how packed. two hundred and twenty-five pounds, and each half barrel Contents of to contain one hundred and twelve and an half pounds, casks, and agreeably to the rules of packing, in the third section of said Act, with sufficient salt to preserve the same. Further brands SECT. 3. Be it further enacted, That it shall be the duty of the inspector-general, or his deputies, to brand, with plain and required. legible figures, the weight of the aforesaid five kinds of fish, in addition to the brands required by the third section of the above said Act. [June 17, 1819.] An ACT to incorporate the Falmouth Wharf Company. [June 17, 1819.] Chap. 18. An ACT to incorporate the Trustees of the property of the Congregational Church Chap. 19. and Society, in Ellsworth. [June 17, 1819.] An ACT further regulating the Fishery in the Merrimack River, and the Streams Chap. 20. running into the same. [June 18, 1819.] Seventh section suspended-1820 ch. 1789 ch. 51,&c. 22 repealed-1820 ch. 70. An Act to annex Daniel Ware, and his Estate, to the First Parish in Wrentham. Chap. 21. [June 18, 1819.] An ACT authorizing Eliada Kingsley to remove a Gate, on the Becket Turnpike Chap. 22. Road. [June 18, 1819.] An ACT to incorporate the First Baptist Society in Worcester. (June 18, 1819.] Chap. 23. An Act in addition to an Act, entitled "An Act for the providing and regulating Chap. 24. of Prisons." 1784 ch. 41. Sheriff, &c. not escape by allowing liberty bonds taken by mistake, &c. to be liable for of the yard on for less than double the debt BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That no sheriff, gaoler, or prison keeper, shall be chargeable to the creditor of any person who has been, or may hereafter be imprisoned for debt, either upon mesne process or execution, for an escape in consequence of allowing the liberty of the gaol yard to such prisoner, on his giving bond, approved by two disinterested Justices of the Peace, quorum unus, conditioned, that from the time of executing such bond, he will continue a and costs. true prisoner in the custody of the gaoler, and within the limits 15 Mass. Rep. of said prison, until he shall be lawfully discharged without 276. committing any manner of escape; notwithstanding such bond, from accident, mistake or misapprehension, may not have been given for double the sum for which he is or was imprisoned: Provided, that nothing herein shall be construed to affect any Proviso. suit wherein final judgment has been rendered by the Supreme Judicial Court. [June 18, 1819.] An ACT to alter the time for holding the Court of Sessions, in the County of Ox- Chap. 25. ford. [June 18, 1819.] An ACT to alter the time of holding the Boston Court of Common Pleas, within and for the County of Suffolk. [June 18, 1819.] Chap. 26. An Act in addition to an Act, entitled "An Act to authorize the First Congrega- Chap. 27. tional Society in Brunswick, to sell certain Ministerial Lands." [June 18, 1819.] 1816 ch. 19. An ACT to incorporate the Owners of the Cove Meadows. [June 18, 1819.] An ACT to incorporate the Trustees of the Congregational Society, in New Salem. [June 18, 1819.] Chap. 28. An Act to establish Nichols Academy, in the Town of Dudley. [June 18, 1819.] Chap. 30. Chap. 31. Vacancies how An ACT relating to the Massachusetts General Hospital. BE it enacted by the Senate and House of Representatives, ín General Court assembled, and by the authority of the same, That in case of the occurring of any vacancy, by death or resignation, in the board of trustees of the Massachusetts General Hosto be filled up. pital, it shall be lawful for the remaining members of the board, to fill such vacancy, provided the same shall occur in that part of the board, chosen by the corporation; and it shall be lawful for the board of visitors to fill such vacancy, provided the same occur in that part of the board, chosen by the said board of visitors, any thing in the fifth section of the Act, entitled "An Act to incorporate certain persons, by the name of the Massachusetts General Hospital," to the contrary notwithstanding. [June 18, 1819.] 1810 ch. 94. Chap. 32. Chap. 33. 1818 ch. 123. An ACT to incorporate Union Hall Society, in Westborough. [June 18, 1819.] BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Part of former the fifth section of the Act, entitled "An Act relating to the punishment of convicts, who may be sentenced to solitary imprisonment, and confinement to hard labour," be, and the same is hereby repealed. [June 18, 1819.] act repealed. Chap. 34. 1796 ch. 5. Chap. 35. 1316 ch. 20. Chap. 36. Preamble. Consent that Maine may be formed into a An ACT relating to the First Massachusetts Turnpike Corporation. [June 18, 1819.] An ACT in addition to an Act, entitled "An Act to incorporate Matthias Weeks An ACT relating to the Separation of the District of Maine from Massachusetts WHEREAS it has been represented to this Legislature, that a majority of the people of the District of Maine are desirous of establishing a separate and independent Government, within said district: Therefore, 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 consent of this Commonwealth be, and the same is hereby given, that the District of Maine may be formed and separate State, erected into a separate and independent State, if the people of on conditions. the said District shall, in the manner, and by the majority, hereinafter mentioned, express their consent and agreement thereto, upon the following terms and conditions; and, provid ed, the Congress of the United States shall give its consent [*Fourth day thereto, before