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That in addition to the marks and brands now required by law New brand dito be impressed on every cask, keg or firkin of butter or lard, rected. duly inspected, there shall be impressed, by the inspector or deputy-inspector, with a brand, the word third, on any cask, keg or firkin of butter or hogs' lard, which shall appear to be of a quality correspondent; and each cask, keg or firkin of butter or lard, inspected as aforesaid, shall also be branded with the word butter, or lard, as the case may be.

SECT. 2. And be it further enacted, That for inspecting, Additional branding and weighing each cask, keg or firkin of butter or hogs' fees. lard, and delivering to the owner an invoice or weigh-note of the same, the inspector, or any deputy-inspector, shall have and receive three cents in addition to the four cents allowed in the Act to which this is in addition, to be paid by the purchaser of the same. And for each certificate required by law to be issued upon the inspection of butter or hogs' lard exported out of this Commonwealth, the inspector, or any deputyinspector, shall receive twenty cents, in addition to the ten cents heretofore established by law for such certificates. [March 3, 1801.] Further add. acts-1815 ch. 114: 1820 ch. 25.

An ACT to incorporate Benjamin Hodges and others into a Society, by the name of The Salem East-India Marine Society. [March 3, 1801.]

An ACT to establish an Academy at Nantucket, by the name of The Nantucket
Academy. March 3, 1801.] Repealed-1816 ch. 42.

An ACT in further addition to an Act, entitled, "An Act in addition to an Act, entitled, An Act for incorporating the several Religious Societies in New buryport, in the County of Essex." [March 6, 1801.]

An ACT to incorporate William Bond and others, Proprietors in Common of a certain Mine in Jodin Hill, so called, situate in the Town of Newfield, in the County of York, for the purpose of exploring and working said mine, and other purposes therein mentioned. [March 6, 1801.]

Chap. 60.

Chap. 61.

Chap. 62.

1793 ch. 44.

Chap. 63.

An ACT more effectually to prevent the Forgeries of Bank Bills. [March 6, 1801.] Chap. 64. Repealed-1805 ch. 88.

Chap. 65.

An ACT to continue in Force an Act passed in the year of our Lord one thousand seven hundred and ninety-six, entitled, "An Act establishing and regulating the Fees of the several Officers and other Persons hereafter mentioned, and for re- 1795 ch. 41. pealing the Laws heretofore made for that Purpose."

BE it enacted by the Senate and House of Represenatives, in General Court assembled, and by the authority of the same, That the said Act be, and hereby is continued in force, until the last day of June, in the year of our Lord one thousand eight hundred and two; any thing in any Act to the contrary notwithstanding. [March 6, 1801.] Further continued-1802 ch. 26: 1803 ch. 52: 1804 ch. 20.

An ACT for ascertaining the Ratable Estate within this Commonwealth. [March Chap. 66. 6, 1801.]

An ACT for providing a Passage for Fish from Mystic River to Eel Pond, so called, Chap. 67. in the Town of Malden. [March 7, 1801.] Add. act—1803 ch. 137. Revived

and extended-1805 ch. 87.

An ACT in addition to an Act, entitled, "An Act to regulate the Alewive Fishery Chap. 68. in the Town of Bridgewater, in the County of Plymouth, and for repealing all

Laws heretofore made for that Purpose," passed in the year of our Lord one 1796 ch. 39. thousand seven hundred and ninety-seven. [March 7, 1801.] Further add. act-1801 ch. 53. Repealed, with an exception-1818 ch. 83.

Chap. 69.

Chap. 70.

Land ceded

to the U. S.

risdiction re

tained.

An ACT to change the Names of Billy Hager, Sylvanus Coleman, the third, Alexander McLeod Clark, John Tyler, Rodolphus Stratton, James Allen, and John Parkman. [March 7, 1801.]

An ACT providing for the cession of a Tract of Land on Cape Poge, 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, That there be, and hereby is granted to the United States of America, a tract of land, not exceeding four acres, situated at that part of Martha's-Vineyard, called Cape Poge, for the purpose of erecting a light-house on the same; which quantity of land shall be laid out by the United States at the time of erecting said light-house, and a description thereof in writing entered in the registry of deeds in the county of Dukes County.

