
For warrants of apprizement, surve}^ «S:c., six shillings in the whole;

three shillings thereof to the secretary.
For a certificate of naval stores, three shillings in the whole.
For engros[s]ing the acts or laws of the general assembl}-, six shillings

each, to be paid out of the public[k] revenue.
Every commission for the justices of each county, and commission of

oyer and terminer, six shillings and eightpence, to be paid out

of the publick revenue.
Special warrants or mittimus by order of the governor and council,

each, tw^o shillings and sixpence.
Ever}' commission under the great seal, for places of profit, six shil-
lings and eightpence, to be paid b}- the person commissionated.
Every bond, three shilUngs.

Every order of council to the benefit of particular persons, two shillings.
Every writ for electing of representatives to serve in the general

court, directed to the sheriff or marshal[l], under the province

seal, five shillings, to be paid out of the i)ul.)lic[k] revenue.
For transcribing the acts or laws i^assed by the general assembly into

a book, eightpence i)cr page, — each page to contain twentv-

eight lines, eight words in a line, and so proportionably, — to be

paid out of the pu])lic[k] revenue.
Every commission for military officers, to be paid out of the public[k]

treasury, two shillings.

SHERIFF'S OR CONSTABLE'S FEES.

For the service of an original summons, or scire facias, on one defend-
ant, for trial, either by reading the same, or by copy, one'shil-
ling and fburpence : if served on more than one defendant, then
for cach other defendant so served, one shilling and lbur[)euce.

For service of a capias, or attachment, on one defendant, with or with-
out a summons, one sliilling and Iburpence : if served in like
manner on more than one defendant, then for each other so
served, one shilling and Iburpence.

For a bail bond, including principal and sureties, to be paid by the
person or persons admitted to bail, one shilling.

For serving an habere faciits posscssiojiem, exclusive of the poundage
on the costs of court, six shillings ; if on more than one piece of
land, four shillings each.

For the costs on an habere facias, the same poundage as in personal
actions.

For serving a warrant, one shilling and fourpence.

For the sherilT's aid in criminal cases, to each person, four shillings a
day ; and ten miles to be reckoned a day, and so in proportion
for a less time.

[3d Sess.] Province Laws.— 1TG4-G5. 74:9

For sumnioniug of witnesses in criminal cases, for each witness, six-
ponce, and travel as in civil cases.
For lovving executions in personal actions ; viz^'., for the first twenty
pounds, or under, uincpeuce per i)ound ; above that, not exceed-
ing forty pounds, fourpence per pound : above that, not exceed-
ing one hundred pountls, twopence per pound ; for all above one
hundred pounds, one penny per pound.
For travel, for the service of each execution or moan process or
warrant to him directed, twopence per mile; the travel to be
computetl from the place of service to the court where the writ
or execution shall be returned, by the way that is most commonly
used ; but one travel to be allowed to one writ or execution : and
if the same be served on more persons than one, the travel to be
computed from that place of service tliat is the remotest from
the place of return, with all further necessar}' travel in serving
such writ or execution on the others : the travelling fees and
fees of service to be endorsed, by the sheriff or his deputy, on
each mean process, or execution, otherwise not to be allowed.
For serving an execution, upon a judgment of court, for partition of
real estates, to the sheriff, five shillings per day ; and for travel
and expence, threepence per mile out from the place of his
abode : and to each juror, two shillings per day ; and for travel
and expence, threepence per mile.
Ever}- trial, eightpence.
Every default, fourpence.

For making out every precept for the choice of representatives, sending
the same to the several towns, and returning it to the secreiar3's
office, one shilling and fourpence ; to be paid out of the county
treasuries, respectively.
To the officer attending the grand jur}-, each da}', two shillings.
To the officer attending the petit jury, one shilling every cause.
For dispersing venires from the clerk of the superior court, and the
province treasurer's warraut[s], and proclamations of all kinds,
fourpence each.
[Sect. 4.] For the encouragement unto the sheriff to take and use Allowance for
all possible care and diligence for the safe keeping the prisoners that '^*"P"st c y.u
shall be committed to his custody, he shall have such salary allowed
him for the same as the justices of the court of general sessions of the
peace within the same county shall think fit and order; not exceeding
ten pounds per annum for the county of Suffolk, and not exceeding five
pounds per annum, apiece, for the county* of Essex and Middlesex,
and not exceeding three pounds per annum, apiece, in each of the
other counties within the province : to be paid out of the treasury of
such county.

CRTER'S FEES.

Calling a jury, fourpence. Crier's f.c.«.

A default or nonsuit, eightpence.
A judgment affirmed on complaint, eightpence.
A verdict, eightpence.

Said fees to be paid to the clerks of the respective courts, for the use
of the cryers.

TO THE CAPTAIN OF CASTLE WILLIAM.

For a pass to the castle for each vessel, two shillings in the whole : captain-ofthc
wood-slooi)s and other coasting vessels, for which passes have cwtie'* fcea.
not been usually required, excepted.

• Sic.

750

Pkovince Laws. — 1764-65. [Chap. 26.]

GOALER'S FEES.

jaUer'sfee* For turuiiig the key on each prisoner committed, three shillings ; viz"^'^.,
one shilling and sixpence in, and one shilling[s] and sixpence
out.
For dieting each person, for a week, four shillings.

Messenger of
tlie house of
lepresentativeB,
fees.

MESSENGER OF THE BOUSE OF REPRESENTATIVES.

For serving every warrant from the house of representatives, which
the}' may grant for arresting, imprisoning, or taking into cus-
tody any person, one shilling and sixpence.

For travel, each mile out, twopence per mile.

For keeping and providing food for such person, each day, one shil-
ling and sixpence.

For his discharge or dismission, one shilling and sixpence.

Grand-jurors'
fees.

GRAND JURORS' FEES.

Foreman, per day, two shillings and sixpence.
Each other juror, two shiUings.

Petit-jurors'
fees.

PETIT JURORS' FEES.

To the foreman, in every cause at the stiperlor and inferior courts, or

sessions, three shillings.
To every other juror, two shillings.

FOR MARRIAGES.

Fee for mar- For each marriage, to the minister or justice officiating, four shUhngs,
'■''''ses. Yqi' recording it : to tlic town clerk, to be paid by the minister or

justice, fourpence ; and to the clerk of the sessions, to be paid
b}' the town clerk, twopence.
To the town clerk, foi- every publishment of the banns of matrimony,

and enlring thereof, one shilling.
Everj' certificate of such pulilishment, sixpence.
Recording births and deaths, each, twopence.
For the certificate of the birth or death of a\\y person, threepence.

County regis-
ter's fees.

COUNTY REGISTER 'S FEES.

For entring or recording or cop3ing any deed, conve3-ance or mortgage,
for the first page, ninepence ; and eight pence per page for so
manj' pages more as it sliall contain, accounting after the rate of
twenty-eight lines, of eight words in a line, to each page ; and
proixjrtionably for so much more as shall be under a page ; and
threepence for his attestation on the original, of the time, book
and folio where it is recorded : the fees to be paid at the offering
the instrument ; —
and for a discharge of a mortgage, eightpenco.
A)id be it farther enacted.,

[Skct. 5.] That if any person or persons shall demand and take
uiiiiig'exccssive mjy gieater fee or fees, for any of the services aforesaid, than are by
this law provided, he or they shall foifeit and pay to the person or
persons injured, the sum of ten pounds for every oflence, to be re-
covered in any court proper to hear and ik'teruiinc the same.
And be it further enacted,

[Skct. 6.] That in all criminal |)r()secutions in tlie suiierior court of
judicature, court of assize and general goal delivery, and in the courts
<»r general sessions of the peace, when tiie party or parties jjrosecuted
shall be ordered to go without day, or when, being convict, shall nut

I'ciinlty for

CllBtB to bo
taxcil in :tll
criiniiml |)r(iHC-

ClItioTlH, illld

liuw tu be paid.

[3d Sess.] Province La ^ys. — 17G4-G5. 7;-)l

have siifTifient goods or estate to pay costs of prosecution, in every
such case it shall be in the power of the court before whom such ac-
quittal or conviction shall be, to tax such costs for court charges as the
case shall appear to require, not exceeding the fees or costs stated by
this act ; and such costs so taxed b}- the courts of general sessions of
the peace, shall be paid out of the respective county treasuries ; and
such costs so taxed by the superior court of judicature, court of assize
and general goal delivery shall be paid by the sheriffs of the respective
eouuties, out of such flues and forfeitures as may have arisen and been
incurred by force of any judgment or sentence of such court; and al- Allowance to be
lowance shall be made by the province treasurer to the several sherifis ^,'^!j.|ff° ""*
for any sums paid as aforesaid : and when and so often as it shall
liai)i)en that au}' sheriff sliall not have in his hands any monies received
for lines and forfeitures as aforesaid, such costs shall be paid out of the
province treasur\'.

[Sect. 5.] This act to continue and be in force three years, and no Limitation,
longer. [^Passed March 5, 1765.

CHAPTEK 2 7.

AX ACT IN ADDITION TO, AND IN EXPLANATION OF, TWO ACTS MADE
AND PASSED IN THE PRESENT YEAR OF HIS MAJESTY'S REIGN,
TUE ONE, INTITLED "AN ACT FOR DETERMINING THE TIMES FOR
HOLDING THE SUPERIOR COURT OF JUDICATURE, COURT OF ASSIZE
AND GENERAL GOAL DELIVERY IN THE SEVERAL COUNTIES WITH-
IN THIS PROVINCE ; " THE OTHER, INTITLED "AN ACT DETERMIN-
ING AT WHAT TIMES AND PLACES THE SEVERAL INFERIOR COURTS
OF COMMON PLEAS AND COURTS OF GENERAL SESSIONS OF THE
PEACE SHALL BE HELD WITHIN AND FOR THE SEVERAL COUNTIES
OF THE PROVINCE, FOR THE FUTURE."

Whereas, in and b}' an act made and passed in the present ^ear of Preamble,
his niajestj^'s reign, intitled '-An Act for determining the times for i-tu-co, chap,
holding the superior court of judicature, court of assize and general i^'§2-
goal deliveiy in the several counties within this province," it is, among
other things, enacted as follows; viz., "That all appeals, writs of
review, recognizances, warrants, processes, matters or things whatso-
ever, returnable to, or which might have been jji-oceeded on, adjudged
and determined at, any court, the time for holding which is altered l)y
this act, shall be in like manner returnable to, and may in like manner
be jn-oceeded on. adjudged and determined at, the court in the same
count}- to be holden next after by virtue of this act ; " and in and by
another act. made and passed in the present year of his majesty's
reign, intitled "An Act determining at what times and places the i764-«o. chap,
several inferior courts of conunon pleas and courts of general sessions ^o. §2.
of the peace shall be held within and for the several counties in the
province for the future," it is, among other things, enacted as follows ;
viz., "That all original writs, summons, warrants, recognizances,
executions, processes, matters or things of what kind soever, returna-
ble to, or which might have been adjudged, iletermined or acted upon
at. any court, the time for holding of which is altered b}' this act,
shall be in like manner returnable to, adjudged, determined and acted
upon at, the court in the same county to 1)C holden next after l)y virtue
of this act ; " and lohereas it may be doubtful whetiier the said clauses,
or either of them, extend to the si'rvice of executions whieli are return-
aide Ui any court the time for holding which is altered l)y the said
acts, after the day when, by law, sueh executions would have been
returnable if the said acts had not passed, —

752

Province Laws. — 1764-65.

[Chap. 28.]

Service of exe-
cutions ren-
dcrej valid, the
alteration of
the times for
holding the
several courts
notwithstand-
ing.

Preamble.

Writs, sum-
mons and
other pro-
cesses, estab-
lished.

Be it therefore enacted by the Governor, Council and House of
Mepresentatives,

[Sect. 1.] That the service of all executions already made, or
•nhich shall be made, after the da}- on which such executions would,. In-
law, have been returnable if the time for holding the courts to which
they are or ma}- be returnable had not been altered b}' the before-
mentioned acts, and before the da}- on which they are made returnable
by force of the said acts, shall be deemed as valid and effectual, to all
intents and purposes whatsoever, as if such service had been made
before the day on which they would, by law, have been returnable if
the said acts had not been made and passed.

And lohereas divers writs, summons and other processes have issued,*
or may issue, within the several counties of the province, after the pass-
ing of the aforesaid acts, and such writs, summons or other processes
may have been, or may be, made returnable to the court to which. In-
law, they would have been returnable, if the aforenamed acts had not
been made and passed, —

Be it therefore further enacted,

[Sect. 2.] That all writs, summons and processes whatsoever,
which have issued or been commenced, or may issue or commence,
after the passing the aforenamed acts, which are, or may be, made
returnable on such day as, by law, they would have been returnable, if
the said acts had not passed, shall still be deemed returnable to the
court to be held on such day, unless the time of holding such court be
altered by one or other of the said acts ; and in such case such writs,
summons or other process shall be and are hereby declared to be
returnable to the court to be held within and for the same county next
after, and shall, to all intents and purposes, be as valid and effectual in
law as if the said acts had not been made and passed. \_Passed
March 5, 1765.

CHAPTER 28.

Preamble.

Reciting an
order of court.

AN ACT TO CARRY INTO EXECUTION AN ORDER OF THE GENERAL
COURT, FOR NUMBERING THE PEOPLE WITHIN THIS PROVINCE.

Whereas the great and general court of this province, the second
day of February, one thousand seven hundred and sixty-four, came
into the following order; viz., "Upon consideration of his excellency's
message of the nineteenth, currant, ordered, that tlie selectmen of each
town and district in this province, chosen for the year one thousand
seven hundred and sixty-four, do, as soon as conveniently may be, take
an exact account of the number of dwelling-houses, fiiinilies and peo-
ple, of their respective towns and districts, including as well Indians
civilized, negroes and molattoes, as white people ; and females as well
as males ; and distinguish them in this form ; namely, —

White people under sixteen years,

Above sixteen years,

Families,
Houses,

Negroes and molattoes,

5 Males,
\ Ft-raales,
\ Males,
I Females,

j Males,
I Females,

5 Males,
( Females,

Indians,

and return the same into the secretary's office, by the last day of

December next ; "* and whereaa several of the selectmen of towns and

• Council Reconla, vol. xxv., p. 185.

[3d Sess.] Province Laws. — 17G4-G5. 75:5

districts within this province have coniplit'd witli the abovosaid order, Which oi.i.r
and divers others have neglected their duty tlierein, and have not made fi"ny colnHUd"^
return as directed, b}' which neglect the design of the said order has with,—
been evaded ; for renied}' whereof, and that a uniform return may be
made, agreeable to his majesty's requisition, b}- his ministers, to his
excellenc}' the governor, therefore, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the selectmen of such town and district within is enforced by
this province (chosen for the year one thousand seven hundred and i'''«"<=i-
sixty-four) where the above order has not been complied with, or the
survivors of them, do take an exact account of the number of dwelling-
houses, families and people, agreeable to the form aforementione(l,
and make return thereof unto the sherilfs of the several counties, re-
spectively, on or before the twenty-fifth day of May next ; and in case
of refusal or neglect of their duty, to forieit and pa}- to his majesty,
for the use of the county where such offence shall arise, the sum of PcnaUyonthe
fifty pounds; to be recovered by the treasurer of the said county in ^^;^J^'^'™^" " "'«
any court of record proper to try the same.

And be it further enacted,

[Sect. 2.] That in case any master or mistress of any family shall Penalty on
refuse to give a proper and true list when required bj- one or more of ISes-'rcfiisfu'to
the selectmen of anj- town or district, he or she shall forfeit the sum g'v<- iii« m an
of fort}- shillings ; to be recovered by the treasurer of such town, for '"^*^""'"-
the use of the poor thereof, before any of his majesty's justices of the
peace in such county. \_Passed March 5, 1765.

CHAPTER 2 9.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON SPIRITS
DISTILLED, AND WINE, AND UPON LIMES, LEMMONS AND ORANGES.

"We, Ills majesty's most loyal and dutiful subjects, the representatives Preamble,
of the pro^'ince of the Massachusetts Bay, in general court assembled,
being desirous of lessening the present debt of the province, have
chearfuUy and unanimously granted, and do hereby give and grant unto
his most excellent majesty, for the end and use above mentioned, and
for no other use, an excise upon all rum and other spirits distilled, and
upon all wines whatsoever, and upon lemmons, limes and oranges, to be
raised, levied and collected, and paid in manner and form following: —

And be it accordingly enacted by the Governor, Council and House
of Representatives,

[Sect. 1.] That from and after the twenty-fifth day of March, one Time of this
thousand seven hundred and sixty-five, and until the twent3--sixth day moc.*^"" "'^'
of March, one thousand seven hundred and sixty-six, every person
already licensed, or that shall l>c herealter licensed, to retail rum or
other spirits distilled, or wine, sliall pay the duties following : —

For every gallon of rum and spirits distilled, eightpence.

For ever}- gallon of wine of every sort, eight i)ence.

For every hundred of lemmons or oranges used and consumed in
making punch, or otherwise lor sale b}- taverners and innholders only,
eight shillings.

For every hundred of limes used and consumed in making punch, or
otherwise for sale by taverners and innholders only, three shillings.
— And so proportionably for any quantity or number.

And be it further enacted,

[Sect. 2.] That every retailer of rum, wine or spiiit.s distilled, Accouuutoba

754

Peovikce Laws.— 1764-65. [Chap. 29.]

taA'erner and innholder, shall, on the twenty-sixth day of March, one
thousand seven hundred and sixty-five, take a just and true account,
in writing, of all wine, rum and spirits distilled, then b}- him or her, or
in his or her possession ; and that ever}' person who shall be hereafter
licenced to be a taverner, innholder and retailer of wine, rum or spirits
distilled, shall take a like account of all wine, rum and other spirits
distilled by him or her, or in his or her possession at the time of such
licence granted ; and every taverner, innholder and retailer of rum
or other spii'its distilled, or wine, shall make a fair entry, in a book by
them respectively to be kept for that purpose, of all such rum, or othei-
spirits distilled, or wine, as he or she, or any person or persons for liirs
or her, shall buy, distill, take in or receive, after such first account
taken, and when and of whom the same was bought and taken in ; and
at the expiration of the said year shall take a just and true account
how much thereof then remains b}' them; and shall, in writing, under
their hands, render to him or them that shall collect the duties aforesaid
the whole of those several accounts, and shall also make oath, in the
form following, before such collector or collectors, who are hereb}'
impowered to administer tlie same : —

Form of the
oath.

You. A. B., do swear that the account by you now rendered is, to the best
of your knowlodcce, a just and true account of all wines, rum and distilled
spirits you had by you, or in your possession, on the twenty-sixtli day of
March, one thousand seven hundred and sixty-five, and also of all the wine,
rum and other distilled spirits bought, distilled, taken in or received by you,
or by any person or persons for or under you, or by or with your knowledge,
allowance, consent or connivance, and that there still i-emains tliereof in your
possession, unsold, so much as is in this account said to remain by^ you unsold ;
an<] that there lias not been by you, or by any other person or persons for or
under you, by your order, allowance, consent or connivance, either directly or
indirectly, sold, used or consumed any wine, or any liciuor for, or as. wine;
any rum or distilled spirits, or liquor for, or as, rura or distilled .sjiirits; or, if
a. tavernor or innholder, that there has not been any limes, lenimons or oranges
by you, or by any person or persons for or under you, or by your order, con-'
sent, allowance or connivance, used in making punch, or otherwise for sale,
since the said twenty-fifth day of March, one thousand seven hundred and
sixty-five, besides what is contained in the account by you now rendered. So
helji you God.

Penalty for col-
Icctor'H ivcciv-
iiig accounts
'Without oath.

Dulios to the
collector.

Ten per cent
.Tllowcd for
li'.'ik.nge.

Tnvcrners, &c.,
to give bond.

— and cveiy collector of the excise who shall receive any account from
any person, in consequence of this act, without their making o;ith to the
same, as aforesaid, shall forfeit and pa}' for the use of the government
the sum of twenty pounds.

[Sect. 3.] And for ever}' per.'^on that was not licenced on the same
twenty-sixth day of March, the form of the oath shall be so varied as
that instead of expressing the day aforesaid, the lime of taking their
licence shall be inserted and used.

[Sect. 4.] And every such taverner, innholder and retailer shall pay
the duties aforesaid to him or them that shall collect the same, on the
whole of the several articles mentioned in such account rendered, fiaciu'j
null/ for sucli part thereof as remains in their hands unsold : ^)ro<V(/r'(^
nevertheless, that for ordinar}' leakage, &e., ten per cent shall be
allowed them on all liquors in such account mentioned, besides what
remains in their hands unsold, and what they shall on oath depose they
have lost by extraordinary leakage, or other casualties.

And be it further enacted, -

[Sect. A.] That every person hereafter licensed to be a taverner,
innholder or retailer of any wine, rum or spirits distilled shall, wilhin
thiity days after such licence granted, and before he or she shall sell
by virtue of the same, not only become bound to keep good rule and

[3d Sess.]

FRO^niNCE Laws.- \1CA-'o5.

order, as by law is already required, but shall also become bound, with
sufficient sureties, by way of recognizance, to his majesty, for the use
of this government, in a sufficient sum, to be oidered by llie court that
grants the licence, which sum shall not exceed three hundred pounds
nor be less than fifty pounds, conditioned that they shall keep and
render the accounts aforesaid, and pay the duties aforesaid, as in and b}'
this act is required.

Provided , nevertheless, —

And it is hereby enacted and declared,

[Sect. 6.] That all recognizances taken m consequence of this act,
and, on forfeiture, put in suit in any court of record within this prov-
ince, may, b}- such court, be chancered down to the just debt and
damage (where that can be known), as other bonds maj' be by the
laws of this province, alread}' enacted.

And be it further enacted,

[Sect. 7.] That no such taverner, innholder or retailer shall be
licenced by the justices of the general sessions of the peace, who have
not accounted with the collector, and paid him the excise, aforesaid,
due from such person at the time of his or her taking or renewing his
licence.

And ichereas, notwithstanding the laws made against selling strong
drink without licence, many persons, not regarding the penalties of said
act, do receive and entertain persons in their houses, and sell great
quantities of spirits and other strong drink, without licence ; b\' reason
wliereof great debaucheries arc committed and kept secret, and such as
take licences and pa}- the duties of excise therefor are greatly wronged,
and the government thereby defrauded, — •

Be it therefore enacted,

[Sect. 8.] That if any distiller, importer, or any other person
whatever, after the said twenty-fifth day of March, shall presume,
directly or indirecth^, to sell an}- rum or other distilled spirits, or wine,
in less quantity than fifteen gallons, or any beer, ale, cyder, perry or
other strong drink, in any quantity less than three gallons, without
licence first had and obtained from the court of general sessions of the
peace in that county, and recognizing in manner as aforesaid, shall
forfeit and pay for each offence the sum of two pounds and costs of
prosecution, two thirds for the use of the government, and the other
third for the prosecutor.

And ivhereas divers other persons than those licenced to sell rum
and other distilled spirits by retail, have heretofore supplied persons
employed by them in the fishery, building vessels, and in other business,
without paying any excise therefor, and thereby have defrauded the
government of the duties of excise, and have not been subject to
the penalty provided by law against selling drink without licence, and
the same practice will probably be continue<l unless effectual care be
taken to prevent the same, —

Be it therefore enacted,

[Sect. 9.] That all persons not licensed as aforesaid, who shall
hereafter by themselves, or by any other person or persons under them,
or by their orders, allowance or connivance, supply an}- person or per-
sons employed by them in the fishery, building of vessels, or any other
business or employ, with rum or any other distilled spirits, or wine,
shall be deemed and taken to be sellers of such liquors, and be sub-
ject to the aforesaid pains and penalties provided against persons
selling any of the liquors aforesaid without licence, and shall be re-
covered in like manner, unless they make it appear that such wine,
rum or other distilled spirits was purchased of a taverner, innholder or
retailer, or other person or persons iimt had licence or permit to sell
the same.

RccognizanccB
put in suit may
Of chanciTfil ua
other bonds.

Licenses not to
bo renewed if
former cseit-e is
not paid.

Preamble.

Forfeiture for
telling witlioul
license.

Preamble.

PerBonn not
lieensed, (-up-
plyiiij; llio.-iu
('in|iliiyed by
lliein in tlic
tit^liery, ttc,
with spirituous
liquom, tu be
dcemuU bvIKts.

756

Peovtkce Laws.— 1764-65. [Chap. 29.]

Vessels em-
ployed ill the
cod- and whale-
fishery allowed
20 gallona froe
of excise.

One witnesB
sufflcient for
conviction.

Penalty on per-
sons refusing to
give evidence.

And he it further enacted,

[!Sect. 10.] For the encouragement of the cod-and whale-fishery,
that all rum and other spirits, consumed by such persons as are em-
plo^'ed in said business out of this proA^inee, be exempted from paying
excise, and that there be allowed for the consuni[)tion of each vessel's
crew, usnall_y fishing upon George's Banks and to the eastward and
southward thereof, the quautit}' of twenty gallons for each trip or fare ;
and that ever\' master or owner of such vessel or vessels that shall, after
the twenty-sixth day of March next, supply any such vessel with an}'
rum or spirits, on a fishing voyage, and produce an account thereof to
the collector, under oath, not exceeding the aforesaid quantity of
twenty gallons for one trip or fare, shall be allowed the same drawback
as is provided in this act on rum and other spirits exported out of
this province.

And be it further enacted,

[Sect. 11.] That when any person shall be charged with selling
strong drink without licence, one witness produced to the satisfaction
of the court or justice before whom the trial is, shall be deemed sufficient
for conviction. And when and so often as it shall be observed that
there is a resort of pei'sons to houses suspected of selling strong drink
without licence, any justice of the peace in the same county shall have
full power to convene such persons befoi-e him, to examine them upon
oath concerning the persons suspected of selling or retailing strong
di'ink in such houses, outhouses or other dependencies thei'eof; and if
upon examining such witnesses, and hearing the defence of such sus-
pected person, it shall appear to the justice there is sufficient proof of
the violation of this act by selling strong drink without licence, judg-
ment may thereupon be made up against such person, and he shall
forfeit in like manner as if pi'ocess had been commenced by action or
information before the said justice ; or otherwise the said justice may
bind over the person suspected, and the witnesses, to the next court of
general sessions of the peace for the county where suoli person shall
dwell.

And he it further enacted,

[Sect. 12.] That if any person or persons shall be summoned to
appear before a justice of the peace, or the grand jury, to give evidence
relating to any person's selling strong drink without licence, or to
appear before tiie court of general sessions of the peace, or other court
proper to try the same, to give evidence on the trial of any person
informed against, presented or indicted for selling strong drink without
licence, and shall neglect or refuse to appear, or to give evidence in that
behalf, every person so ofiending shall forfeit the sum of foi-ty shillings
and costs of prosecution ; the one half of the penalty aforesaid to be to
his majesty for the use of the province, and the other half to and for
the use of him or thein who shall sue for the same as aforesaid. And
when it shall so haj)i)en that witnesses are bound to sea before the sit-
ting of the court where any person or persons informed against, for
selling strong drink without liccMice, is or are to 1)0 prosecuted for the
same, in every such case, the de[)osition of any witness or witnesses, in
writing, taken before any two of his majest3''s justices of the peace, quo-
rum xinus, and sealed up and delivered into court, the adverse party
having first had notice, in writing, sent to him or her, of the time and
place of caption, shall be esteemed as sufficient evidence, in the law, to
convict anj" person or persons offending against this act, as if such wit-
ness or witnesses had been present at the time of trial, and given his,
her or their deijosition viva voce ; and every person or persons who shall
be summoned to give evidence before two justices of the peace, in man-
ner as aforesaid, and yhnll neglect or refuse to appear, or to give evi-

[3u Sess.] riioviNCi-: Laws. — 1704-G5. 757

dencc relating to the facts ho or she all * be eiiqiiircil of, shall be liable
and subject to the same penally as he or she woiikl have been, by virtue
of tliisi act, for not appearing', or neglecting or refusing to give his or
her evidence before the grantl jury or court aforesaid.

Aitd be it further enacted,

[Sect. 13.] Tliat all fines, penalties and forfeitures arising by this How fines,
act shall and may be recovered by action or information before any recovered,
court of record proper to tr}- the same; and, whore the sum forfeited
does not exceed forty sliillings, by action or information before an}' one
of his majesty's justices of the peace in the ros[)octive counties where
such oliVnco shall bo comuiilted : which said justice is hereby impowered
to try and determine the same. And the said justice shall make a fair
entry or record of all sucli proceedings : saving, alica;/s, to any person or
persons who shall think him- or themselves- aggrieved by the determina-
tion of the said justice, liberty of appeal therefrom to tlie next court of
general sessions of the peace to be holden for and within said county,
at which court such otlenco shall be thially determined : jirooided, that
in the same appeal the same rules be observed as are already roquu-ed
b}' law, in appeals, from justices, to the court of general sessions of the
peace, savimj. onbj, that the recognizance for prosecuting the appeal
shall be four pounds.

[Sect. 14.] And that the respective collectors shall attend at some Collectors to
convenient place in each town or district in this province, in order to ""wn'ordiLTHct
receive and settle all accounts relating to said excise, in the several
towns of the county where he is collector, first giving seasonable and
public notice of the time and place or places where said business shall
be transacted ; and no collector shall demand or take any fee for such
attendance, settlement or travel, upon the penalty of ten pounds, to be
recovered b}' action or information, or in any court of record : one half
to the informer, and the other half for the use of the province.

And ivhereas there have been collectors in each county already ap- Collectors
pointed by the general court to take charge of this duty of excise, — a'cftoBt^'urtiie

[Sect. 15.] Such collectors shall be upon oath to take care of the execution of
execution of this law, and to prosecute the breakers of it.

[Sect. 16.] And every collector of excise in any county may sub- — andmnyui).
stitute and appoint one or more deput}' or deputies under him, upon ^*''"' opuiK*.
oath, to collect and receive the excise aforesaid \vhich shall become
due in said countv', and pay in the same to such collector, which deputy
and deputies shall have, use and exercise all such powers and authori-
ties as in and by this act are given or committed to the collector for
the better collecting the duties aforesaid, or prosecuting offenders
against this act ; for the doings of which deputies the collectors re-
spectively shall be accountable.

[Sect. 17.] And the said collectors shall carefully examine the ac-
counts of every licenced person in their respective counties, and demand,
sue for and receive the several sums due from them by this act. and
shall give in the name of every licenced and permitted person, and an
account, under their hands, of the ijarticular sums they receive, and of
whom received, unto the treasurer, upon oath ; wiiich oath the treasurer
is hereby imiX)werod and directed to administer, in the words follow-
ing; viz.,—

You, A. B., do swear that this is a just and true account of the oxcise upon T^orm of the
all wines, rum and distilled spirits, limes. Ifinnns and oranges, by you re- "'" '■
ceived or by you secured to be paid in the county of ; and that y<>u

have not wilfully neglected swearing any person of or for whom the same
was received or secured, in manner and form as by law is prescribed. So
help you God.

• "Shall"?

758

Province Laws. — 1764-65.

[Chap. 29.]

Collectors to
give two re-
ceipts fur every
sum received.

Collectors' fees.

Bond to be
given to tbe
treasurer, for
treble tbe sura
tbiit the excise
was larraed for.

Penalty for col-
lectors' or depu-
ties' offending.

I'roviso.

Duties to be
paid upon nil
llquurH iin-
porteil or nmnu-
lactured.

[Sect. 18.] And at the time of receiving an}- money, the said col-
lector shall give two receipts, of the same tenor and date, mentioning
what sum or sums thej- have received from an}' taverner, innholder or
retailer; one of which receipts to be, by the said taverner, innholder
or retailer, returned to the court of general sessions of the peace within
their respective counties, at the next session of such court, and the
clerks of said court shall, within thirty days after receipt thereof, trans-
mit the same to the treasurer or receiver-general.

[Sect. 19.] And such collectors shall pay in to the publick treasuiy
of this province all such sums as they shall receive, within fifteen months
from the date of their commission, on pain of forfeiting the reward
given such collectors by this act ; who shall be allowed, in the counties
of Suffolk, Essex and Middlesex, two per cent, in the counties of Plym-
outh, Bristol, Hampshire and "Worcester, two and an-half per cent,
and in the other counties, three per cent, on all money by them col-
lected and paid into the treasury as afoi'esaid : each collector, before he
enters into the said office, to give bond for treble the sum it was farmed
for, in the respective counties, in the year one thousand seven hundred
and fifty-seven, with sureties, to the treasurer of this province for the
time being, and his successors in said office ; which bond shall be exe-
cuted before the next court of general sessions of the peace, in- the re-
S2)ective counties where the said collectors live, or before two of his
majesty's justices of the peace in the respective counties, one to be of
the quorum : one of the said justices to return the certificate to the clerk
of the sessions within thirty days, as aforesaid, and be transmitted to
the treasurer of the province by the clerk of the peace within such
county, within three months after the bond is executed ; and the said
treasurer shall put in suit the bonds of all such collectors who shall
neglect to make due pa^-ment within fifty days after the da}' of payment.

And he it further enacted^

[Sect. 20.] That in case any collector of the excise as aforesaid, or
his deputy, shall, at any time during their continuance in that office,
wittingly and willingly connive at, or allow any person or persons in
their respective divisions, not licensed by the court of general sessions
of the peace, their selling any wines, rum or other liquors by this act
forbidden, such collector or deputy, for every such offence, shall forfeit
the sum of fifty pounds and costs of prosecution ; one half of the pen-
alty aforesaid to be to his majesty for the use of this province, the other
half to him or them that shtiU inform and sue for the same, and shall be
thenceforward forever disal.»led from serving in said office : saving, that
said collector may give a permit to any person to sell rum or other
spirits distilled, or wine, in quantity from fifteen gallons and ui)wards,
agreeable to this act.

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

[Sect. 21.] That if any taverner or retailer shall sell to any other
taverner or retailer any quantity whatever of distilled licjuors and wine,
such taverner or retailer, sc-lling as aforesaid, shall not be held to pay
such duty, but the taverner or retailer wlio is the purchaser shall pay
the same ; and the seller as aforesaid, shall and hereby is required to
deliver to the collector of tliis duty a true account of such liquors sold
as aforesaid, and to whom solil.

And to the end that the revenue arising from the excise upon spirit.-
uous liquors may be increased, and raised with more equality, —

Be it enacted,

[Sect. 22.] Tiiat from and after the twenty-fifllh day of March, one
lliousand seven inindred and sixty-five, to the twenty-sixth day of
IMaicli, one thousand seven hundred and sixty-six, upon all rum and
other distilled spirits, and all wine imported and manufactured, and sold

[3i) Sess.]

PitoviNcio Laws. — 1704-G5.

759

for consuiuptiou witliin this province, there be laid and is hereby laid
the duties of excise Ibllowing ; viz., —

For cverv gallon of rum and si)irits distilled, eightpeucc.

For every gallon of wine of every sort, eightpence.
— To be paid to the collector of excise, or his (k'i)uty, b}- every person
having permit to sell the said liquors, in each county, respectively.

And be it further enacted,

[SicCT. 23.] That every person that shall import an^- of the liquors
aforesaid, or to whom any of them shall or may be consigned, shall be
and hereb}- is prohibiletl from selling the same, or any part thereof,
without having a permit so to do IVom the collector of excise, or his
deputy. And every person distilling or manufacturing any of the said
liquors, and every i)erson owning or possessing any of th'em, excepting
such as are or may be licenced b^' the court of general sessions of the
peace, as aforesaid, shall be and hereb}- are prohibited from selling
the same, or any part thereof, without having a permit so to do from
the collector of excise, or his deputy, on forfeiture of twenty-five
pounds and of the value of the liquors so sold.

Provided, nevertheless, —

[Sect. 24.] That any person who shall have any of the liquors
aforesaid, in the hands of any distiller, or other permitted person, and
shall draw an order for delivering the same, or any part thereof, not
less than fifteen gallons, to any person or his order, the person only who
shall be the receiver of the same liquors shall be obliged to take a per-
mit, and be held to account and pay the duties of excise due thereon.

Provided, nevertheless, —

[Sect. 25.] That the impost oflScer and his deputy shall be and
hereby are respectively impowered to grant a permit for selling the
liquors aforesaid, or any of them, to any person applying for the same,
until a collector be appointed in each county, respectively, to whom the
duty of excise shall be paid as aforesaid, and until the collector shall
give public notice of his appointment as aforesaid. And the said impost
officer and deputy shall transmit, to the collector of each county, an
account of the permits by each of them, respectively, granted to persons
living in such county, and shall give to the collector, when required, an
account of all the liquors imported from time to time, for the better
securing the excise.

And be it further enacted,

[Sect. 26.] That every person having permit, as aforesaid, shall, at
the end of the year from the twenty-fifth day of IMarch, one thousand
seven hundred and sixty-five, be ready to render to the collector afbi-e-
said, or his deputy, an account, on oath, of all the liquors aforesaid by
him or her, or any person or persons in his or her behalf, sold ; and also
of all the aforesaid liquors by him or her imported, distilled oi- manufac-
tured, or which have come into his or her possession since the twenty-
fifth day of March aforesaid, except the same were bought of a licenced
person in a quantity less than fifteen gallons, which in his or her family
have ])een consumed or expended within said year; which account shall
express the number of gallons of each kind of the liquors so sold and
consumed ; and shall pay therefor to the said collector or his deputy the
duty aforesaid, excepting for so much as shall have been sold to tav-
emers, innholders or retailers having licence from the sessions as
aforesaid, or to any other persons having permit as aforesaid, and so
much as shall have" been ex[)orted out of this province ; an<l if any of
said liquors shall have been sold to persons licenced by the .•sessions, or
to persons having permit, said account shall exhil)it the names of such
licenced persons who purchased, and persons having permit, and time
when Ihev purchased the same; and the persons accounting shall

Liquors not to
be HoUl by tlif
importer, &c.,
witliout !i per-
iiiit

Proviso.

Persons hnving
permit as afore-
t<:iid, to render
an account to
the collector at
the end of every
half-year:
nating, &c.

760

Provin-ce L a ws.—l 764-65. [Chap. 29.]

Persons having
permit as afore-
Baid, to give an
account of
liquors by them
eent out of the
province.

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

Penalty for mas-
ters' or others'
giving certifi-
cate without
receiving the
hquors.

Provlao.

PcrHonn apply-
liiir for a permit
'.1 give bund.

exhibit a certificate under the hand of the licenced or permitted person
purchasing, which shall exi)ress the number of gallons, and the kind of
the liquors purchased, and the time when the same was purchased, and
thenameof the town and county wherein such licenced permitted person
lives, and shall lodge the said certificate with the said collector, or his
deput}' ; and for the quantity of the said liquors mentioned in such
certificate, the said collector or his deputy shall not demand an}- dutj',
but shall deliver said certificate to the collector of the county* wherein
such licenced or permitted persons, signing the same, lives ; which last-
mentioned collector or his deputy shall settle with such licenced or
permitted person for the dutj^ aforesaid which may be due from him
or her.

[Sect. 27.] And if any person having a permit or licence, as afore-
said, shall ship or export any of the liquors aforesaid out of this prov-
ince in a quantit}' not less than twentj'-five gallons, and shall produce
to such collector, or his deputv. when he comes to settle his account
of excise, one of the receipts or bills of lading given therefor by the
master of the vessel on board which such liquors shall be shipped (or if it
shall be carried out of the province by land, or in small boats, then of
the person who is master of the land-carriage or boat) , expressing the
quantit}' thereof and the time of their lieing shipped, and shall lodge
such receipt or bill of lading with the collector or his deputy aforesaid,
and at the same time shall swear that such liquors are bond fide sent,
• or intended to be sent, out of tlie province, he or she shall not be held
to \)Vi\ the duty thereon aforesaid.

[Sect. 28.] And if ai\y person not having permit or licence shall
purchase, for exportation out of this province, an}- of said liquors, in a
quantity not less than twenty-five gallons, of a person having permit or
licence, the purchaser shall, within ten da3S after shipping the same,
deliver one of the receipts or bills of lading given for such liquors, as
aforesaid, to the person of whom he purchased the same, or be subject
to pay tlie amount of the duty thereon to the person of whom he pur-
chased the same as aforesaid, who shall pay such duty to the collector or
his deputy ; but if the purcliaser aforesaid shall deliver such receipt
or bill of lading as aforesaid, and it be lodged with the collector or his
deputy, then, for the quantity' of said liquors mentioned therein, the col-
lector or his deputy shall not demand any duty.

[Sect. 29.] And if the master of any vessel, or any other person,
shall give such certificate, receipt or bill of lading, without receiving
tlie liquors mentioned therein, or if any i)crson shall procure sucli cer-
tificate, receipt or bill of lading, with design to defraud the goveinment,
and shall be thereof convicted, they and each of them shall forfeit and
pay the sum of one hundred pounds, two thirds for the use of this gov-
ernment, and the other third for tlie use of the pro.secutor. And if any
such certificate, receii)t or bill of lading shall be forged, counterfeitetl
or altered, the person Ibrgiiig, couuterfeiting or altering shall incur the
penalty of one hundred pounds.

Prodded^ nevertheless, —

[Sect. IJO.] That the person having permit as aforesaid shall not
sell an}' of the li(iuors aforesaid in a (luantify less than fifteen gallons
(to be sold and delivcifd to one person at one time), unless he or she
has licence from the court of general sessions of the peace, as albresaitl,
on pain of incurring the several fines and penalties in the former |)art of
this act, laid upon those persons who sell the liquors aforesaid without
licence.

And be it further enacted,

[Sect. 31.] That every person applying to the collector or his
deputy, or to the impost ofHcer or liis deputy, for a permit, shall give

[3d Sess.]

Province Laws. — 1764-65.

761

Preamble.

Persons Import-
Inff liquors lor
private con-
sumption, Sec,
to render ac-
count thereof to
the collector.

bond, for tlic use of this province, with or without sureties, in a sura not
exceeding two hiindretl pounds nor less tlian twenty pounds, at the
discretion of the collector or impost oflicer, conditioned for the pa^yment
of the excise that shall become due according to the account to be ex-
hibited b}- such person taking such permit ; and no person shall have
such permit of the collector or impost ofTicer until be has given such
bond.

And zchereas the importer of the liquors aforesaid, or the person to
whom the}' shall be consigned, may intend the same either for sale or
for his or her own private consumption, in which case such importer
or consignee is not sufficiently held by any preceeding part of this act
to pa}- the duty or excise aforesaid ; wherefore, in order to lay said
duty or excise in as equal a manner as may be, —

Be it enacted,

[Sect. 32.] That every person that shall bring or import into this
province, either by land- or water-carriage, any of the liquors aforesaid,
either for sale or private consumption, shall, within ten days, pay or
secure to the collector the duties or excise due thereon ; and in case of
failure herein, and being thereof c5nvicted in any court of record within
the same county, shall forfeit and i)ay a fine not exceeding one hundred
pounds, nor less than twenty pounds ; two thirds thereof for the use of
this government, and the other third to him or her that shall inform and
sue for the same : provided, nevertlieless, such importer or consignee
be licensed or permitted, then he shall be held only to rei)ort the same
to the collector of excise, and at the end of the year shall make out
an account expressing the kind and full quantity of the liquors afore-
said, imported or consigned as aforesaid ; and when the account is
rendered to the collector or his deputy, it shall be upon oath ; and such
importer or consignee shall pay to the said collector or his deputy, on the
liquor or liquors mentioned in said account, the duty of excise afore-
said, deducting ten per cent for ordinary leakage, besides extraordi-
nary ; and in case of failure therein, the offender shall pay a fine of
four pounds, and treble duty or excise on the quantity so imported or
brought in, two thirds of which shall be for the use of the province, the
other third for him or them that shall inform and sue for the same.

And be it further enacted,

[Sect. 33.] That tlie collector, or his deputy, shall be and hereby is
obliged to grant a permit, under his hand, to every person ai)pl\ing for
the same and offering security, on the penalty of two hundred pounds,
to and for the use of the person making application ; which permit
shall be in the form following ; viz., —

You, A. B., of C, in the county of U., are hereby permitted to soil nun Form of the
and other distilled spirits, and wine, or any of said liquors, within the comity i*™'*-
of ,untillthe day of , one thousand seven

hundred and , pursuant to an act of this province, made in

the fiftli year of his majesty's reisrn. intituled "An Act for granting unto his
majesty an excise upon spirits distilled, and wine, and upon limes, lemnioiis
and oranges." Dated at C, this day of , 17G .

A. IJ., Collector (or deputij-collector) nf excise for the count n aforesaid.

And for such permit the said collector or deputy shall be entitul(<l ^''^^^^^j"" »
to receive twopence, and no more ; and the like sum for an entry madi: '""""' "
with him, and the like sum for a certificate given by him.

And be it farther enacted,

[Sect. 34.] That the collector of excise, either by himself or his r..iiect«r u.
dei)Uty, shall keep an office in each seaport town within his county, lZu'^"^,»n^''
where" he or his deputy shall give his attendance on every Tliursday, town. &c.
from nine of tlie clock in the morning to twelve at noon, to grant
permits, to receive entries, give certificates, &c.

Collectors tt
grant a pciialt
on penalty.

762

Peovlnce Laws. — 1764-65.

[Chap. 29.]

Preamble.

Persons import-
ing liquors as
if'uresaid, to
give bond.

Doputy col.
li-ctors liable to
inilitai-y duties.

All persons who
had permitN or
liceiiHi' to stil
ll(|iiorN, and
Hliall not HMiew
tile Haine, to
vecounl lor the
duties.

Collector of the
clntleH of cxcifie,
to aec'oiint for
nil wine, &e.,
Hold or con-
Sinned by lliem.

Provided, —

[Sect. 35.] That in the town of Boston such an ofl3ce shall be
kept and attendance given on every day. Lord's Daj^ onl}- excepted,
within the hours aforesaid of each of said days respectively.

Provided., also, —

[Sect. 36.] That the said collector or his deputy, on application
made, shall at any other time grant permits, receive entries and give
certificates qforesaid.

And whereas persons not belonging to this province ma}- import the
liquors aforesaid, and take permit to dispose of the same, and may go
out of the province before the time comes about when persons selling
said liquors are held to account with the collector, and by that means-
may avoid paying the duty upon what has been so disposed of; for
preventing v/hereof, —

Be it enacted,

[Sect. 37.] That every person importing the liquors aforesaid, and
applying to the collector or his deputy for a permit to sell the same,
shall give bond to said collector, in a sum not exceeding two hundred
pounds nor less than twenty pounds, with one surety, to be approved of
by a justice of the peace, that he will render to the said collector or
his deputy an account, on oath, of the kind and full quantity of the
liquors aforesaid sold b}' him, or bv any person or persons on his behalf,
and that he will pay thereon the dut}- or excise aforesaid before he
leaves the province ; and if such person shall refuse to give such bond,
the said collector or his deputy shall not be obliged to grant him a
permit, an3'thing in this act to the contrary notwithstanding ; and if
such person shall sell any of the liquors aforesaid without permit, he
shall be subject to all the penalties that other persons selling without
permit are subject to ; or if such person shall give bond as aforesaid,
and shall leave the province before such bond be discharged, the col-
lector ma}' bring his action on such bond against the surety, for the
recovery of the sum in such bond mentioned, which shall be, one third
for the use of the prosecutor, the other two thirds for the use of this
government.

Be it farther enacted,

[Sect. 38.] That no person shall be exempted from any military
duty by means or on account of his being appointed a deputy collector
of the duties or excise of sinrituons liciuouj, but shall be liable, to all
intents and purposes, to train, be impressed and [)erform eveiy other
military diit}', as if such person had not been appointed a deput}'
collector as aforesaid.

Be it farther enacted,

[Sect. 3D.] That all persons who took out permits in the preceeding
}eai-s, and do not renew the same, shall, at the end of the year from
ami after the twenty-fifth day of March next, and until the twenty-
sixth day of March, one thonsand seven hundred and sixty-six, I'ender
to the collector or his de[)Uty that shall or may be a[>pointe(l in the
respective comities by vertiie of this act, an account, on oath, of all
li(lii()!-s rcniaiuiiig in their hands and consumed in his, her or their
families dining the continuance of this act, and pay the duties herein
imposed, deducting ten per cent lor ordinary leakage besides extraordi-
nary leakage, upon penally of twenty pounds, one half to the informer,
the other half to and for the use of this piovineo.

Be it farther cniicted,

[Si;(;t. 40.] That every person that has been or may be appointed
collector of the duties al'oi'esaid, who shall import into tliis province, or
shall have, b}' consignment or otherwise, or shall sell or dispose of any
wine, rum or spirits distilled, limes, lemmons or oranges, or shall use

[oD SeSS.J

Province Laws. — 1T64-G5.

763

or consume tlie same, such collector shall take, keep and render a like
account thereof, upon oath, to the province treasurer (wlio is hereby
impowered to administer the same in tlie form by tiiis act prescribed),
and pay to him tlie like duties thereon as such person so aiipoint('(l
collector would otherwise have been held and obliged to have taken,
kept, rendered and paiil to the collector of the duties aforesaid ; and
that the same be done in like manner and time, and under the like
pains and penalties, as by this act in such cases is piovided.

Be it further enacted,

[Sect. 41.] That all fines, penalties and forfeitures arising or ac-
cruing by any breach of this act, and not otherwise appropriated, shall
be two thirds to his majesty, for the use of this governnicut, and the
other third for the use of the prosecutor, to be recovered bj' action or
information in an}- of his majesty's courts of record.

And be it enacted,

[Sect. 42.] That the several collectors by the general court chosen,
in the present session, on the thirty-first dav of January last, ])efure
the passing this act, be and hereby are declared to be collectors of the
several duties granted liy this act, to all intents and purposes, as if
chosen after the passing the same, giving bonds as by this act required.

And to the end that the most beneficial use may be made of the
monies proposed to be raised by this act, —

Be it enacted and declared,

[Sect. 4.3.] That all the monies thence arising, and paid into the
publick treasury, shall be and hereby are appropriated to the jjaymeut
of the interest clue on securities given by the province treasurer for the
payment of sums heretofore borrowed, and to uo other use. \_Passed
March 7, 1765.

flow flncB, &c.,
arlHing by this
net, are to be-
disposed of.

Collectors
already chosen
declared to be
the officers to
execute this acU

Moneys arising
hereby, appro-
priated to dis-
charge the in-
terest on gov-
ernment securi-
ties.

CHAPTER 3 0.

A.N ACT FOR ALLOWING NECESSARY SUPPLIES TO THE EASTERN
INDIANS, AND FOR REGULATING TRADE WITH THEM AND PRE-
VENTING ABUSES THEREIN.

"Whereas an act intitled ''An Act for allowing necessary supplies
to the eastern Indians, and for regulating trade with them and prevent-
ing abuses therein," is near expiring, and it is expedient for his
majest3''s service that other provision shouhl be made instead thereof, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1 .] That provisions, cloathing and other suital)le supplies for
a trade with the Indians, be procured with the several sums that have
been, now are, or shall hereafter be granted for that purpose Ity the
general court, and applied, from time to time, for supplying the said
Indians as aforesaid, by such person or pei'sons as shall l)e annually
chosen by the court, who shall proceed according to the instructions
they shall receive from this court, or from the commander-in-chief for
the time being, by and with the advice of the council, on any cmei-gency
in the recess of tlie court: provided such instructions and directions be
consistent with siich instructions as are or may be given by the general
court ; and all supplies of cloathing. provisions or other necessaries
shall be lodged at such places in the eastern pai-ts of this province, and
elsewhere, as the general court have ordered, or may hei-eafter order.

Ayid be it further enacted,

[Sect. 2.] That a suitalile person be appointed by this court for
each of the places where any of the goods aforesaid are lodged, as

Preamble.
1763-&1, chap.
32.

Indians to be
t<ii]>plied by per
BOMS appointed
by the general
court.

Tnickmaslers,
)iow to be
appointed.

764

Peovlnce Laws. — 1764-65. [Chap. 30.]

To be under
oath and give
Becurity.

Their duty
prescribed.

No other per-
sons in the
truck-houses
permitted to
trade with tho
Indians.

Penalty.

Prices of goods
sold to the
Indians, and of
furs received
from them,
regulated.

Truck-masters
to conform to
such prices.

On penalty of
£00, &c.

And to make
oatli to his
accounts.

truck- masters for the management of the trade with the Indians ; and
be paid for liis service sucli sum or sums as this court shall judge
reasonable for his allowance in said capacity ; and in case of the death
or removal of am' one or more of said truck-masters during the recess
of the court, another shall be put in his room by the commander-in-chief,
with the advice of the council ; and all truck-masters shall be under oath,
and give sufficient security to the province treasurer for the faithful dis-
charge of their trust, and shall observe the instructions which, from
time to time, shall be given them, and they shall not trade, either by
themselves or b}' any person under them, with the Indians, except it be in
the capacit}' of a truck-master ; neither may any officer or soldier, residing
at or within any of the truck-houses, or any other person in the pay of
this government, either on account of themselves, or any other person
or persons, presume to trade with the Indians, on board any ship or
vessel or transport, in those parts, for anj- of the aforementioned goods ;
nor shall it be lawful for any person or persons to sell, truck, barter
or exchange with any Indian or Indians, any sti'ong beer, cyder,
wine, rum, brand}' or any other strong liquors, cloathing, or any other
thing whatsoever the Indians may want, on penalt}' of fort}' shillings,
or three months' imprisonment for each and ever}^ offence above men-
tioned.

And be it further enacted,

[Sect. 3.] That the said truck-master shall sell the goods to the In-
dians at the prices set in the invoices sent them from time to time by
the commissary, which shall be the same which he gave for the goods
in the town of Boston, with a reasonable advance thereon, sutfieient to
l)ay the charge of transportation and all other charges arising thereon ;
and shall allow the Indians, for their furrs and peltry, as the maikct shall
be at Boston, according to their several qualities, by the latest advices
that they shall receive from the said officer, who shall send the prices
to the several truck-masters at least twice in a year ; viz., every spring
and fall ; and the truck-masters may suppl}' the Indians with rum in
moderate quantities, as they shall, in prudence, judge convenient and
necessary.

[Sect. 4.] And in case any of the truck-masters shall presume to
sell any goods at higher rates than they are set at by the government,
or shall charge the government more for any furrs or other goods than
they allowed the Indians therefor, such truck-master, being convicted
thereof, shall forfeit and pay the sum of fifty pounds, and shall thence-
forth be altogether disabled to hold or exercise any office within this
government ; and the more ellcctually to prevent or detect any such
pernicious practices, each and every truck-master, when and so often as
he shall settle and adjust his accounts with the said officer appointed by
this court for sui)plying the Indians (which shall be at least once in a
year, and oftner if required), shall make oath before the said officer,
who is hereby authorized and appointed to administer the same, in
manner following; viz..—

Truck-mas tcr'i
oath.

You, A. n., do swoar that the goods committod to you for the supply of
tlie Indians, havo lu'cn sold at no hii^licr rato than tlioy were set at by the
govcrinnciit. and thiit you have cliar!.!:<'il for th(^ furs and goods yon have made
return of, no more tiian yon liavi>pai(l tlio bidians for tliom ; and tliat neither
you, nor any one luidi-r you,. or by yoiu- connivance, have, on your private ac-
coiuit, made any trade or barter with the Indians since tlie conunenccinent of
tins act. So lielp y^u CJod.

And for the l)etler discovery of such ill-disposed persons, who,
thiough greediness of filthy lucre, and regardless of the puldic good,
shall privately sell or deliver any sort of strong diink to any Indian or

[3d Sess.]

PnovTNCE Laws. — 1764-65.

70;-)

Indians, of which it is difBcult to obtain positive evidence, other than
the accusation of such Indian or Indians. —

Be it further enacted^

[Sect. 5.] That the accusation and affirmation of any Indian or
Indians, the accuser and the accused being brought face to face at the
time of trial, shall be accounted and held .to be a legal conviction of
the person accused of giving, selling, or delivering strong drink to such
Indian or Indians, unless the person accused shall acquit himself, upon
oath, which the court, in all such cases, are hereby impowered to ad-
minister in the form following; viz., —

You, A. B., do swear that neither yourself, nor any other by your order,
general or particular assent, privity, knowledge or allowance, directly or indi-
rectly, did give, sell or deliver any wine, cyder, ruin or other strong liquors or
drink, by what name or name soever called or known, unto the Indian by
whom or whereof you are now accused. So help you God.

Method of con -
vlction (if pri-
vately i^rlllli^f
Btrnii<; drink to
the Iiidiuim.

And he it farther enacted,

[Sect. 6.] That upon the complaint or information of any other
person for the breach of this law. there being such circumstances as
render it highly probable, in the judgment of the justice of the peace
before whom the trial shall be, that the person complained of is guiltj
of the breach of the said act ; then and in every such case, unless the
defendant shall acquit himself upon oath, to be administred to him b}-
the justice before whom the trial shall be, the same shall be accounted
a legal conviction of the defendant, for the breach of this law. of which
he or thej' shall be accused, and he or they shall pay and suffer the
penalty already b}' this act provided ; but in case the defendant shall
acquit himself upon oath, to be administred to him as aforesaid, that
then he shaU recover against the complainant double his cost occasioned
b}' such prosecution.

And ichereas many complaints have been made by the Indians re-
specting the P^nglish hunters destroying beaver and other furr, also the
beaver dams, and there being danger of great mischief ensuing there-
from,—

Be it therefore further enacted,

[Sect. 7.] That no ]x?rson or persons, other than Indians, from
and after the twentieth day of June next, shall hunt or take an}* beaver,
sables or other furrs, to the northward or eastward of Saco truck-house,
or the place where the said truck-house stood, except in the towns or
plantations where the^' dwell, on penalty of forty shillings for every
such offence, to be recovered by complaint to a justice of the peace, in
manner aforesaid ; and in case any such fiur be found in the possession
of any person or persons who has hunted contrar3'to this act, and who
cannot give a satisfactory account, to the justice of the peace before
whom the trial may be, how they came by the same, it shall be a suffi-
cient evidence to convict such person or jjersons of a breach of this
act ; and he or the}' shall forfeit the said furr, and incur the penalty
aforesaid.

And be it further enacted,

[Sect. 8.] That the fines and penalties incurred by this act shall
be disposed of, one half to the informer, and the other half to be paid
to the truck-master in whose district the same may be tried, for the re-
lief of Indian widows and children who mav most staml in need of the
same.

And be it further enacted.

[Sect. 9.] That if any person or persons shall hereafter be convicted
of false swearing in any case in this act mentioned, he or they shall be
lialile to the same pains and penalties as is already Ity law provided
against wilful perjury.

Dcfi'ndant may
acquit liimsclf
upon oath.

Preamble.

EDglixb bun-
tors nslraiuc'd
fruiu hunting
beaver, &c.

Method of con
victiun.

Forfeiture.

PcnaltieR op-
plied.

Penalty for
faUc sweAfing.

766

Peovtnce Laws.— 1764-65. [Chaps. 31, 32.]

Proviso for
persons to
trude with the
Indians, being
licensed.

Limitation of
the act.

Provided, nevertheless, —

[Sect. 10.] That it shall and ma}' be lawful to and for the governor
or comraaudar-in-chief for the time being, b}' and with the advice of
his majesty's council, to grant licences unto such persons as they shall
find it necessary, to trade with the Indians ; such persons so licenced
giving bond, with sufficient bondsmen, in a competent penalty', to con-
form to such regulations, limitations and restrictions as the governor,
with the advice of the council, shall determine.

[Sect. 11.] This act to continue and be in force for one ycsLV from
the end of the session of the general court, in Ma}', one tlionsand seven
hundred and sixtj'-five. [^Passed March 7, 1765.

CHAPTEK 31.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS THAT ARE
EXPIRED OR NEAR EXPIRING.

Acts revived.

To enable over-
seers of the
poor, &c.
1736-37, ch. 4.

For preventing
petitions to the
general court.
175.^56, ch. 39.

Respecting poor
and disorderly
persons.
1755-06, ch. 43.
Ferries.
1759-60, ch. 21.
Weymouth fish-
act.

1759-60, ch. 32.
Regulating
assize of
sliinglcs, &c.
176:i-*j3, ch. 5.

Continuation.

Whereas the several acts hereinafter mentioned, which are expired
or near expiring, have been found useful and beneficial ; namely-, one
act made in the ninth and tenth xcavs of the reign of King George the
Second, intituled "An Act to enable the overseers of the jjoor, and
selectmen, to take care of idle and disorderl}' persons ;" two acts made
in the twenty-ninth 3'ear of the same reign ; one, intituled " An Act for
preventing petitions to the general court, relating to licences for retail-
ing strong drink and keeping houses of publick entertainment;" the
other, intituled "An Act in addition to the several acts and laws of
this province, now in force, respecting poor and idle, disorderly and
vagrant, persons ;" two acts made in the thirty-third year of the same
reign, one intituled '" An Act relating to ferries ; " the other, intituled
•• An Act to enable the town of Weymouth to regulate and order the
taking and disposing the fish called shadd and alewives, within the
limits of that town ; " one act made in the second year of his present
majesty's reign, intituled "An Act for rendering more cflTcctual the
laws already made relating to shingles, and for regulating the assize of
staves, hoops and clapboards : " —

Be it therefore enacted hij the Governor, Council and House of
Representatives,

That such of the beforementioned acts as are expired, be revived,
and such of the said acts as are not yet expired, be continued, with all
and every article, clause, matter and thing therein res[)ectively con-
tained, and shall be in force until the twcnty-fiftli day of March, wliicli
will be in the year of our Lord one thousand seven hundred and seventy.
[^Passed 3Iarch 7, 17Go.

Preamble.
17:.fi-.'>7, chap.
V2, § 0.

CHAPTER 32.

AN ACT IN ADDITION TO AM) IN EXi'LAN-VTION OF AN ACT, INTITULED
"AN ACT I'OIl rilOVIDING AND MAINTAINING TWO ARMED VESSELS
TO GUARD THE COAST, AND FOR SUi'I'LYING THE TREASURY WITH
SEVEN THOUSAND POUNDS FOR THAT END."

WiiEUEAS, in and by an act made in the second * year of his majesty's
reign, intitlcd '-An Act for providing and maintaining two armed

• Tho act intended i.s evidently the act referred to in the margin, and hearing Mii.s
title. It waM passed in the tliir'tietli year of the reicjn of Georse IT. No such act.
was jiasscd iu tlio reijjn of George III., previous to the date of the present chapter;

[3d Sess.]

Province Laws. — 17G4-Go.

707

vessels to guard the coast, and for supplying the treasury with seven
llioiisaud pounds for tliat end," it is, among other things, provided,
tliat notliing in llie said act shall be construed to extend to anv quantity
of any of the coinnioilities, in the said act mentioned, " which shall lie
sold ibr consumption out of this province, to any person not belong-
ing thereto ; and the person selling shall produce a certillcate from
llie puichascr, under oath, that he, bond Jlde, purchased the same with
intent to carr}' it out of this government, and there to be consumed " ;
aud icfiereas doubts have arisen on those words, " to any person not
belonging thereto," and some have apprehended that aliho' the said
commodities shall be sold for consumption out of the province, 3et if
they arc sold to an inhabitant of this province, that the said act extends
to them, —

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

That nothing in the said act shall be construed to extend to any
quantity' of the commodities in said act mentioned, which shall be sold
for consumption out of this i)rovincc : provided, that the person selling of tiiu province
shall produce a certmcate Irom the purchaser, under oath, that he, bona excise.
//cZc, purchased the same, with intent that it should be carried out of
this province, there to be consumed ; and that he verily believes it has
been carried out of the province, and that, for ought he knows, has been
or will be there consumed according. [^Passed March 7, 1765.

Inliabirantg bpII
ill!; loas, ice, to
be carried out

CHAPTER 33.

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

We, his majesty's most dutiful and loyal subjects, the representatives Preamble,
of the province of the Massachusetts Ba}-, in New England, being
desirous of lessening the publick debts, have chearfuUy and unani-
mouslv given and granted, and do give and grant, to his most excellent
majesty, for the service of this province, as they shall hereafter apply
it, the several duties of im^wst upon all liquors, wares, goods and mer-
chandize that shall be imported into this province, and tunnage of ship-
ping hereafter mentioned ; and pray that it ma}' be enacted, —

And he it accordingly enacted by the Governor, Council and House
of Representatives,

[Sect. 1.] That from and after the twenty-fourth day of ]March,
one thousand seven hundred and sixty-five, to the tweiity-fiftli day of
March, one thousand seven hundred and sixty-si.x. there shall be i)aid
by the importers of all wines, rum and other liquors, goods, wares and
merchandize that shall be imported into this province by any of the
inhabitants thereof (except what is by this act hereafter exempted),
the several duties of impost following ; viz., —

For every pipe of wine of ever}' sort, five shillings. R.iuii of imiM)M

For every hogshead of rum containing one hundred gallons, eight
shillings.

For every hogshead of sugar, foui-pence.

For every hogshead of molasses, fompence.

For every hogshead of tobacco, ten shillings.

For every ton of bar-iron, eight shillings per ton.

althonp;]) certain duties knposecl hy 1750-57, chapter 12, were continued by an act of
thi" third year of that sovcni^rn's r(i;:n (170;>-<i4, chapter 8). This mistake in tho
n-p'al year appears in \hr orifiinal liill as well aa in the printed act, and, presninahly,
in tlic ungrosstucnt, also, wliich is missing.

768

Province Laws. — 1764-G5,

[Chap. 33.]

Double impost
to be paid for
ijoofls imported
by tlie inliabit-
aiits of otbcr
colonies, &c.

Proviso.

Drawback of
tlie whole im-
post to the ex-
porter, in case.

Masters of ves-
sels to make
report.

To forfeit, In
caKc of breaking
bulk.

Invoice to be
produced.

For every pound of tea that shall be imported from any of his
majest3''s plantations in America, fourpence.
— And so, proportion abl}', lor a greater, or less quantity.

And for all other commodities, goods or merchandize not mentioned
or not excepted, fourpence for ever}- twenty- shillings' value, excepting
such goods as are imported from Great Britain.

[Sect. 2.] And for any of the above-mentioned liquors, goods,
wares and merchandize (excepting tea. which shall onl}' pay fourpence)
that shall be imported into this province by an}* of the inhabitants of
the other provinces or colonies on this continent, or of the English
West-India islands, in any ship or vessel to them belonging, on the
proper account of any of the said inhabitants of the said provinces,
colonies or islands, there shall be paid by the importers double the
impost laid bj' this act : ■provided, cdwmjs, that every thing which is the
growth or produce of the provinces or colonies aforesaid (tobacco and
bar-iron excepted) , and all provisions, salt, cotton-wool, pig-iron, ma-
hogany, brazilleto, black-walnut, lignum-vitae, red-cedar, logwood,
hemp, raw skins and hides, and also all prize goods brought into and
condemned in this province, are and shall be exempted from eveiy the
rates and duties aforesaid.

And be it further enacted,

[Sect. 3.] That all goods, wares aixl merchandize, the property of
an}' of the inhabitants of any of the neighbouring pi'ovinces or colonies
on this continent, that shall be imported into this province, and shtiU
have paid, or on which there shall have been secured to be paid, the
dut}' of impost, by this act provided to be paid, and afterwards shall be
exported and landed in an}' of the said provinces or colonies on this
continent, then and in sucli case the exporter, producing a certilicate
from some officer of his majesty's customs, that the same has been
landed in some of the provinces or colonies aforesaid, shall be allowed
a drawback of the whole duty of impost b}- him paid, or secured to be
paid, as b}' this act provided.

And he it further oiKirted,

[Sect. 4.] That the master of every shij) or vessel coming into this
pro\ince from an}' other place, shall, within forty-eight hours after his
arrival in any port or harbour, and befoi'c bulk is broken, make report
and deliver a manifest, in writing, under his hand, to the commissioner
aforesaid, of the contents or loading of such ship or vessel, therein
particularly expressing the species, kind and quantities of all wines,
liquors, goods, wares and merchandize imported in any such ship or
vessel, with the marks and numbers thereof, and to whom the same are
consigned ; and make oath before the commissioner that the same mani-
fest contains a just and true account of all the lading taken on board
and imported in such ship or vessel, so fur as he knows or believes ;
and that, if he knows of any more winei^, liquors, goods, wares or
merchandize laden on l)oar(l such ship or vessel, and iinpt)rted therein,
he shall forthwith nuikc report thereof to the commissioner aforesaid,
and cause the same to be added to his manifest.

And be it farther enacted,

[Sect, o.] That if the master of :'ny ship or vessel shall break
bulk, or suffer any of the wines, liquors, goods, wares and merchandize
imported in such ship or vessel to lie unladen before ivport and entry
thereof be made as aforesaid, he shidl forftat the suin of one hundred
pounds.

And be it further enacted,

[Sect. G.] That all merchants and other persons, being owners of
any wines, liquors, goods, wares or ui(!rchandiz(> imported into this
province, for which any of the rates or duties aforesaid are payable, or

[3i) Skss.]

Pkovinck T.aws. — 1 TG4-G5.

7G9

having the same consigned to them, sliall make entry thereof witli the
commissionei' aforesaid, and produce an invoice of all sucli goods as
pay ad valorem^ and make oath before him iu tlie form following ; viz., —

You, A. B., do swear that the entry of goods and merchandize, by you now Oath,
made, and the value tliereof annexed, is, bondjfde, according to your best skill
and judgment, agreeable to the price current or the market price of said
goods. So help you God.

— which oath the commissioner or receiver, appointed in consequence
of this act, is hereby impowercd and directed to administer; and the
owners aforesaid shall pa}' the said commissioner, or give security to
pay, the dut}' of impost b}' this act required, before such wines, liquors,
goods, wares or merchandize be lauded or taken out of the vessel in
which the same shall be imi)orted.

[8kot. 7.] And no wines, liquors, goods, -wares or merchandize
that b}' this act are liable to pay impost or duty, shall be landed on any
wharf, or in an}- warehouse or other place, but in the day-time only,
and that after sunrise and before sunset, unless in the presence or with
the consent of the commissioner or receiver, on pain (^' forfeiting all
such wines, liquors, goods, wares and merchandize, and the lighter,
boat or vessel out of which the same shall be lauded or put into any
warehouse or other place.

[Sect. 8.] And if any person or persons shall not have and pro-
duce an invoice of the quantities of rum or other liquors to him or
them consigned, then the cask wherein the same are, shall be gauged at
the charge of the importer, that the contents thereof may be known.

Provided, nevertheless, —

[Sect. 9.] That the said commissioner shall be and hereby is al-
lowed to give credit to such person or persons whose duty of impost in
one vessel shall not exceed six pounds ; which credit shall be so limited
as that he shall settle and ballance his accompts with every person, on
or before the twenty-fifth day of March, one thousand seven hundred and
sixt}--six, that the said accompts may be produced to this court as soon
as may be after ; and for all entries where the impost to be paid doth
iiot exceed three shillings, the said commissioner shall not demand any-
thing, and not more than sixpence for any other single entry, to what
value soever.

A)id be it further enacted,

[Sect. 10.] That the imi)orter of all wines, liquors, goods, wares
and merchandize, from and after the twenty-fourth day of March, one
thousand seven hundreil and sixty-five, and until the twenty-fifth day
of March, one thousand seven hundred and sixty-six, by land-carriage,
or in small vessels or boats, shall, within twenty-four hours af\er im-
portation, make report and deliver a manifest thereof to the commis-
sioner aforesaid or his deputy, therein particularly expressing the
species. Icind and quantity of all such wines, liquors, goods, wares and
uicrcliandize so imjjorted, with the marks and numbers thereof, when,
how and by whom brought ; and shall make oath, before tiie said com-
missioner or his deputy, to the truth of such report and manifest, and
shall also pay or secure to be paid the several duties aforesaid by this
act charged and chargeal)le ujjon such wines, liquors, goods, wares and
merchandize, before the same are landed, housed or put into any store
or place whatsoever, under penalty of ten pounds.

And be it further enacted,

[Sect. 11.] That every merchant or other person importing any
wines in this i)rovince, shall be allowed twelve per cent for ordinary
leakage, besides extraordinary : provided such wines shall not have
bi en liileil up on board ; and tliat every hogshead, butt or i)ipe of wine

Duties to be
paid before
lunding.

CommiBsioner
allowed to give
credit.

Importer by
land-c.irriiigo.or
in small vvi<sel8,
to make report.

Allowance for
leakage.

770

Peovince Laws.— 1764-65. [Chap. 33]

Master allowed
to detain goods
not entered or
the duty not
paid.

Master liable to
be sued.

Ships, &c.,
liable to be
taken in execu-
tion.

that bath two-thirds thereof leaked out, shall be accounted for outs,
and the merchant or importer shall \yay no dut}' for the same. And
no master of any ship or vessel shall suffer any wines to be filled up
on board without giving a certificate of the quantity so filled up, under
his hand, before the landing thereof, to the commissioner or receiver
of impost for that port, on pain of forfeiting the sum of one hundred
pounds.

[Sect. 12.] And if it ma}- be made to appear that any wines im-
ported in an}' ship or vessel be decayed at the time of unloading
thereof, or in twenty da^s afterwards, oath being.made before the com-
missioner or receiver that the same hath not been landetl above that
time, the dnties and impost paid for such wines shall be repaid unto the
importer thereof.

And be it further enacted^

[Sect. 13.] That the master of every ship or vessel importing any
liquors, wines, goods, wares or merchandize, shall be liable to pa}- tlie
impost for such and so much thereof, contained in his manifest, as shall
not be duly entered, and the duty paid for the same by the person or
persons to whom such wines, liquors, goods, wares or merchandize are
or shall be consigned. And it shall and may be lawful, for the master
of every ship or other vessel, to secure and detain in his hands, at the
owner's risque, all such wines, liquors, goods, wares and merchandize
imported in an}- ship or vessel, until he receives a certificate, from the
commissioner or receiver of impost, that the duty for the same is paid,
and until he be repaid his necessary charges in securing the same ; or
such master may deliver such wines, liquors, goods, wares and merchan-
dize as are not entered, unto the commissioner or receiver of impost in
such port, or his order, who is hereby impowercd and directed to receive
and keep the same, at the owner's risque, until the impost thereof, with
the chai'gcs, be paid or secured to be paid ; and then to deliver such
wines, liquors, goods, wares or merchandize as such master shall direct.

And be it farther enacted^

[Sect. 14.] That the commissioner or receiver of impost in each
port, shall bo and hereby is imi)owered to sue the master of any ship or
vessel for the impost or duty of so much of the lading of any wines,
liquors, goods, wares or merchandize imported therein, according to
the manifest to be by him given upon oath, aforesaid, as shall remain
not entered and the duty of impost therefor not i)aid or secured to b?
paid. And where any goods, wares or merchandize are such that the
value thereof is not known, whereby the impost to be recovered of
the master, for the same, cannot be ascertained, the owner or person to
whom such goods, wares or merchandize are or shall be consigned, shall
be summoned to appear as an evidence at the court where such suit I'or
the impost and the duty thereof shall be brought, and be there required
to make oath to the value of such goods, wares or merchandize.

And be it farther enacted,

[Sect. !;">.] That the shi[) or vessel, with her tackle, apparel and
furniture, the master of which shall make default in anything by this
act requiied to be performed by him, shall be liable to answer and
make good the sum or sums forfeited by such master, according to this
act, for any such default, as also to make gootl the impost or duty for
all wines, liquors, goods, wares and merchandize not entered as afore-
said, or for which the duty of impost hath not been paid ; and upon
judgim-nt recovered against such master, the said ship or vessel, with
so much of the tackle or appurti-nances thereof as shall be sullicient to
satisfy said judgment, maybe taken by execution for the same; and
the coinmissioner -or receiver of the impost is lu'rel)y iinpowi-red to
make seizure of the said ship or vessel, and detain the sanu' under

[3d Sess.]

Province Laws.— 17G4-65.

seizure until jiidginent be *y\\vu in any snit to bo commenced and
prosecuted for any of the said ("oiCeitiues, or for tlie duty aforesaid ; to
tlie intent, tliat if judgment be lendered for the i)rosecutor or informer,
such ship or vessel and appurtenances maybe ox[)osed to sale, for satis-
faction thereof, as is before provided: M/t/e.s.s the owners, or some on
their behalf, for the releasing of such ship or vessel from under seizure
or restraint, shall give sullicient security to the commissioner or re-
ceiver of im[)0st that seized the same, to I'cspond or satisf^y the sum or
value of the forfeitures and duties, with tlie charges, tliat shall be
recovered against the master thereof, upon such suit to be brought for
the same, as aforesaid ; and the master occasioning such loss or dam-
age unto the owners, througli his default or neglect, shall bo liable unto
their action for the same.

And be it farther enacted,

[Sect. 10.] That the naval officer within any of the ports of this
])rovince shall not clear or give passes to any master of any ship or
vessel outward bound, until he shall be certitied, by the commissioner
or receiver of impost, that the dut}- and imjjost for the goods last im-
ported in such ship or vessel arc paid or secured to be paid.

[SiiCT. 17.] And the commissioner or receiver of impost is hereby
imi)0wered to allow bills of stoi'O to the master of any sliip or vessel i;n-
l)orting i\uy wines or liquors, for such private adventures as shall belong
to the master or seamen of such ship or vessel, at the discretion of the
commissioner or receiver, not exceeding three per cent of the lading ;
and the duties ])ayable b}' this act, for such wines or liquors, in such
bills of stores mentioned and expressed, shall be abated.

And for the more effectual preventing any wines, rum or other dis-
tilled spirits being brought into the province from the neighbouring
governments, by land, or in small boats or vessels, or an}' other way,
and also to prevent wines, rum or other distilled si)irits being first sent
out of this province, and afterwards brought into the government
again, to defraud the government of the duties of impost, —

Be it enacted,

[Sect. 18.] That the commissioner and receiver of the aforesaid
duties of impost shall, and he is hereby impowered and enjoined to,
appoint one or more suitable person or persons as his deputy or depu-
ties, in all such places of this province where it is likely that wine, rum
or other distilled spirits will be brought out of other governments into
this ; which officers shall have power to seize the same, unless the
owner shall make it appear that the duty of impost has been paid
therefor since their being brought into or relanded in this government ;
and such oflScer or officers are impowered also to search, in all sus-
jjoctod i)laces, for such wines, rum or other distilled spirits, or for tea,
brought or relanded in this government, wherO the dut}' is not paid as
aforosai;!, and to seize or secure the same for the ends and uses as in
tiiio act is hereafter provided.

And be it further enacted,

[Sect. I'J.] That the commissioner or his de[)uties shall have power
to administer the several oaths aforesaid, and soaich in all suspected
places for ail such wines, rum, liquors, tea, goods, wares and merchan-
dizo as arc brought into this province, and landed contrary to the true
latent and meaning of this act, and to seize the same for the uses
hereinafter mentioned.

And be it further enacted,

[Sect. 20.] That if the said commissioner, or his deputy, shall
have information of any wines, rum or other distilled spirits, or tea,
being l>rought into and landed in any |»lace in this province, for whii-h
the duties aforesaid shall not have been paid after their being bn^ight

X.ival officer nt t
to clear vi'sscIb
till iinposl bu

Bills of store to
bo ullowcd.

Preamble.

Commissioner
to appoint uQi-
ccrs ill places
where wines,
rum, &c., may
bo brought out
of other govern-
ments.

Coramii'sloner
or deputy em-
powrri-il to
u(lmini!>tcr iho
oulhs, &c.

The commlii-
sloncror deputy,
upon informa-
tion of nny
li(|UorH being
brought iutu

772

Province Laws. — 1764-65.

[Chap. 33.]

this province,
and the duty not
paid, to apply to
a justice I'or a
■warrant to
search, &c.

Tonnage of
shipping.

VcBseU to be
ineasurcd, If
Hiispcctc'd.

Drawback for
uini', ruin, and
tea, allowed, In
oaso.

into or relanded in this government, he ma}' appl}* to an}- justice of
the peace within the count}', for a warrant to searcli such place ; and
said justice shall grant such warrant, directed to some proper officer,
upon said commissioner or his deputy's making oath that he has had
information as aforesaid ; and having such warrant, and being attended
by such officer, the said commissioner or his deputy may, in the day-
time, between sunrise and sun-setting, demand admittance, of the person
owning or occupying such place, and, upon refusal, shall have right to
break open such place ; and, finding such liquors or tea, may seize and
take the same into his own custody ; and the commissioner aforesaid, or
his deputy, shall be and hereby is impowered to command assistance,
and impress carriages necessary to secure the liquors or tea seized as
aforesaid ; and any person refusing assistance, or preventing any of the
officers aforesaid from executing their office, shall forfeit five pounds to
the said commissioner ; and he or his deputy shall make reasonable
satisfaction for the assistance aforesaid and carriages made use of, to
secure the liquors or tea seized as aforesaid ; and the commissioner or
his deputy shall then file an information of such seizure in the infeilour
court of common pleas for the county where such seizure shall be
made, which court shall summon the owner of such liquors or tea, or
the occupier of such shop, house or warehouse, or distill-house, were*
the same were seized, to appear and shew cause, if any he has, why
such liquors or tea so seized shall not be adjudged forfeited ; and if
such owner or occupier shall not shew cause as aforesaid, or shall make
default, the said liquors or tea shall be adjudged forfeited, and the
said court shall order them to be sold at public vendue ; and the nett
l^roduce of such sale shall be paid, one half to the province treasurer
for the use of tliis province, and the other half to the said commissioner.

And be it further enacted,

[Sect. 21.] That there shall be paid, by the master of every ship
or other vessel, coming into any i^ort or ports of this province, to tra-le
or traQick, whereof all the owners are not belonging to 'this province
(excepting such vessels as belong to Great Britain, the provinces or
colonics of Pennsylvania, West and East Jersey, Connecticut, New
York, New Hampshire, Rhode Island and Nova Scotia), every voyage
such ship or vessel doth make, one pound of gooil pistol-powder for
every ton such ship or vessel is in burthen : saving for that part which
is owned in Great Britain, this province, or any of the governments
aforesaid, which are hereby exempted ; to be paid unto the commis-
sioner or receiver of the duties of impost, and to be employed for the
uses and ends aforesaid.

[Si;cT. 22.] And the said commissioner is hereby impowered to
appoint a meet and suitable person, to repair unto and on board any
shi[) or vessel, to take the exact measure and tuunage thereof, in case
lie shall suspect the register of such ship or vessel doth not express
and set forth the full burthen of tlie same ; the charge thereof to be
j)aid by the owner or master of such ship or vessel, before she shall
l)e cleared, in case she shall ai)pear to lie of greater burthen : otherwise,
to be paid by the commissioner out of the money received by him for
impost, and shall be allowed him, accordingly, by the treasurer in his
accompts. And the naval officer shall not clear any vessel, until he be
certified, also, by the commissioner, tliat the duty of tunnage Ibr tlie
same is paid, or that it is such a vessel for whicli none is payabU-
according to this act.

^[)id be it further enacted,

[Skct. 23.] That when and so often as any wine, rum or tea iin-
poitcd into this province, the aforesaid duty of impost upon which

• Sic: "where."

[3d Skss.]

Pkovinue Laws. — 1764-G5.

773

shall have been paid agreeable to this act, shall bo rcshipped mikI
ex[)orte(l fioin this govoinnicut to an}' other part of the world, that
thun and in every such case, the exporter of such wines or ruin or tea
siiall make oath, at the time of the shipping, before the receiver of
impost, or liis deputy, tliat the whole of the wine or rnra or tea so
ship[)e(l lias, himd Jkle. had tiie duty of impost aforesaid paid on the
same, and shall allerwards [)roduce a certificate, from some oflicer of
the customs, that tiie same has been landed out of this government,
or the master of the vessel in which the same shall be exported
shall makii oath, before the commissioner or his deputy, that the same
has been landed and left in some port out of the government, and
tiie exporter, upon i)roducing such certificate, or upon such oath of
the master, make oath that he verily believes no part of said wines,
mm or tea has been relanded in this province, such exporter shall be
allowed a drawback from the receiver of impost as follows ; viz., —

For every pipe of wine, four shillings.

For every hogshead of rum, seven shiUings and sixpence.

And for every pound of tea, fourpence.

Provided, alwaj/s, —

[Sect. 24.] That if, after the shipping of such wines or mm or ProviM
tea, to be exported as aforesaid, and giving security as aforesaid, in
order to obtain the drawback aforesaid, the wines or mm or tea, so
shipped to be exported, or an}' part thereof, shall be relanded in this
province, or brought into the same from any other province or colony,
that then all such wine, rum and tea so relanded and l)iought again
into this proxince, shall be forfeited, and may be seized by the commis-
sioner aforesaid, or his dcput}'.

And be it further enacted,

[Sect. 25.] That there be one fit person, and no more, nominated
and appointed by this court as a commissioner and receiver of tiio
aforesaid duties of impost and tannage of shipping, and for the in-
spection, care and management of the said office, and whatever relates
thereunto, to receive commission from the governor or commander-in-
chief for the time being, with authority to substitute and appoint a dep-
uty-receiver in each port, or other places besides that in which he resides,
and to grant warrants to such deputy-receivers for the said place, and
to collect and receive the impost and tuimage of shipping as aforesaid
that shall become due within such port, and to render the account
thereof, and to pay in the same, to the said commissioner and receiver :
which said commissioner and receiver shall keep fair books of all entries
and duties arising by virtue of this act ; also, a particular account of
every vessel, so that the duties of impost and tunnage arising on said
vessel may appear ; and the same to lie open, at all seasonable times,
to the view and perusal of the treasurer or receiver-general of this prov-
ince (or any other person or persons whom this court shall appoint),
with whom he shall account for all collections and payments, and pay
all such monies as shall be in his hands, as the treasurer or roccivor-
general shall demand it.

[Sect. 26.'] And the said commissioner or receiver, and his deputy
or deputies, before their entering upon the execution of their said ollice,
shall be sworn to deal truly and faithfully therein, and shall attend in
said oflSce from ten of the clock in the forenoon, until one in the after-
noon. And the said commissioner or receiver, for his labour, care and
expences in the said ofBce, shall have and receive, out of the province
treasury', at the rale of sixty pounds per ani:um ; and his deputy or
deputies shall receive for their service such suras as the commi-sioner
of impost, together with the province treasurer, shall judge necessary
for whatever sums they shall receive and pay ; and the treasurer is

Appointinciil
niHl duty ufthe
coinmiiiRioner.

774

PnovixcE Laws. — 1764-65.

[Chap. 34.]

Charges of
proscuution,
bow to be paid,
in case.

Disposition of
forfuitures.

hereby ordered, iu passing and receiving the said commissioner's ac-
counts, accordingly, to allow the payment of such salary or salaries as
aforesaid to himself and his deputies.

And be it further enacted,

[Sect. 27.] That all penalties, fines and forfeitures, accruing or
arising in consequence of any breach of this act, shall be one half to
his majesty for the use of this province, and the other half to him or
them that shall seize,' inform and sue for the same, by action or infor-
mation, iu any of his majestj^'s courts of record, wherein no essoign,
protection or wager of law shall be allowed : the whole charge of the
prosecution to be taken out of the half belonging to the informer.

And be it further enacted,

CHAPTER 34.

AN ACT FOR PREVENTING THE UNNECESSARY DESTRUCTION OF
ALEWIVES, AND OTHER FISH, WITHIN THIS PROVINCE.

Preamble.
1709-10, ch. 7.
1727, ch. 10.
17:J4-35, ch. 8.
1707-38, ch. 4.
1739-40, ch. 15.
1741-42, chaps.
15 and 20.
1743-44, ch. 26.
174.0-40, ch. 20.

]7r)4-r):), cli. 31.

17.')7-')8, ch. 37.
17o'.l-()U, ch. .32.
17Gl-r,2, ch. 11,
1703-64, ch. 27.
1764-0.'), chaps.
10 aiul 24.
No person to
(haw Bfincs,
&c., or set up
wears in any
rivers but in
Connecticut and
Merrimack
Rivers.
Tenally.

Or In any
ponds.

Preamble, reclt-
liii{ a defect In a
I'liiiner act.
1741-12, chap.
Ill, § 5.

Whereas the laws already [n'ovidcd against the destruction of fish
called alewives, and other fish, do not, in divers circumstances, reach
the case of divers rivers and ponds where said fish usually go to cast
their spawn, so that great waste is made of them l)y ill-minded persons,
to the great damage of the publick, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That from and after the fifteenth day of March next, no
person or persons whosoever, shall, on any pretence, presume to stretch,
set or draw any siene or drag-net, or set ii|) any weares or other fishing
engines, in any part of the rivers, or ponds adjacent thereto, within Ibis
province (Merrimack and Connecticut Rivers only excepted), where the
fish usually spawn, or use any other instrument for the catching of ale-
wives but I)}- dip-nets or scoo[)-nets, on penalty of a fine of five pounds
for each offence, to be paid by every person concerned in 'taking ale-
wives or other fish in either of the ways forbidden by this act.

And he it further enacted,

[Sect. 2.] That no person or persons whosoever, shall, on an}' pre-
tence, presume to stretch, set or draw any seine or drag-net, for the
catching of fish of an}- sort in any of the fresh ponds in this province,
on penalty of the fine of five pounds for each offence, to be paid by
every person concerned in taking fish in said ponds in either of the
ways forbidden by this act; and the seine or net may be seized b}' any
person or per.soiis, and shall l)e forfeitt'cl.

And ivhereas, by an act or law of this province, made in the fifteenth
year of his late majesty's reigii, intilled "An Act in addition to an aet
made to prevent the destruction of lish called alewives, aiul other fish,"
it is therein enacted "That it shall be in the i)ower of any town, at
their annual meeting in March, to choose one or more persons whose
l)usiness it shall be to see that the passage-ways are open, i)ursuant to
said act, and that said fish may not l»e obstriicteil in tlu'ir usual passing
111) 'i'"*l down stream, and to ai)i)oint the proper i)lace or i)laces for the
taking such fisii with scoop-nets, and to limit the particular times and
days for taking the same;" but no provision is made in said act to

[3d Sess.]

PiioviNCE Laws. — 1764-65.

775

oblige tlie persons so chosen to serve in said business, or to do their
iluly therein, neither is there any limitation as to the quantities of said
lish that shall be taken, in eaeh town, for piekelling and barrelling for
a market, by reason whereof man}' mischiefs arise, —

Be it therefore enacted,

[Sect. 3.] That when any person or persons shall be chosen in any
town, at their annual meeting in March, to see that passage-ways are
open, agreeable to the aforecited paragraph of said act, that every such
person shall be under oath to the faithful performance of said trust;
and any person, chose as aforesaid, shall, on his refusal, be suliject to
the penaty of three pounds, and to be proceeded with in order to the
recovery thereof in the same way and manner as persons are by law
who refuse to serve as constables.

And be it further enacted,

[Sect. 4.] That where any town, district or propriety that hath
any river or stream that lets the alewives into their natural ponds to
oast their spawns, have a desire to catch any of said fish to pickle and
barrel up for a market, that, in every such case, where said river or
Stream runs through or into more towns, districts or proprieties than
one, except where the right of taking fish is otherwise vested, the select-
men of the said several towns, districts, and a committee of the propri-
etors that are or may be alfected thereby, shall, some time in the month
of March annually, during the continuance of this act, meet together
at such time and place as the selectmen of the oldest town shall agree
upon, and then determine what quantity of alewives shall be barrelled
up from j-ear to year for a market in the several towns, districts or
proprieties they belong to, the votes to be collected according to the
major part of those that represent the towns, districts and proprieties
said streams pass through or run into, and not according to the number
of the voters ; and when so done, the selectmen of each town, district
or proprietors' committee, are hereby impowered to let out the said
privilege for the most it will fetch, for the use of their several towns,
districts or proprieties, in such way and manner as they shall judge
most beneficial ; and where any town, district or propriety have a
stream or streams as aforesaid, that do not run into any other town,
district or propriety, that in such case the selectmen or proprietors'
committee shall have the sole power, from year to j-ear, during the
continuance of this act, to determine what number of l)arrels shall be
caught for a market as aforesaid, and shall have the same power of
letting out and improving the said rivers or streams in the same man-
ner, as before mentioned, where the town, district or propriety join as
aforesaid.

Be it further enacted,

[Sect. 5.] That if any person or persons shall presume to catch
any alewives for marketing, contrary to the allowance or order of the
selectmen, and said propriety's committee, where proprieties are con-
cerned, or the selectmen, where no propriety is concerned, or propriety,
where they are only concerned, they shall, every of them, be subjected
to the penalty of five pounds for each offence.

And ichereas some disputes have arisen, or may arise, whether tide-
mills that have or shall be set up on or across the mouth of the rivers
where the fish aforesaid usually go up into the natural ponds to cast
their spawns, are within the intent of the last-recited act, and ought to
be regulated accordingly, —

Be it enacted,

[Sect. G.] That all tide-mills that have been erected across any
such rivers or streams since the making of the aforesaiil act. or that
shall hereafter be so erected, shall be undci-stood to be comprehendc<l

Persons chosen
to see the act
executed, to be
under oiith.

Selectmen to
determine the
quantity uf lish
to be taken.

To let out the
privilege.

Penalty on
lalcini; the tisb
otherwise.

Preamble.

Tlde-ml!lo
compnlieniled.

77G

PiioviNCE Laws. — 1TG4-G5.

[CiiAP. C4.]

Penalties dis-
posed of.

Method of con-
viction.

1726-27, chap. 3.

Proviso respect-
ing menhaden.

Proviso respect-

inii Merrimack
and Mystic
Rivers.

Proviso rcspect-
int! Charles
lliver, Neponset
] liver, Saii;^us
and Taunt»)n
Rivers.

Continuation.

in said act, and the owners and occupants, and all others concerned,
shall conform thereto accordingl}-, and be subject to the same penalties,
for their neglect, as if tide-mills had particular!}- been named in said
act.

[Sect. 7.] And all the aforesaid fines, penalties and forfeitures
aiising for anj- breach of this act shall be disposed of, the one half to
his majcst}- for the use of this government, the other half to him or
them that shall inform and sue for the same.

And be it further enacted^

[Sect. 8.] That the manner, rules and methods of convicting of-
fenders against this act, be the same as are directed and provided in
and by an act made in the twelfth j^ear of the reign of his majesty
King Geoi'ge the First, intitled "An Act in addition to and for render-
ing more effectual an act made in the tenth year of the reign of King
William the Third, intitled 'An Act for preventing trespasses ; ' " and
that the grand jurors in the respective counties present all breaches of
this act.

Provided., —

[Sect. 9.] That nothing in this act shall be understood to restrain
the catching of fish called munhadens, with seines or drag-nets, after
the fii'st day of June, and until the first da}' of October, annuall}-, or, in
Connecticut River, at any time of the 3-ear.

Provided., also, —

[Sect. 10.] That nothing in this act shall be construed to extend
to Merrimack River, or to any of the streams and rivers running into
the same ; and that the fish aforesaid may be taken in the river com-
monly called Mislick River, two days in a week ; viz., on Monday and
Thui'sday, with one seine and one draught onl}' in each day ; and that
the said fish shall not be taken in the towns of Cambridge or Charles-
town on more than three days in a week, from three to eight of the
clock in the afternoon, with scoop-nets only, and that not in more than
two places in each town, such places to be assigned b}' the selectmen
of said towns ; and that all such fish as the selectmen of the towns of
Chai-lestown, Cambridge and Medfoi'd shall agree to be taken for sale,
shall be equally divided between the said three towns.

Provided, also, —

[Sect. 11.] That during the continuance of this act, anything
tlioiein contained to the contrar}- notwithstanding, it shall and may be
lawful for au}' person or persons to catch alcwivcs or other fish, by
seines or drag-nets, in Charles River, in the county of Middlesex, and
Neponsit River, in the county of Sufl!blk, three days in a week, the
days to be Monday, Wednesday and Friday ; and in Saugus River in
Lynn, in the county of Essex, two days in a week; viz., Monday and
Thursday, b}' drawing two seines once in each day, at said Saugus
River; and in Taunton Gi-eat River, in the count}- of Bristol, two days
in a week ; viz., INIonday and Thursday, by drawing two seines for each
town, after it shall be known that alewives have been taken at Middle-
borougli, in the spring of the year, annually.

[Sect. 12.] This act to continue and be in force for one year from
Uie fifteenth day of March instant. [^Passed March 8, 1765.

[oD SksS.]

riioviNCE Laws. — 17G-A-G5.

777

CHAPTEK 35.

AX ACT FOR PREVENTING FRAUD IN DEBTORS, AND FOR SECURING
THE EFFECTS OF INSOLVENT DEBTORS FOR THE BENEFIT OF THEIR
CREDITORS.

AViiEREAS it lias somotiuu's li:i[)peiiod tliat persons have absconded
or coiK-oaled thonisolves to avoid arrests from their creditors, and the
effects of such persons have been attached, and actions have been
brought against their debtors, as trustees of such absconding or con-
cealed persons, by means whereof great inequality and injustice has
been occasioned to the creditors, and law-suits have been greatly mnl-
tiplied ; for prevention whereof for the future, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That it shall and may be lawful for any one of the jus-
tices of the superiour court of judicature, court of assize and general
goal deliver}', upon application made in writing, b}' any creditor, foi-
not less than thirty pounds, or creditors, for not less than sixty pounds,
of any person or persons who shall appear, to the satisfaction of such
justice, to have absconded or concealed themselves to avoid the arrests
of their creditors, to issue a warrant, directed to all and ever}- the
sheriffs, their undersheriffs and deputies, within this province, requiring
them, in his majesty's name, to attach, seize, take and keep all the
goods, chatties and estate, real, personal, and mixt. of what nature or
kind soever, within their respective bailj-wicks, of such absconding
debtor or debtors, for the use and benefit of his or their creditors.

[Sect. 2.] And any part of such estate which may be taken in pur-
suance of such warrant, and which shall bo of a perishable nature, and
shall be proved to be actualh' in a perishing state, before the justice
from whom such warrant shall issue, shall and may be forthwith sold
by the officer taking the same, for the most the same will fetch.

[Sect. 3.] And notice shall be forthwith given by such justice, in
"The Massachusetts Gazette" published next after the issuing such
warrant, or as soon as may be, and for three weeks successively, that
the effects of such al)sconding or concealed debtor or debtors are
directed to be attached, seized and taken ; and that, unless such debtor
or debtors shall return or appear, and discharge his or their just debts.
or give security, to the satisfaction of the creditors, for payment thereof
within three months from the date of such warrant, all the estate ordered
to be so attached, seized and taken will be sold for the benefit of the
creditors.

And he it further enacted,

[Sect. 4.] That every person whose effects shall be directed to be
so attached, seized and taken, be and is herein' declared to have been,
immediately, from and after their absconding or concealing themselves
as aforesaid, incapable of alienating any part of their effects or estate
of what nature or kind soever; and all assignments, transfers, con-
veyances or alienations afterwards made b}' such person or persons, are
hereby declared to be null and void ; and all summons and attachments
which shall, at an}' time after such absconding or concealment, be served
upon any debtor or trustee of such person or persons, by virtue of an
act or law of this province, intitled " An Act to enable creditors to re-
ceive their just debts out of the effects of their al>sent or alisconding
debtors," shall enure to the use and benefit of all the creditors of such
absconding and concealed debtor or debtors, in just [iroportion.

Preamble.

One justice of
tbe euporlor
court, in ct'i'tain
cuHce, to itfsue a
warrant for
seizing all the
estate of an
abscotiiling
debtor :

— if of n perisba-
ble nature, may
be sold.

Public notice to
be givtii of the
attacbnu'ijts of
eucb absconding
debtor'!) estate.

Such debtor*
incapable of
alienating ibcir
effects.

All othernttnch.
nients to enure
t4> the b<'neflt of
tbe creditors.

1738-39, chap.
15.

778

Peovln^ce Laws. — 1704-G5.

[Chap. 35.]

ProTifiO.

Trustees to be
appointed if
such absconding
debtoj- shall not
appear within
three months.

Proviso, in case

such debtor is
willing to sur-
render his
effects.

Trustees to give
public notice.

Creditors may
apjjrovc, or not,
of such trustees:

—may give in
their claims.

Trustees to
receive the
estate, of the
eherifl's, and all
books and
papers :

—to adjust all
accounts.

Trustees to sue :

— and, with the
coii.seiit of the
major part of
llie cnMliiorB, to
siibnilt to arbi-
tratiou.

Provided^ nevertJieless, —

And it is hereby declared,

[Sect. 5.] That no attachments, summons on the absconding-act,
or other process whatsoever, already commenced, shall be affected by
this act ; but the creditors therein shall have such and the like remed3'
thereon as if this act had never been made : nor shall an}- assignments,
transfers, conveyances or alienations, bond^/ide made before the passing
this act, be understood to be affected thereb}^

And be it further enacted,

[Sect. 6.] That if any absconding or concealed debtor or debtors,
whose effects and estate shall be directed to be attached, seized and
taken as aforesaid, shall not, before the expiration of three months as
aforesaid, return, or appear and discharge their just debts, or give
security for the discharge thereof, to the satisfaction of their creditors,
it shall and may be lawful for the justice who shall have issued such
warrant, to appoint three of the creditors of such absconding or con-
cealed debtor or debtors, to be trustees of their estate.

Provided, always, —

And be it accordingly enacted,

[Sect. 7.] That if any concealed debtor or debtors shall, by wiiting,
under their hands, signify to the justice issuing the warrant aforesaid,
their wilUngness to surrender up all their effects, and shall desire that
trustees may be forthwith appointed, it shall be lawful for such justice
forthwith to appoint the same ; and the advertisement to surrender shall
thereupon be discontinued.

And -be it further enacted,

[Sect. 8."] That the trustees so appointed shall, as soon as maybe,
notify in '' The Massachusetts Gazette," three weeks successively, time
and place for a meeting of the creditors of such absconding or con-
cealed person or persons, such meeting to be held within one month
from the date of such notification ; and it shall and may he lawful lor
the major part of the creditors present at such meeting, to approve or
disapprove of all or any of the li'ustees so ai)pointed, and to chuse
others in the room of such as may be disapproved ; and the trustees
who shall be appro\-ed or chosen at this meeting shall be sworn belbre
the justice issuing such warrant, or before a justice of the peace, to
the faithful discharge of their trust ; and the power of the trustee or
trustees first appointed and disapproved shall then determine and cease ;
and the creditors may thereupon give in to the trustees their respective
claims and demands, then due and payable, or which may become due
or payable at a future day, upon or against the debtor.

And be it further enacted,

[Sect. D.] That the trustees so approved or so chosen and sworn,
shall be and hereby are authorized and iinpowered to receive from the
sheriffs, undersheriffs and deputies, and from all other ])crsoiis what-
soever, all the effects and estate, of every kind, of such absconding
or concealed del)tor or debtors, and also all their books of accounts,
and all i)apcrs necessary for diseovering the true stale of the business
and dealing of such absconding or concealetl debtor or debtors; and
also to settle and adjust all matters and accounts unsettled between
such absconding or concealed drlitoi' or deltfors, and any of tlieir credit-
ors ; and to commence, and prosecute to final judgment and execution,
any action or actions, in the law, for the recovery of any debts, effects
or estate whatsoever, of such debtor or debtors, as fully, to all intents
and purposes, as they themselves might have done if this act had not
l)een made and passed ; and, with the consent of the major part of the
creditors present at any meeting duly notified, to submit to arlutration
any matters in dispute between such del)lor or debtors and any of their

[3d Sess.]

Pkovlnce Laws.— 1704-05.

779

supposed debtors, and, with the hke consent, to compromise or make
abatement upon any claim or supposed debt.

[Sect. 10.] And, that the whole estate ma}- be converted into
money as soon as may be. the said trustees are hereby authorized and
impowered to make sale of every part thereof, to redeem all mortgages
anil conditional contracts, and also to grant, bargain, sell and convey
to any person or persons whomsoever, any lands, tenements or heredita-
ments, whereof such absconding or concealed debtor or debtors shall
be seized, in possession, reversion or remainder, as of an estate in fee-
simple, or an estate for life or years, and also all their right, title and
interest, for the term of their own lives, in any entailed estate, and to
execute good and sufhcient deeds therefor : provided, ahvai/s, that the
right of dower of the wife of an\' such debtor shall not pass without
her free and voluntary consent, in writing, signified thereto.

And be it further enacted,

[Sect. 11.] That it shall and may be lawful for a justice of the
peace, upon application made to him, for that purpose, by the trustees,
to convene before him the wife, or any one of the family, of an}' such
absconding or concealed debtor or debtors, or an}- other person sus-
pected of concealing or embezling any part of such debtor's effects, or
of being privy or knowing to any concealment or embezzlement or to
any private trade or dealing of such debtor or debtors ; and such jus-
tice of the peace, the said trustees being present, shall examine such
person, so convened, upon oath, touching all matters respecting the
effects or estate, the trade or dealing, of such debtor or debtors, and
shall take down such examination in writing, and cause the person so
examined to sign the same ; and if any such person shall refuse to sul)mit
to an examination, or to sign the same, such justice of the peace is
hereby impowered to commit such person to prison, there to remain
until he or she shall comply, or shall be discharged by the consent
of the said trustees, or l)v one of the justices of the superior court of
judicature, court of assize and general goal delivery, b}^ judgment upon
writ of habeas corpus.

And be it further enacted,

[Sect. 12.] That the trustees aforesaid shall, by advertisement in
three ''Massachusetts Gazettes," successively, seasonably notify an-
other meeting of the creditors of such absconding or concealed debtor
or debtors, to be held at the expiration of six months from and after
the first meeting aforesaid, and, in like manner, at the end of six months
more, another meeting ; at either of which meetings any creditors who
have not given in their claims before, may then exhibit the same : and
the said trustees are also impowered, from time to time, to call other
meetings of the creditors, in like manner ; or to continue any meetings,
with the consent of the major part of the creditors present, by adjourn-
ments, as there may be special occasions therefor.

And be it further enacted,

[Sect. 13.] That at the expiration of eighteen months from the
appointment of such trustees, they shall make a dividend of the effects
of such absconding or concealed debtor or debtors, so far as shall have
then come to the hands of such trustees, and been converted into
money, each creditor to receive of said dividend in proportion to the
debt which shall have been proved and allowed ; and at the end of six
months more, or sooner, if it shall appear to the trustees that the whole
estate is received, a further dividend shall be in like manner made, of
any further effects which may have come to the hands of such trustees
since the former dividend ; and so, at the end of every sLx months, or
sooner, until the whole effects shall be distributed.

Estato to be
converted Into
money, iind
iiiurtifu^L'H to be
redeemed.

Wlmt CHtnten
ehull be tiiken
for tbc creditors.

Wife's rigbt of
dower excepted.

A justice of the
peace to ex-
amine the wife
or any of the
family.

Trustees to be
present.

Penalty for
refusing to sub-
mit to examina-
tion.

Trustees to
notify meetings
of the creditors

Trustees to
make u dividend
in eitrbteen
months.

i80

PiioviNCE Laws. — 1764-65. [Chap. 35.]

Major p;irt of
tbo crcclilors
itnpowered lo
discharge the
debtor.

Proviso.

Debtor's oath.

Debtor dis-
cbrir(j;fd upon
certilicale.

Conlrovcrsies,
how to be
delermined.

Trustees to
nominate ref-
erei'H, in mat-
ters of contro-
veruy.

And be it further enacted,

[Sect. 14.] That if any absconding or concealed debtor or debtors
shall, at an}' time after the appointment of trustees, and the meetings
of the creditors as aforesaid, oifer to surrender tliemselves, and disclose
and also deliver up their v\holc estate, if an}' shall remain in their
hands, and the major part of the creditors in number and value, shall,
in order to the discharge of such debtor or debtors, present a petition
to any two of the justices of the stiperioiireourt of judicature, court of
assize and general goal delivery, it shall and ma}- be lawful for such
two justices, if no just objection be offered, to discharge such debtor
or debtors accordingly ; and pending such petition their bodies sliall be
free from arrests, as also pending any examination before the trustees,
from time to time, as may be necessary : provided, alvxiys, that a day
be first appointed by such justices, and public notice thereof be given,
in the "Massachusetts Gazette," to the creditors of such debtor or
debtors, that they, or any of them, may then offer their objections, if
any they have, why such debtor or debtors should not be discharged.
Provided, also, that every such debtor shall first take before the said
justices the following oath ; viz., —

Yoa, A. B., do solemnly swear tliat the inventory and account by you
delivered is a just and true account of all your estate, real, personal and
mixt, both in l;iw and equity, either in possession, reversion or remaimlcr, the
necessary wearing-apparel and bedding ol' yourself, wife and children ex-
cepted, and that you have not, directly or indirectly, sold, leased, assipfned or
otherwise disposed or made over, either, in trust, for yourself or otherwise,
excejit as set fortli in the same account, any part of your estate, real, personal
or mixt, for your future benefit, or in order to defraud your creditors. So
help you God.

— And where there shall be no wife or no children, those words " wdfe "
and " children," respectively, shall be omitted.

[Sect. 15.] And a certificate being given by the said two justices,
that such debtor is discharged, every such debtor is hereby declared to
be discharged fi'om all debts due or contracted before his or her ab-
sconding or concealment as aforesaid, and, if prosecuted for any such
debt or contract, may plead the general issue, and give the special
matter in evidence.

And he it farther enacted,

[Sect. 16.] That if any controversy shall arise, at any of the
meetings of the creditors as aforesaid, relating to the debts of f.ny
creditors, such controversy shall be determined in the following man-
ner : the trustees shall nominate two referees, not being creditors of the
debtor or del)tors wdio had absconded or concealed themselves, and the
creditor wliosc debt is in controversy sliall, in like manner, nominate
two others; and their names sluill be separately written on lour pieces
of paper, as nearly alike as may be, wlucli shall be roUed up and put
into a covered I)ox, and from thence, one of the trustees shall draw out
three of the said pieces of i)aper ; and the persons whose names are so
diawn, or the major part of the wlude. having given their voice, shall
finally settle such controversy ; and if any one or more of such referees
so api)ointed, shall refuse, or be ineai)altle of acting in a reasonable
time, a new choice shall be made by a nomination of four other ref-
erees, their names lo be put in a box. in like manner as Ihe former,
and one or nion*, according to the nundter refusing, shall be drawn out ;
and so, from time to time, until referees shall be thus ehosen who shall
l)e willing and able to serve ; and in case any such creditor shall refuse
lo nominate leferees on his part, the trustees are hereby impowered to
nominate them in his stead.

[3d Sess.]

Pkovixce Laws. — 1704-65.

781

And be it farther enacted^

[Sect. 17.] Tliat any powers by tins act given to trustees, shall
anil may l)e executed by any two ol" them, and shall be construed and
understood in all cases accordingly ; aiul any person being of the peo-
ple called Quakers, may and shall l)e alloweil, when any oath is required
by this act. to maice solemn allirmation instead lliereof.

And be it farther enacted,

[Skct. 18.] That if an}- creditor of sueli absconding or concealed
debtor or debtors shall neglect or refuse to give notice of and prove his
debt witliin eighteen months after the ai)poinlment of trustees as afore-
said, and before a dividend be made, sucli creditor sludl be ever after
debarred from receiving his debt, unless the whole of the estate shall
not have been received and divided, and unless such creditor shall,
before a second dividend be made, prove his debt ; and in such case
such creditor shall, before the second dividend be made, have the sum
he would have been intilled to on the first dividend, or so much thereof
as shall be in the hands of the trustees ; and if more than one creditor
shall have so neglected, and there shall not be enough in the hands of
the trustees to pay to all of them the full of their dividend, each shall
be paid in proportion.

Provided, ahvai/s, —

And be it farther enacted,

[Sect. 19.] That before any dividend be made, a bill of costs and
necessar}' charges, and reasonable commissions for said trustees, shall,
l)y them, be presented to one or more of the justices of the superior
court of judicature, court of assize and general goal delivery, who
shall tax the same ; and such costs and charges so taxed, and also all
debts due to his majest}', his heirs and successors, and all debts due to
this government, and also such sum as the major part of the creditors,
at the last meeting before a dividend shall be made, shall agree to
allow to the debtor or debtors who shall have appeared, and surrendered
up their eflfects, and taken the oath required by this act, not exceeding.
in any case, ten per cent upon their whole effects, shall be first de-
ducted and paid, before the dividend be made to the creditors.

And be it further enacted,

[Sect. :20.] That it shall and may be lawful for the trustees afore-
said, in the execution of their trust. Ity warrant had from a justice of
the peace, directed to the sheriff, his undcrsheriff or deput}', to cause
to be broke open and cntor'd the dwelling-houses, shops, warehouses
or other houses of any such absconding or concealed debtor or debtors,
and to cause to be open'd any trunks or chests, or other close or locked
places, where any part of their goods or estate shall be or be reputed to
be : provided, always, that the body of such debtor, in their own
houses, shall not, b}- or in consequence of the execution of such war-
rant, be liable to anj* arrest of the creditors.

And be it further enacted,

[Sect. 21.] That if any person shall 1)C convicted of wilfully affirm-
ing or swearing, falsly, in any case where an aflirmation or oath is re-
quired or allowed by this act, the person so ollending shall sufTer as in
case of wilful perjur}' ; and in case any such debtor who shall take the
oath required by this act. and shall thereupon be discharged, shall be
convicted of concealing any part of his estate or effects, with an intent
to defraud the creditois, such debtor shall be deemed and adjudged
guilty of felony, without benefit of clergy, and shall sutler accordingly.

[Sect. 22.] This act to continue and be in force for three years
fiom the twelfth day of March, one thousand seven huiulred and sixty-
five. \_Passed March 9, 1765.

Two trustees
roiiy not.

QimkiTs* iirtlr-
niulioii iii:iy bo
receivol.

Cioilltor, after

C'llflllcl'II

niuiitliM* iK'ijU-ct,
cxcliuk-d :

— unlcsR, before
n Hc'coml divi-
dend, liL- xball
prove liitf debt.

ProviKO, for
allowing costs
and necessary
cburt^es :

— and for allow,
anee to be roadj
to the debtor.

Trustees al-
lowed, by wai
rant from a
juslice, to lireak
open the debt-
or's bouse, iice.

Debtor's body
secured, in suck
case, from
arrest.

Penalty fur
false swcnriii;; :

— and for con
Ceallni; <i.Ui'.e
or effects.

LimlLitioO.

782 Province Laws.— 1764-65. [Notes.]

Notes. — All the acts of this year, except the private act the title of which is here-
after given, were printed: chapter 3 separately; aud, for the first time, an impost
act (chapter 33) was included with the printed acts of the session in which it was
passed. The engrossments of twentv-four, out of thirty-six, acts, of this year, are
missing; viz., chapters 1, 3, 8, 9, 10, 13, 14, 16, 17, 19, 20) 21, 23, 24, 25, and 27 to 35,
inclusive.

Tlie following is the title of the only private act passed this year: —

"An Act to enable Abigail Little of Pembroke, formerly the "Widow of Isaac
Thomas late of said Pemliroke, Gentleman, Deceased, to recover of the Children
aud Heirs of the said Isaac certain Sums of INIoney due from them to the said Abigail
for Right of Dower in the real Estate that was the said Isaac Thomas's." [Passed
Juno 14, 1764.

The acts of the first session were certified for transmission, June 29, 1704. As the
Governor's letter containing his observations on these acts, and bearing date July
2, was received by the Lords of Trade, September 5, it is probable that the acts were
received at the same time. They were delivered to the clerk of the Privy Council,
in waiting, September 10, aud referred t^o the committee on plantation affairs, Sep-
tember 14, by whom, on the 14th of December, they were referred to the Lords of
Trade.

The acts of the second session were certified for transmission, November 13, 1764,
delivered to the clerk of the Privy Council, in waiting, January 14, 1765, referred to
the committee on plantation affairs, February 1, and by them referred to the Lords
of Trade, March 19, who received them on the 22d of the same month.

On the seventh of June, 1765, the Lords of Trade ordered such of the acts of the
first and second sessions as have not expired by their own limitation, to be sent to
Sir Matthew Lamb, for his opinion thereupon, in point of law; and, on the 21th of
September following, the acts of the second session were again read at the Board.
♦ The acts of the third session were certified for transmission, April 3, 1765. Gov-

ernor Bernard's letter of observations on these acts, and bearing date April 8, was
received by the Lords of Trade, June 26, so that, probably, the acts arrived as early
as that date. They were delivered to the clerk of the Privy Council, in waiting,
July 11, referred to the committee on plantation affairs July 13, and sent to the
Board of Trade, July 16, where they were received the next day. They appear to
have been considered by the Board, together with the acts of the second session, on
the 24th of September, and, on the 29th of October, they were ordered to be sent to
Sir Matthew I^amb.

Sir Matthew Lamb's report on the acts of the three sessions, was received June
30, 176(), and concludes—" Upon perusal and consideration of the before mentioned
Acts I have no other objections than are before mentioned; " i. e., to the private act,
and to chapter 26: see the note to that chapter, j)o.sf. This report was read at the
Board, February 6, 1767, and, on the tenth, the draught of a representation thereon
was ordered to be prepared; and, accordingly, an order was subsequently passed
by the Privy Council, disallowing the private act.

Chap. 3. " Dec. .30, 1703. In the House of Representatives Resolved That the
Inhabitants of the District of New Salem in the County of Hampshire be, and
Hereby are impowered to receive out of the Public Treasury Twenty six pounds,
twelve shillings, tlic sura they paid towards defraying the Charge of a Representa-
tive sent from Sunderland after they wore discharged from paying any Sum, as
appears by an Act of this Court: And that the said Sum of Twenty six pounds
twelve shillings be annexed to the Tax of the Towns of Sunderland and Montague
in their next years Tax.

In Council A Petition of the Inhabitants of the District of New Salem—

In the House of Representatives Read and Resolved That the Prayer of the
Petition be granted, and that the Inhabitants have leave to tax the Non-resident
Proprietors at one peny per Acre on their Lands; they observing the Act of this
Court passed the 9"' of February 1760, and laying out the Money arising therefrom
for the purpos(;s mentioned in said Act." — (Joitncil lici'ords, vol. XXV., p. 108.

"Jan. 2,1764. The following Order passed on the Petition the Inhabitants of
Greenwich. In the House of Re]iresentatives Resolved That the Sum of Six
pounds two shillings and nine jience be allowed and paid out of the Public Treas-
ury to Mr Robert Cutler, Agent for the Town, for tlie use of said Town; and that
the said Sum be added to the Town of Belclicr Town in the next Province Tax.

In Council Read and Concurred. Consented to by the Governor."— /6/(f.,;j. 113.

"Jan. 7, 17<)4. In the House of Representatives. Whereas a Vote passed the two
Houses on tlie .30"' day of December last ordering the Sum of £26.12. to bei)aid out
of the Public Treasury to the Inhabitants of New Salem; said Sum to be added to
the Tax of Sunderland and Montague the next Year but the Petition on which such
Vote was founded being mislaid before it was offere<l to liis Excellency the Govern-
or for his Consent, and the Agents of said Iniiabiiants waiting iu Town. Ordered
That the Sum of Twi^nty six pounds, twelve sliillings be i)aid to such Agents, and
added to the '{'axes of such Town; said I'etilioii being mislaid notwithstanding.

In Council Read and Conciurred Consented to by the LU)VvTnoT."—I bid., p. 120.

•Man 2(), 1764. In the House of Representatives. On a Com])laint of a Com-
mittee of the Town of Lincoln relative to their Taxes, the following Resolve
jiassed viz'

It appearing that there was a Mistake made iu carrying off the proportion to a
Thousand pounds which that part of Lexington paid to the Province Tax, that was
taken from iheni and add(!(i to Lincoln when it was first iacorporated into a Town;
they being then set. at 7/4^ to the £1000— tlio their just jiroportion was no more
than 5/3, so that it appears' that the Town of Lincoln paid 2/1^ to the £1000— that

[Notes.] Province Laws.— 17G4-G5. -^SG

Lexington ought to have paid, from the time of said Lincoln's Tnoorporation to the
Year 17(iO inclusive, which in tiie wholo ainounts to £.'>(». Ki. 1 whicii Sum Uesolved
that it be remitted to the Town of Lincoln, and laid upon the Town of Lexington
in their next Province Tax.

In Council Read and Concuired Consented to l>y the Governor."— 7ft/d., p. 153.

" Jan. 26, 1701. In the House of Representatives. Whereas many of tiie Inhabit-
ants of the Towu of Swanzey have lately suffered greatly l>y the Small Pox Re-
solved That the Sum of Three liundred pounds be advanced and paid out of the
Public Treasury to Jerathmeel Bowers Esq' Un- tbe use of that Town, to be applied
by the Selectmen thereof for the use of the SulTercrs there, as theTownsliall direct;,
and that the said Sum of Three hundred jiounds be rei)aid by tlie Town of S«-anzey
in the manner following, namely, that tlie Sum of Fifty pi'>unds be a<ldcd to that
Towns proportion of the Province Tax next Year and Yearly until the Three hun-
dred jiounds aforesaid, shall be by that Town repaid into the Province Treasury.

In Council Read and Concurred Consented to by tlie Governor."— /t/V/., p. 154.

" June 4, 17()4. A Memorial of the Selectmen of Sunderland— Setting forth That
they are informed that the District of New Salem hath applied to tiiis Court for a
reimbursment of the Pay of a Representative jnit to said District for sundry Years
by an Act of Assembly, whilst in connection with the Town of Sunderland; and
that they have thereupon ol)tained an Act of tiiis Asseml)ly for su<ii reimbiu-sment,
which either is, or is likely to be, laid on the Town of Sunderland, altlio" they iiave
been always notitied to join in the choice, and have constantly had the benefit of
the representative chosen, whenever they have had any particular Concerns
depending. And jiraying that the Town of Sunderland may be freed from the
charge of any such Reimbursment. In the House of Representatives Read and
Ordered That the Petitioners serve the Clerk of the District of New Salem with
a Copj' of this Petition that they shew cause, if any they have, on the Second
Wednesday of the next Session of this Court why the Prayer thereof should not be
granted. And that the Province Treasurer be tlirected not to make any addition to
the Province Tax of Sunderland or Montague for the reimbursment made to the
saitl Precinct of New Salem rill tiie further Order of this Court.

In Council Read and Concurred Consented to by the Governor."— /6((Z., p. 219.

" June 11, 17()5. A Petition of Eldad Taylor Esq'''in behalf of the Inhabitants of
the Township N» 4 in the County of Berkshire— Setting forth— That appreliending
themselves over Rated in the valuation taken in the year ITGl, they thereupon ajv
plied to the General Court for relief who abated thciii the sum of £.^5: (5: ."? assessed
on them iu the year 17(il and the further Sum of £>ti: 17: 6 Assessed on them in
17G3. That there is now a Tax of £o(i: 17: (i laid on them for the year 17()4, which
they are as unable to pay as either of the former sums, and the inore so as they
have lost their Minister and met with loss other ways; And praying that the Court
w'ould again consider the dithculties they labour under, and grant them relief.

In the House of Representatives. Read and Ordered, that the Tax laid upon the
Township N" 4 for the year 17IJ4 as within mentioned be remitted them in consid-
eration of the losses mentioned. In Council, Read and Concurred. Consented to
by the Governor."— /6irf., vol. XXVI., p. 18.

"June 20, 17tJ5. A Petition of the Selectmen of Gorham— praying that in consid-
eration of their losses the last year by Fires &c it will be very liifficult for them to
pay their Province Tax; that they are now about Settling a Minister, which will
bring a considerable charge upon them. And praying that their Province Tax for
17(>4 may be abated them.

In the House of Representatives, Read and Ordered that the Province Tax laid
on Gorham for the year 17(54 be suspended. And that the same be added to their
Province Tax in the year 17G(i; and the Treasurer is directed not to issue his Exe-
cution against said Town in the mean time. In Council, Read and Concurred.
Consented to by the Governor." — Ibi'l., p. 47.

"June 15, 17(J4. A Petition of John Burk in behalf of Bernardston- Setting
forth. That their numbers are yet small, having only .'il Families and 49 Poles; that
the War has so retarded their Settlements that they have but 400 Acres of improved
Land in said Town, and yet they have been taxed the three la.st years, for two of
which they have paid £.').S— and having now a Tax upon them for £19— which can-
not be collected but by distress. Ami Praying that it may be abated. —

In the House of Representatives; Ordered That the consideration of this Peti-
tion be referred to the next Session of the General Court and the Treasurer is
hereby directed not to issue any Warrant for the enforcing ]>ayment thereof in the
mean time.— In Council Read and Concurred Consented to bj- the Governor." —
Ibi(h, r.,1. XXV.. p. 'HI.

" Feb. 15, 17(>5. In the House of Representatives. Whereas a Petition has been
preferred by John Burk Agent for the Town of Bernardston, and another petition
by Nath' Kellog in behalf of tiie Inhabitants of Hunts Town. In order that the
circumstances of those Towns and their Ability to contribute some i)roi)ortion to the
public charge of this Province, as well as the circumstances of all other new planta-
tions and Settlements within this Province and their ability for such purpose may
be the better known. It is Resolved and Ordere<l That the Assessors or some other
proper persons thereto appointed by the Inhabitants in eai'h plantation respectively
make true and full Lists of the polls and Estates, Real and personal in such ])lan-
tations, and Return the same under Oath to this Court at their Sessions in May
next.

And that the Treasurer of this Province be and hereby is directed to stay any
Exe<ution3 against any Constables or Collectors in either of tlie said Towns of
Bernardston and Hunt.s Tow n until the next May Sessions.

In Council, Read and Concurred Consented to by the Governor."— /tiJ., p. 408.

784 Province Laws. — 1764-65. [Notes.]

"Mar. 1. 1765. a Petition of Josliua Hensliaxv Esq' aud otliers Inhabitants or Pro-
prietors of the Phiutation called Dorchester Canada— Setting forth, That in the
year 17(il the General Court laid a Tax upon tlieni of £ii. 7. (i and three yearly-
Taxes since. That the Lands in such a new plantation do not yield the produce as
in those that are more cultivated, and are subjected to early and late Frosts, inso-
much that the 1 nhabitants have not been able to raise one half of their Bread Corn,
but are oldigcd to Travel to other places to purchase it. That they are besides
subject to tlie ravages of wild beasts, whereby they lose more young Cattle Sheep
and Swine than the value of any province Tax that could equitably be laid upon
them. And praying Relief.

In the House of Representatives. Ordered that the consideration of the within
petition be referred to tlie next May Session, and that the petitioners are directed
to return a List of their polls and Estates to the Court at that Session.

In Council, Read and Concurred." — Ibid., p. 410.

Chap. 4. By General Amherst's returns it appears that, of the 3,220 men voted
to be raised by Mas-achusetrs in the campaign of 17G2, 2,yyi actually took the field,
of whom 5111 remained on garrison duty during the winter aud spring. For re-
imbursing the expenses of all the colonies, in this campaign, the House of Commons
voted the same amount as was granted the previous year; viz., £i;j:v''J'>. iJs. Sd. (See
Journals of the Iluuse of Commons, Marcli 17, ITO'j). Of the proposed grant, Mr.
Manduit got an early intimation through his brother, and communicated the infor-
mation to the secretary of the province, in a letter dated ilarch 1.!, 17(j3.

By the apportionment, which was made aliout the first of Ai)ril, 17G4, the share of
Massachusetts was determined to be,— after all allowances added for extra men and
extra times of service,— £15,41;), ISs, Gd. This was to be paid one-half in money,
and one-half in Excliequer hills. As the latter, however, were bills of the jirevious
year, and payable the next day after they wore given out, the Agent was enabled
to write, on tlie 25tli of April, that the whole money, witli one day's interest on the
bills, had been deposited in bank, for the order of the General Court.

"Jan. 20, 17G5. In the House of Representatives. It appearing to the House that
all the Bills of Exchange which by Law of this Province made in June last, the
Treasurer of this Province was enabled to draw upon Jasper Mauduit Esq'" late
Agent of this Province are not yet Sokl, and disponed of; and that some doubt
arises whether the said Bills may be drawn in the form jirescribed by the said Law,
since the new Choice made of an Agent.

Resolved That the Treasurer be and hereby is Ordered to draw the Bills in the
form, and directed as in the said Law is required, the new Choice of an Agent not-
withstanding.

In Council, Read and Concurred, as taken into a new draft. The new Draft is as
follows viz' — In the House of Representatives 28"' January 17G5 —

Whereas Richard Jackson jun'' ICsq'' has been Chosen Agent for this Piovince in
the room of Jasper Mauduit Esq^ who resigned that n-ust; and certain part of the
Money which had been received by M"" Mauduit belonging to the Province still re-
maining in his hands, and the Treasurer being conlined to a particular form in
drawing for such money vi/.« on Jasper Mauduit Esq"" Agent for the Province of the
Massachusetts Bay in London, or in case of his Death or absence on Richard Jack-
son jun'' Esq''.

Resolved, That all Bills for such Monies as yet remain in M"" Mauduit's hands, be
drawn on Jasjier Mauduit Esq' in London, ami the Treasurer is directed to transmit
to M"" Mauduit a Cn]n- of this Vote by the lirst opportunity.

In the House of Representatives Read ani Noncioncurred Nemine contradicente
and the House adhere to their own Vote. In Coiuxil, Read and Noncoiicurred

M"- Otis from the House of Representatives, who brought up the foregoing Vote
of noneouciirreiice, at the sanjo time delivered a Verbal Message to the Board,
acquainting them that it has been usual for the House to originate their own
Resolves, and that they choose to continue in that practice." — CoiuicH liecords, vol.

XXV., p. -.m.

"Jan. 2!t, 17G5. The Secretary went down to the House of Representatives with
the following Mes.sage from the Board vi;;'— The Board iiave received a Message
from the Hon''''^ House in the forenoon to this purpose 'That the Ilou-Je have
always been in the practice of Originating their own Votes, and chuse to coutiuue
in that practice '. —

The Board think it necessary to observe, tliat their Vote, which induced the Hon-
ourahlo House to that Mes-age was agreeable to the uninterrupted jiracticc of the
two Houses, in taking into a liew draft any Votes .sent lri)in one House to y^' other,
in order to save the troubh^ anil i)erplexity whicli arisc> from a groat nuujbor of
Ainonilmonts ))y marginal references. The P.onrd not iutendingto prepare a Vote
to originate in tli(! Hiiiisc, but to altera Vote licforc originated there; and therefore
th«! House could have no just Occasion for sending sueli a Message." — Ibid.,]). oGJ.

"Jan. .'iO, 1705. M' Otis and others from the House of Representatives came up
to the Board with the following Message viz' —

The House think it Necessary to observe, that tho' it may be agreeable to the nn-
inttuTupted i)ractice of the two Houses to take into a new draft any Bills or N'oles
(Grants & Money Bills excepted) .sent from one House to tho other: And tho' the
reason & grounds of that i)ractice aro truly assigned by the Hon''''' Board, yet such
new draft should be made? by, and pas.sed upon as the Act of the llousi- framing
such ninv draft, and in the name; of the House framing the same, and then sent to
the other House for Concurrence: But the House of Representatives have not
before found an Instance, that one House has made a new draft for, and in the
uame of tlie other, and then .sent it to the other to act upon. And tho the Hou.sc of

[Notes.] Phovixce T.aws. — M>Vi-C'. 785

K(>j)rescntativea readily believed it was far from the intention of ilio Ilnn''' Board
to jnepaie a Vote to orifiinato in the House; yet it is coneieved the IIoii'''c
Board have in fact so iirepansil a Vote for them.

The House of Keiiresentatives tlieiefore must think the non'''*^ Board have (h)ne
some what more tiian altering or amending the Vote sent u\>: It seems liard to
conceive that the Vote of the llon''''^ lioard, their framing an em in; n(!\v dr:>(t in tlie
name of the House, and sending it down to the House' for them lirst loa( t upon, ran
with any kind of propriety be said to be only altering or amending the Original
Vote of the House.

The Hon'''" Board have an undoubted right in all cases (except those of Grants &
^loney BilN) to bring any Vote or Bill sent up from the House into a new draft:
But then such new draft should be made the Act of, and passed upon by the Hon'''*
Board before it is sent down.

The House of Koprcsentatives therefore, being on the one hand cautious how they
attempt any iufringement of the just rights & priviledges of the Hon''''' Board, and
on the other tenacious of their own, anil ever desirous of preserving and cnliivat-
ing that good nndorstaudiug and Harmony which has hitherto happily subsisted
between tiie two Houses, think they had just occasion for sending the Message
rcfi'ired to hy the Hon'''*^^ Board; which iSIcssage but barely hinteil at the innovation
tliat seemed to be taking place."— i ?>/</., p. 'M6.

" Feb. 7, 17C5. In the House of Ueprescntatives. Whereas by an Act passed by
this Court at their Session in May last, the Treasurer was iinpowered to draw Bills
to the amount of Forty eight thousand pounds Sterling directed ' To Jasper Maud-
uit Esq'' Agent for the Province of the Massachusetts Bay in London, or in case of
his Death or absence. To Richard Jackson jun"' Esq"^' — since the passing of which
Act, the said Jasper JSlauduit hath desired to resign the Agency, and the Court hat h
accepted of his sJ resignation; and there yet remains in his hands a Sum fully sulii-
cient to Answer the Treasurers Hills to Compleat the amount aforesaid.

Resolved, That the Treasurer be, and hereby is impowered to direct all such Bills
as remain to be drawn by virtue of said Act ' To Jasper Maiuluit 'E<q' in London '
— leaving out the remainder of the direction prescribed by the said Act, anything
therein to the contrary notwithstanding.

In Council, Read <& Concurred. Consented to by the Governor."— /6id., p. 389.

Chap. 6. " Feb. 15, 1763. A Bill intituled 'An Act for repealing the several
Laws now in force which relate to Highways, and for making one gcmcral Art of
the same' — having passed the House of Representatives to be engrossed.— In Coun-
cil Read a first time and Committed to Samuel Dauforth William Brattle and John
Choate Esqi^^ to consider and report thereon."— C'o«hc(7 Records, vol. XXIV., p. u84.

" June 3, 1703. In the House of Representatives Ordered That Col" Clap, Major
Humphrey and Col'' Bagley with such as the Hon'''^^ Board shall join, be a Commit-
tee to prepare a general Bill Relating to Highways through the Province and make
rejiort.

In Council Read and Concurred and Sam^ Danforth and John Cheat Esq™ are
joined in the affair." — Ibid., vol. XXV., j}. 24.

Chap. 7. "Jan. 25, 1763. A Bill intituled An Act to impower the Proprietors of
the Meeting House in Newbury where the Rev<i Jonathan Parsons now officiates to
raise money for defreying Ministerial and other necessary Charges— having passed
tlie House of Representatives to be Engro.ssed.— In Council Read a first time: And
the Question being put Whether this Bill have a second Reading? It passed in the
Negative " — Council Iiccord.'<, vol. XXIV., p. 517.

"June?, 1763. A Petition of the Proprietors of the Meeting Hou,se in Newbury
whereof the Rev<i M' Jon" Parsons is Minister. Praying that they may be enabled
to tax the Pews in said House, and likewise the Persons and Estates of those who
occupy the same, in Order to raise money for defreying Ministerial Charges. In
Council Read and Ordered That the Petitioners serve the lirst and tliird Parishes
in the Town of Newbury, each with a copy of this Petition, and of tlie Bill therein
referred to by leaving the said Copies with the .several clerks of the .said Parishes,
that they shew Cause (if any they have) on the second Wednesday of the next
sitting of this Court why the Prayer thereof should not be granted. In the House
of Representatives Read and Concurred."— /6'c/., vol. A'AT.,;). .'Vi.

"Dec 2'.), 1763. The following Order passed on the Memorial of the Proprietors
of the Meeting House in Newbury, whereof the Rev^ M"" Jonathan Parsons is Min-
ister as entred the of June last. In Council Read again together with the
answer, And Ordered That Benjamaiu Lincoln and Harrison Gray Esq"^ with such
as the hon'''« House shall join be a Committee to take this Petition, with the
Answer under consideration, hear the Parties and make report. In the Hou-e of
Representatives Read and Concurred and ^V I.anca3ter, M^ Tyler and M-^ Belcher
are joined in the ASa.\T."—IbiJ., p. 10'!.

"June 4, 1764. A Memorial of the Elders and Members of the Presbytenan
Church in Newbury-Port, i)raying they may be allowed to bring in a Bill to Tax
the Pews of those who atten>l said Meeting.

Read and Ordered, That the Prayer of the Memorial be granted, and that a Bdl
be brought in accordiAgly." — House Journal, 1704-65, p. 25.

Chap. 8. " June 10, 1762. A Petition of the Inhabitants of Beuardstr)n— Set-
ting forth, the very great difficulties they have undergone in settling the .said place,
which has been verv much expo.sed to the Enemy, which has at times obliged them
to draw into Garrison, and kcjit them backward in their Improvements: And Pray-
ing that their Province Tax may be abated, and that a Tax may be laid on their lot-

786 Province Laws.— 1764-65. [Notes.]

ted Lands for three Years to enable them to pay their Minister his Settlement and
Salary.—

Ill the House of Representatives Read and Ordered Tliat the Petitioners serve the
nonresident Proprietors of Bernardston witli a cojiy of this Petition by inserting
the substance thereof in all the Boston News Papers tliree weeks successively, that
they shew cause (if any they have) on the second Wednesday of the next Sitting of
this Court why the Prayer thereof should not be granted. In Council Read and
Concurred." — Council Records, vol. XXIF.,p. 422.

Chap. 12, " Jan. 19, 1764. The following Order passed on the Petition of a num-
ber of the Inhabitants of Marbleliead, respecting JMeasiires to prevent the Small
Pox, viz' In the House of Representatives, Ordered That the Selectmen of the
Town of Marblehead be, and hereby are inipowered to Erect a Fence across the
Highway in Marblehead for the purpose aforesaid in tlie place where it was erected
for tlie same purpose in the year 17512; and continue the same there nntill the first
day of June next. And tliat the Selectmen of Marblehead and the Justices of the
peace in that Town, be, and hereby arc impowered at the Charge of the Town to
set up aud keep a suitable Watch or Watches at the place aforesaid until the said
first day of June next: Aud that the said AVatch or Watclies be, and hereby are
impowered to examine all such Persons as shall attempt to go into said Town of
Marblehead, from whence they came and the occasion of tlieir going into the
Town: and to prevent all persons Goods and Chatties going or being carried into the
Town of Marblehead, if the Watch shall judge there is danger of the Small Pox being
carried into the Town thereby. In Council." — Council licivnls, vol. XXV., p. lo'.l.

"Jan. 21, 17()4. In the House of Representatives, Resolved for preventing the
Small Pox being carried into the Town of Salem, that the Selectmen of said Town
be, and they hereby are impowered to erect Fences across the Highways leading
into said Town in such places as they may think convenient and necessary for the
purpose aforesaid and continue the same until the first day of June next. And that
the Justices of the Peace in said Salem and the Selectmen of that Town be, and
they hereby are impowered at the Charge of the Town to set up and kecii suitable
Watches at the places where said Fences may be erected until the said first day of
June: And that the said Watches, be, and hereby are impowered to Examine' all
sm'li Persons as shall attempt to go into said Town of Salem from whence thej'
came, aud the occasion of their going into the Town; and to prevent all Persons,
Goods and Chatties going, or being carried into the Town of Salem if said Watch
shall judge there is danger of the Small Pox being carried into tlie Town thereby.

In Council Read and Conctirred Consented to by the Governor." — Ibid., p. 141.

" Jan. 21, 1704. In Couuc^il Voted That Thomas Hutchinson, William Brattle,
Israel Williams and John Choate Esq"^"* with such as the Honourable House sliall
join be a Committee to prepare and bring in a Bill in addition to the Laws already
made for i^reventing the spreading of the small pox and other enfections distempers.

In tlie House of Representatives Read and Concurred and Col" Clapp, Col"
Dwight, Docf Smith, M"- Otis and M"- Tyler are joined in the Affair."— /i/c;., p. 14:5.

" Jan. 2."), 17()4. In the House of Representatives: Resolved for preventing the
Small i)<)x being carried into any of the Towns and Districts within this Province
that the Selectmen of the several Towns and Districts in this Province be, and they
are Iiereby impowered to erect Fences across the Highways leading into said Towns
and Districts, as they may tliiuk convenieuli and necessary, anil continue the same
till the first day of Juno next, and tliat tlie Justices of Peace and Selectmen in each
Town and District respectively be, and they are hereby impowered at the charge of
their respective Towns and Districts to set up and keep suitable Watclies at the
places wliere such Fences shall be erected, tiiitil tlie said first day of June, and that
tlie said Watcli be, and hereby are impowered to examine all such persons, as shall
attempt to go into said Towns or Districts relative to such matters as may tend to
discover whetlier tliere be danger of spreading tlie Small pox; and to prevent all
Persons, Goods or Chatties going or being carried into sucli Towns or I>istricts, if
the said Watch shall judge there be any danger thereof, until information of such
Preveniion can bo given to the Selectmen of such T(nvu or District, or to some
Justice of Peace; who shall thereupon immediately give such Order in the premises
as tiiey shall judge fitting and safe.

In Cfhmcil Read and Concurred." — Ibid., p. 151.

" Juner), 17(!4. James Otis Esq"" from the House of Representatives came up to
the Board on a Message to acquaint them that, as the Small pox is supposed to bo
in I ho neighbourhood of Coiuioril tlio House had agreed that all matters of a private
nature be referred to tlio next Session, and to desire that tlie Boanl would agree
witli tli(;m tlH!rein."— 7?>('(Z., /). 221.

"June .H. 17(>4. In tlie House of Representatives. Resolveil That the Selectmen
of tli(! Town of Marlilchead be and hereby are impowered to erect a Fence across
thi; lligliway leading into said Town in tlie same place where it was erected in the
year 1702 to i)rcviMit the spreading of the Small pox in said Town, and to continue
said Fence until the first day of September next, and that tlie Selectmen of said
Town be and hcnshy are impowered to apjioint and set up, at the charge of said
Town, a suitable Watch at the place aiorementioned, whicli Watch shall be
imjiowcnMl to examine all such jiersons as shall attempt to go into said Town
of Marblehead from whence they camo, and to jirevent all I'ersons, Goods and
P>aggag(> from going or being carried into said Town of Marblehead, if said Watch
shall judge there is danger of the Small pox being carried into said Town thereby,
for a space of time not exceeding one hour, within which time the said Watch shall
notify soiiU! one of ihv Justices of the Peace or the Selectmen of said Town, who
shall have power to demand a declaration upon Oath of sucli Person or Peraona

[Notes.] Province Laws. — 17G4-G5. 787

desiring Admission, that neither themselves nor Goods have heon lately so near
any jiiace iiifei-'ted witli the Small y>o\, so as to endanj^er any persons takin^i; said
I)isteiiii>er from them, and upon tlie refusal of siuli jiersons to take saiil Oath, to
prevent tlieiu from entring into said Town, and if such dfclaratiun he not
demandeil within one hour from such Persons cominLT and demanding admission
from said Watc-h, then and in tliat case tliere sliali he no furtiier Ohstruclion to
tliem or their Baggage from entring into said Town.
In Council Head and Concurred. Consented to by the Ciovernor."— /l»/W., p. 245.

Cliap, 13. The passage of this act was the result of repeated applications to the
General Court, during the period of ahout live years, by a large nvunher, if not n
majority, of the male inhabitants of the plantation of S'arragansett, No. 7, whose
efifiirts to secure an act of incorjioration were strenuously opposed by a lariit!
minority of the (jualified voters among tlie actual settlers. The conti-ntion l)ct\veen
tliese parties seems to have begun in tlie opposition of the petitioners for incorpora-
tion, to Mr. Solomon Lombard who, in 1750, was settled, as tlie regular minister of
the plantation.

In December, 1759, these petitioners applied to the general court, to be incor-
porated into a town, alleging that tlie inhabitants of the plantation had increased
to sixty families, and that, by the discontinuance of the aid hitherto granted by the
non-resident proprietors, and for want of proper authority to assess and collect the
necessary funds, they had no meeting-house nor schools; that their highways were
neglected, their cattle and fences without regulation, and tliat ilisorderly poor were
coming in among them. This petition was signed by Edmund and John IMiinney
and thirty-six others.

On this petition, the General Court at their third session (1759-()0), ordered notice
to the non-resident proprietors. The petition was again read in the fourth session,
together with the answer hereinafter described; but no further action was ha<l
upon it iiutil the first session of tlie next year, when the petition and answer were
referred to a joint committee, June 5, 17(JU. The answer bears date March "24, 17<:0,
and is signed by Jacob Hamblen and Hugh McLellan. who claim to be a committee
of the " well affected, who are heartily well wishers to government and fully
attached to the constitution of our churches, and bear a true affection to a learned
ministry and have not the least inclination to prove prejudicial to any public
interest nor prevent the exercise of any power that may be for the real benelit ami
peace of society nor prevent any i)ower lodged in any hands that may answer the
ends of government; viz., God's glory and the good of men."

The reasons alleged by these remonstrants why the prayer of the petitioners
should not be granted, are, briefly, the poverty of the inhabitants, and their conse-
quent inability to ]>ay province, county and town taxes; the spirit of hostility
manifested by the jietitioners, towards tiie remonstrants and the non-resident jiro-
prietors, and the expensive litigation tliat would result therefrom, at the common
e.\pense, as soon as they should be incorporated; and, finally, the expense to which
the remonstrants would be subjected in being forced to contribute towards building
a meeting-house other than that which the proprietors were already obliged to
build by the terms of the original grant.

Up to this time, the iiilial)itants had met, for the transaction of their religious
and secular affairs, in the flanker of the fort built for their protection against the
hostile French and Indians; and it seems to have been generally understood that
the exposed situation of this settlement, on the frontier, was a sufficient exi'use for
non-compliance, by the proprietors, with the condition requiring them to build any
other structure, as a meeting-house, during the continuance of the war with France.

As early as 1757, Mr. Lombard had become obnoxious to those of his parishioners
who now asked for an act of incorporation, on account of his conduct in the discipline
of his church, which, it was allc.:ied, had had such an evil tendency that it had
weaned their " afTectious from hiui and in a great measure .spoilt his usefulness to-
wards" tliem. They also cliarged him with lomentiug quarrels among neighbors,
and of neglecting his official duties, to engage in secular business, for his private
benefit. Being uuable to secure the dismissal of Mr. Loml)ard, these disatfected •

parishioners seceded from the church at the fort, and set up a .separate congrega-
tion, over which they installed, as minisier, Mr. Town.send,* a layman,— ordaining
him, Apiil 4, 175!), by the primitive congregational method, without the aid of tlio
neighboring ministers and churches, who declined to assist therein.

Such was the state of affairs among the inhabitants of the plantation at the time
the petition tirst above alluded to was presented to the (ieneral Court. Upon the
merits of this controversv, the non-resident proprietors were divided in opinion;
and of. these, James Bryant and eight others favored the petitioners, and John
Waite, Wm. Cotton and Joshua Bangs, who jnofe.s.sed to sign in behalf of all the
non-resident proprietors, favored the remonstrants.

After a full hearing, the petition was, by a concurrent vote of the Assembly, or-
dered to be dismissed, June 10, 17(iO. , .

- ■ " ' - ' of in-

former

♦ov thft

their services, by the town treasurer; an offi( er they hail no authority to choose

without an act of incorporation. They allegeil, a< further reasons for -ranting

their praver, that since their former petition they had built a meeting-house, which

the proprietors had still neglected to do, and that their population had increased to

eighty families.

* See Pierce's History of Uorbam.

788 Provikce Laws.— 1764-65. [Notes.]

This petition was opposed in a remonstrance hy tlie "well affected,"— confes-
sedly a minority, and representing " about thirty or five and thirty mails from six-
teen years old and uijwards." This paper is in tlie handwriting of Lombard, and
signed by him, John M'^Daniel, and thirty others.

The proceedings on this last petition are evidently not all recorded. It appears
to liave been jiresented at the May session, 17(i2-G3, and was, probably, dismissed,
either during that, or the next session; for we find, at the third session, both the
petition and remonstrance read again, revived and dismissed, by a concurrent
vote. The next that appears of record in this matter is the following entry; from
which it is inferred tliat either the dismissed petition was again revived, or a new
one presented, in the second session of 17G3-(J4, the tiles of which session were unfor-
tunately consumed in the fire which destroyed the new college at Cambridge,
where the General Court was held: —

" Dec. 27, 17G;i. Upon the Petition of a Ntimber of the Inhabitants of Narraganset,
N" 7, alias Gorhani Town in the County of Cumberland, praying that they might
be erected into a Township, the following Order passed viz*

In Council Read and Ordered That the Petitioners serve Solomon Lombard Esq"^
one of tlic f»rincipal Inhabitants of Gorliam Town with a Copy of this Petition, that
so he and the other Inhabitants, Nou Petitioners shew cause (if any tliey have) on
the last Wednesday of January next why the Prayer thereof should not be granted.

In the House of Reiiresentatives; Read and Nonconcurred and the Petitioners
are allowed to bring in a Bill for the purposes mentioned.

In Council Read and and Concurred." — Council Records, vol. XXV., p. 98.

This petition seems, by the following entry in the journal of the House, under
date of June 4, 1764, to have been renewed at the next May session:—

" A Petition of a Number of Inhabitants of a Place called Gorham-Town, praying
they may be incorporated into a Township for the Reasons mentioned.

Read and so far granted, as that the Petitioners be allowed to prepare the draft of
a Bill for that purpose, and make Report."

Chap. 17. Distance from the shire towns, and the inconvenient seasons at which
the terms of court were held, led to petitions from several towns in W(n-cester,
Hampshire and Middlesex, for either the establishment of new times and places for
holding the superior court and inferior courts of common pleas, or the erection of
new counties, by division of the old ones. In some instances, the petitioning towns
iinited in the appointment of agents, to urge their petitions, and secure a redress of
their grievances, in the general court. Except in the case of Middlesex county,
these petitions, although they were received, and notice ordered to be given upon
them, seem not to have been pressed further; possibly because this chapter, and
chapter 20, of this year, made such changes in the times for holding the courts, as
were satisfactory to the petitioners, or because their respective petitions, and the
accompanying papers, were destroyed by fire, with other pulilic documents, when
the new college-building was consumed.

As early as January, 1704, a committee appointed to prepare a bill for altering the
times for holding the common-law courts in the county of Middlesex, had reported
the draught of a bill, which was referred to the next May session, in order that sev-
eral towns, in that county, which had not joined in the petition, might be apprized
of the movemcmt. This bill related only to the superior court of judicature, (;ourt
of assize and general gaol delivery, and provided for changing the place of holding
said court, from Charlestown to Concord.

At the May session, 17()4, the report of this committee was again continued, and
further notice was ordered to be given to the towns of Midtllesex. No further ac-
tion on this report, has been discovered.

At the third session of the general court, this year, a joint committee was ap-
pointed " to prepare the draught of a bill for altering the time for holding several
of the courts thronghont the province." This committee was subseciuently en-
larged, and reported a bill to the Council, the 2d of February. This bill, which
was identical with the present chapter, had reached the House, and there jiassed
^ through its several stages, to be enacted, by Feb. 7, on which day tiie House also

ordered that it be jiriuted in all the Boston newspai^ers. It was passed to be enacted
by the Council on the 11th, and was signed by the Governor on the 12th, of February.

In the mean time the agents of sundry towns in Middlesex had renewed their
petition to be set off as a new county, and a committee had been appointed to hear
the parties and make report. Although the records fail to show the litial action on
this ]>etition, it appears, by the following petition, that it was dismissed, and that,
thenMijion, the iietiiioners joinml in asking that one term of the court of common
j)leas might be lield, anniuiUy, in or near the town of Groton. By the non-ccmcur-
retice of the Council, this measure also failed.

" Province of the I

IMassachusetts Bay ) To his Excellency Francis Bernard Esq"^ Captain General
and Govencr in Cheiff in and over his Majestys s'' Province and to the Honourable
(Jouncil and house of llepresantatives in General Court assembled at Boston Fel)-
ruary A.D. 17(!5.

Humbly Shews— The Sub.scrilHjrs agents for the Several Towns in the County of
Miildlesex, that they in behalf of their Constituents in February A.D. 17()4, Per-
fcrcd a PctiiioM to the General Court then Sitting; SlKiwing forth the Disadvan-
tages tlm saiil Towns and otlu^rs Laboured under by reason of their Great distance
from the Several Courts of Justice in the said County of middlesex and other rea-
sons mentioned in said Petition, the Petition was Taken under Consideration at the
last may session when this Honourable Court ordered tliat the several Towns in
the Cuuiitys of middlesex, and Worcester should be Notilicd, wliich was done in the

[Notes.] PKOvnNX-E Laws.— 176-1-G5. 780

Piiblick Prints, that at this Present Session the sa[id] Petition was Taken under
Consideration and a Coin"'*' (."husen to Examine into y afair wiiii'li has been done
and as Your nietnorialist arc Infoiiiied tlie Majcrily "f tlie Coni"''^' a;,'ro(!d and tbere-
xipon Reported that y« s'' Petition slioiild bee Dismissed whicli report as Your mc-
inorialist are Informed is aceepted l)y tlie lltmonrable Board (how True wo dont
know) bnt if it Siionld so happen, wo Pray this llon'''^' house not to aeeei)t of Said
report, liow Ever if we Sliould be so unfourtunare as not to have tlie Prayer of
Said Petition Granted wo Earnestly Pray that they may at Least be so far releived
as that one Inferioiir Court may b:' lu^ld in or near the town of Groton in n'^ County
and that tlie Inhabitants of tin; northerly part of Said ('ounty of niiddlesex may
be otherwise releived in rej;i»rd to the Transacting their Piiblick afairs as mncli as
Possibley may be and Your Petitioners la behalf of themselves and Constituents as
in duty Bound shall Ever Pray Akf.i. LAwnKNfE

BENJAMIN Brooks Jamks PijKsfoTT

Jonathan Lawuanck Jonas Cni.Eii

EpH" IIlI.UUK.TU Omvk.u PnKSroTT

Jonas Pkescott W'^' Prf.scott

In the House of Rep^'* Feby 8 17(55 Read and Oniered that the Pet" serve the
several Towns concerned in the event of this Petition with cojnes th(;reof that so
they shew cause if any they have why the prayer thereof should not be granted
Sent up for concurrence

James Otis Speak"" pro. Tempore
In Council Febry 15. 1765. Read and Nonconcnrred.

A. Oliver Sec."— iVoss. Archii-ex,
vol. 44, p. 540.

Chap. 18. "June 9, 17C1. A Petition of a number of Inhabitants of Leicester
and Rutland — Setting forth— the great inconVeniencies they labour under Ity living
at a distance, from three to five miles from the place of public Worship; And Praying
they may be erected into a seperate Town or District by certain metes and bounds
in said Petition mentioned. — In the House of Repi'esentatives Read and Orderi^d
That the Petitioners Serve the Towns of Leicester and Rutland with copies of thi<
Petition that so they respectively shew cause (if any they have) on the second
Wednesday of the next Sitting of this Court why the Prayer thereof should not lie
granted. In Council Read and Concurred." — t'o" ndl licrorch, vol. XXIV., ]>. 'JS.

" June 12, 1702. A Petition of Joazaniah How and otliers of Leicester, Praying
to be erected into a Town, District or Parish, so that they may be enabled to carry
on the Public Worship of God among themselves or that a Committee may be sent
to view the circumsrances of the Petitioners, that so they may obtain Relief.—

In the House of Representatives Read and Ordered That the Petitioners serve
the Towns of Leicester, and Rutland with Copies of this Petition that they shew
cause (if any they have) on the second Wednesday of the next Sitting of this Court
why the Prayer thereof should not be granted.

In Council Read and Nonconcnrred." — Hud., p. 434.

" June 10, 1763. A Petition of a Number of the Inhabitants of the North part of
the Settlers part of Leicester, and of some others Inhabitants of the Southerly Part
of Rutland— Setting forth That the difBeulties they Labor under in attending the
Public Worship in the respective Towns they belong to. And Praying to be erected
into a separate Town or District, and further representing That the Land I'rayed
for lying in Leicester was set off by a Town Vote for tlie ends proposed at a Town
Meeting held on the 1G"» day of May last.

In the House of Representatives Read & Ordered That the Petitioners serve
the Town Clerk of Rutland with a Copy of this Petition, that they shew Cause (if
any they have) on the second Thursday of the next Session of this Court why tlie
prayer thereof should not be granted.

Ill Council Read & Concurred." — Ibid., vol. XXV., p. 51.

" June 14, 17G4. A Petition of Oliver Witt and Others, Inhabitants, some of them
of Leicester, and Others of Rutland— Setting forth the great difliculties they labour
under by living at .such a distance from the place of Public Worship in the several
Towns to which they belong; none of them being less than three miles di.stant, one
only excei)ted, some of them four, and many of them live miles distant, and the
way bad. And Praying that they may be erected into a distinct Town, District or
Precinct bv certain bounds in their said Petition mentioned.

In the House of Representatives Read and Ordered That M' Foster of Brookfield
and Colo Williams with such as the honorable Board shall join be a Committee in
the recess of the Court to repair to the jilace petitioned for to be erected into a Par-
ish, at the charge of the Petitioners. And that they hear all Parlies ii.terested for
or against the said incorporation and report at the next Session whether the Prayer
thereof shonld be granted.

In Council Read and Concurred and Benjamin Lincoln Esq' is joined in the Ai-
{■.ur."—Ibi<l.,p. 2<;!).

" Jan. 25, 17<)5. a Petition of a number of the Inhabitants of the North part of
the Town of Leicester and of the South part of the Town of Rutland praying to be
erected into a Town or District as entered the 14"' .lune last, and having been then
Committed to a Committee of both Houses: the said Committee now made Report;
and thereupon the following Order passed viz'-

In Council. Read and Accepted: And Ordered that the Petitioners have liberty to
bring in a Bill accordingly.

In the House of Representatives, Read and Concurred."— 76/d., p. .356.

Chap. 20. "Feb. 4, 17(>5. In Council. Whereas the Court of General Sessiona

190 PiioviNCE Laws. — 1764-65. [Notes.]

of the Peace and Inferior Court of Common Pleas, which by Law were to be held
at Y(n-k for tlie Ci)unty of York on the first tnesday of January last past, now
stand adjourned Ijy the Justices of said Courts to the twenty sixth day of February
Instant; and diverse of the -Justices of said Courts and other persons who are con-
cerned in business there are Members of tliis Court: and the imjiortant Affairs of
the Province now depending reeiuire tlieir attendance.

Wlierefore Ordered Tliar the said Court of General Sessions of the Peace and
Inferior Court of Common Pleas, wliicli by Law were to be held at York in January
last, and now stand Adjourned as id'oresaid, be and hereby are further adjourned to
the first Tuesday in A]irll next, to he held at the Court House in the said Town of
Y'ork and all Pleas, Writs, Actions, Suits, Complaints Processes, Precepts Recog-
nizances and other tiling and things whatsoever returnable and having day or days
in tlie said Courts, sliall stand, abide and continue unto the said Adjournment, and
beheld deemed and adjudged to be as good effectual and available in Law to all
intents and purposes whatsoever, as if such Courts had been held and kept on the
day by Law for holding the same, and no Adjournment thereof had been made.

in the House of Representatives, Read and Concurred

Consented to by the Governor."— C''j»iir?7 Records, vol. XXV., p. 376.

" Feb. 15, 17(i.5.' In the Hou^e of Representatives. Whereas the Court of Gen-
eral Sessions of the Peace and Inferior Court of Common Pleas by Law are to be
holden at PittslieM in the County of Berkshire on the first Tuesday of March next.
And whereas the business lliat, will probably be to bo transacted at said Court will
not be very considerable, nor the immediate dispatch of it any way equal to the
extraordinary diliBoulty and expence of attending the said Court there at so diflicult
a time of travelling as is then like to be. And whereas the ill health of some of
the Justices of the said Court may probably prevent their attendance at that time.

Therefore Ordered that the Court of General Sessions of the Peace and Inferior
Court of Common Pleas, which by Law are to be holden at. said PittsHeld on the
first Tuesday of March next, l>e and hereby are Adjourned to the last Tuesday of
April next, then to be held at the Court House in Great Barrington in said County,
at ten of the Clock in the foi'enoon of said day. And that all Pleas, Writs, Actions,
Suits, Complaints, Processes, Precepts, Recognizances and other thing and things
whatsoever returnable and having day or days in the said Court, shall stand, abiile
and continue unto the said Atljournment to the time & place last aforesaid, and
be held deeni'd and Adjudged to be as good, effectual and available in Law to all
intents and purposes whatsoever as if such Courts had not* been kept & held on the
day and at the place aforesaid by Law ' appointed for holding the same, and no
Adj(uirnment thereof had been made.

In Council, Read and Concurred. Consented to by the Governor."— J&(d., p. 409.

See, also, chapter 17, ante.

Chap. 21. "Jan. 28, 17()5. a Petition of the proprietors of a new plantation
called Royalshire Setting forth— That they have near compleated the Settlement of
the said plantation; and praying that th« said Plantation may be erected into a
Town.

In the House of Representatives, Read & Ordered, That the Proprietors have
liberty to bring in a Bill for the purposes abovemeutioned.

In Council Read, ami Concurred.''— C'o««ci7 Records, vol. XXV., i). ?>i\Q.

Chap. 22. "June 7, 17(i3. A Petition of the Inhabitants of Dorchester Canada
in the County of Worcester. Praying That they may be incorporated into a Town
and that they may have liberty to lay a Tax of 'l^'h^^ pr : Acre on all the Lands in said
Township for defreying the necessary Charges thereof.

In the House of Representatives Read and Resolved That the Plantation called
Dorchester Canada with the Several Farms therein contained be incorporated into
a Town; and the Petitioners are allowed to bring in a Bill accordingly. Resoh <•(!
also that the JVititioners Notify tJio proprietcu'S of all the Lands lying wiihin the
Bounds of said Dorchester Canada to shew Cause (if any they have) on the second
Wednesilay of the next Sitting of this Court why the Tax jirayed for in this Peti-
tion should not b(^ granted by inserting the substance thereof in one or more of the
Boston w<;ekly News I'apers thr(;o weeks successively.

In Council Read and Concurred."— G't»««c77 Records, vol. XXV., p. 37.

Chap. 2(). " This is a temporary Act which is frerniently renewed. There are some
alterations Sc a(lditioMS which makes this Act dilTerent from the former, which it
is not wortli while! to trouble your Lordships willi. 1 ha\e lu'foro observed to
Your Lonisliips that there is ajx'rpetual Act for fees which this temporary Act
dilTers from and thereby partially repeals the perpetual Act. This is an irregular-
ity: but it has sulisisted so long liefore my time, that I cant take excei)lion to it.
This Act is enacted only for tiiree years."— f/oc. Bernard t<> Lordji of Trade, Apr. 8,
17(i.'): "Mass. lUni, I',. 7'.,"" vol. 7.S, L.I., 7'.t, in Pablic-Reeord Office.

"This Act regidating tbo Fees of the .several Officers witliin tliis Province assigns
no reas<ni for the pa.ssing the .same. And the propriety of it must be submitted to
Your Lordsliips."— 67'r M. Lamb's Report, June .SO, 17ti(i: ibid., vol. 79, M. m., 55.

Chap. 28. " June 2, 17(13. The Secretary delivered the following Message from
his Excelhnu'y the (Jovernor to the two Houses respectively vi/'
(Jiuitlemen of the Council and Gentlemen of the House of Representatives
I am directed by tlie Jjords of Trade to take a particular Account of the nundier

• Sic: " had been kept," &o.?

[Notes.] Puovincl: Laws. — 17G4-05. 791

of the People of this Pnivince with all proper distintions thereof I am desirous
to have this done with the utmost exaituoss, as such information will he of pjreat
use to the Govenuueut of tliis Pioviufo as well as to his Majoty's Ministers. I
therefore propose to have the returns of the several Towns made upon o;itli accord-
ing to a form to be issued for tiiat purpose. And as I apprehend these orders will
he more effectual, if tliey are issued under the autliority of the whole Legislature;
J recommend tiiis affair to your consideration. Fra» Bernard." —Council

Records, vol. A'AT., p. 2'J.

" June 3, 17ti;5. On his Excellency's Message of yesterday. In the House of Rep-
resentatives. Reail and Ordered tiiat M"" Speaker, Major Morey, Judge Russell,
Mr Otis, M'' Trowbridge, M"" Foster of Plvmouth and M"" Tyler with such as the
Honi^'e Board shall appoint he a Committee to take tliis message under considera-
tion, and make reiwrt. In C!i>uiuil Kcad and Concurred and .John Oshorne, IJenj"
Lyude, Sam' Watts, Sam' Daufurth, Benj" Lincoln, and James (Jtis Esij™ are joined
in the Affair."'— //)/r/.

" June 3, ITi;:!. Tlie Committee appointed on his Excellency's Message of the 1^'
Instant made the following report Viz' The Committee above mentioned having
met and taken His Excellency's Message into consideration beg leave to rejiort it
as their opinion That it is expedient an able Mathematicion should be engaged for
the purposes pointed out in his Excellency's Message. And that his Excellency be
desireil to appoiut one accordiugI\-. In Council Read and sent down. In the
House of Representatives. Read and Ordered That this report be accepted: and
there upon Resolved That his Excellency be desired to appoint an able Mathema-
ticion for the purposes mentioned accordingly. In Council Read and Concurred
(7"') Consented to by the Governor."— /ft/c/., p. 28.

"June II, ITil'!. in the House of Representatives. Ordered That M'' Waldo be
of the Committee upon his Excellency's Message relating to the numbering of the
inhabitants &c in the room of Major Morey who is absent In Council Read and
Concurred."— Z/>/d., ;). 50.

" June 15, 17(j>. The Committee appointed on his Excellency's Message the 2"*
Instant reported as their opinion that his Excellency the Governor be desired to
give Orders to such Perscm or Persons in the several "rowns of this Province, as he
shall judge most proper to take a particular account of the number of the People
therein distinguishing them in the manner following viz'

iM'iles /
Females I ""'^^'^ ^°'^ above the age of sixteen each

Negroes and Molattos Males and Females

Civilized Indians Males and Females

Dwelling Houses and Families

And that Order be given that the Accounts so taken he lodg'd in the Secrctarys
Office as soon after as may be. In Council Read and sent down

In the House of Representatives Read and not Accepted and Ordered That M""
Otis, M"" Goldthwait and M"" Cushing of Boston with such as the hon'''" Board shall
join be a Committee to prepare an Answer to his Excellency's Message and make
report. In Council Read and Nonconcurred. And thereujiou Resolved That his
Excellency be desired to give directions to the Selectmen of the several T<»wns &
Districts within this Province to take an exact account of the Number of Persons
in their respective Towns and Districts, with such distinctions as he shall think
necessary, and that he give Orders that the account so taken be lodged in the Sec-
retary's Office as soon after as conveniently maj' be, Also that William Brattle Esq""
■with such as shall be joined by the hon'''" House be a Committee to wait on his
Excellency' the Governor with this Vote. In the House of Representatives Reatl
and Nonconcurred and the House adhere to their own Vote. In Council Read and
Nonconcurred."— /bid., p. 72.

" Jan. 20, 1704. The Secretary delivered the following Message from the Governor
to the two Houses respectively viz'

Gentlemen of the Council and Gentlemen of the House of Representatives

At the last Session I informed you that I had Orders from the Lords of Trade
among other things to return an account of the num1)ers of the People of this prov-
ince, and that I found it necessary to ask your Assistance to enable me to do this in
the most effectual manner. This buisiness was then under your consideration, but
being some how or other misunderstood, it never came to a conclusion. But I
learnt that a principal objection to my proposal was that it did not ap[>ear that this
Question was equally proposed to other colonics, althou'.^h upon the Face of the
Queries it appeared to b(; a General and circular Requisition, and that it was fre-
quently repeated at a certain distance of time. As 1 had no oiiportiinity to satisfy
You upon this Point at the la^t Session; I soon after informed my.self of what hail
been done in the same case in the ncighV)ouring Colony of Coimecticut: And I find
that this Question has been answered about two years ago, and that this Answer
was framed l)y the same method I proposed to you, namely a Return of the Select-
men of each Town by order of the General Court. It also appears from their
Return that the same Question had been proposed in \~')>i, and that an exaot Return
had been made to it. If this had been made known to You at the last Session, I
make no doul t but that You would readyly havecoinplyed with my Itequest: .A.nd
as upon all Ocasions I represent your proceed ini^s in the most favourable Light I
can, I have acquainted their Lordships, that 1 considered this buisiness as iv)S]ioned
ouly, and that I did not doubt but that it would pass at the next Session. I must
therefore desire You to reconsider it according to ray former proposal.

Council Chamber, Fra. Bernakd.

January l!t"> lliH."—Ibid., p. i;?9.

On the "second day of February following, the order recited in the preamble to the
act was passed.

792 PROVINCE Laws. — 1764-65. [Notes.]

" Feb. 15, 17G5. The Secretary delivered the following Message from his Excel-
lency tlie Governor to the two Hr)uses respectively viz*—

Gentlemen of the Council, and Gentlemen of the House of Representatives.

I am to inform you that tlie Order of the General Court made on the \i'^ of Febru-
ary 17()'i for the Selectmen of each Town and District to make a Return of their
Houses, Families & people has lieen disobeyed by a great part of the Province, so
that the Returns which have been made are of no use. I have been near three
years endeavouring to carry into Execution this Order which was executed in the
Colony of Connecticut by order tlie Assembly in less than three months: from
whence this Contempt of an order of Court so reasonable and useful arises, I am at
a loss to say: but surely it will bring a great reproach upon the Province, if you do
not intervene to prevent it. I must therefore desire that you will forthwith enforce
tlie Execution of this Order by a short day, and in such a manner as shall leave no
room for disobedience or at least that you will furnisli me with an Answer to his
Majesty's Ministers, shewing cause why this Enquiry cannot be Executed in this
Province as well as in others. Fra Ei':rxard."— /6i(/., p. 414.

"I have before informed your Lordships of the difficulties I met with in procur-
ing an exact account of the numbers of the people of the Province, which have
been occasioned by a few wicked persons insinuating groundless fears and jealou-
sies concerning this measure among the people. Above a year ago the General
Court made an order for this business in the manner I desired. This order was but
partially obeyed, th(M-efore last Session the tJeneral Court passed the present Act
wliich explains itself. It is made a question whether this Act will be universally
obeyed however I shall pursue my purpose." — Gov. Bernard to Lords of Trade,
Apr. 8, 17t;5: " ilass. Ba>/, li. T.," vol. 78, L. I., 79, in Public-Record Office.

" Whilst the people in the province were thus disposed to engage in parties, the
state of the colonies became a matter of more serious consideration in l-2ngland,
than it had ever been before. The amazing increase of the national debt, by a war
engaged in at the solicitations, and for the protection of the colonies, seems to have
caused this new attention.

The first proof of it towards Massachusetts Bay was an order to the governor, to
obtain a more exact and certain knowledge, than had ever been obtained, of tlie
number of inhabitants, distinguishing age, sex, &c. This the governor could not
obtain without the aid of the assembly, by a law to compel the several towns and
districts to make return of their numbers. Objections were made to it. Some
suspected that it was required for purposes, though they could not discover them,
to the disadvantage of tlie province; others, and not a few, seemed to have religious
scrujiles, and compared it to David's numbering the peojile. The proposal was re-
ferred from one session to another, and, though it was finally figreed to by a ma-
jority, yet many remained dissatisfied." — Hutchinson's Hist. Mass. Bny, vol. 'S, p. 103.

Chap. 29. " Jan .31, 1765. According to Agreement the two Houses proceeded to
the choice of Civil Officers for the present year, when the under mentioned persons
were chosen Collectors of Excise on spirituous Liquors &c for the several Counties
as liereafter mentioned by a Major Vote of the Council and House of Representa-
tives. Viz'

Suffolk M'- Thomas Fletcher

Essex Daniel Epcs EsiV

Middlesex M'' Jn" Remington

Hampshire M^ Lewis Bliss

Worcester M'' Levi Willard

Plymouth Cap' Nathi Little

Barnstable Tho^ Smith, Esq""

Bristol M''Tho» Gilbert juiii-

York 1M>- David Sew all

Dukes County M'' James Allen jun''

Nantucket Obed Ilussey Es(i'"

Cumberland M"- Theops Bradbury

Lincoln M'' Tho" Moulfon

Berkshire M'' Elisha Jones juni"

Consented to by the Governor." — Coitncil Rrcoi'ds, vol. A'AT., p. '610.

" June l'_', 1705. A Petition of Hewit Root of Great Barrington— Setting forth —
Tliat he liath for divers years jiast been Licensed to kec]! a inililick IIou.se in saiil
Town Tliat in NDVcndKi'r last his House took tire in tlic night and was burnt down
with a great part of liis Goods and EiTects, that he saved one hogshead tif Kuni the
most of wliicli ho expended on his Friends and Workmen who assisted in setting
him up aiiotiier House. And praying that in consid(;ratioii of his loss & Expence
aforesaid his lOxrise for the jirescMit ycnir may be remitted him.

In tlu! House of i;epres<'nta1 ivcs. ' Read and Orih'rcd That the Excise uiuin what
spiritnous Li(iu()rs tlie iieiilioner shall have sold within the siiace of one year com-
mencing from the lirst Tuesday of SeptiMiiber last he, remitted to the petitioner, pro-
vided tli(! (juantity does not exceed three lumdrcd (iallons.

In Council, Read and Concurred. Consenteil to bv the Governor." — Ibid., vol.
XXVr.,p.2l.

" This is an annual Act of Revenue: it differs much from the former in the means
of carrying it into execution, wliirh are made more easy to the traders than the
former." Jt also dilfrrs in tlu; excise of Wine, which is l>ut two third'* of the former
Art, upon account of the pailianieiitary duty. Nevertheless Wine is heavily loaded,
the wlioh; of the parlianiiMitary, I-'.xcisc & Tonnage duties aniouiiting to .£!;• 7-(i
sterling i)fToii. But as this Act got thro' the general Court with great dilhculty,
it is exiiected that it will not be renewed next year: the consideration of the Pro-

[Notes.] Peovince Laws. — 1764-65. 793

vincial Debt got it tbro' this time and may possibly one year more: but it will not
exceed tliat."— Cr'oi'. liernard to Lordx of Trade, Apr. 8, 17(H5: "Mass. Buy U. T.,"
vol. 78, L. /., 79, in Public-I\\cord Oljice.

Chop. M). " This Act I am obliy:ed to labour every vear to carry thro' the bouse
where the prohibition of tlie English hiintinp: in tlio Iiidians Torritorics meets with
great opposition, But I am so sensible of the necessitv of sujiponin;,' such a i)n)liibi-
tion in order to keep tlie Country in peace that I sliall never give it up. It will be
impossil)le to reconcile the Indians to the frequent scttlcMicnis ujuju the Eastern
Coasts, which we may expect to see now continually increasing unless the Indians
are ipiicted in their hunling grounds, ujxin which, as they observe, their verv iMung
depends and in my opinion the fiir trade of that Ctnintr'v also: as the Indians take
care to preserve the breed of beavers; the English hunters do all thcv can to extir-
pate it. I have allready wrote to Your Ijonlships upon this 8ul)ject: so shall only
add that I cant assure myself that I shall be able to get this nccessarv prohibition
continued beyond the time of the present Act (to June HGC) tho' I sliall use mv
utmost endeavours to do it."— Goy. Bernard to Lords of Trade, April 8. 17(55: " Mass.
Bay, B. T.," vol. 78, L. I., 79, in Public-Record Office.

Chap. .31. "June 3, 17G3. In Council Ordered That ,IoLn Choate and James Otis
Escj^swith such as the honi^l<= House shall join be a Committee to take under con-
sideration the Laws for impowering the Selectmen or overseers of the Poor to take
care of Such Persons in their respective Towns as Xeglect the due improvement of
their Estates, or the care of their Families, and bring in a Bill to make such further
Provision iu the afore mentioned cases, as they shall j'ldge needful. In the House
of Representatives Read and Concurred and Col» Worthington, Mi" Cnshing, of
Boston, and M"" Otis are joined in the affair."— C'o»)ic(7 lirrords, vol. A'AT., p. '_".•.

Chap. 33. " This is also an Annual Act of Revenue: it differs from the former in
the form of the Oath, in the tannage upon wine which is but half of the former and
in charging bar iron with a certain duty instead of a poundage of the value: I
think tiiere is no other material difference from the former Act."— G'oii. Benuird to
Lords of Trade, Apr. 8, 1765: " Mass. Bay, B. T.," vol. 78, L. I., 79, in Publi<.-Record
Office.

Chap. .34. " Dec. 23, 17(53. In the House of Representatives. Ordered That M""
Trowbridge, M"" Tyler and M^ Brown of Salem with such as shall be appointed by
the honorable Board be a Committee to reduce into one Act all the Laws relating to
the preservation of alewives and Other Fish and make report.

In Council Read and Concurred and a Committee of the Board was joined in the
affair." — Council Records, vol. XXV., p. 97.

Chap. 35. "Jan. 22, 17()5. In the House of Representatives, Ordered that M'
Otis Mr Cnshing, M^ Thacher & M'' Gray with such as the Hon'''" Board shall join
be a Committee to prepare & bring in a Rill for tlie more equal Distribution of the
Estates of absconding Debtors among their Creditors, for the preventing of Insol-
vency & the increase of needless Law suits. The Committee to sit forthwith.

In Council, Read and Concurred: and the Hon''''-' Thomas Hutchinson Esq"^ Peter
Oliver & James Otis Esq^s are joined in the affair."— C'ounciV Records, vol. XXV.,
p. 344.

"Mar. 6, 1765. a Bill intituled 'An Act for preventing fraud in Debtors and for
securing the Estates of Insolvent Debtors for the benefit of their Creditors ' having
passed in Council to be Engrossed, and been sent down to the House for Concur-
rence; the following order passeil thereon viz'—

In the House of Representat i\ es. Ordered that M^ Otis, Judge Russell and M'
Lee with such as the Hon'''<= Board shall join, be a Committee to take under con-
sideration the Bill for preventing fraud in Debtors, and for securing the Estates of
Insolvent Debtors for the benefit of their Creditors' and Report what they judge
proper to pass thereon.

In Council, Read and Concurred, and Hon'''^ Tho» Hutchinson and Edmund
Trowbridge Esri's are joined in the affair." — Ibid., p. 452.

"This Province has long laboured under the want of a Bankrupt Act. About 8
years ago An Act of this kind was passed, but it was disallowed by the King, upon
exceptions urged, as it was said, liy some of the London Alerchants trading here.
This Act was very voluininous and therefore it coulil not be well expected but that
it must have some exceptionable clan.ses in it. But it is a pity that the Gentlemen
that took exception to it did not signify the particulars which they excei)ted to;
that another bill might have been prepared free from such exceptionable parts. As
it has been of late, every Insolvency has afforded instances of great partiality ami
injustice. The Common Method has been for the Creditors who get the earliest
advice of a persons becoming insolvent to sue out attacliments against the gotnls
and credit of the insolvent, according to the custom of the Country, and help him-
self to such part thereof as he j)leased. A general .scramble ensues, there is no
regular audit of the .\ecounis of the Creditors; The goods are sold in an hurry at a
low value; and great part of the effects of the del)for are sptmt in law jiroceedings
and contests between contemling attachments. This has been fdt aiul complainetl
of ever since I have been Governor here; but no adecpiate remedy attempted till of
late. This Winter a gentleman, who had acted considerably as a Banker, stop't
payment for £170,000 Sterling. This wjis like an Earthquake to the Town ; numbeni
of jieoplo were creditors, some for their all: Lvry one dreaded the ron~<(pien< es;
Lesser Merchants began to fail; a stop id all Credit was expected and a general

794

PROVINCE Laws. — 1764-65.

[Notes.]

Bankruptcy was apprehendetl for a time. In this state of tLings Application was
mailc to tlie general (,'ourt for present relief: but it was difficult to say what could
be I lone there. 1 could not consent to another Bankrupt Act, because I knew not
what were tlie exceptionable parts of the former Act. At last it was thought
propel' to send to New York for copie^ of their Acts for the relief of the Creditors
of insolventi Debtors; which having liis Majesty's consent either tacit or exprest, it
wa ■• presumed tliat a Bill of the like nature would be admissil)le here. From the
New York Acts this Act has been framed: and it does not that I know of, differ
materially from them. It must be expected that Experience will point out some
necessary emendations of tliis Act: and therefore it is enacted only tor three years.
Tliis Circumstance gives mo an (opportunity so to recommend it to your Lordships,
that if exceptions sliould l)e taken to some parts of it only and not to the general
puriiort of the Act, Your Lordships will be pleased to signify what alterations you
would have made to it, that the whole may not be condemned, for particulars only :
for some such Act is absolutely necessary for the trade of this Country, 1 wish it
was more in the nature of the English Bankrupt Acts; so as to prevent partial At-
tachments especially private ones; but all cannot be done at once." — Gov. Bernard
to L'U-ds of Trade, Apr. 8 1765: " Mass. Bay, B. T.," vol. 78, L. I., 7'J, in PuUic-Recurd
Offire.

See, also, note to 1766-G7, chapter 5, post, and 1769-70, chap. 10.

Tlie following list, compiled from the columns of "The Massachusetts Gazette,"
of abscouding debtors, and debtors who concealed themselves from their creditors,
against whom proceedings were commenced under tliis act, is believed to be com-
plete. Against each name is placed the date of the warrant issued by a justice
of the Sniierior Court of Judirature, the date of the first publication of notice of
the issuing of the warrant, and ^he date of the notice of the time and place of the
first meeting of creditors. TLis last was invariably signed by the trustees ajv
pointed, anil is usually dated some days earlier than the paper in which it was
published The warrants appear to have been generally, if not in every instance,
issued either by the Chief Justice, or by Mr. Justice Lynde; and the names of the
justice and of the trustees, in each case, are given, opposite the name of the
debtor: —

Date of
Warrant.

Names of
Debtors.

First pub-
lication of
notice.

Judge.

Names of Trustees.

Date of no-
tice of lir. t
meelinLT.

1765.
March 14.

John Scollay of
Boston, mer-
chant.

1765.
March 21.

Hutchinson, C.J.

John Erving.
Thomas Hubbard.
William Phillips.

ITC.-i.
March -JO.

19.

John Gerrish of
Boston, mer-
chant.

21.

do.

Foster Hutchinson.
Samuel Ilolbrook.
Joshua Blanchard.

•_.).

April 2.
March 26.

Benjamin Tucker,
jr., of Leicester,
drover.

Samuel Smith of
Boston, vondue-
master & trader.

April 4.
4.

do.
do.

Jonathan Newhall
Nahum Green.
Samuel Denny.
John Tudor.
James Noble.
Edward I'roctcr.

April 1.-'..
10.

April 15.

Robert Treat of
Boston, cooper.

19.

do.

John Gore.
John Lcverett.
John Sweetser.

May 7.

19.

Duncan Camp-
bell of Oxford,
trader.

19.

do.

D.inicl Jones.
Ebenezer Coburn.
Thomas Town.

April 20.

22.

Nathan Waite of
Marblehead,
victualler.

2;).

Lynde, J.

Nathan Bowen.
'I'homas Robie.
Francis Felton.

May 4.

May 3.

John Davison of
Dudley, trader.

May 9.

Hutchinson, C.J.

i:d\vard Raymond.
,\lc.\andcr (."ampbcll.
Ebenezer Coburn.

l".t.

John Basset of
Marblehead,
shoreman.

Lynde, J.

Nathan Uowen.
Josejih l.enimoii.
Samuel Swell.

1.;.

Isaac Codnian of
Charlestown,
mariner or
trader.

10.

Hutchinson, C.J.

Stephen Mall.
S:iiniiel Ilcndley.
John SoUey.

■ -jj!

27.

Samuel Ihisscll
of bltlleton,
cooper.

;!0.

do.

.\bcl Lawrence.
Samuel Tntllc.
Thomas Stearns.

June G.

Juiiu 5.

John IVc-lv* of
Roxbury, vict-
ualler.

.Tunc 0.

do.

David I'lacg.
Willi.un Dieknian.
Iu)berl Sloan.

S.'pl. '.1.

Now ell Dodge of
Westford, coo-
per.

Joshua Bond of
Lcxint'tou,
trader.

do.
do.

Nathaniel Be)vnton.
Kphraini llilcirelb, jr.
Juhn Tarbell.
Rii'hard Devens.
Jonathan Harrington.
Thomas Brown.

July l".
Aug. 21.

♦ Or " Pike."

[\OTES.]

Province Laws. — 17G4-G5.

f9j

Date of
Warrant.

NaiiU'8 of
Dob tors.

First pub-
lication of
notice.

Judge.

Names of TruHtees.

Date of no-

tl.e oflirM

meeting.

1775.

1705.

1765.

William Bryant
ot'!^uJbury,inn-
hoMir.

Ilutchinson, C. J,

Samuel WelleK.
Zachariah .U>honnnt.
Samuel I'arkraan.

July 10.

15.

Nathaniel Wheel-
wright of Bos-
ton, merchant.

20.

do.

Francis .Tolionnot.
(tioru'i' Bctlumo.
Jaraett IVrkins.

Oct. 1.

17.

Benjamin Milli-
keii of Scarbor-
ough, trader.

20.

do.

.lotepli Sherburne.
BeMj:iMiin Diivls*.
Samuel I'arkman.

July 10.

14.

Aaron Brown of
Littleton, house-
wright.

20.

do.

George Pierce.
Phineas Brown.
Jonathan Symonds.

26.

17.

John Butler of
Boston, shop-
keeper.

20.

do.

Nathaniel Rogers.
Daniel Jones.
Philip Dumaresq.

Aug. 21.

20.

James Nichols of
Boston, mariner
and trader.

-'•

do.

Samuel Uendley.
Benjamin Church.
William Mackaj'.

July 10.

John Winnlett of
Boston, mer-
chant.

July 11.

do.

Leonard ,Jar\ is.
John Ilancoek.
John Timmins.

Aug. 1.

10.

John Austen of
Charleslown,
leather-dresser.

11.

do.

John Erving, jr.
David Cheever.
John Soley.

July 29.

10.

John .Austen, jr.,
of Charlestown,
trader.

11.

do.

John Erving, jr.
David Cheever.
John Soley.

12.

Nathan Sargent

18.

do.

Ebenezer Hamden.

^ug. 7.

ofMalden, black-

James Kettle.

smith.

Ezra Sargent.

25.

Jacob Bucknam
of Boston, truck-
man.

Aug. 1.

do.

Seth Biodget.
Samuel Dlodget.
Thomas Bradford.

31.

Thomas Rice of
Boston, rope-
maker.

do.

Samuel Adams.
Daniel Jones.
WiUiam PhillipB.

15.

Gl.

Thomas How of
Boston, tin-
plate worker.

do.

Timothy Newell.
John Leverett.
Samuel Ridgeway.

Aug. 5.

James Forbes of
Boston, shop-
keeper.

do.

John Rowe.
Nicholas Boylston.
John Borland.

Samuel Vans of
Boston, mer-
chant.

do.

John ITomer.
.Tohn Swcctser.
Joseph Callender.

15.

Benjamin Choate
of Newbiiry-
port, innholdeV.

Lynde, J.

William Moreland.
Daniel Dole.
John Harris.

26.

Thomas CarueB
of Boston,
trader.

Hutchinson, C.J.

Joseph Jackson.
John Stevenson.
James Allen.

21.

12.

Benjamin Thomp-
son of Boston,
mariner.

15.

do.

John Shepard.
Alexander Campbell.
James Thompson.

Sept. 11.

VJ.

William Owen of
Boston, trader.

22.

do.

Thomas Cushing.
Hugh MrDaniel.
John Brown.

11.

22.

Benjamin Bag-
nail, jr., of Bos-
ton,watchmaker.

29.

do.

Samuel Downe.
Nathaniel Applcton.
Thomas Leverrctt.

29.

William Tyler
Kilby of Boston,
brazier.

Sept. 5.

Lynde, J.

Benjamin I'arker.
Thom.as Marshall.

Daniel .Tones.

Kept. 0.

Ebenezer Pratt
of Lunenburgh,
yeoman.

12.

Hutchinson, C.J.

Alexander Shepard.
Thomas Litch.
John Richards.

Oct. 3.

Jon.athan Berry
of Lynn, cord-
wainer.

12.

Lynde, J.

Nathaniel Henchman.
Aliiur Cheever.
William EsU-8.

Sept. 17.

.0.

Edward Oliver of
Maiden, vict-
ualler.

19.

Hutchinson, C.J.

Eben Harndell.
John Newhall.
James Kettle.

Oct. 7.

20.

Thomas Bell of
Roxbury, vict-
ualler.

26.

do.

I!ob<Tt HewcB.
John Ball.
John Oreen.

23.

Kowcll Dodge,
jr.,of Wcstford,
cooper.

26.

Lynde, J.

Ebenezer Stone.
Ix-onard Procter.

15.

George Pierce.

796

Peovince Laws. — 1704-65.

[Notes.]

Date of
Warrant.

Names of
Debtors.

First pub-
lication of
notice.

Judge.

Names of Trustees.

1765.
Bept. 19.

Jonas Powers of
Lunenburgh,
husbandman.

1765.
Sept. 26.

nutchinson,C. J.

Nathaniel Willard.
Simon Willard.
John Willard.

Oct. 5.
5.

Elizabeth Ridge-
way of Boston,
shopkeeper.

Benjamin Gold-
thwait of Bos-
ton, tailor.

Oct. 10.

10.

do.
do.

Leonard Jarvis.
Thomas Gray.
Thomas Pitts.
Jonathan Bagley.
John Boit.
William Dawes, jr.

14.

George Stimpson,
jr.iOfllopkinton,
husbandman.

17.

do.

John Wilson.
John Wood.
Samuel Warren.

15.

Elisha Brown of
Boston, shop-
keeper.

17.

do.

John Brown.
John Stevenson.
John Hodgson.

15.

John Coverly of
Boston, gold-
smith.

17.

do.

John Ruddock.
Jonathan Payson.
Francis Shaw.

15.

Thomas Follings-
by*ofNewbury-
port, merchant.

17.

Lynde, J.

Ezekiel Hale.
W^illiam lloreland.
John Lowell, jr.

15.

James Joseph
Villiers of Bos-
ton, retailer.

17.

[Not given.]

Zechariah Johonnot.
William Bowdoin.
Ralph Inman.

17.

Jonathan Hobby
of Boston, mcr-

^ chant.

Grant Webster
of Salisbury,
trader.

17.

Hutchinson, C.J.

David Jeffries.
Samuel Downe.
Oliver Wendell.

22.

24.

Lynde, J.

.Tonatban Bagley.
Benjamin Harrod.
Francis Shaw.

30.

Isaac Pierce of
Boston, baker.

31.

Hutchinson, C.J.

William Whitwell.
Nathaniel Loring.
John Sweetser, jr.

24.

Peter Wheeler of
Stow, yeoman.

31.

Lynde, J.

29.

Jedediah White
of Watertown,
laborer.

31.

do.

Ephraim Pierce.
John Dix.
Nathaniel Bridge.

31.

Richard Palmes
of Boston,
apothecary.

31.

Hutchinson, C.J.

Samuel Sturgis.
Samuel Quincy.
Thomas I'itts.
Jo&huaHenshaw.
William Coffin, jr.
William Greenleaf.jr

31.

Benjamin John-
son of Boston,
japanner.

31.

do.

Moses Deshon.
Thomas Jackson.
Samuel Parker.

31.

Nathaniel Sanger
of Watertown,
tailor.

Nov. 7.

do.

Jonathan Brown.
CoriK'lius Waldo.
Jedidiah Leathc.

30.

Elizabeth Rich-
ardson of Wo-
burn, widow.

do.

30.

Jabez Ricliard-
Bon of Woburn,
baker.

It.

do.

Jacob Eames.
Zebadiah Wyman, jr.
Benjamin Richardson

30.

Samuel Stebbins
of Boston, mar-
iner.

14.

do.

Nathaniel Holmes.
Philip Freeman.
Robert Gould.

1706.t
Fib. If).

Joseph Grafton,
jr., of Salem,
mariner.

1766.
Feb. 27.

Lynde, J.

David Britton.
Tliom.as Mason.
George Williams.

Date of no-
lice of first
meetinsr.

1766.
June 7.

1765.
Oct. 31.

23.
Dec. 5.
Oct. 25.

23.

Nov. 28.

1700.
Jan. 18.

.\ug. 5.

1765.
Nov. 15.

176G.
March 24.

* '• Follansbe," in tlie notices to creditors.

t 'nie Stamp Act went into operation Nov. 1, 1765. It was repealed March 18, 1766; and tidings
of the repeal reached lioslon on the sLxtoenth of May. Early in February, however, agreeably to
a recommendation bv the Cduneil, the Justices of the Superior Court of Judicature met to deter-
mine, wliclheror not Ihey would proceed with buslne.'fs at the ensuing terms of the court. The
determinalion of the ma)c'>rily ol tlie bench was expressed in a reply prepared bv the chief Justice,
whli-li, though cquiviiol, was umlerstood to be a declaration that, If tlie coudilion of ari.urs re-
nuiined uncliangcd at llic opening of the eourl, trials and other business would proceed, from
neceshily, willmut \\n- wmc ol' the stamps required by the act of parliament.

Tliereu|)on tlie inferior courts, some of which, as well as some of the prolmte courts, had already
begun to pursue this course, proceeded to business; aiul, outside of the courts, conveyances were
made, and eomniereial liu.-ine.ss \v:is conducled, as If no stamp aft existed. , , , .

The next tiuperlor Court was held in aull'olk, on the second Tuesday of March; and, although

[Notes.]

Province Laws.— 17G4 C

707

Date of

Names of

First pub-

Dale of no-

Warrant.

Debtors.

lication 01
notice.

Judge.

Names of Trustee*.

tice of first
meeting.

1766.

T7n«.

Jan. 6.

John Winchester
of Brookllne,
trader.

March 6.

HutchinHon.C. J.

Daniel .Tones.
William Wheat.
William Dawes, jr.

March 19.

March 4.

Alexander Rrld-
ford of Boston,
mariner.

do.

Mat hew Maciianiani.
James M'lrlin.
William llilchboiirn.

19.

14.

Henry Quincy of
BoBton, mer-
chant.

20.

Lyndc, J.

David Cheever.
Thenpilus r.ilUe.
James Charity.

April 1(1.

19.

John Callender
of Boston,
baker.

20.

Hutchinson, C.J.

Jolin Sweetser.
Joseph Callender, jr.
William Ilickling, jr.

.March 21.

April 7.

Edward Ingra-
liam of York,
innholder.

April 10.

do.

Richard Ciitt.
James Johnson.
Samuel Weeks.

Aug. 5.

15.

Jedediah Bass of
Grafton, cord-
■wainer.

