1784.-Chapter 18. [May Session, ch. 18.] ACT PASSED THE TWENTYSECOND DAY OF OCTOBER, IN THE YEAR OF OUR LORD, ONE THOUSAND SEVEN HUNDRED AND EIGHTY-THREE, ENTITLED, "AN ACT MAKING PROVISION FOR THE SUPPORT AND MAINTENANCE OF LIGHT HOUSES, ON THE SEA COASTS OF THIS COMMONWEALTH." Chap. 18 AN ACT IN ADDITION TO AN Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That there shall be paid by the master of on every vessel every vessel not belonging to this or either of the United Duty of four pence per ton not belonging to either of the United States. Where disputes arise, touching the number of tons, two meet persons to be chosen to meas States, from and after the tenth day of July inst. a duty of four pence per ton for every ton such vessel shall measure, into the hands of the naval officer of the port where the said vessel shall clear out, previous to the clearing the same; which duty shall be collected and appropriated in the same manner as is provided in the act to which this act is in addition. And be it further enacted, That where any dispute shall arise between the naval officer and the master of any vessel, subject to the payment of the aforesaid duty, ure the vessel. touching the number of tons such vessel really measures, the said naval officer and the master of the said vessel shall appoint two meet persons, one to be chosen by the said naval officer, and the other by the said master, to measure the said vessel; and the said master shall pay for so many tons as the said persons so chosen shall judge and determine the said vessel doth really measure. And if any master shall refuse or neglect to agree with the naval officer in the appointment of such appraisers, any Justice of the Peace within the county where such naval officer dwells, upon his application, shall be, and hereby is empowered to appoint three discreet persons to the performance of the said business, who shall be sworn to the faithful and impartial discharge of their trust, who having under their hands certified their judgment therein, the same shall be conclusive and binding. July 2, 1784. 1784.- Chapter 19. [May Session, ch. 19.] AN ACT FOR THE REGULATION OF SEAMEN. Chap. 19 Whereas great loss and damage is frequently occasioned Preamble. to trade and navigation, by seamen deserting their employ or voyage they are entered upon, or being taken off from the same, by arrest for debt or pretence thereof: For remedy whereof, or other process served upon any voyage. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That if any innkeeper, victualler, seller of wine or No attachment strong liquors, shopkeeper or any other person whatso- for debt, to be ever, shall trust or give credit to any mariner or seaman, seaman, when belonging to any ship or other vessel, without the knowl- engaged in a edge and allowance of the master or commander thereof, no attachment or any other process for any debt so contracted without knowledge and allowance as aforesaid, shall be granted against, or served upon the person of such mariner or seaman, until he shall have performed the voyage he is then entered upon, and be discharged of the same; and every process issued contrary hereunto and the serving thereof, shall be deemed and adjudged utterly void in law. And any Justice of the Peace within the same county before whom it shall be made to appear that any mariner or seaman is committed or restrained upon process granted for any debt or pretence of debt made whilst he was engaged and actually entered and in pay on any voyage, shall forthwith order his release. ping seamen, other vessels. Be it further enacted, That if the master or commander Penalty for ship of any ship or other vessel, shall ship any seaman, know- knowing them ing him to be first entertained and shipped on board to belong to another ship or vessel, or after notice thereof given him shall not forthwith dismiss him, every such master or commander so offending, being thereof convicted, shall forfeit and pay the sum of five pounds, to the use of him or them who shall sue for the same, in any Court of Record proper to try the same; and such seaman so shipping himself, being under the obligation of a former contract, shall forfeit and pay the value of one month's wages that he shall so agree for, to be recovered, employed and disposed of in manner as aforesaid. Seamen neglecting their duty, when engaged. Be it further enacted, That if any mariner or seaman attendance and having shipped himself on board any ship or other vessel which hath been launched, or is actually preparing for sea, to proceed in any voyage, and under pay, (the same being made to appear by his hand set to the master's book, shipping paper or other writing of such agreement) shall neglect his attendance and duty on board, and absent himself from his said service, upon complaint thereof made on oath by the owner, master, or other officer of the said ship or vessel, to any Justice of the Peace within the same county, such Justice is hereby empowered to cause such mariner or seaman to be forthwith brought before him by warrant, and upon conviction of his absenting himself as aforesaid, to commit him to prison that he may be secured, and forthcoming to proceed on the voyage he has so agreed to, and to be delivered by order of the Justice that committed him, or some other Justice in the same county. July 5, 1784. Penalty. Chap. 20 AN ACT TO INCORPORATE THE CHURCH AND CONGREGATION IN Preamble. THE DISTRICT OF ORANGE, IN THE COUNTY OF HAMPSHIRE, Whereas the Church and Congregation aforesaid have applied to this Court, setting forth in their petition, that by subscriptions they are now