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court, which shall accrue either to the county aforesaid, or the Commonwealth, shall forthwith pay the same to the treasurer of said county; and upon neglect thereof, for the space of ten days after such receipt, he shall forfeit and pay double the amount of such fine, forfeiture, or bill of cost, to such countytreasurer, who is hereby empowered and directed to sue for the same, to be recovered, with costs, by action of debt, in the Court of Common Pleas in the same county; one third of said Appropriation. penalty to the use of said treasurer, and the other two thirds to the use of said county of Suffolk.

SECT. 6. And be it further enacted by the authority aforesaid, When to com- That this Act shall take effect from and after the first day of mence opera- May next, and the first Municipal Court shall be held on the first Monday of June next ensuing.

tion.

Appeal allow

ed.

Chap. 82.

Chap. 83.

1785 ch. 50.

New warrant to be issued when the original is lost or destroyed by accident.

Chap. 84.

No butter to

be shipped unless inspected.

SECT. 7. Be it further enacted, That an appeal shall be had, from all sentences and judgments of the said Municipal Court, to the Supreme Judicial Court, in the same manner that appeals are had from the Court of General Sessions of the Peace. [March 4, 1800.] See 1800 ch. 44: 1808 ch. 21: 1812 ch. 133: 1813 ch. 178: 1822 ch. 13.

An ACT making further Provision in the Judicial Department. [March 4, 1800.]
Add. act--1800 ch. 71: Both superseded by 1803 ch. 94.

An ACT to empower Assessors, in certain cases, to renew Warrants to Constables
or Collectors.

WHEREAS the warrants issued by assessors to constables or collectors, for collecting taxes, may be lost or destroyed by accident:

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, the assessors, for the time being, of any town, district, parish, precinct, or other society by law empowered to raise money by taxes, whenever it shall be made to appear to them by any constable or collector of taxes in the town, or other such place or society as aforesaid, of which they are assessors, that an original or other warrant, issued and delivered to him for the collection of any certain tax committed to him, hath been lost or destroyed by accident, shall be and hereby are empowered to issue a new warrant to such constable or collector for collecting the same, which shall have the same force and effect as the original warrant. [March 4, 1800.]

An ACT to ascertain the Quality of Butter, and for the more effectual Inspection of the same.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That no person or persons whatsoever, from and after the first day of August next, shall ship any butter for exportation, before he shall first have submitted the same to the view and examination of the inspector or his deputy, who shall be appointed as is herein after provided; who shall inspect and prove all butter in casks, firkins or kegs that shall be intended to be laden on board any vessel for exportation. And every

specting.

such inspector, or his deputy, shall examine the casks, kegs, Manner of inor firkins containing the said commodity, intended to be exported as aforesaid, and with an hollow iron searcher shall, 1785 ch. 25, 14. from one side of the head of said casks, kegs or firkins, perforate diagonally to the other head, and thereby draw out so 1820 ch. 25. much butter as shall determine the quality of the whole; and see that it be preserved with a due proportion of good fine salt, sweet, and in all respects fit to be exported, without danger of spoiling, to any foreign market. And every cask, keg Casks, &c. to or firkin of butter, which, according to the inspector's best be branded. judgment appears to be good and merchantable as aforesaid, he shall distinguish by the words first or second ;* and all other [or thirdbutters hall be distinguised by the word Refuse, and branded in 1300 ch. 59.] plain legible letters, together with the letters MASS. and the name of the town where it shall be thus inspected, with the initial letters of his christian name and his surname at large. For which services, and for inspecting and weighing the same, and delivering to the owner an invoice or weigh-note, under his hand, of the weight of each cask, keg or firkin, he shall have and receive four cents, for every cask, keg or firkin so inspected, to be paid by the purchaser of the same.

[+ Further

brands-1815 ch. 114.]

Inspectors fees.

[Fee increased

--1800 ch. 59: 1815 ch. 114.]

SECT. 2. And be it further enacted, That from and after the first day of August next, every cask, keg or firkin, in which Casks, &c. butter shall be packed for foreign exportation, shall be made how to be of sound and well seasoned white-oak or ash staves and head- made. ing, full bound, twelve and an half inches in length, and eight and a half inches diameter in the head, or fifteen inches in length, and ten and an half inches diameter in the head.

Before butter is packed,

casks, &c. to be filled with

brine.

ly.

