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conduct, in the discharge of the duties of their respective offices, he shall be answerable, and shall take bonds from them to himself, and his successor in office, with sufficient sureties, in a penal sum, not exceeding five hundred dollars; and the said deputy inspectors shall also be sworn to the faithful discharge of their duty.

SECT. 3. Be it further enacted, That it shall be the duty Their duty. of the said inspector, either by himself or his deputy, to inspect all lime which shall be manufactured in either of the said towns, when put into casks, and to see that the said lime and casks do, in all respects, conform to the provisions of this Act, and to brand each of said casks with the name of the town where the said lime was burnt, and the first letter of the christian name, and the surname at length, of the inspector, who inspected the same, with the word Inspected.

SECT. 4. Be it further enacted, That the inspector, or his deputy, appointed This section by virtue of this Act, shall be paid by the manufacturer or owner of the said lime six repealed-cents for each cask of lime so inspected and branded; and the said inspector shall 1910 ch. 128. be entitled to receive from any deputy he may appoint, one cent and a half, for

every cask said deputy shall inspect and brand according to this Act.

SECT. 5. Be it further enacted, That there may be cho- Inspectors may sen in each town in this Commonwealth, where lime is import- be chosen ed by water, at any annual meeting, one or more inspectors of where lime is lime, who may, at the expense of the purchasers, inspect all imported. lime imported into or sold in their respective towns or harbours; and such inspectors shall have a right to demand and receive of every such purchaser four cents, for every cask of lime so inspected.

where lime is

SECT. 6. Be it further enacted, That each town within this Inspectors Commonwealth, in which lime is manufactured, except the shall be chosen towns of Warren, Thomaston, and Camden, shall, at their an- manufactured. nual meeting in March or April, choose one or more inspectors, whose duty it shall be to inspect all lime manufactured within said town, at the time it is filled at the kiln, and brand To inspect and each cask in which the same is put, with the word "Inspect- brand. ed," and the first letter of his christian name, and his surname

at length, with the name of the said town; and he shall re- Fees.
ceive from the manufacturer or owner of the said lime five
cents, for each cask so inspected and branded.

casks and

SECT. 7. Be it further enacted, That if any person shall Penalty for presume to sell, or expose to sale, or ship, or receive on board selling, &c. any any vessel, in casks, any lime, other than such as shall be con- lime, except in tained in casks made as aforesaid, and having the aforesaid branded. marks or brand, as required by this Act, respectively, the offender or offenders shall incur the penalty of one dollar and fifty cents, for each cask so sold, or offered for sale, or shipped or received on board any vessel, to be sued for and recovered before any Justice of the Peace, or Court of Common Pleas, as the case may require, by action of debt; and all such lime and cask or casks shall be forfeited to the uses herein after provided. And it shall be lawful for any Justice of the Peace, Justices emupon information given of any such cask or casks of lime, sold powered to or exposed to sale, or put or received on board any vessel, to for seizure of issue his warrant, directed to the sheriff or his deputy, or con- lime.

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issue warrants

Penalty for shifting contents of branded casks.

be sworn.

stable, requiring them, respectively, to make seizure of any such lime, sold or exposed to sale, or shipped or received on board any vessel, and not made and marked as aforesaid, and to secure the same in order for trial; and such officers are respectively authorized and required to execute the same.

SECT. 8. Be it further enacted, That if, after any cask or casks containing lime shall have been branded as required by this Act, any person shall presume to shift the contents of said cask or casks, and put therein any other lime, with a design to sell the same, such person so offending shall forfeit and pay the sum of one dollar and fifty cents, for every cask of lime so shifted, to be recovered in manner as aforesaid.

SECT. 9. Be it further enacted, That the inspectors and Inspectors to deputy inspectors, appointed or chosen by virtue of this Act, before they enter upon the duties of their office, shall be sworn to the faithful performance of the trust reposed in them respectively.

Forfeitures, how applied.

Former acts repealed. 1785 ch. 25.

1793 ch. 65, &c.

Chap. 63.

Chap. 64.

Chap. 65.

1806 ch. 89.

Chap. 66.

1807 ch. 31.

SECT. 10. Be it further enacted, That all penalties and forfeitures, incurred by virtue of this Act, shall be, one moiety to the use of the town, in which the offence shall be committed, and the other moiety to him or them who shall inform and sue for the same.

SECT. 11. Be it further enacted, That all laws heretofore made, relative to stone lime, or lime casks, be, and they hereby are repealed, from and after the first day of June next: Provided nevertheless, That nothing in this Act shall be construed to restrain any manufacturer of lime, or other person, from retailing lime by the bushel, or other quantities not in casks. [Feb. 27, 1810.] Add. act-1810 ch. 128.

An ACT to empower the inhabitants of the Town of Plymouth to choose a Board of Health, and for removing and preventing nuisances in said town. [Feb. 27, 1810.]

An ACT to incorporate the Merrimack Bible Society. [Feb. 27, 1810.]

