with strong liquors of any kind, and shall be thereof convicted, shall forfeit and pay a fine of ten dollars, for every such offence, to be recovered in form and manner as is provided in the Act to which this is in addition, and shall also forfeit his or her license, not to be renewed again for three years; any law to the contrary notwithstanding. [Feb. 12, 1819.]

An ACT to establish the Town of Atkinson. [Feb. 12, 1819.]

An ACT to incorporate the Town of Knox. [Feb. 12, 1819.]

Chap. 66.
Chap. 67.

An Act to regulate the Fisheries in the Town of Waldoborough. [Feb. 12, Chap. 68. 1819.]

An ACT to incorporate the First Baptist Society in Danvers. (Feb. 12, 1819.]

Chap. 69. An ACT to set off Caleb Faxon, with his family and estate, from the Town of Dor- Chap. 70. chester, and annex them to the Town of Quincy. [Feb. 12, 1819.]

An ACT to incorporate The President, Directors and Company of the Commercial Chap. 71. Bank. [Feb. 12, 1819.]

An Act to incorporate the First Congregational Parish, in the Town of Limington. Chap. 72. [Feb. 13, 1819.]

An ACT in addition to an Act, entitled "An Act for establishing a Corporation, by Chap. 73. by the name of the Eighth Massachusetts Turnpike Corporation." [Feb. 13, 1799 ch. 48. 1819.] Further act-1820 ch. 71.

An ACT to incorporate the President, Directors and Company of the Bank of Port- Chap. 74. land. [Feb. 13, 1819.] Add. act-1819 ch. 6.

An ACT to incorporate the Town of Thorndike. [Feb. 15, 1819.]

An ACT to incorporate the Proprietors of Merchants' Hall, in Boston. 1819.]

An ACT to incorporate the Newburyport Howard Benevolent Society. 1819.]

Chap. 75.

[Feb. 15, Chap. 76.

[Feb. 15, Chap. 77.

An Act to establish the Portland Marine and Fire Insurance Company. [Feb. Chap. 78. 15, 1819.]

An ACT to establish the Town of Newburgh. (Feb. 15, 1819.]

Chap. 79.

An ACT to incorporate the East Parish in Randolph. [Feb. 15, 1819.]

Chap. 80.

An ACT in addition to the several Acts for regulating the Fishery, in Seven Mile Brook, in the Town of Vassalborough, in the County of Kennebeck. [Feb. 15, 1819.]

Chap. 81. 1809 ch.51, &c.

Chap. 82.

1803 ch. 98.

An ACT discharging the Union Turnpike Corporation from their liability to maintain part of said road. [Feb. 15, 1819.] See 1819 ch. 80. An ACT to repeal all laws heretofore made, for regulating the Alewive Fishery, in Chap. 83. the Towns of Bridgewater and Halifax, in the County of Plymouth. [Feb. 15, 1819.]

An ACT authorizing the Proprietors of the Upper Locks and Canals, on Connecticut Chap. 84. River, to reduce the width of the same. [Feb. 15, 1819.]

An ACT to incorporate the Second Parish of Ipswich into a Town, by the name of Chap. 85. Essex. [Feb. 15, 1819.]

An ACT to incorporate the Second Congregational Society in the First Parish in Chap. 86. Springfield. [Feb. 15, 1819.] Add. act-1819 ch. 82.

An ACT to repeal the eighth section of an Act, entitled "An Act to incorporate the Chap. 87. President, Directors and Company of the Suffolk Bank." [Feb. 16, 1819.)

1817 ch. 92.

Chap. 88.

1782 ch.57.

An ACT to repeal an Act, entitled “An Act for establishing a Salary, of a fixed and permanent value, for the Governor, and repealing a law heretofore made for that purpose."

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, Act repealed. That an Act, entitled, "An Act for establishing a salary, of a fixed and permanent value, for the Governor, and repealing a Law heretofore made for that purpose," passed on the thirteenth day of February, in the year of our Lord one thousand seven hundred and eighty-nine, be, and the same hereby is repealed. [Feb. 16, 1819.] See 1780 ch. 5.

Chap. 89.

Chap. 90.

Chap. 91.

1817 ch. 84. 1793 ch. 42.

An ACT incorporating the Pittsfield Mutual Fire Insurance Company. [Feb. 16, 1819.]

An ACT to incorporate the Proprietors of Suffolk Wharf, in the Town of Boston. [Feb. 17, 1819.)

An ACT explanatory of an Act, entitled “An Act in addition to the several laws
now in force, to secure to owners, their property in Logs, Masts, Spars, and
other Timber." [Feb. 17, 1819.] This Act relates wholly to Maine.

An ACT to authorize the Sale of certain Lands of the Proprietors of the Meeting
House of the First Religious Society in Newburyport. (Feb. 17, 1819.)

An ACT providing for the payment of one Tenth Part of the State Debt. [Feb. 18,
1819.]

Chap. 92.

Chap. 93.

Chap. 94.

Chap. 95.

