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Militia Law, passed this session, and deliver them to the Adjutant General, in order that the several militia officers in the Commonwealth may be furnished therewith.
March 18, 1785.
ERING HIM TO PROCEED IN THE SETTLEMENT OF THE
On the petition of Benjamin Pierpont, representing, that he and his brother, William Pierpont, were appointed executors to the will of their brother, Mr. Ebenezer Pierpont, late of Roxbury, deceased, by the said deceased's last will and testament: That soon after their entering on the business of their said appointment, his said brother William died also: and praying to be empowered to proceed in the settlement of the said estate: And it appearing to this Court to be the desire of all the lawful heirs of the said Ebenezer Pierpont, that the said Benjamin Pierpont should proceed in the settlement of the said estate, agreeable to the last will and testament of the said testator : Therefore,
Resolved, That the said Benjamin Pierpont, be, and he is, hereby empowered to proceed in the settlement of the estate of the said Ebenezer Pierpont, in the same manner the said executors were authorized to do by the last will and testament of the said Ebenezer Pierpont; the said William Pierpont being deceased notwithstanding.
March 18, 1785.
ING A FINE LAID ON SAID TOWN, AND DIRECTING THE
On the petition of the town of Paxton, praying for abutement of the fines laid on them for not sending two men into the army for three years :
Resolved, That the town of Paxton be abated the fine for one man, being One hundred and twenty-eight pounds, nine shillings and six pence: And the Treasurer is hereby directed to credit the said town of Paxton for the above sum in the State Tax for 1783, March 18, 1785.
PASSED BY THE
GENERAL COURT, A. D. 1785.
Reprinted by WRIGHT & POTTER PRINTING COMPANY, State Printers.
ACTS AND LAWS,
PASSED BY THE GENERAL COURT OF MASSACHUSETTS:
BEGUN AND HELD AT BOSTON, IN THE COUNTY OF
owning Charztbe Selecssemble and to NUISANCES
for killing crea. tures for meat,
1785. – Chapter 1.
[May Session, ch. 1.]
Chap 1 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the Selectmen of Boston, Salem, Newbury Selectmen, with port and Charlestown, respectively, and of every other to seeign places town in this Commonwealth where the Selectmen thereof, tur together with any two Justices of the Peace in the same distilling spirits, county, shall judge such regulation to be necessary, shall from time to time, as occasion shall be, assign some certain places for the exercising of any of the trades or employments of killing creatures for meat, distilling of spirits, trying of tallow or oil, currying of leather, and making earthen ware, and forbid and restrain the exercise of either of them in other places not so approved and allowed; and all assignments of such houses or places by Selectmen, with the assent of two or more Justices, for the exercise of any of the occupations aforesaid, shall be entered in the town book where such Selectmen respectively belong ; and also made known by having notifications thereof posted up in some public places in the same town.
And be it further enacted, That when any house assigned When any for the exercising of either of the aforesaid trades or becomes a dui. employments becomes a nuisance by reason of offensive sessions to and ill stenches proceeding from the same, or becomes we made there to otherways hurtful or dangerous to the neighbourhood or travellers, it shall and may be lawful to and for the Court sance. of General Sessions of the Peace, within the county, to cause enquiry to be made thereinto by a jury, and to suppress such nuisance by prohibiting and restraining the
sance, Court of
cause enquiry to be made thereinto, and to sup press such nui.
Penalty for making use of houses, &c. other than such as are or may be assigned.
further use thereof for the exercise of either of the aforesaid trades or employments, under a fine not exceeding Three pounds a month, to the use of the poor of the town; or by causing such nuisance to be removed or prevented, as the said Justices in Sessions, in their discretion, shall think expedient and necessary.
And be it further enacted, That if any distiller, tallow
chandler, manufacturer of oil, currier, butcher or potter, as are or may shall make use of any house or place, other than such as
are or may be assigned and permitted in consequence of this act, for the exercise of the employments aforesaid, or any of them, the person so offending shall forfeit and pay a fine of Five pounds, one half thereof for the use of this Commonwealth, and the other half part for the use of him or them that shall prosecute and sue therefor, by action of debt, in the Court of Common Pleas; and if convicted on the presentment of a grand jury in the Court of Sessions or Supreme Judicial Court, the whole penalty shall enure to the use of the Commonwealth ; and in either case the offender shall also enter into recognizance in such sum as the same Court shall order, not to improve such building for either of the said purposes for the term of three years then next; and in default of entering into such recognizance, to be committed to the common goal; or such building may be taken down by the order of the same Court, as being a common nuisance, and the materials, or such part of them as may be necessary, sold at public auction, to defray the expence and charges; and in case the materials shall be insufficient, the residue of the charges to be levied by distress and sale of the offenders goods and chattels.
And be it further enaciod by the authority aforesaid, Fences, &c. set That all fences or buildings set up and erected on lands landing places, now used and improved as public landing places, or such sion, esteemed as may be hereafter laid out an appropriated to that use,
without lawful permission therofor, shall be esteemed nuisances, and may be abated as uch. June 7, 1785.
up on public
1785. – Chapter 2.
[May Session, ch. 2.) AN ACT AGAINST HAWKERS, PEDLARS _ND PETTY CHAPMEN.
Whereas inconveniencies arise to trade, by hawkers, pedlars and petty chapmen, passing 19, from and through the country, to vend goods, wares and merchandize :