measures; and that the several Acts, the subject-matter whereof is herein contained, and which were passed previous to the year one thousand seven hundred and eighty-one, be and the same hereby are repealed, and shall cease to operate on, and after that day, except so far as may respect any fines or forfeitures which have been, or before that day may be incurred under the same. Laws repealed. SECT. 10. Provided however, and be it further enacted, That Proviso. the first, second and third sections of this Act shall be considered as operating and having force and effect, from the passing hereof; and that that part of the eighth section of this Act, which respects forfeitures and penalties, shall not operate or have effect until the first day of June, in the year one thousand eight hundred and one; and that such parts of the several Acts aforesaid, hereby to be repealed, as relate to the subject-matter of the eighth section of this Act, shall continue in force to the same first day of June, and until the recovery of such fines, forfeitures, and penalties as may be incurred under the same previous to that day; any thing herein before contained to the contrary notwithstanding. [Feb. 26, 1800.] Add. acts-1800 ch. 54: 1803 ch. 141: 1817 ch. 50. An ACT empowering Towns to restrain Cattle from running at large within their Chap. 61. several Limits. BE it enacted by the Senate and House of Representatives, not go at large. in General Court assembled, and by the authority of the same, That Towns may the inhabitants of any town wihin this Commonwealth may, at order that catany town meeting legally holden for that purpose, order and te, &c. shall direct that neat cattle, horses or horse-kind, mules or asses shall not go at large, within the limits of such town, without a keeper, under a penalty therefor of twenty-five cents* for each [*Fifty-cents-beast at any one time so found at large; which penalties may 1817 ch. 143.] be recovered, with costs, by any inhabitant of such town, to his own use, by impounding such beast, and proceeding therewith. in manner as is provided in cases of cattle found damage feasant. [Feb. 26, 1800.] Add. acts-1804 ch. 44: 1817 ch. 143. An ACT to incorporate a number of the inhabitants of the Towns of Ashfield and Chap. 62. Buckland, in the County of Hampshire, into a religious Society by the name of The United Baptist Church and Society in Ashfield and Buckland. [Feb. 26, 1800.] An ACT to encourage the Manufacture of Leather, Boots, Half-Boots, Shoes, Chap. 63. Pumps, Sandals, Slippers and Goloshoes, and to prevent Fraud therein. stamp. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the first day of June next, each Manufacturers manufacturer of leather, or of boots, half-boots, shoes, pumps, authorized to sandals, slippers or goloshoes, shall have the exclusive right of stamping said articles, by him or her manufactured, with the initial letter of his or her christian name, and his or her surname at large, and the name of the town or place of his or her abode; and such stamping shall be considered as a warranty that the article stamped is merchantable, being made of good materials and well manufactured. Not merchantable unless stamped. Penalty for fraudulently stamping. Former laws repealed. SECT. 2. Be it further enacted, That none of the aforementioned articles shall be considered as merchantable, unless stamped as aforesaid. any SECT. 3. Be it further enacted, That any person who shall fraudulently stamp, or aid and abet in fraudulently stamping, either of the articles aforesaid, with the name or stamp of other person, on due conviction thereof, shall be punished as guilty of a fraud, either by fine, not exceeding one hundred dollars, or by imprisonment, not exceeding six months, or by both those punishments, at the discretion of the court having cognizance thereof. SECT. 4. Be it further enacted, That an Act passed A. D. one thousand six hundred and ninety-eight, entitled, "An Act 10 W. III. ch.2. for the regulating tanners, curriers, and cordwainers," and also all laws heretofore made, respecting the manufacture of leather, be and they hereby are repealed, except that they shall remain in force, so far as may be necessary to complete the collection of all fines and forfeitures, for the recovery of which a prosecution has already been commenced. [Feb. 27, 1800.] Chap. 64. Inspector to be appointed. An ACT to regulate the Manufacture of Nails within this Commonwealth, and to repeal all Laws heretofore made for that purpose. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Governor, by and with the advice and consent of the Council, be and he hereby is empowered to appoint, in the town of Boston, one suitable person, to be inspector of nails, whose duty it shall be to examine every cask of wrought nails which shall be brought to him for inspection, by opening such Manner of in- cask, turning out the nails contained therein, weighing them, and ascertaining the number of them 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 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, [A third sort second sort, or refuse; and shall also thereupon stamp his --1302 ch.103.] name at large, and the title of his office. specting and branding. Rule for determining the sort. 1802 ch. 103. Deputies to be appointed. SECT. 2. Be it further enacted, That this Act shall not constrain the inspector to mark or brand the head of any cask containing any nails, thirty-five whereof shall weigh more than one pound; but beginning at thirty-five, it shall be his 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. 