17.

Lynde, J.

Norton Quincy.
Jonathan Webb.
John Ituggles.

May 1.

18.

Philemon Hough-
ton of Lancas-
ter, cordwaincr.

25.

do.

Levi Willard.
John Carter.
Oliver Dole.

25.

Ephraim Corey
of Stow, cord-
wainer.

May 1.

do.

Deliverance Brown.
Joseph Brown.
Charles Brown.

15.

May 2G.

Ephraim Fenno
of Boston, leath-
er-dresser.

29.

Hutchinson, C.J.

Samuel Sumner.
Isaac Kidgway.
•John .'savage.

June 4.

26.

Sampson Crosby
of Billerica, la-
borer.

29.

do.

William Needham.
John Webber.
Hugh Maxwell.

14.

26.

Thomas Allen of
Pownalborough>
merchant.

29.

do.

William Cushing.
Charles Cushing.
Jonathan Bowman.

26.

Jonathan Bryant
of Bownalbor-
ough, gentle-
man.

29.

do.

William Cushing.
Abiel Lovejoy.
John M'Keckney.

April 23.

Ebonezer Steb-
bins of Bpring-
field, yeoman.

22.

do.

Moses Church.
Isajic Morgan.
Thomas Taylor.

July 29.

May 26.

John Stevens of
Boston, mer-
chant.

June 5.

Lynde, J.

Hugh McDaniel.
Joseph Scott.
Joshua Blanchard.

June 12.

June 10.

Samuel Hard-
castle of Rut-
land, merchant.

12.

Hutchinson, C.J.

.John Murray.
Ebenezcr Coffin.
Daniel BUse.

July 29.

William McVick-
ersofXewbury-
port, merchant.

12.

Lynde, J.

12.

Ebenezcr Stetson
of Dighton,

19.

Hutchinson, C.J.

Jerathmeel Bowers.
John Rowe.

merchant.

Job Winslow.

16.

Jonathan Webb
of Falmouth,
merchant.

19.

do.

John Waldo.
Jonathan Williams.
Samuel I'arkman.

23.

11.

RatcliffUellonof
Taunton, mer-
chant.

19.

do.

Robert Treat Paine.
John Adams.
George Williams.

14.

May 7.

Nathaniel Rich-
ardson of Bos-
ton, gentleman.

19.

do.

Solomon Eneeland.
Israel Loring.
John Bennct.

June 17.

Timothy Cle-
ments* of New-
bury, husband-
roan.

26.

Lynde, J.

Moses ClemenL
John Brown.

19.

14.

Samuel Browne
of Ipswich, mar-

lUBf.

26.

do.

George Stacey.
Jonathan Glover.
John Glover.

21.

Daniel Bradley

July 10.

do.

Nathaniel Peasley Sargent
William Mitchell.

23.

jr., of Haverhill,

trader.

Cornelius Mansis.

16.

Hnmphrey Scam-
men of Klttery,

Sept. 25. Hutchlneon, C. J.

.Tames Go wen.

Sept. 29.

William Lcighlon.

gentleman.

Hutchinson declares that, at that term, at which he decline<l to be iircsent, all biislnesa requiring
Bt:trops was continued to an adjourned session, or to the next term (Ilist. M.iss. Ray. \ol. 3, p. 146),
It is clear that CTcn before the date of the above-niimcd decLiration of the Jusliees, he did nol
decline to issue warrants under the insolvency :ict».
* Sometimes printed " Clement."

798

Pp.ovn.TCE Laws. — 17G4-G5.

[Notes.]

Date of
Warrant.

Names of
Debtors.

First pub-
lication of
notice.

Judge.

Names of Trustees.

Date of no-
tice of first
meeting.

1768.

Feb. 8.*

Benjamin Ham-
met of Boston,
merchant.

Feb. 11.

Hutchinson, C.J.

Thomas Fluckcr.
Nath.iniel Oreenwood.
John White.

Feb. 16.

Jonathan Ilall,
lateofRoxbury,
potter.

11.

do.

Samuel Sumner.
Nathaniel I'elton.
Aaron Davis, jr.

16.

11.

John Furnass,
late of Boston,
merchant.

11.

do.

Timothy Prout.
William Taylor.
Joseph Henderson.

25.

11.

Moses Pitcher of
Boston, glazier.

11.

do.

Daniel Jones.
Nathaniel Wales.
John Joy.

17.

11.

Benjamin Joy of

Sherburne, yeo-
man & trader.

11.

do.

D.iniel Jones.
Moses Peck.
Oawcn Bowen.

17.

16.

John Mills of
Boston, house-
wright.

18.

do.

Samuel Downe.
Robert I'ierpont.
John Joy.

22.

16.

Dinely Wing of
Boston, boat-
builder.

18.

do.

Thomas Palfrey.
Job Wheel v\Tiglit.
William Hoskins.

23.

17.

Pool Spear of
Boston, tailor.

18.

do.

David Spear.
Edward Blanchard.

John Soren.

23.

15.

Joseph Remick
of Newbury-
port, ship-car-
penter.

18.

Lynde, J.

Daniel Farnliam.
Moses Little.
Benaiah Young.

29.

15.

William Alford
of Ncwbiiry-
port, victualler.

18.

do.

William Moulton.
Richard Tucker.

25.

15.

Dr. John New-
man of Ncw-
buryport, phy-
sician.

18.

do.

Robert Roberts.
Jacob Boardraan.
William Morland.

25.

17.

Samuel Bayley t
of Boston, felt-
maker.

18.

Hutchinson, C.J.

William Fairfield.
John Ilaskins.
James Perkins.

25.

17.

Increase Blake of
Boston, tin-
plate worker.

18.

do.

John Leverett.
Martin Gay.
Daniel Parker.

20.

17.

Christopher Montr
gomery of Bos-
ton, trader.

18.

do.

Thomas Ivcrs.
'I'imothy White.
SamuefWebb.

22.

17.

Paul Baxter of
Boston, cooper.

18.

do.

Richard Billings, jr.
Nathan Spear.
Benjamin Barnard.

23.

22.

James Apthorp
of Boston, mer-
chant.

25.

do.

Shrimpton Hutchinson.
Benjamin Davis.
Thomas Ivcrs.

Marcli 2.

22.

Jacob Treadwell
of Ipswich, inn-
holder.

25.

Lynde, J.

Michael Farley.
Daniel Rogers.
Nathaniel Farley.

. 1-

17.

William Nichols
of Boston, gen-
tleman.

25.

Hutchinson, C. J.

Benjamin Church.
Atier Stoddard.
Jonathan Brown.

19.

Thomas Coverly
of Sudbury,
trader.

25.

do.

Robert Gould.
Daniel Jones.
Stephen Cleverly.

• The insolvcncv-act (1764-65, chap. 35, and 1765-66, chap. 2), were repealed by chap. 5 of the
acts of 1706-67, which was passed June 27, 1760; and their operation, wliieh had lieen interrupted,
for 11 while, by the Stamp Act, was, at the close of the third session of the Assembly of 170,')-00,
suspended, e.xceiJl in respect to proceedings already connnouced, by n resolve (which is given, in
full, in the note to 1700-07, chap. 6, post) passed in anticipation of the passage of the repealing act.

'I'lu! insolvency acts again went into operation, F<'b. 3, 1708, upon receipt of notice of the order in
Council disallowing the repealing act, which, it seems to have been generally assumed, revived the
former acts ; but, as their continuance was limited to March 12, 1708, It was found necessary to pass
nn act for completing unfinished cases, many of which were begun in this short interval. 'Ihls,
however, was not eflV cted until April JO, 17T0. (.\ct of 1769-70, chap. 10.)

'i"he following notice appeared in " The Massachusetts Gazette and Boston ITews-Lctler " of Feb.
4, 1768: —

" Province of the Massachusetts Bav. In Council, Feb. 3, 1708.

His ICxcellency having laid before the Bo.ard an Order of Uis Majesty in his Privy Council
ilalcd the 'Jlth Day of .luly, 1707, by wliieli His Majesty hath been pleased to disallow and reject an
Act passed by the Great iind General Court or .Assembly of this Province in June 1700, intituled an
follows ; viz., [Here follows the title of the repealing act.]

It was Advised and Ordered tli.it Xotlce be given in the Mnssachusetts Gazette that all Persons
concerned therein niay govern themselves accordingly.

A. OLIVER, Secr'ij:'

\ " Bailey, " in truBlees' notice.

[XOTES.]

Province Laws. — 17(U-G5.

(90

Dati: of
Warrant.

Names of
Debtors.

First pub-
lication of
notice.

Judge.

Names of Trustees.

Dale of no-

lice of llrhl

meeting.

1768.

1708.

Vvh. T.i.

William .Tones of
Medford, inn-
hoiaer.

25.

Ilutchlnson, C J.

Daniel .Tones.
Samuel .Icnks.
James Kettell.

19.

Ebcnozcr Lowell
of Ncwbury-
port, hatter.

25.

Lynde, J.

Bulkloy Eniernon.
John Dummer.
.Vbol Green leaf

25.

Lemuel Stetson
of Boston,
housewright.

25.*

Hutchinson, C.J.

Robert Piirpont.
'I"h(inia« Maccarly.
John Soren.

24.

Samuel Fierce of
Boston, ship-
wright.

25.*

do.

Benjamin Harrod.
Robert I'ierpont.
John Ballard.

24.

Benjamin Eaton
of Boston, hat-
ter.

25.*

do.

Joseph How.
Nathan Spear.
Andrew Boardman.

24.

Joseph Tirrell of
Braintree, vict-
ualler.

25.*

do.

23.

William Darrl-
cottt of Boston,
baker.

26.*

do.

Thomas Hutchinson, jr.
John Sweetser, jr.
Andrew Black.

22.

Abicl Lucas of
Boston, mariner.

25.*

do.

24.

Robert Sloan of
Boston, distiller.

25.*

do.

Andrew Black.
David Flagg.
Samuel Sloan.

23.

John Oliver of
Maiden, vict-
ualler.

25.»

do.

Ebenezor Uarnden.
James Kettell.
Benjamin Edwards.

24.

Nathaniel Em-
mons of Boston,
goldsmitn.

25.*

do.

Samuel Emmons.
Josiah Nottage.
Thomas Bumstead.

24.

Daniel Ballard
jr., of Boston,
ship-jointr.

25.*

do.

Benjamin Church, jr.
William Hoskins.

Thomas Rice.

22.

Thomas Iloppen
of Charlcslowu,
baker.

25.*

do.

Caleb Call.
Nathaniel Rand.
Jacob Rhodes, jr.

22.

John Greer of
Newburyport,
staymaker.

25.*

Lynde, J.

John Holliday.
Edward Northey.
Joseph Swasey.

24.

Benjamin Ingalls
of Newbury-
port, gentleman,
aliciK tallow-
chandler.

25.*

do.

Moses Littell.
Jeremiah Pearson.
John Ingalls.

Starch 2.

James Green of
Maiden, hus-
bandman.

March 3.

Hutchinson, C.J.

Ebenezer Hamden.
James Kettell.
Edward Sprague.

Feb. 25.

James Hayes of
Reading, leath-
er-dresser.

do.

22.

Joseph Smcthurst
of Marblehead,

Lynde, J.

tr.ider.

March 1.

John Rand of
Newburyport,
baker.

do.

William Tcel.
Joseph Frolhinghara.
Andrew Frothlngham.

l'.

Joseph Wood of
Newburyport,
ch.iiseraaker.

do.

Benjamin Ilarrod.
.Tdlm Wood.
Daniel Balch.

Feb. 27.

Gideon Parker of
Ipswich, ship-
wright.

do.

William Dodge.
William .Tones.

15.

Nathaniel F-irley.

27.

Nathaniel Co-

do.

Beniamln Jones.

nant.sj of Bever-

William Dodffc.

ly, yeoman.

Benjamin CleeV( s.

March 1.

.John White 3d of
Iliiverliill, gen-
tKnian.

do.

Kdniupd Moores.
John Wliite.
Cornelius Mansize.

"•

Willi.-ira Rhodes
of Boston, mar-
iner.

nutcbln8on,C. J.

• " M.ii'sachnsctls Gazette," frtra, dated Feb. 25, but publinhed next day.
t " D.irracott," in trustees' notices,
j " ' "onanl," in trustees' notice.

800

Province Laws. — 17G4-Go.

[Notes.]

Date of
Warrftnt.

Names of
Debtors.

First pub-
lication of
notice.

Judge.

Names of Trustees.

Date of no-
tice of first
meeting.

1768.
March 2.*

Benjamin Parker
of Rutland, inn-
holder.

1768.
March 4.

Hutchinson, C. J.

1768.

Peter Thurston of
Lancaster, felt-
maker.

10.

do.

Joshua Convers
of Cambridge,
victualler.

10.

do.

Jeremiah Pecker
of Haverhill,
gentleman.

10.

do.

Henry Spring of
Worcester, gen-
tleman.

10.

do.

Phineas Butler of
Lunenburg, bus-
bandmaii.

10.

do.

■ 4.

Richard Skinner
of Marblehead,
merchant.

10.

Lynde, J.

Nathan Bowen.
Tliomas King.
Thomas Lewis.

16.

Samuel Bradley
of Haverhill,
trader.

10.

do.

Isaac Osgood.
Benjamin MooreB.
Jusopli Haynes.

11.

Daniel Conant of
Beverly, hus-
bandman.

10.

do.

Benjamin Jones.
William Dodge.
Benjamin Cleeves.

* TUa date Ib conjectural : it is not given in the notice.

ACTS,

Passed 1765 — 66.

[801]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-ninth day of May, A.D. 1765.

CHAPTER 1.

AN ACT FOR GRANTING THE SUM OF THIRTEEN HUNDRED TOUNDS,
FOR THE SUPPORT OF HIS MAJESTY'S GOVERNOR.

Be it enacted by the Governor, Council and House of Representa-
tives,

That the sum of thirteen hundred pounds be and hereby is granted Oram of £i,300
unto his most excellent majesty, to be paid out of the ])ublie treasury oTi'ii8'm"i]e«?y'8
to his excellency Francis Bernard, Esquire, captain-general and gov- soviinor.
ernor-in-chief in and over his majesty's province of the Massachusetts
Ba}-, to enable him to carry on the affairs of this government. l_Passed
June 6 ; 2^ubUshed June 25.

CHAPTER 2.

AN ACT IN ADDITION TO AN ACT, INTITLED " AN ACT FOR PREVENT-
ING FRAUD IN DEBTORS, AND FOR SECURING THE EFFECTS OF
INSOLVENT DEBTORS FOR THE BENEFIT OF THEIR CREDITORS."

"Whereas, in and by an act made and passed in the present j'ear of Preamble,
his majesty's reign, intitled '" An Act for preventing fraud in debtors, J.^|^n! '^''"**"
and for securing the effects of insolvent debtors for the benefit of their lo'siaH*. 400.
creditors," it is provided, among other things, as follows ; viz., " That
if any absconding or concealed delitor or debtors shall, at any time after
the appointment of trustees, and the meetings of the creditors as afore-
said, offer to surrender themselves, and disclose and also deliver up tlioir
whole estate, if any shall remain in their hands, and the major [lart of
the creditors in number and value, shall, in order to the discharge
of such debtor or debtors, present a petition to an}' two of the justices
of the superior court of judicature, court of assize and general goal
delivery, it shall and may be lawful for such two justices, if no just
objection be offered, to discharge such debtor or debtors accordingly ; "
a7id whereas absconding or concealed debtors, having surrendered their
whole estates, are rendered incapable, during their confinement, of sup-
porting themselves and families, —

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

[Sect. 1.] That if any absconding debtor, after the appointment of Debtor who
trustees of his or her estate, pursuant to the provision made in tlie a true ncmiuit"
aforesaid act, shall deliver, in writing, to the said trustees, an account upon oaih Hhaii,

-,,,,. , ,. , , ° -11 1 • . upon ccrlitiiMiu

of all his or her creditors, and the suras respectively due and owing to from ibu -oiajor

803

804

Province Laws. — 1765-66.

[Chap. 2.]

part of the
creditors, bo
freed from
arrest.

Upon the death
or removal of
any trustee or
trustees, the
creditors may
appoint others.

Sheriff to make
a true inventory
of estute or
effects seized
and taken.

Creditors who
h.ive m;u]e at-
tachments, not
to Hhare with
Other creditors
unless they
shall discon-
tinue their suits.

Limitation.

them, and shall make oath that such account, accordmg to the best of
his or her knowledge and belief, is just and true, and the major part of
such creditors in number and value, shall, b}' writing, under their hands,
or the hands of their attornies, desire that the bod}- of such debtor may
be freed from arrest, it shall and may be lawful for an}- one of the
justices of the superior court of judicature, court of assize and gen-
eral goal deliver}', to certify, under his hand, that the major part in
number and value of the creditors of such debtor have signified their
consent that he or she be free from arrest ; and from and after the date
of such certificate, such debtor, for all debts contracted before the
issuing the warrant to attach and seize his or her estate, shall be free
from arrest for and during the term of eighteen months from the first
appointment of trustees, and also for and during the further term of
two months after the expiration of the said eighteen months ; that so
the major part of the creditors, whose claims sliall have been allowed,
may have opportunity, if they see cause, of presenting a petition for
the final discharge of such debtor, pursuant to the provision made in
the aforesaid act.

And be it farther enacted,

[Sect. 2.] That in case of the death or removal out of the prov-
ince of any trustee or trustees appointed by virtue of the aforesaid act,
it shall and may be lawful for the creditors, jjresent at any meeting duly
called, by a major vote, to chuse another trustee or trustees in liis or
their stead ; and in case any trustee or trustees appointed as aforesaid
shall desire to be excused from continuing in such trust, it shall and
may be lawful for the major part of the creditors present at any meet-
ing duly called, to chuse, if they see cause, another trustee or trustees
in his or their stead.

And be it further enacted,

[Sect. 3.] That the respective sheriflT or sheriffs to whom any war-
rant for attaching, seizing and securing the eifects of any absconding
or concealed person shall be directed, in pursuance of tlie aforesaid act,
be and hereby are required to make a just and true inventory of all the
estate and effects seized and taken, and return the same, signed by him-
self, to the justice who shall have issued the warrant as aforesaid.

And be it further enacted,

[Sect. 4.] That if any creditor of any debtor wliosc estate shall
by warrant be hereafter attached, seized and secured, in pursuance of
the aforesaid act, shall have made any attacliment of the goods or estate
of such debtor, or commenced any process ngainst any trustee of such
debtor, upon w'hich attachment or process judgment shall not have been
recovered before the date of tlie said warrant, such creditor shall not
be admitted to share any part or proportion of such debtor's estate
with his other creditors, unless such creditor shall discontinue such suit
or process, or cause or suffer the judgment wliicli may be recovered
thereon to enure to the common use and benefit of the creditors of such
debtor, anything in the aforesaid act to the contrary notwithstanding.

[Sect. 5.] This act to continue and be in force until the twelfth day
of March, one thousand seven hundred and sixty-eight, and no longer.
[^Passed June 18 ; published June 25.

[1st Sess.] riiovi.NCK Laws.— 1705-66. bOo

CHAPTER 3.

AN ACT TO ESTABLISH AND CONFIRM THE RECORDS OF THE
PROPRIETORS OF ATIIOL.

Whereas, in the beginning of the first settlement of a tract of land Preamble,
at a place called and known b}- the name of Peqnoig, now Atliol, in the
county of Worcester, and fur many years after, Joseph Lord, Esq.,
was their proprietors' clerk, who, removing out of this province, carried
the records of the said propriety with him, which cannot be obtained ;
since which the said proprietors, from original papers, have made and
agreed upon a new book of records, which, with the records of the
transactions of some meetings of said proprietors, now in the hands of
the Reverend Mr. Abraham Hill, their late clerk, will make a coinpleat
book of records to this time ; and the said proprietors having made
application to this court that the same may be confirmed : where-
fore,—

Be it enacted by the Governor, Council and House of Representa-
tives,

That the Reverend Mr. Abraham Hill, late the proprietors' clerk of The records >,i
the town of Athol, in the county of Worcester, be and hereby is directed ^^f H^Jlx'"'^''*
and required to deliver the records of the transactions of the several esubii^^bed.
meetings of the said proprietors of Athol. now in his hands, to Nathan
Goddard, their present clerk, which, with the book of records, voted and
agreed upon by the said proprietors at their meeting on the third da^- of
Ma}', one thousand seven hundred and sixty-three, now in the said
Goddard's hands, are hereby estabhshed and confirmed, as the records
of said proprietors, to all intents and purposes whatsoever, so as to bind
the said proprietors, and no others. \_Passed June 18 ; published
June 25.

CHAPTER 4.

AN ACT TO IM POWER THE PROVINCE TREASURER TO DRAW BILLS OF
EXCHANGE UPON JASPER MAUDUIT, ESQ., LATE AGENT OF THE
PROVINCE IN GREAT BRITAIN.

WuEiJEAS there will remain in the hands of Jasper Mauduit, Esq., Preamble,
the sum of eight thousand three hundred thirty-three pounds seven-
teen shillings and sixpence sterling, after payment of the bills for which
the treasurer is, by a former act, iinpowered to draw, being part of the
sum he received, on behalf of this province, out of the grant made by
parliament to enable his majesty to recompence his northern colonies
in America for their military services, —

Be it enacted by the Governor, Council and House of Representa-
tives,

That the province treasurer be and he hereby is impowered and di- province
rected to draw bills of exchange on Jasper Mauduit, Esq., late agent of j;„''^';"'.",;"'
this province, for a sum not exceeding eight thousand and thirty-three drawbiiuof
pounds seventeen shillings and sixpence ; and the said bills shall be ""^ ^"^^'
drawn on the following condition ; viz., that for every hundred pounds
sterling for which such bills shall be drawn, one hundred and thirty-
live pounds lawful money of this province shall be paid into the prov-
ince treasury ; that such bills shall be drawn, payable to the persons
purchasing the same, or to their order, at thirty days' sight ; but if the
said Jasper Mauduit, at the expiration of thirty days, shall not pay the

806

PIlovl^■CE Laws. — ITGo-CC.

[CiiAP. 5.]

Form of the
biU.

said bills, then interest shall be allowe^l, from the expiration of said
thirt}' da^s, at the rate of six per eent per annum, luilil paid ; and such
bills shall not be protested untill twelve months shall be expired from
their respective dates ; and in case of their being returned protested,
after the expiration of said twelve months, the province treasurer shall
repaj' the sums received into the treasui y for such bills, with the lawful
interest from their respective dates, but shall not be liable to pay an}'
loss or damages on account of the protesting such bills : said bills to be
of the form following; viz., —

sterling. (No.

), Boston,

176

Exchange for £
Sir,

At thirty days' sight of this my first per exchange (second, third and fourtli,
of the same tenor and date, unpaid), pay unto , or order,

pounds sterling, for value received, and charge it to the
province of the Massachusetts Bay; but if it is not paid at said thirty days'
sight, then pay interest on that sum, from the expiration of said thirty days
until paid, at the rate of six pounds per cent per annum: and if this bill and
interest is not paid in twelve months from the date hereof, I hereby oblige myself,
and successors in the office of treasurer of tlie province of the ?,Iassacliusetts
Bay, to pay said bill, with interest from the date of it. at the above rate, until
paid, when it shall be returned with a protest into the ofEce aforesaid, but no
other charges or damages: provided, that, if payment shall not be demanded
within fifteen months after the date of said protest, the interest shall, from
that time, determine and cease.

II. G., Province Treasurer.

To Jasper Mauduit, Esq., late agent for the province of the INlassachusetts
Bay, in London.

\_Passed June 21 ; published June 25.

CHAPTER 5.

AN ACT FOR REGULATING THE GRAMMAR SCHOOL IN IPSWICH, IN
THE COUNTY OF ESSEX, AND FOR INCORPORATING CERTAIN PER-
SONS TO MANAGE AND DIRECT THE SAME.

Preamble.

B Met. 584, 594.

Whereas divers piously disposed persons, in the first settlement of
the town of Ipswich, in the county of P>ssex, granted and conveyed to
feoffees in trust, and to such their successors in the same trust as those
feoffees should appoint, to hold perpetual succession, certain lands,
tenements and annuities by them mentioned, for the use of school-
learning in the said town forever ; of which feoffees John Choate,
Samuel Rogers, Aaron Potter and Francis Choate. Esqrs., are the only
survivors ; and vJiereas the said town of Ipswich did also, in their
laudable concern for promoting learning, about the same time, and for
the same uses, give and grant to certain persons in llieir grants men-
tioned, and to such others as the said town slioukl ai)poiut, a large
farm, then called a neck of land, scituate in Chebacco, in the said
Ipswich, with some other lands, the rents of wliich to be applied to the
use of learning in said town as aforesaid; but, as is apprehended, no
l)(;\ver was given by the said town, to their trustees, to a|)point successors,
in that trust, for receiving and api)lying the rents, or of ordering and
directing the affairs of the school in said town, as in the first-mentioned
case is provided; from wiiich difference in the original constitution of
those grants, which were all designed lor one and the same use, dis-
putes have heretofore arisen between the said town and the said feof-
fees ; and also .some doubts have arisen wliether, by the constitution of
those grants as aforesaid, it is in the power, eitlier of the said town or

[lsrSi:ss.] PRoviNCb: Laws.— 1TG5-G6.

looti't'es, to compel the payment of the rents of saifl farm and other
lands granted by said town, as before mentioned; and ivhereas, for the
removal of the aforesaid diUiculties, on the joint application of both
said town and the then feoffees, this court did, in the twenty-ninth year
of iiis late majesty King George the Second, by one act then passed,
intituled ''An Act for reguhiting the grammar school in Ipswich, and
for incorporating certain persons to manage and direct the same," era-
power the then surviving feoflees, with three successors, together with
part of the selectmen of said town, for the time being, as an incorporate
body, to manage and direct the affairs of said school for ten years then
next coming, in manner as in said act is expressed, which ten years
will expire on the first day of March next ; and v-hereas it has been
found % experience that the said act has been of great advantage to
the interest of learning in said town, and that all doubts and disputes
aforementioned, from the passing of said act, have ceased, and the
parties concerned have desired the continuance of the aid of this court
touching the premisses ; wherefore, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That from and after the first day of March next, the
aforenamed John Choate, Samuel Rogers, Aaron Potter and Francis
Choate, Esqrs., the present surviving feoffees on the part of the private
persons granting lands as aforesaid, together with Michael Farlow,
Samuel Burnham and Samuel Lord the thii-d, three of the present
selectmen of the said town of Ipswich, shall be and the}^ are hereb}-
incorporated a joint committee or feoffees in trust, with full power and
authority by the whole, or the major part of them, to pass necessary
leases of an}- of said lands, not prejudicial to any lease already made
and not exceeding the term of twenty-one j-ears at an}' one time ; also
to demand and receive all rents and annuities, on such other grams or
leases relative to said school, that now is or that hereafter ma}- be,
and, if need be, to sue for and recover the same, either b}' themselves or
by their attornc}' ; also to appoint a clerk and treasurer, also a gram-
mar-school master, from j'ear to year ; and, from time to time, to agree
with him and them for his and their salaries ; and to apply the said
rents, grants and annuities for the pa3-ment of his and their salaries,
and for the discharge of other necessary expences attending this affair,
so far as those rents, grants and annuities will go ; with a like power
from time to time to inspect the said school and master, and, in gen-
eral, to transact and order all matters and things relative to said school,
and to all the lands, grants, rents and annuities that do now, or that
may hereafter, belong to said school, arising from the donations afore-
said, so as best to answer the general design and intent thereof;
animally laying an account of their proceedings in this trust before the
said town, at their March meeting, for their inspection.

And for the continuance of the succession of the aforenamed com-
mittee or feoffees, —

Be it further enacted,

[Sect. 2.] That if either the said John Choate, Samuel Rogers,
Aaron Potter or Francis Choate, shall decease, or move out of the said
town of Ipswich, or otherwise become incapable or unfit to discharge
said trust, or unreasonably neglect to do it, it shall and ma}' be lawful
for the surviving and qualified remainder of those four persons, from
time to time, to appoint some other suitable and qualified person or
persons in his or their room so deceasing, removing or otherwise un-
qualified, or negle(;ting his or their duty as aforesaid ; which power of
appointment sliall descend to those so appointed, so as always to have
four of said feoffees constituted in this way, and no more ; no person at

80-;

1755-56, chap
26.

Feoffees of
Ipswicli Hcbool
appointed.

Their power.

Vacanclea

nijionu Iho

fOOfflCH.llOW ic

bo lilli'd up.

808

PROVINCE Laws. — 1765-66.

[Chap. 6.]

Feoffees may
Bue or be sued,
a.s such.

Ijitnitation.

any time to be appointed that is not an inhabitant of the said town of
Ipswich : and the selectmen aforesaid, b}' this act incorporated as
aforesaid, shall, from jear to 3'ear, be succeeded bj' the three eldest, in
that office, of the selectmen of that town, other than such of them as be
also one of the feoffees constituted as aforesaid ; and in case it shall
so happen, at an}' time, that there are not three selectmen chosen b}'
the said town who have served in that office before, then those first
named in such choice shall succeed as aforesaid.

And, for rendering the whole more effectual, —

Be it further enacted, —

[Sect. 3.] That the aforesaid committee, or feoffees in trust, may,
in all matters relative to said grammar school, in which the}' ma}' by
force of this act be concerned, sue or be sued by the name of Feoffees of
the Grammar School in the town of Ipswich, in the county of Essex ;
and in this power their successors shall, from time to time, be included,
with respect to the transactions of those who may have preceeded them
in that trust.

[Sect. 4.] This act to continue and be in force for the terra of
twenty-one years from the first day of March next, and no longer.
[^Passed June 21 ; published June 25.

CHAPTEK 6.

AN ACT FOR INCORPORATING THE SECOND PRECINCT, IN THE TOWN
OF STOUGHTON, IN THE COUNTY OF SUFFOLK, AS IT NOW IS, INTO
A DISTRICT BY THE NAME OF STOUGHTONHAM.

Preamble.

Btuughtonbam
erected into a
district, by
certain bounds.

To join with
HtouKliton in
(^boosin);
rex<re8entative8.

Provlgo respect-
ing taxes.

Whereas the inhabitants of the second precinct in Stoughton labour
under great difficulties by reason of their distance from the place where
the town- meetings are held in the said town, —

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

[Sect. 1.] That the second precinct in the town of Stoughton, by
the same bounds and limits which the said second precinct now have,
Ijc and hereby arc incorporated into a separate district by the name of
Stoughtonham ; and that the inhabitants thereof be vested with all the
powers, privileges and immunities which the inhabitants of any town
within this province do or by law ought to enjoy, excepting only the
privilege of sending a representative to the general assembly ; and tliat
the inhabitants of said district shall have liberty, from time to time, to
join with the town of Stoughton in the choice of a representative or
repiesentatives, which representatives may be chosen indifferently from
siiid town or district, the pay or allowance of suoli representatives to 1)0
borne ])y the said town and district, according to their respective pro-
l)ortions of the province tax ; and that the town of Stoughton, as often
as they shall call a meeting for the choice of representatives, shall, from
time to time, give seasonaltle notice to the clerk of the said district of
Stouglitonliam, for the time being, of the time and place for holding said
meeting, to the end that the said district may join therein ; anil the
cleric of said district shall set up, in some publick place in said district,
a notification thereof accordingly.

Provided, nevertheless, —

And he it farther enacted,

[Sect. 2.] That the said district shall pay their proportion of all
such pi-ovince, county and town taxes already granted to be raised
in ihc town of Stoughton, and shall also bear their proportionable

[1st Sess.]

PROVINCE Laws. — 1705-66.

809

part of supporting the poor of the town of Stoiii^hton llr.it are at this
lime reheved by said town : ^)/-(U'('(/(/(/, that llic distriet of Stoiightonham
shall not be liable to maintain an}- persons within the same who have
been legally warned ont of the town of Stoughton, but, by virtue of
said warning, shall have the same privilege of removing sueh persons
as the town of Stoughton could have in case the}' had remained therein.

And be it further enacted,

[Sect. 3.] That the town of Stoughton shall pay to the said dis-
trict of Stoughtonham, 3'early, and every year, tlieir proportionable part
of the income of all the money that is ai)i)ropriated to the use of the
school in Stoughton, and also their proportionable part of said Stough-
ton's part of the yearl}- profits anil incomes of two farms that were ap-
propriated b}- the town of Dorchester to the use of the school ; one of
which is now annexed to the town of Dedham, commonly called White's
Farm, the other is now annexed to the town of Wrentham, and com-
monly called Ilewes's Farm ; all of which incomes and profits the said
district of Stoughtonham shall be intitled to, and receive of the town
of Stoughton, yearly, and every year, in the same proportion as they
now pay their part of the pi'ovince tax in said town.

And be it further enacted,

[Sect. 4.] That Joseph Hewins, Esq.. be and hereby is impowered
to issue a warrant, directed to some principal inhabitant in said dis-
trict, requiring him to warn all the inhabitants in said district, qualified
to vote in town afiairs, to meet, at such time, and place within said dis-
trict, as he shall think proper, to chuse all such officers as towns, by law,
are intitled to chuse. [_Passed June 21.

Proviso rcfij)
ing itcr^oiiM
who li:ivc liccn
wariicil out of

SU>UKl!tOII.

To I'ociivi- of .
Stouijlil'di ilu-
proportion of
ceriain inco'inv
for the Hcbool.

The first nu'Ct-
ing, how to be
notified.

CHAPTEK 7.

AN ACT TO ERECT THE PLANTATION CALLED WEST HOOSUCK, IX
THE COUNTY OF BERKSHIRE, INTO A TOWN BY THE NAME OF
WILLIAMSTOA^T^.

Whereas it has been represented to this court that the erecting the
plantation called West Iloosuck, into a town, will greatl}' contribute to
the growth thereof, and remed}- many inconveniences to which the in-
habitants and proprietors ma}' be otherwise subject, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the plantation called West Hoosuck, bounded as
follows; viz., north, on the province line; west, and south, on unap-
propriated lands of this province ; and east, part on East Iloosuck,
and parth' on unapproi)riated lands belonging to this province, — be and
hereby is erected into a town b}' the name of Williamstown ; and that
the inhabitants thereof be and hereb}' are invested with all the powers,
l)rivileges and immunities which tlie iahabitaats of the towns within this
province do enjo}'.

And be it further enacted,

[Sect. 2.] That all taxes to be raised within said towu for settling
a minister, building a meeting-house, clearing and repairing roads, i-c
levied upon the several proprietors of said i)lantation according to their
interest, until the further order of this court ; and that said inhaliitants
proceed l)y the same rules, in levying and collecting saitl taxes, as pro-
prietors in new i)lantations are b}' law obliged to observe.

And be it further enacted,

[Sect. 3.] That William Williams, Esq., be and hereby is im^ww-

Preamble.

Williamstown
erected into a
town, by certais
bouuUH.

Taxes to he
levied on pro-
prietont, for
certiiin services,
UDlU further
orders.

The fint meet-

810

PEOvmcE Laws.— 1765-66. [Chaps. 8, 9.]

ing, how to be
notified.

ered to issue a warrant, directed to some principal inliabitant in said
town, requiring liim to warn tlie inlial)itants of the said town, qualified
by law to vote in town afTairs, to meet at such time and place as shall
be therein set forth, to chuse all such officers as are or shall be required
by law to manage the affairs of said town. [_Passed June 21.

Preamble.

Bristol made a
town, by certain
bounds.

First meeting,
liow to be
notified.

CHAPTEK 8.

AN ACT FOR ERECTING A TOWN IN THE COUNTY OF LINCOLN, BY
THE NAME OF BRISTOL.

Whereas the Inhabitants of a tract of land on the eastern side of
Damariscotta River, in the county of Lincoln, known by the name
of Waljiole, Herrington and Pemaquid, so called, have petitioned this
court, that, for the reasons mentioned, they may be incorporated into a
town, and vested with the powers and privileges belonging to other
towns ; for the encouragement of said settlement, —

Be it enacted by the Governor, Coimcil and House of Representa-
tives,

[Sect. 1.] That the said tract of land, described and bounded as
follows; viz., beginning at a heap of stones at the head of Brown's
Cove, near the great Salt Water Falls in Damariscotta River, on the
eastern side of the said river, running, a south-easterly course, to a heap
of stones at a place called Bound Pond, five miles and a half; from
thence, to run a south-westerly course, to Pemaquid Point, as the shore
lies ; and, from Pemaquid Point, as the shore lies, up Damariscotta
River, to the first-mentioned bounds ; and also all the islands lying
within six miles from the main-land to the south, between the atbrc-
•mcntioned river Damariscotta and Pemaquid Point, — be and horel)y are
erected into a town by the name of Bristol ; and the inhabitants thereof
shall have and enjoy all such immunities and privileges as other towns
in this province have and do hy law enjoy.

And be it further enacted,

[Sect. 2.] • That Thomas Rice, Esq., be and hereby is impowered to
issue his warrant to some principal inhabitant of the said town of Bris-
tol, requiring him, in his majesty's name, to warn and notify the said
inhabitants, "qualified to vote in town affairs, to meet together, at such
time, and place in said town, as shall be appointed in said warrant, to
chuse such oflicers as tlic law directs and may be necessary to manage
the; affairs of said town ; and tiie inhabitants, so met, shall be and
hereby are impowered to chuse such oflicers accordingly. {^Passed
June 21.

CHAPTEK 9.

AN ACT FOR SUPPLYING TIIE TREASURY WITH THE SUM OF ONE
HUNDRED AND NINETY-SEV1:N THOUSAND POUNDS, TO BE APPLIED
FOR THE REDEMPTION OF GOVERNMKNT SECURITIES THAT WILL
BECOME DUE IN JUNE, ONE THOUSAND SEVEN HUNDRED AND
SIXTY-SIX.

Be it enacted by the Governor, Council and House of Representa-
tives,
Trpnmirctem- [Sect. 'l.] That the treasurer of the province be and he hereby is

row Tw.'ooo."'^" directed and impowered to borrow, of such person or persons as shall

[1st Sess.]

Province Laws. — 1765-66.

811

appear ready to leutl the same, from time to time, as he shall have
occasion lor the money, a sum not exccoding one hundred and ninety-
seven thousand pounds, in mill'd dollars at six shillins^s each, or in the
several species of coined silver and gold enumerated in an act, made
and passed in the twenty-third year of his late majesty King George
the Second, intituled "An Act for ascertaining the rates at which 1749-50, chiip.
coined silver and gold, English halfpence and farthings, may pass ^^•
within the government" ; and the sum so borrowed shall be applied in
manner as in this act is hereafter directed ; and for the said sum the
treasurer shall give his receii)t or obligation in the form following : —

Province of the Massachusetts Bay, the day of , A.D.

Borrowed and received of the sum of , for the use

and service of the province of the Massachusetts Bay; and, in behalf of said
province, I do promise and oblige myself and successors in the oflBce of
treasurer to repay the said or to his order, the twentieth

day of June, A.D. one thousand seven hundred and sixty-seven, the aforesaid
sum of , in Spanish mill'd dollars at six shillings

each, or in the several species of coined silver and gold enumerated in an act,
made and passed in the twenty-third year of his late majesty King George
the Second, intituled " An Act for ascertaining the rates at which coined sil-
ver and gold, English halfpence and farthings, may pass within the govern-
ment," and according to the rates therein mentioned, with the interest,
annually, at five per cent.

Witness my hand. H. G., Treasurer.

A. B.,^

C. D., > Committee.

E. F.,i

Form of the

trciiHiirer'a

notes.

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

[Sect. 2.] And the treasurer, in issuing said receipts or obliga-
tions, and the committee chosen to countersign them, shall observe and
be governed b}- the rules and directions given them by an act of this
province, made in the second 3ear of his present majesty's reign, in-
tituled "An Act to su2)pl3' the treasury with the sum of twenty-five
thousand pounds."

And be U further enacted^

[Sect. 3.] That the said sum of one hundred and ninet3'-seven
thousand pounds, ordered to be borrowed b}- this act, when received
into the treasuij, shall be applied b}- the treasurer for the redemption
of government securities that will become due in June, one thousand
seven hundred and sixty-six.

And in order to draw said mone^- into the treasuiy again, and enable
the treasurer efTectually to discharge the receipts and obligations (with
the interest that may be due thereon) by him given in pursuance of
this act, —

Be it enacted^

[Sect. 4.] That there be and hereb}- is granted unto his most
excellent majesty a tax of one hundred and ninet3'-seven thousand
pounds, to be levied on polls, and estates both real and persc^ial
within this province, according to such rules, and in such pi(^)ortions
on the several towns and districts within this province, as shall l)e
agreed on and ordered by the general court or assembly at their
sessions in May, one thousand seven hundred and sixty-six, ami to be
paid into the public treasury on or before the thirty-first day of ^larch,
one thousand seven hundred and sixty-seven.

And be it further enacted^

[Sect. 5.] That if the general court, at their sessions in !May. one
thousand seven hundred and sixty-six, and some time ])efoic the
twentieth day of June in said year, shall not agree and conclude upon

Treasurer to
observe the
directions of the
act of t lie second
year of his pres-
ent majesty's
reign.

1761-62, chap.
23.

Money bor-
rowed, to be
applied for the
redemption of
government
securities.

Tax granted fo»
the sum bor-
rowed, to be
paid into the
treasury 31 wt
March, 1767.

If the court
dial) n<it appor-
tion the tax in
May, 1706, the

812

PiioviNci'] Laws.— 17G5-G0. . [Chap. 10.]

tax eball then
he apportioned
;i8 in the tax
act preceding.

Province treas-
urer to issue
his warrants
accordingly.

Fund for the
interest.

an act apportioning the sums which by this act are engaged to be paid
in said year, apportioned,- assessed and levied, then and in such case
each town and district within this province shall pa}-, b}' a tax to be
levied on the polls, and cstate^s both real and personal within their
limits, the same proportion of the said sum as the said towns and
disti-icts were taxed by the general court in the tax act then last pre-
ceding.

[Sect. C] And the province treasurer is hereby impowered and
directed, some time in the month of June in the same year, one thou-
sand seven hundred and sixt^'-six, to issue and send forth his warrants,
directed to the assessors or selectmen of each town and district within
this province, requiring them to assess the polls, and estates both real
and personal, within their several towns and districts, for their respective
parts and proportions of the sums before directed and engaged to be
assessed, to be paid into the treasury at or before the aforementioned
time ; and the assessors, as also persons assessed, shall observe, be
gOAcrned by, and subject to, all such rules and directions as shall have
been given in the then last preceeding tax act.

And as a fund to enable the treasurer to discharge the interest as it
shall become due on said receipts or obligations, —

Be it further enacted.,

[Sect. 7.] That the treasurer shall apply what monies may be
necessary for that purpose out of the surplusage that will be in the
treasury by the time that the interest will become due. {^Passed June
21 ; published June 25.

CHAPTER 10.

AN ACT FOR SUPPLYING THE TREASURY AViTH THE SUM OF SIXTEEN
THOUSAND AND EIGHT HUNDRED POUNDS.

Preamble.

Treasury sup-
pliid with

£10,800.

How appropri-
utcd.

Whereas no provision is made to defrey the cliargcs of government
for tlie present year ; and lohereas the treasurer has represented to this
court, tliat, when the taxes for the year one thousand seven hundred
and sixly-lbur are paid into the treasury, with the excise upon si)irit-
uous liquors, tliere will be a surplusage in the treasury of at least
sixteen thousand and eight hundred pounds, —

Be it enacted by the Governor ., Council and House of Representa-
tives,

[Sect. 1.] That the treasurer be and be hereby is directed to
apply the albresaid sum of sixteen thousand eight liundrod pounds to
defrey the charges of government for the ensuing year, to be issued in
the manner folfowing ; that is to say, the sum of six thousand i)ounds,
part of the aforesaid sum of sixteen thousand and eight liuiulred
pounds, sliall be applied for the payment of grants made or to be made
by this court ; and the further sum of tlirce thousand pounds, part of
the aforesaid sum of sixteen thousand and eight liundred pounds, sliall
be applied for the payment of his majesty's council, and the members
ol" the house of rei)resentalives serving in the great and general court
during the several sessions of the present year ; and the further sum
of one thousand pounds, i)art of the aforesaid sum of sixteen thousand
and eight hundred pounds, shall be applied for the purchasing jno-
visions and the coiniiiissary's disbursements for the service of tlie sev-
eral forts and garrisons within this province ; and the further sum of
two thousand and five hundred pounds, part of the aforesaid sum
of sixteen thousand and eight hundred pounds, shall be applied for the

[1st Sess.]

Province T.aws. — 1TG5-GC.

81.3

discharge of debts owing from this i)rovinco to piTsoiis lli;it liavo served
and shall servo them, l)y order of tliis eourt, in such nuUtei-s and things
where there is no establishment nor any certain .snm assigned them lor
that purpose, and for paper, writing and i)rintiiig for this court, and
rc[)airs of the province-house, court-house, light house, wood at Castle
William, and repairs of fortifications within this province; and the
I'urlher sum of three thousand pounds, part of the aforesaid snm of
sixteen thousand and eight hundred pounds, shall i)e applied for the
pa\meut of the exi)cnces of the several forts and garrisons within this
province; and the further sum of twelve luunln'd pounds, i)art of the
aforesaid sura of sixteen thousand and eight hundred pounds, shall be
ai)plied for the payment of the bount}' upon wheat and flour ; and
the further sum of one hundred pounds, being the rem.Mnder of the
aforesaid sum of sixteen thousand and eight hundred pounds, shall be
api)lied to pay such contingent and unforeseen charges as may arise,
antl for no other purpose whatever.

And be it further enacted,

[Sect. 2.] That the treasurer pay the aforesaid sum of sixteen TieaBurcrto
thousand and eight hundred pounds, out of such appropriations as shall out on i'"""'^^^
be directed by warrant, and no other; and the secretary to whom it nppropiiations
belongs to keep the muster-rolls and account of charge, shall lay i)efbre warrant. '^
the house of representatives, when the}" direct, such muster-rolls and
accounts of charge, after payment thereof. \_Passed June 21 ; pnh-
Ushed June 25.

CHAPTEK 11.

AN ACT FURTHER TO EXPLAIN, AMEND AND CARRY INTO EXECU-
TION, AN ACT MADE IN THE FIRST YEAR OF THE REIGN OF HIS
PRESENT MAJESTY, INTITLED "AN ACT FOR RAISING A SUM OF
MONEY BY LOTTERY, FOR REPAIRING FANEUIL HALL, IN BOSTON."

Whereas, in and by an act made in the lirst year of his present maj-
esty, intitled '' An Act for raising a sum of money by lottery' for re-
pairing Faneuil Hail in Boston." it is enacted " that Samuel Sewall,
Samuel Phillips Savage and Ezekiel Lewis, or any two of them, be
allowed and impowcred to set up and carry on a lottery or lotteries ; "
and it7<[e]>-eas, in and by an act made in the second year of the reign of
his present majesty, intilled '• An Act to explain, amend and carry into
execution an act made in the fust yea r[c)/j the reign of his present maj-
est}-, intitled ' An Act for repairing P\aneuil Hall in Boston,' " it is
enacted " That Thomas Gushing. Samuel Hewes, John Scollay and
Benjamin Austin, Esqrs., be added to the said Samuel Sewall, Sainiiel
Phiilii)S Savage and Ezekiel Lewis ; and that they, the said Thomas
Cushing, Samuel Hewes, John Scollay and Benjamin Austin, Esqrs.,
together with the said Samuel Sewall, Samuel Phillips Savage ami
Ezekiel Lewis, be and they are hereby allowed and impow[r're'/*J to
carr}- into execution the said act. in the same manner, and under the
same regulations and restrictions, as the said Samuel ^\_ew(dl*']. Samuel
Phillips Savage and Ezekiel Lewis were, by the said act, allowed and
impowered ; " and tchereas since the making and passing the said act,
made in the second year of the reign of his present imajest;/, the*}
said Samuel Hew[t]s has been taken away by death, and the said
John Scollay. Samu"el Phillips Savage and Ezekiel L[et<?is have de-
clined*'] any further to execute their said trust, —

Pri-amble.
1760-61, chap
26.

1701-62, chaf.
4y.

814

Province Laws.— 1765-66. [Chap. 12.]

Kew managers
appointed of
Faneuil-hall
lottery.

Be it enacted by the Govern o[u^r. Council and House of Mepresenta-
tives,

That, in the room of '[the said*^ Samuel Hew[e]s, John Scollay,
Samuel Phillips Savage and Ezekiel Lewis, Esqrs., Joseph Jackson,
Jolni Ruddock and John Hancock, Esqr[s., be added*'] to the said
Samuel Sewall, Thomas Cushing and Benjamin Austin ; and that the}',
the said Joseph Jackson, John Ruddock and John Hancock, Esqrs.,
together with the said Samuel Sewall, Thomas Cushing and Benjamin
Austin, Esqrs., or an}- three of them, be and the}' are hereby allowed
and impowered to carry into execution the said' acts, in the same man-
ner, and under the same regulations and restrictions, as in and by the
said acts the said Samuel Sewall, Samuel Phillips Savage, Ezekiel
Lewis, Thomas Cushing, Samuel Hew[c]s, John Scollay and Benjamin
Austin were allowed and impowered. [Passed June 21 ; published
June 25.

CHAPTER 12.

AN ACT TO PREVENT DAMAGE BEING DONE IN THE WOODS IN
PLYMOUTH, SANDWICH, BARNSTABLE, FALMOUTH AND WAREHAM,
BY HUNTING WITH HOUNDS AND DOGS.

Preamble. Whereas great damage has been done by hunting in the woods be-

tween Plymouth. Sandwich, Barnstable, Ealmouth and Wareham, by
hunting with hounds and dogs in said woods, in each of the said towns,
and large numbers of sheep haA'e been destroyed by said practice. —

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

[Sect. 1.] That from and after the tenth day of May, annually, to
the fifth day of December, no person shall be allowed to hunt with dogs
or hounds in either of the towns of Plymouth, Sandwich. Barnstal^le,
Falmoulh or Wareham, on any pretence whatever.

Ajid be it further enacted,

[Sect. 2.] That if any person or persons shall be convicted of hunt-
ing with dogs or hounds in any of said towns, between the said tenth
day of May and the fifth day of December, during the continuance
of this act, he shall forfi'it and pay the sum of twenty shillings for
each oft'cnce, one half to the informer, and the other half to the poor of
the town where the offence shall be connnitted ; and said ofi'enders may
be comi)lained of and prosecuted before auy of his majesty's justices of
the peace within the county of Plymouth or Bainstable, or in any otlier
county within this province.

Be it further enacted,

[Sect. 3.] That none of the inhaliitauts of the towns of Plymouth,
Sandwich, Barnstable, Falmouth or Wareham shall be allowed to hunt
with hounds or dogs in any other towns within this government, from
the said tenth day of May to the fifth day of December, during the
continuance of this act, under the penalties before mentioned in this
act ; and any persons belonging to said towns that shall hunt in the
other towns contrary to the true intent of this act, shall and may be
prosecuted in the like manner as is before provided ; that is, before any
justice of the peace in the county where the ofience is committed, or
in any other county within this province.
Limitation. [Sect. 4.] This act to continue and be in force for the space of

three years from the first day of August next, and no longer. [jPa.s'Sfirf
June 21 ; published June 25.

• Parchment mutilated.

No person to
liunt with dogs
VifiwccntlielOth
May and 6th
Dec, annually.

Penalty :

— how to be ap-
plied, and how
to be sued for.

Inhabitants of
the towns men-
tioned, not to
himt tn other
towns.

[1st Sess.]

Province Laws. — ITGf) G6.

815

CHAPTER 13.

AN ACT FOR ERECTING THE NEW PLANTATION CALLED HUNTS-
TOWN, IN THE COUNTY OF HAMPSHIRE, INTO A TO^VN BY THE
NAME OF ASHFIELD.

Whereas it [has][/<a?/(] been represented to this court tliat the
erecting the plantation callc[d Hnntfffown*^, into a town, will grealh'
contribute to the growth thereof, and remedy man}- inconvcnien[ce.s to
ivhich*'] the inhabitants and proprietors may be otherwise subjected, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the \Aii[iitatioH*'\ aforesaid, bounded as follows;
viz''^, east, by Deerfield ; south, partly by Narraganset Township Num-
ber [^Four, aml*~\ partly by province land ; west, partly by province
land. [a?id] partly by Bernard's and JNIayhew's and IIat[j'ie/d land*'\ ;
and north, b}' province land ; more particularly described in a plan of
said township, confirmed [in the*'\ present session of the general court,
— be and hereby is erected into a town by the name of Asli[ytVM*] ;
and that the inhabitants thereof shall be invested with all the powers,
privile[d]ges and immunitie[5 which*'\ the inhabitants of the towns
■within this province do enjo}'.

And be it further enacted,

[Sect. 2.] That Thomas Williams, Esq'^"''., be and hereby is
[e][f]mpowered to i[ss»e*] his warrant, directed to some principal in-
habitant in said town, to notify and warn the inhabitan[<6'*J in said
town, qualified b}' law to vote in town afl^airs, to meet at such time and
l)lace as shall therein be set forth, to chuse all such officers as arc or
shall be required b}- law to manage the affairs of said to[w7i*].

And be it further enacted,

[Sect. 3.] That all taxes already raised for settling a minister, or
that ma}' be raised for his support, for building a meeting-house, clear-
ing and repairing roads, be levied on the several pi'oprietors of said
plantation, according to their interests, until the further order of this
court ; and that said inhabitants and proprietors of said town proceed
b}' the same rules, in levying and collecting said taxes, as proprietors
in new plantations are obliged, by law, to observe. [Passed June 21.

Preamble.

ABblicUl mailo o
town, by ciTtuin
bouiiils.

The first meet-
ing, bow to be
notified.

Taxes to be
levied on pro-
prictorg, for
certain services,
until furlber
orders.

CHAPTER 14.

AN ACT FOR ERECTING THE PLANTATION CALLED NEW FRAMING-
HAM, m THE COUNTY OF BERKSHIRE, INTO A TOWN BY THE NAME
OF LANESBOROUGH.

Whereas it has been represented to this court that the erecting the Preamble.
plantation called New Framingham, into a town, will greatl}- contribute
to the giowth thereof, and remedy many inconveniences to which the
inhabitants and proprietors ma}' be otherwise subject, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the plantation of New Framingham, in the county Lanesborongh
of Berkshire, bounded as follows; viz., south, on Pittsfield ; east, on "wn?by"cert'ain
Number Four, or Williamsburgh ; north, partly on unappropriated lands bounUa.
of this province, and partly upon grants ; and, west, on unappropriated

• Parchment mntilated.

816

Peovince Laws. — 176o-66.

[Chap. 15.]

Taxes to be
levied on ijro-

prictors, for
Cfi-tuin services,
uiiUl further
orders.

The first meet-
ing, how to be
notified.

lands of this province, — be and hereby is erected into a town b}- the
name of Lanesborough, and that the inhabitants thereof be and hereb}'
are invested with all the powers, privileges and immunities which the
inhabitants of the towns within this province do enjo}-.

And be it further enacted,

[Sect. 2.] That all taxes to be raised within said town for settling
a minister, building a meeting-house, clearing and repairing roads, be
levied upon the several proprietors of said plantation, according to their
interest, until the further order of this court ; and that said inhabitants
jiroceed by the same rules, in lev5-ing and collecting said taxes, as pro-
prietors in new plantations are, by law, obliged to observe.

And be it further enacted,

[Sect. 3.] That WiUiam Williams, Esq., be and hereby is im-
powered to issue a warrant, directed to some principal inhabitant in
said town, requiring him to warn the inhabitants of the said town,
qualified by law to vote in town affairs, to meet at such time and place
as shall be therein set forth, to chuse all such officers as are or shall be
required by law to manage the affairs of said town. \_Passed June 21.

CHAPTEK 15.

AN ACT FOR ERECTING THE NEW PLANTATION CALLED CHARLE-
MONT, IN THE COUNTY OF HAMPSHIRE, INTO A TOWN BY THE
NAME OF CHARLEMONT.

Preamble.

Charlemont
erected into a
town, by certain
bounds.

The first meet-
In}{, how to bo
notified.

Tuxes to be
levied on pro-
prietors, for
ecrtiiin servlcce,
until furlbcr
orders.

Whereas it has been represented to this court that the erecting the
plantation called Charlemont, into a town, will greatl_y contribute to
the growth thereof, and remedy many inconveniences to which the in-
habitants and proprietors maj- be otherwise subjected, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the plantation called Charlemont, bounded as fol-
lows ; vizf'^, north, partly on land belonging to Green and Walker and
Boylston, and partly on land sold to Cornelius Jones ; east, partly on
Colrain, and partly on province land ; south and west, on province
land : more particularl}- described in the plan of the said township con-
firmed by the general court, — be and horeliy is erected into a town b}-
the name of Charlemont ; and that tlie inhabitants thereof shall be
invested with all the powers, privile[d]ges and immunities which the
inhabitants of the towns within this province do enjoy.

And be it further enacted,

[Sect. 2.] That Thomas Williams, Esq^'^l, be and hereby is im-
powered to issue a warrant, directed to some principal inhabitant in
said town, to notif}' and warn the inhabitants in said town, qualified by
law to vote in town affairs, to meet at such time and place as shall
therein be set forth, to chuse all such oflicers as arc or sliall be required
by law to manage the affairs of said town.

And be it farther enacted,

[Sect. 3.] That all taxes that are or may be raised for settling a
minister, for building a meeting-house, clearing and repairing roads, he
levied [('p]on the several proprietors of said plantation, according to
their interest [s], until the further order of this court; and that saiil
inhal)itants and proprietors of said town proceed by the same rules, in
levying and collecting said taxes, as proprietors in new plantations are
obliged, by law, to observe. \^Passed June 21.

[1st Sess.] Province Laws. — 1TG5-GG.

817

CHAPTER 16.

AN ACT FOR INCORPORATING INTO A TOWN THE LANDS, IN THE
COUNTY OF BEUKSHIUE, CALLED YOKUN AND MOUNT EPHRAIM,
BY THE NAME OF RICHMONT.

Whereas it hath boon rcpivsentod to this court that the orocting the
plantation called Yokini Town anil Mount Ephraim into a township,
will greatly contribute to the growth thereof, and remedy many ineon-
venienc[(']es to which the inhabitants and proprietors uia}' otherwise be
subjected, —

Be it therefore enacted hi/ the Governor, Coiincil and Ilou^e of
Representatives.,

[Sect. 1.] That the new plantation called Yokun Town and Mount
Ei)hraim. lying in the county of Berkshire, bounded as follows : west-
erly, on the province line ; northerly, in part on Pittsfiekl, and in part
ou province land, so called ; easterly, on Housatunnock River ; and
southerl}-, in part on Stockbridge north line, and part on the minister's
grant, — be and hereb}' is incorporated into a town by the name of
Kichraont, with all the powers, privile[d]ges and immunities that towns
in this government have and do enjo}".

And he it further enacted,

[Sect. 2.] That all taxes to be raised within said town for settling
a minister, building a meeting-house or meeting-houses, laying out,
making and repairing roads, be levied upon the several i^roprietors of
said plantation, according to their interest, agreeable to an act of the
province made to enable the proprietors of said plantation to raise
taxes on said lands, until the further order of this court.

And he it further enacted,

[8ect. 3.] That Timoth}- Woodbridge, r^sqi^'l. be and hereby is
impowered to issue a warrant to some principal inhabitant of said plan-
tation, requiring him to call a meeting of said inhabitants, in order to
chuse such officers as, b}' law, towns are impowered to clmse in the
mouth of March, annuall}'. '[Passed June 21.

Richmont in-
corporati'J a
town, by certain
bounilit.

Taxes to be
Icvi'.'d on pro-
prio'ors, lor
ctrtahi .'Ci-viceB,
until further
orders.

1T63-64, chap.
24.

The firnt meet-
ing, liow to be
notified.

CHAPTER 17.

AN ACT FOR ERECTING THE NEW PLANTATION CALLED NUMBER
FOUR, IN THE COUNTY OF BERKSHIRE, INTO A TOWN BY THE
NAME OF BECKET.

Whereas it has been represented to this court that the erecting the Preamble,
plantation called Number Four, into a town, will greatly contribute to
the growth thereof, and remedy many inconveniences to which the
inhabitants and propiietors ma}- be otherwise subject, —

Be it enacted hi/ the Governor, Council and House of Representatives,
[Sect. 1.] That the plantation called Number Four, bounded as lUcUit er<ct
follows; viz'*'., south, partly on equivalent lands, and partly on the land
belonging to Andrew Belcher, t^q'^'^., and parti}' on unai)propriatt'd
lands ; east, on a township called Number Nine ; north, on a township
called Hartwood ; and west, partly on Tyringham, and paitly on unap-
propriated lands belonging to this i)rovince, — be and hereby is erected
into a town by the uAma of Becket ; and that the inhabitants thereof
be and hereby are invested with all the powers, privile[d]ges and immu-
nities which the inhabitants of the towns within this province do enjoy.

Into II town, liy
certain buundx.

818

Province Laws.— 1765-66. [Chap. 18.]

The first meet-
ing, how to be
notified.

TascB to be
levic'tl on pro-
prk'tors, for
certain services,
until further
orders.

And be it further enacted,

[Sect. 2.] That William Williams, Esq'^''^., be and bercb}- is im-
l^owered to issue a warrant, directed to some principal inhabitant in said
town, to notify and warn the inhabitants in said town, qualilied b}' law
to vote in town affairs, to meet at such time and place as shall be
therein set forth, to chuse all such officers as are or shall be required
b}' law to manage the affairs of said town.

And be it further enacted,

[Sect. 3.] That all the taxes that have been heretofore agreed
upon b}' the proprietors of said township, and all taxes to be raised
within said town for settling a minister, building a meeting-house,
clearing and rcpa[i]ring roads, be levied upon the several proprietors
of said plantation, according to their interest, until the further order
of this court ; and that said inhabitants proceed b}' the same rules, in
levying and collecting said taxes, as proprietors in new plantations arc
b}' law obliged to observe, anything in the before-recited act to the
contrary notwithstanding. [^Passed June 21.

CHAPTER 18.

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF FIFTY THOU-
SAND POUNDS; AND ALSO FOR APPORTIONING AND ASSESSING A
TAX OF TWO THOUSAND FOUR HUNDRED AND TWELVE POUNDS
NINETEEN SHILLINGS AND SIXP]?NCE, PAID THE REPRESENTA-
TIVES FOR THEIR TRAVEL, SERVICE AND ATTENDANCE IN THE
GENERAL COURT, IN THE YEAR ONE THOUSAND SEVEN HUNDRED
AND SIXTY-FOUR; ALSO FOR APPORTIONING AND ASSESSING A TAX
OF ONE HUNDRED AND FIFTY-EIGHT POUNDS THREE SHILLINGS,
FOR FINES LAID UPON TOWNS THAT HAVE NOT SENT ANY PER-
SONS TO REPRESENT THEM IN THE GENERAL COURT THE PRESENT
YEAR; AND ALSO FOR ASSESSING THE TOWN OF HANOVER THE
SUM OF SIXTEEN POUNDS, PAID OUT OF THE PROVINCE TREASURY
TO SYLVANUS AVING; AND ALSO FOR ASSESSING THE SUM OF TEN
POUNDS THREE SHILLINGS AND FIVEPENCE ON THE TOWN OF
SPRINGFIELD; AND THE SUM OF TWO POUNDS ONE SHILLING AND
EIGHTPENCE ON WILBRAHAM; AND THE SUM OF TWELVE POUNDS
FIVE SHILLINGS AND ONE PENNY ON NORTHAMPTON; AND THE
SUM OF TWELVE POUNDS AND ELEVENPENCE ON AVESTFIELD;
AND THE SUM OF TWELVE POUNDS FIVE SHILLINGS AND ONE
PENNY ON HATFIELD; AND THE SUM OF EIGHT POUNDS THREE
SHILLINGS AND TWOPENCE ON BRIMFIELD; AND THE SUM OF
THREE POUNDS SEVENTEEN SHILLINGS AND NINEPENCE ON SOUTH
BRIMFIELD; AND THE SUM OF TWELVE POUNDS AND ELEVEN-
PENCE ON DEERFIELD; AND THE SUM OF SIX POUNDS AND SEVEN-
PENCE ON GREENFIELD; AND THE SUM OF TWO POUNDS NINETEEN
SHILLINGS AND SIXPENCE ON MONSON,-MAKING THE SUM OF
EIGHTY-ONE POUNDS EIGHTEEN SHILLINGS AND ONE PENNY,
. BEING THE TAX REMITTED TO BERNARDSTON FOR TWO YEARS
LAST PAST, AND THE TAX REMITTED TO HUNTSTOWN FOR THREE
YEARS LAST PAST, AND ORDERED TO BE ADDED TO THE PRESENT
YEAR'S TAX OF THE SEVERAL TOWNS AFORESAID, AND IN THE
MANNER AFORESAID; AVHICII TAXES ARE TO BE OVER AND ABOVE
THEIR PROPORTION OF WHAT WAS LAID ON THE SAID TOWNS:
WHICH SUMS AMOUNT TO FIFTY-TWO THOUSAND SIX HUNDRED
AND SIXTY-NINE POUNDS AND SEVENPENCE.

1702-03, chnp.
10, § 4.

WiiKUEAS the great and general court or assembly of this i)rovince,
by an act made and passed at their session in January, one thousand
seven hundred and sixty-three, agreed upon and onlered a tax of filly-

[1st Sess.] Province Laws. — 17Go-G0. 819

four thousand pounds ; and one other act made and |)assi>il at the same 1702-03, cUap.
sessions, agreeil upon and ordered a further tax of forty-five thousand ^^'^*-
six hundred and seven pounds ; and b}' another act, made and |)assed 1704-05, chup.
at their session in May, one thousand seven hundred and sixty-foui\ "'5 8.
agreed upon and ordered a further tax of one liundred and fifty thou-
sand pounds : amounting in the whole to two hundred and fortA-nine
thousand six hundred and seven pounds ; and whereas In- tlie act3
aforesaid provision is respectively made that the general court, at their
present session, might apportion the same on the several towns, dis-
tricts, parishes and places within this province, if they should think
fit ; 3'et inasmuch as such a heavy tax will be extremely bmthensomc
to the inhabitants of this province, under their present distressed cir-
cumstances, and as some of the possessors of government securities,
for the redemption of which the aforesaid sum of two huiulred and
forty-nine thousand six hundred and seven pounds is ap[)lied, are
willing to continue their monev upon loan, pa^'able at a further period ;
which, with the tax of fifty thousand pounds now agreed to be assessed
and levied this year, will be suftlcient to redeem the government securi-
ties, with the interest thereon, tliat will become due in June next;
wherefore, for the ordering, directing and effectuall}' drawing in the
said sum of tifty-two thousand six hundred and sixty-seven pounds
four shillings and sevenpence, we, his majesty's most loyal and dutiful
subjects, the representatives in general court assembled, pray that it
may be enacted, —

And be it accordingly enacted by the Governor, Council and House of
Representatives,

[Sect. 1.] That each town, district, parish or other place within
this province be assessed and paj', as such town, district, parish and
place's proportion of the sum of fifty-two thousand six hundred and
sixt3'-seven pounds four shillings and sevenpence, the several sums
following ; that is to say, —

820

pEovmCE Laws.— 1765-66. [Chap. 18.]

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822

PROVINCE Laws. — 1765-G6.

[Chap. 18.]

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824

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Pbovlnce Laws. — ITOo-GG.

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830 Province Laws.— IT60-G6. [Chap. 18.]

And he it farther enacted,
aBBCBsment. [Sect. 2.] That the treasurer do fortliwilh scud out his warrants,

directed to the selectmen or assessors of each town, district, parish or
other place within this province, that are taxed, requiring them, respec-
tivch-, to assess the sum hereb}' set upon such town, district, parisli or
other place, in manner following ; that is to say, to assess all rateable
polls above the age of sixteen years, within their respective towns, dis-
tricts, parishes or other places, or next adjoining to them, belonging to
no other town or place, at six shillings and eigliti)ence per poll, and
proportionably in assessing the additional sura paid out of the treasury,
to the representatives for their travel and attendance aforesaid (ex-
cepting the governor, lieutenant-governor and tiicir families, the presi-
dent, fellows, pi'ofessors, Hebrew instructor and students of Ilarvaid
College, settled ministers, and grammar-school masters, who are hereby
exempted as well from being taxed for their polls, as their estates be-
ing in their own hands and under their actual management and im-
provement ; as also the estate pei'taining to Harvard College) ; and
other persons, if such there be, who, through age, infirmit}' or extreme
povcity, in the judgment of the assessors, are not able to pav towarn?
public charges, the}' maj- exempt their polls or estate, or abate part of
what they are set at, as in their prudence the}' shall think fit and judge
meet.

[Sect. 3.] And the justices in their general sessions, in the respec-
tive counties assembled, in granting a count}^ tax or assessment, are
hereb}' ordered and directed to apportion the same on the several towns,
districts, parishes and other places in such county in proportion to the
province rate ; and the assessors of each town in the province are also
directed, in making an assessment, to govern themselves b}' the same
rule ; and the incomes of all estates, both real and personal, lying
within the limits of such town, district, parish or other place, or next
unto the same, not paj'ing elsewhere, in whose hands, tenure, occupation
or i)ossession the same is or shall be found, and also the incomes or
profits which any person or persons, except as l)efore excei)ted. do or
shall receive from any trade, faculty, business or cmi)loyment wliatso-
ever, and all profits which shall or may arise by money, or counnissions
of pi'ofit, in their improvement, at twelvepence per pound ; and to abate
or multiply the same, if need be, so as to make up the sum set and or-
dered hereby for each town, district, parish or other place to pa}' ; and
in making the said assessment, to estimate houses and lands at six
3'ears' yearly rent, whereat the same ma}' be reasonably set or let for in
the i)lace where they lye : saving all agreements between landlord and
tenant, and where no agreement is, the landlord to reimburse one-half
of the tax set upon such houses and lands, new cleared lands for til-
lage not to be rated until the first crop be taken off; and to estimate
negro, Indian and molatto servants proportionably as other personal
estate, according to their sound judgment and discretion ; as also to
estimate every ox of four years old and n[)wards, at forty shillings ;
every cow or heifer of three years old and upwards, at thirty shillings ;
and every horse and mare of three years old and upwards, at forty shil-
lings ; and every swine of one year old and ujjwards, at eight shillings ;
goats and sheep of one year old and upwards, at three shillings each ;
the several creatures ai)Ove mentioned to be taxed to their respective
owners f)r occupants, by the assessors of the towns in which the owners
or occupants dwell : likewise i-c(]uii'ing the said assessors to make a fair
list of said assessment, setting forth, in distinct coknnns. against each
particular in-rsun's name, how much lie or she is assessed at for i)olls,
and how much Ibr houses and lands, and how nmch for personal estate,
and income by trade or faculty, and if as guardians, or for any estate,

[1st Sess.]

Province Laws.— 1TG5-G3.

831

in his or lier iiiiin'ovoineiit, in trnst, to 1)0 distinclly fxpresscd ; and the
list or lists, so perleclcd and signed l)y llieni, or the major pari of them,
to commit to the colleetor or constable oi- constahk'S of any sueh town,
district, parish or phice, and to retiuu a certillcale of tlie name or
names of such, collector, constable or constables, with the sum total to
each of them committed, unto himself, some time l)efore the last day •
of November next.

[Sect. 4.] And the treasurer, for the time being, upon receipt of
such certificate, is herein" impowered and ordered to issue forth his
warrants to the collector, or constable or constables, of such town, dis-
trict, parish or place, requiring him or them, respectively, to collect
the whole of each respective sum assessed on each particular person,
and to pay in their collection, and issue their accompts of the whole, at
or before the thirtieth day of March, which will be in the year of our
Lord one thousand seven hundred and sixty-six.

A7id be it further enacted,

[Sect. 5.] That the assessors of each town, district, pai-ish or other inhabiinnts to
place, respectively, in convenient time before thc-ir making of the ii"t"ff'th"ir™'
assessment, shall give seasonable warning to the inhabitants, in a town- polls, f^ttate,
meeting, or bv posting up notifications in some i)lace or places in such
town, district, parish or place, or notify the inhabitants some other way,
to give or bring in to the assessors true and perfect lists of their polls
and rateable estate tlicy shall be possessed of, on the first Monday in
September next, and income by trade or faculty, and gain by money :it
interest, which the}' are to render to the assessors, on oath, if required ;
and if the}- refuse to give in an account of the money at interest, on
oath, the assessors are impowered to doom them ; and if any person (;r
persons shall neglect or refuse so to do, or bring in a false list, it shall
be lawful to and for the assessors to assess such person or persons, ac-
cording to their known ability in such town, in their sound judgment au 1
discretion, their due proportion of this tax, as near as thev can. agree-
able to the rules herein given, under the penalt}- of twent}' shiUings for
each person that shall be convicted b}' legal proof, in the judgment of
said assessors, in bringing in a false list ; the said fines to be for the use
of the poor of such town, district, parish or place where the delinquent
lives, to be levied by warrant from the assessors, directed to the col-
lectors or constables, in maimer as is directed for gathering the town
assessments, to be paid in to the town, district or parish treasury, for
the use aforesaid : saving to the party aggrieved at the judgment of the
assessors in setting forth such fine, libert}- of appeal therefrom to the
court of general sessions of the peace within the county, for relief as iu
the case of being overrated. And if any person or persons shall not
bring in a list of their estates. as aforesaid to the assessors, he or they
so neglecting shall not be admitted to make application to the court of
general sessions, for any abatement of the assessment laid on him or
them.

[Sect. G.] And if the person be not convicted of an}- falseness in
the list, by him presented, of the polls, rateable estate, or income In-
trade or faculty, business or employment, which he does or shall exer-
cise, or in gain by money at interest or otherwise, or other estate not
particularly assessed, such list shall be a rule lor such person's propor-
tion to the tax, which the assessors may not exceed.

And forasmuch as, oftentimes, sundry persons, not belonging to this
province, bring considerable trade and merchandize into the same, and
by reason that the tax or rate of the town where liiey come to is fin-
ished and di'livercd to the constable or collectors, and. i)eforc the next
year's assessment, are gone out of the province, and so pay nothing
towards the support of the government, tho', in the time of their resid-

832

Province Laws.— 1765-66.

[Chap. 19.]

Transient
traders to be
rated.

Merchants to be
rated for carry,
ing on trade in
any town beside
wbere tbey
dwell.

Selectmen to
transmit a list
of sucb persons
before tbey are
rated.

Inbabitants of
I?i)sh)n wlio re-
move out of
town and return
in a year, to
pay tlieir tax in
8aid town.

ing here, they reaped considerable gain l)y trade, and had the protec-
tion of the government, —

Be it therefore enacted,

[.Sect. 7.] That when an}- person or persons shall come and reside
in any town within this province, and bring any merchandize, or trade
to deal therewith, the assessors of such town are hereby impowered to
rate and assess all such persons, according to their circumstances, pur
suant to the rules and directions of this act provided, though the
former rate may have been finished, and a new one not perfected, as
aforesaid.

And be it further enacted,

[Sect. 8."] That when any merchant, trader or factor, shall set up
a store, and trafflck, or carry on any trade or business, in any town
within this province, not being an inhabitant of such town, the assessors
of such town where such trade and business shall be carried on as afore-
said, be and hereby are impowered to rate and assess all such merchants,
traders and factors, their goods and merchandizes, for carrying on such
trade and business and exercising their laculty in such town, pursuant
to the rules and directions in this act: irrovided, before any such
assessors shall rate such persons, as aforementioned, the selectmen of
the town where such trade is carried on shall transmit a list of sucli
persons as they shall judge may and ouglit to be rated, within tlie intent
of this act, to the assessors of such town or district.

[Sect. 9.] And the constables or collectors are hereby enjoined to
levy and collect all such sums committed to them, and assessetl on per-
sons who are not of this province, or are residents in other towns than
those where they carry on their trade, and pay the same.

And whereas'it has been the practice of some of the inhabitants of
the town of Boston to remove to some other town in this province, and
there reside for some months, to avoid paying their part of the taxes
in the town of Boston, to which they really belong, to the great injury
of the said town, —

Be it therefore enacted,

[Sect. 10.] That when any inhabitant of the town of Boston shall
remove to any other town in this province, and shall, in one year after,
remove back" to said Boston, and shall have been taxed in the said
town, he shall be subject to pay said taxes in like manner as he would
liave been had he not have removed from said Boston {saving so much
as he shall be taxed in the town removed to) , anything in this act to the
contrary notwithstanding. [Passed June 21.

CHAPTER 19.

AN ACT FOR THE PRESERVATION AND INCREASE OF MOOSE AND
DEER ON TARPOLIN-COVE ISLAND AND NENNEMESSET ISLAND,
LYING AND BEING IN THE COUNTY OF DUKES COUNTY.

I'rearablo.

WiiiiKEAS James Bowdoin and William Bowdoin, Esqrs., by their
petition to this com-t, have represenleil that they have been long en-
deavouring to raise a stock of deer on Tarpolin-C'ove Island, otherwise
called Nausham, or Catamock, and on t!ic island Nennemesset, and
several small islands contiguous (said islands being in the town of
Cliilmaik, in the county of Dukes County), but have been in a great
measure prevented by hunters and others coining on said islaiuls to
liuiil and kill deer; to the givat damage of the said petitioners, not only
in the loss of deer, butof otlier live stock, which has been clandesliiu ly

[1st Sess.]

Province T.a-ws. — ITGo-GG.

833

taken awa}- b\' said hunters, or destroyed by their dogs ; and whereas
the raising and increase of moose and deer on said islands may be of
great advantage not only to the said petitioners and their successors,
but also to the publick, —

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

[Sect. 1.] That each and every person, except the said petitioners,
or such as shall be proprietors of said islands, or such as shall have
special licence from them, who shall, after the twentieth day of July in
this present year, one thousand seven hundred and sixty-five, luiiit,
wound, kill or take away any moose or deer upon either of the islands
aforesaid, or be concerned or assisting therein, and be thereof convicted,
either b}- his own confession or by the oath of one witness, shall, for
each and ever^' time he shall so hunt, or for each and every moose or
deer he shall so wound, kill or take away, pay a line of six pounds and
costs of prosecution ; one moiet}' of said tine to be to his majesty for
the use of this province, and the other moiety thereof to hiin or them
that shall inform against and prosecute the offender to effect ; such
prosecution to be commenced within two 3'ears after the offence done.

And be it further enacted,

[Sect. 2.] That every person killing or taking away, or assisting
in killing or taking awa}', anv moose or deer on either of the islands
aforesaid, shall be and hereby is deemed a trespasser; and is hercl)y
subjected to the action of such as are or shall be the proprietor or \)ro-
prietors of all or an}' of said islands, or to the action of an}- or either
such proprietors, for the recover}' of six pounds for each and every
moose or deer so killed or taken awa^s', if such proprietor or proprietors
shall choose rather to bring an action of trespass against such otfendcr.
than a prosecution : provided, that such trespasser shall not, for one
and the same ofTence, be subjected both to an action and a prosecution ;
and if both shall be brought against the same offender, for the same
otfence, the proprietors shall be obliged to make their option which
they will continue, and shall discontinue the other.

And be it further enacted,

[Sect. 3.] That if the flesh, skin or skins of any moose or deer
newly killed, be, at any time after the twentieth day of July aforesaid,
found with, or in the possession of, any person or persons whatsoever,
except as before excepted, on either of the islands aforesaid, it shall
be deemed sufficient proof of such person or persons' having killed
moose or deer contrary to this act, unless such person or persons shall
prove, by evidence, that such moose or deer were not killed on citiior
of the said islands, or killed thereon by persons authorized to kill the
same.

And be it further enacted,

[Sect. 4.] That it shall be and hereby is declared to be lawful for
any person or persons to kill any dog or hound that may at any time
be brought or found on any of the islands aforesaid, not belonging to
the said islands or some of the inhabitants of the same.

[Sect. 5.] This act to continue and be in force for five years from
the twentieth day of July, one thousand seven hundred and sixty-five,
and no longer. \_Passed and published June 2b.

No person
bill Biu'li 118 are
propriulors or
liiivc- liccnHc, lo
limit, woiiiiii, ur
kill iiiooHu ur
(li'i'r on tlic
iHhinils nu-n-
tloncd.

I'unulty.

Offundcrs
Ofi'infil tres-
piisst-rs, anil
may be sued
accor Jiii|;ly :

— bill subject to
only one acliun
or prosecution.

The flesh and
skins deemeil to
be evidence,
unless proof be
made that lliey
were not killed
contrary to law.

Lawful to kilt
dogs found oil
ibe Islands, not
beloiigiii); I hero.

Limitation.

834

PROVINCE Laws.— 1765-GG. [Chaps. 20, 21.]

CHAPTER 20.

AN ACT FOR THE PRESERVATION OF THE BEACH AND HARBOUR IN
THE TOWN OF PLYMOUTH.

No pcTson to
cut wood or
brush growing
on Plymouth
beach, but
under certain
restrictions.

Penalty.

Limitation.

AViiEREAS great damage is done on the beach in the town of Plym-
outh by cutting and carrying off the wood and brush that grows on
some part of it, and the hai'bour is greatly endangered thereby, —

Be it enacted by the Governor, Council and House of Rppresenta-
tlces,

[Sect. 1.] That no person, on an}^ pretence whatevei', be allowed
to cut and carr}' off an}- of the wood or brush that grows on said beach,
s((vinci what may be cut by order of the selectmen, and used for the
securing and preserving said beach and harbour ; and if any person
shall cut and carr}- off an}' wood, poles, brush or trees standing and
growing on said beach, he shall forfeit and pa\' for each offence the sum
of twenty shillings for each tree, pole or quantity of brush cut and cai'-
ried off; to be recovered b}' action or information before any justice of
tlie i)eace in the county of Pl3'mouth. one half of the said forfeiture to
him or them that shall inform and sue for the same, and the other half
to the use of the poor of the town of Plymouth.

[Sect. 2.] This act to continue and be in force for the space of
three years from the tenth day of July next, and no longer. \^Passed
and published June 25.

CHAPTER 21.

AN ACT FOR RAISING BY LOTTERY THE SUM OF THREE THOUSAND
TWO HUNDRED POUNDS, FOR BUILDING ANOTHER HALL FOR THE
STUDENTS OF HARVARD COLLEGE TO DWELL IN.

Preamble.

Directors of the
collcije lottery
appointed :

— fi r niiKing
£a,JJO.

Whereas the buildings belonging to llarvai'd College are greatly
insuflicient for lodging the students of tlie said college, and will becomii
much more so when Stoughton Hall shall be pulled down. as. by its
present ruinous state, it appears it soon must be ; and whereas there is
no fund lor erecting such buildings, and considering the great expence
which the general court has lately been at in l)uilding IloUis Hall, and
also in rebuilding Harvard College, it cannot be exi)ecled that any
further provision for the college should be made out of the public
treasury, .so that no other resort is left but to private benefactions,
which, it is conceived, will be best excited b}' means of a lottery ; there-
fore, to prevent the further inconveniences which will arise from the
necessary pulling down Stoughton Hall, and to provide for the present
want of lodging-rooms in the said college, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That Thomas nubl)ard, Esq., Harrison dray, Esq.,
Thomas Flucker, Esq., Edward Holyoke, Esq., Joseph J>ee, Esq..
John Winthrop. Esq.. and l\Ir. Thomas Gray, be ap[)ointed and iin-
powered directors to set u[) and carry on a lottery or lotteries, in one
or more classes, whereb}- to raise the sum of three tlionsanil and two
hundred pounds, lawful money ; which sum so to be raised, and every
l)art thereol'from lime to time so raised, after deducting the necessary
expcnces, to l)e settled and ap])roved of liy the governor and couucib
shall be paid unto Uie treasurer of th.- piovince, to be subject to the

[Isr Sess.]

PROvrNCE Laws. — lino-GG.

835

order of the governor, by ami with the advice and consent of tiie
council, for building a new hall Ibr lodging-rooms, as l)elbre mentioned,
lor the use of Harvard College as aforesaid ; and the .said directors, or
any four of them, shall, as soon after the publication of this act as
conveniently may be, prepare a scheme and plan for carrying on the
said lottery or lotteries, and lay the same before the governor and
council for their approbation ; which scheme and i)lan, with such altera-
tijns and additions thereto as shall be thought adviseal)le from time to
time, l>eing approved of by the governor aiul council, shall be the rules
for the saitl directors' proceeding in the carrying on the said Ic^ttery or
lotteries, and raising the said sum of three thousand and two hundred
pounds as aforesaid. And the said directors, and each of them, before
they or he shall undertake the execution of this act, shall take an oath
for the faithful execution of the trust reposed in them, before one of
his majesty's council or a justice of the peace, the administration of
which oath shall be certified unto the governor and council ; and the
accounts of the said directors, and each of them, shall be audited and
iinalh' settled by the governor and council, and thei'e shall remain upon
record.

[Sect. 2.] And if there shall be any disputes concerning the right
of or to any benefit-ticket or tickets, the same shall be heard and
determined by the directors, or an}- four of them ; and if either of the
parties shall be dissatisfied with such determination, they shall be at
liberty to appeal to the governor and council, who shall hear and finally
determine the same ; and if anv prize which shall be drawn in the said
lottery or lotteries shall not be claimed witiiin one v^ear after the list of
l)rizes shall be published in some or one of the Boston newspapers, the
same shall be considered as generously given to the uses aforesaid, and
shall be paid unto the said treasurer, anil ap[)lied according!}- ; and if
there shall remain any overplus of the said money remaining, after the
said new hall shall be built and conipleatly finished, the same shall be
ai)plicd, for the benefit of the college, to such uses as the governor,
with the advice and consent of the council, shall order and direct.

And be it enacted,

[Sect. 3.] That if any person or persons shall forge or alter, or
knowingly publish any forged or altered ticket or tickets, with intent to
defraud, and shall be convicted thereof in the su[)erior court of judica-
ture, court of assize and general goal delivery, such person or persons
shall be punished by fine, imprisonment, setting in the pillory, and
whi|)ping. or an}- of them, according to the discretion of the court
and the nature of the offence. \_Passed and pxLhlished June '2b.

Money, how to
bu uppllcU.

Governor nnd
council tu ap-
prove the
Bcboine.

Directors to be
under oath.

Prizes not
claimed in one
yesir, to be con-
cidercd as given
to the college.

Overplus, ifany,
to be applied
for the beneAl
of the college.

Penalty on
forging tickets.

CHAPTER 22.

AX ACT TO ENABLE THE PROPRIETORS OF THE TOWN OF WINDHAM,
IN TIIE COUNTY OF CUMBERL.VND, TO EXCHANGE THE MINISTERIAL
IIOME-LOT, SO CALLED, FOR OTHER LANDS IN THE SAID TOWN.

Whereas the ministerial home-lot in the town of Windham, in the Preamble,
county of Cumbcrlan<l, containing twenty acres, is but ten poles wide
and a mile long, and therefore, by the great charge of fencing, ren-
dered unfit for that use ; and niicrea:; the Iteverend Mr. Peter Thacher
Smith is seised and possessed of one hundred acres of land (lot num-
ber forty-four), in the aforesaid town of Windham, which lias been
assigned him by the proprietors, as part of his settlement ; and idiorcus
the said proprietors, by their committee, Nathan IJowen, Jeremiah Lee

836 Peovtkce Laws.— 1765-66. [Chap. 2^.]

and Isaac Mansfield, Esquires, on the one part, and the said Peter
Thacher Smith, on the other, for their mutual advantage and benefit,
desire to make an exchange of the abovesaid ministerial home-lot, con-
taining twenty acres, for the like quantity' of twenty' acres out of the
abovesaid lot number fort^'-four, as it shall be laid out by the parties
above named, —

Be it therefore enacted by the Governor^ Comicil and House of
Representatives,
Proprietors of That the proprietors of the said town of Windham, b}' their afore-

Uov! Mi'.'sm'ith, ^^'^'^ Committee, Nathan Bowen, Jeremiah Lee and Isaac Mansfield, be
tnipowired to and hereby are full}^ authorized and impowcred to bargain, sell, and
onaiidf convey, and execute a good and sufficient deed of, the ministerial home-

lot aforesaid, to the said Peter Thacher Smith, his heirs and assigns
forever, an}' assignment of the said lot to the use of the ministr}' not-
withstanding ; and to take by deed, in exchange therefor, from the
said Peter Thacher Smith, twenty acres, part of the said lot nnmbei-
fort3'-four, which twentj^ acres of the said lot numl)er forty-four shall
be and hereb}- are declared to be appropriated to the use of the minis-
tr}' in the said town of Windham, in like manner as the ministerial
home-lot, so called, would have been and remained appropriated if it
had not been alienated in consequence of this act. [PassecZ June '21').

[2d Sess.] Provlnce Laws. — 17Go-GG. 837

ACTS

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

1765-

CHAPTER 23.

AN ACT FOR INCORPORATING A NEW PLANTATION IN THE COUNTY
OF HAMPSHIRE, CALLED AND KNO"WN BY THE [XAME OF*] MUR-
RAYFIELD, INTO A TOWN BY THE NAME OF MURRAYFIELD.

Whereas the proprietors of the plantation called and known l)y the preamble,
name of Murrayfield. have represented to this court that the inhabit-
ants of said i^lantation labour under many diflicultics and inconven-
ienc[/]es by reason of their not being incorporated; for the removal
whereof. —

Be it enacted hy the Governor, Council and House of Representa-
tives,

'[Sect. 1.] That said tract of land, bounded and described as fol- Murrayfidd
lows ; vizf'^., bounded nortlierly, partly on Chesterfield, and partly on a c"rta''in bounti».
new township known by the name of Number Three, and runs from the
south-west corner of said Chesterfield to the north-east corner of
Becket : thence, on the east line of Becket, to the south-east corner
of said Becket ; and from thence, the same course to Blan[f/]ford line ; •
then, bounded south, partly on said Blanford, and partly on Westfield ;
and east, partly on Southampton, and parth' on Northampton. — be
and hereby is erected into a town by the name of JMurrayfield ; and the
inhabitants thereof shall have and enjoy all such privile[djges and
immunities as other towns in this province have and do by law enjo}'.

And be it further enacted,

TSect. 2.1 That Eldad Tavlor, Esnf'^., be and herebv is impowered First mociini}.

. , . -' '. • 1 • 1 1 -i ^ x> • 1 i. <• nr how U) DC

to issue his warrant to some principal inhabitant ot said town ot Mur- notifid.
rayfield, requiring him, in liis majesty's name, to warn and notify tlie
said inhabitants, qualified to vote in town atfairs, to meet together at
such time, and place in said town, as shall be appointed in said warrant,
to choose such officers as the law directs to be chosen annually, in the
month of March, and may be necessary to manage the affairs of said
town ; and the inhabitants, so met, shall be and are hereby impowered
to choose officers accordingly. [_Pas.sed October 31.

CHAPTER 24.

[.1»]N ACT FOR REVIVING AND CONTINUING AN ACT MADE IN THE
FOURTH YEAR OF HIS PRESENT MAJESTY KING GEORGE THE
THIRD, INTITLEU "AN ACT TO PREVENT THE UNNECESSARY DE-
STRUCTION OF ALEWIVES IN THE TOWN OF MIDDLEBOROUGH."

WiiEUKAS an act made in the fourth year of his present majesty's '^'"y^'^J^^^^^^'^^
reign, intitled " An Act in addition to the act intitled ' An Act to pre- aScViu ''
* Parchment mutilated.

838

Pkovince Laws. — 17Go-GG.

[Chap. 2-3.]

Middlcborough,
CDiilinucd.
] 7G4-t)5,
chap. 10.

vent the uiuiecessaiy destruction of alcwives in the town of Middle-
borough,' " has been found useful and beneficial, and is now expired, —

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

That the said act, in all and every article, clause, matter and thing,
be and is hereby- revived, and shall be in full force until the twent}--
sixth of October, which will be in the year of our Lord one thousand
seven hundred and sixt3'-seven. \_Passed October 31.

CHAPTER 2 5.

AN ACT FOR ERECTING THE SECOND PARISH OF FALMOUTH, IN THE
COUNTY OF CUMBERLAND, INTO A DISTRICT BY THE NAME OF
CAPE ELISABETH.

Preamble.

Cape Elizabeth
rnadc a district,
by certain
bounds.

First meeting,
how to bo
notified.

Proviso.

AViiEREAS the second parish of Falmouth, in the county of Cumber-
land, labour under many and great difflculties by reason of their not
being erected into a distinct and separate district ; wherefore, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the said second parish of Falmouth, lying and
being on the south side of the Fore River, in Falmouth, riui[»]ing up
said river, towards Stroudwater River, until it comes within half a mile
of the mouth, or entrance, of said Stroudwatcr River, and thence, on- a
due west course, or line, across to Scarborough line, be and is hereb\'
incorporated into a district by the name of Cape Flisabeth ; ami that
the said district be and hereby is invested with all the privile[d]gcs,
powers and immunities that towns in this province, by law, do or may
enjoy, that of sending a representative to the general assembly only [cx]-
[ac] cepted ; and that the inhabitants of said district shall have liberty,
from time to time, to join, with the town of Falmouth, in the choice
of a representative or representatives ; and that the selectmen of the
town of Falmouth give seasonable notice, to the inhabitants of s[«("]'d
district, of the time and place for the choice of such representative or
representatives, which representatives ma}- be chosen iudilferently from
said town or district.

And be it farther enacted,

[Sect. 2.] That Samuel Waldo, Esq^'^ , be and hereby is directed
and impowered to issue a wan-ant, directed to some i)nncii)al inhabitant
witliin said district, requiring him to warn the inhal)itants of said dis-
trict, (|ualilied to vote in town affairs, to assemble at some suitable lime
and place, in said district, to chuse such oflicers as are necessary to
manage the affairs of said district.

Pro vided. v evcrthcless, —

[Sect. ;5.] 'I'he inhabitants of said district of Cai)o Flisabeth shall
pay their pi'oportiouable pai't of all such town, county and province
charges, as are already assessed, in like manner as tho"[Mf///] this act
had not been made. [^I'assed November I.

[3d Sess.]

Province Laws.— 1765-66.

839

* ACTS

Passed at the Session begun and held at Boston,

ON the Fnn'EENTH DAY OF JANUARY, A.D. 1 766.

CHAPTER 2G.

AN ACT FOR ERECTING THE NORTH TRECINCT IN THE TOWN OF
WESTBOROUGH, IN THE COUNTY OF [ \yOltCESTEli*], INTO A
SEP[E][.4]RATE DISTRICT BY THE NAME OF NORTHBOROUGH.

Whereas the inhabitants of the north precinct in West borough, in
the county of Worcester, labour \\\_nder*'\ many and great difficulties
b}' reason of their not being a distinct and sep[e][a]rate district;
therefore, —

Be it enacted 'by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the north precinct in Westborough, in the county
of Worcester, according to its present known bounds, be and hereby is
erected into a district by the name of Northborough ; and that the said
district be and hereb}' is invested with all the privileges, powers and
immunities that towns in this province, b}' law, do or may enjoy, that of
sending a representative to the general assembly excepted ; and that
the inhabitants of the said district shall have full power, from time to
time, to join, with the town of Westborough, in the choice of a repre-
sentative or representatives, which representatives ma}' be chosen in-
ditferentl}- from said town or district ; and that the selectmen of the
town of Westborough, as often as they shall call a meeting for the
choice of a rei)resentative, shall give seasonable notice to the clerk of
said district for the time being, of the time and place of said meeting,
to the end that the said district ma}' join them therein ; and the clerk
of said district shall set up. in some i)ubliek place in the said district,
a notification thereof, accordingly ; and the jiay and allowance of said
representative to be borne b}' said town and district.

And be it further enacted,

[Sect, 2.] That the said district shall pay their proportion of all
town, county and province taxes alread}- set on, or granted to be raised
by, said town, as if this act had not been made.

Pro V ided , neve rtheless , —

[Sect. 3.] That the inhabitants of the said district shall retain and
enjo}' the same right and share to all the ministerial lands, ami the im-
provements and profits thereof, as they would have liad if this act had
not been made.

Provided, also, —

And be it further enacted,

[Sect. 4.] That of all [^/te] monies, arms and ammunition, weights
and measures, belonging to said town, the inhaliitants of the said dis-
trict shall have and enjoy a proportion thereof, equal to the proportion
the}- paid of the chaiges of said town, according to their last town tax,

* Parchineut mutilated.

Xortliborougli
mudu :i (li!>trict
Viy certain
bounds.

To join witli
Wo8ib«rou!?h
in llic clioicc of
reprfiitiiuUvi's.

To pay a pro.
poriioii of llie

tUXl'H.

To bavo ritjlil
and pliari- to tha
nilnlittorini
lands :

— and a propor-
tion of mon«y»,
nnnx, weigliln.
Sec.

810

Province Laws. — 1765-66. [Chains. 27, 28.]

First meeting,
how to be
notified.

And be it further enacted^

[Sect. 5.] That Francis Whipple, Esq^'^, be and herebj- is
[e][;']mpowered to issue a warrant, directed to some principal in-
habitant in said district, requiring him to warn the inhabitants of the
said district, qualified, b}- law, to vote in town affairs, to meet at such
time and place as shall be therein set forth, to choose all such ofliceis
as shall be necessary to manage the affairs of said district. \_Passed
January 24, 17G6.

CHAPTER 2 7.

AN ACT FOR ALTERING THE TIME APPOINTED FOR HOLDING THE
COURT OF GENERAL SESSIONS OF THE PEACE AND INFERIOPv
COURT OF COMMON PLEAS, WHICH, BY LAW, ARE NOW ESTAB-
LISHED TO BE HELD AT CHARLESTOWN, IN THE COUNTY OF
MIDDLESEX, ON THE FIRST TUESDAY OF MARCH.

Preamble.
1704-65, chap.
20.

Time of holding
court of ses-
Bions, &c., at
Charlestown.

Writs, &c., re-
turnable.

Whereas it appears inconvenient that the said court of general ses-
sions of the peace, and inferior court of common pleas for the said
county, should l)e held on the said first Tuesday of March, —

Be it therefore oiacted by the Governor^ Coiotcil and House of
Representatives^

[Sect. 1.] That the said court of general sessions of the peace,
and inferior court of common pleas, shall be henceforth held on the third
Tuesda}- of March, annually, and all officers and other persons con-
cerned are required to conform themselves accordingly.

And be it further enacted,

[Sect. 2.] That all writs, suits, plaints, processes, appeals, re-
views, recognizances, warrants, or other mattei's or things whatsoever,
which now are, or at an}- time before the said third Tuesday of March,
shall be, issued, taken or depending in the said county of Middlesex,
which were to have been returned, or proceeded on, on the saitl first
Tuesday of March, as by law appointed, shall be good and valid, and
stand good, to all intents and purposes, in the law, and shall l)e re-
turned and proceeded on — and said courts shall l)e held on — the said
third Tuesday of March, annuall}-. [^Passed February 15, 17GG.

CHAPTER 2 8.

Time of tills

OCt'H COIItill-

uaiicc.

[AN A*]CT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON
SPIRITS DISTILLED, AND WINE, AND UPON LIMES, [LE3tM0N.S*]
AND ORANGES.

We, his majesty's most loyal and dutiful subjects, the re|)resentatives
of the i)rovince of the ]\I:issacimsetts Bay. in general court assembled,
being desirous of less[f]ning the present debt of the piovince, have
cliearfuliy and unanimously granted, and do hereby give and grant unto
liis most excellent majesty, for llie end and use above nieiition«'d, and
for no other use, an excise upon all rum, and otiier distilU-d spirits, and
upf)n all wines whatsoever, and upon lemmons, limes and oranges, to be
raised, levied and collected, and paid in manner and form following: —

And be it acrordingly enacted by the Governor, Council and House of
Rep rese ntati ves ,

[Sect. 1.] Th:it from :ind after the twenty-fiflii day of March, one

* Paithineiit imitilateil.

[3d Sess.] Province Laws. — 1705-06. S-il

thousand seveu luindrod ami sixty-six, and nnlilfl] llic twcnty-sixtli
day of ]Marcli, one thousand seven hundred and sixty-seven, every per-
son already liconeod, or that sliall he iiereafter litcnced, to retail ruin or
other spirits ilislilled, or wine, shall pay (he duties liWlowing: —

For every gallon of rum and spirits distilled, fonrpenee.

For every gallon of wine of every sort, sixi)cnci'.

For every hundred of lenunons or oranges used and consumed in
making i)uneh, or otherwise for sale hy taverners and innholders only,
eight shillings.

For every hundred of limes used and consumed in making punch, or
otherwise for sale by taverners and innholders only, three shillings.
— And so proi)ortionably for any quantity or number.

^Ind be it further enacted,

[Sect. 2.] That every retailer of rum, wine or spirits distilled, tav- Accounutobe
erner and innholder, shall, on the twenty-sixth day of March, one ^''"''"'
thousand seven hundred and sixty-six. take a just and true account, in
writing, of all wine, rum and spirits distilled, then by him or her. or in
his or her possession ; and that every person who shall l)e he[(f]r[e]-
after licenced to be a taverner, innholder and retailer of wine, rum or
spirits distilled, shall take a like account of all wine, rum and other spir-
its distilled, by him or her, or in his or her possession, at the time ot
such licence being granted ; and every taverner, innliolder and retailer
of rum and other spirits distilled, or wine, shall make a fair entry, in
a book by them respectively to be kept for tliat purpose, of all such
rum, or other spirits distilled, or wine, as he or she. or any person or
persons for him or her, shall l)uy, distill, take or receive, after such first
account taken, and when and of whom the same was bought and taken
in ; and at the expiration of tlie said year shall take a just and true ac-
count how much thereof then remains by them ; and shall, in writing,
under their hands, render to him or them tiiat shall collect the duties
aforesaid the whole of those several accounts, and shall also make oath,
in the form following, l)efore such collector or collectors, who are here-
by irapowered to administer the same : —

You, A. B., do swear that the account by you now roudored, is, to tlu' best Form of the
of your knowledge, a just and true account of all wines, rum and distilled ""^ '
s])irits you had by you, or in your possession, on the twenty-six[th] day of
March, one thousand seven hundred and sixty-six, and also of all tiie wine, rum
antl other distilled spirits bought, distilled, taken in or received by you, or by
auy person or persons for or under you, or by or witii your knowledge, allow-
ance, consent or connivance, and that there still remains thereof in your i>os-
session, unsold, so inucii as is in tiiis account said to remain by you unsold ; and
that there has not been by you, or by any other person or persons for or und<'r
you, by your order, allowance, consent or connivance, either directly nr indi-
rectly, sold, used or consumed any wine, or auy li(iuor for. or as. wine, any
rum or distilled spirits, or liquor for, or as. rum or distilled spirits; or if a
taverner or innholder, that there has not been any limes, lenmions or oranges
by you, or by any person or persons for or under you. or by your order, con-
sent, allowance or connivance, used in making punch, or otherwise for sale,
.since the twenty-fifth day of March, one thousand seven hundred and sixty-
six, besides wliat is containeil in the account l)y you now rendered. .So help
you God.

— and every collector of the excise who shall receive any account from ivnaiiy for r<.i.
any person' in consequence of this act. without making oath to the same. j,';^!;;,^f,,"'^y,',*il!''
as aforesaid, shall forfeit and pay for the use of the government the outonth.
sum of twenty pounds.

[Sect. 3.]" And for every person that was not licenced on the same
twenty-sixth day of 3Iarch,'the form of the oath shall be so varied as
that ilistead of exiiressing the day aforesaid, the time of taking their
licence shall be inserted and used.

842

Piiovi^'CE Laws. — 1TG5-G6.

[Chap. 28.]

Duties to the
collector.

Ten per cent
allowed for
leakage.

Tavcrncrs, Sec,
to give bond.

llecosjnizanccB
put ill suit may
be cliancered as
other bonds.

Liccnees not to
be renewed if
former excise is
not paid.

Preamble.

Fi)i-fi'itiire for
Billiiii; without
license.

[Sect. 4.] And eveiy such taveraer, innholder and retailer shall
pay the duties aforesaid to him or them that sliall collect the same, on
the whole of the several articles mentioned in such account rendered,
saving onli/ for such part thereof as remains in their hands unsold : pro-
vided, nevertheless, [^tJmt /or*] ordinaiy leakage, t&c'^'' ^, ten per cent
shall be allowed them on all liquors in such account mentioned, [^besides
zt'/t*]at remains in their hands unsold, and what they shall on oath
depose they have lost b}' extraordinar}" [^leakage o?-*] other casualties.

A)Ld be it further enacted,

[Sect. 5.] That every person hereafter licen[c][s]ed to be a [^tav-
erncr, r*]unholder or retailer of any wine, rum or spirits distilled shall,
within thirty days after such [^licence ^*] ranted, and before he or she
shall sell by virtue of the same, not only become bound to keep good
rule \_and o*]rder, as by law is already required, but shall also become
bound, with sufficient sureties, by way of recognizance, to his majesty,
for the use of this government, in a sufficient sum, to be ordered by tlie
court that grants the licence, which sum shall not exceed three hun-
dred pounds nor be less than fifty pounds, conditioned that they shall
keep and render the accounts aforesaid, and pay the duties aforesaid,
as in and by this act is required.

Provided, nevertheless, —

And it is hereby enacted and declared,

[Sect. C] That all recognizances, taken in consequence of this act,
and on forfeiture put in suit in any court of record within this province,
may, by such court, be chancered down to the just debt and damage
(where that can be known), as other bonds may be, by the laws of this
province already enacted.

A7id be it further enacted,

[Sect. 7.] That no such taverncr, innholder or retailer shall be
licenced by the justices of the general sessions of the peace, who have
not accounted with the collector, and paid him the excise, aforesaid, due
from such persons at the time of his or her taking or renewing his
licence.

And ivhereas, notwithstanding the laws made against selling strong
drink without licence, man}- persons, not regarding the penalties of said
act, do receive and entertain persons in their liouses, and sell great
quantities of si)irits and other strong drink, witliout licence, by reason
wliereof great debaucheries are committed and kept secret, and such as
take licences and pay the duties of excise therefor are greatly wronged,
and tlie government thereby defrauded, —

Be it therefore enacted,

[Sect. H.] That if any distiller, importer, or any other person what-
ever, after the said tweuty-Gfth day of Marcli, shall presume, directly
or indirectly, to sell any rum or other distilled spirits, or wine, in less
quantity than fifteen gallons, or any beer, ale, cyder, perry or other
strong drink, in any quanlit}- less than three gallons, without licence
first had and obtained from the court of general sessions of the peace in
that county, and recognizing in manner as afores[a7'd*], shall forfeit
and pay for each offence the sum of two pounds and costs of prosecu-
tion, two tliirds for the use of the governmcut, and the other third for
the prosecutor.

And tvhrreas divers other persons than those licenced to sell rum and
other distiUed spirits by retail, have heretofore supplied persons em-
ployed by tliem in the fishery, building vessel [l]s. and in otlier busi-
ness, without paying any excise therefor, and lliereby have defrauded
the government of the duties of excise, and have not been subject
to tlie penalty provided by law against selUng drink without licence,
• rarchmciit mutilated.

[oD SeSS.]

Provinck Laws. — 17()'>-GG.

N4:J

aud the same practice will probably be continued unless effectual care
l>e taken to prevent the same, —

Be it therefore enacted,

[Sect. 9.] That all persons not licenced as aforesaid, who shall
hereafter, by themselves, or by any other person or persons under tlieui,
or by their order[s], allowance or connivance, supply an}- person or
persons employed liy them in the lishery, l)uilding of vessel[l]s, or any
other business or employ, with rum or any other distilled spirits, or
wine, shall be deemed and taken to be sellers of such licjuors, and be
sulject to the aforesaid pains and penalties provided auainst persons
selling any of the liquors aforesaid without licence, and shall be recov-
ered in like manner, unless they make it appear that such wine, rum
or other distilled spirits was purchased of a taverner, innholder or re-
tailer, or other person or persons that had licence or permit to sell the
same.

And be it further enacted,

[Sect. 10.] For the encouragement of the cod and whale fishery,
that all rum aud other spirits consumed b}' such persons as are em-
ployed in the said business, out of this province, be exempted from
paying excise, aud that there be allowed for the consumption of each
vessel[l]'s crew usually fishing ui)on George's Banks, and to the east-
ward and southward thereof, the quantity of twenty gallons for each
trip or fare ; aud that every master or owner of such vessel [1] or ves-
sel[l]s that shall, after the twenty-sixth day of March next, sui)ply
any such vessel [1] with any rum or spirits on a fishing voyage, and
produce an account thereof to the collector, under oath, not exceeding
the aforesaid quantity of twcut}- gallons for one trip or fare, shall be
allowed the same drawback as is i)rovided in this act on rum and other
spirits exjiorted out of this province.

And be it farther enacted,

[Sect. 11.] That when any person shall be charged with selling
any strong drink without licence, one witness produced to the satisfac-
tion of the court or justice befoi-e whom the trial is, shall be deemed
suflicient for conviction. And when and so often as it shall be observed
that there is a resort of persons to houses suspected of selling strong
driuk without licence, any justice of the peace in the same county, shall
[^have poiver*^ to convene such persons before him, to examine th«m.
upon oath, concerning the persons \_nuspected of sellinri*^ or retailing
strong drink in such houses, outhouses or other depend [a] [<']nc[/]e£.sj
iherec^f ; and if. upon examining such witnesses, and hearing the ileliMice
of such suspected person, it siiall ai)pear to the justice there is sulB-
cient proof of the violation of this act by selling strong drink without
licence, judgment may thereupon be made [?/;>*] against such person,
and he shall forfeit in like manner as if process had been commenced
[6//*] action or information before the said justice ; or otherwise the
said justice may bind over the [pers*]on suspected, and the witnesses,
to the next court of general sessions of the i^eace for the [coun*'}iy
where such person shall dwell.

And be it further enacted,

[Sect. 12.] That if any person or persons shall be [.s*]ummoned
to appear before a justice of the peace, or the grand jury, ti^ give evi-
dence relating to any person's selling strong drink without licence, or
to appear before the court of general sessions of the peace, or other
court proper to try the same, to give evidence on the trial of any i)er-
son informed against, presented or indicted for selling strong drink
without licence, and shall neglect, or refuse to appear, or to give evi-
dence in that behalf, c\ery person so offending shall forfeit the sum of
* Parchment mutilated.

Porgonn IK it
lici'iiH('il,(iu|i|>ly-
ill); tliu8L- (111-
nloyed by iluin
in till- llKlicry,
&c., Willi spiriU
iioiiM liqtiorit, to
be <lL-emL'(l
Hullera.

Vessels em-
ployed in the
cod and whulo
tishory allowed
twenty ^'ullons
free of excise.

One witness
suflicient for
convictioo.

Penally on per-
son* refUHJnif l<
give evideiici-.

844

PROVINCE Laws. — 1765-66.

[Chap. 28.]

How fines, &c.,
are to be recov-
ered.

Colloctors to
attend in each
town or district.

Collectors iil-
rendy chosen
lire to Bcc to tlie
execution of this
net;

— anil may ap-
point deputies.

fort}^ shillings and costs of prosecution ; the one half of the pcnalt}'
aforesaid to be to his majest3- for the use of the province, and the
other half to and for the use of him or them who sliall sue for the same
as aforesaid. And when it shall so happen that witnesses are bound to
sea before the sitting of the court wlicre any person or persons in-
formed against, for selling strong drink without licence, is or are to be
prosecuted for the same, in e^erv such case, the deposition of an}- wit-
ness or witnesses, in writing, taken before any two of his majesty's jus-
tices of the peace, quorum nnus, and sealed up and delivered into court,
the adverse part}- having first had notice, in writing, sent to him or
her, of the time and place of caption, shall be esteemed a suiiicient
evidence, in the law, to convict any person or persons offending against
this act, as if such witness or witnesses had been present at the time
of trial, and given his, her or their deposition viva voce; and every
person or persons who shall be summoned to give e\'idcnce before two
justices of the peace, in manner as aforesaid, and shall jieglcct or
refuse to appear, or to give evidence relating to the facts he or she shall
be enquired of, shall be liable and subject to the same pcnalt}' as he or
she would have been, b}' virtue of this act, for not appearing, or neglect-
ing or refusing to give his or her evidence before the grand jury or
court aforesaid.

And be it further enacted,

[Sect. 13.] That all fines, penalties and forfeitures arising b}- this
act shall and may be recovered by action or information before any
court of record proper to try the same, and, where the sum forfeited
does not exceed forty shillings, by action or information before any one
of his majesty's justices of the peace in the respective counties where
such offence shall be committed : which said justice is hereby impowercd
to tr}^ and determine the same. And the saiil justice shall make a fair
eutr}' or record of all such proceedings : saving, alwai/s, to any person
or persons who shall think him- or themselves aggrieved by the deter-
mination of the said justice, liberty of appeal therefrom to the next
court of general sessions of the peace to be holden for or within said
county, at which court such offence shall be finally determined : jno-
vided, that in tlie same appeal the same rules bo observed as are
already required b}- law, in appeals, from justices, to the court of general
sessions of the peace, saving, onbj, tliat the recognizance lor prosecut-
ing the a[)pcal shall be four pounds.

[SiX'T. 11.] And that tlie respective collectors shall alteiid at some
convenient place in each town or district in this province, in order to
receive and settle all accounts relating to the said excise in the several
towns of the county where he is collector, first giving seasonable and
pul)lic[k] notice of the time and place or places where said business
shall be transacted ; and no collector shall demand or take any fee for
such attendance, settlement or travel, ujion the penalt}- of ten pounds,
to be recovered l\y action or information, in any court of record ; one
half to the informer, and the other half lor the use of the province.

[Skct. 15.] And such collectors in each county who shall hereafter
be appointed by the general court to take charge of this duty of excise,
shall l)e upon oath to take care of the execution of this law, and to
prosecute the breakers of it.

[Skct. 1G.] And every collector of excise in any county may sub-
stitute and ap[)oiut one' or more deputy or deputies under him, ujioii
oath, to collect and receive the excise aforesaid, wiiich shall become due
in said county, and pay in the same to such collector, which driiuty
and de[)ulies shall have, use and exercise all such powers and author-
ities as in and by this act are given or coinmitted to the collector for

• Parchment mutilated.

[3d Sks?s.]

Province Laws.— 1765-00.

845

the bettor collecting the duties aforesaid, or i)roseciitiiiu olluuders
agaiii-st tliis act ; for the doings of which deputies tlie collectors re-
spectively shall be accountable.

[Sect. 17.] And said collectors shall carefully examine the accoinits
of every licenced person in their respective counties, and demand, sue
for, and receive the several sums due from them, by this act, and sliall
give in the name of every licenced and permitted person, and an ac-
count, under their hands, of the particular sums they receive, and of
whom received, unto the treasurer, upon [oa*Jth ; wliicli oath the
treasurer is hereby impowercd and directed to administer in tlie words
following ; [iv'*]zf'\, —

You, A. B., do swear that this is a just and true account of the excise Form of the
upon all wines, rum and distilled spirits, limes, lcni[m]oiis and oranges by you °'''"'-
received or by you secured to be paid in the county of " ; and

that you have not wilfully neglected swearing any person of or for whom the
same was received or secured, in manner and form as by law is prescribed.
So help you God.

[Sect. 18.] And at the time of receiving any money, the said col-
lector shall give two receipts, of the same tenor and date, mentioning
what sum or sums the}' have received from any taverner. innholdei' or
retailer; one of which receipts to be b}' the said taverner, innhoUler
or retailer, returned to the court of general sessions of the peace, wi'liin
their respective counties, at the next session of such court, and the
clerks of said court shall, within thirty days after the receipt thereof,
transmit the same to the treasurer or receiver-general, under the pen-
alty of twenty pounds for each clerk who shall neglect his duty herein.

[Sect. 19.] And such collectors shall pa}- in to the publick treasury
of this province all such sums as tiic}' shall receive, within lifteen
months from the date of their ai)pointment, on pain of forfeiting the
reward given such collectors by this act, who shall l)e allowed, in the
counties of Suffolk, Essex and Middlesex, two per cent, in the counties
of Plymouth, Bristol, Hampshire and Worcester, two and a[i(]-half per
cent, and in the other counties, three per cent, on all money by them
collected and paid into the treasury as aforesaid, each collector, before
he enters into the said oflice, to give bond for treble the sum it was
farmed for in the I'cspective counties, in the jear one thousand seven
hundred and flft3'-sevcn, with sureties to the treasurer of this province
for the time being, and his successors in the said oflice ; which bond
shall be executed before the next court of general sessions of the peace,
in the respective counties, where the said collectors live, or bctbre two
of his majest3''s justices of the peace in the respective counties, one to
be of the quorum: one of the said justices to return the certilicate
to the clerk of the sessions within thirty days, as aforesaid, and be
transmitted to the treasurer of the province by the clerk of the peace
within such county, within three months afl:er the bond is executed ;
and the said treasurer shall put in suit the bonds of all such collectors
•who shall neglect to make due payment within fifty days after the day
of payment.

And he it further enacted,

[Sp:ct. 20.] That in case any collector of the excise [as] aforesaid, or
his deputy, shall, at any time during their continuance in that olliee.
wittingly and willingly connive at, or allow an}- [)erson or jjcrsons in
their respective divisions, not licenced by the court of general sessions
of the peace, their selling any wines, rum or other liquors by this act
forbidden, such collector or deputy, for every such oflencc, shall forfeit

Collectors to
give two rc-
c<-li)t8 for every
Biim received.

CollcctorB* fees.

noiid to be
jfivcn to the
tiiiisurer, for.
triMe the pum
tlKit tlie exoinc
WU8 farmed for.

reiinlly for eol.
Icclorn i>r «Iu
Ues' ulTeudini;.

• Parchment mntilated.

r,-[e Province Laws.— 17(3.5-6fi. [Chap. 28.]

the sum of fift}' pounds, and costs of prosecution ; one half of the pen-
alty aforesaid to be to his majesty for the use of this province, the
otlier half to him or them that shall inform and sue for the same, and
shall be thenceforward forever disabled from serving in said office :
Having that said collector ma}- give a permit to any person to sell rum,
or other spirits distilled, or wine, in quantit}' from fifteen gallons and
upwards, agreeable to this act.

Provided, always, and it is the true intent and meaning of this act, —
Proviso. [.Sect. 21.] That if auj' taverner or retailer shall sell to any other

taveruer or retailer an}- quantit}' whatever of distilled liquors and wine,
such taverner or retailer, selling as aforesaid, shall not be held to pay
such duty, but the taverner or retailer who is the purchaser shall pay
the same ; and the seller tis aforesaid, shall, and hereby is required to,
deliver to the collector of this duty a true account of such liquors sold
as aforesaid, and to whom sold.

And to the end that the revenue arising from the excise upon spiritu-
ous liquors may be increased and raised with more equality, —
Be it enacted,
]>iitiestobe [Sect. 22.'] That from and after the twenty-fifth da}- of March,

hn'uol'rim"'' *^'^'' tliousaud scvcu hundred and sixty-six, to the twent^'-sixth day of
poitid oi- manu- Mftrch, ouc thousaud seven hundred and [seventy] [i'ij,'?//] -seven, upon
all rum and other distilled spirits, and wines imported and manufac-
tured, and sold for consumption within this [)ro\ince, there be laid and
is hereb}- laid the duties of excise following; viz^., —
For ever}' gallon of rum and spirits distilled, fourpence.
For every gallon of wine of every sort, sixpence.
— To be paid to the collector of excise, or his deputy, by every person
having permit to sell the said liquors in each county, respectively.
And be it farther enacted,
Litiuors not to [Sect. 23.] That every person that shall import any of the liquors

be sold by the r(7/b?-e*lsaid, or to whom any of them shall or may be consigned, shall

importer, occ. l. */ j '. .' v ~

without a per- be and hereby is prohibited from selling the [.sa??ie*], or any part
thereof, without having a permit so to do from the collector of the
excise, or his deputy. And [ever?/*] person distilling or manufacturing
any of the said liquors, and every person owning or possessing any of
[tliem, e*]xcei)ting such as are or may be licenced by the court of gen-
eral sessions of the peace, as aforesaid, [.s7ia?/*] be and hereby are [)ro-
hibitcd from selling the same, or any part thereof, without having a
permit [.s*]o to do from the collector of excise, or his de[)uty, on for-
feiture of twenty-live pounds and of the value of the liquors so sold.

Provided, nevertheless, —

[iSect. 24.] That any person who shall have any of the liquors
aforesaid, in the hands of any distiller or other permitted person, and
shall diaw an order for delivering the same or any part thereof, not less
than iifteen gallons, to any person or his order, the person only who
shall be the receiver of the same liquors, shall be obliged to take a per-
mit, and l)e hehl to account, and pay the duties of excise due thereon.

Provided, nevertheless, —

[Sect. 25.] That the impost officer and his deputy shall lie and
herel)}' are respectively impowered to grant a permit for selling the
liquors aforesaid, or any of them, to any person applying for the same,
until[l] a collector be appointed in eacli county, resjjectively, to whom
the duty of excise shall i>e paid as aforesaid, and until[l] tlie collector
shall give i)ublic[lv] notice of his appointment as aforesaid. And the
said impost ollicer and his deputy, shall transmit, to the collector of each
county, an account of the permits by each of them, respectively, granted
to persons living in such county, and shall give to the collector, when

* I'iUTlinn'nt mutilated.

mit.

[3d Sess.]

Province Laws.— ITOo-GG.

8-47

required, an account of all the liquors impovlod. from timo to time, for
the better securing the excise.

And be it farther enacted,

[Sect. 26.] That every person having permit, as aforesaid, shall,
at the end of the year, from the twcnty-fillh day of IMarc-h. one tliou-
sand seven hundred and sixty-six, be ready to render to the t-oUcc-tor
aforesaid, or his do[)uty, an account, on oath, of all the licjuors albrc-
said by him or her, or any person or persons in his or her behalf, sold ;
and also of all the atbresaid liquors l)y him or her imported, distilled
or manufactured, or which have come into his or her possession since
the twenty-lifth day of March aforesaid, except the same were liouiiht
of a licenced person in a quantity less tlian lifleen gallons, which in
his or her famil}' have been consumed or expended witiiin said year ;
which account shall express the nuniber of gallons of each kind of tiie.
liquors so sold and consumed ; and shall pay therefor to tiie said collect-
or or his deputy the duty albresaid, excepting tor so much as shall
have been sold to taverners, innhoklers or retailers having licence from
the sessions as aforesaid, or to any other persons having permit as
atbresaid, and so much as shall have been exported out of this prov-
ince ; and if any of said liquors shall have been sold to persons licenced
by the sessions, or to persons having permit, said account shall exhil)it
the names of such licenced person who purchased, and persons having
permit, and time when they purchased the same ; and the persons
accounting shall exhibit a certificate under the hands of the licenced
or permitted person purchasing, which shall express the number of
gallons, and the kind of the liquors purchased, and the time when the
same was purchased, and the name of the town [and] [^or'\ count}'
wherein such licenced or permitted person lives, and shall lodge the
said certificate with the said collector, or his deputy ; and for the quan-
tity of the said liquors mentioned in such certificate, the said collector
or his deputy shall not demand any duty, but shall deliver said certifi-
cate to the collector of the county wherein such licenced or permitted
person[s], signing the same, lives ; which last-mentioned collector or his
deputy shall settle with such licenced or permitted person Ibr the duty
aforesaid which may be due from him or her.

[Sect. 27.] And if any person having permit or hcence, as aforesaid,
shall ship or export an}' of the liquors aforesaid out of this iwovince
in a quantitv not less than twenty-five gallons, and shall produce to
such collector, or his deputy, when he comes to settle his account of
excise, one of the receipts or bills of lailing given therefor by the
master of the vessel [1] on board which such liquors shall be shipped
(or if it shall be carried out of the province by land, or in small boats,
then of the person who is master of the land-carriage or boat), ex-
pressing the quantity thereof and the time of their being shipi)ed, and
shall lodge such receipt or bill of lading with the collector or his deputy
as aforesaid, and at the same lime shall swear that such liquors are
bond fide sent, or intended to be sent, out of the province, he or she
shall not be held to pay the duty thereon aforesaid.

[Sect. •2H.~\ And if any person not having permit or licence shall
purchase, for exportation out of this province, any of the liquors afore-
said, in a quantity not less than twenty-five gallons, of a person having
IM-rmit or licence, the purchaser shall, within ten days after shipping
the same, deliver one of the receipts or bills of lading given for such
liquors, as aforesaid, to the person of whom he purchased the same as
aforesaid, who shall i)ay such duty to the collector or his deputy ; but
if the purchaser atbresaid shall deliver such receipt or bill of lading as
aforesaid, and it be lodged with the collector or his deputy, then, for tlic
quantity of said liquors mentioned therein, the collector or bis deputy
shall not demand any duty.

I'lTHonit Imvlnit
prriiiil lu afuru,
hiikI, to render
nil .-iceoiiiit to
Uie culleclor nl
the end of every
liiilf-yeur, tat)-
ing, iic.

Pcr»onB having
pemiU as afore-
naiii, to give an
account »)f
liquorx by them
sent out of the
proviuco.

TVri«ong not
liuvinx pormlt,
to render an
account, &<;.

848

Province Laws.— 17G5-66. [Chap. 28.]

Penalty for mas-
ters or others
givinijcertificate
witliout receiv-
ing the liquors.

Proviso.

I'ersons apply-
ing for a permit,
to give bond.

Preamble.

Persons import-
liij; liquors for
jjrivatu coii-
Miinplion, &c.,
to render ac-
coiiiit thereof to
the (collector.

[Sect. 29.] And if the master of any vessel[l]. or any other person,
shall give such certificate, receii)t or bill of lading, without receiving the
liquors mentioned therein, or if any person shall procure such certifi-
cate, receipt or hill of lading, with design to defi-aud the government,
and shall be thereof convicted, they and each of them shall forfeit and
pay the sum of one hundred pounds, two thirds for the use of this gov-
ernment, and the other third for the use of the prosecutor. And if any
such certificate, receipt or bill of lading shall be foi-ged, counterfeited
or altered, the person forging, counterfeiting or altering shall incur the
penalt}- of one hundred pounds.
Provided^ nexertlLeless^ — .

[Sect. 30.] That the person having permit as aforesaid shall not
sell any of the liquors aforesaid in a quantity less than [/*]fteen gal-
lons (to be sold and delivered to one person at one time), unless he or
she has licence from [tli*~\Q court of general sessions of the peace, as
afoi'esaid, on pain of incurring the several fines and penalties in the
former part of this act, laid upon those persons who sell the liquors
aforesaid without licence.
And be it further enacted^

[Sect. 31.] That every person applying to the collector or his
deputy, or to the impost officer or his deputy, for a permit, shall give
bond, for the use of this province, with or without sureties, in a sum not
exceeding two hundred pounds nor less than twenty pounds, at the
discretion of the collector or impost officer, conditioned for the payment
of the excise that shall become due according to the account to be
exhibited by such person taking such permit ; and no jierson shall have
such permit of the collector or impost officer until [1] he has given such
bond.

And whereas the importer of the liquors aforesaid, or the person to
whom they shall be consigned, may intend the same either for sale or
for his or her own private consumi)tion, in which case such importer
or consignee is not sufficiently held by any preceeding part of this act
to pay the dut}- or excise aforesaid ; wherefore, in order to lay said
duty or excise in as equal a manner as ina}- be, —
Be it enacted^

[Sect. 32.] That every person that shall bring or import into this
province, either by land or water carriage, any of the liquors aforesaid,
either for sale or private consuinplion, shall, within ten days, pay or
secure to the collector the duties o[f][j'] excise due thereon; and in
case of failure herein, and being thereof convicted in any couit of record
within the same county, shall forfeit and pay a fine not exceeding one
hundred [)Ounds nor less than ten pounds, two thirds thereof for the use
of this government, and the other third to him or her that shall inform
and sue for the same : 2^rovided, nevertlieh'ss, such importer or con-
signee be licenced or permitted, then he shall be held only to report the
same to the collector of excise, and at the end of the year shall make
out an account exi)ressing the kind and full quantity of the liquors
aforesaid, imported or consigned as afbi-esaid ; and when the account
is rendei-ed to the collector or his deputy, it shall be upon oath, and
such importer or consignee shall pay to the said collector or his deputy,
on the liquor or liquors mentioned in said account, the duty of excise
aforesaid, deducting ten per cent for ordinary leakage, l)esides exti'aor-
dinary ; and in case of failure therein, the otlender shall pay a fine of
four pounds, and ti-el)lc duty or excise on the (juantity so imported or
bi'ouglit in, two thirds of which shall be for the use of the province,
the other thiid lor him or them who shall inform and sue for the same.
• Parchment mutilated.

[3d Sess.] Province Laws.— 17G5-GG. 849

A)td be it further euacteil,

[Sect. 33.] That the collector, or his deputy, .shall be and hereby is CoiUcton. i<>
obliged to grant a permit, under his hand, to every person applying for uTrinnaiiy"'''''
the same and ottering security, on the penalty of two hundred pounds,
to aud for the u.se of the person making application ; which i»ermit sliall
be in the form following ; viz^''., —

Yon, A. B., of C, in the county of D., are horohy permitted to sell rum Form of ihe
and other distilled .spirits, and wine, or any of .said liquors, witiiiu the oouiitv p<'niiif.
of , untill the day of , one tliousand seven

Imndred and , pursuant to an act of tins province, madf in th(^

sixth year of his majesty's reign, iutit[«]led '-An Act for graiiliiij; unto Ins
majesty an excise upon spirits distilled, and wine, aud upon liuii-s. Iimuuious
and oranges." Dated at C., the day of ,170 .

A. 13., Collector (or (Iepuli/-collector) of excise for the county a/oresaiil.

And for such permit the said collector or deput}- .shall be[i][r]nti- F.t f..i a i)or.
t[?<]led to receive twopence, and no more ; aud the like sum for an "'"'
entry made with him, and the like sum for a certilicate given by him.

And be it further enacted,

[Sect. 34.] That the collector of excise, either by himself or his c.iuitorto
de[)uty, shall keej) an office in each seaport town witiiin his county. |!.',*./,'",I;,p,''r"" '"
whei'[e*] he or his deputy shall give his attendance on every Thiu'sday. town.&o.
from nine of the clock in the morning to twelve at noon, to grant |)er-
mils, to receive entries, give certificates, and perform the ordinar}- duties
of his office.

Provided, —

[Sect. 3').] That in the town of Boston such an office shall be ki'pt
and attendance given on every daj", Lord's Day onl}" excepted, within
the hours aforesaid of each of said daj's respectivel}'.

Provided, also,—

[Sect. 3G.] That the said collector, or his deputy, on application
made, shall at any other time grant permits, receive entries and give
certificates aforesaid.

And ivhereas persons not belonging to this province may import the rreambie.
liquors aforesaid, and take permit to dispose of the same, and may go
out of the province befoie the time comes about when persons selling
said liquors are held to account with the collector, and by that means
may avoid i)ayiug the duty upon what has been so disposed of; for
preventing w hereof, —

Be it enacted,

TSect. 37.1 That cverv person importing the liquors aforesfa /(/*]. Persons import-

1 1 • ,, II A I ■ ^ ^ .' -i 1 11 »i iiiif liquors n«

and applying to the collector or his deputy for a permit to sell tlie same, afortiii.i. to
shall give bond to said collector in a sum not exceeding two hundivd K'Vfbona.
pounds nor less than twenty iK)unds. witii one surety to be approved of
liy a justice of the peace, that he will render to the said collcctoi- or his
deputy an account, on oath, of the kind and full <iuantity of the liquors
aforesaid sold by him. or by any person or persons on his behalf, and
that he will pay thereon the duty or excise aforesaid before In' leaves
the province; and if such person shall refuse to give such bond, the
said collector or his deputy shall not be obliged to grant him a |>ermit.
anything in this act to the contrary notwitiistanding ; and if such i»er.son
shall sell any of the liquors aforesaid witiiout permit, he shall I>e sub-
ject to all the i)enalties that other persons selling without permit are
subject to; or if such person shall give liond as aforesaid, and shall
leave the province before such bond be discharged, the collector m.iy
bring his action on such bond against the surety, for the recovery of the
sum in such bond mentioned, which shall bo, one-third for the use of
the pnwecntor, the other two-thirds for the use of this government.

* Parchment mutilated.

850

Province Laws.— 1765-66. [Chap. 29.]

Deputy collec-
tors liable to
military duties.

All persons
who had per-
mits or license
to sell liquors,
and shall not
renew the same,
to account for
the duties.

Collectors of the
duties of excise
to account for
all wine, &c.,
sold or con-
sumed by them.

Dow fines, &c.,
arising by this
act, are to be
disposed of.

Be it further enacted^

[Sect. 38.] That no person shall be exempted \_from a*']\\\ mili-
tavv duty b}' means or on account of his being appointed a deputy-col-
lector of the duties or [c.rc/*]se of spirituous liquors, but shall be
lial)le, to all intents and purposes, to train, and perform everv other
militaiy duty, as if such person had not been appointed a deputj'-col-
lector as aforesaid.

Be it farther enacted,

[Sect. 39.] That all persons who took out permits in the ])receeding
years, and do not renew the same, shall, at the end of the j'ear from
and after the twenty-fifth day of March next, and until[l] the twent}'-
sixth day of March, one thousand seven hundred and sixt^'-seven,
render to the collector or his deputy that shall or ma}' be appointed in
the respective counties by v[i][e]rtue of this act, an account, on oath,
of all the liquors remaining in their hands and consumed in his, her or
their families during the continuance of this act, and pay the duties
herein imposed, deducting ten per cent for ordinary leakage, besides
cxtraordinaiy leakage, upon penalty of twentv pounds, one half to the
informer, [a?td] the other half to and for the use of this province.

Be it further enacted,

[Sect. 40.] That ever_y person that may be appointed collector of
the duties aforesaid, who shall im[)ort into this province, or shall have
[oi'] i'eceive[d], !)}• consignment or otherwise, or sliall sell or dispo.se
of any wine, rum or spirits distilled, limes, lem[m]ons or oranges, or
shall use or consume the same, such collector shall take, keep and
render a like account thereof, upon oath, to the province treasuivr (who
is hereb}' impowered to administer the same in tlic form by this act
prescribed), and pa}' to him tlie like duties thereon as sucli person so
a[)pointed collector would otherwise have been held and obliged to
have taken, kept, rendered and paid to the collector of the duties afore-
said ; and that the same be done in like manner and time, and under
the like pains and penalties, as by this act in such cases is provided.

Be it further enacted,

[Sect. 41.] That all fines, penalties and foi'feiturcs arising or ac-
cruing by an}' breach of this act, and not otherwise ai)i)ropriated, shall
be two thii'ds to his majesty, for the u.sc of this government, and tho
other third for the use of the pi'osecutor, to be recovered by action or
informatiou iu any of his majesty's courts of record. [Passed Februarif
21,17GG.

CHAPTER 2 9.

[AN ACT FOR*] GRANTING UNTO IILS MA.IESTY SEVKUAL RATES AND
DUTIES OF IMPOST AND TUNNAGE OF SIIiri'ING.

Preamble. ^^'^^i I'i^ majesty's most dutiful and loyal subjects, the representatives

of the province of the Massachusetts Bay, in New England. In'iug
desirous of lessening the pui)lick debts, liave eheailully and unani-
mously given and granted, and tlo give and grant, to his most excellent
niajesly, for the service of this province, as they sluill hereafter ajiply
it, the several duties of impost upon all li(iuors, wares, goods and nier-
chundizc that shall be imported into this province, and tnnnage of ship-
ping hereafter mentioned ; and pray that it may be enacted, —

yhid be it accordinyly enacted bi/ the (iovernor, Council and House
of Representidires,

[Sect. 1.] That from and after the twenty-fourth day of March,

• rarchiiiciit iiHitilatod.

[3d Sess.]

Province Laws.— 1765-GG.

851

one thousand seven hundred and sixty-six, to the twenty-fifth day of
March, one thousand seven Ijundiod and sixty-seven, there shall be
paid by the iui[)oiters of all wines, ruin uud other litjuors, goods, wares
and merchandize that shall be imported into ibis province by any of
the inhabitants thereof (excei)t what is l)y this act hc*-tafter exempted),
the several duties of impost following; viz'".,

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

For every hogshead of rum, containing one hundred gallons, sixteen
shillings.

For ever\' hogshead of sugar, fourpenee.

For every hogshead of molasses, fourpenee.

For every hogshead of tobacco, ten shillings.

For every poimd of tea that shall be imported from any of his
majest3's plantations in America, fourpenee.
— And so, proporlionably, for a greater or less quantity.

And for all other connnodities, goods or merchandize not mentioned
or not excepted, fourpenee for every twent}- shillings' value, excepting
such goods as are imported from Great Britain.

[.Sect. 2.] And for any of the above-mentioned liquors, goods,
wares and merchandize that shall be imported into this province by any
of the inhabitants of the other provinces or colonies on this continent,
or of the English West-India Islands, in any shi[) or vessel to them be-
longing, on the proper account of any of the said inhabitants of said
provinces, colonies or islands, there shall be paid by the importers
double the impost laid l)y this act: jxrovided, always, that evei-y thing
which is the gi'owth or produce of the provinces or colonies aforesaid
(tobacco exce[)tod). and all provisions, salt, cotton-wool. l)ar and pig-
iron, mahog[a] [o]ny, brazillot[^]o, black-walnut, ligiium-vit[ee][fr],
red-cedar, logwood, hem[). raw skins and hides, and also all prize
goods brought into and condemned in this province, are and shall l)c
exem[)ted from ever}- the rates and duties aforesaid.

And be it further enacted,

[Sect. 3.] That the master of every ship or vessel coming into this
province from any other place, shall, within forty-eight hours after his
arrival in any port or harbour, and before l)ulk is liroken, make re[)ort
and deliver a manifest, in writing, under his hand, to the commissioner
of impost that is or shall be ai)pointed by this i)rovince, of the contents
or loading of such shi|) or vessel, therein particularly expressing the
species, kind and quantities of all wines, liquors, goods, wares and mer-
chandize imported in any such ship or vessel, with the marks and num-
bers thereof, and to whom the same are consigned ; and make oath
before the commissioner that the same manifest contains a just and true
ac#)unt of all the lading taken on board and imported in such ship or
vessel, so far as he knows or believes ; and that if he knows of an}-
more wines, liquors, goods, wares or merchandize laden on boanl such
ship or vessel, and imported therein, he shall forthwith make report
thereof to the commissioner aforesaid, and cause the same to be added
to his manifest.
, And be it further enacted,

[Sect. 4,] That if the master of any ship or vessel shall break hulk,
or sufTer any of the wines, liquors, goods, wares and merchandize im-
ported in such shij) or vessel to be unla<len before report and entry
thereof be made as aforesaid, he shall forfeit the sum of one lunidred
pounds.

And be it further enacted,

[Sect. ;').] That all merchants and other ixjrsons, being owners of
any wines, litjuors, goods, wares or merchandize imported into this
• Parchment mutilated.

Ratn oflmpoML

Double Impost
lo bf piiid for
ITooiIh ininurteU
by ilic liiliab-
itnnts of utbor
culunk'8, &c.

Proviso.

Mantoro of ve«-
bcIh to in.ikc
report.

To forfeit. Ill
c.-iiu- »r bri-:iklng
bulk.

Invoice to bo
pmUuccx).

Province Laws.— 1765-66. [Chap. 20.]

province, for which any of tlie rales or duties aforesaid are payable, or
having the same consigned to them, shall make entry thereof with \^the
covimission*2GV aforesaid, and produce an invoice of all such goods as
pay ad valorem, and make oath [^before him /«*] the form following ;

Oatli.

DuUi s to be
pakl bel'oie
laiuliiii'.

Comniissionor
iilluwi'd lu give
credit.

[F*]ou, A. B.. do swear that the entry of goods and merchandize hy you
now made, and the value [_thcre(i*'\i annexed, is, bond Ji'le, according to your
best skill and judgment, agre[e]iil)le to the price current or [//<*]e market
price of said goods. So help you God.

— which oath the commissioner or receiver, appointed in consequence
of this act, is hereby [e] [<]mpovvcred and directed to administer; and
the owners afoiesaid shall pay the said commissioner, oi- gi-ve security
to pay, the duty of impost b}' this act required, befwre such wines,
liquors, goods, wares or merchandize be landed or taken out of the ves-
sel in which the same shall be imported.

[Sect. 6.] And no wines, liquors, goods, wares or merchandize
that by this act are liable to pay impost or duty, shall be landed on any
wharf, or in an}' warehouse or other place, but in the daytime only, and
that after sunrise and before sunset, unless in the presence or with the
consent of the commissioner or receiver, on pain of forfeiting all such
wines, liquors, goods, wares and merchandize, and the lighter, boat or
Aessel out of which the same shall be landed or put into any warehouse
or other place.

[Sect. 7.] And if an}' person or persons shall not have and pro-
duce an invoice of the quantities of rum or other liquors to him or them
consigned, then the cask[s] wherein the same are, shall be gauged, at
the charge of the imi)orter, that the contents thereof may be known.
Provided, nevertheless, —

[Sect. 8.] That the said commissioner shall be and hereby is al-
lowed to give crcilit to such person or persons whose duty of impost
in one vessel shall not exceed six pounds ; which ci'edit shall be so
limited as that he shall settle and ballance his accompts with every per-
son, on or before the twenty-fifth day of March, one thousand seven
hundi'ed and sixty-seven, that the said accompts may be pi'oduced to
this court as soon as maybe after; and lor all ent[(']rios wiierc the
impost to be paid doth not exceed three shillings, the said connnissioner
sliall not demand anything, and not more than sixpence for any other
single entry to what value soever.
And be it further enacted,
impoiterby [Sfxt. 9.] That the importer of all wines, liquors, gootls, wares and

InHtaii'vcsHcK moi-cliandize, from and after the twenty-fourth day of March, one th^u-
to nuiUe report." g-uni scveu huudrcd and sixty-six, and until the twenty-liflli day of
i\Iarch, one thousand seven hundred and sixty-seven, by laud-carriagc
oi' in small vessels or boats, shall, within twenty-four hours after impor-
tation, make report and deliver a manifest thereof to the connnissioner
aforesaid or his dei)uty, therein particularly expressing the si)ecies.
kind and quantity of all such wines, fniuors, goods, wares and merchan-
dize so im[)orted, with tlie marks and numlicrs thereof, when, how and*
by whom brought ; and shall make oath, before tiie said connnissioner or
his deputy, to the truth of such re[H)rt and manilV'st. and shall also pay
or secure to be paid the several duties aforesaiil l)y this act < hargeil
and chargeal)lc upon such wines, licjuors, goods, wares and merchan-
dize, before the same are landed, housed, or put into any store or place
whatsoever, nndi'r penalty often poinids.
Aiid be it farthrr enacted,
Aiiownnce for [Sect. 10.] 'J'liat every nu>rc-liant oi' othei' person impoi-ling any

Icukiigu.

* rar.liiiR'Ul iiiulilatcil.

[3d Sivss.J

rRoviN'cic Laws. — ITOo-GG.

8o3

wines into this province, shall be allowed twelve jmt cent for onliiiary
leakage, besides exlraordinary : provided sucli wini'ssiiall not iiave been
tilled uf) on board ; and that every liogslR-ad, butt or pipe of wine that
lia[s][/'//] two-lliii-ds Ihcreof leaked out. shall be accounted for outs,
and the nierchanl or in)porler shall pay no duty Ibr the same. And no
master of any ship or vessel sliall snilcr any wines to bo filled up on
board without giving a cerlilicato of the quantity so tilled up. under
his hand, i)efore the landing thereof, to the commissioner or receiver of
impost for that port, on i)ain of forfeiting the sum of one ■huiidrcd
l)Ounds.

[SixT. 11.] And if it may be made to appear that any wines im-
ported in any ship or vessel be decayed at the time of unloading there-
of, or in twenty days afterwards, oath being made before the commis-
sioner or receiver that the same has not been landed above that time,
the duties and impost paid for such wines shall be repaid unto the im-
porter thereof.

And be it further enacted^

[Sect. 12.] That the master of every ship or vessel importing any
liquors, wines, goods, wares or merchandize, shall be liable to pay the
impost for such and so much thereof, contained in his manifest, as shall
not be duly entered, and the dut}- paid for the same b}- the person or
persons to whom such wines, liquors, goods, wares or merchandize are
or shall be consigned. And it shall [and][o;-] may be lawful, for the
master of every ship or other vessel, to secure and detain in his hands,
at the owner's risque, all such wines, liquors, goods, wares and mer-
chandize, imported in an}- ship or vessel, until he receives a certificate,
from the commissioner or receiver of impost, that the duty for the same
is paid, and until he be repaid his necessary' charges in securing the
same ; or such master may deliver such wines, liquors, goods, wares
and merchandize as are not entered, unto the commissioner or receiver
of impost in such port, or his order, who is hereby [e][/]mpowered
and directed to receive and keep the same, at the owner's risque, until
the impost thereof, with the charges, be paid or secured to be paiil ;
and then to deliver such wines, liquors, goods, wares or merchandize
as such master shall direct.

\_And be*'\ it further enacted^

[Sect. 13.] That the commissioner or receiver of impost, in each
[port, shall be onfP][is] hereby \_is] [e] [/]rapowered to sue the master
of any ship or vessel for the impost or duty of so [m«c/i rf the /(u//*]ng
of any wines, liquors, goods, wares or merchandize imported therein
according to the \_manifeiit to be*'\ by him given upon oath, aforesaid,
as shall remain not entered, and the duty of impost therefor \_nfit yi*]aid,
or secured to be paid. And where any goods, wares or merchandize
are such that the value thereof is not known, whereby the impost to be
recovered of the master, for the same, cannot be ascertained, the owner
or person to whom such goods, wares or merchandize are or shall hi:
consigned, shall be summoned to appear as an evidence at the court
where such suit for the impost and the duty thereof shall be brought,
and be there required to make oath to the value of such goods, wares
or merchandize.

And be it further enacted^

[Sect. 14.] That the ship or vessel, with her tackle, apparel and
furniture, the master of which shall make default in anything by this
act required to be performed by him, shall be liable to answer and make
good the sum or sums forfeited by such master, acconling to this act,
for any such default, as also to make good the impost or <luty for all
wines, liquors, goods, wares and merchantlize not entered as aforesaid,

• rarclimoiit iiiutilaled.

Master allowed
tu ilc'tnlit p)0(1h
not I'litcrcJ or
tlic duty nol
paid.

Ma«tor liable lo
be sued.

81ilp. Sic, llalilc
to be taken in
execution.

854

Peovince Laws. — 1TG5-G6.

[Chap. -20 ]

Naval officer
not to clear
vessels till im-
post be paid.

Bills of store to
be allowed.

Preamble.

Commissioner
to appuiiil dep-
uties in places
where wines-,
rum, &c., may
be brouslit out
of other govern.
ments.

ConimUfiloner
or deputy em-
powered to nd-
miniKtci' the
oatlis, mid to
search and
seize.

or for which the duty of impost has not been paid ; and upon judgment
recovered against such master, the said ship or vessel, with so much of
the tackle or appurtenances thereof as sliali be sufficient to satisfj' tlic
said judgment, maj- be taken b^' execution for the same ; and the com-
missioner or receiver of the impost is hereby [e][/]mpowered to make
seizure of tlie said ship or vessel, and detain the same under seizure
until judgment be given in an}' suit to be commenced and prosecuted
for any of the said forfeitures or for the duty aforesaid ; to the intent,
that if Judgment be rendered for the prosecutor or informer, such ship
or vessel and appurtenances ma}- be exposed to sale, for satisfaction
thereof, as is before provided : imless the owners, or some on their
behalf, for the releasing of such ship or vessel from under seizure or
restraint, shall give sufficient security to the commissioner or receiver of
impost that seized the same, to respond or satisfy the sum or value
of the forfeitures and duties, with the charges, that shall be recovered
against the master thereof, upon such suit to be brought for the same,
as aforesaid ; and the master occasioning such loss or damage unto the
owners, through his default or neglect, shall be liable uuto their action
for the same.

A7id be it further enacted,

[Sect. 15.] That the naval officer within any of the ports of this
province shall not clear or give passes to any master of any ship or ves-
sel, outwai'd bound, until he shall be certified, by the commissioner or
receiver of impost, that the dut}' and impost for the goods last imported
in such ship or vessel are paid or secured to be paid.

[Sect. 16.] And the commissioner or receiver of impost is hereby
[e][i]mpowered to allow bills of store to the master of any ship or
vessel importing any wines or liquors, for such private adventures as
shall belong to the master or seamen of such ship or vessel, at the dis-
cretion of the commissioner or receiver, not exceeding three per cent
of the lading ; and the duties payable by this act for suc-h wines or
liquors, in such bills of stores mentioned and expressed, shall be abated.

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

Be it e)tacted,

[Sect. 17.] That the commissioner and receiver of the aforesaid
duties of impost shall, and he is hereby [c][(*]m powered and enjoined
to, appoint one or more suitable person or poisons as his deputy or dep-
uties, in all such places of this province where it is likely that wine,
luin or other distilled spirits will be brought out of other governments
into this ; which officers shall have power to seize the same, unless the
owner shall make it appear that the duty of impost has been paid there-
for since their being brought into or relanded in this government; and
such officer or officers are [e][?']mpowercd also to search, in all sus-
pected places, for such wines, rum or other distilled spirits, or for tea,
brought or relanded in this government, where the duty is not paid as
aforesaid, and to seize or secure the same for the ends and uses as in
this act is hereafter provided.

And be it further enacted,

[Sect. IH.] 'I'hat the commissioner or his deputies shall have power
to administer the several oaths aforesaid, and search in all suspected
l)lace3 for all sueli wines, rum, liquors, tea, goods, wares and merchan-
dize as are brought into this province, and landed contrary to the true
intent and meaning of this act, and to seize the same for the uses here-
inafter mentioned.

[3d Sess.]

PiiOViN-ci!: Laws. — 1T05-G6.

855

[^-ln(i*] he it farther enacted.,

[Sect. I'J.] 'riiat there shall be paid, by the ina.sler of every ship
or otlier vessel, [comincf into*^ an}- port or ports of this province, to
trade or tranie[A], whereof all the owners are not belon<^in<^ to this
province [(e.i;*]cepting such vessels as belong to Great Britain, the
provinces or colonies of rennsylvania. West and P>ast Jersey, Con-
necticut, New York, New Hampshire, Khode Island and Nova Seotia),
every vo3agc such ship or vessel doth make, one pound of good pistol-
powder for every ton such ship or vessel is in burthen: savinrj for that
part which is owned in Great Britain, this province, or any of the gov-
ernments aforesaid, which are hereby exempted ; to be \n\n\ unto the
coimuissioner or receiver of the duties of impost, and to l)e employed
for the ends and uses aforesaid.

[Skct. 20.] And the said commissioner is hereby [e][/"]m])owered
to appoint a meet and suitable person, to repair unto and on itoard any
ship or vessel, to take the exact measure and tunnage thereof, in case
he shall sus[)ect the register of such ship or vessel doth not express
and set forth the full burthen of the same ; the charge thereof to be
paid by the owner or master of such ship or vessel, before she shall be
cleared, in case she shall api)car to be of greater burthen : otherwise,
to be paid b}- the commissioner out of the money received by him for
impost, and shall be allowed him, accordingly, b}- the treasurer in his
accompts. And the naval oflicer shall not clear any vessel, until he be
certified, also. In* the commissioner, that the duty of tunnage for the
same is paid, or that it is such a vessel for which none is pa3able
according to this act.

And he it farther enacted.^

[Sect. 21.] That when and so often as any wine, rum or tea im-
ported into this province, the aforesaid duty of impost ui)on which shall
have been paid agre[e]able to this act, shall be rcshipped and exported
from this government to any other part of the world, that then and in
every such case, the exporter of such wines or rum or tea sliall make
oath at the time of the shipping, before the receiver of impost, or his
dcput}', that the whole of the wine or rum or tea so shipped has, hond
fide, had the duty of impost aforesaid paid on the same, and shall after-
[fwards produce a certificate, from some officer of the customs, that
the same has been landed out of this government, or the master of the
vessel in which the same shall be exported shall make oath, before the
commissioner or his deputy, that the same has been landed and left in
some port out of the government, and the exporter, upon producing
such certificate, or upon such oath of the master, make oath that he
verily believes no part of said wines, rum or tea hath been relanded in
this "province, — such exporter shall be allowed a drawback from the
receiver of impost as follows ; viz., —

For every pipe of wine, four shillings.

For every hogshead of rum, fifteen shillings.

And for every pound of tea, fourpence.

Provided, always, —

[Sect. 22.] That if, after the shipping of such wines or rum or tea,
to be exijorted as aforesaid, and giving security as aforesaid, in order
to obtain the drawback aforesaid, the wines or rum or tea so shipped to
be exported, or any part thereof, shall be relanded in this province, or
brought into the same from any other province or colony, that then all
such wine, rum and tea so relanded and brought again into this prov-
ince, shall be forfeited, and may be seized by the commissioner afore-
said, or his deputy.

* Parchment mutilatwl.

t The words, in brackets, between the daggers, have been cut from the parchment.

Tonniigt' of
i)liipi>iii|{.

Vc'KHi-U lo be
inc:iHUr»-<l, if
BU»pcclcd.

Drawback for
wiiic, rum, nnd
tea iillowc-cl, in

Pror!»o.

856

Piiovi^'CE Laws. — 1765-66.

[Chap. 29.]

Appointment
and duty of the
commissioner.

Disposition of
foH'oituix'M.

CliiifKfB of proB-
i'(tuli(in, liow to
be paid, in ciisc.

And be it further enacted,

[Sect. 23.] That there be one fit person, and no more, nominated
and appointed b}' this court, as a commissioner antl receiver of tho albr(!-
said duties of impost and tunnage of shipping, and for the inspection,
care and management of the said office, and whatever relates thei'eunto,
to receive commission from the governor or commandei'-in-chief lor the
time being, with autlioilty to substitute and appoint a dcput}"- receiver
in each port, or otlier places besides that in which he resides, and to
grant warrants to such deputy-receivers for the said place, and to col-
lect and receive the impost and tunnage of shipping, as aforesaid, that
shall become due within such poi't, and to render the account Ihei'eof,
and to jja}- in the same, to the said commissioner and receiver : which
said commissioner and receiver shall keep fair books of all entries and
duties arising by virtue of this act ; also, a particular account of every
vessel, so that the duties of impost and tunnage arising on said vessel
ma}- appear ; and the same to lie open, at all seasonable times, to the
view and perusal of the treasurer or receiver-general of this i)rovince
(or anv other person or persons whoin this court shall appoint), with
whom he shall account for all collections and i)ayments, and pay all
such monies as shall be in his ht]ands, as the treasurer or receiver-gen-
eral shall demand it. And the said com[»im/o»*]er or receiver and
his deputy or deputies, before their entering upon the execution [o/*]
their said office, shall be sworn to deal truly and faithfully therein, and
shall attend in said office from ten of tlie clock in the ibrenoou, until
one in the afternoon.

[Sect. 24.] And the said commissioner or receiver, for his labour,
cai-e and expcuces in the said office, shall have and receive, out of the
province treasury, at the I'ate of sixty pounds per annum ; and his
deputy or deputies shall receive for their service such sums as the com-
missioner of impost, together with the pi'ovince treasui'er, shall judge
necessary-, for whatever sums the}- shall i-eceive and i)ay ; and the ti'cas-
ui'er is hereb}' ordered, in passing and receiving the said commissioner's
accounts, accordingly, to allow the payment[s] of such salary or sala-
ries as aforesaid, to himself and his deputies.

And be it farther enacted,

[Sect. 25.] That all penalties, fines and forfeitures accruing or
arising in consequence of any breach of this act, shall be one half to
his majesty for the use of this province, and the other half to him or
them tliat shall seize, inform and sue for the same, by action or infoi--
mation, in any of his majesty's courts of record, wherein no cssoign.
protection or wager of law shall be allowed ; the whole chai-ge of the
pi-osecution to be taken out of the half belonging to the informer.

And be it further enacted,

[SiccT. 26.] That from and after the commencement of this act, in
all causes wherein any claimant shall appear, and shall not make good
the claim, the charges of pi-osecution shall be borne and paid by the
said claimer, and not by the informer. [Passed February 21, 1700.

t Tlio words, in brackets, between the daggers have been cut from the parchment.
• Parchment miitilutud.

[3d Sess.J PiioviNcE Laws. — 17G5-GG. y;j7

CHAPTEK :U).

r.l.V»] ACT FOR AMENDING OF AN ACT MADE IN THE FIFTH YEAR
OF HIS PRESENT MAJESTY'S REIGN, INTITULED "AN ACT TO [I'llK-
VENT THE DESTRUCTION 0»]F SAI MON AND OTHER FISH, IN MER-
RIMACK RIVER, WITHIN THIS I'ROVINCE."

AVuKUEAS, in and by an act iiititlinl "An Act to prevent the dcsfnic- pn.nmMc-.
tion of salmon anil other fisli [/*]n Merrimack Kiver. witiiin this prov- nw-c.-). cimji.
iiice," which act was to lake place from and after the lil\eentli day of
March. 17(>.3, it is, among other things, enacted "That no person or
l)ersons. from and after the said fifteenth day of iVIarch, shall, at any
time dnring the continuance of this act, catch any salmon, shad or ale-
wives, with seines, netts or potts, at the mouth or entrance of any such
river or stream, or within one hundred rods of the same, nor in ai\y of
the i)onds aforesaid, nor in any of the brooks or riv[u]lets that run into
the said ponds, on pain of forfeiting, for each otience, the sum of three
pounds " ; which distance of one hundred rods is found, b}' experience,
to be ver}' prejudicial to the inhabitants dwelling near Merrimack
River, and does not tend to the preservation and increase of said fish ;
therefore, —

Be it enacted hy the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the prohibition to take fish, within one hundred I'laccs and <ii«.
rods in said act mentioned, shall hereafter extend only to the fishing d!."crib'ed!'''''"*'
within twenty rods; and that by " the rivers and streams " run[/t]ing
'• into Merrimack Rivei." Concord River excepted, shall be construeil
and imderstood only such as issue out of ponds where the fish nsualh-
go to cast their spawns.

And rchereos no person or persons whatsoever, are, by the said act, rrcamuie.
allowed to catch such fish " in any part of Merrimack River within this
province, or in any of the rivers and streams run[//]ing into Merrimack
River, oftner than [^*]hree days in the week, the days to be Tuesday,
Wednesday and Thursday, ever}' week," —

Be it further enacted,

[Sect. 2.] That the time to begin the fishery shall commence at Time for lUhing,
sunset, [o?i J/i3u*]day evening, and end at sunset, on Thursday even-
ing, ever}- week.

[Sect. 3.] This act to continue and be in force for the space of Cominuation.
two years from the publication of the act aforesaid, and no longer.
[Passed February 21, 17GG.

CHAPTEK 31.

AN ACT FOR Dn'IDING THE DISTRICT OF SOUTH BRIMFIELD, IN THE
COUNTY OF HAMPSHIRE, INTO TWO SEPARATE PARISHES.

Whereas the dividing the district of South Brimfield. in the county rnambic.
of [//a»i/)s/<//-*]e, into two parishes, would serve very much to removir
many difficulties and inconveniences which tiie inhal>i[/'/Hr Js of the
said district at present labour under, —

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

[Sect. 1.] That the district of South Brimfield aforesaid be divided ,',^;;';!;|;,"|[J,^^'
into two separate parishes, in manner following; viz'"., the tlividing in !v.uiii lirim.

* ParchmeDt mutilated.

858

PROVINCE Laws.— 17G5-G6. [Chap. 32.J

Wc'8t piirish
extinptcd from
p.iviii!» towards
building the
mccting-liouse
in cast parish.

Annual meet-
ings to bo held
alternately.

First mooting of
eacli parisli,
how notified.

line shall l)e made b}- the road called the South Meadow road, begin-
[?i]ing at the colony line where said road crosses the said line, and to
extend nortliward, in said road, to the north line of said district, or to
Brimfield south line (including and taking into the west division, Joseph
Blodget and Joseph Blodget, jun'r, and their home lots, thej- living
on the east side of said road) ; and that the lands lying in the said dis-
trict of Soutli Bri-mfield, westward of the above dividing line, be and
hereby- are made a parish, by the name of tlie west parish, in the dis-
trict of South Brimlicld aforesaid ; and that the inhabitants westward
of the said dividing line above described be and hereby are invested
with all the powers and privile[d]ges, and subjected to all tlie duties,
that parishes in this province, bj* law, are invested witli and subjected
to; and that the lands lying in said district of South Brimfield, east-
ward of the above dividing hne, be and hereby are made a se))arate
parish, by the name of the east parish, in the district of South Brim-
field ; and that the inhabitants of the said lands, eastward of the said
dividing line above described, be and hereb}' are invested with nil llie
powers and privile[d]ges, and subjected to all the duties, that parishes
in this province, by law, are invested with and subjected to.

And be it furtJier enacted,

[Sect. 2.] That all the inhabitants of the lands which, by this
act, are made the west parish, be and hereby are, and shall forever
hereafter be, exempted from paying or conivi[b uting*^ any part toward
the charges that have already arisen, or may hereaitcr arise, by reason
of the building the new [_meeting*^-house, which has lately been
erected on the lands, b}' this act, made the east parish, in said district,
and from the \_cJiarge o/*] settling and supporting the ministry in the
said east parish.

And be it farther enacted,

[Skct. 3.] That the annual March meetings, to be \_held in*'] said
district, for the future, shall be alternatel}' held in the said east and
west pai'ishcs.

And be it farther enacted,

[Sect. 4.] That Daniel Burt, Esqi^'^ , be and hereby is [iH)p*]owered
to issue warrants, directed to some principal inhabitant of each parish,
requiring tliem to warn the inhabitants [o/ 6'*]aid parishes, qualKied to
vote in parish allairs, to meet at such lime and place as shall be therein
set forth, to choose all [6'*]uch ofliccrs as shall be necessary to manage
the affairs of said parishes. [PassecZ Febraanj 21, 17GG.

CHAPTER 32.

I'rcnmble.
l"Cl-62, chap.

au.

AN ACT FOR FURTHER LIMITING THE OPERATION OF AN ACT MADE
IN THE SECOND YEAR OF HIS PRKSENT [MAJKST*]\'S REIGN,
INTIT[U]LED "AN ACT FOR GRANTING SEVERAL BOUNTIES UPON
WHEAT AND FLOUR."

Whereas tlie act iutit [ujled " An Act for granting several bounties
u[)on wheat and Hour," made and passed in the second year of bis
present majesty's reign, was, in the enacting thereof. declared to be in
force for the term of five years, from the first day of July, one thou-
sand seven hundred and sixty-three ; but inasmuch as the said act hath
been, by experience, found to be une(iual, and not to have answered
the good iiltent thereol", —

• Parchment mutilated.

[3d Sess.] Province Laws.— 17G5-GG. 859

Be it therefore enacted hy the Governor^ Council and House of
Representatives^

That the act aforesaid shall continue and remain in force for the Continuanc.! of
term of four years, only, from the said first day of July, one thousand limucar'"'"'^
seven hundred and sixty-three, and no longer, and that every clause
and i)aragi'a[)h thereof shall then e.\i)iie and cease ; and that no bounty
shall be paid, by virtue of [the] said act, upon any wheat that shall be
sowed allcr the twentieth day of April, tliis present year, que thousand
seven hundred and sixty-six, or upon any flour that shall be made of
wheat, sowed after the said twentieth day of A[)ril, anything in the act
aforesaid to the contrary notwithstanding. \_Passed February 21,1 7GG.

CHAPTEK 33.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS THAT ARE
EXPIRED, AND NEAR EXPIRING.

Whereas the several acts hereinafter mentioned, which arc now ex- acu coniiuucO.
pired or \_near e.(7)i*]ring, have been found useful and beneficial;
viz"^'^., one act made in the twenty-eighth year of his late majesty King
\_GQorge <*]he ISecond, intitulcil "An Act to prevent damage being Act to prevent
done on the beach, humocks and meadows belonging to the town of sdtu'ato'i.uaph.
[5tv7*]uate, lying between the southerly end of the Third Clilf, so i'o5-jo, ch. u.
called, and the mouth of the North River ; " one act made in the first
year of his present majesty's reign, intit['(]lcd "An Act further im- Courts of sfs-
powering the courts of general sessions of the peace, in this province, n^JI^^eg '''™"
to grant liccn[s] [f]es in certain cases, and thereby to prevent un- i"6i-<2, ch. 14.
necessary petitions to the general court; " two acts made in the fourth
year of the same reign, one intit[u]lcd "An Act to enable the col- Coiiector«of
lectors of taxes, in the town of lioston, to sue for and recover the {own "f Boston,
rates and taxes given them to collect in certain cases;" the other, fl",po"''^'"ed.
intituled "An Act in further addition to the acts or laws of this c'omnu'n''ficid8
province, relating to common fields, to extend onl_y to the county of e„"//,'y'r^.''l^':
Ilampshire ; " one act made in the fifth year of the same reign, in- laiea.
tit[«]led "An Agt for preventing the unnecessary destruction of jj^^lVrn'tLnlTf
alewives, and other fish, within this province," — rol^rch z\

Be it therefore enacted by the Governor, Council and Ilottse of '
Representatives,,

Tliat such of the beforementioned acts as are expired, be revived, Coniinuaii..n.
and such of the said acts as are not yet expired, be continued, with
all and everv article, clause, matter and thing therein respectively con-
tained, and shall be in force until the first day of July, one thousand
seven hundred and sevent}', and no longer. \_Passed February 21, 17GG.

Notes. — All the act3 of this year were printed: chapter 18. separately; and the
engrossments of all tlio acts are preserved, except of tho first ton (•liai>ters, and
chapters 14, 18, 19, 20, '21, 'J2, and a jirivate act, the title of which is as follows:—

" An Act impowcrinc; Peter Ilalict to make and execute a Deed of Exchange with
Steplien Hallet of certain Lands lying in Yarmouth in tlio County of Barnstable."
— \ Passed June 12; publiyltril June 2.">, 1705.

Tiie acts of tlic first session were certified for transmissfr)n, July 10, 17(55. They
were delivered to the clerk of the Privy Council, in waiting, .Septemher 17, and
referred to the committee on plantation affairs, October 2, and, the next day,
referred, by them, to the Lords of Trade. They were received by the Lords of
Trade, October 8, read October 20, and immediately referred to Sir Matthew Lamb,
whose report, dated .Tunc.IlO, 17(^i, was read at tlie Hoard, February 0. 17r.7. Three
days later, the draught of a representation to the committee of tho Privy Coimcil,
on" plantation affairs, was ordered to be prepared. Tho report of April Ki, 17(17 (ride
infra), includes the acts of this session.

"The act3 of the second session were delivered to the clerk of the Privy Council,

* Parchment mutilated.

860 PROVINCE Laws. — 1765-06. [Xotes.]

in waiting, March 11, 176G; but no certificate for transmission lias been fonnd. Tliey
were referred, Mareli 21, to the committee on jilantatiou affairs, and, by them, on
the next day, to tlie Lords of Trade. They were received by the Lords of Trade,
March 27, and, on tlio IGtli of April, were read, and ordered to be sent to Sir
Mattliew Lamlj, for his opinion tliereon. On the 21ttli of October, ITOG, Sir Matthew
Lamb reported that lie hail no objection to any of them, in point of law. The report
of the Lords of Trade, of April lU, 17G7, includes the acts of this session. — See note
to chapter '_';>, post.

The acts of the third session were certified for transmission, March 20, 1760,
delivered to tlie clerk of the Privy Council, in waiting, Maj' 2!>, referred to the
committee on plantation affairs, June 18, and, by theni, referred to the Lords of
Trade on tlie 8tli of July. They were received by the Lords of Trade, August lo;
and were read, and ordered to l>e sent to Sir Matthew Lamb, for his opinion there-
upon, August oO, 17Gi;. Sir Matthew Lamb's report tipon the acts of this session is
dated February IG, 17(>7, and states that ho has no objection, in jioint of law. This
report was read, together with the acts of the third session, JSlarch 111, 17G7; but
nothing further ajipears to have been done with any of the acts of this j-ear.

Chap. 1. " The next transaction of this kind was concerning the appointment of
my Salary I acquainted Your Lordshi^is last year that an opposition wa.s made to
the usual grant to the Governor upon this principle, that as the Parliament was
about to tax the American Colonies, they ought also to pro\ide for the expence of
their Government This year the same Gentleman made the like objection to the
Grant to the Governor but with additional force that the Parliament /((vrZ actually
taxed the American Colonies and that private advices from London assured that it
was intended to pay the support of the Governments out of tin? jn-oduce of the
Parliamentary Tax. To this it was answered that supposing there was such an in-
tention, tlie Parliamentary Tax had not yet commenced and it would be at least a
year from that time before it brouglit in any money to the King's Treasury and
therefore it could be no argument for not supporting the Gov in the mean time.
Upon this the opponent withdrew his objection, owned he was too early in making
it and declared his intention of enforcing it next year. I expei't that before that
time the necessity of the Government at home taking into their hands the ajipoint-
ment of the Civil Lists of the American Governments will ijecome more and more
apparent."— (/ur. Bernard to Lords of Trade, July 8, 17G5: "Mass. Ba>i, D. T.,"
vol. 78, L. I., 84, in Public-Record Offlcc.

" Having received a letter from Francis Bernard Esq'"^ Your INFajesty's Gov"" of tl:e
Massachusetts Bay, wherein, amongst other matters, he acquaints us, that an oiv
position had been made in the General Court of that Province to the usual (J rant to
the Governor upon this principle, that as the Parliament had taxinl the American
Colonies they ought also to provide for the expence of their Government, which
though withdrawn at that time, was declared to lie intended to be iniorced the next
Year. Wc; lose no tiiiK; in representing this Transaction to Your Majesty, as stated
to us l)y lyp Bernard and at the same time humbly lay Ix-fore Your Majesty an Ex-
tract oi' so much of the Governor's letter as relates thereunto.

Upon this occasion both in justice to the merits of M'" Bernard and in consideration
of the advantages which we conceive would accrue to the public service from ren-
dering the Governors independent of the Legislature of the r('S|iective Colonies,
over which they are in command, wo liumlily submit it to Your Majesty, whether in
the present circumstances of Xho, Province of the Massachusetts Bay. it will not be
advisalile that suchatixtand permanent aii]K)intnicnt or salary should lie allowed
to Your Majesty's Goxernor thereof as shall be sullicieut for his support in the ex-
ecution of his Office, without the precarious Grant of the (Jeneral Court, by which
Provision his own situation may be rendered more respectable and independent and
ho be Ix^tter enabled to carry into execution any future Measures for Your Majesty's
&crx\vAi."— Representation of the Lords of Trade, to the King, t>cpt. 27, 17G5: ibid.,
vol. 8G, p. liiO. ,

Chap. 2. " T hav(? before explained the necessity and reasonableness of tho prin-
cipal Act. This additional one is calculated to improv<>. tlu; pro\isions and extend
the equity of the fin'mer. By this Act, where a Creditor has made a i)artial attach-
ment of Goods, he has his ojition whetlier he will adhcr(> to his attaehnient, or take
Lis shariMU a general dividend: if he chooses tin; latter, ho must bring in the at-
tached goods to th(^ common fund. This is Equity, and will hel]i to do justice to
foreign Creditors, who stand no chance in a general scramble."— d'oc. Jtentard to
Lords if Trade, Julij ir>, 1705: " Mass. Baij, B. T.," vol. 78, L. I., So.

See, also, notes to 17G4-()5, chap. 35, ante, and 17(:G-()7, chap. T), and 17G'.t-7i>, chap.
10, po.si.

f'hap. .'t. " Juno 11, I7(i0. A Petition of Abraham Hill, and John Caldwell, Pro-
jirictors of tlu^ common and ITudividcd T>ands, in Pecjuoiag, so call(>d in tho County
of Worcester— Setting forth, that the said iilace called Pecpioiag hath b(\en S<'ttled
upwards of 'rwenty Years, hatli at this time near Fifty Families, and have had a
Minister Setthd aluiiit ten Years. Tiiat, from the beginning of the Settlement till
alidut two Years ago .rose]ili Lord Esq' acted as I'rnprietors Clerk, ami kept all the
Becnrds and I'rnceedings of said l'n>pri(>ty. All the (Jrants. Sur\eys, anil layings
out of lands witliin the same, he was the Treasurer, tln^ greater part of thi^ Tinu',
and received all the Jbmeys collected by Taxes, or for Sales of Dcliniinent Pro-
jn'ictors Land, and is ])roliahly supposed to be largely in Arrear to them on that
Account — That in June 17."i8 a new Treasurer, and a new Clark were Chosen, and
iho saiil Joseph Lord refusing to deliver up, the Books and I'apers of the Propriety,

[Notes.] Pkovince Laws. — ITGo-GO. Q(^l

An Action was oonnnonced against liini tliorcfnr ami at tlio Inferior ('onrt litlil at
AVorcester, in Novcmlier last, Tlie rropriciois rccovrriMl .Iiiiljjnn-nt Inr tlu- said
IJouks ami I'apcis to bu ilclivtreil to tlicni cr in ilcfanit llicirof lixccntion to Issue
for tlic sunn)f Ono Tiiousand I'unnds iawfiiU money— I!iu liefore the said .Judgment
wius rendered tlio said Josepii Lord aliseoniled, and liath ever sinee been out of this
rrovinee hatli never tlolivirred np tliu said 15ooks and Tapers, but keeps the same,
nvT hath left Estate to a quarter iiart of the Dama^v; n^covered. Thus iln! Peti-
tioners are dejirived of their lleeords, and tliose wiio hehl their Several I'ossessions,
or Original I'roprietors or have ]nirehased the Lands of delinquent I'rojirietors, left
without their proper and needfull I'roofs, find are in tlu; utmost danger of runing
into total Confusion. Tlie retitioners Tlierefore pray for direetion and Ilelief. in a
(."ase so singular Ciirumstaiued. In the House of Itepresentatives, Keail and Or-
dered, Tliat the Prayer of tin; Petition be so far granted as that the Petitioner be
allowed to bring in a IJill for the purposes mentioned. In Council Head ami Con-
curred. In Conncil Kead and Ucconsidereil, and Nonconctirred and Kesolved that
the present Clerk of the said Proprietors the llev^ M^ Abraham Hill, be and hereby
is directed to make a New l>ook of the Kecords of said Proprietors during the time
that the said Joseph Lord was Proprietors Clerk, from the Miiiits that may Appear
of Transactions in tliat time and from tin; Ueim lubraiice of tin; Proprietors, and
after he hath finished the same, that hi; lay it befon; tli(; said Projirietors at some
pro|)er Meeting for that pnrjiose warned, and then that he (h) lay iIk; same before
this Court, to the end, this Court may tlu'n determine whether it shall be estalv
lished as the Records of the said Propriety. In tlie House of Ilepreseutatives;
Head and Concurred Consented to by the Lieutenant Governor." — Council Records,
vol. A'A7//.,;(. 4-a

" June 18, 17(K). On the Petition of Abraham Hill, and John Caldwill Committee
for the Proprietors of the Common and Uiulivitled lands in Peiiuoig (so Called) in
the County of Worcester as entered the 11"' day of June Instant— In Council liead
and Reconsidered and Noncoucurred, ami Resolved that the present Clerk of the
said Proprietors, the ReV^ M^ Abraham Hill be, and hereby is directed to make a
New Rook of the Records of said Proprietors, during tlie time that the said Joseph
Lord was Proprietors Clerk, from the Minits that may A]i[)(!ar of Transactions in
that time, and from Remembrance of the Proprietors, and after he hath fiinshetl the
same that he lay it before the said I'roi)rietors, at some proper Meeting for that jmr-
]iose warned, and then that he do lay th(! same before this Conrt— To the end this
Conrt may then dc^termine whether it shall be established as the Records of the said
Proprietors. In the House of Representatives; Read and Concurred Consented to
by the Lieutenant Governor."— /6/r/., p. 4.")fi. *

"June :>, ITt;;!. A Petition of Natlian fJoddard and John Haven a Committee of
the Proprietors of Athol (formerly Peqnoige) in the County of Worcester. Setting
forth that the General Court in June ITiiO directed the Rev" ^I"" Abraham Hill their
Clerk to make a Book t)f records from siuh Minutes as might appear: but that few
^linutes. and those very imjicrfcct, could be found: whereupon a Committee Chosen
by the Proprietors in Ocf ITiiO. obtained a iilan of said Township from the best helps
that were to be had, wliieh has been accepted by them. And Praying that the same
and the records they ha\e colleiTcd may be (jstablishcd. In the llonseof Rc|iresent-
atives Read and Ordered That Cai)" Willard, Col^ Prescott & Col" Noycs with such
as the hon''''= Board shall appoint be a Committee to take this Petition under con-
sideration and make rejiort. In Council Read and Concurred and John Hill and
Timo I'aine Esq™ are joined in the Affair."— //</</., vol. A'AT., /). '2!t.

" June '.t, ITli.'i. Upon the Report of a Committee ai>iiointed the ;!'' Ins' on the Pe-
tition of Nathan Goddard and John Haven a Committee of tin; proprietors of Atliol
the following Order passed the two Houses, viz'

In Council the committee abovementioned having made report. Ordered that the
same be accepted: and that the Petitioners serve the Revd JP Abraham Hill, late
Clerk of tlie Proprietors of Athol with a Copy of this Petition tluxt he shew Cause (if
any he hath) on the second Wednesday of the next Sitting of this Court whv the
Prayer thereof should not be granted. " In the House of Representatives Read and
Concurred." — Ibid., p. 44.

" Dee. :>0, ITO:!. The following Order passed on the Petition of the Proprietors of
Athol as entered the of June last viz' In Council Read again together with the
answerof the Reverend Abraham Hill. And Ordered That John Erving & Timothy
Paine Esq" with Such as the hon'''>^^ House shall join be a Committee to take the
Petition and Answer under consideration and make rei)ort. In the House of Riqw
resentatives Read and Concurred and Cap' Howard, Col" Buckminster and M'
Saunders are joined in the AlTair."— /6('/., y. H'7.

'• Jan. (!, 17(>4. The fr>llowing Order passed on the Petition of Nathan Goddard
and Others a Committee of the Proi)rietors of Athol as entered the .'l'' of June bust,
ami in consequence of a report of a Committee appointed thereon the o<}"> of Dec"^
last viz'

In Coumil Road and Accepted. And Ordered that the Petition of Nathan Goddard
and John Haven a Comii.ittee of the Town of Athol be dismissi-d. Ami that the
RevJ M"- Abraham Hill wirli the assistane<' of Nathan (ioddard and under the in-
8|ie(tion of Charles Baker, Survevtir, be directed to eompleat the Book of Records
of the Proprietors of Athol agreeabl<;to the Onlerof the General Court in June ITlKt,
and lay the same before the said Proprietors ami likewi.se before the General Court
for their approbation by the First of June next.

In the House of Rep«<'-^*'"it^t'\<'« I'<:i^l ""'' t'on<urred Consented."— /?)(i/., p. HO.

" Juneti. IT*').".. A Petition of Nathan Godilard and John Havi-n a Committee of
the i>roprietors of .Vthol— Setting forth That the fJeneral Court in January ITtji
passed an order That the ReV' M"- Abraham Hill with the assistance of Nathan God"

8()2 Province Laws.— 1765-66. [Notes.]

dard and under the inspection of Cap' Cliarles Balccr, be directed to compleat the
Book of Records of the proprietors of Athol agreable to the order of the General
Court in June 1700; hut that the time liuiited in tlie onhn- of Court is expired, and
tlie Records not conipleated. And praying that the said Book of Records in tlie
hands of Nathan Goddard, tlie present Clerk of the proprietors may be established
together with the transactions of tlie Meetings Recorded in their Book in the hands
of the Rev'i M^ Hill their former Clerk as the only Records of the said propriety.

In the House of Representatives, Read and Onlered, that Colo clap, Colo Prescot,
and Colo Nichols with sucli as the Hon'^'.'^ Board shall join be a Committee to con-
sider this petition and Report. In Council, Read and Concurred, and Isaac Royall
and James Otis Esq''^ are joined in the affair." — Ihkl , vol. XXVI., p. 14.

" June S, 1765. The following Order passed on the petition of Nathan Goddard
and John Haven, a Committee of the proprietors of Athol as entered the G'h Ins' —

In Council. The Committee abovementioned having made Report, and the same
■being accepted, thereuiion Ordered That the petitioners have leave to bring in a Bill
for the purposes therein mentioned. In the House of Representatives, Read and
Concurred." — Ibid., p. 18.

Chcqy. 4. See notes to 17G1-G2, chapters 3 and 48; 17G2-G3, chap. 10; 17G3-64, chap.
13; and 1764-G5, chap. 4.

Chap. 6. ' ' July 2, 1740. "William Dudley Esq'' from the Committee of both Houses
on the petition of Jeremiah Fuller and others of Stoughton gave in the following
Report, viz'

The Committee to whom was referr'd the Petition of Joseph Hewens Jun"" Jere-
miah Fuller and \\'illiam Richards of Stougliton, praying that the Westerly Part of
Stougliton according to Bounds mentioned therein may be erected into a Separate
Township or Precinct for reasons therein given, are of Opinion that the Prayer of
the Petition be so far granted as that tlie Westerly Part of Stoughton be erected into
a Separate Precinct according to the Bounds hereafter described, viz' Beginning
at the Town Line on the North West side where Trap Hole Brook coineth into the
Town, and down said Brook until it comcth to the Line between tlie Lots of Land
Number Fifteen and Sixteen; and thence South Eastward in said Line until it comes
to the North East Corner of the Eighteenth Lot; thence on the ^^'esterIy side of
Birds Land whereon Daniel Richards and Isaac Comming liveth; and continuing
the same course on the North Westerly side or Line of the F<iurteenth Lot, on which
William Itichards liveth, unto Pigeon Swamp, and by the South Easterly side thereof,
so tar as to include Abiel Birds lot, and then in the Westerlj' Line of the Eighth
Lot, unto the South ^^'est Corner thereof and tlie North Corner of the Twenty fourth
Lot, and thence in the Line between the two last mentioned Lots to the Mashapoag
Brook at the corner of the Tenth Lot, and continuing in the South Line of the
Tenth Lot and the Thirty tilth Lot, & continuing the same course between the Thirty
Eightli and Fortieth Lo'ts unto the High Way leading from Stoughton to Easton
anU theni'e in the said way until it comes to the North Westerly End Line of the
IjOts Number Twenty six & Twenty Seven near Dry Pond, and in the said Line to
the Corner thereof in or near said Pond; and thence in the Westerly Line of said
Lots strait to the South Easterly Side Line of the Town: This to be the Dividing
Line or Bounds b(!tween this Precinct and the remaining Precinct or Part of the
Town: And that all the lands and Inhal)itaiits thereon Westerly to that part here-
tofore set off to Wrenthani, be a Separate and distinct Precinct and have the Privi-
leges and Powers of other Precincts. And whereas the High Way above mentioned
may cross soiik; Lots, leaving the Dwelling houses on one sidi; and part of the Lots
on tlie other side, the Committee are of Opinion that the side whereon the Houses
are have the whole Lots rateable to that Precinct, except the Twenty Sixth and
Twenty Sevi-nth Lots.

All Wliich is humbly submitted by William DfnLKY.

In Council; Read and Ordered that this Report be accepted, and that the lands
therein (les<rilied together with the Inhabitants thereon, be erected into a Separate
Precinct, and are hereby vested with the powers and Privileges which other I're-
cincts within this l*r()\ ince do or by law ought to enjoy.

In the House of Repr(;sent^e» Read and Concur'd. Consented to J: Belcher." —
Council Rccnrda, vol. XVII., book •_', p. 'MO.

" Feb. 18, 17G'_'. A Petition of Joseph Hewins in behalf of the Second and Third
Precincts in the Town of Stoughton, Praying that the Report of a Coininittee of the
Raid Precincts settling the Line between them and accei>ted by each Precinct may
be confirmed; wliic'h report and Settlement is as follows viz'

We the Subscribers being chosen a Comniittee by the sec(md Precinct in the
Town of Stoughton at their meeting legally assembled and held in said Precinct
upon the i:;"' day of October 17G0. to meet a Committee of the third Precinct in said
Town in order "to (umsult mntnally wliether any juirt or parcell of the Lands or
Inhabitants now belonging to tlie said Second Precinct should be annex<"d to the
Ihinl I'reciiiet in said Town for tlie future, or whether the former «'stal>lished
Bounds lietwci'ii the respective! Precincts should still remain &e" have accordingly
attended the saiil Service and have met with the Conimitlec chosen in the third
Precinct for the same purpose, and with them viewed the Situation of each of the
said Precincts, and the Coniniittees have mutually agreed and consented to report
the following Line to be the established bounds between the said Second Precinct
anil the said thii;il Precinct for the future forever hereafter viz' beginning at the
Norlhwestcrlv corner of the said third Precinct at the Road called Taunton Road,
and so i>n)C(M'ding Soulherlv as tin' said Koad is now laid out and conlirined
(partly by the said Town of'Stonghton and partly by his Majesty's Court of Se*

[Notes.] Province Laws. — 1765-66. HIV4

sions for the County of Suffolk) until it comes to tlie Lino of tlic Town of Easton,
We are of opinion shall ho the general Bounds lit-twecn the said I'reeinc^ts with
these exceptions namely That the Dwellings and Homo Ix)tts lielon<;in;; to .Jona-
than Jordan, Joseph Smith and Samuel Ihiukett shall remain to the third Pre-
cinct as heretofore, notwithstamling the aforesaid general Hounds. And Whereas
the Uoad ahovementioned crt)sses some Lots, leaving th(> Dwelling Houses on one
side, and parts of the Lots on the other. The saiil Committees are of opinion that
the side whereon the Houses an;, have the whole Lots rateahh; to that I're<inet and
to he esteemed as a part thereof. And those that shall hereafter huild Houses on
any of the Lots that cross the aforesaid Road, they that huild on the Westerly side
thereof with their Lots shall he rateahle to the seeoml rreeinet, and they that'lniihl
on the Easterly side thereof with their Lots shall he rateahh; to the saiil Third
Precinct, excluding all seperate Lots helonging to the Own(^^3 of the Lots crossing
the aforesaid Roatl which the Com'^" are of opinion shall helong to the Precincts ia
which they are. All which is humhly suhmittcd.

D.xxiKL Kirii.XKns / Comti^e of the Hkzekiaii Gay / Com'';« of tho

Ci.iFFoKi) BicLCHEU J 2'! Prcciuct. Ron' Swan | 'M Precinct.

In the House of Rein-esentatives, In Answer to the Petition of Josejih Hi;wins in
behalf of the second and third Precincts of Stoughton, Resolved That the Report
of this Agreement of the said Precincts be, and it is hereby ratifyed and conlirmed
to all intents and purposes whatsoever. In Council Read and Concurred. Con-
sented to by the Governor." — Council Records, vol. XXIV., j). -72.

Chop. 9. " This is an Annual Act, the nature of which I have before explained
to Your Lonlships. The General Court reduces their d(dit by .")(),(KK) jiounds evry
year, and as they are obliged conformably to the Act of Parliament to contiiu' their
bills of Credit within 2 years, they annually borrow a sum less by £.")(»,(HKI than
what will b(! due at the end of the year, by which the whole dtibt appears on the
face of the Bill and is evry year £50,000 less than the former. What is remarkable
in this bill is that the intrest is reduced from U to 5 pr. ct: this was done by a pul»-
lic subscription and is a striking instance of the credit of the Government, if not of
the riches of the people, ludeijd the finances of this Government are extrenudy
well conducted."— Gou. Bernard to Lords of Trade, July 15, 1705: "Mass. Bay, B. T.,"
vol. 78, L.I., 85.

Chap. 13. " Dec. o, 17.35. A Petition of Ebenezer Hunt and others who were Of-
ficers and Soldiers (or their Descendants) in the Expedition against Canada luider
the Command of Cpt. Ephraim Hunt Dec<i in the year KJHO, Praying for a Grant of
Laiul for a Township iu consideration of their hardships & suffering in the said •

Expedition.

In the House of Represent^'<^8 Read & in answer to this Petition

Voted that the Prayer of the Petition be granted; & that together

with such as shall be joined by the Hon')''^ Board be a Committee, at the Charge of
the Governm' to lay out a Township of the Contents of six miles square in some
suitable Place Westward of Deertield in the County of Hampshire; & that they

return a Plat thereof to this Court within twelve months for confirmation; And

for the more effectual bringing forward the settlem' of the said luiw Town; Ordered
that the said Town be laid out into sixty three equal shares; one of which to be for
the first settled Minister, one for the Ministry & one for the School; & that on
each of the other sixty shares tlu^ Petitioners do within three years from the con-
firmatiou of the Plan have .settled one good family, who shall have a House built on
the Home Lot of eighteen feet square & seven feet stud at tho least & finished;
that each Right or Grant have six Acres of Land brought to & plowed or brought to
English Grass or fitted for mowing; that they settle a learned orthodox Minister,
& huild & finish a convenient Meeting house for the publick Worship of God; &
that each Settler give Bond to the Province Treasurer of Twenty Pounds for fulfil-
ling the conditions of this Grant, Provide<l that in case any of the Lots are not duly
settled in all regards as aforesaid, then such Lot witli the Rights thereof do revert
to & be at the (lisposition of the Province.

In Council; Read and Concur'd: Consented to, J Belcher."— Cohhci/ Records,
vol. XVJ.,p.'223.

" Jan. 6, 1735. On the Petition of Ebenezer Hunt & others, Enter'd Decern'' 5
17.">5.

In the House of Representee* Read and Voted that M^ Speaker Quincy & Cpt.
Adam Cushing with such as the HoniJ'" Board shall appoint be a Committee to lay
out the Township granted to Ebenezer Hunt & others Officers & Soldiers in the
Canada Expedition Anno U'.'.H), as enter'd the third ulf. to all Intents and Purivoscs,
& in manner & form agreable to the Vote for granting said Township.

In Council; Read and Concur'd, and Edmund Quincy Esq^ is joined in tho Affair.
—Consented to, J BEr.riiEis."— 7^/'?., />. -C>\.

" Dec. 24. 17:i*!. A Petition of Edmund (Quincy Esq"- & others a Committee for
laving out a Township granted to the Canada Soldiers under the Coninumd of Cpt.
Ejihraim Hunt Dec<> Shewing that thev have laid out said Township on the West
side of Deertield, since which the Propriet™ of Deertield h.ave set out their Westerly
bounds including an additional Grant made to them about twenty years since; by
which one third part of the best of the Land is taken off from this new Township
(the Plat of which has been confirmed bv this Court,) And therefore Praying that tho
Proprietors of I>('erfield mav be directed to return a Plat of their Township, or of
the .s'l additional Grant, or "at least of the Westerly Bounds thereof to this Court
that so Justice may be done to all Parties or that the petition" may be otherwise
relieved.

Rfi4: Province LaWvS. — 17(35-60. [Xotes.]

In the House of Ilepresent^«' Read & Ordereil that the menioliasts forthwith
serve the Town of Deerfiekl with a Copy of the Memorial tliat they be & lierel)y are
directed to lay before this Court a correct IMat of their additional Grant, therein
marking out the true "Westerly Bounds of said Township, that so this Court may
further consider this Memorial for their further Order.

In Council; Read & Coucur'd; Consented to, J Celchf.ii." — Ibid., p. 400.

" Jan. 19, ll'Mi. A Plat of the Township granted to the Company under the Com-
mand of Cpt. Ephraim Hunt, laid out by Nath' Kellog Survey'' & Chainmen on
Oath, bounded East on Deerfield West Bounds, on all other sides on Province Lands.
Beginning at a stake & stones in Deertield West Line; thence running North 'J2
Deg. East, Two thousand two hundred & forty perch to Deerfield River; thence
West 17 Deg. North seventeen hundred & thirty perch; then South i)2 Deg. West,
Twenty-one hundred & thirty perch; then East 22 Deg. South, seventeen hundreil
perch to the first station.

In the House of Represent^''=s Read & Ordered that the Plat be accepted, & the
Lands therein delineated & described be & hereby are confirmed to the Officers
& Soldiers of the Company in the Canada Expedition Anno Ki'.lO, under the Com-
mand of the late Cpt. Ephraim Hunt Dec'i & to the Pleirs legal Reprcsent^'<^s &
Descendants of snch of them as are since deceased & to their Heirs and Assigns
forever, they fulfilling & performing the Conditions of the Grant, Provideil it
exceeds not the quantity of six miles square of Land, & does not interfere with
any former Grant.

In Council; Read & Concur'd; — Consented to, J Belcher." — IhirJ.,p. 425.

" Jan. 25, 17(Ji'>. A Petition of Nathaniel Kellog and Obadiah Dickinson a Com-
mittee of the Proprietors of Hunts Town — Setting forth. That in the year 17.)(> the
General Court made a Grant of a Tract of Land of (J miles square to the Officers
and Soldiers in the Canada Exjiedition in the year KiilO of Caji* E]>hraim Hunts Com-
pany, a Plan of which was returned to the Court and liy them accepted l'.'-'' Dec'' 17;Ui.
That no Plan or Bounds of the Town of Deisrficld had then been accepted and set-
tled by the Court, but that afterwards in 1741 the Inhabitants of said Town pre-
sented a Plan which was accepted by the Court with the usual provisoes, which Plan
running in upon the Plan aforesaid of Hunts Town and cutting off several thousand
acres therefrom, the Proprietors in the year 1742, petitioned the Court for an Eijuiva-
lent, and a Grant passed the two Houses for an E(iuivalent in land to be laid out
West of and adjoining to said Hunts Town; but by some accident did not jiass the
Chair. And Pra.ving that a Committee may now be aiijiointed to ascertain the
Bounds of Deerfield and of Hunts Town according to their original Grants.

In the House of Representatives Ordered That this Petition be so far granted as
. that John Worthington, Joseph Hawle.y and Benjamin Day Esq ^ be a Committee

who are hereby fully authorized & impowered to rejiair to the Town of Deerfield and
Hunts Town, so called, and riui the Lines and ascertain the Bounds of said Towns
according to their several original Grants ami especially run and l\x the dividing
line between the said Towns in onhT to put an end to all disputes between them
relative to their bounds, and make rejiort of their Doings to this Court at their next
Jtla.y Session, the Charge of said Committee to be borne as this Court shall hereafter
order.

In Council Read and Nonconcurred and Ordered That the Petitioners notify the
Town of Deerfield by serving the Town Clerk with a copy of this Petition that they
shew cause (if any they have) on the second Wednesday of the next Sitting of this
Court why the prayer thereof should not bo graiit.ed. In the House of Representa-
ti'ves; Read arul Concurred." — Ibid., vol. XXIV., p. 515.

