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An ACT establishing The Union Religious Society, in the Towns of Weymouth Chap. 50. and Braintree. [Feb. 21, 1911.]

An ACT to confirm the Town of Eden in their title and possession of a certain lot Chap. 51. of land. [Feb. 21, 1811.]

An ACT establishing The First Baptist Society in Belfast. [Feb. 21, 1811.]

An ACT supplementary to an Act, entitled, "An Act to incorporate James Sulli van and others, under the name of The Proprietors of the Middlesex Canal." [Feb. 21, 1811.] Further add. acts-1812 ch. 113. 115: 1814 ch. 100.

An ACT to cede to the United States the jurisdiction of the Tracts of Land which shall be required for the Light-House, authorized by Congress to be erected at the entrance of the harbour of Scituate.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the

Chap. 52.
Chap. 53.

1793 ch. 21.

Chap. 54.

same, That the United States of America may purchase or take, U. States as hereafter is provided, any tracts of land, not exceeding six authorized to acres, which shall be found necessary for the light-house au- purchase land. thorized by Congress to be erected at the entrance of the harbour of Scituate, within this Commonwealth, and may hold the same during the continuance of the use and appropriation aforesaid, reserving to this Commonwealth exclusive jurisdic- Jurisdiction retion over the land aforesaid, except so far as may be necessary served. to enable the United States to carry into effect the object

aforesaid.

SECT. 2. Be it further enacted, That if the agent or person Committee employed for the United States, and the owner or owners of appointed to any tract or tracts of land which shall be found necessary for appraise, &c. the said light-house, cannot agree in a sale and purchase there- in case of disaof, such agent or person employed may apply to the Hon. Seth greement. Sprague, Joshua Thomas, and Nathan Rice, Esqrs. who are hereby appointed a committee to determine a just equivalent to the owner or owners of such land, which committee shall be sworn before some Justice of the Peace, for the faithful discharge of their trust, and shall forthwith proceed to view, set off, and appraise such tract or tracts of land, and shall make return of their doings to the Court of Common Pleas, within and for the county wherein the land lies; which award and return being accepted by the court, and a description of the land so set off entered in the registry of deeds in the county wherein the land lies, and the amount of such appraisement being paid to the owner or owners of the land appraised and set off by such committee, or if the owner or owners shall not appear, or shall refuse to receive the same, to such person or corporation, for the use of the owner or owners, as the same court shall order, the tract or tracts of land, so appraised and set off, shall be vested in the United States, and may be taken, possessed and appropriated for the purposes aforesaid: Provided, That all charges of such application and appraise- Provisos. ment shall be paid by the United States; and provided also, that if the person or persons, whose lands shall be taken for the purposes aforesaid, shall find himself aggrieved by the doings of said committee in estimating the value of said land, he may apply to the Court of Common Pleas, to be holden within and for the county of Plymouth, at the term when the return of

Chap. 55.

Chap. 56.

1807 ch. 49.

Chap. 57.

Chap. 58.

Chap. 59.

Chap. 60.

1800 ch.47.

Chap. 61.

Chap. 62. Chap. 63.

1808 ch. 63.

Chap. 64.

1783 ch.5.

Chap. 65.

Chap. 66.

Chap. 67.

1805 ch. 58.

Chap. 68.

Chap. 69.

Chap. 70.

Chap. 71.

Chap. 72.

said committee shall be made, or at the term next after the ac
ceptance of the return of said committee; and the said court is
hereby empowered to hear and finally determine the same by
a jury, under oath, to be summoned by the sheriff or his de-
puty for that purpose, if the person complaining desire the
same. [Feb. 21, 1811.]

An ACT to incorporate the Proprietors of The First Congregational Meeting-
House, in Nantucket. [Feb. 21, 1811.}

An ACT in addition to an Act, entitled, "An Act to incorporate certain persons
for the purpose of building a Bridge of over Androscoggin River, at Lewiston,
between the Twenty Mile Falls and the Ferry Way." [Feb. 21, 1811.] Further

act-1314 ch. 97.

An ACT establishing The Kingston Cotton and Woollen Manufactory. [Feb.
22, 1811.]

An ACT to incorporate the plantation of Eddington into a Town, by the name of
Eddington. [Feb. 22, 1811.]