3. Be it further enacted, That the inspector to be appointed as aforesaid, be and hereby is authorized to appoint, within any town in this Commonwealth from which nails are usually exported, a deputy or deputies, who are hereby authorized and empowered, to do and perform all the duties incum bent on the said inspector by law, in their respective towns; and the said inspector and his deputies shall severally give bonds to the Commonwealth, with sufficient sureties, in the opinion of the Governor and Council, and in such sum as they may direct, and shall also be under oath, for the faithful dis- To be under charge of the duties of their office, previous to their entering oath. on the duties thereof, and the bonds so given shall be lodged in the public treasury. exported. SECT. 4. Be it further enacted, That from and after the No uninspectfirst day of September next, no person shall export from this ed nails to be Commonwealth, by land or water, any cask, package or quantity of nails which shall not be inspected, marked and branded as aforesaid, as of the first or second sort, upon pain of forfeit- Penalty. ing a sum equal to the value of each cask, package or quantity so exported, to be sued for and recovered by action of debt, How recover in any court proper to try the same; one half to the use of ed. the prosecutor, and the other half to the use of the poor of such Appropriation. town from whence they may be exported: And the like penalty may be in like manner and to like uses prosecuted for, against, and recovered of, any master of any vessel which shall receive on board for exportation, or any waggoner who shall export as aforesaid any such nails not inspected, marked and branded as aforesaid. SECT. 5. Be it further enacted, That it shall be the duty Casks to be of said inspector and his deputies respectively, to see that well made. every cask containing such nails, shall be well made, of sufficient strength, and well lined at both heads; the cask to be secured with eight or more good hoops, and to contain not more than three hundred and fifty pounds of nails. And in 1802 ch.103,15 case any such cask shall (in the opinion of such inspector or deputy) be unfit for use, it shall be by him condemned. And if any hoops be wanting to complete the number before mentioned, on any cask otherwise fit for use, he shall put on the same, at the expense of the person applying for inspection as aforesaid. SECT. 6. Be it further enacted, That if the said inspector or any of his deputies, shall, on application made for the inspection of any cask or casks of nails as aforesaid, unreasonably delay to make such inspection, he shall forfeit and pay, for Penalty for deeach offence, the sum of four dollars, to be recovered and ap- laying to inplied as the forfeiture herein before mentioned. spect. SECT. 7. Be it further enacted, That it shall be the duty of the several deputy-inspectors aforesaid, once in three months, Returns to be and oftener if required, to make returns to the inspector of the made. number of casks by them respectively inspected, together with the quantity of nails of each kind; and the inspector shall annually, and oftener if required, make such return of the nails [To the by him and his deputies inspected in the Commonwealth, to the Governor and Council.* SECT. 8. Be it further enacted, That if any person shall counterfeit any brand used, or intended to be used for the purposes aforesaid, or shall brand, mark or impress any cask Secretary's office- Penalty for brands, &c. of nails with any such brand, or counterfeit thereof, counterfeiting to any cask inspected and branded as aforesaid, any other 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 dollars, to be recovered and applied as the foregoing forfeitures, herein mentioned, are directed to be recovered and applied. Uninspected nails offered SECT. 9. Be it further enacted, That every cask of nails. which shall, after the said first day of September next, be offor sale, to be fered for sale in any town in this Commonwealth where such in forfeited. Inspector's & deputy's fees. [* 50 cents 1806 ch. 10.] Former laws repealed: 1798 ch. 41. Chap. 65. Chap. 66. 1789 ch. 19. districts authorized to raise money for erecting and repairing school-hou ses spector or any one of his said deputies shall reside and be authorized to inspect nails as aforesaid, and which shall not be inspected, branded or marked as aforesaid, shall be forfeited, to be recovered and applied in the same manner as other forfeitures herein before mentioned. SECT. 10. And be it further enacted, That the said inspector, or either of his deputies aforesaid, shall ask and receive, for every cask of nails inspected as aforesaid, twenty cents,* of the person procuring such inspection; and that from and after the said first day of September next, all laws heretofore made respecting the manufacture, sale, inspection or exportation of nails in this Commonwealth, be and the same are hereby repealed: Provided