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weighed by the owners or keepers of any slaughter-houses, stores or warehouses, or by any persons under their direction or control in said houses, in any greater quantity than fifty pounds, except in scales, and with weights duly sealed, according to the Act passed in the fourth year of William and Mary, entitled, "An Act for due regulation of weights and measures;" and ev- 4 W. & M. ery owner or keeper of any slaughter-house, store or ware- ch 14. house, or any person or persons by their direction, or under 1799 ch. 60. their control in said houses, who shall weigh any beef or pork in any greater quantity than fifty pounds, by steelyards, or in any other way than by scales and weights, duly sealed as aforesaid, shall, for every such offence, forfeit and pay the sum of ten dollars, to be recovered by action of the case, before any Penalty. 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 half to the use of the poor of the town in which such offence shall be committed. [June 22, 1799.] Add. act-1815 ch. 99.

Appropriation.

An ACT to regulate the Paving of Streets in the Town of Boston, and for removing Chap. 31. Obstructions in the same. [June 22, 1799.] Add. acts-1804 ch. 73: 1809 ch.

28: 1816 ch. 90.

An Act to restrain unincorporated Banking Associations, and to prevent the issuing Chap. 32.

of small Bank Notes.

Unincorpora

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 passing of this Act, no person shall subscribe to, or become a member of any association, institution or ted banks procompany, or proprietor of any bank or fund, for the purpose of hibited. issuing notes, receiving deposits, making discounts, or transacting any other business which incorporated 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 Penalty for subscribing to a member or proprietor as aforesaid, he shall forfeit and pay, such. for every such offence, the sum of one thousand dollars, to be recovered by any person who shall sue therefor, in an action of debt; one half thereof to his own use, and the other half to the use of this Commonwealth. And all notes and securities for the payment of money or delivery of property, made or given to any such association, institution or company, not authorized as aforesaid, shall be null and void.

SECT. 2. Be it further enacted, That all unincorporated asso- Existing uninciations, institutions, companies or proprietors, formed for any banks supcorporated of the purposes aforesaid, that now exist in this Commonwealth, pressed. shall, after the first day of March next, cease to issue notes, and to loan money. And any person concerned or interested in the issuing any such notes, or loaning any money as aforesaid, after Penalty for isthe said first day of March next, he shall forfeit and pay, ery such offence, the sum of one thousand dollars, to be recovered and disposed in the manner prescribed in the first section

of this Act.

for ev

suing notes.

SECT. 3. Be it further enacted, That from and after the first day of September This section next, no bank incorporated by the Legislature of this Commonwealth, except Nan- repealedtucket Bank, shall issue or pay out any note, by which payment of a less sum than 1805 ch. 24.

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Chap. 33.

1797 ch. 70.

Chap. 34.

Chap. 35.

1793 ch. 21, &c.

Chap. 36.

Chap. 37.

Chap. 38. Chap. 39.

Chap. 40.

1796 ch. 24.

Chap. 41.

1795 ch. 76.

Chap. 42.

Chap. 43.

Chap. 44.

1795 ch. 25.

Chap. 45.

Chap. 46. Chap. 47. Chap. 43.

Chap. 49.

five dollars is promised, to any person or his order, or to bearer; and any person
who shall hold any such bank note, issued or paid out by any bank, except Nantuck-
et Bank, after the said first day of September next, shall be entitled to demand
and recover of the bank so issuing the same, the sum of five dollars. [June 22,
1799.]

An ACT in addition to an Act, entitled, "An Act for the preservation of the Fish
called Salmon, Shad, and Alewives, in the rivers, streams and waters within the
Counties of Lincoln and Cumberland, and for repealing all other Laws hereto-
fore made for that purpose, so far as respects their Operation in the said Coun-
ties."
[Jan. 16, 1800.] Further add. act-1799 eh. 67.

An ACT to set off Thomas Locke from the Town of Burlington, and annex him to
the Town of Lexington. [Jan. 20, 1800.]

