tended to Stoddard's Island. to his land in an island in Connecticut River, lying between Hadley and Northampton, in the county of Hampshire, called and known by the name of Stoddard's Island: Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That an Act entitled, "An Act to prevent damages being Former act ex- done upon the improved lands adjoining Connecticut River, by reason of timber being left thereon by the spring floods, and for fixing a time for the owners to remove it," be, and the same hereby is extended to the aforesaid island, the owners thereof observing the injunctions contained in said Act, and causing the marks on the timber to be recorded in the book of records of the town of Northampton. [Feb. 10, 1814.] Chap. 78. 1794 ch. 41. Chap. 79. Chap. 80. Chap. 81. Chap. 82. Chap. 83. Chap. 85. Chap. 86. Chap. 87. Chap. 88. 1802 ch. 86. Chap. 89. Chap. 90. 1798 ch. 84. Chap. 91. An Act in addition to an Act, entitled, " An Act to incorporate Simon Larned and others, for the purpose of conveying Water by Pipes into the centre of the Town of Pittsfield, by the name of The Proprietors of the Water-Works, in the Middle of the Town of Pittsfield." [Feb. 10, 1804.] An ACT to incorporate Dummer Sewall and others, Proprietors of the New MeetingHouse, in the Town of Bath, into a Religious Society, by the name of the Congregational Society in the Town of Bath. [Feb. 13, 1804.] Add. act-1810 ch. 123. An ACT to set off John Davis, Ebenezer Boynton, Nathan Harrington, Samuel An ACT to incorporate a number of the inhabitants of the Town of Hebron, in the An ACT for holding a special Session of the Supreme Judicial Court at Dedham, An ACT to incorporate The Hampshire Missionary Society. [Feb. 21, 1804.] An ACT to incorporate Joseph Russell and others, into a Company, by the name of An ACT to establish a Fund for the Support of the Gospel Ministry, in the First An ACT to set off Ebenezer Baker, with that Part of his Farm which lies in the Town of Sharon, and to annex the same to the Town of Walpole. [Feb. 23, 1304] An Act in addition to an Act, entitled, "An Act empowering Aaron Porter and others to construct Locks and open a navigable Canal by Saco Falls on Saco River." [Feb. 28, 1804.] An ACT to incorporate Nathaniel Fellowes, and others into a Company, by the name of The Union Insurance Company. [Feb. 28, 1804.] An ACT in further addition to an Act, entitled, "An Act establishing The Williamstown Turnpike Corporation." [Feb. 28, 1804.] An ACT to incorporate certain persons to lay out and build a Turnpike Road and Bridges, from the Post Office, near the Great Ponds in the Town of Middleborough, to the Braintree and Weymouth Turnpike, leading from Weymouth Landing to Queen Ann's Corner in Hingham. [Feb. 29, 1804.] Add. act-1806 ch. 94. An ACT to incorporate Jonathan Mason and others into a Company, by the name of The Union Marine Insurance Company. [Feb. 29, 1804.] Add. acts-1804 Chap. 92. ch. 49: 1910 ch. 47: 1816 ch. 59. An ACT to alter one of the Terms of the Court of Common Pleas and General Ses- Chap. 93. sions of the Peace, in the County of Dukes County. [Feb. 29, 1804.] An ACT making further Provision in the Judicial Department. [Feb. 29, 1804.] Chap. 94. Repealed-1804 ch. 105. An ACT to establish The Petersham and Monson Turnpike Corporation. [Feb. Chap. 95. 29, 1804.] Add. acts-1807 ch. 7. 51. An ACT to incorporate a number of the inhabitants of the Towns of Pittsfield, Han- Chap. 96. cock, Dalton, and Washington, in the County of Berkshire, into a Religious Society, by the name of The Methodist Religious Society in Pittsfield, Hancock, Dalton, and Washington. [March 1, 1804.] Add. acts-1804 ch. 91: 1807 ch. 135. An ACT to incorporate a number of the inhabitants of the Towns of Gorham and Chap. 97. Standish in the County of Cumberland, and the Town of Buxton, in the County of York, into a distinct and separate Religious Society, by the name of The Methodist Society in Gorham, Buxton, and Standish. [March 1, 1804.] An ACT to establish a Corporation by the name of The Union Turnpike Corpora- Chap. 98. tion. [March 2, 1804.] Add. acts-1805 ch. 17: 1809 ch. 124: 1818 ch. 82: 1819 