" Jan. 2(;, 17():!. A Memorial of Nathaniel Kellog and Obadiah Dickinson, in be-
lialf of themselves and Others Proiunetors of Hunts Town, Setting forth, That the
Town of I)e<Tfiel(l, have set uj) marks and Moiuimcnts as Boundaries of the said
Town including nior<; than six thousand Acres of I'roviucM^ Land. -Vnd that the cer-
tain Limits of Hunts Town will remain unknown till tlu; Bounds and Limits of
Deerfield are ascertained, to evince all which the.y are read.y to attend and give all
the information they can in the jiremisses.

In Couni'il Itcad and Ordcrcil that William Brattle E.stjuirc with such as the hon-
orable House shall jdiii be a Committee to hear the I'etitioners as also the Repre-
sentative of Decrficid (if he sees lit to attend them) and report what they judge
])ropcr fortliis Court to <lo therein. In th(^ House of Kcprc.scutatives; Read and
Concurred and Col" Clap and Col" Buckminster are joined in the AiXair."— Ibid., p.
621.

" Jan. 27, Whi. Upon the Memorial of Natlianiel Kellog and Obadiah Dickinson
as entered yesterday, Ordered That James Otis Esq'' be of this Committee in the
room of William Brattle Esc]'' who is absent. In the House of Representatives Read
and Coucurrcd." — [bid., p. 52^!.

" Jan. 2,s, 17(i'!. The following Report was offered by the Connnittee appointed for
the |)nr|iosi' th<'rciu mentioned viz'

The c;ouiiuilt<c to whom was referred the Petition of Nathaniel Kellog and Oba-
diah Diikiuson have met and considered the sami'(the Petilion(>rs and the Uepre-
sentative of Dc<'rficld being lirsl li^-arcd thereon) and beg leave to rcpm-f that it is
conveuieut tlial a Committee be appointed and scut from this Court and fully Au-
thorized and impowered to run the Lines and ascertain the Bounds between Deer-
field anil llnuls Town, and Deerfield and the Province Lands adjoining on the West
of Deerfield anil North of limits Town according to the several and original Grants
of Deerfield and Hunts Town and especially to run and tix the dividing Line be-
tween said 'I'owns in order to jiut and end to all disjuites between them relaliv(' to
their Boundary Line (first notifying both .said Towns of their running and fixing
baid Line, that they nuiy be present if they se<! cause) and make report of their Do-

[Notes.] Province Laws. — 17G5-G6. 865

ings to this Court at their next May Session. The Charges of this Committee to be
borne as this Court Shall order.— All which is subiuitteil.

Jamks Otis ^Z order.

In Council Read and Aeee])ted, and OnhTcd That John W(>riliin;,'t..n Esq' with
such as the honoural)le House shall join he a Ctiniinilti'c for the purposes in said
Report mentioned, to make rejiort at the next Sitting of this Court, tiu^ charges of
the said Committee to he borne ius the said Court shall order. In the House of Ue|>-
resentatives Read and Concurred and .Major II aw ley and Major Day are joined in
tlio Affair. Consenteil to by the (lovernor." — J hiil., p. WT.

" Juno 18, 17t)5. In the House of Itepresentatix es. A Plan of the Township of
Huntstown taken by Eleazer Nash. Surveyor and Chainmen on Oath, bounded as
follows viz' begining at a Maple Staddle and heaji of Stones marked thus iiX which
Stantls in Deerlield West line 4-'0 perch from their Soulliwest c(»rni-r on the course
North l'.»° East, aiul from the aforesaid Maple runs North l!i° E.ust 'J180 |)erch to a
Hemlock tree marked <)X aiul a heap of Stones. Thence West 17 north (;.".() perch.
Thence West o'^ South l(ib') perch to Hatfield Crant, The same being Mayhew's
Northeast corner. Thence South 1050 perch. Thence East 22° South 17U perch and
close<l to the first boundary contains 2o010 Acres, Surveyed August 1»» 17G4, one Rod
in thirty allowed for sag of Chain.

Voted that the said plan be accepted, and the Lands therein delineafcil and de-
scril)ed be Contirnaed to tlie jjroprietors of the said Hunts Town, their Heirs and
Assigns: provided it does not exceed the quantity of their Clrant, nor interfere with
any former grants.

in Council, Read and Concurred. Consented to by the Governor."— /6W., vol.
XXVI., p. Sd.

Chap. 17. See note to 176.3-64, chap. 10, ante.

'Chap. 18. " June 12, 17G4. To Sylvanus Wing the snm of Sixteen pounds, Al-
lowed by the General Court for what the Town of Hanover was Ordered to pay liim
in the Year 1761, which the said Town hath never Complieil witli which is to 1k)
added in the Province Tax next Year to the said Town of Hanover." — Excculhe
liecords of the Council, vol. 5, /). .')20.

" June 11, 1765. Resolved, That the Province Tax laid upon the Town of Ber-
nard's Town in the Years 1763 and 1764, which wa.s thirty nine I'ounds three Shil-
lings and four Pence, be remitted to them, and that the same be laid on the following
Towns in the Countv of Haiui)shire, this present Year, from whence it was taken.
On the Town of Springfield £4 17 8.

Wilbraham 10 8.

Northampton 5 18 4.

Westfield 5 14 2.

Deerfield 5 14 2.

Hatfield 5 18 4.

Greenfield 2 17 4.

Brimfield 4 2 2.

Sonth-Brimfield 1 12 0.

Monsou 18 6.

£30 3 4.

Further Resolved, That the Province Tax laid on Hunt's Town for tlie Years 1762,

1763, and 17(i4, amounting to the Snm of forty two Pounds fourteen Shillings and

nine Pence be remitted to them, and laid upon the following Towns this present

Year, from whence they were taken.

On the Town of Springfield £559

Wilbraham 110

Northampton 6 6 1)

Hatfield (j t, '.)

Brimfield 4 10

South-Brimfield 2 5 0

Deerfield 6 6 0

.Greenfield 3 3 3

Westfield 6 6 9

Monson 1 11 0

£42 14 9
Farther Resolved, That the Province Tax this present Year on Bernards Town
be, twelve Pounds seventeen Shillings and six Pence, on Hunt's Town be nine
Pounds, on Chesterfield, five Pounds, on Charleniont, five Pounds, to be levied on
the Polls and Estates, in the respective Towns. Sent up for Concurreuce."- //omsc
Jotirnal.i, 17<j5-(J<;, p. 46.

No record has ))een found of any action upon these re.solves, by the Council, ex-
cept in the act it.self. For the proceedings on the first petition from Bernardston,
see note to 176."i-<>4, chap. 10, ante.

"Oct. :'>0, 17(h"). In the Hou.se of Repre.sentatives. Whereas the Sum of Three
hundred and sixty two poumls, eighteen shillings and 4|'' wa.s ordered to be a|i|«)r-
lioned and assessed on tlie Town of Stoughton in tlie County of Suffolk this current
year as their proportion of the Sum of Fifty thousand pounds Province Tax. And
whereas afterwards .some time in June last past the seioud preciiut in the .said Town
was incorporated into a separate District by the name of Stoughtonham: but no cer-
tain direction or order then i)a.H.sed for a.scertaining their i>roportion of the aforesaid
Sum of Three Imndred and sixty two iwunds, eighteen shillinss & 4^ whereby some

866 PROVINCE Laws.— 1765-G6. [Notes.]

•

doubts have arisen what said Districts proportion thereof should he. Therefore Re-
solved that the said District h(;, and they hereby ai'e ordered to pay the Sum of one
hundred and eighteen i^ounds, three shillings and five pence two farthings a part
thereof, and that the Province Treasurer be aiid he hereby is iiupowcred and
directed to send forth his "Warrant to tlie Selectmen of said District for the said Sura
accordingly; and to the Selectmen of the Town of Stougliton for tlie remaining Sum
of Two hundred and forty four pounds fourteen shillings and eleven pence ^^ only,
the same to be their proportion in all other future Taxes; and that the County
Trcasvirer is likewise directed to send out his Warrants in the same jiroportion.— In
Council, Read and Concurred. Consented to by the Governor."— C'ofntciZ Records,
vol. XXYI.,p.':\i.

" June 14, ITdf). A Petition of William Hale and others a Committee of the In-
liabitants of Tyringham — Setting forth That they are greatly over rated to the Prov-
ince Tax the last j'ear; and praying an abatement; Whereupon the following Order
passed viz' —

In the House of Representatives. Whereas it appears to this House that the said
Town at the time of taking the general Valuation had no opportunity to return a
List of their rateable Polls and Estates. Therefore, Resolved, That the said Town
have leave to return such List to this House at the next Winter Session, to which
time their Petition and all matters relative thereto is referred. In Council, Read
and Concurred Consented to by the Grovernor." — Ibid., p. 25(i.

" June 24, ITGG. A Petition of Ezekiel Wood Agent for the Town of Uxbridge
praying that in consideration of the great charge they fiave been at within two
years last past, and great loss of Inhabitants in the year 17(!2 by a mortal and dis-
tressing distemper, with the expence and damage consequent thereon; the Fine
laid on said Town the last year for not sending a Representative may be remitted.

In the House of Representatives, Read and Ordered that the prayer of this Peti-
tion be granted: and that the Treasurer be & hereljy is directed to pay unto M""
Ezekiel AVood for the use of the said Town of Uxbrielge the Sum of Ten pounds a
Fine laid on them by this House for neglecting to send a Representative the last
year. In Council, Read and Concurred. Consented to by the Governor." — Ibid.,
p. 281.

" June 24, 1766. A Petition of Ebenezer Child and others assessors of the Town
of Shutesbury — Setting forth — That in tlie year 17(!5 they assessed the Inhabitants
of saiil Town, but neglected giving a Warrant to the Constables for collecting tlie
same until Other Constables were chosen the next Year: and praying tliat they
may be authorised to issue their Warrants to the Constables for the said Year, and
that such Warrant be accounted valid.

Ifa the House of Representatives. Resolved that the prayer of this Petition be
granted, and that the assessors of the Town of Shutesbury for tlui year 17(!3 be and
hereby are impowered and directed to issue their Warrants for collecting the Town
& County Tax committed to the Constables of the said Town of Shutesbury for
the year 17(;5 to collect, notwithstanding the time being elapsed for issuing the
same: and the Constables for the year 17G5 are also hereby directed and impowered
to observe the same, and to compleat their Collections, and ]iay in tlie sauu; as by
their said Warrant they shall be required and directed. In Council, Read and Con-
curred. Consented to by the Gov(!rnor." — fliid., ji. 282.

"Nov. 4, 1766. A P(;tition of Jonathan \\'ilIianison and Others, a Committee of
the Town of Pownallborough— Setting forth— That the said Town at their annual
March Meeting in 1765. agreed to give two shillings in the jiound to any two Men
that would agree to collect the Taxes of that year and give security therefor.
AVhereupon Job Averel and 01)adiah Call offered themselves and were Accepted;
but said Call being not legally warned fo talce the Oath of Ollice, did afterwards
when the Assessors offerc(i him the Rate Rills, refuse to takvs them, and they are
not now by T/iw enabled to Choose another Collector. Therefore i)raying that this
Court Would e'lialile them now to choose another Collector in the room of said Call,
or otherwise relie\e them —

In the House of Represcuitatives Resolved that the Prayer of this I'etition be
so far granted as That the Town of Pownallborough be, and are heri'by impowered,
being legally assembled for that purjiose to choos(i a Collector to collect, the Taxes
that shnnld have been coUecteil tin; last year on tin; Western Side of the Said Pow-
naliliorough, the time for choosing Town Olticers being elaiist'd notwithstanding.
In Council Read and Concurred Ckmsented to by the Governor," — Ibid., p. :W.l

" Nov. 5, 17('p((. A Petition nf the Seleetmeu and Assessors of the Town of Free-
town—Setting forth — That one William Terry was chosen Constabh; in the Year
17(i."). and sworn accordingly, but before he had collected any jiart of the Taxes
which were coininitt(>d to him the same amounting to £!>(). 4. K he remove<l out of
Town: and as they have no legal Power to cIkm^sc any person to collect the saitl
Sum ])raying that they may b(! impowered by this Court for that purpose-
In the liouse of Representatives. Resolved That the Prayer of tlu^ Petition be
granted: aiul that the Town of Freetown be and bereliy ar(> iiiqiowered, being
legally assembled for that ])ur|iose to choose a Collector to collect the .Snm of Ninety
liouiiiis four shillings and eight jienet^ which was the Sum apportioned to William
T(!rry of said Freetown, who was chosen one of the? Constables of said Town the
last .v('ar. the said Williain Terry having removed out of the Province. In Council
Read and Concurre(l Consented to by the (Jovernor. " — //</'?., ;>. •■U2.

" Nov. 7, 176(!. In the House of Rc^presentatives. Whereas Since the passing of
the last Ta.x Act, a part of the Towii of Falmoutli in the County of Cundierland
has been erected into a Distriit by the n;iiue of ("ape ICli/abefh. but no rule or
method has been since preserilied for assessing the Inhabitants anil I'.states in said
Towu antl District respectively, their jiroportion of tlio public Taxes. Resolvt^d

[Notes.] Provixck Laws.— ITGo-GO. 867

tliat tlie said Town and District shall and do in ronjnnrtion Assess tlio ratoaMo In-
habitants and Estates of hotli accovdiii;; to tlio rules ix-rlixid and set l>v the last Tax
Bill for the making Puhlii- Taxes & eoiniiiit the sain<! to the several C'onstahles and
Collectors of the said Town and District to lie by them severallv culieeti'd and ]>aid
into the Province Trciusury accordiuj,' as they sluill receive tlie Treasurers Warrant,
which they aro hereby enjoined to do, and the said Assessors ari! hereby respec-
tively directed and enjoined to return to this Court a true and perfect List of tho
Poles and Estates by Law rateabh- to the Pul)lic, Taxes at their next Session in
order to tho said Courts makinj? a proper Order (or their being hereafter severally
Taxed by their several Assessors In Council Read and Concurred Consented to
by the Governor." — Ibid., p. 'M5.

"Mar. 9, 17U7. A Petition of the Iidiabitants of the Town of Tyrii'ghain Pray-
ing to bo relieved witli regard to their Taxes as entered the 14"' .luue last.

In tho House of Itepresentatives. Ordered that tin? cdnsideratioii of this Peti-
tion be referred until next May Session, that the Petitioners luay have opportunity
to return a List of their rateable polls and Estate by which the As.se.ssors of tho
Town of Tyringhain mado their Assessments in the year ITlil.— In Council, Read
and Concurred." — Ibid., p. 45L

Chap. 20. "Feb. fi, 1702. A Petition of Thonaa.s Foster and Edward Winslow
Esq" Agents for the Town of Plymouth— Setting fortii, That the P.i>acli in said
Town commonly called Plymouth Beach by th(^ many and repeated Storms the last
Fall is in great danger of being washed away, that even common tides now flow
over many parts of it, and that if something be not done speedily to secure it, tho
Harbour must be entirely ilestroyeil. That this is a matter whicli alTects not oidy
the Town of Plymouth, but the Province in gcnieral, as there is no IIarl)our be-
tween Boston and Cape Cod but this for Vessels to jiut into in bad Weather; and
the expence of securing it would be too great for tho Town to undertake— And
Praying for some Assistance from the riovenunent.

In the House of Representatives Read and Ordered, That M'' Siieaker and Col"
Clapp, with such as the honourable Board shall join be a Committee to repair to
Plymouth view the Harbour on the South and North side and report at tho next
May Session what they judge proper for this Court to do thereon."— C'ou>icj7 Records,
vol. XXIV., p. '2:.^.

"Feb. 11, 17G3. The Committee appointed the G"» of February 1702 on the Peti-
tion of Thomas Foster and Edward Winslow Esq" made the following Report Viz'
The Committee to whom was referrinl the Pi'tition of Thomas Foster and Edward
Winslow Esq" relating to Plymouth Beach have attended that Service, viewed the
said Beach, and find that the Beach aforesaid which makes Plymouth Harbour is
as we judge about four miles long. That the Meadows at the entritig on to said
Beach has been much damnifyed by the Sea washing over in high tides and storms
into the Harbour at divers jilaces for near a mite, That at divers other places the
Sea has run over said Beach into said Harbour for near two miles, Tliat the Own-
ers of said Meadow have been at considerable charge to defend their Marsh by rais-
ing said Beach, and as wo aro informed they design to make it secure, Tliat the
above Beach to the Northward and more directly against the Harbour for near two
miles at sevi;ral places is greatly damnifyed by tho Sea running over it as aforesaid;
and the Harbour it is probable will be mined if said Beach is not secured. That the
charge in securing and well defending the same, we judge will bo near Five hundreil
pounds, which will' be hard for said Town of Plymouth to jiay; and iis the ad-
vantage of having said Harbour secured will be of gn-at service to said Town of
Plymouth and to Seafaring Peojjle in general who trade in this Province, W»; appre-
hend that for the encourageing said Town in this Work, the sum of two liundred and
fifty pounds ought to bo allowed them by said Province;, and that said Towii be
enjoined to raise tho like sum for the Service aforesaid to be under such directions
and limitations as shall bo judg'd convenient, and that tin; Agents for the Town of
Plymouth have leave to bring in a Bill accordingly. J.n" Cisiiino U'' order

In Council (Feb: !)) llead and sent down In tho House of Representatives Read
and not Accepted, And Ordered That the Petition referred to bo dismissed— Sent
up for Concurrence." — Ibid., p. TuO.

" June 7, 1704. A Petition of Thoma,s Foster Esq"" Agent for tho Town of Plymouth
Setting forth. That in tho year 170-', they preferred a Petition to the (Jeneral Court,
re])resenting the danger of the Harbour in said Town being ruined by the Breaches
mado by the Sea on tho Beach which is tho Security of the saitl Harliour; that a
Committee was thereupon apiiointetl to view the same, who reiiorteil That it would
require Four hundred jiounds to secure the said Beach, two hundred nouinls where-
of they were of opinion should be paid by the (Jovernment provided the Town of
Plymouth raised and applied two hundred pounds more for that purpose; which
R<'port was continued over to tho .Sessiitn of the CJeneral Court in December la-st,
when the Petition and Papers wen; burnt with the College: Since which the said
Beach ha-s been greatly damnified by a heavy Storm in .\pril last. Aw<l Praying
that the matter mav be' now considered, and Relief granted.

In the House of Representatives liead and Resolved That the sum of Two hundred
pounds be allowed and paid out of tlie Public Tresisury to the Petitioner, for the u.ho
of the .said Town, to euabit; them to repair and secure the Beach and Harbour men-
tioned in this Petition: And that the said Town of Plymouth render an acioimt to
the Orcat and General Court, of the said monies, and that >P Otis and >P Witt
witli such as the honorable Board shall join bo a Committed! to repair to the Beadi
and Harbour mentioned in the I'etition, and renort what tho whole Cost thereof will
amount to, and what part of it shall be borne oy the Province, & wliat by tho said
Town of Plymouth.

868 Province Laws.— 1765-66. [Notes.]

In Council Read and Concurred and James Otis Esq'' is joined in the Affair. —

Consented to by the Governor." — Ibid., vol. A'A'K., p. 2.iH.

"June 22, 17(J5. In the House of Itepresentutives. Resolved that the Town of
Plymouth raise the sura of Two hundred pounds, which Sum together with tlio
Two hundred pounds granted V)y tliis Court in June last and now in the liands of
Th(uiias Foster Esq'' be immediately applied to the repairing tlu^ Harbour of I'lym-
outh agreable to such directions as Trustees appointed by the said Town shall think
proper. And in case the Town refuse to raise the said Sum, then tliat Thomas
Foster Esq"" pay into the Province Treasury the aforesaid Sum of Two hundred
pounds on or before the second Monday of the next Session of this Court; and in
case the said Sums of Four hundred pounds should be more thau snfiicient for the
aforesaid purpose, then the Town and Province Money be jiaid in equal proportion,
and the surplusage of the Two lumdred pounds be returned into the Province
Treasury. And that the said Trustees keep a fair Account of all exi)cnces, and make
return to this Court as soon as the work is compleat, or when the Court order such
Account to be rendred. In Council, Read and Concurred. Consented to by the
Governor." — Ibid., vol, XXVI., p. 57.

Chap. 21. "At the last Session of the General Assembly A Bill was prepared to
be brought into the House to raise by Lottery a sum of Money in addition to the
sum of £4250 lief(n-e granted by the General Assembly to erect a new building* for
the use of the College at Cambridge in this Province. The case was this. Dy the in-
crease of the Students of the College there have been of late near 80 more thau can
be lodged &c. in the College, in consequence of which some disorders have arisen
which have been irremediable, whilst a considerable part of the Collegians have
■been for the greatest part of their time not subject to the inspection of their Gov-
ernors. The obvious remedy for this was the bringing them all within the walls of
the College, for which purpose upon an application from the College, the Assembly
granted the sum of £4250, being the precise estimate of a building to contain lodg-
ings for 64 Students.

Upon a further consideration of this Scheme, it was found that something more
than mere lodgings were wanting, particularly an addition to the Dining Hall, whii'li
was not capable of receiving an .additional number. It has therefore been thought
expedient to add the Library (which at present adjoins) to the Hall and build a new
Library in the new building. It was impossible to ask the Assembly (after the
former ample beneficence) to contribute a further sum for this new Espence, and
therefore the expedient of a lottery was the only one that could be resorted to.

This being the case I should have made no dou1)t of consenting upon general prin-
ci|iles, nor does it seem to fall within the rules which Your Lordships have laid down
in your exceptions to the former Lottery Bills, But as in consequence thereof Your
Lordships laid a general injunction upoir me not to pass any more Lottery Bills, I
prevailed on the Gentlemen concerned not to bring in this Bill, untill 1 had time to
lay the case before your Lordships and obtain from you a relaxatitui of that injunc-
tion in this Case, or "rather a declaration that the rule of reasoning, upon which your
Lordships disapiiroved of the raising the money by Lotteries for making bridges,
mending roads &c. matters due from the Community either of the County or Town-
shiji (iocs not extend to this Case. If there is any case wherein a Lottery may he
said to be lawful and advisable the providing for the education of youth in the higher
l)ath of learning, for which the generality of the Peojile are no \yays obliged to con-
tribute, is one. Upon this Principle the Academy at Philadelphia has received great
])art of its support from an annual lottery. And lately when a scheme was formed
for cutting off that resource by a general Act against lotteries, it was thought more
advisal)le to allow a general licence for lotteries of all kinds (abused as it was sure
to l)e) than to suffer a learned seminary to be defeated of a considerable part of its
usual income. For these reasons it is much more to be hoped that Your Lordships
will allow me (who am under no other injunction than a sigiiilicaiion of your Lord-
ships sentiments upon lottery bills of another kind) to consent to this Bill for the
benefit of a Society well deserving Yoiir Lordships favour, which is neither like to
be abused or rejwated." — Gov. Bernard to Lords of Trade, Oct. 21, 17G2: " Mass. Bay,
B. T.," vol. 78, L. I., 41.

" Monday December 20"' 17G2.

At a Meeting of His Maj'y'» Commiss™ for Trade and Plantations.

Present

Lord Sandys

M"- Jenvns. M'' Bacon.

M' Yorke S'' Edmd Thomas.

• •»*•*

Read a letter from the Gov of the ^^assachusetts Bay dated 21'^' of Ocf HtVi in-
closing the ski'tch of a Bill for raising money by a Lottery, for the use of Harvard
College in Camliritlge within that Province and desiring the Board's permission to
assent to such a Bill.

Their Lordships upon consideration of the said Letter and Bill and tlie utility &
jiropriety of the service for which it jn-ovides were of opinion, that the Governor
should be directed to assent to .such a Bill as is proposed and a Letter to him, signify-
ing the Board's opinion was ordered to bo prepared."—" Trade Papers," vol. G4,

•• We have received your letter to us of the 12"' of October inclosing heads of a Bill
for raising a sum of money by Lottery to compleat an additional Hall for the use of
Harvard College in Cambridge and tho' We are still of opinion that Lotteries in the
American Colonies ought [not ?J to be countenanced and are fully convinced

• Hullis Uull.

[Notes.] Phovlnuh Laws.— 17Go-GG. btiU

that the too frequent praetice of such a inodo of raisiiifj money will ho introductive
in great mischief, Yet iu eonsideratiuii of the general Proimety and utility of the
service to be providt^l for by this Uill, We have no olijection to your iiassinix it into
a Law, desiring at the same time, that it may bo understood that such a pertnissiou
shall not bo drawn into preceilcut in anv otlu-T case whatever." — IjorJs of Tnide to
Gov. Ikriiard, Ikr.'lA, 17(;l': "Mass. lUtij, li. T.," lul. Hf,, i>. 148.

" Near three years a;j;o I was applied to to pass a Lottery Bill for raising a auiu of
money to build a Library and I'lii'osophy lloonis for tlie'ust- of the College, whii;h
were to be made the centre of a luiililing fcjr lodging Students then being to bo
erected at the expence of the Province. As Your Lordships at that time had ex-
jtressed your disai>prol)ation of the frequent Lottery Bills passed iien.', I chose to
submit this matter to Your Lordships before I passed the bill, and I immediately
received Your Lordships approbation of it. Wlien that came to hand, it was thought
more advisable to keep this building detached from lodging rooms than to join it to
them, upon account of tin; danger from lire: it was therelore |)ostponed till the other
building was linished. In tiie Winter Session in 17i>4 a Bill was ])repared for this
jnitpose, but before it could be brought in, the old Uarvard College, containing the
ilall, the Library and the AjJiiaratus lloora &c. was burnt down. As this happened
whilst the General Court was sitting in these rooms (the smallpox prevailing at
Boston) and by means of the lires kept for them; the House, upon my n^i-oimuen-
dation, generously undertook to rebuild the whole. There were in the old buihling
some loilging chambers: but it being now judged expedient to take hold of this op-
portunity to have all the public rooms of the College brought under on<! roof,
secured from lire and therefore detached from lodging rooms, I engaged with the
Committee ajipointed to conduct this building that if they would include in it a
Library an Experimental Philosophy Room &'^ I would consent to a Lottery Bill to
build lodging rooms in lieu of the Library &e. This was agreed to, and accordingly
a Magniticent Building has been erected and is nearly finished containing an ilall "a
Chappie, a Library, a Philosophy School, two other Schools aud an Observatory in
a Cupola, together with a compleat set of Offices in a base floor runninj? under th<!
whole. And now this Act is brought in to raise money to build lotiging rooms
which have been lost to the College by bringing all the public rooms tog(;tlier.

I have thougjit proper to give Your Lordships this detail, that it may appear that
I pass this Act in pursuance of leave obtained from Your Lordships above two years
ago and also whence arose the delay of it and the alteration of its purposes."— C/ov.
Bernard to Lords of Trade, Jtdij 15, 17G5: Ibid. vol. 78, L. I., 85.

See, also, note to 17jO-tjO, chapter :35, ante.

" The night after tlie 24th of January, the building called the old college was en-
tirely consumed by fire, which began in the library, the room where the council had
sat the evening before. A very large collectioia of books, but the greatest jiart of
them not very valuable, together with the apparatus for the use of the jtrofessor of
natural and experimental philosophy, were wholly lost. A much better building was
erected at the charge of the province, jilanned by the governor, who was a very in-
genious architect, and a much more valuable library and apparatus were supplied
by publick and private donations."— //Hfc^inson's Hist. Mass. Bay, vol. 3, p. 105.

Chap. 22. " Jan 20, 17G4. The following Order passed on the Petition of the
Proprietors of Windham viz' In the House of Representatives Ordered that the said
Proprietors, be, and licreby are enabled to make the Exchange desired and men-
tioned in the Petition, and the Committee of the Proprietors, and the Rev' M' Peter
Thacher Smith are hereby impowered to make and execute proper deeds for ex-
changing and vesting the respective lutrests as prayed for. Iu Council." —76(t/.,
vol. XXV.,}). 140.

Chap. 2'?. " June 2, 17G4. A Petition of the Proprietors of Murrayfield— Praying
that the Settlers admitted therein, may from time to time bo impowered to call
Meetings in order to agree upon proper methods to settle the Go.spel Ministry among
them and to transact anv other business that may be necessary.

In Council Read and Ordered That the Petitioners have liberty to bring in a Bill
for the purposes mentioned.

Iu the House of Representatives Read and Concurred."— Com;ici7 licrords, rol.
XXV., p. 2Vi.

"June 11, 176f;. A Petition of Timothy Paine, John Chandler, John Murray aud
Abijah Willard Esqr^ Setting forth That in June 17<i2 they purchased a Tract of
Land of the Government for a Township, since which they admitted James Oti.H
Esqf as a partner to one fifth of three fourths: that the same is now incorporated
into a Town by the name of Murravfield, and that they have nearly complyed with
the Conditions of Settlement; but that they have no absolute Grant from the CJov-
crnment, which prevents them giving a Title to purchasers, who appear to l>uy I^t«
of Land in said Township. And i>raying that the s^ Town may bt; confirmed to tho
said Timothv Paine, John Chandler John Murray and Abijah Willard viz' to tluj.said
Timothv Paine, John Chandler and John Murray each one fifth, to the said Abijah
Willard one fourth, and to the said James Otis one fifth of three fourths.

In the House of Rei.rescutatives. Resolved That the Township mcntionctl in tho
within Petition be granted and confirmed to tho Petitioners iu the following pro]H.r-
tion viz' to the said Timothv Paine, John Chandler and John Murray each one fifth
part thereof: to the said Abijah Willard one fourth part thereof; and to the said
James Otis one fifth of three fourths thereof, to them, their Heirs and Assigns forever,
thev rompleating the Settlement thereon originally enjoined.

Ill Council, Read and Concurred. Consented to by the Governor. —Ibid., vol.
XXVL.p.'Jrk'J.

870 PfioviNCE Laws.— 17G5-GG. [Notes.]

By an order in Council, of December ", 17C>C>, the Lords of Trade were directed to
consider, and, from time to time, to report tlieir opinion u]ion, all acts then before
them or which should thereafter he transmitted to them. In accordance with this
order, they reported, April IG, ITIJT, upon all such acts, including "eighteen" acts
incorporating " plantations into townships." As no list of the titles of these acts is
.; given with the report, it is difficult to determine just what acts were included in the

eighteen acts referred to. By taking only such acts as expressly incorporated
"plantations" into towns, including the scxen acts passed from January to June,
17(12, which were considered by the Lords of Trade in their letter to Gov. Bernard
(see note to 1702-^)3, chapter 8, ante), and also the present chapter, the number is just
eighteen; but, although the seven acts above mentioned were ordered "to lye by
probationary," all questions relating to them would seem to have been settled in
the correspondence alluded to, and by subsequent lapse of time. If all the newly
incorporated towns are included, except such as were made from other towns, or
such as were denied the right of representation, by their acts of incorporation, the
number, exclusive of the seven which have already been considered, cannot be in-
creased to eighteen without including I'ownalborough (1759-60, chapter 2.''>) and
Pittsfleld (17(iO-!ll, chapter y4), for which there seems to be no stronger reason tlian
for including the seven towns incorporated in 17(12.

The towns, with the ]>rivilegc of re]n-esentation, incorporated since Windham
(1702-03, chapter 8), which is the last of the seven acts above mentioned, are nine-
teen; viz., Bowdoinham, Warwick, Wilbraham, Newburj-jiort, Topsham, Fitch-
burg, Winchendon, Gorham, Boothbay, Koyalston, Ashburnham, Williamstown,
Bristol, Ashfield, Lanesborough, Chariemont, Bichmont, Becket and Murraytield:
but of these, Wilbraham and Fitchburg (17G.V-01, chajitcrs '.) and ."0.) were joined, in
the choice of representatives, Mith the towns from which they were, respectively,
set off, so as not to increase the number of representatives to be chosen; while
Newburyport (1703-04, chapter 20), for the same reason, was authorized to choose one
of the representatives ]ireviously allowed to Newbury.

It is possible that the act incori>orating Murrayfield, although it had been re-
ferred to the Lords of Trade by the committee on plantation affairs as early as
March 11, 1700, and had lieen sent by them to Sir Matthew Lamb, and returned by
him with his opinion thereupon, October 20, 1700, and so was, properly, within the
description of acts reported upon as above, may, nevertheless, have been omitted
from the list. This would reduce the number to eighteen.

The following is the portion of the report which relates to the acts incorporating
towns with the privilege of choosing representatives to the General Court: —

" It remains now for us to observe to Your ^lajesty upon various Acts which have
been passed in this Province for erecting and incorporating sundry Plantations into
Townshi|is. There is no occasion as we conceive, for us to recite these several
Laws, which are eighteen in number, inasmuch as they are all in their natm-c and
consequence exactly similar and as such liable to one and the same objection.

By tli<!se Acts for the institution of Townships, the said Towns become thereby
invested with all the privileges powers and immunities that Towns in this Prov-
ince by law enjoy of sending Kejiresentatives to the General Assembly.

By the Charter granted by their Majesties King William and Queen Mary every
Town is empowered to elect two jiersons to serve for and repreS(Mit them in the
General Assembly; This I'rivilege by aji Act of Assembly jiassed in the 4"> Year of
the same reign is limited to a stated number of Freeholders; According to these
restrictions no Town is allowed to send two Members but what has one hundred aiu'.
twenty fi-ccliolders: Every Town that has forty freeholders is obliged to send o!U!
lleprcsciitati\e; a Town that has above thirty and under forty Freeholders may send
a Representative or not as they i)lease, and a Town under thirty Freeholders miiy
send a Uepresentative or join with the next in the cboice of one.

By these Regulations it follows that every Township thus instituted by Act of the
Legislature of that Province becomes of course entitled to such privileges as other
Towns therein have and do by Law enjoy, even altlio' the Act for their institution is
silent in regard to their IxMUg rejiresented. When therefore such a Township has a
sufiicicnt nninbcr of Freeholders, it becomes entitled to a Precept as a matter of
right and slionld every Town avail itself of such its right and privilege to s<>nd llr\>-
resentutives, the number of that body is capable of a very considerable increase,
even tho' there; were no new erected Townships to contribute to it whilst at the
same tim(! Your Majesty's Council in tluj said Province are limited and confined to
a tixt and \('ry dis])roportionate nundx'r.

This being the state of tli(! Case these Acts for erecting so many new Townships
appear to us to lead to incoii\(nienc<'s arisiiig from too great an increase of tho
nunilicr and inliiieiice of till' Keprescntai ixc I!o<l.\' and from a disproportion of tho
other I'.ranches of tlu; Legislature, and W(; could wish tliat some i>rop(>r metiiods
might be devised for limiting and restraining the general number of Representa-
tives.

By what nu'ans these Purposes can be best accomplished, whether, as the Gov-
ernor suggests in his letter to us of the .'!0"> of April 1703 l>y enlarging the number
of Freeholders that shall give a Town a right to send one Member, and by joining
otliiTS together in the choice; of one; RepreseMitativi; who have not su<-h a Ntunlier, as
many already are, or whether by jiroposing aTi Act of Assembly, ordaining that no
Towns shall lie incorporated to send Members but what have the full 'numl)(>r of
Inhaliitauts according to the first regulation of the Charter, or by wiiat other rule
and method of |iroceeding are points wliicli must be left to the wisdom of Your Maj-
esty and Your Council to consider an<l determine thereu]>on; And N\'t; humlily
submit to Your Majesty- whether this is not a case that does from the iiature and
importance of it require immediate attention; It being represented to us by Your

[XoTi:s.] PiioviNCH Laws. — 1705-GG. y71

Maj'.^'s Governor that the nninher of Representatives who eomiiose the Assouihly of
that Province and who at tiic time of jjiantin-; th(' Charter amounted oidvto Eighty
four are now increased to npwanlsol One lunulred and eiglity."— " J'lttithitions, (Jcii-
tral," B. T., vol. 4l', ii. HI, in l'nbll<:-R<<:„rd Ojfire.

Chap. 25. " June 7, 1750. A Petition of Ezekiel Cushing and a great number of
Otliers of the second Church and I'arish in Falmouth— Setting forth the disorderly
jiroceedings in tlie settlenn'nt of M' E|)iiraim C'iarli as a minister in said Parisli,
whom they look on as nn(]iialiticd and unlit for said Ofhce. And praying that tliey
may he e.\cni|itcd from Taxes for his Support, and have liherty to join with the first
Parish in Faluioutii, or lie othcrwis<' rclciveil.

In the House of Kcprcscntativcs. lit ad and Ordered That the Petitioner serve tho
Clerk of the second Tarisli in Falmouth with a Cojiy of this Petition, that they sltt-w
cause (if any they have) on the second Friday of the next Sitting of this Court why
the Prayer thereof should not be granted. In Council. Reail and Concurred."—
Council Records, vol. XXnf.,p. IS.

" Jan. 15, 17()0. A I'etition of Ezekiel Gushing Esq and Others of the Second Par-
ish in Falmouth. I'raying to he freed from paying Taxes to the Sup])ort of >!'
Ephraim Clarke, latidy settled as minister of said Parish, as entered 7 .Inne last.

Jn Council. Head again togi'ther with the Answer of the second Parish in Fal-
mouth, and Ordered That SamiKd M'atts and William lirattle Escj'* with Such as the
honourable House sliall join he a Committee to take the same under consideration
and report what they judge projier for this Court to do thereon.

In the House of Kcpresentatives Head and Concurred and Colo Gerrish, Col°
Sparhawk and yi' Ilcarsy are joined in the Affair." — Ibid., p. 173.

" Jan. 18, 1700. The Committee appointed the 15"> Instant on the Petition of Eze-
kiel Cushing Esq"" and Others of the second Parish in Falmouth made the following
Report viz'

The Committee upon tho Petition of Ezekiel Cushing and Others of the Second
Palish in Falmouth have matiirely considered it with the Answer thereto and the
Papers put in by the sai<l Ezekiel in favour of the Petitioners as also by Col" Waldo
in favour of the Respondents. And upon the whole beg leave first to report Facts,
and then our opinion upon the Same.

First— That on the ."O day of Jidy 1755 an Ecclesiastical Council was convened at
the second Parish in Falmouth consisting of fifteen Churches, unto whitji Council
the difference mentioned in said Petition was submitted, and by the Comtnittees
of the contending Parties, the Result of the said Council was to be decisive and
final. The Charges exhibited against M^ Clark were as follows.

1. His want of a liberal and learned Education.

2. His seperating Principles which he set out upon when he was ordained over a
Seperation in Boston.

3. His immoral Conduct.

4. The Divisions. Contentions and raischeifs that will attend said Parish if M'
Clark should be installed over the Church there. — Said Venerable Council having
considered the same put the following Question.

Question. Whether the Venerable Council considering all things which have
been offered, think it expedient to proceed to the Instalment of >P Eiihraiin Clark
in the Work of the Ministry in this Place. Voted in the Negative. And accord-
ingly this was part of their result — That they advised that he should not be installed
over said Church; at the same time adding therein— That they find nothing in the
Objections made against Mr Clarks moral Character suflicient to influence them to
such a Conclusion.— They go on in their Result to advise said Church to take every
jirudent Step in order to such a Settlement as may be if possible unexceptionable to
those of th(.'ir Brethren who have differed from them.

The Above Facts were taken from the Minutes and Result of Council and sworn
to by the Reverend >!■■ Langdon of Portsmouth their Scribe.

Soon after this residt said Church in Falmouth sent to the following Churches to
instal >!■■ Clark over them viz' The second Church in Kittery, the first and second
Churches in Berwick, the second Church in York and two Churches more viz' one
in Ipswich and another in Glocester. How many of the Churches were jire.sent the
Committee can't determine: three only of their Reverend Pastors were jire.sent viz'
Mr John Rogers and Mess^' Cleavelands, who in direct opposition to the residt afore-
said, and without any reuewall of the Call of M"" Clark, either by Church or Parish
installed him— which very extraordinary Doings of theirs were laid before the Con-
vention of Ministers at their anmial Meeting .May 27. 175r., Who thereiqion Voted,
Neminc contradicente, that in the opinion of this Convention all such Proceedings
are very irregular— against which they think themselves obliged to hear their testi-
mony, as having a manifest ten<lency to destroy these Churches if not seasonably
discountenanced.

The Cimimittec can't but in justice to the said Ezekiel observe that the .several
Charges in the respondents Answer against him arc without Ground and injurious.

Upon the whole the Committee apjirehend the Interest of Religion the Order and
Peace of the Churches of this Lan(l in general, and in the secnuid Parish in Fal-
mouth and their Viciintv in s|)ecial make it reasonable and necessary that such of
said second Parish as an- aiiureived at the Settlement of said M' Clark in manner
aforesaid be with their Estates exempt from paying Taxes to his Sup|K.rt and inam-
tenance, and therefore humbly propose the following Order may jiass.

(Sign'd) Sam"- Watts if' Order.

Said Order is comprized in the resolve that follows viz'

In Council. Read and .Vccented. And Resolved that such of the Inhabitants of
the second Parish in Falmouth who are aggrieved at the Instalment of M' Clark

872 Provi^'ce Laws. — 17G5-GG. [Notes.]

and are desirous not to sit under his Ministry (upon their transmitting their names
together with their desires to be set off to the tirst Parish in Falmouth) into the Sec-
retary's Office at Boston on or before the last daj^ of ]SIay next, be and hereby are
with their Estates set off to said first Parish in Falmouth Jliere to do duty aud
receive Privilcdge 'till the Further order of this Court. In the House of Represent-
atives Read and Concurred Consented to by the Governor." — Ibid., p. 182.

" Feb. 15, 17G5. A Petition of Ezekiel Cushing Esq'' and others — Setting forth
That the Great and General Court were pleased at their Request some time since to
set them off from the second parish in Falmouth to the tirst parish in the said
Town; but that they since find their being so set off to be attended with many
inconveniences. And praying that they with their Estates may now be restored to
the said second parish.

In the House of Representatives. Read and Ordered That the Petitioners serve
the first parish in Falmouth with a Copy of this Petition, that so they shew cause if
any they have on the second Wednesday of the next Session of this Court why the
prayer thereof should not be granted. ' In Council, Read and Concurred." — ibid.,
VOL A'.YF.,p. 410.

" Feb. 25, 1767. A Petition of a number of the Inhabitants of Cape Elizabeth,
formerly the second parish in Falmouth, who were some time since set off from the
said second to the first Parish in Falmouth— Setting forth— That they had since
petitioned to be set back to the second Parish, the prayer whereof they imagine was
granted in effect, tho' not in form: aud praying that they or as many of them as
think fit, may be set off from the first Parish in Falmouth to the District of Cape
Elizabeth.

In the House of Representatives. Read and Ordered that the Petitioners notify
the District of Cape Elizabeth and the first parish in Falmouth by leaving a Copy
of this Petition and Order with each of their respective Clerks: and the Petitioners
are also ordered to notify the persons mentioned in their petition to be taxed by
causing the said Petition and Order to bo read to them respectively or a Copy
thereof left at their place of dwelling; so that all parti'^s concerned may have oppor-
tunity to be heard ujion the same on the second Wednesday of the Session of the
General Court in May next; and the Collection of the Taxes of those persons
referred to in this Petition is ordered to be stayed until the further Order of this
Court. In Council, Read and Concurred. Consented to by the Governor." — Ibid.,
vol. XXri., p. 418.

" June 20, 17G7. A Petition of the Inhabitants of the second Parish in Falmouth —
Praying that a numVr of persons formerly allowed to be of the first Parish may be
set back to the second Parish as entered the 25"' of February last.

In Council, Read again together witli tlie answer of tho tirst Parish in Falmouth,
and the District of Cape Elizabeth: And Ordered That Andrew Celchcr and James
Pitts Esq™ with such as the lioni'''^ House shall join be a Committee to take the same
under consideration & report.

In the House of Representatives, Read & Concurred and M'' Greeuleaf, M^ Lane
and Cap' Herrick are joined in the affair." — Ibid., vol. XXVII., p. 82.

" June 25, 17(17. The following Report was made by the Committee appointed on
the Petition of the Selectmen of Cap(! Elizabeth viz'—

The Committee on the Petition of Jonathan Loveit aud Samuel Skillin have fully
considered the same together with the answer of the Conunittee of the first Parish
in Falmouth, whereby it ai)p('ar3 the; Petitioners failed of giving seasonable notice to
the parties concerned agreablo to an Order of the General Court in February last —
Wherefore your Committee are unanimously of opinion that the further consitlera-
tion of the same be referred to the second Wednesday of the next Winter Session of
this Court; and that the Petitioners aforesaid in the moan time seasonably notify the
parties concerned by leaving a Copy of their Petition with the Clerk of each jnirisli
so that each and every of those jiersous, who werc^ formerly set off from the second
to the first parish in Falmouth may have an ojiiiortunity to make answer to the Pe-
tition aforesaid — And your Committee are further of opinion, that for tlie present idl
those persons who were set off to the first parish as aforesaid be held to i>ay Ta>:es
to tho said first Parish, unless fhey or any of them shall signify to the assessors of
each parish by writing under their hands, their desire of being taxed to the second
Parish, in which case, they shall pay taxes to the second I'arish, aud that only.
Whieli is hntulily siibmitteil Signed A>i>"' 1}i:i,chf.u ^J'' Ord'

In Council, Read and not accepted: And Ordered that tlu! Petition be dismissed.
In the House of Representatives, Read ^r noueoncurrecl, and ordered That the Re-
port be accepted. In (Council, Read and Concurred." — Ibil., ]>. 102.

" June Ki, 17()8. A I'etitioti of James Small an<l oth(>rs— setting forth— That some
years since they were set off from the 2 'Parish in FalinoiUh to the first; but .since
finding it inconvenient to (;ross the water to attend th<^ public worsiiip in said first
Parish in Falmoutii, Praying that they with their Estates may be set back from tho
said first Parish in Falmouth to the second now ("a)ie Elizabeth. —

In the House of Representatives. Resolved That the jirayer of this Petition be so
far granted that tlu; I'eiitioiuM-s notify ihr, tirst Parish in Falmouth by leaving a
Copy of this Petition with the Clerk of said I'arish that fhey shew cause, if any they
ha\'e on th(! first Tuesday of the ni^xt sitting of this Court why the jirayer thereof
should ufit be granted. In ('ouueil, Read and Concurred."— /?»/>?., p. IvV).

" INlar. 28, 1770. A Petiticui of Sanniel Skillin and others Inhabitants of Cape
Elizaliefh praying for an explanation of the Act Incorporating tliem into a District
made in November 17()5. —

In fh(^ House of Representatives, Resolved on tho Petition of the Inhabitants of
Cape Elizaliefh That from tlu; time tho act of Incorporation of Cape Elizabeth into
a District took place all the Iiduib'^ants of said District included within the Lines

[Notes.] Pbovince Laws. — 1765-G6. b7;}

of said District were ami still arc lieUl to jiay Parish Taxes there and to no other
Parish. lu Council, Head and Concurred, Consented to by the Lion' Governor."
Ibhl., vol. XXV] 1 1., p. 10'i>.

" Apr. Ki, 1770. In the House of Representatives. Whereas the General ('ourt in
their present Session on the Tetitiou of Caji' Samuel Skillin & others Inhaliitaiits nf
Capo Elizabeth Resolved on said Petition that from the time tiie Act of Incorpcira-
tion of Capo Elizabeth into a District took i)laco all the Iiiiiabitanis of said District
included within the Lines of said Distrii't wcn^ and still arc held (o pay Parish
Taxes there and to no other place; since which tlie lirst Parish have by Thomas
Smith on their behalf reiiresenlcd sonic inconveniency that may attend the earryins
said Resolve into execution before the said lirst. Parish has an ojiportiinity to bo
heanl upon the subject matter of the said Petition— Therefore Resolveil that all pro-
ceedings in conscquenc(Mif said Resohe be staid as fully «s if it had not been till
the the second Wednesday of the next sitting of the General Court, at which time
the lirst Parish may be h(>ard ujion said I'etition of Cai)e l^lizabeth, if they sei; lit,
to shew cause, if any they have; wliy said Resolve should not be reversed. In Council,
Read and Concurred, Consented to by the Lieu' Governor." — Ibid., p. KiSt.

" Apr. 17, 1771. A I'etition of Thomas Smith and Ephraim .Tones in behalf of tho
first Parish in Falmouth, in the County of Cumberland— Setting forth That at tlio
Session of the General Court in March 1770 it was Resolved that those Persons who
were set off from tho second Parish in said Falmouth to said lirst Parish by a Resolve
of said Court in January 17(50 were set back again by the Act passed in 17('r) mailing
said second Parish a District (by the name of Cape Elizabeth) and held to pay Parish
Rates there from that lime and no where else- That at the same Session on tlic! !\'ti-
tion of the said tirst Parish, said Resolve was suspended till said lirst Parish could
bo heard upon the subject matter thereof — And after offering sundry reasons why
the said Resolve ought to be set aside, Praying that they may be further heanl, by a
Committee, on the subject; aud that it may now b(i resolved That those Persons who
in the year 17G0 were set olT from the second Parish in Falmouth to the first, shall bo
lield to pay Parish Taxes in said lirst Parish to the year 17()!> inclusive, and that from
and after that time they be set back to said Capo Elizabeth to pay Parish Taxes
there and no where else, (tho tirst Parish having omitted to Rate them in the year
1770 out of obedience to the Resolve aforesaid.)

In the House of Representatives. Read ami Ordered that Docf Holton Col" Ger-
rish and Cap' Erown with such as the hon'''<' Board shall join be a Connnittee to
consider this Petition, together with a Petition of the Selectmen of the District of
Cape Elizabeth, accompanying the same, and report.

In Council. Read and Concurred and William Brattle and James Otis Esq" are
joined in the affair.''— 7^,":?., p. 5"20.

" Ajir. 'Jti, 1771. The Committee appointed the 17 instant on the Petition of tlio
first I'arish in Falmouth, made the following Report viz' —

The Committcj upon the Petition of the lirst Parish in Falmouth by their Agents
M'' Thomas Smith juu'' and M'" I^Iphraim Jones, have attended the Service assigned
them and fully heard the ])arties thereon, beg leave to observe That A D 17()0
sundry Persons' were set off from tho second Parish in Falmouth to the first Parish
in Falmouth there to do duty and receive privilege till the further Order of the
Court, for good reasons well known in that day. — That A D 17()o there was an
Act of the Province for Incorporating said second Parish into a District; from
whence many in said District apprehended that the Act aforesaid superceded and
made null and void said Resolve, and therefore that those who w«re set off to the
said Parish were no longer obliged to pay Precinct Taxes to said first Parish,
but to the second Parish in Falmouth. Tlib first I'ari.sh in Falmouth was (]uit(- of
another mind, they ditl not aiiprehend that the relation of those of the second J'arish
that were set off to the first Parish was dissolved by said second Parish being made
a District the one being imrely a Parochial or Ecclesiastical privilege or favor, there
being many instances of Persons belonging to one Town or 13istrict and y<?t are of a
Precinct even in another Town: whereupon a controversy arose and the whole
matter was laid before tho Gerieral Court, and after a long and very t<'dious hearing
of both parties, both Houses in June 17G7 Resolved, that notwithstandin.gtheir being
made a District two years before, yet their Parochial relation was not dis.solveil, but
that they should pay to the first Parish in Falmouth as before till the further Order
of the Court; this we ob.serve ]iast both Hon.ses, but his Excellency Governor Ber-
nard did not Sign it, and consequently tho' it was expressive of tho sentiments of
the then both Houses, yet it was no valid Act. After this there was another Peti-
tion preferred from a nuinber in .said District praying that the first mentioned I'ersons
might be set back to said second Parish; thereupon the Houses passed an Order that
said Petitioners should notify said first Parish to make answer if they saw causi> &e
now, in fact, it appears by the Evidence of M'' Longfellow Clerk of said first I'ari.sh
and otherwise, that said Order was never complied with, that said first Precim-t was
not notified; a fact not denied by the Gentlemen Agents for the .second Parish; yet,
unnotic(!d and without the first I'arish's hearing anything of the matter, on the '-'S c»f
March 1770 the General Court Re.solve<l That from the time the Act of Incorporation
of Cape Elizabeth into a District took place, all thay Taxes thero
and to no other place: This is directlv contrary to the Resolution of both Houses in
June 17o7 with this difference, that in the Resolution of both Houses in June 17(i7
the opposite part v was notified and was |)resent; in tho last Resolve the oi)|>osite
partv viz' the first Parish, was ordered to he notified, but was not notified and was
not present. Upon the first Parish in Falmouth hearing of this last Pwcsolve. after
thev got over their .surprize they Petitiomnl the Court that this Resolve njight he set
aside, whereupon in April last the whole Court RcsolTcd That all proceedings in

874 Peovince Laws.— 1765-G6. [Notes.]

consequence of said Eesolve be staid as fully as if it had not been till the second
Wednesday of the then next Session of the General Cimrt, at which time the first
Parish may be heard &c The case being thus fairly, tho' largely, stated by your
Committee which they apprehend wiil not be disagreablc, as the Court may hereby
be better able to form a judgment, Your Coiamittso beg leave to observe, that in
their opinion that part of the Petition of the said first Parish wherein they pray that
it may be Resolved that those persons who in tlie year ITCIO were set off from the
second Parish in Falmouth to the lirst shall be hold to pay Parish Taxes in said first
Parish to the year ITIi'J inclusive of said year 17(j:t. ought by no means to be granted
or even countenanced because it would be depriving said District of that Constitu-
tional Eight they have namely, to be tryed by their Peers, by a Jury, and that it
would be oustiug the Common Law Courts of their Jurisdiction, unless both parties
had consented to have left it to the General Court by them to be decided, which was
by no means the case, but inasmuch a^ tho Eesolve of 1770 was unfairly obtained,
and that in sundry respects: Your Committe(! cannot btit think that it ought to be
set aside and be declared null and void— And further that all those who were set off
from the second Parish to the first Parish in Falmouth with their Estates A D 17(jO
shall not from the begining of the year 1770 be holdcn to pay any Parish Taxes
assessed since that time to the first Parish in Falmouth, but shaU and hereby be
holden to pay them to said District, and all Parish Taxes assessed liy the first Parish
upon the Inhabitants of said District, not paid before said begining of January 1770
be determined in the Common Law Courts, where the same arc Cognizable, unless
both parties come to an agreement in another less expensive way; Wherefore your
Committee Report the following Resolve —

Resolved That the Resolve aforesaid passed in March 1770 be and hereby is set
aside to all intents and purposes and is hereby rendered as null and void as tho' it
never had passed.

W. Brattle ^ Order

Upon which the following Order passed viz'

In Council, Read and unanimously accepted and Ordered that the Resolve passed
in March 1770 be and it is hereby set aside to all intents and purposes, and it is
hereby rendered as null and void as tho' it never had passed.

In the House of Representatives, Read and nonconeurred & Resolved that the
Petition be dismissed. In Council, Read and nonconeurred."— Z^jui., p. 562.

Chap. 26. " Feb. 5, 1768. A Petition of Jacob Eice and others Selectmen of
Northborough— Setting forth, That while they remained a Precinct in SVestboro'
the Anniversary Town Meetings were constantly helil every third year at the Meet-
ing house of said Precinct. Tliat they have lately been incorporated into a District
by the name of Northborough with all the powers & priviledges of a Town, that of
sending a Representative to the General Assembly excepted. And Praying that
they may be made a Town, and that the Selectmen of Westborough may be im-
powered to appoint the Town Meetings for the choice of a Representative to be held
every other year at Northborough, or every third year at least, that so they may
enjoy equal privilege in that respect to what they enjoyed before they were thus
incorporated.

In the House of Representatives. Read and Ordered That the Petitioners notify
the Town of Westborough of this Petition by serving the Town Clerk with a Copy
thereof to shew cause on the thiril Wednesday of February Instant if any they
have why the Prayer should not bo granted. In Council, Head and Concurred." —
Council Records, vol. XXVII. , p. 185.

Chap. 28. " Feb. 11. 1766. According to agreement the two Houses proceeded to
the choice of Civil Oflicers for the present year, when the undermentioned persons
were chosen Collectors of Excise on Spirituous Liquors &c for the several Counties
as lu-reafter mentioned, by a major Vote of the Council and House of Eepresenta-
tives.

Suffolk M"- Thomas Fletcher

Essex M'' Thomas Porter

IVliddlesex jSP .John HiMuington

Hampsliiro M'' Lewis Bliss

AVorc(!Ster ISP Li>vi Willard

Plymouth Cap' Nath' Little

Barnstable ]M'- Enoch Hall.t

Bristol M""Tli(iM;illiert jun'

York .AP David S.'wall

Dukes County M'' .Tames .Mien jun''

Nantucket 01)ed Jlussey, Esq'

Cumberland M'' '!'h(v>philus Bradbury

liincoln Mi" Tliomas Moulton

Berkshire M'' Israel Dieliiuson

Consented to l)y the Governor."— Co»(»ci7 llrrorth, i-dI. X.WL. i>. 171.
".luno '.t, 176H. A Petition of Henry Baldwin of Shrewsbury and .lojin Martin of
Noiihhorough Inholilers— .Setting forlli— That they were bounil with one .lacob
]'"islc i)f llarilwick who was also Licensed: That the said .laeob soon after went out
of the Province having as th<>v lieli(>ve never sold any Li(]Uors subject to the duties
of I'lxcise: and as the Collector of Excise cannot by Law settle witli the Petitioners
witjiout the Oath of tlu; said .lacob which cannot now he procured, Praving for
relief.

In the House of Representatives. Upon tho Petition of Henry Baldwin and
John Martin. It aitpoaring to this House that Jacob Fisk mentioned in tho Pcti-

[Notes.] Pkovince Laws. — 17G5-66. 875

tion licensed as a Retailer in the County or AVorcester to sell Spirituous Liquors at
August term ITdii did nut sell any spirituous Licjnors after his heing so lieensed.
Therefore Resolved that the said Henry Baldwin and John Martin who wern bound
with the said Jacob Fisk for the payment of his Excise ho and herehy are dis-
charged from the Bond aforesaid. In Council, Read and Concurred, Consented to
by the Governor." — Ibid., vol. XXVII., p. o;J5.

Chap. 29. " Feb. 11, ITCG. Pursuant to agreement the two Houses proceeded to
the choice of Civil Officers for the present year, when James Russell Esqf was
chosen Commissioner of Impost by a major part of the Votes of the Council an<l
House of Representatives. Consented to by the Governor." — Council Records, vol.
XXVI., p. 174.

Chap. 31. "June 1(5, 1703. A Petition of a number of the Inhabitants of 8°
Brimfiekl, Praying that the said District may be divided into two sepcrato Districts
by certain metes and binuuls therein mentioneil, which they apprehend would bo
greatly to the beiielit and advantage of the People in General, wliicli Petiti(m was
followed by another from divers other of y<^ luhaliitants against the division Prayed
for. In the House of Ilejiresentatives Read and Ordered That Col" Bagley and
Col" AVilhams of Roxbury with such as the Hon'>^' Board shall join be a Committee
to consider this Petition and rejiort. In Council Read and Referred to Next Ses-
sion."— Councit liecord", vol. XXV., p. 85.

" June 7, 1704. A Petition of Tristram Davis and Others in behalf of the District
of South Brimheld— Setting forih, That they were lately sett off as a seperate Dis-
trict, principally with a view that they should be better accomodated in attending
on the imblick worship: since which they have been unhappily contending among
themselves where to ]>lace a llotise for that purpose, until at length a vote was
obtained b.y the majority of one only, among which majority were some Anabajv
tists to place the House within one mile and a lialf of the East Line of the said Dis-
trict leaving some of the Inhabitants four or five miles remote from it, whereas there
is but little odds in the Settlements at each end of the District, and that they have
accordingly proceeded to raise the Frame of said House, and in part to cover it.
And praying the interposition of this Court for their Relief. In the House of
Rejiresentatives Read, and in answer to this Petition ordered that Col" Munay
and Col" Marcy with Such as the honorable Board shall join be a Committee to
repair to the District of South Briintteld for the purposes within mentioned, and
make report at the next Session of this Court. In Council Read and Concurred
and Timothy Paine Esq"' is joined in the Affair." — Ibid., p. 233.

" Oct. 1:7, 1704. A Petition of a number of the Inhabitants of South Brimficld
Praying for a Committee of this Court to repair thither, and fix on a Place, whereon
to set a Meeting House, as entered 0: June last. In Council Read again together
with the Report of the Committee appointed to consider the same; as also the sev-
eral Answers made thereto, and Ordered 'J'hat George Leonartl, Nathaniel Spar-
hawk and Thomas Flucker Esqf* with such as the honorable House shall join, be a
Committee to take the same under consideration hear the Parties and make Report.

In the House of Representatives Read and Concurred, and Col" Clap, Col"
Nichols, Mf Wit and Col" Murray are joined in the Affair." — Ibid., p. 290.

"Nov. 2, 1704. The Committee appointed the 27: October last on the Petition
from South Brimfield having made report, the following Order passed thereon viz'
In Council Read and Accepted. And Ordered That the Petition of the District of
South Brimfield, preferred to this Court at their Session in May last be dismissed,
and the Assessments made on the Inhabitants of said District for raising the sum
of £100, for building and finishing a Meeting house thereon are hereby declared
void; it appearing that the several Meetings of the Inhabitants, at which the Votes
were obtained for raising the same were illegal. And the Collector or Collectors to
whom the said Assessments were committed are hereby directed to stay all pro-
ceedings in collecting the said sum or any part thereof In the House of Representa-
tives: Read and Concurred Consented to by the Governor."— /6iV/., /). 312.

" Feb. 12, 1705. A Petition of Joseph Blodget and others of South Brimfield
praying for a rehearing on the subject matter of a petition they preferred in the last
October Session for fixing on a spot whereon to place their Meeting House, and that
the Report of a Committee sent thither for that purpose may be accepted and Con-
firmed. In the House of Representatives, Read and Ordere<l, That Major Alden
Cap' Taylor of Westfield and yu Lane with such as the Hon'''"-' Board shall join be a
Committee to consider this petition and Report. In Council, Read and Concurred,
and John Hill & Harrison CJrav Esq" are joined in the affair."— /'*/'/.. /«. 4<K).

•• Jan. :;0, 170ii. A Petition of a Number of the Inlialiitants of South Brimfield—
Setting forth the great Ditficulties, that many of tliem labour under in attending
the jiuldic Worship, as the Meeting house is placed so as to accommodate only
the Inlialiitants of the East end" of said Distrief— .\nd praying that they may lie
divided into two Districts, or Societies, by certain Bounds, in their said Petition dt>-
8crib<!d —

In the House of Representatives. Read and ordered, that Cap' Thayer, Cap'
Brown, and M' Taylor of Westfield. with such a.s the Hon''''' Board shall join, be a
Committee to take this Petition under Consideration, and report— In Council,
Read and Concurred, and Timothv Paine, & John Bradbury Esq" are join.-d in the
Affair."— //>(>/., vol. XXVI.. p. 147.

"Jan. "il, 1700. Upon the Petition of the Inhabitants of South Brimfield as
entered Yesterdav, the following Order passed thi; two Houses In Council. The
Committee appointed upon the within Pet" having reported their Opmiou, that the
Petitioners should have Liberty to bring in a Bill for the Purposes therein men-

876 . Pr.ov_-^cE Laws.— 1765-66. [Notes.]

tioued: The said Report was read and accepted, and Ordered that the Petitioners
have liberty to hrinjj in a Bill accordingly— In the House of Representatives, Read
and Concurred."— /6/f^, ;^. US.

" June U, 1707. A Petition of Edward Webber agent for the East Parish of South
Briinfield— praying for an explanation of tlie Act for dividing the District of South
Brimtield into two sei)arate Parishes: and Setting forth— That there are large
Tracts of Land in the said East Parish, which have been advanced in their value by
means of their building a Meeting house & settling a Minister, towards which the
said Lands have not paid any Tax: and praying for a Tax of three pence #^ acre for
three years on all the Lands in said East Parish, to be applied towards fiuishing the
Meeting house and supporting the Gospel therein.

In the House of Representatives. Read & Resolved That by the Act made in the
sixth year of his present Majesty's Reign for dividing the District of South Crimfield
into separate Parishes; the Inhabitants of the West parish in sUid District are not
freed from any charges that arose in said District by hiring Preaching previous to
the dividing said District into separate Parishes, and previous to the settling a
Minister in that part of the said District, now the East Parish. And that the prayer
of the Petition be so far granted, that the Selectmen or Assessors of the District of
South Brimfield are hereby ordered and impowered to assess all such Sum or Sums of
Money that have not been assessed and have been expended in hiring preaching in
said District before said District was divided into separate Parishes, and before the
settling a Minister in that part of said District now the East Parisli, in proportion
upon the Iidiabitants of the East and West Parish, that are not exempted liy Law
from Ministerial Taxes, and to commit the same to the Constal^le of said District
to collect. And as to the second part of said Petition: It is further Resolved That
the Petitioner insert the substance of that part of the Petition relating to a Land
Tax in two of the Boston Newspapers, notifying the nonresident proprietors of
Lands in the East parish of South Brimtield to shew cause, if any they have, on the
second Tuesday of the next Winter Session of the General Court why the prayer
should not be granted. In Council, Read & Concurred. Consented to by the Gov-
ernor."— Ibid.. V(jI. XXVII., p. 43.

" June 10, 1708. A Petition of Joseph Blodget and others Inhabitants of the west
Parish in South Brimfield of the Congregational persuation — Setting forth— That
the major part of the Inhabitants of the said Parish being Anabaptists assess and
compel the Petitioners to pay towai'ds the support of their iSIiuister. And jn-aying
that they may be exempted from jiaying towards the support or building or repair-
ing their meeting house.

In the House of Representatives. Ordered that Col" Edson, Col" Marcy, M"" Nash,
Col" Milliken and Cap' John Brown who were appointed yesterday to consider this
Petition be joined with such as the honi^'c Board may appoint.

In Council, Read and Concurred and Nath' Sparhawk, Thomas Flucker, Royall
Tyler and Samuel Dexter Esq'" are joined.

A P<;tition of James Lawrence agent for the west Parish in South Brimfield—
Setting forth— That they being mostly of the Baptist persuation, did on the 11"- of
Sei)tein'' 17G5 settle M"' James Mellen as their Minister, and that in 17t>(i this Court
erected two Parishes in S" Brimtield by which Joseph Blodget and thirteen others
of the Congregational persuation were included with them, wlio signed an Agree-
ment or Covenant to be connected with the Baptist Society and to bear their pro-
portion of charge for the support of said M' JMellen,and for the first year paid their
Taxes for that purpose; but refusing the same the 2^ year were distreind upon
ther('for, whereujion the said Josf^jih did on the 20"^ of April last (lommence an
action against the assessors of the said west Parish, which action is now pending.
And iiraying that this Court would (ixplain their Act for erecting the said west
Parish and cause the said Joseph's action to b(! stayed in the meantime.

In tJH! ] louse of Representatives. Ordered that Col" Edson, Col" Marcey.M"" Nash,
Col" iMillik(;n & Cap' John Brown who were appointed yesterday a Committee to
consider this Petition be jointul with such as the lion''''-" Board may appoint.

In Council, Read and Concurred & Nath' Sparhawk Thomas Flucker, Royall
Tyler and Samuel Dext(,'r Es(i" an^ joined in the al'fair." — I hiil., p. :>44.

".lum^ 21, I7(JH. The Committee ajipointed the 10"' instant on the Petition of
Josepli Blo(lg(^t and others Congregationalists of t he west Parish in South Brimtield,
rei)orte(l their opinion that tlw^ said Petition \n\ dismissed.

In t^onneil. Read and accepted: .Vnd Ordered that this I'ctitiou be dismissed
accordingly. In the House of Re|)r(!sentatives, Read & Concurred.

The Committee apjiointed th(^ 10"' Instant on the P(!titiou of James Lawrence
agent for th(^ west I'arish in South P.riinfield being mostly Anabaptists reported
their (i|iiiiion that the said Petition b(\ dismissed.

Ill ('omieil, Read ami accepted and Ordered that the Petition be dismissed accord-
ingly. In lh(! House of Representatives, Read & Concurred." — Ibid., p. 'oil.

ACTS,

Passed 1766 — 67

[877]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-eighth day of May, a.d. 1766.

CHAPTEE 1.

AN ACT FOR GRANTING THE SUM OF THIRTEEN HUNDRED POUNDS
FOR THE SUPPORT OF HIS MAJESTY'S GOVERNOR.

Be it enacted by the Governor, Council and House of Representa-
tives,

That the sum of thirteen hundred pounds be and hereby is granted Grant of £1,300
unto his most excellent majesty-, to be paid out of the public treasury- o*f b'iBnfajesty'e
to his excellency Francis Bernard, Esq'^''^[taVe], captain-general and governor,
governor-iu-chief in and o\cy his majestj's province of the Massa-
chusetts Bay, to enable him to carr}' on the affairs of this government.
[Passed June 12 ; published June 28.

CHAPTEE 2.

AN ACT IN ADDITION TO AN ACT, INTITLED "AN ACT FOR ERECTING
A TOWN IN THE COUNTY OF LINCOLN BY THE NAME OF BRISTOL."

Be it enacted by the Governor, Council and House of Representa-
tives, in General Court assembled,

That the lands contained within the following bounds; viz'^'^, be- Bounds of the
ginning at a place called Brown's Cove, on the easterly side of Dama- J,«cirtafn'^dr'°''
riscolta River, at the head or north-east part of said cove, at a stake i"6a-66, chap. 8.
and heap of stones, being the northerly bounds of the town of Bristol ;
thence, running, east, according to the present direction of the magnet-
ick needle, being north, six degrees and [an] half west, eleven hundred
and twenty poles, to a white-birch tree standing on the westerly bank of
Pcmaq[a][«]id Great Pond, so called; thence, over said pond, to a
(by birch-tree standing on the eastern bank of the said pond; thence,
running, northerly, on the bank of said pond, until it cometh to the mouth
of the river that runneth out of the Upper Pond, so called, into the
Cireat Pond aforesaid ; thence, running, northerh', up the said river, one
hundred and twenty poles, to a stake standing near the said river,- being
John Martyn's north-west corner-bounds ; thence, running, south-east,
six hundred and twenty poles, to a stake standing on Jacob Eaton's
line ; thence, running, north-east, eighty-four poles, to a stake standing
in a fresh meadow ; thence, running, south-east, two hundred and four
poles, to the eastern creek of Broad Cove, so called, on Muscongus
Kiver, to a pine-tree marked on four sides, being said Eaton's north-
east corner-bounds (the three last-mentioned lines dividing between

879

880

pROVTKCE Laws. — 1766-67.

[Chap. 3.]

the English and Dutch settlements) ; from thence, southerh', down the
western shore, on said Muscongus River, to Round Pond, as the
sho[a]r[e] l[y][i]eth, to the bounds mentioned in the act for incorpo-
rating the said town of Bristol ; and from thence, a direct line to the
bounds first mentioned, — be and hereby' are annexed to the said town
of Bristol, in the county of Lincoln, with all the inhabitants thereon,
who hereby are and shall be subjected to do duty and intitled to receive
privile[d]ge equal with other inhabitants of the said town of Bristol,
to all intents and purposes whatsoever. \_Passed .June 19.

CHAPTEE 3.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF ONE
HUNDRED AND FIFTY-SEVEN THOUSAND POUNDS, TO BE APPLIED
FOR THE REDEMPTION OF GOVERNMENT SECURITIES THAT WILL
BECOME DUE IN THE YEAR OF OUR L0RI3 ONE THOUSAND SEVEN
HUNDRED AND SIXTY-SEVEN.

Trcasuty sup-
plied with
£157,000.

1749-50, chap.
19.

Form of the

treasurer's

notes.

Treasurer to
observe the dl-
reclioiiH of the
act (;f llu; second
of his present
inajeHty.
17GI-C'J, chap.
23.

Money bor>

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

[Sect. 1.] That the treasurer of the province be and he hereby is
directed and impowered to borrow, of such person or persons as shall
appear read}' to lend the same, from time to time, as he shall have
occasion for the money, a sum not exceeding one hundred and fift}'-
seven thousand pounds, in mill'd dollars at six shillings each, or in the
several species of coined silver and gold enumerated in an act made
and passed in the twenty-third 3'ear of his late majesty King George
the Second, intituled "An Act for ascertaining the rates at wliich
coined silver and gold, English halfpence and farthings, may pass within
the government; " and the sum so borrowed shall be api)lied in man-
ner as in this act is hereafter directed ; and for the said sum the
treasurer shall give his receipt or obligation in the form following : —

Province of the Massachusetts Bay, the day of , A.D.

Borrowed and received of the sum of , for the use and

service of the province of the j\Iassachusetts Bay ; and, in behalf of said prov-
ince, I do promise and oblige myself and successors in the office of treasurer,
to repay the said or to his order, the [20] \_lwentic']\.\\ day

of June, one thousand seven hundred and sixty-eight, the aforesaid sum of
, in Spanish mill'd dollars at six shillings each, or in the several
species of coined gold and silver enumerated in an act made and passed in
the twenty-third year of his late maj(>sty King (Jeorge the Second, intituled
"An Act for ascertaining the rates at which coined silver and gold, English
halfpence and farthings, may pass within the government," and according to
the rates therein mentioned, with [the'] interest, annually, at five per cent.
Witness my hand. H. G., Treasurer.

A. B.,)

C. D., > Committee.

E. F.,>

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

[Sect. 2.] And the treasurer, in issuing said receipts and obliga-
tions, and the committee chosen to countersign them, shall observe and
be governed by the rules and directions given them by an act of tiiis
province, made in the second year of his present majesty's reign, in-
tit[(t]led "An Act to supply the treasury with the sum of twenty-fivo
thousand pounds."

And be it farther enacted,

[Sect. 3.] That the said sum of one hundred and fiftj^-seven thou-

[IsT Sess.]

Province Laws.— 17(i6-67.

881

sanil pouuds, ordered to be borrowed bv this act, when received into
the treasury, shall be api)lied by the treasurer for the redemption of
government securities that will become due in June, one thousand
seven hundred and sixty-seven.

And in order to draw said money into the treasury aijain, and enal)le
the treasurer etrectually to discharge the receii)[t]s aiid obli<ratious (with
the interest that may be due thereon), by him given in purs^uince of this
act, we, his majesty's most dutiful ami loyal subjects, the representa-
tives of the province of the Massachusetts Bay, in great and general
court assembled, have chearfully given and granted unto his most ex-
cellent majesty a tax of one hundred and sixty-five thousand eigiit
hundred and fifty pounds, to be levied on polls, "and estates ])olh ival
and personal, within the province, according to such rules, and in such
proi)ortions on the several towns and districts within this province,
as shall be agreed on and onlered by the great and [and] general court
or assembly at their session in May, one" thousand sevenlmndred and
sixty-seven, and to be paid into the public treasury on or before the
thirty-tirst day of March, one thousand seven hundred and sixty-ei'i-ht ;
and pray that it may be enacted. ' °

-i^'xl be it accordinghj enacted by the Governor, Council and Hoxise of
Representatives,

[Sect. 4.] That there be and hereby is granted unto his most
excellent majesty a tax of one hundred and sixty-five thousand ei^dit
hundred and fifty pounds, to l)e accordingly levied on polls, and esta'tes
both real and personal, within the province, according to such rules,
and in such proportions on the several towns and districts within this
pro\iuce, as shall bo agreed on and ordered by the general court or as-
sembly at their sessions in May, one thousand seven hundred and sixty-
seven, and to be paid into the public treasury on or before the thirty-
first day of March, one thousand seven hundred and sixty-eio-ht.
And be it further enacted, ^ '°

[Sect. 5.] That if the general court, at their sessions in May, one
thousand seven hundred and sixty-seven, and some time before the
twentieth day of June in said year, shall not agree and conclude upon
an act apportioning the sums which by this act arc engaged to be paid
in said year, apportioned, assessed and levied, then and in such case
each town and district within this province shall pay, by a tax to be
levied on the polls, and estates both real and personal, within their
limits, the same proportion of the said sum as the said towns and
districts were taxed by the general court in the tax act then last pre-
ceeding.

[Sect. 6.] And the province treasurer is hereby impowered and
directed, some time in the month of June, in the same year, one thousand
seven hundred and sixty-seven, to issue and send fbrth his warrants,
directed to the assessors or selectmen of each town and district within
this province, requiring them to assess the polls, and estates both real
and personal, within their several towns and districts, for their respective
parts and proportions of the sums before directed and eniraged to lie
assessed, to be paid into the treasury at or before the aforementioned
lime ; and ine assessors, as also persons assessed, shall observe, be
governed by, and subject to, all such rules and directions as shall have
been given in the then last preceeding tax act. {Passed June 27:
published June 28.

rnwed, to bo
apniii'.l for the
rcilfiiiplioii of
KovcniniL'iil bc-
uuriliea.

T;ix KraiitcU foi
tliu siini bor-
lowcil, to be
paid into the
treasury :sist
Marcb, 1708.

If the court pliall
not ai)i)ortion
the tax ill May,
1767. the tax "
shall tlicii ho
.apportioned as
in the tax aet
preceding.

Province treas-
urer to ismie hii
warrants ac-
cordingly.

882

Peovince Laws.— 1766-67

[Chap. 4.]

CHAPTER 4.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF EIGHTEEN
THOUSAND POUNDS.

Preamble.

Treasury sup-
plied with
£18,000,

How appro-
priated.

Treasurer to
pay the money
out of the up-
proi>riation3
diri'clcd by
warraul.

Whereas no proWsion is made to defrej' the charges of government
for the present ^ear ; and whereas the treasurer has represented to this
court, that, when the taxes for the year one thousand seven hundred
and sixtj'-five are paid into the treasur}-, with the excise upon spirituous
liquors, there will be a surplusage in the treasur}- of at least eighteen
thousand pounds, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the treasurer be and he hereb}- is directed to
apply the aforesaid sum of eighteen thousand pounds to defre^' the
charges of government for the ensuing year, to bo issued in the manner
following ; that is to say, the sum of seven thousand and five hundred
pounds, part of the aforesaid sum of eighteen thousand pounds, shall be
applied for the pa3'ment of grants made or to be made by this court ;
antl the further sum of three thousand and three hundred pounds, part
of the aforesaid sum of eighteen thousand pounds, shall be applied for
the pa3-raent of his majesty's council and the members of the house of
representatives serving in the great and general court during the several
sessions of the present year ; and the further sum of five hundred
pounds, part of the aforesaid sum of eighteen thousand pounds, shall be
applied for the purchasing [of] provisions and the commissary's dis-
bursements for the service of the several forts and garrisons within
this province ; and the further sum of fifteen hundred pounds, part of
the aforesaid sum of eighteen thousand pounds, shall be applied for the
discharge of debts owing from this province to persons who have served
and shall serve them, by order of this court, in such matters and things
where there is no establishment nor an}' certain sum assigned tliera for
that purpose, and for paper, writing and printing for tliis court, and
repairs of the province-house, court-house, lighthouse, wood at Castle
William, and repairs of fortifications within this province ; and the
fin-ther sum of four thousand pounds, part of the aforesaid sum of
eighteen thousand pounds, shall be applied for the payment of [the]
expences of the several forts and garrisons within this province ; and
the further sum of eleven hundred pounds, part of the aforesaid sum of
eighteen thousand pounds, shall be applied for the payment of the
bounty upon wheat and flour ; and the further sum of one hundred
pounds, part of the aforesaid sum of eighteen thousand pounds, shall
be applied to pay such contingent and unforeseen charges as may arise,
and for no other purpose whatever.

And be it further enacted,

[SiXT. 2.] That the treasurer pay the aforesaid sura of eighteen
thousand pounds out of sucli ai)i)ropriations as shall be directed by
wairant, and no other; and the secretary to whom it belongs to keep
the muster-rolls and account of charge, shall lay before the house of
rei)resentatives, when they direct, such muster-rolls and accounts of
charge, after payment thereof. [^Passed June 27 ; published June 28.

[1st Sess.]

Province Laws.— 1766-67.

883

1707.

rrriimlilo.

1764-OJ, clmp.

30.

1766-66, chap.

CHAPTEK 5.

AN ACT FOR REPEALING TWO ACTS, ONE, INTIT[U]LED "AN ACT FOR
PREVENTING FRAUD IN DEBTORS, AND FOR SECURING TlIK EF-
FECTS OF INSOLVENT D]'.1JT0RS FOR THE BENEFIT OF TlIl'.IR
CREDITORS," THE OTHER ACT, INTIT[U]LED "AN ACT IN ADDFIION
TO 'AN ACT FOR PREVENTING FRAUD IN DEBTORS, AND FOR SF-
CURING THE EFFECTS OF INSOLVENT DEBTORS FOR THE BFNKFIT
OF THEIR CREDITORS,'" BOTH MADE IN THE FIFTH YEAR OF HIS
PRESENT MAJESTY'S REIGN.

Whereas In' experience it has been found that the two acts juado nuaiiowci by
in the fifth year of Iiis present majesty's reign, for prevcntinir fraud in [.''i'^' Sli'i^oT'""
debtors, and for securing the effects of insolvent debtors for the Ix-nt-- ""'"
fit of their creditors, have not answered tlie good purposes therein
designed, —

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

[Sect. 1.] That the two acts aforesaid be and hereby are repealed, Twoacure-
and every clause and paragraph therein. ptaiod.

Provided, nevertheless. —

[Sect. 2.] That this act shall not be so construed as to extend to
any case where trustees have been already appointed, or where applica-
tion, agre[e]able to law, has been heretofore made to either of the
justices of the superio[v«]r court, for any person or persons that are
intitled to the benefit of said acts. [^Passed June 27 ; published June 28.

" These, my Lord.s, are the reasons assigned V)y His Majesty's Governor for pass-
ing these Laws ; and upon a full consideration thereof, and a due attention to the
Laws themselves, tli(>y did ajijiear to us to he, both in their jirinciple and provision,
just and necessary Regulations; and it was a great satisfaction to ns to see the
Legislature of this Province adopting a measure, calculated in general to give sta-
bility to public credit and security to the Foreign Creditor.

As it appeared however that the Laws were of temporary duration, we thought
it advisable to suffer them to lye l)y probationally, trusting that what the Province
hatl for the present only adopted as an experiment, would have been found so con-
venient and advantageous as might have induced a future Law, Ity wliich a pro-
vision in cases of Insolvency might have been made in this (as it is in most other
Colonies) a permanent part of the Constitution; Your Lordships however will olv
serve, that, liy the Act which we now lay before you, lioth these Laws, represented
by His Majesty's Governor to have lieen so essential to public credit and the
security of the foreign Creditor, are entirely set aside, upon a general suggestion of
inconvenience, unaccompanied with any representation of what that inconvenience
was, or without any clause suspending the execution of this Act of repeal, until His
Majesty's pleasure could have been known; and therefore wo beg leave to recom-
mend to Your Lordships to advise His Majesty to reject it."— Report of Lords of
Trade, June 2(j, 17G7: "Mass. Bay, B. T.," vol. 8G, p. 223, in Public-Record Office.

CHAPTER 6.

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF FORTY THOU-
SAND POUNDS; AND ALSO FOR APPORTIONING AND ASSESSING A
TAX OF TWO THOUSAND FIVE HUNDRED AND FIFTY-THRKE
POUNDS TWO SHILLINGS AND SIXPENCE, PAID THE REPRESFNT.V-
TIVES FOR THEIR TRAVEL. SERVICE AND ATTENDANCE IN THE
GENERAL COURT IN THE YEAR ONE THOUSAND SEVEN HUNDRED
AND SIXTY-FIVE; ALSO FOR APPORTIONINfJ AND ASSESSING A T.VX
OF NINETY-EIGHT POUNDS SEVEN SHILLINGS, LAID UPON TOWNS
THAT HAVE NOT SENT ANY PERSON TO REPRESENT TIIE.M IN THE
GENERAL COURT THE PRESENT YEAR; (.-1»]ND ALSO, FOR ASSESS-
ING THE TOWN OF SWANZEY THE SUM OF FIFTY POUNDS, BEING
PART OF THE SUM OF THREE HUNDRED POUNDS LENT SAID TOWN

88-i PEOvmcE Laws.— 1766-67. [Chap. 6.]

IN THE YEAR ONE THOUSAND SEVEN HUNDRED AND SIXTY-FOUR;
AND ALSO, [FOR .46*]SESSING THE TOWN OF DEERFIELD THE SUM
OF TWENTY-FIVE POUNDS SEVENTEEN SHILLINGS AND ONE PEN-
NY, PAID OUT OF THE PUBLIC TREASURY TO JOHN WORTHINGTON,
ESQCH]., AND OTHERS, A COMMITTEE TO ENABLE [TIIEM TO*] RUN
THE LINE BETWEEN DEERFIELD AND HUNT'S TOWN; AND ALSO,
FOR ASSESSING THE SUM OF TEN POUNDS TWO SHILLINGS AND
SIXPENCE ON THE DISTRICT OF NEW SALEM, BEING SO MUCH PAID
THE SELECTMEN [OF &'C/:V^*]DERLAND IN FULL OF ANY DISPUTES
BETWEEN THE TOWN OF SUNDERLAND AND DISTRICT OF NEW
SALEM, RELATIVE TO REPRESENTATIVES' PAY; AND ALSO, FOR AS-
SESSING THE SUM OF THIRTY-SIX POUNDS [^V/*]NETEEN SHILLINGS
AND TENPENCE HALFPENNY ON THE TOWN OF FALMOUTH, AND
THE SUM OF SIX POUNDS NINE SHILLINGS AND FOURPENCE ON
THE TOWN OF NORTH YARMOUTH, AND THE SUM OF FIVE POUNDS
FIFTEEN SHILLINGS AND TWOPENCE ON THE TOWN OF BRUNS-
WICK, MAKING IN THE WHOLE THE SUM OF FORTY-NINE POUNDS
FOUR SHILLINGS AND FOURPENCE HALFPENNY, BEING A TAX RE-
MITTED GORHAMTOWN, FOR THE YEAR ONE THOUSAND SEVEN
HUNDRED AND SIXTY-FOUR, AND ORDERED TO BE ADDED TO THE
PRESENT YEAR'S TAX OF THE SEVERAL TOWNS AFORESAID, AND
IN MANNER AFORESAID; WHICH TAXES ARE TO BE OVER AND
ABOVE THEIR PROPORTION OF WHAT WAS LAID ON SAID TOWNS:
WHICH SUMS AMOUNT TO FORTY-TWO THOUSAND SEVEN HUN-
DRED EIGHTY-SIX POUNDS THIRTEEN [,S7/*]ILLINGS AND FIVE-
PENCE HALFPENNY.

Whereas the great and general court or assembly of this province,
1705-66, chap. 9, bv an act made and passed at their sessions in Ma}-, one thousand
5*' seven hundred and sixty-five, on the grant of the house of representa-

tives, agreed upon and ordered a tax of one hundred and ninety-so\-eii
thousand pounds ; and ivhereas bj^ the act aforesaid provision is made
that the general court, at their present session, might apportion the
same on the several towns, districts, parishes and places within tliis
province, if they should think fit; jT't inasmuch as such a heavy tax
will be extremely burthensome to the iuliabitants of this in-ovince. under
theii' present distressed circumstances, and as some of the possessors
of the government securities, for the redemption of which the aforesaid
sum of one hundred ninet3'-seven thousand pounds is appUed, are will-
ing to continue their money upon loan, payable at a further period,
which, with the tax of Ibrty thousand pounds now agreed to be assessed
and levied this year, will be sufficient to redeem the government secu-
rities, with the interest thereon, which will become due in June, [17G7]
[o»e thousand seven Jmndred and sixtij -seven'] ; wherefore, for the
ordering, directing and effectually drawing in the sum of forty-two
thousand seven hundred eighty-six pounds thirteen shillings and five-
jjcuce luilfi)enn3', and to the end that the same ma}' be apportioned,
assessed and levied in the easiest manner we are able, for the benefit of
his majesty's subjects, and also that his majesty's government within
this province may have the better and more speedy etfect of said giant,
we, his majesty's most loyal [IJ and dutiful subjects, the representatives
in general court assembled, pray that it m.ay be enacted, —

A)id be it accordinghj enacted by the Governor, Council and House
of Representatives,

[Sect. 1.] That each town, district, parish or other place within
this province be assessed and pay, as such town, district, parish and
place's proportion of the sum of forty-two thousand seven hundixnl
and eighty-six pounds thirteen shillings and fivepcncc halfpenny, the
several sums following ; that is to say. —

* Parclnoent mutilatud.

[1st Sess.]

Province Laws. — 1766-67.

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Peovince Laws.— 1766-67.

[Chap. 6.]

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[IsT Sess.] Province T.aws.— 1700-07. 897

[^l*]ucZ he it further enacted,

[Sect. 2.] That the treasurer do forthwith send out his warrants, Ruit«foro««c«»
ilirocted to the selectmen or assessors of each town, district, parisli or """'"''
other place within this province, that are [^«x*]ed, requiring tliein, re-
siK'ctively, to assess the sum hereby set upon sucli town, district, parish
or other place, in manner following ; that is to say, to assess all rate:il)Ic
polls above the age of sixteen years, wiliiiii their rcspcftive towns, dis-
tricts, parishes or other places, or next adjoining U) tlicui, bi-longing to
no other town or place, at five shillings and fourpcncc, and proportion-
ably in assessing the additional sum paid out of the treasury to the rep-
resentatives, for their travel and attendance aforesaid (excepting the
governor, lieutenant-governor and their families, the presidt-ut, f^'llows,
[)rofessors, Hebrew instructor and students of Ilai-vard College, settled
ministers and granini[e] [f']r-scliool masters, who are licreliy exeiuplcd
as well from being taxed tor their polls, as their estates l)eing in their own
luuuls. and under llu'ir actual nKiuagcMU'nt and im|)rovenK'ut ; as also
the estate i)ertaining to Harvard College) ; and other i)ersons, if such
there be. who, through age, inlirmity or extreme poverty, in the judg-
ment of the assessors, are not able to pay towards i)ublic[!v] charges,
thev may exera[)t their polls or estate, or abate part of what they are
set at, as in their i)rudence they shall think lit and judge meet.

[Sect. 3.] And the justices in their general sessions, in the respec-
tive counties assembled, in granting a county tax or assessment, are
hereby ordered and directed to apportion the same on the several
towns, districts, parishes and other places in such county, in proi)ortion
to the province rate ; and the assessors of each town in the province
are also directed, in making an assessment, to govern themselves by the
same rule ; and the incomes of all estates, both real and personal, lying
within the limits of such town, district, parish or other place, or next
unto the same, not paying elsewhere, in whose hands, tenure, oecu|)a-
tion or possession the same is or shall be found ; and also the incomes
or profits which an}- person or persons, except as before excepted, do
or shall receive from any trade, faculty, business or employment what-
soever, and all profits which shall or may arise liy money, or commis-
sions of profit, in their improvement, at twelvepence \wt pound ; and to
abate or multiph' the same, if need be, so as to make up the sum set
and ordered hereby for each town, district, parish or other jjlace to
pay ; and in making the said assessment, to estimate houses and lands
at six years' yearly rent whereat the same may be reasonably set or let
for in the place where they lye : sdviiuj all agreements Itetween land-
lord and tenant, and where no agreement is, the landlord to reim-
burse one-half of the tax set upon such houses and lands (new cleared
lands for tillage not to be rated until the first crop l)e taken off) : and
to estimate negro, Indian and molalto servants proportional ily as other
personal estate, according to their sound judgment or discretion ; as
also to estimate every ox of four years oltl and upwards, at forty shil-
lings ; every cow or heifer of three years old and upwards, at thirty
shillings; and every [/<'>/•*] se and mare of three years old and upwards,
at forty shillings; and every swine of one year old and upwards, at
eight shillings ; goats and sheep of one year old and upwards, at three
shillings each ; [the se*]veral creatures al)ove mentioned to be taxed to
their respective owners or occui)ants, by the assessors of the town in
which the owners or occupants dwell: likewise requiring the said
assessors [to maJcc*^ a fair list of said assessment, setting forth, in dis-
tinct columns, against each particular person's name, how much he or
she is assessed at for polls, and how much lor houses and lau<ls. and
how [m.uchfor*^ personal estate, and income by trade or faculty ; and
• Parchment mutilated.

898

Province Laws. — 1766-67.

[Chap. 6.]

Inhabitants to
biin^ in a true
list of polls,
estate, &c.

if as guardians, or for any estate, in his or her improvement, in trust,
to be distinctly expressed ; and the list or lists so perfected, and signed
[% thevi*^, or the major part of them, to commit to the collector, or
constable or constables of any such town, district, parish or place, and
to return a certificate of the name or names of such collector, [co?t-
stab*^\e or constables, with the sum total to each of them committed,
unto himself, some time before the last da}' of November next.

[Sect. 4.] And the treasurer, for the time being, upon receipt of
such [cert?/*]icate, is hereby [e][i]mpowered and ordered to issue
forth his warrants to the collector, [o/-] constable or constables of such
town, district, parish or place, requiring him or them, respectively, to
[coZ/e*]ct the whole of each respective sum assessed on each particular
person, and to pay in their collection, and issue their accompts of the
whole, at or before the thirtieth day of March, [lo/^/c/t*] will be in the
year of our Lord one thousand seven hundred and sixt^-seven.

And be it further enacted,

[Sect. 5.] That the assessors of each town, district, parish or other
place, respectively, in convenient time before their making of the
assessment, shall give [se*]asonable warning to the inhabitants, in a
town-meeting or by posting up notifications in some jilace or places in
such town, district, parish or place, or notif)* the inhabitants some other
way, to give or bring in to the assessors true and perfect lists of their
polls, and rateable estate they shall be possessed of, on the first Monday
[of] [/>/] September next, and income by trade [and] \^or'] faculty, and
gain by mone}' at interest, which they are to render to the assessors, on
oath, if required ; and if the}' refuse to give in an account of the money
at interest, on oath, the assessors are [e] [Qmpowered to doom them;
and if any person or persons shall neglect or rel'use so to do, or bring in
a false list, it shall be lawful to and for the assessors to assess such
person or persons, according to their known ability in such town, in
their sound judgment and discretion, their due proportion of this tax, as
near as they can, agre[(?]able to the rules herein given, under the pen-
alty of twenty shillings for each person that shall be convicted by legal
proof, in the judgment of said assessors, in bringing in a false list ; the
said fines to be for the use of the poor of such town, district, parish or
place where the delinquent lives, to be levied l)y warrant from the assess-
ors, directed to the collectors or constables in manner as is directed for
gathering the town assessments, to be paid into the town, district or
parish treasury, for the use aforesaid : saving to the i)arty aggrieved at
the judgment of the assessors in setting forth such fine, liberty of
appeal therefrom to the court of general sessions of the peace within the
county, for relief as in the case of being overrated. And if any person
or persons shall not bring in a list of their estates as aforesaid to the
assessors, he or they so neglecting shall not be admitted to make appli-
cation to the court of general sessions, for any abatement of the assess-
ment laid on him or them.

[Sect. G.] And if the person be not convicted of any falseness in
the list l)y him presented, of the polls, rateable estate, or income by trade
or faculty, l)usiuess or employment, which he does or shall exercise, or
in gain b}' money at interest or otherwise, or other estate not particu-
larly assessed, such list shall be a rule for such person's proportion lo
the tax which the assessors may not exceed.

And fornsmuch as, oftentimes, sundry persons, not belonging to this
province, bring considerable' trade and merchandize into the same, and
by reason that the tax or rate of the town where they come to is fin-
ished and delivered to the constable or collectors, and, liefore the next
year's assessment, are gone out of the province, and so pay nothing

• rarcliini'iit iniitilatetl.

[1st Sess.] Province Laws. — 1700-07. 899

towards the su{)port of Ihc govorniiicnt, tlio'[iiji;li], in the timo of their
residing here, Ihey reapetl considerable gain by trade, and Imd the pro-
tection of the government, —

Be it therefore enacted,

[Sect. 7.] That when any person or pei"sons shall conic and reside TranHient
in any town within this province, and bring an}' merchandize, or trade nucj" ""*"
to deal therewitii, the assessinvs of such town are licreby [c][(]m-
powered to rate and assess all such persons, according to tlieir circum-
stances, pursuant to the rules and directiijus of this act provided,
though the former rate may have been linished, and a new one not per-
fected, as a\_ foresaid.*']

And be it further enacted,

[Sect. 8.] That when any merchant, trader or factor, shall set up Morchunu lo bo
a store, and traHlc[A], or carry on any trade or l)usiness, in any town [,"^'','!^^'raM'.! in"
within this province, not being an iuiiabitant of [.s«c/i toiun, the*] anv town be-
assessors of such town where such trade [or] [rnuZ] l)usiness shall be ti,Vy''dw"ih
carried on as aforesaid, be and hereby are [e][?]mpowered to rate and
assess all such merchants, traders ami factors, their goods and mer-
c]iiind\_izes, for carrying*] on such trade and business and exercising
their laculty in such town, pursuant to the rules and directions in this
act : 2^1'ovided, before any such assessors shall rate sucii persons, as
aforeuiention[e(?, the selectmen*] of the town where such trade is car- Selectmen to
ried on shall transmit a list of such persons as they shall judge may of'HiTciiV''K""'''
and ousfht to be rated, within tiie intent of this act, to the assessors of before th.-y aru

T r • *.n rated.

such town or disLf>'«c<.*J

[Sect. 9.] \^And the foH.s*] tables or collectors are hereby enjoined
to levy and collect all such sums committed to them, and assessed on
persons who are not of this province, or are residents in other towns
than th[ose ivhere they carry on their trade, and pa*]y the same.

\_And where*]as it has been the practice of some of the inhabitants
of the town of Boston to remove to some other town in this province,
and there reside for some months, to avoid paying their part of the
taxes in the town of Boston, \_to lohich they*] really belong, to the great
injury of the said town, —

Be it therefore enacted,

FSect. 10.1 That when anv inhabitant of the town of Boston shall liibnbitant» of

L -J , . , '. . 1 1 1 1 • c. Boston wiio re-

remove to anv other town m this province, and shall, in one year atter, niove.mtof

remove back'to said Boston, and shall have been taxed in the {s,iid l;;^;;';.;!:,';'^;;'";^"

<*]own, [he] shall be sul)ject to pay [the] said taxes, in like manner as «»iaua I'n iheii

he would have l)een had lie not have lemovetl from said Boston {sarinr/ '°'*"-

so much as he shall be taxed in the town [he] removed to), anytiiing

in this act to the [_contra*]vy notwithstanding. IPassed June 27.

CHAPTER 7.

AN ACT FOR REVIVING AND CONTINUING AN ACT MADE IN THE
FOURTH YEAR OF HIS PRE.SENT MAJESTY, INTITLED "AN ACT FOR
ALLOWING NECESSARY SUPPLIES TO THE EASTERN INDIANS, AND
FOR REGULATING THE TRADE WITH THEM, AND PREVENTING
ABUSES THEREIN."

Whereas an act made in the fourth year of his present majesty's |^^»''^:
reign, intitled '• An Act for continuing and amending an act for allow- ^^
ing necessary supplies to the eastern Indians, and for regulating the
• Parchment mutilated.

900

PEovmcE Laws.— 1766-67.

[Chap. 8.]

Act continued.

trade with them, and for preventing abuses therein," has been found
useful and beneficial, and is now expired, —

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

That the said act, in all and every article and clause, matter and
thing, be and is hereby revived, and shall be in force until the thirtieth
of June, which will be in the year of our Lord one thousand seven
hundred and sixtj'-seven. \_Passed and published June 28.

CHAPTER 8.

AN ACT TO PREVENT FRAUDS BY THE ADULTERATION OF POTASH

AND PEARLASH.

Preamble.
1754-55, chap.
26.

Casks to be
branded,

—in the pree.
once of the
carrier,

— who shall
make oath.

Justice to certi-
fy the same.

Pcnnlty on mlx-
ine or adultcr-
aling.

Justice, upon

Whereas the manufacture of potash and pearlash is of great impor-
tance to this government, and as there are great complaints of gross
adulterations in said manufacture, which, if not prevented, may not only
be of great disadvantage to the province in general, but to honest and
industrious individuals, and wholl}' destroy' that valuable branch of
manufacture, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That every manufacturer or original owner of an}'
potash or pearlash made for sale, shall, upon each cask or vesscl[l],
in which such potash or pearlash shall be packed, cause the same to be
bi'anded with the first letter of his Christian name, and with his sirname
at length, as also the name of the town or district in which such potash
or pearlash was made ; and every jjcrson offering to sell any potash or
])earlash, the cask or vessel [IJ in which the same is contained not being
branded, as aforesaid, shall forfeit and pay the sum of five pounds.

And be it further enacted,

[Sect. 2.] That the branding of each cask of i)otash or pearlash,
as hcreinbelbrc b}' this act required, shall be done in the presence of
the person who shall be employed to convey the same to market, and at
the time of his taking the same into his possession ; and such person
shall, at the delivery thereof at the market, make oath, before a justice
of the peace, that the several ciisks of potat^h or pearlash by him so
delivered, were branded by the manufacturer or vender thereof, in his
presence, and at the time of his receiving them for transportation, and
that they have been in his custodjs and, so far as he knows, not been
opened, from the time of his first taking the same into his charge ; and
such justice shall deliver a certificate of such oath, if desired, to the
person or persons who may purchase such commodit}", for which cer-
tificate and oath he shall be allowed one shilling.

And be it further enacted,

[Sect. 3.] That any person who shall adulterate any potash or
jx-ailash, by mixing the same with any lime, marine salt, or any other
matter foreign to tlie nature of those commodities, or by any other way
or manner what [no] ever, and afterwards oficr the same to sale, shall
forfeit and i)ay a sum not exceeding tliirty i)omids nor less than five
pounds, acc6rding to the nature of the offence, for each ton thereof,
and so, in proportion, for any greater or smaller quantity of potash or
l)earlash.

And ho it further evarfed,

[SixT. 1.] 'i'hal in cases where a strong suspicion of adulteration

[1st Sess.] Province Laws.— 17G6-G7.

901

arises, in citlicr potash or poarlasli, if any c-rc'dible person shall make
complaint to a justice of the peace, in the county where such potash or
pearlash shall be offered to sale, it shall be in the power of such justice,
iirst taking sufficient security of the person so conii)laining:, to respond,
and pay the person or persons whose potasii or pearlash shall be so
suspected and complaiuetl of, all his or their reasonable charge and cx-
pence, and the damage that shall arise, by reason of said complaint, or
for not prosecuting the same, provided the potash or pearlash, supposed
to be adulterated, appear, u[)on trial, to be good ; and he is hereliy en-
joined to make out a warrant, directed to the sheriff, his undersiierilf
or deput}-, or either of the constables of the town, requiring them, or
either of them, to seize, and take into their custody, so much of the
contents of any and every cask of potash or pearlash, not exceeding
the quantity of two pounds, out of each sus|)ected cask, as may be
necessary in order to the conviction of any offender against this act.

And be it further enacted,

[Sect. 5.] That the master or owner of any ship or vessel, who shall
receive on board the same any potash or pearlash. the cask containing the
same not being branded as aforesaid, shall forfeit and pay the sum of
five pounds for each cask, excepting such potash or pearlash as is now
in the hands of any person who has already purchased the same ; in
which case the shipper shall, bond Jide, make oath, before any one of
tis majesty's justices of {_the'] peace who is impowered hereby to ad-
minister said oath, that the said potash or pearlash was purchased
before the twentieth da3- of Jul}', one thousand seven hundred and
sixt3'-six.

And be it further enacted,

[Sect. 6.] That all fines and forfeitures arising b}' the breach of
this act, shall be applied, one moiety thereof to and for the use of this
government, and the other moiet}- to and for the use of the prosecutor ;
to be recovered b}- action, bill, plaint or information, in an}' of his
majesty's courts of record.

[Sect. 7.] This act to be in force from the twentieth day of Jul}'
next, until[l] the twentieth day of July, Anno Domini one thousand
seven hundred and sixty-seven. [^Passed and published June 28.

comphitnt, to
require i-ecnrlly
of llie i'(iiii|ilain-
nnt to proHecnto,

•Justice lo Ihbuo
IiIh warrant to
Uikv out U hUf-
ficieiil qu:ililily
to make trinl.

Penally on ro-
ccivini; iilioard
any oorks not
branded.

Forfeitures ap-
plied.

CoDtiouation of
the act.

902

Pnov^iNCE Laws.— 1766-67.

[Chap. 9.]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-ninth day of October, A.D.
1766.

CHAPTEE 9.

I'lcamble.

Bounds of
Mendon, South
I'rccinct.

AN ACT TO ERECT THE SOUTH PART OF THE FIRST PRECINCT IN
THE TOWN OF MENDON, IN THE COUNTY OF WORCESTER, INTO A
SEPARATE PRECINCT.

Whereas the erecting the south part of the first precinct in the
town of Mendon, in the count}- of Worcester, into a separate i)recinct,
would serve to remove man}' difficulties and inconveniences which the
inhabitants labour under, —

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

[Sect. 1.] That the said inhabitants, with their lands, containing
one-half the lands in said first precinct, bounded as follows ; viz^'^., be-
ginning at the south-west corner of Mendon, run[»]ing, north, on Ux-
bridge line, three miles, one hundred and twenty-eight rods, to a heap of
stones on Capt[ant] Daniel Taft's farm ; then, turning, and run[?i]ing,
east, eight degrees south, to a heap of stones b}- the road leading from
Thomas Taft's to John Boyce's ; continuing, the same point, to a heap of
stones by the road leading from Dam Swamp to Ensign Benjamin Dar-
ling's ; continuing, the same point, to a heap of stones on the east side
of the road called Rehoboth Road, south of Darius Daniel's orchard ;
continuing, the same point, to a pitch-pine tree at or near Belli ngham
line ; together with the larm belonging to the heirs of Capt. Daniel
Tafls, deceased, and Joseph Daj-'s farm, both lying on the north side
of said line, — be and herel\v are erected into a i)recinct l)v the name of
the South Precinct ; and that the inhabitants of the said South rreciact
be and hereby are invested with all the powers and privile[d]ges, and
subjected to all the duties, that precincts in this province, by law, are
invested with and sul)jected to.

Be it further enacted,

[Sect. 2.] That Nathan Tyler, Esquire, be and hereby is im-
powered to issue his warrant, directed to some jirincipal inhal)ilant
within said precinct, requiring him to warn the inhabitants of said pre-
cinct, qualified to vote in precinct affairs, to assemble at some suitable
time, and place in said precinct, to chuse such officers as are necessary
to manage the affairs of said precinct. ^Passed November 8.

[2d Sess.] Province Laws.— 1766-67. 903

CHAPTEK 10.

AN ACT FOR GRANTING COMPENSATION TO THE SUFFERKIIS, AND
OF FREE AND GENERAL PARDON, INDEMNITY AND OBLIVION TO
THE OFFENDERS IN THE LATE TIMES.

Whereas the king's most excellent majestj*, taking into his gracious r)i«aiiowcj<'cts "»"• '* '
have thereby greatly sufTered in their i)ru|)eity, and otiicrs have fallen ^''■'-■"'"'*'"-
into and arc ©bnoxious to great pains and penalties, — out of a heartv
and pious desire that such sufferers be compensated, and to put an end
to all suits, controversies and prosecutions, that, by occasjcMi of the late
distractions, have arisen or may arise between any of his mnjcstv's
subjects, and to the intent that a veil be drawn over the late uiihai)pv
excesses, — has been graciously pleased to signify his desire to forgive
and forget them ; at the same time, of his abundant clemency, recom-
mending a compensation to the sufferers in their property, with such a
conduct, in general, as shall be, at this great crisis, the best means of
fixing the mutual interest and inclination of Great Britain and her colo-
nies on the most firm and solid foundatioli ; from a grateful sense of
his majesty's grace and clemencj-, in order to promote internal peace
and safety, to make compensation to said sufferers, and, as a means, so
far as it is in our power, of demonstrating to all the world our sense of
the happiness we enjoj' in being apart of the British empire, and being
intitled to the rights, liberties and privileges of British subjects, we,
his majestj-'s most dutiful and loyal subjects, the representatives of the
commons of this province, in the great and general court assembled, of
our free and good will have resolved to give and grant, and pra}- that
it be enacted, —

And be it accordingly enacted by the Governor, Council and House of
Representatives,

[Sect. 1.] That there be granted and paid out of the public treasury' Compensation
of this province, to the hon[o/-a]ble Thomas Hutchinson, Esq^'^, the |i^ff^.r,fr7*''^'^
sum of three thousand one hundred and ninct3-four pounds seventeen
shilUngs and sixpence, in full compensation for the losses and suffer-
ings that he and the several persons in his family sustained in the late
times of confusion ; —

To the hon[ora]ble Andrew Oliver, Esq^'^^, the sura of one hundred
and seventy-two pounds four shillings ; —

To Benjamin Hallowell. jun^''., Esq^'^, the sum of three hundred and
eighty-five pounds six shillings and tenpence ; —

To William Story, Esq^''., the sum of sixty-seven pounds eight shil-
lings and tenpence : in full compensation for their losses and suffering.s
in the late times of confusion.

And be it further enacted,

[Sect. 2.] That all riots, routs and unhaVful assemblies, coun(;cllcd, xnUcmnjAcniion
commanded, acted, done or made, within this province, l)etween the »« i^e oflcu<irr»
first day of August, one thousand seven hundred and sixty-five, and
the first day of May, one thousand seven hundred and sixt3-six ; and
all burglaries, felonies, rescues and breaches of the peace whatsoever,
committed in, by, or during, such riots, routs and unlawful assemblies,
be and hereby are i)ardoned, released, indemnified, discharged and put
in utter oblivion ; and that all and every the person or persons acting,
advising, assisting, abetting and counic][.s]elling the same, be and
are hereb}- pardoned, released, acquitted. in<lemuified and discharged
from the same, and of and from all pains of death and other i)ains,

904:

Provln'ce Laws. — 1TGG-G7.

[Chap. 10.]

This act may
given in evi-
dence in case
prosecution.

Proviso.

judgments, indictments, convictions, penalties and forfeitnres, therefor
had or given, or tliat might accrue, for the same ; and that such indict-
ments, convictions and foi'feitures are hereby declared null and void.

And be it further enacted,

be [Sect. 3.] That an3- person indicted or presented, or in any manner

of prosecuted, or that shall or ma}- be hereafter indicted, presented, or in

an}- manner prosecuted, for an_y of the offences b}' this act pardoned,

may plead the general issue, and give this act in CAidence, which shall

be sufficient to acquit liim.

Provided, —

[Sect. 4.] That nothing in this act contained shall extend to the
pardoning, or give any benefit whatever to, anv person who is or may
be unlawfully possessed of an}- goods or chatt[el][/e]s, taken or stolen
from any person, unless the possessor shall, within thirty days after
the publication of this act, have surrendered and delivered them up
to the piovince treasurer, for the use of the province.

Provided, (dso, —
ProviBo. [Sect. 5.] That nothing in this act shall extend to the barring any

civil action of trespass, for damages sustained by any person not by
this act compensated, nor to the pardoning any of the crimes or offences
above named, wherein any burglaries, arsons or thefts were committed
against the properties of any persons not compensated by this act.
\^Passed December G.

"As this Act appeared to us to be of an extraordiuary nature and importance,
we thought it our (hity immediately to refer it to the consideration of Your Majes-
ty's Attorney and Solicitor General desiring their opinion whether the Legislature
of that Province have by their Constitution a power to enact a Law of general Par-
don, Indemnity and Oblivion in the case to which this Act refers, without the pre-
vious consent of the Crown — And Your Majesty's Attoruoy and Solicitor General
having, on the 10"' Inst, reported to us their opinion, ' That the Governor, Council
'and Assembly of the Massachusetts Bay, have not, by the constitution of that
' Province, any original power to enact a Law of General I'ardon, Indemnity and
'Oblivion in the case referr'd to, without the previous communication of the grace
' and pleasure of the Crown,' We do upon a consideration of this Report, agree
in opinion with them, and humbly beg leave to lay the said Act before Your Jlaj-
esty, submitting it to Your Majesty to take such measures thereupon as Your
Majesty in your great wisdom and with the advice of your Council shall think most
pTOY>ei\"— Representation of the Lords of Trade, Apr. 13, 17G7: "Mass. Bay, B. T.," vol

m, p. 210.

[3d Sess.] Province Laws.— 17G6-67. 905

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-eighth day of January, A.D. 1767.

CHAPTER 11.

AN ACT FOR INCORPORATING THE EASTERLY PART OF THE TOWN
OF RICHMONT, IN THE COUNTY OF BERKSHIRE, INTO A DISTRICT
BY THE NAME OF LENOX.

Whereas it has been represented to this court that the incorporat- I'rc.imt.k-.
ing the easterl}' part of the town of Richinont, in the county of Berk- J^^^-co. cimi).
shire, will greatly contribute to the growth thereof, and i-euiedy many
inconvenienc[*']es to which the inhabitants and proprietors may other-
wise be subjected, —

Be it therefore enacted by the Governor^ Council and House of
Representatives^

[Sect. 1.] That the inhabitants of the easterly part of the town of District of
Richmont, in the count \- of Berkshire, bounded as follows; viz'''., be- ]^dd'[^^ge°lb'Jd*'
gining at the south-west corner of that part of said town of Bielunont
formerh' called Yokun Town, thence, north, hy the needle, to tht- south-
west corner of lot number twenty, in the secontl division in said Yokun
Town ; thence, east, eight degrees south, to the south-east corner of
said lot ; thence, north, nine degrees east, to the north-east corner
of lot number twenty-one, in said second division in said Yokun
Town ; thence, north, hy the needle, to the north-west corner of lot
number fort3--three, in said second division ; thence, east, nine degrees
south, to the south-east corner of the same lot ; thence, northerly, to
the north-east corner of lot number forty-seven in said division, which
is in the dividing-line between the town of Pittsfield and said town of
Richmont, — be and they hereby are incorporated into a separate dis-
trict by the name of Lenox ; and that the inhabitants thereof be vested
with all the powers, privileges and immunities which the inhabitants of
any town within this province do, or by law ought to, enjoy, excepting
only the privilege of sending a representative to the general assembly ;
and that the inhabitants of said district shall have liberty, from time to -tojoinwUh
time, to join with the town of Richmont in the choice of a representa- Jhr>ii!!^°"V.",r^'
tive or representatives, which representatives may ])e chosen indifferently »».iiuiiivij« .-
from said town or district, the pay or allowance of such representatives
to be borne by tlie said town and district according to their respective
proportions of the province tax ; and that the town of Richmont, as
often as they shall call a meeting for tlie choice of representatives,
shall, from time to time, give seasonable notice to the clerk of said — to be m.uiioii
district of Lenox, for the time being, of the time and i)l.'ice for lioMing J;;""^^"* ''"'"
said meeting, to the end that the said district may join tlicrein ; and
the clerk of the said district shall set up, in .some public place in .s.niid
district, a notification thereof accordingly ; the meeting for the choice

906

Province Law.s. — 17GG-GT

[Chap. 12.]

Certain lots, not
Included in
Lenox, to pay
taxes for build-
ing a meeting-
house, &c.

Proprietors'
rates to remain
good.

W^am Wil-
liams, Esq., to
direct in calling
the first meeting
of the inhab-
itants.

of representatives to te held alternately in the town of Richmont aud
the said district, aud to be regulated b}- the selectmen of the town or
district where the meeting shall be held.

And be it further enacted,

[Sect. 2.] That the lots lying east of the original dividing-line,
between the proprietors of Yokun and ]\Ionnt Ei)hraim, so called, not-
withstanding thev are not included in said district of Lenox, shall pa}'
taxes towards building a meeting-house in said district — till it is so far
finished as the meeting-house in said Richmont now is — and settling a
minister in said district ; and they shall be exemijted from paying taxes
towards settling a minister in the said town of Richmont ; and the said
town of Richmont shall not have an}' l)enefit of an}' of the public lands
lying east of said original proprietary line.

[ylud] be -it further enacted,

[Sect. 3.] That all assessments of rates and taxes agreed upon by
said original proprietors shall be in full force, and may l)e levied, col-
lected and apphed, in like manner as if this act had not been made.

And be it further enacted,

[vSect. 4.] That William Williams, Esq'^'^., be and hereby is im-
powered to issue a warrant to some principal inhabitant of said district
of Lenox, requiring him to call a meeting of said inhabitants, in order
to chuse such officers as, by law, towns are impowered to chuse in the
month of March, annually. [^Passed February 26, 17G7.

CHAPTER 12.

AN ACT FOR SETTING OFF EDWARD STEARNS OF BILLERICA, WITH
HIS LANDS THERE, FROM THE SAID TOWN, AND ANNEXING THE
SAME TO THE TOWN OF BEDFORD. •

Preamble. WiiEREAS it hath been represented to this court that the lands of

1729-ao, chap. 1. p^ti^-avd Stearns of Billerica, in the county of Middlesex, together with
[tiic][//('.s] i)lace of his habitation, lie much nearer the place of public
worsliip in the town of Bedford, in said county, than to the place of
public worshi}) in the said town of Billerica, and in all respects will be
more accom[m]odated to be set off from the said town of Billerica, and
annexed to the said town of Bedford, and, in consideration thereof, the
said town of Billerica have consented thereto ; and tvhereas the said
lulward Stearns, together with the agents of the said town of Bedlbrd,
have huml)ly petitioned this court therefor, —

Be it therefore enacted btj the Governor [and] Couucil and Jlottse (f
Rejweseutatives, in general court assenitiled.

Tliat the said Edward Stearns, witli liis lands, be and hereby are set
off from the town of Billerica, and annexed to the town of Bedford,
there to do duties and receive privile[d]ges as other of their inhabit-
ants ; and that the line between the aforesaid towns, for the future, be
and are established as Ibllows ; that is to say, begin[?/]ing at a maple
stump in tiie old line between said towns, at a place known by the
name of Page's Corner; thence, in a streight line, to the south-easterly
corner of Isaac Stearns's lands, to a ditch, a stake, and stones ; thence,
running, on said ditch, to the north-east corner of the saitl ICdward
Sli-arns's land ; thence, on the oUl ditch in the line between the said
Isaac and Edward Stearns, to a stake and stones at the end of said
ditch, at a small turn in the old wall ; thence, running to a large rock,
with small stones about it, being on the south side of the brook, about
two pole south-west from the sawmill; from theuce, on said brook, to
Concord River. IPassed February 26, 1767.

Edward

SlearnH'H cstulc
uniioxed to
Ucdford.

EInc between
l!ilU'ri<'a and
Bedford de-
acribcd.

[3d Sess.]

Peovince Laws. — 1766-67.

yui

CHAPTER 13.

AN ACT IN ADDITION TO TWO SEVERAL ACTS TO PREVENT THE
DESTRUCTION OF SALMON AND OTHER FISH IN MERRIMACK
RIVER, WITHIN THIS PROVINCE.

WiiEKEAS in and by an act made and passed in the fifth year of his
present majesty's reign, intituled "An Act to prevent the destruction
of sahnon and other Us^h in Merrimack River, witliin this province." no
person or persons were allowed to catch any of the said fish within one
hundred rods of the mouth, or entrance, of the several biooks which
empt}- into the said river ; and by another act, made in the sixth year
of his present majesty's reign, for amending the aforementioned act, it
was enacted " That the prol'iibition to take fish within one hundred rods
in said act mentioned, shall hereafter extend only to the fishing within
twenty rods; " and such lilierty, being found by experience greatly to
obstruct, and, is feared, will soon destroy-, the course of such fish as
usuall}' pass up a brook, in the town of Andover, known by the name
of Cochecbawick Brook ; therefore, —

Be it enacted by the Governor^ Council and House of Rppresenta-
tives,

[Sect. 1.] That no person or persons whatsoever be allowed, from
and after the fifteenth da}' of March next, and so during the continu-
ance of this act, to catch salmon, or other fish of an}- kind, with sien[e]s,
nets or pots, or in any other wa}', within one hundred rods of the
mouth of said brook, in said town, on pain of forfeiting for each offence
the sum of three pounds, one moiety thereof to the prosecutor, the
other to the poor of said town ; said fine and forfeiture incurred hy
the breach of this act to be recovered as in and by said first-mentioned
act is provided.

[Sect. 2.] This act to continue and be in force for the space of one
year from the publication hereof, and no longer. [^Passed February
26 ; published March 2i), 1767.

Preamble.

17&MS5, chap.
24, §3.

1705-<W, cliap.
30, §1.

Finhinsr near
('oi-lifcli:iwlck
liruok restrict

Limitation.

CHAPTER 14.

AN ACT FOR DISCONTINUING TWO OF THE COURTS, AND FOR AL-
TERING THE TIME OF HOLDING ONE OF THE COURTS, OF GEN-
ERAL SESSIONS OF THE PEACE AND INFERIOR COURTS OF COMMON
PLEAS WITHIN AND FOR THE COUNTY OF BERKSHIRE.

Whereas in and by the law made for the ei-ecting and establishing rrmmbic.
the county of Berkshire, it was, among other things, enacted that thei-e i^go-6i.<:1'»p-
should be four courts of general sessions of the ])eace and inferior
courts of common pleas, held yearly, and in every year, at the times
and places hereinafter expressed ; viz'"., at the north parish in Shcflleld.
now called Great Barringlon, on the last Tuesd.iy of April and fiist
Tuesdav of .September, and at Po[o]iitoosuck, now called I'ittsfield, on
the first Tuesda}- of Deceml)er and first Tuestlay of March ; and ivherean
by exi)erience it is found that much travel, time and expence is unne-
cessaril}- incurred thereby, —

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

[Sect. 1.] That/rom and after the tenth day of March next ensu- Two court*

908

Peovlnce Laws. — 1766-67.

[Chap. 15.]

only In a year
to be held in the
county of Berk-
Bhu-e.

The clerk di-
ructed bow to
make out execu-
tions.

iug, there shall be held and kept within the said count}- of Berkshire,
}early, and in ever}' year, until the further order of this court, two
courts of general sessions of the peace and inferior courts of common
pleas, and no more ; viz"^'^., at Great Bairington, on the flrst Tuesda}- of
September, and at Pittsfield, on the last Tuesday of Februar}-, an^'thing
in the aforerecited act to the contrary' notwithstanding.

And be it further enacted,

[Sect. 2.] That the clerk of the inferior court of common pleas, in
and for the said count}" of Berkshire, is hereby authorized and required
to make all executions, which shall issue after the said tenth of March,
on judgment [s] obtained in the said court, returnable into the clerk's
office at the end of three months from the respective dates thereof, in
case, at the time of issuing them, it shall be more than three months to
the time hereinbefore set and established for holding the said court
which shall be next following the day of the date of such execution ; and
in case it shall not be more than three months fi'om the day of the date
of such execution, to the time hereinbefore set for holding the said court
which shall be next following the day of the date of such execution, the.
same shall be made returnable on the day on which, according to this
act, the said court shall be next holden. [Passed February 27 ; pub-
lished March 20, 1767.

OHAPTEE 15.

AN ACT FOR ERECTING THE WESTERLY PART OF THE TOWN OF
TOWNSEND, IN THE COUNTY OF MIDDLESEX, THE NORTHERLY
PART OF THE TOWN OF FITCHBURGH, AND THE NORTH-EASTERLY
PART OF THE TOWN OF ASHBURNHAM, IN THE COUNTY OF WORCES-
TER, INTO A TOWN BY THE NAME OF ASHBY, TO BE ANNEXED
TO THE COUNTY OF MIDDLESEX.

Preamble.

Town of AHhby
boiiiKlcd and
dewciibcd :

AViiEREAS it has been represented to this court that the inhabitants
of the westerly part of the town of Townsend, in the county of Middle-
.sex, the northerly part of the town of Fitchburgh, and the north-easterly
part of the town of Ashburnham, in the county of Worcester, labour
under great difficulties, by reason of their not being erected into a
town, and are desirous of being so erected, —

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

[Sect. 1.] That the westerly part of Townsend, in the county of
Middlesex, the northerly part of Fitchburgh, and the nortli-easterly part
of Ashburnham, in the county of Worcester, described as follows ;
viz''^, begin[v(.]ing at the south-westerly corner of Townsend, and run-
[?*]ing, northerly, to the south-westerly corner of James Colman's sec-
ond division, lot number eighteen; then, run[?*]ing, on the westerly
line of said lot, to the north-west corner of said Colman's lot; then,
extending, the same point, to the province line ; then, turning, and run-
[i/.]ing, easterly, on the province line, to Townsend north-west corner;
then, ruii[/*]iiig, easterly, on the province line, three miles; then, turn-
ing, and run[;(]iiig, southerly, four miles one hundred and ten rods, to
Luiicnb[o]uigh north-west corner; then, run[»]ing, southerly, half a
mile, on the line between Luiienburgh and Fitchburgh ; then, run[y(]iug,
westerly, to Ashburnham east line; then, run[»]ing, northerly, to
Townsend south-west corner, where it first began, — be and hereby are
erected yUo a town by the name of Ashby ; and that the inhabitants
thereof be and hereby arc invested with all the powers, privileges and

[3d Sess.]

Province Laws. — 17(30-07.

900

imraunities which the iuhabitants of the towns within liiis province, l»y
law, do or may enjoy, that of sendiniz; a ie|>rcsentative to tlic <jf»'iuMal
assembly only excepted ; and that the inhal)itants of the said town
of Ashby shall have liberty, from time to time, to join with the town of
Townsend in the choice of a representative or re[)ri'si'ntutives ; which
representative or representatives may be ehosi-n inditlerently from tiie
saiil town of Townsend or town of Aslil)y. the [>vl\ or allowance of such
representative or representatives to be borne by the said town of Towns-
end and town of Ashby, according to their respective proportion of
the province tax ; and that the town of Townsend, as olten as they
shall call a meeting for the choice of a representative or reiiresentatives,
shall, from time to time, give seasonable notice to the clerk of the said
town of Ashby, for the time being, of the time and i)lac(' for iiolding
said meeting, to the end the said town of Aslib3- ma}- join therein ; an(i
the clerk of the said town of Ashby shall set up, in some public place in
said town of Ashb}-, a notification thereof accordingly.

Provided, nevertheless, —

And be it further enacted,

[Sect. 2.] That the said town of Ashb}- shall pay their proportion
of all such province, county and town taxes already granted to be raised
on the several towns to which they severally belong.

And be it further enacted,

[Sect. 3.] That James Prescot, Esq'''^, be and hereby is directed
and impowered to issue his warrant, directed to some [jrincipal inhabit-
ant within said town, requiring him to warn the inhabitants of said
town, qualified by law to vote in town affairs, to meet at such time and
place as shall be therein set forth, to chuse all such officers as are or
shall be required by law to manage the affairs of said town.

Be it further enacted, ^

[Sect. 4.] That the town clerks of the said towns of Townsend.
Fitchburgh and Ashburnham, before the first town-meeting of the said
town of Ashby. shall deliver to James Prescot, Esq^'^, of Groton. cop-
ies of the last lists of valuation of the real and personal estates of the
inhabitants of said town of Ashby, in order to determine the qualilica-
tion of voters at said meeting ; and that the inhabitants who shall ap|)ear,
by laid lists, to be voters, according to law, shall be allowed to vote.

And be it farther enacted,

[Sect, o.] That said town be annexed to and hereby is part of the
county of Middlesex. \_Passed March 6, 1767.

— I0J..I11 wlOi
'riiWiiHcrul III
the- cliuico of
rL'iircm-iilntlvos:

— nnj to br iiotl.
(lid for timt
piiriioH.-:

— to pay tlicir
propuriioii of
taxcH alrraily
g ran ted.

Tlio first town-
mcfliiig, liow to
bu culled.

List of valua-
tion to bf deliv-
ered ill, for tliu
reifulaliun of
voleru.

Annexed to the
rounty of Mid-
dlesex.

CHAPTER 16.

AN ACT TO PREVENT DAM.VGE BEING DONE ON TIIE ME.\DO\VS AND
BEACHES LYING IN, AND ADJOINING ON, THE SOUTH SIDE OF
TIIE TOWNS OF TISBURY AND CIIILM.\RK, IN THE COUNTY OF
DUKES COUNTY, BETWEEN TIIE LAND OF M-VITHEW MAYHEW,
ESQ[B]., ON THE WEST, AND TIIE CREEK OF WATER THAT DI-
VIDES THE LAND OF THOMAS WALRON FROM THE BEACH, ON
THE EAST.

Whereas many persons frequently drive numbers of neat cattle,
horses, sheep and swine, to feed upon the beaches, meadows and shores
adjoining to the south side of Martha's Vineyard, lying in tin- towns of
Tisbury and Chilmark, between the land of Mattlu-w Mayhfw, Esq'''.,
on the west, and the creek of water that divides the kind of Tlioma.s
Walron[d] from the aforesaid beacii, on the east, whereby the ground

910

Province Laws. — 17GG-67

[CiiAP. IG.]

Creatui-09 not to
bo turned on to
Tisbury and
Chilmaiklkach,
from 30th March
to 1st October,
annually.

Penalty :

— how to be re-
covered and
disposed of.

Creatures found
on the said
beach to be im-
pounded :

— to be sold, In
case.

Justices to hear
complaints.

is much broken and damnified, and tlie sand blown on said adjoining
meadow and upland, to the great damage, not only of sundry private
persons, in their propert}-, but also the inhabitants of the said town, in
general, —

Be it therefore enacted by the Governor^ Council and House oj
Representatives^

[Sect. 1 .] That, from and after the thirtieth of March, one thousand
seven hundied and sixty-seven, no person or persons shall presume to
turn an}' neat cattle, horses, sheep or swine, on the beach belonging
to and lying in the towns of Tisbuiy and Chilmark, at an}- time be-
tween the thirtieth day of March, and the first day of October, annually,
during the continuance of this act, on penalty of paying for each offence
three shillings a head lor neat cattle, horses or mares, of one year old
or upwards, and the sum of threepence a head for each sheep or swine,
that shall be turned out or found on said beach, meadows or shores,
within the limits aforesaid ; which penalt}" shall be recovered b}' the
treasurer of either of the towns of Tisbuiy or Chilmark, or any other
person that shall inform or sue for the same : the one half of said for-
feiture to be to him or them that shall inform of and sue for the same,
the other half to be to and for the use of the poor of the said town.

And he it further enacted^

[Sect. 2.] That if any cattle, horse-kind, sheep or swine shall, at
any time hereafter, be found feeding on the said beach, meadows or
shores, that lye between the boundaries or limits before described, it
shall and may be lawful for any person to impound the same, immedi-
ately giving notice thereof to the owner, if known, otherwise to give
public [A-] notice thereof by posting the same up in some public place in
both the said towns of Tisbury and Chilmark ; and the impounder shall
relieve the said creatures with suitable meat and water while im-
pounded ; and if the owner thereof ai)pcar, to redeem his impounded
creatures, he shall paj- one shilling, to the impounder, for each neat
beast and horse-kind, and one penny for each sheep and swine, and
what is reasonable for relieving, l)esi(les the poundkeeper's fees as by
law appointed for such creatures. And if no owner appears with/n the
space of six days, to redeem the said cattle, horse-kind, sheep or swine
so impounded, and to pay the cost and damage occasioned by impound-
ing the same, then and in every such case the person impounding
such cattle or horse-kind, sheep or swine, shall cause the same to be
sold at piil)lic vendue, and pay the cost and charges arising about the
same : public notice of the time and place of such sale, to be given in
the said towns of Tisbury and Chilmark, forty-eight hours beforehand,
and the overi)lus, if any there be, arising l)y such sale, to be returned
to the owner of such cattle, horse-kind, sheep or swine, any time within
twelve months next after, upon his deinan(Hiig the same; but if no
owner, within the said twelve mouths, appear, then the saiil overplus
shall be one half to the party impounding such cattle, horse, sheei) or
swine, and the other half for the use of the poor of the said towns of
Tisbury and Chilmark.

And be it farther enacted,

[Sect. 3.] That the major part of the propiietors of the meadows
in said towns of Tisbury and Chilmark, shall, some time in the month
of INIarch, annually, appoint one suitable person, in each town, to
prosecute all breaciies of this act ; which shall be heard and determined
before any one of his majesty's justices of tlie peace in the said county,
who are lieicl)y authori[s][2;]e(l to hear and determine the same, and
to make up judgnieut and award execution thereon: saving alwai/s, that
any person who may be prosecuted by this act may have liberty to
appeal to the couil of general sessions of the peace in the same county,
there to have a linal issue.

[3d Sess.] Province Laws. — 17(10 07. 01

Provided, —

[Sect. 4.] I'liat nothing in this act shall bo constniorl to provont Provino.
the owner or owners ot" said lieach or meadow, from tiniiinu; on their
horses the}' ride, or cattle they improve in their ti'ams, to feed on said
beach or meadow wliilc tliey arc enttinir or carting their hay ofl' said
beacli or meadow, or wliile they may lie opening said beach to let the
wattr oir their meadow into tlie sea.

[Sect, o.] This act to be in Ibrce lor tiie space of tliree years from LimiuiUon.
the thirtieth of March, one thousand seven hundred and sixty-seven,
and DO longer. [^Passed March 9 ; published March 20, 17G7. *

CHAPTER 17.

AN ACT IN ADDITION TO THE SEVERAL LAWS ALREADY MADE RE-
LATING TO TIIE REMOVAL OF POOR PERSONS OUT OF TIIE TOWNS
WHEREOF THEY ARE NOT INHABITANTS.

Whereas, in and by an act i)assed in the fourth year of the reign of Pmimbic.
their late majesties, King William and C^ueen Mary, intitled "An Act |*'|'^-''^' <■ '• - •
for regulating of townships, choice of town officers and setting forth !l!JI"I^.V *;}'• ^•
their power," it is, among other things, enacted, " Tiiat any persons li Miies. a82. '
orderly warned to depart an\- town whereof he is not an inhaltilant. o'^i.^.t*.*! '^*''
and neglecting so to do bv the si)ace of fourteen days next after such lo rick. ii. 5i3.
warning given, may, by warrant oi the next justice or the peace, he 125 Mubs. 3(m.
sent and conveyed, from constable to constable, nnto the town where
he properh" belongs, or had his last residence, at his own charge, if
able to pay the same, or, otherwise, at the cliarge of the town so send-
ing him ; " and ivhereas it frequently happens tliat the persons so sent
and conveyed, by warrant as aforesaid, do not pro[jerly belong to, nor
had their last lawful residence in, any town in this province, but are
inhabitants of some other province or colony, and are poor, and unal)lc
to pay the charge of such their removal, wherebv an unequal charge
and burthen arises to the towns to whicl) such poor persons iiapi)en to
come ; for remedy whereof, and to the end that such charges may be
borne in a more equitable and just proportion, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That when and so often as any such person or persons How poor pcr-
are to be sent or conveyed out of this province, it shall and may be conv"yi"a oui
lawful for any justice of the peace of the county from whence the per- ofthc'i.rovitioe.
son or persons are to be sent or conveyed, and he is hereliy [e][/]ni-
powered, to grant a warrant for sending such person or persons out of
the province, either by land or water, as he shall think will be most
convenient, or least liable to charge.

And be it further enacted,

TSect. 2.1 That wiien and so often as it shall happen that any per- in what mannn
son so to Ije sent and conveyed, either by land or water as sliall he bedcfruy.a.
thought most convenient, by warrant as aforesaid, doth not properly
belong to, nor had gained a settlement in, any town in this province,
but is an inhabitant of. or iiad settlement in, some one of his majesty's
provinces or colonies on this continent, then and in every sucij ca.«;e
the charge of conveying such person or persons shall be borne by said
person or persons, if able to pay the same; otlierwise, to be l)ornc and
paid by this province, in order to their being sent or conveyed to the
province or colony where they 'ast had a settlement.

912

pROViKCE Laws.— 1766-67.

[Chap. 17.]

Selectmen to
adjust the
charge.

Poor persons,
inhabitants of
the province, to
he conveyed to
places of settle-
ment.

Persons remov-
ing to any town,
to be appro-
bated before
tliiy u'ai" an
iMl].'iliilaii('V.
4 Mass. V2<J.

7 Ma«N. 3.

10 Pick. 22, 513.

8 Cush. 76, 78.
13 «ray, 342,
343.

Ccrllficalc to bo
on tho warrant.

[Sect. 3.] And the constable or constables of each town, respec-
tively, to whom such warrant shall be directed, to convc}- such person
or persons bj' land, and to whose care such person or person [s] shall
be committed, shall, b}- virtue of said warrant, receive and conve}' him,
her or them thi'ough the county to which he lielongs, and to one of the
constables of the next town in the next county, wlio shall, b}- virtue of
said warrant, receive the said person or persons, and convey him, iier
or them through the count}' in which such constable dwells ; and the
said person or persons shall, by virtue of the warrant aforesaid, be
conveyed bj- the constable from county to county, in the same manner,
unto the province or colonj' to which lie, she or they shall be first
ordered.

[Sect. 4.] And everj' constable so recci\ing and conveying such
person or persons, shall receive, out of the treasury of such town where
he belongs, so much money as the selectmen of such town shall think
the charge of conveying such person or persons, as aforesaid, thi'ough
the count}', shall amount to, the said constable to keep a fair account of
his trouble and expence, and exhibit the same to the said selectmen,
who are to consider and adjust the same ; and the said selectmen are
also hereb}- empowered and directed to adjust and pay the charge of
conve3ing an}' person or persons, b}- water, as aforesaid, they to receive
the same again out of the province treasury.

And be it further enacted,

[Sect. 5.] That when and so often as any pei'son or persons to
be removed shall be an inhabitant or inhabitants of an}- town or dis-
trict within this province, they shall be conve}-ed to such town or
district where he, she or they are inhabitants, or have a settlement, in
the same manner as is hereinbefore provided in cases where the per-
sons so removed are not inhabitants of any town within this province,
the charge of such conveyance to be paid as b}- a law of this province
is already provided.

A7id be it further enacted,

[Si:CT. 6.] That from and after the tenth day of April next, no
person whatsoever, coming to reside or dwell within any town in this
l)rovince., shall gain an inhabitancy in such town by any length of time
lie or she may continue there without warning, unless such person shall
lii'st have made known his or her desire to the selectmen thereof, and
obtained the approliation of the town, at a general meeting of the in-
habitants, for his dwelling there ; nor shall any town be obliged to be
at charge for the relief and support of any person residing in such
town (in case he or she stand in need), that have not been approved as
aforesaid.

[Sect. 7.] And all such persons as have not been approved as
aforesaid, together with their children, whether born before or after
their coming to such town, in wedlock, or otherwise, shall be liable to
be sent or conveyed to the town where they properly belong, by a war-
rant from a justice of the peace, who is hereby empowered, upon appli-
cation from the selectmen of the town from which such person or
l)ersons are to l)e sent, to issue his warrant, accordingly ; excepting for
such as are apprentices to some inlial)itaiit or inhabitants of such town,
who shall not be liable to be sent or conveyed out of any town where
they are apprentices, till the time of their ai)pienticeship is expired,
aii\- law, usage or custom to the contrary notwithstanding.

A)id be it further enacted,

[SiccT. 8.] That every constable shall, before he delivers said war-
rant to the consta!)le of the ne.xt county, certify his doings thereon.

[Sect. 9.] This act to continue and be in force for the space of
llnce years, and no longer. \_Pa.ssed March ID ; published March 20,
17G7.'

[3d Sess.] Province Laws.— 17G6-G7. 913

CHAPTER 18.

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL RATES AND
DUTIES OF IMPOST AND TUNNAGE Ol^ SIIII'PING.

We, his majest3''s most dutiful and loyal subjects, tlio rc'|nvs(Mitativf.s pnambic.
of the province of the Massachusetts IJay, in New Knghind, l)cing de-
sirous of lessening the public[A] debts, have cliearfully and unaniinuiisiy
given and granted, and do give and grant, to his most excellent maji'sty,
for the service of tliis province, as they shall iiereaftcr a[)ply it, tl»e
several duties of impost upon all liquors, wares, goods and merchandize
that shall be imported into this province, and tunnage of shipping here-
after mentioned, and pray that it may be enacted, —

And be it accordingbj enacted b>/ the Governor, Council and IIot(se
of Representatives^

[Sect. 1.] That from and after the twenty-fourth day of March, one From March 24,
thousand seven hundred and sixt3--seven, to the twenty-fifth day of .l5*'V7as YmpoBt
March, one thousand seven hundred and sixty-eight, there shall Ite paid loV- paid,
b}' the importers of all wines, rum and other liquors, goods, wan-s and
mercliandize that shall be imi)orted into this province l>y any of the
inliabitants thereof (except what is l)y this act hereafter exempted),
the several duties of impost following ; viz^'^, —

For every pipe of wine of every sort, five shillings. Rates of impost:

For every hogshead of rum containing one hundred gallons, eight
shillings.

For every hogshead of tobacco, ten shillings.

For every pound of tea that shall be imported from an}- of his
majesty's plantations in America, fourpence.
— And so, proportionably, for a greater or less quantity.

And for all other commodities, goods or merchandize not mentioned
or not excepted, fourpence for every twenty shillings' value, excepting
such goods as are imported from Great Britain.

[Sect. 2.] And for any of the liquors, goods, wares and merchan- — for liquon.,
dize that shall be imported into this i)rovince by any of the inhabitants ^"I"ngif;^;„ !„.
of the other provinces or colonies on this continent, or of the English habiiaiu.s «>f
West-India Islands, in any ship or vessel to them belonging, on the "'»-■•■ P"""* ""••
proper acount of any of the said inhabitants of said provinces, colonies
or islands, there shall be paid Ijy the importers the several duties of
impost following ; viz^.,

For every pipe of wine of ever}- sort, ten shillings.

For every hogshead of rum containing one hundred gallons, thirty-
tw-o shillings.

For every hogshead of sugar, eightpence.

For every hogshead of molasses, eightpence.

For every hogshead of lol)acco, twenty shiUings.

And for all other commodities, goods and merchandize not mentioned
or not excepted. eighti)ence for every twenty shillings' value : provided ivoviso.
ahcai/s, that every tiling which is the growth or produce (jf the provinces
or colonies aforesaid (tol»acco excelled) . and all provisions, salt, cotton-
wool, bar and pig iron, mahogony, lu-azilletto. lilack-walnut. lignum-
vitie, red-cedar, logwcjod. hemp, raw skins and hides, and also all prize
goods brought into and condemned in this province, are and sh.nll be
exempted from every the rates and duties aforesaid.

And be it farther euarted.

[Sect. 3.] That the master of every ship or vessel[l] coming into Mnmcmofve.
this province from any other place, shall", within forty-eight houis after riri^ritln
bis arrival in any port or harbour, and before bulk is broken, inake fort>.«iKhi

914

pEovmcE Laws.— 1766-67. [Chap. 18.]

hours after ar-
rival, and de-
liver a manifest
to tlic com-
missioner:

— to forfeit, in
case of breaking

Invoice to be
produced.

Oath.

Duties to be
paid before
tatidiug.

ComraiBBioner
allowed to give
credit.

report and deliver a manifest, in writing, under his hand, to the com-
missioner of impost that is or sliall be appointed b}- tliis province, of
the contents or loading of such shijj or vessel, therein particularly
expressing the species, kind and quantities of all wines, liquors, goods,
wares and merchandise imported in an}- such sliip or vessel, with the
marks and numbers thereof, and to whom the same arc consigned ; and
make oath before the commissioner that the same manifest contains a
just and true account of all the lading taken on board and imported in
such ship or vessel, so far as he knows or believes ; and tliat, if he
knows of any more wines, liquors, goods, wares or merchandize laden
on board such ship or vessel, and imported therein, he shall forthwith
make report thereof to the commissioner aforesaid, and cause the same
to be added to his manifest.

Ayid be it further enacted,

[Sect. 4.] That if the master of any ship or vessel shall bi-eak bulk,
or suffer any of the wines, liquoi's, goods, wai'es and mci-chandize im-
ported in such ship or vessel to be unladen befoi-e report and entry
thereof be made as aforesaid, he shall forfeit the sum of one hundred
pounds.

And be it further enacted,

[Sect. 5.] That all merchants and other persons, being owners of
ail}- wines, liquoi's, goods, wares or merchandize impoi'ted into this
province, for which an}' of the rates or duties aforesaid are payable, or
having the same consigned* to them, shall make entiy thereof with the
commissioner aforesaid, and produce an invoice of all such goods as
pay ad valorem, and make oath before Ifim in the form following ; Viz^'^.,

You, A. B., do swear that the entry of goods and merchandize, by you now
made, and tlie vahie thereof annexed, is, bo)iu fide, according to your best skill
and judgment, agre[e]able to the price current, or the market price of said
goods. So help you God.

— which oath the commissioner or receiver, appointed in consequence
of this act, is hcrcliy imi)Owered and directed to administer ; and the
owners aforesaid shall pa}- the said commissioner, or give secui'ity to
pay, the duty of impost by this act required, before such wines, liquoi's,
goods, wares or merchandize be landed or taken out of the vessel in
Miiich the same shall be imported.

[Sect. G.] And no wines, liquors, goods, wares or merchandize
that by this act are liable to pay impost or duty, shall be landeil on any
wharf, or in any warehouse or other place, but in the day-time only,
and that after sunrise and before sunset, unless in the presence or with
the consent of the commissioner or receiver, on })ain of forfeiting all
such wines, liquors, goods, wares and merchandize, ami the lighter,
boat or vessel out of which the same shall be landed or put into any
warehouse or other place.

[Sect. 7.] And if any person or persons shall not have and produce
an invoice of the quantities of rum or other liquors to him or them
consigned, then the cask wherein the same are, shall be gauged at the
charge of the importer, that the contents thereof may be known.

J^rov ided , iieve rth eless , —

[Sect. 8.] That the said commissioner shall be and hereby is al-
lowed to give credit to such person or i)ersons whose duty of impost in
one vessel shall exceed six pounds : which credit shall be so limited as
that he shall settle and l)al[/]ance iiis acco[un] [7»/;]ts with every person,
on or l)efore the twenty-fiflh day of Maiih, one tlioiisiuid seven iiundred
and sixty-eiglit, that tlie said accompts may be produci'd to this court
as soon as m;iy l)e aft(>r ; and for all entries wliere the impost to be paid
[does] [(/w///] not exceeil three shillings, the said commissioner shall not

[3d Sess.]

Province Laws. — 170G-0T.

915

demand anything, and not more tli[a][e]n .sixpence for any other single
entry, to what value soever.

And be it further enacteiU

[Sect. 9.] That the importer of all wines, liquors, goods, wares
anil merchandize, from and after the twenty-lburtli day of March, one
tliousand seven hundred and sixty-seven, and until the twenty-liftli day
of March, one thousand seven hundreil and sixty-eight, l>y lanil-
carriage, or in small vessels or boats, shall, within twenty-foin- liours
after importation, make report and deliver a manifest tliercof to tlio
commissioner aforesaid or his deputy, therein particularly expressing
the species, kind and quantity of all such wines, liquors, goods, wares
and merchandize so imported, with the marks and numbers tliereof,
when, how, and by Avliom brought; and shall make oath, before the
said commissioner or his deputy, to the truth of sucli report and mani-
fest, and shall also pay, or secure to be paid, the several duties afore-
said by this act charged and chargeable upon such wines, liquoi-s,
goods, wares and merchandize, before the same are landed, lioused, or
put into an}- store or place whatsoever, under penalty of ten [)ounds.

And he it farther enacted,

[Sect. 10.] That ever}' merchant or other person importing any
wines into this province, shall l)e allowed twelve per cent lor ordiuaiy
leakage, besides extraordinary : 2^''ovided such wines shall not have
been filled up on board ; and that ever}- hogshead, butt or pipe of wine
that hath two-thirds thereof leaked out, shall be accounted for outs, and
the merchant or importer shall pay no duty for the same. And no
master of an}- ship or vessel shall sutler any wines to be filled up on
board w-ithout giving a certificate of the quantit}' so filled up, under
his hand, before the landing thereof, to the commissioner or receiver
of impost for that port, on pain of forfeiting the sum of one hundred
pounds.

[Sect. 11.] And if it may be made to appear that any wines im-
ported in any ship or vessel be decayed at the time of unloading thereof,
or in twenty days afterwards, oath being made before the commissioner
or receiver that the same has not been landed above that time, the
duties and impost paid for such wines shall be repaid unto the importer
thereof.

And be it further enacted,

[Sect. 12.] That the master of every ship or vessel importing any
liquors, w-ine[.s.] goods, wares or merchandize, shall be liable to pay
the impost for such and so much thereof, contained in his manifest, as
shall not be duly entered, and the duty paid for the same by the person
or persons to whom such wines, liquors, goods, wares or merchandize
are or shall be consigned. And it shall and may be lawful, for the
master of every ship or other vessel, to secuie and detain in his hands,
at the owner's risque, all sucli wines, liquors, goods, wares and mer-
chandize imported in any ship or vessel, until he receives a certificate,
from the commissioner or receiver of impost, that the duty for the same
is paid, and until he be repaid his necessary charges in securing the
same ; or such master may deliver such wines, liquors, goods, wares
and merchandize as are not entered, unto the commissioner or receiver
of impost in such port, or his order, who is hereby impowered and
directed to receive and keep the same, at the owner's risque, until the
impost thereof, with the charges, be paid or secured to be paid ; and
then to deliver such wines, liquors, goods, wares or merchandize as
such master shall direct.

And be it further enacted,

[Sect. 13.] That the commissioner or receiver of impost in each
port, shall be and hereby is imix)wered to sue the master of any ship or

Importer by
liiiul'C.'irriai;)' or
in Kmall vi'hnc'I*,
lu iiiiiko rcjxirt.

Allowance for
leakage.

Master allowed
to detain );<^x^<li
not entere<l or
the duty not
paid.

Maxtor liable to
be sued.

916

Province Laws.— 1766-67.

[Chap. 18.]

Ship, &c., liable
to be taken in
execution.

Naval oflQcer not
to clear vcBsels
till impost bo
paid.

Bills of store to
be allowed.

Preamble.

Gommlutoncr

vessel, for the impost or duty of so much of the lading of an}- wines,
liquors, goods, wares or merchandize imported therein, according to
the manifest to be by him given upon oath, aforesaid, as shall remain
not entered and the duty of impost therefor not paid or secured to be
paid. And where any goods, wares or merchandize are such that the
value thereof is not known, wherein- the impost to be recovered o(
the master, for the same, cannot be ascertained, the owner or person to
whom such goods, wares or merchandize are or shall be consigned, shall
be summoned to appear as an evidence at the court where sucii suit for
the impost and the duty thereof shall be brought, and be there required
to make oath to the value of such goods, wares or merchandize.

And be it farther enacted,

[Sect. 14.] That the ship or vessel, with her tackle, apparel [1] and
furniture, the master of which shall make default in anything by this
act required to be performed bj'him, shall be liable to answer and malvc
good the sum or sums forfeited b}- such master, according to this act,
for an}- such default, as also to make good tlie impost or duty for all
wines, liquors, goods, wares and merchandize not entered as aforesaid,
or for which the duty of impost has not been paid ; and upon judgment
recovered against such master, the said ship or A-essel, with so much of
the tackle or appurtenances thereof as shall be sufficient to satisly the
said judgment, may be taken by execution for the same ; and the
commissioner or receiver of the impost is hereby impowered to make
seizure of the said ship or vessel, and detain the same under seizure
until judgment be given in any suit to be commenced and prosecuted
for any of the said forfeitures, or for the duty aforesaid ; to the intent,
that if judgment be rendered for the prosecutor or informer, such ship
or vessel and appurtenances may be exposed to sale, for satisfaction
thereof, as is before provided : unless the owners, or some on their
liehalf, for the releasing of such ship or vessel from under seizure or
restraint, shall give sufficient security to the commissioner or receiver
of impost that seized the same, to respond or satisfy the sum or value
of the forfeitures and duties, with the charges, that shall be recovered
against the master thereof, upon such suit to be brought for the same as
aforesaid ; and the master occasioning such loss or damage unto the
owners, through his default or neglect, shall be liable unto their action
for the same.

And be it farther enacted,

[SiXT. 1").] That the naval offi[c]er within any of the ports of this
province shall not clear or give passes to any master of any ship or ves-
sel, outward bound, until he shall be certified, by the commissioner or
receiver of impost, that the duty and impost for tlie goods last imported
in such ship or vessel are paid or secured to be paid.

[Skct. ]().] And the commissioner or receiver of impost is hereby
impowered to allow bills of store to the master of any ship or vessel
importing any wines or liquors, for such private adventures as shall be-
long to the master or seamen of such ship or vessel, at the discretion of
the commissioner or receiver, not exceeding three i)er cent of the lad-
ing ; and the duties payable by this act, lor such wines or licjuors, in
such bills of stores mentioned and expressed, shall be aliated.

And for the more elfectual i)reventing [any] [(??«/] wines, rum or
oilier distilled spirits being brought into this ])roviiR'e from the neigli-
boiiring governments, liy land, or in small boats or vessels, or any other
way, and also to prevent wines, rum or other distilled spirits being
lii-st sent out of this province, and afterwards brouglit into the govern-
ment again, to defraud the government of tiie duties of impost, —

Be it enacted,

[Skct. 17.] That tlie commissioner and receiver of the albresaid

[3d Sess.]

Province Laws.— 17G6-67.

917

duties of impost shall, and he is herein' impowered and enjoined to,
api)oint one or moro suitable person or persons as his ili'puty or depu-
ties, in all such places of this province where it is likely that wine, rum
or other distilled spirits will be brouo;lit out of other governments into
this ; which officers shall have power to seize tlie same, unless tiie owner
shall make it appear that the dut\- of impost has been paid therefor
since their being brought into ur relanded in this government ; and such
otlicer or officers are imi)Owered also U) search, in all suspected places,
for such wine[.s], rum or otiier distilled spirits, or for tea brought or
relanded in this government, where the duty is not paid as aforesaid,
and to seize or secure the same for the ends and uses as in this act is
hereafter piovided.

And be it further enacted,

[Sect. 18.] That the commissioner or his deputies shall have power
to administer the several oaths aforesaid, and search in all suspected
places for all such wines, rum, liquors, tea, goods, wares and merchan-
dize as are brought into this province, and landetl contrary to the true
intent and meaning of this act, and to seize the same for the uses here-
inafter mentioned.

Aiid be it further enacted,

[Sect. 19.] That there shall be paid, by the master of every ship
or other vessel, coming into any port or ports of this province, to trade
or trafHck, whereof all the owners are not belonging to this province
(excepting such vessels as belong to Great Britain, the provinces or
colonies of Pen[«]sylvania, West and East Jersey, Connecticut, New
York, New Hampshire, Rhode Island and Nova Scotia) , every voyage
such ship or vessel doth make, one pound of good pistol-powder for
every ton such ship or vessel is in burthen : saving for that part which
is owned in Great Britain, this province, or any of the governments
aforesaid, which are hereby exempted ; to be paid unto the commissioner
or receiver of the duties of impost, and to be employed for the ends
and uses aforesaid.

[Sect. 20.] And the said commissioner is hereb}- impowered to
appoint a meet and suitable person, to repair unto and on board any shii)
or vessel, to take the exact measure and tunnage thereof, in case he
shall suspect the register of such ship or vessel doth not express and
set forth the full burthen of the same ; the charge thereof to be paid l>y
the owner or master of such ship or vessel, before she shall be cleared,
in case she appear to be of greater burthen : otherwise, to be paid by
the commissioner out of the money received by him for imjiost, and
shall be allowed him, accordingly, by the treasurer in his acconii)ts.
And the naval officer shall not clear any vessel until he be certified, also,
by the commissioner, that the duty of tunnage for the same is paid, or
that it is such a vessel for which none is payable according to this act.

And be it further enacted,

[Sect. 21.] That when and so often as any wine, rum or tea im-
ported into this province, the aforesaid duty of im|)Ost upon wliieh
shall have been paid agre[?]al)le to this act, shall be re-shipped and
exported from this government to any other part of the world, tiiat
then and in every such case, the exporter of such wines or rum or lea
shall make oath, at the time of the shipping, before the receiver of
impost, or his deputy, that the whole of the wine or rum or tea so
shipped has, bond fide, had the duty of impost aforesaid paid on the
same, and shall afterwards profluce a certificate, from some officer of
the customs, that the same has been landed out of this government. —
or the master of the vessel in which the same shall be exported, shall
make oath, before the commissioner or his deputy, that the same has
been landed, and left in some i)ort out of tlie government, — and the

to Appoint dcp.
utU'H in places
where \vine8,
rum, Sec, may
be brougiit uut
of other povern,
tncnts.

CommicHloner
or dipul y em-
poncreil lo ad-
ininixler the
oath^•, and to
search and
seize.

Tonnage of
bliippiog.

Vessels to be
mcasDred, if
suspected.

Prnwback for
wine, nnn, and
tea, allowed, in
case.

918

Pr.oviNCE Laws. — 17GG-G7.

[Chap. 18.]

Proviso.

Appointment
and duty of the
coramissiouer.

DiHjKiHition of
forti'iturt'H.

exporter, upon producing such certificate, or upon such oath of the
master, make oath that he verily believes no part of said wines, rum or
tea hath been relanded in this province, — such exporter shall be
allowed a drawback from the receiver of impost as follows ; viz''^.,

For ever}- pipe of wine, four shillings.

For ever}' hogshead of rum, seven shillings.

And for ever}- pound of tea, fourpence.

Provided., ahvaj/s, —

[Sect. 22.] That if. after the shipping of such wines or ram or
tea to be exported as aforesaid, and giving security as aforesaid, in
order to obtain the drawback aforesaid, the wines or rum or tea so
shipped to be exported, or an}- ijart thereof, shall be relanded in this
province, or brought into the same from any other province or colon}-,
that then all such wine, rum and tea so relanded and brought again
into this province, shall be forfeited, and may be seized by the commis-
sioner aforesaid, or his deputy.

And be it further enacted,

[Sect. 23.] That there be one fit person, and no more, nominated
and appointed by this court, as a commissioner and receivei' of the afore-
said duties of impost and tunnage of shii)ping, and for the inspection,
care and management of the said office, and whatever I'clates thereunto,
to receive commission from the governor or commander-in-chief for the
time being, with authority to substitute and appoint a deputy-receiver
in each port, or other places besides that in which he resides, and to
grant warrants to such dei)ut}--receivers foi- the said place, and to collect
and receive the impost and tunnage of shipping, as aforesaid, that shall
become due within such port, and to render the account thereof, and
to pay in the same, to the said commissioner and receiver: which said
commissioner and receiver shall keep fair books of all entries and duties
arising by virtue of this act ; also a particular account of every vessel,
so that the duties of impost and tunnage arising on said vessel may
appear; and the same to be open, at all seasonable times, to the
■view and perusal of the treasurer or receiver-general of this province (or
any otlier person or persons whom this court shall appoint), with wliora
he shall account for all collections and i)ayments, and pay all such
monies as shall be in his hands, as the treasurer or I'eceiver-gcneral
shall demand it. And the said commissioner or receiver, and his dep-
uty or deputies, before their eut[e]ring upon the execution of their
office aforesaid, shall be sworn to deal truly and faithfully therein, and
shall attend in said office from ten of the clock in the forenoon, until one
in the afternoon.

[Sect. 24.] And the said commissioner or receiver, for his labour,
care and expences in the said office, shall have and receive, out of the
province treasury, at the rate of sixty pounds per annum ; and his dep-
uty or deputies shall receive for their service such sums as the com-
missioner of imp(^st, together with the province treasurer, shall judge
necessary, for whatever sums they shall receive and pay ; and the
treasurer is hereby ordered, in passing and receiving the said commis-
sioner's accounts, accordingly, to allow the payment of such salary
[or] [o/Jsahu'ies, as aforesaid, to himself and liis deputies.

And he it further enacted,

[Sect. 25.] That all penalties, fines and forfeitures accruing or aris-
ing in couse(iueuce of any breach of this act, shall be one half to his
majesty for the use of [t]his province, and the other half to him or tliem
that shall seize, inform and sue for the same, l)v action or information,
iu any of his majesty's courts of record, wherein no essoign, protection
or wager of law shall be allowed : tlie wliole charge of the prosecution
to be taken out of the half belonging to the informer.

[3d Sess.]

Province Laws. — 17GG-G7.

919

And be it farther enacted,

[Sect. 26.] That from and aftorthe comincneemont of this act, in ciinr«cBof
all causes wherein an}' claimant shall ai)|)ear, ami shall not make good HowYo'be puia,
the claim, the charges of prosecution shall I)e borne and paid by the Jncaee.
said clairaer, and not by the informer. [^Passed and j)ublis/ied March
20, 17G7.

CHAPTER 19.

A.N ACT IN FURTHER ADDITION TO THE SEVERAL I.AAV.'^ NOW IN
BEING FOR THE MORE SPEEDY FINISHING THE LAND-BANK OR
MANUFACTORY SCHEME.

"Whereas, b}' reason that Samuel Danforth and Nathaniel Hatch,
Esq'"'[uires], two of the commissioners b}' law appointed for adjusting
the afiairs necessary for the equitable flnishing the Land-Bank or Manu-
factorj- scheme, desire to be excused from officiating any further in tliat
trust, and Thomas Goldthwait, Esq'''., the other of them, is remo\cd
to such a distance that he cannot attend that service, so that no further
proceedings can be had for adjusting and finishing those affairs, with-
out the aid of this court, —

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

[Sect. L] That Edward Sheaffe, Samuel Dexter and James Hum-
phry, Esq'^"'[?a>es], be the commissioners, in the room of the said Sam-
uel Danforth, Nathaniel Hatch and Thomas Goldthwait, Esqt''"'[(//re.s],
to receive commission from the governor ; and the said commissioners
shall, by virtue of this act, after the said Edward Sheafr[eJ, Samuel
Dexter and James Humphry have been dulj' sworn as the law directs,
have as full power, in all respects, as the commissioners heretofore b}-
law appointed, for adjusting and settling the affairs of that scheme,
were vested withal ; and the several laws of this province relative to
said scheme, and each and every clause and paragraph therein, with
the powers and directions, in the same laws, given to sheriffs and other
ministerial officers, touching the service of executions or warrants, of
distress, issued or to be issued by commissioners ; the subjecting the
estates of deUnquents to the payment of assessments ; the sale of es-
tates that have or may be taken by execution ; the quieting of the pur-
chasers of such estates ; and every other matter and thing whatsoever,
shall be of force and take place under the commission to be issued, in
pursuance of this act, for the better enabling the commissioners here-
in appointed, and other oflicers, to proceed to the finishing of those
affairs, as fully, to all intents and purposes, as the said laws would or
might have taken place, had the commissioners heretofore tippointed
still continued in that trust.

Provided, nevertheless, —

[Sect. 2.] That the commissioners appointed by this act do not
proceed in the execution of their trust farther than to call in what may
remain due and outstanding of three first assessments, made by the
former commissioners Anno Domini one thousand seven hundred and
forty-four, and one thousand seven hundred and forty-five, until the
further order of this court.

And be it further enacted,

[Sect. 3.] That the commissioners herein appointed are hereby
enjoined, from time to time, to render an account of their doings, to the
general court, when and so often as said court shall order ; the said com-
missioners to be paid for their time and troul)le in executing this tnist,
as the general court shall hereafter order. \_PasHed March 20, 1767.

Piviiinlilc.
174.{-(4, tliupn.
17 IIIKl -IH.
1744-45, oil. 12.
1748-49, cli. 16.
1750-51, til. 2:j.
1754-55, ch. 24.
1757-58, cli. 28.
1758-.'i'J, cli. 20.
1750-CO, cli. 2.'>.
1702-63, ch. 21.

Edward Sluiiffc,
Saimu'l Di'xlcr
and .Jamt'S
Humphry,
Esqrs., appoini-
id commission-
ers, and their
power de-
scribed.

Commlsuloneri
to render nc-
coiintu, nnd be
p.ilil for their
•er\'icc.

920

PnoviNCE Laws.— 1766-G7. [Chap8. 20, 21.]

CHAPTER 20.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS THAT ARE
EXPIRED, OR NEAR EXPIRING.

Acts revived
and continued.

Act respecting
idle and disor-
derly persons.
1736-37, ch. 4.

Act referring to
tlie poor.
1741-12, ch. 4.
Act referring to
courts of pro-
biilc.
1752-53, ch. 12.

Act referring to
poor, idle, and
va<;rant persons.
1755-56, ch. 43.

Act in explana-
tion to an act re-
ferring to the
poor.

1758-59, ch. 17.
Act for regu-
lating choice of
petit iurors.
1759-60. ch. 29.

Act for limita-
tion of actions.
1759-00, ch. 15.
Act for regu-
lating Mashpee
Indians.
1763-64, ch. 3.

Saving, with
respect to two of
said acts.
1759-00, ch. 29.
1758-59, ch. 17.

Limitation.

Whereas the several acts hereinafter mentioned, which are now ex-
Ijired or near expiring, have been found useful and beneficial ; namel}',
one act made in the ninth and tenth 3'ears of the reign of his late maj-
esty King George the Second, intitlcd ''An Act to L-nable the overseers
of the poor, and selectmen, to take care of idle and disorderly per-
sons ; " another act, made in the fifteenth year of the same reign, in-
tit[«]led "An Act in addition to an act intitled 'An Act for explanation
of, and supplement to, an act referring to the poor;'" another act,
made in the twenty-sixth year of the same reign, intitled ''An Act for
further regulating the proceedings of the courts of probate within this
province ; " another act, made in the twenty-ninth 3-ear of the same
reign, intitled "An Act in addition to the several acts and laws of this
province now in force, respecting poor and idle, disordcrl}' and vagrant,
persons;" another act, made in the thirty-second year of the same
reign, intitled "An Act in further addition to an act intitled 'An Act
for explanation of, and supplement to, an act referring to the poor ; ' "
also, two acts made in the thirt3'-third 3'ear of the same reign ; one, in-
titled "An Act for the better regulating the choice of petit jurors ; " the
other, intitled "An Act in further addition to the act for limitation of
actions, and for avoiding suits in law where the matter is of long
standing;" one act made in the third 3-ear of his present majesty's
reign, intitled "An Act for incorporating the Indians and molattoes,
inhabitants of Mashpee, with their lands there, into a district, with cer-
tain privileges, and for their better regulation," —

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

That such of the before-mentioned acts as ai-e expired, be revived,
and such of the said acts as are not yet expired, be continued ; saving
the first part of the first paragraph in the act intitled "An Act for the
better regulating the choice of petit jurors," so far as it respects the
obligation upon the selectmen to take a list before the tenth of April,
one thousand seven hundred and sixt3' : saviuff, cdso, a. part of the last
clause in the act intitled "An Act in further addition to an act in-
titled 'An Act for explanation of, and supplement to, an act referring
to the poor,'" which has relation to the Lite war; and that all and
ever3' other article, clause, matter and thing therein respectively con-
tained, shall be in force until the first day of July, which will be in the
year of our Lord one thousand seven lumdred and seventy, and no
longer. [^Passed and picblished March '20, 1767.

CHAPTER 21.

AN ACT FOR LAYING OUT AND ESTABLISHING A NEW STREET IN
THE TOWN OF BOSTON, LEADING FROM MILK STREET TO BATTERY-
MARCH STREET.

Preamble.

"Whereas Benjamin Ilallowcll, Esq^''. , by his petition to this court,
has represented that the late widening of Uatterymarch Street, in the
town of Boston, has great!}' incommoded his ship-yard, and has pro-

[3d Sess.]

Province Laws. — 17GG-G7.

921

Battcrymarch

Street hiid out
anew and do-
Bciibcd.

posed that Bread Street, crossing INIilk Street, sliould l)c continued up
to his house, and there open into liatleryniareh Street, and tliat the
old street leading along his ship-yard, IVoin the bottom of Milk Street,
towards his house, and hitherto making a part of Battcrymarch Street,
shoulil be closed up, and the property thereof, according as the same
has been lately widened, vested in him ; in consideration wiiereof he
would satisfy the heirs of Stephen (irecideaf and Isaac Dallurn, de-
ceased, and also the heirs of William Ilallowcll and Samuel Ilallowell,
for all the land belonging to them, respectively, that might be taken
into said proposed new street ; and xvhereaa it ai)pears, I)}- the memorial
of the selectmen of Boston, in answer to said petition, that said pro-
posed new street will be convenient to tlie public, and that the said
town acquiesce in the aforesaid proposal of the said Ilallowell, provided,
that, at his charge, said new street l)e made i)assal)le for carriages ;
that the stones of the pavement of said old street be removed to the
new street, at his cost ; and that he open said new street, at his own
charge, into Battcrymarch Street ; and also, that !Milk Street preserve
its full length and breadth, as lately projected by a committee of the
general court : all which conditions the said Ilallowell has agreed to ;
and ichereas the said Benjamin Ilallowell has agreed with the heirs of
the aforesaid Stephen Greenleaf, Isaac Datforn, William Ilallowell and
Samuel Hallowell, for the purchase of the land taken into said new street,
and said new street has been laid out by a committee of this court, —

Be it therefore enacted by the Governor^ Council and House of
Re J) resent a tives ,

[Sect. 1.] That said new street as now laid out, the westerly side
of which begins on the southerly side of Milk Street, twenty-live feet
to the eastward of the north-easterly corner of the house now improved
b}', and belonging to, John FuUerton ; and, from thence, runs, on a
strait line, to the westerly side of the front door of said Benjamin
Hallowell's dwelling-house ; and the easterly side of which runs parrel-
lel with, and at foity feet distance from, the said westerly side, which
is nearly on a line with the westerly side of Bread Street, — shall be,
forever, a public street, and used and deemed as such ; and shall be of
the width of forty feet throughout its whole length, from Milk Street
to Battcrymarch Street, albresaid ; and all encroachments thereon sliall
be removed, as is directed by an act made and passed in the thiity-
third year of the reign of his late majesty George the Second, intitled
"An Act for the better rebuilding that part of the town of Boston neo-ei, chap. »
which was laid waste l)y the late tire, and for preventing hre in that
town for the future ; " and all actions that shall be brought for recover-
ing possession of any land lying within said street, or for damages
sustained or occasioned thcreb}-, shall be barred.

Provided, nevertheless, —

[Sect. 2.] That said Ilallowell is hereby subjected to make good
all damages that may arise from his failing to perform the whole or
any part of his agreement aforesaid.

A7id be it further enacted,

[Sect. 3.] That the said Benjamin Ilallowell shall be and hereby
is subjected, at his own costs, to remove from the aforesaid old street
adjoining to his shii)-yard, all the paving-stones, into said new street,
but not to lay or pave the same; and also, to make the new street,
hereinbefore descril)ed, passable for carriages, and to satisfy or com-
pensate the heirs above mentioned, as aforesaid.

In consideration whereof, and of his giving for public use the land
contained in said new street, —

It is hereby enacted,

[Sect. 4.] That said Benjamin Hallowell shall have all the land

Proviso.

Duly enjoined
on Henjiimin
IIullowull, KHq.

922

Piiovi^^cE Laws. — 1766-G7,

[Chap. 22.]

1759-€0, chap.

Land to remain

as Bccurity for
performance.

now contained in tlie said old street, according as the same has been
lately- widened, b}' a committee of the general court, in pursuance of an
act made in the thirty-third j^ear of his late majest3-'s reign, intitlcd
"An Act for the prevention of danger and inconvenienc[i]e[s] in re-
building that part of the town of Boston that was lately consumed bj*
fire ; " that is to say, the soutlierl\- line of Milk Street, as settled b}- said
committee, being continued across said old street, the said Hallowell
shall have all the land in said old street to the southward of said line,
as far as the north side of Batterj'march Street, where said new street
will open into it, except so much of said old street as the new street
may take in ; it being herel\v intended that Milk Street should preserve
its full length and breadth as settled by the committee aforesaid ; the
said Hallowell to hold the said land to him, his heirs and assigns, for-
ever: provided^ nevertheless, that sai[d*] land shall be and hereby is
subjected to secure the heirs aforesaid, in case of said Hallowell's fail-
ing to compensate them as aforesaid. \_Passed March 20, 1767.

CHAPTER 22.

AN ACT FOR [THE] EFFECTUAL PREVENTING THE CURRENCY OF THE
BILLS OF CREDIT OF CONNECTICUT, NEW HAMPSHIRE AND RHODE
ISLAND, WITHIN THIS PROVINCE.

Preamble.
1761-62, chap.
27.

Bills of other
j^ovcrMmoiils,
prohibited,

— on penalty of
£50.

rcrnoiis choHen
into oiricoH, to
take III) ouDi,
with an excei»-
tiuii.

Whereas bills of credit still continue current within the governments
of Connecticut, New Hampshire and Rhode Island, and it is of great
importance to the interest of the inhabitants of this province, and to
the interest of such of his majesty's subjects in Great Britain and else-
where, as have trade and commerce here, that the currency of said bills
should be effectuall}' prcA'cnted throughout this government, —

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

[Sect. 1.] That every person within this province be and hereby
is strictly forbidden to account, receive, take or pa}" an}' bill or bills
of credit, of either of the governments of Connecticut, New Hampshire
or Rhode Island, in discharge of any contract or bargain, or for any
valuable consideration whatsoever ; and that every person who shall so
account, receive, take or \rdy any of said bills within this province,
sliall forfeit the sum of fifty pounds for every offence ; one moiety thei'c-
of to his majesty, his heirs and successors, to and for the use of this
government, the other moiety to him or them tliat shall sue for the
same ; to be recovered, with full cost[.s] of suit, by action of debt, in
any of liis majesty's courts of record within this pi'ovince, or by pi-e-
seiitmrnt of the grand jur}-.

A)id be it further enacted,

[SiccT. 2.] Tliat from and after the last day of March, which will
be in llie year of our Lord one thousand seven hundred and sixt3-seven,
eveiy i)erson who shall l)e chosen to serve in any oHice in any of the
towns or districts or pi'ccincts of this province, such ollices excepted
to the refusal of which an}' penalty is, by law, annexed, shall, before his
enti'ance upon such ollice, take the following oath, to be administred
by a justice of the p(>ace, or, where no justice of the ])eacc shall be pres-
ent, by the town, distiict, or precinct clerk, who is hereby [e][/]ra-
powercd to administer the same ; viz'''., —

• Parcliiuent mutilated.

[3d Sess.] PnoviNCE Laws. — 1TGG-G7. <)v):j

You, A. B., do, in the presence of God, soloni[n]ly doclaro that you liavo not, Form of iho
since the thirty-first day of March, one thousand seven liiuidn-d and sixty- ""i""-
seven, wittingly and willingly, directly or indirectly, either i)y yours.-if or any
for or under you, been concerned in receiving or paying, witliin tliis govern-
ment, any bill or bills of credit of either of the governments of Connecticut,
New Ilampsliire or Rhode Island. So help you God.

[Sect. 3.] And where any person, cho.sen and not exempted :is oihoroflUorHto
aforesaid, shall refuse or neglect to take tlie oath aforesaid, on tendering J^,"„i.*',T'''.','i''.
the same, the town, district or precinct shall proceed to the choice of or''iVfu«u}.'''^'''
another person in his room.

And be it farther enacted,

[Sect. 4.] That when any person shall be chosen to represent any ivrno- « ci.<,»cn
town within this province, in the general court or assemblv, such Dcr- '■fprcscntaiiv. «.
son so chosen shall take the oath aloresaid ; and return shall be made by
the selectmen, upon the back of the precept, that the person so dioscn
hath taken the oath aforesaid ; and if an}' person so chosen shall re-
fuse or neglect to take the oath aforesaitl, such refusal or neglect
shall be deemed a refusal to serve as a representative ; and the town
shall proceed to the choice of another person in his room.

And be it further enacted,

[Sect. 5.] That the oath aforesaid shall be administred to each nis mnjcHty-s
of the members of his majesty's council ever}- .year, at the same time ii""oath'" '"'"
when the usual oaths required to be taken b}- the said members of his
majesty's council shall be administred ; and all officers, civil and
military, within this government, who shall be nominated or api)ointed,
shall, before the}- receive their respective commissions, take the oath
aforesaid, and their respective commissions shall be otherwise void ;
and all persons elected into any office by the general assembly shall
be deemed not qualified to enter upon the execution of their respective
offices until they have taken the oath aforesaid.

And be it further enacted,

[Sect. G.] That no execution shall be issued from the office of any The said oath
clerk of any of the inferiof^lr courts of common i)leas. or of the suiier- 'obci.-ikcn

• r -I /> • T r- 1 , upon isHUing

ioL?<Jr court of judicature, lor any sum whatsoever, unless the plaintiff cxccutionB on
or plaintiffs, suing in his or their own right, and dwelling witliin this cour™'"'*"*^
province, shall first take the oath aforesaid, to be administred by a
justice of the peace, or by the clerk of the court from which such
execution shall issue ; and certificate thereof shall be made on such
execution ; and if any execution shall issue or go forth witiiout
such certificate, the same shall be and hereby is declared to be void,
excepting as is hereinafter provided : provided, nevertheless, that no
person taking out an alias execution, shall be required to take said
oath; and no licence shall be granted to, nor any recognizance taken — .md ui>on
from, any taverner. itinholder or retailer, by the justices of any of the [j^L.'njJ.g"'
courts of session within this province, nntil[/] such taverner, innholder
or retailer shall have taken said oath in presence of the court, or cer-
tificate of his having so done, from a justice of the peace, shall be pre-
sented to the court.

And be it further enacted,

[Sect. 7.] That for every oath administred as aforesaid by tlie cicrk'ifco.
clerk of any court, he shall be allowed threepence, and for every cer-
tificate by him signed as aforesaid, threepence, and no more; an<l the
cost and charge of such oath and certificate shall be added to the sum in
the execution required to be levied accordingly.

And u-hereas it frequently happens that persons who are intitled to rmunWe.
take out writs of execution upon judgments by them ol)tained, are
absent out of this province, or employed in his majesty's service in
such parts of it as arc very remote from the places where such judg-

924

PiioviNCE Laws. — 17GG-G7.

[Notes.]

Proviso with
regard to
cxecutioDB,
whore persons
are absent or
remote.

Certificate there-
of to be deliv-
ered to the
clerk.

liimitation.

ments are entered, and so cannot take the oath b^- law appointed to be
taken before executions are issued ; wherefore, for remedy of these
inconveniencies, —

Be it enacted,

[Sect. 8.] That when any person or persons shall be absent from
this province, or emplo3'cd in his majesty's service in such parts
thereof as are very remote from the courts or places where tliey
recover judgments, in all such cases it shall be lawful for the clerks
of the superio[M]r court of judicature, court of assize and general goal
deliver}', and of the inferior courts of common pleas, or other courts of
law, to issue writs of execution, when applied for, upon judgments
recovered by such person or [)ersous as are before mentionetl, notwith-
standing he or they have not taken the oath appointed l\v this act to
be taken : provided, nevertheless, that before executions are issued, as
aforesaid, a certificate in writing, under the hand of any justice of tlie
peace for an}' county in the province, shall be delivered to the clerk
who issues the execution, setting forth that, at the date of such certi-
ficate, the person or persons on whose behalf execution is applied for,
is then out of the proA-ince, or employed in his majesty's service as
aforesaid.

[Sect. 9.] This act to continue and be in force until the last da}'
of March, which will be in the year of our Lord one thousand seven
hundred and sevent}', \_Passed and published March 20, 1767.

Notes. — All tlie public acts of this year were printed, — chapter 0, separately; and
the enj^rossments of all acts are preserved, including one private act, the title of
which is as follows: —

" An Act to enable "William Pepperrell Sparhawk Esq"" to take the name of William
Pepperrell." [Passed June 18.

The acts of the first session were certified for transmission, August 10. ITdii. They
were received by the clerk of the Privy Council, in waiting, on the seventh day of
November following, and immediately referred to the committee on plantation affairs,
by whom, on November '1\), they were referred to the Lords of Trade. They were
received by the latter, December (!, read December tS, and thereupon referred to Sir
Matthew Lamb, who reported. May 2, 17(i7, that, "upon ]icrusal and consideration
of the before mentioned Acts I have no objections thereto in point of law." This
report, together with the acts to which it referred, v>-as considered by the Board, Juno
12, 17()7; and the draught of a rejiort to tlie Lords of the Council was onlered to be
prejiared, jiroposingthe disallowance of chapter .5.— See the not(» to that chapt(!r,/j".>.7.

The acts of the second session were certitied for transmission. December 27, 17U(i.
They wiu-e received by the Lords of Trade, March 10, 1707, and the proceedings that
followed are shown in the note to chapter 10, post.

Tli(i acts of the third session were c(!rtilied for transmission, ISIay 2, 1707, and were
laid before! the Lords of Trade, June oO, and iinmctlialcly referred to Sir^Mattliew
Lamb, for his opinion thereuiion. On the liftcentli of November Sir Matthew Lamb
reported that he had " no olijection thereto in ]ioint of law," which report, with tiie
accompanying acts, was read at the IJoard, December 1, wiien the further considera-
tion of chapter 22 was jiostpoued to December 8, 1707, after which no record of any
further proceedings upon the acts of this year has been discovered.

Chap. 1. See note to 1768, chap. 1, post.

Chap. 2. " June U, 1760. On the Petition of William Miller and Others Inhabit-
ants of that ]iari of the Town of Bristol in the County of I.,incoln formerly called
"Walpole: A LIU was brought in intitled ' An Act in addition to an .\et intituled
An A<t for enacting a Town in the County of Lincoln by the name of Bristol,' The
said Bill liaving been read a first and second time In Council, Passed to bo En-
grossed.

In the House of Ilepre.sentatives, Read- a first, second and third time, and passed
a concurrence." — Council Records, vol. XXVI., p. 255.

('liiip.r<. "Nov. 1, 1705. In the House! of Beiircsentativcs. Onlered that Colo
Bowers, M'' Hail, Col" Noyes, >!■" Cusliing and ('aji' Brown with such as the Hon'"'''
Board shall join be a Committee to consider the Exiwdiency of Ileiiealiiig tlu! ai't
respecting insolvent Debtors &c and report.

In Council, Bead and Concm-red, and William Brattle, Harrison Gray and Nath'
Ropes Esq" are, joined in the affair." — Coiinril Iirmi-ds, vol. A'A'JV., /). 10:>.

Tli(! committee appointed as above, reiiorted a bill to tlie tJouncil. on the fotirth of
February-, 17(li>. Tlie bill so reported, which pro\ided that itshould not be .so con-
strued as " to exclude such as have made application since the first of Nov bist. in
order to receive y lieiielit of s'' acts " was recommit ted, after a second reading in the
House, and, on the tenth «f Eebruary it was passed to bo engrossed, iu the Council,

[XoTKS.] Province Laws. — 17(10-07. ' 905

" as taken into a now draught by the committee." Tlio ITonse r(>fMse(l to coiipur in
this VDtf, althoiij;h the now draught ajipi-ars to liav(! hi'cn idcntiral witli the jtri'sent
(■lia|>ter, and voted for the api>ointnieut of a new eonmiittee, to report, at tiie next
K ssion, ■• what they judj;o proper to he enacted relating to tlr- repeal " of the in-
8olvcnev-aets, " or to re|iort a new hill." The fonni'il noiiconenrrecl, and voted to
adh.re to their vote of the tenth of Fehruary. The House iherenpiju receded; and
tile l>ill was ]>tvsscd to he enacted in hoth hranehes, hut failed to receive, the ji.sseiit
of the CoN'ernor, for the rca.sons which appear in lii.s letter to tlio Lord.s of Trade,
(hiteil March 10, ITcki, from which the following extract is taken: —

'• Tliere was another Bill laitl hefor<! me, whicli I liave not pa.s.sed: that isaBill
for rei>ealing the hito Insolvent Act. The reason given h>r it w:i.s : hal the Act had
heen )nuch abused by fraudulent debtor.s. But it is tlie nature of these Acts to
he subject tt) abuse and much more so where they are not ii.ssiste<l by a (.'ourt of
Eijuity which can enquire into frauds. And yet without them the Coiiinion Law is
]>regnant of greater abuses from partial attachments and fraudulent judgments. I
theret'ore thought and with me many others that the Act should be rather amended
Ilian ri!i>ealed, But if it was to V)o repealed, it ought to be done at a day distant fr(,m
the pa.ssing the Act of repeal, that absiuit Creditors who now trust it may know
when it is to cease. For these reasons I have declined passing f lie I'.ill, tho' as the
(General Court is continued by adjournment I can vet do it if I see occasion." —
" .1/(f.«.>-. Hoij, I!. T.," vol. 7',i, M.'in.. L', in I'lthlh-.Ui.imiOffvc

"Feb. '_'!, ITijtj. In Council. Whereas a Bill lias jiassed the two Houses and now
lies before his Excellency for consideration intituled 'an Act for Kepealing two
-Vets, one intituled An Act for preventing fraiul in Debtors and for securing the
Effects of Insolvent Debtors for the beuctit of thi-ir Creditors: The other Act inti-
tuled An Act in addition to au Act for preventing fratul in Debtors and for securing
the Effects of Insolvent Debtors for the benetit of their Creditors: both made in the
lifth yearof his present Majesty's Reign.' Ordered That tin? .lusticesof the Superior
Court of Judicature &c. be and hereby an; directed to issue no Warrants for attach-
ing tlie Effects of absconding or c'ouceaU'd Debtors luitil after the end of the present
Session of tho General Court, saving to those who had before this time legally
ajiplied for said Warrants, and had a right to the benefit of said Acts. In the House
of Representatives, Read and Concurred. Consented to by the Governor." — Cuuncil
liecords, fol. XXVI., p. l'J7.

" Feb. 121, 17(jti. In Council (19">). The Board being informed that application had
been made to Benj" Lynde Esq' one of the .Judges of the Superior Court by the
Crwlitors of MfllenryQuincy a person represented insolvent for a Warrant to attach
the Effects of the said Quincy the Board tliereupon sent for Ca]>' Samuel Bultinch
who had been employed in this business, w ho accordingly ai>peared before the Board
and informed them that he went to Salem on Monday the 17"' Instant, and iisked of
Judge Lynde a Warrant to attach the Effects of Mi" Henry Quincy a i)er.son insol-
vent. The Judge asked him if he was a Creditor? He said No; but that he came
by desire of M' Quincy and shewed him a petition from abciut a dozen of the Cred-
itor.s— When the Judge kni-w he was thus impowered, and the deman<l was still
made, he replied, he would make a minute of it, and if the Others who applied had
the benefit of the Act M'' Quincy would have it likewise. Judge Lynde inqtiired of
MfBulfinch if the Bankrupt Act was rei)ealed, who told him, it was not: and in the
conversation the Judge said, he did not choose to issue a Warrant unless he could he
indemnitied against the penalties of the Stamp Act. Thereupon Ordered That the
Secretary send by Express a Copy of this information to .Judge Lynde and acquaint
bimthat'the Board would be glad' he would forthwith come and take his seat in Coun-
cil if he can conveniently, that he may then inform the Board of the true state of this
matter, and if he cannot attend in per.son that he would write them and let them know
whether his difficulty arose from the uncertain situation in which he left the Bank-
rupt Bill, or wliether it arose from the penalties he might be exposed to on account
of the Stamp Act; on which last Article he is requested to be full and explicit.

In Council (20"»). The Board having received a Letter from Benj» Lynde Esq' one
of the Justices of the Superior Court in reply to what had been alleilged Yesterday
by Mf Bulfinch of his having refused to grant a Warrant to attach the Effects of an
insolvent Debtor— The said Letter was read at the Board, and it wa.s thereupon
Resolved, that Judge Lynde's Reply was fully satisfactory to the Board; and that
it thereby appears that liis Conduct in tin; affair is not only free from all IWame, but
that it merits the approbation of the Board."— I hid.

'•June 17, 17(«;. In the IIou.se of Representatives. Ordered that M' Otis. Col"
Bourne and Maji^ Humphrey with such as the Iloni^i'^ Board shall join be a Committee
to bring in a Bill for the Repeal of the Bankrupt Act. In Council. Read and Con-
curred, and James Bowdoin and Harrison Gray Esq" are joined in the affair."—
Ibid., p. 258.

"June 2."), I'fiT). His Excellency acquainted the Board that a Bill for repealing
the Bankrupt Acts passed the la.st year, had been laid before him. ami stated to the
Board certain difficulties he had about giving his Consent thereto, particularly as it
might affect Creditors in England, who being at a distance might in many cases l»e
prevented coming in for anv share of tlu; effects of In.solvent Debtors.

His Excellency further informed the Board that he had laid this <lifticulty before
the Board of Trade when such a Bill w.is laid before liim the l.ist Ses<ion, which
made it more ditficult for him to .sign the Bill now before him: but that on the other
hand he understood that the inconveniences that wouhl attend the Creditors in
England bv tho fraudulent practices upon the .said Acts, might be great. -r and more
prejudicial" to them than if^ the Repeal of the .sai<l A<-ts were to lie 8usi»<-nde<l for
gome months: And iisked the Advice of the Board upon the whole matter.

The Board were of Opinion that the inconveniences that would arise from the
suspending the Repeal of the said Acts for such a toruj of Ume, would be preater umI

926 Province Laws. — 1766-67. [Notes.]

more prejudicial to the British Merchants than the inconveniences first mentioned:
And tliereupon

Advised i;>, to 3, — Tliat upon consideration of all circumstances His Excellency
Sigu the Bill now laid before him." — Executive Records of the Council, 17G5-1774,
p. 127.

" Among the Acts which are now transmitted to Your Lordships is an Act for
repealing the Baukrupt Act, which I've Ijefore observed upon. All Acts of this
kind are very subject to abuses: this had produced so many fraudulent insolven-
cies, That people of all kinds, were earnest for having it repealed. I had refused it
in a former Sessiou because I thought Creditors ought to have previous notice of
the repeal taking place. This objection had less weight in this Session, as it was
xirged that the two Houses passing the Bill last Session was giving such notice as I
had required. Being very much pressed to pass this Act, I took the advice of a
very full Council, when having stated my reasons why the repeal ought to take
place at a distant day, they were unanimously of opinion that the inconveniences
arising from the postponing the repeal, which were certain, greatly outweighed those
apprehended from making it instant, which were barely probable, I thereupon
passed the Act." — Gor. Bernard to Lords of Trade, Sept. 3, ITGtJ: " Mass. Bay, B. T.,"
vol. 79, M. m., 44, in PubUc-Eecord Office.

" At the Court at S' James's the 24"> day of July 1767 —
Present
The Kings most Excellent Majesty-
Arch Bishop of Canterbury Earl of Shelburne
Lord Chancellor Viscount Falmouth
Duke of Queensberry Viscount Barrington
Duke of Ancaster Viscount Clare
Lord Chamberlain Bishop of Loudon
Earl of Litchfield M-- Secretary Conway
Earl of Bristol Hans Stanley
Whereas the Great and General Court or Assembly of his Majesty's Proviuce of
the Massachusetts Bay in New England did in June 17tJG pass an act which hath
been transmitted intituled as follows viz' —

'An Act for Repealing two acts, one intituled, an act for preventing fraud in
' Debtors & for securing the Ei¥ects of Insolvent Debtors for the benefit of their
' Creditors; the other act intitled, an act in addition to an act for preventing fraud
' in Debtors and for securing the Effects of Insolvent Debtors for the benefit of their
' Creditors; both made in the fifth year of his present Majesty's Reign.'

Which Act having been under the Consideration of the Lords Commissioners for
Trade & plantations, and also of a Committee of the Lords of his ISIajesty's most
honourable Privy Council for Plantation affairs, the said Lords of the Committee
did this day Report to his Majesty as their Opinion that the said act ought to be dis-
allowed & 'rejected, —His Majesty taking the same into consideration, was pleased,
with the advice of his Privy Council to declare his disallowance of the said Act,
and to order that the said act be, and it is hereby disallowed and rejected— Whereof
the Governor, Lieutenant Governor or Commander in Chief of his Majesty's said
Province of the Massachusetts Bay, for the time being and all others whom it may
concern are to take Notice & Govern themselves accordingly. —

. W. ^iixiiVR." —Records of Commissions
in Office of Secretary of the Commonivealth. r'ol. 3, p. <)7.

" Feb. 3, 1768. His Excellency having laid before the Board an Order of His
Majesty in his Privy Council, dated the 2+"' day of July 1767, by which His Majesty
hatii been pleased to disallow and reject an Act passed by the Great and General
Court or Assembly of this Province in June 17()i), intituled as follows, viz' An Act
for rcpcalini/ tico Arts one iiitith-d An Art for prevent ina fraud in Debtors and for
seen rim; the r frets of Insolrent Debtors, for tlie benefit of their Creditors ; the other Act
intitled' An Art in a'ddition to an Art for prevent inr) fraud in Debtors and for securinr/
the e frets of Insolvent Debtors for the benefit of their Creditors, both made in the fifth
year of His ]ircsent ^Lijesty's reign.

It was Advised and Ordered that notice be given in the Massachusetts Gazette,
that the said Act is disallowed and rejected, that all persons concerned may govern
themselves accordingly."— A>e'7/rjrfi Records (f the Council, 17(55-1774, 2^. 280.
See, furtlier, 176i>-70, chap. 10, and note, post.

Chap.Cu " June 5, 176G. The House took into Consideration the Circum.stancea

of such Towns as sent no Rc[ircS(!ntativ«'s the pr(>sent Year.
Itcsolvcd, That the several Sums be added in tlie next Province Tax Act, to be

laid on the following Towns respectively, for not sending any Persons to represent

them in tlic (ieneral Court the present Year, Viz.

Hr.M.kliuc £10 0 0

Walpole 800

Wcnliam, (5 15 0

Middleton 7 17 0

Mancbcstor, 5 15 0

Wilmington, 7 0 0

Holliston 6 15 0

Acton 660

Duxborough 9 0 0

Hopkiiiston, 9 0 0"

Pctirsbam 6 0 0

Georgetown 10 0 0

Dudley 6 0 0"— House Jourruda,

1766-67, p. 4S.

[Notes.] Province Laws.— 1700-07. 907

"June 14, 17r>3. In the House of Representatives. "Whereas lln- Tax laid upon
the Town of Newbury port on the division of the Tax of the wlioie Town in tlie year
]7(>4 was not taken from any valnatinn and perfect Lists i>f tli(' Assessnienls laid on
the lulialiitauts of Newliury port for Lauds witiiiu the Town of Newbury by said
Town, and also on Newl)ury by Newbury port cunnot bo obtained for want of time
this Session. Therefore

Resolved That tiie assessors of Newbury for the your ITiil to;;ether with tlie, a.sse.s.s-
ors of Newbury port for the present year be direeti'd to prepare such List aeeording
to the last valuation taken thro' tiu; Province in thi; year ITiil, and make return of
sueh List to this Court at their next Session: and if it appears liy sueli List that the
Tax now laid upon each Town is uuecpial it shall then \n: set rij^lit in the ne.\t Tax
Bill, and the Sum or Sums so assessed sim/e the I)i\ision v{ the Town shall be
repaid to either Town. In Council, Read and Concurred. Consented to by the
Governor."— CVii(n'-i7 licconls, vol. XXVI.. /». L'li.

