Chap. 128. An Acr to incorporate the Town of Enfield. [Feb. 15, 1816.] Add. act-1818

ch. 34.

Chap. 129. An ACT to establish The Massachusetts Society for the Encouragement of Manufactures. Feb. 15, 1816.]

Chap. 130. An ACT in addition to the several Laws now in Force, providing for the Collection

1785 ch.46,&c.

Treasurers

may be ap

pointed collec

substitute deputies, who shall give bonds.

of Taxes.

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 passing of this Act, it may be lawful for the inhabitants of any town within this Commonwealth, at tors, and may their meeting in the month of March or April, annually, to appoint their treasurer a collector of taxes in their said towns; and the treasurer so appointed shall be, and hereby is empowered to substitute and appoint under him such number of deputies or assistants, as may be necessary; which deputies or assistants, so appointed, shall give bonds for the faithful discharge of their duty, in such sums, and with such sureties, as the selectmen of such town shall think proper; and the said collector and his deputies shall have the same powers as are vested by law in collectors of taxes, chosen by virtue of the Act now in force for that purpose.

1817 ch. 69.

1785 ch. 70.

Such abatement of the amount of

SECT. 2. Be it further enacted, That all such inhabitants of the said towns, who shall voluntarily pay the said collector, or his deputy, within thirty days next after the delivery of their taxes shall be made, on paytax bills, the amount of their respective taxes, shall be entitled ment at a given to an abatement of such sum, as said town at their annual meetday, as towns ing may agree upon, on the amount of their said taxes; and agree upon. such inhabitants, as shall voluntarily pay their taxes to the said collector or his deputy, within sixty days after the delivery of their tax bills, shall be entitled to an abatement of such sum as may be agreed upon as aforesaid, on the amount of their said taxes; and all such inhabitants as shall voluntarily pay to the said collector or his deputy, within one hundred and twenty days after the delivery of their tax bills, shall be entitled to an abatement on the amount of their said taxes, of such sum as may be agreed upon as aforesaid.

Taxes not paid

the collector.

1785 ch. 70.

SECT. 3. Be it further enacted, That all such taxes as shall as above, shall not have been paid in agreeably to the provisions of the sebe collected by cond section of this Act, shall and may be collected by the collector or his deputy or deputies, agreeably to the Act now in force for that purpose, passed March sixteenth, in the year of our Lord one thousand seven hundred and eighty-six, as also all taxes from persons whose credit they may consider doubtful at any time within the time specified in the aforesaid second section.

Duty of asses

act.

SECT. 4. Be it further enacted, That the assessors of any sors under this town, which shall, at their annual meeting, regulate the collection of their taxes, agreeably to the provisions of this Act, shall assess their taxes in due form, and deposit the same in the hands of the treasurer for collection, together with a warrant according to law, for that purpose, after he shall have been duly qualified, together with his deputy or deputies, and at the

same time shall post up notifications thereof, together with a copy of the second section of this Act, in one or more public places within said town. [Feb. 15, 1816.] Further add. act1817 ch. 69.

An ACT for promoting the Sale and Settlement of the Public Lands, in the District Chap. 131.

of Maine.

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

same, That there be, and hereby is established a land office for Land office and the management, sale and settlement of land belonging to this commissioners. Commonwealth in the District of Maine, under the superintendence of three commissioners, who shall, as soon as conveniently may be, be appointed by his Excellency the Governor, by and with the advice of Council, and upon the death, resignation or removal of either of them, the vacancy, thereby occasioned, shall be filled in the same manner.

SECT. 2. Be it further enacted, That the said land office shall office to be be kept in Boston, under the direction of said commissioners, kept in Boston. who shall be furnished with a suitable office, and a clerk and stationary, at the public expense; and said office shall be kept open at such stated hours as said commissioners shall direct. All maps, plans, charts, surveys, records, and other property, belonging to this Commonwealth, now in the possession of the agent for the sale of eastern lands, shall be delivered to the said commissioners by the said agent, as soon as they shall have opened their office and given notice thereof.

SECT. 3. Be it further enacted, That said commissioners, General powor a majority of them, shall have the care, superintendence ers of commisand management of all the land lying in the District of Maine, sioners. belonging to this Commonwealth, and shall be and hereby are invested with all and singular the powers and authorities which belong to the agent for the sale of eastern lands, or to any committee of Council in virtue of any acts or resolves of the Legislature, with power to make and carry into effect any contracts, and to execute and deliver any deeds or conveyances which the said agent or any committee as aforesaid might lawfully do in virtue of said acts and resolves, in as full and ample manner as if the same were herein specially recited: Said commissioners shall also perform such other duties, as by this Act or any law or resolve shall from time to time be committed to them.