always, That nothing herein contained shall be construed to affect the exportation of nails actually inspected prior to the said first day of September. [Feb. 28, 1800.] Add. acts-1802 ch. 103: 1806 ch. 10. An ACT to incorporate a religious Society by the name of The German Protestant Society in the Town of Waldoborough. [Feb. 28, 1800.] See 1809 ch. 83: 1813 ch. 112. An ACT in addition to an Act, entitled, "An Act to provide for the Instruction of SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the Inhabitants of same, That the inhabitants of the several school districts within any town which hath already, or shall hereafter define the limits of such districts, qualified to vote in town affairs, be and they are hereby empowered, at any meeting called in manner herein after provided, to raise money for erecting or repairing a school-house, in their respective districts, to determine in what part of the district to erect said house, to choose a committee to superintend the building and repairing the same, and to choose a clerk, who shall be sworn faithfully to clerk, who shall discharge the duties of his office; whose duty it shall be, to make a fair record of all votes passed at any meeting of the district, and to certify the same when required; also, at any such meeting, to raise money to procure necessary utensils for their respective school-houses, to be certified as aforesaid, and assessed in manner as is herein after provided. --to choose a be sworn. be taxed. What estate to SECT. 2. And be it further enacted, That for the purposes aforesaid, every man shall be taxed in the district in which he lives, for all the estate he holds in the town, being under his same manner own actual improvement, and all other of his real estate in the same town, shall be taxed in the district in which it is included; and lands, when the owner thereof lives without the town, shall be taxed in such district as the assessors, having regard to the local situation thereof, shall appoint; and it shall be the duty of the assessors, before they assess a tax for any district, to determine in which district such lands respectively shall be taxed, and to certify, in writing, their determination to the clerk of the town, who shall record the same; and such land, while owned by any person residing without the limits of the town, shall be taxed in such districts until the town shall be districted anew: Provided however, That all the lands without any town, Proviso. owned by the same person not living therein, shall be taxed in one and the same district. And the assessors shall assess, in Assessors to the same manner as town taxes are assessed, on the polls and assess in the 'estates of the inhabitants composing any school districts, defin- as town taxes. ed as aforesaid, and on lands in said town, belonging to persons living out of the same, which the assessors shall have directed to be taxed in such district, all monies voted to be raised by the inhabitants of such district for the purposes aforesaid, in thirty days after the clerk of the district shall certify to said assessors the sum voted by the district to be raised as aforesaid. And it shall be the duty of said assessors, to make a warrant, To make a in due form of law, directed to one of the collectors of the town lectors. to which such district belongs, requiring and empowering said collector to levy and collect the tax so assessed, and to pay the ' same, within a time to be limited in said warrant, to the treasurer of the town; to whom a certificate of the assessment shall be made by the assessors. And the money so collected and paid, shall be at disposal of the committee of the district, to be by them applied for the building or repairing a school-house in the district to which they belong. And such collector, in col- Collector emlecting such tax, shall have the same powers, and be holden to powered. proceed in the same manner as is by law provided in collecting 1785 ch. 70. town taxes. warrant to cel lections. Compensation collectors. SECT. 3. And be it further enacted, That the treasurer of any Town treasurtown, to whom a certificate of the assessment of a district tax ers authorized shall be transmitted as aforesaid, shall have the same authority to enforce colto enforce the collection and payment of the money so assessed and certified, as if the same had been voted to be raised by the town for the town's use. And the treasurer and collector shall be paid the same commissions on the money collected and of assessors & paid for the use of a school district aforesaid, and the assessors, for assessing said tax, shall be allowed by the district, the same sum for each and every day while employed in assessing the 1785 ch.50, § 2. same, as is allowed and paid by the town for similar services. SECT. 4. And be it further enacted, That it shall be the duty District meetof the selectmen of the several towns divided into school dis- ings to be called by warrant tricts as aforesaid, upon application made to them, in writing, of selectmen by three or more freeholders, resident within any school district in their respective towns, to issue their warrant directed to one of the persons making such application, requiring him to warn the inhabitants of such district, qualified to vote in town |