reason of incapacity, misdemeanor, negligence or breach of trust. &c. to be under Judicial Court. And to the intent that the said donation may not be wasted, mismanaged, or perverted from its original intention : Be it further enacted by the authority aforesaid, That the Corporation, said corporation and the donation itself, shall always be the direction of under the visitation and direction of the Supreme Judicial Court, who are hereby empowered to visit the said corporation to rectify all abuses, to determine all matters of doubt or dispute touching the duty of the Trustees, and the use, application or appropriation of monies or interests to the same donation belonging; and to make all such orders and regulations with respect to the use, management and appropriation of the same donation, and every part thereof, as they shall judge necessary or useful in order to promote the best interest of the school, according to the true meaning and intention of the testator, and such laws of this Commonwealth as may be in force respecting the same; and the said Court whenever they shall judge necessary, Empowered to shall cause the said Trustees to come before them, either to tees to come berender an account of expenditures and dispositions of fore them. monies, or to answer for any mismanagement or breach of trust; and the Trustees shall appear and lay their accounts, papers, records and corporation books, before the said Court for inspection, whenever they shall be required thereto. cause the Trus possession, &c. estate given in erect a school, And be it further enacted, That the said Trustees and Trustees to have their successors forever, shall have the possession, man- of the whole agement and disposition of the whole interest and estate, the will. real and personal, which is contained in and given, bequeathed, devised or disposed of by the above recited clause in the will aforesaid; and they are hereby empow- Empowered to ered and directed, as soon as conveniently may be, to erect employ instructand maintain a Free School within the said town of Wil- ors, &c. liamstown, for the instruction of youth, in such manner as most effectually to answer the pious, generous and charitable intention of the testator, and agreeable to such orders and directions as they may from time to time receive from the Supreme Judicial Court; and they are hereby empowered to appoint and employ such instructors, masters and officers, as shall be necessary for that purpose. And to the intent that the said Trustees may be enabled in the most easy and expeditious manner, to receive into their own possession and management the whole estate, property and interest contained in the aforesaid donation: Executors to ex ecute to the of the lands, &c. yet unsold. Be it further enacted by the authority aforesaid, That the Trustees, deeds said executors shall, at the request of the Trustees, make and execute to the said Trustees a deed or deeds of conveyance of all such lands or real estate as belong to said donation, and yet remain unsold, in which deed or deeds it shall be expressed, that the executors do grant to the Trustees the right, estate and interest of the testator, and of themselves, in and to the described lands or tenements; and the said deed or deeds so made and executed, being acknowledged and registered according to law, shall be good and effectual, to pass the fee of such lands or teneTo deliver to the ments to the Trustees and their successors forever; and the Trustees, all personal securities, said executors shall deliver over into the hands of the &c. now in their Trustees at their request, all such personal securities or hands. Trustees empowered to bring actions against obligors, &c. Preamble. In case of a surplusage, how to be employed. mortgages as the executors now have in their own hands, and which are a part of the same donation; all which securities, whether bonds, promisory notes, mortgage deeds, or of what name or description soever, being indorsed with the name of the said executors, or one of them, and delivered as aforesaid, shall become the property of the Trustees to all intents and purposes; and they are hereby empowered, in the name of the corporation, to bring any action or actions against the obligors, promisors, mortgagors or tenants, for recovering the contents of the same securities, or possession of mortgaged estates, which action or actions shall be holden to be good and valid in law for that purpose, as if the securities or mortgage deeds had been originally made to the Trustees by their corporate names. And whereas the testator has directed, that in case his principal donation should afford an interest more than sufficient for the support and maintenance of the school in Williamstown, the surplusage should be improved to the use of a school in the East Township, now called Adams, in the said county of Berkshire; and whereas questions and disputes may arise touching the meaning and extent of this part of the will, and when there may be said to be a surplusage beyond what should be necessary, according to the intent of the testator, for the support of the school in Williamstown: Be it further enacted, That in case of such surplusage, the said Trustees are hereby empowered and directed to use and employ the same for erecting and supporting a Free School in the said town of Adams, in the same manner as has been in this act before provided in respect of the school in Williamstown; and that all questions and disputes that may arise concerning such surplusage, and the duty of the Trustees in respect of the several schools, shall be determined by the Supreme Judicial Court; and the Trustees shall always conform their conduct and administration herein, to such orders and determinations as shall from time to time be made by the same Court. powers vested Judicial Court. And be it further enacted, That the Supreme Judicial Discretionary Court may at their discretion exercise all the powers vested in the Supreme in them by virtue of this act, at any of their sessions holden within the counties of Berkshire or Hampshire; and in all trials at law the Court ex officio shall take notice of this act, and the same shall be holden as a public act to all intents and purposes whatsoever, and the same shall be given in evidence under any general issue. 