An ACT in addition to an Act, entitled, "An Act to incorporate Joseph Williams,
John Balch, and others, into a Company, by the name of The Union Marine and
Fire Insurance Company, in Newburyport." [Feb. 27, 1810.] Further act-

1814 ch. 124.

An ACT in further addition to an Act, entitled, "An Act to incorporate sundry persons into a Company, by the name of The Proprietors of the Exchange Coffee House." [Feb. 27, 1810.] Further add. act-1813 ch. 36.

An ACT to incorporate certain persons by the name of The Boston Hat Manufactory. [Feb. 27, 1810.]

Chap. 67.

Chap. 68. Chap. 69. Chap. 70.

An ACT to set off Samuel Floyd from the Town of Augusta, and to annex him to the Town of Winthrop. [Feb. 27, 1810.]

An ACT to regulate the taking of Salmon, Shad, and Alewives in the Town of Machias. [Feb. 27, 1810.] Add. act-1813 ch. 69.

An ACT for the better regulation of the Indians and other people of colour, inhabitants of the Island of Chappequiddick, in the County of Dukes County.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, Governor and That His Excellency the Governor, with the advice of the point commis. Council, is hereby authorized and requested to appoint three

council to ap

commissioners who shall meet in the month of March next, and sioners to assign lands towhen met shall have power to make a distinct and specific individuals. assignment of the lands belonging to the indians, and other people of colour, inhabitants of the island of Chappequiddick, in the county of Dukes County, to the different individuals and families, in such quantities as they shall deem proper, reserving from said lands such portions for annual appropriations by the guardians of the said indians, and people of colour, as the said commissioners may judge expedient; and each individual and family shall retain possession of the land so assigned, for the term of ten years, from the thirty-first day of March next, at which time a new assignment of the said lands shall be made by the guardians of the said Indians.

unless with

SECT. 2. Be it further enacted, That no promise made, or No contracts of contract entered into by any of the said indians, or people of indians valid, colour, shall be valid in law, unless the same be made or en- consent of tered into with the written consent of two or more of their guardians. guardians; and no action hereafter brought upon such promise or contract, made or entered into, without such written consent, shall be sustained in any court of law.

dorsed by

guardians.

SECT. 3. Be it further enacted, That no action shall be sus- Writs to be intained in any court of law in this Commonwealth, wherein any of said indians or people of colour shall be plaintiff, unless the original writ be endorsed by two or more of their guardians, and this act may be given in evidence in all such actions under the general issue. [Feb. 27, 1810.]

An Act in further addition to an Act, entitled, “An Act to incorporate sundry Chap. 71. persons by the name of The President, Directors and Company of Gloucester 1799 ch. 37. Bank." [Feb. 27, 1810.]

An ACT to incorporate a number of the inhabitants of the towns of Durham and Chap. 72. Pownal, into a religious society, by the name of The Methodist Society in Dur

ham and Pownal. [March 1, 1810.]

An ACT to authorize the Justices of the Court of Common Pleas for the county of Chap. 73. Suffolk, to purchase land and erect a New Court House thereon. ~[March 1,

1810.]

An Act to incorporate sundry persons, by the name of The Malden Nail Manufac- Chap. 74. tory. [March 1, 1810.]

An ACT to divide the Town of Kittery, and to incorporate the Second Parish in Chap. 75. said town, into a Town by the name of Eliot. [March 1, 1810.]

An Act to set off certain land from the District of Bethlehem, and annex the same to the Town of Becket. [March 1, 1810.]

Chap. 76.

An Act to incorporate Robert Hallowell Gardiner and others, by the name of The Chap. 77. Gardiner Cotton and Woollen Factory Company. [March 1, 1810.]

An ACT to establish The Derby Wharf Corporation. [March 1, 1810.]

Chap. 78.

An ACT to set off part of the Town of Winslow and annex the same to the Town Chap. 79. of Fairfax. [March 1, 1810.]

An Act to divide the Town of Pittston into two Parishes, and to establish the Chap. 80. lines between the east and west Parishes in the said Town.' [March 1, 1810.]

An Act in alteration of an Act entitled, “An Act to establish and incorporate a Chap. 81.

religious society in the Town of Easton in the County of Bristol, by the name of 1791 ch. 24. The Congregational Parish in Easton." [March 1, 1810.]

Chap. 82.

Chap. 83.

1799 ch. 65.

Chap. 84.

1807 ch. 75.

Preamble.

Writ of seizin

may be stayed

on the tenant's

paying one third part of the sum at

estimate the

within a year.

An ACT to incorporate a number of persons by the name of The Bible Society of
Maine. [March 1, 1810.]

An ACT to authorize the sale, by the German Protestant Society, in Waldobo-
rough, in the County of Lincoln, of a certain lot of Land belonging to said So-
ciety. [March 1, 1810.] See 1813 ch. 112.

An ACT in addition to an Act, entitled, "An Act for the limitation of certain real actions, and for the equitable settlement of certain claims arising in real actions."

