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LAWS 

OF THE 

STATE OF MAINE, 

VOLUMES 1 AND 2 ; 

WITH THE 

COirSTITUTIOW OF THE U. STATES 

AND OF SAID STATE, 

PBXSFIXBD. 

ALSO, 

NOTES AND REFERENCES, 
Delineatiiig the additions and modifications thereof^ 

WHICH HAVE B££If ENACTED BY THE LEGISLATURE OF THE STATE, 

FROII 

I8U to 1834. 

TO WHICH ARE APPENDED, 
IN NOT5S AND COMMENTS. 

A FULL S YN O PS I S 

Of the DecuioDs relating thereto, contained in the 17 volumes of M&flsachuaettB Re- 
ports; 10 voittmes Pickerhig's Reports, and 7 volumes of Greenleaf's Reports. 



BT FRANCIS O. J. SMITH, 

COUNSELLOR AT LAW. 



- Tol. II. 



THOMAS TODD and COLMAN, HOLDBN k, CO. 
1834« 



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ADVERTISEMENT. 



The present edition of the first two volumes of the Laws of Maine is designed for tlie 
use of all classes of citizens, and not for those exclusively who are engaged in thepractioe 
of Law. And it is confidently believed, that in all ordinary cases of inquiry into the pro- 
visions and meaning of the Statute Laws which it contains, it will be found upon exper- 
iment to serve as a useful substitute for the thirty-four volumes of Law Jleports, from which 
its notes liave been carefully extracted. 

An examination into the plan of the work will exhibit — 

Ist. Marginal references to the original statutes of Massachusetts from which each chap- 
tei'of the aforesaid Laws of this State were copied, or compiled: 

2dly. Abstracts of all the material decisions and consuuctions made by both the Supreme 
Judicial Court of Magsachusetfs!, and tt)^ corresponding Court of this Stale, relating to 
said Statutes, or to Practice under them, as embraced ia seventeen \<olum^s of Massachu- 
setts Reports, ten volumes of Pickering's Reports, and seven volumes of Greenleaf 's Re- 
ports, and covering a period of more than twenty-seven years of judicial history: 

3dly. Notes and references to all additions, and alterations which have been made to 
them by the Legislature of this State, since 1821 and up to the present time. 

This plan has elicited the commendations of several of the most eminent jurists in the 
State, to whose consideration it was submitted. And although I am sensible that there 
may be imperfections in the execution of it, I feel conscious of having spared no pains of 
which my otlier avocations would permit, to render it accurate, and alike useful to members 
of the Bar, to Legislator?, public officers and every private citizen who may have occa- 
sion to consult the Statute laws of this State. 

I liave been often a^kcd, why I have not embraced in this edition the third volume of 
the Laws. And it may be well, |)erhaps, tliat my reasons for omitting to do so be stated 
here. 

Int. The statutes comprised in the third volume have b*»en recently compiled under the 
direction of the Stale, u[)on n plan conforming to that of the present voltimes nearly to 
the full extent that was practicable. 

2dly. Those statutes are in their character unlike those comprised in the present vol- 
umes, in that thpy are mostly of recent artd adventitious origin, and comparatively of 
untried operation: and, therefore, of uncertain utility and duration. 

8dly. Very few of tlicm have been made the basis of any judicial decision or construc- 
tion ; and such of them as itave l)ccn so, arc not of sufficient general interest and magni- 
tude to warrant the increased expense of a republication, at this lime, of the whole vol- 
ume, for the mere advantage of connocting therewith alwtnicts of such few adjudications 
upon tliem. 

4thly. The original paging of the former edition of the first two volumes being referred 
tain the edition of the third volume nKMUioncd, andrfilso retiimsd in these volumes; and 
the {leging of the rl»ird volume being liUpwi;**^ made oTie class of the references contained 



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ADVERTISEMENT. 

herein, the connection of the series is made as complete and entire as it could have been 
made, had the third volume been wholly republished. 

The whole of these volumes have been carefully compared with the original manuscript 
laws in tho office of the Secretary of State. And not only the variations of the present 
edition from the originals have been noted, but the **error8 in the originals" are also 
pointed out in detail, as will be seen by reference to the certificates of the Secretary of 
State, at the end of the respective volumes. The careful comparison which has thus 
becti instituted renders this copy of the Statutes far more perfect than has ever before 
been published in tlie State. 

With tliese explanations, I spread the work before the public, in the hope that it 
may prove of some service ia rendering the laws and jurisprudence of the State more 
easy of comprehension, and of more practical convenience, than they otherwise might 
be, to all who are or may be interested therein ;— and not doubting that the seal of public 
approbation upon it will be justly graduated to its actual merits. 

FRANCIS O. J. SMITH, 

Portland, January, 1834. 



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liAWS 



OF run 



STATE OF MAINE 



Chapter 119.^ 1*157^ 

AN ACT to authorize tho Governor in certain cmes to offer a Reward> and for 
other purpoees. 

JBE it enacted by the Senate and House of Representa- Governor may 
tives^ in Legislature assembled^ That the Governor bo, and ^^^^^tllg 
he is hereby authorized, whenever it shall appear to him ne- ^^^^ ^''?; ^' 

^ ' » * apprehending 

cessary, to offer and pay a suitable reward, not exceeding pnsonew e«ja- 

.* pod, or persona 

one thousand dollars in any one case, to any person or per- charged with 
sons, who shall, in consequence of such offer, apprehend. 



bring back, and secure any person or persons escaping from 
any of the prisons of this State, convicted of any capital Mar. 8, 1802.] 
crime, or other high handed offence, and misdemeanor, or 
charged therewith. And be is also further authorized to of- 
fer and pay a like reward for the apprehending any persuii or 
persons, having committed any such crime or offence as 
aforesaid, where it cannot be done in the ordinary and com- 
mon course of proceeding ; if in his opinion the public good 
requires it. And the Governor, with advice of Council, is And may draw 
hereby authorized to issue his warrant on the Treasury, for Tre^Jil^Vor'* 
the payment of such reward. [Approved February 28, ^" 
1821.] 



Vol. II. 



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548 FUGITIVES FROM JUSTICE. 

Ch. 113. Chapter 113.* 

[•458] AN ACT proTidiog for th« appointment of Agents for demanding and receiTing 

Fugitives from Justice, 

Wberxas it is provided by the Constitution of the United States, that a person 

Fugitives from charged in any State with treason, febny, or other crime, who shall flee from 

^ * justice and be found in another State, shall on demand of the executive authori- 

rMass. Stat. ty of the State from which he fled, be dd&veted up to be removed to the Sute 

June 18,1801.] having jurisdiction of the crime: And whereas by an act of the Congress of the 

United States of America, passed on the twelfth day of February in the year of 

our Lord one thousand seven hundred and ninety-three, it is, among otbo: things, 

provided, that the executive authority of each State, to which any such person 

shall have fled« shall deliver him over on demand of the executive authority of 

the State, where the crime shall have beeo committed, to the agent of the State, 

vrhich shall make the demand: • 

Sect. 1. JBe it enacted by the Senate and House of 
a ^^ISTan"**^ R^P^^^^^^^^^^7 *** LegUlotnre assembledy That the Gover- 
ageot to de- noF of this State be, and hereby is authorized, in any such 

roand of the , ^ •' 

Executive of casc, to appoint an agent or agents to demand of the execu- 
Stote.^'a fogi- tivc authority of any other of the United States, any person 
^ from jus- ^jjQ gjjjjj |jg charged with treason, felony, or any other crime 
CBj 8 n ^^ ^^^^ State, and may, by and with the advice of the Coun- 
cil, issue his warrant on the Treasury to defray the expen- 
ses of such agent in making such demand, and in transporting 
the person, so charged, from any other State to this. 
And siiaii bv Sect. 2: Be it further enacted^ That when a de- 
his warrant niand shall be made on the executive authority of this State, 

Bead fwitives 

from other by that of any other, for the delivery over of any person 
found 'in this charged with treason, felony, or other crime, in the State, 
S^^dS^^! from which the demand shall be made, the Governor shall 
ed^the line jggue his Warrant, under the seal of the State, authorizing the 
agent or agents who shall mal^e the demand, to transport such 
person so delivered over, to the line of this State, on the 
way to the State which shall make the demand, at the ex- 
pense of such agent or agents, and shall also in such warrant 
command all civil ofBcers, within the State, to afFord such 
agents all needful assistance in transporting such person, so 
charged, pursuant to such warrant. [Approved February 24, 
1821.] 



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R£GULATION OP TOWN MEETINQ8, he. 549 

Chapter il4«* Ch. ii4. 

AN ACT regukuiog Towm, Town-MeeUngs and the choice of Town Officers. [*459] 

Sect. 1. liE it enacted by the Senate and House of QnnW&c^iaon 
RepresefUatives^ in Legislature assembled^ That evexy male ®^*°^"' 
citizen of this State, of twenty-one years of age apd upwards, 
except paupers and persons under guardianship, who has re- 
sided within any town or plantation for one year (a) next pre- 
ceding his votmg and during said term has been taxed for his 
poll, or any estate in any tax voted to be raised by said town 
or plantation, shall be entitled to rote in such town or plan- 
tation in the election of all town or plantation o£Bcers, and 
in all other town or plantation affairs : Provided, When- p^^^-^^ „ ,^ 
ever the inhabitants of any town are legally assembled to act ^^^ **" p*" 
on any subject relating exclusively to parishes, no person, tions. 
who is not a member of said parish and liable to be assessed 
for parochial charges, shall be permitted tA ^M^t^ »« oxxch. meet- 
ings. And tha,iiiu2^>«y iriuresaid, in any town shall, in the 
mondr of March or April annually, assemble at such time ings to be hoi- 
and place, in the same town, as they shall be notified to at- or April 
tend by the Constable or Constables of the town, or such rMan.^ stat. 
others as the Selectmen shall appoint to notify the same ; Mar. 23, 1786, 
and the citizens aforesaid shall thenf and there, by a major [fSee onward, 
vote, choose a clerk (who shall be under oath truly to record ^o^ offioen 
all votes passed, in such and other town meetings during the thentobechoa 
year and unul another Clerk shall be chosen and sworn in his 
stead, and also faithfully to discharge all the other duties of 
his said office ;) three, five or seven able and discreet per- 
sons of good conversation, inhabiting in the town to be Select- 

(a) 1. **Every person within this State qualified by the Constitution of this 
State, to vote for Governor, Senators, and Representatives, in the town or 
plantation where be resides, shall bo entitled to vote in the election of all 
town or plantation officers within such town or plantation. And any person 
who shall be convicted of voting in two or more towns or plantations for the 
choice of town or plantntion officers, at any annual election thereof, shall bo 
pnnishable by fine not exceeding one hundred dollars, to be recovered on in- 
dietment before uny court of competeot jozisdjctioii within this State." Ste 
Statute pa»std Feb. 6, 1888. 

2. Williams vs. Whiting & als. 11 Mass. 424. 



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550 REGULATION OP TOWN MEETINGS, ke, 

Ch. 114. men (6), and Overseers of the poor, where other persons 
^-^"^^"^^ shall not be particularly chosen to that office (which any town 
[tRespecting ^^7 ^^ ^^ ^^^7 ^^^^^ think it necessary and convenient) three 
^"^1^*1 s ^^ niore Assessors, two or more judicious persons for Fence 
act passed Vicwcrs, Treasurer, Surveyorsf of Highways, Surveyors of 
ch. 27.] * Lumber, Wardens, Tythingmen, Sealers of Leather^i Mea- 
see chr428, § surcrs of Wood, Clcrks of the Market, Constables, and oth- 
270.V^' p. ^j. usudl town officers ; the election of Moderator of such 
Certafa^^ meetings. Town Clerks, Selectmen and Assessors, shall be 
by ballot. by Written ballots, and all other of said officers* by ballot or 
[Maas. Stat. ^^^^ Other method as the voters agree upon ; and during the 
June 18, 1811, election of the Moderator for any town meeting, the town 
Clerk shall preside, and shall have all powers and do all the 
Jvrii?t'on>(? ^"^*^s which the Moderator of a town meeting by law has and 
c^Mt^bi*^^ does perform (c). And the town Clerk, or two of the Select- 
TMoBB Stat. ^^^"5 ^^^'' forthwith make out a list of the names of all those 
Mar. 28, 1786, wlio shall be tfieu t.l>ocon into office, of whom an oath is bv 
law required, and deliver the same lo oomp Constable or 
dutj^ thereap- Constables of the same town, together with a warrant to him 
**"• or them directed, who is hereby required, within three days 

after receiving such warrant, to notify and summon each of 
the said persons to appear before the town Clerk, within sev- 
en (d) days from the time of such notice, to take the oath by law 
Penalty for of- prescribed to the office, into which they are severally chosen ; 
ficera' not ap- ^j ^very person (c) who shall neglect to appear before the 

(fr) Ch. 260, § 3, vol 8, p. 90, reqairea the selectmen to be sworo, pre- 
vious to eutering upon the duties of their office. 

{e) 1. It is incid«ot to the office of town clerk to receive nod count the votes 
given in for a moderator of a town meeting. DotUs vs. Henry, Jr, 9 Mass. 
262. 

2. In the absence of the town or plantation clerk, it is made the doty of 
the selectmen, or assessors to preside, by ch. 260, vol. 8, p. 89. 

{d) Town clerks have authority to qualify officers elect, after the expira- 
tion of **seven days** — the time specified being directory only. Colman 4* 
aL vs. Anderson, 10 Mcus, 113. 

(«) Upon the choice of a coUector of taxes, the town 01% lawfully require 
sureties for the faithful discharge of his office; [see next chapter, § 28] and 
a refusal to find such snreties is a non acceptance of the trust even after the 
person chosen has taken the oath of office. Morrill vs. Sylvester, 1 Olf. 
248. But the penalty annexed to the refosal to accept a town office, does 



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RBOULATION OP TOWN MEfiTINQS, Jke. . 65 L 

town Clerk, within the said seven days, and take the oath of Ch. 114. 
office unto which he is chosen and summoned as aforesaid, ^"^i^'^'"*^ 
unless such person is by law exempted from serving in the of- twornf 
fice ; which oath the town Clerk is hereby authorized to admin- 
ister, shall forfeit and pay to him or them that will inform or 
prosecute therefor, the sum of five dollars, except those of- 
ficers, for whose neglect a difierent penalty is provided, two 
thirds for the use of the town, and the other third to the use 
of the prosecutor : Provided alwaysy that any person who ^^^ ^f i^i„- 
shall take, the oath of office before a Justice of the Peace, ■^**'"" ^^^ ^l' 
and file a certificate thereof with the town Clerk within the 
said ten days, shall be exempted from the said fine ; and 
every Constable shall, at the expiration of the term of ten days 
from the time of receiving such warrant, make a return into 
the Clerk's office of the same town, of the warrant to him 
committed as aforesaid, with his doings thereon, for a neg^ 
lect of which, he shall forfeit and pay the sum of six dollars, 
to be to the use of the town ; the Constable to be allowed 
such reasonable sum for his services upon this and other 
town business as the inhabitants shall agree upon. And the 
town Clerk shall make a record of such persons as shall from re^rd, &^. 
time to time be sworn into office before him, or of such as 
shall file certificates of their being sworn, as aforesaid ; and 
no peifson shall be obliged to serve in any town office two 
years successively. 

Sect. 2*. Be it further enactedy That wheii by reason of [*4ei] 
non-acceptance, death or removal (/) of any person chosen Vacancies in 
to office in any town at the annual meeting for the choice of how to be fill* 
town officers, or at any other time, or by reason of a person's 
becoming non compos, there id a vacancy, or want of such 1^^*^ ^ ^'^ 
officers, the town being orderly assembled in the manner this 
act directs, may proceed to a new choice of officers to sup- 
ply and fill such vacancy ; and the person or persons thus 
chosen and sworn before the town Clerk or a Justice of the 

not extend to a collector of taxes. lb. By ch. 837, § 7, vol. 3, p. 183, 
bonds may be reqaired of town treasurer, and a refusal to {tve theou is to be 
taken as a refusal to accept the office. 

(/ ) Retfiovah here, means a removal from the town. Bwrre of . {?r^«i»- 
wich, 1 Pick, 129. 

Vol. II. 2 



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553 RBGIHLATION OF TOWN KIETIKaS, ftc 

Ch. 114. Peace) (iacase an oath of office is by law required) shall 
^•^'>^'^»^ have the same power and authority to discharge the duties of 
the office, as though chosen at the annual meeting for the 
choice of town officers. 
Power and da- Sect. 3. Be it further enacted^ That at every town 
ty of Modera- meeting, a moderator shall be first chosen by a majority of 
votes, who shall be thereby empowered to manage and regu- 
late the business of the meeting ; and when a vote declared 
by the Moderator, shall immediately after such declaration, 
be scrupled or questioned by seven or more of the voters 
present, the Moderator shall make the vote certain by ^)olling 
the voters, or such other way as the meeting shall desire. 
And no person shall speak in the meeting before leave first 
had and obtained from the Moderator, nor when any other 
person is orderly speaking : and all persons shall be silent al 
the desire of the Moderator on pain of forfeiting one dollar 
for the breach of every such order, to the use of the town ; 
and if any person shall, after notice from the Moderator per- 
sist (g) in his disorderly behaviour, then it shall be lawful for 
the Moderator to direct such disorderly person to withdraw 
from the meeting ; and such disorderly person upon his re- 
fusal or neglect to withdraw, shall forfeit and pay a fine of 
three dollars, to the use of the same town ; and may also by 
direction of the Moderator be carred out of the meeting by 
some Constable of said town, and put into some place of con- 
finement, and there be detained for the space of three hours, 
onless^he town meeting shall sooner adjourn or dissolve : 
FroTMo aa to Provided always^ That town meetings for the choice of 6ov- 
for choice or cmor. Senators and Representatives, shall be had as the Con- 
rM!nte,pp.24, stitutionf directs ; any thing in this act contained to the con- 
rM62i ^'^^ notwithstanding. And the Moderator of* any town 
Moderator meeting chosen as aforesaid, is hereby authorized, in case no 
ter^aUwrin" Justice of the Peace be present, to administer to the Clerk 
in open town meetmg, the oath (A) by law prescribed to the 
same office. 

{g) The penalty will BOt aUach, onless the oflTender persists in such beha- 
▼ior al\er notice from the Moderator, and does not withdraw from the meet- 
ing after bekig directed to to do. Oom. ««. M&xty, 16 Ma$8. 885. 

(A) When a moderator administen the oath of office (o a town officer, he 



certain cases. 



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REQULlTICm or TOWN MEimHGS, Ass. 558 

Sect. 4. Beit further etMcied^ That if the Moderator or Ch. 1 14. 
Selectmen presiding at any town meeting, without the consent ^"^"^^1^^ 
of the voter, shall read or examine, or penmt anj other person lectmeo or 
to read or examine the name or names written on his ballot or ^it ^^'to^ 
ticket, with a view to ascertain the name of the candidate vo- jSJ^S^^ 
ted for, beibre the poll is closed, the Moderator, Selectmen P^^* 
or Selectman so offending, shall each of them on conviction, mna. Stat. 
forfeit and pay to the use of such town, the sum of twenty i^j,^^®* ^^^' 
dollars, to be recovered by indictment in any Court proper 
to try the same. 

SscT. 5. Beitfurtiierenact^y That when there shaU be Mode of caiu 
occasion of a town meeting, the Constable or Constables, or ISfs!*'^ "****' 
such other person as shall be appointed for that purpose by 
WBrrant(t) from the Selectmen, or the major pu^t of them, shall Mar. in, 1786* 
summon and notify the inh^itants of such town, to assemble 
at such time and place, in the same town, as the Selectmen 
shall order ; the manner of summoning the inhabitants to be 
such as the town shall agree upon ; and when ten or more of 
^e freeholders of a town shall signify in writing their desire 
to have any matter or thing inserted in a' warrant for calKng 
a meeting, the Selectmen are hereby required to insert the 
same in the next warrant they shall issue for a meeting, or 
call a meeting for the express purpose of considering thereof ; 
and no matter or thing shall be acted upon in such a manner ^^ed mxm ^ 
as to have any legal operation whatever, unless the subject -^JuSed ia*** 
matter thereof be inserted in the warrant for calling the meet* warrant for 
ing ; and in case the Selectmen shall unreasonably deny to Justice of 
^all a meeting upon any public occasion, any ten or more of ^^n'^m 
the freeholders of such town may apply to a Justice of the ^'•*' ^' 
Peace within and for the same coimty, who is hereby author- 
ized and empowered to issue his warrant under his hand and 

jhoald make oat a certificate of the OBtb» and tbeeaaie aiioold be iied among 
the papers of the town, as romishiog the regular evideiiee that the oath had 
been adnainistered. Mbot vs, Hermon, 7 0{/1 120. 

(t) 1. 6ee note* to 4 8> of eh. 185, In this Tolnme. 

2. Seals are not essential to snch a warrant , Colman 4r ai, et . Ander^ 
ton, 10 Mass, 118. 

S. For proceedings where a town is destitute of offleen to caD meetbgs^ 
aee oh. 888, vel. 8, p. 164. 



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664 RZGUULTION OF TOWN BfEETINGS, ke, 

Ch. 114% seal directed to the Constable or Constables of the town, if 

^"^'^^^ any such there be, otherwise to any of the freeholders applying 

therefor, directing hira or them to notify and warn the inhab* 

itants qualified to rote in towi> affairs, to assemble at such 

[*463] time and place in the sanfe town, as the said* Justice shall in 

bis said warrant direct, and for the purpose in the same war- 

If majority of rant expressed : And when by reason of death, removal (j) 

w^cate tVeIr or resignation of Selectmen, a major part of the number orig- 

j!S?iiTof*uri^ inally chosen shall not remain in office within any town ; in 

vors, &c. may evcry such casc, a major part of the survivors, or of such as 

call meetings. ^ / ^ i 

remain in office, shall have the same power to call a town 
meeting as a major part of the whole number first chosen. 
Towns, at ic- Sect. 6. Be U further enacted^ That the citizens of 
nwy"raiTO^ any town, qualified as aforesaid, at the annual meeting for the 
monies, &c. ^hoice of town officers, or at any other town meeting, regu- 
[ib. § 7.] larly warned, may grant and vote such sum or sums of money 
as they shall judge necessary for the settlement, maintenance 
and support of the ministry, schools, the poor, and other ne- 
cessary charges (fe), arising within the same town, to be as- 
sessed upon the polls and property within the same, as by 
and make bye- ^^^ provided ; and they are also hereby empowered to make 
^^'' and agree upon such necessary rules, orders and by-laws, 

for the directing, managing and ordering the prudential afiairs 
of such town, as they shall judge most conducive to the 
peace, welfare and good order thereof ; and to annex penal- 
ties for the observance of the same not exceeding five dol- 
lars for one offisnce, to enure to such uses as they shall there- 
to be approved in direct : Provided^ They be not repugnant to the general 
Besfions. laws of this Stato : Jlnd provided also^ Such orders and by- 

(j) See note/, to § 2, of this chapter. 

(k) 1. The power given to towna to raise money Tor ''necenarr charge*," 
oxtesdt only to those ezpenaes which are incident to the dkcfaarge of earpO' 
rate dtUies, Bussey vs. Gilmore, 8 Glf, 101. 

2. Hence a tax of money for the discharge of a contract entered into by a 
town with the corporation of a (oil bridge, for the free passage of the bridge 
by the citizens of tho town, was held illegal, and transcending its powers. 

lb. 

3. So was a tax to gire additional wages to the militia for defending the 
lown against a hostile invasion. Stetgon v$, STempion 4* alt. 13 Masi. 272. 



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REGULATION OF TOWN MEETINGS, &c. 555 

laws shall have the approbation of the Court of Sessions of Ch. 114. 
the same county. v-^-v-^-/ 

Sect. 7. Be it further enacted^ That the inhabitants of Towns mRde 
every town within this State, are hereby declared to be a *^J*®* p<*'"[*^ 

•' ' •' and corporate, 

body politic and corporate ; and Iw such may commence and ^^^ may »«• 

'' *^ ... ^ and b« ■"«*• 

prosecute any suit or action m any Court proper to try the 
same ; and may also defend any suit or action commenced 
against them ; and for this purpose the said inhabitants qual- 
ified and convened in manner aforesaid, may nominate and 
appoint one or more agents orattornies. The choice of the Choice of an 
agent or attorney, certified by the town Clerk, shaU be deem- proved, 
ed and taken sufficient evidence of such appointment. And ,., . 
when any suit shall be commenced against any town, a copy towns tote 

- , • . • • 1 till served 80 days 

of the writ or origmal summons, or sucii other legal process before Court. 

as may issue against tliem, shall be left with the Clerk of 

such* town, or with one of the Selectmen ^thirty days at least [*464] 

before the day (/) of the sitting of the Court unto which the 

same shall be returnable. 

Sect. 8. Be it further enacted^ That the bounds (m) nouadariee of 
of all townships shall be and remain as heretofore grant- ph^^*^a" 
ed, settled and established. And to prevent an interfer- *'"«« to be nm 

. . ,1- every five years 

ence (n) of jurisdiction, the lines between towns shall be &c. bv select- 
run and the marks renewed within three years from the last 
day of March next, and once every five years forevet after, ^ • ^ '^ 
by two or more of the Selectmen of each town or such other 
persons as they shall in writing appoint to run and renew the 
same ; and their proceedings, after every such renewal of 
boundaries, shall be recorded in the respective town books ; 
the Selectmen of the most ancient town to give ten days no- Mode of pro- 

,£,, rti... ^ ceedinginsuch 

tice in writing unto the selectmen of the adjoining town, of cases, 
the time and place of meeting for such perambulation : and 
the Selectmen who shall neglect their duty in notifying or at- 
tending, either personally or by their substitutes, to perambu- 

(/) Meaning the first day of the term. Anon. 5 Mass* 198. 

(m) Acts prescribing the limits of coonties vi4 towns are poblio acts of 
which the court will jadicially take notice. Com, ot . Springfield, 7 Mass, 9. 

(n) In case of controversy between town^ respecting boandariesy aee <%An 
Act for ascertaining and establishing the jurisdictional limits of towns,*' pass- 
ed March 9, 1882. 



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556 REGULATION OF EJECTIONS. 

Ch. 115. late the lioe at the time and plaoes assigned as aforestfid, shall 
^-^"'^■''^ severally forfeit and pay the sum of ten dollars, two thirds to 
the use of the town which shall comply with their duty as 
aforesaid, and the other tliird part unto any two or more of 
the Selectmen of the town so complying, who are hereby 
empowered to inform or sue therefor in the Circuit Court <rf 
Common Pleas for the same county, at any time within two 
years after the forfeiture shall be incurred and not afterwards. 
[Approved March 19, 1821.] 

Additional Act, ch. 260, Vol. 8, p. 89. 



Chapter US. 

JkN ACT regulating Electiou. 

AMOMors to Sect. 1. l3E it enacted by the Senate and House of 

"o*t^(br^state Representatives^ in Legislature assembled^ That it shall be 
oflSccre, &c. jiie duty of the Assessors of each town within this Slate, on 

before l«t. of •' * ^ 

AugiMt annual- or before the first day of August annually, to make out and 
deliver to the Selectmen thereof, a correct and alphabetical 
rjfasa. Stat. \\^i z^) q[ jQ} guch inliabilauts of their respective towns as 
$ 1.] shall appear to them qualified by the Constitution of this State, 

£*465] or of the United* States, respectively, to vote for Govern- 
or, Senators, Representatives in the Slate, or in Congress ; 
Selectmen to which list it shall be the duty of the Selectmen of such town 
in 10 days. ' at some lime within ten days then next following, to revise 
and correct, as to them shall appear necessary, so that the 
same shall, in their opinion, be a complete list of such of the 
inhabitants, within their respective towns as shall be consti- 
Awessors of tutionally qualified to vote in the elections aforesaid : And 
make like lists, the Assessors of every plantation are alike required to fur- 

(a) I. The preparation of an alphabetical list is not necessary to thevalidity 
of the election — the statute being in this respect merely directory. Mu8$ey 
t$, WhHei^al. SOtf. 290. 

2. By ch. 518, § 1 , vol. 3, p. 371 , soch list most be deposited in the office of 
the town or phmtation clerk, and also posted np in the town, in one or more 
plaoes, on or befbre the twentieth of Avgwt annnally. 



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REGULATION OF ELXCTIONB* 557 

Bish themselres with like lists, on or before the tenth day of Ch. 115. 
August annually ; and it shall be the duty of the Selectmen ^ ^^'"'^'"^ • 

1 1 A r t t ' 1- Selectmen of 

of such towns, and the Assessors of such plantations, to be towns and as- 
provided with, and have a complete list as aforesaid at every ^J^m toha°e 
meeting for the choice of Governor, Senaiors and Repre- ^^tillg^'for 
sentatives in the Legislature or in Congress : which list shall |J^ i^^be 
so be corrected, previous to the opening of any such meeting, corrected bc- 
as to contain all the qualified voters for the particular elec- meeting, 
tion then to be made ; and it shall be the duty of such Se- Selectmen and 

' ^ ^ •' amesnora to be 

lectmen or Assessors to be in session at some convenient »« sesaion im- 

mediaielv faS* 

place, immediately preceding such meeting, for so long time fore auch 
as they shall judge necessary to r«;eive evidence of the qualr ^We p^©^,"^ 
ifications of persons, whose names have not been entered on p^'viooa no- 
the list aforesaid ; and to eive public notice of the time and ^^^ ?^ ■'^^ 

, , ^ '^ . meeting to ba 

place of such meeting in the warrant for calling such town given. 
or plantation meeting. 

Sect. 2. Be it further enacted^ That in any town where j^ ^^^^^ g^. 
the number of qualified voters sludl exceed two thousand, it {j|in*°§J3^<> 
shall be the duty of the Selectmen of such town to be in ses- *«?. ■eieeunc* 

1 11- t. 1 tobeinaea- 

sion at some convenient place, on the day immediately pre- aion day before 
ceding such meeting ; and when this shall happen on Sun- ^^onerf if ne- 
day, then on the Saturday immediately preceding such meet- ^^^"^^^^ 
tng and for a tinoe as much longer, previous to said day, as r|Maw. Stat, 
they shall judge necessary, to receive the evidence of the § Jj * 
qualifications of persons mentioned in the first section of 
this act. 

Sect. 3. JBe it further enacted^ That no such meet- intoii^M ^on> 
ing shall be opened at an earlier hour than eleven of the clock Slui'^a" vcJ^ 
of the forenoon of the day of election ; provided that any *®"*if*!I?!!!L 
such meeting in any town where the number of qualified vo- before ii 
ters shall exceed five hundred, may be opened at an earlier erwise not. 
hour at .the discretion of the Selectmen of such town. 

Sect. 4*. Be it further enaetedy That it shall be the [•466] 
duty of the Selectmen of each town, and the Assessors of ing town and 
each plantation in this State, by their warrant, to cause the meetUigvlfor 
inhabitants of such towns and plantations, qualified according ^^ oOcen, 
to the Constitution, to be notified and warned, seven days at 
least, before the election, to assemble in their respective T^8,p,"8i9.i 
towns **and plantations, on the second Monday of Septein- 



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proper votes. 



558 REGULATION OF ELECTIONS. 

Ch. 115, ber (^) annually, to give in their votes for Governor, Sena- 
""^'^'""^ tors and Representatives, as the Constitution requires : such 
meeting to be warned in the manner there legally established 
for calling other town and plantation meetings ; and at the 
meetings called for the purposes aforesaid, such proceedings 
shall be had as the Constitution requires. 
AtBuch meet- Sect. 5. Be U further enacted^ That the Selectmen 
&c. to preside! and Asscssors, authorized and required to preside (c) in any 
leb^4^i796 "^^^^^^S ^^ ^ towu or plantation, which shall be convened for 
§ 8] the election of Governor, Senators and Representatives in 

ir powers, ^j^^ Legislature of this State, shall have all the powers which 
are legally vested in the Moderator of town meetings for the 
regulation thereof. And in such meetings, the Selectmen or 
to refuse im- Asscssors presiding, shall have power, and it shall be their 
duty to prevent and refuse the vote of any person not quali- 
fied to be an elector, whose qualifications shall be determin- 
ed according to the Constitution of this State, or the Consti- 
tution of the United States, as the case may be. 
Seiectmen,&c. Sect. 6. Be U further enacted^ That whenever a meet- 
vStcTfor^Sen- '"S ^^ holdcn in any town or plantation for the pufpose of 
br^ hrinTon ^hoosing Govemor, Senators and Representatives, the Se- 
ooe iwt. lectmen or Assessors presiding at such meeting, be, and here- 

[Maffl. Stnt. ^y ^^^ directed to call on the voters in such meeting qualifi- 
Mar.7, 1801, ed for choosiug such officers, requiring each of them to give 
in their votes on one (d) list for as many diiferent persons as 
are then to be chosen to the office of Senators. 
^^^ Sect. 7. Beit further enacted^ That no person shall be 
vote until hi* permitted to eive in his vote at any meeting of a town or 

name has been *^ . iji/. i. r i. rri r 

found in the plantation, holdeu for an election to any ol the offices afore* 

'^' said, until the Selectmen of such town, or the Assessors of 

[lb. § 4.] gy^i^ plantation, presiding at such election, shall have had rp- 

portunity to inquire his name, and found the same in the list 

aforesaid ; and any person wilfully voting contrary to the 

(6) If no choice of Representative be effected on that day, the n)eeting 
ii to be adjourned to each succeeding Motiday, until an election be effected. 
See aet passed Mar. 4, 1833, cb. 81. 

{e) Id ca«e of their absence or refosal, officers pro tempore may be cho- 
sen and sworn, by provisions of act passed Mar. 4, 1833, ch. 81. 

{d) Sm further provisions upon this, in ch. 518, § 3, voL 3, p. 872. 



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REGULATION OF ELECTIONS. 659 

provision* of this section, or who shall give any false answer Ch. 115. 
to such Selectmen or Assessors, being duly thereof convict- ^ ^-^'>^^^^ 
ed, shall forfeit and pay a fine not exceeding thirty dollars, voting or giv- 
for each and every offence, according to the nature and ag- i^er. *"" 
gravation thereof. t*467] 

Sect. 8. Be it further enattedy Thai if any person, who Penalty for 
is by law authorized to preside at any meeting, or to receive J^j^r^|iv*i^<? 
votes at any meeting, which may be holden for the choosing ^o*p contrary 
of Qovemor, Senators and Representatives to the Legislature, 
or any town officers, shall knowingly receive the vote of any V^^ fg^4 , 
person who is not qualified to vote agreeably to the Consti- 
tution and laws of this State, in choosing as aforesaid ; such 
person so presiding or receiving any vote as aforesaid, shall for- 
feit and pay one hundred dollars ; to be recovered by informa- 
tion, to be filed and prosecuted by the Attorney General, in 
the Supreme Judicial Court, or by indictment in said Court. 

Sect. 9. Be it further etiacted. That it shall not be ^ , ^ 

*' ' Penalty for re- 

lawful for the Selectmen or Assessors of any town or planta- ceiving aDv 
don, presiding at a meeting for either of the elections afore- uvered in wri- 
said, to receive any vote, unless delivered in writing (c) by ]ll\^\l "^^^ 
the voter in person ; and the Selectmen or Assessors, who [Mass. St«t. 
shall ofiTend herein, shall severally forfeit and pay a stun not § 3.] ' 
exceeding one hundred dollars. 

Sect. 10. Be it further enacted^ That any elector who penalty for 
shall give in more than one vote in any one election, and any ^^^^^ voting, 
person who shall be disorderly in any such meeting, shall for- [Mass, st^ 
felt a sum not exceeding fifty dollars, nor less than ten dol- §4.] ' 
krs, according to the aggravation of each offence.f § ^. ^^ * 

Sect. 11. Be it further enacted. That if any Select- 

^ - , . / 1 Penalty for Se- 

men or Assessors of any town, or the Assessors of any plan- lectmen or Aa- 

tation, shall knowingly and corruptly neglect or refuse to com- i^the"Xties 

ply with, or to perform the several duties respectively requir- ^,"o^of^thii 

ed of him or them, as pointed out in and by the first section ^^l- 

r r - [Mass. Stat. 

of this act, he shall, for each and every such ofience, forfeit Mar. 7, isoi, 
and pay a fine not exceeding fifty dollars, according to the 
nature and aggravation thereof. 

Sect, 12. Be it further enoctedl. That the Selectmen of peoaky for se- 
any town, and the Assessors of any plantation in the several Beasorsneglect- 

(e) Or printed; see ante, p. 28, Bote h; alio, cb. 51S, § 8, toI. 8, p. 872. 

Vol. II. 3 



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560 REGULATION OF ELECTIONS. 

Cn. 115. counties of this State, who shall neglect to call meetings of the* 
^-^"^^^. inhabitants and others privileffed there to vote for the election 

ing to call tZ 

mectinjfs. &c. of Govcmor, Senators and Representatives, and to give due 

and flu their . ^ . . , , r i • * « 

duly at such Warning of the time and place of such meetings, as required 
'"^'[*4G3] ^y '^® Constitution of this State; or who shall refuse or neg- 
lect to preside in any such meetings, or to receive the voles 
Feb.^24,l796, of the qualified electors present ; or who shall neglect to ascer- 
^ ^'^ tain, declare and certify the number of votes ; or who shall wil- 

fully make any false declaration or certificate thereof, to the 
prejudice of the rights of the electors ; shall forfeit a sum not 
exceeding eighty dollars, nor less than forty dollars ; to be re- 
covered from each Selectman or Assessor, who shall offend in 
the premises, according to the aggravation of each offence. 
Duty of town And every town Clerk and the Clerk or Assessors of any 
clerks auSlch plantation, present at any such meeting, who shall neglectf- 
meetings. qj. j-gfuse to make a fair record of the votes ; or a fair copy 

[fSee oh. 187, ^ , , , , , „ /. 

vol. 3, p. 6 ; of such record ; or to attest the same ; or who shall refuse 

6, vol. 8, p. or neglect to make due and seasonable return thereof into the 

*^ Secretary's office, as required by the Constitution of this 

State ; shall forfeit a sum not exceeding eighty dollars, nor 

less than forty dollars, for each offence. 
No military S EOT. 13. Be it further enacted^ That no ofiicer or 
of ^^lecMonTf soldier of the militia shall be holden to do any military duty 
State officers, on the day pointed out in the Constitution for the election of 

or electors, or •<••£?• 

members of Govcmor, Scuators and Representatives of this State ; or 
on any day which is or may be, appointed for the choice of 

[Mass. Stat. ^, \ ^ , , \ ,r. « • i r r tt • . 

June 29, 1798, Electors of President and Vice President of the United 
^ States, or Representatives to Congress : And it shall not be 

ficer™tV '^xerl lawful for any such officer to exercise any military command 
^oTslch^dlst ^° either of said days, except in time of war or public dan- 
except, &c. ger^ and every oflicer offending herein, shall, for each of- 
fence, forfeit and pay a sum not less than ten, nor more than 
three hundred dollars. 
Assessors in Sect. 14. Be it further enacted^ That it shall be the 
each town be- duty of the Asscssors of each town within this State, on or 

fore 20ih day •' , • • 

of February before the twentieth day of February annually, to make out 
make a^ list of a corrcct and alphabetical list of all such inhabitants .of their 
^j^al^^^ respective towns as may be qualified by lavT to vote in the 
and to u in choice of town officers ; and it shall be the duty of said As- 



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REGULATION OP ELECmONS. 661 

sessors to be in session (/) at some convenient place, to be Ch. 115. 
by them* notified, as provided in the first section of this act, ^t*'^^^^^^ 

* ^ , seasiOD on the 

on the day next preceding the day of the annual election of day before the 
town officers, in the month of March or April annually ; on- March or 
less the same happen on the Lord's day, in which case the ^^^i*&^"^' 
Assessors shall bei in session on the Saturday preceding, or t*^^] 
on the morning of the day of election, as aforesaid, as the 1*^*"- ^^.^ 
Assessors tnmk proper ; for so long time as they shall judge § i.] 
necessary, to receire evidence of the qualifications of persons 
whose names have not been entered on said list. 

Sect. 15. Be it further enacted. That no person shall ^, 

... . ^0 perron to 

be permitted to give in his vote or ballot, at any meeting for vote for tow-n 
the choice of town ofiicers, until the person presiding at such name has been 
meeting shall have had opportunity to inquire his name, and iL""&c^" 
shall have ascertained that the same is in the list aforesaid, rp, ^ 41 
and shall have had time to check the same ; and any person 
wilfully voting contrary to the provisions of this section, or oiatron^, laii*' 
w^ho shall give any false answer or false name to the Asses- *°*^*^"' ^*^* 
sors, when receiving evidence of the qualifications as afore- 
said, or to the person presiding in such town meeting, shall 
forfeit and pay a fine not exceeding thirty dollars, for each 
and every such ofience. 

Sect. 16. Be it further enacted^ That if any person, at p^n^j^ ^^^ 
any meeting for the choice of town officers, shall knowingly double voting, 
give in more {g) than one vote or list, for any officer or list [lb. § 2.] 
of officers then voted for at any such meeting, he shall forfeit 
and pay a fine not exceeding one hundred dollars. 

Sect. 17. J5ct7/tir/Acr cnac^c J, That the Selectmen or ,^ 

** , ' If town officers 

Assessors of any town aforesaid, who shall refuse or neglect neglect their 

to do and perform all or any of the duties prescribed to them scribed in the 

by the fourteenth section of this act, shall forfeit and pay for penaJ^^.***"* 

each and every such oflience, a fine not exceeding two hun- ^^h & 5.1 
dred dollars ; and all the fines and forfeitures accruing in con- 

(/) It is sofficient if the Assessors post ap Dotica of the time and place of 
their intended session » withoot caosiog sacb notice to be inserted in the war- 
rant for calling tho town meeting. Tomp$on v$. Mu8$ey, 8 GIf. 805. 

(g) It is a misdemeanor at common law for a citizen who is a legal voter 
at a town meeting, to give in more than one vote for a municipal officer at 
^ne time of balloting. Com, vs, Smbie, 9 Mass* 417. 



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ASSESSMENT AND COLLECTION OF TAXES. 

sequence of a violation of this act, shall be recovered by in- 
dictment in any Court proper to try the same ; one half to 
the use of the State, and the other half to the use of the com- 
plainant. This act shall be in force from and after the first 
day of June next. [Approved March 19, 1821.] 
See act passed Feb. 3, 1832, ch.2; also, act passed Mar. 4, 16d3»cli.61. 
Additional Act, ch. 187, Vol. 3, p. 6. 



l*4T0] Chapter 116.* 

AN ACT coocerning the AawsBmeiiC aad ColIdeHon of Taxei. 

Sect. I. JjE it enacted by the Senate and House of 

Asssssors to l)C 

chosen in each Representatives ^ in Legislature assembled^ That annually at the 
town annua y. ^^j^q meeting when other town officers are chosen by the 
[Mass. Stat, respective towns in this State, there shall be chosen by the 
§1 and 6.] ' qualified voters then present and voting, or the major part of 
them, three or five meet persons, to be Assessors of all such 
rates and taxes as the Legislature shall order and appoint 
such town to pay, towards the charges of the Government 
within the space of one year from the choice of such Asses- 
sors, unless the warrant for the assessment shall not be by 
them received before the first day of March succeeding, and 
in case of its being received afterwards, it shall be delivered 
to their successors in office, who shall be under the same 
obligations to make the assessment as their predecessors 
woidd have been under, if they had seasonably received the 
same, who shall also be the Assessors of county and town 
taxes ; and each Assessor so chosen or appointed as here- 
inafter prescribed, shall within the space of seven days nexc 
after being notified thereof, be sworn before a Justice of the 
Peace, or before the town Clerk, to the faithful discharge of 
his duty, in the form following : 

You A B, one of the Assessors for the — — of C for the year ensuing, do swear. 
Oath. that you will proceed eqaally and impartially, according to your best skill and jadg> 

ment, in assessing and apportioning all such rates.and taxes as you may, according 
to law, be directed to assess and apportion during that time. So help you God. 

And the Assessors so chosen and sworn shall assess the polls 



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ASSESSMENT AND COLLECTION OF TAXES. 663 

and estates within such town their due proportion of anj tax, Ch. 116. 
according to the rules in the act for raising the same, and in rp^"^""^"^^. 
this act, and make perfect lists thereof under their hands (a), poib and eih 
or tlie bands of the major part of them, and commit the same thcirtown,&c 
to the Constable or Constables, Collector or CoUectors of ''^^ZTd^l: 
their town, if any there be, otherwise to the Sheriff, or his ^^^^ *°^*j^" 
deputy, with a warrant under their hands in the form herein* warrant, &c. 
after directed, and return a certificate thereof to the Treasu- 
rer of this State, for the time being,"* with the name of the [*471] 
officer to whom they shall have committed the same assess* 
ment, with a warrant as aforesaid to collect : and the gaid rparts in itai. 
JlssessoTs shall also have their aseessment recorded in the toion ^ ch. ^, § 
book^ or leave an exact copy thereof by them signed^ toith the fgj^'* *' ^' 
town Clerkj or file such copy in the Aesessors office where any To leave copy 
such is kepty before the same shall be committed to an officer to and valuation 
collect^ and at the same time shall lodge in the said Clerk^s ^^^^^ 
office the invoice or valuation^ or a copy thereof {b)^ from 
whence the rates or assessments are made^ that the inhabitants 
or others rated may inspect the same (c) ; and if any Assessor, Penalty for re- 
after being chosen and notified to take the oath of an Asses- gl^orn m a 
sor in the way and manner other town officers are notified S^^,J^J^ 
and summoned, shall neglect to appear, or appearing shall 
refuse to be sworn, he shall forfeit and pay the sum of fifteen 
dollars for the use of the town, to be recovered by their Treas- 
urer, before the Circuit Court of Common Pleas for the coun- 
ty in wluch such town lies, by complaint : Provided always^ 
That it shall be in the power of the Circuit Court of Com- 
mon Fleas for the same county, upon reasonable excuse 
made to them by any Assessor that shall refuse to accept as 

(a) 1. The lista of the assessment most be signed by the assessors — the sign- 
ing of the warrant, usually inserted at the end of the tax bill, is not a suffi- 
cient complianee vrith the statute in this particular. Foxcroft 3Vea«. ««. 
J^ever$ 8r ah» AG If, 72. See Colby vs. Russell, 3 Glf. 227. 

2. The assessors by ch. 837, vol. 3, p. 180, are mftde responsible only 
for their own personal faithfulness and integrity. 

(&) Assessors of parishes must make a list, and valuation of the taxable 
property, before assessing a tax, or the assessment will be illegal and void. 
JTiursfon vs. Little ^ at. 3 Mass. 429. 

(e) Blos5om vs. Cannon, 14 Mass. 177; Thayer vs. Steams & al. 1 Pick. 
484. 



as- 



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664 ASSESSMENT AND COLLECTION OF TAXES. 

Cii. 116. aforesaid, to remit, if they see cause, the penalty aforesaid. 
N-^-v-^^ And the Selectmen of every such town, when any one or 

Vncancy to be /. i a i . ,i *. /• . t 

filled. more of the Assessors so chosen shall refuse as aforesaid, 

shall forthwith after notice thereof, summon a meeting of the 
qualified voters of such town to choose an Assessor or As- 
sessors in the room of such Assessor or Assessors so refusing, 
which voters, so assembled, shall accordingly choose so many 
Assessors as shall be wanting to complete the number which 
the town at the time of the first choice voted should be elect- 
ed. And said complaint in substance shall be as follows : 

_ ^ To the Jmtices of the Circuit Court of Common Pleas for the coimty of , 

Form of com- ^ 

plaint against ^ ^ *»eld at within and for the county aforesaid, on the Tuesday of 

person refusing — next, complains A B Treasurer of the of that C D of [addition] 

to be sworn as ^^ ^he day of bst, was duly and legally chosen by the qualified voters of 

the said — , to serve as an Assessor thereof, and that the said C D was notified 

[*472] to take the oath o^ that office as the law directs ; yet the* said C D has for the 

space of seven days after being notified as aforesaid, neglected, and slill neglects to 

take the said oath, whereby he hath forfeited the sum of fifteen dollars for the use 

of the said ; wherefore your complainant prays that a warrant of distress may 

be issued against the said C D for the forfeiture aforesaid, in form and manner as 

the law directs: Dated at — — the day of Anno Domini, 182 , 

A B, Treasurer. 

And the same form, mulaXxB mutandis ^ may be used in the 
recovery of any penalty which may be incurred by any per- 
son chosen as a town or plantation officer, who shall neglect 
to take the oath of office as required by law. 

Sect. 2. Be it further enacted^ That if any town shall 
be asPCTsors^n ^^^ choosc Asscssors as aforcsaid, or if so many of them so 
certam cases, e^osen shaH refuse to accept, as that there shall not be such 
[lb § 2.] a number of them as any town shall vote to be the Assessors 
thereof, then the Selectmen of such town shall be, and here- 
by are declared and appointed the Assessors thereof ; and 
every one of them shall be duly sworn to the discharge of the 
trust ; and each Assessor shall be paid out of the town Treas- 
Fay of assess- m-y one dollar for each whole day he shall be necessarily em- 
ployed in that service. 
Towns lect- Sect. 3. Be it further enacted^ That if any town shall 
ing to choose neclcct to make choice of Selectmen or Assessors, the said 

assessors or se- , ^ , , . i ^' • ^ r r^ 

lectmen, liable default being made known unto the Circuit Court of Common 
Court 'of Ses- Pleas within the same county, such town shall forfeit and pay 
sions to ap- ^ ^^^ ^^^ exceeding three hundred doUars, nor less than one 



pomt 

**" '' hundred dollars, as the said Court shall order, for the use 



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ASSESSMENT AND COLLECTION OP TAXES. 665 

of this State ; and in such case, as also where neither the Ch. 116. 
Selectmen nor Assessors chosen by any town, shall accept "^-^^^-^^ 
the trust, or having accepted the trust shall not perform their [ib. § 8.] 
duty, the Court of Sessions in the same county shall be, and 
hereby are empowered to nominate and appoint three or 
more sufficient freeholders within such county, to be Asses- 
sors of the rates or taxes in such town as aforesaid, which 
Assessors so appointed, after being duly sworn, shall assess 
the polls and estates within, such town, their due propor- 
tion to any tax, according to law, together with the aforesaid 
penalty where the town makes default as aforesaid, and such 
additional sum as shall answer their own reasonable charges* [MTS] 
for time and expense in the said service, not exceeding one 
dollar and fifty cents per day for each man so employed ; and 
having made such assessment, shall issue a warrant under 
their hands for collecting the same, and transmit a certificate 
thereof to the Treasurer, with the name of the officer to whom 
they shall commit the same to be collected ; and such Asses- their' chnrget 
sors shall be paid their charges as abovesaid, the same being ^^^ p****' 
adjusted and certified by two or more Justices of the Court, 
by whom they were appointed Assessors, under their hands, 
out of the public Treasury, by warrant from the Governor, 
with the advice and consent of Council. 

Sect. 4. Be it further enacted^ That the Treasurer gt^j^ xreawr- 
of'this State shall send such warrants as he shall firom ertosend war- 
time to time be ordered to issue, for the assessmg any rata or ■easing taxei, 
tax, inclosed to the Sheriff of each respective county, who is *^ 
required immediately to dispose of and transmit the same un- 
to the Assessors of the several towns and plantations within 
such county, according to the directions thereof. 

Sect. 5. Be it further enacted ^ That all Assessors chos- Aaufwcori cho- 
en or appointed as aforesaid shall duly observe all such war- *«" o"" appoint 
rants as during the time of their office they shall receive from Treasurer's 
the Treasurer of this State pursuant to any act or acts made "^^^^^ 
and passed by the Legislature of this State, for the assessing [Maw. stat. 

, ■ . . 1 • « 1 • *'®^- 20, 1796, 

and apportioning any rate or tax upon the inhabitants or es- § 4.] 
tates within the town, whereof they are Assessors, on pain _ . . 

^ Forfeiture utt 

that the Assessors of any town failing of their duty required deiinoueocy, 
by such warrant of the Treasurer, shall forfeit and pay the. lected. 



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566 ASSESSMENT AITD €X)LLECTIOrf OP TAXES. 

Ch. 116. flill sum in such warrant mentioned, to be by them assessed, 
^-^"^'"^-' to the use of the State, whieh shall be levied by distress and 
sale of the estates real and personal, of such deficient Asses- 
sors, by warrant from the Treasurer, directed to the Sheriff 
of the county, or his deputy, in which such town lies ; and 
the Treasurer is hereby authorized and required in such case, 
ex officio, to issue his warrant requiring the Sheriff or his dep- 
uty to levy the said sums accordingly ; and for want of es- 
tate to take the bodies of such deficient Assessors, and im- 
prison them until they pay the same ; which warrant the 
Sheriff or his deputy is hereby empowered and required to 
[•4741 execute accordingly. And the Court of Sessions in* the 
Jiona'to^ap-*** ^^unty whcrc such deficient Assessors dwell, shall be, and 
point others in hereby are directed and empowered forthwith to appoint oth- 

place of delin- ^ r i 

qnent aauess- er meet pcrsons to be Assessors of such rates or taxes, ac- 
cording to the directions contained in the Treasurer's warrant 
issued unto the former Assessors ; and the Assessors, who 
shall be so appointed, shall take the oath, and perform the 
same duties, and be liable to the same penalties as the for- 
mer Assessors. 
Piarftationi Seot. 6. Be it further enacted, That all plantations 

vested with wbich shall from time to time be ordered by the Legislature 

same powers . , ,. T n i 

as towns in as- to pay any part or proportion of the pubhc taxes, shall be, 

Jeciing tox«k and they hereby are fully vested with all the powers that 

tib. 6 12.1 towns in this State by law are, so far as relates to the choice 

of Assessors of taxes ; and any person who shall be chosen 

to the ofl5ce of an Assessor of taxes in any of the aforesaid 

plantations, and shall refuse to accept of the office to which 

he shall have been elated, or neglect to take the oath by 

law required to be taken by Assessors of taxes in towns, shall 

AsMisora sub- be liable to the same penalties, to be recovered in the same 

jecttosainedu- , ii- . .,,•• /.* 

ties and UabU- Way and manner as^ by this act is provided in the case of As- 
^* sessors refusing to accept such office, when chosen by towns. 

Sect. 7. Be it further enacted. That if any of the plan- 
neglecting, &c. tations aforesaid shall neglect to choose Assessors as afore- 
peuaUiCT.'**"* Said, or if the Assessors chosen by any such plantation, and 
rib 6 13.1 accepting such trust, shall be remiss or neglect their duty ; 
in every such case, such plantation shall be subject to the 
same penalties, and be proceeded with in the same mannef 



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ASSESSMENT AND COLLECTION OF TAXES. 567 

as by this act is provided, in the case of deficient towns ; and Ch. 1 16. 
such deficient Assessors shall be, and hereby are made liable p^^TjJ^, 
to the same penalties, to be recovered by the same process 
as by this act is provided in the case of deficient Assessors, 
chosen by towns. 

Sect. 8. Be it further enacted^ That when any part j^^^^^ 



or proportion of any State or County tax shall be laid on any wn? and coi- 
plantation not oi^anized, the Treasurer of the State, or of or county tax 

. • 1 1 II • t • ii^ plantations 

such county respectively, shall issue bis precept to some not organized. 
Justice of the Peace dwelline; near to such plantation, requir- 

. , . r 1. . L i_. 1. J ^ . [Maw. Sut, 

ing him forthwith to grant his warrant directed to some prin- Feb. le, 1786, 
cipal inhabitant of such plantation, requirmg him to notify and ^ '^ 
warn the inhabitants of such plantation quaMed to vote* for 
Governor, 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 prin* 
cipal inhabitant is hereby obliged to observe and obey the 
warrant that he shall receive firom such Justice, on the pen- 
alty of forfeiting and paying the whole sum that shall be or- 
dered to be levied on such plantation, to be recovered by ac- 
tion of debt by said respective Treasurers, in any Court of 
record within this State proper to try the same. And such 
principal inhabitant shall make return of the Justice's warrant 
to the Justice who issued it, with his doings therein, and th6 
doings of the plantation in consequence of it, within the time 
limited m such warrant ; and the Justice shall thereupon cer- 
tify such doings to the State or county Treasurer respective- 
ly : and such of said inhabitants as shall then assemble, shall Asaesaors, &c. 
have power, and they are hereby required to chooise a Mod- 
erator and Clerk, as also Assessors and Collectors foi* assess- 
ing and collecting such plantation's proportioii of such State 
and county tax, as shall be ordered to be assessed, to be du- 
ly paid, when collected by such eollectors, to the State or 
county Treasurers respectively : and such Clerk, Assessors 
and Collectors shall be under oath^ to be administered by the 
moderator of such meeting, or a Justice of the Peace, for 
the faithfbl discharge of their respective trusts^ and sfaaUhare 
the same allowance fipom such plantations as such officers are 
entitled to by law in towns. 
Vol. u. 4 



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568 ASSESSMENT AND COLLECnON OF TAXES. 

Ch. 116. Sect. 9. Be it further enacted^ That the Assessors so 
v-^*v-^ chosen and sworn shall thereupon take a list of the rateable 

Duties ofaB-.. . .. ^. * ^ 



BO dw- polls, and a valuation of the estates of the inhabitants of such 
[lb! § 11,] plantation. 
^ ^ Sect. 10. Be it further enacted. That the Assessors, 

Such assesBoni . . 

to caU meeting who shall from time to time be chosen or appointed for such 
in March or plantation, shall have power and they are required to issue 
ntTs 12 1 ^^^' warrants for calling meetings of the inhabitants thereof 
in the month of March or April annually, for choosing such 
officers as aforesaid, who shall be sworn by the Moderator, 
or some Justice of the Peace as aforesaid. 
Moderator to Sect. 1 1 . BeU further enactedy That every Moderator of 
tbn^offi^^ a plantation meeting, shall be held and obliged to notify the plan- 
^"'^^♦Xifli tation* officers to appear, either before himself or some Jus- 
rib. § 18.1 ^^® ^^ ^ Peace, within seven days from the time of their be- 
ing chosen, and take the necessary oaths ; and in case of neg- 
negiec?. ^^ I^^t shall forfeit and pay the sum of ten dollars to the use of 
the plantation, to be recovered by any inhabitant thereof be- 
fore ffliy Justice of the Peace within the same county. 
Sect. 12. Be it further enacted^ That the Assessors 
towns and of cach town or plantation, in convenient time before they 
notify Inh^bi^ procccd to make any assessment, shall give seasonable wam- 
in Ustfl of^°^ *°6 ^^ ^^® inhabitants by posting up notifications in some pub- 
and estates He placc in said town or plantation, or notify the respective 

taxable, . , , . . , , , , . . , 

inhabitants in some other way, to make and bnng in to th^n, 
teb*20^i786 *^® ^^ Asscssors, true and perfect lists of their polb, and 
§ 9.] ' ' of all their estetes both real and personal (saving such es- 
tate as is or may by law, from time to time, be exempted 
from taxation,) which they were possessed of at such periods 
as the Legislature may from time to time order and direct. 
And if any person or persons shall not bring in a list of their 
estates as aforesaid, to the Assessors, he, she or they so neg- 
lecting or refusing, shall not be permitted to make applica- 
tion to the Court of Sessions for any abatement of the assess- 
ment so laid on him, her or them, unless such person or per- 
sons shall make it appear to the said Court that it was not 
withift the power of him, her or them, to deliver to the As- 
sessors respectively, a list of lus, her or their rateable estate, 



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AaUMBfSNT AfID CX)LLECTI01f OP TAXES. 569 

at the time appointed for that purpose (d) . And if die Aases* Ch. 116. 
sors suspect any fakehood in the lists of polls or estates to ^^^^^'^^ 
them presented as aforesaid, then the said Assessors, or dther quire liatM to 
of them, shall require the person presenting such list, to make ^^™ 
solemn oath that the same is true ; which oath the Assessors, 
or either of them are hereby empowered to administer ; and 
suoh list being exhibited on oath, shall be a rule for that per- 
son's proportion of the tax. 

Sect. 13. Be U further enacted^ That if aigr person or penou ag- 
persons shall at any time, be aggrieved (e) at the sum or sums ^^^f ^ 



set and apportioned upon him or them by the Assessors "<>"> "^y ap- 

. ply for abate- 

of any town or plantation, and shall make it appear unto meat, and if 
the Assessors for the time being of such town or planta- m^ appeal' co 
tion, that he or they are rated more than his or their pro- ***® s«»»ona- 
portion, according* to the rules given in the act or acts of [*4m 
the Legislature for making the said assessment, the said As- [Ut. § lo.i 
sessors for the time being shall make a reasonable abate- 
ment to the person or persons so aggrieved ; and if they shall 
refuse so to do, such person or persons complaining in wri- 
ting unto the next Court of Sessions within that county, and 
making it appear that he or they are over-rated as abovesaid, 
he or they shall be relieved by the said Court, and shall be 
reimbursed out of the Treasury of the town or plantation 
where such assessment was made, so much as the said Court 
or Assessors respectively shall see cause to abate him or 
them, with the charges ; and the said Court of Sessions are 
empowered, on such complaint being made^ to require the 
Assessors or Clerk to produce the valuation by which the as^ 
sessment was made, or a copy thereof. 

Sect. 14. Be it further enacted. That the Assessors Awcmow, in 

"^ ' certain caaea 

for any town or plantation may and are hereby authorized and n»y overrate, 

, . 1 11 J !• "^^ exceeding 

empowered to apportion on the polls and estates according 6 per cent, of 
to law, such additional sum over and above the precise sum ^^em. 

{d) If oDe of the inhabitants of a town absent himself, in order that he 
may not receive personal notice Trom the Assessors to bring in a list of his 
taxable estate, where the known usage was to give notice in that method, he 
cannot afterwards object to the legality of his tax on. that aooovnt Mu$$ey 
9$, White it ah 8 Glf. 290. 

(e) This section -famishes the only remedy which one overrated can have 
to avoid the excess. Oabom v$» Dangers t 6 Pieh, 100. 



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570 ASSESSMENT AND COLUCmON OF TAXfiS; 

Ch. 116. to them eommitted to assess, as any fraotionai division of 



[lb. § 11.] 



such preeise sum may render convenient in the apportion- 
ment thereof, not exceeding five (/) per centum on the sum 
so committed ; and it shall be the duty of such Assessors to 
certify such town or plantation Treasurer thereof. 
Rules for ap- Sect. 15. Bt it further enadtd^ That all county, town 
poruonment of ^^ plantation rates and taxes shall be assessed and apportion- 
fib 6 8 1 Gd by the Assessors of the several towns or plantations with- 
in this State, upon the polls of, and estates within the same, 
according to the rules that shall be prescribed in and by this 
act, and the then last tax act, of the Legislature {g) ; anJf 
f tPart in jtai- guch As9es$or9 shall caust altested copies of such assessments 

1C8 modified; n* 

see ch. S37» and Valuations to be lodged in the Clerk's office of the place 
181.V** ' ^ where the same are made, or file the same in their oion office, if 

any such they have. 
Aiscssora may * Sect. 16, Be it further cnactcd, That it shall and may 
add State and ^g lawful for the Asscssors of any town or plantation to add 

county to their •' * 

other taxes, their proportion of the State and county tax to any of their 
[lb. § 14.] other taxes, and make out warrants and certificates accord- 
ingly (A). 
[•478] Sect.. 17*. Be it further enacted. That the warrant to 

be issued by the Selectmen or Assessors for the collecting 
and gathering in of the State rates or assessments shall be in 
substance as follows : 

(/) 1. If in the asiessment of « tax, the Assessors exceed the sam voted to 
be raised, and five per cent, thereon, thoogh the excess be of a few cents 
only, the whole is void; and the Assessors are liable in trespass to the party 
whose goods have been distrained for the tax. Huse vs, Merriam 4r a/. 2 
Glf. 875. See also, Elwell vs. Shato, 1 G(f. 889; and ch. 837, § 3, 
vol. 3, p. 182. 

2. To include in sacb addition the commissions for collecting, if exceed- 
ing five per cent, is illegal. Libbey vs. Burnham fy als. 15 Mass. 144. 

3. Where the Assessors before this statute, assessed for the state and 
county taxes a greater amount than was required by the warrants therefor, 
the assessments for that reason were not void. Colman 4r ah vs. JSinder- 
son, 10 Mass. 105. ^ 

(g) Martin vs. Mansfield & al. 3 Mass. 424. 

(A) The state, county and town taxes are required to be assessed sepa- 
rately, and put into separate lists, or assessments But it seems that a sepa- 
rate warrant for collecting each of them is not necessary. Thayer vs. 
Stearns Sf al. 1 Pick. 482. 



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ASSE68BIENT AND COLLECTION Of TAXES. J57i 



"r^ [lb. § 6.] 

I Um 



■ ■ tt. To A B> Constalile or Collector of the tows of A, witftin the coon- Og. 1 1 G. 
tyofS, Greeting. n^p-v-^^ 

In the name of the State of Maine (t) you are required to levy and collect of the Form of war- 
several persons named in the list herewith committed unto you, each one his respec- rant of select- 

tive proportion therein set down of the sum total of such list, it being this "^fo^'coU^ 

town's proportion of a tax(t) or assessment of dollars and < cents, ing State tax- 

granted and agreed upon by the Legislature of said State, at their session b^an cs. 

and held at P , on the -«— day of — «-, for defraying the necessary cfatrges of | 

securing, protecting and defending the same ; and you are to transmit and pay in I 
Mtme unto JOB, Treasurer of this State, or to his successor in that office, and to 
complete and make up an account of your collections of the whole sum, on or be- 
fore the day of— ; and if any person shall refuse or neglect to pay 
the sum he is assessed in the said list, to distrain the goods or chattels of such per- 
son to the value thereof; and the distress so token, to keep for the space of four 
days, at Uie cost and charge of the owner; and if he shall not pay the sum so 
assessed within the said four days, then you are to sell at public vendue the distress 
so taken, (or the payment thereof, with charges, notice of such sale being posted up 
in some public place in the same town or plantation forty-eight hours next before 
the sale and expiration of the four days aforesaid : And the overplus arising by such 
sale, if any there be, besides the sum assessed, and the necessary charges of taking 
and keeping the distress, yon are immediately to restore to the owner ; and for 
want of goods or chattels, whereon to make distress for the space of twelve days, 
you are to take the body of such person, so refusing or n^lecting, and him to com- 
mit unto the common gaol of the county, there to remain until he pay the same, or 
such part thereof as shall not be abated by the Assessors for the time being, or the 
Court of Sessions for the said county.* Given under our hands (j) by virtue of a [*470] 
warrant firom the Treasurer aforesaid, this — — day of 182 . 



A B> 
C DJ 



Assessors. 



And the certificate of the assessment of any State tax shall 
be in substance as follows : 

Pursuant to a warrant from the Treasurer of the State of Maine, dated the — — 

day of Anno Domini , We have assessed the polls and estates of tlie 

of the sum of and have committed lists thereof to the — *- of said — — 

viz. to with warrants in due form of law, for collecting and paying in the same 

to Treasurer of said State, or his successor in oificeyjon or before the— - 

day of-— next ensuing. In witness whereof we hare hereunto set our hands at 
1 , this — — day of— Anno Domini — — . 

Q J) J A^pessors, 

Sect. 18. Be it further enacted^ That the warrant to similar form 
be issued for collecting county, town or plantation rates or ^5J^^d"^^in, 
assessments, shall also be made out by the Assessors thereof '»'>«n ^^^tes. 
in the same tenor, mutatis mutandis. 

(t) The words **/n the name of the State qf Maine," and the sentence 
**it being thi$ toxon's proportion of a tax,** &c. are matters of form onlj, 
the omission of which will not vitiate the warrant MiM$ey vs. White 4r 
al 3 Glf 290. 

( j) Bradford vs. Randall, 6 Pick. 496. 



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572 ASSES8BIENT AND OOLLECTIOIf OF TAXES. 

Ch. 116. Sect. 19. Be it Juriher enacted, That the Assessors 
jj^^^^^^'^^ fo** the time being, of any town or plantation empowered to 
sue new war- raise money by taxes, whenever it shall be made to appear 
tor when orig- to them by any Constable or Collector of taxes in the town, 
ina u o , c ^j, Qjjjgj. gy^jj place of which they are Assessors, that an orig- 
rMass. Stat, inal or other warrant, issued and delirered to him for the 
^' * '^ collection of any certain tax committed to him, hath been 
lost or destroyed by accident, shall be and hereby are em- 
powered to issue a new warrant to such Constable or Col- 
lector for collecting the same, which shall have the same force 
and effect as the original warrant. 

Sect. 20. Be it further enacted. That if the inhabitants 
When towns qualified to vote in town affairs, of any town or plantation in 
choose oases- this State, from which any State tax or taxes now remain 
months after duc and unasscsscd, or from which any State or county tax 
Trra^rcr To" shall be hereafter required, shall neglect, for the space of 
tS^^Two- ^^® months after having received the warrant of the Treasu- 
ce^inga to bo rer for assessing any State tax, to choose Assessors to as- 
sess the same, and cause the assessment thereof to be cer- 

[Mas8. Stat. ' 

Feb. 26, 1794, tificd* as the law requires, to the Treasurer of the State for 
[*480] the time being, and agreeable to his warrant directing .the 
same, he is hereby authorized and directed to issue his war- 
rant under his hand and seal, directed to the Sheriff of the 
county or his deputy, requiring him to levy and collect, by 
distress and sale, the sum mentioned therein, of the estates 
real and personal, of any inhabitant or inhabitants of such 
deficient town or plantation ; which warrant the said Sheriff 
or his deputy is hereby empowered and required to execute ; 
observing the same rules and regulations as are by law provi- 
ded for satisfying warrants against deficient collectors of pub- 
lic taxes ; and it shall be the duty of the said Sheriff or his 
deputy, on receiving the said warrant, fbrthwith to transmit 
an attested copy thereof to the Selectmen or Clerk of the 
town or plantation named therein ; and if the Assessors shall 
within sixty days from the receipt of such attested copy, de- 
liver to the said Sheriff or his deputy, a certificate according 
to law, of the assessment of the tax or taxes required by said 
warrant, and pay the oflicer his legal fees, he shall forthwith 
transmit the same certificate to the said Treasurer, and re- 
turn the warrant unsatisfied. 



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ASSfiSSBIENT AND CCHXECTION OF TAXES. 573 

Sect. 21. Be Ufwiher enaeUd^ That if the inhabitants Ch. 116. 
qualified to vote in town afiairs of any town or plantation in ^^^^^^ ^^ 
this State, from which any State or county tax shall hereafter towns and 

.-,-,- , ,, •/T'A plantations 

be required, shall neglect to choose and keep in. office, As- neglecting to 



sessors to assess the same as the law requires, the Treasurer ors, &c.*to 
of the State, or of the county, for the time being, is hereby ^^^^^ ^ 
authorized and directed to issue his warrant, under his hand qiu^ed^tate or 

' ^ county treasu- 

and seal, directed to the Sheriff of the county or his deputy, rer may iwie 
requiring him to levy and collect the sum mentioned therein iect,&c.direo- 
in manner aforesaid : And the said Sheriff or his deputy shall Mode of^ixie- 
execute said warrant, observing all the rules and regulations ^^"^tT^ 
and all the provisions mentioned in the twentieth section of i^^ § 2.] 
this act. 

Sect. 22. Beit further enactedy That if the inhabitants when estates 
qualified to vote in town affairs, of any town or plantation in ^[b^I!?*^^ 



are 

this State, from which any State tax or taxes now remain insufficient to 

•^ ^ pay State tax- 

due and unassessed, or from which any State or county tax ea required of 
shall be hereafter required, shall choose Assessors who shall cases, 
neglect to assess the tax required by the warrant issued to ^n,, § g.] 
them,* or to re-assess any tax on the failure of any collector, L*48i] 
and to certify the assessment as the law directs, and the es- 
tates of such Assessors shall be found insufficient to pay the 
same tax in the manner already provided ; then, and in every Treasurer may 
such case, the Treasurer of the State or of the county, for {^"icv'^'^b^"|| 
the time being, is hereby authorized and directed to issue his deficiency, on 

. , estates of in- 

warrant, under his hand and seal, durected to the Sheriff of habitants of 

the county, or his deputy, requiring him to levy and collect SJ^ pia^ 

by distress and sale, so much of the sum mentioned therein, ****"* deficient. 

as the estates of the Assessors shall be insufficient to pay, of 

the estates, real or personal, of any inhabitants of the deficient 

town or plantation ; which warrant the said Sheriff or his 

deputy shall execute ; observing all the rules and regulations, Ruieatobeob- 

and all the provisions mentioned in the twentieth section of 

this act. 

Sect. 23, Be U further etM^ed^ That the qoalified voters towm may 
of any town, at the time they Choose Constables, may if they ^^^^^g^^J- 
see cause, likewise choose some meet person or persons to ooiMrtabfes,aiid 
be cdlector or coUectors of the rates or taxes that shall be Sb? o^a^n- 
assessed upon such town, and agree upon what sum shall J^^t^DgiLa.' 



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574 ASSESSMENT AND COLLECTION OF TAXES. 

Ch. 116. be (A:) allowed and paid unto such collector or collectors, for 
^^^"'^'"^^ his or their services ; but if such collector or collectors so 
Mar. 16, 1786, to be choscn, shall refuse to serve, or if no collector shall be 
If collector re- chosen, then the Constable or Constables of such town shall 
[r^HwjT'tax- collect and gather such rates and taxes (/) ; and every col- 
^' lector of taxes or Constable, shall have a warrant from the 

coiiiecior^ to Selectmen or Assessors, empowering him to collect such 
from aete^"^ ^^^^^ ^^ taxes as shall be committed to him to collect, and 
men or aBses- jje shall pay in the same according to the directions in such 
Caae of dc- Warrant, and in case any Constable or Collector of taxes de- 
^We, &c?te- cease before his perfecting the collection of any assessment 
fore collection, committed to him to collect and pay into the State Treasu- 

aiuioesoRi to ap- ■■' •' 

point. ry^ the Assessors for the time being of such town or planta- 

tion shall nominate and appoint, at the charge of such town 
or plantation, some other fit person or persons to perfect the 
same collection, and enable and empower such person or per- 
sons to collect the same, by granting a warrant to him or them 

Constable or for that purposc. And such Assessors are hereby authorized 

collector to . ^ i am n ^ , , 

give bond. to require of every such Collector or Constable a bond in 

[*482i such sum and with such sureties, to the Treasurer* of such 

town, conditioned for the faithful discharge of his duty as 

[tSee note e, collector,t before they proceed to deliver to such Collector 

ante, p. 550.] 

or Constable a warrant for collecting rates or assessments, 

and on his neglecting or refusing to procure such bond, he 

shall be considered as refusing to accept such office. 

piantaUoni Sect. 24. Bt it further enacted^ That all plantations 

vested with ^hich shall from time to time be ordered by the Legislature 

same powers ^ / o 

as towns in re- to pay any part or proportion of the public taxes, are fully 

gard to coUcc- ,.,,,, , . i . r^ , . 

tors, &c. vested with all the powers that towns in this State by law are 
iiani6,ire6, vested with, so far as relates to the choice of Constables and 
^ ^^'^ Collectors of taxes and requiring bonds of the same. 

Sect. 25. Be it further enacted^ That the oath to be 

{k) Where the statate gives aothority to collect all sack taxes as shall be 
granted, it intends all such assessments as should be granted after the pasting 
otthe IttWt and not after the appointment of the coUector. Colbum vs. 
Ellis 4* al. 7 Mass, 92. 

(/) If a constable, who is alse a collector of taxes, be sworn only as con- 
stable, he is qualified to collect taxes. Caiman ^ al, vs. Anderson, 10 
Mass, 105. 



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ASSESSMENT AND COLLECTION OF TAXES. 675 

administered to the Constable in any town shall be in the Ch. 116* 
form following : v^-v-w^ 

Whereas you A B, are diosen Constable within the town of C for one year now Connable** 
following, and until other be chosen and sworn in your place, do swear tliat you oath, 
will carefully intend the preservation of the peace, the discovery and preventing all 
attempts against the same; that you will duly executfl all warrants which shaU be ^ ' ^ ' 
sent unto you (rom lawful authority, and faithfully attend all such directions in the 
laws and orders of Court as are or shall be conunitted to your care, tliat you wilt 
faithfully, and with what ppccd you can, collect and ]e\y all such fines, distresses) 
rate^, assessments and sums of money for which you shall have sufficient warrants, 
according to law ; rendering an account th«reof, and paying the same according to 
the direction in your warrant; and Avith liko faithfulness, i^pced and diligence, you 
will serve all writs, executions and distresses in private causes, betwixt party and 
party, and make return thereof duly in the same Court where they are retuma< 
ble ; and in all the^ things you shall deal faithfully whilst you shall be in office, 
without any sinister respects of favour or displeasure. So help you OOD. . 

And the oath to such as may be collectors (m) only, shall 
be in form following : 

You A B being appointed a collector of taxes within the ■■■ of , for p_iicci r* 

one year next following, do swear, that you will levy and collect, with what speed oath, 
you can, all such rates and* assessments, for which yon shall have sufficient war- [*483] 
rants according to law, rendering an account thereof, and paying the same, accord- 
ing to the direction in your warrant. So help you GOD, 

Sect. 26. Be U further enacted. That if any person _ 

, „ .. 1 t.. I. 1 1. 11 L Constable or 

shall refuse to pay the sum or sums which he shall be assess- coUector may 

ed as his proportion to any rate or tax in the list committed &?*^riJcr8ons 

to any Constable or Collector, under the hands of the Assess- {u^^o^y/*^ 

ors of such town or plantation, or the major part of them, ^ . ^.i 

upon demand thereof made by such Constable or Collector 

by virtue of the warrant to him given, it shall and may be 

lawful to and for such Constable or Collector, and he id 

hereby authorized and required in such case to distrain the 

person so refusing by his goods or chattels, and the dbtress 

so taken to keep the space of four days at the cost and charge 

of the owner thereof ; and if the owner do not pay the sum ^ „ ^. 

. . '^ ^ and wcU dis- 

or sums of money so assessed on him, within the space of treas in four 
four days, then the said distress shall be openly sold at pub- Uon, siving 48 
lie auction, by the said officer for the payment of the said **"" "^^*^* 
money, notice of such sale being posted up in some public 
place in the same town or plantation, forty-eight hours next 

(m) Towns may elect more than one collector, and divide the taxes a- 
moBg them ; and they may commit the State tax to one, and the town tax to 
another, and appoint also a collector for each school district Belgrade va. 
Sidney, 15 Mass. 523. 

Vol. II. 5 



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576 ASSESSMENT AND COLLECTION OF TAXES. 

Ch. 116. before the sale and expiration of the four days aforesaid (n) ; 
^-^"''"'^ and the overplus arisine by such sale, if any, over and above 

Overplus to Ik; , , J. ,. ^/ . , ., /. , • 

restored to the Charge of taking and keeping the said distress, to be im- 
o^^ner. mediately restored to the former owner with an account in 

writing, of the sale and charges. And if any person assess- 
Coiiector mav cd as aforesaid, to the State or other tax, shall refuse or 
dayf ^n^^de- ncglcct to pay the sum or sums so assessed, by the space of 
raand, &c. twclve days after demand thereof, and shall neglect to show 
the Constable or Collector sufficient goods or chattels, where- 
by the same may be levied, in every such case he may take 
the body of the person so refusing, and him commit unto the 
common gaol of the county, there to remain until the same be 
paid, or he therefrom be discharged by due order of law : 
and in certain Provided nevertheless, That in all cases where there are, in 
^Tbclbre ex- ^^® Opinion of the Assessors, or a major part of them, just 
niration of 12 grouuds to fcar that any person or persons, assessed as afore- 
said, may abscond before the expiration of the said twelv e 
days, in such cases it shall be in the power of the Constable 
or Collector to demand immediate payment, and on refusal 
to commit as aforesaid. 
[♦4841 Sect. 27*. Be it further enacted , That when any State 

Where taxes or Other rate or tax shall be made payable at two or more sev- 

are payable by , , * 

inataimentfl, eral times or days of payment, and any person, being an in- 
b^atoui'To^ habitant of any town or plantation within this State at the 
whoteiB^^! time of making such rate or tax, and being assessed thereun- 
bie, coUoctor jq ^]^^ \^q about to rcmovc from thence before the time that 

may stUl de- ' 

raand^ W shall be prefixed for the payment of the same, it shall and 
may be lawful for the Constable or Collector of the same 
town or plantation, to demand and levy the whole sum which 
such person may be assessed in his list or lists, notwithstand- 
ing the time for collecting the second part of such rate or tax 
may not then have arrived, and in default of payment to dis- 
train for the same or to take such other course for the ob- 
taining thereof, as is herein before provided : And when the 

Collectors, &c. ^ ^., ^1,1 1 

■uperseded, Constaolos or CoUectors be anew chosen and sworn, m any 

^^cUorof * town, plantation or parish, before the former Constables or 

^ to Sm!"^" Collectors have perfected their collection of any State or 

other tax or assessment to them committed to collect, such 

(n) The collector can soil a distress only by aathority of the statate, as 
be derives none from the common law. Caldwell vs, Eaton, 5 Mass. 403. 



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ASSESSMENT AND COLLBCTION OF TAXES. 577 

former Constables or Collectors are hereby fully empowered Ch. U6. 
and required to perfect all such collections, and shall and may ^-^^^^^^^ 
exercise the same powers and authority for collecting and en- 
forcing the payment thereof, as by this act they might have 
done before other Constables or Collectors were chosen and 
sworn (o). 

Sect. 28. Be U further enacted. That when any per- ^^^ Pf^«» 

*' ' •' * remove before 

son sliall remove from any town or place, where he lived or paying their 



bad his residence at the time of making the list of any State, bie, &cT"roa^ 

1 • • 1 collect of sncii 

town, county, plantation or parish tax or assessment, not persons wher- 
having before paid the respective sum or sums set upon him ®^®^ ^**""*^' 
by such lists, it shall and may be lawful for the Constable t^^- § ^1 
or Collector, to whom any such tax or assessment shall be 
committed, witi) a warrant to collect, and he is hereby au- 
tliorized and empowered to demand the sum or sums assessed 
upon such person, in what town or place soever, within Uiis 
State, he may be found ; and upon refusal or neglect to pay 
the same, to distrain the said person, by his goods and chat- 
tels as aforesaid, and for want of such distress, to commit the 
party to the common gaol of the county where he shall be 
found, there to remain until payment be made. 

Sect. 29*. Be it further enacted, (p) That where any t*^^*] 
person duly rated in any town, parish or plantation, hath died ratedT'^^of 
or sliall die before the payment of the same rates, and where I^^^^J^iJ^I 
any person duly rated as aforesaid, hath removed or shall re- ^«*^ payment, 

•^ ■ -^ ... . constablea may 

move out of tlic town or plantation in which such person liv- sue for such 

ed at tlie lime such rates were or may be assessed, before 

the payment of such rates ; and where any unmarried woman, [Ma«s, sut. 

, . Junoi5,i7w.J 

being duly rated as aforesaid, hath intermarried or shall inter- 
Co) The same power is eztooded to Treasurers who are oppointed collec- 
tors. See ch. 837, § 6, vol. 8, p. 183. 

(/>) 1. A collector of taxes in an action under the provisions of § 29, can- 
not recover interest on the amount of taxes demanded in the action. Dan- 
forth vs. Williams.O Ma8$. 824. 

2. Bebg ** duly rated** is the basis of authority in such case ; and there- 
fore one who dies before the assassmeat, docs not oome within this descrip- 
tion. Cook V8. Inland, 5 Pick, 237. 

3. Where the owner has died seized of lands and the same have not been 
taken possession of by heirs or devisees, they may be assessed for either 
State, county, town, plantation, school district, mioisterial or other lawful 
taxes, to the executor or administrator of the deceased, by Act, passed March 
9, 1832. ch. 3S. 



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578 ASSESSMENT AND COLLECTION OF TAXES. 

Ch. 116. marry before the payment of such rates ; in all such cases, it 

^-^*'^'"*-^ shall and may be lawful for the Constables or Collectors of 

such town, parish or plantation, to sue for such rates, and 

they shall have the like remedy for the recovery thereof, 

as other creditors have for recovering their proper debts. 

[fPartfl in itai- Jlnd\ Asscssors of any toion^ in assessing any State^ county or 

ic8 modified i ,*. t.ii-^-. 

see ch. 229, towu toxcSy viay and hereby are authonzed at their election to 
.p. J ^g^g improved landsy houses or tenements to the tenants in 
possession of the same^ or to the owners thereof if living toi/A- 
in the State. 
Taxes on on- Sect. 30. Be it further enacted {q)y That where no 
If^non^^T*^*' person appears to discharge the taxes on the unimproved 
dcntP, or im- lands of non-rcsident proprietors, or improved lands of pro- 
proved lands of r V i • . r i • o ii 

proprietors out prictors living out of the limits of this State, to the collector 
paid, * ' " thereof, he shall advertise in the public newspapers of tho 
to be advertie- ppj^igj. ^q jj^g g^jg (^^ ijjg ^jjjjg being, three weeks^ success- 

i4^dJangl?to ^^^'y ^^^ names of all such proprietors, where they are by 
Oirec montiis, bim kuowu, widi the sum of the taxes assessed on their lands 

bych. 837, § ' 

8, vol, 3, p. respectively, and also the time and place of sale ; and where 
they are not known he shall, in tlie same manner, publish the 
ManTe, 1786, sum of the taxes on the several rights, numbers of lots, or 
^ "'•^ divisions ; and where the name of the place in which such 

h'l!^^ **& ^"^" '^"^s lie may have been altered by any act three years next 
preceding such advertisement, ho shall express not only tlic 
present name, but the name by which the same was last kuown, 
and in either case shall post the same in some convenient and 
conspicuous place in the same town or plantation, as the case 
may be, where the said lands lie, for the term of three weeks 
previous to the time appointed for sucli sale ; and also ad- 
vertise the same in one of the newspapers primed in the 
county where said lands lie, or in the next adjoining county, 

(7) 1. Taxes, under Uie provisions of § 30, [§ 7 of Mass. Stat] are not 
a personal charge, but a lien on tho lands only. Rising vs. Granger^ I 
Mass. 48. 

2. Witere lands of non-residont proprietors which arc advortisod to bo 
bold for taxes, have within three years next preceding sooh advcrtisciiicul 
been taken from one town and annexed to another ; the name of the former 
as well as of the latter town mmt bo expressed in the advertisement, within 
tho meaning of § 30. Porter vs. Whitney y 1 Gff. 806. 



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ASSESSMENT AND COLLECTION OF TAXES. 679 

if any such lliere be, for three weeks successively, previous Ch. 116. 
to* the time of sale ; and if no person shall appear thereupon "^itT^ 
to discharge the said taxes* and all necessary intervening if not (hen paid 
charges, then the collector aforesaid shall proceed to sell ^ Auction "so 
atpuWic auction to the highest bidder, (after waiting two ^^^^thrmw 
hours from the time appointed for said sale,) so much only *»** charges, 
of the said lands as shall be sufficient to discharge said tax- 
es, and the necessary intervening charges, having first given 
notice of the intended sale thereof, and the time and place 
when and where the same will be made as aforesaid ; and shall .. 

May adjourn 

have power to adjourn from day to day (if necessary) to com- aaie. 
plete the said sale, not to exceed three days, (waiting as 
aforesaid,) and shall give and execute a deed or deeds, to the 
purchaser or purchasers, his or their heirs, and assigns, ex- 
pressing tlierein the cause of such sale ; and saving to the Right of re- 
aforesaid proprietor -or proprietors, the right of redemption of cdranTcomU- 
any lands so sold within any time for the space of two years ^'**""- 
from the time of such sale ; and the same shall be recon- ^^^e ch. soi, 
veyed to liim or them, the said proprietor or proprietors, on nii,act'*ni^d 
paying withm two years as aforesaid, the sura such land sold ^^^'^\ *®^» 
for with interest, at tlie rate of twenty per cent, per annum 
on said sum, together with all necessary intervening charges : 
Provided neverthelesSj That the purchaser or purchasers as purchasers not 
aforesaid, shall not make any strip or waste on the premises, 
until the time of redemption shall have expired ; and if the 
said purchaser or purchasers shall mdke any strip or waste on 
the premises as aforesaid, he or they shall be liable to pay all 
damages to the original owner or owners, in as full and am- 
ple a manner as if he or they had not purchased the same. 

Sect. 31. Beit further enacted^ Tliat where tlie owners whero owners 
of improved real estate living within this State, but not in the ^i'|Sl,tete!hv- 
lown in which such real estate lies, shall be taxed to any State, jfg /within tiio 

' ^ ^ State, but not 

county or town taxes, and shall nedect for the space of six »" the town 

/ ^ , 1 , .1 /*• where estate 

months after the same have been committed to an officer to lies, neglect for 
collect, to pay and discharge the same, it shall and may be taxw iher<^^, 
lawful for such ofl5icer to distrain such person by his goods or al^rair or""**^ 
chattels, and for want of such E!;oods, to commit him to the commit dciin- 

' ^ ' uucnts, where 

common gaol of the county, where he shall be found ; or such round : 
officer may, after giving two months notice in writing to such or after two 



to commit 
waste. 



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580 ASSESSMENT AND COLLECTION OF TAXES. 

Cii. 116. owner, sue hira for such taxes in an action of^ debt ; or sudi 



officer may after such notice as aforesaid, proceed to sell such 

inontlid notice, 

oUicei ujay 8UO, real cslate, or so much thereof as may be necessary to pay 
elute*^at aiSc- Said taxcs and charges of selling the same, conforming in all 
^^*r*l87] respects to the provisions contained in the thirtieth section of 
If real estate ihis act. And if the improved real estate taxed as above 
ded, as mills, mentioned, shall consist of a saw mill, grist mill, mill factory, 
sen rnd?wJed "^"J privilege, or other real estate wliich cannot be divided 
part, &c. without prejudice to the whole, and where the whole of the 
same is not necessary to be sold to satisfy the taxes on the 
same, the officer, having such taxes to collect, may sell such 
undivided part of the same as may be sufficient to satisfy such 
Owner juay re- laxcs and chargos of selling. And the owner of any such 
*^'"* improved real estate, so sold, shall have tlie same right of 

redemption, and on the same terms, as the owners of unim- 
proved land sold for taxes are by law entitled. And the pur- 
Purchuscr to chascr, in case of redemption by the owner, shall be obliged 

accouut for • i i #. i i /• r i 

profits, &c. to account With such owner for the rents and profits of such 
real estate so sold, over and above the improvements made 
on, and the taxes paid for the same ; and shall also be liable 
to such owner for any strip or waste made on the same : Pro- 
Limitation of vided however^ That no officer to whom any warrants for the 
make 'iuch Collection of taxes may be committed, shall be authorized to 
afi^ ^ate^of scU any improved or unimproved land as mentioned in the 
''^^^^* ^^^" thirtieth and thirty-first sections of this act, after the expira- 
tion of two years from the date of such warrants. 
Where non- Sect. 32. Be it further enacted^ That where any non 

rcsidente^haTc resident proprietor of any lands in any town or plantation 
izcd and notifi. within this State, shall have authorized in writing;, any person 

cd attorney in i j n- • i , . ,. 

town, &c. residing and dwelling m any such town or plantation as his at- 
tLelTiic^sudi torney, to pay the taxes imposed upon such lands, and such 
toeTotiwb^ written authority shall have been lodged with or recorded by 
fore any stich the Clerk of such town or plantation, which such Clerk is 
hereby required to do, upon application of such attorney, and 
FdT^ *i7i)5 P^y"^^"t of twenty-five cents for filing or recording the same; 
§ 1] no Constable or Collector of taxes in any such town or plan- 

tation, shall proceed to advertise the sale of any lands of any 
such non-resident proprietors, for non payment of any taxes, 
committed to tliem to collect, without first notifying and de- 



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ASSESSMENT AND COLLECTION OP TAXES. 681 



[♦488] 



manding payment of such tax of such attorney, either* per- Ch. 116. 
sonally or by written notice and demand left at his dwelling 
house, nor till after the expiration of two months from and 
after such notice. And in case such collector shall have oc- 
casion, after said two months, to advertise such lands for sale le^f ovilicnco 
upon neglect of payment of the taxes, his affidavit made be- ^(cirnl^^nle 
fore a Justice of the Peace, and recorded by the Clerk of 
such town or plantation, (who is hereby required, upon re- 
quest of such Constable or Collector, to record the same) 
before any sale be made that such personal or written notice 
was given, and expressing the time of giving the same, shall 
be admitted as legal evidence thereof. 

Sect. 33. Be it further enacted, That if any of the Col- collector's 
lectors of the State, county, town or parish rates and taxes, State ami oih- 

^ , * , er taxes may 

when in the execution of their office, shall be hindered or re<iuirc aid, if 
impeded in collecting the rates and taxes committed to them, rwaag. giai. 
it shall be lawful for such collectors to require some meet Mar 15, i78o, 
person or persons to aid and assist them therein ; and that Fine for rcfus. 
all persons so required, who shall refuse their aid and assist- *"^ ^ ^*^^' 
ancc, shall severally pay a fine to the town or plantation where 
the offence may arise, not exceeding six dollars at the dis- 
cretion of the Justice before whom the conviction may be 
had, by complaint or information in writing, according to the 
circumstances of the offence : Provided^ That it appears to Proviso, 
the Justice, that the aid so demanded as aforesaid, was ne- 
cessary ; and on default of payment of the fine imposed, the imprisonment 
Justice may order the ofiender to be committed to the com- ^ymenr of** 
mon gaol of the county for the space of forty-eight hours. *"®* 

Sect. 34. * Be it further etuietedj That when and so Q^ngj^yg m^^ 
often as any Constable or Collector of public taxes, shall having taxes to 
have any list of assessment to him committed, m which list his own town, 
shall be named and legally assessed in any sum or sums, any qaVre^ard Tn 
person*or persons not inhabitants of the town or plantation to ad><^t*^i^ 
which such Constable or Collector belongs ; in every such ^^^ £*^|- 
case it shall and may be lawful for any such Constable or lected. 
Collector to require and command any person or persons rjim^. stat. 
within the limits of their respective towns or plantations, to M«r.»,i788, 
assist such Constable or Collector in the collection of the 
taxes assessed as aforesaid, on any of the inhabitants of any 



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[lb § 2.] 



fyS2 ASSESSMENT AND COLLECTION OF TAXES. 

Ch. 116. such adjacent lands ; and such Constable or Collector may, 
"t^^^^ and* hereby is also fully authorized to require and command 
any of the inhabitants of the aforesaid lands adjacent, to as- 
sist him in collecting any such assessment as aforesaid. 
Sect. 35. Be it further enactedy That if any person or 
fi^rnjl*^io*^^d persons, when thereunto required, shall refuse or neglect to 
coiisiahic, &c. jjjj 2^,d assist any Constable or Collector requirine such aid, 

111 81ICI1 cases. •' T o » 

he or they so refusing or neglecting, shall be, and hereby arc 
made liable to, and shall pay the same penalties, to be recov- 
ered and disposed of in the same manner, as is provided in 
case of refusing to assist Constables or Collectors when there- 
to required, within the limits of their respective towns. 
Collectors to Sect. 36. Be it further enacted^ That the several Col- 
fcctmen, \T,' Icctors of public taxcs shall once every two months, at least, 
monib^ ^ac' exhibit to the Selectmen, and where tliere are no Selectmen, 
counts of their iq the Asscssors of the respective towns or plantations to 

coUcctionSy&c. , . 

which they belong, a just and true account of all the monies 
l?*^^^,*Jh they have received on the several taxes committed to them, 

Mar. 23, 1784, rn . 

§ 1-1 and produce the Treasurer's receipts for all the monies by 

them respectively paid into the Treasury. 
Forfeiture for Sect. 37. Be it further etMCted^ That if any Collector 
neg ect. ^f public taxes shall neglect to exhibit his accounts in man- 

[ib. § 2.] j^gj. aforesaid, he shall forfeit and pay for every neglect, the 
sum of two and a half per cent, on the sum or sums commit- 
ted to him to collect, to the use of the town or plantation of 
which he is or has been a collector, to be recovered by such 
town or plantation in any court of law proper to try the same. 
When collector Sect. 38. Be it further enacted y That where any Con- 
bh,^*^&c.* ?r stable or Collector in any town, plantation or parish within 
about to re- ^jjjg State, shall have had any rates or assessments commit- 

move, or has ' •^ 

removed, be- led to him to coUect, and has removed, or in the Jud£;ment 

fore time of ? j o 

payment to of the Selectmen, Assessors or Treasurer of the said town, 
1^^" ^^ or the committee or Treasurer of the parish (as the case may 
&c!'meeang'**' ^®) '^ about to rcmove out of this State, before the time set 
'^y ^ J^^ in his warrant or warrants to make payment to the several 
will settle with Treasurers therein mentioned, or the time of payment be 

and discharge 

such collector, elapsed, and the Treasurer or Treasurers has thereupon is- 
TMass. Stat, sucd his or their warrant or warrants of distress ; that in ei- 
1./ ' ' ther case it shall and may be lawful for the Selectmen of 



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ASSESSMENT AND COLLECTION OF TAXES. 683 

such town, Assessors of such plantation, or committee of Ch. 116. 
such* parish, on their own motion, or at tlie request of their ^"^^^^^ 
respective Assessors or Treasurers, to call a town, planta- 
tion or parish meeting, in duo form of law, setting forth in 
their warrant the cause of such meeting, and requiring the 
voters qualified by law at the said meeting, if the said voters 
shall think it proper, either by themselves or such person or 
persons as they shall appoint, to settle with the said Consta- 
ble or Collector, who is under either of the above mentioned 
circumstances, and who has or is about to remove as afore- 
said, for the money he has received on the rate bill or bills 
that have been delivered to him, and demand and receive his 
said bill or bills, and give him a discharge therefor ; and at ami choose an- 
the said meeting may proceed to the choice of another Con- J*^*}^*^^! 
stable or Collector. And the Assessors shall make out a new fp« *«" ^ 

lirer wrarrant 

warrant under their hands, in due form of law, and shall de- tofinwhthccoi- 

liver the warrant together with the same bill or bills, to tlie 

person chosen as aforesaid, to collect and levy what shall be 

remaining due thereon, and the person so chosen is hereby 

vested with the same authority to levy and collect what shall 

then remain due on the same bill or bills, as the Constable 

or the Collector was, to whom tliey were first committed. 

Sect. 39. Be it further enacledy That if any Constable ForfeUure for 
or Collector so removing or intending to remove hunself out J^JJ^^ug ^^' 
of this State, sliall refuse to deliver the bill or bills of rates intending so to 

. , . do, refuBiiiff to 

oi* assessments committed to him to collect, and all monies deliver bills 
collected by him thoreon and remaining in his hands, when him and money 
demanded by the Assessors or Selectmen or the major part ^ ^'® * 
, of them as aforesaid, to deliver the same, he shall pay a fine l^* § ^'^ 
of two hundred dollars to the use of the town, plantation or 
parish of which he was Constable or Collector, to be recov- 
ered by such town, plantation or paiish, in any action of debt 
to be brought in any Court of law proper to try the same, 
and shall remain liable to pay what shall remain due upon the 
bill or bills committed to him to collect, as is provided by 
this act. 

Sect. 40. Be it further enacted^ That when any Con- constable &c 
stable or Collector of any town, plantation or parish, who is becoming non 

^ ' * * ' compos, or m- 

already, or may hereafter become v,on compos mentis^ and capable, &c, 
Vol. 11. 6 



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584 ASSESSMENT AND COLLECTION OF TAXES. 

Ch. 116. who hath, or may have a guardian duly appointed, or who 

^^^^"^^ hath already* been, or may hereafter, by bodily infirmities, 

ting hia coiicc- be rendered mcapable of dischargmg the duties of his office, 

may' a^^t" 1" the judgment of the Assessors, before such insane or in- 

fiSr*'' ^"^ ^^^ Constable or Collector hath perfected his collection, the 

[♦491] Assessors shall thereupon procure and appoint in writing, un- . 
[MaM. Stat, der their hands, some suitable person a Collector, to perfect 

Feb. 3, 1792, , „ . , , . r , J 

§ i.j such collection, and grant him a warrant for that purpose ; and 

hill power3,«tc. the person so appointed shall have the same power and au- 
thority as wore granted to such insane or infirm Constable or 

Proviso. Collector : Provided nevertheless^ That no person shall be 

appointed to complete the collection of such infirm Collector 

. unless he shall request the same : And provided Juriher,^ That 

or infirm col- when it shall appear to the Assessors, that such insane or in- 

lector liaa over- 

paid asscsrora, firm Constable or Collector shall have paid to the Treasurer 
fhaiibo^rcSod^ or Treasurers, to whom he was accountable, a larger sum or 
^* sums of money than the amount of the monies that lie has 

collected from the persons borne on his list of assessment, 
the Assessors, in their warrant to the collector by them ap- 
pointed, shall direct him to pay such sum as shall appear to 
them to be overpaid, as aforesaid, to the guardian of such 
insane Constable or Collector, or to such infirm Constable 
AssesBors may Or Collector as the case may be. And in the cases aforesaid, 
f^st from and in case of the decease of any Constable or Collector of 
coi!ectoi?"or ^^^^^ before his perfecting his collection, the Assessors for 
their guardiaoB the time beine shall have power to demand and receive the 

or executors, ^ ^ , r i . /• *-^ « i 

&c. the liau of list or hsts 01 asscssmcnts of and from such mnrm Constable 

^J!^^deiiT- or Collector, or from the guardian of such Constable or Col- 

S^^llector* lector as shall be non compos mentis^ or from the executors 

or administrators of any deceased Constable or Collector, or 

of and from any person in whose hands the same may be, 

and to deliver the same to the collector newly appointed. 

State treasurer Sect. 41. Bc it further enacted^ That if any Constable 

raStofdUtrew ^^ Collector to whom any tax or assessment shall be commit- 

against dclin- ted to collcct, shall be rcmiss and rieclicent of his duty in not 

quent consta- . o o .^ 

bles, &o. levying and paying unto the Treasurer of this State such sum 

rM St ^"^ sums of money as he shall from time to time have receiv- 
Feb. 16, 1786, ed, and as ought by him to have been paid within the respec- 
tive times set and limited by the Assessors' warrant pursuant 



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ASSESSMENT AND COLLJ^CTION OF TAXES. 585 



1*4921 



to law, the Treasurer of ibis State is hereby* empowered, Ch. 116. 
after the expiration of the time so set, by warrant under liis 
h^d and seal directed to the Sheriff or his deputy, to cause 
such sum and sums of money to be levied by distress and sale 
of such deficient Constable or Collector's estate real and per- 
sonal, returmng the overplus if any there be ; and for want 
of such estate, to take the body of such Constable or Collec- 
tor and to imprison him until he shall pay the same, which 
warrant the Sheriff or his deputy is hereby empowered and 
required to execute accordingly. 

Sect. 43. Be it further enacted^ That whenever the Treasurer of 
time fixed by law for collecting any tax shall have expired, sue ex^uLn^ 
the Treasurer of this State shaD and he is hereby authorized ^^^ ^^^ ^cof- 
and empowered, at the request of the Selectmen or Assessors ^p|]J*j^ ^^^ 
of any town or plantation, to issue his execution against any ^'^^^I'So^ 
collector or collectors of their respective towns or plantation § s.] ' 
without further order. 

Sect. 43. Be it further enacted^ That if any Constable Towns, &c. to 
or Collector, so failing as aforesaid, have no estate to be "!^® up defi- 
found, whereon to make distress, and his person cannot 'be Ugent or deiin- 
taken within the space of three months from the time a war- ors to Btato 
rant of distress shall issue from the Treasurer of this State as ''***'*^* 
afore2>aid« or beinc; taken and committed to eaoL shall not [Mass. stat. 

.... u • r 1. • 1 u Feb. 16, 1786, 

withm three months satisfy the same, m such case the town § 5.] 
or plantation, whose Constable or Collector so fails of Ixis du- 
ty, shall within three months from the expiration of the said 
three months first mentioned, make good to the Treasury the 
sum or sums due or owing to the same from such deficient Con- 
stable or Collector : and the Assessors of such town or plan- 

AsKiison, occ. 

tation, having notice in writing from the Treasurer of the fail- to assess such 
ure of any Constable or Collector as aforesaid, shall fortli- upoaXii^ulb- 
with thereupon, without any other or furtlier warrant, assess *^*°^' ^^' 
the sum the said deficient Constable or Collector is deficieat, 
upon the inhabitants and estates of such town or plantation in 
manner as the sum so committed to such deficient Constable 

r>i %% 11 .1 ^^^ commit to 

or Cotiector was assessed, and commit ttie ssme %o some some oUier 
other Constable or Collector with warrant to collect ; and in ^ «>iiect! 
default thereof tlie Treasurer of this State is directed and em- ^^^* ^»«««>»"- 

er to lasue war- 
powered to issue a warrant of distress, against such deficient raot of distress 



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586 ASSESSMENT APiD COLLECTION OF TAXES. 

Ch. 116. Assessors for the whole sum which may remahi due from 
^^^"^""'^ such deficient Constable or Collector,* which shall be exe- 

ngaiost such i . , . m « • i • r 

assessors for cutcd m the Same manner as is prescribed in this act for serv- 
cjcttcy, " ing other warrants of distress, which may be issued by such 
[♦493] Treasurer : Provided always. That such Constable or Collec- 
stable Btiii iia- tor failing of his duly as aforesaid, for whose default the town, 
for his default* Or plantation is answerable, as before expressed, shall, at all 
times afterwards, be liable to llie action or suit of the inhab- 
itants, in their corporate capacity, for all such sum and sums 
as were assessed upon the same through his defect, and for 
Executors and Other damages occurring to them thereby. And in case of 
of decear^od the dcccasc of any Constable or Collector in any town, plan- 
cXctor^ Z lalion or parish, before his having adjusted the accounts of 
make up and jjjg assessments to him committed to collect, for such town, 

adjust his ac- ^ ^ ^ \ 

counts with as- plantation or parish, the ' executors or administrators of such 

scssort^ when 

unsettled: Constable or Collector shall, within two months after his de- 
cease, settle and make up accounts with the Assessors of the 
said town, plantation or parish, of such part of the assessment 
as was received and collected by the deceased Constable or 
Collector, in his life time, with which such executors or ad- 
ministrators shall be chargeable in like manner as the deceas- 
ed Constable or Collector should be, if living ; and such As- 
sessors shall thereupon procure and appoint, in writing, some 
and asscsiors suitable pcrson, a Collector to perfect such collection ; and 
some person to the pcrson SO appointed, is accordingly hereby empowered 
coHTOiionlwith 3"^ required to execute all such powers as were granted to 
powers, &c. ^^iQ deceased Constable or Collector : and if the executors 
ecutorf/&c. or administrators of any Constable or Collector so deceased, 
lwowite"&i! not having fully collected the assessment committed, shall fail 
of making up and settling the account of what was received 
by the deceased as aforesaid, before the expiration of the 
time aforesaid, such executors or administrators shall be 
chargeable with the whole sum committed to their testator or 
intestate, in case there be sufficient assets, in the same man- 
ner the deceased Constable or Collector should be, if living. 
Trcapurcrs of Sect. 44. Bt it further enacted J That if the Constable 
townsrpari^h- ^^* Collector of any town, plantation or parish within this 
ai,&c.niayi8- State, to wliom any county, town, plantation or parish rates 

sue uieir waf" 

rants against or assessments shall have been committed to collect, shall be 



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ASSESSMENT AND COLLECTION OP TAXES. 587 

remiss in his duty, by neglecting to collect and pay in the same Ch. 116. 
to* the Treasurer of such county, town, plantation or parish, ^T^""*^ 
by the time fixed in the warrant to him directed, such Treas- negligent coi- 
urer is hereby empowered to issue his warrant (r) returnable ^[♦494] 
in ninety days imder bis hand and seal directed to the Sheriff ^^^ ^ ^ j 
of the county or his deputy (who are hereby respectively di- 
rected and empowered to execute the same) to cause such 
sum or sums of money as such Constable or Collector hath 
not paid in, to be levied by distress and sale of his estate by**dwtrciJ8,ic. 
real or personal, returning the overplus, if any there be ; and 
for want of such estate to take the body of such Constable or 
Collector and him imprison until he pay the same ; and the 
warrant shall be in substance as follows : 

(8KAL) 18. AB, Treaflorerofthe of B, in the said p >. ^. 

county: To the Sheriff of the county of , or his deputy, Greeting. warrant. 

Wiiereas C D, of aforesaid [addition] on the ~— day of , be- 
ing a of rates and taxes granted and agreed on by the aforesaid, had 

a list of aasessmencs, Ally nmde by the Assessors of the aforesaid, amonnt- 

it^ to the sum of—, committed to him, with a warrant under th^ir liauds, di- 
recting and empowering him to collect the several sums in the said assessment men- 
tioned, and pay the same to the Treasurer of aforesaid by the ' day of 
— ; but the said C D hath been remiss in his duty by law required, and bath 
neglected to collect the several sums aforesaid, and pay the same to. the Trcasuror 

of the aforesaid; and there still remains due thereof the sum of , and the 

said C D still neglects to pay the same; yon are hereby in the name of the State of 
Maine required forthwith to levy the aforesaid sum of— by distress aod sale 
of the estate real or personal of the said C D, and pay the same unto the Treasm*- 
cr of tlie said , returning the overplus, if any tliere be, to the said C D, and 

for want of such estate to take the body of the said C D and him commit to the gaol 

in the county aforesaid^ there to remain until he has paid the sum of , with 

forty cents for this warrant, together with your foes, or tliat he be otherwise dis- 
charged therefrom by order of law; and make return of this warrant to myself or 
my sncoessor, as Traasoror of the said , within ninety days from this time, 
with* your doings therein. Given und^ my hand and seal, this ' day of [*495] 
in the year of our Lord one thousand eight hundred and . 

Sect. 45. Be it further enacted, That all executions 
or warrants of distress, that have been, or may hereafter be Warrants or 

•' executions to 

issued by the Treasurer of this State or by the Treasurer of be returned to 

(r) I. A writ of momiamtM lies (0 compel a town treasurer to iaeae bis war- 
rant of distresa ogainst a collector of taxes noglectiog to collect and pay oyer 
the same at the time fixed in the Assessors' warrant to the collector. Wal- 
dron 4* a/, vs, Lee, 5 Pick, 323. 

2. If the facts upon which sach treasurer is to issne his warrant of distress 
are properly certified to him, he has no discretion, but is obliged to issue his 
warrant. /&. 



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589 ASSESSMENT AND COLLECTION OF TAXES. 

Ch« 116. any couuty, towD, plantation or parish against any Constable 
^■^"^^'^^ or Collector wluch hath been or may be hereafter delivered 

trcataircrs by % t^t 'm r • i • i • o i • « 

whom issued, to tlie Sheriff ol any county witlun this State, or his deputy, 
[lb. § 7.] such SherifT or d^uty shall make return of his doings there- 
on unto the Treasurer who issued the same execution or 
warrant of distress, within a reasonable time after the return 
day in the same mentioned, with the money, if any, that he 
and ifunsatis- hath received and collected by virtue thereof; and where 
newdL^ ^ the same shall necessarily be returned unsatisfied, or satisfi- 
ed in part only, such Treasurer may issue an alias for such 
sum as may remain due on the return of the first, and so to- 
ties quoiies ; which reasonable time after the return day shall 
be computed at the rate of fi>rty-eight hours f<>r every ten 
miles distance from the dwelling house of the SherifT or his 
deputy, to the place where the warrant may be returnable ; 
Liabilities of and any Sheriff or deputy Sherid*, that shall make default in 
n^iiHti^g*^ t^ accounting for, and paying in the monies be may have col- 
^ra"l^rtrel lected and received of any deficient Constable or Collector, 
ccpts. i^y execution or warrant of distress as aforesaid, or in making 

return of his doings within reasonable time as aforesaid, shall 
be liable to pay the whole sum in such execution or warrant 
Treasurers ^^ distress mentioned ; and tlie Treasurer of this State, and 



nia^ 



y issue exe- ^jjg Treasurers of the counties, towns, plantations and par- 

__.ion against ^ » ' r r 

audi deScient ishes respectively, are hereby authorized and empowered to 

sheriffs, to be ,. -i^. j.i^ 

collected by make out their warrants respecuvely, directed to the Coro- 
ner of such county, where any Sheriff or his deputy is defi- 
cient as aforesaid, requiring them respectively as aforesaid to 
distrain for tlie sanAe, upon the estate, real or personal of such 
deficient Sheriff or his deputy, as is before directed herein, 
with respect to the Sheriff or his deputy making distress upon 
the estate of deficient Constables or Collectors ; which war- 
rant the Coroner of any county respectively is hereby em- 
powered and required to execute. 
[*406] Sect. 46*. Bt U further enacUdy That any officer who 

oiulig tJcawr- "^*y ^^^ occasion to distrain any personal property of any 
ere' warrants, deficient Constable or Collector, by force of any warrant of 
[Mass. Stat, distress or execution issued by the Treasurer of the State, or 
§ s!] ^' ^^^* ^y ^^^ Treasurer of any county, town, plantation or parish, 
shall proceed in the sale of said personal propeirty, in the 



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ASSESSMENT AND COLLECTION OF TAXES. 580 

same manner such officer by law is obliged to proceed in Ch. UG. 
serving executions upon judgments obtained by creditors ^-^^^^-'^ 
against their debtors, where peirsonal estate is taken for sat- 
isfying the same. 

Sect. 47. Be it further enacted^ That when any execu- m^j^ ^^ jg^y. 
tion or warrant of distress issued by the Treasurer of tlie State, ^^^^[^1^"^ 
or Treasurer of any cotmty, town, plantation or parish to tlie warranta on 
Sheriff or his deputy, or to the Coroner, shall be levied on deficient con- 
the lands, tenements or hereditaments of any deficient Con- !&, &c. 
stable, Sheriff or deputy, in every such case the officer ex- ^ 
ecuting such warrant of distress, shall make sale thereof at Feb. 16, 1786, 
public vendue to ihe highest bidder, and execute a good 
deed or deeds of bargain and sale thereof, to the purchaser, ' 
having first given notice of the time and place of sale, by 
posting advertisements, at least fourteen days previous there- 
to, in two or more public places in the town or place where 
such lands or tenements lie, as also in the two adjacent towns ; 
and all deeds and conveyances of any such lands or tenements 
duly executed as aforesaid, shall be good and effectual in law 
unto the purchaser, his heirs and assigns forever, to all intents 
and purposes, as though executed by the deficient Constable, 
Sheriff or deputy ; and in case the produce of such lands and 
tenements shall not satisfy the sum or sums, mentioned in the 
said Warrant or warrants of distress, together with reasonable 
charges arising thereon, then the Treasurer issuing such war- 
rant, shall issue an alias execution or warrant of distress for 
such remaining sum or sums, and the officer executing the 
same, for want of estate, shall take the body of such deficient 
Constable, Collector or deputy Sheriff, and him commit unto 
the common gaol of the county where he belongs until he 
shall pay the same : Promded always^ That when any Con- co,„^abki 
stable, CoUdctor or deputy Sheriff shall be committed to gaol «*»eri&, dee. 
for default in payment of any taxes committed to him to col- may b»ve Ub- 
lect, such Constable, Collector, or* deputy Sheriff shall be [»497]* 
admitted to the liberty of the gaol yard, they procuring suffi- 
cient bonds in the same manner as by law is prescribed for 
other debtors. 

Sect. 48. Be it further enacted. That whenever a Con- ^ 

ABSCBBOn to 

stable or Collector of any town, plantation or parish, shall be demand of 



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590 ASSESSMENT AND COLLECTION OF TAXES. 

