Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That if any person or persons shall presume to take oysters out of either of the said rivers, from and after the first day of January, one thousand seven hundred and eighty-six, with drags or drag-nets, or by any other ways and means other than with oyster tongs, as hath been usually practiced in the said rivers, he or they so offending, shall forfeit and pay for every such offence, not less than Five nor more than Thirty pounds, to be sued for and recovered by an action of debt in any Court in either of the counties of Suffolk or Middlesex, proper to try the same, or by presentment by the Grand Jury in either of the said counties; and all fines and forfeitures recovered by virtue of this act, shall be one moiety thereof to him or them who shall inform, sue for, and recover the same, and the other moiety to the use of the poor of the town where the offence shall be committed. November 29, 1785.

AN ACT TO SET OFF PART OF THE TOWN OF IPSWICH, AND TO Chap. 34

ANNEX IT TO THE TOWN OF ROWLEY.

Whereas it appears reasonable that Moses Bradstreet, Preamble. and others, on the northeasterly part of Ipswich, should be set off from said town of Ipswich, and annexed to the

town of Rowley:

set off.

Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all that part of said town of Part of Ipswich Ipswich that lies within the lines hereafter mentioned, beginning on the line between Rowley and Ipswich, at a certain fence between land of Nathan Lambert and land of John and Timothy Harris, running easterly, as the fence now stands, till it comes to a ditch in the marsh, and by said ditch till it comes to Rowley River; thence northeasterly by said river till it comes to the line between Ipswich and Rowley; thence by said line till it comes to the bound first mentioned, with the inhabitants thereon, shall be, and hereby are set off from the town of Ipswich, and annexed to the town of Rowley.

Proviso.

Provided nevertheless, The proprietors of the lands set off from the town of Ipswich as aforesaid, shall be held to pay to the Treasurer of the said town Sixty-five pounds, in full of all demands, according to agreement.

November 29, 1785.

1785. Chapter 35.

[October Session, ch. 17.]

Chap. 35 AN ACT FOR ESTABLISHING A TOLL FOR THE PURPOSES OF

Preamble.

Toll granted & rates established.

Trustee ap. pointed to manage &

receive toll, &c.

To give bond.

REPAIRING AND MAINTAINING THE GREAT BRIDGE OVER

THE RIVER PARKER, IN THE TOWN OF NEWBURY, AND
COUNTY Of Essex.

Whereas the lottery granted by an act passed in the year of our Lord, one thousand seven hundred and eightytwo, hath not raised a sum of money sufficient to repair the said bridge, and it is necessary that other means should be provided for the said purpose:

Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That a toll be, and hereby is granted and established for the purposes of repairing and maintaining the great bridge over the River Parker, in the town of Newbury, and county of Essex, to be paid by the passengers over the said bridge according to the rates following, viz. For each foot passenger, two thirds of a penny; for one person and horse, two pence and two thirds of a penny; for each single horse, cart, sled or sley, with one driver, four pence; for each chaise, chair or sulkey, with the travellers therein, eight pence; for each coach, chariot, phaeton or curricle, with the travellers therein, one shilling; for each other wheel-carriage or sled, drawn by more than one beast, and having but one driver, six pence; for neat cattle and horses, not rode, nor in teams or carriages, one penny and one third of a penny each; and for swine and sheep, four pence for each dozen; and after the same rate for a greater or less number; and in all cases the same toll shall be paid for each carriage, vehicle and team, whether loaded or not loaded; and no tolls shall be demanded upon the Lord's days.

And be it further enacted by the authority aforesaid, That Mr. Moses Hoyt be, and he hereby is appointed trustee to manage and receive said toll, and therewith to repair such parts of said bridge as yet do or may hereafter need it; and he and his successors, (to be appointed as hereafter directed) upon his and their giving bond, with

erect a gate &

receive toll.

gatherers

sufficient surety, in the opinion of the Justices of the Court of Sessions for the county aforesaid, for the faithful discharge of the duties of office of trustee as aforesaid, are hereby authorized and empowered to erect and keep Empowered to up during said term, a gate across said bridge; to agree appoint a perwith and appoint, from time to time, a suitable person to son to attend & attend the same and receive said toll, and to take his security to him and his successors, that he will faithfully attend his duty at said gate such hours as shall be agreed on between them to receive said toll, and permit travellers to pass, and that he will account with him or his successors, upon oath, if required, and pay him or them, weekly, all monies received by said toll; and said trustee may build a shop or shed at or near said gate, to accommodate and employ the toll gatherer; and if said toll Penalty for tollgatherer shall neglect attendance at the hours agreed upon neglect of duty. by him and the said trustee, or refuse to open the gate for travellers to pass, on tender of the lawful toll, or shall receive or demand a greater toll in any case than is appointed by this act, he shall forfeit and pay the sum of twenty shillings, to be recovered, with costs, by action of debt, before any Justice of the Peace in and for the said county, by any person that will sue for the same; and if any person shall pass or attempt to pass Penalty for at through said gate by force, and without paying the lawful tempting to pass toll, he shall forfeit a like sum of twenty shillings to the toll. toll gatherer, to be recovered in like manner, and be moreover liable to be prosecuted for the offence at common law; but at all times when the toll gatherer shall not attend, the gate shall be left open.