An ACT to incorporate certain persons, therein named, as Trustees, to improve
and manage a fund towards the support of Grammar Schools in the Town of
Lincoln. [Feb. 22, 1811.]

An ACT to amend an Act, entitled, "An Act to establish the dividing line between Vassalborough and Harlem, in the County of Kennebeck," passed on the seventeenth day of February, in the year of our Lord one thousand eight hundred and one. [Feb. 22, 1811.]

An ACT authorizing the sale of the Ministerial Lands in the Town of Templeton, in the County of Worcester, to raise a fund for the support of the ministry. [Feb. 25, 1811.]

An ACT to alter the line between the Counties of Lincoln and Kennebeck. [Feb. 25, 1811.]

An ACT to repeal a part of an Act, entitled, "An Act to repeal certain Acts concerning meadows and beaches in the north part of Harwich." [Feb. 25. 1811.]

An ACT in addition to an Act, entitled, "An Act for incorporating the Proprietors of Mattakessett Creeks (so called) in the Town of Edgartown, in the County of Dukes County, into a body politic, by the name of The Proprietors of the Mattakesset Creeks, and also for the regulating and better improving the low grounds and meadows adjoining the said Creeks, and Great Pond, (so called) in the said Town." (Feb. 25, 1811.]

An ACT to annex Bucks Harbour Neck to Machias. [Feb. 25, 1811.}

An ACT to enable the inhabitants of the town of Lovel, in the County of Oxford, to sell and appropriate their Parsonage Lands, to establish a fund for the support of the Gospel Ministry. [Feb. 25, 1811.]

An ACT for allowing a further time to the Housatonic River Turnpike Corporation to complete their road. [Feb. 25, 1811.]. Further acts-1815 ch. 24: 1816 ch.

34: 1820 ch. 5.

An ACT establishing the First Congregational Society in Lyman. [Feb. 25, 1811.] An ACT to incorporate a number of persons in the Town of Amesbury, as a religi ous society, by the name of The First Baptist Society in Amesbury. [Feb. 25, 1811.]

An ACT to incorporate and establish a society, by the name of The Berkshire Agricultural Society, for the promotion of Agriculture and Manufactories. [Feb. 25,

1811.

An ACT to incorporate the Wiscasset Female Asylum. [Feb. 25, 1811.]
An ACT authorizing the sale of Ministerial and School Lands in the Town of Far-
mington, and for other purposes. [Feb. 25, 1811.]

An Acr in further addition to an Act, entitled, " An Act providing for the appoint- Chap. 73. ment of Inspectors, and regulating the manufactory of Gunpowder."

1808 ch. 52.

furnish a

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Quarter-masquarter master general be, and he is hereby directed to fur- ter-general to nish each inspector of gunpowder within this Commonwealth, howitzer to inwith a howitzer, of the description mentioned in the act to spectors of which this is in addition, the expense of procuring the said gunpowder,&c. howitzers to be paid out of the treasury of this Commonwealth, and the said inspectors shall be responsible for the safe keeping of the said howitzers. [Feb. 25, 1811.]

An ACT in addition to an Act, entitled, "An Act to incorporate the Wardens and Chap. 74. Vestrymen of the Episcopal Church of St. Andrew's, in Scituate, into a society,

by the name of The Episcopal Protestant Society of St. Andrew's Church, in 1796 ch. 55. Scituate," passed the twenty-third of February one thousand seven hundred

and ninety-seven. [Feb 25, 1811.] See 1816 106.

An ACT to set off Charles Morris and James H. Morris from the first and second Chap. 75. parishes in the Town Scarborough, and to annex them to the first parish in Gor

ham. [Feb. 25, 1811.]

An ACT supplementary to "An Act establishing the Sixteenth Massachusetts Turn- Chap. 76. pike Corporation." [Feb. 25, 1811.]

An ACT establishing the Sandy Bay Pier Company. [Feb. 25, 1811.]

An ACT establishing The First Baptist Society in Waterborough, Phillipsburg, and
Lyman. [Feb. 25, 1811.]

1802 ch. 67.

Chap. 77.

Chap. 78.

An Act to ascertain the Ratable Estate within this Commonwealth. [Feb. 25, Chap. 79.

1811.]

criminal cases.

