Proprietors may be at liberty to inclose and improve lands, &c. And be it further enacted, That each and every of the 1785.- Chapter 11. [May Session, ch. 10.] Chap. 11 AN ACT TO AUTHORIZE THE UNITED STATES IN CONGRESS AS Preamble. SEMBLED, TO APPOINT COMMISSIONERS TO COMPLEAT THE Whereas an agreement was made and entered into, on Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That it shall and may be lawful to and for the 1 Congress assem to appoint Com United States of America, in Congress assembled, and United States in they are hereby fully authorized to appoint three skilful, bled, authorized judicious and disinterested persons, as Commissioners, to missioners. run out, survey, mark and ascertain the said line of jurisdiction, between this Commonwealth and the State of New York, according to the true intent and meaning of the agreement abovementioned. Line run by the Commissioners risdiction And be it further enacted by the authority aforesaid, That the line so to be run, marked and ascertained by the said Commissioners, or any two of them, according to the to remain a jutrue intent and meaning of the said agreement, shall be, boundary line. and forever hereafter remain, a jurisdiction or boundary line, as far as the same shall extend, between this Commonwealth and the easterly part of the State of New York. the Commis sworn, &c. Provided always, That the Commissioners so to be Proviso, that appointed, shall, before they proceed upon the execution sioners be of their trust, be sworn faithfully and impartially to per'form the same according to the best of their skill and judgment; and shall, within two years from the seventh day of March, One thousand seven hundred and eightyfive, complete the said survey, and make a true and exact return thereof into the Secretary's office of the United States in Congress assembled, to be there filed as a perpetual evidence of the said jurisdiction line. consent of Council, author ized to appoint the Com And be it further enacted by the authority aforesaid, That the Governor, by and with the consent of the Governor, with Council of this Commonwealth, is hereby authorized to appoint one or more person or persons to furnish the said persons to furCommissioners, which shall be appointed by Congress to missioners with run and ascertain the line aforesaid, with the necessary the necessarynd documents and papers relative to the said line, and to papers. make his warrant on the Treasurer of this Commonwealth in favour of the person or persons so to be appointed, for 1785. - Chapter 12. [May Session, ch. 11.] AN ACT FOR THE FILING AND RECORDING OF WILLS PROVED Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of Chap. 12 without Copy of any will the same, That where the copy of any will which has been this Govern and proved and allowed in any Probate Court in any of the recording thereof shall be of the same force as of an original will. Persons interested in wills proved without ment, desiring be filed; direc this govern the same may tions how to proceed. When an original will shall be United States, or in any foreign State or Kingdom, shall And be it further enacted, That when the executor or And be it further enacted, That when an original will offered for pro- shall be offered for Probate before any Court of Probate bate, & the witnesses live more than thirty miles distant, in this government, and the witnesses thereunto live out of the government, or more than thirty miles distant, or by reason of age or indisposition of body, are unable to depositions may be taken in such Provided always however, Before the Probate of any Proviso. And it is further provided, That nothing in this act Further pro- 1785.- Chapter 13. [May Session, ch. 12.] June 29, 1785. AN ACT DETERMINING THE TIMES AND PLACES FOR HOLDING Chap. 13 JUDICIAL COURTS IN THE COUNTY OF BERKSHIRE, A LIM- Be it enacted by the Senate and House of Representa- 1785. - Chapter 14. [May Session, ch. 13.] Chap. 14 AN ACT IN ADDITION TO, AND FOR REPEALING CERTAIN PARTS catching fish. OF AN ACT PASSED IN THE YEAR OF OUR LORD, ONE THOU- Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority Time altered for of the same, That the time allowed for catching salmon, shad and alewives in said rivers and streams, by the act to which this is an addition, be, and it is, hereby so far altered, that it shall hereafter begin at sunset, on Monday evening, and end at sunset on Thursday evening, in each week; any thing in the said act to the contrary notwithstanding. Third paragraph repealed. Penalty for erecting ob. structions, &c. Persons found in possession of said fish within three miles, shall be accounted guilty oftching the same, unless. And be it further enacted by the authority aforesaid, That the third enacting paragraph in the said act be, and it is, hereby repealed. And be it further enacted by the authority aforesaid, That if any person or persons shall erect any obstruction or incumbrance in or across the said Merrimack River, or any of the rivers or streams running into the same, or continue such as are already erected, so as to prevent the free passage of the said fish up the said rivers and streams, he or they so offending, shall forfeit and pay a fine of Twenty pounds, to be recovered and applied in the same manner as fines for a breach of the act to which this is in addition are recovered and applied. And be it further enacted, That if any fresh salmon, shad or alewives, shall be found with or in the possession of any person or persons whatever, within three miles of any of the said rivers or streams, and within this Commonwealth, at any other time than the time allowed by law for catching said fish in the said rivers and streams, such person or persons shall be held and accounted in law to be guilty of catching said fish contrary to the true intent of the said act, and shall pay a fine accordingly, unless such person or persons shall make oath in the Court before whom trial is had that said fish were actually |