SECT. 3. And be it further enacted, That each cask, keg or firkin, before any butter be packed therein, shall be filled with a strong brine, which shall remain therein three days; and as soon as the brine is emptied from the cask, keg or firkin, it shall be weighed by the owner of such butter, who shall, with When emptied a marking-iron, mark on one of the heads thereof the full weight of to be weighed the cask, keg or firkin, and shall brand or imprint, with a burn- and branded. ing-iron, the initial letter of his christian name and his surname at large; and in case he shall falsely mark the same, Penalty for such owner, upon conviction thereof, shall forfeit three dollars. making falseSECT. 4. And be it further enacted, That no butter shall Vessels not to be exported out of this Commonwealth, unless the master or be cleared, owner of the vessel produces to the collector, or any other of- unless a certificate respectficer authorized by the laws of the United States to clear ves- ing butter on sels out, a certificate from the inspector-general or his deputy, board is exhithat the same has been inspected and branded according to the directions in this Act; each certificate shall express the number of casks, and their weight; and the master or owner of Masters or any vessel in which butter is so exported, on producing said owners of vescertificate, shall take and subscribe the following oath before the officer authorized as aforesaid:

I, A. B. of

bited.

sels to be sworn.

do swear that, according to the best of Form of the my knowledge and belief, the certificate hereunto annex- oath. ed, contains the whole quantity of butter on board

[blocks in formation]

Inspectors fees for certificate.

[Fees increased-1800 ch. 59.]

Penalty for delaying to inspect.

for

Master; and that no butter is shipped on board said vessel for the ship's company, on freight, or on cargo, but what is inspected and branded according to the Law of this Commonwealth. So help me God. And every inspector or deputy-inspector shall receive ten cents, for every certificate so given; and it shall be his duty to give certificates whenever required.

SECT. 5. And be it further enacted, That if any inspector of butter (according to the duties of this Act) shall, on application made for the examination of any butter as aforesaid, unreasonably refuse, neglect or delay to proceed to such examination and inspection, for the space of three hours after such application so made to him, the inspector so refusing, neglecting or delaying to make such examination or inspection, shall, for each offence, forfeit the sum of two dollars.

SECT. 6. And be it further enacted, That if any person shall counterfeit any brand belonging to, or proper to be used by the said inspector or any of his deputies, or shall impress or brand counterfeiting any cask, keg or firkin of butter with any brand or brands of such inspector, or with any counterfeit brand as aforesaid, he shall forfeit and pay, for each offence, the sum of ten dollars.

a brand.

Penalty for putting bad butter in a

branded keg.

Recovery of fines.

make annual

SECT. 7. And be it further enacted, That if any person shall empty any cask, keg or firkin of butter, inspected and branded as by this Act is required, and put in any other butter, for sale or exportation, without first cutting out the said brands and marks, the person or persons so offending shall, for each such cask, keg or firkin, forfeit and pay the sum of ten dollars.

SECT. 8. And be it further enacted, That all fines and forfeitures mentioned in this Act, shall and may be sued for and recovered, with costs, by any person, to his own use, before a Justice of the Peace, or any other court proper to try the same, with liberty of appeal, as in other civil actions.

SECT. 9. And be it further enacted, That there shall be an Inspector be inspector of butter for the Commonwealth, who shall be skillappointed. To ed in the knowledge and properties of the same, to be appointreturns to the ed by the Governor, with the advice and consent of the CounSecretary's office-1815 ch. 38.]

To be under bonds.

cil, to be by them removable at pleasure; and who, before he shall enter upon the duties of his office, shall give bond, with sufficient sureties, to the Treasurer of the Commonwealth, in the penal sum of one thousand dollars, for the faithful discharge of his duty, and shall also be sworn faithfully to disInspectors may charge the same. And such inspector shall have power, when appoint depu- so qualified, to appoint and shall appoint deputy-inspectors in every seaport town where butter is exported, and such other places as he shall judge necessary, for whom he shall be answerable, and shall take bonds from them, with sufficient surety or sureties, in the penal sum of five hundred dollars, for the faithful discharge of their duty, and they shall also be sworn to the faithful discharge of their duty.

ty-inspectors.

Former laws repealed.

1785 ch. 25.

SECT. 10. And be it further enacted, That all former laws. respecting the inspection of butter, so far as they relate to the

same, be and hereby are repealed: Provided nevertheless, That they shall be considered as in full force with regard to all actions and prosecutions which may be now depending for any penalty or forfeiture incurred by breach of the same. [March 4, 1800.] Add. acts-1800 ch. 28.59: 1815 ch. 114:1820 ch. 25.

An ACT in addition to an Act, entitled, "An Act, to prevent the Destruction of the

Fish called Alewives, in Taunton-Great-River (so called) in the County of Bris- Chap. 85.

tol and also to regulate the catching the said Fish therein for the future." 1792 ch. 62. [March 4, 1800.] Repealed-1815 ch. Ï19.

An ACT exempting Muscongus-River, in the Town of Waldoborough, from the Chap. 86. Operation of all Laws regulating the Salmon, Shad and Alewive Fisheries in said

Town. [March 4, 1800.]

An ACT providing for the public Worship of God, and other Purposes therein men- Chap. 87. tioned, and for repealing the Laws heretofore made relating to this subject.

