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and improve lands, &c.

Proprietors

And be it further enacted, That each and every of the may be at libenty to inclose proprietors aforesaid may be at full liberty at any and all

times hereafter, to inclose and improve by themselves, any of their lands lying within the limits aforesaid, as if such act of incorporation had not been made ; they maintaining their respective proportions of the general fence around the same.

June 27, 1785.

1785. – Chapter 11.

(May Session, ch. 10.)

Chap. 11 AN ACT TO AUTHORIZE THE UNITED STATES IN CONGRESS AS

SEMBLED, TO APPOINT COMMISSIONERS TO COMPLEAT THE
RUNNING THE LINE OF JURISDICTION BETWEEN THE COM-
MONWEALTH OF MASSACHUSETTS AND THE STATE OF NEW
YORK, ON THE EASTERLY PART OF THE STATE OF NEW
YORK.

Preamble.

Whereas an agreement was made and entered into, on the eighteenth day of May, in the year of our Lord, One thousand seven hundred and seventy-three, between Commissioners appointed by an act of the Legislature of the lale Province of Massachusetts Bay, and Commissioners appointed by an act of the Legislature of the late Colony of New York, for the settlement of a partition line of jurisdiction between the said late Province of Massachusetts Bay and the late Colony of New York, on the easterly part of the said Colony of New York : And whereas, since the agreement made as aforesaid, Commissioners and Surveyors have been appointed on the part of the Commonwealth of Massachusetts and the State of New York, respectively, to run and mark the said line pursuant to the said agreement; which Commissioners, although attempts have been made for that purpose, have not been able to compleat the running the said line: And whereas the State of New York, by an act of their Legislature, passed on the seventh day of March, One thousand seven hundred and eighty-five, have on their part authorized the United States in Congress assembled, to appoint three skilful, judicious and disint rested persons, as Commissioners, to run out, survey, mark and ascertain the said line of jurisdiction, according to the true intent and meaning of the agreement above referred to:

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That it shall and may be lawful to and for the

sworn, &c.

United States of America, in Congress assembled, and United States in they are hereby fully authorized to appoint three skilful, bled, authorized judicious and disinterested persons, as Commissioners, to missioners. run out, survey, mark and ascertain the said line of jurisdiction, between this Commonwealth and the State of New York, according to the true intent and meaning of the agreement abovementioned.

And be it further enacted by the authority aforesaid, That the line so to be run, marked and ascertained by the Line run by the said Commissioners, or any two of them, according to the to remain a jutrue intent and meaning of the said agreement, shall be, boundary line. and forever hereafter remain, a jurisdiction or boundary line, as far as the same shall extend, between this Commonwealth and the easterly part of the State of New York.

Provided always, That the Commissioners so to be proviso, that appointed, shall, before they proceed upon the execution sioners be of their trust, be sworn faithfully and impartially to per'form the same according to the best of their skill and judgment; and shall, within two years from the seventh day of March, One thousand seven hundred and eightyfive, complete the said survey, and make a true and exact return thereof into the Secretary's office of the United States in Congress assembled, to be there filed as a perpetual evidence of the said jurisdiction line.

And be it further enacted by the authority aforesaid, That the Governor, by and with the consent of the Governor, with Council of this Commonwealth, is hereby authorized to Council, author. appoint one or more person or persons to furnish the said persons to fur. Commissioners, which shall be appointed by Congress to missioners with run and ascertain the line aforesaid, with the necessary documents and documents and papers relative to the said line, and to papers. make his warrant on the Treasurer of this Commonwealth in favour of the person or persons so to be appointed, for the sum of Three hundred pounds, to be applied, if necessary, for the payment of one half of the expences attending the survey, and for which they shall be accountable to this Commonwealth.

June 29, 1785.

1785. - Chapter 12.

[May Session, ch. 11.] AN ACT FOR THE FILING AND RECORDING OF WILLS PROVED Chap. 12

WITHOUT THIS GOVERNMENT, AND FOR TAKING AFFIDAVITS
IN WRITING FOR THE PROBATE OF WILLS IN CERTAIN CASES.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of

this Govern. ment, filing and recording thereof shall be of the same force as of an

Persons inter. ested in wills proved without this govern

tions how to proceed.

Copy of animwill the same, That where the copy of any will which has been

proved and allowed in any Probate Court in any of the United States, or in any foreign State or Kingdom, shall

be directed to be filed and recorded in any Probate Court original will. in this Government pursuant to this act the filing and

recording thereof shall be of the same force and effect as the filing and recording of an original will proved and allowed in the same Court of Probate; and the said Judge may thereupon proceed to take bonds of the executor, or grant administration of the said testator's estate lying in this government, with the will annexed, and settle the said estate in the same way and manner as by law he

may or can upon the estates of testators whose wills have been duly proved before him.

