Penalties how disposed of. SECT. 12. Be it further enacted, That all penalties and forfeitures, arising in virtue of this Act, shall be recoverable by action of debt on information in any court proper to try the same, one moiety to the use of the town wherein the offence shall be committed, the other moiety to him who shall sue for the same. SECT. 13. Be it further enacted, That if any person or Penalties for persons shall export or ship for exportation out of this Comexporting hops monwealth, any hops not inspected and marked as by this before inspect- Act is directed, every such exporter or shipper, and the master ed. Hops may be scized. Proviso. Chap. 15. 1782 ch. 3. Chap. 16. Chap. 17. Chap. 18. Chap. 19. Chap. 20. 1805 ch. 105. of every vessel, having on board such uninspected hops, shall, on conviction, respectively forfeit and pay the sums following: the owner or exporter shall pay the sum 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 of his deputies, on information given of any hops being put on board any vessels as aforesaid, not inspected and marked, as required by this Act, to issue a warrant directed to the sheriff or his deputy, or to a constable, requiring them respectively to make 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 be construed to affect any hops shipped coast-wise to Boston or elsewhere, within this State, for the purpose of being inspected and marked as aforesaid, in which case a certificate from the owner shall accompany the same so shipped coast-wise for the purpose 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. [June 24, 1806.] An ACT in addition to an Act, entitled, "An Act for incorporating certain interval Lands, belonging to certain Inhabitants of Springfield and West-Springfield, lying on the west side of Connecticut River, and on both sides Agawam River, into a Common Field;" passed on the twenty-seventh day of June, in the Year of our Lord one thousand seven hundred and eighty-two. [June 19, 1806.] An ACT to change the name of the Town of Partridgefield, in the County of Berkshire. [June 19, 1806.] An ACT to incorporate a number of the inhabitants of the Town of Sanford, in the County of York, into a Religious Society, by the name of The Baptist Society in Sanford. [June 23, 1806.] An ACT to authorize the Owners of Lots of Land adjoining on Accushnett River, in the Town of New-Bedford, in the County of Bristol, from Clark's Point, so called, to the head of navigation in said river, to build and extend Wharves beyond low water mark in said river. [June 23, 1806.] An ACT to establish a Corporation, by the name of The Stoughton Turnpike Corporation. [June 23, 1806.] Add. act-1811 ch. 11. An Act in addition to an Act, entitled, "An Act to establish Day's Academy," passed March 13, 1806. [June 24, 1806.] Further add. act-1806 ch. 32. An ACT to cede to the United States the Jurisdiction of certain Lands for the erection of Light Houses. Chap. 21. 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 agent of the United States, duly authorized for the purpose, Agent authormay purchase such tract or tracts of land, as may be found ized to purnecessary and convenient for the erection and accommodation chase land. of the light-houses, authorized by Congress to be erected, at or near the entrance of Chatham harbour, on Cape Cod, containing about twelve acres; and a description thereof shall be recorded in the registry of deeds for the county of Barnstable : Provided however, That this Commonwealth shall, and doth Proviso. hereby retain, a concurrent jurisdiction with the United States, in and over the same twelve acres, so far that all civil and criminal processes issued under the authority or by any officers of this Commonwealth, shall have full force and effect within the said tract or tracts of land, or in any buildings, which may be erected thereon, this cession of jurisdiction notwithstanding. SECT. 2. Be it further enacted, That the jurisdiction of a Land granted. quantity of land not exceeding twelve acres, and the right of this Commonwealth therein, be and hereby is granted to the United States, to be located on an island, called Franklin Island, near the mouth of George's River, in this Commonwealth, as shall be most suitable and convenient for the erection, and accommodation of a light-house on said Franklin Island; which quantity of land shall be laid out, at the time of erecting said light-house, and a description thereof, in writing, shall be recorded in the registry of deeds for the county of Lincoln. Provided always, That this Common- Concurrent wealth shall and doth hereby reserve to itself a concurrent jurisdiction jurisdiction in and over the land hereby ceded, in the fullest retained. manner, as is provided in the first section of this Act. And provided also, That if the said United States shall at any time Proviso. hereafter make any compensation to any of the United States, of any cession, made for the like purposes of this grant, similar compensation shall be required of the United States, for the present grant, according to its value. [June 24, 1806.] Add. act-1806 ch. 79. An ACT to set off Clement Sumner and his estate from the First to the Third Chap. 22. Parish in Roxbury. [June 24, 1806.] An ACT in addition to an Act, entitled, “An Act to establish The Twelfth Massa- Chap. 23. chusetts Turnpike Corporation." [June 24, 1806.] 