An ACT to incorporate William Ingalls, and others, into a Society, by the name of
a Republican Institution, in the Town of Boston. (Feb. 18, 1819.]
An ACT to set off Elijah Hewins and Norman Lester, from Great Barrington to Al-
ford. [Feb. 18, 1819.]

Chap. 96.

Provision for

the cutting and

sale of wood likely to deteriorate, and investing the

proceeds for

ed.

An ACT to prevent the Waste and Destruction of Tin ber and Cord Wood. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That any person, seized of a freehold estate, or of a remainder or reversion, in fee simple or fee tail, in a lot or tract of wood land in this Commonwealth, whereon the trees shall have come to an age and growth fit to be cut, may prefer a petition to the Supreme Judicial Court, holden in any county, reprethose interest-senting the state and condition of such trees, and praying that the same may be felled and sold, and the proceeds thereof invested for the use of the persons interested in such wood land; and the said court may thereupon order due notice to be given to all persons known to be interested therein, to appear and show cause, if any they have, why the prayer of such petition should not be granted; and after hearing the parties, if any shall appear, may appoint one or more persons to examine said ood land; and if, from their report, or other evidence which shall be exhibited to the court, it shall appear that the trees upon said land are of an age and growth fit to be cut, and likely to deteriorate in value, the said court may, and they are hereby empowered to license and order, on such terms and conditions as said court shall require, the whole, or such part of such trees as they shall think proper, to be felled and sold, and the money arising from the sale thereof to be brought inte court, subject to their further order.

commissioners

may invest the

proceeds in

other real estate, or in stocks, &c.

Be it further enacted, That the said court shall Sup. Court and may appoint one or more commissioners, whose duty it may appoint shall be to superintend and direct the felling of said trees, and to oversee the the sale of the same, and to account to said court for the felling, &c. of proceeds thereof, and also to give bond to the clerk of said trees-and court, or such other person as the justices of said court shall appoint for the faithful performance of the trust. And the said court may, and they are hereby further empowered, to cause the net proceeds of said trees, after paying all necessary expenses and charges, to be invested in other real estate in this Commonwealth, or in public stocks, at their discretion, to be holden to the same uses, and subject to the same limitations, as such wood land, and the income and profits thereof, to be paid to the person or persons entitled to the income and profits of said wood land; or to be paid and apportioned to and among the several persons interested in the same estate, in such portions, as to the court shall appear just and equitable; and also to appoint one or more trustees to take and hold such estate or stock for the uses aforesaid; and such trustees to remove, and others appoint in their stead, when and so often as the security and good management of the property shall require it; which trustees shall also give bond, with good and sufficient sureties, to said clerk or other person, as aforesaid, for the faithful execution and performance of the said trust. [Feb. 18, 1819.]

An ACT to establish the Salaries of certain Officers, therein named.

Chap. 97.

Treasurer and

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the following be established as the annual salaries of the Salaries of Lt. officers hereinafter named, to commence from the last Wednes- Governor, day in May last, and to be paid hereafter in quarterly pay- Secretary. ments The Lieutenant Governor, five hundred thirty-three dollars thirty-three cents; the Treasurer and Receiver General, two thousand dollars; the Secretary of the Commonwealth, two thousand dollars.

fees received

SECT. 2. Be it further enacted, That the Secretary of the Secretary to Commonwealth be required to exhibit to the Governor and account for Council a quarterly return, under oath, of all sums received by by him. him, as fees in his office, which shall be deducted from his salary, and a warrant issued only for the balance found due. [Feb. 18, 1819.]

Chap. 98.

making as

An ACT in further addition to an Act for giving Remedies in Equity. SECT. 1. BE it enacted by the Senate and House of Repre- 1785 ch.22, &c. sentatives, in General Court assembled, and by the authority of the same, That when it shall appear to the court, in any suit, which is or may be pending for the redemption of lands or tenements, Provision for granted and held upon condition, by force of any deed of mort- signee of mortgage, or bargain and sale with defeasance, that by reason of gage party to a any assignment or conveyance thereof, before the commencement of such suit, or for any other cause, it is necessary to the attainment of justice, that some other person claiming or holding by force of such conveyance, should be made party to the suit

VOL. II.

62

demption.

Court may enter judgment for amount equitably due for rents re

with the original defendant, the court may, on motion, and upon
such terms with regard to costs, as they shall deem reasona-
ble, order such person to be made a party to the suit, by serv-
ing him with an attested copy of the original bill in equity, and
the motion and order thereon, in such manner as the court may
direct. And upon the appearance or default of the person so
summoned, the suit shall proceed in the same manner as if he
had been originally made a defendant.

SECT. 2. Be it further enacted, That when a decree shall be made for the redemption of any lands or tenements granted and held as aforesaid, the court shall have power to enter a decree or judgment, and to award execution against any deceived beyond fendant or defendants, jointly or severally, as the case may require, for such amount in damages, as shall, in equity and good conscience, be found due from him or them respectively, for the rents and profits received, over and above the sums reasonably expended in repairing and bettering the estate to be redeemed.

the amount of repairs

-and deduct

for rents received, &c. from money brought into

court.

