lars, &c. going

goods.

Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That every hawker, pedlar, petty Hawkers, pedchapman, or other person going from town to town on from town to foot, or with a horse or horses or otherwise, carrying to town, to sell sell, or exposing to sale, any wares, goods or merchandize, within this Commonwealth, shall forfeit, a sum not exceed- Forfeiture. ing Four pounds, nor less than twenty shillings, also one quarter part of all such goods, wares or merchandize by him or them exposed to sale, or so conveyed or transported as aforesaid, to him or them that shall prosecute therefor, by information or complaint before the Court of General Sessions of the Peace in the same county.

Peace to sum

complained

ognize.

Provided nevertheless, That nothing herein shall prohibit Proviso. or hinder any person, who is the real worker or maker of any goods or wares, or his servants or agents, from carrying abroad, exposing to sale, or selling any of the said goods or wares of his own making, or other articles manufactured within this Commonwealth, in any fair, market or elsewhere, or from selling any fish, fruits or provisions; or any tinker, cooper, glazier, or mender, or other person, from going about and carrying with him proper materials for mending the things usually made or mended in the exercise of his trade. And any Justice of the Peace, upon Justices of the complaint to him made of any such offence, may arrest mon persons or summon before him the person or persons complained against, and oragainst, and order him or them to recognize, with suffi- der them to reccient surety or sureties, to appear and answer the complaint or information that may be exhibited against him or them, before the next Court of Sessions of the Peace in the county where the offence is said to be committed; and for want of sufficient surety, to commit such offender or offenders to the common goal of the county; and also to secure and detain all such goods, wares and merchandize until the trial. Provided, The complainant will Proviso. enter into recognizance with surety before the same Justice, to the supposed offender, in a sufficient sum, to pay cost, in case the complainant shall fail of prosecuting or convicting the offender; and the Court of General Sessions of the Peace may assess costs upon the trial for or against the complainant, as the case may require; and all taverners, ale house keepers, common victuallers or Penalty for enretailers, that shall knowingly entertain any hawker, hawkers, &c. pedlar or petty chapman, or other trading person afore

tertaining

Chap. 3

Preamble.

out cattle, &c. at

large.

said, for the space of twelve hours, shall forfeit and pay the sum of Twenty shillings, for every six hours after the first twelve (unless the departure of such hawker, pedlar or petty chapman shall be prevented by means of sickness, or any other unavoidable necessity) to him or them who will prosecute and sue therefor by action of debt. June 9, 1785.

1785.- Chapter 3.

[May Session, ch. 3.]

AN ACT TO PREVENT DAMAGE BEING DONE BY NEAT CATTLE
AND HORSES ON POCHA BEACH, IN THE TOWN OF EASTHAM
AND MEADOW THEREUNTO ADJOINING.

Whereas it appears to this Court by the representation of the proprietors in the south part of the town of Eastham, that the turning out of cattle and horses on the beach called Pocha Beach, and on the meadow thereunto adjoining, lying in the south part of the town of Eastham, doth greatly endanger the loss of the said meadow: To prevent which,

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority Persons turning of the same, That after the passing of this act, if any person or persons shall turn out any of his or their cattle or horses to go at large, on any part of the aforesaid beach or meadow, at any time between the first day of April and the last day of November, yearly, he or they shall forfeit and pay for each offence, Ten shillings a head for every neat beast or horse kind of one year old, or upward, that shall be found going at large on the aforesaid beach and meadow, within the limits of the said propriety; which penalty shall be recovered by such person or persons as shall be appointed by said proprietors, to sue for and recover the same in any Court proper to try such cause.

Penalty.

Cattle, &c. found at large, to be impounded.

And be it further enacted, That if any neat cattle or horse kind shall, at any time after the passing of this act, be found at large on the aforesaid beach or meadow, it shall and may be lawful for such person as the said proprietors shall appoint, forthwith to impound all such cattle or horses (found as aforesaid) in the town's pound, in Eastham; whereupon he shall immediately give notice thereof to the owner or owners, if known, otherwise shall

give public notice thereof in writing, by posting up the said notice of impounding such creatures, in Eastham, Harwich and Chatham, in some public place, in each of the said towns; and the impounder shall relieve the said creatures with suitable meat and water while impounded; and if the owner or owners thereof appear to redeem his, her or their impounded creature or creatures, he or she shall pay Two shillings to the impounder for each neat beast or horse kind; and to the pound keeper, reasonable cost for relieving such creatures, besides the fees established by law for each neat beast or horse kind so impounded; and the further sum of Ten shillings such owner shall pay into the hands of the clerk of said propriety within four days after such redemption, being the penalty before prescribed in this act, or be subject to the suit of such person as shall be appointed as before provided, to sue for and recover the same by action of debt before any Justice of the Peace in the county of Barnstable. And if no owner appear within the space of five No owner apdays to redeem such cattle or horse kind so impounded, five days, the and to pay the cost occasioned by impounding the same, pounding such then, and in every such case, the person impounding such creatures shall creature or creatures shall cause the same to be sold at to be sold. public vendue, and pay the cost and charges thereby arising; public notice of the time of such sale to be given in said town of Eastham, and in the towns of Harwich and Chatham, forty-eight hours at least beforehand; and the overplus, if any there be, arising by such sale, to be overplus arts. ing by such sale, returned to the owner or owners of such creature or how applied. creatures so sold, at any time within twelve months next after, or upon his demanding the same; but if no owner appear within said twelve months, then the said overplus shall be one half to the party impounding any such cattle or horse kind, and the other half to the use of the poor in the town of Eastham.

