place where she was begotten with child, with such other circumstances as he shall judge necessary for the discovery of the truth of such accusation; which examination shall be given in evidence on the trial of the issue; and at his discretion may bind him that is so accused to the next General Sessions of the Peace, with sufficient surety or sureties, to answer to such accusation, and aide the order of Court thereon. And if the woman be not then delivered, or be unable personally to attend the said Court, may order the continuance or renewal of his and her bond, that they may be forthcoming at the next Court of General Sessions of the Peace after the birth of the child; and the continuance of such bonds aforesaid to the next Court of General Sessions of the Peace, entered thereon by order of the said Court (unless the surety or sureties shall object thereto) shall have the same force and effect as a recognizance taken in Court for the next

term.

made, repealed.

And be it further enacted by the authority aforesaid, That all laws heretofore in force respecting the subject Laws heretofore matter of this act, be and they are hereby declared to be repealed touching all cases, that may happen after the passing of this act. March 15, 1786.

1785.- Chapter 67.

[February Session, ch. 28.]

AN ACT FOR INCORPORATING CERTAIN PERSONS BY THE NAME Chap. 67

OF THE SCOTS CHARITABLE SOCIETY.

Whereas a considerable number of persons have for many Preamble. years associated themselves in the town of Boston, for the purpose of joining their charities, for the relief of certain widows, orphans, and other objects of charity, and have raised a common stock, but are unable to recover the monies they have letten on interest, and to transact the business necessary for supporting the said institution:

porated.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That John Scollay, William Erving and Society incorJames Swan, Esquires, Messrs. Thomas Melville, James Thompson, James Graham, William Doll, William McKean, Andrew Drummond and John Young, with such other persons as they may from time to time hereafter admit, be and they hereby are, incorporated and

made a body politic, by the name of the Scots Charitable Their powers. Society, and that they, their associates and successors,

May sue and be sued, &c.

Empowered to

meet at such

times and places

as they shall see fit.

Proviso.

Empowered to

receive monies

to the society.

have perpetual succession, by said name, and have power to make a common seal, and alter the same as they may see fit, and to make by laws for the preservation and advancement of said body (which shall not be repugnant to the laws of this Commonwealth) with penalties, either of disfranchisement from said Society, or of fines not exceeding forty shillings.

And be it enacted by the authority aforesaid, That said Scots Charitable Society may sue or be sued in their said corporate capacity, and are hereby licenced and empowered to make purchases, and receive donations of real and personal estates, for the purposes af resaid, provided the said estates shall not be productive of an annual income exceeding the sum of Two hundred pounds per annum, and to manage and dispose of such estates in manner as to them shall appear most fit.

And be it further enacted by the authority aforesaid, That the said Society be, and they hereby are, authorized and empowered to meet at such times and places as they shall see fit (the time and place of holding the first meeting to be determined by the said John Scollay, William Erving and James Swan, Esq'rs. or any two of them, and notified in one of the Boston newspapers, fourteen days before such meeting) and from time to time to choose such officers, as to them shall seem most suitable. And all instruments to be made for, or in behalf of said Society, shall be executed under the common seal of said Society, and by such persons as the said Society shall appoint.

Provided always, and it is further enacted, That the members of said Society, shall at no time exceed the number of one hundred.

And be it further enacted, That the Society aforesaid, heretofore due be, and they hereby are, authorized and empowered to receive to their use, all monies due to the Society, heretofore called the Scots Society in Boston, before the passing of this act, and to give receipts for monies they shall receive, to any person or persons who have heretofore given their obligations to the said Scots Society, which are now in the hands of absentees, which receipts may be given in evidence in any action that may hereafter be brought on any obligation of the description aforesaid. March 16, 1786.

1785.- Chapter 68.

[February Session, ch. 29.]

AN ACT TO RATIFY CERTAIN ASSESSMENTS MADE BY THE Chap. 68

PROPRIETORS OF SHAPLEIGH, SO CALLED, IN THE COUNTY

OF YORK.

