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Casco Bay and Dartmouth, as aforesaid, discharging her lading, or any part thereof, or having discharged her loading, or any part thereof, otherwise than abovementioned, the said ship, vessel or craft, together with her lading, shall be seized and forfeited, to be recovered and appropriated as aforesaid.

sels owned by

And be it further enacted, That from and after the said Duty upon vesfirst day of August next, there shall be paid by the mas- foreigners. ter, owner or consignee, of every ship, vessel or craft, owned either in part or in whole by any foreigner, at the time of entering the said ship, vessel or craft, into the hands of the Naval Officer of the ports of Boston, Falmouth and Dartmouth, aforesaid, for the use and benefit of this Commonwealth, a duty of Five shillings per ton, for each and every ton said vessel may measure by carpenters' measurement, and a further duty of Two shillings and eight pence per ton, as light money, in addition to what by law they are now subject to pay, for the use and service of the light houses, and shall likewise pay unto the Collector of Impost and Excise, for the counties of Suffolk, Cumberland and Bristol, double the duty on the goods imported Double duty to in said vessel, as is or may be paid at that time upon the goods imported like goods imported in a vessel belonging wholly to the citizens of the United States; and a further duty of Six Further duty of pence shall be paid upon every bushel of salt imported in any ship, vessel or craft, owned either in whole or in part, by any of the subjects of the King of Great Britain, and previous to their breaking bulk they shall give bond to the said Collector for the payment of the same.

in such vessels.

six pence per

bushel upon salt British vessels.

imported in

Provided nevertheless, That the said duty of Six pence Proviso.. per bushel on salt, shall not be paid in case an open trade shall be permitted in the British dominions, and during the continuance of such open trade; such permission to be signified by the Governor's proclamation, as aforesaid.

And whereas some persons for the sake of enjoying more extensive privileges in commerce, have had double setts of papers for their vessels, in order that they might appear the property of one nation or another, as might best answer their purposes; for the prevention of which impositions:

Vessels having papers on

double setts of

board, &c. to be

Be it enacted, That from and after the first day of August next, any vessel which may appear to have two setts of papers, by the one of which she may appear to forfeited. be the property of the citizens of the United States, and by the other the property of foreigners; or if it shall be

Forfeitures, how applied.

Naval Officers, previous to admitting an entry, to adminis

certify the

same.

made to appear, that any vessel that has cleared at any naval office in this Commonwealth, as the property of the citizens of these States, shall afterwards enter and discharge her cargo taken in and cleared as aforesaid, in any foreign port, as the property of a foreigner; said vessel upon her return into this Commonwealth shall be forfeited, and may be seized by the Naval Officer of the port where she may be found, or by any other person or persons, who may prosecute for the same, to be recovered, and the money arising from such forfeiture, to be applied as aforesaid, and the master of such vessel so offending, shall forfeit and pay for the use of this Commonwealth, a sum of One hundred pounds, to be recovered as aforesaid.

And be it further enacted, That each Naval Officer in this Commonwealth, previous to his admitting any vessel ter an oath, and to an entry, shall administer the following oath or affirmation, to the master, or one of the principal owners thereof, (provided said vessel shall appear to be the property of the citizens of these States) and certify it on the back of the register (if not done before) in the following words: PORT of

Form of the certificate.

Naval Officers,

Collectors of

Impost and Exdeputies, neg.

cise, or their

lecting their duty.

Penalty.

Then personally appeared before me

that the said

178.

one of

the principal owners (or the commander, as the case may
be) of the
and made solemn oath (or affirmation)
is the sole property of the citizens
of the United States, and that no foreigner, directly or
indirectly, hath any part or share therein.

Naval Officer.

And be it further enacted by the authority aforesaid, That if any Naval Officer or his Deputy shall presume to enter or clear any vessel, contrary to the true intent and meaning of this act, or if any Naval Officer, Collector of Impost and Excise, or their Deputies, shall neglect any of the duties required of them by this act, he or they, so offending or neglecting their respective duties, shall forfeit and pay the sum of Three hundred pounds, one moiety thereof for the use of this Commonwealth, and the other moiety thereof for the use of the person or persons who may prosecute for the same, to be sued for and recovered in any Court of Record in this Commonwealth proper to try the same; and in addition thereto, shall be rendered incapable of any further exercise of his or their respective offices.

Provided nevertheless, That nothing in this act shall be Proviso. construed to prevent any ship or vessel built in this Commonwealth, and owned either in whole or in part by any of the subjects of the King of Great Britain, from taking a cargo upon her first departure from this Commonwealth, upon the same terms and no further restrictions than if said vessel was owned by the citizens of these States.

shall continue in

And be it further enacted, That this act shall continue Time this act in force until the United States, in Congress assembled, force. shall be vested with competent power for the purpose, and shall have passed an ordinance for the regulation of the commerce of these States, and the period may arrive when the said ordinance is to take effect, and no longer. June 23, 1785.

1785.-Chapter 9.

[May Bession, ch. 8.]

AN ACT FOR ERECTING THE WESTERLY PART OF THE TOWN Chap. 9

OF WESTMINSTER, THE SOUTHWESTERLY PART OF ASH-
BURNHAM, THE SOUTHEASTERLY PART OF WINCHENDON,
AND THE EASTERLY PART OF TEMPLETON, IN THE COUNTY
OF WORCESTER, INTO A TOWN BY THE NAME OF GARDNER.