SECT. 2. Provided however, and be it further enacted, That Concurrent ju- the cession and grant aforesaid is upon this express condition, that this Commonwealth shall retain a concurrent jurisdiction with the United States, in and over the land aforesaid, so far as that all civil processes, and such criminal processes as may issue under the authority of this Commonwealth, against any person or persons charged with crimes committed without the land aforesaid, may be executed therein; in the same way and manner as though this cession had not been made and granted. [March 7, 1801.]

Chap. 71.

1799 ch. 82.

Chap. 72.

Chap. 73.

Chap. 74.

1795 ch. 55.

Assessors to make out an annual list of qualified vo

ters.

This section repealed1802 ch. 116.

Lists to be published.

An ACT in addition to an Act, entitled, "An Act, making further Provision in the
Judicial Department." [March 7, 1801.] Superseded by 1803 ch. 94.

An ACT determining the Times and Places of holding the several Courts of General
Sessions of the Peace, and the Courts of Common Pleas in the Counties of
Hampshire and Berkshire; and one Term of said courts in the County of Wor-
cester. [March 7, 1801.]

An ACT for regulating the taking and disposing of the Fish called Alewives
within the limits of the Town of Weymouth, and for the more effectually secur-
ing to the said Town the advantages thereof. [March 7, 1801.]

An ACT in addition to the several Acts for regulating Elections. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That it shall be the duty of the assessors of each town and district within this Commonwealth, on or before the first day of March, annually, to make out, and deliver to the selectmen thereof, a correct and alphabetical list of all such inhabitants of their respective towns or districts, as shall appear to them qualified by the Constitution of this Commonwealth, or of the United States respectively, to vote for Governor, LieutenantGovernor, Senators, Representatives in the General Court, or Representatives in Congress; which list, it shall be the duty of such town or district, at any time within ten days then next following, to revise and correct, as to them shall appear necessary, so that the same shall, in their opinion, be a complete list of such of the inhabitants within their respective towns or districts, as shall be constitutionally qualified to vote in the elections aforesaid. And the assessors of every plantation are alike required to furnish themselves with like lists, on or before the tenth day of March, annually; and it shall be the duty of the selectmen of the several towns and districts, and the assessors of plantations aforesaid, respectively to publish the said lists within their respective towns, districts or plantations, by causing true copies thereof to be posted up at two or more public places in such towns, districts or plantations, fourteen days at least before the first Monday in April, annually; and it shall also be the duty of the selectmen of such towns or districts, and the assessors of such plantations, to be provided with, and have a complete list as aforesaid, at every meeting for the choice of Governor, Lieutenant-Governor, Senators, Representatives of the General Court, or Representatives of Congress; which list shall at all times be so corrected, previous to the opening any such meeting, as to represent the qualified voters for the particular election then to be made; and no such meeting shall be opened at an earlier hour than eleven of the clock in

the forenoon of the day of election; and it shall be the duty of such selectmen or Selectmen to assessors to be in session at some convenient place, immediately preceding such sit to receive meeting, for so long time as they shall judge necessary to receive evidence of the evidence of qualifications of persons whose names have not been entered on the list published as qualification. aforesaid; and of the time and place of such meeting, public notice shall be given at the time the lists are published as aforesaid.

one list.

SECT. 2. Be it further enacted, That whenever a meeting is Senators to be holden in any town or place, for the purpose of choosing per- voted for on sons for Counsellors and Senators, the selectmen or assessors, presiding at such meeting, be, and hereby are directed to call on the voters in such meeting, qualified for choosing such officers, requiring each of them to give in their votes on one list for as many different persons as are then to be chosen to the

same office.

than one vote.

SECT. 3. Be it further enacted, That if any person, at any Penalty for meeting for an election for any of the officers aforesaid, giving more shall knowingly and designedly give in more than one vote or list, at any one time of balloting at any such election, he shall, in addition to the fine already provided by law, against any elector giving more than one vote in any election, forfeit and pay a fine not exceeding thirty dollars.

