An Act to restrain the issuing of printed Promissory Notes of certain Denomina- Chap. 58. tions, and for other Purposes. Notes, &c. un der five dollars, to be in writ ing; and print SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all bills, notes, checks, draughts or obligations whatsoever, under the amount of five dollars, payable to bearer or to order, shall be wholly in writing: And that all notes, bills, checks, draughts or obligations whatsoever, under the afore- ed notes, &c. said amount, and payable as aforesaid, which shall be made or issued after the first day of April next, and which shall bear the impression of types, plates, or printing, shall be utterly void, and no action shall be thereon sustained in any court of law. to be void. Penalty for passing other 1804 ch. 136 notes, &c. 2. SECT. 2. And be it further enacted, That any person or persons who shall issue or pass any bill, note, check, draught or obligation whatsoever,* unless the same be wholly in writing as aforesaid, shall forfeit and pay a fine of four dollars, to be recovered by an action of the case, before any court competent to try the same; one moiety thereof for the use of the complainant, and the other moiety for the use of the poor of town where said bill, note, check, draught or obligation may be issued or passed: Provided however, That nothing herein Proviso. contained shall affect the rights or privileges already granted to any bank or banks incorporated within this Commonwealth. SECT. 3. And be it further enacted, That the Secretary be, Secretary diand he is hereby directed to cause this Act to be published as rected. soon as may be in all those newspapers in which the laws of this Commonwealth are usually published. [Feb. 18, 1805.] An Act in addition to an Act, entitled, "An Act providing a more easy and simple Chap. 59. method than is now in use of Barring Estates Tail in Lands, and for making the same liable to the Payment of the Debts of the Tenant in Tail." 1791 ch. 60. and reversions expectant on red by deeds of freehold and remainderman, BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That in all cases whatever, where an estate tail in remainder in lands Remainders and tenements, together with all remainders and reversions expectant on the determination thereof, might by law be barred the determinaby a common recovery duly suffered, by the tenant of the free- tion of estates hold and remainder-man, joining therein, such estate tail, with tail, to be barall such remainders and reversions expectant on the determina- tenant of the tion thereof, shall be as effectually barred, to all intents and purposes, by the deed or deeds of the tenant of the freehold as by a comand of the remainder-man, as the same could be barred by the mon recovery. suffering such common recovery; and the person or persons to whom such deed or deeds shall be so made, shall hold the lands and tenements so conveyed, to such uses as may be therein expressed, in the same manner as though such uses had been so expressed in the deeds made, declaring the uses for which such common recovery might have been suffered. Provided, That such deed or deeds, made for the purposes aforesaid, be duly executed, acknowledged and recorded as provided in the Act to which this is in addition. [Feb. 18, Chap. 61. Chap. 60. 31 Geo.II. ch.2. An ACT in addition to an Act, entitled, "An Act for regulating the Proprietors of An ACT to incorporate the District of Carlisle, in the County of Middlesex, into a Chap. 62. Chap. 63. Chap. 64. An ACT to change the name of Pepperelborough to Saco. [Feb. 23, 1805.] Chap. 65. Chap. 66. Chap. 67. 1787 ch. 29. tled to poor debtor's oath. An ACT incorporating sundry persons residing in the Towns of Sheffield, West- An ACT to incorporate a number of the inhabitants of the Towns of New-Glouces- An ACT in addition to an Act, entitled, "An Act for the Relief of poor Prisoners BE it enacted by the Senate and House of Representatives, in GenConvicts enti- eral Court assembled, and by the authority of the same, That whenever any person shall have been convicted for any offence against Government, and shall have suffered the penalties of the law therefor, and cannot therefore be admitted as a witness in any civil or criminal action, and shall afterwards be committed for debt, and being poor and indigent shall be unable to pay prison charges, the same person may be admitted to the oath as prescribed by the Act to which this is an addition, he or she conforming to all the requisitions which are made in said Act. [March 1, 1805.] Further add. acts-1816 ch. 55: 1817 ch. 186 1819 ch. 130. Chap. 68. Chap. 69. Chap. 70. Chap. 71. Chap. 72. 1799 ch. 21. Chap. 73. 1799 ch. 31. Chap. 74. Chap. 75. An ACT to incorporate certain Proprietors of Meadow Lands lying on Charles Riv- An ACT to authorize the raising a Fund for the Support of Public Schools in the [March 4, 1805.] Add. act-1805 An ACT to incorporate a Part of the Counties of York and Cumberland into a separate County by the name of Oxford. [March 4, 1805.] Add. acts--1805 ch. 7: 1806 ch. 99. An ACT to set off William Wilcox, with his family and estate, from the Town of An ACT providing for the Removal of a Toll-Gate, now standing in Greenwich, on An ACT in addition to an Act, entitled, "An Act to regulate the Paving of Streets An ACT to incorporate a number of the inhabitants of the Towns of Paris and Norway, as a religious Society, by the name of The First Independent Universalist Society in Paris and Norway. [March 4, 1805.] An ACT incorporating certain persons in the Towns of Lenox, Lee, Stockbridge and Pittsfield, in the County of Berkshire, by the name of The Protestant Episcopal Society of Lenox. [March 4, 1805.] Add. act--1807 ch. 26. An Act to establish The Dorchester Turnpike Corporation. [March 4, 1805.] Chap. 76. An ACT to authorize The Cambridge and Concord Turnpike Corporation to make a Road from the Termination of their Turnpike to the Causeway of West-Bos- Chap. 77. ton Bridge. [March 8, 1805.] 