4 W. & M.

M. ch. 20.

4 Geo. I. ch. 1.

SECT. 1. BE it enacted by the Senate and House of Represen- ch. 11. tatives, in General Court assembled, and by the authority of the 4 & 5 W. & same, That the respective churches, connected and associated 7w. III. ch. 9. in public worship with the several towns, parishes, precincts, 1 Anne ch. 3. districts, and other bodies politic, being religious societies, es- 16 Geo.II.ch.1. tablished according to law, within this Commonwealth, shall, 33 Geo. II.ch.1. at all times, have, use, exercise and enjoy, all their accustomed Liberty of worprivileges and liberties, respecting divine worship, church ship, &c. conorder and discipline, not repugnant to the Constitution of this Commonwealth, and shall be encouraged in the peaceable and regular enjoyment and practice thereof.

firmed.

teacher of

SECT. 2. Be it further enacted, That every corporate town, Every town, parish, precinct, district, and other body politic or religious &c. to be prosociety aforesaid, is hereby required to be constantly provided vided with a with a public protestant teacher of piety, religion and morali- piety, &c. ty; and in default of being so provided and supplied, for the term of three months in any six months, such town, parish, precinct, district, and other body politic or religious society, which shall, in the judgment of the Court of General Sessions of the Peace for the same county, be adjudged of sufficient ability to be so provided, shall pay a fine, for a first offence,

of a sum not exceeding sixty dollars, nor less than thirty, Penalties for and for each and every like offence after the first, a fine not neglect. exceeding one hundred dollars, nor less than sixty dollars, together with costs of prosecution; such fine to be recovered Fines, how reby indictment in the Court of General Sessions of the Peace covered. in the county where such delinquency may happen, and levied on the inhabitants composing such town, parish, precinct, district, and other body politic or religious society so delinquent, in the same manner as other fines are levied on the inhabitants of towns. And every such fine shall be disposed of, by order of said court, to the support of the public worship of God in such religious society in the same county, as, in the opinion of said court, shall stand most in need thereof.

Appropriation.

SECT. 3. Be it further enacted, That any contract made by Contracts with such town, parish, precinct, district, and other body politic or ministers, to religious society, with any such public teacher aforesaid, as be binding. may be by them respectively chosen for their teacher or religi

Assessments

ous instructor, shall have the same force, and be as binding on such corporation or religious society, as any other lawful contract; and all courts of competent jurisdiction, shall have power to sustain suits brought to enforce their performance.

And in order that all the citizens of this Commonwealth may, according to the wise and reasonable provision of the Constitution, be alike required to contribute to the support of their public teachers aforesaid:

SECT. 4. Be it further enacted, That every town, parish, precinct, district, and other body politic and religious society aforesaid, is hereby authorized to cause all sums of money by be made on all them respectively voted to be raised, from time to time, in any

for money, to

the ratable

polls, except Quakers.

1797 ch. 23.

11 Geo. III.

Case of a per

son's being as sessed by one

religious society who belongs to another.

Certificate.

Form of the certificate.

1811 ch. 6.

legal meeting duly assembled and holden for that purpose, for the settlement or support of any public teacher or teachers as aforesaid, or the building or repairing any house or houses of public worship, to be assessed on all the ratable polls and property within each particular corporation or religious society aforesaid (the polls and estates of Quakers excepted) in the same proportion as state or town taxes are by law assessed. And such sums of money, when so assessed and collected, shall be paid into the treasury of such town, if composed of one parish or society; if otherwise, to the treasurer of the parish, precinct, district, or other body politic or religious society aforesaid, to be by him paid out as directed and ordered by the selectmen of such town or district committee (where chosen) or otherwise by the assessors of such parish, precinct, and other body politic or religious society, for the purposes for which such money was raised: Provided however, That when any person taxed in any such tax or assessment voted to be raised as aforesaid, for the purposes aforesaid, being at the time of voting or raising any such tax or assessment of a different sect or denomination from that of the corporation, body politic or religious society by which said tax was so assessed, shall request that the tax set against him or her, in the assessment made for the purposes aforesaid, may be applied to the support of the public teacher of his own religious sect or denomination; such person, procuring a certificate signed by the public teacher on whose instruction he usually attends, and by two other persons of the society of which he is a member (having been specially chosen a committee to sign said certificate) in substance as follows, viz.

in

and

WE, the subscribers, A. B. public teacher of a society
of the religious sect or denomination called
the town, district, precinct or parish of
C. D. E. F. committee of said society, do hereby certify
doth belong to said society, and that he
or she (as the case may be) frequently and usually, when
able, attends with us in our stated meetings for religious
worship.

that

Which certificate having been produced to the selectmen, committee or assessors (as the case may require) of the town,

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