—

[1st Sess.] Province Laws.—1721. 211

CHAPTEE 3. AN ACT FOR ALTERING THE PLACE OF THE SITTING OF THE COURT OF GENERAL SESSIONS OF THE PEACE AND INFERIOUR COURT OF COMMON PLEAS, FOR THE COUNTY OF SUFFOLK, IN JULY AND OCTOBER NEXT, AND OF THE SUPERIOUR COURT OF JUDICATURE, COURT OF ASSIZE AND GENERAL GOAL DELIVERY, TO BE HELD FOR THE SAID COUNTY IN NOVEMBER NEXT, FROM THE TOWN OF BOSTON TO THE TOWN OF ROXBURY', WITHIN THE SAID COUNTY.

Whereas it hath pleased God, in his providence, to visit the town of Boston with the contagious and grievous sickness of the small-pox, and to permit the spreading of it there, by reason whereof many per- sons concerned in the courts hereafter mentioned may be discouraged and hindered from attending the same, if held at Boston, Be it therefore enacted by His Excellency the Governour, Cotincil and Representatives in General Court assembled, and by the authority of the sav^e, That the court of general sessions of the peace and inferiour court of common pleas, appointed by law to be held in Boston, for the county of Suffolk, on the first Tuesday of July, and on the first Tuesday of

October next ; and also the superiour court of judicature, court of as- size and general goal delivery, to be holden at Boston, for the said count}^ of Suflblk, on the first Tuesday of November next, be all and each of them severally holden at Roxbury, within the said county of Suflblk, upon the same several days appointed for the holding of them in the said town of Boston ; and all actions, suits, pleas, appeals, re- views, recognizances, informations, inditements, warrants or other process, w*^*^ are or may be brought, and are or shall be depending to be heard and tryed at the said several courts of general sessions of the peace and inferiour court of common pleas and the said superiour court of judicature, court of assize and general goal delivery, at Boston afore- said, be, for the reason and occasion above expressed, heard and tryed by and before the said several courts, on their several appointed days

as aforesaid, at Roxbury, within the county of Suflblk aforesaid ; any

law, usage or custom to the contrary notwithstanding : provicZecZ, 7iev- ertheless, if it shall please God to clear the town of Boston of the in- fection of the small-pox before the sessions of the said courts, or either of them, in October and November next, that then it shall be in the power of his excellency the governour, and council, to direct the judges of the said several courts to order the said respective courts to be held at Boston as usually. \_Pcissed June 23 ; published July 3.

CHAPTER 4.

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF SIX THOU- SAND POUNDS, UPON POLLS AND ESTATES.

Whereas the great and general court or assembly of the province of Massachusetts Bay in New England, at their several sessions in the 3'ears 1718 and 1719, did pass two several grants of taxes on polls and estates, as fwnds and security for the payment and drawing in several sums in the bills of credit on this province, ordered to be imprinted, repeated and issued out of the publick treasury- for the service of the — —

212 Province Laws.—1721. [Chap. 4.]

government ; that is to say, at their sessions, held the twenty-eighth day of May, 1718,* the sum of thirteen thousand two hundred and fifty at tlieir of pounds ; sessions held the twenty-seventh day May, 1719,f

the sum of three thousand pounds ; applyed to the ends and uses

in the said grants particularly enumerated and expressed ; and by the resolves of the court that made the aforesaid grants, it was then ordered that the said sum of sixteen thousand two hundred fifty pounds shall be apportioned, assessed and levyed on polls and estates, both real and personal, within this province, according to such rules and in such pro- portion, upon the several towns and districts within the same, as shall

be agreed on and ordered by this court in their present session ; where- fore, for the ordering, directing and perfecting the said sum of six thousand pounds, which, with the sum of ten thousand two hundred and fifty pounds by the dutys of impost and tunnage of shipping and excise, together with the income of the bills let out, and the light- house, will make the sum of sixteen thousand two hundred and fifty pounds, pursuant to the funds and grants aforesaid, which is unani- mously approved, ratifyed and confirmed, we, his majesty's lo^^al and dutiful subjects, the representatives in general court assembled, pray that it may be enacted, A7id be it accordingly enacted by His Excellency the Governour, Coun- cil and Rej)resentatives in General Court assembled^ and by the authority of the same, [Sect. 1.] That each town or district within this province be as- sessed and pay, as such town's and district's proportion of the afores*^