ch. 80. An ACT establishing a Fund for the Support of the Congregational Minister in the Chap. 99. Town of Windham, in the County of Cumberland, and appointing Trustees for the management thereof. [March 2, 1804.] An ACT in addition to an Act, entitled, "An Act for incorporating certain persons Chap. 100. for the purpose of building a Bridge over Charles River, from the westerly part of Boston to Cainbridge, and for extending the interest of the Proprietors of Charles 1791 ch. 62. River Bridge for a term of years." [March 2, 1804.] Further add. act-1809 ch. 112. An ACT to authorize the Sale of the Lands reserved for the Use of the Ministry, in Chap. 101. the Town of New-Gloucester, and to appoint Trustees to manage the Funds which may be raised therefrom. [March 3, 1804.] An ACT for increasing the Rates of Toll at the Patuckett Canal. [March 3, Chap. 102. 1804.] 1797 ch. 6. An ACT to incorporate Walter Folger, jun. and others, into a Company, by the Chap. 103. name of the Nantucket Marine Insurance Company. [March 3, 1804.] An ACT to establish The Taunton and New-Bedford Turnpike Corporation. Chap. 104. [March 3, 1804.] Further act-1807 ch. 77. An ACT to incorporate sundry persons by the name of The President and Di- Chap. 105. rectors of the Nantucket Pacific Bank. [March 3, 1804.] New act-1812 ch. 45. An ACT in addition to an Act, entitled, "An Act to incorporate sundry persons by Chap. 106. the name of The President and Directors of the Bedford Bank." [March 3, 1804.] New act-1812 ch.44. 1802 ch. 114. An ACT to regulate the taking of Alewives within the Town of Boxford, and for Chap. 107. other purposes therein mentioned. [March 3, 1804.] An Acr in addition to an Act, entitled, "An Act to establish a Corporation, by Chap. 108. the name of The Cambridge and Concord Turnpike Corporation. [March 5, 1804.] See 1804 ch. 77. 1802 ch. 124. An ACT empowering the Selectmen of the Town of Boston, to nominate and ap- Chap. 109. point forty Engine-Men, for Engine Number Fourteen, in said Town, called the Cataract. [March 5, 1804.] An ACT to incorporate sundry persons by the name of The President, Directors Chap. 110. and Company of the Hallowell and Augusta Bank. [March 6, 1804.] New act-1812 ch. 47. Chap. 111. An ACT to set off the north-east part of the Town of Dorchester, and to annex the land set off. same to the Town of Boston. SECT. 1. BE it enacted by the Senate and House of Representa tives, in General Court assembled, and by the authority of the same, Boundaries of That all that part of Dorchester lying north-east of the following line, viz. beginning at a stake and stones, at Old Harbour, so called, at the south-west corner of land formerly belonging to John Champney, running north thirty-seven and one half degrees west, to a large elm tree marked D on the south-west side, and B on the north-east side, standing on land belonging to the heirs of Thomas Bird, deceased; then running the same course to a heap of stones, on the south-east side of the road; thence across the road, the same course, to a heap of stones on the north-west side; thence on the same course to a black oak tree, standing on a small hummock, marked D on one side, and B on the other side, upon land of Ebenezer Clap, jr. thence the same course till it comes to Boston harbour, with the inhabitants thereon, be, and they hereby are annexed to the town of Boston, in the county of Suffolk; and shall hereafter be considered and deemed to be a part of the town of Boston: Provided, That the said tract of land, and the inhabitants thereon, set off as aforesaid, shall be holden to pay all such taxes as are already assessed, or ordered to be assessed by said town of Dorchester, in the same manner as they would have been, if this Act had not have passed. Proviso respecting taxes. use. SECT. 2. And be it further enacted, That the proprietors of Lots for public said tract shall assign and set apart three lots of land on the same for public use, viz. one lot for the purpose of a public market place, one lot for a school house, and one lot for a burial ground to the satisfaction and acceptance of the selectmen of the town of