DISTRICT OF MASSACHUSETTS, TO WIT: BE it remembered, That on the fourth day of August in the thirty-fifth year of the Indepen. dence of the United States of America, WILLIAM CHARLES WHITE, of the said district, has deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit: "A COMPENDIUM and DIGEST of the LAWS OF MASSACHUSETTS, By WILLIAM CHARLES WHITE, Counsellor at law. "Misera servitus est, ubi jus est vagum, aut incogni tum." Vol. II....Part. II. In conformity to the act of the Congress of the United States, intitled, "An Act for the Encouragement of Learning, by securing the Copies of Maps, Charts, and Books, to the Authors and Proprietors of such copies, during the times therein mentioned;" and also to an act intitled, "An act supplementary to an act, intitled, an act for the encouragement of learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies during the times therein mentioned; and extending the benefits thereof to the Arts of Designing, Engraving, and Etching Historical, and other Prints." WILLIAM S. SHAW, Clerk of the District of Massachusetts. DIGEST OF THE LAWS OF MASSACHUSETTS. TITLE LXII. FERRIES AND FERRY-MEN. 1. Of the manner of licensing ferry-men. 2. Duty of towns to provide ferry-men, and penalty for neglect. 3. Duty of ferry-men; and penalty for neglect of such duty. 4. Liability of unauthorized persons who act as ferry men. I. Of the manner of licensing ferry-men. Stat. 1796, c. 42, s. 1, Ferriage to be stated by law. Licenses for keeping ferries may be obtained from the court of general sessions of the peace of the county wherein such ferry may be; and the said court is empowered to grant such licenses to such person or persons as shall be judged suitable for such service by the same court; and to state the fare or ferriage at each ferry, for passengers, horses, and other creatures, carriages, waggons, carts, teams, and other things there transported, always having regard to the breadth and situation of, and the more or less passing, at any ferry; in all cases taking bond, with sufficient sureties of each ferry-man, for bond. the faithful performance of the duties and services of his place. Ferry-men to give 1bid. s. 4. Duty of towns to pro vide ferry-men; such persons to be licensed and to give bonds. Ibid. s. 5. Towns, each side a river, alternately to provide ferry-men. Ibid. s. 6. To whose use such II. Duty of towns to provide ferry-men, and penalty for neglect. The same statute has further provided, that whenever the court of general sessions of the peace of any county in this commonwealth, shall judge it necessary to set up a ferry for the convenience of passing any river or waters, and no person shall appear to keep the same for the stated profits thereof; the town or district wherein such ferry may be, shall take effectual care to provide a suitable person or persons to keep and attend the same, at such place, and in such times of the year, as the said court shall judge necessary; which person or persons shall be licensed by such court as aforesaid. And the said court shall take bonds with sureties of such persons for the faithful performance of the duties and services of their places, and state the fare or ferriage to be demanded and received at such ferry; having regard to the breadth and situation of, and the more or less passing at the same. The same statute hath further provided, that if any such ferry so judged necessary, shall be over any river or water, when one town or district joins thereto on one side, and another town or district on the other side, in such case the said towns and districts shall, either jointly or alternately, provide such person or persons to keep such ferry as the said court shall order. The same statute hath further provided, that any town or district, neglecting to provide suitable persons to keep Penalty for neglect. ferries as aforesaid, shall forfeit and pay forty dollars for each month's neglect; one moiety thereof to the use of penalty shall accrue. the commonwealth, and the other moiety to him or them who shall inform and sue for the same. And all the forfeitures aforesaid which may be incurred, shall be recoverable in an action of debt, with costs of suit, before a justice of the peace or court of common pleas of the county wherein the ferry may be, according to the amount of the forfeitures to be recovered. Mode of recovery. III. Duty of ferry-men; and penalty for neglect of such duty. Ibid. s. 2. and give ready attendance. The same statute hath further provided, that all ferrymen, at the several ferries in this commonwealth, shall keep a good boat or boats, in good repair, suitable to the To keep good boats water they are to ferry over, and give ready and due attendance on passengers on all occasions, for the times, and according to the regulations established at any ferry; and the keeper or keepers of each ferry, for every neglect of such attendance shall forfeit and pay one dollar, and for every neglect in keeping such a boat, twenty dollars; one moiety thereof in each case to the use of the commonwealth, and the other moiety to him or them penalty shall accrue. who shall inform and sue for the same; and be further Further liable in an liable to pay in an action on the case, all such special action for damages. damages as any person shall sustain by such neglect.(1) IV. Liability of unauthorized persons, who act as ferry men. Penalty for neglect. To whose use such Ibid. s. 3, Penalty. The same statute has further provided, that if any person or persons shall keep a ferry, or transport passengers over or across any stated ferry so as to demand or receive pay, having no right or authority so to do, he shall forfeit and pay for every such offence, four dollars; one moiety thereof to the commonwealth, and the other to him or them who shall inform and sue for the same; and be further liable, in a special action on the case, to pay action for damages. such damages as may or shall accrue to the person or persons assigned and authorized to keep any such stated ferry or ferries. (1) If the ferry-men be provided by the town, in such case, one moiety of the forfeiture goes to such town instead of the commonwealth. Stat. 1796, c. 42, s. 4. Further liable in an |