Whereas the proprietors claiming lands under Nicholas Preamble. Shapleigh, deceased, have represented that in order to raise a sum of money for defraying the necessary expences of securing the title, and bringing forward the settlement of a tract of land in the county of York, incorporated in the year one thousand seven hundred and eighty-five, by the name of Shapleigh, they levied a tax or assessment on the several lots of land throughout the township, notwithstanding the greater part thereof was by the said proprietors, severed and assigned to individuals, prior to the voting or making such assessments; and doubts arising whether the various statutes made for the regulation of proprietors of common and undivided land, will justify proprietors laying any tax or assessment whatever, on such of the lots as have been by the proprietors themselves, severed and assigned to individuals, posterior to such severance or assignment (although the benefits resulting by the money thus assessed, be as great to the lots thus severed and divided, as to the lands remaining in common and undivided after such severance,) and have requested a confirmation of the said assessments:

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

authority of the same, That the assessments made on the Assessments several lots of land in the town of Shapleigh, in the the incorporacounty of York, prior to the incorporation thereof, by tion, ratified. the persons who have acted in proprietors meetings, under the character and by the name of the proprietors, claiming lands under Nicholas Shapleigh, late of Kittery, deceased, be, and hereby are, established, ratified and confirmed, and the several lots of land upon which such assessments are laid, shall stand charged, and be liable to the payment thereof, in the same way and manner they would have been in case no severance, assignment or partition had been made to an individual of any particular lot and the proceedings that have been, or hereafter may be regularly made for the collecting and enforcing the payment of the said several assessments, according to the

:

Proviso.

Chap. 69

Marriages

within the degrees named, deemed incestu. ous.

rules and regulations by law prescribed for proprietors of lands, held in common and undivided, shall be held, deemed and taken as valid to all intents, constructions and purposes whatever, as though no actual severance, assignment or partition of the said townships, or any part of it into lots, to hold in severalty, had been made.

Provided always, That nothing in this act shall operate as a bar to any action or suit, that may be brought by any bargainee or vendee, against any bargainor or vendor, his heirs, executors or administrators, upon any deed of bargain and sale, on account of any affirmation or warranty, either express or implied, that the lands in such deed conveyed, were free of all incumbrances; but such bargainee or vendee shall and may prosecute such suit or action, in the same way and manner he might have done, had this act never been made. March 16, 1786.

AN ACT FOR REGULATING MARRIAGE AND DIVORCE.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That no man or woman shall intermarry within the degrees hereafter named, that is to say:

And if any man or woman shall intermarry within the degrees aforesaid, every such marriage shall be deemed,

taken and adjudged incestuous, and shall be null and void; and the issue of all such incestuous marriages shall be deemed, taken and adjudged illegitimate, and be subjected to all the legal disabilities of such issue.

where either of

or husband

And be it further enacted by the authority aforesaid, That all marriages, where either of the parties shall have Marriages a former wife or husband living at the time of such mar- the parties have riage, shall be absolutely void, and no dower shall be a former wife assigned any widow in consequence of such marriage; and living, shall be the issue thereof shall be deemed, taken and adjudged illegitimate, and be subject to all the legal disabilities of such issue.

void.

divorces shall

And it is further enacted by the authority aforesaid, That divorces from the bond of matrimony shall be In what cases decreed, in case the parties are within the degrees afore- be decreed. said, or either of them had a former wife or husband alive at the time of solemnizing such second marriage, or for impotency or adultery in either of the parties, and for no other cause; and that divorce from bed and board may and shall be granted for the cause of extreme cruelty in either of the parties.

collusion, no

And be it further enacted by the authority aforesaid, That when it shall appear that the adultery or cruelty In cases of complained of is occasioned by the collusion of the par- divorce shall be ties, and done with an intention to procure a divorce, or decreed. that both parties have been guilty of adultery, in such case, no divorce shall be decreed.

are had, for the

or consanguin

ity, what lands,

&c. shall be

restored.

And be it further enacted, That when a divorce shall be when divorces had for the causes of affinity, consanguinity, or of impo- causes of affinity tency of either of the parties, the wife shall have restored to her all her lands, tenements and hereditaments; and a judgment may be passed for a restoration to her of all or such part of the personal estate specifically, or the value thereof, which hath come to her husband's hands by force of the marriage, as the Justices of the Supreme Judicial Court, from all the circumstances of the case, shall determine equitable; and they may make use of such kind of process to carry their judgment into effect, as shall be necessary; and the Court, in case they think proper, may compel the husband to disclose, on oath, what personal estate he hath received in right of his wife, and how the same hath been disposed of, and what proportion thereof remained in his hands at the time of such divorce: and when the divorce shall be for the cause of adultery com