six thousand pounds, the sum following ; that is to say,

IN THE COUNTY OF SUFFOLK. Boston, one thousand ninety-nine pounds two shil- lings and threepence, ...... £1,099 2s. Sd. .Roxbury, sixty-two pounds seventeen shillings and sixpence, 62 17 6 Dorchester, eighty-three pounds fourteen shillings and threepence, ...... 83 14 3 Hingham, sixty-three pounds sixteen shillings and sixpence, ...... 63 16 6 Brantrey, sixty-five pounds seventeen shillings and

threepence, ...... • 65 17 3 Dedham, fifty pounds eighteen shillings and three- pence, ...... 50 18 3 Medfield, thirty pounds eighteen shillings, . . 30 18 Medway, fourteen pounds eighteen shillings and ninepence, 14 18 9 Weymouth, fortj^-four pounds four shillings and six- pence, 44 4 6 Milton, thirty-two pounds five shillings and three- pence, 32 5 3 Hull, fourteen pounds eighteen shillings and nine- pence, 14 18 9 Wrentham, thirtj^-two pounds fifteen shillings and

threepence, . • 32 15 3 Mendon, thirty-seven pounds thirteen shillings and ninepence, 37 13 9 "Woodstock, thirty-one pounds twelve shillings and threepence, 31123 Brookline, twenty-five pounds eighteen shillings and ' thi-eepence, 25 18 3

* Notes to 1718-19, resolve (b). f Notes to 1719-20, resolve (a). [1st Sess.] Peovince Laws.—1721. 213

Sutton, six pounds, £6 Os. Od. Needham, nineteen pounds five shillings and nine- pence, ...... 19 5 9 Bellingham, six pounds, .... 6 Oxford, seven pounds fourteen shillings and six pence, ...... 7 14 6

IN THE COUNTY OF ESSEX. Salem, one hundred fift^'-nine pounds twelve shills and a penny J-, 159 12 li Ipswich, one hundred seventy-one pounds eleven shillings and threepence, .... 171 11 3 Newbur}', one hundred fortj'-three pounds seven shillings and sixpence, .... 143 7 6 Marblehead, one hundred thirty-five pounds eigh J-, teen shills. and a penny . 135 18 1^ Lynn, seventy-four pounds thirteen shills. and nine pence, ...... 74 13 9 Andover, seventy pounds twelve shillings, 70 12 Beverly, sixt}' pounds eighteen shills. and ninepence, 60 18 9 Rowley, fift3"-six pounds ten shilling and sixpence, 56 10 6 Salisbury, forty-nine pounds six shillings and seven pence half-penny, ..... 49 6 7^ Haverhill, sixty-four pounds sixteen shills. and

threepence, . . . . ' . 64 16 3 Glocester, seventy-two pounds four shillings and ninepence,'...... 72 4 9 Topsfield, thirty pounds twelve shillings and nine pence, ...... 30 12 9 Boxford, twenty-seven pounds eight shillings and sixpence, ...... 27 8 6 Almsbury, forty-four pounds fifteen shillings and ninepence, ...... 44 15 9 Bradford, thirty pounds three shillings and thi-ee pence, ...... 30 3 3 Wenham, twenty-seven pounds eighteen shills. and i, sevenpence ...... 27 18 7^ Manchester, thkteen pounds and threepence, . 13 3

IN THE COUNTT OF MIDDLESEX. Cambridge, fifty pounds nine shillings and seven- pence half-penny, ..... 50 9 7i C'harlestown, one hundred thirtj^-six pounds four shillings and threepence, .... 136 4 3 Watertown, fifty-five pounds eight shillings and threepence, ...... 55 8 3 Weston, twent^-thi'ce pounds nine shillings and fourpence half-penny, .... 23 9 4^ Concord, seventy-seven pounds six shillings and ninepence, ...... 77 6 9 Woburn, seventy-four pounds seventeen shillings and threepence, ...... 74 17 3 Reading, fifty-two pounds five shillings and three pence, ...... 52 5 3 Sudbur}', sixty pounds eighteen shillings and three pence, ...... 60 18 3 Marlborough, fifty-nine pounds fourteen shills. and ninepence, 59 14 9 214 Province Laws.—1721. [Chap. 4.]