" June IS, 17()5. In tlie IIous(( of Representatives. Whereasthe General (^ourt
at their Se.ssion in June \1M onlered that the sum of Twenty live pounds seventeen
.shillings and oue penny shoulil bi; added to the Tax of the Town of Deerlield for the
year 17(>."», beinjj so much paid our of the l'rovin<'e Treasury to John' Worthiiij;ton
and Josejih Hawley Esij''^ and Major Benj" Day, a Committee of tliis Court to Settle
the Line between Deerlield and Hunts Town &;c And Whereas the Tax Rill for
the current year passed this ilouse before saitl Order was taken notici" of. There-
fore Ordered that the said Sum of £25: 17: 1 be added to th(! Tax of Deerlield for
the vear 17(56. In Council, Read and Concurred. Consented to by the (Jovernor."
—Ibid., p. ;«.

" June 20, 17Go. A Petition of the Selectmen of Gorham— prayins^ that in consid-
eration of their losses the last year by Fires &c it will be very difticult for them to
pay their Province Tax; that they are now about Settlin<^ a Minister, which will
bring a considerable charge upon them. And praying that their Province Tax for
17(>4 may \w abated them.

In the House of liepresentatives, Read and Ordered that the Province Tax laid
on Gorham for the year 17(;4 be suspended. And that the same be added to their
Province Tax in the year 17(i(); and the Treasurer is directed not to issue his Execu-
tion against said Town in the mean time. In Council, Read and Concurred. Con-
sented to by the Governor." — Ibid., p. 47.

" July 24, 17(jo. Advised and Consented that a Warrant be made out to the
Treasurer to pay unto the Select Men of the Town of Sunderland, or their Order, the
sum of Ten Pounds two shillings and six jnuice, granted by the General Court, the
same to be added to the Province Tax of the District of New Salem the next Year,
and this sum to be in full of any disputes between the Town of Sunderland and the
District of New SalQiu, relative to the Representatives Pay; said Grant was made
November 3i"d 17(14, for which no warrant was then issued." — Executive liecords of the
Council, 17t>5 to 1774, /). 2:>.

" June 1!>, 17()(j. Advised and Consented that a Warrant be made out to the
Treasurer to pay unto Ephraim Sherman, for the use of the Town of Grafton, the sum
of Seven Pounds five shillings. Allowed by the General Court as an abatement of
the Fine laid on said Town for not sending a Representative to the General Court
the last year." — Ibid., p. 124.

" June IS, 17()7. A Petition of .Joseph Mellen Agent for the Town of Hopkinton
Praying that in consideraticni of their ]ioverty, and the Expence tlx-y have lately
been at in supporting their jioor, in repairing their meeting House, and in building
a School House: a Fine of nine iionnds laid upon them the last year for not sending
a Representative may be remitted them.

In the House of Representatives. Resolved That there be allowed and paid out
of the public Treasury to Josejili Mellen agent for the Town of Hopkinton the sum
of nine pounds, the said Town being fined that Sum for not sending a Representa-
tive to the General Court the last year.

In Council, Read and Concurred. Consented to by the Governor."— Cot/nW/
Records, vol. XXVII., p. 71.

" Jan. (i, 17()S, Advised and Consented that a Warrant be tnatle out to the Treas-
urer to pay unto the Select Men f)f the Town of Glocester the sum of Fifty Pounds;
that sum being abated said Town by the General Court, in their Taxes for the year
17GG." — Executive Records of tlie Council, 171)5-1774, ;>. 270.

Chnp. 8. The action of the Legislature upon the petitions of John Franklin, Isaac
Winslow an<l others, and upon the memorial of Thomas Stevens, for encouragement
in the manufaeture of jjotash, is given in the note to 17.">4-55, chap. 2(i. (nit'\ That
act, the operation of which was limited to July 1, 17(», wa-s continued, by sub.se-
quent acts, bevond the time of the adoption of th<! Constitution, and, with the act of
June 17, 17!tl (chap. !'). which superseded it. is the basis of the exi.sting statutes upon
the subject, although it appears from the following petition, that nearly a year after
the passage of that act there wiis no incumbent of the ofHce of a.ssayer, and no evi-
dence has been discovered of the appointment of such ofHcer during the provincial
period: —

" Dec. 12, 1755. A Petition of Josrph Wildir, Jun. and Ctdrb Wibhr. of iMnraster
in the Countv of Worcrstrr, .setting forth, that they have acquired the Art of making
Pot-.ish and /'-'iW-.l.s/i, liave now by them a Quantity of the said Commodities,
which thev i)ropose to ship for Grcut liritniii. but by an .\ct of this Provime p.issed
in the twentv-e^ghth Year of liis present Majesty's Reign, they cannot ship off tho
same before it shall be Assayed by an Officer to Ik* for that Puriwse api>ointed by the
General Court; therefore praying that an As-say-Mastcr may be app<Mnted agreablo
to the said Act.

928 Province Laws.— 1766-67. [Notes.]

Read and Ordered, That Mr. Gridlcy, Mr. Wilder, and Judge Ritusell, be a Commit-
tee to take this Petition under Consideration, and report thereon." — House Journal,
p. 228.

The Board of Trade had encouraged the production of this new staple of the
American colonies, which, they hoped, would, ultimately, render the mother
country independent of foreign markets, for a material indispensable to certain
established industries in Great Britain; and the encouragement thereof by the
Home Government might, moreover, be regarded as a concession to the growing
spirit for manufactures, in the colonies, though in a line in which British manufac-
turers would incur no possible danger from competition. In legislating for the
encouragement of this manufacture, the principal difficulties encountered, arose
from insufficient knowledge of the art of producing potash, and from the want of
certain and convenient tests of its strength and purity: the latter being as necessary
to maintain its reputation in the market, as the former was to enable the producers
to compete with the prices of the article imported from foreign countries.

The following extracts exhibit some of the more important steps in the progress of
this manufacture in Massachusetts, as well as of the movement resulting in the
passage of this chapter. It was not, however, until after the i)assage of the act of
June 17, 1791, that potash and pearlash, of Massachusetts brands, began to compete
favorably with those inspected and branded in New York, where a more rigid sys-
tem was adopted earlier.— See Dr. David Townsend's pamphlet on the manufacture
of pot and pearl ashes, Boston, 1793.

" To His Excellency William Shirley Esq"" Cap' General & Commander in cheif of
the Province of the Massachusetts Bay &c. &c. &c. and

To the Hon'^'e His IMajesties Council and House of Representatives in general
Court assembled—

The Petition of those engag'd in the Manufactory of Pot-Ash humbly sheweth —

That your Petitioners having with great labour and Expence erected Buildings
and prepard Materials for making tryal of the Vieforemention'd Manufacture, tlio
practice of which tho' often attempted here to little or no purpose, is now or will in
a short time be made so intelligilile, as to render it at least a very advantageous
ISranch of Trade, if not the principal Staple of the Country, provided some Encour-
agement could be afforded which may contribute to support the extraordinary
charge naturally attending the investigation of things of this Nature, and so requi-
site to bring thtnn forward to Maturity;

Would therefore humbly pray this Hon'''" Court that they would please to grant
Encouragement in such way arid manner as in their Wisdom they may judge meet,
both as an alleviation of the extraordinary Expence and trouble your Petitioners
have been att, and for the farther promoting so valuable a Branch of Trade as your
Petitioners apprehend this Manufactory is likely to prove to tl;is Country in general,
and to this Province in particular. —

And your Petitioners as in Duty bound shall ever pray &c Ricn<i Guidlev

Jn'o Mascakenk
Boston 14"' April 175()— Henry Barnes

In Council April 15 1756 Read & Sent down— Ocf20"i referred to y^ next sessions—
& yc Com'e« viz' Otis Folger Taylor Worthington Hubbell have leave to sit again."
— ^fass. Archircs, ro/. 59, p. 422.

" Gentlemen of the Council & House of Rein-es^^'s

This aiconipanics a Petition of Moss'^ Oriilley Mascarine & Barnes, Undertakers
of the ^binnt'acture of Potasli within this Province Praying for some Encouragement
from this Goverinn' in that Business:

I think mysilf ol)liged to recommend this matter to your Consideration as that
which the P'arliam' of Great Britain have much at Heart: And which, If it takes
Footing here cannot fail of being highly beneticial to this Province by Introducing
a good Stapli! for our Trade & Facilitiiig the Clearing of our unimproved Land &
thereby Promoting our Husliandry: I think it will be our Wisdom to encourage
such Productions .& Manufactures among ourselves as will be so f.ir from giving
umlirage to the Gov(!rnm' at Home as they will render us more accei)tal)le to them
es])(?cially if wc; can also otherwise find our own account Iherein.

As to the i)articular Way of Answering the Petitioners Ucquest I leave to your
Dis('retion; but think the Affair of such importance as to require your deliberate
attention. W SmiiLKW"— Ibid., i).4^-ii.

" Province of tho )

Massacliusetis Bay j To his Honour Spencer Phips Esq' Lieu' Governour & Cora-
mamler in Cliief.Tlie Hon''''-' his majestys Council & House of Representatives in
(Jeneral Ouirt assembled May 175().

Tile Memorial of those engag'd in tho Manufactory of Potash—
Humbly ^>llew

That your mcunorialists at the close of tho last Session of the Great & General
Court for tliis jirovincc presented the Petition accompanying this memorial, i>raying
as in said Petition appears but by reason of the weighty affairs then lying bi^fore tho
sail! C'ourt nothing was donc^ on said I'ctition

Wherefore Your nienioralisls pray that Your Honours would be ]ileased to take
the said I'etitiou <& recomniendation of his Excy Gov Siiirley on the Suliject
matter of .saiil Petition into consideration and do that therein wliieh to Your Hon-
ours shall be thought nu-et, and as in Duty hound they w ill ever pray &c.

Jv Mascakenk for self and the others concern'd." — Ibid., p. 424.
" Province of the )

Ma.ssachusett8 P.av ( To his Honour Spencer Phips Esnf L' Governour & Com-
mander in cliief. The Hon''''-' his majesty's Council, & Hon"'* House of Representa-
tives in General Court a.s.sembled Ocf 175(5.

[Notes.] Province Laws. — 170(1-07. 909

Tlie Potition of .Tohn Masoareno
Hiimlily Shows,

Tliat your Vvl' has lately gained the Art of mainifaetiiriii}? of I'ot-iush, & lieing
willing to liring the same to ]>erfection has expended large sums of money in
ereeting Buildings & setting up Works at a place ealled Cold Spring in the County
of Hampshire. — That yi)ur Petitioner finding it imjiossilih- to carry on tlie saiil
Works without assistance, eommunicated tiie said Art to six Persons^ who now aid
your Pef in the management of saiil linsiness, & witliout whose assistance tlic said
Works nuist stand still, & a sto]) jnit to tin; said nianufaetury.— and inasmuch iis the
mainifacturing of pot-ash has from experience already been "found to Ite a great pnli-
lick Benefit.

Your Pef humbly prays that Your Hon'"' would be pleased to Grant a Protection
to the said Six men. that so they may be freed from any Impress which may occiv-
sion an obstruction to their Carrying ou the Business afores"— and your Pet"' as in
Duty bound will ever Pray &c Jn" M.\scaukm;.

In the House of Representatives Ocf 20. 175(5. Read and Ordered That the Prayer
of this Petition be so far granted, as that the I'ef hav(! six men fre<Ml from any im-
press while he carries on the Pot-Ash business at Cold Si>ring for tlie s|)ai-e of six
years, he giving in their names to the Colonel of the Regiment they i)elong to, That
so they may not be shifted unnecessarily.

Sent up for Concurrence Attest: IIenuy Gtuna Cler Dom Rep

In Council October 23. ITotJ Read and unanimously Non Conenr'd

Thos Cuakke Dp'y Secry. "—//;///.,;). 425.

To His Excellency Thomas Pownall Esqf Captain General and Commander in
chief of His Majesties Province of the Massachusetts Bay in New-England &e. &e.
&<:. and

To the Honourable His Majesties Council and House; of Representatives for tho
said Province in general Court assembled Novem1)er 2:!^ 1757. —

The Petition of .John ^Nlascarene of Boston Merchant humbly shcweth

That your Petitioner, upon the Encouragijinent which M"" Stevens (a Gentleman who
lately came from England) had receiv'd from the Right Hon''''^ the Board of Tracle
for Setting up the Manufactory of Pot-Ash in America, and prompted by the desire
of undertaking a Business which seem'd to promise so many advantages to this
Country: did at his own Expenee and charge about two Years past, undertake to
erect buildings, and prepare necessarj' Works and Materials for carrying on the said
business, but that your Petitioner finding the Method then i)ractis'd insufficient to
answer the end propos'd, has since that time with unwearied diligem-e and applica-
tion been making alterations, trying Experiments, and using all Sletlioils which tho
Nature of tho thing seem'd from step to step to reipiire, in order to bring the busi-
ness to perfection, and render it capable of being carried on in a plain and regular
Manner, which he has so far effected as to be able to produce Pot-Ash equal, if not
sn|ieriour to what is made in Russia, as is evident from its obtaining the highest
Markett in London, signified to your Petitioner in a Letter from his Correspondent
there, and that your Petitioner having nearly comph^ated the necessary prejiarations
is now prosecuting the said Business. And as your Petitioner doui)ts not he can
sufHciently satisfie any impartial Enquirer of the many advantages which will arise
to the Country in general, and to the Farmer in particular from the nrosc'cntion of
this Business, and able also to satisfie any Committee which this Hon''^'^ Court may
apjioint of the Improvements made in the said Pot-Ash manufacture, and of the
great trouble and Exiiencc your Petitioner has been at therein, insomuch that unless
some assistance be granted to reimburse his former Expences, your Petitioner finds
himself unable to carry on the same, and thereby the said Manufacture may in a
great measure, if not whoUj- be discourag'd.

Y'our Petitioner therefore; humbly prays that he ma.v bo look'd upon as one who
has been employing his stock and Talents in the Service of liis Country, and in con-
sideration thereof may recc'ive some reimlmrsement of the heavy burthen which he
h;is drawn upon himself, or be assisted in sudi other way .as the Hon'''*-" Court shall
in their Wisdom think most convenient, to enable him still to prosectite the said
Business, anil tlierel)y lay a foundcation for the incrciuse of this valualile manufac-
ture, which will prove One very advantage(jus Spring of Wealth to this Pri)vince,
and such an Oin; as (has been very justly observ'd in a late Speech from the Chair)
will not be likely to fail, having its Source in the Profits arising from our own itrwl-
uce, I^abour, and Export.

Your Exc(dl(!ncj- and Honour's favourable njturn to this Request, will command
your Petitioners assiduous application to the Business therebj' cncourag'd, and will
farther oblige him as in Duty already bound to nra.v &c —

John Mascarevk."— /bjrf., p. 4W.
This petition was read in the House, Dec. 10, 17.')7, and ordered to lie on the tabic.
It came up again before the next .Vssembly, when it was "read and ordered that the
consideration of this memorial lie rcfi-rri'il to the next sitting."

The next legislative jirocceding upon this sultjcct api>cars in the following entry : —

"Oct. 11). 17(i4. In tlie House of Repn-sentatives: Ord.-red That M' Thacher M"-

Wilder, Col" Chandler, Cap' Taylor and Col" Nichols witli such a.s tho honorable

Board shall join be a Committee to consider and rejiort at the next Session a

method to regulate the Manufacture of Pntivsh.

In Council Read and Concurred and Sam' Danforth, W"" Brattle James Russell
and Royall Tyler Es.p are joined in the Affair. "—r'«";i'(7 Rconh, vol. XXl'.. p. 2»4.
" May ■■)i). 1711,5. Soon after my arrival to this Government, I formcsd in my mind
an Idea of three improvements which this Country was capabh; of making profit.-v-
bl( to it.sclf and convenient to Great Britain; I mean Potash Hemp ami the carry-
ing Lumber to the British Markets. They are all projier Staples for New England

930 Province Laws.— 1766-67. [Notes.]

and must be very acceptable to Great Britain as she is at present supplied with
theiu from Foreigners by a losing Trade. I have already had the pleasure to see
the first of these established witii Eilect, and wanting now nothing but care to pre-
serve its Credit & prevent the general quality of the Goods which is of a superior
kind being rendered doubtful and suspicious Ijy the fraudulent practices of particu-
lars. This is a necessarj' Caution at the couimeucement of a new Trade: for upon
its first Reputation depends its future Success. There is already a Law for the reg-
iilation of this Trade; but it wants to be carried into execution: this I must desire
may be done this Session as it is now become immediately wanting.

******

These are proper Objects of your concern, "Works which naturally arise in your
own Country, strengthen your Connection with Great Britain, may easily be con-
fined within yourselves, and will soon be superior to those of foreign Rivals.
When these are added to your other Resources they will form a Fund, which with
the Blessing of God upon your Industry and Frugality will be adequate to the ex-
pence of all necessary Impoi'ts: and you will have no Occasion as you have hitherto
shewn no disposition, vainly to attem])t to transfer Manufactories from their settled
Abode; an undertaking at all times difficult; but under the disadvantage of high
priced labour impracticable." — Extract from Governor Bernard's speech to both
Iloia^es: ibid., vol. XXVI., p. 5.

The Governor's recommendation respecting jiotash was immediately referred to
a joint committee, consisting of Col. Partridge, and Messrs. Wilder and Bourn, of
the House, and Messrs. Samuel Danforth and John Chandler, of the Council. On
the 24tli of June, this committee reported the following bill, which was read and
recommitted: —

"An Act in addition to an Act, entitled an Act for appointing Assayers of Pot
Ash & Pearl Ash,

Whereas in and by the said Act, it is declared, ' that, from and after the first day
' of July 1754, no Pot Ash or Pearl- Ash made within this province, shall be shipped
' or exported, l)ut such as has been assayed, and found to be of sufficient strength &
' jiurity, and to have those qualities in such degree of perf6ction, as shall be ascer-
' tain'd & fixed by this Court (or such fit person as shall be appointed & author-
'ized for that purpose) as the standard of such pot ash or pearl ash, as shall be
'deemed merch>'''-' & fit for exportation.' but as the Quantity of pot ash & pearl
ash, made within this province, has been, till of late, but small; and this court has
therefore thought it unuecessai'y to fix the Rule or standard for assaying the said
materials before this time, when it is very evident, that there are brought to mar-
ket, and to be shipped for Great Britain & other places great Quantities thereof; —
In order to carry the said act into execution and

For the more effectually preventing the mischiefs which may attend or be conse-
quent ujHjn siiipiiing Pot ash & pearl ash, on board of any Ship or other Vessel
without being first ducly assaj^ed, and for the better securing the dealers in said
Comodities against all kinds of Frauds & Imjiositions from ill minded persons

Be it enacted by the Gov(;rnor, Council & House of Rep^i^*, that no pot ash, or
Pearl ash made, or that shall be made within, or that shall be imported into, this
])rovinc(!, shall be shi])p('d or exported, but Such as shall have been assayed, and
discovercnl and judged by th(! Assaymaster to be of sufficient purity, and of Such
degree of Strength, as shall be evident, from its weighing (upon due experiment, of
thirty two Carats reduced to a lye) not less than ten Carats more than common
Water or from other more expeditious & equally certain experiment & jiroof of the
said quality which shall bo Satisfactory to the Assaymaster, and which he is to use
accordingly to his best Skill & Judgement in the Nature & properties of the said
material and that every barrel of pot ash or pearl ash, being so Assayed & ]>roved
to be good and MeiX'hantable, according to the Rule or standard, established as
aforesaid shall be by the said Assaymaster marked or imprinted by some distin-
guishing Mark nr Brand (as is by the said Act provided) to denote the same having
been assayeil & approvcnl.

And be it further enacted by the Authority afors"!, that all such Casks of pot ash
or jiearl ash, that shall by the Assay master, be found impure in its quality, and not
of sufficient strength, agreable to the Rule and standard fixed by this Act, may
nevertheless lie offered and sold at Market, for the value of it, or what it will jiro-
duee; ni- lie shipped or exjiorted by the Maker or other person or persons, under
SSniiii' <crtain ^lark or Brand (to be ajijiointed by the Gov & Council) distinguishing
y same from the Casks of pot ash or pearl ash, w<;'' shall bo found good & Mer-
chantable,

And be it further enacted, that every Cask of jiot ash and pearl ash that shall bo
offered fur sali: in any yiovt or iilac(i of exjiort within this jirovince, shall be im-
]iriiite(l with the first Letter of tlie Christian Name of the owner or owners, maker
or makers, and bis or their Sirname or names at length, and also with the Name at
length of th(^ tnwn or jilace, where the pot iusli or pearl ash was made.

And be it further enae.ied that every Assaymaster is, & shall bo by this Act
antliori/e(i, in Case he shall judg(^ it necessary, to shift or Cause to be shifted, with
diu' care, and caution the whole or any part of a (luantity of ])ot or pearl ash, which
shall be conlaiiud in one or more Casks, into other suitaHe Cask or Casks, in order
the more erfeetually to discover & prevent all fraud & Imjiosition: and in case,
any ill minded person or ])ersons shall presume to nux or cause to be nnxed with
any pot ash or pearl ash (sold or olTi-red for Sale at market) any foreign matter
of any sort or kind, & shall be thereof convict, shall forfeit & pay to the jierson
injured; a Sum not exceeding treble the amount of the Damage thereby sustained,
at the Discretion of the Court or .Justice before whom the Cause shall ho, tried—
Buch treble Damages to be estimati-d by two or more meet Persons to be appointed

[XoTEs.] PnovixcE T.AWs. — ITOri-OT. 9:^1

l)y such Court or Justice for tliat purjwso: or iu such other way & manner as to
such Court or Justice resjwctivcly may 1)0 Satisfactory. Tiiis act' to continiie & be
in force from tlie Day of next, to ihv. Day of which

will 1)0 in Year of our Lord 17(i8— & no loiij^cr."— .I/k.va'. Archirvs',r(>l. K), p. rM.

" Ju!io 25, 17G5. In Council. The Conunittee to whom was recommittoil the Bill
for appointing Assayers of Pot ash and jiearl ash, having reported tliat iis the Court
is in expectation of rising to day, tliey are not al>le to otTer a Hill for the i)uri)ose so
precise and exact as it ought to he. Ordered that tlu; said {'ommitteo prepare a
hill; and that it 1)(> hroughr in the next Session of this Court. In the House of
llepresentatives. Head and Concurred." — Coiiiicil J!<ri>rdx, vol. A' AT/., ;». O.'i.

No further action ai)[)ears to have been taken upon this matter during this or the
following session; but early in tlie third session tlu; subject was again lirouglit up,
aiul another committee, consisting of William lirattle and lioyall Tyler, Of the
Council, and Messrs. SheatVe, Wilder and Hall, of the House, wiis app<")intcd, .Ian.
17, 1~Ca>, "to consider some proper measures for eiu-ouraging the manufacture of
l>otash within the province and for (ircventing fraud tliertjin, and report." On th(!
liith of Fcliruary, th(^ further consideratidn of tlie"alTair relative to ]>ota.sh " Wius
referred to the next sitting of the Assenil)ly, and the committee wa.s " directed to
sit, in the mean time, ami make report at the said scssi(jn."

In the next (Jeneral Court this conunittee was enlarged hy tht^ addition of
Thomas Flucker, from the Council, and Messi-s. Hancock, Partridge, atid Taylor
of Southborough, in place of Messrs. Wilder and Hall, of the Hou.se. This was May
.■ft); and, on the ISth of June, in answer to a message from the House, a bill wius sent
down from the Council, where it had i)assed to ho engrossed. The House, there-
upon, on the r.Uh aiul 'JOth, took the testimony of Messrs. Edmund Quin<-y and
Sanmel Blodgi^t, respecting the mamifacture, "true standard," and method of
assaying, potiosh and jiearlasli, and the testimony of Caleb Wilder, of Lancaster, on
the subject of the true standard of potash; upon which last-named subject, also,
I'rofessor Winthrop was ordered to confer with Mr. Danforth, of the Council, who,
appearing before tlu; House, upon a message of invitation, was requested to inquire
" into the true standard of i)otash and communicate the same." On tin; '2:!d, a com-
mittee was appointeil hy the House, to confer forthwith with Jlr. Danforth, and
also with !Maj. Wilder, Mr. Mascarcnc, Dr. Marshall and Dr. Smibert, upon the
same subject. After reference to another joint committee, and after a full dtibate,
and various amendments, the bill was finally passed in its present form.

Chap. 10. The act of parliament, known as the Stamp Act, which was passed
Jan. 10, 1765, did not go into operation until the first day of November following.
Throughout the Briti.sh- American colonics the passage of this act, as is well known, .
created intense excitement, and develope<l a general and determined spirit of oppo-
sition. As soon as it was known that the secri'tary of this province, Andrew Oliver,
had been appointed distributor of stamps, measures were concerted, in certain
quarters, to prevent his exercising tlu; functions of that oftice. Accordingly, on the
J4tli of August, the day on which the Council ordered the Stamj) Act to be j)rinted
and distributed, the Secretary was publicly hanged in efiigy; and in the evening a
brick building, which ho had erected, as was supposed, for the reception of the
stamps, was demolished hy a mol), and his house forcibly entered, tlie windows
broken, and his furniture partly destroyed.

Mr. Oliver promptly announced his intention to decline tlie office of stamp-dis-
tributor, and, on the I'lst, informed the Council that he had written to the Commis-
sioners of Stamps, in London, that he should not bo able to take the stamps into his
custody, upon their arrival.

On the evening of the next day after the Secretary had expressed his intention to
resign, the rioters again asseml)ied, and began an attack — which they soon aban-
doned, un(h'r the belief that its occupant was not at home — upon the dwelling-
house of Thomas Hutchinson, lieut.-governor, and chief justice of the Superior
Court of Jiulicature, whose ready submission to each successive encroachment of
the imperial government, and whose zealous hostility to the leaders and principles
of the opposition, had caused or strengthened the impression that he was the re-
sponsil)le iiromoter of all the oppressive measures against wliich the jiopular party
protested.

Emboldened by their success with the Secretary, who.se resignation they cele-
brated, the next evening, by a bonfire and other demonstrations of gratitmle, ami
still further encouraged by the apathy or timidity of the local magistrates and lown-
orticers, the rioters once more assembled, on the evening of August L'(i, to make a
demonstration against the incumbents of certain offices tlie objectionable funetiims
of which lia(l been created or enlarged by certain acts of i)arliaineut : and also
against the Lieutenant-Governor. Accordingly, starting from their rendezvous
around a bonfire in King Stre(!t, now Staff! Street, where they were supplied with
intoxicating liquors, and proceeding, first, in two bodi<'S, they attacked the dwelling-
houses of Benjamin Ilallowell, conii)troller of the customs,— who had received his
appointment from the commissioners of customs in London.— atid William Story,
deputy registrar of the court of Vice Admiralty, a court the jurisdiction of which,
without a jurv, had betju, it was generally felt, unconstitutionally enlarged. Con-
siderable injury was done to the dwelling-houses, outbuildings ami furniture of
those officers, iind still more damage to the i>apers and records in their custody.
Uniting their forces, .and infiamed by a free use of liipiors from tln! vvellsfocked
cellar "of the Comptroller, they next proceeded to demolish tlie fine mansion of
Licut.-Cioveruor Hutchinson. The contents of this house, which his large ineome.
derived, iu ]>art. from the cmolmnents of several luerativ.- nublii' i.thci'S. ha<l
enabled him to furnish with exceptional elegance, were scattered or destroyed, and

932 Province Laws.— 1766-67. [Notes.]

with them perished many unique MSS., and other vahiahle materials, then in his
keeping, ilhistrative of our colonial aud provincial history.

The following extracts show the course pursued by the provincial authorities to
prevent the riots, and the progress of the measures taken to obtain, for the sufferers,
indemnity from the j)rovince treasury: —

"Aug. 14, 17(35. His Excellency having informed the Council that an Image was
this day hung up, on a Tree in a public Street at the South end of Boston, that a
great number of People were assembled together, & that the said Image was evi-
dently intended to represent the Gentleman appointed the Stamp Officer for tl'is
Province; He therefore desired the Advice of the Council upon this occasion:

Advised, that His Excellency give orders to the Sheriff of the County of Suffolk,
& to the several Peace Officers in the Toum of Boston that they be vigilant in tho
execution of the Laws, and preserving the Public Peace on this occasion." — Execu-
tive liceonls of the Council, 17()5-177-i, j). ol.

"Aug. 15, 1765. His Excellency, having ordered the Council to meet on occasion
of a Mob in the Town of Boston the last night, which had been guilty of great out-
rages, had pulled down a brick building newly erected by the Secretary of the
Province, l)roke into his Dwelling House with violence, damaged and destroyed his
furniture, having first broke the windows, pulled down the fences of his yard and
garden, and committed other great enormities; desired the Advice of the Council
what were the projier measures to be taken on this occasion: —

Advised that His Excellency issue a Proclamation requiring all Justices of
Peace, and all Officers Civil and Military to use their utmost endeavours for the
discovery apprehending and bringing to justice, any and each person concerned in
the Outrages aforesaid, and promising a reward of One Hundred Pounds for th<!
discovery and apprehending of any & each person so concerned, and over aud
above the reward aforesaid a pardon to every person concerned, who shall make
discovery of any of his accomplices.

The Governor then asked if they would Advise him to appoint a Military Guard:
the Council v/ere of Opinion that some other method for preserving the Peace
would be more adviseable.

The Governor asked what methods they would propose for preserving the Peace.

Advised that the Justices of the Peace in the Town of Boston and the Select Men

of the said Town be notified forthwith to attend His Excellency in Council, and

that it be recommended to them to cause the Act of this Province of the 11"' of

1699-1700, chap. King William the Third intituled "An Act for keeping of Watches in Towns" to

10. be effectually carried into Execution upon the present exigency.

The Justices of Peace and Select Men aforesaid attended ai'cording to Ord(".-, &
tliereupou his Excellency earnestly recommended to them a vigilant care and en-
deavour in their respective stations, by their council advice and authority, to intend
the preservation of peace and good order in the Town of Boston, and in a particular
manner that tliey would cause the aforementioned Law effectually to l)e put in
execution, so long as there should appear to be any danger of a revival of the like
disorders." — Ihi(l.,p. .')2.

"Aug. 27, 17()5. His Honor the Lieutenant Governor acquainted the Governor iu
Council of the great damage he had sustained the night before by a number of riotous
and tumultous people who hud totally destroyed his house and all he had therein.

Advised and Ordered that John Erving, Thomas Hubbard, Tlmnias Flucker,
Royall Tyler and Harrison Gray Esq™ bo a Committee to confer with His Honor
the Lieu' Governor and the other Gentlemen of tin; Town who have suffered by the
riotous jiroceedings of the last night and of the night of the 14"' Instant aiul to ajv
point Carpenters, masons and other tradcisnien to estimate the damagcMloue to the
Buildings in iiarlieular; the said Comniiltee to appraise the damage upon the wholo
which either of the parties have stistained and mai;e Ueport as soon as may lie.

Advised that His Exeelleney send for Josejili Jackson Esiii" Colonel of the Regi-
ment (jf Militia in the Town of Boston and Leoiuird Jarvis Esii'' Captain of the
Company of Cailets to h^t them know that their assistance would be wanted to ]ire-
serve the juiace of the Town; the said Gentlemen accordingly attended and signitied
their readiness to obey orders.

Advised that His Excelleiiey give orders to Col. Jackson to raise four Companies
of his regiment, to consist of Tliree Hundred men at least to patrole the Town this
night, well a<'eoiitnMl and armed, in order to pn'serve the Peace of tlie Town. — That
His I'jxcelleney give orders to Col. .larvis to raise his Comiiany to watch also this
night, and to incorporate into bis said Company, for a U^vni not exceeding thri'e
niontlis, sucli g(!ntlemen as shall be willing to put themselves under his command;
& that His I'^xcelhiiicy give orders to the said Gentlemen to furnish such Detach-
njcnts from time to time as he shall thiidi necessary.

JFis ExcelleiK'v ae(iuaiiited the Council, that M"" Hale, being ajipreliensive of an at-
tai'k iq)on the (^'ustoin House, had desired atiuard for tlie protection of it this lugiit.

Advised that His ]';\eelleney giv(! orders to Col" Jarvis to guard the Custom
House accordingly."— /')/'/., ;*. ;'>7.

" Aug. '_'S, 171)5. His ICxeellency having represented to the Council the extreme
danger that may be aiiprehended from tlui late riotous proceedings in tlu^ Town of
Boston, jirojiosed to them the following (piestion— Whether it is expmlient to write
hy express or otherwise, to General Gage and Lt)rd Colville,"* ac<iiuiinting them with
what has happened.

The Boaril, after debating therecui, came to the following Resolution, viz'

That it ajipears to the Board that the minisures taken for preserving tlie Peace of
tli<' Town tlie last night have liad a good effect, that if tliere slionld not be a sufficient

• CoiiimaiiilcTi', ix'Hjii'c'tlvely, of tho British land ami naval foroi's in .Vincrioa,

[Notes.] Province Laws. — 17GG-G7. 933

power witliin the Town to contiiuif" the iicaoo o( it, n fono from the Country niij^lit
bo called in which would sullicicntly answ(!r that end. Tlien^fori-

Advised, that it is not expedient to write to (Jeneral CJa-^e or Lord Colville, as has
been ])roi)osed l)y His I'^xeelleney." — IbiiL, p. :'>'.(.

" Ans- -^>, ITiio. Advised that Ilis Exeelieney issue a I'roclaniatinn fur appre-
hending the jiersons eoneerneil in tlie riot in th<' Town of Boston on tin; ni;;ht of the
2(i"' Instant, proniisin}^ a reward of Three Hundred I'ounds for iletectinj^ the Leader
of tlu! i)arties, and One Hundred Tounds for deleetinj^ other persons coneerned in
the said Riots, to he paid upon eon\ ietion." — Ihhl., p. 40.

A proelaniation, in aeeorilanee with tlit* aliove order, appeared in the " Boston
Gazette and Country Journal," of Seiit. '_', ITii.'i.

" I must reeoinniend to yon to do an Act of .Tustiec, which at the same time will
reflect Credit upon yourselves. I mean to order a compensation to be made to the
SufTerers by the late disturbances. Tlieir losses are. too great for thera to sit down
with; one of them amounts to a very large Sum. You nmst be sensilile that it will
be expected that these damages be made good; and it will be better for you tr) do it
of your own accord before any re(]uisition is made to you. An Estimates of these
damages is made by a Committee of the Council pursuant to Order, wliich will be
laiil before you.

Gentlemen I am sensible of the difficulty of the part you have to Act it may not
be sufficient for you to be convinced of the necessity of a submission to the Law for
tlie pres(!nt, tmless the same Conviction shall be extended to the people in gcwieral.
If this should be so I can only desire you to use all means to make yourselvt-s well
acquainted with the Exigencies of the present time; and if you shall bo persuaded
that a disobedience of the act is j>roduetive of much more evil than a submission to
it can be; you must endeavour to convince your Constituents of the truth of sueli
jiersuation. In such case I shall readily grant you a rc'cess for a sufficient time, and
I shall be ready to concur with you in all other legal Pleasures to provide for tho
safety of the peojile in tho best manner. Fn.v Beunauu." —

From the (Jorenwr's spcrcli, Si}it. 25, 17()5 : Council Rcronls, vol. XXVI., p. 75.

"Oct. L', 1705. The Sherifl of the County of Suffolk being admitted into Council,
acquainted His Excellency & the Board, that divers Prisoners had made their
eseaiie, three of whom had been committed on account of the late Riots, and i)rayed
the directions of His Excellency in the affair.

Advised that His Excellency give directions to the Sheriff to cause the matter to
be inquired into, and if there ajipeared reason to suppose that they were aided from
any Persons witliout, that he cause dejiositions to be taken concerning it, and lay tho
affair before the Board loiaorxow ."— Kxccntice Rcronls of tho t'onuril, 17()5-1774, ji. .52.

" Oct. 3, 17()5. The Sheriff of the County of Suffolk having laid before Ilis Excel-
lency & the Board sundry depositions respecting the escape of the Prisoners men-
tioned in the account be laid before the Board j'est(!rday, Ilis Excel lenc.y asked tho
Board whether they would Advise him to issue a Proclamation on this occasion.

The Board were of Opinion that it does not ap]iear the Escajie was effected by any
armed force, but that the Prisoners were jirivately assisted by some of their friends
without, and that they accomplished their purpose thro' the weakness fif the Goal,
and that it being the duty of the Sheriff in such cases to issue his advertisement for
the recovery of such prisoners, it is not incumbent on the Government to issue any
Proclamation on this occasion." — Ibid., p. 53.

" Oct. 24, 1705. Your Excellenc.v is pleased to recommend a Compensation to be
made to the Sufferers by the late dislnrljances— We highly disapprove; of the .\cts of
Violence which have been committed yet 'till We are convinced that to comply with
wliat your Excellency recommends, will not tend to encourage such Outrages in
time to come, and 'till some good reason can be assigned why the losses those Gen-
tlemen have sustained should be made good, ratlier than any damage which other
persons on any different occasions might hajipen to suffer we are jiersuaded we sliall
not see our way clear to order such a compensation to be made. We are greatly at
a loss to know who lias any right to require this of us, if we sliould diffi-r from your
Excellenc.v in point of its being an Act of justice; rather than generosity, luiiess
your Excellency supposes a Crime committed by a few Individuals chargeable uiion
a whole Community." — Mcssicje from (ho lloiisr : t'omn-H llci-ordx, vol. XXVI., p. JCi.

"Oct. 2i», 1705. On a motion inade and seconded. Ordered that yv Speaker, Col"
Bourn, Mf Gushing M^ Fo.stcr of Plymouth and M^ Dexter with such as the Hon'"'"
Board shall join be a Committee to supervise the; Laws now in force respecting
Riots and tumultuous a.ssemblies, and report whether they judge anything further
is necessary to be done to strengthen the Laws relating thereto.

In Council, Read and Concurnul and William Brattle, Tho" Hubbard, llarri.son
Grav & Royall Tyler Esq" are joined in y" affair."— //>/'/., /-. !>2.

" June .'!, 170<>. The Secretary went down to the House of Repre.sentative.s with a
verbal Mes.siige from his Excellency the Governor to acquaint them that his Excel-
lency had received his Majestys Commands signili(Ml to him in a Letter from M'
Secretary Conway a Copy whereof is now preparing to be laid bef<ire the iissembly
and to desire that the House would not jiroeeed upon any i)ul>lie business until he
lias any opportunity to communicate tht; same to them.

The'Secretary afterwards went down to tho House of Representatives with a
Me.ssage from his Excellency the Governor, directing their attendance In the Council
Chamber.

Mr Speaker and the House accordingly came up when his Excellency ma<le the
following Speech to the two Houses viz'

Gentlemen of the Council, and Gentletnen of the House of Repre.sentatives.

I have received a Letter from the R' Hon''"' >U Secri-fary Conway inclosing two
Acts of Parliament; the one for securing the dependency of the Colonies on tho

934 PiioviNCE Laws. — 176G-67. [Xotes.]

Mother Country; and the other for the Repeal of the Stamp Act. At the same time
he is pleased "to signify what his Majesty and his Parliament expect from the
Colonies in return for the Indulgences shewn to them. I am also ordered to recom-
mend to You, that full and ample Compensation be made to the late Sufferers by the
Madness of the people and for that jiurpose, I am directed to lay before You tlje
Votes of the House of Commons, expressing tlieir sense upon that subject; whose
humanitj' and justice it is hoped it will be your Glorj- to imitate. Tlie whole of this
Letter is conceived iu such strong, patriotic and conclusive terms, that I shall not
weaken it by a representation of my own, other than this short Capitulation neces-
sary to introduce what I have to saj' on the suljject." — Ibkl., p. 210.

The letter of Secretary Conway, referred to by the Governor, bears date March 31,
Yi&y. and the following is the recommendation to which the attention of the As-
sembly was called: —

" Nothing will tend more effectually to everj- conciliating purpose, and there is
nothing therefore I have in command more earnestly to require of you, than that
you should exert yourself iu recommending it strongly to the assembly, that full
and ample Compensation be made to those who, from the madness of the people,
have suifered for their deference to acts of the British Legislature; and you will be
particularly attentive, that such persons be effectually secured from any further
Insult, and that as far as in you lies, you will take Care, by your Example and In-
fluence that thej^ may be treated with that respect to their persons, and that Justice
in regard to all their pretensions which their merits and sufferings undoubtedly
claim.

The Resolutions of the House of Commons, which, by his Majesty's Commands, I
transmit to You, to be laid before the Assembly, will shew You the sense of that
House on those points and I am persuaded it will, as it most certainly ought be the
Glory of that Assembly to adopt and imitate those sentiments of the British Parlia-
ment, founded on the clearest principles of Humanity and Justice."— .1/uss. Archives,
vol. 5(5, p. 47o.

" Gentlemen of the House of Representatives.

The Requisition contained in this Letter is of a most singular nature, and the only
one of the kind that I have known since I have served his Majesty in America. It
is founded upon a Resolution of the House of Commons, formed after a full consid-
erati(in of the matter, and represented to his INIajesty by the Address of that House.
The Justice and humanity of this Requisition is so forcible that it cannot be contro-
verted; the Authority with which it is introduced should preclude all disputation
about complying wiTli it. I hope therefore You will add to the merit of your com-
pliance by the readiness of it, and assume to yourselves the honor which now offers
itself of setting the first example of Gratitude and dutiful Affection to the King and
Parliament by giving those proofs of it which are now jiointcd out to You. I nnist
observe that it is fro'm the Provincial Assembly that the King & Parliament expect
this Compensation should be made to the Sufferers without referring them to any
other persons whatsoever. Who ought finally to be charged with this Expence
may be a proper consideration for you; and I shall readily concur with you in your
Resolutions thereon, after the Sufferers have been fully satisfied. ''—G'orc;vior'sspccc/i,
ut supra: p. 212.

" We thank your Excellency for your kind assurances of ' using all Cleans to save
the Credit of "this Province.'' But We conceive that when the true state of the
Province is represented & known its Credit can be iu no kind of danger. The
recommendation enjoined by M"" Secretary Conway's Letter, and in ct)nse(iueneo
thereof made to Us, we sliall" embrace the first convenient opportunity to consider
and act upon. In the mean tinje cannot but observe, that it is conceived in much
higher & strongc^r terms in the Speech, than in the Letter. Wliether in thus ex-
c(!(;ding your Excellency speaks by your own Authority or a higher is not with us to
d(!t ermine.

. However if this Recommendation, which your Excellency terms a re(]uisition be
founded on ' so nnich Justice & humanity that it cannot be controviTted : ' ' If the
Authority witli which it is introduced should ]ircclud(( all disputaticm about com-
plying with it,' We should be glad to know what freedom wo have in tlie Case." —
Mcsstd/i' fraiii llic ILiitso to the <r<>ver)wr, Jinic (i, 17(>(>: Ihkl., p. -''>'2.

" June 17, 17(!(i. The Secretary went down to thc^ House of Representatives with
a Message from his Excellency the Governor accompanying an Estimate of the
damages sustained by the Lien* Governor and Others in the Hiots at Boston iu
August last referred to in his Excellency's Speech of 2.Vi' Septem'' last, aciinainting
the Hous(! that th(! same had lyen in the Secretarys Ollice open to th(> jxTUsal of
thcC'ourt ever since the returi'i was made in October last; and is now laid before the
Hon'''*' House as his Excellency has had occasion to mention this matter again in a
SjietM'h delivered this |)resent Session." — Ibid., p. 258.

" Jun(^ 2,"), 17(iil. M' Dexter and others from the House ot Representatives waited
on the Governor wilh tlu' following Message viz'— May it i)lease your Excellency.

TlKillouse of Representatives liavt^ duly attended to that jiart of your Exccl-
lencys Speech which had reference to a full and ami>le Conipcnsation to lie mad(^ to
the. SnlTcrcrs in the late disturbances. We are sensibly affected with tlie loss they
have sustained and have the greatest abhorrence of the Madness & P)arbarity of
those Persons who were the Instruments of their .sufferings; Nothing shall be omit-
ted by us in our dcjiartment to bring the periietr.ators of so horrid a Fi\ct to exem-
jilary" Justice, ami if it be in their power to a pecuniary Restitution of all <lamages.
JJnt niav it jilease .\<inr E\cellen<y as a compliance with your Excellency's recom-
mendation to the l'rovin<Mal .\ssembly to make uji their losses, appears to this
House not as an Act of Ju.stice but rather of Generosity ; they arc in doubt whether
they have any authority to make their Constituents chargeable with it, without

[Notes.] Province Laws. — 17GG-G7. 935

tlicir express Consent. The TTonsc thoreforo lieg leave to aeqiiaint your Excellency
that tlioy have thoiiijlit it tluir iliity tii refer the C'Dnsideration of this matter to
tlio next sitting of tiie (lencral IVnut, liuit the Members may liavt; tlii' opimrtunity
of taking the minds an<l Instruction of their several Towns theroui)on." — Ibid.,
p. '-'Wi.

" June 25, 17G(). A Petition of Ben_j» Hallowell Esq'— Setting forth Tliat on the
'2()"> of Aiignst last, his House was violently entered hy a eonsitlerahle number of
jtersons unknown, anil amc>ng other things tlien carried otT by them, was a Keeeipt
or Promissory Note signed by tlie Trea-surer of this Province, datcil 7"' August ITtU
for the Sum of £1.>.">0 payal)le to tlic Petitioner in .June ITtMi, on which is emlorseil
one years interest and no more. And praying thattln! said Sum witii tin; Inten^st
that may be due thereon may be paid him out of the Province Treasury.

In the House of llei>resentatives. Resolved That the I'rayer of the I'lriition be
granted: anil that the Treasurer be and ho hereby is directed to pay to thi; Peti-
tioner Benj^ Hallowell jun'' Es(|'the Sum of Thirteen hundred and fifty pounds witli
the Interest due thereon to this day in full for the note within mcntioneil: he first
giving sufficient caution to the Treasurer of tliis Province to save harndess the said
I'rovineo from being obliged to pay the same Sum and the Interest dno thereon to
any person or persons hereafter. In Council, Head and Concurred. Consented
to by the Governor."— /')/(/.. p. L'SS.

" June 127, 17l)<). The Secretary went down to the House of Representatives with
the following Message from his Excellency the Govern'' viz' Gentlemen of the
House of Representatives. As your Reasons for not complying at present with
what has been recommended to You by order of the King with the Advici; of his
Parliament, on the behalf of the SuiTerers in the late disturbances will probably be
canvassed with great precision; it will be proper that the intendment of them
should be as certain as may be. I should therefore be glad to know, whether I
must understand from your Mess.age of yesterday, that it is your ojiinion that a
detection of the perpetrators of the late 5lischiefs is necessary to intitle the Suffer-
ers to a comjiensation for their losses. It appears to be the gracious intention of
the King and Parliament, that a Veil should be cast over the late disturbances ])ro-
vided it be covered by a general and uniform dutiful behaviour for the future. But
it is certainly no less their firm and resolute purpose that the Sufferers by these dis-
turbances shall have a full and ample indemnitication made to them: and this busi-
ness has been committed to You upon principles of humanitj- and justice, rather
than of mere generosity.

If you think that an inquiry into the promotion and perpetration of the late
disorders is a necessary Prelimenary to determine from whence the charge of the
compensation shall finally come, and shall pronounce for the expediency of such an
enquiry, you will certainly be assisted ])y the Governor and Council in the prosecu-
tion of it'. And I dare say it will be no difficult work to trace this matter to the
bottom.

But in the mean time I fear the King and Parliament will think their intimations
disregarded by your proposing an enquiry now, after it has been neglected for nine
Months past; during all which time the House have had this very business of in-
demnitication under their consideration. They expect from You that the sufferers
shall be indemnified at all Events, whether the offenders are discovered or not, or
whether they are able to pay the damages or not; and seem to be more intent upon
indemnification than upon Punishment.

I therefore wish for the sake of the Province whose Interests, and especially
those of its Trade are now in a very nice, balance, & for the sake of this Town
whose respectable Inhabitants have already suffered much in the Opinion of the
AVorld, for having been tame Spectators of "the violences committed in it, that you
would remove this disgrace without the least delay, by ordering the Indcmnilica-
tion immediateh' to be made upon the Credit of those whom You shall hereafter
judge to be chargeable with it. When this is done, there can be no Objection to
your postponing the consideration, on whom this money ought ultimately to be laid,
to what time You please: and there is no doubt but that any enquiry which Yon
shall think fit to make for this purpose will be as efficacious as you can desire.

Fk.\. Beuxaui)."— 76/(/., /'. 2!1j.

" June 28, 176<). M"" Hancock and Others, a Committee of the House of Repre-
sentatives waited on his Excellency the Governor with the following Message viz' —
May it please your Excellency.

This House have duly attended to your Excellencys Message of the 27"> Instant—
We are fully sensible of the Goodness of the King and ParliameiU, and iigree with
your Excellency that it a|)pears to be their gracious Intention that a Veil should bo
drawn over the late disturbances. And we hope our behaviour will always be such,
as to merit their approbation.

Sir, The House are ever attentive to the application of persons of every Rank,
whose Case justly claims their Consideration: But as the Sufferers, whom we
apprehend vour Excellency refers to, have never applied to this Ilousr-. js wc con-
ceive, in a Parliamentary way for Relief; We are humbly of opinion, that wc have
done all at present, that" our "most gracious Soven-ign and bis Parliament can rea-
sonably expect from Us. But to shew our regard to everything recommended by
the King and Parliament, we have appointed a Committee to^sit in the Reee.sH
of the Court, to make a thorough inquiry into the Riots committed in the month of
August last, and discover the persons concerned therein as far as may be. For the
effectuating which business, we doubt not, but wc shall be aided by your Excel-
Icncv and his Majestv's Council.

A'nd further. We would acquaint your Excellency, that the House have passed a
Resolve to take the Report of this Conmiittee under consideration at the Ijeginning

936 PE,ovI^•CE Laws. — ITGG-tJT. [Notes.]

of the next Sessions of this Court, and act thereon what shall appear to them to be
just and reasonable.

Your Exoellencj' is pleased to enforce the immediate Compliance of the House
with this requisition by an argument drawn from a regard to the Town of Boston,
the reputation of whose Inhabitants your Excellency says has already suffered
much for having been tame spectators of the Violences committed, anil that this
disgrace would be removed thereliy. We see no reason why the reputation of that
Town should suffer in the opinion of any one from all the evidence that has fallen
under the Observation of the House; nor does it appear to us how a compliance
would remove such disgrace, if that Town had been so unhappy as to have fallen
under it."— Ibid., oOl.

" June 28, 17<i(i. Upon a Motion made and seconded. Ordered, That Capt. Thayer,
Col. Brmi'ii, Major Johnson, Capt. Tai/lor of Southborouf/h, and Capt. Fuller, be a
Committee to sit in the Recess of the Court, to make a thorough Enquiry into the
Riots committed in the Month of Aitf/ti.st last, and discover the Persons concerned
therein as far as may be, with full Power to send for Persons and Papers; the said
Committee to ascertain as far as they shall be able, the Losses of tlie SulTerers:
And that the Matter of their Enquiry be kept a Secret till they shall make Report
to this House.

Resolrcd, That this House will at the beginning of thfe next Session of the Gen-
eral Court take the Report of the Committee appointed to inquire into the Dis-
turbances in the Town of Boston, and to ascertain the Losses sustained thereby,
and will act thereon as shall appear to be just and reasonable."— //ou.se Journals,
p. U2.

" London August G"* ITOO.

Sir Since my last I Reed a few Lines from Lord Dartmouth in which he says

' I am Sorry to hear that the Assembly of Boston has refused to make the In-
demnification, recommended by Parliament.' New York has Complied — had you
been here to be fully apprised of the long Debate in the House your Friends Sup-
ported to obtain the word Recommend as a Term in'^irely Consistent w'h your Lil)-
erty, it must have left a gratefull Impression on your mind, which your Adress
Presented to his Majesty by the Duke of Richmond— is so full of, both to King, and
Parliament, that I can hardly believe you should come to such a Resolution. If
the Report be a Slander on the Province I shall be glad if you will jiut it in my
Power to refute it, as I am ambitious your assembly who I ha\e the Honour to be
employed by, should Stand high in the Esteem of the King, ^Ministry, and Parlia-
ment, as well as in the Esteem of all the real Friends of ainerica, which such a
Refusal will abate. Sir Your Faithfull and obed' Srt

Dennvs DEBKnoT." — Mass.
Archires, vol. .5G, p. 487.

" He [Earl of Shelburne] desired you would finish the affairs of the damages
sustained, because it gave occasion to your & the enemys of the administration to
upbraid them for the gentle measures they adojited on the other hand he had also
wrote to every Govenour on the Continent to liehave with moderation & Temper
to the several Provinces over which they ]irecid(>, & he had wrote to your Goven-
our in particular to persue healing incasurcs, & was so condesending to olb'r shew-
ing me a Cojn' of his letter, the next time I waited on him & added that whatever
new Govenours were made for the future, he would take care to send such men as
should Act upon th(^ most generous principals & thereby .secure the affection of the
I'eople." — Extract from letter of Ar/ent Dellerdt, Sept. 10, ITdli: ibid., p. 515.

" Gentlemen of the Council and Gentlemen of the House of Rejiresentatives.

I hav(! thought projier to call you togeth(>r, that You may have an opportunity to
giv(! a ]iositive Answcjr to what I recommended to You, liy iirdcr of his Majesty,
last Session; as it will be expected of me that it be reported to his .Majesty before
the opening of the business of the next Year: And 1 heartily wisli that it may be
such as will answer tlici Exjicetatious and Desires 4)f yunr Friends in Great Britain
P'or my own jiart, I shall upon this occasion, as upon all others make the best us(^ of
tin? means You shall put in my hands to promote the Honour and Reputation of the
Province.

As You are called together for this business only, when it is finished, I shall have
no Objection to your returning home until the usual time of opening the Winter
Session.

Fkan TIkhsahi^." —Speech, of Oct. 20, ITGG:
Council Records, vol. XXVI. , p. .".04.

" Oct. :!0, lldii. .The Conn'nittce appointed the last Session of this Court to make
Enquiry iuto tlicv Iliots committed in the Month of August 17(>."> Reinirted, That on
the Uth of .fuly they met and waited on his Excellency to receivt^ that Assistance
wjiieli he was i)leas'd to ]iropose to this House, in a Message conuntniicated to them
at tlu'ir last Session; to wlueli his Exeelleuey reiilied, That the iiroposal in tlie.
Message referred to, was ina<le on the i)n'SUiuplion tliat the Coiineil would <oiieur
will) him; That he was r<'ady to afford your ConiTiiillee what Light be could, if the
CoiiiK'il would then comply, and that he would Summon them for that Purpose:
that, on 27th of August >-our Ccunmittee, being met, recei\-ed a .Message frotn his
Excellency by the DejJUty Secretary acquainting them, that the (iovernor and
Council were reatlt to rec(>ive th(> jn'oposals of your Committee: To which your
Committee repliedi That they were not full, their Chairman being absent. Tliat the
abo\(! Message was soon re|ieated: To which your Coniinitte(> replied. That th.ey
liail nothing to proposetohis Excellency and their Honors lint were ready to re<'ei\o
from them any Information res|)ecling the hite Plots which they should be ph'aseci
to communicate. That the (iovernor and Council then ailjonrned without Day.
That your Committee then sent for the Worshipful Richard Dana, John Hill, and

[Notes.] Phovlnce Laws. — 1TGG-6T. y;31

Belcher Noyes, Esq'rs; from wlioni tliey recoivod tlio Examinations of sundry
Porsous apiiroliendod by tlicm, on Account of tho Riots oommittcd in tiio Town df
Boston, on tlio Evening of the L'dtli of Aiignst, Copvs wlicici.f :icc<.Mi|.iiny this
Report. That your Commirtco were informed l.y tl'u! Justices aiiovenamecf, Tiiat
the Governor and (.'ouncil directed them to make no Encpiirv of wliat passeil on
the nth of Au<inst. That your Committee tlieu sent for and examined sundry
reputable Persons, Inhabitants of the Town of 15oston, Ncijjhbours of his Honor tho
Lieut Governor, who declared, That they were in his House in tlie Eveniii;iof tho
'2t!th of August, endeavouring to suiiprcss the Jtiot, and prevent any Mischief; hut
that they know none of the llioters, many of whom from tlicir Habits appeared to be
disguised, who were the most active in the Disorders.

Vour Committee beg leave further to Report, That they have inepiired into the
Losses sustained by tho Sufferers, accounts whereof accomiiany this Report."—
House Journal, p. lo.'J.

"Oct. oO, ITGti. A Petition of his Honor Thomas Hutchinson, Esij; setting forth
the great Damage ho sustained by tlie violent an<l outrageous Proceedings of a great
Number of Persons uidcuown on the Evening of the LNith of August, 17(l.">, who with
all the Rage and Fury imaginable, .siuldenly with Axes and Clubs, and other Instru-
ments, burst or broke open the Windows of his Dwelling-llouse, dispersed thro'
every part of the House, distroyed the Furniture, carried awav the Wearing
Apparel, Books, Papers, ISIoney and Effects of every sort belonging to him and his
Family, (a small Part of the Kitchen Furniture only excepted) and coutimnd from
between Eight and Nine o'Clock in the F^vening, until after Four o'clock the next
Morning, ruining the House, Outhouses, Fences, Gardens, &c. and threatning De-
struction to all those who should oppose or interrupt them. The Petitioner prays
this Court that a Compensation may be made him for his great Losses and sufferings
aforesaid.

Arid he further represents that exclusive of that Pain and Distress of Mind whieli
lie is unable to describe, arising from this most injurious and barbarous Treatment,
he has been deprived above 14 Months of the Use of this great Part of his Sul)stance
and he and his Family have been subjected to many Inconveniencies, Ditliculries,
and extraordinary Charges; he therefore hopes and prays for a favorable Considera-
tion of his Case, in all its Circumstances.

A Petition of Benjamin Hallowcll, jun. Esq; shewing That on the 2r)th of August
17(35, a great Number of Persons unknown to him, and by him uui>rovoked, in a
tumultous Manner assembled, did with Force and Violence, beset the Dwelling
House of the Petitioner, enter'd and injur'd the same, to a great Degree, broken and
destroyed great Part of liis Furniture, and carried off his Linen, Money ami Papers;
tore his Fences down and wasted his Liquors. The Petitioner prays that a Cfnii-
pensatiou may be made to him, in such Way and Manner as this Court shall think
tit.

A Petition of William Story, Esq; shewing That in the Year nCtTt, and for a
number of Years before, he was Deputy Register of the Court of Vice Admiralty for
this Province: That by the late Stamp Act tlie Trial of many or most of the
Breaches of said Act were committed to the same Court of Admiralty, which as
well as the Act itself, diffused a general Uneasiness in Persons of almost every
Rank, they being thert^by deprived of the invaluable Priviledge of Trial by .Juries:
And some ill-minded Persons intending to destroy the Substance of their Fellow
Subjects, took Occasion from the general Uneasiness, on the 'Jfith f)f August ITti.'i, in
the Night, armed with Cluljs, Staves and other Weapons of Violence, with Forcr; &
Arms to attack and break open the Dwelling House of the Petitioner, destroying
almost every Glass ^^'i^dow in the front Part of his House, and the Windows and
Doors of his Office, tho' the same were well lock'd or bolted; making a thorowfan;
from the Street thro' his Offic(!, into the other Part of his Dwelling; tlestroying and
damaging a great I'art of his Household Furniture, and carrying out of his (;)nice all
the Files an(l Records f)f the said Court of Admiralty: all his private Papers, Books
and every Thing that was in his OtHce, most of which were consumed to .\shes or
otherwise destroyed and lost. That ho is well satislictl the generality of the Inlial>-
itants of Boston were not privy to the Disorders of that Night, and would have pre-
vented the same had they expected any such thing.

The Petitioner humbly submits this Matter to the Wisdom of this Court, and
prays that they would be pleased to make him a Grant of such a Sum of Money for
repairing his Losses aforesaid, as in their great Goodness they shall think tit.

On a Motion made and seconded, Ordered. That the further Consideration of the
Petition of his Honor Thomas Hutchinson, Esq; the Petition of Beiij;uiiin Hallowell,
jun. Esq: and the Petition of William Story, Esq; be referred till To-Morrow
Morning Ten o'clock." — I hid., p. I'm.

" The following Articles, taken among the rest from the Lientenant Governor's
House, the 2(Jth Instant if offered to Sale, in this or any other Government, it is
desired they may be stopped, or if seen in any I'ersons Possession, that Notice m;iy
be given to either of the Lieutenant-Governor's Sons, at their Warehouses on the
Dock.

A Silver Hilt of a Sword which had been wa.sh'd with Gold, the Blade is found;
two mourning Swords; a chased Gold Head of a Cane, with tlu; Lieut. Governor's
Crest; a Lady's chaseil Gold Watch, Hook & Chain: anew fa-hion'd Gold Chain
and Hook for a Lady's Watch; a Set of large Silver PlateButtonsforCo.it and
Breeches: 2 Sets ditto covered with Silver Wire, and very uncommon; several
Funeral Rings, particularly one the late Tho. Lichmere Esq; another the late Tho.
Hancock Esq; Several ancient Coins; a Pair of Ruby Earings set in Gold, and
Necklace; Garnet Earings and Necklaces in Gold; Paist Earings and Necklaces;
Stone Girdle Buckles; 2 Pair Stoue Shoe Buckles; 2 Pair Stone Sleeve Buttons set

93H PnoviNCE Laws.— 1766-67. [Notes.]

In Gold: rich embroidered christening Blankets, Sleeves, Cradle Quilt and Curtain;
and a Set of Child-bed Linen; Gause Handkeix'hief & Sattin Apron, both Howercd
with Gold; Silk SLoes; brocaded Silk, I'adusy, Damask Lutstriug Gowns & Pet-
ticoats; laced Petticoats; Head-Cloaths & other Linen; IJundles of old CJold and
Silver Lace; Bundles of Bone Lace; Silver Spoons; Silver Handle Knives and
Forks; Sweetmeat Knives, Forks & Spoons gilt, and other Articles of Plate; a large
Octavo Bible richly Bound, and in an outside Turkey Leather Case, a Direction in
one of the defensive Leaves signed by Thomas Coram Esq;

And "Whereas a Manuscript History of the Massachusetts Province, from the Year
1602 to the Year ll'M, was among the Spoil, and Part thereof has been found; if any
of the remaining Sheets should be discovered, it is desired tliey may be sent, as also
any other of the Lieutenant Governor's Papers or Books, to the Reverend ]Mr. Eliot.

August ol. nC)b."--3Iasmc]insctts Gazette, jS'c^j^. 5, ITUo.

" Nov. 2, 17GC). A Bill intitled, An Act for gi-anting Compensation to the Suffer-
ers, and of free and general Pardon, Indemnity and Oblivion to the Offenders in the
late Times, was considered and Debated according to Order: And it was moved that
a Clause be inserted therein to oblige every Town for the future, where any Riots
shall liapjien and Damage ensue, to make Compensation for the same: And the
Question lieing i)ut, it pass'd in the Negative, 27 Yeas, 4."i Nays.

Ordered, That the Printers be directed to imblish a sufficient number of Copies of
this Bill; and also Mr. Agent De Berdt's two Letters of (ith of August, and 19th of
September, and deliver the same to the Members for the Consideration of their sev-
eral Towns." — House J'mrnal,p. 182.

" Nov. 12, 17GG. M"' Otis from the House of Rei")resentatives came up to the Board
with a Message to acquaint them that the House had preparred a Hill for making
compensation to the Sufferers and indemnifying the Offenders in the late times of
confusion said Bill to be struck of by the Printers and a Copy to be delivered to each
of their Members to be carried to their several Towns in order to consult their Con-
stituents on the same. And further to acquaint the Board that as the House could
not with Propriety send up this draft for concurrence, they had directed the Printers
to present a Copy of the said Bill to his Excellency the Governor, and one to each
Member of the Board.

M'' Otis from the House came up to the Board with a Message to acquaint thera
that the House had passed on all matters before them and to desire that the Board
would do the same that the Court may have a recess as soon as his Excellency
pleases." — Council Hevords, vol. XXVI., j}- !325.

" May it Please your Excellency

Your Speech to both Houses at the opening of the present Session lias T)een repeat-
edly under the most deliberate consideration of the House of Representatives.—
It was indeed Sir, with great reluctance, that the House found themselves under the
necessity of having recotirse to yoitr former Speech and INIcssage upon this Oct-a-
sion; but as you are pleased to refer us to them without saying any thing to qualify
them; the House cannot help observing, that the manner in which Vour'Excellency
has repeatedly proposed a Comi)ensation to the Sufferers, has been dcrogat(n-y to
the Honotn- of the House and in breacli of the priviledgi's thereof: That the terms
you have made use of, have been essentially different from those dictated to you by
his Majestys express command, signil'yed in a Letter from his Secretary of State:
That they tended to weaken the inherent, uncontroulable Right of the Peo]ile, to
dispose of their own money to such i>urposes as they shall judge expedient and no
other: and that under these ai)])rehensions, it is not improbable, some of tlu! Towns
may have framed their Instructions to their Representatives against a Compensa-
tion out of the Public Treasury.

The House however with the most dutiful and in-ofound respect, have attended to
his Majesty's most gracious and mild recoTnmendaiion; and observe that it is his
pious and benevolent Intention, that not only a Coni]H'nsafion should be made to
the Sull'erers in the; late times; but also that a veil be tlrawn over (jvery disgrat'eful
Scc^ie, and to forgive and even to forget tlu; tmdutiful behax ionr of any of liis Sul)-
jeets in those nnhap])y times — Confirmed in the t)iiinion, that an indemnifycation
of the Oi'feiiders is of ('(jtial imiiortance and necessity with tin; malving compensation
to the SiilTerrrs, and being ever ready with the utmost chearfullness, to unite their
endeavours in ])ronioting the wise and gracious purposes of their rightful Sovereign;
in eonrorinily to tlu^ Spirit of IM'' Secretary Conway's l^i'tter, the; House have framed
a Bill intituled ' An Act for granting Compl^nsatiuu to to the SulTerers, ami of free
and general Pardon, indemnity and t)blivion to the olTenders in the late tinu'S.'

This Bill they lia\c'. onlered to b(( i)ublished for the consideration of the several
Towns, and humbly jiray that your Excellency would jilcasci to give them a Recess
for that, |iurpose.'" — .l/r,ss(/_7'' /Vo)H the llausr, Aor. 12, 17(i(i: ibiil.,j>. .■i2.S.

" Nov. b'l, 17()(>. His ICxcellency then made t\\o following Speech to the House of
llepresenlalives \i/.' (lentlemeii of tlii^ 1 louse of Itepresentatives.

]n the Letter of the JOarl of Slielbnrne \vhicli I laiil before you, you have a sec-
ond Testimony from another of his Majesty's Secretaries of State, of the teudernoss
and affection towards \\\c. I'eople uinler my Cioxcrnment with which I hav(^ con-
(hieted myself during tlu! late disputes, and therefore I shall mak(^ no other Answer
toth(! ungenerous Insinuations in your Message of yesterday, than by referring to
your own .lournals, from whence it will evidently ajipear that it is from among
yourselves and not frcim me, that the diflictdties which have jireventtnl your mak-
ing Compensation to the SufTerers have arose.

I am very sorry that you have not already complied with what has been recom-
mended to you: but it is some satisfaction to tne, that yon have laid a foundation
for eomiihiating this business, which I hope will not fail of Success. The impor-
taueo of the Affair and the hasty Approach of the New Year, will not allow tho

[Notes.] Province Laws. — 1766-G7. 939

Loss of a day which can bo saved; and therefore T shall make the Recess which ynii
desire as short as possible: And that you rtiay do the business with as mucli crr<lit
to yourselves as may be, I shall continue the Session until you can <'oine to a linal
determiuatiou. Fka 1\i:\xsaiu>."—I biiL. i>. ;!;;1.

" My Lord. By my letter dated July I'.i"' I infonned Your Lordship tliat if then!
should be any opening for me to expect that the House woidd act in th(! business of

the Compensation in a dilTerent manner from what they iiad d( 1 sliould not fail

to avail myself of it. I am therefore now to inform' your Lordship of thi-srcond
Trial I have made to pet this busiiuss done, with \\u: event of it. An<l in onlrr to
explain these proceedinfjs more fully, I nuist be;,' leave to dtlincati^ to Your J^ord-
sliii), the real ditliculties which hav<' pn'v<'nte(i liiis llnsincss bcinp <lonc, as they
appear very little in the JotiriuUs of the House and pains have been taken that they
should not appear; altho' they are notorious to every person in tlio Province, who
thinks upon the subject.

The riotous proccedinjrs at Boston were generally abhorred l)y the best Men in the
Province, and by nuich the greater jiart of the connnon people, And thiTcforc when
a Compensation to the SuiTerers was lirst talked of, it was the general opinion that
it ought to bo made, but that it was due from the Town of Boston only, and not
from the Province in general. This opinion was very prevalent, when M"' Scerv
Conway's letter, dated March .'il^' arrived here on the last day of ]^Iay and this w£w
the reason why the ^Members for Boston, contrary tt) the real intrest of th(! Town
determined to oppose the making a Comirt-nsation, even out of the Treasury : in
which way, if they had at that time with tlieir Party joincil the Friends of Cov-
ernment, it might have been done. But they were apprehensive that if the Monv
was ordered to bo paid out of the Treasury, it would lie then moved, that it shoidil
be charged uixm the Town of Boston; which, as the Tax bill was to be past at tliat
time, might have lieeu done with tlie dash of a pen. They therefore, resolving to
o])liose tlie granting the Comjiensation that Session, turned the whole business into
evasions and subterfuges to give pretended reasons for their not complying and to
conceal the true ouo. The reasons given were first, That it was a business of too
much imjiortance to transact without consulting their Constituents; 2nJ That the
Sufferers had not applied to them in a Parliamentary way that is by petitioning tlie
House.

It was not long before they received repeated advices, that the general opinion in
England was that the Honor of I'arlianu'ut was to see this Compensation made
and they would certainly take it \\p where the I'rovincial Assembly refused it.
And it was very obvious that the I'arliament might enforre the payment of a sum
of mony from a sea]iort Town or from a maritime Province, without infringing
any rule of rights laid down by the most sanguine advocate for tlie t'olonies, or
even claimed by themselves in form. The People of Boston therefore began to bo
uneasy that the Mony was not paid, a Town Meeting was called and Instructions
given to their Members to use their utmost endeavours to get the Mony paid out of
the Treasury. This was a signal for me to call the Assembly, whicli I had kept
prorogued by short intervals in order to take hold of the lirst fair op])ortunity that
offered: And I accordinglj' gave notice that the Assembly would meet, at the time
it was then prorogued to.

In the mean time, one of the Pretences which had been made use of last Session
to excuse the granting the Compensation had an effect contrary to what was expected
or at least, not foreseen. As the necessity of consulting their Constituents had been
:uadethe pretence for postponing the business, the Members in general found them-
selves obliged actually to consult their Constituents in form which they would not
have done otherwise. This produced a number of Instructions against paying the
Mony out of the Treasury that many ^Members staid away to avoid ajipearing
against Government, and others were obliged to come fettered with Instructions to
act against it. Among these Peoj)le the general reasoning was, that as it wa.s noto-
rious that the disturbances arose entirely within the Town of Boston, It was not
only unjust that the wliole Province should bo charged with the damages done by
them, but if they were to consent to the payment out of the Treasury, they should
thereby acknowledge themselves to be partakers of proceedings, of which they liad
always expressed their detestation and abhorrence. This was urged jiarticularly at
the Meeting at Salem, the second Town in the Province and always noted for its
attachment to Government, which however its Members were not allowed to sui>-
port upon this occasion only.

Upon the Electing of the Assembly T determined to say nothing that could possi-
bly be perverted and in general to avoid interfering with the House; in any manner.
I accordingly made the Si)e(!ch I herewith inclr)se in full conlideiice, that it vmiUl
not receive a rude answer. I was soon informed that a majority of ihr. House liad
instructions against granting the C^omiiensation out of the Treivsury, the only
method that could bo jiroposed with any prospe<t of success.

The Grant was strruigly urged \<y tlie Members for ISostoii, in which they wj^ro
8upj)ortr'd by some of the ablest friends of (lovernmeiit and opposed by only (Jiie
man of ability who in that instance seemed to lie infatuated. The Argument was
entirely on the side of the Compensation and was much a.ssisted by the •xamina-
tion of some Gentlemen from England to show the assurances whicli had bet-ii given
l)y the friends of the Colonies that tliis Compensafion would be clieerfully made
aiid the almost certain iirobaliility that the Parliament would not acquiesce in the
refusal of it. But the dead weight of th(! Instructions could not be got over altho'
there was a general conviction throughout tlie House that the Compensafion ought
to be made. I must again repeat that the Boston Members exerted themselves
for the Question in this Se88ion, as much as they did against it in the last, but they

940 PnoviNCE Laws.— 1766-07. [Notes.]

were defeated by their former Machinations, otherwise I believe it would have been
carried without a division.

After a litigation of a fortnight, in which the Question was put iu different forms
two or three sev^eral times and lost by no great majority, this expedient was hit
upon: that they should bring in a bill for compensating the sufferers, in which the
sums should be ascertained (the misreport of which was supposed to have hurt the
cause) and also for indemnifying the ilioters. And that the Bill should be printed
for tlie consideration of the Constituents and the Governor should be desired to
grant a recess for that purpose. This past with little or no opposition and a bill
was accordingly brought in and printed and a ]\Iessage was sent to me accordingly.
Two hours after I received Your Lordship's letter: I immediately communicated it
to both Houses and gave the House of Representatives time to consider of it, which
was only spent in fruitless altercations, without any attempt to resume the busi-
ness. I therefore adjourned the General Court for three weeks, being the earliest
day I could appoint. I inclose Copies of the Message to me and my Speech upon
the Adjournment.

After the Adjournment had passed and before I had left the Chair, It was ob-
served in the Council that the House had not ordered Your Lordship's letter to be
printed as it is usual to do in cases where such ]iublication is like to facilitate the
business recommended. It was therefore moved that the Governor be dcjsired to
order the letter to be printed, as it would very much tend to conciliate the minds of
the people to the Compensation and tft remove the ill humour prevailing among
them. This having the unanimous voice of the Council, I assented to, being fully
of the same opinion. I must beg Your Lordship will let the occasion apologize for
my taking this liberty, if there should be an improprii'ty in it, which at present I
don't see as these kind of publications are not uncommon in this Government.

I must beg Your Lordship's indulgence in adding a few words upon an incident
in the forementioned Transactions, I mean the Reflexion cast upon me in the Mes-
sage of the House. Nothin* can show the spirit of these factious Leaders better
than this does, when not being able to find any cause for a Contest with me in the
present Session and yet finding it necessary to keeji up a contention so essential to
their own importance, they go back to a i)assage at the beginning of the former Ses-
sion, which was then sufficiently animadverted upon, and since has been hackneyed
in the Newspapers, for a fresh cause of quarrel with the Governor. At the same
time I believe there was not a Man in the House who really thought that any thing
I had done or said had contribtited to influence a single Vote against the Question,
whereas many of them knew of the Pains I had taken for it. The Town of Boston
(I mean the Political Leaders of it which are but a small part of the gentry i have
110 pretence to ray partial services and yet I have been a constant advocate for
granting the mony out of the Treasury and thereby indemnifying the Town. In-
deed I must own that in so doing I have acted more upon Principles of Policy than
rules of Justice.

However, my Lord, if I have in any instance, let my Spirit get the better of my
Prudence, I beg that one distinction, which Your Lordship upon a precise enquiry
will know to V)e founded in truth, may lie a(lmitt(Ml, that 1 have not exerted myself
upon self considerations. I have borne a torrent of obhKinv and abuse with the
temjier of a Stoick and I have not done au Act of Resentment upon account of per-
sonal injury in any one instance that I can rcx'oUect. But, My Lord, having Ixjen
educatrd in the frequent contemplation of the British Constitution I have con-
tract(Kl suMi a reverence for the Imperial State, that I may jierhaps have expr(>ssed
a respect for it, unsuitable to the present unhappy state of this Country. But I
have at all times had in view to heal the distractions of the Country & compose its
Divisions and I have never knowingly departed from that imrjiose.

'J'hi' iin|)(irtance of the subject & something du<' to my own defence liave ex-
tended this letter to a considerable length, Imt I hope my next on this subject will
be siioi'ter & that there will be no occasion to say any more than that the Comiieii-
sation is niadi;, As I have great expectation that the Method taken to reconcile the
Coniurv I'eojtle to it will succeed." — Gov. licnxtrd to Emi of !<hclbuvnc, Nov, 14,
17(i(i: '-'Mass. Halt, li. T.," vol. 71>, M. m., 5.'), in Piihlif-U'cord Office.

"Dee. 5. ITiiU. Ordered, That Major Hawley, Mr. Otis, "and Mr. Adams, bo a
Committee to prepare a Resolve, setting forth the Motives wliich induced this
House to pass the Bill for granting Compensation, &c. Who Reported thereon as
follows.

rtesoh-ed, TJiat this House in ]iassing the Bill for granting Compensation to the
SidTireis, and of free and general i'ardon. 1 nde!niiity and ( )lili\ion, to the OtTeuders
in the late Times, were inlhtenced liy a loyal and gratehd Itegard to llis Majesty's
most mild ami grarious lieeonnneiidation; by a Deferences to the Opinion of tlu;
illustrious Patrons of the (%>lonies in ( Jreat-Britain : and for the sake of internal
Peae(' and <)r<ler: ^^■itllont Regard to any Interiirelation of his Ma}<'sty's Iteeom-
meiidation into a Requisition. |ireeindiiig all Deliale ami Controversy; and under a
full I'erswasion that the SuHcr 'rs had no just Claim or Demand on the Province.
And that this Compliance ought not hereafl<'r to lie drawn into a Preeeclent.

After which the House pass'd the two following Besolutions. Viz.

I. Ilesolved, That iti was the indespensilile Duty of the SulTerers to have applied
to the Government here, rather than to the ( lovernment at Home; and that the
neglect of any of them to iietition to this Assembly till October hvst, while they were
conqtlaning at Home, is very ri'prehensihie.

n. Whereas it appears to this House by the Resolutions of the Honorable the
House of Comnums of Great Britain, that it was their Opinion that the Itesolution."
of diverse Assemblies in .•Vmerica, had a Tendency to encourage the Itiots thai
liapi>ened there. Resolved, That this cannot be said of the Resolutions of the

[Notes.] Province Laws. — 17G6-G7. 041

House of Representatives of this Province, .as the saitl Riots hai^peneil about two
Months before any sueh Resohitions were in;uh'.

Then the Connnittee appointtsd for the pnr|)ose carried the Bill up to the llonor-
aV)lo Boaril, and return'd." — House Joiininl, />. '_M0.

" Dec. '.I, 17t)ii. Tlie Secretary \V(Mit down to the IFouse of Rejiresentativos with a
Message from his Excellency thi; Governor directing their attendance in the t'ouncil
Cliaiuber.

M' Speaker and the House attended in the Council Chamber .icconlingly. wlien
the StHTcfary by direction of the Governor informed th(> two Houses, that liis Excel-
lency had Signed his Consent to an engrossed Dill intituled 'An Ai-l for granting
compensation to the SuiTerers, and of free and General I'urdon Ind«Mnnity and
Oblivion to the OlYeiulers in the late times: '

His Excellency then madt; the following Speech viz'—

Gentlemen of the Council and Gentlemen of the House of Ri'|U'eseutatives. As
the Business for which you were assembled is now happily tinisheil, I am unwil-
ling to detain You here any longer. I have therefore postponed some business
which I should otherwise have laid before you unto tin; next .Session. ,\nd to tin-
same time I have referred your Vote concerning the Agiuit which was laid before
uje last Night; at which time I shall take it into consideration without delay.

FuA Bku.naku."— C'o(/»(/7
Records, vol. XXl'L, p. Si2.

" Dec. 10, 17t)<i. Advised and Consented that a Warrant be made out to tlio
Treasurer to pay unto the Hon'''« Thomas Hutchinson Esq"" the sum of Three
Thousand oiu; hundred and ninety four Pounds seventt'cn shillings anil six ]icnce,
granted by an Act of the General Court in their last Session, in full compensation
for the losses and sufferings that he and the several persons in his family sustained
in the late times of confusion.

Advised and Consented that a Warrant be made out to the Treasurer to pay unto
the Hon'''<^ Andrew Oliver Esq"" the sum of One Huiulred and Seventy two Pounds
four shillings, granted him by an Act of the General Court in their last Session, in
full (•ompeusation for the losses and sufferings that he sustained in the late times of
confusion.

Advised and Consented that a Warrant bo made out to the Treasurer to pay unto
Benjamin Hallowell .Jmi'' Esq'' the suiu of Three Huntlred & eighty tive jtonnds
six shillings and ten jteuee, granted him by an Act of the Gtuieral Court in their last
Session, in full compensation for the losses and sufferings that he sustained in the
late times of confusion.

Advised and Consented that a Warrant he made out to the Treasurer to pay unto
William Story Esq^ the sum of Sixty seven Pounds eight shillings and ten pence,
granted him by an Act of tin; General Court in their last Session, in full compen.sar
tion for the losses and sufferings that he sustained in the late times of confusion." —
Executive Records of tlw Council, 17t).">-1774, />. 178.

"Mar. 17, 17(57. The Committee a|)pointed to sit in the recess of the Court to
enquire into the Riots committed in tUe month of August 17()5 presented their ac-
count of time and tiavel in attending on that business. Whereupon the following
Order jiassed viz' —

In the House of Representatives. Resolved that there be allowed and paid out of
the pul)lic Treasury to the several persons within mentioned the several Sums set
against their Names, amounting in the whole to the Sum of twelve pounds, six
shillings and six pi'iice in full discharge of the within account.

In Council, Read and Concurred. Consented to by the Governor."— Coinic<7
Reronis, vol. XX VI., p. 47:{.

" Upon the meeting of the new Assembly on May 2.S, it was very apparent that the
Government party must be the Minority. Nineteen of the proscribeil members had
])een left out, among which were some of the most able men in the House aiul most
respectable for their knowledgi; and prudence The House was uncommonly lille<l
■with men of confined and narrow ideas unacquaiiUed with and unfit for public busi-
ness. It was known that Otis's faction intended to push the Government by all
practicable means and also that they intended to oppost; the making a compensation
to the sufferers, for which jiurpose the great intrest which the Lieut Governor had
in the losses would be suflicient iiuluiement to their leader. Under all the.se ditH-
culties the Government had no chance to get that or any disputable business done,
but by preventing Otis faking the lead. This was to be done no otherwise than by
convincing the Hou.se of the dangerous consequences which might follow the violent
measures which it was known he would propo.se and jirosecute. There was no one
to do this but my.self: I was sensible that arguments from the chair have but little
weight in popular Assemblies when a Governor is reduced toargumr-nt: but I had
no choice and there .seemed tube no danger in trying an experiment which loidil
not make things worse than they would be without it. It was ui)on tlie.>*e prin< iples
that I made mv es.sav in n)y two s])eeclies of .May •_".• and June :t and tho' it failed of
success yet I can sav that iif the Government got nothing by it it has lost nothing.
» ' • • • • •

For the reasons before mentioned knowing that the Faction intended to oppose
the Compensation I found it necessary to introduce the recommendation of it in as
forcible a manner as I could. And vet I used no other Terms nor exjiressions more
forciblethaii I had been nse.l to ajiply to his Majesty's recommendationsduringsuch
part of the late War wherein I have been iJovernor of this Province, with the con-,
fltant approbation of the As.sembly. At this time nothing but a lixeil determination
to cavil at whatever I should .say, to oppose whatever I slumld recommend and to
work up in the people a jealou.sy of the interpo.sition of Parliament could cau.so an
exceptiou to be taken to the words I u.sed upon the occasion. I certainly intended

942 ■ Provixce Laws.— 17GG-G7. [Notes.]

to do honour to tlie recominendation of the King; with the advice of his Parliament
by the most respectful terms which I could use. but to arfjue that I intended there-
by to impeach the free agency of the -\.sseml)ly is absurd when it is considered that
at the same time I was applying to them, as free Agents. But the text of these ex-
pressions will be,* comparing them with others used upon like occasions: for this
purpose I have desired the Secretary' to search the books of the General Court in
order to compare the one with the other. His Report I shall inclose with this, from
whence will appear the Terms which have been applied to His Majesty's recom-
mendations for four years together to which I beg leave to refer. The Exception
taken in the present instance is that I have called His Majestj''s recommendntion a
requisition and say that the authority with which it is introduced should iirecludo
all disputation about complying with it. In regard to the first will not a stander by
be astonished at seeing the cavilling at this word carried to such a length when he
shall know that his Majesty's recommendations ha'<-« been usually called requisitions
both by me and the House for six years past and that the word requisition was first
used to this purpose by the House and taken from them hy me and again and again
re-echoed by them. As to the other words, there are in these extracts expres-
sions full as forcible such as these " you cannot hesitate one moment about a ready
compliance with this requisition " feb. lio. 17(i2 and they were considered as terms of
rCsjiect and not of positive obligation. And so they would have been now, if there
had not been a settled design of quarrelling with the Govern' and i:)romoting among
this people a jealousy of the authority of Great Britain.

I should not have troubled Your Lordship with this explanation, if the House
had not revived this dispute at the last Session and made it So serious as to instruct
their special Agent to represent it to Your Lordship as the probable cause of the
delay of tlie Compensation which I shall obser\'e upon hereafter. In the meantime
I have thought proper to insert this account of my intention in its proper place.

There were but two reasons given by the House in tliis Session tor their not com-
plying with the Recommendation the one was that it was a matter of such conse-
quence that they must consult their constituents, the other, that the sulTerers had
not ajiplied to the House in a parliamentary way. This latter was iiroduced but
just before the rising of the Court, if it had been mentioned in time it would have
been removed by the sufferers petitioning the House, as they did at the beginning
of the next Session. The former reason did not appear to l)e sincere, as they
would not fix upon a short day for a recess and apply to me to adjourn them to siu'h
day, which I let them know l' would do if they would make application for it. In-
stead of this they rather showed a disinclination to having an early session for this
purpose and it was commonly said that the usual time of the winter Session (the
middle of Jan'J') would be soon enough for this business. On the other hand if I
had called them together without a proliability of success, it would have only made
the matter worse, I had therefore nothing to do, but to watch the ojiportuniiy,
when there should appear a disposition to make the compensation and then to lay
liold of it.

In my letter to Your Lordship of Nov. li. I informed you how cautious I was in
guarding what I said to the General Court at the opening the Session from being
perverted and of what little avail it was to my purpose; since for want of soimv
fresh matter to quarell about, the House went l)ack to a Speech I made 5 months
ago, which was then fully animadverted upon, in onh^r to make a fresh disjiute. In
their Address they say tliat tlu? manner in which I had i)roi)ose<l a coniiicnsdtion to
tlie sufferers had licen denigatory to the Honor of the House and in ))reacli of the
l»riviledges thereof. T\w exceptionable words in my sjKMn-h werc^ these " The jus-
tice ami humanity of this recpiisition is so forcilile that it cannot bf; controverted;
tlie autliority with which it is introduced sliould preclude all disputation about
(•onijilying with it." Now su])])osing I meant something more than terms of respect
towards tli(> King and rarliam(Mit (which it is ditlicult for any one who considers the
nature of the business to conceive) Yet surely such assertion is much within th(!
bounds of th(! solemn Declaration of their authority so lately made by the King and
rarliamcnt tlieinselves, and therefore my crinu! would amount to no more than an
indiscreet assertion of a real right upon an improper occasion. But surely for a
Provincial Assembly to tell their ( 'lovernor that his indirectly asserting the autlior-
ity of the King and I'arlianicnt over them is a breach of tli(> jirivilcdges of tln-ir
House, is itself a high breach of the privilcdges of a much greater Jxtdy. But
my L(U-d I will make it evident that I meant only to use respectful terms towards
the King and Parliament and not to urge any legal or legislative obligation upon
\\w. Assembly, and that the persons who made this objection knew that this was
so, or ought to have known it. For tliis purpose I've employed the Secretary to
seari-h tiie .Tounials for th(( expressions I liad formerly used in laying befm-e the
House the several orders I received from His Maj<'sty during the late war, whose
Report 1 beg to inclose with this: from whence it will jilaiuly appear that upon this
occasion I used nootiier terms nor more forcilile e.\]iressions than I had often used
before.' with the approbation and concurrence of the House: and that it was the tem-
per of Xhi' House and not my words from whence this objection ai'ose.

What the temper of thi> House- or rather the disi>osition of the few leaders who
inllnence a majority of it is, will apjiear from several jiassages which have passed
Ml the lloiis<' tills last Session, which tho' at another time they would hav<^ been
tliougiil too insignilicaiit for notice, are not so now. A gentleman, one of the cliii-f
, speakers against the Compensation, in the course of his Argument said, in direct
'terms, ' Tiie rarliaiueiit of Cireaf Britain has no right to hi/islulf for us' Uiion
which Mi^ Otis got up made him a bow and thanked him saying that ' ho went fur-

• Sic.

[XoTEs.] Province Laws.— 1700-07. 943

ther tliau ho himself had ilono in that nnu.ir'—M'- Otis wixs ciuloavonrins to onjjas<^
'lie JIoiisu ti> ceusuri! the (Jovenior for taiiiiii; th'|><)siti<>ns in the AITair">f n-sisiiiijj
t!u! Custom Mouse Otlicers, of wliicli I iuforiuiil Vour Loidsliip \>y mv littcrof Oct"
10, wiicMi a Member observed that ' He kuew tlie tinii; wlieii "tiie" House wouhl
have readily assisted tiie (Jovenior in exeeutinj; the Laws of Trach; instead of heiiiR
moved to oppose him in it' To this Otis replied that tiie times were aitired ' Ihev
now knew wliat their rijjhts were, they then did not.' "—Kxti<irl/min letter uf (Jor.
JteriKird to the Knvl of IShelburne, Dec. '24, 17(i6: " Muss, nay, li. T./' vol. 71», J/, m., M,
in Piib/ir-Iifcord Offire.

The followin,!» extract 13 inserted, in the order of its date, to show wliat efTorls
were made, in certain (juarters, to extend the precedent established l)y this act, of
grantin;^ amnesty to rioters.

"Feb. '_'.■>, 1707. A Petition of Elijah Alvord, .loel Ely, Eleazcr Dav, .Tamus
Doane, Stephen Ward, Nathan' Willistone, Lneas Morgan Daniel Nash jun",
Thomas Wiiite jun'' Nathan' C'hnreh and Jon'^ I'inney— .Settin;^ forth— Tliat thev, or
the most of them have for several years past l>een engajj;ed in tln^ LmuiImt l)usinc.s.s
on Connecticut lliver; that a certain (icntlemau in the County of Hampshire l>v
virtue of a deputation from the Surveyor of his Majesty's Woods seized all the
wliite J'ine Timber lie could find on the lliver, and tireatly <listressed the |>eoplo
concerned in this business, and that as they conceive witliout discrimination;
Wliereni)on they, at a time when peoi)les minds were <;reatly fretted and unsi-ttled,
unhapiiily assembled in a riotous manner in the Fields of Norrhamptoii where
great numbers of those white pine Logs lay under Seizure with an intent to turn
them into the lliver seized the Officer anil carried him to Hadh-y and there de-
tained hira some hours against his will until by duress and IJattery they obliged
him to resign his Commission and to engage no more to pursue the aforesaill inetiioil
of supposed Oppression. For which assault and liattery, of which they siiieerely
repent, they were indicted at tin; Court of General Sessions of the jieaee lioideii jit
Northampton in 17<)."). and at the next Session of said Court in February last, all
appeared and pleaded guilly, and were by said Court liiu'd Tiiret^ pouiids ea<-h,
which they have paid with Costs; besides which they have some of them sufTereil
the action of the said Officer against them who obtained a Judgment of Court
against them on Verdict which they have also satisfied. And as they conceive that
their Offence is full within the late Act of Indemnity, praying that they may be a<l-
raitted to share in the Grace of the Governinent, their Conviction, & payment of
their Fines being before the said a;;t was made, notwitiistanding.

lu the House of liepresentatives. Read & Ordered that the prayer of this Peti-
tion lie granted; and that the Treasurer of the County of Hami)shire be, and he is
hereby directed to pay out of the Treasury of the same County to each and every of
the Petitioners aforesaid such Sums as they have respectively paid as Fines" set
upon them by the Court of General Sessions of the peace for said County on their
Conviction of the Offence aforesaid, and that have been paid into said Treasury, and
that upon his paying the same to said Petitioners, he shall discharge himself to the
said County of such Suras so paid bj' virtue of this Order. In Council, Head and
unanimously Nonconeurred." — Council Kfconln, rol. XXVI.. p. 41'.i.

" This proceeding in the house [amnesty to the rioters] took its rise from one of
the members, a principal lawyer in the county of Hampshire, several of whose
clients were then in prison, in that county, for not paying their tines and the costs
of court, having been convicted of a riot raised to oppose the execution of the
stamp act. The attorney-general, having advised with the court, caused them to be
indicted for a riot, and not for treason. This g('iitlemau took exception to the in-
dictment, the offence amounting, indisputably, to treason. The court was sensible
that like exception, in like cases, had been taken in England, and overruled; and,
upon those authorities, overruled the exceptions in this case, and gave judgment.
The bill was framed to include these offenders in the indemnity. It was very
doubtful whether, without this provision, the grant would have been made.'"—
Hutchin.^on'.H Hist. Moss. Bay, vol. '^, p. 158.

' ^° ^EdwarV\^lie3 I Esquires His Majesty's Attorney and Solicitor General.

Gentlemen,

As the Law herewith inclosed, passed in the Province of the Miis.Siuh 1-
sets Bay in December 17G6, appears to the Lonls Commis-sioners for Trade and
Plantations to be of a new and extraordinary nature and importance. I am directe<l
by their Lordships to desire you will be jileased to take it into your consideration
and to favour theni with your opinion, whether the Legislature of that Province
have by their Constitution a power to enact a Law of General Pardon, Indemnity
and Oblivion, in the case to which it refers, without the previous consent of the
Crown.

I am, with great respect Gentlemen Your most obedient humble Servant

John Pownall.
Whitehall \

March \X 1707." j —"M<tss. Bay B. T.," vol. SC, p. 209.

" To the Right Honourable The Lords Commis.sioners for Trade and Plantations.
Mav it please vour Lordships,

in obedience to Your Lordships Commands signified to us by M' Pownall's Jx-U
ter of the i:'>"» of March la.st, inclosing to us a Law iias.sed in the Province of the
Mas.sacbusett3 Bay in Dec"^ 17<i() ai>pearing to Your I>)rd.shipH to be of a new and
extraordinarv nature and import.ance and desiring us to take it info our considera-
tion and report our opinion whether the Legislature of that Province have by their
Constitution a power to enact a Law of General Pardon, Indemnity and Oblivion in
the case to which it refers without the previous con.sent of the Crown.

944 PnovrN-CE Laws. — 1700-07. [Kotes.]

"We have taken the same into our consitleration and are of opinion that the Hov-
ernor Council and Assemlily of the IMassachusetts Bay have not by the Constitu-
tion of that Province any original power to enact a Law of General Pardon, In-
demnity and Oblivion in the case referr'd to, without the previous communication
of the grace and pleasure of the Crown.

All which is humbly submitted to Your Lordshijis consideration

W: beGrey.
April 10, 1767. E. Willes."— 76/(L. vol. 70, M. m., 58.

Upon receipt of this opinion, the Lords of Trade jirepared their representation,
an extract from which appears, as a foot-note to this chapter, anic. The comnjittec,
of the Privy Council, on trade and plantations, to whom this representation was
referred, took it into consideration on the 9th of May, and, four days later, an order
was passed at a session of the Privy Council, the record of which is as follows: —
"At the Court at St. James's, the 13 of May 17()7.
Present
The King's most Excellent Majesty
His Royal Highness ) Earl of Ilcheste'r

the Duke of York. ) Earl of Besborough

Archbishop of Canterbury. Earl of Hillsborough

Lord President. Earl of Shelburne.

Duke of Bolton. Viscount Falmouth

Duke of Queensberry. Viscount Barrington

Duke of Argyll. Viscount Clare. '

Marquess of Granby. Bishop of London

Lord Steward Lord Berkeley of Strattou

Lord Chamberlain. Lord Bathnrst

Earl of Denbigh. Lord Sandys

Earl of Shaftesbury M^ Treasurer of the Household Jas. Stn-

Earl of Litchfield art Mackenzie Esq.

Earl of Marchmont Wellbore Ellis Esq™

Earl of Bristol Sir Gilbert Elliott

Earl of Harcourt. Master of the Bolls.

Upon reading at the Board a Report of the Right Honourable the Lords of the
Committee of Council for Plantation Affairs dated th« y"* of this instant in tlie
words following. Viz'

At the Council Chamber "Whitehall the 0 day of May 1707
By the Right Honourable the Lords of the Committee of Council for Plantation
Affairs

Present
Lord Chancellor. Viscount Howe

Lord President. Viscount Barrington

Duke of Grafton. Viscoinit Clare.

Duke of Bolton. Lord North.

Duke of Ancaster Lord Sandys.

Lord Steward M^ Speaker

Earl of Denbigh. Jas. Stuart INIackenzie Esq.

Earl of Cholmondeley. M"" Secretary Conway.

Earl of Marchmont. M"" Chanced lor of the Exchequer.

Earl of Bristol. Wellhore Ellis Esq'c

Earl of Harcourt Hans Stanley Esq.

Earl of Hillsborough, Lord Ch. Justice Wilmot.

Earl f)f Shelburne. Isaac Barre Esq.

Your Majesty having been pleased by Your Order in Council of the 13"" of last
Month to ril'crr unto this Committee a Kepresentati(Ui of the Lords CoramissTs for
Trade and Plantations touching and concerning an Act passed by the Great and
General (Jourt or Assembly of Your Majesty's Province of the Massachusets Bay
in Ni;w England on the (J'l' day of December 17(i() intituled

An Act for granting compensation to the Sufferers and of free and general

pardon, indemnity and oblivion to Offendors in the late times.
The Lords of the Connnittec^ in olxnlicnce to your Majesty's said Order of Refer-
ence did on the 1^' and 4"' of this instant and again upon tliis day in<'ct and take the
.sai<l Kepresentation and Act into their consideration together with the Charter
granted to the said Pro\ine(! liy Your Majesty's Royal Pre<leeessors King M'illiam
and (Jneeu Mary, and also Your Majesty's Coinmission and Instruct* to the [u-esent
Governor of that Province and upon due deliberation had thereupon, and after a
diligent encpiiry into the jireeedents of the conduct of the Council P>oard in similar
cases. Their Lordslii|is are humbly of ojiinion, that it may be adviseable for Your
Majesty (if in Your Koyal wisdom you shall think tit) to disallow and reject the
said Act, the said Assembly having therein unwarrantably ineor|iorat<'d an Act of
Pardon with an Act of Compensiition, witlioul having obi:iined Your Majesty's pre-
vious consent to such .\et of Pardon; and that it may likewise be adviseabhi for
Your Majesty to direct Your (Jovc^rnor of the Massachusetts Bay, forthwith tore-
quire till' said Assembly to pass a particidar and etTi'ctual Act for compensating all
or any of the Suiferers unmixed with any other matter whatso(>ver, in cas(> such
comjiiMisation shall not have been already made — And the Committee submit this
opinion to Your Majesty without jtrejudiee ti> tlu> I'onsideration of any qtu\stion
touihing the nullity of the Act now under consideration i(b initio, when<!ver the
same may judicially come into <piestiou

His Majesty this day took the said Report into consideration and was pleased
with the advices of his Privy Council to approve thereof and accordingly to order
that the said Act Ik? and it is hercl)y disallowed and rejected And His Majesty

[XoTES.] Province Laws. — ITOr.-GT. 945

(loth horebj' furtlier Orilor that the OovcTnor, LiiMit. Governor or roiuinaiiihT in
Chief of tho rrovince of tlie Miissaehiisetts l?;iy (h) forthwith reiinire tin' said
A.ssemhly to pa.s.s a partiriilar and etl'eitiial Act for coniiieiisatin^ all or any of tlie
SulTerers, uuniixed with any othiT matter whatsoever, in case such cunipensution
sliall not have been already niado."— 7 /»/</., rul. 7'.', M. ni., (>7.

" My Lords, I am to signify to Your Lordships llis Majesty's Commands that yon

lay before tiio House of Commons the Printed Journal of the IIous(! of Ileiiresenta-

tivesof the Province of Massachnsets Bay from October to I)eciMid>er lli'tti an<l tho

Votes and Proceedings of tho Assembly of th<^ Province of New Jersey in Jnno

11M."—Earl of Shdbitriie to Lords of Trade, Mmi 11. ITiiT: ibid., M. m., S'J.

" Monday May rU>' lT(i7.

At a Meeting of His Maj'J "» Comraissrs for Tratle and Plantation.

Present

Lord Clare.

M' Jenyus. M' Rice.

M' Dyson.

Read a letter from tho Earl of Shclburnc dated tho 11"> instant signifying Tfia
Majesty's Commands that the Board do lay before the House of Commons the
printed Journals of the House of Rejiresentatives of Massachusetts Bay from Octo-
ber to December 17()d and also tho Votes and Proceedings of the Assembly of New
Jersey in June 17G(!.

The said Papers having been laid before the Board, Lord (.'laro was desired to pre-
sent them to the House pursuant to His Majesty's commands.

Cl.vue."— " Trade Papers,"
vol. C9, p. 135.

" Whitehall May l.'.. 17()7.

My Lords, I herewith inclose to Your Lordships Copy of an Order of the House
of Lords of yesterday, and am to signify to Your Lordships His Maj'>''* Pleasure; that
you give directions that Coi)ies of all Pajiers, Proceedings and Reports relative to
your Board, and referred to in that order, be transmitted to me to be laid before the
House.

I am. My Lords Your Lordships mo.st obedient humble Servant Shelburne,

' House of Lords, Thursday 14"> May 17(i7

Ordered, That an humble Address be presented to His Majesty, tliat he will be
graciously pleased to give Directions that there be laid b^oro this House Copies of all
Reports made to or by the Comiuissinners of Trade and Plantations, togetlK'r with
all Orders and Proceedings made or had by the Secretaries of State, or llis Maj'>'«
Privy Council, relating to the Bill passtnl by the (xovernor. Council and Asseml)ly
of the Massachusetts Bay, for granting Compensation to the SulTerers, and of free
and general Pardon, Indemnity and Oblivion to the Offendors in the late times, from
the time of the Receipt of the said Bill— And that the Lords with white staves do
wait on His Majesty therewith.' "—Earl of Shelburne to Lords of Trade: " Mass. Bay,
11. T.," vol. 7i), M. m., 60.

" Whitehall 15 May 17G7.

My Lords, I send to Yom- Lordships Copy of a Resolution of the House of
Commons of yesterday and I am to signify to Your Lordships His Majesty's pleas-
ure that you give immediate directions that the Papers therein mentioned be accord-
ingly prepared and transmitted to me in order to be laid before that House.

I am My Lords Your Lordships most obedient humble Servant.

Shelburne.
' House of .Commons. 14 May 1707.

Resolved, That an humble Address be presented to His Majesty, That His
Majesty will be graciously pleased to give directions that there be laid before this
House Copies of all References, Rejiorts, Orders and Proceeilings made by the Com-
missioners of Tra(le and Plantations, the Secretaries of State, or His Majesty's Privy
Council, relative to the Act passed by the Assembly of the Massachusetts Bay for
granting Compensation to the Sufferers and of free and general Pardon, Indemnity
and Oblivion to the Offendors in the late Times from the 2'J"> of December last.' "—
t<liclbiirne to Lords of Tradr : Ibid.

In compliance with the foregoing order and resolve the I,ords of Trade presented
to each of tho Houses of parliament, copies of the following j>ai)ers; viz., the act.
nnnutes of the proceedings of the Lords of Trade thereupon, the letter from Secre-
tary Pownall to the Attorney anil Solicitor (Jeneral, and their report, and the repre-
sentation of the Lords of Tradi' to the Privy Council.

" Oct. 15. 17(i7. His Excellency having communicated to the Council a letter from
the Right Honble the Earl of Sheiburne, one of His Majesty's Principal Secretaries of
State, inclosing an Order of His Majesty in his Privy Council, by which His Majesty
has been pleased to disallow and reject an Act passed by the dreat & Oeneral Court
or Assembly of this Provinces in December 17(>ii intitled 'An Act for granting
Compensation to the Sufferers and of free and general Pardon Indemnity and Ob-
livion to the OlTcndcrs in tln' late times.'

Ailvised and Ordereil that Noii<e bo given in the Massachusetts Gazott*, that the
said Act is disallowed and reje<ted, that every persi>n concerned therein may govern
themselves accordingly."— /^r/'cK^cc lierord.s ofi/ir (.'•mnril, 17(15-1774, p. 2.')7.

" The act was disapproved, upon its being laid before tho king, merely from tho
nature of it, and the danger of establishing a precedent; but tho money wa.H paiil
before the news arrived, and nothing further passed upon tho subject."— //wfcAin-
ton's Ili.'st. Ma.vi. Ihuj, vol. :!, p. KJO.

Chop. 11. " Feb. '21, 17r>7. A Petition of Elias Willard and a great numlx^r of
Others Inhabitants and proprietors of Richmont in the County ol Berkshire- Set-

916 Province Laws. — 1766-67. [Notes.]

ting forth, That there are about eighty Families in said Town, that the Town is
long, and there are already two Meeting Houses and two Religious Societies therein;
that there are sundry difficulties they are under by being one Propriety. And pray-
ing that that part of their original Purchase called Yokuu may be erected into a sejv
arate Town or District.

In the House of Representatives. Read & Ordered tliat Col" Williams, M'' Chad-
wick and Colo Murray with such as the Hou''''^ Board shall join be a Committee to
take the Petition into consideration and Report. In Council, Read and Concurred
& Gamaliel Bradford and Timothy Paine Esq^s are joined in the Afia.\T."— Council
Records, vol. XXVI., p. 409.

Chap. 15. " Oct. 25, 1764. A Petition of Sundry Inhabitants of the Westerly part
of Townshend and the Northerly part of Fitchbourg, and Northeasterly part of Dor-
chester Canada, and of those living on Lexington Farms so called — Setting forth the
great difficulties they labour under by reason of their distance from any place of
public Worship, and in attending Town Meeting and Trainings that there are about
thirty Families of them, and the Land lyes convenient for a Town or District. And
Praying that they and their Lands with a small Gore adjoining to Cambridge may
be erected into a Town or District accordingly.

In the House of Representatives Read and Ordered That the Petitioners serve the
Inhabitants of Townshend, Cambridge and Lexington with a Copy of said Petition
by leaving the same with the respective Clerks of said Towns: and also serve the
Proprietors of Dorchester Canada with a Copy of said Petition hj leaving the same
with the Proprietors Clerk, that so they shew' cause if any they have on the second
Wednesday of the next Session of this Court, why the Prayer thereof should not be
granted. In Council Read and Concurred."— C'oHHci7 Records, vol. A'A'F., /). 2!>4.

" June 24, 1765. The following Order passed in consequence of the Report of a
Committee of both Houses appointed the 7"^ Ins' to take under consideration a peti-
tion of sundry Inhabitants of Townshend, Fitchburgh and Dorchester Canada and
the several Answers made thereto viz'—

In Council, Read and Accepted: And inasmuch as it appears jirobable that the
petitioners may in a short time hence be erected into a District, altho' at present it
might be inconvenient to seperate them from the Towns to which they now belong.

Ordered that the Petitioners be exempted from the payment of any Taxes that
may after this time be granted by the proprietors or Inhabitants of Fitchburgh
towards building their Meeting House, or by the proprietors or Inhabitants of Ash-
burnham towards the finishing theirs.

In the House of Representatives, Read and Concurred. Consented to by the
Governor."— /6irf., vol. XXVI., p. 61.

See, also, note to 1764-65, chap. 17, ante.

Chap. 17. Soon after the peace of Paris, the Acadians who had been brought into
• the province, upon the suggestion of Gov. I^awrence of Nova Scotia, and of his suc-
cessor, Lieut.-Governor Belcher, began to take measures for emigrating to some
place under the dominion of France, or to some other country where the priests of
their religion would be tolerated,— the provincial statute 1700-1, chap. 1, which pro
scribed all Roman Catholic clergymen, on pain of perpetual imprisonment, being still
in force in Massachusetts.

The Count D'Estaing, governor-general, as early as Juno 1761, had issued an in-
vitation to them to settle in San Domingo; but the policy of allowing these subjects
of Gr(!at Britain to thus change their allegiance, being doubted by Gov. 15ernard, he
issued his proclamation forbidding their departure until he could receive advice and
direction from the ministry.

The distressed condition of these strangers, and the burden they imposed upon
the; several towns among which they were distributed, made it imperative that
speedy provision should be made for them somewhere outside of the iirovinc(>,
where they might settle, as British subjects, and eventually become self-sustaining-
and therefore the ncnvly acquired territory of Canada, where, by the terms of the
treaty, Romish jiriests and Protestant ministers enjoyed equal toleration, seemed
the most avaiial)li! place for their future habitation.

This chapter was enacted to jirovide for defraying the expenses of relieving and
transijorting them; and the following extracts show the progress of some of the
events and of t he measures which resulted in its enactment. See, al.so, note to 1757-
58, chap. 7, <inli\

" Mr. Secretary came down from His Excellency the Governor with the folhnving
Message, Viz.

Gentlemen of the House of Representatives.

At th(i beginning of this Session T sent a Message to you recommending a Petition
of some Fn'neli Acadians, to which I have n^ceiviul no .Vnswer. I now recomuien<l
to you another I'etition of the Acadians in general, which I desire you would iin-
meiliately take inti) your ("onsideration

lOver since I havcbeen Giivernor of this Province I luive had great Compassion
for liiis I'eiiple, as everyone innsl, who has considered that it was by the I'"xigencie.s
of War, rather than any Fault of their own, that they were riMiioved from a state of
Ease and Alliiienee, anil brought into Poverty and Dependanee; from which in their
presiMit situation they can see no prospect of being delivered. I hiwc heretofore
rnadt! several .\t tempts to get them settled in some manner that might make them
useful Sulijeets of (ireat-Iiritain, and comfortabh; to themselves; but I have failed
for want of Ability.

NiHi have now an Opportunity at no great Expenee to dispose of these People, so
that, instead of being a Burthen to the Province un<l to themselves, us they are like

[Notes,] Province Laws.— 17G(]-G7 947

to continue whilst tlioy remain liero; they may become a fresh aeeession of Wealth
and Strength to the Bi-itish Empire in America; as it is certain tluit tlicir In(histry
only waits for Property to exert itself upon, without which no ono will lie indnstri-
0U9. I therefore hope you will improve tliia Occasion; and in so doin;; you will
unite public Spirit with Charity, Fk.\. IJKUNAitn.

Couneil-Chamber Feb. 1:5, ITlMi.

Read and Ordered, That this Message be considered at three o'Clock Afternoon."
— House Journal, p. 1*72.

"Feb. 20. 1"0(>. In the House of Rei)resentatives. Upoti tlie Petition nf the
Accadians Resolved That the Commissary General bi; directed forthwith to jiut in
Execution the Resolve of the wlioh; Court of the loth of February last res|iecting
said Accadians, and if they refuse to {^o to the several Towns to which they were
assigned by order of this Court, that them the House Rc-nt aivd jirovisions they
now receive be withdrawn, and that they still be deemed as Iidiabitaiits of tlic
Towns to which they are originaly assigned. But in ease any of tlicm should be in
such necessitous circumstances as to re(inire immediate Relief and support they
shall be relieved at the charge of the Province 'tillthey are in circumstances to return
to tlie Towns to which they bcdong.
In Council, Read and Nonconcurred "—Council Erronli, vol. XXVI., p. 10;i.
" Sir. I received some time ago your Letter of the 2.")"> Feby relative to the
Accadians in your Province: I think it will be for the good of the British Emjiire in
General, and that of this Province in particular that these people were; Settled here
upon the same footing with his Majestys New Canadian Subjects, ami therefore I
shall not hesitate to receive them. But as they formerly ri^fused to take the Oath
of Allegiance & abjuration, and by their Petition to me, it appears they exjiect
to be supported here at the cxjience of Government until they can jirovide for them-
selves, I think it necessary to inclose my Answer to their Petition, which I beg you
will be pleased to have communicated to them in such a way that none may plead
ignorance: this will prevent futiu-e heartburnings & reproaches on either sid(!." —
Extract from letter of Gov. Murray to Gov. Bernard, Apr. 28, 17(kJ: Mass. Archircs, vol.
24, p. 570.

" June 9, 1766. The Secretary went down to the House of Representatives with
the following Message, and the Letter from Governor Murray and the Petition from
the French Accadians therein referred to; the Message is viz'

Gentlemen of the House of Representatives

According to the desire of the House last Session, I sent two Accadians in Fel>-
ruary last with Letters to liis Excellency Governor Murray: One of them is since
returned and has brought Letters from Gov Murray, exjiressing his readiness to
receive the Accadians if they shall be transported thither; but signifying Ids Inabil-
ity for want of a proper Fund to make any provision for them u]ion their arrival.
The Accadians are willing to go, ami have given in TJsts of those who are ready to
the amount of Eight hutidred and ninety persons. Tliey have also given in another
Petition praying some provision may be made for supporting them for a little time
after their arrival. All which I lay before You, that you may do herein as you
shall think most proper. Fra. Beknauu." — Council Rciord.t, vol. XXVI., p. 24.5.

•' June 11, 17(i6. On a Motion made and seconded, Ordered, That Mr. Wood, Capt.
Thayer, Capt. Saunders, Mr. Oliver, and Mr. Johnson, be a Committee to inquire
into the State and Circumstances of the Accadians in the Province, and report what
is proper to be done. The said Committee are instructed to enquire how far the
Orders of this Court relating to said Ar-radians have been comply'd with, and
whether any Provision has been since made for them at the Expence of this Gov-
ernment."'— House Jiiurnals, p. 7.'>.

" June 18, 176G. The Committee appointed to enquire into the State and Circum-
stances of the French Accadians in the Province; madt; report.

Ordered, That Mr. Otis, Col. Bowers, and Mr. Saiju-ard, be a Committee to pre-
pare a Resolve to prevent their being further sui)plyed at the Expence of the Gov-
ernment, and to consider what is proper to be done respecting the Money already
advanced for that Purpose."— /')/>? , ;'. !).5.

" Juno 2.5, 17G(J. Ord(,red, That Mr. Wood, Capt. Saunders, and Col. Prescot of
Groton. be a Committee to prepan; an Answer to his Excellency's Message relating
to the French Neutrals." — I hid., p. 126.

" June 2(), I'W). Cap' Saunilers and Others from tlu; House of Representatives
waited on his Excellency the Governor with the following Message

May it please vour Excellencv. The IIon.se have duly attended to your Exrel-
lencj-.s Message o"f the '.)"i Instant relative to tin; French Accadians; and by Gov-
ernor Murravs Letter accom]ianying the same We find he is ready to receive them;
but your Excellency is plea-sed to inform ns, that Gov"^ .Murray has signified to you
his inability for want of a proper Fund to make any provision for them upon their
arrival there.

As this I'rovince has lieen at great expence in sup|)orting them here, and have
taken other measures to render them comfortable; tlio House can't think it pru-
dent at this time that this Government should be at any further expence concern-
ing them."— CointciV /Jrcon/.-i, ;-o/. A'AT/., /).-2'.ll.

" June 27, 17()(). In the House of Representatives. Resolved That the Sum of
Forty eight pounds, tiftcen shillings & eight pence half jienny which lias been |)aid
out of tlie Treasury of tliis Province by onler of the Governor and Council for the
.support of sundrv of the Accadians. be added to the next years Tax of ea<-h of
those Towns to which the several jK-rsons for whose support the .same money wast
advanced, were assigned, in the same proportion as thi; Haine was paid out, and that
no further Sum be paid out of the Treasury for the »upj>ort of any of those |>eoplo
without the Order of this Court.

948 Province Laws. — 1766-67. [Notes.]

In Council, Read and Concurred, with inserting, ' Cases of absolute necessity ex-
cepted.'

In the House of Representatives, Read & Nonconcurrcd."— /?*«i., p. 294.

" June (J, 17()7. Ordered, That Col. Murray, Mr. //«//, and Col. Pnbble, he a Com-
mittee to enquire to what Towns those 1!) Accadians belonged, for whose passage to
Quebec, the Sum of thirtij-fonr Pounds was advanced out of the Treasury."— 7/o«i>e
Journals, p. 28.

" June 8, 17G7. A Petition of EUsha Story, Physician, praying that he may be
allowed the Sum of £13 7, for Medicines and Attendance on divers sick Neutrals,
as set forth in his Petition.

Read and not sustain'd." — Ibid., p. 32.

" June 9, 17G7. Ordered, That Col. Bourn, Maj. Frye, and Capt. Farleji, be a Com-
mittee to inquire into the Circumstances of Michael D. Earjle a French Neutral, and
report to the House."— 7&irf., /j. ■H.

" June 0, 17()7. In the House of Representatives. Resolved that the Sum of
Forty eight shillings be paid out of the Province Treasury to Michael Daiglc one of
the Nova Scotia French Inhabitants, to enable him to transport himself and Fiwnily
from this Province to Canada.

In Council, Read & Concurred, Consented to by the Governor."— Cow ncii liec-
ords, vol. XXVII., p. 'S6.

"June 10, 17G7. On a Motion made and seconded Ordered, That Col. Bowers,
Col. Richmond, and Capt. Sheajf'e, be a Committee to inquire by whose Determina-
tion and Order the Charge of supporting any sick and indigent Persons in any of
the Towns in this Province, have been allowed and paid out of the Province Treas-
ury: And also in what Manner and by whom such sick and indigent Persons have
been adjudg'd to be the proper Charge of this Province, and make report."— //om.sc
Journal, p. 38.

" Jan. 5, 17(>8. In the House of Representatives. Ordered that Colo Bowers, ;M'"
Sayward and M"" Hall be a Committee with such as the Hon''i« Board shall join
to inquire into the state of the poor of this Province in the Town of Boston. In
Council, Read and Concurred and William Brattle and Jeremiah Powell Esq''* are
joined in the aiYaiT."— Council Becords, vol. XXVII., p. 118.

" Feb. 2G, 17G8. The Committee appointed the 5'^ of January last to enquire
into the State of the Poor of this Province in the Town ol Boston presented a
Schedule and sundry Accounts annexed to shew the same, which was read in
Council and sent down to the House of Representatives, whereupon they jiassed
the following Order viz'— In the House of Representatives, Read and Ordered That
M'' Dexter, Cap' Sheaffe and M^ Sayward witli such as the honbie Board shall join
be a Committee to agree with a Doctor to take the care of the poor of this Prov-
ince in the Town of Boston, and that the Conunittee notify the Selectmen of the
Town of Boston to attend upon them, if they see cause, and the Committee are fur-
ther directed to report a full account of the charges of maintaining the Province
poor in said Town the year past.

In Council, Read and Nouconcurred." — Ibid., p. 259.

See 17()7-()8, chap. 8, and note, for assessments on towns for sundry expenses in-
curred by the province for the support of Acadians.

Chap. 18. " Feb. 12, 1767. Pursuant to agreement the two Houses proceeded to
the choice of Civil Officers for the present year, when James Russell Esq"" was
chosen Commissioner of Impost by a major part of the Votes of the Council and
House of Representatives. Consented to by the Governor." — Council Records, vol.
XXVI., p. 379.

Chap. 19. " Mar. 20, 1767. In the House of Representatives. "Whereas the hon^ie
Sami Danforth Esq^ and Nathaniel Hatch Esq'' two of the Commissioners by Law
apiiointcd for adjusting the affairs necessary for the equitable (inishing the Land
Bank, desire to be excused from that trust, and Thomas (ioldthwait Es(i'' another
of said Commissioners is removed to such a distance as tliat he cannot conveniently
attend.

Ordered that there be three persons chosen by this Court Commissioners in their
room to r(!ceive Commission from his Excellency the Governor; and that u Bill bo
brought in impowering such Commissioners as may be appointed by this Ci>urt to
execute their Commission.

In Council, Read & Concurred." — Council Records, vol. XXVI., p. 484.

Chiip. 21. "Juno 12, 17(i4. A Petition of Benjannn Ilallowell Esq''- Setting
forlii, Tliat soon after th(> late groat Fire in Boston an Act i>assod for rogidating tlie
Streets in that part of tlu' Town, and a Conunittee was appointed for that purpose:
That the said Committee had i^rojectod a new Street, and tlie IN'Iitioner whoso
House was burned in said Fire, built a new oiu? in conformity to saiil projeetiou: tuit
that the Comniiltee on tlio last day of their Sitting laid tlio same aside and earrietl
the Street 2.';.'i feet into the Petitioners Shipyard where it will cost at least i'l.-iO—
Sterling to till up Ibe Dock and make Land iit for the luwpose. And Praying that
Bread Street mas' be made to cross Milk Street so as to becoiUinued u]) to the Front
of the Petitionei-s said Ilo\iso, tlio Petitioner agreeing to pay for such land as shall
be laiil out for the continuing said Street as afori'said, as it shall be apprized by any
juilicions men.

In the House of Representatives Read and Ordered That the Petitioner serve the
Clerk of the Town of Boston with a copy of this Petition, that they shew cause, if
any tliey iiave, on the second Wednesday of the next Sitting of this Court why the
Prayer ihereof should not be granted

[Notes.] Peovince Laws. — 1TG6-G7. 949

In Council Read and Conciirri'd." — Council nemnh, vol. XXV., p. 257.

" Feb. !•, 17(io. A Petition of 15enj" Hullowoll Esci^ praying for an alteration in tlie
running of the Street leading to liattery Match hy the petitioners House and Sliip
yard as entered the rj"> of June last.

In Council, Read again together with the Answer of tlio Town of Boston. And
Ordered. That James Bowdoin Esq"" with such as the Ilon'"'*^^ House; sliall join he a
Cuiniuittee to ascertain the value of the several parcels of Land that may lie taken
for accomodating the Street as it is proposed to lie run, or for accomodating either of
the parties concerned, as mentioned in the said iietition or Answer, ami liring in a
Bill accordingly.

In the House of Representatives, Read and Concurred, and M"^ Boardman and M'
Gray are joined in the affair."— /'>/</., p. :{!Hi.

'•June ■_'"), 171)5. In Council. Voted that the Petition of Benj-' Hallowell with
the jiapi'rs accompanying it relative to the laying out a new Street in the Town of
Boston he referred to the next Session of this Court; and in the inran time that tiio
Coitimittee prepare a Bill for tli<; purpose mentioned in said l*t!iiiion, and papers,
and report the same at the next Session. lu tho House of Uei)resentatives. Head
aud Conciured." — Ibid., vol. XXVI., p. Gl.

Chap. 22. " Their Lordships took into consideration twelve Acts pa,s.sed in tho
Province of Massacluiscts Bay in February and March last, together with Sir
^lathew Lamb's Rejiort thereupon.

Ordered that the Act entitulcd .1;? Art for cffectudUij jircvculin'i tlir fiivn-iici/ of the
liill.'< of Credit of Conncctirut, .Vcc Ilatvps/tirc and liliodo Is/and villiin tin's I'ro'rinre
be tak(!n into further consideration on this day se'nnight and that the principal
merchants trading to the New England Colonies, be desired to attend the Board on
that day." — Extract from Minutes of the Board of Trade, Dec. 1, 17()7: " Trade
Papers," vol. (JO, p. 3;^.

•' Their Lordships took into further consideration the Act passed in the Pro\ince
of Massachusetts Bay for prerentint/ the currencii of Bills of Credit of the iieii/hbonrinr/
Govern'' and M"" Alderman Trecothick and M^ Bernard two principal Slerchants
trading to the New England Coloni(;s attending, their Lordshi]is had some discourse
with them upon the subject of this Act, which they stated to have had a salutary
effect and that it was, in their opinion, a measure accompanied with beiietit to the
mercantile interest but submitted the propriety of the several provisions to their
Lordships consideration." — Ibid., p. 339: Dec. 8, 1767.

ACTS,

Passed 1767—68.

[951]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-seventh day of May, A.D. 1767.

CHAPTER 1.

AN ACT FOR GRANTING THE SUM * THIRTEEN HUNDRED POUNDS, FOR
THE SUPPORT OF HIS MAJESTY'S GOVERNOR.

Be it enacted by the Governor, Council and House of Representa-
tives,

That the sum of thirteen hundred pounds be and hereby is granted
unto his most excellent majesty, to be paid out of the i)ublic treas-
ury to his excellency. Francis Bernard, Esquire, captain-general and
governor-in-chief in and over his niajcst3's province of the Massachu-
setts Bay, to enable him to carry on the affah's of this government.
[^Passed June 4 ; published June 25.

Grant of £ I. wo,
for tlic Hiipport
of bill miycfrly's
governor.

CHAPTER 2.

AN ACT FOR INCORPORATING THE NORTH-EAST QUARTER OF THE
TOWNSHIP OF RUTLAND, IN THE COUNTY OF WORCESTER, INTO A
DISTRICT BY THE NAME OF IIUBBAKDSTON.

Whereas the inhabitants of the north-east quarter of the township of rrcambie.
Rutland, in the county of Worcester, labour under many and great dif-
liculties, by reason of their not being erected into a distinct and separate
district ; wherefore, —

Be it enacted by the Governor, Coxincil and House of Representa-
tives,

[Sect. 1.] That the said north-east quarter of Rutland, as hereafter iiubbnr.iHion
described ; vizt"., bounded, southerly, on the town of Rutland ; easterly. ;i;;;',X\Vi.'.vV'r-
on Princetown ; northerly, on Templetown ; and, westerly, on Rutland tain bound* .-
district, — be and is hereliy incorporated into a district by the name of
Hubbardston; and that the said district be and herel>y is invested with
all the powers, priviledges and immunities that towns in this province
by law do or may enjoy, that of sending a representative to the gt-nend
court only excepted ; and that the inhabitants of .said district shall have
libertv, from time to time, to join with the town of Rutland in chusiug a _t„j„in wuh
representative; and shall be notified, by the selectmen of said town of J^h"ciliIinV" rep-
Rutland, of the time and place of election, by giving seasonalile notice rcMntntivc.
to the clerk of the said district for the time being, of the time and place
of the said meeting, to the end that the said di-slrict may join them

• Sic: "of" omitted.

808

951

Pbovince Laws.— 1767-68.

[Chap. 3.]

Proviso.

A tax laid for
repairing roads.

.Jobn Murray,
Ksq., to issue
liJH warrant for
calling a meet-
ing:

—town clerk of
Kutlund to de-
liver him copies
of last lists of
valuations.

therein ; and the clerk of said district shall set up, in some public place
in said district, a notification thereof accordingh' ; which representative
ma}' be chosen indifferently from said town or district ; the pay and
allowance of such representative to be borne by said town and district
in proportion as they shall, from time to time, paj- to the province tax.

Provided, nevertheless, —

And he it further enacted,

[Sect. 2.] That the said disti'ict shall pa}- their proportion of all
town, county and province taxes already set on, or granted to be raised
by, the town of Rutland, in like manner as if this act had not been made.

And he it further enacted,

[Sect. 3.] That there be laid a tax of one penny per acre upon all
the lands lying in said district, for one year only, to enable the inhabit-
ants of said district to make and repair roads.

And he it further enacted,

[Sect. 4.] That John Murray, Esq'^'"^, of said Rutland, be and
hereby is directed and empowered to issue his warrant, directed to some
principal inhabitant within said district, requiring him to warn the in-
habitants of said district, qualified to vote in town afi'airs, to assemble,
at some suitable time and place, in said district, to chuse all such offi-
cers as are necessary to manage the affairs of said district.

And he it further enacted,

[Sect. 5.] That the town clerk of the town of Rutland, before the
first meeting of the said district of Hubbardston, shall deliver to said
John Murray, Esq^''^., copies of the last lists of valuations of the real
and personal estates of the inhabitants of said district of Hubbardston,
in order to determine the qualifications of voters at said meeting ; and
that the inhabitants who shall appear, by said lists, to be voters, accord-
ing to law, shall be allowed to vote. \_Passed June 13 ; published
June 25.

CHAPTER 3.

AN ACT FOR ERECTING THE NEW PLANTATION CALLED LEBANON,
LYING AT THE HEAD OF THE TOWN OF BERWICK, ADJOINING ON
THE EASTERN SIDE OF SALMON FALLS RIVER, IN THE COUNTY
OF YORK, INTO A TOWN BY THE NAME OF LEBANON.

Jjf^banon erected
Into II town, l)y
certain bounds.

Preamble. AViiEUEAS the crccting the plantation called Lebanon, into a town,

will greatly contribute to the growth thereof, and remedy many incou-
vcniencics to which the inhabitants and proi)rietors may be otherwise
subject, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the jjlantation aforesaid, bounded as followeth ; viz.,
begining at Salmon Fall River, in the north bounds of the township
of Lerwick, and to run, north-east and by cast, with that line, six miles
two hundred rods ; then, north-west and by north, six miles and eighty
rods, witli the i)rovince land; then, south-west and by west, with the
unappropriated hinds of the government, and a grant made to Jonathan
LagU'v, Esq., to the river aforesaid; and then, with the said river, to
the bounds first mentioned, — be and hereby is erected into a town by
the name of Lebanon : and that tlie inlial)itants thereof be and herel)y
are inv(>sted with all tlie [KJwers, privik-dges and iinniunities winch the
inhabitants of tlie towns within this province do cnjo}*.
And he it fuj-ther enacted,

Benjamin ubad- [Skct. 2.] That Benjamin Chadburne, Esq., be and hereby is im-

[1st Sess.] Province Laws! — 1707-68.

95;-)

powered to issue his warrant, directed to some ijrincipal iiiluiMtaiit in i).irii.. Khq., to
said town, requiring- liiin to warn the iulialiitanls of the said town, who r"rniV.'i-''cai'iing
have an estate of freehold according to charter, to meet at such time aincciing.
and place as shall be therein set forth, to chuse all such officers as are
or shall be required by law to manage the affairs of the said town.
[^Passed June 17 ; published June 2o.

CHAPTEE 4.

AN ACT FOR INCORPORATING THE SOUTH-WESTERLY PART OF DEER-
FIELD, IN THE COUNTY OF HAMPSHIKE, INTO A DISTRICT BY THE
NAME OF CONWAY.

Whereas it appears to this court that the incorporating the south-
westerly part of the town of Deerfield, in tlio county of Hampshire,
into a seperate district, would relieve the inhabitants already settled
there, from man}' difficulties they now labour under, and tend greatly to
encourage others to settle thereon, —

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

[Sect. 1.] That the south-westerly part of the said town of Deer-
field, bounding as follows ; viz., east, on the Seven-mile Line, so called,
until it comes to Deerfield River; south, upon the north line of the
town of Hatfield ; west, on the east fine of Ashfield ; north. i)artly on
the North-west Division, so called, until it meet with Deerfield River,
and thence, by said river, until it come to the Seven-mile Line aforesaid,
— be and hereb3' is erected into a district by the name of Conway : and
that the inhabitants thereof be vested with all the powers, priviledges
and immunities which the inhabitants of the towns within this province
do enjo3', excepting onh' the priviledge of sending a representative to
the general assembly ; and that the inhabitants of said district shall
have liberty, from time to time, to join with the town of Deerfield in
the choice of a representative or representatives ; which representatives
may be chosen indifferently from»said town or district, or the district
of Greenfield, already joined with said town of Deerfield ; the pay and
allowance of such representatives to be borne by said town and dis-
tricts, according to their resi)ective proportions of the province tax ;
and that the town of Deerfield, as often as they shall call a meeting for
the choice of representatives, shall, from time to time, give seasonable
notice to the clerk of the said district of Conway, for the time being, of
the time and place for holding said meeting, to the end that the said
district may join therein ; and the clerk of said district shall set up, in
some public place in said district, a notification thereof accordingly :
the meeting for the choice of representatives to be held in the town
of Deerfield, and to be regulated i)y the selectmen of said Deerfield.

And be it further enacted,

[Sect. 2.] That the said district of Conway shall pay tlieir propor-
tion of all town, county and province taxes already set on. or granted
to be raised, as if this act had not been made; and in future taxes,
until the further order of this court, shall pay a like proportion as
they paid in the last province and county taxes laid on the town of
Deerfield, and that it be deducted from Deerfield tax.

And be it further enacted,

[Sect. 3.] That Elijah Williams, Esq., be and hereby is irai)owered
to issue his warrant, directed to some principal inhabitant in said dis-

Proamble.

Conwav c-rccu?d
into a diHtrict,
by certain
buundu:

— to join with
DecrtielJ in
choosini; a rep-
resentative :

— nifotinK for
the clioice, to l>«
lul<l in Dcer-
»U-1<1 :

— to pay llii'ir
l>roporlioii of
ccrluiD taxes.

KlIJahWIIILim*.
Esq., to iMUn
hla warrant for

956

Peovixce Laws. — 1TG7-G8.

[Chap. 5.]

calling a meet-
ing.

Who ehall be
allowed to vote
at 8aid meeting.

trict of Conwaj', requiring him to warn the inhabitants of the said
district, in order to chuse such officers as, b}- law, towns are im-
powered to chuse in the month of March, annuallj'.

Be it enacted^

[Sect. 4.] That the iuliabitants of the said district of Conway,
who, ill the last tax iu the town of Deerfield, were rated one-half part
so much for their estates and faculties as for one single pole, shall be
allowed to vote in their first meeting, and such other meetings as ma^'
be called in said district, until a valuation of estates shall be made by
assessors there. [^Passed June 17 ; published June 25.

CHAPTER 5.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF EIGH-
TEEN THOUSAND THREE HUNDRED POUNDS.

Preamble.

Treasury sup-
plied with
£18,300.

How appro-
priated.

Whereas no provision is made to defrey the charges of government
for the present 3"ear ; and ivhereas the treasurer has represented to this
court, that, when the taxes for the year one thousand seven hundred and
sixty-six are paid into the treasuiy, with the excise upon spirituous
liquors, there will be a surplusage in the treasuiy of at least eighteen
thousand three hundred pounds,—

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the treasurer be and he is hereby directed to apply
the aforesaid sum of eighteen thousand three hundred pounds to defrey
the charges of government for the ensuing year, to be issued in the
manner following ; that is to sa}', the sum of eight thousand pounds,
part of the aforesaid sum of eighteen thousand three hundred pounds,
shall be applied for the payment of grants made or to be made by
this court ; and the further sum of three thousand three hundred
pounds, part of the aforesaid sum of eighteen thousand three hun-
dred pounds, shall be applied for the payment of his majesty's council
and the members of the house of representatives serving in the great and
general court during the several sessions of tlic present year ; and the
further sum of five hundred pounds, part of the aforesaid sum of
eighteen thousand three hundred pounds, shall be applied for the pur-
chasing provisions and the commissary's disbursements for the service
of the several forts and garrisons within this province ; and the further
sum of two thousand pounds, part of the aforesaid sum of eighteen
thousand three hundred pounds, shall be api)lied for the discharge of
debts owing from this province to ])ersons who have served and shall
serve tliem, ly order of this court, in such matters and things where
there is no establisliinciit nor an}' certain sum assigned them lor that
purpose, and fur paper, writing and ])rinling for tliis court, and repairs
of the i)roviuce-hoiise, court-house, lighthouse, wood at Castle WiUiain,
and repairs of fortilications witliin this province; and the further sum
of four thousand })oiinds, i)art of the aforesaid sum of eighteen thou-
sand three hundred pounds, shall be applied for the jiayment of ex-
pcnces of the several torts and garrisons within this province ; and the
huther sum of fonr hundred pounds, part of the albresaid sum of
eigliteeu tliousand three hundred pounds, shall be ai)plied for the pay-
ment of the Ixninty upon wheat and Hour ; and the further sum of
one hundred pounds, part of the aforesaid sum of eighteen thousand
three hundred pounds, shall be ai)plied to pay such contingent and un-
foreseen charges as may arise, and for uo other purpose whatever.

[1st Sess.] Province Laws.— 17G7-G8.

9.-, 7

And be it farther enacted,

[Skct. 2.] That the treasurer pay the aforesaid sum of eighteen Trcn«urcrto
thousand three hundred pounds out of sueh appropriations as shall he J.'ilf/.fu,"'""''''
direeted by warrant, and no other; and the secretary to whom it lie- l'>roi?riatu.n8'
longs to keep the muster-rolls and aeeonnt of charge, shall lay before wirmnt.''^
the house of representatives, when they direct, such muster-rolls and
accomits of charge, after payment thereof. [^Passed June 1*J ; pub-
lished June 25.

CHAPTER G.

AN ACT FOR CONFIRMING THE VOTES AND ORDERS OF THE PRO-
PRIETORS OF THE TO\VN OF ROYALSTON, SINCE THE FOURTH DAY
OF JUNE, IN THE YEAR ONE THOUSAND SEVEN HUNDRED AND
SIXTY-FOUR.

Whereas at a meeting of the proprietors of the town of Koyalston, rreambie.
held at Cambridge, in the county of Middlesex, on the fourth day of
June, in the year one thousand seven hundred and sixty-four, the
standing clerk of the said propriety being necessarily absent, Caleb
Dana, Esq., was then chosen clerk, pro hac vice, but not sworn; and
the meeting aforesaid was adjourned from time to time, and many
votes of great consequence to said propriot}- were passed at the several
meetings, by adjournment, since the said fourth day of June, and a
division made of the greatest part of the proprietors' land in said town,
and deeds passed in consequence of said meeting, and the several
adjournments thereon ; and the proprietors have made application to
this court to aid them so far as to confirm the said meeting of the
fourth day of June aforesaid, and all the subsequent proceedings
thereon at their several adjournments, the omission of the said Dana's
being sworn notwithstanding ; therefore, —

Be it enacted by the Governor, Council and House of Representa-
tives,

That the meeting of the said proprietors of Royalston, of the fourth Votes and
day of June, one thousand seven hundred and sixty-four, and all the 40io7ju"rcV'"
votes and orders passed at said meeting, and the several meetings they
have had by adjournments since, and all their proceedings as to a
division of their lands, and ever}' other act or acts, thing or things, by
them done on the said fourth day of June, one thousand seven hundred
and sixty-four, and at their several adjournments since, be and hereby
are confirmed, to all intents and purposes, as fulh' as if the said Caleb
Dana had been duly and seasonably chosen and sworn to the faithful
discharge of his said trust : provided, the said Caleb make solemn oath provi«o.
that he has trul}' and faithfully entred the voles and proceedings of said
proprietors, at each and ever}' of the meeting aforesaid wherein he
acted as clerk, and a certificate of such oath be entred in the records
of the said proprietors. [^Passed June 20 ; published June 2o.

17C4, declared
valid.

958

Province Laws.— 17G7-G3.

[Chap. 7.]

CHAPTER 7.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF ONE
HUNDRED AND TWENTY-FIVE THOUSAND EIGHT HUNDRED AND
FIFTY POUNDS, TO BE APPLIED FOR THE REDEMPTION OF GOVERN-
MENT SECURITIES THAT WILL BECOME DUE IN THE YEAR OF OUR
LORD ONE THOUSAND SEVEN HUNDRED AND SIXTY-EIGHT.

'I'rcasury sup-
])lic(l with
jC 125,850.

1740-50, chap.
V.>.

Form of the

treasurer's

notes.

Tronsiirpr toob-
Bi'i-ve the diroc-
tioiiH of the act
ofthe2clofhi8
l>r(^8cnt majesty.

1701-62, chap.
23.

Money bor-
rowcil, to be
ii|>|ili('(l for the
riiliini)tioii of
Knviriiiniiit.
Biciirities.

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the treasurer of the province be and he hereb}' is
directed and impowered to borrow, of such person or persons as shall
appear ready to lend the same, from time to time, as he shall have
occasion for the mone}', a sum not exceeding one hundred and twent}'-
five thousand eight hundred and fift}' pounds, in mill'd dollars at six
shillings each, or in the several species of coined silver and gold enu-
merated in an act, made and j^assed in the twent3'-third year of his late
majesty King George the Second, intituled "An Act for ascertaining
the rates at which coined silver and gold, English halfpence and far-
things, may pass within the government;" and the sum so borrowed
shall be applied in manner as in this act is hereafter directed ; and for
the said sum the treasurer shall give his receipt or obligation in the
form following : —

Province of the Massachusetts Bay, the day of , A.D.

Borrowed and received of the sum of , for the use

and service of the province of the Massachusetts Bay; and. in behalf of said
province, I do promise and oblige myself and successors in the office of treas-
urer to repay the said or to his order, tlie twentieth day of
June, one thousand seven hundred and sixty-nine, the aforesaid sum of

, in Spanish mill'd dollars at six sliillinns eacli, or in the
several species of coined gold and silver enumerated in an act, made and
passed in the twenty-third year of his late majesty King (leorge the Second,
intituled "An Act for ascertaining the rates at which coined silver and gold,
English halfpence and farthings, may pass within the government,"' and
according to the rates therein mentioned, with the interest, annually, at five
per cent.

Witness my hand, H. G., Treasurer.

A. B.,)

C. D., >■ Committee.

E. V.,)

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

[Sect. 2. And the treasurer, in issuing said receipts and obliga-
tions, and the committee chosen to countersign them, shall observe and
be governed by the rules and directions given them by an act of this
province, made in the second year of his present majesty's reign, inti-
tuled "An Act to suppl}' the trcasur}' with the sum of twent3'-flve thou-
sand i)ounds."

And he it further enacted,

[Sect, o.] That the said sum of one hundred and twenty-five thou-
sand eight hundred and fifty pounds, ordered to be borrowed by this
act, when received into the treasury, shall be applied by the treasurer
ibr the redemption of government securities that will become due in
June, one Ihousaiul seven hundred and sixty-eight.

And in order to draw said nioni'V into the treasury again, and enable
llie treasurer e(rectually to discharge the leceipts and obligations (with
the interest that may be due tliereou). I>y him given in jjursuance of
lliis act, we, liis nuijesty's most dutiCul and loyal subjects, the repre-
sentatives of the province of the Massachusetts liay, in great and gen-

[1st Sess.] Province Laws. — 1767-G8.

i).")!)

oral court assembled, have chcar fully given and frrantcd unto his most
excellent majesty a tax of one luuulred and tliirty-two thousand one
hundred and forty-two pounds ten sliillin«rs, to l>e levied on polls, and
estates both real and personal, within the province, accordinji^ to suc-h
rules, and in such proportions on the several towns and districts within
this province, as shall be agreed on and oi'dered by the great and gen-
eral court or assembl}- at their session in May, one tlKnisand seven
hundred and sixty-eight, and to be paid into the public treasury on or
before the thirt^-Iirst dav of INIarch, one thousand seven hundicd and
sixty-nine ; and pray that it may be enacted, —

And be it accordingly enacted by the Governor, Council and House
of Representatives,

[Sect. 4.] That there be and herein' is granted unto his most ex-
cellent majesty the sum of one hundred and thirt3-two thousand one
hundred and forty-two pounds ten shillings, to be accordingly levied
on polls, and estates both real and personal, within the province,
according to such rules, and in such pro[)ortions on the several towns
and districts within the province, as shall be agreed on and ordered by
the general court or assembl}' at their session in May, one thousand
seven hundred and sixty-eight, and to be paid into the public treasury
on or before the thirty-first day of March, one thousand seven hundretl
and sixt3'-nine.

And be it further enacted,

[Sect, o.] That if the general court, at their sessions in May, one
thousand seven hundred and sixtv-eight, and some time before the
twentieth day of June in said year, shall not agree and conclude upon
an act apportioning tlie sums which b}' this act are engaged to lie
paid in said year, apportioned, assessed and levied, then and in such
case each town and district within this province shall pay, by a tax to
be levied on the polls, and estates both real and personal, within their
limits, the same proportion of the said sum as the said towns and dis-
tricts were taxed by the general court in the tax act then last preceed-
ing.

[Sect. G.] And the province treasurer is hereby impowered and
directed, some time in the month of June, in the same year, one thou-
sand seven hundred and sixty-eight, to issue and send forth his war-
rants, directed to the assessors or selectmen of each town and district
■within this province, requiring them to assess the polls, and estates
both real and personal, within their several towns and districts, for
their respective parts and proi)ortious of the sums before directed and
engaged to be assessed, to l)e paid into the treasury at or before the
aforementioned time : and the assessors, as also persons assessed, shall
observe, be governed by, and subject to, all such rules and directions as
shall have been given" in the then last preceeding tax act. \_Passed
June 20 ; published June 25.

Tax gmntod for
tlic Hiini biir-
rowcil, l<> be
paid iiitu tlic
tri-MHiirv :Jl«t
Maicli,'l709.

If the court
eliall not appor-
tion tlu- tax in
May, IVOS, lilt-
tax ^llall then
be apportioned
an in the tax act
preceding.

Province trcan-
urir to iititue Ida
warranta
accordingly.

CHAPTER 8.

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF FORTY THOU-
SAND POUNDS; AND ALSO, FOR APPORTIONING AND ASSESSING A
TAX OF THREE THOUSAND AND TWENTY-SIX POUNDS AND FIVE
SHILLINGS, PAID THE REPRESENTATIVES FOR THEIR TRAVEL
SERVICE AND ATTENDANCK IN THK GKNERAL COl'RT IN THE
YE\R ONE THOUSAND SEVEN HUNDUKD AND SIXTY-SIX; AND
ALSO, FOR ASSESSING THE TOWN OF SWANZKY THE SUM OF FIFTY

060 Peovince Laws.— 1707-08. [Chap. 8.]

potjnds, being part of the sum of three hundred pounds
lent said town in the year one thousand seven hundred
and sixty-four; and also, for assessing the town of new-
* bury the sum of seventy-three pounds ten shillings and

tenpence, and the town of newburyport the sum of fifty-
eight pounds fifteen shillings and tenpence, being taxes
arising by means of a defective constable, in the year
one thousand seven hundred and sixty-one ; and also
for assessing the town of chelsea the sum of seventy-
one pounds nineteen shillings and one penny, arising by
means of a defective constable, in the year one thou-
sand seven hundred and forty-nine; and also, for assess-
ing the town of middleborough the sum of sixty-eight
pounds four shillings and eigiitpence, arising by means
of a defective constable, in the year one thousand
seven hundred and sixty-two; and also, for assessing
the district of south iiadley the sum of thirteen pounds
seven shillings and fivepence, paid out of the publick
treasury to a committee sent there by the general
court; and also, for assessing the district of south brim-
field the sum of four pounds four shillings, paid out of
the publick treasury to a committee sent there by the
general court; as also, for assessing great barrington the
sum of three pounds and threepence, paid joseph hawley,
esq., sent there by order of the general court; and also,
for assessing the several towns in the county of hamp-
shire the sum of eleven pounds ten shillings, paid out
of the publick treasury to a committee sent to the town
of westfield; and also, for assessing sundry towns in
the county of worcester the sum of one hundred xvnd six-
ty-seven pounds three shillings and fourpence, abated
upon the town of winchendon; and also, for assessing
upon several towns and districts the sum of thirty-six
pounds nine shillings and elevenpence, paid out of the
publick treasury for the support of french neutrals;
all which sums amount to forty-three thous^vnd five
hundred and eighty-five pounds and fourpence.

Whereas the great and general court or assembly of Ibis jirovince,
iTGG-GT chap. 3, ^^J ^'^ ^^^ niadc and passed at tbeU- sessions in TVIav, one tbonsand
§4. ' ' seven lumdred and sixty-six, on tbe grant of Ibe bouse of representa-

tives, agreed upon and ordered a tax of one biuidred and fifty-seven
tliousand pounds ; and iuher('< is })y the act aforesaid provision is made
tbat tbe general court, at tiieir present session, niigbt a[)portion tbe
same on tbe several towns, districts, parisbes and places witbin tliis
province, if tbey sbould tbink lit; yet inasnuicb as sucb a beavy tax
Avill be extremely burtbensome to tbe inbabitants of lliis province,
under tlieir present distressed circumstances, and as some of tbe pos-
sessors of tlic government securities, for tbe redemption of wbicb tbe
aforesaid sum of one bundred and fifty-seven tbt)usnn(l [ujunds is ap-
plied, arc willing to continue tbeir money, upon loan, [)ayablc at a fur-
tber period, wliicli, witb tbe tax of forty tbonsand pounds now agreed
to be assessed and levied tbis year, will be snilicient to redeem tbe gov-
ernment securities, witb tbe interest tbereon, wbicb will become due in
June, one tbonsand seven bundred and sixty-eigbt ; wbcrefore, for tbe
ordering, directing and etfectnally drawing in tbe sum of forty-tbree
tbonsand five bundred and eigbty-live jiounds and fonr|)ence, and to
tbe end tbat tbe same may be apportioned, assessed and levied in tbe
easiest manner we arc able, for tbe benefit of bis majesty's .subjects,
anil also tbat bis majesty's govennnent witbin tbis i)rovince may bavc
tbe better and more speedy clfcct of saiil grant, Ave, bis majesty's most

[1st Sess.] Province T.AWS.— 17GT-G8. 961

loyal and dutiful subjects, the representatives in general court assem-
bled, pray that it ma}- be enacted, —

And be it accordingly enacted by the Governor, Council and House of
Representatives,

[Sect. 1.] That each town, district, parish or other place within
this province, be assessed and pay, as such town, district, parish and
l)hice's proportion of the sum of forty-three thousaml live hundred and
eighty-five pounds and fourpence, the several sums following ; tliat is
to say, —

962

Province Laws.— 1767-68.

[Chap. 8.]

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[1st Skss.] PimvTXCK T.awr.— 1707-G8.

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964

Peovikce Laws. — 1767-68.

[Chap. 8.]

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Pkovlnce Laws. — 17G7-68.

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966

Peovlnce Laws. — 1707-08.

[Chap. 8.]

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[1st Sess.]

Province Laws. — 1767-68.

961

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Province Laws. — 17G7-68.

[Chap. 8.]

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[1st Sess.]

Province Laws.— 1767-68.

969

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PiiovLSXE Laws.— 1767-68.

[Chap. 8.]

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[1st Sess.]

Province Laws.— 1767-68.

971

Rule* Tor
asBCBsmuDt.

And be it further enacted,

[Sect. 2,] That the treasurer do forthwith send out his warrants, Trcaaurcrto
directed to the selec-tmen or assessors of each town, district, parish or ninTtoOio'"^'
other i>laee within this province, that are taxed, lefniirini; them, rcsuec- »oiccini<n or
tively, to assess the siuu herehv set upon such town, district, parish or
other place, in manner followiii;4 ; that is to say, to assess all rateable
polls above the age of sixteen years, within tiieir respective towns, dis-
tricts, parishes or other places, or next adj()inini>; to them, belonging to
uo other town or place, at the shillings and fouipence, and proportion-
ably in assessing the additional sum paid out of the treasury to the
representatives, for their travel and attendance; aforesaid (excepting the
governor, lieutenant-governor ami their families, the president, fellows,
professors, Hebrew instructor and students of Harvard College, settled
ministers and grammar-school masters, who are hereby exempted as
well from being taxed for their polls, as their estates being in their own
hands, and under their actual management anil improvement ; as also
the estate pertaining to Harvard College) ; and other persons, if such
there be, who, through age, iutirmity or extreme poverty, in the judg-
ment of the assessors, are not al)le to pay towards public charges, they
may exempt their polls or estate, or abate part of what they are set at,
as in their prudence thev shall think fit ami judge meet.

[Sect. 3.] And the justices in their general sessions, in the respec-
tive counties assembled, in granting a county tax or assessment, are
hereby ordered and tlirected to a[)portion the same on the several
towns, districts, parishes and other places in such county, in propor-
tion to the province rate ; and the assessors of each town in the \nov-
ince are also directed, in making an assessment, to govern themselves
by the same rule ; and the incomes of all estates, both real and personal,
lying within the limits of such town, district, parish or other place, or
next unto the same, not paying elsewhere, in whose hands, tenure, occu-
pation or possession the same is or shall be found, and also the incomes
or profits which anv person or persons, except as before excepted, do
or shall receive from any trade, faculty, business or cmi)loyment what-
soever, and all profits which shall or may arise by money, or commis-
sions of profit, in their improvement, at twelvepence per pound ; and to
abate or multiply the same, if need be, so as to make up the sum set
and ordered hereby for each town, district, parish or other place to
pay ; and in making the said assessment, to estimate houses and lands
at six years' yearly rent whereat the same may be reasonably set or
let for "in the place where they lye: saving all agreements iietween
landlord and tenant, and where no agreement is, the landlord to reim-
burse one-half of the tax set upon such houses and lands (new cleare(l
lands for tillage not to be rated until the first crop be taken off) ; and to
estimate negro, Indian and molatto servants proportionably as other
personal estate, according to their sound judgment or discretion ; as
also to estimate every ox of four years old and upwards, at forty shil-
lings; every cow or heifer of three years old and upwards, at thirty
shiTlings ; and every horse and mare of three years old and upwards, at
foitv siiillings ; and every swine of one year old and upwards, at eight
shillings ; goats and sheep of one year old and upwanls, at three;
shillings each ; the several creatures above mentioned to be taxed to
their respective owners or occupants, liy the assessors of the town in
which the owners or occupants dwell : likewise requiring the assessors
to make a fair list of said assessment, setting forth, in distinct columns,
against each particular person's name, how much he or she is assessed
at for polls, and how much for houses and lands, and how much for
personal estate, and income by tiiule or faculty, and if as guardians,
or for any estate, in his or her" improvement, in trust, to be distinctly

972

PROVINCE Laws.— 1767-68.

[Chap. 8.]

Usts to be com-
mit led to con-
Btables or col-
lectors.

Treasurer to
Issue liis war-
rants to consta-
bles or collect-
ors.

Notice to be
Kivcn to the in-
habitants to
bring in a true
list of polls, and
estate in pos-
session, tlie first
day of Septem-
ber.

expressed ; and the list or lists so perfected, and signed bj- them, or
the major part of them, to commit to the collector, or constable or con-
stables of any such town, district, parish or other place, and to return
a ccrtiflcate of the name or names of such collector, constable or con-
stables, with the sum total to each of them committed, unto himself,
some time before the last day of November next.

[Sect. 4.] And the treasurer, for the time being, on receipt of such
certificate, is hereb}- impowered and ordered to issue forth his warrants
to the collector, or constable or constables of such town, district, parish
or place, requiring him or them, respectiveh', to collect the whole of
each respective sum assessed on each particular person, and to paj- in
their collection, and issue their accompts of the whole, at or before the
thirtieth day of March, which will be in the j-ear of our Lord one thou-
sand seven hundred and sixt3'-eight.

And be it further enacted^

[Sect. 5.] That the assessors of each town, district, parish or other
place, respectively, in convenient time before their making of the assess-
ment, shall give seasonable warning to the inhabitants, in a town-
meeting or b}- posting up notifications in some place or places in such
town, district, parish or place, or notify the inhabitants some other way,
to give and bring in to the assessors true and perfect lists of their
polls and rateable estate the}- shall be possessed of on the first day of
September next, and income b}' trade or faculty, and gain hy money at
interest, which the}' are to render to the assessors, on oath, if required ;
and if they refuse to give in an account of the money at interest, on
oath, the assessors are impowered to doom them ; and if any person or
persons shall neglect or refuse so to do, or bring in a false list, it shall
be lawful to and for the assessors to assess such person or persons,
according to their known ability in such town, in their sound judgment
and discretion, their due proportion of this tax, as near as they can,
agreeable to the rules herein given, under the penalty of twenty shil-
lings for each person that shall be convicted by legal proof, in the
judgment of said assessors, in bringing in a false list ; the said fines
to be ibr the use of the poor of such town, district, parish or place
where the delinquent lives, to be levied l)y w^arrant from the assessors,
directed to the collectors or constables, in manner as is directed for
gatliering the town assessments, to be paid into the town, district or
parish treasury, lor the use aforesaid : saving to the party aggrieved at
the judgment of the assessors in setting forth such fine, liberty of appeal
therefrom to the court of general sessions of the peace within tlie
county, for relief as in the case of being overrated. And if any person
or persons shall not bring in a list of their estate as aforesaid to the
assessors, he or they so neglecting shall not be admitted to make appli-
cation to the court of general sessions, for any abatement of the assess-
ment laid on him or them.

[Sect. G.] And if the person be not convicted of any falseness in
the list, by him presented, of the polls, rateable estate, or income h\
trade or laculty, business or employment, whicli he does or shall exer-
cise, or in gain by money at interest or otherwise, or other estate not
particularly assessed, sucli list sliall be a rule for such person's propor-
tion to the tax which tl^e assessors may not exceed.

And forasmuch as, oftentimes, sundry persons, not belonging to this
province, l)ring considerable trade and merchandize into the same, and
by reason that the tax or rate of the town where they came to is finished
and delivered to the constabk* or collectors, and, before the next year's
assessment, are gone out of tlie province, and so pay nothing towards
the support of the government, though, in the time of their residing
hei-e, th(\- reaped coiisideral)le g;tiu by trade, and had the protection of
the government, —

[1st Sess.]

PROVINCE Laws. — 17G7-G8.

!)7:J

Be it therefore enacted,

[Sect. 7.] That when any person or persons shall come and reside
in any town within this province, and brin<i; any nu-rchandize, or trade
to deal therewith, the assessors of such town are herel)y inipowered to
rate and assess all such persons, according to their eireunistanees, pur-
suant to the rules and directions of tiiis act provided, though the former
rate may have been linished, and a new one not perfected, as aforesaid.

And be it further enacted,

[Sect. <S.] That when any merchant, trader or factor, shall set up a
store, and trafDck, or carry on any trade or business, in any town williin
this province, not being an inhabitant of sneli town, the assessors of
such town where such trade and business shall be carried on as afore-
said, be and hereby are impowered to rate and assess all such merchants,
traders and factors, their goods and merchandize, for carrying on such
trade and business and exercising their facult}' in such town, pursuant
to the rules and directions in this act : jyrocided, before any such
assessors shall rate such persons, as aforementioned, the selectmen of
the town where such trade is carried on shall transmit a list of such
persons as the}' shall judge may and ought to be ]"ated, within the intent
of this act, to the assessors of such town or district.

[Sect. 9.] And the constables or collectors are hereby enjoined to
lev}- and coUect all such sums committed to them, and assessed on per-
sons who arc not of this province, or arc residents in other towns than
those where they carry on their trade, and i)ay the same.

And tvhereas it has been the practice of some of the inhabitants of the
town of Boston to remove to some other town in this province, and
there reside for some months, to avoid paying their part of the taxes in
the town of Boston, to which they really belong, to the great injur}-
of the said town, —

Be it therefore enacted,

[Sect. 10.] That when any inhabitant of the town of Boston shall
remove to any other town in this province, and shall, in one year after,
remove back to said Boston, and shall have been taxed in the said town,
shall be subject to pay said taxes, in like manner as he would have been
had he not have removed from said Boston {saviitg so much as he shall
be taxed in tue io«n removed to), anything in this act to the contrary
notwithstanding.

And be it further enacted,

[Sect. 11.] That the inhabitants of the town of Ashby, in the
count}' of Middlesex, shall, the present ^ear, pay province and county
taxes in the several towns from whence it was set off, said town of
Ashby not having certified this court the proportion of taxes they paitl
in the said town the last year ; and the assessors and collectors or
constables of the several towns from whence said town of Ashby was
taken, are hereb}- impowered to assess and collect the same. \_Passed
June 23.

Trnn«U>nt
(riKliTH tu bo
rulc'il.

McrclinnU to be
rated for cnrry-
liiK uii trade in '
any town bc-
nidi'H wlicro
tlicy Uwutl.

Selectmen to
tranHinit a liittof
Bucli porxoni)
before they are
rated.

Inhabitants of
Boston who re-
move out of
town, and re-
turn in a year,
to pay tlieir
ta.xi'H in said
town.

Inhabitants of
Ashby to pay
taxes in tlic
Boveral townH
from wliincc it
was set vS.

CHAPTER 9.

AN ACT FOE REVIVING AND CONTINUING SUNDRY LAWS THAT ARE
EXPIRED, AND NEAR EXPIRING.

"Whereas the several acts hercinafler mentioned, which are now ex- AcureriTed.
pired or near expiring, have been foinid useful and beneficial; viz.,
two acts made in the thirteenth year of the reign of King George the
Second ; one, intitlcd "An Act for the efrectual preventing of horses and ForprerenUng

974

Province Laws.— 1767-68.

[Cmai'. 9.]

horses, &c.,
feeding on
riiiinb Island.
17l!'J-40, cliup. 8.
Dilto, in I'rov--
incetuwn.
1740-41, eb. 15.

For regulating
aseize of cusk.

Ditto, of meas-
uring fjrain.
1742^3, ch. 4.
For preventing
damage to Bil-
linsf*trate Bay.
1742-43, ch. 11.
Preventing law-
suits.

1742-43, ch. 25.
Regulating
townships.
1742-43, ch. 28.
Preventing mis-
cliief by unruly
dugs in Nan-
tucket.

1743-44, ch. 6.
Preventing de-
struction uf
wliite-pine trees.
1743-44, th. 14.
Pre vent nig dam-
age to Cape Cod
liarbor.
1744-45, ch. 27.
Ditto, Nosset
Meadow.
1746-47, ch. 27.
Providing for
ministers in new
plantations.
1750-51, ch. 21.
Hegulaling
fences.

175U-51, ch. 22.
Empowering
proprietors of a
meeting-house
in Halcm.
1753-54, ch. 14.
Securing the
growth of wood
nt Ipswich and
Wenliam.
1754-55, ch. 21.
Preventing dam-
age to the
beaches, &c., at
Bcituate.
1755-.'i6, eh. 9.
Regulating judi-
cial proceedings,
1756-57, ch. 28.
Preventing dain-
age on Barnsta-
ble Meadows,
&c.

1757-58, ch. 6.
Hegulaling
Indianei.
1758-59, ch. 6.
Prevenllngfraud
In cord-wood.
1758-59, ch. 16.

Regulating
fences.

1758-59, ch. 33.
Preventing (him-
iige at Monu-
ment I'uiids.
1759-60, ch. 38.

Preventing thn
uleailng of sheep
nl Manila's
Vineyard.
1700-01, cU. 36.

neat cattle, sheep and swine, from running at large or feeding upon a
certain island called Plumb Island, lying in Ipswich Ba}-, in the county
of Essex ; " the other, intitled '-An Act to prevent damage being done
to the harbour of Cape Cod, by cattle and horse-kind feeding on Prov-
incetown lands ; " four acts made the sixteenth 3-ear of the said reign ;
one, intitled "An Act in addition to and for rendering more effectual
an act for the regulating the assize of cask, and preventing deceit in
packing of fish, beef and pork, for sale, made in the fourth year of the
reign of King William and Queen Marv, and also for preventing fraud
and injustice in the measuring of grain ; " another act, intitled •vVn
Act to prevent damage being done unto Billingsgate Bay, in the town
of Eastham, i)v cattle and horse-kind and sheep feeding on the l)each and
island adjoining thereto ; " another act, intitled "An Act to prevent the
multiphcity of lawsuits ; " another act, intitled "An Act in further ad-
dition to and explanation of an act, intitled 'An Act for regulating-
townships, choice of town officers, &c. ; ' " two acts made in the seven-
teenth year of the same reign ; one act, intitled "An Act for preventing
mischief b}' unrul}- dogs in the island of Nantucket ; " the other act, in-
titled "An Act for preventing the destruction of white-pine trees within
this province, and for encouraging the preservation of them for the use
of the ro3'al navy;" an act made in the eighteenth year of the same
reign, intitled "An Act in addition to the act for preventing damage to
the harbour of Cape Cod, by cattle and horse-kind feediug on Province-
town land ; an act made in tlic twentieth year of the said reign, intitled
"An Act to prevent damage being done unto Nosset Meadow bv cattle
and horse-kind feeding on the beach adjoining thereto ; " two acts made
in the twent3'-fourth j'car of the said reign ; one act, intitled "An Act
[providing for the support of ministers in new plantations ; " the other
act, intitled "An Act in addition to 'An Act for regulating fences, cattle,
&c. ; ' " an act made in the twenty-seventh year of the same reign, in-
titled "An Act to impower the proprietors of the meeting-house in the
first parish in Salem, where the Rev'd IMr. Dudley Leavitt now officiates,
to raise money to defrey ministerial and other necessary charges ; " two
acts made in the twenty-eighth 3'ear of the same reign ; one, intitled "An
Act for the securing the growth and increase of a certain parcel of wood
and timber in the townships of Ipswich and Wenham, in the countv
of Essex ; " anotlicr act, intitled "An Act to prevent damage being done
on the beaches, hummocks and meadows belonging to the town of
Scituate, lying between the southerl3- end of the Third cliff, so called,
and the mouth of the North River;" two acts made in the thirtieth
year of the said reign ; one act, intitled "An Act for further regulating
the course of judicial proceedings ; " the other act, intitled "An Act to
prevent damage bring done on the meadows and beaches lying in the
township of Barnstable, on the south side of tlie harbour, contiguous to
the common field in said town ; " an act made in the thirty-first year of
the said I'eigii, intitled "An Act in addition to the several acts for the
better regulating the Indians ;" two acts made in the thirty-second
year of the same reign ; one act, intitled "An Act in addition to an act
intitled 'An Act to prevent fraud in cord-wood exposed to sale ; * " the
other act, intitled "An Act in adtlitiou to an act, intitled 'An Act for
regulating of fences, cattle, &c. ; ' " one act made in the thirtv-third
year of the said reign, intitled "An Act to prevent damage on a beach
at Monument Ponds, in the township of Plymoutli, lying between the
lands of the lale Thomas Clarke and .Iose[)h Bartlet, deceased, and on
a certain tract of marsiiy giound l\iiig under water there ; " one act
made in the first year of his present inajestN's reign, intitled "An Act
for preventing the stealing and clandestinely conveying sheep awav
from the island of Martha's Vineyard in Duke's County ; " two acts

[1st Sess.] Pkovince Laws.— 17(37-G8. 975

mndo in the fourth year of the said reign ; one act, intitled "An Act to Empowcrintr tho
impower ihe proprietors of the mei'tiiig-hoiise in the town of Newbury- !ml!ii'^il«.VK*i"u''
port, where the KevM Mr. Jonathan Parsons ollloiates, to raise uionev iriNtwburjport.

1 ^ f ••.•! 1.1 1 i>,i 1 ..' litH-Oo, ch. 7.

to deirey luinistenal and other necessary charges; tiie ollii-r act, in-
titled "An Act in addition to an act. intitk'd 'An Act to prevent the ivv.niing de-
unnecessary destruction of alewives in tlie town of Middleltorongh,' " — at'^Mi j X-'^ *^*'''

Be it therefore enacted b>f the Governor, Council and House of b.. rough.
T> t f i7tu-«o, ch. 10.

Representatives,

That such of the beforemcntioned acts as arc exijfred, be revived, and
such of said acts as arc not yet expired, be continued, with all and every
clause, matter and thing therein res|)ectively contained, and shall be in
force until the twentieth day of July, one thousand seven hundred and
seventj'-two, and no longer. [^Passed June 24 ; published June 2.0.

CHAPTER 10.

AN ACT TO PREVENT FRAUDS BY THE ADULTERATION OF POTASH

AND PEARLASH.

Whereas the manufacture of potash and pearlash is of great ini- preamble,
portance to this government, and as there are great comijlaints of gross I'^e-e:, chap. 8.
adulterations in said manufacture, which, if not prevented, may not
only be of great disadvantage to the province in general, but to honest
and industrious individuals, and wholly destroy that valuable branch of
manufacture, —

Be it enacted by the Governor, Cotmcil and House of Representa-
tives,

[Sect. 1.] That every manufacturer or original owner of any pot- Ciiskstobe
ash or pearlash made for sale, shall, upon each cask or vessel, in *"'""J«^«i-
which such potash or pearlash shall be packed, cause the same to be
Ijranded with the first letter of his Christian name, and with his sirname
at length, as also the name of the town or district in wliich such pot-
ash or licarlash was made ; and every person offering to sell any potasii
or pearlash. the cask or vessel in which the same is contained not
being branded, as aforesaid, shall forfeit and pay the sum of five
pounds.

And be it further enacted,

[Sect. 2.] That any person who shall adulterate any ix)tash or Penalty on mix-
pearlash, by mixing the same with any lime, marine salt, or any otiier J/Jfu^l" '"^""'"■"
matter foreign to the nature of those commodities, or l»y any other way
or manner whatsoever, and afterwards offer the same to sale, shall for-
feit and pay a sum not exceeding thirty pounds nor less than five
pounds, according to the nature of the offence, for each ton thereof,
and so, in proportion, for any greater or smaller quantity of potash or
pearlash.

And be it further enacted,

[Sect. 3.] That in cases where a strong suspicion of adulteration jii«ic<>. upon
arises, in either potash or pearlash. if any credible person shall make j;.q"C'".'curiiy
complaint to a justice of the i)eace. in the county where such i>otash or ^f„'{'^' ;";;;;74';;i;:-
peailash shall be offered to sale, it shall be in the power of sudi justice. &c.
first taking sufficient security of the person so complaining, to respond,
and pay the jjcrson or persons, whose potash or pearlasli shall l)e so
suspected and complained of. all his or their reasonable charge and
expence and the damage that shall arise by n-ason of the said com-
plaint, or for not prosecuting the s.-uiie. provided tiic i)Ota.sh or iKjarl-

976

Province Laws.— 1767-68. [Chap. 11.]

Justice to issue
liJH warrant to
take out a suf-
ficient quantity
to roalie trial.

Penalty on re-
ceiving aboard,
any casks not
branded.

Forfeitures ap-
plied.

Continuation of
tlie act.

ash, supposed to be adulterated, appear, upou trial, to be good ; and he
is hereby eujoiued to make out a warrant, directed to the slitriff, his
uudersheriff or deputy, or either of the constables of the town, requir-
ing them, or either of them, to seize, and take into their custody, so
much of the contents of an3- and every cask of potasli or pearlash, not
exceeding the quantity of two pounds, out of each suspected cask, as
may be necessary in order to the conviction of aii}* offender against this
act.

And he it further enacted,

[Sect. 4.] That the master or owner of an}- ship or vessel, who
shall receive on board the same any potash or pearlash, tlie cask con-
taining the same not being branded as aforesaid, shall forfeit and pa}'
tlie sum of five pounds.

And be it farther enacted,

[Sect. 5.] That all fines and forfeitures arising by the breach of
this act, shall be applied, one moiety thereof to and for the use of this
government, and the other moiety to and for the use of the prosecutor ;
to be recovered by action, bill, plaint or information, in any of his
majest3''s courts of record.

[Sect. 6.] This act to be in force from the twentieth day of Jul}'
next, until the twentieth day of July, Anno Domini one thousand seven
hundred and sixty-eight. '[Passed and published June 25.

Preamble.

Act for repru-
latliiicthetniliii
tnulc, revived.
17G4-05, chap.
30.

CHAPTER 11.

AN ACT TO REVIVE AND CONTINUE AN ACT MADE IN THE FIFTH
YEAR OF HIS PRESENT MAJESTY'S REIGN, INTITLED " AN ACT
FOR ALLOWING NECESSARY SUPPLYS TO THE EASTERN INDIANS,
AND FOR REGULATING TRADE WITH THEM, AND PREVENTING
ABUSES THEREIN," WHICH IS NEAR EXPIRING.

Whereas the aforementioned act is found, by experience, very bene-
ficial for regulating the trade with the Eastern Indians, —

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

That an act, intituled " An Act for allowing necessary supplys to the
Eastern Indians, and for regulating trade witii them and for preventing
abuses therein," made in the fifth year of his present majesty's reign,
in all and every article and clause, matter and thing, be and hereby is
revived, and sliall be in force until the thirtieth day of June, which will
be in the year of our Lord one thousand seven hundred and sixty-eight.
\_Passed and published June 25.

[2d Sess.]

Provinoe Laws.— 1767-68.

i)ll

ACTS

Passed at the Session begun and held at Boston,
ON THE Thirtieth day of December, A.D. 1767.

CHAPTEE 12.

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

"We, his majesty's most dutiful and lo^-al sulijocts, the roprcsontativos
of the proviuce of the Massaohuset[t]s Bay, in New Enghxnd, being
desirous of lessening the publick debts, have chearfully and unanimoush-
given and granted, and do give and grant, to his most excellent majesty,
for the service of this province, as they shall hereafter apply it, the
several duties of impost ui)on all liquors, wares, goods and merchandize
that shall be imported inio this proviuce, and tunnage of shipping
hereafter mentioned ; and pray that it may be enacted, —

And be it accordingly enacted by the Governor^ Council and House of
Representatives,

[Sect. 1.] That from and after the twenty-fourth day of March, one
thousand seven hundred and sixty-eiglit, to the twenty-fifth day of
March, one thousand seven hundred and sixty-nine, there shall be paid
by the importers of all wine[.s]. rum and other liquors, goods, wares
and merchandize that shall be imported into this province by an}'
of the inhabitants thereof (except what is by this act hereafter ex-
empted), the several duties of impost following; vizi^''., —

For ever}- pipe of wine of ever}' sort, five shillings.

For every hogshead of rum containing one hundred gallons, eight
shillings.

For every hogshead of tobacco, ten shillings.

And for all other commodities, goods or merchandize not mentioned
or not excepted, fourpencc for every twenty shillings' value, excepting
such goods and merchandize the i)roduce of Great IWitain, an<l al»u
foreign goods and merchandize, imi)orted from Great Britain, either
directly, or through the channel of any of his majesty's colonies :
provided such foreign goods and merchandize have paid the iluties
required by act of parliament.

[.Sect. 2.] And for any of the liquors, goods, wares and merchan-
dize that .shall be imported in this province by any of the inhabit-
ants of the other provinces or colonies on this continent, or of the
English West-India Islands, in any ship or vessel to them Itelonging,
on the proper account of any of the said inhabitants of said provinces,
colonies or islands, there shall be paid l)y the importers the several
duties of impost following; viz'"'., —

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

For every hogshead of rum containing one hundred gallons, sixteen
shillinirs.

Prc.imblc.

Impost to be
iiiiid from •J4th
M.iicli, 1TG8, to
'iitli March,
1769.

Rates of Impost.

Impost for
gooilx, mi-rclian-
disf, &c. :

— for liquorn,

({immIk, .Vc, tK'-

loiiuliiK to In-
ImbilaiitH of
olbur provinces.

978

Province Laws.— 1767-68. [Chap. 12.]

Proviso.

Masters of ves-
sels to make
report within
forty -eight
hours after ar-
rival, and Ueliv-
cr a manifest to
the commis-
siuuer.

To forfeit, in
case of breaking
bulk.

Invoice to bo
produced.

Oath.

PntlcB to bo

fluid before
andlng.

For every hogshead of sugar[s], eightpenee.

For every hogshead of molasses, eightpenee.

For every hogshead of tobacco, twenty shiUings.

And for all other commodities, goods and merchandize not men-
tioned or not excepted, eightpenee for ever}' twenty sliillings' value :
provided, always, that every thing which is the growth or produce of
the provinces or colonies aforesaid (tobacco excepted) , and all provis-
ions, salt, cotton-wool, bar and pig iron, maliog[a] [r^]ny, brazilletto,
black-walnut, lignum-vit[ee][(e], red-cedar, logwood, hemp, raw skins
and hides, and also all prize goods brought into and condemned in this
province, are and shall be exempted from every the rates and duties
afoi'esaid.

And he it further enacted,

[Sect. 3.] That the master of ever}- ship or vessel coming into this
province from any other place, shall, within forty-eight hours after his
arrival in an}- port or harbour, and before Indk is broken, make report
and deliver a manifest, in writing, under his hand, to the cpmmissioner
of impost that is or shall be appointed by this province, of the contents
or loading of such ship or vessel, therein particularity expressing the
species, kind and quantit[y][/e8] of all wines, liquors, goods, wares
and merchandize imported in any such ship or vessel, with the marks
and numbers thereof, and to whom the same are consigned ; and make
oath before the commissioner that the same manifest contains a just
and true account of all the lading taken on board and imported in such
ship or vessel, so far as he knows or believes ; and that, if he knows of
an}' more wines, liquors, goods, wares or merchandize laden on board
such ship or vessel, and imported therein, he shall forthwith make
report thereof to the commissioner aforesaid, and cause the same to be
added to his manifest.

And he it further enacted,

[Sect. 4.] That if the master of any ship or vessel shall break bulk,
or suffer any of the wines, liquors, goods, wares and merchandize im-
ported in such ship or vessel to be unladen before report and entry
thereof be made as aforesaid, he shall forfeit the sum of one hundreil
pounds.

And he it further enacted,

[Sect. 5.] That all merchants and other persons, being owners of
any wines, liquors, goods, wares or merc-handize imi)orted into this
province, for which any of the rates or duties aforesaid are payable, or
having the same consigned to tliem, shall make entry tliereof with the
commissioner aforesaid, and produce an invoice of all such gooils as pay
ad valorem, and make oath before him in the form following ; viz''^., —

You, A. B., do swear that the entry of jroods and morchandizo, by you made,
antl tlie value thereof annexed, is, />o/i(2 _//V/f, acconlinu^ to your best skill and
judgment, ayre[e]able to the price current or the, market price of the said
goods. So help you God.

— which oath the commissioner or receiver, ai^pointed in consequence
of this act, is hereby [e] [/]inp(jwered and directed to adunuisti'r ; and
the owners aforesaid sliall pay tiie said eonnnissioiier, or give security
to pa}', the duty of imi)Ost l\y this act required, before such wines,
liquors, goods, wares or miMchandize be landed or taken out of the
vessel in which the same shall be imported.

[Sect. C] And no wines, liquors, goods, wares or merchandize
that by this act are liable to pay impost or ihity, shall be landed on any
wharf, or in any warehouse or other place, but in the day-time only,
unless in the presence or with the consent of the connnissioner or
receiver, on pain of forfeiting all such wines, liquors, goods, wares and

[•2d Sess.] Province Laws.— 1767-GS. 979

inoicliandize, and the lighter, boat or vessel out of which the same shall
be landed or put into any warehouse or other place.

[Sect, 7.] And if any person or persons sliall not have and pro-
duce an invoice of the quantities of nun or other liquors to iiini or theui
consigned, then the cask wherein the same are, sliall be gauged at the
charge of the importer, that the contents thereof may l)e known.

Provided, nevertheless, —

[Sect. 8.] That the said connnissioner shall be and hereby is Corami«»ionpr
allowed to give credit to such person or persons whose duty <jf im|)Ost in """j^j*^'"** '^'^''^
one vessel shall exceed six i)ounds ; which credit shall be so limited as
tuat he shall settle and balhiuce his acconipts witii every p('rson, on or
before the twenty-tiflh day of ]March, one thousand seven hundred and
sixtN'-nine, that the said accompts may be produced to tiiis court as soon
as ma}- be after; and for all entries where the impost to I)e paid doth
not exceed three shillings, the said commissioner shall not demand any-
thing, and not more than sixpence for any other single entry, to what
value soever.

And be it further enacted,

[Sect. !).] That the importer of all wines, liquors, goods, wares importorby
and merchandize, from and after the twenty-lifth day of ]March. one ln'»\n'i;!l''"vc.HTcr/
thousand seven hundred and sixty-eight, and until the twenty-llfth da}- to make report.'
of ]March. one thousand seven hundred and sixty-nine, l)y land-carriage,
or in small vessels or boats, shall, within twenty-four hours after impor-
tation, make report and deliver a manifest thereof to the commissioner
aforesaid or his deputy, therein particularly expressing the species, kind
and quantity of all such wines, liquors, goods; wares and merchandize
so imported, with the marks and numbers thereof, when, how and by
whom brought ; and shall make oath, before the said commissioner or his
deputy, to the truth of such report and manifest, and shall also pay or
secure to be paid the several duties aforesaid by this act charged and
chargeable upon such wines, liquors, goods, wares and merchandize,
before the same are landed, housed, or put into any store or place what-
soever, under the penalty often pounds.

And he it further enacted,

[Sect. 10.] That every merchant or other person importing any Allowance for
wines into this province, shall be allowed twelve per cent for ordinary •™i"»8^-
leakage, besides extraordinary : iirovided such wines shall not have
been tilled up on board ; and that every hogsheatl, butt or pipe of wine
that hath two-thirds thereof leaked out. shall be accounted for outs, and
the merchant or importer shall pay no duty for the same. And no
master of any ship or vessel[s] shall suffer any wines to be filled up on
board without giving a certificate of the quantity so filled up, under his
hand, before the landing thereof, to the commissioner or receiver of
impost for that port, on pain of forfeiting the sum of one hundred
pounds.

[Sect. 11.] And if it may be made to appear that any wines im-
ported in any ship or vessel be decayed at the time of unloading
thereof, or in twenty days afterwards, oath being made l)efore the com-
missioner or receiver that the same hath not been landed al)ove that
time, the duties and impost paid for such wines shall be repaid unto the
importer thereof.

And be it further enacted,

[Sect. 12.] That the master of every ship or vessel importing any M.i"ierr»iiowr.i
liquors, wines, goods, wares or merchandize, shall be liable to pay the n^,'''!nuIIvTor''
impost for snch and so much thereof, contained in his manifest, as shall tiwdutynoi
not be duly entered, and the duty paid for the same by the person or '' ' "
persons to whom such wines, liquors, goods, wares or merchandize
are or shall be consigned. And it shall and may be lawful, for the mas-

980

Pkovince Laws.— 1767-68. [Chap. 12.]

Master liable to
be sued.

Ship, &c., liable
to be talicn in
execution.

Nnviil ofBccr
not to cleur
VenHelB till Ira-
poHl be paid.

ter of eveiy ship or other vessel, to secure and detain in his hands, at
the owner's risque, all such wines, liquors, goods, wares and merchan-
dize imported in an}- ship or vessel, until he receives a certificate, from
the commissioner or receiver of impost, that the dut}' for the same is
paid, and until he be repaid his necessary charges in securing the same ;
or such master ma}' deliver such wines, liquors, goods, wares and mer-
chandize as are not entered, unto the commissioner or receiver of im-
post in such port, or his order, who is hereby [e][?]mpowered and
directed to receive and keep the same, at the owner's risque, until the
imi)ost thereof, with the charges, be paid or secured to be paid ; and
then to deliver such wines, liquors, goods, wares or merchandize as
such master shall direct.

A7id be it further enacted,

[Sect. 13.] That the commissioner or receiver of impost, in each
port, shall be and hereby is [e][t]rapowered to sue the master of any
ship or vessel for the impost or duty of so much of the lading of any
wines, liquors, goods, wares or merchandize imported therein, accord-
ing to the manifest to be by him given upon oath, aforesaid, as shall
remain not entered and the duty of impost therefor not paid or secured
to be paid. And where any goods, wares or merchandize are such
that the value thereof is not known, whereby the impost to be recovered
of the master, for the same, cannot be ascertained, the owner or person
to whom such goods, wares or merchandize are or shall be consigned,
shall be summoned to appear as an evidence at the court where such suit
for the impost and the duty thereof shall be brought, and be there re-
quired to make oath to the value of such goods, wares or merchandize.

And he it further enacted,

[Sect. 14.] That the ship or vessel, with her tackle, apparel and
furniture, tlie master of which shall make default in anything by this
act required to be performed by him, sluxll be liable to answer and make
good the sum or sums forfeited by such master, according to this act,
for any such default, as also to make good the impost or duty for all
wines, liquors, goods, wares and merchandize not entered as aforesaid,
or for which the duty of impost has not been paid ; and upon judg-
ment recovered against such master, the said ship or vessel, with so
much of the tackle or appurtenances thereof as shall be suUicient to
satisfy the said judgment, may be taken by execution for the same ;
and the commissioner or receiver of the impost is hereby [e][/]mpow-
ered to make seizure of the said shii) or vessel, and detain the same
under seizure until judgment be given in any suit to be commenced and
prosecuted for any of the said forfeitures, or for the duty aforestud ; to
the intent, that if judgment be rendered for the prosecutor or informer,
such ship or vessel and a[)purtenances maybe exposed to sale, for satis-
faction thereof, as is before provided : sinless the owners, or some on
their belialf, tor the releasing of such ship or vessel from under seizure
or restraint, shall give sutlicient security to the counnissioner or receiver
of im[)Ost tliat seized the same, to res[)ond or satisfy tiie sum or value
of th(! forfeitures and duties, with the charges, that shall be recovered
against the master thereof, upon such suit to be brought for the same,
as aforesaid ; and the master occasioning such loss or damage unto the
owner[.s'], througli his default or neglect, shall bo liable unto their action
for the same.

And be it further enacted,

[Sect. 15.] That the naval ofDcer within any of the ports of this
province shall not clear or give jiasses to any master of any ship or
vessel, outward bound, until lie siiall I)e certified, by the eonunissionrr or
receiver of impost, that the duty and impost lor the goods last imported
in such slii[) or vessel arr paid or secured to bo [jaid.

[2d Sess.]

PiiovLNUK Laws. — 17G7-G8.

981

[Sect. 16.] And tlic cominissionor or re{'[iM][/Vjv('r of impost is
hereby [e][/]ni power [^'](1 to allow bills of store to tlic master of aiiy
ship or vessel importing any wines or li(juors, for stieli private a<lventnre8
as shall belong to the master or seamen of sueh ship or vessel, at the
discretion of the commissioner or receiver, not exceeding three per cent
of the lading; and the dnties payal)le l»y this act, for sncii wines or
liquors, in such bills of stores mentioneil and expressed, shall l)e aliated.

And for the more effectual preventing wines, rum or other distilled
spirits being brought into this province from the neighbouring govern-
zncnts, by land, or in small boats or vessels, or any other way. and also
to prevent wines, rum or other distilled si)irits l)eing first sent out of
this province, and afterwards brought into the govcrmnent again, to
defraud the government of the duties of impost, —

Be it enacted,

[Sect. 17.] That the commissioner aiid receiver of the aforesaid
duties of impost shall, and he is hereby [e][/]mpower[e]d and enjoined
to, appoint one or more suitable person or jjersons as his deputy or
deputies, in all such places of this produce where it is likely that wine,
rum or other distilled spirits will be brought out of other goverinnents
into this ; which officers shall have power to seize the same, unless the
owner shall make it appear that the duty of impost has been paid there-
for since their being brought into or relanded in[^o] this government;
and such officer or officers are [e][/]mpower[e]d also to search, in all
suspected places, for such wines, rum or other distilled spirits, brought
or relanded in this government, where the dutj' is not paid as aforesaid,
and to seize or secure the same for the ends and uses as in this act is
hereafter provided.

And he it further enacted,

[Sect. 18.] That the commissioner or his deputies shall have
power to administer the several oaths aforesaid, and search in all sus-
pected places for all such wines, rum, liquors, goods, wares and mer-
chandize as are brought into this province, and landed contrary to the
true intent and meaning of this act, and to seize the same for the uses
hereinafter mentioned.

And be it further enacted^

[Sect. 19.] That there shall be paid, by the master of every ship
or other A-essel, coming into any port or ports of this province, to trade
or traffic[A], whereof all the owners are not belonging to this province
(excepting such vessels as belong to Great Britain, the provinces or
colonies of Pennsylvania, West and East Jersey, Connecticut, New
York, Xew Hampshire, Rhode Island \_and'] Nova Scotia), every voyage
such ship or vessel doth make, one pound of good pistol-powdi-r for
ever}- ton such ship or vessel is in burthen : saving for that part which
is owned in Great Britain, this province, or any of the govermnents
aforesaid, which are herel)y exempted ; to be paid unto the commissioner
or receiver of the duties of impost, and to be eraplo3-ed for the ends
and uses aforesaid.

[Sect. 20.] And the said commissioner is hereby [e]fi]raix)weretl
to appoint a meet and suitable person, to repair unto and on board any
ship or vessel, to take the exact measure and l[o][M]unage thereof, in
case he shall suspect the register of such ship or vessel doth not express
ami set forth the full l)urthen of the same ; the charge thereof to be paid
by the owner or master of said ship or vessel, before she shall be
cleared, in case she appear to be of greater burthen : otherwise, to be
paid by the commissioner out of the money received by him for imi)ost,
and shall be allowed him, accordingly, by the treasurer in iiis ac-
compts. And the naval officer siiall not dear any vessel, until he be cer-
tified, also, by the commissioner, that the duty of t[o][»<]unage for the

Billri of 8toru to
bu iilluwcd.

Preamble.

ConiiniHslonor
to a|i|><)liit (lop.
uticH ill |il.icc'!4
whero winew,
rum, Sic, mny
be brutii;iil out
of other govt-m-
mcnts.

CommiAsioncr
or deputy em-
powered to
administer tlio
oathH, and to
seurclioiidBciza

Tonnage of
shipping.

Venae Is to bo
nicasurt>d, if
suipected.

982

Province Laws. — 1707-G8.

[Chap. 12.]

Drawback for
■wine, rum, and
tea allowed, in
case.

Proviso.

Appointment
and duty of the
commissioner.

same is paid, or that it is sucli a vessel for wliich none is pa3'able
according to tliis act.

And he it further enacted,

[Sect. 21.] That when and so often as anj- wine or rum imported
into this province, the aforesaid duty of impost upon which shall have
been paid agreeable to this act, shall l)e reshipped and exported from
this government to any other part of the world, that then and in every
such case, the exporter of such wines or rum shall make oath, at the
time of the shipping, before the receiver of impost, or his dcput}', that
the whole of the wine or rum so shipped has, bond fide, had the dut}- of
impost aforesaid paid on the same, and shall afterwards produce a cer-
tificate, from some officer of the customs, that the same has been landed
out of this government, — or the master of the vessel in which the same
shall be exported shall make oath, before the commissioner or his dep-
ut}-, that the same has been landed and left in some port out of the
government, and the exporter, upon producing sucli certificate, or upon
such oath of the master, make oath that he verily believes no part of
said wines or rum has been relanded in tliis province, — such exporter
shall be allowed a drawback from the receiver of impost as follows ;
viz".,—

For every pipe of wine, four shillings.

For every hogshead of rum, seven shillings.

Provided, always, —

[Sect. 22.] That if, after the shipping of such wines or rum, to be
exported as aforesaid, and giving securit}' as aforesaid, in order to
obtain the drawback aforesaid, the wines or rum so shipped to be
exported, or any part thereof, shall be relanded in this province, or
brought into the same from any other province or colony, that then all
such wine, rum, so relanded and brought again into this province, sliall
be forfeited, and may be seized bj- the commissioner aforesaid, or his
deputy.

And be it furtlter enacted,

[Sect. 2.'J.] That there be one fit person, and no more, nominated
and ai)pointed by this court, as a commissioner and receiver of the
aforesaid duties of impost and t[o] [?<]nnage of shipping, and for
the ins[)ection, care and management of the said office, and whatever
relates thereunto, to receive commission from the governor or com-
mander-in-chief for the time being, with autliority to substitute and
appoint a de[)uty-receiver in each port, or otlier places besides that in
which he resides, and to grant warrants to such deputy-receivers for
the said place, and to collect and receive the impost and t[o][«]nnage
of shipping, as aforesaid, that shall become due within such port, and
to render the account thereof, and to pay in the same, to the said com-
missioner and receiver : which said ct)mniissioner and receiver shall
keep fair books of all entries and duties arising by virtue of this act;
also, a particular account of every vessel, so that the duties of impost
and t[o][?f]nnage arising on said vessel may ai)pear ; and the same to
be open, at all seasonable titnes, to the view and perusal of the treas-
urer or receiver-general of this province (or any other person or per-
sons whom this court shall appoint), with whom he shall account for all
collections and payments, and pay all sucli monies as shall be in his
hands, as the treasurer or receiver-general shall demand it. And the
said commissioner or receiver, and his deputy or deputies, before their
entering into execution of their office aforesaid, shall be sworn to deal
truly and faithfully therein, and shall attend in said office from ten of
the clock in the Ibrenoon, until one of the clock in the atlernoon.

[Sect. 2-1.] And the said commissioner or receiver, for his labour,
care and ex[)cnccs in the said office, shall have and receive, out of the

[2d Sess.]

Tkovii^ce Laws. — 1707-68.

1)83

province treasury, at the rate of sixty pounds per annum ; and his
deputy or deputies shall receive I'ur their siTviec[N] sueli sinns as the
commissioner of impost, together with the province treasurer, shall
judge necessary for whatever sums they shall receive and pay ; and
the treasurer is hereby ordered, in i)as.sing and receiving the said com-
missioner's accounts, accordingly, to allow the payment of such salary
or salaries, as aforesaid, to himself and his deputies.

And be it further eiKa-tcd,

[Sect. 2.").] That all penalties, fines and forfeitures, accruing or Dicposiuon of
arising in consequence of any l)reach of this act, shall he one half t<j '""'■'^■'i"'"<-"»'
his majesty for the use of this province, and the other half to him or
them that shall seize, inform and sue for the same, hy action of del it,
presentment or indictment of the grand jury, in any of his majesty's
courts of record, wherein no essoign, protection or wager of law shall
be allowed : the whole charge of [the'] prosecution to be taken out of
the half belonging to the inlbrmer.

And be it farther enacted,

[Sect. 2G.] That from and after the commencement of tliis act, in cimiiu'cs of pros-
all causes wherein any claimant shall appear, and shall not make good bc'^pai'i'jn^ale.
the claim, the chaiges of prosecution shall be borne and paid b}* the
said claimer, and not by the informer. [Passed Febi'uary 26 ; pub-
lished March 0, 17G8.

CHAPTEK 13.

AN ACT TO PREVENT DAMAGE BEING DONE ON BOUND-BROOK ISL-
AND AND GRIFFITH'S ISLANDS, WITHIN THE DISTRICT OF WEL[L]-
FLEET, BY CATTLE, HORSE-KIND AND SHEEP.

