Chap. 6 AN ACT PROVIDING A SPEEDY METHOD FOR DOING JUSTICE, Preamble. mistake execu on real estate the debtors, Justices may or der a writ of Scire Facias against such debtors. WHEN, THROUGH MISTAKE, EXECUTIONS ARE LEVIED ON Whereas it has happened that executions have been or may be extended and levied on real estate for the purpose of salisfying judgments of Courts, and after the levying such executions, it may appear that the real estate levied upon did not at the time of extending and levying such execution belong to the debtor, and thereby the creditor may be deprived of his just debt, or be at great expence in recovering it: Therefore, Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority When, through of the same, That in such cases, upon the application of tions are levied the creditor to the Justices of the Court from whence not belonging to such execution issued, such Justices may order a writ of Scire Facias to issue against such debtor, requiring him to appear before said Court, and shew cause, if any he has, why an alias execution should not issue against him for debt and costs; and if such debtor, being duly summoned, shall neglect to appear in obedience to such writ, or appearing, shall not shew sufficient cause why an alias. execution should not issue against him, the Court shall thereupon order an alias execution against such debtor for debt and costs; and the doings by virtue of the former execution shall be considered as void and of no effect in law; but if it shall appear to the said Court that the creditor had no just cause for such application, the debtor shall recover against the creditor double costs, and the Court shall award execution accordingly. Proviso. Chap. 7 Preamble. Provided nevertheless, That no application by any creditor shall be sustained after the expiration of two years from the time of extending and levying execution as aforesaid. June 14, 1785. AN ACT FOR INCORPORATING A CERTAIN TRACT OF LAND LYING Whereas a number of the inhabitants of a tract of land being part of the towns of Northampton and Southampton, in the county of Hampshire, have petitioned this Court to be incorporated into a separate district, for reasons set forth in their petition; and it appearing to this Court that it is expedient that the said tract of land, with the inhabitants thereon, (except as is hereinafter excepted) be incorporated: lands taken ampton. Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the lands taken from North- Boundaries of ampton, described as follows, viz.: Beginning in North- from Northampton, on Connecticut River, at the dividing line between the lots of Abner Barnard and Jonathan Janes, in that part of the common field called Hog's Bladder; from thence running in the course of the dividing line aforesaid across Danks's Pond; from thence on by the said pond to the dividing line between Joel Hannum and James Hurlbert's land; from thence on the same line to the highway; from thence on the same highway to the south side of the lot, in the little division originally laid out to John King, and upon the same line to the dividing line between the Lovefield and Hatefield tier, in the said division; from thence on the north side of the original lot in the Hatefield tier, laid out to Captain Clap, to the Westfield road; from thence to the north side of the lot in the long division, laid out to Nathaniel Phelps, and upon the same line to Westhampton, and in the dividing line between Northampton and Westhampton to Southampton line; and on the line between Northampton and Southampton to Springfield line; and on the dividing line. between Northampton and Springfield, to the line between the east and west tier of lots in the mountain division in Northampton; and from thence on the dividing line between the said tiers, to the northerly side of Elisha James's land, near the barn of Asahel Parsons; from thence on land of the said Asahel to the south side of Joel Parsons's lot; from thence to Connecticut River, and up the said river to the first described station. And Lands taken that the lands taken from Southampton described in the ampton. following manner-Beginning on the dividing line between Northampton and Southampton, at the west branch of Munhan River, between the lands of John Hannum and Elijah Pomeroy; thence running down the said river to the turn thereof, a little above the bridge; thence crossing the said river to a road; then by the from South Easthampton incorporated. Esq. to call a meeting. same road to the south side of Enos Pomeroy's land; then between the said land and the land of the heirs of Joshua Pomeroy, to the south branch of Munhan River; then up said river to another piece of land of said Joshua Pomeroy's heirs; then by the southwesterly line of the land of Benjamin Clap, between said Clap's land, and land by him sold to William Baldwin, to the highway; then by the said highway to the southwesterly side of the land of said Clap, at Wilton's meadow; then by the southwesterly side of said land to the land of Aaron Clap; and then by said Aaron Clap's southwesterly line to Westfield road, (excepting that Elijah Pomeroy, Caleb Pomeroy, Moses Bartlett and Preserved Bartlett's heirs, with their lands, are to remain to Southampton; and the lands within the tract aforesaid belonging to Elias Lyman, Elias Lyman, jun., Joel Lyman, Jonathan Lyman, Samuel Judd, Simeon Judd, John Alvord, jun. Daniel Masters, Josiah Wait, Abijah Wait, Asahel Parsons, Jonathan Parsons and Ephraim Parsons, are to remain to Northampton) together with the inhabitants thereon, be, and they are hereby incorporated into a district, by the name of Easthampton, and invested with all the powers, privileges and immunities, that districts in this Commonwealth are entitled to, or do or may enjoy, according to