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Chap. 67.

Chap. 77.
Chap. 78.

No pork to be shipped except as herein idein pro

vided.

repeals the provision respecting refuse, and provides for No. 3.] Bone Middlings.

Navy Mess pork.

Cargo No. 1.

An ACT dividing the Commonwealth into seventeen Districts, for the Choice of
Representatives in the Congress of the United States, and prescribing the Mode
of Election. [March 10, 1802.] Add act---1802 ch. 5. Both expired.
An ACT to establish The Fourteenth Massachusetts Turnpike Corporation. [March
11, 1802. Add. acts-1802 ch. 38: 1806 ch. 71. 90: 1807 ch. 129.
An ACT to regulate the Inspection of Pork intended to be exported from this Com-
monwealth.

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, no person or persons whatsoever shall ship or export from this Commonwealth, any salted pork, except in barrels or half barrels, of the quality and dimensions hereinafter provided, and the contents thereof are inspected and packed, and unless the casks containing the same are branded agreeably to the directions in this Act.

SECT. 2. Be it further enacted, That from and after the first day of April next, all pork packed, or repacked, in barrels or [* 1804 ch.121, half barrels, for exportation, shall be sorted and divided by the inspector or his deputy, and denominated as follows,. Bone Middlings, Navy Mess Pork, Cargo No. 1, Cargo No. 2, and Refuse Pork ;* and in all cases the following parts shall be taken out as refuse, viz. nose pieces, ears, brains, tails, feet, and lard. Bone Middlings shall consist of middle pieces taken from hogs well fatted, weighing two hundred and thirty pounds or upwards. Navy Mess Pork shall consist of all parts of the carcase, well fatted, weighing from one hundred and sixty pounds, to two hundred and thirty pounds, except the head, fore and hind legs, the shoulder joint, lard and refuse parts above mentioned. Cargo No. 1, shall consist of all parts of hogs, well fatted, averaging two hundred and twenty pounds or upwards, and each of which shall weigh not less than one hundred and eighty pounds, and to have no more heads, legs, shoulders, or other coarse parts than belong to one carcase, Cargo No. 2. deducting the lard and refuse as above. Cargo No. 2, shall consist of all parts of one and an half hog, well fatted, which shall weigh two hundred pounds, deducting the lard and refuse as above. Cargo No. 2, also, in half barrels, shall consist of pig pork, all parts of one carcase, or not, and not to contain the head or legs of more than one carcase, excluding the lard and refuse as above. Refuse Pork shall consist of all other kinds of pork of an unmerchantable, but wholesome quality. Barrels filled with pork heads or feet, shall be branded Pork Heads or Feet, as the case may be; and in all cases where the legs of pork are taken out for bacon, or for any other purpose, the weight shall not be made up with heads or shoulders, but with other parts of the carcase not less valuable than the legs would be if they were salted. And each barrel of pork shall be well salted with seventy pounds of clean coarse salt, exclusive of a strong pickle.

Refuse.

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SECT. 3. And be it further enacted, That every barrel or half barrel, in which pork shall be packed or repacked, for exportation, shall be made of good seasoned white-oak or white

ash staves and heading, free from any defect. Each barrel shall contain two hundred pounds weight of pork. The barrels shall measure seventeen and one quarter inches between the chimes, and contain not less than thirty-one gallons, nor more than thirty-one gallons and one half, to be covered threefourths of the length with good oak, ash, birch or walnut hoops, leaving one-fourth in the centre.

Further

brands re

SECT. 4. And be it further enacted, That all barrels and half How to be barrels of pork, packed or repacked for exportation, shall be branded. branded with the first letter of the christian name, and the surname at length, of the inspector who has inspected the same, quired-1815 with the name of the town where it was inspected, in legible ch. 9: 1820 letters, with the addition of MASS. (for Massachusetts;) and ch. 34.] every barrel and half barrel of the three first sorts, shall also be branded with the name of the person for whom the pork was packed, and each barrel shall be branded on one of the heads, with the quality of the pork it contains.

established for

1801 ch. 18.