SECT. 4. Be it further enacted, That the said commissioners, To cause suras soon as conveniently may be, shall cause to be surveyed or veys. otherwise ascertained, the boundaries of the lands of this Commonwealth in said District, and shall make and adopt all convenient regulations, and take the best measures for ascertaining as well the quantity of said land as the general quality of the soil in the different sections, and the lakes, rivers, mountains, minerals and natural productions; and they shall cause to be surveyed and laid out into townships, each as nearly as may be, six miles square, and to be divided into lots of one hundred acres, by running parallel lines through the same, all such tracts of land as may from time to time be designated by any law or resolve of the Legislature.

To ascertain what is best

adapted for

Provisos.

SECT. 5. Be it further enacted, That it shall be the duty of said commissioners to ascertain with all possible despatch, such townships, &c. tract or tracts of land as may be best adapted to be forthwith laid out into townships, and to report the same with their opinions thereon, and all material information in their power, relaTo contract for tive thereto, to the Legislature. And they are hereby autholaying out rized to treat and contract for the laying out, opening and comroads. pleting one or both of the roads leading from lands near the Penobscot and Kennebeck rivers, to the northern boundary of said District, which have heretofore been surveyed by order of the Legislature: Provided, contracts can be effected for defraying at least three-fourths of the expense of completing said roads by grants of land to the undertakers at a fair valuation. or by the proceeds of the sales of public lands due or growing due; they shall also have power to contract with the proprietors of lands whose title is derived from the Commonwealth, for a commutation of any settling duties which they are held to perform by the conditions of any grant or obligation, either by making roads through their respective lands in such directions, and upon such terms as said commissioners may determine to be conducive to the settlement and best interest of said District, or by a re-convevance, at a fair valuation, of portions of land originally granted; which lands, when conveyed, shall be appropriated for the purpose of making roads, or being conveyed to actual settlers, at the discretion of the commissioners aforesaid: Provided, That no such contract for a commutation shall be valid until the same shall have received the approbation of the Governor and Council, or, in the recess of the Council, of the Governor, and a committee of Council, specially appointed for this purpose.

Reservations

first settlers.

Provisos.

SECT. 6. Be it further enacted, That in every township to to be made for be laid out pursuant to this Act, the commissioners shall set apart fifty lots of one hundred acres each, of average quality and value, no two lots of which shall lie contiguous to each other, which shall be granted and conveyed to the first fifty settlers, in said township, upon the payment of five dollars for each lot: Provided, That application be made to said commissioners, and a certificate obtained from them, authorizing the person applying for the same to enter on and improve the lot applied for: Provided also, That every person, at the time of receiving such certificate, shall give bonds to the satisfaction of said commissioners, with condition that such settler, his heirs, or assigns, shall within one year from the date of said bond, build a house and barn upon such lot, and within five years from the date, clear up and make fit for the purposes of agriculture, at least ten acres of such lot; and upon the faithful performance of such condition, such settler, his heirs, or assigns, shall be entitled to, and receive a deed of the lot described in his certificate, conveying to him and them all the right and title -for minister of the Commonwealth to said lot; and said commissioners shall also set apart one lot of average quality and value, in each township, for the use of the first settled minister, one for the use of the ministry, and one for the use of schools in said township.

and school

jands.

SECT. 7. Be it further enacted, That the said commissioners, May sell lands. after making the aforesaid reservations, may, from time to time, and under such regulations as they may prescribe, expose and offer for sale, all or any part of the residue of the lots surveyed and laid out as aforesaid, upon such terms and conditions as they may deem best: Provided always, That no part of said Provisos. residue shall be sold for less than one dollar per acre: Provided also, That not more than five hundred acres shall be sold to any one person or association, in any one township, without the special order of the Legislature.

deeds.

SECT. 8. Be it further enacted, That the said commissioners To keep a reshall keep books and records of all contracts made by them, cord of their and of all deeds, grants and proceedings, and also a register contracts and in which shall be entered the name of every person making application for a settler's lot, and of the date of such application, and of the doings of said commissioners thereupon. And at least two of said commissioners shall be inhabitants of said District of Maine, and shall receive applications made for settlers' lots, and issue certificates for the same, under such regulations as said commissioners shall agree upon and provide.

duties.