Whereas man}' persons frequently drive numbers of neat cattle, Preamble,
horse-kind and sheep, to feed upon the beaches and shores on the said
islands of Bound Brook and Griffith's Islands, so called, lying in tiie
district of Wel[^]fleet, whereby the ground is much broken and damni-
fied, and the sands blown on said islands and meadows adjoining, to
the great damage, not only of the jnoprietors of the said islands in
their property, but also to the said district in general, as it will greatly
endanger a great and valuable tract of salt marsh belonging to the
inhabitants of said district ; as also, in process of time, fill up the Her-
ring River, and destroy the navigation thereof, —

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

fSECT. l."l That, from and after the twentv-fifth day of March Xopcr»onto

L J ' • . i.i I turn out caltlc,

next, no person or persons shall presume to turn any neat cattle, horse- &c., ontiie
kind or sheep, on any of the said beaches, meadows or shores of {,"^","0? '.\p°rn lo
Bound-Brook and GrilHth's Islands, lying in the district of Wel[/]Heet, ia«tof Xovom.
or on the meadows, banks and beaches, from Truro line to the \\ov\.\\- *"••■■• ><^»'''y-
ward, extending, southward, to Great Island, and, to the westward, to
the fence the said proprietors of said islands have set up, at their own
cost and expence, to the bars near the dwelling-house of Barnabas
Young ; and so, northerly and easterly, to a mud-cove near the dwell-
ing house of Moses Wiley, — at any time between the first day of .\i)ril,
and the last day of November, yearly, dining the continuance of this
act; on penalty of paying, for each offence, five shillings a head for Penalty:
cattle, — and for every horse-kind of one year old [or] [(tnd] upwards,
and for each sheep, one shilling a head,— "thai shall be found feeding on

984

Pp.ovince Laws. — 1767-68.

[CiiAr. 14.]

— how to be
applied.

Cattle found at
large may be
impounded.

Dan. %ge« and
cosU of im-
pounding, to be
paid, or crea-
lures may be
eold.

Overplus mon-
ey, how to be
paid or distrib-
uted.

A pound to be
eroded, and
haywarda
chosen.

Continuance of
the act.

said beaches, meadows or shores, within the hmits aforesaid ; M-hich
penalty shall be recovered b3- the selectmen or treasurer of said district
of Wei [/] fleet, or an}' other person that shall inform or sue for the
same : the one half of said forfeiture to him or them that shall inform
and sue for the same, the other half to be to and for the use of the
poor of said Wei [/] fleet.

And be it farther enacted,

[Sect. 2.] That it shall be lawful for an}' owner or proprietor of
the said meadows or beaches, or any other person, finding any cattle or
horse-kind feeding or going at large upon the meadows or beaches
aforesaid, or any of them, to impound the same, giving public notice
thereof in the district of Wei [/] fleet, and in the two next adjoining
towns ; and shall relieve said creatures, while impounded, with suitable
meat and water : and the owner thereof appearing, shall pay to the im-
pounder two shillings and sixpence damages for each head of neat
cattle or horse-kind, and fourpence for each sheep, so impounded, and
costs of impounding them ; and if the owner do not appear within the
space of six days, and pay the damage and cost occasioned by im-
pounding such cattle, horse-kind or s'lccp, shall cause them to be sold
at pubHc vendue, for piving such damages and costs arising by such
sale : public notice of tDe time and place of such sale, being given
forty-eiglit hours beforehand ; and the overplus, if an}' tliere be, to be
returned to the owner of such cattle or horse-kind, on demand, at any
time within twelve months next after the sale ; and if no owner shall
appear within the said twelve months, then one moiety of the overplus
shall be to the party impounding, and the other moiety thereof to the
use of the poor of the district of Wel[Z]fleet.

Be it further enacted,

[Sect. 3.] That the proprietors of the said islands be impowered
to erect a pound upon either of the said islands which they may think
proper, to impound such cattle, horse-kind or sheep, as may be found
feeding on the said meadows and beaches ; and to chuse one or more
haywards, from time to time, during the continuance of this act, to put
in execution the said act, agre[e]able to the true intent and meaning
thereof.

[Sect. 4.] This act to continue and be in furcc for the space of
five years from the twenty-fifth day of March next, and to the end
of the next session, and no longer. \_Pansed February 26 ; published
March 5, 1768.

CHAPTER 14.

AN ACT TO ENABLE THE PROrillETORS AND PURCHASERS [AND] IN
THE TOWN OF DARTMOUTH, IN THE COUNTY OF BRISTOL, TO
RAISE MONIES AND LEVY TAXES, AND TO SUE AND DEFEND IN
CERTAIN CASES.

Preamble. WiiEREAS the rccords of tlic proi)rietors of the said town of Darl-

mouth, in the year one thousand seven hundred and twenty-five, were
l)unit, with the dwelling-house of their i)roprietors' clerk, so that great
dilllcullies have since arisen, not only to the said proprietors, but (o
those persons that purchased of the proprietors, more especially in
cases where the said i)ro[)rietors are obligi-d to sue or defend any action
or actions that have l)cen or may be brought against them, by reason
that it is iini)ractical)le to distinguish, at this time, the original proi)ri-
etors from the purchasers, as they arc called, —

[2d Sess.]

Province Laws. — 1707-68.

985

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That, for the future, the proprietors and purduisprs of
the town of Dartmouth be and are herehj' inipowered to sue and de-
fend, in all real actions, by the name of The Proprietors and Purchas-
ers of the town of Dartnioutli, as fully, to all intents and purposes, as
proprietors are, by law, imi)owered to do.

And be it further enacted,

[Sect. 2.] That all meetings held in said town of Dartmouth, here-
tofore, b}' the name of proprietors' and purchasers' meetings, and their
proceedings thereon, be and hereby are confirmed, to all intents and
purposes whatever, as fully as if said meetings had been called l>y the
proprietors of said Dartmouth only ; and all voles and ordeis for rais-
ing monies, at an}- such meetings, are hereby confirmed and made
valid, to all intents and purposes whatever.

And be it further enacted,

[Sect. 3.] That, for the future, the proprietors and purchasers of
said Dartmouth are hereby impowercd jointly to call meetings to raise
monies for the necessary uses of said proprietors and purchasers, in as
full and ample manner as is directed in an act of this province, made in
the thirteenth year of the reign of his late majesty King George the
First, intitled '"An Act in addition to an act, iutitlcd 'An Act to enable
towns, villages and proprietors, in common and undivided lands, &c.,
to sue and be sued, made in the sixth 3ear of the reign of King Wil-
liam and Queen Mary.' " [^Passed February 26 ; published March 5,
1768.

ProprlftorH nod
piircliaKfrM of
JJartiiiciiitli, (tn.
|towfri'(] 111 Biio
und def'iiU.

Their meptlni^
ticri'toforc lii-ld
coiitirincU :

— empowered
jointly to call
meetings.

1726-27, chap.
15.

CHAPTER 15.

AN ACT FOR ENQUIRING INTO THE RATEABLE ESTATES OF THIS

PROVINCE.

Whereas the rateable estates of the several towns and districts in
this province are much altered since the last valuation, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the assessors of each town and district within this
province, chosen for the year one thousand seven hundred and sixty-
eight, shall, on oath, take and lodge in the secretary's ollice, by the
first day of .Tune next, a true and perfect list, according to their best
skill and understanding, agreeable to the following list : —

Number of polls rateable ; number of polls not rateable ; number of
dwelling-houses, and the annual worth ; ditto of tan-houses, slaughter-
houses, and other working-houses and shops, seperate from dwelling-
houses, and their annual worth ; nnmber of still-houses, and the annual
worth ; number of warehouses, and the annual worth ; number of super-
ficial feet of wharf; number of grist-mills, fulling-mills and saw-mills,
and the annual worth ; number of iron-works and furnaces, and tiieir
annual worth ; other real estate, and the annual worth ; servants for
life, between fourteen and forty-five years of age ; an account of each
person's trading stock or goods on hand, paid for or unpaid for, at
home or abroad ; factorage or the value of commissions on merchandize ;
tons of vessels of every kind, upwards often tons' burthen, to be given
in carpenters' tonnage, at home or abroad ; money that any person has
at interest more than he or she pays interest for ; number (;f liorses and
mares, three years okl and upwards ; number of oxen at four years ohf

Preamble.

Assessors to
return a list of
ratables into
tlio Hecrelary's
office bv the lirsl
day of tlune.
170O-«l, cliaps.
24 and JO.
List of rntablca.

986

PitoviNCE Laws. — 17G7-G8.

[Chap. 15.]

Printed copy of
the list to bo
sent by the
province treas-
urer, to the
town or district
clerks.

and upwards ; number of cows and heifers at three years old and up-
wards ; number of goats and sheep, one A'ear old and upwards ; number
of swine, one year old and upwards ; number of acres of pasturage, and
the number of cows said pasturage and the after-feed of the whole farm
will keep ; number of acrgs of tillage-land ; number of bushels of grain
and corn of all sorts said tillage-land will produce, one 3"ear with another,
in case it was improved for grain ; number of barrels of C3'der that can
be made upon the farm one 3ear with another ; number of acres of
mowing-land ; number of tons of upland ha}- ; number of tons of fresh
meadow hay ; number of acres of salt marsh ; number of tons of salt
hay : — a printed cop3' of which list shall be. b}' the treasurer of the prov-
ince, sent to the clerk of each town and district therein, containing an
account of all male ix)lls of sixteen years old and upwards, whether at
home or abroad, distinguishing such as are exempt from rates ; and of
all rateable estates, both real and personal, h'ing within or adjacent to
their respective towns and districts, and by whom occupied, and what
each person's real estate ma}' be worth by the year, taking one year
with another ; particularly mentioning dwelling-houses and land, tan-
bouses, slaughter-houses and other working-houses and shops, separate
from dwelling-houses, still-houses, warehouses, wharves, grist-mills,
fulling-mills, saw-mills, iron-works and furnaces ; and what each of said
estates may be woith by the year, in the judgment of said assessors,
without consideration of repairs ; and of all Indian, negi'O or molatto
servants for life, from fourteen to forty-five years of age ; and the num-
ber of tons of vessels of every kind, upwards of ten tons' burthen (to be
given in, in carpenters' tonnage), whether at home or abroad ; and each
person's whole stock in trade, including factorage or the value of com-
missions on merchandize ; and money at interest which any person has
more than he pays interest for ; and also of all horses, oxen, cows,
goats, sheep and swine, at the respective ages set in said list. And said
assessors, in taking said valuation, shall distinguish the different im-
provements of land, and return their list in the following manner: the
number of acres of pastui-e, the number of acres of tillage-land, the
number of acres of salt marsh, and the number of acres of fresh, and
English mowing-land ; and also what stock each pasture is ordinarily
capable of feeding, and what quantify of produce the said tillage,
mowing, and orchai'd, land yearly affords, taking one year with another :
exreptinfj that the governor, the lieutenant-governor, president, fellows,
professors, tutors and students of Harvard College, settled ministers
and grannnar-school masters, with their families, — for their jjolls, and
.for tiu'ir estates in their own actual improvement, — as also the estate
pertaining to Harvard College, under their own actual improvement,
shall be exempted out of this act ; and said assessors, before they ent'.'r
on this work, shall take the following oath : —

AsBcssor's oath : You, A. 15., boin,!^ chosen an assessor for the town of B., for the year one
thousiuid seven hiuidred and sixty-eijjht, do .swear that you will faitlifully and
iiii|iartiaily. accorilin,<^ to yoin* best skill an<l judjiinent, do and perform tlv
wlioK- duty of an assessor, as directed ami enjoined l)y an act of tliis proviiici'
made in llie present year, intitled "An Act for enquiring into tlio rateable
estates of this province," without favour or prejudice. So help you God.

— which oath, in such towns or tlistriefs where no justice of the peace
dwells, shall be administered by the town or district clerks, who are
licreliy iini)Owered and directed to administer the same, on penalty of
ten poinids ; and every assessor who shall be chosen by any town or
district, in the year one thousand seven hundred and sixty-eight, and
accepted such choice, that shall refuse to take such oath, shall forfeit
"and pay the sura of forty pounds ; or, taking the same, shall neglect or

The governor
h:A other pcr-
Buns exempted.

— by whom to
be adminlRtcred.

I'ciiiilty on
nH8c»Kor« for re-
fusing to talie
B'liil oath, or
neglectlug duty.

[2d Sess.]

Province Laws.— 17U7-G8.

981

PlTHOIlB to (C'VO

in lliL-ir IIhU to
UHMcitHiirH, on

refuse to do the dntj- required by this aet, or shall anyway act deceit-
fully therein, shall, for each of these offences, forfeit and pay a fine
of fifty pounds.

[Sect. 2.] And every person not necessarily out of the province ;
viz., on and from the tenth day of April next, to the twentieth day of ["J
May next (in whicli cases they shall be doomed by the assessors as is oath, if required
hereafter expressed), refusing or neglecting to give such assessor or
assessors, in writing, and on oath if required, a true account of his
rateable estate and improvements, agreeable to the true intent of this
act, shall be doomed by the assessors, accordingly, to their best skill
and judgment; and shall, for each offence, forfeit and pay the sum of
fift}- pounds : which oath, if required, shall be in the Ibliowing form ;
viz., —

You, C. D., do swear that the account now exhibited by you is, to the best Formoftbe
of your knowledge and judgment, a full account of all your rateables, agree- **"'■''•
able to the list now exhibited to you. So help you God.

— and ever}' assessor shall be allowed, out of the treasury of his re-
spective town or district, the sum of four shillings for every day he shall
be necessarily employed in doing the duty enjoined b}- this act.

Ayicl be it further enacted.

[Sect. 3. J That the assessors of each town and district in this
province, for the 3'ear one thousand seven hundred and sixty-seven,
shall, b}' the abovesaid first day of June next, transmit to the secre-
tary's office a true and perfect copy, on oath, of the valuation and
state-bill, by which they made the taxes in their particular towns and
districts for that 3ear, and also a true coi)y of the province tax made
by such list and valuation ; on penalty that each assessor neglecting his
dutj- therein shall forfeit and pay twenty pounds.

And be it further enacted,

[Sect. 4.] That if, in any of the towns and districts aforesaid, it so
happens that any of the assessors, for the year one thousand seven hun-
dred and sixt^'-seven, be dead or removed, in that case the remaining
part of said assessors shall and are hereb}' im[)0wcred to act in all
cases touching the valuation and state bill and copy of the province
tax aforesaid, as fully as if there had been no such death or removal.

[Sect. 5.] And all fines and forfeitures arising by this act may be
recovered by action of debt, presentment or indictment, at any of his
majesty's courts within this province proper to try the same ; and shall
be applied, one moiety, to him or them that shall sue for the same, and
the other moietj-, to his majesty to and for the use of this government.

And whereas it may happen that some rateable estate, by shilling
hands, may be liable to be given in twice to the assessors, or not given
in at all, —

Be it further enacted,

[Sect. G.] That every person in each town and district within this
province, in giving in to the assessors a list of his rateables, shall esti-
mate such rateable estate, agreeable to this act, as he is possessed of
on the tenth day of April next. [Passed February 2G ; published
March 5, 17G8.

Alluwunce to
tbc uiMtvsBors :

— who urc to
trail ^<nlit copies,
on oulh, of the
valuation and
Htate-bill.

Penalty for

neglect.

In case of death,
the rest of the
a88C6iior8 to act.

Finos, how to
be recovered
and applied.

Preamble..

Ratablcs to ho
given In on pot
Bes«ed on the
tenth of April.

988

pBOViNCE Laws. — 17G7-6S. [Chaps. 1G, 17.J

OHAPTEE 16.

AN ACT IN FURTHER ADDITION TO THE SEVERAL ACTS FOR THE
SETTLEMENT AND SUPPORT OF SCHOOLS AND SCHOOLMASTERS.

IVearablc.
1718-19, chap. 2.
10 Met., 515.

Towns or pre-
cincts may
raise more
money than is
by law required,
for the support
of schools.

Assessors re-
quired to assess
the money
agreed to be
raised.

Constables or
collectors re-
quired to collect
tne same :

— upon penalty
for neglect.

Continuance of
the act.

Whereas it ma^' happen that where towns or districts consist of
several precincts, some of snch precincts may be disposed to expend
more for the instruction of children and 3'outh, in useful learning, witliin
their own bounds, than, as parts of such towns or districts, the}' are. b}-
law, held to do, and no provision has hitherto been made to enable
precincts to raise monej' for that purpose ; and tchereas the encourage-
ment of learning tends to the promotion of religion and good morals,
and the establishment of libert}', civil and religious, —

Be it therefore enacted hy the Governor, Council and House of
Representatives,

[Sect. 1.] That when and so often as the major part of the inhab-
itants of an}' precinct, at their annual meeting legall}' warned, shall agree
on the building, finishing or repairing of any schoolhouse, or the de-
fr[e][o]ying an}- other charge for the support of schools and school-
masters, and shall also agree on any sum or sums of money for such
purpose or purposes, the assessors of such precinct are herebv impowcred
and required to assess the same on the polls and estates within the said
precinct ; and all such rates or assessments shall be \)ix\(\ to the constable
or collector to whom the same shall be committed, with a warrant from
said assessors in form as b}' law is prescribed for collecting of town
assessments ; and every constable or collector to whom any such rates
or assessments shall be committed, with a warrant as aforesaid, shall
levy, gather and receive the same, according to the direction in the
warrant to him given, and shall account for all such sums as he shall so
receive, and make payment of the same to the treasurer of such precinct
or other receiver, as, by his warrant, he shall be required ; and be sul)-
ject to the ])ains and penalties, in case of neglect, as is. by law, provided
in the several acts of this province, respecting the levj'ing and collecting
of other i)recinct assessments.

[Sect. 2.] This act to continue and be in force until July, one
thousand seven hundred and sevcnt}', and no longer. \_Passed Fehru'
ary 26 ; published March 5, 17G8.

CHAPTER 17.

AN ACT TO PREVENT THE DESTRUCTION OF THE SALT MEADOWS,
LYING IN THE TOWNS OF TISBURY AND CHILMARK.

I'reamble

The proprietors

cmnowercil to
make an open-
ing from black-

WiiKREAS tlie salt meadows lying in the towns of Tisbury and Cliilinarlv,
in the county of Dukes County, by reason of the i)onds overllowiug the
same, have been greatly damaged, being occasioned, in a great measure,
by tlie proprietors thereof not being able to agree upon the times when,
or the places where, the said meadows might be drained ; for remedy
whereof for the future, —

Be it enacted by the Governor, Cotcncil and House of Representa-
tives,

[Sect. 1.] Tlmt llie proprietors of the meadows l.ying and adjoining
totlu" ponds and creeks iu (he towns of Tisbury and Chilmark aforesaid,
in which are compicJiendetl all the meadows from the east end of Tis-

[2d Sess.]

Province Laws. — 1767-68.

080

bury Great Pond, to the west ciul of (ho pond caUcd :iiid known l>v (lie
uanie of C'hihuark Poud, are liereby inii)owered, in the month of .Mari-h,
nnnnally, to make an opening into the sea, out of the i)ond in Chilmaik,
called and known l)y the name of IJhiek-l'oint Pond, — the said pond
lying eontignous to the meadows inTisl)ni-y aforesaid, — to he eontinned
open imtil tlie tenth day of September then next following, annually,
and at no other time, at the expence of the })roi)rietors of the meadows
aforesaid, iu proportion to their several rights and interest in said
meadows.

And be it further enacted^

[Sect. 2.] That the proprietors of the meadows in the town of
Chilmark aloresaid, be and are hereby impowcred to open the pond
called and known by the name of Chilmark Pond, at any time from the
tenth day of September, to the last day of November, annually, during
the continuance of this act, and at no other time ; and that the i)roi)rie-
tors of the meadows, from the oast end of the creek, in s[a/]d Chilmark,
called and known by the name of Quonsoo Creek, westward, to the
west end of said Chilmark Pond, shall pay their proportion of the ex-
pences that may arise iu opening said Chilmark Pond, in money or labour,
at their discretion.

Be it farther enacted^

[Sect. 3.] That if any person or persons shall presume to make an
opening out of the said ponds, at any other time or place, or to s(o|i ni)
any openings after being so made, contrary to the true intent and mean-
ing of this act, he or they shall Ibrfeit and pa}' the sum of twent}*
pounds, to be recovered by action of debt in any of his majesty's courts
of record proper to try the same ; one moiety thereof to be to and lor
the use of the poor of said town, the other moiety to be to and for the
use of him or them that shall sue for the same.

Be it further enacted,

[Sect. 4.] That the major part of the proprietors of said meadows
be and hereby are impowered to make choice of a standing iiroprietors'
conunittee of three meet persons, and. on the death or removal of one
or more of said committee, to fill them up by the choice of other person
or persons, who also shall have power to order and regulate the times of
said openings, as limited by this act. and also to apportion the labour
in making said openings, among said proprietors, agre[p]able to their
respective rights and interest ; and, in case of their neglect or refusal to
perform the same, the said committee are impowered, from time to time,
to assess said delinquent jn'oprietors, and to appoint and swear a col-
lector or collectors for the collecting and paving iu the suras so assessed,
to the committee aforesaid, for the defr[e][(7]ying the expences of said
openings ; which persons so chosen and appointed, being sworn to the
faithful pertbrmance of their duty, shall be and hereby arc vested with
the same power and authority, for the purposes aforesaid, as other pro-
prietors' committees, assessors and collectors, by law are vested with.

And be it further enacted,

[Sect. 5.] That Mat[t]hew Mayhew, Esq^'^, is hereby impowered
to call a meeting of said |)ro[)rietors, for choosing said committee ; at
which meeting the i)roi)rietors aforesaid are likewise impowered to
make choice of a moderator, who shall have power to regulate the same,
— the votes to be reckoned according to the interest of each voter: at
which s[aj]d meeting, the pro|trietors aforesaid shall have power to
agree upon some method for calling meetings for the future.

[Sect. C] This act to continue and be in force for the sp.ace of
three years from the first day of March. [I7('„s]. [one thousand seven
hundred and sij-tif-eight}, and' no longer. [Passtd February 26 ; pub-
lished March u, 1708.

Point Pond to
lllu ttl-il,

— at till' cxpciiHO
of llic ini.|iilu.

tol-Mdf lllu

nicailowH.

PropriotorR pm-
powcri'il loopcn
Chiliiiurk IViul.

No oponin$;8 to
bi- niaik- but nt
ccrtjiiii tinu'8.

Proprietors to
clioosf a com-
niitt4'L' for the
I)urpo»C'8 above-
inuiilioDed,

— who nrc em-
powered to
ronkc osseas-
ment«.

Collectors to -e
sworn.

Matthew May-
Ill- w, K»(|., to
call a iiieeling.

Contlnu.iDcc of
the net.

990

Province Laws.— 1767-68.

[Chap. 18.]

CHAPTER 18.

AN ACT TO ENABLE THE PROPRIETORS OF THREE SEVERAL TOWN-
SHIPS GRANTED JUNE, ONE THOUSAND SEVEN HUNDRED [AND]
SIXTY-FIVE; VIZm., ONE TOWNSHIP, GRANTED TO BENJAMIN MUL-
LAKIN, ESQ[R]., AND OTHERS, IN LIEU OF A TOWNSHIP CALLED
ROWLEY-CANADA; ONE OTHER TOWNSHIP, GRANTED TO WILLIAM
RAYMOND AND OTHERS, IN LIEU OF A TOWNSHIP CALLED HALES-
TOWN; AND ONE OTHER TOWNSHIP, GRANTED TO SAMUEL GER-
RISH, ESQ[R]., AND OTHERS, IN LIEU OF A TOWNSHIP CALLED
BAKERSTOWN,— TO MAKE SALE OF SO MUCH OF THE DELINQUENT
PROPRIETORS' RIGHTS, GRANTED TO SAID MULLAKIN, RAYMOND,
GERRISH, AND OTHERS, AS IS NECESSARY TO DEFREY THE
CHARGES OF SAID TOWNSHIPS.

Assessors em-
powered to sell
lands of delin-
quont proprie-
tors :

— to execute
deeds.

Public notice to
1k' ijiven of
Hucli sule.

Liberty of re-
d(tinptiuu.

Be it enacted by the Governor^ Council and House of Mejjresenta-
tiveSy

[Sect. 1.] That if the assessors chosen b}' the proprietors of either
of the aforementioned townships, granted in June, one thousand seven
hundred and sixty-five, for tlie defreying tlie public[k] charges that
have arisen, or hereafter may arise, in either of said townships, or
for defre3'ing the charges that have arisen on eitlier of tlie afore-
mentioned townships formerly granted to said proprietors, respectively,
have or hereafter sliall lev[e]3' or assess a tax on the land of said
proprietors, agreeable to the votes of said proprietors, and such pro-
prietors shall neglect or dela}' to i)a3' to the collector or collectors the
sums so assessed, for sixt}' da^s after such assessment is made and
published, then and in that case it shall and may be lawful for the as-
sessors, or a committee, at a public[k] vendue, to sell so much and no
more of the delinquent proprietors' lands as the}' shall judge necessary
to pay and satisf3' such rates and taxes, and other necessar3- and inter-
A'ening charges, and execute absolute deeds in the law for the convev-
ance of such lands of the pro[)rietors to the person or persons wlio
shall give most for the same ; which deed shall be good, to all intents
and purposes in the law, for conveying such estates to the grantees,
Iheir heirs and assigns forever.

Provided, —

[Skct. 2.] That pnblic[k] notice of such sale be given in two or more
of the Boston newspapers, three weeks success! vel}', for three mouths at
least before said lands be sold ; reserving to said proprietors within
this province, their heirs or assigns, liberty for redeini)tion of their
lands so sold, they pa3-iiig to the grantees or their heirs. respectivel3',-
witiiin one 3'car afterwards, the sum[e]s for which the said lands were
sold, with doiibk' damages until the same be redeemed ; reserving also,
to sucii no[>i.] -resident proprietors as arc not inhabitants of this prov-
ince, their heirs or assigns, liberty for redemption of their lands so sold,
they paying to the grantees or their heirs, i'cs|)ectivel3-, within two years
afterwards, tlie sums for which the said lands were sold, with double
damages until the same be redeemed. [Passed February 27 ; pub-
lished March 5, 1768.

[•2d Sess.]

Province Laws.— 17G7-68.

991

CHAPTER 19.

AN ACT FOR ANNEXING THAT PART 01' THE TOWN OF SHREWSBURY,
CALLED THE LEG, TO THE TOMN OF LANCASTER.

WiiERKAS it has been represented to this court that the part of Shrews- rrcamble.
bury, in the county of Worcester, called the Leg, iu many respects will
be more accom[7«]odated to be set oil' from the said town of Shrews-
bur}-, and annexed to the town of Lancaster, in said county, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the part of Shrewsbury called the Leg, with the si.rcwBbury
inhabitants thereof, bounded, southerly, on Quinepoxit IJiver ; westerly. J-;'-' """'-Jt'"! »«
on the town of Ilolden ; northerly, on Princetown ; antl, easterly, on
Stillwater River, — be and hereby are set off from the saiil tow'n of
Shrewsbury, and annexed to the town of Lancaster, in the said county
of Worcester, and to the second parish in said town of Lancaster, there
to do duties and receive privileges as other of their inhabitants.

And be it farther enacted,

[Sect. 2.] That the inhabitants of the part of Shrewsbury called inhabitant* to
the Leg, aforesaid, shall pay the[ir] proportion of all such province, j.'".Jj^'',r.t,aed u,
count}-, town and precinct taxes, already granted to be raised on the br r.ii«u<i on
town of Shrewsburj' aforesaid. {Passed February 27 ; published ^^'^'^^^^^^y-
March 5, 1768.

CHAPTER 20.

AN ACT FOR CONTINUING SUNDRY LAWS THAT ARE NEAR EXPIRING.

Whereas the several acts hereinafter mentioned, which are near ex-
piring, have been found useful[l] and ben[i] [e]ficial ; viz'*'., two acts
made in the fifth 3'ear of his i)resent majest^-'s reign : one. intitled '• An
Act to prevent the destruction of salmon and other lish in Merrimack
River, within this province ; " the other, intitled '■ An Act to prevent the
destruction of oysters in the several bays and riv<^rs hereafter mentioned,
within this province ; " one act made in the sixth year of the said reigu,
intitled '' An Act for amending of an act made in the fifth year of his
present majest3-'s reign, intitled 'An Act to prevent the destruction of
salmon and other fish in Merrimack River, within this province;'"
one act made in the seventh year of the same reign, intitled *' An Act
in addition to two several acts to prevent the destruction of salmon
and other fish in Merrimack River, within this province'," —

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

That the before-mentioned acts be continued, with all and every
clause, matter and thing therein respectively contained, and shall be in
force until [I] the first day of July, one thousand seven hundred and
sevent}-, and no longer. [^Passed February 27 ; published March u,
1768.

Preamble.

Act to prevent
tU'Ktructlon of
i>.'ilniun.
lTt4-«5, ch. 24.
Ditto, ovMenj.
lTt>4-«5,'cb.i.'>.
l>itto, to am<-nd
an act to prevent
dentriiction of
KaimoM.
1766-60. ch. 30.

Act in addition
to two »evrml
nets to prevent
destruction of
nalinon.
1766-67, ch. .3.

Continued to
Ut July, 1770.

992

Pkovince Laws.— 1767-08. [Chaps. 21, 22.]

CHAPTER 21.

AN ACT FOR ERECTING A TRACT OF LAND OF EIGHT MILES SQUARE
CALLED PHILLIPSTOWN, JOINING UPON THE NORTH-WEST END OF
THE TOWN OF WELLS, IN THE COUNTY OF YORK, INTO A TOWN
BY THE NAME OF SANFORD.

Bounds of the
town of Sanford.

Benjamin Chad-
biirne, Esq., to
call a meeting of
the inhabitants.

Whereas the erecting of that tract of land called Phillipstown, into a
town, will greatly contribute to the growth thereof, and reined}- many
inconveniences to which the inhabitants and proprietors maj' be other-
wise subject, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the tract aforesaid, bounded as followeth ; viz^'^,
lying on the north-west end of the town of Wells, west of Kennebunk
River, east of the town of Berwick ; and north, b}- province grants, in
part, and in part b}' unappropriated lands, — be and hereby is erected
into a town b}' the name of Sanford ; and that the inhabitants thereof
be and hereb}' are invested with all powers, privileges and immunities
which the inhabitants of the towns within this province do enjo}'.

And he it further enacted,

[vSect. 2.] That Benjamin Chadburne, Esc/"^^., be and hereby' is
impowered to issue his warrant, directed to some principal inhabitant
of said town, requiring him to warn the inhabitants of said town who
have an estate of freehold according to charter, to meet at such time
and place as shall be therein set forth, to chuse all such officers as are
or shall be required, by law, to manage the affairs of said town.
\_Passed February 27 ; published March 5, 1768.

CHAPTER 2 2.

AN ACT FOR BUILDING AND MAINTAINING A LIGHTHOUSE ON THE
EAST END OF THE GURNET, AT THE ENTRANCE OF THE HARBOUR
OF PLYMOUTH.

Preamble

y\ liirhthoiise
ordc-ri'd to bo
iiTclcd on llie
caul cnil of ihc
Ciiirnot.

JidiabilMiitH of
riyiiionlb, Sec,
to pay liglit-
niuucy.

Whereas the South Shore, so called, from Point Aldcrton to Cape
Cod, is very dangerous, by reason of many rocks and shoals at a dis-
tance from the land, and there being no safe harbour, all along that
coast, but that of Plymouth, and it being generally thought that a light-
liouse erected on the east end of the Gurnet would be very serviceable
to the navigation and commerce of this province, and be a means of
preserving the lives and estates of a great iHnnl)er of his majestN-'s sub-
jects, by directing the distressed, in stornw and tempestuous weather,
into the aforesaid harbour; therefore, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] Tliat there be a liglithouse erected, at the charge of
th(! ]irovin('(', on the east end of the (iuruet, to be kept lighted from
sun-s[i][r]lting to sun-rising ; that fi'om and after the building of the
saiil lighthouse, and kindling a light, in it useful for shipping coming
into or going out of tlie harbour of Plymouth, or oilier harboiu" within
tiie iNIassaehuset [t]s Bay, lliere shall be paiil to the receiver of impost,
by the m!ister[.s] of all ships and vessels going in or belonging to the
port of Plymouth (coasters excepted), whieh have hitherto been ex-

[2d Sess.]

Province Laws.— 1767-68.

993

cmi)tcd from paying light-money, by the general court, the like duty
or lighl-mouey as is paid, by every other ship or vessel coining in or
going out of the harbour of Boston, agre[e]al)le to an act of this prov-
ince passed in the fust year of King George the First, [i][r]ntillo(l
"An Act for building and maintaining a lighthouse upon the (Jrcat
Br[u][e?u]ster, called Bacon Island, at the entrance of the harliour of
Boston."

And be it enacted,

[Sect. 2.] That the commissioner or receiver of impost be and
hereby is impowcred, by himself, or his deput}- by him appointed, to
receive the said duties, and to recover the same and give a certificate
therefor in the same way and manner as by the aforerecited act is
provided.

Aiid be it further enacted,

[Sect. 3.] That no ship or vessel belonging to the port of Plym-
outh (coasters excepted), shall be cleared by the naval ofllcer. until a
certificate be produced that the duty of the lighthouse be paid ; and
the ship or vessel, with the master, shall stand charged with the duty
thereof, till paid to the commissioner of impost.

And be it farther enacted,

[Sect. 4.] That the person appointed by this court to keep the
said lighthouse, shall be under the same rules and directions with
respect to his duty, and also under the same penalty for neglecting the
same, and the fines shall be recovered in the same way and manner, as
in and b}' the aforerecited act is provided.

And be it further enacted,

[Sect. 5.] That a committee of this court be appointed to build
the said lighthouse, of such dimensions, and in such manner, as they
may be directed by the said court, \_Fassed February 27 ; published
March 5, 1768.

1715-16, clinp. 4.

ImpoRt ofllocr
to rucfive Uic
liKlit-inonoy.

Plymotitli vPR.
»r\n iKit lo he
cli-:ircil wUlioiit
a crrtllic.-ilf of
imynieiit.

Kerppr of the
lij^litliouMi- to
obsiTvo ruU-«,
on penalty.

Committee to
build.

CHAPTER 2 3.

AN ACT TO IMPOWER COMMISSARIES TO SETTLE A LINE OF JURIS-
DICTION BETWEEN THIS PROVINCE AND THE PROVINCE OF NEW
YORK.

"Whereas a controversy has long subsisted between this province and Preambu
the province of New York, concerning their boundaries and the extent
of their jurisdiction, to the great detriment of both ; and the contests
arising therefrom have been attended with great confusion and disorders,
and are likely to be productive of further most mischievous conse-
quences ; to prevent which, and to remove the cause of future dis-
putes, it appears necessarv that a line of jurisdiction between this
province and the province of New York should be settled l\v the
mutual consent and authority of the legislatures of both governments,
agi'e[e]able to his majest3''s most gracious designs and lu'rinission,
signified by the right lion[o/v/]l)le the Earl of Shelburne ; and tchereas
great doubts arose in the minds of tlu! commissaries of New York, on
the conference at New Haven, whether the commissaries on tiie part of
this province were sufTiciently authorized. b\- a resolve of the court
only, to treat with the commissaries on the part of New York, and
settle the line of jurisdiction between the said provinces ; for the
removal of such douljts. and to the intent that liis majesty's gracious
recommendation of an amicable settlement may, if possible, be com-
plied with, —

994

Peovince Laws.— 1767-68.

[Notes.]

ComraissarieB
empowered to
agree on a line
of jurisdiction.

Which line
shall remain
Buch, after
receiving the
royal sanction.

Be it enacted by the Governor^ Council and House of Representa-
tives^

That the rion[ora]ble Thomas Hutchinson, Esq^''^., lieuteuant-gov-
oruor of this [)rovmee, the IIon[ora]ble William Brattle, Esq"^'^., and
Edward Sheafie, Esq'^'^^., shall be commissaries on the part of this prov-
ince, who shall have, or the major part of them shall have, and hereby
are declared to have, full power and authority' to agree with the com-
missaries appointed on the part of New York, on a line to be run, for a
line of jurisdiction, between the two provinces, to which line of juris-
diction this province shall extend ; and after such a line is agreed upon
and determined by the commissaries on both sides, or the major part
of them for each government, the commissaries appointed b}- this act
are hereby- impowered and authorized to emplo}' such survej'or or sur-
veyors, chain-bearers, and such and so man}' other persons as ma}' be
found necessary to perform the executive part, to run, mark and ascer-
tain the said line, in conjunction with such as ma}- be appointed for
that purpose on the part of the province of New York. And the set-
tlement of the line aforesaid, by the commissaries aforesaid, shall,
after his majesty's confirmation thereof, be and remain the line of juris-
diction between the said provinces. [^Passed March 3 ; published
March 5, 1768.

Notes. — All the acts of this year, public aud private, were printed, — chapter 8
separately; and the engrossments of all are preserved, except of chapters 1, 'S, 4, 5,
0,7, 8, 9, 10, 11, and 15.

The following is the title of the only private act passed this year: —

" An Act to empower Abigail Conqneret of Lancaster in the County of "Worcester,
Wife of Lewis Conqneret Mariner to commence aud prosecute to linal Judgment and
Execution, certain Action or Actions against Francis ISIorris and Thomas Lcgget of
Leominster in said County, and for subjecting the said Abigail Conqneret to the
Action or Actions of the said Francis Morris aiid Thomas Legget, as though she was
sole and unmarried."— [P«swd June '25.

The acts of the tirst session were certified for transmission July 2'2, 1767. No
record has been found of the receipt of these acts, although the Governor's letter
dated July 27, stating that the secretary of the province was " now transmitting"
them, was read at the Board, October 13.

The report of Sir JMatthew Lamb upon these acts, dated January 18, 1768, was
received January 1!>, and read February 4, -when the draught of a representation
was ordered to be prepared proposing the repeal of the private act above named.
This draught was prepared and signed February IS, 17()8.

The acts of the second session were certified for transmission, April 5, 17t)8, and
laid before the Lords of Trade June 10, 1768, when they were ordered to bo sent to
Sir Matthew Lamb for his opinion thereon. No report from Sir Matthew Lamb has
been found, probably none was made by him since his death occurred on the sixth
of November of that year. A vacancy in the oflice of counsel to the Board of Trade
remained from the decease of Sir Matthew Lamb until the appointment of Richard
Jackson to that post, on the IJOth of April, 1770. On th(< Uth of January, 1771, Mr.
Jaikson made a re]iort on these acts — which, it appears, had Ihh'U scut to him by
order of the Lords of Trade for that purpose— that he was of ojiinion that the same
were proper in jioiiit of law. lie, however, made several comments on chapter 22,
as shown in the note to that chapter poM.

As nothing to the contrary appears, it is to be presumed that the public acts of
this year received a virtual approval by lapse of time.

Chap. 2. " June 6, 1764. A Petition of George Duncan and Others, Inhabitants of
the North East Quarter of Rutland containing about six miles »S(putre Setting forth.
That there are now better than thirty Families living on the said District, and their
unmbers increasing; but that they labour under great Tnconveniencies for want of
hciiig Incorporated. And Praying that the said Tract t^f Land may be erected into a
Town or District as the same is bouniled viz' Southerly on Rutland, Westerly on
Rutland District, Northm-ly on Tcmiilcton and Easterly on Prince Town.

lu Council R<ad and Ordered That the consideration of Ihis Petition be referred
to the next Sitting of the tieneral Court, and that the Petitioners insert the Sub-
stance thereof in the Boston News Paj^crs, that so the Proprietors of the North East
Quart (>r of Rutland may shew cause, if any they have, on the second Wednesday of
the next Sitting of the General Court why'the Prayer thereof should not be granted.

In the House of Representatives Read and Concurred." — Council liccordK, rol.
X.\V.,p.'2:;().

" Jan. IH, 1765. A Petition of George Duncan & others, Inhabitants of tho North
east (puirter of Rutland praying to bo erected intoa Town or District, ivs entered tho
6"' of June last,—

[XoTES.] Province Laws. — 17G7-G8. 995

In Council, Read again together with the Answer. And Onh^reil that this Petition

be (lisiuissed. Sent down lor C'oiictinrnce."— / />/r/., p. ,141.

"Fob. 17, 17t!7. A retitinii dI' I lie 1 iili;iliilaiits of ilu! Xurllicaslerly Quarter of the
Town of Ruthxnd — Setting forth That the said (,>nartcT bcin;^ of tlie eontents of six
niih's square is eapable of making a very good Town. That tlicy live at a great
distance from the place of pubhc worsliip in Rutland, tliat thi\v have no Roads laid
out and labour inider many other dillicnliics liy rcinaining a part of the Town of
RntUmd. And iiraying tiiat the said nortlicast (iiiarler tlicri'of may he erected into
a separate Town or District; atitl liiat there maybe a Ta.x of one penny jier aero
tipon all the nonresident proprietors l^ands therein for three years toenabie tliem to
make and Rejiair Roads and to settle tht; (iospcd among tliem.

In the House of Rejtresentatives. Read & ordered that tlie Petitioners notify tlio
nonresident Rrojirietors of said northeast C^uarter of Untiand of this retition liy in-
serting the su'ostanee of it in one or more of the Roston news j>apers three Weeks
sueeessively that they shew cause, if any tliey have on tlie second Wednesday of the
ne.\t sitting of the General Court why the prayer thereof sliould not be granted.
In Council, Read \- Concurred." — Ibid., nil. XXl'I., /). ."W).

".Tune 5, 17()7. A Petition of the Inhabitants of the N E Quarter of Rutlaiul
]iraying for a Tax cm the Lands of tlu^ nonresident proprietors, and that the said
Quarter may be int'or[)oratcd, as enti.'red tlie 17"' of Felirnary la-st.

In Council, Itead again: and it apin'aring tliut the Petiiioners & nonresident pro
prietors had come to an Agreement tiiat tliere sliould be a Tax of one penny j|' Aero
laid upon all the Lands of the nonresident proi>rietors lying in the Xortlieast tjuarter
of Rutland for one j'oar only, to enable the Inhabitants to make and repair Roads. —
Ordered that there be a Tax of one peny ^ Acre laid on the said Lands accordingly:
And that the Petiiioners have leave to bring in a Bill for Incorporating the said
Quarter into a District In tlie House of Representatives, Read & Concurred.
Consented to by the Governor."— /6(rf., vol. A'AT//., ji. '11.

Chap. 8. " June I'J, 1700. The Secretary also carried down to the House a Mes-
sage from the Governor, founded on a Petition of Francis Le Blanc a French
Accadian jiraying Relief, accompanying the said Message which is as follows viz' —

Gentlemen of the House of Representatives.

The annexed Petition of Francis Lo Blanc having been presented to me, I com-
municated it to the Couucil, and at their desire I lay it before You. It speaks so
fully for itself that I can add nothing to enforce it. Fra. Bernahd."—

C'oiiucil Records, vol. XXVI., p. '252.

" June '-'4, 1700. In the House of Rei)resentatives. Resolved that the prayer of
the Petition of Francis Le Blanc be .so far granted That the Sum of Five iHjiinds two
shillings and eight pence be paid out of the Province Treasury to pay the Doctors
Bill as set forth in the said Francis's Petition: and that the Town of Brinilield and
South Brimfiekl be notilied that they may shew cause if any tln-y have, on the
second Tuesday of the next sitting of this Court why the Sum of Five jiounds two
shillings and eight pence should not be added to their next years Province Tax. In
Council, Read and Concurred. Consented to by the Governor.

ISI. B. The foregoing Petition wa.s recommended by the Governor 'n a Mes.sago
the 12"' Instant."— /6/rf., ;). 281.

" Mar. 10, 1707. A Petition of Israel Dewey and Others Selectmen of Great Bar-
rington— Setting forth— That the Towns of Sheffield, Great Barrington and Egre-
mont are joined by Law in the choice of Representatives, and were to be assessed
in proportion towards their pay; hut that they apjirehend there has been some mis-
take in proportioning the same this year, and that Great Barrington has been over
rated. And praving Relief.

In the House of Representatives Read; and it appearing that the facts .set forth in
this Petition arc true, and that there was a mistake in apportioning the Representa-
tives pay in the Towns of Sheffield and Great Barrington, the Town of Shefiiehrs just
proportion being £17: H: 0 and the Town of Great Barrington's hut £'.i: lo: 0, .so
that it appears that Great Barrington jiaid £:!: 14: 0 mon; than its just proportion.
Therefore Resolved That said Sum of Three pounds, fourteen sluUings and six
penc(! be deducted out of the Town of Great Barrington's Province Tax in tlie next
Tax Bill & added to tlie Town of Slieffield. In Council, Read and Concurred.
Consented to bv the Governor."— /6('/., p. 4.54.

"Mar. 11, 1707. Advised and Consented that a Warrant he made out to tlio
Treasurer to pav unto Benjamin Lincoln F,s<\' and Committee! ai)pointed in Juno
last to repair to Westtield, the sum of Eleven Poiimls ten shilling's, allowed by the
(Jeneral Court, to di.seharge their account of time and exiienee in the affair (.sai.l sum
to be apportioned on the Several Towns and Districts in the County of Hainpsluro
in the next Province TaK.)"—Kfpriilin- H,io,<l» <>j thr Co,n,rd, l.tr.-li .4. /-. 2(i.j.

" June 10, 1707. A Petition of Daniel Stimpson in behalf of the Inhabitants (rf tlie

jwn of Winchcndon— Setting forth That there has been a Tax laid upon them by
..je Government forsix vears amounting in the whole to £107:;i:4 none of which ha.H
been yet paid bv reason of the smalness of their numbers and their extreme
povertv: and praving that the said Tax may b<- abated, an<l that th.-y may be ex-
empted from anv" further Tax. till they shall be better able to bear it.

In the House of Re|.resentatives. H.ad ami Ord.re.l that the Town of Ww-
ehendon be ea.sed of the Taxes of one luin.ln-d and sixty .seven pounds three shil-
lings & four pence laid on them for six yi-ars jKLst: an.l that the .said Sum l.e ii< Ule.l
in this vears Tax P.ill to the following Towns in the County of \\ orcest.r w iich
were ea.sed of the .same Tax in j.roportion as the following Towns were ea-sed by
laving the same Tax on tin- .said Wiiichendon vi/.« on Worcester, I^iicaster, Men-
don, Brookfield, Oxford, Sutton Rutland, I.«ice.stcr, N\e8tl>orough, bhrewsbiiry,

Tow
the

996 Province Laws.— 1767-68. [Notes.]

Lunenhurgh, UxTiridge, Harvard, Dudley, Bolton, Sturbridge Leominster, Hard-
wick, Western, Douglas & Petersliam.

In Council, Read and Concurred, Consented to by the Governor." — Council
Rcronls, vol. XXVIT., p. -M.

"June 11, 17ii7. Ou a Motion made and seconded, Ordered, That the Sum of one
Hundred and thirty two I'ounds lie Uiid on the Towns of Newbury and Newbury-
Port, in their scv(!ral proportions in the next Tax Act, being a Tax laid on the Town
of Newbury in ITOl, and not paid into the Treasury." — House Joitnidl, 17(>7-<>H, ;). 40.

"June 12, 1707. Tlie Committee on the Petition of Timothy Paine, Esq; and
others Reported.

Read and Resolved, That the Prayer be granted, and that there be paid out of the
puliliclv Treasury to Timothy Paine', and Jolin Murray, Esq'rs thirty Shillings each,
and to ISIoses JNIarcy, Esq; one Pound lour Shillings, being four Pounds four Shil-
lings, in full of th(i Account mentioned in the Petition, and that the sam(> be added
to "the Province Tax on South Brimfield the present Year. Sent up for Concur-
rence."—76(cZ., p. 4(5.

Chap. 10. The act of the last year (1766-67, chap. 8), to prevent frauds by the
adulteration of potash and pearlash, expired by limitation, July '_'0, 1767. On the
day of its passage, however, the House of Representatives renewed their efforts to
ascertain the best processes of making and assaying potash, with a view to such fur-
ther legislation as would effectually encourage its manufacture and iirevent its adul-
teration, by appointing a committee, consisting of the Speaker, Mr Adams and Mr.
Hancock, to write to the Society of Arts, Manufactures and Commerce, in London,
relative to the subject, and directing the Speaker to sign and forward the letter.

AH that has been discovered of this correspondence is the following reply of Dr.
Templeman, the secretary of that society: —

"Sir, The favour of Your Letter was received, which was immediately com-
municated to the Society; who have directed me to summon the joint Committees
for Chemistry and the Colonies on so interesting a subject, and likewise to write
Letters to the most eminent Chemists in England, who happen not to be jSIembers of
this Society, and to send them Specimens of different sorts of Pot Ash imported from
America; requesting them to examine the Pot Ash with the greatest accuracy, and
to report their opinions ou so important an affair.

As You mention in Your Letter that You are uncertain whether the Process that
has been followed in making the Pot Ash is a good one; in order to form a judgment
in that particular, the Society request the favour of You to procure and seutl them
an Account of the Process that has been made use of, and also Specimens of the Salt
so made, in order to make Experiments thereon.

The Society have much at heart this valuable Branch of Commerce; and think
themselves much obliged to the Honourable House of Representatives for this early
information. I have the honour to subscribe myself in the name of the Society,
Sir, Your most obedient humble Servant
Strand November S'^ 1766 Pet » Temtleman, Secretary

To Thomas Cushing Esq.

Speaker to the Hon^'e House of Representatives

at Boston in New England." — Afass. Archives,
vol. 59, p. 519.

During the third session of the Assembly, the same year, another committee, con-
sisting of Messrs. Hancock, Tisdale, Sheaffe, Dexter and Taylor of the House and
Messrs. Danforth, Brattle, Bowdoiu and Tyler of the Council, was appointed " to
inquire into the ]irocess in making potash, and the several assays that have been
made for fixing the standard, and report." This committee was completed by the
third of February, and, some three weiiks later, sulimitted the following report:—

" The Committee of both Houses appointed for tlu; luirposes mentioned in tho
Second article of the annexed Order, having been informed that two yoiuig Centle-
men in the Town of Boston (namely D' Danforth & !>>• WarnMi) had taken no
small pains & made a great variety of Experiments in order to discover the Fraud
used in the adulteration of Potash & pearlash and had at length succeeded therein.
Th(! Committee applied to those Gentlemen to show a specimen of their skill in that
matt(;r, who attended them accordingly & made sundry curious Experiments ou
those Manufactures, not only on such as were genuini; & unmixed, but on such an
wire adulterated with Lime or Sea salt, as also on sucli as had been adulterated
•with both; and made different Experiments for those different purjioses, as also an
experiment for investigating the greater or less degree of the adulteration. Tlieso
8ev(!ral Tryals were exhibited in the presence and view of the Committeo and tho
Success of 'em was answerable to what thosc^ Gentlemen had (liefore tho making
them) given us to expect; and as tlieir nieliiod of assaying recjuired as little time iiH
perhaps th(< nature of the Case will admit of. The C%)uimittee are humbly of opinion
that tlies(> discoveries relative to th<! Sulijeets nuMUioned, are worthy the attention
of the Government, as they maybe of great advantage for detec-ting fraudulent
practices in jireiiaring those maiuifactures and Un- supporting the Credit of an arti-
cle (for Exportation) of the gr<'atcst Importance to this Province.
Which is humbly sulimitted

W. HuATTLE by order." — Thid., p. .')29.
This report was accepted by tho Council, Feb. 27, and" another committee was
nominated, to consider and report wliat action should 1>(> taken " in eon?equence of
said report." In this, the House refused to concur, hut ordered the report to he re-
oommitted to the same committee, together with the following jietition of Williaiii
Frol.isher.
This jierson, whose name first appears in the records of the Assembly early in Id!."),

[Notes.] Phovince Laws.— 1707-68. [)[)']

as a petitioner in connection with this V)usiiiess, was snlisotiucntly pi-neriilly a<linit-
ted to be tlie inventor of tlie pioccss of inamifai-tnrin^ potasii, whicii caino to lio
universally adopteil in the province* lie was afti^rwanis ap])ointetl, under the stato
government, assayer-seneral of potiush and pearkvsh. His petition whielj was re-
ferred to the al)ovo committee was presented some time before the foregoing report
was made, and ran as follows: —

" To his Excellency Francis Bernard, Esq"" Governor in Chief in and over his Maj-
esty's Province of the Massachusctis IJay; tiie Ilua'"'"' the Council and House of Uei>-
resentatives in General Court asscnililed JauO' -jsii' A. D. 17()7.

The Petition of William Furhishcr of Boston, Humlily siiews, That your Peti-
tioner in the Year llo.'> after lonj; Study and indcfatiLrahh; Industry found tiio true
Way and Method of niakin.^ Potash in America, and shipi>ed two Tons of tlit^ saint!
in the Year 1754 for Loudon, and went himself with the same; which Pntji-sh hy the
Trial of a skilful Chymist and one of the best S(ia|)boiler's, Ijoth of London was
hij^hly approved of. In September 17."), your Pciiiiouer returned to Biiston; at
wiiich Time Potasli was at a low Price, Insurance and Fri;i;;ht hiiili; for wjiich Ilea-
sou he was obliged to lay aside the making Potash; and missing his dui; Ucward he
was disenabled fri)m pursuing the same, altlio' a Ueward of .S^ilKX^— Stc.'rling w:ls
granted by Act of Parliament to >!■• Thomas Ste\ens t for liis Discovcrj* and Publish-
ment of tile same: whose method has since jtlaiidy appeared to be of no Service,
either to the Mother Country or America; whereas your P(!titioner's Plan gave liight
to the making whatever has been made good since in America, whatever may ho
said to the contrary. And to enable your Petiticjuer to effect the sara<! he was
obliged to seU otY his utensils for carrying on the Soa|)boiling, and Tallowchandlers
Business, and quitted a well accustomed Shop in Boston, and removed about Sixty
Miles in the Woods to fix his Works he, together with M'' Cali^b Wilder (who ho
taught the Business) erected Works, anil for some Tinnt employed from 'M to 40
Hands daily; and your Petitioner lost both Hands & Labour. Your Petitioner
would represent to your Excellency and Honour, that when he was in London ho
was at Great Expeiiee and Trouble in attending the Right HonWc his Majesty's
Commissioners, Chimists, and Soapboilers, in jiroviug the Potash lie carried Homo
to be gowl, and the Probability of the ]\Iother Country's being supplied with Potash
from America, auil other advantages that might arise to them by making Remit-
tances, as well as making a ^\'ild^!rness in America, l>ecome a fruitful Field: After
all this Your Petitioner returned Home to Boston in great anxiety of Mind, having
sunk his all, got greatly in Debt and spent the Vrhtm of Life; Wherefore Your Peti-
tioner humbly prays your Excellency and lloniirs to take his Case into your wise
consideration, with the Schedule hereto annexed, and that you svould be jileased to
appoint him Assayer of Potash, brought to this Market under such Regulations as iu
your great Wisdom vou shall think proper— and in Duty bound shall ever pray,

Boston Feby 9"' 17G7. W. Fkobisiikk."— /6/V/ .;>. O'.'O.

The following is, probably, the " schedule" referred to in the petition. It is fol-
lowed, here, by a recoturaeiidation from leading citizens of Boston, which seems to
have been presented at the same time.

" The fixing a proper Plan for making Potashes to one Standard, and proving it
when it is not so, is as interesting to America, as the first Discovery of it was. As a
proper Direction, it is to he laid down from the first taking of Wood Ashes to the
finishing the Potash: and as this is certainly the Case in Russia & it concerns us to
boon the same Footing, or a better if we can: and as I was encouraged by Jolni
Hancock, Esqf to look into the assaying of Potivsh, and fixing the Regulations to
make the same to one Standard of Goodness, I do presume to give Reasons to a
Committee of this honi^'e Court, if they shall think lit to appoint one, for the Sedi-
ments being so unequal. That is, from ten Grains only, from one Ounce to two Penny
■weight ten Grain-!, the Potash equally looking well and merchantable to the Eye;
and also to shew liow to avoid the same, and to reduce these extravagant Sedi-
ments; and also the method to he. taken, that the manufaeturing of Pota-sh may ho
fullv known in America, and as fully vindicated at Home to be as good as any that
ever arrived at the London mark<;t from Russia, or elsewhere; and that by this
Methoil the Manufacturer of Potash may make as much in (Quantity as he has done
formerly, and in mv Opinion Ik; mav make more; as I Judge by my long and daily
Experience of almost twenty years in Wood Leeches, I think I have got as mucli
good Lve from tiftv Bushells of Ashes as I have got from fifty eight, which is a
great advantage; and I wouhl observe, that in Case the Maker of Potash makes
a misgo so that the Potash don't turn out to his mind he may be direct<'d how
to mend it; and in that Case he bring none to Boston but su<h as will bear to
be inspected, and in another Case, I hop(! to give Light iu England to tlie Con-
sumption of Potash as ten to one. at i>resent the hard Soap Boilers in Lnglaiid
do not make use of Potash in making hard Soap, but Spanish ashes; and 1 have

* " Pot ami pcirl ash .ire placed amoni,' the manufactures of BoBton, iw Ihey were beifuii lieri',
particularly the former, ahoiit fnrlv or fifty vearB ai?o, and have heen made In Jt "Incc tl.e revoju-
lion. They have now ceased in this town : Yhc price of wood will not admit of llielr being carried

on to advanta!;c in the cipital.

> ♦ ♦ • • •

Mr. Willi-im Frobisher of this town claims the merit of being the first innnufactiiror of iMJlanh.
who Ihorouithly investisated the process now In use, and communicated It, and demonstrnted tlic
Binnriority of '.\merican pot;i»h to that of Russian in making »nn\}.' — " Dfcription of BonVon,
(1794), in CoUectiou^ of Mnii. llixt. Soc, rol. 3 (IW .s>nV«), /<. 'iSl.

t " Sabbnti, 72° (/i> Aprilh; Aiirin 2.V (ifornH ff'^^ H'fl<> 17S5.

Resolved, That it is the Opinion of this CommiUee. 'ITiat a Sum not exceeding 'Three thoUMiid
Pounds, be gr.mted to his ^f.ajesty. to be m.id to Tl.omon 'V'''''''"\'T ^>}^''v''l^ K''v^^^'^.?^)^i!^^ui
his Method of making Pot Ash, and inlroducing that Manufa-turc into the BnUsS PlantatJoM In
America."— Journal of lloute of Coinmonx, vol. XV I'/A, p. 281.

998 Piiovi^CE Laws.— 1767-68. [Notes.]

by Experiments found a method of making it with Potash, of which I have a
Sample to produce; and as the hard Soap boilers in England are Twenty to one to
those that make soft Soap, the Consumption must be vastlj' increased." — Ibid.,
p. 525.

" Boston Febo- 10"' 1707.
We the Subscribers having perused the Schedule annexed to the Petition of M'
William Forbisher, & do approve of his Plan for his making of Potashes to one
Standard, and would recommend it to the Consideration of the Hon''''^ Court; as a
proper Regulation of the same would be of as great advantage to America as the first
Discovery of it.

Jonathan Simpson
Danl Hrr.BAUD

W" Hl'BBAKD
NaTHI- GllEENE

Benj Gkeexe Jun
Jas Gkeen

NlCH« BOYLSTON

jon*^ a3ioey

Jn'> Amoky

Joseph & Daxl Waldo

Willia:m Phillips

John Rowe

HeNKY LAfCHTON

Blanchaud & Hancock

William Bowes

Stephen Deblots Jr." — Ibid., p. 52H.

While the committee had the subject under considei-ation, after recommitment, Mr.
Frobisher addressed to them the following petition:—

" To the Honi^'e Samuel Danforth Esq'' Chairman, and the Hon'''e Gentlemen of
the Committee relative to my Petition. Whareas I did petition to the lion*'''^ Court
signifying the great Expeuces and Losses I had been at in the first making of Potash
in America: And whereas I have after numerous Experiments, and great Loss of
Time and Labour, at Length discovered a Method of making Potash, which will
bring it to the merchantal)le Standard; and which being communicated to the Pub-
lick will enable any Person to make it agreable to that Standard, and mend what
is of an inferior Quality, so as to bring it up to the Standard; For want of wliicli
knowledge the Manufacturers at present labour under great Inconvenience and Dis-
couragements; and the Potash sent to England being of an inferior Quality and of
different Degrees of Goodness, make the Value of it to the Purchaser quite uncer-
tain; and by this means it has got into great Disrepute, to the great Detriment of
the Province— now as I apprehend the Method I have discovered will serve to bring
the Potash made in the Province all to one uniform Standard whereby the Incon-
veniences aforesaid' may be remedied, I beg Leave to make the following Projiosal,
Viz' That in Case the Honorable Court will make me a Grant of a Sum e(inal to my
Losses aforesaid, being upwards of Seven Hundred I'ounds Sterling: the Pa.\ineTU
thereof to be made to me within a reasonable Tinu^ after it has been found bv Ex-
perience, that the Method will answer, and be of ]iublick Utility: and of which ihe
honorabh; the General Court shall be themselves the .Jndges,—I will communicate
ray Method of making Potash, and the whole of my knowh'dge relative thereto.—
If it should not succeed the Sura grant(>d will not be paid; Imt if it should succeed
the Beiu;lit arising to the Province, will by many Degrees more tlian counterlialance
tlie Sum to be granted. This Proposal I pray the Favour of the honorable Conunit-
tee to comraunicate to the Great and General Court. I am Gentlemen,

Y'"IIunil)lo Servant

Boston March IG"' 17G7. W" Frohishkr."— Ibid.,

p. n:\2.

On tiie l!)th of March the committee, having been changed by the substitution of
Messrs. Taylor and Hussey for Col. Taylor and Mr. Dexter, and Capt. Tliayer in
plac^e of Mr. Ilancork, reporteil as follows: —

" The Cominittce of both Houses appointed on tlu^ 28"' of Jan>' la.st to encpiire into
the Process of making I'otash— & the several assays that have been ma<le for tixing
th(( standard; To whom also the Petition of W'" Frobisher toogetln-r with a former
Rei)ort of yoiirsaid Committee! relative to thesevc^ra! Assays(made in their Preseneo
& View) for assaying of Potash— & discovering when tlu^ same was adnltin-ated, &
to reiM)rt what may be i)ro]ier for tiu' Court to ilo thereon — Having duly considered
th(! same— Ilcport as follows— viz. That Ihe Petitioner AV'" Frobishi'r declared to
the Commitlee that he was not desirous of being eoneern'd as assayi'r of Potash — ;
but in relation to a uniform uuMliod of making good \- mercbantalile Potash, He de-
livered to IIm! (^onunittee (-('rtain Proposals in Writing (to l>e eomnmnicated to this
]lou'''"' Court) relative to the Discovery of such his method for the Beuelit of the
I'nblick, Which I'roposals are hi;rewith exhibited for the Consideration of the Gov-
ernmcrnt.

as as to wliat respects the Report which wa.s committed to us for Consideration —
We arc luimbly of opinion that for a.scertaining the Goodness & Purity of Potash &
I'earl ash that uiay be exposed to Sale for Exi)ortati(Ui, & discovering any iidultera-
tidu ther<'in— and for supporting th(^ Credit of those Commodities—, That one; or
iiiorc! ass:i>ers l)e ;ip|iiiinted by this Court—for assaying of the same, and that a
I'.ill be prepared \' brought in for setting forth their Duty, & regulating the Busi-
ness that sliall be a-ssigned them —

^^'llich is submitted —

W. lUtATTLK #''ordor."— /6id.,iJ. 634.

[Notes.] Province Laws.— 1707-G8. 999

This report was road, and the consideration thereof was rer<rred to tht first session
of the next Assembly.

At tlio May session, 1767, the present chapter, differing from chiip. 8, 17(iO-<)7, only
in the omission of § '_', and the exception in § T), of the former art, wa.s passed; and
nothing further of iiiii)i>rtanee rclatinjj; to this sulijei't appears in the records until
tlu^ third session, when another eoinniittee, eonsistinjj of Messrs. I'artridni-, Sheaffo
and Hall, was apiiointed l>y the House, "to consider of some methods to prevent
the adulteration ol potash, and to preserve that manufacture in thi; |irovince." To
this coininitti'c, Messrs Brattle auil Tyler, of the Counril, wen^ sulisetpurntly Joined.

Mr. Frol)isher, soon after, renewed his petition, rc-infurced, ikiw, liy the certitii-ato
of the " Two Emiuiueut I'hysitians " referred to therein, and a commendatory letter
from Renjamin Lincoln. Jr., to his father, in whose manufactory, at IliiiKham, Fro-
bislier had lieen iierformimj certain experiments illustrative of his method of making
potash. This petition, whi(^h, with the accomiianyin<; papers, follows below, waa
irumediateiy refm-rcd to the ooiumittee above named: —

"To His Excellency Francis Bernard Ksq The Honourable the Counsel and the
Honourable tlie House of Keprcsentatives in Cicucral Court Assembled .Jaiuiary.
ITdS Tiie huml)le petition of William Frobisher &c shew(fth That, in the year 17."»1
and 17.")'-'. your petitioner was upon the discovery of a process for makin:; pot: ;vslu.-s,
and in the year 175:5 discovered, what in fact was the desij^n of the IJrittish I'arlia-
nuMit, in granting the £:')00(): viz' forametlKjd, practicable and adapted to the cir-
cumstances ot the Colonists in general, wherelty they might make pot: Ashes equally
good, and merchantable with the b(!St then in demand, and which were then i)nr-
<-has'il of Forreigners. In the Year 1754. Your retitinner, made four Hogsheads anil
embark'd with them for London; where upon his arrival lu^ api>ly"d to two (immi-
nent Cliymists for Assay, and afterwards to asoap:maki'r for practical proof of
them, ali of whom declar'd tliem posses'd of all the Quality, of the best forrcign
Ashes: and as such declar'd their readyness in the publick prints, to give an attested
[iroof thereof. At this Juncture M"" Stevens, was upon his ajipl.vcation, and with
the Assistance of powerful Friends, obtaind the reward Abovemention'd; for the
discovery of, and making publick his process, which with the construction of his
utensils time has fully sliewn, to be so complex and expensive, that even persons
of Fortune could not Attain to the profitable use of them, and must have been at-
tended with the total overthrow of the Maiuifacture, had not the present, which is a
crude iinmitation of your petitioners process stept in. Thus disa|>pointed, your
petitioner had the additional misfortune by a great importation of Russia pot:
Ashes, which effected the design of the Russia Merchants in reducing the market-
able value of Americair pot: Ashes upwartls of 50 per Cent; and a warr with franco
which then broke out and enhanc'd the premium for Freight and Insurance, to bo
Oblidg'd to return to America, and meet his ruin without remydy; having in the
undertaking sunk his whole interest upwards of £700 sti^rling.— Since which time
the pot: Ashes made in America, have been so inferior in Quallity, and are now in
such disrepute, as to prevent the advantages of this Nol)le staple, becoming ."so ex-
tensive as otherwise they would. Your Petitioner at the recjuost of .John: Hancock
esq'' having made a thorough exammination into the several causes of this evil and
demonstratively prov'd tliem, with their remydy, in the presence of, and at the
Manufactory belonging to Benjamin Lincoln Jun"' Esq^ at Hingham. by divesting
the Alkaline Salts of every heterogeneous matter, even the Neutral salts themselves
in a practical course of woVk, which Neutrals Tho' a grand Objection when Left in
the Alkali, yet when .seperated appears to liave great Medicinal Advantages, a,s will
appear, (Two Emminent Pliysitians being willing to render the Honourable Court an
Account of them if desir'd)'. Your Petitioner lu'gs Leave to Observe, that his pro-
cess is calculated, to and has all the advantages of being simple, certain, and cheap,
that increases the quantity, and improves the quallity, from the same Mat«-rials
without Augmenting the expcuce of the jirocess.— Your Petitioner, thinks it uunes-
sary to enlarge on the advantages that may result from the publicaticm of his
Process to the Publick, farther than thus; the saving to the manufactorer in his
dust a.shes is vastlv considerable; the certainty of ai Flux which ha.s hitherto been,
and must continue'to be doubtful, after the present method of work, will be e.stal>-
lish'd; and the safetv of the merchant here in the purchas.-, as well his dependance
on its reception at hoiue will be secur'd; From all which premises, Your Petitioner
flatters himself, that very great .ailvantMges nmst arise from the publication of his
process, and your Petitioner, in ca.sc the Honourable Court should not think the
proofs he has alreadv given sutli<'ient, is willing to give siu'li farther satisfaction as
shall be bv them required, ami Your Petitioner in consideration of a (J rant of L'n-
Appropriated Lan<ls. such as the H<mourable Cotirt shall Judge Eqnall to his pa.st
Misfortunes, and the great pains and expenco hi' has been at in the prestnt improve-
ment, is willing to publish his Process, with the whole of his knowledge relative
thereto: and if the .said process does not i)rove it.self of Publick Utility, desires no
consideration, but if it should the Advantages must by far more than Counter bal-
lancc the Consideration. And Your Petitioner as in Duty lK)und Will ever Pray—

Wii.r.iAM FRonisiiEU."— /')H?., ;>. Ml.

" To the whole Court &c The encourajrement of useful Arts having ever luld an
high place in the Character of the most flourishing Strttes, Wc presume it will not
be taken amiss that we recommend to the notice of the Fathers of our Country a l»is-
( overy which by four or five months diligent api'lication, and dose olwcrvation. wo
have found singularlv beuefieial to ourselves and patienfs-M' William Frobisher
haviu" extracted a certain substartce from Potash in preparation, (which he ol.s.rve.i ,

much injures the commoditv if left with it) first applied to R. Hirons for his jiidgraent
upon it who after some examination took about two drams of it disolved in water
which gently operated three times as a purge, without th.e least griping, sickness

1000 pROvn^CE Laws.— 1767-68. [Notes.]

or uneasiness; and next day communicated the Salt with advice how it appeared
and had operated to T. Young. Y — order'd some sohitions, filtrations, mixtures of
acids and alkalies, ustion, decrepitation &c to be performed on it, at which H— was
also present and observing no signs of acid or alkali or anj' thing more than a strongly-
fixed Basis of Sea Salt, holding some affinity with the taste' of Ejisom Salt and oper-
ating in a fourth part the quantity with more ease and incomparably greater efficacy
as a lenitive purge, and beyond any thing else (of equal safety) ever tryed by either,
as a kindly ojiening and gently deterging alterative, have used it constantly ever
since, and their first stock being used up they on their behalf engaged M'' Frobisher
to make a batch of Potash on purpose to furnish them with the Salt abovementioned
which portion was found equally efiScacious with the former— The jirocess for obtain-
ing this salt being known only to M' Frobisher and Benjamin Lincoln Esq. as the
subscribers are informed, they think themselves in duty bound to give this inforn:a-
tion, that M'' Frobisher may be suitably regarded and tlie Country put in possession
of a medicine which every skillful Practioner, knows has been as great a disidera-
tum * in their Art as Longitude is in Sailing — Numerous instances of the above re-
lated Facts will be given at anj' time when called for —

1^ RlCfid IIlROXS

Boston Jani-y 1.5"» 1768 Tno YorxG

* A medicine that in a small quantity and not greatly disagreeable will scour not
only the first passages but effectually clear the Kidnies Liver and remoter glands of
any slimy or not innnovably fixed matter."— Ibid., p. 540.

"Hon'"^ Sir I have seen M'' William Frobishei's Petition to the General C(jurt in
which he Prays he may be compensated for his Great care pains & Expence in haying
made a thoro Examination into the Several causes why Our American Pot-Ashes
are of an Inferior quallity & for discovering the Same and a remcd3- thereof he men-
tions that his Process is both Simple and certain y' it Increases y Quantity and
Imjiroves y<^ Quallity without Augmenting the Expence and that he hath Extracted
from the Alkali a Neutral Salt which Neutral is of utility in the Medicinal way —
This I take to be the Spirit of his Petition and as therein he mentions my being
Present when he made the Experiment in Justice to his cause would Observe that
I am convinced his method of Preparing the Wood Ashes and his regular Process in
making the Pot-ash is to be Prefer'd to y<= method which I have Practised upon
there remains Littki or no doubt in my mind but that ujion his Plan the Quantity is
Increased & the Quallity of the Pot-ashes Improved by his Extracting therefrom a
Salt which upon trial is found to be a Neutral with other Foreign matter Intermixed
which Extraction Greatly Facilitates the Flux so that on the whole I am convinced
his method will reduce Pot-ashes uerer to one Standard of Goodness for the want
of which we have greatly suffered. —

Hingham Jan.^ 2'J'h 1708 I am Sir Your Obedient Son

Benjamin Lincoln Jun ". — Ibid., p. 54.5.

After this, except a message from the House, Jan. 2(1, ]7()8, that the committee
last appointed "may be directed to sit as soon as may be," and the substitution, at
the same session, of Mr. Danielson, for Col. Partridge, on the committee, and the
appointment of a committee, in the first session of the following year, to bring in a
bill (which was never reported), to prevent the adulteration of potash, and later, in
that session, the appointment of Dr. Calef, Major Doane, Capt Thomas and Mr.
Greenleaf, in place of the Speaker and Messrs. Otis, Sheaffo and Foster, on the com-
mittee to consider metliods to prevent the adulteration of potash, nothing further
appears to have been done. The present chapter was revived and continued, by
sundry acts, until after the adoption of the Constitution.

Chap.W. "June 11, 17()7. The Secretary delivered the following Message from
his Excellency the Governor to the two Houses respectively viz'

Gentlemen of the Council, and Gentlemen of tlu^ Ilonsi; of Ileiiresentatives.

Last Wint(>r I received a Letter from tlui Earl of Shell mrne signifying his Majesty's
Commands that Care be taken that a due, oliedieiK-e be paid to his i\lajest.v's IJoyal
Proclamation for restraining the Indian Trade and i)ri'venting encroaehinents upon
the Indian Country. I have reserved the communication of this until the subject
matter should come before you in the courses of lnusiness; which it does now liy the
time for i-enewing the Indian Trade Act coming on. I have more than once repre-
sented to his Majesty's Ministers that it is not in my power to carry 'ho Proclama-
tion into execution witlunit tlu' aid of the General Court; and that so far as it hath
been hitherto obeyed, has been elTeeted by means of tlu; aforementi(nie(l Act. I
now desire that you will take the whohi of the said Letter into consideration and
provide for what is required thercliy, either by the same Act, or by another as you
shall see cause. Fka. Beknakd."— C'oHHc^7

RrrordK, vol. XXVIL, p. 40.

" Juno 18, 1707. May it please your Excellency.

Your Excellency's Message to both llcmses of the 11 Instant together with his
Majesty's Royal I'roclamation for restraining tlu; Indian Trade & preventing En-
croachments upon the Indian Conntry. ;is also the Earl of Slicll)nrMe's Letter signify-
ing his Maji'Sty's Cdnimands liiat a due olicdicnci! be jiaid to the said ProchmiatioM,
we hav(! most attentively cunsidcred— And arc convinced that neither wer<' foinided
upon any Cnmjilaints against this Province by his MajestV's Supcrintendants for
Indian AlTairs. Nor will anyone presnme to say 'that tluMnost unprovoked vio-
lences and murthers which have been lately connnitted on the Indians under the ]iro-
toction of his Majesty ' were done liy this Govemint'iit; ' or that any oin^ S(>ttleinent
liath been made i>y ns without proper authority, and beyon<l the Limits jirescribed
by his Majesty's Uoyal I'roelamation of Xlit.i; or that Wo have made Settlenumts
beyond the utmost Boundaries of any Province in .America, in consequence of which

[Notes.] Province Laws — 17G7-G8. 1001

the greatest discontents among tlio Iiuliaus have arisen which inav t-udan^^cr tho
peace of his Majesty s Provinces, and tho safotj* of Ins Snhjects '— \Vc sjiy, inav it
please your Excellency, it is impossible that these Complaints were made against us
bec-ause they were without eveu a colour.

It is with pleasure that we remind your Excolleney and inform the world that
greater care was taken of the Indians by our pious ancestors during the old Charter,
and by this Government under the new. even to this day. than is ordered or recom-
mended either by the rioehuiialion or the Letter aforesaid— But aliout three vears
after tho arrival of our rorcfatliers the tiis: Settlers of the Land viz' Anno Domini
lli;!o they made a Law in these words. • That no jierson shall heiicefortii buv Land of
any Indian without License first had and obtained of the Ceneral Court; and if any
offended herein, such Land so boiii;iit shall be forfeited '--And lest the Indians
should be defrauded in their Trade in the same year they made a Law that no per-
son should trade with the Imlians for any sort of peltry &c excepting only such as
are authorized by the General Court under the i>enalty of one hundred pounds for
every offence. And so tender was their Herald for them upon other Accounts that
there were Indian Instructors provided; th<" Uibh- which they were then pirrfect
Strangers to, translated into Indian, as well as other Books the means of Instruction,
English and Indian ministers provided for them, the Gospel preached to them,
Churches gathered, some of which continue even to this day: Bj' Law severe jieiiai-
ties were to bo inflicted upon any that should sell them strong drink: By Law tho
Justices of every Shire were bound to give it in siiecial charge to tlx^ Grand .Jury to
inquire and present the Breaches of said Laws, Provision was therein made, that
when any damage should be done the Indians in their Fields, tho' unfeneed, it
should 1)0 made good by the Town where the Land lay. Provision was lik(-wiso
made for their being incorporated into Townships, they to be vested with all tlio
priviledges of other Towns. They were im])owered from among themselves to
appoint Indian Justices to hear and determine small Causes that might arise among
the Indians. This was the Care the Government took of the Indians under the old
Charter, and this very much endeared the English to them. The Indians had a
perfect confidence in the Government, lookd upon them as their civil and sjiiritual
Fathers, and went to them in all their difficulties ius Children to a Father.

May it please j'our Excellency — These are a few of the many Insfaiu'cs of tin;
Care our Forefathers took of the Indians: nor hath the Scene been changed at any
time since. There is now a standing Law of this Province made in the Keign of
King William and Queen ^lary, declaring every deed of bargain & Sale, li-ase. re-
lease &c of any Lauds, Tenements or Hereditaments within this Province as well
for term of years as forever procured or ohtained from any Indian by any iierson at
any time since the year Ki;!:!, the j-ear the abovementioned Law was uiadr. without
license first had and obtained, or that shall hereafter be made or procured without
the license & approbation of the Great and General Court or Asspinlily of this
Province for the same, shall be deemed & adjudged in the Law to be null and void
& of none effect. The same Care hath been and is now taken of them in every
other instance; there are Laws now subsisting prohibiting the English selling strong
drink or Trading with them, to i>reveiit their being drunk by the om? and cheated
by the other: there are Churches and Congregations of Indians in this Province to
whom the Gospel is jircaehod. ministers ordained over th(?m, the Sacraments ad-
ministred to them. Schoolmasters provided for tho instruction of their Children,
decent respectable Houses for jiublic worship erected, and all without the least
expence to them. There are Districts and Parishes in the Province wherein tho
English & Indians unitedly enjoy the same privileges; and in one of our Towns
they unite in voting for Bepresentatives — with respect to the Eastern Indians— By
the instigation of the French perhaps as inhumane as themselves: How miK'h ami
how many Cruelties have our people met with from them? How mui-h human
Llood have they spilt ? How much Treasure have they obliged us to expend '.'— Y(;t
wlien they desireu peace, did the Government ever refuse them ? and in the year
17'2G when a peace was concluded by the then Lieu' Governor Dummer, whose
memory is precious to them and us, there were Truck houses erected by a Law of
the Government, both in the Eastern and Western Frontiers, and the Trade
in them was put under the wisest & most equitable regulations in favour of the
Indians, and things are sold at the Truck house even to this day, to the Indians,
as cheap as they could purchase them singly at Boston. There is not one Tract of
I.and in the Eastern Country enjoyed by the English, but what Wiw pureliiised of
the Indian Sachems, their Deeds acknowledged and Reeorded; and when there has
l)een any Trespasses by any of the English upon the Indians, there hath been the
utmost lare taken by "the <3eneral Assembly, if sitting, if not, by the Governor &
Council to bring the ofTenders to condign Punishment.

Nor, May it please your Excellency hath the Government omitted anything that
can be suggested froin the princij '"s of humanity and justice from the year likt.'. t<.
this day for the interest of the Imlians in their sevi-ral dispersions throiitrhoiil the
whole Province: the conduct o( tho Government towards them we glory in, we
make our boast of as unrivalled— And we persuade ourselves that your Kxcellency
as the Head of the Province & its Father hath, or will make these Ilejircsentations
to his Majesty's Ministers. Upon tho principles of Christianity, upon the Itiiles of
good policv justice and equity we have ever acted towards them, .sensible that tho
violation of these principles will Ik; attended with fatal consequences, and that if a
due obeilience had been paid to his Majesty's Uoyal Proclamation, anil u due atten-
tion given to proper Restraints on the Conduct of the Indian Traders, those Evils
that took place in some of the SoutlMjrn Gove.nments u'l^lit have eflecfnullv Imm-ii
avoided— It is with the highest satisfaction we reflect uixjn the Governments Con-

1002 riioviNCE Laws.— 17()7-68. [Notes.]

duct relative to the Iiuliana all free and spontaneous on our part, especially as it so
liappily coincides with his Majesty's Sentiments.

And we do assure your Excellency that being animated by the same Principles,
we shall do everything that duty to the King and the Rules of good policy, of jus-
tice and equity to tlie Indians can require.

To the foregoing message his Excellency made the following Reply.
Gentlemen

I never understood that the Charges contained in the Earl of Shelburne's Letter
were particularly intended against tliis Province, as there have been no complaints
of tliis kind made from hence that I know of. There has been but one instance of
murther of Indians hapned within my time; and in that, the Government exerted
itself to the utmost to discover and punish the offenders, and to give satisfaction
to the Indians, in the latter of which we had all desired Success.

The Justice and tenderness which this Government has exercis'd towards the
Indians which have been intermixed with the people, is, I believe very well known;
such instances as have hapned within my time liave been faithfully represented,
and the Province has had full credit for them. But still, great care' remains to be
taken of the Eastern Indians who are not the objects of domestic regulations.
And this cannot be done without restraining the hunting and Trading of the Eng-
lish in their Country, which have been & ever will be the Causes of frequent offence
given to the Indians iu those parts. Injuries of this kind are much better prevented
than redressed. I therefore depend that you will carry into present execution the
Assurances you give me at the close of your Address, by continuing the present Act
for restraining private Trading with the Indians and hunting in their Country which
will otherwise expire with the present Session; or by bringing in another Bill for
the same purposes." — Ibid., p. 65.

Chap. 12. The following extracts are from minutes, in the Public-Record Office,
of meetings of the Board of Trade, held at the dates given with the respective
entries. They relate to the preparation of the letter to Gov. Bernard, from which
a copious extract is given below, respecting a proposed amendment of the annual
impost act, suggested by some features of the impost act of 17()0-()1 (chap. 18).

" SecontUy— to propose to him [Gov. Bernard] an amendment to the Act of 'Im-
post and Tonnage ' in order to render it more consonant to the Laws of Trade.

Thirdly — to desire him to transmit an account of the amount of the Duties
which have arisen upon the said Law for seven years last past, distinguisiiing the
amount under each particular Article and how much has arisen upon the Importa-
tion of Rum, Sugar and Molasses, the produce of foreign Colonies."— 'T/'i/fie Pa-
pers," (Feb. 2, 17{i2) vol. 64, p. 27.

"The Draught of a Letter to the Governor of the Massachusetts* having been
prepared conformable to the Directions upon tlie Minutes of j'esterdaj^ was ap-
proved and ordered to be transcribed." — Ibid., Feb. 3, p. 29.

" Upon consideration of the Act for granting to his ^lajesty certain Duties of Im-
post and Tonnage, it appears to ns, that it would bo more correct if in that part of
it where it states the duties payable upon Importation of goods in general, there
were some words which should restrain the importation of such Goods to those
Ships only, which by Law may trade thither.

If an amendment of this nature can be obtained, it will in our opinion render
the Act more consonant to the Acts of Parliament for regulating the Plantation
Trade, and therefore it is our duty to recommend it to your consideration, when
another Act shall be offered for j'our Assent.

The examination of tliis Act naturally leil us to enquire, what was the annual
amount of the duties imposed by it; wJiich we found charged in general in the
Treasurers accounts; but as it does not ajjpear from those accounts what has been
the amount of tlu; Duties njion eacli article, Wo should be glad j'ou would trans-
mit to us an account thereof for seven years last past distinguisiiing particularly
the amount of the duties upon Rum, Sugar and Molasses and wliat part thereof has
been paid upon these Articles imported ifrom Foreign Colonies." — Lords of Trade to
Gov. JlrnianI, Fih. 4, 17(;2: •M/.'.s.v. ISmj, I'.. T.," ml. 8{), /). i;!4.

" I will order llic i>roper Olliccr to make out an account of the duties of tunnage
and impost spc'cilying llu^ duties upf)n Itiim, Sugar and Molasses as well as he can
But I much dnuht wiicMicr be makes any distinction b(>t\veen Foreign Sugars &c.
aiul tlios(! of our own l<,h\nd<.." —lyt met from (Jov. Bernard's letter to Lords of
Trade, Man 17, 1762: ibid., ml. 7S, L. I., I'u.

"The account of the Impost and Tonnage recieived with your letter of the 17'*> of
May docs not at all answer to that wliich We niquired and expected since it does not
distingnish wliat part thereof arises upon tlic jiroduce of \]u\ British and what upon
Foreign Colonics; It was your dnfy to have insisted upon the prop(>r Ollicer making
out th(' account in th(! manner \Ve directed or to liave given reasons why he coidd
not, and it is with concern that Wr. are ()])|iged to repeat our Orders to you upon
this Ixrad and U> re(inire a punctual and due oliedienco to them." — Lords of Trade to
Gor. Jlcniard, Aec. 24, 17(i2: ibid., nil. H\, p. 144.

Upon the rec(Mpt of the impost act for 17(i;M>4, this subject again engaged the
attention of the Lords of Tradts, and they acccu'iliugly made the roi)ort or represent-
atiou to the Privy Council, from which an extract is given in the note to I7();>-(U,
chap. l!l, ante. The Privy (-ouncil tlierenpou passed the following order fur the
l>r<!paratiou of an additional instruction to the Governor. The instruction itself
follows this order and the minutes liereunder given of the action of tlio Board of
Trade in accordauco therewith:—

* Sic: "Buy" umltted.

[Notes.] Province Laws.— 17G7-G8. 10();J

"At the Court at St. Jamos's. the 20'h day of June ITIm.
I'rrscut
The King's most Excellent Maiestv in Council.
Whereas there was this day read at th(> lioanl, a Ileport from the Rifjlit ITi)nora-
hle the Lords of the Coiiiniittee of ("ouncil for Plantation Affairs, upon eonslderinfj
a Representation of the Ijords Commissioners for Trade and rianfations, upon sun-
dry Laws passed in liis Majesty's Colonies in America and partiiularlv upon an Act
passed in tlie rrovineo of the Massaclnisetts I'.ay in New Kn;;land "on tin- 'J7"' of
January 17(U, Entituied 'An Aet for jirantinij unto His Maji-sty several Rates and
'Duties of Impost and Tonnag<! of Shipping.' And it aiipeari'n;^ that liy a tMauso
in the said Act, a double Impost is directed to he paid for all floods in <:eneral Im-
]Hirtod hy the inhahitants of other Colonies, hy wiiich means it niislit so happen
that jjoods imported from Great Rritaiu and coming thro' the cliannel or interven-
tion of other Colonies would be snbjecteil to the payment of the Duties of Impost
as upon Foreign Commodities— Ills Majesty in Council taking tlie same into con-
sideration, is hereby pleased to order, that the saiil Lords Conunissioners for Tra<U)
and Plantations do prepare and lay before His .Majesty at this 15oar(l a Draught of
an additional Instruction for th(! Governor of the said I'rovinci^ to ])r(»enr(! an
ameiulment to bii made in that particular Clause exempting from Duties of Impost
all British Goods coming tliro' the Channel of any of the other Provinces or Colo-
nies on the Continent of North America or of the I5ritish West India Islainis,
together with all such Foreign Goods and Merchandize as shall be imported from
Great Britain either directed or through the intcrvtuition of other British Colonies
provided such Foreign Goods A*^" have paid the Duties in Great Britain

RoBEUT Wali'oi.k."— /6/(/., vol. 7'.», ^f. m., 7G.

" Wednesday July •-'2"<i ]7(i7

At a Meeting of His Majt>"» Commissrs for Trade and Plantations.

Present

Lord Clare

Sir Edwi Hawke. Mf Roherts.

M"^ Fitzherbert. M'' Robinson.

Read the following Orders of His Majesty in Council

Order of the King in Council dated June 2(!, 1767, directing the Board to prepare
and lay hefore His Majesty a Draught of an Additional Instruction to the Governor
of Massachusets Bay, to procure an amendment to he made in that particular ehuiso
in the Impost Act relative to all British goods coming thro' the Channel of any of
the other Provinces &c^ ,

The Draught of Additional Instructions conformable to the said Orders having
been prepared, were approved anil ordered to be transcribed.

Ci-ARi:."— " Ti-ade Papers,"
vol. fiO, p. 248.

" Ailditional Instruction to Our trusty and Welbeloved Francis Bernard Esqtiire,
Our Captain General and Governor in chief in and over our Province and Territory
of the Massachusetts Bay in New England in America; Given

Whereas it hath been rejiresented Xo us that by the Laws which have been here-
tofore annually enacted for several years past in our I'rovinee of Massaehnsetta
Bay, for granting several rates and duties of Impost and Tunnage of Shii)i>ing; sneli
Duties of Imjiost have beiMi estaltlished with an Exci'ption as to all goods of tlie
produce and manufacture of Gn^at Britain: But that in the Law last enacted for
this purpose, the said exception is varied, so as to admit a doul)t whether British
Goods and Manufactures import(>d into our said Province from any other Colony
may not be subjected to the saiil Duties; It is therefore Our Will and Pleasure, that
you do not upon any pretence whatsoever give your assent to any Laws for granting
any Duties of Impost upon Goods im|iorted, unless there he a Clans<! inserte<l
therein, exempting from Duties of Impost all Britisli Goods coming through the
Channel of any of our other Provinces or Colonies on the Continent «( Nortli
America, or of our West India Islands, together with all such Foreign gooils and
merchandize as shall bo imi>orted from Great Britain, either directly or througli the
intervention of other our said Colonies, provided such Foreign goods and nienlian-
dize have paid the Duties required by Law in this Our Kingdom of Great Britain."
—,Ti(l>f 24, 17ii7; "Mass. Bat/, B. T.," vol. »!, />. 2.'.!».

" Feb. 5, 17(;.S. The Secretary went down to the IIon.se of Representatives witli a
Message from his Excellency to af-qnaint them that he had received an Instruction
from his Majesty relative to the Impost Act occiisioned by a Clause in the Act
passed the last v'car, a Copy of which Instruction tlie Secretary laid on the Speaker'H
Table."— C'0"nci7 J.'rrorcU.'vnl. XX I'll., p. l.S.5.

" Feb. IL 17''8. Pursuant to agreement the two Houses jiroceeded to the choices
of Civil oflicers for the present year whi'U James Russell Esqr. was chosen Cum-
missioncr of Impost by a major part of the Council & House of Ilepresentatives.
Consented to by the Governor." — Ibid., p. li)8.

Ch<ip. 17. " Feb. 24, 1707. A Petition of Samuel Cobi) and Ofhers, Proprietors of
the Salt meadow Iving on the South side of Marthas Vineyard in Cliilmnrk and
Tishurv— Setting forth That for the preservation of said meadow the y .are obliged
to maintain Openings thro' the Bea<-li into the .Sea. That there is one Pond in each
Town where said Oi>enings should be ke[)t. and a communication between the two
Ponds, from whence arises a dilhculty with regard to opening both, so a.s to drain
the meadow suflSciently and let in the Salt u- oreservo the same. That the pond in

lOO-i Pbovince Laws. — 1707-68. [Notes.]

Chilmark has for about ten years past been kept open whereby the meadows in
Tisliury are ia a great measure destroyed. And jiraying Relief.

In the House of Representatives. Read and Orderecl that the Petitioners notify
the Proprietors of the meadows mentioned in the Petition, in Tisbury & Chilmark
by serving the Proprietors Clerk with a Copy of the same that they may shew cause,
if any they have on the second AVednesday of the nest Session of this Court why
the i>raver should not be granted. In Council, Read & Conc'^."— Council Records,
vol. XXVI., p. 417.

" June 3, 1767. A Petition of Samuel Cobb and Others Inhabitants of Chilmark
& Tisbury, Praying the interi^osition of this Court for th(! preservation of certain
meadows lying in said Towns, as entered the 2i"> of Feb^ last.

In Council, Read again together with the answer of Zachariah Mayhew & others:
and Ordered that William Brattle and James Russell Esq's with such as the honbiu
House shall join, be a Committee to take the same into consideration, hear the
parties (if present) and Report.

In the House of Representatives, Read & Concurred, and Cap' Bradford, Cap*
Herrick and Maj^Frye are joined in the afiaii."— Ibid., vol. XXVII., p. 18.

" June 11, 17G7. The Committee appointed the '6'^ Instant on a Petition of a
number of Proprietors of certain Salt meadows lying in the Towns of Chilmark &
Tisl)ury, made Report, That they liad heard the parties and advised them to refer
the matter in dispute to three discreet men; and that if the majority of the propri-
etors living in the respective Towns aforesaid shall agree to the advice given, they
have lilierty to proceed accordingly: but whether they agree or not, that the three
Gentlemen mutually agreed upon by s*! parties viz' Cap' Timo Folger, Messrs Will'"
Jarnigan and Thomas Butler make a full Report of their doings to this Court at
their next Session; to all which the parties agreed: The Committee were therefore
of opinion, that the matter be referred to the second Wednesday of the next sitting of
tills Court, and that the said Committee then make Report. Provided nevertheless
that notliing herein contained be construed to hinder anj' agreement of the parties
or the major part of them in the mean while, or any work that may be agreed upon
& be done in consequence thereof. Sign'd William Bi;attle#^ order.

In Council Read and accepted, and thereupon Ordered, That said Committee
chosen as aforesaid make Report of their doing at the next sitting of this Court to
which is further referred the consideration of this Petition: and that nothing in said
Report mentioned shall hinder an agreement of the parties, or prevent their accejjt-
ing the advice of said Committee, and their acting thereupon as shall be judged
most advisable by the major part of the proprietors and owners of said meadows.

In the House of Representatives, Read & Concurred." — Ibid., p. 40.
•

diKyi. ]!i " June lit, ]7(J7. A Petition of a number of the Inhabitants of that iiart
of Shrewsbury called Shrewsbury Leg— S(;tting forth— That they can with greater
ease attend the public worship in the second Precinct in Lancaster than in the Town
of Shrewsbury: and that the Town of Shrewsbury have voted to set fheni off, and
the Town of Laneastfu' to receive them. And praying that they may be set olT
accordingly and annexed to the second precinct in Lancaster.

In th(^ Ilouse of Rein-esentativcs. Ordered that ISI'' Thomas, Cap' Thayer and Colo
Williams witli sneli as llie hou'^i<= Board shall join be a Committee to take this Peti-
tion into consideration and report. In Council, Read and Concurred and Tbomsis
Flucker and John ^^'orthington Esq''* are joined in the affair." — Council liccords,
vol. XX VII., p. 78.

"Jan. 2'-', 17()8. The petition of that Part of Shrcicsburi/ called Slircw.^huri/ Lcij,
, entered June 20. [10th] and referred to this Session, was read again and committed

to Col. Wanl, to bring in a Bill. Re-considered and Ordered to lie on the Table." —
House Jounnd, p. 128.

"Feb. 1, 1708. A Petition of the Inhabitants of that Part of Wircu'^ti/jv/ called
Shrcionhury Le;/, praying to be set off to Lancaster.

Revived and read again, and Ordered, That Col. Ward, have Leave to bring in a
Bin."— Ibid. p. 143.

C/iap. 22. " Fel). 24, 17()S. In the House of i:ei)rescntatives. Ordered That Col"
Warri'U and Cap' Thomas with such as the hdn''!"^ Hoard shall join lie a Committee
to liiiiid a l>igiit hdusc near Plymouth 1 larlmur. In Council, Rciid and Concurred,
anil ( laniiilici J bad lord i'^sri' is jc lined in the a Hair. Consented to hv the (iovernor.

In the JIou.sc of Representatives. Oi'dered That Cap' SlK-alTe, Cap' Folger and
M' Hall with siK'h as the Imii'''*' I'.nard shall jnin Ix^ a Committee to prepare Instruc-
tions for a Commitlei! appointed to build a Light lioiisc near Plymoutii Harliour and
Report. In ('ouneil. Read and Concurred and John ]'h-ving and Nath' Sparliawk
Es(i"" an; joined in the alTair." — Council /I'crojv^s-, rot. XX VII.. p. 248.

" Mar. I, 17ii.S. I'hi; t 'onimitlee a|ipointeil tin; 21"' Itistaiit to prepare Instructions
to the ( 'oniniil tee appointed to huilil tin; Light honse at the entrance of Plymouth
I larlioiir maile report, and tliereiiiiou the following Order jiasscd \ i/.' —

In Council Read iK: sent down.

In th(! House of Reprcs<>ntativcs, Read and accepted And Ordered That the Com-
mitted! apixiinted to build a Light house near Plymouth Harbour be and lierelty are
directed and impowered to build an House; for that purpose on the Gurnet near
Plymouth Harbour' of tlie following dimensi<ins vi/' thirty feet long, twenty f(!et
high and fifteen feet wide, with a Lanthoru at each end to be large- enough for two
Lamps with four large wicks in <'acli lamp. The House to he Imilt of wood, and the
materials for the Lanthoru as usual. And the t'ominittee are further impowered to
agree; with the; owne'r eif the> Lanel at the- (Uirnet for the iirivih'elgt; e>t iiuileling a
Henise; there, anel take' seeunty leirsiieh jirivile'ge. In Council, Read and Concurred,
Consented to by the Governor." — Ibid., p. 2(>S.

[Notes. J Provixce Laws.— 1767-6fi. lOO;")

"June 15, 1708. In tlio TToiiao of Ronroapntativrs. Ordered fliat the Tinposf Of-
ficer 1)0, and hereby is directed to supply tli(! Li^jiit liou^e at I'lyiiu.iitli wiIli Oil and
other necessaries till llu' liirtlur Order of this Court, upon applii atiou from llie (.oiii-
niiltec appointed to a^rce with some meet person to keep .said J-i;^ht house. In
Council, Read and Concurred, ( ousciited to hy the (iovernor.

In the House of Keprescntafivcs. Ordered that Col" Warren and Cap' Thomas
with such as the hon''''' I5oard shall join he a Committee to a<;rce witTi a meet person
to take care of the Us'itlionse on the Guriu^t near riyinouth Harlionr now nearly
finished, to report at the next Se.ssion of this Court. And that the saiil Conunitteo
he instructed to prepare a proper adverti.sement to he lodged at tlie Impost Ofiiec,
setting fortli tliataLightliouse is there erected and the course' to steer with safety on
.sight tliereof at Sea. In Council, Read and Concurred, and Camaliid Bradford Ein\'
is joined in the alTair. ConseiUeil to hy the ( Iovernor."— //*/(/., //. :^"c'.

" Oct. 20, 1770. Ill the House o| Representatives, Voted that Col" Warren & Cap'
Anthony Thomas with such as the lion'''^' Roard shall join he a Conuniftee to take
Care of the Light house »)n the Ournet near I'lyniouth Ilarhouriind elTectually repair
and .secure the same. lu Council, Read & Concurred anil William Sever"Es(if is
joined in the affair. Consented to by the Rieu' Governor."— /<;/(/., to/. XXVJfl.,

p. ;J2G.

"Apr. 25, 1771. In the House of Representatives. Resolved that the Sum of
ninety eight pounds, seventeen shillings be jiaid out of the Treasury to tlie Connnit-
teea]>i>ointe(l to build the Light house on the Curne't near I'lynioutli Ilarboiw, which
Sum together with tlie Sum of nine hundred and seventy pounds already received
hy saitl Committee for that purpose is in full for the same. In Council, Read and
Concurred, Consented to by the Governor."— 7 6/'/., p. i")!.

"April 21,1772. A Petition of John Thomas Kee|)er of the Lighthouse on tlio
Gurnet at the entrance of Plymouth Harbour— Praying an allowance for his last
years service, which expired on the 14 day of Noveni^ last, and also a reimburse-
ment of the expence he has been at for Fuel at the said Light House.

In the House of Re]nesentative.s — Resolved that the sum of sixty pounds be al-
lowed and i»aid out of the public Treasury to John Thomas Esii"" for his services as
K(!e]ier of the Light House on the Gurnet for one year ending the 1-1 of Noveni'' last,
also the further Sum of eighteiMi jiounds, sixteen shillings for twenty t'ords of Wood
and Cliarci)al expended at said Light house, and the further sum of two |>ound8
omitted in his last account. In Council, Read and Concurred, Consented to bj- the
Governor."— /6it/., vol. A'A7A'., p. 170.

" Jan. 28, 1773. A Petition of John Thomas— Praying an allowance for his last
years service as keeper of the lighthouse on the Gurnet, ending the 14"' day of
November last, and also for Fuel expended for the use of said Lighthoust!.

In the House of Representatives— Resolved that the sum of Sixty |iounds bo al-
lowed and paid out of the jmblic Treasury to John Thomas Ksiy for his service iis
keeper of the Lighthouse in the Ciurnet for one year ending the 14 day of November
livst, and the further sum of twenty two pounds and sixteen shillings ft)r twenty
Cords of Wood and Charcoal exjiended at said I>ighthouse. In Council, Read and
Concurred, Consented to by the Governor." — Ibid., p. 438.

" July 2, 1775. The committee appointed to consider the expediency of removing
and securing the lamjis, with the oil, &c., from the several light houses within this
colony, have attended that service, and beg leave to lejiort as follows, viz.: That
it be recommended to the committee of corrcsiiondeiicc, or selectmen of the town of
Chelsea, to remove and secure, if practicable, the lani]is and oil from the light house
at the entrance of Boston harbor, with all the appurtenances thereto belonging;
also, that it be recommended to the committee of safety of the town of Gloucester,
that the same measures lie taken with respect to the light houses on Thatcher's
Island, so called, and that the keeper of said lights, with the several boats, cattle,
&c., be also removed from thence.

Furthermore, that it be recommended to the committee of correspondence for the
town of Plymouth, to remove and secure the lamps, oil, &c., from the light liouse at
the Gurnet, so called, w ith all th<' a]ipurtenances thereto belonging; and, that the
keepers of the several light houses as abo\ e sjiecified, be discharged from the service
of this colony, till the further order of this or some future Congress, or House of
Representatives." — Publixhid Junniul.s «j lh<: Provincinl C'oiif/nit.i, 1774-5, p. 442.

"Oct. G, 1775. In the House of Representatives— Resolved that there be imid out
of the public Treasury of this Colony to John Thomas Esq the .sum of one hundred
and thirty seven pounds nine shillings and six pence in full f)f his account for keep-
ing the (iurnct Light House eighteen months and snpolying the same with wood,
oil, candles &csent up for concurrence In Council Read and concurred Con.sented
to by 15 of the Council."— CVj'/ic// liCrdids, vdI. XXXI., p. 210.

" JFeb. 2, 1778. In the Hou.se of Representatives. On th(! Petition of Hannah
Thomas, Executrix to the last Will and Testament of John Thomas ICsn"^ late of
Kingston in the County of Plymonth Deceased, Praying for an Allowance for keep-
ing the Light-House on the Guriiett at the entrance of Plymouth Harbour One vear
five Months and Nine Days einling the Twenty third Day ol April i^eveutecn hun-
dred an(l Seventv live, at which time the Lights were extinguished. Resi>lved, That
there be allowed" and jiaid out of the Treasury of this Stat*- to Hannah Thomas the
Petitioner, in her .said Capacity, the Sum of Eighty Six Pounds ten Shillings in full
for the Services as aforesaid." In Council Reail and Concurred Consented to by
Fifteen of the VowncW."- 1 bid., vol. XXX 11//.. p. 27.S.

" In the Plvmouth Lighthouse Bill, the Trust is directed to be managed by a
Committee of' the House of Representatives this is certainly not analogous lo onr
practice here, yet does not seem materially faulty in such u i:aae."—Iicport <>/ Jlichnrd
Jackifon, Jan. 14, 1771: " Mass. Bay, D. T/' voL W, O. o., r,.

1006 Province Laws.— 1767-68. [Notes.]

Chap. 25. " May 28, 17G3. In the House of Representatives. On a ^Slotion made
antl seeonded Ordered that Colo Clap, M"" Trowbridge, Mi" Tyler, ]M' Oris and Brig""
Dwif^ht with such as the hou'^' Board shall apjioint be a Committee to eonsider the
State of the boundary Lines between this Government and the Province of New-
Hampshire, the Colonies of Connecticut and New York; and make report as soon
as may be.

In Council Read and Concurred and the hont^'^ Thomas Hutchinson Esq"" James
Bowdoin, Israel Williams and NatW Sparhawk Esq" are joined in the Affair. " —
Council Records, vol. A'A'F., p. 9.

" June 1, 1703. The Committee appointed the 28"' Ins' to consider the State of the
Boundary Lines between this Government and the province of New nam[ishire.
and the Colonies of Connecticut and New York having made report, the following
Order passed thereon viz'

In Council Read and Accepted. And Resolved that His Honour the Lieu' Gov-
ernor be desired in the Recess of the Court to prepare a very particular State of tho
Controversy between this Government and the Governments of Connecticut and
New York respecting the Boundary Lines between them,

* " * * * * *

& that if the said States Shall be prepared before the General Court shall sit again,
that the same be laid before the Governor and Council, and that the same being
approved of by His Excellency and the Board be transmitted by the Secretary to
the Province j\.gent In England, as they shall direct: otherwise to be reported at
the next Session of this Court. In the House of Representatives Read & Concurred.' '
—Ibid., p. 19.

" Dec. 28, 17G3. The honourable Thomas Hutchinson Esq'' having presented his
report made by order of Court respecting the State of the controversies between
this Government and the Governments of New York and Connecticut respecting tlio
boundary lines between them. * * The same was passed on as follows viz'

In Council December 22'i 176.3. Read and sent down

In the House of Representatives December 28"' Read and Ordered That this Re-
port be accepted, and that the Secretary l)e directed to transmit the same to M'
Agent Mauduit as soon may be. In Council Read and Concurred Consented toby
the Governor."— 7'')/r?.. p. 10.3.

" Oct. 30, 1764. The Secretary by order of his Excellency the Governor comnuini-
cated to the two Houses a Letter from his Honour the Lieu' Governor of New York
accompanying tho Copy of an Act passed by the L(\gislature of that Province in-
tituled ' An Act for facilitating tho Settlement of the Partition Line between the
Colony of New York and the Province of the ^lassachusetts Bay ' : and likewise
delivered the following Message from his Excellency referring thereto viz'

Gentlemen of the Council and Gentlemen of tho House of Rejiresentatives.

I hereby communicate to you a Letter I have received from the Lieu' Governor of
New York, and recommend the same to your consideration, together with the
inclosure

Province House, October .30, 1764, Fka. BERN.ARn.

In the House of Ilepresentatives: Read and Ordered That this Message with tho
Papers accomi)anying the same be committed to the Gentlemen of both Houses
appointed to prepare a defence of the territorial Limits of this Province &c to con-
sider and report.

In Council (Nov 1) Read and Concurred." — Ibid., p. 304.

" Nov. 2, 17i t. In till- House of Reprcisentatives. Ordered That the Sum of Thirty
pounds 1)(^ ])aid out of the Public Treasury to the hon''''- Thomas lliUcliinson l'"s(/
in full for stating the Case of the Province of th(^ Massachusetts Bay and New York
respecting tlu; Boundary lAne between the two Provinces; and all other Services
performed by his Honor at tlu; special desir(i of the General Court.

In Council Head and Concurred Consented to by the Governor." — Ibid., p. 311.

T\u' foregoing extracts sufficiently exjilain why the name of Lieutenant-Governor
Hutchinson stands lirst in tho commission aiiiiointcd to setth; the boundary between
the provinces of New York and the Massachusetts Bay. Ho ha<l enjoyed excep-
tional opiiorlnniti<'S for the study of the rise and jirogress of the western settle-
inc^nts, and for a <'orrect uiulerstauding of the conHieting claims of juiisdiction by
the contiguous goveruuu'uts, in the jireiiaration of Ills hist(n"y of his native province,
traditions of the government of which, in many nni>nl>lished details, he had derived
from liis kinsmen and associates, who had held imiiortant public positions. He
had, also, while serving on tho connnittee, doubtless gathered information, and
gain(>d experience, in his intercourse with tlie re|)resentatives of tiio neighboring
gov<'rnineuts, peculiarly aihantageous in negot iai ing tor his constituents; and, more-
over, he had reeeived, i'or his laliors, a reward, tioni llie jiroNinee treasury, that was
gen<Tous, by tlie, stanclard then ]>re\ailing. It would, tlieri'tor(>, have b(>en imi>rudent,
aawell as vindictive, to have, virtually, sujierseded liini in an office for which he had
become (|ualilied partly at the jiublie exiieuse— and iu which, by his acknowledged
learning, industry and address, Ik^ could reiulcr uncciualh'd service to the i)rovince,
— solely because of his known obsequiousness to the C!rown, especially when that
office afforded no chance f(n- the betrayal of the rights of his constituents, through
servility to tlu! Crown or through ambition for its preferments.

It is, jierhaps, unnecessary to ad<l that uoliiing their coiucmporaries have alleged,
or the s<'riUiny of time lias revealeil, justifies the suspicion that tho political oppo-
nents of Hutchinson, were, as a body, capable of being actuated by sjjito, envy or
revenge, iu tlicir conduct of publi<- alTairs.

These facts shonhl be borne in mind when the following i>assagi' is read: —

" The house was brought to a |)ublick at'cusation of tho li<>utenant-governor
Such, however, was the iuconsiatoncy of conduct, that, a few ilays after this charge

[Notes.] Pkovixce Laws.— 17G7-68. 1007

of ambition and lust of power, whioh had special reference to the several posts ho
sustained, the same house of representatives, in conjtinciion with tin- ccjunf'il, added
another, thongli temporary, yet very important post, liy elceiin;^ him Iht; lirst of three
commissioners empowered to adjust and settle a eontroversey loiij; siilisistinfj be-
tween the two provinc-i'S of Massachusetts Bay and New York, respectiiij^ their
boundary lines. This was the tnore observable, because it had lonjj been the; priw;-
tiee, with scarcely an instance to the contrary, to confer such places on such only ua
were members of one or other of the houses of assembly." — liutchinson's Hint, ituts.
Bay, vol. 3, p. 177.

ACTS,

Passed 1768.

[1009]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-fifth day of May, A.D. 1768.

CHAPTER 1.

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

Be it enacted by the Governor, Council and Honae of Representa-
tives,

That the sum of thirteen hundred pounds be and hereby is granted Oram of £i,:!<i«
unto his most excellent majesty, to l)e paid out of the public treasury, to onurin^l'l'ij^ii
his excellency Francis Bernard, Esq^'^i^nVe]. captain-general and gov- Kuvi-mor.
ernor -in-chief in and over his majesty's province of the Massaeluisetts
Bay, to enable him to carry on tlie affairs of this government. \_Passed
May 27 ; published June 30.

CHAPTER 2.

towncifiimiilijr
dcKcrilMvl.

AN ACT FOR INCORPORATING THE SECOND PARISH OF SOUTH H AD-
LEY, IN THE COUNTY OF HAMPSHIRE, INTO A TOAVN BY THE NAME
OF GRAN BY.

"WiiEKKAS the inhabitants of the second parish of South Iladley labour ivoambic.
under many difliculties and inconveniences, by reason of their not being
incorporated into a town, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the second parish in the district of South Iladlev, nonn<ij of iiip
with the inhabitants and their lands, as hereafter described; viz'''.,
l>cgin[?(]ing at a pine-tree, marked, standing in Springfield line, one hun-
dred and sixty perch west of Stoney Brook, and on the edge of a large
grassy pond Tand, from said tree, to rini, nortli, six degrees west, to a
ditcli* ten rods east of Kbenezer Snow's house ; thence, north, seven
degrees thirty minutes west, one iuindred and fifty-five perch, to Stoney
Brook, at the south side of Benjamin Church's lot ; and tlicn. down said
brook, to the north-east corner of the l)ridge, called Chnrcirs Bridge,
over said brook ; and, from thence, to the south-west corner of Nathan
Smith's home-lot[t] ; from thence, to the north-west corner of tiie heirs
of Samuel Moody's house-lot, to a stake and stones on the southerly
side of the road leading up Cold Hill ; then, running, easterly, upon the
southerlv side of said road, luitil it comes to the road leading from said
Cold llill, to Phineas Smith's; then, ruiniing. on the southerly and
80Uth-westerl3' side of said road, initil it comes to the county mad lead-

lOU

1012

pEOVt^N^cE Laws.— 1768.

[Chap. 2.]

'iran'by to join
with HacUey,
&c., in the
clioico of repre-
Bentatives :

—to be notified
of the time and
place of mect-

Bouth Hadley

parish-line,

described.

Granby to have
their proportion
of town Block,

— and to pay
tlicjr proportion
of tile charge of
the poor.

—and of all
town, county

ing from Amherst to the west meeting-house in said South Haflle)' :
then, running northerlj-, and on the easterh' side of said county road,
until it comes to the land of the heirs of Peter Montague ; and, then, to
run, easterly, in the dividing line between said Montague's heirs and
Phineas Smith's land, until it comes to the land of Ilczekiah Smith ;
then, to run, on the easterl}- side of Moses Montague's land, and land
of the heirs of Peter Montague, deceased, until it comes to BatchoUor's
Brook ; then, up said brook, until it comes to the dividing line, on the
north side of said brook, between Joseph Moody's and Eleazer Nash's
land ; then, running northerly, in said dividing line, until it comes to
the count}' road aforesaid ; thence, northerly, a strait line, until it
comes to where the road leading to Noah Moody's crosses Ellmer's
Brook, so called ; then, on the easterly* side said road so far as the same
is laid out ; and, from thence, north, six degrees and au-half west, to the
northerly line of said district, — be and herebv is incorporated into a
town b}- the naiue of Granby : and that the said town be invested with all
the powers, privileges and immunities that othpr towns in this province
do or may by law enjoy, that of sending a representative to the general
assembly onh- excepted ; and that the inhabitants of the said town sliall
have fall power and right, from time to time, to join with the town of
Iladley in the choice of a representative or representatives, who may be
chosen from any or either of the towns or districts within the original
limits of the an[c][i]ient town of Hadley, and be subject to pay their
proportionable part of the charge ; in which choice they shall enjoy all
the privileges which, bj- law, they would have been iutitlod to if this act
had not been made ; and the selectmen of the town of Hadley shall
issue their wari'ant to one or more of the constables of the town of
Granb}', requiring them to notif}' the inhabitants of the town of Granby
of the time and place of their meeting for such choice.

Provided, however, —

And be it further enacted,

[Sect. 2.] That the land[s] of Phine[h]as Smith, not included by
the line aforesaid, within the town of Granby, be annexed to, and con-
sidered and accounted as part of, the said town of Graul\v, and shall
enjo}' privileges and do duties there as part and parcel of the same.

And he it farther enacted,

[Sect. 3.] That the dividing line between the town of Gi'anby and
tlie first parish of South Iladle}', be and hereby shall be the parish line,
for the future.

And he it farther enacted,

[Sect. 4.] That the said town of Granby shall have their propor-
tion of the monies, in the treasury of the district of South Hadle}', that
are not appropriated ; and also their proportion of what is assessed and
not collected shall be divided between the said town of Granby and
the first parish in South Hadle}^ agre[(']able to the last province tax ;
and also the said town of Granby sliall have their proi)ortiou in the
town stock of ammunition, school money, weights and measures, pound
and stocks, and schoolhouse.

And he it farther enacted,

[Sect. 5.] That the expenceto whicli the district of South Hadley
are sulijected for the support of their present poor, shall, for the I'uture,
l)e borne and discharged liy the said distiict and the said town, in the
proportion as they i)aid to the province tax set on said South Hadley
for the last year.

Provided, nevertheless, —

And he it farther enacted,

[Sect. C] That the said town of Granby sliall pay llicir proportion
of all town, county and [trovince ta\<'s already set on or graii(e(l to be

[1st Sess.] Picovin<ji: Laws.— 17G8. 101:]

raised b}- said district of Soiitli Iladlcy, as if tliis act had not liccn nn.iprovii.co
made. u>.xt».

And be it further enacted,

[Sect. 7.] That Eliezer Portei-, Esqf^^, of Iladley, he and hcrchv EUuzcr Porter,
is inipowered to issue his wariant, directed to some princ-ipal inlial)itant m1tUn«of"iho
in said town of Grauhy, riMiuirini^ liini to notify and warn th*- inlialiit- iiiimbiiunu.
ants of said town, qnalilii-d by hiw to vote in town alfairs. to meet at
such time and place as shall be therein set forth, to cliuse all siieh
ollicers as shall be necessary to manage the affairs of the said town.
[^Passed June 11.]

CIIAPTEE 3.

AN ACT FOR INCORPORATING THE NORTH-WESTERLY PART OE DEER-
FIELD, IN THE COUNTY OF HAMPSHIRE, INTO A DISTRICT BY THE
NAME OF SHELBURNE.

Whereas it appears to tiiis court that the incorporating tlie north- Preamble.
westerly part of the town of Decrfield, in the county of Ilampsliire. into
a separate district, would relieve the inhal)itants already settled there
from man}- difficulties tlie.y now labour under, and tend greatly to
encourage others to settle thereon, —

Be it therefore enacted hy the Governor, Council and House of
Representatives,

[Sect. 1.] That the north-westerly part of the said town of Deer- noun.iHcfthe
field, bounded as follows; viz^'^., begin[/i]ing at the north-westerly ^hcf^uVnc
corner of the district of Greenlield ; from thence, southerly, upon the
west line of the said Greenfield, to the south line of said Gieenlic-ld ;
thence, east, upon the said south line of said Greenfield, until it come
to a line in said Deerfield, called the Seven-mile Line; thence, south-
erl}-, upon the said Seven-mile Line, to the south side of the lot on
which John Taylor now lives ; thence, westerly, upon the south line of
said lot, to the west end of the said lot ; thence, southerly, upon a line
parral[?]el with the said Seven-mile Line, until it comes to the south
side of the third lot from the said Taylor's lot ; thence, upon a line
extended westerly, the same point of compass with the said soutli
line of the said third lot from the said Taylor's lot, until it meets with
the north line of Conway ; thence, upon the said north line of the said
Conway, to the north-west corner thereof; thence, upon the west or
westcriv line of the said town of Deerfield. to the north-west corner of
said Deerfield ; thence, upon the north line of the said Deerfield, to the
first-mentioned bounds. — l)e and herel)y is erected into a district by the
name of Shelburne : and that the inhaljitants thereof be vested with all
the powers, privile[d]ges and immunities which the inhabitants of the
towns within this province do enjoy, excepting only the privile[d]ge of
sending a representative to the general assembly; and that the inhabit- t<> join with
ants of the said district shall have liberty, from time to time, to join in'ciuM'ii.inK ri'j>
with the said town of Deerfield in the choice of a representative or rep- rc»tnttttivc«.
resentatives ; which representative or representatives may be chosen
indifTcrently, from the said town or district, or the districts of (Mcenlleld
or Conwa}- already joined with the said town of Deerfield ; the pay and
allowance of such representative or representatives to be b(jrii['] l>y
the said town and the sai<l districts, according to their respec-tive pro-
portions of the province tax; and that the said town of DeerfieM. a.s TownofDwr.
often as they shall call a meeting for the choice of a representative or itc.'lim"fo/*
representatives, shall, from time to time, give seasonable notice, to the "uch cboicc- to

lOU

PiioviNCE Laws. — 1768.

ICiiw. 4.]

be roade, in said
town.

Shclburne to
pay their pro-
portion of taxes,
as hcrtin set
forth.

Thomas Wil-
liams, Esq., to
notify the first
meeting.

Qualification of
voters.

clerk of the said district of Shelburne for the time being, of the time
and place for holding said meeting, to the end said district may join
therein ; and the clerk of the said district shall set up, in some pul)lic
place in said district, a notilication thereof accordingly ; the meeting
for the choice of a representative or representatives to be hekl in tlie
said town of Deerfield, and to be regulated by the selectmen of the said
town of Deerfield.

And be it farther enacted,

[Sect. 2.] That the said district of Shelburne shall pay their pro-
portion of all town, county and province taxes, already set on or granted
to be raised, as if this act had not been made ; and that of the sum set
on the said town of Deerfield, as their proportion, with other towns, to
a tax of one thousand pounds, for the future, the said town of Deerfield
shall retain the said sum, except the sum of eight shillings and six-
pence ; which shall be deducted from the said sum. set on the said Deer-
field, and put on the said district of Shelburne, as their proportion of
public taxes.

And he it further enacted,

[Sect. 3.] That Thomas "Williams, Esq'^'"^., be and hereby is impow-
ered to issue his warrant, directed to some principal inhabitant in the
district of Shelburne, requiring him to warn the inhabitants of the
said district to meet and assemble, at some convenient time and place,
in said district, in order to chuse such officers as. by law, towns arc
impowered to chuse in the month of March, annually.

And he it cdso further enacted,

[Sect. 4. J That the inhabitants of the said district of Shelburne
who, in the last tax in the town of Deerfield, were rated one-half part so
much for their estates and faculties as for one single poll, shall be
allowed to vote in their first meeting, and such other meetings as may
be called in said district, until a valuation of estates shall be made b^'
assessors there. \_Passed June 21 ; published June 30.

CHAPTER 4.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF EIGHTEEN
THOUSAND POUNDS.

Treasury sup-
plied with
£18,000.

How approjirl-
utud.

Whereas no provision is made to defr[e][a]y the charges of the
government for the present year ; and whereas the treasurer has repre-
sented to this court, that, when the taxes for the year one thousand
seven hundred and sixt3--seven are paid into the treasury, there will be
a surplusage in the treasury of at least eighteen thousand pounds, —

Be it enacted hij the Governor, Council and House of Rejiresenta-
tives,

[Sect. 1.] That tlie treasurer be and he is hereby directed to appl}'
the afores[a/Jd sum of eigliteen thousand pounds to defr[e][(f]y the
cliMrges of goverinnent for the ensuing year, to be issueil in the manner
following; that is to say, the sum of sevi'ii thousand i)ounds, part of
the aforesaid sum of eighteen thousand pounds, shall i)e applied for the
payment of grants made or to 1»<> made by this court ; and the further
sum of three; thousand five hundred jjouiids, i)art of the aforesaid sum
of eighteen thousand pounds, shall be applied for the iiayment of hia
m.'ijt'sty's council, and the meml)ers of the house of representatives
serving in the great and general court during tlie several sessions of
the present year ; and the further sum of five hundred pounds, part of

[1st Sess.]

PiioviNci': Laws.— 17G8.

101.

the aforesaid sum of eii^hteen tliousaiul pounds, sliall l)e applied for the
purchasing provisions and th«' eoniinissary's disluu-s[f'Jnieut9 for the
service of the several forts and garrisons within (his province; and
the further sum of two thousand pounds, part of the afc^resaid sum of
eighteen tiiousand pounds, shall l)e applied for the discharge of debts
owing iVom this province to persons wlio have served and shall serve
them, by order of this court, in such mattt'rs and things where there is
no establishment nor any certain sum assign[r']d them for that purpose,
and for i)a[)er, writing and printing for tliis court, and repairs of the
province-house, court-house, lighthouse[s] ; wood at Castle William,
and repairs of fortifications within this province ; and the further sum
of four thousand pounds, part of the aforesaid sum of eighteen thousand
pounds, shall be applied for the payment of expcnees of the several
forts and garrisons within this province; and the fiu-ther sum of nine
hundred pounds, part of the aforesaid sum of eighteen thousand i)ouiids,
shall be applied for the payment of the b<junty upon wheat and flour ;
and the further sum of one hundred pounds, part of the aforesaid sum
of eighteen thousand i)ounds, shall be applied to pa}' such contingent
and unforeseen charges as may arise, and for no other purpose what-
ever.

And be it farther enacted.,

[Sect. 2.] That the treasurer pay the aforesaid sura of eighteen Treafluicr u>
thousand pounds out of such appropriations as shall be directed by Ijutof'tiK-'ap.^
warrant, and no other ; and the secretarv to whom it belongs to keej) propiuuionn
the muster-rolls and account of charge, shall la\' before the house of warrau'i.
representatives, when they direct, such muster-rolls and accounts of
charge, after paj'ment thereof. [^Passed June 23 ; published June 30.

CHAPTEE 5.

AN ACT IN ADDITION TO AN ACT, INTITLED "AN ACT FOR ERECTING
THE NEW PLANTATION CALLED HUNTSTOWN, IN THE COUNTY OF
HAMPSHIRE, INTO A TOWN BY THE NAME OF ASUFIELD."

Whereas by the act, intitled '"An Act for erecting the new planta-
tion called Huntstown, in the county of Hampshire, into a town l)y the
name of AshQeld," it is, among other things, enacted " That all taxes
already raised for settling a minister, or that may be raised for his sup-
port, for building a meeting-house, clearing and re|)airiug roads, be
levied on the several proprietors of said plantation, according to their
interests, until the further order of this court ; and that said inhabitants
and proprietors of said town, proceed by tiie same rules, in levying an<l
collecting said taxes, as proprietors in new plantations are obliged, by
law, to observe " ; which i)aragraph in said act is, in several respect.s, in-
sufBcient for the purpose for which it was designed, and some provision
is absolutely necessary, to enable the i)roprietors of the lands in said
town to levy and collect the monies l)y them already granted for the
purposes aforesaid, and to enable them to grant, assess, levy and collect
such further taxes and assessments as may be necessary for the [same
purposes *], —

Be it therefore enacted hj the Oovernor, Council and Jlome of
Represen ta.tives ,

[Sect, i.] That the proprietors of the lands in said town of Ash-
field, divided or undivided, be antl tiiey are hereby impowered, at any
meeting or meetings of said proprietors, warned and called agrc[e]able
• In the parchment these two words arc obliterated.

Dinallowcil by
the privy coun-
cil. .luly 31,
1771.

Preamble.
1765-06, chap.
13, $ 3.

Proprietor* of
lan<lK In .\»h.
Held t<> choodc
officer* :

1016

Pkovince Laws. — 1768.

[CiiAr. 5.]

1712-13, chap. 9.

— and a^ee
upon raising
money,

—on the 250-
acre rights.

Preamble.

The 250.acre
ritj'hts subjected
to the payment
of taxes :

— otherwise the
lands may be

sold.

1761-62, chap.
44.

to the directions of one law of this province, made in the twelfth year
of the reign of her late inajestv Queen Ann, intitled "An Act directing
how meetings of proprietors of lands, lying in common and undiWded,
may be called," b}' a major vote of said i)roprietors, to be collected
according to their interest in the same lands, to make choice of a clerk,
treasurer and assessors, and ain* other officers that proprietors of
common and undivided lands may chuse ; and also ma}- agree upon the
raising, assessing, levying and collecting all such sums of mone}- as the}'
shall judge necessaiy to coinpleat the building and finishing of their
meeting-house, and the settlement and support of their minister, and
for the laying out, making, clearing and" repairing of public and private
wa3-s there, until this court shall otherwise order ; and that the monies
so granted shall be assessed upon the lands, of each original right in the
said town, that are already laid out or agreed to be laid out, being two
hundred and fifty acres to each right ; and that eveiy part of the said
two hundred and fifty acres, in wliose hands soever the same may be,
shall be and hereb}' is subjected to the payment of its proportionalile
part of such monies so granted for the purposes aforesaid.

And zvhereas, before the act of incorporation aforesaid, a tax of forty
shillings, on each original right, was agreed upon and assessed b}' said
proprietors, which is but parti}' collected ; and, since the said act of in-
corporation, another tax of twenty shillings, on each original right there,
has been agreed upon and assessed, and no part thereof collected ; both
which taxes were, by said i)roprietors, agreed upon and appropriated to
the purposes aforesaid onl}', —

Be it enacted,

[8i:CT. 2.] That what remains unpaid of the said two taxes, and all
future taxes that may be agreed upon and made, agre[e]able to the
foregoing provisions in this act, shall and ma}' be levied of the said two
hundred and fifty acres already laid out, or voted and agreed to be laid
out, by said proprietors ; and every part of the said two hundred and
fifty acres, in whose hands the same may be, shall be liable to the pay-
ment of a proportionable part thereof; and that if any i)roi)rietor of any
such lands, as aforesaid, shall neglect or refuse to pay his [jroportion of
any such taxes heretofore duly assessed, or hereafter to be assessed,
agre[e]able to this act, the assessors of such taxes are hereby impowered
to make sale of such delinquent proi)rietor's land there, fin- the payment
thereof, in the same manner as hath heretofore been pi'ovided in an act
or law of this province, made in the second year of his present majesty's
reign, intitled "An Act to subject tlie unimproved lands witliin this
province to be sold for payment of taxes assessed on them, by order of
the great and general court, and Aotes and agreements of the propri-
etors thereof, and to enal)le proprietors of new plantations to levy
province and county taxes laid on them." [^Passed June 2-i ; published
June 30.

"* * * 1)y tins Act the proprietors of Lands in tli(( abovo Township of Aslifiokl
are impowcrfd to levy anil collect sncli Taxes and Assessments as they shall jiidgo
necessary to conipleaii lh(> Imiklint; of a IMeetini^ Ilonse and for setflinijand snpi)ort-
ini; an independent, Minister; And tiiis Act, further directs that the Monies so
{^ranted shall he assessjul upon the Ijands of each ori^jinal ri^ht in the said Town
consist injj; of 'ITA) Acres each every part of which in whose hands soever the same
may he is mad(^ subject to tlu; jiayiucnt of its proportionable part of such niunius so
granted for the (Mirposes aforesaid.

This ("lanse, whereby all persona of whatever sect or persuasion in religion, occu-
pyini^ Lands in this Township are ecpially and indiscriminately taxed for the sujv
jiort of the Independent ("liurcli therein established, is in our ojiinion cipially unusual
an<l iinrcasonaliie particularly in the case of the Si'ctcominonly called the Antiiio-
(lobaptists, it appearin;^ that out of seventeen families of which this Township, at its
first settlement consisted, twelve of them werc^ of Xhv above sect or persuasion, We
tlicreforci beg leave humlyly to propose to Your Majesty to signify Your Royal disal-
lowan(H! of this Act."— Representation of the Lords of Trade, May 31, 1771: "Afass, Bay,
JJ.T.,"tvl.m,p.-M'J.

[1st Sess.]

Province Laws.— 1708.

ion

CHAPTEK G.

AN ACT IMPOWERING THE ASSESSORS OF THE TOWX OF WINDH.UI
IN THE COUNTY OF CUMHERLAND, TO ASSKSS, YEARLY, FOR THKEE
YEARS NEXT [I][A]XSUIN(;, ONE l'KN[.V]Y I'ER ACRE 0.\ EVERY OF
THE HUNDRED ACRE LOT[T]S IX SAID TOWN ALREADY LOTTED
OUT, AND NOT OTHERWISE TAXED; MINISTERIAL AND SCHOOL
LANDS LYING IN SAID TOWN, EXCEPTED.

Be it enacted hy the Governor^ Council and House of Representa-
tives,

[Sect. 1.] That the assessors of the town of Windliani, in tlio
count}' of Cumberland, be and hereb}' are authorized and impowered
annual!}- to assess, for three years next [i][p]nsuin_<r, one l)»'n[</]y per
acre on every of the hundred acre lotts already lotted out in said town,
not otherwise taxed : uiinisierial and school lands lying and biing in
said town, excepted ; and that the said town of Wiudhani Ije inipowered.
at each and every of their ann[a][/]versary March meetings, for the
said three years next [i][e]usuing, to chusc one collector, an inhal»-
itant of the town of "Windham, to serve for and during the year for
which he shall be chosen, and to take the oath commonly taken by
collectors of towns ; who shall well and truly collect the sum and sums
assessed by the afores[cn']d assessors, in pursuance of this act, on the
hundred-acre lots in said town as aforesaid ; and that one lialf of the
money that shall be raised b}- said tax, be paid, by the collector for
the time being, into the hands of the treasurer of said town of Windliam
for the time being, to l)e, b}' such treasurer of said town of Windliam,
annually, appl[y][/]ed to the [i)aying the] minister[.s] and other town
charges ; the other half to be paid into the hands of the proprietors'
treasurer for the time being, to be, b}- s[f(/]d ju-oprietors or their order,
annually appl[y][0*^f^ to the opening and making passal)le such ways,
alread}' planned or laid out, as still remain in [a] wilderness state in
said town of Windham.

And be it further enacted bn the authorit)/ aforesaid,

[Sect. 2.] That if any collector or collectors, didy chosen at either
of the annual March meetings in said town of Windham, during the
term aforesaid, shall neglect or refuse to serve in said oflice, the collector
so neglecting or refiis[e]ing shall forfeit and pay the sum of five poimds,
to the use of said towu, to be recover' [c]d in manner as the law
directs for prosecuting persons refus[e]ing to serve in the ofTice of a
constable ; and the said town may and are hereby impowered to chuse
another collector in his or their stead.

[Sect. 3.] And if any or either of the proprietors and owners of
the said hundred-acre lots, or either of them, not otherwise taxed, lying
and being in the town of Windham, shall neglect or delay to pay to the
collector or collectors for the time l)eing, tiie sum from time to time
levied or assessed upon their hundred-acre [lott or] lot [t]s as aforesaid,
for forty days after such assessment is made, and published by posting
up DOtilications thereof in said town of Windham, in the shire town of
the countv of Cnmiierland. and in Marblehead, that then an<l in such
case it shall and may be lawful for such assessors to post u]). in s[(ii"]d
town of Windham, the shire town of the county of Cumberland, and in
Marblehead. notifications of the intende<l sale[.s] of so nuich and n«i
more of such delinquent proprietors' lands as they shall judg*- necessary
to pay such rates and taxes, and other necessary and intervening
charges, two months before the same be sold ; and if any of the said
proprietors of the said hundred-acre lots do not, by that time, pay such

Aii*o)iiioif of
tlic Inwii of
Winillium to
ll^HvHH, miiiuuliy,
(iiif |Miiny |KT
acre oil ihu lUO-
ucTi- lutH In Bold
town.

CoMoct'>ni to b«
chofcn to re-
ceive- ami pay
tlio inoiiey lo
tlip town
treoourcr:

— to l)c applied
to the making
poDSable ways.

Penalty on col-
leclont n'funing
to nerve.

Other collector*
to be chosen.

Awtesnon to
IKmt, an<l make
sale of, lanila of
delinquent pro-
prietors.

1018

PiioviNCE Laws. — 1768.

[Chap. 7.J

Overplus money
to be returned.

Right of re-
ilcmption, re-
served.

A town-meeting
to be called in
July.

rates or assessments and charges, then and in that case it shall and
may be lawful[l] for the assessors, at a publie[kj vendue, to sell so
much of the delinquent proprietors' lands as shall be sufficient to paj'
the tax and charges arising upon tlie sale of said laud, and execute
absolute deed or deeds, in law, for tlie conveying of such lands to the
person or persons who shall give most for tlMJ same ; which deed shall
be good and valid, to all intents and purposes in law, for convej'ing
such estates to the grantees, their heirs and assign [e]s forever ; and
if the said land be sold for more than the taxes and intervening
charges, the overplus to be paid to such delinquent proprietors, or their
order ; the money for which the delinquent proprietors' lands shall be
sold, to be lodged in the hands of the treasurer of the town of Windham
and the proprietors' treasurer, in equal[l] division, reserving to the non-
resident proprietors, whose lands shall l)e sold as aforesaid, a right of
redemption for themselves, their respective heirs and assign[e]s, within
twelve months from the time of the sale of such delinquent proprietors'
lands, tlie}- paying the sum or sums for which the lands were sold, with
double interest until the same be redeemed.

And be it further enacted,

[Sect. 4.] That the inhabitants of Windham be and hereb}' are
authorized and impower'[e]d to call a town-meeting, some time in the
month of July next ensuing, to ehuse one collector, an inhabitant of
Windham aforesaid, and that, for the j^urposes aforesaid ; to serve in
said office this present year. [^Passed June 24 ; published June 30.

CHAPTER 7.

AN ACT FOR THE REMOVAL OF THE PRISONERS FROM HIS MAJESTY'S
GOAL IN THE COUNTY OF BARNSTABLE, TO HIS MAJESTY'S GOAL
IN THE COUNTY OF PLYMOUTH.

Preamble.

I'rlsonors to be
riiiiovrd from
r..iriiKlul)lc to
riyiiumtli.

Whereas it has been represented to this court, by the justices
of the court of general sessions of the peace, in the county of Barn-
stal)le, tiiat the goal in that county is insufficient, and that the said
justices have ordered a new one to be built, which is ready to be erected
in tlie place where the old goal stands ; and thej- desire the aid of this
court for the removal of the prisoners that are or ma}- be commitled to
goal, in the said county of Barnstable, while a new goal is building
there, —

Be it therefore enacted by the Governor, Council and House of
Rejyresentatives,

[Sect. 1.] Tliat the sheriff of the county of Barnstable be directed
to remove the prisoners in the goal in the county of Barnstal»le, to his
majesty's goal in the county of Plymouth, while the new goal is building
in tlicsaitl county of Barnstable ; and the sherilf of the count}- of Plyjn-
outli is hereby impowered and directed to receive such i)risouers into
his custody, and the same safely to keep, until the goal in the county
of Barnstable is fitted to receive them again, or may be otherwise dis-
charged l)y due oriler of law; and also to receive any prisoners into
IMyinouth goal, tliat may be committed, by lawful authority, from the
county of Banista1)le, while the goal in that county is building; and
the sherilfof the county of BarnstMl)le, or his deput^y or deputies, are
hereby fully authorized and impowered to remove the prisoners that
are or may be in Barnstalile goal, at the lime said goal is about to be
pulled down, to the goal in IMyinouth aforesaid, and deliver them to the

[1st Sess.]

Province Laws.— 17G8.

loll)

sheriff of the coiiiUy of Plymouth, that he may eonfiiie tlu'in.iii Plym-
outh goal, as aforesaiiK until tin- goal in IJariistahU' is nitcd td ri'ci'ive
them; and so soon as the goal in tlio county of IJanistaldc is finisiic<l.
the sheriff of the county of Barnstable, or iiis deputy, arc hcrel)v also
directed and inii)o\vered to remove such of the said prisoners as shall
then be detained in custody there, i)ack to \_to] tiie goal in IJarnstalile.

[Sect. 2.] And the sherilf of tiie county of IJarn.stalile, aiid any
other officer or officers of the saiil county, or of any of tiie towns in said
count}-, that, at any time during tiie building said goal, shall have any
execution, warrant or process whatsoever, l)y virtue of which they might
legally commit any person or persons to tiie goal in said c<junty of
Barnstable, if the same were lit to receive and restrain tiiein, shall be
and hereb}' are impowered to conimit such i)erson or iieisons to the
goal in said county of Plymouth ; and the sherilf of the said county of
Pl^-mouth shall be and he [is] hereby [/.s] imijowered and directed to
keep and detain such persons in the same manner as the sherilf of the
said county of Barnstable would have been if they had been committed
to the goal there ; and that any person or persons obstructing or hinder-
ing the said officers and their assistants in removing or committing any
prisoners as aforesaid, shall be liable to the same pains and penalties
as for opposing and obstructing such oQicers in the execution of their
several offices, in similar case, in their own respective precincts.

And be it further enacted,

[Sect. 3.] That the sherifi'of the county of Barnstable, as well as
the said count}- of Barnstable, be liable to make good all damages that
may arise upon the escape of any prisoner or i)risoners for deljt, or any
other prisoners, on their removal to Plymouth goal, and back again, in
the same manner as the}' are now respectively liable to, in case of such
prisoners escaping out of the present goal in the county of Barnstable.
[^Passed June 24 ; published June 30.

To l)p rc-Miovr<I
hack when
Hnnixtalil. jitll
in IIiiUIkmI.

Sliiriflrofllir
ciiiiiily "f
IJ;iriiAta)>|i- c-m-
IMiwiri'd tiicutn-
lllit |iriMllllT» to

riyinuutli Jail.

Slitrlffof Plyin-
uiiili Cuunty to
(leluili mich
priitoneni.

IVnalty for
opIKl^ill|; «uch
otUcon.

Sheriff ami
coiinly of Harn-
stable, liable foi
citcupcit in
removing.

CHAPTER 8.

AN ACT TO ESTABLISH A TOLL ON THE BRIDGE LATELY BUILT
OVER THE WESTERMOST BRANCH OF SACO RIVER, FROM BIUDE-
FORD SIDE TO INDIAN ISLAND, IN THE COUNTY OF YORK.

Whereas the bridge lately built over the westernmost branch of Saco preMnbi*.
River, from Biddeford side to Indian Islaml. has lieeii erected at a great
expence to the undertakers ; and the said bridge is found to be of
general use and public utility, — which expence it seems reasonable
should be refunded and paid to the undertakers, and the bridge for the
future be supported, and kept in good repair, —

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

[Sect. 1.] That from and after the twentieth day of July next, the T"II «••»»»>.
said bridge be a toll-bridge, for the term of five years ; and that there Ite ^•JrJj'^u
paid by every footman who shall pass said l)ridge, the sum of one jwiiny ;
and for eveiy man and horse, the sum of llireepencc ; and for every
two-wheel chaise, chair or sleigh, and horse, with the travellers thereiu,
sixpence ; for every team with a cart or sled, the sum of sixiKJiico ; for
all horse-kind or neat cattle, a penny i)er head ; and for every four-
wheel chaise, including passengers, one shilling ; and no more.

And be it farther enacted,

[Sect. 2.] That Amos Cha[s][r]e, Thomas Cutis, nenjamin Na- ^;;;;;;',;^f •«;;„ ,
sou and Thomas Gillpatrick, who built the said bridge, be and liereb\ ;;'"i".,^i,'Jref*

I lie
mU«.

1020

PiioviN'CE Laws, — 1708.

[Chap. 9.]

lime of his
attc-udance.

To account for
inuiioytj he shall
receive,

— and render an
account to tliia
court.

Penalty for re-
ceiving raoro
than the rates
herein specified.

How to be Uis-
posed of.

are impowerecl to appoint some suitable person to reeeive said tolls,
who shall be approved of by the court of general sessions of the peace
in the count\- of York, and who shall give such securit\- for the faithful
performance of his dnt}- and attendance at said biidge, as the said court
of general sessions of the peace sliall. from time to time, order ; and
the said person so appointed and apjjroved of as aforesaid, shall faith-
fully atlend [//y>o/i] his dutv, and [at] all times l)e ready, between the
hours of five o'[f the] clock in the morning and nine in the evening, to
admit any person to pass the said bridge, upon the penalty of twenty
shiUings for any neglect ; and in case he shall not be i)resent to admit
persons to pass the biidge, between the hours of nine in the evening
and five in the morning, lie shall leave the passage free and open.

AjkI be it farther enacted^

[Sect. 3.] That the said person so appointed and a[)proved of as
afoix'said, shall, from time to time, when demanded, exhibit an account
of the monies he shall receive as aforesaiil, on oath, if required, to the
said Amos Cha[s][c]e, Thomas Cutts, Benjamin Nason and Thomas
Gillpatrick, their heirs and assigns, and pay them the same ; which
monies, to be received by them by virtue of this act, shall vest in them,
their respective heirs, executors and administrators, in equal parts and
shares, for and during the term of five 3-ears.

And he it further enacted,

[Sect. 4.] That the said Amos Cha[s][c]e, Thomas Cutts, Benja-
min Nason and Thomas Gillpatrick, their heirs and assigns, shall keep
the said bridge in good n-pair ; and that said tolls shall be continued
during the aforesaid term of five years ; and they, and each of them,
are hereby impowered to refuse a passage over said bridge to any per-
son or persons, till the payment of tiie tolls required by this act.

And he it further enacted,

[Sect, o.] That tlic said Amos C'ha[s] [f]e, Thomas Cutts, Benja-
min Nason and Thomas Gillpatrick, tlieir heirs and assigns, shall keep,
and exhil)it to this court, w'lien required, an account of all monies
received by tolls, by virtue of this act, and an account of the expences
of supporting the said bridge.

And he it further enacted,

[Sect. G.] That if the keei)er of the said bridge shall, at any time,
demand or receive a greater toll llian what is reijuired and allowed by
this act, he shall, for cveiy such olfenee, be subject to the penalty of
twenty shillings.

[Sect. 7.] And all penalties and fcjrfeituivs arising by virtue of
this act, or an}' clause therein, shall be disposed of in the manner fol-
lowing; \\7yK, one half to and for the use of this government, to be
paid into the i)rovinec treasury ; and tlie other half to hiin or them that
shall sue for the same in any of his majesty's inferio[H]r courts of
common pleas, — or before an}' justice of the peace, when the said pen-
alty doth not exceed the sum of fort}' shillings, [i^ts.serf June 24 ;
published June 30.

CHAPTER 9.

AN ACT TO ENABLE TIIK ASSESSORS OV TlIH TOWN OK ClIAllLEMONT
TO COLLECT ALL IlIH TAXES GRANTED ON TIIE LANDS IN TIIE
SAID ClIAllLEMONT.

Preamble. WiiEiiEAS the general comt. at (heir session in Feliruary, in the year

one thousand seven hundred aii<l sixty-seven, ordered tiiat a tax of one
penny per acre, yearly, for the term of tiiree years, be granted upon

[1st Sess.]

Province Laws.— ITtlR.

10'21

all the lands iu the said town of Charlemont, — ptiMiok lands cxfoiitt'd—
and that tho money thoroby arising; sliould he apiilicil as lollows ; to
wit, lifty pounds, part of the said money, towards linisliini,' tlie int'ct-
ing-honse already set up in the said towii of Charlemont ; and that the
remainder of the said money lie applied to pay for preaching tlie gos-
pel and settling and supporting a minister: whieli said tax remains
unpaid ; and tohereas there is not any i)rovisiou made for eolleeling the
said tax, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the assessors for the said town ol' Charlemont, for
the time being, are empower' [e]d and required to assess the sum of
twopenee per acre, upon the owner or owners, proi)rietor or propriwtors,
of all the lands in the said town of CharU'm<yit exeept the lands as
before excepted, — being twopence of the said tax granteil as aforesaid ;
and in case the proprietor or proprietors of any of tlie said lands shall
neglect or dela}' to pay to the said assessors the said sum of twopence
npon the acre, assessed on him, for sixty days alter such assessment is
made, and published by posting up the same in some publick i)laee in
said town of Charlemont, and iu the sliire town of the county of Hamp-
shire, that then and in such ease it shall and may be lawful [1] for the
said assessors to post up, in some pul)Iic[k] place iu the saiil Charle-
mont, notifications of the intended sale of so much, and no more, of
such delinquent proprietor's land as they shall judge necessary to pay
and satisf}' the said tax of twopence npon the acre, and other neees-
sar}- aud intervening charges, three mouths before the same is sold ;
and also the said assessors shall be obliged, for the notification of tlie
non-resident proprietors, to advertize, in all the several Host(-u news-
papers, three several weeks, the intended sale, at least three months
before the land ho sold ; and if ain* delinquent proprietors do not. by
that time, pay the said twopenny tax, and charges, then and in that
case it shall and ma}' be lawful for the said assessors, at a puliliek
vendue, to sell, and execute absolute deeds, in the law, for the convey-
ance of, such lands of the proprietors, to the person or persons who
shall give most for the same ; which deeds shall be good and valid, to
all intents and purposes, in the law, for conveying such estates to the
grantees, their heirs and assigns. Ibrever ; and if the said lauds be
sold for more than the tax and charges, then the overplus money, aris-
ing b\- such sale, to be paid to such delinquent proprietor, or his order :
the monc}' which such lands shall i)e sold for to be lodged in the hands
of the treasurer of the said town of Charlemont. who is hereby directed
to attend the orders of the said assessors, for iKiyment of the same,
according to the intentions and meaning of the sai(l grant ; reserving to
such non-resident proprietors as are not inhabitants of this i)roviiice.
their heirs or assigns, liberty of redemption of their lands so sold. —
they paying to the grantees, or their heirs, respectively, whhin one
year afterwards, the sums for which the said lands were sold, with
double int[e]rest untill the same be redeemed.

And be it further enacted,

[Sect. 2.] That the assessors whieli shall and may be chosen for
the said town of Charlemont, for the year one thousand seven hundn-d
and sixty-nine, are empower[e]d and refjuired to assess one penny per
acre upon the owners or proprietors of the lands in the said town of
Charlemont, except the lands as before excepted ; which .'^aid assess-
ors for the said year one thousand seven hundred and sixty-nine, for
the assessing and collecting the said one-penny tax. are to proceed
in the same manner as the assessors of the s:iid town cf Charlemont, for
the time being, are emitowered and required; and liie proprietors of

Twopoiiro piT
iirrc, cr.-inK'il un
IjiikIh ill Cliiirli-w
munt.

In ca«<' of non-
paviiU'iil, l:uiiU
to !»• Bol.l. aftiT
due- iiulilleiition

Overplus raonpj
to he loilgiHl
with the
troamircr of
Kiitl town.

Rt'wrv.illon
rrniMTtinif pro-

{irirtom iiol In-
labitanlx of tiM
province.

AM«M>on dl.
rocteil.

1022

Province Laws.— 1768. [Chaps. 10, 11.]

AseesBors to
pay the money
coflectcd, to the
treasurer of
Cbarlcmont.

any of the lands so sold, and who arc not inhabitants of tliis province,
shall and may have tlie same liheity fur the redemption of their lauds,
as is above granted to proi)rietors not inhabitants of this province, for
the redemption of their lands sold for the payment of the said two-
pen nv tax.

And be it further enacted,

[Sect. 3.] That the said assessors for the said year one thousand
seven hundred and sixty-nine, shall pay the money arising b}- the said
sale, for the payment of the said one-penu}' tax and charges, to the
treasurer of the said town of Charlcmont for the said year one thou-
sand seven hundred and sixty-nine ; and the said treasurer is directed
to attend the orders of the said assessors for the said j'car one thou-
sand seven hundred and sixty-nine, for the payment of the said
mon[e]y, arising by the sale of the said lands for the payment of the
said one-penn}' tax and charges, according to the intentions and mean-
ing of [the] said grant. \_Passed June 24 ; published June 30.

CHAPTER 10.

Act to prevent
damage at
Nobscugset.
] 749-50, ch. 15.

Kor regulatintr
the standard of
■wheat.
1762-63, ch. 19.

To prevent dam-
age in Plymouth
■woods, &c.
1765-66, ch. 12.

For proserva-
lioii of Piym-
otitli Beach and
Harbor.
1765-66, ch. 20.

(Continued to
August, 1770.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS THAT ARE
EXPIRED, AND NEAR EXPIRING.

Where A.S the several acts hereinafter mentioned, which are now ex-
pired or near expiring, have been found useful and beneficial; viz"'.,
one act made in the thirtieth year of the reign of King George the
Second, intit[?t]led "An Act to [)revent damage being done on the
lands lying in the township of Yarmouth, called Xobscusset ; " one
act made in the third year of his present majesty's reign, intit[»]led
'•An Act declaring and regulating the standard of wheat imported
into this province, and for preventing alnises by millers;" two acts
mado in the fiftii year of his present majesty's reign ; one, intit[*/]led
"An Act to prevent damage lieing done in the woods in Plymoutii,
Sandwich, Barnstal)le, Falmouth and Wareliam. by hunting with houn<l3
and dogs ; " the other, intit[*;]led "An Act for the preservation of the
l)each and harl)our in the town of Plymouth," —

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

That such of the before-mentioned acts as arc expired, be revived,
and such of said acts as are not yet expired, be continued, with all
and every clause, matter and thing, therein respectively contained, and
shall be in force, until the lirst day of Angust, one thousand seven
hundred and seventy, and no longer. \^Passed June 24 ; published
June 30.

CHAPTER 11.

AN ACT FOR CONTINUING AN ACT INTrr[r]I,KD "AN ACT FOR ESTAB-
LISHING AND REGULATING THE I'EES OF THE SEVERAL OFFICERS
WITHIN THIS I'ROVINCE, HEREAFTER MKNTIONED," MADE IN THE
FIFTH YEAR OF HIS PRESENT M.V.Il'.STVS REKJN.

Pronmblc.
1764-<Jfi, chnn.
SO.

WiTKUEAS the act iiitif [»]lt'd " .\n .Act for establishing and r(\gulating
the fees of the several olIiciTs within this province, hereafter men-

[1st Sess.]

Province LATrs.— 17fi8.

10-2:1

tioncd," made in the fifth year of his present majesty's reign, is near
ex[)iring, and having been found useful and beneficial, —

Be it therefore enacted by the Governor, Council and House of
Mepresentat ives ,

That the act aforesaid be continued, with all and every article, clause,
matter and thing therein contained, and shall be in force until the last
day of the next session of the general court, and no longer, IPassed
June 28 ; published June 30.

Tho net oon-
liuucU,

CHAPTER 12.

AN ACT FOR BUILDING AND MAINTAINING A BRIDGE OVER THE
GREAT RIVER, IN WESTFIELD, IN THE COUNTY OF HAMPSHIRE.

"Whereas a bridge over the great river, in Westfield, in tlie county of
Hampshire, at or near the common fording-jjlace, near the dwelling-
house of William Day, upon the great road from SpriugficUl to West-
field, is necessary, as well for the inhabitants of the other towns in said
county, as of the said town of Westfield ; and the l)uilding and main-
taining a bridge there would be a burthen too great for the town of
"Westfiejd, considering the charges they liave already laid out. and must
exj^end, in building and maintaining man}' other bridges in .saiil town, —
Be it enacted by the Governor, Council and Ilouse of Rcpresentatices,
That the court of general sessions of the peace, in and for the said
county of Hampshire, be and hereby are authorized and impowered to
build and maintain a cart-bridge, sixteen feet wide, across the great
river, in said "Westfield, at or near the fording- place near the dwelling-
house of William Day, upon the great road from S[)ringfield to West-
field, at the charge of the said county of Hampshire ; and the said court
of general sessions of the peace, for said county, are hereby impowered,
from time to time, to assess and tax the inhal)itants of the several towns
and districts, in said county, in such sum and sums of money as the
said court shall agree upon and order, for the building, maintaining and
repairing the bridge aforesaid ; which sum or sums so ordered at any
time to be raised for the purpose aforesaid, shall be added to each town
and district's county tax, in proportion as thev severall}- paj' to the
province tax, for the time being, and be paid into and drawn out of the
county treasur}', for the uses and purposes aforesaid. \_Passed June
30.

Preamble.
17ft4-<J5, chap.

Court of general
SPHsiotiH em-
powerej to
build mill iiiniii-
Utiii a bridge at
Woslfleld.

— and til t:ix llic
ncvcral Iowiih
In the county
for the same.

CHAPTER 13.

AN ACT TO PREVENT A FAILURE OF JUSTICE, BY MEANS OF
OFFENDERS, IN ANY OF HIS MA.TESTY'S COLONIES ON THLS CONTI-
NENT, ESCAPING INTO THIS PROVINCE, OR FROM ONE COUNTY IN
THIS PROVINCE INTO ANOTHER, TO AVOID THE PUNLSHMKNTS OF
THEIR OFFENCES.

"Whereas it often happens that persons who have conunitted criminal rreamuio.
offences in other of his majesty's colonies, before they can be appre-
hended, flee into this province, and by that means, thr<)'[»(///] the
difficulty and delay that must generally attend a legal arrest of such
oflenders and sending them back for a proper tryal. do escape the pun-
ishment their offences justly deserves ; for preventing whereof, and to

1024

Province Laws. — 1768.

[Chap. 14.]

Justices of the
peace empow-
eivil to i.-iriiie
their warrants
against otl'end-
urs escaping
from otlicr
colonics :

— may commit
or convey such
otTendcrs to the
confines of an-
other colony.

Preamble.

A justice of the
p«ice may act
in the same
manner, with
respect to
offtiiders escap-
ing from another
county.

render the proceedings in such cases more easy, legal and expeditious
for the future, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That when and so often as any criminal offender or
offenders in anj' other of his majesty's colonies, shall make his or their
escape from justice, and come into tiiis province, and any proper process
shall issue against such person or persons Avhcrc he or they committed
such offence, and he or they shall be pursued, and followed into this
province, it shall be in the power of any of his majesty's justices of the
peace within this province, in their respective counties, on application
to them made, to issue their warrant against such offender or offenders,
that they may he l)fought before them, or some other of his majesty's
justices of the peace for said county, to be examined thereon ; and if
thev shall think proper, on such examination, they may ami hereby are
imi)owered to commit, or, by warrant under their hands and seals,
directed to the sheriff or his deputy, or the constables of the several
towns, as vaay be necessary-, to send and convey such offender or
offendei's to the confines of such colony from whence they have escaped,
and there to deliver such offender to some pro[)cr officer in such colony,
that they may be holden to answer for such offence according to law,
there ; and, where it shall be necessary, such offender be conveyed
ihvo' \xigh~\ several counties in this province, in order for his being
returned to the colony where he offended as afores[at]d, every of his
majesty's justices of the pea(5e, in their several and respective counties,
shall be and the}' are hereb}- impowered, by warrant, as aforesaid, to
order and direct the conve^'ance of such offender thro'[?/j///] their several
counties, towards the place where he offended.

And for the furtherance of justice in the most easy and expeditions
manner, where such offenders in any one count}' in tliis province shall
escape into any other count}' in tlie same, —

Be it further enacted,

[Sect. 2.] Tiiat when and so often as an}' justice of the i)eaee in
any county within this province, on complaint t(j him made, shall issue
his warrant against any criminal offender, for any ollbnce committed in
such county, and the said offender siiall have escai)ed into any other
county, it shall be in the power of any justice of the i)eace in such
county where such offender is, to proceed in the same method, in appie-
lu'iidiiig such offender and sending him back for tryal to the county
from whence he came, as in the case aforesaid, where the offender shall
have come from another colony. {_Pas.sed June 30.

CHAPTER 14.

AN ACT FOR SUPPLYINO TIIl^ TREASURY WITH ONE HUNDRED TIIOU-
.SAND POUNDS, TO 1!K APPLIED 1"0U THE REDEMI'TION OF (iOV-
ERNMENT SEt;URITlES THAT AVILL BECOME DUE IN THE YEAll
OF OUR LORD ONE THOUSAND SEVEN HUNDRED AND SIXTY-NINK.

Prramhic. WiiEREAS, ill aud by au act made and passed in the seventh year of

1.^7-08, chap. 7, |,jj^ m;) ji-gty's r«'ign. intitled " An yVct for supplying the treasury with
the sum of one hundred and twenty-five tliousand I'ight hundred and
fifty jxninds, to be applie<l for the redemption of govi'rnment securities
lliaf will become dut; in tlie year of our Lord one thousan<l seven hun-
dre(l and sixty-eiglit ." among other things it is enacted that a tax of

[1st Sers.]

PROVTN(n': T.AWS. — ITlifi.

1 ()•?.■■)

one luiiuliod and llurty-two Uiousund one linndrcd and forty-two i»oiiuds
ten shillings bo levied on polls, and estates hotli real and personal
within this province, to enable the treasurer to discharfje the receipts
and obligations that will become due in June, one thousand seven hun-
dred and sixty-nine ; and in case the general court shall omit levying
and proportioning such tax at their session in June, seventeen hundre(l
and sixtv-eight, the treasurer of the province, by the act aforesaid, is
directed to issue and send forth his warrants, directed to the assessors
or selectmen of each town and district within the province, reriuiring
them to assess the polls, and estates both real and personal within their
several towns and districts, for their resiK'ctive parts and proportions
of the sums before directed and engaged to be assessed ; diid irheroos it
is uncertain whether the new valuation can be conipleated, so tlint a
tax can be levied and apportioned, this session ; and this court looking
upon it as a matter of the last importance to support the faith nnd
■?rodit of the government : and as the [)Ossessors of the government
securities that will become due in June, seventeen hundn-d and sixty-
nine, are willing to continue their money u[)on loan, payable at a fur-
ther period ; therefore, —

Be it enacted by the Governor, Council and House of Representa-
tives,

[Sect. 1.] That the treasurer l)e and he lu'ri'by is dii-ect»'d not to
issue forth his warrants as aforesaid; and that he be and he hereliy is
directed and [e][i']mpowered to borrow, of such person or persons as
shall appear ready to lend the same, from time to time.'as he shall have
occasion for the money, a sum not exceeding one hundred tiiousand
pounds, in mill'd dollars at six shillings each, or in the several species
of coined silver and gold enumerated in an act, mnde and passed in the
twent3--third year of his late majesty King George the Second, inti-
t[«]led " An Act for ascertaining the rates at which coined silver and
gold, P^nglish halfpence and farthings, may pass within the govern-
ment; " and the sum so borrowed shall be applied as in this act is
hereafter directed ; and for the said sum the treasurer shall give his re-
ceii)t or obligation in the form following : —

Province of the ^lassachusetts Bay, the day of , A.I).

Borrowed and received of " the sum of , for the use and

service of the province of the Massacluisett.s liay ; ami, in behalf of said prov-
ince, I do promise and oblige myself and succe.ssors in the office of treasurer,
to repay the said or to his order, the tweiiti<'tii day of June, one

thousand seven hundred and seventy, the aforesaid sum of , in

Spanish mill'd dollars at six shillinjjs each, or in the several species of coined
gold and silver enumerated in an act. made and pa.ssed in the twenty-tliird
year of his late maje.sty Kin-- George the Second, [i][^]ntit[H]led '-An Act for
ascertaining the rates at which coined silver and gold, English hallpfuce ami
farthings, may pass within the government," and according to the rates
therein'mentioned, with the interest, annually, at five percent.

Witness mv hand. H- <^m Treasurer.

a: B., )

C. D., y Committee.
E. F.,^

Provided, nevertheless, —

[Skct. 2.] That if this court .shall levy a tax this year, to be paid
into the treasury for any part of said sum of one hundred thousand
pounds, the treasurer is hereby directe<l to borrow .so nmch short of
what he is otherwise directed to borrow by virtue of tiiis act.

And be it further enacted, *

[Sect. 3.] That the treasurer, in issuing said receipts and obliga-
tions, and the committee chosen to countersign liiom, shall observe and
be governed by the rides and directions given them i)y an act of this

Tri'.'isiirv fiiiv
Iili.-.l wUli
dtlOO.iXM).

1T49-50, cliap.
l'.t.

Form of the

treaaurer'*

noWs.

Trriuiiiivr to
ohoonp the
(llrvptloim iif
the act of th«

1026

Province Laws.— 1768.

[Chap. 14.]

Becond of bis

present majesty.
1761-62, chap.
23.

Money bor-
rowed, to bo
applied for tho
rcdomption of
government
Hccuritics.

Tax granted for
the Hum bor-
rowi'd, to bo
paid into the
trcasnrv, Slst
irarch,"l"70.

£105,000
granted, to bo
levied as shall
be agreed on In
May", 17G9.

If the general
court Bhall not
then agree on
a tas,llie
treasurer is to
issue his war-
rants agreeable
to the last pre-
ceding tax act.

£32,140, sur-
plusage in the
lre:isury, anpro-
prluted to dis-

province, made in the second 3-ear of his present majesty's reign, inti-
t[?<]lcd '' An Act to supply the tieasur}' with the sum of twent^'-five
thousand pounds."

And be it further enacted,

[Sect. 4.] That the said sum of one hundred tliousand pounds,
ordered to be borrowed h\ this act, when received into the treasury,
sliall be a[)[)lied by the treasurer for the redemption of government
securities that will become due in June, one thousantl .seven luindred
and sixt3-niiie. •

And in order to draw said money into the treasury- again, and enable
the treasurer efTectually to discharge the receijjts and obligations (with
the interest that maybe due thereon) by him given in pursuance of tins
act, we, his majesty's most dutiful and Io3-al subjects, the representa-
tives of the province of the Massachusetts Bay, in great and general
court assembled, have chearfuUy given and granted unto his most ex-
cellent majesty a tax of one hundred and five thousand pounds, to be
levied on polls, and estates both real and personal within the province,
according to such rules, and in such proportions on the several towns
and districts within this province, as shall be agreed on and ordered by
the great and general court or assembly at their session in May, one
tliousand seven hundred and sixty-nine, and_ to lie paid into tiie pub-
lic[k] treasuiy on or before the thirty-first dav of March, one thousand
seven hundred and seventy; and pra}' that it may be enacted, —

And he it accordingly enacted by the Governor, Council and House of
Heprpsentatives,

[Si:cT. 5.] That there be and hereby is granted unto his most
excellent majesty the sum of one hnndretl and five thousand i)ounds,
to be accordingly levied on polls, and estates both real and personal,
within the province, according to such rules, and in such proportions
on the several towns and districts within the province, as shall be
agreed on and ordered by the general court or assembly at their session
in May, one thousand seven hundred and sixtN-nine.

And be it farther enacted,

[Sect. G.] That if the general court, at their session in j\Iay, one
thousand seven luindred and sixty-nine, and some time l)elbre the
twentieth dav of June in said year, shall not agree and conclude ujiou
an act api>ortioning the sums which l)y this act are engaged to be paid
in said year, apportioned, as.scssed and levied, tlien and in such case
each town and district within this province shall pay, by [a] tax to be
levied on the polls, and estates both real and personal, within their
limits, the same proportion of the said sum as the said towns and
districts were taxed ]iy the general court in the tax act then last
preceeding.

[Sect. 7.] And the province treasurer is hereby [e] [/jinpowered
and directed, some time in the inontii of June, in the same year, one
thousand seven hundred and sixt3'-ninc, to issue and send Ibrth his
warrants, dir«'cted to the assessors or selectmen of each town and
district within this province, retiuiring them to a.ssess the polls, antl
estates lioth real and personal, witiiin llieir several towns and di.stricts,
Ibr their respective parts and proportions of the sums before directed
and engaged to l)e assessed, to i)e paid into tiie treasury at or before the
afoi-ementione(l time ; and the as.sessors, as also persons assessed, shall
oitserve, lie governed by, and subject to, all such rules and directions
as shall have been given in the tlien last preceeding tax act.

And be if Jjirthcr rnacted,

[Sect. H.] That the treasurer be and he hereby is directed to
ap|)ly thirty-two tliousand one hundre(l and foity-two pounds ten
shillings, ofliie surplusage th.at will lie in the treasury in June next, for

[1st Sess.]

Province Laws. — 1708.

1()-J7

the redemption of the notes that will then bcoonie due, which, wilh the cimrKo i{..v..rn.
sum Ue is ordered to borrow by virtue of tiiis act, will be sufficient to ""•""•^c"'-"'^-*-
redeem them. IPassed ami published June 30.

CHAPTER 15.

AN ACT TO ENABLE THE INHABITANTS OF LENOX IN THE COUNTY
OF BERKSHIRE, WITH OTHKR I'UOl'RIKTOUS OF LANDS THF.RK, TO
RAISE TAXES ON THE LANDS THKUE, FOR BRINCJINfi FORWAKD
THE SETTLEMENT OF THE SAID LANDS, AND FOR OTHF.R ITIiLIC
PURPOSES EOR THE BENEFIT OF SAID DISTRICT; AND ALSO TO
INFORCE THE PAYMENT OF SUCH TAXES AS IIAYE BEKN GRANTED
BY THE INHABITANTS OF RICHMONT IN SAID COUNTY, AND ARE
NOT COLLECTED.

Whereas by one law of this province, made and passed in the fom'th
year of his present majesty's reign, intitled •' An Act to enable the pro-
prietors of the plantation called Yokum Town and Mount Kphraim, in
the county of Berkshire, to grant taxes on their lands, and bring for-
ward the settlement of said plantation," it is enacted, that the i)urcliasers
of said plantation of Yokum Town au<l of Moiuit E[)hraim shall be and
accordingh' are incorporated into one distinct [)ropriety, and are vested
with the same powers and privile[d]ges as. by the laws of this province,
proprietors in common are vested with, so far as is necessary for the
calling meetings, gi'anting taxes upon the lands of the said i)urchasers
in said plantation, assessing, collecting and disposing of the monies so
raised, la3-ing out, making and repairing necessary ways, and for the
carr3-ing forward the settlement of the said plantation agre[c]able
to the order of the general court ; and whereas, afterwards, the said new
plantation was, b\- another law of this province, incorporated into a
town b}- the name of Richmont, and, b}- the same law, it was provided
and enacted that all taxes to be raised within said town for the settling
a minister, building a meeting-house or meeting-houses, laying out,
making or repairing roads, be levied upon the several proprietors of
said plantation, according to their interest, agre[e]al)le to the act
first aforesaid, until the further order of the general court ; and
whereas sundry taxes have been agreed upon and assessed, agre[f]able
to the act aforesaid, and for the purposes aforesaid, on the i)ro[)rietor3
of lands in said Richmont, part of which remains uncollected, and the
same cannot be collected without the further aid of the general com-t, —

Be it therefore enacted b>/ the Governor, Council and House of
Eepresentatives,

[Sect. 1.] That the lands in said Richmont, of the several pro-
prietors there assessed as aforesaid who have not paid their respective
proportion[s] of such assessments, shall l)e subject to the p.iyment
thereof, and to sale therefor, by the assessors there who made such
assessments, in the same maimer as the lands of pro|)rietors in new
plantations were lialjle to be soUl by virtue of an act made in the second
year of his present majesty's reign, intitled ••An Act to subject the
unimproved lands, within this province, to be sold for the payment of
taxes assessed on them by order of the great and general court, and
votes and agreements of tlie proprietors thereof, and to enable proprie-
tors to levy province and county taxes laid on them."

And whereas, since the making such assessments as aforesaid, the
easterly part of said Richmont hath, by one law of this province, made
iu the seventh year of his present majesty's reign, been incorporated

rrt'nmblp.
17(»-04, c!mp.
24, § 1.

1765-Cfi, chap.
16, § ■-».

Land* In Rlrh-
mont subject t«
Uixfit iiM in iii-n
plikiiUiUun*.

ITOl-O'J, cliap.
44.

Prpumblo.
ITOtMtT, cliap.
11.

1028

pROvmcE Laws.— 1768.

[Chap. 16.]

Taxes in Lenox
to bo assessed
on proprietors
accordinsj to
Uicir interest.

Nonresident
proprietors
allowed to vote
in granting
taxes.

1712-13, chap. 9.

Lands to bo
told in case of
neglect to pay
Bucb taxes.

iuto a district b}' the name of Lenox, and, from the consideration of
the peculiar circumstances of the said district, it appears reasonable and
necessary that, for the present, the taxes that ma3-.be raised there for
settling a minister, building a meeting-house, laying out, making and
repairing highways, be levied upon the several proprietors of said
district, according to their interest in the lands there, —

Be it therefore enacted^

[Sect. 2.] That all taxes that shall be voted and agi-eed upon in
the said district, for settling a minister, building a meeting-house, lay-
ing out, making or repairing highways, shall be assessed upon the
several proprietors of those lands, according to their interest in the
lands there, until this court shall otherwise order ; and that the sevei-al
proprietors of lands in said district, whether resident in said district or
not, shall have equal right, according to their interest therein, to vote
in the granting and raising such taxes ; and that the same shall be
granted at meetings of the said proprietors, to be called agre[c]able to
the directions of an act of this province, made in the twelfth year of the
reign of her late majcstv" Queen Ann, intitled " An Act directing liow
meetings of proprietors of lands lying in common may be called ; " and
that, in case any such proprietor shall neglect or refuse to pa\- his pi-o-
portion of any such tax so set on him as aforesaid,' the same shall bo
levied by the "sale of his lands there, by the assessors, according to the
directions and in such manner as is prescribed in' the act aforesaid,
made in the second year of his present majesty's reign; and that all
sales of such delinquent proprietor's lands, for such taxes, agi-e[f]al)lG
to the rules in said act prescribed, shall be good and valid to all intents
and purposes whatsoever. [^Passed June 30.

CHAPTER 16.

Bonads of the
town of
Worlhlngton.

AN ACT FOR ERECTING THE NEW PLANTATION CALLED NUMBER
THREE, IN THE COUNTY OF HAMPSHIRE, INTO A TOWN BY TUB
NAME OF WORTHINGTON.

Preamble. WiiEiiEAS the electing the new plantation called Number Three, in the

county of Hampshire, into a town, will givally encourage and forward
the fiirtlier settlement thereof, and remove many didiculties the inhab-
itants already settled there at present labour under, —

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

[SiccT. 1.] That the new plantation called Number Tliree, in the
comity of Hampshire, bounding, easterly, on C]u>sterlield ; southerly,
partly on IMurraylield. and partly on Becket ; westerly, partly on a new
township cjilled Hnrtwood, and partly on the new township mmiber
two ; nortliei-ly, on the new townsliip number live, — bring tiie township,
wliicli, by a committee of tiiis court, was, in the year one thousand soven
hundred and sixty-two, sold at pul)lic[k] vendue to Aaron Willard,
Es(j''l., in behalf (!f himself and otliers, — lie and JKMvby is made a town
Ity the name of Worthington ; and tlie inhaliitants thereof are ht>reby
invested with all the powers, jjrivileges and immunities that the inhab-
itants of otlier towns within this province enjoy.

Proambie. And ivhcreos the said Aaron Willard, Kscii"^'., purchased tlie lands

of the said townsliip from tlic province, for himself and John Worthing-
ton, .TosiaJj Dwiglit, Timotliy Dwight, jim'r.. .mikI SmImIi Darnanl,
ICsqra., to hold the same in tlie foUowing proportion ; viz'".. Iiu> said

[1st Skss.]

PuoviNcio Laws.— 1708.

lO-JJ)

John, Josiah, Timotliy and Aaron to hold each ono-sixth part thereof,
and the said Sahili one-third part thereof; and, Ii}- deeds hi'lwren them-
selves mntualiy execnted, settled the same among themsclvt's in that
proportion, excepting three pnhlick rights, or sixty third [nirts, and
one right, or sixty-third part thereof i»y them fnst sold and eonvi-yed

to one Clap; and the saiil purchasers alterwanls surveyed and laid

out great part of the said lands into hundred-aere lot[t]s ; and. in their
meetings, as i)roprietors, have divided the greater part thereof among
themselves, to hold the same in severalty; and, in order to Nring for-
ward and eomple[a]t[^'] the settlement of the same lands, and for tlu;
fullil[l]ment and performance of the conditions (;f the grant thcn-of.
the said purchasers have, each of them, been disposing and convcving
such hundred-acre lot[t]s to persons who have engaged to settle
thereon, and have covenanted with said original j)urcliasers respectively,
to do the duties of settlers, and to pay certain proportions ; viz'''., each
a sixtieth part of the cost and charge of building a meeling-liouse, and
settling a minister there, —

Be it enacted,

[Sect. 2.] That the inhabitants of said town, such of them as have
undertaken to settle such rights and to contribute any part or propor-
tion towards the building a meeting-house and settling a minister, as
aforesaid, together with such of the original purchasers of said lands
who have not engaged a sufficient number of settlers in proportiun to
their original share in said town, be and they are hereby [e][f]mpow-
ered, at a meeting to be called for that purpose, agre[p]able to the direc-
tions of an act of this province made in the twelfth year of the reign
of her late majest}' Queen Aim[e], intitled " An Act directing how
meetings of proprietors of lands lying in common may be called," to
chuse a clerk, treasurer, assessors and collectors, and any othtM- officer
or oflBcers that proprietors of common lands may ch[oo][«]se, the votes
alwaj's to be collected according to the interest ; and at such meeting,
or at any future meeting called agre[c]able to the directions of the act
aforesaid, may agree upon and grant any sum or sums of money they
may think proper, for any or either of the purposes aforesaid, to be
assessed on the several original purchasers, or their assignees, of the
lands there as aforesaid, according to their several interests therein, and
the contract and obligations they have made thereabout.

And to the end that the proportions of the several purchasers afore-
said, in said lands, and the assi^iees to whom they have respectively
conveyed any part of the same, under contract of doing any share of
the settling-duties aforesaid, may be the better known in said town, —

Be it enacted,

[Sect. 3.] That each and every of the original i)roprietors afore-
said, shall tile with the clerk of the said town, within three months after
his choice and acceptance of said ofllice, an account of his original share
in said township, and a list of the names of the several persons to whom
he has conveyed any part of his lands there, under contract of doing any
settling-duties there, with account of what proportion of such <liities
each assignee has engaged to perform ; and that such list and account
shall be the rule by which the assessors shall proceed in making such
assessments against any persons as assignees of said original purchasers :
and if any of such original purchasers shall not make return to sticli
clerk, of such a number of assignees engaged to do and perform such
duties of settlement as shall be his proportion of duties according to
his share of said lands there, the assessors shall assess what remains on
his own lands, 'till such original purchasers shall make further return
to such clerk, of any other or new assignee of any of liis lands who
shall have engaged the performance of any part of his duty of aetlle-

Iiihubitnntii mid
origin:!! pur-
cliimirn »in-
piiWtTl'iI to

cliuoHu oflWni,

1712-13, ch«p. 9

— and to grmnt
money.

Preamble.

Ori^.aal pro-
prietor to file
with the clerk
n list, of the
pernonn he ha»
utrreed with n»
BetlUrn, to ri'ini
lute the assv»a-
urs lu making
asMMmcntK.

1030

PiioviNX'E Laws. — 1768.

[Chai'. 17.]

Lands Bubject
to be sold for
puymenl of
taxes.

1761-«2, chap.
44.

Preamble.

Penalty on ori-
ffinal purchasers
for returning a
false list.

Israel Willlaras,
Ksq., ompow-
ere (I to call ii
in<'etini; of llie
inbabiluuls.

ment ; in which case such part shall for the future be set upon such
assignee.

And be it further enacted,

[Sect. 4.] That if any such original purchaser, or anj- of their
assignees, shall refuse or neglect to pay any taxes that may be set on
thorn or their lands agre[e]ahle to this act, for either of the purposes
aforesaid, the assessors, of such taxes that shall be from time to time,
sliall be and hereby- are [e][/]nipowercd to make sale of any such de-
linquent's lands there, for t lie payment thereof, they conforming therein
to the directions and regulations specified and contained in an act of
this province, that was made in the second year of Iiis present majesty's
reign, intitled " An Act to subject the unimproved lands within this
province, to be sold for payment of taxes assessed on them by order of
the great and general court, and votes and agreements of the proprie-
tors thereof, and to enable proprietors of ncAv plantations to levy
province and county taxes laid upon them."

And to prevent an}- injustice to any of the inhabitants of the said
town, or other proprietors of lands there, by moans of any false re-
turn against him, by any original purchaser, as his assignee, lial)le and
subject, by contract, to do an}- duty of settlement which he has not
undertaken, and thorebv being subjected to an unreasonable assess-
ment upon him in consequence of such fiilso return, —

Be it enacted,

[Sect. 5.] That if any such original purchaser shall fals[e]l3' re-
turn any person as his assignee of any lands in said town, and as liable
and engaged to do any duty of settlement on liis behalf, which. such
person is not liable or engaged to perform, and such person shall, by
means thereof, be subjected to any unjust assessment, against the true
design of this act, and shall actually suffer any loss or damage thereby,
he shall be and is hereby intitled to treble the damages he shall so
suffer, to 1)0 recovered, with costs, against such original purchasers, by
action of debt, to be brought by virtue of this act.

And he it further enacted,

[Sect. 6.] That Israel Williams, Esq^'l, be and hereby is [e][/]m-
powered to issue his warrant, directed to some i)iiiuMpal iiilial»itant of
said town, requiring him to call a mooting of said iniiabitants, in order
to chusc sucli odicors as, l)y law, towns are [e] [/jmpoworod to cliuse
in the month of March, annually. [Passed aiul published June 30.

CHAPTER 17.

AN ACT TO ESTABLISH A TOLL ON THE GREAT BRIDGE BUILT OVER
THE RIVER PARKER, IN THE TOWN OF NEWBURY, IN THE COUNTY
OF ESSEX.

Prcainblo.
ITW-ril, chap.
14.

A toll-gathcrcr,

WiiKUKAS the bridge some time since built over the river Parker, in
(lie town (jf Nowl)Uiv, for the l)uilding of whioli a lottery was giantod
by this province, has been found of great utility to the i)ublic[kj, and
the sanu! being now in a considerable measure worn and docayod, the
managers of the last lottery having also advanced a considerablo sum
over and above what was i-aised by lottery, towards building the said
bridge ; for [the] reimbiu'sing the said money, and for repairing [of]
\_the'] said bridge, no provision is .yet made, —

Be it therefore enacted by the Governor^ Council and House of
Jieprcsentatires,

[Sect. 1.] That there be ft gate erected as soon as may bo, and ;.

[1st Sess.] Province Laws.— 1768. 1();J1

l)erson appoiiitod to atUnd the same, and to receive, of all persons or k.-. p.r <.f ih«
passing over the said l)ridge, the several fees or rates herealter ex- ^pil^i'iul-a.'**
pressed, whieh every passenger is re(inired to pay l)efore they have
liberty to pass the same; tiiat is to say. for every foot-man who shall luicofiho
pass the said bridge, the snm of two-thirds of a penny ; for evt-ry man '""•
and horse, the sum of twoix'iice ; for every two-wheel chaise, ehair or
sleigh, and horse, with the travellers therein, tlie sum of fourpi-nee ;
for every four-wheel carriage, including passengers, the sum of eight-
pence ; for every man with team, cart or sled, the sum of sixpence ;
for all horse-kind or neat cattle, the sum of two-tliirds of a penny i)er
head ; and for sheep or swine, the sum of fourpenee per score : and so,
in proportion, for a greater or less number ; and no more.

And be it further enacted,

[Sect. 2.] That the court of general sessions of the peace for tlie Counofw*-
count\' of Essex, V)e and hereby are empowered io app(jint some suita- "'p?.r»li'n"i!)'"''"'
ble person, who shall give security f(jr tlie faithful performance of his gaiiitr iiiu toil,
duty and attendance at said bridge ; and the said person so appointe<l
shall faithfull}- attend his duty, and at all times l)e ready, betwi-eii the Timchcihaii
hours of five of the clock in the morning and nine in the evening, to ""*-'""^-
admit any person to pass the said bridge, under the penalty of twenty
shillings for an}' neglect ; and in case he shall not be present to admit
l^ersons to pass the bridge, between the hours of nine in the evening
and five in the morning, he shall leave the passage free and open ; and
said passage shall also be kept open and free for all persons travelling
to or from the place or places of publick worship on Lord's days.

And be it further enacted,

[Sect. 3.] That the said court of general sessions of the peace be Trumorg to bl-
and are hereby [e][i]mpowered to appoint one or more trustees to "I'P*""*''-
receive of the keeper of the said bridge the money he shall collect, and
therewith repair the said bridge as shall, from time to time, be found
necessary, or as the said court of general sessions of the peace shall
order and direct; the said trustees are also directed, as soon as money —who are to^
sufficient therefor is collected, to raise the arch northward of the Little I^^cUcs"'^ °
Island, so called, over which the bridge runs, three feet and an-half. or
four feet, higher than it is at present, that so boats laded with hay may
pass under the same with greater convenience ; as also, for such repairs
as may be found necessary.

And be it farther enacted,

[Sect. 4.] That the said trustee or trustees be directed to pay unto ^"^l^f.^^P^y
Daniel Farnham and William Atkins, Esqrs., the sums they liave li,',". til'i'tanhi
respectivelv advanced towards building the said bridge, they h.aving ^Ull;^^;^;^

tkinn,

first adjusted and settled their accounts with the general court of this E»qr«.
province, and obtained an order from said court f<n- the ballances due
to them respectively; and the keeper of the said bridge is heiiliy {f;;;,';;.';;f,'J^',^,,,
required, upon oath, when and as often as demanded, to exhibit an u^n.-omn.',":.!!.!
account of all the monies he shall, from time to time, receive by tiie i';;^,';;;*'^
above toll, and pay the same to the aforesaid trustee or trustees, for
the purposes aforesaid, under the penalty of fifty pounds for every
neglect or refusal.

And be it farther enacted,

[Sect. 5.] That the trustees appointed as aforesaid, their heirs and J^J'^lY^*;;;;^
assign[e]s, shall keep and exhibit to the said court of general sessions eourt of K<n.raj
of the peace, and also to this court, when required, an account of all j;;;'J;'."„"J '"
monies received by toll, by virtue of this act, and an account of the court,
expences of repairing«and amending the said bridge.

And be it farther enacted,

[Sect. C] That if the keeper of the said bridge shall, at any time, £:;^;;|;>„(;';;^'«-
demand and receive a greater toll Uian is allowed liy this act. he shall ,hai, ih- ram
for every such ofi"ence be subject to the penalty of twenty shillings. .pcciiied.

1032

PiioviNCE Laws. — 17G8.

[Chap. 18.]

Forfeitures,
liow to be
disposed of.

[Sect. 7.] And all penalties and forfeitures arising by virtue of
this act, or any clause therein, shall be disposed of in the manner
following; vizW., one half to and for the use of this government, to be
paid into the province treasury, and the other half to him or them that
shall sue for the same in any of his majesty's inferior courts of common
pleas, or before any justice of the peace when the said penalty doth
not exceed the sum of forty shillings.

[Sect. 8.] This act to continue and be in force for the space of
ten ^ears, and no longer. [PassecZ and published June 30.

CHAPTER 18.

Preamble.
1764-65, chap.
30.

The act con-
tinued.

AN ACT TO REVIVE AND CONTINUE AN ACT MADE IN THE FIFTH
YEAR OF HIS PRESENT- MAJESTY'S REIGN, INTITLED "AN ACT FOR
ALLOWING NECESSARY SUPPLIES TO THE EASTERN INDIANS, AND
FOR REGULATING TRADE WITH THEM, AND PREVENTING ABUSES
THEREIN," WHICH IS NEAR EXPIRING.

WiiKREAS the aforementioned act is found Iw experience very bene-
ficial for regulating the trade with the eastern Indians, —

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

That an act, intitled " An Act for allowing neeessarj- supplies to the
eastern Indians, and for regulating trade with Miem, and for preventing
abuses therein," made in the fifth year of his present majesty's reign,
in all and every aiticle and clause, matter and thing, be and hereby is
revived, and shall be in force until the thirtieth day of June, which will
be iu the year of our Lord one thousand seven huiuhed and sixty-nine.
l^Passed and pnl)lished June 30.

NoTKS.— Bnt ono session of tin; General Court was held this year. The IIouso
of Representatives of tlio previous y<'ar issued aeircnlar h-tter to tjie sister houses of
representatives, and of Imr^^esses, in America, exiilainiUL; llie jiositiou of the Houso
on tlie (piestion of tlie relations of the colonies to (Jreat Britain, respecting the
authority of parlianK.Mit, with the jirofessed purpost; of insuring harmonious action hy
the colonies in their assertion of their rights as against the encroachments of parlia-
ment and of th(> ministry. The Governor, at this session, acting under instructions
from the I'arl of Ilillsliorough. the newly appointed secretary of state ft)r American
affairs, demanded a rescission of the \-ote authorizing the circular, wliicli being re-
fused in the House, hy a vote of '.L' to 17, he, ou the lirst ilay of July, in pursuance
of his instructions, dissolve<l the Assend)ly, hy proclamation, after having, the day
hei'ore, prorogued it to the third of August.

All the acts of this year were ])rinted; and the engi'ossmeiits of all are preserved.

No certilicate for transmitting these acts has been found; but the letter of Secre-
tary Oliver actompanying them, and bearing date August ;>1, ITti.S, Wivs laid before
the Lords of Traile ou the 'Jlth of O<'tober following.

No record of further action on these a<-ts has been discovered except what appt^ars
in th(! not<! to chapter."), iiosl. and in the report of Richard .Tackson, dated .Tanuarv
24, 1771, showing that chapter i:! had lieeii r.'ferrcd to him by the Lords of Trade foV
hisoiiinion ther<;on in jHiiut of law, and in the mimUcs of the Lords of Trade of
January ilO, 1771, showing that the draught of a new instruction to the (Governor
of th(! province was ordcnnl to be prepared, upon consideration of Mr. iJaekson's
report. See note to 17l)".t-70, chapter 1 .

Chap. 1. This is the last instance of the passage of an ji.t granting an allowance,
from the pr(jvince treastu'y, to a govcriinr appointed by the Crown. Tli<' repeal of
the Stamp Act hail removed the groujitls upon which it was proposed to grant sal-
aries from th(! imperial treasury to the appointees of the Crown; and the annual
grants by the province had continued, without interruption, until the close of
Bernard's administration.— See note to 17(i."i (iC, chap. 1. past.

Bernard, by wliost^ recall the I'ommand-in-chief devolved upon Hutchinson, heing
about to be al)sent from the proviix'e by the royal ju-rmission. and, ius he elaiiued,
with the ])rospeet of returning, asked, during the tirst session of tlie Assend)ly, for
the year 17(i'.i, for an allowance, us usmil, which, a<-cordiiig to his instructions,
Woidd, during his absence, bo divided between himself aiul the Lioutcnant-Gov-

[Notes.] Province Laws.— 1TG8. l(j;j;j

ernor; Init the Ilouse, hixvins, unaiiiiiiniisly, a-jrccd upon a pctilimi for his nMnoval
from officf, wovo in no nioml to coinpi.v witli this nMint-st, csiictiiiliv as they had no
iissuraiiro uf his licin',' contiiiuc.l in tlic oth.f aft.T th,. lirst of liio cnsninK iiionth of
August, up tu w hicli tinn! his si'ivircs liad hern paid for, in lliti ^^rant of tin- previous
year. Hutchinson n^c-civcd one ;j;rant (17(i'.i-7(t, cliaii. S) for liis scrvircs as iimtrnanl-
governor after Ik-nuud's departun-: hut two snhscipi.-nt grants to him, in that
capacity, oue of £:>'_'5 and tlio otlicr t.">0(i. and two otluT hills passed aft.r in- rririv.-d
his commission as governor— cacli lualiing the usual grant of .tl.iiK)— failed to reiM-ivo
his assent, lie Iiaving secretly received atj vices that " certain and adeipiate provision
for the support of the civil government •'in the colonies, had heen deouiea oxpe-
dicnt to he made by iiarliament.

Chap. 2. " Jan. '-'6, 17(!2. A Petition of William E;j.stiuan and Eleazer Nash in
behalf of a Number of the Inhabitants of South Uadley rcj)rcseiiting their great
difiicuUies and divisions about the place for their Meeting Ilouse, and Praying for
the Interposition of this Court.

In the Ilouse of Ilepresentatives; Read aijd Ordered That Col" Clapp, Cap«
Chcever, Major Cushing, Col" Murray and Colonel Cerrishwith such as the hon-
ourable Board shall join be a Committee to taki- this IN'tition and all other Papers
accompanying it under consideration, hear the Parties and make rejiort. In Council
Head and Concurretl and Saiiuiel Watts, Pichard Cutt and James Russell Esq™ uro
joined in the Affair."— C'o(n(Ci7 Records, vol. XXIV., p. '20;{.

" Feb. 20, 17()2. In the Ilouse of Representatives Voted That th<> Eastward part
of the District of South Iladley viz' beginning at Springlield Line where Stony
Rrook enters South Hadley and runs with saiil Brook, till it comes within liftv rods
of the middle of tho Bridge over said BrooU in the Road leading from th"e Ohl
meeting house to Joseph Kellogs & from thence North si.x degrees and a half West
to the North line of said District be, and hereby is erected into a distinct and
seperate Parish; and that the Inhabitants thereof are hereby invested with all the
powers and I'riviledges that other Parishes in this Province enjoy; and that the
remaining part of said District be and continue tlu; first Parish in said District
Provided nevertheless that any of the Inhabitants of said District that liv<' on the
East side of the aforesaid diviiling Line who shall chuse to remain and he accounted
as Members of the .said first I'arish and shall by writing under their hands lodged in
the Secretary's Office within three months next following certify the same, every
such Person so certifying shall be. remain and be cstecm(Hl and" accounted one f>f
the Parishioners of the .s\iid first Parish, and shall be obliged to do duties and shall
enjoy Priviledges there as such, and shall, he and his Estate, be exempted from any
duty or charge whatsoevc'r in the said second Parish as effectually as he would be,
if he dwelt and his Lands and Estate lay in the same first Parish, and that whatso-
ever Inhabitants of the said District living within the aforesaid Limits of the said
first Parish and to the Westward of said dividing Line shall choose to be one of the
said second Parish, and shall certify the saiiK? within the term and in the manner
aforesaid, such Inhabitants shall be esteemed and accounted as a member of the said
second Parish and shall be intitletl to I'ri\ Hedges aiul shall do duties with the other
members of the said second Parish, and he and his Estate shall he wholly free and
exempt from any duty or charge whatsoever in the said lirst Parish as effectually as
he should be, if he dwelt and his Lands lay in the said second Parish, Proviiled also
and it is hereby voted and Ordered, That the Inhabitants of tlu! said lirst Parish as
they shall be at the end of the said three months shall refund and pay hack to the
saitl Inhabitants of tlu; said second Parish tlicir lu-oportion they have been a.s.sesscd
to the several sums that have been exjiended or raised in said District for the erect-
ing and building a ^Sleeting lunise there, and in the coiitrover.sy and dispute about
the same, excepting and dedtu-ting therefrom so much as the Frami' of a meetinpf
house there has been damaged by the felling and cutting down i)art thereof by .some
of the Inhabitants of said East and second I'arish, which damage done to said frauio
shall be determined by a Committee appointed by this Court for that pur|io.se and
be paid l)j' the Inhabifants of the said secoml I'arish: and that all Actions that are
or may be i)rosecuted in the Law for damages on that account he and herd ly are
effectually barred to all intents and i)uri>oses whatsoever. Provided also that the
.said Inhabitants of said second Parish shall he allowed a proportionable share of
the Materials of the Old Meeting house or a reas<mal)le allowance therefor from the
first Parish to be determined by the Cotnmittee aforesaid.

Provided nevertheless that if at any time before the end of March next two thirds
at least of the qualified Voters in .said Di.strict shall at a Meeting legally warned
agree upon a place where to erect and fix a meeting house U)t the iwcomodation of
the whole district and shall cause such .-Vgreement to be duly certilied to the (;reat
and General Court at their Session in May n((xt: then and in smdi case the foregoing
Order for divi(ling said District shall be voi<l and of no Effect.

In Council Read and Concurred Cons(Mited to by the (bivernor."— /6i./., ;>. TtTi.

" June '.I, 17(;.'. A Pcjtitiou of Daniel Nash in behalf of the Iidiabitants of the first
Parish of South Iladley— Praying some explanation of the Order of the Oencrul
Court in February last for dividing them into two Parishes.