An ACT in addition to several Acts passed respecting the Middlesex Canal. (Jan.
25, 1800.] Further add. acts-1802 ch. 98: 1812 ch. 113. 115: 1814 ch. 100.
An ACT authorizing the Proprietors of the Episcopal Church in Newburyport to
appoint an Agent to convey certain Real Estate. Jan. 25, 1800.]

An ACT to incorporate sundry persons by the name of The President, Directors
and Company of Gloucester Bank. [Jan. 27, 1800.] Add. acts-1800 ch. 11:
1809 ch. 71. New act-1812 ch. 43.

An ACT to incorporate a number of the inhabitants of the Town of Winthrop, in
the County of Kennebeck, into a religious Society by the name of The First Con-
gregational Society in Winthrop. (Jan. 31, 1800.] Repealed-1805 ch. 62.

An Act for determining at what Times and Places the several Courts of General
Sessions of the Peace and Courts of Common Pleas shall be holden, within and
for the County of Lincoln, and for repealing all Laws heretofore made for that
purpose. [Feb. 4, 1800.]

An Acr in addition to an Act, entitled, "An Act for incorporating certain persons for
the purpose of building a Bridge over Connecticut-River, in the County of Hamp-
shire, and for supporting the same." [Feb. 4, 1800.] Further add. acts-1801
ch. 52: 1803 ch. 18.

An ACT to alter the Appropriation of the sum of two hundred pounds per annum,
made by an Act passed in the year one thousand seven hundred and ninety-six,
entitled, "An Act to alter the Appropriation of the sum of two hundred pounds,
payable annually by the Proprietors of West-Boston Bridge, to the University of
Harvard College." [Feb. 6, 1800.]

An ACT to incorporate Hugh McLellan, and others, into a Company by the name
of The Maine Fire and Marine Insurance Company. [Feb. 7, 1800.] Part of
the ninth section repealed-1800 ch. 1. Add. act-1804 ch. 1. See 1808 ch. 27.
An ACT to enable the Proprietors of a certain piece of rough Salt Marsh, situate
in the Town of Rowley, in the County of Essex, to make and maintain a Dike,
for the better improving the same. (Feb. 13, 1800.] See 1814 ch. 179.

An ACT in addition to an Act, entitled, " An Act to incorporate sundry persons by
the name of The President and Directors of the Merrimack Bank. [Feb. 21,
1800.] See 1805 ch. 5.

An ACT to alter the time of holding the Courts of Common Pleas and General Ses-
sions of the Peace, now by law holden at Portland, within and for the County
of Cumberland, on the last Tuesday of April. [Feb. 21, 1800.]

An ACT to incorporate the plantation heretofore called New-Pennycook, in the
County of Cumberland, into a Town by the name of Rumford. [Feb. 21, 1800.]
An ACT to incorporate the Plantation called Number Two, lying on the east side
of Penobscot-River, into a Town by the name of Orland. [Feb. 21, 1800.]
An ACT for establishing a Corporation by the name of The Eighth Massachusetts
Turnpike Corporation. [Feb. 24, 1800.] Add. aets-1800 ch. 3: 1304 ch. 96:
1818 ch. 73.

An ACT to apportion and assess a Tax of one hundred and thirty-three thousand,
four hundred and thirty-five dollars and thirteen cents; and providing for the
Reimbursement of twenty thousaud, five hundred and fifty-four dollars, paid out

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of the public Treasury to the Members of the House of Representatives, for their
Attendance the two last Sessions of the General Court. (Feb. 24, 1800.]

An Act for incorporating the Owners of certain Meadow Lands in the Town of Chap. 50.
Orleans, in the County of Barnstable, for the purpose of managing the same as a
Common and general Field. [Feb. 25, 1800.]

1785 ch. 46.