SECT. 5. And be it further enacted, That the inspector- The fees, &c. general and deputy inspectors of beef, appointed or to be ap- inspecting beef pointed by virtue of the Act, entitled, "An Act to regulate to extend to inthe Inspection of beef intended to be exported from this Com- specting pork. monwealth ;" and "An Act in addition to the same," and 1799 ch. 69. all the rules, certificates and regulations, for the inspection of beef, fees, fines and forfeitures, mentioned in said Acts, and the manner of recovering the same, shall extend to all barrels and half barrels of pork, packed for exportation, agreeably to the directions of this Act.

Pork not to be

cleared without a certifi

cate of inspec

SECT. 6. And be it further enacted, That no salt pork packed or repacked, after the first day of April next, shall be exported out of this Commonwealth, unless the master or owner of the vessel produces to the collector, or any other officer, au- tion. thorized by the laws of the United States, to clear vessels out, a certificate from the inspector-general, or his deputy, that the same has been branded and inspected according to the directions in this Act; and each certificate shall express the number of barrels and half barrels of pork of each sort. And the master or owner of every vessel, in which pork is so exported, on producing said certificate, shall take and subscribe the following oath, before the officer authorized as aforesaid.

I, A. B. of the do swear, that according to the best of my knowledge and belief, the certificate hereto annexed contains the whole quantity of salted pork on board the master, and that no salted pork 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.

SECT. 7. And be it further enacted, That all former laws Former laws respecting the inspection of pork, be, and hereby are repealed. repealed. Provided nevertheless, That they shall be considered as in full force, with regard to all actions and prosecutions, which may be depending for any penalty or forfeiture incurred for the breach of the same. [March 11, 1802.] Add. acts-1804 ch. 121 1815 ch. 9: 1820 ch. 34.

Chap. 79.

1797 ch. 81.

Chap. 80.

1787 ch. 17.

Preamble.

Contracts authorized.

1785 ch. 50.

Surveyors to collect assessments.

1796 ch. 58.

Chap. 81.

Preamble.

which is to be

An ACT in addition to an Act, entitled, "An Act to incorporate certain Proprietors of Meadow Lands, lying on each side of Neponset-River, in the Towns of Dedham, Milton, and Canton, for drawing off the stagnant Waters, and for the better Improvement of said Meadow Lands." [March 11, 1802.]

An ACT in addition to an Act, enabling Proprietors of private Ways and Bridges to repair them in equal Proportions.

WHEREAS inconveniences have arisen, because proprietors aforesaid, by said Act, to which this is an addition, are not empowered to raise money and contract with any person or persons to make and keep in repair private ways and bridges:

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, it shall and may be lawful for said proprietors, and the rightful occupants of private ways and bridges, at any meeting legally assembled for that purpose, to authorize their surveyor, or any other person or persons, to contract by the year, or for a longer or a shorter time, for the making and keeping in repair any private way or ways, bridge or bridges; and at any such meeting may vote to raise any sum or sums of money, they may deem necessary for carrying such contracts into effect; and may choose assessors, who shall assess all sums of money so raised on each proprietor's or occupant's proportion therein, and shall also deliver true lists of said assessments to the said surveyor, with warrants of distress, in form, as to substance, as is prescribed by law for collecting town and district taxes; and every such surveyor is hereby authorized and empowered to levy and collect all taxes or assessments for the purposes aforesaid, in the same way and manner as surveyors of highways are empowered to collect town highway taxes, in and by a law "authorizing towns to empower surveyors or any other persons, to enter into contract for the purpose of making and repairing town ways." And if any such surveyor shall neglect or refuse to pay over the monies, so collected, to such person or persons as he in his warrant of distress shall be required, when demanded, he shall be liable to the same penalties as in and by the said law is provided, in case of surveyors failing to pay over monies to the town treasurer in the like case. [March 11, 1802.]

An ACT for preserving and authenticating the Records of Justices, in certain
Cases.

