in such burglary, or accessary thereto before the fact, by counselling, hiring, or procuring such burglary to be committed, who shall be duly convicted thereof in the Supreme Judicial Court, shall be punished by solitary imprisonment, for such term, not exceeding two years, as the justices of the said court, before whom the conviction may be, shall sentence and order, and by confinement afterwards to hard labour for life. SECT. 3. Be it further enacted, That if any person, after any Punishment of burglary committed as aforesaid, shall knowingly harbour, accessaries afconceal, maintain, or assist any principal offender, or accessary ter the fact. thereto before the fact; every such accessary after the fact, who shall be thereof duly convicted in the Supreme Judicial Court, shall be punished by solitary imprisonment, for such term, not exceeding three months, and by confinement afterwards to hard labour, for such term, not exceeding ten years, as the justices of the said court, before whom the conviction may be, shall sentence and order, according to the aggravation of the offence. day time, or breaking; and SECT. 4. Be it further enacted, That if any person, with in- Punishment for tent to kill, rob, steal, commit a rape, or to do or perpetrate breaking into a any other felony, shall in the night time enter, without break- house in the ing, or in the day time break and enter, any dwelling-house, entering in the or any out-house thereto adjoining and occupied therewith, or night without any office, shop, or warehouse, or any ship or vessel lying for entering within the body of a county; every such offender, and every any store, person present, aiding or abetting in the commission of such ship, &c. offence, or who shall have counselled, hired, or procured the same to be committed, being thereof duly convicted in the Supreme Judicial Court, shall be punished by solitary imprisonment, for such term, not exceeding six months, and by confinement afterwards to hard labour, for such term, not exceeding three years, or by a fine, not exceeding five hundred dollars, and imprisonment in the common gaol, not exceeding three years, as the justices of the said court, before whom the conviction may be, shall sentence and order, according to the aggravation of the offence. SECT. 5. Be it further enacted, That from and after the pass- Former laws ing of this Act, all Acts and parts of Acts heretofore passed, so repealed. far as they come within the purview of this Act, be, and they hereby are repealed: Provided, That the same Acts and parts of Acts, and every of them, shall be and remain in force, for the cognizance, trial and punishment of all such crimes and offences as are therein mentioned, which have been committed before the passing of this Act, and all proceedings thereon arising, this repeal notwithstanding. [March 13, 1806.] An ACT to incorporate Benjamin Lincoln and others, into a Society, by the name of The Society of the Cincinnati, within the State of Massachusetts. [March 13, 1806.] Chap. 102. An Act in addition to an Act, entitled, "An Act to establish a Corporation, by Chap. 103. the name of The Essex Turnpike Corporation." [March 13, 1806.] Further 1803 ch. 48. add. acts-1806 ch. 85: 1808 ch. 67: (1820 ch. 77: repealed 1821 ch. 70.) Chap. 104. An ACT to establish a Corporation by the name of The Lancaster and Bolton Turnpike Corporation. [March 13, 1806.] Chap. 105. An ACT to establish Day's Academy. 20.32. [March 13, 1806.] Add. acts-1806 ch. Chap. 106. An ACT in amendment of the Act establishing The Norfolk and Bristol Turnpike Corporation, and of the two Acts in addition thereto. [March 14, 1806.] Further act-1820 ch. 29. 1801 ch. 69. Chap. 107. Chap. 108. 1803 ch. 157. Chap. 109. Chap. 110. Chap. 111. 1802 ch. 132. 1805 ch. 24, 4. Chap. 112. Chap. 113. Chap. 114. 1793 ch. 14. An ACT to incorporate Edward H. Robbins and others, by the name and style of An ACT in addition to an Act, entitled, "An Act granting a Lottery for the pur- An ACT to establish a Corporation by the name of The Wrentham and Walpole An Act to establish The Second Brush-Hill Turnpike Corporation. [March 14, 1806. Continued-1811 ch. 156. An ACT directing the Mode and Time of making Returns of the State of the several incorporated Banks in this Commonwealth, to His Excellency the Governor and the Honourable Council. [March 14, 1806.] Repealed-1812 ch. 140. An ACT to incorporate sundry persons by the name of The President, Directors an' Company of the Penobscot Bank. [March 14, 1806.] Expired. An ACT providing for the Regulation of the State Prison in Charlestown. [March 14, 1806.] Repealed-1811 ch. 32. An ACT in addition to an Act, entitled, "An Act for regulating and governing the Militia of the Commonwealth of Massachusetts, and for repealing all Laws heretofore made for that purpose, excepting an Act, entitled, an Act for establishing Rules and Articles for governing the Troops stationed in the Forts and Garrisons within this Commonwealth, and also the Militia when called into actual Service." [March 14, 1806.] Repealed-1809 ch. 108. Chap. 115. An ACT for raising the sum of Thirty Thousand Dollars, for the Use of the Univers sity at Cambridge. [March 14, 1806.] Chap. 116. An ACT in addition to an Act, entitled, "An Act for enlarging the Jurisdiction of the Courts of Common Pleas, and other Purposes." 