Ch. 116. taken on execution by virtue of this act, it shall be lawful for 
^-^""^"^^ the Assessors of such town, plantation or parish, for the time 

constable, &c. ,..-, _ , , , .riz-i ii 

taken in exe- being if they sec fit, to demand and receive of the Constable 

of'aU a^^^ or Collector, taken as aforesaid, a true copy of any or all the 

iTncb iTnsct-^ assessments which as Constable or Collector aforesaid, he 

tied, with evi- fjaj jn j^g hands unsettled, at the time of being taken as afore- 

dence,&c.&c. , ' ° 

said, with the whole evidence of all payments on the assess- 
„ . ments demanded as aforesaid ; and in case the said Consta- 

Furtlier pro- , . 

c^eedingsonde- blc or Collcctor, taken as aforesaid, shall upon bemg dcmand- 
cop7&c.*and cd thereto, deliver up to the said Assessors, all the assess- 
»eul^entwith ^^gj^^g^ which he as Constable or Collector as aforesaid shall 
have in his hands unsettled, together with the whole evidence 
of all payments on the assessments demanded as aforesaid, 
then the said Constable or Collector shall receive such credit 
as the said Assessors, from an inspection of his assessments 
shall adjudge him entitled to ; and the said Collector or Con- 
stable taken as aforesaid shall be holdeA for the payment for 
such sum or sums of money, as shall be found deficient, after 
Towns, &.C. being credited as aforesaid ; and the same town, plantation or 
chw«I*^c?nec^ parish may proceed to the choice of another Collector at any 
coUecUon"'^** Other time besides the annual meeting in March or April, to 
finish the collections on the same assessments, who shall be 
sworn to the faithful discharge of his office ; and the Assess- 
ors for the time being respectively, on receiving the assess- 
ment as aforesaid shall make and deliver to the same Collec- 
tor chosen and sworn as aforesaid, a warrant or warrants for 
finishing the collections last aforesaid in form prescribed, 
Such collect- WMA^atw mtUandUy and the same Collector shall proceed to 
or's powers, finish such coUcctions in the same manner as Constables 

o&C. 

or other Collectors are to proceed in collecting like species 
Proceedings in of rates or taxes ; and if any Constable or Collector taken as 
sSSiT^*^- aforesaid shall on demand as aforesaid, refuse to exhibit and 
fuse to deliver deliver up his assessments, with the evidence as aforesaid, 

imaaaessDiaits, 

evidence, dtc« he shall forthwiUi, either by the officer taking him as afore- 
t*498] said, or by warrant* from some Justice of tlie Peace, be 
committed to the common gaol of the county there to remain 
until he shall exhibit the same for the purpose aforesaid : and 
the Assessors of such town, plantation or parish, are hereby 
empowered to take the duplicate or copies of the records of 



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AS8£S8BfENT AND CC»»LECnON OF TAXES. 591 

such assessments, if the same are recorded, and the same Ch. 116. 
copies to deliver to the Collector chosen as last aforesaid, ^-^"^^^-^ 
who, having received the same and a warrant therefor, shall 
proceed to finish the collection of the rates and taxes in the 
same assessments mentioned, of the persons who did not pay 
the same to the Constable or Collector taken as aforesaid : 
Provided aliDaySj That the Collectors chosen to finish the 
collections aforesaid, on averment of payment by the per- 
son or persons assessed to the Constable or Collector taken 
as aforesaid, and denial of payment to the Collector for fin- 
ishing the said collections shall not proceed to distrain or im- 
prison any person, unless a vote of such town, plantation or 
parish, is first had therefor, and certified to the same Collec- 
tor by the Clerk of such town, plantation or parish. 

Sect. 49. Be it further enactedy That where any town where towns, 
shall nedect to choose a Constable or Collector, or if any &«• n«giect to 

o 1 J chooee consta- 

plantation shall nedect to choose a Collector to eather the Wea or coiiect- 
rates or taxes granted by the Legislature, that m such case, &c. empower- 
the Sheriff of the county, or his deputy, shall be, and hereby 
is empowered and directed to collect such rates or taxes, FMaas. Stat. 
having received an assessment made of the proportion of the § s.] 
several persons rateable in such town or plantation, together 
with a warrant under the hands of such Assessors as shall be 
appointed by the Court of Sessions in the county where such 
deficient town or plantation lies, or under the hands of the 
Assessors of such town or plantation duly chosen by them 
respectively. 

Sect. 60. Be it further enacted^ That if any of tlie plantations 
plantations aforesaid shall neglect to choose Constables or ch5w» *Snjta- 
Collectors as aforesaid, or if the Constables or Collectors ^i®"» A<^« ^ 

cnootinff re- 



chosen by any such plantation and accepting such trust, shall mus Rector*, 
be rembs, or neglect their duty, in every such case, such plan- same penalties, 
tation shall be proceeded with in the same manner as by this jMass. But. 
act is provided in the case of deficient towns, and such defi- fe*|®*^^^' 
cient Constables or Collectors shall be, and hereby are made^ [*499] 
liable to the same penalties, to be recovered by the same 
process as by this act is provided in the case of deficient 
Constables or Collectors chosen by towns. . 

Sect. 61. Be it further enacted^ That the Sheriff or 

Vol. II. 7 



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592 ASSESSMENT AND COLLECTION OP TAXES. 

Ch. 116. his deputy, upon the receiving such assessment and warrant 
^-^^^"^^ for collecting it, shall forthwith post in some public place of 

Mode of pro- , , . , * , .. . 

ceeding to col- the town or plantation assessed, an attested copy of such as- 
J^rir^rdci^ sessment and warrant, and shall make no distress for any of 
^^' the sums so assessed, till after thirty days from his posting it 

[lb Ml up ; and any person or persons paying the sum or sums res- 
pectively assessed on him or them to the Sheriff, before the 
expiration of the aforesaid thirty days, shall pay at the rate 
of five per centum over and above tlie sum assessed to the 
Sheriff for his fees, and no more; but all such as shall neg- 
lect to pay the sum or sums assessed, beyond the thirty days, 
after posting up the copy of the assessment as aforesaid, shall 
be proceeded against by the Sheriff by way of distress or 
commitment to gaol in the manner Collectors are by this act 
directed and empowered to distrain or commit to gaol ; and 
the said Sheriff or his deputy, may require suitable aid for 
that purpose, and they shall each one pay the fees for the 
Sheriff's service and travel as in other cases, where distress 
is made or the person committed. 
Officers com. Sect. 62. Be it further enacted^ That when any ofB- 
mittinff per- ccr appointed for collecting any rates or assessments by vir- 

sons for non ^'^ . ii /. i. , , , , 

paymcDt of tuc of any warrant, shall, for want of goods or chattels where- 
leave'copy of of to make distress, take the body of any person and commit 
iS^i^ of a«. h™ to prison he shall give an attested copy of his warrant 
sessment, &c. ^^tQ the keeper of the prison, and thereupon certify under 
[lb. § 11.] his hand the sum* such person is to pay as his proportion to 
the assessment, with the cost of taking and committing : and 
that for want of goods or chattels, whereon to make distress, 
he has taken his body ; and such attested copy with the cer- 
tificate thereon under the hand of the officer, shall be a suffi- 
cient warrant to require the prison keeper to receive and 
keep such person in custody until he shall pay his rate or as- 
sessment as aforesaid, and charges of imprisonment with thir- 
ty-three cents for the copy of the warrant : Provided never- 
Liberty of yard thel$B9^ Any persOD Committed to gaol for his taxes, shall 
sons so c^I have the liberty €£ the gaol-yard, upon his procuring sufficient 
™" ' bonds as is by law directed for other debtors. 

[♦«ooi Sect. 53*. Be it further enacted^ That when any per- 

iVneo persons . 

committed for soD Standing Committed as aforesaid, for any tax due to the 



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AaSEBSMENT AND COLLECTION OS' TAXES. 593 

Slate, or to the county, shall be liberated from such commit- Ch. 116. 
ment« by virtue of an act entitled " An Act for the relief of '■■*''^^^. 

. /. . tULtSf arc dis* 

poor prisoners confined in gaol for taxes ;" in every such charged aa 
case the town or plantation from whose Assessors, the war- {owL, &c. ' 
rant, by virtue of which such prisoner was committed, was Jj^j^ ^ ^^ 
issued, shall be holden to pay the whole tax required of such IJ^'^f^^J^i 
town or plantation. § 6.] 

Sect. 54. Provided : And be it further enacted^ That -^ __^ 

^ *' When person! 

when any person who shall be imprisoned for the non-pay- are ditcharged 
roent of the proportion of any tax, shall be discharged from poor deUor*i 
confinement by virtue of said act, the Collector or Constable bie*Uabfe1to" 
making such imprisonment, shall not be discharged of the pro* ^^^t!? 
portion which was due from such person, but shall be holden within^^one 
to pay the same, unless such imprisonment shall be made 
within one year next after the commitment of such tax to 
such Collector or Constable, or unless the inhabitants of such 
town or place, in legal town meeting shall see fit to abate the 
sane to. such Collector or Constable. 

Sect. 55. Be it further enacted^ That in case of dis- oificer'a feet 
tress or commitment for the non-payment of taxes* the officer <>" commit- 

*^ ^ ' ment and dii- 

concemed therein, shall be entided to the same fees which treM. 
Sheriffs by law are, or may be entitled to for levying execu- .j^j^^ g^^^ 
tions ; saving that the travel in case of distress, shall be com- Mar. le, 1786, 
puted only from the dwelling house of the officer making such 
distress, to the place where the distress may be made. 

Sect. 56. Be it further enactedy That it may be lawful Townsmayap- 
for the mhabitants of any town within this State at their meet- {^^JSor^a^coi- 
ing in the month of March or April annually, to appoint their lector of taxe«. 
Treasurer a Collector of taxes in their said towns ; and the [Mass. Stat. 
Treasurer so appointed shall be and he hereby is empowered § i.] 
to substitute and appoint under him such number of depu- 
ties or assistants, as may be necessary; which deputies or and he may ap- 
assistants, so appointed, shall give bonds for the faithful dis- J^'JitS.*"* 
charge of their duty, in such ^sums, and with such smreties, as 
the Selectmen of such town shall think proper ; and the said 

_ „ . , . . . « 11 1 1 Their powers. 

Collector and his deputies shall have the same powers as are 
vested in Collectors of taxes chosen for that purpose. 

Sect. 57*. Be it further enactedy That all such inhab- j^^hSito of 
itants of the said towns, who shall voluniarily pay the said mch towns vol- 



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594 ASSESSMENT AND COLLECTION OP TAXES. 

Ch. 116. Collector or his deputy within thirty days next after the de- 
^^^^y^^ Uvery of their tax bills, the amount of their respective taxes, 

untarily paying , ,/, . , , . r t . • 

taxes within shall be entitled to an abatement of such sum as said town at 
STtreesurer, their annual meeting may agree upon, on the amount of their 
abL\eraMtrM ^^^ iBxes ] and such inhabitants as shall voluntarily pay their 
towns may taxcs to the said Collector or his deputy within sixty days 

agree upon. r ^ j j 

after the delivery of their tax bills, shall be entitled to an 

abatement of such sum as may be agreed upon as aforesaid, 

[tModified; Qn the amouut of their said taxes ;t and all such inhabitants 

«ee ch. 337, § 

5, vol. 8, p. as shaD voluntarily pay to the said Collector or his deputy, 
within one hundred and twenty days after the delivery of their 
tax bills shall be entitled to an abatement on the amount of 
their said taxes, of such sum as may be agreed upon as afore- 
said. 

Sect. 58. Btii further enacted. That all such taxes as 

Taxes not so w f 

paid in, how shall not havc been paid in agreeably to the provisions of the 
fifty-seventh section of this act, shall and m^y be collected by 

[lb, § 8.) jjjg Collector or his deputy, or deputies, agreeably to the 
other provisions of this act. 

Assessors in Sect. 69. Be it further enocted^ That the Assessors of 

towns reguiat- any town, which shall at their annual meeting, re&:ulate the 

ing the coUec- . r i • r t 

tion of uxes coUcction of their taxes, agreeably lo the provisions of this 
jw.^hawTS^* act, shall assess their taxes in due form, and deposit the same 
proceed. jj^ ^j^^ hauds of the Treasurer for collection, together with a 

[lb. § 4.) warrant for that purpose, after he shall have been duly quali- 
fied, together with his deputy or deputies ; and at the same 
(tPart in ital- time shall post up notifications thereof, together^ with a copy 
Mcch!337,§5, of the fifty'seventh section of this actj in one or more public 



YoL 8, p. 188.1 p^^^ ^^^^ ^^ ^^^^ ^^j 



(9) Upon a similar statate to that which in this State exonerates Asses- 
sors from all liabilitjr except for their own personal faithTnlness and integrity, 
(see ch. 887, vol. 8, p. 180,) it has been decided in Maasachosetts as follows: 

1st For the assessment of an illegal tax, required by a town or parish, 
&c. the Assessors ore not liable. Ingraham vs. Daggett 4r at, 5 Pick, 453. 
See also, IVithington o«. Eveleth, 7 Pick, 107. 

2dl J. For an illegal asseasment by Assessors of a tax so required, as where 
the tax was assessed upon one not a member of the corporation, or parish, 
&c. the Assessors are liable in an action of trespass, and do not come within 
the exemption of the sUtnte. Oage va. Currier, 4 Pick, 899; Inglee V8. 
Boaworth ^ ai, 6 Pick, 601 ; LUiU va. McrrUl 4> a/. 10 PtcA. 648. And, 



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ASSESSMENT AND COLLECmON OF TAXES. • 595 

Sect. 60. Be it further enacted^ That it may be lawful Ch. 116. 
for any town Treasurer who may also have been chosen a ^^"^"'''^^^ 

•' , , Town treasur- 

Collector as well as Treasurer, as is provided for in the fifty- er, who is also 
sixth section of this act, to issue his warrant to the Sheriff of ^t^ wam^^ 
the county, or his deputy, or to any Constable of. the same ^"J^*^^ 
town, directing them to distrain the person or property of any ^V^^^/*' 
person or persons, who may be delinquent in the payment of times fixed for 

^, ... ri-i-jrv" . paymentoftax- 

taxes after the expirauon of the time fixed for the payment es. 
thereof by any vote of such town ; which warrants shall* be [♦502] 
of the same tenor with the warrant prescribed to be issued warranto and 
by Selectmen or Assessors for the collecting or gathering in ^^^ «tun»» 
of the State rates or assessments, mutatis mutandis. And 
the said officers shall make a return of their warrants with tebTi, isis*.] 
their doings thereon to the said Treasurer and Collector with- 
in thirty days from the date thereof: Provided however, proviso 
That nothing in this act shall prevent the said Treasurer and 
Collector whenever there may be a probability of losing a 
tax, from distraining the person or property of any individual, 
before the expiration of the time fixed by the votes of said 
town. 

Sect. 61. Be it further enacted. That it shall be the oftoersdutyto 
duty of said officers to execute all warrants they may receive execute war- 

. ranto from 

from said Treasurer and Collector, pursue the same process treasurer, and 
in distraining the persons or property of delinquents, as Col- 
lectors of taxes are authorized to do and perform ; and for 
collecting the stmi of money due on said warrant, receive the 
fees that are allowed by law for levying executions in person- 
al actions : Provided however. Before the said officers shall provided, no. 
serve any warrant, they shall deliver to the delinquent, or ^^"^^ali^ 
leave at his or her usual place of abode a summons fi'om said '•^ *'**** ^^• 

qoMit, statinff 

Treasurer and Collector, stating the amount due, and that oie amount and 
unless the same is paid within ten days from the time of leav- paid, 
ing said summons, into the town Treasury with twentyf cents (fSee ch. 887, 
for the said summons, his or her property will be distrained iss'.]** * ^' ^' 
according to law. 

Sect. 62. Beit further enacted, That the affidavit of What shall be 
any disinterested person taken before a Justice of the Peace, ^^dce for 

SdJy. Sach an action may be brought against the Asaesfors jointly, or sov- 
erally. JVithington vs. EveUth, 7 Pick. 106. 



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596 . ASSESSMENT AND COLLECTION OF TAXES. 

Ch. 116* of the posting notificatioDs required for the sale of any land 
^^"^""^-^ which shall be sold by any Sheriff, Constable or Collector in 
&c. ' the execution of his office, may be used in eiridence of the 

[Mass. Stat, f^^t of noticc upon any trial of the validity of such sale : 
F^b^28,i796, providedy That such affidavit, made on one of the orignial 
[Seech. 501,5 advertisements, or on a copy of one of them, shall be filed 
2, vol, 8, p. and recorded in the Registry of Deeds of the county or dis- 
trict where the land lies, within six montlis. 
When cstaten Sect. 63. Be it further enncted^ That if the estate of 

of individuals any inhabitant or inhabitants (not beins; an Assessor or Asses- 
are taken for ^ . x • ,T i i • i 

delinquency of sors of any towu or plantation) shall be levied upon and 
certdn ca^° taken as directed in the twenty-second section of this act, 
t^rf°il?de"i^ he* or they shall have an action or actions against the town 
nity for such or plantation, to recover the full value of the estate so levied 

inhabitants. * 

[*503] upon and taken, with interest thereon, computed at the rate 
[Mass Stat ^^ twclvc per centum per annum, from the time the said es- 
Feb. 26, ITW, tate was taken, with legal costs of suit ; and at the trial, the 
plaintiff or plaintiffs shall be admitted to prove the real and 
true value of the estate so taken, at the time the same was 
levied upon. And in order that such action or actions may 
be supported against a plantation : 

Sect. 64. Beit further enacted. That each plantation 
subject *to ti»e in this State, from which any State tax or taxes now remain 
S'"owns*'in^ due and unassessed, or from which any State or county tax 
such cases. gjjjjj hereafter be required as aforesaid, be and hereby is made 
[lb. § 5.] a body politic and corporate for the purposes aforesaid, and 
liable to such action or actions, with full power to defend the 
same in the same manner as towns by law may defend suits 
against them. [Approved March 21, 1821.] 
Additional Act, ch. 227, Vol. 3, p. 61. 
See act pissed Mtrcfa 2, 1833. 



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EDUCATION OP YOUTH. 697 

Chapter 117. €h. 117. 

AN ACT to provide for the EtlacAtion of Youth. 
Whereas the Constitution of this State has declared tliat a general diffusion of Preamble, 
the adtantagM of education is e«ential to the preservation of the rights and lib- [See Coni>titn- 
erties of the people, and has made it the duty of the Legislature to require the ^ion> nrt. 8, p. 
several towns to make suitable provision at their own expense for tlic support '^ 
and maintenance of public schools : 

Sect. I. JiSE it enacted by the Senate and House 0/ Amonnt of mo- 
Representatives, in Legislature assembled, That every town ^\i^ ^ai^ 
and plantation shall annually raise and expend for the mainte- J"*^ expended 

* ' ^ * for schools, in 

nance and support of schools therein^ to be taught by school each town and 
masters duly qualified, a sum of money including the income 
of any incorporated school fund not less than forty cents for 
each inhabitant, the number to be computed according to the 
next preceding census of the State, by which the represen- 
tation thereof has . been apportioned : Provided, That a part 
not exceeding one third of the money allotted to any district, 
may, if the district so determine, be applied to the support of §5^ ^JJ 3^!' 
a school taught by a mistress,t or when the sum so allotted to J^'<^ ^qj 
a district ui any year, shall not exceed thirty-five* dollars, 8, p.^212.] 
the whole may be expended in the same manner. 

Sect. 2. Be it further enacted. That it shall be the duty Duty ef presi- 
of the Presidents, Professors, and Tutors of Colleges, and ^et<^\^"' 
the preceptors and teachers of academies, and all other in- coi^^. •««'. 

, , preoeptom of 

structors of youth, to take diligent care and exert their best academies to- 
endeavours to impress on the minds of children and youth pit. * **' **"" 
committed to their care and instruction, the principles of 
piety and justice, an^ a sacred regard to truth, love to their June 25, 1789, 
country, humanity and universal benevolence ; sobriety, in- ^ '^ 
dustry, and frugality ; chastity, moderation and temperance ; 
and all other virtues which are the ornaments of human socie- 
ty : and it shall be the duty of such instructors to endeavour 
to lead those under their care (as their ages and capacities 
will admit) into a particular understanding of the tendency of 
the before mentioned virtues, to preserve and perfect a re- 
publican constitution, and secure the blessings of liberty as 
well as to promote tlieir future happiness, and the tendency 
of the opposite vices to slavery and ruin. 

Sect. 3. Be itfwrther enacted^ That there shall be dio- 



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598 EDUCATION OF YOUTH. 

Ch. 117. sen by ballot at the annual meeting, in each town and planta- 

^-^^y^^^ lion, a superintending school committee,! consisting of not 

be chosen at Icss than three nor more than seven persons, whose duty it 

anmia meet- ^j^^jj j^^^ ^^ examine scbool masters, and mistresses, propo- 

SiwuS^town ^*"§ *^ teach school therein. And it shall be the duty of 

to choose com- guch Committee tot visit and inspect the schools in their re- 
mittee; seech. ^' * ... 
311, vol. 3, p. spective towns and plantations, and mquire into the regula- 

[tPower of tions and discipline thereof, and the proficiency of the schol- 
Srg2/;*seeS" ws therein, and use their influence and best endeavors, that 
i63.V^** ^* ^ ^® youth in the several districts regularly attend the schools ; 
and the said committee shall have the power to dismiss (a) any 
may fill vacan- school master or mistress who shall be found incapable, or 
vol. 8, p. 226.] unfit to teach any school, notwithstanding their having pro- 
cured the requisite certificates ; but the towns and planta- 
tions shall be bound to pay such instructors for the time they 
have been employed ; and the superintending committee shall 
Towns to have power to direct what school books shall be used in the 
respective schools ; and at the meeting for the choice of 
tS^S^n°bJ town officers, there shall be chosen an agent|| for each school 
ch!i96'tor8 district, whose duty it shall be, to hire the school masters, or 
p. 19; and mistrcsses* for their respective districts, and to provide the 

mustbesworn; <• i •« •! /• i i i #• 

9eeactifar.4, necessary niel and utensils for the schools.lT If any parent, 
[•506] master or guardian, shall, after notice given him by the mas- 
foi IEmc^p^ ter or mistress of any school, refuse or neglect to furnish 
iir^s ^ ^\ ^^^^ several scholars with suitable books, the Selectmen of 
8, p. issV the town or Assessors of the plantation thereof, on being 
furnished by notified by such master or mistress, shall furnish the same 
§bm?r&cf***^' at the expense of the town or plantation, which expense 
incajeofneg- gj^ ]yQ added to the next town or plantation tax of such 

lect, how sup- ^ 

plied. parent, master or guardian. 

Sect. 4. Be it further enacted^ That no person shall be 
as a employed as a school master, unless he shall be a citizen of 
the United States, and shall produce a certificate (6) from the 



school master. 



(a) 1. ThecommiUee have no power to difmiM a school master oaless for 
one of the caQses mentioned in § 8; and this must be in writing, nnder their 
hands, specially assigning the caose of dismissal. Searsmont vs. Fctrwell, 
8 GTjr. 460. 

2. The committee have no authority to hire a school master-^tbat power 
beii^ vested in the school agent. Mocr vs. JVltwfisldi 4 Olf. 44. 
(fr) Com. vs. Dedham, 16 Mass. 144. 



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BDUCATION or YOUTH. 599 

superintendbg school committee of the town, or plantation Ch. 117. 
where the school is to be kept, and also from some person ^-'^s^^^ 
of liberal edacation, literary pursuits and good moral charac- 
ter resiifing within the county,! that he is well qualified to [fOr in any 
instruct youth ih reading, in writing the English language tv; Koohtsu, 
grammaticrfly, and in aritbf»etic, and other branches of learn- fj^N^^*' ^* ^' 
ing usually tec^ht in public schoob ; and also a certificate 
from the Selectmen of the town or Assessors of the planta- 
tion where he bdongs, that, to the best of their knowledge, 
he is a person of sober life and conversation, and sustains a 
good moral character. And no person shall be employed as certificate of 
a school mistress unless she shaU produce a certi&>a(e from quaiificationa 

^ of master and 

the superintending school comtfiittee of the town or planta- mutresses to 
tion where the school is to be kept, that she is suitably qual- 
ified to teach the English language gnanmatically, »id the |^vdi.' ^^p* 
rudiments of arithmetic, and produce satisfactory evidence of ^^-l 
her good moral character. 

Sect. 5. Be it further enacted^ That it shall be the AMeMomtoM- * 
duty of the Assessors of each town and plantation to assign J'§^|^ ^ 
to each school district, a proportion of the money raised m "^^m^ ^^ "^"^ 
each year for the support of schools according to the number 
of children therein, between the ages of four and twenty-one 
yearsf ; and the Assessors of towns shall certify such assign- [fModified; 
ment to the Selectmen : Provided^ That whenever any town J^o^jfiM.j 
or plantation shall raise a sum of money exceedhig that re- ProYiao. 
quired by this act, such surplus may be distributed among the 
several school districts, in such manner as the town* or plan- [*506] 
tation may determine. And if any town or plantation shall Penaitjr for 
fail to rabe and expend annually for the support of schools |^ ^§ ex- 
the amount of money required by this act, they shall forfeit ^jLjJl^^hJ 
and pay a sum not less than twice, nor more than four times tn«act. 
the amount of such failure or deficiency. And any perspn Penalty ft»r 
who shall teach any school required by this act, without pro- without certifi- 
ducing prior to his commencing the same the certificates re- ^^' 
quired by this act, shall forfeit and pay seventy-five cents for 
each day he shall so teach such school, and shall be barred 
from recovering of any town, platrtatkin, or person, any pay 
for teaching such school. 

V0L> jW. 8 



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600 EDUCATION OF YOUTH. 

Ch. ] 17. Sect. 6. Be it further enaded^ That all forfeitures and 
"-^'7'"*^ penalties for a breach of this act, shall be recovered by in- 
to be recover- dictment OT information, before any Court of competent ju- 
Diity of Grand risdiction ; and it shall be the duty of all Grand Jurors, to 
thuTact.*" *^ make due presentment thereof, in all cases that shall come to 
their knowledge, and such penalty when recovered, shall, in 
all instances be paid into the treasury of the town, or planta- 
tion where the same was incurred lor the support of schools 
therein, in addition to the sum annually required to be raised 
by this act, and the cost of prosecution into the county treas- 
ury. And if any town or plantation shall neglect for the spads 
of one year so to appropriate and expend any fine or pen- 
alty, they shall forfeit the same, to be recovered in an ac- 
tion of debt to the use of the person who may sue therefor. 
Each town and Sect. 7. Be U further enacted ^ That the 8ev«*al towns 
Seteraiine 'die &nd plantations, be, and they hereby are authorised and em- 
Um^uTof TCkK)! powered to determine the numberf, and define the limits (c) 
disu-icts; and of school districts within the same ; and each and every 

made corpora- , . , ^ 

tions. school district in this State is hereby made a body corporate, 

§5, vol/ 3, p! with power to sue or be sued, and to take and hold any 
ed Ma* . ^ estate, real or personal, for the purpose of supporting a 
r^J^.^stai. school or schoob therein, and to apply the same agreeably to 
June 26, 1789, the provisions of this act, independently of the money raised 

§ 2, and June , f - , "^ 

18, 1817.] by the town for that purpose. 

School dis- Sect. 8. Be it further enacted. That the inhabitants of 

tricts may •' 

niise^ money any school district, qualified to vote in town affairs, be and 
^ *^P"^" they hereby are empowered, at any district meeting called 



for 
posea, 



{e) 1. Towns may alter the limits of, or sabdivide any existing school dis- 
trict, without being obliged to change the limits of them alt. Richard$ vs. 
Daggett 4r a/. 4 Ma»9. 534. But a town has not power to mak^ snch al- 
terations so far as to destroy the corporation, without its conaeot, nor so as 
to annul or impair contracts made with the corporation. Waidron 4r a/, 
vs. Irftf, 6 PtcAr, 823. See ch. 861, vol. 3, p. 211. 
2. Romford vs. Wood, 18 Mass. 195. 

8. The above ^ 7 is not obligatory on the town of Portland; see ch. 196, 
4 8, vol. 8, p. 20. See also, oh. 861, vol. 8, p. 211. 

4. The power given to define the limits of school districts cat be execu- 
ted only by a geographical division of the town. By naming certain persons 
as composing the district, (the probable intention of the town that the lands 
occupied by those persons should form the district not being ezpreased in the 
town records,) the limiution of the district was held to be intiilid. With- 
ingtan vs. EvtUth, 7 Pick, 106. 



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EDUCATION OP YOUTH. 601 



in manner hereinafter provided, to raise (d) money for the Cu. 117. 
purpose* of ereoting, repairing, purchasing or removing a ^t^T^ 



school house and of purchasing land upon which the same [Mass. stat. 
may stand, and utensils therefor, and to determine where &\\ jJoe 28,* 
the said school bouse shall be erected or located in said dis- ^^'^ 
trict ; and also to determine at what age the youth within and direct as 
such district may be admitted into a school kept by a master l^hoianT***"** 
or mistress, and whether any scholars shall be admitted into 
such school from other school districts. 

Sect. 9. Be it further enacted. That for the purposes ModeofaMM- 
aforesaid, all lands, whether improved or unimproved, shall jj"? •^ «>*- 
be taxed in the district in which they lie ; and the Assessors railed for mp- 
of any town or plantation, shall assess in the same manner as 
town taxes are assessed on the polls and estates of the inhab- ^ * ^ '^ 
itants composing any school district, in their town or planta- 
tion, and on lands lying within the same, belonging to per- 
sons not living therein, all monies voted (e) to be raised by 
the inhidbitants of such district, for the purpose aforesaid, 
within thirty (/) days after the Clerk of the district shall have 
certified to said Assessors the sum voted by the said dis- 

(d) A vote to raiie money may be rescinded by the inhabitants of the school 
district, before the same has been assessed. Pond vs. ^egtu ^ al$. 8 Ma$$, 
980. See onward, note g, 8. 

(e) 1. Assessors chosen after monies have been voted, may make the os- 
sessmeots. Pond vs. JV*ef us Ifr tds* 3 Ma$s» 280. 

2. The district tax may be assessed opoa the valoation of property taken 
in reference to the town taxes for the same year. Waldron 1^ oU vs. Lett 
6 Pick, 828. 

8. Leads of a resident owner in any town ocenpied by his tenants are 
taxable in the school district in whiob the tenant Jivus; and lands in his own 
oecnpatioii in the sebool distriot tn winch the owner lives; notwithstanding 
the diseretion vested in Assessors by a general tax act. Petue vs. Whitney 
t al$. 6 Ma$$. 880. 

(/) 1. If notanessed within <*thirty days*' after the Clerk's certificate, the 
as ses sm ents will not be invalid. Pond vs. AV^iis 4r a/s. 8 Ma$8. 280. 

2. If the assessments be illegally made, the same Assessors, or their suc- 
cessors, may make a second assessment. lb. Or supply omissions — seo 
ch. 887, vol. 8, p. 181. 

8. It would seem from the decisk>n in the ease of Liitle vs. Merrill ^ 
al, 10 Pick. 648, that the act exonerating Assessors from personal liability but 
for their own personal faithfulness and integrity, (see ch. 887, vol. 8, p. 180) 
does not extend to Assessors of school districts in any event. 



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G02 EDUCATION OF VOUTH. 

Ch. 117, trict, to be raised as aforesaid. And it shall bo the duty of said 
'-*"^'"*-' Assessors to make a warrant in due form of law, direct^ to 
one of the Collectors of their town or plantation, nequiripg 
and empowering said Collector to levy and coUect the tax^ 
so assessed, and pay the same, within a tim^ limited by said 
warrant, to the Treasurer of the town or plantation, to whom 
a certificate of the assessment shall be made by the Assess- 
ors ; and the money so collected and paid shall be at the 
disposal of the committee of the district, to be by tbem ap- 
plied agreeably to the vote of their district as aforesaid. And 
such Collector in collecting such taxes shall have the same 
powers and be holden to proceed in the same manner, as is 
by law provided in collecting town taxes (g). 
Powers of Sect. 10. Be it further enacted, Thai the Tre^wver o{ 

towu and plan- jjny town or plantation, who shall receive a certificate of the 
era as to dis- assessment of a district ta$, shall have the same authority to 
trict taxes. q^Jq^qq jh^ Collection apd payment thereof, as of town or 
[lb. § 3.] plantation taxes. And the Assessors of any town or planta- 
of^^^^^ro" tion, shall have the same power to abate such district tax, as 
collectors and th^y jjavc to abate a town or plantation tax. And the Asses- 

treasuitirs. '^ in in 111 ii^i. 

[*508) sors. Collector and Treasurer, shall be allowed by the school* 

district the same compensation for assessing, collecting and 

paying any district tax as they are allowed by the town or 

plantation for similar services. 

Mode of call- Sect. 11. Be itfwther enacted. That it shall be the dth 

ing district fy of thc Selectmen of any town^ or Assessors of any planta- 

meetings. *' " . « . .., 

[lb. § 4.] tion, Upon application made to them in tdnttng, by three or 

(g) !• IfiiAar a tax has baeo rmised and a ioea itd on the inhabitants efa dis- 
trict, part of the distria is set off into another district, the inhabiUnts of sooh 
part roniain liable to pay the tax. WaUbron tjr ah vs. £r««, 5 Pick, 898. 
See Jnglee v$, Bonoorthy ib. 498. 

2. If after a tax has been thns voted, hot before the same be assessed, 
the town set off certain of the inhabitants and form thtaa into a separate dia- 
trict, such iohabitants are not liable to be assessed for the money eo voted. 
Richards vs. Daggett 8f al. 4 Mass 534. See Whittcrnor^ fus. Smith, 
17 Mass. 349; also, § 7 of the above chapter, ante, p. 600. 

3. If after a district has voted to raise money to bnild a school hoBte, and 
before the same be assessed, the limits of the district be altered, the vote to 
raise the money is annalled, and the assessment cannot be legaHy made. 
Richartis vs. Daggett 4r al 4 Mass, 634, See ante, note d. 



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EDUCATION OF YOUTH. 603 

fiMre fr0$h9ld(^0 r^sUiing within any $cko0i distriet, in snch Ch. U7, 

town or plantation^ to issue their warranty directed to one of ^^''^^XT^^,. 

... ». . . , , . [P«rt of § II 

the persons mahMg eueh applteaiumj requiring- Iwn to warn m Uaiios nod* 

the inhabitants cf such district, qualified to vote in town affairs^ sii/§ 's! ^o\, 
to $neet at sueh time and place in the same district as shall in ^475^^^, 
the same warrant be (appointed (^). wSnJ the warning afore* p* ^^*^ 
said shall be by notifying personally every person in the dis* 
trict qualifi^ to vote in town affairs, or by U4wing at his usU' 
al place of abode^ a notification in writing, expressing there- 
in the time^ place and purpose of the meeting, seven days at 
least before the time appointed for holding tlie same : Provide 
ed. That any town or plantation, at the request of such Jii- 
trict, may, at any legal meeUf^ thereof, determine the motif 
mr in which notice of fxUure meetings in sueh district may be 
given (i). Aod such inbabitams bo assembled, may choose Proceedings 
a Moderator, and also a Clerk, who shall be sworo faithfully 
to discharge the duties of his of&oe before a Justice of the 
Peace, or before the Moderator, and it shall be the duty of 
8Qch Clerk to mi^e a fair record (j) of all votes passed at 
aoy nueeting of the district, aod to certify the same when re«- 
quired ; and may also choose a committee to superintend the 
laying out and expending the money raised by such district 
agreeably to their vote, for the purposes aforesaid, to exam- 
ine and allow such accounts as they may think proper, and 
to draw orders on the town or plantation treasury for the 
amowit of the money raised. 

(h) If a person appointed to warn a school district returns that he warned 
the inhabitants, hot withoot stating the time or manner of warning, and the 
inhabitants meet and vote to raise a snn of monej, and this vote is dolj cer- 
tified [see § 9] to the Assessors, they are obliged to assess the tax, and nei- 
ther they nor the town treasarer can inqnire into the irregolarity of the pro- 
ceedings antecedent to the meeting. Saxton vs. J>/imms 4r al, 14 Ma$$. 
816; Waldron ^ al vs. Lee, 6 Pick. 828. 

(i) 1. Where a town has directed the mode of calling the meetings of school 
districts, it is necessary in proving their transactions, to show that sach direc- 
tions have been pursued ; to show that a meeting was held de facto by all 
the inhabitants who were qualified to attend, is not sufficient. Moor v«. JVew- 
field, 4 Olf, 44. 

2. Uttle vs. Merrill & al. 10 Pick. 648. 

( j) Parol evidence is inadmisuble to prove the transactions of a school 
district meeting — the only legal evidence being the record, or an attested 
copy of the record. Moor vs. JVewfield, 4 Olf. 44. 



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604 EDUCATION OF YOUTH. 

Ch. 117. Sect. 12. Be U further enactedy That whenever at any 
s^^^s^^ legal meeting of a school district, called for the purpose of 

When a dw- .. i., - .. % > 

triet refuses to raising money, for the erecting, repairing, purchasing or re- 
lihe"iown"<S^' moving of a school house, or for purchasing land on which the 
rltw^and'wJ ^^^^ ^^Y Stand, or for procuring utensils therefor, a majori- 
dUrtrict wid^ ^^ ^^ ^^® voters present are opposed to the raising of money 
collect it, for any such purpose, it shall be lawful for the Selectmen of 
[Mass. Stat, the town, or Assessors of the plantation in which such dis- 
*[*5b9i trict* is situated, on application in writing of any five or more 
fre'eholders, inhabitants of such school district, to insert in 
their warrant for calling the next town or plantation meeting 
an article requiring the opinion of the town or plantation, rel* 
ative to such subject as proposed in the said district meet- 
ing ; and if a majority of the voters present in such town or 
plantation meeting, shall think it necessary and expedient, 
they may grant a sum sufficient for any of the purposes afore- 
said, to be assessed on the polls and estates in said school 
district, to be collected and paid as is in this act provided. 
If district can- Sect. 14. Be U further enacUd, Tbut when the inhab- 
ITiLr^^ooi >to^^ of any school district cannot agree where to erect or 
**S^ ''select! locate a school house in their district, the Selectmen of the 
men, &c. may town or Asscssors of the plantation to which such district be- 
longs, upon application made to them in writing by the com- 
tcb*5»^i8(k) ™*^®® of the district, chosen to superintend the building or 
§ ^'} purchasing of such school house, are hereby authwized and 

empowered to determine on the place where such school 
house shall be erected or located. [Approved March 15, 
1821.] 

Additional Act, cb. 196, VoK 3, p. 19. 



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REPAIRING OF HI0HWAYS. 605 

Chapter 116. Ch. 118. 

AN ACT directing the method of laying out, and making provision (or the Repair 
and Amendment 4»f Higfavrayis («). 

Sect. 1. ti^ it enacted by the Senate and House of 
Rspresentativesj in Legislature assembkd, That when a new ^Qw^JlJywt 
highway from town to town, or place to place (fr), shall be ^„5^*^J^I 
wantine, or where an hiehway already laid out, stated and «"7. »fter due 

,,., , . . - ,. , notice given, 

established, may or can with greater convenience be turned 

or altered, upon application made to the Court of Sessions ^?^^^^j 

within the same county, and it being determined by them to § 4.] 

be of common convenience or necessity (c) , to have such new 

way laid out, or old way altered, due notice of such applica- 

(a) 1. The regularity of the prooeediogs in the location of a town vray, may 
be conteated in an action of treepasa quare elausum ftegit against the aor- 
vayor who proceeds to open and make it; no eertiorari lying to quash such 
proceedioga. Harlow vs. Pike, 3 Glf. 438. 

2. Rivera and streams above the flow of the tide, if they have been long 
naed for the passage of boats, rafts, &c. are public highways, and like other 
highways are to be kept open and free from obstructions. Berry vs. Carle, 
S Olf, 269. Com. vs. CharUstown, 1 PUk. IgO. 

8. By the location of a way oTer the land ef any parson, the pablic ac- 
qaire an easement, which the owner of the land cannot lawfoUj extinguish er 
unreasonably interrupt But the aoil and freehold remain in the owner, al- 
though incumbered with a way. And every use to which the land may be 
applied, and all the profits which may be derived from it, consistently^ vvith the 
continiianoe of the eaaettaent, the owner can lawfully claim. He may main- 
tain ejeetment Anr tlieland thus incumbered; and if the vray be discontinued, 
he shall hold the land free from the incumbrance. Perley vs Chandler, 6 
Mast. 456 ; Alden vs. Murdoek, 13 Mass. 259 ; Stackpole ^ al, vs. 
Healey^ 16 Jlfoss. 38 ; Robbing vs. Borman if al. 1 Pick. 122. And where 
a li%hway has been discoatmued it cannot be re-established, but by bemg 
laid out anew. Com. vs. Western, 1 Pick. 186. 

4. The public cannot justify turning their cattle upon the highway for the 
purpose of grazing. Staekpole Sf al. vs« Healy, 16 Ma9a. 33. See Rob^ 
bins vs. Borman tf al, 1 Pick. 122. 

6. The proceedings in laying out highways are altered by ch. 500, vol. 
8, p. 845; and by acts passed March 9, 1832, and March 4, 1833. 

(b) The phrase, ^om place io place, vataoa Aon one place in a town to 
anothor place in the same town. Com. vs^ Cambridge, 7 Mass. 158. 

(c) The court must adjudge a way petitionod for to be of common con- 
venience and neceoritjT, previously to laying it out Com vs. €htmmings Ijr 
al. 2 Mass. 171 ; Com, vs. Egremont, 6 Mass. 491. 



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006 RBPAlRfNG OF HIGHWAYS. 

Ch. 118. tion having before such adjudication been given to the towns 
>-^^v-^ interested, the said Court are hereby authorized and empow- 

by committee i i <• . • 

of 3 or 6 free- ered by warrant under the seal thereof, to appoint a commit- 
are toVivrno- tee of three or five disinterested freeholders in the same 
"*^[^*ioi county, to* lay out such highway ; which committee shall 
anOto be under gjyQ seasonable DOtice (d) to all persons interested, of the 
time and place of their moating ; and they shall be under 
oath to perform the said service, according to their best skill 
and judgment, with most convenience to the public, and least 
prejudice or damage to private property. And they shall 
ascertain the place and course of said highway in the best 
way and manner they can : which having done, they or the 
to make return major part of them, shall make return thereof under their 
Court? "^^ hands, to tl)e next (e) Court of Sessions to be held ia the same 
county, after the said service is performed, that the san^ 
(Sec addition- may be accepted, allowed and recorded, and afterwards 
MorvoK^,*^?! 'tnown for a public highway : Provided always^ That if any 
^^1 person be damaged in his property by the laying out or 

[tModified; altering such highway, the townf where the same is, shall 
J^.*3,'^6b; niake such person or persons reasonable satisfaction, acoord- 
vof 3^^' "W^* '°S ^^ ^ estimation of the committee, or the major part of 
them, who laid out the same : and said committee, are empow- 
ered and required, under oath, to estimate the same and 
make return thereof as aforesaid. And if any person shall 
Persons ag- be aggrieved by the (iQijig3 of the said coaunittee in estima- 
^rappiy^^to ^"S dwnages, he may apply to the Court of Sessions, pro- 
next Court for yidcd such application be made to the said Court that shall 

a new commit- * * 

tee, or Jury, be held in the same county next (/) after tlie acceptance of 
such return^ and said Court is hereby empowered to hear 

{d) 1 . The committee mast return specifically, what notice was given to 
persons interested — and the coart is to judge of its sufficiency. Lancaster 
vs. Pope Sf al, 1 Mass. 8C. And they must be sworn. See Com. vs. West- 
borough, 8 Mass. 408. 

2. All the members of the committee most act in laying ont a highway. 
Com. vs. Ipswicht 2 Pick. tO. 

(«> Con. ^1. Bamngloii, 6 Mass. 49a. 

(/) It must not be at an adjournment of the nett term. Comt vs. Ses- 
sions of Noifolk, 5 Mass. 4S5. S^eiariber profifions in ob. 399» § 5, vol. 
8, p. 249; and cb. 599, § 5» vol. 8, p. 847; and Ac^ipaned Mar- 9> 1882, 
ch. 42, §1. 



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RCr AIRING OF HIGHWAYS. 607 

and finally determine the same (g) by a new committee, if the Ch. 118. 
person complaining and the agent for the town in which the ^-^">^*^^ 
highway is laid out can agree thereon, or by a Jury under 
oath, if the person complaining desire the same : which Jury 
shall be summoned and attended by the Sheriff of such 
county or bis deputy, or if he or either of his deputies be a 
party or interested, by a Coroner of said county : and shall 
be selected in manner following, to wit : The officer who Manner of m- 
shall be duly authorized by said Court, shall make application j™"* ***^ 
to the Selectmen of two or more disinterested towns in said 
county, who shall draw out of the jury box of their respec- MarTs, iSw, 
tive towns so many jurors as such officer shall require, not ^ **^ 
exceeding nine from any one town ; and if by accident or 
challenge, there should happen not to be a full Jury, said 
officer shall fill the panel de ialibus circumsianHbuSy as in 
other^ cases. And such officer shall make return of his own [*5ii] 
travel and attendance and that of each juror. And if the Ju- Proceediogior 
ry or committee agreed upon as aforesaid, who are to be un- commUtee^*^ 
der oath, shall not increase the damages, the person com- 
plaining shall be at all the costs (h) incurred on that occa- 
sion, to be taxed against him by said Court, otherwise such Costs how ux- 
costs shall be paid by the county, and the increase of dama- ^eweV lun- 
ges (») shall be paid by the town in which such highway is H^ P*^ 
located. 

Sect. 2. Be it further enactedj That if the right or in- prooewiingi, 
terest of any complainant in, or to the real estate alleged to ^^/iSSlTb 
be damaged by the laying out of such highway shall be deni- diBput«<L 
ed by the town or corporation complained against, the Jury [Mms. stat. 
summoned, or committee agreed on as aforesaid, shall have ^2a ^' ^^'' 
authority to consider and determine such question of right or 
interest so fer only as respects the damages of said complain- 
ant. 

{g) Th« ooort hart no power to award the owDar any thing but monaj 
io eompenaatbo for bit damafea. Oof(». oa. Peten^ a Ma$», 126. 

{h) See note to § 6. 

(t) Far mlM in eatimating damngea, aee Com. vt. Coitmbst 2 Ma$M. 
48^; Com, vs StsnonB of Norfolk, 5 Ma$$ 436; Com. o«. Se$aum$ of 
Middte$ex, 9 Mom. 888; Callender «a. M€if%h, 1 Pick, 418. See ante, 
note a 8, to $ 1. 

Vol. II. 9 



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608 REPAIRING OF HIGHWAYS. 

Ch. 118. Sect. 3. Be it further enacted^ That committees and 
T'^"^"V^^ jurors that shall assess damages occasioned by laying out any 
to owner to highway, shaU give the owner of said land a reasonable time 
&c. ' to take off the wood, timber or trees {j) : and if the owner of 

[seo chf 500, § ^^^^ ^^^^ ^^^ neglect to take off said wood, timber or trees, 
7^ wi. 8, p. within the time set by said committee or Jury, it shall be for- 
feited for the benefit of the road. 
Verdict or re- Sect. 4. Be it further enacted. That the verdict of 

porttobefinal. , - i r , . , 

such Jury, or the report of the committee agreed upon as 
Feb. 27, 1787, foresaid being made under their hands to said Court, and 
^ ^'^ by them accepted and recorded, shall conclude the person or 

persons complaining with respect to the damages. 
Persons injur- Sect. 5. Be it further enacted J That when two or 
severyii** com- ^OTB persons have occasion to apply to any Court of Ses- 
d^nw^^es^^ sions at the same time for joint or several damages occasion- 
ed by the laying of the same highway, they may join in the 
Ma^8, 1808, Same complaint, and their respective claims of damages shall 
^ '^ in that case, be considered and determined by the same Ju- 

ry or committee, and the costs shall be taxed jointly or sev- 
erally as the Court in their discretion may determine to be 
equitable. 
Towns and Sect. 6. Be it further enacted y That if any town or 

corporations Other Corporation shall find tliemselves aggrieved by the do- 
aggrieved may . ^^ . /. i ^ r o • • 
apply for new mgs of* a Committee of the Court of bessions m any county, 

ju^"^^*^ in estimating damages by virtue of this act, such town or cor- 
3^?5^^ "*- poration may apply to said Court, and be allowed a jury or 
[♦512] committee to hear and finally determine their complaint, in 
[Seecb 500, the same manner, under the same limitations and conditions, 
[lb. § 6,1 ^ ^e provided in this act in the case of an individual per- 
son (A;). 

Sect. 7. Be it further enacted^ That when any person 
shall be aggrieved by the doings of a committee in estimating 

(J) Where no time is allowed by the court for each purpose, the S. Comrt 
on certiorari will not presume that any wood, kc, was growing on the land. 
Com, vs, WestboroughiZ Mass. 408. 

{k) Where a corporation, dissatisfieci with the damages reported by a com- 
mittee for laying ont a highway, applies to the Court of Sessions for a jury, 
where the damages are reduced, no costs arising upon such application can 
be taxed for the owner of the land. Com, vs. Carpenter t 8 Mass, 268. 



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REPAIRING OF HIGHWAYS. 609 

damages, and shall apply to the Court having jurisdiction in Ch. 118. 
this behalf, and the town or corporation shall apply in like ^'^^T'^^^^ 
manner, and both applications are or shall be pending before ofiandand 
the same Court, then the same Court may hear and finally de- boXappiy for 
termine both applications, by one and the same jury or com- ry^' uy^oS 
mittee, and not by two several juries or committees : and the ^^J*""*** 
party whose complaint shall appear to have been without just 
cause, shall be at all the costs incurred on that occasion, to [teST^ch. 
be taxed against him by the Court : and the verdict of the *^» \^V^^' 
jury or the report of the committee agreed upon, being made 
under their hands to the said Court, shall be final. 

Sect. 8. Be U further enacted^ That the Court of Ses- 
sions may order the payment of such sum or sums of money Court of Ses- 
as shall be assessed in damages to be paid by any town, in dor payment of 
consequence of this act, out of the treasury thereof : and in ^*°**'*^' 
default of payment after a reasonable time, may levy the same Swe^,^^!*^ 
by warrant of distress upon the personal property of the in- ^^ d«tres«. 
habitants, to the use and benefit of the person or persons to J^eK^, 1787, 
whom the damages may be awarded (l) . § ^-1 

Sect. 9. Be it further enacted. That the Selectmen (m) 

(/) See "An Act giving remedies on Judgments, rendered by Courts of 
County Commissionets; and piescribing the mode of levying executions against 
towns and plantations," passed Feb. 27, 1833, cb. 64; see also, note r, to 
§ 9, of above chapter. 

(m) 1. A vote of the town that the selectmen shall lay out a particular town 
way, is unauthorized and improper, it being the intention of the statute that 
the selectmen shall exercise their own discretion upon the subject Kean v§. 
Stetson, 5 Pick, 492. 

2. It is necessary to the legality of a town way, that due notice be pre- 
viously given by the selectmen to all persons interested in the location; — that 
they make a return of their doings under their hands, to the town ; — and that 
it be accepted and allowed by the town, at a legal meeting, called for that 
purpose. The two latter facts may be proved by the record ; but the return 
of the selectmen is not sufficient evidence of the notice. Where a town way 
has been opened, publicly used, and acquiesced in, the legal presumption 
is, that the owners of the land were duly notified of its location. Harlow 
vs.\Pike, 8 Glf. 438. 

8. The regularity of the proceedings in the location of a town way, may 
be contested in an action of trespass quart elatuum fregit, against the sur- 
veyor who proceeds to open and make it; no certiorari lying to quash such 
proceedings. lb. See Loring vs. Bridge, 9 Mass. 124. 



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610 REPAIRING OF HIGHWAYS. 

Ch. 118. of the several towns in this State, are hereby authorized and 
^-^"^^•"^-^ empowered, either personally or by such pennon or persons 

SeiccUnen may t «^ n • i • *• i 

lay out town as they shall appoint, to lay out town or private ways for the 

an ^fuivato ^^^ ^^ ^^^^ ^^^^^ Only, or for one or more individuals there* 

[lb. § 1.] Qf^ Qj. proprietors therein ; but no such town or private way 

to be approved shall be established until the same has been reported to the 

by the town. . . . * 

town at some public meeting of the inhabitants held for that 

Towns may purpose, and by them approved and allowed (n) . And any 

aiter*°uch^ ^ ^^^" ^^Y ^'^^'' (^) ^^ discontinue any town or private wt^ 

"^y^- when it shall appear that the same is unnecessary for the in- 

t*513] habitants of such* town. And if any person or persons who 

persons injured are owners(p) of the land through which such way shaU be laid 

agree! by «- 0"^, be injured thereby, he or tliey shall receive such recom- 

OTich^DerJoii P^usc as the party injured and the Selectmen {q) shall agree 

or settled by upon, to be paid by the town or person or persons for whose 

use the said way is laid out ; or in case of disagreement, as 

shall be ordered by the Court of Sessions upon an inquiry 

into the same by a special committee, if the parties agree 

thereto, or by a jury to be summoned and selected in the 

(n) 1. The laying out by the aelectmen mast be recorded before offered for 
acceptance by the town. Com' vs. Merrick, 2 Mast. 629. 

2. A record of the establishment ofa town way cannot, it seems, be pre- 
sumed from a use of it. Com vs Low, 8 Pick. 408. See onward, note c, 
2, to § 17, of this chapter. ' 

3. The acceptance ofa town way should take place at a town meeting, 
tailed for that parpose after the laying oat, and by a warrant containing no- 
tice that the report of the selectmen in regard to the way laid out by them b 
to be ooDsidered at sach meeting. K'eah ts. Stetson, 6 Pick. 492. 

4. Whero a town way has been laid out by the selectmen and approved 
by the town, it is immediately a way, although the party aggrieyed has a time 
allowed in which to apply for a discontinuance. Craigie vs. Mellen 8r ah. 
6 Mass. 7. 

(o) Establishing an alteration in a highway is in law a discontinuance of 
the part altered. Com. vs. Westborough, S Mass. 406; Com. vs. Cam- 
bridge, 7 Mass. 158. 

(p) Any person having an interest in the land, either as lessee for years, 
tenant for life, or for any greater estate of freehold, as also he in reversion or 
remainder, is an ownor within this provision. Ellis tr «'■ vs. Welch, 6 
Mass. 251. 

(7) The selectmen are not to estimate the damages in such case, but if 
they nnd the owners of the land cannot agree on the amount, the latter most 
apply to the Court of Sessions. Craige vs. Mellen tf als. 6 Mats. 7. 



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REPAIRING OF HIGHWAYS. 611 

naanoer prescribed by the first section of this actf . And such Ch. 118. 
committee or jury shall assess damages for the injured party ^'^^T^ 

u-i/Nui- r rtApplication 

to be paid (r) by such town or person or persons as afore* for damage to 

. , he made with- 

said. in 12 monthf ; 

Sect. 10. Be U further enacted, (t) That if the Select- ^rof '»!^.' * 
men shall unreasonably dday, or refuse to lay out or cause to i/^J/^e<m#n 
be laid out, any such private way, as before described, being '•'j^^^'^f*^ 
thereunto requested in writing by one or more of the inhabit- way, what pro- 
ants or proprietors of land in such town, then the Court of had.'°^ 
Sessions for the same county, at any session thereof within r||, ^ 2.] 
one year, if the request appear to them reasonable, may cause 
the same privi^e way to be laid out at the cost of the persons naMed 

applying, by a committee of three disinterested freeholders, Mar. 4, I888, 
which committee shall estimate the damages occasioned there- 
by (if any there be) as well as ascertain the place and course 
of the said private way (t) ; the damages to be paid by the 
town, if it be of general benefit, otherwise by the person or 
persons for whose use and benefit the way is laid out ; and the 
Justices of the respective Courts of Sessions upon applica- 
tion to them made by any party aggrieved at the continuance 
of any private way, may order and direct a discontinuance 
thereof, after notifying and hearing the parties interested 
therein, if they shall tliereupon adjudge and determine such 
discontinuance reasonable. 

Sect. 11. Be it further enactedj That when any town if lonmt re- 
shall unreasonably delay or refuse to approve and allow of any nnreatonabij 

(r) The damages being deterioined, ma^ be recovered by action of debt, 
at any time after thirty days succeeding a demand. See ch. 899, § 6, vol. 8, 
p. 290. Bot by ch. 500, § 7, vol. S, p. 848, the time when the damages 
shall be paid is to be determined by the oonrt^ bat not to eieeod three years 
from the assessment thereof. 

{$) 1. Under die provisions of § 10, it wm competeot for the Coort of Ses* 
sions, to impose as a condition on granting the prayer of a petition for a new 
highway, that the expense of its location should be borne by the petitioners. 
Patridge vs. Ballard fy al 2 Glf. 60. 

2. The petitioftefs in such eese are not bomd to caase the road to be laid 
oat Jb* See Com. o#. Sawm ^ al.2 Pick. 647. 

(t) The town most be notified before any proceedings are ha^ by the 
Court of Sessions. Com. vs. Mettalft 2 Mass, 118; Com. vs. Shtldon, 
8 Mass. 188. 



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6 1 2 RfiPAtRINQ OF HIGHWAYS, 

Ch. 1 ] 8. private way laid out bj tbe Selectmen thereof or their order , 
^■^""^^^^ and put the same on record, any person or persons aggrieved 
each ways, &c. by such delay or refusal may apply to the Court of Sessions 
SJ^hOTsof.^ *" for the same county, within twelve months after such refusal 
[lb. § 8.] ^^ delay ; and the same Court after hearing the town thereon, 
[*514J may accept and approve of the said private way,'* as laid out 
by the Selectmen, and direct the same to be recorded in the 
town book ; or they may order the private way petitioned 
for, to be laid out by a conmiittee of three disinterested free- 
holders to be by them appointed for that purpose, which com- 
mittee shall be under similar directions and obligations as to 
locating and estimating the damages occasioned thereby, as 
in this act is prescribed for a committee in locating or alter- 
ing a county highway. 
Court to allow Sect. 12. Be it further enacted, That when any new 
I^Tfor' o n- highway shall be laid out and accepted by the Court of Ses- 
jn?^*»'^^y» sions, a reasonable timef shall be allowed to the town through 
ing.3vean;9ee which such highway shall lead to make it passable, safe and 
vol. 8,p 3^.] convenient for travellers and others passing with their teams, 
tcbf^^ra? waggons, or other carriages : Prcmded, That such time ^all 
§ ®1 not exceed twelve months from the time of such acceptance ; 

12 monthfl, im^ unless such Court shall for reasons specially given, order a 
' ^^' longer time. And if any town shall neglect their duty in that 
fit^*ib2ir du^" ''aspect the said Court, on application therefor, shall appoint 
proceedings to a Committee of three disinterested freeholders in the same 

be l»ad. . /. 1 . 

county, to enter into any contract or contracts for making 
such new highway passable as aforesaid, the expense of which 
shall be immediately afterwards defrayed by the delinquent 
town, and in default thereof, the said Court shall issue a war- 
rant of distress against such town. 
All highways Sect. 13. Be it further enacted, That all highways, 
to^kept m ^^^^ ways, causcways and bridges, (tt) lying and being within 
the bounds of any town, shall be kept in repair (y) and amend- 

(ti) Th« selectmen of any town arc anthorized to prohibit any person from 
riding or driving at a pace faster than a walk over any bridge covered with 
plank for the length of fifty feet; such bridge being part of a highway t town 
way within the limits of such tqwn. See act,pa8$ed Feb, 20, 18S3. 

(«) An indictment against a town for neglect to repair a highway, mnsi 
allege the offence contra forma $tatui or it will be qnasheci. Com* Ojt. 
Springfield, 7 Man* 9. See act, March 5, 1882, oh. 27. 



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REPAIRING OF HIGHWAYS. 613 



ed from time to time, that the same may be safe and con- Ch. 118. 
venient for travellers with their horses, teams, carts and car- ^.^^'''C^ 

' ' [Masa. Stat. 

riages, at all seasons of the year, at the proper charge and Mar. 6, 1787, 
expense of the inhabitants of such town (where other suffi- 
cient provision is not made therefor) and there shall be chos- 
en two or more suitable persons, in each town, at the annu- h^^^\^ 
al meeting in March or April, who shall be denominated sur- ^Jj^ ^'^ 
veyors (to) of highways, to be notified and sworn in like man- 
ner as other officers of the same town, and in case of refusal 
to serve shall forfeit and pay the sum of ten dollars, to the 
use of such town : Provided no person shall be held and oblig- g^jedrocn ^ 
ed to serve more than one year in three years. And it shall be aaeign limits 

to MirTeyori. 

the duty of the Selectmen of the several towns within this r»5i5] 

State, before* the first day of May annuaUy, to assign (x) in 

writing, to the several surveyors, their divisions and limits 

for making and repairing the highways, which assignments 

the said surveyors are directed to observe ; and whenever 

any town shall elect the Selectmen surveyors of highways, 

they shall be authorized to delegate said power in writing to 

such person or persons as they may deem proper. And each mo^ for*r^ 

town, at some public meeting of the inhabitants thereof, reg- P«^»ng««^»J 

ularly notified and warned, shall vote and raise such sum of [^- § ^-l 

money, to be expended in labour (y) and materials on the ^^^„ ^ y^j^^. 

highwaysf, as they shall determine necessary for the purpose. ?4"^^3 * 

And the Assessors shall assess the same on the polls and rate- ^1 

able estate, personal and real, of the inhabitants, residents ^ ^Siw^own^ 

and non-residents of their town, as other town charges are by c**^*^®*- 

(to) A larveyor cannot employ persons to labor at the expense of the 
town , withent the consent of a majority of the selectmen. Hcukell vs. JSTnox, 
8 Off, 445. See onward, note b, to § 16. 

{x) This provision is only directory; and the powers of sorveyors do not 
depend on its execation; and if no assignment is made, perhaps the snryey- 
ors must act together, or by the Toke of the major part of the whole. Cal^ 
Under us. Marsh, 1 Pick. 418. 

{y) 1. This cannot be assessed as a money tax. Libby vs. Burtiham fy 
ah. 15 Mass. 144. See act, March 5, 1882, ch. 27, § 2. 

2. By ch. 427, vol. 8, p. 269, an abatement not exceeding three dollars 
may be made in the highway tax of any person who shall exhibit to the As- 
sessors satisfactory evidence of his owning and exclnnvely using on the p«b- 
lie roads, cart wheels having rims seven inches in vridth. 



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614 REPAIRING OF HIGHWAYS. 

Ch. 118. law assessed, and deliver to each surveyor a list (z) of the 
^■*'"^^"^-' persons and the sums at which they are severally assessed for 
Two thirds to ^^^ limits ; and two thirds of the sum at least which shall be 
he expended agreed upon and granted by any town for making or repair- 
ing the highways, shall be laid out and expended for that pur- 
pose before the first day of July next after enrantine the same ; 

Surreyorto *^ , , u ii • ui • /• • • -r 

notify those in and the surveyor shall give reasonable notice (m wntmg if 
IS istnct. desired) to each person in his list of the sum he is assessed 
to tlie highways, and also to the inhabitants within his dis- 
trict assessed as aforesaid, forty-eight hours notice, (extraor- 
dinary casualty excepted,) of the times and places he shall 
appoint for providing materials and labouring, to the end each 
person may have opportunity to work on the highways in per- 
son or by his substitute, or with his oxen, horses, cart and 
plough, at the rates and prices the town shall afiSx to such la- 
bour, to the full amount of the sum at which he is assessed, 
or he may pay the surveyor in money the sum be is assessed, 
in which case the surveyor shall carefully expend the sums 

To clear roads ^^"9 P^id, in labour and materials for repairing the highways 

^ww"^ "^^^ '" ^^^ limits, according to his best discretion. And when the 
highways are blocked up or incumbered with snow, the sur- 
veyor shall forthwith cause so much thereof to be removed 
or trodden down as will render the roads passable, and in 

and repair such Way and manner as the town shall direct at tlieir annual 

bridges, &c. , ii.. a*i i»i 

■nddeniy injur- mcctmg ; and m case of any sudden mjury to bridges or hign- 

[•516] ways he shall, without delay cause* the same to be repaired. 

]^«^nf to Ac ^^ ^^ surveyor, at the expiration of his term, shall render 

ih"^" f"h* ^^ ^^® Assessors for lime being, a list of such persons as shall 

term. have been deficient, (if any such there be,) in working out 

Deficient suins their highway rate, or otherwise paying him the sum assessed 

in neso^^sess- therefor ; which deficient sums shall by the Assessors be put 

m«^ of town jjj ^ distinct column, in the next assessment for the town tax, 

and collected by the Constable or Collector thereof, as other 

town taxes are collected, and paid into the town treasury for 

the use of the town. 

Power of sur- Sect. 14. Be it further enacted j That the surveyors, 

JSrSi^olT" thus chosen and sworn, shall have full power and authority to 

(s) "On or before the ilrat day of Jone.'* Act passed Feb* 29, IMt. 
eh. 21. 



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REPAIRING OP HIOHWATS. 615 

cut down, lop off, dig up and remove all sorts of trees, buah* Cb. 118. 
es, stones, fences, rails, gates, bars, inclosures, or other mat- ^"^T^"^' . 

. 7 7 o 7 » ' ^ rtnictiow and 

ter or thing that shall any way straiten, hurt, hinder, or in- obuining ma- 
commode the highway, and also to dig for stone, gravel, clay, 
marie, sand or earth, in any land not planted or inclosed, and [Mam. stat. 
the materials thus dug up to remove to such place or places § i.'] 
In the highways, for the repair and amendment thereof as 
they shall determine necessary (a) . Provided always^ That ptotim, limit- 
no surveyor of highways shall cause any water course occa- >ng^^j"^«yo'f'« 
SLoned by the wash of any highway to be so conveyed by the 
side of such highway as to incommode any person's house, 
store, shop, or other building, or to obstruct any person or 
persons in the prosecution of his or her business or occupa- 
tion, without the iq3probation and consent of the Selectmen 
of such town or other place signified in writing to such sur- 
veyor : and any person or persons who may consider him or 
herself to be aggrieved by such water course, may complain 
to the Selectmen of such town or other place : and the Se- 
lectmen on receiving such complaint, shall proceed to view 
such water course so complained of, and after attending to 
the circumstances of the same, shall if they think it reasona- 
ble, direct such surveyor to alter the said water course in 
such way and manner, as they shall think just and proper. ' 

Sect. 15. Be it further enacted y That when the sum when ram as- 
appropriated and assessed for the repair of the highways, in Bofficient^duty 
the limits of any particular surveyor shall not fully answer, or *°^ p**^*' ^^ 
be insufficient for that purpose, it shall be lawful (6) for the [ib. § 4.] 
surveyor,* with the consent of the Selectmen, or the major t**l'M 

(a) Under Uiis general authority, a Borveyor may dig down, or raise a 
0Creet; and if hedoai it with diseretion and not wantonly, a party injared 
cannot maintain an action agaiaat him, nor it aeems against any other penoB. 
Callendtr vs. Marsh, I Pick. 418. To repair moans probably to replace 
or remake; bat the word amend ia broad enough to cover any thing which 
may tend to make tbe road better. Ib, 429. See Thurston vs. Haneoekf 
12 Mass. 220. 

(d) This daty is enjoined on tbe surveyor in all cases where the town has 
not made provision for effectually repairing the highways withm hb district 
Wood vs. Waterville, 6 Mass. 298. . But a surveyor of highways has no 
authority to repair a way at his own expense and then to call upon the town 
for indemnity. Jones vs. Lancaster, 4 Pick. 149. See ante, note to, to 
§ 18. 

Vol. II. 10 



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616 RBPAIRING OP HIGHWAYS. 

Ch. 118. part of them, where such deficiency happens, to employ such 

v'^^^Hr ®f ^® inhabitants of the town, upon the repair of the ways 

veyor raMnet- in his limits, 83 shall make up that deficiency : and the per- 

cd * BCD ch SdO j> 

§ 2, vol. 8, p! sons thus employed shall be equitably paid out of the town 
'^^ treasury therefor, or the town may authorize the surveyor to 

agree with the persons employed, that for such labour they 
shall be allowed on the next highway tax, or otherwise com- 
pensated, as the town may have prescribed. 

Sect. 16. Be it further enacted j That every town may 
SoHmtot^- ^^ ^^^^^ annual meeting, or any meeting warned for that pur- 
co«tracte"for* P^^c, authorize their surveyors, or any other person or per- 
repair of high- gous to enter into any contract or contracts for making or re- 
pairing the highways within the same or any part thereof; 
Feb. 2», 1797, and may also empower their surveyors of highways to collect 
' "^ taxes for making and repairing the ways which shall not 

^J^Btc!^^ be paid in labour or otherwise within the time limited by 
law, or such periods as may be agreed upon by such town, 
and for that purpose the Assessors shall deliver to them 
ddS^" ISS^ warrants of distress which shall be in the form prescrib- 
▼eyors, war- ©J fcy law for Collecting other town taxes, mutatis mutan- 

rants of dw- '^ , 

tress, or to col- dis ; or they may deliver to the Collector or Collectors of 
es. " taxes a warrant for collecting the deficiency in any highway 

tax which the Collector is hereby empowered and required 
to levy in the same way and manner as other taxes are by 
law to be collected, and pay the same over to the surveyor 
or surveyors, who shall be held to account with the Select- 
Money onex. nien for the expenditure thereof. And if any money shall 
^tdlnto town re^iain unexpended in the hands of the surveyor or survey- 
^'^•''"y' ors after the expiration of their office, they shall pay the same 
to the town Treasurer. And if any surveyor shall neglect to 
Penalty for pay over such sums to the said Treasurer upon demand, the 
kcTing^to^^y said Treasurer, or his successor in that office, shall have 
WW sorpkis, pQ^g,^ ^Q recover the same, in an action upon the case, with 
twenty per cent, m addition thereto, to the use of the town, 
with costs of suit : and if pending the action, another town 
Treasurer shall be appointed, he, on noting his appearance 
on the record, shall have power to pursue the same action to 
final judgment and execution. And if any surveyor who shall 
[^18] receive his rate bill of the Selectmen or Assessors of any* 



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REPAIRING OF HIOHWAYS. 617 



town shall neglect to exhibit the same to them on the first Cli. 118. 
Monday of July annually, and also a 
term for which be shall be appointed, 



Monday of July annually, and also at the expiration of the ^^^^j^^ 

d, and at those times res- to «diibithis 



pectively to render an account of all monies that hare been lectmen in Ja- 
' expended on the ways, he for each offence shall forfeit and *^ *°°"***y- 
pay twenty dollars, to be recovered in an action of debt with 
costs of suit by the said Treasurer to the use of the town. 

Sect. 17. Be U further enacted^ That if any person Coootiei and 
shall lose a limb, break a bone, or receive any other injury ^^Xmagetto 
b his person, or in his horse, team or other property, through Er*^!^^ 
any defect (c) or want of necessary repaif and amendment of k«<J«- 
any highway (c^, causeway or bridge ; the person or persons rMaae. stat. 
injured thereby shall and may recover of the county, town, $ 7.] ' ' 
the person or persons who are by law obliged to keep the 
same highway, causeway, or bridge in repair, in case they 
bad reasonable notice (e) of the defect, double the damages 

(c) 1. A town is DOt liable io any form, for the deficiency of a road, nnleai, 
by regular legal proceedings, or by usage and acquiescence for a sufficient 
term of time, tbey buve aoqaired the right to enter upon the land, and make 
and repair the roftd. Totkl vs Rome, 2 Qlf, 55. 

2. Soeh we and aeqaiesoeBce for twenty years, and perhape for « shorter 
period, may be considered sufficient to give a town a right, and subject them 
to liability to repair, and to its legal consequences. lb. But in Cam, vs. 
Lata, S Pick. 408, it was held, that exclusive and uninterrupted use by a 
town for tweaty years unexplained is evidence of a grant; but such way will 
be ft private way, sad a iraisanee on it will not be indictable. See ante, note 
n 2, to § 9; also. Com. vs. Charlestowrit 1 Pick. ISO. 

8. No action at common law lies against a town for damages sustained 
through a defect in the highway in said town. Mower es. Leicester, 9 
Mass* 248. See Cam. vs, Springfield, 7 Mass, 9. 

4. A traveller, in order to recover damages in such case, for loss caused 
by a deficiency in a road, is not bound to look far ahead in order to guard 
against obstructions which ought not to be suffered to exist Thompson ps, 
Bridgewater, 7 Pick. 188. 

5. Towns are liable under this provision fur injuries occasioned by large 
stones left in the road, as well as for those occasioned by any defect in it — 
Bigelauf vs, Weston, 8 Pick. 267. 

(</) This term includes town-way. Jones vs, Jindover, Pick^ 59. 

(c) I. Tb an Action lor such injury, it is not necessary that the surveyor or 
selectmen had notice ef the existence of the nuisance, if it were seasonably 
known to other inhabitants of the town. Springer vs. Bowdainham , 7 €Hf. 
442. 



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618 REPAIRING OF HIGHWAYS, 

Ch. 1 18. thereby (/) sustained by a special action of the case, before 

^•'^'^^^^ any Court proper to hear and determine the same : and if the 

J'^loUT^ life of any person shall be lost through the deficiency of the 

way, causeway or bridge, or for want of rails on any bridge, 

the county, town, or persons who are by law obliged to re- 

„ . pair and amend the same, shall be liable to be amerced in the 

ModoofrecoT* 

cry. sum of three hundred dollars, to be paid to the executor or 

administrator of the deceased for the use of his heirs, upon a 
conviction before the Circuit Court of Common Pleas, or 
Supreme Judicial Court, on a presentment or indictment of 
the Grand Jury. 

Sect. 18. Be it further enacted^ That in case the in- 
When towns habitants of any town shall be fined upon the pres«itraent of 
bad rSds fir- ^® Grand Jury, or upon the information (g) of the Attorney 
veyor. in whose General, Or the person acting for the State in his absence, 

district it lies, ^ _ ' .,1.1 1 • i_- 1 

answerable to lor a deficiency m the highways, the surveyor, within whose 
limits the deficient ways are, shall be liable to refund the 

1 ' ^ ^^'^ same, witli all costs, to the said inhabitaQts, upon an action 
of the case to be brought therefor, or the surveyor of high- 
ways*' may be prosecuted on presentment or information as 
aforesaid, and fined for any deficiency that may arise in his 

provided the ^^"^'^^ * ^^^videdy Such deficiency shall arise from the negli- 

feiUt or neglect gence of the surveyor in not duly expending the money in his 
bills, or in not giving notice of such deficiency to the Select- 
1*519] men in* case the sum raised for the repair of the highways 
by the town, shall be found insufficient for that purpose. 

2. What IB reasonable notice to a town, of the existence of a nuisance in 
the highway, is a qacstion of law. lb. 

8. A sunreyor of highways may recover damages happening to him, 
against his town, through a defect in the highways within in his own district, 
unless the defect arises from his own neglect. Wood vs. Waterville, 4 
Mass. 422. But if the defect is attributable to his own neglect, it will be 
otherwise. Sams vs. Same, 6 Mass. 294. 

(/) In such case the jury are to assess single damages,and the court double 
them. Lohdell vs. JSTew Bedford, 1 Mass. 153. 

(g) 1. Towns are punishable by information for not opening public highways 
newly laid out, as well as for not keeping them afterwards in repair. State 
vs. Kittery, 5 Olf. 264. See ch. 600, § 7 & 9, vol. 8, p. S48 : alko, eh. 
870, § 8, vol. 8» p. 228, & ch. 462, vol. 8, p. 296, 

2. When a town is fined for the repair of a highway, the Clerk of the 
Court is required to certify the tame to the aaseisori of such town, by ch. 
800. § 4, vol. 8, p. 141. 



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RCPAIRING OF fflOHWAYS. (519 

8»0T. 19. (BepoJad; tee Act |MMid Feb. 27, 1882, ck. 17. Ch. US. 

It authorized towns having a population of eight hundred, to raise money for s^rs^^^^^ 
making and repairing highways, and to assess it on the polls and estate, real 
and personal of the inhabitants, residents and non*residents.] 

Sect. 20. Be it further enactedj That all fines impos- 
ed by the Supreme Judicial Court, or by the Circuit Court be expended, 
of Common Pleas within this State, or any town for any neg- [Mass. Stat, 
lect in making or repairing any highways or bridges within §*i *j^' ^ ^ ' 
the same, shall be appropriated and disposed of, for the mak- 
ing and repairing the highways and bridges so defective as 
aforesaid (h) . 

Sect. 21. Be it further enacted. That the Supreme Ju- _ 

/ . *■ Courts to ap- 

dicial Court or the Circuit Court of Common Pleas shall, at point agents to 
the session when any such fine shall be imposed as aforesaid, ^'^tbn and 
appointf one or more person or persons to superintend the g^"****"^ ^ 
collection and appropriation of the same for the purposes afore- .j^^ - g i 
sard : whose duty it shall be to attend to the collection of ,.^ , v^ 

. . . . f tSee ch. 300^ 

such fine, and the appropriation thereof in manner aforesaid ; $ 6, vol. 8, p. 
and shall make return of bis or their doings therein to the 
Court, that may have imposed said fine, whenever thereto by doings.^ 
them required. 

Sect. 22. Be it further enacted^ That the inhabitants pi^^j^aUons to 
of plantations who are or shall be empowered and required to have the same 

, , / , / powers and li- 

assess taxes upon themselves towards the support of govern- abilities as 
ment, or for defraying the charges of iny county, shall be gJd'to* high- 
vested with like powers, be under the like obligations, and ***^* 
liable to like penalties, so far as such powers, obligations and l?*.*^^,^' 

, . , , . , ,. . . , Feb. 28, 1797, 

penalties have any relation to the making, repairing or amend- § i-l 
ing the highways, and for compensating any individual* who [*5M] 
may suffer damage by laying out any highway as the towns 
within this State have, are under or subject to ; and like pro- ... ^^^^ 
ceedings shall be had by and against such plantations as may ings to be had 
be had by or against said towns, in every case respecting the to. 
highways, mutatis mutandis. And the Assessors of such plan- 
tations shall be held to perform all the duties required of the 
Selectmen of towns relating to highways and invested with 
the same powers. 

{h) The Assessors are required to assess such fines npon the polls and es- 
tates of sach town, in same manner as town taxes are assessed. Seech. 
800, § 4, vol. 8, p. 141. 



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620 REPAIRING OF HIGHWAYS. 

Ch. 118. Sect. 23. Be itfwihtr enacted, That all higfawajs laid 
v^»-v-w/ out or hereafter to be laid out through any tracts of laud in 
through^unin- this State, DOt Comprehended within the bounds of any incor- 
^Mobe nuuie porated town or plantation aforesaid, shall be made passable 
M^npeired^ and Convenient for travelling and kept in good repair by the 
proprietors, owners Or proprietors of the said tract of land, township or 
[lb. § 2.1 plantation, unless in the judgment of the Court of Sessions 
unieM Court of for the countv in which such lands lie, it may be deemed un- 

SessioiM deem , . 

itanreaMnsbie: reasonable ; in which case the same shall be done at the ex- 
Proceeding Id pense of the county, or partly at the expense of the county 
"^ *^**'* and partly at the expense of the proprietors,! as the said Court 
[fSee act pass- shall Order. And all the proprietors or owners of such tracts 
1888, cL. 79! of land, townships or plantations last mentioned, shall be held 
5 ^-1 to pay their proportion, according to their interest of all cost 

and expenses of making and repairbg the ways aforesaid 
through any part of the tracts, townships or plantations last 
Proviso as to mentioned : Provided neverthele98, That all lands reserved for 
Si^*&c!* ^^® "^® ^^ ^® ^^' settled Mbister, the ministry, schools, or 
for the future appropriation of the Legislature in the said tracts^ 
plantations and townships last mentioned, shall be, and here- 
by are exempted from all taxes for making and repairing high- 
ways therein. 
,. - Sect. 24. Be it further enacUdU), That the Courts 

Oo application , , "^ ^ '' 

to Court of of Sessions in the several counties in this State, whenever 
out such road, applicauon shall be made to them to lay out aaj new highway 
[lb. § 3] through any such tract, township or plantation last mention- 
ed, or for an order thereof to amend and repair any highway 
I.T • . t^ already laid out in the same> the said Court shall cause notice 

Notice to be ^ ^ ', , 

given by news- thereof to be glvcn, by publishing the substance of such ap- 
^^ ' plication three weeks successively in one of the newspapers 

printed in the town of Portland, and such other paper as the 
[•531] said Court shaU direct, in order that* the proprietors of said 
lands may appear before said Court, at such time as the Court 
shall therein prefix, and show cause why such highway should 
not be laid out or amended, as the case may be. And if such 

On defaak,dcc. . , , , i_ • /. . 

of proprietors, proprietors Qo not appear and snow cause, to the satisfaction 

(i) The aathority given to Court of Sessions, by § 24, to makeassesuDents, 
&c. relates only to highways laid oat by the order of such courts. Joy vs. 
Coy. of Oxford, 8 Glf 131 . 



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REPAUUNO OF HIGHWAYS. 621 

of said Courti that mch hi^way ought not to be laid out or Ch. 118. 
made, or amended at the expense of said proprietors, then ^^Jj^lJ""^^ 
the said Court may proceed to ky out such highway in the out road and 
manner prescribed by law, and to order the same to be made lands, fcc. 
or amended at the expense of the said proprietors, as the case 
should require ; and shall cause an assessment to be made on ^^^ of aMet- 
such tracts of land, township, or plantation, at so much per "«»«• 
acre as thty shall judge necessary for making or mending such ^gee act pan- 
hi^n^ay and defraying the necessary expense attending the ^.*79['§'i^* 
same ; and the proprietors of the said tracts, townships, or 
plantations last menUoned, ^Hiere the lands therein are held 
in severalty shall be severally assessed their respective pro- 
portions in every tax which may be ordered for making or re- 
pairing the highways therein: Pravidedj Such proprietors 
shall previously furnish said Court with proper documents for 
that purpose ; and the Treasurer of the county wherein the county treas- 
land so assessed may lie, shall forthwith cause such tax to be ^^ ^ *<^^«'- 

^ ' tise the tax : • 

advertised in manner aforesaid, requiring each and every own- 
er or proprietor of any part of the tract, township or planta- 
tion last mentioned, to pay said tax ; or if the assessment is 
made in severaky, his part thereof to said Treasurer within 
six months from the first publishing said adverUsement, and to be Midland 
noti^^ snob proprietors, that unless the same shall be paid JH^^J^IJ,^] 
within the time specified, so much of the said land will be »"? *»»« ^^ 
sold at public vendue, at a certain day and place in the said 
advertisement to be expressed : And when any proprietor or 
owner of any part of such tract, township or plantation last 
mentioned, (the parts thereof not being severally assessed) 
shall pay hb proportion of such tax, he shall take a receipt 
therefor, describing the land for which he shall pay such tax, 
and so much of the remaining part of such land for which said 
tax shall not be paid before the expiration of the said six 
months, shall be sold by the Treasurer aforesaid, or his suc- 
cessor in office, or such committee as the Court of Sessions 
aforesaid shall* appoint for that purpose, at the time and place [•533] 
set forth in the advertisement, as may be necessary to pay the 
remaining part of said tax, with incidental charges. And the vendu^may !» 
said Treasurer or committee are hereby auUK>rized to adjourn »Aio«""»<^- 
the time of sale of such land firom day to day, if he or they 



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622 REPAIRING OF UIQHWAYS. 

Ch. 118. shall judge it necessary, not exceeding three days, and make 
^-^^-^^^■^ a good and sufficient deed or deeds of such lands, allowing 
the same time of redemption, and subject to the payment of 
the like interest as is by law allowed in the cases of land sold 
for taxes ; and the money so raised shall be applied by said 
Court, or by a committee to be by them appointed for that 
Similar pro- purpose, to make and repair said highways : And a similar 
b^foPri^i^ method shall be taken from time to time by said Court for 
"f J^*^** *"^^' keeping in repair all highways leading through such tracts, 
townships or plantations last mentioned, in case the owners 
thereof shall neglect to keep said highway in sufficient repair. 
Proprietors of ^^ ^^^ owners and proprietors of any such tract, township 
•uchiands,inay or plantation last mentioned, are hereby authorised to call 
raise money, meetmgs for the purpose of raismg such sums of money as 
they may judge necessary for making and repairing such high- 
ways, and for choosing officers for assessing and collecting 
the same. 

Sect. 25. Be it further enacted^ That it shall be lawful 

may remove ^^^ ^^Y P^^^on to pull dowu and removc any gates, rails, bars 

Duiiances in or fence upon or across any highway or county road, unless 

such gate, bars or fence have been erected or continued by 

Mar. i, 1737, the leave and license of the Court of Sessions for the same 

^ '^ County ; and if any such incumbrance be in or across any . 

private way, the same may be removed by the order of some 

Justice of the Peace of the same county, unless the gate or 

bars were erected or continued by the leave of the town or 

the person or persons for whose particular use and benefit the 

private way was laid out : And any person aggrieved by the 

Anyp«»onag- removal of such gate, bars or fence, shall be relieved at the 

grieved by such /• • i* i_ 

removal may Court of sessions for the samc county ; if upon examination 
•totl, it shall appear, that the same were erected or continued by 



license or leave, as aforesaid. And when any logs, lumber 
Dotyofrorvey- ^^ Other obstructionsf* shall, by any person be unnecessarily 
obstroctbSTIn P'*^®^ ^^ ^^^^ ^° ^"7 highway, it shall be the duty of the sur- 
higbway^ veyor within whose limits the same may be''^ so placed, or 
[tSee addi- left, or in his absence, of any other surveyor within the town 
ch."Swi^oiTJ forthwith to remove the same : and the person so removing 
p. 841.] ij^g swxie shall not be liable for any loss or damage happening 

thereto by such rempval, unless such loss or damage was oc- 



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ItEPAIRINO OF HIGHWAYS. 623 

casioned hy gross negligence or design : and on conviction Ch. 118. 
of any person of having obstructed any highway in manner p^T"^^^ 
aforesaid, before any Court of competent jurisdiction, he ■trocting high- 
shall bd punished by a fine not exceeding five dollars to the Serf &c^ 
use of the State, and double the expense of the removal of 
such obstruction, to ther use of the person who shall have re« 
moved the same, or such person may recover the double of 
such expense to his own use in an action on the case : Pro* p^^j^ „ ^^ 
vided nevertheless^ That nothing in this act shall be so con- ?««»• ■«^ ."P 

, " for preTenting 

strued as to give power to any surveyor or other person to spread of infec- 
remove or pull down any fence which may be lawfully set up ^**"" *"' 
or erected upon or across any way for the purpose of pre- 
venting the spreading of infectious disorders. 

Sect. 26. Be it further enacted. That when any build- Buildings, foil- 
ing, fence or other incumbrance, erected or continued on ^ia^^uS 
any town or private way, or on any public highway, a com- «»<»«%<>»«» 
mon training field, burying place, landing place or other piece ^' 
of land, appropriated for the general use, ease or convenience [lb. § 6.] 
of the community at large, or the inhabitants of any county, g^ . ^- 
or town, shall by any Court, having cognizance thereof, be toI. 8,p.84i.] 
adjudged and determined a nuisance, and ordered to be abat- 
ed, in case the materials of such building, fences or other in" 
cumbrance, upon a public sale thereof at auction, shall be in- 
sufficient to pay the costs and charges of prosecution and 
removal ; the Court from whence the process for removal 
shall issue, shall and may order the deficient sum to be rais- ^JS^^*^ 
ed and levied from the goods and chattels of the person or *» defirayed. 
persons who shall be convicted of erecting or continuing the 
same. 

Sect. 27. Be it further enacted. That where buildings BuiMingi, fen- 
or fences have been erected fronting upon, or against any ^'^^'Ja^ln 
training field, burying place, common landing place, highway, P^Jj^^""***» 
private way, street, lane, or alley in any town in this State, bounds cannot 
where from length of time or otherwise the breadth or quan- 40 years rtand- 
tity thereof is not known, or can be made certain by the re- ^idS-edTtbo 
cords,* or by any other boundaries ; and such buildings or ^i*J^' 
fences have been upheld, maintained and continued for more 
than forty years, such fences or buildings shall be deemed and 

Vol. II. 11 



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624 REPAIRING OF PRIVATE WATS. 

Ch. 119. taken to be the true ancient (j) boundaries thereof; but no 
^-^"^^"^^ length of time (under three score years) shall justify the con- 

In other cases , t» t* i -i i* 

eixty years pro- tiDuauce of a fcnce Or building on any town or private wty, 
SS^y to jtu^ or on any public highway, a common truning field, burying 
Sf i^ce°&cr place, landing place or other piece of land appropriated for 
the general use, ease or convenience of the community at 
large, or for the inhabitants of any particular county, town, 
or parish, but the same may be removed by order of the Cir- 
cuit Court of Common Pleas, or the Supreme Judicial Court, 
as a nuisance, upon the presentment (K) of a Grand Jury. 
[Approved March 2, 1821.] 

Additional Act, ch. 227, vol. 3, p. 60. 



Chapter 110. 

AN ACT for enabling Proprietors of Private ways and Bridges to repair them in 
eqnal proportion. 

How meetings Sect. 1. Oi^ il t1^ac%ti by the Senate and House of 
ofroch propn- Representatives, in Legislature assembled, That when and so 
called. often as any number of the proprietors and rightful occupants 

[Mass. Stat. ^^ ^7 P^vate way or bridge, where there are four, or more 
Nov. 12, 1787, ^jan four of them, shall judge a proprietors* meeting necessa- 
ry, three of them applying to a Justice of the Peace within 
and for the county where the said way or bridge lies, such 
Justice is hereby authorized and empowered to grant a war- 
rant for calling the same ; or otherwise one fourth part of the 
said proprietors may, of themselves, call such meeting ; in 
either case to be done by warrant under the hand of the said 
Justice, posted up in some public place or places, in the town 
or towns where the said proprietors and rightful occupants 
live respectively, seven days at least before the time appoint- 
ed for such meeting, signifying the time, place and business 

(j) Binnej vs. Proprietors of land* m Hull, 6 Pick. 508. 

{k) An indictment lies for a nuisance on a toion way ;.and the continn- 
anee of the nnisance need not be alleged to be with (broe and arms. Cem. 
V8. Oowen, 7 Ma»8, 878. 



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REPAIRING OF PRIVATE WAYS. 625 



thereof; and the major part of the proprietors and rightful Cu. 119. 
occttpants so assembled, shall have fuU power to determine .^^"^""^"^^ 

^ ^ Bfay agree od 

by a miyor vote on any other way of calling meetings in fu* the mode of 
ture, and to choose a Clerk and sunreyor, who shall be sworn mee^gsfand 
to Jthe faithful discharge of then- respective* trusts, as town Sd^rvcjw^ 
officers are ; and to determine what repmrs on the said way ^^»J25] 
or ways, bridge or bridges, are necessary ; and also each pro- p^^. 
prietor's and occupant's proportion of labour and materials ne- to repairs, 
cessary for repairing the said way or ways, bridge or bridges ; 
and such sinrveyor, so chosen and sworn, shall have the same 
power with respect to such ways or bridges, as the surveyors 
of highways-are by law mvested with ; and shall be governed by 
the same rules as are prescribed by law for their direction ; 
and in case of neglect or refusal of any proprietor or occupant, 
in attending the said work by himself or other sufficient person 
in his stead ; or furnishing materials when required by the said 
surveyors, necessar)'^ for the repair of the said ways or bridg- 
es, agreeable "to the determination of the said proprietors ; he 
or she shall be subject to the same fines and penalties as are 
provided in case of town highways, and to be recovered in 
the same manner. 

Sect. 2. Be it further enacted^ That if any surveyor, p^^^^ ^^^^ 
chosen as is provided by this act, shall refuse or neglect to ▼eyor'i refami 
accept that trust, and take the oath aforesaid, he shall forfeit 
and pay the sum of four dollars, to be recovered in manner ^ • ^ '1 
aforesaid : and all fines and forfeitures incurred by breach of ^jl^ ^^ *P" 
this act, shall be applied for the use of the propriety for re- 
pairing the said ways or bridges. 

Sect. 3. Be it further enacted^ That it shall and may j^^ anthorixe 
be lawful for said proprietors, and the rightful occupants of theirirarveyor 
private ways and bridges, at any meeting legally assembled tracts for re- 
fer that purpose, to authorize their surveyor, or any other 
person or persons to contract by the year, or for a longer or [Mass. SgiL 
a shorter time, for the making and keeping in repair any pri- 
vate way or ways, bridge or bridges ; and at any such meet- ^nd raise morn- 
ing may vote to raise any sum or sums of money they may ^ ^. cwrry 
deem necessary for carrying such contracts into effect ; and feet, 
may choose Assessors, who shall assess all sums of money so 
raised on each proprietor's or occupant's proportion therein ; 



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636 GUIDE POSTS. 

Ch. 120. and shall ako deliver true lists of said assessments to the said 
^"^^"^^^ surveyor, with warrants of distress in form, as to substance, 
collect taxes, as is prescribed by law for collecting town taxes ; and every 
ofhi^waytl** such survcyor is hereby authorized and empowered to levy 
[*536] and collect all taxes or assessments for the^ purposes afore- 
said, in the same way and manner as surveyors of highways 
are empowered to collect town highway taxes, in and by ^^An 
Act directing the method of laying out, and making provision 
Pmuatyonsur- for the repair and amendment of highways ;" and if any such 
J2Jf ^^^ "**' surveyor shall neglect or refuse to pay over the monies so 
collected to such person or persons as he, in his warrant of 
distress shall be required, when demanded, he shall be liable 
to the same penalties as in and by the said law is provided, 
in case of surveyors failing to pay over monies to the town 
Treasurer in the like case. [Approved February 28, 1821.] 



Chapter ISO, 

AN ACT making proTision for erecting Guide PosU opon public Roadi. 

TowM Ice to Sect. I. JjE it enacted by the Senate and House of 
erect and keep Representatives^ in Legislature assembled^ That it shall be 

the duty of the inhabitants of the several towns in this State, 
freb*M^TO8 ^^ ^^^ ^"^^ plantations as are assessed in any public tax, to 
§ 1] provide, erect, and keep in repair such guide posts upon all 

public roads, at such places, and in such manner, as is here^ 

after in this act provided. 
Sekwtmen &c Sect. 2. Be it further enactedy That the Selectmen of 
to direct where the several towns, and the Assessors of all plantations, assess- 

they thall be . . . ^ 

placed, and a ed in any public tax, in this State, be and they hereby are 
places to be authorized and required from time to time to fix and deter- 



mine upon such places at the comers and angles of all roads 
[lb. §a.] jjj jj^g several towns and plantations aforesaid, at which the 
said guide posts shall be erected and kept, as in their judg- 
ment shall be found necessary and convenient, and shall cause 
a fair record thereof to be entered and kept among the rec- 
ords of the said towns or plantations. 



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GUIDE POSTS. 627 

Sect. 8. Be it further enacted^ That the guide posts Ch. 120. 
to be erected and kept in pursuance of this act, shall be con- J^^^^^'^^^ 
structed in manner following, that is to say ; there shall be coocmictioD. 
erected at the several comers or angles of the roads afore- [ib. § s.] 
said, at such places as shall be ordered by the Selectmen of 
towns, ^ or Assessors of the plantations aforesaid, a substantial [*537] 
post of not less than eight feet in height, upon the upper end 
of which shall be placed a board or boards, upon each of 
which boards shall be plainly and legibly painted the name 
of the next town, with such other noted town or place, as 
may be judged most expedient for the direction of travellers, 
to which each of the roads may lead, together with the dis- 
tance or number of miles to the same ; and also the figure of 
a hand with the fore finger thereof pointing towards the town 
or place to which the said roads may lead : Provided never- -, 
theless^ That the inhabitants of the several towns and planta- n^p^onawb- 

- ., - , 1./. , . 1 • Btitate for mwh 

tions aforesaid, duly qualified to vote m town or plantation guide poM|. 
affairs, may, if they judge fit, annually agree upon some suit- 
able substitute in the room of said guide posts, and appoint 
any proper person or persons to superintend the erecting the 
same. 

Sect. 4. Be it further enacted^ That if the inhabitants Penalty od 
of any of the towns or plantations aforesaid shall neglect or ^^"^^f^^ ^^ 
refuse to erect and maintain said guide posts in such places 
and in such manner as is herein provided, the said inhabi- 
tants shall forfeit and pay, to the use of the State, five dol- 
lars for every month which they shall so neglect or refuse : 
And if the Selectmen of the several towns or Assessors of q^ getectmen 
the several plantations aforesaid, shall neglect or refuse to fix ^^' ^^^ ^^^^ 
and determine upon any places in the towns and plantations 
aforesaid, at which the said guide posts'shall be erected and 
kept, by the time in this act set and limited, the said Select- 
men or Assessors shall forfeit and pay, to the use of the State, 
five dollars for every month which they shall so neglect or 
refuse ; said penalties and forfeitures to be recovered by in- 
dictment of the Grand Jury in the county where the oflfence 
may be committed. 

Sect. 6. Be it further enacted^ That if any person p^^^^ ^^.^ 
shall injure, mar or deface any guide post, or its substitute joriof gold* 



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638 DRAINS, &c. 

Ch. 121. agreed upon as aforesaid, or board which shall be set up, as 
'-^"^'^ . is in this act provided, and be convicted thereof before any 

posii or wibntio . , 

tutea. Justice of the Peace within this State, such person, so con- 

lib. § 5.] victed, shall forfeit a sum not more than six dollars nor less 

than two dollars ; one half to the complainant, and the other 
[♦638] half to the* use of the town or plantation in which such guide 

post or its substitute, so injured, marred or defaced was set 

up, and shall pay all costs of the prosecution. [Approved 

February 28, 1821.] 



Chapter 191. 

AN ACT for regulating Drains and common Shores. 

Peoaity (or Sect. 1. olE^ U cuacted by the Senate and House of 
bi|b!^y, Tc. RepreseiUatweSy in Legislature assembkd^ That if any per- 
witiwut **^n^ ^^" ^^^^ ^'S ^^ break up the ground in any highway, street 
seDi of select- or lane in any town, for the laying, altering^ repairing or 
amending of any drain or common shore without the consent 
[Mass. Stat, of the Selectmen of the town, signified in writing, under the 
§ 1.] ' * hand of the Town Clerk, such person shall forfeit and pay 
four dollars for each offence, to the use of the poor of the 
town, to be recovered with costs of suit, in an action of debt, 
by the Treasurer thereof, before any disinterested Justice of 
the Peace in the county. 
How common Sect. 2. Be it further enacted, That all drains and com- 
nhores must be ^^^^ shorcs for the draining of ceUars which shall hereafter be 
made or repahred in any streets or highways, shall be sub- 
stantially done with brick or stone, or with such other ma- 
terials as the Selectmen of the town shall permit ; and in such 
manner as the said Selectmen shall direct. And when any 
Owncr» of pri- q^q qj. j^q^q q{ the inhabitants of any town, shall, by the con- 

vate drains ^ * 

connected with gent and uudcr the direction aforesaid, at his or their own 

^iit in ^y- charge, make and lay any common shore or main drain, for 

ing expense of ^^ benefit of themselves and others who may think fit to join 

therein ; every person who afterwards shall enter his or her 

particular drain into the same ; or by any more remote means 

shall receive any b^efit thereby, for the draining of their 



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DRAINS, he 629 

cellars or lands, sbaU be held to pay to the owner or owners Ch. 121 . 
of such common shore or main drain, a proportionable part ^ ^-^"v-^^ 

^., ^,. .. , 1 Amount to be 

of the charge of malung or repainng the same, to be ascer* settled by the 
tained and determined by the Selectmen of the town or a ma- c^^rt of Sea- 
jor part of them, and certified under their bands ; saving al-* **^"^' 
ways to the party aggrieved at any such determination, a right 
of appeal to the Court of Sessions. 

Sect. 3*. Be it further enacted^ That when any com- [♦529] 
mon shore or main drain shall be stopped or gone to decay so op^^aoom- 
that it shall be necessary to open the same in order to repair ^^ to bT V 
it, or remove such stoppage, all the persons who shall be J**)?*^^ *"** 
benefitted by such repairs or removal of obstructions, shall 
be held to pay their proportionable parts of the expenses 
thereof ; as well those who do not, as those who do cause 
such rep^rs to be made or obstruction removed ; to be as- 
certained and determined by the Selectmen as aforesaid, sav*- 
ing an appeal as aforesaid. And each person so held to pay 
his or her part shall have notice thereof of the sum, and to 
whom to be paid ; and if such person shall not pay the same, 
within ten days after such notice, to the person appointed by 
the Selectmen to receive it, he or she shall be held to pay 
the person, so appointed, double the sum mentioned in such 
certificate, with all costs arising upon such neglect ; and such 
person is hereby empowered to bring an action or actions for 
the same accordingly ; Provided always, That the person or proceedimra 
persons who shall have occasion to open any common shore ^^'^ ^Y p^" 

^ '' • §oii wisbea to 

or main drain, in order to clear and repair the same, shall, opeoaeomraoo 
seven days at least before they begin to open the same, noti- it.^ 
fy all persons interested therein, by advertising in such man- 
ner as the Selectmen may direct, that they may (if they think 
proper) object thereto, and lay their objections in person, or 
writing, before tlie Selectmen : and if the Selectmen, or the 
major part of them, shall judge the objections reasonable, 
then the person or persons making the same, shall not be held 
to pay any part of such expenses ; but if they do not make 
their objections as aforesaid to the Selectmen within three 
days after being so notified, or if they shall deem the objec- 
tions not to be sufficient, then they shall, under, their haadsy 
give liberty to the persons applying to proceed to open such 



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630 SETTLEMENT; AND 

Ch. 122. commoD shore or main drain and clean and repair the same, 

'^'^^^'^^ and all interested therein shall pay their proportions as is pro- 

Provwo 88 to vided in this act : Provided also, That nothing in this act 

the validity of ghjji \^q understood or construed to effect or make void any 

previous cove- ^ 

naotfl, &c. covenants or agreements already made, or that may hereafter 

amoog propri- . /• i i • 

•tori. be made, among the propnetors of such drams or common 

shores. [Approved February 28, 1821.] 



I**^l Chapter 19«.» 

AN ACT ajcertainiof what shall constitute the legal settleiBeiit ; and providing for 
the Relief and Support, Employment and Removal of the Poor(o). 

Repeal of for- Sect. 1. J3E t7 enacted by the Senate and House of 
mer laws. Representatives y in Legislature assembled, That all laws here- 
[Mass. Stat, tofore made, enacting and ascertaining what shall constitute a 
§ 1/]**'^^^' J^g^ settlement of any person, in any town within this State, 
so as to subject and oblige such town to support such person, 
in case of his becoming poor and standing in need of relief, 
so far as they relate to the manner of gaining a settlement in 
Settlement future, be and they hereby are repealed ; but all settlements 
of them confir- already gained by force of said laws, or otherwise, shall re- 
"^' main, until lost by gaining others in some of the ways hereaf- 

ter mentioned. 
Modesofgain. Sect. 2. Be it further enacted (b), That legal settle- 
ing settlement, ments in any town in this State shall be hereafter gained, so 

(a) 1. This act doei not reqaire plantatioos to reliere and sopport their 
poor. Blake$burgh vs. Jefferson, 7 Glf, 125. 

2. Thoogh plantations may [see onward, § 23, of the above chapter] 
raise money for the support of the poor, they are not obliged so to do. Nor 
hare their Assessors any general anthority to bind the plantation by their 
contract for the support of tho poor, beyond the amonnt of the money 
raised for that purpose. Meant vt. Pi, tf Blake$burgh, 7 Olf. 182. 

3. It was not intended by the Legislature of Maine, at the tiow thej re- 
vised the poor laws of Massaehosetts, that any paupers shoald be sopported 
by the State. Sanford vs. Hollis, 2 Glf. 197; appendix, 8 Olf. 489. 

(6) § 2 relates as well to persons who previoasly to its enactment had 
■ettlemonts tii this State, as to those who had none. Green vs. Buekfield, 
i G{f, 186. 



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RELIEF OP THE POOR. 631 



[lb. § 2.1 



as to subject and oblige such town to relieve and support the Ch. 122. 
persons gaining the same, in case they become poor and stand 
in need of relief, by the ways and means following and not 
otherwise, namely : First, A married (c) woman shall always Married wo- 
foUow and hare the settlement of hor husband, if he have any 
within this State, otherwise her own at the time of marriage, 
if she then had any, shall not be lost or suspended by the 
marriage. Second, Legitimate children shall follow and have Lqeitimate 
the settlement of their father (d), if he shall have any within ^^^ 
this State, until they gain a settlement of their own ; but if 
he shall have none, they shall in like manner foUow and have 

(e) 1. A wife does not lose her settlement, derived from her hosband, by 
means of a diyoree, except from a cause whieb shews the marriage to have 
been void. Dalton v$. Bernard$ton, 9 Ma§i. 201. 

2. A marriage nnlawfnl and void, aft where the first husband was living, 
conveys no settlement to the wife; either by derivation from the second hus- 
band, or by dwelling and having her home in his honse, at the time of pass- 
ing this statate. PitMon ««. FFttcof «e^ 4 Gif, 293. 

8. A wife eanaot gain aaettiemant separate from her boaband. Hallou)^ 
ell 98. Oardmer, S Mass. 9S. 

(d) 1. A misor eiiiaBetpated from his parents is capable of gaining a settle- 
ment of his own under this sCatnte. Lmbee ««. Easiport^ 3 0\f. 220. The 
emancipation of a child is never to be presniaod, bat nrast always be proved. 
Sumner vs. Sebee, 3 oy. 223. See oaward, 6; also, note/, 2. 

2. Where an alien who had married a womaA in thb State, subsequently 
abandoned the coontry, without any intention of retnraiog j leaving his wife 
and infant son here; bnt afterwards sent for them and continued for seven- 
teen years to express aflTection for bis son, and a strong desire to have him 
come and reside with him; — it was held, that the son was not emancipated 
by such abandonment, and so was not capable of acquiring or receiving a 
settlement in his own right, while a minor. Pittston vs. Wiscasset, 4 Glf> 
293. 

3. The settlement of a person non composy though of fall age, will fol- 
low that of his father with whom he resides. Wiscasset vs. Waldoborough, 
3 Qlf. 388. See Springfield vs. IVilbraham, 4 Mass. 493; and note i. 

4. A legitimate child, being a minor, and having a settlement derived 
from the father at the time of his death, does not follow any new settlement 
afterwards acquired by the mother. Fairfield vs. Canaan, 7 Glf. 90. 
See onward, note e. 

5. Seven years absence pf a minor from the parent's honae, without evi- 
dence of an intention not to return, does not change bis domicil. Parsons- 
field vs. Kennebunkporty 4 Glf. 47. 

6. A minor cannot gain a settlement distinct from the father. Hallowell 
vs. Gardiner, 1 Glf. 93. See ante, 1, of this note. 

Vol. II. 12 



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032 SETTLEMENT; AND 

Ch. 122. the settlement of their mother (e), if she shall have any. 
^-^"v-^ Tftird, Illegitimate (/) children shall follow and have the set- 
children. tlement of their mother at the tmie of their birth, if any she 
shall then have within the State, but neither legitimate or ille- 
gitimate children shall gain a settlement by birth in the places 
where they may be born, if neither of their parents shall then 
Admitted by l^^vc any Settlement there. Fourth^ Any person that shall be 
lown- admitted an inhabitant by any town at any legal meeting, in 

the warrant for which an article shall be inserted for that pur- 
[*53ll pose, shall thereby gain a legal settlement therein. Fifthj 
Sr^JStotVoM, All persons dweUing and having their homes'^ in any unin- 
then^dweSi^" corporatcd place,.at the time when the same shall be incor- 
therein. porated (g) into a town, shall thereby gain a legal settlement 

{e) Minor children follow the settlement which their mother acquires by 
a second marriage. Parsonsfield vs, Kennebunkport, 4 Glf, 47; Tlym-^ 
onih, vs. Freetown, 1 Pick, 197. 

(/) 1. An illegitimate child does not gain a new derivative settlement nnder 
the mother ; bat retains that which the mother had at the time of the 
birth. Sidney vi. JVinthrop, 6 O^. 123. 

2. An illegitimate non eompoa child of a non eompoa moiher, is consid- 
ered as emancipated, for all the pnrposes of this act. lb, 

8. Illegitimate children, nnder age, living with their mother on the 2l8t 
day of March, 1821, do not follow a new settlement acqnired by her by res- 
idence on that day in some town in this State; bnt retain tho settlement 
which she bad at thoir birth. BOdrford vs, 8aeo, 7 G{f. 270. 

{g) 1. A slave, resident ont of his master's family, in a plantation, at the 
time of its incorporation, gained no settlement by such incorporation. Nor 
can the wife, or minor children of snch slave, in snch case gain a settlement 
in their own right. HalloweU vs, Gardiner, 1 G^f, 98. 

2. The clause, "all persons,** in the above provision, mnst be under- 
stood with snch limitations as the Legislatore must have intended, and to em- 
brace only those persons who are legally capable of gaining a settlement in 
any other mode. lb, 

8. The incorporation of a town fixes the settlement of all persona having 
- their legal home within the territory incorporated; whether they be actnall/ 
resident thereon at the time of the incorporation, or not. ^S^^. George v$. 
Deer Isle* 8 Glf, 890. If at the time of the incorporation of a town, a 
person having a legal home, there, be resident in another town, at service, 
with the intention of returning at some fatare day, which intention was af- 
terwards abandoned; such subsequent abandonment of the purpose of return- 
ing, does not afiect the question of settlement. lb. 



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IIEUEF OF THE POOR. 633 

therein. SKxthj Upon division (h) of towns, every person Ch. 122. 



Divisioii of 



having a legal settlement therein, but being removed there- 
from at the time of such division and not having gained a le- towns, 
gal settlement elsewhere, shall have his legal settlement in that 
town wherein his former dwelling place or home shall happen 
to fall upon such division ; and when any new town shall be in- 
corporated, composed of a part of one or more old incorpo- 
rated towns, all persons legally settled in the town or towns 
of which such new town is so composed, and who shall actu- 
ally dwell and have their homes within the bounds of such 
new town at the time of its incorporation shall thereby gain 
legal settlements in such new town. Seventh^ Any minor who Apprentice- 
shall serve an apprenticeship to any lawful trade for the space "**'p- 
of four years in any town, and actually set up the same there- 
in wittun one year after the expiration of said term, being 
then twenty-one years old, shall thereby gain a settlement 
in such town. Any (i) person of the age of twenty-one years, g^g* y^ to- 
who shall hereafter reside in any town within this State for £!jf5:^**^ 

J receiving sup- 

the space of five (/) years together, and shall not during that po^ 

(A) The annexation of part of one town to an adjoining town, hiis the 
same effect aa the incorporation of a new town, so far as regards the legal 
settlement of the pomona residenl on the territory thus annexfld. Hallowell 
v$. Bowdoinham, 1 0{f, 129. Bat snch annexation does not transfer the 
settlement of anj» persons except those who actually dwell and have their 
homes upon the territory fet off, at the time of its separation. lb. See 
FUehhwg v«. Westminiater, 1 Pick, 144; Sutton o#. Dana, 4 Pick, 117. 

(t) 1. An idiot, or person non compos, b capable of gaining a settlement 
under this statute in anj mode not requiring any act of volition of his own. 
Lubee ««. Eastport, 8 Gy. 220. See ante^ note d, 8, and/, 2. 

2. An aTien is capable of acquiring a settlement under this statute. Ehox 
vs. Waldohorough, 8 Glf. 455. 

8. The domicil of a fisherman, who usually lived in his boat in the sum- 
mer, was holden to be in the place to which he most usually resorted m the 
winter for board. Boothbay os. Wiseasset, 8 Olf, 854. 
(j) 1. Being taxed in any town for five successive years, does not gain a 
settlement, if the party daring that period has leA the town with an intention 
of never returning; though such intention was changed, and be did in fact 
return. Westbrook vs. Botodoinham, 7 Olf. 868. See anteg, 8. 

2. The assessment of taxes for five successive years, on a person after- 
wards a pauper, does jiot estop the town, in a question of settlement, from 
showing that daring part of that period his domicil was in another town, lb* 

8. Athol vfc Watertown, 7 Pick. 42. 



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<S34 SETTLEMENT; AND 

Ch. 122. term receive directly or indirectly, any supplies or support as 
^fP|^ a pauper from any town, shall thereby gain a settlement in 
the time of sucfa town. Any person resident in any town at the date of 
^/°not faav- the passage of this act (fe), who have not within one year pre- 
piwd^ a ^ vious to that date received support or supplies from some 
prei^i/^" town (Z) as a pauper, shall be deemed to have a settlement in 

(Af) 1. A residence at the time mentioned in § 2, for a temporary purpose, 
does not fix the settlement. Hampden vs. Fairfield, t Glf, 436. See ante, 
note/, 8. 

2. So an absence of five years, to aach temporerj empfofOMiiC, withont 
evidence of intention to change the domioil, does not change it £hox 9«. 
Waldoborough, 8 Glf. 455; Paraongfield vs, JKennebunkporti 4 G{f. 47. 

8. In a question of domicil the declarations of the party whose home is 
in controversy, made at the time of his going or retorning, may be received 
as evidence of his intentions. Oorhcmt vs. Canton, 6 Off. 266. So evi- 
dence of the party's conduct afterwards, as well as before, may be received 
to ascertain his intention on a particular day. Richmond vs. Vatsalbar- 
ough, 5 Olf. 896. The forming an intention to remove, unless suoh inten- 
tion is carried into eflfect, will not affect the domicil. Hallowell vs. Saco, 
5 Glf. 143. See ante, note J, 1. 

4. Where a husband had been absent at sea more than 16 years prior to 
the passage of this act, without having been heard from, except a rumor that 
he was impressed on board a Britiah vessel of war; this was held to afibrd 
legal ground for the presumption tliat he was dead, «o that the wife was ca- 
pable of acquiring a new settlement for herself by dwelling on that day in 
another town. Biddeford vs. Saeo, 7 Glf. 270. 

(/) 1. BuppUee furnished by order of one of a beard of overseers, acting im- 
der a parol agreement with the rest of the board relative to the general man- 
ner of executing their office, are supplies furnished <*by some town," witbin 
the meaning of this provision. Windsor vs. Chinas 4 Gff. 298. 

2. Supplies voluntarily advanced by a third person on an order drawn by 
the selectmen of a town in favor of a panper on a different person who refu- 
sed to accept it, are not supplies ^'received from some town." Canaan vs. 
Bloomjield, 3 Glf. 173. See note g, to § 18, of this chapter. 

3. Supplies cannot be considered as so furnished, unless furnished to 
himself personally, or to some of his family who reside under his immediate 
care and protection, and for whose support he is by law responsible. Chreen 
ts. Buckfield, 3 Glf. 136; Hallowell vs. Saco, 5 Glf 143. But supplies 
furnished to a woman as a panper, without the knowledge of her husband, 
she living apart from him, are not supplies received by him. Dixmont vs. 
Biddeford, 3 Glf. 205. 

4. Where a son having received a conveyance of all his father's property, 
gave a bond to the town, conditioned to support him and another son daring 
life; this was held not to be ^'supplies or support indirectly received from 



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REUEF OF THE POOR. 635 

the town where he then dwelk and has his home (t»). And Ch. 122. 
every legal settlement, when gained, shall continue till lost or ""^I^^Z^ 
defeated by gaining a new one ; and upon gaining such new when gained to 
settlement, all former settlements shall be defeated and lost. ' 

Sect. 3. Be it further eruLcted, Tiiat every town with- Towns to sup- 
in this State shall be holden to relieve and support all poor [M^"§i^t. 
and indigent persons, lawfully settled therein, whenever they F^^;^' ^^^' 
shall stand in need thereof ; and may vote and raise monies May raise 
tlierefor, and for their employment, in the same way that mon- ^r"**^ ^^' 
ies for other town charges are voted and raised : and may ^^^ ^^^^ 
also at their annual meetings, clioose any number, not exceed- overseers, 
ing twelve suitable persons, dwelling therein to be Over- 
seers* of their poor ; and where such are not specially [*532] 
chosen, the Selectmen shall be Overseers of tlie poor. 