WHEREAS law-suits may arise, and great injustice accrue, in consequence of judgments obtained under the several Acts. of this Commonwealth for rendering processes in law less expensive, in cases where the justices, before whom such judgments may have been obtained, have neglected to complete their records, and have deceased or moved out of this Commonwealth, unless some adequate remedy be provided:

SECT. 1. Be it enacted by the Senate and House of Represen The evidence tatives, in General Court assembled, and by the authority of the conclusive same, That in all cases where real estate shall have been set where a justice off, in satisfaction of any execution which shall have been issued by any Justice of the Peace, under either of the Acts cn

has not com

pleted his record.

titled, "An Act for rendering processes in law less expensive," 1786 ch. 43. if such justice shall have deceased or removed out of the Com- 1788 ch. 67. monwealth without having completed his record, and the title to such real estate, founded on the extent of such execution, shall be drawn in question in any action, the execution creditor or creditors, or the person or persons claiming such title under him or them, shall be admitted to shew in evidence of his title a copy of the original writ, with the officer's return thereon, and a copy of the execution, with the officer's return thereon, registered according to law; which said copies, duly authenticated by the proper certifying officers thereof, shall be sufficient evidence of the judgment on which such execution issued as aforesaid.

nalty.

SECT. 2. And be it further enacted by the authority aforesaid, That the Justices of the Peace within this Commonwealth, Justices to rewho have rendered judgments under either of the aforesaid turn records, Acts, shall, within twelve months after the passing of this Act, &c. under a pereturn their respective records thereof, together with the original processes, and all the papers relating thereto, into the of fices of the clerks of the Courts of Common Pleas, in the several counties wherein such judgments were respectively rendered; and the said clerks shall be the proper persons to keep and certify the same, and to sign writs of execution on such judgments returned as aforesaid, in any case where the same may be issuable by law. And if any Justice of the Peace shall refuse or neglect to return his records, processes and papers as aforesaid, he shall forfeit and pay the sum of twenty dollars, to be recovered to the use of the county, by the clerk of the Court of Common Pleas in said county, whose duty it shall be to sue for the same in any court proper for the trial thereof. [March 11, 1802.]

An Act to apportion and assess a Tax of one hundred and thirty-three thousand, three Chap. 82. hundred and thirty-one dollars and eighty-five cents; and providing for the Reimbursement of twenty-one thousand nine hundred and fifty-two dollars, paid out of the public Treasury to the Members of the House of Representatives for their Attendance the two last Sessions of the General Court. [March 10, 1802.]

An ACT in addition to an Act, entitled, "An Act authorizing the Courts of Gene- Chap. 1. ral Sessions of the Peace to liberate poor Convicts from Prison, and to dispose of them in Service for Payment of Costs of Prosecution."

1799 ch. 7.

1 Anne ch. 2.

Former act ex

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the powers vested in the Courts of General Sessions of the Peace in the several counties in this Commonwealth, by the Act to which this is an addition, be, and hereby are extended to tended to perauthorize the liberation of persons convicted before a Justice of sons convicted the Peace, in the same manner, and upon the same conditions, before Justices as if the said persons had been convicted before either of the courts mentioned in the Act to which this is in addition. [June 4, 1802.] Further add. act-1805 ch. 69.

of the Peace

An ACT to change the name of the Town of Pownalborough, in the County of Lin- Chap. 2. coln. [June 10, 1802.]

An ACT in addition to an Act, entitled, "An Act to prevent damage being done

on the Meadows lying in the Township of Yarmouth," since incorporated by Chap. 3.

the name of Dennis, "called Nobscusset Meadows, and a small Commonage of 1781 ch. 3. Land and Beaches thereto adjoining." [June 12, 1802.]

VOL. II.

9

Chap. 4.

1797 ch. 51.

Chap. 5.

1801 ch. 76.

Chap. 6. Chap. 7.

Chap. 8.

Chap. 9.

Chap. 10.

Chap. 11.

1799 ch. 66.