1803 ch. 108. An Act in addition to an Act, entitled, "An Act to incorporate sundry persons by Chap. 78. the name of The President, Directors and Company of the Maine Bank." [March 1802 ch. 19. 8, 1805.] An ACT making a temporary Alteration in the Toll to be received by The Proprie- Chap. 79. prietors of the Locks and Canals on Connecticut River. [March 8, 1805.] Con- 1791 ch. 32. tinued-1811 ch. 116. An ACT to incorporate the north-westerly part of the Town of Otisfield, and the Chap. 80. easterly part of the Town of Bridgeton, in the County of Cumberland, into a separate Town by the name of Harrison. [March 8, 1805.] An ACT to provide for the Proof of Fire Arms manufactured within this Common- Chap. 81. wealth. WHEREAS no provision hath been made by law for the proof of fire arms manufactured in this Commonwealth, by Preamble. which it is apprehended that many may be introduced into use which are unsafe, and thereby the lives of the citizens be exposed: To prevent which, SECT. 1. Be it enacted by the Senate and House of Representa tives, in General Court assembled, and by the authority of the same, Provers of fire That the Governor, by and with the advice and consent of the arms to be apCouncil, be, and he hereby is empowered to appoint, in any pointed. part of this Commonwealth where the manufacture of fire arms is carried on, suitable persons to be provers of fire arms, not exceeding two in any county, who shall be sworn to the faithful discharge of their trust, whose duty it shall be to prove all musket barrels and pistol barrels, which being sufficiently ground, bored and breeched, shall be offered to him to be proved; How arms are to be proved. who shall prove the musket barrels twice in manner following, viz. first with a charge consisting of one eighteenth part of a pound of powder, one ounce of which, in a five and an half inch howitz, at an elevation of forty-five degrees, will carry a twenty-four pound shot eighty yards, with a ball suited to the bore of the barrel; the second proof to be with a charge consisting of one twenty-second part of the same powder, with a ball suited to the bore of the barrel; and shall prove the pis- Repealed, and tol barrels once with a charge consisting of one twenty-second part of a pound of other mode powder, one ounce of which, in a five and half inch howitz, at an elevation of for- substitutedty-five degrees, will carry a twenty-four pound shot seventy yards, with a ball 1813 ch. 192. suited to the bore of the barrel; which said powder and ball it shall be the duty of the prover to provide; and if the said musket and pistol barrels shall stand the proof aforesaid, and shall in no respect fail, then it shall be the duty of the said prover to stamp the same on the upper side, and within one and an half inches of the breech of said barrels, with a stamp consisting of the initial letters of the How approved prover's name, and over those letters the letter P. also, in the arms are to be line of the said initial letters, and further up said barrel the figures designating the year of our Lord in which the proof is made, and over the said figures the letter M. which said letters and figures shall be so deeply impressed on said barrel, as that the same cannot be erased or disfigured,and shall be in the form Р M following AB 1805. And when any barrels shall burst or shall marked. 1 Fees. Penalty for not having arms proved. Repealed1813 ch. 192. Penalty for selling or buy ing arms not proved. Penalty for in any manner fail in the proving as aforesaid, so that in the opinion of the prover they are unfit for use, they shall not be stamped, but the said prover shall suffer the owner to take them away; and any prover, so proving musket or pistol barrels as aforesaid, shall be entitled to receive from the owner, for each musket barrel thirty-three cents, and for each pistol barrel twenty-five cents, whether the same stand proof and are stamped or not. SECT. 2. And be it further enacted, That if any person, after the first day of June next, shall manufacture within this Commonwealth, any musket or pistol, without having the barrels proved and stamped as aforesaid, except such as are or may be manufactured in the armory of the United States, or in fulfilment of some contract made and entered into, or that may hereafter be made and entered into, for the manufacturing of fire arms for the United States, shall forfeit and pay for every such musket or pistol the sum of ten dollars, to be recovered in an action of debt, before any court proper to try the same, by any person who shall sue for and recover the same, to his own use. SECT. 3. And be it further enacted, That if any person, after the said first day of June next, shall sell and deliver, or shall knowingly purchase, any musket or pistol, which shall have been manufactured within this Commonwealth after the said first day of June next, which