SECT. 4. Be it further enacted, That no person shall be permitted to give in his vote at any meeting of a town, district or plantation, holden for an election to any of the offices aforesaid, until the selectmen of such town or district, or the assessors of such plantation, presiding at such election, shall have had opportunity to inquire his name, and found the same in the list aforesaid; and any person wilfully voting contrary to the provision of this Act, or who shall give any false answer to such selectmen or assessors, being duly thereof convicted, shall forfeit and pay a fine not exceeding twenty dollars for each and every offence, according to the nature and aggravation thereof.

No person to vote till per

mitted by the selectmen.

selectmen.

SECT. 5. Be it further enacted, That if any selectman or Penalty for assessor of any town or district, or the assessors of any planta- negligence of tion shall knowingly and corruptly neglect, or refuse to comply with, or to perform the several duties respectively required of him or them, as pointed out in and by this Act, he shall, for each and every such offence, forfeit and pay a fine not exceeding fifty dollars, according to the nature and aggravation thereof.

SECT. 6. Be it further enacted, That all fines and forfeit- Recovery of ures for any breach of this Act, may be recovered by indict- fines. ment, before the Supreme Judicial Court, or by action of debt before any court proper to hear and determine the same; one 1783 ch. 12. half to the use of this Commonwealth, and the other half

to the use of any person who shall prosecute or sue for the

same.

SECT. 7. And be it further enacted, That this Act shall be in force from and after the first day of July next. [March 7, 1801.] Further add. acts-1802 ch. 116: 1804 ch. 117: 1806 ch. 26: 1809 ch. 127: 1813 ch. 68. 195.

An ACT respecting Boats and Lighters employed in transporting Stones, Gravel or
Sand, within this Commonwealth.

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

[blocks in formation]

Chap. 75.

Lighters to be

marked, and penalty for falsely marking.

1815 ch. 18.

Selectmen di

rected to apto mark boats,

point persons

&c.

1815 ch. 18.

Chap. 76.

6 Geo. I. ch. 7.

tatives, in General Court assembled, and by the authority of the same, That every boat or lighter, employed in transporting stones, gravel or sand, within this Commonwealth, shall be marked at light water mark, and, at least, at five other places, with the figures, four, twelve, sixteen, twenty-four, and thirty, legibly made, on the stem and stern post thereof; which figures shall express the weight such boat or lighter is capable of carrying, when the lower part of the respective numbers shall touch the water, in which the said boat or lighter shall float. And every person who shall use or employ any boat or lighter, for the purpose of transporting stones, gravel or sand, as aforesaid, which shall not be marked as in this Act is provided, shall forfeit and pay the sum of fifty dollars, to be recovered by an action of the case, in any court proper to try the same, by any person who will sue therefor. And any person who shall put, or cause to be put, on any boat or lighter as aforesaid, any false marks as aforesaid, shall be subject to the like penalty, to be recovered in like manner.

SECT. 2. And be it further enacted, That it shall be the duty of the selectmen, in any town where boats and lighters are owned, which may be employed in transporting stones, gravel or sand, as contemplated in this Act, to appoint annually, in the months of April or May, some suitable person, to ascertain the capacities of all such boats and lighters, and mark the same as is prescribed in this Act; who shall be under oath faithfully to perform the duty as herein prescribed. [March 7, 1801.] Add. act-1815 ch. 18.

An ACT for regulating the Manufacture and Sale of Bread. SECT. 1. 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 first day of April next, all sold by weight. soft bread, whether baked in loaves or biscuit, which shall be exposed to sale by any baker, or other person, shall be sold by weight.

Bread to be

Weights and

fering to sell bread not weighed and marked.

SECT. 2. Be it further enacted by the authority aforesaid, That all soft biscuit, which shall hereafter be offered for sale, shall marks directed. weigh four or eight ounces, and be marked with the initial of the baker's christian name, and his surname at length, and the weight of the biscuit; and all loaves of soft bread shall be of some one of the following weights, viz. one pound, two, three or Penalty for of four pounds, and be marked with the weight of the loaf, and the maker's name; and if any baker, or other person, shall offer or expose to sale any soft bread or biscuit, which shall not severally be marked, and conform to one of the weights before mentioned, every such person, so offending, shall forfeit and pay the sum of eight dollars, to be recovered by action of debt before any Justice of the Peace within and for the county where such offence shall happen, by any person who shall sue for the same, together with legal cost; one half of the penalty aforesaid to be for the use of the person who prosecutes, and the other half to the use of the poor of the town where such offence may be committed.

