1785.- Chapter 38. [October Session, ch. 20.] AN ACT FOR INCORPORATING INTO A DISTINCT AND SEPARATE Chap. 38 FIELD, A TRACT OF LAND CALLED BALL'S SWAMP, LYING Whereas the proprietors of the said tract of land called Preamble. Ball's Swamp as aforesaid, have represented to this Court that the said tract contains about forty acres of choice mowing land, and that the same is so peculiarly situated that it may be inclosed by itself with very little expence, saving on the west side, and that the profits of the same would be greatly increased to them by having the same incorporated into a distinct and separate field, and prayed that the same may be incorporated accordingly: Therefore, Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the said tract of land called Ball's Ball's Swamp Swamp, lying and bounding as aforesaid, be, and hereby is, erected into a distinct and separate common field; and that the owners and proprietors of the lands there, be, and hereby are, invested with all such powers as the proprietors of lands lying in common fields, in this state, are in general by law invested with. incorporated. Provided nevertheless, That if any one proprietor of Proviso. lands lying in the said fields shall hereafter see fit to fence his part thereof by himself, and separate it from the said field, he shall have full liberty so to do, without contributing anything to the general inclosure of said field, and making only one-half the division fence between his land and the residue of the said field; anything in this act to the contrary notwithstanding. November 30, 1785. 1785. Chapter 39. [October Session, ch. 21.] AN ACT FOR INCORPORATING A COMMON AND GENERAL FIELD, Chap. 39 IN THE TOWN OF DEErfield, IN THE COUNTY OF HAMP SHIRE. Whereas the proprietors of a tract of land in the town Preamble. of Deerfield, at present inclosed as a common field, have Common and general field. petitioned that the lands aforesaid may be incorporated Be it enacted by the Senate and House of Representa- 1785.- Chapter 40. [October Session, ch. 22.] Chap. 40 AN ACT FOR INCORPORATING THE PLANTATION CALLED PEAR Preamble. Boundaries. SONTOWN, IN THE COUNTY OF CUMBERLAND, INTO A TOWN Whereas the inhabitants of the plantation called Pearsontown, have petitioned the General Court that they may be incorporated into a town, in order that they may enjoy like privileges with other incorporated towns in this Commonwealth: Therefore, Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the plantation called Pearsontown, in the county of Cumberland, bounded as follows:- Beginning at the northerly corner of Gorham, by Presumscut River; thence running up said river to the outlet of Soubago Pond; thence north-west, across said pond, six miles; thence south-west, eight miles, to Saco River; thence to run down said river adjoining the same to the westerly corner of Buxton; thence north-east, three miles and two hundred and twenty rods, to the northerly corner of said Buxton; thence south, thirty-three degrees east, to the westerly corner of Gorham; thence northeast, adjoining the head of Gorham, to the first mentioned Incorporated & bound, be, and hereby is, incorporated into a town, by the name of Standish; and that the inhabitants thereof be, and they are, hereby invested with all the powers, privileges and immunities, which the inhabitants of towns within this Commonwealth do or may by law enjoy. invested with powers. meeting. And be it further enacted, That John Deane, Esq; be, John Deane, and he hereby is, empowered and directed to issue his Esq; to call a warrant, directed to some principal inhabitant within said. town of Standish, requiring him to warn the inhabitants of said town of Standish, qualified to vote in town affairs, to assemble at some suitable time and place in said town, to choose all such officers as towns by law are empowered and required to choose, in the month of March, annually, and to transact all other matters and business necessary to be done in said town. November 30, 1785. AN 1785.- Chapter 41. [October Session, ch. 23.] ACT FOR ENCOURAGING THE MANUFACTURE OF LOAF Chap. 41 SUGAR WITHIN THIS COMMONWEALTH. loaf sugar pro penalty of for Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That from and after the first day of March Importation of next, all loaf sugar (of foreign manufacture) that shall be hibited, on imported into this Commonwealth, by water, and un- feiture. loaded, shall be forfeited; and all such loaf sugar brought into this Commonwealth by land, shall also be forfeited; and any citizen of this Commonwealth may seize and secure the same for trial; and if the claimers do not make it appear on trial that the loaf sugar so seized is the manufacture of this, or some other of the United States, it shall be adjudged forfeited; one moiety thereof to his or their use who shall seize the same, and the other moiety to the use of the Commonwealth. Provided nevertheless, If any vessel, having loaf sugar Proviso. on board, shall arrive in this Commonwealth in distress, and be obliged to unlade it, in order to repair the said vessel, the same shall not be forfeited, if the Captain or owner shall land it under the care of the Naval Officer, and give bonds as the law now directs in cases of vessels being in distress. give bond. to be And be it further enacted by the authority aforesaid, That all seizures of loaf sugar under this act shall