Boston; or in case the said selectmen and proprietors shall not agree upon the said lots, it shall be lawful for the Supreme Judicial Court, at any session thereof, in the said county of Suffolk, upon application of the said selectmen, to nominate and appoint three disinterested freeholders within the Commonwealth, and not inhabitants of said town of Boston, to assign and set off the three lots aforesaid, by metes and bounds; and the report of the said freeholders, or any two of them, being made and returned to, and accepted by the said court, at any session thereof in said county, shall be final and binding upon all parties; and the lots of land by them assigned and set off as aforesaid, shall thenceforth vest in the said town of Boston forever, without any compensation to be made therefor by the town; but if the person or persons whose lands shall be assigned and set apart as aforesaid, shall demand compensation therefor, the same shall be appraised by three freeholders, to be appointed as aforesaid, who shall also assess upon the other proprietors the sum or sums which each shall be holden to pay to the person whose lands may be thus assigned for public use; and the report of said freeholders or any two of them, being made and returned to, and accepted by said court, judgment thereon shall be final, and execution awarded, as in cases of reports by referees under a rule of court. SECT. 3. And be it further enacted, That the selectmen of the &c. said town shall be, and hereby are authorized to lay out such Selectmen to streets and lanes through the said tract as in their judgment lay out streets, may be for the common benefit of the said proprietors, and of said town of Boston, a reasonable attention being paid to the wishes of the proprietors; and in case of disagreement between the selectmen and proprietors, or either of them, the same proceedings shall be had, as are provided by law in other cases for laying out town ways: Provided only, that no damages or com- Proviso. pensation, shall be allowed to any proprietor for such streets and lanes as may be laid out within twelve months from the passing of this Act: And provided also, that the town of Boston shall not be obliged to complete the streets laid out by their selectmen pursuant to this Act, sooner than they may deem it expedient so to do. [March 6, 1804.] An ACT authorizing the Sale of the Schoo' Lot, in the Town of Topsham, and pro- Chap. 112. viding for the Management of the Fund arising therefrom. [March 6, 1804.] An Act to incorporate The Proprietors of the Boston South Bridge. [March 6, Chap. 113. 1804.] An ACT to incorporate certain persons for the purpose of making a Street from Chap. 114. Rainsford's Lane, in the Town of Boston, to the Bridge proposed to be built from, at or near the Town's Landing, to Do.chester Neck. [March 6, 1804.] Add. acts-1804 ch. 3: 1805 ch. 92. An ACT in addition to an Act, entitled, "An Act to incorporate William Phillips, Chap. 115. jun. and others, into a Company, by the name of The New-England Marine In- 1802 ch. 106. surance Company. [March 6, 1804.] An Act to preserve and regulate the Fishery in the Towns of Rehoboth and Swan- Chap. 116. zey, in the County of Bristol, and for repealing an Act, entitled, "An Act to prevent the Destruction of the Fish called Shad and Alewives in their passage up 1786 ch. 4. the Rivers and Streams in the Town of Rehoboth, in the County of Bristol," passed June 27, 1786. [March 6, 1804.] Add. acts-1819 ch. 11: 1820 ch. 51. An ACT respecting Conditional Pardons. WHEREAS in the course of human events it sometimes happens that crimes, for which the perpetrators are legally sentenced to suffer the punishment of death, are attended with alleviating circumstances: Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That whenever any person, who has been, or shall hereafter be sentenced by the Justices of the Supreme Judicial Court to suffer the punishment of death, shall make application to the Governor for pardon, and the Governor shall think proper, by and with the advice and consent of the Council, to grant such pardon, on condition that the person thus sentenced