Whereas the inhabitants of the westerly part of the town Preamble. of Westminster, the southwesterly part of the town of Ashburnham, southeasterly part of the town of Winchendon, and the easterly part of the town of Templeton, in the county of Worcester, have represented to this Court the difficulties they labour under in their present situation, and request that they may be incorporated into a separate town, and it appearing to this Court proper to comply with their said request:

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the westerly part of the town of Westminster, southwesterly part of the town of Ashburnham, southeasterly part of the town of Winchendon, and the easterly part of the town of Templeton, in the county of Worcester, bounded as follows, viz. - Beginning at the Boundaries. west corner of the town of Westminster, running south easterly on the town line on Templeton and Hubbardston, to the southeasterly corner of lot Number thirty-two, third division; thence running northeasterly, straight to the southeasterly corner of lot Number ninety-one, second division; from thence, upon the line between lots Number ninety

one and ninety-two, to Ashburnham town line; thence running southwesterly on Ashburnham line to the northeast corner of lot Number fifty-five, second division, in Ashburnham; thence by the northeasterly line of said lot to the north corner of the same; from thence strait to the northeast corner of lot Number forty-five, second division; from thence on the north line of the same, to the northwest corner on Winchendon line; from thence northeasterly on said line, to the northeast corner of lot Number fifteen, second division, on Ashburnham line; from thence southwesterly on a straight line, to the northwesterly corner of lot Number one hundred and sixty, on Templeton line; from thence southeasterly on said line, to the southeast corner of lot Number eighty-four, second division; from thence on the southerly line of said lot, to Otter River, so called; from thence up said river, to Westminster town line; from thence on said line, to the first mentioned corner; porated, and in. be, and they hereby are, erected into a town by the name of Gardner; and the inhabitants thereof hereby are invested with all the powers, privileges and immunities, which the inhabitants of other towns within this Commonwealth do or may by law enjoy.

Gardner incor

vested with powers.

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Owners of lots

cut by the lines,

held to pay

taxes to the

their houses

now stand.

Proviso.

And be it further enacted, That where the lots that are now settled are cut by the above lines, every owner of town in which such lot shall be holden to pay taxes for the whole of such lot, to that town in which his house now stands. Provided nevertheless, If any owner of such lot shall return a certificate into the Secretary's office, within six months after the passing of this act, expressing his desire to belong, with his said lot, to the other town, such lot, and the owner thereof, shall forever afterwards be holden to pay taxes to the other town accordingly.

Inhabitants

shall pay taxes already granted.

Nicholas Dyke, Esq; to call a meeting.

And be it further enacted by the authority aforesaid, That the inhabitants of the said town shall pay their proportion of all taxes already granted, to be raised in the several towns from which they were respectively taken.

And it is further enacted, That Nicholas Dyke, Esq; be, and he hereby is, empowered to issue his warrant directed to some principal inhabitant, requiring him to warn and give notice to the inhabitants of the said town to assemble and meet at some suitable time and place in the said town, to choose all such officers as towns by law are required to choose, at their annual town meeting, in the month of March. June 27, 1785.

1785.- Chapter 10.

[May Session, ch. 9.]

AN ACT FOR INCORPORATING CERTAIN LANDS BELONGING TO Chap. 10

A NUMBER OF INHABITANTS OF THE TOWN OF SPRING-
FIELD, LYING ON THE PINE PLAIN, IN SAID TOWN.

Whereas application hath been made to this Court, by Preamble. the petition of Thomas Dwight, for himself and in behalf of the persons hereafter named, viz.: Moses Bliss, Esq; Ebenezer Warriner, Timothy Bliss, Joseph Clough, William Pynchon, Esq; Alexander Bliss, Aaron Warriner, Jacob Cooley, Charles Brewer, Elam Burt, John Ashley, Luke Bliss, David Ashley, Andrew Colton, Preserved White, George Pynchon, Edward Stebbins, Solomon Ferre, and Thomas Bates, representing, that they are the proprietors of certain parcels of land on the Pine Plains (so called) in said Springfield, lying contiguous each to the other, which are now without fence or inclosure, and on that account subjected to damage and rendered of little value to them; and praying that said lands (containing about seven hundred acres) may be erected into one common and general field, as included, when collectively taken, within the following description and boundaries, viz.: The tract of land lying in said Springfield, on the south side of the highway leading from Springfield to Wilbraham, called the sixteen acre road, and bounding northerly thereon, lying also west of the brook called Stone Pit Brook, north of Mill River meadow, bounding south thereon, and the fence inclosing the said meadow; lying also east of a town way, leading from Boston road to the highway which leadeth by the house of David Ashley, and bounding west on said town way; also bounding east on a lot of land owned by Elisha Ferre, lying a little west of said Stone Pit Brook Therefore

:

incorporated

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the lands aforesaid, being all the lands Lands described included within the description and boundaries aforesaid, into one general be, and hereby are, incorporated into one common and field. general field; and the proprietors and owners of the said lands are hereby invested with all the powers and privileges which the proprietors of lands in general fields by law are invested withal.

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