be void, Seizures the unless the party seizing (not being an officer duly author- party seizing ized to make such seizure) shall, within twenty-four hours after such seizure, give bond, with sufficient surety, in the judgment of some Justice of the Peace within the county, to the person from whom such sugar shall be When vessels arrive having loaf sugar on board, directions how to proceed. Duty of Naval Officers, pre vious to grant ing permits to unlade. Naval or Impost thorized to go on board any enquiry, &c. taken, conditioned, to pay all such damages and costs as the party may be entitled to, from whom such sugar may be taken, provided the same shall not, upon due process had thereon, be adjudged forfeited. Be it further enacted, That when any vessel shall arrive within any harbour or port of this Commonwealth, having on board loaf sugar not the manufacture of some one of the United States of America, the master of said vessel, or whoever shall make entry of her cargo at the naval office, shall, in his manifest of said cargo, include the quantity of such loaf sugar on board his said vessel, with the packages, marks and numbers of loaves, and enter them as for exportation in the same vessel; from whence it shall not be taken, unless as is before herein provided in case of distress. And it shall be the duty of the Naval Officer, previous to his granting permit to unlade the residue of the cargo on board said vessel, to take a bond of the person making the entry, with one sufficient surety, in a sum equal to four times the value of said sugar, conditioned, that the same shall not be taken out of said vessel while within any port or harbour of this Commonwealth, and that after said vessel may be cleared out, it shall not be landed in any port of this Commonwealth. Be it further enacted, That when any vessel shall come within any port, harbour, river, creek or inlet in this vessel and make Commonwealth, it shall be lawful for any Naval Officer, or any Officer of Impost and Excise, or his Deputy, to go on board said vessel, commanding assistance when it may be necessary, and to make enquiry of every circumstance relative to said vessel, her cargo and destination; and where any thing may appear to said officer unsatisfactory, he ist hereby empowered to appoint one or more person or persons, to tarry on board said vessel until entry is regularly made of her cargo, or until she departs from said place. on brown sugars refined by sugar boilers. And be it further enacted by the authority aforesaid, Excise remitted That the excise of half a penny on a pound, imposed on all brown sugars consumed in this Commonwealth, shall be remitted to all sugar boilers or refiners of sugar, upon such brown sugars as shall be by them refined and manufactured into loaf sugar, within this Commonwealth; and the said sugar refiners shall make oath to the quantity of brown sugar, so manufactured and refined by them, when they shall be called upon to settle their accounts with the Collectors of Excise. exported by inspected pre Be it likewise enacted by the authority aforesaid, That Loaf sugar all loaf sugar manufactured within this Commonwealth water, to be which is to be exported by water, shall, previous thereto, vious thereto. be inspected by some person appointed by the Governor and Council, who shall receive two pence by the hundred, for a thousand weight, and three pence an hundred for a smaller quantity; and a certificate shall be returned by the inspector to the Collector, certifying that the loaf sugar so to be exported is good and merchantable; and on such certificate being produced, the manufacturer or owner, of such loaf sugar, giving bond as the law now directs on the exportation of excised articles, shall receive a discharge of the excise thereon from the Collector. Council to ap point inspectors. Be it further enacted, That the Governor, with advice of Governor and Council, be, and he is, hereby empowered to appoint one or more suitable person or persons, in any town within this Commonwealth where he may think proper, for the purpose of inspecting loaf sugar, as is hereinbefore directed; and every inspector, before he enters on the duties of his office, shall be sworn before some Justice of the Peace to the faithful discharge of the same. recovered. And be it further enacted by the authority aforesaid, That all forfeitures and penalties incurred by this or any Forfeitures how other act for the encouragement of the commerce, navigation and manufactures of this Commonwealth shall be recovered by libel, complaint, action of debt, or the case, before any Court of Common Pleas within the county where such seizure shall be made, as the nature and circumstances of the case may require. on loaf sugar. And be it further enacted, That a duty of excise of Additional duty one half penny per pound shall be paid for every pound of loaf sugar which shall be manufactured, used or consumed within this Commonwealth, in addition to the excise duty already by law imposed on the same, to be collected by the Collectors of excise duties, in the same manner as other excises are collected; and the Remission of same remission of this additional excise duty shall be expone of allowed in case of exportation of loaf sugar, by water, as by law is already provided, in case of exportation of other excised articles in the same way. November 30, 1785. exportation. |