Proviso. Form of the oath to be administered to Constables. Form of the oath to be ad. ministered to Collectors. the same manner fines are recovered from persons refusing to serve in the office of a Constable in any town or district; Provided no person in commission for any office, civil or military, church officer, or member of the Council, Senate or House of Representatives, Selectmen, Town Clerk, Town Treasurer, or Assessors for the time being, nor any other person, that has served as Constable or Collector for himself or his own turn, within the space of seven years, shall be obliged to serve in the office of Collector. Be it further enacted, That the oath to be administered to the Constable in any town or district, shall be in the form following. Whereas you A. B. are chosen Constable within the town of C. for one year, now following, and until other be chosen and sworn in your place, do swear, that you will carefully intend the preservation of the peace, the discovery and preventing all attempts against the same; that you will duly execute all warrants, which shall be sent unto you from lawful authority, and faithfully attend all such directions in the laws and orders of Court, as are or shall be committed to your care; that you will faithfully and with what speed you can, collect and levy all such fines, distresses, rates, assessments and sums of money, for which you shall have sufficient warrants according to law; rendering an account thereof, and paying the same according to the direction in your warrant; and with like faithfulness, speed, and diligence, you will serve all writs, executions, and distresses, in private causes betwixt party and party, and make return thereof duly, in the same Court where they are returnable; and in all these things, you shall deal faithfully, whilst you shall be in office, without any sinister respects of favour or displeasure. So help you God. And the oath to such as may be Collectors only, shall be in the following form. You A. B. being appointed a Collector of taxes within the of for one year next following, do swear, that you will levy and collect, with what speed you can, all such rates and assessments for which you shall have sufficient warrants, according to law: rendering an account thereof, and paying the same, according to the direction commitment for And be it further enacted, That in case of distress or Fees in cases of commitment for the non-payment of taxes, the officer con- non-payment of cerned therein shall be entitled to the same fees, which taxes. Sheriff's by law are or may be entitled to for levying executions, saving that the travel in case of distress shall be computed only from the dwelling house of the officer making such distress to the place where the distress may be made. March 16, 1786. AN ACT FOR SETTING OFF PETER NOYES, ESQ; AND OTHERS, Chap. 71 INHABITANTS OF THE FIRST PARISH IN FALMOUTH, IN THE Whereas Peter Noyes, Esq; and others, living within Preamble. the first parish of Falmouth, in the county of Cumberland, have represented to this Court that it is very inconvenient for them to attend the public worship of God in said first parish, and praying that they may be annexed to the third parish in said Falmouth: annexed to Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That Peter Noyes, Esq; and all the Peter Noyes, inhabitants of the first parish and all the estates belonging Esq; and others to said first parish, lying to the northward of Back Cove third parish. Creek, so called, in Falmouth aforesaid, be, and they hereby are, annexed to the third parish in Falmouth; and shall forever hereafter, be considered as belonging to, and making a part and parcel of the same. Provided nevertheless, and be it further enacted by the authority aforesaid, That any person hereby set off from Proviso. said first parish, and who may choose to belong to the same, and shall signify his desire to the Clerk of said first parish, of continuing a member thereof, within twelve. months from the passing of this act, shall be considered as belonging to said first parish, any thing in this act to the contrary notwithstanding. And be it further enacted by the authority aforesaid, That all those hereby annexed to said third parish, and who were before liable by law to pay taxes to said first Persons set off their proportion held to pay of arrearages due from the first parish. parish, shall, they and their estates, be held and obliged [February Session, ch. 32.] Chap. 72 AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS Preamble. THAT ARE EXPIRED AND NEAR EXPIRING. 