Lexington, thirtj^-six pounds one sliilling and three- pence, £36 Is. 3d. Newton, forty-six pounds and sevenpence half- penny, 46 7^ Maiden, thirty-seven pounds nineteen shillings and niuepence, 37 19 9 Chelmsford, forty-eight pounds three shillings and threepence, ...... 48 3 3 Billerica, forty-seven pounds nine shillings and nine- pence, 47 9 9 Sherbourn, thirt^^-one pounds nineteen shillings and

threepence, ...... 31193 Westborough, thirteen pounds two shillings and

ninepence, ...... 1329 Groton, thirty-three pounds six shillings and nine-

pence, . . . 33 6 9 Lancaster, thirty-seven pounds five shillings and

ninepence, ...... 3759 Franiingham, thirty-seven pounds eighteen shillings

and ninepence, ...... 37 18 9 Medford, nineteen pounds four shillings and three- pence, 19 4 3 Stow, twenty-one pounds six shillings and one penny half-penny, 2161J- Worcester, six pounds, ...... 600 Dunstable, eleven pounds ten shillings and tenpence half-penny, lllOlOi- Dracutt, eight pounds eighteen shillings and nine-

pence, ...... 8 18 9 Leicester, one pound sixteen shillings and one pennj^

half-penny, ...... 1161^ Littleton, six pounds, ...... 600

IN THE COUNTY OF HAMPSHIRE. Springfield, sevent3''-five pounds four shillings and

one penny half-penu}-, . . . . . 75 4 1| Northampton, fifty-eight pounds eight shills. and 10 J- tenpence half-penn}^ ...... 58 8 Hadley, thirty-four pounds eight shillings and six- pence, ...... 34 8 6 Hatfield, twenty-eight pounds one shilling and six- pence, ...... 28 1 6 Westfield, twenty-nine pounds seventeen shillings and fourpence'halfP^ 29 17 4J- Suffleld, thirty-two pounds seventeen shillings and

a penny half-penny, ...... 32 17 1^

Enfield, twenty-six pounds and ninepence, . . 26 9 Deerfield, fifteen pounds nineteen shillings and six-

pence, ...... 15 19 6 Brookfield, six pounds, ...... 600 Sunderland, three pounds, 3

IN THE COUNTY OF PLIMOUTH. Plimouth, seventy-two pounds one shilling and three- pence, 72 1 3 Plimpton, thirty-two pounds six shillings and nine- pence, 32 6 9 Scituate, ninety-five pounds nine shillings and nine- pence, 95 9 9 [1st Sess.] Province Laws.— 1721. 215

Bndo:ewater, sLxt3'-eiglit pounds three shillings and fourpence half-penny, £68 3s. 4icL MarShlield, fifty pounds eighteen shillings and three pence, ...... 50 8* 3 Penibrook, twenty-three pounds eight shillings and SLxpenee, ...... 23 8 6 Duxborough, thirtj^-one pounds nine shillings and threepence, ...... 31 9 [3t] Middleborough, thirty-eight pounds four shills. and seveupence half ''•'', ..... 38 4 [7^t] Kochester, thirty-six pounds twelve shillings and ninepence, ...... 36 12 9 Abington, ten pounds twelve shillings, . 10 12

IN THE COUNTY OF BRISTOL. Bristol, fort3'-eight pounds, .... 48 Taunton, seventj'-four pounds six shillings and six

pence, . . 74 6 6 Norton, with the Xorth Purchase, twentj'-nine pounds twelve shillings and ninepence, 29 12 9 Dartmouth, eighty-one pounds twelve shillings, 81 12 Dighton, thirty-three pounds nineteen shills. and sevenpence half-penny, .... 33 19 7[^t] Eehoboth, eighty pounds three shillings and one penny half-penn}^, ..... 80 3 l[lt] Little Compton, sixt3^-one pounds eight shillings and sixpence, ...... 61 8 6 Swausey and Shawamet, fifty-three pounds and nine pence, ...... 53 9 Tiverton, twenty-seven pounds nine shillings, 27 9

Freetown, twenty-four pounds nine shillings, . 24 9 Attleborough, thirty-three pounds nine shillings and one penny half-penny, .... 33 9 1^ Barrington, seventeen pounds eighteen shillings and sixpence, ...... 17 18 6