Chap. 99.

SECT. 3. Be it further enacted, That when any sum of mo-
ney shall have been brought into court, in any suit for the re-
demption of lands or tenements granted and held as aforesaid,
the court shall have power to deduct therefrom such sum as
the party, for whose use it was brought in, may be justly
chargeable with, by reason of rents and profits which he has
received, or costs awarded against him in the same suit;
and the amount, so deducted, shall be restored to the party
who brought in the same. And if any person to whom mo-
ney is tendered, in order to redeem lands or tenements grant-
ed and held as aforesaid, shall receive of the person tender-
ing the same a larger sum than he is justly entitled to
retain, he shall be held to account for the excess, in manner
aforesaid. But if the party receiving such excess shall release
his right to the lands or tenements, without any suit in equity
being brought, it may be recovered in an action of assumpsit
for money had and received to the use of the party
who paid
the same. [Feb. 18, 1819.] Further add. act-1821 ch. 85.

An ACT to change the Names of certain Persons therein mentioned. [Feb. 18,
1819.]

Chap. 100. An ACT to apportion and assess a Tax of one hundred and thirty-three thousand,
three hundred and two dollars and fifty-two cents; and to provide for the reim-
bursement of seventeen thousand and thirty-two dollars, paid out of the Public
Treasury to the Members of the House of Representatives, for their attendance
at the two last sessions of the General Court. [Feb. 18, 1819.]

Chap. 101. An ACT to establish a Ministerial Fund, in Cape Elizabeth. [Feb. 18, 1819.]
Chap. 102. An ACT to incorporate the Trustees of the Ministerial Funds, in the Town of
Bridgton. [Feb. 18, 1819.]

Chap. 103. An ACT to incorporate the Town of Parsons. [Feb. 18, 1819.] Name altered to
West Newbury-1820 ch. 7.

Chap. 104.

Chap. 105.

1788 ch.38, &c.

An ACT to incorporate the Thomaston Charitable Society. [Feb. 18, 1819.]

An ACT in addition to the several Acts respecting the Indians and other Persons,
proprietors and residents on the plantations of Marshpee and Herring Pond, so

called.

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

take a census,

&c.

tatives, in General Court assembled, and by the authority of the same, That from and after the passing of this Act, to constitute Right of proa proprietor of the plantation or district of Marshpee, or a mem- prietorship to be acquired ber of said Herring Pond tribe, the person, alleged to be a pro- only by lineal prietor, must be a child or lineal descendant of some person descent. who is now a proprietor; and in no other way or manner shall the rights of proprietorship be acquired: And the overseers of Overseers to said Marshpee and Herring Pond tribes shall, as soon as may be, after the passing of this Act, cause to be made an enumeration or census of all the proprietors and members of the said tribes, and of all other persons resident on their plantations respectively; distinguishing proprietors from all other persons; and make a record thereof, of the names and ages of all such proprietors and members; which record shall distinguish the said tribes, and shall be annually revised and corrected by the said overseers, at their stated annual meeting; and a return thereof shall be made by the said overseers, to the Governor and Council, on or before the last day of December annually.

ers and perform the duties

SECT. 2. Be it further enacted, That the overseers aforesaid, Overseers to in addition to the powers granted to them as overseers, be, and have the powthey are hereby invested with all the powers, and shall discharge all the duties, which, by any law, is or may be given of guardians. to or incumbent upon a guardian or guardians of such Indian tribes, whenever such office of guardian shall be vacant.

spiritous li

SECT. 3. Be it further enacted, That if any person shall sell, Penalty for give or deliver any spiritous liquor, or any liquor or mixed li- selling, &c. quor, the nature of which is intoxicating, to any proprietor or quor to promember aforesaid, without a permit first obtained in writing, prietors, witheither from said overseers, or from some suitable agent of their out permission. appointment, or some respectable physician, who is employed to take care of the sick of the said proprietors, and agreeably to such permit every person, offending in such case, and being thereof convicted before any court having competent jurisdiction of such offence, shall pay a fine not more than fifty dollars, according to the nature and aggravation of the offence. And it shall be the duty of the overseers to give information to the proper officers for prosecuting such offences.

earnings ap

Be it further enacted, That the said overseers shall Drunkards, &c. have the power to bind out to service, for any length of time may be bound not exceeding three years, any proprietor or member afore- out, and their said, who, in the judgment of said overseers, has become an plied. habitual drunkard and idler; and the earnings of such person, in such service, to receive and apply to his or her maintenance and support, or to the support of his or her family, or to the support of the said proprietors generally, as the overseers, in their discretion, may think proper.

prietors to be

SECT. 5. Be it further enacted, That all real estate acquired Property acby the industry of the proprietors and members aforesaid, and quired by propurchased by them, shall be the sole and separate property at their dispoand estate of such proprietor or member, so acquiring and sal. purchasing the same, and may be by him or her enjoyed, sold, alienated and disposed of, by deed, will or otherwise.