1788 ch. 12.

repealed.

SECT. 3. And be it further enacted, That all laws heretofore Former laws made for regulating the assize of bread, be, and hereby are repealed, from and after the first day of April next, excepting 1798 ch. 67. so far as relates to the recovery of any forfeiture, fine or penalty incurred, or which may be incurred previous to that time, by a breach of any of said laws. [March 7, 1801.]

An Act to apportion and assess a Tax of one hundred and thirty-three thousand, Chap. 77. four hundred and thirty-five dollars and thirteen cents; and providing for the Reimbursement of twenty-three thousand seven hundred and seventy-six dollars, paid out of the public Treasury to the Members of the House of Representatives for their Attendance the three last Sessions of the General Court. [Feb. 28, 1801.]

An ACT altering the Times of holding the Courts in the Counties of Hampshire and Chap. 1. Berkshire. [June 13, 1801.]

An ACT repealing Part of an Act passed the first day of March, one thousand seven Chap. 2. hundred and ninety-eight, entitled, "An Act for the Preservation of the Fish

called Salmon, Shad and Alewives in the Rivers, Streams and Waters, within the 1797 ch. 70. Counties of Lincoln and Cumberland, and for repealing all other Laws heretofore made for that purpose, so far as respects their Operation in said Counties." [June 13, 1801.]

An ACT to regulate the Alewive Fishery in the Brook running out of Wakepee Chap. 3. Pond, so called, into the Sea, in the Indian Plantation, called Marshpee, in the County of Barnstable. [June 13, 1801.] Add. act-1802 ch. 84.

An ACT in addition to an Act, entitled, “An Act to secure to Owners their Proper- Chap. 4. ty in Logs, Masts, Spars, and other Timber, in certain Cases." [June 16, 1801.] This act relates solely to Saco River. Further add. acts-1804 ch. 5. 95: 1806 ch. 118: 1807 ch. 84: 1815 ch. 51: 1817 ch. 84: 1818 ch. 91.

1793 ch. 42.

An ACT in addition to an Act, entitled, "An Act for incorporating Israel Waters, Chap. 5. and others, inhabitants of the Town of Charlton, into a Religious Society, by the name of The Proprietors of the New Congregational Centre Meeting-House in 1797 ch. 79. Charlton; and for repealing two Acts heretofore made, for incorporating the Congregational Church in said town," passed March the third, seventeen hundred and ninety-eight. [June 16, 1801.]

An ACT in addition to an Act, entitled, "An Act in addition to an Act establishing Chap. 6. a Supreme Judicial Court within this Commonwealth." [June 16, 1801.] This 1782 ch. 9. act respects clerks in Maine.

An ACT for the Preservation of a certain tract of Salt Marsh, lying in the Towns

of Scarborough, in the County of Cumberland, and Pepperelborough, in the Chap. 7.

County of York. [June 18, 1801.]

An ACT directing the Use and Appropriation of Part of the Money arising from the Chap. 8. Sale of the Common and undivided Lands of the Proprietors of the Town of Andover, and for other purposes therein mentioned. [June 18, 1801.]

An ACT directing the Use and Appropriation of Part of the Money arising from the

Sale of the Common and undivided Lands of the Proprietors of the Town of An- Chap. 9. dover, and for other purposes therein mentioned. [June 18, 1801.]

An ACT providing for the Appointment of Agents for demanding and receiving Fu

gitives from Justice, and for defraying the Expense of transporting them from oth- Chap. 10.

er States in the Union to this Commonwealth.

WHEREAS it is provided by the Constitution of the United Preamble. States, that "a person charged in any State with treason, felo

ny, or other crime, who shall flee from justice, and be found in 1782 ch. 31. another State, shall, on demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime:"-4 chap. And whereas by an Act of the Congress of the United States of America, passed on the twelfth day of February, in the year of our Lord one thousand seven hundred and ninety-three, it is among

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