An ACT granting relief to defendants in actions of Scire Facias, in certain cases. Chap. 80. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Courts authoin all actions of scire facias, now pending, or which may be here- rized to grant after brought in the name and on behalf of the Commonwealth, relief on recogeither in the Supreme Judicial Court, or any Court of Common nizances in Pleas, to recover the penalty or forfeiture of any recognizance taken or entered into in criminal prosecutions, either by principal or sureties, or by witnesses, to appear at either of the aforesaid courts, and give evidence on the part of the Commonwealth, when the forfeiture, breach, or non performance of the condition of such recognizance shall be found by the default or confession of the party, or by verdict of a jury, or upon demurrer, the court before which such action may be brought may render judgment therein for the Commonwealth, according to the circumstances of the case, and the situation of the party, and may remit either the whole or any part of the penalty of such recognizance, upon such terms and conditions as to them shall seem reasonable and just, any law or usage to the contrary notwithstanding. [Feb. 26, 1811.]

An ACT to cede to the United States the jurisdiction of Boon Island, near the harbour of York, in the District of Maine.

Chap. 81.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Grant to the the jurisdiction of Boon Island be and hereby is granted to the U. States. United States of America, for the purpose of erecting a light

Grant to be

void in case of neglect.

risdiction retained.

house on the same: Provided however, that if the United States neglect, for the term of four years from the date of this grant, to erect a light-house, and keep the same in good repair, and in a state useful to navigation, then this grant shall be void. Provided also, that this Commonwealth shall retain, and does hereConcurrent ju- by retain a concurrent jurisdiction with the said United States in and over the said island, so far as that all civil and criminal processes, issued under the authority of this Commonwealth or any officers thereof, may be executed on any part of the said island, or in any buildings which may be erected thereon, in the same way and manner as if the jurisdiction had not been Further pro- granted as aforesaid: And provided also, that if the said United States shall at any time hereafter, make any compensation to any of the United States for any cession made for the like purposes of this grant, like compensation shall be required by this Commonwealth of the United States for the present grant, according to its value. [Feb. 26, 1811.]

viso.

Chap. 82.

Chap. 83.
Chap. 84.

Cross executions to be offset.

Proviso.

An ACT to regulate the taking Fish in the river Saint Croix. [Feb. 26, 1811.]
An ACT to incorporate The Bible Society of Salem, and its vicinity. [Feb. 26,
1811.]

An ACT to direct Officers in the levy of Executions.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That whenever it shall happen that any sheriff, coroner, or other officer, authorized by law to serve executions, shall at the same time have several executions, wherein the creditor in one execution is debtor in the other, that in such case any such officer is hereby empowered and directed to cause one execution to answer and satisfy the other, so far as the same will extend. Provided always, that this act shall not be construed to extend to any judgments or executions wherein the creditor in one execution is not in the same capacity and trust debtor in the other. And provided also, that nothing in Attornies' lien, and bona fide this act shall be construed to affect or discharge the lien which any attorney has or may have upon any judgments or executions for his fees and disbursements, or to affect the rights of any person to whom, or for whose benefit the same judgments, or executions, or the original cause of action thereof may have been assigned bona fide and without fraud. [Feb. 26, 1811.]

assignments,

not o be affected.

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An ACT to establish the Baptist and Independent Society in Chester, in the County of Hampshire. [Feb. 26, 1811.]

An ACT requiring the Trustees of the property of Minors and others to give bond in certain cases.

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 persons, other than bodies corporate, who are or shall be constituted trustees of any estate, real, personal or mixed, belonging to minors, or other persons, or to whom such estate has been or may be devised in trust for such minors or other persons, by the last will and testament of any person, shall give bonds to the Judge of Probate for the county in which such last will and testament hath been or shall be proved and approved, with sufficient surety or sureties, in such sum as the said Judge of Probate shall direct and order, conditioned for the faithful performance and execution of such trust, according to the terms, conditions and directions of the testator in such last will and testamentexpressed and contained, and also conditioned that during the existence