Sect. 4. Be it further enacted^ That said Overseers overseers to 
shall have the care and oversight of all such poor and indi- o(^^ po^^ 
gent persons, so setded in their respective towns, and shall ^^^^f^ 
see that they are suitably relieved, supported and employed, 
either in the work house or other tenements belonging to 
such towns, or in such other way and manner as they at any 
legal meeting shall direct ; or otherwise at the discretion of 
said Overseers, at the cost of such town. 

Sect. 5. Provided always: Beit further enacted ^ That the Ccruia kind- 
kindred of any such poor person, if any he shall have in the line Uabk) to*^- 
or degree of father or grandfather, mother, (n) or grand moth- ^^^ *^*^* 

some town as a pauper," so as to prevent the father, and with him the other 
son, from gaining a settlement by residence under this statute. WUeasaet 
vs. Wkiidoboraugh, 8 6//. 888. 

(m) Bj the words <*d wells und has his home,*' the Legislature meant to 
desigoate some pennanent abode, or residence, with an intention to remain, 
or at least without any intention of removing. Turner vs. Btukfield, 8 Glf. 
229, 

(n) 1 . A mother caanot be compiled to support a daughter, who has an 
estate of her own adequate to that support. Whipple «s. Dow ^ tix. 2 
MasM. 419. Bat the father is bound to the minor child's support if he is of 
ability to sapport her, uhhough such minor has property of her own. — 
Dawes us. Hmjoard 4* a/. 4 Mass. 97. 

2. The kindred of a^atiper cannot be called upon to contribute to his sup- 
port, but by the overseers of the town, where ho has his legal settlement, or 
by some other of his kindred. Salem vs. Andover, 3 Mcus. 436. 



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636 RELIEF OF THE POOR. 

Ch. 122. er, children or grand children, by consangumitjr, living within 
rlbTsT^ this State, of sufficient ability, shall be holden to support 
., , such pauper in proportion to such ability. And the Circuit 

Mode of pro- _^ r ^ r.i • i_ i 

ceediDff lo Court of Common Jrleas, in the county where any one of 
Bupiwrt/by such kindred to be charged shall reside, upon complaint 
thT&rt of "^ade by any town or kindred who shall have been at any 
Com. Pieaa, expense for the relief and support of any such pauper ; which 
complaint being filed in the Clerk's office of such Court and 
siynmons thereon issued, directed to and served by any 
proper officer to serve original summons, and in the manner 
they are by law to be served, fourteen days before the sitting 
of such Court, shall be sufficient to hold the persons sum- 
moned to answer thereto ; may on due hearing, either upon 
the appearance or default of the kindred so summoned, assess 
and apportion such sum as they shall judge (o) reasonable 
therefor, upon such of said kindred as they shall judge of 
sufficient ability, and according thereto, to the time of such 
assessment, with costs ; and may enforce payment thereof 
by warrant of distress : Provided^ Such assessment shall 
not extend to any expense for any relief affi^rded more than 
six months previous to the filmg of such complaint. And 
Court may fur- ^^y further assess and apportion upon them such weekly sum 
ther assess a for the future as they shall judse sufficient for the support 

weekly sum to ^ , , "^ . , , .,,*., , ^ 

be contributed of such pauper, to be paid quarterly till further order of 
r^; *° ' Court, and upon application from time to time of the town or 

kindred to whom the same shall have been ordered to be 
[♦533] paid, the Clerk of the said Court shall issue, and* may renew 

a warrant of distress for the arrears of any precedmg quarter, 
and with which ^^^ ^® Court may further Order with whom of such kmdred 
of them the ^^^ j^^y dosirc it, such paupcr may live and be relieved, and 

pauper may ^ ii-i i iin 

reside. for such time with one, and such with another, as they shall 

8. The only remedy for a town, other than that wherein he k settled, 
which baa provided for a panper» is by action against the town where he has 
his settlement lb. 

'4. In sach action the declaration must aver the settlement and notice to 
the town liable within three months from the commencement of the expense. lb, 

(o) In such case an appeal does not lie from the judgment of the C. C. 
Pleas to the S. J. Court J^antucket vs. Cotton, 14 Masa, 248 ; Pierce, 
ex parte, 6 02f. 824. 



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REUfiF OF THE POOR. 637 

judge proper, having regard to the comfort of the pauper as Ca. 122. 
well as the convenieoce of the kindred. And upon sugges- v-^*v-^^ 
tion, other kindred of ability not named in the complaint, may- 
be notified, and the process may be continued, and upon due 
notice whether they .appear or are defaulted, the Court may 
proceed against them in the same manner as if they had been 
named in the complaint. But if such complaint be not entered, 
or be discontinued or withdrawn, or be adjudged groundless, 
the respondents shall recover costs. And such Court may 
take further order from time to time in the premises, upon 
application of any party interested, and may alter such assess- 
ment and apportionment as the circumstances may vary. 

Sect. 6. Be it further enacted^ That said Overseers be Overseers mav 
and they are hereby empowered, from time to time to dre^^'pSu!' 
bind (p) out by deed indented or poll, as apprentices, to be P^^ti^*^;! 
instructed and employed in any lawful art, trade, or mystery, tenrantj. 
or as servants to he employed in any law(ul work or labour, [ib. § 4.] 
any male or female children, whose parents become actually 
chargeable to their town, also whose parents shall be thought 
by said Overseers to be unable to maintain them (whether 
they receive alms or are so chargeable or not,) to any citizen 
of this State, that is to say male childen till they come to the 
age of twenty-one years ; and females till they come to the 
age of eighteen years, or are married ; which binding shall 
be as valid and effectual in law as if such children had been 
of the full age of twenty-one years, and had, by a like deed, 
bound themselves, or their parents had ^een consenting there- 
to : Provision to be made in such deed for the instructing ProviBion to 
of male children, so bound out, to read, write and cypher ; indentures for 
and of females to read and write, and for such other mstruc- illJhdJi^cn. 
tion, benefit and allowance, either withm or at the end of the 
term, as to the Overseers may seem fit and reasonable. 

{p) l» Where a child is bound as an apprentice, under § 6, to do anj work 
in which bit master maj see fit to empToy him, the indentare ia to be nnder- 
•tood as meaning anj kwlVil work, and it valid within the ttatnte. Bmots 
v«. Tibbets, 7 Qlf, 467. 

2. When an apprentice ia employed by a third person, without the knowl- 
edge or consent of his master; the master is entitled to recover the valoe of 
his earnings against the employer, even thoogh the latter did not know that 
he was an apprentice. Ib, 



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63S RELIEF OF THE POOR. 

Ch. 122. Sect. 7. Be it further enacted, That it shall be the duty 
^-^y^^^ of said Overseers, to inquire into the usage of children al- 
Overiiecrs to ready* legally bound out, or that may be bound out by force 
treat^nror ^^ ^^'^ ^^^ ^^^ ^^ defend them from injuries. And upon 
such apprenti. complaint by such Overseers, made to the Circuit Court of 
c. c. Common Common Pleas in the county where their town is, or where 

Pleas may dis- , , ., - , , - . , - , , ., . 

charge such the child maybe bound, agamst the master of any such child, 
master in cer- ^OT abuse, ill treatment or neglect ; said Court (having duly 
tain case?; notified the party complained of) may proceed to hear the 
[lb. § 6.1 complaint, and if the same be supported, and the cause shall 
be judged {q) sufficient, may liberate and discharge such child 
from his or her master, with costs, for which execution may 
be awarded ; otherwise the complaint shall be dismissed but 
without costs, unless it appear groundless and without proba- 
ble cause ; in which case costs shall be allowed the respond- 
and he may be ^^^' ^.ud any apprentice or servant, so discharged, or 
^ru^n^cMes!" ^^^^^ master shall decease, may be bound out anew for the 
remainder of the term, in manner aforesaid. And such 
h^vT^mcdy^ Overseers may also have remedy, by action on such deed, 
on indentures, against any person liable thereby for recovery of damages for 
breaches of any of the covenants therein contained, which, 
when recovered, shall be placed in the town treasury, de- 
ducting reasonable charges, and disposed of by the Over- 
seers, at their discretion, for the benefit and relief of such 
apprentice or servant within the term ; the remainder if any, 
Proceedings in to be paid to him at the expiration thereof ; and the Court 
sue cases. ijgfore which such cause shall be tried originally, and on the 
appeal, may also, upon the plaintiflf^s request, if they see 
cause, liberate and discharge such apprentice or servant from 
his master, if it hath not then been already done in the 
method before directed by this act. And such apprentice or 
servant shall have like remedy when their term is expired, for 
damages for the causes aforesaid, other than such (if any) for 
which damages may have been recovered as aforesaid, by ac- 
tion upon such deed to be delivered them for that purpose, 
and on which no endorsement shall be necessary : Provided^ 
Such action be commenced within two years after the expi- 

(7) No appeal lies from the deci«ion of tbe C C Pleas in sach case. — 
Smith tf at vs. Hubbard, 11 Mass. 24. 



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RELIEF OF THE POOB. 639 

ration of the term ; and where such deed shall have been be- Ch. 122. 
fore put in suit, an attested copy from the proper officer may ^^""v^^^ 
be used and have the same force as the original. And no ac- ^^^V"?^ ^ 
tion brought by Overseers shall abate by the death of some of Bome of the 
of them, or by* their being succeeded in office, pending the ^. ' ' 
action, but it shall proceed in the name of the original plain- C*^35] 
tifis or the survivors of them. And in case of elopement, Apprentice 
any such apprentice or servant may be apprehended by any ^Jj^jJJi°*J2id* 
Justice of the Peace of the county where he is bound, or returned, 
where he may be found, upon the complaint of the master, or 
any other on his behalf, and returned to his master by any 
person to whom the warrant may be directed ; or may be first 
sent to the house of correction, at the Justice's discretion. 
And every person enticing any such apprentice or servant to penona entic- 
elope from his master, or harbouring him, knowing him to have J^^J^^iSSt 
eloped, shall be liaUe to the master's action for aU damages todaoagei, 
sustained thereby. And the Circuit Court of Common Pleas, q^^^ n„iy ^\, 
either in the county where the Overseers binding, or the mas- ^Ich^MroS- 
ter of any apprentice or servant boimd, live, may also upon tice, on com- 
complaint of such master, for gross misbehaviour, discharge ter. 
such apprentice or servant from his apprenticeship or service, 
after due notice to such Overseers and hearing thereupon. 

Sect. 8. Be it further enactedy That said Overseers 
shall have power to set to work, or bind out to service by Viiid oat p«i- 
deed, as aforesaid, for a term not exceedmg one whole year ^IZ»!^ <*''*»*■ 
at a time, all such persons residing and lawfully settled in theur r^^^ e ^ j 
respective towns, or who have no such settlement within this 
State, married or unmarried, upwards of twenty-one years of 
age, as are able of body, but have no visible means of sup- 
port, who live idly and exercise no ordinary or daily lawful 
trade or business to get their living by ; and also all persons 
who are liable by any law to be sent to the house of correc- 
tion, upon such terms and conditions as they shall think prop- 
er. Provided always^ That any person thinking him or her- pe„o„ ,-. 
self aggrieved by the doings of said Overseers in the premises f^'^^f^^r^ 
may apply, by complaint, to the Circuit Court of Conmion "eew herein^ 

, , m&T coinploin 

Pleas m the county where they are bound, or where the to c. c. Com- 
Overseers who bound them dwell, for relief ; which Court, ^J^;^^- j„ 
after due notice to the Overseers and to their masters, shall ■och Court. 
Vol. II. 13 



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640 RELIEF OP THE POOR. 

Ch. 122. have power, after due hearing and examination, if they find 
"-^^'^"'^ sufficient cause, to liberate and discliarge the party complain- 
ing from his or her master, and to release him or her from the 
[♦536] care of the Overseers ; otherwise* to dismiss the complaint, 
and to give costs to either party or not, as the Court may 
think reasonable. 

Sect. 9. Be it further enacted. That the poor persons 

Paupers in on- .... 

incorporated standing in need of reUef, living without the bounds of any 
under care of incorporated town, shall be under the care of the Overseers 
adjiningtown of the poor, appointed in the adjoining town wherein the in- 
incorpomted"' habitants of such unincorporated place are usually taxed : and 
place if taxed, the same Overseers shall have the like authority to bind out 
the children of such poor persons, as they are vested with, 
respecting the children of persons in like circumstances, in- 
Power and du- habitants of the town in which they are appointed. And such 
tyofmchoTer- Qvcrsecrs may also set to work, or bind out as aforesaid, for 

seen respect- • 

ing Mich pau- a space not exceeding one whole year at a time, all such per- 
sons above the age of twenty-one years, married or unmar- 
ried, residing in their county, but without the bounds of any 
town, as are able of body, but have no visible means of sup- 
port ; or who live idly, using no ordinary daily lawful trade 
or business to get their living by ; or who are liable by any 
law to be sent to the house of correction ; and shall receive 
and apply their earnings (deducting reasonable charges) to the 
support of them or their families, if any they have, at their 
discretion ; saving to such persons the like remedy for re- 
lief, if they think themselves aggrieved, as is by this act pro- 
vided for persons set to work, or bound out for like causes 
by Overseers of towns. And for the prevention of poverty 
as well as lewdness. 
Persona keep- Sect. 10. Be it further enactedj That any person who 
•u^feme ra^ be ^^^ ^^ suspcctcd of keeping a house of ill fame, resorted to 
prosecuted on for the purposcs of prostitution or lewdness, may be appre- 
overseers. bended by warrant from any Justice of the Peace in the coun- 
llb. § 8.] ^y? "P^" complaint of the Overseers of the town wherein such 
Proceeding in house shall be ; and upon conviction of such offence, before 
such case. such Justice, or before the Circuit Court of Common Pleas, 
or presentment of the Grand Jury, may be ordered to the 
house of correction, for a term not exceeding one month ; 



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RELIEF OF THE POOR. 641 

and after such cooriction, shall not be allowed to keep lodg- Ch. 122. 
ers or boarders, in any town without the license of the Over- ^•^'^'^'^^ 
seers of the poor thereof. 

Sect. 11. Be U further enacted^ That it shall also be Overseen to 
the duty of said Overseers in their respective towns, to pro- ^Eite relief 
vide for* the immediate comfort and relief of all persons re- SigJSir &c!° 
siding or found therein, not belonging thereto, but having law- f<»«n<* ^IL^^^' 
ful settlements in other towns, when they fall into distress and tied etewhere. 
stand in need of immediate relief, and until they shall be re- rib. § 9.] 
moved to the places of their lawful settlements ; the expenses inc'^^'wiS' 
whereof, incurred within three months (r) next before notice jp 3 months b«- 

' \ / lore notice» 

given to the town to be charged, as also of their removal or '^*^f'^^" 
of their burial («), m case of their decease, may be sued for town where the 
and recovered (<), either in a civil action by the town incur- ^settlel^^*^ 

(r) 1. No action lies by ooe town against another for laoh expenses, unless 
they accmed within the three months previous to notice. Baih vs. Freeport, 
5 Ma$a. S26. Bat whether expenses of burial are barred by snch want of 
notice, is donbted. lb, 

2. The charge for expense of tronble of overseers in such case, in pro- 
viding for the abode and support of a pauper, was adjudged not to be legal. 
Comoay vs. Deerfitld^ II Maas. 888. 

(f ) In an action against a town for expenses incurred in the support and 
burial of a pauper, the defendants are barred from contesting the settlement 
of the pauper, if the overseers have neglected, for two montha ailer notice 
and request, to remove him, and no objeation has been made to such re- 
quest. Topsham vs. Harpswell^ 1 Mass. 618. See above, r, 1. 

(() 1. A town is not liable to an action by another town, in the case provided 
in § 11, until the expiration of two months after notice given [see § 17.] 
Belmont vs. Pittston^ 8 Glf. 458. 

2. To entitle a town to recover in such case, it is not necessary^at the 
pauper be actually resident in the town at the time of giving notice to the 
town in which he has a legal settlement; it is sufficient that he is then sup> 
ported at the expense of the town so giving notice. Marlborough vs. Rut- 
land, 11 Mass. 488. 

3. In a prosecution against a town for the support of a person alleged to 
be a pauper, it was held competent to the defendants to prove his ability to 
roaintam himself in case the question of settlement be ^lill open. Freeport 
vs. Edgecumbe^ 1 Mass* 459. In Paris vs. Hiram, 12 Mass. 267, the 
oourt upon a similar question said, * 'Perhaps this would be a question only 
between him [the pauper] and the place of his proper settlement, in an ac- 
tion against him for money paid to his use, if it should turn out that he was 
not in fact a pauper; or at any rate the town, which is liable for his support 
as a pauper, may avail itself of his labor in tlie manner pointed out by stat- 



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643 REUEF OF THE POOR. 

Ch. 122. ring the same, against the town wherein such persons bad such 
^^'^^"^^ settlements, or in the method by complaint, hereafter prescri- 
Prorided loit bed in and by this act : Provided j Such action or complaint for 
withhB2 yean damages be commenced or preferred within two (u) years after 
^OT acUon ac« ^j^^ cause of actiou arose, but not otherwise. And in such civil 
Setdemau^of^ *M5tion the settlement of the pauper shall not be contested by 
bewoteit«d,iii the defendants, if it liath been then adjudged to be in their 
town upon such process as is hereinafter prescribed ; other- 
R«ooTer]r in wise it may be : and a recovery in such action shall bar the 

such action to ^ ^ ^ •' /•••!_ 

beabaragaiiut town against which the same shall be had, from disputmg the 
aetdement in a Settlement of such pauper m such town, with the town so re- 
a^Meqoent ac- ^j^y^^jug^ j„ j^^y future action Or process, brought and prose- 
cuted for the support or removal of such pauper. 

Sect. 12. Be U further enacted^ That the Overseers of 

ute [§ 6, of the abore oh.] Bnt the town whore he happeno to be, have 
only to inqoire whether he \b in actaal diatreaa, and if he ii, inch town ia 
obliged to relieve him. If the diatreia ii of hia own proonring, and maj be 
removed by hia own exertions, and this is known to the ovemeert of the 
town who provide for him, a question may arise on the right of reeorery." 
See onward, note ^, § 18. 

(u) 1. Snob action cannot be maintained if the expenses arise more than 
two years before the commencement uf the action, althoogb they arose with- 
in three months next prior to the netioe given. Hallovoell v$, Harwich^ 14 
Mass. 184; see below, 6. The two years most be compnted from the deliv- 
ery of the notice, and not from its date. Uxbridge vs. Seekonk, 10 Pick. 160, 

2. Bnt notwithstanding the above limitation, an action will lie against a 
town after two years, upon a verbal express promise of the overseers to pay 
the expenses incnrred in supporting a panper legally chargeable to such town; 
such promise being barred only by the general statute of limitations. Bel- 
fast 9S. Leominister, 1 Pick. 128. 

8. The separation of Maine from Massachusetts was held not to affect 
the rights of a town in Maine, to which such promise was made before the 
separation. Jb, 

4. Overseers have authority to bind their town by such a prooiise. lb. 

6. In HaUowell vs. Harwich 1 14 Mass. 186, it was held that, in a sec- 
ond action between the same towns, for the continued support of the same 
pauper, a second notice of the expenses incnrred wss essential to a recoveiy. 
See also, onward, note c, 6, to § 17. In J^Tewtan vs. Randolph^ 16 Mass. 
426, it was held that a new notice given by one town, to another, pending an 
action for the support of a pauper, or afler its final decision, though unanswer- 
ed by the latter town, would not operate as an estoppel of the hitter town to 
deny the settlement of the panper. See Ports vs Bpram, 12 Mass. 267. 



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RELIEF OF THE POOR. 643 

the poor of any town, in which tliere is a county gaol, are Cb. 122. 
hereby authorized and directed, at their discretion, by their q^^^^^^^ 
order in writing, to set to work, under their own direction, towns contain- 
or the direction of any other suitable person, any debtor com- hyO^ot^, 
mitted to prison upon mesne process or execution, and actu- JU-i^J^^^^^^ 
ally chargeable to any {v) town or district in this State for his J^^**"^®** 
support : And the order of said Qrerseers shall remain in in the state, 
force, until they shall revoke the same, or such prisoner shall Fe^^, isi's, 
provide for himself: Provided howevery That no prisoner Provided, «och 
shall be required to labour more than is necessary to pay the p^^*J^ ■'^ 
expense of his support. And no prisoner shall be chargeable ed to labour 
to any town as a pauper, while such order of the Overseers necenaiy for 
respecting him shall remam in force, except for the deficien- pUt.^'^ *"*^ 
cy of his earnings to pay the expense of his support. 

Sect. 13. Provided nevertheless : Be it further enactedy towm mp. 
That every town which shall be liable for, and shall have paid ^,^„^ay 
any* of the charges of maintaining in prison, any person as a' wco^wtijew^ 
pauper, hereafter committed on mesne process or execution, creditor who 

. ,_ , , , . , committed 

m any civil action, may recover the r.nine m an action at law them, 
aeainst the creditor, at whose suit such debtor shall have been ..^**^^^ 

. . . • , [Maai. Stat. 

committed, and for the time he shall continue so imprisoned, Feb. 6, 1820, 
at the suit of such creditor, at the rate of one dollar and twenty- ^ 
five cents for the support of such debtor, per week. Provided Creditor in 
Aotre»er, That said creditor may at any time, discharge his diKhwwdSIu 
debtor, committed as aforesaid from prison, and such dis- w'^^wdjrwith- 
charge shall not operate to release the debtor from the debt to hw demand 
and costs on which he was committed; but such debt and property, 
costs, together with all sums which the creditor may have 
paid for the support of the debtor, in manner as herein before 
provided, shall be and remain a legal claim against the goods 
and estate of the debtor ; his or her body being forever there- 
after exempted from arrest therefor : Provided alsoy That no Popart of thi» 
part of this section shall apply to any commitment for debts »ectioa ^ ap- 
contracted, or for any cause of action which accrued on or ooutracted be; 
previous to the fourteenth day of March eighteen hundred and 1820. ' 

twenty. 

(«) Inhabitantfl of a town in which gaola are sitoated, are bonnd to pro- 
vide for poor prifloners committed on execution, though they b&ve a legal 
•ettlement elaewhere. Doggttt vs. Dedham^ 2 Ma$$, 564. See onward, 
notes to § 17 and 18; alao, § 18 of thia chapter. 



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644 RELIEF OF THE POOR. 

Ch. 122. Sect. 14. Be U further tnactedy ThBi the keeper o( \he 

^-^^^"^ prison shall be entitled to receive at and after the rate of one 

dollar and twenty-five cento per week, and no more, for the 

support of each debtor being a pauper in close confinement. 

Personi actu- Sect. 16. Be U further enacted J That all persons ac- 

aiiy chargeable tuallv cbarseable, or who, tfarouffh aee or infirmity, idleness 

lo a town may ,. , ,., i .1 1 1 1 

be removed to or dissolutenoss, are likely to become chargeable to the pla- 
f4ai settie-*^"^ ces wherein they are fotmd, but in which they have no lawful 
"^"^* settlement, may be removed to the places of their lawful set- 

Mode of pro- tlements, if they have any within the State. And in order 
"^* to eflTect such removal, (and also to recover the expense in- 

[Mass. Stat, curred for the relief of such persons, if said Overseers choose 
§10.] ' ' that mode, in preference to a civil action,) said Overseers 
may apply, by complaint (to) to any Justice of the Peace in 
their county, not an inhabitant of their town, which complaint 
may be in substance as follows : 

P f corii- "^^ * Jortico of the Peace, in and for die county of — -. The town of 

pl^uit. — — in the said county, by the mbicribeni, Oreneera of their poor, compfaiin and 

[*539] show that — ^— now* resident in said town is poor, and become chargeable (or is 

likely to become chargeable) to laid town ; and that his lawful settlement is iu 

in the county of Wherefore your complainants pray that after a doe course 

of proceedings had, the lawfiil settlement of said may be adjudged to be in 

said town of , and that he may be removed thither by warrant accordingly. 

Your complainants further pray judgment for damages, for expenses incurred on 
account of said , an account whereof is annexed ; and for such as may accrue 

» until the time of judgment, and for costs. Dated at said — — the day of 

A D 182 . A B &c. Overseers. 

Upon which complaint such Justice shall make out and an- 
nex thereto a summons, directed to the Sheriff, or his deputy, 
of the county wherein the town to be summoned is, in sub- 
stance as follows : 

Seal. — ss. To the Sheriff of the county of , or his deputy, Greeting. 

Form of sum* In the name of the State of Maine, you are hereby required to summon the town 

mons on such ©f in said county of — ^ to appear, if they see fit before me the subscri- 

comp in . ^^^ ^ Justice of the Peace in and for said county of , on the day of 

at of the clock in the noon, to sliew cause, if any they have, 

why the prayer of the above written complaint should not be granted; by leaving 
an attested copy thereof, and of this summons, with the Overseers of the said town 
of or some one of them, thirty days before said — ^ day of ; a;id 

(w) In the complaint, and also in an adjodication for the removal of a 
paaper under the provisions of this section, it is required to state the cause 
of the likelihood of his becoming chargeable. fValpoU vs. W, Cambridge^ 
8 Mass. 276. 



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REUEF OF THE POOR. 645 

make return hereof, and of your doings herein, unto me, the laid Justice, on or be- C H • 1 22. 
fore the said — — day of Hereof fail not. Given under my liand and v^rv^-^ 

■eal the ■ day of — — iit the year of our Lord — . T P. 

And such officer shall serve and return the same, his being 
an inhabitant of the town to be summoned notwithstanding, 
for the same fees as for other writs of summons. And such „ 

Proceedings on 

Justice shall summon the party (x) to be removed, and oth- Buchcompiaint, 
er witnesses, and may, if he see cause, compel the appear- 
ance of the former by warrant, to be examined ; and shall 
hear bis objections to such removal^ and may, for good cause, 
continue the process once, not exceeding three months ; and* l*540] 
after due examination and hearing, whether the town sum- 
moned appears or not, shall proceed to give judgment for or 
against the complainants, and make a record thereof in sub- 
stance as follows : 

— ^— S8, At a Court held before me ■ Eaq a Jugtice of the Peace in and ^ 
-,^. ... , ji.. Form of reo- 
for the county of , at in said county, on the — -— day of in ^^ ^y Justice. 

the year of oor Lord one thousand eight hundred and '. The town of 

in the county of — complainants against the town of — in the county of 

; shewing that — ^— now resident in said town of ', is poor — 

and become chargeable, to that town (or is likely to become chargeable, as the fact 

may be) and that sud town of is the place of his hnvinl setdement, and 

praying it may be so adjudged, and that he may be removed thither: (and for dam- 
ages for expenses incurred on account of such pauper, or that maybe incurred, and 
for costs:) The parties appear (or the complainants appear) but the said town of 

, although solemnly called, doth not appear, but nrnkes defiuilt; (as the case 
may be.) And aAer due examination and hearing, and on due consideration of the 
premises had, I do adjudge the same to be true; and I do also adjudge that the 
kwfol settlement of the said -^— - _ ic in the town of , and that be be 

removed thither, and that the complainants recover costs (or that the oomplainanli 
recover the sum of , damages for expenses incurred to this time for the sup- 

port of said — ^ as the case may require) [or if in the favour of the town com- 
plained of, say,] I adjudge that the said ■ is not likely to become chargeable 
to said town of ■■ , or that the lawful settlement of said — — ie not in said 

town of ; and that said town of recov^ costs. Recorded by mc. 

•^— — Justice of the Peace. 

No costs, however, to be awarded for such town if default- jugtjcc may i«. 
ed ; but if the complaint be not entered, or be discontinu- ^^^^^ '»^'^- 

* ^ rant ot remov> 

ed, or not prosecuted, the town complained of appearing, ^i 
and praying therefor, shall recover costs. And upon judg- 

(ar) It is error in the proceetlings before a Jastice of the Peace, or on ap- 
peal before the Court of Common Pleas, for the removal of a pauper, if the 
pauper be not sammoned or present; bnt the pauper only can avail himself 
of sncb error, and not either of the principal parties. Shirley es. LuneiV' 
burgf 11 MoMi. 379. 



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646 



RELIBF (»• THE POOR. 



Ch. 122. ment of removal, such Justice may issue his warrant of re- 
^■^^''"^^ raoval directed to, and to be executed by any Constable of 
the town from whence tlie person is to be removed, and to 
any particular person by name in the following form : 

[»54 1 J (S«AL.») M. To any instable of the town of in the county of 

, or to Greeting. 

form thereof. WHiereafl, at a Court held on — — before me , Esqoire, a Justice of the 

Peace in and for the ooonty of , on the day of , it was aiyndf- 

ed by me the said Justice, that now resident in said toMm of*——, is charge- 
able,' (or likely to become chargeable, as the case may be) thereto ; that his lawful 
settlement is in the town of in the county of ■ , and that he be remov- 
ed thither. 1 do therefore, in the name of the State of Maine, hereby authorize and 
require you forthwith to take, remove and convey, by land or water, as may be most 
convenient, the said ■ to the said town of ,and him deliver to the Over- 
seers of the Poor thereof, or some one of them ; who are hereby required to receive 
and provide finr him as an inhabitant of that town. And of this warrant and of your 
doings herein, you are to make return to me, as soon as may be after you shall have 

executed the same. Given under my hand and seal the day of , in 

the year of our Lord one thousand eight hundred and — . J P. 

And such Overseers shall be obliged to receive and pro- 
vide for such person accordingly ; and said Justice may also 
award execution for damages and costs ; and may tax in costs 
a reasonable sum for the expense of removal ; and the exe- 
cution may be issued to, and may be executed by a proper 
officer in the county where the town is, against which it is- 
sues: Provided always^ That either party, as also any person 
who shall be adjudged likely to become chargeable, and or- 
dered to be removed, aggrieved at the judgment of such Jus- 
tice, may appeal therefrom to the next Circuit Court of Com- 
mon Pleas to be holden in and for the same county ; and shall 
produce copies, and enter and prosecute the same as other 
appeals are. And said Court shall hear and determine the 
same without a Jury (y), and may award like warrant for re- 
moval, and like execution for damages and costs, mtUaHs 
mutandis; or may on complaint, affirm the judgment of the 
Justice with additional damages and costs, where the appeal 
is not prosecuted, and carry such judgment into execution. 

[•542] Sect. 16*. Be it further enacted, That such complaint 

- ' * 

(y) This coiDM within the •zceptian to that f oneral eoniutatioiial pro- 

▼isioD, of cases where it has beretoibre been otherwise practised Shirley 

vi, Lunenburg^ 11 Ma$$, 886. See Mass. Dse, Mights ^ § 16, and the 

Constitution of Mainct ^rt 1, § 20. 



Justice may 
award execu- 
tion for dama- 
ges and costs. 



Appeal allow- 
ed to C. C. 
Com. Pleas. 



Proceedings on 
such appeal. 



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REUEP OP THE POOR. 647 

may be originallj made by said Overseers, if they see fit, to Ch. 122. 
the Circuit Court of Common Pleas in their county, by filing Cn^^^^TT^^ 
the same with the Clerk of sard Court and procuring a like be made orig- 
summons from him, mutatis mtUandiSf and causing the same cJuk Pieai. 
to be served in time and manner as aforesaid ; as also sum- ^i^^ ^ n.^ 
mons for the party, to be removed (z), and for witnesses; 
and such Court, upon such complaint shall proceed to hear, p^^. j„ 
determine, adjudge and grant warrant and execution in the raid Court on 
same manner as in cases coming before them by appeal ; and plaint, 
in all their adjudications b the premises, tliey shall state the 
facts (a) upon which their judgments are founded ; to the end 
that error therein, if any, may be corrected by writ of error. May be cor- 
in the Supreme Judicial Court ; to which either party aggriev- iTsuprcmcJu- 
ed shall be entitled, if purchased within a year, but not oth- »i»c»al Court. 
erwise ; aad upon which, if judgment be reversed such judg- 
ment shall be given as ought to have been given below ; and 
the plaintiflTs in error shall be restored to all they lost by such 
erroneous judgment with costs ; but if the judgment be affirm- 
ed, the defendants shall recover costs. And said Supreme Proceediogi 
Judicial Court may send to said Circuit Court of Common preme Judicial 
Pleasy and require them to state (b) that some material ones ^""* 
were omitted in the statement aforesaid ; or to explain such 
as do not appear to the Court to be clearly stated ; unless a 
new statement be agreed to by the parties. And depositions Depoiitioni 
may be used before the Justice, as well as the Circuit Court SJ^^^ 
of Cpmmon Pleas, on the trial of sueh complaints, when tak- 
en legally and for legal cause. And when expenses for sup- 
pbrt of a pauper are prayed for in such complaint, the same 
complaint may be proceeded upon to judgment, so far as re* 

(x)' See note dr, to § 16,' ante, p. 640. 

(a) It IB not eafficient for Uie Common Pleas, upon rach an •djodication 
to file on record the evidea^e, on which their jndgmoot ii foanded; tlioy 
nmst make n statement of t^e facta, JValjpoU va, W» Cambridge t^ Ma$8. 
277. 

(6) In the editivQ of j(()e MaaaachoMtta Statntea, pphliiliod by order of the 
legislature of that State in the year 1807, a groas mivtoke occnrrod in thot 
above §, and the same was transferred to this §, in the atatute of thia State, 
Between the words **8taU** and **that,** in the 21at line of the i^bove page, 
an entire line is omitted, which is. as foWowBi-^-other /acts, tflArn it iJiuU 
appear, by suggestion or otherwise. 

Vol. II. 14 



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648 RELIEF OF. THE POOR. 

Ch. 122. spects his settlement and such expenses ; the decease of the 

^■^"^^^^-^ pauper pending the complaint notwithstanding, 

Overfecrs, be- Sect. 17. Provided alway 8 : Be it fufthcr etiacttd, Th^l 

ce^*ma* »end ^^*^ Overscers may in all cases, if they judge it expedient, 

written notice previous to any such application to any Justice of the Peace, 

to the town ^ ^ , ^. . ^ r ^ ^t . . 

■apposed to be or OX the Circuit Court of Common Pleas, to send a written 

&c. to^remove notification (c), stating tl^e facts relating to any person actu-. 

p***W' ally become chargeable to their town^ to one or more of the 

' {e) 1. The notice given in such case should state the names of the persons 
that have become chargeable, or otherwise to describe them so that the over- 
seera notified maj certainly ksow whom to remove. Notice that *'S. and 
his family** — or that **S and teveral of his children,** are chargeable, if 
insufficient Bangor vs. Deer Isle^ 1 Glf, 829; Emhden vs, Augusta, 12 
Mass* 807; Dover vs. Paris, 5 Glf, 430. Notice by A. to the overseers of 
B. that **0. S. widow of G. 8. who was an inhabitant of B," had become 
chargeable, &0. was held snfficient; for the momuDg of these worda it, that 
the widow was an inhabitant of B. Uxhridge vs, HeekoHk^ 10 Pick* 160. 
So a notice respecting a panper whose christian namo was Sally, calling her 
Sarah or Sally, was held sufficient. Shelbume vs, Rochester, 1 Pick. 
470. 

2. If in answering a defective notice no objection be taken to the insoffi- 
oie»cy of it. the objection will ba considnred an waived. Smbden vs. jSu* 
gusta, 12 Mass. 307; Shuttsbury vs. Oxford, 10 Mass. 102; York w. 
Penobscot, 2 Glf 1; Orange vs. Sudbury, 10 Pick. 22. Bee Shelbume 
vs. Rochester, 1 Pick. 470. 

3. A notification signed by a major part of the overseers, or by a doly 
anthorizcd agent of the town [Dalton vs. Hinsdale, 6 Mass. 501] or by 
the chairman of the Selectmen, eo nomine, is sufficient; and in the latter case 
it will be presumed that the town did not appoint any ororseers of the poor, 
unless the contrary appear. Garland vs. Brewer^ % Qlf. 197. So it hM 
been holden, that notice signed by one overseer by order of the whole, is 
sufficient within the meanmg of the statute. Westminister vs. Bamards- 
ton, 8 Mass. 104. 

4. Notice may properly be sent or delivered to each pveraoos, or iwy one 
of them, as appear, by the records of the town notified, to be overseers of 
their poor, for the current year; though subsequently they may have dedi- 
ned to accept the office. Gorham vs. Calais, 4 Olf. 476 ; Dalton vs. Hins- 
dale, 6 Mass. 501. But a notice sent by mail, is bot sufficient Oroton 
vs. Lancaster, 16 Mass. 110. 

5. WHcrre a pauper after removal by one town on the notice of another,^ 
retumod to the latter town, U was holden that the former town was not lia- 
ble for expenses accruing after such release of the panper, without a new 
notice. Greene vs. Taunton, 1 Glf. 228. See ante, note ^, 8, to § 11. 
See also, latter okuie of the above § 17, and onward, note g, § 18. 



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RELIEF OF ntE POOR. 649 

Overseers of the place where his settlement is supposed to Ch. 122. 
bei* anil requesting them to remove him, which they shall have "^f^^T^ 
power to do by a written order directed to any particular per- 
son by name, who is hereby authorized and required to obey ^ " ^ 
the same ; and if such removal is not efiected, nor objected jf ^^ removal, 
to by them in writing, after such notice, to be delivered in J^'"n,^^^\^° 
writing, within two months after such notice to the Overseers >«» two months, 

, overseers may 

of the town requesting such removal^ or to some one of remove pauper 
them (d); then such Overseers may remove such person by sctUemSaT ^ 
land or water as is most convenient, by a written order di- 
rected to, and to be served by any persons who shall be par- 
ticularly mentioned in such order, to said place of his suppos- 
ed settlement, the Overseers whereof shall be obliged to re- And such plao^ 
ceive and provide for him ; and their town shall be liable for Jo^paysucbex- 
the expenses of his support and removal ; to be recovered by ^^"ftlom** 
action as aforesaid, by the town incurring the same ; and shall contesting setr 
be barred (e) from contesting the question of settlement with per. 
the plaintifis in such an action. And if any person lawfully paupor return- 
removed agreeably to this act, to the place of his lawful set- jj^o^^ 
tlement within this State, shall voluntarily return to the town ^^jj^j "* * 
from which he was removed, without their consent, he shall 
be deemed a vagabond ; and upon conviction thereof, before 
any Justice of the Peace in the same county, may be sent to 
the house of correction. 

(d) In the computation of the two months, the day ef giving the notice is 
to be eiclnded. Windsor va. China, 4 Glf, 298. Ante, c, 4. 

(•) 1. This provision dota not apply to cases where the settlement can be 
whamm to be in the (own giving the notice. Titrnervs. Brunswick, 5 Glf, 

ai. 

3. If the town of A. has incnrred eipenses in the sapport of a panper 
supposed to have his settlement in B. and the overseers of A. give notice 
thereof to the overseers of B. and reqnest bis removal ; althoogh the notice be 
not answered nor objected to, and the expenses af e paid by the town of B. 
bat the pauper is not removed; in an action by the town of A. for after ex- 
penses ificurred in the sapport of the pauper against the town of B. the de- 
fendants are not barred from contesting tbe settlement of the pauper in B. 
Leicester vs. Rehohoih, 4 Mass. 130; see ante, notes, § 11, p. 641. 

8. It is no soOicient bat to an •etioit by the town of A. against the town 
of B. that the plaintiffs had given notice to the town of C. and claimed pay- 
ment of the same sums; and^ snch notice not being answered according to 
the statute, had recovered judgment therefor against the town of C . Brcnn- 
trek vs Bingham, 17 Maa. 432. 



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650 REXIEF OF THE POOR. 

Ch. 122- Sect. 18. B^ it further enacted (f). That said Over- 
^•^"^""^-^ seers shall also relieve and support^ and in case of their de- 

Overaeers to . . - . 

rapport, or bu- cease, decently bury all poor persons residing or found in 
fotST'i^AcJr their towns, having no lawful settlements within this State, 
mT'^tti^meiK ^^^^^ ^^^^Y Stand in need ; and may ' employ them, as other 
Id this State, paupcrs mav be, the expense whereof may be recovered of 

or may employ ... 

ihem. their relations, if they have any^ chargeable by law for their 

paid. ^^^ support, in manner herein before pointed out, otherwise it 
[lb. § 18.] shall be paid out of the respective town treasuries ; and all 
Money for li- ^o^ies accruing for licenses granted to retailers, innholders 
cenpcfl on re- r^jj victuallers, shall be paid into the respective town treasu- 

tuilem, inohol- ^ ' ^ ' * 

der<«,&c.tobe rics, where such licenses are granted for the benefit of the 

paid into town r • i i i • « i 

treasuries for poo^ 01 said town ; any Jaw to the contrary notwitnstand- 

bene t o ^^ jpg . ^^d upon Complaint of such Overseers any Justice of 

the Peace in his county may by warrant directed to, and 

whicii may be executed by, any Constable of their town, oir 

[*544] any particular person by name, cause such pauper to be sent* 

Such paupers and couvcycd by land or water to any other State, or to» any 

oTie^Stoter^ j)lace beyond sea, where he belongs, if the Justice thinks 

proper, he may be conveniently removed at the expense of 

, , . the town ; but if he cannot be so removed, he may be sent 

or employed in ' ^ ' ^ ^ 

work house, to and relieved and employed in the house of correction or 
Town liable to work house, at the expense of the town ; and every town 
?^?iSTy^in- shall be holden to pay any expense which shall be neceasari- 
fofih^"relie?of 'y incurred for the relief of any pauper by any inhabitant (^), 
pauper. ^^^ liable by law for his or her support, after notice (fc) and 

(/) It is not the intent of § 18, to designate the node of gtioiog a eet- 
tlement; it proceeds on the ground that the perMDf rapplied ha^e do legal 
settlement in the State. Sanford v$, HollU^ 2 Glf. 197. Bat this section 
operates as a partial repeal of § 8, ch. 124, and § 1, ch. 127. See apj»«n- 
dix, 3 Glf. 489. 

(i^) A pauper, for whose snpport provision was made m the town of W. 
in which ehe had a netUeinent, went into the adjoining town of N. and there 
eipcnses were incnrred for her support, althoogh the paoper herself, the per- 
son with wliom she then resided, and the town, all knew that a place was 
provided for her in W, to whieh she was able to walk without any dlfficnlty. 
Held, thai N. coilld not racover of W. for enofa expenses. J^Tew Salem v$, 
Wendell, 2 Pick. 841. See ante, note e, 6, § \%. 

(h) 1. Sach notice and reqnest need not be in writing, in order to bind a 
town. Watson vs. Cambridge, 16 Mass. 286. 

2 An action against a town, by an indiviJaal, for the reifflbanennent of 



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tiBUflF W THE POOR. 651 

request made ; to the Overseers of the said lown^ and until Ch. 123. 
provision shall be made by them (t) . And where any poor ^-^'^'^^-^ 

.. • 1 • c^ JA»» t Intemperate 

person being in any town in this State, and standing m heed pauper may he 

of assistance for support, and who is notoriously sdbject to ^rrcctionTto 

habits of intemperance, it shall be tlie duty of the Overseers ^the'*ex'^in« 

of the poor in such town, to apply by complaint signed by a h^^^^tti^^J*^ 

majority of said Overseers, to any Justice of the Peace in of ihe county, in 

such County^ who shall issue a warrant thereon against such 

person ; and after a bearing beibre such Justice, if he shall 4,*voi. 8, p» 

adjudge^ that such person is notoriously subject to habits of ]^^' ^*j|^3^ p' 

intemperance, he shall order him committed to the house of ^^'^ 

coJtrectioU) to be supported at the expense of the town, in 

which he has a settlement ; and when not an inhabitant with*- 

in the State, at the expense of the county, fill discharged by 

the joint order of the Overseers of the town in which such 

house of correction is situated, and two Justices of the Peace, 

unu8 quorum* . 

Sect. 19. JBe it further enaUed^ That the inhabitants of '^^'^'^^'''^ 
any town within this State, who have incurred expense for p«^» ^^' »?»7 

, ' i» lit 11,, recover agaioat 

the support of any pauper, whether he was legally chargeable him or his rep- 
to them by means of his settlement or not, may recover the [Maaa. *Stot. 
same against such person, liis executors or administrators, in *'^*'' 24, 1818, 

BTich expense, is not limited to two years after the notice. Jb. See ante, 
note ti, 2, p. 642. 

3. A surgeon who bad performed a difficult operation on a pauper, not 
resident in the t( ' ' 1 his aettiemeot, witboat the application •f 
the overseers ofi o right of action therefor against the .town. 
Miller vs. Sonn 896. In a similar cose, the sorgeon not 
having made a d qo months»4t was bolden that the town 
would not have 1 pauper had been an inhabitant of the town. 
Kittredge vs^ A r». 44 8~ 

4. No action lies for an individual against the town of a pauper's legal 
settlement, for supplies furnished the papper, nnleia the individual be an in- 
habitant of such town. Mitchell vs. CormiUe.t 12 Ma98. ZZZ. 

(t) 1. This provision applies to paitp«ni of every description, as well those 
wbo an priK>ttWB in gaol^ as Mfa^rt. Catgmvs. Wtseawiet, 2 Mass, 649; 
JOoggett vs, Dedkam, ib. 564; Pmisvs* Htrem, 12 Metss, 262. See ante> 
vol. 1, p. 461, note<i. 

2. It is applicable to a )^isonfer confined for not obeyhig the Order of 
Conn foU the mainteiianee 6f a bastard chUd. Sttyward vs. Alfred, 6 Muss. 
244. : ^• 



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052 REucp or The poor. 

Ch* 122. an aetion of ' assumpsit, for money paid, laid oul, and ex- 
^■^"^•^^^ pended for his use (j). 
On the death of Sect. 30. Be it further enacted^ That upon the death 
tJ^^ml toke ^^ ^y pauper, who at die time of liis decease shall be actual- 
possesBion of fy chargeable to any (k) town within this State, the Over- 
rib § 6.1 seers of the poor of such town may take into their possession 
adm^inbiration «W the pcTsonal property belonging to such pauper. And if 
wch'"Jfecto^' no administration shall be taken upon the estate of such pau- 
miy be gold 10 per, within thirty days after his decease, said Overseers may* 
&c. by over- Sell SO much of such property, as may be necessary to repay 
[*545] the expenses incurred for such pauper. And if any part of 
haTed^^sa^ such property shall be withhdd from said Overseers, they 
cove^^e^iT ®^^ ^^^^ tbesame remedy for the recovery of such proper- 
wiUiheid^ad- xy or the Taloe thereof, that an administrator of the estate of 

ministrators* , , 

said pauper mifl^ have in like case. 
Id all actioM S*^CT. 21. Beit further enacted^ That in all acdons ttid 
&c. by com- prosccutions by complaint founded on this act, for or afiniinst 

plaint, &c. '^ ..,..,,, ^ i. 1 

orcweefi may any town, or agamst any individual, the Overseers of the poor 
ifemscives or thereof, or any person, by wriung, under their hands, ap- 
attorney, &c. pojot^d, shall and may appear, prosecute or defend the 

(j) In the case of Deer hie vs. Eaton 4r ux, 12 Mass 828, decided be- 
fore the enactment of this provision by Massachusetts, viz. June 1815, it was 
held that a paaper is not liable to the action of the town, wherein he is 
lawfully iettled, for any monies paid on his account in character of a paa- 
per. In the case of Hanover vs. 7\tmer, 14 Mass. 227, also decided an- 
terior to the said enactment by MassiLchusetts, viz. July 1817, it was held, 
that if the overseers of the poor relieve the wants of the wife, whose hus- 
band has a legal settlement in another town, an action at common law lies 
for the town whose overseers farniished the relief, againat the husband, not- 
withstanding the statute remedy against the town, wherein he is settled. In 
Med/ord vs. Learned, 16 Mass. 216, it was held, that an action will not 
lie under § 19 for expenses incurred by a town antecedent to the passage of 
this «ct. 

(At) 1. Where overseers of the poor, upon the decease of a pauper, take posses- 
sion of his eflbots, pursuant to St. 1818, c. 186, § 6, and administration is 
not taken oat lyithin thirty <li^« from his decease, they may sell so much of 
the property as shall be necessary ta repay the expenses 'inearred for sooh 
paaper, notwithstanding tjye appoioimeoft of ao administrator before the sale 
takes place. Haynes vs. Wells fy al. 6 Pick, 462. 

2. In trover by the admRiistrator of a paofer agaNUt the oveneers, for 
articles fairly sold by anction pursuant to that statoto and p'brohaaed by one 
of the overseers himself, the purchase was held not to be invalid. 75. 



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BELISP OF THE POOR. 653 

same to final judgment and execution, in behalf of such Ch. 122. 
town ; and every act or thing required or authorized (Z) by rJ^^^^"^ 
them to be done by this act, may be done by them, or the Feb. sJb, itim, 
major patt of them. 

Sect. 22. Be it further enacted^ That if any person Penalty for 
shall bring and leave any poor and indigent person in any ^""^^^^J®*" 
town in this State, wherein such pauper is not lawfully set- »" any ^^^^ 

,,,.,, . 1 . t. where he has 

tied, knowing him to be poor and indigent *, he shall forfeit no setaement. ' 
and pay cbe sum of sixty dollars for every such offence ; to [ib. § 16.] 
be sued for and recovered by, and to the use of such town, 
by action of debt, in any Court proper to try the same. 

SpCT. 23. Beit further enacted(m)y That the plantafions plantations 
in this State, be and they hereby are, empowered to raise ^^7*^^rt 
money fb* the relief and support of the poor therein ; to l>e'^P^^J[°^!^^ 
applied byihe Assefssors thereof; and all monies accruing for Hce^ses. 
licenses as aforesaid, in plantations, shall be paid into the res- 
peetive treasuries thereof for this purpose. [Approved March 
21, 1821.] • 

(/) Overseers are justifiable in advancmg mooey, employing counsel, and 
rendering assfstance in the proseciltion of a bastardy process, the complain- 
ant being p0or, and an inhaMtant of their town. Dtimttt ««. Jfcoers tf 
al9.7 Qlf. S99. 

(m) 1. In an action nndor the pro?i*ions of § 22, Me mtent of the defend- 
ant is a fact to be found by the jnry — and the fin/oti/tc/neM ^ Me mtenium 
is what constitutes the offence. Inkbta. of Sanford vs. Emery , 2 G^f, 6. 
The offence intended to be punished, is the bringing of a poor person into a 
town with itUetH to leaTO kim tbero, a charge and burthen on Boch town. 

2. An oyeneor of tbo po«r of o*e town eoq>loyed an agent to <uurry a poor 
and Indigent person to another town on the direct roa4 towarda the plaee4» 
which soch poor person was travelling, bat the agent carried him to a differ* 
ent town. Held, that the overseer might lawfully endeavor to avoid a charge 
upon his own town by helping such person on his jonmey ; that whether he 
intended to do this, or to throw tho expense of supporting snch person on anoth- 
er town, contrary to St. 1794, e. 59, § 15, was a question for the jury; and 
that his intention being found to be ini^ocent, the deviation from his orders 
did not subject him to the penalty of that section. Jnhbts. of Deerfietd vs. 
Delano, 1 Pick. 465. • . 

8. A person having a settlement in -MMMushMetts proper, but living in 
the District of Maine at the time of its separation trom Bfaosachusetts, does 
not by the tepafation aeqnire a setUement in thia State; and the penalty of 
§ 22 is not incnrred by bria^ng sneh » p6noit» being a panperi to llie plaoe 
of her settlement in Maasaehosetts, and leaving her there. MkUUeboraugh 
vs, Clark, 2 Pick. 28. 



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054 FOREIGN PAUPfat»..«WOaK HOUSES. 

Ch. 123. Chapter !««. 

AN ACT to prevent the introduction of Paupen from foreign ports or places. 

Se it enacted by the Senate and Howe of Reffresen^n- 

tivesy in Legislature assembled. That when an/ ship or v€s- 

Master to leave scl having any passengers on board, who have no settlement 

the names of .t*<«^> tn • li •!• 

passengers Within this State, shall arrive at any port or harbour within 

whh the over- ^j^ State, the master of such ship q^r vessel shall, before such 

[♦546] passengpj-fi come on shore, le^ve a Hat of their names* and 

places pf residence with the Selectmen or Overseers of the 

poor of the town where sucl^ passengers diall arrive* And 

the (Qaster of uuch ship or vessel shall not land aqy such per- 

bond before soiis, without the permission of the Selectmen unless he shall ■ 

landing them • ■ , , 

to indenmify enter into bonds with sufficient sureties, to the satisfaction of 
said Selectmen, in a aura not exceeding five hundred dollars 
for each passenger, to iademnify and save harmless sw^ town 
as well as the State from all manner of charge and expense, 
which may arise from such passengers, for and during the 
term of three years ; and if the master of any such ship or 
vessel, shall land any such passengers, without entering their 
names and giving bonds as aforesaid, he shall forfeit and pay 

Penalty of oeg. ^j^g g^j^ of two hundred dollars for each passenger so landed, 
to be recovered by action of debt, by any person who shall 
sue for the same, one moiety thereof to the use of the State, 
and the other moiety to the prosecutor : Provided, That this 
act shall not take effect, tintil the first day of October next, 
and that nothing in this act shall be consfrtied to extend to 
the master of any ship or vessel, in any voyage, on which 
s«ch ship oi* vessel, may now be employed. [Approved June 
27, 1820.] 



Towns ma; 



mav 
work 



Cbapteir, 124. 

AN ACT for erecting Work Houses for the reception and employment of the Idle 
and Indigent, 

Sect. .1. Bf^ it enacted by the Se^e and House of 
Repre^ntoHHf, in LegiikOw^ Wiombkd, That ti^hen any 



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WORK HOUSES. 655 

town in this State shall see meet to erect or provide a house Ch. 1S4. 
for the reception, support, and employment of the idle ^"^"'C*^ 
and indigent, such town shall be, and hereby is fully author- Jan. lO, 1789, 
ized and empowered this to do ; and the towns aforesaid, as 
well as those who have already erected such houses, are here- 
by empowered, at their annual meeting, for the choice of town 
officers, to choose three, five, seven, or more Overseers of and chooM 
the said house ; who shall have the inspection and govern- 
ment thereof, with full power of appointing a roaster, and and dutm. 
needful assistants for the more inmiediate care and oversight 
of* the persons received into or employed in the said house ; £»64T] 
which Overseers, once in every month, and at other times as 
occasion shall require, shall assemble together for the pur- 
pose of determining the most eligible method of discharging 
the duties of their office : and at their stated monthly meet- 
ings shall have power to make needful orders and regulations! [fSee ch. 429, 
for such house, which orders shall be binding until the next * 
public meeting of the inhabitants of such town, to whom such 
orders shall be presented for approbation ; and when by them 
approved, shall be obligatory, until revoked by the town. 

Sect. 2. Be it further enacted^ That when any num- several town* 
ber of towns shall agree (at their joint charge, and for their £5fdinff "woA 
common benefit) to erect or provide a work house for the lw>«8«» «c, 
employment of persons residing in such towns that are indi- 
gent or idle ; or to purchase land whereon to erect such house, 
or for the accommodation thereof, they shall be and hereby are 
vested with power and authority this to do ; and the ordering 
and governing the same, making the necessary repairs thereof, 
appointing a master and other assistants, and the power of re- 
moving him or ihera from their respective offices or trusts for 
irregular behaviour, incapacity, or for other sufficient cause, 
shall be vested in Overseers, to be from year to year special- 
ly chosen by the several towns, at their annual meeting for 
the choice of town officers ; each town to choose three, un- Modeofcboos- 
less all the towns engaged in the undertaking shall agree upon JSS^rommng 
a different number : and in case of the death of an Overseer, ti>e conoerMof 

^ ' nich W9m 

or his removal from the town for which he was appointed, the honaea. 
vacancy made thereby may be supplied by such town, at any 
other public meeting : and if any town concerned shall neg- 
VoL. If. 15 



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656 WORK HOUSES. 

Ch. 124. lect to choose such Overseers, in such case tlie person or 
^-^"^^"^^ persons, chosen in the other towns may proceed in all affairs 
of the said house, any such neglect notwithstanding. 

Overfiecrs to Sect. 3. Be it further enacted^ That there shall be sta- 

au^orl^h^Salca ^^^ quarterly meetings of all the Overseers, on the first Tues- 
day of the months of January, April, July and October, an- 
nually, to be held at the work house, in order to inspect the 
management, and for directing the business thereof ; and be- 

meetings.**** sides those Stated meetings, intermediate ones to be held at 
[♦5481 ^®* work house, may be caUed by the Overseers of any 

^, . town concerned ; due notice of tlie time and occasion there- 

Their powers ^ ' 

and proceed- of being given to the rest in such way and manner as shall be 
agreed upon by the Overseers, at any general stated meeting : 
K«A-A ^^^ ^^^ ^^^ Overseers, when duly assembled, may choose a 
moderator and Moderator ; and at their first general meeting annually, after 
their appointment, they shall Ukewise choose a Clerk, to en- 
ter and record all votes and orders that shall be made and 
passed by the Overseers, who shall be sworn to the faithful 
discharge of his trust. 

Sect. 4. Be it further enacted ^ That the Overseers for 
make byc^^ the time being at a general quarterly meeting, provided one 
UM* fcci^fclT" ^f' ®^ ^^® least, of the whole number chosen are present, 
shall have full power and autliority to make aU reasonable or- 
ders and bye-laws, not repugnant to the laws of this State, 
for the ordering and regulating the said house, and th« affairs 
thereof : which orders and bye-laws shall continue and be in 
force, until altered, annulled or reversed by them or their 
successors in ofiSce, and may likewise agree with the master 
or other assistants, and order meet allowance for their care 
and service : and all other matters of less importance, relat- 
ing to the said house, may be transacted at any other meeting 
duly notified, when only one third part of the Overseers are 
present ; subject nevertheless to be altered or reversed at any 
general stated meeting. 
CompeosatioD Sect. 6. ^6 i( /tcWAer enadeJ, That the yearly Stipend, 
of master and or allowance, to the master and assistants, over and above 

assistants lo be ^ / 

borne by towns what is provided for by this act, for their care and trouble, 
together with charge of keeping the house in repair, shall be 
paid by the several towns concerned, in proportion as they 



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WORK HOUSES. 657 

are taxed to the State, at the time the expense is incurred ; Ch, 124. 
or in such other proportion, as all the towns concerned shall ^^^v-i^^ 
agree upon : And, if any town or towns shall refuse or neg- payment ma 
lect to advance, or reimburse their respective proportions of ^ compelled 
such allowance or other charges before mentioned, after they 
shall have been stated and adjusted by the Overseers, the same 
may be recovered by such delinquent town or towns, in any 
Court proper to try the same, by action to be brought by 
such person o? persons, as the Overseers shall in writing ap- 
point for that purpose. 

Sect. 6.* Be it further enacted^ That any two or more (♦6401 
of the Overseers in any town, already provided with such ^2^ m^ cow- 
house, and any two or more of the Overseers in any town P»^ *<> ^^^ 

. .... hoiwe, by war- 

that, either by themselves or in conjunction with other towns, rant Huch per- 

shall hereafter erect a work house, be, and they are hereby bie to be sent, 
authorized, empowered, and directed to commit to such house 
by writing, under the hands of tlie said Overseers, to be em- 
ployed and governed, according to the rules and orders of 
the house, any person or persons, residing in such town that 
are in this act declared liable to be sent thither : Provided^ No town to 
That no greater number of persons belonging to any town, JS* jj^^r *" 
be received into the house, than such town's proportion of •**^- 
the said house to be allotted them, can accommodate, when 
the receiving them will exclude or incommode such as be- 
long to other towns ; and an order of commitment from two 
or more Overseers, directed to a Constable of the same town, 
shall, by such Constable, be obeyed and executed. 

Sect. 7. Be it further enacted^ That the persons who DcicriptioB of 
shall be liable to be sent unto, employed and governed in any |^^""JJnJ^ 
work house erected or to be erected by one or more towns, *°^ employed 

•' ^ ^ . and gttirerned 

in pursuance of this act, are, all poor and indigent persons that in work 
are maintained by, or receive alms from, the town ; also all 
persons able of body to work and not having estate or means 
otherwise to maintain themselves who refuse or neglect so to 
do ; live a dissolute, vagrant life, and exercise no ordinary 
calling or lawful business, sufficient to gain an honest liveli- 
hood ; and all such as having some ratable estate, but not 
sufficient to render them hable to pay any tax for such prop- 
erty equal to two thirds of a poll tax, do neglect the due care 



boMi* 



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658 WORK HOUSES. 

Ch. 124. and improvement thereof; and such as spen'' their time and 
^-^"^^"^^ property in public houses, to the neglect of their proper busi- 
ness ; or by otherwise mis-spending what they earn, to the 
impoverishment of themselves and their families, are likely 
to become chargeable to the town or to the State. 
Idle or indi- Sect. 8. Bc it further enacted y That when any foreign- 
gent foreigners ^f Qf other pcrson, uot a lecal inhabitant of any town within 

may be sent to r ' o ^ j 

such house and this State, shall becomo idle or indigent, it shall be the duty 
therc?^ of the Oversccrs of the town in which such person resides, 

or any two of them to commit such idle or indigent person to 
[♦550] the* work house belonging to the same town, or in which 
such town is interested ; and the person or persons so com- 
mitted, shall be under the care of the keeper of such house, 
and be employed, if capable of labour, in the same way and 
manner as is herein before directed, and shall be subject to 
the same rules and regulations as others committed to said 
OTerseert to J^o^sc. And such Overseers shall keep a fair account of the 
keepafeirac- charge of supporting such idle or indigent person from time 
laid before the to time, and shall exhibit the same once in every year, at the 

Legislature for ^ j ' 

allowance. least, to the Legislature, for allowance and payment, deduct- 
ing therefrom tlie amount of such person's earnings. 
Penalt for Sect. 9. Be it further enacted^ That if any town shall 

towns neglect, rcfusc or ncglect to provide its proportion of the needful fur- 

ing to furnish . - , , i * i • i 

its proportion niture for such house, or the materials, implements or other 
materials" &c. nccessary apparatus for carrying on the work there to be per- 
formed, according to their agreement, or as shall be directed 
by the Overseers, such town shall be deprived of the privi- 
lege of sending any person thither, until they shall comply 
with such agreement or direction. 
^ Sect. 10. Be it further enacted. That beside the afore- 

Towns may ^ . - 

fiirnish more said proportion of materials and other things to be found by 

than its pro- . - , ,., . . i , 

portion of ma- the towus Concerned, each town may likewise provide such 
toob^in^tain ^^^^^ materials and tools for work, as the Overseers for such 
*^^*^' town shall determine, any person by them committed to the 

said house, can be employed about, more advantageously : 
Master to keep ^^^ ^^^ master of the house shall receive such materials and 
wSir Md^ be ^°°^^> ^^ '^^^P ^^^ separate and apart from those sent from 
accountable for any Other town, and shall be accountable to the Overseers of 

prime cost, as "' i, ^ , . .. ,. 

well as profits, each town concerned| as well for the prime costs, as for all 



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WORK HOUSES. 659 

profits and'b^ings that shall be made by the labour of those Cii. 124. 
beloncine to 'such town under his care ; and shall keep a reg- ^:^^"^C^^ 

- , >. , .111 And ahaU keep 

ister of the names of the persons, committed to such work a register, &c. 

house, and of the towns to which they respectively belong, 

with the time of their being received into, and discharged 

therefrom, and of their earnings, that the same may appear to 

any of the Overseers whenever they shall incline to inspect 

them : and all controversies between the master or keeper of Overseers to 

such house, and the Overseers of any town, touching his ac- T^iJ^^^ 

counts, or other his affairs whatever* respecting the work J^J^S|I*^ac- 

house, may be determined by the Overseers of the house at «>«nf"»f^c- 
, •' [•5ol] 

a general or quarterly meetmg. 

Sect. 11. Be it further enacted^ That no town shall be j^ .... 

charceable for the relief or support of any person committed to support any 

, . one not sent l^ 

to the said house, who was not sent thither by the Overseers overseers of 
belonging to such town ; nor shall any person orderly com- ^^^ nenom 
milled to the said house be discharged therefrom, but by the "?*y ^ <*'»- 

. charged from 

Overseers that made the commitment, or by the Overseers said bouse, 
at a general or quarterly meeting, or otherwise by the Circuit 
Court of Common Pleas in the same county, upon applica- 
tion to them made for that purpose. And every person thus 
committed if fit and able to work shall be kept diligently 
employed in labor, during his or her continuance there : and 
in case the person so committed, shall be idle and not per- 
form such reasonable task or stint as shall be assigned ; or 
shall be stubborn and disorderly, they shall be punished ac- 
cording to the orders that shall be made for ruling, govern- 
ing and punishing the persons there committed, not repug- 
nant to the laws of this State. 

Sect. 12. Be it further enacted^ That one third part profit of la- 
of the profits or earnings of the work done by the persons '^"' ^^ 
detained in such house, shall be to the master for, and toward 
his support, over and above such further annual stipend as 
the Overseers may allow him : and the prime stock, togeth- 
er with the other two thirds of the profits shall be disposed 
of by the Overseers of the respective towns, to whom it be- 
longs, either to the master towards his services, or for the 
support of the families of the persons there detained, if any 
such they have, or otherwise for the use of such town as oc- 
casion shall require. 



di. 



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WATCHES AND WARDS. 

Sect. 13. Be it further enacted^ That any work house 
erected or provided as aforesaid, may be discoatinued or ap- 
discontinue"' plied to any other use whenever the town or towns concern- 
&c. ' ed, shall find their circumstances require it, and shall agree 

thus to do. [Approved March 15, 1821.] 



Towns may 



[*<»3) Chapter 195.* 

AN ACT for keeping Watches and Wards in towns, and for preventing disorders 
in streets and public places. 

Persons liable Sect. I. fiEtt enacted by the Senate and House of 
^^^ ' Representatives^ in Legislature assembled^ That all male 
rjfass. Sut. persons of the age of eighteen years and upwards, being able 
§ 1.] ' ' of body, or having estate sufficient to hire, shall in their re- 
spective towns, be liable to watch and ward, either in their 
own persons, or by some other sufficient person or persons 
in their room when duly warned to attend the same in the 
manner hereinafter mentioned, except all persons who shall 
live more than two miles from the place where the watch or 
ward is kept : and except Ministers of the gospel. 
Justices and se- Sect. 2. Be it further enacted^ That the Justices of 
lectmentobave the Peace, tocether with the Selectmen of each town in this 

power to estab- ' o 

fish a watch State, shall have power from time to time, to direct and or- 
to^sunriM^ ^ der a suitable watch or watches to be kept nightly within such 
[lb. § 2 1 iovfn from and after nine o'clock in the evening until sunris- 
aiso a ward in ^"g !» ^^^^ morning ; and also a ward to be kept in the day 
day time. ^jj^g ^^^ evenings when they shall think the same watch or 
[tSee addi- ward necessarv fi and to appoint the number of persons 

tionalact.] .-,111 .11 1 1 • 

whereof the same shall consist, the place or places wherem 
they shall be kept, and the hour or hours for keeping the 
Mode of pro- same ; and to give orders in writing accordingly, signed by 
wamTng ^tch a major part of such Justices and Selectmen, directed to any 
by i:onstabie. fjQjjstable or Constables of the town empowering and re- 
quiring him or them from time to time, to warn such watch 
or ward, and to see that all persons, so warned by him, or 
them, do attend and do their duty in such manner as shall be 
required ; and in the warning thereof to take care that some 



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WATCHES AND WARDS. 661 

able householders, or other sufficient persons be joined in Ch. 125. 
each watch or ward. And such Constable or Constables ^^"^""^"^^ . 

Duty of watcbf 

shall charge the watch to see that all disturbances and dis- &c, 
orders in the night be prevented and suppressed ; and to 
examine all persons whom they shall see walking abroad in 
the night after ten o'clock, and whom they shall have rea- 
son to suspect of any unlawful intention or design of their 
business abroad at such season and whither they are go- 
ing;* and in case they give not reasonable satisfaction [♦553] 
therein, then to secure by imprisonment or otherwise, all 
disorderly and suspicious persons to be safely kept until 
morning ; then to carry them before one of the next Justi- 
ces of the Peace to be examined and proceeded against, ac- 
cording to the nature of their offences, as is by law directed. 
And such watchmen shall walk the rounds in and about the 
streets, wharves, lanes and principal inhabited parts withm 
such town, to prevent any danger by fire, and to see that 
good order is kept, taking particular observation and inspec- 
tion of all houses and families of evil fame, and shall strictly 
observe the charge to be given them as aforesaid. And each 
Constable when attending watch or ward, shall carry with 
him the usual badge of his office. 

Sect. 3. [Repealed. See cb. 434, § 3, vol. 3, p. 278. 

It provided for the organization of a watch in any other manner than is provid- 
ed in this act, when said Jnsticei and Selectmen deem it expedient; also [lb. § 3.] 
for biying the expenses thereof upon inhabitants.] 

Sect. 4. Be it further enacted. That whenever a watch ^ 

*' Towns to 

shall be so appointed and agreed upon different from a Con- agree as to the 
stable's watch, the number and qualifications of the persons, of watch, 
whereof it shall consist, shall also be agreed upon by the said [ib. § 4.] 
inhabitants of the town, observing the rule prescribed m the 
first section of this act ; and one sober, discreet, able bodied 
householder shall be appointed officer of the watch by said Duty of watch* 
Justices and Selectmen, to take the charge and command of °^' 
such watch, who, as the badge of his office, shall carry a 
quarter pike with a spire on the top thereof ; and every watch« 
man as well in this, as in the Constable's watch, shall carry 
a staff with a bill fastened thereon, as is usual. And the pow- Their power, 
ers and the duties of the said officer and watchmen shall be* [«554] 
the same as are before prescribed in the second section of 
this act, in the case of a Constable's watch. 



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662 WATCHES AND WAUDS. 

Ch. 126. Sect. 6. Be it further enacted, That if any person lia- 
^-'""^"'^ ble to watch or ward as aforesaid, being duly warned by the 
negiecuDff to officcr of the watch or Constable, or by other person ap- 
warnedr *" pointed by such officer or Constable, shall refuse or neglect 
rn* § 5.] ^^ appear and attend his duty in that respect, either by him- 
self or some other sufficient person in his stead, and be there- 
of convicted before a Justice of the Peace, either by the 
oath of the Constable, officer or other sufficient testimony on 
oath, without a just and reasonable excuse to be made and 
given for the same, he shall forfeit and pay for each offence 
the sum of one dollar, to the use of the town with costs of 
prosecution, to be levied by distress and sale of the goods and 
chattels of such offender, or otherwise be committed to pris- 
. - on until the same shall be paid. And if any Constable or of- 
oegieci of duty ficer of the watch shall neglect or refuse to observe and per- 
form the orders he shall from time to time receive, he shall 
forfeit and pay to the use of said town, a sum not exceeding 
ten dollars, to be levied as aforesaid. 
When Justice! Sect. 6. Be it further enacted, That when the said Jus- 
walk by Diffht tices of the Peace and Selectmen shall think fit to walk by 
c^nSSbte^* and "ight to inspect the order of the town wherein they dwell, 
tend them &c' ^^^^ ^^ ^^^^ Constables and watchmen shall attend them as 
[lb. § 6.] shall be required to do the same, and obey their lawful com- 
mands. 
Gaoler's fees Sect. 7. Be it further enacted, That the fee to the gaol- 
for commit- g^ f^,. ^^^y^ person taken up in the night, and committed to 
[H). § 7.] be secured only till the next day, shall be twenty-five cents 

and no more. 

Penalty for Sect. 8. Bc t* /urf/icr cnac^crf. That if any person shall 

k!^"K^«r '*^® w'^h a naked scythe, ground and hung in a snealh, on the 

d^.^ in high- highways or through any lanes, streets or alleys, the person so 

[lb. § 7.] offending shall forfeit and pay for each offence two dollars. 

Penalty for as- Sect. 9. Be it further enacted, That if any persons to 

nTht *w^ith?m *® number of three or more, between sunsetting and sunrls- 

ages, pageants, jng, being assembled together in any of the streets or lanes in 

any town, shall have any kind of imagery or pageantry for a 

^ '^ '^ public show, although none of the company so assembled, 

[*555] shall* be armed or disguised, or exact, demand, or ask any 

money or thing of value, every person being of such compa- 



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KINE POCK. 663 

ny shall forfeit and pay the sum of eight dollars, or be im- Ch. 126. 
prisoned not exceeding one month. v-^-v-^^ 

Sect. 10. Be it further enactedj That if any person Penalty for 
or persons shall set fire to any pile of combustible stuff, or be fi,^,*"|cc^"n 
any ways concerned in causing or making a bonfire in any ^^ **'^** 
street or lane, or any other part of any town within this State, t^- § ii-l 
such bonfire being within ten rods of any house or building, 
every person so offending, shall, for each offence, forfeit and 
pay the sum of eight dollars, or be imprisoned not exceeding 
one month. The several fines in the eighth, ninth and tenth Fines how re- 
sections of this act, shall be recovered, with costs of prose- ^^^ 
cution, one moiety of said fines to the use of the town where- 
in the offence shall be committed ; and the other moiety to 
him or them who shall sue for the same. And all masters are Parenta liable 
hereby made liable to pay the several fines as aforesaid in this uin^™**"**^' 
and the two next preceding sections, for the offences of their 
servants ; and all parents for the offences of their children 
under age and not being servants. [Approved February 24, 

1821.] 

Additional Act, cb. 434, Vol. 3, p. 277. 



Chapter Idd. 

AN ACT to difiiiM the benefits of Inoenlatioit tot the Kioe Pock. 

Sect. 1. Jl>E it enacted by the Senate and House of _ 
Representatives^ in Legislature assembled^ That it shall be the quired to 
duty of every town, and plantation within this State, wherein intendants^f 
no board of health shall be established by law, at their annu- >«»«'*»^«»' 
a1 meetings for the choice of town officers, to choose, in the 
manner in which other town officers are by law chosen, three 
or more suitable persons, whose duty it shall be to superin- 
tend the inoculation of the inhabitants of such town, or plan- 
tation, with the kine pock. 

Sect. 2. Be it further enacted^ That it shall and may be 
lawful for the inhabitants of any town, or plantation, at any of vide for inoc- 
their said annual meetings, to provide for the inoculation of ^U^^ 

Vol. II. 16 



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(jg4 SMALL POX. &c. 

Ch. 127. the inhabhants of such to^tn or plantatiott with the kine* pock 
^-'"^^^ under the direction and controul of said superintendants, or 
ry fSnds^Sre- a board of health, where such board is established; and to 
^"^^ raise all necessary sums to defray the expense of ?uch inocu- 

lation, or such part thereof as they may deem proper, in the 
same way and manner that other town charges are by law de- 
frayed. [Approved February 14, 1821.] 



dtapter 107« 

AN ACT to prevMit tht •prtading of the SmaU Pox, and otbtr Contagiont Skk- 

Sect. 1. Be tt enacted by the Senate and House of 
June 22, 1797, Representatives^ in Legislature assembled ^ That for the better 
preventing the spreading of infection, when it shall happen 
that any person or persons coming from abroad, or belonging 
to any town or place within this State, shall be visited, or 
shall lately before have been visited with the plague, small 
pox, pestilential or malignant fever, or other contagious sick- 
ness, the infection whereof may probably be communicated 
make provis- iq others ; the Selectmen of the town where such person or 

ion for sick . i i t j i 

persona arriv- persons may arrive or be, are hereby empowered to take care 
focted^^^coi' and make effectual provision in the best way they can for the 
SeraTuTtaS preservation of the inhabitants, by removing such sick or in- 
pbces. focted person or persons, an4 placing him or them m a sepa- 

rate house or houses, and by providing nurses, attendance 
and other assistance and necessaries for them ; which nurses, 
attendance, and other assistance and necessaries, shall be at 
the charge of the parties themselves, their parents or masters, 
(if able,) or otherwise at the charge of the town or place 
whereto they belong ; and in case such person or persons are 
not inhabitants of any town or place within this State^ then at 
the charge of die State. 
kSnS»*'i2!' Sect. 2. Be it further enacted, That any person orper- 
fecied piam gons comipg from any place out of this State, where the small 
wiien dniy re- pox or Other malignant distemper is prevaihng, into aqy tpvrn 



Digitized by VjOOQIC 



re- 
with- 



SMALL rOX. &c. 66i 

within this Statd sball^ when thereto required by the Sdect- Ch. 127. 
men of such towo, within the space of two hours from the ^^^^'^JJ^j^ 
time they shall \m fic^ informed of their duty by law in this oomine, pkcd 
particular, give notice to oiw^j-^ more of the Selectmen, or* ' [♦ftSTi 
the Clerk of such town, of their co^U^ there, and of the ^^^Lfoi&c. 
place from whence they came, upon pain of forleiu<v^ Jn case 
of neglect, the sum of one hundred dollars ; and such person sod. pcr«ani 
or persons, if not disabled by sickness, shall, within the space gtatef iTai^ 
of two hours after warning given to him or them by the Se- ^^*°^j^JJJ 
lectmen of such town for that purpose, depart from this State m*y remoYe 
in such manner, and by such road, as the said Selectmen shall 
direct, and in case of refusal, it shall be lawful for any Justice 
of the Peace in the county where such town may lie, by war- 
rant directed to a Constable or other proper officer, or other 
person whom the Justice shall judge proper to cause such 
person or persons to be removed into the State from whence 
he or they may have come. And any person removed by p^^^jy ^^ 
warrant as aforesaid, who, during the prevalence of such **^{-U^*^ 
distemper, shall presume to return into any town of this from guch Jon- 
State, without liberty first obtained from such Justice, shall 
forfeit and pay the sum of four hundred dollars ; and any 
inhabitant of this State who shall entertain in his house any ?^2,2t ftJ 
person warned to depart as aforesaid, for the space of two JJ^T^^, 
hours after notice given him of such warning by one or more wmraed to ^ 
of the Selectmen aforesaid ; shall forfeit and pay the sum of 
two hundred dollars. 

Sect. 3. Be it further enacted^ That it shall and may Selectmen to 
be lawful for the Selectmen in any town near to, or border- ^M*to ^^ 
ing upon either of the neighbouring States, to appoint, by ^®^^; f^^^ 
writing under their hands, some meet person or persons to ^^Jf*^^ 
attend at ferries or other places by or over which passengers in. 
may pass from such infected places ; which person or persons [ib. § 8.] 
so appointed, shall have power to examine such passengers 
as they may suspect to bring infection with them, and if need 
be, to hinder and restrain them from travelling, until licensed 
thereto by a Justice of the Peace within such county, o^ by 
the Select^ien of the town in which such person or persons 
may come ; and any passenger who, coming from such in- ^^^^^^ 
fected place, shall (without license as aforesaid) presume to »nfi«t#<ip>*o«. 



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666 



SMALL POX, &c. 



Ch. 127. 

without leave, 
travelling in 
this State, un- 
lew, &.C. 

[♦558] 
Penalties how 
to be recover- 
ed. 



Two Jotticef 
may by war- 
rant remove 
such sick per- 
sons, and im- 
press lodgings. 



and attend- 
ance. 

[lb. § 4.] 



Sheriff or con- 
stable to exe- 
cute such war- 
rant. 

Power of se- 
lectmen and 
Justice with 
regard to in- 
fected bag- 
gage, &c. 

[lb. § 6.] 



(o have it 
guarded. 



travel within this State, unless it be to return by the most di- 
rect way to the State from whence he came, after H4> stiall be 
cautioned to depart by the person or p^^rsons appointed as 
aforesaid, shall forfeit and rv ^^ sum of one hundred dol- 
lars ; the severiJ /orfeitures aforesaid to be recovered* by 
action ot debt, in any Court of Record proper to try the 
same ; one moiety to and for the use of the town where the 
offence shall be committed, the other moiety to the use of the 
person who may sue for the same. 

Sect. 4. Bt it further enacted^ That if need be, any 
two Justices of the Peace may make out a warrant directed 
to the Sheriff of the county, or his deputy, or Constables of 
the town or place where any such sick person or persons 
may be, requiring them, or any of them, in the name of the 
State, with the advice and direction of the Selectmen of the 
same, to remove such infected person or persons, or to im- 
press and take up convenient houses, lodging, nurses, atten- 
dance and other necessaries, for the accommodation, safety 
and relief of the sick. And such Sheriff, his deputy and Con- 
stable, are hereby authorized and required to execute such 
warrant accordingly. 

Sect. 6. Be it further enacted^ That whenever there 
shall be brought into any town within this State, either from 
any other town therein, or from parts without the State, any 
baggage, clothing or goods of any kind whatsoever, and it 
shall be made to appear by the Selectmen of the town to 
wliich such baggage, clothing or other goods shall be brought, 
or by the major part of such Selectmen, to the satisfaction of 
any Justice of the Peace, that there is just caCkse to suspect 
baggage, clothing or other goods to be infected with the plague, 
small pox, pestilential fever, or other malignant contagious 
distemper ; it shall be lawful for such Justice of the Peace, 
and he is hereby required, in such case, by warrant under 
his hand and seal directed to the Sheriff or bis deputy, or any 
Constable of the town in which such baggage, clothing or 
other goods shall be, requiring him to impress so many men 
as said Justice shall judge necessary to secure such baggage, 
clothing or other goods, and said men to post as a guard and 
watch over the house or other place or places where such 



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SMALL VOX, &c. 667 

baggage, clothing or other goods shall be lodged ; which Ch. 127. 
guard and watch are hereby required to take effectual care to ^^^^^^-^ 
prevent such baggage, clothing or other goods being removed 
or intermeddled with, by any persons whatsoever, until due 
inquiry be made into the circumstances thereof ; requiring 
likewise the said Sheriff, his deputy* or the Constable afore- [•559] 
said, if it shall appear necoesary, with the advice and direc- 
tion of said Selectmen, to impress and take up convenient 
houses or stores, for the receiving, lodging and safe keeping 
of such baggage, clothing or other goods, until the same shall 
be sufficiently cleansed from infection : and in case it shall 
appear highly probable to the said Justice, that such baggage, 
clothing or other goods are infected as aforesaid he is hereby 
empowered and directed to issue his warrant in manner as 
aforesaid, requiring said Sheriff, his deputy or any Constable, 
or other person therein specially named, to remove said bag- orremoTed. 
gage, clothing or other goods, to some convenient place 
where there shall be the least danger of the infection spread- 
ing ; there to remain until the same shall be sufficiently aired 
and freed from infection, in the opinion of said Selectmen : 
and the said Sheriff, deputy Sheriff.or Constable, in the ex- sheriff may 
ecution of said warrants, are empowered and directed, if need hoiwes,&^ and 
be, to break up any house, warehouse, shop or other place fn^wicution'of 
particularly mentioned in said warrant, where such baggage, *h«»r warrant, 
clothing or other goods shall be ; and in case of opposition to 
require sucli aid as shall be necessary to effect the execution 
of said warrants, and repel such opposition ; and all persons Disobedience, 
are hereby required at the Commandment of either of said of- p«»a''y fo*"; 
ficers, having either of the warrants aforesaid, under penalty 
of ten dollars to be recovered before any Justice of the Peace 
in the county where such opposition may happen, to assist 
such officer in the execution of the same warrant against any 
opposition as aforesaid ; and the charges of securing such ^^'^"'^J ^^ 
baggage clothing or other goods, and of airing and transport- 
ing the same, shall be borne and paid by the o\vners thereof 
at such rates and prices as shall be set and appointed by the 
Selectmen of the town where such baggage, clothing or other 
goods shall be ; to be recovered by action of debt, by any 
person or persons who may have been employed in the busi- 
ness aforesaid, in any Court of Record proper to try the same. 



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C09 SMALL POX, ke. 

Ch. 127. Sect. 6. Be U further enacted^ That if anjr master, sea- 
^■^p^^ man or passenger belonging to any vessel, on board which 
nuuitera of ves- any infection is, or may have lately been or suspected to have 
focted'*porto!* been, or which may have come from any port where any* 
to^^aniiww "* infectious mortal distemper prevails, shall refuse to make an 
S!iA^deiect- answer on oath to such questions as may be asked him or 
■en, See, them, relating to such infection, by the Selectmen of the 

[*560] / o * * ^ 

town to which such vessel may come, (which oath the said 
Selectmen are hereby empowered to administer) such mas- 
ter, seaman or passenger, so refusing, shall forfeit the sum of 
two hundred dollars ; and in case he be not able to pay said 
sum, he shall suffer six months imprisonment ; said penalty 
to be adjudged on prosecution by indictment or information 
in any Court proper to try the same, one moiety of said fine 
to the use of the town where the offence may be committed, 
and the other moiety to the use of the Selectmen there- 
of, whose particular duty it is hereby made to prosecute there- 
Courts, may "^'*' 
•djourn from Sect. 7. Be it further enacted. That whenever the 

places of hold- *^ ' ^ 

inir.wbenmor- small pox or Other mortally infectious distemper shall prevail 
dUtempers in any of the towns wherein the Supreme Judicial Court of 
^'^^ • this State, Circuit Courts of Common Pleas, or Courts of Ses- 
[ib. § 10.1 sioDs are to be holden, at the times prescribed by law, or by 
their own adjournment, for their sitting in such town ; the 
Justices of the said Courts respectively, are hereby empow- 
ered to adjourn and hold said Courts in any tow& within the 
same county by proclamation to be made in the shire town, 
«. . . or as near -the same as safety will in their opinion permit. 

E«acb town at i« i mi ■» 

their annual Sect. 8. Be it further euoctedj That each town in this 
^h^a health State, may at their meeting held in March or April annually, 
h^A Sffic^r * or at any other meeting legally warned for the purpose, when 
rib § 11.1 ^^y ^^^ j"dg^ *^ to ^^ necessary, choose and appoint a 
health committee, to consist of not less than five, nor more 
than nine suitable persons, or one person to be a health offi- 
ty of such offi- cer, whose duty it shall be to remove all filth of any kind 
whatever which shall be found in any of the streets, lanes, 
wharves, docks, or in any other place whatever within the 
limits of the town to which such committee or health officer 
belongs, whenever such filth shall in their judgment endan- 



cer. 



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•MALL POX, 4U. 669 

ger the lives or the health of the mhabitants thereof, and also Ch. 127. 
to require the owner or occupier to remove or discontinue ^^•>^^^' 
any drain from which any such filth may proceed. All the 
expenses whereof to be paid by the person or persons who 
placed such filth there, if known ; or if not, by the town by* [♦56ii 
which the said committee or health officer was appointed. 
And whenever any filth or drain as aforesaid shall be found 
on private property, said committee or health officer shall 
notify and order the owner or occupier thereof, after twenty- 
four hours' notice, to remove the same or discontinue such 
drain at their own expense ; and in case said owner or occu- 
pier shall neglect to remove such filth from his or her prop- 
erty or to remove or discontinue such drain after die expira- 
tion of the time aforesaid, he or th^y so ofibnding shall for- 
feit and pay a fine of one hundred dollars, to be sued for and 
recovered, with cosu of suit, by said committee or health 
officer, before any Court proper to try the same, for the ise 
of the poor of the town in which such offence is comnutted : 
and said owner or occupier as aforesaid shall be liable and 
obliged to repi^ to said town all cost and charges which the 
said committee or hedth officer may have incurred in remov- 
ing the filth from his or her property ; and in case of refusal 
to pay the same, he or they m»y be sued in the same way 
as is provided in this act for the recovery of fines as aforesaid. 

Sect. 9. Beit funh$rtna€t0d^ That whenever any ves- \eamh awiv- 
sel shall anrive at any port within this State, having on board s^t]"|,^* 
any person visited with the plague, small pox, maliguant fe- any infect^ 
ver, or any other pestilential disease, the master, command- bo^, iMt to 
er or pilot thereof, shall not J^«^g such vessel up near the w'iJw'i^J^ 
town of the port whai^ she first arrives, until liberty be first ^• 
granted, in wri«i»g by the Selectmen thereof ; but they may bat to anchor 
bring such vessel to an anchor in such place below the town, ^^^' 
as will be most for the safety of Ae inhabitants thereof, and ^^' ^ ^^*1 
the preservation of the vessel and the people on board, there 
to wait for orders from the Selectmen of such town before ^^ ^^^ ^^.^ 
any passenger or person belonging to, or any thing on board ^^ otden. 
the same be brought on shore : and any master or command- 
er of such vessel who shall be found guiky of a breach of the ^^^ ^''' 
law contained in this section, shall forfeit and pay a fine of pro^uion. 



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C70 SMALL POX, lie. 

Ch. 127. two hundred dollars for every such offence, upon conviction 
y^^Y^^ thereof before any Court proper to try the same. And any 

Fines, how re- ... i j r i . m , 

covered and pilot who may go On board any such vessel and pilot the 
^^^ '^ ' same up to the town, without liberty first had and obtained 

from the Selectmen thereof as aforesaid, shall upon convic- 
[♦562] tiQn# in manner as aforesaid, forfeit and pay a fine of fifty 
dollars for every such offence : all which fines contained in 
this section may be sued for and recovered, with costs of 
suit in manner as aforesaid, by the Selectmen of the town 
where the offence is committed, to and for the use of the 
same town. 
In certain ca- Sect. 10. Be it further enactedj That whenever it shall 
perform quar- appear to the Selectmen of any sea port town within this 
*° *"^* Slate, that the eafety of the inhabitants thereof requires, that 

any vessel or vessels which shall arrive in any harbour or 
river within this State, from any port or place, should per- 
form quarantine, the Selectmen of any town where such ves- 
sel shall so arrive, are hereby required and empowered to 
Fe^^, 1^, cause such vessel or vessels to perform quarantine, at such 
^ ^'^ place as they shall appoint, and under such restrictions and 

regulations as they may judge expedient ; and any owner, 
master or supercargo, officer, seaman or consignee of such 
vessel or vessels, or any other person who shall neglect or 
refuse to obey the orders, directions, rules, regulations and 
restrictions of the said Selectmen, respecting the said quar- 
antine, and shall be convicted thereof, upon indictment or 
information, before the Supreme Judicial Court or Circuit 
Court of Common Pleas, held in the county where the of- 
fence may be committed, »Uall forfeit and pay a sum not 
exceeding five hundred dollars, or V>q imprisoned for a term 
of time not exceeding six months, or both at the discretion 
of the Court having cognisance of such offence. 

Sect. 11. Be it further enacted^ That when any mas- 
master for vie- ter or commander of any vessel shall come up to any sea 
to quarantine, port town aforcsaid, with his said vessel, after notice given 
^? frauSuient to huB by any person or persons whomsoever, that a quaran- 
dMiaraUoDs, ^j^^^ j^^ j^^^^ directed by the said Selectmen for all vessels 
rib. 6 2 1 coming from the port or place from which such master or 
commander shall have arrived ; or shall falsely or fraudulent- 



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8UALL POX, k€. 67t 

ly attempl to elude the directions of the laid Selectmen bj Ch« 137. 
fabe aod unfounded declarations of the port or place from ^'^^^^'"'^ 
whence he came ; or shall land^ or si^r to be landed from 
his vessel, any person or persons, or apparel, beddings goods 
or merehaodize whatsoever widiout the permission of the said 
Selectmen, every such master or cmunander shall, upon con- 
viction thereof, "* m manner and form pointed out in the tenth [•563] 
section of this act, forfeit and pay a sum not exceeding five 
hundred doHan, or suffer imprisonment for a term not ex- 
ceediBg SIX monltis, or both at the discretion of the Court 
having cognisance of such offence. 

Sect* 13.. B$ U further enacted^ Thai whenever the ^^ 
said Selectmen shall think it necessary to order all vessels men order all 
which shall or naay arrive at any of the sea port towns afore* JSwiJu^"* 
said, from any particular port or ports, to perform ^piarantine^ ^^ iLnuH 
smmI shall give notice of such order to the pilots of die said ^°^ 
sea port towns ; it sludl be the duty of such piiots to make pji^i^ to bmIm 
known the said order to the captains or masters of all ves* JJ^^*^. 
sels which they shall board. And if any pilot after notice 
given to him a0 aforesaid, abaU neglect to make known the ^^^ ^^ 
said order, or sbaU pilot aoy such vessel i^ to any town afore* 
said, he shaU, upon conviction thereof in manner and form 
pointed out in the tenth section of this act, forfeit and pay a 
fine not exceeding one hundred doUars. 

Sect. 13. Be it fwiher enacted, That the Selectmen selectmen to 
of each of the sea port towns aforesaid, shall provide, at the proride red 
expense of suefa towns, a soitable number of red flags^ of three 
yards at least in length ; and the master of every vessel or* 
deredto perform quarantine, for the purpose of purificaiiott, ^I^UM^to 
shall hoist one of said flags on the head of the maiom^t, there i>o^ "«<^^' 
to be kept during the whole time, so long as said vessel or 
vesseb are performing quarantine ; and no person during that W<> i*^*??^ 
time shall go on board except Aose employed by the said Se- moSfu *o. 
lectmen ; and every person who shall transgress by going on 
board any such vessel, shall be considered as contaminated 
with infection, and held to undergo purification in the same . 
manner, and under the same regulations and restrictions as 
(hose persons who are performing quarantine on board such 
vessel or vessels, and shall there remain until discharged by 

Vol. II. 17 



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C72 SMALL POX, tLC, 

Ch. 137. order of smd Selectmen, who, by any person or persons em- 
^"^"^/^^^ ployed by them^ may forcibly detain such person or persons 
transgressing as aforesaid, for the purpose of purifying as 
aforesaid. 
When select. Sect. 14. Be it further enacted, That in every sea port 
men judge it town aforcsaid, where there is a health committee or a health 
beaithcominitl dficer, legally ch(»en and appointed in manner as directed 
officermayper- ^7* ^^ ^U ^^^ ^^e Selectmen of such town shall judge it 
^?c^^"" necessary, and shall certify it under their hands, or the major 
[*564] part of them; such health committee or health officer are 
hereby authorized to perform all the duties, and exercise all 
the authority which Selectmen are authorized and required to 
execute, in requuing any person or persons, vessel or ves- 
sels as aforesaid, to perform quarantine in manner as pointed 
out in this act. 
Forfeiture*, Sect. 15. Be U further enacted j That all the forfeit- 

h^appropri- ^^^ arising from the tenth, eleventh and twelfth sections of 
this act, shall accrue to the use of the town where the (^ence 
shall be committed ; and all expenses arising from any ves- 
to tepdd. sel, person or persons, or efiects on board the same, per- 
forming quarantine as aforesaid shall be paid by the owner or 
owners of such vessel, or efiects on board the same ; and in 
case of refusal to pay such expenses, the same may be recov- 
ered by an action of debt in the name of the Selectmen, 
health committee or health officer as the case may be, in any 
Court proper to try the same. 

Sect. 16. Be it further enacted. That no person sbaH 

No person to inoculate any other person or inoculate hknself or herself, or 

smaU pox, bat Suffer lumself or herself to be inoculated with the small pox, 

at^^^ccnaed ^ujggg^ ^ g^j^g hospital licensed by the Selectmen of the 

town. Proffidedj No such hospital shall be erected or licens- 

be within 100 cd within One hundred rods of any dwelling house situated in 

dweUbghvMe ^ adjoining town without the consent of the Selectmen of 

vi^ho^ con- gucii adjacent tow^, on pain that every person so ofiending 

shaU for each offence forfeit a sum not exceeding one hun- 

mode^f ^T. ^^^ dollars, to be recovered on indictment or presentment 

enf' of the Grand Jury at the Supreme Judicial Court, or Circuit 

Court of Common Pleas within the county, to the use of the 

town in which such offence shall have been committed. 



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at 



SMALL POX, SU. 673 

Sect. 17. Bett/tutfcer enacted, That whenever any hos- Ch. 127. 
pital shall be so erected, established or licensed, the physi- uJjJJJ[[^^^ 
cian, the persons inoculated^ or sick there, the nurses^ atten- taiiichhoi9>iu 
dants, and all persons who shall approach or come within the 
limits of the same, and all such property as shall be used or 
brou^t there, shall be subject to all such orders and regula- 
tions as shall be made by the Selectmen or a committee^ ap- [*5eft] 
pointed for that purpose to prevent spreading the infection. 

Scot. 18. Be it further enacted^ That when the small 
pox shall unexpectedly break out in any town, the Select- ^i^^^^B.^^ 
men of the same, shall have power, and it shall be their duty, j^'^^^'^'^JJ^ 
immediately to provide such hospital or place of reception power and do.. 
for the sick and infected as they shall judge best for their ac- 
commodation and the safety of the inhabitants, and may give 
license for inoculating there, all such persons as shall be 
supposed to have taken infection; and such hospitals and 
places of reception shall be subject to the orders and regvk- 
tions of the Selectmen in the same manner as is herein before 
jMTOvided respecting licensed hospitals, and the said Select- 
men shall cause such sick and infected- persons to be remov- 
ed to such hospitals or places of reception, unless the condi- 
tion of the sick person should not admit of removal without 
danger of life, in which case the house or place where the 
sick shall remain, shall be considered as an hospital to every 
purpose before mentioned, and all persons residing in, or. in 
any way concerned with the same, shall be subject to the or- 
ders and regulations of the Selectmen of the town as before 
expressed and provided. 

Sect. 19. Be it further enacted. That in all cases 
abovementioned, it shall be the duty of the Selectmen to use give notice to 
all possible care to prevent the spreading of infection, Mid to iSbctedpiacc*- 
give public notice to travellers of infected places by display- 
ing red flags at proper distances, and by all other means 
which in their judgment shall be most effectual for the com- 
mon safety ; and in case any physician or other person with- p i r • 
in any of the Iiospitals or places of reception above described, ojating regaia- 
or who shall attend, approach, or be ' concerned with the 
same, shall violate or contravene any of the restrictions, or- 
ders or regulations of the same, made according to this act, 



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674 IMPOUNDINO. 

Ch. 128, either in respect of himself or his or any other person's prop- 

^^^><^ ertj) the person so offending shall for each offence forfeit and 

pay a sum not escceeding one hundred doUars, nor leas than 

ten dollars, to be reooveied by the Selectmen, committee or 

health officer who may sue for the same, one half to the use 

of the person or persons who prosecute for the same, and the 

other half to the use of the town where the offence shall haFO 

been comniifted* 

[♦5«6] Sect. 20-* Be it ftMriher enacted^ That whenerer any 

Every bouse- householdcT shall know that any person within his or her fam- 

boider to ffivo i]y jg takcti sick of the small pox, such householder shall im* 

mm, if the mediately give notice thereof to the Selectmen of the town of 

bUfami^,&c! which such bouseholdcr shaU be an idhabitant or resident, on 

pain that every bouseh(dder who shall refuse or liegleot to 

Penait for 5*^® ^"^^ notice, shsll forfeit and pay for such offence, a sum 

neglect. qq^ exceeding thirty dollars nor less than ten dollars, to be 

recovered in the same manner as is provided for recovering 

the forfeitures mentioned in the sixteenth section of this act, 

and to be appropriated and paid in the same manner. [Ap 

proved March 10, 1821.] 



Chapter 199. 

, AN ACT respectiDg Pound* and impounding BeasU going at large, or damage 

feasant. 

Sect. 1. J3e it enacted by the Senate and House of 
Each town to Representatives y in LegisUUure assembled^ That each town 
pM^da. ^'^ shall keep and maintain a sufficient pound or pounds, in such 
[Masa. Stat, pl^^e or places therein as the town shall direct ; wherein 
S^ifc^S'/'^' horses, asses, mules, swine, goats, sheep and neat cattle may 
be impounded and kept, for the causes hereinafter mention- 
ed ; and any town that shall neglect, for the space of six 
D^lec? ^'^ months, to provide and maintain such a pound shall forfeit 
and pay the sum of fifty dollars, for the use of the county ; 
p to be recovered by presentment of the Grand Jury in any 

and field driv- Court in the county ; and there shall be chosen in each town, 

era to be chos- . <• i i '• ' r y*« 

eo annually, at the annual meeting for the choice ox town officers, a suita* 



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IMFOUffmNa. 075 

ble perBon to keep (a) each pound) and three or more suit- Cu. 128. 
able persoos for 6eld drivers withio such town, who shall sev- p^J^^^jjlJ^ 
eraUy be sworn to the faithful discharge of their duty ; and it to be sworn; 
shflAl be the doty of the field drivers, tlius chosen and sworn, ^^^ ^^^ 
to take and impound any such beasts found going at krge, 
contrary to the provisions of this act, or damage feasant ; and 
the pound keeper shall restrain aU beasts impounded within 
the pound, and fiiroish them with suitdl>le and sufficient food 
and drink at the expense of the person impoutxlhig them* 

Sect. S."*^ Be Ufwriher e$MCtedj That no horses, asses, [*5e7] 
Or mules, of bae yoar old or ubWards, or swine, not under Hom, muiM 

' IT ^ ' HQ^j Bwioo not 

the oare of i keeper, shall at any tmte be permitted to go at to go mt large, 

krge on the comoKHiS or hi^ways in any town ; and no 

goats, or sheep, not under the care of a shejdierd, shall be ^J^*^^ ^^^ 

^ tttccp between 

permitted to go at large, on the commons or highways afore- Apni i, and 

said, between the first day of April and the fifteenth day ^^^^ 

of November in any year ; and neat cattle may go at large 

On such commons or highways, at any and all times : Provi* 

4ed however , That ady town may, by a vote thereof at the Townamayre- 

1 , r , • . r ^ . "trict the riglit 

annual meeting for the choice of town officers m any year, at aU Umea. 
prohibit neat cattle, not under the care of a keeper, from 
going at large as afofesaid, within such town (b) or any part 
thereof at any or all times within one year from the meeting. 

(a) 1. An Act passed February 27, 1826, vol. 3, p. 171, provides — Sect. 
1. **Tbat it shaTl be the daty of the Selectmen of the several towns in this 
State, to dttdrmhie, from time to time, what daily allowance shall be made 
to the keeper dfany po«iid, or ot|ier penoa, for ktcpki^ any beast lawfaHy 
impoanded ia thf town poood^ under his car«» or elaawbere, for which he 
may be entitled to payment; and to establish the fees of office of sach ponnd 
keepers, for each and every kind of beast, which may be lawfully impoand- 
ed, not cacending t«)a cents for each such beast Sect. 2. That no pound- 
keeper shall, while holding aoch office, ha^e or exercise the office of Field* 
driver, or Fence-viewer." 

2. In trespass against a Field-driver, who was chosen at an annaal town 
meeting for choo&iog town officers, it was held that the legality of the notifi- 
cation calling such meeting will be presumed, unless it were shown by the 
plaintiff to be oUMrwise. Gilmore vt, Hoit ^ ai, 4 Pick, 26S. 

(6) 1. A vote of a town to restrain cattle from going at large within the 
KmiUr of sochtown, is bindrag on permns not inhabitants, whose caUle are 
found so goitig at larg^. OUinart t s. HoU 4- o/. 4 Pick. t68. 

2. A tarnpa&e road is a bighifwy withkk tkemeaning ef this stattte. Ik, 



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676 IMPOUNDUIG. 

Ch. 128. Sect. S. Be U further enacted^ That if any horses, 
« ""C^^ asses, mules, swine, goats, or sheep shall be found gobg at 

Peimlty for i«i»i_. 

hortes, lie. or large contHuy to the second section of this act, or any neat 
h^^ ^"hrl^ cattle, when prohibited by a vote of the town, as is provided 
cQuomryiotEis jj, ^^ scction, shall be found going at large as aforesaid, the 
owner or owners thereof shall forfeit and pay the sum of 
seventy-five cents for every horse, ass, or mule ; twenty 
cents for every swine ; twenty-five cents for every goat ; 
six cents for every sheep ; and fifty cents for every neat 
or such beaata feature, SO goiug at large ; or the beasts so going at large, 
^ybe im- naay be taken and impounded by a field driver in any pound 
' in the town, and restrained in such pound until the owner 
or owners thereof shaD pay the pound keeper, for the use of 
toreceUe^l^ such field driver, the sum of seventy-five cents for every 
i^^^d Xll lJOJ"5e, ass, or mule ; twenty cents for every swine ; tweoty- 
own fees, &c. gye cents for every goat ; six cents for every sheep ; and 
fifty cents for every neat creature so found going at large 
and impounded ; together with the pound keeper's fees, and 
a reasonable sum for furnishing said beasts with food and 
drink ; or until the same shall be replevied, or deak with as 
ProvMo. is herein after directed : Provided, That no mare or gelding 

of the horse kind, or neat creature shall be so taken, and 
impounded when the owner of such beast is unknown. 
[•568 Sect. 4.* Be it further enacted. That if the owner of any 

'^y J^^' ungelded horse of the male kind, more than one year old, 
going at large, shall, at any time, sufifer the same to go at large on the com- 
mon or highways in any (own, such owner shall forfeit and 
pay the sum of four dollars for each time such horse shall 
Penalty for ^^ SO found going at large ; and if the owner of any ram or 
JjJ^ ^^e^n ^^"go^^ shall sufifer the same to go at kirge, or out of his or 
August 10, and her enclosure between the tenth day of August, and the 
' twentieth day of November, the owner thereof shall forfeit 
and pay the sum of two dollars for each time every such ram 
or he-goat shall be found going at large out of his or her 
Or such horses enclosure ; or such male horse, ram, or he-goat, may be 
K**i^^mi^ taken and impounded, by a field driver or any otiier person, 
^* in any pound in the town and restrained in such pound until 

the owner thereof shall pay to the pound keeper for the use 
of the field driver or other person, impounding the same, 



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IMPOUNDING. C77 

four doUars for every such male horse, and two dollars for Ch. 128. 
every ram or he-goat thus taken and impounded, together ^-^">^"^-^ 
with the pound keeper's fees and a reasonable sum for fur- 
nishing said male horse, ram or he-goat, with food and drink ; 
or until the same shall be replevied or dealt with, as is here- 
inafter directed. 

Sect. 6. Be it further ena^ed^ That any or either of penalties, kow 
the forfeitures aforesaid shall be recovered by acti(ui of debt "hovered and 

•' limitauon as to 

in any Court competent to try the same, by and for the use time, 
of any person who shall sue therefor : Provided^ That the 
action therefor shall be commenced within sixty dqrs from 
and after the forfeiture was incurred, and not afterwards. 
Sect. 6. Be it further enacted (c), That any person in- 

(e) 1. See. 6, is merely in affirmance of Uie conmion law. LiitU vs. La- 
throp, 6 G^', 866. 

2. In the same case the Court recognise aa established, the following 
principles, deriTed from the case of Ru»t vs. Law ^ a/. 6 Mtut. R. 90 : — 

1. Jit common laufs the teaant of a close was not obliged to fence against 
an adjoaning close, unless by fofce of prescription. 

2. Jit common law, when a man was obliged by prescription to fence hm 
close, he was not obliged to fence against any cattle, bnt those which were 
rightfally in the adjoining close. 

8. Jit common law, a man though not bonnd to fence against an adjoining 
close, was still bonnd at his peril to keep his cattle on his own close, and 
prevent them from escaping. 

4. The legal obltgationa of the tenants of adjoining lands to make and 
maintain partition fences, where no prescription exists, and no written agree- 
ment has been made, rest on the statute. 

5. An assignment pursuant to the statutes imposes the same duty as would 
result from a prescription. 

6. Where there is no prescription or agreement, the proTisions ef the 
statute oblige the tenant, liable to make the partition fence, or any part of it, 
to fence only as in case of prescription at common law ; that is, against such 
cattle as are rightfplly on the adjoining land. Melody vs. Reah, 4 Mtui, 471. 

7. Every person may maintain trespass against the owner of cattle, un- 
lesp such owner can protect himself against the provisions of the statute, or 
by a written agreement, or by prescription. 

<* From the foregoing ^'principles*' — say the Court in Little vs. Lathrop — 
«*it appears'* — 

1. That where there is no prescription, agreement or statute assignment, 
no tenant ia bonnd to fence against an adjoining close ; but in such case, 
there bebg no ftnce, each owner is bound at his peril, to keep his cattle on 
bb own close. 



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678 IMPOUNDING. 

Ch. 128. jured in his tillage, mowing, or other landsr under improve^ 
^-^"^^^ ment, that are enclosed with a legal and sufficient fence, 

Persons injar- , 

ed by sheep, whether such improved Ifflids be in common or general field, 
&I;!"may mab' or in a close by itself ; by swine, sheep, goats, horses, mules, 
w frajj^l^the ««8es, or neat cattle, may have and maintain an action of tree- 
^'^^^' pass, quare elausum fregitj against the owner of the beasts, 

[Mass. Stat, for his damages ; or he may impound the beasts doing the 
§ 8.] ' ' damage, or some of them, at his Section, with or without the 
beasts ^^ ^^ * ^'^ driver ; and in oase he impound the beasts, he 
may be im- may restrain them in one of the town pounds, or in some 
^^. ' other place, under his (d) immediate care and inspection, as 
[♦569] niay be most* convenient for relieving them with suitable 
food and drink ; which relief it shall be the duty of the per- 
son impounding to furnish, or cause to be sufficiently furnish- 
No action or ®^> during their confinement ; and no action of trespass quare 
he^^iovi^ «• ^^^^^^^ fi'^g^ shall be had and maintained against the owner 
the beasts en- of any neat cattle for damages, nor shall such cattle be taken 
whore the damage feasant and impounded, when such cattle broke into 
suiScientT "^' such closc. Or common or general field from the commons or 
highways (e) in any town, in a part where the fence of such 
close or field was not good and sufficient, according to law : 
Provided., That such neat cattle, shall, at the time of such 
breaking, be lawfully going at large on the commons or high- 
ways aforesaid. 

2. Where a tenant, for any of the reasons before stated, is bound to fence 
against an adjoining close, it is only against anch cattle as are rightful ly in 
that close ; and in such case, if the fence be not in fact made, the owner of 
either close, thos adjoining, may distrain the cattle escaping from the adjoin* 
ing close, not rightfully there. 

{d) 1. An inhabitant of a town taking ap cattle found going at large within 
the town contrary to a vote of the inhabitants, may impound them in his 
prtrate close. Oilmore vs. Holt and ah 4 Pick, 258. 

2. A private individual who impounded a beast taken damage feasant, in 
a town pound, is not liable for any injury which stich beast may receive from 
cattle confined m the samopoimd. Srightman vs. OHnnelUB Pick. 14. 

(«) 1. The public have no rights in a highway, but a right to pass and re- 
pass therein : they cannot therefore justify turning their cattle therein, for 
the purpose of grazing. Stackpole 4r at, vs, Healjf, 16 Mas$, 86. 

2. If cattle, 80 in the highway for tho purpose of g^^2|uij^ 09»^ itt^ U»e 
adjoining close, the owner of the cidtle cannot »vwi hiow«y^ the. UmAr 
cionoy of the fences, in oxcose for the trespaas. /6. 



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IMPOUNDINO. 679 

Sbct. 7. Be it further enaetedj That when an action of Ch. 128. 
trespass shall be brought against the owner of any of the ^v^^^^'C^^. 
beasts aforesaid, for damages by them done upon his enclos- the cattle were 
ed lands under improvement ; or when such creatures, taken i^r broke 
damage feasant and impounded, shall be replevied, it shall be feiJ^win^it 
in the power of the Justice or Court before whom the cause ^ jafficieot, 

'^ though Bome 

shall be determmed, to render judgment in favor of the per- ports of the 

. . . . fence be iMuf-* 

son demanding damages for the injury sustained, upon satis- ficient. 
factory evidence being produced, that such creatures were [n>. ^ 6.] 
clandestinely turned in, or broke into the close in a part 
where the fence was good and sufficient, according to law ; 
some other parts of the fence round the same cbse being de- 
ficient notwithstanding. 

Sect. 8. Be it further enacted (f) y That when ®°y ^f «__,. 
the beasts aforesaid shall be impounded, whether it be done where beaats 
for b^ing at large out of the owner's enclosure ; or on the S!a^notice 
commons or highways ; or for doing damage as aforesaid, the ^ ** 8*^®"* 
person impounding shall inform the owner of the beasts im- t^* § ^-1 
pounded (if known) within the space of twenty-four hours, 
by giving him a notification (g) thereof in writing, describing 
the creatures, and specifying the time, place, and cause of 
impounding the same : and m case the owner of the beasts 
impounded be absent, such written notification shall be left 
at his house or usual place of abode. And the person im- 
pounding shall also leave with the pound-keeper, if such 
beasts are impounded in a town pound, at the thne they are 
committed to his custody, a memorandum, in writing, under 
his* hand, of the cause of impounding, and the sum he de- [*670] 
mands as a forfeiture, or in damages from tho owner before 

(/) Ao additional Act, passed Febniary 26, 182S, vol. 8, p. 161, pro- 
vides '* That the provisions contained in the eighth, ninth, and tenth sectioni 
of the Act to which this is in addition, be, and the same are hereby extended 
to the ease of beasts impounded for doing damage in the tillage, mownig or 
other lands of any person imder improvement, whether enclosed with a legal 
and safficent fence or not : Provided, Sach impounding be lawful, according 
to the principles of the common law.** 

(g) Notiee given to the owner before impoondiag, of the fact aiid the 
cause of the taking of the catde, and after the impouiding, of the place where 
they are impoanded, is a legal notice. GUmore vs. Hdt ^ of. 4 Pick. 2SS. 

Vol. II. 18 



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680 IMPOUNDING. 

Ch. 128. they are liberated ; and no action shall be maiDtaioed against 

^'^^'^^^ the pound-keeper for detaining such beasts, until that sum, 

with his lawful fees, and the reasonable expense of furnishing 

them with food and drink, shall be paid : Provided^ That 

Mode of esti- if the person, whose beasts are impounded damage feasant, 

P» in^ oertofn shall think the damages mentioned in the memorandum left 



with the pound-keeper, are unreasonable, he may withm 
twenty-four hours after notice given as aforesaid, procure 
from the Clerk of the town, or a Justice of the Peace, a 
warrant directed to two such disinterested judicious persons 
as the Clerk or Justice shall appoint, to estimate the amount 
of such damages upon oath, according to their best judg- 
ment ; and the persons thus appointed, shall within twenty- 
four hours, estimate and certify to the pound-keeper the 
amount of damages ; and the sum thus certified shall be taken 
instead of the sum first left with the pound-keeper. 

Sect. 9. Be it further enacted {h)j That if the owner of 
'^^^"daaui^ any beast or beasts taken and impounded by virtue of this 
Bpdfee0,orre- act, shall not, within two full days, after notice given as 

plevy cattle m ^ , , . .. ^ . V , i. ? 

two days, what aforcsaid, pay the forfeiture or damages, and all fees and 
wBtob« ^d. charges, and the reasonable expense of keeping them as afore- 
said, or replevy the same, the impounder, if the owner of 
such beast or beasts be known, and has been notified as afore- 
said, shall file an information of the transaction, by him sub- 
scribed and sworn to, with the Clerk of the town or a Justice 
of the Peace, and if it shall appear from such information 
that such impounder has substantially complied with the 
directions of the law in such cases, such Clerk or Justice 
may issue a warrant returnable into the Town Clerk's office, 
in seven days from the date, directed to any Constable of the 
same town, or to any other discreet and disinterested inhab- 
itant of said town, if the Constable be the impounder or 
Sab td be interested, to sell at public sale to the highest bidder, after 
•SfeiOTttopS 6^^^°8 twenty-four hours notice of such sale, by posting up a 
Jj^>4«» net, notification thereof at some public place within said town, 

{h) 1. By $ 9, the right to tell beaala taken damage leaaant, ia gWen only in 
eaiea where the iojnry waa done to lands ** inclosed u)Uh a legal and suffi- 
cient fence,** Heath vs. Bicker ^ aU 2 Olf, 408. 
2. See ante, note /, $ 8- 



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IMPOUNDINO. 681 

all, OP so many of such beasts as shall be sufficient to satisfy Ch. 12&. 
and pay the forfeitures or damages, and all fees and charges, ^^^v-^> 
and the expenses of keeping such beast or beasts, to be taxed 
and allowed* by the Clerk or Justice ; and the Constable or [•571] 
other person to whom such warrant shall be directed, after 
paying the forfeitures or damages, and the fees and charges, 
and expense of keeping as aforesaid, and his fees, shall pay 
the overplus, if any there be, to the owner of the beast or 
beasts so sold on demand ; and the remainder of the beasts 
if any such there be, shall be liberated by the impounder : 
Provided J That when such beast or beasts are taken and im- 
pounded damage feasant, the impounder shall, prior to such Dftmagei to u 
sale, procure from the Clerk of the town, or a Justice of the ll^iPSUmMit 
Peace, a warrant directed to two such disinterested judicious ^^rmJwSce^ 
persons as the Clerk or Justice shall appoint, to estimate the ^^ ^^u* ^' 
amount of such damage upon oath according to their best 
judgment ; and the persons thus appointed shall certify the 
amount of such damages to the pound-keeper ; and the sum 
thus certified shall be the amount of damages to be paid out 
of the proceeds of the sale instead of the sum first left with 
the pound-keeper. 