without paying

Sessions au

in

And be it further enacted by the authority aforesaid, That the Court of General Sessions of the Peace, in and Court of for the said county of Essex, be, and hereby are author- thorized to ap ized and empowered to appoint, from time to time, dur- In case of death, ing the term hereafter mentioned, some other person as &c. trustee for the purposes aforesaid, in cases of death, removal out of the county, or resignation of any trustee, or for other sufficient cause in the judgment of said Court; and shall, from time to time, require the trustee appointed Trustee to give by this act, or his successors, to render his or their monies received, account, upon oath, annually, in the month of September, annually. of all monies received by said toll, and of his or their expences of repairing said bridge, and may order any sum (if any there may be remaining in his or their hands at the end, or at any time before the end of said term,

an account of all

ing to account.

Penalty.

more than sufficient for the then necessary repairs of said bridge) to be paid into the treasury of said county, and to be let out by the county Treasurer at interest, and to be appropriated by order of said Court, from time to time, as there may be occasion, to the repairing of said Trustees refus bridge, and to no other use whatever. And any trustee, for the time being, who shall refuse or neglect to account or pay over as aforesaid, when required as aforesaid, shall forfeit and pay for each offence, the sum of Fifty pounds, to be sued for and recovered by the Treasurer of said county, with costs, by action of debt, in any Court proper to try the same; and said forfeitures, when recovered, shall be appropriated by order of said Court for the repairs of said bridge; and said Court may also proceed against any trustee for his refusal or neglect to account or pay over as aforesaid, when duly required, by way of attachment, as for a contempt.

Trustee for the time being, may

demand and sue due from a for

for any monies

mer trustee.

And be it further enacted, That the trustee of said bridge, for the time being, may, by the name of the trustee of Parker River bridge, in Newbury, in the county of Essex, demand of, and, if need be, sue for and recover of any former trustee, if living, or the executors or administrators of any one deceased, any monies such living or deceased trustee may have received by said toll, and not have expended in repairs of said bridge, as for monies had and received to their use, in any Court proper to try the same, and shall be accountable for the same when Empowered to received, as for other monies received by said toll; and the trustee aforesaid may borrow any sum on interest for the immediate repairs of said bridge, to be repaid out of the first monies arising from said toll.

borrow money,

on interest.

Limitation.

And be it further enacted by the authority aforesaid, That this act shall be and continue in force for and during the term of twelve years, and no longer.

Chap. 36 AN

November 29, 1785.

1785. Chapter 36.

[October Session, ch. 18.]

ACT IN ADDITION TO AND FOR REPEALING CERTAIN CLAUSES OF AN ACT, PASSED THE PRESENT YEAR, ENTITLED, "AN ACT FOR REGULATING AND GOVERNING THE MILITIA OF THE COMMONWEALTH OF MASSACHUSETTS, AND FOR REPEALING ALL LAWS HERETOFORE MADE FOR THAT

PURPOSE."

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

graphs of a for

repealed.

divisions.

the same, That the third, thirtieth, thirty-fourth, and Certain parathirty-seventh enacting paragraphs of the said act, be, mer act, and they hereby are repealed. And be it enacted by the authority aforesaid, That the Militia formed militia of this Commonwealth be, and it hereby is formed to none. into nine divisions: the county of Suffolk to form the first division; the county of Essex the second division; the county of Middlesex the third division; the county of Hampshire the fourth division; the counties of Plymouth, Barnstable, Bristol, Dukes County, and Nantucket, the fifth division; the counties of York and Cumberland, the sixth division; the county of Worcester, the seventh division; the county of Lincoln, the eighth division; and the county of Berkshire, the ninth division.

Council author

four or five

artillery and

division.

And be it further enacted by the authority aforesaid, That the Governor, with the advice of Council, be, and Governor and he hereby is authorized and empowered to raise, by ized to raise voluntary enlistment, in each of the aforesaid divisions, companies of four, and where he shall judge expedient, five, companies two troops of of artillery and two troops of cavalry: That each of said cavalry in each companies of artillery shall consist of one captain, one captain lieutenant, one first lieutenant, two second lieutenants, four serjeants (the first of whom shall be clerk) four bombardiers to be included in rank and file, one drummer, one fifer, and forty-six privates: That each of the said troops of cavalry shall consist of one captain, two lieutenants, one cornet, four serjeants (the first of whom to be clerk) four corporals, and thirty-six privates: And To be formed that when said companies of artillery, and troops of cav- and brigades. alry, shall be raised as aforesaid, the Governor, with the advice of Council, be, and he hereby is authorized to form the same into regiments and brigades.

And that due provision may be made for perfecting the said companies of artillery in the art of experimental gunnery:

into regiments

Council to or

panies

Pales of artil.

annually furnished with

Be it further enacted by the authority aforesaid, That Governor and the Governor, with the advice of Council, be, and he der the comhereby is authorized, to order to be issued to each of the captains of the said companies of artillery, annually, a quantity of powder, not exceeding one barrel, and a due ammunition. proportion of shot and other laboratory articles, to be appropriated by the said officers to the purpose abovementioned; said captains to give their receipt therefor, and to be accountable for the expenditure of the same.