In case of a town's ncg

surer to issue

the sheriff to

sum mentioned

An ACT in addition to an Act, entitled, "An Act for enforcing the speedy Payment Chap. 51. of Rates, and directing the process against deficient Constables and Collectors." SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That if the inhabitants qualified to vote in town affairs, of any town, district or plantation in this Commonwealth, lecting to from which any state tax or taxes now remain due and unas- choose assessessed, or from which any state or county tax shall be here- sors, the treaafter required, shall neglect, for the space of five months after a warrant to having received the warrant of the treasurer for assessing any levy and colstate tax, to choose assessors to assess the same, and cause the lect by distress assessment thereof to be certified, as the law requires, to the and sale the Treasurer of the Commonwealth for the time being, and in former waragreeable to his warrant directing the same, he is hereby au- rant. thorized and directed to issue his warrant, under his hand and 1793 ch. 57. 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, district 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 provided for satisfying warrants against deficient collectors of public taxes; and it shall be the duty of the said sheriff or his deputy, on receiving the Sheriff to said warrant, forthwith to transmit an attested copy thereof to transmit a cothe selectmen or clerk of the town, district or plantation Py to selectnamed therein; and if the assessors shall, within sixty days from the receipt of such attested copy, deliver 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 officer his legal fees, he shall forthwith transmit the same certificate to the said treasurer, and return the warrant unsatisfied.

men or clerk.

assessors.

Be it further enacted, That if the inhabitants qua- Further direclified to vote in town affairs, of any town, district or plantation tions respectin this Commonwealth, from which any state or county tax ing choosing shall hereafter be required, shall neglect to choose and keep in office assessors to assess the same as the law requires, the Treasurer of the Commonwealth or of the county, for the time being, is hereby authorized and directed to issue his warrant, under his hand and seal, directed to the sheriff of the county or his deputy, requiring him to levy and collect the sum mentioned therein in manner aforesaid: And the said sheriff or his deputy shall execute said warrant, observing all the rules and regulations, and all the provisions mentioned in the first section of this Act.

SECT. 3. Be it further enacted, That if the inhabitants, qualified to vote in town affairs, of any town, district or plantation

Assessors neglecting their duty.

1785 ch. 46,

5-ch. 50, § 4.

Inhabitants to

in this Commonwealth, from which any state tax or taxes now remain due and unassessed, or from which any state or county tax shall be hereafter required, shall choose assessors who shall neglect to assess the tax required by the warrant issued to them, or to re-assess any tax on the failure of any collector, and to certify the assessment as the law directs, and the estates of such assessors shall be found insufficient to pay the same tax, in the manner already provided by law, then, and in every such case, the Treasurer of the Commonwealth or of the county, for the time being, is hereby authorized and directed to issue his warrant 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, so much of the sum mentioned therein as the estates of the assessors shall be insufficient to pay, of the estates, real or personal, of any inhabitants of the deficient town, district or plantation; which warrant the said sheriff or his deputy shall execute; observing all the rules and regulations, and all the provisions mentioned in the first section of this Act.

SECT. 4. Be it further enacted, That if the estate of any be indemnified. inhabitant or inhabitants (not being an assessor or assessors of any town, district or plantation) shall be levied upon and taken as aforesaid, he or they shall have an action or actions against the town, district or plantation, to recover the full value of the estate so levied upon and taken, with interest thereon, computed at the rate of twelve per centum per annum, from the time the said estate 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.

Plantations made bodies

corporate, for

the purposes aforesaid.

Chap. 52.

Chap. 53.

1793 ch. 70.

Chap. 54.

Chap. 55.

Chap. 56.

And in order that such action or actions may be supported against a plantation:

SECT. 5. Be it further enacted, That each plantation in the said Commonwealth, from which any state tax or taxes now remain due and unassessed, or from which any state or county tax shall hereafter be required as aforesaid, be and hereby is made 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. [Feb. 25, 1800.] Further add. acts—1815 ch. 130: 1817 ch. 69.