Sect. 10. Be it Jurther enacted (i). That if the owner 
of the beast or beasts impounded be unknown, the person beasts impoan- 
impounding the same shall cause a notification thereof as known, what 
aforesaid to be posted up in two public places in the same SJ^*^^bJ^ad. 
town, and in the two adjoining towns, nearest the place where 
the same may be taken up ; and if no owner or olaimer appear 
within the space of three full days next after the impounding 
and notifying as aforesaid, then the person so restraining them 
may proceed with them in all respects as the law provides 
respecting stray beasts, after having his damages ascertained 
in case the beast or beasts be taken damage feasant, in ipanner 
as is before provided in the last proviso. 

Sect. 11. Be it further enacted^ That if any person'shall 
rescue (J) any beast or beasts, which may have been taken up 

(t) See ante, note /, § 8. 
ij) Ik To conatitnte a reaeae, there mast be first , an actual possoaaion in 
the party from whom the cattle are taken ; secondly, a Uking awaj and set- 
ting at libertj. Vinton vs. Vinton, 17 Mass. 844. 

2. The prtTention intended is not an abaolote and final obatraction, bat 



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032 IMPOUNDING. 

Ch. 128. for being at large out of the owner's enclosure as aforesaid, 
out of the bands of the field driver, or from the custody and 



caiDg beasts^ posscssion of any other person about to drive or convey them 

u^f ^^* to pound, whereby the field driver or other person shall be 

pwL^ ""' prevented from impounding such beast, and the law evaded ; 

every person so offending shall forfeit and pay not more than 

twelve dollars nor less than three dollars ; to be recovered by 

[♦572] action of debt in any Court proper to try the same,* by and 

to the use of the field driver or other persons from whom the 

rescue may be made ; and if any pepson shall rescue any 

^ beasts (fc), taken up damage feasant as aforesaid, out of the 

cuing beasts ta- hands or carc of the field driver, or from the hands of any 

fiMsant, anJ^ Other person about to drive or convey them to pound, where- 

mode of rocoT- ^y. ^^ party injured may be in danger of losing such his 

remedy, and the law evaded, the person thus offending shall, 

Fe^4, 1789, for such rescuc, forfeit and pay not more than twelve dollars, 

^ ^'^ nor less than three dollars, to be recovered by action of debt 

in any Court proper to try the same, by and to the use of the 

field driver, or persons from whom the rescue may be made ; 

and shall be further liable to pay the party injured the full 

damages he might be entitled to recover by impounding such 

beasts, to be recovered by an action of the case. 

Sect. 12. Be it further enacted (l)^ That if any person 

''oond^^ breach ^^^^ Hiakc any pound breach, or by any indirect way or man- 

andmodeofre- ner whatever, convey or deliver any of the beasts aforesaid, 

impounded from the pound or place where they may be re- 

^ * ^ '^ strained ; the person thus offending shall forfeit and pay a 

fine of not more than fifty dollars nor less than fifteen dollars ; 

to be recovered by a presentment of the Grand Jury, to the 

tmy forcible interroptioii by reecne which may occasion a prevention at the 
time. lb, 
ik) Berry vs. Ripley, 1 Maae. 167. 

(0 1. In an action qui tarn, nnder § 12, the defendant cannot give in oti- 
dence Ae illegality of the distresi. Melody vi. Reabt 4 Mast, 471. 

2. Upon an indictment for poand-breach the illegality of the diatreas can- 
not be ahown in the defence. Com, vt, Bealt, Jr, 6 Pick. 614. 

8. The penaltiea of atatnte 1789, § 6, are extended to caaea of crea- 
tures impounded for going at large, contrary to statute, February 26, 1800, 
[ch. 129ofUiiavol.] lb. 



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LOST QOOD8, kt. 683 

use of the county : And the person offending as aforesaid, Ch. 129. 
shall be liable to pay the party injured or impounding such ^-^^^^^^ 
beasts, double the damage or forfeitures he may be entitled to 
by the impounding such beasts to be recovered in an action 
of the case ; and such party or impounder, when the pound 
breach is effected by an apprentice or a minor, may prosecute, '^^j^i]^"!*^ 
for his damages or forfeitures, the parent or master under the wroogftU 
whose care such apprentice or minor may then be, or the ap- child, or ap- 
prentice or minor at his election ; in which action, as well as P"^"***^* 

* ..»»_i. ^° action for 

for damages occasioned by the rescue of the cattle about to penalty or for 
be impounded, the defendant shall not be permitted to give micIi caiei, de- 
in evidence, the insufficiency of the fence, if any such there fow^^to^givo 
be ; or that the beasts, when taken were under such circum- Mffi^^nc^^^'of" 
stances as to render the impounding illegal, to prevent the f«><*» ^« 
party from recovering his full damages or forfeitures. [Ap- 
proved March 20, 1821.] 



Chapter ia9.* [♦stsi 

AN ACT extending the powers of towns to restnun Cattle running at large. 

Jl>E it enacted by the Senate and House of Representa- 

A* • r • » • « « »Mi . Towns may or- 

tivesy m Legislature assembled, That the inhabitants of any dcr that com- 
town in this State, may at any legal town meeting, order and ra^not^'at 
direct that any particular description of neat cattle or other '*'^* 
commonable beasts, shall not go at large within certain partic- i'eb.'Si.faSo'.] 
ular parts of such town, without a keeper, under the penal- 
ties now provided by law in similar cases, and to be recover- 
ed in the same manner, [Approved June 27, 1820.] 



Chapter iao« 

AN ACT respecting lost Goods and stray Beasts. 

Sect. 1. BH, it enacted by the Senate and House o/ Finder of mon- 
Representatives, in LegUUUure assembled, That whoever shaU ^4'o5S^' ^ 
find any money or goods kst of the value of one dollar or ««^ci«rk* 



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684 LOST GOODS, Ifcc. 

Ch. 130. upwards, whereof the owner is unknown, the finder sbaU, 
TM^'^^^^ within ten days next following, give notice thereof in writing, 
Feb. 18, 1789, unto the Clerk of the town in which they are found. And 

6 11 

the finder shall also cause a notification thereof to be posted 

up in some public place within the same town, and also shall 

cause the same to be publicly cried therein, on three several 

days : Provided j There shall be any public crier in said town : 

And if the money or goods so found be of the value of ten 

dollars or upwards, then to be cried as aforesaid, and notice 

thereof posted up in like manner in the same, and the two 

next adjoining towns, within one month next after such finding. 

Sect. 2. Be it further enacted^ That every person who 

!rtray*beM^*"o shall find and take up any stray beast shall cause tie same to 

give Doiice to jjg entered with the color and marks, natural and artificial, 

town clerk. ' ^ ' 

and also to be posted up and cried in manner and time as 
aforesaid ; and likewise within ten days put and keep a withe 
about the neck of such stray (a) beast, (sheep only excepted.) 
And such finder of lost goods or stray beast shall also* within 
[*574] two months, and before any use thereof is made to its disad- 
vantage, procure from the Town Clerk, or a Justice of the 
Peace, a warrant directed to two such disinterested judicious 
Appraiien to POTsons as the Clerk or Justice shall appoint, returnable into 
be appointed the Town Clerk's office in seven days from the date, to ap- 

by Justice, or . ^ . I 

town clerk to praise and value the goods or stray beast, upon oath, at the 
&c"found. *' true value thereof in money, according to their best judg- 
ment. 

Sect. 3. Be it further enacted^ That if the owner of 

If no owner ap. any siich lost money, goods, or stray beast, appear within one 

^^^^ proLed- year and a day next after such notice of the finding given to 

ingstobe ha . ^^^ Xown Clerk as aforesaid, and make out his right and title 

[lb. § 8.] thereunto, he shall have restitution of the same, or the full 

value thereof allowing and paying all necessary charges, to be 

liquidated and adjusted by some Justice of the Peace of the 

same county, in case of disagreement between the owner and 

the finder. And if no owner appear within one year and a 

day as aforesaid, then such strays, lost money or goods, shall 

(a) Where a peraon takes an estray to keep it for the owner, bat neglects 
to pursue the coarse prescribed by the statute, he is nevertheless not liable to 
an action of trover, nnless be uses the estray or refuses to deliver it upon de- 
mand. JVelf 091 «f . Merriomt 4 PtcAr. S49. 



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LOST GOODS, Ace. 685 

be and remab to the finder, he paying one half of the value Ch. 130. 
thereof, (all necessary charges being first deducted,) accord- ^-^^v^^ 
ing to appraisement, unto the Treasurer of such town ; who 
is authorized to sue for the same in an action of the case. 

Sect. 4. Provided however: Be it further enacted, That g^^ |,^„.^ 
any person who shall find or take up any horse or horse kind, SJ^2 in*'*\ki' 
as a stray, and shall procure the same to be appraised, incaM. 
agreeably to the provisions of this act, in case the same rMaw, stat. 
shall be appraised at a sum not exceeding twenty dollars, ^°^] ' ' 
shall, at the expiration of two months after such appraisal, 
proceed to sell the same at public vendue, having given four ^^^ . 
days previous notice of the time and place of sale, and shall ceediog. 
pay over the money for which such horse may be sold to the 
Treasurer of the town in which he lives, after deducting 
therefrom the expenses of taking up, posting and appraising 
such horse, as provided for in this act, with one dollar for 
his fee in selling such horse. 

Sect. 6. Be it further enacted. That the owner of such owner entitled 
horse, so taken up and sold, shall be entitled to receive the ^ «noney, if be 
money so deposited with the town Treasurer : Provided, He one^enr, oth- 
shall apply for the same within the space of one year after 
the* same shall have been paid to the Treasurer aforesaid ; ^ [•575] 
and in case the owner of such horse shall neglect to apply for 
such money for the term of one year, the same shall be ap- 
propriated as is provided by this act. 

Sect. 6. Be it further enacted. That if any finder of 
any lost goods, money or stray beast, of the value of one dol- J1^7, ^**' 
lar or upwards, shall neglect to cause the same to be entered, 
cried and posted up in manner and time as before directed, Pc^is, nea, 
or to withe such stray beast, he shall forfeit and pay the full ^ ^'^ 
value of such goods, money or stray beast, one half to the 
use of the town, and the other half to him or them that will 
prosecute and sue for the same. And if the owner of any 
stray beast or other person, shall take off the withe from the 
same, or take away such stray beast, before all the necessary 
charges arisen for entering, crying, notifying keeping and ap- 
praising thereof be defrayed, such person so offending, shall 
forfeit and pay unto the finder of such stray beast the full val- 
ue of the same. 



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686 WEIGHTS AND BfEASURES 

Ch. 181. Sect. 7. Be U further ^ftaeted. That no person irom 
s^-v-w/ the fifteenth day of April, to the first day of November, shall 
not to betaken take up any horse, gelding, mare or other beast for a stray, 
t£^n Apnii5 unless such beast be taken damage feasant in some inclosure, 
i««,^c.'^'"°" ^^ impounded for that or some other sufficient cause. [Ap- 
[ib.' § 6.] proved January 27, 1821.] 



Former itand- 
ards continued. 

[MaM. Stat. 
Feb. 26,1800, 
§1.] 



State treasarer 
to procure pub- 
lic standards of 
weights and 



[♦5T6] 



Chapter 131. 

AN ACT ibr the doe regulation of Weights and Measures (a)* 

Sect. 1. OE it enacted by the Senate and Howe of 
Representatives y in Legislature assembkdj That the brass and 
copper weights and measures heretofore adopted, used and 
allowed as standards, be and remain the public allowed stan- 
dards throughout this State, by which all weights and meas- 
ures shall be tried, proved and sealed, in manner as is here- 
inafter provided. And it shall be the duty of the Treasurer 
of this State, at the expense thereof, to cause to be had and 
preserved as public standards, and which shall be used only 
as such, the following beams, weights and measures, to wit : 
one* bushel, one half bushel, one peck, one half peck, one ale 
quart, one wine gallon, one wine half gallon, one wine quart, 
one wine pint, one wine half pint, and one wine gill ; said 
measures to b'e made of copper or pewter, conformable as to 
contents, to said standard measures, and as to breadth, that 
is to say, the diameter of the bushel, not less than eighteen 
inches and a half, containing thirty-two Winchester quarts ; 
of the half bushel, not less than thirteen inches and three 
quarters, containing sixteen Winchester quarts ; of the peck, 
not less than ten inches and three quarters, containing eight 
Winchester quarts ; and of the half peck, not less than nine 
inches, containing four Winchester quarts ; the admeasure- 
ment to be made in each instance, within side of the meas- 

(a) At common law it is an indictable offenco to cheat any man of hb 
money, gooda or chattels, by wiog false weights or false measures. Com. 
M. Warren, « Ma$$. 72. 



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WEIGHTS AND MEASURES. 687 

ure : abo one ell ooe yard, one set of brass weights to four Ch. 131. 
pounds, computed at sixteen ounces to the pound, with fit ^-^•v"^' 
scales and steel beam : also a good beam and scales, and a 
nest of Troj weights, from one hundred and twenty-eight 
ounces, down to the least dencnnination, with the weight of 
each weight, and the length of each measure marked or 
stamped thereon respectively, and sealed with a seal, to be 
procured and kept by the Treasurer aforesaid ; and also one 
fifty-six pound weight, one twenty-eight (a) pound weight, 
one fourteen pound weight, and one seven pound weight, 
made of iron. 

Sbct^ 2. Beit further enacted, That it shall be the duty ^^^^ ^^^^_ 
of the Treasurer of each county, at the expense thereof, to nrer to procure 

beamS} weights 

procure if the same has not already been done, one complete and measurei 
set of beams, and of the brass, copper, pewter, and iron state stand- 
weights, and of the measures aforesaid, excepting the bushel ^^^' 
measure, well tried, proved and sealed by the said State t^* ^ ^'^ 
standards, and marked or stamped as aforesaid ; said meas- 
ures, as to breadth, as well as contents, to be conformable to 
the State standards as aforesaid ; — ^which the said county 
Treasurer shall keep and preserve, for the use of the respec- 
tive coimties, and to be used as standards only. And once 
in ten years, after the same are, or shall have been procured, tobeproTedby 

, . r« i. 1 . . . i. , 1 State stand- 

the respective Treasurers for the tmte bemg, of the several ards every tea 
counties, shall cause the same to be tried, proved and sealed ^^"' 
by the Treasurer, and standards of the State : and if any 
county Treasurer shall neglect his duty in this behalf,* he i*677l 
shall forfeit and pay, for each neglect, the sum of two hun- Penalty for 
dred doDars to the use of the State, to be recovered in an "®«^®*^^* 
action of debt, in the name of the State, in any Court proper 
to try the same, with costs of suit. 

Sect. 3. Be it further enacted. That it shall be the duty ^own tn»«ir- 

" ' •' ers to procure 

of the Treasurer of each town within this State, at the ex- beams, weights 

r t %i. 1 « ^1 *"** measures 

pense of such town to procure, if the same has not already conforming to 

(a) It is provided by ch. 404, § 1, vol. S, p. 255, as follows :—'• That all 
such articles as have been sold or exchanged in any market or town in this 
Btato by gross or avohrdnpois weight, shall be sold or exchanged by the fol- 
io whig regulation of said weights, vis : Twenty-five avoirdnpois pounds shall 
eoaatiiitte one qoartBr, four qoartert oue hundred, and twenty bondred one 
ton." 

Vol. II, 19 



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688 WEIGHTS AND MEASURES. 

Ch. 131. been done, and ever after to preserve as town standards, a 
complete set of the beams, weights and copper or pewter 
measures, conformable to the State standards as aforesaid ; 

[lb. § 8.] excepting however, the said bushel measure ; and excepting 
also, that no Treasurer of any town shall be bound to pro- 
cure a nest bf Troy weights other than from the lowest 
denomination to the size of eight ounces, which it is hereby 

„ . , made his duly to procure : Provided however. That it shall 

ProTieo— wood j r 7 ^ 

measurea may be lawful for the Treasurer of any town aforesaid, to procure 

be uiod. 

a wooden half bushel, peck, and half peck, conformable as 
to breadth and contents to the copper or pewter measures of 
the same denomination, in lieu of such copper or pewter 
measures, all of which he shaU cause to be well tried, proved 
and sealed as aforesaid, either by the Treasurer of this State, 
or of the county within which such town shall be situated, 
and to have the same tried, proved and sealed as aforesaid, 
once in every ten years afterwards. And it shall also be the 

Town leai to ^"'7 ^f ^^^n Treasurers, to procure at the expense thereof, 

be kept. ^^^j j^ preserve a proper town seal, for the purposes herein- 

after mentioned. And if any town Treasurer shall neglect 

Penalty for his duty in the premises, he shall for each neglect, forfeit and 
pay one hundred dollars, one moiety thereof to the use of the 
town, and the other moiety to him or them who shall sue for 
the same, to be recovered in an action of debt, with costs of 
suit, in any Court proper to try the same. 

Sect. 4. Be it fitrther enacted, That it shall be the duty 

Selectmen to of the Selectmen of each town in this State, in the month of 

appoint sealers 

and remoTe March or April annually, to appomt a suitable person to be a 

them and fill , c - x. a • u- -i, a j • i_ 11 

▼acancies. Sealer of Weights and measures witnm the same. And it shall 
[lb. § 4.] also be the duty of the Selectmen in such towns in this State, 
as shall, at any of their annual meetings, vote to have more 
(•5T8] than one sealer of weights and measures within their* town, 
to appoint suitable persons therefor. And the Selectmen of 
the several towns are hereby authorized to remove from office 
any person or persons by them appointed as sealers of weights 
and measures by virtue of this act. And it shall be the duty 
of the Selectmen, upon any vacancy which shall happen in 
the office of sealers of weights and measures, either by death, 
removal, resignation, refusal to accept, or otherwise, imme* 



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WEIGHTS AND MEASURES. 689 

diately to appoint some other suitable person to fill the place. Ch. 131. 

And each person Tvho shall be appointed to such office shall 

be notified of his appointment, and sworn as other town twom. 

officers are. And if any person so appointed and notified 

shall refuse or neglect to take such oath, for the term of peoaltiM for 

seven days after he shall have received such notice, he shall "^^s**^- 

forfeit and pay five dollars, to be recovered in the manner and 

to the uses other fines are, for refusing to serve in other town 

offices. And if any Selectman shall not duly execute this 

law, so far as to him appertains, he shall forfeit and pay, for 

each months neglect, the sum of ten dollars, to be recovered 

in like manner, and to like uses. And the Treasurers of 

such towns as shall, as aforesaid, vote to have more than one 

sealer of weights and measures, within their town, shall at the 

expense thereof, procure, and shall preserve the necessary 

additional seals, weights and measures, before specified ; so 

that each sealer in such town may have complete sets of the 

same, under like penalties and forfeitures as are provided in 

the third section of this act. 

Sect. 5. Be it further enacted ^ That it shall be the duly ^^ ^ 

of each Sealer of weights and measures, as soon as appointed sworn to keep 
and sworn, to receive of the town Treasurer, the said town dards. 
standards and seal, and to give him a receipt therefor, ex- £it,. § 5.] 
pressing the contents thereof and the condition in which the 
same may be, and in such receipt engaging, at the expiration 
of his (the said sealer's) office, to deliver the same in like 
order and condition, to the said Treasurer ; and such sealer 
shall be accountable to the town for the due preservation of 
the same, so long as he shall hold them on such receipt. 

Sect. 6. Be it further enacted. That it shall be the fur- g^j^ ^ ^^^^ 
ther duty of the said sealer of weiehts and measures in the fy, >nMay,thd 

, - «• . . .- . placea where 

month of May \n every year, to post up written notifications he will atteod 
in the several* parts of the town, expressing therein the time [•^Stoj 
and place, when and where he will attend such of the inhab- ^n,^ § g.j 
itants as live within the limits described in his notification, and 
seal all such of their great and small beams, weights and 
measures as they shall bring in for that purpose. And the 
said sealer shall deface and destroy all weights and measures 
which cannot be brought to their just standards. 



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590 WEIGHTS AND MEASURES. 

Ch. 131. Sect. 7. Be it further enacUdy That the said sealer be, 

^-^"■'^^ . and he hereby is, authorized and required, to go to the houses 

houses, stores, of such ionholders, and to the ware houses, stores and shops 

weights ^Jdd^ of such merchants, traders and retailers of spirituous liquors, 

measures. ^^^ ^^ jj^^ houscs of such of the Other inhabitants, as shall 

[lb. § 7.] neglect as aforesaid, to bring or send in, the said beams, 

weights and measures ; tuid there, (at their said houses, stores, 

shops and ware bouses) to try, prove and seal the same beams, 

weights and measures. And if any such person or persons, 

shall refuse or neglect to have his, her or their beams, weights 

or measures so tried, proved and sealed, he, she or they, 

shall forfeit and pay ten dollars for each offence ; one moiety 

to the use of the poor of the town, and the other moiety to 

the sealer, to be recovered in an action of debt, with costs 

Pennity for ^ aforcsaid. And if any sealer of weights and measures 

neglect. shall neglect his duty in any of tlie cases in this act specified, 

he shall for each neglect, forfeit and pay not less than five 

nor more than ten dollars : one moiety thereof to the town, 

and the other moiety to the informer, to be recovered by an 

action of debt, or on the case with costs as aforesaid. 

Sect. 8. Be it further enacted ^ That the directors of 
their 'wdghto* tlic several Banks, which are or shall be incorporated within 
MD^i" •'"°® this State, shall annually, in the month of June, at the ex- 
pense of said Banks, have all the weights used in their 

[Mass. Stat. * .^, , ,,,,.,r« 

Mar. 9. 1800, respective Banks compared, proved and sealed by the Treas- 
urer, or by some person specially authorized by him for that 
§^, voi. Ill', purpose ; which shall supersede, so far as respects such 
*^'J Banks, the sealing of Troy weights by the town sealer ; and 

no tender of gold by any Bank in this State, weighed with 
weights other than those compared, proved and sealed as 
aforesaid, shall be legal. And to prevent the unavoidable 
imperfection of scale beams, from operating unequally in 
[•580] payments* of gold, the payer or receiver may require that 
the gold shall be weighed in each scale, so that the irregularity 
of the different ends of the beam, if any, may be ascertained, 
and the mean weight resulting therefrom, shall be considered 
as the true weight of the parcel of gold so to be paid or 
received. 

Sect. 9. Be it further enctcted^ That it shall be the duty- 



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WEIGHTS AND MEASURES. 691 

of tbe seveial county Treasurers at the expense of their re- Ch. 131. 
spective counties, before the first day of July, which shall be ^^Jj^^^"^^ 
in the year of our Liord one tliousand eight hundred and nrers to have 
twenty-four, and once in every ten years afterwards, to have iJSIedevery^io 
their county standards of Troy weight compared, proved and y®^* 
sealed by the Treasurer of the State, or some person by him U*»- § ••! 
thereto specially authorized : and it shall be the duty of the 
Treasurers of the several towns, at the expense of their 
respective towns within one year after the first day of July 
aforesaid, and once in every ten years afterwards, to have 
their town standards of Troy weight compared, proved and 
sealed by the Treasurer of the State or of the county wherein 
such town shall be, or some person thereto specially author- 
ized by said State or county Treasurer. 

Sect. 10. Be it further enacted^ That the vibrating yjj^^jj^ * 
steelyard invented by Benjamin Dearborn, and the vibrating steelyards may 
steelyard invented or improved by Samuel Hills, be permit- 
ted to be used in all cases of weighing throughout this State : fJJ*"* f ^^ 
Provided, That before being offered for sale, or the same 
shall be used, each beam and the poises thereof, shall be 
sealed by some public sealer of weights and measures, 
appointed according to law. 

Sect. 11. Be it further enacted, That all measures by 
which fruit or any other thing usudly sold by heaped measure, measures, 
shall be sold, shall be conformable as to capacity and breadth, ,, 

' i. [Mass. Stat. 

to the public allowed standards as aforesaid. And if any Feb. 26, isoo, 
person shall sell, or expose to sale, any fruit or other tiling, 
usually sold by heaped measure, by any other nieasure as to 
capacity and breadth, than is before mentioned, or shall sell, TObg^wc^ghts, 
or expose to sale, any goods, wares or merchandize, grain or "'^J^J^ ^^' 
other conmiodity whatsoever, by any other beams, weights or 
measures, than those sealed as aforesaid, he shall forfeit and 
pay, for each offence, not less than one* dollar, nor more (•58i] 
than ten dollars according to the circumstance of the case ; 
one moiety thereof to the use of the town, and the other 
moiety to the said sealer or to him or them who shall sue for 
the same, to be recovered in an action of debt, or on the 
case, with costs of suit, in any Court proper to try the same. 
Sect. 12. Be it further enacted, That this act shall 



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692 FIRE ENGINES, 8cc, 



Ch. 132. take effect and be in force until such time as the Congress of 

shall have fixed by hv 

ires. [Approved Pebruj 

See cli. 404, vol. 3, p. 25.5. 



the United States shall have fixed by law the standards of 

Limitationa. . t •• . « •« • 

[lb. § 9.] weights and measures. [Approved February 5, 1821 .] 



Chapter 133. 

AN ACT retpectiog Engine Men, Fire Engines and the ExtingaishmeiU of fire. 

Sect. 1. JdE i7 enacted by the Senate and House of 

Representatives, in Legislature assembled. That the Select- 
Selectmen to ^ ^ , ' . ° . __ ' , . , , 
appoint engine men of such towns iTi this State as are or may be provided 

"*"' with a fire engine, or engines, be and they are hereby em- 

t?^7 ^1786 powered, if they judge it expedient, to nominate and appoint 

5 ^1 a number of suitable persons not exceeding twenty-five (a) to 

one engine, for engine men ; who shall continue in said office 

during the pleasure of such Selectmen ; which engine men 

shall be, and they are hereby authorized and empowered, to 

whoaretomeei ^^^^ together sometime in the month of May (i) annually ; at 

inMay.chooee which mectine, they shall have authority to choose a master, 

officers and es- . ,\^, , i. , ., . , , ,. , / 

tabliflh regula- or director and Clerk of the said engine ; and establish such 
ions, c. ^^j^^ ^^j regulations, respecting their duty as engine men, 
as shall be approved of by the Selectmen, and to annex pen- 
alties to the same which may be recovered by the Clerk of 
said engine men, before any Justice of the Peace, in the 
same county : Provided^ No penalty shall exceed six dollars 
and that such rules and regulations shall not be repugnant to 
the laws of this State. 

Sect. 2. Be it further enacted^ That the respective 
Engine compa- companies of engine men who may be nominated and appoint- 
monthly to ex- ed in pursuance of this act, shall be held and obliged to meet 

(a) Enlarged to siztj, by ch. 506, vol. 3, p. 356. Appointmenta act to 
include any member of any company of Artillery, Cavalry, Light Infantry or 
Riflemen, under certain circnmstances. See ch. 288, vol. 8, p. 128. 

(6) The meeting may be in April, May, Angnst, October or November, 
when any other officers may also be elected, besides those named above, as 
may be deemed necessary. See ch. 478, vol. 8, p. 820. 



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FIRE ENGINES, ke. 693 

together once a monih and oftener if necessary, for the pur- Ch. 132. 
pose of examining the state of the engine to which they be- 'T^"'^'^ 

^ " 1 . t . amine engines, 

long,* and the appendages belonging to the same, and seemg &c. 
that the said engine is in good repair, and ready to proceed '[•682] 
on any emergency to the relief of any part of the community 
that may be invaded by the calamity of fire ; and the said en- 
gine men appointed as aforesaid shall be held and obliged to 
go forward either by night or by day, under the direction of UiedirecUonof 
the fire wards in the same town, and to use their best endear- dutyT' * ^" 
ours to extinguish any fire that may happen in the same town, 
or the vicinity thereof, and shall come to their knowledge 
without delay. And whereas there may, in some towns, 
be an engine or engines the property of individuals who 
would incline, the same might be employed for the benefit of 
the said town, subject to the like regulations and privileges 
as though the said engine or engines .appertained to the said 
town: 

Sect. 3, Be it further enacted. That whenever the pro- ^ . 

- . I 11 1 I Selectmen may 

prietor or proprietors of an engine or engines shall apply to the in tame man- 
Selectmen of any town in which the said engine or engines ^"'^^n^for 
may be, setting forth that they have such engine or engines 5j^|* *°' 
which they are desirous should be employed for the b^efit ru, § 3 , 
of the said town, the Selectmen of such town, upon applica- 
tion as aforesaid, may appoint engine men in the same man- 
ner, with the same privileges and subject to the same regula- 
tions as though the said engine or engines were the property 
of the said town. 

Sect. 4. Be it further enactedy That if any person, 
being appomted in manner herein before directed shall, in discha!^^^ 
the opinion of the said Selectmen be negligent and remiss in ^Sn^'and^'ap- 
the duties required of him as an engine man, by this act, it P***°^ oihen. 
shall be the duty of the Selectmen in the same town, upon [lb. § 5.] 
sufiSlcient evidence thereof, to discharge him from said com- 
pany, and proceed to appoint another engineman in his room, 
in the manner herein before directed. 

Sect. 5. Beit further enacted. That the said Select-^ 

flfllectniMi wf 

men, may in their discretion select firom the engme men select certain 
aforesaid, any number for each engine in their respective ^SlUu'^iM 
towns, whose duty it shall be, under the direction of the fire ** ^^* *^ 



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594 FIRE ENGINES, &c. 

Ch. 132. wards, to attend fires therein, whh axes, fire hooks, fire sails 
^■^^^'•"^^ and ladders, and who shall do such further duty as the Se- 
lectmen shall from time to time prescribe, and shall be enti- 
tled to all the exemptions and privileges aforesaid. 
[♦583] Sect. 6.* Be it further enacted^ That each town in this 

Towna may State in their March or April meeting annually, wherein the 
^^wdL ^*" 9"8l*ficd voters shall think it expedient to choose fire wards, 
shall hereafter have power to elect such number of suitable 
yirioTw P^i^sons to be fire wards therein, as shall be deemed necessa- 
§ 1-3 . ry ; and each person so elected shall be notified thereof with- 

in three dajrs ; and shall within three days after being so noti- 
fied, enter his acceptance or refusal of the said office with 
Penalty for re- ^® town Clerk. Aud if any person being so elected and no- 
fiu'iDff to serve, tjfied, shall neglect to enter his acceptance or refusal as afore- 
said, he shall forfeit and pay ten dollars, unless excused by 
the town ; and the town shall have power to elect another in 
Their duty at ^'s place, in case of such neglect or refusal. And when any 
fi'««- fire shall break out in any town wherein fire wards shall be 

appointed, they shall immediately attend thereat, and carry 
with them a suitable stafl!"or badge of their office. 

Sect. 7. Be it further enacted^ That when any fire shall 
Doty and pow- break out in any town, the fire wards thereof, who shall be 
at fires; present at the place in immediate danger, or any three of 

[lb. § 2.] them, and where no fire wards shall be appointed, a major 
part of the Selectmen present ; or in their absence two or 
and of certain three of the civil officers present ; or in their absence two or 

other civil and , . ^ ... rr- /• • i 

military offi- three of the chief military officers of said town present, shall 

^ncc? *"^ have power to dn-ect the pulling down or demolishing any 

sach house or building as they shall judge necessary to be 

pulled down or demolished, in order to prevent the further 

spreading of the fire. And during the continuance of any fire, 

officer* to'*i^ the said fire wards, or officers as the case may be, shall have 

quire assis- power to require assistance for extinguishmg the same, and 

for removing any furniture, goods, or merchandize from any 

building on fire, or in danger thereof, and to appoint guards 

to secure the same ; and also assistance for pulling down or 

demolishing any boose or building as the case may require ; 

and further to suppress aU tumults and disorders. And the 

iaid fire wards, Selectmen or officers as the case may be. 



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FIRE ENGINES, he. ($95 

shall have authoritj to direct and appoint the stations and Ch. 132. 
operations of the engine men with their engines and of all ^■^"v"^^ 
other persons, for the purpose of extinguishing the fire, and 
preventing its increase ; and if any person* shall refuse or [•584] 
neglect to obey any order given by said fire wards or officers filing to obey 
in the premises, the person so offending shall forfeit and pay &c. ^^ ' 
for each offence ten dollars. 

Secjt. 8. Beit further enacted y That if the pulling down When a buiW- 
or demolishing of any house or building, by the directions jd^^'to stop a 
aforesaid, shall be the means of stopping the said fire ; or if oJSer'Ts'^to^ 
the fire stop before it come to the same, then every owner of ">d«°>n»fi«d- 
such house or building shall receive a reasonable compensa- V^' § ^-l 
tion, and be paid for the same by the inhabitants of the town 
in which the fire shall happen. And it shall be the duty of 
the qualified voters in such town, to grant such sum or sums 
of money as shall be thought necessary and proper by the 
Selectmen of the same town, and of the Assessors to assess 
the same : Provided altcaysj That when it shall be adjudged 
fit that the house or building where the fire shall first begin 
and break out should be pulled down or demolished to pre- 
vent the further spreading and increase of the same fire ; 
then the owner of such house or building shall receive no 
compensation for the same : Provided aUo^ That if any per- 
son shall find him or herself aggrieved by the doings of the 
town, Selectmen or Assessors thereof in estimating, voting 
or assessing such sum or sums, he or she shall have a right 
to appeal and complain to the next Court of Sessions to be 
bolden in the county ; and the said Court thereon shall have 
power, on a consideration of all the circumstances of the 
case, to confirm said doings of said town. Selectmen or 
Assessors, or to alter the same in such manner as the said 
Court shall judge proper ; and in either case to award legal 
costs, as the justice of the case may require ; and the Col- 
lectors to whom the said assessments shall be committed to 
collect, shall have the same powers and be subject to the same 
duties, as in the collection of other town taxes, as well in 
collecting an assessment so confirmed or altered, as in cases 
wherein there shall be no appeal. 

Vol. II. 20 



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696 FIRE BNQINEB, IM. 

Cu. 132. Sect. 9. Be it further enacted^ That if any person 

^-f^^^^^ shall, in such case of fire, plunder, purloin, embezzle, convey 

comjeaiTiJg, ** away or conceal any furniture, goods or chattels, rights or 

JS^ng **' credits, merchandize or effects of the inhabitante whose 

J^» **' *' houses or buildbgs shall be on fire or endangered thereby, 

[lb. § 4.] and said inhabitants shall be put upon removing the same, and 

[♦585] shall not* restore or give notice thereof to the owner (if 

known) or to one of the fire wards of the town, or bring them 

into such public place as shall be assigned by the Selectmen 

of the town within two days after public notice shall be posted 

in some public place in the town by the Selectmen thereof, 

for that purpose, the person or persons so offending, and 

being thereof convicted, shall be deemed guilty of larceny, 

and punbhed accordingly. 

Penalty for oc- Sect. 10. Bc U further enactedy That if any person 

Suiid^ff as^a ^^^^ occupy or improvo any tenement or building whatever 

sail loft or Ut- in any part of any maratime town in this State, for the busi- 

ery stable ex- ' *^ "^ ' 

cept in such ness or employment of a sail maker or rigger or keeper of a 
Ce appra^ed^ livcry Stable except only in such parts of tho town as the 
^™*"* Selectmen thereof or a major part of them, shall direct and 
[lb. § 6.] determine, such sail maker or rigger, so offending, shall for- 
feit and pay for each offence ten dollars ; and such keeper of 
a livery stable shall forfeit and pay for each offence fifty dol- 
lars, for every month so occupying the same, and so in pro- 
portion for a longer or shorter time. 
Sii^St^ Sect. 11. Be U further enacted, That the several fines 
eovered and or forfeitures aforcsaid, shall be, two third parts thereof to the 
use of the poor of the town where the offence shall be com- 
^ ' ^ '^ mitted, and the other third thereof to him or them who shall 
inform and sue for the same ; and shall be recoverable with 
costs of suit, in any Court proper to try the same. 
Engine men Sect. 12. J3e t< /urt&er enoc^ed. That all persons legally 
■erring as jn- attached to any engine (c) within this State, be and they here- 
[MMs.'sSr' ^7 ^^ excused from being chosen or drawn to serve as jurors 
prfJ^M' *° ^y Court within this State, in all cases where the town 
to which such engine men belong, shall at a legal meeting of 

(e) See onward, ch. 164, § 2, and ch. 240, § 3, vol. 8, p. 71, repealing 
tho same, and making farther proYiaion on the rabjeet. See alio eh. 506, rol. 
8, p. 856. 



§ 4; Feb. 25, 
1795.] 



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INNHOLDERS, ^. 697 

its inhabitants, hj vote declare the expediency of excusing Ch. 133. 
such persons from serving as jurors. [Approved March 16, ^-^^v^^^ 
1821.] 

Additional Act, ch. 331, Vol. 3, p. 176. 



Chapter 133. 

AN ACT for the r«giiktioa of Imholden, Retmilen, and Commoo TictoaUari. («) 

Sect. 1. He it enacted' by the Senate and House 0/ innboiders^^u. 
Representatives^ in Legislature assembled^ That no person rMast. sut.' 
shall presume to be a common victualler, innholder, or seller |^;^* ^^^* 
of wine, beer,* ale, cider (6), brandy, rum, or any strong [«6g6i 
liquors, by retail, or in a less quantity than twenty-eight gal- 
lons, and that delivered and carried away all at one time, 
except such person be duly licensed as is hereinafter provided, 
on pain of forfeiting the sum of fifty dollars : and if any per- J*"*!£L*^N!k' 
son shall at any time sell any spirltous liquors, or any mixed oat UoeoM. 
liquors, part of which is spiritous, without license therefor, 
duly had and obtained according to law, he shall forfeit and 
pay for each offence the sum of ten dollars (c). 

SiCT. 2. [Repealed; lee ch. 482, yol. 8, p« S90. 

It made it the daty of town officers to meet annoally to grant Itoenaes; and im- 
poeed a doty of $6 on reuilera; and made it the duty of the town Clerk tore- 
cord licenaes granted, and make a return of them to Court Common Pleas.] 

(a) 1. Thia statute is not repugnant to the general rights and liberties of the 
citizen, secared by the constitotion. Xtinf *f cage, 6 Olf, 412. 

2. A license granted will not' aathorize a person to exorcise privileges 
onder it in more than one place at a time. See ch. 278, § 2, vol. 8, p. 106. 

8. A small baildiog on the same lot with a dwelling bouse, at the distaace 
of forty-.4ve rods fVom it, with a poMage way betwaen them, is aot an apart- 
ment or dependency of the dwelling house, thoii|fa the same person occupies 
the whole lot, indnding the bonse and bnilding. A license, thereC»ro, which 
anthorizes him to sell spiritovs liquors at his dwelling boose, will not jnatify 
him in telling them at the small building. Com. vs. Eitabrcok, 10 Pick. 298. 
See onward, note e. 

(&) So mnch of § 1, as prohibits the sale by retail, oT^'beer, ale and ei- 
der^** is repealed by ch. 482, § 4, vol. 8, p. 882. 
(e) Any forfeitare not exceedin|^ $20, mentioned in this act, may be re- 



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698 INNHOLDERS, ke. 

Ch. 133. Sect. 3.^ Be it further enacted j That all innholders ((/) 
^'f^^^^ shall at tfll times be furnished with suitable provisions and 
innboiders to lodging for the refreshment and entertainment of strangers and 
Tided, &/. travellers, pasturing and stable room, hay and provender, 
[lb. § 8] (saving that in populous sea port towns, stable room, hay and 
provender only are required,) for their horses and cattle, on 
TohaTeiurof P^'° °^ being deprived of their license. And every licensed 
innholder, shall at all times, have a board or sign affixed to 
his or her house, or in some conspicuous place near the same, 
with his or her name at large thereon, and the particular em- 
ployment for which he or she is licensed ; and if any inn- 
Punishmentfor *^^'^^'' enjoined by law to be suitably provided to receive and 
neglect. entertain strangers, travellers or others, as occasion may re- 

quire, shall be convicted of refusing to make suitable provis- 
ions when desired, for the receiving of strangers, travellers, 
and their horses and cattle, or for any public entertainment, 
such person upon being convicted thereof before the Circuit 
Court of Common Pleas, of the county to which such person 
belongs, shall by the said Justices be deprived of his or her 
license : and the said Justices shall be, and they are hereby 
empowered and directed to order the Sheriff of the same 

covered by complaint, or action of debt before a Justice of the Peace, one 
half to the complainant or plaintiflT, and the other to the town where offence 
was committed. See oh. 278, § 1, vol. 8, p. 105. 

(d) An innkeeper is chargeable for the loss of the goods of his guest com- 
•roitted to his care } unless the loss is caused by tho act of God or of the com- 
mon enemy, or by the neglect or fault of the gaest 

An action brought against an innkeeper for the loss of goods entrusted to 
him by a goest, who is a servant of the owner, may be brought in the name 
of tho owner. 

With respect to such entrusting, one who hires the goods is the servant of 
the owner. 

If a horse, chaise and harness are delivered to an innkeeper, and he re- 
ceives no separate compensation for keeping the chaise and harness, he is 
nevertheless liable for the loss of them, for the payment for keeping the horse 
includes a compensation for keeping the chaise and harness. 

If a person commits hb horse to an innkeeper to be fed, he is a gue^t, al- 
though he do not himself lodge or receive any refreshment at the inn. 

If an innkeeper, being also a keeper of a livery stable, receives a horse to 
be fed, without givug notice that ho receives it as keeper of the livery stable, 
he will be answerable as innkeeper for the loss of it. Mason 4* a/, va. 
Thompion, 9 Pick, 280. 



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INNHOLDERS,^. 699 

county, or his deputy Sheriff to cause the sign of such con- Ch. 133. 
victed person to be taken down. ^.^^v-^*^ 

Sect. 4. Be it further enacted^ That no innholder, No iimboider 
victualler, or retailer, shall have or keep in or about their aboooLbmu!!^ 
houses, shops, yards, gardens, or dependencies (c), any dice, SrdSbf4,&l!" 
cards, bowls, billiards, quoits, or any other implements used ?^ "SSl-**™" 
in gaming ; nor shall suffer any person or persons resorting 
unto any of their houses or shops to use or exercise any of 
the said games, or any other unlawful game (/) or sport within 
their said houses, sbpps, or any of the dependencies as afore- 
said, or places to them belonging, on pain of forfeiting the 
sum of ten dollars for every such offence ; and every person -^^^^^ ^^ •. 
convicted of playing as aforesaid, in any such house, shop or oJation. 
dependencies thereof, shall forfeit the sum of five dollars. 

Sect. 6.* Be it further enacted. That no innholder, , [•5d8] 

, , . No innholder, 

victualler, or retailer, shall suffer any revelling, riotous or dis- &c.to8iifferri. 
orderly conduct in his house, shop, or dependencies thereof, anoe, or exceg. 
on penalty of five dollars, to be paid by the master or keeper ii^hi, tllSlcr^ 
of the said house or shop who shall suffer the same ; and ^^ rib s e 7 1 
penalty of two dollars to be paid by each person offending in 
any of the said particulars. And no innholder, victualler, or 
retailer, shall suffer any person to drink to drunkenness or 
excess in his or her house or shop, or suffer any minor (trav- »«dcr penalty, 
ellers excepted) or servant to sit drinking there, or to have 
any strong drink there, without special allowance of their 
respective parents, guardians or masters, on pain of forfeiting 
the sum of five dollars for every offence of that kind. 

Sect. 6. Be it further enacted. That the Selectmen in Common 

dmnkardfl to 

each town, and the Assessors in each plantation, shall cause be posted in 
to be posted up in the houses or shops of all innholders, Cy Mdecuom! 
victuallers and retailers as aforesaid, within such towns or ^; ^ i^ i 
plantations, a list of the namesf of all persons reputed com- ^^f*^^**'/** 
mon drunkards (g), or common tipplers, or common game- ™«1 

{e) Any boHdiog used for tbe common parposes of an inn and situated 
within its cartilage, is a dependency of such inn. Ooffv9. Fowler, 3 Pick, 
800. See ante, note a, 8. • 

(/) Com. TB. Balkam, 8 Pick. 281. Seeante, vol. 1, p. 108, § 6. 

{g) It is made the duty of Sherifis, Deputy Sherifii, Constables and Tyth- 
ingmen, to give Selectmen and Assessors information of all sach persons. 
See ch. 278, § 8, vol. 8, p. 106. 



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700 INNHOLDEU.lM. 

Cu. 133. sters, mispending their time and estate in such houses, and 
p'^TTT^ every keeper of such house or shop, after notice given him 
feriDgeochper- as aforesaid, that shall be convicted of entertaining or suffer- 
crgmme inTSie iog any of the persous in such list to drink, or tipple, or 
''®°*' ^* ganie, in his or her house or shop, or any of the dependen- 
cies thereof, or of selling them spiritous liquor as aforesaid, 
shall forfeit and pay the sura of five dollars. 
8eiectiiiNi,iie. Sect. 7. Be U further cnacttdj That whenever any per- 
2lk of'ljirito. son shall by idleness, or excessive drinking of spiritous 
^ w?to^^ liquors, so mispend, waste, or lessen his estate, as thereby 
cewive drink- either to exposc himself or his family to want or indigent 
circumstances, or the town to which he belongs, to a charge 
or expense for the maintenance or support of him or his fam- 
ily, or shall so indulge himself in the use of spiritous liquors, 
as thereby greatly to injure his health, or endanger the loss 
thereof, such Selectmen or Assessors, shall, in writing un- 
der their hands, forbid all licensed persons, in their respec- 
tive towns or plantations, to sell to any of the aforedescribed 
mispenders of time and estate, any spiritous or strong liquors, 
[*589] in this act mentioned, for the space of one year,* and shall 
in like manner forbid licensed persons of any other town or 
plantation to which such mispender may resort for the same. 
And may re. And if any of the persons contained in the said prohibition 
hibitiol? '*"*' shall not in the opinion of the said Selectmen or Assessors, 
or the major part of them have reformed during the said 
year ; in such case, the Selectmen of such town, or the As- 
sessors of such plantations shall renew the prohibition in 
H^Jtc?^c^' manner as aforesaid ; and if any licensed victualler, innholder, 
*™f biUon*^ or retailer of spirituous or strong liquors, shall during any 
such prohibition, sell to any person contained therein, any 
spirituous liquors in thb act mentioned, he shall forfeit and 
pay for each ofience the sum of five dollars (A). 
Penally for any Sect. 8. Be U further enactedy That whenever the Se- 

person procur- , . /. i • 

ing spirituous lectmcn of any town, or the Assessors of any plantation, 
dS^ardTor shall have posted up in their town or planUtion, the names of 
STpStedr*^ any common drunkards, common tipplers, or common game- 

{h) See additional penalty, ch. 278, § 4, vol. 8, p. 106 ; also ch. 486, § 
8, vol. 8, p. 279. 



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INNHOLDERBt Apc 701 

sters, or whenever they shall have forbidden licensed persons Ch. 133. 
from selling to any mispenders of their time and estate, any r^^^^^^^ 
spiritous or strong liquors agreeably to the directions of this Feb. 12,1819, 
act, it shall not be lawful for any person to purchase or procure, ^ '^ 
for and ia behalf of such prohibited person, for his use, any 
spiritous or strong liquors ; and if any person or persons shall 
purchase, procure or sell, or shall cause to be purchased, 
procured or sold any spiritous or strong liquors to, or for the 
use of any such prohibited person during the continuance of 
such prohibition, as aforesaid, he shall forfeit and pay the 
sum of ten dollars. 

Sect. 9. Be it further enacted , That any fine, forfeiture PtenaUie«, and 
or penalty, not exceeding twenty dollar8,f arising for any of ^?^* anSTap- 
the oflences aforesaid, shall be recovered by action of debt, proprmtion. 
before any Justice of the Peace within the same county, i^^j^^f] ^ 
where said offence was committed ; one moiety thereof to 
the use of the person who may sue therefor, and the other 
moiety thereof to the use of the town where such offence was 
committed ; and all fines, forfeitures and penalties exceeding 
twenty dollars, shall be recovered upon information or indict- 
ment, in any Court competent to try the same ; and the 
whole of such fines, forfeitures or penalties, shall be for the 
use of the county where the oflfence was committed. It shall 
be* the duty of the several county attomies to file an infor- [♦590] 
mation against each and every person, who, without being 
duly licensed shall presume to be a common victualler, inn- 
holder, or retailer, upon his obtaining evidence thereof, or 
he may lay the same before the Grand Jury of the county 
for their consideration. [Approved March 20, 1821.] 
Additional Act, ch. 253, vol. 3, p. 83. 
See also act passed March 4, 1833, ch. 77. 



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702 PUBUC VENDUE. 

Ch. 134. Chapter 1S4. 

AN ACT to regulate the tale of Goods at Public Vendue. 

Sect. 1. 1>E it enacted by the Senate and Haute of 
Representatives^ in Legislature assembledy That no person un- 
to leii without less be be licensed (a) by tbe major part of the Selectmen of 
icense. ^j^^ ^^^^ ^^ wbich he belongs, shall sell at public vendue or 

JuTOi'e, 1795, outcry, any goods or chattels whatsoever : and if any person, 
^ ^'^ without such license, shall sell any goods or chattels at public 

vendue or outcry, he shall forfeit and pay a sum not exceed- 
^^ ^^' ing six hundred dollars for each offence ; and the Selectmen 

il^t^Tforlwe ^' ^® major part of them, at a meeting had for that purpose, 
year. ^q hereby empowered, by a writing, under their hands, to 

license for the term of one year, any suitable person or per- 
sons to make sale of goods or chattels, in manner aforesaid ; 
and the Selectmen are hereby durected to record every license, 
they may so grant, in a book to be by them kept for that pur- 
pose. 
If selectmen, Sect. 2. Be it further enacted^ That on application in 
rei\^Orart Writing of any person to the Selectmen of any town in this 
ma ^mn°'ii. ^^^^^i ^^ ^^ Hccnsed to Sell goods or chattels at public ven- 
cenae. due, if the Selectmen shall unreasonably neglect or refuse, 

after such application, to license such person or persons, 
applying as aforesaid, it shall and may be lawful for such 
applicant or applicants, first giving ten days notice to the Se- 
lectmen, so neglecting, or refusing as aforesaid, to apply to 
the Court of Sessions for the county where such applicant 
or applicants reside ; which Court or a major part thereof, 
are hereby authorized and empowered, on bearing the par* 
ties, to license said applicant or applicants, if they shall ad- 
judge the same just and reasonable : Provided^ Such appli- 
Profiio.' c^^ S^ve bonds to the Selectmen to pay all costs arising by 
the case being brought before the Court of Sessions. 

(a) 1. A license to eell goods by auction is of no force beyond the limits of 
the town to which the Selectmen and the anctioneer belonged at the time it 
was granted. Waterhou$e vs. Dorr, 4 OJf. 888. 

2. Sach license most be granted, and signed at a meeting of the Select- 
men, or the major part of them, had for that parpose. Clark o«. CuBhman, 
5 Ma9$. 606. 



June 16,1816.] 



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PUBLIC VENDUE. 703 

Sect. 3. Be it further enacted^ That if aoy person or Ch. 134. 
persons, thus licensed, shall receive any goods for sale at ^^^^^"^^ 
public vendue or outcry, of any servant or minor, knowing ceWiDg good* 
such person to be a servant or minor, or snail sell any of his minor or scr- 
own goods before sunrise, or after sunset (6) at public vendue "^ ' 
or outcry, he shall forfeit and pay a sum not less than fifty i?I^i6,1.TO5, 
dollars, nor more than one hundred and seventy dollars, for ^^1 
each offence : and every person thus licensed, shall keep a 
fair and particular account of all goods and chattels sold by 
him, as aforesaid, of whom the same were received and of 
the names of the persons to whom the same shall liave been 
sold : Provided J That nothing in this act shall extend to sales sheriffs, Coro- 
made by Sheriffs, deputy Sheriffs, Coroners, Constables, "mb^a^* iT 
Collectors of taxes, executors or administrators, or any other ***** **'• 
person who already is, or hereafter may be autliorized or re- 
quired by law to sell goods, chattels or lands at vendue or 
outcry. 

Sect. 4. Be it further enacted^ That the tenants or Occupiuiu of a 
occupants of any house or store, having the actual possession fi^^r'permit- 
and control of the same, who shall knowingly permit or allow jn^SJ^TOilecM^ 
any person or persons, not being licensed as in the said act ^ a«H:tionecrt. 
prescribed* to sell any soods or chattels at public vendue or [Maw. stat. 

• t. -J t. • , June 14, 1814, 

outcry, in his said house or store or in any apartment or yard § i.] 
appurtenant to the same, shall forfeit and pay a sum not 
exceeding six hundred dollars, nor less than one hundred 
dollars. 

Sect. 6. Beit further enacted^ That any penalty, incur- Penaitiea bow 
red as aforesaid, may be recovered in an action of debt, or 
by indictment or information, in any Court of Record com- 
petent to try the same ; and to be appropriated to the use of 
the complainant. [Approved January 23, 1821.] 

(ft) In an action for the penalty for lelling after snnset, the defendant k 
not estopped froai denying that be has been regolarly licensed as an auction* 
eor. Clark vs, Cuihman, 5 Mtus, 606. 

Vol. II. 21 



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704 PARISHES. 

Ch. 135. Chapter ISff.*" 

[•592] AN ACT concerning Parishef (a). 

Sect. 1. JBe it enacted by the Senate and House of 
Representatives^ in Legislature assembled^ (b) That any per- 
How parishes sons twenty-one years of age, or upwards, desirous of incorpo- 
societies may rating themselves into a parish or religious society, may ap- 
ed. *"^'^'*^ ply lo any Justice of the Peace, in the county where the major- 
ity of such applicants reside, who shall issue his warrant to one 
of such applicants, directing him to notify them to meet at 
some suitable place, in the manner by this act provided, for 
the purpose of incorporating themselves into a parish or re- 
May elect offi. ligious society. And such persons so assembled, may choose 
come^b^^ a Clerk, and such other parish officers, as they may think 
politic, with - proper ; and thereupon shall be, and hereby are declared to 
be a body politic, to be known by such name and style as 
they may ^ee fit to adopt ; and shall have all the powers and 
privileges incident by law to parishes and religious societies. 

(a) I. This statQte does not operate to dissolve territorial paHsbes ; hot 
leaves them as they stood before its enactment. Osgood v$* Brmiley, 7 
Glf, 411. 

2. By the law as it stood prior to this statute, every person resident with- 
in the limits of a territorial parish, if otherwise qualified, was ip»o facto, a 
member of thosame, nnless he was regnlarly onited as a member to some 
poll-parish. And on ceasing to be a member of such poll-parish, be became 
forthwith a member of the territorial parish within which he resided, nnless 
snch secession was colorable and fraudulent. lb, and Lord v$. Chamber^ 
lain, 2 O/f. 66. See onward, note J. 

8. The sons of the members of territorial parishes, on coming of age and 
continuing to reside within the limits of the parish, become, ipgo facto, mem- 
bers of the same. Osgood V8. Bradley »7 Olf. 411. 

4. So do persons who come to reside within the limiti of a territorial par- 
ish, and do not belong to any other religioos society. lb, 

6. A pew holder has an exclusive right to occnpy his pew, and to main- 
tain trespass, or a writ of entry against any one who disturbs him in his seat. 
But the parish may, when necessary, take down the house and rebnild on the 
same land, or may alter the form and shape of it, for the purpose of making 
it more convenient. If in doing this the pews are destroyed, the parish most 
provide an indemnity for the pew holders on just and equitable principles; it 
being a necessary condition of the property in a pew, that it shall be subject 
to the regulations of the parish, for useful purposes. Gay vi. Baker, 17 
Mass, 485. See Daniel os. TVood, fy al. 1 Pick, 102. 

(6) This section can have no relation to any parifhes except poll-periibet. 
Osgood w. BradUy, 7 Glf 411. 



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PARISHES. 705 

Sect. 2, Be U further enactedy That every parish or Ch. 136. 
religious society shall have power to take by gift, grant or M^^takTand 
purchase, aoy estate real or personal, until the clear annual hold real es- 

T - , . . . . . ^ , tate of annual 

income of such parish or society arising from such estate, income 8,ooo 

shall amount to three thousand dollars ; and to give and grant 

or bargain and sell the same ; and shall have power to order 

and establish such regulations and by-laws for the manage* 

ment of their afiairs as they may see fit : Provided^ The 

same be not contrary to the laws of this State. 

Sect. 3. Be it further ewuted^ That the inhabitants of ^ode oi caU- 
each parish or religious society may meet annually and at i^je^fi^?*^ 
such other times as they may deem proper, in the town where |^Sj^°*^ ^^^ 
the religious meetings of such parish or society are usually 
held, at such time and place as they shall be notified (c) to at- 
tend by the Assessors or standing committee of such parish or 
society, or by such other person as may have the warrant of 
such Assessors or committee therefor, such meetings to be 
notified seven days at least before the holding of the same, 
by written advertisements posted up at the principal outer 
door of the meetbg-house or place of worship of such parish 
or society,* or in such other mode as any parish or society 
may agree upon at any kgal meeting of the same ; and being 
so assembled, may, by written ballot (d) or otherwise, elect a 

(c) 1. The legality of a town or parish meeting for the choice of officers is 
sufficiently proved by showing that it was notified and warned in doe form, 
by those claimiDg to act as the legally qoalifiod officers of the preaeding 
year. TuttU o*. Carey , 7 GIJ. 426. See Parish in Sutton t>#. Cole, 3 
Pick, 232. 

2. The retoTH of the constable or collector oo the back of the witrraiit for 
calling a town or parish meeting, is the only proper evidenoe Uwt Che meet- 
ing was legally warned. lb, 

3. And snch retnm most show the manner in which the meeting was 
warned, or it wUl be bad. Nor can a defect hi this particular be supplied by 
parol evidence. /&. 

4. But if the constable^s return is thus defective, it does not follow that 
the proceedings of the inhabitants at the town or parish meeting are necessa- 
rily void, to all intents ; since in some cases the objection may be lost, on 
the gronnd of waiver or estoppel. lb. 

(d) 1. To entitle a man to vote in parish aflTain it is not necoflMry that he 
shonid have been assessed in the last parish tax. Oigood vs, Bradley, 1 
Glf, 411. But, see Sparrow vs. Wood, XBMass. 457. 



[•5931 



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706 PARISHES. 

Ch. 135. Cloric, who shall be sworn or affirmed to the faithful discharge 
^-^"'^"^^ of his office, two or more Assessors, a Collector, Treasurer (c), 
and a standinjg committee, or such other officers as may be 
deemed proper for the convenient management of their con- 
cerns. And the Assessors of such parish or society shall 
have power to manage the prudential affairs thereof, when no 
other persons are appointed for that purpose. 
G ve roentof Sect. 4. Be it further enacted^ That the Moderator of 
such meetings any meeting of any parish or religious society, shall have 

by moderator. "^ " , ii» ri 

power to regulate and manage the busmess of such meeting, 
to preserve due order and decorum therein, to remove there- 
from every person guihy of irregular and disorderly conduct 
and to administer the oath (/) of office to the Clerk. And 
when any vote declared by the Moderator, shall immediately 
be questioned by any person present, the Moderator shall make 
the same certain in such manner as a majority of the members 
present may desire. 

Sect. 5. Be it further enacted (g)j That when any five 
members of any parish or religious society shall signify in 

2. The election of the moderator of a parish meeting will be valid, though 
the meeting was called to order, and the votes were received and declared, 
by a private parishioner, who assumed that aathonty to himself. Jonet vs. 
Carey, 6 Olf, 448. 

(e) By ch. 296, vol. 3, p. 134, the treasurer may be appointed collector, 
with power to appoint deputies, pursuant to ch. 116, § 66, ante p. 698. 

(/) Colburn va. Ellis and aU., 5 Moaa. 427. 

(g) Where the record of a parish meeting shows it to have been called 
by the warrant of a justice of the peace, under St, 1786, [ch. 10,] § 2, and 
to have been regularly warned, oo exception to the outhority of the magis> 
trato appearing on the record, neither a struager, nor, it seems, an inhabit- 
ant of the parish, will be allowed to question the legality of the meeting, oo 
the ground that the application to the magistrate was signed by fewer than 
ten persons, or that some of the signers were not qualified voters. But ii 
seeijis that such irregularities, if excepted to by the inhabitants at the meet^ 
ing, would render the proceedings of the meeting void. So if persons who 
are not qualified voters, do in a fact vote at a parish meeting without being 
challenged, no one can take advantage of such irregularity to vacate the pro- 
ceedings. So a parish meeting called by persons acting as a committee of the 
parish, under color of a regular appointment, will be held legal, if no excep- 
tion to their authority is taken at the meeting. Inhbtt. of First Parish in 
Sutton vs. Cole, 8 Pick, 232. 



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PARISHES. 707 

writing their desire to have any article inserted in the warrant Ch. 135. 
or notification for calling the next meeting thereof, it shall be ^""T^^^^ 

the duty of the Assessors to insert the same accordingly. Peace may c«u 

And if such Assessors unreasonably refuse to call a meeting, tain < 



or any parish or religious society be destitute of Assessors, rMaM. sut. 

or other officers empowered to notify a meeting of the same, ^"2%^* ^^^' 

any Justice of the Peace within the county upon application 

in writing of five members of such parish or society, may 

issue his warrant to any suitable person therein, who may 

notify a meeting thereof accordingly ; and where any parish 

or religious society shall not establish the method of calling 

meetings of the same, such meetings may be notified and 

called in the manner herein before provided for the calling 

of annual meetings. 

Sect. 6. Be it further enacted (A) , That every parish and ^ ^^^ ^^ 
relicious society may at any leffal meeting thereof, grant and «»«€« monies 

. , ♦! /•» *"" collect 

vote such monies as they may judge necessary for the sup- them, 
port of the public ministry of religion, for the building, re- [ib. § s.j 
pairing,* enlarging or removing of houses of public worship [•594] 
and for all other necessary parish charges (t) ; and may assess 
the same on the polls and estates of the several members 
thereof, and cause the same to be collected, conforming to 
the laws providing for the assessment and collection of State 
taxes ; and where any house of public worship belongs to 
the members of a parish or religious society, it shall be law- on pews m part 
ful for such parish or society, if they see cause, to assess any ^^ whoUy. 
monies voted aforesaid, either wholly or in part upon the 
pews and seats of all individual proprietors therein : Provided^ Provbo. 

(A) 1. Under the provisions or § 6, parish taxes can be assessed only on 
the polls and property of members of the parish. Dallvs, Kimball^ 6 6lf, 
171. 

2. An assessment of taxes by parish assessors, npon a valuation made by 
assessors of a town, b illegal. Granger vs. Partona fy aU 2 Pick. 392. 

(t) 1. Parishes have no aathority to grant monies, except for settling minis- 
ters and bnildiug booBes of public worship, and for purposes necessarily con- 
nected with those objecU. Bangs vs. Snow fy ah 1 Mass, 181. 

2. By ch. 337, vol. 8, p. 180, assessors of taxes are responsible in their 
assessmenU, only for their own personal faithfulness and integrity. But see 
notes generally to ante ch. 116; and, particularly, note s to § 59 thereof, ante 
p. 594, which is applicable to parish assessors also. 



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708 PARISHES. 

Ch. 135. That such individual proprietors of pews and seats whether 

^■^""^"^^ members of such society or not, may be present and vote io 

granting all sums to be assessed on such seats and pews in 

manner aforesaid. And if the taxes or any of them so as- 

Pewf may be scssed on Said Dcws and seats shall remain unpaid for the 

■old for taxes. . . t i. i i /. t »« 

space of SIX months after the assessment thereof, the Treas- 
urer of such parish or religious society shall sell such pews 
and seats at public vendue to the highest bidder ; first posting 
Mode of pro- up a notification of such intended sale at the principal outer 
door of such house of public worship, at least three weeks 
before the time of sale, therein setting forth the numbers of 
the pews or seats, if any, and the amount of taxes due there- 
on ; and shall make, execute and deliver to the purchaser 
sufficient deeds of conveyance of the same, and the monies 
arising firom such sale, over and above the taxes and inciden- 
tal reasonable charges, said Treasurer shall pay over to the 
former owners of the pews and seats so sold respectively, or 
their assigns on demand. 
Each man's Sect. 7. Be it further enacted y That all monies paid by 

pew tax to be any persou for the support of public worship, or of public 

paidtobisown i <• i. . i i n .r 

designated tcachcrs of religion by a tax on any pew or seat, shall, if 
&c. ' ' such person require it, be paid over to such teacher of his 
[MaM. Stat. ^^^ religious sect as he may designate, he leaving a written 
^® ^itd^^li notice of such designation with the Clerk of such society on 
ch. ISO, of this or before tlieir annual meeting; unless such owner shaU use 
such seat or pew by attending public worship himself, his 
family or other person occupying the same under him ; and 
it shall be sufficient that such teacher be ordained and quali- 
fied agreeably to the usages of his particular sect or com- 
munion. 
t*595] Sect. 8.* Be it further enacted ^ That any person may 

become (j) a member of any parish or religious society now 
cominffamem- existing or hereafter to be created, by being accepted by the 
&c. ^ ***** ^* society of which he wishes to become a member, at a legal 
meeting of the same and giving notice thereof in writing to 
the Clerk of the society which he is about to leave ; which 

( j) It Memt by the above proyuioa that no penon can become a mem- 
ber of aaj religioua eoeiety without first ebtaiohig its conaent. Lord vs. 
Chamberlain, 2 Glf. 67. See ante, note a, 2. 



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PARISHES. 709 

notice and the time of receiving the same, it shall be the duty Ch. 135. 
of such Clerk to record. But every person ceasing to be a ^^"^"^'"'^ 
member of any parish or rengious society shall be liable to BMeMed on 
be taxed for all momes raised by such parish or society be- jj^beforei^l 
fore his ceasing to be a member thereof : Provided y That "S*** 
no person shall be compelled to join or be classed with any 
parish or religious society without his or her consent, and 
when any person shall choose to withdraw (k) from any parish drawing, &c. 
or religious society, and shall leave a written notice thereof 
with the Clerk of such society, he or she shall be no longer 
liable to pay any part of any future expenses which may be 
incurred by such society. 

Sect. 9. Be U further enactedy That the records (I) of Records of cv. 
every parish or religious society shall be free to the mspec- be open to in- 
tion of every member thereof, and of the Clerk of any other "p*^^***"* 
parish or reUgious society. And it shall be the duty of each 
Clerk to make and attest copies of record, upon request and 
reasonable compensation therefor. 

(k)l. Ceasing to attend the religioofl and secnlar meetings of a parish, and 
attending the worship and supporting the minister of another denomination, 
for any length of time, will not alone amount to a rennnciation of member- 
ship in the pariah thus left; the only mode of withdrawing, without a change 
of residence, being by notice in writing as provided in § 8. Jone$ vs, Ca- 
rey y 6 Glf. 448. 

2. The liability of seceding members of a parish to eontribate to the pay- 
ment of its then existing debts, is created for the benefit of the parish alone. 
Ftrnald vs. Xetins 4r ol. 6 Qlf, 264. 

S. Whether a seceding member, who does not join any other Society, is 
liable, by a fair construction of § 8, for any other and greater portion of 
the then existing debts of the parish, than one who does, is doubted. 76, 

4. The membership of a parishioner ceases, tpso facta^ upon his filing a 
certificate pursuant to %S. lb, 

5. The remedy for satisfaction of a judgment against a parish, by levy on 
the property of its members, is to be pursued against those only who were 
members at the time of the rendition of judgment, or at farthest, at the time 
ofcommeaeementof the action. lb, 

6. If all the members withdraw, and thus dissolve the corporation, wheth- 
er its creditors may not have a remedy by action of the ease, or by bill in 
Chancery, agamst those mdividnals on whom the liability would have re- 
mained had the corporation contimied to exift« — Q^er9, lb. 

(/) Parish reeorda as to grants of money may be contradicted and falsified 
by parol evidence. Bangs vs. Snow 4r ah I Mass. 181. 



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710 PARISHES. 

Ch. 135. Sect. 10. Beit further enacted (m). That the minister 
y^^^^ or ministers of every parish or religious society of every de- 
parishes may nomination (n) are, and shall be deemed capable of taking in 
eS^^on!&c! succession any estate granted to the minister and his suc- 
Modeof alien- cessors or for the use of the ministry, or of the poor of the 

ntioD by such ^ "^ ^ *^ 

ministers, church, and of prosecuting and defending all actions, petitions 
[Mass. Stat, and processes touching the same, and no alienation by any 

Feb. 20, 1786, ... . , ° . j . *U ' ' . J U' 

§ 1.] minister, of any estate granted to the mmister and his suc- 

cessors or for the use of the ministry shall be valid any longer 
than during such alienors continuing minister. And the dea- 

and by deacons cous, cldcrs, trustccs. Stewards, or other presiding officers of 

and elders in . . t . , . 

certain cases, every church or religious society having by its usages no 
settled minister, shall be deemed capable of taking in suc- 
cession any estate granted to them to the use of such church 
or of the poor thereof: and of prosecuting and defending all 
actions, petitions and processes touching the same. But no 
[•596] alienation of such estate* by such deacons, elders, trustees, 

Modeof alien- stewards, or presiding officers shall be valid any longer than 
during the alienors continuing in office : Provided hotoever^ 
That such deacons, elders, trustees, stewards, or presiding 
officers, may with the assent of the church or society alien- 
ate in fee any estate acquired by them or by such church or 

Limitation as society by purchase ; and no minister, deacons, elders, trus- 

to amount of J J r ? 7 7 7 

esute. tees. Stewards or other presiding officers shall be deemed 

capable of taking any estate granted as aforesaid, so long as 
the clear annual income of any prior grants to such minister, 
deacons, elders, trustees, stewards, or presiding officers or 
their predecessors, or to the church, shall be and remain 
equal to the sum of three thousand dollars. 

(m) 1. The deacons ofthe Societies ofShakera are capable of taking and hold- 
ing lands in saccession within the meaning of § 10. Anderson tf al^ vs. 
Brock, 8 GIf. 248. 

2. The members of a family or Society of Shakers are competent witness- 
ess, without releases, in any suit, in which the deacons are parties, not di- 
rectly concerning the common property. Richardson vs. Freeman if ah 6 
Olf. 57. 

(n) By ch. 299, vol. 8, p. 189, <'the overaeera of each monthly meeting, 
of tke denomination of people called dnakeff,*' are made a body corporate 
for holding similar grants, &c. 



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BnrrBS AND DfiAtHS. 711' 



Sect. 11. Be ft further enaeiedj That aD (o) laws now Ch. 136. 
b force in this State inconsistent with the provisions of this ^■-^""^''"^ 
act, be and thej are hereby repealed. [Approved March 



13, 1821.] 



Additional Act, ch. 996, Vol. 3, p. 134. 
See ch. 405, vol. 3, p. 255. 



Chapter 1S6« 

AN ACT for recordiog BirOis aod DeailM by Um Clerks of townt. 

Sect. I. Be U enacted by the Senate and House of 
Repi^esentativesj in Legislature assembkd^ That it shall be TownCWkto 
the duty of every town Clerk within this State, to record all JJU deaUw. 
births and deaths which shall happen within his town and come r^,^ g^at. 
to liis knowledge, together with the time of such birth or *"*•*» ^'^^* 
death, and the names of his or her parents, if known, for the 
fees allowed by law, to be paid by his town. 

Sect. 2. Be it further enacted^ That it shall be the duty 
of parents to give notice to the Clerk of the town in which J^^^i^^* 
they dwell, of all the births and deaths of their children ; births and 

of every birth and death which may happen in his house ; *• * ' '^ 
and of the eldest person next of kin to give such notice of abo each 
the death of his kindred ; and it shall be the duty of the 
master or keeper of any almshouse, workhouse or prison; Eachmartcrof 

!/.» ti t. , alme-howe or 

and of the master or commander of any ship or vessel, to ■bipori 



give notice of every birth and death which may happen in 
the house or vessel under his care or charge, to the Clerk [♦5911 
of* the town in which such event shall happen ; and in case 
any person whose duty it shall be by virtue of this act, to 
give notice as aforesaid, shall neglect to perform the same 
for the space of six months after the birth or death shall hap- 
pen, the person so neglecting shall pay a fine of one dollar, ^^^ ^ 
to be recovered with costs of suit, on complamt before any 

(o) The statute of MaMachnsetU of Feb. 20, 1786, ra far ai the Mine is 
not inconsistent with this statute and with eh. 114 of the Laws ef thb State 
[ante p. 649] is in force m this State. 0$good vs. BradUy, 7 Q^f. 411. 

Vol. II. 32 



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713 MANUFACTURING CORPORATIONS. 

Ch. 137. Justice of the Peace for the sanie county, to the use of any 

"■^"'^"^^ inhabitant of the same town who shall prosecute for the same. 

^ [Approved February 28, 1821.] 



Chapter 137. 

AN ACT definiDg the general powen and duties of Manufacturing Corporaiionf. 

Sect. 1. Be t( enacted by the Senate and House of 
Manafacturing RepresentaHves^ in Legislature assembled^ That all (a) corpo- 
nuMMSooJSdf- ^^*^o°s which may hereafter be established within this State, 
ficen, dec. for the purpose of carrying on any kind of naanufacture, or 
rMaai. Stat, manufactures, shall have power from time to time, to choose 
§ "i 'a Clerk, who shall be sworn by a Justice of the Peace to 

the faithful discharge of his duty, and who shall record all 
votes of the corporation in a book, to be by him kept for 
that purpose ; a Treasurer, who shall give bonds in such 
manner and in such sum as any such corporation shall direct, 
and such other directors, agents and factors, as shall be 
thought necessary and convenient for their regular govern- 
ment and to carry into effect the several objects for which 
and make bye- any such corporation may be established ; and to make and 
establish any rules and bye-laws for the regulation and gov- 
ernment of said corporations, with reasonable penalties for 
the breach thereof, not exceeding the sum of twenty dollars, 
and the same at their pleasure to repeal and annul : Provided, 
That such rules and bye-laws shall not be repugnant to the 
Constitution and laws of this State. 
HowfiretmMt- Sect. 2. Be it further enacted^ That a majority of the 
cnSed. persons named in any act of incorporation may call the first 

£lb. §2.] meeting of the corporation, by giving notice of the time and 

(a) 1. An aggregate corporation may be liable in an action of assnmpsit ; thn 
evidenoo in support of such action may be some express stipulation made hj 
the agent or directors of the corporation ; or the duty may arise on some act 
or request of such agency, within their authority, where no express stipula- 
tion is to be proved. Hoyden ^ at. vs. Middlesex Turnpike Corporation, 
10 Jlfois. 897. See next oh. § 2, note d. 

S. Sea notes to maiiginftl reference, § 81, p. 858, ▼ol. 1. 



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MANVFACTURINO CORPORATIONS. 71 3 

place of meeUng, in some public newspaper printed in the Ch. 137. 
county where the manufactory shall be established, at least ^-^"^^•^-' 
fourteen* days before the time of the meeting ; and if no 1*598] 
paper is printed withm the county, then public notice of the 
time and place of meeting shall be given as aforesaid, in a 
newspaper printed in some adjoining county (6). 

Sect. 3. Be it further enacted. That the property of 
all such corporations shall be divided into shares, and nam- nich corporm- 
bered in progressive* order, beginning at number one ; and Tided ioto 
every original member of such corporation shall have a cer- ^l^j^Jj^erad. 
tificate under the seal of the corporation, and signed by the -jj^ . 3 , 
Treasurer, certifying his property in such share as shall be 
expressed in the certificate. 

Sect. 4. Be it further enacted. That any share may be 
alienated by the proprietor thereof by a deed under his hand b?^J2i£l!i>S! 
and seal, acknowledged before some Justice of the Peace, 
and recorded by the Clerk of the corporation in a book to be ^ 
by him kept for that purpose ; and any purchaser named in 
such deed so recorded, shall on producing the same to the 
Treasurer, and delivering up to him the former certificate, be 
entitled to a new certificate executed in form aforesaid. 

Sect. 5. Be it further enacted. That any such corpora* Oorp&mion 
tion may from time to time, at any legal meeting called for S^^SnTST*" 



that purpose, assessf upon each share, such sum or sums of *^*ch. 885. 
money, as shall be judged by such corporation necessary for vol. 8, p. 284.] 
raismg a capital for the establishment and completion of the [lb. § &•] 
object of the incorporation, and for defraying the charges 
and expenses incident thereto, to be paid to their Treasurer 
at such time or times, and by such instalments as sliall be 
directed by the corporation ; and if the proprietor of any J^^^^^I' 
share or shares shall refuse or neglect (c) to pay any tax or ^ •»»■*>««■• 

(ft) It is not competent for a member of such corporation to object an irreg- 
ularity in the warning of their first meeting, in an action against him for his 
subscription money, afler they have been in fact organized and have trans- 
acted business several years. Chester Olast Company vs. Dewey, 16 
Mtus, 94. 

(e) An action does not lie for an incorporated manufacturing company against 
a stockholder for the recovery of the assessments laid by the company. 
Franklin Glass Company vs. White, \4Mas8. 286. See notes to § 11 
oftheneitchapteit A\»o,Chs$ter Glass Company vs. Dewey, 16 Mass. 94. 



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714 TURNPDUB OOlPORATIOm. 

Ch. 138. assessment duly voted and agreed on bj said corporation, for 
^-^^>^^^ the term of thirty days after the time set for the payment 
thereof, the Treasurer of such corporation is hereby author- 
ized to sell, at public vendue, the share or shares of such 
ddinquent proprietor, sufBcient to pay all taxes or assessments 
which may be then due from said proprietor, with all neces- 
sary and incidental charges ; after having given public notice 
in 8<mie newspaper printed in the county where the manufac- 
NoUoe to to ^^jy jg esublisbed, if any is printed therein, otherwbe in 
some adjoining county, of tba tim« and place of sale, with 
[•599] the sum due on each share, at least three weeks successively* 
before the sale ; and such sale shall be a legal transfer of the 
shares so sold to the purchaser, and when the purchaser shall 
produce a certificate of such sale from the Treasurer to the 
Clerk of the corporation, with the name of the purchaser, 
and the number of the share or shares sold, the same shall be 
entered by the Clerk on the books of the corporation ; and 
Eflectofnle. ^^^^ person shall be considered, to all intents and purposes, 
the proprietor thereof; and shall be entided to a certificate 
in the form prescribed in the third section of this act. 
Sect. 6. Be it further enacted^ That all acts incorpo- 
i^mh oorl rating manufacturing companies, shall be deemed and taken 
pomiOTMoto ^ jjg public acts, and as such may be declared upon, and 
pabiicaetf. giy^n in evidence in any Court of law, without specially 
[n>. § 7.] pleading the same : Provided always^ That the Legislatiu-e 
may from time to time, upon due notice to any corporation, 
make further provisions and regulations for the management 
of the business of the corporation, and for the government 
thereof, or wholly to repeal any act, or part thereof, estab* 
lisbmg any corporation as shall be deemed expedient. [Ap- 
proved March 8, 1821. J 

Additional Act, ch. 231, Vol. 3, p. 50. 
See ch. 494, Vol. 3, p. 340, 



Chapter 1S8. 

AN ACT defioiog the general powen and duties of Turnpike CorponUioiM. 

Sect. 1. Be U enacted by the Senate and House of 
Representattveij in Legislature assembkd^ That no turn- 



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TURIfPIKfi OOWOILATIONS. 715 

pike (a) corporation shall be created, except a committee Ch. 138. 
shall have first been appointed by the Legislature, and viewed xiiJ^^ikTcor- 
the rout proposed by the petitioners, who shall be at the ex- poratioot not 

, ^ . , t « . . 3 r , tobe granted, 

pense thereof. And that all committees appomted for the nntiiaiiera 
purpose aforesaid, shall, before they proceed to view any ^J^^ ***^ 
proposed road, give pubUc notice of the time and place of B^Jt^efSios, 
their meeting, by publishing the same in some newspaper ^M. ^^ 
printed in the county where said road is proposed to be laid, mittee to ghr« 

./. , . . . 1 . , .« . , . notice, kc. 

if any such paper is prmted therein, and if not, m such other 

way as they may think will give general notice to all interested, 

and shall also give notice to one or more of the Selectmen 

of each town through \^ch they propose to view, and of 

the* time they shall make their report to the Legislature, [•600] 

that all persons may then appear and s^ow cause, if any they 

have, against the prayer of the petition. 

Sect. 2. Be U further enaetedj That whenever any 
grant is made for a turnpike road, and application is made to Whentm-npike 
the Court of Sessions within the county where said road is Court of Ses- 
situated, said Court shall appoint a committee of five disin- ^-J^^ ^Lmtt- 
terested freeholders within the same county, at the expense tee to lay it out. 
of the Corporation, who shall be invested with the same pow- U^- § ^1 
ers, observe the same rules, be under the same restrictions, 
perform the same duties, and make return of their doings, 
in the same manner as is provided by law for similar com- 
mittees appointed by said Court for laying out public high- 
ways. And said corporation (6) shall be liable to pay all ^ ^^.^^ ^ 
damages that may be estimated by said committee ; saving to p^^ damages 
either party the right of trial by Jury (c) respecting damages said comimt- 

(a) 1. The pablic have only an easement in a tampike road, and the owner« 
of the soil may maintain trespass against an individual for ploughing up the 
land. Robbiiu vs. Barman, 4* ah 1 Pick, 122. See note a, 3, p. 606. 

2. Bat the turnpike corporation may make any nse of the land which is 
necessary for the enjoyment of its franchise ; as for bstance it may caose a 
Swelling house to be erected lor the toll gatherer, trees to be cat down, a 
cellar and well to be dag, &c. on land OTer which the tampike passes. 
Tucker vs. Tawn^ 9 Pick, 109. 

{by Not the corporators. Com* vs. Slue H. Turnpike, 5 Mass. 422. 



(c) Upon application for a jory to assess damages in each case, notice 
shoald ]}e given to persons intesested, u$ show caose why a warrant for sam- 
moning a jory onght not to be issued. Cenirml T. C. PeiiHimerWf 7 Pick. 
18. See Com, vs. Hall ^al.8 Pick. 440. 



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716 



TURNPIKE CORPORATIONS. 



Ch. 138. 



tee; raving to 
etkch party » 
right to jury, 

unless the cor- 
poration pur- 
chase the land. 
[fAnte, p. 
606] 

Width of such 
roads. 



Where gates 
may be erect- 
ed. 

[lb. § 8.] 



AAer the road 
is made and 
amproTed by C. 
C. Com. Pleas, 
corporation 
may erect 
gates. 

lib. § 4.] 



[•601] 
Rates of toll. 



only, according to law making provision for the recovery of 
damages arising from the laying out highways :t Provided 
hotoever, That said corporation may purchase and hold lands, 
over which they may make their road ; in every such case, 
the estimation of damages shall be omitted by said commit- 
tee (cl). And no turnpike road hereafter granted shall be 
less than four rods in width, and the travelled part of the same 
shall not be less than twenty-four feet in any part thereof. 

Sect. 3. Be U further enactedj That no gate shall be 
erected by any turnpike corporation, on any county or town 
road before established ; and no turnpike gate shall be erected 
across any turnpike road where full toll shall be demanded, 
except said gate be ten miles distant from any other turnpike 
gate, on the same road, unless the act granting the same road 
shall contain a different provision. 

Sect. 4. BeU further enacted. That it shaU be lawful 
for all turnpike corporations that may be established by law, 
whenever the road shall be sufficiently made, and so allowed 
and approved by the Justices of the Circuit Court of Com- 
mon Pleas within said county where said road shall be situ- 
ated ; and they are hereby authorized to erect gates in such 
place or places as the said Justices shall direct ; to demand 
and receive of each traveller or passenger at each of said* 
gates, the following rates of toll, viz. For each coach, char- 
iot, phston or other four wheel spring carriage, drawn by two 
horses, twenty-five cents ; and if drawn by more than two 
iiorses, two cents for each additional horse ; for every waggon 
drawn by two horses, ten cents ; and if drawn by more than 
two, two cents for each additional horse ; for every cart or 
waggon drawn by two oxen, ten cents ; and if by more than 
two, twelve and a half cents ; and if by more than four oxen 
or horses, two cents for each additional ox or horse ; for 
every curricle, fifteen cents ; for every chaise, chair, sulkey 
or other carriage for pleasure, drawn by one horse, twelve 

{d) A. agrees in writing with a tnmpike eerporation to let them have hi§ 
land for the tarnpike, they paying at the rate of 100 dollars per acre, naakiog 
a wall, &c. and B. in behalf of the corporation engages to falfil their part of 
the contract. This waa held to be a contract to sell to the corporation a per- 
petaal leeseoient over the land ; and B. waa held to answer personally on 
the eontract Tucker vs. B4U$, 5 Ma9$. 164. See ante, ch. 187, $ 1, note a. 



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TURNPIKE OMIPOIUTIONS. 717 

and a half cents each ; for every cart, waggon or truck drawn Ch. 138. 
by one horse, six and a quarter of a cent each ; for every ^"^^^^^ 
man and horse four cents ; for every sleigh or sled drawn by 
two oxen or horses, eight cents ; and if drawn by more than 
two oxen or horses, one cent for each additional ox or horse ; 
for every sleigh or sled drawn by one horse, four cents ; for 
all horses, mules or neat cattle led or driven, besides those 
in teams or carriages, one cent each ; for all sheep or swine, 
at the rate of three cents by the dozen : Provided Aotoever, 
That the corporation may if they see cause, commute the 
rates of toll with any person or persons or with any corpo- 
ration, by taking of him or them a certain sum annually, to 
be mutually agreed on, in lieu of the toll aforesaid ; and carts 
or waggons having wheels, the felloes of which shall be six 
inches broad or more, shall be subject to pay only half the 
toll which carts or waggons otherwise constructed shall be 
liable to pay. And all turnpike corporations shall erect in 

. 1 11 « . 11 1 1 Sign board to 

some conspicuous place where the toll is collected, exposed be enecux], ex- 
to view, a sign board, with the rates of toll of all tollable rata of toiL 
articles, fairly and legibly written or printed in capital letters ; unuhoU ti. 
and whenever said corporation shall neglect so to do, they ^dlfrSS*. / 
shall not be entitled to demand or receive any toll at the said 
gate. 

Sect. 5. Beit further enacted, That if any person shall Penalty forde- 

1 1 i .... , ., stroying or in- 

cut, break down or otherwise injure or destroy any turnpike jnring gates or 
gate, on any turnpike road ; or shall dig up or carry away w^^ng^Jti" 
any earth or gravel from such turnpike road, or in any other £^^^^11***"^ 
manner damage the same ; or shall forcibly pass (e), or at- i^^- § ^-1 
tempt* to pass such turnpike gate, without having first paid [*602] 
the legal toll, with an intent to avoid the same, such persim 
shall forfeit and pay a sum not exceeding fifty dollars, nor less 
than five dollars, to be recovered by the Treasurer of the cor- 
poration to their use, in an action of trespass. And if any 
person, with his or her horse, team or cattle, shall turn out frJ^IS^nUy 
of such road to pass any turnpike gate with intent to avoid pay- avoiding a 
ing the toll, and again enter on the said road, such person shaU 

(«) Passuig in a vehicle awiflly by a turnpike gate and not stopping when 
called aAer to pay the toll, is a forcible passing within the meaning of the 
itatato respecting tornpike roads, ^/tehols vs. Bertram 4* al. 8 Pick, 842. 



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718 TURNPIKE CORPORATIONS. 

Ch. 138. forfeit and pay treble tbe toll which could have been payable 
'-'^^s^^^ at such gate, to be recovered by the Treasurer of said cor- 
poration to their use in an action of trespass on the case. 
Provided however^ That nothing in thb act shall extend to en- 
Certain per- ^^^® ^7 tumpikc Corporation hereafter established, to demand 
SODS exempted or rcccive toU from any person that shall be passing on foot 
or with hb horse or carriage, to or from his usual place of 
public worship ; or from any person passing on military duty ; 
or from any person residing in the town where the gate may 
be placed, unless they* are going or returning from beyond 
the limits of said town ; or from any person going to or from 
any grist mill, or on the common and ordinary business of 
family concerns (/). 

Sect. 6, Be U further enacted, That every traveller be- 
fenal^^giw' ing about to pass any turnpike gate or toll bridge within this 
Bwer to a toll State, and claiming to be exempted by law from the payment 
cTaimbg ex- of toU, shall, if required by a toll gatherer, first deliver to him 
cinption. jjjg jjjjjjj^ ^^ pij^^g ^f abode ; and whoever shall for the pur- 

F^b"24^i8i4 P^^® ^^ avoiding the payment of toU at any such gate or bridge, 
§ 1-1 ' wilfully give a false account to a toll gatherer of his name or 
place of abode, and thereby pass the gate, toll free ; shall for- 
feit and pay to the use of such corporation, for every such 
offence, the sum of ten dollars, to be recovered by the Trea- 
surer of said corporation by an action of debt. 
Penalty for Sect. 7« Be it further enaetedy That if any turnpike 

rawTdian le- Corporation, their toll gatherer, or others in their employ, shall 
gal toU. demand or receive more toll than is by law established, the 

said corporation shall forfeit and pay a sum not exceeding ten 
dollars, nor less than two dollars ; to be recovered before 
any Justice of the Peace within the county where the offence 
[•603] is committed,* by the person mjured, delayed or defrauded, 
to his or her use, in a special action of the case ; and all writs 
against any turnpike corporation shall be served on the 

(/) A person residing in a town where a torapike gate is placed, who is ex^ 
eoapted from toll when going " on the common and ordinary business of (am- 
ily concerns within the said town," is not, by ▼irtae of snch exemption, en- 
titled to pass the gate free of toll, when going into another town npon snch 
. concerns, ^ent w. JSTewburyport Turnpike Corporation, 4 Pick, 888. 
Soe Medford TSsmpike Corporation m. Torrty, 2 Pick. 688. 



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TURNPIKE CORPORATIONS. ,719 

Treasurer of said corporation, or on some individual mem- Ch. 138. 
ber thereof, living in the county where the offence shall be „^'f"^7^ 

^ In ode ol serv- 

committed, by leaving a true and an attested copy of the same i°g procon on 

with the said Treasurer or individual member, at least foiu*- Sons. ^^^^' 

teen days before the day of trial. And the said Treasurer 

or individual member shall be allowed to defend the same 

suit in behalf of said corporation ; and the said corporation ^ . .. 

1 11 1 !• 1 1 11 1 1 . I 1 Corporation li- 

shall be liable to pay ail damages which may happen to any able in dunn- 
person from whom toll is demandable (^) , for any damages ^^* 
which shall arise from defect of bridges or want of repair of an*^ to indict- 
said turnpike road ; and also liable to presentment by a Grand lect to repair. 
Jury, for not keeping the same in good repair. 

Sect. 8. Be it further enacted ^ That if any turnpike or Penaityforhin- 
bridge corporation, or any agent thereof, shall unreasonably laying travel- 
delay or hinder any person driving any cart or waggon, sleigh »* <> ga e. 
or carriage, from passing any turnpike gate or toll bridge, ^^^ ^gji 
such turnpike or bridge corporation, shall forfeit and pay to § ^-1 
such person so delayed or hindered a sum not less than two 
dollars, nor more than twenty dollars, to be recovered by 
such person by a special action of the case. 

Sect. 9. Be it further enaetedj That where any turn- Where tnm- 
pike road hereafter establisl^ shall intersect any former pub- moUier "i^, 
lie highway, it shall be the duty of the proprietors of such m^e!"* ^ 
turnpike so to construct their road, that it shall be convenient 
and feasible for travellers to pass from such former public 
highway on to such turnpike. 

Sect. 10. Be it further enacted That the shares in all shareiintnm- 
turnpike corporations shall be taken, deemed and considered SonSatotT'^' 
to be personal estate, to all intents and purposes ; and may ^^ transfer- 
be transferable, and the mode of transferring the said shares IJ'^i,?^?; , 

fi&ar. losloOo. J 

shall be by deed, acknowledged before any Justice of the § 8.] 

{g) 1. This proTision iniitt operate as a limitation of the right of action to 
such persons as are liable for toll, and of coarse a deprivation of the common 
law right of action (torn those who are eiempt from toll. Williams o«. 
ISngham Tumpikt Corporation^ 4 Pick, 847. 

2. The declaration in snch action should state that the plaintiff is a person 
from whom toll is demandable ; and the want of such an ayerment, or alle- 
gations from which that fact may be inferred, is not cured by yerdict lb. 

Vol. II. 23 



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720^ TURNPIKE CORPORATIONS. 

Ch. 1S8. Peace, and recorded bj the Clerk of said corporation, in a 
^^""'"^^ book kept for that purpose. 
When » pro- Sect. 11. Be it further enacted. That whenever any 
prietorne^ti proprietor of a share or shares in any turnpike corporation 
ments, what hereafter established, shall neglect or refuse to pay any tax 
he had. or assessment duly voted and agreed on by such corporation,* 

1*604] to their treasury, within sixty days after the time set for the 
[lb. § 10.] payment thereof, the Treasurer of said corporation is hereby 
authorized to sell at public vendue the share or shares of such 
delinquent proprietor sufficient to defray the said tax oi: as- 
sessment, and all necessary and incidental charges, after 
having given public notice in some newspaper printed in the 
county where the road lies, if any is printed therein ; other- 
wise in some public paper printed in an adjoining county ; 
with the sum due on each share, and the time and place of 
sale, three weeks successively, at least, before the sale. And 
such sale shall be a legal transfer of the shares so sold, to the 
purchaser ; and on the purchaser producing a certificate of 
such sale from the Treasurer to the Clerk of said corporation, 
with the name of such purchaser, together with the number 
of the share or shares so sold, shall be by the Clerk entered 
on the books of the corporation ; and such person shall be 
considered to all intents and purposes, the proprietor thereof; 
and the overplus, if any there be, shall be paid by the Treas* 
urer, on demand, to the person whose share or shares were 
so sold (A) . 

(h) I, When the members of a Turopike Corporation have ezprestlj agreed 
to pay the assessments that may be made by the corporation, an action lies 
for the corporation to recover the assessments ; but if there be no such agree- 
ment, the only recovery of the corporation is by a sale of the shares of the 
delinquent members. IVoreester Turnpike Corporation vs. fFt//ard, 6 
Masi. 80; j1, 4r M, Turnpike Corporation vs. Oouid, 6 Ma$8. 40 ; 
Taunton 4r 8, B, Turnpike Corporation os. Wkiiing, 10 Maes. S27. In 
Ssiex Turnpike Corporation vs. Collins, 8 Mass. 292, it was held, that 
no action liee for a tnmpike corporation, for the asseMments against one who 
had subscribed a promise to take shares and to pay the assessments thereof, 
after a part of the turnpike was completed, where there is no act of the cor- 
poration either previoosly anthoriziog, or afterwu da ratifying his sobscrip- 
tion. In Middltsea Turnpike Corporation vs. Swan, 10 M(xss. 864. 
where one engaged to take shares, and to pay all assessments, and afterwards 
the course of the road was altered by law ; it was holden that he was not 



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TURNPIKE OORPORATIONS. 731 

Sect. 12. Be it further tnacttdj That all loaded carts or Ch. 138. 
waggons, passing on anj turnpike road within this State, car- jJ^^^^y^ 
rying more than forty-fire hundred gross weight, shall be wheels to be 
drawn on wheels having each a felloe not less than three and |>ikM,^^r^* 



an half inches wide ; and if any person or persons shall pass f^^^ g^ 
on any turnpike road in this State, with a cart or waggon J"^- **» *®*^ 
loaded as aforesaid, with narrower felloes than is above pro- PeuOty for ▼£. 
rided, he or they shall pay to such turnpike corporation, ^yluoo* 
three times the legal toll for such loaded cart or waggon. 
And it shall be the duty of any person or persons driving or 
having the care of a loaded cart or waggon, passing on any 
turnpike road as aforesaid, upon the request of the toll gath- gi^e tme ae- 
erer to give a true account of the weight of his load, and also 2hS M^nSe 
his name and place of abode ; and if he shall refuse to give, JJ^*®^^'' 
or wilfully misrepresent the weight of his load, or shall give 
a fake account of his name or place of abode, with intent to he. 
defraud any turnpike corporation, he shall forfeit and pay to 
the use of such turnpike corporation, the sum of ten dollars 
for every such offence, to be recovered by the Treasurer of 
such turnpike corporation by action of debt. 

Sect. 13.* Be it further etMCtedy That if any perscm or [*6051 
persons shall open or make any road or passway, leading from makii^ roLis 
any turnpike road within this State, and reunite said road or S^^iT' m 
passway with the same turnpike road, or any other road con- *^^®^ ^^ 
nected therewith, with an intent and for the purpose of avoid- 
ing, or aiding others to avoid, any gate on such turnpike 
road, he or they shall forfeit and pay to the use of such turn- 
pike corporation, so intended to be injured, a sum not less 
than two hundred dollars, nor more than one thousand dollars, 
to'be recovered by the Treasurer of such turnpike corpora- 

boand by hii eogagementi to pay the assessments, though he bad acted in 
■eTeral offices of the eorporation, and had, as one of the direetOTB thereof, pe- 
titioned the legislature for the alteration. 

2. A member's declaration in public corporation meeting, that he would 
spond half of his estate, in reference to the making of the proposed road, is 
no evidence of an express promise to pay the assessments on his share, so as 
to sustain an action against him for the assessments. A, ^ M. Turnpike 
Corporation v$. Hay, 7 Ma$9, 103. So if one simply engages to become a 
proprietor of a certain number of shares, without promising to pay assess- 
ments, the only remedy of the corporation Is, by sale of the aharet. At B. 
ijr B, Tmnpikt Corporation vs. Adanu, 8 Afoss. 141. 



[n>. § a.] 



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[lb. § 4 ] 



722 TURNPIKE CX)RPORATIONS. 

Ch. 138. tion in an action of trespass on the case : Provided houever, 
„ ^-^"^^"^-^ That nothing in this section contained shall be construed 

Proviso. ^ 

to extend to the opening or making of any county road. 
Penalty for dri- Sect. 14. Bc it further enacttdy That if any owner or 
a cwtoin*nw^ porson having the care of any drove of neat cattle or horses, 
h^r^^o'ver^'^ and driving the same over any turnpike bridge, or over any 
bridges, &c. at toll bridge within this State, shall permit more than twenty 
neat cattle or horses to be on any such bridge which shall be 
more than fifty feet in length from one abutment, pier or trus- 
sel part to another, at one and the same time, without the 
consent of the toll gatherer or agent of said corporation ; or 
or loaded if any owner or person shall drive or transport over any such 

teams beyond a ^ * 

certain weight, bridge without the consent of the toll gatherer or ag^nt there- 
of, any loaded cart or waggon, or other carriage, the weight 
whereof shall exceed forty-five hundred gross weight, exclu- 
sive of the team and carriage, and shall thereby break down 
or injure such bridge, such person or persons, owner or 
owners, shall not recover any damages of the corporation 
owning such bridge (t) . 
Penalty for Sect. 15. Be it further enacted^ That if any person 
wS"^&c. driving or having the care of any loaded cart or waggon, 
flWe'^un^^^" passing on any turnpike road, within this State, shall lock, 
them, dtc. chain or fasten any of the wheels of such loaded cart or wag- 
[Ib. § 5.] gon, without putting under such locked, chained or fastened 
wheel, an iron shoe, not less than six inches wide and twelve 
inches long, such person driving or having the care of such 
loaded cart or waggon, shall for every offence forfeit and pay 
to such turnpike corporation, a sum not less than two dollars. 



(t) In an action against a turnpike corporation for damage done to mer- 
chandise tbrongh the insufficiency of a bridge, and which was more than fiCiy 
feet in length from one abatment to another, the driver of the wagon contain- 
ing the merchandise, which weighed more than forty-five hundreds, testified, 
that he did not inform any toll gatherer that his load weighed more than 
forty-five hundreds ; that he frequently drove loaded wagons over the road, 
which usually eiceeded that weight, but that be never informed any toll gath- 
erer of it, not having been mqnired of as to the weight. It was hild, that 
the evidence would not authorize the jury to infer the consent of a toll gath- 
erer to his passing over the bridge, which is required by statute 1813, ch. 161, 
§ 4, in such case, in order to render the corporation liable for damages 
Pomeroy »». Fifth Mass. Turnpike Corporation, 10 Pick. 35. 



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TURNPIKE OORPORATIONS. 723 

nor more than twenty dollars, to be recovered by the Treas- Ch. 138. 
urer* of such turnpike corporation, in an action of trespass ^jCjCTT' 
on the case. 

Sect. 16. Be it further enacted^ That the first meeting F\nt meeting 
of all turnpike corporations hereafter established, shall be ration to be 
held at such time and place as shall be agreed on by a major jor part^of "Se 
part of the persons to whom the grant is made, for the pur- g™*»*««»- 
pose of choosing a Clerk, who shall be sworn to the faithful ^'""■{g^^lks 
discharge of the duties of his office, and such other offi- § 12.] 
cers as may be aereed on by said corporation ; and may then May make 
or at any subsequent meetmg, establish such rules and reg- repugnant to 
ulations, as shall be judged necessary for the well ordering of ^^*^""^» 
the affairs thereof: Providedy That no such rules and regu- 
lations shall, in any manner, be repugnant to the Constitution 
and laws of this State ; and thot said first meeting shall be 
notified, by publishing the same in some newspaper printed 
nearest to where the said road lies, at least two weeks before 
the said meeting. 

Sect. 17. Be it further enacted^ That whenever the c. Court Com- 
directors of any turnpike corporation heretofore established JJ°° rnpeti- 
or which may hereafter be established, by law, shall wish to t>oj^reuio?c 
remove a gate or gates, by such corporation then duly erect- 
ed on the turnpike road of such corporation, it shall and may 
be lawful for such directors, or a majority of them, to petition 
the Circuit Court of Common Pleas, to be holden within and 
for the county where such gate or gates may be erected 
praying for the removal of such gate or gates, and stating the 
reasons therefor ; and thereupon it shall and may be lawful proceedingu to 
for the said Court to nominate and appoint a committee of ^^j|^ "* '^** 
three disinterested and sufficient freeholders, inhabitants of 
said county, whose duty it shall be after being duly sworn to 
the faithful discbarge of their trust, at the expense of the 
corporation, whose gate or gates are intended to be removed, 
to give notice to all persons interested, of their appointment, 
and the time and place of meeting, for the purpose of at- 
tending to the business of their commission, by advertising 
the same in such newspaper as the said Court may order, ten 
days, at least before the time appointed for such meeting ; 
and also at the said time appointed as aforesaid, to repair to 



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724 TURNPIKE OORPORATIOWS. 



[♦6071 



Ch. ISd. the gate or gates mentioned* in sucb petition ; and after hear- 
ing all parties interested, to determine whether the said gate 
or gates shall be removed, as prayed for, and report their 
said determination as soon as may be to the same Court ; 
who are authorized, if they should deem it expedient, to 
order said gates to be removed and located according to the 
report of such committee. 
c. Courts of Sect. 18. Beit further enacted^ That whenever any 
may in certain tumpiko road shall be Suffered to be out of repair, the Jus- 
nta to*te ^^®^ ^f ^^^ Circuit Court of Common Pleas, within and for 
noti^ to*^- ^® county where the same road may lie, or a major part of 
poration. them, or a committee to be appointed for that purpose by 
[lb. § 14.] said Justices, are hereby authorized to order the gate or gates 
of such corporation to be set open ; said Justices or their 
committee having previously notified the Clerk of such cor- 
poration, of complaint having been made of the badness of 
such road, at least ten days previous to ordering such gate or 
gates to be set open, and immediately upon leaving such 
order in writing under the hands of said Justices or their 
committee, with the Clerk of such corporation, the said gate 
No ton to b0> or gates shall be opened, and no toll shall be legally demand- 
SdS?breJS£ ^^^^ thereat, until the said Justices or their committee shall 
^' grant a counter order. 

Turnpike cor- Sect. 19. Be it further enacted. That it shall not be 
to^pen^ HM^ lawful for any turnpike corporation hereafter granted, without 
and expose en- the conscut of the owner or owners of any real estate, over 

closures, with- , . , , , , 

out consent of which the road granted to such corporation shall pass, to 
damages are throw Open any fences or enclosures upon the same, or re- 
paidsuch own- ^^y^ ^y buildings, or cut down any trees thereon standing, 
or make such road, or in any way injure the property of any 
owner or possessor of such real estate, until the damage done 
by the passing of such road over said real estate, shall have 
been first duly ascertained by the committee who may by law 
be authorized to assess the same ; and such damages, so as- 
certained, shall have been paid or tendered to the person or 
Proriso. persons entitled to receive the same: Provided hoiteverj 

That nothing in this act contained, shall be construed to pre- 
vent any turnpike corporation, their agents or servants from 
entering on any lands, over which any such road mi^ pass, 



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TURNPIKE CORPORATIONS. 7S5 

for the purpose of surveying* or laying out the same. And Ch. 138. 
whenever a committee or Jury shall be appointed by the Court ^"^Zi^Z^ 
of Sessions for the purpose of estimating whether sufficient or Corporations 
insufficient damages have been allowed, in laying out a turn- ilTccnain cas- 
pike road, the turnpike corporation being a party, shall be ^„|*^* *^**^' 
liable to costs in those cases, in like manner as counties are 
liable in laying out county roads. 

Sect. 20. Be it further enactedj That whenever any when a turn- 
turnpike road, in whole or in part, shall be discontinued, the Kmwd'bad^to 
land over which such discontinued turnpike was laid, shall **^'«*^ ^ 9^ 

*^ ' person owning 

revest in the person or persons, their heirs and assigns who >t at tbe time 
were owners thereof at the time such land was taken or pur- ate. 
chased for the purpose of making said turnpike, any convey- JiXr*i6^805 
ance of said land by deed to said corporation notwithstanding. § 15.] 

Sect. 21. Be it further enacted y That every turnpike Corporation to 
corporation hereafter established, shall, within six months ^^tMj'n of. 
from the time of erecting their gates, lodge in the Secretary's ^LJSJ**^^ 
office an accoimt of the expenses thereof; and each corpo- '^■y^ij***'^ 
ration shall annually, in the month of January, exhibit to the and imbune- 
Governor and Council a true account of the income or divi- 
dends arising from said toll, with their necessary annual dis- ^^' ^ ^'^ 
bursements on the said road ; and the books of all corpora- 
tions shall at all times be subject to the inspection of the 
Governor and Council and of the Legishture. 

Sect. 22. Be it further enacted^ That the Legislature Legiiiatore 
may dissolve any corporation hereafter established, after the JJI^owltteiiiiii 
expiration of twenty years, or sooner if it shall appear to «»*•"»««*•• 
their satisfaction that the income of said road shall have com- I?'**'- s^* 

Mar. 16, 1805, 

pensated such corporation for all money they may have ex- $11.] 
pended, in purchasing lands for said road, and in making, 
repairing, and taking care of the same, together with twelve 
per centum by the year ; and thereupon the property of said 
road shall be vested in the State and be at the disposal of the 
Legislature: Prtwided however. That if any corporation Grant* Toid, 
granted as aforesaid, shall neglect to complete the road within ^^pf^ '^ 
five years from the date of the grant, the same shall be void, ^•'^^^^y**"- 
[Approved February 15, 1621.] 



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726 INSURANCE COMPANIES. 

Ch. 139. Chapter 139.* 

[*600J ^^ ACT to define the powers, duties and restrictions of Insurance Companies. 

Powers of in- Sect. 1. ]3E i( enacted by the Senate and House of 

Burancecompa- Representatives j in Legislature assembled, That all insurance 

companies which shall hereafter be incorporated in this State* 

[Mass, Stat. , „*^, i i . , . 

Feb. 16, 1818, shall have power and authority to make msurances on ves- 
sels, freight, money, goods, and effects, and against captivity 
of persons, and on the life of any person and in cases of 
money lent upon bottomry and respondentia, and to fix the 
Form of policy, premiums and terms of payment; and all policies of insur- 
ance by them made, shall be subscribed by the president, 
or in case of his death, sickness, inability, or absence, by 
any two of the directors, and countersigned by the secretary 
of such corporation, and shall be binding and obligatory 
upon the said companies, and have the like effect and force, 
Adjustment of ^s if under the seal of the said companies ; and all losses 
iw^^ndii^ ^"'y arising under any policy so subscribed, may be adjusted 
on company, ^nj Settled by the president and board of directors, and the 

same shall be binding on the said companies respectively. 

Dividends— Sect. 2. Be it further enacted. That it shall be the duty 

to\S"mad^" of the directors of all such companies, at such times as the 

and on what charter or bye-laws of said companies shall prescribe, to 

make dividends of so much of the interest arising from the 

capital stock and the profits of said companies as to them 

shall appear advisable ; but the monies received and notes 

taken for premiums of risks, which shall be undetermined and 

outstanding at the time of making such dividends, shall not 

Responsibility ^® Considered as parts of the profits of said companies ; and 

of stockholders j^ case of any loss or losses, whereby the capital stock of 

in case. ■' ^ ' ' * 

the said companies shall be lessened before all the instal- 
ments are paid m, each proprietor or stockholder's estate 
shall be held accountable for the instalments that may re- 
main unpaid on his share or shares, at the time of such loss 
Subsequent OT losscs taking place. And no subsequent dividend shall 
bT^e.'Ii^tiU ^® "^^^® ^'^* *® sum arising from the profits of the business 
^^* of the said companies, equal to such diminution, shall have 

been added to the capital ; and that once in every three 
[♦610] years,* and oftener if required, by a majority of the votes of 



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INSURANCE COMPANIES. 727 

the Stockholders, the directors shall lay before the stock- Ch. 139. 
holders, at a general meeting, an exact and particular state- ^<^"v"^^ 
ment of the profits, if any there be, after deducting losses 
and dividends. 

Sect. 3. Be U further enaciedj That the said com- itaBrancecom- 
panics shall not directly nor indirectly deal or trade in buying i*"^<* ?J** ^ 
or selling any goods, wares, or merchandize, or commodities mer^aa!^ 
whatever ; and the capital stock of said companies, collected ^^*^ ^^l 
at each bstalment, shall withm six months, be invested, vested 
either in the funded debt of the United States, or o( this [ib. § 8.] 
State or in the stock of the United States Bank, or of any 
incorporated Bank in this State, in eMier or all of ihem, and 
in such proportion as may be most for the interest of said 
companies, at the discretion of the president and directors 
of said companies ; or of such other person or persons as said 
companies shall for such purpose at any meeting appoint : 
Provided botoever, That the president and directors of said Mav loan one 
companies, and of all other companies of insurance hereto- ^0111? oT^u 
fore incorporated, shall have power to loan to any citizen of *°™^' 
this State, any portion of their capital stock, not exoeediog 
one half, on respondentia or bottomry : Provided obo. That Smn loaned on 
the sum loaned, on any one bottom at one time, including to%xoeed ten 
the sum insured in any other way upon the same bottom, JJi^iicI*^ 
shall not exceed ten per centum upon the capital stock of 
such companies ; nor shall the same be loaned, but with the 
assent of three fourths of the directors of such companies ; 
and such loans, together with the assent aforesaid, shall be 
entered at large in the records of said companies ; and shall q^^ i^g^ ^^ 
be laid before the stockholders at their meeting next follow- ^hol^T 
ing the said loan ; and it shall be in the power of the direc- i„ certain eas- 
tors of said companies, in case they shall deem it more for the 2^^^^^ 
interest of the Stockholders in said companies than any of estate or Btockj 

. to extent of 2-8 

the investments above described, to loan any portion of their oaphal, 
capital stock aforesaid, not exceeding two thirds of the whole 
amount, to any person or persons within this State either on 
mortgage of real estate within this State, or on pledges of the 
public stocks of the United States, or of the Bank of the 
United States, or of any other Bank incorporated in this 
State. 
Vol. II. 24 



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728 INSURANCE COMPANIES. 

Ch. 139. Sect. 4*. Be it further enacted^ That in case of any 
'^'^'^^^ loss or losses taking place, which shall be equal to the amount 
inLtain cas- of the Capital stock of the said companies, and the president 
Sk*/S7aid or dh-ectors, after knowing of said loss or losses taking place, 
J^J^y ^ shall subscribe to any poUcy of insurance, their estate jointly 
^ and severally shall be accountable for the amount of any and 

every loss which shall take place under policies so subscribed. 
Pran^M* mid Seot. 5. Be it further enacted. That the president and 
|K^[i£"y«vly directors of such companies shall, previous to subscribing to 
amountSfthSr ^'^V pclicy, and once in every year after, publish in two of 
•tock, &c. ib^ newspapers printed within this State, one of which at 
[lb* 4 6] least shall be in the town of Portland, the amount of their 
stock, exclusive of premium notes and profits of their busi- 
ness ; against what risks they mean to insure, and the largest 
>Not 10 take on sum they will take on any one risk : Provided, No insurance 

any one ruk , n i . i ,. 

more than 10 Company shall ever take on any one risk a sum exceedmg ten 
^oento cap- ^^^ centum o( theur capital stock actually paid in. 
8i»n make Sect. 6. Be it further enacted. That the president and 
SSTaSliM^t© directors of any insurance company within this State, shall 
when ^^'u^ed ^^®° ^^ *• ^''^^^ ^ required by the Legislature thereof, lay 
before them a statement of the affairs and situation of their 

lib. §6.] , , . . . r 1 

respective companies, and submit to an examination of the 
same under oath. 
No inshrance Sect. 7. Be it further enacted. That no insurance com- 
SS^Sated** pany, shall hereafter be incorporated in this State, with a 
ieM^than^ioo ^*P^^^ ^^ ^^^s than one hundred thousand dollars, to be paid 
ooodoUars. ' in at such periods, and in such payments, as in their respec- 
tive acts of incorporation shall be particularly pointed out. 
indiTidaai And whenever it shall so happen that by losses on policies 
S2w^ii*^, ^^ otherwise, their corporate property shall be insufficient to 
^^ pay all their debts, the individual stockholders shall be liable 

in their private capacity, in case the whole amount of the 
capital stock is not paid in, to any creditor of said company, 
10 the amotmt that may be due from said stockholders on 
their shares ; and sh^ be liable to be sued therefor severally 
or jointly in a special action of the case, by any such creditor 
as aforesaid, 
[♦eia] Sect. 8.* Be it further enacted. That all insurance com- 

nay uwm panies, which may hereafter be incorporated, shall be author- 



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AQimDUCTS. 729 

ized, whether particularly expressed in their acts of incorpo* Ch. 140. 
ration or not, to make insurance against fire, on any dwelling ^'^^"^'^ 
houses or other buildings ; and on merchandize or other dtc. 
property within the United States ; on such terms and con- J^^^^^ i 
ditions as may be agreed upon by the parties : Pravidedy No ®»* ^''tJlT^ft 
sum shall be insured on any one risk against fire, exceeding per oent of 
ten per cent, of the capital stock actually paid in. ^^ 

Sect. 9. Be it further enacted^ That in addition to the ^••^^^Vjf 
mode, which may be pointed out in the charter of any in- lumtobtcall- 
surance company, which is or may be incorporated, for call- 
ing meetings of the stockholders, it shall be the duty of the Sonel^^nSi.] 
secretary at any time, on the application in writing of the 
proprietors of twenty per centum of the capital stock, to call 
a meeting of the stockholders to be holden at such time and 
place, and for the purposes mentioned in such application, by 
givmg notice of the same, as provided in the act incorporating 
such company for givui^ notice of meetings. [Approved 
February 24, 182 L] 

See ch. 403; vol. 3, p. 353, %n4 oh. 486, ib. p. 834. 