66 Also Whereas the several acts hereinafter mentioned, which are expired or near expiring, have been found useful and beneficial, viz. One act made in the year of our Lord, one thousand seven hundred and forty-two, entitled, "An act in addition to the several laws of this Province relating to the support of Poor and Indigent Persons." Also an act made in the year of our Lord, one thousand seven hundred and forty-four, entitled, "An act to prevent unnecessary cost being allowed to parties and witnesses in the several Courts of Justice within this Province." an act made in the year of our Lord, one thousand seven hundred and fifty, entitled, " An act in addition to the act for better regulating Swine." Also an act made in the year of our Lord, one thousand seven hundred and fiftyseven, entitled, "An act for further regulating the course of Judicial proceedings." Also an act made in the year of our Lord, one thousand seven hundred and fifty-eight, entitled, "An act in further addition to an act entitled an act for explanation of and supplement to an act referring to the Poor, &c." Also an act made in the year of our Lord, one thousand seven hundred and sixty-two, entitled, "An act to prevent damage by fire in the towns of Salem and Marblehead, and other maritime towns in the Province." Also an act made in the year of our Lord, one thousand seven hundred and sixty-five, entitled, "An act to prevent the destruction of Oysters in the several bays and rivers hereafter mentioned within this Province." Also an act made in the year of our Lord, one thousand seven hundred and sixty-nine, entitled, "An act to empower the East Precinct in Salem, where the Rev. Mr. James Diman now officiates, to raise money for defraying ministerial and other necessary charges of said Precinct." Also an act made in the year of our Lord, one thousand seven hundred and seventy-nine, entitled, "An act in addition to an act for the preservation and increase of Moose and Deer on Tarpaulin Cove island, and Mennemesset islands, lying and being in the county of Dukes County." Also an act made in the year of our Lord, one thousand seven hundred and eighty-one, entitled, " An act to regulate the Sale of goods at public Vendue, and to limit the number of Auctioneers." Also an act made in the year of our Lord, one thousand seven hundred and eighty-one, entitled, " An act in addition to an act made and passed at the last Session of the General Court, entitled, "An act to regulate the Sale of goods at public Vendue and to limit the number of Auctioneers." Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That such of the beforementioned Enacting clause. acts as are expired be revived, and such of the said acts as are not yet expired be continued, with all and every article, clause, matter and thing therein respectively contained, and shall be in force until the first day of November, in the year of our Lord, one thousand seven hundred and ninety-seven. March 20, 1786. 1785. Chapter 73. [February Session, ch. 33.] AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT IN Chap. 73 ADDITION TO AND FOR REPEALING CERTAIN CLAUSES OF Whereas by the law passed in the year of our Lord, one Preamble. thousand seven hundred and eighty-five, for regulating and governing the Militia of this Commonwealth, it is provided, "that all officers elected, appointed and commissionated, at the time of passing the said law, shall be continued in commission, and hold their respective commands in the Militia." And whereas by another law, passed the same year, the said Militia is formed into nine divisions, each of which is to be commanded by a Major General; and it is inexpedient that Major Generals should hold commissions in the Militia, who shall not have the immediate command of divisions assigned them : former act Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the providing clause, annexed Clause of a to the first enacting paragraph of the act, passed in the repealed. year of our Lord, one thousand seven hundred and eightyfive, entitled, "An Act for regulating and governing the Militia of the Commonwealth of Massachusetts, and for Persons elected erals, to signify Major Gen their acceptance within forty days. chosen, delay. ing to signify their acceptance thirty days, considered as declining to repealing all laws heretofore made for that purpose," so far as the same relates to Major Generals, be, and hereby is, declared void and of no effect. And be it further enacted by the authority aforesaid, That every person who may at any time hereafter, be elected a Major General, in any division of the Militia of this Commonwealth, and shall not within forty days, after he shall be duly notified of his election by the Secretary, signify his acceptance thereof, he shall be considered as declining to accept his appointment, and a new choice. shall be had. And be it further enacted by the authority aforesaid, Those already That every person already elected a Major General, in any division of the Militia, who hath had due notice of his election given him by the Secretary, and neglects to signify his acceptance thereof, and shall delay to accept his appointment thirty days from the passing this act, he shall be considered as declining to serve in the said office of Major General. March 20, 1786. serve. 1785.- Chapter 74. [February Session, ch. 5.] Chap. 74 AN ACT FOR APPORTIONING AND ASSESSING A Tax of three Preamble. HUNDRED THOUSAND, FOUR HUNDRED AND THIRTY-NINE Whereas it is necessary that immediate provision be made to supply the treasury of the United States, pursuant to, |