be imprisoned or confined to hard labour during his or her natural life, or for a certain term of years, in the condition of such pardon to be expressed, the Governor be, and hereby is authorized, in order to carry the same into effect, to issue his warrant or warrants, directed to all proper officers; and the said officers shall be holden to serve, execute and obey the same, in the same manner as if such imprisonment or confinement had been the punishment awarded in the original sentence. [March 6, 1804.] Chap. 117. An ACT to incorporate sundry persons by the name of The President, Directors and Chap. 119. An ACT in addition to an Act, entitled, "An Act to authorize the inhabitants of the Second Parish in Portland to tax the Pews and Seats in their Meeting-House, and to make valid certain former Proceedings of said Parish, and for other purposes in said Act mentioned." (March 7, 1804.] 1802 ch. 101. Chap. 120. 1792 ch. 7, &c. An ACT in addition to the several Acts now in Force, which respect the transporting, storing and safe keeping of Gunpowder, in the Town of Boston. [March 7, 1804.] Add. acts-1807 ch. 137: 1820 ch. 47. Chap. 121. An ACT making further Provision for the Proprietors of the Island of Nantucket. [March 7, 1804.} Chap. 122. An ACT to establish the Boundary Line between the First and Third Parishes in the Town of Brookfield, in the County of Worcester. [March 7, 1804.] Chap. 123. An ACT to repeal Part of an Act, entitled, "An Act to incorporate Stephen Higginson and others, into a Company, by the name of The Boston Marine Insurance Company. [March 7, 1804.] 1798 ch. 50. Chap. 124. An ACT to incorporate the westerly Part of the Plantation heretofore called Westpond, and the Gore adjoining, in the County of Kennebeck, into a Town by the name of Rome. [March 7, 1804.] Chap. 125. An ACT to repeal Part of an Act, entitled, "An Act to empower the Town of Boston to choose a Board of Health, and for removing and preventing Nuisances," and for making further Additions thereto. (March 7, 1804.] Further add. acts -1809 ch. 10. 125. New act-1816 ch. 44. See 1805 ch 27. 1799 ch. 10. Chap. 126. An ACT in addition to an Act, entitled, "An Act granting a Lottery for the Purpose of rendering the Locks and Canals at South Hadley passable for Boats and Rafts of Timber, without the aid of a Dam across Connecticut River." [March 7, 1804.] 1801 ch. 48. Chap. 127. Chap. 128. An ACT to establish a Turnpike Corporation, by the name of The Springfield and An ACT to incorporate Daniel Waldo and others, by the name and style of The Chap. 129. An ACT to incorporate Barnard's Township, Number One, and Mile-and-an-half Strip, on the easternside of Kennebeck River, in the County of Kennebeck, into a Chap. 130. An ACT to establish The Bluehill Turnpike Corporation. 1784 ch. 10. Peace empow ered to issue act-1805 ch. 26. An ACT to incorporate The Merrimack Humane Society. [March 7, 1804.] Add. any Chap. 131. [March 7, 1804.] Chap. 132. An ACT in addition to an Act, entitled, “An Act, regulating Bail in Civil Actions.” WHEREAS doubts have arisen touching the remedy where bail has been taken in civil actions before Justices of the Peace: SECT. 1. Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority Justices of the of the same, That whenever bail shall hereafter be taken on mesne process, in any civil action, triable before Justice writ of scire of the Peace, and there shall have been a return of non est infacias against ventus upon the execution which issued on a judgment rendered on such process, the said justice may proceed, within one year from the rendition of such judgment, to issue a scire facias upon the same judgment, against such bail, which writ being duly served seven days at least before the time therein set for trial and returned, the said justice may proceed to take cognizance thereof, and, if no just cause is shewn to the contrary to render judgment against such bail for the debt or damage and costs recovered against the principal, with additional damages and costs, and to issue execution accordingly. And it shall be no bar to such scire facias, that the debt and costs on bail. |