Chapter 140. 

AN ACT enabling Proprieton of Aqueducts to manage the fame. 

Sect. 1. Be if enacted by the Senate and House o/ Meeting of pro- 
Representatives^ in Legislature assembled^ That when any {J^'tewikd '^ 
number of persons shall, by writing associate and become „ 

/. , /./., ' ^ r t. [Mass. Stat. 

proprietors of any aqueduct, or of any funds raised for making Feb. 21, 1799, 
and constructing the same, for the purpose of conveying fresh ^ 
water by subterraneous orl)ther pipes, into any town or place 
within this State ; it shall be lawful for the proprietors of a 
major part of the shares, to apply, in writing, to some Justice . 
of the Peace for the county in which the said aqueduct may 
be, or is proposed to be placed ; when it shall be or proposed 
to be placed so as to extend into several counties, applica- 
tion may be made to a Justice of the Peace of either of such 
counties, stating in such writleo application the name and 



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730 AQUEDUCmi. 



[•613] 



Ch. 140. Style of their association, the objects of their proposed meet- 
ing and requesting such Justice to issue* his warrant to some 
one of the proprietors so applying, directing him to call such 
meeting : And such Justice is hereby authorized to issue his 
warrant accordingly, therein stating the time and place, and 
objects of the said meeting. And such proprietors shall no- 
tify and warn such meeting, by posting up the said warrant 
or a true copy thereof, with his notice, seven days at least 
before the said meeting, in some public place in the town 
and towns in which the said aqueduct may be or is proposed 
to be placed. 
Proprietors Sect. 2. Be U further enacted^ That the proprietors 

to be^^ra- of any suoh aqueduct or fund, duly met and assembled in 
^*^°" pnrsuance of any such warrant, and their successors, shall be 

[lb, § 2.] n corporation and body politic, by the name and style aibre- 
MaT ame ob Said ; and at such meeting of said proprietors, or of any 
foture mect-^ number of them, they shall have power to agree upon the 
'"«■• method of calling future meetings of the corporation. 

May choose Sect. 0. Be U further enacted. That at any legal meet- 
^ ' ing of said proprietors, or of any number of them, they shall 

[lb. § 3.] jjjj^g power to choose a Clerk, whose duty it shall be fairly 
and truly to enter and record, in a book or books to be pro- 
vided and kept for that purpose, this act and all rules, bye- 
laws, votes and proceedings of such corporation ; which 
book or books shall at all times be subject to the inspection 
of any person appointed for that purpose by the Legislature. 
Who miMt bo And the said Clerk shall be sworn to the faithful discharge of 
sworn, ^g duties of his office ; and at any such meeting the said 

proprietors or any number of them duly met as aforesaid. 
May choose di- shall have power to elect a Moderator, and any such number 
rectors, ^^ directors to m^age the prudential business of said corpo- 

ration, as to them may appear expedient ; and such directors, 
seas taxw ^ or a major part of them, are hereby authorized from time to 
the shares, ^jj^g ^q assess such taxes on the proprietors of the shares in 
such aqueduct, or in the funds which may be raised for making 
and constructing such aqueduct, as they shall find necessary ; 
and on the neglect or refusal of any proprietor to pay such 
tax, to sell at public vendue so many of his or her shares as 

and sell them >n « ^v. . • . « 

at public auc- Will be sufficient to pay sucn taxes, with necessary mterven- 
^'^° ing charges ; first advertising the sale of such share or shares 



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AQUEDUCTB. 731 

in some newspaper printed in the county, or by posting up Ch. 140. 
notifications thereof* in some public phces in the town and "JtlilT^ 
towns wherein such aqueduct may be, or is proposed to be after 20 days* 
placed, twenty days at least previous to such sale ; and the ^^ 
overplus monies (if any there may be) arising from such sale, 
shall be paid to the owner or owners of the shi^e or shares 
so sold. And the said proprietors, or any number of them 
duly met as aforesaid, may, at any of their meetings, elect 
any other officer or officers, or act upon any other thing May cHoom 
necessary for carrying into effisct the objects of their institu- ** ^ 
tion : Proindtdy That the subject matter thereof be expressed 
in the warrmt or notific^on for such meeting. 

Sect. 4. Be it further enacted^ That in all meeUngs of Each proprie- 
such proprietors, each proprietor shall be entitled to one vDte ^Tote^for* 
for each and every share he or she may hold in such aque- Sa'to'^'by 
duct or fund, and they are also hereby respectively empower- P^^^qr- 
ed to depute and appoint any other person to appear and vote fib. § 4.] 
for him or them in such meetings ; the appointment to be in 
writing, signed by the person or persons to be represented, 
and filed with, or recorded by the Clerk of such corporation. 

Sect. 5. Be it further emuted^ That the said proprie- proprieton 
tors, or any number of them, duly met as aforesaid, may at ^^^fi^ 
any of their meetings, CDJoin and order fines and penalties, ^f . ^ch of 
for the breach of any bye-law of such corporation, not ex- 
ceeding thirty dollars for any one breach. l • § •] 

Sect. 6. Be itfurtlur enaetedj That any such corpora^ corporation 
tjon shall have power to purchase, take and hold any real J"^^® *"** 
estate necessary for the purpose of their institution : Provide 
ed. That the real estate which any one aqueduct corporation ^^^ caweld* 
may hold, shall not exceed thirty thousand dollars in value. so^ooodoUars, 
And all such real estate shall during the continuance of such and to be 
corporation, be deemed and considered, to all intents and ^^^^^ ^^' 
purposes, as personal estate, Bad as such, with the other in- 
terest and estate in such propriety, shall be transferable by 
such mode of transfer as such corporations, at any of their 
meetings, shall agree on and determine : Prmrided^ however^ Modooftrau- 
That the transfer shall be in writing, and recorded by the ^' 
Clerk of the corporation in the book or books aforesaid within 
three months next after such transfer shall be made. 



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733 AQUEDUCTS. 

Ch. 140. Sect. 7.* Be it further enactedj That such proprietors or 

^"J^^^^ corporation, when they shall find it necessary, shall have 

May, by leave powcr to enter upon, dig up and open any such parts of the 

of selectmen, ^^i»v . . i -i.t.r^ 

dig up roadfl, stTCCts, highways or townways in any place withm this State, 
ioTy" p^\ ^^^ ^® purpose of placing such pipes as may be necessary 
[lb. § 7.1 '^^ making and constructing such aqueduct, or for repairing 
or extending the same, as the Selectmen of the town or the 
major part of them for the time being, shall in writing author- 
ize and allow: Provided^ Such Selectmen shall not have 
power to authorize and allow any such streets, highway or 
Not obstruct- towuway to be entered upon, dug up or opened, so as to 
iog traTcUera. obstTuct or hinder the citizens of the State or others from 

conveniently passing therein with their teams and carriages, 
ckak to keep Sect. 8. Be it further enacted^ That to the end that the 
*"^"l^d^ preprietors of the shares in any such corporate property may 



BharesofaUthe ^g known, it shall be the duty of the Clerk of any such cor- 

proprieton. ' ^ ^ ' 

poration, at or immediately after the first meeting, to enter 
in the book or books aforesaid, the names of the several pro- 
prietors, and the shares and parts of shares each proprietor 
In case of laie ^hall own, and when any share or part of a share, shall after- 
cord "^^be^ wards be sold for taxes or otherwise transferred, such sale or 
made of it. transfer shall be entered by said Clerk in such book or books, 
in such form, and for such fees, as the director shall appoint ; 
and no person shall be deemed a proprietor whose share or 
interest shall not be so entered. 
Cor^rationto Sect. 9. Be it further enactedy That notwithstanding 
debti°i!re^pLd! ^he dissolution of any such corporation, all contracts made 
rib 6 9 1 by or with such corporation shall remain in full force, and the 
last proprietors or share holders shall have a corporate capa- 
city, until all contracts and agreements, made by or with 
them prior to such dissolution, shall be performed ; and are 
and shall be capable and liable, in and by the same name and 
capacity, as before such dissolution, to sue and be sued ; and 
by their agent or agents, to prosecute and defend in all actions, 
suits and demands, respecting such contracts and agreements, 
until final judgment and execution. And if no corporate 
property can be found to satisfy any judgment which may 
If judgments be recovered against them as aforesaid, and such judgment 
nTion ^not shall not be satisfied within six months after the same shall 



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AQUEDUCTS. 733 

have been recovered, it shall be lawful for the judgment* Ch. 140. 
creditor to satisfy his judgment and execution out of the pri- "J^JJ^^TT^ 
vate estate of such proprietors or of any of them, in the be satbfied by 
same way and manner as if the judgment had been against ^^.'^we 
him or them, in his or their private capacity : Provided, That bLra'liabteT"" 
each and every such action shall be commenced within six i^rovided ac- 

'^ tion be brought 

years next after such dissolution ; or within the like time witkin 6 years 

next after such right of action shall accrue. And in case any tion. 

such corporation shall at its dissolution, be seized or possess- at^the time^r 

ed of any estate, the several proprietors at such dissoludon ^^be^^deem- 

shall become tenants in common thereof, in such proportions jJ/uSd i*'**'* 

as they shall respectively then hold their shares and parts of common. 

shares therein; and upon such tenure as the corporation 

would have held the same, had not provision been herein 

made for making all their property personal estate. And all gharce may be 

shares in such aqueducts shall be liable to be attached on attached and 

. /. , - taken in exe« 

mesne process, and taken in execution for the debts of the cation, 
owner thereof: Provided j That when any share or part of a mju^^^ 
share or shares shall be so attached, an attested copy of the 
process shall be left with the Clerk of the corporation, four- 
teen days before the day of the sittmg of the Court, to which 
the same shall be returnable. And when any such share or 
part of a share or shares shall be taken and sold on execu- execation and 
tion, the officer shall leave with such Clerk an attested copy "^ 
of the execution, and of his return thereon, within ten days ^*°'»^- 
next after such sale. 

Sect. 10. Be it further enacted, That if any person Penalty for in- 
shall maliciously or wantonly injure any such aqueduct, he or '^"'^s aqoe- 
she shall forfeit and pay a sum not exceeding twenty dollars, iy> &c. 
to be recovered by indictment in the Supreme Judicial Court [ib. § lo.] 
or Circuit Court of Common Pleas ; one moiety thereof to 
the prosecutor, and the other moiety thereof to the use of Modeofrwot- 
the town in which such offence shall have been committed ; ®^- 
and shall also be liable to pay. treble damages to the corpora- 
tion so injured, to be recovered by action on the case, with 
costs of suit. 

Sect. 11. Be it further enacted. That any town in which Townamayiay 
any such aqueduct shall be placed, shall have the privilege of ^j^'tif^*®*^*' 
placing conductors into and from the pipes and conductors poration'i 



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734 UBRARIES. 

Ch. 141. laid by any such corporatioo, for the purpose of drawing such 
"rj^^^ water therefrom, as may be necessary when any* building 
dS^Sff w^ shall be on fire m such town ; and of withdrawing water there- 
in case of fire, from On such occasions, without paying such corporation any 
IwL^/- ^ price therefor : Pravidedy That every such town shall be 
hold^ to secure such conductors so by them placed in such 
manner that water cannot be drawn therefrom, unless by the 
orders of the Selectmen or firewards of the town wherein 
the same may be. [Approved March 8, 1821.] 



Chapter 141. 

AN ACT to enable the proprieten of Social, Military and Law Librariet to nmn- 
age the same. 

Proprietors of Sect. I. Be U enacted by the Senate and House of 
IL^S^tT^ ^P'cwn/ortrM, in Legislature assembled^ That any seven 
themselves, or more pcrsons, capable of contracting, in any town in this 
rHass. Stat. State, who shall become proprietors in common of any libra- 
§ i!] ' ' Tj ™V form themselves into a society or body politic, for the 
Sact are «? express purposes of holding, increasing, preserving and using 
StklMilS^" ^"^^ library ; and to that end, any five or njore of them, may, 
by an application in writing, by them signed, to any Justice 
of the Peace within the same county wherein the said town 
may be, stating the purposes of their meeting, and requesting 
him to issue his warrant for calling a meeting of the said pro- 
prietors ; and the said Justice may grant his warrant to one 
of them, directing him to call a meeting of the said proprie- 
tors at the time and place, and for the purposes expressed in 
such warrant ; and said meeting shall be called by posting up 
the purport of said warrant in some public place in the said 
town where the said library shall be kept, seven days at least 
before the time of said meeting ; and the proprietors being 
thus met and organized, tliey may then agree and determine 
upon a method of calling future meetings ; and in all cases 
votes shall be determined by coimting and aUowing one vote 
and hold estate ^^ ®*^^ share. And the proprietors of any such Ubrary shall 
att ezoeeding have power to possess and hcM, to ifaem, their successors 



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UBRARIES. 739 

and assigns, real or personal estate* to any amount not ex- Ch« 141. 
ceeding fire thousand dollars, over and above the value of JrT^''"^^ 

... , 6000 doUara. 

their books. 

Sect. 2.* Be U further enacted^ That any seven or [*ei8l 
more of the proprietors of such library, met in pursuance of 21^t^*^*^3 
such notice, sliall have power to choose a Moderator, Clerk, ****"" powen. 
Librarian, Collector, Treasurer, and such other officers as i^' $ ^-1 
they may find necessary : and the Clerk shall be sworn to the 
faithful performance of his duties ; and the Treasurer shall 
give bond, with sufficient surety or sureties, faithfully to ac- 
count for all monies he may receive by virtue of this act : 
and the said proprietors when so incorporated and organized, 
shall have power to raise monies by assessments on the sev- 
eral shares in such library, as they may judge necessary foi^ 
preservmg and increasing the same ; to make bye-laws for the 
due regulation of the concerns of the said corporation, not 
repugnant to the constitution and laws of this State, and to 
annex and" recover penalties for any breach of such bye-laws, 
not exceeding three dollars for any one breach thereof. 

Sect. 3. Be U further enacted. That the proprietors of suchtobeaOi- 
any such library, so incorporated, shall be called and known ^^JJ^^f^J!! 
by the name of the proprietors of the Social Library, in the r««". 

town of ; and by that name shall sue md be sued, [ib. § 8.] 

prosecute and defend, plead and be impleaded, in all actions 
and processes in law ; and when there shall be more than one 
such library in any town, the proprietors thereof, sbdl be 
known and called by the name of the proprietors of the 
second, third, fourth, &c. (as the case may be) Social 
Library in the town of . 

Sect. 4. Be it further enaetedj That any seven or more Military Ubra- 
persons, who are officers in any division of militia of this "^' 
State, who shall, by writing, associate themselves for the {^^j^ f^\ 
purpose of formmg a Military Library Society, within the 
limits of their division, may become a body politic, by the 

name of the Military Library Society, in the Division, 

for the express purpose of purchasing, holding, increasing, 
preserving, and using such library : and to this end, any five 
or more of them may make an application in writing to any 
Justice of the Peace, within the limits of the division to which 

Vol. II. 25 



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736 LIDKARrES. 

Ch. 141. said applicants may belong, stating the purposes of their 

"-^^^''***^ meeting, and requesting him to call a meeting of the said pro- 

r*«l91 prietors. And the said Justice may thereon grant his* war- 

Modeofcailinff r^^t to any one of them, directing him to call a meeting of 

meetings, and ^fag gajj proprietors at the time and place expressed in such 
warrant ; and said meeting shall be called by posting up the 
purport of said warrant, in such public places, witbia the 
division w^here the said library is to be kept, or by publish- 
ing the same in one or more newspapers printed within the 
said division, twenty days at least before the time of said 
meeting, as the said Justice shall order. And the said pro- 
prietors being thus met and organized may then agree and 
determine upon the method of calling future meetings ; and 
shall be entitled to all tlie other rights, powers, and privileges, 
and be under all the limitations and restrictions, mutatis mu- 
tandis, which are contained in this act. 

Law libraries Sect. 6. Be it further enacted^ That in every county 
w^^i^ ^Js State, wherein there shall reside five or more at- 

[MaM. Stat. . , 1 , , . , , . 1 ^ 

Mar. 2, 1815, tomics at law regularly admitted and sworn to practice before 
the Circuit Court of Common Pleas, it shall be lawful for 
any five or more of them to make application in writing to 
any Justice of the Peace within and for said county, request- 
ing him to issue his warrant for calling a meeting of the prac- 
titioners at law within the same county, to meet at some 
certain time and place for the purpose of organizing the 
.« 3 i. ti. establishment of a Law Library ; and such Justice shall there- 
meeUngs, and upon issuo a warrant under his hand and seal, directed to 
^^^ * some practitioner at law, residing within the shire town of 
said county, requiring him to notify the other members of the 
bar residing therein, either personally or by written notifica- 
tion posted up at some conspicuous place in the Court House 
in said county, at least seven days before the time of meeting 
as mentioned in said warrant ; which meeting shall be holden 
at the next succeeding term of the Circuit Court of Common 
Pleas in said county, on some day subsequent to the second 
day from the commencement of its session ; and the person 
to whom such warrant is directed shall serve the same in 
manner as aforesaid, and make return thereof under his band 
to the Justice who issued the same, or to some other Justice 



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BANK NOTES. 737 

of the Peace within and for said county ; whose duty it shall Ch. 142, 
be to preside at said meeting in the choice of a Clerk, a ^-^•^'"^^ 
Treasurer and Librarian, each of whom shall thereupon be 
sworn by the presiding officer, to the faithful discharge of* [*6ao] 
their respective duties, and to hold their offices during the 
pleasure of the association ; and the said members of the bar 
so notified and met, to the number of five or more, shall at 
their first meeting prescribe the mode of calling future meet- 
ings of said association, and establish such rules and regula- 
tions as may be found necessary from time to time, to carry 
the purposes of this act into effect, not repugnant to the Con- 
stitution and laws of this State ; and at all future meetings 
the oldest member of the bar residing within said county, 
who is present, shall preside. [Approved January 27, 1821 .] 
Additional Act, ch. 460, Vol. 3, p. 302. 



Chapter 149. 

AN ACT coDcerning Platea/or I'rioting Bank N'utai. 

Sect. 1. He it enacted by the Senate and Howe of No biib of five 

MepresentativeSf in Legislature assembled^ That no bills of the dcJ^^belMuI 

denomination of one, two, three, four, and five dollars, shall jJi^*"^^}^!^ 

be issued or emitted by the president, directors and company from sterco- 

of any incorporated Bank withm this State, unless the said qSLs. stat. 

bills shall be printed and impressed from stereotype (a) steel § i!] ' 

plates ; from which plates original impressions of the bills of ™*^^g JJ 

the several denominations aforesaid shall be deposited in the J**° ^*J^. ^ ^ 

, * lodged in sec- 

office of the Secretary of the State of Maine ; nor unless the retary'a office, 
said bills of the denomination of five dollars shall have on the doiLr biib to 
back of the same an impression from the check plates, one ^ *SSk"*^ 
of the impressions from which shall be also deposited in the P»*e«> ^^ 
office of the said Secretary of this State. 

Sect. 2. Be it further enacted. That all plates used by ^^^. ^. ^ 
any mcorporated Bank within this State, for the purpose of tault, 

(a) 1. See additional act ; also ch. 619, § 26, vol. 8, p. 889 ; also act past- 
ed March 4, 1888, ch. 80, § 3, 4. 
2. Rogers* caie, 2 Glf. 302. 



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738 BANK NOTES. 

Ch. 142. makiDg impressions of bills or notes issued bj such Bank, 

^■^^^^^^^ shall at all times be kept in the vaults of said Bank, when not 

Feb. 24, 1818, in actual use for making impressions of bilb or notes as 

u> be taken oat aforesaid: and whenever the same plate or plates shall be 

only in prei; wanted for the purposes aforesaid, the same shall not be taken 

ence oi presi- * * » , 

dent, director from the vaults of the Bank aforesaid but in the presence of 
returned erery the president, a director or the cashier of said Bank ; and the 
night, dtc. g^^^ plates shall be returned every night to the vauks of said 
Bank, in the presence of the president, a director or the 
[«e3i] cashier* of said Bank as aforesaid ; and during all the time 
they shall be out of said vaults, they shall be in the sole cus- 
tody, and be used only in the presence of such president, 
director or cashier. 
Penalty for Sect. 3. Bt it Jurther enacted. That if any person shall 

ifcc'in i^Mi- ^^^^ '" ^^^ possession any plate or plates, used for making 
■ion oontniy imprcssions of Bank bills or notes, contrary to the provisions 

to tbi8 act* 

of this act ; or having the same in custody under the author- 

^ ' ' '^ ity of this act, shall put the simae out of his custody ; or shall 

suffer the same to be used out of his presence ; or shall not 

return the same to such vault every night, as herein before 

provided, and be thereof convicted upon indictment in any 

Court of competent jurisdiction, such person shall forfeit and 

pay to the use of the State a fine not exceeding ten thousand 

doUars, or be punished by imprisonment in the common gaol ; 

or confinement to hard labour, for a term not exceeding ten 

years, at the discretion of the Court, before whom the con- 

Protiio in &. viction may be : Provided hoiperer. That it shall be lawful 

}umF^k^' ^^^ Abraham Perkins, owner of the stereotype plate used for 

printing Bank bills, to keep possession of the said plate and 

use the same, in the same manner as by law he might do, if 

this act had not been passed. [Approved March 13, 1821.] 

Additional Act, ch. 290, vol. 3, p. 129. 



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PAYMENT OF BANK NOTES. 739 

Chapter 14S. Cu. 143. 

AN ACT to enToroe the payineiit of Bank NotM and for other purposes. 

Sect. 1. oEU enacted by the Senate and Howe o/Pemhy oo 
Representatives^ in Legislature assembled^ That if any incor- paviog their 
porated Bank within this State, shall refuse or neglect to pay 
on demand any bill or bills by such Bank issued, such Bank S^^of^, 
shall be liable to pay to the holder of such bill or bills, after ^ ^*1 
the rate of two per cent, (a) per month, on the amount there- [Seech.5i9,§ 
of, from and after the time of such neglect or refusal ; to be asi.] 
recovered as additional damages in any action against said 
Bank for the recovery of said bill or bills. 

Sect. 2. Be it further enactedj That no incorporated ^'•^^"JJiJJ;^ 
Bank in this State, shall issue any bill, note, check or draft, inued. 

. [Mmb. Stat. 

payable at any place other than said Bank, unless the same beo. is, i8i«, 
shall also,* on the face thereof, be made payable at the Bank ^ [•622] 
issuing the same ; and no Bank shall issue any bill or note, 
redeemable at such Bank, in any other manner than by pay- 
ment in specie. 

Sect. 3. Be it further enacted^ That every incorporated ^*'^ ^|J^ *»J 
Bank within this State, which has issued or shall issue any made payable 
biU, note, check or draft, redeemable in any other manner he paid at the 



than by payment in specie, or payable at any place other than 

the place where such Bank is by law established and kept, [^^.519,^ 

shall be liable to pay the same in specie to the holder thereof, ^ ^o^* '» p- 

on demand at said Bank, without a previous demand at the 

Bank or place where the same is, on the face of such bill, 

note, check or draft, made payable. And if the Bank which 

issued the same shall neglect or refuse to pay on demand ^^ peoaity. 

made as aforesaid, any bill, note, check or draft, such Bank 

shall be liable to pay to the hdder thereof the same penalties 

as are provided in and by the first section of this act : Pro- SjhT^ more 

tided however^ That nothing herein contained, shall extend to ^n 100 doi- 

any check or draft drawn by the president or cashier of any 

Bank within this State, on any other incorporated Bank, 

either within or without this State, for any sum exceeding 

(a) This penalty militatea with no principle of the eoutitation of the Uni- 
ted States. Brown Vi, Penohncot Sank, 8 Ma$i, 445. 



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740 TAX ON BANKS. 

Ch. 144*. one hundred dollars ; but aH such checks or drafts shall first 
^-^"^'"^^ be presented for payment at the Bank on which the same 
shall be drawn, and in default of payment, the holder shall be 
entitled to recover against the Bank which issued the same, 
the amount of such check or draft, with two per cent, per 
month on the amount thereof, from and after the time when 
such check or draft shall have been refused payment, as addi- 
tional damages in any action against such Bank for the recov- 
ery of such check or draft. 

No bills for Sect. 4. Be it further enacted y That no Bank or bank- 
less than one . . . , . , . /^ in 

dollar to be if- mg company whatever, withm this State, shall, at any time, 
make or issue any bill or bilb whatever, wherein a fractional 
9^8, ^818, P*''^ ®^ * dollar is expressed, under a penally of one hundred 
r^ h 619 s ^^^*"^ ^^^ every bill so made and passed, to be recovered by 
20. Tol. 8, *p. action of debt in any court proper to try the same, to the 

use of the person who shall sue therefor. 
Banks mavis- Sect. 5. Be it further enacted j That the president and 
^ amoant'of directors of all the Banks, which now are or may be hereaf- 
«piS**°*' °^ ^^^ incorporated in this State, shall have the power to issue 
rib^?2^^ and* emit bills of the denomination of one, two and three 
dollars, to the amount of twenty-five per centum of their 
capital stock actually paid in, any thing in their respective 
acts of incorporation to the contrary notwithstanding. [Ap- 
proved January 27, 1821.] 



Tax on banks 



Chapter 144. 

AN ACT imposing a tax on the Banks within this State. 

Sect. 1. O'Ei it enacted by the Senate and House of 
sraii^LuwUiy. ti^prtsentativeSy in Legislature assembled^ That the corpora- 
tion of each and every Bank within this State which now is in 
operation, or which shall hereafter come into operation, shall, 
within ten days after the first Mondays of October and April 
annuaUy, pay to the Treasurer of this State, for the use of 
[tSje ch. 519, the same, a taxf of one half of one per cent, on the amount of 

§ 16, vol. 8, p. ' *^ 

8M.] such part of their original stock as shall have been actually 

paid in by the stockholders in the respective Banks : Provi- 



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BANKS. 741 

ded. That when the amount of the capital stock actually paid Ch. 145. 
in on the said days, should not have been paid in for the full 
term of six months then next preceding, said banking cor- 
porations are hereby required to pay such portion of said sum 
of one half of one per cent, on such proportion of capital 
stock as shall not have been paid in for the full term of six 
months next preceding ; as the time from the payment of such 
portion of such capital stock to the day when such payment of 
such tax shall become due, may bear to the term of six months. 

Sect. 2. Be it further enacted. That it shall be the B«p|" *<> f«»-- 

^ *^ . . DisbStiitetrta- 

duty of the corporation of the several banks aforesaid, which iorerwkh ab- 
have not yet completed the payment of their several instal- paid, annually, 
ments, and of all such as shall hereafter be incorporated, to 
furnish the Treasurer of the State with an abstract of the [ib. § 8.] 
amount of stock actually paid by the stockholders in the re- 
spective corporations, into their respective banks, together 
with the time when the several instalments were paid, within 
ten days after such instalment shall have been paid in. 

Sect. 3. Be it further enacted^ That if any Bank shall Modeofenfor- 
neglect to pay the said tax for the space of thirty days, after ofux.^^^'"'*^ 
the* same shall become due, it shall be the duty of the Trea- l*«»*l 
surer to issue a warrant of distress, directed to the Sheriff of ,^ . ^g j 
the county in which such Bank is situated, or his deputy, 
commanding him to levy and collect the sum due from the 
estate and effects of such Bank, which warrant shall be in the 
same form (mutatis mutandis) as warrants of distress against 
delinquent Sheriffs are by law directed to be issued. [Ap- 
proved January 23, 1821.] 



Chapter 14S. 

AN ACT making fuither proruions in respect to the Banks in this State. 
[Rfspealed ; see ch. 286, Vol. 8, p. 67; and ch. 519, vol. 8, p. 876. 
Skct. 1, Provided for the payment to the State, of the Bank tax imposed by 

Massachusetts. 
Sect. 2, Provided for the making of semi-annual retmms, to the Governor and 

Cooncil* 
Sect. 8,* Provided for Bank kums to the State. 
Sect. 4, Provided for the liabiUty ofstockholders for the debts of their respec- t*««5] 

tive Banks.7 



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742 LOANS FROM BANKS. 

Gh. 146. Chapter 140. 

AN ACT direetiog the mode and time of making retomi of, mod eoforcing tbe 
rigbc to loaof firom the tereral Banks In thit State. 

13 E it enacted by the Senate and House of RepreHnta- 
tivesy in Legislature asaembUd^ Sfc, 

[SxcT. 1 & 2, Repealed; Bee ch. 296, § 2, vol. 8, p. 67. 
[^20] Sect, 8,* Repealed by re-enactment; eee ch. 519, § 18, toL 8, p. 882.] 

ha^^^ ftS* Sect. 4. Be it further enacted^ That if any incorpo- 
■o to k>an. rated Bank aforesaid, shall neglect or refuse, for the space of 

yUaM. Slat, ten days after notice given as aforesaid, to loan to the said 
ob 16 1816 . 

§2.] ' ' Treasurer the sum so demanded, said Bank shall forfeit and 
pay into the Treasury of this State, the sum of two per cent, 
per month upon the amount of any sum so demanded, as a 
loan, as aforesaid ; and so after that rate for a shorter or a 
longer time, so long as the said neglect or refusal to comply 
with such demand of the said Treasurer shall continue. 

TraMurer to Sect. 6. Be it further enacted^ That it shall be the duty 
^Maiut^ of the said Treasurer, at the expiration of one month after 
itj^ot^" ^'^^ ^^^ demand shall have been made to cause to be institut- 
ed, in any Court of competent jurisdiction, an action in the 
[♦«2T] name and behalf, and for the use of this Slate against the* 
Bank so neglecting or refusing as aforesaid, for the recovery 
of the said penalty ; and so at the expiration of every suc- 
ceeding month thereafter, from month to month, to cause to 
be instituted a similar action as aforesaid for the amount of 
the penalty accruing for the neglect and refusal of the then 
next preceding month, so long as such neglect or refusal shall 
continue ; and it shall also be the duty of the said Treasurer, 
upon the obtaining judgment and execution on any such ac- 
tion or actions, to cause the amount thereof to be forthwith 
levied upon the goods, chattels or lands of the Bank against 
which the same shall have been obtained. [Approved Janu- 
ary 25, 1821.] 



r*^ 



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BANKING ASSOGUTIONg^.3i:SF AND PORK. 748 

Chapter 147. Ch. 147. 

AN ACT to reetrain an incorporated Bankiog Associatioos and for other porpofles. 

Sect. 1. 1>E U enacted by ike Senate and House of F&aAity rorhe- 
Representatives in Legislature assembled, That no person beTof^n^- 
shall subscribe to or become a member of any association, b2El^**law. 
institution or company, or proprietor of any Bank or fund, c»t«>n' 
for the purpose of issuing notes, receiving deposits, making l^^^^'SL 
discounts, or transacting any other business which incorpo- § i.] ' 
rated Banks may or do transact, by force of their respective 
acts of incorporation, unless such person shall be authorized 
by law so to do. And if any person not authorized shall 
hereafter subscribe, or become a member, or proprietor as 
aforesaid, he shall forfeit and pay for every such offence, the 
sum of one thousand dollars, to be recovered by any person ModeofrecoT- 
who shall sue therefor, in action of debt ; one half thereof to pJfaSon.*'*'^" 
his own iMie, and the other half to the use of this State. And Notes. &c. 
all notes and securities for the payment of money, or delivery ^h associa- 
of property, made or given to any such association, institution "**"'** ^^* * 
or company, not authorized as aforesaid, shall be null and 
void. 

[Skct. 2/ Repealed: see ch. 243, vol. 8, p. 74. [*428] 

It prohibited the passing of bank bills for a sam less than five dollare. ] 
[Approved March 18, 1821.] 



Ckapter 148. 

AN ACT to regnlate the inspection of Beef and Pork intended to be exported 
horn this State. 

Sect. 1. IJE it enacted by the Senate and House 0/ Governor to 
Representatives, in Legislature assembled, That there shall SJ^^^JST^ 
be an Inspector (a) General of beef and pork for this State, ^MaM^^yia?' 
who shall be well skilled in the knowledge of the same, to be Mar. 4, I8OO, 

A a '"> Alar* H> 

appointed by the Governor, with the advice and consent of 1802.] 
Council, and to be by them removable at pleasure, who be- who ehaU gw 
fore he shall enter on the duties of his office, shall give bonds 

(a) For fees of, tea eh. S08, toI. 8, p. M ; abo ch. 289, tb. p. 69. 

Vol. II. 26 



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744 B££F AMD PORK. 

Ch. 148. with sufficient sureties to the Treasurer of this State, in the 
^■^■^^^^^ penal sum of four thousand dollars for the faithful discharge 
of his duty ; and shall also be sworn faithfully to perform the 
same. And such inspector shall have power, when so quali- 
He may a|>- fied, to appoint, and shall appoint deputy inspectors, who 
who'shaR^bT shall be removable by him at pleasure, in every sea port town 
•worn and give j^^ ^^g g^^^^ where beef and pork are exported ; and a suffi- 
cient number in the several counties in the State to accom- 
modate the citizens without any unreasonable delay ; for which 
deputies he shall be answerable ; and the said deputy inspec- 
tors shall also be sworn for the faithful discharge of their 
duty, and shall give bond to the Inspector General, with 
surety to his satisfaction, in a sum not exceeding one thou- 
sand, nor less than three hundred dollars^ conditioned for the 
faithful performance of their duty, according to the provisions 
of this act. 
[♦639] Sect. 2.* Be it further enacted (b) ^ That every barrel 

■be o/wreia ^°^ ^^^^ barrel in which beef or pork shall be packed and 
rSbto*a)ntSn ^^P^^ked for exportation, shall be made of good seasoned rift 
beef and pork white ook, white ash or maple staves and heading free from 
tion. any defect ; each barrel shall contain two hundred pounds of 

[Mass. Stat, bccf or pork, and each half barrel one hundred pounds of 
Mm-. 4, 1800, jjggf Qy pork ; the beef barrels to measure not less than six- 
teen inches, nor more than sixteen and one half inches be- 
tween the chimes, and to be not less than twenty-eight, nor 
more than twenty-eight and a half inches long, to be covered 
Manner of be- ^^^^ fourths of the length with good oak, ash, ehn, lever- 
ing hooped, wood or walnut hoops, leaving one fourth in the centre ; the 
[Mass. Stat, heads and staves to be of a proper thickness, the hoops to be 
§ s!] ' ' well set and drove together ; the half barrels to contain not 
less than fifteen nor more than fifteen and a half gallons, to be 
hooped in the same manner as the whole barrels. The pork 
barrels shall measure seventeen inches and one quarter be- 
tween the chimes, and contain not less than thirty-one gallons, 
nor more than thirty-one gallons and one halC^ to be hooped 
in the same manner as beef barrels ; and all beef and pork 
barrels and half barrels shall be branded on the bilge with the 
manufacturer's name. 

{b) See ch. 61 1» vol. 8. p. 864. 



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BEEF AND PORK. 745 

Sect. 3. Beit further enacted (c), That no beef shall be Ch. 148. 
packed or repacked m barrels or half barrels for exportation^ ^"I^^^Tilrf 
unless it be of fat cattle not under two years old ; that all for exporta- 
such beef shall be cut into pieces as nearly square as may be, ^' 
and which in size shaU not exceed eight pounds, nor be less ^ J^, j^, 
than four pounds. That all beef which the inspector or dep- § ^-1 
uty inspector shall find on examination to have be^n killed at 
a proper age, to be fat and otherwise good and merchantable, 
shall be sorted and divided by him into five different sorts for Different kiiid« 
packing or repacking into barrels or half barrels to be de- '*^^^^' 
nominated Mess, No. 1, No. 2» No. 3« and Hearts and MeMbeef. 
Cheeks. And mess beef shall consist of oxen, cows and 
steers well fatted, of three years old and upwards and weigh- 
ing six hundred pounds and upwards; the shin, shoulder, clod, 
and neck shall be taken from the fore quarters, and the leg 
and the leg rand from the hind quarters ; and each barrel and 
half barrel containing beef of this description, shall be brand- 
ed on one of the heads with the words Mess* Beef; No. 1. BerfNo. i. 
shall consist of oxen, cows, steers, and heifers not under 
three years old, and weighing not und«r four hundred pounds, 
and to average five hundred and twenty pounds, without any 
necks or shanks* On one head of each barrel and half bar- 
rel containing beef of this description, shall be branded No. 
1. No. 2. shall consist of fat cattle of all descriptions not ^^2. 
before mentioned of two years old and upwards (bulls ex- 
cepted) with not more than half a neck and two shanks, and 
without any hocks : each barrel and half barrel of which 
shall be branded No. 2. And those parts of beef which are p^o. g. 
excluded fi*om mess, No. t. and No. 2. (not excluding 
hearts and cheeks) shall be packed and inspected by the In- 
spector General, or his deputies, in the same manner as No. 
1. or No. 2. and shall be branded No. 3. ; first taking from 

(e) 1. See ch. 291, vol. 3, p. 129 ; also act passed Feb. 27, 1832, cb. 18. 

2. The teller of beef which n branded will be chargeable to the purchas- 
er in damages, notwithstanding the brand, if at the time of the sale he has 
knowledge, or special reason to snspect, that the beef had not been properly 
cared, was without sufficient salt, was already in a putrid state, or becoming 
putrid, or in short, if he then knew or actually suspected, that the inspector 
had been false, ignorant or depraved. Emerson ^ al. vs. Brigham ^ al, 
10 Maas. 203. 



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746 BEEF AKD PORK. 

Ch. 148* said pieces, excluded as aforesaid, viz : the raid of the neck, 

^■^^^'^^^ weighing not less than four pounds, nor more than six 

pounds ; and from the shank and shin of each quarter not 

less than four pounds, nor more than eight pounds : which 

pieces thus excluded, shall not be exported from this State. 

Hearts and And the hearts and cheek pieces of beef mi^ be inspected, 

cheeks. ^ j when thus inspected shall be branded Hearts and Cheeks. 

Beef, how Bait- And every barrel of beef shall be well sahed with seveoty- 

ed^and preser- g^^ ^^^^^ ^f ^j^^^^ g^ ^jbes, Islc of May, Lisbon or Turks 

Island salt, or eighty pounds of Liverpool salt, or other salt 

of equal quality, exclusive of a picklo made of fresh water, 

as strong as salt will make it ; and to each barrel of mess 

beef shall be added six ounces of saltpetre ; and to each 

barrel of No. 1. No. 2. and No. 3. Beef, shall be added 

four ounces of saltpetre ; and each half barrel of beef shall 

be salted and saltpetred with one half of the quantity of salt 

and saltpetre above mentioned. 

Qoaiity and Sect. 4. Be U further enacted^ That all pork packed 

kinds of pork, q^ repacked in barrels or half barrels for exportation, shall be 

CMaw- Stat, sorted and divided by the inspector or his deputy, and de- 

, § 2.1 * ' nominated as follows ; — Clear (d) pork. Bone middlings, Navy 

mess pork. No. 1, No. 2, and No. 8; sind in all cases the 

following parts shall be taken out as refuse, viz : nose pieces 

or faces, ears, brains, tails, feet and lard. Clear pork shall 

consist of the best pieces of large well fatted hogs, weighing 

three hundred pounds and upwards, free from bones or the 

BoM ^]^d- lean part of the* meat. Bone middlings shall consist of 

**^^* middle pieces taken from hogs well fatted, weighing two hun- 

Natymess. dred and tliirty pounds or upward. Navy mess pork shall 

consist of all parts of the carcass, well fatted, weighing from 

one hundred and sixty pounds, to two hundred and thirty 

pounds, except the head, fore and hind legs, the shoulder 

Wo. 1. joint, lard and refuse parts above mentioned. No. 1(e), 

(d) See ch. 276, § 2 & S, vol. S, p. 104 ; and oh. 611, toI. 8, p. 864 ; 
aleo act passed Feb. 27, 1832, ch. ISr 

(e) ** AU pork constituting the quality denominated * No. 1, clear pork,* 
shaU be branded Extra Clear Pork, and all pork constitnting the qnaFitj 
denominated ' No. 2j clear pork,' shall be branded Clear Pork.*' See stat- 
ute passed Feb. 9, 1833. 



Clear pork. 



Digitized by VjOOQIC 



BEW Alf D PQIK. 747 

shall consist of all parts of bo^s well fatted, averagmg two Ch. 148. 
bundred and twenty povnds or upwards, and each of which ^^^>r^^^ 
shall weigh not less than one hundred and eighty pounds, and 
to have no more heads, legs, shoulders, or other coarse parts 
than belong to one carcass, deducting the lard and refuse as 
above. No. 2, shall consist of all parts of one and an half 
hog well fatted, which shall weigh two hundred pounds, de- 
ducting the lard and refuse as above. No. 2, also b No. 2. 
half barrels, shall consist of pig pork, all parts of one car- 
cass or not, and not to contain the bead or l^s of more than 
one carcass, excluding the krd taxd refuse as above. And in 
all cases where the legs of pork are taken out for bacon, or 
for any other pnrpose, the weiglit shall not be made up with 
heads or shoulders, but with other parts of the carcass not 
less valuable than the legs would be if they were salted. 
No. 3, shall consist of the merchantable parts of wholesome No. 3. 
pork, of a quality inferiour to good No. 2 pork, and the bar- riiui. stmt. 
rels shall contain two hundred pounds of pork each, and ™fj^»^®^» 
there shall not be any more than the merchantable parts of 
two carcasses of pork in one barrel, except where any of the 
legs are taken out, the same number of shoulder pieces, and 
no more may be added, making up the defici«ooy of weight 
in better parts of a carcass of pork. Barrels filled with pork Potk beads or 
heads or feet, shall be branded Pork heads^ or Feet^ as the ^^' 
case may be : And each barrel of pork shall be well salted Barrels of pork 
with seventy pounds of clean coarse salt, exclusive of a strong 
pickle, and shall be branded on one of the heads with the 
quality of the pork it contains. 

Sect. 6. Be it further enaetedj That it shall be the duty Dotyofinspec- 
of the Inspector General and his deputies to attend, as soon as soon as may 
as may be, within twenty-four hours after request made, at ^|J^ ^ey're^ 
any suitable place within the county where he resides, for JJ^ gj^j 
the purpose of inspecting any quantity of beef or pork ex- June w, 1801, 
ceeding* thirty barrels : And whenever said inspector or his [•esi^l 
deputies shall have inspected and assorted beef or pork, as 
the law requires, the said inspector or his deputies, with their 
own labourers and coopers, or soch other labourers and ^^^^^ ^^^ 
coopers as they shall employ, and (or whose conduct in said June as, 18M, 
business they shall be accountable, shall cut, weigh, pack, 
salt and cooper the said beef, which they have thus inspected. 



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748 BEEF AND PORK. 

Ch. 148. Sect. 6. Be it further enaetedj That all barrels and half 
^•^^^^■^^ barrels of pork and beef packed or repacked for exportation, 
braDdinff beef shall be branded with the first letter of the christian name, 
*"*^ ^^ ' and the surname at length, of the inspector who has inspect- 
^wTk ^1800 ®^ ^^ same, with the name of the town where, and with the 
§ ^ ] month and year in which the same has been, or may hereafter 

[See ch. 276. be SO inspected, in legible letters, with the addition of the 
p. i04';^°miid word Maine ; and every barrel and half barrel of the three 
8^p. 866.V°^' ^^ soi*^ sh^ ^3^ ^^ branded with the name of the person 

for whom the pork or beef was packed. 
Name of Sect. 7. Be it further enoctedy That the Inspector G^- 

^Ireriat^ io cral or his deputy or either of them, may, when the month 
iu^Uoor*^^ in which any beef or pork shall be inspected, shall consist of 
[Maw Sut. ^^^^ ^b<^ o°® syllable, so abbreviate the name of the month, 
6*2*1^**^^^*^' as conveniently to brand the same on the head of each barrel 

or half barrel, by him or them inspected. 
Penalty for 10- Sect. 8. Be it further enacted y That the Inspector Gen- 
SSJ^wl'ypiick- ®"^ ^^ *"s deputies shall not, nor shall either of them, 
ioM ^^wJt^uJr ^""^^ ^y packages of provisions, other than those which 
apected and they have inspected, and have caused to be weighed and 
them; or any packed as the law requires. And if any inspector or deputy 
^^cted^or be- inspector, appointed by virtue of this act, shall be guilty of 
lraad*^&c. k ^y ^^S^®^^ o"" f^^i in inspecting any beef or pork, contrary 
inspecting. to the true intent and meaning of this act, or shaU mark with 
[Mass. Stat, their respective brands any cask containing beef or pork, 
§"2?&;Mar.4l which has not been actually inspected, he or they shall forfeit 
J800, § 1.1 ^j p^y ^^ dollars for each and every cask so fabely marked. 
Penalty for de- Sect. 9. Be it further enoctedj That no deputy appoint- 
£SdiSg*^y ®^ ^7 virtue of this act, shall inspect or brand any cask of 
cask ofbeef or be^f q^ pork out of the town or county for which he shall be 

pork out ol the * •' 

town for which appointed, under the penalty of fifty dollars; and if any per- 
ed. son,* other than the said inspector or his deputy shall pre- 

[mLs. Slat, sume to stamp or brand any cask of beef or pork, in the 
§1'] ^' ^*^* manner directed by this act, every person so ofiTending, shall 

forfeit the sum of twenty dollars for each and every cask so 

unlawfully branded. 
[Bfass. Stat. Sect. 10. Be it further enacted ^ That if any inspector or 
June 14, 1816, deputy iDspector shall neglect or refuse to brand any beef or 

pork to be exported agreeably to this act, he shall be subject 



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BEEF AND PORK. 749 

and liable to the same penalties and forfeitures as are recor- Ch. 148. 
erable in the eighth section of this act for falsely marking ^-^"v^*-' 
any cask. 

Sect. 11. Be it further enacted j That if any person penaitv for 
shall intermix, take out or shift any beef or pork out of any SufnVor'ihif- 
cask inspected or branded as by this act is required, or put J^^"**"***^^ 
in any other beef or pork for sale or exportation, contrary to 
the intention of this act, the person or persons so offending Mar. 4, isdo, 
shall, for each and every offence, forfeit and pay the sum of 
twenty dollars. 

Sect. 12. Be it further etMcted, That no person or Penaityforcx- 
persons whatsoever shall ship or export from this State any Kef*and i»i, 
salted pork, except in barrels or half barrels, nor any salted J^b^^&c. ^^ 
beef except in barrels or half barrels of the quality and di- pcctedagafore- 
mensions herein provided, and the contents thereof are in- 
spected and packed, and unless the casks containing the same ^ * ^ '^ 
are branded agreeably to the directions in this act. 

Sect. 13. Be it further enacted, That no salted beef Collector of 
or pork shall be exported out of this State, unless the master fiJlS^^i^ 
or owner of the vessel produces to the Collector or any other i^^*J^ °^ 
officer authorized' by the laws of the United States to clear brandiDg, by 

mast^ of vet- 
vessels out, a certificate from the Inspector General or his eel. 

deputy, that the same has been mspected and branded ac- [ib. § ii.] 

cording (o the directions in this act ; and each certificate Subttance of 

shall express the luiB^r of barrels and half barrels of beef ^^^'^^^^^ 

or pork of each sq^ And the master or owner of every xo be iwora 

vessel in which beef or pork, is so exported, on producing ^* 

sud certificate, shall take and subscribe the following oath 

before tlie officer authorized as aforesaid. 

I, A B, of the ' do swear, that accordiDg to the beet of my knowledge and Form of oath. 

'belief the certificate hereunto annexed contains the whole quantity of salted beef 
(or pork as the case* may be) on board the » •^-^— master; and that no [*634] 

- salted beef (or pork» as the case may be) is shipped on board said Tessel for the 
ship's company, on fireight or on cargo, bat what is inspected and branded, accord- 
ing to the law of this State. So help me OOD, 

Sect. 14. Be it further enacted, That nothing in this Rowidsofbeer 
act shall prevent the exportation of rounds of beef in kegs ^^ keg^fice! 
or tubs as is now practised : Provided however y That the J^ ^^ **"" 
name of the owner, and the town where he resides, shall be ,_, , , . , 

IId. 9 14* J 

branded on one head of each keg or tub, under the penalty 
of one dollar for each keg or tub not branded. 



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750 B£EF AND PORK. 

Ch. 148. Sect. 15. Be A further tnadedy That tjbe feet, ears 
^"^^^^^^ and faces of pork (when separated frocn the ebeek part of the 
faces' not to be head, or any other pieces prohibited by this act) shall not be 
S^"!^.*" ^' exported under the brand re/We, or any other brand approv- 
Mar*i6^W5 ^ ^^ provided for the exportation of pork. 
§2.] Sect. 16. Be it further enacted. That if any person 

Penalty forex- , ,, '^ , . ,. . r t • 

porting beef or or persons sball export or ship for exportation out of this 

pc^r^ot in- g^^^^ ^^ salted beef or pork not inspected and branded as by 

[Mass. Stat. ^'^ ^^^ ^^ directed, every such exporter or shipper, and the 

Mar. 4, 1800, master of every vessel having on board such uninspected beef 

or pork, shall, on conviction, respectively forfeit and pay the 

sums fdlowing : The owner or exporter shall forfeit and pay 

the sum of six dollars* and the master of every vessel having 

the same on board, the auni of two dollars, for every cask 

Justice of the exported or shipped for exportation. And it shall be lawful 

^^a wsSfam ^^^ ^y Justice of the Peace, upon any infortnation given of 

for seizing on- any bccf Or pork being put on board any vessel as aforesaid, 

inspecteo Deet 

and pork on not inspected and branded as required by this act, to issue 

board vessel 

and to secure 'it his Warrant, directed to the Sheriff, or his deputy, or to a 

^^^^^ Constable, requiring them respectively to make seiziire of 

any such salted beef or pork not marked and branded as 

aforesaid, and to secure the same in order for trial ; and said 

officers are hereby respectively required and empowered to 

execute the same. And it shall be the d«ity of every person 

when required, to give the necessary aid for that purpose, on 

pain of forfeiting five dollars for hia refusal. 

Penalties how Sect. 17. Be it further enacted^ That all penalties and 

recoTcred. forfeitures aforesaid shall be recovered by an action of debt 
[lb. § 13.] . ^ . . ^ , 

C*635] or* mformation, m any Court proper to try the same ; one 

moiety thereof to the use of the town wherein the offence 
shall be committed, and the other moiety to him or them who 
shall inform and sue for the same. 

Sect. 18. Be it further enacted^ That if the Inspector 
Inspectors may General of beef, or any of his deputies, having information 
pm!c laded for or knowledge of any quantity of beef or pork being laden in 
eSai^oMe^ any port or place within this State for exportation, in respect 
to which there shall not be a conformity to this act, it shall 
June IS, 1901« and may be lawful fqr the said Inspector General or his dep- 
uty, to make seizure thereof forthwith, and to file a libel or 



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BEEP AND PORK. 751 

raformadon thereupon, in any Court proper to try the same : Gh« 148. 
And upon trial of such beef or pork so seized as aforesaid, ^"fT^"^^, 

* , , which may bo 

in case a breach of this act shall be proved, shall be liable to condemned a« 
condensation and forfeiture ; one moiety to the use of the ^! ^ 
State, and the other moiety to the use of the officer seizing 
and prosecuting for the same. 

Sect. 19. Be it further enacted. That all the provisions, This act taex- 
penalties, regulations and requirements contabed in this act, and pork trans- 
shall be construed to extend, and shall extend to all beef or wLwfrom^ia 
pork transported, or intended to be transported coastwise ®,S»ofUiei/[ 
from any port or place in this State, to any of the United s^^--. 
States, or shipped on board of any vessel for any purpose 
whatever. 

Sect. 20. Beit further enacted. That it shall be the Depnhr inapec* 
duty of every deputy inspector to make a return to the In- Mumai ^ 



spector General once in every year of the number of barrels SJnirSr***' 
and half barrels of beef or pork inspected by them agreeably yj^4 ^^^ 
to the directions of this act ; and the Inspector General in § 3.] 
the month of January annually shall make a return into the erdto'make 
ol&e of the Secretary of this State, of the whole number of " iSreutnTof 
barrels and half barrels inspected according to the directions ni2Si?of uj! 
of this act, by him or his deputies the year preceding, under ^^Le^ulu^' 
each of the respective brands used by him, designating in the and bis depu- 
return the different sorts and the places at which it was in- 
spected : said returns to be made up to the first day of Jan- 
uary in each year. And the Inspector General may, and he 
is hereby authorized to administer the several oaths required 
by this act. 

Sect. 21.* Be it further enacted, That no beef or pork How beef and 
shall be weighed by the owners or keepers of any slaughter S^b^^Ji ** 
houses, stores, or warehouses, or by any persons under their ^jj****"^**©"- 
direction or control in said houses, in any greater quantity 
than fifty pounds, except in scales and with weights, or by PeuiitT for 
the vibrating steelyard invented by Benjamin IXearbom, or ^^^^ ^ 
the vibrating steelyard invented or improved by Samuel Hills '^• 
duly sealed, according to the act entitled << An Act for the 
due regulation of weights and measures ;"t and every owner [fSat ante, p. 
or keeper of any slaughter house, store or warehouse, or any * 
person or persons by their direction, or under their control 

Vol. II. 27 



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752 ^^^^^^ ^^^ PORK. 

Ch. 148. in said houses, who shtll weigh any beef or pork in anj 

^-^"^-^- greater quantity than fifty pounds by steelyards other than 

above named, or in any other way than by scales and weights 

duly sealed as aforesaid, shaD, for every such offence, forfeit 

and pay the sum of ten dollars to be recovered by action of 

the case, before any Court competent to try the same, by any 

person who shall first sue for the same ; one half to the use 

of the person who shall sue as aforesaid, and the other hidf 

to the use of the poor of the town in which such offence shall 

be committed. 

Seieetmenmay Sect. 22. Be it further enacted j That it shall be the 

S?ro?b!S?to ^"*y ^^ ^® Selectmen of every town within this State, where 

besold ID mar- beef Cattle are sold for the purpose of market, or barrelling, 

to appoint one or more person or persons not being dealers 

Fob*i8, 181«, in cattle, and conveniently situated in such town^ to be weigh- 

tvcighewtobe ^ ^^ Weighers of beef, who shall be sworn to the faithful dis* 

Bworn. charge of the duties of their office, and shall receive such 

fees as are hereinafter described. 
Beefsosoidto Sect. 23. Be U further enacted^ That all beef sold as 
i^wtt'^igfe^ aforesaid, shall be weighed by the said sworn weighers, and 
ewjwhoai^to certificates of the weight of all the beef, hide and taUow of 
tmtm, &o. each head of cattle, in the form following, shall be signed by 
tib, $ a.] ^0 said weighers, and delivered to the seller or sellers 
thereof: 

1*6371 Form* of CertiiiGate. 
Form of oeitif* '^^ c«tifies that I have duly weigbtd the cattle bought by — — of — — from 
...^of— ^b day of 182- . 

B?5r 



Hide 

Tallow 

Total 



I 

Sworn Weigber. 

Penalty for Sect.- 24. Be it further enacted^ That any. butcher or 
baying berf purchaser of beef cattle, intended fpr market or barrelling, 

catde for mar- , , „ , i , /. , , 

ket or barrel- who shall purchase any such beef cattle contrary to the true 
toSii«Mw^ "^*^°^ ^^ meaning of this act shall forfeit and pay the sum of 
thirty dollars for each and every such offence to be recovered 
with cost of suit by action, before any Court proper to try 
the same ; one half to the use of the State, and the other 
half to the person who shall prosecute for the sanie : Provided 
nothing in this act shall prevent any person or persons from 



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BUTTER ANI> I4ARIK 763 

buying or. seUiog live eattle, oomnftonly called cattle on the Ch. 149. 
foot : and Providedy that no person shall be obliged to weigh ""^"^""^^ 
any beef cattle when the weight or mode of weighing shall 
be agreed upon by the biiyer and seller. 

Sect. 25. Bs U further enacted^ That the inspector of Provinoa for 

, , contiiwlD* 

beef and pork and his deputieSi who are now in office in this prawnt iiupec- 
State, shall and may continue to exercise and perform all the ^' 
duties of their respective offices> in as full and ample manner 
as they might lawfully do if appointed pursuant to the first 
sectbn of this act. [Approved March 19, 1821.] 
Additional Act, cb. 376, Vol. 3, p. 103L 



Chapter 14». 

AN ACT to aBcertain the quality of Butter, and Hogs Lard ; aad for the more 
effectual tnspeetion of the i 



Sect. 1. £jE t^ enacted by the Senate and House of GoTeraor u> 
Representatives^ in Legislature assembled^ That there shall be tw^^^iwuer* 
an inspector (o) of butter and lard for the State who shall be ^ ^^^QtBt 
skilled in the knowledge and properties of the same, to be Mar. 4, l8o6, 
appointed* by the Governor, with the advice and consent of [*638] 
the Council, to be by them removable at pleasure ; and who, 
before he shall enter upon the duties of his office, shall give who shall giy 
bond, with sufficient sureties, to the Treasurer of the State, Ji^JJ^iT^ ** 
in the penal sum of one thousand dollars, for the faithful dis- 
charge of Iiis duty ; and shall also be sworn faithfully to 
discharge the same. And such inspector shall have power, 
when so qualified to appoint, and shall appoint deputy inspec- «»d may ap- 
tors in every sea port town where butter and lard is exported, ^ ^^ 
and such other places as he shall judge necessary, for whom 
he shall be answerable ; and shall take bonds from them with w*iodian ako 

gtre ooiujU 
sufficient surely or sureties, in the penal sum of five hundred 

dollars, for the faithful discharge of their duty ; and they shall 

also be sworn to the faithful discbarge of their duty. 

Sect. 2. Be it further enacted (b)^ That no person or 

(a) Fdr hta of, lee oh. 208, vol. 8, p. 20 ; alM eb. 289, § 2, ib. p. 70. 

(&) See laodificatioaeof 9 2, by ch. 276, vol. 8, p. 108 ; tad eh. 878, rot 
8, p. 228. 



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754 



BOTTKR AND LAIU>. 



Ch. 149. 

No batter or 
lard to be flip- 
ped before be* 
iDg inspected. 

[lb. § 1.] 

Mode of in- 
■pection. 



Manner of 
branding. 



[•639] 



Site and qual- 
ity of caakfl, 
kegs and fir- 
kins to contain 
butter and lard 
for exporta- 
tion. 

[lb. §2.] 



persons whatsoever, shall ship way butter or lard for exporta- 
tion, before he shall first have sabmitted the same to the view 
and examination of the inspector or his deputy, who shall be 
appointed as is heremafter provided ; who shall inspect and 
prove all butter and lard in casks, firkins or kegs that shall be 
intended to be laden on board any vessel for exportation. 
And every such inspector or his deputy, shall examine the 
casks, kegs or firkins containing the said commodity, intend- 
ed to be exported as aforesaid, and with a hollow iron 
searcher shall, from one side of the head of said casks, kegs 
or firkins, perforate diagonally to the other head, and thereby 
draw out so much butter or lard as shall determine the quality 
of the whole ; and see that it be preserved with a due propor- 
tion of good fine salt, sweet, and in all respects fit to be 
exported, without danger of spoiling, to any foreign market. 
And every cask, keg, or firkin of butter and lard which ac- 
cording to the inspector's best judgment, appears to be good 
and merchantable as aforesaid, he shall distinguish by the 
words first, second, or third, and all other butter and lard 
shall be distinguished by the word re/We, and branded in plain 
legible letters, together with the word Maine, and the name 
of the town where it shall be thus inspected, with the ii^itial 
letters of his christian name and his surname at large ; and 
each cask, keg or firkin of butter or lard,* inspected as afore- 
said, shall also be branded with the word butter or lard^ as 
the case may be. 

Sect. 3. Be it further enacted (c), That every cask, keg 
or firkin, in which butter or lard shall be packed for foreign 
exportation, shall be made of sound and well seasoned while 
oak or ash staves and heading, full bound, twelve and an half 
inches in length, and eight and an half inches diameter in the 
head, or fifteen inches in length, and ten and an half inches 
diameter in the head, or kegs twelve inches long and seven 
and an half inches diameter in the heads ; or ten inches long 
with six inches head. 



(c) So much of § 3, « as relates to tbe description of the wood, or the 
size of the casks, kegs or firkins, in which baUer shali bo packed for expor- 
tation to any of the States east of New York,'* is repealed hj ch. 26S, vol. 
3, p. 92 ; see also ch. 878, toL 3i p. 228, exempting batter from inspectioii 
in certain cases. 



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BUTTER AND LARD. 755 

Sect. 4. Be it further enatUd^ That each cask, keg or Ch. 149. 
firkin, before any butter or lard be packed therein, shall be ^'""T""^^^. 

■' ^ , Casks to he fil- 

filled with a strong brine, which shall remain therein three led with brine, 
days ; and as soon as the brine is emptied from the cask, ^ i^iud/ 
keg or firkin, it shall be weighed by the owner of such butter *"** ^'^' 
or lard, who shall, with a marking iron, mark on one of the t^- ^ '-1 
heads thereof, the full weight of the cask, keg or firkin, and 
shall brand or imprint, with a burning iron, the initial letter of 
his christian name, and his surname at large ; and in case he 
shall falsely mark the same, such owner, upon conviction 
thereof shall forfeit three dollars. 

Sect. 5. Beit Jurther enacted (d). That no butter or Master ofves- 
lard shall be exported out of this Sute unless the master or ^^nS^^ 
owner of the vessel produces to the collector or any other <»^|5?^ ^ 

'■ * inspcctiODy be- 

officer authorized by the laws of the United States to clear ^'ore dewuee* 
vessels out, a certificate from the Inspector General or his fib. § 4.] 
deputy, that the same has been inspected and branded ac- 
cording to the directions in this act ; each certificate shall 
express the number of casks, and their weight ; and the mas- 
ter or owner of any ve^el -in which butter or lard is so ex- nnd make oath 
ported, on producing said certificate, shall take and subscribe ^^J^ c«rtifi- 
tbe following oath before the officer authorized as aforesaid : 

I, A B, of , do swear, that according to the best of my knowledge and Form of oath, 

belief, the certificate hereunto annexed contains the whole qaanty of butter or lard 

(as the case may be) on board , master ; and that no batter or lard 

(as the case may be) is shipped on board said vessel for the ship's company, on 
freight, or on cargo, bat what is inspected and branded according to the law of this 
State. 8o help me QOD. 

Sect. C."* Be it further enactedy That if any person or Peigfy^ex- 
persons shall export, or ship for exportation, out of this State, KSJ^^f^^ 
any butter or hogs lard, not inspected and branded as by this ^!^ or'krd 

i_ J- J t_ ^' ^ wiikoat in. 

act they are directed ; every such exporter or shipper, and snection, 
the master of every vessel having on board such uninspected JaiMi7,i8ob, 
butter or lard, shall on conviction thereof, respectively forfeit ^ '^ 

' "^ "^ on owner and 

and pay the sums following ; the owner or exporter shall for- master of ves- 
feit and pay the sum of five dollars ; and the master of every 
vessel having the same on board, the sum of three dollars, 

{d) So mnch of § 6 ** as relates to butter exported, or intended to be ex- 
ported from this State, to any of the United States east of New York," is 
repealed by cfa. 26S, voL 8, p. 92. 



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756 BUTTER AND LARD. 

Ch. 149. for each cask exported or shipped for exportatioQ.t And it 

'--^^^^^'^ shall be the duty of any Justice of the Peace, upon any in- 

8, aad note formation given of any butter or hogs lard being put on board 

jJItice of the ^^Y vessel as aforesaid, not inspected and branded as required 

f^rhi8*war" ^y ^^'^ ^^'» ^^ ^^^"® ^^^ warrant, directed to the Sheriff or his 

rant for seizing deputy, or to a Constable, requiring them respectively to 

not inspected make seizure of any such butter or hogs lard not marked and 

on board any branded as aforesaid, and to secure the same in order for 

trial ; and said officers are herel^ respectively required and 

empowered to execute the same ; and it shall be the duty of 

every person, when required, to give the necessary ud for 

that purpose, on pain of forfeiting five dollars for his refusal. 

Penalty for in- Sect. 7- Be it furthtr tfiacted, That if any tnispector of 

spector refiw- butter and lard (accord ine to the duties of this act) shall on 

log or delay uur \ c^ / 

toeacamiiieand application made for the examination of any butter or lard as 
haSn. ^ aforesaid, unreasonably refuse, neglect or delay to proceed to 
[Maw. Stat, ^ch examination and inspection, for the space of three hours 
Mar. 4, 1800, gf^^j. gy^j^ application so made to him, the inspector so re- 
fusing, neglecting or delaying to make such examination or 
inspection, shall) for each offence forfeit the sum of two 
dollars. 
Penalty for Sect. 8. Bt it further enacUd, That if any inspector or 
b^S^boSwor deputy inspector shall neglect or refuse to brand any butter 
*urd. or lard, to be exported agreeably to this act, the person or 

[Mass. Stau persons so offending, shall be subject and liable to the same 
§4/] ' ' penalties and forfeitures mentioned in the seventh section of 

this act. 

Pmaky for Sect. 9. Be it further eniEicted^ That if any person shall 

TOtt^feiUng counterfeit any brand belonging to, or proper to be used by 

^***4 ^800 ^^ ^^'d inspector or any of his deputies, or shall impress or 

§ 6.] ' * brand* any cask, keg or firkin of butter or lard with any 

brand or brands of such inspector, or with any counterfeit 

brand as aforesaid, he shall forfeit and pay for each offence 

the sum of ten dollars. 

Penalty for Sect. 10. Be H further enactedy That if any person 

toitool ^, shall empty any cask, keg or firkin of butter or lard inspected 

fraodulenUy, ^nd branded as by this act is required, and put in any other 

[lb. § 7.] butter or lard for sale or exportation, without first cuttitig out 

the said brands and marks, the person or persons so offend- 



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nsH. 757 

ing, shall for each such cask, keg or firkin, forfeit and pay Ch. 150. 
the stun of ten dollars. v^-v-^^ 

Sect. 11. Be it further enacted^ That all fines and for- Fines mYdpen- 
feitures mentioned in this act shall, and may be sued for and covered Tnd ' 
recovered, with costs, by any person to his own use before a "PP'^<>P"*'e<*- 
Justice of the Peace, or any other Court proper to try the t^- § ®*1 
same, mth liberty of appeal, as in other civil actions. 

Sect. 12. Be it further enactedy That it shall be the impector to 
duty of the inspector of butter and lard in the month of January returns to kc- 
annually to make a return of the number of casks of difTerent '^**^** ^**» 
qualities of these articles branded by him, and his deputies, 
and the weight of the respecttyn kindn, into the office of the 
Secretary of this State: The returns above specified to be Mdreqaim^r 
made up to the first day of May of each year. And the said mai^'''Sr*rl! 
inspector shall require of his deputies to make the returns to 21*hk^. "'"^ 
him necessary to carry into effect the provision aforesaid . 

Sect. 13. Bt it fwriher enacted^ That the inspector of impect«r and 
butter and lard and bis deputies, who are now in ofihsein this o^to<>^TteH 
State, shall uad may continue to exercise and perform all the ^' ^^* 
duties of tlieir respective offices in as foil and ample manner 
as they might lawfully do, if appointed pursuant to the first 
section of this act. [Approved March 19, 1821. J • 
Additiona] Aet, ch. 263, vol. 3, p. 92. 



CUapter Id^A. 

AN ACT to pfOTide for the packittg^ and ioepectldn dfPickled and I^Aoked Fish. 

Sect. 1. j3E t< enacted by the Senate and Howe o/ Governor id 
Representatives^ in Legislature assembled^ That the Govern- JJI^f^'^JjSi 
or with the advice of Council is hereby authorized and direct- ^^^'^ !™ok-- 

.. ... , ,ed alewives 

ed to appomt^ and commission duruig his pleasure in each and herrinp. 
town and plantation in this State, whqre pickled fish or smok- 
ed alewives and herrings are cured or packed for the purpose 
of exportation, one or more suitable person or persons in- 
spector (a) or inspectors of pickled fish and smoked alewives 

(a) I. Inspectors offish are required to make annual returns to the office of 
Beeretar/ of State, by act passed March 2, 1833, ch. 74. 



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758 Fisp. 

Ch. 150. and herrings, who shall be well skilled in the quality of the 
^-^""""^^ ^ same, and before he enters on the duties of his office shall be 

Inspector f o bo 

sworn and give swom to the faithful discharge thereof, and shall giire bond 
treasurer^ &.c, with sufficient sureties to the Treasurer of the town or plan- 
tation in which he is appointed, in the penal sum of not less 
than five hundred nor more than one thousand dollars for the 
Selectmen to faithful performance of the duties of his office. And the Se- 
bonds, annnaU Icctmen of towns, and Assessors of plantations in which such 
^' inspectors shall be appointed, shall annually examine the 

bonds given as aforesaid, and if the bond of any such inspec- 
tor shall by them be considered insufficient, they shall fortb- 
iffoaBdinaaffi. with notify such inspector of the same, and if any inspector 
■ewed? or inl shall for thirty days after sucb notice, neglect to give bond as 
■P^or^ to be gforesaid to the satisfaction of such Selectmen or Assessors, 
it shall be their duty to give information thereof to the Ck)v- 
emor who shall remove such inspector and appoint some oth* 
PerwMM injur- er person to sucb office. And any person injured by the 
mch^a^ neglect or misdoings of any such inspector, shall be entitled 
to a copy of sucb bond, and shall have a right to bring an ac* 
tion thereon in the name of such Treasurer for his own use 
Proceedingion and benefit : and on producing the original in Court and ob- 
^* * taining judgment thereon, execution shall issue for such sum 
only as shall be found due in damages to the person for whose 
use any such action shall be brought ; and the amount thereof 
being entered by the Clerk of the Court on the original bond, 
the same may be delivered back (by leaving a copy) to the 
Treasurer from whom the same was received. 
QoBiitf and Sect. 2. Be it further enacted. That all barrels, half 

of 



for packing barrels and tierces which shall be made or used for tbe pur- 
pickM fiah. p^gg ^f packing or containing pickled fish, shall be made of 

B**"- ®^*' sound, well seasoned white oak, ash, red oak, spruce, pine 
§ !•] or chesnut staves of rift timber, with heading of either of the 

said kinds of wood, sound, well seasoned, and the pine heads 
[•643] free from sap : said heading to be well planed ; the barrels,* 
half barrels and tierces to be well hooped, with at least three 
hoops on each bilge, and three hoops on each chime, all of 
which shall be good hoops of sufficient substance, the barrel 

2. When fiih are to be inspected in a town where no inspector resides, 
any inspector in the connt/ may perform the serrice, by ch. 201 , vol. 8, p. 22« 



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FISH. 759 

staves to be twenty-eight inches in length, and the heads to Gh. 150. 

be seventeen inches between the chimes ; and to contain not ^^^v-^^ 

less than twentj-nine nor more than thirty gallons ; and bar- 

rels> half barrels and tierces shall be branded on the side.of 

the cask near the bung with the name of the maker or owqer 

of said cask, and shall be made in a workmanlike manner, to 

hold pickle ; the half barrels to contain not less than fifteen 

gallon^, and the tierces to contain not less than forty-five nor 

more than forty-six gallons : Provided howevery That nothing p^^j^ „ ^ 

contained in thb act, shall extend to fish packed in kegs of fi«* » N;»' 

jess than ten gallons. 

Sect. 3. Be U further enacted^ That all boxes which q^^j a„d 
shall be made for the purpose of packing smoked alewives ■»*« *di^***** 
or herrings and containing the same, shall be made of good aieww«s and 
sound boards, sawed and well seasoned, the sides, top and 
bottom of not less than half inch boards, and the ends not 
less than three quarters of inch boards, securely nailed with 
not less than eight sixpenny nails, and sixteen four penny 
nails to each box, and the top of each box to be planed, and 
shall be seventeen inches in length, eleven inches in breadth 
and six inches in depth in the clear, inside. And all ale- Herring, &c. 
wives or herrings intended to be smoked and packed shall be to'^bew^^^! 
sufficiently salted and smoked, to cure and preserve the same ; ^ *°^ '°^^' 
and afterwards closely packed in the boxes, in clear and dry 
weather. 

SrcT. 4. Be it further enacted y That it shall be the duty Duty of in- 
of the inspector to see that salmon, mackerel, shad and all p£!a^g mimt 
other kinds of split pickled fish, or fish for barrelling, have J^"^ «««c>««^» 
been well struck with salt or pickle in the first instance, and » g 
preserved sweet, free from rust, taint or damage. And such Juoe^, isos, 
fish as are in good order, and of a good quality, shall be i8(M,j2;aiid 
packed in tierces, barrels or half barrels ; the tierces shall § J!] ' ^^^^' 
contain three hundred pounds, the barrels shall contain two 
hundred pounds, and the half barrels one hundred pounds of 
fish each; and the same shall be packed with thirty-five, 
pounds of good and clean coarse salt, suitable'"' for the pur- [*644] 
pose to each barrel ; and said casks after being packed and 
headed up with the fish, and sufficient salt to preserve the 
same, shall be filled up with a clear strong pickle ; and shall 

Vol. II. 28 



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760 "S^ 

Ch. 1 50. be branded Salmon, Mackerel^ Sbad (or as the case may be ;} 
^-^"•^'•"^^ those of the best quality, caught in the right seasoo, to be 
ing.^^ ' most approved, and free from damage, shall be branded Car* 
Cargo No. 1. go No. 1 ; those which remain after the best have been se- 
lected, being sweet and free from taint, rust or damage shall 
Cargo No. 2. be branded Cargo No. 2 ; and there shall be a third quality, 
rMass. Stat, which shall consist of the thinnest and poorest of those that 
§ il] ' 'are sweet and wholesome, which shall be branded Cargo No. 
Cargo No. 8. 3* And the inspector shall also brand in plain legible letters 
I AddHidnai on the head of each and every cask, in which inspected mer- 
ed^^Sh^352" chantable fish or whole fish are packed or repacked, the 
vol. 8, p. 198; weieht, and initials of his christian name, with his surname 

and ch. 879, , , r i r i - \ t > . , 

▼oh 8, p. 229.] at large, the name of the town for which he is appointed, 
Penalty for and the word Maine annexed : And each cask shall be filled 

^x?M^r*iiif. w>^ fis^ ^f o^® ^^ ^® s*"^® ^^^^ • ^^ 'f ^'^y person shall 
tia^ inspected intermix, take out or shift any inspected fish which are pack- 
ed and branded as aforesaid, or put in other fish for sale or 
exportation contrary to the true intent and meaning of this 
act, he Of they shall forfeit and pay fifteen dollars for each 
and every package so altered : Provided howeverj If any 
casualty shall render it necessary to repack a cask of inspect- 
ed fish, it may in all cases be done by an inspector of such 
Penalty for vx- fish. And if Bny person shall sell or export or cause to be 
portmgdamag- ^^jj ^^ exported, wiihin or from this State, any tainted or 
damaged fish, he shall forfeit and pay ten dollars for every 
hundred weight that shall be thus sold or exported. 
Cod fish, had- Sect. 5. Be it further enacted^ That all cod fish, had- 
I'tL'^^!*' dock, hake, pollock and hallibut pickled and hereafter offered 
SSli\c! ^^^ ^^'®' ^'^' ^^ packed in casks of the contents required by 
the second section of this act, each barrel to contain two 

iMoaa. Stat. 

June 17, 1819, hundred and twenty-five pounds, and each half barrel to con- 
tain one hundred and twelve and an half pounds, agreeably 
ta the rules of packing in the fourth section of this act, with 
Inspectors to suflicient salt to preserve the same. And it shall be the duty 
wcTbt *]Sj on'^^^*^® inspectors to brand with plain and legible figures,* the 
caskf. weight of the aforesaid five kinds of fish in addition to the 

brands required by the fourth section of this act. 
- 1. ii.. Sect. 6. Beit further enacted. That all small fish which 

whole, how to are usually packed whole with dry salt, shall be put in good 



Digitized by VjOOQIC 



FISH« 761 

casks of the size and materials mentioDed in the second sec^ Ch. 150. 
tion of this act ; said fish shall be packed close in the cask v-^-v^*-^ 
and well salted ; the casks shall be filled full with the fish in what casks, 
and salt, putting no more salt with the fish than is necessary [Mbm. stat. 
for their preservation ; and the inspector shall brand all casks i*Jf ^J^J^' 
containing such inspected whole fish with the name of the i^io, $ 4.] 
fish, and the quality as described in the fourth section of this 
act. 

Sect. 7. Be it further enacted^ That all smoked ale- Smoked mle- 
wives or herringsf shall be divided and sorted by the inspec- Hn|^howsort' 
tor, and denominated according to their quality, first sort, and r*s^^nward, 
second sort ; the first sort shall consist of all the largest and ch.iTS, mthis 

▼olume; ako 

best cured fish, of not less than eight inches long; second ch. 488,to1.8, 

sort, of the smaller, but well cured fish, of not less than seven ^' 

inches long ; and in all cases the following shall be taken 

out as refuse; all those which are belly broken, tainted, 

scorched or burnt, slack salted, or not sufficiently smoked. 

And each box of alewives or herrings so inspected, shall be Boxes bow to 

branded on the top, by the inspecting officer with the first 

letter of the christian name, and the surname at length, of the 

inspector who inspected the same ; and in like manner the 

name of the owner thereof, with the name of the town where 

it was inspected, with the addition of Maine, and also with 

the quality of first sort, or second sort. 

Sect. 6. Be it further enacted^ That no pickled fish in pickled fish, io 
casks, and no smoked alewives or herrings in boxes, shall be ^J^^^jJ^. 
exported from this State by water, unless the master or owner r»n?» *^» .»» 

boxes oot to be 

of the vessel shall produce to the Collector, or other officer exportedj on- 
authorized by the United States to clear out vessels, a* cer- of iospectkm 
tificate from the inspector, that the same has been inspected, ^lE^JJ^ ^ 
packed and branded according to the directions of this act : g^b.^^^ ^ 
and the certificate shall express the number of barrels* half certificate. 

[Mass. Stat. 

barrels and tierces, and the number of boxes thus shipped, June 8, isot, 
the kind and quality of the fish they contain, with the name a, isio.isj* 
of the master and owner, and the name of the vessel in which 
such* fish are received for exportation. And such master or Master or owb- 
owner of every vessel shall take and subscribe the following TOUi*Siercu>.* 
oath or aflirmation, before the officer authorized as aforesaid ; 

I, A. B. do swoaTy or afiinny (as the oase may be,) according to the best of 0y Form of oath. 
kaoMrledge and belief, that the certificate heretrato annexed, contains the whole 



Digitized by VjOOQIC 



762 FMU. 

Ch. 150. <Itu^<itJ ^ pickled and barrelkd tuh, aad of moked alewiTM ud htrrinfi oo 

y^0~^-^_j board the , — > master; and that no fiih, fmoked alewivaa or herriogi 

are Bbipped on board laid vesici, for the ship'f company, or on freight or cargo, 
but what are inspected and branded according to the hiws of thb State. So help 
me God; or this I do under the paint and peoaltiea of perjury, (aa the case maybe ) 

Pickled or Sect. 9. Bt U further encuited. That if any pickled or 

pat**OT £ard barrelled fish, or any smoked fish shall be put on board of 
vessel for ex- any boat, vessel, or carriage of conveyance, witliin this State, 
being inspect- with intent to Sell or export the same, unless said fish shall 
zedb^wan^t have been inspected, and the casks and boxes containiiig the 
rom Justice, ^^j^q ghaU have. been branded agreeably to the provisions of 
[lb. § 9.] jjjjg Q^j^ i^ gfjall be lawful for any Justice of the Peace in the 
same county, upon complaint made to him, to issue bb war- 
rant to the Sheriff or his deputy, or to any Constable of the 
town where such boat, vessel or carriage of conveyance may 
be, requiring them respectively to seiae and secure said fish, 
and carry the same to the inspector nearest the place where 
Power and do- said boat, vcssel or carriage may be; and said inspector is 
to^** inspec- ijgfgtjy authorized and required to open and inspect, and to 
pack and brand the same in the same manner as is prescribed 
in this act. And it shall be lawful for said inspector to de- 
tain the said fish until the expenses and charges of seizure, 
inspection, packing, and all other charges arising from such 
seizure, shall be paid. And it shall be the duty of every 
person, when required, to give necessary aid to the officer 
having such warrant, on pain of forfeiting five dollars for his 
refusal, to be recovered by action of debt, or on the case, 
before any Court proper to try the same ; and by any person 
who will prosecute therefor. 
Fish brought Sect. 10. Be U further enaeted. That no pickled or 
no?ti*be^wid; smoked fish, which shall be brought into this State from any 
S^^rdrnTto ^^^^^ State* or Government,t shdl be sold or offered for sale 
this act. before the same shall have been regularly inspected according 

Penalty for vi- to the provisions of this act ; and each and every person who 
tfT^raaybe buy or scll, or offer for sale [any] pickled or smoked fish 
chlaSsfvolA which shall be brought into this Bute from any other State 
p. 103.] ^j. Government, before the same is regularly inspected as 

aforesaid, shall severally forfeit and pay five dollars for each 
How reG<frer. ^^ every hundred pounds weight, so bought or sold ; to be 
^' recovered by any person who shall prosecute for the same, 



Digitized by VjOOQIC 



FISH. 763 

by action of debt, or on the case, before any Court proper Ch. 160. 
to try the same. v^-v-^^ 

Sect. 11. Beit further enacted. That if any master of Penalty for 
a vessel or other person shall put or receive on board any sogon immi^a 
vessel or other carriage of conveyance to transport the same noT^li^tS' 
from this State, any pickled or whole fish packed in casks ^* 
which are not inspected and branded in manner by this act June », ims, 
prescribed, he or they, on conviction, shall forfeit and pay 6» isio. § 60 
not less than five dollars, nor more than ten dollars for each 
and every hundred pounds of such uninspected fish (b). 

Sect. 12. Be it furtJier enacted. That no smoked ale- Penalty for ex- 

. • portinff siBok* 

Wives or herrings which shall not have been mspected and ed aiewivea, or 
branded agreeably to the provisions of this act, shall be ex- »pocte3' aod"^ 
ported fVom this State, under a penalty of two doUars for each *»™°^«^ 
box so exported ; nor shall any alewives or herrings be taken [See ch. m, 
from any box so mspected and branded, and others of an and aet mu^ 
inferior quality be put in their place, with intent to deceive issa.] ' 
or defraud any person in the sale of the same, under a pen- 
alty of five dollars for each box so changed. 

Sect. 13. Be it further enacted, That if the inspector Penalty for in- 
shall brand any cask, the contents of which he has not in- Sg^^i^^ 
spected, packed, salted and coopered, or any boxes of smoked ^' j^^S^' 
alewives or herrings, which he has not inspected, packed and ??"r|^^ "^ 
nailed according to the true intent and meaning of this act, 
or if he shall permit other persons to use his brands in vio- jaM28, isos, 
lation or evasion thereof, he or they so offending, shall forfeit l^^fgiof fs.i 
and pay for every cask and box so branded, the sum of 
twenty dollars (c). 

Sect. 14. Be it further enacted, That all persons within P«^<»»»n car- 

tain caiim to 

this State who shall have fish for packing and pickling either fomish inspec- 
in bulk or in casks to the amount of twenty barrels in one* ^ndT.' 
season, shall furnish the inspector with a branding iron, con- l**^l 
taining the first letter of the owners christian name, and his 

(6) ** To be recovered by action of debt, one half to the lue of the town, 
city or plantation, in which the offence may ha?e been committed, and the 
other half to the use of the perfon who may sae therefor.*' See ttatote pass- 
ed Febnmry 21, 1888. 

(e) Inspectors interested, are forbidden to inspect and brand. See act * 
paned March 9, 1882, eh. 86. 



Digitized by VjOOQIC 



764 FISH. 

Ch. 150. surname at large ; and the inspector shall cause ihe names of 
^-^"^^'"^ such owners to be fairly branded on the head of every cask 
Mar. 15, 1803, of their inspected fish ; and if any such owner of fish shall 
6,^1^10, § IL] refuse or neglect to furnish such brand, he shall forfeit and 
pay for such neglect and refusal, not less than five dollars, 
Pickled fish for nor more than twenty dollars ; and all kinds of pickled fish 
tion,how to be which are packed in tierces, barrels or half barrels for con- 
'***' ' sumption within this State, and which are not subject to be 

inspected and branded as provided for exportation, shall, 
however, be packed with only one kind of fish in each cask, 
and there shall be the same weight in each cask as is provided 
by the fourth section of this act ; and for intermixing differ- 
ent kinds of fish in the same cask, or for short weight in any 
cask, the owners or venders shall be subjected to the same 
penalties and forfeitures as are provided by this act for the 
like offence in the inspected pickled fish. 
Penalties and Sect. 15. Be it further enactcd^ That all penalties and 
rTOover^. ^^ forfeitures arising by force and virtue of this act, except the 
[lb. Mar. 6, P^^^^'^s of five dollars mentioned in the ninth and tenth sec- 
1810, § 11.] tions of this act, shall be recovered by action of debt in any 
Court proper to try the same ; one moiety thereof for the use 
of the town or plantation wherein the offence shall be com- 
mitted, and the other moiety to him or them who shall sue 
for the same. 
Fees for certif. Sect. 16. Be it further enacted y That the charges for 
i^^id b^'tbe certificates, inspecting and branding, shall be paid by the 
piSSerr exporter or purchaser, in addition to the purchase or cost of 
the fish ; and bills for the legal fees of inspection and certifi- 
Jane 2^ 1808, cates, shall in the first instance be paid by the original owner 
of said fish, or by the person employuig the inspector; and 
all such owners or employers are hereby empowered to de- 
mand and recover the amount of said bills from the subse- 
quent purchaser or exporter. 
iMpectors in Sect. 17. Be it further enactedj That the inspector 
eJ^ntiT AprTi ^"^ ^^^ deputies legally appointed and now in office shall 
10, 1821. continue to hold and enjoy their respective oflices until the 
tenth day of April next. 
[♦649] Sect. 18.* J5c t//t«HAer enacted. That every inspector 

of fish appointed in this State, shall, on being qualified for 



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rOT AND PEARL ASHEd, 765 

such office, pay to the Treasurer of the town or plantation Ch. 151. 
in which he shall reside* five dollars ; and it shall be the duty , ^-^-><"^-' 

. • 1 1 *Mp«ctor§ to 

of such Treasurers to pay over all monies so received to the pav doty of five 
Treasurer of this State, on or before tlie twentieth day of 
Januaiy annually. 

Sect. 19. Be it further enacted^ That the inspectors inspector's 
shall be paid for each certificate for exportation, seventeen **** 
cents ; and for inspecting and branding each and every cask 
of fish as directed by this act ; for each tierce ten cents, for 
each barrel seven cents, for each half barrel four cents, for 
each box of smoked herrings or alewives two cents ; exclu- 
sive of the labour and expense of packing and coopering ; 
and the fees for inspecting and the expense for packing and 
coopering shall be paid by the seller. [Approved March 
22, 1821.] 

Additional Act, ch. 185, Vol. 3, p. 5. 



Chapter ISl • 

AN ACT to asceruin the quality of Pot and Pearl Aibes, and for the more efieo- 
tual iiuf)ectioD of the i 



Sect. 1. JljE U enacted by the Senate and House of Governor to 
Representatives^ in Legislature assembled^ That there shall be f^^torff'Jit 
an inspector of pot and pearl ashes for the State, who shall be ^ p*^^ ^^' 
well skilled in the knowledge and properties of the same, to 
be appointed by the Governor, with the advice and consent Jane iV, i79i, 
of the Council, and to be by them removable at pleasure ; 
and who, before he shall enter upon the duties of his office, who ahall gWe 
shall give bond with sufficient sureties, to the Treasurer of ' 
the State, in the penal sum of three thousand dollars for the 
faithful discharge of his duty, and shall also be sworn faith- and be sworn, 
fully to perform the same. And such inspector shall have deputy^peo- 
power, when so qualified, to appoint, and shall appoint dep- ^^"* 
uty inspectors in every sea port town where pot and pearl 
ashes are exported, and such other places as he shall judge 
necessary ; for whom he shall be answerable, and shall take who shall give 
bonds from them with sufficient surety or sureties, and they Md^^be'imder 
shall also be sworn to the faithful discharge of their duty. ^^' 



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POT AND PBARL ASHES. 

Sect. 2.* B$ U further enacted, That every cask in 
which pot or pearl ashes shall be packed for exportation, 
ity'or pot^aad shall be made of sound and well seasoned oak or white ash 
^1 Babes staves and heading, full bound, twenty-nine inches in length, 
rib.^sls!? ^ nineteen inches diameter in the head, and of such weight in 
proportion to its contents, as will amount, as near as may be, 
to fourteen per centum tare thereon. 
Manoiacttirer Sect. 3. Beit further cfiocted. That every manufacturer 
MirTashlH to of pot and pearl ashes within this State shall brand each cask 
mme, fro. on contabing the same with the initial letters of his christian 
^^^' name, and his surname at full length, with the name of the 

[lb. § 9.] town where the same shall be manufactured, before the same 
Penahy for shall be romoved from the manufactory, under the penalty of 
"^ * one dollar for each cask so removed without being previously 

branded as aforesaid. 
No person to Sect. 4. Be U further enacted. That no person or per* 
uuon^any'pot SOUS whatsoever shall ship any pot or pearl ashes, for expor- 
2Jj.P^j^^~ tation, before he shall first have submitted the same to the 
tion. view and examination of the inspector or his deputy, who 

[n>. § 1 &s.] shall be appointed as hereinafter mentioned ; who shall start 
the same out of the casks, and carefully examine, try and in- 
spect the same, and sort the same in three different sorts, if 
Manner of in- necessary ; that the said inspector shall put each sort by itself 
ing amf i>rand' in tight new casks, well hooped and coopered, which he shall 
"^* distinguish by the words, first sort, second sort, or third sort, 

with the words pot or pearl ashes, as the same may be, 
branded in plain legible letters, together with the letters of 
his name, and the place where such pot or pearl ashes shall 
be inspected, as also the word ^^Jtfatne" at full length on each 
Inspector shall cask : and the said inspector, or his deputy at the time of 
rS^mark the Starting pot or pearl ashes for inspection, shall weigh the cask 
weight. Q,^ casks and mark the weight with a marking iron on each 

head thereof. 

Inspector may Sect. 6. Bc it further cnacttd, That every such inspec- 

&^in*t^h ^^^ shall have full power and authority by virtue of this act, 

hn^A Sm ^^^ without further or other warrant, to enter on board any 

ship or vessel whatsoever, lying and being in the harbour 

where such inspector is authorized to inspect pot or pearl 

ashes, shipped or shipping on board any such vessel for ex- 



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POT AND PEARL A8HES. 767 

portatioa from this State: and if said inspector shall, on Ch. 151. 

search,* discover any cask or casks of pot or pearl ashes, ^"^Tb^^JJ^ 

not hranded as before directed, the person or persons so to be forfeited. 

shipping or having shipped the same, shall forfeit all and 

every such cask or casks of pot and pearl ashes, so shipped 

or shipping, and not branded in the manner herein before 

directed. And such inspector, or his deputy, shall and may inspector may 

seize and carry away and secure the same for trial, and re- foj*^iai. "*"^ 

quire necessary aid for that purpose, which it shall be the 

duty of every person so required to give on pain of forfeiting 

the sum of seven dollars for his refusal or neglect. And the Penalty on 

master or commander of any such vessel, who shall receive ,«] for receiT* 

on board any such cask or casks of pot or pearl ashes, not*J^^ ^^^ JJJl 

branded as aforesaid, shall forfeit the sum of twenty dollars ^\b«Bd2r**' 

for each cask so received. And if any master of any ship 

or vessel, or any of his secvants or seamen, shall obstruct or 

binder the said inspector in making such search, as aforesaid, 

every person so offendipg sbaU forfeit for each offence the 

sum of thirty dollars. 

Sect. 6. Be U fwrther tnacttdy That if any inspector Penalty on in- 
of pot or pearl ashes (according to the duties of this act) f^gordeiay- 
* shail, on application made for the examination of any pot or '"^ »"*p«*^o"- 
peart ashes aforesaid, unreasonably refuse, neglect or delay ^^^ ^ *'^ 
to proceed to such examination and inspection for the ^pace 
of three hours after such application so made to him, the in- 
spector so rowing, neglecting or delaying to make such 
examination or inspection, shell, for each offence forfeit the 
sum of three dollars. 

Sect. 7. Be it frniher enacted. That if any pers<»i shaU Penalty for 

false and fraud* 

brand any cask of pot or pearl ashes manufactured by him- uientbrandiog, 
self, with the UBxne of any other person than his own, or shall ^ib. § s.] 
brand any such ca$k manufactured by another person, with 
his own name ; or shall counterfeit any brand belonging to, or counterfcit- 
or proper to be used by the said inspector, or any of Us 
deputies, or shall inipress or brand any cask of pot pr pearl 
ashes with any brand or brands of such inspectprs, or with 
any counterfeaied as aforesaid, he shall forfeit and. pay for 
each ofience the sum of two hundred dollars. 
.§BCT. 8. Be it further (tnactedj That if any person shall 
Vol. II. 29 



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768 P<>T A^I^ PEARL ASHES. 

Ch. 151 . empty any cask or casks of pot or pearl adies, inspected and 
^■^"^'"^-' branded as by this act is required, and put in any other pot* 

Penalty for , , , ^ , • . . ^ . 

frauduieotiy and pearl ashes for sale or exportation, without first cutting 
teou of (^'t. out the »aid brand marks, the person or persons so offending 
[ft^f ^// shall for each cask, forfeit and pay the sum of two hundred 

dollars. 
Fines and for- Sect. 9. Be it further etMcUd, That all fines and for- 
i^l;^S«d.^ feitures mentioned in this act, above the sum of twenty dol- 
[R). § 8.] 'firs, and under sixty dollars, shall and may be sued for and 
recovered with costs, by any person to his own use : But if 
the sum shall amount to sixty dollars, or more, then one half 
to his own use, and the other half to the use of the State, 
and in both cases by action of debt in the Circuit Court of 
Common Pleas, in the county where the offence shall be 
committed, with liberty of appeal as in other civil actions. 
But if the forfeiture shall be twenty dollars or under, then it 
may be sued for by such action, for the use of the prosecu- 
tor, before a Justice of the Peace, with like liberty of appeal. 
And all casks of pot or pearl ashes, forfeited and seized as 
aforesaid, may be prosecuted to condemnation by the officer 
seising the same, by libel before the Circuit Court of Com- 
mon Pleas in the county where seizure shall be made, if 
above the value of twenty dollars, or before a Justice of the 
Peace, if under that sum, with liberty of appeal to the Su- 
preme Judicial Court or Circuit Court of Common Pleas, 
respectively, as the case may require, and after condemna- 
tion, the same shall be sold at public vendue, by such officer ; 
and after payment of all charges, one half of the remainder 
shall be by him paid into the Treasury, for the use of the 
State, and the other half be for the use of such officer. 
FeeBofiupec- Sect. 10. Be it farther enacted , That the inspector of 
tow and depu- ^ ^^ p^^j gj.j,Qg^ ^ jjjg jeputy, shall have and receive for 

rn>. 6 1.1 inspecting the same, the sum of seven cents for eveiy hun- 
dred weight so inspected, and also the further sum of eight 
cents for coopering and nailhig each cask and putting the 
same in shipping order, to be paid by the purchaser. 
Deputies* per Sbct. 11. Be U further enacted^ That the said inspec- 
mct^iimited. ^^^ ^^^ "^^ '" future, rcccivc from any deputy he has, or 
[lb. § 10.1 shall appoint, more than seven and an half per cent, on the 



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HOPJI. 769 

sum first above oaeDtioned, and no part of the sum allowed Ch. 152, 
for cooperage. v-^-><-^^ 

SjECT. 12.* Be it further enacted^ That it shall be the iiwpector gen- 
duty of the inspector of pot and pearl ashes annually in the ^oai i^u 
month of May to make a return of the number of casks of sute kfwKiy!^ 
pot and pearl ashes, specifying the number under each brand, ^j^f^^^®^ 
and the weight of each specific quality inspected by him or 
his deputies ; said returns to be made up to the first day of Jan. £0,1816.] 
May of each year, and to be transmitted to the office of the 
Secretary of this State, in the course of the same month. 
And the inspector of pot and pearl ashes shall require of his Hit depmiee 

J . , , , ^ ^ , . ^ . to make return 

deputies to make the returns to him necessary to carry mto to bim. 
effect the foregoing provision, 

Sect, 13. Be it further enacted^ That the Inspector in«pectori,fce. 
General and his deputies, legally appointed, and now in office, ^^/ooe untn! 
shall continue to hold and enjoy their respective offices, until ^^* 
others shall be appouited in their stead. [Approved March 
10, 1821.] 



Chapter tS9. 

An act to provide for the inspection of Hops for exportation. 

Sect. 1. OE i< enacted by the Senate and House of inspector of 
Representativee^ in Legislature assembledj That there shall be ^{^tSb^gov- 
an inspector of hops (a) for this State, who shall be appointed Mj^^g^t 
by the Governor, with advice of Council, who shall be re- J*^- ^» *®^* 
movable at pleasure, who shall give bond, with sufficient ipspector to 
sureties to the Treasurer of this State, in the penal sum of ^*^* 
three thousand dollars, for the faithful discharge of his duty, 
and shall be sworn faithfully to perform the same ; and such ^„j appoint 
inspector shall have power to appoint deputy inspectors, who f^j^^J^r^lj^ 
shall be removable by him at pleasure, for whose conduct he bond, 
shall be answerable, and from whom he may require sufficient 
bonds for the (iaithful discharge of their duty. 

Sect. 2. Be it further enactedy That it shall be the duty 

(a) The daty imposed apon the commiMion of the Inspector General of 
hops, by ch. 102, yoI. 1, p. 618, b abolkbed by eh. 417, to). 8, p. 264. 



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770 MOPS. 

Ch. 1S2. of the inspector or one of bis deputies to examine the con« 
^-^"^^^^-^ tents of every bac or pocket of hops, intended to be export- 
tors, ed, in such manner as to ascertain the quahty ol such hops, 

[lb. § 4.] and if found merchantable, as before prescribed, and that 
they are firmly packed, and have been so packed at least ten 
days previous to said examination ; and that the bags or 
to mark btigi pockets* are such as have been before prescribed ; he shall 
of hops, &o. distinguish the same by marking them in legible characters, 
with the words first sort, or second sort, or refuse, as their 
quality may be ; he shall add thereto the date of the year 
of which, in his opinion, they are the growth, together with 
the initials of his (the inspector's) christian, and the whole 
io«pector*t of his surname, and the word Maine ; for which inspecting, 
**■* marking, weighing and delivering an attested schedule of the 

same, he shall receive at the rate of ten cents for every hun- 
dred pounds weight so inspected, to be paid to him by the 
purchaser, exclusive of the charges of repacking, and mend- 
ing the bags or pockets, when necessary, which shall be paid 
by the vender of the hops ; and exclusive also of storage, 
should said hops be stored by said inspector more than thirty- 
days after being inspected. 
Quaiitvormer. Sect. 3. Be it further enacted^ That hops shall not be 
ta e ops. jggj^gj merchantable, unless they have been well picked, 
^ ' * '^ are free from stems and leaves, and dried on a kiln, with char- 
coal fire ; and the bags or pockets in which they are packed 
shall be made sufficiently strong to preserve the hops from 
damage, and of such a texture as will fairly receive the marks 
of the cultivator and inspector; and the bags or pockets 
shall be marked with the name of the cultivator and the town 
in which he lives. 
No hons to be Sect. 4. Be it Jurthtr enacted^ That hops shall not be 
jiinSwithwt shipped or exported from this State, except they are of the 
inspection. quality hereinafter mentioned, and have been duly inspected 
[lb. § 1.] and marked agreeably to the provisions of this act ; and that 
the hops so inspected shall be in square bags or pockets ; 
each bag to contain four hundred weight, and each pocket 
two hundred weight of merchantable hops, as near as may be. 
Maatenof ves. Sect. 5. Be it further enacted^ That no hops shall be 

Bcls to prodoco _- .ri 11 i» 

to collector, a exported from this State, unless the roaster or owner of the 



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HOPS. 771 

vessel, in which such hops are shipped, shall produce to the Ch. 15>2. 
Collector, or other officer authorized by the laws of the ^IT^^^^^^ 

' . /. I • ccrli6cate of 

United States to clear out vessels, a certificate of the inspec- inspeetion, he- 
tor or one of his deputies, for which he shall be allowed to 
charge twenty-five cents to be paid by the shipper, that the ^ ^ '^ 
same has been duly inspected, marked and* weighed, agreea- l»655i 
bly to the directions of this act ; which certificate shall ex- 
press the number of bags, or pockets of each sort of hops, 
with the weight of each bag or pocket ; and the master or 
owner of every vessel in which hops are so exported, shall, 
on producing such certificate, tdce and subscribe the follow- 
ing oath, viz : 

**lAo swear, (hat according to the best of my knowledge and belief the certifi- Oath of master 

oate herconto annexed contains the whole quantity of hope on board the , of or owner. 

which is master; and that there are no hops on board said ressel, for the 

use of the ship's company, on freight, or on cargo, but what have been inspected 
and marked according to the law of this State. iSfo help me God,** 

Sect. 6. Be it further enacted^ That if any person or penalties for 
persons shall export or ship for exportation out of this State, ^^'flS*****!* 
any hops not inspected and marked as by this act is directed, ©^ and mark- 
every such exporter or shipper, and the master of every ves- 
sel, having on board such uninspected hops, shell, on con- 
viction respectively forfeit and pay the sums following ; the 
owner or exporter shall pay the sura of twenty dollars ; the 
master of every vessel having the same on board, the sum of 
ten dollars, for every bag or pocket exported or shipped for 
exportation. And it shall be lawful for the inspector or any inspector may 
of his deputies, on information given of any hops being put S!^!)^is7f 
on board any vessels as aforesaid, not inspected and marked, "*>* inspected, 
as required by this act, to issue a warrant directed to the 
Sheriff or his deputy, or to a Constable, requiring them re- 
spectively to make a seizure of any such hops, not inspected 
and marked as aforesaid, and to secure the same, in order for 
trial ; and said officers are hereby respectively required and 
empowered to execute the same •, and it shall be the duty of 
any person, when requested, to give the necessary aid for that 
purpose on pain of forfeiting five dollars for his refusal : 
Provided always ^ That nothing in this act contained, shall proyiso for 
be construed to effect any hops shipped coastwise within this J^^^^^r 
State, for the purpose of being inspected and marked as »n»P«ction. 



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[lb. § 6.] 



772 HOPS. 

Ch. 152. aforesaid, in which case a certificate from the owaer shall 
^■'^^^^^^-^ accoropanj the same so shipped coastwise for the purpose 
[*656] aforesaid) setting forth the owner's name, the number of* 
bags, pockets or packages and the name of the inspector, to 
whom they are sent for inspection. 
PcimUy forMe- Sect. 7. Be it further enacted^ That if an inspector of 
aon.*'^ ""'^' hops> on application made to him to examine any hops, shall 
unnecessarily neglect or delay to examine, mark and weigh 
them, the inspector so neglecting or delaying shall for each 
offence forfeit and pay the sum of five dollars. 
Penalty for Sect. 8. Be it further enoctedy That if any person shall 
iSIJ^tor'i"*^ counterfeit or alter any mark, belonging to, or proper to be 
"*^*'* ' used by the inspector of hops, his djBputy or deputies ; or 
[lb. § 7.1 ghall mark any bag or pockets of bops with any letters or 
marks aforesaid, he shall forfeit the hops so marked and for 
each offence the sum of ten dollars. 
Pennity for Sect. 0. Be it further enacted y That if any person shall 
from"lneXg &^pij ^Y bag OT pocket of hops, marked as by this act is 
10 another, required, and put in any other hops, for sale or exportation, 
[lb. §8.] without first cutting out said marks, 'the person or persons 
so offending shall for each offence forfeit the sum of five 
dollars. 
For fraud in Sect. 10. Be it further enactedj That if the inspector 
d^pIaiCT!^**' " of hops, or any of his deputies, shall be guilty of any fraud 
[lb. § 10.] ^^ inspecting hops, contrary to the true intent and meaning of 
this act, or shall put their marks on any bag, pocket or pack- 
age of hops, which have not boetf actually examined, inspect- 
ed and found merchantable, be or they shall forfat and pay 
twenty dollars for each and every bag, pocket or pacb^e so 
falsely marked. 
For mixing, Sect. II. Be it further enacted^ That if any person shall 
intermix, take out or shift any hops firom any bag, or pocket 
[lb. § 11.] inspected and marked as by this act is required, or shall put 
in any other hops for sale or exportation, contrary to the true 
intention of this act, the person or persons so offending shall 
forfeit and pay twenty dollars for every such offence. 
Penalties how Sect. 12. Be it further enacted^ That all penalties and 
l^^^l^prjj^i^, forfeitures, arising in virtue of this act, shall be recoverable 
[lb. §12,] by action of debt .or information in any Court proper to try 



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MALT. 773 

the same; one moietj to the use of the town wherein the Ch. IBB. 
ofTence shall be committed, the other moiety to htm who shall ^■^^^^'^-^ 
sue for the same. 

Sect. 13.* Be it further $nacted^ That the inspector of injector Inti- 
hops shall be entitled to receive from his deputies one fifth ^^ o?biB"de- 
part of all the fees said deputies may receive in the execu- ^b*** 9^* 
tion of this act. 

Sect. 14. Be it further enacted^ That it shall be the lospector to 
duty of the inspector of hop?, annually m the month of May, reun^ to's^- 
to make a return into the office of the Secretary of .this State, HfSS^^^' 
of the whole number of bags marked by him, of the diflfer- ^^^ g^^ 
ent qualities, and the weight of each quality respectively, Jan.26,1816.] 
inspected by him or his deputies ; said returns to be made up Deputies of in- 
to the first day of May of each year. And the inspector of ^^"^.^^^ 
hops shall require of his deputies to make the returns to him to him. 
necessary U> darry into efifect this provision. 

Sect. 15. Be it further enacted. That the Inspector irwpectors now 
General and his deputies legally appointed and now in office, JhinMtc!^^" 
shall continue to hold and enjoy their respective offices, until 
others shall be iqppointed in their stead. [Approved Febru- 
ary 20, 1821.] 



Clwpter Iffa. 

AN ACT for the better making and measuring of Malt. 

Sect. 1. Be it enacted by the Senate and House 0/ Maitiobedri- 
Mepresentativesj in Legislature assembledy That no malster or ^ bSforS^tSd" 
malt maker shall deliver, vend or pass away any malt hj him ,^^^ ^^^ 
made or caused to be made, before the same be well dried and ^too, § 1.] 
cleansed by screening of it from the dust and taile wjbicb arises 
in the making, drying and ordering Qf i^ iq bis hands, on pain 
of forfeiting twenty cents per bushel for each bushel by hiyi 
delivered, sold or passed away, not being so cleansed and 
dried, upon conviction thereof before any Justice of the 
Peace, where the forfeiture shall not exceed the sum of five Penalty for 
dollars ; or if above, before the Circuit Court of Common "^^ *' 
Pleas holden within the county : one moiety of such forfeit- 



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774 MALT. 

Ch. 153. ure to be unto the use of the poor of the town where the of- 
^^^"-^'^^ fence is committed, and the other moiety to him or them that 
shall complain or inform and sue for the same. And such 
Court or Justice respectively, are hereby empowered, in ease 
[^0581 such maltster shall stand to justify that his malt is* well dried 
and cleansed as aforesaid, to nominate and appoint three or 
more credible, skilful persons to view and judge thereof upon 
their oaths ; and to administer an oath to them to be indiffer- 
Unciettnmd ^Qt and impartial therein. And no noalt made of barley shall 
diaiti^."**^* be accounted merchantable, but such as shall be well cleansed 
from the dust, oats, tares and cockle. And every person 
that shall offer and expose to sale any barley malt, for mer* 
chantable not being cleansed as aforesaid, shall forfeit and 
pay the sum of twenty cents a bushel, for each bushel so 
offered or exposed to sale, being thereof convicted in man- 
ner as is herein before provided, to be applied to the use 
before mentioned. 
Duty of mas- Sect. 2. Be it further enacted^ That every master of 
canTing^^i. any vcssel that shall receive on board his vessel any malt to 
[lb. § 2.] ^^ transported to a market, shall take effectual care, and make 
sufficient provision for the keeping of merchantable malt, 
separate and apart by itself, that it be not intermixt with 
what is unmerchantable, on pain of losing and forfeiting the 
value of all the freight to be paid for the malt so mixed ; to 
the use of the poor of the town where such malt shall be 
delivered, upon conviction thereof as aforesaid : and shall be 
further liable to make good to the shipper or owner of all such 
merchantable malt mixt as aforesaid, all loss and damage that 
he shall sustain thereby : to be recovered by action therefor 
to be brought in any Court proper to try the same. 
Modeofmeas- Sect. 3. Be it further enacted y That in the measuring 
*"*"^* of mak the strike shall be carried softly and sawing, any law, 

(lb, § 8.] ygggg ^^ custom to the contrary notwithstanding. [Approved 
February 28, 1621.] 



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TOBACCO AND ONIONS. 775 

Chapter 104. Ch. 154. 

AN ACT for regulating tbt exportation of Tobacco and the weight of Oniont in 



Sect. 1. xSE it enacted by the Senate and Hoxise of logpecton of 
Representatives in Legislature assembled^ That the Governor, l^^iJ^^d** fc 
by and with the advice of Council, be, and is hereby empow- ^^ governor, 
ered to appoint, in such seaport and other exporting towns 
within* this State, as there shall be occasion, one or more [•659] 
skilful and disinterested person or persons to be inspectors 
of tobacco that shall be exported from tliis State, who shall To be iwom. 
be sworn to the due and impartial execution of their trust ; r^^^^ gi^i. 
and their duty shall be to inspect all tobacco that shall be ^^' ®» ^'^^ 
intended to be laden on board of any vessel for foreign ex- 
portation, or that shall be intended to be transported by land 
or water, to either of the United States ; and every such Their dntiee 
inspector is hereby required and authorized, to open the cask * pow^re, 
containing the said commodity, intended to be exported as 
aforesaid, and inspect it in four equal divisions ; that is to 
say, they shall take the casks from the tobacco, and with an 
iron bar, or other instrument, lift one quarter, and then go 
through the whole, until it shall be examined in four different 
parts, and see that it be properly dry, well cured, not rotten 
or damaged, and of the weight and packed in such casks as 
are herein after mentioned ; and such part as appears to be 
damaged, or rotten, or unfit for exportation, shall be burned ; 
and on every cask containing the said quantity, which by 
such inspection, shall, according to the inspector's best judg- 
ment, appear to be well cured, and not rotten or damaged as 
aforesaid, he shall mark or impress with a burning iron the Tomarkcaiki, 
letters A. P. with the name of the town, where it shall be •"** *"'^* 
thus approved, the name of said inspector at large, and the 
letter I. at the end thereof denoting that the same has been 
inspected and approved. 

Sect. 2. Be it further enacted^ That no tobacco shall i^o tobaceo to 
be shipped or exported from this State, but such only as shall ^jj^lj^* 
have been inspected, and found to be well ciu'ed, and fit for 
foreign markets and packed in strait casks ; said casks shall size and quai- 
be four feet four inches in length, and two feet seven inches JSif^SJ'*"*' 
diameter at the head, containing not less than nine hundred, [lb. § i.] 
Vol. ii. 30 



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776 TOBACCO AND ONIONS. 

Ch. 154. aod not more than fourteen hundred pounds weight each; or 

^^^^>^^^>^ if packed in half casks to contain not less than four hundred, 

nor more than six hundred pounds weight in each, unless 

such casks of tobacco shall appear to have been inspected 

and marked agreeably to the laws of some other State. 

Penalty for Sect. 3. Be it jurtlur enacted^ That if the owner of 

oe^viSff any to^ ^"7 tobacco, or any other person employed by him, shall 

bacco on board presume to lade or put on board any vessel bound to any 

bound out of port wilhout* the State, any tobacco other than such as shall 

this State, un- , , i « • <■ • i • i 

less duly in- havc been approved by an mspector and contamed m casks 
ST&c* °^ ' not having the aforesaid marks, stamps or brands ; or if any 
rniTS.^^ master of a ship or other vessel, or other officer or mariner 
shall receive on board any such, the offender or offenders 
shall incur the penalty of thirty dollars for each cask of to- 
bacco, to be sued for and recovered in any Court of Record 
Tobacco to be within this State proper to try the same ; and all such tobac- 
forfeited, &c. co laden or received on board as aforesaid, shall be forfeited. 
Justice may ia- And it shall be lawful for any Justice of the Peace, upon 
•efxTand^hold information given of any tobacco, put on board any such ship 
it for trial. q^ other vessel as aforesaid, not duly marked or branded, to 
issue his warrant, directed to the Sheriff, his deputy, or a 
Constable, requiring them respectively to make seizure of 
any such tobacco, shipped and not marked as aforesaid, and 
to secure the same in order for trial ; and such officers are 
hereby respectively directed and empowered to execute the 
same. 
Penalty for Sect. 4. Bt it further enacted^ That if after any cask 
tento of c^, containing tobacco shall have been stamped with the inspec- 
totecro'not^n^ ^^^'^ marks, stamps or brands as aforesaid, any cooper or 
spected. other person shall presume to shift the contents of such casks, 

[lb. § 6.] and put therein any tobacco that hath not been duly inspected 
as aforesaid, such cooper or other person so offending, shall 
forfeit and pay the sum of fifteen dollars for every cask of 
tobacco to be recovered in manner as aforesaid. 
Piwakyon in- Sect. 5. Be it further enacted, That in case any inspec- 
JSt^f^T^* *^^ appointed and sworn as aforesaid, shall be guilty of any 
insproting or neglect Or fraud, in inspecting any tobacco contrary to the 
true intent and meaning of this act, or shall mark with their 
^ ^ respective brands or stamps any cask containing tobaccoj 



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TOBACCO AND ONIONS. T77 

which they have not actually and thorou^ly inspected, and Ch. 154. 
which may be intended for esporution out of this State, he v^-^v^^ 
or they shall forfeit and pay the sum of fifteen ddlars for 
every such neglect, or for eyery cask so falsely marked, to 
be recovered as aforesaid. 

Sect. 6. Be it further enactedy That if any person or Penalty on per- 
persons, not appointed and sworn as aforesaid, shall presume pointed, for 
to mark or brand my casks . of tobacco as above described, t^n^dTog ^ 
he shall incur the above said penalty of fifteen dollars for ^^'l g^' 
every* cask so marked or branded, to be recovered as [•6611 
aforesaid. 

Sect. 7. Be it further enactedj That each cask before Each eafk to 
any tobacco be packed therein, shall be weighed by the wei|^? ma^k- 
owner of such tobacco, who shall with a marking iron, mark ^ 
on one of the heads thereof the full weight of the cask, and (^* ^ '*! 
the initial letters of his name : and in case he shall falsely 
mark the same, such owner upon conviction thereof shall Penalty for 
forfeit and pay the sum of nine doUars for each cask so false- °^ '***' 
ly marked. 