An ACT for the Preservation of the Fish called Bass, in Dunstan-River, in Scarborough, in the County of Cumberland. [Feb. 25, 1800.]

An ACT for allowing the Proprietors of the Upper Locks and Canals on Connecticut-River, in the County of Hampshire, a further time for completing their works. [Feb. 25, 1800.]

An ACT establishing The Ninth Massachusetts Turnpike Corporation. [Feb. 25,
1800.] Add. acts-1800 ch. 4. 56: 1801 ch. 51.

An ACT for dividing the second Parish in the Town of West-Springfield, in the
County of Hampshire, into two Parishes. [Feb. 26, 1800.]

AN ACT to incorpo, ate the Plantation Number Seven, lying on both sides of Union-
River in the County of Hancock, into a Town by the name of Ellsworth. [Feb.
26, 1800.]

An ACT giving a Remedy in Law against the Executors and Administrators of deceased Debtors, in Joint Contracts.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the goods and estate of each deceased debtor, in every joint contract hereafter to be made, whether obligation, covenant, or other instrument under seal, promissory note, memorandum in writing, or any other contract express or implied, or in any judgment on any contract hereafter to be made, shall be liable in the hands of his executors and administrators for the ment thereof, in like manner; and the creditor shall have the same remedy, and may have and maintain an action in law against such executors and administrators, in the same manner as if such contract had been joint and several. [Feb. 26, 1800.]

pay

Chap. 57.

An ACT in addition to the Act incorporating sundry persons by the name of the Chap. 58. Proprietors of the Locks and Canals on Connecticut-River, and the other Acts since passed respecting the same. [Feb. 26, 1800.] See 1804 ch. 79. 98.

1791 ch.32, &c.

Chap. 59.

1797 ch. 16. Preamble.

to perform

selectmen,

An ACT in addition to an Act, entitled, "An Act to prevent the spreading of contagious Sickness." WHEREAS it is necessary that some further provision should be made by law, to require vessels to perform quarantine, for the safety of the people in this Commonwealth: SECT. 1. Be it enacted by the Senate and House of Repre- Selectmen ausentatives, in General Court assembled, and by the authority of thorized to the same, That whenever it shall appear to the selectmen of cause vessels any seaport town within this Commonwealth (other than Bos- quarantine, ton and Salem) that the safety of the inhabitants thereof re- on penalty. quires, that any vessel or vessels which shall arrive in any harbour or river within this Commonwealth, from any port or place, [* Powers of should perform quarantine, the selectmen* of any town where in this act, such vessel shall so arrive are hereby required and empowered transferred to to cause such vessel or vessels to perform quarantine, at such board of place as they shall appoint, and under such restrictions and re- bleheadgulations as they may judge expedient; and any owner, mas- 1801 ch. 43: ter or supercargo, officer, seaman or consignee of such vessel 1909 ch. 63: or vessels, or any other person who shall neglect or refuse to in Bostonobey the orders, directions, rules, regulations and restrictions 1816 ch. 44: of the said selectmen, respecting the said quarantine, and shall townbe convicted thereof, upon indictment or information, before 1818 ch. 12.] the Supreme Judicial Court or Court of General Sessions of the 1803 ch.154,13. Peace, held in the county where the offence may be committed, shall forfeit and pay a sum not exceeding five hundred dollars, or be imprisoned for a term of time not exceeding six months, or both, at the discretion of the court having cognizance of such offence.

health, in Mar

in Plymouth

in Charles

formation of

SECT. 2. Be further enacted, That when any master or com- Attention to be mander of any vessel shall come up to any sea-port town afore- paid to any insaid, with his said vessel, after notice given to him by any per- quarantine. son or persons whomsoever, that a quarantine has been directed by the said selectmen for all vessels coming from the port or place from which such master or commander shall have arrived; or shall falsely or fraudulently attempt to elude the di

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