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Empowered with respect to real estate.

First meeting.

Boundaries.

religious Society; and shall give in his or her name to the Clerk of said Congregational Society, with a certificate signed by the Minister or clerk of the Parish, or other religious Society with which he or She may unite, that he or she has actually become a member of, and united in religious worship with such other Parish or religious Society fourteen days at least previous to the meeting of said Congregational Society in March or April annually; and shall pay his or her proportion of all money assessed in said Society previous thereto, such person shall from and after giving such certificate with his or her polls and Estates, be considered as a member of the Society to which he or she has so united.

SECT. 4. Be it further Enacted, that said Congregational Society, be and hereby is invested with the right to, and controul over all the Real Estate heretofore granted, bargained, sold, exchanged, reserved, given or appropriated to the Congregational Society, or for the support or use of the Congregational Ministry in said Town, with the appurtenances thereof, except the acre of land conveyed by said town to said Rolfe, to be held and appropriated by said Society for the sole use and benefit of the Congregational Ministry in said town forever.

SECT. 5. And be it further Enacted, that Thomas Parsons Esqr., or any other Justice of the Peace in said County of York, be and hereby is authorised and impowered to issue his Warrant directed to some suitable member of the said Society, requiring him to notify and warn the members of the said Society to meet at such time and place as shall be appointed in said Warrant, to choose such Officers as Parishes in this Commonwealth are by law entitled to choose in the Month of March or April annually. Approved March 2, 1802.

1801. - Chapter 56.

[January Session, ch. 32.]

AN ACT FOR INCORPORATING THE HORSE NECK, SO CALLED,
AND ALL THE SALT MEADOWS ADJOINING, IN THE TOWN
OF WESTPORT IN THE COUNTY OF BRISTOL, INTO A COM-
MON AND GENERAL FIELD.

Be it enacted by the Senate and House of Representatives, in General Court assembled, & by the authority of the same, That all the Horse Neck, so called, and Salt Meadows adjoining, lying in said Westport within the following discription and boundaries, viz. Beginning at

the Sea shore on the west side of the highway which is the dividing line between Dartmouth and Westport; thence southwesterly as the Drift way goes by the Sea shore to Gooseberry neck, so called; thence northwesterly as the sd. Drift way goes by the Sea shore to the harbour of Westport rivers, thence northerly and easterly, including all the said Horse neck and Salt meadows adjoining, untill it comes to the south side of a pond, about eighty rods westerly from the aforesaid highway, which pond in running out the highway aforesaid, was left for a watering place, thence from the south side of said pond in the line of the said watering place, untill it comes to the southeast corner of Job Almy's homestead farm, thence south in the line of the said highway to the Sea shore first mentioned, be, and hereby are incorporated into one common and general Field, and all the proprietors and owners of said Horse Neck and Salt meadows adjoining within the aforesaid described boundaries, are hereby vested with all the powers and priviledges, which the proprietors of land in General Fields by law are invested with.

Approved March 2, 1802.

1801.- Chapter 57.

[January Session, ch. 33.]

AN ACT TO SETT OFF A CERTAIN TRACT OF LAND WITH THE
INHABITANTS THEREON, FROM THE TOWN OF WESTFIELD
IN THE COUNTY OF HAMPSHIRE, & TO ANNEX IT TO THE
TOWN OF WEST SPRINGFIELD IN THE SAME COUNTY.

SECTN. 1. Be it Enacted by the Senate and House of Representatives in General Court assembled and by the Authority of the same, that Josiah Dewey, Pliny Loomis, Boundaries. Joel Dewey, Seth Victs, Joseph Rice, Noah Copley, Benjamin Copley, Darius Smith, Josiah Dewey Junr., John Smith and Juba Smith, with their polls & estates, together with all the land within the following limits, vizt. beginning at the northeast corner bounds of the Town of Southwick, and running northwardly on the ridge of the mountain which was formerly the bounds between Springfield & Westfield until it strikes Westfield or Agawam River near Morley's bridge, and from thence on a Straight line. to a White Oak Tree on the North side of said River, being the bounds between West Springfield & Westfield, be set off from the town of Westfield & annexed to the town of West Springfield.

Annexed to
W. Springfield.

SECTN. 2. Be it further Enacted by the authority aforesaid, that the said Tract of land with the Inhabitants thereon shall hereafter be a part of West Springfield, and shall be considered as making part of the fourth parish in said Town - Provided nevertheless, that the persons aforesaid and all persons owning land in said Tract hereby set off, shall be held to pay all Taxes now assessed on them by the Town of Westfield. Approved March 3, 1802.

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AN ACT TO INCORPORATE CERTAIN LANDS IN THE TOWN OF
DEDHAM, IN THE COUNTY OF NORFOLK, INTO A COMMON
FIELD.

Be it enacted by the Senate, and House of Representatives, in General Court assembled, and by the authority of the same, That the land in Dedham, lying within the limits hereafter expressed, known by the name of Fowl Meadow, beginning at the Major's Bridge, so called, then eastwardly, in part, on the Causey, and in part on the land of George White & Michael Harmon, then northwardly on land of said White and Harmon, in part, and on land of Daniel Fisher, or Asa Fisher Junr. till it comes to Neponset River; then on said river to the bridge aforesaid, be, and hereby are incorporated into a common and general Field; and the owners thereof are invested with all the powers and priviledges which the owners of common and general Fields are or may be invested by law. Approved March 3, 1802.