Sect. 8. Beit further enacted. That the respective in- inspactor'f 
specters shall be paid for every cask of tobacco they shall 
inspeet and prove as before directed, twenty cents, provided 
the number doth not exceed four, and twelve cents for each 
cask exceecKng that number ; inspector's fees to be exclusive 
of cooperage and to be paid by the shippers. 

Sect. 9. Be it further enacted. That no vessel on board Nov^seihaT- 

> 1 1 11 1 1 * 1 i* . »"? tobacco on 

which any tobacco m casks shall be shipped for exportation, board for ex- 
shall be cleared out by the custom house officer, until the ^red out, 
master or owner shall have produced a certificate or certifi- TcSeoii^pec-- 
cates, from an inspector or prover, appointed and sworn as ^<*°* 
aforesaid, that said articles have been by him inspected and [lb. $ ii.l 
proved as this act directs ; which certificates shall be granted 
free from any expense. 

Sect. 10. Be it further enacted. That all penalties and Appropriation 

•^ , , ^ of penalties. 

forfeitures arising by force and virtue of this act, shall be one 
moiety thereof to the use of this State and the other moiety 
to him or them who shall inform and sue for the same. 

Sect. 11. Be it further enacted. That no onions in Weight of o». 
bunches shall be shipped or exported out of this State, unless uUom*^ ^^' 



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778 FI'AX bred. 

Ch. 155. they weigh as follows, viz: rareripes (so called) two and 
^-^""""^^ half pounds, and onions from the seed, three and half pounds, 

[lb. $ 18.] 

per bunch. 
Seieetmen to Sect. 12. Be it fwrthtr tnocted, That the Selectmen of 
So? onloM^ each town where such onions shall be shipped, are hereby 
rib & 14 1 authorized and dhrected to appoint some suitable person or 
persons to weigh the same and give certificates of the weight; 
to be sworn : which pcrson or persons so appointed shall be sworn to the 
faithful performance of his or their duty, and shall receive as 
thoir dmie* fees, ten cents for every hundred bunches so weighed and 
certified, for any quantity not exceeding five hundred bunches, 
[*662] and* five cents for a greater quantity ; said fees to be paid by 
the purchaser. 
Penalty for Sect. 13. Bt it fufihtr cnotUd^ That if any person or 

onbn? In ^^ pcrsons shall presume to expose for sale within this State, 
wS*^*"anT ®"y onions in bunches, without first havmg them weighed as 
cerufied. aforesaid, and having obtained a certificate of the same, ac- 
Ib.$i5.] cording to the true intent and meaning of this act, he shall 
forfeit the same ; one moiety thereof to and for the use of 
the poor of the town where they may be exposed to sale, 
the other moiety to him or them who shall inform of the 
How recover- Same ; and the Selectmen of such town, or the major part of 
and applied. ^^^^ ^^^ hereby authorized and empowered to seize the 
same, and sell them at public auction, and to account with 
the Overseers of the poor of such towns for the net pro- 
ceeds of one moiety thereof, and the other to said infor- 
mant. [Approved February 24, 1821.] 



Governor to 



Chapter 133. 

AN ACT regulating the ExporUtion of Flax Seed. 

Sect. 1. Ke it enacted by the Senate and House of 
vwM^nflix ^P^^^^n^^ii^^^y *» Legislature assembled^ That the Governor 
••«'• by and with the advice and consent of the Council, be and 

rMaw. sut. is hereby empowered to appoint, in such seaport towns with- 
§ i.j ' ' in this State as there shall be occasion, one or more skilful 



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FLAX SEED. 779 

and disinterested person or persons to be survejors, for tbe Ch. 155. 
surveying and proving flax seed, who shall be sworn to the v-»^>^^^^ 
due and impartial execution of their trust: and their duty Their doty and 
shall be to inspect and survey all flax seed that shall be in- ^^^' 
tended to be laden on board of any vessel for foreign expor- 
tation ; and every such surveyor is hereby authorized to open 
the casks containing the said commodity, intended to be ex- 
ported as aforesaid, and if need be, measure and shift the 
same into other casks so as thoroughly to examine the whole, 
and see that it be clear from mixture of wild or other seed 
or dirt, and of the measure hereafter mentioned. And every 
cask containing the said quantity which by such survey and 
examination shall according to the surveyor's best judgment 
appear to be cleansed as aforesaid he shall* mark or imprint [•66d] 
with a burning iron, the following mark or letters, '^Insp." How they are 
with the name of the town where it shall be thus approved, ^ '^^^ ***^ 
the name of the said surveyor at large, and the letter S. at 
the end thereof, denoting that the same has been surveyed 
and approved. 

Sect. 2. Be U further etMCted^ That no flax seed shall be no flaxseed to 
shipped or exported out of this State, to any foreign port or fo^im "^^ti* 
place without the United States, but such as shall have been ^'^ in^mst- 
surveyed and found to be well cleansed, and in good order 
and in casks, each cask containmg seven bushels and one 
peck, or in casks containing one half the^said quantity each. 

Sect. 3. Be it further enacted^ That no vessel on board No vessel to be 
of which any cask of flax seed is shipped for exportation, a'^oHrtie^^ 
shall be cleared out by the Collector, until the master or jj^;^" " 
owner thereof shall have produced a certificate or certificates „ 
from some person or persons duly appointed for the purpose 
of surveying the said articles, that the same have been sur- 
veyed as by this act is required ; which certificate or certifi- 
cates shall be granted free from any expense. 

Sect. 4. Be it further enacted. That if the owner of Penalty on 
any flax seed or other person employed by him shall presume S^SforpwiSg 
to lade or put on board any vessel any flax seed other than [^"n^^J^^ 
such as shall have been approved by a surveyor as in this act mamttx for re- 

• 11 •!• i- t . f 1 ceiving it, un- 

provided ; or if any master of a ship or other vessel or other less inspected 

ofiicer or mariner shall receive on board any such, the oflfend- [ft. fS!]*^ 



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780 FLAX SEED. 

Ch. 155. er or offenders shall incur the penalty of twenty dollars (or 
'•^^^^^'^^ each bushel so shipped j to be sued for and recoyered in any 
Court of Record within this State proper to try the same ; 
Such flax seed and all such flax seed, (laded or received on board as afore> 
to be forfeited, ^j jj ^^^ ^ forfeited. And it shall be lawful for any Jus- 
Jostice inay 18- ticc of the Peacc, upon information given of any flax seed, 
rant forseizTng put on board any such ship or other vessel as aforesaid, not 
«u«h flax teed, n^jj^ked as aforesaid, to issue bis warrant, directed to the 
Sheriff or bis deputy or Constable, requiring them respec- 
tively to make seizure of any such flax seed, shipped and not 
marked as aforesaid, and to secure the same in order for trial ; 
[♦664] and such officers* are hereby respectively empowered and 
required to execute the same. 
Pmialty for Sect. 5. Be it further enacted^ That if, after any cask 

tents^ <»sk8. or Other vessel containing flax seed shall have been approved 
H). § 6.1 ^^^ stamped with the surveyor's marks, stamps, or brands, 
any cooper or other person shall presume to shift the con- 
tents of such cask or other vessel, and to put therein any flax 
seed, that has not been duly surveyed and approved as afore- 
said, such cooper or other person offending therein, shall 
forfeit and pay the sum of thirty dollars for every cask so 
shifted, to be recovered in manner as aforesaid. 
Fenaltyonsur- Sect. 6. Bt it further enacted^ That in ci^e any sor- 
iwtor fraJdfn ^^7^' appointed and sworn as aforesaid, shall be guiky of any 
«»^«?»"g» neglect or fraud in surveying any flax seed, contrary to the 
true intent and meaninj^ of this act, or shall mark with their 
respective brands, stamps or marks, any cask containing flax 
seed which they had not actually and thoroughly surveyed, 
and which may be intended for exportation out of this State, 
he or they shall forfeit and pay the sum of thirty doHers for 
every such neglect, or for every cask falsely marked, to be 
recovered as aforesaid. 
Fenaities how Sect. 7. Be it further enacted, That penalties and for- 
^^ * * feitures arising by force and virtue of this act, shall be one 

[lb. § 18.1 half to the use of the State and the other half to him or tliem 
who shall inform and sue for the same. [Approved, March 
8, 1821.] 



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LIME, kc. 781 

Ohaptcr 1S6. Ch. 156. 

AN ACT to regobte the manufacture and inflpection of Stone Lime and Lime 

Casks. 

Sect. 1. Be i< enacted by the Senate and House o/ Quality of lime 
Representatives^ in Legislature assembled, 1 hat no stone lime quality of lime 
manufactured within this State, shall be sold or exposed to ^o be sold or 
sale, or shipped on board of any vessel, in casks, but such '^^P^- 
only as is well burnt and pure, and contained in good and 
sufficient new casks, made of sound and thoroughly seasoned 
staves and heading ; with at least twelve (a) good and strong 
hoops on each cask, well driven and secured with nails or 
pins and duly* inspected : the staves of said casks, to be [*665] 
made of riftf timber and not less than thirty-two inches in [t" <>r mkwed 
length, and if they be hard wood, to be not less than one act pamed 
half of an inch thick, on the thinnest edge, and if they be ^i.]' ' ' 
soft wood, to be not less than five eighths of an inch thick on 
the thinnest edge ; and each of the heads to be not less than 
three-fourths of an inch thick and well crozed in ; and each 
hoop to be not less than one inch wide in the narrowest part ; 
and each cask to be not less than twenty-eight inches in length 
between the heads ; and each head thereof to be not less 
than eighteen and one half inches in diameter within the 
chime ; and each cask to have a good and sufficient bilge, 
and to contain not less than forty gallons, and to be made in 
a workmanlike manner to bold lime. 

Sect. 2. Be U further enacted, That each lime cask Each ca«k to 
shall be branded on the outside at the bilge with the first let- ^^*^*^ 
ter of the christian name, and the first letter of the surname 
of the manufacturer or original vender thereof; and every Penalty for seU 
such manufacturer or vender who shall seH any lime casks, hSidoS."****^ 
other than such as are so branded, shall forfeit and pay the 

(a) It w provided by aet passed March 4, 18SS, 9 2*, as follows : — 
*' That no lime shall be sold or exposed to sale or shipped on board of any 
vessel, io casks, unless sard ea.^, each of them, have at least ten hoops, 
well driven with nails or pins, and dniy inspected, with staves not less than 
thirty inches long ; and said casks shall not be less than twenty-seven and a 
half inches in length between the heads, and seventeen inches in width be- 
tween the chimes, and capable to contain at least thirty-three gallons eaoh." 
It is provided by § 6 of same act that <« all acts incoDsisteBl with tb« pro* 
visions of this act, be and the same hereby are repealed.** 



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782 UME, kc. 

Ch. 156. sum of fortj cents for every cask by him sold without being 

^"^"''"^^ thus branded (b) . 

Penalty for not Sect. S. Be it further enactedj That all such casks of 

cask'^biwied lime shall be branded, on one head thereof at the kiln where 

t£j*k^n*!*^ ** the same shall be burnt, with the first letter of the christian 

name, and the surname at length, of the manufacturer or 

owner thereof; and such manufacturer or owner shall forfeit 

and pay the sum of fifty cents for every cask of lime, which 

shall not be thus branded at the time it shall be filled at the 

kiln as aforesaid. * 

Three inflpec- Sect. 4. Beit further enacted^ That there shall be three 

pointed by tCe inspectors of stone lime and lime casks, one for and to reside 

Tb^ton,** ^° ^^^^ of ^^^ *ow"3 of Thomaston, Camden and Warren (c) ; 

c^^iSr' ***** ®^^^ ^^ ^^ appointed by the Governor, with the advice and 

HtfaM. Stat, consent of the Council and to be by them removable at 

§ 2,6, 9.] ' pleasure; and each of said inspectors shall, before he enters 

Mii^ve'^nd "PO" ^^^ duties of his office, be sworn faithfully to perform 

to the State ^jjg game, and shall give bonds, with sufficient sureties to the 



Treasurer of the State for the faithful performance thereof, 
[♦•66] in the sums following, to wit : The inspector in and for* the 
town of Thomaston, in the sum of two thousand dollars ; 
the inspector in and for the town of Camden, in the sum of 
one thousand dollars ; and the inspector in and for the town 

{b) It is provided by act passed March 4, 1888, § 4, as follows : — 

** That each lime cask shall be branded on the oatside at the bilge with 
the first letter of the christian name, and with the whole of the samame of the 
manufacturer thereof. And every sach mannfacturer or any other penon, 
who shall sell or offer or expose in market for salo any lime casks, not brand- 
ed as aforesaid, shall forfeit for every snch cask, so sold or oflTered or ex- 
posed for sale, the som of forty cents, to be roeovered by action of debt, to 
the nse of the person who may sne therefor.'* 

And by § 6 of the same act, it is provided, that ** the second sectwn of aa 
act, passed the fiAeenth day of March one thousand eight hundred and thirty^ 
one, and all other acts and parts of acts, inconsistent with the provisions of 
this act, be and the same hereby are repealed.** 

It is believed that the foregoing clause of repeal was intended for $ 2 of 
the above act of twenty-one, instead of thirty^one, as there is no act of tho 
latter date. 

{e) Also for the towns of Hope, oh. 288, vol. 8, p. 68 ; Lincolnville, ch. 
805, vol. 8, p. 145, act passed March 4, 1888, § 5 ; Belfkst, Northport, 
Islesborongh, and Prospect, eh. 488, vol. 8, p. 281. 



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LIMB, Ite. 783 

of Warren, in the sum of one tbousand dollars; each of Ch. 160. 
which bonds shall be approved by the Court of Sessions in ^-^"v-^-^ 
and for the county of Lincoln ; and each of said inspectors, Each impector 
when so qualified, shall have power to appoint in and for the Si^J*°*"^ ***" 
town in which he resides, as many deputy inspectors as he 
shall judge necessary, for whose faithful conduct in the dis- 
charge of the duties of their respective offices, the inspector 
appointing them, shall be answerable ; and shall take a bond 
from each of them to himself in the sum of five hundred 
dollars ; and said deputies shall severally be sworn to the who ihali u 
faithful discharge of their duty before they shall enter upon 
the same. And the Selectmen of each town within this Selectmen of 
State in which stone lime is manufactured, except the towns Se^utTnuIy 
of Thomaston, Camden, and Warren, shall appoint one or "pp®*"^ "- 

' ' ^ / . . ipectoTi to be 

more inspectors of stone lime and lime caks within and for tworn and giv* 
such town, to be by them removable at pleasure, upon mis- 
behaviour in said office ; and each inspector thus appointed 
by the Selectmen, shall, before he enters upon the duties of 
his office, be sworn faithfully (o perform the same and shall 
give bonds, with sufficient sureties to the Treasurer of such 
town, in the sum of five hundred dollars, conditioned for the 
faithful performance of the duties of his office. 

Sect. 5. Be it further enacted^ That it shall be the duty Doty oriiwpae* 
of each of the inspectors, appointed by the Governor and Jj^, ***" 
Council by virtue of this act, either by himself or his deputy 5 rn, § a.t 
and of the several inspectors appointed by the Selectmen of 
towns as aforesaid, to inspect all stone lime, which shall be 
manufactured within the town wherein such inspector or in- 
spectors reside, at the time the same shall be filled into casks, 
at the kib where it is burnt ; and to inspect the casks into 
which the same shall be put ; and to see that the said lime 
and casks do, in all respects, conform to the provisions of 
this act, and that the casks are well filled with such lime ; 
and to brand each cask, when so filled, on one head thereof, 
with the name of the town where said lime was burnt and the 
first letter of the christian name, and the surname aC length 
of* the inspector or deputy inspector who inspected the same, \*W7\ 
with the word Inspected ; and if any such inspector or penalty ibr 
deputy inspector, shall so brand any lime cask, the contents n««^*« 

Vol. II. 31 



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784 LIME. &e. 

Cif« 156. of which he has not inspected, or shall brand any such cask 
^'^"•''^^^ as aforesaid which, or the contents wherein, do not in all re- 
spects conform to the true intent and meaning of this act, or 
shall permit any other person or persons to use his brands in 
violation or evasion thereof, every such inspector or deputy 
inspector, so ofiending, shall forfeit and pay the sura of one 
dollar and fifty cents for every cask thus illegally branded by 
Liable abo to him or with his brands ; and shall also be liable to pay all 
party^^iJ^ damages which any person may have sustained by reason of 
such neglect or misdoings ; to be recovered by such person 
by an action of the case in any Court proper to try the same ; 
which action, if the damages sustained be by reason of the 
neglect or misdoings of any deputy may be brought either 
against such deputy or against the inspector who shall have 
appointed him. 

[Sect. 6, repealed by new enactment; see ch. 89S» toI. 8, p. 247. 
It prescribed the compensation of Inspectors.] 

Penalty for sei- Sect. 7. Be it further enactcd, That if any person shall 
lime* in%i^r ^®^^ ^' expose to Sale or ship, or receive on board of any 

caskstbansuch yessel, in casks, any lime other than such as shall be con- 
as are allowed . . 
by this act. tained in casks made as aforesaid, and having the aforesaid 

lib. i 7] marks or brands of an inspector or deputy inspector as re- 
quired by this act respectively, the offender or offenders shall 
incur the penalty of one dollar and -fifty cents for each cask 
of lime so illegally sold or offered for sale, or shipped or 
received on board any vessel (d). 
Penalty for Sect. 8. Be it further enacted^ That if after any cask 
tents of brand. OT casks Containing lime, shall have been branded as required 
fiiud^nt'd^ by this act, any person shall presume to ship the contents of 
[it° ^ 8 1 ^^^ ^^^ ^^ casks, and put therein any other lime with a de- 
[*668i sign* to sell the same, such person so offending shall forfeit 
and pay the sum of one dollar and fifty cents for ev^ cask 
of lime so shifted. 

{d) It is provided by § 3, of act passed March 4, 1833, as follows : — 
**That if any person or persons shall by land or water, introduce into any 
town, plantation or city of this State, any cask or casks, parporting to b« 
lime casks, net being filled witb lime, bat having tbereon any mark or brand, 
Tuoeffaced, of any inspaotor of stona lime or lime cat ks, tbe person or pertoos. 
80 ofiendin^ shall ferfeit one dollar for each and every cask so introdaced, to 
be recovered by action of debt, one half to the see of the State and the oth- 
er half to the penon vrho may eae therefl^r. 



Digitized by VjOOQIC 



LIME, ac. 705 

Sect. 9. Be U furtl\er enacted^ That all penalties and Ch. 1M, 
forfeitures incurred by virtue of this act shall be recovered ^ ^^y^ 

P«Baltief, how 

by action of debt by and for the use of any person or persons r«co?er«d, kc. 
vi^bo shall sue therefor, and in any Court competent to try 
the same. 

Sect. 10. Be it. further enactedy That when any judg- Anjr pcr«>n 
ment shall be recovered against any such inspector or deputy S^"fad^n«nt 
inspector for damages or penalties or forfeitures on account f<»'^«»^i»««or 
of any neglect or misdoings in his said office, and the execu- agaiwt any in- 
tion which shall have issued thereon shall be returned unsat- puty, may m 
isfied, and the said judgment still remaining in full force, the ntuneoftheoL 
judgment creditor shall be entitled to a certified copy of such '*«^»*®- 
inspector or deputy inspector's bond, and shall liave a right 
to commence and prosecute to final judgment, and for his 
own benefit, an action thereon, in the name of the legal 
obligee in such bond, the writ being first endorsed by the 
party for whose benefit the suit is brought, or his agent or 
attorney, which endorser shall be answerable for all costs ; 
and judgment when for the defendant, shall accordingly be 
rendered against the party for whose benefit said action was 
brought. 

Sect. 11. Beit further enacted y That when judgment porm of exA- 
18 rendered on any bond as aforesaid, execution shall be ^"J^io"^^ 
awarded for the sum found due to the party for whose benefit "action, 
said action was brought, and being part of the penalty for* 
feited. And any execution which shall issue on said judg- 
ment shall express therein the name of the party for the use 
and benefit of whom the same was awarded ; and if the exe- y^^^ j^j^ 
cution shall be levied on any personal or real estate of the ^ «""" *^^ 
debtor, such levy shall enure to such party for his sole use croditor. 
and benefit, to every intent and purpose. 

Sect. 12. Be it further enacted ^ That this act shall have WheDandbow 
effect and be in force from and after the first day of June ^^u. ^ 
next, when all laws now in force relating to the subject of 
this act shall be repealed and cease to have effect : Provided^ 
That any inspector or deputy inspector to be appointed by 
virtue of this act may be appointed and qualified in pursu- 
ance^ of the same at any time from and afier the passage [•M91 
thereof. And that nothing in this act contained shall in any 



Digitized by VjOOQIC 



786 NAILS. 

Ch. 157. manner affect any contract or agreement which may have been 

^-^"""^^^ or shall be entered into prior to the fifteenth day of March 

contractfmade current by Writing under seal for the sale and delivery of lime 

fiareh, 1S21, in casks containing fifty gallons each, at any place out of this 

S^SrtS!^^ State, subsequent to the said first day of June; and it shall 

be lawful for any person in pursuance of such contract or 

agreement to ship, and for the master of any vessel to receive 

on board lime, contained in casks of fifty gallons, after the 

said first day of June, the same having been first inspected 

and branded according to the laws in force in this State at the 

time of entering into such contract or agreement ; and any 

inspector or deputy inspector, who shall be appointed by 

virtue of this act, is hereby authorized and empowered to 

inspect and brand the same according to the laws now ia 

force. [Approved March 16, 1821.] 

Additional Act, ch. 238, Vol. 3» p. G8. 



Chapter tS7. 

AN ACT to regulate the Manufacture of Nailf witbin this State. 

Gotenior to Sect. 1. xSE U enacted by the Senate and House of 
•pStorofnaib' Representatives^ in Legislature assembled, That the Governor 
[Maee Stot. ^7 ^"^ ^^^^ ^^^ advice and consent of the Council, be, and 
Feb 28, 1800, he hereby is empowered to appoint one suitable person to be 
Uia duty, inspector of nails ; whose duty it shall be to examine every 
cask of wrought nails which shall be brought to him for in- 
spection, by opening such cask, turning out the nails, con- 
tained therein, weighing them, and ascertaining the number 
of thqm necessary to make a pound, their quality (both as it 
respects the workmanship of them, and the iron of which 
they are made) and shall then proceed and make, mark or 
brand on the head of such cask, the number thereof, the 
whole weight of the cask and nails, the weight of the cask 
only, or the tare, the number of nails necessary to make a 
pound, and also the quality thereof, to wit; first sort, second 
sort, and third sort, or refuse ; and shall also thereupon stamp 
his name at large, and the title of his office. 



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NAiLa. 787 

Sect. 2.* Be it further enacted. That the inspector to Cu. 167. 
be appointed as aforesaid, be and hereby is authorized to ^-^"v^^^ 
appoint, within any town in this State, from which nails are appoint hi« de- 
usually exported ; a deputy or deputies, who are hereby au- ^ [*670] 
thorized and empowered to do and perform all the duties ^^^' ^ ^'^ 
incumbent on the said inspector by law, in their respective 
towns ; and the said inspector and his deputies shall severally iMpector and 
give bonds to the State with sufficient sureties, in the opinion gtSTbondlwHl 
of the Governor and Council, and in such sum as they may ^^^ ""**^ 
direct, and shall also be under oath, for the faithful discharge 
of the duties of their ofBce, previous to their entering on the 
duties thereof, and the bonds so given shall be lodged in the 
public treasury. 

Sect. 3. Be it further enacted. That this act shall not Carfu which 
constrain the inspector to mark or brand the head of any be*br«Sded. ^ 
cask, containing any nails, thirty-five whereof shall weigh rib *2.i 
more than one pound ; but beginning at thirty-five, it shall be 
bis duty to observe five as the progressing number, in the 
number of nails necessary to weigh a pound, in any cask 
which he shall be required to inspect ; always choosing and 
marking such progressive number as aforesaid, to which the 
number of nails in a pound nearest approaches. 

Sect. 4. Be it further enacted, That the inspector shall intpector to 
give a certificate or weight note, expressing the number of or^numberl*'* 
the cask, the whole weight, the weight of tare, and the num- rSi^*^^^\ 
ber of nails in a pound, agreeable to his marks of inspection, J*;*"- ^» isos, 
with the quality of the nails in said casks ; and that all Wrought naih 
wrought nails shall hereafter be sold by the pound or by real {Je pound, or 
thousands, delivering and receiving so many pounds for a ^^J^^ ^®"' 
thousand as will produce ten net hundreds, agreeable to the 
marks of inspection ; and all nail casks shall be made of sea- 
soned timber. 

Sect. 6. Be it further enacted, That it shall be the duty ca«kf, how to 
of said inspector and his deputies respectively, to see that h^^ and"** 
every cask containing such nails, shall be well made, of suffi- •««of **>««>• 
cient strength, and well lined at both heads ; the cask to be [Mim. Stat. 

J . t . , , , , . Feb. 29, 1800, 

secured with eight or more good hoops, and to contam not §6.] 
more than three hundred and fifty pounds of nails. And in Datyofioflpee- 
case any such cask, shall (in the opinion of such inspector easks. 



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788 NAILS. 



C*671J 



Ch. 157. or deputy) be unfit for use, it shall be by bim condemned ; 
and* if any hoops be wanting to complete the number bdbro 
mentioned, on any cask otherwise fit for use, be shall put on 
the same, at the expense of the person applying for inspec- 
tion as aforesaid. 
Penalty for ex- Sect. 6. Be it further enacted y That no person shall 
S^h^sut/raib export from this State, by land or water, any cask, package 
iind *mwpked^ °' quantity of nails, which shall not be inspected, marked 
^^' and branded as aforesaid ; as of the first or second or third 

[lb. § 4.] sort, upon the pain of forfeiting a sum equal to the value of 
How recover- each cask, package or quantity so exported ; to be sued for 
^' and recovered by action of debt, in any Court proper to try 

the same ; one half to the use of the prosecutor, and tbe 
other half to the use of such town, from whence they may 
Like penalty be exported : and the like penalty may be in like manner and 
^j,^*^lj|^iy^' to like uses prosecuted for, against, and recovered of any 
Ittfboard ""'^ master of any vessel which shall receive on Board for expor- 
tation ; or any waggoner who shall export as aforesaid, any 
such nails not inspected, marked and branded as aforesaid* 
Naib made in Sect. 7. Be it further enacted^ That any package or 
*n5** brought** c^sk of wrought nails, manufactured in this State, or in any 
tSbewidhere* Other of the United States, which shall be brought into this 
or put on board State for Sale, and shall be put on board any vessel, waggon, 
«xportation or carriage for transportation, or conveyance by land or 
iintn inspected Water, from this State, or shall be offered for sale in any 
»nd branded, g^^^^^ street or elscwhcre, without being first inspected and 
Justice may is- branded, agreeable to this act, shall be forfeited. And it 
rent to scUe shall be lawful for any Justice of Peace, on information given 
stKh nails for ^j. ^^^ ^^^j^ ^^jj^ ^^^ inspected and marked as aforesaid, to 
,w e issue his warrant, directed to the Sheriff or his deputy, or 

[Mass. Stat. ' . . r « 

Mar. 4, 1808, Constable requinng them respectively, to make seizure of all 

such nails, not marked, and to secure the same in order for 

trial ; and such officers are hereby respectively empowered 

and required to execute the same. 

Peoaky for in- Sect. 8. Bt it further enacted. That if the said inspec- 

JEtil^^ to"1Sl tor or any of his deputies, shall, on application made for the 

[M^.*stat. inspection of any cask or casks of naik as aforesaid unrea^ 

*'«b.2«,i8W, sonaUy delay to make such inspection, he shall forfeit and 



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NAILS. 769 

pay fer each offisnce, the sum of four dollars, to be recover- Ch. 167. 
ed and applied as the forfeiture herein before mentioned. v-^^-v^w/ 

Sect. 9.* Be it further enacUdy That ifany person shall Penalty lor 
counterfeit any brand used, or intended to be used for the ^^ "**' 
purposes aforesaid, or shall brand, mark or impress any cask ^n, §8.j 
of naib with any such brand or counterfeit thereof; or put or putting oth- 
into any cask inspected and branded as aforesaid, any other ^tJUd'^u* 
nails than those contained therein, when the same shall have "^ >«««>* ^ 
been so inspected, with intent to sell or export any such 
nails, so put in as aforesaid, he shall for each cask, into which 
nails, shall be so put, forfeit and pay the sum of twenty dol- 
lars to be recovered and applied as the foregoing forfeitures * 
herein mentioned, are directed to be recovered and applied. 

Sect. 10. Be it further enactedy That cut nails and cm naiii and 
brads of all sizes, shall be packed in good, strong and suffi- ^^ kSTand 
cient casks, made of seasoned timber, and well hooped ; and *>ra*><l«d. 
shall not contain more than three hundred net pounds in a l^»»' Stat. 
cask ; the nails and brads to be well made, and packed, free § f j ' ' 
from waste pieces of iron, (unless refuse nails or brads) or 
any fraudulent mixture increasing the weight : the manufac- 
turer (who shall also be the owner of such nails or brads) shall 
brand the initial of his christian name, and his surname at 
large, on the side of each cask ; also the name of the town 
where the manufacturer resides, in plain legible letters : and 
shall also mark the true and just weight of the tare of said 
cask with a brand or marking iron, under the name of the 
town. 

Sect. II. Be it further enaetedy That if any cask, pack- ly^jj, ^^ y^^^ 
age or quantity of cut nails, or brads, not branded or marked Ji^^Eul *** . 
as aforesaid, shall be offered for sale, or shall be put on board ported, not be- 

. log iiuipected, 

any vessel or carriage of transport, to be conveyed out of this may be seised* 
State, the same shall be forfeited and liable to seizure ; and |ib. § 6.] 
the manufacturer and owner, as aforesaid, shall, for each and o^^s^. 
every pound of tare, more than is marked on the cask and ^"^^ , ('^•****. "* 

^ • • , 4. r 1 . . packing, &c. 

for each and every pound of refuse, scraps or waste, which 
shall be mixed with said nails or brads, forfeit and pay one 
dollar for each and every pound of extra tare or waste. 

Sect. 12. Be it further enacted. That if any person shall 
counterfeit any brand, used or intended to be used for the ooonterfettiiif 



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790 NAIL9. 

Ch. 167, purpose aforesaid ; or shall destroy or alter any mark or im- 
^^^P"^ pression* made by another person's brand on any cask of cut 
iog markf, &c. nails or brads, and cause a different impression by such coun- 
[lb. § 7.] terfeit brand to be marked or impressed thereon ; or shall 
shift any cut nails or brads, from one branded cask to anoth- 
er, and thereby avail himself of another person's brand ; eve- 
ry person so offending shall forfeit the sum of twenty dollars. 
Penalty on S EOT. 13. Be it further enacted^ That if any ma.<ter, 

owner, master, ^ ^i i n • i i 

fccofanyves- mate, owner or other person shall receive on board any ves- 
caiiingna^L'^n ^^' ^^ Carriage of conveyance, any cask or other quantity of 

board, for ex- cut nails or brads, which are apparently intended to be trans- 
portation, if ' rr y 

not branded, ported out of this State, and are not branded and marked as 
provided and directed by this act ; he or they shall forfeit 
and pay a sum equal to the full amount of such nails. 

Penalties, how Sect. 14. Be it further enacted. That all penalties and 

recovered, &c. ^^. .. ,- ,.* -, , 

forfeitures arising by force and virtue of the eleventh, twelfth 
and thirteenth sections of this act, shall be recovered and ap- 
plied in the same way and manner as is provided for the re- 
covery and application of penalties and forfeitures under the 
sixth section of this act. 
Deputy intpec- Sect. 15. Be it further enacted y That it shall be the duty 

tors to niake ^ . , . /. . , . , 

return to in- ot the Several deputy inspectors aforesaid, once in three 
SnwmonSisI" nionths, and oftener if required, to make returns to the in- 
spector of the number of casks by them respectively inspect- 
inspector an- ed, together with the quantity of nails of each kind ; and the 
to mJke"retiira -inspector of nails shall annually in the month of May, and 
St^&c!^^^^ oftener if required, make return of the number of casks, and 
weight of wrought and cut nails, specifying the different 
quantities of each by him and his deputies inspected, into the 
office of the Secretary of this State. And the inspector 
shall make up the returns before specified, to the first day of 
May of each year, and send in their returns to the Secretary's 
office, in the course of the same month. 
Present inspec- Sect. 16. Be it further enacted y That the Inspector 
Um to remain Crcneral and*his deputies legally appointed and now in office, 
in office. gjj^j continue to hold and enjoy their respective offices, until 

others shall be appointed in their stead. [Approved Febru- 
ary 28, 1821 .J 



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LUMBER. 791 

Chapter 1S8.* Ch. 158. 

AN ACT for the admeasurement of Boards, and regulating the tale of Shingles, [*674] 
Ctapboardt, Hoops and Suve*, and for other ^rposes. 

Sect. 1. JjE it enacted by the Senate and House of Towm to 
Representatives^ in Legislature assembled^ That there shall be orTof b^irSi 
one or more suitable persons elected in every town in this y^^^* ^^* *" 
State, at their annual meeting in the month of March or -^P"*; 
April, to be surveyors and measurers of boards, plank, timber [Mhssi. stat. 
and shtwork, and surveyors of shingles, clapboards, staves §i&.3.] 
and hoops, who shall be sworn to the faithful performance of who shall be 
the trust reposed in them, and in each maritime town in this Maritime 
State from whence staves or hoops are usually exported be- J!h^^ viewers 
yond sea, there shall be two or more suitable persons chosen ®^*J^ *"«„" ^^ 
by such towns, at their annual meeting in March or April, hoops, to be 

, sworn. 

to be viewers and cullers of staves and hoops, who shall be 
under oath faithfully to discharge their office ; and for their 
encouragement to accept this trust, they sliall be allowed for 
their time and service as provided in the eleventh section of 
this act; and all boards, plank, timber or slitwork offered for Boards, &c. to 
sale, shall, previous thereto, be surveyed, and also measured, and'^^J^sared 
by one of the said surveyors, where he shall have any doubt of ^iJsV^*" ^^ 
the measure, having due consideration for drying and shrinking, 
who shall also mark anew all such to the just contents there- 
of, making reasonable allowance [for'] rots, knots and spHts. 

Sect. 2. Be it further enacted^ That no pine boards Quality of 
shall be shipped for exportation to foreign markets, but such ^"o'be^ahip- 
as are square edged, and not less than seven eighties of an p«<1 for foreign 
inch in thickness, and not less than ten feet in lengtli on pain 
of being forfeited, to the use of the town where they shall be 1784, Mar. 16, 
shipped : Provided, That a proper allowance shall be made iitewmnoc to 
for the drying and shrinking of pine boards, and tliat such as ^ \^^gjr 
shall be three fourths of an inch thick after heinz fully sea- •drinking of 

, . o / piDet)oarda. 

soned, or in the same proportion as to thickness, being partly 
seasoned, shall be accounted merchantable, and may be sold 
here as such, or shipped or exported to any market. 

Sect. 3. Be it further enacted^ That no (a) shingles, 

(a) 1. No action lies on a prominory note giron forthinglM not of the liose 
prescribed by this statute. Wheeler vs. Ausse//, 17 Ma»$* 268. 

Vol. II. 32 



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792 LUMBER, 

Ch. 158. clapboards, staves or hoops shall be offered for sale in any 
s-^-v-w/ jQ^Q jjj jjjig Stale,* that shall be under the following diraen- 

Dimeiuions of . 

shingien, &c. sions, viz. all shingles shall be split crossways the grain, 
[Mass. Stat, and be eighteen inches long, unless those made for home use ; 
§ sW.)^^^' pine shingles shall be free from sap, and all shingles shall be 
free from shakes and worm holes, and shall be half an inch 
thick at the butt end, when green, and full three eighths of an 
inch, when thoroughly seasoned, if for exportation to a for- 
eign market ; and not less than one third of an inch thick at 
the butt, when fully seasoned, if for home use, and four 
inches wide on an average, and none less than three inches 
wide, and shall hold their width three fourths of the way to 
Size of bun- the thin end, and be well shaved ; and each bundle shall 
g\Z. ^^ '***" contain two hundred and fifty shingles ; or if bound in square 
bundles, shall contain twenty-five courses, and measure 
twenty-two inches and a half at the lay : and in case there 
shall be more than five shingles in any one bundle that are 
under the above length, breadth or thickness, or five short in 
the tale of any one bundle of two hundred and fifty, the bun- 
dle which is so deficient, or in which such shingles are con- 
tained, shall be forfeited, and the shingles in each bundle 
which are not merchantable, shall be burnt and the residue 
sold, and the money arising from the sale shall be paid into 
the hands of the town Treasurer for the benefit of the 
poor of such town where the shingles are condemned, first 
deducting therefrom the charge of culling and surveying. 
Shiogiea to be And before any shingles are sent from the town where they 
iMegT^from the are made, or at the place of first sale, before their delivery, 
to^n where ^y^^ gj^^jj ^^ viewed, surveyed and measured by a sworn sur- 
veyor, and the town brand set upon the hoop of the bundle ; 
not*! * "" * and all shingles ofiered for sale without being surveyed und 

2. By ch. 250, § 1, yoI. 8, p. 80, it if provided, ** That notwithstanding 
the directions prescribed in the third section of the act aforesaid, relating to 
shingles intended to be shipped to a foreign market, it shall and may be law- 
fal to ofier for sale in any town in this State, shingles of other qnalitios, infe- 
rior in i^'^monwAna and quality to those mentioned in said act : And it shall be 
the doty of BQrveyora to inspect and mark such shingles of inferior qaalities 
and less dimensions and to class them aooordingly inder the names of No. 2 
«nd No. 3 ; and those descrit>ed in the act aforesaid shall be considered as 
No. 1." 



Digitized by VjOOQIC 



LUMBER. 793 

marked as aforesaid, shali be forfeited and disposed of as be- Ch. 158. 
fore provided. And all white oak butt staves, shall be at '^-•">'"^-' 
least five feet in length, five inches wide, and one inch and a 
quarter thick on the heart, or thinnest edge, and every part 
thereof. And all white oek pipe staves, shall be at least four Dimemioiui of 
feet and eight inches in length, four inches broad in the nar- 
rowest part, and not less than three quarters of an inch thick 
on the heart or thinnest edge. And all white oak hogshead 
staves shall be at least fortj-two 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- [♦6761 
two inches long ; and for home use shall be thirty inches 
long ; and all shall be half an inch thick on the heart or thin- 
nest edge. And all white oak hogshead and barrel staves 
shall be at least, one with another, four inches in breadth and 
none less than three inches in breadth in the narrowest part ; 
and those of the breadth last mentioned shall be clear of sap. 
And all red oak hogshead and barrel staves, shall be of the 
same length, width and thickness with the white oak hogs- 
head and barrel staves above mentioned : and all staves shall 
foe well and proportionally split. And all pine clapboards Dimensions of 
that shall be exposed to sale, shall be made of good sound ^^ 
timber clear of sap, and aM clapboards shall be free from 
shakes and worm holes, and of the following dimensions, viz. 
full five eighths of an inch on the back or thickest part, five 
inches wide, and four feet six inches long, and they shall he 
straight and well shaved or sawed. And all hogshead hoops Dimensions of 
that shall be exposed to sale, or exported, shall be from ten ^"^P'- 
to thirteen feet in length, and shall be made of white oak or 
walnut, and of good and sufficient substance, well shaved ; 
those made of oak shall be not less than one inch broad, at 
the least end, and those made of walnut shall be not less than 
three quarters of an inch broad at the least end ; each bundle 
shall consist of thirty hoops ; and all hoops of ten, twelve 
and thirteen feet respectively, shall be made up in distinct 
bundles by themselves ; and if any hoops are packed of less 
dimensions than those prescribed by this law, or if any bun- 
dle shall contain less than thirty hoops, such bundle shall be 



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794 LUMBER. 

Ch. 158. forfeited and sold for the benefit of the poor of the town 

^^^^^^^^^ where it is offered for sale (b) . 
Staves to be Sect. 4. Be it further enactedy That all staves that 

culled and ^\^^\i be exported from this State beyond sea, shall be first 

hoops surveyed "^ 

and shingia culled, and all hoops first Viewed and surveyed by one of the 
certi6ed before ofliccrs aforcsaid, and a certificate given by the culler or sur- 
exportation. y^jQ^^ to the master or commander of the ship or vessel on 
[lb. § 6.] board which they are laden, of the quantity by him so culled 
or surveyed ; and the bands with which the bundles of hoops 
are bound, shall be sealed with the brand of the town from 
whence they are exported ; and that all shingles and clap- 
boards that shall be exported beyond sea shall likewise 
[•67TJ be* certified by one of the surveyors already required by 
law to be chosen in each maritime town within this State, to 
have been by him surveyed, viewed and approved, and the 
Penalty for vi- number or quantity tliereof ; and any sellers of boards, staves, 
oiation, &c. faoops, clapboards or shingles, that shall deliver any of the 
said articles before they are culled or surveyed, shall forfeit 
the sum of two dollars per thousand ; and any person pur- 
chasing any of the articles before mentioned, and who shall 
receive them before they are culled or surveyed, shall forfeit 
and pay the sum of two dollars per thousand, one half to the 
How recovered informer who shall sue for the same, in any Court of this 
and distribut- gjgjg proper to try the same, or before any magistrate within 
this State in case the forfeiture does not exceed seven dollars ; 
the other half to the poor of the town where the offence is 
committed. 
Certificate of Seot. 6. Be it Jurtlicv enacted^ That the master or 
hTdliy&ed to ^W"®** of ®°y vessel having any staves, hoops, boards, clap- 
coUector, un- boafds OT shiudcs on board, for their cargo, and which shall 

der oath, be- , /. • /• • » t ,i i /• 

fore vessel is be shipped for exportation to a foreign market shall, before 

such vessel shall be cleared at the custom house, produce to 

[lb. § 6.] ^1^^ collector a certificate of such staves, hoops, clapboards, 

(b) It is provided by ch. 404, § 2, vol. 3, p. 265, as follows : — 
** That all hoops and staves shall be sold or exchanged as follows, viz : 
Twenty-five hoops shall constitote one handle ; four boudles, one hnndred ; 
ten hundred, one thoosand ; two staves shall constitote one cast ; fidy casts, 
ono hundred, and ten hundred^ one thousand ; and all other articles usnally 
sold by tale, shall be sold by the decimel hundred, any law to the contrary 
notwithstanding.*' 



Digitized by VjOOQIC 



LUMBER. 795 

boards and shingles, having been culled or surveyed, and Ch. 15S. 
shall likewise make oath before the Collector (who is hereby ^^-'^v-*-' 
empowered to udminister the same) or before any Justice of 
the Peace who shall give a certificate of the said oath, which 
shall by the master or owner be transmitted to the Collector, 
that the boards, staves, hoops, clapboards, and shbgles, on 
board his vessel, are bona fide the same boards, staves, hoops, 
clapboards and shingles, certified to have been culled or sur- 
veyed, and that he has no other on board, and that he will 
not take any others on board. 

Sect, 6. Beit further enacted ^ That if any person shall penalty for 
presume to ship off any boards, staves, hoops, clapboards or bJ^15*"^ve> 
shingles, unless the same shall first have been cuUed or sur- Jj^L^^**"^* 
veyed, and marked by a sworn culler or surveyor as aforesaid, 
be shall forfeit and pay the sum of two dollars per thousand 
to be reckoned by feet or tale (c), according as the articles 
are usually sold, to be disposed of, one half to the poor of 
the town where the offence is committed, and the other half 
to the surveyor, or any other person or persons* who shall [*678] 
sue for the same, which he or they are hereby enabled to do, 
by action, bill, plaint or information, in any Court proper to 
try the same, or before any Justice of the Peace if the for- 
feiture does not exceed seven dollars. 

Sect. 7. Be it further enacted. That in addition to the Additioimi 
penally of two dollars per thousand, as mentioned in thb act ^l^^or^maa. 
for the shipping of lumber otherwise than is herein prescribed, *^*?^^^'^*" 
(to be reckoned by feet or tale according as the articles are 
usually sold) whenever it shall appear that any of the kinds Marrie, 1784, 
of lumber mentioned in this act have been exported in any ^ 
vessel whatever out of this State, to any port or place not 
within the same, unless the said lumber has been first culled 
or surveyed agi'eeable to this act ; the master or owner of 
such vessel, shall, for the first offence, forfeit and pay the 
sum of two hundred dollars ; and for the second offence the 
vessel so cairying the said lumber as aforesaid, being after- 
wards found in any part of this State, shall be forfeited, to 
be recovered end applied in like manner as is provided by 

(c) See ante § 3, note b. 



Digitized by VjOOQIC 



796 LUMBER. 

Ch. 158. this act, for recovering and applying the penalty of two dol- 
^-^*^^^^ lars per thousand as aforesaid (d) . 
Tbiflacttoex- Sect. 8. Bt it further etiocted^ That wherever the re- 
uiion toMSth- striction upon the shipping of any kind of lumber is mention- 
weii^to'parti ®^ *° ^°y ^^ *® clauses of this act, to or for any foreign 
beyond sea. market, Or beyond sea, the same shall be considered and 
[lb. § 1.] understood to extend to any port or place not within this 
State, and that previous to any Collector's clearing out any 
vessel with lumber to any port or place not within this State, 
tlie like certificate of such staves, hoops, clapboards and 
shingles having been culled or surveyed, shall be produced, 
and the same oath administered, as is required to be produced 
and adminbtered by this act for the exportation of lumber to 
a foreign market (d). 
Penalty for Sect. 9. Be U further enacted^ That if any person or 
refiM?'**'^'to ^be P^^^^^s ^^ ^^^^ ^^ ^"'x choscu to scrve as a surveyor of 
sworn. boards, clapboards or shingles, or as a culler of staves or 

rMaas. Stat, hoops, shall refuse or neglect to take the oath for the faithful 
§^0 ' * discharge of the office, or to serve therein, every such per- 
son or persons shall pay the sum of three dollars, to the use 
£*«79j of the poor of the town choosing such person or persons,* 
and every such town shall proceed to the choice of other or 
others in the room of any person so refusing or neglecting, 
and so toHes quoHes. 
Penalty for Sect. 10. Be it fwther enactedy That in case any culler 

u^ ST acting ^^ surveyor, shall connive at, or allow of the breach of this 
dS^a'^'^'^^f ° ®^^' ^^ ^^^^ ^^ 6">'ty of ^"7 f*"*"^ ^^ deceit in surveying or 
hb duty. culling of boards, staves, hoops, clapboards, or shingles, he 

(lb. § 8.] shall forfeit and pay the sum of thirty dollars for each offence ; 
and in case of his refusal to attend the aforesaid service, 
when he shall be thereto requested, be shall forfeit and pay 
the sum of three dollars ; the forfeitures and penalties in such 
cases to be recovered and disposed of as aforesaid. 

(d) It is provided by ch. 260, § 2, vol. 8, p. 81, aa follows :— 
** That the seventh and eighth sections of the act to which this is addition- 
al, be, and the same hereby are repealed so far as the provisioDs of the same 
relate to lamber exported or intended to be exported coastwise, unless the 
shipper or shippers shall prefer to have their lamber surveyed or inqieeted ae 
provided in said act.*' 



Digitized by VjOOQIC 



SHOOKS....FIItE WOOD, &c. 



797 



Sect. U. Beit further enacted, That the following Ch. 159. 
fees shall be allowed to the officers aforesaid, viz. the buyer p^^^'^ljj^^ 
shall pay to the surveyor of boards, plank, timber and slit- to mn-evors, 
work, eight cents per thousand feet for viewing only, and 
eight cents per thousand feet more for measuring and mark- 
ing, and so in proportion for a lesser quantity. And the 
surveyor of shingles and clapboards shall be allowed by the 
buyer eight cents per thousand for surveybg and telling, and 
the viewers and cullers of staves and hoops shall be allowed 
twenty-five cents per thousand for barrel staves, thirty-three 
cents per thousand for hogshead and butt staves, as well 
refuse as merchantable ; the merchantable to be paid for by 
the buyer, the refuse by the seller, and the culler shall be 
allowed forty cents per thousand for hoops. [Approved 
March 16, 1821.] 

Additional Act, ch. 350, vol. 3. p, 80. 



Chapter 1^9. 

AN ACT relating to Hogibead Shoolu. 

Sect. 1. DE it enacted by the Senate and House of 
RepresentaHveSy in Legislature assembled , fyc, 

[Repealed; see ch. 414, vol. 8, p. 362. 

Sect. 1,* provided for the sise and quality of Hogshead Shooks. 

SxcT. 2, required all Shooki to be branded before sold, and prescribed a penalty 
for counterfeitiog a brand. 

Sbct. 8,* prorided for the appointment of Inapectoni of Shooks by Selectmen of 
towns to be sworn and to give bond, and a remedy for persons ii\|ared by in- 
spectors. It also prescribed the duty of the inspectors. 

Sect. 4, provided a penalty for altering or erasing a brand. 

Sect. 6, prescribed the fees of inspectors, and mode of recovering penalties un- 
der the act 

[Approved March 20, 1821.] 



[♦680] 



[♦•811 



Chapter 160. 

AN ACT to prevent fraud in Fire Wood, Bark or Coal, exposed to sale. 

Sect. 1. Be it enacted by the Senate and House of DmMnsions of 



RepresentaHveSf in Legislature assembled. That all cord wood 



cord wood. 



Digitized by VjOOQIC 



798 FIRE WOOD, dtc. 

Ch. 160. exposed to sale, shall be four feet long, including half of the 

^-'•'^^"^^ scarf; and the cord being well and close laid tc^tber, sbaJl 

Mar. 7, 1797, measure eight feet in length, four feet in width, and four feet 

in height. 

Selectmen to Sect. 2. Be U further enacted^ That in each town in 

orera' of w^ this Sute, wbcre the inhabitants, shall in town meeting legally 

toi^*^ v^t** h assembled, judge and vote the same to be necessary ; and 

necessary. wherein fire wood or bark is usually sold, the Selectmen shall 

[lb. § 2.] annually, or as occasion may require, appoint one or more 

suitable persons, and conveniently situated in the town, to be 

measurers of wood and bark there exposed or brought in for 

[*683] sale, and shall give public notice thereof; which measurer* 

Meamirers to or measurcrs shall be sworn to the faithful and diligent dis- 

aworn. charge of their office ; and shall receive such fees or allow- 

Seiectnien to ancc for their service as the Selectmen shall appoint, to be 

f^ ° paid by the driver of the wood or bark, and repaid by the 

buyer, where brought in by land, and by the wharfinger 

where brought in by water, and the measurer shall be entitled 

to his action therefor accordingly (a) . 

Wood or bark Sect. 3. Be it further enacted^ That if any fire wood 

eaiei2rore the or bark brought by land into any town for sale, wherein such 

T^ and^ measurers shall be so appointed, shall be offered for sale be- 

tefoililS'^ fore the same shall be measured by such measurer, and a 

ticket signed by him and delivered to the driver, certifying 

the quantity of wood the load contains^ the name of the 

driver and the town in which he resides, such wood or bark 

Appropriation shall be forfeited ; two thirds to the use of the poor of the 

« p«n» y« town, where offiered for sale, and the other third part thereof 

(a) By ch. 29S, § 1, vol. 8, p, 181, it is provideJ, •« That whenever aoy 
wood, bark or charcoal, may be sold by the cord, foot or load, in any town 
in this State, which may be stowed or loaded in sach a manner, as to pre^ 
yent sanreyora of wood and bark from examining the middle of the load, and 
it shall appear on delivery of the same, that said wood, bark or charcoal, 
has been stowed with a view of obtaining payment for a greater qnantity 
than there was, in fact, in said load, and with evident intent to defraod the 
pnrohaser, the person so selling said wood, bark or charcoal, or the owner 
thereof, shall forfeit and pay a snm not exceeding five dollars, for the nse of 
the eoimty, in which said penalty may have been incurred ; together with 
costs of prosecution, to be recovered before any Jostiee of the Peace in said 
town." 



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to the neasiirer or any other persoa who shall prosecute for Ch. 160. 
the same. ^^-v*-^ 

Sbct. 4. B€ U further ematUdj That all cord wood Cord wood 
brought in hj water into any town fior sale, shall be measured uir to benm' 
by a measurer duly appointed and sworn as afbresaid ; and in udfet^fflvM, 
order thereto, the wood so brought in, shall be corded and ^5%^*^^^"' 
piled by itself upon the wharf or land whereon tlie same wharf, 
shall be landed, in ranges, maldng up m height what shall be [Man. stat. 

..,1 i*i^**iiii t June ?2 i ITSO* 

wantmg m length ; at which tmie it shall be so measured, § i.] 
and a ticket given to the purchaser, who shall be obliged to 
pay the stated fees or allowance for such service as appointed 
by the Selectmen. 

Sect. &. Bt it farther enaet^dy That if any wharfinger No fire wood 
or carter shall cart or carry any fire wood from any wharf or ih>in tho wharf 
landing place in any town (except for the use and consump- ^J^^ *^. 
tion of such wharfinger or carter) before the same shall have f^aif^stat 
been measured by some measurer appointed as aforesaid, he ""• ^> >w»> 
riiall forfeit and pay one dcrfkr for every load of wood so Penalty and 
carried off; one mofety thereof to the use of the poor of the S£S^r**'^° 
town, where the offence shall be committed, end the other 
moiety to any person who shall prosecute for the same. 

Sect. 6. Be it further enacted^ That every wharfinger, Persana cart- 
carter or driver, diat shall cart or Carry any fire wood from JJLrf^to^ 
any* wharf or landing plaee in any town, shall be furnished ^JJ^J^ ^^ 
by the owner or seller of such wood, with a ticket, certifying »J!!*®^^ 
the quantity the load contains and the name of the driver. June^, 1799, 
And if any fire wood shall be carted or carried as aforesaid, 
w'lUhout such ticket accompanying the same ; or if any driver Ticket to be 
shall refuse to produce aid shew such ticket, on demand, to "^T ^ * 

*^ ^ ' ' wood meamr- 

any measurer, duly sworn as aforesaid, or his consent to have «r,oii demand, 
the same measured ; or if such ticket shall certity a greater Wood u> be 
quantity of wood than the load contains, in the opinion of truly eertu^. 
the measnrer aforesaid, after measuring the same, such wood 
shall he forfeited and seized ; two thirds to the use of the Appropriation 
poor of the town, where offered for sale, and the other one ** ***"^' 
third to the measurer or whoever shall prosecute for the 
same ; to be recovered as the other forfeitures in this act are 
directed to be recovered : Provided neverthelessy That noth- ▼©» "of *Si^ 
Vol. II. 33 



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800 FIRB H'OOD, &c. 

Ch. 160. ing herein contained shall be construed to extend to any per- 
^-''•^^"^^ son or persons, who shall transport or cart or caose to be 

who cart their . , ^ i /» * •• . 

own wood from transported or carted from any wbarf or landing place, to his 
landi^roUMi^ Or their own dwelling houses or stores, any cwd wood which 
dwellings. jjg ^^ ^jj^y. gjj^jj j^^^^ purchased on such wharf or landmg 

place, or shall have landed thereon upon his or their own 

account. 
Dimensions of Sect. 7. Be U further tnaeted. That all baskets (6) used 
^J*^ *'**■ in measuring charcoal brought into any town for sale, shaU 
rBiara Stat ^^^^^'^ ^^^ bushels, and be of the following dimensioas, to 
BUr. 7, 1797» wit ; nineteen inches in breadih in every part thereof, and 

seventeen inches and a half deep, measuring from the top of 

the basket to the highest part of the bottom ; and that the 
To be sealed, basket be well heaped^ and also be sealed by the sealer of 

the town where the person so using the same, shall usually 
Penaitjr for inhabit or reside ; and every person who shall measure the 
in baskets too charcoal ofierod for. sale in any basket of less dimensic^, or 
^' "°* not sealed as Aforesaid, shall ibrfeit and pay for each offence. 



fifty cents, to the uses mentioned in the fifth aeotioa of this 

act ; and such basket shall be destroyed. 
Selectmen may Sect. 8. Beit further tfiactedy That the Selectmen of 
penKln u>^e^ any towu, whoro coal is usually sold, slmll have power to 
soeh baskets, appoint, as oocaslon may require, some suitable person to 
{lb. § 6.] seize and secure all baskets improved for measuring coal, 

that shall not be of the dimensions aforesaid, and sealed as 
[*e84] aforesaid,^ and to prosecute such person or persons as shall 

be guilty of a breach of this act. 
Forfeitures, Sect. 9. Be it further enacted y That all the forfeitures 

bow recovered, aforesaid, m^y be recovered, with costs of suit, by action of 

debt before, any Court proper. to try the same. [Approved 

March 8, 1821.] 

(6) By ch.1»5, ^2, voK S,^. 181, it is provided, «• Thut any chareoal 
brooght into any town for sale, may bo BieaMUrvd and sold by the cord 
or foot, eatimating the eord at ninety-sk bushels, whenever the pnrehaeer 
and seller may matoally agree to the same, and the measurers of wood and 
bark in any town shall be measurers of charcoal in the same ; any law to 
the contrary notwithstanding/* 



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CALF SXIMB. 801 

CbMpUm Ml. Ch. 161. 

AN ACT to preveMt the exportation of omnainifiicttired Celf Skins, and to en- 
courage the manufactnre of Leather Boots and Shoes. 

Sect. 1, Be it enacted ,6y the SencUe and Howe of calfskins un. 
Representatives in Legidqi%vtt.c^^riSLbU4't That no uomanufac- ^"to be ex- 
tured calf skins shall b^ exporte(| from this Slate by land or po««i» 
water ; and if the owner or owners of any green or unmanufac- I5***jj \^\ 
tured calf skins, or other p^aon or persons employed by 
him or them, shall lade, or put on board of any vessel or 
float, bound out of this State, any green . or unmanufactured 
calf skins ; or if any master of any ship or vessel, or other 
offiper or mariner shall. receive on board any unipanufac tured 
calf skills as aforesaid^ the person or persons so offending, under penalty 
shall incur the penalty, of two dollars for eaph and every un- ° * ^' 
manufactured calf skin, so shipped or attempted to be ship- 
ped \ to be sue d in any Court within this 
State proper tc \y person wjio. will prose- 
cute therefor. 

Sect. 2. K, That each manufactui-er Leather boots, 

of leather, or < , shoes, pumps, sandals, be^!^pd"by 

slippers, or g< re the exclusive right of ^hi^^^^i* be 

stamping said i Bi* manufactured, with the » ^"^n^y oj 

' ^ ' the goodness of 

initial letter of name, and his or her sur- ««* articles, 

name at large ; shall be considered as a [Mass. sut. 

warranty, that the article stamped, is merchantable, being §i.] ' 
made of good materials and well manufactured. 

Sect. 3. Be it further enacted^ That any person who Penalty for 
shall fraudulently stamp, or aid and abet in fraudulently Sl?rtamp!*"^ 
stamping, either of the articles aforesaid, with the name or 
stamp of any otber person, on due conviction thereof, shall 
be punished as guilty of a fraud, either by fine not exceed- 
ing* twenty dollars, or by imprisonment, not exceeding six [♦6851 
raondis, or by both these punishments, at the discretion of 
the Court having cognizance thereof. [Approved February 
19, 1821.] 



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902 



FIRE ARMS. 



Ch. 162. 



Governor to 
appoint prov- 
em of guB bar- 
reLi. 

[Mastf. Stat. 
Mar. 8, 1808, 



Barrels to be 
marked and 
certificate giv- 
en. 



ProTer*fl fees. 
[Ib.§l.l 



Penalty for eel- 
ing gons or 
pistok, not 
proved and 
marked. 

[lb. « 3.1 



[•««1 

How recover- 
ed. 

Penalty for al- 
tering markB or 
certificates. 

[lb. § 4.) 



C»Mp«er 10S« 

AN ACT to provide for the proof of Fore Aimi. 

Sect. 1. Be it enacted by the SenaU and House of 
Representatives, in Legislatnre assen^ledj That the Governor) 
by and with the consent of the Council, be, and he hereby is 
empowered to appoint suitable persons, to be provers of the 
barrels of all new, or untised fire arms ; and h shall be the 
duty of each person so appointed, to prore and try the 
strength of the barrels of all fire arms which shall be ofiered 
him for that purpose, in such manner as to satisfy himself of 
the strength of tlie some ; and shall in a permanent manner, 
mark and number every barrel by him so proved, and make, 
and deliver to the person applying to have the same proved, 
a certificate for each barrel proved, and found good in the 
form following: 



I certify that on this - 



• day of - 



•A. D. 



I proved for - 



musket, pistol, or rifle barrel, (as tlie ease may be) and which is nnnbered and 
marked as in the margin, and that the same is good and strong. 

A. B. Prover of fire arms. 

Sect. 2. Be it further enacted, That each prover shall 
be entitled to receive from the person applying to have such 
barrel proved, twenty-five cents, in addition to the expense 
of the powder necessary for that purpose for each barrel so 
proved ; whether the same shall stand the proof and be 
marked or not. 

Sect. 3. Be it further enacted. That if any person shall 
sell or ofl!er for sale within this State, any new, or unused 
musket, rifle, or pistol barrel, without having the same first 
proved, marked, and certified according te the provisions. of 
this act, he shall forfeit for each barrel so sold, the sura of 
ten dollars, to be recovered by an action of debt before any 
Court proper to try the same ; to the use of any person* 
who shall sue for and recover the same, or by indictment to 
the use of the State. 

Sect. 4. Be it further enacted. That if any person shall 
falsely alter the stamp or mark or the certificate of any prover 
of fire arms, appointed as aforesaid, and be convicted thereof 
before any Court proper to try the same, he shall forfeit and 



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PAPEft. 803 



pay a fioe of not moie ihan one handred dollars, nor leas Cb. 168. 
than twenty dollars according to the nature and aggravation ^•^^^"'^ 
oT the offence, for the use of the State. [Approved March 
10, 1621.] 



Chapter 163. 

AN ACT regulating the packing and aelKng of Paper within this State. 

Sect. 1. Be U eiMcted by the Senate and Howe qf Paper nadeor 
Representatives^ in Legislature assemhledj That all paper, ^teM^i Jin 
excepting paper of foreign manufacture, press paper, bonnet r^»«^» ^^^ 
paper and such paper as is usi^y sold by weight, which shall [Mafli. sut. 
be made or offered for sale within this State, shall be packed §1.] ' 
in reams, each ream containing twenty quires, and each quire 
twenty-four sheets; and on the centre of the face of each bearinff oame 
ream, shall be pasted a piece of substantial white paper, at pboe of abode, 
least four inches square, having the name or names of the 
manufacturer or manufacturers, and his or their place of resi- 
dence, and also the words ^^ One Ream," legibly stamped 
thereon : Provided however, That printing paper nay be provi»o •• to 
packed in parcels of two reama each, and on the centre of F^^p«p«f- 
the face of each parcel so packed, shall be pasted a piece of 
substantial white paper, at least four inches square having 
the name or names of the manufacturer or manufacturers, 
and his or their places of restdcxiee, and also the words 
^^Two Rbams,^ legibly stamped thereupon. 

Sect. 2. Be it further enaetedy l^at any and every Penalty for sei- 
person so making or (Bering for s^, or selling paper except ^^il^J^^ 
as aforesaid, not packed and stamped as aforesaid, or who 2!^^!1?5**^ 
shall transport, or cause to be transported out of this State, quaked. 
or shall put on board any vessel, or other carriage of con- [ib. § 2.] 
veyance, with intention to transport the same out of this State, 
any paper except as aforesaid, not packed and stamped as 
aforesaid,* shall, far each ofience, forfeit and ptny the sum of [•687] 
four dollars for each ream, package or parcel so offared for 
sale, or sold, or which shall be transported out of this State, 
or which shall be put on board of any vessel or other car- 



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804 MILITIA. 

Ch. 164< riage of conveyance, with intention to transport the same out 
^•'^^^^^^ of this State. 
Penalties, how Sect. 3. Be it further enacted^ That the penalties in 
appropriated, this act shall be recovered in an action of debt, in any Court 
[lb. § 8.] having jurisdiction to try the same ; one moiety tliereof to 
the use of the county in which such offence shall be com- 
mitted, the other moiety thereof to the use of the person 
suing for the same ; and all such paper not packed or not 
stamped as aforesaid, shall also at all times be liable to be 
seized to the use of any person, who may seize the same, 
provided the person, so seizing, shall, within seven days after 
the seizure, commence his action as aforesaid, and shall 
prosecute the same to the recovery of the penalty aforesaid. 
[;Approved February 19, 1821.] 



Chapter 164. 

AN ACT to organise, govern, and discipline the Militia of this State (a). 
Laws of ihe United States^ relating to the MUitia, noto in force. 
Preamble. WHEREAS, Congress on the eighth day of May, in the yfcar of our Lord one 

^P!^ States thousand seven hundred and ninety-tiro, passed the fbllewing bw, entitled *' An 
May 8 17^ ^^' ''^'^ cfiectually to provide for the national defence, by establishing an uni> 
form Militia throughout the United States." 

Persons to be Sect. 1. xSe it enacted by the Senate and Houee af 
Representatives^ of the United States of ^Smerica in Congress 
assembled^ That each and every free, able bodied (6), white 
male citizen of the respective States, resident therein, who is 
or shall be of the age of eighteen (c) years, and under the age 

(a) In an action for a penalty under this statute, the declaration mu^t al- 
lege the offence to have been cominitted *■ agauist the form of the statute in 
that case made and provided.'* HeaUt v». Wetton, 2 Cfff, 848. 

(5) Every citizen not within the class of persons specially exempted from 
military duty, is presumed to be able bodied and liable to enrolment, until 
be show the contrary. H(noe vs. Vance, 7 O^. 158. 

<c) One who is by law liable to do military duty, may enlist in an mde- 
pendeat company, although under the age of 21 yaars, and sach enlistmant 
will take him out of the standing company of militia, in which he would oth- 
erwise be liable to do duty. Com. v$. Frost, 13 Mass. 491. 



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MILITU. 805 

of forty-five years, (except as is herein after excepted) shall Ch. 164. 
severaHy asd respectively be enrolled in the Militia, by the ^-^"v-^^ 
Captain or commanding officer of the company, within whose 
boonds such citiaen shall reside, and that within tweire months 
after the passing of this act. And it diaU at dl times hereaf- Duty of tap- 
ter be the duty of every such Gaptun or commandibg officer of •o^uingi ^ ^ 
a company, to enrol every such citizen as aforesaid, and also 
those who shall, from time to time, arrive at the age of eigh- 
teen years, or* being of the age of eighteen years, and under [•ees] 
the age of forty-five years, (except as before excepted,) shall 
come to reside within Ms bounds (J), andshidl wlthont de- 
lay notify such citizen of the said enrolment, by a proper non* Notice of en- 
commissioned officer of the company, by whom such notice •^*'°"^- 
may be proved. That every citizen so enrolled and notified, Armi and 
shall widiin six (e) months thereafter, provide hbnself with a *i"'P°**"^' 
good musket or firelock, a sufficient bayonet and belt, two 
spare ffints, and a knapsack, a pouch, with a box therein to 
contam not less than twenty-four cartridges (/), suited to the 
bore of his musket or firelock, each cartridge to contain a 
proper quantity of powder and ball ; or with a good rifle, 
knapsack^ shot pouch, and powder bom, twenty balls, suited 
to the bore of his rifle, aod a quarter of a pound of powder ; 
and shall appear so armed, accoutred and provided, when 
called out to exercise, or into service, except that when call* 
ed out on company days, to exercise only, he may appear 
without a knapsack. That the commissioned officers shall 
severally be armed with a swCrd or hanger, and espontoon ; 
and that from and after five years from the passing of thid act, 
all muskets for arming the militia, as herein required, shall 
be of bores sufficient for balls of the eighteenth part of a 
pound. And every citizen so enrolled, and providing himself Amof, he ex 
with the arms, ammunition, and accoutrements required as 

(d) See notee to § 8, and 12. 

(e) See onward § 15, and note thereto. 

(/) It it provided bj ch. 416, f 1, vol. 8, p. t«8, ** That so ttiach of the 
■ev^Md acta bow in force to oiiganize, gorem and dacipline the miHtiA •« re- 
qnuree the exhibition of eartridgea of powder and balk, or of powder and belli 
not in cartridgei, bj non-ooimniBwoned oBttmatnad jirivAtes* at the ennnal 
inspectioni be and tbt Nme hereby ii repeekd." See ch^ 819, vol. K § i% 



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806 



■ILITU. 



Cxemptfl. 



Ch* 164. aforesaid, shall hold the same exempt from all suits, distress- 
^■^"^'"^^ es, exectition of sales for debt, or for the paymieat of taxes. 

Sect. 2. Md be it further enacted j That the Vice Presi- 
dent of the United States, the c^icers^ Judicial and ExecudTC 
of the Government of the United States^ the members of both 
Houses of Congress, and their respectire officers ; all Custom 
House Officers, with their Clerks ; all Post Officers (g) and 
Stage Drivers, who are employed in the care and conveyance 
of the Mail of the Post Office of the United States ; all Fer- 
lymec, employed at any ferry, on the post road ; all Inspec- 
tors of Exports ; all Pilots ; all Mariners (fc), aotuaUy em- 
ployed in the sea service of any citixen or merchant, within 
the United States ; and all persons who now arei, or mi^ 
hereafter be exempted by the laws of the respective States, 
shall be and are hereby exempted from military duty, not- 
witfastandiog their being above the age of dghteen, and under 
the age of forty-five years. 

SBdT. 3.* •dfu^ 6et^^r^r«ikiefetf, That within one (t) 
year after the passing of this act, the Militia of the respective 
States shall be arranged into Divisions, Brigades, Regiments, 
Battalions and Companies, as the Legislature of each State 
shall direct'(j); (uid each division, brigade, and regiment, 
shall be numbered at die formation thereof; and a record 



[♦689] 

Arrangeroent 
of the militia. 



<^) An aniitaiit pottmaaler If not exempt from SNlitis. duly. Stater vs. 
Bates, 10 Fiek. 108. 

(h) Fkkennen flogaged in the eod Mery on baud a vend of nore tiisa 
tweo^ lons> duly licensed, and buTing aigiied an agreement reqniced bj the 
lawa of the United Statea.Are not liable to do dnty in the militia. Com. v», 
Douglass, 17 Mius. 49. It is the same, thongh th^y may not haye signed 
any shipping paper. Bayley vs. Merritt, 2 Pick. 597 ; Pratt vs. Halt, 4 
Mas9. 341. 

(t) This provision nrast either be considered as directory after that period ; 
or the legislature of the State is left to provide alterations at its own discre- 
tion. Com. vs. Thaxter, 11 Mass. 892. 

(j) 1. Under this prevision, and under the provisions of § 6 of the laws of 
this 8tate» Iha coflimtnder in chief vitb advka of Comeil* m aiythorfized and 
eapewflnd to oiigittiM and mEnungelhe imiitia of the State, oonfiwinabiy to 
th*liMra eTtka ^nked Stales* and to make mafa aJtomtiene therain aefiom 
lime to time m^f be deemed jneanargr;aad timee pee visioaa ma not nnoea- 
■tteioaa] oa being a Megat&oa of le^alpHiTe iimimiit^. jUam^o Pei. 4 
Pick. 25. 



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MILITIA. 807 

made of such numbers, in the Adjutant General's office, in Ch. 164. 
the State ; and when in the field, or in service in the State, ^-^'v"*-' 
each division, brigade and regiment, shall respectively take 
rank according to their numbers, reckoning the first or lowest 
number, highest in rank. That if the same be convenient, 
each brigade shall consist of four regiments, each regiment 
of two battalions, each battalion of five companies, each 
company of sixty-four privates. That the said Militia shall How officered, 
be officered by the respective States, as follows : To each 
division, one Major General, and two Aids-de-Camp, with 
the rank of Major ; to each brigade,* one Brigadier General, 
witli one Brigade Inspector, to serve also as Brigade Major, 
with the rank of a Major ; to each regiment, one Lieutenant 
Colonel, Commandant; and to each battalion, one Major; [Seeiawsof 
to each company, one Captain, one Lieutenant, one Ensign, ^°fl^^isie 
four Sergeants, four Corporals, one Drummer and Fifer, or Sec.i, altering 
Bugler. That there shall be a Regimental Staff, to consist 
of one Adjutant, and one Quarter Master, to rank as Lieu- 
tenants ; one Pay Master, one Surgeon, and one Surgeon's 
mate ; one Sergeant Major, one Drum Major, and one Fife 
Major. 

Sect. 4. •Snd be UJurther enaetedj That out of the Militia Grenadien', 
enrolled as is herein directed, there shall be formed for each aDdViflemen! 
battalion at least one company of grenadiers, light infantry 
or riflemen ; and that to each division there shall be at least 
one company of artillery, and one troop of horse ; there officew of ar- 
shall be to each company of artillery, one Captain, two **"^' *°^ 
Lieutenants, four Sergeants, four Corporals, six Gunners, 
six Bombardiers, one Drummer and one Fifer^ The officers 
to be armed with a sword or hanger, a fusee, bayonet and 
belt, with a cartridge box to contain twelve cartridges ; and 
each private or matross shaU furnish himself with all the 
equipments of a private in the infantry, until proper ordnance 
and field artillery is provided. There shall be to each troop* [•690] 
of horse, one Captain, two Lieutenants, one Cornet, four ^^^^^ 
Sergeants, four Corporals, one Saddler, one Farrier, and one 

2. The commander in chief, with advice of ConnciJ, has authority to an- 
nex one town or part of a town to another, in order to form the territorial 
limits of a company. Jk. 

Vol. II. 34 



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Uniform. 



80S MILITIA. 

Ch. 164. Trumpeter. The bommissioned officers to furnish them- 

^"^^^^^^ selves with good horses, of at least fourteen hands and a lialf 

high, and to be armed with a sword and a pair of pistols, the 

How to be fur- holsters of which to be covered with bear skin caps. Each 

horses, &c. dragoou to furnish himself with a serviceable horse, at least 

fourteen hands and a half high, a good saddle, bridle, mail- 

piUion and valise, holsters, and a breast plate and crupper, a 

pair of boots and spurs, a pair of pistols, a sabre and car- 

Artiiiery iind touchbox, to Contain twelve cartridges for pistok. That 

cavalry bow ' ' r 

raised. each Company of artillery, and troop of horse, shall be form- 

ed of volunteers from the brigade (A;), at the discretion of the 
Commander in Chief of the State, not exceeding one com- 
pany of each to a regiment, nor more in number than one 
eleventh part of the infantry, and shall be uniformly clothed 
in regimentals, to be furnished at their own expense ; the 
color and fashion to be determined by the Brigadier com- 
manding the brigade to which they belong. 

Colours, Sect. 6. .Snd be it further enacted. Tbsit euch hnttalion 

drums, bugles, . 

fcc. how fur- and regiment shall be provided with the State and regimental 
colours, by the field officers, and each company with a drum 
and fife, or bugle horn, by the commissioned officers of the 
company, in such manner as the Legislature of the respec- 
tive States shall direct. 

Adi|iitaiit g«5ii. Sect. 6. ^nd be it further enacted^ That there shall be 
an Adjutant General (I) appointed in each State, whose duty 

his duty. it shall be to distribute orders from the Commander in Chief 

of the State to the several corps ; to attend all public re- 
views, when the Commander in Chief of the State shall 
review the Militia, or any part thereof; to obey all orders 
from him relative to carrying into execution and perfecting 
th6 system of military discipline, established by this act, to 
furnish blank forms (m) of dififerent returns that may be re- 

(A) A person subject to itiilitia duty, living within the limits of one bri- 
gade, cannot lawfully enlist in a volunteer company in another brigade. 
Webber, petUioner, 3 Pick, 264. 

(/) He is required to keep an office at the seat of government, by cb. 
212, vol. 8, p. 42. 

(m) The forms of roilitia returns, prescribed and furnished by the Adju- 
tant General nnder the provisions of ^ 6, are of the same binding force as if 
tbey were tontained in this stfttute in detail. Sawtel v$, Davis, 6 Glf* 488. 



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MIUTIA. 809 

quiredf and to explain the principles on which they should be Ch. 16<. 
made ; to receive from the several officers of the different ^-^^^^-^^ 
corps throughout the State, returns of the Militia under their 
command, reporting the annual situation of their arms, ac- 
coutrements and ammunition, their delinquencies, and every 
other thing that^ relates to the general advancement of good [«60i] 
order and discipline : all which the several officers of the Returns to be 
divisions, brigades, regiments and battalions, are hereby re- untgeneraii" 
quired to make, in the usual manner, so that the said Adjutant 
General may be duly furnished therewith ; from all which 
returns he shall make proper abstracts, and lay the same 
annually before the Commander in Chief of the State. 

Sect. 7. •find be it further enacted. That all commis- Rank of offi- 
sioned officers shaU take rank according to the date of their **"' 
conunissions ; and when two of the same grade bear an equal 
date, then their rank to be determined by lot, to be drawn by 
them before the commanding officer of the brigade, regiment, 
battalion, company or detachment. 

Sect. 8. •ind be it further enacted. That if any person, Disabled offi- 
whether officer or soldier, belonging to the Militia of any diers. ^ 
State, and called into the service of the United States, be 
wounded or disabled while in actual service, he shall be taken 
care of, and provided for, at the public expense. 

Sect. 9. •Snd be it further enacted, That it shall be the Brigade ia- 
duty of the Brigade Inspector, to attend the regimental and ■P^^** ^^^ 
battalion meetings of the Militia composing their several 
brigades, during the time of their being under arms, to in- 
spect their arms, ammunition and accoutrements ; superin- 
tend their exercises and manoeuvres, and introduce the sys- 
tem of military discipline before described, throughout the 
brigade, agreeably to law, and such orders as they shall, from 
time to time, receive from the Commander in Chief of tlie 
State ; to make returns to the Adjutant General of the 
State, at least once in every year, of the Militia of the brig- 
ade to which he belongs, reporting therein the actual situation 
of the arms, accoutrements and ammunition, of the several 
corps, and every other thing which, in his judgment, may 
relate to the government and the general advancement of ^^i"*!^^^?' 
good order and military discipline ; and the Adjutant General rctorai to Got- 



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810 MIUTIA. 

Cu. 164. shall make a return of all the Militia of the State to the Com- 
^-^"'""^^ mander in Chief of the said State, and a duplicate of the 

eroor and Pres- • t-n 

ideot. same to the President of the United States. And whereas 

sundry corps of artillery, cavalry and infantry, now exist in 
[•6921 several of the said States, which, by the laws,* customs or 

usages thereof, have not been incorporated with, or subject 

to, the general regulations of the Militia : 
Privilege! to Sect. 10. •9nd bt it further enacted j That such corps 
wSsmed^'^'*' retain their accustomed privileges, subject nevertheless to all 

other duties required by this act, in like manner with the 

other Militia. 

Additional act ^^ whereas, Congress, on the second day of March, in the year of oar Lord one 
of Congress, thousand eight hundred and three, passed the following additional law, entitled, 
^ * * « An Act in addition to an Act entitled an Act more effectually to provide for 

the national defence, by establiiihing an uniform Militia throughout tlie United 

States." 

Adjutant gen- ^^ i^ enacted by the Senate and House of RepresentcUives 
^uai^reuiras ofthe United States of •America, in Congress assembled ^ That 
u.^'totw."' °^ '^ ^^*^' ^® ^^® ^"^X of the Adjutant General of the Militia in 
each State, to make return of the Militia in each to which 
he belongs, with their arms, accoutrements and ammunition, 
agreeably to the directions of the act, to which this is in ad- 
dition, to the President of the United States annually, on or 
before the first Monday in January in each year ; and it shall 
be the duty of the Secretary of War, from time to time, to 
give such directions to the Adjutant Generals of the Militia, 
as shall in his opinion be necessary to produce an uniformity 
in the said returns, and be shall lay an abstract of the same 
before Congress on or before the first Monday of February 
annually. 
Dniy of per- Sect. 2. And be it further enacted^ That every citizen 
Boni floroUed. July enrolled in the Militia, shall be constantly (n) provided 
with arms, accoutrements and ammunition, agreeably to the di- 
rection of the said act, from and after he shall be duly notified 
Legal notice of ^f ^^^ enrolment; and any notice or warning to the citizens 
•nrobnent, g^ enrolled to attend a company, battalion or regimental mus- 
ter or training, which shall be according to the laws of the 
State in which it is given for that purpose, shall be deemed 
a legal notice of his enrolment. 

(n) See onward, § 15, and note thereto. 



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MiLrru. 811 

Sect. 3. And be it further enacted. That in addition to Ch. 164. 
the officers provided by the said act, there shall be to the Mi- ^ ^-^"^^^^^ 

. Quarterinaflter 

litia of each State, one Quarter Master General ; to each brig- genera), Brig. 
ade one Quarter Master of Brigade ; and to each regiment, bi^T*^ 

*>«A nu^^^nlw* chaplain to rc- 

one Chaplain. ^j^^^ 

And* whereas. Congress, on the 18th day of April, in the year of our Lord one , A??®^1 

....,, 1 -. . L ^ 11 f 1 -13 * Additional law 

thousand eight hundred and fourteen, passed the following laws, entitled an Act ^f ^ States 

in further addition to an Act, entitled, April 18, 1814. 

** An Act more effectually to provide for the national defence^ by establishing 
an uDiform Militia through the United States." 

Be it enacted by the Senate and House of Representatives Division* in- 
of the United States of America, in Congress assembled. That -P^^^i;!^!.^' 
in addition to the officers of Militia provided for by the -act master, larig- 

, ade aid-de- 

entitled an act more effectually to provide for the national de- camp; 
fence, by establishing an uniform Militia throughout the Uni- 
ted States, approved May the eighth, one thousand seven 
hundred and ninety-two, and by an act in addition to said re- 
cited act, approved March the second, one thousand eight 
hundred and three, there shall be to each division, one Di- 
vision Inspector, with the rank of Lieutenant Colonel, and 
one Division Quarter Master, with the rank of Major ; to each 
brigade one Aid-de-Camp, with the rank of Captain, and the 
Quarter Masters of Brigades heretofore provided for by law, 
shall have the rank of Captain. 

And it shall be incumbent on the said officers to do and their duties, 
perform all the duties which by law and military principles 
are attached to their offices respectively. 

And whereas Congress on the twentieth day of April in the year of our Lord one . - ^ 
thousand eight hundred and sixteen, passed the following law, entitled, grcssJlpril 20 

" An Act concerning the Field Officers of the Militia.'* ^®*®« 

Be it enacted by the Senate and House of Representatives one ooienelk 
of the United States of Amenca, in Congress assembled, That li^^„,^ir*i 
from and after the first day of May next, instead of one Lieu- **** regiment 
tenant Colonel Commandant to each regiment, and one Ma- 
jor to each battalion of the Militia, as is provided by the act, 
entitled "An Act more efiectually to provide for the national 
defence, by establishing an uniform Militia throughout the 
United States, approved May the eighth, one thousand seven 
hundred and ninety-two, there shall be one Colonel, one 
Lieutenant Colonel, and one Major to each regiment of the 



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S12 MILITIA. 

Ch. 164. Militia, consisting of two battalions ; where there shall be 
^"^^-^^ only one battalion, it shall be commanded by a Major : Pro^ 
[*694] videdj That nothing contained herein shall be construed to^ 
annul any commission in the Militia which may be in force as 
granted by the authority of any State or Territory, in pursu- 
ance of the act herein recited, and bearing date prior to the 
said first day of May next." 

Act of Con- And whereas. Congress on the twelfth day of May, in the year of oar Lord one 
?fi^' ^^ * ^ousand eight hundred and twenty, passed the following additional law, entitled, 
" An Act to establish an uniform mode of discipline and field exercise for the 
Militia of the United States." 

Di«jipiine,8ys- Bc it ctiacted by the Senate and House of Representatives 
liSed.' *** of the United States of •America in Congress assembled^ That 
the system of discipline and field exercise which is and shall 
be ordered to be observed by the regular army of the United 
States in the different corps of infantry, artillery and riflemen, 
shall also be observed by the Militia in the exercises and dis- 
cipline of the said corps respectively throughout the United 
States. 
Repeal of part Sect. 2. •Snd be it further enacted^ That so much of 
^JelTofM^S] ^^^ ^^^ ^^ Congress approved the eighth day of May one 
1792. thousand seven hundred and ninety-two, as approves and 

establishes the rules and discipline of the Baron de Steuben, 
and requires theih to be observed by the Militia throughout 
the United States, be, and the same is hereby repealed. 

MILITIA LAW. 

Militia law of Sect. 1. HE it enacted by the Senate and House of 
the State. Representatives ^ in Legislature assembled^ That in addition 
S*^^Sib ^^ ^^® exemptions made by the foregoing laws of the United 
§ 1] ' ' States, the Justices of the Supreme Judicial Court ; ail reg- 
ularly ordained Ministers of the Gospel, of every denomina- 
tion, while they shall ordinarily officiate as such, and continue 
Exempts. abso. in regular standing; all oilicers, who have heretofore held, 
"'*' or may hereafter hold commissions in the Militia of this 

State for the term of five years, or shall have been super- 
seded, or whose corps or company shall have been disband- 
ed, and who have been honorably discharged; and every 
person of the religious denominations of Quakers and Sha- 



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MILITIA. 813 



[•6951 



kers who shall on or before (o) the first Monday of April an- Ch. 164. 
nually,* produce a certificate (p) to the commanding officer of 
the company \vithm whose bounds such Quaker or Shaker 
resides ; which certificate, signed by two or more of the 
elders or OFerseers, (as the case may be) and countersigned 
by the Clerk of the society with which such Quaker or 
Shaker meets for religious worship, shall be in substance as 
follows : 

« We, the wbscriben, of the Society of the people called in the town of 

— in the county of ^— do hereby certify {q) that is a member of our Society, 

and that he frequently and usually attends with said Society, for religious worship, 
and conforms to the usages of the same, and we believe is conscientiously scrupu- 
lous of bearing arms. A. B. ) Elden or Oveneers,** 

E. F. Clerk, C. B. > [as the case may be. ] 

Notwithstanding their being above the age of eighteen and 
under the age of forty-five years, be, and they are hereby 
exempted from the performance of military duty ; but no 
other able bodied white male citizen between those ages shall 
be exempted from military duty except such as are hereinaf- 
ter excepted. 

Sect. 2. Be U further enacted^ That each of the per- E^empu con- 
sons, hereinafter mentioned, may be exempted from the per- ditional. 
formance of military duty, notwithstanding their being of the 
age of eighteen years and under the age of forty-five years, 
▼iz : All officers, who have held or may hereafter hold commis- 
sions in the army (r) or Navy of the United States, or in the 

(o) One claiming exemptioD under this provision, will not be exempted by 
producing his certificate after the day specified in the tutnte. Lea V9. 
Childs, 17 Mass, 851. See note u, § 2. 

(/>) 1. If the overseers of a society of friends or qaakers, in a certificate 
granted to one of their members, state that he *' reasonably" conforms to the 
usages of the so'ciety, the certificate is good, notwithstanding the qualifica- 
tion. Dole vs, Allen, 4 Glf. 627. 

2. The certificate is conclusive evidence of the facta it contains. fb» 

3. The averment, of the persons certifying, that they believed the party 
to be conscientiously scrupulous of bearing arms, is a pjirt of the certificate 
not to be dispensed with. Lees vs. Childs, 17 Mass. 351. 

iq) Com. Ts. Fletcher, 12 Mam. 442. 

(r) 1. Such an one, claiming exemption, must produce his commiflsion, or 
show actual service by virtue of a lawful appointment Com. vs. Smith, 13 
Mass. 816. 



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814 MILITIA. 

Ch. 164. Militia of any of the United States; and all officers, who 
''"^"^'"^^ have held or may hereafter hold commissions iu the Militia 
of this State for a term less than five years, and have been 
discharged otherwise than in pursuance of any sentence of a 
Court Martial ; and all Staff-officers, who shall have ceased 
to act as such, in consequence o£-the resignation, promo- 
tion (s) or removal of the officers, who appointed them ; and 
such Engine (/) men between thirty and forty-five years of 
age as shall annually produce to the commanding officer of 
[*696] the company within whose bounds they reside, certificates 
Proviso for from the Selectmen of their respective towns, that they have 
S^fi^°amiuaJU been legally appointed and are bound to perform the duties 
*^* of Engine men, and that there are not more than* ten ap- 

pointed to any one engine : Provided^ That each person so 
exempted shall pay to the Treasurer of the town or planta- 
Conditionai tion, within which such exempt resides, two dollars annually, 
te^<»Red forth and produce his receipt therefor to the commanding officer 
m cenaiDcas. ^j ^y^^ company within the bounds of which he resides, on 
or before (t*) the first Monday of April in each year : PrO' 

2. It is provided by cb. 240, § 1, vol. 8, p. 70, as follows: — 
** That in addition to the exempts, allowed by the act, ta which this b ad- 
ditional, all officers who have held, or may hereafler hold commissions in the 
militia of any of the United States, for the term of fiye yean, and have been 
honourably discharged, shall be and they berebj are oxeiDpted from milita- 
ry duty.** 

(s) Seeexparte, Haii, 1 Pick, 261. 

(0 1. The exemption of engine men applies as well to members of volun- 
teer or independent companies, as to those of the standing militia. But the 
right to sach exemption is waived, if it exist at the time the party enlists into 
such volunteer eompiny. Com, V8, Smith, 14 Mass. 874. In Hamilton 
vs. Shepherd, 8 Pick, 226, it was held» that ** The appointment of a mem- 
bar of a volunteer company in the militia to be an engine man, exempts him 
from militia duty, bat does not discharge him froni his enlistment, and if he 
ceases to be an engine man before the expiration of the term of the enlist- 
ment, his liability to do duty in snch company revives. And this liability will 
not be afiected by his enlisting, while so exempted, in another volonteer 
company and receiving a non-commissioned officer's warrant therein." 

2. By ch. 240, vol 8, p. 70, so much of this chapter as relates to engine 
men, is repealed. See ch. 182, ante p. 692. They are further conditionally 
exempted, by ch. 606, vol. 8, p. 866. 

(ti) So it is not sufficient to produce such certificate after the trainiog. 
Com, V8, Smith, 14 Maae. 874. See note o, above. 



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MaiTU. 815 

vided aUoy Nothbg contained in this section shall be constru- Ch. 164. 
ed to prevent the conditional exempts, therein named, from q^^^TT^ 
being called forth to execute the laws of the United States, exempts may 
or of this State, to suppress insurrection and repel inva* in certain cas- 
sion(c). ^* 

Sect. 3. Be it further enacted^ That all persons liable ExemptB par- 
by law to the performance of militaiy duty, who are or may 40 and 45^*^ 
be between the ages of forty (w) and forty-five years, be, and y«a"<>^*««- 
they hereby are exempted from all military duty, except that 
of being detatched or called forth to execute the laws of the 
United States, or of this State, to suppress insurrections and 
repel invasions, and of keeping themselves constantly fur- 
nished with the arms and equipments required by the laws of 
the United States, and the duty of carrying or sending (x) 
them on the first Tuesday of May annually, to the place of 
inspection or view of arms of the company within the bounds 
of wluch they may reside, and in which they may be enroll- 
ed; and the duty of attending the elecdon of company 
o£5cers. 

Sect. 4. BeU further enactedj That the said Treasur- TreaBurera of 
crs shall severally keep a fair account of all monies by them ^^^^oC^^o- 
received by virtue of this act, subject at all times to the in- "i«« received 

^ ^ of conditional 

{v) The legislature haa power to revoke on exemption from lerTiiig in the 
militia, before granted to a certain claes of ehizena, and to reqaire them to 
do military duty. Com. va. Bird, 12 Jl£a$a. 448. 

(10) It ii provided by act passed March 9, 1882, ch. 45, § 11, as fol- 
lows : — 

** That the exemption allowed to persons between the ages of forty and 
forty-five years by the third section of an act entitled an act to or^ 
ganize, govern and discipline the Militia of this State, passed the twenty-firat 
tlay of March one thousand eight hondred and twenty-one, be and hoMby are 
extended to all persons between the ages of thirty-fire and forty-five yean, 
they being held subject to all the doties and restriotioiis, in said section spe- 
cified.*' 

(jt) It is provided by oh. 288, $ 2, voL 8, p. 124, as follows : — 
** That every non-commissioned officer or private, who by the set to which 
this is additional, b permitted to send his arms and eqa^pmeots ibr impeetimi 
on the first Tuesday of May shall neglect so to do, or shall on said day lend 
or sell them so that they may be inspected as the preperty of anodier, shall 
forfeit two dollars and fifty cents, to be saed for and appropriated aeeoi^^ 
lo the provisions of this act and the act to which thts i» eddStioBal." 

Vol. II. 35 



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816 MILITIA. 

Ch. 164. spection of any of the commanding officers of the company 

^-^"'^~' or companies in the towns, or plantations, to which they 

pay over to belong ; and shall annually, on or before the second Wednes- 

rer. * day of January, transmit to the Treasurer of the State, a 

fair account of all monies so by them received ; and shall 

within thirty days thereafter pay the amount thereof into the 

treasury of this State, and the same shall there constitute a 

fund to be appropriated and disposed of as the Legislature 

shall, from time to time direct, for the sole purpose of arm^ 

ing, equipping and uniforming the militia. 

Suidenta of Sect. 6. Be it further enacted. That all students of any 

colleges &c. to ^7 j 

be enrolled in College, Thcological Seminary, or Academy, shall be en- 
where their rolled and held to do duty only in the towns and plantations,* 
iw wtablieh- whcrciu their residence is established according to law. 
^ [•6971 Sect. 6. Be it further enacted^ That the Governor be. 

Governor and and he hereby is authorized and empowered, by and with the 

council to ar- , , l ^ ^ 

ran^e and or- advice of the Council, to organize and arrange the militia of 
^mze e mi- ^.^ State, Conformably to the laws of the United States, and 
S^r/i^iSio ^° make such alterations therein, as from time to tinoe, may 
§ 2.] be deemed necessary (y) . And that all applications or peti- 

and companies tions foT raising Companies at large, and for alterations in the 
arrangement of the militia, shall be made to the Governor^ 
and he by and with the advice and consent of the Council, 
is hereby authorized to grant such petitions or applications 
as to him may appear proper : Provided, The present organ- 
ization and arrangement of the militia shall continue until 
the Governor, with advice of the Council, shall otherwise 
order (z) . 

(y) 1. See notej, § 8, ante p. 606. 

2. *< Where a regiment of militia, to which a volniiteer company of light 
infantry was attached, was by order of the governor and coancil formed into 
two reg'iments, it was holden that such coaipany was attached to the regi- 
ment comprehending the towns to which most of the members of the compa- 
ny belonged." Com. 99* Thaxter^ 11 Mats. 866. See C«m. vs. AUm^ 
16 Mass, S23. 
(«) 1. It is provided by oh. 810, § 16, rol. 8, p. 166, at followt :^ 

*< Thai the GoTemor, with adviee and content of Connoil, be, and he here- 
by is, anthorized to ofganiss iodependent battalions of infantry, with a 
battalion staflf, where tha ieoal. sitaation of the troopa is wasAk that th^y can- 
not be convenioitly connected to a rdgiment. And where by the diTisioa of 
any corps, a new division or brigade shall be so formed as to leave bat three 



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MILITIA. 



8l7 



Sect. 7. Bt U Jurther enacted^ That the commissioned Ch. 164. 
officers of the militia, named in the aforesaid laws of the ^j^^'J^]^ 
United States, shall be chosen and appointed in manner fol- 

lowing : 

rTo be chocen by the SeDole nod Hooee of 

J Representatives, eacli having a neffative on 
Tlu Major Gaierals < ^\^ ©tbep, and to be commisBioned by the 

I Governor. 
^ . j^ -. C To l)c appointed (a) by the Governor with the 
The Adjutani General ondQuarUr \ ^^^.^ oT Council, with the rank of Brigadier 
Matter General ^ General. 

rTo be appointed by the Major Generals of 
The Division Ltspectors < their respective divisions, with the rank of 

CLieat.Cok>nei. 
The Aids-de-Camp of the Major ( To be appointed by their respective Major 
Generals \ Generals, with the rank of Major. 

rTo be appointed by the Major Generals of 
The Division Quarter Masters < their respective Divisions, with the rank of 

C Major. 

TV >M ogitn, of Ttghn^a, and 5 7? »» '*r"l«{.l!^.'T/Xir™.it^ ^T 

battalions -^ * < tains and subalterns of their respective regi- 

Cments and battalions. 
The Captains and BabaUems o/" J To bo chosen by the written votes of the 

companies \ members of their respective companies. 

The AdjutatUSy the Quarter Mas^t To be appointed by the Colonels of their rc- 

ters and the Pay Masters of reg- ^ spective regiments, with the rank of Lieuten- 

'*"*"'" lant 



iments 

The Chaplains, Ute Bursreons, and i To he appointed by the Cotenels of their re- 
tlie Surgeons' Mates of regimenu} ppecUveTegiments. 

compaoies of any regiment of cavalry or artillery, or where by the disband- 
ing of any company, sach regiment of cavalry or artillery shall beredaced to 
three compaBiet, sach three companief shall still constitute a regiment, and 
all the officen thereof shall retain their command and rank, the aame at 
tboDgh said corps had not been reduced.** 

2. It is provided by act pasted March 0, 1882, § 12, ** That companiet 
of cavalry, artillery, light infantry, grenadiers or riflemen may be raited 
at large, when the atanding companiet shall not be thereby reduced to a less 
nnmber than forty effective privates." 

(a) It M provided bycb. 424, vol. 8, p. 268, as follows : — 
** That the tenure of the office of the Adjutant General of the militia of this 
State, be and hereby is limited to the term of four years from the time of ap* 
pointment : Provided however. That the person now in that office may bold 
the same, for the space of four yeart from the patting of this act. And pro- 
vided further, That nothing herein contained shall prevent the pretent in- 
cnmbenc, or any one who may be hereafter appointed, from being removed 
from office at any time before the expiration of taid term of- four yeara^at 
the pleature of the Governor and Coancil.'* 



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318 MnJTIA. 

Ch. 164. And the aforenamed officers shall be commissioned by the 
^^"v"*-' Qovernor. 
Non-commui. Sect- 8. Be it fwthtr enacted, That the non^ommis- 
£*^^S! sioned officers, named in the aforesaid laws of the United 

«. . ^ , States, shall be appointed in the manner following : 

£Ib. § 4. J ' '^'• 

!To be appointed by the Captains of their re- 
spective companies, who shall forthwith make 
return thereof to the Commanding officers (6) 
of tlieir respective regiments or battaUons and 
they shall grant them warrants accordingly. 

Sect. 9. Be it fwrther enacted. That in addition to the 
Governor's commissioned and non-commissioned officers above enumer- 

aids. 



[lb. §6.) 



ated, the following officers and non-commissioned officers 
shall be appomted m the manner following : 

Aid»-dc'Campto the Commander in CTo be appointed and commissioned Inr die 
Chief, not to exceed four in mim- < Governor, with the rank of Lientenant Colo- 
ber Cnel. 

r To be nominaied 6j( the Major General of 

[fRepealed ; a Jud^e Advocate for each Pnw- j each Divinon, and if approved by the Oov- 

see ch. 867, ion ) cmor, to he commienoned by Mm, with the 

vol. 8, p. 217.] I rank of Major.i 

(*69D] , ^ ^ .. , , jri ^ w.^^^rTobeappointcdbytheCoimiiandingofltoersof 

Adjutant and An* i<4/«to«£ <md QwxrterMasUrl ^^.^ ;Slpective battalions, and to be commis- 

quarter master to each battalum of artUlery an(i< ^^^^ ^ ^ Governor, with the rank of 

of artillery and cavalry I Lieutenant. 

cavalry. ^ Quarter Master Sergeant, and a f 

Non-commis. Sergeant Major (c) to each reH- J To be appointed by the Colonels of their re- 

sioned reffi- "^^^ ^^ * Drwn and Fife Ma- 1 spective regiments, who shall grant them war- 

menul st^Tof- ^'^ Master , Deputy Master and rants accordingly. 

g^j^ Musicians of the regimental bands [^ 

in artillery and '''**«*"*^ v arnu^nf anu cavairy ^ ^j^^^ warrants accordingly. 

^"^^ Sect. 10. Be it Jurther enacted. That each Major Gen- 

Major general cral, be and he hereby is authorized, and it shall be his duty 

to give orders ^ . . .,111 r 

■ for elections, from time to time to give all such orders, as may be necessa- 
(Ib. § 6.] ry> ^^^ filling by election any vacancy or vacancies of Briga- 
dier General, Field Officer, Captain or Subaltern, which does 
Etoctors to °^^ ^^ ^^y hereafter exist, within his division. And pre- 
have 10 days' yious to any such election, the electors shall have ten days' 

notice. • r 

Returns to be notice thereof at least ; and all returns of elections, or of 
neglects or refusals to elect, shall be made to the Command- 



made to Gov- 
cmor< 



(6) The comDiandiag officer of a regiment, for the time being, is the 
proper officer to sign the sergeant's warrant Tripp vs. Garty, 7 {?(/! 266. 

(c) A private in A volantaer c^mpanj is capable of an oppointment to the 
office of sergeant major of the regiment, to which the company is attached : 
And so long as he retoinf the offioe, he is excmed from doing doty in the 
company. Com, m. Thaxttr, 11 Ma$9, 886. 



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MIUTU* 819 

er in Chief, by the Major Geiierals m whose divisions such Ch. 164. 



Governor to 



elections shall have been ordered ; and in case of neglect or 
refusal by the electors to elect (d) any officer, when duly no- apiMiDt when 
tified and ordered thereto, the Governor with the advice of ^. '^ °^' 
Council shall appoint some suitable person to fill such vacan- 
cy. And all cominissioDs shall be transmitted to the Major conjmi^iona 
Generals and be regularly passed down to the persons enti- to be sent to 

major ffeneral 

tied to receive them. And every person, who shall be elected and pawed 
to any office as aforesaid, and shall not within ten (e) days, ^^°' 
after he shall have been notified of his election, by the officer 
who presided thereat, (exceptbg in case of the choice of Ma- Officers elect 
jor General, who shall be aUowed thirty days after he shall be toaeceptorde- 
notified by the Secretary of this State,) signify his acceptance ^^^* 
thereof, shall be considered as declining to serve, and orders 
shall be forthwith issued for a new choice. And the com- 
mission of every officer shall designate^ the division, brigade, [noo] 
regiment or battalion, and the corps in which he shall be 
commissioned, and all officers shall take rank from the day 
of their elections or appointments respectively, which shall 
be designated in their commissions. And whenever an offi- officer* tnm- 
cer is transferred from one corps or station to another in the ^'^^ ^^^ ^ 
same grade, tlie day of the date of his original appointment 
or election shall be expressed in his new commission, and 

{d) 1. It is provided by act patted March 9, 1832, § 5, as follows : — 

**That if any company shall refose to, or neglect to choose oiScers, when 
thereto required, or refuse er neglect to do duty as prescribed by law, the 
Colonel or Commanding officer of the Regiment to which said company be- 
longs, shall report the fact to the Commander in Chief, who shaH immediate- 
ly disband said company, and order the non-commissioned officers, musicians 
and privates thereof to be enrolled in the oldest adjoining standing company, 
and tbey shall be held to do therein all the duties required by law. 
2. It is provided by eh. 819, § 7, vol. 8, p. 165, as follows : — 
<*That no election for the efaoice of Brigadier General or field officer shall 
be valid, unless a majority of all the electors, qualified by law to vote in 
such choice, (counting all existbg vacancies in the offices of such electors) 
shall be present at such election.** 

(e) It is provided by act passed March 9, 1832, § 10, as follows :-^ 
**That any person, who may be elected to any office in any compaay of 
the militia, shall have one hour after notice of his election in which to accept 
or refuse the same ; and if he shall not signify his aocepiasee of said office 
within said time of one hour he shall be considered by the presiding officer 
as having declined the same.'* 



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820 MlLItlA. 

Ch. 164. that day be considered the date o^ his commission. And 

'-^^''^^^ wJien an officer shall by fire or other cfmiaUy^ lose his com- 

mission^ upon his making an affidavit thereof ^ before any 

Judge or Justice of any Court of Record^ in the county where 

i«rrepe^ic?; ^ rcsidcs^ ou such affidavit being produced at the Mjutant 

Me ch. 819, § GeneraVs office, he shall be entitled to receive a new comrnis' 

6, Tol. 8. p. a/ ' 

166.] sion of the same tenor and date as the one so lost as aforesaid, f 

Rankofoffi. And all officers when on duty shall take rank by the dates of 
^"ateofawn- their commiasions as above defined. And when two or more 
miMions: officcrs of the same grade are on duty together, and their 
^ra^ ** n?^' commissions bear an equal date, and former pretensions of 
date, how set- some Commission do not decide, then their relative rank with 

tied. 

each other shall be determined by lot, to be drawn by them 
before the Commanding officer present, and when on court 
martial before the president thereof. 

Sect. 11. Be it further enacted^ That every officer, 
c^nmiMioDcd duly Commissioned in pursuance of the provisions of this 
oflfee. act, shall, before he enters upon the discharge of the duties 

[lb. § 7.1 of his office, take and subscribe the oaths required by the 
Oath before Constitution, before some Justice of the Peace, or before 
whom. sQine superior Field, or General officer, or Staff officer of 

the rank of Field officer, who has previously taken and sub- 
scribed them himself. And on the back of every military 
commission the following form of certificate of qualification 

shall be printed. 

"STATE OF MAINE. 

This may certify, that , commiraioned as within, on this — daj of 

Cmificate of ^ \^ d^ ig — ^ personally appeared and took and subscribed the oaths requir- 
ed by the Constitution of this State, to qualify him to discharge the duties of his 
office. Before me, , ." 

[♦701] Sect. 12.*^ Be it further enacted ^ That to every com- 

cierk of com- p^ny there shall be a clerk, who shall be one of the sergeants, 

•'^^y* and he shall be appointed by the Captain or Commanding 

[lb. § 8.] officer of the company, and on the back of his warrant as 

sergeant, the Captain or Commanding officer of the company, 

shall in writing certify (/) that he does thereby appoint him to 

(/) 1. Where the clerk of a militia conipaDy had no other evidence of his 
appointment than a certificate on the back of his sergeant's warrant, stating 
that he, <' appointed clerk, &c.'* had taken the oath of office— it was held 
not safficient to aatisfy the reqairement of § 12. Abbott «9. Crawford^ 6 
Glf, 214. See onward. 



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MILITU. 821 

be clerk of the company. And before such clerk enters upon Ch. 164. 

the duties of his clerkship, he shall be sworn (g) to the faith- o^^tToTcierk 

ful discharge of his duty, by taking the following oath before 

the captain or commanding officer of the company to which 

he belongs, who is hereby authorized to administer the same, 

viz. 

"I, A. B. do solemnly 9%rear, that I will fiiithfuUy and impartially perform all 
the duties incumbent on me, as Clerk of the company to which I belong* according 
to the best of my abilities and understanding. So help me GOD" 

And the Captain or Commanding officer of the company captain to ad- 
shall at the time of his administering said oath, certify on the J^'c^rk^ ***^ 
back of the warrant of the sergeant appointed to be clerk 
that he was duly qualified, by taking the oath required by 
law. And it shall be the duty of the clerk to keep a fair 
and exact roll of the company, together with the state of the ^^^"^o^^^''- 
arms and equipments, belonging to each man, which roll he 
shall annually revise, in the month of May, and correct the 
same, from time to time, as the state of, and alterations in, 
the company may require ; to register all orders and pro- 
ceedings of the company, in the orderly book ; to keep exact 

2. The only legal evidence of the appointment of a clerk of a company 
of militia, ia the captain's certificate on the back of his fergeant's warrant, 
** that he does thereby appoint him to be clerk of the company." Tripp vs, 
Garey, 7 Glf. 266. 

8. On the back of a sergeant's warrant was a certificate that he had *< tak- 
en and subscribed the oath according to law before me, J. T. W. command- 
ing officer." Hcldf that this was not a sofficient certificate of his being ap- 
pointed clerk of the company, and that it could not be amended by inserting 
the words of appointment, to sustain a prosecution commenced by him 
as clerk. Com, «s. HalU 8 Pick. 262. But— 

4. Where a captain of a company of milida certified on the war- 
rant of a sergeant, that such sergeant * has been appointed clerk of said 
company and has taken the oath necessary to qualify him to discharge the 
duties of his office,' without dating the certificate, it was held, that the cap- 
tain (then become major) might amend by affixing the date, and also that 
parol evidence of the time was admissible ; that the oath roust be presumed 
to have been administered by the captain ; and that the aertifioate was suffi- 
cient, though it did not set forth the oath which was administered. Clap- 
pet t>s. Watson, 8 Pick, 449. 

5. A captain has a right to accept the resignation of the clerk of his com- 
pany. Field's cases, 9 Pick. 41. 

(g) P«rol evidence that the clerk had been duly sworR, ia not admissible ; 
but the fact must be proved by certificate cm the back of warrant by the offi- 
cer who administered the oath. Sherman vs, JVeed Aam, 4 Pick. 66. 



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822 MILITIA. 

Ch. 164. details of all drafts and deUchments; to assist the Com- 
^■^"^^^^^ manding officer of the companj, in the enrolment thereof; 
and also in enrolling (h) of all such persons without partiality 
or favour, liable to any military duty, coming to live within 
his company bounds, as he may from time to time be inform- 
ed thereof; to distribute all company orders and notifications, 
which he may be required to do ; to examine the equipments 
of the men, when ordered ; to note all delinquencies, to 
sue (t) for and recover all fines and forfeitures, which are 
required by this act, to be sued for and recovered ty him ; 
to keep accounts in the orderly book of all fines and forfeit- 
ures, and all other monies, collected by him, with the per- 
sons' names, of whom they were collected, and of the times 
when, and for what ofi^ence, neglect, default, or deficiency ; 
[♦702] which* book shall not be alienated from the company, and 
shall always be open to the inspection of any officer of the 
company. 

Sect. 13. Be it further enacted, That the officers of 

(A) 1. The day on which the name of a person is placed on the muster roU, 
should be entered in the proper colaran for that purpose in the form prescrib- 
ed bj the Adjutant General ; and parol evidence is not admissible to supply 
the omission of such entry. Sawtelffs, Davis, 6 Glf, 488. 

2. C. J. H. was enrolled in a company by the name of C. H. Held, that 
he was not duly enrolled. Com. vs. Hall, 8 Pick. 262. 

8. A person haying a temporary residence for a special purpose at a place 
where he is not domiciled, is not liable to be there enrolled in the militia. 
Com* V8. Swan, 1 Pick. 196. 

(0 It is provided by act passed March 9, 1882. § 8» ** That in every 
case in which it is made the duty of any clerk to proMCUte for any fines in- 
curred by virtue of this act, or the act to which this is additional, if said clerk 
shall unreasonably refuse to prosecute for the same, he shall pay a fine of 
five dollars for eaeh and every such neglect, to be recovered by complaint 
before any Justice of the Peace for the county in which said clerk resides. 
And if there be no clerk to prosecute, as aforesaid, the captain, or command- 
ing officer of the company shall prosecute for said fines, for the use of the 
company, and upon neglect so to do, shall be subjected to trial by a court 
martial ; and if found guilty, shall be removed from office : Provided how- 
ever. That such complaint may be made before the Judge of the Municipal 
Court when the cause of complaint shall arise in the town of Portland.'* 

And by % 4, of same act, " That the commission of captain, or command- 
ing officer of any company shall, in all actions for the recovery of fines, or 
forfeitures, under i\m act or the act to which this is additioDal, ht deemed 
sofficient evidence of the ofganiEatktt of neb company." 



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MIUTIA. 823 

the Militia (chaplains excepted) while on duty, shall wear a Ch. 164. 
uDifonn dress, to consist of a blue cloth coat, with giltf but- ^-^'^^"^^ 
tons with a star raised thereon, and other articles of dress of leeXs^/ 
such color and fashion, and with such equipments as shall be ^***' ^' ^' ^^'^ 
prescribed by the Commander in Chief; except where the 
same is regulated by the laws of the United States. 

Sect. 14. Be it further enacted^ That every officer, Uniform of of 
non-commissioned officer, and private, shall hold his uniform yat^ exempts- 
exempted from all suits, distresses, executions or sales for tochment *&c. 
debt, or the payment of taxes. And no officer, non-commis- officers and 
sioned officer, nor private shall be arrested on any civil pro- privates cx- 

. . . . empled from 

cess, during his going unto, returnmg from, or his perform- arrest while on 

ance of military duty ; nor during his going unto, remaining SV. ^* 

at, or returning from any place, at which he may be ordered ^xb $ ii.] 

to meet for the election of any officer or "officers. And no 

officer shall be arrested on any civil process while going unto, 

serving upon, or returning from any court martial, court of 

inquiry, or board of officers, upon which it may be the duty 

of such officer to attend. 

Sect. 15. Be it further euMtedj That every officer, ^^ 

Officerty pn« 
non-commissioned officer and private of infantry, light infan- vates, d&c. to 

try, cavalry, artillery, grenadiers and riflemen, shall constant- an^and^ 
ly(j) keep himself furnished and provided with arms and ®*i"*pp®^' 
equipments required by the laws of the United States before t^* ^ ^'^ 
recited, except such private as shall not be able so to provide 
himself. And no private shall be considered unable to pro- 
vide himself with the arms and equipments required as afore- 
said, unless he shall produce, after the first day of April and 
before the first Tuesday of May annually, to the conunanding 
officer of the company to which he belongs, a certificate of 
such inability, from the Overseers of the poor, of the town 
or district where he resides. And the Commanding officer 

(;) 1. Notwithstanding the provisions of § 2 of the U. S. act of Mar. 2, 1803,t [tSee ant«, p. 
and of § 16 of this act, a non-commissioned officer or soldier is not liable to ^^^*1 
a penalty for a deficiencj in his eqoipments, until six months after ht is no- 
tified of his enrolment. Com, vs. jinnU, 9 Mass. 81. 

2. A citizen is not liable to a penalty for nott-appearance at a company 
training, &c. nntil six months after he Is notified othisfirsi enrolment in the 
militia. It seems that be is not eatiUed more than once to this six months 
indolgence. Haynes vs. Jenks, 2 Pick. 172. 

Vol. II. 36 



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gJ4 MILITIA. 

Ch. 164. of the company to which such private belongs, shall forth- 
"'^"^^"^ with lay such certificate before the Selectmett of die toWii or 
Sektetmen t6 district where such private resides. And it shall be the duty 
^Ti^nl^ of such Selectmen, forthwith, at the expense of their re- 
ST^SbUityTf spectlve* towns or districts, to provide for every such pri- 
privates to for- y^te the ariDs and equipments required as aforesaid, and they 

niah them- ' , . /• j • * i 

•^Jves. shall deposite tbe same m some safe and convement place, 

^*^^' and shall permit the Commanding officer of the company, to 

which such private, unable to provide himself, as aforesaid, 

belongs, to deliver such arms and equipments to such private, 

Commaodiiig wheifever bis company shall be ordered out for any military 

ofleera to be dutv. And the said commanding officer shaH be responsible 

responsible for i' - , * • u i 

safe keeping of for the Safe retum of such arms and equipmetrts to the place 

arms* &c. so 

proTided. of deposit. 