shall not have the marks of proof above required, the person so selling and the person so purchasing shall each forfeit the sum of ten dollars, to be recovered by 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. SECT. 4. And be it further enacted, That if any person shall falsely forge or alter the stamp of any prover of fire arms, so forging stamp. appointed as aforesaid, impressed on any musket or pistol barrel, pursuant to this Act, and be convicted thereof before the Supreme Judicial Court, he shall be punished by fine not exceeding fifty dollars, nor less than twenty dollars, according to the nature and aggravation of the offence. [March 8, 1805.] Add. act-1813 ch. 192. Chap. 82. Chap. 83. Shares in incorporated be attached on taken in execution, and sold. Form of service. An ACT to incorporate a number of the inhabitants in the Town of Limington, in 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 share or shares or interest of any person, in any turnpike, bridge, canal or other company, which heretocompanies may fore has been or hereafter may be incorporated by the Legislamesne process, ture of this Commonwealth, with all the rights and privileges appertaining to such shares, may be attached on mesne process and taken on execution; and when any such shares or interest shall be attached on mesne process, or taken on execution without such previous attachment, an attested copy or copies of such writ of attachment or execution shall, by the officer holding the same, be left with the clerk and treaSale on execu- surer or cashier of such company; and so many of said shares or so much of said interest may be sold on said execution at public vendue, to the highest bidder, as shall be sufficient to satisfy the same, and the charges of the sale, after notice shall have been given of the time and place of sale in manner as hereinafter provided; and in case the officer making the sale, or the purchaser or purchasers of any such shares or interest, do cause an attested copy or copies of such execution, tion. and the officer's return thereon to be left with such clerk and treasurer or cashier, within fourteen days after the sale is completed, and pay for the recording of the same, such purchaser or purchasers shall be thereby entitled to such shares and interest, with all the privileges appertaining thereto, and the income and dividends which may have accrued or been made on the same subsequent to the attachment thereof on mesne process; and it shall be the duty of the proper officer or officers of such corporation to issue to the purchaser or purchasers, un- Certificates to der such execution, such certificates as by the by-laws and re- be issued to gulations of such corporation are the evidences of the shares or purchasers. interest of a proprietor in such corporation. Shares attach SECT. 2. Be it further enacted, That an attachment of such shares or interest on mesne process shall hold the same, and ed to be held also all dividends growing due after such attachment, to re- till 30 days afspond the final judgment, which may be rendered thereon, un- ter judgment. til the expiration of thirty days after the rendition of such judgment, and in case the same are not within that time taken by execution on such judgment, the shares, interests, or dividends so attached as aforesaid shall no longer be holden there cution. by; and an attested copy or copies of the execution left with the what shall be a clerk and treasurer, or cashier of the corporation, and an ad- taking in exevertisement of the time and place of sale being once published within said thirty day, shall be deemed a taking such shares or interests in execution, pursuant to the attachment on the original writ. in case of sales of shares. SECT. 3. Be it further enacted, That in making sale of any What notices such shares or interest, the officer holding the execution shall are to be given give notice in writing of the time and place of sale to the judgment debtor, by leaving the same at his last and usual place of abode, if within the county in which the said officer dwells, and public notice of the said time and place of sale, by posting up notifications thereof in one or more public places in the town, district or plantation where such sale is to be made, and also in one or more public places in the two adjoining towns, thirty days at least before the time of sale, and further shall cause an advertisement, expressing the time and place of sale, and against whom such execution shall have issued, on which such shares or interests have been taken, to be published three weeks successively before the day of sale, in some public newspaper printed in the county where the sale is to be made, if any such be therein printed; and in case no such paper is therein printed; then such advertisement shall be published in some public newspaper in the nearest county wherein a newspaper shall be published; and in case the judgment debtor has at no time resided, or does not then dwell in such county, the posting up such notifications and publishing such advertisements in manner aforesaid, shall be deemed sufficient notice of such sale; and in case the shares or interest so notified for sale shall not, for want of purchasers, be disposed of at the time appointed for sale, the officer shall adjourn the sale for a time not exceeding three days, and from time to time, until the -sale shall be completed; and the surplus monies (if any there |