of such trust, the trustee shall faithfully improve the aforesaid estate of such minors or
others to the best advantage, according to the true intent and meaning of the testa-
tor, and that he shall make a true and perfect inventory of such minors, and other
persons, goods and estate, to be returned into and filed in the Probate office in such
county, at such time as the Judge of Probate shall order, and that he will annually
render an account to the said Judge of Probate of the annual income and profits
thereof, and at the expiration of such trust, that he will adjust and settle his ac-
counts with the said Judge of Probate, and pay and deliver over all balances and
sums of money or other property that may be due to them, and give possession of
such other estate as may belong to the said minors and others, with which such trus-
tees may have been entrusted. Provided however, that no person or persons, who Provise.
have heretofore been appointed trustees as aforesaid, and who have entered upon
the execution of the trust, shall be obliged to give such bonds, or be subject to any
of the requirements of this act, unless they shall be cited to appear before the afore-
said Judge of Probate upon complaint in writing, and it shall be made to appear to
the said judge, upon a full hearing, after such citation, that it is necessary that
such bond should be given to secure the faithful performance of the trust created by
said last will and testament.

SECT. 2. Be it further enacted, That all persons who have been, or who shall be constituted trustees of such estate as aforesaid, belonging to minors or others, or to whom such estate has been or may be devised in trust in manner as aforesaid, who shall neglect or refuse to give such bonds, shall be considered as having declined the acceptance of, or relinquished such trust, and all the duties and responsibilities thereof; and the trustee or trustees, who may be appointed by the said Judge of Probate as is hereinafter provided, shall and may thereupon be authorized to demand and receive of the trustees, first appointed as aforesaid, all such estate which may have come to their hands by virtue of such trust, and to manage, improve, pay and deliver over such property to said minors and others, in the same manner and under the same rest ictions, obligations and duties, as guardians are now by law obliged to do in other cases.

SECT. 3. Be it further enacted, That in all cases where a breach of the conditions of such bond shall happen or be committed, such bond may be put in suit, by order of the Judge of Probate to whom such bond shall be given, for the benefit of either, all or any of the said minors or other persons; in which case the proceedings may and shall be the same as are already provided in similar cases in and by an Act, entitled An Act for regulating the proceedings on probate bonds in the courts of comnon law, and directing their form in the Supreme Court of Probate. SECT. 4. Be it further enacted, That the said Judges of Probate be, and they are hereby authorized to appoint one or more suitable persons, trustee or trustees of the estate of such minor or other person, in case the person or persons appointed trustee or trustees, in and by the last will of a deceased person, shall decline the acceptance of the trust, or in case such trustee shall neglect or refuse to comply with the provisions of this act; and the person or ersons so appointed by the Judge of Probate trustee or trustees, as aforesaid, sha be holden and bound by the provisions of this act, in the same way and manner as if he or they had been appointed in and by the will of such deceased person.

Trustees neglecting to give bonds, to be considered as declining the

trust.

Trustees' bonds
may be sued
as other pro-
bate bonds.
1786 ch. 55.

Persons to be appointed trustees by Judge of Probate, in case

SECT. 5. And be it further enacted, That any person aggrieved at any order, sentence, decree or denial of any Judge of Probate upon any such citation or pro- Appeal. ceeding thereon, may appeal therefrom to the next Supreme Court of Probate to be held in the same county, and the same proceedings shall be had thereen in all respects, as are now by law held on other appeals from the Courts of Probate. [Feb. 25, 1811.] Repealed-1817 ch. 190, § 45.

An Act to set off Gideon Hawley, Esq. with his poll and estate, from the District of Chap. 87. Marshpee, to the Town of Sandwich, in the County of Barnstable. [Feb. 26, 1811.]

An ACT for the preservation of Salmon, Shad and Alewives, in Penobscot River,

and the streams emptying into said river, and for repealing certain laws hereto Chap. 88. fore made for that purpose. [Feb. 26, 1811.]

An ACT to establish the Baptist Society of Newbury and Newburyport. [Feb. 26, Chap. 89. 1811.] Add. act-1811 ch. 107.

An ACT to alter the times of holding the Supreme Judicial Court in the Counties of Chap. 90. Middlesex, Worcester, and Berkshire. [Feb. 26, 1811.]

An ACT for altering the times of holding the terms of the Supreme Judicial Chap. 91. Court, in the Counties of Norfolk, Bristol, Plymouth, and Barnstable. [Feb. 26, 1811.]

An ACT to provide for the Location of certain Reserved Lands. WHEREAS, in grants of townships, or parts of townships,

Chap. 92.

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