Vacancies of Sect. 16. Be it further enacted, That whenever the 
SThoV*^^ office of Major General, Brigadier General, Colonel, Major 
▼ided for. Commandant, or of Captain, shall be vacant, the officer next 
[lb. § 18.] In grade and in commission, in the division, brigade, regi- 
ment, battalion, or company, shall exercise the command, 
and perform the duties thereof, until the vacancy shall be 
supplied. And in case of the sickness, absence, or other 
inability of the clerk of any company, the Commanding offi- 
cer thereof is hereby authorized to appoint a clerk pro tem- 
pore, who shall be duly sworn before he enters on the duties 
of the office ; and ©hall for the time expressed in his appoint- 
ment or till specially discharged, have all the powers, and be 
subject to all the duties, and be liable to all the penalties of 
Vacancies of the clerk, in whose place he is put. And whenever a com- 
^'how pro- pany shall have neither officers nor non-conmiissioned offi- 
Tided for. ^^^^^ ^j^^ Commanding officer of the regiment or battalion, to 
which such company belongs, shall appoint suitable persons 
within said company to be non-commissioned officers of the 
same, and grant them warrants accordingly, one of wliich 
non-commissioned officers he shall appoint clerk, and shall 
endorse the warrant of the non*commissioned officer, ap- 
pointed clerk, and administer the oath to him, as required by 
the Commanding officers of companies, in the twelfth section 
of this act, and the senior non-commissioned officer of a 
company, while there are no commissioned officers in office, 



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IIIUTU. 835 

•hall tomniaQd the same; and all the authorities and powers Ch. 164. 
of CoiDmandUig officer shall be vested in him, until some ^"^^"^"^ 
commissioned officer shall be chosen or appointed and .has 
qualified himself: Provided however. That when a company, ComMny pa- 
destitute of oonmiissioned officers, shall parade with other* ^^iifJJlSf 
troops, the Commanding officer present shall assign some ^J^SSSd?*^ 
commissioned officer or officers to such destitute company, [*704] 
to command the same while on parade. 

Sect. 17. Beit further enacted (k). That [in] each brig- Artillery, bow 
ade, where there are now, or may hereafter be two companies ^d^ped. 
of artillery, they shall form a battalion, and be entitled to a Ma- ^j^^ x 14.] 
jor, an Adjutant, and a Quarter Master ; that in each brigade, 
where there are now, or shall hereafter be three companies 
of artillery, they shall still form one battalion ; and that in 
each brigade, where there are now, or may hereafter be four 
companies of artillery, they shall form a regiment of two 
battalions, and be entitled to a Colonel, Lieutenant Colonel, 
and Major. And each company of artillery shall be provided pjeia pieoctf 
by the Quarter Master General with two good brass field ^"^ prorided. 
pieces, of such calibre as the Commander in Chief may 
direct, with carriages and apparatus complete ; an ammuni- 
tion cart, forty round shot, and forty rounds of cannister shot ; 
also tumbrib, harness, implements, laboratory, and ordnance 
stores, which may from time to time be necessary for their 
complete equipment for the field. And the Commander in AmmuDition, 
Chief shall order to be issued, to each company of artillery, nishedbyquar. 
annually, a quantity of powder, not exceeding forty pounds, SaT***^**"" 
which shall be expended on days of inspection or review, 
and in experimental gunnery. And the commanding officer 
of every company of artillery shall be accountable for the 
careful preservation of the pieces, and all the apparatus 
aforesaid appertaining to their equipment, and for the proper 
expenditure of the ammunition supplied by the government. 
And the commanding officer of every company of artillery 
shall lay before the committee on accounts for allowance, his 
accounts of money actually expended in providing horses to 
draw the field pieces and tumbril of his company : Provided proyito. 
however, No allowance shall be made, unless such company 

ik) Ste notM y and t, 9 tf» ante p. SIS. 



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826 



MIUTU. 



Ch. 164. is ordered to appear at a battalion, regimental, brigade, or 
'-^^^^"^-^ dirision inspection, or review, or unless such company is 



Dri?erf to be 
tnliiled. 



[n06) 



Cavalry, how 
arranged and 
equipped. 



Men drafted 
from cavalry to 
have their 
boraef apprais- 

•d. 



Cavalry, artil- 
lery, &c. not 
to be raised by 
reducing 
standing com- 
panies below 
48 prKates. 



ordered on duty by the Commander in Chief. And each 
commanding officer of a company of artillery is hereby au- 
thorized to enlist three drivers, who, when filiated, shall be 
exempted from other military duty, except* that of keeping 
the harnesses and apparatus of the carriages, belonging to the 
company, in good order. 

Sect. 18. Be it further enacted^ That where there are 
now, or may hereafter be, two companies of cavalry in a 
brigade, they shall form a battalion, and be entitled to a Ma- 
jor, an Adjutant and a Quarter Master. And in those brigades, 
where there are now, or may hereafter be, three companies 
of cavalry, they shall still form a battalion ; and in each brig- 
ade, where there are now, or may hereafter be, four compa- 
nies of cavalry, they shall form a regiment of two battalions, 
and be entitled to a Colonel, Lieutenant Colonel and Major. 
And if any non-commissioned officer or private of any com- 
pany of cavalry shall be destitute of a suitable horse and 
furniture for more than two months, at one time, it shall be 
the duty of the Commanding officer of the company imme- 
diately to apply to the Brigadier General of the brigade, who 
may discharge such non-commissioned officer or private from 
such company, and cause him to be enrolled in the standing 
company within whose bounds he resides, and if he be a non- 
commissioned officer, be shall be considered as reduced to 
the ranks. And when any draft or detachment shall be made 
from any company of cavalry for actual service, the men 
drafted or detached shall march with their own horses, and 
before they march, if there be time, the horses shall be ap- 
praised by three impartial men, to be appointed by the Com- 
manding officer of the brigade, to which the company belongs, 
from which the draft or detachment is ordered. 

Sect. 19. Be it further enacted^ That no company of 
cavalry, artillery, light infantry, grenadiers, or riflemen, shall 
be raised at large when any of the standing companies shall 
thereby be reduced to a less number than forty-eight effective 
privates (Z); and if any officer of cavalry, artillery, light 

(/) It IB provided by ch. 476, vol. 8, p. 822 :— 

**Tbat whenever aoy peraon shall eolist into any companj of Cavalry, Ar- 



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MILITIA. 827 

infantry, grenadiers, or riflemen, shall enlist any men, belong- Ch. 164. . 
ing to a standing company, or residing within the bounds ,j^^?^^ 
thereof, for the purpose of forming or recruiting his compa- 
ny, when by means thereof such standing company would be 
reduced to a less number than forty-eight (m) effective pri- 
vates borne on the company roll, exclusive of those between 
the ages of forty and forty-five years, such enlistment shall 
be void.* And if any company, raised at large, shall at any [no6] 
time be destitute of commissioned officers, and shall neglect oompwiief, 
to fill the vacancies for two months, after being ordered to nUned at large, 

" may be dis- 

choose officers to fill them, or if any such company shall be banded in cer- 

. taio cases. 

reduced to a less number than twenty privates, and remain 
so for three months, then in either case as aforesaid, such 
company shall be disbanded, and the men which belonged to 
such delinquent company shall be enrolled in the standing 
company within the bounds of which they respectively re- 
side (n). And all companies, raised at large, and not annex- 

tiUery, Light iDiantry, Grenadien, or Riflemen, the comnuuiding officer of 
the company, into which each person may enlist, shall give notice thereof, in 
writing, to the commanding officer of the standing company, to [in] which 
snch person is liable to do dnty, withm five days from the time of such en- 
liatment, and state in snch notice, the date of enlistment, otberwiee the aane 
shall be void, althongh the standing companj abonld not thereby be reduced 
to a less number than forty-eight effective privates.** 

(m) A private in the militia is not discharged from the company to which 
he belongs by an absence of six months from the brigade, without an inten- 
tion to change his domicil. Com, vs. Walker ^ A Mass. 550. See note to 
Art 14, of § 46, onward. 

(n) 1. A standing company of militia being without any officers, orderly 
book or company roll, and having, in order to avoid military duty, frequently 
elected as officers persons who it was known wonid decline, the commander 
in chief made a general order to disband the company, provided they should, 
after due notice, refuse or neglect to choose officers who would bring them 
into aervice. After this a meeting was warned, (but in what manner did not 
appear,) in pursuance of verbal orders to several privates, and forty or fifty 
members attended and elected six persons successively as captain, who all 
declined. Another meeting was warned by posting up notice in a public 
place, and a major part of the company attended and elected a person cap- 
uin who deoliaed; after which the company was disbanded. It was Jieid, 
that the notice of the meetings, though it might not be strkstly legal so as to 
give validity to an election, was yet sufficient for the purpose of allowing the 
company to avail themselves of the indulgence of the commander in chief. 
Adams Certiorari^ 4 Pick. 26. 
2. See note d, 1, ante p. 819. 



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828 MILITIA. 

Ch. 164. ed to any particular regiment, shall be subject to the orders 
^-^""^"^^ of the commanding officer of the brigade in which they have 
been raised ; and shall make their elections of officers in the 
same manner as other companies, but shall make their re- 
turns of elections to the commanding officer of the brigade. 
And at all parades of regiments, the companies comnuinded 
by the two senior Captains shall act as light infantry compa- 
nies, except where companies of light infantry, grenadiers, 
or riflemen, have been or may be hereafter raised and annex- 
ed to the regiment. 
RegimeDtai Sect. 20. Beit further enactedj That each Colonel or 

to be railed. Commanding officer of a regiment be, and he is hereby 
authorised, to raise, by voluntary enlistment, within his own 
regiment, or any adjoming regiment, with the written consent 
of the Commanding officer of such redment, and organize 

How organir- , , ,. , . , . , . . , , *. . 

ed. and estabhsh withm his regiment a band of music not to 

[n>. § 17.J exceed twenty musicians, including one master and one 

deputy master, and the Colonel or Commanding officer shall 

grant the musicians, deputy master and master of such band, 

warrants as such (o) . 

And each band shall be under the direction of the Com- 
manding officer of the regiment in which it is organised. 
Duties, ace. And it shall be the duty of the master and deputy master, 

to teach, lead and command such band, and to issue all such 
orders as they may be, by their Colonel or Commanding 
officer, authorised to do for these purposes. 

And each master, deputy master and musician shell con- 
stantly keep himself provided with the uniform of the band 
to which he belongs, which uniform is to be prescribed in 
, the same manner as the uniform of the regiment to which 
l*TOT) the* band belongs — and shall also keep himself constantly 
provided with such instrument or instruments, as may be 
directed by the Commanding officer of the regiment. 

And the bands belonging to the regiments, shall also be 
under the Brigadier General or the Commanding officer of 
the brigade, (the senior master present, having the direction 
of said bands,) wherever the said regiments shall meet in 
brigade. 

(o) See act ptned March 18, 1888. 



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MIUTIA. 829 

And if any master, deputy master or musician shall be Ch. 164. 
guilty of any neglect of duty, disobedience of orders, disor- j^^'^^^^^^ 
derly or other unmilitary conduct, be shall forfeit not less how panisbed 
than five nor more than twenty dollars, for each offence, one dilio^ieiice, 
half thereof to the use of the officer, suing therefor, and the ^^* 
other half to the Colonel of the regiment, to which the offen- 
der may belong, for the purchase and repair of musical instru- 
ments for said band, to be sued for by the Adjutant of the 
regiment ; or by the Brigade Major of the brigade, if assem- 
bled in brigade ; in an action on the case before any Justice 
of the Peace in the county where the offender resides, and 
no appeal shall be allowed to either party ; and such master, 
deputy master or musician, shall moreover be liable to be 
removed from the band at the discretion of the Colonel or 
Commanding officer of the regiment, within which such band 
is organized, and shall forthwith be enrolled as a private in 
the standing company, within the bounds of which he resides. 

And each master, deputy master and musician of a band, Mwiciaiw 
shall be exempted from all military duty while belonging to •J'^.fr*^ 
the band, excepting such as shall be required of him by the doty. 
Colonel or Commanding officer of the regin>ent, or by the 
Brigadier General or Commanding officer of the brigade when 
the regiments are assembled in Brigade. 

Sect. 21. Be it further enacted y That every Command- compani€«u> 
ing officer of a company shall parade his company on the i^.S^'S^^**' 
first Tuesday of May(p) annually, at one of the clock in the ^« ^J*li^'*?*" 
afternoon, for the purpose of inspecting, examining, and andontwooih- 
taking an exact account of all the equipments of his men, year for train- 
and for noting all delinquencies of appearance, and deficien- "*** 
cies of equipment, and for correcting his company roll, in ^^^' * ^^'^ 
order, diat a thorough in^iectiOD of each company in the 
State may be* made. And it shall be the duty of every [no8] 

(p Thncvof lo^^tkm hate 1>eed ahered; tee eli. 819» vol. 8, p. 162; 
met paMed Xirefa 9, 1882, oh. 45; and act passed March 18, 1888, eh. 90. 

[It is the daty of the commaodiog officer of a company to cause his com- 
pan J to be paraded (br annual inspection and drill, according to the require- 
ment of law, without the order of any superior officer. State vs. Small, 
Smith's Court Martial Reports , 71. Nor can he deTolye this duty upon 
m rabaltern, so as to discharge himself, nor by absenting himself on the ere 
appointed by tsw for this duty. Jb,} 



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830 MILITU. 

Ch. 164. Commanding officer of a company, to parade his company by 

* "-^"^^"^-^ his own order, on two several days in the year for training, 

in addition to the company inspection aforesaid ; and on the 

three several days of training and inspection, to use his best 

exertions, in instructing and perfecting his men, in their com- 

Mode of noti- pany exercise and evolutions. And whenever the Cora- 

ippLrT" ^ manding officer of a company, shall order out his company 

for inspection or training, or for any battalion, regimental, 

brigade, or division inspection, or review, he shall issue his(^) 

orders to some one or more of the non-commissioned officers 

or privates of his company, requiring him or them, to notify 

the men belonging to his company to appear at the time and 

(9) 1. A warning in writing in good Torm, leA at the hoose of a soldier by a 
ttrangor, under the direction of a oon-commiMioned officer, it aofficient. 
Com, vs. Cutter, 8 JliasM. 279. 

2. A private who bad orders from the commandinf officer, made the 
notifications in dae form, and signed them without any declaration that it bad 
been done pnrsnant to orders, and the notifications were holden sufficient. 
Com. «s. Derby , 18 Mass, 433. 

8. An order to a warning officer to warn a meeting of the company, 
signed *'by order of said commanding officer, A. B. cierk,*' instead of being 
signed by the commanding officer himself, is in due form. Field's case, 9 
Pick, 41 . In Com. vs. Kellogg, 9 Pick. 667, it was held that the command- 
ing officer cannot delegate the power of appointing a person to warn his men 
to appear at a company parade. 

4. A non-commissioned officer or private, who is ordered by the com- 
manding officer of his company to warn the members, is not justified in wholly 
disobeying the order, because the number required to be warned by hisB 
is unreasonably large; but he must execute so much of the order as lies in 
his power. Fiske vs. Parker 10 Pick, 184. 

[A notice of a company meeting by a commanding officer to hb subaltern 
officers, need not be in writing, nor transmitted by a third person. State vs, 
Leighton, Smith's Court Martial Reports, 68. 

A written order need not contain the name of the person to whom it is ad- 
dressed, if the order be handed to him by the proper officer in comnuuML 
State vs. Small, lb, 67. 

So a written order with the name of the officer (or wlmm it is intended on 
the back of it is sufficient, although omitted on the inside. State.vs, Moody, 
lb, 80. 

Language capable of being readily understood^ is sufficient to constitute an 
order, without strict regard to form. State vs. Small, lb, 67. 

If an order be understood by the officer to whom it is addressed, as di- 
rected to bun, he will be holden to obey it, although his name is mistaken, 
and he is addressed by a different name. State vs. Hill, lb, 88.] 



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MIUTIA. 831 

place appointed ; and it shall be the duty of the non-com- Ch. 164. 
missioned officer or officers, private or privates, so ordered ^^-^^v-^^ 
as aforesaid, to give notice of the time and place appointed 
for the parade of said company, to each and every man, he 
or they shall have been ordered to notify, either verbally or 
by delivering to each man in person, or by leaving at his 
usual place of abode (r), a written or printed order. And Ltgai notioe. 
no notice shall be legal, for any company inspection or train- 
ing, or for any battalion, regimental, brigade, or division in- 
spection, or review, unless the same shall be given four days 
at least previous to the lime appointed therefor. Provided 
always^ That in case of invasion, insurrection, or other 
emergency, any notice, however short, shall be legal imd 
binding. And in all cases the testimony of the clerk (5) or Proof of no- 
any other non-commissioned officer or private, who shall have ***^" 
received orders to notify the whole or any part of the men, 
of any company to appear at a time and place appointed, for 
any military duty, shall be conclusive to prove, that due no- 
tice was given to the party prosecuted, unless such testimony 
be invalidated by other evidence. And whenever any com- Verbal notice, 
pany shall be paraded, the commanding officer of such compa- 
ny is hereby authorized verbally to notify the men so paraded, 
to appear on some future day, not exceeding thirty days from 
the time of such notification, and such notice shall be legal 
as it respects the men present : Provided^ That no soldier No soldier to 
shall be compelled to perform more than four days military ^ db"£ili^ 
duty in* one year, except in time of war or public danger, fo"fJda**|^ 
and for choice of officers (O* ^^♦•rooi 

Sect. 22. Be it further enacted^ That every Command- Commimding 
ing officer, when on duty, is hereby authorized to ascertain limits to their 

__ parade. 

(r) A warning left at the private'i workshop is not safficient Carr vs. 
Cummingt, 16 Ma$$, 194. So where A. oceapied one half and B. the other 
halfof a dwelling bouse, and a notification was left at R*s part of the boose, 
for A. to appear, &c., it was held to be an insoffioient warning. Wash- 
burn's ceue, 9 Pick. 40. 

(^5) The clerk is incompetent to testify to any other fact than that he gave 
notice to the pritateat such meeting. Com, ffs. PauU, 4 Pick. 251. 

CO See ch. 319, § 2, vol. 8, p. 163; and ch. 413, § 1, toI. 3, p. 261. 
[A company called out for an eleotion of officers cannot be required to per- 
form other duties. State vs. Akers, Smith* s Court Martial Reports , 61.] 

Vol. II. 37 



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832 MILITIA. 

Gh. 164. and fix necessary limits and bounds to bis parade, (no road 
^"•^^-^^^^ in wbicb people usually travel to be included) within which 
no spectator shall have a right to enter, without liberty from 
such commanding officer ; and in case any person shall in- 
trude within the limits of the parade after being once forbid- 
den, he shall be subject to be confined under guard during 
the time of the parade, or a shorter time, at the discretion of 
the commanding officer. 

Age,howproY. Sect. 23. Bt U further enacted^ That in all cases of 
doubt respecting the age of any person intended to be en- 

[lb. § 20.] rolled, the party questioned as to his age shall prove the same 
to the satisfaction of the enrolling officer ; and if any person 
liable to military duty, upon application to him personally by 
the Commanding officer of the company, within the bounds 

Penalty for re- ^^ which such person resides, or upon application by any 

fusing to give persou actius under such Commandine; officer, shall either 

name, or false * ^ .7 

one, on inqui- rcfusc to givc his name, or not give his name truly, every 

such person, so offending shall forfeit twelve dollars, to be 

sued for by the Clerk of the company in an action on the 

case before any Justice of the Peace of the county where 

such offender resides. 

Mode of nou- Sect. 24. Be it further enacted^ That when any non- 

o^o^^^"^^^***^^ conmiissioned officer or private in any company, shall receive 

orders from the Commanding officer of such company, to 

notify and warn such company, or any part thereof, to meet 

for the purpose of choosing any officer or officers, it shall be 

the duty of such non-commissioned officer or private, to give 

every person he is so ordered to warn, verbal notice, or to 

leave him a written or printed notification at his usual place 

of abode, specifying the time, place, and purpose of said 

[fSee noted, meeting ; and no election of a company f officer shall be valid 

,antcp. .] .^ futufg^ unless a majority of the voters of the company are 

present at the election. 

Company mu- Sect. 25. Be it further enactedy That each and every 

S^""^^ ^ Captain or Commanding officer of any company is hereby 

empowered to enlist, as musicians for his company, and with- 

[•710] in the* bounds of the same, not exceeding two drummers 

and two fifers, or one fifer and one bugler, for and during the 

term of seven years, unless sooner discharged by removal to 

such distance from the said company, as to render it incon- 



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MILITU. 833 

venieDt for said musician to perforin the duties required of Ch. 164. 
him, or by reason of some other good and legal excuse. ^-^-^-^-^ 
And any such musician, so enlisted, who after having been Penalty for 
duly notified and warned shall refuse to perform his duty as &c. 
musician at all legal meetings of said company, shall forfeit 
and pay for every such offence, the same sum as would be 
forfeited by any non-commissioned officer or private for non- 
appearance at any of said meetings ; and in case of removal 
or discharge of any such musician, the said Captain or Com- 
manding officer may from time to time enlist other musicians 
to fill such vacancy or vacancies. 

Sect. 26. Be it further enaeted^ That every town and Towm, kc. to 
plantation within this State, shall provide and deposit, and wiUi*'ammuni. 
constantly keep provided and deposited in some suitable and ^*^" * 
convenient place within said town or plantation, thirty-two IJ**"* ®^J' 
pounds of good gunpowder (u) ; one hundred pounds of mus- § 2.] 
ket balls, each of the eighteenth part of a pound : one hun- 
dred twenty-eight flints, suitable for muskets ; three copper, 
iron, or tin camp kettles, for every sixty-four soldiers enrolled 
within said town or plantation, except artillerists ; and the 
same proportion of the aforesaid articles for a greater or a 
less number of soldiers enrolled as aforesaid. And every penalty for 
town or plantation, which shall neglect to keep itself con- '^^^^ 
stantly provided with the articles aforesaid, and in the pro- 
portions aforesaid, shall forfeit and pay to the use of the State, 
a sum not exceeding five hundred dollars, nor less than twen- 
ty dollars, according to the nature and degree of the neglect 
to be recovered by indictment or information in any Court 
of competent jurisdiction. And it shall be the duty of each Qoartcr ma«. 
Quarter Master of regiments of infantry to cause every town ^"JJ^^^ 
or plantation within the bounds of his regiment, to be prose- delinquent 
cuted or presented, which town or plantation he shall find 
upon his inspection to be deficient, either in the quality or 
quantity of military stores, required to be provided as afore- 
said, or which he shall find to have neglected to make the 
provisions, or any part thereof required as aforesaid. 

Sect. 27.* Be it further enacted, That it shall be the [nil] 

Quarter ma** 

duty of the Quarter Master of each regiment of infantry, in ters of regi- 
(u) This prQ vision ia conditionally repealed, by ch. 869, toI. 8, p. 222. 



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834 MILITIA. 

Ch. 164. the month of October annually, personally to examine, view 
^^^^>^^ and inspect the military stores, to be provided by every town 
spect town mil- and plantation as aforesaid, of each town and plantation with- 
Ocu>^r^ '" in the bounds of his regiment, and to make out a return of 
and' m^e^re- ^^ ^® articles of stores, with their <iuality and condition, in 
turn to brigade ^hich he shall note all defects and deficiencies and shall 

quarter roaster 

by first of No- transmit an attested copy thereof to the Quarter Master of 

the brigade, on or before the firstf day of November in the 

Fcb.*S*,im] same year, and where in any town or plantation there are 

now, or may hereafter be companies belonging to more than 

one regiment, the Quarter Master of the senior regiment 

Brigade quar- shall perform the duties aforesaid. And the Brigade Quarter 

mike return to Master shall form an abstract of all such returns and transmit 

^^*'i^Bte^Ty ^" attested copy thereof to the Division Quarter Master, on 

firstDecember, or before the first day of December in the same year. And 

and be to make . ^ ^ 

abstract ofbri- the Division Quarter Master shall form an abstract of all such 
and transmit brigade retums, and transmit an attested copy thereof to the 
^stcr general acting Quarter Master General of the State on or before the 
by first Janua- g^gj ^^y ^f January annually. And the Quarter Master Gen- 
Quartermaster eral shall form an abstract of such division retums. And 

general to form 

an abstract of each Said officcr shall record the abstract, so by him made, 
toroa!!'" '** in a book to be kept for that purpose, which book shall never 
be alienated from the corps, to which such ofiicers respec- 
tively belong, and shall at all times be open for the inspection 
of the Commanding officers of said corps, and of the Select- 
men of the towns and of the Assessors of plantations, in 
which such military stores were deposited (v). 
Adjntantfl of Sect. 28. Be it further enacted (w). That it shall be the 

r^imentS) &c. , , 

to make ab- duty of the several Adjutants of regiments, and of battalions, 
pany returasl' annually to form a correct abstract of the retums of the sev- 
mh ^em*to* ®^®' Companies, composing his regiment or battalion, contain- 
brigadeinspec- Jng the names of the Commanding officers of the several 

(v) By cb. 416, § 2, vol. 3. p. 268, it is provided, '< That so naacb of the 
militia law as provides compensatioD to Q,aarter Masters of reginents and 
brigades, and also so mach of the law as requires the personal examination 
and inspection of military stores, in towns and plantations, be bnd the same 
is hereby repealed." 

(to) See § 46, art. 18, of this ch. ; also ch. 819, § 6, vol. 3, p. 164 ; alao 
act passed March 18, 1888. 



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MILITIA. 835 

companies, the number of non-commissioned officers, musi* Ch. 164. 
cians, and privates respectively belonging thereto, with their ^"^T^^',, 
arms and equipments, and transmit the same, signed bj the make and 
Conmianding officer of his regiment or battalion and coun- ■tr^i^todrvia- 
tersij^ned by himself, to the Brigade Inspector of his brigade ***° Jn^pector. 
on or before the first day of July in the same year ; and^ it [m2] 
shall be the duty of the several Brigade Inspectors to make 
out correct returns from the Adjutants' returns and to trans- 
mit the same, signed by the Commanding officers of brigades 
and countersigned by themselves, to their Division Inspec- 
tors on or before the first day of August in the same year ; 
and it shall be the duty of the several Division Inspectors to Di^j^ion i„. 
form similar returns from said brieade returns and to trans- "P^ctof '©^ 

° , , transmit ab- 

mit the same, signed by the Conmianding officers of divbions ftracts to ad- 

and countersigned by themselves, to the office of the Adju- ^ first Octo- 

tant General on or before the first day of October in the 

same year. And it shall be the duty of the Adjutant General 

to form, sign and transmit one correct return of all such 

division returns to the Commander in Chief, and one to the 

President of the United States on or before the first day of 

January annually. And it shall be the duty of the several 

Commanding officers of regiments, brigades and divisions, to 

cause such abstracts and returns to be made and transmitted 

within the several times aforesaid, in all cases of absence or 

inability of the several Staff officers aforesaid, or of vacancy 

in their offices. And it shall be the duty of each such Staff Orderly books 

officer to record the returns by him made, in a book, to be i^officera.*'^ 

kept for that purpose and which shall not be alienated from 

the corps, to which such officers respectively belong. And 

it shall be the duty of the Adjutant General to furnish such 

officers with proper books, and from time to time, with 

blanks, containing proper forms of the abstracts and returns 

aforesaid. 

[SxcT. 29,* repealed; see cb. 919, § 12, vol 8, p. 166. [*713] 

It required selectmen to furnish blank cartridges to be osed at company reviews. 
See also act passed March 9, 1832, § 2.] 

Sect. 30. Be it further enacted ^ That whenever in case Persons de- 
of threatened or actual invasion, insurrection or other public ^march, &c^ 
danger or emergency, tlie Militia shall be ordered out, or P*»*'*y ^'' 



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836 * MIUTIA. 

Ch. 164. any part thereof, shall be ordered to be detached or drafted 
'-^"^'"^^ by the Commander in Chief, any person who shall be order- 
ed out, detached, or drafted in pursuance of, and obedience 
to such orders, and being notified thereof, and ordered to 
march to the place of rendezvous, and shall neglect or refuse 
to obey such orders, and shall not within twenty-four hours, 
after he shall have been notified as aforesaid, pay a fine of 
fifty dollars, to the Commanding oflicer of the company to 
which he belongs, or procure an able bodied man in his stead, 
such person shall be considered as a soldier, belonging to the 
detachment, and be dealt with accordingly. And all fines 
paid as aforesaid, shall be appropriated to the hire of men to 
Officers to Complete the detachment. And the officers of any detach- 
uchm^nto^ow ^^^^y Ordered to be made as aforesaid, shall be regularly de- 
detailed, tailed from the rosters, and the non-commissioned officers 
and privates by lot, from the company rolls : and when any 
company shall not be organized, the officer commanding the 
brigade or regiment, shall either by himself or some officer 
under him, proceed to make and complete the detachment, 
Three days' f*"^™ ^uch unorganized company. And whenever the Militia, 
uwn'drafted^*^*^ or any part thereof, after having been ordered out or detach- 
ed as aforesaid, and shall be ordered to march for the service 
of this State, each non-commissioned officer and private, so 
ordered to march, shall provide and take with him three days' 
Seiectinen,&c. provisions, uulcss Otherwise ordered. And the Selectmen 
Si^™&c/fSr ^^ every town and the Assessors of every plantation to which 
drafted men, the men detached as aforesaid, and ordered to march for the 

and to be reim- . /. , . n 11 in .1 « 

bursed by le- scrvicc of this State, belong, shall provide and cause car- 
gisa re, riagcs to attend them with furtlier supplies and provisions, 
and also the necessary camp equipage and camp utensils, 
until notice shall be given them by the Commanding officer 
of the detachment to desist, and the Selectmen and Asses- 
[♦T14] sors shall present their accounts for supplies* to the Legisla- 
Penalty for turc for allowance. And whenever the Selectmen of any 
furaMn mich* town or Assessors of any plantation from which a detach- 
ment or part thereof as aforesaid shall march, and being no- 
tified by the Commanding officer of such detachment or part 
thereof, belonging to such town or plantation, and shall neg- 
lect or refuse to furnish the necessary supplies, camp equipage. 



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MiLrnA. 837 

and camp utensils, the town or plantation to which the Se- Ch. 164. 
leclraen or Assessors, neglecting or refusing as aforesaid, ^-^"''"^' 
belong, shall forfeit not less than two hundred nor more than 
five hundred dollars, to be sued for and recovered by any 
person, who may prosecute for the same, in an action on 
the case, in any Court of competent jurisdiction, one moiety 
to the prosecutor, and the other to the use of the State. 
And the officer to whom, or by whose order any camp 
equipage or camp utensils, shall be delivered, shall be ac- 
countable for the same, unless injured or lost by some acci- 
dent not in his power to prevent. 

Sect. 31. Be it Jurther enacted^ That all the troops of All the militia 
each division shall be paraded once in each year for review, for rcviewT&c 
inspection and discipline, either in brigades, regiments, or **"^*"*y*^* 
battalions {x) of regiments, (regard being had to the scattered ^^* ^ ^'^ 
or compact situation of the troops) at such times as the Com- p^*?? 1^**1 
manding (y) officer of the Division may order. f And when 
a brigade review or inspection is ordered, the Commanding 
officer of the brigade shall appoint the place, and give notice 
thereof to the Commanding officer of the division : when a Manner of no- 
regimental review or inspection is ordered, the Commanding * ^ 
officer of the regiment shall appoint the place, and give no- 
tice thereof to the Commanding officer of the brigade ; and 
when a review or inspection of a regimental battalion is or- 
dered, the Commanding officer of the regiment shall appoint 
the place, and give notice thereof to the Commanding officer 
of the brigade. And the places to be appointed for reviews 
or inspections as aforesaid, shall always be as central as, in 
the judgment of the officer pointing out the place, conven- 
ience will admit. And the artillery, cavalry, and other 
troops raised at large, and not annexed to any particular regi- 

(x) Ch. 283, §4, vol. 3, p. 124, provides « That anj part of the troops 
of any division may be inspected and reviewed in less bodies than battalion?, 
when by reason of their residence on any of the islands in this State, it may 
in the opinion of the Major General of saeh division be deemed expedient.'* 
See ch. 819, § 2 & 12, vol. 8, pp. 168, 166. 

(y) Where an order of the Major General appointed one day for an in- 
spection and the next for a review, it was holden that bat one fine was for- 
feited by a private who neglected to attend on both days. Ccm. «s. Derby, 
13 Mass. 438. 



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838 MILITIA. 

Ch. 164. roent, shall be reviewed and inspected once in each year, 

"•'^"^'"^-^ either by themselves, or with the brigades, regiments, or 

battalions of regiments, as the Commanding officer of the 

respective* divisions may order and direct : Provided^ That 

No officer, 5tc. no officer, non-commissioned officer or private, shall be 

tra^ff"more obliged to travel more than fifteen miles to any brigade 

than 16 miles review(2:). 
to brigade re- V ^ 

view. Sect. 32. Be it further enacted, That no officer, non- 

No parade to Commissioned officer or private shall be holden to perform 
certoiD^town" ^X military duty on any day (except on days which are or 
meeting days, ^gy j^g specially prescribed by law) on which the Selectmen 
[lb. § 26.] of the town in which such officer, non-commissioned officer 
or private resides, shall appoint a meeting for the election of 
a Representative to the Legislature, nor shall there be any 
military parade on the day pointed out by the Constitution 
of this State for the election of Governor, and Senators, nor 
on any day which may be appointed for the choice of elec- 
tors of President and Vice President of the United States, 
or Representatives to Congress. And it shall not be lawful 
for any officer to parade his men on either of said days, un^ 
less in case of invasion made or threatened, or in obedience 
to the orders of the Commander in Chief, except as is herein 
before excepted. 

Sect. 33. Be it further enacted, That each regiment of 
Bute colours, infantry and each battalion of cavalry or artillery shall be 
&c.To be fur- furnished with the State colours ; and each company of in* 
s^!^ ^y **** fantry, artillery, light infantry, grenadiers and riflemen, shall 
be furnished with a drum and fife, or bugle horn, and each 
company of cavalry with a trumpet; and each Brigadier 
General after the first day of August next ensuing, is hereby 
authorized to draw orders upon the Quarter Master General, 
in favor of the Commanding officers of regiments, battalions, 
and companies, for the above purposes, that the several regi- 
ments, battalions and companies may be supplied as afore- 
said. And the Commanding officers of regiments and bat- 

(^mmanding talioos shall be responsible for the safe keepine of their col- 
officers respon- , , ^ ,. /*. r ' 1 11 1 

sible for safe ours ; and the Commandmg officers of companies shall be 

(«) This provision ia confined to brigade roviews. Com, ««. Miehard^ 
son, 13 Ma$B. 820. 



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MIUTU. 839 

responsible for the safe keeping of the drums, &fes, bugle Cu. 164. 
horns, and trumpets, delivered to them for the use of their ^-^"v-i*-' 
companies ; and it shall be the duty of the Quarter Master oSn/Sfc? ^ * 
General to furnish such colours and musical instruments, and 
to present his accounts therefor to the Legislature for allow- 
ance. And the Adjutant General shall furnish blank orders Adjutant gen- 
for the Commanding officers of companies* to order their blank ondi!m, 
non-commissioned officers and privates to notify their men ^%7iei 
to attend all the inspections, trainings and reviews, and meet- 
ings for the choice of officers, which shall be ordered ; also 
blank notifications or orders, to be left with the men by the 
non-commissioned officers or privates, ordered to notify as 
aforesaid ; and Clerk's comp]aint3 to Justices of the Peace ; 
and it shall not be necessary that seals be affixed to any 
orders whatever. 

Sect. 34. Be it further enacted^ That all parents, mas- Parents, ««•. 
ters or guardians, shall furnish all minors enrolled in the mili- J^iah^iheTr 
tia, who shall be under their care respectively, with the arms, "*"***" J[j**^ 
and equipments, required by this act ; and if any parent, eqaipmeDt«, 
master, or guardian, having any minor under his care, en- [n>. § 28.] 
rolled as aforesaid, shall neglect to provide such- minor with 
the arms and equipments, required by this act ; or if said 
minor shall absent himself from any meeting of the company, 
to which he belongs, required by law, without sufficient ex- 
cuse, the said parent, master or guardian is hereby subjected 
and made liable to the same forfeitures as such minor (a) 
would be liable to, for a like deficiency, neglect or non- 
appearance, if such minor were of age ; and all persons liable g.^ roonihB al- 
by this act to military duty, shall be allowed six months (6), lowed for pro- 
iramediately from and after their arrival at the age of eighteen and equip- 
years, and not afterwards, within which to furnish themselves 
with the arras and equipments required bylaw: Provided ^^^,^ J^- 

* *^ . pecting those 

hoioever, That such parents, masters or guardians as shall unable to arm 
produce, on or before the first Tuesday of May annually, SiaM^Sat. 
certificates from the Overseers of the poor of the town or ^ Jg' j^' ^®^' 

(a) An infant may be sued for non-appearance at a military master, and 
may answer personally as incase of an indictment. IVinslotD vs. Hunne- 
wellt 12 Mass, 271. So he may enlist in a volunteer company. Com. vs. 
Frost, 18 Mass. 491. 

{b) See § 15, note j, 1, 2, ante p. 82^. 

Vol. II. 38 



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ei 



840 MIUTU. 

Ch. 164. district in which they reside, of their inability to provide 
^"^^^^^^^ arms and equipments as aforesaid, to the Commanding officer 
of the company in which the minor under their care is en- 
rolled, shall be exempted from the forfeitures aforesaid. 
No invalid ex- Sect. 36. Be U further enacted (c) , That no non-com- 
nmts allowed missioned officer or private of any company shall be exempt- 
geon'i certifi- ed from military duty on account of bodily infirmity, unless 
^ he shall obtain from the Surgeon or Surgeon's mate of the 

[lb. §29.] regiment to which he belongs, if either of those officers are 
commissioned in such regiments ; if not, from some respec- 
table physician, living withm the bounds of the same, a cer- 
[♦TlT] tificate* that he is unable (d) to perform military duty on 
account of bodily infirmity^ the nature of which infirmity is 
to be described in said certificate, and the Commanding offi- 
cer of the company may, on the back of such cerUficate, 
discharge the non-commissioned officer or private, named 
therein, from performing military duty, for such a term of 
time, as he shall judge reasonable, not exceeding one year, 
Certificates to which certificate (c), if approved and countersigned by the 
becomitfflfsign. Commanding officer of the regiment, or battalion, to which 
the disabled non-commissioned officer or private belongs, 
shall entitle him to exemption from military duty for the time 
specified. And any non-commissioned officer or private, 

(e) 1. In an action for a penalty inewred by neglect of dot j, it is competent 
for the defendant, at the trial, to show that by reason of permanent bodily 
disability he was not liable to be enrolled as a soldier. Pitt$, Pltf. in cr- 
ror^vs. We9tony2 0\f. 849. 

2. In sncb case it is not necessary for the defendant to produce the cer- 
tificate of the sorgeon, nor to oflTcr his excuse within eight days ; these regu- 
lations apply only to eases of temporary disability. i&. Hume «#. Vance 9 
7 Qlf, 168. See onward, § 46, art 82, and notes thereto. 

{d) The certificate of a surgeon in the militia, that a private, « by a wonnd 
in his hand, has his thamb and fingers rendered useless thereby, and is una- 
ble to perform military exercise,*' is not necessarUy an excuse for the Ufe of 
the private ; but it is competent for a Justice before whom he is sued for a 
penalty, to enquire whether the disability continues. Com, vs, Bl%s$t 9 
Masa. 82S. The certificate is not conclusive. Johnson vs. Mone^ 7 Piek. 
251. 

(f) A private who is excused for a term oi time, upon a surgeon's certifi- 
cate, from performing military duty, on account of bodily infirmity, is not 
thereby excused from attending at meetings for the choice of company offi- 
cers. 8mUh*$ ea$e, 8 Pick. 886. 



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MIUTU. 841 

having obtained a certificate as aforesaid, and who may be Ch. 164. 
refused a discharge, may apply to the Commanding officer of ^--"^v^^ 
the regiment for further examination of his case, and if on 
such examination, the Commanding officer of the regiment 
shall be well satisfied that the bodily infirmity of such non- 
commissioned officer or private is such that he ought to be 
discharged, he is hereby authorized to discharge him from 
military duty for such time as he shall judge reasonable, not 
exceeding one year, which being certified by the Command- 
ing officer of the regiment on the back of the certificate, 
shall discharge the non-commissioned officer, or private, fi*cm 
military duty for the time specified by the Commanding 
officer of the regiment (/). 

Sbct. 36. Be U further enacted. That if any non-com- pewioM to be 
missioned officer or private shall be killed, or die of wounds toiT^^iJ.*^} 
received when on any military duty required by this act, his ^^2dH**'wheii 
widow, child, or children, shall receive from the Legislature on doty, 
such relief as shall be just and reasonable. And if any offi- [ib. $ 80.] 
cer, non-conmiissioned officer or private, shall be wounded, 
or otherwise disabled when on such duty, he shall receive 
firora the State just and reasonable relief. 

[By* ch. 967, § 11, vol. 8, p. 220, from § 87 to § 44, indouTe, ii repealed. 

It provided for the organization and proceedings of Courts Martial. fulfil 

See said ch. 867; also act passed March 9, 1882, § 7I( 8; also act passed March [*720] 

18, 1888. [nail 

They provide a new system of Courts Martial.] 1*7^1 

RULES AND ARTICLES,* [♦724] 

eOVERIflNO THE MILITIA WHEN HOT IN ACTUAL SERVICE. 

Sect. 45. Be it further enacted. That the following Rules, &c for 
shall be the rides and articles, by which the Militia of this militia when 
State shall be governed when not in actual service. JSrrioe. **^*°* 

Article 1 .* Every commissioned officer who shall be Ncii2?Jf du- 
guilty of any unmilitary conduct, neglect of duty, or disobe- ^y» ^*!P*J^^ 
dience of orders, or who shall, when on duty, appear or &c. 
behave himself in an unofficer-like manner, or who shall wil- 

(/) Such commanding officer has no anthority to examine soch a case, or 
to kllow a discbarge, unless it had been previoosly refused by his inferior 
officers. Com, vs. Smithy 11 Mass, 460. Bat the Coart will presume in 
caie the commanding officer has endorsed such discharge, that a previous ap- 
plication has been made to the inferior officers, unless the contrary appears. 
Com. vs. Fanning f 14 Mass. 290. 



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842 MlLITU. 

CD. 164. fully oppress or injure any under his command, or who shall 
^■^^^'"^^ at any time set on foot, or join in any combination to resist 
Mar. 6, isio, or evadc the lawful orders of any commissioned officer, shall 
^ ^' be liable to be tried by a court martial. 

Officerconvict- Art. 2. If any officer shall in due course of law be con- 
to tede^iTCd victed of any infamous crime, he shall be forthwith put in 
of command, arrest, and deprived of all military command, until an oppor- 
tunity shall be had for both Houses of the Legislature to 
address the Governor for his removal. 
Manner of ar- Art. 3. Every officer, to be tried by a court martial, 
ii^uSai***^*^ shall be put in arrest, so as to be suspended from the exer- 
cise of his office, and shall have a copy of the charges ex- 
hibited against him, and notice of the time and place appoint- 
ed for his trial ; which copy and notice shall be given thirty 
days at least before his trial is commenced. 
Offioer not ap- Art. 4. In casc any officer, for the trial of whom a court 
SS"fo?hlstri- martial is appointed, shall neglect to appear and make de- 
trie?M°u^he f®"^®? ^^ *^ appearing shall afterwards withdraw in contempt 
had pleaded of the court, or being arraigned before a court martial, shall 
from obstinacy or deliberate design stand mute, or answer 
foreign to the purpose, the court may proceed to trial and 
judgment as if he had regularly pleaded not guilty. 
Penalty for of- Art. 6. If any officer, after having been put in arrest, 
preJiumCig^ shall presume to exercise any military command, until he is 
mand**^ ^™" discharged from his arrest, he shall be liable to be tried by a 
court martial, and if convicted, he shall be removed from 
office. 
No officer to be Art. C. No officer shall be tried by a court martial for 

tried for offen- i • i_ i n i . , 

ce» of more, any ofience which shall have been committed more than one 

previoosf^- year, previous to the lime when a complaint shall have been 

^* ^^' made in writing therefor, unless he shall have repeated such 

offence in two or more successive years, or by reason of 

having absented himself, or some other manifest impediment, 

shall not have been amenable to justice within that period. 

Captaina to Art. 7. Every Captain or Commanding officer who shall 

call out their "^ * ,. , . r 

companies either neglect or refuse to call out his company as often as, 

be Uxv\^^c!^ and* at the times required by this act, or at any other time, 

[*726J vvhen thereto required by his superior officer, or who shall 

at any lime excuse any under his command for unnecessary 



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MILITIA. 843 

absence or deficiency, shall be liable to be tried by court Ch. 164. 
martial. n..^-v-w/ 

Art. 8. No officer shall be permitted to resign while un- No officer to 
der arrest. And no resignation of any officer shall be approv- under arrest, 
ed, if such resignation be offered between the first day of May May**iT^nd 
and the first day of November, unless the reasons offered N®^- ^> ""•***• 
by the officer wishing to resign within those days, be very 
urgent. 

Art. 9. No officer shall be discharged, except by the j^^ ^^.^^ ^^ 
Commander in Chief, on request of such officer, in writing, ^ *^'fb*^oi^ 
or by actual removal of residence, out of the bounds of his maudcr id 
command, and to such distance that his Major General shall quest, &c. 
think it inconvenient for him to discharge the duties of his 
office, or by twelve months' absence, without leave of the 
Commanding officer of his division, or by the corps to which and for rea- 
he belongs being disbanded by law ; and whenever any **""* 
division, brigade, regiment or battalion shall be divided and 
the residence of any Staff officer attached thereto, shall be 
without the bounds of the corps, in which he was commis- 
sioned, such Staff officer shall be entitled to an honorable 
discharge, and shall cease to do duty after such division is 
made, and the commanding officer of such corps may proceed 
to fill the vacancy occasioned thereby. 

Art. 10. No officer shall consider himself as exempted ^^ ^^^^^^ ^, 
from the duties of his station, except when under arrest, un- ^v^^ .from 
til he shall have been discharged by one of the methods or charged, &c 
causes pointed out in the preceding article, or shall have re- rest, 
ceived a certificate of his discharge from the Commander in . 
Chief. 

Art. 11. No general or field officer shall approve a officcrsresign- 
resignation, until the orderly and other books and property of {^k*° and^^*^ 
the State, in the possession of the resigning officer are taken State property, 

r r t_ r I 1 • 1 1 /T- in hi» poMet- 

care of, for the use of the corps to which such officer be- sion. 
longs, in order that such books and property may be deliver- 
ed to his successor. 

Art. 12. The Captain or Commanding officer of every coi^^Ji^o. 
company raised at larse, shall annually in the month of offi«n"8ofcom. 

, - panics at large 

April,* make out a list of the names of the men belonging toretomiistof 
to his company, and deliver the same to the commanding April. 



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844 MIUTIA. 

Ch. 164. officer of the regiment or regiments, within whose bounds 
^"■^"^""^^ such men reside. 
Captains. &c. Art. 13. Every Captain or Commanding officer of a 

to make retain « n i i* i /• • • 

of company to Company shall make a return of the state of his company, 
offi^^of *r4i- comprehending the names of all the men belonging thereto, 
amauau". ^^^ ^^^^ ®^' ^® ^"^ ^^ equipments of the men present at the 

company inspection, to the Commanding officer of his regi- 
Adiutant to ment or battalion, in the month of May, annually (^). Every 
^gfuUer in Commanding officer of a regiment shall cause his Adjutantf 
[fSee § 28, ^^ make a return of the state of his regiment to the Com- 
ante, p. 884 ] manding officer of the brigade in the month of June, annu- 
Brigade re- alty* And every Commanding officer of a brigade, shall 
tTm^jOT'TOn! c^"8® *^>s brigade Inspector to make out a return of his brig- 
erai in July. ^^^^ q( which he shall transmit to the Major General of the 

division to which he belongs, in the month of July, annually. 
Division retnrn And the Major General shall cause the Division Inspector to 
adjutantffener. transmit a Certified copy of such brigade returns to the office 
or SeptaSw! ^^ ^® Adjutant General during the months of August and 

September, annually. 
Persons enlist- Art. 14. Every pcrson who shall lawfully enlist in any 
te^ com^"iM volunteer company, (whether such person be exempted by 
hoiden Tyears, ^5g ^^^ frQ„j ^ny military duty or not) shall be holden to do 

duty therein for the term of seven years, unless such person 

be sooner discharged by the order of the Commanding.officer 

of the brigade (^). 
Brigadier gen- Art. 15. Each Brigadier General or Commanding officcr 
cases, may dis- of brigade, withiu his own brigade, upon application of the 

(g) 1. <* A neglect by the colonel of a regiment to make retnms of his regi- 
ment to the commandant of the brigade, is colpable negligence in the disci- 
pline of his regiment." State «s. Parker, 8mUh*9 C. Martial R,p, 112. 
2. ** If regular retnms of companies have not been made to the colonel, 
it is not an excuse for his omitting to make to the commandant of the brigade 
sach retnms as were withfai his reach." lb* 

{h) 1. « This regulation was nndonbtedly intended to limit the Ume general- 
ly, for which persons enlisting into volnnteer companies tbonld be holden to 
serre, and at the same time to authorize the commandbg officer of the bri- 
gade to discharge them, in case of misconduct or neglect of duty, as well as 
for any other reasonable cause. Bat it cannot be supposed, that under this 
provision of the law, a private in such company is holden at all events for the 
term of teven years, nnless he obtains the discharge of the brigadier general. 
He may become infirm and unable to do dutj, or may remove without the 



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BnUTlA. 845 

Commanding officer of any company of artillery, cavalry, Ch. 164. 
light infantry, grenadiers, or riflemen, may discharge any . ^"^"^"^ 
non-commissioned officer or private from any of the afore- vate»,&c.from 
said companies ; and such non-commissioned officer or pn- at request of 
vate shall forthwith be enr6lled in the standing company, ^^p****""- 
within the bounds of which he resides ; and every non- 
commissioned officer so discharged, shall be considered as 
reduced to the ranks (t). 

Art. 16. Whenever different corps shall parade, join, Scoior officer 

^ ^ ,, to command 

or do duty together, the senior officer present, according to when different 
rank, shall command, without regard to corps. ed. 

Art. 17.* Any officer refusing or neglecting to make a yj^ihyfor of- 
draft or detachment, when ordered in pursuance of the thirti- ^^^aS\. 
eth section of this act, shall be arrested, and be liable to be 

commonwealth, or oatof the limits of the diviaion, to which the company be- 
longs : and in snch cases he would be discharged, or at least excused from 
the performance of doty, while the impediment continued." Com, vs, Thax- 
ter, 11 Ma$B, 892. See ante, p. 814, note #; and p. 839, note a, 

2. Bat this provision eannot be held to apply to those who have removed 
out of the brigade, within which the company is organized. Com.vt. Cum^ 
ming$t 16 Jtfosf. 197. See ante, § 19, p. 827, note m. But it was held in 
Munyanvs, Cohumt 8 Piek» 481, that "An enlistment in a volunteer 
company of militia is not dissolved by the soldier's removing out of the lim- 
its of the regiment to which the company is attached, into the limits of anoth- 
er regiment within the same brigade, and performing duty in a standing com- 
pany belonging to this last mentioned regiment." 

8. No person can lawfully be enlisted into a volunteer company, who 
does not live within the limits of it Com. v$, Cumminga, 16 Ma$9, 197. 
8o a person subject to militia duty, living within the limits of one brigade, 
cannot lawfully enlist in a volunteer company in another brigade. JVehber, 
pet 8 Pick. 264. 

4. One who has served seven years in a volunteer corps, is ipso facto, 
entitled to his discharge ; and after demanding it, is no longer liable to a fine 
for neglecting to attend a muster of the corps. Com. vs. Cutter, 8 Maes. 
279. But unless he re-enlists he is liable to be enrolled in a standing com- 
pany. Howard «s. Harrington, 4 Pick. 128. 

(») A brigadier general may discharge a private from a volunteer compa- 
ny upon the application of the captain of a standing company ; and if the 
private does duty in the standing company, be will not be liable to a fine for 
non-appearance in the volunteer company, although his discharge should 
not be duly notified to the captain of such company. Ex parte, Gallup, 1 
Pick. 468. 



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846 MILITIA. 

Ch. 164. tried by a court martial, and the officer next in command, 
""^"^""^^ shall be ordered to make the draft or detachment. 

frawn'^STw to ^^'^' ^^' ^^ ^^^^ ^^ ^^^ ^"^J" ^^ ^^^^ Commanding officer 
be distributed, of a Company, drawing cartridges in pursuance of the twenty- 
ninth section of this act, to oause them to be distributed 
equally among his men on the parade, and to be used in 
hav'ln'^^ ^°n teaching his men precision in their firings. And if any non- 
&c. on parade commissioned officer or private shall come on to any parade 
baU, Sec, with his musket, rifle or pistol, loaded with ball, slugs or 
shot, he shall for such offence forfeit not less than five^ nor 
more than twenty dollars, 
ro^n P*T^*"^ Art. 19. If any officer, contrary to the provisions of the 
days. thirty-second section of this act, shall parade his men on 

either of the days of election in said section pointed out, he 
shall be liable to be tried by court martial ; and moreover 
shall forfeit a sum not less than Jifty^ nor more than three 
hundred dollars^ to be sued for and recovered in any action 
on the case, before any Court of competent jurisdiction, one 
moiety thereof to the use of the person who may prosecute 
for the same, the other to the use of the Slate. 

I^uS^nt^&c ^^'^' ^^' ^^ ^^' regimental and battalion parades, the 
how to be several companies shall form in regiment or battalion, accor- 
ding to the rank of the officers present, actually commanding 
them ; and the same rule shall apply in all cases, excepting 
those in which artillery, cavalry, light infantry, grenadiers, 
and riflemen, may by usage and necessity, be detached from 
the regiments and battalions. 
dbordeHy**^- ^^'^' ^^* "^"^ non-commissioncd officer or private, who 
havioorof pri- shall, whilc Under arms, or when on duty, behave himself 
CD duty. with contempt to an officer, or shall conduct in a disorderly 

manner, or excite or join any tumult or riot, or be guilty 
of any other unmilitary( J) conduct, may be put under guard, 
and so kept for a longer or shorter time, at the discretion of 
the Commanding officer of the company ; not exceeding 
however, the time which the company, to which he belongs 

{j) lo a prosecation against one for unmilitary condact on a muster day, 
to which he pleaded not guilty, and which was carried to the C. C. Pleat by 
appeal, if the jary find him guilty, the Court may award the penalty ; al- 
though on the plea of nil debetf the jury might have assessed the penalty. 
Com. v$. Stevenst 16 Mcus. 195. 



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MILITIA. 847 

IS dismissed; and shall moreover forfeit a sum not less than Ch. 164. 
Jive,* nor more than twenty dollars for each offence, according ^TtiJ^T 
to the degree and aggravation of the same. 

Art. 22. Any non-commissioned officer or private, who Fine for qait- 
shall without leave of his officer, quit his guard, section, ^^ without' 
platoon, or company, shall for each offence forfeit not less ^®***' 
than twoy nor more than ten dollars. 

Art. 23. Any non-commissioned officer or private, who Duordoriy 
shall, in going to or returning from, or while on the place of *"^' 
parade, or while under arms, unnecessarily, and without or- 
ders discharge his musket, rifle, or pistol, shall forfeit not less 
than JivCy nor more than tioenty dollars for each offence (k) . 

Art. 24. Any non-commissioned officer or private, who For neglecting 
shall refuse or neglect to give any notice or warning, when or warning 
ordered thereto by the Commanding officer of the company ^*»«" ***»»«>. 
to which he belongs, shall for suchf offence forfeit not less [^^^ °**S^^4 

^ ' ' 4, ante p. 890.] 

than one, nor more than four dollars, for each non-commis- 
sioned officer or private, which he shall neglect or refuse to 
warn or notify, to be recovered on indictment in the Circuit h^^ recotor. 
Court of Common Pleas, or on complaint before some Jus- ^' 
tice of the Peace ; one half thereof to the complainant and 
the other half thereof to the State. 

Art. 25. If any non-commissioned officer or private, « ^ . ^ 
shall, in due course of law, be convicted of any infamous «on©d officer, 

-- or priyate, con- 

crime, he shall be forthwith disenroUed from the Militia. dieted of infe- 

Art. 26. Every non-commissioned officer, who shall be ST^SsCTin^. 
guilty of any disobedience of orders, neglect of duty, or sergeanti, &c 
other unmilitary conduct, may be reduced to the ranks by f^*J^^ ^^T 
the Commanding officer of the regiment to which he belongs, ^ *» reduced, 
by and with the advice of the Commanding officer of the 
company to which such non-commissioned officer belongs. 

Art. 27. ^ Every (l) non-commissioned officer or private, pine for ab- 
(excepting those, who by the third section of this act, are ^"J^ ''^'^'^' 
permitted to send their arms and equipments on that day for from jnspec- 
iDspection,) who being duly ordered to appear at the compa- 

(k) ComtnaDding officers at mostem are answerable for damage occarriog 
to citizens, from firing gons in or near the highway by the soldiers nnder their 
command. Bat not after a dismissal. Moody V8. Ward, 18 Moat, 199. 

(I) See ante, p. 889, note a. 
Vol. II. 39 



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848 MILITIA. 

Ch. 164. ny inspection and view of arms on the first Tuesday of May, 
'^•^^'^^^^^ and shall unnecessarily neglect to appear at the time and 

place appointed, shall forfeit two dollars and fifty cents (m). 
foratwence Art. 28. Every non-commissioned officer or private, 

irainii^— '^"^ who, being duly ordered, shall unnecessarily neglect to ap- 
LtSM'^^mStem P®^ ^^* ^"7 company training, at the time and place appoint- 
to art. 27.] ed, shall forfeit one dollar and fifty cents.\ 
from regimen. Art. 29. Every non-commissioned officer or private, 
' who being duly ordered, shall unnecessarily neglect to appear, 

for any battalion, regimental, or brigade inspection or review, 

at the time and place appointed, shall forfeit three dollars. 

And in no case in time of peace shall any substitute be re- 

for defioieociet Art. 30. Every non-commissioned officer or private, 
eaoil^p^ta at ^^o shall appear at the company inspection, on the first 
May iitfpec. Tuesday in May, or at any company training, or for any bat- 
talion, regimental, or brigade inspection or review, and shall 
not be armed and equipped as the law directs, shall for each 
[fSee Dote m, article, in which he is deficient,! or which shall be of bad 
«o •^ •) quality, or in bad condition, forfeit as follows : if deficient of 
a good musket, bright and in good order, of a bore sufficient 
for balls of the eighteenth part of a pound, sufficient bayonet 
and belt, and iron or steel ramrod ; all which articles are to 
be considered as one, and a deficiency in either shall be con- 
sidered a deficiency in the whole, he shall forfeit one dollar; 
if deficient of a cartridge box, containing twenty-four car- 
tridges (n) suited to the bore of his musket, and each car- 
Cm) I. It if provided bjch. 819, § 1, "That if any Bon-eommiaiioned offi- 
cer or private shall neglect to attend any company inspeation and drill pro* 
vided for in tbia act, be sball forfeit the mim of fonr dollars ; for neglect to 
attend any brigade, regimental or battalion review, or any company train- 
ing provided for in this act, he shall forfeit the sam of three dollars ; and for 
being de6cieBt in the arms and eqaipments or any part thereof required by 
law, he shall forfeit and pay doable the amount provided for snch deficiency, 
in the acts to which this is in addition, to be recovered and applied as therein 
provided." 

2. Written notifications, made oat by one to whom orders are iasaed to 
warn a company, thongh served by any other person, even by one not be- 
longing to the company, will be safiicient notice. Com. ts. Cutter, 8 Mas$* 
Vf9. Sea notes, ante p; 880. 

(n) Set note /, ante p. 805. 



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MILITIA. 849 

tridge containing a proper quantity of good powder and ball, Ch. 1G4. 
or if deficient of a serviceable knapsack, he shall forfeit ^--*">^-^^ 
thirty cents ; if deficient of two spare flints and priming wire 
and brush, or either of them, he shall forfeit twenty cents ; 
Provided nevertheless^ That none of the above forfeitures 
shall be incurred by any private, in case he appears with a 
good rifle, knapsack, shot pouch, powder horn, a quarter of 
a pound of powder, and twenty balls suited to the bore of 
his rifle : Provided moreovery That cartridges, with ball, shall 
not be brought into the field, except at the company inspec- 
tion on the first Tuesday in May, and knapsacks may be 
dispensed with at the company trainings. 

Art. 31. If any non-commissioned oflicer or private of Fine for not 
any company of artillery, cavalry, light infantry, grenadiers, form olPtSle' 
or riflemen, shall appear on any of the occasions mentioned *»"?*">• 
in the preceding article, without the uniform (o) of the com- 
pany to which he belongs, he shall forfeit one dollar and fifty to art. 27.] 
cents.f 

Art. 32.* All excuses for non-appearance of non-commis- ExcuiSfor 
. sioned officers and privates, must be made within eight (p) days J^i^*nkde* 
of any training, view of arms, or other military duty, to the ^*****" ® ^J»* 
Commanding officers of their respective companies ; and on 
the delinquent's producing or causing to be produced satisfac- 
tory (5) evidence of his inability to appear, his Commanding 

(o) A soldier in the militia at a mviCer for iofpeettoD of arms, &o. ex- 
hibited an eqaipment as his own, which he bad borrowed of another soldier 
at the same rtuBter, and was retamed by the inspecting officer as daly equip- 
ped ; the owner also exhibited the same, and was retarned as doly equip- 
ped ; it was held that the first soldier was liable to the penalty for the defi- 
ciency of such eqaipment, notwithstanding the return of the officer. Com. 
9s. Bullard, 9 Ma$$, 270. See note <r, ante p. 815. 

(jo) It is provided by cb. 819, § 8, vol. 8, p. 164, *<That all excuses of 
non-commissioned officers and privates for neglect of doty, shall be made to 
the commanding officer of the company within twenty days after snch neg- 
lect ; and all prosecations for the recovery of any fine or forfeitare, shall be 
commenced within forty days from the time the ibrfeitare accrued ; and no 
clerk shall be compelled to cumroence a prosecution against any delinquent 
who in the opinion of the raigor partof the comooissioned officers of the com- 
pany is nnable to pay the fine or forfeitore incurred by him.*' See § 12, note 
t, ante p. 882. See Shtrman 99, J/ttdham, 4 Pick, 66. 

(g) From this provision '* it is very clear that a certificate of the surgeon of 
a regiment, of the inability of any non-commissioned officer or private, is not 



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850 MILITIA. 

Ch. 164. officer may excuse bim; but all Commandiog officers of 
''-^'^^^^ companies are hereby forbidden from receiving any excuse, 
for non-appearance, under any pretence whatever, after the 
expiration of the eight days allowed. And any such non- 
commissioned officer or private, who shall neglect to give or 
cause to be given, to his Commanding officer, such satisfactory 
evidence of his inability to appear, (Provided, he is not pre- 
vented therefrom by severe sickness) (9), within the said eight 
days, shall forfeit and pay the penalty by law provided for 
b^ Jd'T^ d* ^"^^ non-appearance. And all Commanding officers of com- 
fect of equip- panics are prohibited (r) from receiving any excuses from 
their men, for any deficiency or deficiencies of equipments, 
and Commanding officers of companies shall inform, or cause 
their clerks to be informed, of all the excuses for non- 
appearances which they may allow as good and sufficient (»). 
Fine for ab- Art. 33. Any non-commissioncd officer or private, be- 

sence from , ^ i/.t--ii -yi 

meeting for ing a legal votcr of a company, who after being duly notified, 
cen^ ° shall unnecessarily neglect to appear at any meeting for the 
choice of any officer or officers of the company to which he 
belongs, he shall for every such neglect, forfeit one dollar, 
SurgeoDs, &c. Art. 34. All Sufgeons and Surgeons' mates are prohib- 
From taking itcd from taking any fee or gratuity whatever, under any pre- 
cTt^of d?8a- ^6"c^ whatsoever, from any man to whom they may give a 
biiity. certificate of inability to perform military duty on account of 

bodily infirmity. And it shall be their duty critically to ex- 
amine the case of any applicant for such certificate, and not 
to grant a certificate unless the infirmity or disability be such, 
b^'ond all doubt, as to render him unable to perform military 

to bo received as conclasive evidence. If such certificate be produced to the 
commanding officer, he may excuse, but is not obliged to do it, if the evidence 
of the fact is not satisfactory to him. Johnson vs. Morse, 7 Pick. 252. 

iq) By severe sickness is intended such sickness os^ prevents the paity from 
giving to his commanding officer within eight days, satisfactory evidence of 
his inability to appear. THbou vs, Reynolds, I Clf* 409. 

(r) By ch. 31^, § 12, vol. 8, p. 166, so much of the above act as prohib- 
its the commanding officers of companies from receiving any excoses from 
their men, for deficiency of equipments, is repealed. 

{s) 1. The provision of art 32 does not apply to one who« thongh he may 
have been notified in a manner prescribed by law, yet had no actual notice 
to apfpear, and who, of conrse, could not know that be was under any legal 



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MIUTIA« 851 

duty. And if any Surgeon or Surgeon's mate, shall in vio- Ch. 164. 
lation of this article, take any fee or gratuity, or if any Sur- ^-^^^^^ 
geon or Physician not commissioned as Surgeon or Surgeon's 
mate, shall without good and su£Bcient cause, grant such cer- Penalty mm] 
tificate in violation of this article, he shall, for every such* °^i[#732j * 
offence, forfeit and pay not less than twenty^ nor more than 
one hundred dollars^ to be recovered by indictment in the 
Circuit Court of Common Pleas ; one half thereof to the 
complainant and the other half to the State* 

Aet. 35. The Aid-de-Camp to each Major General, by Rosters and 
him appointed orderly officer; the Aid-de-Camp of each tote^L^JTiha' 
brigade, and the Adjutant of each regiment, battalion, or ^Jii^e "*°"-' 
corps, shall constantly keep a correct roster of the division, »n«ntf &«• and 
brigade, regiment, battalion, or corps, to wl^ich they respec- 
tively belong; and an orderly book, and record therein all 
orders and other official communications, received or issued 
by their respective commanding officers, and copy, distribute^ 
and transmit, all such orders and other papers, as tiiey may 
be directed by said officers, and attend them while on the 
performance of military duty. 

Art. 36. Every Sergeant Major, Quarter Master Ser- Fmet fiM- neg- 
geant, Drum major or Fife major, who shall be guilty of dienoeof regil 
neglect or disobedience of the orders of the Commandite S^"i^^^- ^^'^ 
officer of their respective regiments or battalions, shall, for comrakwoned. 
each offence, forfeit not less than five dollarsp nor more than 
twenty dollars, to be recovered by the Adjutants of their re- How recovered 
spective regiments or battalions, on complaint, in tlie same ^^^ d«»po«** 
manner, that fines are recovered by clerks of companies; 
one half thereof to said Adjutant, for his own use, and the 
other half to be expended by him, under the direction of the 
field officers, in the repair of the regimental and battalion 
colours, and of tlie musical instruments furnished by the State 
for the use of the companies of his said regiment or battalion, 
and the purchase of camp colours. And ev«ry such non- 

obUgation to oiTer an excase, nor that he had been guiltjr of any neglect, 
which required one. Cutter^ Pltf. in error vs. Tole, 2 Glf. 181. 

^. In case of permanent ho^iXy diaability the defendant need not pro- 
duce the certificate of the surgeon, nor offer his excuse within eight days. 
Com. ts. Fitz, II Afttgs. 540. Pitts , PHf. in error vs. Weston, 2 Glf. 
349. Hume vs. Vance, 7 Otf. 158. Bee notes to § 85, ante p. 840. 



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863 mUTIA. 

Ch. 164. commissioned officer, who shall be guilty of any disobedience 
^-^"^^"^^ of orders, neglect of duty, or other unmilitary conduct, may 
Siich rtaff ^^ reduced to the ranks by their Brigadier General, by and 
oJJ"** ""gr be ^ith the advice of the Commanding officer of the regiment 
or battalion to which such non-commissioned officer may 
belong, 
^kitobc Art. 37. These rules and articles shall be read at the 

company 1st head of cach company on the first Tuesday of May annually. 
May. *^ ° Sect. 46. Be it further enacted ^ That all fines and for- 

^'w^^ec^Yered. fcit"**cs incurred by non-commissioned officers and privates 
[•T33] under* the provisions of this act, the recovery of which, and 
the mode of the recovery of which, are not in and by this 
act otherwise provided for, shall be prosecuted for and re- 
covered by the respective clerks of the companies to which 
such nou'^^ommissioned officer or officers, private or privates, 
incurring any fine or forfeiture, as aforesaid, belong, in an 
action of debt (f), before any court proper to try the same. 
pr^udoM.*^ And such action shall not be commenced till after eight days, 
ttsee art. 82, and shall be commenced within thirty days,t after the day of 
»^ej»»aotep. ^^ parade of any company to which such clerk belongs. 
Clerk Bitoy*- Aiid it sball be lawful for any clerk in such action, to amend 

mend his wnc> , . » . . r i ^ r x ,. . - 

ia any stace. ois wnt m any stQge of the process before the rendition of 
Clerk not lia- fin*' judgment therein, without paying costs. And no clerk 
bfcMo c<MU la gjjj] jjg ]\^\jIq to pay any defendant costs, in any case in 
which the Commanding officer of the company has endorsed 
his approval on the writ of such clerk. And no appeal (u) 
fr^m^Sd^nt shall be allowed from any judgment of a Justice of the Peace, 
10 dShSwd ^^®° *® forfeiture by him adjudged does not exceed ten 
l««. dollars, exclusive of costs. 

tlt^^l Sect. 47. Bt it further enacted. That the Clerk of 
«d by clerks of each cooipany shall retain to his own use, one fourth part of 

companies. 

all fines and forfeitures collected or recovered by him, and 
the residue he shall faithfully pay over to the Commanding 
officer of the company, on demand ; and the Commanding 

(I) One committed to priaon on a jadgment against him for a penalty in- 
curred nnder the act for regnlating the militia, it entitled to the beoe6t of the 
act (er the relief of poor prisonen. Dyer vs . Hunnefjoell, 1 2 Mats. 27 1 . 

(u) Thii proviaion does not contrtYene the article in the conetitation, «•- 
coring a trial hy a jnrj. Mountfori o«. Hall, 1 MoMi. 452. 



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MIUTIA. 853 



[lb. $ 874 



officer of the company shall give his receipt to the Clerk for Ch. 164. 

all money pud oyer to him as aforesaid. And it shall be the 

duty of every Commanding officer of a company to expend 

such part of the money paid him by the Clerk as may be 

necessary for defraying such company expenses, as a majority 

of the commissioned officers of the company shall judge to 

be necessary. 

Sect. 48. Be it fwrther enactedj That the Adjutant CompeuMtioo. 
General and the Quarter Master General (r) shall receive [n>.^8&] 
compensation for their services, to be allowed by the Legis- 
lature. 

Sect. 49. Be it further enacted^ That the following 
shall be the annual allowance to the officers hereinafter named, 
as a full compensation for all the services they may render in 
the official discharge of their duties respectively : 

To the Aid-de«Camp acting as orderly officer to the Major Compeontioo 
General of each division, fifty dollars ; to the Brigade In- ^^^'^ffi^* 
spector* of each brigade, twenty dollars; to the Brigade [n34] 
Quarter Master (w) of each brigade, ten dollars ; to the Aid- 
de-Camp of each Brigadier General, twenty dollars ; to the 
Adjutant of each regiment, twenty-five dollars ; to the Adju- 
tant of each battalion of cavalry or artillery, fifteen dollars ; 
to the Quarter Master of each r^ment, ten dollars : Pro^ 
vided, The said officers shall promptly and faithfully perform 
the duties belonging to them, respectively. 

Sect. 60. Be it further etuicttd^ That it shall be in- Duties of cer. 
cumbent on all officers and non-commissioned officers, whose £^""*^*** **^' 
duties are not herein fully defined, to do and perform all 
such duties as by law and military principles and usage are 
attached to their offices respectively : Provided^ Such dutiei) 
shall be required of them by their senior and proper Com- 
manding officer. 

Sect. 51. Be it further enacted, That the Adjutant Adkitant gen- 
General is hereby authorized to issue blank forms, to be uni- biankfmisfor 
form throughout the State, for the use of the officers of the JSiSr.***^^ 
Militia, and for the auditing of military accounts of every 
description. 

(v) See Resolve paned April 1, 1881, eh. 87. 
(t0) See note v, $ 27, ante, p. 884. 



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854 MILITIA. 

Ch. 164. [Skct. 62, repealed; seech, 240, $ 8, Tol. 3, p.Tl. 
^^^.^^^^^ It provided for the diatributioa of copies of Infantry exerciae nod manoeuvres.] 

Newdivisiont, Sect. 53. Be U further tfiactedy That every new divis- 

jl^w ^umbered Jqh q)^q\\ [jg designated by the number, next higher than that 

of the division estabhshed next before it, and the divisions 

shall take rank according to the numbers by ^hich they are 

severally designated, the first being highest in rank. 

RULES AND ARTICLES 

For governing the Troopt ttationed in ForU and Garrisons, within tktt 
SUte; and aUo the Militia, or any pari tktrtaf, token ealUd into actual 
service. 

Rides and ar. Sect. 54. Be it further efMCted. That the following 

tides for gov- . 

emiog militia, rulcs and articles, be, and they hereby are, established, and 
servi^r declared to be in force, for governing all troops stationed in 
forts and garrisons within this State ; and also the Militia, or 
any part thereof, when called into actual service, viz. 
Officers and ARTICLE 1. All officers and soldiers shall diligently at- 

tcnd dTviSe"^ tend divine service ; all officers and soldiers who shall un- 
"^^♦^Tb*] necessarily* absent themselves from or behave indecently or 
irreverently at any place of divine worship, shall, if commis- 
sioned officers, be brought before a general court martial, 
there to be publicly and severely reprimanded by the Presi- 
dent ; if non-commissioDed officers or soldiers, every person 
Forfeitorea for SO offending, shall for the first offence, forfeit twenty cents, 
'^^^' to be deducted out of his next pay ; for the second offence 

he shall not only forfeit a like sum, but be confined twenty- 
four hours ; and for every like offence, shall suffer and pay 
in like manner ; which money so forfeited, shall be applied 
to the use of the sick soldiers of the troop or company to 
which the offender belongs. 
Panishment Art. 2. Whatsoever non-commissioned officer or sol- 

mJumT* d»er shall use any profane oath or execration, shall incur the 

penalities expressed in the foregoing article ; and if a com- 
missioned officer be thus guilty of profane cursing or swear- 
ing, he shall forfeit and pay, for each and eyery such offence, 
sixty-seven cents. . . 

for traitorous ^ Art. 3. Whatsoever officer or soldier shall presume to 
JJord*^*^ use traitorous or disrespectful words, against the authority of 
the United States, in Congress assembled, or the Legislature 
of this State ; if a commissioned officer, he shall be cashier- 



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MILITIA. 855 

ed; if a non-commissioned ofRcer or soldier, he shall suffer Ch. 164. 
such punishment as shaH be inflicted upon him by the sen- ^-^^v^^-^ 
tence of a court martial. 

Art. 4. Any officer or soldier who shall behave himself for contempt, 
with contempt or disrespect towards the Commander in comnuSwi. 
Chief, or any General or Commanding officer of the troops 
or Militia of this State, or shall speak words tending to his 
hurt or dishonor, shall be punished according to the nature of 
his offence, by the judgment of a court martial. 

Art. 5. Any officer or soldier who shall begin, excite, for matiny— 
cause or join in any mutiny or sedition, in the troop, com- 
pany or regiment ta which he belongs, or in any other troop 
or company in the service of this State, or in any party, 
post, detachment or guard, on any pretence whatsoever, shall 
suffer such punishment as by a court martial shall be infficted. 

•Art. 6. Any (^Bcer, non-commtsskmed officer or sol- for not miog 
dier, who, being present at any mutiny or sedition, doth not JSppraw^muti- 
use his* utmost endeavors to suppress the same ; or coming '*^T».y30i 
to the knowledge of any intended mutiny, doth not without 
delay give information thereof to his Commanding officer, 
shall be punished by sentence of a court martial, accordmg 
to the nature of his offence. 

Art. 7. Any officer or soldier who shall strike his supe- for striking or 
rior officer, or draw or lift up any weapon, or offer any vio- ?emL* to8up«ri- 
lence against him, being in the execution of his office, on ^^ <>"««■• 
any pretence whatsoever, or shall disobey any lawful com- 
mand of bis superior officer, shall suffer such punishment as 
shall, according to the nature of hrs offence, be inflicted upon 
him by the sentence of a court martial. 

Art. 8. Any non-commissioned officer or soldier, who Desertion, 
shall desert, or, without leave from his Commanding officer, 
absent himself from the troop or company to which he be- 
longs, or from any detachment of the same, shall, upon con- 
viction thereof, suffer death, or such other punishment as 
shall be inflicted by the sentence of a general court martial. 

Art. 9. Whatever officer or soldier shall be convicted Punishment for 

t /*• ij* persuading oth- 

of having advised or persuaded any other officer or soldier ^^ to desertT- 
to desert, shall suffer such punishment as shall be inflicted 
by the sentence of a court martial. 
Vol. II, 40 



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856 MIUTU. 



Ch. 164. Art. 10. No officer or soldier shall use any reproachful 

^'^^^'^ or provokii^ speeches or gestures to aeother; nor shall any 

sMcK^^or"^ officer or soldier presume to send a cbaUeoge to any person 

chaUenges— ^^ g^j^^ ^ ^^^j^ ^^^ ^^^^^ jf ^ commissioned officer, of berag 

-cashiered ; if a non-commissioned officer or soldier, of suffer- 
ing corporal punishment, at the discretion of a court martial. 
for officers suf- Art. 11. If any commissioned or non-commissioqed 
figttd^ta.'^*'' officer commanding a guard, shall knowingly and willingly 
suffer any person whatsoever to go forth to fight a duel, he 
shall be punished as a challenger ; anid likewise all seconds, 
promoters and carriers of challenges^ in order to duels, shall 
be deemed as principals^ and be punished accordingly. 
Officers to Art. 12. All officers oi what condition soever shall have 

^jL^dm] power to part and quell all quarrels, frays and disorders, 
^'C. though the persons concerned shoidd belong to another regi- 

PuniBhmentfor Hient, troop or company ; and either to order officers into 
resisuuice. arrest, or non-commissioned officers or soldiers to prison, 
until their proper superior officers shall be acquainted there- 
1*737] with ; and whosoever* shall refuse to obey such officer, 
(though of an inferior rank) or shall draw his sword upon 
him, shall be punished at the discretion of a general court 
martial, 
for opbraiding Art. 13. Whatsoever officer or soldier shall upbraid an- 
Aising a^chai- Other for refusing a challenge, shaU be considered as a chal- 

^* lenger, and punished accordingly. 

Officers to ^RT. 14. Every officer commanding in quarters, garri- 

dw^ anT*r^' ^^^> ^^ ^^ * march, shall keep good order, and to the utmost 

dress abases, of his power redress all such abuses or dis<N*ders as may be 

committed by any officer or soldier under his command ; and 

if, upon complaint made to him of officers or soldiers beating 

or otherwise ill treating any person, or of commitling any 

kind of riots to the disquieting the good citizens of this or 

either of the United States, he shall refuse or omit to see 

justice done on the offender or offenders, and reparation made 

to the party or parties injured, so far as the offender's pay 

shall enable him or them, he shall, upon proof thereof, be 

punished by a general court martial, as if he himself bad 

conmiitted the crimes or disorders complained of. 

Art. 15. If any officer shall think bunaelf to be wronged 



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MILITIA. 857 

by bis Colonel, or the Commandiiig officer of his regiment, Ch. 164. 
and sbtll, upon due appficatioo made to him, be refused to ^-^^^^"^^ 
be redressed, be may complain to the General or Commander ed by his coio- 
in Chief of the forees in service, in order to obtain justice, pfaiTto g^- 
Yfho shall examine into the complaint and see that justice be ^* 
done* 

Art. 16. If any inferior officer or soldier shall think Subaltern or 
hbnself wronged by his Captain, or other officer command- ^mpUd^^e 
ing the troop or company to which he belongs, he may com- bij*'^p3|°* 
plain thereof to the Commanding officer of the regiment, 
who shall summon a regimental court martial, for the doing 
justice to the complainant ; from which regimental court mar- 
tial either party if be thinks himself still aggrieved, may 
appeal to a general court martial. But if, upon a second 
bearing, the appeal shell appear to be vexatious and ground- 
less, the person so appealing shall be punished at the discre- 
tion of the said general court martial. 

Art. 17. Whatsoever non-commissioned officer or sol- i-unishmcntfor 
dier shall be convicted at a court martial of having sold, or ^oJ^*™""' 
designedly, or through neglect, wasted the ammunition deliv- 
ered out to him to be employed in the service of this State, 
shall, if a non-commissioned* officer, be reduced to a private, rn38] 
and if a soldier, shall sufibr such punishment as shall be in- 
flicted upon him by a court martial. 

Art. 18. All non-commissioned officers and soldiers forbeingfoond 
who shall be found one mile from the camp without leave, in °°® ™*^®. t<*™ 

*■ ' camp without 

writing, from their commanding officer, shall suffer such pun- loav*— 
ishment as shall be inflicted on them by the sentence of a 
court martial. 

Art. 19. No officer or soldier shall be out of his quar- for being outof 
ters or camp, without leave from his Commanding officer, ^^ip^wiSont 
upon penalty of being punished according to the nature of ^^* 
his offence, by the sentence of a court martial. 

Art. 20. Every non-commissioned officer and soldier soWien to re- 
shall retire to his quarters or tent, at the beating of the tattoo, ^^i^ J^^e 
in default of which he shall be punished according to the ^^f ^^ ^ 
nature of his offence, by the sentence of a court martial. 

Art. 21. No officer, non-commissioned officer or soldier officers ana 
shall finl to repair, at the time fixed, to the jdace of parade soidierB to re- 



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858 MILITIA. 

Ch. 164, or exercise, or other rendezvous, appointed by bis Com- 
v-^-v^^^ manding officer, if not prevented by sickness or sonie other 
aTTii^ 6xed. evident necessity ; nor shall go from the said place of ren- 
dezvous or from the guard, without leave from his Command- 
ing officer, before h^ shall be regularly dismissed or relieved, 
on the penalty of being punished according to the nature of 
bis offence, by the sentence of a court martial. 
Pimiahmentfor Art. 22. Whatsoever commissioned officer shall be found 
druii ^on"*^ drunk on his guard, party or other duly, under arms, shall be 
guard or duty; cashiered for it; and any non-commissioned officer or sol- 
dier, so offi^nding, shall suffisr such punishment as shall be 
infficted by the sentence of a court martial, 
for Bentineli ^^'^- ^^' Whatsoever sentinel shall be found sleeping 
tfS'Mtf^" upon his post, or shall leave it before he $hall be regularly 
relieved, shall suffer such punishment as shall be inflicted by 
the sentence of a general court martial. 
PuDiahmentror Art. 24. Any persou belonging to the forces employed 
ftS»eaKj— ^ ^1*® service of this State, who, by discharging of fire arms, 
drawing of swords, beating of drums, or by any other means 
whatsoever, shall occasion false alarms in camp, garrison, or 
quarters, shall suflfer such puishment as shall be ordered by 
the sentence of a general court martial. 
1*730] Art. 26.* Any officer or soldier, who shall, without 

pbtcK«ifr5£:. "^6®°^ necessity or without the leave of his superior officer, 
quit his platoon or division, shall be punished according to 
the nature of his offence, by the sentence of a court martial, 
for insults, &c. Art. 26. No officcr or soldier shall do violence or offer 
Wn^l^'^ro. ®°y insult or abuse to any person who shall bring provisions 
viBioM, &c. Qf other necessaries to the camp, garrison, or quarters, of 
the forces of this State, on pain of suffering such punish- 
ment as a court martial shall direct, 
for abandoning Art. 27. Whatsoever officer or soldier shall abandon 
^' engage^' ^7 P^s^ Committed to his charge, or shall speak words in- 
■*^*^ ducing others to do the like, in time of an engagement, shall 

suffer death, or such other punislmient as shall be inflicted by 
the sentence of a general court martial, 
for diTuigiog Art. 28. Any person belonging to the forces in the ser 
^ich word, ^j^^ ^f jjjjg g^jjg ^^ gjjjj n^gj^ known the watch word to 

any person not entitled to receive it according to the rules 



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MILITIA^ 859 

and discipline of war, or shall presume to give the parole or Gh. 164. 
watch word different from what he ipeceived, shall suffer ^-^n^-^*' 
death, or such other punishmeot as sball be^ ordered by the 
sentence of a general court martial. 

Art. 29. Whosoever belonging to the forces in the ser- for r«iieving 
vice of this State shall relieve the enemy with money, vict- nw^^cT**** 
uals or ammunition ; or sball knowingly harbour and protect 
an enemy, shall sufibr such punishment as by the sentence 
of a court martial shall be inflicted. 

Art. 30. Whosoever belonging to the Maine forces shall ^ corrMpon- 
be convicted of holding correspondence with, or giving intel- ^yf ^^^ ***** 
ligence to the enemy, either directly or indirectly, shall suffer 
such punishment as by the sentence of a court martial shall 
be inflicted. 

Art. 31. All public stores taken from the enemy by the Public stores 
forces in the service of this State, shall be secured for the Se^^of^£ft 
use of the State. ®'*^- 

Art. 32. If any oflicer or soldier sball leave his post or punishment foi 
colors to go in search of plunder, he shall, upon conviction J^^'JftJ^'iun" 
thereof, before a general court martial, suffer such punish* «*«>- 
ment as by the sentence of the said court martial shall be 
inflicted. 

Art. 33.* If any commander of any garrison, fortress f*T^^l, 
or post shall be compelled, by the officers or soldiers under compelling 

- . - . , 1 1 • I tlieir officers to 

his command, to give up to the enemy or to abandon it, the abandon post 
commissioned officers, non-commissioned officers or soldiers, ^ « enemy, 
who shall be convicled of having so offended, shall suffer 
death, or such other punishment as shall be inflicted upon 
them by the sentence of a court martial. 

Art. 34. All sutlers and i*etailers to the camp, and all Sutlers and re- 
persons serving with the troops of the State in the field, shall l^bj^' ^^r- 
be subject to orders according to the rules and discipline of *'®"» *'*^- 
war. 

Art. 35. If, upon marches, guards or in quarters, differ- whendiflferent 
ent corps shall happen to join or do doty together, the eldest ^^^iJ^^offil 
officer by commission there on duty, or in quarters, shall «^ ^ «>m- 
command the whole, and give out orders for what is needful 
for the service, regard betog always bad to the several ranks 
of those corps, and the posts they usuaUy occupy. 



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860 MILITIA. 

Cu. 164. Art. 36. If anj regtments, troops or <iettchmeots of 
v-^-v-^^ horse or foot shall happen to inarch with, or be eneamped or 
of troops qusir- quartered with, any bodies or detachments of other troops, 
lto^geSher?to ^hc eldest officer, without respect to corps, sbdl take upon 
w*lwnSr"offi^ hira the comiBand of the whole, and give the necessary orders 
oer without re- iq the service. 

gard to corps. 

General court Art. 37. A general court martial shall not consist of less 
martial how or- tfj^n thirteen commissioned officers, and the President of 

ganized as to , ' 

numbers, «^c. such court martial shall not be the Commander in Chief, nor 

Commanding officer of the troops in service or garrison, 

where the offender shall be tried, nor under the degree of a 

Field officer. 

Rank of offi- Art. 36. The members of courts martial, shall, when 

*'*"• belonging to different corps, tak^ rank as is herein before 

directed when on other dnty. 
Proaecutor m -A^*'' ^^' Some person shall be appointed by tlie Com- 
tJ*^dmidlteJ' manding officer, who shall order the court martial to prose- 
oath to mem- ^ute in the name of the State of Mame : and in trials of 

bers. ^ ' 

ofienders, such person shall administer to each member the 
following oath : 

Form of oath. You «wear, that you wiB well and truly try and detetraiue, according to your ev- 
idence, the matter now before you, between the State of Maine apd the prisoner to 
r*Y411 ^ tried; that you will duly administer justice according to the rules and articles* 
for governiog tlie troops of the said State without partiadity, favour or affection ; 
and if any doubt shall arise which is not explained by the said articles, according 
to your conscience, the best of your understanding, and the custom of war in like 
cases; that you will not divulge the sentence of the court until it nhall be approved 
of by the commanding officer; and that you will not, upon any account, at any time 
whatsoever, disclose or discover the Tote or opinion of any particular member of 
the court martial, unlets required to give evidence as a witness Joy a court of jus- 
tice, in a due course of law. So help you GOD, 

Prosecutor to Which oalh being administered to the members of the 
■*^"'* court, the President shall administer the following oath to the 
person prosecuting as aforesaid. 

Form of his You, A B, do swear, that you will not, upon any account, at any time whatso- 
oath. ever, disclose or discover the vote or opinion of any particular member of the court 

martial, unless required to give evidence thereof as a witness, by a court of justice, 

in a doe course of law. So hilp jfou QOD* ■ 

Modeof giving Art. 40. All the members of ia court martial are to be- 
^""^^ have with calmness and decency ; and in the giving their 

votes, are to begin with the youngest in comnmsion. 
Witnesses. Art. 41. All persous wfao give evidence b^bre a court 



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MIUTU« 861 

mtrtial, shall be examined upon oath, which oath shall be ad- Cn. 164. 
ministered by the President of the coittt martial, in the form ^'^^><^^ 
following : 

Yoq swear, the eridtnca yov thmW gb« in the coom now hi boftnDg> shall bar Form of oath, 
the truth, the whole truth, aqd nothing but the truth. 80 htlp you GOD, ^ 

Art. 42, No sentence of death shall be given against any Two thirds to 
offender by any general court martial, unless two thirds of the ^.[^nee^'of 
members shall concur therein. . **«"**» " K»v«i. 

Art. 43. All persons called to give evidence in any cause pmnahment of 
before a court martial who shall refuse to give evidence, shall J^^H^^^ 
be punished for such refusal at the discretion of such court ^y- 
martial. 

Art. 44. No field officer shall be tried by any person un- Trialshowcar- 
der the degree of a Captain ; nor shall any proceedings or '^**** **"• 
trials be carried on excepting between the hours of sun-rise 
and sunset. 

Art. 45.* No sentence of a court martial shall be put in (♦T42] 
execution, until after report shall be made to the Command- reported to the 
ing officer where the court martial shall be held, and his or- ^^^ *"^ 
ders to be issued for carrying such sentence into execution. 

Art. 46. The commissioned officers in any regiment, Regineaua 
may, by the appointment of their Colonel or Commanding ^^""^ "•**^»**» 
officer, hold regimental courts martial for the inquiring into 
such disputes or criminal matters as may come before them, 
and for infficting corporal punishment for small offences, and 
shall give judgment by the majority of voices ; but no sen- 
tence shall be executed till the Commanding officer (not 
being a member of the court martial) shall have confirmed 
the same. 

Art. 47. No regimental court martial shall consist of to consist of, 
less than five officers, excepting in cases where that number J^J^ **^* 
cannot be conveniently assembled, when three may be sufiS- 
cient ; who shall likewise determine upon the sentence by 
the majority of voices. 

Art. 48. Any officer commanding in a fort, cattle, har-^ Commanders 
rack or elsewhere, where the corps under his command conr ^y^^JSc^^' 
sists of detachments from different regiments, or of any in- ^'^^"^ martial, 
dependent company or companies, may assemble courts mar- ^ 
tial for the trial of offenders m the same manner as if they 



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862 MILITIA. 

Ch. 164. were regimental, whose sentence shall not be executed unlii 
^-^"^""^^ it shall be confirmed by the said Commanding officer. 
Penalty for dig- Art. 49. No person whatsocvcr shall use menacing 
manhS. ^^^^ words, signs or gestures in the presence of a court martial 
then sitting, or shall cause any disorder or riot so as to dis- 
turb their proceedings, on the penalty of being punished at 
the discretion of the said court martial, 
offendcra how Art. 60. To the end that offenders may be brought to 
proceededyxith justice, whenever any officer or soldier shall commit a crime 

previous to tn- '' . , ^ 

«U. deserving punishment, he shall, by his Commanding officer, 

if an officer, be put in arrest ; if a non-commissioned officer 
or soldier, be imprisoned until he shall be either tried by a 
court martial, or shall be lawfully discharged by proper au- 
thority. 
Not tocontin- Art. 51. No officer or soldier who shall be put in arrest 
^ntrooreS^ or imprisonment, shall continue in his confinement more 
8 dajra, &c. than* eight days, or until such time as a court martial oan be 

conveniently assembled. 
Account of the ^^'^' ^^' ^^ officcr Commanding a guard or provost 
to'te *^h^^ martial, shall refuse to receive or keep any prisoner comrait- 
writhig St the ted to his charge by any officer belonging to the forces of 

time 01 cooB* ^. 

mitment. this Stale ; which officer, shall, at the time of commit- 
ment, deliver an account, in writing, signed by himself, of 
the crime with which the prisoner is charged. 
Punwhmentfor Art. 53. No officer Commanding a guard or provost 
onlM*wr[hoIit** "^^^^ ^^^^^ presume to release any prisoner committed to 
muthority. his charge, without proper authority for so doing, nor shall 
he suffer any prisoner to escape, on the penalty of being 
punished for it by the sentence of a court martial. 
Provoet mar- Art. 54. Every officer or provost martial to whose 
quired to ^ve chargc prisoucrs shall be committed, is hereby required, 
SS^^rTut'o^ within twenty-four hours after such commitment, or as soon 
cbwTO^'&c!** as he shall be released from his guard, to give, in writing, to 
Bgaintt them, the Colonel of the regiment to which the prisoner belongs 
(where the prisoner is confined upon the guard belonging to 
the said regiment and his offence only relates to the neglect 
of duty in his own corps) or to the Commander in Chief, their 
names, their crimes, and the names of the officers who com- 



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MILITIA. 863 

mined them, oo the penalty of his being punished for his Ch. 164. 
disobedience or neglect, at the discretion of a court martial. ^"^^^^^^^ 

Art. 56. If any officer under arrest, shall leave his con- officers arrest- 
finement before he shall be set at liberty by the officer who fi^^Jn^t^tTto 
confined him, or by a superior power, he shall be cashiered cashiered, 
for such bis offence. 

Art. 66. Whatsoever commissioned officer shall be officers con- 
convicted before a general court martial of behaving in a V^}^ ^k^' 
scandalous, infamous manner, such as is unbecoming the i^ur, 4&c. tobe 
character of an officer and a gentleman, shall be discharged 
from the service. 

Art. 67. All officers, conductors, gunners, matrosses. Artillery offi- 
drivers, or any other person whatsoever, receiving pay or «"dri^l^&^" 
hire in the service of the State artillery, shall be governed |h^*,!Jji^'^ 
by the aforesaid rules and articles ; and shall be subject to be 
tried by courts martial in like manner with other officers and 
soldiers. 

Art. 68.* For differences arisbg amongst themselves, or [*744] 
in matters relating to their own corps, the courts martial may Sa7««a^t*of 
be composed of their own officers ; but where a sufficient ^^^^. ^^° f ?* 

^ ' cers in certain 

number cannot be assembled, or in matters wherein their c^*^* 
corps are interested, the officers of artillery shall sit in courts 
martial with the officers of other corps. 

Art. 69. No person shall be sentenced to suffer death, no sentence of 
except in the cases expressly mentioned in the foregomg ^^i^^x^pt 

articles. »« «>«« ex- 

pressed. 

Art. 60. The field oflkers of each and every regiment Field officers 
shall appoint some suitable person belonging to such regiment iSni^to'^^efve 
to receive such fines as may arise within tlie same for any ^'*^' ^^' 
breach of any of the foregoing articles ; and shall direct the 
same to be properly applied to the relief of such sick, or 
necessitous soldiers as belong to such regiment ; and such 
person shall account with such officer for all fines received 
and the application thereof. 

Art. 61. All crimes not capital, and all disorders and crimes, not 
neglects, which officers and soldiers may be guilty of to the ^emToned**' 
prejudice of good order and military discipline, though not i>erein, may be 
mentioned in the foregoing- articles, are to be taken cogni- auccof. 
zance of by a general or regimental court martial, according 

Vol. II. 41 



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864 



TREASUKY. 



Ch. 165. 



Officer or sol- 
dier accused of 
a crime against 
State lawi>&c. 



to be delivered 
over to the civ- 
il magistrate. 



[n451 



Former lawi 
repealed. 



to the nature and degree of the offence, and be punished ac 
their discretion. 

Art. 62. Whenever any officer or soldier shall be ac- 
cused of a capital crime, or having used violence or commit- 
ted any offence against the person or property of the good 
people of this or either of the United States, such as is pun- 
ishable by the known laws of the land, the Commanding 
officer and officers of every regiment, troop or party to which 
the person or persons so accused shall belong, are hereby 
required, upon application duly made by or in behalf of the 
party or parties injured, to use his utmost endeavors to de- 
liver over such accused person or persons to the Civil Mag- 
istrate, and likewise to be aiding and assisting the officers of 
justice in apprehending and securing the person or persons so 
accused, in order to bring them to trial. And if any Com- 
manding officer or officers shall wilfully neglect or shall re- 
fuse, upon the application aforesaid, to deliver over such 
accused person or persons to the Civil Magistrate, or to be 
aiding and assisting the* officers of justioe in apprehending 
such person or persons, such officer or officers, so offending, 
shall be cashiered. 

Sect. 55. Be it further enacted^ That all laws in force 
in this State, mconsistent with the provisions of this act, be 
and the same hereby are repealed. [Approved March 21, 
1821.] 

Additional Act, ch. 240, vol. 3. p. 70. 

[1. The proviiion of $ 46» ante p. 852, relative to the ezemption of companj deriu 
from ooftf , extends to the ooeU in aU Bubeeqoent stagei of the proceedings, as well 
as to those aoeming in the Jostice's court. Wmtlow vs. Prtncf, 6 0{f. 264. 

2. Whether the clerk need iniidorse the writ with his own name, iiu$r$. Ab^^i 
v$ Crmtf/brd, 6 Qff. 214. ] 



€luipter IBS. 

AN ACT providing for the seonritj of the Treasury of this State. 

Treasurer to Sect. 1. Be U enacHd by tht Senate and Howe of 
Repreeeniatweif in LegiiUUure aeeembkdy That every person, 



give bond. 



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TREASURY. 865 

chosen to the office of Treasurer (a) of this State, shall give Ch. 165. 
the bond, which by the CoDstitution is required, to the State .^^^""^ 
of Maine, in the penal sum of not less than seventy-five Mar. 8, 1792, 
thousand dollars, with at least six good and sufficient sureties 
residing within this State. The condition of which bond Condition, 
among other things, shall be for the faithful performance and 
discharge of aU the duties of his said office, and for the fidel- 
ity of all persons by him employed and entrusted with any of 
the concerns of such office, and that during his continuance 
in office, he will not engage in any business of trade or com- 
merce, or as a broker, nor as an agent or factor for any 
merchant or trader, and that he, or his executors or adminis- 
trators, or sureties, or their respective executors or adminis- 
trators shaU, and will render a Just and true account of all his 
and his agents' and servants' doings and transactions in said 
office to the Legislature, or such conunittee as they shall ap- 
pomt, on the first Wednesday of January annually, and pre- 
vious to a new Treasurer's being chosen, and at any other 
time that shall be required by the Legblature, or the Gov- 
ernor and Council ; and that he will settle and adjust said 
account, and faithfully and without delay deliver over to his 
successor in office, or such person or persons as by the Le- 
gislature shall be appointed for that purpose, all and singular 
the monies, books, property and appurtenances of said office 
being and remaining in his hands, or in the hands of his 
agents or servants, and truly and without delay to pay over 
all such balances that shall appear due upon the adjustment 
of the accounts* of his said office ; which bond when exe- rn46i 
cuted and approved, as by said Constitution is provided, shall 
be lodged in the Secretary's office. And the Attorney Gen- 
eral, upon order of the Governor and Council, or of the 
Senate and House of Representatives shall and may, in be- [lb. ^ 4.1 
half and for the use of said State, commence an action or 
actions on such bond and the same pursue to final judgment, 
execution and satisfaction. 

Sect. 2. Be it further enacted, That the Governor, GoTeroor and 
with the advice of Council, upon the complaint or suggestion, ^i^Ta Tacair 

(a) He is required to keep hie offiee at the leat of goTemment, bj ch. 21 2, 
Tol. 3, p. 42. 



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866 TREASURY. 

Ch. 155. made under oath, of any surety of a Treasurer in any bond 
^■"f"^^"^^. to be taken as aforesaid, that such officer is insane, or niani- 

cv 10 ccrtsiin 

caaes, fcstly insolvent, or hath absconded and concealed himself for 

[lb. § 2.] fear of his just creditors, or is absent from this State, or the 
duties of his said office, to the imminent hazard of the said 
State in respect to the trust in such officer reposed, and the 
truth of such complaint or suggestion appearing upon due 
examination thereof had, shall have the authority, and it shall 
be their duty, to discontinue such Treasurer and declare such 
and appoint a officc vacaut.. And in case of vacancy in the office of 
ofOwtreaiwy. Treasurer by death, resignation or otherwise, or said Treas- 
urer shall become manifestly insolvent in the recess of the 
Legislature, the Governor, vi^ith advice and consent of the 
Council, shall appoint some suitable person a commissioner 
to transact the duties of said office during the remainder of 
the political year, for which such officer was chosen, unless 
the Legislature shall be sooner in session. And before such 
person so appointed shall proceed to discharge the duties of 
said office, he shall take and subscribe the oaths and give 
bonds with the same conditions required of the Treasurer 
elected by the Legislatiure, to the acceptance of the Govern- 
or and Council. 
And two per- Sect. 3. Be it further enacted, That whenever it shall 
MwilSt^of *" become necessary that a Commissioner should be appointed 
iS!e"treiMrr' *° ^^^^^ ^^^ sccoud scction of this act to transact the duties of 
Treasurer, it shall be the duty of the Secretary of State and 
the Attorney General, or two discreet and impartial citizens 
to be appointed by warrant under the hand and seal of the 
Governor as soon as practicable, after either of the events 
shall happen mentioned in the second section aforesaid, ren* 
[♦747] dering* it necessary for the appointment of a Commissioner, 
having first given notice to the sureties, or any two of them, 
or the late Treasurer, or Treasurer thus to be superseded, 
shall take a true and accurate inventory of all monies, notes, 
bonds, books of account and other property belonging to the 
State, which was in the ]>ossession of such Treasurer, or in 
the hands of any of his agents or servants, wherever to be 
found ; all which shall be delivered over by them to such 
person, as may be appointed to discharge the duties of Treas- 



lb. §8.] 



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PETITIONS. 867 

urer as aforesaid, he giving a receipt therefor on the back of Ch. 166. 
said inventory, which shall be lodged in the Secretary's ^-^">^-^^ 
ofEce : a copy of which may be given to any person inter- 
ested therein. 

Sect. 4. Be it further enacted^ That if any Clerk, or PanUhment of 
other person enaployed by the Treasurer shall commit any "^^ *"*^ *^ 
fraud or embezzlement therein, and shall be duly convicted ^^^* ^ ^'^ 
thereof before the Supreme Judicial Court, he shall be pun- 
ished by fine not exceeding two thousand dollars, or by con- 
finement to hard labor for a term of years, or for life, accor- 
ding to the nature and aggravation of the offence and the 
judgment of said Court thereupon. [Approved June 13, 
1820.] 



Chapter 166. 

AN ACT directing the manner in which noticef upon Petitions to be preeented to 
the Legislatare may be given. 

Sect. 1. oE it enacted by the Senate and House o/ Petitioners to 
Itepresentativesj in Legislature assembled j That when any may'^ufy'^n^ 
individuals or corporations or their agents may have signed a J^l^'^j^^^ 
petition to be presented to any future Legislature of this ^ •erying 

a 111 .1 ^1 .. them with copy 

State, and when the grantmg the prayer of such petition may of their peti- 
effect the rights or interests of any other individuals or cor- fore nexFaei- 
porations, the petitioners may cause the individuals or cor- ■***"* 
porations whose rights or interests may be thus effected, if 
known, to be served with a true and attested copy of the 
petition sixty days at least before the commencement of the 
session of said Legislature, by any Sheriff, deputy Sheriff, 
Constable or Coroner, who shall make due return thereof: 
And when all the* individuals or corporations whose right or [♦T48] 

, , . , If persons in- 

int^rest may be thus effected are not known, the petitioners terested arenot 
may cause a true copy of their petition to be published in noticrmay be 
any newspaper printed in the county, if any there be, other- fihlng *?n^S^" 
wise in the next adjoining county, where such petitioners re- n««^»paper,&c. 
side, three weeks successively, the last publication to be 
thirty days at least before the commencement of the session 
of said Legislature ; and the notices thus given, shall have 



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3G8 COLLEGES* 

Ch 167. the same effect as notices ordered by the Legislature upon 

^^"""^^^ petitions presented and given in pursuance of such orders. 

Fees to sher- Sect. 2. Be it further enactedj That every Sheriff, 

vm^Midi' ttol deputy Sheriff, Constable or Coroner, who may serve a no- 

^^' tice as aforesaid, shall be allowed and paid by the petitioners, 

four cents a mile for his actual travel in making the service, 

twelve cents a page for each copy of the petition, and thirty 

cents for each service thereof; and after service shall, on 

demand, deliver the petition with his return thereon to the 

petitioners. [Approved February 24, 1S21.] 



Chapter 167. 

AN ACT in furtherance of good discipline in the CoUeget of this Sute. 

innboiders, re- Sect. 1. Mj'E it enacted by the Senate and House of 
k '**"' JSJ*** R^pf'^^tatives^ in Legislature assembledj That no innhol- 
Boi to give der, tavern keeper, retailer, confectioner, or keeper of any 

credit to under , ' r ^ 

graduates shop or boarding house for the sale of drink or food, or any 
mission oTcol- Hvery stable keeper, shall give credit to any under graduate 
lege officers, ^f gj^j^gp ^f jjjg colleges within this State, without the consent 
of such officer or officers of the said colleges respectively, as 
may be authorized to act in such cases, by the governments 
of the same or in violation of such rules and regulations as 
shaU be, from time to time, established by the authority of 
said colleges respectively. 
No person to Sect. 2. Be it further enacted^ That no person shall 
tf 'oWwted^o ^® approved by the Selectmen of any town withm this State, 
rTasSi^*' as fit to be licensed for either of the employments aforemen- 
Yiokted Uiis tioned ; nor shall a license be granted to any person within 
this State, provided the President of either of said colleges 
or other officer, specially authorized for that purpose, shall 
[n49] certify* or make known to such Selectmen, or Court em* 
powered to grant such license, that such person, so applying, 
shall have within the year then last past, given credit to any 
under graduate of either of said colleges contrary to the pro- 
visions in the first section of this act. 



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TIMBER. 



869 



Sect. 3. Be it further enacted. That if any person shall Ch. 168. 
give credit to any under graduate of any of the colleges with- '^^''T^ • 
in this State, contrary to the provisions of this act, the cor- oiation of tbig 
porations of the said colleges respectively, or the Treasurers ofreooTery. 
of the same, may have and maintain, in any Court within this 
State proper to try the same, an action on the case in the 
corporate name of the said colleges respectively, or in the 
name of the Treasurers thereof respectively, against the per- 
son or persons so giving credit, and shall have and recover a 
sum equal to the amount so unlawfully trusted or credited, 
whether the amount, so credited to any such under graduate, 
shall have been paid or not : and the amount so recovered shall 
go and enure, the one half thereof to the benefit of the said 
colleges, respectively, and the other to the benefit of the 
poor of the town in which such credit may have been given. 
[Approved February 28, 1821.] 



C^liapter 168.* 

AN ACT to secure to owners their property in Logs, Masts, Spars and other Tim- 
ber in certain cases (a). 

He it etMcted by the Senate and Howe of Represextta- 
tUfeSy in Legislature assembled, Sfc. 

[Repealed; see ch. 521, § 8, voL 8, p. 412 ] 

[ApproYed March 16, 1821.] 
Additional Act, ch. 203, Vol.3, p. 24 ; alto Act passed Feb. 20, 1683. 

(a) 8eo Frost & al. ¥8. Rowse & al. 2 Glf. 180 ; Little tb. Thompion, 2 
GIf. 228 ; Case of Fareher & al. 2 Glf. 821 ; Howe & al. ti. Shed, 8 Glf. 
202. 



[n«oi 

£•7511 
[♦T52i 
[*753j 
[♦T541 



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870 MECHANICS. 

Ch. 169. Chapter 169.» 

[•755] AN ACT gecuring to Mechanici and others, payment fur their labour and materials 
expended in erecting and repairing houses and other^buildings with their appur- 



Persons, by Sect. 1. J3E tV enacted by the Senate and House of 
writing *fur- Representatives y in Legislature assembledj That when any 
Dishing labour contract shall hereafter be made in writine, between the pro- 

or materials m . - 

erecting or re- prietor or proprietors of land on the one part, and any per- 
wg^l'to ha"ve a son or persons on the other part, for the erecting or repair- 
**°e,^and the •"g ^X house or Other building, or their appurtenances, or 



IritondT^^for ^^^ furnishing labour or materials, for the purpose aforesaid, 

payment. the pcrson or persons who shall in pursuance of such con- 

[Mass. Stat, tract, have furnished labour or materials for such purpose, 

§ 1.] ' * shall have a lien to secure the payment of the same upon 

such building, and the lot of land, on which the same stands, 

and upon the right of redeeming the same, when the same 

Provided such has been previously conveyed in mortgage : Provided always^ 

been^recorded. '^^^^ "^ ^uch lien shall attach, unless such contracts shall 

have been recorded in the Registry of Deeds, in the county 

in which the land, on which such house or other building has 

No lien to con- been erected or repaired, lies; and no lien created by this 

tinue more ,,, ..- ,. ii»« 

than 6 months act, sball contmue m force more than six months from the 
staiment is'"' ^i^^ wheu the last instalment shall fall due, by the contract 
duc,uni«sg,&c. {,y ^hich such lien shall be claimed ; unless a legal process 

shall have been commenced, for the purpose of enforcing 

such lien. 
Register of Sect. 2. Be it further enacted^ That it shall be the 
MwdbrontrMt^ duty of the Register of Deeds, in the county in which any 
rib 6 2 1 ^"^^ ^^^ ^^y ^'^' ^^ record all such contracts, for the usual 

fees ; and when a contract shall consist of more than one 

part, the recording of one part shall be sufficient and have 

the same effect as recording the whole. 
When person Sect. 3. Be it further enacted^ That any person having 



having such a Hen uDon any buildinG", and the lot of land on which it 

lien petitions * ^ ° i a^« • ^ 

c.c.c. Pleas Stands as aforesaid, may petition to the Circuit Court of 

(a) See *< an act to secare rent to lessors of house lots and mill privi- 
leges,'* ch. 258, vol. 8, p. 88 ; also an act additional thereto, ch. 818, vol. 
8, p. 162 ; also ** an act giving a Hen to ship carpenters and others on ves- 
sel?." ch. 387, vol. 3, p. 286. 



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MECHAMIGS. 871 

Common Pleas botden in the county in which the land, men- Ch. 169. 
tioned in any such contract, may lie, to order a sale of such ^ ^"^T^T^^ ^ 

^ 7^7 for ialeofsach 

land with the appurtenances ; in which case the Court shall* p«>p^» ^^^ 
order notice to he giren to all the creditors having a lien as are to beW. 
aforesaid, on such estate, to appear and make out their claims ^ib; § 3.] 
under such contracts ; and the owner or owners of such 
estate, to show cause if any they have, why a decree, that 
such estate should be sold, should not be passed, by causing 
each of them to be served with an attested copy of said pe- 
tition, and the order of Court thereon, fourteen days at least 
before the time assigned for a hearing upon said petition ; or 
by causing an attested copy of such petition and order to be 
published, at such times, in such newspaper as the Court 
shall direct, the last publication to be at least fourteen days 
before the time assigned for such hearmg ; and every such 
creditor, who does not appear and exhibit his claim to the 
Court, before the sale of such estate shall be decreed as 
aforesaid, shall not be entitled to the bene6t of such lien. 
And when it shall be made to appear to the Court before 
which such petition shall be pending, either by the default or 
confession of the party petitioned against, or by the verdict 
of a Jury, that any sum of money secured by such contract, 
bad been due and unpaid sixty days at the time of preferring 
such petition, the Court may enter up judgment against the 
respondent, in favor of each of such lien creditoxs, for such 
sum as may be found due to them respectivelyi and may 
order the land and appurtenmices, in such contract mention- 
ed, to be sold at pubhc auction, to pay and satisfy the same ; 
saving to the owner or owners of such estate the right of 
redeeming the same, at any time, withm oqe year from the 
time of sale, by paying the purchaser, or any person olaiming 
under him, the sum for which it was sold, with interest ;at the 
rate of twelve per cent ; deducting therefrom the rents and 
profits, oyer and above the necessary repairs. Ajui in the 
hearing upon any such petition, each of sucfa lien creditors 
shall have a right to contest the claim of the other, by issue 
to the Jury or otherwise. 

Sect. 4. Bt it further enacted. That whenever the Jj'^'Si^S^ 
owner of any such estate shall have so failed to perform his ^^c'^P*"^** 

Vol. II. 42 



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873 MECHANICS. 

Ch. 169. contract or contracts, in relation thereto as aforesaid, that in 
^-^^^'^^^ the opinion of the Court, said estate, according to the true 
l^n creditor, intent and meaning of this act, ought to be sold as aforesaid ; 
tn*7] wid* the person or persons, or any of them, who have so 
contracted to furnish labour or materials for erecting or re- 
pairing such house or other buildings, and without any default 
on his, her, or their part, have not fully performed his, her, 
or their contract, a proportional rate of the sum, stipulated 
to be paid to such lien contractor, shall be awarded to him, 
Proceedings, her, or them. And any creditor of the owner of any lot of 
or**auacbMUie '*"^d> ^" which an housc or other building shall be erected 
KiS^c con- ^^ repaired by contract as aforesaid, who shall have caused 
Ujact is record- guch lot of land, with the appurtenances to be attached, to 
secure the payment of his demand, previously to any such 
lien creditor entering into, and recording as aforesaid, his 
contract, (or erecting or repairing such house, or other 
building, or their appurtenances as aforesaid ; shall be pre- 
ferred to any such contracting creditor, so far as relates to 
the value of said land or building, in the state in which they 
were at the time when erecting or repairing of such bouse or 
building was commenced. And the value of such lot of 
land, or land and building at the time when the same shall be 
attached as aforesaid, shall be ascertained by the appraisal of 
three disinterested free-holders*of the county, in which such 
land shall lie ; one to be appointed by the petitioning creditor 
or creditors, one by the respondent, and one by the officer 
who shall make the sale. And in case the respondent neg- 
lects or refuses to appoint such appraiser, the appointment of 
two such appraisers shall be made by such officer. 
Manner of ma- S^cT. 5. Be it further enacted^ That in all cases in 
king sake. ^^v^Hch thfe CouTt shall order and decree, that any such estate 
[lb. § 6.] shall be sold as aforesaid, the sale shall be made by the Sher- 
iff or bis deputy ; and if the Sheriff be interested, then by 
the Coroner of the county in which such estate lies ; and 
such notice shall be given of the time and place of sale, as 
is provided by law, when the right of redeeming real estate 
is sold, which has been conveyed in mortgage. And when* 
ever it shall be found by the officer who has made such sale, 



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MSOHANICS. 873 

that the net proceeds of sack sale are insufficient to satbfy Ch. 169. 
the sums which shall have been awarded to the lien contract ^-^^^^''^^ 
creditors, and attaching creditors, according to the provisions 
of this act, it shall be the duty of such officer, after satisfy- 
ing this* claim of the attaching creditor or creditors, if such l*Tft8] 
there are, to apportion the net proceeds of such sale among 
the lien creditors, accordbg to the sums to them respectively 
awarded ; and if the net proceeds of the sale of such estate, 
shall exceed the amount of all the sums ascertained and award- 
ed as aforesaid, it shall be the duty of such officer to pay 
over the excess to the respondent. 