1803 ch. 154. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That whenever there shall be a vacancy in the office of chief justice of the Court of Common Pleas, in any county where a Chief justice. chief justice has before been appointed, pursuant to an Act, entitled, "An Act for enlarging the jurisdiction of the Courts of Common Pleas, and other purposes,' such vacancy shall be filled up by the appointment of a chief justice of said court, who shall have all the powers and authority necessary and incident to that office, with all the perquisites thereof; any thing in said Act to the contrary notwithstanding. [March 14, 1806.] Repealed-1811 ch. 33: 1820 ch. 79. Chap. 117. An ACT to alter the Names of certain Persons therein mentioned. [March 14, 1806.] Chap. 118. Chap. 119. Chap. 1. Chap. 2. An ACT to establish an Academy at Concord, in the County of Middlesex. [March 14, 1806.] An ACT to apportion and assess a Tax of one hundred and thirty-three thousand three hundred and two dollars and fifty-two cents, and providing for the reimbursement of twenty-six thousand and seventy-eight dollars, paid out of the Public Treasury to the Members of the House of Representatives for their attendance at the two last Sessions of the General Court. [March 12, 1806.] An ACT authorizing a Lottery for the purpose of completing Hatfield Bridge. [June 19, 1806.] Fifth section repealed-1806 ch. 68. Add. act-1808 ch. 5. An ACT to authorize the Court of General Sessions of the Peace for the County of Essex, to grant Licenses to Innholders and Retailers, in a certain Case not provided for by Law. [June 19, 1806.] Chap. 3. An ACT establishing the Salaries of the Justices of the Supreme Judicial Court. WHEREAS the Constitution requires that permanent and honourable salaries should be established by law, for the Justi- Preamble. ces of the Supreme Judicial Court of this Commonwealth : lished. 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 January next, the salary Salaries estabof the chief justice of said Supreme Judicial Court shall be the sum of two thousand five hundred dollars, and of the other justices thereof, the sum of two thousand four hundred dollars, re- [*Salaries inspectively, for every year during their continuance in office; creased-1809 ch. 13.] and said salaries shall be paid to said justices quarterly, out of the treasury of this Commonwealth; the first quarter commencing with said first day of January aforesaid. * Laws repealed. SECT. 2. Be it further enacted, That from and after the first day of January aforesaid, all laws heretofore made, establish- 1789 ch.44. ing the salaries of the justices aforesaid, be, and they are hereby repealed. [June 20, 1806.] Add. act-1809 ch. 13. An ACT to incorporate Samuel H. Flagg and others, by the name of The Proprie- Chap. 4. tors of Prison-Point Dam Corporation. [June 21, 1806.] Repealed in part1813 ch. 200. An Act in addition to an Act, entitled, "An Act incorporating certain persons by Chap. 5. the name and style of The Middlesex Turnpike Corporation," for the purpose 1805 ch. 12. of making a Turnpike Road from Tyngsbury Meeting-House to a Point in Bedford, and from thence two Branches, one to Cambridge and the other to Medford. [June 23, 1806.] Further add. acts-1809 ch. 129: 1810 ch. 120: 1811 ch. 28: 1819 ch. 62. An Act to authorize Ebenezer Thayer, of Quincy, and others, to build a Dam Chap. 6. across Quincy Town River, so called. [June 23, 1806.] An ACT to establish The Taunton and South-Boston Turnpike Corporation. [June Chap. 7. 24, 1806.] Add. act-1817 ch. 30. An ACT to alter the Names of certain Pe.sons therein mentioned. [June 24, Chap. 8. 1806.] An ACT to determine the Time of holding the Courts of Common Pleas and Courts Chap. 9. of General Sessions of the Peace within and for the County of Oxford. [June 24, 1806.] An ACT amendatory of the Acts to regulate the Manufacture of Nails. Chap. 10. 1802 ch. 103. BE it enacted by the Senate and House of Representatives, in 1799 ch. 64. General Court assembled, and by the authority of the same, That hereafter the inspector of nails, or either of his deputies, shall Inspector's fees receive for every cask of nails inspected according to law, fifty cents and no more; to be paid and charged in the manner already provided by law. [June 24, 1806.] increased. An ACT in addition to an Act, entitled, "An Act for incorporating the Proprietors, Chap. 11. of the Boston Pier, otherwise called the Long Wharf, in the Town of Boston." [June 24, 1806.] An ACT to render valid the Doings of Charles Folger, Deputy Sheriff, within and for the County of Nantucket. [June 24, 1806.] July 14, 1772. Chap. 12. against John Vinal, of Boston, in the County of Suffolk, upon an Impeachment Chap. 13. An ACT to remit a Part of a