WHEREAS in the third section of the Act, to which this is in addition, it is provided that if the tenant shall not pay into the clerk's office, for the use of the demandant, the sum with the interest thereof, at which the demanded premises shall be estimated by the jury, within one year next after the verdict shall have been given, a writ of seizin shall issue in favour of the demandant; and whereas it will be convenient to allow the tenant a longer time to pay the said estimated sum, with the interest therefor:

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That if the tenant shall, within one year after the said verdict, pay into the clerk's office as aforesaid, for the use aforesaid, one year's interest of the said sum, together with one third part of the said sum, and the costs of suit if taxed, the said writ of seizin shall further stay; and if the tenant shall within two years which the jury after the said verdict further pay into the clerk's office as demanded pre- aforesaid, one year's interest of two third parts of the said sum, mises, and one together with one other third part of the said sum, then the year's interest, said writ of seizin shall further stay, or otherwise it may issue; and if the tenant shall within three years after the said verdict pay into the clerk's office as aforesaid the remaining third part of the said sum, and one year's interest thereon, he having made the several payments aforesaid, he and his heirs shall have a good title to the demanded premises against the demandant and his heirs forever; but otherwise a writ of seizin shall issue in due course of law: Provided however, If the tenant and demandant, or either of them, shall die after the said verdict, the several payments aforesaid may be made by the tenant, his heirs, executors, or administrators, and the writ of seizin, if issuable, shall be sued in the name of the demandant, whether living or dead, against the tenant, whether living or dead; and when executed shall enure to the use and benefit of the demandant, or of his heirs in case of his death. [March 2, 1810.] Further add. act-1819 ch. 144.

Proviso.

Chap. 85.

An ACT to incorporate Benjamin Johnson and others by the name of The Lynn
Union Wharf Company. [March 3, 1810.]

Chap. 86.
Chap. 87.

An ACT to authorize the raising of a fund for the support of publick Schools in the
Town of Springfield. [March 3, 1810.]

An ACT to establish a Corporation, by the name of The Boston Neck Turnpike
Corporation. (March 3, 1810.]

Chap. 88.

An ACT to establish a Corporation by the name of The Worcester and Sutton
Turnpike Corporation. [March 3, 1810.]

An ACT to annex the Easterly Part of the Range of Lots on the Letter A, as origi- Chap. 89. nally surveyed by the Proprietors of Phipps's Canada, to the Town of Jay, in the County of Oxford. [March 3, 1810.]

An ACT to alter the time of holding the April Term of the Court of Common Pleas, Chap. 90. for the County of Norfolk. [March 3, 1810.]

An ACT to incorporate sundry persons, by the name of The Trustees of Donations Chap. 91. to the Protestant Episcopal Church. [March 3, 1810.] Add. act-1810 ch. 34.

An ACT for the security and preservation of Nick's Mate, an island in the harbour Chap. 92.

of Boston.

facing monu

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, any person or persons, Penalty for rewho shall take away, or cause to be taken away or removed moving gravel, with lighters or vessel of any description, any rocks, sand, clay &c, or for deor gravel, from the island of Nick's Mate, in the harbour of ment, &c. Boston, or who shall break down, injure, or deface the monument or building erected on said island, every such person shall forfeit and pay fifty dollars, for every such offence, with costs of suit, to be recovered in an action of debt in any court proper to try the same, one half to the use of the person or persons who shall prosecute for the same, and the other half to the use of this Commonwealth. [March 3, 1810.]

An Acr limiting the time of payment of Costs allowed in criminal prosecutions, and Chap. 93. for other purposes.

SECT. 1. BE it enacted by the Senate and House of Representa

tives, in General Court assembled, and by the authority of the same, 1791 ch. 53,&c. That all sums taxed or allowed, or which may hereafter be tax

three years af

ed or allowed, and all other charges which have arisen, or may Payment of arise, in any criminal prosecution before the Supreme Judicial costs limited to Court, or any Court of Common Pleas, and which by law are ter they are chargeable to the Commonwealth or county, shall be claimed taxed. and demanded by the person or persons who are or may be entitled to receive the same, of the county treasurer, within two years next after the passing of this Act, or within three years next after the same were or may be taxed or allowed, and not afterwards. And all persons not claiming or demanding such allowances within the time above limited shall be forever afterwards debarred therefrom. And it shall be the duty of every county treasurer, in his general account, required by law to be exhibited to the Governor and Council on the first Monday of June annually, to credit the Commonwealth with all such sums, allowed by the Supreme Court, remaining in the county treasury not claimed or demanded within the time above mentioned; and also for all sums taxed in any bill of cost on a criminal prosecution, for the fees of the attorney general or solicitor general, when no other person is entitled thereto, and the amount of such sums shall be deducted from the county treasurer's account against the Commonwealth; and every county treasurer shall account with his county for all sums received out of the treasury of the Commonwealth for jury fees, and for gaoler's charges for the maintenance of prisoners.

SECT. 2. Be it further enacted, That from and after the pas

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