the fourth day of March next;* which terms of March 1822 and conditions are as follow, viz.: -1819 ch.162.] Division of lands and buildings. First. All the lands and buildings belonging to the Commonwealth, within Massachusetts Proper, shall continue to belong to said Commonwealth; and all the lands belonging to the Commonwealth, within the District of Maine, shall belong, the one half thereof to the said Commonwealth, and the other half thereof to the State to be formed within the said District, to be in Maine to be recovered in the courts, as heretofore. divided as is hereinafter mentioned; and the lands within the Commonsaid District, which shall belong to the said Commonwealth, shall wealth's land be free from taxation, while the title to the said lands remains free from taxain the Commonwealth; and the rights of the Commonwealth to tion, and to be their lands, within said District, and the remedies for the recovery thereof, shall continue the same within the proposed State, and in the courts thereof, as they now are within the said Commonwealth, and in the courts thereof; for which purposes, and for the maintenance of its rights, and recovery of its lands, the said Commonwealth shall be entitled to all other proper and legal remedies, and may appear in the courts of the proposed State, and in the courts of the United States, holden therein, and prosecute as a party, under the name and style of the Commonwealth of Massachusetts; and all rights of action for, or entry into lands, and of actions upon bonds, for the breach of the performance of the condition of settling duties, so called, which have accrued, or may accrue, shall remain in this Commonwealth, to be enforced, commuted, released, or othererwise disposed of, in such manner as this Commonwealth may hereafter determine: Provided however, that whatever this Commonwealth may hereafter receive or obtain on account thereof, if any thing, shall, after deducting all reasonable charges relating thereto, be divided, one third part thereof to the new State, and two third parts thereof to this Commonwealth. Proviso. Division of Secondly. All the arms which have been received by this Commonwealth from the United States, under the law of Con- arms. gress, entitled "An Act making provision for arming and equipping the whole body of militia of the United States," passed April the twenty-third, one thousand eight hundred and eight, shall, as soon as the said District shall become a separate State, be divided between the two States, in proportion to the returns of the militia, according to which the said arms have been received from the United States, as aforesaid. States, &c. Thirdly. All monies, stock, or other proceeds, hereafter obtained from the United States, on account of the claim of this Division of Commonwealth, for disbursements made, and expenses incur- claims on U. red, for the defence of the State, during the late war with Great Britain, shall be received by this Commonwealth, and when received, shall be divided between the two States, in the proportion of two thirds to this Commonwealth, and one third to the new State. Common &c. Fourthly. All other property, of every description, belonging Other property to the Commonwealth, shall be holden and receivable by the to be held and same, as a fund and security for all debts, annuities, and Indian received by the subsidies, or claims due by said Commonwealth; and within wealth as a two years after the said District shall have become a separate fund for debts, State, the commissioners to be appointed, as hereinafter provided, if the said States cannot otherwise agree, shall assign a Commissioners just portion of the productive property, so held by said Com- to assign an monwealth, as an equivalent and indemnification to said Com- the surplus, if monwealth, for all such debts, annuities, or Indian subsidies or any, to be diclaims, which may then remain due, or unsatisfied; and all the videdsurplus of the said property, so holden, as aforesaid, shall be equivalent, and divided between the said Commonwealth and the said District of Maine, in the proportion of two thirds to the said Commonwealth, and one third to the said District. And if, in the judgment of the said commissioners, the whole of said property, so -if a deficien- held as a fund and security, shall not be sufficient indemnificy, Maine to cation, the said District shall be liable for, and shall pay to said Commonwealth one third of the deficiency. pay. Maine to assume obligations to Indians -and to receive therefor $30,000 in land or money, at Fifthly. The new State shall, as soon as the necessary arrangements can be made for that purpose, assume and perform all the duties and obligations of this Commonwealth, towards the Indians within said District of Maine, whether the same arise from treaties, or otherwise; and for this purpose, shall obtain the assent of the said Indians, and their release to this Commonwealth of claims and stipulations arising under the treaty at present existing between the said Commonwealth and said Indians; and as an indemnification to such new State, therefor, this Commonwealth, when such arrangements shall be completed, and the said duties and obligations assumed, shall pay to said new State the value of thirty thousand dollars, in manthe election of ner following, viz.: The said commissioners shall set off, by metes and bounds, so much of any part of the land, within the said District, falling to this Commonwealth, in the division of the public lands, hereinafter provided for, as in their estimation shall