1801.- Chapter 59.

[January Session, ch. 35.]

AN ACT TO PREVENT THE DESTRUCTION OF THE FISH CALLED
ALEWIVES, IN THEIR PASSAGE UP AND DOWN IN THE
RIVER & OTHER STREAMS IN THE TOWN OF KINGSTON IN
THE COUNTY OF PLYMOUTH, AND FOR REGULATING THE
TAKING AND DISPOSING OF SAID FISH; AND FOR REPEAL-
ING AN ACT ENTITLED "AN ACT TO PREVENT THE DESTRUC-
TION OF THE FISH CALLED ALEWIVES, IN THEIR PASSAGE
UP THE RIVERS AND STREAMS IN THE TOWN OF KINGS-
TON IN THE COUNTY OF PLYMOUTH."

SEC. 1ST. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the Fish committee authority of the same, That the inhabitants of said town

to be chosen.

fish to be estab

of Kingston, at their annual meeting in March or April, be, and are hereby authorized and empowered to choose a Committee of five or more persons, to see that the laws respecting the passageways for said fish, be observed; and each person so chosen shall take an oath faithfully to discharge the duties required of him by law: And said Com- Price of the mittee shall oversee the taking of said fish in said town, lished. and shall distribute the fish taken by them, or under their direction as equally as circumstances will admit, to such of the inhabitants of said town as may apply for the same, and for the fish so supplied and delivered, the Committee aforesaid shall demand and receive of the person or persons receiving said fish, payment therefor at such rate or rates as the inhabitants of said town at their annual meeting in March or April may direct, excepting of such poor persons as may be named in a list to be annually made out by the Selectmen of said town, and who in the opinion of the Selectmen are unable to pay for the same, which list shall be given to the Committee, and the persons borne on the same shall be supplied with such quantities of said fish gratis, as the Committee may think expedient. And the Committee aforesaid shall have such allowance for their services, as the inhabitants of said town at the time of Annual settleappointing said Committee shall determine; and shall made. annually in the month of September next following their appointment exhibit their accounts to the Selectmen of said town for settlement and allowance, and pay the balance remaining in their hands, if any there be, to the Treasurer of the town of Kingston for the town's use.

ment to be

empowered to

with a proviso.

SEC. 2D. And be it further enacted by the Authority aforesaid, That the said Committee or the major part of Committee them be, and are hereby authorized and empowered to open dams, open any Dam or the Sluice of any Mill or other water works, erected, or that may be erected on, or across the river or any of the streams in said town, at the expense of the owner or owners of such Dam or Sluice; provided such owner or owners shall neglect to open the same when thereto required by said Committee or the major part of them as aforesaid: And the Committee shall also have full power to remove any other obstructions that may be made to the free passage of said fish in the river & other streams into the several ponds in said town, and for their repassing from said ponds into the sea: And the said CommitteeCommittee or either of them going or passing on or across be deemed

men not to

trespassers.

Penalty for taking fish

without leave.

Recovery of penalties.

Parents, &c.

answerable for minors.

the lands of any person for any of the aforementioned purposes, shall not be deemed or held as a trespass and any Dam or Sluice or passage way that may be opened as aforesaid, shall continue open to such depth and width, and for such length of time, as shall be necessary for the passing or repassing of the said fish as aforesaid. And if any person or persons shall obstruct the passage way allowed or ordered by said Committee, or the major part of them, in any Dam or Sluice way, or shall obstruct the passage of them in the river or any of the streams in said town, such person or persons so offending, shall forfeit and pay a sum not exceeding one hundred Dollars, nor less than fifty Dollars.

SEC. 3D. And be it further enacted by the Authority aforesaid, that if any person or persons, other than the said Committee, or such persons as shall be by them employed, shall take any of the said fish in the river or in any part of any of the streams in said town, at any time or by any ways or means whatsoever, each person so offending shall forfeit and pay a sum not exceeding twenty five Dollars nor less than five Dollars for every such offence.

SEC. 4TH. And be it further enacted by the Authority aforesaid, That the town of Kingston at their meeting in March or April annually, shall appoint particular places in each stream in said town, where said fish may be taken; & no Committee man, or person by them employed, or purchaser shall be deemed a trespasser in going on the lands of any person in order to take said fish, on their paying a reasonable compensation therefor if required. And the Committee chosen as aforesaid shall appoint certain days in each week from the first day of April annually, not exceeding four for four weeks successively, when the said fish shall be taken, and shall put up notifications in two public places in said town, of the times and places for taking said fish, before the tenth day of April annually.

SEC. 5TH. And be it further enacted by the Authority aforesaid, That all penalties incurred by the breach of this Act may be sued for and recovered by the Treasurer of the town of Kingston, for the time being, in any Court in the County of Plymouth, proper to try the same; and all sums so recovered shall be appropriated to the use of said town. And in case any minor or minors shall offend against any part of this act, and thereby incur any of the

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