In the Hons(^ of Re]ireseutatives. The above Petition being read and cnnHidercd
Resolved That all those Persons that belong to the first I'arish in the District of
South lladlev and hav(! Lands under their own Improvement in the Second Parish;
all such Lan«ls shall be rated or taxed to pay all Parish charges in the lirsl Parish
notwithstanding their lying withiti the bounds of the Second I'arish. .And that all
those Persons that belong to the second I'arish in said District and have I^inds
undei their own Improvement in the tirst Parish; all such Lauds shall he ruled or

1034: Peovlnce Laws.— 1768. [Notes.]

taxed to pay all Parish charges in the second Parish, notwithstanding their lying
within the hounds of the first Parish.

In Council Kead and Concurred. Consented to by the Governor."— /6k/., p. 41G.

" June 12, 17(i'-'. In the House of Representatives Voted That Josiah Dwiglit Esq""
Timothy Dwight jun'' Esq"" and Mi" Elienezer Hunt of Northanijiton lie and they
hereby are apjiointed a Committee to consider of, and determine tin; Damage ddiie
by some (if the Inhabitants of the Second Parisli in South Hadley to tlie Frame of
the Meeting House in said District by cutting down part thereof, which damages
this Court by their Vote of the lsii> February last ordered to be determined by a
Committee of this Court. And that the said Committee determine what sum shall
be allowed to the said Si^cond Parish for their proi)ortionable part of the Old Meet-
ing* in said District, which by the Order aforesaid was to be determined by the
same Committee that should (letermine the Damages aforesaid. In Council Read
and Conc\irred Consented to by the Governor." — Ibid.,]). 4.]7.

" June 15, 1702. The desire of the following Persons Inhabitants of South Had-
ley, pursuant to the Order of the General Court of the 20"' of February last (being
omitted to be recorded in its proper- place) is as follows,

I'ursuant to an Act and Order of the General Court passed the 1'.'"' day of last
February dividing the District of South Hadley into two Parishes, an East aiid West
Parish.

Wo the Subscribers living West of tlie said dividing line desire that our Names
may be Entered into the Secretary's Office for Joining with the Second Parish in
said District. South Hadley April 5: 17<!2

(Signed) Williaji Easman, Israel Sjiith, Joseph Hillvakd.
William Easman, Israel Smith, Joseph Hillyard,— received 1(5"' April, 17()2—

South Hadley April 2(): 17G2, Pursuant to the order of the Great and General
Court at their Session in Feliruary last, relating to a Division of the District of Soutii
Hadley into two Parishes, This is to Certify, that We the Subscribers, chuse to re-
main and be accounted as Members of the first Parish: and that we and our Estates
may bo Esteemed and accounted as belonging to the said first Parish, and therefore
desire that our names may be lodged iia the Secretary's Office, agreeable to the said
Order of Court.

LuivE MOUHTAOITE MoSES MONTAOtTE ELIZABETH QUEEX

Joseph Moodey RErnEN Smith Eisenezek Stoddakd

David Nash Esther Dickinsox Noah Moouey

Daniel Moodey Jonathan Smith Hfcii Queen

Josiah Moodey Marv Mont voe. James Queen.

Luke Montague and others 1^' Parish, received (i"> May 17G2 —

South Hadley the Second Parish May the 4"' 17(;2—

Whereas I have sent my name to be reckone(l one of the first Parish, upon a second
consideration I have altered my mind and if my name is set down I shouhl be glad
to Erast out and to remain in the second Parish, as Witness my hand —

Test Gad C'hapin Estiieu Dickinson

Experience Smith, received 11"' ^lay 17(i2.

In jiursuaiK^e to Act of the General Court the I'.t"' day of last February by dividing
tlie District of South Hadley into two Parishes, I the Subscriber living in the first
Parish dcsir(^ my naiiK; to bo Entered in the Secretary's Office to Join with the
Second Parish in said South Hadley agreeable to the liberty the said Act gave me.

South Hadley May 7. 17() — John S.mitii.

John Smith, reci'ivcd ]:',"' May 17(i2 —

District of South Hadley May 4"' 17(12, Pursuant to the order of the Great and
General Court at Ihcir Session in February last, relating to a Division of saiil Dis-
trict into two Parishes: This is to certify that the Person or I'ersons lun'cto SuIh
scribing, dcsiri! that they may be accounted as .a Parishoners of the first Parish:
and chus(^ that he or tlii-y anil his or tluMr Estates may be accounted to the said lirst
Parish, and thiit the same maj' be lodged in the Secretary's Office

Witness our hands. Iskaei, Clauk

.r.\Mi;s Hi:nrv
.losiAii Hi:m!Y.

Israel (;iark, James Henry, Josiah Ilenry, South Hadley received 17"' May 17()2."
— y/(/W.,/-.448.

Feb. 22. 17():?. A Petition of Joseph White and Josiah White of South Hadley—
Setting forth that pursuant to an Order of the General Court in January 17(i2 for
diviiling tlie District into two I'arishcs. liberty was given to those on the East siile
of the lyiiK! whochose to be of th(^ West I'arlsh to certify the same by Writing lodged
in the Secret arys Office within a<-crtain time in saitl Order limited; which Certilii'ato
sliniild inlillc thcni to be members of llie West or lirst Parish. That in observance
of the said Order t hey cert iliccl their ilcsirc its aforesaid, but their certilicate mis-
carricil. And I'riiying tli;it they may iicxcrtheh'ss be accounted to belong they and
thcLr Estates to the lirst Parish in the said District.

In the Houseof Itiprescntatix-es; Kead and Ordered that the within named Josej^h
and Josiah White with their Families iK: IOstat(\s be annexed to the lirst Parish in
South II ad ley there to do duty and receive pri\i ledge, and they ar(> hcrcliy exempted
from paying any Parish Taxes to the Second I'arish in sai<l Town for the future.

In ("ouncil Ivead and Coueurred Consented to by the ( !c>ver^or." — /')/(^. /». (!(••'>.

".Iiine b'l, 17(i7. .V Petition of William Eastman and others, a Committee of the
Inhabitants of the second I'arish in .South Hadley — Setting forth— the great incon-
venieiicies they sulTcr by remaining united with the lirst Parish in one District, that
there are unhappy ilisputes and dilTercn<-cs between Xhc two Parishes, and that the
second I'arish an' obligtd at the pleasure of the first which coutaius a majority of

♦ Sic.

[Notes.] Province Laws. — 1708. lOij-j

Voters to expend Sums of money agaiust their wills to their ^reat dainace, injiirv
and grievance. And Praying tliat tlicy may he incorporated into a separate Towii
or District hy the same Line which now divides tlie two parisln's, and thai Ihey
may have their proportion of the Common Sioek.

In the Honse of Representatives, Hea.l & Ordered That the Inhahitantsof tlie first
Parish of South Hadh-y ho notifyed l>y servin-; the Clerk of s'' Parish with a copy of
the foregoinjj; Petition and of this order, that so on the third Wediiesdav <if tlie liext

Session they may shew cause, if any tliey have, whv the praver tiiereof slionld not
be ^'ranted. In Council, Read & Concurred."— /6'/(/., vol. A'A'l7/.,y>. .Vi.

" Jan. 14, ITiiS. a Petition of tlu; Iidiahitants of the second Parish in Soulli Ilad-
ley Prayini:: to ho erected into a Town or District as entered the i:;"' of .June last.

In Council. Read ajjain together with the Answer And Ordered That l!enj» Lin-
coln and Tho* Ilubliard Esq" with such as tlu? lIou'>i'MIous(! shall juin he a Com-
mittee to take this Petition with the answer under consideration hear the parti<s &
make report. In the House of Pvcpresentatives, P^ead & Concurred and Caii' Root,
Col» Gerrish and Maj' Humphrey arc joined."— 7/)/</., p. i:w.

"Jan. IS, ITtiS. A Petition of Joseph Wliite and others Iidiahitants of the first
Parish in the District of South Hadley— Prayinj^ Tliat if this Court should think fit
to divide the District into two, as Prayed iov in a Petition now hefore the Court,
they, and their Estates njay lie accounted to the w<fst District, and that the dividiiif^
Line may bealtereil so as to iuchuU' them therein.

In the House of Representatives, Read and Ordered that the Committee appointed
to consider the South Hadley Petition, take this Petition into consideration and
Report. In Council, Read and Concurred."— /6<rf., />. 14(t.

" Jan. 20, ITciS. The Committee ajjpointed the 14"> Instant on tlie Petition of
Joseph White and Others of South Hadley, having made Report the following Order
passed thereon viz' —

In Council, Read and accepted: And Ordered that Tim" Paine Esq^ with .such a.s
the HonWc House shall join be a Committee to repair to South Hadley hear the par-
ties, settle and mark the Line of Division between the jiroposed Districts, and make
return thereof to this Court at their next Session; and that the aforesaid Line wlieii
established between the said proposed Districts be tlie Line between the two
Parishes in the Petition m<>ntioned, iiursuanr to the agreement of the parties by their
respective agents. In the House of Representatives, Read and Concurred anil Col"
Gerrish & ^laj'' Davis are joined." — Ibid., p. l.")0.

" June 2, ITiJS. The Committee appointed the 20"> of January la-st to repair to
South Hadley and settle and mark the Line of Division between the proiwsed Dis-
tricts, made Report of their doings therein: whereupon the following vote passed
viz'

In Council, Read and accepted: and Ordered that the Petitioners have liberty to
bring in a Billaccordinglv. In the House of Representatives, Read and Concurred."
—Ibid., p. 32L

Chap. 5. The importance of the subject wliich the passage of this a<'t brought into
discussion in this province and before the Privy Council, seems to warrant the print-
ing of the following i)apers, which, though cumulative and repetitious, and, gener-
ally, written by. illiterate ]iersons in humble life, form a significant part of a series
of efforts to secure that religious liberty which, to-day, is the boast of our Common-
wealth.

" Mar. 17, 1707. A Petition of Obadiah Dickinson and others Resident and non-
resident proprietors of the iilantatiou lately called Huntstown— Setting forth— That
the same was in the j-ear 17<ij erected into a Town by the name of Aslilield; that in
the Act of Incorporation there is a clause of great uncertainty resju'cting tin; jiower
of raising, levying and collecting of money for defreying the public charges of the
said Town, and great difiicnlties and inconveniences consequent thereon. Ami
Praying for an Act further to impower the proprietors to regulate their proceeilings
with respect to this matter and to enable them effectually to levy and colleit moniy
for the necessary purposes of the said Pro]>rietors, as well such as have been already
granted, as what may hereafter be granted therefor.

In the House of Representatives. Ordered that the Petitioners notify the Inhabit-
ants of Ashfield of this Petition and Order by serving the Town Clerk with a Copy
of the same: and that tliev also notify the proprietors of said Ashfield by inserting
the said Petition & Order in one of the IJoston news jiapers, that they may shew
cause, if any they have, on the second Wednesday of the Session of the (Jeneral
Court in Mav next whv the prayer should not be granted, the said notifications to be
made at least fifteen days before the said May Session. In Council, Rea<l & Con-
curred."— C'oiDicil I'friivil.t, vol. XXVI., p. A~\.

" June 0, 17<)7. A Petition of Obadiah Dickinson and others some of the nonresi-
dent proprietors of Ashfield, lat( ly known by the iiaiin! of Huntstown— graying for
an Act to regulate their proceedings in certain matters therein mentioned as ••iitered
the 17"' of March last, uiioii which an Order then [.assed for a notification; but tlii-y
having omitted to take out copies, now present a new Petition for the n-vival of tlio
former; whereupon the following Order pa-ssed viz'— ,^ ,

In the House of Repnsentatives, Read again & revived: and Ordered that tlie
Petitioners notifv the hdiabitants of Ashfield of this Petition and Or.ler by .x.-rviiig
the Town Clerk with a Copy of the same: an<l that they also n<.tify the proprietors
of .said Ashfield bv inserting the substance of .said Petition & tlie Order in two of the
Boston news papers, that tliev mav shew cause, if any they have, on the second
Wednesday of the next-Session of this Court why the |>rayer should not be granted:
the said notification to be made at least fifteen days l)efore the saiil S«-.<»8ion. In
Council, Read & Concurred."- /6(</., vol. XXVIL, p. ■•i.

Laws.— 17«S^

I^^

, ■wtbI 'i»-

[y-r/IM-j

Pkmjlkk Lavs.; — IT-W.

n.y<

iur ."^ «ii" C ^ -r~:

». *•»

Ln^-aae kri

.JBF «« ■» '■< a

«f »l v^avK

F.S. Korwr

:iT kZ'

j » i> "iiiTiw^ •»■ IMf ■<

1038 Province IjXws. — 17G8. [Notes.]

Ashfield under y« pastoral Care of y« Rev<i Ebenez"" Smith— We y* Baptist Associa-
tion do Receive y* 8"^ Cliurch into fellowship, as being of y« Same faith and order.
Sign<i by Order and in behalf of y"-' Association —

Hezkkiafi Smith Moderator

Sam'^"- Stillman Clerk."— /6(Vi.,p. 5()3.

" To the Honourable Thomas Huchinsou Esq LiuiUenant Governor: and Coui-
luander in Cheif in aud over his Majesties Province of tlu; ISIassachusets Bay ia New
En^'land and to the Honouralile his Majesties Councill & liouse of Representetivcs
inCcneral Court Assembled on thol4">of March A D: 1770. . . . We the Baptist
cliunli and Society in Ashlield Present our Humble petition to your Honours as
follows (Viz)

We were Setteled in this Town in the manner as we Set forth in our petition which
we presented to this Honourable Court Bearing Date May . . . 17(18. Wherein we
recjuested to be freed from paying taxes to a INIiiiister & for the Buildingof a mc>ting
House of a notlier Society wliicli we do not Belong unto, and tin; Court was pleased
to order us to Nutify the Town and Proprietors (larks with a Copy our petition
which we Did.— and that they Should Suspend the further Collectinii of taxes So far
as Respe';ted us the petitioners untill tlu; ui'Xt Setting of the Court but not with
Standing they i)roceed.ed to post our I^ands for Sale before thcr Ci^urt Set again & Came
together to Sell the Same; but (iiuliug That tli y had made Some mistake in their
proceedings, it was put by for that time; — and v.c Sent a man to Boston Last r'llay to
to See if we could git further help but things being in so Broken a Surcomstance y'
lie came away beTore there was any Business done; and there is now a tax of 1 1£:
18/: 7<i L. F. m. Laid on Each right in this Town, the Clieif of it for the Sujiport of
the minister and Building a meeting House for the above s'l Society and our L'liids
are posted in the pulilick prints in order to be Sold the first Wednesday of april
Next unless prevented by our paying s^ tax which we cant See posible for us to do.
— So that we See nothing but y' we (or at Least many many of us) Shall be Disin-
herited for the Suport of a Society that we Do not be'loiig unto. — We do therefore
Humbly pray this Honi" Court to take our Case into your wise Considerations \- free
us and our Lands from paying the above sf^ tax or any other tax y' Shall hereafter
b(! raised for y^ jiurposes afores''. — and j-' y'^ moneys which we here to fore have paid
for their Minister & meeting House, may bo restored To us for wt; need a meeting
House; and should have 13uilt one some y(!ars agone, had it not been for the
Burdens so unjustly Laid upon us So Prays your Humble ]>etitioucrs.

Ebexkzeu S.MiTH ) In behalf of
Dated in Ashfield Joii.n Bi.acivMF.ii > the Church

Feb"' y^ l)'h 1770. Aauox Lvox ) and Society." — Ibid, p. '^oii.

" April 10, 1770. A Petition of Ebene/.er Smith and oliers in behalf of the P.aiv
tist Clmreh and Society in Ashfield — Setting forth— That there is a Tax of -El 1 : IS: 7
laid on each Kiglit in said Town chiefly for the supiHirt of a ^liuis'erand Building
a Meeting H(nise for a Society of a dilferent i>ursaation from tlie Petitioners— Thai
their Lands are advertized to be sold, unless prevented by paying the said Tax,
which they are unable to pay aud support the Gospel among themselves. And jiray-
ing that they and their Lands may be exempted from said Tax or any Tax that may
hereafter bo raised for tlu^ i)urposes aforesaid, and that the Monies which they have
hen^tofore ]iaid may be restored.

In the llousi- of llepr(,-S(;ntatives. The House resumed the consideration of the
Petition and Resolved that the Petitioners notify the Proprietors of the Lauds in
Ashfield of this Petition and also of the Paper a<'Companyiug the same called an .Vc-
eount of the sufTerings of tlu; Church in Ashfield, by siu-viug the Clerk of said Pro-
jirietors with a Coi)y of tlu^ said P<'tition and Paper that they may shew cause on
the second Wednesday of the next ISIay Session of th(> GeiK'ral Court why the
])rayer should not be granted, and that the sale of the Petitioners Lauds be staid in
the meant inl(^ In Council, Read and Concuncd, CoU'^ented to by the Lieu' tiov-
crnor Api I'li'i' 1770."— r(>//«<7-; 7?cro/v/,s /■,./. A'A'17/A., /-. l.^.l.

"To his Honor the Lieutenant < Jovernor, t lu? honorabh? his Maj(>sty's Council,
& tlm lioiiorai)le j louse of Iteiu'esentatives in General Court assembled. —

Th(! Petition of tlu! Baptist Committee of grievances, acting in the Name aud by
the .\ppointnient of the Baptist Churches met in Association at Belliugham in this
l'rovinc(^ thi> 11"', l'_"'>, & 1.'!''' days of September last,— humbly slieweth.

That altlio' the Baptists have been repeatedly disappointed in their Addresses to
the Gi'iieral (J(jiirt, and have not obtained that Reli<'f from their Distresses which
We huinbly conceive all our people are in! it led to as ,"\Ien, and ("hristians, ami Sult-
jects of a free ( ;o\-ernnient ; yet, very unwilling to h'ave any mean untryed, and hop-
ing all things from this Court, We, the Coniittee aforesaiil, with great earnest ne.><s,
luid seriousness do recommend Ourselves to you, Geutlemcii, whom we consider as
the Gaurdiaiis of Our Kights and Privileges as well Iteligious as ("ivil, the Protect-
ors of the Injured, the Fathers of Oiw Common Country :—.\iid beg leave to say
that we arc' encourag<'d, in this Our .\<ldress. from the Consideration of the Kights
of Mankind having been so irill delined in the Votes of this Honorable House, liy
which We are t.anght to think ' That No Taxation can be e(|nitable whert- siu'h Ue-
straint is laiil upon the Taxed as takes from him I Iw Liberty of <;i\ini; his Own Maiici/
J-'rii'.'fi' — This being True, permit Cs to ask— With what Kquity is Our J'roiicrt;/
taken from Cs, not only without Our ('ousent, but violently, contrary to onr Will;
anil for such jiurposes, as we cannot, f^i faithrulness to that .Stewardship with whii'li
(!od hath Entrusted I's, favour — Permit us therefore to lay before (his honorable
Court the grievances of wliic'h Wv complain and |>ray your friendly, as well as Legis-
lative! Interposition : thatOur Brethren may be savivl from threatening nuin; wh(»
have snITe red much in their Persons, and ICstates, to the great disi|nietude of their
Minds, and Distress of their small and Ciiargeahh! Families; -And these Evils have

[Notes.] Provinck T.awr.— 170)8. 1039

arisen from some of tlio Lusvs of this Provinoc, winch aro Ecclesiastical in their Na-
ture, and liear hard upon Us, and, as we think, deprive Us of a (.'hartcr privilege;
Especially One Law, matlc in favour ul tlie I'roprictors of the Town of Aslilicld, in
tlic County of Hampshire; whicli is contrary to, and in Respect totliat Town, super-
sedes all Acts of tJencral Court lioretoforc enacted, and dechircd to he in favour of
Baptists— In consequence of which Law, and hy a i>ower ^rauted in the same to
the proprietors of Ashlield aforesaid, Three hundred & ninety erfjht Acri'S of Our
Lands have been solil to build, anil remove, anil repair wIkmi moved, a Meeting
house, in wliich wc have N<> pari, tho' Our Money helpt to huild it; and to settle
and support a Minister whom we caunot hear. The Lauds were valued at £.Ki:t L
My, sold for £lii, ;> / L Mx ; so that Our Loss is, £:U4. L MJ— part of the frauds afore-
said helouged to the rev<i Eben'' Smith a regularly Ordained Raptist Minister, who,
together with his Father and others, their Rrethreu, in the last Indian War, l.uill at
their Owu Expcnce, a Fort, and were a Frontier; and this tliey did for two years
without any help from any Quarter; from whieh, we hc<r leave lo say, tliat'they
deserve at least the common privilege of the Sulijccts ot the Crown Of England
— Part of said Lands had been laid out for a burying jtlace, and they have taken
from Us Our Dead.— They have also sold a Dwellin'g House, and Orclia'rd, and pnll'd
up Our Aple Trees, and thrown down Our fences, and made our fields waste phicea
— Perujit Us further to add. That the Act of the General Court made with Design
to favour Us, and for the .same purpose hath been renewed from time to time, is at-
tended with such Difficulties as render it ineffectual, in many Instances, an<l by No
Means sutWcient To answer the good purposes, for which, wo are willing to believe,
the Honorable Court intended it— The Difficulties arising from this (Quarter of whieh
we complain we are ready to lay before the House whenever it shall please them to
call upon Us. —

We must beg your Indulgence while we recite One thing more, which we deem
hard, and that is. a Proviso, in the above mentioned Law, or Act of General Court,
by whicli No Baptist can avail himself even of that I^aw in New-settled Towns, and
we are thereby virtually preveiiteil from settling in such New Towns.

Should we go thro' with an Enumeration of all Our (Jrievances we must take up
too much of the time of this Honorable Court, which we are unwilling to do; We
therefore jiray the General Court to relieve Us in tho following Instances; viz' —

1"' To repeal a Law entitled " An Act in addition to an Act, entitled. An Act for
erecting the New Plantation called ILoitxtown in the County of Ifiiiiipshirr, into a
Town by the name of AKhjield— And restore to the Bajitists, in said Town, the Lands
which have been taken from them to xupijort the Minister settled by Law, and give
them Damages for the great, and many Injuries they have been ma<le to suffer.

•l^'Y To enable Our Brethren in DifTcrent jiarts of the Province to recover Damages
for the flosses they have been made to sustain on a Religions Account.

;>">■ To graut perpetual Exemption to all Bajitists, and their Congregations from
all Ministerial Rates whatsoever according to the full Intent and meaning of tho
Charter of the Province; that we may all enjoy full Liberty of Conscience, as Oth<'rs .

his Majesty's Subjects, in this Province, And also to disannul all such Rates laid
heretolore on any of Our people in this Government. And your Petitioners as in
Duty bound sliall ever pray

Sign'd in Behalf of y^ "Whole Com^e S.\m'- Stillman .

Hdgh Smith
John D.wis. "—3/a<M.
Archives, vol. 14, p. 592.

" Nov. 15, 1770. A petition of the Rev'' Samuel Stillman and others a Committee
of the Baptist Churches met in association at Dillingham in Septcm'' last— Repre-
senting the difficulties they in general labour under, and particularly their Brethren
in the Town of Ashfield, and praying releif.

In the house of Representatives, Read and ordered that the proprietors of the
Town of Ashfield be notifvod of this petition that they may shew Cause if any they
have, on the second Tuesday of the next Setting of this Court why the prayer thereof
should not be granted and that the petitioners give such notice to the .said proprietors
by causing the Clerk of the -said proprietors to be served with a Copy of this peti-
tion and this order fifteen days befon; the next sitting of this Court, and that all
further proceedings upon an Act of this province intituled 'An Act in addition to
an Act intituled An Act for erecting the New i>lantation called Huntstown in the
County of Hampshire into a Town by the Name of Aslifield,' bestaid in the mean
time, 'in Council Read and Concurred."— d'lxac// Jirrorfh, vol. XXI'III., p. -Mi.

" To his Excellency Thomas Ilutchin.son Esij Captain General and Commander in
Chief of his Majestv's Province of the Massachu.setts bay &e &c

The honourable "his Majestv's Coun<il, and the honourable House of Rei>resenta-
tives in General Court asseiubled at Cambridge the •_'7"' day of Mar<-h .V 1) 1771 —

Tho pro]irietors of the town of ashtield in the county of hainpshire having been,
by order of tho honourable general court at their .s.-ssion in novembcr last, notilled
of yc petition of three of the baptist committee of grievances, a<ting in the nam.- &
by the appointment of the baptist churches met in as.sosciation at l)ellmghani in thi.s
province in September last, then preferred to the s'' general a-sseinhly, that the Haul
proprietors might on the second tuesday of the next session of the Saul court shew
cause, if anv t'hcv have, why the first prayer of the .said petition should not iKi
granted; &"having taken the said petition and order into their consi<leration. U-g
leave, by their committee whose names are hereto subscribed to return the following
answer, as containing, in their liumblc opinion, dear antl sufficient rea.'ion why the
said first praver of the said petition should not !«• granted. — But, because the griev-
ances complained of, tho' said especially to arise from the act meutione<l in tlie said
first prayer of th« peMtion, are general grievancea, iHjforo they enter upon y matters

1040 Province Laws.— 17G8. [Notes.]

intended more directly in answer to that first prayer, the proprietors conceive it to
be lioth proper aiul necessary to offer some tilings, more generally, in answer to the
petition. They also conceive it to he a duty they owe to (.ioJ and their Cotintri/, not
to be dispens(!d with, as well as to Yoii, gentloujen, (considered, with great propriety,
by the petitioners as tlie guardians of our religious and civil rights, protectors of yo
injured and the fathers of our common country) to lay open tlie chai-acter and real
springs of action, of some; of those peoi)le in this jiart of tlit; province, of late, and
not till lately, called baptists or anabaptists; tho' they mean to have a more especial
regard to those of this denomination at ashtield. The said proprietors beg leave
therefore to remark in the Hrst place, that tlie rule the petitioners have set up, & on
wliich alone they seem to ground their claim of exemption from, what they are
pleased to call, grievances and which they are forced by the laws of this governinent
to suffer, isfafKrli/ (ipplied, and therefore all arguments bottomed on it must be incon-
clusive. Ndtnral rir/ht.s (and the petitioners in this arguujeut can mean no other) as
the respondents humbly conceive, are in this province wholly superseded in this
case by civil obligation; and in matters of taxation individuals cannot with the least
propriety plead them ; and the plea of injustice in taking away their property by
law, because they cannot feel themselves willing to give it (ami this is the evident
basis of the petitioners plea) will in its consequences, if admitted, forever exempt all
men in the province from the payment of puljlic taxes if they should happen not to
be inclined to i)ay them. The question therefore that seems evidently to arise with
respect to these ]ieople is this, as we humbly api>reliend. whether good policy dic-
tates or requires the holding them still nnder their civil Oliligation in this instance,
or the releasing them from it and in the present case restoring them to a state of
nature? And of this thi; respondents are sure your excellency and honours can-
not rightly judge unless the real character and true springs of action of the people
professing themselves baptists, in this part of the county in particular, (we profess
not to be acquainted with others) are fairly laid before yon.

And here the truth obliges us to declare, that those jieople with and about ns, who
have now assumed tlu^ name of anabajitists were originally sei>aratcs, as they were
vulgarly called, from Xho established churches, without otiier name or distinguish-
ing appellation than that of Separatists. The causes or springs of whosi' separation
have been such as these— to wit with some it was an unconcpierable desire of being
teachers; a privilege or indulgence which could be no otherwise insured to them,
but by a disorderly separation from the churches to which they belonged and setiiig
up a meeting of their own (a thing easily effected when (enthusiasm runs higli)
calculated for their purpose, and regulated according to their own peculiar taste.
Others have gone on on account of some disgust or |)rejudice taken and imbilied
either against their minister or some of their brethren, which their virtue was not
sufficient to overcome and remove —

Some have left the Churches and gone to those jieople because they had been
guilty of such offences as justly exposed them to a kind of discipline to which thoy
coidd not feel themselves willing to submit. And some have had the effrontery to
say, that the standing ministry is corrupt, ministers themselves unconverted, the
churches impure & unholy, admitting unconverted and uusanctitied persons into
their <'<)mmunioii &c In a word thes(i meetings or churches or whatever else they
migtit be called, as well since as before they took their pres(>nt deiioinination, have
been a kind of receptacle for scandalous and disorderly christians; and may, with
some degree t)f jjropricty, be considered as a slide for sonn^ of the tilth of Christian-
ity in this part of the country; and on this ac<ount, chiefly, do they merit, (if this
be meritorious) — Thus pride, vanity, prejjidice, impurity ami uncharitableness seem
to have originated, and much also to have; supixirted a sect so i>ure that they cannot
hold communion with ordinary christians. \Ve would, how<'ver, candidly suppose
8om<' of th(^st! iK'ojile have been intluenced by motives in themselves gooil and pure,
but by their connections and converse they must, by this tinne have much forfcitiul
their former right to candour and a charitable jiulgmeiit— IVoplc whose springs of
action are so low and corrupt, cannot reasonably be su])[ios(>d to be indueiic'd in
their religious matters by virtuous and steady iirinciplcs, accordingly it has been
ever f(jund from their original that they have no staliility, nor their covenants any
iierpetuity; For some <>f them, after entering into their peculiar kind of covenant,
iiav(! broke to iiieces & formed anew three or four times within about tiiirty years;
And even at this day, oni; of these sejiarate sosci<'tics (iirofessiug now to be baptists)
whose whole number collected out of several towns— amounts only to twenty male
members, or thereabouts, is divided into two parts, the one too i)iire for coiinnunion
with the other. -Vnd thus they have l)een in a tluctiiating unstable state from the
beginning. Apiireheiidiiig at length that some distinguishing app<'llation might
intith' them to more notice and respect, and hoping at the same time to serve a pur-
iiose tliey have long a|)peared to ha\(! in view, viz the saving of their moiiy, they
iia\e of late collected and formed their divided and broken numbers into one bap-
lisi, or aiial>a])tist sosciety or chiircli; from which as was observed above some havo
already gone off. It would b(> tedious, and more! than the ri'spondents choose at
present, to enter so minutely into the history of these people as otherwise might bo
jiroper to establish ilje matters above alledged; wli(>uever it shall be thought neces-
sary it can and will be dom! —

At present we shall content ourselves with a.ssuring your excellency and honours
that. th(> foregoing account is not exaggerated.

We beg leave to observe here, that as it belongs to tho justice of the legislature
to ]>rotect and support all regular religious soscieties of jirotestants of <!Vcry denom-
ination, so it equally belongs to their wisdom and prudence not to encourage such
lus cannot, in any tolerable sense, answer the valuable ends of religion to tli<( C<an-
jnunily— The legislature, we humbly conceive, cnnnot, toitk iwij proiirktij, interimsc

[Notes.] Province Laws.— 1708. 10 1

in matters of relir/ion, farther than to gpcitre the f/nod find prfvi-nl the /// ((Ticts of it
to tho state. Whenever, then, any religion or pntfcssion wears an ill-a-siHci to thn
state, it is become a proper ohji'it of attention to the lej^isluture— (_)f tliis kind, most
evidently, is that religion whiili rejeets men of learnin;^ and aliility for leaehers,
and altogether chooses such as are illiterate and men of onlinary aliilities. It's
evils do not need to be i)ointed ont. It may siilUi-e to mention one tliin;; whieli is a
clear consequence of it, and that is a kind of poisoned enlhusia-sni which perplexes
and endangers the churches — And this is tho religion of y" people wliom we have
been describing —

It is therefore humbly hoped that if any farther indulgencies or exemntinns
should be granted the baptists, a jnst and nl-eessary distinction may \»- nnnle be-
tween those soscieties which are regularly fornn-d and pro]>erly organised, and such
whose very being reproacln's religion, and their principles subversiv(! of all those
ends of it which it is the proper Imsiness of y« legislature to secure to the state as
far as shall be found practicalile —

Having said these things, in general, we beg to be heard more partieularly in
answer to the first prayer of the said petition— And in the lirst piaee would ol)s<Tve
to your excellency and honours, that .ishtieiil, formerly huntstown, is a township
which was granted to a tniinber of persons for pnlilit; services tiien tlionght to merit
such a favour. The grant, however, was upon these coiulitions (besides certain
reservations that were uiude) to wit, that the grantees or their assigns should settle
sixty families in tlie township. l)iiil(l a meeting house, and settle a learned orthodox
minister of the gospel there, or in other words, a legal minister— And without //'/•-
J'orininrj the Condilions of the grant, we appreliend neitln-r the original grantees or
their assigns could hold their lands — If any certain time was limited for the fultill-
iug these conditions, the impossibility of doing it on account of tin; indian wars,
has procured us the favour of the govcrntnent, & the forfeiture hius not been taken.
As soon as it was found practicable the ])roprietors begun the setfleinent, and liave
ever since been pursuing the business as fast as might reasonably be expected under
those difficulties & embarrassments which have been a.ssiduously thrown in tho
way —

The respondents beg leave to shew in the next |)lace that the monies which have
been granted and raised by virtue of the act comi)lained of l>y the petitioners, have
been raised chiefly for the purposes of fulfilling those conditions above mentioned
and for repairing the ways— And it ought to have prt^vented the complaints of these
people to consider, that they were; under the same necessity to raise these monies
that the other proprietors were, in order to hold their estates. They took their
lands upon conditions well known; if they now dislike them, reason and common
sense loudly proclaim that they ouglit to sell their estati.-s to those; who would
gladly purchase them with those" conditions annexed, or else that they entirely hold
their peace — And we trust, when facts are truly & fully stated to your excellency
and honours, you will tind these jieople have not now, and indeed never had any
just ground of complaint against us on account of our having sold their lands; so far
from this, they have even wilfully lS: perversely obliged us to do it.

Bv the act complained of the jiroprietors of Ashtield were not only enabled to
raise monv for building their meeting house and repairing their ways, but. as was
reasonable in the infant state and low circumstances of the inhabitants at that ♦imo
and perfectly agreable to or rather in exact iiursuance of tho tnu; spirit of y<= Con-
ditions upon'which thev held their estates, perjilexed too ivs they were by the bai>-
tists, they were also impowered to raise mony for th«; support of their minister;
and for these purposes have they raised monies lus they had occasion— To show that
this grant of power to v^ proprietors to raise mony for sni>porting their minist«-r was
perfectlv conformable 'to tiie spirit of the conditions of the original grant of their
lands, we beg leave to observe. That the obligation or injunction laid upon the pro-
prietors by the government to setrh; sixty families and a minister, can have no other
so worthv and generous intendment as this, viz That all the prttprietors of whatever
denomination should contribute equally towards tlu! support of the lirst legal nnnis-
ter, until the people supporting him sliould amount to sixty liouseholders in number;
and if the best and most worthy intendment be the best rule of construction, then,
as there was not at the time of making this grant of jiower to the iiroprictors that
number of householders actually there, the eonsequenci; is clear that the monies
raised by virtue of the act were merely for tlu^ purpose of performing y« Condilions
of v« grant, even that for supi)orting the minister among the rest-
As the iiropri(itors hav.) assessed the monies raised f.-r these several purposes
generally & ^ndiscriminatelv, the baptists have ever taken advantage of it, and
worked out their rates uiion the ways (In-edfully however sp<Miding that labour n|>on
those wavs which might more imnndiatcly b.-nefit themselves, which ought to have
been laid out on the wavs in general in th(; Town) .\nrt by this means they have fre-
nuentlv brou-^ht the proprietors into their debt and received orders upon the trean-
iirv— This notwithstanding, when called upon for th<-ir rates th.-y have refiise.l to
paVthem and taken the monv due for that labour out of the Treasury: and tlius
forced us into measures of which they now unrea.sonably complain. Ami so far
have we been from a wanton ami nnrea-sonable use «if the jx.wer given us l.y thai
act, and whollv to take away tin; plea of inability, when their laiids have been bv
such perverseiiess forced upon sale to raise their rates. we_ have freq.wntly ofTered
them the loan of our monv to prevent y .sale, and it hath lH?en as often r.jecte.i.

We hcT leave to observe before W(; llnish this liea-l. that the representation he
petitionees make in th.ir petition is both very unfair an.l false-Tiey represent that
■m acres of their land worth £-Ki lawful mony have been soM for £ U. -T for
buihling a meeting house in which they have noj.art^^nd for '*«\»''"K»»;l/'»PI" '"•'"«
a miuisnr tfir^ ruuuot hear. As the valuing their lands Is wholly arhitrar.v . lliey

1042 Peovince LA.WS.— 1768. [Notes.]

may fix that value as they please; we do not believe they are of so great value-
But, as to the number of acres sold, the representation is not true, there having been
only --iOG acres sold in the whole — If y^ sum for which it was in fact sold be really
small, the proprietors are not to be charged with fault— There was not only great
care taken to sell those lands, the sale of wliich might least incommode the owner,
but great pains also to obtain the value of thom— but the liighest bidder according
to custom must have it— and iiurchasers can't be laid under any force or control in
those cases —

Tliat the proprietors have ever knowingly sold any of their lands laid out for a
burying place, is not true. One of the lots, part of which is sold, we have since the
sale been informed has had one still-born infant buried iu it; but whether y^ lines
including the ]>art sold will take in that infant; is matter of real doubt and uncer-
tainty; however this may be, we can truly say, we have no disposition to disturb
their dead. Tlie charge of our having sold a dwelling house, we are constrained to
say, is notoriously untrue. As is that also of our pulUng up their apple-trees and
tlirowing down their fences.

Tlie former is so far from the truth, that we have ever been desirous to know
where the loss of their lands would least hurt them, and scrupulously endeavoured
to serve them in this particular; altho' when we have made the inquiry y* answer
has been 'sell where you please ' — The petitioners further say that the proprietors
have sohl i^art of the lauds of ' the Revi Ebenezer Smith a regularly ordaiu'd
' baptist minister ' — As this seems to lie particularly pointed & is clearly intended to
represent a grievance of apccitliur and cxtraordinnrij kind, tlie respondents humbly
trust they shall be indulged a manly and just freedom in their remarks upon it, &
by the gravity and stu'iousness of these remarks sliall hope to set their candour and
good temper in the best light at the same time— In answer then to this jiart of y-'
charge we confidently affirm that y^ same is grossly collusive, and nothing less
than an insult upon this hon'>'« Assembly- That there is such a man as Ebenezer
Smith, is true— That this same Ebenezer Smith is ' « rcfinlarli/ onlaincd ininistrr' in
a legal, or scriptural, or any other commonly received sense of y" words, is as no-
[1692-93, chap. toriously not true. I>y an antient statuie of this province a minister is to be ' able
26J learuedi orthodox' — liy a later statute in addition to it, no man, who has not had

[1(59-60, chap. .^^ education at some university College or pul)lic academy, or received a degree
•l from one of these, or at least-received testimonials respecting his being qualiliiHl for

the work of the ministrj^ from the major part of the ministers in the county in which
he is minister, is intitlcMl to the bcnehts expressly provided in the law for ministers
— and therefore in law is not a miiiist''r. And one who has not some of those quali-
fications cannot, especially in an address to y« legislature, with any propriety or
truth, be called a regularly ordaiu'd minister. And tiiat this M"" Smith has iioonc of
the requisites or qualifications pointed out al)Ove, not only we, but tlie petitioners
themselves jierfectly know; cyrpi, perha|is, <>rHi"<l".i-!i—\ud even of this we must
doul)t, if ability constitutes in part, the rule for determining this imiiit— In proof of
his unfitness in jiuiut of aliility, (and lie can have nothing else) it shall suffice To note
one instance of his weakness and unpardouabh! ignorance as a teacher — taking oc-
casion to say something in oin; of his discourses upon tliat i>assage of .scrii)tiire iu
which mcnlion is made 'of the thick bo.sses of Goil's buckler '—instead of ' Imck-
ler ' — h(! gave his hearers y" word ' butler ' — being interrogated by one occasionally
present as to his meaning, he exjilaiiU'd himself so as clearly shewed he meant to
connect the other part of y sentence with 'liuller'— iu tlie proper and connuouly
receix'ed sense of the word. And we hav(> good reason to courlude he still remains
unassisted by any extraordinary supernatural light or influence; and at the same
time to say, that he has none of y qualiticaiions of a minister according to the laws
of Christ, or of this ])rovince, unless those of siinplicili/ and (irt/nnl u-i/ — lie will
ap|i(!ar still less to deserve so liigh a stile when it is considered, that the governing
views iu his ordination were, the preventing the ]iroi>rietors any advantage from y"
leyal & regular settlemmit of the ministry among them, and their, that is, the
bapiists availing; themselves of the right and other advantages which belonged to
the lirst legal imnmbeut.

We mention this not only to support tlie charge of collusion & abuse, but also to
convince your excelhMicy and honours, that y"-' ]>eople who with skcIi views will
ordain anil receive .oc/t a teacher, cannot greatly merit of lht> governmi'Ut— These
things might be sufficient to shew that their whole complaint (or indictnuuit rather)
is groundless, but since they have rejiresented their situation as most disastrous and
sad under an administration as just and mild as any under heaven, and seem to be
claiming exemjitions upon tlie|)leaof conscience, we must beg to b(\ 4ieard a word
U|ion this j)oint also— iV; Iu order to show that, liotli tlie plea of these people and
their claim niion that jilca are groundless, we would obscr\t^ that their pretensions
eaiiiiot l)e sup|)orted by facts. Those who first left the cliunhes, (and those also
who liaV(! gone olT since) se|)arated uiion some of those grounds of separation above
pointed out. The leader and father of the separates (as they an; most jiroperly
called) at .\shfieid left y" church of south hadley among other rea.sons because they
di<l not see fit to espouse .T. quarrel lie had eiigageil in with on<' of tli<' brethren, for
telling a most trilliii;^ story about his jiulling the teeth of his own children to make
trial of certain iiislniinents he had been constnicting for the pnrposi — .^o far from
being liaptists, they never for a course of years, to our knowledge. |)rctended to bo
of Iliat denfiniination; or thought of refusing to pay taxes with us; liut were acting
and \()tiiig with us in the affairs of the propriety— And their comluct, both then and
ever since, has savour'd more of a high kind of iiuakerism. than any thing Else—
(h) )W/.<//or?)— The truth is at first, ami for some time, they neither knew what they
were lior how to name themselves— Tride and vanity (some of the curliest springs of
Bcjiaration) liaving caused them irregularly and unwarrantably to leave the huinblo

[Notes.] Province Laws. — 1TG8. 10

post of the ordinary and modpst christian for that of toachcrs, Ihpy exercised thoin-
S('l\es in this business till it liad j^rown soiucwliat t-asy; lln-ir iulixirtancc ami tho
dithculty of a return lo tlicir duty cm-reasin;; in ])rftty ('(inai |iri>|i(>riiiin, it scion
became impossible for persons so lioly as tlif.v, and favoured wiili such an extraor-
dinary friendly correspondenee with iR'aven as they were, to submit to the Iniinili-
ating circumstances tliat nnist attend a dutiful return to their lirst station— Tlnis
they have been forced by their jirido into that religions course in which they still
remain— But, as we said above, they have all along been anonymous, till they ha|v
pened upon the lucky name of ba|itists; assumed, we have no doubt, to servo that
grand purpose their petition holds up to view — This account, we hinnbly trust, will
not only fully wipe otl or prevent the reproach intended us, but also pluco y' i/oreni'
nient in a better point of lij?lit than h;vs been intended by them.

On the wliole, as the act I'omplained of was made to ai<l the proprietors in jier-
forming tlitf Conditions of the grant of the township, and did not extend their power
further than was cl(?ariy necessary, as the ])roprietors have always endeavonr'd reli-
giously to conform in their proceedings to y ilirections of it and never wantonly or
unnecessarily sold the lands of y*-' baptists, and as the people of this denomination at
ashfield cannot ground a claim of favour upon any of those valuable ends of religion
to the community, whicli »!very profession entering such claim ought manifestly to
answer, the respondents rest assurcil. that your excellency and honors will not, for
anything offered l)y the petitioners, grant their prayer for tin; rcp(!al of the said act-
For the same reasons, together with these in addition, to wit, that the taxes for pro-
curing which the baptists lands were so' ., were raised for purposes which thev were
equally with us bound to see effected and in effecting of which they as a boily and
as individuals have really protited, and that it would be both unjust and illegal and
set the government against itself to order restitution or damages ai-eording to tho
prayer of the petition, they rest farther assured, that for any thing offered by the
petitioners your excellency and honours cannot, and therefore they humbly trust
you will not grant any part of the said first prayer of the petition— all which Wo
numbly submit to this honourable Court.— and a.s in duty bound will ever pray &c —

Jonathan Tavi.ou \
Timothy Ivinvis Com»"

S.VM^-'- BF:i.r)i.\r. > of the
Benj.v Pm 1 1, 1. IPS s"*

Pini.ip PuiLLirs J Proprietors."
— Mass. Archives, vol. 14, /). 506.

"Apr. 12, 1771. A Petition of Benjamin Beal and others Proprietors of Lands in
Ashtield in the County of Hampshire— Setting forth That a numlicr of the Propri-
etors of the said Ashti'eld unknown to the Petitioners appli<'d to the (b-neral Court,
and, in the eighth year of his Majesty's Reign, obtained an Act to impower the said
Proprietors to raise Monies for sundry uses in .said Act mentioned: by virtue of
which, large Sums of Money have been assessed on the Lands in .said Town, which
have been paid by the Proprietors, or their Lands sold for that pnrposi — That the
Petitioners apprehend this way of raising and collecting Monies is attended with
great expence and much wrong therein- oft times done to the ]ioor, the Widow and
the Fatherless— And, inasmuch" as the said Proprietors have paid within eight or ten
years past about fifteen hundred pounds lawful money— I'raying that they may be

relieved. , , , . t. •

In the House of Representatives— Resolved that the prayer of the foregoing Peti-
tion be so far granted as that the Petitioners notify the Proprietors of Ashtield of
this Petition by leaving with the Clerk of .said Proprietors an attest<;d Cony of this
Petition that they shew cause, if any they have, on tho s<-cond Wednesday of the
next Session of the General Court why the prayer thereof should not be granted,
and that all proceedings in consequence of the Law of this Province, in the Petition
mentioned, be staid in the mean time; the Copy above referred to, be left with the
Clerk of the said Proprietors thirty days at least before the said second \\ ednesday
of the next Session of the General Court. In Council, Itead & Concurred, Con-
sented to by the Governor."— C'o"»/.77 Rcronh, vol. XXVIII., p. ")(>;.

" Apr. 17, 1771. A Petition of the Rev<i Samuel Stillman and others a C oinmittee
of the Baptist Churches met in association at Bellingham in Septenr last— as entered
the 1.") day of November last. , ^, , , , „-■,,• t, .

In Council Read a"-aiii together with the Answer and Ordered tliat U illiani l.rat-
tle and William Sever E.sq" ^jth such as the h<mh'>- House shall join be a Comuutto.)
to take the -same into consideration, In.-ar the parti<-s and mak.- Report what they
think proper this Court should do thereon. In the House of Kepreseiitatives. Keail
and Concurred and Cap' Barney, M^ Akin and M^ IngersoU of W esttield an- jomed.

~" Mrrrl5, 1771. The Committee appointed the 17 instant on the Petition of the
Rev'i Samuel Stillman and others a Committee of the Baptist Churches, made the

^°ThIcoinmi'tteVupon the Petition of the RevJ M^ Stillman Smith and Davi.s have
attended the service assigned them and very fully heanlth.; part..-s. beg leave to
Report-l^t That if said Reverend G.=ntleraen had in their Petition '^^^^ •;'';• .I''. "-
eral Court with more good manners and truth, they would hav.- cast no blem sh
upon their sacre.l Character by so doing-2'i'.v Ther<, is an essential .l.fference l,e^
tween Persons bcMug Taxed where they arc not r.-pres...ted,n.erefon.a^a.n.st^ their

Wills and " ' - - .^

quence of

Them to ei

denomination removes from hence to j!.ngianu in omei t.. i'"7"";'^. ':,%•;,; "y;;.; -"„:

lives there-he knows what the consequence will be as to hi.s pajing Tjthe-s jet

104:4 Province Laws. — 1768. [Notes.]

after he does remove and purchase there, can he with any justice coniphiin when
Tythes are demanded, and upon a refusal to pay for them or to lie destraincd on for
them; or when a Man purchases an Estate under a Mortj^age and he knows it to l»o
so, what sort of Conscience would that he that could not consistent therewith dis-
charge the same ? The Petitioners complain that their Estates were taken from
them against their Wills: and very right it should he so when their wills and their
Consciences are against doing what they engaged to do and what if they had not
engaged to do they would never have had any grant of them at all. The General
Court have made sundry Laws for the relief of Baptists: The last gave universal
satisfaction 'till of late, but still if there can any thing further be done for their relief
consistent with the Laws of C4od or Man, or not repugnant to either, your Conunit^
tee hope it will be done, and therefore upon the hearing earnestly desired the Kevl
M' Davis in writing to lay before the Committee what he desired further might he
done so as that we might lay it before your Excellency and Honors. Your Commit-
tee would further observe that A D 1735 upon the Petition of Ebenezer Hunt and
others, the Court granted them a Township of the contents of six miles square, and
that said Town should be laid out into sixty three equal shares, three for Public uses,*
and that on each of the sixty shares the Petitiouers in three years from the confirma-
tion of the Grant settle one good Family, have a House built, six acres of Land
brought too, and that they settle a learned Orthodox Minister there, build and finish
a convenient Meeting lioiise for the Public Worship of God, and that each settler
give Bond &c to the Province Treasurer for the fullilment of said Conditions, and
if the duty on any lot was not performed, said Lot with its rights to revert and be
at the disjiositiou of the Province. — That A D 17G5 said Plantation was erected into
a Township by the name of Ashfield wherein it was Enacted that all Taxes that
should be raised for settling a Minister, for his support or for building a Meeting
house &c he levied on the several Proprietors of said Plantation according to their
interests until the further Order of the Court: This Act of Inrorporation no ways
militates with the Conditions of the original Grant hut is rather in affirmance of
them. In the eighth year of the Reign of his present Majesty there was an addi-
tional Act to the first mentioned in no wise repugnant to the other, wherein ]>rovis-
ion is made for the sale of any Proprietors Laud lying in said Town that should bo
delinquent in performing the Conditions aforesaid.— Now the Petitioner Smith and
others are aggrieved at these proceedings, say they are deiirived of their Charter
Right, liberty of Conscience; that they are persecuted, and that they ought to be free
from perfori'ning these Conditions on their parts, because they are of another Pcr-
swasion viz' Baptists, and that by the Laws of the Province relating to the exemption
of Baptists they are excused; and the Laws rehvtive to Ashlield so far as they resin-ct
them touching Ministerial charges or the building of a Meeting house should bo
repealed and they exempt from paying Taxes as aforesaid:— Upon which your Com-
mittee beg leave to observe, that in humble imitation of the spirit and disposition of
the good people of this Province and of the whole Legislatur(! of it for a great many
years back if they thought it any way effected liberty of Conscienee, in the least
iuilitateil with any Law of the Province in their favor, we should lleport in favor of
their Petition, but we apprehend quite the coiurary for the rea.sons following vi/.»
There never was a Law relating cither to Cluuclunen Baptists or Quakers ex(>mpt-
ing them from paying Taxes considered as Proprii^tors or (irantees in a new Plan-
tation. The Laws relatives to them respect only such Rates as are assesseil by
Towns, District, or Parish, and this distinction is very material and very rational
and not anti-christian. The end and design of the Grant of waste Lands by tho
(Jeneral Court is this, that they shall be improved, that which was uu'cr naturo
should be cnltivateil and improved for the increase of his Majesty's good Subjects in
this Province, their Trade, jiroduce and business; this is (piite agreable to the design
of King William and Queen Mary in theirGrant of tiie Charter: but liow eau this
be effected when jierhaps half in every new granted Township refuse complying
with the Conditions of the Grant, pleailing Conscience, whicli Conditions they were
perfectly ac(]uaintcd with when they acceiitcd the Grant. In new Townships the
Grautc^es when all uniti! to |)erform the Conditions go thro' a vast many hardships
and euccuutcf a thousand dillicullies before the .same are iierfoimed: to excuse any
under anv pretence whatsoever therefore would be nin-casonable and cruel upon tho
rest, if tliey W(!re ol)ligcd to do their own duty and the diUy of their delintpu'Ut
Brethren. Is this Cons<'ience? Or is it eonsciiiiice that a Man should not be
obliged to do what he hath solemnly and voluntarily covenanted to do V Now what
other method can be devised, but to sell the Lands of tho.so vlio coiinrirndoHabi say
thai vuU not he as (/nod as Ihcir icanl or l.-icp llnir Corciunit llm' it he .s.i iircathj to the
j>r(}ii<li(i:of till- riibliv? Is it not mcue favcu-alile to these delin(pients that part of
their Laud be sold in fullilment of their engagements than that 1ht> whole sliould
nn-ert to the Province? which is the very Ti'min> of their Grant and by which Wwy
liold their Lands— Your Comniittec liud that in the sale of these Lands there was no
unlainiess but every thing was quite fair, (piite neighl)ourly and rpiite legal, llpon
the wholi' your Counnittec tlio' desirous that every tiling might be done that can bo
desired for Persons of every denoininalioii of Christians wheri'by they may worship
C!od in IlK'irown way and iiccording to their Consciences without any let or nuilesta-
tion whatsoever; yet for the reasons abovenu-ntioned aiul many more that might
ho offered it is our opinion that said Petition be dismissed.

W. BuATTLE by Order

Upon whiih the following order passed viz*— In Council, Read and accepted and
Or.lind that the said rdilioM be dismissed .accordingly.

In tlie House of Itepresentativcs, Head and Noneoncnrred and Ordered that M'
Denny, Col" Bowers and .M' Ingi-rsoU of Great narringtiMi with such as ilie lion'''"'
Board sliall join be a Comnnttce to bring in a Bill for repealiii;,' and making void an

[Notes.] Pkovince Laws. — 1768. 1045

Act matlo and passed in the eiglitli year of his present Majesty's Rciu'n iiitilli il, ' An
Act in addition to an Act for (tcciIm;^ the new I'laniatiim culled Iliinlstown in tlm
County of Hampshire into a Town hy the uauie of Aslilield.' — InC'oun< il, U«ad and
Nonconcurred." — Ibid., p. ySti.

" To the Right Hon*""-- the Lords Commissrs of Traile an<l Plantations.
The humble Pctitic>n of Sanuiell Stennett. D.I), on hehalf of the Baptists in Ash-
field in the County of Hampshire Mew England.
Sheweth,

That by a Grant from the General Assembly 17<)5, the Plantation of Ilnni.s-town jliO.'V-flO, clmp.
iu the County of Hauipsliire was erected into a Township by the name of Aslilield 13.]
with a condition that the Settlers should build a Meeting place and support an Inde-
jiendcnt Minister— That 17 families were settled in Ashtield, nt which I'J bi'ing IJap-
tists, a Baptist Church was immediately established there— That the Indciicndents
also established a Church there, requiring the Baptists to support tlnir Slinister,
agreeable indeed to the terms of the Grant but contrary to a (icncral Law fn-cing
Baptists and t^uakers from taxation towards the support of other Chnrdics—Tliat^ f 17.')7-58, chop,
tlie Baptists therefore refused to pay towards the sni)port of the Ashtield liidepeiid-" -'i.)
ent Minister That in May or Juiu> 17(i8 an Act passed in addition 1o the aforesaid
Act of 17(35 whicli coiitirmed the Grievance complained of— That the Bajitists still
refusing to comply their effects were; destrained for payment That they have since
petitioned the Assembly for a repeal of the Aslilield J^aw passeil in 17i>.S, and that,
not having obtained such repeal, Your Petitioner— humbly prays, on belialf of the
said Baptists, that his Majesty will be graciously jileased to disallow the .said Ash-
tield Act and as speedily as may be judged convenient, as the time limited for the
King's disallowing it is now very near expiring.

Your Petitioner begs leave also further to observe, that he apprehends the Act
passed Nov. '20. 1770, at the request of the Baptists, for the amendment of xhf Gen-
eral law in their favor, does not operate to remedy the Grievance complained of in
the Ashtield Act of 17().S and apprehends that this is the opinion of Governor Hutch-
inson, as well as the Baptists themselves — He also presumes, if any other object of
the Ashtield-Law (besides that respecting the interests of the Bai)tists and t^uakers)
shou'd be affected by the General disallowance of the said Act, that that inconven-
ience may be remedied by the Assemblv's passing another Bill to that pnri>ose
And Your Petitioner &c."— " J/a,s.s. Bai/, B. T.," rul. 81, 0. o., i;J.
"Wednesday May 2ii'>d 1771.
At a Meeting of His Majesty's Commissioners for Trade and Plantations.

Present
M'' Eliot »!■■ Roberta

Mf Fitzherhert. M"- Whately

Read a Memorial of Dr. Stennett praying their Lordships to recommend to His
Majesty to disallow an Act passed in the Province of Massachusetts Bay in Juno
17G8 'by which the Antipedo Bai>tists and Quakers are compelled to pay to the
'support of a Minister of a different persuasion '

Their Lordships thereupon read and considered the said Act and it was ordered
that the Draught of a Representation to His Majesty should be prepared, proposing
that it may be disallowed.

So^v3iE Jeny.ns." — "Trade Papers,"

"'''*'"" At the Court at St. James's the 31»' day of July 1771.

Present

The King's Most Excellent Majesty in Council Whereas the Great or General
Court or Assemblv of His Majesty's Province of the Massachusetts Bay in New
England did in June 17G8 pass an Act which hath been transmitted lutiile-l as fol-
lows viz^ —
An Act in addition to an Act intituled an Act for erecting the New Plantation

called Hunts Town in the County of Hampshire into a Town by the name of

Ashfield.

Trade
Committee

to°His x^Sestv"that"Thrsakl Ac^ ougi'irt^ b^^
same into consideration was pleased with the advice of Hi.s Privy Council to de.-laro
his Disallowance of the said Act; and to order that the said Act be and it is hercb>
disallowed and rejected -Whereof the Governor, Lieutenant Governor or Com-
manderfn Chief of llis Majesty's said Province of the Ma.ssachusetts Bay for the Mm.,
bein- and all others whom it may concern are to take notice and govern tliem-

^^^Sl^'^t^'u^'^ IuUton-:Xo^- ;^' Ashfield af^ur Go^.rnor
Hutchinson happened to look and And that the word ^-.v^orMv.xs^^^^ ISTi

to have it renealed. This was done, anu its rept-ai «!i3 eiieenu, ...... ...... ......

ODPrelsors had the r turn at waiting upon one Assemblv after another nnsucccHft-
fK for though several acts were framed for them, yet the consent of the Governor

10-46 PuoviNCE Laws.— 1TG8. [Notes.]

could not be obtained, till they found out what his mind was, and conformed to it."
— Backns's Ilistoni of the Baptixts, 2 cd., vol. 2, p. KiO.

See, further, 1770-^71, ehap. 10, 1772-73, chap. 30, and 1773-7i, chap. 24; and notes,
post: also, 1757-58, chap. 20, ante.

Chap. 6. "June 2, 17G7. A Petition of the Freeholders & other Inhabitants of
the Town of Windhfini in the County of Cumberland — Praying that the assessors or
Selectmen of the said Town for tlie time being may be authorized to Assess on
every acre of tlie several hundred acre lots in said Town, not otherwise Taxed, one

Eenny yearly towards supporting the charges of clearing and preparing Roads,
uilding a meeting House, supporting the public worship and other public charges
necessarily arising in the Town.

In the House of Rein-esentatives. Read & Ordered that the nonresident propri-
etors of the Town of Windham be notified by the Petitioner of this Petition by in-
serting it in three of the Boston news papers three weeks successively to shew
cause on the second Wednesday of the next sitting of this Court why the prayer
should not be granted. In Council, Read & Concurred." — Council Records, vol.
XXVII., p. 13. •

" Mar. 4, 1768. A Petition of the Town of Windham Praying liberty to assess on
the 100 acre Lots in said Town not otherwise taxed, one penny yearly per acre to
help defrey the charges of said Town as entered the 2'* of June last.

In the House of Representatives. Resolved That the Assessors of the said Town
of Windham for three years next ensuing be authorized and impowered to Assess
yearly one penny ^ acre on every hundred acre Lot in said Town of Windham not
otherwise taxed, except ministerial and School Jjauds. That the said Assessors be
impowered to enforce the payment of such Tax by legal Sale of so much of the de-
linquents Lands as shall be necessary to pay the said Tax and charges thereupon
arising; and that the said Town be impowered in their March INIeetings for the said
three years next coming to choose two Collectors one of them to be an Inhabitant
of Marblehead: That one half of the money raised by said Tax be paid into the
hands of the Treasurer of the said Town of Windham to be by them applied to tiie
paying the minister and other Town charges the (jther half to be iniid into the Pro-
prietors Treasury to be by them apjilied to the opening and making )iassable such
ways as still reiiiain in a wilderness State. In Council, Read and Concurred, Con-
sented to by the Governor." — Ibid., p. 288.

Chap. 9. "Jan. 24, IH'A. A Petition of Joseph Wilder, Caleb Dana and Jona-
than White, a Connnittee Chosen by the Owners of Lands in Roston Town N" 1,
otherwise called Charlemont at a legal Meeting on the 20"' day of October last, S(!t-
ting fortli, That the Said Township was heretofore granted to the Town of Boston,
and by them sold to John Reed Esq'' who reserving 1700 Acr<'S to liims<>lf sold tho
remainder, thr. jjrcsent owners thereof have (such of them as arc residents) been
jirotectcd tlirough the War. and divers others have not fulfilled the duties enjoined
ui)on Ihem and I'raviug tluit a Tax of one iienny per Acre !»> laid on all the Lands
in said Town for the term of thr(!e years, except the I'ublic Lands, and certain
Lands of IMess"^ Hancock Raljhviu and Cunningham, who have given awaj' one
half tlicir several Rights to procure the Settlement of tlie sai<l Town.

In tli(! House of Represtuitatives Ri'solved That a Tax of one I'cnny per Acre I)0
laid upon the Lands in tlic within mentioned Townslii|i (twenty live hundred Acres
bcdouging to Thoiuas IIan<'oik Es(|rli\(r hundred Acres liclonging to the Heirs of
M'' Nathaniel Cunningham four hundred and forty Ai-rcs beionging to ^l'' David
Baldwin, and the I'ulilic Lands ex<'eiitcd) for the space of three Years ne.xt to come,
and that the ISbuiey so raised shall be imin'ovcd for the following purposes viz* for
the Settlement of a ISIinister, the Support of preaching, liuishing tin; Meeting
House, and for further clearing the R<iatls in su<-li manner as the proprietors of
Lands there shall order and determiiu! at their IMei-tings for such purjioses called
and lield, and the Assessors and Constables or Collei'tors of said Townshii) aro
hereby inii)owcrcd to assess and Collect an<l Coll(>ct * the same and in cas«> of uelin-
(]uency in any of the I'ro]irictors bound by tills Tax that their Lauds shall lu^ sul>-
jcct to Sale as is jirovided liy the I^aws of ibis Province in case of Noiqiayment of
Taxes in rrojirietors. In Council Read and Concurred." — Cotincil liecords, vol,
XXV.,p.U\K

" June 4, ntiO. A Petition of Aaron Rico agent for the Town of Charlemont —
Setting forth That the Ciraut(>es of said Township have so conducted their Affairs
as to liave at this tiinc! only thirty Families settled therein, altho' the Grant Wiis
made near thirty years since upon the like conditions of seitlcnu'ut as other Towns.
Tliat the ( H'licral Court have already granted a Tax of one ])cnny {|'' Acre for threo
years on all the Lauds in saiil Town for making Roads, building a Meeting House
iind Mills and for tlu' support of divine Worship, notwithstanding which tho Meet-
ing IJousi! is only raised iV coxered; that they have no ^Minister yet settled, and ono
half of the Inhaliilants are in low Circniustaut'cs, whereby they art^ rendered una-
ble; to do these; tilings (heiuscdves. And lu'.aying that the Ncmresident jiroprietors
may be obliged to fullil the conditions of Settlement, so far as belongs to them, and
that there may be a tax of one penny j/' Acr(> for the term of three years granted
on all the Lauds lying in said Town for the jMirposes beforennuitioned.

In the House of Representatives. Ib'ail anil Ordered that the Nonresident pro-
prietors be notilicd of Ibis Petition liy iusi'riiug the same in two of tho Boston
News papers three Weeks successi\ely that they may shew cause if any they have
on the second Wednesday of tho next Session wliy the prayer of the Petition should

• SU.

[XoTES.] Province Laws. — 1768. \{)\i

not be granted, and also wliy the Condition of tlio drnnt has not boon roinplyeil
with, in Council, Read and Coneurri'd. "—/')/</., m!. A' AT/., ;>. '_'•_'•'{.

"Feb. 0, 17()T. A Petition of Aanin Ri.-r in behalf i>f tiie InliiibitantH of Clmrle-
mont praying for a Tax on the Lands of the Nonre.sident Projjrietors as entered the
4"' of June last.

In Council Read again together with the Answer of William Pead Esq^ And
Ordered That Thomas Flucker E.stir with sm h as shall ho jointMl by th.- hunonrablo
House be a Committee to "take the simic into roiisideration, hear the I'artii-.s and Re-
port—lu the House of Rep" Read & Concurred & Cap' John Browu & M^ Gardner
are joined." — Ibid., p. 3t'>5.

"Feb. 18, 17(J7. The Committee appointed the O*'' Instant on the Petition of
Aaron Rice of Charlemont made Report & the following Order passed thircon viz'—

In Council, Read and accepted: and Ordered that, there be a Tax of oni! penny
<^ Acre yearly granted for three year.'^ upon all the I^ands in the Town of Cliarlc--
mont (Public Lands excepted) and that the money thereby arising be applied a.s ffd-
lows viz' Fifty Pounds jiart of said .Money towards linishing the Mei'ting IIouso
already set up in said Town, and that the remainder of it be applied to pay for
Preaching the Gospel and settling & supporting a Minister. An<l that iIk- .said Tax
be final so far as respects those Proprietors who have settled a proportional>l(^ nundtor
of Families in said Town. The Petitioners to enter an Account of their doings in
the Town Books. In the House of Representatives, Read & Concurred. Consented
to by the Governor." — Ibid., p. o97.

Chap. 12. The following petition was read in the House of Rejiresf-ntatives, Feb. fi,
17()5, and referred to a conimittc(% who reported a bill, on the bSth of the .sain<!
month, which pro\ided for the building antl maintaining a bridge, at the plaee des-
ignated, at the equal, joint expense of the town of Westlield and the county of
Hampshire. This bill was committed, the next day, and the' petitioners were di-
rected to prepare a new draught. The new bill was read a first time, in the House, *
Feb. 21, and, by the 27th of the same month, was enacted. See, ante, 17W-(>5, chap.
23.

" To bis Excellency Francis Bernard Esqf Captain General & Governour in Chief
in & over his Majesty's Province of the Massachusetts Bay in New England & vice
Admiral of the same to the ilonourable his Majesty's Ctmnsid & ll<ius(! of Heprc-
sentatives in General Court now sitting at Boston — .Tanuary '.t'l' A I) 17<)'>. The Pe-
tition of David INIoslcy, Eldad Taylor, John .Shepherd, Elisha Parks, & Samuel
Mather a Committee chosen & apiwinted liy the Town of AVestfield for that. Pur-
po.se, most humbly sheweth;— That whereas the Town of Wcstlield for twenty years
last past, chiefly at their own Expencc & Charge, have kejtt and maintained a cart
Bridge of twenty four Rods in lengtli a cross Wcstfield great River near the Mills.
to the great Utility & Advantage not oidy to the Inhabitants of .said Town & the
Towns adjacent, but to the Publick in general, in Time of the Freshets or high
"Water, which frequently happen in the Course of a Year for many Days together so
deep & rapid as to render it impassal)le at any of the ford Ways, which Inunda-
tion increased the last Spring viz in Febrtiary to such a Degree as to carry away the
Mill Dam above the Bridge, whi<h was the Safeguard of the Bridg<^ & whi<h wa.H
followed with the total Destruction of Said Bridge (which w.as. something decayed
by Age) although it was the sec(md Bridge in that I'lace built within twenty years,
& altho' the Town willing to exert themselves to tin; last Degree to the Support of
a Bridge there for the publiek Good as well as their own yet finding themselves over
burthened with heavy Charges constantly arising on them from the numerous other
Bridges they support a cross the divers Rivers cV Streams running through .s" Town
& with which the Town is very much embarrassed they cannot by any .Means agn-o
to rebuild .S>1 Bridge at their own Cost & Charge as they are overborne with Ex-
pences of the like Nature. Therefore we your Memorialists liund)ly hope that your
Excellency & Honours will take the Premises into your wise Consideration & take
such Stei>s & make such Orders respecting the same as you in your Wisdom shall
think proper in Order to the Kelmilding Said Bridge, which nuist unavoidaby fad
■without your Honours Interposition & your Petitioners as in Duty bound shall ever
pjay David ^bisi.i.Y

Westfield Jany 9t»> 1765. Ei.dad Taylor

JonN Siir.r.vHD Committee for
Elis^iia Pauks the Town of

Samlkl Mather J Westliehl "—
Mm-f. Archive.t, vol. 12i, p. 425. , ,tt .n ■ . • w i . n i „.. i

The act of 17CA-C^,% chap 2:!. provided that the town of Westfield nnglit build and
maintain the bridge, and authorized the court of scssion.s for the county of IIam|w
Bhire, upon application of the town of Westfield, to tax the inhabit.-ints of sn.li of
the several towns and districts in the county,a-s the <onrt should thuik it re,as<.nabl.-.
for the expense; the money to be raised in such .sums as the court shoul.l ajjree mKin.
from time to tiine. The act did not provid.; that any portion of the exiM-nse should
be actually incurred by the town of Westfield before apply|ng to_<Jj« „':'." .''.'..'jf J*!!:
sions, nor v
management of the bridge

sions nor was anv power conferred upon the court to control the erection, rei.aira or
Bions, nor^^^<'^^j ^ J j^^.,^^^ ,j.,„. ^.^^rt, in the exenisc of their dis.retion, dcclinoa

o le^a ta^ or onler^^-allT-wanc^Vunder the circumstances; vyherenp.,n. the in-
bnbit-ints of Westfield a^ain appealed to the Legislature for. assistance, in the f«)l-
KiSwtionAvSw^ read in the House, and referred to a committee. Jan. 27.

' " t"^ his Excellency Francis Bernard E.sq' Cap' Gen' & Gov' In Chief in & oyer
is Maiestv's ProvrnJe of Massachusetts Bay in N- England & Vice Adn,i of the
,«.n« ^Tn't.L honbie his Majesty's Council & the House of Rep' in gen' Court Aih

10-18 Peovln'ce Laws.— 1768. [Notes.]

fiembled at Boston fifteenth day of January Anno Doin: ITGO— The Petition of the
Inhabirants of tlie Town of Westticld in the County of Hampshire; Hnmldy Shew-
ing, that we hibour luidcr great Ditiieultj- & Disadvantage, for want of a cart Uridge,
over the great River in Westtield at or near Wellers Mills; where the last Bridge
stood; and we heing unable among ourSelves, to l)uild and maintain a Bridge, over
that River: By Reason of the great Number of chargeable Bridges, in the Town
over considerable Rivers & Streams; that the Situation thereof, I'enders us singularly
cliargeable with; And the Inhaliitnnts in Years i)ast liave sustained heavy Charges
in building, and maintaining Brid ,'(s; over the River at the Mills; which have been
highly serviceable; for Carriages and Travellers; & would still remain So; was one
there erected. And the Inhabitants having made Apjilication to the Court of Ses-
sions, for the County, for Souk; Assistance (who were impowercd to grant the Same)
to enable the Inhabitants, to build & maintain a Bridge there; at two Terms suc-
cessively; & the Court of Sessions for the; County have wholly neglected, to consider
our Apj)lication, or to grant any Help or Assistance uj^in the Premisses. Where-
fore the Inhabitants humbly pray your E.xccllcncy & llonors would take our Case
under your wise Consideration; & grant us such Help & Assistance upon the
I'remisses; as might enable us, to build & maintain a Bridge at the .Mills afore-
said: or such other iMethods as your Excellency & Hon'"* in your Wisdom shall see
meet; and as in duty bound your Petition"' in behalf of the Inhaliitants shall ever
pray. Eldai> Tayi.ou

WiLL^' Day Elisu\ Pakks

Samoel Mather Jou>- Inceusoll
JoHX Pni:Lrs
Azaimah Mosi.ev j Com''^'^"— /6/cZ., ;). 436.

" June 14, 1766. A Petition of Eldad Taylor Esij-- and others, Inhabitants of the
Town of Wcstfield as entered l!4'i' [27th] Jan.v last— Setting forth That they labour
under great difficulty for want of a Cart Bridge over the tireat IMver in said Town,
and being unable themselves to build and maintain one, praying the; aid and assist-
ance of this Court.

In the Ilotise of Representatives. Read again and Ordered That the Resolve of
this Court of the l<St!i ['J7th] of Fi'bruary last upon said Petitinn be confirmed, and that
INIaj'' Foster and Col" Ward with such as tho Hon'''" Board shall join be. a Commit-
tee for the jiurpose mentinned therein. In Council, Read and Concurred, and
Benj'' Lincoln Es<ir is joined in the affair." — Council licford.i, ml. XXVI., p. 256.

" The Committee to whom was Refer'd the petition of tin; Agents of tlie Town of
Wcstfield in the County of Hampshire praying the sai<l Town might V)e assisted in
building & maintaining a Bridge Over the River near Willers mills So Called, the
Committee by Order of this Court Repair'd to the s'^ River view'd the Same &
fully heard the Agents & the Com'''' 0!)pointed by the s'l County, <it Others Inter-
este<l, beg leave to Report that a Bridge Over the s'' River at the place abovcmen-
tioned is absolutely necessary for the Inhabitants of the s'' Town, & will be of utility
to Sundry Towns & plantations v.itliin iIk^ s'' County of Ilampshire, & very use-
full for the East & west Travelling it also appears to the Connnittec; that the Cover-
ing of s'l Bridge! between the Buttments will be near Twenty Two Rods & the
Charm; of Building & njaintainiug tlui Samci with ye other necessary Bridges within
the s't Town too great a Burthen for Them in pro])ortion with tin* Otlu'r Towns in
the County of Ilampshire. therefore your Comin'"''' are of opinion the s'' County
ought to ('ontril)nte one third part of the Charge of P.uilding the s'' P>ridge, but not
held to pay any jiart towards the maintaince thereof, to be assess'd upon the lu-
ll alii t ants of s'' County or Such part thereof as the .Instices e)f the (!en" Sessions of the
l)caie shall order agreealih^ to a Law of tliis J'rovinco nuule in the fifth j'ear of his
]n'es(!nt ISIajestys Reign

all w= is Humbly Submitted

Benja Lincoln 4^* Order." — Mass. Archives,
roZ. 121,)). 444.

Althougli it aii]K'ars, by the indorsenKUits thereon, that this report was read and ac-
cepted in Council as early as Feb. 20. 17()7. nnd that thi^ following order in the House
was passed oidy threi^ (la.\s thereafter, the I'ollowing paragraphs are taken from the
Council lieconls as of the date licrennder given : —

" Mar. 1(», 1767. The Committee appointed the 11"' of June last on the Petition
of the Town of Wcstfield praying that they uught b<> assisted in building and main-
taining a Bridg(! in said Town near Wellers Mills, having repcU'ted it as tlM'ir
Opinion that thi^ Coiuily of Hamiishire ought to contribute! one third part towards
the charge of Imilding such Briilge, but that lliey lie not held to pay any part
towards its maintenance. Ihe follow lug Oi'der passeil tlMTcon ^■iz' —

In Council. l!i a<l an<l accepted: And Ordered dial the Petitioners have liberty to
bring in a I'.iil accordingly. In the House of Kepreseiitativcs, Read & nonconcurred
and Ordereel that the Petitioners have leave to withdraw the Petition.

In ('ouneil, Read and Concurred." — ('minvil liecords, vol. A'.VI'/., /). 4.">1.

Nothing further has been discovered relating to this subject, until June 24, 17f!8,
when, according to the House! .Journal, upon tht! petition of Jolin I n ge rsol 1, " pray-
ing that Ihe court of (Jeneral Sessions of the Peace; fe)r the e-eiuuly e)f Ilampshire, may
be' e'uipoweTi'd te> jusse'ss a sum of inone-y e)n all the' inhabitants in saiel e'ounty, for
e'ri'cling llie' brielge-," &e'., an e)rde'r was iiasseel, in lhe> Ileiuse, that a resolve bo
bniughl in, to neitify tlie' towns anel elistricts in Hampshire' County, of th(! ]iotition.
lljion be-iiig se-nt up to the' Coune-il this oreli-r was nemcone'iirre'el in, em the.2."illi; and
till' feillowing oreliT was passe'd, which, neit witlistaneling the! elate hereunelcr given,
ajipe'ars to have! be'e'ii e'eme'iirre-el in bv the' Heiuse! em the same elay.

" .Inne! 27, 176H. A Petition e)f .fejlin IngeTsol of Wostfleld— Setting forth— That it
would be very beneficial to the Inhabitants of the County of Ilampshire to have a

[Notes.] Province Laws.— 17G8. 10 j<)

Bridge built over "West field Kiver in the prcat Road from Boston to AHuuiv aiul
that the same would be very enuiinodious for Travellers; buttiiat it would i«>loo
great a burthen on the said Town to be at the sob; expeneo of building su.ii Itridgo.
That he apprehends a great i>art of the County would be well pleased to have it
built at the eharge of the County. And praying that the Court of (J.-neral Ses.sionsi
of the Peace for the County aforesaid may be impoweri'd, if thev see eause. to jussess
a Sum of money on all the Inhabitants of said County sulUcient'for the said purpose.
In Couneil, Read and Ordered that the I'etilioner have liberty to bring in a Bill
for the purpose mentioned iu his Petition. In the House of llepresenlatives, lieatl
and Concurred."— /i>«t/., vol. XXVII., p. 386.

Chap. V^. " In humble obcdienee to Your Lordship's commands, signified to mo
by M' Pownall I have perused and considered Eleven Acts passed bv the (iovernor,
Couueil and House of Representatives of His Majesty's J'rovince of the Ma.s»a-
chusetts Bay in the years 17(i>s and 170'.) intitled;

• •*••«

An Act to prevent a failure of justice by means of Offenders iu any of His Maj'y''
Colonies on this Continent escaping into this Province or from one County of this
Proviuce iuto another to avoid the punishment of their offences

* * * « « «

I am humbly ol opinion that the same are proper in point of law."— Ri-purl of Mr.
Jackson to the Lords of Tradi , Jan. 14, 1771: " ,»/«.««. lUui, B. T.," vol. 81, O. o.,5.

Chap. 16. "June 11, 17()2. The following Report was offered by the Committee
appointed for the purpose therein mentioned viz

The Committee appointed by the Great and General Court the 17"> day of Febru-
ary 17(W for selling nine Towuships and ten Thousand acres of the Province Land.s
lying in the Counties of Hampshire and Berkshire to such as would give most for
the same on the Conditions mentioned in the Oriler aforesaid; after giving Publick
Kotice of the time and place of Sale attended said Service at Boston the L"' tlay of
June Instant at the Royal Exchange Tavern in King Street, and Sold the same at
Publick Vendue to the highest BiiUler viz'

N° 3. A Township to contain the Quantity of six miles square lying between
Ashuelot Equivalent so called and the New Township called Newllingham, to
bound Easterly on the "Westerly line of the last mentioned Township to scpiare off
six miles from said given line, to Aaron Willard Esq'' for Eighteen hundred and
sixty pounds and have received of him Twenty pounds, and taken bond of said
"Willard together with John Worthington and Timothy Dwight jnW Esq'' for Eigh-
teen hundred and forty pounds." — (JanivH R"rord.'<, vol. XXIV., p. 4"_*"_'.

" June Vl, 17G(>. In the House of Representatives. Whereas in June 170'-' Aaron
"Willard jun'' of Lancaster Esq'' purchased of this I'rovince the new Township N° 3
lying in the County of Hampshire adjoining to the Township of ChesterHeld for
himself and four Others, his associates in the said Purchase, and gave his Bond to
the Treasurer of the Province with Sureties for the purchase money agreeable to the
Order of this Court &c.

And whereas the .said purchaser and his associates have made partition between
themselves of some considerable part of the said Land, and an; no\V reaily to make
considerable jiayment in i«rt of the said Aai'on's Bond aforesaid. And the said
Aaron and his associates aforesaid being desirous and having moved this Court that
they may make their several Securities to the Province Trea-surer for their several
proportions of the Sum that may remain unpaid on his Bond aforesaid.

Resolved, That the Province Treasurer be permitted to accept the several
Securities of the said purchaser and his said a.ssociates for their respective propor-
tions of the Sum due on the said Aaron's Bond aforesaid; they giving their Bonds
with sufficient sureties effectually to .secure the payment thereof; and that the same
being done the said Treasurer be directed to deliver up to the said Aaron his said
original Bond. In Council, Read and Concurred. Consented to by the Governor."
—Ibid., vol. XXVI., p. 251.

Showing the beginning and end of each year of the reigns of the Sovereigns of
England., from the beginning of the thirty-first year of George tlie Second, to
the end of the ninth year of George the Tliird.

3 1st of George the Second
32d of George the Second
33d of George the Second
34th of George the Second
1st of George the Third .
2d of George the Third .
3d of George tlie Third .
4th of George the Third .
5th of George tlie Third .
Gth of George the Third .
7th of George the Third .
8th of George the Third .
9th of George the Third .

from June 11, 1757, to June 11, 1758

11,1758, " 11,1759

11, 1759, " 11, 17G0

" 11, 1760, to Oct. 25, 17G0

from Oct. 25, 1760, " 25, 1701

25, 1761, " 25, 1762

" 25, 1762, " 25, 1763

25, 1763, " 2.5, 1764

« 25, 1764, " 25, 1765

25, 1765, « 25, 1766

« 25, 1766, " 25, 1767

" 25, 1767, " 25, 1768

25, 1768, " 25, 1769

1050

Index of Names.

1051

INDEX OF NAMES.

Pass

AbagaduBset Point 600

Abbot, Hull 521

Abbot, Samuel 521

Abercrombie, James (General), 128, 129, 131, 132, 133,
135, 142, 227, 228, 232, 237

Abigail (The schooner) 129

Abington, 11, 151, 257, 391, 479, 591, 653, 694, 713, 826, 892,

967

Acadia 106

Acadians . . .96, 104, 105, 106, 946, 947, 948, 995

Accord Pond 467, 544

Acton, 9, 148, 253, 387, 476, 587, 649, 710, 822, 888, 926, 964

Adams, Amos 521

Adams, Eleazer 126

Adams, Elisha 338

Adams, John 327, 797

Adams, Samuel .... 621, 546, 795, 940, 996

Adventure (The sloop) 128

Akin, Benjamin 103, 1043

Albany, 114, 117, 128, 132, 133, 137, 140, 232, 233, 242, 243,

348, 1049

Albany, County of 230

Alcide (The ship) 440

Aldcn, Brlggs 875

Alden, Noah 1036

Aldrich, George 636

Aldrich, Samuel 337,338,339

Alexander, William (see Stirling),

Alford, William 798

Allen, Cornelius 118,119

Allen, Ebenezer 542

Allen, James 795

Allen, James, jun 647,548,792,874

Allen, Jonathan 355,564

Allen, Samuel 441

Allen, Thomas 797

Allen, William 131

Allyn, Thomas 518,519,542

Alvord, Elijah 943

America, 79, 93, 115, 117, 118, 129, \Xi, 135. 137, 138, 141,
182, 232, 235, 298, 348, 407, 458, 506, 520, 529,
638, 639, 563, 567, 609. 630, 6.J4, 662, 670. 691,
692, 719, 768, 805, 851, '.H)3. 913, 929, 032, 9.^4,
936, 940, 947, 996, 997, 998, 999, 1000, 1003,
1032, 1045

Ames, Lemuel 128

Amesbury, 8, 147, 251, 385, 476, 586, 648, 709. 821, 886,963

Amherst, 173, 388, 476, 588, 650, 710, 823, 888, 964, 1012

Amherst, Sir Jeflfrey, 100, 104, 132, 133. 229, 2.T0. 232, 233,

234, 235, 237, 239. 240. .•M7, 348,

362, 363, 421, 427, 491, 529, 538.

M6, 002, 629, 630, 680, 697, 784

Fms

Araory, John 999

Amory, Jonathan ggg

Anabaptixts (nee Anli/'filol/aptitCn, iind Baptitt»), 67,
68, 1-22, 123, 124, ir., 126, 420, 543, 620,
876, 1036, 1037, 1040
Ancastcr and Kcstcvcn, Peregrine Uvrtle, Duke of, 926,

044
Andover, 7, 147, 250, 384, 474, 566, 586, 048, 708, 821, 886,

907,063

Androscoggin liiver 373, 682

Androes, Ebenezer 349

Annapolis 242, 348

Anne, Queen, 176, 278, 462, 488, 559, 620, 1010, 1028, 1029

Antelope (The brigantinc) 129

Antipedubaptixts {see Anabaptitls) . . 122, 1016, 1045

Appleton, Daniel 131,606

Appluton, Nathaniel 521,795

Apthorp, Charles 840, 347, .'>07

Apthorp, .TameH 7li8

Apthorp, John 346, 317

Arbuthnott, William 303

Argyll, John Campbell, Duke of . . . .044

Arroweick Inland 267, 344

Arthur, Thomas 238, 354, 547

Artichoke Uiver 677. W8

Arundel, 13, 152, 259, 393, 480, 693, 654, 714, 827, 894,

960
Ashbnmham . .739,825,870,801,908,909,946,907

Ashby OaS, 000, WH. 073

Ashfleld, 815, 870, 889, 955, 96.5, lol... 1016, 1035, laifl,
1037, 1038, 1039, 104U, 1U4I, 1042, 1043, 1044.
1045
Ashley, John .... 121, 264, 286, 4.'il. 700

Ashley, liebecca 561

Ashuelot Equivalent 4.'M, 1040

Assaw-impHil Urook 724

Athearn, James 6AI

Athol, 534, 690, 604, 627, 6.V2, 712, 738, 805, 825, 861, W2,

8BI.0«t7

Atkins, Henry Io7

Atkins, Henry, Jun. .
Atkins, Joseph .
Atkins, .Toshua .
Atkinn, Silas
Atkins, William .
Atkinson Street (llo.t-.n) .
AtUeborough, 12, IJl, r.S. 3l<-2. 4S-i, .'►42,892. 6&I, 714. 827.

M3, 96S

Austen, John •**

Austen, .John, Jun 796

Anslln, Benjamin, 108, 109, S2I, 38». 361, 621. 537. 683.

683, 81S, 814

Averel, Job •••

1063

107

326, .TOO

7», I-.17

. 131

Xid, 327, 615. 616. 1031

35H. 431

1054

Index of Names.

Page
BackuB, Isaao ........ 1046

Bacon, Asa 1036

Bacon, Edward . . 350, 352, 447, 448, 451, 452, 868
Bacon, Edward, 101, 103, 117, 118, 229, 231, 240, 354, 445

Bacon Island 993

Bacon, Moses . 1036

Bacon, William 695

Bagley, Jonathan . . 138, 139, 785, 796, 875, 954

Bagnall, Benjamin, jun 795

Bailey, Samuel 798

Baker, Ann 624

Baker, Charles 566,861,862

Baker, Edward 223

Baker's Island 359

Bakerstown 990

Balch, Daniel 799

Baldwin, David 1046

Baldwin, Henry 874, 875

Baldwin, William 272, 420, 421

Ball, John 795

Ballard, Daniel, jun 799

Ballard, John 799

Ballard, William 171

Bangs, Joshua 787

Baptists (see Anabaptists), 122, 123, 124, 125, 126, 127,
876, 1036, 1038, 1039,
1040, 1041, 1043, 1044,
1045, 1046

Bard well, Jonathan 543

Barker, Francis 107

Barnard, Benjamin 170, 798

Barnard, Balah 1028,1029

Barnes, Henry 108, 928

Barney, Joseph 1043

BamstablQ, 12, 22, 23, 118, 119, 151, 153, 229, 238, 257, 391,

419, 479, 520, 626, 547, 559, 691, 635, 640, 053,

693, 713, 734, 737, 743, 814, 826, 892, 968, 974,

1018, 1010, 1022

Barnstable, County of, 12, 14, 103, 104, 118, 119, 122, 140,

141, 151, 153, 190, 227, 238, 257,

260, 354, 355, 391, 395, 430, 441,

479, 482, 620, 547, 548, 591, 592,

595, 640, 641, 653, 656, 664, 693,

713. 716, 734, 737, 792, 814, 826,

829, 859, 874, 892, 896, 968, 970,

1018, 1019

Barrd, Isaao 944

Barrett, Bartholomew 349

Barrett, John 621

Barrett, Jonathan 171

Barrlngton 660

Barrlnglon,Williani Wlldinan Barrington, Viscount,

826, 044

Barter's Island 731

Barthurst, Allen Burlhurst, Lord .... 044

Bartlet, Joseph 333,974

Bartlclt, Nathaniel 360

BartoII,John 141,142

Bass, Jcdldlah 707

BaKsot, nuldah 109

BasHi't, John .794

BaHHct, Samuel 339

Batcheldor, Samuel 100

Batcheldor, WllUam 131

Batchollor's Brook 1012

Battorymarcb Street (Boston) . 431, 020, 921, 022, 949

BaxUT, I'aul 708

BAZlor, Ulchord 121

Pasb

Bayley («e« Bailey).

Bazin, Thomas ...••••. 129

Beal, Benjamin 1043

Bcales, Abraham 694

Beales, Benjamin 99

Bearc, John 228

Becket {nee Number Four), A51, 545, 817, 837, 870, 890,

966, 1028
Bedford, 9, 148, 253, 387, 476, 687, 649, 7lO, 822, 888, 906,

964

Bedford (Granville) 10

Belcher, Andrew . . 450, 543, 660, 785, 817, 872

Belcher, Clifford 863

Belcher, Jonathan . . 123, 340, 341, 862, 863, 864

Belcher, Jonathan, jun 104,946

Belchertown, 464, 477, 688, 650, 706, 711, 782, 823, 889, 965

Belding, Jonathan 107

Belding, Samuel 1043

Belknap, Jeremiah 171

Bell, Thomas 795

Bellingham, 7, 126, 146, 249, 383, 474, 585, 647, 708, 820,
885, 902, 962, 1038, 1039, 1043

Bennet, John 797

Benson, Joseph 339

Bent, David 735

Berkeley, 12, 152, 258, 327, 336, 392, 480, 592, 654, 714, 827

893, 968
Berkeley, of Stratton, John, Lord .... 944
Berkshire, County of, 432, 433, 434, 450, 451, 452, 465, 466,
477, 482, 531, 533, 534, 547, 548,
567, 589, 595, 651, 656, 664, 680,
693, 094, 701, 711, 716, 734, 738,
783, 790, 792, 809, 815, 817, 824,
829, 874, 8S9, 890, 890, 905, 907,
908, 945, 965, 966, 970, 1027,
1049

Bernard 816

Bernard, SirFranci8,Bart., 104, 105, 344, 351, 300, 401, 436,
442, 448, 440, 451, 452, 453,
457, 541, 542, 549, 651, 555,
556, 559, 563, 508, 571, 627,
629, 631, 633, 634, 639, 690,
693, 697, 699, 700, 702, 705,
782, 788, 790, 791, 792, 793,
794, 803, 800, 8t)3, 868, 869,
870, 873, 879, 920, 930, 933,
035, 936, 939, 940, 941, 943,
946, 947, 953, 995, 997, 999,
1000, 1002, 1003, 1006, 1011,
1032, 1033, 1036, 1037, 1045,
1047

Bernard, Walter 949

Bernardston, 630, 631, 588, 627, 650, 695, 711, 723, 736,
783, 786, 786, 818, 823, 865, 889, 965

Berry, Ilonry 108

Berry, Jonallian 706

Berry, Thomas 320, 360

Bertie, I'cregrlne (see Ancaster).

Berwick, 13, 152, 259, 393, 480, 503, 654, 714, 827, 871, 804,

054, 969, 992

Berwick-upon-Tweed 48, 115

Bcsborough, Willlain rouHonby, Earl of . . 944

Bethuiie, Oeorij;e 795

Belhune, Nathaniel 107

Beverly, 8, 147, 250, 384, 474, 586, 648, 708, 790, 800, 821,

880, 063
Blddoford, 13, 152, 250, 372, 303, 420, 436, 480, 625, 526,
565, 666. 572, 593, 627, 628, 654, 694, 714,
737, 827, 804, 060, 1019

Index of Names.

10.

).)

Paob

Billerlca, 8, 147, 252, 386, 475, 587, 548, 709, 797, 8J1, 887,

900,903

Billing^, Follows
Billings, Joseph .
Billings, Ivlclmi'd, Jun
Billingsgatf Bay.
Birch Island
Bird, Abiel .
Bixbee, Joseph .
Bixbee, Joseph, jun,
Black, Andrew .
Black Earth
Black-Point Pond
Blaokmer, John .
Blair, James
Blair, William .
Blake, Increase .
Blancbard & Ilancock
Blanchard, Edward
Blancbard, Ilezekiah
Blanchard, Joshua
Blanchard, Samuel
Blandford,

032

. 7U3
68, 529, 642, 974
47
. 802
. 170
. 170
. 799
.23,24
. 988, 989
. 1036, 1037, 1038
• • . . 735
. 504
. 7'.>8
. 998
. 798
. 107
. 794, 797
. 108
10, 149, 254, 367, 388, 432, 477, 588, O.JO, 093,
711, 823, &57, 889, 905

Blancy, Joseph 109

Bliss, Daniel 403, 797

Bliss, Lewis 548, 792, 874

Bliss, Luke 301

Bliss, Nathaniel 403

Blodget, Joseph 858, 875, 870

Blodget, Joseph, jun 858

Blodget, Samuel 795, 931

Blodget, Seth 795

Boardman, Andrew 109, 790, 949

Boardman, Jacob 798

Boit, John • ... 790

Bollan, WilUam, 111, 135, 281, 345, 346, 347, 352, 353, 3.54,

360, 368, 380, 381, 437, 438, 439, 440,

458, 459, 473, 536, 537, 542, 507, 508,

629, 630, 631, 652, 097

Bolton, 11, 150, 255, 389, 478, 590, 652, 712, 825, 891, 907,

990
Bolton, Charles Powlett, Duke of . . . .944

Bond, Joshua 794

Bootbbay 731, 870

Borland, Francis 358, 521

Borland, John 795

BoBcawen, Hugh {see Falmouth).
Boston {see, also, under the following names of
streets, <£c. : Atkinson, Batterymarch,
Bread, Dock Square, King, Leverett,
Milk, Prince, Purchase, State, and
WaUr), 5, 7, 20, 21, 22, 20, 29, 30, 41, 45, 60, 69,
71, 72, 78, 86, 88, 92, 102, 105, 100, 110, 112,
114, 117, 118, 119, 120, 122, 123, 120, 127, 128,
131, 132, 137, 139, 141, 142, 145, 140, liw, 16.8,
177, 178, 182, 189, 190, 191, 192, 212, 215, 222,
223, 225, 229, 230, 232, 233, 230, 237, 238, 239.
243, 247, 249, 205, 274, 280, 289, 290, 310. 318,
820, 321, 324, 320, 334, 337, 340, 342, 340, 347,
850, 351, 363, 357, 353, 359. 301, 302, 307, 378,
870, 380, 383, 398, 399, 401, 403, 405, 416, 417,
418, 419, 424, 425, 426, 431, 432. 430, 4.38, 440,
i42, 443, 444, 445, 446, 450, 457, 4.59, 402, 474,
486, 490, 504, 5>2, 632, 536, 537, 54.3, .540, 549,
659, 562, 500, 507, 571, 581, 582, 585, 598, .599,
600, 602, GOS, 617, 628, 633, 639, 647, 600, 661,
063, 668, 660, 678, 681, 685, 680, 689, 000, 692,
408, 697, 708, 719, 720, 721, 723, 724, 725, 730,

Paoi

733, 734, 737, 762. 761, 786, 788, TOO, 791, 7U3.
794, 795, 790. 797, 798, 7U'.>, 803, 800, Sl.l, SJO,
832, 835, H;17, 8;ilt, 849, 859, 807, Sat, b71, HTJ,
870, 879, 885, 81Kt, 902, lt05, OiO, OJl, U22. 92S.
U-JO, 9.32, 93.3, IKM, 930, 937, 039, 940, 94H, 04U,
053, 902, 973, 977, 990, 993. 094, 995, Wf,, W',,
908, 10U1, loll, 1021, 1036, 1038, 1039. |(>4:i,
1040, 1047, 1048, 1049

Boston Gazetio iw

Boston Uazc'ttc and Country Juurnal . . . 0.33

Boston Harbor loi)5

Boston Neck 222, 223, 343, 244

Bonton Post 440

Boston Town No. One 104<l

Bosworlli, Kphraim 122, 120, 127

Boucher, TlioniaH 122, 120, I'J"

Hound Brook 78,017

Bound Brook Island WS.3

Bound Pond 810

Bourn, Klisliu 636

Bourn, Sylvanus . 104, 135, 130, 227, 229, 3."i2, 438

Bourn, AX'illJani 026,030,933,948

Boulincau, James 107, 108, ItW

lioutwell, Kbi-nezer 171

Bowden, Uenjamin Uilt

Bowen, Oawon 798

Bowen, Nathan . . . 100, 026, 704, 800, 83.'>, 836

Bowen, Thomas 1.V0

Bowers, Jerathmeel, 351, 352, 665, 783, 797, 024, 947, 948,

1044

Bowes, William 998

Bowditch, Joseph lo8

Bowdoin, James, 06, 08, 104, 117, 141, 142, 228, 320. 344,

352, 357, 438, 45«1, 621, 542. 547, .V,I,

554, 603, .500, 5<>8, 600, 630, 634, 0.36,

832, 925, 949, 996, 1006

Bowdoin, William .... 108, OOO, 790. S32

Bowdoinhara 600, 0S2, 870

Bowman, Jonathan 356, ,97

Box, John 109

Boxford, 8, 102, 147, 251, 886, 475, 586, 648, 709, 821, 886,

003

Boyce, John 002

Boyer, Peter 621

Boylston 816

Boylston, Nicholas 7'.'5, '.'.'"<

Boynton. Nathaniel T'.'4

Brackett, (<amuel 8<B

Bradbury, .John . . .96. 112, 135, 6«2. 563, 626. 876
Bradbury, Thcophllus . . 356, 647, 548, 792, 874

Braddock, Edward l-'»4

Bradford, 8, 147, 261, 386, 475, 6Sfl, 048, 709, 821, 880, tKi.1

Bradford, Oaroallcl, 86, 104, 131. 140. 229, 342. 343. 6..fl.

625, 694, 097, 040. 1004. l'»'-,

Bradford, .John 1"

Bradfonl, Thomas
Braillev, Daniel, Jun.
Bradley, Samuel
Bmdstrcct, John

Bmintrcc, 7, 99, 146, 249, 383, 420, 474, 585, 647. 70S. 7'.'...

820, 886. M2

BraUle, William, 06, 97, 98. 100. 101. 104. 105. 112. 11.3.
115, 117. 11<*. 127, 132, 133. 135, 227.
228, 229. 231. 241. 337. 34", X<\, 365,
367, 301. 302. 44.>. 45<1. bl\. .'>42. 647,
664, 569. 5fl<t. .'iftS. 634, 815. ftJI, flW,
098, 009, 786. 780. 7Vl. 844. 871. 873,
Cr4, 024, 920, 931. 933. 048, »»4, 994,
908, 099, 1004, 1043, lOM

1056

Index op Names.

Page

Bread Street (Boston) 921,948

Brick Island COO

Bridford, Alexander 797

Bridge, Nathaniel 796

Bridgcwater, 11, 150, 257, 391, 479, 591, 653, 713, 826, 892,

967

Brigham, Rev. Mr 358

Brigs, John 1037

Brimfield, 10, 149, 254, 334, 342, 343, 301, 362, 388, 477,
588, 601, 650, 694, 695, 710, 818, 823, 858,
865, 889, 965, 995

Brindley, Francis 172

Bristol 810, 870, 879, 880, 924

Bristol, County of, 12, 14, 103, 104, 118, 122, 151, 152, 153,
231, 238, 258, 200, 337, 354, 355, 392,
395, 480, 482, 498, 547, 548, 592, 595,
654, 656, 714, 716, 734, 737, 758, 776,
792, 827, 829, 845, 874, 893, 896, 968,
970, 984

Bristol, Frederick Augustus Hervey

Britain

British Empire .

Britton, David .

Broad Cove .

Bromfield, Henry

Bronson, William

, Earl of, 926, 944

. 1045

232, 903, 947

. 879
108, 521
. 349

Brookfield, 10, 99, 140, 255, 342, 389, 478, 486, 549, 571,

689, 651, 712, 789, 824, 890, 966, 995

Brookline, 7, 146, 249, 383, 474, 645, 585, 647, 708, 797, 820,

885, 926, 962

Brooks, Benjamin 789

Brooks, Caleb 104, 342

Broome (The schooner) 131

Brown, Aaron 795

Brown, Charles 797

Brown, David 735

Brown, Deliverance 797

Brown, Elisha 796

Brown, John, 666, 695, 795, 796, 797, 875, 876, 924, 936,

1047

Brown, Jonathan 796, 798

Brown, Joseph 797

Brown, Josiah 272, 420, 421

Brown, Phineas 795

Brown, Samuel, jun 701

Brown, Pylvanus (nee Bourn).

Brown, Thomas 170,487,794

Brown, William 698, 793

Brown, Woodbridgo 694, 873

Browne, Samuel 797

Brown's Cove 810, 879

Bruce, John 171

Brunswick, 13, 40, 152, 269, 393, 439, 481, 593, 655, 715,

828, 884, 894, 969

Brunswick, Fort 04, 682

Bryant, James 787

Bryant, John 107

Bryant, Jonathan 797

Bryant, Solomon 692

Bryant, William 795

Bryant, Zcblon 1037

BucknilMHter, Joseph, 07, 08, 109, 170, 171, 17*, 228, 240,
358, 359, 449, 801, 864

BiK'knam, Jacob 795

Bulfinch, Samuel 925

r.iiiiiHli-ad, Thomas 799

BunUiT, John 122

Bulk, John. ....... 095,783

Burk'H Qarrtson 05

Page

Bui-nap, Benjamin, Jnn 172

Burnham, Samuel ....... 807

Burt, Daniel 858

Burt, Stephen 327

Butler, John 795

Butler, Phineas 800

Butler, Thomas 1004

Butterfly (The sloop) 129

Cadaraqui 232

Caldwell, John 860,861

Calef, John 1000

Calef, Joseph 358

Call, Caleb 330, 799

Call, Obadiah 866

Callender, John 797

Callender, Joseph ■ . . 795

Callender, Joseph, jun 797

Calves-Pasture Point 22, 23

Cambridge, 8, 98, 147, 251, 385, 475, 586, 648, 678, 679, 690,
709, 734, 737, 739, 776, 788, 800, 821, 868, 887,
946, 957, 903, 1039

Campbell, Alexander 794, 795

Campbell, Duncan 96, 98, 794

Campbell, John {see Loudoun, also Argyll).
Canada, 76, 88, 89, 102, 131, 134, 135, 136, 137, 138, 139, 140,
141, 142, 157, 161, 163, 191, 195, 199, 200, 215, 216,
232, 233, 235, 237, 241, 268, 269, 281, 337, 348, 349,
376, 421, 460, 520, 562, 630, 863, 864, 946, 948
Canterbury, Archbishop of (see Seeker) .
Cape Breton .... 133, 232, 346, 363, 437

Cape Cod 629, 630, 867, 974, 992

Cape EUzabeth .... 838, 866, 872, 873, 969

Cape Sables 100

Carnel, George 171

Carncs, John 613

Carnes, Thomas 795

Carpenter, Andrew 542

Carpenter, Daniel 618, 519, 643

Carpenter, Thomas 463, 643

Carter, John 797

Carter, Jonathan 344

Carter, Nathan 170

Casco Bay 106, 373, 620

Castle Island 113, 115, 118

Caatle William, 47, 72, 108, 114, 117, 118, 142, 166, 191,229,
230, 240, 276, 284, 297, 344, 349, 356, 370,
460, 680, 630, 666, 727, 749, 813, 882, 956,
1015

Catamock Island 832

Cavendisli, William (nee Devonshire).

Chadburne, Benjamin .... 46,954,992

Chadwcll, Benjamin 128

Chadwick, John 667, 040

Chamberlain, Lord («<■<■ Devonshire).

Chancellor, Lord (see Prall).

Chancellor of the Exchequer (see Townshend).

Chandler, (fiinlner . . . 122,238,354,355,547

Chandler, John . 96,104,116,189,228,020,809,929,930

Chuppaquiddlc 693

Chapin, Gad 1034

Chapin, Nathan 1030, 1037

Charity, James 797

Charlemont, 95, 432, 810, 823, 865, 870, 889,965, 1020, 1021,

1022, 1046, 1047

Charles 11 123

Charles Uiver 92, 770

Index of Namiis.

1():)7

Page
CSiarlMtOwn, 8, 86, 99, 14T, 192, 233, 251, 329, 330, 331, 332,

370, 385, 4'JO, 475, 54'.t, 586, 608, 648, 678, 709,

733, 734, 737, 738, 770, 788, 794, 7U5, 799,821,

840, 887, 963

Charlestown Ferry 223

Charlton (see Gore, the), 10, 94, 149, 26.'i, 389,478,589,

651, 71-', 824, 890, 960

Cbarming Molly (The brigantine) .... 128

Chase, Ammi . . . • 6^2

Chase, Araos 1019, 1020

Chatham, 12, 151, 257, 391, 479, 659, 591, 653, 693, 713, 826,

892, 968

Chauncy, Charles 521

Chauncy, Elizabeth 92

Chebacco 806

Chebago Pond 578

Chccklcy, Samuel, jun 621

Checksaunkun, Jacob 699

Checver, Abner 795

Cheever, David 795, 797

Cheever, Ezekicl 97,99,565,1033

Cheever, Joshua 108

Chelmsford, 8, 147, 252, 386, 475, 587, 649, 709, 821, 887,

963

Chelsea, 7, 104, 146, 250, 384, 474, 585, 647, 708, 729, 820,

9 885, 900, 962, 1005

Cheney, Thomas 122, 126, 127

Chesterfield, 573, 625, 627, 823, 837, 865, 889, 965, 1028,

1049

Chicopee River 334, 361, 362, 644

Chignecto 128, 348

Child, Ebenezer 866

Chilmark, 13, 152, 259, 394, 481, 564, 565, 594, 616, 633, 634,

656, 715, 828, 832, 895, 909, 910, 970, 988, 9S9,

1003, 1004

Chilmark Pond 989

Chipman, Samuel 96

Choate, Benjamin 795

Choate, Francis 806, 807

Choate, John, 97, 98, 105, 114, 115, 116, 117, 133, 450, 554,
561, 564, 566, 634, 678, 696, 785, 786, 793,
806, 807

Choate, WilUam 131

Cholmondeley, George Cholmondeley, Earl of . 944

Christiantown 619, 635

Church, Benjamin .... 621, 795, 798, 1011

Church, Benjamin, jun 799

Church, Moses 797

Church, Nathaniel 943

Church's Bridge 1011

Churchmen 1044

Chute, Thomas 121

Clap, Samuel 1029

Clap, Thomas, 103, 131, 142, 355, 448, 449, 551, 658, 562,
626, 696, 697, 785, 786, 862, 864, 867, 875,
1006, 1033
Clare, Thomas Pelham Holies, Viscount* [Marquess of],

926, 944, 945, 1003

Clark, Ephraim 871

Clark, Israel 1034

Clark, John 129,228

Clark, Joseph 357

Clark, Thomas 333

Clarke, Benjamin 106, 521

Clarke, Christopher 621

\'M.r.
Clarke, Daniel . . 122, 238, 230, 364, 365, 547, (UU

Clarke, Henry 142

Clarke, Tliomus 544

Clarke, Tlionina (Deputy Secretary), 127, 350, 029, 974

Clcaveliind, Kbenezer 871

Cleaveland, .Tohn h7i

Cleevcs, Benjamin 799, joo

Clement (see Clemenii).

Clement, MuneH 797

C'lemeiits, Timothy 797

Cleverly, Stephen 798

Cobb, Samuel 1003, 1004

Coburn, Ebenezer 7J>4

Cocliichuwlck Brook 9«7

Codinan, Ibuuc 794

Coflin, Ebenezer 797

Coffin, .John 109

Coffin, Jonathan 229

Coffin, Joisiuh 104

Coffin, Kichurd 103, 22y

Coffin, William, jiin 79fl

Cognehew, Ueuben 091,0'.»2

Cold Hill loll

Coldspring . . . . 10, 149, 2.>», 388, 4CJ, .'•43, 929

Colliim, JoBi'pli 122, 126, 127

Colliteau, Edward 128

Colman 573

Colman, Benjamin I08

Colman, James 908

Colrain, 95, 451, 466, 477, Ml, 548, .S88, 650, 711, 810, 8-£J,

8S1», 905

Colton, Bei^amiD 334, 301

Colville, Alexander Colville, Lord . . . 932, 933

Comming, I^aac iM>2

Compton, Ellis 131

Conant (xee Conanli).

Conant, Daniel 800

Conanti', Nathaniel 'VJ

Concord, 8, 147, 251, 385, 475, 587, 618, 705, 700, 737, 742,
786, 788. 821, 887, 963

Concord River 92, 742, 857, 906

Congregationalitits 122, 125, S7C

Connecticut, 84, 1-20. 1-29, 130, 138, 141, 187, 220, 24:!, 3u;i,

356. 412, 432, 511, 513. 614, 550, 561, 663, 564,

613, 630, 074, 772, 791, 792, 856, 917, 922. 923,

949, 981, 1006

Connecticut liivcr ... 92, 309, 774, 776, 943

Conqueret, Abigail 994

Conqueret, Lewis 994

Convers, Joithua 800

■Conw.-iy 95:1, 95C, 1013

Conway, Hon. Heiirj- Seymour ( .Srvretary of SCaU ^ , 920,
933, 934, 938, 93i), 944

Conway, Neal 129

Cook, .\uron lo7

Cook. Benjamin 339

Cook, Daniel 339

Cook, JoBcpli 107

Cook. Middlccot 621

Cookcon, Faith 024

Cooknon^badiub 624

CoolidKe, Nathaniel 121

Coolidtfe. IVter 121

Cooper, .\ntliony Ashley («*« Sha/lfbury).

Cooper, Jacob 839

* Sir Thomas Pelham (Holies), Bart., was made Viscount Haugbton and Earl of Clare, Oct. 19, 1714; aad, on
the 11th of August following, he was made Marquess of Clare and Duke of Newcanllcupon.TyDe L«tcr be liad
other dignities conferred upon hlni, but he was never VUcouDt Clare. Sec Newcastle, <n/V«.

1058

Index of Names.

Page

Cooper, John (18, 519

Cooper, Samuel •••••••• 521

Cooper, Thomas 108, 446

Coram, Thomas 938

Cordis, Cord 107

Corey, Ephraim 797

Cottle's Lane (Newbury) 676

Cotton, lloland .... 99, 100, 101, 103, 345

Cotton, William 787

Coverly, John 796

Coverly, Thomas 798

Cozens, Joseph 170

Craige, James 625

Crane, Gershom 336

Crittenden, Isaac 1037

Crittenden, Isaac, jun 1037

Crocker, Cornelius 692

Crocker, William 558

Crosby, Sampson 797

Crown Point . 17, 18, 137, 141, 160, 161, 538, 546, 630

Cumberland, County of, 350, 355, 356, 373, 374, 424, 423,

439, 480, 482, 540, 547, 548, 577,

893, 595, 626, 028, 655, 657, 694,
715, 716, 730, 734, 737, 788, 792,
828, 829, 835, 838, 866, 873, 874,

894, 896, 969, 970, 1017, 1046

Cumberland, Fort 128,242,348

Cumberland (The sloop) 128

Curaming, Alexander 621

Cummings, Donald 565

Cunningham, Nathaniel 1046

Curtis, Joseph 272,420,421

Curtis, Nehemiah ....... 441

Cur wen, Samuel ....... 108

Cushing, Adam 863

Cushing, Caleb . 96, 103, 326, 361, 565, 615, 616, 626, 1033

Cusliing, Charles 547, 797

Cushing, Ezekiel 871, 872

crushing, John, 9S, 115, 131, 133, 135, 227, 231, 238,

241, 438, 444, 445, 551, 554, 564, 505,
600, 867

Cushing, John, jun 354,355,547

Cushing, Jonathan . . . . . . . 521

Cushing, Joseph 98

Cushing, Josiah 642

Cushing, Samuel 107

Cushing, Thomas {Speaker of the IlouKe of liepre-

seiitdtiven), 222, 243, 289, 351, 521,
537, 566, 568, 582, 583, 029, 692, 697,
791, 793, 795, 813, 814, 924, 933, 941,
096,1036

Cushing, William 797

fJushnoc 94

CuBt, Sir John (Speaker of the House of Commons), 044

Cutler, Jonas 789

Cutler, Robert 782

Cutler, Sarah 548

Cutt, Richard, 104, 108, 112, 229, 626, 627, 628, 694, 797,

1033
Cutis, Thomaa . . . . . . 1010, 1020

Dt.

Pah

Dam Swamp > 002

Dana, Caleb 967, 1046

Dana, Richard 936

Daniel, Darius 902

Danielson, Timothy 1000

Danforth, Samuel, 104, 118, 121, 133, 139, 189, 228, 240,

289, 378, 431, 442, 444, 449, 450, 565.

627, 630, 785, 791, 919, 929, 930, 931,

948, 996, 998

Danforth, Samuel, M.D 996

Danforth, Thomas 172

Danvers, 5, 7, 93, 94, 101, 146, 250, 358, 384, 474, 586, 647,

708, 820, 886, 962

Darling, Amos 171

Darling, Benjainiu 901

Dartmouth, 12, 118, 151, 258, 337, 392, 480, 692, 616, 633,
034, 654, 714, 743, 827, 893, 968, 984, 985
Dartmouth, William Legge, Earl of . . . 936
Darracott (vcc Darricott).

Durricutt, William 799

D'Autremont, Joseph 100, 101

David, King 792

Davis, Aaron, jun

Davis, Benjamin

Davis, Daniel

Davis, Edward

Davis, John 1039,

Davis, Tristram

Davison, John ........ 794

Dawes, William, jun 796,797

Day, Benjamin 340, 864, 865, 927

Day, Eleazer 943

Day, Joseph 902

Day, William 1023, 1048

Dc Berdt, Dennys 936, 938

Deblois, Ciilbert 122

Deblois, Stephen, jun 998

Dedhain, 7, 98, 140, 223, 225, 249, 383, 401, 474, 544, 545,

585, 647, 708, 809, 820, 885, 902

Deerlkld, 9, 148, 253, 387, 466, 476, 531, 545, 588, 625, 050,

795, 798

122, 238, 354

103, 1035

1043, 1044

Dafforn, Isaao . . . •

• . .

. 921

Daiglc. Michael . . . .

• • .

. 048

Dissenters .

Daltcin, James . . . •

...

868, 431

Dix, .Tiihn .

J>alt()n, Michael . . . .

Doane, EllHha

DaiMiirlHcotta River . . .

. . 731

810, 879

Doane, James

Duwarisoovo Islands . , .

. 47

Doane, Joseph

694, 710, 815, 818, 823, 803, 864,
927, 955, 956, 965, 1013, 1014

Deerfield River ....

DeOrey, William

Deming, Saiiniel

Denbigh, Basil Kielding, Earl of

Dennie, John ....

Denny, Samuel ....

Denny, Thomas

Deslioii, MosfS

D'Eslaing, Charles Ilector, Count .

Devens, Richard

Devonshire, William Cavendish, Duke
Chaniberhtin) '

Dewer, Andrew

Dewey, Israel

Dexter, Samuel, 108, 621, 876, 919, 033. 034, 048, 996, 998

Diekinson, Esther 1034

Diekinson, Israel 874

Dickinson, John 238

Diekinson, Obadiah 864, 1035

Dlcknian, William 794

Dighton. 12, 161, 258, 392, 480, 692, 654, 714, 707, 827, 893,

, 884, 888,

864, 955
943, 944
. 521
. 944

268,287,731, 794
. 1044
108, 796
. 946
. 794
of {Lord

134, 926, 944
. 128
. 995

123, 125, 126
. 796

. 697, 1000
. 943
. 603

Index of Names.

10:>9

Paoe

Dock Sqnare (BostoQ) 724

Doeskin mil 172

Dodge, NowoU 704

Dodge, Nowell.Jun 795

Dodge, William 799, 800

Dogget, John 128

Dolbcar, Benjamin 621

Dole, Daniel 795

Dole, Oliver 797

Dounel, Nathaniel 103

Dorchester, 7, 100, 101, 146, 249, 370, 383, 474, 685, 624,

647, 708, 809, 820, 885, 962

Dorchester-Canada, 479, 590, 652, 685, 690, 713, 721, 738,

739, 784, 790, 940

Dorrington, John 131

Doty, ThomaB 138, 139, 227

Douglas, Charles (sef Queennberry).
Douglass, 11, 150, 256, 390, 478, 590, 652, 712, 825, 891,

967, 996

Do^yne, Samuel 795, 796, 798

Dowse, Joseph 108, 109

Dracut, 9, 148, 253, 387, 476, 687, 649, 710, 822, 888, 964

Drake, Josiah 1036

Dry Pond 862

Dudley, 11, 150, 228, 255, 389, 478, 690, 652, 712, 794, 825,

891, 926, 967, 990

Dudley, Williana 862

Duke (The brigantine) 128

Dukes County, 13, 14, 103, 104, 122, 141, 152, 153, 238, 259,
260, 354, 355, 394, 395, 435, 481, 482, 52:5,
526, 530, 547, 548, 5i>4, 565, 594, 595, 619,
635, 656, 657, 715, 716, 734, 737, 792, 828,
829, 832, 874, 895, 896, 909, 970, 974, 988

Dumaresq, Philip 795

Duraraer, John 799

Dunimer, William 123, 1001

Duncan, George 994

Dunk (see Ualifax).

Dunstable, 9, 148, 253, 387, 476, 587, 649, 710, 822, 888, 964

DuQuesno, Fort 232

Durell, Phihp 233, 236

Duxbury, 11, 150, 256, 390, 479, 591, 652, 713, 820, 892,

926, 967
Dwight, Joseph . . 465,531.535,563,601,786,1006

Dwight, Josiah 1028,1029,1034

Dwight, Timothy 1*3

Dwight, Timothy, jun. .■ . 1028,1029,1034,1049
Dyson, Jeremiah W5

Eagle («e« Daigle).

Eames, Jacob '^

Eames, Joseph !'»

Eames, Nathaniel '"*

Easman, William ^^^

Eastham, 12, 68, 151, 228, 257, 391, 414, 427, 428, 479, 529,

591, 612, 653, 664, 665, 697, 713, 826, 892, 968,

974

East Iloosuck ^^

Eastman, William !*»• 1*^

Easton, 12, 99, 102, 152, 258, 392, 480, 592, 654, 714, 827,

862, 863, 893, 968

Eaton, Benjamin l**" "^^

Eaton, Jacob *"^

Eaton, Noah '"*'

Ebenezer ^''36

Edgartown, 13, 152, 259, 394, 481, 623, 524, 564, 565, 5W.
666, 715, 737, 8;28, 895, 970

Paor

Edmondii, Jonathan 170

EdHoii, JuHlah 220, H76

Edward, Korl 134

Edwards, Benjamin 109, 799

Edwards, Kichard T^T

Egremont, 286, 388, 432, 477, 689, 861, 711, 824, 889, mu,

w:>

Eliot, Andrew 621, 938

Elizabeth Islands GA4, 6:13

Elizabeth, Queen 34,110

Elizabeth (The schooner) 128

Elliot,Sir Gilbert, Bart 044,1045

Ellis, John 1U37

Ellis, Reuben 1«:17

Ellis, Wellbore 944

Elmer's Brook 1012

Elmor, Edward 173

Elwell, Robert 128

Ely, Joel 943

Emerson Bulkley . . ." . . . . 799

Emmcs, Samuel 108

Emmons, Nathaniel 799

Emmons, Hamuel 790

Endeavour (The schooner) .... 129, 131

Enfield, 9, 148, 253, 387, 477, 588, 650, 711, 823, 889, 965

England, 44, 48, 72, 96, 104, 110, 112, 115, 110, 117, 118,

122, 123, 125, 120, 13S, 106, 3.i7, 4.39. 444,

522, 650, 559, 560, 50.S, 629, 792, <»2.'>. 929,

939, 943, 996, 997, 998, lOOO, 10;;9, 1043

English 1001, 1003

Epes, Daniel . . 109, 122, 238, 354, 355, 547, 702

Episcopalians 123

Equivalent Land 631,.'^

Erving, John, 90, 114, li:i, 140, 228, 229, 320, 3.51, 352, 438,
450, 521, 542, 547, CiJ, 794, 801, 932. 1004

Er\ing, John, jun 122,795

Ervingshlre 634,604

Essex, County of, 7, 8, 14, 61, 103, 104. 122. 146, 1:^1. 306.
220, 238, 2,'x), 2i<0. 296, 310. ;iiV4, 3o.'.,
358, 359, 384, 394, 474. 482. 498, 547.
548, 586, 595, f47, 648, 656. tK»\ 7o8,
716, 731, 734, 7:i7, 749, 758. 776. 7V2.
806. 808. 820, V2>.l, 845. 874, 886, S96,
962, 970, 974, 1030, 1031

Estabrooks, Bcryamln 344

Estaing, De («< D'E»laing).

Estes, William 705

Europe 230. 345, 6«0

Fairfield. William 7M

Fair Tj\dy (The schooner) 128

Falltown 95.441,477.530

Falmouth (Bttrnilablu County), 12, 119. 151, 229. 257. 301.

441. 479. Wjrl, 640, 65.1,

893, 713, 797. 814. SJ6.

893. 9«8. Hr>2

Falmouth (C^mberUnd County), 13, HW, 152, 259. .173,

374, asi, 393, 424,
438, 450, 480. 52.%,
620, 540, 5«:i, SAA.
678, 603, 626, 027,
008, 056, 004, 715,
7», 714, 737, 828,
888.800,871,872,
878. 874, 884, 894,
OOB
Falmouth (Tb* alitp) ^^

1060

Index of Names.

Page
Falmouth, Hugh Boscawen, Viscount . . 926, 944

Faneuil, Benjamin, jun 431

Fanc-uil Hall . . 425, 426, 537, 568, 724, 813, 814

Fancuil-nall Market 537, 724

Farley, Michael 798, 948

Farley, Nathaniel 793,799

Far low, Michael 807

Faruham, Daniel . . 109, 326, 360, 616, 798, 1031

Farnum, Moeea 336, 337, 338, 339

Farrer, John 170

Faulkner, Jonathan 347

Fayerweather, John 107

Fayerwealher, Thomas 521

Felt, John 548

Felton, Francis 794

Folton, Nathaniel 798

Fcnno, Benjamin 100

Fenno, Ephraim 797

Field, Scth 604

Fielding, Basil {see Denbigh).

Fish Street (Newhury) 676

Fisk, Isaac 170

Fisk, Jacob 874,875

Fitcbburg, 685, 686, 713, 825, 870, 891, 908, 909, 946,

967

Fitzherbcrt, William 1003, 1045

Fitzmaurice, William (xee Shelbume).
Fitzroy, Augustus lUiiry (see G-rnflon).

Flagg, David 794, 799

Fleet, William 128

Fletcher, Thomas, 122, 238, 239, 354, 355, 621, 547. 548,

792, 874

Floyd, Hugh 549

Flucker, Thomas, 88, 9G, 97, 107, 113, 114, 121, 127, 135,
136, 142, 22S, 230, 241, 351, 357, 438,
443, 449, 450, 521, 546, 565, 630, 634,
798, 834, 875, 876, 931, 932, 1004, 1047

Folger, Abishai 103, 229, 635, 928

Folgcr, Timothy 1004

Follansbe {see FolliiujHbij).

FoUingsby, Thomas 796

Forbes, James 795

Fore River 838

Foster, l8a;»o 330

Foster, Jedidiah . . . .342, 789, 1000, 1048

Foster, Joseph S^S, 5-l<5

Foster, Thomas, lo'), 109, 132, 136, 140, 142, 439, 449, 542,

543, 501, 663, 568, 634, 035, 692, 697,

791, 807,868, 933

Fowcy (The ship) .... 421, 427, 438, 439

Fowlc, Jacob .... 108, lH', 131, 141, 142

Fowler, Bildad 350

Fox, Henry 134, 345, 436

Fox, Henry Thomas {.tee Ikliester).

Foxcroft, Thomas 521

Fox Hill 323

Foyc, John 108

Frnmlnglmm, 8, 147, 170, 171, 172, 252, 380, 475, 587. 048,

709, 821, 887, 903

France, 104, 132, 13:5, 137, 139, 166, 198, 227, 230, 230, 241,

279, 284, 051, 554, 658, 643, 787, 946, 999

Frankfort 287,349

Franklin, John 927

Fraser {xee Fraaer).

Fraz.r, Blmon 112

Frederick, Fort 05, 348

Freeman, Knoch 438

Freeman, John 22S, 005

Frvcmun, I'biiip 123, 120, 127, 700

Pas«

Freetown, 12, 161, 258, 337, 392, 480, 692, 632, 654, 714,
743, 827, 866, 893, 968

French 520,561,787,1001

Frobisher, William . . . 996, 997, 998, 999, 1000

Frontenac, Fort 232

Frost, Ebenezer 735

Frost, John 128

Frost, Samuel 170

Frothiugham, Andrew 799

Frothingham, Joseph 799

Frye, Peter 948, 1004

Fuller, Aaron 1037

Fuller, Amos 97, 936

Fuller, Jeremiah 862

Fuller, Timothy 359

Fullerton, John 921

Fundy, Bay of 240

FurnasB, John 798

Gage, Thomas 932,933

Gardner, Grace 107

Gardner, Henry 635, 1047

Gardner, John 109

Gardner, Sylvester 349, 438, 697

Gardner's-Canada (or Roxbury-Canada), 545, 633, 693,

694

Gates, Amos 171

Gates, Hezekiah 341, 342

Gay, Calvin 128

Gay, Hezekiah 863

Gay, Martin 798

George 1 164, 467, 776, 985, 993

George II., 110, 132, 137, 139, 230, 230, 419, 424, 431, 447,
490, 491, 492, 514, 515, 516, 529, .iSS, 556,
557, 578, 579, 582, 602, 615, 610, 017, 020,
623, G42, 001, 00.'>, 006, 608, 6S1, 682, 722,
725, 720, 700, 807, 811, 859, 880, 920, 921,
958, 973, 997, 1022, 1025

George HI 430, 514, 766, 837

George's Banks 756, 843

Georgetown, 13, 152, 209, 267, 344, 3.J0, 3U3, 439, 481, 548,
594, 655, 715, 828, 895, 920, 969

Gerrish, John 794

Gerrish, Joseph .... 240,326,342,360

Gerrish, Joseph, jun., 109, 326, 327, 439, 615, 610, 625, 635,

701, 871, 873, 1033, 1035

Gerrish. Samuel 990

Gibhs, Henry 109,929

Gibbs, Jonathan 109

Gibbs, Mlcah 170

Gibraltar 131

Giddingc, Daniel 228

OiflV.rd, Melalluh 119

Gill.erl, Thomas .... 647,548,792,874

Gill, Moses 5-1

Gilli)atrick, Thomas 1019, 1020

Girdo, Margaret 97

Gloucester . 8, 80, 130, 147, 192, 233, 251, 385, 441, 475,
6S6, 648, 709, 821, 871, 880, 927, 903,
1005

Glover, John 797

Glover, Jonathan 797

Glover, Samuel 142

Ooddanl, Martha 171

Goddard, Nathan 805, 861, 862

Goldthwait, IVnjamln 796

GolUtbwalt, David 100

Index of Names.

lOGl

Page

G«ldtbwa1t, EseUel 107, r>21

GoKltbwait, Ilunnab 109

GoUllhwait, Thomas, 180, 230, 289, 357, 646, 791, 919, 948

Goodcnow, Peter 343

Gooding, John 131

Goodrich, Charles 701

Goose Islands 47

Gore, John 794

Gore, the (Charlton) . • 94

Gorhain . . 730, 783, 787, 823, 870, 894, 927, 909

Gorham, John 119, 227

Gorhamtown . 481, 593, 628, 655, 694, 715, 730, "88, 884

Qott, John 142

Gould, John 108,339

Gould, Joseph 122, 120, 127

Gould, Robert 796, 793

Governor's Island 113

Go wen, James 797

Grafton, 11, 150, 228, 256, 390, 478, 590, 652, 712, 797, 825,

891, 927, 967
Grafton, Augustus Henry Fitzroy, Duke of . . 944

Grafton, Joseph, gun 790

Granby 1011, 1012, 1013

Granby, John Manners, Marquess of . . . 944

Grant, Joseph 108, 440

Grant, Samuel 243, 521

Granville, 149, 254, 388, 432, 477, 588, 650, 711, 823, 889,

905

Gray, Benjamin 621

Gray, Harrison, 438, 521, 546, 659, 625, 785, 834, 875, 924,

925, 932, 933

Gray, Samuel 109

Gray, Thomas .... 521, 793, 796, 834, 949

Gray, WilUam 521

Great Barrlngton, 356, 450, 465, 466, 477, 544, 563, 689,
628, 651, 711, 738, 790, 792, 824,
889, 907, 908, 960, 965, 995,
1044

Great Brewster 993

Great Britain, 77, 79, 84, 89, 93, 97, 110, 111, 115, 117, 132,
137, 139, 163, 182, 187, 200, 201, 217, 228,
230, 236, 282, 283, 298, 303, 336, 346, 368,
880, 404, 407, 412, 433, 458, 500, 511, 513,
536, 649, 550. 551, 554, 663, 068, 581, 583,
609, 613, 614, 630, 645, 662, 670, 674, 697,
698, 706, 719, 768, 772, 805, 851, 855, 903,
913, 917, 922, 927, 928, 929, 930, 936, 940,
B42, 946, 977, 981, 1003, 1032

Great Island . . 983

Great Pond 322

Green 816

Green, James 799, 998

Green, Jeremiah 109, 239

Green, John 795

Green, Joseph 10", 108, 521

Green, Nahum "94

Green, Thomas 122, 126, 127

Greene, Benjamin, Jan. ...... 998

Greene, Nathaniel 998

Greene, Thomas 107

Greenfield, 10, 149, 254, 388, 476, 531, 588, 650, 694, 710,
818, 823, 865, 888, 955, 965, 1013

Grecnleaf, Abel 799

Greenleaf, Benjamin 872, 1000

Grecnleaf, John 326, 360, 521

Greenleaf, Stephen 131,921

Greenleaf, William '21

Greenleaf, William, Jun 796

Qrecn's-Uarbor Marsh *87

Paub

Grccn's-Harbor RIvor 4^7

Greenwich, 10, 149, 254, 388, 4TI, ASd, 588, 060, 706, 711,

7B2, 823, 889. 965

Greenwood, Nathaniel 108, 798

Greer, John 799

Grldley, Jeremy .... 90,107,114,028

Grid ley, Ulchurd 928

Grlflln, Joseph log

Grlfllii'a Island 043

GriQIth's Islutid 983

Groton, 9, 100, 148, 252, 38«, 476, 687, 619, 710, 788, 789,
822, 8S7, 9U9, 1»47, 904

Grow, William ijs, 131

Gurnet 99-j, ioo4, 1005

Guttcridge's Garrison 95

Hadley, 9, 107, 149, 173, 230, 231, 254, 388, 464, 476. 588,
649, 710, 822, 888, 943, 064, 1012

Hagar, Ebenezer J70

Ilale, Ezekjel 7M

Uule, llobert . . . 113,115,116,117,127,128

Ilule, Uogcr 9^2

Uale, William 866

Ualestown OOC'

Halifax, 11, 151, 257, 391, 479, 591, 653, 7K1, 826, 892,

067

Halifax (Nova Scotia), 97, 112, 113, 117, 1-28, 129, 130, 131,

133, 229, 230, 24«, 242, 340, :h7,

348, MO

Halifax, George Montague Dunk, Ivarl of, 44, 227, 345,

350, 447, 443

Halifax, Fort 04, 448, 701

Hall, Hezekiah 338, 330

Hall, Jonathan . ' 130, 708

Hall, Stephen, 97, 99, 109, 142, 521, 704, 924, 931, 048, 900,

1004

Hall, William 100, 3.'>8

Hallct, Enoch 874

Halkt, Peter 8:>0

Hallct, Stephen R:«0

Hallowcll, Benjamin, 521, 003, 020, 021, 922, 031, U;5, 937,

041,048,049

Hallowell, Samuel 921

Uallowell, William 021

ILimblcn, Jacob 787

H.imilton,'william Geritrd . 227,350,447,448

Llammatt, or Ilammct, Benjiiiniii . . . 521, 798
Hampshire, County of, 9, 10, 14, lo:;, lu4, 107, 122, 133, 148,
153, it::, Z>}, 23S, 253, 254, 200,
26.1, 2>>l, VM, 34U, 342, 354, 355,
356, 302. 3s7, 3SS, 394, 432, 433,
434, 4:*>. 451, 464, 4*», 46«1. 470,
482, 4Sd. 49S, .'.24, 63U, 533. &4T,
M8, 5-VS, 5*Vi, 507, •'>73, 688, 505,
001. G(M. r,J4, 044, 045, 049. 050,
056. fiT'.i, 1V.14. Till, 710, 710, 723,
734. 7.;T. 7411, 7.'.'«, 7S2, 7^S. 792,
815, 810, S-.^', 829. 837, 845. 857,
859, son, H<V., 874, 888, 800, 020,
943, 95.'>, ix-ii, 004, 070, 905, 101 1,
1013. mii, 1021 . 1023. 1028. 1037,
1030. 1043. 1045, 104T, 1049. 1049

Hanbary, Thomas S*7

Hanoock. .Tohn . 795. 814. 931 . 9.T5. 990. 907. 998. K»9

IIanc<«:k, Nathaniel 103

Hancock. Thomas . . 238, 830, 438, 421, 987. 104e
I aao«<, Samnel KX

1062

Index of Names.

Page
Hanover, 11, 101, 151, 267, 339, 391, 479, 591, 653, 713, 818,

826, 865, 892, 967
Harcourt, Simon Hiircourt, Earl of . . . . 9-W

Hardcastle, Samuel 797

Hardwick, 11, 150, 256, 390, 441, 478, 486, 577, 590, 652,

712, 825, 874, 891, 967, 996

Hardy, Job 339

Harlow, Samuel 131

narndoll. Ebon 795

Harndcn, Ebenezer 107, 795, 799

Ilarpswell, District of, 46, 47, 152, 259, 381, 393, 441, 481,

593, 655, 715, 828, 894, 969

Harrington, Jonathan 794

Harris, John 795

Harrison, Charles 625

Harrod, Benjamin 796, 799

Hartford 135

Ilartwell, Edward . 228, 340, 445, 546, 565, 686, 701, 721

Hurtwood 817, 1028

Harvard, 11, 150, 255, 389, 478, 500, 652, 712, 825, 891, 967,

996

Harvard College, 15, 154, 261, 396, 422, 483, 521, 596, 658,

717, 830, 834, 835, 868, 869, 897, 971, 986

Harvey, Nathaniel 1036

Han-cy, Zachariah 343

Harwich, 12, 151, 228, 257, 391, 414, 415, 427, 428, 479, 520,
691, 653, 681, 713, 826, 892, 968

Haskell, Mark 130

Haskins, .John 798

Hatch, Nathaniel, 108, 109, 189, 238, 241, 289, 357, 546,

554, 919, 948

Hatfield, 9, 148, 238, 253, 387, 476, 573, 588, 650, 694, 710,

815, 818, 823, 865, 888, 955, 965, 1037

Hathaway, John 632

Haven, Benjamin 171

Haven, Daniel 170

Haven, David 170

Haven, Elkanah 171

Haven, Isaac 170

Haven, James 170

Haven, James, jun 170

Haven, John 171, 861, 862

Haven, Joseph 170, 172

Haven, Sciuier 170

Haverhill, 8, 147, 251, 385, 475, 686, 648, 709, 797, 799, 800,

821,886, 968

Hawke, Sir Edward, Bart 1003

Hawkonioka Point 207, 344

HawkB, Ebenezer 109

Hawks's Garrison 95

Hawley, Gideon 691,692,693

Hawley, Joseph. . 103,369,864,805,927,940,960

Hay, Tliumas {see Kinnoul).
Hayes, James

Haynes, Joseph .
Haywaril, James
Hearsey, Joshua
Heath, Samuel .
H(Hlice, Lemuel .
Heely, Joshua .
Hellon, Ratcliff .
Hells^ato

Hsmiiigway, Ebenezer
Hemingway, Jonathan
Hemingway, Joseph .
Hemlntrway, Ralph
Hemingway, Sylvaiius
Henchman, Nathaniel
Iloiidcrsou, Joseph .

. 799

. 800

109, 444, 445

544, 871
223, 401, 402, 442
. 604
. 228
. 797

267, 344
. 170
. 171
. 171
. 170
. 170
. 705
. 798

Paob
Hendley, Samuel ...... 794, 795

Henley, Robert (««« Northington).

Ilcnry, James 1034

Henrj-, Josiah 1034

Henshaw, Joshua, 222, 243, 289, 351, 521, 582, 583, 631,

696, 784, 796

Hcnton, John 349

Ilerrick, Henry 872, 1004

Herrington 810

Hersey, Ezekiel 102

Hervey, Frederick Augustus (see Bristol).

Hewos, Robert 795

Hewes, Samuel, 222, 243, 289, 351, 537, 582, 583, 813, 814

Hewcs's Farm 809

Hewing, Joseph 692, 809, 862, 863

Hickling, William 521

Hickling, William, jun 797

Iligginson, Stephen 103, 357, 561

High Street (Newbury) 676

Ilildreth, Ejiliraim ....... 789

Hildreth, Ephraim, jun 794

Hill, Abraham . . . 643, 544, 805, 860, 861, 862

Hill, Alexander 108, 521

Hill, John . . . .104, 108, 239, 543, 861, 875, 936

Hill, Samuel 521

Hill, Thomas 243

Hill, Wills {Hce mUsborough).

Hillsborough, Wills Hill, Earl of . . . 944, 1032

Ilillyard, Joseph 1034

Hinckley, Aaron 682

Hinckley, Isaac 693

Hingham, 7, 70, 102, 146, 249, 383, 467, 474, 544, 585, 647,
708, 820, 885, 962, 999, 1000

Hirons, Richard 999, 1000

. 105
. 797
. 796
. 796
. 126
. 794
97, 133

Hispaniola .
Hitchboiirn, William
Hobby, Jonathan
Hodgson, John .
Holbrook, Jesse .
Holbrook, Samuel
Ilolburne, Francis, Rear Admiral
Holden, 11, 150, 256, 2C0, 390, 478, 540, 590, 652, 712, 734,
736, 825,891,967,991

Holden, Joseph 340

Holies (.vf« Clare, and Newcastle).

Holliday, John 799

Hollis Hall (Cambridge) 834, 868

Ilollis, Isaac 561, 563

Holliston, 9, 148, 263, 387, 476, 587, 649, 710, 822, 888, 926,

964

Ildlnian, Nathaniel 566

Holmes, Abiel 3.57

Holmes, Nathaniel 621, 796

Ilnmer, John 795

Homes, William 521

Holt, Mary 686

llolton, Samuel 873

Holyoke, Edward 621, 834

Hoockanum Point 487

Hooper, Moses 131

Hooper, Robert 621

Hopkins, Mark 450

Hoi>kinton, 9, 148, 252, 380, 430, 476, 587, 632, 649, 700,

706, 822, 887, 026, 927, 964

Hopi>en, Thomas

Hornby, James .
IIoHkins, .\ntbony
Ilosklns, William
nougbton, Betijuniln

. 799
. 129
. 349
798, 799
231,343

Index of Names.

1063

Paqk

Houghton, Pbllemoii •••.... 797
Iloulton, Jonas .••...., 340
Ilousiitoiiic Illver ••••.. 700, 81"
House, James ••••.... 101

How, David, jun I70

How, Eliphalet 735

How, Enos 109, 444

How, Ezeblcl 170

How, Jaazaniah 789

How, Joseph 799

How, Thomas 795

Howard, Daniel . 103, 444, 449, 568, 634, 635, 692, 696, 801

Howe, Abncr 107

Howe, Richard Howe, Viscount .... 944

Hubbard, Daniel 998

Hubbard, Isaac 173

Hubbard, Thomas {Speaker of the Urnme 0/ Rep-

resentaiivev), lia, 114, 115, 117, 1J7.
134, 137, 228, ."520, 359, 44;i, 448,
449, 521, 562, 634, 692, 702, 794,
834, 932, 933, 1035

Hubbard, William 998

Hubbardston 953, 954, 966

Hubbell, Itbamer 361, 928

Hull . 7, 146, 250, 384, 474, 585, 647, 708, 820, 885, 962

Hume, Hugh (.we Marchmoni).

Humphrey, James, 96, 103, 444, 635, 785, 919, 925, 1036

Hunt, Alexander 431

Hunt, Daniel 542

Hunt, Ebenezer 863, 1034, 1044

Hunt, Ephraim 463, 542, Sft?, 864

Hunt, John 518, 519

Hunt, Mary 540

Hunt, William 122

Huntstown, 477. 588, 625, 650, 711, 783, 815, 818, 823, 864,
865, 884, 927, 1015, 103-'), 1036, 1039, 1041,
1045

Hussey, Nicholas 130

Hussey, Obed . . . 103, 365, 547, 548, 792, 874

Hussey, Stephen 998

Hutchinson, Foster 107, 108, 794

Hutchinson, Shrimpton 798

Hutchinson, Thomas, 93, 94, 96, 98, 101, 102, 107, 112, 113,
114, 115, 117, 132, 135, 142, 227, 240,
242, 320, 345, 348, 350, 351, 357, 363,
367, 436, 44'J, 547, 551, 554, 5.'.7, 560,
668, 691, 699, 786, 792, 793, 794, 795,
796, 797, 798, 799, 800, 869, 903, 931.
637, 941, 943, 945, 994, 1006, 1007,
1032, 1033, 1038, 1039, 1045

Hntchlnson, Thomas, Jun 799

Hyslop, William 521

Ide, Joseph 642

Ide, Josiah &42

Ilchester, Henry Thomas Fox, Earl of . . ' . 944

Inches, Henderson 521

Independents 122, 1045

Indian Island 672, 1019

Industry (The schooner) 129

logalle, Benjamin 799

Ingalls, John 799

Ingersoll, David .....••• !<>**

Ingersoll, John 1M3, 1(M8

Ingrabam, Edward '^7

Ingraham, Philip 1*3

Ingrabam, Reuben 173

Taob

Inkhom Brook 027, 730

Ininan, lijilph 107, 108, 109. 79«

Ipnwich, 7, 146, 250, 384, 474, 586, 647, 7O8, 713, 731, 731,.

7:17, 7311, 797. 798, 799, 806, 8o7, 808, 8J0, 87)

880, 902, 974

Ipswich Day 220, 074

Ipswlch-Canada . . . 479, 5.T3, 500, 652, 713, 721
Ireland .... 112, 132, 137, 130, 230, £16

Irving, John lott

Ivers, Thomas 7M

Jackson, Edward 624

Jackson, Joseph, 222, 243, 290, 351, 621, 582, 583, 706, 914,

032
Jackson, Richard, Jun., 536, 568, 581, 662, 663. 719, 721),

784.785

,004

1005, 1032, 1O40

Jackson, Thomas ....

. 79«

JackHoii, TlioMias, jun.

. 107

Jacob, Benjamin

. 231

Jacob, Vilinan .

. 1036

Jamaica ....

128, 447

James 1

. 110

Jarvis, Leonard .

140, 795, 700. 032

Jeffries, David .

. 706

Jeffries, John

88, 133. 189

Jenison, Peter .

. 170

Jenki», Samuel .

. 700

Jenyns, Soame, 44, 227, 350. 352, 447, 448, 461, 462, 868,

945, 1046

Jercmy-Squam Island
Jernigan, William

. 731
. 1004

Jersey, East and We.-t, 84, 187, 30

3, 34

5, 412. 511. 613,

C74,

■72, 855, 917. 981

Johnson, Benjamin .

Iw. 79JJ

Johnson, James .

7'.'"

Johnson, Joliu .
Johnson, Juslali .

. 171
. 036,047

Johnson, Sir William, Bar

661,664

Johnston, Josiah

. 100

Johonnot, Francis
Johonnot, Zachariah .

. 706
621, 705, 706

Jolly Robin (The schoone
Jones, Benjamin

. 131
. 790.800

Jones, Cornelius
Jones, Daniel

•94,'

. 816
06, 707, 708, 700

Jones, Elislia
Jones, Elisha, jun.

000
547, MS. 702

Jones, Ephraim .
Jones, John

100, s

. 873
(28, 243. 430. 033

Jones, William .

. 700

Jordan, Junatlian

863

Jordan, Risliwurtb .

46, 573

Joseph ....

Joy, Benjamin .

Joy, Jacob .

Joy, John ....

664
. 700

36«
. 796

Judah Howe's Range .
Junkins, John

.23,24

. 129

Korswell. .Tames {$te KemttU).

Kc-llcg. .Joneph

. 1031

Kellog, Martyn

661. 6SS

Kellog. Nathaniel ....

TB3.8M

Kellog. Stephen

S4>

Kelly's Ferry

642

1064

li^DEX OF Names.

Page
Kelog, Stephen 349

Kennebeck Purchase . . . . . 287, 349, GOO
•Kennebeck River • • 267, 287, 344, 349, 600, 695

Kennebunk Kiver 546,992

Kensington, The court at 93,111

Kent, Samuel 330

Kent, Stephen 108

Kcrswell, James 696

Kestevon {see Anciister).

Kettell, James 795, 799

Kettle, James (see Kettell).

Kilby, William Tyler 795

Kimball, Amos 701

King, Ezra 334, 361

King George (The ship) ... 142, 192, 198, 232

King, Samuel 362

King Street (Boston) .... 358,931,1049

King, Thomas 800

King's Pond 272, 273, 420, 421

Kingsley, Nathaniel 695

Kingston, 11, 151, 257, 391, 479, 591, 653, 713, 826, 892, 967,

1005
Kinnoul, Thomas Hay, Earl of . . 439, 440, 567
Kiltery, 13, 152, 258, 393, 480, 593, 654, 696, 714, 797, 827,

871, 893, 969

Kneeland, Solomon 797

Konkopot, John ...••••• 699

Labradore, John 97, 98

Lake, Thomas 344

Lamb, Sir Matthew, Bart., 92, 93, 111, 226, 227, 336, 436,
447, 448, 450, 451, 452, 540,
541, 624, 627, 690, 691, 782,
790, 859, 860. 870, 924, 949,
994

Lamb, Samuel 170

Lancaster, 10, 140, 255, 266, 267, 342, 344, 389, 420, 421,
478, 589, 651, 712, 797, 800, 824, 890, 927,
931, 966, 991, 994, 995, 1004, 1049

Lancaster, Thomas .

338, 565, 785

Landrey, Joseph

. 100

Lane, Ebenezer .

872, 875

Ijanesborough

815, 816, 870, 890, 966

Langdon, Edward

. 521

Langdon, Samuel

. 871

Larrabec, John .

. 356

Lasetiby, Joseph

. 230

Laiigliton, Henry

. 998

Lawrence, Abel .

. 789, 794

Lawrence, Charles

. 97, 9S, 09, 100, 946

Lawrence, James

. 876

I>awrence, Jonathan .

. 789

Lawrence, William

98,

101, 140,

243, 342, 355, 449, 701

Laws, Archibald

109, 445

Leathe, Jedldiah

. 796

Leavitt, Dudley .

. 030,974

Lebanon

661,063,564,954

Lebby, George .

. 633

Le Ulanc, Francis

. 995

Le lilanc, .Tacqucs

I^echmerc, Thomas

. 037

I^c, George Henry (,s

€« L

ich/teld).

I,ee, Jeremiah .

109, 835, 836

T^ee, JoHepb

107, 108, 793, 834

Lee, Richard

. 129

LeC| Samuel

. 85«

Pagb

Legge, William (see Dartmouth).

Legget, Thomas 994

Leicester, 10, 94, 99, 150, 255, 266, 389, 478, 589, 625, 651,
695, 712, 734, 735, 789, 794, 825, 890, 966, 995

Leicester Square 353

Leighton, William 797

Lemmon, Joseph 794

Lennox, Charles (see Richmond).

Lenox 905, 906, 966, 1027, 1028

Leominster, 11, 150, 256, 266, 390, 478, 590, 652, 685, 712,
825, 891, 967, 994, 996

Leonard, Ephraim 121

Leonard, George .... 104, 231, 361, 875

Leverett, John 794, 795, 798

Leverett Street (Boston) . . . . , 358, 431

Leverrett, Thomas 795

Lewis, Ezekiel 425, 537, 813, 814

Lewis, Thomas 800

Lewis, Timothy 1043

Lexington, 8, 147, 252, 386, 475, 587, 648, 706, 709, 782, 783,
794, 821, 887, 946, 963

Lexington Farms 946

Lichfield, George Henry Lee, Earl of . . 926, 944

Lillie, Theophilus 797

Lincoln, 9, 148, 253, 387, 476, 587, 649, 706, 710, 782, 783,

822, 888, 964
Lincoln, Benjamin, 104, 107, 338, 340, 342, 343, 351, 354,
361, 544, 563, 565, 566, 698, 785, 789,
791, 995, 1035, 1048

Lincoln, Benjamin, jun 999,1000

Lincoln, County of, 350, 355, 356, 374, 375, 424, 425, 439,
451, 481, 482, 040, 547, 548, 594, 595,
600, 655, 657, 682, 715, 716, 731, 734,
737, 792, 810, 828, 829, 874, 879, 880,
895, 896, 924, 969, 970

Lisbon 128, 131

Litch, Thomas 795

Lithgow, William 448, 600

Littell, Moses (see Little).

Little, Abigail 782

Little Harbor 70

Little Island 1031

Little, Moses 798, 799

Little, Nathaniel .... 355, 547, 648, 792, 874

Little River 682

Littleton, 9, 148, 252, 337, 386, 475, 687, 649, 709, 794, 795,

822, 887, 964

Livermore, Samuel, 101, 103, 229,231,337,338,351,046,

001, 064, 634, 635, 696, 698

Livermore, William 355, 356

Logan, Waller 108

Lombard, t'olotnon 787, 7S8

London, 233, 345, 346, 307, 459, 541, 542, 561, 581, 6f>;», 720,
784, 780, 793, 806, 860, 929, 931, 036, 996, 997,
999, 1040
London, Bishop of (see Terrick).
Longfellow, Stephen .... 46, 678, 730, 873

Long Hill 042

Lord, John, jun 103

Lord, Joseph 805, 800, 861

Lord, Samuel 3d 807

Loring, Israel 797

Loring, Jonathan 108

Loring, Nathaniel 796

Loring, Tlionms 107

Lothrop, Barnabas 647

Loudoun, John Campbell, Earl of, 18, 112, 114, 115, 116,

117, 118, 128, 133,
184, 136. 237

Index of Names.

1065

Page

Loulsbonrg, 130, 132, 133, 135, 232, 240, 242, 335, WO, 347,

348, 302, 303, OM, 030

Lovelt, Jonathan 872

Lovejoy, Abiel 707

Lovet, Pbincas 337, 635

Lowell, Ebenezer 799

Lowell, John 325

Lowell, John, jun 79O

Lucas, Abiel 799

Lumbart, John 78, 617

Lunenburg, 11, 150, 255, 3S9, 478, 590, 652, 685, 686, 701,
712, 739, 795, 796, 800, 825, 891, 908, 967,
996

Lunenburg (Nova Scotia) 348

Luscorab, Robert 327

Lyde, Byfield 108

Lydilind (The schooner) 128

Lye, Lot (see A^i/e).

Lyman, Gad . . . 122, 238, 354, 355, 547, 548

Lynde, Bei^jamin, 96, 97, 104, 105, 109, 116, 117, 127, 133,

135, 231, 241, 340, 357, 444, 450, 549,

561, 564, 791, 794, 795, 796, 797, 798,

799, 800, 925

Lynn, 7, 146, 250, 384, 474, 586, 648, 708, 776, 795, 821, 886,

963

Lynn (The brigantlne) 129

Lyon, Aaron 1036, 1038

Maccarty, Thomas 799

Mackay, William 795

Mackenzie, James Stewart 944

Macnnmara, Matthew 797

Macombcr, Stephen 327, 329

Madeira 128

Magoon, Isaac 486

Maine 350

Malcolm, Allan 356

Malcolm, Michael 356

Maiden, 8, 148, 252, 386, 475, 587, 649, 709, 795, 799, 821,

887, 963
Manchester, 8, W, 251, 385, 475, 586, 648, 709, 821, 8S6,

926, 903
Manners, John (««« Granby).

Mansfield, Isaac ' . 109, 836

Munsis, Cornelius 797

Mansize, Cornelius 799

Marble, Ephraim 1037

Marblehead, 7, 86, 98, 146, 192, 233, 250, 384, 474, 513, 586,

647, 708, 786, 794, 799, 800, 821, 886, 963,

1017, 1046
Marchmont, Hugh Hume, Earl of . . . . 944

Marcy Moses 228, 875, 876, 996

Marlborough, 8, 147, 252, 386, 475, 587, 648, 709, 821, 887,

963

Marshall, Dr 931

Marshall, Thomas 521,795

Marshficld, 11, 98, 150, 256, 390, 479. 487, 691, 0.V2. 713.

826, 892, 967

Marston, Nymphas 229

Martha's Vineyard, 229, 435, 530, 564, 619, 634, 635, 691.

093, 909, 974, 1003
• ^ ^

Martin, James '0,

Martin, John 874,875.879

Martyn. Richard 621

Mary (The schooner) 128

Maryland 99, 131

Paoi

Mary. Queen, 62. 54, 122. 288, 821, 363, 880, 452. 529. 622,
628, 641, OSO, 7ii:>. ST'i, Ull, W4, 974, '.is.',,
1001, 1044

Mascarcnc, John ',cs, '..-.-.i '.i.-;)

Maahapuag Drook \i;'

Maehpcc . . 229, 639, 640, 641, 801, 092, <,'.;. •..,,

Mashpce Indians C'.'J <;.•:',

Mason, Jonathan joj

Mason, Thomas jyfl

Massachuselta, or MasMcbusctU Bay, 5, 17, 18, 20. 2«, 4^

65, 76. 79. 88. 93.
111. 114. lin. 117,
120, 12-J, 124. 125,
126, 127. 132. l:i3,
134, 130, 137. 130,
160, 163, 182, 190,
199, 201, 210. 227,
230, 235, 2.'», 240,
247. 268,271.282,
298. 305. 33.'.. 345,
346, 347. 3.'>*), 3.'il,
862, 359, 3C0. 307,
868, 371,370, 3H0,
401. 407. 437. 438,
439, 44U. 44:!, 447.
448, 449. 4.'.2, 4.'.7,
459, 4G0, 470. 490,
491, 492, 4'.<n. fiof.,
616, 517, 523, 536,
638, 563, S-W. 562.
563,671,5:8.579,
681, 602. COS. 623,
627, 629. 030, Cffl,
663, 660. 669, 697,
705, 720. 726. 753,
767, 784, 78.'.. 7*8,
792, 798. 8t>3, 806,
811, 840, 850. Mio,
868, 879, 8s<i, S.S1,
904, 913. 920. 9-28,
929. 938. 943. 944.
945, 946. 949, 9.V..
958, 977. 992. 997,
1002, 1003. KMO,
1007, loll, 1025,
lOJte, 1036, 1037,
1038, 1045, 1047,
1049

Masflachusetts. Fort 95

MassacbusetU Gazette. 777, 778, 779, 780. 794. 798, 799,

926. 938. \a:>
Massachusetts Gazette and Boston Ncws-Lcttcr . 798
Master of the RdIIs {art Sftcfll).

Mastirc, Philip 239

Matlur. Samuel 521, 673, 1047, 1048

Mauduit. Israel 568

Maudult. Janper. 440. 536, 5ft8. 581. 6-20, 630. 6fi2. 6fl3. «»:.
719. 720. 7*4, 7R.'', Sal. WK5. I006

Maxwell. Hugh 79"

Miiyflowcr (The schooner) 1"'0

Mayhiw, Ijind of SI*.. »JV.

Mayliew, .Tonathan ''-'1

May he w, Matthew .... 108, 229, 909. 9sv

Mayhew. Znchariah 1004

Mnynnrd. Jonathan 171

Mayo. .Joseph 223. 401. 402, 442

McCarthy. Daniel W

McCarthy. Mary W»

McOclon, JobB 131

1066

Index or Kajnies.

Page

McDaniel, Hugh 795, 797

McDaniel, John 788

McLellan, Hugh . 787

Mc Vicars, William 797

Mears {see Meura) .

Medfield, 7, 100, 101, 146, 249, 383, 474, 544, 545, 585, 647,

708, 820, 885, 962
Medford, 9, 148, 252, 386, 475, 549, 587, 649, 709, 776, 799,

822, 887, 964

Medford River 92

Medway, 7, 126, 146, 249, 338, 383, 474, 585, 647, 708, 820,

885, 962

Meeting-House Hill 223, 401, 442

Meilcn, James 876

Mellun, Joseph 927

Mcllin, James 171

IMcllin, Richard 170

Melville, John 521

Mendon, 10, 149, 255, 339, 389, 478, 589, 635, 051, 712, 824,

890, 902, 966, 995

Menis 106

Mercury (The ship) 347

Morick, James 361

Merriconeag Neck 46, 111, 112

Merrimack River, 92, 676, 698, 741, 742, 774, 776, 857, 907,

991

Morryman, Thomas 548

Merry-Meeting Bay 373, 600, 682

Messervey, Colonel 128

Metcalf, Timothy 103, 442

Mothuen, 8, 97, 147, 251, 385, 475, 586, 648, 709, 821, 880,

963

Mours, Ann 106

Meuse, Charles 98, 99, 102

Meuse, Francis 97, 98, 101

Meuse, Lawrence 97

Middleborough, 11, 150, 229, 257, 391, 420, 479, 591, 653,

713, 725, 776, 826, 837, 838, 802, 960,

967, 975

Middlesex, County of, 8, 14, 61, 92, 103, 104, 122, 133, 147,

148, 153, 170, 171, 172, 206, 238,

251, 252, 260, 274, 290, 310, 331,

354, 355, 38:>, 380, 394, 475, 476,

482, 498, 526, 547, 548, 549, 586,

595, 648, 656, 678, 709, 710, 716,

733, 734, 737, 738, 749, 758, 776,

788, 789, 792, 821, 822, 829, 840,

845, 874, 887, 888, S96, 906, 908,

909, 957, 903, 964, 970, 973

uliddleton, 8, 147, 251, 359, 385, 475, 586, 648, 709, 821, 886,

926, 903
Milk Btrcet (Boston) . . 358, 431, 920, 921, 922, 948

Miller, David 109

Miller, John 109

Miller, Joseph 341

Miller, Stephen 139

Miller, William 924

Mill) id, Toter 542

Milliken, Benjamin 795, 870

Milliken, Kdward 40

Mills, John 798

Mills, Solomon 109

Milton, 7, 100, 140, 249, 383, 474, 685, 047, 708, 820, 885,

962

Minot, James 97, 98

Minot.John 47

MInot, Samuel 521

Mllcliell, William 797

M'Kcckney, John 797

Paqb

Mohawks (Tribe of) 661, 663, 564

Molineaux (The ship) 131

Monatiquot River 420

Monson, District of, 334, 342, 343, 361, 362, 477, 588, 601,
650, 710, 818, 823, 865, 889, 965

Montage, Mary 1034

Montague, District of, 10, 149, 254, 338, 476, 588, 632, 650,
706, 710, 782, 783, 823, 888, 965

Montague, Luke 1034

Montague, Moses 1012, 1034

Montague, Peter 1012

Montgomerj , Christopher 798

Montreal 137

Monument Ponds 333, 360, 974

Moodej", Benjamin ....... 676

Moodej-, Daniel . . . . . . . . 1034

Moodey, Joseph 1012, 1034

Moodcy, Josiah ........ 1034

Moodey, Noah 1012, 1034

Moodey, Samuel 1011

Moor 338

Moore, Abijah 343

Moore, Augustus 272, 420, 421

Moores, Benjamin 800

Moores, Edmund 799

Moreland, William 795, 796, 798

Morcy, Thomas 449, 634, 696, 791

Morgan, Isaac 797

Morgan, Lucas 943

Morris, Francis • . , 994

Morris, Jacques 98, 99, 101

Morse, Samuel 631

Morton, Bryant 787

Morton, Jonathan 238

Moslcy, Azariah 1048

Mosley, David 1047

Moulton, Daniel 46, 108

Moulton, Ebcnezer 122, 126, 127

Moulton, Stephen 463

Moulton, Thomas .... 647, 648, 792, 874

Moulton, AVilliam 798

Mountgrace 534

Mountsweeg Bay 267, 344

Mountsweeg Uiver 267, 287, 344

Mtokksin, Johannes 699

Muis {see ^fiuse).

Mullakin, Benjamin 990

Munger, Daniel 349

Murray, James 947

Murray, John, 112, 113, 174, 450, 534, 645,547,572,625,

735, 797, 869, 875, 946, 948, 954, 996, 1033

Murray, William, Karl of Mansfield . . .346

Mm-raylield 837, 869, 870, 1028

Museoiigua River 879,880

MusUeto (The snow) 130

Mystic River 776

ir.

Namnsket River 726

Nantucket {see Sherburne), 6, 51, 130, 145, 157, 194, 195,
190, 229, 247, 529, 691, 974

Nantucket, County of, 13, 14, 103, 104, 122, 1*3, 238, 260,
354, 355, 394, 395, 481, 4S2, 547,
648, 694, 695, 650, 657, 715, 710,
738, 792, 829, 874, 895, 896, 970

Nantucket Indians 602

Narragimxett FlKht 265

Index of Names.

10G7

Paob

Narragansett No. One, 372, 373, 480, 693, 627, 632, 633,

655, 714, 730, 827, 804, IMI'J

Narragansett No. Two CWestmiuster), 11, 150, 256, 265,

266, 340, 342, 739

Narragansett No. Four 573, 815

Narragansett No. Six (Templcton) . . 478, 53;!, 534
Narragansett No. Seven (Qorham) . . 627, 787, 788

Nash 107

Nash, Daniel 1033

Nash, Daniel, jun 943

Nash, David 1034

Nash, Eleazer 865, 1012, 1033

Nash, Enos 103, 876

Nash, John 230

Nash, Phineas 349

Nash, Timothy 238

Nason, Beigamin 1019, 1020

Natlck,9, 97, 148,228, 253,387, 476, 526, 527, 545, 587, 631,
649, 710, 822, 888, 904

Nausham (or Naushon) Island 832"

Needham, 7, 97, 146, 249, 383, 474, 545, 585, 631, 647, 708,

820, 885, 962

Needham, William 797

Neguasset 267, 344;

Neguasset Bay 267, 344

Nelson, Nathaniel 339

Nennemcsset Island 832

Neponset River 92, 776

Nevis 129

Newall, David 330

New Boston 627

New Braintree, 10, 149, 255, 389, 478, 571, 589, 651, 712,

825, 890, 966
Newbury (see, also, under the following names
of streets, &c. : Cottle's Lane, Fish,
High, West Indies), 7, 140, 250, 325, 326, 360,
384,474,566,586,615,647, 676, 677, 678, 698,
699, 708, 785, 797, 820, 870, 886, 927, 900, 962,
990, 1030
Newburyport, 676, 677, 678, 698, 708, 722, 737, 785, 795,
796, 797, 79S, 799, 820, 870, 886, 927,
960, 962, 975, 996
Newcastle . . . 481, 594, 655, 715, 828, 895, 909
Newcastle, Thomas Ilolles Telham, Duke of . 134, ;J45
Newell, Ebenezcr .... 223,401,402,442

Newell, Timothy 521, 795

New England, 79, 93, 111, 121, 122, 127, 1.72, 1.36, 139, 182,
230, 235, 236, 29S, 345, .346, .3;j9, 407, 500,
563, 568, 608, 634, 640, 609, 707, SM, 913,
926, 929, 944, 949, 977, 996, 1003, 1030,
1037, 1038, 1045, 1047

Newfoundland 70. 131

New Framingham .... 432, 434, 815, 824

New Gloucester 027

Newhall, Benjamin . . . • . . 229, 351, 444

Newhall, John "05

Newhall, Jonathan 794

New Hampshire, 84, 138, 142, 187, 220, 303, 347, 412, 432,
511, 513, 514, 550, 613, 674, 772, 855,
917, 922, 923, 949, 981, 1006

993

673, 1049

138, 945

6ii

.521

103, .r.2, 70S

481, 577, 593, 626, 027

149, 254, 263, 264, 388, 4.32, 477, .531,

635, 589, 651, 711, 824, 889, 966

New Haven .
New Hingham .
New Jersey
New London
Newman, Henry
Newman, John .
New Marblehead
New Marlborough, 10

Paom

New-Meadows Creek 373

New riymouth 287, 487, 600

New Sulem, 10, 149, 2.54, 204, 340, 388, 477, 534, 588, 0.1O,

700, 711, 7.S2, 78.3, S23, 884, 889, 927, OCi

Newton, 8, 90, 147, 251, 385, 47.5, 587, 048, 700, 821, StT,

003

Newton, James i;^

Newton, Uriah 734, 7;j5

New York, 84, 114, 115, 116, 117, 120, 129, 130, 1.31, 1.^3,
138, 187, 229, '2.'!2, 2.3.1, 240, .303, 345, .",40.
347, 412, 438, 440, 511, 613, 074, 772, 794,
855, 017, 928, 036, 9S1, 903, 094, lOOO,
1007
Nichols, Ebenezcr . . . . 138, 862, 875, 929

Nichols, James 795

NicholH, William 798

Niles, Samuel 228, 231, 442

Noble, .Tames 7y4

Noble, Thomas 6;,8

Nobscussct 23, 24, 323, 1022

Nobscut 172

Noman's Land 504

North America, 18, 47, 94, 114, 116, 118, 132, 137, 175, 197,
230, 235, 279, 284, 285, 348, 302, 368,
380, 387, 427, 520, 621, 523, 530, 502,
563, 568, 1003

North, Frederick North, Ix)rd 944

North River 8.59, 974

North Yarmouth, 13, 112, 1,52, 259, 3.54, 393, 480, 678, 59.1,

626, 627, 6.55, 715, 828, 884, 894, 909

Northampton, 9, 94, 148, 2.39, 2.53, .387, 476, 603, 50.5, 57.'!,

588, 649, 694, 710, 737, 818, 822, 837, 80.5,

888, 943, 904, 1034

Northborough 839,874,891,906

Norlhey, Edward 799

Northfield, 9, 107, 149, 2.54, 388, 476, 531, 688, 604, 650, 710,

823, 888, 905
Norlhington, Robert Henley, Earl of (Lord Presi-
dent 0/ the Council) 944

North-west Division 955

Norton, 12, 151, 231, 258, 392, 480, 692, 654, 714, 827, 893,

008

Norton, John 229, .3.54

Nosset Meadow 5;mi, 0T4

Notlagc, .losiah 799

Xour^e, Ebenezcr 3-58

Nova Scotia, 25, 96, 97, 98, 99, 100, 101, 102, 103, 104, 106,
114, 117, 129. 130. l.!I, 229, 232, 240, 242,
335, 348, 362, 303, 374, 438, 440, 511, 538,
013, 629, C:i0, 074. 772, 855, 917, 946, 948,
981

Noyes, Belcher 037

Noyee , .John . . 108, 109, 272, 430, 421, 861, S>24

Number One (Tyrlngham), 10, 149, 254, 388, 4.32. 451, 477.

531, 534, 5<.7

Number Two 1«2S

NumtxT Three (SrindinnoM), 4.32, 4.51, 477, .5.31, 5:-5. s .7
NumbiT Three (Worlhinglon) . . . 102». I"l'.'

Number Four (Beckct), 4.32, 451, 477, 5.35, 545, 5S'J. C^j,
6.51. 693, 694. 6W, 7JI, 7«J,
817, 824
Number Four (WIIllamBburgh) .... 815

Number Five Cr>. Hi28

Xumher Nine 817

Nuri-o, Brnjamln . 171

Sur»c, .John 171

Nutting, .John lOS

Nye, iMt eai

Nye, Natbmn «8>. 44C

1068

Index of Names.

Page
Oakham . . . 571,589,651,712,824,890,966

Oak Island 267, 344

Ogunquit Harbor 27, 28, 420

Ohio River 133

Olds, Ebenezer 286

Oldtown Ferry 326, 360, 615

Oliver, Andrew, 111, 114, 132, 137, 139, 230, 236, 243, 320,

353, 357, 359, 437, 408, 440, 521, 562,

566, 789, 798, 903, 931, 941, 1032,

1036

Oliver, Andrew, jun. . . 222, 289, 351, 582, 583, 947

Oliver, Edward 795

Oliver, John 108, 799

Oliver, Peter 357, 443, 546, 793

O'Reily, Halsell 119

Orne, Timothy 548

Osborne, Jeremiah .... 108, 442, 443, 444
Osborne, John, 96, 97, 114, 116, 135, 140, 141, 241, 320, 551,

539, 630, 791
Osborne, Samuel .... 108, 442, 443, 444

Osborne, Stephen 128

Osgood, Benjamin 548

Osgood, Isaac 800

Osgood, John 229

Oswald, Jamea . 44

Oswego 133, 630

Otis, James {Speaker of the Uouse of Representa-
tives), 105, 121, 131, 142, 231, 342, 449, 542,
546, 551, 563, 567, 568, &34, 692, 696, 697,
791, 793, 862, 864, 865, 867, 868, 869, 873,
928
Otis, James, jun., 105, 521, 546, 551, 554, 560, 566, 6.34, 697,
700, 784, 786, 789, 791, 793, 867, 925,
938, 940, 941, 942, 943, 947, 1000, 1006

Oven's Month 731

Owen, William 795

Oxford, 10, 96, 98, 149, 255, 389, 478, 589, 651, 712, 794,

824, 890, 966, 995

Page's Comer 906

Paine, Elkanah 631

Paine, Robert Treat 231, 797

Paine, Timothy, 135, 342, 351, 438, 439, 546, 5.'il, 554, 696,

861, 869, 875, 946, 996, 10,35

Palfrey, Thomas 798

Palmer, 10, 149, 254, 361, 362, 388, 464, 477, 486, 588, 650,

711,823, 889,965

Palmer, Eliakim 437

I'almer's River Old Road 542

j'alrncH, Richard 796

l^iinit Harbor 78, 617

I'ainil Kiver 78,617

P.ipi.sls 122

Paris 946

Parker, Benjamin 795, 800

i'arker, Daniel 798

J'arker, (iideon 799

I'arkii- Itivcr 826, 300, 615, 1030

I'lirkcr, .Samuel 796

Parkman, Samuel 795, 797

Parks, Elislia 1047, 1048

Parris, Samuel 449, 450

Parsons, Jonathan 722, 78.'), 975

Partridge, Oliver, 103, 1.39, 238, 351, 3.54, 4.38, 445, 451,

661, 700, 930, 9:;l, 999, 1000
Fartridge, Samuel 131

Patten, Matthew

Patterson, George

Paxton, District of

Paxton, Charles .

Payson, .Jonathan

Pearson, Jeremiah

Pearsontown . 373, 627

Peck, Joseph

Peck, Moses

Peck, Thomas

Peck, Thomas Handisyde

Pecker, Jeremiah

Peek, John .

Peggy (The schooner)

Peirson, John

Pelham, 10, 107, 149, 254,

Paob

, 354
, 107
734, 735, 825, 890, 966
108, 357
. 796
. 799
655, 694, 715, 828, 894, 969
. 542
521, 798
. 542
. 521
. 800
. 794
. 128
. 128

388, 464, 477, 588, 650, 710, 823,
889, 965

447

l^ew-

Pelham, Thomas

Pelham, Thomas Holies {see Clare, also
castle).

Pemaquid

Peraaquid Great Pond ....

Pemaquid Point

Pemberton, Ebenezer ....
Pembroke, 11, 150, 229, 257, 391, 479, 591,

Pennel, Matthew

Pennsylvania, 84, 187, 303, 412, 511, 523, 613,

Penobscot River . . . 232, 233,

Pepperrell, 9, 148, 253, 387, 476, 587, 649, 710
Pepperrell, Sir William, Bart., 46, 108, 113,

Pepperrell, William {see Sparhaick)
Pepperellborough, District of, 572, 628, 655,

Peqnoage .... 478, 533, 534,

Perkins, James

Pesumpscot, or Presumpscot, River . 46
Petersham, 11, 150, 256, 390, 478, 533, 534,
825, 891,
Phelps, Jolvn
Phelps, Martyn .
Philadelphia
Phillips, Benjamin
Phillips, Jiihn .
Pliillips, .Icilin, jun.
Phillilis, riiilip .
Phillips, Kicliard

Phillips, SamncI . 103, 131, 448, 450, 546,
Phillips, William .... 521,
Phillipstown
Phinney, Kdmund
I'liirnicy. John .
I'liipps's I'oint .
Pliips, Spencer .
Pickai'd, Samuel .
Picknian, Benjamin
Pierce, Ephraim .
Pierce, George .
Pierce, Isaac
Pierce, .Tosiali
Pierce, Samuel .
Plerpont, Robert
Pigeon Swamp .
Pigot, George
Pike {xre Peek).
Pike, .Aaron
Pike. Abraham .

95, 810
. 879
. 810
. 521
653, 713, 782,
826, 892, 967
. 130
630, 674, 772,
855, 917, 981
237, 242, 348
, 822, 8SS, 964
117, 128, 131,
135, 141, 436
. 924
694, 714, 827,
894, 969
805, 860, 861
795, 798
, 578, 627, 730
590, 652, 712,
926, 967, 996
. 1048
. 2.39
625, 868
. 1043
521, 559
108, 444, 445
1037, 1043
. 10.36
551,566, 6;U
94, 795, 998
488, 546, 992
. 787
. 787
267, 344
845,561,928
. 549
140,228
. 796
. 795
. 796
. 787
. 799
798, 799
. 862
. 628

. 171

. 170

Index op Names.

1060

Paok

Pike, Jeremiah 171

Pike, John 170

Pike, Moses 170

Pike, Timothy 170

Pike, William 171

Pike, William, jun 171

PiHiiey, Juiialbun <M:i

Pitcher, Mosea 798

Pitt, William, 89, 134, 137, 138, 234, 239, 345, 340, 348, 430,

437

Pitts, James 108, 521, 872

Pitts, Thomas 790

Pittsfield, 434, 451, 452, 453, 477, 589, 051, 700, 711, 7:»,

790, 815, 817, 824, 870, 889, 905, 907, 908, 905

PhiisteaJ, Ichabod . . . 104, 131, 337, 351, .kw

Plumb Island 220, 974

Plymouth, 11, 99, 105, 150, 105, 229, 238, 250, 324, 333, 300,

370, 390, 430, 479, 503, 591, a55, 052, 097,

713, 734, 737, 791, 814, 820. 834, 807, 808,

891, 933, 967, 074, 992. 993, 1005, 1018,

1019, 1022

Plymouth Beach .... 324, 370, 8:54, 807, 1022

Flymoutb, County of, 11, 14, 01, 103, 104, 118, 122, 150,

153, 105, 200, 231, 238, 256, 260,

310, 354, 355, 390, 395, 43t), 479,

482, 487, 498, 547, 548, 591, 595,

652, 056, 713, 716, 734, 737, 758,

792, 814, 826, 829, 834, 845, 874,

891, 892, 896, 967, 970, 1005,

1018, 1019

Plymonth Harbor .... 867, 1004, 1005, 1022

Plympton, 11, 150, 257, 391, 479, 591, 653, 713, 820, 892,

967

Point Alderton 992

Point Shirley 104, 697, 729

Pollard, Benjamin 92

Pollard, Margaret 92

Poole, Zachariah 109

Ponsonby, William (see Sesborough).

Pontoosuck 95, 432, 434, 451, 563, 907

Porter, Eleazer 464, 486, 1013

Porter, Thomas 548, 874

Portsmouth 128, 871

Portugal .... 516, 651, 552, 554, 550, 558

Potash Farm 344

Potter, Aaron 806, 807

Powell, Jeremiah 103, 56.5, 948

Power, Ephraim I'l

Powers, Jonas 790

Powlelt, Charles (see Bolton).

Pownalborough, 287, 350, 374, 393, 451, 481, 540, 594, 655,
695, 715, 737, 797, 828, 806, 870, 895, 909

Pownall, Fort 448, 701

Pownall, John, 109, 111, 120, 353, 368, 437, 438, 439, 447,

448, 943, 945, 1049
Pownall, Thomas, 5, 26, 92, 95, 96, 99, 102, 107, 109, 110,
111, 112, 113, 114, 110, lis, 120, 121,
127, 128, 132, l.'J."), 130, 137, 138, 139,
140, 141, 142, 16:5, 228, 229, 230, 2:J2,
235, 236, 237. 238, 240. 241, 247, 344,
a48, 349, 350, 351, 354, 357, 3.^)9, 302,
363, 436, 437, 439, 444, 447, 448, 929

Prat, Benoni 1""

Pratt, Benjamin, 113, 114, 115, 119, 135, 240, 369, 442, 443,

444
Pratt, Charles, Lord Camden (Lord High Chan-
cellor) . 926, 944

Pratt, Ebenezer '^

Praying Indians ***• ^^

VkOM

13S, 448, 948

. Ui\

122

103, 600, 505, 801 , MU

'h\>, UUO, M7

. 789

S'orthington).

131
128
223

Preble, .Jedldinh
Prentice, Tliumaa
Presliyteriiins
Preseot, CliarleK .
Prencoll, .laiiu'H .
Prencolt, Jonas .
PreHcotI, Oliver .
Prescott, William
Prenldent, Lord («r«
Presurepscut (srr Pmumjmcot).
Prince (ieorgc (The srhooncr)
Prince George (The ohip)
Prince Street (Huston)
Princetown, 260, 342, 343, 344, 478, 545, 583, 500, 052, 713,
825, 8U1, 053, 907, 091, 004

Procter, Edward 714

Procter, John 122, 120, 127

Procter, Leonard 795

Procter, Samuel o'iO

Protestants 125, 126

Prout, Ebenezer 107

Prout, Timothy 799

Providence 131

Providence Plantation 5iO

Provincetown &29, 530, 074

PunkapoHg Indians 228

Purchase Street (Boston) 431

Pynchon, Joseph .... 114, 320, 354, 4,13
Pynchon, William loS

Quakers, 31, 43, 49, 50, 67, 90, 91, 118, 119, 123, 124, 130,
142, 159, 180, IS], 193, I'.i4, 190, 199,200,215,
257, 247, 249, 2.1O, 252, 2.'>4. 2.'i6, 2.'.8, 200, .336,
337, :«S, 3:i9, 3S1, 3.S3, :1S4, 380, 388, 390, :i92,
394, 420, 440, 620, 03;., 636, 6S1, 7S1, 1044,
1045

Quebec 137, 032, 048

Queen, Elizabeth
Queen, Iluijh
Queen, James
Queenwberrj-, Charles
Quincy, Edmund
Quincy, Edmund, jun
Quincy, Henry
Quincy, .Tolin
Quincy, Josiah .
Quincy, Xort<in .
Quincy, Samuel .
Quinepoxit River
Quivet Harbor .
Quonsuo C:rcck .

lOU

lO.'U

Douglas, Duke of . . 926,044
107, 442, 443, 444, 803, 031
442, 443, 444
442, 443, 444, 797, 025
863
06,08,130

. 707

. 706

001

414, 427, 510, Ma, 681
. 080

4ft, 78, 617. 7»
. 700
330, 700
.. 704
. 000

Rainxford'ii Island . . .

Rand, John

Ran<l, Nathaniel
liaymond, Edward
Raymond, William
Raynbam, 12, 151, 2:.S. 3'«2. 440. 4V>. :m, 654. 714. 827.

803.068

Roa.I, William MO. 026, 1047

Reading, 8, 147, 252, 386, 475, 587, 640, 700, 700, 821, 887,

063

Rebecca (The achooner) 128

R«cd, Ezekiel &43

Re«d,Jobn 104«

1070

Index of Names.

Page
Reed, William (nee Read).

Rchobotli, 12, 151, '258, 392, 463, 480, 518, 542, 543, 560,
592, 654, 714, 827, 893, 968

Rehoboth Road 902

Remicli, Joseph 798

Remington, John, 108, 122, 238, 354, 355, 547, 548, 792,

874

Rew, Elnathan 349

Rhode Island, 84, 129, 138, 159, 187, 220, 303, 412, 442, 511,

513, 514

923, 949
Rhodes, Jacob, jun.
Rhodes, William
Rice, Aaron
Rice, George
Rice, Jacob .
Rice, Thomas
Richards, Daniel
Richards, Jeremiah
Richards, John .
Richards, Joseph
Richards, William
Richardson, Abiel
Richardson, Benjamin
Richardson, Elizabeth
Richardson, Jabez
Richardson, John
Richardson, Nathaniel
Richardson, William .
Richmond, Charles Lennox, Duke of
Richmond, Ezra .
Richmont . . 817,
Rider, John
Ridgeway, Elizabeth .
Ridgeway, Samuel
Rldgway, Isaac .

Roadtown . . . .10, 149,
Robenson, James
Roberts, John
Roberts, Robert .
Robie, Thomas .
Robin Hood (The schooner)
Robinson, James
Robinson, Joseph
Robinson, Thomas
Roby, Ebcnezer .
Rochester, 11, 150, 257

Rocky Point
Rogers, Daniel .
Itogers, John
Rogers, Nathaniel
Itogc-rs, Samuel .
Rogers's MiUdam
Rogerson, Robert
I^D0t, Ilewlt
Root, Joseph
Ropes, Nathaniel,

550, 613, 674, 772, 855, 917, 922,
981, 1037

. 799

1046, 1047

352, 451, 452, 945

. 874

795, 799, 810

. 862, 863

223, 401, 402, 442

795

692

862

108

790

796

108

797

265, 267, 342, 449, 564

. 936

142, 159. 237, 948

70, 889, 905, 906, 945, 966, 1027

559

796

103,

. 795

. 797

238, 254, 388, 464, 465

112, 132

1003, 1045

. 794
. 142
. 142
, 441
. 1003
. 544
338, 391, 440, 479, 591, 653, 713,
826, 892, 967
327, 329

. 798
. 871
. 795
352, 806, 807
. 698
. 463
. 792
. 1035
106, 108, 342, 343, 352, 697, 098,
924

Round I'ond 880

Roundy, Abraham 109

Rowe, John 107, 795, 797, 998

Rowel), Thomas 343

Rowley, 8, 147, 250, 384^ 475, 686, 648, 708, 821, 886,

903

Rowlcy-Canada 990

Roxbury, 7, 146, 222, 223, 225, 226, 249, 383, 401, 442, 474,
663, 585, 908, 647, 708, 794, 795, 798, 820, 876,
886,902

Pagb
Roxbury -Canada (or Ghirdner's-Canada, q. v.), 477, 545,

588, 604,
633, 645,
650, 694,
711, 823,
889, 965

Royal Exchange Tavern 1049

Royall, Isaac . . 116, 240, 358, 359, 521, 568, 862
Royalshire .... 533, 534, 604, 721, 738, 790

Royalston 738, 739, 870, 957

Ruddock, John 521, 796, 814

Ruggles, .John 797

Ruggles, Timothy . . 117, 133, 135, 139, 441, 791
Russell, Chambers, 96, 98, 105, 110, 128, 132, 133, 135, 554,

698, 791, 793, 928
Russell, James, 88, 97, 99, 103, 108, 113, 140, 229, 241, 330,
340, 357, 549, 630, 633, 698, 875, 929, 948,
1003, 1004, 1033

Russell, Samuel 794

Russia 929, 997, 999

Rutland, 10, 149, 174, 255, 206, 267, 342, 343, 3S9, 472, 478,

482, 545, 571, 572, 589, 624, 025, 051, 712, 734,

735, 789, 797, 800, 824, 85)0, 953, 954, 960, 994,

995

Rutland, District of, 10, 150, 255, 389, 478, 533, 571, 5S9,

651, 712, 825, 890, 9o3,-966, 994

Rutland East Wing .... 231, 266, 342, 343

Rutland West Wing 174, 571, 625

Ryder, Sir Dudley, Bart 346

Sacarippy, or Saccarappa, Falls .... 678

Sacket, Eliakim 548

Saco, or Saco Truckhouse ... 94, 690, 765

Saco River 46, 373, 438, 572, 1019

Sadler, Abiel 441

Sagadahock River 267, 344

St. George's River, or Truckhouse .... 95
St. James, Tlic court at . . . 926, 944, 1003, 1045

St. Johns 348, 363

St. Lawrence River 240

St. Peters 104

Salem, 5, 7, 86, 93, 96, 101, 106, 146, 192, 250, 325, 359, 384,
474, 513, 530, 548, 549, 586, 647, 698, 70S, 734, 737,
786, 793, 796, 820, 886, 925, 962, 974
Salisbury, 8, 99, 147, 250, 384, 475, 586, 648, 708, 796, 821,

886, 963
954
810
130
651,
), 966
946
635,
1022
419
, 452,
503, 868, 944
. 992
. 796
. 129

Salmon Fulls River

Salt- Water Kails

Sanders, Thomas

Sandisfield («ee Nximher Three), 451, 531, 589, 627

711, 824, 890,

San Domingo

Sandwich, 12, 99, 151, 229, 257, 325, 391, 430, 479, 591,
640, 653, 693, 713, 814, 826, 892, 968,

Sandy-Neck Meadow

Sandys, Samuul Saunders, Lord, 352, 353, 300, 4.M, •

Sanford

Sanger, Nathaniel ....

Sarah (The schooner)

Surgeant {xee Sergeant, also Saunders)

Sargent, Epes

Sargent, Ezra ....

Saru'i'iil, Xathan

Sargent, Nathaniel Peaaloy

Saugus River

Baundere, Samuel (see Sandy*),

130
795
795
797
776

Index of Names.

1071

Paok

Saunders [Sargent?], Tboraaa, Jun. . 692, 861, W7

Savage, John 7y7

Savage, Samuel rhillips . . 425, 521, 5;J7, 813, 814
Sawyer {see Sayer).

Snxton, Jaraes 3,S7

Sayer, Joseph 46, 228, 361, 547, 626

Sayward, Jonathan 128, 047, 948

Scammen, Humphrey 797

Scarborough, 13, 102, 259, 393, 436, 4S0, 593, 027, 628, 632,

633, 655, 094, 715, 730, 795, 828, 838, 894,

969

Scituale {see Third Cliff), 11, 150, 231, 256, 390, 479, 591,

652, 713, 826, 859, 891, 907, 974

ScoUay, John, 222, 243, 289, 351, 621, 637, 582, 583, 794,

813, 814

Scot, John 521

Scotland 112, 451

Scot's Bridge 3C1

Scott, Joseph 108,797

Scott, William, jun 361,302

Seager, Reynolds 272, 420, 421

Seahorse (The brignntine) 131

Seahorse (The schooner) 131

Sebascodegin Island, Great 47

Sebascodegiu Island, Little 47

(m Seeker, Thomas {Archbishop of Canterbury) 926,944

^^ Selden, Azariah 1037

X: Separatists 1040

Sergeant, Abigail 561

Serviss, Samuel 108

Sesuit Harbor 519, 520

Seven-mile Line 955, 1013

Sever, William 1005, 1043

Severance, John 441

Sewall, David . . . 547,548,639,091,792,874

Scwall, Jonathan 108

Sewall, Joseph 521

Sewall, Stephen . 101, 114, 115, 117, 227, 320, 444, 445

Sewall, Samuel 426, 537, 813, 814

Sewell, Sir Thomas {Master of the Rolh) . . 944
Shaftesbury, Anthony Ashley Cooper, Earl of . 944

Sbapleigh's Island 47

Sharp, Peter . . . . . . . 286, 349

Sharpe, William 94,111,926

Shaw, Francis 796

Shaw, Nicholas 694

Sbeaffe, Edward . 919, 931, 948, 994, 996, 999, 1000, 1004

Sheepscut 13. 152, 259, 393

Sheepscut River 287, 731

Sheffield, 9, 148, 149, 254, 263, 2S0, 349, 356, 357, 388, 432,
434, 465, 466, 477, 535, 561, 589, 651, 699, 711,
834, 889, 907, 965, 995

Shelburne, District of 1813,1014

Bbelbume, William Fitzmaurice, Earl of, 926, 936, 938,

940, 943, 944,
945, 993, 1000,
1002

Sheldon's Garrison 95

Shepard, Alexander 795

Shepard, Isaac 1030

Shepard, John 7»5. 1M7

Sberborn, 8, 97, 147, 252, 386, 475, 587, 649, 709, 798, 821,

887,963

Sherburne (Nantucket), 6, 13, 145, 153, 247, 260, 394. 4«1,

694, 656, 715, 738, 849, 896, 970

Sherburne, Joseph 621, 795

Sherman, Ephraim *27

Sherman, John 334,338.440

Sherman, John (Quaker) 333, 440

Paoi

Shewamet, 12, 151, 258, 392, 480, 692, 854, 714, 827, hv:\,

IMd
Shirley, 9, 148, 2SS. 386. 475, 587, <H9, 70fl. 8>>, g87. U04
Shirley. William . . 96, 122, 127, 345, 440, 567, 028
Shrewsbury, 11, 150, 255, 260, 389. 4:h. M», 0.',2, 712. S25,

874, 891, 900, Wi, VXi, 1U04

Shrewsbury Leg jwl, Iuo4

Sbutesbury, 464, 477, 543, 544, 588, 024, OU), 711, 823, 860,

H89, g«&

Simonds, David jub

Simpson, John iji

Sniipsoii, Jonathan MM

SingU-lary. Kbenezer 171

Six Nations 561, .'i62, 503, 504

Skekel Ilurbur, Ursat . . . 414, 427, 42M, 081

Skillin, Samuel 87J, 87;i

Skiiuiir, Riehard 8U0

Skinner, William 107, 108, lUO

Sloan, Robert 7M, 790

Sloan. Samuel 7wi

Sloper. William 227, 350. 447

Small, Jam<'S . 872

Small I'oint 373

Smethurst. Gamaliel 141. 143

Smetliurst. Joxepb 790

Smibert, Doctor 031

Smith, Ikiioni 128

Smith, Chikab 1036, 1037

Smith, Chileab, jun lUJO

Smith, Daniel 231

Smith, Ebenezer . . 1036, 1037, 1038, 1039, 1042

Smith, Elijah 272,420,421,543

Smith, Experience 1U34

Smith, IKzeklah 1012, 1038

Smith, Hugh VXW, 1043, 1044

Smith, Ixiiac 621

Smith, Israel 1034

Smith, John 1034

Siiiilh, Jonathan 1034

Smith, Joseph 803

Smith, Moses 1030

Smith, Nathan 1011

Smith. Nathaniel 229. 545

Smith. I'eter Thacber . . . 341, 835. 830, 800

Smilh, rhineas 1011, 1013

Smith, Iteuben 1034

Smith, Samuel 08, 642, OM, 794

Smith, Thomas . 119, 635, 641, 092, 093, 097, 780, 702

Smith. Thomas, jun 873

Snow. Ebenezer 1011

Snow, Jabez 228

Snow, John 441

Snow, Sylvanus 006

Soley, John 108,705

Solley, .John 7M

Someni, 10, 149, 254, 388, 477, 588, 644, 050, 711, 833, SW.

005

Somes, William 441

Soren, John 708, 709

Southamplon, 10, 94, 149. 254, 388, 470, 588, 040. 710. 822.

837.888,004
Southboroogh, 11, 07, 150, 255, 338. 3W. 478. 5on. 051. 006.

712, 825, 800. 031, »3e, 060
South Brimfleld, 601, 006, 710, 818. 823. S57, 858, 80S. 876,

870, 880, Oao. 005, 006, 006

South Carolina 114.131.430

South UadUy, 10. 140. 364. 388, 470, 688, 040, 710, 822, 888,
000,004,1011,1012, 1013, 1033, 1034, 1(C6,
1043

1072

Index of Na^mes.

Paqb
South-Meadow Road .....•• 858

South Shore 992

Southwick, Daniel 339

Spain 551, 554, 558

Sparhawk, John 325

Sparhawk, Nathaniel, 108, 112, 119, 355, 521, 635, SVl, 875,

876, 1004, 1006

Sparhawk, Samuel 108

Sparhawk, William PcpperreU .... 924
Speaker, Mr. (see Cushing, Cusi, Hubbard, Otis,
Ruggles, White).

Spear, David 798

Spear, Nathan 798, 799

Spear, Pool 798

Speedwell (The sloop) 130

Spencer, District of, 10, 94, 150, 255, 389, 478, 590, 651,
695, 712, 734, 735, 825, 890, 966

Spooner, John 107

Spooncr, Walter 633

Sprague, Ehenezer 1036

Spraguc, Edward 799

Sprague, Jonathan 1036

Sprague, Jonathan, jun 1037

Spring, Henry 800

Springfield, 9, 133, 148, 253, 334, 355, 361, 362, 387, 464,
476, 549, 558, 588, 044, 645, 649, 694, 710,
734, 737, 797, 818, 822, 865, 888, 964, 1011,
1023, 1033, 1037

Sprout, Ehenezer 109

Spurr, Rohert 228

Stacey, George 797

Stacey, John 131

. 1036

. 1036
926, 944

. 031

. 906

. 794

Standish, Israel

Standish, Miles

Stanley, Uans

State Street (Boston) ....

Stearns, Edward

Stearns, Isaac

Stearns, Thomas

Stebbins, Ebenczer 797

Stebbins, Samuel 796

Stcnnett, Samuel 1045

Stephens (s^e Stevfns).