1801 ch. 22. An Act to incorporate sundry persons by the name of The Truro Pond Harbour Chap. 24. An ACT to incorporate a number of the inhabitants of the Town of Arundel, in the Chap. 25. An ACT in addition to the several Acts regulating Elections.* Chap. 26. SECT. 1. BE it enacted by the Senate and House of Repre- 1795 ch. 55, &c. *The above Act or Bill was, on the day of its date, laid before the Governor for his revisal, who did not signify his approbation by signing the same. On the same day the General Court was adjourned by the Governor, at the concurrent request assessors, re for Gov. and 568.] sentatives, in General Court assembled, and by the authority of the Duty of select- same, That it shall hereafter be the duty of the selectmen, and men, clerks and of the town or district clerks, in the several towns or districts specting votes within this Commonwealth, and of the assessors of Plantations, which are entitled by the Constitution to the privilege of voting Lt. Gov. for Governor and Lieutenant-Governor,* and for Senators [*3 Mass. Rep. and Counsellors for their respective districts, to make and seal up a separate list of the persons voted for as Governor and Lieutenant-Governor, in the several towns, districts, or plantations, and transmit the same to the Secretary of the Commonwealth, or to the sheriffs of their respective counties, according to the provisions of the Constitution. And when the said lists shall be received at the office of the Secretary, the seals thereof shall not be broken, but the same shall be safely kept entire, as they were received, until delivered by him to the two branches of the General Court, at the commencement of their next session, to be by them examined agreeably to the Constitution. Secretary to preserve the seals entire. Duty of select men, &c. re specting votes for Counsellors and Senators. SECT. 2. Be it further enacted, That it shall further be the duty of the several selectmen, clerks and assessors aforesaid, to make and seal up a separate list of the persons voted for as Counsellors and Senators, in the several towns, districts and plantations, and transmit the same to the Secretary of the Commonwealth, or to the sheriffs of their respective counties, according to the provisions of the Constitution. And when the said lists shall be received at the office of the Secretary, the Seals to remain seals thereof shall not be broken, but the same shall be safely kept entire, as they were received, until delivered by him to the Governor and Council, or to the executive authority of the Commonwealth, for the time being, to be by them examined agreeably to the Constitution. unbroken until delivered to authority. Duty of Secre- SECT. 3. Be it further enacted, That when the returns of tary respecting votes from the several towns, districts and plantations, within returns of votes this Commonwealth, for Representatives in Congress for their for representatives to Con- several districts, shall be received in the Secretary's office, the gress. seals thereof shall not be broken, but the same shall be safely kept entire, as they were received, until delivered by him to the Governor and Council, or to the executive authority of the Commonwealth, for the time being, to be by them examined agreeably to the law. of the two Houses, and with the advice of Council, to the first Wednesday of January, A. D. 1807. It assembled on that day accordingly; and, on the next day, his Excellency retuned the said Bill, together with his objections thereto, in writing, to the House of Representatives, in which the bill originated. The House, having ordered the said objections to be entered at large on their records, did not proceed to reconsider said Bill, but on the 22d day of January passed the following Resolve. "Whereas it is provided by the Constitution of this Commonwealth, that if any bill or resolve, which shall have passed the two branches of the Legislature, shall not be returned by the Governor to that branch in which it originated, within five days after it shall have been presented to him for revisal, the same shall have the force of a law. Resolved, as the sense of this House, that the bill entitled, An Act in addition to the several Acts regulating elections, as likewise a Resolve for carrying into effect the provisions of the aforesaid bill, not having been returned to this House by his Excellency the Governor within the time prescribed by the Constitution, is not re gularly before the House, and that no further order be taken thereon." 3 Mass. Rep. 567. Amendments to the Constitution. Art. I. SECT. 4. Be it further enacted, That the selectmen of the several towns and districts, and the assessors of the several unincorporated plantations, as aforesaid, shall hereafter, before entering on the execution of their respective offices, take an oath, or if they have conscientious scruples, an affirmation, according to law, before some Justice of the Peace, or the clerk of the town, district or plantation, whereof they are selectmen or assessors, faithfully and impartially to discharge the duties of their office respecting all elections, and the returns thereof; and a certificate of said oath or affirmation shall be recorded in the record of such town, district or plantation accordingly. [June 24, 1806.] Further add. acts-1809 ch. 127: 1811 ch. 9: 1813 ch. 68. 