possessed of about one thousand pounds, and have good encouragement of making an addition to that sum, so as to make a capital of twelve hundred pounds in the whole, and praying that they may have trustees appointed, and a succession thereof established and incorporated, vested with powers to take care of all the donations and subscriptions of every kind, and apply the interest and income thereof to the support of a learned Protestant Congregational Minister in the said society: Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the Society incor- authority of the same, That the church and congregation in the district of Orange, whereof the Reverend Mr. Emerson Foster is the present minister, be, and they are porated. hereby incorporated into a society, by the name of the Congregational Society in Orange. clared a body corporation. And be it further enacted by the authority aforesaid, That Nuthan Goddard, Hananiah Temple, Benjamin Trustees deMayo, Edward Ward, and Ebenezer Fosket, the present corporate. trustees of the said congregational society, and those that shall be annually chosen forever hereafter by the said society to the same office, shall be, and they are hereby declared a body corporate, by the name of the Trustees of the Congregational Society in Orange; and they are hereby incorporated for the special purposes following, viz. To receive all the donations, subscriptions, securities Purposes of inand monies, now in the hands of the said society, and also to receive further donations so as to raise a capital sum not exceeding fifteen hundred pounds. And all bonds, mortgages, or other lawful securities, that have been made, or shall be hereafter made, not increasing the whole sum to more than fifteen hundred pounds as aforesaid, to the said Nathan Goddard, Hananiah Temple, Benjamin Mayo, Edward Ward, and Ebenezer Fosket, or their successors as trustees as aforesaid, shall be, and are hereby declared good and valid to all intents and purposes. And that the said sum of twelve hundred pounds, or a sum not exceeding fifteen hundred as aforesaid, when raised, shall be by the said trustees put on interest, they taking good security therefor, and annually applying the interest arising from the same to the use and support of a learned congregational minister, resident in the said district of Orange, and officiating in the work of the ministry with the aforesaid congregational society, forever. And the said trustees and their successors, or the major part Trustees imof them, by the corporate name aforesaid, may appear, and defend." plead, sue and defend, in any Court proper to try the same within this Commonwealth, in all matters touching such securities, when directed thereto by a vote of the said society. powered to sue in society meet And be it further enacted, That all male persons who qualified voters usually assemble with the aforesaid church and congrega- ings. tion for public worship, and are qualified by law to vote in town affairs, shall have a right to vote in the said society meetings. Trustees to ap And be it further enacted, That if at any time hereafter, there shall be no settled minister in the said church and Ply interest for society, then, and in that case, the trustees for the time pulpit, when no supplying the settled minister. Directed to call a meeting annually. Trustees accountable to the society. Empowered to call meetings at sides the annual meetings. being, are empowered to apply so much of the aforesaid interest for supplying the pulpit with preaching, as shall be necessary, under the orders and directions of the society, until a minister shall be regularly settled with the said society of the denomination aforesaid. And be it further enacted, That the said Nathan Goddard, Hananiah Temple, Benjamin Mayo, Edward Ward, and Ebenezer Fosket, the present trustees, and their successors in that office, be, and are hereby directed to call a meeting of the society annually forever, on the fourth Wednesday of March, to choose trustees, and transact such other matters as shall be for the benefit and well being of the said society, which meeting shall be called by posting up a notification at the meeting house of the congregational society aforesaid, containing all the particulars to be acted upon, ten days at least before the time of meeting. And if at any annual meeting, or other meeting therefor, the society shall neglect to choose trustees, then the last trustees shall continue vested with all the powers aforesaid, until others shall be chosen in their stead. And the present trustees and their successors in office, are hereby made accountable to the said society, and may be removed from office for misdemeanor therein, and others chosen in their stead, at a society meeting called therefor, and notified as is before directed. And be it further enacted, That the said trustees and other times be their successors, be, and they are hereby directed and empowered, to call meetings of the said society at any other times besides the annual meetings, when there shall be occasion therefor, or when requested thereto, in writing by five or more of the society who are lawful voters therein, according to the foregoing description; but if the trustees shall neglect or refuse to call a meeting when requested thereto as aforesaid, then and in that case, upon the request of five or more of the society qualified as aforesaid, to a Justice of the Peace in the same county, he shall issue his warrant directed to some principal member of the said society, to notify a meeting thereof as is before directed, to act on the particulars mentioned in the request. July 5, 1784. |