Stetson, Ehenezer 797

Stetson, Lemuel 799

Steven's Carrying-place 373

Stevens, John 797

Stevens, Samuel 351, 352

Stevens, Thomas . . . 109, 027, 029, 997, 999

Stevens, William 130,231

Stevenson, John 795, 796

Steward, Lord (see Talbot),
Stewart, John {see Stuart).

Stillman, Samuel 1038,1039,1043

Stillwater River 991

Stimpson, Daniel 995

StimpsoM, (icorge, jun 790

StiuHon, Thomas 239,344

Stirling, William Alexander, Earl of . . .439
Slockbridge, 10, 149, 243, 254, 339, 388, 432, 477, 545, 500,

603, 580, 632, 651, 690, 700, 711, 817, 824,

8S9, 965

Stoekbridge, David
Stockbrldgc Indians
Stoddard, Atier .
Stoddard, Ebcnezer
Stoddard, Solomon
Stoddard, William
BtODC, Andrew .

. 337
869, 700, 701
. 79S
. 1034
647, 548
. 3:.l
. 352

Page

Stone, Daniel 170

Stone, Ehenezer ........ 795

Stone, James 54$

Stone, Josiah 171

Stone, Nathaniel . 100, 103, 118, 228, 355, 547, 548

Stone Weir 725

Stoneham, 9, 148, 252, 386, 476, 587, 649, 710, 822, 887, 904

Stony Brook 1011, 1033

Storer, Ehenezer 107, 521

Story, EUsha 948

Story, William .... 521, 903, 931, 937, 941

Stoughton, 7, 97, 146, 228, 249, 383, 474, 549, 585, 647, 70S,

808, 809, 820, 862, 863, 865, 806, 885, 983

Stoughton Hall 834

Stoughtonham . . . SOS, 809, 805, 885, 902

Stow, 9, 148, 252, 386, 476, 587, 649, 709, 796, 797, 822, 887,

964

Strand 996

Stratton 944

Stroudwater River 838

Stuart, or Stewart, John 632, 633

Sturbridge, 11, 96, 126, 150, 256, 390, 478, 590, 601, 652,
712, 825, 891, 967, 996, 1030

Sturgis, Samuel 796

Success (The sloop) 130

Sudbury, 8, 147, 172, 251, 272, 274, 344, 385, 420, 449, 450,
408, 409, 475, 544, 587, 648, 709, 742, 795, 798,
821, 887, 903

Sudbury River 272, 274, 420, 449

Suffield, 9, 149, 254, 388, 477, 588, 650, 711, 823, 8S9, 965
Suflfolk, County of, 7, 14, 61, 70, 92, 103, 104, 122, 126, 133,
146, 153, 200, 238, 239, 249, 250, 200,
296, 310, 322, 354, 355, 350, 358, 378,
379, 383, SS4, 394, 402, 407, 474, 482,
498, 545, 547, 548, 549, 585, 595, 624,
647, 656, 6S5, 687, 708, 716, 734, 737,
749, 758, 776, 792, 796, SOS, 820, 829,
845, 863, 865, 874, 885, 896, 932, 933,
962, 970

Sumner, John 104,229

Sumner, Samuel 797, 798

Suncook 530

Sunderland, 9, 149, 254, 264, 3SS, 476, 545, 588, 632, 650,
706, 710, 782, 783, 823, 884, 888, 927, 965

Susanna (The sloop) 131

Sutton, 10, 149, 255, 389, 478, 589, 651, 712, 824, 890, 966,

095

Swan Island 287

Swan, Robert 863

Swan (The schooner) 131

Swanzey, 12, 151, 258, 337, 392, 480, 592, 654, 714, 743, 783,

827, 883, 893, 959, 968

Swazcy, Joseph 799

Swcctser, John .
Sweetscr, John, jun.
Swctt, Samuel .
Swift, James
Swift, Moses
Swift River .
Symmes, John .
Symonds, Jonathan

794, 795, 797
796, 799
. 794
. 107
. 110
464,480
. 621
. 706

Tuft, Daniel 002

Taft, Joseph 839

Taft, Thomas 802

Talbot, William Talbot, Earl (Lord Sleteard of

the nouse hold) . 944

Index of Namks.

1073

Page
Tarbell, Cornelia* ..,,,.. Sftg

Tiirbull, John 794

Turpaulin-Oove laland 832

Taskpr, John 109

Taunton, 12, 151, 258, 327, 337, 392, 480, 592, 654, 714, 734.

737, 707, 827, 803, 1108

Taunton Great River .... 327, 329, 770

Taunton Road 802

Taylor, Eldad, 693, 694, 700, 783, 837, 875, 928, 9U8, K-47,

1048
Taylor, Ezra . .338,698,701,929,931,936,990,998

Taylor, John 1013

Taylor, Jonathan 1037, 1043

Taylor, Thomas 797

Taylor, William 798

Taylor's Garrison 95

Teel, WilUam 799

Temple, John 340

Templeman, Peter 996

Templeton, 533, 566, 667, 590, 627, 652, 713, 721, 738, 825,

891, 953, 967, 994
Terrick, Richard (Bishop of London) . . 926, 944

Terry, Abiel 632

Terry, William 866

Tcwksbury, 9, 97, 101, 148, 253, 387, 476, 587, 649, 710,

822, 888, 964
Thacber, Oxenbrldge . . . .521, 793, 929

Thatcher's Island 1005

Thayer, Benjamin 339

Thayer, Cornelius 337

Thayer, Ebenezer . . . 875, 936, 947, 998, 1004

Third Cliff (Scituate) 859, 974

Thomas and Martha (The snow) . . . .131

Thomas, Anthony 1000, 1004, 1005

Thomas, Hannah 1005

Thomas, Isaac 782

Thomas, John 1005

Thomas, Nathaniel Ray 98. im, 487

Thomas, Sir Edmund, Bart. . . 352, 451, 452, 868

Thomas, William 487

Thomlinson, John 346, 347, 567

Thompson, Alexander 548

Thompson, Benjamin 795

Thompson, David 549

Thompson, James 795

Thompson, John 361

Thompson, Thomas . 128

Thomson, John 128

Thorndike, Nicholas 128

Thornton, Timothy 107

Three Friends (The schooner) .... 131

Thurston, Peter 800

Thwing, Nathaniel 139

Tibido, Hammond 100, 101

Ticonderoga 141,232,233

Tidmarsh, Giles 109

Tilestone, Onceipboms 521

Tilestone, or Tilton, Thomas 730

Tilton, Thomas (nee Tilestone).

Timmins, John 795

Tirrcll, Joseph 799

Tisbury, 13, 152, 259, 394, 481, 624, 564, 565, 694, 856, 715,
737. 828, 895, 909, 910, 970, 988, 989, 1003, 1004

Tisbury Great Pond 088

Tisdale, Israel 327,328

Tisdalc, Joseph 996

Tonyn, George Anthony 438

Topsfleld, 8, 147, 261, 339, 385, 476, 586, 618, 686, 709, 821,

880,063

I'At.B

481, 504, 665, 082, 715, 828, 670, 895, 'jcj

lus

. (U3

Tracoy, Patrick .
Traban, Peter
Trap Hole Brook
Treadwell, Jacob
Treat, Itobert .

TopBham
Torrcy, JoHiuh
Torrey, William

Towesulck Bay 207, 344

Toweseirk Gut 207, 344

Town, Thomas 74^

TownHend, Mr 737

Tdwnoend, David 928

Townnend, Jumes 93

ToWMsend, Solomon 6aO

Townitcnd, William Blair 521

Townshcnd, 9, 148, •r)2, 336. 386, 476. 687, 049, 680, 709,
731, 7:59. 822, 887, 008, 909, 946, 004
Townshcnd, lion. Charles (Chancfllor 0/ the A>-

chequer) . . 563, 044
320, 327, 016

101

862

708

704

Trecothick, Barlow, 346, 347, 380, 381, 430, 440, 458, 450,

040

Trowbridge, Edmund . 697, 65W, 791, 793, 1006

Truro, 12, 78, 151, 257, 370, 391, 479, 592, 017. 031,jJ53,

713, 820. 802, 063*083

Tucker, Beiijnmin 794

Tucker, Juazaniah 100

Tucker, Uichard 798

Tudor, John 107, 108, 521, 704

Turner, Israel 122, 240

Turner, John 109,113.220

Turner, John (Salem) 360

Turner, Samuel 620

Tuttlc, Samuel 704

Tutlle, Simon 337

Twelve-mile Pond 263

Tyler, Nathan 902

Tyler, Royall, 103, 106, 337, 3.J1, 357, 438, 443. 449. 521,

547. 551, 554, 559, 664, 568, 025, 634.

635. 697, 698, 700, 785, 78C, 791, 793,

876, 929, 931, 932, 033, 096, 099, 1000

Tyng, John, 88, 96, 98, 101, 113, 114, 115, 117. 127, 135.

140, 142, 229, 231. 240. 351, 438, 442

Tyringbam (see Number One), 451, 534, 535, 667, 589. 627,

651,004,711.817,824,

866, 867, 880, 060

Union (The enow) 138

Upper Pond 870

Upton. 11, 126, 150, 256, *», 441, 478. 500, 052, 712. 825,

891. 007

Uzbridge, U, 160, 266, 337, 338, 330, 380, 178, 600, 052. 712,

825, 800, 801, 002, 007, 000

Vanduscn, Isaac 644

Vann. Hugh lOS

Vano, Snmuel 706

Van*, WilllBm 648

Vaswill, Henry 107, 108

Vernon, Kortcsquo 621

Vllllers, James Joseph ...... 700

Vincent 100

Wachosctt Hill .
Wadswortb, John

1074

Index or Namis.

Page

W^aite, Nathan 794

VVaitu, John . .

. 787

Waldo, Cornelius . ,

624, 796

Waldo, Daniel .

621, 998

Waldo, Francis .

701, 791

Waldo, John

797

Waldo, Joseph .

. 998

Waldo, Samuel .

838, 871

Wales ....

48, 115

Wales, Nathaniel

. 793

Wa'ker

. 816

(Valkur, Ebenezer .

518, 519

Walker, Isaac

. 521

Walker, James .

327, 328

Walker, Thomas

108, 445

Walker, Timothy

103, 560

Walkup, George

. 170

Walpole, 7, 100, 101, 146, 250, 384, 474, 585, 647, 708, 820,

885, 926, 962

Walpole (Lincoln Co.) 810, 924

Walpole, Robert 1003

Walron, Thomas . . .' . . . .909
Walthara, 9, 148, 252, 386, 476, 587, 649, 709, 822, 887, 964
War(J, Artemus . 103, 108, 138, 139, 361, 450, 1004, 1048

AVai-d, Isaac 173, 231

Ward, John 108

Ward, Stephen 943

^^'are 486, 650, 711, 823, 889, 905

Ware Bridge 327, G29

Wareham, 11, 151, 257, 391, 479, 591, 653, 713, 814, 820,

892, 907, 1022
Ware River, . 10, 149, 254, 388, 477, 486, 545, 546, 588

Warner, Benajah 349

Warren 1037

AVarren, James 1004, 1005

Warren, Joseph 996

Warren, Samuel 796

Warren, Sir Peter, Bart. . . 437, 501, 562, 563, 564

Warren, Susan, Lady 501

Warwick 645, 604, 633, 738, 870

Washbon, Jacob 1037

Washborn, Nchemiah 1037

Waterside (Newbury) 698

Water Street (Boston) 358, 431

Watcrtown, 8, 147, 251, 355, 385, 475, 586, 648, 709, 79G,

821, 8S7, 963

W.itson, George 103, 109

W.itts, Samuel, 8S, 90, 97, 99, 100, 104, 230, 241, 320, 338,
.•;30, .342, 355, 361, 378, 431, 449, 548,
025, 030, 791, 871, 1033

Webb, Daniel 120, 134

Webb, Jonathan 797

Webb, Samuel 626, 798

Webber, Edward 876

Webber, John 797

Webster, Grant 796

Weeks, Samuel 797

M'( U•llm.^n, William 131

W.'llcr'H Mills 740, 1048

"Wilineel, District of, 604, 713, 743, 826, 893, 968, 983, 984

Wellington (The tinow) 129

Wells, 13, 27, 28, 29, 152, 259, 393, 420, 480, 566, 603, 654,
714, 827, 893, 969, 992

Wells, FrnncU 107

Wells, Fr.incls.Jun 107

Wells Harbor 27,28,420

Welles, Samuel 542, 030, 034, 795

Wendell, Jacob, 108, 113, 118, 128, 135, 320, 351, 357, 431,

450, 501
Wendell, John 107,108,109

Paov

Wendell, John, jnn 109, 113

Wendell, Oliver 796

Wenham, 8, 147, 251, 385, 475, 586, 648, 709, 731, 821, 886,

926, 963, 974

Wentwortli, Samuel 107

West, Thomas 559

Westborough, 11, 150, 255, 389, 478, 590, 651, 712, 825,

839, 874, 891, 966, 995

Western, 11, 150, 256, 390, 478, 486, 549, 590, 652, 712, 825,

891, 967, 996

Western Ocean 731

Westfield, 9, 148, 253, 356, 387, 476, 548, 558, 588, 650, 694,

710, 740, 818, 823, 837, 805, 875, 888, 960, 965,

995, 1023, 1043, 1047, 1048

Westfield River . . . 099, 1023, 1047, 1048, 1049

Westford, 9, 148, 252, 386, 475, 587, 649, 709, 794, 795, S22,

887, 904

West rioosuck 95, 432, 809, 824

West India Islands (English), 79, 182, 298, 407, 506, 009,
670, 098, 768, 851, 913,
977, 1003
West Indies . . . 106, 128, 129, 130, 131, 236

West Indies (Newbury) 676

Westminster, 205, 340, 341, 342, 390, 478, 533, 590, 052,

685, 712, 721, 825, 891, 967

Weston, 8, 148, 252, 386, 475, 587, 649, 696, 709, 821,887, 903

Weymouth, 7, 146, 249, 322, 356, 370, 383, 474, 585, 647,

708,

Whately, Thomas
Wheat, William .
Wheeler, Peter .
Wheelock, Eleazer .
Whcehvriijht, Job
Wheelwrii^ht, John .
Wheelwriifht, Nathaniel
Whipple, Francis
Whitcomb, John
Whilconib, Jonathan
White, Jedidiah
White, John
WHiite, John, 3d .
White, Jonathan
White, Josiah
White, Joseph .

White, Samuel (Speaker of the /louse of Repre-
sentatives), 96, 101, 103, 117, 118, 119,
121, 128, 132

241, 358, 359, 933

UD.

White, Timothy
While, Thomas,
Wliite, William
Whitehall .
White's Farm
White's Island
Wliitinj;, Stephen
Whiting, Thomas
Whitman's Pond
Wliitniarsh, Ezra
Willi uey, Amos .
Whitney, Benjamin
Whitney, Ellas .
Whitney, Ephr.aim
Whitney, Mark .
Whittemore, Jabez
Whittemore, Samilcl
Whittlesey, Ezra
Whltwell, William
Wilbraham . . 044
Wilder, Caleb .
Wilder, David .

645,

711,

66, 820, 885, 902
. 1045
. 797
. 796
561, 562, 563, 564
. 798
. 103, 431
. 795
. 840
340, 342, 343
. 337
. 796
106, 129, 521, 685, 798, 799
. 799
355, 1040
109, 1034
1034, 1035

, 133, 135, 141, 231, 240,

.44,

. 798
. 943
. 521
137, 943, 944, 945

. 80".l

108, 443, 44 I
lOS

. 322
. 107
. ail;
. 170
. 171
685, 701
. 170
. .'JSO
107, ion
. 032
122, 521, 796
818, 823, 865, 870, 889, 905
927, 931, 997
028, 029, 030, 931

Index of N^vmes.

10'

Paob

Wilder, Joaeph 740, 1046

Wilder, Joseph, Jmi. . ••.... 9-J7

Wiley, Moses 083

Wilkie, John 1037

WillarJ, Aaron, Jun 1028, 1020, 10«

Willaril, Abijah 800

Willaril, Elias 94j

Willard, John 700

Willard, Joshua 634, 739, 801

Willard, Josiah 127

Willard, Levi .... 647, 548, 792, 797, 874

Willard, Nathaniel 790

Willard, Simon 796

Wilks, Edward 943, 044

William HI., 52, 53, 54, 122, 164, 288, 321, 353, 309, 3S0,

452, 462, 467, 529, 019, 622, C2S, 041, CS3,

686, 705, 776, 870, 911, 932, 944, 974, 9S:),

1001, 1044

William Henry, Fort . . . 133, 101, 199, 209, 377

William (The ship) 12S

Williams, Daniel 142

Williams, Elijah . . 97, 98, 460, 531, 946, 9o5, 1004

Williams, George 327, 790, 797

Williams, Israel, 96, 105, 114, 110, 117, 141, 338, 438, 449,
451, 697, 699, 786, 789, 1006, 1030, 1037

Williams, James 327

Williams, Jonathan 521,797

WilUams, Joseph, 139, 142, 223, 378, 401, 402, 431, 442,
603, 633, 693, 694, 875
. 558
122, 238, 354, 355, 547

Williams, Nathaniel
Williams, Seth .
Williams, Thomas
Williams, William
Williams's Garrison
Williamsburgh .
Williamson, Col.
Williamson, Jonathan
WlUiamstown .
Willis, Ebenezer
Willistone, Nathaniel
Will's Island

139,

434, 450,

815, 816, 1014
809, 816, 818, 900
95
. 815
. 238

809, 870, 890, 966
. 337
. 943
47

Wilmington, 9, 97, 148, 253, 387, 476, 687, 649, 710. 822,

888, 926, 904
Wilmot, Sir John Eardly (C. J. C. C. P.) . . 944

Wilmot (The sloop) 12S

Wilson, John 796

Winch, John 170

Winch, Thomas 170

Winch, Thomas, jun. 170

Winchclsca (The ship) 113

Winchcndon . 721, 738, 825, 870, 891, 960, 967, 995

Winchester 607

Winchester, John 707

Windham, 577, 578, 627, 628, 655, 694, 715, 828, 835, 836,
869, 894, 969, 1017, 1018, 1046

Wing, Dinely 798

Wing, Edward, jun 635

Wing, Joseph 118.119

Wing, Sylvanus 339, 818, 865

Winniett, John 795

Winslow, Edward 867

Winslow, Isaac 621,027

Winslow, Job 797

Winslow, John .... 107,131,352,540,654

Winslow, Joshua 107

Wintcr-IIarbor Beach 420

Winthrop, John 834, 031

Winthrop, John Still 625

Wintliriip, Samuel ^^

Wimhrop'B Farm ..••••• Wl

Paob

WliiwaU, Ichabod 122, 238

WlHwall. Oliver 107

Williiini. Daniel 441

Wilherby, Paul (Wj

Will. Oliver 7SS

Will, Samuel, 96, 105. 108, 135, 140, 229, 842, 343, 450, Wi,

875
Woburn, 8, 147, 251, 386, 444, 475. 580, 648, 709, 700. 821,

887,003

Wolfe, James 102

Wood, Aaron 110,701,947

Wood. Ezeklcl 804

Wood, John 790, 709

Wood, Junuthun 441,085

Wood, Joseph 709

Wood, Simeon 1037

Wood, Solomon 338, 339

Woodbrldge, Thomas 109

Woodbridge, 'i'iniolliy . . 507, 700, 701, 817

Woodman, Joseph 632

■Woodsiuck, 10, 14'J, 255, 380, 478,589,051,712, 824, 890, OM

Woolwich, 207, 2S7, 393, 481. 594. C55, 715, 828, 890, OCO

Worcester, 10, 96, 149, 2.')5, 200, .ISU, 478, 589, 001, 712,

734, 737, 800. 824, 861, 800, 066, OOS

Worcester, County of, 10, 14, lo:i, 10 », 122, 120, 133, 140,

100, 103, 174, 238, 205, 250, 260,

200, 200, 33S, 343, 304, 305, 380,

390, 394, 47;-i, 482, 498, 533, 534,

646, 047, 54S, 549, 071, 577, 680,

690, 595, liOl, C02, GOO, 712, 716,

721, 734, 737. 7.J8, 739, 708, 788,

790, 792, 8O0, 8-24, 820, 830, 844,

800, 861, S74, 875, 800, 800, 902,

908, 927. 903, 900, 900, 970, 991,

994,995

Worthington (itee A'umber Three) .... 1028

Wortbington, John, 96, 104, 133, 142, 369, 642, 653, 044,

793, 804; 860, 884, 027, 028, 1004,

1028, 1029, 1040

Wrentham, 7, 97, 100, 101, 120, 140, 249, 383, 442, 474, 585,

647, 708, 809, 820, 862, 885, 002

Wright, Johu 626

Wyman, Francis 648

Wynian, John 109

Wymun, Thaddeus 109

Wynmn, Zebadlah, Jun 796

Yarmouth, 12, 22, 23, 24, 151, 228, 267, 323, 324, 391, 414.
479, 519, 520, 091, 603, 713, 743. 828, 809,
892, OOS, 1022
Tokum (or Yokun) Town and Mount EphnUm,

680, 681, 7U<i, 701, 817. 824, OuO, 000, 010. 1027
York. 13. 152, 2.VS, 3U:J, 4S0, 693. n:j'.>. G..4, 714, 734, 737,

700, 707, 827, 871, RKJ, l«9
York, County of, 13, 14, 27, 40, lUl. 104, 122, 140, HI. 152.
153, 23.<<, ZW, 20.i. 280. 207. 2S7. 344,
360, 351, XA, 3.V.. 372, 373, ."574, Z".
381, 303, .-WO, 424 *SA. 438. iSD, 480,
482. 4SS. OJ.'.. .V.-n. ■ ; - <,,

660, .'.72, O'.'.'., .'.'.'.■.. ■ .1,

657, C91, 0'.t4, f.x>, :;. : .7,

700, 702, >t27, S29. 874. 893. VH, S'.i«.

054, OGO. 070, 002, 1010, 1020
York, Edward Augustus, Duko of . .044

Yorke, John 852, 8«8

Young, IJarnabus ''83

Young, Benaloh 708

Young Eagle (The nchoODcr) ... .128
Young, Tbomaa 1000

List of the Acts and Resolves

CONTAINED IN THIS VOLUME.

ion

LIST OF THE PUBLIC ACTS.

Date
of I'Msoge.

DlMllowed
by Prlv7
Council.

Expired or had tu
effect.

1757-58.— First Session.

Chapter 1. An act for erecting the district of Dsiu-
vers into a township by ihe name of
Uanvers [17r)l-52, chap. 14]

Chapter 2. An act for apportionimr and a-ssessing
the sum of eighty-one thousand three
hundred eighty-si.x pounds thirteen
8hinin<;s ami fourpence; and also for
apportioniiijT and assessinjj a further
tax of tliree thousand live hundred
and seventy-one pounds fifteen sldl-
lings, paid the representatives for
their service and attendance in the
general court, and for their travel,
and for lines laid upon towns that
have sent no persons to represent
them at tlie general court this year
[1755-5(5, dial). •*• § **! l755-5(i, chap.
29, § 7; 17.5()-57, chap. .3, § 5; 175(5-57,
chap. 37, § 3; 17.57-58, chap. 3, § 6;
1755-56, chap. .32, § 1] .

Chapter 3. An act for supplying the treasury
■with the sum of eighty-five thousand
pounds, to be thence issued for dis-
charging the public[kl debts, and
drawing the same into the treasury
again [17.")5-5(i, chap. 4, § 5; chaps. 1.3,
15, 18, 27, and 46; 1756-57, chaps. 3,
22, 29, and .37]

Chapter 4. An act for supplying the treasury with
the sum of three thousand five hun-
dred pounds, and for lending the
same to the town of Boston

Chapter 5. An act to prevent damage being done
on the meadows and beaches lying
in the township of Harustable, ou
the south side of the harbour, con-
tiguous to [to] the common fields in
said town [1747-48, chap. 5]

Chapter 6. An act to prevent damage being done
on the lands lying in the township
of Yarmouth, called Nobscusset
[1749-50, chap. 15; 1754-55, cliai>. 29],

Chapter 7. An act for continuing an act made and
passed in the twenty-ninth year of
his present majesty's reign, intitled
"An act in addition to an act made
in the twenty-ninth year of his ma-
jesty's reign, intitled ' An act nuik-
ing jirovisioii for the iidiabitants of
Nova Scotia, sent hither from th.at
government, and lately, arrived in
this province ' " [1755-56, chap. ;55J .

Chapter 8.
Chapter 9.

Second Session.

An act for granting the sum of thir-
teen hundred pounds for the support
of his majesty's governour

An act in tnrther a<hlition to the act
for limitation of actions, and for
avoiding suits in law where the
matter is of long standing [Ip-J-.v;,
chap. 22; 174»-49, chap. 17; 1.40-41,
chap. 4]

1757.

Juno IG,

June 16,

June 13,

June 15,

June 4,

June 15,

June 16,

Aug. 31,

Aug. 31

1769.
Aug. 10,

Mar. 31, 1758.

June 25, 1767.

Aug. 1, 1757.

Mar. 31, 17(50.

107d

1080

Public Acts.
List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by Privy
Council.

1767-58.— Second Session — Con.

Chapter 10. An act in addition to an act intitled
" An act in addition to the act for
providing of i^ounds, &cM" [1703-4,
chap. 10]

Chapter 11. An act to prevent neat cattle, horses
and sheep running at large and feed-
ing on the be[e][((Jches beween Wells
and Ogunqiiit Harbours, in the town
of Wells, and to prevent the mowing
of the same

Chapter 12. An act providing remedy for bank-
rupts and their creditors [St. 5 Eliz.,
chap. 9]

Thikd Session.

Chapter 13. An act in addition [to] an act, in-
tit[i/]led " An act for regulating the
hospital on Rainsford's Island, and
further providing in case of sick-
ness " [175()-57, chap. 33, § 4] .

Chapter 14. An act for raising the sum of one thou-
sand two hundred pounds by lottery,
for building and maintaining a bridge
over Saco and Pesumpscot Rivers, in
the county of York . . . .

Chapter 15. An act for incorporating a neck of land
called ]\Ier[)']iconeag Neck, and cer-
tain islands adjacent in the county
of York, into a seperate district by
the name of [Harpswell] .

Chapter 16. An act making provision for the quar-
tering and billeting recruiting othcers
and recruits in his majesty's regular
forces employed for the protection
and defence of his majesty's domin-
ions in North America

Chapter 17. An act to exempt the people called
Quakers from the penalty of the law
for non-attendance on military mus-
ters [1755-50, chap. 32] ...

Chapter 18. An act in addition to the several acts
of this province for regulating the
militia [l(J<)3-4, chap. 3, § 27; 1738-39,
cliap 5; 1742-43, chap. 1(5; 1()9!)-1700,
chap. 17, §§ 1 and 2] .

Chapter 19. An act for granting unto his majesty
an excise upon spirits distilled and
wine, and ujion limes, lemmons and
oranges

Chapter 20. An act further to exempt persons com-
monly calhul Quakers and Annabap-
tists from paying ministerial taxes
[1747-48, chap, li; 17.52-53, cliap. 15] .

Chapter 21. An act for altering a clause in an act
made in the thirtieth year of his
present majesty's roign, intitled "An
act to prov(>ut damages Ixiing done
unto Dilling.sgate 15ay, in llie town
of Eastliam, liy cattle and hor.ses
feeding on tlie beach and islands ad-
joining tliereto" [175(>-57, chap. 31,
§§ 4 and 5]

Fourth Session.

Chapter 22. An act to prevent bribery and corrup-
tion

1757.

Aug. 31,

Aug. 31,
Aug. 31,

1758.

Jan. 25,
Jan. 11,
Jan. 26,

1757.
Dec. 1,

Dec. 31,

1758.
Jan. 25,

Jan. 25,
Jan. 25,

1758.
July 28,

Expired or had its
effect.

Sept. 1, 1760.

Jan. 31, 1761.
June 15,1759.

Dec. 1, 1758.

Apr. 21,1761.

Mar. 1,1760.

Mar. 26,1759,

Feb. 1,1761

Jan. 11,

March 25,

Public Acts.
List of the Public Acts — Conliiiued.

1081

TITLES.

Diilc

of rii»t«>B<>

DUinllowml
by I'rivy
Council.

Expired or bnil It*
effect

70
71

73
74

76
77

1767-68.— FouKTU Session— Con.

Chapter 23.

Chapter 24.
Chapter 25.
Chapter 26.

Chapter 27.
Chapter 28.

Chapter 29.

Chapter 30.
Chapter 31.

Chapter 32.

Chapter 33.

Chapter 34.
Chapter 35.
Chapter 36.

An act for regulating the proprietors
of the nieailow and Hat frround witli-
iu the cove called the little harbour,
in the township )f llinghaiu, in the
county of Suffolk ....

An act [for] laying an embargo upon
ships and other vessel[l]s in this
pnjvince

An act providing for the recei)tion
and ai'coniniodation of his majesty's
forces within tills province

An act in addition to an act made and
passed this i)resent year, intit[u]led
"An act in addition to the several
acts of this province for regnlating
the militia " [1757-oS, chap. 18, § 1] .

An act to prevent soldiers and seamen
in his majesty's service from being
arrested for debt

An act for the speedy discovering and
ascertaining the sum or quantity of
the manufactory bills, so called, that
are still outstanding [1754-00, chap.
24]

An act in addition to the act intitled
"An act for granting unto his ma-
jesty an excise upon spirits distilled,
and wine, and ni)on limes, lemmons
and oranges" [1757-58, chap. 19; 1756-
57, chap. 21]

An act inipoworing the province treas-
urer to borrow twenty-eight thou-
sand pounds

An act for reviving and continuing
sundry laws that are expired and
near expiring [17.'«>-;>7, chap 15; 17.'i7-
38, chap. 8; 17.i7-:!8, chap. 9; 1740-41,
chap. 2:?; 1741-42, chap. 5; 174(;-17,
chap. 2f); 1747-48, chap. 7; 1748-4!i,
chap. 9; 174".>-,')0, chap. (!; 1749-.W,
chap. 27; 17.50-.51, chap. 5; 17.")()-r)l,
chap. 17; 17r)J-5.?, chap. Id; 17."/_'-5:{,
chap. 18; n.VJ-.'i:!, chap- 20; 1753-54,
chap. 44; 17ril-."j5, chap, .'il]

An act for granting unto his majesty
several rates and duties of impost
and tunnage of shipping .

FiFTU Ses.'jion.

An act for preventing loss or damage
by means of a non-observance of a
late act of this province intitled " An
act for granting to his majesty sev-
eral duties upon vellum, parchment
and paper, for two years, towards
defreving the charges of this govern-
ment" [17.'>4-.">, chap. 1«] . .

An act for the spe.dy levyini: of sol-
diers for an intended expedition

An act for supplying tin; trea.sury with
a sum of money by h>ttery

An act in addition to an act made and
passed this present year, intitled
"An act for the speedy levying of
soldiers for an intended expedition'
[1757-58, chap. 34] . . . •

1758.

Mar.
Mar.
Mar.

Mar.
Mar.

Mar.

Mar.
Mar.

25,

Mar.
Mar.

Apr.

Apr. 28.

June 1,1758.

June 30,1758.

Mar. 1,1700.

Dec. 1, 1758.

Mar. 20, 1759.

Apr. l,17<a
Mar. 26, 1759.

May 2, 175a

Juno \,\1TA.

1082

Public Acts.
List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by I'rivy
CouncU.

Expired or had its
effect.

1757-58. — Fifth Session— Con.

Chapter 37. An act in addition to an act, intitled
" An act for preventing the unneces-
sary destruction of alewives and otlier
fish, within tliis province" 1754-55,
chap. 31, § 1]

145

156

157

IGO

163
163

165

1(;5

1758-59.— FiKST Session.

Chapter 1. An act for apportioning and assessing
tlie sum of eiglity-two tliousand and
thirteen pounds six shillings and
eightpence; and also for apportion-
ing and assessing a further tax of one
hundred and seventy-seven i)ounds,
for tines laid upon towns that have
sent no persons to rejiresent them at
the general court this vear [1756-57,
chap. 3, § 5; 175(>-57, chap. 22, § 2] .

Chapter 2. An act in addition to an act intitled
" An act to prevent the desertion of
soldiers during the present war with
France, and the loss of arms," &c.
[1756-57, cliap. 36, § 1] ...

Chapter 3. An act for ]ireventin.!,' any deficiency
in the number of soldiers to he raised
within tliis province for the intended
expedition against Canada [1757-58,
chap. 36, § 2]

Chapter 4. An act for supplying the treasury with
the sum of one hundred and eighty
thousand pounds, to 1)(! thence issued
for discliargiug the jinblic d(;bts, and
drawing the same into the treasury
again [1757-58, chap. 18, § 6; 1757-58,
chap. ."O]

Chapter 5. An act for granting the sum of thir-
teen hundred pounds, for the sup-
port of l]is majesty's governour

Chapter 6. An act in addition to the several acts
for the better regulating the Indians
[1753-54, chap. 6; 1700-i, chap. 9]

Second Ses.sion.

Chapter 7. An act for altf^ring the times appointed
for lujlding tli(; courts of g(Mi(ral ses-
sions of 1 1 u; i>caceand infcricjur courts
of common i)Icas at Plymouth, with-
in and for the count v of I'lyniouth
[1742-43, clia]). ;!2: 17."i;i-54, cliap. :!:!],

Chapter 8. An act ])roviding for the rccciition
and arcominodatinn of his majesty's
forces witlnn this i>rovince [1757-58,

'■li:>I'' -•"']

Chapter 9. An act in further addition to tlio sev-
<'ral acts(jf tliis province for the regu-
lating the militia [1757-58, chap. IS,
§1]

1758.

Apr. 29,

June 15,

June 8,

June 15,

June
June
Juno

15,
15,
15,

Oct.

14,
12,
14,

Apr. 1, 1763.

Mar. 31,1759.

Jan. 11,1763.»

Nov. 28,1761.

Mar. 31,1759.
Oct. 31, 1758.

* rrcllmlnnry nrtldos of pcnco wcrp pitrnnl at I'l^Js, Nov. 3, 17n2, tidinss of which readied Tloston, .Tan. 11, \'Ci\
from wlilch dato Imslililics lirro wore finally siispciiacd. 'I'lic dolinilivc treaty was ooncluilcd on tlu> lOtli of l-'ob-
ruary fullowinu', niul prnchiiiHcd in I,i>iulnii'(in the l20Lh of March ; and altlioiiiih tluse l:ut.-i were piihllslied in Vm».
ton as early as llie 'J 1 nfM:iy, nnd the Ire.aly Itself was printed hi the laihlic papers in IJoston, May -';!, Its ratliieation
•was n<it proclaimed here mull Aug. 10, ui)on the arrival of letters to tlio Governor from the Lords Commissioners for
Trade and I'lantations Bii^ulfylng the Kin«'s pleasure that a d.ay of pnhlic thanksu'lviug be appointed to celebrate the
event. The tbauksglving was observed the next day after the proclamation had been made.

Public Acts.
List of the Public -4d5— Continued.

1083

Date
of PoiMige.

DlKaIIowe<l
by I'rivy
Council.

168
170

173

174

174
175

176
178

180

182
189

191
195

195

1768-59.— Tjiikd Skssion.

Chapter 10. An act to enabhi creditors to ro-
c[iej[''/]ve tlieir just dchts out of the
effects uf their absent or absconding
debtors [1748-4'.i, chap. (J; 175;)-51,
chap. 28]

Cbapteill. An act to confirm and render effectual
an agreement between sundry per-
sons claiminj; projierty and interest
in the common and undiviih-d hinds
in a neck of land in Framingham, in
the county of Middlesex .

Chapter 12. An act for ereitiiipj the second precinct
in the town of Iladlcy, in the county
of Hampshire, into a'district, by the
name of Amherst ....

Chapter 13. An act for incorporating the inhabit-
ants of the west wing of Rutland, in
the county of Worcester, into a pre-
cinct

Chapter 14. An act to prevent a multiplicity of
lawsuits [1742^3, chap. 25; 1754-55,
chap. 5]

Chapter 15. An act making provision for the quar-
tering and billeting recruiting officers
and recruits in his majesty's regular
forces employed for the jtrotection
and defence of his majesty's domin-
ions in North America [1758-59, chap.
8, §3]

Chapter 16. An act in addition to an act intit[w]led
"An act to prevent fraud in cord-
wood exposed to sale " [1705-<), chap.
8,§1]

Chapter 17. An act in further addition to an act
intit[K]led "An act for explanation
of and supplement to an act referring
to the poor," i^cc. [1740-41, chap. 20;
1741-42, chap. 4; 174'.l-50, cliap. Ki] .

Chapter 18. An act providing that the solemn af-
firmation of the people called Qua-
kers shall in certain ca.ses be accented
instead of an oath in the usual form
[1743-44, chap. 20; 1747-48, chap. 6] .

Fourth Session.

Chapter 19. An act for granting unto his majesty
several rates and duties of impost
and tunnage of shipping

Chapter 20. An act in further addition to the sev-
eral laws now in being for the more
speedy finishing the Land-bank or
Manu'factory Sihemo [1748-49, chap.
16; 1754-55," cliap. 24; 1757-58, chap.
28; 174:^44. chap. 17] .

Chapter 21. An act for the speedy levying of sol-
diers for an intended expedition
against Canada [1758-50, chap. 2;{] .

Chapter 22. An act in addition to an act intituled
"An a<t for the speedy hivying of
soldiers for an intended exjieditioii
against Canada " [17.-.H-5'.t, cliap. 21],

Chapter 23. An act subjecting th<- inhabitantu of
the island of Nantucket to an assess-
ment towards the charge of defend-
ing his majesty'.s territories, in lieu
of their personal service [1755-66,
chap. 32]

1759.

Feb. 13,

Jan. 17,

Feb. 13,

Mar. 28,

Mar. IS,

Explrrd or tiAd tta
effect

Jane 1, 1759.

Feb. 25, 17G3.

Feb. 15, 17«>1.

Feb. 10, 1764.

»Iar. 26, 1760.

June 1, 1759.
June 1. 1759.

Mar. 22, 1701.

1084

Public Acts.
List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by Privy
CounciL

Expired or had Its
effect.

197

197
198
198

199
201

213

215

215
218
219

220
220

1758-59. — Fourth Session — Con.

Chapter 24. An act to enable the widows of such
non-commission officers and soldiers
as served in the pay of this province
under the general and commander-
in-ch[ei][ie]f of his majesty's forces
in North America, in the years 1757
and 1758, and are since deceased in-
testate, to receive the wages due to
such officers or soldiers without ad-
ministration upon their estates .

Chapter 25. An act to prevent soldiers and seamen
in his majesty's service from being
arrested for debt [1746-47, chap. 2;
1753-54, chap. 41, §§ 17, 18, 19] .

Chapter 26. An act providing for the support and
maintainance of such French prison-
ers as maybe taken or sent in by the
province ship King George

Chapter 27. An act for further continuing the act
[e][i]ntituled "An act providing for
the reception and acconi[?7i]odation
of his majesty's forces within this
province" [1758-59, chap. 8]

Chapter 28. An act for supplying the treasurer with
the sum of forty-six thousand pounds
[1758-59, chap. 21, § 5]

Chapter 29. An act for granting unto his majesty
an excise upon spirits distilled, and
wine, and upon limes, lemmons and
oranges

Chapter 30. An act for continuing the act for es-
tablishing and regulating the fees of
the several officers within this prov-
ince [1756-57, chap. 30] . . .

Fifth Session.

Chapter 31. An act in addition to an act intit[M]led
" An act for the speedy levying of
soldiers for an intended expedition
against Canada," made in tlie thirty-
second year of his present majesty's
reign [l'758-5'.i, chap. 21, § 5]

Chapter 32. An act for sujiplying tlio treasury with
the Slim of twenty-two thousand
pounds

Chapter 33. An act in addition to ati act intituled
• " An act for regulating of fences,
cattle, &c." [1693-4, chap. 7]

Chapter 34. An act in addition to, and for explana-
tion of, an act, intituled " An act for
granting unto his majesty an excise
uiion sjiirits distilled, an(i wine, and
n])on limes, Icnmions and oranges "
[1758-59, chap. 29, §§ 1 and 2j .

Chapter 35. An act for reviving and continuing
sundry laws that are expired or near
expiring [17:i9-40, chap. « ; 1739-40,
chap. 12; rtWl-rv.\, cliap. 12]

Chapter 36. An act in addition to an act [e][/]nti-
tulcd "An act for the effcM'lnal pre-
venting the currency of the bills of
credit of Connecticut, New llain])-
sliire and llhodt^ Island within tliis
province," made and i>assed in the
thirtieth year of his present majesty's
reign [1756-57, chap. M, § 6]

1759.

Mar. 15,

Mar. 17,

Mar. 14,

Mar. 28,

Mar. 26,

Mar. 20,

Mar. 26,

Nov. 1, 1759.

Jan. 11, 1763.

June 1, 1759.

Mar. 26,1760.

Oct. 12, 1769.

Apr. 24,

June 1, 1759.

May 1, 1761.

Mar. 26,1760.

June 10, 1766.

Mar. 31,1762.

Public Acts.
List of the Public ^c<s— Continued.

1085

221

222

223

247
247

263

264

1758-59.— Fifth Session— Con.

Chapter 37. An act in addition to "An act relating
to executors and administrators"
[170;>4, chap. 12; 171<i-'J0, chap. <>] .

Chapter 38. An act for raising a furilier siiui of
money by a lottery it lotteries for
compleatinK the pavement of the
neck leading out of the town of
Boston, called Boston Neck 1 1755-5(J,
chap. 24]

Chapter 39. An act for raisinu; a sum of money hy a
lottery or lotteries for the paving and
repairing tlie highway in Koxhury
from Boston line to the foot of the
Meeting-bouse bill, leading towards
Dedbam

1759-60.— First Session.

Chapter 1. An act for granting the sum of thirteen
hundred pounds, for the support of
bis majesty's governour

Chapter 2. An act for apportioning and assessing
the sum of ninety-four tliousand
seven hundred and eighty pounds
three shillings and twoiience; also
for apportioning and assessing a tax
of three hundred poimds, for Hues laid
npon towns that have not sent any
persons to represent them in the
general court the present year; also
for apportioning and assessing a tax
of five thousand one hundred and
thirty-four pounds eleven shillings,
paid the representatives for their
travel, service and attendan<-e in the
general court, in the years one thou-
sand seven hundred and fifty-seven,
and one thousand seven hundred
and fifty-eight; also for assessing a
tax of six hundred and sixty-two
pounds four shillings and sixpence,
npon the town of Sherburn, upon
Nantucket, in lieu of their propor-
tion of soldiers for carrying on the
present war; and also for assessing a
tax of three thousand and fifty-three
pounds one shilling and fournence,
upon sundry towns, to be levied upon
the people called Quakers, in lieu of
furnishing their respective quotas of
men for the military service, in the
years one thousantl seven hundred
and fifty-eight, and one thou.sand
seven hundred and fifty-nine [1757-
58, ciiap. ■'5, § 7; 1757-58, chap. 4, § 3;
1757-58, chap. 30, § 2J .

Chapter 3. An act for erecting the plantation
called New Marllion-ngh, in the
county of Hampshire, into a district
by the name of New Marlborotigh .
An act in addition to an act intituled
"An act for erecting the township of
New Salem, so called, in the county
of Hamp.shire, into a district " [1753-
64, chap. 2]

Chapter 4.

Dnte
of I'aiwage.

Dliallowed
by I'rlvy
Council.

1759.

Apr. 24,

June 15,

Jnne 16,
June 15,

June 16,

Expired or bad Its
effecL

Apr. 17, 1704.

Mar. 31,170a

1086

Public Acts.
List of the Public Acts — Continued.

Disallowed
by rrivy
Council.

Expired or had its
effect.

265

266

2G7

2C8

270

275
276

278

279

280

1759-60.— Second Session.

Chapter 5. An act for erecting tlie new plantation
called Narrat:jansett Number Two,
in the C(3unty of Worcester, into a
district by the name of Westminster
[1737-58, chap. 2; 1758-59, chap. 1;
1759-(30, chap. 2]

Chapter 6. An act for erecting the east wing of
Kiitland, so called, in the county of
Worcester, — and sundry farms con-
tiguous thereto, lying between Lan-
caster and Narraganset[<], Number
Two, — into a sep[e J [n]rate district by
the name of Princetown

Chapter 7. An act for incorporating the inhabit-
ants of a tract of land called Ne-
guasset, in the county of York, into
a district by Ihejiauie of Woolwich,

Chapter 8. An act for supplying the treasury with
the sum of one hundred and forty-
four thousand and five hundred
pounds, to be thence issued for dis-
charging the publick debts, and
drawing the same into the treasury
again

Chapter 9. An act to supply the treasury with the
sum of forty-one thousand five hun-
dred and forty i^ounds [1758-59, chap.
28, § 3: 1758-59, chap. 32, § 5] .

Chapter 10. An act for raising a sum of money by a
lottery or lotteries, for repairing the
causeway on the westerly side of
Sudbury" River, and for building a
bridge over said ri\er ....

Chapter 11. An act providing for the reception
andaccom[?)i]o(iatiou of his majesty's
forces within this province

Chapter 12. An act for the relief of poor prisoners
for debt [1741^2, chap. 0; 1692-3,
cha^i. 18, § 9]

Chapter 13. An act for reviving sundry laws that
are expired [1742-43, chap. 17; 1745-
46, chap. Ki; 1746-47, chap. 6; 1753-54,
chap. 43; 1755-56, chap. 39; 1755-56,
chaji. 4.')]

Chapter 14. An act to revive an act intitled " An
act 7nahing provision for the tjuar-
teringand billeting recruiting ofhcers
and recruits in his majesty's regular
forces emi)loyed for the jirotection
and defence of his nuijesty's domin-
ions in North America" [1758-59,
chap. 15] .

1759-60.— TmRD Session.

Chapter 15. An act in further addition to the act
for limitatioji of actions, and for
avoiding suits in law where the mat-
ter is of long standing [17.")7-n8, cliap.
9; 1740-41, chap. 4; 1755-5(i, chap. 22;
1748-49, chap. 17] . . . . ' .

1759.

Oct. 20,

Oct. 20,
Oct. 20,

Oct. 20,
Oct. 17,

Oct. 20,
Oct. 20,
Oct, • 20,

Oct. 20,

1760.

Jan.

16.

Mar. 31,1760.

Apr. 1, 1763.

June 1, 1700.

Mar. 31, 1763.

Public Acts.
List of the Public ^^Ic^s— Continued.

1087

281

281
283
284

284

285
286

287

288

291

298
305

318
320

1759-60.— Third Session.— Coh.

Chapter 16. An act for applying tlio sum of t\v(Mif y-
scvou tli(ius:iiul livo Imiidrcil and
seventy-four iiouikI-s ten shillinf;;*,
lawful money, remitted to tlic prov-
ince by Mr.'A}j;ent Ilnllan, to tlie
payment of tlie otlieers and soldiers
intlie late expedition against Canada
[175!)-(iO, chap. 8]

Chapter 17. An act impowering the province treas-
urer to borrow tlie sum of sixty
thonsand pounds ....'.

Chapter 18. An act to prevent soldiers and sc^amcn
in liis majesty's service from lieiiii;
arrested for debt [17.'>S-.")!i, clia|>. 1.'.")],

Chapter 19. An act in addition to the several acts
against desertions and for the |)un-
isbment of deserters [1744-4.">, chap.
11; 174(5-47, chap. 2:5; 1756-57, chap.
36; 1758-5!l. chap. 2] . . . .

Chapter 20. An act to enable the widows of such
non-commission oflicers and soldiers
as served, in the pay of this prov-
ince, under tlie general and coin-
mander-in-cliicf of liis majesty's
forces in North America, in the year
1759, and are since deceased, intes-
tate, to receive the wages due to such
oflScers or soldiers, without admini.s-
tration upon their estates [17.").S-5'.i,
chap. 24]

Chapter 21. An act relating to ferries

Chapter 22. An act for incorporating certain lands
lying west of ShelHeld into a separate
district by the name of Egrcniont

Chapter 23. An act for erecting the new plantation
called Frankfort, lying upon the east
side of the river Kcnncljcck, in the
count}' of York, into a township by
the name of Pownalborough

Chapter 24. An act in furflier a(Klition to an act
intit[!/]led "An act for the .settle-
ment and support of ministers and
schoolmasters" [Ki'.i'J-O-'t, chap. 2(i] .

Chapter 25. An act for raising a sum of money by-
lottery, for drawing in such of the
notes or bills of the late Land-Bank
or Manufactory Company, as are yet
outstanding [1758-5'.>, chap. 20] .

Chapter 26. An act for establishing and regulating
the fees of the several officers, within
this jirovince, hereafter mentioned
[1756-57, cha|i. :m>] ....

Chapter 27. An act for granting unto his majesty
several rates aiul duties of impost
and tunnage of sliipi'ing

Chapter 28. An act for granting unto his majesty
an excise upon spirits distilled, and
wiue, and upon limes, lemmons and
oranges

FouKTu Session.

Chapter 29. An act for the better regulatinR the
choice of petit jurors Il7r.6-.''i7, <hap.
13, § 10] . . . . • • -• •

Chapter 30. An act for the prevent ion of danger anrl
inconvenience in rebuilding that part
of the town of Boston that waslatelv
consumed bv fire [Hi'.ni-'.Ct, chap. 13J.

Diilc
of ramngo.

Dlmllowcil
l>y I'rivy
Council.

£x|iirp<l orhnd Its
effect.

1760.

Jan.

25,

Feb.

13,

Feb.

13,

Jan. 11, 1763.

Feb.

13,

Jan. 11, 1703.

Feb.
Feb.

13,
13,

May 1, 17(J5.

Feb.

13,

Feb.

13,

Feb.

13,

Feb.

13,

•

Sept. 1, 1761.

Feb.

13,

Juno 25, 17r>5.

Feb.

13,

Mar. 26, 1761,

Feb.

13,

Mar. 20, 17C2L

Mar.

29,

Mar. 31,1767.

Mar.

29,

1088

Public Acts.
List of the Public Acts — Continued.

TITLES.

Bate
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

321
322

323

324

326

327

329

333

334

335

307

367

1759-60. — Fourth Session— Con.

Chapter 31. An act for further regulating the par-
tition of real estates [1692-3, chap. 14,
§ 1 ; 1742-43, chap. 24 ; 1 748-49, chap. 12],

Chapter 32. An act to enable the town of Wey-
mouth to regulate and order the
taking and disposing of the fish
called sliadd and alewive[s], within
the limits of that town

Chapter 33. An act to prevent damage heing done
on the meadows lying in the town-
ship of Yarmouth, called Nobscussett
meadow [1749-50, chap. 15; 1754-65,
chap. 29]

Chapter 34. An act for reviving and continuing
sundry laws, that are expired and
near expiring [1738-39, chap. 25 ; 1740-
41, chap. 20; 1741-42, chap. 14; 1742-
43, chap. Ki; 1742-43, chap. 20; 1742-

43, chap. 27; 1742-43, chap. 19; 1743-

44, chap. 23; 1740-47, chap. 10; 1740-
47, chap. 11; 1740-47, chap. 17; 1740-
47, chap. 18; 1748-49, chap. 13; 1751-
52, chap. 19; 1750-57, chap. 32] .

Fifth Session.

Chapter 35. An act in addition to an act, intituled
" An act for raising the sum of twelve
hundred pounds hy lottery, for build-
ing and maintainiug a bridge over
tlie River Parker, in the town of New-
bury, at the place called Oldtown
Ferry " [1750-51, chap. 14] .

Chapter 36. An act for raisiug a sum of money by
lottery, for removing the rocks and
shoals in Tauuton Great River, and
thereby to render the navigation in
said river more easy and less haz-
ardous

Chapter 37. An act for raising a sum of money, by
a lottery or lotteries, for the paviug
and repairing the highway in Charles-
town, leading from the ferry to the
neck, so called

Chapter 38. An act to prevent damage being done
on a beach at Monument Ponds, in
the townshij) of Plymouth, lying be-
tween^tlio lands of the late Thomas
Clark and Joseph Bartlot, de<"eased,
and on a ccirtaiu tract of marshy
ground lying under water there

Chapter 39. An act for erecting the westerly part
of the town ot Brimtield, in the
county of Hampshire, into a district
by the name of Monson

Chapter 40. An act to suiiply the treasury with
four thousand live hundred pounds,

1760-61.— FiKST Session.

Chapter 1. An act for granting tlie sum of three
hundred jiounds for the aupjiort of
jiis honour tlie lioutenunt-govemor
and commander-in-chief

Chapter 2. An act in addition to an act intituled
" An act for the better rcgulatingthe
choice of petit jurors" [1759-<)0,chap.
29]

1760.

Mar. 29,

Apr. 28,

Apr. 24,

Apr, 24,

Apr. 28,

Apr. 28,
Apr. 28,

June 20,
.Tune 12,

Mar. 29, 1765.

Mar. 31, 1770.

Mar. 29, 1770.

Apr. 1, 1762.

May 10, 1767.

Mar. 31, 1767.

Public Acts.
List of the Public Acts — Continued.

lOHi;

368

369

370

372
375

378

380

381

1760-61.— First Session— Coh.

Chapter 3. An act to iinpow or William Bollaii and
John Pownall. Esciuircs, to receive
sucli sinus of iiiniiey as liavc been
assigned to the jinivinceof the Massa-
chusetts Hay.oiitof fheprant made by
the parliament of (Jreat Hritaiu, for
the expences incurred by tlie respec-
tive provinces in North America, in
the levying cloathing aiui pay of the
troops raised in the year one ihou-
sand seven hundred and lifty-eiglit,

Chapter 4. An act to authorize and iiiipower
Benjamin Pratt, .lohn \Vorthiiigton,
and Joseph Hawlej', Esqrs., to trans-
act certain affairs of tiiis jirovince,
respecting the unappropriated lands
in the western part thereof [1701-02,
chap. 11]

Chapter 5. An act for reviving and continuing
sundry laws that arc expired and
near expiring [1744-15, chap. 2.");
1744^.5, chap. 26; 1745-10, chap. 7;
1748-40, chap. 13; 1740-.50, chap. 22;
1749-50, chap. 2:5; 174'.>-50, chap. 24;
1751-52. chap. 17; 174<.>-50, chap. 3;
1756-57, chap. 5]

Chapter 6. An act [to] [for] supply[(;!.7] the treas-
ury with the sum of seventy thousand
two hundred and fourteen pounds
[1758-.5i», chap 4, §7; 17.^»-.5<t, chap.
28, § 3; 1758-5'.», chap. .32, § 5; 175y-(iO,
chap. 8, § 4; 17oi»-liO, chap. 16] .

Chapter 7. An act for erecting and establishing
two new counties in the easterly
part of the county of York

Chapter 8. An act for supplying the treasury with
the sum of one hundred and eight
thousand pounds, to be thence issued
for discharging the publick debts,
and drawing tlie same into the treas-
ury again [1757-58, chap. 18]

Chapter 9. An act for the better rebuilding that
part of the town of Boston which w;w
laid waste by the late fire, ami for pre-
venting firein thattown forthefuture
[1760-61, chap. .32; 16!t2-'.».!, chap. 13],

Chapter 10. An act impowering William Bollan,
E-:q., and, in ca.se he is prevented by
sickness or death, Barlow Treco-
thick. Esq , to receive the sum which
is or shall be assigned to the prov-
ince of the Massachusetts Bay, out
of the sum of two hundred thousand
pounds sterling, granted by the par-
liament of Great Britain for the ex-
pence incurred by tlie respective
f»rovinces iu North America, in the
evying. cloathing and i)ay of the
troops raised by the .same, in the
year of our I..ord one thousand .seven
hundred and lifty-nine

Chapter 11. An act for apportioning and as-sessine
the suni of ninety-four thousand
eight hundred and sevent v-.seven
pounds eleven shillings; also for
apportioning and aivse.ssing a tax of
sixty-nine pounds, for lines laid upon
towns that have not sent any persons

Dntc
of I'aaiiage.

1760.

June 20,

Juno 20,

June 20,

June
June

June 20,

DlMllowetl
by I'rlvy
Council.

Ezplml or linil III
effect

June 20, nCkl.

Aug. 3, 1770.

1090

Public Acts.
List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had Its
effect.

^98

400

401
401

403

404

407

414

1760-61.— First Session— Con.

to represent them in the general
court the present year; also for ap-
portioning and assessing a tax of
two thousand three liundred and
seventy-nine pounds four shillings,
paid the representatives for their
travel, service and attendance in the
general court in the year one thou-
sand seven liundred and fifty-nine;
also for assessing a tax of nineteen
pounds eighteen shillings upon the
town of Falmouth and district of
Harpswell, in the county of York, to
be levietl upon the people called
Quakers, in lieu of furnishing their
respective quotas of men for the
military service in the year one thou-
sand seven hundred and fifty-eight
[1758-59, chap. 4, § 7; 1758-59', chap.
28, § o\ 1758-59, chap. o2, § 5; 1759-60,
chap. 8, § 4; 175'.MiO, cliap. 10] .

Chapter 12. An act to continue the loan of three
thousand five hundred pounds to the
town of Boston [1757-58, chap. 4, §§5
and ()]

Chapter 13. An act for the more easy division and
distribution of intestate estates

Second Session.

Chapter 14. An act for granting the sum of thir-
teen hundred i)ouuds, for the support
of his luajesty's governor .

Chapter 15. An act for raising a further sum of
money, by a lottery or lotteries, for
compleating the pavement of the
highway, in Koxljnry (from Boston
line to tlie foot of the Mecting-liouse
Hill), leading towards Dedham [1758-
59, chap. 39]

TmBD Session.

Chapter 16. An act for finishing such commissions
as have liccn lu^gun to be acted upon,
,aiul have not been finished, dur-
ing the continuance in forc(» of the
act providing remedy for bank-
rupts and their creditors [1757-58,
chap. 12]

Chapter 17. An act for allowing necessary supplies
to the eastern Indians, and for regu-
lating trade with them and ju'event-
ing abuses therein [1752-5:>, chap. 14],

Chapter 18. An act for gra.nting unto his majesty
several ratios and duties of impost
and tunnago of shipi>ing

Chapter 19. An act to prevent damage b(>ing done
on the meadows and beaches lying
in and adjoining on the north aitle of
the town (if Harwich, between Skeket
harbour, on the (fast, and Quivet har-
bour, on the west [1749-50, diap. 26],

1760.

June 20,

June 20,
June 20,

Aug. 15,

Dec. 24,

1761.
Jan. 30,

Jan. 31,

Mar. 31, 1761.

Mar. 31, 1764.
July 20, 1762.

Jan. 31, 1764.
Mar. 26, 1762.

Jan. 31, 1771.

PrBLic Acts.
List of the Public -l-Ic^s— Continued.

1091

415

410

420

421
422

424

425
427
427

428

429

TITLES.

1760-61.— Third Session— Con.

Chapter 20. An act for repeal inp tlio several laws
now in force, wliidi n'late t(» tlic oIh
servation of the Lord's I>ay, ami for
making more eiTectual provision for
the due observation tliereof [KiiCJ-'.i.i,
chap. 22; Ki'.Hi.chai). ;>; Ki'.Ki-m, chap.
20, § 5; l(i98, cliap. 10, § 4; 1711-12,
chap, (j; 171()-17, eliap. l.t; 1727-28,
chap. 5; 1741-12, cliaj). 7] .

Chapter 21. An act for revivinjj and continninj;
sundry laws that are ex]iired and
nearexi)iriiit; [1740-41, chap. I'.i; 1711-
42, chap. 1; 1742-4;{, chai>. IS; 174(;-
47, chap. 28; 1747-4S, cliap. ;i; 174K-

49, chap. 14; 174.S-l!i, clia[). 18; 1749-
60, chap. 7; 1749-50, cliap. 12; 1749-

50, chap. 1.!; 1754-55, chap. 2i>; 1757-
58, chap. 10; 1757-58, chap. 11; 1757-
58, chap. 20]

Chapter 22. An act for raising a further sum of
money, by a lottery or lotteries, to
compleat the repairinji the causeway
on the westerly side of Sudbury
River, and forbuildinfx a bridge over
said river [1759-00, chap. 10]

Chapter 23. An act for suiiplyiufi the treasury with
the sum of thirty tliousand pounds .

Chapter 24. An act for encpiiring into the rateable
estates of this province [1750-57,
chap. 40]

FouRTu Session.

Chapter 25. An act in addition to an act made and
passed in the thirty-third year of his
late majesty King George the Second,
intit["]letl "An act for erecting aiul
establishing two n(?w comities in the
easterly i)art of the county of York "
[17G0-tii, chap. 7, § 7] .

Chapter 26. An act for raising a sum of money by
lottery, for repairing Fan[eu][((e]il
Hall in Boston

Chapter 27. An act to supply the treasury with the
sum of forty thousand and five hun-
dred pounds

Chapter 28. An act in addition to an act made and
passed this present year, intituled
" An act to prevent damage being
done on the meadows and beaches
lying in and adjoining to the north
side of the town of Harwich, be-
tween Skeket harbour, on the east,
and Quivct harbour, on tlie west"
[17(KMil,chap. 19] . . . .

Chapter 20. An act in addition to, and for amen<l-
ing some clauses in, an act maile and
passed in the la.st session of thi.s
court, intituled "An act for repeal-
ing the several laws in force, which
relate to the observation of the Lord's
Dav, and for making more effectual
proVisio"»i for the observation there-
of" [17<W-<>1. (1^^1.20, § 1.!)

Chapter 30. An act in addition to an act made and
passed in the last session of this
court, intif[((]le'l " ■'^" ^^^ for enquir-
ing int<} the rateable estates of this
province " [17(iO-«l, chap. 24] .

Date
of I'aMiage.

1761.

Jan. 31,

Jan. 31,
Jan. 31,

Jan. 31.

Apr. 14,
Apr. 18,
Apr. 18,

Apr. 18,

I)lmllow(^d
by I'rtvy
CoancU.

Expired or lin<l lu
eOeot.

Jan. .TO, 1771

June 1, 1701.

May 1, 17IV4.

May 20. 17G1.

1092

Public Acts.
List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

430

431

432

434

435

1760-61. — FotTRTH Session — Con.

Chapter 31. An act to prevent the destruction of
sheep, by hunting with umuly dogs,
in the towns of Plymouth and Sand-
wich

Chapter 32. An act in addition to an act made and
passed in tlie tliirty-tliird year of the
reign of liis majesty King George
tlie Second, intituled " An act for
the better regulating that part of the
town of Boston which was laid waste
by the late fire, and for preventing
fire in that town for the future" [1760-
61, chap. <i, § 1]

Chapter 33. An act for dividing the county of
Ham]ishire, and ifor erecting and
establishing a new county in the
westerly part of the county of Hamp-
shire, to be called the county of Berk-
shire, and for establishing courts of
justice within the same

Chapter 34. An act for erecting the new plantation
called Pontoosuck, in the county of
Hampshire, into a town by the name
of Pittslield

Chapter 35. An act for preventing the stealing and
clandestinely conveying sheep away
from the island of Martha's Vine-
yard in Dukes County

457

457
458

460

462

463

464
464

1761-62.— First Session.

Chapter 1. An act for granting the sum of thir-
teen hundred pounds, for the sup-
port of his majesty's governor .

Chapter 3. An act to prevent soldiers and seamen
in his majesty's service from being
arrested for debt [1759-60, chap. 18],

Chapter 3. An act to imjiowtu- the province treas-
urer to draw bills of exchange upon
the agent of the province, in Great
Britain

Chapter 4. An act for supplying the treasury with
the sum of forty-nine thdusand one
hundred ]iounds, to be thence issued
for discliarging the publick debts,
and drawing the same into the treas-
ury again

Chapter 5. An act establishing a watch for the
safety and better securing the good
or(l(T of tlio town of Boston [lliSH)-
1700, chap. 10; 1712-13, cha).. 4] .

Chapter 6, An act to invest the cotninitiee of the
8(!cond jirccinct in Pwchoboth with
corporate ]ic)W(M's for certain pur-
jioses tlierein mcvitiontsd

Chapter 7. An a(!t for incorporating the planta-
ti(jn cuUcil Cold Soring, into a town
by tins niiuH! of I'.elchcr's Town

Chapter 8. An' act for en-iting tlie plantation
called Uoadtowu, in the county of
Hanipsliir(!, into a town by the name
of Shutesbury, and causing the de-
linquent 8et[(]lerH to fulfil the con-
ditiona of their grant . . . .

1761.

Apr. 21,

June 15, 1762.

Apr. 21,

June 10, 1762.

June 5,

June 6,

June 17,

June 22,

June 30,

Juno 30,

June 30,

Jan. 11, 1763.

July 1, 1764.

Public Acts.

List of the Public Acts — Continuod.

loyji

Date
of I'ojituign.

DImllowMl
by I'rtvy
CoundL

Expliwl or luitl lU
eSccL

465

466

467

468
468

469

469
471

472

486

487

1761-62,— First Session— Cc».

Chapter 9. An act for erecting the nortli parisli,
or precinct, in tlie town of Slieflield,
into a 8ei)arate town by [liy] tlio
name of Great Barrinfjiun [I7:i.'>-;i4,
chap. 1; 17G0-(;i, cliap. S.i, §§ 1,8, an.l
2]

Chapter 10. An act for incorporatinR tlie j>lantati<in
called Colrain, into a town liy tlie
narao of Colrain

Chapter 11. An act to prevent the unnecessary
destruction of the lish called ale-
wives, ill the town of Hin;;liam, in
the county of Suffolk, and to ena-
ble the said town to regulate and
order the taking and disposing tlie
same [17;5r)-;)(!, chap. 21 ; 1741-4'_', chai).
Ifi; 1754-5.">, chap. 31 ; 17o7-58, chap. 37 ;
172(5-27, chaii. 3]

Chapter 12. An act for the better regulating dis-
tricts within this province .

Chapter 13. An act making special provision for
the settlement and supi>ort of the
gospel ministry in the town of Sud-
bury

Chapter 14. An act further impowering the courts
of general sessions of the peace, in
this province, to grant licences in
certain cases, and thereby to prevent
unnecessary ]ietitions to the general
court [1755 -5(i, chap. 3'J; 17511-00,
chap. 13]

Chapter 15. An act to supply the treasury with the
sum of thirty-nine thousand pounds,

Chapter 16. An act providing for the levying and
collecting of taxes in plantations
that are not incorporated .

Chapter 17. An act for apportioning and assessing
the sum of seventy-five thousand
pounds; also for apfwrtioniiig and
assessing a tax of two thousand two
hundred and thirty-live pounds two
shillings, paid the representatives for
their service, travel and attendance
in the general court, in the year one
thousand seven humlred and sixty;
also for assessing the town of Hut-
land forthesum of thirry-one pounds
one shilling and seveupeiice, being
so much ordered by the general court,
in their sessions in .January last, to
be added to the tax of tlie town of
Bntland, the present year, over and
above their proiwrtion of what is
laid on said year [175.S-5!t, chap. 4,
§ 7; 1758-5'.>, chap. 2.S, § 1; 17tiO-«il,
chap. G, §2; 17(31-^2, chap. 3] .

Second Session.

Chapter 18. An act for erecting Ware-River Par-
ish, so called, in tlie county of ilamp-
shire, into a district by the name of
Ware • •

Chapter 19. An act for exchanging of meadow and
meadowish ground belonging to tlie
first precinct in Marshlield, in tlio
county of Plvmoutli, with N.iflian-
ii[f(]e"l Kav Thomas, of said Marsli-
leld. gentleman, for salt meadow .

Sit

1761.

June
June

30,
30,

July
July

July

July
July

July 11,

Nov.

Nov. 28,

Nov. 3, 1704

July 10, 17f.5.

Aug. 1. 17tW.

Mar. 31, lT«r.*

1094

Public Acts.
List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by I'rivy
Council.

Expired or had itii
effect.

488

490

491
493

506
513

513
515

51G

618
619

1761-62.— Second Sessiox— Con.

Chapter 20. An act to annul [1] a division hereto-
fore mafle hy the proprietors of com-
mon and undivided lands in a place,
called Phillipstown, in the county of
York

Chapter 21. An act in addition to an act, made and
pass[e]'d in the tenth year of Queen
Anne, intit['/]led "An act for sup-
pressing robberies and assaults"
[1711-12, chap. 2, § 2] .

TiiiKD Session.

Chapter 22. An act in addition to an act, intituled
" An act for supplying the treasury
with the sum of forty-nine tliousand
one hundred pounds, to be thence
issued for the discharging the pub-
lick debts, and drawing the same
into the treasury again," and to one
other act, intituled " An act to sup-
ply the treasury with the sum of
thirty-nine thousand pounds " [1761-
62, chap. 4; 1761-62, chap. 15; 1749-
50, chap. 19]

Chapter 23. An act to supply the treasury with the
sum of twenty-five thousand pounds
[1749-50, chap. 19] ....

Chapter 24. An act for granting unto his majesty
an excise upon sjiirits distilled, and
wine, and upon limes, lemmons and
oranges

Chapter 25. An act for granting unto his majesty
several rates and duties of impost
and tunnagc of shipping .

Chapter 26. An act to jirevent damage by fire in
the towns of Salem, INIarblehead, and
other maritime towns in the prov-
ince

Chapter 27. An act for the effectual preventing the
currency of the bills of credit of
Connecticut, New Hampshire and
Rhode Island, within this province
[175(i-.")7, chap.;:4] . . . .

Chapter 28. An act in addition to an act made and
))assed in the twenty-third year of
liis late majesty George the Second,
intituled " An" act for ascertaining
the rates at wliich cdined silver and
gold, and Englisli halfpence and
farthings, may pass within this gov-
ernment" [1749-.'j(), chap. 19]

Chapter 29. An act for tlie belter securing the
posses.sors of t he province i nuisurer's
notes, by (Mi.abling t Ik^ i)rovince treas-
urer to give iK!W receipts <ir obliga-
tions in lieu of such nolcs as are now
extant [1749-50, chai). 1"] •

Chapter 30. An act to invest the (U)nniiittce of the
first ju'eciiu't in Rehobolh, with cor-
l)oral(! powers for certain purposes
therein mentioned . . . .

Chapter 31. An act to prevent damage being done
on the meadows and bcachiss lying
in and adjoining on the north-east
part of the town of Vaniiouth, be-
tween (Jniv[('][/Jt harlxmr, oti the
east, and Sesuit liarbour, on the west
[1749-50, chap. 15] ... .

1761.

Nov. 28,

1762.

Jan. 31,

Jan. 29,

Jan. 30,

Feb. 8,

Feb. 10,

Feb. 11,

Mar. 26, 1765.

Mar. 25, 1763.

Mar. 29, 1770.

Mar. 31, 1767.

July 31,1762.

Mar. 1, 1772.

Public Acts.
List of the Public Acts — Continued.

1095

Date
of ramage.

Dtiullowcd
liy rnvy
Council.

Expired or hod Ita
effecu

520
523

524

625
626

526

527
528
629

1761-62.— TuiKu Session— Con.

630

531

632

Chapter 32.
Chapter 33.

Chapter 34.

Chapter 35.

Chapter 36.
Chapter 37.

Chapter 38.

Chapter 39.
Chapter 40.
Chapter 41.

Chapter 42.
Chapter 43.
Chapter 44.

An act to incorporate certain persons
by the name of the Society for Propa-
gating Christian Knowledge among
the Indians of North America .

An act for altering the place for lioUl-
ing the conrts of general sessions
of the jieace and inferio[((]r court of
common iileas heretofore by law held
at Edgartown [in] Dukes County in
October aiuiually ....

An act for altering the time for hold-
ing the con rt of general sessions of the
peace and inferio["]r court of com-
mon pleas in the county of Hamp-
shire, from the third to the lirst
Tuesday in May

An act, in addition to the several acts
or laws of this province relating to
comm<jn fields, to extend only to the
county of IIami)shire [I(;!i2-!I3, chap.
28; IG'.IS, chap. 12; 17r2-i;S, chap. <l;
1718-10, chap. 3; 1727-28, chap. 13;
1753-54, chap. 2!i]

An act for holding the court of general
sessions of the peace and the in-
ferio["]r court of common pleas, at
Biddeford, in the county of York

An act in addition to an act for alter-
ing the time for holding the courts
of general sessions of the peace and
inferio[«]r court of common pleas,
within the county of Barn.stable
[1753-54, chap. 3.S] ....

An act for erecting the society and
parish of Natick into a separate dis-
trict by the name of Natick [17G1-G2,
chap. 12]

An act for granting several bounties
upon wheat and flour ....

An act to supply the treasury with
twenty thousand pounds .

An act for reviving and continuing
sundry laws that are expired, or near
expiring [1740-41, chap. 15; 1741-42,
chap. 4; 1742-4;'., chap 4; 1742-43,
chap. 11; 1742-43, chap. 25; 1742^.3,
chap. 28; 174;M4, chap, li; 174:M4,
chap. 14; 1743-44, chap. 21; 1744-45,
chap. 27; 174()-47, chap. 27; 1747-48,
chap. 11; 17.50-51, chap. 21; 17.50-51,
chap. 22; 17.5.^54, chap. 14; 175C>-57,
chap. 28; 17.58-.5'.t, chap. 0; 17.58-5!t,
chap. 33; 1758-59, chap Hi; 1759-«0,
chap. 15; 17(J0-G1, chap. 3.-,] . .
An act for erecting the new i)lantation
called Falltown, in the county of
Hampshire, into a town by the name
of Hernardston . . • . •

An act for erecting the new plantation
called Number Three, in the county
of Berkshire, into a town by the
name of Sandisticld . . • •
An act tosubjecttlie unimproved lands
within this province to be sohl for
payment of taxes assessed on tliern
bv order of the great and general
court, and votes and ngreeinent.H of
the proprietors thereof, and to enable

1762.

Feb. 11,

Feb. 18,

Feb. 23,

Feb.

23,

Mar.

1763.
May 20,

July 1, 17fi5.

Mar.

July 1, 1708.

July 1, ITfiT

1096

Public Acts.
List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had Its
effect

533

534

536

537

538

540

671
571

572

673
573

1761-62.— Third Session— Con.

Chapter 45.

Chapter 46.

Chapter 47.

Chapter 48.

Chapter 49,

Chapter 50.

Chapter 61.

proprietors of new plantations to
levy province and county taxes laid
upon tliem [1745-4(i, cliap. '.i]

An act for incorporating tlie planta-
tion called Narraganset[/] Number
Six, in the county of Worcester, into
a town by the name of Templetown,

An act for "erecting the new plantation
called Payquage, in the county of
Worcester, into a town by the name
of Athol

An act for erecting the new plantation
called Number One, in the county of
Berkshire, into a town by the name
of Tyringham

FouBTH Session.

An act for im powering Jasper Mau-
duit, Esquire, and, in case he is pre-
vented by sickness, death, or any
other way, Richard Jackson, jun.,
Esq., to receive any sum or sums of
money that arc or may be due or
payable in Great Britain, to the prov-
ince of tlie Massachusetts Bay .

An act to explain, amend, and carry
into execution, an act made in the
lirst year of the reign of his present
majesty, intituled "An act for rais-
ing a sum of money, by lottery, for
repairing Fanueil Hall in Boston "
[17G0-(Jl, chap. 2()] . . . .

An act for supplying the treasury with
the sum of seventeeu thousand two
hundred and fifty-one pounds, by
borrowing the same [1749-50, chap.
19]

An act for altering the times of holding
the general sessions of the peace and
the inferio[«]r court [s] of common
pleas for the counties of Cumberland
and Lincoln

1762-63.— First Session.

An act for granting the sum of thir-
teen hundred jiounds, for the support
of liis majesty's governor .

An act fur erecting the west prec^inct of
Rutland, kni>wn hy tlu; nanu! of the
West \\'ingof Rutland, into adistrict
by the name of OaUliani
Chapter 3. An act for incorporating the east side
of Saco River, in tlio town of Bidde-
fdiil, inti) a s(qi[(']['(]ralo district by
the nanu3 of I'cpiicricllhorniigli

.\nait for imorixirating the new plan-
tation <'alled New Hingliam, into a
town by the name of Chcsicrl'udd

An act for ren(l[c]ring more cflectual
tlu! laws already made vtdaling to
shingles, and for regulating the a.s-
si/.e of staves, hoops and clapboards
[1750-51, chap. 10] . . . .

Chapter 1.
Chapter 2.

Chapter 4.
Chapter 5.

1762.

Mar. 6,

Apr. 1, 1765,

Apr. 24,

May 31,

June 7,

Juno 9,

June 11,

Mar. 25, 1760.

Public Acts.

1097

List of the Public Acts — Continued.

Dnto
of raMuigo.

DUiallownl
by Privy
Council.

Kxplrvd or luul Ita
effect.

1762-63— FiKST Session— Con.

57(i Chapter G.

577
577

578

581
582

583

Chapter 7.
Chapter 8.

Chapter 9.

Chapter 10.
Chapter 11.

Chapter 12.

599

600

Chapter 13.

Chapter 14.

An act for leuRtlieniiiK out tlie time for
tlioiiaymeiit of interest on tlic treas-
urer's notes [17(J1-()L', eliap. 21>, § (>] .

An act for setting up a fair in the town
of llardwickc in the county of
Worcester

An act for incorporating tlio planta-
tion called New Marlilehead, in the
county of Cuniberlmid, into a town
by the name of \\'indliain .

An act for supnlyiii;^ the treasury with
the sum of tliirty-tivo thousand and
seven hundred pounds, to l)e thence
issued for discharging the public
debts, and drawing the same into
the treasury again [174'.>-50, cliap. I'.t].

An act to inipower the province treas-
urer to draw bills of exchange upon
the agent of the province in Great
Britain

An act to revive and carry into execu-
tion an act, made in the thirty-third
year of the reign of his late majesty
George the Second, intii[(/]led "An
act for raising a sum of money by
lottery, for drawing in such of the
notes or bills of the late Land-Uauk
or ^Manufactory Company, as are yet
outstanding " [ITHiMIO, chap. 25]

An act for ajiportioning and assessing
the sum of seventj--tivo thousand
pounds; also for apportioning and
assessing a tax of three thousand
two hundred and sixty-four pounds
fifteen shillings, paid the representa-
tives for their travel, service and
attendance in the general court in
the year one thousand seven hun-
dred and sixty-one; also for appor-
tioning and assessing a tax ot one
hundred and tiftj-oue ix)unds thir-
teen shillings, for fines laid upon
towns that have not sent any persons
to represent them in the general
court the present year; and also for
assessing the town of I'rincetown,
for the sum of ihirty-one pounds one
shilling and sevcniience being so
much ordered by the general court
to be added to their tax the present
year, over and above their |)ropor-
tionof what is laid on said town: all
which sums amount to seventy-eight
thousand four hundred and forty-
seven pounds nine shillingsand seven-
pence [175'.m;0, chap. H, § 4; ITGl-^J'J,
chap. 15, § :»; 17(il-<iJ, chap. 4, § n] .
An act in addition to the several acts
made to prevent ilaniage by lire in
the town of Uostoii lUi'.fJ-'.W. chap.
13; 1711-12, chap. 5; 174«-4'.», chap.
14; 1 751 MJO, chap. 30; 17(30-()1, chaps.
9 and 32]

Second Sessiox.

An act for incorporating a certain tract
of land in the county of Lincoln, iiito
a township by the name of IJowtloin-
ham

1762.

June
Juno

11.
12,

June 12,

Juno 12,

June 12,

Juno 12,

Oct. 31,1703.
July 1, 1709.

Dec. 1,1702.

Juno 12,

June 15,

Sept. 18,

Mar. 31,1703.

Jan. 30, 1771.

1098

Public Acts.

List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by Privy
Council.

Exinred or had its
effect.

GOl

602
604

605
.606

608
G15

616

(il7

618
619

1762-63.— Second Session— Con.

Chapter 15. An act for erecting the south part of
Brimfield, in the county of Hamp-
shire, into a di-strict by the name of
South Brimlield

Third Session.

Chapter IG. An act to supply the treasury with the
sum of forty-five thousand pounds
[1749-50, chap. 19; 17G1-G2, chap. 23],

Chapter 17. An act for erecting a new plantation
in the county of Hampshire, called
Eoxlniry-Canada. together with sun-
dry farms lying therein, also a piece of
land belonging to this province, lying
on the northerly side thereof, into
a town by the name of Warwick

Chapter 18. An act for the relief of poor iirisoners
for debt [1759-60, chap. 12; 1G92-93,
chap. 18, § 9]

Chapter 19. An act declaring and regulating the
standard of wheat imported into this
province, and for preventing abuses
by millers

Chapter 20. An act for granting unto his majesty
several rates and duties of impost
and tunnage of sliipping .

Chapter 21. An act for tlie continuation of a lot-
tery— granted and aUowed by an
act, intituled " An act in addition to
an act, intituled ' An act for raising
the sum of twelve hundred pounds,
by lottery, for building and main-
taining a bridge over the river Par-
ker, in tlie town of Newbury, at a
place called Old-town Ferry'" — for
raising a furtlier sum for that pur-
pose [1759-(iO, chap. 35]

Chapter 22. An act [c][/]mpowering the assessors
of the town<)i' Cliilmark.for tlie time
being, to apportion the province,
county and town taxes, not already
made, on the owners of such stock
(liable by law to be taxed) tliat have
been or shall be kept in said town,
or on the islands thereto belonging
[17()2-G3, chap. 12] ....

Chapter 23. An act for reviving and continuing
sundry laws that are expired, and
near expiring [1736-37, chap. 14;
1737-38, chap. K; 1737-38, chap. 9;
1740-41, chap. 23; 1741-42, chap. 5;
1742-43, chap. 17; 174.'-.-lG, chaj). K!;
1746-47, cliap. 2G; 1747-48, chap. 7;
1748-49, chaj). 9; 1748-49, chap. 12;
174i>-.'-)(l, chap, (i; 1749-50, chaj). 27;
1750-51, chap. 5; 1750-51, chap. 17;
1752-53, cliap. 13; 1752-53, chap. 18;
1752-53, cliap. 20; 1753-.54, chap. 9;
1753-54, chap. 2'.); 175.3-54, chap. 44;
17(10-(!1, cliai). 1.3]

Chapter 24. An act for tlie more safe keeping the
records of the several courts of jus-
tice in this provinco ....

Chapter 25. An act coiilirining to sundry jiersons
sundry lands by them luirclias-nl of
lh(! Indians, at. Christiantown, so
called, on the island of Martlia's
Vineyard [1701-2, chap. 11, § 1] .

1762.
Sept. 18,

1763.

Jan. 21,

Feb. 17,
Feb. 17,

Feb. 24,

Feb. 24,
Feb. 24,

Feb. 24,

Apr. 2, 1770.

July 15, 17G9.
Mar. 25, 17G4.

July 1, 1770.

Public Acts.
List of the Public Acts — Continued.

1009

620

622

622
623

639
639

639
611

642

1762-63.— Third Session— Con.

Chapter 26. An act to exempt the people called
Quakers from the penalty of the law
for non-attendance on military mus-
ters [17,')7-r)S, chap. I'd]

Chapter 27. An act in addition to the art made and
passed in the ei;^hth year of tiie reign
of her late majesty Queen Anne, in-
tit[i/]led "An act for regulating; of
drains or common shores" [170'.)-10,
chap. 5, § 3]

Chapter 28. An act in further addition to an act
for the ortlerly consummating of
marriages, made and passed in the
fourth year of the reign of their late
ma]est[y][(c]s King William and
Queen i^lary [1(;!)2-'J3, chap. 2')] .

Chapter 29. An act in addition to an act intituled
" An act against adultery and polyg-
amy " [I(i',)4-<15, chap. 5, § 1]

Chapter 30. An act to supply the treasury with the
sum of thirty-eight tliousand six
hundred and fifty pounds [1749-50,
chap. 19; 1761-62, chap. 23]

&t2

643

1763-64.— FmsT Session.

Chapter 1. An act for granting the sum of thir-
teen hundred pounds, for the support
of his n)ajest[ie][//']s governor .

Chapter 2. An act to impower David Sewall, of
York, gentleman, to collect the ex-
cise due in the county of York, on
spirituous liquors, in tlie year 17()2 .

Chapter 3. An act for incorporating ,tiie Indians
and molattoes, inhabitants of Mash-

See, with their lands there, into a
istrict, witii certain priviledges;
and for their better regulation [l(j!i;{-
94, chap. 17, § 1]

Chapter 4. An act to enable the court of general
sessions of the peace, for the county
of Barnstable, to grant licences to
innholders and retailers in that
countv, on the last Tuesday of June,
annually [10!t8, chap. 10, § 11] .

Chapter 5. An act for altering a clause in an act
made in the thirtieth year of his late
majesty King George the Second, in-
tit[i/]led " An act to prevent damages
being done unto IJillingsgate Bavin
the town of Eastham, l)y cattle and
horses feeding on the beach and
islands adjoining thereto" [175(>-57,
chap. 31]

Chapter 6. An act to enable justices ont of court
to grant licence, in certain cases, to
retail strong liquors and to keep
houses of publick entertainment;
and thereby to prevent unnece<wiry
petitions to the general court [17r»5-
6(i, chap, .j'.!] . . . . • •

Chapter 7. An act for the better regulating of the
service of executions, more especially
in tlie remote counties of the prov-
ince

I>at«
of I'naMge.

1763.

Feb. 24,

Feb. 24,
Feb. 24,

Feb. 25,

May 30,

June 16,

June 14,

June 15,

DlaaUowed
by rrtry

CODIICll.

Expired or luul lu
eSpcU

July 1,1770.

Apr.

1770.

Juno 15, 17fif.

July 1, 17G7

1100

Public Acts.

List of the Public Acts — Continued.

Date

of Tassage.

Disallowed
by Privy
CounciL

Expired or had its
effect.

G43

644

645

C61

661

662

1763-64.— First Session— Con.

Chapfier 8. An act for continuing certain clauses
in an act passed in the tliirtietb year
of liis late majesty's reign, iutituled
"An act for providing and inaiutain-
ing two armed vessels to guard tlie
coast, and for supplying the treasury
with seven thousand pounds for that
end" [1756-57, chap. 12]

Chapter 9. An act for incorporating the fourth par-
ish of Springfield, in the county of
Hampshire, into a separate town by
the name of Wilbraham

Chapter 10. An act for apportioning and assessing
a tax of fifty thousand pounds; also
for apportioning and assessing a tax
of eighteen hundred and twenty-
eight i:)ounds two>;hillings, paid the
representatives for then- travel, ser-
vice and attendance in the general
court, in the year one thousantl seven
hundred and sixty-two; also for ap-
portioning and assessing a tax of
seventy-two jiounds, for fines laid
upon towns that haA'e not sent any
persons to represent them in the gen-
eral court the present year; also for
assessing sundry towns for the sum
of uinetj'-eight pounds four shillings
and sixpence, being so much ordered
lay the general court to lie added to
their tax the jn-esent year, over and
above their jjroportion of what is laid
on said towns ; also for assessing
sundry towns in the county of Hamp-
shire tlie sum of seventy-three pounds
fifteen shillings, taken oif from Rox-
bury-Cauada, wliirli sum was laid on
them in the tax aits for the two last
years: all which sums amount to
fifty-two thousand and seventy-two

fiounds one sliiiling and sixpence
175'M)0, chap. 17, § 2; 175'.MiO, chap.
40, ^ 2; 17(;0-(;i, chap. 8, § 4; 1762-63,
cha'p li, § 4]

Chapter 11. An act in addition to the acts already
mad(! for the more speedy extin-
guishment of fire, and preserving
goods endangered bv it. [1741-45,
chap. .SO, §§ 1, 2; 1752-53, chaj). 2] .

Chapter 12. An act for recording suih |)ai)ers,
proi)erto bo recorded, that have been
exhibited to, and received by, the
8U])(!rior court of judicature, court of
assizt! and general goal delivery, or
by the several judges of probati^ of
wills, and granting letters of adinin-
istration[.sJ, or by tlie resjiiH'tive
courts of general .sessions of the
peace, and inferior courts of <'omm()n
])leas; and for rcu-ording all judg-
ments or decrees of saiil com-t or
courts, where the clerk or clerks,
register or registers, of said court or
courts, arc decejvsed, leaving tlie
same not recorded . . . .

Chapter l-'V An act to [(^][/]Mlpower th(^ jirovince
treasurer to draw bills of exchangti
ujjon the agent of tlic! jiroviixM^ in
(Jreat Britain

1763.

June 15,
June 15,

Nov. 1, 1765.

June 15,

Juno 15,

Mar. 31, 1764.

June 15,

.Tune 15,

Punuc Acts.
List of the Public Acts — ContiniU'(l.

HOI

TITLES.

661

664
665

668

669
676
678

679

680

681

682

1763-64.— First Session— Con.

Chapter 14.

Chapter 15.

Chapter 16.

Chapter 17.
Chapter 18.

Chapter 19.
Chapter 20.
Chapter 21.

Chapter 22.

Chapter 23.
Chapter 24.

Chapter 25.
Chapter 26.

All act to cnahlo the |>roprii'tora and
inhabitants of tlio town of Tyring-
ham, in X\w conniy of Ucrl^slilri', to
raise and rolloct nionifs for defrey-
iug jiast and futuio cliarj^o.s, npon'
and from ilic pruprietors of lands ly-
ing in tlio same? town . . . .

An act to incorporate the north pre-
cinct in Eastliani into a district by
the name of Wolltlcet

An act for.snpplyin;^ tlic treasury witli
tlie sum ot tiiirty-six tlionsand six
hundred and tliirty-llvo pounds, to
be thence issued for discliarj^in.L: tlie
public debts, and drawinc; the same
into the t reasury again [1749-50, chap.
19; 17G1-()1', chap. 23] .

Second Session.

An act to prevent, if possible, the fur-
ther spreading of t lie sinall-pox in the
town of Boston [1742-4:), cliaji. 17] .

An act to enable tlie collectors of taxes
in the town of Boston to sue for and
recover the rates and taxes given
them to collect, in certain cases

An act for granting unto his majesty
several rates and duties of impost
and tunnage of shipiiing .

An act for erecting part of the town of
Newl)ury into a new town by the
name of Newliuryport

An act for holding the superior court
of judicature, court of assize and
general goal delivery, at Cambridge,
in the county of ^liddle.sex. on tlie
third Tuesday of April, this present
year, instead of Charlestown, in the
said county, on the last Tuesday of
January in the same year [1742-43,
chap. ."2, § '_']

An act in further addition to the acts
or laws of this province, relating to
common fields, to extend only to the
county of Hampshire [It;!r2-;i3. chap.
28. § 3; Ifi'.tH. ehap. 12, § 5; 1712-13,
chap i>; 175:!-54, chap. 1] .

An act for supply of the treasury
with fourteen thousand pound.s, and
applying the same for the discharge
of the public debts . . . .

An act to enal)le the nroprietors of the
plantation called \okura Town ami
Slouiit Epliraim, in the county of
Berkshire, to grant taxes on their
land, and bring forward thesettl*}-
ment of saitl plantation . .

An act for reviving and confinning
sundi-y laws that are expired and
near expiring [17rj8-5'.i, chap. 18;
17j8-.''/», < hap. 37; 17<rf)-4!l, chap. 28;
17<;i-r.2, chap. 5]

An act for erecting a town in the
county of Lincoln, by the name of
Topsliam

Dnto
of I'amage.

DImUIowihI
by I'rlvy
Council.

Kxplrcd or Ikiil lU
ellt'Ct.

1763.

June 15,

June 1(>,

June Ifl,

1764.

Jan. 20,

Jan. 28,

Jan. 27,

Jan. 28,

Jan. 31,

Jon. 31,

Mar. 2n, 17(U.

Feb. 1, 17(^1.
Mar. 2.-., 17C.5.

Feb. 1,17<?»

July 1, 1770

1102

Public Acts.

List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
eflect.

G82
683

685

68G

688

1763-64.— Second Session— Con.

Cnapter 27. An act for reviving two laws that are
expired [1754-55, chap. 31; 1757-68,
cliap. 37]

Chapter 28, An act for the preservation and in-
crease of moose and deer witliiu this
province [l(i'.l3-<)4, chap. 19; l()i)8,
chap. 21; 1717-18, chap. 12; 1739-40,
chap. 3; 1744-45, chap. 14; 1751-52,
chap. 7 ; 1754-55, chap. 7] . . .
Chapter 29. An act for continuing all trials by jury,
civil and criminal, from the superior
court of judicature, court of assize
and general goal delivery, for the
county of Suffolk, to be held the
third Tuesday of February, the pres-
ent year, to the superior court, &c.,
for the said county, to be held the
third Tuesday in August, next .

Chapter 30. Au act for setting off the inhabitants,
as also the estates, of the westerly
part of Lunenburg, into a separate
town, by the name of Fitchburg

Chapter 31. An act in addition to, and for render-
ing more effectual, the several acts
of this province for regulating the
buildings in the town of Boston, and

fireventing fire in the said town
1692-93, chap. 13, V-'; 1699-1700, chap.
24; 1711-12, chap.5; 1748-49, chap. 14;
1752-53, chaps. 3 and 17; 1759-60,
chap. 30; 17tiO-61, chaps. 9 and 32;

1762-63, chap. 13]

Chapter 32. An act for continuing and amending
an act made in the first year of his
present majesty, intitled " Au act for
allowing necessary supplies to the
eastern Indians, and for regulating
the trade with them, and preventing
abuses therein" [1760-61, chap. 17] .

705
705

706

1764-65.— First Session.

Chapter 1. An act for granting the sum of thirteen
lunidred pounds, for the support of
his majesty's governor

Chapter 2. An act in addition to, and explanation
of, the sev(!ral acts of this province,
providing for the support and main-
tenance of tlie jioor [l()92-93, chap.
28; 1742-43, cliaiL 18] . . . .

Chapter 3. An act for apportioning and assessing
a tax of fifty thousand jjounds; also,
for api)ortiouing and assessing a tax
of eighteen hundred and forty-nine
pounds two shillings and sixpence,
paid the rei)resentatives for tlu^ir
travel, service and attendance in the
genei'al court in the year one thou-
sand seven hundred and sixty-three;
also, for ass(!ssing the towns of Sun-
derland and Montague the sum of
twenty-six pouixls twelve shillings,
being so much lai<l upon New Salem,
for their jiart of the charge of a rep-
resentative sent from Snnderlaiul,
after they were discharged fnun pay-
ing any sum for that purpose, which

1764.

Feb. 2,

Feb. 3,

Feb. 1, 1765.

Feb. 3,
Feb. 3,

Feb. 3,

Feb. 4,

June 1,

June 12,

May 1, 1765.

PuDLTc Acts.
List of the Public Acts — Continued.

1103

719

721

722

723

724
725

726

728
730

TITLES.

1764-6^.— First Session— Coh.

sum is ordered hy the {general court
to be added to Siuulcrland and Mon-
tague tax tlio present year; also, to
assess tlie town of Lexinp;ton the
sum of tifty pounds sixteen sliillinga
and one penny, transferred to said
town from the town of l^ineoln, heinjj
so much whicli tlie town of Lincoln
has paid, more than their just pro-
portion, and which sIiduM have been
laid upon the town of Lexington;
also, to assess the town of Belcher-
town the sum of six pounds two
shillings and ninepence, being so
much that the town of (ireenwich
■was taxed, through mistake, more
than their iiroi)ortion, and which
should have been laid upon Belcher-
town; all which tax(>s are to bo over
and above their proportion of what
is laid upon said towns: all which
sums amount to tifty-cjne thousand
eight hundred and eighty-one pounds
seventeen sliillings an(i threepence
[1760-61, chap. <s, § 4; 17(il-(i2, chap. 'S-i,
§ 4; 1761-()'_', chap. 50, § 4; 176;Mj4,
chap. 16, § 4]

Chapter 4. An act to impower the province treas-
urer to draw bills of exchange njion
the agent of the province, in Great
Britain

Chapter 5. An act for erecting the plantation
called Ipswich-Canada, into a town
by the name of Wiuchendon

Chapter G. An act in addition to the laws of this
province relating to ways .

Chapter 7. An act to impower the proprietors of
the nieeting-honse in the town of
Newburj-port, where the Reverend
Mr. Jonathan Parsons ofhciates, to
. raise money to defrey ministerial
and other necessary charges [1751-52,
chap. 1'.); 17;>.5-;i(J, chap. 5] .

Chapter 8. An act for enabling the proprietors of
the lands in the town of Barnards-
ton to raise monies to pay the debts
due from them [1761-62, chap. 44] .

Chapter 9. An act for preventing nuisances aiid
incumbrances on Dock Square, in
the town of Boston . . . .

Chapter 10. An act in addition to the act intituled
" An act to j)revent the unnecessary
destructionof ale wives, in the townof
Middlel)nrough" [i:4;>-5(l, chap. 12] .

Chapter 11. An act for .supplying the treasury with
the sum of one hundred and thirty-
eight thousand jjoumls, to be thence
issued for discharging the publick
debts, ami drawim: the same into
the treasnrv a^'ain [174'.>-."iO, chap. !'.•;
1761-(;-_', chap- ■-';!] ....

Chapter 12. An act in addition loan act, intitlcd
"An act providing in case of sick-
ness" [1701-02, chap. '••]

Second Session.

Chapter 13 An act for erecting the plantation
called fJorhanitown into a town by
the name of Oorham ....

Date
of I'oaange.

Dltallonretl
!>}• I'rlvy
Council.

Exiilmlortuul lu
effect.

1764.

June 14,

Juno 14,

Juno 15,

Jane 15,

Oct. 30,

Mar. 31, 17r.8.

June 14, 17G7.

Ang. 1,1766.
Jan. 30, 1771.

Juno 15, 1767

1104

Public Acts.

List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

731

733
733
7;J4
73f)

737

738
739

740

741
743

743

1764-65.— Second Skssion— Co?i.

Chapter 14. An act for further continuing an act,
intitled " An act for the securing the
growth and increase of a certain
parcel of wood and timber in the
townships of Ipswich and Wenhani,
in the county of Essex" [1754-55,
chap. 21]

Chapter 15. [An*] act for erecting a town in the
county of Lincoln, by the name of
Boothbay

Thied Session.

Chapter 16. An act for altering the time for holding
the superior court of judicature,
court of assize and general goal de-
livery at Charlestown, in the county
of Middlesex, this present year.

Chapter 17. An act for determining the times for
holding the superior courts of judi-
cature, court of assize and general
goal delivery in the several counties
within the province ....

Chapter 18. An act for incorporating the southerly
jiart of Rutland and the Northerly

fiart of Ijcicester, in the county of
of] Worcester, into a district by the
name of Paxton

Chapter 19. An act in addition to an act intitled
" An act for enabling the proprietors
of the lands in the town di Bernards-
ton to raise monies to pay the debts
due from them" [17tJ4-(j5, chap. 8;
17()l-f)2, chap. 1«]

Chapter 20. An act determining at what times and
places the several inferior courts of
common pleas and courts of general
sessions of the pcsace shall be held,
within and for the several counties
of the province, for the future .

Chapter 21. An act for erecting a town in the
county of Worcester, by the name of
Royaiston

Chapter 22. An act for incorporating a new planta-
tion in tlie county of Worcester,
called and known by the [iianw*]
of Dorchester-Canada, into a town
by the name of Asbburuham .

Chapter 23. An act for rebuilding the great bridge
over the great river, in the town of
Westtield in the; county of Hamp-
shire, and maintaining the same

Chapter 24. An ai;t to prevent the destruction of
salmon and otlusr flsh in Merrimack
River, within this province

Chapter 25. An act to iircvont the destruction of
oysters in the st!veral bays and rivers
hereafter mcntioneil, within this
])rovince

Chapter 2(5. An act for estal)lisliing and rcgidating
the fees of the several oflicers, within
this province, luireafter mentioned
[I15'.)-m, chap. 20] . . . .

1764.

Nov. 2,
Nov. 3,

1765.

Jan. 13, 1775.

Jan.

12,

Apr. -, 1765.

Feb. 12,

Feb. 14,

Feb.
Feb.

Feb.

Feb.
Feb.

Feb.

Jlar.

19,

27,
28,

Feb. 28, 1768.
Mar. 25, 1768.
Mar. 5, 1768.

* Parchment mutilated.

Public A(ts.

List of the Public Ads — Continual.

llOo

751

752

753

763
766

766

767

774

777

803
803

1764^65 —TiiiKD Session— Cou.

Chapter 27. An act. in aiMition to, and in oxpliwia-
tion of, two arts madt' and passed in
the present ytsir of liis niajt'Sty's
reign, the one. intith'd "An act for
determining the times for lioMinK
the snpcrior cunrt of judicatnrc,
court of assize and general goal de-
livery in the several eonnties within
this province; " tlie other, intitled
" An act determining at what times
and places the several inferior conrts
of coninnni ]ileas and courts of gene-
ral sessions of the peace shall Ik^ held
within and for the several counties
of the province, for the future " [ 17(i4-
65, chap. 17, § 'J; 17(hl-(;5,chap. '20, § 2],

Chapter 28. An act to carry into execution an onhT
of the general court, for nnmhering
the people witliin tliis provinc(>

Chapter 29. An act for granting unto his majesty
an excise upon spirits distilled, and
wine, and upon limes, lemmons and
oranges

Chapter 30. An act for allowing necessary supplies
to the Eastern Indians, and for regu-
lating trade with thcin and prevent-
ing abuses therein [17(>;!-(J4,(hap. 32],

Chapter 31. An act for reviving and continuing
sundry laws that are expired or near
expiring [17;5()-37, chap. 4; 1755-56,
chap. 3'.l; 1755-5(i, chap. 43; 175'.>-60,
chap. 21; 1750-60, chap. 32; 1762-63,
chap. 5]

Chapter 32. An act in addition to and in expla-
nation of an act, intituled " An act
for providing and maintaining two
armed vessels to guard the coast,
and for supplying the treasury with
seven thousand ]iounds for that end "
[1756-57, chaji. 12, § !•] .

Chapter 33. An act for granting unto his majesty
several rates and duties of imiwst
and tunnage of sliipjiing .

Chapter 34. An act for preventing the unnecessary
destruction of alcwives, and other
tish, within this province fnOit-lO,
chap. 7; 1727, chap. 10; 17.i4-.(.5, chap.
8; 1737-38, cliap. 4; ]7;;'.^-40, chap. 15;
1741-42, chaps. 16 and 20; 1743-44,
chap. 26; 174.5-46, chap. 20; 1754-.5.5.
chap. 31; 17.57-58, chap. .37; 17.50-<»,
chap. .32; 1761-62, chap. 11; 17tj.i-<U,
chap. 27: 17(i4-(;5. chaps. 10 and 24;
1741-42, chap. 16. § 5; 1726-27, chap. 3],

Chapter 35. An act for preventing fraud in debtors,
and for securing f he etTe<ts of insol-
vent debtors fortiie bencht of their
creditors [1738-31), chap. 15]

Date

of I'oaiage.

1765-66.— FiiwT .Session.

Chapter 1. An act for granting the sum of thir-
teen hundred jiounds, for the sujv
port of his inajesty's governor .

Chapter 2. An act in aildition to an act, intillort
"An act for jm-venting fraud In
debtors, and for securing the effects

1765.

Mar. 5,

Mar. 7,

Mar, 7,

Mar. 7,

Mar. 8,

Mar. 8,
Mar. 9,

June G,

by I'rivy
CouncIL

cHect.

May 25, 17G6.

Mar. 26, 1766.

June 25, 1766.

Mar. 25, 1770.

Nov. 1, 17(;5.

Mar. 25, 1766.

Mar. 15, 1766.

Mar. 12. 17C8.

1106

Public Acts.

List of the Public Ads — Continued.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

805
80.-)

806

809

810
810

812
813

814

815

816

817

1765-66.— FiBST Session— Con.

Chapter 3.

Chapter 4.

Chapter 5.

Chapter 6.

Chapter 7.

Chapter 8.

Chapter 9.

Chapter 10.
Chapter 11.

Chapter 12.

Chapter 13.
Chapter 14.
Chapter 15.
Chapter 16.

of insolvent debtors for the henefit of
their creditors" [17G4-05, chap. 35,
§11]

Au act to establish and confirm the
records of the proprietors of Atliol .

An act to impower tlie province treas-
urer to draw bills of exchange upon
Jasper ISIauduit, lisq., late agent of
the province in Great Britain .

An act for regulating the grammar
school in Ipswich, in tlie county of
Essex, and for incorporating certain
persons to manage and direct the
same [17.55-5i), chap. 2()]

An act for incorporating the second
precinct, in the town of Sfoughton,
in the county of Suffolk, as it now
is, into, a district by the name of
Stoughtoiiham . ' .

An act to erect the plantation called
West Hoosuck, in the county of
Berkshire, into a town by the name
of Williaiiistown . . . , .

An act for erecting a town lii the
county of Lincoln, by the name of
Bristol

An act for supplying the treasury with
the sum of one hundred and ninety-
seven thousand jionnds, to be applied
for the redemption of government
securities that will become due in
June, one thousand seven hundred
and sixty-six [1749-50, chap. 19; 1761-
62, chap. 2;i]

An act for sui)ply ing the treasury with
the sum of sixteem thousand and
eight hundred iiouuds

An act further to explain, amend and
carry into execution, an act made in
the first, year of the reign of his pres-
ent maj(!sty, intitled "An act for
raising a sum of nionc^v by lottery,
for repairing Faufuiil ilali, in Bos-
ton " [17(iO-(;i, chap. 2(); 17Cl-()2,
chap. 49] •

An act to i)revent damage being done
in the woods in Plymoutli, Sand-
wich, Barnstable, Falmouth and
Wareham, by hunting with hounds
and dogs

An act for erecting llie new jilantation
called lluntstown, in the county of
llam])shir(', into a town by the name
of Asiillcld

An act forcM-cctingf lie plantatiim called
New Framiiigliam, in tlus county of
Berkshire, into a town by the name
of Lancsliorougli

An act for erecting the now plantation
(•.■dh'd ('harleinout, in the county of
nunipsliire, into a town by the name
of Cliarlemont

An act for incorporating into a town
the lauds, in the eouiity of Berkshire,
called Vokun anil Mount Ej)hraim,
by the name of Ilichmont [1763-64,
chap. 24]

1765.

June
June

June 21,

21,
21,

June 21,

Juno 21,

June 21,

Juno 21,

Mar. 12, 1768.

Mar. 1, 1787.

Aug. 1, 1768.

Plulic A(Ts.

List of the Puhlic Acts — Contimu-il.

1107

817

818

832

834

Pat«

of I'awagc.

DlMilluwml
by rrivy

Council.

Explml or l>ail lu
effect

1765-66.— First Session— C't

Chapter 17.
Chapter 18.

Chapter 19.

Chapter 20.

An act for erecting the newnlantatimi
called NmiibtT Four, in tlio county
of Berkshire, into a town by the
name of IJeckct

An act for apjiortioning and assessing
a tax of fifty thousand iiouiids; and
also for ai)poriioniiiu' and assessing
a tax of two thousand four hundrccl
and twelve i)ounds nineteen shil-
lings and sixpence, paid the repre-
sentativi's for their travel, service
and attendance in the general court,
in the year one thousanil seven hun-
dred and sixty-four; also foranpor-,
tioning and assessing a tax of one
hundred and fifty-eight pounds
three shillings, for fines laid ui)on
towns that have not sent any per-
sons to represent them in tiu; general
court the present year; and also for
assessing the town of Hanover the
sum of sixteen pounds, jiaid out of
the province treasury to Sylvanus
Wing; and also for assessing the
sum of ten pounds three shillings
and fivepence on the town of Spring-
field; and the sum of two pouncTs
one shilling and eightpence on Wil-
braham; and the sum of twelve
pounds five shillings and one penny
on Northampton; and the sum of
twelve pounds and elevenpence on
Westfield; and the sum of twelve
pounds five shillings and one pennj'
on Hatfield; and tiie sum of eight
pounds three shillings and twopence
on Brimfield; and the sum of three
pounds seventeen shillings and nine-
pence on South Brimlicld; and the
sum of twelve pounds and eleven-
pence on Deerfield; and the sum of
six pounds and sevenpence on Green-
field; and the sum of two jiounds
nineteen shillings and sixpence on
Monson,— making the sum of eighty-
one pounds eighteen shillings and
one penny, being the tax remitted to
Bernards'ton for two years hist past,
and the tax remitted to Iluutstown
for three years last past, and ordered
to be atlded to the present year's tax
of the several towns aforesaid, and
in the manner aforesaid ; which taxes
are to be over and above their pro-
portion of what was laid on the said
towns: which sums amount to fifty-
two thousand six hundred and sixty-
nine pounds and seven pen<e fl7<>2-
G:!, chap. 10, §4; 17(i_'-<>(, chap. 30, § 4;
17(i4-<», chap. 11, § li] .

An act for the preservation and in-
crease of moose and deer on Tarpolin-
Cove Lsland and Nenneme^.set Isl-
and, lying and being in the county
of Uukes County . . • ; , *

An act for tlie [ire.servation of the
beach ami harbour in the town of
Plymouth

1765.

.Tune 21,

June 21,

June 25,
June 25,

Mar. 30. l^Cfi.

July 20, 1770.
July 10, 17C8.

1108

Public Acts.

List of the Public Acts — Continued.

Date

of Passage.

Disallowed
by Privy
Council.

Expired or had its
eflect

Sol

8:37

8:;.s

839
840

840

850
857

857

1765-66.— First Session— Coji.

Chapter 21. An act for raising by lottery tlie sum
of three tliousand two hundred
pounds, for building another liall for
the students of Harvard College to
dwell in

Chapter 22. An act to enable the projirietors of the
town of Windham, in the county of
Cumberland, to exchange the minis-
terial home-lot, so called, for other
lands in the said town

Second Session.

Chapter 23. An act for incorporating a new plan-
tation in the county of Hampshire,
called and known by the [^name of*]
Murray held, into a town by the
name of Murrayfield . . . .

Chapter 24. [^*]n act for reviving and continuing
an act made in tlie fourth year of his
present majesty King George the
Third, intitlcd "An act to prevent
the unnecessary destruction of ale-
wives in the town of Middleborough "
[17(J4-()5, chap. 10] . . , .

Chapter 25. An act for erecting the second parish
of Falmouth, in the county of Cum-
berland, into a district by the name
of Cape Elisabeth ....

Third Session.

Chapter 26. An act for erecting the north precinct
in the town of Westborough, in the
county of [Worcrstci*], into a sep[e]-
[«]rate district by the name of North-
borough

Chapter 27. An act for altering the time appointed
for holding the court of general ses-
sions of th(! peace and interior court
of <'ommon jilcas, which, by law, are
nowestablishedtobe held at(!harlcs-
town, in the county of Middlesex, on
the first Tuesday of March [17G4-<i6,
chap. 20]

Chapter 28. [An. («*]ct for granting unto his majf^sty
an excise u])on spirits disiillcd, and
wine, and upon limes, [kinm(iii.'<*]
and oranges

Chapter 2'.). [Anuct/Dr*] granting unto his majesty
S(!v<'ral rates and duties of impost and
tannage of shipjiing . . . .

Chapter 'M. [An.*] act for amending of an act made
in the fifth y(!ar of his present majes-
ty's reign, intituli'd " An act to [pre-
vent (lie (lestni'-tinn o*]f salmon and
other lish, in ]SIerriniack River, with-
in this province" [17(;4-<>5, chap. 24,
§ •"•]

Chapter 31 . An act for dividing the district of South
IJriuilield, in the county of IIami>-
shire, into two separate parishes

1765.

June 25,

Oct. 31,

Nov, 1.

1766.

Jan. 24,

Feb, 15,

Feb. 21,

Oct, 2G, 1767

Mar. 26, 1767.
Mar, 25, 17ii7.

Feb, 28, ]7(>7.

* Parchment inutilatod.

Public Acts.
List of the Public Acta — Continuod.

1109

Date
of Pamagc.

DlMillowml
by Vtiry
Council.

Expired or had It*
efleol

858

859

1765-66.— Third Session— Con.

Chapter 32. An act for furtlier limiting the opera-
tion of ail ai't niatlo in tlio second
year of his present [»i'/y'.s7*]y'.s reign,
intit[u]leil "An act for uranting
several lionnties npon wheat anil
flonr" [ITdl-dL', chap. :«t] .

Chapter 33. An act for reviving ami continning
sundry laws tliat are e.xiiired, ami
near expiring [175r)-5(!, cha]). '.»; 17(11-
62, chap. 14; 17():i-(;4, chap. IH; 17(k;-
64, chai). 2J; 17(>4-(J5, chap. 34] .

879

882
883

1766-67.— First Session.

879 Chapter 1. Anact for granting the sum of tliirteen
hundred pounds for the support of
his majesty's governor

Chapter 2. An act in addition to an act, iutitled
"An act for erecting a town in tin;
county of Lincoln by the name of
Bristol " [17(i5-C.(i, chap. K] .

Chapter 3. An act for supplying the treasury
with the sum of one hundred and
fifty-seven tlmusand pounds, to be
applied for the redemption of govern-
ment securities tliatwiil become due
in the year of our Lonl one thousand
seven hundred and sixty-seven [174'.>-
50, chap, lit; 17(il-(i2, chap. 2.1J .

Chapter 4. An act for .sn])plyiiig the treasury
with the sum of eighteen thousand
pounds

Chapter 5. An act for repealing two acts, one,
intitru]led "An act for preventing
fraud in debtors, and for s(!curing
the effects of in-<olvcnt debtors for
the benefit of their creditors," the
other act, intit[u]led "An act in
addition to 'An act for preventing
fraud in debtors, and for securing
the effects of insolvent debtors for
the benefit of tlieir creditors," " both
made in the fifth year of his present
majesty's reign [17()4Hi5, chap. ;V5;
1765-G«), chap 2]

Chapter 6. An act for apportioning and assessing
a tax of forty thousand pounds; and
ahso for apportioning and as.sessinga
tax of two tliousand five hundred
and fifty-three jionnds two shillings
and sixpence, paid tlie representa-
tives for their travel, service ami
attendance in the general court in
the year one thousand .seven hundred
and sixtv-five; also for apportioning
and as.sessing a tax of ninety-eight
pounds seven shillings, laid upon
towns that have not sent any person
to represent them in tlie general
court the present year; [-('jud al.so,
for assessing the town of Swan/ey
the Buni of fifty pounds, l>eing part
of the sum of three hundred iH>unds
lent said town in the year one tlum-
sand seven hundred and sixty-four;

883

1766.

Feb.

21,

Feb.

21,

June

12,

June

19,

Juno

27,

June

27,

June 27,

1767.
July 24,

July 1, Ktrr.

July 1, 1770.

• Pkrchmcnt mutilated.

1110

Public Acts.

List of the Public Acts — Continued.

Date

of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

899

900

'.X)2

i)o;j

905

Chapter 7.

Chapter 8.

Cliaptor '.).

Chapter 10.

Chapter 11.

1766-67.— FiKST Session— Con.

and also, \Jor o.s*]sessing the town of
Deerfield the sum of twenty-tive
pounds seventeen shillings and one
penny, jiaid out of the public treas-
ury to John Worthington, Esq['"].,
and others, a coniniirtee to enable
[them to*] run the line between Deer-
field and Hunt's Town ; and also,
for assessing the sum of ten pounds
two shillings and sixpence on the
district of New Salem, being so much
paid the selectmen \_<it' .S'((»*]derland
in full of any disputes lietween the
town of Sunderland and district of
New Salem, relative to representa-
tives'pay; and also, for assessing the
sum of thirty-six pounds [?(;'*]neteen
shillings and tenpence halfpenny on
the town of Falmouth, and the sum
of six pounds nine shillings and four-
pence on the town of North Yar-
mouth, and tlie sum of live pounds
fifteen shillings and twopence on the
town of Brunswick, making in the
whole the sum of forty-nine pounds
four shillings and fourpence half-
l)enny, being a tax remitted Gorham-
town, for the year one thousand
seven hundred and sixty-four, and
ordered to be added to the present
year's tax of the several towns afore-
said, and in inanner aforesaid ; which
taxes are to be over and above their
proportion of wliat was laid on said
towns: whicli sums amount t(j forty-
two thousand seven hundred eighty-
six pounds thirteen [.s/i*]illings and
fivepence halfpenny [17(i5-(j(), chap.

9, §4]

An act for reviving ami continuing an
act made in the; fourth year of his
present majesty, intitled "An act
for allowing necessary suiijilies to
the eastern Indians, and for regulat-
ing the; trade witli them, and i>revent-
ing abuses th<!rein " [17()3-(i4, chap.

••i'-'j

An act to ju'iivent frauds l)y the adul-
teration of ])otash and pearlash [1754-
55, chap. 2(j]

Second Skssion.

An act to erect the south parr of the
first precinct in tlie town of Mendoii,
in the county of Worcester, into a
sc,parat(^ precinct

An act fur granting compensation to
the suiferers, and of free and general
jiardon, indenmity and oblivion to
the offenders in the late times .

TniRD Session.

An act for incori)oraling the easterly
part of tlio town of Uichniont, in the
county of IJcrrkshire, into a district
by tlie name of Lenox [ntW-CkJ, chap.

1766.

June 27,

June 28,

Juno 28,

Nov. 8,

Dec. (),

1767.

Feb. 26.

Mar. 30, 17G7.

June .'W, 17(;7.
July 20, 17(i7.

1767.
May 13,

* Parchment mutilated.

Public Acts.

List of the Public Acts — Contitiiiod.

nil

Date
of rusMge.

DUuillowml
by Trivy
Council.

Expired or had lu
«flaot.

906

•JOT

n07

908

909

911

913
919

920

922

1766-67.— Third Session— Coh.

Chapter 12. An act for settini: off Edward Stearns
of IJillcrioa, with liis lands there,
from the said town, and anni'xinjj
the same to tho town of Bedfonl
[172<»-.!0. chap. 1]

Chapter 13. An act in acUlition to two several arts
to prev(^>nt. thtj dcstrnction of salmon
and other flsli in Merrimack Uivcr,
within this jirovinco [17i>4-(ij, chap.
24, § 3; 17t)5-(i(i, chap. .«). § 1] .

Chapter 14. An act for discontiniiitif^ two of the
courts, and for alterinii tho time of
holding one of tho courts, of general
sessions of the peace and inferior
courts of common pleas within and
for tho county of Berkshire [1760-(jl,
chap. 3:i]

Chapter 15. An act for erecting the westerly part
of the town of Townsend, in the
county of Middlesex, the northerly
part of tho town of Fitchhurgli, and
the north-easterly part of the town
of Ashbnrnham, in the county of
Worcester, into a town by the name
of Ashby, to be annexed to the county
of Middlesex

Chapter 16. An act to prevf.-nt damage bciiifj done
on the meadows and beaches lying in,
and adjoining on, the south side of
the towns of Tisbury and Chilmark,
in the county of Dukes County, be-
tween the land of Matthew Mayhew,
Esqti^)., on the west, and the creek of
waterthatdividesthelandofTliomas
"Walron from the beach, on the east .

Chapter 17. An act in addition to the several laws
already made relating to the removal
of poor persons out of the towns
whereof they are not iniiabitants
, [1692-93, chap. 28, § 10; 1700-01, chap.

23; 1722-23, chap. 5] . . . .

Chapter 18. An act for granting unto his majesty
several rates ami duties of imi)ost
and tunnajie of shipping .

Chapter 19. An act in further atldition to the sev-
eral laws now in being for tlu! more
8i)ecdy linisliing the I-and Bank or
Manufa<torv ScTiemt! [174.i-14, <haps.
17 and 28; 1744-45, chap. 12; 174H-4'.i,
chap. 10; 17."iO-51, chap. 2.">; K.'.l-M,
chap 24; 1707-.W, chap. 2S; 17.'iH-^;t,
chap. 20; 175iHW, chaj). 25; 17(i2-G;!,
cha|>. 21]

Chapter 20. An a<t for revi%-ing and continumg
sundry laws that are expired, or
near expiring [17;!<>-37, chap. 4; 1741-
42, chap. 4; HSJ-.'i.'J, chap. 12; 1755-
56, chap. 43; 17.-kS-69. chap. 17; 175!l-
60, chap. 2<.t; 1759-60, chap. 15; 176;$-
64, chap. ■'.] •

Chapter 21. An act for laving out and establishing
a new street in the town of Boston,
loading from Milk Street to Battery-
march Street [1760-61, ehai).U; 175'J-
60, chap. :*>] , •

Chapter 22. An act for [the] effectual preventing
the currency of the bills of credit of
Connecticut, New Ilampshire and

1767.

Feb. 26,

Feb. 26.

Feb. 27,

Mar. 20, 1768.

Mar. 6,

Mar. 9,

Mar. 19,
Mar. 20,

Mar. 30, 1770.

Mar. lit. 1770.
Mar. 25, 1768.

Mar. 20,

July 1, 1770.

1112

Public Acts.

List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

1766-67.— Third Session— Con.

Rhode Island, within this province
[17(Jl-62, chap. 27] . . . .

953
953

954

955

956

957

958

959

1767-68.— First Session.

Chapter 1. An act for granting the sum * thirteen
liuudreil pounds, for the support of
his majesty's governor

Chapter 2. An act for incorporating the north-east
quarter of the township of Rutland,
in the county of Worcester, into a
district by the name of Hubbardston,

Chapter 3. An act for erecting tlie new plantation
called Lebanon, lying at the head of
the town of Berwick, adjoining on
the eastern side of Sahiion Falls
River, in the county of York, into a
town by the name of Lebanon .

Chapter 4. An act for incorporating the south-
westerly part of Dcertield, in the
county of llam]>shire, into a district
by the name of Conway

Chapter 5. An act for supplying the treasury with
the sum of eighteen thousand three
hundred pounds

Chapter G. An act for confirming the votes and
orilers of the proprietors of the town
of Royalston, since the fourth day of
June, in the year one thousand seven
liuudrcd and .sixty-f(nir

Chapter 7. An act for suiiplyiug the treasury with
the sum of one hundred and twenty-
five thousand eight hundred and fifty
pounds, to be applied for the re-
demption of government securities
that will become due in the year of
our Lord one thousand seven hun-
dred and sixty-eight [1749-50, chap.
19; 17(il-(i2, chap. 2:'.] . . . .

Chapter 8. An act for apportioning and assessing
a tax of forty thousand pounds; and
also, for apportioning and assessing
a tax of thre(! thousand and twenty-
six pounds and live; shillings, paid
the representatives for their travel,
service and attendance in the general
court in the; year one thousand seven
hundred and sixty-six; and also, for
assessing the town of Swanzey the
sum of fifty iiounds, being i)art of
the sum of tlir(H) hundred pounds
lent sai<l town in the year one thou-
sand seven hundred and sixty-four:
and also, for assessing the town oi
N(!wbury the sum of seveiit \-thrco
poimds ten shillings and tenpcnco,
and the tdwn of Newburyport the
sum of lifty-eight |)ounds lifteen shil-
lings and tenpenec;, being ta.\es ari.s-
ing by m(^ans of a defective eonsta-
l)le, in the year one thousand seven
hundred and sixty-one; and also for
assessing tlut town of Chelsea the
sum of seventy-one pounds nineteen
shillings and onr pcMuiy, arising by
means of a defective coiistal)le, in
tbo year one thousand seven huu-

1767.

Mar. 20,

June 4,

June 13,

June 17,

June 19,

June 20,

Mar. 31, 1770.

June 20,

• Sic: "of" omitted.

PuiiLic Acts.

List of the Public Acts — Continued.

1113

TITLES.

1767-68.— First Session— Con.

dred and forty-niue; and also, for
assessing: the town of MidillebiiroM;;li
the sum of sixty-ci'^lit jiounds four
shillinpis and eight [)encu, arising by
means of a defective constable, in
the year one thousand seven hun-
dred and sixty-two; and also, for as-
sessing the district of South IIa<lley
the sum of thirteen jwunds seven
shillings and tivepeni'e, paid out of
the publick treasury to a committee
sent there by the general court; and
also, for assessing the district of
South Brimtield the sum of four
pounds four shillings, paid out of the
publick treasurj'to a committee sent
there by the general court; as also,
for assessing Great Barrington the
sum of three pounds and threepence,
paid Joseph llawley, Esq., sent there
by order of the general court; and
also, for assessing the several towns
in the county of Hampshire the sum
of eleven pounds ten shillings, paid
out of the publick treasury to a com-
mittee sent to the town of Westtield;
and also, for assessing sundry towns
in the county of Worcester the sum of
onelmndred and sixty-seven pounds
three shillings and fourpenrc, abated
upon the town of Winchendon; and
also, for assessing upon several towns
and districts tlie sum of thirty-six
pounds nine shillings and eleven-
pence, paid out of the publick treas-
ury for the sui>port of French Neu-
trals; all which sums amount to
forty-three thousand live hundred
and eighty-five jiounds and four-
pence [17(10-07, chap. ;<, § 4]
973 Chapter 9. Au act for reviving and continuing
sundry laws that are expired, and
near expiring [17.1'J— 10, chap. 8; 1740-
41, chap, l.'i; 174'-' -4.'!, chap. 4; 1742-
43, chap. 11; 174'J-i:?, chap. 25; 1742-

43, chap. 28; 174.J-44, chap. (>; 174:{-

44, chap. 14; 1744 4."j, chaj). 27; 174(5-
47, chap. 27; 17.W-.".1, chap. 21; 1750-
51, chap. 22; 175.t-.'>4, chap. 14; 17.J4-
55, chap. 21; 1755-5G, chap. '.»; 17.V>-
57, chap. 28; 17.'.7-58, chap. 5; 1758-59,
chap. <i: 1758-59, chap. 16: 1758-59,
chap, at; 175!M;0. chap. :W; 1700-(;i,
chap. 3.5; 17G4-(J5, chap. 7; 17(>4-<>5,
chap. 10]

975 Chapter 10. An act to ])revent frauds by the adul-
teration of jwtashand pearlash [17U>-
07, chap. 8j

97G Chapter 11. An act to r<!vive and continue an act
made in the fifth year of his present
majesty's reign, intitled " An act for
allowing ncces-sary snpplys to the
Eastern Intlians, and for regulating
traile with them, and pn^ventinR
abuses therein," which is near ex-
piring [17(34-05, chap. 'M] .

I>n(0
of ToMUtge.

1767.

June 23,

June 24,
June 25,

Jane 25,

ItlMiIliiwect
liy I'rlvy
Council.

Expired or bod lu
eSecL

Mar. 30. 1768.

July 20. 1772.
July 20, 17(W.

Jane 30, liCM.

1114

Public Acts.

List of the Public Acts — Continued.

Date

of Passage.

Disallowed
by Privy
Council.

Expired or had iU
effect.

977
983

984

985
988

988
990

991
991

992

992
993

1767-68. — Second Session.

Chapter 12. An act for granting unto his majesty
several rates and duties of imi>ost
and tunuage of sliipping .

Chapter 13. An act to prevent damage being done
on Bound-Brook Island and Griffith's
Islands, within the district of Wel[/]-
fleet, by cattle, horse-kind and sheep,

Chapter 14. An act to enable the proprietors and
purchasers [and] in the town of Dart-
mouth, in the county of Bristol, to
raise monies and levy taxes, and to
sue and defend in certain cases [172G-
27, chap 15]

Chapter 15. An act for enquiring into the rateable
estates of tlii^ province [17G0-G1,
chaps. 24 and 30]

Chapter 10. An act in further addition to the
several acts for the settlement and
support of schools and schoolmasters
[1718-19, chap. 2]

Chapter 17. An act to prevent the destruction of
the salt meadows, lying in the towns
of Tisbury and Cliilraark .

Chapter 18. An act to enable the proprietors of
three several townships granted
June, one thousand seven hundred
[and] sixty-five; vizW., one town-
ship, granted to Benjamin Mullakin,
Esqt'']., and oth(!rs, in lieu of a town-
ship called Rowley-Canada; one
other township, granteil to William
Raymond and others, in lieu of a
township called Halestown ; and one
other townshiji, granted to Samuel
Gerrish, Es(|['J , and others, in lieu
of a township called Bakerstown,
— to make sale of so much of the
delinqiu>nt proprietors' rights, grant-
ed to said Mulhikin, Raymond, Ger-
rish, and others, as is necessary to
defrey the charges of said town-
ships

Chapter 19. An act for annexing that part of the
town of Shrewsbury, called the Leg,
to the town of Lancaster .

Chapter 20. An act for continuing sundry laws
that are near ex])irini; [17()4-(;5, chap.
24; 17()l-(i5, chap. 25; HOrMJO, ehap.
30; 17t;(>-(;7, chap. 13] ....

Chapter 21. An act for enseting a tract of land of
eight miles square called I'liilliiis-
lowii, joining ujion the iu)rth-\V('st
end of tli(! town of Wells, in tlie
cDunty of York, into a town by the
name of Sanford

Chapter 22. An act for building and maintaining
a lighthouse on the east end of the
(inrnet, at the entrance of the har-
bour of riymoutli [1715-l(i, cha]>.

4] .• .. ■

Chapter 23. An a<'t to nnjiower commissaries to
s(!ttle a lino of jurisdiction betwe<!u
this province and the province of
New York

1768.

Feb.

26,
26,

Feb.

26,

Feb.

26,

Feb.

26,

Feb.

26,

Feb, 27,

Feb. 27,

Mar. 3,

Mar. 25, 17G9.
June 29, 1773.

June 1, 17()8.

July 1, 1770.
Mar. 1,1771.

July 1, 1770.

PuBuc Acts.
List of the Public Acta — Continued.

1115

Dat«
of ruMi^.

DiRalluwvd
by I'rivy
Council.

Expired or lud Its
eflecL

1011
1011

1013

1014
1015

1017

1018

1019

1020

1022

1023

1024

1768.— First Session.

Chapter 1. An act for granting the sum of thirteen
liuutlri'd iioiiiuls, for the support of
hi.s luajesty's governor

Chapter 2. An act lor incoriiorating the second
parish of South lladley, in the
county of Hampsliiie, into a town
by the name of Granby

Chapter 3. An act for incorporating the north-
westerly part of Ueertiekl, in tlio
county of llampsliire, into a district
by the name of Slielburno .

Chapter 4. An' act for supi)lying the treasury
with tlie sura of eighteen thousand
pounds

Chapter 5. An act in addition to an act, intitled
" An act for erecting the new pUm-
tation called Huntstown, in the
county of Hampshire, into a town
bv the name of Ashfield " [1765-(XJ,
ciiap. !.■), § 3; 171-2-13, chap. 9; 17G1-
G2, chap. 44]

Chapter 6. An ax;t inipowering the assessors of the
town of Windham, in the county of
Cumberlantl, to assess, yearly, for
three years next [i][e]nsuing, one
pen[njv per acre on every of the
hundred acre lot[03 in said town
already lotted out, and not other-
wise taxed; ministerial and school
lands lying in said town, excepted .

Chapter 7. An act for the removal of the prison-
ers from his majesty's goal in the
county of Barnstaljlo, to his majesty's
gt)al in the county of Plymouth

Chapter 8. An act to establish a toll on the bridge
lately built over the westermost
branch of Saco River, from Hidde-
ford side to Indian Island, in the
county of York [17.')7-58, chap. 14] .

Chapter 9. An act to enable the assessors of the
town of Charlemont to collect all
the taxes granted on the lands in
the said Charlemont ....

Chapter 10. An act for reviving and continuing
sundry laws that are expired, and
near expiring [174!)-50, chap. 15;
17(>2-63, chap. l'.»; 1705-06, chap. V2;
17(55-(i<>, chaj). 20] . . • • •
Chapter 11. An act for continuing an act intit[)(Jled
" An act for establishing and regu-
lating tlie fees of the several officers
within this province, hereafter men-
tioned," made in the lifth year of his
present majesty's reign [170i-03,
chap. 20] . . ••.:.•
Chapter 12. An act for building and maintaining
a bridge over the great river, in
Westtield, in the county of Ilaini)-
shire [1701-05, chap. 2:1] • . • . '
Chapter 13. An act to prevent a failure of justice,
by means of offenders, in any of Uis
majesty's colonies on this continent,
e.scaping into this province, or from
one countv in this province .nto
another, to avoid the punishments of
their offences . . . • •
Chapter 14. An act for supplying the treasury with
one hnndretl thou.sand pounds, to be

1768.

May 27,

Juno 11,

June 21,

June 23,

June 24,

1771.
July 31,

Jane 24,

June 24,

Jane 24,

June 28,

June 30,

June 90,

July 20, 1773.

Aug. 1.1770.

July 15. 17(?.i.

1116

Public Acts.

Idst of the Public Acts — Concluded.

Date
of Passage.

Disallowed
by I'livy
Council.

Expired or had its
effect.

1027

1028

1030

1032

1768. — First Session — Con.

applied for the redemption of govern-
meut securities that will become due
in the year of our Lord one thousand
seven hundred and sixty-nine [1767-
68, chap. 7, § 4; 1749-50, chap. 19;
17C1-G2, chap. 23]

Chapter 15. An act to enable the inhabitants of
Lenox, in the county of Berkshire,
with other proprietors of lands there,
to raise taxes on the lands there, for
bringingforwardthesettlementof the
said lauds, and for other public pur-
poses for the benefit of said district;
and also to inforce the i^ayment of
such taxes as have been granted by
the inhabitants of Richmont in said
county, and are not collected [1703-
64, chap. 24, § 1 ; 1765-(J6, chap. 16, §
2; 1761-62, chap. 44; 1766-67, chap. 11;
1712-13, chap. 9]

Chapter 16. An act for erectiug the new plantation
called Numl)er Three, in the county
of Hampshire, into a town by the
name of Worthington [1712-13, chap.
9; 1761-62, chap. 44] .

Chapter 17. An act to establish a toll on the great
bridge built over the river Parker,
in the town of Newbury, iu the
county of Essex [1750-51, chap. 14] .

Chapter 18. An act to revive and continue an act
made in the fifth year of his present
majesty's reign, intitled "An act for
allowing necessary supplies to the
eastern Indians, and for regulating
trade with them, and preventing
abuses therein," which is near expir-
ing [1764-65, chap. 30] .

1768.

June 30,

June 30, 1778.

June 30, 1769.

Private Acts.

1117

LIST OF THE TITLES OF PRIVATE ACTS.

TITLES.

43G

540

624
624
624

782

859

1757-58.— First Session,

An Act impowerii)!» Margarett Pollard of Boston in Mm County of
Suffolk, Wi.low, Executrix of tlio last Will and Testament of
Benjamin Pollard, Esq^, deceased, to niakn Sale of certain
Lands that were conveyed to the said Benjamin Pollard, in
Trust . . . . . .

An Act for dissolving the Marria};e of Daniel McCarthy with Mary
McCarthy

Fifth Session.

An Act for tlie more easy and equitalile Division of the Estates of .Tames
Towusend, deceased, and Elizabeth Chaiincy, deceased, yet
remaining undivided, among the Interested . . . .

1760-61. — FouRTu Session.

An Act to enable the Executors of the last Will and Testament of 8ir
William Pei)perrell, Baronet, di>ceased, and the otlicr Pro-
prietors of certain Tracts of Land in the Townsliijis of Biilde-
ford and Scarborou.uh to sue for any Trespasses connnitted
upon said Tracts of Land within five years prcceeding the
present Session of this Court in the present County of York .

1761-62.— Fourth Session.

An Act for Enabling !Mary Hunt to Dispose and Convey her Lands and
Interest in IJolden

1762-63.— Thibd Session.

An Act confirming the Christian name of Ann Baker of Dorchester in
the County of Suffolk Widow notwithstanding the Mistake
therein

An Act to enable the surviving Executors of Edward Jackson Gentle-
man deceased to disjiose of part of his Keal Estate in Shutes-
burv in the County of Hampshire

An Act to enable Faith Cookson Wife of Obadiah Cookson to make
Sale of certain Lauds in the Township of Rutland set off to
her pursuant to the Will of her late tatlier Cornelius Waldo
Esqf

1764-65.— First Session.

An Act to enable Abigail Little of Pendiroke, formerly the Widow of
Isaac Thomas late of said Pembroke, (icntlcman, Deceased,
to recover of the Children and Heirs of the saiil Isiuk- certain
Suras of Money due from them to tlie sai<l Abigail for KIght
of Dower in the real Estate that was the said Isaac Thomas's .

1765-66.— First Session.

An Act irapowering Peter Hallet to make and execute a Deed of Ex-
chant^e with Stephen Hallet of eertain Lands lymg in lar-
moutli in the County of Barnstable

I).4tO
of I'.1)INl-„-C.

Ipv I'rivy
Coaiidl.

1757.

June 16,
June 14,

1758.

April 24,
1761.

April 18,

17G2.

April 24,

17G3.

Feb. 17,
Feb. 24.

Feb. 24,

1759.

Aug. 10.

Aug. 10,

1763.

Mar. IG.

1734.

1767.

Juno 14, I June 2C

1765.

June 12,

1118

Private Acts.

List of the Private Acts — Concluded.

TITLES.

Date
of Passage.

Disallowed
by Privy
Council.

924

1766-67.— First Session.

An Act to enable "William Pepperrell Sparhawk Esq'' to take the name
of William Pepperrell

1766.

June 18,

1767.

June 25,

994

1767-68.— First Session.

An Act to empower Abigail Conqiieret of Lancaster in the County of
Worcester, Wife of Lewis Conqueret Mariner to commence
and prosecute to final Judgment and Execution, certain
Action or Actions against Francis Morris and Tliomas Legget
of Leominster in said County, and for subjecting tlie said
Abigail Conqueret to the Action or Actions of the said
Francis Morris and Thomas Legget, as though she was sole
and unmarried

1768.

June -29.

Kesolves.

1119

RESOLVES.

Acts belatiko to tes
gsneral 8ubjkct-uatteu.

Chapter.

SUBJECT OF THE RESOLVE.

DaU.

101

103

105
106

122
229

233
237

237

241
337

339
340

341

342

344
347

356

356
356
366

1757-68

1757-58

1767-58 .
1757-58 .

1757-58
1758-59

1758-59
1758-59

1758-59

1758-59 .
1759-60 .

1759-60 .

1769-60 .

1759-60 .

1759-60 .
1759-60

Resolve for the payment of £7, 8«. 2(1. to Jacques Mor-
ris, lieingtlu) proceeds of tlio siile of canoes
ill wliich tlie Acadiaiis came from the south-
ern colonics

Resolve for ilistributin;^ Acadians in the several conn-
ties accordiugj to the jirovince ta.\, and fur
apportioning; tlu^ expense of their support on
the towns and districts in the several coun-
ties

Resolve that the Governor order all Acadians in Bos-
ton to he removed to the barracks on Castle
Island, and that they he there subsisted, X:c.

Resolve directing the commissary general to furnish
subsistence and transportation for poor Aca-
dians in Boston, and to remove them to the
towns to which they have been assigned

Resolve remitting fines of John Erving and others .

Resolve re-electing guardians for the Indians and
ratifying their doings

Resolves for levying ami i>aying forces for the army .

Resolve requesting the (Jovcrnor to direct returns of
the number of Quakers in the several regi-
ments, by the respective Colonels .

Resolve allowing widows and ue.\t of kin to receive
wages of deceased soldiers without adminis-
tration

Resolves for raising and paying 1,500 men .

Resolve ratifying assessments and abatements to
Quakers in tlu; town of Dartmouth, for the
year 1759, and empowering the constables for
that year to collect said taxes ....

Resolve directing the treasurer to issue Ids warrant
to Jacol) Cooper of Stockbridge, to collect
the tax of 1759, and staying execution against
him

Resolve directing the unimproved lands in the distri<t
of New Salem to be taxed for four years at
one farthing per acre for the repairs of high-
ways, and directing an annual account there-
of to be transmitted to non-residents

Resolve laving a tax of i penny per acre on th(! lands
of the non-resident proprietors of the dis-
trict of Westminster, for the term of four
years

Resolve granting liberty to the petitioners, proprietors
and inhabitants of land in and near Rutland,
to bring in a bill, &c

Resolve granting liberty to the petitioning proprietors
of Negviassct, to bring in a bill

Resolve applying money, received from Mr. Agent
Bollan, to the payment of olVicers and soldiers
under Gen. Amherst, and directing the treas-
urer to borrow £.t2,4'_'5, \0s. instead of £<iO,000,
and redu.ing the tax, and ordering a bill to
be brought in accordingly . . • .

Resolve empowering Theophilus Bradbury to collect
excise in Cumberland County, in place of
William Livermore. the decca.scd collector .

Resolve discharging Bildad Fowler from forfeiture of
his bond, &c. . . •,•.•,* i'

Resolve remitting to Michael Malcolm the province a
part of fines laid upon him . • ,• ,'

Resolve remitting to Allan Malcolm tbo provinces
part of lines laid upon bim ....

Jan. 5, 1750.

Apr. 19, 1700.
Jan. IH, 1764.

Feb. 16, ITta.

Feb. 1, 1760,

Jan. :?, 17r)9.

Mar. i;), 175U.

Apr. 24, 1759.

Apr. 20, 1758.
Apr. 18, 1759.

Apr. 24, 1700.
Juno 5, 17G2.

Feb. 9, 1760.

June 13, 1700.
Oct. 11, 1769.

Oct. ii.n.v.t.

Jan. 9, 1700.

Feb. 23, 17(52.
June 5, 1762.
June 15, 17G2.
June 15, 1762.

1120

E.ESOLVES.

List of the Resolves — Continued.

Acts eelatiko to thk
general 8cbject-mattbe,

Chapter.

SXmjECT OF THE BESOLVE.

361

362

441

642

544
545

545
547
548

548

549
559

563

564
564

56G

567

G25

626

(a2
032

633

1759-60
1759-60

1760-61

1761-62

1761-62
1761-62

1761-62
1761-62
1761-62

1761-62

1761-62
1761-62

1761-62

1701-62
1701-(;2
1701-<J2

1761-02

1762-63

1702-63
1702-63

1762-63

11 .

6 .

15 .

17 .

24 .

24 .
28 and 29

32 .

36 .

47 .

12 .

Resolve ordering that part of a highway be annexed
to Palmer, and clianging the boundary lines
of Briiiiiield and Palmer, and requiring said
Palmer to keep said highway in repair .

Resolve annexing a bridge over Chicopee.lliver, to the
town of Brimlield, tliere to be kejit in repair,
and enjoining the district of Palmer to keep
in repair another bridge over said river, and
annexing to Monson part of a road, to be
kept in repair liy Monson

Resolve empowering Samuel Allen to collect all taxes
in Gloucester which were not collected by
William Somes, constable ....

Resolves for dividing the town of Rehoboth, and ap-
portioning revenues and money in the town
treasury

Resolve directing the province treasurer not to bor-
row money until the next session .

Resolve empowering the court of general sessions for
the county of Suffolk, to equalize erroneous
assessments on the towns of Dedham and
Medfield

Resolve exempting Indians in Stockbridge from the
tax of 1761

Resolve remitting province's i^art of fine laid on Bar-
nabas Lothrop

Resolve directing Alexander Thompson to notify Gad
Lyman, collector, of his petition for relief,
and continuing the action brought by said
collector

Resolve empowering any two justices for the county
of Worcester, quorum unus, to grant a license
to James Stone

Resolve empowering the general sessions in Worcester
county to grant a license to Samuel Pickard .

Resolve empowering the Governor and Council to fill
vacancies in the conimittee chosen to counter-
sigu the treasurer's notes

Resolve granting to Joseph Dwight £160 out of the
interest of Sir Peter Warren's donation, and
also granting to him 1,000 acres of land upon
condition, &c

Resolve granting allowances to Eleazer M'heelock for
subsisting and educating Indian children, &c.

Resolve granting allowances to Eleazc^r N\'heelock for
subsisting and educating Indian children, &c.

Resolve granting leave to the inhabitants of tlietown
of Biddeford to bring in a bill, and dismiss-
ing the jtetition of tlic town of Widls

Resolve empowering the inhabitants of Tyringham
to levy and coUei't taxes, &c., and requiring
them to notify tlio non-nssidcnt proprietors
there, by publishing notice in the Boston
newsjiapers

Resolve directing the treasurer to pay interest to John
Still Winthrop upon his loan to the govern-
ment

Resolve fixing the bounds lictween Nc^w Marblehead
and the towns of Falmouth and North Yar-
inoutli, and setting olf a lot for a school-lot .

Resolve empowering the assessors of Freetown to
assess the polls and estate of Ammi Chase .

Resolve empowering and directing the assessors of
Stockbridge, for the year 1702, to sign and
comjileto assessments. Sec, and dirtjcting the
constable t<i finish his collections, &c. .

Resolve i-emitting to Narragansett No. One the tax of
£44, 7.S. 0(/. for the year 1762, and directing a
stay of execution

Apr. 18, 1761.

Feb. 7, 1763.

Sept. 9, 1702.

Jan. 9, 1759.
Nov. 28, 1761.

Jan. 13, 1701.
July 11, 1701.
June 5, 1702.

June 12, 1764.

Jan. 25, 1705.
Feb. 15, 1705.

Feb. 23, 1702.

Feb. 16, 1703.
June 14, 1704.
June 13, 1705.

Feb. 18, 1702.

June 4, 1762.

Oct. 31, 1705.

Nov. 27, 1701.
Feb. 10, 17(i3.

Jan. 30, 1764.
Nov. 1, 1704.

Resolvks.

ll'Jl

List of the Resolves — Continued.

Acts belatino to tbc
grkeral scbjkct-hattkb.

633

635
693

694
694

695

695
695

695

696

700
700

701

782

782
783
783

785

786

Chapter.

1762-63 .

1762-63 .
1763-64 .

1763-64 .
1763-64 .
1763-64 .

1763-64 .

1763-64 .
1703-64 .

1763-64 .

1763-64 .
1763-64 .
1763-64 .

1763-64 .

1764-65 .

1764-65 .
1764-65 .
1764-65 .

1764-65 .

SUBJECT OF THE RESOLVE.

Resolve empoweiinR the town of ScnrborouRli to
clioose a collector of the taxcH for tin; year
17(>2, in tltc jilacc of Gf'or;;c Li-l)l)y, ami au-
tliori/.injj said collector to lluisli jiin collec-
tions, and dircctin-; a stay of execution

Resolve for the i)ayinent, ont itf i lie pruvincc treasury,
of certain con< to l-Mward NVin;^

Resolve directing tiie coinniittee nnpointed to visit
the island of Chappeiiniddick to ascertain
the boundary between Uarnstaldi!, Sandwich,
and Fainiotitli, adjoinin;,' Mashptie .

Resolve crantinir tiie petitions of Eldad Taylor and
.Joseph Williams, and lakin^olT certain taxes
and laying thcin upon oilier towns .

Resolve empowering tile town of Al'ington to accejit
of Isicholas Shaw as constable, in the place
of Abraham Beales

Resolve empowering the assessors of Brirafield to ap-
portion a tax. on tlie inhabitant i of thedis-
trictset off therefrom, and enj'iining the said
inhabitants to jiay, and tlio collectors of the
south precinct to collect, the same .

Resolve directinji South Brimtield to pay £5, Us. as
their proportion of tiie county tax, and pro-
viding for the assessment and collection (if
the same

Resolve remitting taxes laid on plantation No. 4, and
superseding executions for tiie same

Resolve directing order of notice, to the town of Pow-
nalborough, ui)on the petition of William
Bacon and others

Resolve exempting certain residents on Kennebec
Riverfront being taxed in the town of I'ow-
nalborough, and vacating taxes already
assessed

Resolve empowering James Karswell to finish his
collections of taxes in the first parish of Kit-
tery

Resolve increasing the gratuity to the Stockbridge
Indians, and appointing a committee to re-
ceive the same

Resolve increasing the grant to the Sto<kbridge Indi-
ans, and directing the whole grant to be paid
over to Timothy Woodbridgo ui>on his giving
bond, &c., anil "for settling tiie titles of claim-
ants (jf lands under Indian deeds .

Resolve vesting the proprietors of Yokumtown with
the privileges of proprietors of common lainls
in new townships, and providing for the call-
ing of a proprietors' meeting . . . .

Resolve granting £ii,'-'.s. •.•(/. to the town of Cireenwii h,
and adding the same to the tax on Belcher-
town

Resolve remitting a tax on the town of Lincoln and
laying the same on the town of Lexington .

Resolve for lending £;iftO to the town of Swanzey, und
providing for its repaymi-nt . . . .

Resolve ordering as.ses-.ors, &c , to make and return
lists of jiollsand estates in Bernanlston and
Hunistown, and staying executions against
constables, &c.. until the next session .

Resolve empowering the treasurer to direct all such
. bills of exchange as remain to be drawn un-
der said act, "To Jas]>er Mauduit Esq\ in
Lomfon "

Resolve empowering the .selectmen of .Salem to fence
across the highway, and the justices of the
peace, there, to appoint watches to prevent
the spreading of the small-iHjx

Sept. 27, 17^.5.
June 8, 17t",;5.

June l.'i, 17(1!.
Feb. in, ilea.
Feb. 2L 1763.

Juno 1.3, 176.1.

June l.l, 170.3.
June 8, 1764.

June 1.', 17(il.

Mar. 1, 1"(>5.
Oct. 2!>, 1765.
June 11, ITiIJ.

Feb. 17, Max
June l.'i, 1765.

Jan. •.', 17<ll.

Jan. 26, 17(.4.

Jan. a*'., 17<;i.

Fob. 1.'., 17a-..

Fob. 7. 17(V..

Jan. 21. 17<V|.

1122

Resolves.

List of the Resolves — Continued.

Acts relating to thb
general subject-matter.

Chapter.

SUBJECT OF THE RESOLVE.

786
78(J
790

791

801
863

866

806
806

866

800
800

867

808
809
871
872
873

874
876

870
527

1704-65 .

1764-65 .

1765-66 .

1765-60 .

1765-66 .

1705-66 .

1765-66 .

1705-00 .

1705-60 .

1705-66 .

1705-()6
1765-eO

1766-6(5 .
1766-07 .

Resolve empo-wering selectmen and justices of the
peace to fence across highways, appoint
watches, and take other measures to prevent
the spread of the sniall-pox ....

Resolve continuing until the tirst of September next,
the order empowering the selectmen of Mar-
blehead and the justices there, to take meas-
ures against the sjiread of the small-jiox

Resolve incorporating Dorchester-Canada into a town,
and granting the inhabitants leave to bring
in a bill accordingly, and ordering notice to
the proprietors of all lands lying within the
bounds tliereof . . . ' .

Resolve requesting the Governor to appoint an able
mathematician to take an account of i:)opu-
lation

Resolve empowering the clerk of the proprietors off
Pequoage to make up back records . .\

Resolve on the petition of the second and third pre-
cincts in Stoughton, confirming an agreement
between them defining their boundary line .

Resolve ajiportioning taxes upon Stoughton and
Stoughtonham

Resolve granting Tyringham leave to return a list of
polls and estates

Resolve empowering the assessors of Shutesbury to
issue tax warrants for the year 17tj5, and au-
thorizing the constables there, to complete
their collections

Resolve autliorizing the town of Pownalborough to
choose a collector of taxes . . . .

Resolve authorizing the town (jf Freetown to choose
a collector of taxes ......

Resolve autliorizing Falmouth and Cape Elizabeth to
jointly assess their inhabitants and estates,
and directing their assessors to return lists of
polls and estates

Resolve granting £J00 for repairing the beach at
Plymouth, and api)f)inting a joint committee
to view the premises, and report the total
expense, and how it shall be ajiportioncd

Resolve directing Plymouth to raise £_()(), and ])rovid-
ing, in that case, for immediately repairing
the harbor of Plymouth

Resolve confirming the titles of the proprietors of
Mnrraytield, in certain proportions, upon
condition

Resolve accepting the report of the committee last
named, and setting off petitioners to the first
parish in Falmoutli

Resolve ordering notice to the first parish in Fal-
mouth on the petition of James Small and
otliers

Resolve on the petition of the first parish in Falmouth,
8us]iending th(^ operation of the declaratory
resolve, resjiecting liability for parish taxes,
until after the jietitioiicrs liave iiad opportu-
nity to 1)0 heard thereon .....

Resolve releasing sureties on the bond of .Jacob Fisk .

Resolve empowt!ring tlus assessors of South Brimfiidd,
to assess for arrears of exjienscs for the sujv
portof the ministry, incurred before the divis-
ion of the district, \-c., and to commit the
same for collection

Resolve on the petition of Ivhvard Webber, directing
him to advertise notice of his petition, re-
turnable at the next winter session

Resolve directing the assessors of Ncwbiu\v and New-
buryport to prepare and return a list of assess-
ments

Jan. 25, 1764.
June 8, 1764,

June 7, 1763.

June 3, 1763.
June 11, 1700.
June 18, 1760.

Feb. 18, 1762.
Oct. 30, 1705.
June 14, 1760.

June 24, 1706.
Nov. 4, 176().
Nov. 5, 176(5.

Nov. 7, 1766.

June 7, 1764.
June 22, 1765.
June 11, 1766.
Jan. 18, 1700.
June 16, 1768.

Apr. 16, 1770.
June it, 17()8.

June 11, 1707.
June 11, 1767.
June 14, 1706.

Resolves.

1123

List of the Resolves — Continued.

Acts relating to tbb
gbnkkal sl'bjkct-uattbb.

Chapter.

SUBJECT OF THE RESOLVE.

927
935

941

948

995

1005
1005
1005
1005
1005
1005

1006

1033

1038
1043

1046
1046
1049

1766-67 .

176<i-67 .

1766-67 .

1767-68 .

1768

1768
1768

1768
1768
1768

106

243

1757-58

1758-59 .

Resolve rcmittiiip; fine and Rianting £9 to IIoi)kinton,

Resolve erantin-,' £1,.{50 with interest, to Benjainin
flallow.-ll, Jr

Resolve ^raiitiiig pay to the committee api)ointed to
mquiro into the riots

Resolve grauting 4Ss. to Michael Daigle, an Acadian,
&o

Resolve for paying £"), '2s. Hd. for the bonelit of Francis
Lo Blanc, and for notifying Briinlield and
Sontli l!rinj(icl(l, &c

Resolve deducting £;i, 14.s. (></. from the tax iin (ircat
Harrington, and adding the same to the lax
on Shetlield

Resolve granting £98, 17s. towards building Plynioutli
lighrhouso

Resolve granting i>ivy, &c., to John Thomas, keeper
of Plymouth lighthouse

Resolve granting pay, <S:c., to .John Thomas, keeper
of Plymouth li.uditlionse

Resolve of the pinvincial congress, for removing the
lamps, oil, <S:c., from I'lymouth lighthouse

Resolve granting pay, &c., to John Thomas, keeper
of Plymouth lighthouse

Resolve granting pay lor services of John Thomas,
keeper of Plymouth lighthouse, to his execu-
trix

Resolve on the accejjted report of the committee on
the New Hampshire, Cnmiccticut, and Is'ew
York boundaries, requesting the Lieut (Jov-
ernor to prejiare a state of the controversy
concerning the boundaries between Massa-
chusetts, Connecticut, and New York, &c. .

Resolve directing that taxes be assessed on lands
lying in the iirst and seiond parishes in South
Hatlley, to th(! owners thereof, though resid-
ing in the other of said parishes

Resolve ordering notice on the petition of Ebenezer
Smith aiul others

Resolve ordering notice on the petition of Rcnjamin
Beal and others, and directing a stay of pro-
ceedings uiuler this act

Resolve empowering the assessors of Windham to
assess, for three years, one nenny i>er acre,
&c., and providing for the collection and the
appropriation of said tax

Resolve autiioriziug a tax of one (venny ner acre, for
three years, on lands in Ciiarlemont, and
providing for the collection and ajipropria-
tion of said tax

Resolve authorizing the province treasurer lo accept
certain securities of Aaron Willard, and
thereupon to deliver to him his bouil

June 18, 1767.
Juno 25, 17G6.
Mar. 17, 1767.
June 9, 1767.

June 24, 1766.

Mar. 10, 17G7.

Apr. 25, 1771.

Apr. 21, 1772.

Jan. 28, 1773.

July 2, 1775.

Oct. 6, 1775.

Feb. 2, 1778.

June 1, 1763.

June 9, 1762.
Apr. 10, 1770.

Apr. 12, 1771.

Mar. 4, 1768.

Jan. 24,1764.
June 12, 1766.

Declaratouy Rksolves.'

Resolve declaring that it is the duty of towns to con-
tinue to provide for poor Acadians, notwith-
standing the removal of some from otiicr
towns •, , ,•

Resolve declaring that it is the meaning of this act
that the sele( tiuen of Boston are to begin
the work, and draw u|)on the treasury for
the same, as soon as the i)rop<).si-d sum to \te
raised by each lottery is rec<ived and paid
over to the town treasurer. [Sec 1756-56,
chap. 24.]

Feb. 15,1765.

Jan. 17,1787.

• Sec, aUo, Uesoltes of tub Couscit. under dat« of M«. 29, 1759, ud VoT«8 and Obdir. of tue Cooxco,
under date of Dec. 5, 1758, poit.

112i

Votes and Orders.

List of Declaratory Resolves — Continued.

Acts eelating to the
ge>'ebal subject-matter.

SUBJECT OF THE EESOLVE.

Pate.

Tear.

Chapter.

872

876

1765-66 .
1765-66 .

25 .
31 .

Resolve declaring that from the time the act of incor-
poration of Cape Elizabeth took effect-, all
the inhabitants were, and still are, held to
pay parish taxes there, and to no other parish.
[See Resolves of the Council, April 26,
1771]

Resolve declaring that by the act for dividing South
Brimfield into separate parishes, the inhabit-
ants of the west parish, are not freed from
any charges for the support of tlie ministry,
previous to said division, and previous to set-
tling a minister in the east parish .

Mar. 28, 1770.
June 11, 17C7.

Votes akd Orders.

1757-58 .

1767-58 .

1757-58 .

1757-58 .
1757-58

2 .
2 .

3, §4

7 .

Order empowering the assessors of thfe town of Leices-
ter and district of Spencer to assess the
inhabitants of " the Gore " lately annexed to
the district of Cliarlton . . . ■ .

Vote directing the province treasurer not to borrow
money or issue notes to be redeemed out of
the fund of £15,200, laid on the year 1757

Order directing the province treasurer to borrow the
additional sum of £15,200, &c.

Order abating £4, S.^-. •!(!. from the tax on the district
of Southampton, and laying the same on the
town of Northampton, &c

Vote for an establishment for the defence of the fron-
tiers of the province

Order appointing a committee to consider and report
upon the question of disposing of the inhabit-
ants of Nova Scotia, then in the province

Order on the petition of Duncan Campbell, allowing
him 42s. ^kL to reimburse liim his expense
in transporting and subsisting five children
from Nova Scotia

Order appointing a committee to consider and report
upon the question of disposing of tlie French
inhal)itants of Nova Scotia then in tlie prov-
ince

Order appointing a committee to consider and report
upon the question of disjxising of the French
inhabitants of Nova Scotia then in the prov-
ince

Order directing the committee appointed Feb. 21, 1757,
on the subject of the expense incurred by
the province in supporting tlie Acadians, to
sit lorthwitli, prepare accounts, and report,
&c

Vote appointing and instructing a committee to ascer-
tain tiie expense incurred iu supporting
Acadians

Order dire<ting that one family of Acadians be re-
moved from Slieriuini to Soutliborough and
tlicre sujiported, and that otliers remain in
Shcrborn . .

Order directing that seven Acadians be removed from
Ncedliam to Stoughton, and three from
Stoughton to Wrentham, there to be sup-
ported

Order appointing a committee to consider the petition
of Francis ISluis and others, Acadians, praj'-
ing relief

Order appointing Captain AVilliams in the i>lac6 of
John Clioate on the committee last men-
tioned

June 13, 1757.

June 16, 1757.
Aug. 31, 1757.

Dec. 2, 1757.
Jan. 21, 1758.

June 1, 1757
June 2, 1757
June 14, 1757.
Aug. 17, 1757.

Aug. 25, 1757.
Nov. 20, 1757.

Dec. 2, 1757.

Jan. 6, 1758.
Jan. 10, 1758.
Jan. 11, 1758.

Votes and Ouuers.

Votes and Orders — Continued.

irj:

Acts sblatino to tiir
gbnebal sl'bject-m atteu

Year.

Chapter.

SUBJECT OF TOE VOTE, ETC.

98
08

<.)8
98

99
99

100
100
100

100
100

101
101

101

1757-58 .
1757-58 .

1757-58 .

1757-58 .
1757-58 .

1757-58 .

1757-58 .
1757-58 .

1757-58 .

1757-58 .
1757-58 .

1757-58 .
1757-58 .
1757-58 .

1757-58 .
1757-58 .

1757-58 .

Order appointing a joint comraittco to consider tho
petition of Cliarles Muis, an Acadian, praying

relief

Order directing the province secretary to write to tho
selectmen of tin; towns to which certain peti-
tioning Acadians belong, notifying tlicni to
conform to theordersndative toliieirsnppori,
Order directing the province trcasiin^r to deliver to
the agents of Crov. Lawrence, account-* of tho
expense of supporting Aca<lians who have
come from the southern colonies, and to re-
quest payment thereof

Vole directing that dwelling-hon.ses lio provided and
other arrangements made for supporting Acjv-

dians in the province

Order appointing a committee to consider and report
upon a petition of Nathaniel liay Thomas
praying that his bond to the i)rovince treas-
urer for the employment of certain Acadians

may be cancelleil '

Vote appointing a committee to wait on Gov. Jmw-
rence in regard to the sujiport of the Acadians
who liave come from the southern govern-
ments, &c

Order on the memorial of Thomas Hutchinson, allow-
ing him £2, Vis. id. yearly for house rent of

Acadians

Order directing that tho bond of Nathaniel Ray
Thomas for the employment of Aca<lians be
cancelled, and that tlio selectmen of Eastoii
provide for said Acadians ....

"Vote appointing a committee to dispose of the boats
in wliich certain Acailians came from the

southern colonies

Order directing that Jacques Morris ami his family be
removed from I>3icester to lirooklield, there

to lie supported

Order permitting the son of Jacques Le Blanc to reside

in this provime

Vote for providing dwelling-houses for Acadians, and
for maintaining the sick and inlirm among
theju, and obliging the able-bmlied to main-
tain themselves ami their families .
Order allowing the selectmen of Milton to remove
five Acadians, there, to Wrentham, there to

be jirovided for, \c

Order api>ointing a committee to select a place of resi-
dence; for the family of Vincent, an

Acadian, formerly of Groton . . . •
Order appointing a committee to report upon the peti-
tion of Joseph D'Autremont, an Acadian,
praying that his fai.iily may be removed from

Medlield to Walpole

Order appoi*itiiig a committee to rejx.rt upon the peti-
tion of ilamnjon<l Tibido, an Acadian, pray-
ing for relief •

Order directing the committee appointe<l n|>on the
l)etitionof Joseph h'Autremont to consider
and report some method for easing llie prov-
ince of the expense of the »iipi>ort of the

Acadians

Order directing tlu; .selectmen of Dorchesti>r to supply

necessaries to Hammond Tibido . . .

Order for tho removal of Ac.Kliaiis from Me.lHeld to

Walpole as prayed for by Joseph D'Autn--

mont •

Order apix-inting a committee, with instructions, to
report measures tj) prevent further exixinso
on act-ount of the Acadians , . . .

Jan. 12, n-W.
Jan. 1.;, IIM.

Jan. 24, 175.H.
Mar. 18, 1758.

•Mar. 20, 17.j8.

Mar. 2;t. 17:>8.
Apr. 21, 175S.

Apr. 25, 175S.

Apr. 25, 1758.

Apr. 29, 1758
June 2, 1T5S.

June- 14, 1758.
Juno 15, 1758.
Jan. 2. 17.-iH.

Jan. 2, 17'
Jan. 2, 17.-.

Jan. 4, ITS'.i.
Jan. 6, 17yj

Jan. 6, 1750

Jan. 11. 17.VI.

1126

Votes and Orders.

Votes and Orders — Continued.

Acts kblating to the
genebal scbject-matier.

Chapter.

SUBJECT OF THE VOTE, ETC.

101

102
102

102

103
103

105

lOG
10(J
111

112

113
113

113
113
114

115

ik;

117
117

118

ll!l

Hi)

Hi)
11!)

1757-58 .

7 .

1757-58 .

7 .

1757-58 .

7 .

1757-58 .

7 .

1757-58 .

7 .

1757-58 .

7 .

1757-58 .

7 .

1757-58 .

7 .

1757-58 .
1757-5S .
1757-58 .

7 .

8 .
15 .

1757-58 .

15 .

1757-53 .

15 .

1757-58 .

IG .

1757-58 .

10 ,

1757-58 .

10 .

1757-58 ,

1(5 .

1757-58 .

10 .

1757-58 .

10 .

1757-58 .

10 .

1757-58 .

k; .

1757-58 .

10 .

1757-58 .

IT .

1757-58 .

17 .

1757-53 .

17 .

1757-58 .

17 .

1757-58 .

17 .

Order appointing a committee on a petition of Peter
Tralian praying to be relieved from the pay-
ment of liis note of £50

Order directing selectmen of Easton to provide for
the family of Charles Meuse, an Acadian

Order directing selectmen to guard against corre-
spondence between Acadians and Canada,
and to return lists of Acadians

Order rejecting report of a committee, and directing
selectmen to return lists of Acadians, &c.,
and providing for the publication of this
order

Order directing that the committee on the expense of
supporting the Acadians, consider and report
upon the Governor's message ....

Vote extending time for return of lists of Acadians,
by selectmen

Vote accepting report of the committee on distributing
Acadians, and appointing a committee to
make the distribution

Order appointing a committee on the Governor's mes-
sage of January 2-1, 1705

Order to abate poll taxes on Acadians in Falmouth .

Vote granting £300 to Gov. Pownall ....

Order postjioning consideration of a petition of the in-
liabitants of iMerryconeag Neck

Order referring to a joint committee, the petition of
the inhabitants of Merryconeag Neck, and
the answer of North Yarmouth, to hear the
parties and report thereon ....

Order gi-anting liberty to inhabitants of Merryconeag
Neck to bring in a bill in accordance with
their petition

Order appointing a committee to prepare an answer
to tlie Governor's message of Aug. 25 .

Vote appointing a counuit tee to prepare barracks for
1,000 men, and directing the commissary gen-
eral to provide necessary furniture and uten-
sils

Order granting £400 to the committee to prepare bar-
racks, &c

Order appointing a joint committee to present a mes-
sage froui the assembly to the Governor

Order appointing a joint committee to consider the
(lov(!rnor's message of Nov 20, and the let-
ter from the Earl of Loudoun, and to report
thereon

Order appointing a committee to consider the Gov-
ernor's ra(;ssage of Dec. 14, and tiie letter
of the Earl of Loudoun, and re|)ort, tlicreou .

Order appointing a joint committee to iire>ent a mes-
sage from tlie ass(^ml)ly to the Governor

Vote appointing a joint committee to consider ami
re|)()rt on th(! l(;tter of the Earl of Loudoun .

Order ai)])ointing a joint committee to [irescnl a mes-
sage from tlie asscmhly to the (iovcrnor

Order appointing ii committee to consider and report
on the pet ii ion of Cornelius Allen and others,
(Quakers, of Dartmouth

Order referring the ])ctition nf Jos(>ph Wing, a Quaker,
to tiie committi'c on the pt;tition of Cornelius
Allen

Order ajjuointing a joint committee on the petition of
Jos('i)!i Wing, a Quaker

Order granting £ i, '.)•!. 2(/. to .John Gorham for fees for
connnitiiug Quakers

Order directing notice, i^c, upon pc^lition of .Joseph
Wing and Melaliah CilTord, (Quakers, and
referring tiie same to liit; next assembly

Apr. 18
June 9

Oct. 0

Oct. 10

-Jan. 25
Feb. 7

Apr, 20

Jan. 20
Mar. 9
Aug. 24

Apr. 23,
June 14

Dec.

1757

Aug.

1757

Aug.

31,

1757

Aug.

31,

1757

Aug.

31,

1757

Nov.

20,

1757

Dec.

14,

1757

Dec.

14,

1757

Jan.

1758

Jan.

1758

Aug. 17

Aug. 23,
Jan. 31
Feb. 1

Feb. 2

1759.
1759.

1759.

1700.
1700.

1700.

1705.
1705.
1757.

1757.
1757.

U'u.

1757.
1704.
17(;4.

1704

Votes and Orders.

11 J

Votes and Orders — Continued.

ACTS RELATING TO TBR
UEKEBAL SUBJBCT-HATTKBc

Chapter.

SUBJECT OF THE VOTE, ETC.

119

1757-58

121 1757-58

122

127

127
127

127

128

132

133

135
135

136
136
136

138

140
140

140

140
141

141

142

1757-58
1757-58

1757-58

1757-58 .
1757-58 .

1757-58 .
1757-58 .
1757-58 .

1757-58 .
1757-68 .

30
30

30
30
30

30
30

1757-58 . 30

1757-58 .

1757-68 .

1767-68 .

Order grantinp £21 for tlie benefit of Moses Swift
upon his rec'oiiveyinj; liinil to Mflatiiih Clif-
ford, a (Quaker

Vote exeiiiptiii;^ all j)ersotiH on tlie nliinn list from
military cliitiis until Oct., I'riS, and reiniilinj;

lines for non-attendaiit-e, &c

Vote choosin;^ <-oll<'rt()rs of excisi-

Order disruissing tli(! jx^tition of Thomas Cri-rn and

otliers, Baptists

Order dismissing the i)ttiiion of .John Troiter, a Hai>-

tist

Order appointing a joint committee to ronsidcr the
Governor's me.ssape and liring in a bill to pre-
vent corruption, &e

Order instructing the committco on the (lovernor's

message, &e , to draught an answer thereto .

Order appointing a joint committee to present to the

Governor an answer to his message
Vote appointing a joint committee on the Governor's

message

Order appointing a joint committee to rejiort a plan

for finishing the Land Hank, &c.
Order directing committee on finishing the Land

Bank, to bring in a hill

Votes to raise men for tiie reduction of Canada .
Order appointing a joint committee to consider what
should be further done in relation to the ex-
pedition against Canada

Order appointing a jt)int committee to jiresent a mes-

sage to the Governor

Order acceiitiug report of a committee fixing pay and
bounty of men in the expedition against

Caiuida

Vote offering bounties to volunteers in the expedition

against Canada .•

Vote granting subsistence to enlisted soldiers until

thev receive the army allowance
Vote and order appointing a joint committee to re-
quest the Governor to issue his proclamation
to encourage the exixjdition against Can-
ada • •

Vote extending the time for enlistments, and the pay-
ment of bounties for the expedition again.st
Canada • . • • •, ^' * ,"
Order appointing a joint committee on the Governor s

message • •

Vote accepting report on furnishing outfit for the
men and providing for the pay of chaiilaiu
and surgeon.s in the expedition again.st Can-
ada . . • • • , • „■ ■ • ■
Order accepting account of James Uu.s.sell, coinmi.s
sioner of stamj) iluties . . . • •
Order referring the Governors mcswage to a committei'.

Order accepting the report of the committee that
medicine chests be provided for ti(e army

Vote apjdying fines of soldiers in 17.''-<ito raising men
for the expeilition against Canada .

Order appointing a joint coiumittee to present a mes-
sage to the (.lovernor . . . • •

Order accepting the report of a <ommittee that ven-
sels be provided to transport troops, and that
carriages Ikj iirovi<le<l to convey bag;:nge of
troops going i>y land . • , • , ■ ^ " i

Vote requesting the (Jovernor to inform the Geiienil
and the several colonels of the Province
troops that the pay of the troops will Iw con-
tinued until Nov. l.'>, 1T5.S . . • ■ , ■

Order appointing a joint committee to project llic
scheme of a lottery for the government .

Keb. 11, 1T»;5.

Mar. •>:i, IT.V*.
Mar. 17. W.V*.

Nov. 15, 17.-.L

Nov. 1.", 17.14.

Mar. 2.H, 1758.

Mar 24. IIM.

Mar. 24, 1T5.S.

Mar. 24. 17.'V8.

Mar. 10, 175S.

Mar. IS. 17.V5
Mar. i;J, 175*4

Mar. 14, 17.->s
Mar. 15, K.-ift.

Mar. 17, 1758.
Mar. 18, 1758.
Mar. 22, IT.VS

Mar. 22, 1758.

Apr. 21, 1738.
Apr. 22, 1758.

Apr. 24, 1758.

July 3, l-.-W
Apr. 28, 17:>8.

Apr. 2'.». 17M.

Apr. L".", 1758.

Apr. 23, 1758.

Apr. 20. 1758.

Oct. 12, 1758.
M»r. ao, 175S.

1128

Acts eklating to the
gbkekal subject-mattee

Tear.

227
227

228

1758-59
1758-59

1758-59

231
231
231

231

238
238

238,
23!) 1

1758-59 .
1758-59 .
1758-59 .

1758-59 ,

1758-59 .

1758-59 .
1758-59 .

1758-59 .

Chapter.

142 1757-58
142 1757-58

228 1758-59 .

229 1758-59 .

229 1758-69 . 8

229 1758-59

230 1758-59

23!)

1758-59 ,

23!)

1758-59 .

2!)

23!)
2-10

1758-6!) .
1758-69 .

2!)
32

1758-59 .

210

1758-59 .

241

1758-59 .

Votes aad Orders.
Votes and Orders— Continued.

SUBJECT OP THE VOTE, ETC.

Oriler appointing Mr. Hall a manager of the lottery
in the place of Mr. Tyng lottery

\ote directing the managers 6f the lottery to rendei-
tioT ^*'''°""*^ ^" ^^le treasurer for publica-

Order granting £2 17k 2^^." to John Gorham for appre:
heuding deserters . <»ppxe

Order appointing a joint committee to'devise means
^execute the Governors orders for rS|

Order ap]>ointing a joint committee 'to assist the
treasurer m borrowing money for the prov-

Vote electing guardians for the In.iians
Order app;unting a joint committee to report the conl
clition of the women and children lately
arrived, belonging to the army, and what
shall be done with them . J-' « '" >vuaT;

Votes accepting the report of the con.mittee on wol
men and children belonging to the army, ami
appointing a committee to request the Gov-
ernor to order them to be received in the bar-

secnr/tl ^^'''' ^"'^'"^^ «"'' ^^ endeavor to
secu e their siipport by the contractor for

Orrl^r . P'^o^ '«'ons for the army, or his agent .

Order to the committee ..n women and clfihlren of the
army, to sit again ■

Vote accepting report of the committee, and oVderl
to"sPn,-ri"* ^o'°'"i"ee thereby appointed,
to send away Avomen and children of the
army, and granting an allowance therefor

Order of notice to the first precinct in hI, ley on tl'e
petition of John Nash and others

Order appointing a joint committee on the petition of
tlie second precinct in Iladlev, &c.

Order acceptmg rej.ort on the petition of the sec-
ond precinct in Hadley, and granting the

tic n g t],e expense of the support of Daniel
Snmh equally between Iladley and Am-

Order granting "leav; to' Benjamin Houghton" and

others to bring in a bill . "

Older appomting a joint committee on the' petitions
Or,l«r ^^^"-'°i'Si' I^eonard and H.-njamiu Jacob
Order a.ldmg John Pushing to. the committee lasi

Vote choosing collectors fif excise '

Onlers '.lirccting ,.olle..tor of excise not to prosecute

•' "atlian Morion and John Dickin.sou for

liicach of exci.se law .
Orders .iu'ctinj. colk-ctor of exci.se not to prosecute

.Tf c xc'ilio Sv '""^ ''''''^"' ^^'•'^'P^ '°^ "'•«"*=''
Onler .lin-rting ..oUector of excise not to pros;cute
VntA .,•''■"■"""' <!re..n for brea.'li of ex(-ise law
Vote alh.wmg )a,ncl Clarke two per cent addil

'".'"■•il allowance, as collector .
Order remitting e.xci.se to I'iiiljp Ma.sters
Vote of t .ank.s to the (Jovcrnor, for his application to

tlie Crown for rcimbur.semcnt
Order appomting a joint committee to carry a message

10 iiio (lovernor . *'

Vote appoiniing a joint committee to'consider' and
report upon the Governor's mes.sage and ac-
<'"'Ml)aiiyiiig letters . . . ^ «uu uc-
Uider apixniiiing a joint committee to consider the
'.overnors messag.! ami stoppages in the
muster rolls, and rei)ort thereon .

Date.

June 15, 1758.

Oct. 10, 1759.
Apr. 17, 17G1.

June 8, 1758.

June 15, 17.58.
Oct. 10, 1758.

Oct. 5, 1758.

Oct. 7, 1758.
Oct. 10, 1758.

Oct. 13, 1758.
June 8, 17.58.
Jan. <), 1759.

Jan. 12, 1759.

June 8, 1758.

Jan. 20, 1759.

Feb. 2, n.W.
Mar. 20, 1759.

June 7, 175!).

June 7, 1759.

June 12, 175!>.

Jan. 24, 17(',ft.
Apr. 2(1, 17()0.

ISIar. 28, 175!).

Mar. 28, 175!).

Apr. 12, 175!).
Apr. 18, 17.")0.

Votes and Ouders.
Votes and Orders — Continued.

1129

ACTS BBLATINO TO TBB
OBNKRAL SUBJBCT-MATTBB

Tear.

Chapter.

SUBJECT OF THE VOTE, ETC.

242
243

243
243

336
33G
336
336

337

337
337
337
337

337

338

338
338
338
339

339

339
339

339

339
340

310
310

340

1758-59
1758-59

175.8-59 .
1758-69 .

1759-60 .

IT'tO-fiO .

1759-60 .

1759 60 .

1759-60 .

1759-60 .
1759-60 .

1759-60 .

1759-60 .
1759-60 .

1759-60 ,

Vote granting 3s. additional proiniums to ealiating-
nfticors

Order ac('e()ting report of coinniittcn on iiH's.s:ige to
tlio Governor, and appointing a coiuniittuo
to present the same

Vote extending tlio time for enlistments

Order extending the time fur drawing the lotteries
and disposing of tickets, and imthorizing
selectinen of Boston to cxiicnd the money,
raised hy lottery, for the l)uildiiig a wall, &c.

Vote granting £-'00 to (Jovernor I'ownall

Order remitting line on ilie town of Berkeley

Order remitting line and granting £10 to Townshend .

Order directing Mo.ses Furiuiiu and others, (Jiiakcrs,
to notify certain captains of the militia to
appear and answer at the General Court, and
directing the constables not to make distress
on snch Quakers, &c..

Order continuing assessment hy the sele<;tmen of
Littleton and empowering the constahle to
coUert the rates

Vote direiting constables, &c., not to distress for tax
on (Quakers, &c

Order appointing a joint committee on the petition of
Moses Farnura and others ....

Order directing tax collectors in Boston not to distrain
for the tax of IT.")'.!

Vote granting £i'Ail. l.?s. 4'/. to certain towns therein
named, ordering abatements to persons as-
sessed, and approjiriating balance of monies
collected of Quakers

Order dismissing the petition of Moses Farnum and
others

Order appointing a joint committee on the petition of
Hezekiah Hall of L'xbridge ....

Order directing a stay of execution against John Sher-
man, &c

Order dismissing the petition of Moses Farnum and
others

Order granting £20 to the town of Medway .

Order granting £10 to the town of Southborough

Order granting £8 to the town of Uxbridge .

Order directing ami empowering Hezekiah Hall, a
constalde of Uxbridge, to collect taxes on
Quakers. an<l allowing him his expen.ses ^ .

Vote directing and empowering constables of Ux-
bridge and Mendon to collect faxes on Qua-
kers, and allowing them their costs

Vote ordering tiie town of Hanover to pay £1'«, 2.-i. 4/.
to Sylvanus NVing

Vote referring consideration of the i)etition8 of Masea
Farnum and Samuel Aldrich to the next se.n-
8ion,and staying all actions in the meantime,

Vote granting amount of taxes laid on Benjanun
Thayer anil Job Hardy to Joseph Benson,
constable of Mendon , . . . ^

Order reviving petition of the town of Topstlehl. and
granting £10 to said town

Order directing Jona-s Houlton to notify non-resident
proprietors of New Salem to ap|>ear ami an-
swer at the (Jeneral Court . . . .

Onler appointing a committee on the i>etitlon of

.Jo.seph Houlton •

Order directing notice to non-resident proprietors of
plantation No. 2 to appear at the next se.<»*lon
of thctlcncral ('ourt to answer the petition
of Josepii Holdcn and others . . . .
Order referring to a joint committee the p.'titi.>n of
Joseph Holden and others . . . .

Apr. IH, 17.V.I.

Apr. 18, 17.VI.
Ai>r. 21, 1759.

Au(j. 27, 1757.
Apr. 24, IT(i<».
Oct. IM, 1T.V».
Feb. 2, lliU).

Feb. 9, 17«».

Feb. 12, 1760.
Feb. 12, 17<i0
Mar 21, 17ii0.
Mar. 28, 1700.

Mar. 2'.t, 17<i().
June 20, 1760.
Dec. 20, 1760.
Dec. 27, 1700.

Dec. 27, 1700.

Dec. 31, 17<K).

.Ian. 2, I'til.

Jan. 6, 1761.

Jan. If., 17f.l.

Jan. 19, 17C1.
Ajir. 17, 1761.

Apr, 20, 1701.

Nov. 2H, 1761.
Feb. 0, 1762.

June 9, 17».
Jan. 8, 1700.

0.t. 5, 1759
Jan. 0, 1700

1130

Votes and Orders.
Votes and Orders — Continued.

Acts kelating to the
general 8ubject-mattee.

Chapter.

SUBJECT OF THE VOTE, ETC.

340

341
341
341

341

341
342

342

342
342

342

343

343
343

343

■Mi

1759-60 .

1759-00 .

1759-60 .

1759-00 .

1759-60 .

]759-(;0 .

1759-()0 .

1759-00 .

1759-(;0 .

1759-60 .

Order accepting report of the comtuittee on the peti-
tion of Joseph Holden and others, and
directing a tax of ^ penny per acre to he laid
on lands of the non-resident proprietors, &c.,
for the support of a minister, and empower-
ing the inhabitants to appoint assessors and
collectors of said tax

Order directing notice to the town of Westminster to
appear and answer at the next session to the
petition of Joseph Miller ;uui others

Order reviving the petition of Josi^ph Miller and
others, and confirming votes. &c., of the
inhabitants of the district of Westminster .

Order directing notice to the resident proprietors of
Westminster, to appear at the next session
to answer the petition of tlie non-resident
proprietors, and slaying the sale of lands,
by the proprietors' committee in the mean
time

Order referring the further consideration of the peti-
tion of the non-resident proprietors of West-
minster, to the next session, and staying the
sale of lands in the mean time

Order referring to a committee, the petition of Heze-
kiah Gates and others, proprietors of the
district of Westminster . . . ...

Order accepting report of tlie committee on the peti-
tion of the proiirietors of Westminster, and
setting aside the tax on non-resident pro-
prietors

Order of notice to tlie proprietors and inhabitants of
the East Wing of Rutland to appear and show
cause, at the next session, on the petition of
Benjamin Hougliton and others

Order referring to a joint committee, the petition of B.
Houghton and others, and tli(; answer thereto,

Order accepting report of committee; on petition of B.
Houghton and others, and aj^pointing new
joint committee to view the premises and
rejiort

Order of notice to non-petitioning projirietors to
show cause at the next session on the peti-
tion of tlie inhabitants and proprietors of
Princetown

Vote empowering the assessors of Brinifi(.'ld, and tlie
assessors of Kutland, to assess the inhabit-
ants of Monson and Princetown, respectively,

Order referring to a joint committee, the petition
of Al)ija]i Mooie and otliers and the answer
thereto

Order accepting report of committee! and directing
tliat a tax of twopenre per acn; be assessed
forthree years on all the lan<ts in Princetown,

Vote granting tlie jxitition of Zacliariah llarv(\v, and
renntting the province tax on the district of
Prini(!town

Order of notice; to Zacliariah Harvey on petition of
inhabitants of Princetown ....

Order referring to a joint committee, petition of inhab-
itants of Princetown and llio answer of Zacli-
ariah Harvey

Order referring mcimorial of selectmen of Princetown
to the joint committee on liie i)etition of the
inhabitants of said Princetown . . .

Order accepting the rei)ort of tlie joint commit te^>n
the petition of the inliabilants of Princetown,
confirming ])roceediiigs at their ^larch meet-
ing, and direct itiy; tlie assessors to make a list
and valuation of estates there ....

Feb. 8, 1760.
Nov. 18, 1701.
Jan. 22, 1702.

June 5, 1762.

Sept. 16, 1762.
Jan. 20, 1703.

Jan. 29, 1703

Feb. 8, 1759.
June 8, 1759

June 9, 1759.

■June 4, 1700.

June 12, 1700.

Dec. 24, 1700

Dm-. 31, 1700.

Jan. 10, 1701.
Apr. 7, 1761.

June 9, 17i;i.

June 10, 1701.

June 13, 1761.

Votes amd Oiidkbs.
Votes and Orders — Continued.

1131

344

Acts rblating to the

OENKBAL SI'BJECT-MATTEBc

1759-€0

344

1759-GO .

344

1759-60 .

349

1759-00 .

349

1759-60 .

349

1759-60 .

350

1759-60 .

351

1759-60 .

351

1759-00 .

351

1759-60 .

351

1759-60 .

352

1759-60 .

352

1759-60 .

352

1759-00 .

352

1759-60 .

354
354

1759-00 .
1759-«0 ,

28
28

354

1759-60 .

355

1759-flO .

355

1759-60 .

355

175tW}0 .

355

1759-60 .

355
35(5

1759-60 .
175!MX) .

28
28

35G

1759-(» .

35G

1759-00 .

357

1759-60 .

;'.o7

1759-60 .

Chapter.

SUBJECT OF TUE VOTE, ETC.

Order of notice to tlie town and first j)ari.Hli of OcorRc-
town, to show cause at tlie ncxtsi'ssidU iipdn
the petition of the proprietors of Ne(;uas-
set

Vote empowering the luanagprs of the Siidhnry lot-
teries to ajiply i>art of the proccccls thereof
towards repairing two causeways iit Sud-
bury " .

Vote directing the commissary general to provide
fuel, &c., to 190 men of the Koyal Scots

Vote accepting report of committee on the Governor's
speech

Vote directing fliat notes hy the treasurer, to lenders
of money for bounties, hear date Feb. 1.1,
17()0

Order on tlie petition of Elnathan Rew and others
that tlie petitioners be annexed to the tipper
parish of Sheflield

Order granting liberty to the committee of Kennebec
Purchase, petitioners, to bring in a bill .

Order appointing a ji>int committee on the petition of
William Stoddard and others, late directors
of the Land liank, Occ

Vote accepting report of tlie committee on the Land
Bank, and appointing managers thereof

Vote authorizing the managers of the Laiid-I'ank
lottery to take unsold tickets and to account
for the same as therein directed

Order apjK)inting a joint committee on the petition of
Samuel Stevens, partner in the late Land
Bank

Order sub-itituting John Newman for Jerathmeel Bow-
ers on the committee upon the petition of
Samuel Stevens

Order accepting rei)ort of the committee on the i>eti-
tion of Samuel Stevens that the considera-
tion thereof be referred to the ne.xt ses-
sion

Order reviving the petition of Samuel Stevens and
appointing a new joint C(jmmittec there-
on

Order extending the time for carrying on the Land-
Bank lottery and directing the commissioners
to suspend their assessments ....

Vote choosing collectors of excise

Orcler granting Daniel Epes, Jr., collector of e.xci.se,
one per cent additional

Order remitting £5, Gs. M., excise, to Matthew I'af-
teu

Vote empowering Daniel Clark to finish hiscolkvtions
in the county of York notwithstanding the
division of .said county

Vote exempting Jonathan White from penalties, upon
his paying excise

Order granting .lohn Cushing, .Ir., collector of excise,
one per cent additional

Vote granting John Uemington, collector of excise,
one per cent additional

Vote choosing collectors of excise

Vote exempting John Larrabee f rom the pavment of
excise on liquors sold at I'lLstle \\ dliani

Order remitting province's part of fines laid on Jacob
Jov .......••

Order di.siharging .Samuel I>ee from the province's
part of tiie itenalty for sale of litpiorH .

Order discharging .Joseith (Mark fmm tin- province's
part of the penalty for sale of liipion* .

Order discharging .lames Saxton from the province's
part of the penalty for sale of licjuors

Juno 9, 175'J.

Nov. 6, 1759.
Dec. 24, 1700.
Jan. 25, 1700.

Feb. 13,1760.

Jan. 21, 1700.
Jan. 30, 17ti0.

Jan. 4, 17G0.
Feb. 8, 17(i0.

June 12, 1700.

Apr. 17, 1701.

Apr. 20, 1701.

Apr. 21. 1701.

July 7. 17<;i.

Nov. 2.^. 1701.
.Mar. 'J5, 1700.

June 11, 1700.

Dec. 22, 1700.

Jan. 10,

Jan. 14,

Jan. 17,

.Tnn. l'».
Mar. 2ii,

Apr. 18,

Feb. 6.

June IR,

June l."!.

June l.'f.

1761.

1701.

17G1.

1701.
1701.

1701.

1762.

17«J2.

17«a.

1702

1132

Votes and Orders.
Votes and Orders — Continued.

Acts eelating to the
genebal bcbject-mattebc

Year.

Chapter.

SUBJECT OF THE VOTE, ETC.

357
357
357
357
358

358
358

358

359
359

359
3(50
3(i0
3G0
361
361
3G1
3G1

361
362
3(J2
3G2

438
438

■138
438
4;!'.l

440

110

440

1759-60 .

17.59-60 .

1759-60 .

1759-00 .

1759-60
17.59-60

1759-60

1759-60
1759-60

1759-60
1759-60
1759-60
1759-60
1759-60
1759-60
1759-(iO
1759-60

1759-(;0
1759-60
1759-60
1759-(i0

1760-61
17(;0-(;i

i7(;o-(ii

1760-61

i7(;o-(;i

17()0-61

1760-61

Vote appointing joint committee on the Governor's
message . .

Order appointing a joint committee on the petition of
Charles Paxton .

Order directing the committee above named to sit
forthwitli

Order accepting report of committee on the petition of
Charles Paxton, and dismissing said petition,

Order empowering tlie committee appointed to lay
out streets in Boston, to make the alteration
asked for in the petition of James Dalton,
and also to consider the ])etition of Francis
Borland and others

Order of notice on a petition of Cornelius Tarbell

Order referring to a joint committee, the petition of
Cornelius Tarbell and the answer of Eben-
ezer Nourse and others

Order accepting the report of the committee and grant-
ing leave to Cornelius Tarbell to bring in a bill,

Order of notice on the petition of John Turner .

Order referring to a joint committee, the petition of
Jolm Turner and the answer or Timothy-
Fuller

Order referring consideration of the petition of John
Turner to the next session ....

Order granting leave to Daniel Farnham to bring in a
bill for a lottery, &c.

Order of notice on the petition of Nathaniel Bartlett
and others

Ordergranting leave to Nathaniel Bartlett and others
to bring in a bill

Order of notice on the petition of James Merick and
others

Order appointing a joint committee on the last named
petition and tlie answer thereto

Order accepting a report of the committee and dis-
missing the above jietition ....

Order referring to a joint committee, the petition of
liio inhabitants of the westerly part of Brim-
lield

Order accepting report of couiraittee and granting
petitioners liberty to bring in a bill

Order of notice to proprietors on the petition of the
district of Mf)nson

Order of notiie to non-resident proi)rietors, on the
petition of the district of Monson

Vote for enlisting .500 men to relieve the forces at
Louisbourg, &c., and providing for tlieir paj',
bounty, trausi)ortatioii, &c., and for the a])-
])ointmcnt of ollicers therefor ....

Vote dir(;ciiiig tho, secretary to i)re2)are a copy of a
hotter to Mr. Agent' Bollau . . . .

Order a[>|ioiniiiig a joint counnittiic on tho petition of
tlu; town of Falmouth for the division of tlie
county of Vurk

Order of notice on tli(! jietition last named to the
towns aiul districts in the county of York

V'ot(! aiipointing a joint coinmitlce on dividing the
county of York

Ordtjr dismissing tlie pc^tition of the aclectnieii of
Brunswick for defining the bounds of tho
county of Cnudiciiand

Order to tin; sccnitary to picj)are a draught of instruc-
tions to ]\Ir. Agent Trecotliick .

Vote granting £l,100to the town of Boston in lieu of
abat(^ment of tax on account of their losses
by Ww.

Order dircctiug stay of execution against John Sher-
man for £4, lOs. '.id. tax

Mar. 25, 1760.
Apr. 24, 1700.
Apr. 24, 1760.
Apr. 25, 1760.

Dec. 27, 1760.
Jan. 12, 1759.

Mar. 19, 1759.

Mar. 23. 1750.
Feb. 13, 1759.

IMar. 9, 1759.

Mar. 23, 1759.

Apr. 18, 1700.

Jan. 9, 1760.

Apr. 18, 1760.
June 7, 1759.

Jan. 14, 1760.

Jan. 17, 1760.

Apr. 19, 1760.
Apr. 22, 1760.
June 12, 1762.
Jan. 13, 1763.

Ai)r. 2(i, 1760.
June 20, 1760.

Jan. 22, 17(K).
Feb. 13, 1760.
June 10, 1760.

June 16, 1761.
June 20, 17()0

June 19, 17()0
Dec. 27, 1760

Votes and Orders.

ll;i:i

Votes and Orders — Continued.

Acts relatino to tub

OBNKRAI. subject-matter

Year.

Chapter.

StTBJECT OK THE VOTE, ETC.

440
441
441
441
441
441
442

442
442
442

443

444

444
444
444
445
445

445

1700-«1
17liO-Gl
1760-Gl
1760-61
17(30-61
1760-Gl
171)0-61

1760-61
1760-(;i
1760-61

1760-61
1760-61

1700-61

443 1760-61

1760-61
1760-61

1760-61

1760-61
1760-61
1760-61
1760-61
1760-61

1760-61

16
16

16
16
16
16
16

Order graiitinf; £10 in remis-sion of a fine on tlie town

of Kayiiliniii

Vote einpowoiiii;^ Nelioiniali Curtin and John Snow

to collfft taxPH in llarps\v<'ll ....