pearing within

person im

cause the same

see to the observance

And be it further enacted, That the proprietors afore- Proprietors to said, at a meeting legally warned for that purpose, shall song to meet perchoose one or more meet person or persons belonging to of this act. their propriety, whose duty it shall be to see to the due observance of this act, and who shall be sworn to the faithful discharge of their office; and in case any person so chosen shall refuse to be sworn, he shall forfeit and pay Forty shillings, for the use of the poor in said town of Eastham; and upon such refusal, the said proprietors

shall from time to time proceed to a new choice of such
officer or officers, until one or more person or persons will
serve therein.
June 14, 1785.

1785. Chapter 4.

[October Session, ch. 1.]

Chap. 4 AN ACT FOR ANNEXING A GORE OF LAND LYING BETWEEN THE

Boundaries.

Annexed to
Worcester.

TOWNS OF WORCESTER AND SUTTON, TO THE TOWN OF
WORCESTER.

Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the
same, That the Gore of land lying in the county of
Worcester, and between the towns of Worcester and
Sutton, bounded as follows, viz.: Beginning at the south-
easterly corner of the town of Worcester, from thence
running southerly on a right line until it comes to the
northeast corner of the farm which formerly belonged to
Isaac Morse; thence running south five degrees west,
eighty-seven perch, on the easterly side of said farm, to a
stake and stones on Sutton line; from thence running
westerly on said line, to a white oak tree, being the
southwest corner of John Goddard's land; thence running
northerly on Ward town line until it comes to Worcester
line; thence easterly on said Worcester line, to the first
mentioned bound; together with all the inhabitants resid-
ing on said Gore of land, be, and hereby are, annexed to
the town of Worcester, there to do duty and receive
privileges equal to the other inhabitants of said town.
June 14, 1785.

1785.- Chapter 5.

[May Session, ch. 4.]

Chap. 5 AN ACT FOR GRANTING A LOTTERY FOR THE REPAIRING OF

Preamble.

LEICESTER ACADEMY, AND MAKING ADDITIONAL BUILDINGS
THERETO.

Whereas it appears that great benefit may accrue to this Commonwealth if Leicester Academy should be repaired, and additional buildings be made; and the Trustees have represented their present inability to accomplish the same without the aid of the Legislature, and requested that a Lottery may be granted for those purposes:

raised.

appointed.

Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That a sum not exceeding Six hun- Sum to be dred pounds be raised by a Lottery for the purpose of repairing said Academy and making the additional buildings; and that Joseph Allen, Esq; of Worcester, and Managers Messieurs Thomas Newell and Thomas Denny, of Leicester, or any two of them, shall be managers of the said Lottery, who shall be sworn to the faithful performance of To be sworn. their trust; and shall, as soon as may be, publish a scheme of said Lottery in such public news papers as they may think most proper, and they shall also publish therewith all necessary rules and regulations for the management thereof; and all prizes which may be drawn in the said Lottery shall be paid without any deduction, provided they are demanded within six months after the drawing of the said Lottery, otherwise the money arising from such prizes shall be appropriated to the purpose

aforesaid.

forgery.

And be it further enacted, That if any person shall forge, Penalty for counterfeit or alter any lottery ticket issued by virtue of this act, or shall pass or utter any such forged, counterfeited or altered ticket, knowing the same to be false, forged, counterfeited or altered, or shall counsel, advise or assist in forging, altering or counterfeiting the same, every person so offending, and being thereof convicted before the Supreme Judicial Court of this Commonwealth, shall be punished by being set on the gallows for the space of one hour, with a rope round his neck, or shall pay a fine not exceeding One hundred pounds, to the use of this Commonwealth, or suffer not more than twelve nor less than two months imprisonment, or be publickly whipped, not exceeding thirty-nine stripes, at the discretion of the said Supreme Judicial Court, according to the nature and circumstances of the offence.

give security.

Provided always, That the said Joseph Allen, Esq; Managers to and Messieurs Thomas Newell and Thomas Denny, give security to the Treasurer of this Commonwealth, in the sum of Twelve hundred pounds, that they will pay into the hands of the Treasurer of said Academy, the net proceeds of said Lottery, to be disposed of as the Trustees of said Academy shall order, agreeably to this act.

June 14, 1785.