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Provers fees.

of his name and in case he shall falsely mark the same, such owner, upon conviction thereof, shall forfeit and pay the sum of Three pounds, for each cask so falsely marked. And be it further enacted, That the respective Inspect- Inspectors and ors shall be paid for every cask of Tobacco, they shall inspect and prove as before directed, one shilling and six pence, provided the number doth not exceed four, and one shilling for each cask exceeding that number. And the respective Provers shall for every firkin by them examined and proved, as before directed, be paid four pence, provided the number doth not exceed six; and two pence for each, exceeding that number; both Inspectors and Provers fees, to be exclusive of cooperage, and to be paid by the shippers.

tobacco or but

shall be cleared

out, until a cerduced from an

tificate is pro

Inspector or
Prover.

And be it further enacted, That no vessel on board No vessel with which any Tobacco in casks, or Butter in firkins, shall be ter on board, shipped for exportation, shall be cleared out by the Naval officer, until the master or owner shall have produced a certificate or certificates, from an Inspector or Prover appointed and sworn as aforesaid, that said articles have been by him inspected and proved as this act directs; which certificates shall be granted free from any expence; and the said master shall swear that the manifest by him presented, to the best of his knowledge, contains the whole of the cargo on board of his vessel, and that he will not take any more on board without clearing the same.

And be it further enacted, That all penalties and for- Forfeitures how feitures, arising by force and virtue of this act, shall be applied. one moiety thereof to the use of this Commonwealth, and the other moiety to him or them who shall inform and sue for the same.

And whereas great quantities of Onions are raised in and exported from this Commonwealth, in bunches: to prevent frauds by diminishing the usual weight of said bunches of Onions,

bunches to be

they weigh as

Be it therefore enacted by the authority aforesaid, That No onions in from and after the first day of August next, no Onions, exported unless in bunches, shall be shipped or exported out of this this act speci. Commonwealth, unless they weigh as follows, viz. Rareripes (so called) two and half pounds, and Onions from the seed, three and half pounds per bunch.

fies.

And be it further enacted, That the selectmen of each Selectmen directed to ap town where such Onions shall be shipped, are hereby point persons to

weigh onions.

authorized and directed to appoint some suitable person or persons to weigh the same, and give certificates of the Such persons to weight; which person or persons so appointed, shall be

be sworn.

Their fees.

Persons presuming to expose for sale onions not weighed.

Forfeiture.

Size of lime casks regulated.

sworn to the faithful performance of his or their duty, and shall receive, as fees, eight pence for every hundred bunches so weighed and certified, for any quantity not exceeding five hundred bunches, and four pence, for a greater quantity; said fees to be paid by the purchaser.

And be it further enacted, That if any person or persons shall, after the passing of this act, presume to expose for sale within this Commonwealth any Onions in bunches, without first having them weighed as aforesaid, and having obtained a certificate of the same, according to the true intent and meaning of this act, he shall forfeit the same, one moiety thereof to and for the use of the poor of the town where they may be exposed to sale, the other moiety to him or them who shall inform of the same; and the selectmen of such town, or the major part of them, are hereby authorized and empowered to seize the same, and sell them at public auction, and to account with the overseers of the poor of such towns for the net proceeds of one moiety thereof, and the other to said informant.

And to prevent frauds by reducing the size of lime casks, Be it therefore enacted by the authority aforesaid, That from and after the first day of March next, no casks of lime offered for sale within this Commonwealth, shall contain less than one hundred gallons of merchantable lime; and whosoever shall sell, or offer for sale, any casks of lime, containing less than one hundred gallons of merchantable lime as aforesaid, shall, upon information, be convicted before any Court of Record proper to try the same, and thereupon forfeit the whole of said property, one moiety thereof to and for the use of the poor of the town where such property was exposed for sale, the other moiety to and for the use of him or them who shall inform of the same. November 8, 1785.

1785.- Chapter 26.

[October Session, ch. 8.]

Chap. 26 AN ACT TO PREVENT THE DESTRUCTION OF The fish called

Preamble.

ALEWIVES, IN THEIR PASSAGE UP THE RIVERS AND
STREAMS IN THE TOWN OF KINGSTON, IN THE COUNTY OF
PLYMOUTH.

Whereas it is necessary for the preservation of the fish called alewives, in their passage up the rivers and streams

in the town of Kingston, into the ponds at the head of those streams, that the committee hereafter to be appointed in the said town, to see that the passage ways for the said fish be not obstructed, should have authority given them for the purposes aforesaid:

Town of King

ston empowered

appoint a

committee an

that the laws

served.

Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the town of Kingston shall be, and they are hereby empowered and directed, at their to meeting in March, annually, to choose three or more nually, to see persons, to see that the laws respecting the passage ways respecting alefor the said fish be observed; and each person so chosen wives be obshall take an oath faithfully to discharge the duties required of him by law; and the committee of the said town shall meet together annually, on or before the tenth day of April, at such time and place as the person first chosen by the said town shall appoint; the meeting to be by him duly notified and the major part of the committee present at such meeting, are hereby authorized and empowered to order the time, places, and manner, in which the said fish may be taken. And the said com- Their powers. mittee, or the major part of them, shall have power to cause the natural course of the streams through which the said fish pass, to be kept open and without obstruction, — to remove any such as may be found therein, and to make the passage ways wider or deeper, if they shall find it necessary; and the committee, or either of them, paying a reasonable consideration therefor, if required, shall have authority for those purposes, to go on the land of any person through which such stream runs, without being considered as trespassers; and any person who shall molest or hinder the said committee, or either of them, in the execution of the business of his or their office, or shall obstruct any passage way in such river or stream, otherwise than may be allowed by such committee, he or they shall forfeit a sum not exceeding Fifty pounds, nor less than Ten pounds.

powered to

And be it further enacted by the authority aforesaid, That the said committee, or the major of them present at Committee emany meeting, duly notified, being not less than three in open any dam number, shall be, and they are hereby authorized and rice-pro. empowered, to open any dam, or sluice of any mill, erected, or that may be erected, on or over any such river or stream, at the expence of the owner or owners of such

vided.

Time such dam continue open.

or sluice shall

Penalty for tak. ing fish on any day other than

shall be allowed.

Committee to

agree upon cer

tain days in the

week when fish

shall be taken.

recovered and applied.

dam, provided such owner or owners shall neglect to open the same, when thereto required by the said committee, or such major part of them as aforesaid; and the dam or sluice so opened, shall continue open to such depth and width as the committee, or the said major part, may judge necessary, from the tenth day of April to the first day of June, in every year, if the major part of the said committee judge necessary; and in case any person or persons shall obstruct the passage ways allowed or ordered by the said committee, or such major part of them, in any dam or sluice, such person, so offending, shall forfeit and pay a sum not exceeding Fifty pounds, nor less than Ten pounds.

And be it further enacted by the authority aforesaid, That if any person or persons shall take any of the said fish, on any day, or in any place, or in any manner, other than shall be allowed by the said committee as aforesaid, each person so offending shall forfeit and pay a sum not exceeding forty shillings, nor less than ten shillings.

it

And be it further enacted by the authority aforesaid, That if the committee aforesaid, or either of them, shall detect any person or persons attempting to take any of the said fish, on any day, or at any time, or any place, or in any manner, otherwise than is allowed by the said committee, and shall find such fish with such person or persons, such person or persons shall be deemed to have taken the said fish, and be subject to the penalties of this act, accordingly, unless such person or persons can make appear that they came by the said fish some other way. And be it further enacted by the authority aforesaid, That the committee to be chosen as aforesaid, shall agree upon certain days in the week when said fish shall be taken, and also upon certain parts of said stream where said fish may be taken, to be particularly marked and bounded, and shall notify the inhabitants thereof, by posting up notifications in two public places in said town of Kingston, within ten days after their being chosen and appointed as aforesaid.

And be it further enacted by the authority aforesaid, Penalties, how That all the penalties incurred by the breach of this act, may be sued for and recovered in any Court in the county of Plymouth proper to try the same; and all sums so recovered as forfeited by this act, shall be appropriated

one moiety thereof to the prosecutors, and the other
moiety for the poor of the said town. And no person, by
reason of his being one of the said committee, shall be
thereby disqualified from being a witness in any prosecu-
tion for breach of this act.
November 8, 1785.

1785.- Chapter 27.

[October Session, ch. 9.]

AN ACT FOR NATURALIZING PAUL beltremiEUX.

Whereas Paul Beltremieux, late of Rochelle, in the Kingdom of France, and now residing in Newburyport, in the county of Essex, and Commonwealth aforesaid, hath petitioned the General Court that he may be naturalized, and be thereby entitled to all the rights, liberties and privileges of a free citizen of this Commonwealth:

Chap. 27

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the said Paul Beltremieux, upon his Naturalization. taking the oaths of allegiance and adjuration required by the constitution of this Commonwealth, before two Justices of the Peace, shall be deemed, adjudged, and taken to be a free citizen of this Commonwealth, to all intents, constructions and purposes, as if he, the said Paul had been an inhabitant of the territory, now the Commonwealth aforesaid, at the time of making the present form of civil government.

And be it further enacted by the authority aforesaid, That the Justices before whom the said oaths shall be taken, shall return a certificate of the same into the Secretary's office, to be placed on the records of this Commonwealth. November 22, 1785.

1785. Chapter 28.

[October Session, ch. 10.]

AN ACT FOR THE MORE EFFECTUALLY PREVENTING OF TRES- Chap. 28

PASSES IN DIVERS CASES.

Whereas evil minded persons, in various instances, have Preamble. committed trespasses upon the property and possessions of others: And whereas the remedy provided, and penalties annexed by the common law, to the commission of such offences, have been found insufficient to prevent them:

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

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