An ACT to explain and amend "An Act for incorporating a number of the inhabi-
tants of Becket, in the County of Berkshire, into a Society for religious Purposes,"
passed February 17, 1798. [June 18, 1802.]

An ACT to alter and amend an Act, entitled, "An Act dividing the Commonwealth
into seventeen Districts, for the Choice of Representatives in the Congress of the
United States, and prescribing the mode of election," passed the tenth day of
March, one thousand eight hundred and two. [June 18, 1802.] Expired.

An ACT authorizing the erection of a Dam for certain purposes, and to regulate the
taking of Shad and Alewives in the Town of Middleton. [June 18, 1802.]

An ACT regulating the Collection of Taxes in the Town of Boston, and providing for the Appointment of Constables in the said Town. ¡June 18, 1802. Fourth section repealed-1811 ch. 47. Add. acts-1803 ch. 15: 1807 ch. 134. See 1821 ch. 110, ◊ 15.

An ACT altering the Times of holding the Supreme Judicial Court in the Counties of Hampshire and Berkshire, and also the Court of General Sessions of the Peace and Court of Common Pleas, in the same Counties. [June 21, 1802.] Add. act-1802 ch. 111.

An ACT to set off Ward Nicholas Boylston, of Roxbury, with his estate on Jamaica Plain, from the first to the third Precinct or Parish in Roxbury. [June 21, 1802.]

An ACT to empower the Selectmen of the Town of Roxbury to increase the number of Engine-Men in said Town. [June 21, 1802.]

An ACT in addition to an Act, passed in the year of our Lord eighteen hundred, entitled, "An Act in addition to an Act to provide for the Instruction of Youth, and for the Promotion of good Education."

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That School districts the inhabitants of the several school districts, as mentioned empowered to in the Act to which this is in addition, be empowered to raise raise money to money at any legal meeting called for that purpose, to purchase land for houses. any house or building to be used as a school-house; and also to purchase land for the school-house of the district to stand upon. [June 23, 1802.] Further add. acts-1811 ch. 24: 1814 ch. 142: 1817 ch. 14.

buy houses, or

Chap. 12.
Chap. 13.

1792 ch. 6.

An ACT to incorporate the Plantation called Flintstown in the County of Cumberland, into a Town by the name of Baldwin. [June 23, 1802.]

An ACT in further addition to an Act, entitled, "An Act to incorporate sundry persons by the name of The President and Directors of the Union Bank," passed the twenty-fifth day of June, one thousand seven hundred and ninety-two. [June 23, 1802.] Further add. acts--1804 ch. 13: 1806 ch.36. New act-1812 ch.38.

Chap. 14. Chap. 15. Chap. 16. Chap. 17.

An ACT to alter the Names of certain Persons therein mentioned. [June 23, 1802.]
An ACT regulating the Hunting of Deer. [June 23, 1802.] Repealed-1806 ch. 45.
An ACT to incorporate the Plantations called Duck-Trap and Canaan into a Town
by the name of Lincolnville. [June 23, 1802.]

Chap. 18.

Chap. 19.

Chap. 20.

1801 ch. 18.

An ACT to establish a School in the South Parish in the Town of Attleborough, by name of Franklin School, and for incorporating the Trustees of the said School into a Body Politic. [June 23, 1802.] Add. act-1803 ch. 72.

An ACT to exempt a certain Stream, issuing from Pattee's Pond in the Town of Winslow, into Sabestekook-River, from the Operation of all Laws for regulating the Fisheries in the Counties of Lincoln and Cumberland, and for repealing all other Laws heretofore made for that purpose. [June 23, 1802.]

An ACT to incorporate sundry persons by the name of The President and Directors and Company of the Maine Bank. [June 23, 1802.] Add, act-1804 ch. 78.

An ACT in addition to an Act, entitled, "An Act in addition to an Act passed the nineteenth of June, one thousand eight hundred and one, to regulate the Inspection of Beef, intended to be exported from this Commonwealth.”

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

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