And be it further enacted, That when the executor or

any other person interested in a will that has been proved ment, desiring and allowed in a Court of Probate in any of the United be filed; direc. States, or in a Court of Probate in any other State or

Kingdom, pursuant to the laws of such State or Kingdom,
shall produce a copy of such will, with a copy of the pro-
bate thereof, under the seal of the Court where the same
will has been proved and allowed, unto any Judge of Pro-
bate in any county in this government, where the testator
had estate, real or personal, whereon the same will may
operate, and shall in writing desire the same may be filed
and recorded in the Probate Office in the same county pur-
suant to this statute, the said Judge shall assign a time
and place for taking the same into consideration, and
shall cause notice thereof to be made in some public news
paper, three weeks successively, thirty days at the least
before the time assigned, to the end that any person may
appear and shew cause against the filing and recording
the same; and if at the time assigned no objection is
made, or none in the judgment of the said Judge suffi-
cient to prevent it, the same Judge may cause the same
copy to be filed in the Registry of the said Court of Pro-
bate, and direct the same to be also there recorded: Sav-
ing always, an appeal to any person apprehending himself
injured thereby to the Supreme Court of Probate, as in
other Probate matters.
And be it further enacted, That when an original will

, offered for pro shall be offered for Probate before any Court of Probate nennes live more in this government, and the witnesses thereunto live out miles distant,

of the government, or more than thirty miles distant, or

When an origi. nal will shall be

than thirty

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by reason of age or indisposition of body, are unable to depositions may
appear and give evidence before the Court, in every such cases.
case, the deposition of such witness in writing, taken
before any person or persons duly authorized by dedimus
potestatem from such Probate Court, shall have the same
force and effect as though the witness was present and
testified vive voce before the Court.

Provided always however, Before the Probate of any Proviso.
will shall be allowed from the evidence of affidavits, such
proceedings shall be bad in all respects as in this act are
provided respecting wills previously proved and allowed
in a Court of Probate without this Commonwealth ; and
appeals in all such cases shall be allowed, as is provided
for in other Probate matters.

And it is further provided, That nothing in this act Further pro.
shall be construed to make valid any will or codicil that
is not attested and subscribed in the manner the laws of
this Commonwealth direct, nor to give operation and
effect to the will of an Alien different from that which
such will would have had before the passing this act.

June 29, 1785.

1785. - Chapter 13.

[May Session, ch. 12.]

AN ACT DETERMINING THE TIMES AND PLACES FOR HOLDING Chap. 13

JUDICIAL COURTS IN THE COUNTY OF BERKSHIRE, A LIM-
ITED TERM.

Be it enacted by the Senate and House of Representa tives in General Court assembled, and by the authority of the same, That the Supreme Judicial Court, and the Courts of Common Pleas and General Sessions of the Peace, within the county of Berkshire, shall be holden at the times and places hereafter mentioned, until the first day of January, in the year of our Lord, One thousand seven hundred and eighty-seven ; that is to say, The Supreme Judicial Court at Great Barrington, on the first Tuesday of October; the Courts of Common Pleas and General Sessions of the Peace, at said Great Barrington, on the second Tuesday of September and third Tuesday of November, and at Pittsfield, on the first Tuesday of February and second Tuesday of May; any law to the contrary notwithstanding.

June 30, 1785.

Third para

1785. – Chapter 14.

(May Session, ch. 13.) Cl. 14 AN ACT IN ADDITION TO, AND FOR REPEALING CERTAIN PARTS

OF AN ACT PASSED IN THE YEAR OF OUR LORD, ONE THOU-
SAND SEVEN HUNDRED AND EIGHTY-THREE, ENTITLED,
“ AN ACT TO REGULATE THE CATCHING SALMON, SHAD AND
ALEWIVES, AND TO REMOVE AND PREVENT OBSTRUCTIONS
IN MERRIMACK RIVER, AND IN THE OTHER RIVERS AND
STREAMS RUNNING INTO THE SAME, WITHIN THIS COMMON-
WEALTH, AND FOR REPEALING SEVERAL ACTS HERETOFORE
MADE FOR THAT PURPOSE."

Be it enacted by the Senate and House of Representa

tives in General Court assembled, and by the authority Time altered for of the same, That the time allowed for catching salmon,

.

shad and alewives in said rivers and streams, by the act to which this is an addition, be, and it is, hereby so far altered, that it shall hereafter begin at sunset, on Monday evening, and end at sunset on Thursday evening, in each week; any thing in the said act to the contrary notwithstanding.

And be it further enacted by the authority aforesaid, graph repealed.

That the third enacting paragraph in the said act be, and it is, hereby repealed.

And be it further enacted by the authority aforesaid, Penalty for erecting ob.

That if any person or persons shall erect any obstruction structions, &c. or incumbrance in or across the said Merrimack River,

any of the rivers or streams running into the same, or continue such as are already erected, so as to prevent the free passage of the said fish up the said rivers and streams, he or they so offending, shall forfeit and pay a fine of Twenty pounds, to be recovered and applied in the same manner as fines for a breach of the act to which this is in addition are recovered and applied.

And be it further enacted, That if any fresh salmon, in possession of said tish within shad or alewives, shall be found with or in the possession

of any person or persons whatever, within three miles of of catching the any of the said rivers or streams, and within this Com

monwealth, at any other time than the time allowed by law for catching said fish in the said rivers and streams, such person or persons shall be held and accounted in law to be guilty of catching said fish contrary to the true intent of the said act, and shall pay a tine accordingly, unless such person or persons shall make oath in the Court before whom trial is had that said fish were actually

or

Persons found

three miles, shall be ac.

same, unless.

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