:
Province Laws.
248
— 1772-73.
CHAPTER
[Chaps. 43, 44. J
I
43.
AN ACT TO SUPPLY THE TREASURY WITH A SUM NOT EXCEEDING
TWO THOUSAND EIGHT HUNDRED POUNDS.
Preamble.
Whereas it is necessary that further provision should be made for
the support of government, and to enable the treasure [r] to discharge
the draughts that are already and may be drawn on him to May
next,
Be it e,nactecl hy the Governor, Coimcil and House of Representatives,
That the treasurer be, and he hereby is, directed and impowered to
apply the sum of two thousand eight hundred pounds, out of such
monies as he hath now, or may hereafter have, in the treasury, not appropriated for any other purpose, for the discharge of such orders as
shall be drawn on him by the governor, with the advice of council to
be paid out of the following appropriations that is to say, the sum of
four hundi'ed pounds, part of the aforesaid sum of two thousand eight
hundred pounds, shall be applied for the payment of grants made or
and the further sum of fifteen hundred
to be made by this court
pounds, part of the aforesaid sum of two thousand eight hundred
pounds, shall be applied for the discharge of debts owing from this
province to persons who have served and shall serve them, by order of
this court, in such matters and things where there is no establishment
nor any certain sum assigned for that purpose, and for writing, printing and paper for this court, and such repairs of the public buildings
belonging to the province, as shall be made by order of the general
assembly and the further sum of eight hundred pounds, part of the
aforesaid sum of two thousand eight hundred pounds, shall be applied
for the payment of his majesty's council, and house of representatives [se*]rving in the great and general court and the further sum
of one hundred pounds, being the remainder of the aforesaid sum of
two thousand eight hundred pounds, shall be applied for commissary's
[Passed February 27 published March 6, 1773.
disbursements.
—
Treasury snp
plied with
£2,800.
;
;
How
appropri
ated-
;
;
;
CHAPTER
44.
AN ACT TO REGULATE THE SALE OF GOODS AT PUBLIC VENDUE, AND
TO LIMIT THE NUMBER OF AUCTIONEERS.
Dieallowed by
the I'rivy
Council, April
13, 1774.
Preamble.
Whereas the number of auctioneers or vendue-masters has greatly
increased in the town of Boston, and other principal towns in this
province, and great inconveniencies, losses and damages have arisen
to the public for want of suitable persons licenced, under proper
restrictions, to sell goods at vendue
and as the selling them in the
evening has a great tendency to corrupt the morals of youth, and
affords opportunities for many frauds,
Be it enacted by the Governor, Council and House of Representatives,
[Sect. 1.]
That no person or persons, from and after the thirtyfirst day of March next, unless they be licensed by the selectmen, or
the major part of them, of the town to which they belong, shall sell,
at public vendue, auction, or outcry, any goods, chatties, wares,
;
—
Anctloneers to
be licensed by
the aelectmoii
* Parchment mutilated.
;
Province Laws.
f2D Sess.]
— 1772-73.
merchandizes or effects whatsoever upon the penalty of fifty pounds
and that the selectmen, or the major part of them, at a meeting called
for that purpose, be, and they hereby are, impowered, from time to
time, by writing under their hands, to license some suitable person or
persons for that purpose, not exceeding the number of four in any
town within this province, nor for any term of time exceeding one
year from the day of granting such license.
And
249
—their number.
be it further enacted,
[Sect. 2.]
That no person thus licensed shall receive goods for Penalty for re.
°'
sale of any servant or minor, neither shall he be allowed to vend any servaTts^o?''*
of his goods by public auction, but from sun-rising to sun-setting, minors, or seii'°
upon the penalty of fifty pounds for each offence; and that every thfs'act.'^"'^^
person thus licensed shall keep a fair and particular account of all
the goods sold, by whom said goods shall be brought to him, and of
the names of the persons to whom said goods shall be sold, subjected
to the inspection of the selectmen, or either of them, so often as they
shall require it, without any fee or rewaixl therefor, upon the penalty
of fifty pounds.
Provided,
Nothing in this act shall extend or be construed to Shenflfsand
[Sect. 3.]
extend to hinder sjieriffs, deputy sheriffs, constables, coroners, or any poanf^gooda'
officer of the court of admiralty, executors or administrators, or any byaucuon.in
other person who already is or may hereafter be specially authorised
or required, by any act or order of the general court of this province,
to sell goods or chatties, by vendue, or to hinder any person from
selling, by vendue, his houshold furniture, husbandry-utensils, cattle,
live-stock, the produce of his farm, or his own manufactures..
Provided, also,
And be it further enacted,
[Sect. 4.]