IN THE COUNTY OP BARNSTABLE Barnstable, eightj^-two pounds sixteen shillings and ninepence, ...... 82 16 9 Sandwich, fifty-three pounds one shilling and three

pence, . . . . . 53 1 3 Eastham, fifty-six pounds four shillings and a penny half-penny, ...... 56 4 IJ Truro, twenty-six pounds seventeen shillings and a

penny half-pennj', . . 26 17 1|

Yarmouth, fiftj'-one pounds fifteen shillings, . 51 15 Harwich, thirty-five pounds sixteen shillings and threepence, ...... 35 16 3 Falmouth, twenty pounds eighteen shillings and one penny half-penny, .... 20 18 1^ Chatham, seventeen pounds eighteen shillings and sixpence, 17 18 6

IN DUKES COUNTY. I^dgartown, twenty-three pounds seventeen shills

' and ninepence, . . . . 23 17 9

* Sic in the original. t Parchment destroyed. 28 —

[1st Sess.] Peovince Laws.—1721. 217 particular person's name, how ninch he or she is assessed at for polls, and how much for houses and lands, and how much for personal estate lists and income by trade or faculty ; and the list or so perfected and sio^ned b}^ them, or the major part of them, to coihit to the collectors, constable or constables of such town or district, and to return a certifi- cate of the name or names of such collector, constable or constables, together with the sum total to each of them respectively comitted, unto himself, sometime before the last day of September next. [Sect. 3.] !4nd the treasurer, for the time being, upon the receipt of such certificate, is hereby impowred and ordered to issue forth his war- rants to the collectors, constable or constables of such towns or districts, requiring him or them, respectively, to collect the whole of each respec- tive sum assessed on each particular person, before the last day of

March next ; and of the inhabitants of the town of Boston, to collect their proportion sometime in the month of January foregoing ; and to pay in their collection and issue the accompts of the whole, at or before the last day of Maj^ next, which will be in the year of our Lord one thousand seven hundred and twenty-two. And be it farther enacted by the authority afores^, [Sect. 4.] That the assessors of each town and district, respec- tively, in convenient time before their making the assessment, shall give seasonable warning to the inhabitants in a town meeting, or by posting up notifications in some place or places in such town or district, or otherwise to notify the inhabitants to give or bring in to the said assess- ors true and perfect lists of their polls and ratable estate. And if any person or persons shall neglect or refuse so to do, or bring in a false list, it shall be lawful to and for the assessors to assess such person or persons, according to their known ability in such town, according to their sound judgment and discretion, their due proportion to this tax, as near as they can, according to the rules herein given, under the penalty of twentj^ shillings for each j^erson that shall be convicted b}^ legal proof, in the judgment of the assessors, of bringing in a false list ; the said fine to be for the use of the poor of such town or district where the delinquent lives, to be lev^'ed by warrant from the assessors, di- rected to the constable or collector in manner as is directed for gather- ing of town assessments, and to be paid in to the town treasurer or selectmen for the use aforesaid : saving to the party aggrieved at the judgment of the assessors in setting such fine, liberty of appeal there- from to the court of general sessions of the peace, within the county, for relief, as in case of being overrated. [Sect. 5.] And if the party be not convicted of any falseness in the list by him presented of polls, ratable estate, and income b^^ any trade or faculty which he doth or shall exercise in gaining, by money or other estate not particularly otherwise assessed, such list shall be a rule for such person's proportion to the tax, which the assessors may not exceed.

[^Passed June 22 ; published Jidy 15. •

Notes.—The General Court which met May 31, this year, held but one session, and was dissolved by the Governor in a speech given below. Although this session was distin- guished by the beginning of an open conflict between the Representatives and the Governor, upon constitutional questions, some of which were suljsequently settled by the explanatory charter, only four public acts and three private acts were passed, the engrossment of all of which are preserved. Only chapter one was printed with the sessions acts.

The private acts bear the following titles : " An Act to Enable Mary Sergeant Relict Widow & Administratrix of Thomas Sergeant late of Amesbury Deci intestate to sell & dispose of Eighteen Acres of Land being Part of a Tract of Forty Acres under Mortgage to the Commissioners of the Hundred Thou- sand Pounds Loan for the Use of tliis "Province conformaljle to a Contract made by the said Dec' some short Time before his Death."— [Passed June 16. " An Act to Enable William Man of Boston in the County of Suffolk Brasier to bring forward an Action or Writt of Review of a Plea of the Case (V)y him commenced against one John Quy of Brentford m the Colony of Connecticutt Taylour at an Inferiour Court 28