1784. Chapter 50. [January Session, ch. 18.] March 8, 1785. AN ACT AGAINST SELLING UNWHOLESOME PROVISIONS. Whereas some evilly disposed persons, from motives of ararice and filthy lucre, have been induced to sell diseased, corrupted, contagious or unwholesome provisions, to the great nuisance of public health and peace: Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That if any person shall sell any such diseased, corrupted, contagious or unwholesome provisions, whether for meat or drink, knowing the same, without making it known to the buyer, and being thereof convicted before the Justices of the General Sessions of the Peace, in the county where such offence shall be committed, or the Justices of the Supreme Judicial Court, he shall be punished by fine, imprisonment, standing in the pillory, and binding to the good behaviour, or one or more of these punishments, to be inflicted according to the degree and aggravation of the offence. March 8, 1785. 1784. Chapter 51. [January Session, ch. 19.] Chap. 50 AN ACT AGAINST PERJURY AND SUBORNATION OF PERJURY. Chap. 51 Be it enacted by the Senate and House of Representatives in General Court assembled and by the authority perjury. Punishment for of the same, That if any person being lawfully required to depose the truth in any proceeding in a course of justice, shall commit any manner of wilful perjury, every person so offending and being thereof convicted before the Justices of the Supreme Judicial Court, shall forfeit and pay a fine not exceeding three hundred pounds, or be set in the pillory not more than two hours, nor less than one hour at a time, and at divers times and places, or shall be whipped at the public whipping post, not exceeding thirty-nine stripes, on the naked back, at one or more times and places, not exceeding three times or three places, and shall suffer all or part of these punishments according to the aggravation of the perjury, as affecting life, liberty, reputation or property; and the oath of such person so offending, and thereof duly convicted as aforesaid, shall not be received in any Court of record, until such time as the judgment given against such person shall be reversed. of perjury. And be it further enacted by the authority aforesaid, For subornation That if any person shall commit subornation of perjury, by procuring another person to commit wilful and corrupt perjury as aforesaid, every person guilty of such subornation of perjury, and being thereof duly convicted, shall be liable to, and suffer the same forfeitures, pains, penalties and disabilities, in all respects as abovementioned, according to the aggravation of his offence. Punishment for endeavouring to incite others to commit perjury. Chap. 52 And be it further enacted by the authority aforesaid, That if any person shall wilfully and corruptly endeavour to incite or to procure another person to commit wilful and corrupt perjury as aforesaid, and the person so incited do not commit such perjury, the person so corruptly endeavouring to incite and procure the committing of perjury, shall be punished by fine, not exceeding One hundred pounds, or imprisonment, not exceeding two years, or both, according to the aggravation of the offence, and binding to the good behaviour, at the discretion of the Court before whom the same is tried. 1784.- Chapter 52. [January Session, ch. 20.] March 9, 1785. AN ACT FOR THE PUNISHMENT OF ROBBERY. Be it enacted by the Senate and House of Representatives, in General Court assembled and by the authority of robbery. the same, That every person who shall feloniously assault, Punishment for rob and take from the person of another, any money, goods, chattels or other property that may be the subject of theft, and shall be thereof convicted, shall be adjudged guilty of felony, and shall suffer the pains of death. an assault, with And be it further enacted by the authority aforesaid, That if any person shall with any offensive weapon, or by Punishment for menacies, or in any forceable or violent manner assault a felonious any person, and demand of him any goods, money or intent. other property that may be the subject of theft, with a felonious intent to rob him, and being thereof convicted, he shall be punished by fine, not exceeding one thousand pounds, imprisonment, setting in the pillory, whipping, setting on the gallows with a rope about his neck and the other end thereof thrown over the gallows, confinement to hard labor, not exceeding three years, or either of these punishments, according to the degree and aggravation of the offence. March 9, 1785. 1784.- Chapter 53. [January Session, ch. 21.] AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE PUR- Chap. 53 Whereas the erecting a bridge over Charles River, in Preamble. the place where the Ferry between Boston and Charlestown is now kept, will be of great public utility, and Thomas Russell, Esq; and others having petitioned this Court for an act of incorporation to empower them to build the said bridge, and many persons under the expectation of such an act, have subscribed to a fund for executing and compleating the aforesaid purpose: corporated. Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the Hon. John Hancock, Proprietors inEsq; Thomas Russell, Nathaniel Gorham, James Swan, and Eben Parsons, Esquires, so long as they shall continue to be proprietors in the said fund, together with all those who are, and those who shall become proprietors to the said fund or stock, shall be a corporation and body politick, under the name of "The Proprietors of Charles River Bridge;" and by that name may sue and prosecute, |