That no license granted by any selectmen for. the License to be
purpose aforesaid, shall be of any effect to exempt or excuse any twc'ivtfmontha.
person from the penalty of this act, for selling at vendue without
license, unless such license shall have been made and granted within
one year next preceediug such sale.
And he it further enacted,
[Sect. 5.]
That every selectman who shall sign or consent to the Penalty on segranting any such licence for the sale of goods or chatties, at vendue, iho™d"exceed^
in any town, when, at the time of signing and granting such license, their power,
there shall be the full number of such licensed persons, residing in
such town, whose license shall then be in force, or that shall sign or
consent to the granting any such license for any greater or longer
time than the time prescribed by this act, shall forfeit and pay the
sum of ten pounds to any person who shall sue for the same.
And he it further enacted,
[Sect. G.]
That all fines, forfeitures or penalties mentioned in Penalty how to
'''covered,
this act, may be recovered by action of debt, in any court of record ^^
proper to try the same the said fines or forfeitures, to be to the use
of the person who shall sue for the same.
[Sect. 7.]
This act to continue and be in force for the space of Limitation.
two years, and no longer. [^Passed February 27;* published March
6, 1773.
—
—
;
•'
My Lords, In pursuance of Your Lordships Order of the 19"> of May 1773 we have
taken into onr consideraf'ion an Act passed in the Province of the Massachusetts Bay in
February 1773 intitled
' An
Act to regulate the sale of Goods at public vendue and to limit the number of
Auctioneers.'
have also consulted M' Jackson one of His Majesty's Counsel at Law upon the
We
* Signed March
6,
according to the record.
:
Province Laws.
250
— 1772-73.
[Chaps. 45, 46.]
said Act who has reported to us that he Is of opinion the sarac is expedient in all parts
except that it places the power of licensing in the Selectmen when it is more fit that such
power should be entrusted to His Majesty's Governor by whom it is more likely to be
impartially executed.
This objection in which we concur with M"" Jackson does appear to us of so much
weight a^'ainst the Act in question that however expedient it may be in other particulars We are of opinion that it will be advisable for Your Lordships to recommend to
Lords of Trade
His Majesty to signify His Majesty's Royal disallowance of this Act."
to Lords of the Council, Mar. 3, 1774 " Mass. Bay, B. T.," vol. 86, p. 323.
—
:
CHAPTER
45.
AN ACT TO PREVENT THE DESTRUCTION OF SALMON AND OTHER
FISH IN MERRIMACK RIVER, WITHIN THIS PROVINCE.
Whereas the salmon and other fish taken
Preamble.
in
Merrimack River, within
have been of great service to the inhabitants, and still will
be so if due care is taken to prevent the unnecessary destruction
thereof and wJiereas, some persons have, of late, enlarged their seines
to such an extraordinary length as have greatly obstructed the
passage of said fish, by using such seines so as to extend quite across
said river, which if not prevented will tend to destroy the valuable
this province,
;
—
fishery in said river,
Be it enacted hy the Governor, Council
Penalty
and House of Representatives.,
That no person or persons whatsoever, from and after
[Sect. 1.]
the first day of April next, and so during the continuance of this act,
be allowed to catch salmon, or other fish, with seines or nets more than
and if any person or persons
sixteen rods in length, in said river
shall presume to catch fish with seines or nets of any greater length, he
or they shall, for each offence, forfeit and pay the sum of forty shillings,
to be recovered by action before any of his majesty's justices of the
peace for the county where such offence shall be committed one
moiety whereof shall be for him or them who shall sue for the same,
and the other moiety shall be to and for the use of the poor of the town
where such offence shall be committed.
This act to be in force two years from and after the
[Sect. 2.]
{Passed and published March
first day of April next, and no longer.
;
;
— ho^y to be vocovered and
applied.
Limitation.
6,
1773.
CHAPTEE
46.
AN ACT TO IMPOWER THE INHABITANTS OF THE TOWN OF ROCHESTER,
IN THE COUNTY OF PLIMOUTH, TO REGULATE THE TAKING OF FISH
WITHIN THE HARBOURS AND COVES OF SAID TOWNSHIP.
Disallowed by
the Privy
Council, June
1774.
Preamble.
1,
AVhereas there are sundry harbours and coves within the town of
Rochester which have numbers of various kind of fish, but, by the
drawing of seines under no regulation, the fish have been greatly
diminished therein, to the damage of said inhabitants, and injury of
the poor,
Be
—
therefore enacted by the Governor, Council
resentatives,
Inhabitants,
powered
to
regulate tba
c
it
and House of Rep-
[Sect. 1.]
That the inhabitants of said town are hereby fully impowered, at a meeting or meetings to be called for that purpose, to