Vote conliniiin^j tlio rhoico of Abiel Sadler as ron-

8tal>lo of rpion

Order granting £10 in rcnnssion of a fine on tlio town

of Faliiiouth

Order grantin;^ £12 in remission of a lino on the town

of llardwirk

Vote confirniini; .sales of land by the a-sse.ssor-* of

Falltown

Order discliar^'injj; the constables of Wreniham from
1751 to 17(»(), from taxes assessed ou polls and
estate-i set off to Ithodo Island
Vote grant ill u £^>0<) to (loveinor B<!rnard
Order dtMlariii<i; void certain lottery tickets .
Vote appointing a joint coinniittee on the Governor's

speech

Order referring to the joint committee on the Gov-
ernor's speech, petitions of Kdinund (Juincy

and others

Order referring to the next se.ssion, the petition of
.Tereiaiah and Samnel Osborne, and exempt-
ing the peiitioners from arrest, &c., in tlie

mean time

Order referring to the next session, the petition nf
Edinuiiil Quiiicy and others, and exciniiting
thv petitioners from arrest, &c., in the mean

time •

Order referring to the next session, the petition of
Stephen Whiting, and exempting the peti-
tioner from arrest, &c., in the mean time
Order referring to a joint committee, the iwtition of

,Iohu Phillips, .Ir •

Order referring to the next session, the petition of
Edmiiiul Qiiincy and others, and exempting
the petitioners from arrest, &c., in the mean

time •

Order referring to the next .session, the petition of
Jeremiah and Samuel Osborne, and exempt-
ing the petitioners from arrest, &c., in the

mean time . • ;

Order referring to the next session, the petition of
Stephen Whiting, and exempting the peti-
tioner from arrest, &c., in the mean time
Order appointing .lohn Cashing upon the committee
on the petition of John Phillips, Jr., in plare

of Stephen Sewall •

Order referring the i>etiiion of James Ilaywoojl to
the committee on the petition of John Phil-

lil>s. .Ir • • . . • ;

Order referring to the next ses-sion, the petition ol
Enos Ifow, and exempting the i>ctitloner
from arrest, &c., in the mean time . . .
Order referring to the next .session, the report of the
committee on the iH'tition of James liny-
wood, and exempting the petitioner from
arrest, &c.. in the mean time . . • •
Order referring to the next ses.sion. the r.porf of the
committee on the petition of Jolin I hiMips.
Jr., and exempting the petitioner from
arrest, &c., in the mean time . . • ■
Order referring to the next session the report of
the coinmittee on the petition of 1 honia>«
Walker, and exempting the Del ilJoner from
arrest, &e., in the mean time . . • •
Order referring to a joint committee, the petition
of Archibald Imw*

Dec. 'St, 17(».

Dec. :;i, 17110.

Jan. 21, 1761.

Feb. fi, 17(?2.

Feb. it, 1762.

Mar. :?, 1762.

Jan. 22, 1763.
Aug. 1.1, 17U».
Jan. 22, 1761.

Oct. 4, VO).
Oct. 4. 17.W.

Nov. 8, 1769.

Nov. 8. 17.V.).

Nov. 8, 17.V.I.
Jan. 4, 17(J0.

Jan. 10, 17tiO.

Jan. 10. 17iiO.
Jan. 10, 17(».
Jan. 11, 1760.
Jan. 11,17(».
Jan. Ill, 1760.

Jan. 21,1700

Jan. 22,1700

Jan. 23, 17(».
Mar. 22, 17i».

\\u

Votes and Orders.

Votes and Orders — Continued.

Acts kelating to the

GENERAL SUBJECT-MATTEE.

SUBJECT OF THE VOTE, ETC.

Date

Year.

Chapter.

145

1760-61 .

10 .

Order referring to the next session, the report of the
committee on the petition of Archibald Laws,
and exempting the petitioner from arrest,

&c., in the mean time

Mar. 20,

1700.

445

1760-61 ■.

16 .

Order referring to the next session, the petitions of
bankrupts, and exempting the petitioners

from arrest, &c., in tlie mean time .

ISIar. 26,

i7(;o.

44(3

1760-61 .

16 .

Votes referring to the next session, the petitions of
Thomas Cooper and Josepli Grunt, and ex-
empting tlie petitioners from arrest, &c., in

the mean time

Apr. 22,

1700.

44G

1760-61 .

16 .

Vote ordering the continuance of actions against com-
missioners, assignees, and former debtors, of
bankrajsts, until the next session of the Gen-

eral Court

Apr. 24,

1700.

44G

1760-61 .

16 .

Veto ordering the continuance of actions against com-
missioners, assignees, and former debtors, of
bankrupts, until the next session of the Gen-

eral Court

June 4,

1760.

44f.

1760-01 .

16 .

Vote ordering the continuance of actions against com-
missioners, assignees, and former debtors, of
bankrupts, until the next session of the Gen-

eral Court

Aug. 15,

17()0.

448

1760-61 .

17 .

Vote appointing a joint committee to bring in a bill .

Jan. 20,

1701.

448

1760-61 .

17 .

Order directing Jedidiah Preble and William Lithgow

to carry on the truck trade, &c.

Jan. 31,

1701.

449

1760-61 .

20 .

Order appointing a joint committee to revise the sab-

bath laws

Dec. 18,

1700.

44!)

1760-Gl .

20 .

Order directing the secretary to cause the bill for the
due observance of the Lord's Day to be

printed and distributed

Jan. 28,

1701.

449

1760-61 .

Order directing Samuel Parris to hold unsold lottery
tickets for tlie beneht of the town of Sudbury
and to repair causeway, &c., with the profits

thereof

Nov. 19,

1761.

449

1700-61 .

Order directing Samuel Parris to hold unsold lottery
tickets for the benefit of the town of Sudbury
and to repair causeway, &c., with the profits

thereof

Jan. 10,

1702.

450

1700-61 .

:;2 .

Order on tlie petition of Jacob Wendell appointing a
joint committee to view and make report
upon the streets in that part of Boston

destroyed by fire

Apr. 6,

1701.

450

1760-61 .

.■52 .

Order accepting the report of the committee last
uameil, and granting leave to the petitioners

to bring in a bill

Apr. ](i.

1701.

450

17(i0-61 .

■M .

Order of notice on the petition of sundry towns in the
county of Hampshire, for the division of said

county

Jar i5,

1761.

450

1760-Gl .

:v.) .

Order appointing a joint committee on the petition

last naiiK'd

Apr. 8,

1701.

450

1700-01 .

n.^ .

Order eiilaiLiiiig said committee

Apr. 9

1701.

450

1700-01 .

:i;{ .

Vote-acci'piing the report of said committee

Apr. 14,

1701.

450

1700-01 .

3:? . ■ .

Vote apjiointing Mark Hopkins, treasurer of the

county of Berkshire

Feb. 8,

1702.

451

1760-01 .

.•i4 .

Order appointing <i joint committee to bring in bills,

incorporating sundry towns ....

Apr. 7,

1701.

542

1761-02 .

;j .

Order appointing a joint committee to report amend-
nuMits to the bill fur drawing into the treas-
ury the province's share of the ]iarliamentary
grant, and accepting tlie report of said com-

mittee

Ai)r. 21,

1701.

542

1761-02 .

3 .

Order directing the secretary to write to Mr. Agent
Bollan to apjily iiarliamentary grant to the

payment of bilfs of excliange ....

July 11

1701.

543

1761-02 .

6 ,.

Vote emi)owering the j)r('cincts of Kchoboth to sell and

re-invest tin; proceeds of ministry lands

Mar. 28,

1700.

54.'!

170 Wi2 .

0 .

Vote grant ing leave for bringing in a biU for investing
money for the supi)ort of the ministry, in the

second precinct of Kehoboth ....

June 19

1701.

Votes and Orders.
Votes and Orders — Continued.

11. ^j

ACTS RKLATINO TO THB
GBNKRAL Sl'BJECT^MATTKB.

Year.

543
543
543
543
544
544
544

545

545
545
545
545
540
546
546

546

546
546
546

546

547
547
547

548

648

548

549
549
549

549

558

1761-G'J
1761-62
1761-62
1761-62
1761-62
1761-62
1761-<)2

1761-62

1761-62
1761-62
1761-62
1761-62
1761-62
1761-62
1761-62

1761-62

1761-62
17(;i-(!2
1761-62

1761-62

1761-62
1761-62
1761-62

1761-62

1761-62
1761-62

1761-62

1761-62
1761-62
1761-62
1761-62
1761-62
1761-62

Chapter.

20 .

21 .
21 .

23 .

24 .
24 .
24 .

24 .

24 .
24 .

24 .

25 .

26 .

28 and 29,
28 and 29,

SUBJECT Of THE VOTE, ETC.

Dale.

Order appointing a joint coinniittee on tlic pi-iiiion of
CoIdsprinL;

Order on tlie pciition of CoMsjirin;; t,'rantin;j llii- peti-
tioners leave to bring in a Itill ....

Order of notice on the petition of the town of Shute>>
liury

Order laying a tax of one penny per acre for Kcven
ycar.son llieuniini)rovf(l lands of Slniteslmry.

Order exi)laining the order of Jan. '.'T, 17<iJ, laying a
tax on niiinipro\-e(l lands in Shuiifslmry

Order on the petition of tlie town of Ilin-hani grunt- J
ing the petitioners leave ti> Itring in a hill, )

Order of notice to the town of Sudhury, on ilie peti-
tion of Elienezer Uohy and others of the east
congregation of Sndhnry

Vote remitting £'>l, \k. ~iI. tax, to the town of Rut-
land and adding the same to the tax on
Princetown for the year 1762 ....

Order taking off £21, ".».<. 8)7." from the-tax on Nali.k
and adding the same to the tax on NeeiUiain,

Order that £I-12, 5.v. .')</. he a.s.sessed on SnnderlantI
inst.Md of £207,5,s-. .5r?

Order that £J."):!, 1,'j.s. be assessed on Brooklyn instead
(if aW'A, 5s. ........

Order fixing the rate of assessment on the towns of
Brooklyn and Sunderland ....

Order of notice to the non-resident proprietors of
Ware-lliver parish

Order on the foregoing i)etition granting leave to t\)e
jietitioners to bring in a hill ....

Order granting the petition of tiie proprietors of
PhiUipstown and giving tiiem leave to bring
in a bill

Order referring to the next session, the consideration
of tlie bill to annul a division of common
lands in Pliillii)sti>wn, and directing public
notice to be given thercnf

Vote for engrossing the abo\e-nained act

Order appointing a joint cuniinittcc \>> bring in a bill .

Order referring to the conunittee last named, the peti-
tion of Edward Hart well and others

Order appointing a joint committee on the Governor's
speech

Vote choosing collectors of excise

Vote clioosing collectors of excise

Vote choo.sing collector of excise for the county of
York

Order remitting province's part of flue laid on
Thomas ^lerryman

Order remitting fine on, and authorizing collector to
discontinue suit against, Eliakim Sacket

Vote choosing collectors of exci.so

Order empowering the (;eneral Sessions in E-ssex
County, to grant a license to William Vans .

Order empowering the Ceneral Sessions in Essex
County, togr.int licenses to Benjamin Osgofxi
antl John Felt

Onler empowering the General Sessions in Mid.lleaex
County, to grant a licens*^ to Hugh Floy«l

Order empowering the deneral Se.ssions in Suffolk
County, to grant a lieen.so to David Thoniji.Hoii.

Vote choosing James Ku.ssell commissioner of im-
post • •

Order granting liberty to Benjamin Lyndu and otliera
to bring in a bill • •

Order appointing a joint committee to con.sider the
Governor's spee«h and mcvHage

Order granting £10 to John Wortliington for his ser-
vices a.s attorney for the Crown . .

Apr. 4. 17(il.

Apr. 16, 17(;i.

Nov. 26, 1761.

Jan. 27, 1762.

Feb. «, 17(k).
Apr. 8, 1761.
Apr. 16, 1761.

June 27, 1761.

Nov. 24, 1761.

Nov. 26, 1761.

Vvh. 2, 1762.

Feb. 16. MGl.

Feb. 16, 17(52.

June 2, 1761.

Nov. 17, 1761.

•Tune 4, 17iil.

July 9,
Nov. 2«i,
Nov. 17,

1761.
1761.
17iil.

Nov. 25, 1761.

Jan. 14,
Feb. 5.
Jan. 26,

May 28,

June 3,

Jan. 13.
Jan. IS,

1762.
17r,.'.

1763,

17G3.

MCA.
\-,iA.

Nov. I, X'iA.

Nov. 2, 17r4

Jan. 2.'>, ITiiS.

Feb. l-'i, 1765.

Feb. 5, 1702.

Jan. 22,1762.

Nov. 19, 1761.

Feb. 12,1702.

1136

Votes and Orders.
Votes and Orders — Continued.

Acts relating to the
general subject-matter,

Year.

Chapter.

SUBJECT OF THE VOTE, ETC.

550
559
559

560

5G0

561
561

562
562

562
563
564
564

564

565

565
565

565
566

566
5()6

566

1761-62
1761-62
1761-62

1761-62

1761-62
1761-62

1761-62
1761-62
1761-62
1761-62

1761-62
1761-62

1761-62

1761-62
1761-62

1761-62

1761-62
1761-62

28 and 29,
28 and 29,
28 and 29,

30 .

Vote choosing three persons to countersign the treas-
urer's notes

Order voting pay to the persons chosen to countersign
the treasurer's notes

Order granting £37, 8s. to John Ryder to reimhurse
him for money jiaid on a forged receipt of the
treasurer

Order appointing a joint committee on tlie petition of
Timothy Walker and others, assessors of the
first parish of Rehoboth . ...

Order accepting the report of the committee on the
petition of Timothy Walker and others, and
ratifying votes and doings of the first parish
in Rehoboth, and empowering the assessors
of the said first parish to assess certain
taxes

Vote accepting the report of the joint committee on
the affair of the Mohawks, &c.

Order appointing a joint committee to i-eport a plan
for redeeming captives in the hands of the
French and Indians, and for encouraging the
propagation of the gospel among the Indi-
ans

Order appointijig a joint committee on the petition of
Eleazer Wlieelock

Vote allowing Eleazer Wheelock to board, clothe, and
educate, six Indian children, and defraying
the expense thereof

Order granting liberty to Andrew Oliver and others
to bring in a bill

Order appointing a joint committee on the memorials
of Eleazer Wheelock and others

Order of notice to the town of Edgartown upon the
petition of Tisbury and Chilmark .

Oi'der appointing a joint committee upon the above
petition and the answer of the town of Edgar-
town

Order substituting John Clioate, for Benjamin Lynde,
on the last named committee ....

Vote accepting report of the committee on the petition
of Tisbury and Chilmark and granting the
petitioners leave to bring in a bill .

Order adjourning the terms of the court of sessions
and the court of common pleas in the county
of Hampshire

Order appointing a joint committee upon the petition
of iidiabitants of I'.iddcford . . . .

Order referring the consideration of the report of the
C()mniitt(;e upon the petition of inhabitants
of Biddcford, to the next session, and direct-
ing that notice thereof be published

Order appointing a joint committee upon the i^etition
of inhabitants of Biddeford ....

Order accepting the report of said committee and di-
recting notice of the jietition of Bidileford, to
be given to the several towns in the county
of York '.

Order of notice upon the petition of the town of
Wells

Order reviving the petition of the town of Wells and
referring to a joint committee, said petition
with the answers thereto

Order reviving the petition of the town of Biddeford
and referring to ii joint committee, sai<l peti-
tion with the answers thereto ....

Vote for engrossing the bill for granting bounties ui>-
on wheat and Hour

Order of notice upon the petition of the town of Tem-
pleton

Feb. 23, 1762.
Feb. 23, 1762.

Apr. 20, 1762.

Nov. 18, 1761.

Nov. 20, 1761.
Oct. 9, 1751.

May 29, 1761.
Nov. 14, 1761.

Nov. 23, 1761.
Jan. 20, ]76'->.
Jan. 21, 176:;.
Nov. 20, 1761.

Jan. 22, 1762.
Feb. 6, 1762.

Feb. 9, 17(i2.

Feb. 11, 17()2.
Mar. 27, 176L

Apr. 15, 1761.
June 11, 1761.

June 13, 17(il.
June 16, 1761.

Feb. 10,1762.

Feb. 11, 17()2.

Feb. 20, 17(i2.

Jan. 24, 1763.

Votes and Ordkrs.

ii:n

Votes and Orders — Contiiiueil.

Acts rklatino to the
uenkbal 8ubject-uattks.

Tear.

Chapter.

SUBJECT OK TUE VOTE. ETC.

567
5(57
5()8
5()8
5C8

G25
G25

625
625

626

627

G27
628

630

630
630

631
631

631

6:il

602
632
632
633

1761-62 .

171)1-62 .

17G1-02 .

17G1-G2 .

1761-G2 .

1762-63 .

1762-€3 .

1762-63 .

1762-63
17G2-G3

1762-63
1762-63

1762-63
1762-63
1762-63
1762-63

Onler imposing taxes upon lan<l8 in the town of Toin-
jiletoii

Order of notice on the petition of a coniiuittee of tin-
town and pronriotors of T.vrinnlmm

Vote choosiuvj Ja.s|ier ^iamluit apeiit for tlie province
at the court of Great Britain . . . .

Order appointing a joint comniittee to prepare in-
structions for the agent

Order accepting the report of the committee last
named and diret-ting that three copies of let-
ters to Messrs. Mauduit, Bollan and Jackson,
he made and transmitted

Order appointing a joint committee nj>on the petition
of the west wing of liuthiud . . . .

Order accej^ting rejjort of tlie committee upon the
petition of tlie west wing of Ilutlund and
authorizing the assessment of taxes upon the
lands of non-resident proprietois, &c. .

Order annexing hinds to the t>wn of Chestertield

Order granting £90 to Charles Harrison, with interest
thereon until June 20, 17i>4 ....

Order of notice upon the petition of the inhabitants
of Xcw Marbleliead

Order referring to a joint committee, the petition of
. tlie grantees of Kow Marblcheafl .

Order accepting the report of the committee on Ijie
petition of the grantees of Ne-.v Marbleliead,
and appointing • a joint committee to run
boundai^ lines

Vote directing the committee appointed to run the
hnes of Biddeford, Scarborough and Fal-
mouth, &c., and to fix the hounds of New
Marblehead, &c

Order acceiiting the report of a committee an<l estab-
lishing the hounds of New Marbleliead, &c.

Order for paying the expense of the lommittee ap-
pointed to fix the bounds of nine townsliips,
in the counties of York and Cuniberhmd

Vote accepting \he report of a committee and appoint-
ing a j(>int committee to prepare accounts
and instructions

.Order aiipoiutin^ Samuel Watts on said committee in
place of John Osborne

Vote requesting the Lieut, (lovernor to employ some
person to prepare accounts, to be sent to the
agent, and to have them and other papers
forwarded by the secretary; and that he
cause a separate account of tlie expenses of
the troops employed at Loui.sbourgand Nova
Scotia, to be jirepareil ami transmitted .

Vote reviving and continuing for three months the
power of the managers of the lottery

Vote and order jiostponiiii; the drawiii;,' of the third
class in the Land-bank lottery, and eiiipow-
eringtlie commissioners to hire money in c.ise
of a deliciency « .

Order granting £h per year to the town of Truro to re-
jiair their bi-aches and fences . . . .

Order for taking £21, •••*•. «}'/. from the tax on Natiek
for the year 1762, and adding the same to the
tax on Needliam •

Order remitting the fine of £10 laid on Sunderland
and Montague • •

Order remitting line and granting £0, 1.x. 5<i. to llop-
kiuton • • •

Order remitting line and granting £15 to the town of
.S<arbornugh , ;,r '

Order graniing province lands in the town of War-
wick, to the proprietors of Uoxbury-Canada.

June 10, I'ifcl.
Feb. 1, iTi;:;.
Apr. 23. 1763.
Apr. 2.", 1762.

Apr. 24, 1762.
Nov. IS, ITGI.

Nov. 25, 17GI.
Jan. 31, 17(i:t.

June 21, 1765.

Jan. 1.'. liyx

Jan. R, ITCl.

Jan. 20, 17G1.

Apr. 21, 1762.
Feb. 10, 17ai.

Feb. 15, 1763

June 18, 17(W.
Jane 18, 17(iO.

June 19, 17G0.
June 3, 1763.

Sept. 0, nts.
Jan. 18, 1763.

Jan. 20, 17G3.
May 31, 1763.
June 1, 176.1.
June 4, 1761.
Dec. 28, 1763.

1138

Votes and Orders.
Votes and Orders — Continued.

Acts bf.i,atisg to tbe
general scbject-mattek.

Chapter.

SUBJECT OF THE VOTE, ETC.

633

6;«

633

634

631
634

634

635

6115

fi.'lS
G',io

691
691

692

692
693
693

693
693
693
694
695

1762-63

1762-63
1762-63

1762-63 .

1762-63 .
] 762-63 .

1762-63 .
1762-63 .

1762-63 .

1762-63 .
1762-63 .

1762-63 .

1763-64 .

1763-64 .
1763-64 .

1763-64 .
1763-64 .
1763-64 .

1763-64 .

1763-64 ,

1763-64 .

Order granting leave to William Torrey and others to
bring in a bill

Vote choosing James Russell collector of impost

Order directing assessors of Dartmouth and Chihnark
to assess all cattle fouml and usually kept
■within the bounds of their respective town-
ships

Vote appointing a joint committee to devise a method
for preventing fires, from throwing squibs .

Order appointing a joint committee to prepare a bill .

Vote appointing a joint committee on the Governor's
message

Order accepting report and appointing a committee
upon injuries to the Indians of Martha's
Vineyard

Order accepting report of committee last named and
appointing a committee to receive deeds, and
establish boundaries, of lands of praying
Indians

Order accepting report of committee last named and
appointing a committee to prepare a bill, and
directing the secretary to record the deed,
&c. . .

Order appointing a joint committee to consider and
report upon the petition of Edward Wing

Vote on the report of the committee last named .

Order on the petition of Edward Wing, and the answer
thereto of Elisha Brown and Lot Nye .

Order granting Phiueas Lovet £18, 12s. Sd. for his ex-
pense in defending an action . . . .

Vote choosing a collector of excise for the county of
York

Order referring the complaint of Reubeu Cognehew
and others to the conunittee appointed to
visit the Indians; and fleferring the report
of the committee appointed to bring in a bill
amending the laws for the better regulat-
ing the Indians

Order reviving the report of the committee on the
petition of the Maslipec Indians, and for noti-
fying Mr. Hawley of a hearing thereon .

Order appointing a joint committee to bring in a bill
for the better regulation of the Mashpee In-
dians, and referring to them the report of a
former committee

Order granting a petition of Solomon Bryant and
others, and allowing to them £3, 12s. 8d. to
defray their expenses

Order empowering the general sessions for the county
of Barnstable to grant a license to Joseph
Doane

Order referring to the next ae.ssion, the petition of
Joseph Williams, and directing public notice,
and suspending assessments in tlie mean
time

Order referring to the next session, the petition of
Joseph Williams, and suspending assessments
in the mean time . . . . .

Order of notice on the petition of Eldad Taylor,
and suspending asse.ssments in the mean
time

Order referring to the next session, the petition of
Eldad Taylor, and suspemling asse,s8ments
in the mean time

Order ap]V)rtioning the expenses of the committee ap-
pointed to establish boundaries of townships
m the counties of York and Cumberland

Order remitting a, tine and granting £1.5 to the town
of Leicester, &c

Feb. 23,1762.
Jan. 26, 1763.

Jan. 21, 1763,

Sept. 17, 1762.
Feb. 9, 1763.

Dec. 23, 1760.
Mar. 27, 1761.

Jan. 25, 1762.

Feb. 15, 1763.

Feb. 11, 1763.
Feb. 11,1763.

June 3, 1763.

Feb. 26, 1767.

May 28, 1763.

June 18, 1761.
Feb. 21, 1763.

May 30, 1763.
May 31, 1763.
Oct. 20, 1764.

June 15, 1762

Sept. 17, 1762.

June 14, 1762.

Sept. 17, 1762.

Feb. 15,1763.
June 7. 1764.

Votes and Okdkus.
Votes and Orders — Continued.

11;J9

Acts bslatinq to tbb
gbneba.l subject-mattbb.

Chapter.

SUBJECT OF THE VOTB, ETC.

GOG
(i*.N)
GJ6

6yG

696

697

6<t7

697

698
698

698

698
699
699
700
700
701
701

702

782

783

783
783

783
784

785
785

1763-64 .
1763-64 .
1763-64 .

1763-64 .

1763-64 .
1763-64 .

1763-64 .

1763-64 .
1763-64 .

1763-64 .

1763-61 .

1763-64 .

1763-64 .
1764-65 .

1764-65 .

1764-65 .
1764-65 .

1761-65 .
1764-65 .

10
10
10

12
15

19
20

32
3

Order of notice on the petition of Brrnardston .

Order of notice on tlie petition of Dorchester-Canada.

Order remitting fine and {^ranting £10 to the town «if
Topstield

Order referring to a joint coininittee, a memorial of
Jolni Choato anil others

Vote aofcpting report of cominittet- last named and
ordering notice to the administratrix of Dan-
iel Applfton

Order appointing a joint committee to prepare a hill .

Order of notice on the petition of Elisha Doane and
otliers

Order appointing a joint committee on the |>etition
last named, and tlie answer llienio

Order granting tlie petitioners, lihertv to bring in a
bill ■ . . . .

Order referring a petition to a joint committee of in-
habitants of Boston, &c

Vote for choosing a commissioner of impost .

Order of notice <m the petition of inliabitants of " The
Waterside" in Newbnry

Order of notii'e on the petition of inhabitants of the
westerly part of Newbnry ....

Order referring to a joint committee the petition of
inhabitants of Newbury and the answer
thereto

Order accepting the report of the committee last
named, and ajipointing a joint committee to
view the premises, and rejiort ....

Order accepting the report of the committee last
named, and directing tiiem to bring in a bill .

Order for a liearing on the petition of Konkopot and
others

Order appointing a joint committee to inquire further
into the Indians' title to lands, &c. .

Order accepting the report of the committee on the
petition of the Stockbridge Indians

Order granting £1,0()0 to the use of the Stockbridge
Indians, on con(litii>n, &c

Order directing the deed from the Stockbridge In.lians,
to be recorded, &c

Order appointing a joint committee to consolidate the
laws for the preservation of deer and moose.

Order allowing 5 per cent to truck-masters . . .

Order atlirming the vote granting £26, 12«. to New
Salem and adding the same to the tax on
Sunderland and Montague . . . .

Order of notice on the memorial of the selectmen of
Sunderland, and siis]>fnding the order to lay
an additional tax upon Sunderland and Mon-
tague ,". XT j"

Order reniittiug the tax laid upon township >o. 4,
for tlie vear 1764 _ •

Order suspending the tax on Oorham for the year 1 1<4,
and adding the same to thai town's tax for
the year 17(i«>, and staying execution in the
nieaii time • • •

Order referring the petition of Bernanlston, to the
next session, and staying the collection of
taxes in the mean time . . • • •

Order of notice on the p<tition of inhabitants of Por-
chester-Cana<la; and directing the ix-tiiioners
to return a list of tlieir polls and estates, to
the General Court at the next May session .

Order appointing a joint coniinittce to prepare a gen-
eral bill relating to hiphways . . . •

Order of notice upon tii.- ix-tition of the proprietors ol
the mceting-honse in Newbury where the
Rev. .Jonathan Parsons ofBciates .

June 15,
Mar. 1,

17.rl.

1765.

Mar. 5,

KCfc').

Feb. 4,

1T<M.

Feb. 10,
Juno 2,

17(>3.
17U».

Jan. 20.

17G.1,

Juno 3,

1T6;J.

Juno 7,

17(i'».

Jan. 24,
Jan. 18,

17r>4.
17M.

June 10,

1763.

June 10,

1763.

Jan. 3,

1764.

Jan. 6,

1761

Jan. 20,

1761.

May 31,

1762.

May 31,

1762.

June 1,

1762.

Juno 2,

17(2.

Feb. 22.

176.1.

Dec. 23.
Oct. 23,

1763.
1761.

Jan. 7,

1761.

June 4.

17(4.

June 11,

1766.

June 20,

1765.

June 15.

1764.

Mar. 1,

1765.

Jane 3,

1763.

Jane 7,

1763.

1140

Votes and Orders.
Votes and Orders — Continued.

Acts relating to the
general sibject-mattee.

Year.

Chapter.

SUBJECT OF THE VOTE, <feO.

785
785
78G

786

788
789
789
789

789

790

<91

791

792
7y2
793

793

793
SGI
8G1

861
861

802
862
862

863
864

1764-65
1764-65
1764-65

1764-65

1764-65
1764-65
1764-65
1764-65

1764-65

1764-(J5

1764-65
17()4-65
1764-65

17()4-65

1764-65

1764-65
1765-66
1765-66

17(;5-66
171)5-66

1765-66
1765-66
1765-66

1765-66
1766-65

Order appointing a joint committee on the petition
last named, to hear the parties and report .

Order of notice on the petition of the inhabitants of
Bernardston

Order directing the selectmen of Marblehead to fence
across the highway, and empowering the jus-
tices of the peace, there, to take other precau-
tions against tlie small-pox, until the first of
June next

Vote appointing a joint committee to prepare a bill in
addition to the laws already made, for pre-
venting the spread of the small-pox, <S:c.

Order of notice upon the petition of the inhabitants
of Gorhamtown

Order of notice on a petition of inhabitants of Leices-
ter and Rutland

Order ai^pointing a joint committee on the petition of
the inhabitants of Leicester and Rutland, to
view the premises, hear the jiariies, and re-
port, &c

Order granting petitioners last named, liberty to bring
in a bill

Order adjourning the general sessions and court of
common pleas in the county of York

Order adjourning the general sessions and court of
common ]ileas in the county of Berkshii-e

Order on the petition of the jiroprietors of Royalshire,
granting them liberty to bring in a bill .

Order aiipointiug a joint committee upon the Gov-
ernor's message

Order accepting the report of the committee last
named

Vote choosing collectors of excise

Order remitting excise to Hewit Root ....

Order appointing a joint couimittee to bring in a bill
making further provision for tlie care of
persons neglecting their families and estates,

Order appointing a joint committee to consolidate the
laws relating to the preservation of alewives
and other tisli

Order appointing a joint counnittee to prepare a bill
for the more equal distribution of the estates
of absconding debtors, &c

Order appointing a joint committee on the bill for pre-
venting fraud in debtors, &c

Order appointing a joint committee on the petition of
the jtroprictors of Atlml

Order accepting tlie report of the committee last
named, and directing notice to be served
upon the i>roi>ri(!tor's clerk ....

Order referringtoajoint committee, the petition of the
])roprietors of Athol, and the answer thereto.

Order accepting the n^jxirt of the committee last
named, and directing Abraliani Hill, with
assistance, to complete the records .

Order referring to a joint committee, the petition of
the proprietors of Athol

Order on a ptjtition of Uw. projirietors of Athol, grant-
ing them huive to bring in a bill

Order accepting the report of a committee on the peti-
tion of Jose])h llewins, Jr., and others, and
erecting lanils in Stoughton into a stiparate
l)recinct .

Vote appointing a joint committee to layout a town-
ship, on tlie petition of Ebenezer Hunt and (
others j

Order of uotice on the petition of Edmund Quincy .

Dec. 29, 1763.
June 10, 1762.

Jan. 19,

1764.

Jan. 21,

1764.

Dec. 27,

1763.

June 9,

1761.

June 10,

1763.

June 14,

1764

Jan. 25,

1765.

Feb. 4,

1766.

Feb. 15,

1765

Jan. 28,

171)5

June 3,

1763

June 3,
Jan. 31,
June 12,

1763.
1765
1765

June 3,

1763.

Dec. 23,

1763

Jan. 22,

1766.

Mar. 6,

1765.

June 3,

1763.

June 9,

17t>3

Dec. 30,

1763

Jan. 6,

1764.

June 6,

1765

June 8,

17(«

July 2,

1740.

Dec. 6,
Jan. 6, 1
Dec. 24,

17:»

7;55-6
173<)

Votes and Orders.

Votes and Orders — Continued.

Acts relatiko to thb

GEKEBAL SUBJKCT-MATTEB.

Year.

Chapter.

SUBJECT OF THE VOTE, ETC.

D«to.

804
8&1
8))4

8(>4

8(i5

8C3

86fi
8G7

8G7

867

869

871
871
872
872
872
872

873

874

874
875
875

875

875
875
875

876

876
876

1765-66 .

17(55-66 .

1765-66 .

17(5o-6() .

1765-66 .

1765-66 .
1765-66 .

1765-66 .

1765-66 .
1765-66 .
1765-66 .
1765-66 .
1765-66 .
176&-66 .

1765-66 .

1765-66 .
17()5-66 .
1765-66 .

1765-66 .

1765-66 .
1765-66 .
1765-66 .

1765-66 .
1765-66 .

18
18

25
25
25
25
25
25

28
29
31

31
31
31

31
31

1765-66 . 31

Order accepting the plftt of a townslii]) laid out upon
the petition of Ephraiin Hunt ninl niliers

Order of noiico on the petition of the proprietora of
Huntstown

Order appointing a joint (•f>niniittf(' on tlie nieinorial
of th(^])r(i)>ri('tiir.s of Huntstown

Order substitulinj^ Jaincs Otis f.ir Williani Itratlle on
the ciinnniiit'c last naincd . , . .

Order appointin;^ a joint cuniiniltee to run tlie hounii-
ary lilies of Iluntsiown

Vote accepting a |)lan of Huntstown and continuing;
tlie titles of the jii-oprictors . . . .

Order remitting fine and granting £10 to Uxhridge

Order referring the petition of Tyringliani to the next
May session

Order appointing a joint committee on the petition of
Plymouth to view the premises and report .

Onler rejecting the report of the couimitlee last
named, and dismissing tlie jietition

Order enabling the iiroprietors of Windham to ex-
change land with llev. Teter Thaclier Smith .

Order on the petition of the proprietors of Murray-
field, granting them liberty to bring in a
bill

Order of notite to the second paiish in Falmouth, on
the petition of Ezekicl Ciishing and others .

Order ajipointing a joint committee on the petition
last named, and the answer thereto

Order of notice to the lirst parish in Falmouth, on the
petition of Ezekiel Gushing and others .

Order of notice on the petition of the inhabitants of
Cape Elizabeth •

Order referring to a joint committee, the petition of
Cape Elizabeth and the answer thereto .

Order accepting a rejiort of the committee on tin- jieti-
tion of the selectmen of Cape Elizabeth, and
the answer thenUo

Order referring to a joint committee, the petitions of
the lirst parish in Falmouth, and of the select-
men of Cajie Elizabeth

Order of notice, on the petition of the selectmen of
iS'orthborough

Vote choosing collectors of excise

Vote choosing commissioner of impost .

Order appoiriting a joint committee on the petition of
South Brimlield, to view the premises, and
report at the next session

Order referring to a joint committee, the report of the
committee last named, ami the answers
thereto .•,•,,•,■

Order accepting the report last mentioned, and declar-
ing void certain taxes of South r.rimtiehl,
and directing the collectors to proceed no
further .• ;

Order referring to a joint committee, the petition of
Joseph r.lodget and others . . . .

Order referring to a joint committee, the iietitlon of
inhabitants of South Urimthdd

Ortler accepting the report of the lommittee upon the
petition of inhabitants of South Hrimlield.
and granting the i>etitioners lil>erty to bring

in a bill , ' ■ ,' i

Order appointing a joint cnmmittec on the iwtition of

Orthodox inhabitants of the west parish in

Sonth Brimfleld • •

Order appointing a joint committee on the petition of

the west jiarish in South Brimfleld . . .
Onler dismissing the petition of ()rtli<Mlox '"l'n|>'«-

ants of the west parish In South BnmtleUl .

Jan. 19, 173G.

Jan. 23, 1703.

Jan. 26, 17G;1.

Jan. 27, 1703.

Jan. 2X, 1703.

June 18, nan.

June 24, 1766.
Mar. 9, 1767.
Feb. 6, 17V2.
Feb. II, ntV).
.Jan. 20, 1764.

June 2, 1764.
Juno 7, 1759
Jan. jr>, 17G0
Feb. 15, 1705
Feb. 2.'5, 1767.
June 20, 1767.

June 25, 1767

Apr. 17, 1771.

Feb. 5, 1768.
Feb. 11, 1766.
Feb. 11. 1766

June 7, 1764.

Oct. 27, 1704.

Nov. 2, 17W
Feb. 12, 17(i5
Jan. 30. 17G0

Jan. :U, 17615.

June 10, 1768
Juno 10, 17<JM
June 21, 1768

1142

Votes a>d Orders.
Votes and Orders — Continued.

Acts belatixg to thb

GESEBAL srBJECT-MATTEE.

Tear.

Chapter.

SUBJECT OF THE VOTE, ETC.

876 1765-66
924 1766-67

'j24
925

925
927
927
929
933
945
946
946

948

948
948

948
949

949

994

995
995

loor*

1003
1004
1004

1004
1004
1004

lOOl

1766-67
1766-67

1766-67
1766-67
1766-67
1766-67
1766-67
1766-67
1766-67
1766-67

1766-67

176G-67
1766-67

1766-67
1766-67

1766-67

1767-68

1767-68
17(57-68

1767-68

1767-68
1767-«)8

1767-68

1767 -(>8

17f;7-<i8
1767-68
1767-68

1767-08

Order dismissing the petition of the west parish in
South Briiiifield

Vote for engrossing the bill

Order appointing a joint committee to consider and
report upon the expediency of repealing the
act, respecting insolvent debtors

Order directing the jiistices of the superior court to issue
no warrants of attachment, against abscond-
ing debtors, &c., until after the present ses-
sion, except to those who had already apjilied

Order appointing a joint committee to bring in a bill
tor The repeal of the bankrupt act .

Order directing the addition of £25, 17s. Irf. to the tax
of Deerfield

Order suspending the collection of the province tax
on Gorham, for 1764

Order appointing a joint committee on regulating the
manufacture of potash

Order appointing a joint committee to report on the
laws respecting riots, &e

Order referring to a joint committee, the petition of
inhabitants, &c., of Ilichmont

Order of notice on the petition of inhabitants of the
westerly part of Townshend, &c. .

Order accepting the report of the committee appointed
on the petition of the inhabitants of Towns-
hend, &c., and exempting the petitioners
from future taxes, towards building meeting-
houses in Fitchburg and Ashburnham .

Order appointing a joint committee, to enquire into
the state of the ]irovince poor, in Boston

Vote choosing a commissioner of impost

Order for choosing commissioners for adjusting the
affairs of the Land Bank

Order of notice on the petition of Benjamin Hallowell,

Order appointing a joint committee, to appraise laud,
taken for a street in Boston, and to bring in
a bill

Vote referring the petition of Benjamin Hallowell, to
the next sesMon, and directing the committee
to prepare a bill in the mean time .

Order referring to the next session, the petition of
George Duncan and others, and ordering no-
tice in the mean time

Order of notice to non-residents, upon the petition of
inhabitants of Rutland

Order on the petition of inhabitants of Rutland, for a
tax of one jiennj' per acre, &c., and granting
petitioners leave to bring in a bill .

Order abating taxes on Winciiondon and laying the
same on other towns

Vote choosing a connnissiouer of impost

Order of notice on the jietition of Samuel Cobb and
others

Order appointing a joint committee on the petition of
Sannicl Cobb and others

Order accepting the report of the committee last
named, and directing the referees to report
at the next session

Order referring to a joint committee, tlie petition of
the inhabitants of Shrewsbury Lcjj .

Order appointing a joint committee to build a light-
nouse near Plymouth harbor ....

Order appointing a joint committee to prepare instruc-
tions for the committee appointed, to build
the lighthouse

Order accejjting tho report of the committee last
named and directing the manner of building
the ligbtbouse

June 21, 1768.
June 14, 1766.

Nov. 1, 1765.

Feb. 21,
June 17,
June 18,
June 20,
Oct. 19,
Out. 29,
Feb. 21,
Oct. 25,

1766.
1766.
1765.
1765.
1764.
1765.
1767.
1764.

June 24, 1765.

Jan. 5, 1768.
Feb. 12, 1767.

Mar. 20, 1767.
June 12, 1764.

Feb. 9, 1765.

June 25, 17()5.

June 6, 1764.
Feb. 17, 1767.

June 5, 1767.

June 10, 1767.
Feb. 11, 17tW.

Feb. 24. 1767.

June 3, 1767.

June 11, 1767.
June 19, 1767.
Feb. 24, 1768.

Feb. 24, 1768.

Mar. 1, 1768.

Votes and Oudeus.

1U3

Voiea and Orders — Continued.

Acts bblatino to thr
gknvbal 8ubject-uattkr.

Year.

Chapter.

SUBJECT OF THE VOTE, ETC.

1005
1005

1 05

1016

1006

1006
1006

1033
1033

1034

1034
1034
10;J5
1035

1035

1035
1036
1039

1043
1046
1046
1047
1047

17G7-68
1767-68

1767-G8

1767-68

1767-68
1767-68

1768
1768

1768

1768
1768
1768
1768

1768

1768
1768
1768

1768
1768
1768
1768
1768

Order tlirecting the impost ofliccr to supply Plymnuth
lifjlitlioiiso Willi oil, &c

Order apnoiiitiu}; a joint coimiiittct! to finpluy a li;;lif-
iiouso ket'piT, and iii'^trncting llicin to pn--

fiaro an advcriisciinMit of flic iTcriiii}; of the
iglitlionse, and how to sti'cr iliiTfliy

Vote appointing a joint coininitti-i! to take rare of
I'Iyinoiithli;;lithousi',aiuI lo r(-]iairandH«<;uru
t\w same

Order apjioiiitinf; a joint coniniiltee, on tlie Nnw
llanijisliire, Connecticut, and New York
lioundarics

Order accepting llutcliinson's report on the Itonnd-
ary coutrovcrsie.s, and directing it to be sent
to tlic province! agent in London

Order referring to a joint coniniittce the Governor's
message and acfonj|)an.\ iiig i>apcrs .

Order granting conipcnsation to Tlionia-i Iliitcliiii^on,
for pre|iariiig a statement of the boundary
controversies

Order referring to a joint coraniittee, the petition of
South Iladley and the accompanying papers.

Vote establishing a jiarishin tliedistrict of South Ilad-
ley, and deliniug its boundaries, upon certain
conditions

Vote appointing a committee to ascertain the damage
(lone to the frame of the tnecting-honse in
South Iladlcy, and to determine the amount
to lie allowed the second parish, for their
interest in the old inceting-huiise

Order annexing Joseph ami Josiali White and their es-
tates, &c., to the first pari-h in South Iladlcy.

Order of n( tice on the petition of the second pari.sh in
South Iladley

Order appointing a joint committee on the petition <»^
the second parish in South IIa<llcy .

Order referring to the committee appointed nt>on the
petition of the secoml parish in South Iladley,
a petition of inhabitants of the tirst parish,
&c. , •

Order accepting the report of the committee lant
named, and appointing a joint lommittee to
view the premises and settle the boundaries
between the districts of South Iladley, and
establishing the same as the boundary of the
parishes •

Order accepting the report of the committee last
named, and granting the petitioners liberty
to bring in a bill

Orders of notice on the i>etition of Obadiali Dickinson l
and others ■(

Order of notice on the petition of Nathan Cliapln and
others • •

Order of notice on the petition of Samuel Stillman
ami others, and directing a stay of proceed
ings uiuler this act

Order referring to a joint committee, the iwtltion of
Sanuiel Stillman and others ...

Order of notice to non-resident proprietors, on the
petition of the inhabitants of Windham

Order of notice to non-resident proprietors, on the
petition of Charleniont . . . . •

Order apiiointiiig a joint committee on the petition of
Charlemout •

Order accepting the report of the committee on the
petition of Charleniont, and granting a tax.
lor three vear<, of one pcrtny p<r ui n-, and
providing'for the appropriation and recording
of the same

June 15, 17<M.

Juno 15, 17i'>K.

Oct 20, 1T70.

May 28, 17G3.

Dec. 28, 1763.
Oct. 30, 17Gi.

Nov. 2. 17M.
.Ian. 2<;, 1702.

Feb. 20, ITGJ.

June 12, 1762.
Feb. 22, 1763.
June 13, 1767.
Jan. 14, 1768.

Jan. 18, 17(».

Jan. 20,1768

June 2, 1768
Mar. 17. 17(^
June i), 1707.

June 1, 1~(M.

Nov. 1.5, 1770.
Apr. 17. 1771.
June 2, 17<:7.
June 4, 1706.
Feb. 6, 1767.

Feb. 18, 17G7.

1U4

Votes ajsd Orders.

Votes and Orders — Continued.

Acts eelating to the

0ENEB1.L SUBJUCT-UATTER

SUBJECT OF THE VOTE, ETC.

Date.

Year. Chapter.

1048

1048
1048

1768

1768
1768

12 .

12 .
12 ,

Order confirming resolve on the petition of Eldad
Taylor and others, and appointing a com-
mittee

Order on the petition of the town of "Westfield, grant-
ing leave to withdraw

Order on the petition of John Ingersoll, granting him
leave to bring in a bill

June 14, 1766.
Mar. 10, 1767.
Juue 27, 1768.

RESOLVES BY THE COUNCIL.

118

1757-58 .

17 .

Resolve recommending the justices of the courts in
Plymouth, Barnstable and Bristol, to con-
tinue actions and suspend executions, against
Quakers, &c

Julv 12, 1757.

784

1764-65 .

4 .

Resolve that all bills of exchange for moneys remain-
ing in Mr. Mauduit's hands, be drawn upon
him iu London; and that the treasurer be
directed to transmit him a copv of this vote .

Jan. 29,1765

791

1764-65 .

28 .

Resolve requesting the Governor to direct the select-
men to number the persons in their respec-
tive towns and districts, Sec, and to order the
accounts thereof to be lodged in the secre-
tary's office

June 15, 1763.

874

1705-66 .

25 .

Resolve accepting the rejDort of the joint committee
on the petitions of the first parish in Falmouth
and of the selectmen of Cape Elizabeth, and
vacating the joint declaratory resolve of
Mar. 28, 1770

Apr. 26, 1771.

925

1766-67 .

5 .

Resolve declaring the answer of Judge Lynde, to the
order in council of Feb. 19, satisfactory, and
approving his conduct

Feb. 20,1766.

Declaratort Resolves of the Council.

237

1758-59 .

Resolve that any inhabitant liable to train, neglecting
to a]>pear at muster, after warning, will be
liable to the penalty in the act although he
sliould have enlisted in other military ser-
vice; and that such person so warned is not
at liberty to enlist in any other service than
that to which he is warned ....

Mar. 29, 1759.

VOTES AND ORDERS OF THE COUNCIL.

96
97

98
100
101
102

Vote advising and consenting to a warrant for paying
Samuel Chipnian £22, 5,s. Id. for conveying
Acadians Iroin Salem to Sturbridge

Vote advising and conseuf ing to a warrant for paying
£573, 9s 7<l. to the town of IMethucn and
twenty-eight other towns, for sujiporting Aca-
dians

Vote advising and (n)nsentiiig to a warrant for paying
£62, lO.s- Id. to tiio selectmen of Marblehead,
for supporting Acadians

Vote advising tlie (lovernor to object, to Governor
Lawrence;, against the coming of certain Aca-
dians into the jirovinco

Order directing the removal of Francis Meuse and
family from Tewksbnry to Danvers, thero to
be supjiortcd .......

Order ficccpting rejiort of the comndttee on the ex-
pense of supitorting Acadians, and directing
selectmen to lonforni themselves accordingly,

June 4,1757.

Dec.

1757

Mar.

1758

Dec.

1758

Jan.

10,

1759

Apr.

18,

1759

Votes A^'D Ouuers.
Votes and Orders — Continued.

1145

Acts bblatiko to thi
gsnbrxl bt'bject-uattkb.

Tear.

Chapter.

SUBJECT OK THE VOTE, ETC.

1757-58 .

1757-68 .

1757-58 .

1757-68 .

1757-58 .
1757-68 ,
1757-58 .

1757-58 .
1757-58 .

1757-58 .

1757-68 .
1757-58 .

1757-68 .

1757-58 .
1757-58 .

1757-58 .

Vote advising and consenting to a warrant for paying
£1, ;•.«. ti) Dr. E/.ckicl Ilorsi-y for ineilical
treatment of Acadiaiis, at Ilingliain

Vote advising and consenting to a warrant for tin;
payment of £4~H, •.'.<. 'M. to tlio selectmen of
the town of Boxford and liftecn otlier towns,
to reimbnrse tlieir expon.ses on account of
Acadians

Vote granting liberty to Aca<lians who mnintain
themselves and families, to reside anywhere
in the j)rovince

Vote advising that sick Acadians in thi- transports Im-
permitted to go on shore at Point Shirli-y

Vote advisingthat tiie subjei-t of (Jen. Amiierst's letter
concerning the Acadians recently arrived, be
referred to the General Conit, and recom-
mending the propriety of an assurance from
Gen. Amherst tiiat a commissary will be ap-
pointed to pay the expense, or that tlie prov-
ince shall be reimbursed

Vote advising the preparation of acconnts of the ex-
pense of the jirovince, and the transmission of
the same to the agent, with a letter, Ui solicit
reimbnrsement

Vote advising that it is inexpedient to grant passports
to Acadians desiring to go to St. Peter's, and
approving the draught of a letter to the
agent

Vote atlvising the Governor to recommend to the over-
seers of the poor in Boston, toin(iuire into the
circumstances, and provide for the support
of certain Acadians, i^tc, and to report t>> the
Governor and Council; also to a warrant for
paying saiil overseers £_'.t for the sujiport of
poor Acadians in Boston

Vote advising that the overseers of the poor in Boston,
be requested to continue their support of
Acadians until the House of Representatives
shall make further provision therefor

Vote advising that the overseers of the poor in Boston
supplv the necessities of poor Acadians,
there, lielonging to other towns, an<l submit
their accounts to the Governor and Council,
with the list of the towns to whi< h saiil Aca-
dians belong

Vote advising and consenting to a warrant for the
pavment of £17, Us. lOW. to Royall Tyler
for expenses (ui Acadians by order of the
Governor and Council

Vote advising and consenting to a warrant for the
payment of £14, l'!.'!. 4'/. to Benjamin Clark
tor house-rent for Acadians ....

Vote advising and ordering that the selectmen of Sa-
lem be directed to take care of Ann Meur*,
an Acadian, and transmit their accounts
therefor to the Secretary's office . . .

Vote advising and consenting to a warrant for the
payment of £".•, 11.'. r>'l. to the selecfmi-n of
Salern on a<count of Ann Meurs, an Acadian.

Vote advising that jiublic notice be re<iuired <if l>eli-
tious in )>ankrupt< y

Vote advising ami consenting to a warrant for paying
£4U0to Jacob Wendell, for building barracks,

&c ; • . •

Vote advising and consenting to n warrant for paying
£48 to .Jacob Wenilell, for building barracks.

Vote advi-sing the printing and distribution of 500
copies of the act for regulating the mibtia

Nov. 3, 17.V.I

Jan. 2'.i, 17(iO.

Juno 5, 17(iO.
Sept. fi, 1702.

Sept. C, 17(;2
Aug. 17, 17.1."
Aug. 24, 17t>.;.

Dec. I'.i 17t4.
Jan. '_'.'., 17G5

Oct. 3. 17ft5.

Mar. 12, 1766.
Mar. 12, 17(16.

Oct. 21. 17li7.

July 12, ITiRI.
June 6, I7.%H.

Aug. M, MSI

Mar. 0. 1758
Fob. 14. ITS*

1U6

Votes A^D Orders.

Votes and Orders — Continued.

Acts relating to the
gekeral subject-matter,

Chapter.

SUBJECT OF THE VOIE, ETC.

121

121
121

121
121
121
12 1

121

128
128

128

128
128

1757-58 .

17.57-58 .

1757-58 ,

1757-58 .

1757-68 .

128

1757-58 .

128

1757-58 .

128

1757-58 .

128

1757-58 .

128

1757-58 ,

18, §G

18, §6
18, §6

18, §6
18, §6
18, § G
1S,§G
18, §G
22

Vote advising and consenting to a warrant for paying
£16, 13«. to James Otis for bayonets for
Capt. Richard Baxter's comi^any'in liis regi-
ment

Vote advising and consenting to a warrant for paying
£49 to Samuel White for bayonets supplied
to the resiment of Cul. Eiiliraim Leonard

Vote advising and consenting to a warrant for paying
£182, 2s. 8d. to Jolin Ashley and others for
bayonets supplied according to schedule an-
nexed to the warrant

Vote advising against warrants for pay for bayonets
unless the captain or chief officer exhibit
particular accounts thereof . . . .

Vote advising and ordering that officers of nnlitia
make oath to their accounts of bayonets fur-
nished their men

Vote advising and consenting to a warrant for paying
£27i», 13s. to Peter Coolidge and others for
bayonets furnished their men . . . .

Vote advising and consenting to a warrant for paying
£58. 10s. to Nathaniel Coolidge and others
for bayonets furnislied their men .

Vote advising and consenting to a warrant for paying
£G7, 18s. to Thomas Cliute and others for
bayonets furnished their men ....

Vote advising the granting of permits to vessels
trans]iorting provisions, &c , for the army .

Vote advising the granting of a permit to the schooner
Young Eagle to transport provisions for the
army, &e

Vote advising and consenting to the granting a per-
mit to the sloop Adventure to transiiort
carpenters and stores to Albany, for the
army, &c

Vote advising and consenting to the granting a ]ier-
init to the sloop Wilmot to transport recruits
to Chignecto

Vote advising and consenting to the granting a permit
to the Schooner Peggy to transport cordage
to Halifax, for the navy

Vote advising and consenting to the granting a permit
to the brigantine Duke to proceed to Jamaica,

Vote advising and consenting to the granting a permit
to the ship Prince George to proceed to the
"West Indies

Vote advising and consenting to the granting a iiermit
to the schooner Elizabeth to transport jiro-
visions, tools, &c., to Portsmouth, for carpen-
ters in the service, &c

Vote advising and consentingto tlie granting a jierniit
to the sloop Cumberland, an<l anorlicr sloop,
to tran.sport artificers and materials to Chig-
necto

Vote advising and consenting to the granting a jiermit
to the schooner Rebecca to proceed to Ma-
deira, &c

Vote advising and consenting to the granting a permit
to the ship William to proceed to Lisbon,
&c.

Vote advising and consenting to the granting a permit
to the schooner Fair Lady to pro(^eetl to the
West Indies

Vote advising and consenting to the granting a permit
to the brigantine CharnjingMoUie to proceed
to tlie \\' est Indies

Vote advising and consenting to the granting a permit
to the snow Union to proceed to the West
Indies

June 8, 1758.
June 8, 1758.

June 14, 1758.

June 15, 1758.

July 7, 1758.

Oct. 9, 1758.

Oct. 14, 1758.

Nov. 4, 1758.
Mar. 15, 1758.

Mar. 15, 1758.

Mar. 17, 1758.

Mar. 17. 1758.
Mar. 17, 1758.

Mar. 17, 1758.

Mar. 18, 1758.

Mar. 18, 1758.
Mar. 20, 1758.
Mar. 20, 1758.
Mar. 20, 1758.
Mar. 20, 1758.
Mar. 20, 1758.

Votes and Orders.
Votes and Orders — Continued.

Ill

Acts relatiku to trr
obkbra.l sl'bjbct-uattbb.

Chapter.

1757-58 .

''2

1757-58 .

22 .

1757-58 .

22 .

1757-58 .

22 .

1757-58 .

22 .

1757-58 .

22 .

1757-58 .

22 .

1757-58 .

22 .

1757-58 .

22 .

1757-58 .

22 .

1757-58 ,

22 .

1757-58 .

22 .

1757-58 .

22 .

1757-58 ,

22 .

1757-58 ,

22 .

1757-58 .

22 .

1757-58 .

22 .

1757-58 .

SUBJECT OF THE VOTE, ETC.

Vote advisinR and consentiniz follic urantinea pormit
to tlio .•*»liooiic'r LydiliiKl to i)r()cee(r<niu tl.sli-
iug voyacjo

Vote advising and con,s»Miting to tin? granting a pcrinit
to the schodiier Mary to proceed on a tithing
voyago

Vote advising tlie granting permits to v&hscIs two-
thirds laden, before the embargo, wiili j»er-
ishable cargoes

Vote advising and consenting to the granting a iHjrmit
to tlie schooner Abigail to i)ro<eed to the
West Indies, &c

Vote advising and consenting to the granting a pennit
to the Brigautine Lynn to proceed to ihe
AVest Indies

Vote advising and consenting to the granting a permit
to the schooner Sarah to proceed to the We.st
Indies ' .

Vote ailvising and consenting to the granting a per-
mit to the snow Wellington to proceed to
Novi.s

Vote advisini; the granting permits to vessels bound
to Halifax witli provisions and stores for Jlia
Majesty's service, &c

Vote advising and consenting to the granting a ixTmit
to the schooner Industry to proceed to Hali-
fax .

Vote advising and consenting to the granting a i)ermil
to the brigantinc Antelope to proceed to the
West Indies

Vote advising and consenting to the granting a jtcrinit
to the sloop Butterfly to i)roceed to llhode
Island, <S:c

Vote advising and consenting to the granting a j>ennit
to the schooner Endeavour to proceed to Hali-
fax with stores, &c

Vote advising against imi)ressment of provisitms, and
embargo on vessels from the southern col-
onies

Vote advising and con.sentingto the granting a permit
to the snow Miisketo to proceed to the West
Indies

Vote advising the granting permits to return, to all
vessels bringing provisions from the southern
colonies

Vote advising antl consenting to the granting a permit
to the sloop Speedwell to proceed to Hali-
fax with pro'isioiis, &c

Vote advising and consenting to the granting a i^rmit
to the sloop Success to procee<l to Connecti-
cut, &c

Vote advising and consenting to the granting a permit
to tiie schooner Mayflower t<j proceed to
Halifax with provisions, &c

Vote advising the granting permits to certain veHseU
to proceed on lisbing voyages. &c. .

Vote advising the granting permits to all vessels, now
in port, en)i)loyed in the cod lisherv, &c., to
pursue tiieir voyages; and also to all whaling
vessels belongiiig to Nantucket

Vote advising the granting' in-nnits to all sl<x)p» nn.l
schooners carrying provisions to Nova Si-otia,
upon certain conditions

Vote advising and consenting to the grautinca i«;rmit
to the sloop Susanna to proceed to New \ ork,
&c • . • • •

Vote advising and consenting to the granting a iwrmit
to the schooner Prince George to proceed on
her tishing voyage

Mar. LV, 1758.

Mar. 20, IT.W.

Mar. 20, 1758.

Mar. 21, 1758.

Mar. 22, 1758.

Mar. 27, IT.W.

Mar. 27, 1758.

M»r. 28, 1758.

Mar. 28, 1758.

Mar. 2?>, 1758

Apr. 1, 175K.

Apr. 1, 17.'i8.

Apr. \.nrA.

Apr. 1, 175H.
Apr. I,i758.

Apr. 8. 1738.

Apr. 10, 17.VH

Apr. 1.'.. 1758

Apr. I'l, 175S

1U8

Votes ajsd Orders.
Votes and Orders — Continued.

I Acts eblatikg to the

GEX'EKAL SUBJECT-MATTER,

Year.

Chapter.

SUBJECT OF THE VOTE, ETC.

i;Jl I 1757-58 .

131 1757-58 .

I'M 1757-58 .

i;!l 1757-58 .

lol 1757-58 .

131 1757-58 .

131

131
132

133
133
138

1413

142

142
142

Z-i

227

1757-E

1757-58

1757-58
1757-58

1757-58
1757-58
1757-58

1757-58

1757-58
1757-58

1757-58 .

1758-51) .

17.')S-5'.) .

1758-5!) .

Vote advising and consenting to the granting a permit
to the schooner Swan to proceed on her fish-
ing voyage

Vote advising and consenting to the granting a percnit
to tlie ship Falmouth to proceed to the West
Indies with masts, &c., for the navy

Vote advising and consenting to the granting a per-
mit to tlie schooner Endeavour to proceed to
Providence, &c

Vote advising and ccmsenting to tlie granting a permit
to the schooner Broome to proceed to Lis-
bon

Vote advising and consenting to the granting a permit
to the schooner Three Friends to proceed to
Gibraltar

Vote advising and consenting to the granting permits
to the following ve^^sels'to proceed on their
A'oyages; viz , the siiiplNIoIiiieaux tothe West
Indies; the schooner Sea Horse to Newfound-
land; the snow Tliomas and Martha to the
West Indies; the schooner Endca\our to Lis-
bon; the schooner Jolly Eobiu to South
Carolina; and the brigantine Sea Horse to
Maryland

Vote advising the granting permits to all fishing ves-
sels manned by men belonging to certain
regiments

Vote advising the granting permits to all vessels, ujion
the master, &c., giving bond, &c. .

Vote advising the removing of the embargo .

Vote advising a proclamation recommending all per-
sons to conform to the requirements of the
expired act jiroviding for the reception, &.C., of
the troops, &c., and approving of the draught
of the same

Vote advising the issuing of warrants for impressing
carts, oxen and horses for the service

Vote advising the issuing of warrants for impressing
horses for the service, &c. ....

Vote advising and consenting to warrants for paying
bounties to volunteers in the expedition
against Canada

Vote advising that orders be given to Col. Fowle to
receive Gamaliel Smetiiurst into the service,
and if he refuses to attend his duty there to
commit him to Castle William

Vote advising a letter to tlie Governor of New Hamji-
shire to secure persons on board the schooner
Robin Hood

Vote advising against impressing arms, and that
orders be given to indtice soklicrs to carry
their own arms, &c

Vote advising a proclam;ition respecting deserters

Vote advising and consenting to a warrant for jiaying
£()5, ()«. 8(/. to Thomas Clap, for hiring men
for the army, in lien of Quakers

Vote advising and consenting to a warrant for paying
£200, to James Otis, for hiring men for* the
army, in lieu of (,>uakers

Vote advising and consenting to a warrant for paying
£2(5, 13.S. Ad., to ICzra Ilichiuond. for hiring
men for the army, in lieu of Quakers

Vote appointing a committee to bring in a hill, &c., to
jirevent desertion, &c

Vote advising the issuing a proclamation for appre-
hending deserters

Vote advising that taverners supply soldiers with pro-
visions, and be paid from the public treas-
ury

Apr. 21, 1758.

Apr. 24, 1758.

Apr. 27,1758.

May 4, 1758.

May 9, 1758.

May 12, 1758.

May 15, 1758.
May 2(1, 1758.

Sept. 8,1758.
Sept. 11, 1758.
Sept. 21, 1758.

]\rar. 27, 1758.

May 4, 1758.
May 12, 1758.

May 11). 17.-8.
May 2(i, 175->.

June 8, 1758,

June 8, 175S.

June 8, n.W.
June 1, 1758.
July 25, 175S.

July 25, 17.").s.

Votes and OnnrRS.
Votes and Orders — Continued.

1140

I ACTS RELATING TO THE
GUiBBAL SUBJECT-HATTEB.

227

228
229

229

230

230
230
23f)

236

237
33()

352

363

439

632

634
691

1758-59

1758-59
1758-59

1758-59

1758-59
1758-59
1758-59

Chapter.

1758-59 .

1759-GO .

1759-60 .

1760-61 .

1762-63 .

1762-^.3 .

1763 -6i .

693 1763-64 .
697 1763-61

785 ! 1764-65 .

785 1764-65 .

21
2

23
3

SUBJECT OF THE VOTE. ETC.

Vote advisiuR and consent iiic to a warrant for pnvinK
£1 to Tlioinan lliili-liinson, for cxptmscs in

a]ii>reli<MidinK »lf:*<'rltT8

Vote advising that the ( lovi-rnor pive orders fur tisiii-;

a form of pay roll

Vote advisin^r that ilio Covernor order the selectmen
of 15o-!ton to send women, helonginf; to the
army, to New York

Vote advising the Governor to direct the selectmen of
Boston to obtain a list of the women. ther«!,
belon^inc^ to the army, in order totheir lieinj;
sent to New York and Halifax

Vote advisincj that recrn it ill'.; parlies in the regnlar
service, marchinR throticjh the province, are
inclnded in the act for providing, iS:c., for the
army

Vote advising that such parties ordered to any par-
ticular town, on said service, are also in-
cluded in .said act

Vote advising the Governor to issue a proclamation
em]iowering selei-tmen to j)ro\ ide for the
accommodation of such parties

Vote advising and consenting t<» a warrant for I'aying
£i:i'.i, 7s. 6'/. '■ij'iir. to the sele* tmcn of Boston
for providing, in the .almshouse, for women
and children of the army; ai;.l £121. 1:'j». 7f/.
for providing for them in the workhouse;
also £11, "s. Sil. to Samuel Procter for his
trouble with said persons in the almshouse;
and £10, «.\(/. to .Joseph Lasenby for his trou-
1)le with said persons in the workhouse .

Order directing the commissioners for settling the
Land Bank to transmit lists of names of
partners, (S:c., to the a.ssessors, &c., and en-
joining said assessors to transmit the same to
the seiTetary of the province . . . .

Vote advising the issuing fif a proclamation to en-
courage enlistments in the navy

Vote respecting military musters and trainings .

Vote advising and cuiiscming to a warrant for paying
£10 to the town of Townshcnd

Order referring the consideration of the i)ctition of
Sannicl Stevens, to the next session*

Vote advising the Governor to inform of.icers of the
provincial troops at Louisbourg, &c., of the
contents of letters of (Jen. Amherst, ami to
give orders to suspend enlistments

Vote advising the Governor to give orders for com-
l)leiing the eidistment of 500 men .

Vote accei)ling re|)ort of commiltee on the petitions
for a division of the iounty of York

Vote advi-ing and consenting to a warrant for £10 to
the towns of Sunderland and Montague

Vote advising and consenting to a warrant for £9, ISd.
5'/. to the town of lloiikinfon .

Vote foraioint committcetorevisethe temporary laws,

Order accei>img tli<! report of the committee on the
complaint of Keiiben t'ognehew and others,
and for appointing a joint committee to bring
ill a bill

Vote advising and consenting to the appointment of
commissioners for the Mashin-e Indian.s

Order permitting the inhabitant-! of Boston to be in-
oculated at I'oint Shirlev

Vote referring to a committee, ilie bill consolidating
laws concerning liichways . . . .

Vote refusing a second reading to a bill to erajxiwer
the proprietors of n iiieeting-honse in New-
bury to raise money, &e

Aug. 1, 1758.
Nov. 18, 1758.

Sept. 21, 175K.
Sept. 26, 1758.

Dec. 5, 1758.
Dec. 5, 1758.
Dec. 5, 1758.

Dec. 30, 1758.

Oct. 8, 1750.

Mar. 29, 1759.

Mar. 21, 1759.

Feb. 7, 1760.

Julv 11, ITfil

May 5, 1760.

May 17, 1700.

June 12, 1700.

May 31, 1763.

Jiino 1. I7(r«.
Feb. 1. ITtit.

Nov. 21, 1761.
June 15, 1763.
Jan. 21,17G«.
Feb. 15, 1763.

Jan. 25, 17G3.

1150

Votes and Orders.

Votes and Orders — Continued.

Acts relatisg to the
gexerai. srbject-mattbb

Tear.

Chapter.

SUBJECT OF THE VOTE, ETC.

798
8G5

925
f>2C

927
927
927
932

932

932
932

932

932
932
933

933
933

941

945
995

17&1-65
1765-66

I
:'25 1766-67 .

1766-67
1766-67

1766-67
1766-67
1766-67
1766-67

1766-67

1766-67 .

1767-68 .

Vote advising and ordering notice to be published of
the disallowance of this act . . . .

Vote advising and consenting to a warrant for paying
£16 to Sylvanns Wing ....'.

Order summouinf^ Judge Lynde to explain his conduct
in relation to the jietition of the creditors of
HeuryQuincy

Vote advising the Governor to sign a bill for the
repeal of tlie bankrupt acts . . . .

Vote advising and ordering notice of the disallowance
of the repealing act, to be published in the
Massachusetts Gazette

Vote advising and consentiiig to a warrant for paving
£10, 2s. Crl. to Sunderland ....".

Vote advising and consenting to a warrant for paying
£7, 5s. to Grafton ' ,

Vote advising and consenting to a warrant for paying
£50 to Gloucester

Vote advising the Governor to order the sheriff of
Suffolk and the jieace-officers of Boston, to be
vigilant in executing the laws and preserv-
ing the peace

Vote advising the Governor to issue a proclamation
requiring all justices of tlie peace and all
civil and military officers, to apprehend any
and all rioters, and promising a reward for
the discovery, &c., of any rioter, and a par-
don to such as should betray tbeir accom-
plices

Vote advising that some other method than the ap-
pointment of a military guard, would be
preferable for preserving the peace, and that
the justices of the i^eace, and selectmen of
Boston, be notified to appear, and be recom-
mended to enforce the law ....

Vote advising and ordering the appointment of a
committee to estimate the damages sustained
through the conduct of tlie mob

Vote advising the Governor to notify the colonel of the
regiment, and the captain of the Cadets, in
Boston, tliat their assistance would be needed
to preserve peace in the town ....

Vote advising the Governor to order out four com-
panies of the Boston regiment, armed and
accoutred, to patrol the town, at night .

Vote advising the Governor to order Col. Jarvis to
guard the Custom House

Vote advising the Governor that it is not expedient
to write to Gen. Gag(! or Lord Colville .

Vote advising the Governi)r to issue a proclamation
for apprehending the rioters of Aug. 26, and
offering rewards for detecting their leader
and otbers

Vote advising the Governor to direct the sheriff to
inquire into the escajjo of rioters from prison,

Vote advising the Governor, that it is not his duty to
issue his proclamation for the arrest of the
escaped prisoners

Votes advising and consenting to warrants for paving
£.{,194, 17s. iki. to Tliomas Hutchinson; £172,
4,s. to Andrew Oliver; £:>«."), ('>.s. lOd. to Heii-
jatnin Hallowell, Jr.; £67, Hs. lOd. to William
Story

Vote advising and ordering the publication of notice
in tlie Massachusetts Ciazette, of the disal-
lowance of this act

Vote advising and consenting to a warrant for paying
£11, 10s. for expenses of the committee,
&c

Feb. 3, 1768.
June 12, 1764.

Feb. 19, 1766.
June 25, 1766.

Feb. 3, 1768.
July 24, 1765.
June 19, 1766.
Jan. 6, 1768.

Aug. 14, 1765.

Aug. 15, 1765.

Aug. 15, 1705.
Aug. 27, 1705.

Aug. 27, 170)5.

Aug. 27, 17Ck"i.
Aug. 27, 1765.
Aug. 28, 1765.

Aug. 28, 1705.
Oct. 2, 1705.

Oct. 24, 17(>5.

Dec. 10, 170(>.
Oct. 15, 1767,
Mar. 11, 1767.

Votes and OitnFRs.
Votca and Orders — Continued.

ll.-^l

Act relatiko to tbb
crnekal subject-matter.

SUBJECT OF THE VOTE. ETC.

Year.

Chapter.

1044

1768

5 .

Order accepting the report of tlie cmnmitti-e on the
petition of Samuel Sfillmau and others, and
dismissing the petition

Apr. 25. 1771.

RESOLVES BY THE HOUSE OF REPRESENTATIVES.

140

782

940
940

JM7
947

996

102

1757-58

1757-58
1764-65

1764-65

784

17(>4-65 .

865

17G5-66 .

865

1765-66 .

865

1765-66 .

874

1765-66 .

926

1766-67 .

936

1766-67 .

940

1766-67 .

1766-67
1766-67

1767-68

Resolve on the petition of Duncan raiiipliell, allow-
ing him £5, O.s. 4(/. to reiiubiirse him hi-*
expense in transporting from Cainhridge a
nuiiilierof Acadiaua

Resolve remitting the value of stamps paid for, and
unused at tlie expiration of tlic Stamp Act .

Resolve granting £J(i, IJ.s. to New Salem, and adding
that sum to the next year's tax on Sumler-
land and Montague

Resolve 'frranting leave to the inhabitants of Now
Salem, to tax non-residont jiroprietors one
penny per acre

Resolve ordering the treasurer to draw bills of ex-
change, as by law directed ....

Resolve remitting taxes laid upon Bernardston in ITfi;!
and 1764, and laying the .same uiM)n other
towns

Resolve remitting ^xes laid upon Ilunt.stown for the
years YH'tl, 17(>'5 and 17(!4, and laying the
same upon other towns

Resolve apportioning the tax for 1765, on Bernards-
ton, lluntstown, Chesterfield and Cliarle-
mont

Resolve dismissing the petition of the first parish in
Falmouth

Resolve fi>r taxing several towns their lines, for not
sending representatives

Resolve to take action on the report of the committee
on the riots

Resolve that, in passing the bill for compensation
and pardon, the hou.se are influenced by n
regard to the King's recouimendaiion. a ilef-
erence to the opinions of natrons of the colo-
nies, in Great Britain, ami by a regard for the
preservation of peace and order, &c ; and
that their action is not to be drawn into a
precefieut

Resolve condemning the action of the sufferers, for
complaining to Great Britain rather than
applving to the assembly here, for redress .

Resolve declaring that the resolutions of the House
of Commons, as to thotendency of the resolu-
tions of divers a.ssemblies in America, do not
apply to tlie resolutions of this liouse

Resolve directing the commis.sary general to execute
the resolve of Feb. l.')

Resolve apportioning cost of support of .sundry Aca-
dians, in a tax on the towns to which they
were assigned • •

Resolve granting nu>ney to Timothy Paino and othen*.
on their petition, and taxing South Brimlield
therefor

Mar. 'JO, 1758.
Mar. 22, 1758.

Dec. :», 17»W.

Dec. .TO, 17(fc;.
Jan. '."S 17(;').

June 11, 17U'>.

June II, 17(u

June II, 17tVi.
Apr. "Ji;, 177 i
June 5, 170ii.
June 28, 17G6.

Dec 5. 17GG.
Dec. 5, 17<iCi.

Dec. 5, 1766.
Feb. 20, 17ttJ.

June 27, 1766.
June 12, IT61.

VOTES AND ORDERS OF THE HOUSE OF REPRESENTATIVES.

1757-58

Onler postponing consideration of the report of the
committee on the expense of Bupporting the
Acatlians

Apr. 18, 1759

1152

Votes and Orders.
Votes and Orders — Continued.

Acts eklatixg to the
igeneral sibject-mattee

Tear.

Chapter.

SUBJECT OP THE VOTE, ETC.

170
139

237
240

363

55S

701

785

788

789
789
791
87.")
928
929
!):!(!
937

9;;8

938

947
'Ml

947
948

94S
948
91H

1757-58
1757-58

1738-59
1758-59

1759-60
1761-62
1761-62

1763-64

1764-65

1764-65
1764-65
1764-65
1765-66
176(5-67
176()-67
]7(;6-67

nm-r,7

1766-67

17(«)-67

1766-67
17(i<)-67

17()6-67
1766-67

1766-67
17(K3-67

1766-67

24 .

32 .

40 .

9 .
28au(i29,

30 .
7 .

13 .

17 .

18 .
28 .

31 .

Order empowering Jonathan Belding to bring an
action of trover, &c., notwithstanding the act
of limitation of actions

Vote to request the Governor to issue his proclamation
extending the time for paying bounties to
persons enlistitig for the expedition against
Canada; and to apportion tlie number to be
raised among the several regiments without
regard to such as are already in tlie service,
&c

Vote directing the province treasurer to pay the wages
of deceased soldiers to their widows

Order referring report on the Governor's message trans-
mitting letters of Gen. Amherst, to the next
session

Vote extending the time for the enlistment of 500 men,
to June 30

Order of notice on the petition of Dutch inhabitants of
Great Barrington

Order directing the attorney general to stay proceed-
ings on the recognizance of Thomas Noble
and Nathaniel Williams

Order for appointing a joint committee on a petition
of inhabitants of the westerly part of Lunen-
burg ' .

Order permitting the elders and members of the
Presbyterian church in Newburyport to bring
in a bill for taxing pews, &c

Vote on a petition of inhabitants of Gorhamtown,
allowing the petitioners to ]3repare and report
the draught of a bill

Order of notice on a petition of the inhabitants of
Middlesex

Order of notice on the jietition of Jaazauiah How and
others

Order for a joint committee to prepare an answer to
the Governor's message

Order for a joint committee on the petition of South
Erimfield

Order apjiointing a committee on the petition of
Joseph Wilder, Jr., and Caleb Wilder .

Order exempting six men in the employ of John
Mascarene, from impressment . . . .

Order api)ointing a committee to inqnire into the riots,
&c.

Order posti)oning the consid(!ration of the petitions for
indemnity for injuries by the riots .

Vote rejecting from the act of indemnity, &,c , a clause
ol)liging towns in fho future, to make com-
pensation for injnri(.'H caused by riots

Order directing the printers to jmblish' copies of the
bill and the agents' letters for the use of
the several towns

Order ajipninting a committee to inquire into the state
of tlie Acadians in this province

Order api>ointing a committee to prepare a resolve to
]ir('vent further expense on account of the
Acadians

Order appointing a committee to prepare an answer
to tlit^ Govcrniir's nit'ssage . . . .

Order appointing a committee to inquire as to the
liability of certain towns for the support of
Acadians

Order appointing a oomrnittee to inquire into the cir-
cumstances of Michael Daigle .

Order apjiointing aconnnitlce to iuiiuire into the au-
tJiorization of certain paynientsand exjienses,

Order for a joint commit t(!e to take care of the prov-
ince poor, in Boston, &c

Dec. 31, 1757.

Apr. 22, 1758.
Feb. 1, 1759.

Mar. 28, 1759.
June 17, 1760.
June 1, 1762.

Feb. 13, 1762.

June 3, 1763.

June 4, 17()4.

June 4, 1764.
Feb. 8, 176.-).
June 1?, 1762.
June 15, 1763.
June 16, 1763.
Dec. 12, 1755.
Oct. 20, 17.''>6.
June 28, 1766.
Oct. 30, 1766.

Nov. 2, 1766.

Nov. 2, 17()().
June 11, 1766.

June 18, 17()<>.
Juno 25, 1766.

Juno 6, 17()7.
June 9, 1767.
June 10, 1767.
Feb. 26, 1768.

Votes and Ordkus.

1153

Votes and Orders — Concluded.

Acts rklatino to thi
gbkbkal bubjkct-mattka.

SUBJECT OF THE VOTE, ETC.

Dale.

Year.

Chapter.

99G

1004
1044

17G7-6S .

17r)7-C8 .
17G8

8 .

19 .
5 .

Order laying a tax on the towns of Ncwburv and
Newhuryport

Order praiitiiiR leave to hrinR in a bill ....

Order for a joint coiuniiltco to bring in a bill, for re-
pealing tlii.s act

Jnno 11, \lin.
Feb. 1, IViW.

Apr. 25, 1771.

GENERAL INDEX

1155

INDEX.

ACADIA. (See Xova Scotia.)
ACADIANS. {See Poor.)
ACCORD POND. {See Hingham.)
ACCOUNT. (See Actiom.)
ACTIONS. (See Lawsuits, Limiiationi, Ser-
vice.)
of debt, detinue, account, covcnunl, cose, tro-
ver, aseumpsit, or on express con-
tract, attachment by trustee process,

bow made 168

certain, against commissioners of land-bank

scheme, forbidden .... 191

for trespasses against Indians .... 104

Indians nut liable tu uctiuns for debt, unless . 104

act to prevent unnecessary costs, continued . 370

ADMINISTRATORS. (See Estates of Per-

sona Deceased.)
ADULTERY.

act in addition to act against .... 622
AFFIRMATION. (See Oath.)
AGENT OF THE PROVINCE AT
THE COURT OF GREAT
• BRITAIN. (See Bills of Ex.
change. Parliamentary Grant,
Treasurer; Vote3 and Orders,
pp. 1132, 1137; Resolvks by thb
CotJNCIL, p. 1144.)
AIjE"WIVES. (See Fish, Hingham, Middle-

borough, Weymouth.)
ALIAS EXECUTION. (See Execution.)
AMHERST. (See Votes and Orders, p.
1128.)

district of, erected 173

to join with Iladley in choice of representa-
tive 173

ANABAPTISTS. (See Resolves, p. 1127;
Votes and Orders, p. 1143;
Votes and Orders oftdeCotju-
ciL, p. ll')l ; Votes and Ordebb
OF THE House of Repbesbnta-
TIVES,/J. 1153.)
exempted from ministerial taxes. ... 67
what prTsons to be accounted .... 68
APPRENTICE.

complaints by and against 1^9

enlisting, not to be deemed a deserter from hU

master 179

APPROPRIATIONS.

for billeting men in service .... 200, 529
bounty for enlisted men, 199, 216, 835, 427, 461,

529,639
bounty upon wheat and flour, 680, 727, 813, 882

956, 1015

campaign of 1760 679

of 1761 . . . 470, 539, 579, 603
of 1762 . . . 638. 603. 666, 680

APPROPRIATIONS-Cbn/in««<.

contlnginnxponwi, 19, 101, 461, 580, 667 ;i7,

813, 882, 9.'>6, lot 5

debu where no cstabllBhracDt. 18, 161. 200, 376,

460, 579. (Wi«, 727, 813. 8S2, 050, lOIi

expedition to Cunudu 101, 2(V), 370, 421, 400

expedition to Crown Point . . .18, 100

forts and garrisons, 18, 101, 370, 400, 570. 066. 72C.

813. 882. 950, 1015

grants, premiums, &c., 18, 101, 200. 370. 400, 579.

003, OOiJ, 080, 727, 812, 882, 9.'i6, 1014

hiring men In llou of Quakers . . . 190

loan to town of U<j»lon 21

munitions of war 101, 377

pay of members of housu of represonto-

tives and council, 18, 101, 200, 370, 4<X>,
580. 060. 727. 812. R82, loU
paying those who went to relief of Fort

William Henry .... 209. ."577
purchasing provisions, commlsaarlea' dls-

bursemenu, &c., 18. 161, 190. 216. 2C0,

376, 460, 620, 679, 660, 727, 812, 882, 056,

1015

redemption of government ■ccnrltloa. 470, 485,

623, 811, 880, 058, lirJO

trade with Indiana 427

vessels of war . 18, 161, 209, 376, 401, 680, 606
wages of persons In service, 161, 190, 268. 421,

427.402
ARBITRATION.

in bankruptcy proceedings 37

ARMS. (See SerHce.)

ARMY, (-^rf .Serrice.)

ARREST. (■?'<• Bankruptcy, Srrriee.)

ASHBURNHAM. (See Resolves, pp. 1122.

1130.)

Incorporated Into a town 790

part of. with parts of other town*, erected into

a town by the name of A»hby . 908

ASHBY. (See Votes and Oiiuens.p. 1142.)

erected Into a town 009

to Join with Towni-end In choice of rrprrsrolA-

Uvos SOW

ASHFIELD. (See Rksoltcs. pp. 1121. 1I»;
Votes AND Orders, /)/) ll4u. 1141,
1143; Votes ami orders or tub
Council, />. 11 M; IlfoLTr.s bt
THE IIuDsE or ICcrneiENTATire*.
p. 1151 ; Votes and orders sr tub
HorsE or RKrRcsBXTATirxs. p.
1153.)

erected into a town 811

additional act 1"' J

ASSEMBLIES. UNLAWFUL. (Se*/HoU.)
ASSESSMENT. (St* Cbmmon Lands, Taxtt,
TatuatUm.)

iia"

1158

Index.

ASSESSORS. (See Oath, Taxes, Tonnage,
Valuation.)
10 be chosen bj' inhabitants of plantations . 471
ASSESSORS AND COLLECTORS.
of ministerial and icli^ous taxes, how appointed
when iiiajoiit3' of town assessors are
Quakers ..... 180

ASSIGNEE. {See Bankruptcy, Trustee.)
ASSIZE, COURT OP. {See Superior Court

of Judicature.)
ASSIZE OF CASKS. {See Casks.)

of shingles, staves, hoops, and clapboardB . 574
ASSUMPSIT. {See Actions.)

ATHOL. (-See RESOLVBa.p. 1122; Votes and

OfeDERS,p. 1140.)
erected into a town ....
records of proprietors confirmed .
ATTACHMENT.

of goods and estate of absconding debtor, in the

hands of third parties
by order of justice of the superior court

further act

of estates transferred under bankinipt law, void, 404
ATTORNEY.

eheriflf, &c., not to appear as, except . . 175

534

803

168

777
804

42
780
39

BAKE-HOUSES.

in Boston, to be licensed 599

BAKERSTOWN. {See Townships.)
BANKRUPTCY. (See Votes and Orders,
p/1.1133, 1134, 1140,1142; Resolves
BY THE Council, p. 1144 ; Votes
AND Orders of the Council, pp.
114."), lloO.)

bankrupts.

act providing remedy for

allowance to 38

after obtaining certificate, to attend assign-
ees, to settle accounts ... 40
penalty for neglect .... 40, 41
after apprehension, how to have benefit of

act

death of

discharge of

future estate liable to creditors .

gaming by 39

how to plead discharge 38

in what cases persons adjudged . . 29, 30
may be examined on oath .... 31
may Inspect liis books and writings, when . 38
not to be allowed benefit of act, unless . 39
not to be secreted, on penalty ... 31
penalty for falsely swearing money due . 40
to be discharged from debts .... 38
to be free from arrest, when ... 33
to deliver hooks, &c., on oath, to assignee . 37
warrant for apprehension of ... 39
when deemed out of his majesty's protection, 31
wife of, may be examined . . . .32
may be imprisoned for refusing to an-
swer 32

assignees.

notice, meeting, choice 36

appointed Viy commissioners may be re-
moved by creditors .... 36
neglect of, how punished .... 36
new choice of, when to bo ordered by com-

mnnder-ln-chlef .... 36

to give notice of meetings .... 37

may be examined on oiith .... 37

proceedings for division .... 37

may submit dilferences to arbitration . . 37

Fccond dividend 41

altaclimentson estjites transferred under former

act made void 404

certificates under former act rendered valid . 404
commission not to issue on single debt less

than £50 40

BANKRUPTCY— Core^iwMecf.

not to abate by demise of the crown . . 42

fee for I'enewing 42

commissions begun, to be finished . . . 403
commissioners.

action against, pleadings, trial ... 42

appointment 30

empowered to finish their trusts . . . 403
expenses for eating and drinking at meet-
ings not allowed .... 41

grant of lands, &c. 42

lands fraudulently conveyed, how disposed

of 33

may examine on oath . . . .30, 31, 32
may issue warrants for breaking open

house, &c. 31

oath, how administered . . . . 41, 42
order, &c., good against wife or children of
bankrupt

pay

to account to bankrupt for estate .
to assign or dispose of debts due to bank-
rupt

to give public notice of persons declared

bankrupt

to pay surplus of estate to bankrupt .
creditors petitioning for commission, to prose
cute at their own cost till assignees

are chosen

debtors of bankrupt, not to be endangered fo

bonajidc payments to . . .35
fraudulent consent to discharge ... 43, 44
money forfeited under act, how recovered, 34, 35
persons committing perjury in proceedings,

how punished 34

excepted from act 41

fraudulently claiming debts, &c., how pun-
ished 34

giving credit to bankrupts, bona Jide, may

prove claims 43

Intrusted with and concealing estate, how

punished 34

petition, proceedings 40

holder of security may join in ... 40
private agreement with person suing out com-
mission 40

purchaser of land for valuable consideration . 43

record of proceedings 41

BAPTISTS. {See Anabaptista.)
BARGAIN AND SALE.

at fairs, regulated 677

Index.

1159

BAKNSTABLE.

act to iJievont Injury by cntllo, gt<j., at Sandy-

iifck lucuJuw in, rt'iiuwcU . . 419
act to prevent injury by cattle, SEc, on meadows

and beaches of 22

said act renewed 074

act relating to oysters in 743

said act rt-ncwed 091

regulations relating to hunting In . . . 814
BARNSTABLE COUNTY. (See General
jSfusions of the Peace, Inferior
Court, Superior Court of Jutlica-
ture ; also Votes and Orders, p,
1138.)
jail in, prisoners In, to be removed to Plymouth

jail, &c 1018

BASKET. {See Charcoal.)
BASTARD CHILDREN.

act relating to support of 178

said act renewed in part . , . . 920
BATTERYMARCH STREET. (See Boa-
ion.)
BEACHES. (.See BarnKtable, Chilmark, East-
ham, Pli/moHlh, Truro, Weiyieet,
Weill, Yarmouth.)
BEAVERS.

hunting of, regulated 690, 705

BECKET. (See Number Four, Resoltbs, p.
1121 ; Votes and Orders, p. 1139.)

town of, erected 817

BEDFORD.

Edward Stearns and bis lands annexed thereto, 900
BEEF. {See Casks.)
BEER. {See Excise.)

BELCHERSTOWN. {See Resolves, p.
1121 ; Votes and Orders, p. 1135.)

incorporated into a town 464

BERKSHIRE COUNTY. {See General
Sessions, Inferior Court, Superior
Court; Votes and Obdebs, p.
1134.)

erected 432

courts in 433, 466, 907

assessors of certain new plantations in, given

powers to levy on and sell lands . 633
BERNARDSTON. {See Resolves, p. 1121;
Votes and Orders, pp. 1139, 1140;
Resolves by the House or Rep-
resentatives, p. 1151.)

erected into a town 530

proprietors of lands, meetings regulated . . 723

additional act 736

BIDDEFORD. {See Pepperellborough.)

art establishing toll on bridge .... 1019
BILLERICA.

Edward Steams and lands set oflf from, to Bed-
ford 906

BILLETING. {See Service.)
BILLINGSGATE BAY. {See Eastham.)
BILLS OF EXCHANGE, PROVINCE.
{See Treasurer; Resolves, p. 1121 ;
Votes and Orders, pp. 1132,
1134, 1137 ; Resolves or the Coun-
cn,, p. 1144; Resolves bt th*
House op Representatives, p.
1151.)
to be drawn on the ntrcnts of the province, for
parliamentary granU, 468, 681, fl<B,
T1A.M6

BILLS OP PUBLIC CREDIT. (See Oalk,
Treanurer.)
of Coniiertlcut, New llumpthlrti and lUiodo
Inland, ucl In addition to former aot
for ]>ruvchilnK the currency of . 'iiO

not to bo received or paid ijj

further act y^j

BIRTHS. {Set Feet.)

BLACK-MAIL. (See Threatening LtUert.)

BOARDS. (See Clapboards.)

BONDS.

on vi'lluin, &o., not propt-rly atampcd, to be

valid )U

BONFIRES.

act to previ'iit, in HtreeU utul lane*, renewed, 7H, 017

BOOTHBAY.

erected intii u town 731

BOSTON. (See Bake-houtes, BuiMiny; CouU-

giiiun JUsraset, f'lineuit Hull, Eire,

Gun*, Ijotteries, hior. Purler;

Wood; Votes and Ordbrd, pp.

1129. 1132, 1142. and reference!

under Xoat Scotia.)
Neck, lottery eHtablUlied for pavement of . 222
Batterymarch Street, newly exnblUhcd, UJO

collectors of taxes in, enabled to Hue f(ir
and recover riles nnd taxes In cer-
tain cases Oi^S

said Oct renewed K.'.9

council and selectmen niitliorized to remove
buildings unlawfully erected un

burnt district 321

fines for neglect of jury -duty in, how applied . 31'J
fire-wards, six may be elected .... 001
land-bank coinmisHioner* to sit in . . . 19]
loan of £3,500, act reneweil .... V.>i

new streets in burnt dintrlct, how laid out . 320
damages for taking land, &o., huw aacrr-

talned WO

nuisances and incumbrances in I>ock 8<|uaro . 724
rebuilding part destroyed by tiro, regulations . 378

additional act 431

treasurer to receive sums ralsi-d by tottery . 223
watch establi^heil for safely and good order . 402

act renewed 081

BOSTON NECK. (.SV.- Boston, IjoUrrif;

Declaratory Rksolves, p. 1123;

Votes and Orders, p. 1129.)

BOUNDARY LINE. (.S" Resolves, p.

1123; Votks ANDOniiBRS.p. 1143.)

between Massachusetts and New
York. roninilxNtrle* a|i|>uinlrd to
settle WO

BOUND-BROOK ISLAND. (See Welt-

fleet.)
BOUNT Y. (See .ippropriationt, Quakrrt, Srr-

rice, Wheal.)
BOWDOINHAM.

Incorporated Into a townnblp .... WO
BBAINTREE.

act rel.itlni; lo Ashing In, renewed . . .430
BRANDY. (See ErrlM-.)

BRIBERY AND CORRUPTION. (Set
Votes ash Oni)rii». p. lli'7.)
act to prevent •

BRIDGE. (Set IjoUerit; Y<>rk. Omutf if; RE-
SOLVES, p. irJ); VoTKS AXD o».
DEM, pp. USl. 1133, 1144.)

1160

Index.

BRIDGE— ConWwMcd.

over Saco and Presumpscot Rivers in York

County 46

from Biddeford, act establishing toll . . . 1019
in Westfield, liow rebuilt .... 740, 1023
over Parker River, toll established . . . 1030
BRIDGES, PRIVATE.

act to regulate expense of, renewed . . . 530
ERIMFIELD. {See South Brimjleld ; Re-
solves,//jd. 1120, 1121.)
southern part erected into a district by the

name of South Brimfleld . . . 601

334

810
879

'BB.UJLFTEIaH— Continued.

westerly part erected into a district by the

name of Moiison

BRISTOL. (5<?e Votes and Orders, p. 1142.)
town of, erected in the county of Lincoln .
additional act annexing lands
BUILDINGS. {See Votes and Orders, pp.
1132, 1134.)
in Boston, regulations for, .321, 378, 379, 380, 431, 686
on wharf, bow constructed .... 380
erected contraiy to law, exempted from pen-
alty on certain conditions . . 380

CANADA. {See Lotteries, Quakers, Service;
Votes and Orders, pp. 1127,
112S.)
expedition against, acts relating to, 76, 86, 88, 157,
163, 191, 195, 215, 281
CANNON. {See Guns.)

CAPE-COD HARBOR. {See Provincetown.)
CAPE ELISABETH. {See Resolves, p.
1122; Declaratort Resolves, p.
1121; Votes and Orders, p. 1141;
Resolves by tue Council, p. 1144 ;
Resolves by the House of Rep-
resentatives, p. 1151.)

district of, erected 838

to join with Falmouth in choice of repre-
sentative 838

CARTER. {See acts relating to wood.)
CASCO BAY.

islands in, included in Cumberland County . 373
CASE, ACTION OF. {See Actions.)
CASKS. {See ImimH.)

assize of, act for regulating, renewed . . 324

act in addition to act for regulating, renewed 529,

974
gauge of, act to prevent deceit in, renewed 78, 617
of potash and pearlash, to be branded . 900, 975
CASTLE WILLIAM. {See Dorchester,
Fcrit, Service.)
enlistment for service at, from Dorchester, Wey-
mouth, and Charlestown, act re-
newed 370

CATTLE. {See Chilmark, Common Lands,
Edstkam, Fences, ffarwich, Plym-
outh, Pounds, Stock, Tishury, Titi-
ro, Wdlfiert, Wellx, Yarmouth.)
CENSUS. {See Resolves, p. 1122; Votes and
Orders,/). 1140; Resolves bythe
'CotrNciL, 75. 1144; Votf;s and Or-
ders OP Tin; House of Repre-
sentatives, p. 1152.)

of Province, to be taken 752

CHARCOAL.

nifulalicms as to baskuts 178

CHARLEMONT. {See Resolves, p. 1123;
VoTiis AND Orders, p. 1143; Re-
solves nv THE House of Repre-
sentatives, j>. 1151.)
plantation erecteil into a town by the same name, 816
adsesHors of, enabled to collect certain taxes . 1020
CHARLES RIVER.

re;;ulutlons relating to flshing ... 02, 779

CHARLESTOWN. {See Castle William,

Courts, Fire, Lotteries.)
CHELSEA.

small-pox hospital at Point Shirlej'
CHESTERFIELD. (.SW Votes and Or
debs, p. 1157; Resolves by the
House of Representatives, p
1151.)

town of, incorporated

CHILDREN. {See Jfinors.)

penalty for selling strong drink to
CHILMARK. {See Votes and Orders, pp
1138, 1142.)
act Impoweiing the assessors to apportion the
province, county, and town taxes
on the owners of stock kept in Chil-
mark and the islands adjoining,
though residents of Dartmouth, and

other towns

act to prevent damage to meadows and beaches,

act to prevent destruction of salt meadows in .

CHILMARK POND. {See acts concerning

Cliilmdrk.)
CHINA-WARE. {See Excise.)
CHRISTIANTOW^N. {See Votes and Or-
ders,/). 1138.)
Indian deeds to lands in, confirmed .
CLAPBOARDS, SHINGLES, STAVES
AND HOOPS.

assize of

cullers of lioops and staves, appointment, duties,
surveyors of clapboards and shingles, choice,

duties

vessels not to be cleared without certificate of

inspection

act renewed

CLERKS.

of proprietors of jilantatlons, to be chosen
CLERKS OF COURTS. {S,e Fees.)
to complete records within six months
justices to inspect conduct of ... .
papers left unrecorded by deceased clerks, to
be recorded, and charges paid from
the estate of deceaseii clerk
former clerks, if living, to defray charges of
recording papers left unrecorded .
surviving clerks to prosecute for and re-
cover such charges ....
COASTING-VESSELS. {See VetseU.)
COFFEE. {See Excise.)
COIN.

act ascertaining rates of legal tender . . .

573
E9

616
909

5V4
574

706
471

f.lS
C19

COl
662
662

618

Index.

1161

COLDSPRING.

phiiitation of, incorporated Into a town by tbe

uaiuo of Belcher's Town . . . 4(M
COLLECTORS OP EXCISE. {See Ex-
cine.")
COLLECTORS OF TAXES. (-Sm Boiton,
Kfwhurijport, Oath, Taxen.)
to be chosen bj- proprietors of plantations . 471
COLRAIN.

inccirpoi-ateil Into a town 460

COMMISSARIES-.

to settle boundary line between Massachuaetta

and New York 993

COMMISSIONERS OP IMPOST. (.See

Impost.)
COMMISSIONERS OP SEWERS. {See

Seicer-'i.)
COMMISSIONERS for settlement of
Land-Bank, or Manufactory
Scheme.

appointment 189, 919

powers 190, 919

COMMON PIELDS. (See Partition of
Lands.)
in Uampshirc County, regulations . 524, 679, 859
COMMON LANDS. (See Coparceners,
I'ences, Framingham, Partition of
Lands.)
proprietors of, provisions concerning . . 218

act renewed 530, 974

COMMON PLEAS. (See Inferior Court of

Common Pleas.)
COMMON ROADS. (See Ways.)

act relating to, continued 220

COMMON SEWERS. (See Drains, Sewers.)
CONCORD RIVER.

acts relaiins to fishing in .... 92,742
CONNECTICUT. (See Pills of Public Credit.)
CONSTABLE. (See Pees, Taxes, Towns.)

bow accountiible for certain misfeasances . . 190
may make forcible entry in search of deserters,

provided 156

CONTAGIOUS DISEASES. (See Re-
80LYES,/>p. 1121, 1122; Votes and
Orders, pp. 1139, 1140; Votes
AND Orders op the Cooncii.,
p. 1149.)
act relating to, renewed .... 278, 617

on vessels, how regulated 45

small-pox.

act to prevent further spreading in Boston, 6C8
regulations to prevent spread of, in all

towns and districts . . ... 723
inoculation in Boston, regulations . . 729
time and place of holding courts changed

on account of, in 1764 . . . 678
trials by jury continued from February to

August, 17M, on account of . . 685
CONTRIBUTION.

by legatees, devisees or heirs, to devisee or
legatee whose land or chattels arc
taken on execntloo against teaUtor, XU

CONWAY.

dtitrlot of, Incorporate*! (W>in tho •oath-WMt.

orly part of D.crn.ld . . . WiS
to Join Willi lv.rll.1,1 In choice of

rcpnxeniullvf 9.',5

COPARCENERS, joint tcnanta and
tenants in common.
act to prevent wante by, renewed, 78, 017
CORD-WOOD. (See ff'uod.)
CORN. (.SV,- Urain.)
CORONERS. (See Fee,.)

how accountable for certain nilnfeoaanocs . . 190

to serve certain executions 190

CORRUPTION. (See Briber]/.)
COSTS. (S' r .l.tioui. Fee,.)

In criminal prosecutions, how pal<l . . . 'M
of suit in trustee process against absent debtor, lOU
when the writ is drawn or fillnl by shrrllT, iic., 175
COUNCIL. (See Ontrral runrt, 'A/r<nior.)
councillors to Uike i.ath cotieernitr,' foreign bill*

of creilil 514, VSi

COUNTERPEITING. {.'iee ExcUe, Lot-
teries; Votes and Oruers, />.
U36; Votes am> Okuers or the
House or REPREsENTATirEs, p.
1152.)

act against, renewed 370

COUNTIES. (See Inferior Court, St$,ioH* of
the Peace, Superior Cmirl.)
two new counties erected in the easterly part

of the county of York . . . 372
COUNTY REGISTER. (S-e Regitteri of

D.fds.)
COUNTY TREASURER.

to take bond of clerks of rourt and registers of

probate 018

COURTS. (See Iti^ferior Court, ProbaU Court,
Record*, Sessions of the Peace,
Superior Court.)
Oct for more safe ki-cpin;; of records . . . 618
COVENANT. ACTION OF. (See Action:)
CREDITORS, (.v.. .htions, Ueblort.)
CRIER OF COURTS. (See Feet.)
CRIMINALS.

escaping from one colony to another, liow np.

prehon'led 1U24

CROWN POINT, EXPEDITION
AGAINST. (.*>■<■<■ Appropria.
lions, .NVrr/cf.)
provision for raislni; money for .... 160
CULLERS OF STAVES, &c. (See Clap.

CUMBERLAND COUNTY. (See Votes
AMD OiiDEit.H,///). 1132, 1138; Votes
AND Orders or the Coct<cil. />.
1149.)

erected and established 379

selectmen in, to prepare Jury IlsU . . .424

1162

Index.

DAMAGES.

for taking land for streets In Boston, how as-
sessed 378, 687

DAMARISCOVE ISLAND. (See ffarpa-

well.)
DANVERS.

district of, erected into a township ... 5

act disallowed 93

DARTMOUTH. (5ce Resolves,/). 1119.)

act relating to oysters in 743

said act renewed 991

act enabling proprietors to raise money and levy
taxes, and to sue and defend in cer-
tain cases 984

DEATHS. (See Fees.)

DEBT, ACTION OF. (See Actions.)

DEBTORS. (See Bankruptcy, Service.)

act fur the ease of prisoners for debt, renewed, 617
absent or absconding, goods of, how to be

attached 168

insolvent, act for securing the effects of, for

the benefit of creditors . . . 777

additional act 803

acts repealed 883

DEBTS. (See A/ipropriations.)
DECLARATION. (See Oath.)

in pleading, in action against absconding debtor,

how filed 168

DEEDS. (See Fecn.)

on vellum not properly stamped, to be valid . 86
DEER. (See Mooae, Nenncmcssct Island, Tar-
paulin-Cove Island.)
act for preservation and increase of . . . 683

time limited for killing 683

deer-reeves to be chosen in each town . . 6S3
by general sessions for new plantations . 684
act for preservation of, in Dukes County . . 832
act of 10 William III. repealed . . . .683
DEERFIELD. (See Conway, Shelburne ;
Votes and Orders, p. 1142.)
north-westerly part incorporated into a

district by the name of Shelburne, 1013
westerly part incorporated into a district by

the name of Conway . . . 955
both said districts to join with Deerfleld in

choice of representatives . 955, 1013

DEPUTY SHERIFF. (See Sheriff.)
DESCEN T. (See Kslntns of Persona Deceased.)
DESERTION. (Sre Service.)
DETINUE, ACTION OF. (See Actions.)
DEVISE. (Sie I'arldion.)
DEVISEE.

coiilribiilion by and in favor of .... 221
DISORDERLY PERSONS.

acts relating to, rctiowed .... 708, 920
DISTRACTED PERSONS.

act for relief of, renewed .... 78, 617
DISTRESS.

forfeiture levied by, in case of refusal to quarter

troops 48

penalties levied by 170, 179

DISTRIBUTION. (See Estates of Deceased

Persons.)
DISTRICTS.

act for better regulating . . . .468
to be considered as towns to all intents and
purposes except sending a repre-
sentative to General Court . . 463

may join in providing ferry 285

districts established:

Amherst 173

Cape Elisabeth 838

Conway 955

Egremont 286

Harpswell 46

Hubbardston 953

Lenox 905

Mashpee 640

Monson 334

Natick 526

New Marlborough 263

Northborough . . • . . .839

Oakham 571

Paxton 735

Pepperellborough 572

Princetown 266

Shelburne 1013

South Brimfield 601

Stoughtonham 808

Ware 486

Wellflcet 604

Westminster 265

Woolwich 267

DIVISION OF ESTATES. (See Estates

of Deceased Persons.)
DOCK SQUARE. (See Boston.)
DOESKIN HILL.

act relating to certain lands 172

DOGS. (See nunlimj.)

act to preveilt mischief by unruly dogs, re-
newed 371

in island of Nantucket, act renewed . . 629, 974
DORCHESTER. (See Castle William.)

militia of, to be enlisted for service at Castle

William, act renewed . . . 370
DORCHESTER-CANADA.

plantation of, incorporated into a town by the

name of Ashburnham . . . 739
DOWER.

in lands of intestate, lying in comnum and un-

dividid, liows<>t off . . . . 4t)6
DRAINS AND COMMON SEWERS.

(See Sewers.)
DRAW^BACK. (See Impost.)
DUKES COUNTY. (See Inferior Court,
Sessions of the Peace, Superior
Court.)
act for preservation of deer In ... . 833
DUTIES. (See Excise, Impost, Lighthouse,
Tonttage.)

Index.

11G3

6C4

665

179

286

EASTERN - HARBOR MEADOWS.

(See Tt-uro.)
EASTHAM.

act to prevent damage by cattle, S:c., to beach

at Billingsgate Bay, renewed . 68, 620,
074

said act amended 642

act to prevent damage by cattle, &c., to XoBsct

beach and meadow, renewed . 630, 074
north district in, incorporated Into a dis-
trict by the name of Wellfleet
to Join with Euathum in choice of represent-
atives

EDUCATION.

of children apprenticed, enforced .
EGREMONT. (.See Votes and Obdebs, p.
1131.)

district of, incorporated

to join with Sheffield in choice of repre-
sentatives 286

exempted from payment of certain taxes . 286
EMBARGO. (^ffVoTEs AND Orders OP THB
Council, pp. 1146, 1147, 1148.)

laid on all vessels 70

forfeitures, how disposed of .... 71
governor may extend or take oflf ... 71
ESCAPE.

of bankrupt, by jailer, penalty .... 32
ESSEX COUNTY. (See Inferior Court, Sen-
sionso/t/ie Peace, Superior Court.)
ESTATES DEVISED. (See Devisee, ExcUe,

Partition.)
ESTATES OF PERSONS DECEASED.
(See Resolves, p. 111'.); Votes
AKD Orders of tue IIouse of
Representatives, p. 1152.)
real estate, liable to be taken on execution, how, 221
in common and undivided with estate of

other person, how divided . . 400
Intestate, act relating to settlement of, re-
newed 617

Of soldiers, widows of certain non-commis-
sioned officers and soldiers to re-
ceive their wages without admiDis-

tration 197

EXCISE. (See Treasurer ; Resovves, pp.U19,

1120, 1122; Votes and Obuers,

1127, 1128, 1131, 1135, 1138, 1140,

1141.)

On all wines, rum, and other spirits distilled,

and on limes, lemons and oranges, 55, 74,
201 , 219, 305, 493, 7.W, 840
on Buch limes, lemons and oranges only as
are used in making punch, or for

sale 219

To be paid by retailers, tavcrner». Inn-hold-
ers and common victuallers, 50, 202, 306,
494, 7.Vi, M\
allowance for leakage, 56, 202. 306, 494, 7.14. 842
On all liquors imported or raanufacturcd,207, 311,

499, 758, 848

Accounts.

to be rendered by tavemers, retailers, &c., 65,

201, 493, 753, Wl

forfpitnre for neglect . . 203, 806, 496

EXCISE- ConMnurd.

by perKOM* liaving permits front impoat ofll-

ccr or collector, 63, 20H, 312, 601, 7.W, <il'
by person* nut buvinK pcnnila, purchniiiiiK

for cx|Mirtatliin, 64. 2i>0, 313, .'lOl, TOO, tM7
by persons Importing liquora for privulv

conHiimptlun, 64, 210, 314, 502, TCI, 848
proceedlngH when party In suiipccled of giv.

Ing falxe account . 65,210,314,600*
Bonds.

of collector . 61 , 76, 206, 310, 408, 758, 845

of persons applying fur permit, 04, 210, 313, 502,

760,848
of persons importing liquors, 00, 212, 316, 604, 702,

840
of retailers, tavemers, &c., 66, 202, 800, 406, 754.

843
Collectors.

appointed by general court . 00, 206, 300, 406
already chosen, to continue U> act, 757, TG3, 845
fees, 60, 61, GO, 206, 212, 310, 310, 498. 604, 758,
761, 845, 840
penalty for offending against act, 61, 306, 310, 400,

758,845

to account for liquors disposed of by them, 76,

213, 317, 50.), 762, 850

to appoint deputies . 00, 2i>6, 300, 498, 757, 844

to attend at convenient places to receive and

settle accounts .... 767, 844
to give certiflcate to exporter, 04, 210, 313, 603
to give two receipts for sums received, 00, 206,

310, 408, 758, 845
to give two recilpts to penione having |MTmlt, 75
to grant permit . . 00, 212, 31.'j, 504, 7C1. 840
to keep an office In each seniHirl town, 05, 212,

316,504,701,840
to receive accounU on oatb, 60, 202, 300, 404. 754,

841

to search for concealed llquora, 02, 206, 211, 500

Evidence of illegal sales, 58, 59. 30.'., .tos. 41«,

407, 756, K43
Fines, how ricoM red . 69, 3i5, 309, 497, 757, 844
how diHpo»ed of . . 67,213,317,605.703,850
Licenses.

bow grantcil by justices out of court . . 043
forfeiture for i>elllng without llc«n>c,57, 203. 307,
405, 765, 843
persons not renewing, to account for dutlra, 74.
213, 310, 605, 703, 850
not to bo renewed, If former cxcUc la not

paid '•'•••• 842

Masters of vessels giving wr :

how punished . '.'■ 1.848

Moneys arising from net, bow .ii. )••■-. ., .■. . 708
Oath.

of collector . . 60. 3o0. 310, 408, 757. 848

of pcr»on suspected of giving falae aeeoanl, 05,

SlL-lli. toa

of r»tallcr, Uvemcr, kc., 50, 202, 210, 301. 404.

754. Ml

Permit, form of . . 06. 212. 316. 504, 761. 849

to be given by Impost officrr In certain ca»«, 307.

311, 500. 759, »40
pcraona not renewing, to •ccount for dutlt-*. 75.

tIS. 8]^ 606, 7«3, 860

1164

Index.

EXCISE— (7<jnMn«e(f.
Receipts.

penalty for not lodging tbem with clerk of

sessions 75

Kecognizanees.

by retailers, taverners, &c., to keep and

render accounts .... 755
when put in suit, may be chancered, as other

bonds 755, 842

Sale.

by importer, without permit, forbidden, 61, 207,
311, 499, 759, 846
lending or delivering liquors on agreement,

&c., to be deemed sale, 58, 203, 307, 496
persons not licensed supplying those em-
ployed by them in the fishery, &c.,
to be deemed sellers, 58, 204, 307, 496,
755, 843
whaling and cod fishing vessels allowed to
carry twenty gallons of liquor free

of excise 756, 843

to Indians, negroes, &c., forbidden, 59, 204, 308,

496
to other taverner, &c., not liable to excise, 61,
207, 499, 758, 846
On tea, coffee and china-ware.

for the purpose of providiug and maintain-
ing two armed ships to guard the
coast, act renewed .... 643

further regulations 767

York County, special regulation for 1762 . 639

EXECUTION'S. {See Inferior Courts of Com-
mon Pleas, and Superior Court of
Judicature.)
form of, against delinquents assessed by '^nd-

bank commissioners . . . .191
may be levied on real estate of testators and

intestates 2?1

new, after discharge on poor debtor's oath,

provisions concerning . . 277, 278, 606
persons taking out, to take oath concerning for-
eign bills of credit . . 514, 923, 924
when such oath excused .... 220
service of, act for better regulating . . . 643
service of, doubtful on account of change of

time of courts, rendered valid . 752
special regulations in Berkshire County . . 9<J8
alias execution to issue against soldier or sailor

dismissed from service, when 283, 458
may he taken out against estate, only, of Quaker
discharged from imprisonment for
not attending musters ... 49
EXECUTORS AND ADMINISTRAT-
ORS. (See Estates of Persons
Deceased, Probate Court.)
executions on judgments against, how levied . 221

said act renewed OSl

neglecting or unseasonably delaying to raise
money for debts, deemed guilty of

waste 221

EXTORTION. {See Fees.)
EXTRADITION.

of criminals, from one colony to another . . 1023

PAIR.

at riardwickc, established 577

FALLTOWN. {See Votes and ORDEns,p.

n.-.a.)

planiution of, erected into a town by the name

of r.crnanlston .... 530
FALMOUTH [MAINEJ. {See Resolves,
jj. 11J2; VoTKs AND Orders, p.
ii:;:;.)
courts to sit ai, for Cumberland County . . 373
second parish of, erected in a district by the

name <if Cape Elisabeth . . .838
FALMOUTH [MASS.].

hunting ileer in, ic'LTiilations concerning . . 814
PANEUIL HALL.

act fur lottery to ri'i)air 425

fiirllicr.-icts 537,813

FEES.

.let for continuing former act establishing . . 213
acts for (!Stablirtliing and regulating . . 291,743

act renewed 1022

Attorney 747

Captain of Castle William . . 297, 749
Clerk.

of superior court 293, 745

of inferior courts 294,746

of general sessions .... 295, 747

Coroners 292, 744

County Recister 297, 750

Court.s of General Sessions . . 294, 747

Crier 297,749

Gaoler 297, 760

Governor 296, 748

'F'Ei'ES— Continued.

Grand jurors 297, 750

Judge and register of Probate . 292, 744
Justices.

of superior court 293, 745

of inferior courts 294, 746

of the peace 291, 744

Messenger of the house of repre-
sentatives .... 297, 750

Petit jurors 297, 750

Secretary . . . . . . . 295, 748

Sheriff or constable . . 295, 296, 748, 749
Witnesses, and parties recovering costs . 747
for marriages, and recording births and

deaths 207, 750

for certificates of birtli and death, and Bcarch

of record 297, 750

for administering oath concerning foreign bills

of credit 515, 923

for registers of vessels 295, 74S

account of fees in probate court to be given

to persons paying . . . 293, 745
none allowed for granting warrant for de-
serters 158

penalty for taking other fees . . . 297,750
FELONY.

persons convicted of highway robbery to bo

guilty of 489

FENCES.

act In addition to act for regulating . . . 218

said act renewed 630, 074

act in further addition to act for regulating, re-
newed 410

Index.

llfi

).)

FEOFFEES.

of Ipswiuh grammar-school .... 807
FERRIES.

act relating to 285

ferryman to be Uccnsod . . . .285

fine for neglect 28.>

fine for want of a good boat . . . 2S5

said act renewed 706

FIRE, {See Sonjiret, Buildings, Jfarblehead,
Salem; Votes and OiiDEns, p.
1138.)
In Boston, acts relating to . . 321, 699, 661, 688
fire-warJs to be elected in Boston . . 661
rebuilding after, regulations .... 321
in Boston and Cbarlestown, act renewed . . 419
in Salera, Marblehead and maritime towns . 513
in woods, act to prevent, renewed . . . 617
FIRE-WARDS. {See Fire.)
FISH. {See AUwiven, Canks, IHngham, Middle-
borough, Wei/mouth ; V0TK8 and
Orders, p. 1140.)
act to prevent unnecessary destruction of ale-
wives and other fish, renewed . 78
act in addition to said act .... 91

both said acts renewed 682

new act for the same 774

said act renewed 859

in Merrimac and other rivers, act relating to . 741

said act amended 857

additional act 907

■aid acts renewed Ml

PITCHBURO. {See Votes and Onnxni or
TUB IIousK or IlBrRsaiNTATirKa,

p. 115J.)

■et off from Lunenburg 086

to Join ^illi Lunenburg In clmlcc of rrpre-

nenlativrH 088

part of, Willi part* iif oilier town*, erected into

a town by the name of Anliby . 008
FLOUR.

bounty on flour manufactured In the province . 638
net limited 8^,8

FORGERY. {See LolUrUt; Votes and

Ordeiis,/)/). li.^'>, ii:i6.)
FRAMINGHAM.

act nliitln); to landH In 170

FRANKFORT.

plant.itlun of, erected into a town by llie nanu-

of I*ownalbori>iii;li .... 287
FRAUDS. {See Bankrni.Uy.)

by bankrupt 33

FREETOWN. {See Resolves, pp. 1120,
112-2.)

act relating to oysters in 743

said act renewed 001

FUGITIVE CRIMINALS. {See Crimi.

tial-H.)
FUNERALS.

act to retrench extraordinary expense at, cun.

tinued 324

on Lord's day, regulated 416

FURS.

prloes of, regulated .... 406, 688, T6I

GAMING.

act to prevent, renewed . . . . ' .

by bankrupt

GAOL-DELIVERY, GENERAL,
COURT OF. {See Superior
Court.)
GAOLER. {See Fees.)

refusing to discharge prisoner who has talicn
poor debtor's oath . . . 277,
GAUGERS. {See Castn, Import.)
GENERAL ASSEMBLY. {See General

Court.)
GENERAL COURT. {See Appropriation »,
Fees, Petitions.)
act to prevent disturbance of by coaches, &c.,

renewed

■ act to prevent unnecessary Journeying of mem-
bers, renewed

to allow accounts of ^aiardi.tns of Indians .
GENERAL FIELDS.

additional act for regulating, renewed
GENERAL SESSIONS. {See Session*.)
GEORGETOWN [MAINE].

district of Isiguasset joined with, in choice of

representatives

GOATS.

acts to encourage the Increase of, renewed, 78,
GOLD COIN.

acts ascertaining rates of legal tender
GOOSE ISLANDS. {See HarpitceU.)

GORHAM. {See Votes and Orobbs,^^. 1138,
1140, 1142; Votes and Obdbbs or
THE House or IIkprksentatitss,
p. ll.-,2.)

town of, erected

GORHAMTOWN.

plantation, erected into a town by the namo of

Oorham

GOSPEL. {See Society /or ProfKigating, dc.)
GOVERNOR. {See 4pprof,riatinn, Kmb-irgo,
Fees, Ueutrnanl-Gotrrnor ; Votes
AND Orders, />p. 1126, 1120, H.^t.)
allowance to, granted, 26, 103, 247, 401, 4o7. 571,
705, 803, 870, 0.'<3,
may discbarge person Impressed
may grant licensed for trading with Indians, OOO,
to appoint regUter of dr-cd^ In Lincoln County .
GOVERNOR AND COUNCIL.

to authorize persons to provide qunrtera fur
regular forces . . . 72, 106,
GRAIN. {See Caa*. Wheat.)

measure of, act relating to, renewed .

act regulating measure of

measurers to be appointed ....

pny

peiuilty for defrauding ....

act In addition to net for preventing trmni In

niea»urlnff, rrncweil

GRAMMAR SCHOOL IN IP8WI0H-

aet regulating and Incorporating ....

(39,
lull
IVO

, Toa

374

(Vxi
OOT
<»7
OUT

074

1166

Index.

GRANBY. {See Resolves, p. 1123 ; Votes and
Orders,/). 1143.)

town of, incorporated 1011

to join with Hadley in choice of jepresenta-

tives . - 1012

GRAND JURORS. {See Jurors.)

to make inquiry and prosecute breaches of act

concerning deer .... 684
exou.?ed from attending court in February,

1764, on account of small-pox . . 685
GREAT BARRINGTON. (.See Resolves,
p. 1123; Votes and Orders op
THE House of Repbesentatiyss,
p. 1152.)

GREAT BARRINGTON-Con«nt«5.

erected into a town

to join with Sheffield in choice of representa-
tive

to be shire town of Berkshire County .
GRIFFITH'S ISLAND. {See Weltfleet.)
GUARDIANS. {See Probate Court.)

of minors or persons non compos, lo be ap-
pointed before partition of land* in

certain cases

of Indians, regulations IVI, 104

GUNS, CANNONS, &c.

act relating to firing of, in Boston, renewed
GURNET. (-See Lighthouse.)

465

465
466

400

324

HABEAS CORPUS.

to discharge bankrupt ...... 32

HADLEY. {See South Hadley.)

act erecting second precinct Into a district by

the name of Amherst . • . 173
HALESTOWN. {See Townships.)
HAMPSHIRE COUNTY.

act for dividing 432

additional act relating to partition of common

fields in 524

act in further addition to the same . . 679

last act renewed 859

assessors of certain new plantations in, author-
ized to levy on and sell delinquent
proprietors' lands .... 533
HARDWICKE. {See Votes and Orders, p.
1133.)
fair to be kept al, in May and October . . 677
HARPSWELL. {See Votes and Orders,
pp. 1126, 1133.)
incorporated from Merriconeag Neck and cer-
tain islands 46

HARVARD COLLEGE.

lottery for rebuilding hall for .... 834
HARWICH.

act to prevent damage by cattle, &c., on beaches

and meadows adjoining . . . 414
act in addition to said act .... 427

latter act renewed 681

HEIR.

contribution by, In favor of legatee or devisee . 221

HIGHWAYS. {See Ways.)
HINGHAM. {See Votes and Orders, p.
1135.)
act for regulating proprietors of Little Harbor . 70
act to prevent unnecessary destruction of ale-
wives in 467

HOOPS. {See Clapboards.)
HORSES.

act for preventing damage by horses going at

large, renewed . . . .78, 017
HOSPITAL.

on Rainsfoid's Island, act for regulating, re-
newed 78, 617

HOUND. {See Hunting.)

HOUSE OF REPRESENTATIVES.

{See General Court.)
HUBBARDSTON. {See Votes and Or-
ders, p. 1142.)

district of, incorporated 953

to join with Rutland in choice of representa-
tives 953

HUNTING.

in certain towns with dogs or hounds prohibited

between May 10 and Dec. 6 . . 814

said act renewed 1022

of beaver, sables, &c., prohibited . . 690,765
HUNTSTOWN.

plantation erected into a town by the name of

Ashfleld 815

additional act . • 1015

IDIOTS.

act for relief of, renewed .... 78, 617
IDLE AND DISORDERLY PERSONS.
{Si I \'()Ti:s AND Orders, p. 1140.)
acts relating tn, renewed .... 766, 920
IMMIGRANTS. (See Impost.)
IMPARLANCE.

i,'i:iiited in actions against absent debtor . . 169
IMPOST. (.?('' TroaKiirtr; Votes and Ob-
DEits, /,/). 113.'i, 1138, 1139, 1141, 1142.)
Acts for granting impost and tonnage of

8liipi)ing, 79, 182, 298, 407, 606, 008, 669,

707, 850, 913, 977

Allowance for lenkogc of wines, 81, 184, 300, 409,

608, 611, 672, 769, 852, 016, 979

TUiPOST— Continued.

Bills of store for private adventures, 82, 186, 302,

411, 609, 012, 673, 771, 854, 910, 981

Casks, how and by whom gauged, 81, 184, 300, 409,

607, 010, 671, 709, 852, 914, 979

Clearance, naval officer not to give, until p.ay-

mcnt of impost or tonn.ige, 82, 186, 302,
410, 509, 612, 673, 771, S54, 916, 980
Commissioners and receivers of, how

appointed, pay. Sec, 85, 188, 304, 413,

612, 614, 675, 676, 773, 856, 918, 982

to receive lighthouse duties .... 993

Credit to be given to importer, 81, 184, 300,

409, 607, 610, 671, 769, 852, 914, 979

Indfa'.

iir.7

1M.F03T— Continued.

Double duties In certain cases, 79, 182, 298, 407,

506, 009, 070, 707, 851

Drawback, 79, 84, 1S3, 187, 299, 303, 408, 412, 500,

611, 609, 614, 671, 675, 767, 772, 855, 917,

0S2

Dutiable articles imd inles of impost, 79, 1S2, -ios,

407, 506, 009, 670, 767, 851, 913, 977, 978

Entry, by Importer, &c., how made, oath, 80, 183,

299, 408, 507, 010, 671, 768, 7C9, 851, 852,

914, 978

Goods to be landed In the daytime only, 80, 184,

299, 408, 507, 610, 671, 769, 852, 914, 978

Imports by land, report of, to be made, and

duties paid, 81, 184, 300, 409, 608, 611, 671,

769, 852, 915, 979

In what manner and by whom to be paid, 81, 184,

300,409, 503, 611, 671, 709, 852, 915, 979

Manifest or report, how and to whom made

by master of vessel, 80, 183, 299, 408, 507,

609, 670, 768, 851, 914, 978

Master of vessel, his liability and security, SO,

81, 183, 185, 299, 301, 408, 409, 410, 507,

/ 608, 509, 609, 611, 670, 673, 768, 770, 851,

853, 914, 915, 978, 979, 980

OfElcera, appointment, right of search, 83, 186, 302,

411, 510, 612, 613, 673, 674, 771, 772, 854,

917, 9S1

to grant permits to liquor dealer, 207, 311, 500,

759, 846

Penalties and disposition, 85, 188, 304, 413, 512, 015,

676, 774, 857, 938, 981

Belanding, forfeiture for, 84, 188, 304, 413, 511, 614,

675, 773, 855, 918, 982

Kepayment, for decayed wines, 81, 184, 300, 409,

508, 611, 672, 770, 853, 915, 979
Ship or vessel, wlien liable for, 82, 185, 301, 410,

509, 612, 672, 770, 854, 916, 980
Tonnage duty, 84, 187, 303, 412, 511, 613, 674, 772,

855, 917, 981
measurers of vessels for, appointment and

pay, 84, 187, 303, 412, 511, 614, 074, 772,
855, 917, 981
granted for maintaining two armed vessels,

act renewed 643

"Wines not to be filled up on board with-
out certificate, 81, 184. 300, 409, 508, 611,
672, 770, 853, 915, 979
Charges of prosecution, how borne, 85, 188,
304, 413, 512, 615, 07<5, 774, 856, 919, 983
IMPRESSING OF SOLDIERS.

for expedition against Canada .... 192

of strollers, &c 193

by colonel 194

of men for an intended expedition ... 86

of residents of other towns, &c. ... 87

deficiencies in companies, completed by . . 159

by sheriff, in Xantucket 196

INDIAN ISLAND.

act establishing toll on bridge at . . . • 1019
INDIANS. (See Excise, Guardian*, 3fa*hpee,
Stockhridge Indians; Resolvxb,
pp. 1120, 1121 ; Votes and Obdbbs,
pp. 1128, 1134, 1136, 1138, 1138,
1149.)
act In addition to acta for regulating ... 163

said act renewed 630, fli4

prohibited from le.ising or •elllng land* with-
out consent 1**

not liable to action for debU, unlcM ... 164

INDIANS- Conf/fiu^-d.

act to Incorporalc a «oclely by the nnmo of Tho
Buclety fur pruiiuKiitliiK C'lirlitian
Knowledge ntnniii; iliv Indluni . 6*3)
act relating to the m-ttUnicnlof clalmii of Indian*

to uniippruprlnti-d land* . . . 340
Eastern,

act allowing supplies to and regulating trodo

with 404

act conllnulni; and .imrnding tho wimo . 6S8

said nets renewed . 763, 800, 070, 1033

truck-master for, appointment, dutic*, onth, 405,

400, 688, 089. 704

no other person to trade with, 405, 088, 704

method of conviction of penon* ■oiling to,

contrary to the act . . 400, 080, 70S
accusation against any periKin for *elllng

liquor to, how made . 400, 080, 705

deeds to lands In Chriotiantown, Martha'*

Vineyard, roiidrmed . . . CIO
certain Mashpee Indians there incorporated,

with mnlattoes, ImU> a district . 030

actions not to be brought again*t, for con-
tract or debt, unlcsa .... 040
not to bind out children, unlcsa . . . 641
may take poor debtor's oath .... 641
INFANTS. {See ilinors.)
INFECTIOUS DISEASES. {See Conta-

ffiijus />i/iia3eH.)
INFERIOR COURTS OF COMMON
PLEAS. (.Ste F,ff, Frttmimj-
ham. Jurors, Sesaiont; Resolves,
p. 1120; Votes and Oudbub,/;/).
1136,1140.)
Times and places for holding :

In tho various counties 737

In the county of, —

Barnstable 520

Berkshire 432,007

Cumberland 373, 540

Dukes County (See Votes axd

Obdeiis,;]. 1130) .... 523

Kssez 677

HAmpshire (See Votes and Ordkiui,

p. 113C) 624

Lincoln 374,540

Middlesex 840

Plymouth 163

York (See Votes andOudbb8,p.1130), 52S
how constituted In the county of Vork . 684
writs, executions and •cr>-lco thereof ren-
dered valid 752

INNHOLDERS. (See Excise.)

refusing to quarter troops, penally . . 176, 270
licenses granted by general scwiions . . 4<10

said act renewed 6^

In Barn»tablc County *4I

INSANE PERSONS. (SrelHstracUdPrrion*.)
INSOLVENCY. (»<■ BnnkrupUy, Debtors.)
INSPECTOR OP SHEEP.

In Martha's Vineyard. r<'8ul.illon» . . .434
INTESTATES. (See E^aUtof I'mons t)*-

ceased.)
IPSWICH.

act to preserve timber In, oontlnucU . . 731, 074
grvnroar-*cho<^>l feoffee* Incorporated with Itar-

tlu-r p<iwpni 806

IPSWICH-CANADA.

plantation of, erected Into • town by lbs nsiDS

ofWlncbendon '21

1168

Index.

JAUi. {See Gaoler, Gaol Delitery.)

act for removal of prisoners from Barnstable

to Plymouth 1018

JOINT TENAJ^TS.

act to prevent waste by, renewed . . 78, 617
JUDGE OF PROBATE. t^See Probate.)
JUDICIAL PROCEEDINGS,

act for the better regulation of the course of,

renewed 370

act for the further regulation of the course of,

renewed 530, 974

JURISDICTION.

line of, between Massachusetts and New York,

commissaries to settle . . . 993
JURORS. {See Fees, Grand Jurors, Oath.)

Petit, act for regulating choice of . . . 318
said act renewed in part .... 920
act in addition to said act .... 367
choice and return of, by certain towns, to be

valid, though previous act expired, S20

TWROTiS— Continued.

method for preventing partial jurors .
not to be held to attend courts in February,

1764, on account of small pox .
penalty for persons not attending
required to serve but once in three 3-ear8 .
Quakers, how permitted to serve as
in Cumberland and Lincoln Counties, how

summoned

in Hampshire and Berkshire Counties, how
summoned .... 433,

JURIES.

act relating to views by, in civil cases, renewed
to appraise land taken oft' or added in Boston,
on account of change of streets
JUSTICES OF THE PEACE. {See Com-
mon Lands, Excise, Fees, Poor
Debtor, Service.)

683
319
318
ISO

424

434

KING GBOKGB, FBOVINCE SHIP. {See PrtBoner* e,/ W<w.)

LAMPS.

act to prevent breaking of, in streets, renewed, 73
LANCASTER. {See Votes and Orders, p.
1142; Votes and Orders op the
House op Representatives, p.
1153.)

part of Shrewsbury annexed to . . . . 991

certain farms near, joined with the district of

Princetown 266

LAND-BANK OR MANUFACTORY
SCHEME. {See Votes and
Ordeus, pp. 1127, 1128, 1131, 1137,
1142; Votes and Orders op the
Council,/). 1149.)

act for ascertaining the quantity of the manu-
factory bills outstanding ... 74

act in further addition to acts for more speedy

finishing of 189

act authorizing lottery, renewed . . . 682

act in further addition to acts for speedy finish-
ing 919

possessors of bills of, to send them to the
commissioners to be marked and
returned 74

commissioners, ai)polntment . . 189, 919
powers ami (liilies . . . . 190,191,919

estates of directors and partners, how

levied on for assessment . . 189, 190
bow sold, rights of purchasers . . . 191

redemption of notes, by moans of a lot-
tery 290

LAND DAMAGES.

for taking streets in Boston, how asBesaed . 687

LANDS. {See Bankruptcy, Boston, Phillips-
town.)
acts for the more easy partition of, renewed . 017
unappropriated, act relating to . . . . 309
unimproved, to be sold for payment of

taxes 532

LANESBOROUGH.

erected into a town 815

LAWS. {See Votes and Orders op the Coun-
cil, jd. 1149.)
acts for reviving and continuing, 25, 77, 198, 213, 220,
278, 279, 324, 370, 398, 419, 529, 582, 017,
643, 681, 682, 685, 688, 731, 766, 837, 8.-.i»,
899, 920, 973, 976, 991, 1022, 1032
LAWSUITS.

act to prevent multiplicity of ... . 174

renewed 529, 074

act to prevent unnecessary, renewed . . . 324
act to prevent unnecessary expense in, renewed, 324
LEBANON.

plantation of, in York County, erected Into a

town by the same name . . . 954
LEGATEE.

contribution by and in favor of .... 221
LEICESTER. {See Rutland; Votes and

Orders, p. 1138.)
LEMONS. {See Excise.)

LENOX. {See Hichmont; Votes and Orders,
p. 1142.)

district of, incorporated 005

to join with Hichmont In choice of repre-
sentatives 'Mb

Inhabitants of, to raise taxes for certain purposes, 1U27

Index.

IKJi)

LEWD WOMEN.

to bo bound out by selectmen, Sec. . . 179

LICENSES. (See Brciae.)

act for preventing petitions to general court for,

renewed 278, 766

to be granted by tbc court of general seselons

in certain cises . . 4J.'i, 469, 641, S'lO
LIEUTENANT-GOVERNOR.

allowance to, granted 307

LIGHTHOUSE. {See Resolykb, p. 1123;
Votes and Orders, pp. 1142,
1143.)
on the Gurnet, in Plymouth Harbor, regula-
tions 992, 993

ships not to be cleared without certificate of

payment of light-money . . . 993
LIMES. (See Excise.)

LIMITATION OF ACTIONS. (S?* Votes
AND Orders of the Uoiisb op
Representatives, p. 1152.)

acts relating to 26, 280

renewed 530, 920

certain acts relating to, to be read in public, 27, 280
^jINCOLN, county or. {See Inferior
' Court, Ses-iioiis of the Peace, Supe-

rior Court; Votes AND Orders, p.
1132; Votes and Orders op the
Council, p. 1149.)

erected and established 374

selectmen of towns, &c., in, to prepare jury

UsU 424

LIQUORS. (See Excise, Impost.)
LITTLE HARBOR. {See ningham.)
LOAN. ( See Bills of Public Credit, Treasurer.)

of £3,500 to town of Boston, act concerning . 398
LORD'S DAY. {See Votes and Orders, p.
1134.)
former acts repealed, and new act . . . 415
act in addition to said act ... . 428

LOTTERIES. {See Trtuiurtr ; Dkclara-
Toiiv ItKscii.vBd, /). 1123; \trrr.*

AND OUDKIIH, />/). 112S, Hi".!, 1131,
1132, Il.Xl. 1134, 11.17; VoTKB AKI>
ORUKIIN or TUB (■ot.Ncii.,p. 114U.)
acts authorizing, for aupplytng the trcoaury for
exponie* of expedition agnlnut

Canada tit

for drawing In outnlanilliig n<>toii of land-

bank ormnnufaclory cumpany, 2>W, .'>h;i
for building bridge over Parker Illvcr, in

Newbury 32<1

further ituni to be raised .... Cl.'i
for building hrMge over Saco and Prwurop-

scot Itlvem 40

for building hall for Harvard Cotlcgo . . Kl4
for paving LSoHton Neck .... 222
for paving and repairing the highway in

Charleslown 82B

for paving and repairing the highway In

n<>.\bury 223

further act 40I

for paving Prince Street, in Boston . . 223
for removing rocks aad shuuls In Taunton

Great River 327

for repairing the causeway on Sudbury

River, and building a bridge . . 272

further act 420

for repairing Faneuil Hall .... 425

act in amendment 537

further act 813

(For methods of conducting, penalties
for counterfeiting, &c., sec the
varioui' acts abuve.)
LOUISBURG. {See A),prnpriutioH0.)
LUMBER. {Sre Ctiipboiirdf.)
LUNENBURG.

inhubltunts of westerly part of, set otf int'i n
separate town by the name of Kitch-
barg (V-v5

MANIFEST. {See Impost.)
MANUFACTORY BILLS. {See Land-

Bank.)
MANUFACTORY SCHEME. {See Land-

Biini-.)
MARBLEHEAD. (See Resolviss, p. 1142;
Votes and Orders, p. 1135.)
act to prevent damage by tire in .
MARINERS. {See Service.)
MARKET.

ill Dock Squaie, Boston, regulations .
MARRIAGES. (sV, Fees.)

act in addition to furnier act for orderly con-
summating of

may he consummated by ministers, within the
bounds of their respective parishes,
though composed of parts of seve-
ral towns

MARSHFIELD.

act authorizing First Precinct in, to exchange
meadows for salt marsh . . .
MARTHA'S VINEYARD.

Indian deeds to certain lands in, confirmed
act to prevent stealing sheep from

■aid act renewed MO,

513

MASHPEE. {See Indian*; Votes and
Orders of tub CorsciL, p. 1149.)

erected into a district <V(<)

special regulations relating to Indian* and

mulattoes &4U, 611

said act renewed ^2"

MASSACHUSETTS BAY AND NEW

YORK,
commissaries appointed to settle boundary of

Jurisdiction, between . . ".'.O

MEADOWS. {See Ckilmark, llingham, Ti--

fmnj.)
MEASURERS. (See Clapboard; Groim, Im-

l^.t.)
MEDFORD RIVER. (5** n*h.)

ri'Kulatlons for fishing In 92

MEETING-HOUSES. {Set Xntturypon,

PitlifittJ, .<>aUm, Toirnt; altopro-

ti'iont roncrming, in acts tnevr-

porating toirnt.)
MENDON. {See PrecincU and Ptirithtt ;

VOTBS AND OrDBHS, p. H2B.)

south part of first precinct in, erected into •

■cparatc prvcinct .... flOl

1170

Index.

MENHADEN . ( See Fish.)

regulations concerning taking of . . . 778
MEREICONEAGNECK. {See ffarpswell.)
incorporated witli certain islands, into a district

by the name of llarpswell . . 46
MERRIMACK RIVER.

acts relating to lisliing in . 741,776,857,907,991
MESSENGER OP THE HOUSE OF
REPRESENTATIVES.
{iSee Fees.)
MIDDLEBOROUGH.

acts relating to preservation of alewives in, 420, 725

837, 975
MILITIA. (.See Dorchester, Service.)

act for regulating 61

act in addition to 72, 166

renewed 824

MIIiliDAMS. {SeeMsh.)
MIIjLS.

miller to be provided with suitable stones, fans

and screens 603

to take as toll one-sixteenth part of neat grain

of all sorts ground by him . . 608
MINISTERS. (See Af/ifeld, Newbury, New-
huryport, PUtxJifld, Rehoboth, Rox-
bury -Canada., Salem, Sudbury,
Suncook, Taxes, Windham ; Rb-
BOLVEs, p. 1122; Votes and Ob-
DERS,p. 1127.)
act providing for the support of, in new planta-
tions, renewed .... 530, 974
may consummate marriages within the bounds
of their respective parishes, though
parishes made up of parts of seve-
ral towns 622

towns not to be assessed toward the Buppoit of

illiterate ministers .... 288

MINORS. {See Indians, Mulattoea, Partition,

Service.)
MODERATORS. {See Toions.)

to be chosen by proprietors of plantations . 471
MOLASSES. {See Casks, Impost.)
MONATIQUOT RIVER. {See Braintree.)
MONSON. {See Resolves, p. 1120; Votes
AND Orders,/). 1132.)

erected into a district 334

MONUMENT PONDS. {See Plymouth.)
MOOSE. {See Votes and Orders, p. 1139.)

act for preservation and increase of . . . 683
MORTGAGES.

on vellum, &c., not properly stamped, to be

vaUd 86

MOUNT EPHRAIM. {See Yokumtown.)
MULATTOES.

in Mashpee, incorporated with Indians into a

district 639

not to be sued in actions of contract or debt,

unless 640

not to bind out children, unless . . . 641
may take poor debtor's oath, though pro-
prietors in Mashpee .... 641
MURRAYFIELD. {See Resolves, p. 1122;
Votes and Orders, />. 1141.)
plantation of, incorporated into a new town by

the same name 837

MUSTERS. {See Nantucket, Quakers, Ser-
vice.)
certain, excused on account of expedition

against Canada 194

except in case of alarm 195

MYSTIC RIVER.

regulations relating to fishing .... 776

NANTUCKET, COUNTY OP. (See In-

ferior Court, Sessions of the Peace,
Superior Court.)
NANTUCKET, ISLAND OP. {See Dogs.)
inhabitants exempted from certain military

duties 157

excepted from act relating to musters and

impressment 61

assessed in lieu of personal military ser-
vice 195

NARRAGANSETT, NUMBER TWO.
erected Into a district by the name of Westmin-
ster . . . . . • .266
certain taxes laid on, how assessed . . . 265
certain farms near, joined with the district of

Princclown 266

NARRAGANSETT, NUMBER SIX.
l)lantati()n of, iiR-niporalcd into ii town by the

nniiie of Templetown . . . 633
NATICK. {See VoTf;s and Orders, p. 1136.)
society and parish of, erected into a separate

di'tiict by the same name . . 626
NAVAL OFFICER. {See Impost, Light-
house.)
NAVY. {See Service.)

act continuing nets providing for two armed

vetisels to guard the coast . . 618

act In addition thereto 766

NEGROES. {See Excise.)

NEGUASSET.

inhabitants of. Incorporated Into a district by

the name of Woolwich . . . 26T
to join with Georgetown in choice of repre-
sentative 267

NENNEMESSET ISLAND. •

act relating to killing deer on . . . .832
NEPONSET RIVER.

regulations relating to fishing . . .92, 778
NETS. {See Fish.)

NEWBURY. {See Resolves, p. 1122; Votes
AND Orders op the Council, p.
1149; Votes and Orders of thb
House op Reprksentativbs, p.
1153.)
lottery authorized for bridge in, over Parker

River 826

further act 615

toll established on said bridge . . . lOC.O
part of, erected Into a new town by the name of

Newburyport 6', I

remaining part to choose but one repre-

sentiitivc 677

act relating to Third Parish In, renewed . . 325
NEWBURYPORT. {See Newbury, Pews;
Resolves, p. 1122; Votes and
Orders, pp. 1139, 1140; Votes
AND Orders op the IIousb or
Bepbbbentatives, pp. 1152, 1163.)

Index.

1171

NEWBURYPORT-(S>n«nu«d.

ercctcj into a town 676

charges uud Uutius 677

to choose but one representative . . . 677

courts to be held there 677

proprietors uf meeting-bouee empowered to

tax the pews .... 722, 975
NE"WFOUNDIiAND.

I'mbargu on tishing vessels sailing to . . . 70
NEW FRAMINGHAM.

plHntatiou of, erected into n town by the name

of Lanesborough .... 815
NEW HAMPSHIRE. (See Bills of Public
Crtdit.)
bills of credit of, not to be received or paid, 513, 922
NEW HINGHAM.

plantation of, incorporated Into a town by the

name of Chesterfield . . . 673
NEW MARBLEHEAD.

plantation of, incorporated into a town by the

name of Windham .... 577
iNEW MARLBOROUGH.

plantation of, erected into a district . . . 263
NEW SALEM. (See Votes and Orders, pp.
1129, 1139.)
district of, separated from Sunderland In the

choice of a representative . . 261
NEW YORK. (See Boundary Line.)
NOBSCOT.

act relating to certain lands, so called . . 172
NOBSCUSSET. (See Yarmouth.)
NON-RESIDENTS. (See Taxes and refer-
ences thereunder, Tyringham.)
NORTHBOROUGH. (See Votes and Or-
ders, p. 1141.)

erected Into a district 839

to Join with Westborongh In choice of repre-
sentatives W

NOSSET BEACH OR MEADOW. (Set

Kastlinm.)
NOTES OF PRO VINCE TREASURER.

(.sVc I'rttinurrr.)
NOVA BCOTIA. (Sre Jht.r, iiiiJ Ue8oI.rK^

pp.1110, 1123; I)r.( I.ARATORY Kb-

SOLVES, p. 1123; VoTKH AND OlW
DERS, pp. 1121, I!ii, 1120, 1142;

Votes and Ouhkiim or the Coun-
cil, pp. 1144, 114.') ; Uekolves bt

THE IIol'WE or KKIMtKHrNTATirKS,

p. IIJI; and Votks and OnDElta
or THE House or UKrBESBNTA-

TIVE8, pp. 1151, 11.'j2.)

act for regulation and aupport uf tnhubltants
of (.'\c:tdla) sent to IliU province,

renewed 25

act to raise money for bounty for men, to relievo
those posted at IxjiilKbiirg and Nova

Scotia 335

NUISANCE.

buildings encro.iching on strei l in Bontoii to be

deemed a nuisance .... 378
NUMBER ONE.

plantation, erected Into a town by the name of

Tyringham 634

NUMBER THREE.

plantation, erected into II town by the name of

SSaudisliild 531

NUMBER THREE.

new plant.itlon, erected into a town by the n.tmo

of Worthlngton .... 1028
NUMBER FOUR.

plantation, erected into a town by the name of

Beoket 817

OAKHAM. (5««VoTB8AirDOHrBB8,pp.ll28,
1137.)

erected into a town

to Join with' Rutland In choice of representa-
tive

OATH. (See BiUs of Credit, Debtor, Excise,
Impost, Indians, Poor Prisoners,
Quakers, Service, Taxes.)
Form of, of importers. (See the several im-
post acts.)
of assessors. (See the several tax acts.)
Purgation, persons accused of trading with

Indians, how cleared by . 406, 689,
Quakers, affirmation or declaration by, to be
accepted In certain cases Instead of

oath

qualified to sit as Juror, on afBrmatlon, In

civil causes only ....

provision, where one - half or more of the

assessors or collectors are Quakers,

In regard to mlnlaterlal taxes, &«. .

OAT'S— OonUnued.

act relating to offlrmallon by, renewed . 881
OFFENDERS. (See Criminal'.)
OFFICERS. ( See Fees, Impost, Serrice, Sher-

if.)
OGUNQUIT HARBOR. (See WelU.)
OLDTOVITN FERRY. (Sre .Vrtrbury.)
OVERSEERS OF THE POOR.

authority over Idle and diimrdi riy persons, act

relating lo, renewed .... 7C6

may make complaint of IrOurlcs by mastcn to

servants ...... l"*

may bind lewd women lo service, when . . 179

acts cmi>owcring, renewed •'J"

OYSTERS.

act to prevent destruction of . • • • T*'
said act renewed "*

1172

Index.

PAPER. (See V0TE8 and OBDBBa, p. 1127;
Kesolvks by the House op Rep-

BESENTATIVES, p. 1151.)

act concerning non-observance of act granting

duties on 86

PARCHMENT. {See Paper.)

act conceinini,' non-observance of act granting

duties on 86

PARDON AND INDEMNITY.

to offenders in tlie stamp-act riots . . . 903
PARISHES. (.See Ministers, Precincts,
Taxes.)
special provisions relating to, in Sudbury . . 466
PARKER RIVER. {See Bridge, Newbury,

Lotteries.)
PARLIAMENTARY GRANTS. {See
Resolves, pp. 1119, 1132, 1137.)
provisions relating to disposition of, 77, 163, 201, 217,

283, 598, 659
certain notes or securities given by treasurer to

be paid out of 89

agents appointed to receive and receipt for, —

for 1758 368

for 1759 380

for 17G0, 17G1 and 1762 536

treasurer to receive . . . . 368, 381, 636
treasurer to draw bills of exchange for, —

for 1759 458

for 1760 581

for 1761 662

for 1762 719

for balance of grants 805

forms of bills . . 459,581,663,720,806
regulations for subscribing for and pur-
chasing bills, 459, 582, 663, 720, 721, 805,

806
disposition of jjurls of grant for 1753 . . 421, 427
PARTITION OF LANDS.

act for further i-cguUiting .... 321

justices of the superior court, and judges
of probate, respectively, to appoint
freeholders to make partition . . 321
lands which cannot be sub-divided may be set-
tled on one of the parties, not being

a minor 321

of Intestates, judges of probate to authorize

committees to make .... 400
guardians (id litem to be appointed for mi-
nors, &c. . . . ' . . .400
notice to be given to parties .... 400
act for the more easy partition of, renewed . 617
act for the more easy partition of lands, 8co.,

given by will, renewed . . . 617
PARTNER.

not discharged by discharge of bankrupt . . 43
PAUPER. {Srr'l'oor.)

PAVING HIGHWAYS. {See Lotteriet.)
PAXTON. (jS<c Votes and Okders, p. 1140;
Votes and Orders oi- the
House of Representatives, p.
li:.2.)

Incorporated inlo a district 736

to join with Leicester and Spencer In cbotce

of representative .... 736
PAYQUAQE.

plantation of, erected into a town by the name

ofAttaol 634

, 900, 975

PEARLASH.

acts to prevent fraud by adulteration of
PEPPERELLBOROUGH.

incorporated into a district 572

to join with Biddeford in choice of represent-
ative 672

PERJURY.

by poor debtor, how punished . . . 277, 606
in bankruptcy proceedings, how punished, 32, 34
in proceedings under .ict relating to Indians,

how punished . . . 407, 690, 765
false aflSrmation by Quaker, to be deemed . . 180
PERMIT. {See Excise.)
PESUMPSCOT RIVER.

act for building bridge over .... 46

PETIT JURORS. {See Jurors.)
PETITIONS TO GENERAL COURT.

act to prevent unnecessary, renewed . . . 419
for licenses, act to prevent, renewed . . 278, 766
PEWS.

in Newburyport, how taxed .... 722
PHILLIPSTOWN. (-See Votes and Ob-
ders,/?. 1135.)
division of common lands by proprietors in 1730
declared void, and new division au-
thorized 488

land 80 called, erected into a town by the name

of San ford 992

PHYSICIANS.

to guard against spread of emall-pos
PINES. {See Trees.)

PITTSFIELD. (See Votes and Orders, p.
1134.)

erected into a town

when to send representative to general court .
PLANTATIONS.

act for levying and collecting taxes in planta-

tions not incorporated
inhabitants to meet on warrant of treasurer of
province or county ....
to choose moderator, clerk, assessors and

collectors 471

appointment of assessors and collectors,
when made by general sessions

valuation

assessors to call annual meeting .
PLEADINGS. {See Action, Krcise, Indians.)
in action by principal against trustee when
goods arc taken by trustee process,
PLUMB ISLAND.

act to prevent horses, cattle, &c., from running

at large on, renewed. . . 220,974
PLYMOUTH. {See Lighthouse; Resolves,
p. 1122; Votes and Orders, pp.
1132, 1141.)
act to prevent damage by horses, cattle, &c., on

Plymouth Besich, renewed . 324, 370
act to prevent cutting wood and brush on

beach 834

eald act renewed 1022

act to prevent destruction of sheep, by dogs in . 430
act to prevent damage being done In the woods

of, by hunting with dogs, &c. . . 814

said act renewed 1022

act to prevent damage on a beach at Monument

Ponds 333

■aid act renewed 074

729

434
434

471

472
472
473

170

Index.

1173

PLYMOUTH COUNTY. (See Inftrior
Court, Sesnions of the Peace, Su-
perior Court.)
time of sitting of various courts altered . . 165
jail to be used temporarily for prisoners from

UurubUible County .... 1010
POLLS. {Ste Taxes, Valuation.)
POLYGAMY.

act in addition to an act against .... 022
PONTOOSUCK.

plantation of, erected into a town by the name

of Pittsfield 434

regulations as to cbarges for mlBistcr and

inecting-boube .... 434, 435
POOR. {See IndianK, Overneert of the Poor,
Servant, Settlement, Vagranti ;
and see references under Nova
Scotia.)
act relating to binding out poor children, and
to idle and disorderly persons,

renewed 324

act empowering general sessions to decide con-
troversies as to settlement, re-
newed 419

act relating to binding out poor children with-
out the bounds of any town, and
to idle persons, renewed . . 529, 920
quarter sessions to assess relations, for costs
and charges for support of poor
persons, whether arising before or
after application to the court . . 705
poor persons warned to depart from towns
where they have no settlement,
may be conveyed out of the prov-
ince, when ....... 911

charges, how adjusted and defrayed . 911, 912
Inhabitants of the province to be conveyed to

places of settlement .... 912

In Leicester and Rutland, provisions relating to, 735
POOH PRISONERS FOR DEBT.

acts for the ease of, renewed . . .78, 617

acU for relief of 276, 605

•what persons to have benefit of act, 276, 278, 605,

606
form of poor debtor's oath . . . 277, 605
proceedings in taking oath . . . 277, 605
discharge of prisoner, unless security given

for support .... 277, 605

prisoner convicted of fraudulently dispos-
ing of estate, how punished . 277, 606
Judgment against, to remain valid 277, 278,

606
PORK. (See Casks.)
PORTERS IN BOSTON.

act for regulating, renewed . . . .78, 617
POTASH AND PEARL ASH. (See Votes
AND Ordeus,/-. 1142; Votes and

OBDEKS or THE IIOUSE OF Rep-
BESENTATIVES, //. 11V2.)

act for appointing assayers of, renewed . . 420

acU to prevent fraud by adulteration of . 800, 976

brandingofcasks, oath, certificate . 800, 9Ti

POTASH AND PEABLASH-OmlfnuMf.

Justice to Issue wurrunt to tnko quantity for

trial 001,0*0

to require security of complainant . 075

penalties (MX), Wl, 9T&, 070

POUNDS.

act rrlutin^ to sale of cattle Impounded and

apprai>i-d 'J7

said act niiitti-d 4211

POWNALBOBOUGH. (See Uesoi.teh. p/).

1121, llrj; VoTEit AND OnDBIla,

/,. li:;i.)

lowiiHhlp of, ercclid 2H7

courts fur Lincoln Counly, l<> )•• lulil at . . 374
PRECINCTS AND PARISHES IN-
CORPORATED.

west wihK of IviiUand, Into one prrcilicl . . 1*4
district of i^dulli liriinliilil, Irilo two parinhrs . Hit'
south part of the tiiHt precinct in Mendon, into

a fcpanite precinct .... 802
PRINCETOWN. (See Kesolveh. p. 1II9;
Votes and (Jeijers, pp. 1130,
1131.)

district of, erected -•'

PRISONERS. (.y<-</>bor/VM«n-r..;

certain, transferred from UarnHlablc to Plym-
outh 1018

PRISONERS OF WAR.

act providing for the supiM.rt of French brought
to tin; province by fhlp King

George l'""

PROBATE OF WILLS, &C. (See/:zerulor>,
fees, Import.)
act regulating the proceediugH of probate courts,

renewed 020

powers of judges as to partition of lands, 321. 400
Judges to regard certain wages of soldiers de-
ceased -.la allowance to widow, 197, 285
registers to give bond to keep records, 8tc. . 018
PROCESSES.

doubtful on account of change of time of courts,

ei*tabli»hcd 752

PROFANITY.

act to prevent, renewed "21

PROVINCE BOUNDARY. (See Boundary
Line, duc.)

PROVINCETOWN.

act to prevent damage by cattle, &«., to Cnpc

Cod Harbor, renewed . . 520, 074
act In addition to Hii<l act, renewed . 530, 074
PUBLIC HOUSES. (See irrite, LUmte.)

licenned, rcquind to quartt-r oOlcers, &c. . . 47

penally for refusing 48

PUBLIC WORSHIP.

absence from, on the I.-.rdV Day , how punished, 410
PUMPS OR WELLS.

falling within street, In relocation of slrecls In
burnt dislria In Boston, bow main.

talned, ^^

PURGATION. (See Oath.)

when required 400, 8S0. 7-4

1174

Index.

QUAKEBS. (See Service, Taxes; Resolves,
pp. 1119, 1121; Votes AND Orders,
pp. 1126, 1127, 1129, 1138 ; Resolves
BY TUE Council, p. 1144; Votes
AND Orders of the Council,/?/).
114S, 1150.)

allowed to affirm or declare. Instead of taking

oath 180

said act renewed 681

form of affirmation 180

false affirmation, how punished . . . 180

not to serve on jury without taking oath, except

In civil cases 180

not to bear office where oath is requii-ed, except

certain town offices .... 180

proceedings, when majority of assessors or col-
lectors chosen are Quakers, for as-
sessing and collecting ministerial
rates, &c ISO, 181

allowed to affirm in proceedings against insol-
vent debtor .... 31, 781

exempted from musters and fines, 49, 90, 193, 620

exempted from impressment ... 50, 90

imprisoned for penalty for non-attendance, to
be discharged, but alias execution
may issue against estate ... 49

QJJA'K'E'RS— Continued.

not to be reimbursed for money actually paid
into the hands of chief officer of

company 49

to produce certificate of being Quaker, in order

to take advantage of the act . . 49

lists of, to be taken, how .50

to be lodged with certain officers ... 50
certificate required from chief officer of regi-
ment 50

computation to be made of, in case of impress.

ment 50

to be taxed for substitutes . . 50, 90, 159, 193

substitutes for, how engaged .... 159
bountj' paid to supply places of, in the service, 90,

193
amount of bounty for substitutes for. Increased, 215
exempted from ministerial taxes ... 67

said act renewed 420

what persons accounted Quakers ... 67
QUARTERING OF OFFICERS AND
RECRUITS. (See Service.)

RAINSFORD'S ISLAND. (See Hospital.)

RATABLE ESTATE. (See Taxes, Valua-
tion.)

RATES. (See Tares.)

REAL ESTATE. (See Fences, Lands, Par-
tition.)

RECORDS. (Sec Clerks of Courts, Probate;
Votes and Orders, pp. 1138,
1139.)
of courts, act for more safe keeping of
to be completed within six months

RECRUITING OFFICERS. (See Ser-

Virr.)

REDEMPTION.

of unimproved lands sold for payment of taxes,
REGISTERS OF DEEDS. (See Fees.)
in Cumberland ( 'ounly, how api)ointed
in l,iiK-oln County, Ikiw ajipointed
REGISTERS OF PROBATE.

to give bond to county treasurer to keep records,

to have records complete within six months
leaving p.apers unrecorded, the same to be re-
corded at the charge of former
register, or his estate if deceased .
judw of probate, to Inspect conduct of
REGULAR FORCES. (^V^ Service.)
KEIIOBOTH. (See Uksolves, p. 1120; Votes
AND Orders,;)/). 1134, 1136.)
first precinct in, committee invested with
corporate powers for certain pur-
poses

committee authorized to accumulate a capi-
tal of £1,200 for support of a minis-
ter

618

373
374

618
618

602
619

"REyiOBOTH.— Continued.

second precinct in, committee invested
with corporate powers for certain

purposes 463

congregational church in, to h.ive income o*"
certain fund for support of minis

ter 463

REPRESENTATIVES. (See General Court.)
to take oatli relating to foreign bills of credit, 514, 923
(for regulations as to representation of new
towns, districts, &c., see names of
towns and districts.)
RETAILERS. (See Excise, License.)
REVIEW.

of proceedings against absent or absconding

debtor 170

RHODE ISLAND. (See Bills of Pttblic
Credit.)
bills of credit of, not to be received or paid in

the province .... 513, 922
RICHMONT. (See Yokumtoicn and Mount
Ephraim.)

incorporated into a town 817

lands in, subject to taxes for certain purposes . 1027
easterly part of, ineorporated Into a district by

the luune of Lenox .... 905
to join with Uiehmont in choice of repre-
sentatives 905

regul.itions as to cerUaln taxes . . . 906
RIOTS AND TUMULTUOUS ASSEM-
BLIES. (See .^tnmp-tiit h'iots.)
act for i)r('Viiiling and supprcssiiiir, renewinl, 78, 617
act for further preventing, renewed . . 78, 617
act for compensation lo sufterers and pardon to

offenders in stamp-act riots, 1765 . 903

Index.

m.j

BOADTOWN.

plaiitalion of, erected Into a town by the name

of Sliutesbury 404

not to send representiilivu .... 464
delinquent settlers to fulfil tlic conditions

of tbelr grant 405

ROBBERY. (See Votes and Orubrs, p.
113J.)
persona convicted of highway robbery guilty

of felony, without benefit of clergy, 489
ROCKY POINT. {See Taunton Great Itivtr.)
ROWLEY-CANADA. {See Townshipi.)
ROXBURY. (>•,,' Lotteries.)
ROXBUBY-CANADA.

l)l:iiiuilioii of, with otJKi' hinds, erected Into a

town by the name of Warwick . 604
provision for paying minister's salary . . 604
pOYAIiSHIRE.
' laiul so named erected into a town by the name

of RoyaUton 738

ROY ALSTON. (5ee Votes and Orders, p.
1140.)
erected into a town 788

ROY ALST ON— Con««u«/.

net confirming vole* and ordrm of proprlcton.

In 1704 067

RUTLAND.

west wing, net Incurpomtlng Inhabltanlii of,

Into a precinct 174

to oppoint *chuulmniit«r and •ur«'ryor of

hlgliwnyn 174

West Precinct erected Into a dUtrtct by the

name of Oiikimm . . . . b7I
to Join with Rutland In chuico of represent-
ative y,\

southerly part of, Inrorpuratrtl with nurlb-
erly part of Lelceeter lulu u dixrict
by the name of Paxton . . . 'M
to Join with Ix-loeHter and Spencer In choice

of representatlven .... 'M
east wing of, erected Into a district by the

name of Prlncetown . . . 'Mi
north-east quarter Incorporated Into a dli-

trirt by the name of Uubburdoton, 053
to Join with Kutland In choice of rcprencnt-

ativo 053

SABBATH. {See LorcTa Day.)
SABLES.

English hunters restrained from bunting . 690, 765
SACO RIVER. (See Bidde/ord.)

act for building bridge over 46

SAIL-LOFTS.

regulated by selectmen ..... 613

SAILORS. {See Service.)
SALEM. {See Resolves, p. 1121; Votes and
Orders, p. 113o.)
act to prevent damage \>y fire in . . . . 513
act empowering proprietors of raeeting-house in
first parish (under Rev. John Spar-
hawk) to raise money for minis-
terial and other necessary charges,

renewed 324

act empowering proprietors of meeting-house
in first parish (under Rev. Dudley
Leavitt) to raise money for minis-
terial and other necessary charges,

renewed 530, 974

district of Danvers in, erected into a town

by the same name .... 5
SALMON.

act to prevent destruction of, in Merrimack

River 741

said act renewed ^1

said act amended 857

additional act ^'

SANDISFIELD.

erected Into a town 531

SANDWICH.

act to prevent destruction of alewlves In, re-

newed "^^

act to prevent destruction of sheep by dogs In . 4,'JO
regulations relating to hunting In . . • 814
SANDY-NECK MEADOW. {See Bam-

utable.)
SANFORD.

town of, erected *"

SATURDAY EVENING.

business and diversion prohibited . . .417

SAUGUS RIVER.

regulations relating to fishing ....
SCHOOLS AND SCHOOLMASTERS,
act in addition to acts fur settknienl and sup-
port of . • . . . .
In west wing of liutland, provisions relating to,
SCIRE FACIAS.

writ uf, au'ainst trustee In trustee process against

absent debtor

costs, bow taxed

SCITUATE.

act to prevent damage by cattle, &c., to beaches
in, renewed .... MO,
SEALERS. (.N'v Woml.)
SEARCH WARRANT. {See Tmpo»t.)

lor llesli and skin uf diir, &c., killed uut of scft-

174

109
170

SEBASCODEGIN ISLANDS. (Se*

UtirjiKXcelt.)
SECRETARY. {See feet, Service, VabiaOoH.)
SEINES. {See Fi»h.)
SELECTMEN. {See Taztt, Towns.)

in.'iv appoint lnH[K-ctor of charcoal baskets . 178
may bind lewd women to i«ervlie, when . . 170
may make complaint of Injurlin by masters, 'o

scrvontjt I7'J

to adjust cliargo fur conveying pauper out of

place where he has no scUlemenl . fl'.'

to appoint scalers of woo<l 177

to apportion expense of clenn«lng and repairing

sewers •'-1

to determine quantity of fish to be takoo In vari-
ous towns 77.>

to make 1I»U of persons to serve on petit Juries 31S
to take lists of Jurors In July .... 367

penalty for neglect *W

to take census of town 743

to quarter ofllccr», Ac *'

penalty for rcfualng *■*

to quarter troopn, on application . . IT!

act relating to powers over idle and disorder')'

persons, renewed .... 76<

1176

Index.

SELECTMEN— Coniinued.

of certain towns, to determine place of erecting
weir on Concord River .

of maritime towns, to determine on suita-
ble places for sail-lofts

of Boston, to ajipoint watchmen

to remove incumbrances on Dock Square,
and regulate market ....
SERVANT, BOUND OR BOUGHT.

complaints by and against

enlisting, not to be deemed a deserter from his

master

SERVICE. (.Sfe Appropriations, Canada,
Castle William, Excise, Executions,
Louishurfj, Militia, Nantucket,
Prisoners of War, Quakers, Wid-
ows, Writs; Resolves, p. 1119;
Votes and Orders, pp. 1126,
1127, 1128, 1129, 1131, 1132, 1188;
Declaratory Resolves bt the
Council,/). 1144; Votes and Or-
ders OP THE Council, pp. 1145,
1140, 1148, 1149, 1152.)

Military.

513
462

724

persons liable to 51

alarm list, how inspected . ... 52

penaltj- for not appearing on alarm . 53

ARMS, persons excejit troopers, how fur

nished with 52

persons in the frontiers to carry, &c. . 52

forces, how supplied with bayonets . 53

BOUNTT-.juMrERS, how punishcd . . 284

desertion, act to prevent .... 156

penalty for 53

penalty for I'efusing to aid In capture

of deserters 158

for rescue of deserters . . . 158
DISOBEDIENCE of ordcrs, penalty . . 54
PORrElTURES, liow recovered and paid . 54
IMPRESSMENT, levj' by, for an intended ex

pedition

Quakers not liable to . . . 50
lists to be made of Quakers
MUSTERS.

^jenalty for neglect of . . .
for expedition against Canada
certain, excused in 175S .
except in case of alarm
certain, excused on account of w.ar
Quakers not liable to . 40, 90, 193,

MUTINY; ■^•••vilty for

Officers.

to take oath concerning foreign bills of

credit 514, 923

may secure enlisted or impressed soldier

without warrant .... 158
neglect of duty by, iienalty .... IGO
offences by, how punished .... 52
of expedition disobeying orders, bow pun-
ished 195

COLONEL to complete dcllciency of sol-
diers 157

how 159, 194

to make lists of Quakers . . . 194
to transmit lists of absentees . . 158

CAPTAINS to lake oath, under penalty . . 55
to make lists of Quakers, &c. . . 91
to report to secretary, send lists, &c. . 56
to apply for warrants for apprehen-
sion of deserters .... 158

,90
50

52
192

73
166
620

SERVICE— ConWnwed.

to excuse persons from exercise, under

oath

to inspect companies ....
to instruct and exercise companies,

when

penalty for neglect of duty .

clerks to take lists

to prosecute delinquents
wages due non-commissioned oflicers and
soldiers deceased to be paid to
widow, without administration, 197,
Execution.

to be issued on judgments recovered by
persons out of the province, in the
king's service, without the i)re-

vious oath

alias, when to issue against persons in, 283,
Militia.

act to be read annually in public .
SOLDIERS and SEAMEN ill, not liable to ar-
rest for debt under £20 .
not liable to arrest for debt under £10,
283,
how discharged . . 73, 198, 283,
how arrested when liable, 73, 197, 283,
exemption not to apply to taxes due, 73,
283;
Regular Army.

QUARTERING AND BILLETING OF, provisions

relating to, 47, 71, 165, 175, 199, 275
SESSIONS OF THE PEACE, GEN-
ERAL. l^See Fees, Inferior
Courts of Common Pleas, Jurors,
Licenses; Resolves, p. 1120;
Votes and Orders,/)/). 1136,1138,
1140.)

Times and places for holding, {the same
as those of Inferior Court of Com-
mon Pleas, which see.)

empowered to discontinue private and particu-
lar ways . . . . .

empowered to grant licenses in certain cases
said act renewed ......

in Barnstable County

to allow claims against Indians ....

to appoint assessors and collectors for plan-
tations, in certain cases .

to appoint deer-reeves for new plantations

to appoint keeper of bridge over Parker River .

to appoint measureis of grain ....

to appoint register of deeds for Berkshire and
Cumberland Counties . . 374,

to take cognizance of complaints between mas-
ters an<l servants ....
may bind servants discharged

to try offences of assaulting women in the
streets

PROCESSES of, service of doubtful, on account
of change of time, rendered valid .
SETTLEMENT. (.See Poor.)

of paupers, regulations concerning . . 911,
SEWERS.

persons receiving benefit by common sewers, to

pay their proportion fiir cleansing .

may object to proceedings, at hearing before

selectmen

notice of opening to bo given

act giving certain powers to commissioners of
sewers, renewed . . 278,

220
458

73
197,
4.jT
458
4.-i7
19S,
458

469
859
641
164

472
683
1031
607

,433

179
179

617

Index.

8EWEB.8— Continued.

net for rcgulntlnsj of drains or common Bowem,

rc'iRwcU 278

act In addition to former net for regulating, &c. 820
SHAD. (See AUwire^, FiKfi.)

in Weymouth, acts relating to fishery . 322, 760
in Merrimack River, nets relating to . 741,867,907
SHEEP. (See Doga.)

act to prevent destruction of, by dogs, In Plym-
outh nnd Sandwich .... 430
act to encourage the increase of, renewed . 78,617
net in addition to said act, renewed . 78, 617
act to prevent stealing of, from Martha's Vino-
yard 435

said act renewed 974

» inspectors to be chosen 435

parties transporting, to have certificate fronr

seller 435

inspector to deliver certificate of entry . 435
to inform of bre.ichcs of act . . . 436
penalty for breach of act .... 435
SHEFFIELD.

to be the shire town of Berkshire County . 432

north parish in, erected into n town by the

name of Great Barrington . . 465
certain lands near, incorporated into the dis-
trict of Egreraont . . . .286
SHEIiBURNE.

district of, incorporated 1013

to join with Deerfield, in choice of repre-
sentatives 1013

SHERBURN.

certain taxes assessed on . . . 6,145,247

SHERIFF. {See /Vet.)

to make inventory of estate of absconding

debtor, seized or taken . . . 804
and deputies.

authorized to convey deeertere appre-
hended, through other counties . 158
how accountable for certain misfeasances . 190
may impress men for 8er\"icc, in Nantucket,

who are not Inhabitants . . . 196
may make forcible entry in search of de-
serters, provided .... 156
not to .appear as attorney, except . . 175
not to draw or fill up any writ, unlees . 174
not to give advice or .assistance in suit* . 175
to search for fle:<h and skins of deer. Sic.,

killed out of season . . . 6S4

to serve executions issued by Land-bank

Commissioners 190

SHINGLES. (.?ee Clapboards.)
SHIRE TOWNS. (See Bidde ford, Falmouth,
Xetchuryport, Poicnalbororigh,

Sheffielrl.)
SHORES. ( -^ee Seicem.)

SHRE"WSBURY LEG.

act fur atmixing, to the town of Lancaater . 991
SHUTESBURY. (See Resoltes, p. 1122;
Votes and Ouders, p. 1135.)

erected into a town ^M

not to send representative to General Court . 464
SILVER COIN.

act asccrtaiiiini; rates of legal tender . . . 515
SKEKET MEADOW. (See Harwich.)
SLEDS.

of wliarfinger, &c., to be marked . . .177
SLAVES. (See £rcUe, Servanit.)
SMALL-POX. (See Otmtagiout DUt<u**.)

SOCIETY FOR PROPAOATINO
CHRISTIAN KNOWL
EDGE AMONG THE
INDIANS. {.Ste Indian;
Storktiri'tgr Indiani ; VoTKH AND
OiioEns, p. 1130.)

tnoorpomtcd ,',j<i

orgaiilzntliin, ofllccrii, power* .... wsi

nrcoiintii j,-j3

SOLDIERS. (See Srrrict, Wldowt.)
SOUTH BRIMFIELD. (See Rbsolvks. /./,.

IIJI, ll-.-.*, Hi*.; I>l!CI.AIlATolir

Resolves, p. 1124; Votm axd
OnnEKs,/)/). 1141, mj; Resolve*
BY THE Douse or KErncsENTA-
TiVEs, p. 1151; Votes and Or-
ders BT THE House or Kkphk-

BENTATIVES,/). ll.')2.)

erected Into a dl»trict COI

to Join with Brimficld In choice of rcprcaent-

ativcs 001

district divided Into two separate parlabca . S57
SOUTH HADLEY.

second parish of, incorporated Into a town by

the name of O run by . . . 1011

SPENCER. (See liaHand.)
SPIRITS. (See Excite, Impoit.)
SPRINGFIELD.

foiirlli |):iri»li of, Incorporated Into n town by

the ii:iin.'.,f Will.nilrun . . . f.|4

STAMP-ACT [PARLIAMENTARY]
RIOTS. (See Resolves, //.
1123; Votes Asn OmiERs,/>. 114'J;
Votes and Orders or the
CotTNCiL, p. 1100; Resolves by

the nonSEOP RErRESEXTATIVES,

p. 1151; Votes and Orders or
TOE House or Representatives,
p. 1152.)
act for compensating sufferer* and pardoning

offenders 90S

STAMP-ACT [PROVINCIAL]. (.<?«

Paper.)
STEARNS, EDWARD. (See BilUrica.)
STOCK. (See (ii<tl-\ C/iitmark.)

STOCKBRIDGE INDIANS. (See /,,rfi-
tinn; Resolves, pp. 1119. lljn.
1121; Votes and Obdbbs, p.
1139.)
act rclntlnir to Illegal purchases of land from 309
STOUGHTON. (See Resolves, p. 1122.)

second precinct Incorpornted Into n district by

the name of 8touKhl<inham . 8M

to pay to Stoughlonhnm It* proportion of ct-r-

tain Income* for the »<-ho<il Sn9

STOUGHTON HALL, HARVARD COL
LEGE.
lottery niitliorlzcci for re|il.-icing .... 134
8TOUGHTONHAM. (.WREsoLVBs.p.im;
Votes and Orders, p. 1140.)

Incorpornted Into n dl«tr1ct 90S

to Join with Stoughton In choice of rrprowol-

atlvr* tO»

STREETS. (See Bon^ret, Bofirm, Lnmp*,

Way.)
SUDBURY. (.*»<■' Votes and Ordbks, pp.
n.-M. uv,.)

•et Mitborlzlng lottorj- to ralae money forcMU*-

wmy and bridf* In . , ttt

1178

Index.

STJ'DBTJ'RY—Contimied.

further act relating to lottery
act making special provision for tbe settlement
and support of the gospel ministry

SUFFOLK, COUNTY OF. (See Inferior
Court, Sessions of the Peace, Su-
perior Court.)

SUGAR. (See Impost.)

SUMMONS.

in action against absconding debtor, how
served

SUNCOOK.

act enabling proprietors to raise money for sup-
port of minister, renewed

SUNDERLAND. (.See Votes and Obders,
pp. 1133, 1139; Votes and Orders
OP THE Council, pp. 1149, 1150;
Resolves by the House op Rep-
resentatives, p. 1151.)
town of, separated from district of New Salem
In choice of representative

SUPERIOR COURT OF JUDICATURE.
(See Fees, Partition; Votes and
Orders of the House of Repre-
sentatives, p. 1152.)
Court of Assize, and Greneral Gaol
Delivery, times and places of
holding, —

168

SUPERIOR COURT, SiC— Continued.

in the several counties 734

in Cumberland County 373

for Lincoln County .... S74, 424
in Hampshire for Berkshire .... 433

in Middlesex 678, 733

writs, executions, and service thereof ren-
dered valid 752

offences under bribery act to be tried before, 69
justices to appoint freeholders to make par-
tition of lands 321

one justice to issue warrant against estate

of absconding debtor . . . 777'
jurors, how summoned for, in Cumber-
land 424

SUPPLY OF THE TREASURY. (See

Treasurer of the Province.)
SURVEY.

of lands in Framingham 171

"SURVEYOR OP HIGHWAYS.

to be appointed in west wing of Rutland . . 174
SWAN ISLAND.

in the Kennebeck, included in township of Pow-

nalborough 287

SWANZEY. (See Resolves, p. 1121.)

act relating to oysters in 743

said act renewed 991

SWINE.

acts for better regulation of, renewed . . 78, 617

TAIL, ESTATE.

how granted by commissioners in bankruptcy, 42
TARPAULIN-COVE ISLAND.

act relating to killing moose and deer on . . 832
TAUNTON GREAT RIVER.

regulations relating to lishing .... 776
removal of obstructions in, lottery authorized

for 327

TAVERNERS. (See Excise.)
TAXES. (Sec Resolves, pp. 1119, 1120, 1121,
1122,1123; Votes and Orders, /jp.
1124, 1120, 1130, 1132, 1133, 1135,
1137, 1138, 1139, 1140, 1141, 1142;
Votes and Orders of thb
Council, p/). 1140, 1150 ; Resolves
BY the IIousk of Representa-
tives, p. 1151; Votes and Or-
ders OF the House of Repre-

SENTATIVKS, />. 1153.)

Ministerial. (See Ministers, Quakers,
Toinis.)
special regulations in Ashllcld . . . 1016
Province. (See Assessors, Charlemont, Chil-
mark, Collertors, Lenox, Hichmont,
Sherburne, Tonnage, Treasurer,
Tyrinrjhain, Valuation, Wind-
ham.)
acts for apportioning and assessing, 6, 145, 247,
381, 472, 583, R45, 706, 818, 883, 959
granted, 19, 20, 77, 89, 161, 200, 216, 209, 271, 282,
335, 371. 377, 401, 470, 471, 492, 639, 580,
603, 623, 667, 728, 811, 881, 950, 1026

TAX.1S3— Continued.

apportioned, 6, 19, 21, 77, 90, 145, 162, 200, 217,

248, 269, 271, 282, 335, 372,377,382,461,

470, 473, 492, 539, 580, 583, 603, 624, 646,

667, 707, 727, 811, 819, 881, 884, 959, 901,

1026

assessing, rules for, 15, 154, 2G1 , 396, 483, 590, C58,

717, 830, 897, 971

assessors to notify inhabitants to bring in

lists, 10, 154, 202, 397, 484, 597, 659, 718

831, 898, 97-.:

lists to be a rule, unless, 10, 154, 262, 397, 484,

597, 659, 718, 831,898,972

proceedings in default of list, 16, 154, 202, 397,

484, 597, 659, 718, 831, 89S, 072

penalty for faUe list, 10, 154, 202, 397, 484, 597,

059, 718, 831,898,972

appeal to court of sessions, 16, 154, 262, 397,

484, 597, 059, 718, 831, 898, 972

(5e« Selectmen, below.)

loans, deficiency of, provided for hy taxes, 272,

372, 471
merchants residing In one town and trading

in another, how rated, 17, 156, 263, 398,

4S5, 598, 600, 719, 8,32, 899, 973

non-rcsIdents' property liable to be levied on, 17,

156, 26;!, 398, 485, 598, 000, 719, 832, 899, 973

•electmen to transmit lists of non-resident

and transient merchants, Jte., 17, 150, 203,

398, 598, 660, 719, 832, 899, 973

aclectmcn or assessors to return certificate, 15,

164, 261, 397, 483, 597, 669, 718, 831, 898, 972

Index.

1179

TAXES— Cbnttniwd.

surplus provided for, 90, 378, 462, 493, 540, Ml,

604, 624, 607, 080, 812, 882, 956, 1014, 1026

traneient traders, how rated, 17, 155, 262, 398,697,

659, 719, 832, 899, 873

Province Treasurer.

to conform to appropriations, 19, 102, 270, 461,
540, 586, 603, 667, 6S0, 727, 813, 882, 057,
1015
to issue warrants to selectmen or assess-
ors, 15, 19, 21, 90, 154, 162, 103, 200, 217,
261, 270, 271, 272, 335, 372, 377, 396, 461,
470, 483, 493, 539, 580, 590, 603, 624, 658,
859, 667, 717, 728, 812, 830, 881, 897. 959,
' 971, 1026

to Issue warrants to collectors, 16, 155, 262, 397,
484, 597, 669, 718, 831," 898, 972
unimproved lands, regulations as to . . . 532
special regulations for iuhabitunts of Boston

removing to avoid taxes, 600, 719, 832,
899, 973
[For special regulations as to taxes on (he
incorporation of towns, districts,
<tc., see acts, under the names of
totrns, districts, dx.}
TEA. (.See Excise.)

TEMPLETOWN. (5ee Votes and Obdkbs,
pp. 1136, 1137.)

town of, incorporated 633

TENANTS IN COMMON. (See PariU
tion.)
act to prevent waste bj', renewed . . 78, 617
THEATRICAL ENTERTAINMENTS.

act to prevent, renewed 370

THREATENING LETTERS TO EX-
TORT MONEY.

act relating to, renewed 420

TIMBER.

act for securing growth of, at Ispwich and Wen-
bam, renewed .... 731, 074
TISBURY.

acts to prevent damage to beaches and meadows

in 909,988

TOLL.

of miller, regulated 608

on bridge at Blddeford, established . . . 1019
on bridge over Parker River, established . . 1030
TONNAGE. (See Impost, Lighthouse.)
TOPSHAM.

town of, incoi-poratcd 882

TOWNS. (See Assessors, Collectors, Districts,
Fire, Poor, Selectmen, Taxes, Val-
uation.)
bonfires in streets prohibited, act renewed . 617
may join in providing ferry .... 285
may raice excess of money for school purposes, 988
not to be assessed for support of illiterate min-
isters 288

officers for preventing damage to lands, how

chosen 23, 24, 28

rates and assessments, act relating to, renewed, 77,

617
incorporated.

Ashburnhnra 738

Asbby 900

Ashfleld 815

Athol . *34

Becket 8'^

Belcbertown *•*

TOWNS— OonUnued.

Bemardston (go

Boolhbay 731

Bowdolnlism Quo

Bristol (York Co.) hiu

Charlemonl 810

Chesterfield 673

Colraln 4m

Danvcm {

Fltchburg 885

Oorbam 730

Oranby loil

Great Barringtim 4AJ

Lancsborougb 816

* Lebanon 864

Murrayfiold 837

Ncwburyport 676

Ilttsflcld 434

Pownalborough 2X7

RIchmont 817

Royalston 738

Sanford 893

Bandisfleld 631

Shntesbury 464

Templetown 633

Topsbam aS2

T>Tingbam 634

Warwick 604

Wllbraham 644

WiUiamstown 809

Wlnchendon 721

Windham 677

Worthington 1028

or townships, act for regulating, renewed, 8^,

874
TOWNSEND. (See Votes akd ORDKBa, p.
1129; Votes and Ordbbs or tbb
Council,;?. 1149.)
part of, with parts of other townr. erected Into

a town by the name of Aabby . 806
TOWNSHIPS. (See Tou-ns.)

act relating to certain townships frranlcd In Ilea
of Rowley-Canada, Halratown and
Bakerstown, Kivlni; opcciul author-
ity to a'SfBOiirn .... 880

TREASURER OF THE PROVINCE.
(See Apfiroj-riiition', DilU of Bz-
change. Lottery, Parliamentary
Grant, Taxet; REsoi,Trs,/>;>. 1119,
1120, 1121; Vorr;* axi> Orders,

pp. 1124,1127, 1I2H, 1129, 11al,11.T2,

1135, 1137; Votes AMiOuiirRji OF

THE Council, ;>/). 114"*. 1149,11^2.}

empowered to borrow Xs:.,ooo

£H.'..000

. IT

3,600

28,000

. 7«

au.ooo

. 88

180.000

. 160

46.000

. luo

22.000

. 31«

144.600

. 388

41..'>40

. 370

6P.000

. 2«1

4.600

. SU

70,214

. 171

108.000

. 378

49.100

440.480

80.000

460.480

t&.oaii

. 401

1180

Index.

TBEASUKER,

&C.— Continiied.

empowered

borrow £17,251

. 538

35,700

. 578

45,000

. 602

" 38,650

. 623

" 36,635

, 665

" 138,000

. 726

" 197,000

. 810

" " 157,000 . . 880

'• " 125,850 . . 958

" " 100,000 . . 1024

to issue notes therefor, and form thereof, 17, 18,

20, 76, 160, 199, 216, 26S, 271, 282, 335,

371, 376, 460, 470, 490, 491, 516, 538, 578,

602, 623, 666, 726, 811, 880, 958,"1025

appropriations, 18, 19, 21, 160, 161, 199, 216, 2CS,

269, 376, 377, 460, 461, 470, 492, 528, 539,

579, 603, 623, 666, 680, 726, 727, 811, SSO,

958, 1026

to give new notes or receipts for old ones . . 516

form of new receipts 516

to pay old notes, receipts, &c., according to

iheir face, if not exchanged . . 517
interest to cease oil old notes, receipts, &c.,

when 517

old notes to be stamped, if not exchanged . 518
time for exchanging old notes and receipts

for new, extended .... 577
to Issue notes for lottery prizes .... 88
payment, how made .... 89
to receive surplusage of lottery for redeeming

land-bunk bills 291

to take bond of clerk of superior court . . 618
to take bond of collector of excise, proceed-
ings {see Excine) .... 76
to tax Quakers (we Qunkern) . . .91, 193
proceedings in relation to the loan of £3,500 to

the town of Boston (see Bonton) . 399

TREES. {See Ipswich.)

white-pine, act for preventing destruction

of, renewed .... 530, 974
TRESPASS. (See Actions.)

rules and methods of conTiction to be applied
to proceedings under act relating to
the destruction of alewives . . 467
TROVER. (See Actions.)
TRUCK-MASTER. (See Indians.)
TRURO. (See Votes and Okders,/). 1137.)
act to prevent cattle and horses from running
at large at Eastern-harbor mead-
ows, renewed 370

act to prevent cattle and horses from running at
large on certain beaches near Bound
Brook, renewed . . .78, 617
TRUSTEE PROCESS. (See Tmstees.)
act having efi'ect of, against absent or abscond-
ing debtors 108

trustee, appearance, examination, costs,

&c 169, 170

to satisfy execution of his own goods,

&c., in case 169

scire facias, when to issue . . . 169
how discharged .... 169, 170
TRUSTEES. (See Trustee Process.)

of absconding debtor, regulations relating to, 778,
779, 780, 781, 804, 883
of bridge over Parker River, appointment, du-
ties 1031

of Ipswich (inuniiiar Bl-!ii)o1 (see FcJTees) . SOT
TYRINGHAM. (See Resolves, pp. 1120,
1122; Votes and OnnEns, pp.
1137, 1141.)

town of, erected 534

proprietors of, given special powers to raise

and collect money . . . .664

UNIMPROVED LANDS. (See Lands,

Tare..)
UNLAAVFUL ASSEMBLIES.

act for suppressing, renewed ....

617

USURY.

act for restr^nlng excessive, renewed

VAGRANTS. (See Poor.)

iu'lH relating to, renewed . . . 278,706,920
VALUATION. (See Towns.)

of taxable projjerty 422, 985

ntiniber of pulls, &c., to be returned . 422, 985

persons exenijited 422, 080

assessors' oath 422, 986

penalty for iisscssors' refusing, &c. . 423, 980
persons to give in lists to ascessoi's on oath,

If required 423, 987

■sseasors to Iransmit lists to secretary's

office 423,987

additional provisions .... 429

VELLUM. {See Paper.)

act for preventing loss or damage through non-
observance of acts granting duties

VENIRE FACIAS.

writs of, issuing and service ....
new writs, issuing and service
VESSEL. (See Embargo, Excise, Impost, Katy,
Tonnage.)
infectious sickness on, how regulated
loaded with clapboards, shingles, hoops or
staves, not to be cleared without
certificate of inspection .
to pay llgbthouso duty, when cleared from
Plymouth

319
320

Index.

1181

WABE. (See Votes and Ordkbs, p. 1135)

iiioorporutod Into a dialrict 4Sfl

WARE-RIVER PARISH.

iiicorpoiatril into n ilitdrlct by the numc of

AVare 480

WAREHAM.

roLTiilatioiis relating to bunting .... 8U
"WARRANTS. {See Fees, Planlationt, Ser-
vice, Taxes.)
WARWICK. (See Votes and Obders, p.
, 1137.)

• town of, erected 604

WASTE.

by coparceners, Joint tenante, and tenanttt in

common, act to prevent, renewed . 617
W^ATCH.

for guarding houses Infected with small-pox . 7J8
WATCHMEN.

in Boston, appointment and duties . . . 46'2
persons resisting, or refusing to aid, how

punished 462

WAYS. (See Windham; Resolves, p. 1120;
Votes and Oroebs, pp. 1133,
1139; Votes and Obdebs op the

CotTNCIL, p. 1149.)

act relating to highways, renewed . . . 324
act relating to private ways, renewed . . 220
act rilating to repairs of private ways, renewed, 324
discontinuance of private ways, how made . 721
in burnt district of Boston, laid out and con-
firmed 378

WEIiIiFLEET. {See Votes and Obdebs, p.
1139.)

incorporated into a district 664

to join with Eastham in choice of represent-
atives 605

act to prevent damage by cattle, &c., on certain

islands 983

act to prevent destruction of oysters in • . . 743
said act renewed .... . 991

WELLS.

act to prevent cattle, &c., goin^ at large on
beaches, between Wells and Ogun-
quit Harbors, and to prevent mow-

ing the same 27

B.iid act renewed 420

WENHAM.

act relating to growth of timber in, renewed, 731,

S74
WEST HOOSUCK.

erected into a town by the name of 'Wililams-

town 809

WEST W^ING OF RUTLAND. {See
Rutland.)
Incorporated into a precinct . . • .174
WESTBOROUGH.

north precinct of, erected into a district by the

name of Xorthborough . . .839
to join with Weetborough In choice of rcp-

resentath-ea 839

WESTFIELD. {See Bridge; Votes and

Orders, p. 1144.)

bridge over great river, acta relating to . 740, 1023

WESTMINSTER. {See Resolves, p. 1119;

Votes and Obdebs, p. 1180.)

district of, erected

WEYMOUTH. {See Oantle jrilllam.)

inliabltanu to regulate the taking of (bod oad
alewive* within tbo llmlu of the

town axi

persons to be chuaen to flab .... 323

to give aecurlty .... til

penalty fur breach of net . . . Yii

aald act renewed '04

WHALING.

persona engaged in, uxcopte<l from certain acta
concerning datnagc tu land. Sic.,
In Vnnnoulh .... 24, .TJI
WHARFINGER. {See Hood.)
WHEAT. (.s>f Votes AND Obdebs, /-p. ll.T«,

1138.)

act declaring stand trd of GOA

weight of, ascertained 807

measurers, &c., to be appointed .... OOT

act renewe<l Vrl2

act for grunting bounty on wheat roiacd In the

province 627

act limited 85S

WHITE-PINE TREES. {S.e Tree,.)
WHITE'S ISLAND. {See Uarpmell.)
WIDOWS. {.See LutaU* of Per/ton* Deceated,
Service.)
of certain non-conimlaaloned officers and aol-
diers, to receive wages of Without
adrainlKtrallon .... 197, 284
probate-allowance to include pay . . ll»7, 2*4
WILBRAHAM.

town of, incorporated IU4

to join with .Springfield in cholev of repreaenl-

atives ft**

WILD FOWL.

act to prevent dentruction of, renewed . . 419
WILLIAMSTOWN.

erected into a town 8<»9

WILLS ISLAND. {See /Tarj-iweU.)
WINCHENDON.

town of, erecteil 721

WINDHAM. {See RusoLvr.n, pp. 1120, 1123;
VoTEti A.ND Obders, pp. 1137,
1141,1143.)

town of. Incorporated 477

assessors of, empowered to ooaca* tax for

making pnnwiblc ways . . . 1017
proprletora of, enableil to exchange rolnla-

terlal land* for olher« . . 834

WITNESSES. {See Action; Fret.)

not held to attend courta In February, 17M. on

account of amall-poz 484

WOOD.

act to prevent fVaad In cord-woo<> 176

senlcra to be njipolnU'd and •worn . 177

wharfinger not to carry wood till mcaaured,

except '"^

carta or aleda to be mvkcd . . . .177
Boston, rcgulailons for eaiT>'li>f wood In . I7>

sold act renewed M"" *^*

WOODS. (•''"■ TiarnttahU, Falmtmth, ffmntlny.
I'hjmoulH, SandieicA, WartAam.)
oct to prevent firliiif. renewed . . . .617
WOOLWICH. (.sv<KBsoi,rB»,p.lll9: VoTM
ASD Obdebs. p. 1131.)
district of, inoorpormted . .... Ml

1182

Index.

W OOli'WlC'H—Contiwied.

to join with Georgetown in choice of repre-
sentatives

WORCESTER, COUNTY OF. (See In-
ferior Court, Sesiiona of the Peace,
Superior Court.)
assessors of certnin new plantations in, author-
ized to levy on and sell delinquent
proprietors' lands
WORTHINGTON. {See Resolves, p. 1123.)

erected into a town 1028

inhabitants and original purchasers em-

267

633

WORTHINGTON-CbnWnued.

powered to choose officers and

grant money 1029

original proprietor to file list of persons
with whom be has agreed as set-
tlers 1029

penalty for false list .... 1030

regulations as to taxes 1030

WRITS. {.See Actions, Fees.)

sheriff, &c., not to draw or fill, unless . ' . 174
service of, doubtful on account of change of

time, rendered valid . . . 752

YARMOUTH. (See Barnstable, ffarwich.
Whaling.)
acts to prevent damage at Nobscussetby cattle,

&c 23,323

said act renewed 1022

act to prevent damage by cattle, &c., on mead-
ows and beaches near . . . 519
YOKUMTOWN AND MOUNT EPH-
RAIM. (See Stockbridge In-
diana.)
land BO called, incorporated Into one distinct

propriety 680

YOKUMTOWN, SlC— Continued.

incorporated into a town by the name of

Richmont 817

YORK, COUNTY OF. (See Cumberland
County, Inferior Court, Lincoln
County, Sessions of the Peace, Szi-
perior Court; Resolves, p. 1120;
Votes and Ordeus, pp. 1132,
1138.)
two new counties erected from easterly part of, 372
act for building bridge over Saco and Presump-

Bcot Rivers 4(

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