be of the value of thirty thousand dollars; and this Commonwealth shall thereupon assign the same to the said new State, or in lieu thereof, may pay the sum of thirty thousand dollars, at its election; which election of the said Commonwealth, shall be made within one year from the time that notice of the doings of the commissioners, on this subject, shall be made known to the Governor and Council; and if not made within that time, the election shall be with the new State. the Common wealth. Mode of ap missioners. Sixthly. Commissioners, with the powers and for the purposes mentioned in this act, shall be appointed in manner followpointing coming: The executive authority of each State shall appoint two; and the four so appointed, or the major part of them, shall ap point two more; but if they cannot agree in the appointment, the executive of each State shall appoint one in addition; not however, in that case, to be a citizen of its own State. And any vacancy happening with respect to these two commissioners, shall be supplied in the manner provided for their original appointment; and, in addition to the powers herein before given to said commissioners, they shall have full power and authoriCommissioners ty, and it shall be their duty, within ten years, next after the to divide public commissions shall be filled up, to divide all the public lands lands. within the District, between the respective States, in equal shares, or moieties, in severalty, having regard to quantity, situation and quality; they shall determine what lands shall be surveyed and divided, from time to time; the expense of which surveys, and of the commission, shall be borne equally by the two States. They shall keep fair records of their doings, and of the surveys made by their direction; copies of which records, authenticated by them, shall be deposited from time to time, in the archives of the respective States; transcripts of which, pro perly certified, may be admitted in evidence, in all questions touching the subject to which they relate. The executive authority of each State may revoke the power of either or both its commissioners; having, however, first appointed a substitute, or substitutes, and may fill any vacancy happening with respect to its own commissioners; four of said commissioners shall constitute a quorum for the transaction of business; their decision shall be final, upon all subjects within their cognizance. In case said commission shall expire, the division not having been completed, and either State shall request the renewal or Provision in filling up of the same, it shall be renewed or filled, in the same case the commanner as is herein provided for filling the same, in the first mission shall expire before instance, and with the like powers; and if either State shall, the division is after six months notice, neglect or refuse to appoint its commis- completed. sioners, either for filling the commission in the first instance, or the renewal thereof, the other may fill up the whole commission. in force. Grant to Bow Seventhly. All grants of lands, franchises, immunities, corpo- Former grants, rate or other rights, and all contracts for, or grants of land not &c. to continue yet located, which have been or may be made, by the said Commonwealth, before the separation of said District shall take place, and having or to have effect within the said District, shall continue in full force, after the said District shall become a separate State. But the grant which has been made to the president and trustees of Bowdoin College, out of the tax laid upon doin College to the banks within this Commonwealth, shall be charged upon be fulfilled by the tax upon the banks within the said District of Maine, and Maine. paid according to the terms of said grant; and the president 1813 ch. 150. and trustees, and the overseers of said college, shall have, hold and enjoy their powers and privileges in all respects, so that the same shall not be subject to be altered, limited, annulled or restrained, except by judicial process, according to the principles of law; and in all grants hereafter to be made, by either Reservations State, of unlocated lands within the said District, the same reserfor schools, &c. vations shall be made for the benefit of schools and of the minis- to be made in try, as have heretofore been usual in grants made by this Com- future grants, monwealth. And all lands heretofore granted by this Com- and lands almonwealth to any religious, literary, or eleemosynary corpora- for charitable tion or society, shall be free from taxation, while the same con- purposes not to tinues to be owned by such corporation or society. ready granted be taxed. Provision for land Eighthly. No laws shall be passed in the proposed State, with regard to taxes, actions, or remedies at law, or bars, or limita- non-resident tions thereof, or otherwise making any distinction between the owners of lands and rights of property of proprietors, not resident in, or not citizens of said proposed State, and the lands and rights of property of the citizens of the proposed State, resident therein, and the rights and liabilities of all persons, shall, after the said separation, continue the same as if the said District was still a part of this Commonwealth, in all suits pending, or judgments pending. remaining unsatisfied, on the fifteenth day of March next, where the suits have been commenced in Massachusetts Proper, and process has been served within the District of Maine; or commenced in the District of Maine, and process has been served -for suits |