195. Selectmen and assessors to be ful discharge of their duty respecting elecreturns thereof. sworn to faith tions and the An ACT to rectify and establish the Line between the Towns of Chesterville and Chap. 27. Farmington, in the County of Kennebeck. [Feb. 3, 1807.] An ACT in addition to an Act, entitled, "An Act to regulate the catching Salmon, Chap. 28. Shad and Alewives, and to prevent Obstructions in Merrimack River, and in the other Rivers and Streams running into the same, within this Commonwealth, and 1789 ch. 51. for repealing several Acts heretofore made for that purpose." [Feb. 3, 1807.] Further add. acts-1311 ch. 175: 1812 ch. 84: 1817 ch. 16: 1819 ch. 4. 20: 1820 ch. 22. An ACT in addition to an Act, entitled, " An Act describing the Duty and Power of Chap. 29. Coroners," and for repealing an Act passed the seventh day of March, eighteen hundred and six. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That every coroner, within the county for which he is appointed, shall, after the return of an inquisition of the jury, upon the view of a dead body of any stranger, bury said body in a decent manner; and the expenses thereof, together with all the expenses of said inquisition and the coroner's fees, shall be paid to said coroner out of the treasury of this Commonwealth, an account of said expenses being first examined and allowed by the General Court, in the same manner that accounts for State paupers are allowed. Provided, the coroners who shall return the inquisition, shall certify under oath, that the person found dead, was a stranger not belonging to this Commonwealth, according to the best of his knowledge and belief; otherways, the expenses of taking up and burial shall be paid to such coroner, by the town where such dead body was found, and repaid to them by the town to which said stranger belonged, if an inhabitant of this Commonwealth; and the expenses of said inquisition shall be paid to the coroner, by the county in which the inquisition shall be taken. 1783 ch. 43. Coroners to bury the bodies of strangers, &c. Proviso. SECT. 2. And be it further enacted, That an Act, in addition Act repealed. to an Act, entitled, "An Act describing the duty and power of 1805 ch. 66. Coroners," passed the seventh day of March, one thousand eight hundred and six, be and is hereby repealed. [Feb. 6, 1807.] An ACT to authorize John Wood to build a Mill Dam, with a Passage Way, across Aponeganset River, in the Town of Dartmouth. [Feb. 6, 1807.] Add. act1808 ch.42. Chap. 30. An ACT to annex a part of a tract of land commonly called The Oxford South Chap. 31. Gore, with the Inhabitants and Estates thereon, to the Town of Oxford. [Feb. 6, 1807.] Chap. 32. 1805 ch. 105. Chap. 33. Chap. 34. 1805 ch. 39. Chap. 35. Chap. 36. 1792 ch. 6. Chap. 37. 1802 ch. 104. Chap. 38. 1802 ch. 68. Chap. 39. Chap. 40. Chap. 41. Preamble. porated. An ACT in addition to the Acts already made for establishing and regulating Day's An ACT to prevent Destruction of the Fish called Shad and Alewives, in their pas- An Acr in addition to an Act entitled, "An Act establishing the Times and Places of holding the Courts of Common Pleas and General Sessions of the Peace in the County of York." [Feb. 7, 1807.] An ACT to incorporate William Widgery and others, into a Company by the name An Act in addition to an Act, entitled, “An Act to incorporate The President, An ACT in addition to an Act, entitled, "An Act authorizing the Town of Deer- An ACT to establish a Corporation for the purpose of draining Green's Harbour An ACT to incorporate a Baptist Society in Windsor, in the County of Berkshire. An ACT authorizing the Town Street School District, in the Town of Deerfield, to erect two or more School Houses within said District. [Feb. 11, 1807.] An ACT to incorporate certain persons by the name of The Proprietors of the Boston Athenæum. WHEREAS the persons herein after named, together with sundry other persons, their associates, have, at very considerable expense, collected a library, consisting of rare and valuable books; and whereas the laudable object of their association is to form, as far as their funds shall from time to time admit, a still more valuable and extensive collection of such rare and valuable works, in ancient and modern languages, as are not usually to be met with in our country, but which are deemed indispensable to those who would perfect themselves in the sciences: And whereas it is the further design of the said associates, when their funds shall admit thereof, to form a museum of natural and artificial curiosities and productions, scientifically arranged; also, an apparatus for the performance of experiments in the various branches of natural philosophy, and for geographical improvements, as well as a repository for models of new and useful machines, and of statues, paintings, and other objects of the fine arts, more especially of our native artists; for which important objects no adequate provision has hitherto been made or formed within this Commonwealth, although similar establishments have long since partially existed in many of our sister States: SECT. 1. Therefore, be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of Persons incor- the same, That Theophilus Parsons, John Davis, John Lowell, William Emerson, John T. Kirkland, Peter Thacher, William S. Shaw, Robert Hallowell Gardner, Joseph S. Buckminster, Obadiah Rich, the present trustees of the said association, together with such other person or persons as shall from time to time be duly admitted members of the said association, accord |