SECT. 9. Be it further enacted, That a surveyor general Surveyor geneshall, (as soon as conveniently may be,) be appointed by his ral and his Excellency the Governor, by and with the advice of the Council, whose duty it shall be to execute, under the instructions of the said commissioners, the duties enjoined by this Act, and to do and perform all such other acts and duties appertaining to said office, as shall, from time to time, be prescribed by said commissioners, or by any Act of the Legislature; and he is hereby authorized to appoint from time to time, with the consent of said commissioners, one or more deputies, and to employ all necessary chainmen and labourers under him, who shall be sworn by him to the faithful performance of their respective duties, before commencing any survey; and he shall carefully set down on his plans, all roads, townships, lots or tracts of land by him surveyed, and return correct plans and field books, to said commissioners, with remarks and observations respecting all the objects provided for in the third section of this Act, so as to ascertain the same as far as may be practicable.

Commissioners

SECT. 10. Be it further enacted, That the said commissioners and surveyor general shall be respectively sworn to the faith- and surveyor ful discharge of the duties of their office before entering there- to be sworn. on, and shall respectively give bond to the Treasurer of this Commonwealth, with sureties to be approved by the Governor,

or in case of his absence the Lieutenant Governor or any two

members of the Council, with condition for the faithful perform- Disposition of ance of their said duties, and for the rendering a true account money. of all monies by them received, and for paying over, as herein provided, all monies and securities for money by them received and taken. And the said commissioners and surveyor general shall annually adjust and settle their accounts with the said treasurer or any committee of the Legislature, who may be appointed to examine and adjust the same; and they shall severally receive out of the treasury such compensation for their services, as the Legislature may hereafter establish and direct.

Reservation as

a fund for roads.

Limitation.

SECT. 11. Be it further enacted, That in every township which shall be surveyed, one fiftieth part thereof, of average value, shall be reserved as a fund for the purpose of making roads through said township.

SECT. 12. Be it further enacted, That this Act shall be in force for three years and until the end of the first session of the next General Court which shall be thereafter, and no longer Provided always, That the faith of the Commonwealth is hereby pledged for the performance and ratification of all contracts legally made before the expiration of said Act. [Feb. 15, 1816.] Continued-1818 ch. 116.

Chap. 132. An Act to incorporate The Middleborough Canal Company. [Feb. 16, 1916.] Chap. 133. An ACT enforcing the Right of this Commonwealth to Loans from the Banks with

Treasurer to

give notice in writing, when he occasion

has

for a loan.

Penalty for

in the same.

SECT. 1. BE it enacted by the Senate and House of Represen tatives, in General Court assembled, and by the authority of the same, That it shall be the duty of the Treasurer of this Commonwealth, whenever he shall have occasion to borrow any sum of money of any incorporated bank, under and by virtue of any authority for that purpose, given by any act or resolve of this Commonwealth, to give notice in writing to the presi dent or cashier of any such incorporated bank, of the amount which he has so an occasion to borrow, and demanding of said bank a loan of the same, conformably to the provisions of the Act incorporating such bank.

SECT. 2. Be it further enacted, That if any incorporated refusing a loan. bank aforesaid shall neglect or refuse, for the space of ten days, after notice given as aforesaid, to loan to the said treasurer the sum so demanded, said bank shall forfeit and pay, into the Treasury of this Commonwealth, the sum of two per cent. per month upon the amount of any sum so demanded as a loan, as aforesaid; and so after that rate, for a shorter or longer time, so long as the said neglect or refusal to comply with such demand of the said treasurer shall continue.

-to be recovered by action.

Loans to be equalized.

SECT. 3. Be it further enacted, That it shall be the duty of the said treasurer, at the expiration of one month after the said demand shall have been made, to cause to be instituted, in any court of competent jurisdiction, an action in the name and behalf, and for the use of this Commonwealth, against the bank so neglecting or refusing as aforesaid, for the recovery of the said penalty; and so, at the expiration of every succeeding month thereafter, from month to month, to cause to be instituted a similar action as aforesaid, for the amount of the penalty accruing for the neglect and refusal of the then next preceding month, so long as such neglect or refusal shall continue; and it shall also be the duty of the said treasurer, upon the obtaining judgment and execution on any such action or actions, to cause the amount thereof to be forthwith levied upon the goods, chattels, or lands of the bank, against which the same shall have been obtained.

SECT. 4. Be it further enacted, That it shall be the duty of the treasurer, in making the demand above specified, of any