law. And be it further enacted by the authority aforesaid, Robert Breck, That Robert Breck, Esq; be, and he is, hereby empowered to issue his warrant directed to some principal inhabitant within the said district of Easthampton, directing him to warn the inhabitants of said district qualified to vote in town affairs, to assemble at some convenient time and place in the same district, to choose all such town or district officers as by law are to be chosen annually in the month of March. Proviso. Inhabitants to join with Northampton in the choice of a representative. Provided nevertheless, The inhabitants of the said district of Easthampton, which were before the passing this act inhabitants of any other town or place, shall pay their proportionable part of all such town, county and state taxes, as are already assessed or levied on them by the towns where they usually were taxed. And be it further enacted by the authority aforesaid, That the inhabitants of the said district shall have liberty, from time to time, to join with the town of Northampton in the choice of a Representative; and they shall accordingly be notified of the time and place of election in like manner with the inhabitants of said town of Northampton, by a warrant from the Selectmen of said town, directed to a Constable or Constables of said district, requiring him or them to warn the inhabitants to attend the meeting at the time and place assigned, which shall be seasonably returned by said Constable or Constables; and the Representative or Representatives may be chosen indifferently from said town and district; the pay or allowance to be borne by the town or district, in proportion as they shall pay from time to time to the State Tax. Provided likewise, That said district give up all their Proviso. right in any of the town lands, monies and obligations to which the inhabitants of said district were entitled, within the towns of Northampton and Southampton. And be it further enacted by the authority aforesaid, vested with lands. That all right of entry and right of action in, to, or for, Inhabitants the recovery of any lands or real estate within the limits right of entry, of the said district, which before and until the passing of certain this act the towns of Northampton and Southampton were vested with, shall accrue and enure by this act unto the inhabitants of the said district; and they, the said inhabitants of said district, shall, to all intents and purposes, be vested with the said right of entry and right of action forever. June 17, 1785. Whereas it is become expedient and necessary for this Preamble. Commonwealth to make some commercial regulations for the encouragement of their own trade: Therefore, Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That from and after the first day of August Exportation of next, and during the continuance of this act, there shall goods, &c. in not be exported from any port, harbour, creek, bay or inlet, prohibited. river or shore, or any other place within this Commonwealth, any goods, wares or merchandize, the growth, manufacture or produce of this or any of the United States, in any ship, vessel or craft of any kind, belonging (either in whole or in part) to, or being the property of, any of the subjects of the King of Great Britain. Proviso. goods on board, contrary to this act, to be forfeited. Provided nevertheless, and whereas proclamations and orders have been issued by the Governors of several parts of the British dominions, for prohibiting vessels belonging to any of the United States from entering their ports or trafficking there: Be it further enacted, That in case the said proclamations and orders shall be reversed, and an open trade allowed to such vessels, and the Governor of this Commonwealth being certified thereof, shall by advice of Council publickly signify the same by his proclamation, then shall the foregoing clause of this act be discontinued, and shall cease to operate during the time such open trade shall be allowed. And be it further enacted by the authority aforesaid, Vessels having That from and after the said first day of August next, if any ship, vessel or craft of any kind, as aforesaid, be found in any port, harbour or creek, or any other place within this Commonwealth, taking on board, or having taken on board while in this Commonwealth, any of the articles aforesaid, contrary to the true intent and meaning of this act, every such ship, vessel or craft, together with their lading, shall be forfeited, and shall and may be seized by any Naval Officer, Collector of Excise or his Deputy, or by any other citizen or citizens of the United States, and the same may be sued for, prosecuted and recovered in any Court of Record within this Commonwealth, proper to try the same; and after deducting the charges of prosecuting the same, from the gross produce thereof, the remainder shall be given, one moiety to the person or persons who shall have made the seizure and prosecuted the same, and the other moiety shall be paid into the treasury of this Commonwealth, for the use of the same. No goods to be taken or landed not belonging to the United States, in any port, &c. except And be it further enacted, That from and after the first from any vessel day of August next, there shall not be taken out or landed from on board any ship, vessel or craft, not wholly belonging to, or the property of, the citizens of the United States, any goods, wares or merchandize, in any port, harbour or creek, or any other place within this Commonwealth, except the ports of Boston, Falmouth in Casco Bay and Dartmouth; and if any ship, vessel or craft, not wholly owned as aforesaid, shall be found in any port, harbour or creek, or any other place within this Commonwealth, except the ports of Boston, Falmouth in |