Sect. 6^ Be U further enaetedj That each and every wben mch 
lien creditor, his executors, administrators, or assigns, having ij^*by*payl 
received payment and satisfaction of his, or their demands JJ^'^'J^^^ 
according to the term o( such contract ; or when such house Uen to be m^ 
or other building shall have been sold, and the proceeds margin of tho 
diereof paid over, according to the provisions of this act, ''*'**"• 
each and every such lien creditor, his executors, administra- ^^^' ^ ^'^ 
tors^ or assigns, shall enter upon the margin of the record 
of such contract, .a discharge of bis or their lien upon such 
house or other building, created by such contract ; or by 
deed duly executed, release the same ; and any party in in- 
terest shall be entitled to have like remedy for obtaining due 
discharge of such lien, in case the money shall be pud as 
aforesaid, as is now by law secured in equity to mortgagers, 
their heirs, executors, administrators or assigns. 

Sbct. 7. Be U further enacied. That in all eases arising Jury trial in aU 
under this act, every party shall be entitled to a trial by Jury, STSp^I-"*^ 
of any matter of fact in the cause ; and any one or more of i|^, ^ 7 j 
the parties may appeal from the judgment of the Circuit 
Court of Common Pleas, to the Supreme Judicial Court, as 
in other cases. [Approved February 14, 18^1.] 



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874 APPRENTICES. 

Ch. 170. Chapter 170. 

AN ACT concerning Apprentices. 

At what ages Sect. 1. J3e U tnocted by the Senate and House of 
m^wrm^n R^presetUatipeSy in Legislature assembled (a) ^ That minors 
may be bound under the age of fourteen years, may be bound by deed, iin- 

as apprentices, •«t*i»t 

and by whose til that age, as servants or apprenuces, by their father ; and 
^^**°**° * in case of his decease, by their nootber or by their guardian 

[Mass. Stat. , „ . . " i! • . j- t • •. 

Feb. 28, 1796, legally appointed ; or having no parent or guardian, may bind 
^ [nso] themselves,^ with the approbation of the Selectmen or ma- 
jor part of them, of the town where such minors reside. 
And all minors of the age of fourteen years or upwards may 

(a) 1. This statnte does not take away from the father, the comraon law 
right of the father to aasigo the ser vices of his minor son daring minori- 
ty, and the life of tho father ; but unless the bindiag ont parsnes the provis- 
ions of the statste, the common law remedy only will aceme to either party. 
Day vs, Everett, 7 Mats. 145. 

2. ** As well parents and guardians, as masters, onght daly to consider, that 
if the contract of apprenticeship does not pnrsue the statute, the apprentice 
cannot bedischarged, if the master break the contract on his part ; neither if 
the contract k>e broken on tho part of the appreotioe, can the master have 
those remedies, and that relief provkled in the statnte for cuntracta made pnr- 
snant to it ; bat the remedy for each party is by action, which in many cases 
may be inadofjaate." lb. 

3. An apprentice is not assignable. Davit vt. Cobum, 8 Mass. 299. 
See "Butler vt. Bubbard tt <>'• ^ Pick. 250. 

4. An indenture of apprenticeship gives the master no authority to trans- 
port the apprentkie beyond the jurisdiction within which the contract was en- 
tered into, and with reference to the laws of which the parties oontracted. 
Coffin OS. Barrett, 2 Pick. 860. See Hall vt. Gardner, 1 Mast. 172 ; 
Davit vs. Cobum, 8 Mass. 299 ; Com vs. Hamilton, 6 Mass. 273. 

6. Where an indenture of apprenticeship stated, ** That a mother, as 
guardian by nature of her son, who was then over fourteen years of age, 
binds him as an apprentice to the plaintfflT, and declares that < the apprentice 
fais master faithfully shaD serve,' &c. enumerating the duties usnaUy requir- 
ed of apprentices by their indentures. Then follows a covenant by the plain- 
tiff to instruct and support the apprentice. The indenture concludes * In 
testimony whereof the parties have to this indenture set their hands and seals,' 
and it is signed and sealed by the plaintiff, the mother and the apprentice. 
It was field, that the mother was not liable to an action of covenant for a 
breach of duty by the apprentice, for the language of the indenture was to 
be considered as only pointing out the duties of the apprentice, and not as a 
covenant on the part of the mother.*' Holbrook vs. BuUard et ux. 10 
Pick. 68. 



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APPRENTICES. 875 

be bound by deed as apprentices or servants, females to the Ch. 170. 
age of eighteen years, or to the time of their marriage within ^"^^^^"^-^ 
that age ; and males to the age of twenty-one years, by their 
father ; and in case of his decease, by their mother, or guar- 
dian legaUy appointed, having the minor's consent expressed 
in the deed : And any such minors having no father, mother 
or guardian within the State may, by deed, bind themselves 
with the approbation of the Selectmen or the major part of 
thern^ of the town where they reside: Pro^ided^ That in indentoref to 
every case there shall be two deeds of the same form and ^'ibTsSw'' 
tenor, executed by both parties ; one to be kept by each ; J^"^S^*^"^t^ 
and where made by the approbation of the Selectmen, they, ue*. 
after having examined the terms of the deeds, sfadl express 
their approbation thereon, and sign the same: Pnmdtd 
also (b) J That all considerations which shall be allowed by All contidera- 
the master or mistress in any contract of service or appren- b!^° master ^r 
ticeship, shall be secured to the sole use of the minor thereby J^*,|J2r VJ^the 
engaged. And all contracts which shall be made by any n>"»o"« 
parent or guardian or by any minor for him or herself pur- 
suant to this act, shall be good and effectual in law against all 
parties, and the minors thereby engaged, according to ths 
tenor thereof. 

Sect. 2. Be it further enacted^ That no covenant of no indeotm 
apprenticeship entered into by any minor, his parent or guar- J^ i^^ ^\*^ 
dian, for the purpose of such minor's learning or being in- ^'^J,^**^,^^ 
structed in any trade or mystery, and made to any master *>«* ^*>»<* f^" 



rib. § 6.1 



and the wife of such master ; or to the executors, adminis- 
trators or assigns of such master, shall be binding on such 
minor, p^ent or guardian, after the decease of the master ; 
but on the death of such master, the said covenant shall be 
deemed void from that time ; and in any such case any minor 
may be bound out anew, in the manner herein before pre- 
scribed. 

Sect. 3. Be it further enacted^ That it shall be the Parenit, eimr- 

*' ' oians and se- 

right and duty of parents and guardians, and of Selectmen lectmen to in- 

(fr) When minors are boand parsoant to this atatnte, all consideratiooa . 
moal ba focnrad to thtm ; whether saeh binding be by pareota, or goardiana, 
or by the minor, with the approbation of the selecUnen. J)a^ v#. Everett , 
7 Mase. 145. 



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876 APPRENTICES. 

Ch. 170. for the time beingi binding minors as aforesaid, to inquire 
^^'T'^^ into their usage and defend them from the cruelties, nedects 

quire inio »tr i»t» 'cr 

treatment of or breach of^ covcuant of their masters or mistresses ; and 
[*760] such parents, guardians or Selectmen, for the time being, maj 
and m^'^com- complain to the Circuit Court of Common Pleas in the county 
clommon^i^ thereof such master or mistress is an inhabitant, against 
against master bim or her for any personal cruelty, neglect or breach of 
done to the mi- covcuant *. and the Court, after baring duly notified the party 
cwtmavpro- Complained against, shall proceed to hear and determine 
^JShout Jory^'^ such complaint, with or without a Jury, according as the 
allegations of the parties may be. And if the same com- 
and for ^ood plaint shall be supported, the Court may render judgment, 
^w^ the mi- ^^^ ^^® ^^ minor be discharged from his or her apprentice- 
Dor from his ghip qj scrvicc, with costs asaiust the master or mistress : 

apprenticeship r ' -o » 

or service; or and award cxecution accordingly : in which case the deed of 
affainst com- scrvicc or apprenticeship shall be deemed void from the time 
p man . ^ rendering such judgment, and the minor may be bound 
out anew. But if such complaint shall not be supported, the 
Court shall award costs to the respondent against the parent, 
guardian or Selectmen where the complaint of the Select- 
men shall be without probable cause, and execution accor- 
dingly. 
loaaseofgrtMs Sect. 4. Be it further enacted^ That if any servant or 
Sf ^pprontiw appr^'itice bound as aforesaid, shall be guilty of any gross mis- 
bo "d"^aster '^^^*^"'* (^)> wilful neglect or refusal of his or her duty, the 
or m'istresB master or mistress may complain thereof to the Circuit Court 
^i, c^n ^ of Common Pleas in the county whereof he or she is ao 
Comt after no- inhabitant ; and the said Court after having duly notified such 
5!a>efore°^^*^ servant or apprentice, and all persons covenantbg on his or 
her behalf; and the Selectmen for the time being of the 
town, (where Selectmen shall approve as aforesaid) shall 
proceed to hear and decide on such complaint, with or with- 
and for good out Jury as the allegations of the parties may be ; and if the 
S^e'^ji^*" said complaint shall be supported, the Court may render 
fr^^their'°bl judgment, that the master or mistress shall be discharged 
dentores. ffona the contract of service or apprenticeship, and every 

{e) If be steal big master *9 goods, the master^s remody is by a complaint 
wad^ this provision, in order to o^wt a discliargo. Pawer$ v$. Ware, 2 
Ptc*. 461. 



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UAWKER8. 877 

article thereof obligatory on bim or her, with costs, and Ch. 171. 
award execution for costs accordingly against the parent, ^-^^v-^ 
guardian or minor, where the minor shall engage as aforesaid, 
for him or herself; and any servant or apprentice whose 
master or mistress shaU be discharged as aforesaid may be ^ 
bound out anew. 

Sect. 6.* Be it further enacttd^ That if any servant or [neii 
apprentice, bound as aforesaid, shall depart from the service p^^onfcon^ 
of his or her master or mistress, it shall be lawful for any p**'°J ™2«« 

' •' cause abecon- 

Justice of the Peace of the county where such servant or <J»ng appren- 

tice, &c. to 

apprentice may be found, on complaint made to him by the be arrested, 
master or mistress, or by any one in his or her behalf, on 
oath, to issue his warrant to the Sheriff, his deputy or any 
Constable within the county directing him to apprehend such 
servant or apprentice, and to bring him or her before the said 
Justice, who upon the hearing shall order the said servant or 
apprentice to be returned to the place of his or her duty ; or and returned to 
to commit him or her to the common eaol of the county, ^pbceofhia 

duty, or coin- 

there to remam for a term not exceeding tweftty days unless mithimtopru* 
sooner discharged by bis or her master or mistress : And the sucb warrant 
Justice's warrant for returning such servant or apprentice to jSficw'Yn'^c^i^ 
the place of his or her duty, directed to any officer or other 'y'*"*^. ^^ «P" 

* . prentice to bia 

person by name, shall authorize him to convey any such ser- master tbou^ 

, , .11.. 1 »° another 

vant or apprenuce to such place, notwithstandmg it nray be coonty, 
in any other county in the State ; and the costs of the pro- 
cess and commitment by the said Justice, shall be paid by 
the master or mistress, to be recovered by him or her on the 
deed or covenant : md when recovered of the guardian, the 
same with all further coats he may be held to pay, shall be a ^^^^^ ^^ ^ 
proper article of charge in his guardianship account. [Ap- be paid. 
proved F^niary 28, 1821.] 

Sea cb. 12S), § ^ 7, ante pp^ 637, 688. 



Ckaptor 171. 

AN ACT against Hawkers, Pedlars and Petty Chapmen. 

SfiCT. 1. JSe it enacted by the Senate and House o/ Penalty for 
Representatives in Legislature assembled^ That from and after umv^J^' 



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878 UAWKBES. 

Ch. 171. the first day of May next, every hawker, pedlar, petty chap- 
^-^'^^"^^ man, or other person going from town to town, on foot, or 

from town to , , . , , . , . 

town for the With a horse or horses, carnage or carriages, or otherwise 
purpose of «aie. ^g,.jyi„g jq ^q\\^ qj. exposing to sale^ any feathers, indigo, tin 

ware, books, medicines, nostrums, essences, or any goods, 
r*T62i wares or merchandize in this State, shall forfeit a sum not* 
exceeding fifty dollars, nor less than twenty dollars, to be 
recovered by complaint, indictment, or information ; also all 
such articles and goods, wares and merchandize, the one 
half to him or them who will prosecute thecefor, the other 
half to the use of the town where the ofience happens ; and 
Modeof recov- ^"^ Justice of the Pcace upon complaint to him made, of 
cry. any such offence, may arrest and bring before him any per- 

son or persons complained against, and order him or them to 
recognize with sufficient surety or sureties to appear before 
the next Circuit Court of Common Pleas in the county where 
the oiSTence is committed, and for want of such surety may 
commit such ofi[ender or offenders to gaol ; also may secure 
and detain all sucli articles before named, and such goods, 
wares, and merchandize until the trial, and in case such 
offender is convicted, such Court shall decree all such arti- 
cles and goods, wares and merchandize to be forfeited to the 
Proviso. "^^^ aforesaid : Provided however j That nothing herein sbaH 

be so construed, as to prevent any person from vending in 
any town or place in this State, any farming utensils, or 
wooden wares, or any articles of domestic (a) manufacture 
the principal material of which is wood ; or from selling or 
marketing any fish, fruits, provisions, garden seeds, combs, 
Jeatheir, shoes or potter's earthen ware. 
Certoin per- Skct. 2. Be it further enactedy That any person who 
sons may teii- is a citizeu of this State, and who will procure a certificate 

censed on pay- -,rii /• 'ti* 

ment of daty, from the Selectmen of the town where be resides, that he is 
the^boveroan^ of good moral character, may apply to the Court of Sessions 
ner perBonai- ^f ^^^^ county in this State for a license to sell tin ware for 

one year from the time of said application within this State ; 

and said Court may grant said license, provided the applicant 

(a) Upon an indictment for peddling goods not of domestic manafactare, 
it is incnmbeiit on the govermnent to prove affirmatively that the goods were 
of foreign mannfactnre. Com* vs. Samuel, 2 Pick. 108. 



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BOATS^lK. 879 

shall produce ti^ said Court said eertificate and also a receipt Ch. 172. 
from the Treasurer of said coupty, that he has deposited ten ^^'^v^^^ 
dollars for the use of the Stale, on condition said license is 
granted ; and the person obtaining such license may be per- 
mitted personatty to vend any such tin ware before named as 
though this law had not been passed. 

Sect. 3. Be U further itnaeUdy That it shall be the pcnom m li- 
duly of every person licensed as aforesaid, to have on evcrj- JbciTcirri^ 
carriage employed by him for the conveyance of tin ware, in °«*^^«<^» ^' 
some conspicuous place' on the same, his name printed in 
large letters^ at least one inch wide, also the words and let- [•763] 
ters ^* licensed by C. S." and also the name of the county 
where sueh license was granted ; and also shall exhibit to 
any Sheriff, deputy Sheriff, or Justiee of the Peace of any 
county, Selectmen or Constable of any town, when thereto 
required^ a certificate of such license, and in case he shall 
fail in either of those particulars he shall forfeit ten dollars, 
to any person who shall sue for the same. [Approved Feb- 
ruary 1()> 1821. J 



Chapter 179. 

AN ACT ntpectiog Bosti and Ligbton employed In Orsmporting Slones, Onvd 
or Saad, witbin this Slate. 

Sect. 1. EmB it enacted by the Senate and House o/ Boats and lifk. 
RepreeeniaHveSj in LegisUUure osmnAhd^ That every boat J^%^ 
or lighter, employed in transporting stones, gravel or sand be marked, and 
within this State, shall be marked at light water mark, and, 
at least, at five other places^ with figures, four, twelve, six- Mar. 7, i8oi» 
teen, twenty-four and thirty, legibly made on the stem and ^ *^ 
stem post thereof; which figures shall express the weight 
such boat or lighter is capable of carrying, when the lower 
part of the respective numbers shaU touch the water, in 
which the said boat or lighter shall float ; and the marks ex- 
pressive of the weight such boats and lighters are capable of 
carrying, shall hereafter be iilspected once every year ; and 
whenever such marit ehaH be found to be illegible, the same 

Vol. II. 43 



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880 HARBOURS, Ice 

Ch iVS. shall be reneired : and erery person who shall use or employ 
^-^'^'T^ any boat or lighter, for the purpose of transporting stones, 
an^J^ed; gravel or sand, as aforesud, which shall not be marked as in 
this act is provided, shall forfeit and pay the sum of fifty 
dollars, to be recovered by action of the case, in any Court 
proper to try the same, by any: person who will sue therefor, 
and for mark- And any person who shall put or cause to be put, on any 
log falsely. j^^^ ^^ lighter as aforesaid, any false marks as aforesaid, 
shall be subject to the like penalty, to be recovered in like 
manner. 
SeiectmenihaU Sect. 2. Be it further enacted, That it shall be the 
annuaUy ap- jyjy ^f ^jjg Selectmen in any town, where boats and lighters 
or. ^ are owned,* which may be employed in transporting stones, 

[n>, $ 2 ] gravel or sand, as contemplated in this act, to appoint annu- 
ally in the month of April or May, some suitable person to 
ascertain the capacities of all such boats and lighters, and 
mark the same as is prescribed in this act ; who shall be under 
oath faithfuUy to perform the duty as herein prescribed. 
Inspector to Sect. 3. Be it further enacted. That whenever the in- 
■paA"Miewf spector shall be of opinion that the burden or capacity of 
when necessa- ^ny such boat or lighter shall have been diminished or in- 
creased by any repairs made on the same, or otherwise, it 

iMass. Stat. . 

one 16, 1816, shall be his duty forthwith, to ascertain anew the capacities 

^ *-' of such boats or lighters, and to mark the same accordingly. 

Selectmen to Sect, 4. jBe U further enacted. That the Selectmen of 
ISfinmctorr towns in which boats or lighters used for the aforesaid pur- 
poses, are owned, be, and they are hereby empowered, and 
it shall be their duty to regulate the amount of fees which 
may be demanded by the inspector of boats and lighters, of 
the owners thereof, for the performance of the duties im- 
posed upon him by this act. [Approved January 28, 1821 .] 



Chapter 173. 

AN ACT for the protection of Harbours and Shores. 

Penalty for Sect. 1. oE it enocted by the Senate and House of 
last^mboord Representatives, in Legislature assembUdy That if any master 



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MISCHIEVOUS DOQS. 881 

of a ship or vessel or other person, shall unload, or throw Ch. 174. 
overboard any ballast in any road, port or harbour within this . ^"^T^T^ 
State, he shall forfeit and pay, for eaeh and every such &c. 
offence, a fine not exceeding sixty dollars, to be recovered How to be re- 
in an action of debt in any Court proper to try the same ; ^^^®^' 
one half thereof to the use of the town, in which such offence ^^j ^^^' 
is committed, the other half to the use of any person who 
shall prosecute for the same. 

Sect. 2. jBe U further enaetedj That if any master of Penai^for ta- 
a vessel or other person, shaU take off any stone, or other ^ °^ My*^ii- 
ballast, from any island, beach, or other land without the J^jJ^^*^' 
consent of the owner or propriet<»r thereof^ such person shall 
forfeit and pay a fine for each and every such offence, not 
exceeding seven* dollars ; to be recovered in an action of [nes] 
debt before any Justice of the Peace within the county in ^°^.** "" 
which such offence shall be committed, the one half thereof 
to the use of the town, where such offence is committed, 
the other half to the use of any person, who shall prosecute 
for the same. [Approved March 2, 1821.] 



Chapter 174. 

AN ACT to prevent Damage by miichievoai Dogs. 

Sect. 1. O'E it enacted by the Senate and House of 
Representatives y in Legislature assembled^ That when any dog dog«, and pa- 
shall do any damage either to the person or the property of &!J!*iiSirfor 
any person, the owner or keeper of any such dog, and also ^^^ damag- 
the parent, guardian, master or mistress of any minor or ser- 
vant who shall own or keep any such dog, shall be liable to, Feb. 19, 1790» 
and dhall forfeit and pay to the person injured double the 
amount of the damage done by such dog, to be recovered by 
action of trespass, before any Court proper to try the same. 

Sect. 2. Be ii further enacted, That it shall and may _ 

, Parsons sod- 

be lawful, for any person or persons in this State, to kill any deniy assaulted 

dog that shall suddenly assault them while they are quietly kiifhin^* "**' 

and peaceably walking or riding any where out of the enclo- ^^^^^^ 

sure of the owner or keeper of such dog ; and it shall also § ^O 



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882 MISOHIBVOUS DOOS. 

Ch. 174. be lawful for anj person to kill waj dog that shall be found 
^^TT''^^^. out of the enclosure or immediate care of its owner or 

and if wound- . ,. , .,,. , , 

ing cattle, dog keeper, worrymg, wounding, or lalling any neat cattle, sbeep 

maybe killed. , , 

or lambs. 
Penalty for not Sect. 3. Be U further enacted^ That if My person 
fining^adogTon sball be assaulted by any dog in manner as aforesaid, or if 
^JJP^MdTo" ^y ^^g shall hereafter be found strolling out of the enclosure 
tice, &c. or immediate care of its owner or keeper, by day or by night, 

[lb. i 2.] and the person so finding such dog, shall, at any time within 
forty-eight hours after such ao assault, or the finding such 
dog strolling as aforesaid, make oadi diereof before any Jus- 
tice of the Peace for the county or Cleit of the town where 
the owner of such dog shall dwell (who are hereby empow- 
^ed to administer said oath and to cmify the same) and 
shall further swear, that be rei^y suspects such dog to be a 
[♦765] dangerous* or mischievous dog, and shall give notice thereof 
to such owner or keeper, by delivering him a certificate of 
such oath, signed by such Justice or Cleric, it sball be the 
duty of the owner or keeper of such dog forthwith to kill or 
confine the same ; and if he shall neglect so to do for the 
space of twenty-four hours after notice is given as aforesaid, 
he shall forfeit and pay the sum of five dollars to any person 
that shall sue for the same, to be recovered with costs, by 
action of debt before any Justice of the Peace in the county 
in which such owner or keeper dwells. 
AfterwKshcoin- Sect. 4. Be it further enacted. That if after such no- 
S«r«Sh*d^" tice, such dog shall not be killed or confined, but shall again 
be*kiiiSr'°**^ be found strolling out of the enclosure or immediate care of 
its owner or keeper, it shall and may be lawful for any person 
to kill such dog ; and if sued therefor (or for killing a dog, 
as in and by the first enacting clause of this act, is provided) 
to plead the general issue, and give this act and the special 
matter in evidence under it. 
Treble damag- Sect. 5. Be it further enticted, That if any dog, after 
To^^ for inl notice is given as aforesaid, shall by any sudden assault in 
juries done af- manner as aforesaid, wound or cause to be wounded, any 

ter such no- ' ' -^ 

tice. person, or sball worry, wound or kill any neat cattle, sheep 

lb. $ 4.] or lambs, or do any other mischief, the owner or keeper 

shall be liable to pay to the person injured thereby treble 



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INDIANS. 86^ 

damage) to be recovered with costs, by action of debt before Ch. 175. 
a Justice of the Peace ia the county where such owner ^-^*>''"*-' 
dwells, if such treble damage doth not exceed twenty dollars, 
but if it doth exceed that sum, then before the Circuit Court 
of Common Pleas in such county. [Approved March 2, 
1821.] 



Gkapter 178. 

AN ACT for tbt regulation of tb« Pwobeoot and PuMiMqiioddy tribet of lodianf . 

Sect. 1. Jt>E it enacted by the Senate and House of Governor to 
Representatives, in Legislature assembled (a) j That the Gov- ?jri?i„;£S» 
emor, by and with the advice of the Council, be, and he ^^^'^^^ 
hereby is authorized and empowered to appoint, during pleas- 
ure, one or more, not exceeding* three persons, to be agents [♦tgtj 
for the Penobscot tribe of Indians* 

Sect. 2. Be it further enacted. That the Governor, be, ^y^ ^^ p^,. 
and he hereby is authorized to appoint, as aforesaid, one or J^?^"***^ 
more, not exceeding three persons, to be agents for the Pas- 
samaquoddy tribe of Indians (b) . 

Sect. 3. Be it further enacted. That the agent or agents, Penobicot 
appointed as aforesaid, for the Penobscot tribe of Indians, vl^Baiid^dSw^ 
shall provide, furnish, pay and deliver to the said Indians, of theSteteSia 
for and on account of this State, all such articles, sroods, goo*'"* moniei, 
provisions and monies as shall from time to time become due come doe. 
them by virtue of any treaty or agreement now existing, or 
that may hereafter exist between them and this State. 

Sect. 4. Be it further enacted. That the persons ap- Sucha^nuto 
pointed agents for either of said tribes, as aforesaid, shall be giTe*bond. *° 

(a) It if proTided bj ob. 801, toI. 8, p. 142, « That from and af\or the 
patsing of tbis aet» tbe GoTernor, with adviea and oonaent of CobscU, ahall 
have full power and aathority, at any, and at all times, to draw hit warrant 
on tbe Treasnry of tbe Stale, for racb lam or aomf, as may, from time to 
time, be found necessary to carry into effect all treaties with the several 
tribes of Indians, within the limits of the same, now existing, or which may 
hereaAer eibt ; and to settle and adjust all acconnts, of Indian Agpnts against 
the State, agreeably to any of the treaties aforesaid.^* See also ch. 802, toI- 
8, p. 240. 

(6) Seech. 271, vol. 1, p. 99. 



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884 INDIANS. 

Ch. 175. sworn or affirmed to, and shall give bonds, to the State, with 

^^^^"'"^^ sufficient surety or sureties, to the satisfaction of the Govem- 

Their^iuty. or and Council, for the faithful discharge of the trust reposed 

in them by this act, and shall have the care and management 

of their property, for the use and benefit of said Indians. 

Contracts, &c. And all contracts and bargains of every kind, relative to the 

landB of in- sale or disposal of trees, timber or grass growing, or being 

i^approved" on Said Indians' land, and all leases or other contracts rela- 

Uy agentf. ^j^^ ^^ ^j^^ improvement of lands, which any person may 

obtain from said Indians, shall be void and of no effisct, unless 

the same shall be examined and approved by the person or 

No leaiegood persons acting as agents as aforesaid. And no lease (c) of 

M ]^. ^®°^ ^^ contract for trees, timber or grass, shall have effect 

Aeentfl not to for a longer term than one year. Nor shall the agents for 

morethan'scM) either of said tribes sell or dispose of the trees or timber of 

annwdiy!^"^ Said Indians, to an amount exceeding five hundred dollars 

in any one year. 
Agents may Sect. 6. Be it further enactedy That the agent or agents 
tions in their for either of said tribes, in his or their own names, and in 

own names, for -j •* • . • . . - 

debts due in. said Capacity, may mamiajn any proper action, or actions for 

dians,dc«. gjjy g^^ j^g gj^y Indian or Indians of their respective tribes, 

or for any injury done to them or their property, and all 

property or money received or recovered by said agents in 

their said capacity shall be by them distributed among the 

[♦768] Indians of the tribe for which they are agents, according to* 

their usages, rights and interests ; or otherwise vested in such 

articles as shall be most useful to said Indians. 

Agents to keep Sect. 6. Be it further enacted y That the person or per- 

proceciings. SOUS appointed agents as aforesaid, shall keep a true record 

of their proceedings relative to the trust reposed in them by 

this act, and correct accounts of all receipts and expenditures 

of all monies and other property that shall come to their 

hands, as such agents, and shall lay the same before the 

Governor and Council for inspection and settlement at least 

once in every year, and oftener if required, who are hereby 

authorized to adjust and settle the same. [Approved March 

6, 1821.] 

(c) See cb. 823, vol. 8, p. 169. 



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FERBIES. 885 

Ckapter 176. Ch. 176. 

AN ACT for regulatiog Ferries. 

Sect. 1. JSe it enacted by the Senate and Howe of ^^^ ^^^^ ^ 
Repre$entaHveSi in Legislature assembled j That no person or ^^^ viJ^ 
persons whatever, shall keep a ferry within this State, so as ^y Court Ses- 
to demand or receive pay, without a special license (a) first ^^ g^^ 
had and obtained from the Court of Sessions of the county Feb. i4,i797, 
wherein such ferry may be ; and the said Court is hereby who are to 
empowered to grant such licenses to such person or persons |^ ^^ J^. 
as shall be judged suitable for such service by the same fejjja^^ ^ 
Court ; and to state the fare or ferriage at each ferry for pas- 
sengers, horses and other creatures, carriages, waggons, carts, 
teams and other things there transported, always having re- 
gard to the breadth and situation of, and the more or less 
passing at any ferry ; in all cases taking bond with sufficient Ferrrman to 
sureties, of each ferryman for the faithful performance of thq give bond, &c 
duties and services of bis place ; excepting however, all such 
ferries as are already stated and settled by the Court or town 
to whom they appertain. 

Sect. 2. Be it further enacted j That all ferrymen at the Ferrymen to 
several ferries in this State, as well as those stated and set- boaL,^^ 
tied as aforesaid, as others, shall keep a good boat or boats ,|y, . 2.1 . 
in good repair, suitable to the water they are to ferry over, 
and give ready and due attendance on passengers on all occa- and gite duo 
sions, for the times and according to the regulations estab- ^"«"^*°<^»**^ 
lished* at any ferry ; and the keeper or keepers of each 1*769] 
ferry, for every neglect of such attendance, shall forfeit and 
pay one dollar ; and for every neglect in keeping such a boat Penalty for 
twenty dollars ; one moiety thereof in each case, to the use ^^ * 
of the State, and the other, moiety to him or them who shall 
inform and sue for the same ; and be further liable to pay in and liability to 
an action on the case all such speoiol damages as any person ^^ *^^* 
shall sustain by such neglect. 

Sect. 3. Be it further enacted. That if any person or PenaUy for 
persons shall keep a ferry or transport passengers over, or Jj^^'^n^JjJ 
across any stated ferry, so as to demand or receive pay, hav- "»g pay with- 

. , , . , , , „ .. ^ . , i. o«^ authority. 

ing no right or authority so to do, he shall forfeit and pay for [lb. $ s.] 
(a) See ch. 467, toI. 8, p. 298. 



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886 FEREIE9. 

Ch. !76. every such offence four dollars, one moiety thereof to the 
^^"^'"^^ State, and the other to him or them who shall inform and sue 
for the same ; and be further liable in a special action on 
the case, to pay such damages as may or shall accrue to the 
person or persons assigned and authorized to keep any such 
stated ferry or ferries. 
When Court of Sect. 4. Be it further enacted , That whenever the 
^*,Te'Town Court of Scssions of any county in this State, shall judge it 
^y^be*^**in*J^ necessary to set up a ferry for the convenience of passing any 
provide a for- nver or Waters, and no person shall appear to keep the same 
for the stated profits thereof, the town wherein such ferry 
may be, shall take effectual care to provide suitable person 
or persons to keep and attend the same at such place, and in 
such times of the year, as the said Court shall judge necessa- 
whoistobeii- ij 5 which pcrsou or persons shall be licensed by such Court 
cwl Md^ ^3 aforesaid. And the said Court shall take bonds with sure- 
givebond. ^j^g Qf g^ch persons for the faithful performance of the duties 
Court to fix the ^d scrviccs of their places ; and state the fare or ferriage to 
*"• be demanded and received at such ferry, having regard to 

the breadth and situation of, and the more or less passing at 
the same. And the person or persons so appointed ferrymen 
at any ferry so set up, shall keep a good boat or boats in good 
Penalty for repair, suitable to the waters they are to ferry over ; and on 
BMo'i Wbct ^^^^^^ ^t *°y ^'™6 so to do, shall forfeit and pay twenty dol- 
lars for each neglect ; and shall also give ready and due at- 
tendance on all passengers ; and for each neglect so to do, 
shall forfeit and pay one dollar, one moiety thereof in each 
case to the town wherein such ferry may be, and the other 
[♦rroi moiety* to him or them who shall inform or sue for the same. 
Townionop- Sect. 5. Be it further enacted j That if any such ferry 
rriver"fopro- ^^ j^^S^^ neccssary, shall be over any river or water when 
vide a ferry- one town loins thereto on one side, and another town on the 

mao /otMl/y of 

aUemateiy, other side ; in such case the said towns shall either jointly 
[lb. $ 6.] or alternately, provide such person or persons to keep such 

ferry as the said Court shall order. 
[fSee atatwte Sect. 6. Be it further enacted^ That any town neglect- 
SeS^ fo**'^I *"S ^0 provide suitable persons to keep ferriesf as aforesaid 
vent tke «b- ghall forfeit and pav forty dollars for each month's neglect, one 

stniction of f J J . 

terries.] moicty thereof to the use of the State, and the other moiety 



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PILOTAGE. 887 



[lb. § 6.1 



to him or them who shall inform and sue for the same ; and Ch. 177. 
all the forfeitures aforesaid which may be incurred, shall be 
recoverable in an action of debt, with costs of suit, before a 
Justice of the Peace or Circuit Court of Common Pleas of 
the county wherein the ferry may be, according to the amount 
of the forfeitures to be recovered. [Approved February 
24, 1821.] 

Additional Act, ch. 293, vol. 3. p. ]30. 



Chapter 177. 

AN ACT for regalating Pilotage io the feverml porta is tbis State. 

Sect. 1. JtfE it enacted by the Senate and House of Governor and 
Representatives, in Legislature assembledy That the Governor SSon''°or" 
with advice of Council, be, and he hereby is empowered to »***p ownen 

. . .11. ^°" mastert to 

appoint and commission one or more puots for such port or appoint pUots* 
ports in this State as may apply for the same, such applica- 
tion to be signed by a majority of the ship owners and ship 
masters then in the port recommending such suitable person 
or persons, and give to each of the said pilots branches or sod gram them 
warrants for the due execution of the duties of their respec- ^*"^^- 
live offices. 

Sect. 2. Be it further enacted. That every pilot ap- Each pilot to 
pointed as aforesaid shalL before he enter upon the business ^^*^"sut. 
of his office, take the following oath or affirmation before » 2^*^' ^'^' 
some Justice of the Peace, viz. 



Yoa, A. B. do swear (or affirm as the case may be) that you will from time to Pq^qj of ^^ 
time, truly and faithfully perform the duties* of a pilot for the harbour or port of oath. 
— ~— according to your best skill awl judgmeat, agreeable to the laws of this [*T71I 
State. 8o he^ you OOD, * 

And each of said branch pilots shall before be enter upon And give bond 
the dudes of his office, give bonds with sufficient sureties ^nnr^nJ^mtc 
to the Treasurer of this State, in the sum of five thousand 6.000 dollars, 
dollars, for the due performance of the trust reposed in htm : 
And every branch pilot being commissioned and qualified as Duty of branch 
aforesaid, is hereby empowered and directed to take charge wa^VJund' 
of any vessel or vessels drawing nine feet of water and up* ^®^^* 

Vol. II. 44 



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888 PILOTAGE. 

Ch. 177. wards, bound into any of the ports aforesaid ; and shall pilot 
"-•^^^^^^ such vessel or vessels into the port assigned to him, first 

shewing to the master thereof, his branch or warrant, and 

acquainting him or them of his fees. 
Governor and Sect. 3. JBc t7 /ttr^Acr cfiac^cd. That the Govcmor wiih 
t^iibh^their^ the advico of Council, be, and he hereby is empowered to 
f*^* determine and fix the fees of pilotage of the several pilots, 

and send a and to spccify the same in their respective warrants ; and 
them "to each ^so to transmit to each Collector of the customs, in the ports 
collector of ^j^^j harbours aforesaid, a schedule of the said fees, to be by 

customs. ' ' "^ 

such Collector hung up in his office for public inspection : 
Any man may Provided nevertheless^ That any master of a vessel who may 
TCMci. * ^^'^ choose to hazard the pilotage of his own vessel into or out 

of any port, shall be at liberty so to do. 
Pilot liable to Sect. 4. Be it further enacted^ That if any vessel, 
Sst away^Tc! whilc under the charge and direction of a branch or warrant 
or uMl^i!^* pilot, shall be lost, cast away or run aground, through the un- 
less, skilfulness or neglect of such pilot, then and in that case, 
[lb. §8] such pilot shall be liable to pay the just value of the vessel 

and her cargo ; or any proportionable damage which may be 
to the owners Sustained thereby ; to be sued for and recovered by the 
or insurers. q^^q^ or owners, or insurer or insiu-ers thereof, in any Court 

proper to try the same. 
Outioard' Sect. 5. Be it further enacted^ That all (a) vessels 

subject to same drawing nine feet of water and upwards, bound to sea, out 
SwartJ^ouiS of ^"y of Ac ports aforesaid, (except coasting and fishing 
if^^and Sn' ^^sscls) (6) shall be under the same restrictions, and liable to 
▼essek.) pay the same fees, that vessels are under and liable to, that 

[lb. $ 10.] are bound into any of the same ports ; and all pilots of any 

outward bound vessels shall be liable to similar actions for 

[*r721 damages,^ and subject to the same penalties, for their unskil- 

liable to same fulncss or neglect, that they would have been, if the same 

pcna ues, &c. yggg^jg jjg J ]^ggn bound into any of the ports aforesaid : and 

to the intent that a suitable check may be had upon the pilots 

(a) Ayers vs. Knox, 7 Mass. 806. 

(5) A registered vessel bound from one port to another in the United 
States, and thence to a foreign country , is a coaster. TilUy vs. Farrow, 14 
Masi. 17. 



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HERRING FISHERY. 889 

aforesaid, and that they may be excited to a due vigilance in Ch. 178. 
the discharge of the duties assigned them : v-^-v-*w/ 

Sect. 6. Be it further enacted^ That the Governor and Governor and 
Council be, and they hereby are empowered to hear and cide*on com^ 
determine all complaints exhibited against the said pilots for "^^^ *^'"'* 
mal-conduct in the premises, and to suspend or remove them 
at their discretion, aud to appoint others in their room, lay- 
bg the reasons therefor before the Legislature at the next 
session after such suspension or removal. [Approved Feb- 
ruary 24, 1821.] 



Chapter 178. 

AN ACT to regulate the Herring Fishery (a). 

Sect. 1. JlSe it enacted by the Senate and House of Hernnganotto 
Representatives in Legislature assembled^ That no person shall Jj^^'^Mar^' 
take any fish called English herrings, within the waters of ^»*"^^^^* 
this State, between the first day of March and tlie first day 
of September in each year, for the purpose of pickling or 
smoking the same. 

StcT. 2. Be it further enacted. That no net having whainetimny 
meshes less than seven eighths of an inch square shall be **®"^^- 
used for taking herrings for the purpose of pickling or 
smoking the same. 

Sect. 3. Be it further enacted. That no more than siMofsctson 
sixty yards of nets in length and five yards in width for each 5^^.^*^'°* 
fisherman employed on board of any fishing vessel, shall be 
carried or used, in any such vessel, for the purpose of taking 
herrings, and no one vessel shall carry or use more than 
three hundred yards in length, at any one time, for the pur- 
pose of takitig herrings. 

(a) 1. The Legislature may unquestionably regulate the taking offish within 
the State, and oblige all citizens to conform to the regulations, by inflicting 
ponalties for the violation of them. Bumham vs. Webster, 5 Mass. 269. 
See Vinton ^ al v$. Welsh, 9 Pick, 87. 

2. All laws regulating the taking offish are public statutes, and the Court 
must ex officio take notice of them. 76. 4r Com. vs. Mc Curdy, 6 Mcus. 
826. 



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890 HEBaiNO FISHERY. 

Ch. 178. Sect. 4. Be U further enacUdj That do person shall 
^-^""•^"^ set or place (b) any net crosswise of any riyer, stream, har- 

No neta to be , , .,.,.« i ,i , ,. 

set acrosa Dour, crecK or cove, withid this State ; but all nets shall 
fen^h^'iae. ^e Set or placed lengthwise of the river, stream, harbour, 
[♦773] creek or cove,* in which such nets shall be set or placed for 
the purpose of taking herrings. 
Herrings not Sect. 5 Bc it further enacted, That it shall not be 
tw^ensuniton lawful for any person to take herrings within any river, stream, 
Saturday night harbour, crcek or cove, within this State, between sun-set 

and sunrise on ' ' ^ ' 

Monday morn- on Saturday night, and sun-rise on Monday morning in each 

week, for the purpose of pickling or smoking the same. 
None but citi- Sect. 6. Be it further enacted. That no person other 

zens of this , . . r i • o in i 

State to set tliau a Citizen of this btate shall set or place any net, seme, 
wear to catch ^^^^ ^^ Other machine in any of the rivers, stream?, creeks, 
salmon. harbours, inlets or coves in this State, for the purpose of 

taking salmon, shad, herrings or alewives (c). 

[Sect. 7, repealed; see ch. 241, § 1, vol. 8, p. 71. 

Penaittes, and Sect. 8. Be it further enacted, That any person who 
how recovered, gj^^j yj^ij^^e j^y provision of this act, shall forfeit and pay, 
for each and every such offence, a fine not exceeding Mty, 
nor less than five dollars, to be recovered ra an action of 
debt in any court proper to try the same, by and for the use 
of the person, who shall prosecute therefor (rf). [Approv- 
ed March 19, 1821.] 

Additional Act, ch. 241, vol. 3, p. 71. 

(6) A seine having one end of it attached to a boat which is made fast to 
a stake on one side of a river, and having at the other end a rope which is 
p&ssed round a stake on the other side of the river, and is held by men and 
drawn or slackened at pleasure, it a placed or set seine. Watettovon vs. 
Draper, 4 Pick. 166. 

(c) By ch. 265, vol. S, p. 86, it la provided that no person shall set any 
net for the purpose of taking herrings in any river, stream, harbonr, creek or 
cove in tho county of Washington, except to be urad for bait poly. 

(<i) See act passed March 8, 1882, ch. 23 ; and act passed March 9, 1882, 
ch. 86. 



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FISH. 891 

Gkapter 179. Cu. 179. 

AN ACT for tbe preservaition of certmin Fiih. v^^v-^^ 

Sect. I. ll>E it enacted by the Senate and House of penalty for kU- 
Representatives^ in Legislature assembled^ That it shall not In^^night'^by* 
be lawful for any person to take any of the fish, called pick- ^?^"°«> or 

. * ^ , ' ^ shooting at any 

erel or trout, in any of the ponds, rivers or streams within time, 
this State, with spears in the night time, or by shooting them [Maaa. Stat, 
at any time ; and every person offending, contrary to the true ^ ' ' 
intent of this act, upon conviction thereof, before any Justice 
of the Peace, shall pay a fine of fifty cents for each and eve- 
ry pickerel or trout so taken, to and for the use of the per- 
son who shall sue for the same. 

Sect. 2.* Be it further enacted^ That it shall not be [nT4] 
lawful for any person to take any oysters from their beds, de- king away or 
stroy them or wilfully obstruct their growth therein, in any ^•'oywgoy^ 
part of this State, except as is hereinafter excepted ; and .j^^^ g^^ 
every person who shall so take, destroy or obstruct the same, Feb. 26, 1796, 
shall forfeit and pay for every bushel of oysters, including 
the shells so taken or destroyed, the sum of two dollars : 
Provided however^ And it shall, at all times, be lawful for the unless by oer- 
major part of the Selectmen, for the time being of any town S^^^. "* 
wherein oyster beds shall be, to give permits in writing, to 
any person to take oysters from their beds, at such times, in 
such quantities, and for such uses, as they shall think reason- 
able, and express in their permit : Provided further^ And it 
shall also be lawful for every inhabitant of any such town, with- 
out such permit, to take oysters from their beds therein for 
the use of his or her family, from the first day of September 
to the first day of June annually. 

Sect. 3. Be it further enacted^ That if any person shall Penalty for ta- 
take any other shell fish from their beds, destroy them or wil- J^"5 &h^ex. 
fully obstruct their growth therein, in any harbour, creek, cepting by per- 

, . ,.,.,.« mission, &c. 

salt water river, bay or inlet in this State, except as is here- 
inafter excepted, the person so offending shall forfeit and pay 
for every bushel of such other shell fish, including the shells 
so taken or destroyed, the sum of one dollar : Provided nev- 
ertheless, That the major part of the Selectmen for the time 
being, of each of the said towns, bordering on any harbour, 
creek, salt water river, bay or inlet, shall at all times have 



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892 ACTS REPEALED. 

Ch. 180. power to give permits, in writing, to any person to take such 

"-•^^^^^^ other shell fish from their beds in their said towns, at such 

times, in such quantities, and for such uses, as they shall 

deem reasonable, and express in their permit : Provided also^ 

That every inhabitant of each of the said towns without such 

permit shall have a right to take such other shell fish from 

their beds therein for the use of his or her family : And pro- 

vided further^ That nothing in this act shall extend to deprive 

any native Indians of the privilege of digging shell fish for 

their own consumption, or to prevent any fisherman from 

taking any quantity of shell fish which he may want for bait, 

so that it do not exceed seven bushels, including their shells, 

at any one time. 

[♦775] Sect. 4.* Be it further enacted^ That if any vessel, 

&!^ith oyi- boat, or craft shall be found within the limits of any town, 

Kcif^ithout ^°^ °^^ owned therein, with any oysters on board, taken in 

permit, incer- such town Without such permit, or within the limits of any 

tain cases Jia- r ? J 

We to seizure one of the towns and not owned therein, with other shell fish 

for said tines. 



[lb. § 8.] 



on board, taken in such town without such permit ; it shall 
be lawful for any inhabitant or inhabitants of any town where- 
in such vessel, boat or craft shall so be found trespassing, to 
seize and detain the same, not exceeding forty-eight hours, 
in order that the same, if need be, may be attached or ar- 
rested by due process of law, in that time to answer the said 
To be dis- fines and forfeitures, with costs of suit : Provided however^ 
^ytS^t *?f That as soon as the owner or master of any such vessel, 
micb fines. j^qjj^ qj. craft, shall pay said fines and forfeitures, and before 
sued, to the Treasurer of the town, to the use thereof, where- 
in the same shall be incurred, such vessel, boat or craft shall 
be discharged with the efllscts therein. [Approved March 
19, 1821.] 



Chapter ISO. 

AN ACT repealing certain Acts therein named. 

Sect. 1. Be i7 enacted by the Senate and House of 
Representatives^ in Legislature assembled^ That from and after 



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ACTS REPEALED. 893 

the passing of this Act, the following Acts made and passed Ch. 180. 
by the Legislature of the Province of Massachusetts Bay, ^.^v-^^ 
and of the Commonwealth of Massachusetts, be, and the 
same are, as respects this State, hereby repealed. Providedy 
That where any of said Acts have been revised and re-en- 
acted, or come within the purview of any Act or Acts pass- 
ed during the present session of the Legislature, and such 
last mentioned Act or Acts, in whole or in part, are not to 
take effect and go into operation until a future day, in all 
such cases such of said Acts hereby repealed, shall continue 
in force until the revised or re-enacted Acts within the pur- 
view of which they come, shall go into operation, namely : 
An Act for the better rule and government of the Indians 
in their several places and plantations. Passed in the year 
sixteen* hundred and ninety three. An Act for preventing [*7T61 
abuses to the Indians. Passed in the year seventeen hun- 
dred. An Act for the better making and measuring of malt. 
Passed in the year seventeen hundred. An Act to prevent 
and make void clandestine and illegal purchases of lands 
from the Indians. Passed in the year seventeen hundred 
and one. An Act for regulating the size of bricks. Passed 
in the year seventeen hundred and eleren. An Act direct- 
ing how meetings of proprietors of lands lying in common, 
may be called. Passed in the year seventeen hundred and 
thirteen. An Act in addition to the Act for preventing 
abuses to the Indians, made in the twelfth year of King Wil- 
liam. Passed in the year seventeen hundred and eighteen. 
An Act for preventing abuses in distilling of rum and other 
strong liquors, with leaden heads or pipes. Passed in the 
year one thousand seven hundred and twenty three. An 
Act for explaining an Act, entitled, ^^An Act to prevent and 
make void clandestine and illegal purchases of lands from the 
Indians," so far as relates to the devise or bequest of any 
real estate by the last will and testament of any Indians. 
Passed in the year one thousand seven hundred and forty 
seven. An Act to prevent bribery and corruption. Passed 
in the year one thousand seven hundred and fifty eight. An 
Act against treason and misprision of treason, and for regula- 
ting trials m such cases, and for directing the mode of exe- 



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894 ACTS REPEALED. 

Ch. 180. cuting judgments against persons attainted of felony. Passed 
^^^^^^ in the year one thousand seven hundred and seventy seven. 
An Act in addition to an Act, entitled, "An Act against trea- 
son, misprision of treason, and concealment of treason, and 
for regulating trials in such cases, and for directing the mode 
of executing judgments against persons attainted of felony." 
Passed June twenty fifth in the year one thousand seven 
hundred and seventy nine. An Act prescribing the form of 
the writ of audita querela, and of the proceedings thereupon. 
Passed May eighteenth in the year one thousand seven hun- 
dred and eighty one. An Act against blasphemy. Passed 
July third, in the year seventeen hundred and eighty two. 
An Act directing and regulating the process of outlawry. 
Passed October second in the year seventeen hundred and 
[♦777] eighty* two. An Act for the repealing of one Act of this 
Commonweal tli, made and passed on third day of May last, 
entitled, "An Act providing a speedy method of recovering 
debts and for preventing unnecessary costs attending the 
same ; and for making other provision which may better an- 
swer the ends designed by the said Act. Passed October 
nineteenth in the year one thousand seven hundred and eighty 
two. An Act to compel executors living without the Com- 
monwealth to settle their accounts ; and to oblige adminis- 
trators and guardians not being inhabitants of this Common- 
wealth, to give bonds with proper sureties for the perform- 
ance of the duties of their trust. Passed October twenty 
third in the year one thousand seven hundred and eighty two. 
An Act for apprehending and sending for trial, persons charg- 
ed with having committed crimes in some other State, and 
to authorize the officers of Justice of the other States to 
continue the execution of their precepts within this State, 
when necessary. Passed November seventh in the year one 
thousand seven hundred and eighty two. An Act for encour- 
aging the killing of wolves. Passed twenty first of February 
in the year one thousand seven hundred and eighty three. 
An Act more efiectually to enable Constables and Collectors 
of taxes, to collect assessments in certain cases. Passed 
March twentieth in the year one thousand seven hundred and 
eighty three. An Act to provide for collection of taxes in 



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ACTS REPEALED. 895 

cases where the Constables or Collectors appointed for that Ch 180. 
purpose have removed or may remove themselves out of this ^-^"v-w 
Commonwealth. Passed July fifth in the year one thousand 
seven hundred and eighty three. An act for regulating pilot- 
age in the several ports in this Commonwealth. Passed July 
eleventh in the year one thousand seven hundred and eighty 
three. An act for the admeasurement of boards, and regu- 
lating the tale of shingles, clapboards, hoops and staves, and 
for other purposes therein mentioned. Passed July twelfth' 
in the year one thousand seven hundred and eighty three. An 
act prescribing the manner of devising lands, tenements and 
hereditaments. Passed February sixth in the year one thou- 
sand seven hundred and eighty four. An act directing the 
settlement of the estates of persons deceased, and for the 
conveyance* of real estates in certain cases. Passed March 1*778] 
fourth in the year one thousand seven hundred and eighty 
four. An act directing the mode of transferring real estates 
by deed, and for preventing fraud therein. Passed March 
tenth in the year one thousand seven hundred and eighty 
four. An act empowering the Judges of Probate to appoint 
guardians to minors and others. Passed March tenth in the 
year one thousand seven hundred and eighty four. An act 
for the better managing lands, wharves and other real estate, 
lying in common. Passed March tenth in the year one thou- 
sand seven hundred and eighty four. An act for the speedy 
assignment of dower, and for the preventing of strip and 
waste by tenants therein. Passed March eleventh in the year 
one thousand seven hundred and eighty four. An act for the 
more easy partition of lands or other real estate. Passed 
March elevenfli in the year one thousand seven hundred and 
eighty four. An act describing the power of Justices of the 
Peace in civil actions. Passed March eleventh in the year one 
thousand seven hundred and eighty four. An act describing 
the duty and power of Coroners. Passed March twelfth in 
the year one thousand seven hundred and eighty four. An 
act defining the general powers and duties, and regulating 
the office of Sheriffs. Passed March twelfth, in the year 
one thousand seven hundred and eighty four. An act vest- 
ing certain powers in Justices of the Peace in criminal cases. 
Vol. u. 45 



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896 ACTS REPEALED. 

Ch. 180. Passed March sixteenth in the year one thousand seven 
^-^"v-w hundred and eighty four. An act in addition to an act, 
entitled **An act for the admeasurement of boards, and reg- 
ulating the tale of shingles, clapboards, hoops and staves, and 
for other purposes therein mentioned." Passed March six- 
teenth in the year one thousand seven hundred and eighty 
four. An act for the restraining the taking of excessive 
usury. Passed March sixteenth in the year one thousand 
seven hundred and eighty four. An act directing the issu- 
ing, extending and serving of executions. Passed March 
seventeenth in the year one thousand seven hundred and 
eighty four. An act prescribing the method of satisfying 
judgments in favor of this Commonwealth. Passed March 
seventeenth in the year one thousand seven hundred and 
eighty four. An act to authorize the Courts of Law to en- 
[♦7T9] ter* up judgment against the goods and estate of deceased 
persons, when the executor or administrator neglects or re- 
fuses to prosecute or defend. Passed March seventeenth in 
the year one thousand seven hundred and eighty four. An 
act for the more safe keeping the registry of deeds and con- 
veyances of land, and for appointing the time and manner of 
choosing Registers. Passed March seventeenth in the year 
one thousand seven hundred and eighty four. An act to en- 
able the inhabitants of the several towns and plantations with- 
in this Commonwealth to ascertain from time to time the 
amount of monies received by their respective Collectors of 
public taxes, and what payments they have made to the Treas- 
urer of the Commonwealth. Passed March twenty third in 
the year one thousand seven hundred and eighty four. An 
act for the distribution of insolvent estates. Passed June 
fifteenth, in the year one thousand seven hundred and eighty 
four. An act directing the proceedings against forcible entry 
and detainer. Passed June thirtieth in the year one thousand 
seven hundred and eighty four. An act regulating bail in 
civil actions. Passed June thirtieth in the year one thousand 
seven hundred and eighty four. An act prescribing forms of 
writs in civil causes, and directing the mode of proceeding 
therein. Passed October thirtieth in the year one thousand 
seven hundred and eighty four. An act regulating the ex- 



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ACTS REPEALED. - 897 

portation of flax seed, potash, pearlash, beef, pork, barrelled Cii. 180. 
fish, and dried fish. Passed November ninth in the year ^^"v-^^ 
one thousand seven hundred and eighty four. An act against 
adultery, polygamy and lewdness. Passed February seven- 
teenth in the year one thousand seven hundred and eighty 
five. An act for providing and regulating of prisons. Pass- 
ed February twenty first in the year one thousand seven 
hundred and eighty five.f An act to prevent the destroy- [tSee ch. isi, 
ing and murdering of bastard children. Passed February *** ' '^' 
twenty sixth in the year one thousand seven hundred and 
eighty five. An act against selling unwholesome provis- 
ions. Passed March ninth in the year one thousand sev- 
en hundred and eighty five. An act in addition to an act 
prescribing forms of writs in civil causes and directing the 
mode of proceeding therein. Passed March fourteenth in 
the year one thousand seven* hundred and eighty five. An [•T80] 
act directing the process in habeas corpus. Passed March 
sixteenth in the year one thousand seven hundred and eigh- 
ty five. An act for preventing common nuisances. Pass- 
ed June seventh in the year one thousand seven hundred 
and eighty five. An act against hawkers, pedlars and petty 
chapmen. Passed June ninth in the year one thousand seven 
hundred and eighty five. An act providing a speedy method 
for doing justice, when through mistake executions are levied 
on real estate not belonging to the debtors. Passed June 
fourteenth in the year one thousand seven hundred and eighty 
five. An act for the filing and recording of wills proved 
without this government, and for taking affidavits in writing 
for the probate of wills in certain cases. Passed June twen- 
ty ninth in the year one thousand seven hundred and eighty 
five. An act giving remedies in equity. Passed November 
fourth in the year one thousand seven hundred and eighty 
five. An act regulating the admission of Attornies. Passed 
November fourth in the year one thousand seven hundred and 
eighty five. An act for regulating the exportation of tobacco 
and butter and the weight of onions in bunches, and the size 
of lime casks. Passed November eighth in the year one 
thousand seven hundred and eighty five. An act for the more 
efiTectually preventing of trespasses in divers cises. Passed 



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898 ACTS REPEALED. 

Ch. 180. November twentj third m the year ooe thousand sevea bun- 
^-T'^^^ dred and eighty five. An act empowering the Selectmen 
of such towns where there may be fire engines, to appoint 
engine men, and repealing the laws heretofore made for that 
purpose. Passed February seventh in the year one thou- 
sand seven hundred and eighty six. An act for enforcing 
the speedy payment of rates and taxes, and directing the 
process against deficient Constables and Collectors. Passed 
February sixteenth in the year one thousand seven hundred 
and eighty six. An act for regulating the proceedings in ac- 
tions of account. Passed February seventeenth in the year 
one thousand seven hundred and eighty six. An act for 
the choice and appointment of Assessors and for assigning 
their powers and authority. Passed February twentieth in 
the year one thousand seven hundred and eighty six. An 
act for the better securing and rendering more effectual, 
[*781] grants^ and donations to pious and charitable uses. Passed 
February twentieth in the year one thousand seven hundred 
and eighty six. An act for regulatmg fences. Passed Feb- 
ruary twenty first in the year one thousand seven hundred 
and eighty six. An act concerning general and common 
fields. Passed February twenty fourth in the year one 
thousand seven hundred and eighty six. An act to prevent 
gaming for money, or other property. Passed March fourth 
in the year one thousand seven hundred and eighty six. 
An act to prevent tenants in common, joint tenants and co- 
parceners from committing waste, and for making partition of 
their interests, and also directing how joint tenancies shall 
be created. Passed March ninth in the year one thousand 
seven hundred and eighty six. An act for the punishment 
of fornication, and for the maintenance of bastard children. 
Passed March fifteenth in the year one thousand seven hun- 
dred and eighty six. An act for regulating marriage and 
divorce. Passed March sixteenth in the year one thousand 
seven hundred and eighty six. An act for the choice and 
appointment of Collectors of rates and taxes, and for ascer- 
taining their power and duty. Passed March sixteenth, in 
the year one thousand seven hundred and eighty six. An 
act for regulating towns, setting forth their power, and for 



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ACTTB REPEALED. 899 

the choice of town officers, and for repealing all laws here* Ch. 180. 
tofore made for that purpose. Passed March twenty third in ^■^'>^"^ 
the year one thousand seven hundred and eighty six. An act 
directing the time and manner of appointing county Treasure 
ers. Passed March twenty third in the year one thousand 
seven hundred and eighty six. An act for the orderly solem- 
nization of marriages. Passed June twenty second in the year 
one thousand seven hundred and eighty six. An act for ren* 
dering the decision of civil causes as speedy and as little ex* 
pensive as possible. Passed July seventh in the year one 
thousand seven hundred and eighty six. An act for establish- 
ing rules and articles for governing the troops stationed in 
forts and garrisons within this Commonwealth ; and also the 
Militia or any part thereof when called into actual service. 
Passed October twenty fourth in the year one thousand sev- 
en hundred and eighty six. An act to prevent routs, riots, 
and tumultuous assemblies, and the evil consequences there- 
of.* Passed October twenty eighth in the year one thousand [n82] 
seven hundred and eighty six. An act for the limitation of 
personal actions, and for avoidmg suits at law. Passed Feb- 
ruary thirteenth in the year one thousand seven hundred and 
eighty seven. An act in addition to the act for the more 
easy partition of real estate. Passed March the eleventh 
one thousand seven hundred and eighty four. Passed Feb- 
ruary fourteenth in the year one thousand seven hundred 
and eighty seven. An act for regulating the proceedings 
on probate bonds in the Courts of common law, and di- 
recting their form in the Supreme Court of Probate. Pass- 
ed February fifteenth in the year one thousand seven hun- 
dred and eighty seven. An act for the more safe keep- 
ing the records of the several Courts of Justice, and the 
records of deeds within this government. Passed February 
sixteenth in the year one thousand seven hundred and eighty 
seven. An act establishing the right to, and the form of 
the writ de homine replegiando, or writ for replevying a 
man. Passed February nineteenth in the year one thousand 
seven hundred and eighty seven. An act for the more 
speedy and effectual suppression of tumults and insurrec- 
tions in the Commonwealth. Passed February twentieth in 



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900 ACTS REPEALED. 

Ch. 180. the year one thousand seven [hundred] and eighty seven. An 
^^"^^"^^ act directing the method for laying out highways. Passed 
February twenty seventh in the year one thousand seven hun- 
dred and eighty seven. An act for the due regulation of li- 
censed houses. Passed February twenty eighth in the year 
one thousand seven hundred and eighty seven. An act ma- 
king provision for the repair and amendment of highways. 
Passed March fifth in the year one thousand seven hundred 
and eighty seven. An act in addition to an act made in 
the year of our Lord one thousand seven hundred and eighty 
four, entitled "An act directing the mode of transferring 
real estates, by deed, and for preventing fraud therein." 
Passed June twenty eighth in the year one thousand seven 
hundred and eighty seven. An act for enabling proprie- 
tors of private ways and bridges to repair them in equal 
proportion. Passed November twelfth in the year one thou- 
sand seven hundred and eighty seven. An act for the fur- 
ther regulating the assize of barrel beef and pork. Passed 
[*783J November* fourteenth in the year one thousand seven hun- 
dred and eighty seven. An act authorizing the Justices of 
the Supreme Judicial Court to license the sale of real estate 
by married women, in certain cases, and for other purposes 
in th« act mentioned. Passed November twenty first in the 
year one thousand seven hundred and eighty seven. An 
act in addition to an act passed March sixteenth in the year 
of our Lord one thousand seven hundred and eighty six, en- 
tilled " An act for the choice and appointment of Collectors 
of rates and taxes, and for ascertaining their power and du- 
ty." Passed March twenty six in the year one thousand 
seven hundred and eighty eight. An act for suppressing 
and punishing of rogues, vagabonds, common beggars and 
other idle, disorderly and lewd persons. Passed March 
twenty sixth, in the year one thousand seven hundred and 
eighty eight. An act to prevent the exportation of green 
or unmanufactured calf skins, out of this Commonwealth 
by land or water. Passed March thirty first, in the year 
of our Lord one thousand seven hundred and eighty eight. 
And act empowering the Justices of the Supreme Judicial 
Court to grant writs of review in certain cases. Passed 



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ACTS REPEALED. 901 

June eighteenth in the year one thousand seven hundred Ch. 180. 
and eighty eight. An act to prevent fraud and perjury. >-^->^^ 
Passed June nineteenth, in the year one thousand seven hun- 
dred and eighty eight. An act for the ease of the citizens 
concerning actions upon penal statutes. Passed June nine- 
teenth in the year one thousand seven hundred and eighty 
eight. An act to confirm the doings of Justices of the Peace 
whose commissions have expired, or may hereafter expire 
and be again renewed. Passed June twentieth in the year 
one thousand seven hundred and eighty eight. An act in ad- 
dition to the act, ^^ for regulating the proceedings on probate 
bonds in the Courts of Common law and directing the form 
in the Supreme Court of Probate.'* Passed June twentieth 
in the year one thousand seven hundred and eighty eight. 
An act for erecting work houses for the reception and em- 
ployment of the idle and indigent. Passed January tenth 
in the year one thousand seven hundred and eighty nine. 
An act to prevent damage by horses going at large. Passed 
February third in the year one thousand seven^ hundred and [n84] 
eighty nine. An act directing the mode of prosecuting writs 
of review, after the death of any or all of the parties in the 
original suit. Passed February ninth in the year one thou- 
sand seven hundred and eighty nine. An act authorizing ex- 
ecutors and administrators to make sale of real estate mort- 
gaged to their testators or intestates, and such as they shall 
take in execution in certain cases. Passed February elev- 
enth in the year one thousand seven hundred and eighty nine. 
An act authorizing Courts having criminal jurisdiction, to 
award in certain cases conditional sentences against offen- 
ders. Passed February thirteenth, in the year one thousand 
seven hundred and eighty nine. An act respecting lost goods, 
and stray beasts. Passed February thirteenth, in the year 
one thousand seven hundred and eighty nine. An act for 
regulating swine. Passed February thirteenth in the year one 
thousand seven hundred and eighty nine. An act declaring 
the causes for which ^attle may be impounded, the manner 
how they shall be proceeded with in such cases, and for pre- 
venting rescue and pound breach. Passed February four- 
teenth in the year one thousand seven hundred and eighty 



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902 ACTS REPtlALED. 

Ch. 180. nine. An act for limiting the time within which suits may be 
^-^^^^^-^ prosecuted against executors and administrators and for per- 
petuating the evidence of notice given by them, and by guar- 
dians and others, respecting the sale of real estate. Passed 
February fourteenth in the year one thousand seven hundred 
and eighty nine. An act directing an equal distribution of 
the estates of intestates. Passed June eighth in the year one 
thousand seven hundred and eighty nine. An act further to 
enable Constables and Collectors of taxes to complete their 
collections in certain cases. Passed June fifteenth in the 
year one thousand seven hundred and eighty nine. An act 
authorizing the settlement of the claims of executors and ad- 
ministrators in the Probate Court by referees. Passed June 
twenty second in the year one thousand seven hundred and 
eighty nine. An act to provide for the instruction of youth, 
and for the promotion of good education. Passed June twen- 
ty fifth in the year one thousand seven hundred and eighty 
nine. An act in addition to the act regulating the exporta- 
tion of flax seed and other articles. Passed on the ninth 
[•785] day* of November Anno Domini one thousand seven hun- 
dred and eighty four. Passed June twentieth in the year 
one thousand seven hundred and eighty nine. An act pre- 
" scribing the form, and directing the mode of process, to be 

adopted in replevying of cattle or beasts distrained, and also 
of goods and chattels. Passed June twenty fourth, one 
thousand seven hundred and eighty nine. An act to provide 
for the safe keeping of all prisoners committed under the 
authority of the United States in the several gaols within this 
Commonwealth. Passed February twenty sixth in the year 
one thousand seven hundred and ninety. An act empower- 
ing commissioners appointed to receive and examine the 
claims of the creditors to insolvent estates, to require of, and 
administer to them an oath or affirmation, the better to dis- 
cover the truth of their claims. Passed March third in the 
year one thousand seven hundred and ninety. An act au- 
thorizing particular persons, in certain cases, to prosecute 
and defend suits at law. Passed March sixth in the year one 
thousand! seven hundred and ninety. Ah act in addition to, 
and to explain an act passed the tenth day of March in the 



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Ad's nCPEALEP. 903 

year of our Lord one thousand seven hundred and eighty four, Ch. 180. 
entitled, **An act for the better managing of lands, wharves, ^-•■v-^ 
and other real estate lying in common.'* Passed March 
ninth in the year one thousand seven hundred and ninety one. 
An act for the preservation and encouragement of the fur 
trade within this Commonwealth. Passed June tenth in the 
year one thousand seven hundred and ninety one. An Act 
to ascertain the quality of pot and pearl ashes, and for the 
mor^ effectual inspection of the same. Passed June seven- 
teenth in the year one thousand seven hundred and ninety 
one. An act in addition to an act, entitled, ^'An act for 
the more safe keeping the Registry of deeds and conveyan- 
ces of land, and for appointing the time and manner of 
choosing Registers." Passed June eighteenth in the year 
one thousand seven hundred and ninety one. An act direct- 
ing the manner in which inquests of office shall be taken to 
revest real estate in the Commonwealth, or to entitle the 
Commonwealth thereto. Passed June eighteenth in the year 
one thousand seven hundred and ninety one. An* act in [n8d] 
addition to an act, entitled, "An act empowering the Justices 
of the Supreme Judicial Court to grant writs of review, in 
certain cases. " Passed June eighteenth in the year one thou- 
sand seven hundred and ninety one. An act in addition to the 
several laws now in force providing for the collection of tax- 
es. Passed February third in the year one thousand seven 
hundred and ninety two. An act in addition to, and for re- 
pealing and altering part of an act, entitled " An act for lim- 
iting the time within which suits may be prosecuted against 
executors and administrators, and for perpetuating the evi- 
dence of notice given by them, and by guardians and others 
Tespecting the sale of real estate." Passed February four- 
teenth in the year one thousand seven hundred and ninety 
two. An act to prevent damage by mischievous dogs. Pass- 
ed February twenty fifth in the year one thousand seven hun- 
dred and ninety two. An act providing for the payment of 
costs in criminal prosecutions, and for preventing unneces- 
sary costs therein. Passed March eighth in tlie year one 
thousand sev«a hundred and ninety two. An act providing 
for the observation of the Lord's day, and repealing several 
Vol.. II. 46 



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904 ACTS REFEALED. 

Ch. 180. laws heretofore made for that purpose. Passed March eighth 
^"^■^^^"'^ in the year one thousand seven hundred and ninety two. An 
act providing a more easy and simple method than is now in 
use of barring estates in tail in lands and for making the 
same liable to the payment of the debts of the tenant in tail. 
Passed March eighth in the year one thousand seven hun- 
dred and ninety two. An act for making the certificates of 
certain officers evidence in criminal cases. Passed March 
eighth in the year one thousand seven hundred and ninety 
two. An act authorizing Coroners to execute writs and 
precepts when the office of Sheriff may be vacant. Passed 
June twenty eighth in the year one thousand seven hundred 
and ninety two. An act in addition to an act for the due 
regulation of licensed houses. Passed November seven- 
teenth in the year one thousand seven hundred and ninety 
two. An act admitting inhabitants of towns, and certain 
other corporations to be witnesses, as well for as against 
such towns and corporations, in suits at law. Passed Feb- 
ruary thirteenth in the year one thousand seven hundred 
[*787] and^ ninety three. An act for giving liberty to plead the 
general issue, and give the special matter in evidence, in 
certain cases. Passed February twenty fifth in the year one 
thousand seven hundred and ninety three. An act for pro- 
viding hospitals for inoculation, and preventing infection from 
the small pox, and for repealing several acts heretofore made 
for that purpose. Passed March fifteenth in the year one 
thousand seven hundred and ninety three. An act in addition 
to an act, entitled, ^<An Act to ascertain the quality of pot 
and pearl ashes, and for the more effectual inspection of the 
same," passed the seventeenth day of June one thousand 
seven hundred and ninety one. Passed March twenty sixth 
in the year one thousand seven hundred and ninety three. 
An act in addition to an act, entitled, ^^An Act to prevent 
damage by horses going at large. " Passed June twenty sec- 
ond in the year one thousand seven hundred and ninety three. 
An act ascertaining what shall constitute a legal settlement of 
any person in any town or district within the Commonwealth, 
so as to entitle him to support therein in case he becomes 
poor, and stands in need of relief; and for repet^g all laws 



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ACTS REPBAtBIX 906 

heretofore made respecting such setdemeiit. Passed Feb- Cb. 180. 
ruary eleventh in the year one thousand seven hundred and ^-^^^^^^^ 
ninety four. An act to secure to owners their property in 
logs, masts, spars and odier timber, in certain cases. Pass- 
ed February twenty second in the year one thousand seven 
hundred and nmety four. An act prescribing the mode of 
recovering forfeitures of personal property liable thereto by 
law, and also pecuniary forfeitures. PiBsed February twenty 
second in the year one thousand seven hundred and ninety 
four. An act in addition to an act, entided, ^^An Act for 
enforcing the speedy payment of rates and taxes, and direct- 
ing the process against deficient Constables and Collectors." 
Passed February twenty sixth in the year one thousand sev- 
en hundred and ninety four. An act providing for the relief 
and support, employinent and removal of the poor, and for 
repealing all former laws nuide for those purposes. Passed 
February twenty sixth in the year one thousand seven hun- 
dred and ninety four. An act in addition to an act for the 
limitation of personal actions and for avoiding suits at law,* [nss] 
passed the thirteenth day of February, one thousand seven 
hundred and eighty seven. Passed February twenty seventh 
in the year one thousand seven hundred and ninety four. An 
act in addition to an act, entitled, '^An act for the distribu- 
tion of insolvent estates.*' Passed June twentieth in the 
year one thousand seven hundred and ninety four. An act 
in addition to an act, entitled, ^^ An act concerning general 
and common fields," passed in February in the year of our 
Lord one thousand seven hundred and eighty six. Passed 
February eighteenth m the year one thousand seven hundred 
and ninety five. An act in addition to an act, entitled, ^^ An 
act providing for the payment of costs in criminal prosecu- 
tions, and for preventing unnecessary costs therein." Pass- 
ed February twenty seventh in the year one thousand seven 
hundred and ninety five. An act making provision for the 
erecting guide posts upon public roads. Passed February 
twenty eighth in the year one thousand seven hundred and 
ninety five. An act to secure to masters and mistresses, 
as well as to apprentices and minor servants, bound by deed, 
their mutual privileges. Passed February twenty eighth in 



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006- ACTS REPEAtED. 

Ch. 180. tbe year one thousoiHl sevea hundred and niaety fire. Aa 
^"^^^^^'^ act to enable creditors to receive their just demands out of 
the goodS) effects and credits of their debtors, when the same 
cannot be attached by the ordinary process of law. Passed 
February twenty eighth in the year one thousand scren hun- 
dred and ninety five. An act prescribing the duty of Con- 
stables and Collectors in certain cases, previous to the ad- 
vertisement of non-resident proprietor's lands for sale, for 
non-payment of taxes, and for perpetuating the evidence of 
posting notifications previous to such sales. Passed Febru- 
ary twenty eighth in the year one thousand seven hundred 
and ninety five. An act to regulate the sale of goods at 
public vendue and to repeal all laws heretofore made for 
that purpose. Passed June sixteenth io the year one thou^ 
sand seven hundred and ninety five. An act establishiug 
and regulating the fees of the several officers and other 
persons hereafter mentioned ; and. for repealing the laws 
heretofore made for that purpose. Passed February thir- 
teenth in the year one thousand seven hundred and ninety 
six. An act relating to the place of trial, standing nnite, 
1*789] «ind* challenges in certain capital cases. Passed February 
fifteenth in the year one thousand seven hundred and ninety 
six. An act directing that pews and rights in houses of pub- 
lic worship shall be considered as real estate, and for regis- 
tering the same. Passed February twenty third in the year 
one thousand seven hundred and ninety six. An act for reg- 
ulating elections. Passed February twenty fourth in the year 
one thousand seven hundred and ninety six. An act direct- 
ing proceedings in actions of debt on judgments. Passed 
February twenty sixth in the year one thousand seven hun- 
dred and ninety six. An act for appointing commissioners 
of sewers, and making provision for the better improvement 
of low lands in certain cases. Passed February twenty sixth 
in the year one thousand seven hundred and ninety six. An 
act to enable Sheriffs, deputy Sheriffs and Constables to re- 
quire aid in the execution of their respective offices in crim- 
inal cases. Passed February twenty-sixth in the year one 
thousand seven hundred and ninety six. An act for recording 
births and deaths by the Clerks of towns and districts. Pas- 



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AXTtB REPEALED. 907 

sed March twenty sixth in the year one thousand seven hun- Ch. 180. 
dred and ninety six. An act to prevent the destruction of ^-^^^^"^^ 
oysters and other shell fish in this Commonwealth. Passed 
February twenty sixth in the year one thousand seven hun- 
dred and ninety six. An act for the support and regulation 
of mills. Passed February twenty seventh in the year one 
thousand seven hundred and ninety six. An act relating to 
actions of ejectment and disclaimer and for preventing strip 
and waste pending such actions. Passed Februaiy twenty 
seventh in the year one thousand seven hundred and ninety 
sax. Ah act to repeal all the existing excise acts, and to 
provide for the expenses of justice in the several counties. 
Passed February twenty seventh in the year one thousand 
seven hundred and ninety six. An act to amend the act 
directing the manner in which inquests of office shall be taken 
to revest real estate in the Commonwealth or to entitle the 
Commonwealth thereto. Passed June eleventh in the year 
one thousand seven hundred and ninety six. An act in furth-* 
er addition to an act, entitled, '^^h act concerning general 
and common fields." Passed June fifteenth in the year one 
thousand seven hundred and ninety six. An* act for regula- [niH)! 
ting ferries. Passed February fourteenth in the year one 
thousand seven hundred and ninety seven. An act for reg- 
ulating drains and common shores. Passed February twen- 
tieth in the year one thousand seven hundred and ninety 
seven. An act in addition to the several acts now in force 
respecting highways. Passed February twenty eighth in the 
year one thousand seven hundred and ninety seven. An act 
to regulate the going at large of sheep and rams and he-goats 
at certain seasons of the year. Passed March seventh in the 
year one thousand seven hundred and ninety seven. An act 
to prevent fraud in fire wood, bark or coal, exposed to sale. 
Passed March seventh in the year one thousand seven hun- 
dred and ninety seven. An act for the amendment of aa 
act, entitled, ^'an act for regulating swine," made and passed 
on the thirteenth day of February, in the year of our Lord 
one thousand seven hundred and eighty nine. Passed March 
seventh in the year one thousand seven hundred and ninety, 
seven. An act for the limitation of actions against SheriiTs 



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908 ACTS RSPEAUD. 

Ch. 180. for the miscooduct and negligence of their deputies. Pas- 
^-^'"'^"^^ sed March eighth in the year one thousand seven hundred and 
ninety seven. An act for keeping watches aqd wards in 
towns, and for preventing disorders in streets and public 
places. Passed March tenth in the year one thousand seven 
hundred and ninety seven. An act for the extinguishment 
of fire and to direct the proceedings thereat. Passed March 
tenth in the year one thousand seven hundred and ninety sev- 
en. An act in addition to an act, entitled, ^^An act provi- 
ding for the due observation of the Lord's day, and repealing 
the several laws heretofore made for that purpose." Passed 
March eleventh in the year one thousand seven hundred 
and ninety seven. An act to prevent the spreading of con- 
tagious sickness. Passed June twenty second in the year 
one thousand seven hundred and ninety seven. An act for 
removing doubts which have arisen in the ^construction of an 
act passed in the year of our Lord one thousand seven hun- 
dred and eighty four, entitled, ^^An act describing the power 
of Justices of the Peace." Passed June twenty second in 
the year one thousand seven hundred and ninety seven. An 
act to exempt the people called Quakers, from paying taxes 
[n9l] . for the support* of public worship. Passed twenty third 
of June in the year one thousand seven hundred and ninety 
seven. An act in addition to an act, entitled, ^^An act di- 
rectii^ the method for laying out highways." Passed Jone 
twenty third in the year one thousand seven hundred and 
ninety seven. An act prescribing the mode of taking deposi- 
tions, and administering oaths and affirmations. Passed Feb- 
ruary third in the year one thousand seven hundred and nine- 
ty eight. An act relating to suits against defendants out of 
the State also to giving notice to defendants sued. Passed 
February seventeenth in the year one thousand seven hundred 
and ninety eight. An act in addition to an act, entitled, ^^An 
act for suppressing rogues, vagabonds, common beggars and 
other idle, disorderly and lewd persons." Passed February 
twenty seventh in the year one thousand seven hundred and 
ninety eight. An act in addition to an act, entitled, ^^An 
« act to enable creditors to receive their just demands, out of 
the goods, efiects and credits of their debtors when the same 



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ACTS REPEALEI>. 909 

caonot be attached by the ordinary process of law." Pas* Ch. 180. 
sed June sixteenth in the year one thousand seven hundred ^^"v-^/ 
and ninety eight. An act more effectually to prevent the 
pernicious practice of gaming. Passed June twenty seventh 
in the year one thousand seven hundred and ninety eight. 
An act in addition to the several laws regulating elections. 
Passed June twenty ninth in the year one thousand seven 
hundred and ninety eight. An act to prevent profane cur- 
sing and swearing. Passed June twenty ninth in the year 
one thousand seven hundred and ninety eight. An act in 
addition to an act made and passed in the year of our Lord 
one thousand seven hundred and ninety one, entided, ^^An 
act directing the manner in which inquests of office shall be 
taken to revest real estate in the Commonwealth or to entitle 
the Commonwealth thereto. Passed February sixth in the 
year one thousand seven hundred and ninety nine. An act 
in addition to an act, entitled, ^^An act to prevent damage 
by mischievous dogs," passed February twenty fifth one 
thousand seven hundred and ninety two. Passed February 
nineteenth in the year one thousand seven hundred and nine- 
ty nine. An act enabling proprietors of aqueducts to man^ 
age the same. Passed February* twenty first in the year one [*792j 
thousand seven hundred and ninety nine. An act providing 
for the safe keeping the records of the several Notaries 
Public in this Commonwealth. Passed February twenty 
sixth in the year one thousand seven hundred and ninety nine. 
An act specifying the evidence to accompany accounts exhib- 
ited for the support of the poor of the Commonwealth. Pas- 
sed February twenty sixth in the year one thousand seven 
hundred and ninety nine. An act in addition to an act, en- 
titled, ^^An act for giving remedies in equity." Passed March 
first in the year one thousand seven hundred and ninety nme* 
An act authorizing the Courts of General Sessions of the 
Peace to liberate poor convicts from prison, and to dispose 
of them in service, for payment of costs of prosecution. 
Passed June eighteenth in the year one thousand seven hun- 
dred and ninety nine. An act to explain an act, entitled ^^An 
act against hawkers, pedlars and petty chapmen^" Passed 
June twenty first in the year one thousand seven hundred and 



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910 ACTS REPEALED. 

Ch. 1 80. ninety nine. An act entitled, ^^An act to prevent fraud in fire 
^-^""^"^-^ wood, bark or coal exposed to sale," made and passed March 
seventh one thousand seven hundred and ninety seven. Pas- 
sed June twenty second in the year one thousand seven hun- 
dred and ninety nine. An act to regulate the weighing of beef 
and pork. Passed June twenty second in the year one thous- 
and seven hundred and ninety nine. An act to restrain unin- 
corporated banking associations and to prevent the issuing small 
bank notes. Passed June twenty second in the year one 
thousand seven hundred and ninety nine. An act in addi- 
tion to an act, entitled, *^ An act for enforcing the speedy 
payment of rates, and directing the process against deficient 
Constables and Collectors." Passed February twenty fifth 
in the year one thousand eight hundred. An act giving 
remedy in law against executors and administrators of de- 
ceased debtors, ip joint contracts. Passed February twenty 
sixth in the year one thoui^and eight hundred. An act in 
addition to an act, entitled, *' An act to prevent the spread- 
ing of contagious sickness." Passed February twenty sixth 
in the year one thousand eight hundred. An act for the 
due regulation of weights and measures. Passed February 
twenty sixth in the year one thousand eight hundred. An 
[*793] ^^^^ empowering towns to restrain cattle from running at 
large within their several limits. Passed February twenty 
sixth in the year one thousand eight hundred. An act to en- 
courage the manufacture of leather, boots, half boots, shoes, 
pumps, sandals, slippers and golo shoes, and to prevent fraud 
therein. Passed February twenty sixth in the year one thou- 
sand eight hundred. An act to regulate, the manufacture of 
nails within this Commonwealth, and to repeal all laws here- 
tofore made for that purpose. Passed February twenty 
eighth in the year one thousand eight hundred. An act in 
addition to an act, entitled, " An act to provide for the in- 
struction of youth, and for the promotion of good education." 
Passed February twenty eighth in the ytear one thousand 
eight hundred. An act to regulate the inspection of beef in- 
tended to be exported from this Commonwealth. Passed 
March fourth in the year one thousand eight hundred. An 
act in addition to an act, entitled «'An act to prevent common 



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ACTS REPEALED. 911 

nuisances.*^ Passed March fourth id the year one thousand Ch. 180. 
eight hundred. An act in addition to an act, entitled, "an ^--'"^'^^^ 
act for the support and regulation of mills." Passed March 
fourth in the year one thousand eight hundred. An act to 
empower Assessors in certain cases to renew warrants to 
Constables and Collectors. Passed March fourth in the year 
one thousand eight hundred. An act to ascertain the quality 
of butter, and for the more efiectual inspection of the same. 
Passed March fourth in the year one thousand eight hundred. 
An act providing for the public worship of God, and other 
purposes therein mentioned, and for repealing the laws here- 
tofore made relating to this subject. Passed March fourth in 
the year one thousand eight hupdred. An act to ascertain 
the quality of hogs lard and making further provision for the 
inspection of butter. Passed June seventeenth in the year 
one thousand eight hundred. An act to authorize the use of 
the vibrating steelyard. Passed June seventeenth in the 
year one thousand eight hundred. An act in addition to an 
act, entitled, "an act ibr the support and regulation of mills." 
Passed February twenty eighth in the year one thousand 
seven hundred and ninety eight. An act in addition to an act, 
entitled, "an act for the due regulation of weights and meas- 
ures."* Passed February twenty sixth in the year one thou- [♦T94J 
sand eight hundred and one. An act for the suppression of 
lotteries not authorized by law, and to prevent the sale of any 
tickets in such lotteries. Passed February twenty eighth in 
the year one thousand eight hundred and one. An ^ct in fur- 
ther addition to an act, entitled, "an act to ascertain the 
quality of butter, and for the more effectual inspection of the 
same," and to the act entitled, "an act to ascertain the quality 
of hogs lard, and making further provision for the inspection 
of butter." Passed March third in the year one thousand 
eight hundred and one. An act in addition to the several 
acts for regulating elections. Passed March seventh in the 
year one thousand eight hundred and one. An act respect- 
ing boats and lighters employed in transporting stones, gravel 
or sand, within this Commonwealth. Passed March seventh 
in the year one thousand eight hundred and one. An act for 
regulating the manufacture and sale of bread. Passed March 
Vol. II. 47 



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912 ACTS REPEALED. 

Ch. 180. seventh in the year one thousand eight hundred and one. 
'-^'"^^"'*-^ An act in addition to an act, entitled, *'an act to secure to 
owners their property in logs, masts, spars and other timber, 
ifi certain cases. Passed June sixteenth in the year one thou- 
sand eight hundred and one. An act providing for the appoint- 
ment of agents for demanding and receiving fugitives from 
justice, and for defraying the expense of transporting them 
from other States in the Union to this Commonwealth. 
Passed June the eighteenth in the year one thousand eight 
huncjred and one. An act directing the proceedings for the 
speedy removal of nuisances. Passed June nineteenth in 
the year one thousand eight hundred and one. An act in 
addition to an act, entitled, **an act to regulate the inspec- 
tion of beef, intended to be exported from this Common- 
wealth. Passed June nineteenth in the year one thousand 
eight hundred and one. An act more effectually to secure 
fire engines from being injured. Passed February eighth 
in the year one thousand eight hundred and two. An act 
for carrying into execution, more effectually the bye-laws 
of the several towns within this Commonwealth. Passed 
March third in the year one thousand eight hundred and 
two. An act to authorize the Governor in certain cases to 
[*795] offer* a reward for the apprehending and securing persons 
escaping from prison, and for other purposes. Passed March 
eighth in the year one thousand eight hundred and two. An 
act to regulate the inspection of pork intended to be export- 
ed from this Commonwealth. Passed March eleventh in the 
year one thousand eight hundred and two. An act in addi- 
tion to an act enabling proprietors of private ways arid bridg- 
es to repair them in equal proportions. Passed March elm'- 
enth in the year one thousand eight hundred and two. An 
act for preserving and authenticating the records of Justices 
in certain cases. Passed March eleventh in the year one 
thousand eight hundred and two. An act in addition to an 
act, entitled, " An act authorizing the Courts of General Ses- 
sions of the Peace to liberate poor convicts from prison, and 
to dispose of them in service for payment of costs of prose- 
cution." Passed June fourth in the year one thousand eight 
hundred and two. An act in addition to an act, pasised in the 



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ACTS REPEALED. 913 

year of our Lord eighteep huqdred, entitled, *' Ad act in ad- Ch. 180. 
dition to an s^ct to provide for the instruction of youth and ^-^"^^""^^ 
the promotion of good education." Passed June twenty third 
if} the year one thousand eight hundred and two. An act in 
addition to an apty entitled, '' ^n act in addition to an act, 
passed the nineteenth of Juqc one thousand eight hundred 
and one, to regulate the inspection of beef intended to be ex- 
ported from this Coniraon wealth." Passed June twenty 
third in the year one thousand eight hundred and two. An 
act in further addition to an act, entitled, ^^ An act for sup- 
porting and punishing rogues, vagabonds, common beggars 
and other idle, disorderly and lewd persons." Passed June 
twenty third in the year one thousand eight hundred and two. 
An act in addition to an act, entitled, '' An act directing the 
mode of transferring real estates by deed, and for preventing 
frauds therein." Passed June twenty third in the year one 
thousand eight hundred and two. An act in addition to and 
for the amendment of an act, entitled, " An act to regulate 
the manufacture of nails within this Commonwealth," passed 
the twenty eighth day of February one thousand eight hun- 
dred. Passed March fourth in the year one thousand eight 
hundred and three. An act in addition to an act, entitled, 
" An* act In addition to several acts for regulating elections," [nw] 
and for repealing the first section of said act. Passed March 
seventh in the year one thousand eight hundred and three. 
An act in addition to an act, entitled, '' An act to exempt the 
people called Quakers from paying taxes for the support of 
public worship^" passed the twenty third day of June, in the 
year of our Lord one thousand seven hundred and ninety sev- 
en. Passed March eighth one thousand eight hundred and 
three. An act to prevent tlie wilful destruction and casting 
away of ships and cargoes. Passed March eighth in the year 
one thousand eight hundred and three. An act in addition 
to, and amendment of an act, entitled, *' An act directing the 
method of laying out highways." Passed March eighth in 
the year onie thousand eight hundred and three. An act to 
regulate the manufacture of chocolate, in this Common- 
wealth, to prevent deception in the quality and exporta- 
tion thereof, and to repeal a law for ,that purpose, passed 



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dl4 ACTS REPEALED. 

Ch ISO. March the eighth one thousand eight hundred and three. 
^-^^^^'^^ Passed June twenty second, in the year one thousand eiglit 
hundred and three. An act respecting conditional pardons. 
Passed March sixth in the year one thousand eight hundred 
and four. An act in addition to an act, entitled, **An act reg- 
ulating bail in civil actions.*' Passed March seventh in the 
year one thousand eight hundred and four. An act regulating 
the taking of mackerel and to prevent the destruction of the 
same. Passed March eighth in the year one thousand eight 
hundred and four. An act in addition to an act, entitled, 
*' An act for the due regulation of weights and measures." 
Passed March ninth in the year one thousand eight hundred 
and four. An act in addition to an act, entitled, "An act to 
empower towns to restrain cattle from running at large within 
their several limits." Passed November twenty first in the 
year one thousand eight hundred and four. An act to res- 
train the issuing of printed promissory notes of certain denom- 
inations, and for other purposes. Passed February eigh- 
teenth in the year one thousand eight hundred and five. An 
act in addition to an act, entitled, " An act providing a more 
easy and simple method than is now in use of barring estates 
tail in lands and for making the same liable to the payment of 
[♦797] the* debts of the tenant in tail." Passed February eigh- 
teenth in the year one thousand eight hundred and five. An 
act to provide for the proof of fire arms manufactured within 
this Commonwealth. Passed March eighth in the year one 
thousand eight hundred and five. An act directing the mode 
of attaching on mesne process, and selling by execution 
shares of debtors in incorporated companies. Passed March 
eighth in the year one thousand eight hundred and five. An 
act in addition to an act, entitled, '* An act to secure to own- 
ers their property in logs, masts, spars and other timber in 
certain cases." Passed March fourteenth in the year one 
thousand eight hundred and five. An act providing for the 
regular discharge of mortgages made to the Commonwealth. 
Passed March fifteenth in the year one thousand eight hun- 
dred and five. An act in addition to an act, entitled, "An 
act, in addition to an act, entitled, an act, in addition to the 
several acts for regulating elections, and for repealing the 



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acpb repealed. 915 

first section of s&id act." Passed Mareb fifteenth in the Ch. 180. 
year one thousand eight hundred and five. An act against ^.^^^-w/ 
forgery and counterfeiting. Passed March fifteenth in the 
year one thousand eight hundred and five. An act provide 
ing for the punishment of the crimes of mnrder and man- 
slaughter, felonious maims and assaults, and duelling, and for 
the prevention thereof. Passed March fifteenth in the year 
one thousand eight hundred and five. An act in addition to an 
act to regulate the inspection and exportation of pork, pass- 
ed March the eleventh, one thousand eight hundred and 
two, and to repeal a part of the same. Passed March fif- 
teenth in the year one thousand eight hundred and five. An 
act defining the general powers and duties of turnpike cor- 
porations. Passed March sixteenth in the year one thousand 
eight hundred and five. An act providing for the punish* 
merit of incendiaries, and the perpetrators of other malicious 
mischiefs. Passed March sixteenth in the year one thou- 
sand eight hundred and five. An act against sodomy and 
bestiality; Passed March sixteenth in the year one thoo^ 
sand eight hundred and five. An act to prevent the circu- 
lation of private notes, bills, orders and -checks under five 
dollars. Passed March sixteenth in the year one thousand 
eight* hundred and five. An act providing for the punish- [•798] 
ment of the crimes of robbery and other larcenies, and for 
the prevention thereof. Passed March sixteenth in the year 
one thousand eight hundred and five. An act for limiting th6 
limes within which writs of error shall be brought for the 
reversion of any judgments. Passed February fifteenth in 
the year one thousand eight hundred and six. An act pre- 
scribing the manner of proving private Acts, and Resolves of 
this Commonwealth in Courts of Law. Passed February 
fifteenth m the year one thousand eight hundred and six. 
An act to prevent damagij from firing crackers, squibs, ser^ 
pents and rockets, within this Commonwealth. Passed 
March fourth in the year one thousand eight hundred and 
six. An act in addition to an act, entitled, <^n act regula- 
ting marriage and divorce.*' Parsed March seventh in the 
year one thousand eight hundred and six. An act to increase 
the fees of Gtand and Petit Jurors anfd witnesses ii^ criminal 



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916 ACTS REPEALED, 

Ch. 180« cases. Passed March seventb in the y^ar one tbpusaad eight 
"•-^^'"^ huodred and six. An act hj addiuoo to an act, entitL^d "an 
act authorizing the Courts of General Sessions of the Peace 
to liberate poor convicts from prisiOi^> and dispose of them in 
service for payment of costs of prosecution." Passed 
March seventh in the year one thousand eight hundred and 
six. An act to enable the proprietors of Social Libraries 
to manage the same. Passed March eighth in the year one 
thousand eight hundred and six. Aq ^^ct in addition to an 
act entitled "an act empowering the selectmen of such towns 
where there may be fire engines, to appoint engine men, and 
repealing the laws heretofore made for that purpose." Pass- 
ed March eighth in the year one thousand eight hundred and 
$ix* An act regulating the descent and distribution of Intes- 
tate estates- . Passed March twelfth in the year one thousand 
eight hundred and six. An act providing for the punishment 
of the crime of rape, and for the prevention thereof. Pass- 
ed March thirteenth in the year one thousand eight hundred 
and six. An act for preventing public stage plays, interludes 
and other theatrical entertainments, in certain cases. Passed 
March thirteenth in the year one thousand eight hundred and 
[♦799] six- An act to exempt certain goods and chattels* of debt- 
ors from attacbmeot and execution. Passed March thir- 
teenth in the. year one thousand eight hundred and {six. An 
act for regulating the proceedings of suits upon Sheriff's 
bonds, for the use of any person or persons who are or may 
be entitled to the beoefit of the same.. Passed March thir- 
teenth in the year one thousand eight hupdred and six. An 
act .providing for the punishment of the crimes of burglary 
and other breaking and entering of buildings. Passed March 
thirteenth in the year one thousand eight hundred and six. 
An act to provide for the inspectipa of hops for exporta- 
tion. Passed June twenty fourth, in the year one thousand 
leight hundred and sjx. An act in addition to the several acts 
regulatii^g elections. Passed June twenty fourth in the year 
one thousand eight hundred and six. An act in addition to 
an act entitled, ."an act describing the duty and power of 
Coroners^" and for repealing an act passed the ;|pventh day 
of March eighteen hundred and six. Parsed February sixth 



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ACTS REPEALED. 91 1 

in the year one thousand eight hundred and seven. An act Ch. 180. 
fn addition to an act, entitled, ''an act to enable the proprie- ^«-^^>^^*^ 
tors of Social Libraries to manage the same.'* Passed Feb- 
ruary twenty fourth in the year one thousand eight hundred 
and seven. An act enlarging the powers and duties of the 
guardians of persons who spend or waste their estates by ex- 
cessive drinking, idleness, gaming or debauchery. Passed 
February twenty eighth in the year one thousand eight hun- 
dred and seven. An act in addition to an act, entitled, ''an 
act to secure to owners their property in logs, masts, spars 
and other timber, in certain casesf." Passed February twenty 
eighth in the year one thousand eight hundred and sevenl 
An act in addition to an act, entitled, "an act establishmg 
Courts of General Sessions of the Peace," passed the third 
day of July in the year of our Lord seventeen hundred and 
eighty two. Passed June nineteenth in the year one thou- 
sand eight hundred and seven. An act respectihg the officer 
and duties of the Attorney General, Solicitor General and 
County Attornies. Passed June twentieth, one thousand 
eight hundred and seven. An act to prevent fraud and de- 
ception in curing and packing smoked aleWives and herrings, 
and to regulate the size and quality*" of the boxes, and the [•800] 
exportation thereof from the Commonwealth. Passed Feb- 
ruary ninth in the year one thousand eight hundred and eight. 
An act to explain and amend the laws respecting Courts of 
General Sessions of the Peace. Passed February twenty 
third in the year one thousand eight hundred and eight. An 
act in addition to an act, entitled, "an act defining the gen- 
eral powers and duties of turnpike corporations." Passed 
March ninth in the year one thousand eight hundred and eight. 
An act in addition to an act, entitled, "an act describing 
the power of Justices of the Peace in civil actions," passed 
the eleventh day of March seventeen hundred and eighty 
four. Passed March twelfth in the year one thousand eight 
hundred and eight. An act in addition to several acts 
for the due regulation of licensed houses. Passed March 
twelfth in the year one thousand eight hundred and eight. 
An act regulating the selections, the empannelling, and the 
services- of Grand, Traverse, and Petit Jurors, and repeal- 



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918 ACrS REPEALED. 

Cii. 180. bg such laws or clauses of laws touchiog these subjects so 
^-^"v"^-' far as they are provided for by this . a<?t. Passed March 
twelfth ID the year one thousand eight hundred and eight. 
An act to empower the several towns in this Commonwealth 
to excuse such of their inhabitants as are engine men from 
serving as jurors in any Court within this Commonwealth. 
Passed November eleventh in the year one thousand eight 
hundred and eight. An act in addition to an act defining 
the general powers and duties, and regulating the office of 
Sheriff. Passed February twenty fourth in the year one 
thousand eight hundred and nine. An act providing for 
the appointment of inspectors and regulating the manufac- 
tory of gun powder. Passed March first in the year one 
thousand eight hundred and nine. An act authorizing the 
several Courts of Common Pleas in this Commonwealth 
to allow accounts and order payment for services and ex- 
pences incident to said Courts. Passed March first in the 
year one thousand eight hundred and nine. An act defin- 
ing the general powers and duties of manufacturing corpo- 
rations. Passed March third in the year one thousand eight 
hundred and nine. An act in addition to an act direct- 
ing the process of habeas corpus. Passed March fourth 
[«80l] in* the year one thousand eight hundred and nine. An act in 
addition to an act, entitled, " An act for providing and 
regulating of prisons." Passed March fourth in the year of 
our Lord one thousand eight hundred and nine. An act to 
authorize Judges of Probate to remove executors, adminis- 
trators and guardians in pertain cases. Passed March fourth 
in the year one thousand eight hondred and nine. An act 
requiring the several incorporated banks in this^Common- 
wealth to adopt the stereotype steel plate in certain cases, 
and for other purposes. Passed March fourth in the year 
one thousand eight hundred and nine. An act supplementa- 
ry to the act, for providing and regulating of prisons. Pass- 
ed June twentieth in the year one thousand eight hundred 
and nine. An act to enforce the payment of Bank notes. 
Passed June twentieth in the year one thousand eight hun- 
dred and nine. An act to regulate the manufacture and in- 
3pectioQ of stone lime and lime cask's. Passed February 



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ACTS REPEALED. 919 

twenty seventh in the year one thousand eight hundred and Ch. 180. 
ten. An act limiting the time of payment of costs allowed ^-^^v^^ 
in criminal prosecutions, and for other purposes. Passed 
March third in the year one thousand eight hundred and ten. 
An act for regulating, governing and training the Militia of 
this Commonwealth. Passed March sixth in the year one 
thousand eight hundred and ten. An act to diffuse the ben- 
efit of inoculation for the cow pox. Passed March sixth in 
the year one thousand eight hundred and ten. An act in ad- 
dition to an act entitled, '^an act providing for the appoint- 
ment of Inspectors and regulating the manufactory of gun 
powder.*' Passed March sixth in the year one thousand 
eight hundred and ten. An act to prevent fraud and de- 
ception in the packing of pickled fish, and to regulate the 
size and quality of the casks, and the sale and exporta- 
tion thereof within and from this Commonwealth, and to 
repeal all laws heretofore made on this subject. Passed 
March sixth in the year one thousand eight hundred and ten. 
An act in addition to an act, entitled, "an act for the more 
speedy and efi!ectual suppression of tumults and insurrections 
in the Commonwealth." Passed March sixth in the year 
one thousand eight hundred and ten. An act directing the 
place where actions by or against a county may* be com- [•802] 
menced and prosecuted. Passed March sixth in the year 
one thousand eight hundred and ten. An act in further ad- 
dition to an act, entitled, "an act providing for the appoint- 
ment of Inspectors, and tegulating the manufactory of gun 
powder." Passed February twenty fifth in the year one 
thousand eight hundred and eleven. An act granting relief 
to defendants in actions of scire facias, in certain cases. 
Passed February twenty si^th in the year one thousand eight 
hundred and eleven. An act to direct ofiicers in the levy of 
executions. Passed February twenty sixth in the year one 
thousand eight hundred and eleven. An act to provide for 
the location of certain reserved lands. Passed February 
twenty sixth in tlie year one thousand eight hundred and 
eleven. An act in addition to an act, entitled, "an act for 
providing and regulating of prisons. " Passed February twenty 
eighth in the year one thousand eight hundred and eleven. 
Vol. fi. 48 



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920 ACTS REPEALED. 

Ch. 180. An act further reguIatiDg divorces. Passed February twenty 
^"^'^^^^^ eighth in the year one thousand eight hundred and eleren. 
An act for the relief of persons who are scrupulous about 
taking oaths. Passed February twenty eighth in the year 
one thousand eight hundred and eleven. An act in addition 
to an act, entitled, ''An act to regulate the manufacture and 
inspection of stone lime and lime casks, passed the twenty 
seventh day of February in the year of our Lord one thou- 
sand eight hundred and ten." Passed February twenty 
eighth in the year one thousand eight hundred and eleven. 
An act to enforce the satisfaction and payment of executions 
and warrants of distress, against certain corporations. Pass- 
ed February twenty eighth in the year one thousand eight 
hundred and eleven. An act respecting public worship and 
religious freedom. Passed June eighteenth in the year one 
thousand eight hundred and eleven. An act providing for 
the appointment of Clerks of the Courts in the several coun- 
ties, and for the safe keeping of the Judicial records and 
files, and for other purposes. Passed June eighteenth in the 
year one thousand eight hundred and eleven. An act regu* 
lating the choice of town officers and town meetings. Pass- 
ed June eighteenth in the year one thousand eight hundred 
and eleven. An act supplementary to the acts respecting 
[*803] school districts.^ Passed June twenty first in the year one 
tljousand eight hundred and eleven. An act to prohibit cer- 
tain officers of Courts from buying promissory notes and other 
demands for the purpose of making a gain or profit in the 
collection thereof. Passed June twenty fourth in the year 
one thousand eight hundred and eleven. An act to direct 
the time and manner of exhibiting the accounts of County 
Treasurers, and the estimates for county taxes. Passed 
June twenty fifth in the year one thousand eight hundred and 
eleven. An act directing the manner of conveyance to be 
used by counties in purchasing and disposing of lands. Pass- 
ed June twenty fifth in the year one thousand eight hundred 
and eleven. An act to regulate prisons within this Common- 
wealth. Passed June twenty seventh in the year one thou- 
sand eight hundred and eleven. An act defining the duties 
of Sheriffs, Coroners and Constables in certain cases. Passed 



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ACTS REPEALED. . 921 

February thirteenth in the year one thousand eight hundred Ch. 180. 
and twelve. An act subjecting the real estate of banking ^-^^^^^^-^ 
corporations to be taken in execution and sold at public auc- 
tion, for the payment of their debts. Passed February thir- 
teenth in the year one thousand eight hundred and twelve. 
An act providing for the safe keeping of the records in the 
offices of Register of Deeds and of the Register of Probate, 
in the several counties within this Commonwealth. Passed 
February twenty ninth in the year one thousand eight hundred 
and twelve. An act in addition to an act, entitled, '^An act 
to regulate prisons within this Commonwealth." ^Passed 
February twenty ninth in the year one thousand eight hundred 
and twelve. An act appropriating certain fines for the re- 
pairing of highways and bridges. Passed February twenty 
ninth in the year one thousand eight hundred and twelve. 
An act supplementary to the act respecting the evidence of 
notice by administrators and others, of the sale of real estate. 
Passed June twenty second in the year one thousand eight 
hundred and twelve. An act respecting bailable offences. 
Passed June twenty second in the year one ^thousand eight 
hundred and twelve. An act imposing a tax on the banks 
within this Commonweahh. Passed June twenty third in 
the year one thousand eight hundred and twelve. An act 
in^ addition to an act, entitled, ''an act to repeal all the ex- [*804] 
isting excise acts, and to provide for the expenses of Justice 
in the several counties." Passed February sixteenth in the 
year one thousand eight hundred and thirteen. An act in ad- 
dition to an act, entitled, ''an act for the speedy assignment 
of dower, and for the preventing of strip and waste of ten- 
ants therein." Passed February twenty third in the year one 
thousand eight hundred and thirteen. An act in further ad- 
dition to an act, entitled, "an act directing the method for 
laying out highways." Passed February twenty seventh in the 
year one thousand eight hundred and thirteen. An act in 
addition to an act, entitled, "an act for regulating, governing 
and training the Militia of this Commonwealth. Passed Feb- 
ruary twenty seventh in the year one thousand eight hundred 
and thirteen. An act authorizing certain punishments in cases 
therein mentioned. Passed February twenty seventh in the 



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922 ACTS REPEALED. 

Ch. ]80. year one thousand eight hundred and thirteen. An act di- 
^"^'^^^^^ reeling the mode and time of making returns of the several 
incorporated Banks in this Commonwealth to his Excellen- 
cy the Governor and the honorable Council. Passed Feb- 
ruary twenty seventh in the year one thousand eight hundred 
and thirteen. An act in addition to and for repealing the first 
section of an act, entitled, ^'an act regulating the selection, 
the empannelling and the services of Grand, Traverse and 
Petit Jurors, and repealing all laws, or clauses of laws, 
touching these subjects, so far as they are provided for by this 
act. " Passed February twenty seventh in the year one thou- 
sand eight hundred and thirteen. An act against perjury, and 
subornation of perjury. Passed February twenty seventh 
In the year one thousand eight hundred and eighteen [thir- 
teen.] An act in addition to an act, entitled, ^^anactto pre- 
vent damage by mischievous dogs." Passed February twenty 
seventh in the year one thousand eight hundred and thir- 
teen. An act in addition to, and explanation of an act, en- 
titled, ^^anact establishing and regulating the fees of the sev- 
eral officers, and other persons hereafter mentioned, and for 
repealing the laws heretofore made for that purpose. " Passed 
June tenth in the year one thousand eight hundred and thir- 
teen. An act in addition to an act entitled, ^^an act subject- 
[*805] >°g* (be r^^ estates of banking corporations to be taken and 
sold at public auction for the payment of their debts." Pass- 
ed June twelfth in the year one thousand eight hundred and 
thirteen. An act regulating the sale of Indian and rye meal. 
Passed June sixteenth in the year one thousand eight hun- 
dred and thirteen. An act more effectually to secure the 
rights of suffrage. Passed June sixteenth in the year one 
thousand eight hundred and thirteen. An act declaring the 
true*intent and meaning of an act, entitled, ^^ An act to pro- 
vide for the safe keeping all prisoners committed under the 
authority of the United States in the several gaols within this 
Commonwealth." Passed February seventh in the year one 
thousand eight hundred and fourteen. An act in further ad- 
dition to an act, entitled, "An act defining the general pow- 
er and duty of turnpike corporations." Passed February 
twenty fourth in the year one thousand eight hundred and 



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ACTS REPEALED. 923 

fourteen. An act in addition to an act, entitled, ^^ An act Ch. 180. 
exempting certain goods and chattels of debtors from attach- ^-^"•^^^^-^ 
ment and execution." Passed February twenty sixth in the 
year one thousand" eight hundred and fourteen. An act con- 
cerning suits in behalf of the Commonwealth. Passed Feb- 
ruary twenty eighth in the year one thousand eight hundred 
and fourteen. An act in addition to an act, entitled, ^^An 
act, in addition to an act defining the general powers and du- 
ties, and regulating the ofSce of Sheriff, and for extending 
the provisions thereof to Coroners. " Passed February twen- 
ty eighth in the year one thousand eight hundred and four- 
teen. An act in addition to an act, entitled, ^^ An act im- 
posing a tax on the Banks within this Commonwealth." 
Passed February twenty eighth in the year one thousand 
eight hundred and fouiteen. An act in addition to an act, 
entitled, " An act to provide for the proof of fire arras, man- 
ufactured within this Commonwealth." Passed February 
twenty eighth in tlie year one thousand eight hundred and 
fourteen. An act to prevent frauds in elections. Passed 
February twenty eighth in the year one thousand eight hun- 
dred and fourteen. An act in addition to an act to regulate 
the sale of goods at public vendue. Passed June fourteenth 
in the year one thousand eight hundred and fourteen. An 
act in addition to the several* acts imposing a tax on Banks. [•80G] 
Passed June fourteenth in the year one thousand eight hun- 
dred and fourteen. An act in further addition to an act, 
entitled, ^^ An act for regulating, governing and training the 
Militia of this Commonwealth." Passed October seven- 
teenth in the year one thousand eight hundred and fourteen. 
An act to esUiblish the pay and rations of the Militia while in 
actual service, and the allowance to be made to them for 
arms, equipments, and clothing when furnished by them- 
selves. Passed October eighteenth in the year one thousand 
eight hundred and fourteen. An act in addition to the sev- 
eral acts authorizing the sale of real estates by executors, ad- 
ministrators and guardians. Passed October nineteenth in 
the year one thousand eight hundred and fourteen. An act 
to authorize the appointment of surgeons in certain cases. 
Passed October nineteenth in the year one thousand eight 



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924 ACTS REPEALED. 

Ch. 180. hundred and fourteen. An act in addition to an act, enti- 
^-^"^^"^ tied, " An act for regulating, governing and training the Mi- 
litia of this Commonwealth." Passed February eighteenth in 
the year one thousand eight hundred and fifteen. An act to 
protect minors, and to secure the rights of parents, guardians 
and masters. Passed February twenty seventh in the year 
one thousand eight hundred and fifteen. An act in addition 
to the several acts, regulating the building and repairing of 
school houses. Passed February twenty eighth in the year 
one thousand eight hundred and fifteen. An act to regulate 
the custody of shipwrecked goods, and to preserve them for 
their owners. Passed March second in the year one thou- 
sand eight hundred and fifteen. An act in further addition 
to an act, entitled, '^ An act for the support and regulation of 
mills." Passed March second in the year one thousand 
eight hundred and fifteen. An act to protect the sepulchres 
of the dead. Passed March second in the year one thousand 
eight hundred and fifteen. An act in addition to the several 
acts defining the general powers and duties of turnpike cor- 
porations. Passed March second in the year one thousand 
eight hundred and fifteen. An act authorizing the establish- 
ment of law libraries. Passed March second in the year one 
thousand eight hundred and fifteen. An act providing com- 
[^SOT] pensation to Militia officers, in certain cases.* Passed 
March second in the year one thousand eight hundred and 
fifteen. An act in addition to an act, entitled, ^^ An act res- 
pecting lost goods and stray beasts." Passed June thirteenth 
in the year one thousand eight hundred and fifteen. An act 
in addition to the several acts now in force to regulate the 
inspection of beef and pork to be exported. Passed June 
fourteenth in the year one thousand eight hundred and fifteen. 
An act in addition to an act, entitled, " An act respecting 
boats and lighters employed in transporting stones, gravel or 
sand within this Commonwealth." Passed June fifteenth in 
the year one thousand eight hundred and fifteen. An act in 
addition to an act, entitled, ^^ An act to regulate the sale of 
goods at public vendue, and to repeal all laws heretofore 
made for that purpose." Passed June fifteenth in the year 
one thousand eight hundred and fifteen. An act requiring 



4 

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ACVS llEPEALEO. 925 

certain public inspectors to make annual returns. Passed Ch. 180. 
January twentieth in the year one thousand eight hundred and ^-^^^^^ 
sixteen. An act to regulate the practice of law in certain 
cases. Passed February first in the year one thousand eight 
hundred and sixteen. An act in further addition to an act, en- 
titled, ^^ An act to secure to owners their property in logs, 
masts, spars, and other timber in certain cases." Passed 
February second in the year one thousand eight hundred and 
sixteen. An act to regulate the quality of paper for books 
of public records. Passed February ninth in the year one 
thousand eight hundred and sixteen. An act in addition to 
an act, entitled, ^^ An act for the punishment of rape and for 
the prevention of the same." Passed February tenth in the 
year one thousand eight hundred and sixteen. An act in ad- 
dition to an act, entitled, ^^ An act to regulate the weight of 
beef and pork." Passed February thirteenth in the year one 
thousand eight hundred and sixteen. An act in addition to 
the several acts now in force to regulate the inspection of 
butter and lard to be exported. Passed February fifteenth 
in the year one thousand eight hundred and sixteen. An 
act to alter the number of members composing division 
courts martial. Passed February fifteenth in the year one 
thousand eight hundred and sixteen. And act in addition to 
the several laws now in force providing for the collection of 
taxes.* Passed February fifteenth in the year one thousand t^08] 
eight hundred and sixteen. An act enforcing the right of 
this Commonwealth to loans from the Banks within the same. 
Passed February sixteenth in the year one thousand eight 
hundred and sixteen. An act relative to the timber lodged 
on lands adjoining the Saco river, ancf the waters connected 
with the same. Passed February sixteenth in the year one 
thousand eight himdred and sixteen. An act in addition to 
an act, entitled, '^an act in addition to an act, entitled an 
act providing for the due observation of the Lord's day, and 
repealing the several laws heretofore made for that pur- 
pose." Passed February sixteenth in the year one thousand 
eight hundred and sixteen. An act for the suppression and 
punishment of cheats. Passed February sixteenth in the 
year one^ thousand eight hundred and sixteen. An act in 



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926 ACTS REPEALED. 

Ch. 180. addition to the several acts for giving remedies in equity. 
^-^"^^"^ Passed February sixteenth in the year one thousand eight 
hundred and sixteen. An act to enforce the rendition of 
an account of fees of office. Passed June fifteenth in the 
year one thousand eight hundred and sixteen