Sentence passed by the Senate of this Commonwealth by the House of Representatives, on the twenty-sixth day of January, in the year of our Lord one thousand eight hundred. [June 24, 1806.] Chap. 14. Hops may be exported con ditionally. How hops shall be picked, cured and packed; and the quality of the bags. Inspector to be appointed. [Inspector to make annual returns to the Secretary's of fice-1815 ch. 38.] Inspector to examine, and An ACT to provide for the Inspection of Hops for Exportation. SECT. 1. BE it enacted by the Senate and House of Representa tives, in General Court assembled, and by the authority of the same, That from and after the first day of September next ensuing, hops shall not be shipped or exported from this Commonwealth, except they are of the quality hereinafter mentioned, and have been duly inspected 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. SECT. 2. Be it further enacted, That hops shall not be deemed merchantable, unless they have been well picked, are free from stems and leaves, and dried on a kiln, with charcoal 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. SECT. 3. Be it further enacted, That there shall be an inspector of hops for this Commonwealth, who shall be appointed by the Governor, with advice of Council, who shall be removeable at pleasure, who shall give bond, with sufficient sureties, to the Treasurer of this Commonwealth, 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 inspector shall have power to appoint deputy-inspectors, who shall be removeable by him at pleasure, for whose conduct he shall be answerable, and from whom he may require sufficient bonds for the faithful discharge of their duty. SECT. 4. Be it further enacted, That it shall be the duty of the inspector, or one of his deputies, to examine the contents of mark accord- every bag or pocket of hops intended to be exported, in such ing to quality. manner as to ascertain the quality of such hops, 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 pockets are such as have been before prescribed, he shall 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 of his surname, and the letters Mass. (for Massachusetts) for which inspecting, marking, weighing, and delivering an attested schedule of the same, he shall receive at the rate of ten cents for every hundred pounds weight so inspected, to be paid to him by the purchaser, exclusive of the charges of repacking and mending 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. His fees. from the in spector. SECT. 5. Be it further enacted, That no hops shall be Certificate exported from this Commonwealth, unless the master or owner of the vessel, in which such hops are shipped, shall produce to the collector, or other officer authorized by the laws of the United States to clear out vessels, a certificate of the inspector 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, agreeably to the directions of this Act; which certificate shall express 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, take and subscribe the following oath, viz.-"I do swear, that according to the best of my knowledge and belief, the certificate hereunto annexed contains the whole quantity of hops on board the of which lect. SECT. 6. Be it further enacted, That if an inspector of hops, Penalty for inon application made to him to examine any hops, shall unne- spector's negcessarily 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. &c. inspector's SECT. 7. Be it further enacted, That if any person shall Penalty for counterfeit or alter any mark belonging to, or proper to be counterfeiting used by the inspector of hops, his deputy or deputies, or shall marks mark any bag or pockets of hops with any letters or marks aforesaid, he shall forfeit the hops so marked, and for each offence the sum of ten dollars. contents of bags. SECT. 8. Be it further enacted, That if any person shall for shifting empty any bag or pocket of hops, marked as by this Act is required, and put in any other hops, for sale or exportation, without first cutting out said marks, the person or persons so offending shall for each offence forfeit the sum of five dollars. Inspector's commissions from his depu ties. SECT. 9. Be it further enacted, That the inspector of hops shall be entitled to receive from his deputies one fifth part of all the fees said deputies may receive in the execution of this Act. SECT. 10. Be it further enacted, That if the inspector of hops, or any of his deputies, shall be guilty of any fraud in in- Penalty for specting hops, contrary to the true intent and meaning of this fraud of inspec Act, or shall put their marks on any bag, pocket or package of hops, which have not been actually examined, inspected and found merchantable, he or they shall forfeit and pay twen ty dollars for each and every bag, pocket or package so falsely marked. tor mixing hops, SECT. 11. Be it further enacted, That if any person shall for interintermix, take out, or shift any hops from any bag, or pocket, &c. 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. |