16 prosecuting therefor, for every one of said creatures, 17 excepting sheep, not less than five, nor more than ten 18 dollars, and for every sheep one dollar.

1 SEC. 2. Be it further enacted, That if any person 2 shall wilfully pull up or destroy any beach grass 3 planted, or which hereafter may be planted within 4 the limits aforesaid, to prevent the destruction of 5 Provincetown harbor, he shall forfeit and pay the sum 6 of ten dollars for the first, and twenty five dollars for 7 every subsequent offence, to the use of the person 8 prosecuting therefor.

1 SEC. 3. Be it further enacted, That the town of 2 Provincetown may at their annual meeting, or at any 3 other legal town meeting, appoint a Committee of 4 one or more persons, whose duty it shall be, to cause 5 the provisions of this Act to be carried into full effect, 6 and who shall be sworn to the faithful discharge of 7 that duty, and who are hereby authorized to sue for 8 and recover in the name of the Treasurer of said town, 9 the penalties herein before mentioned.

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SEC. 4. Be it further enacted, That the penalties 2 aforesaid may be sued for and recovered by action of 3 debt, in any court proper to try the same.

1 SEC. 5. Be it further enacted, That it shall be 2 lawful for the aforesaid Committee, or any other 3 person, to take up and empound any neat cattle, 4 horses or sheep, at any time found going at large 5 within the limits aforesaid, he or they relieving such 6 creatures with suitable meat and water during the 7 time of their confinement; and when any of the 8 creatures aforesaid shall be so impounded, it shall be 9 the duty of the person or persons impounding them, 10 within twenty four hours to inform the owner thereof,

11 if known, by leaving a written notification at his 12 usual place of abode; or if unknown, by posting up 13 a written notification in three public places in the 14 town of Provincetown, which notification shall de15 scribe said creatures, and shall specify the time, place, 16 and cause of impounding them, and if said owner 17 shall not, within three days from the time of leaving 18 or posting up such notifications, pay, or offer to pay 19 to the Pound keeper, the penalty or penalties incurred 20 as aforesaid, and also the reasonable expenses of the 21 relief and sustenance of such creatures, together with 22 the Pound keeper's legal fees, such Pound keeper 23 may proceed to sell such creatures at public auction, 24 first giving notice of the time and place of sale, by 25 posting up a written notification thereof in three 26 public places in said town of Provincetown, at least 27 forty eight hours before said sale, and after deducting 28 from the proceeds of any such sale the said penalties, 29 expenses, and fees, together with the costs of such 30 sale, the surplus, if any, shall be paid to such owner, 31 if he shall demand the same within one year after 32 such sale, otherwise it shall be paid into the Treasury 33 of the town of Provincetown, for the use of said town. 1 SEC. 6. Be it further enacted, That where any 2 person has a legal title in or to any part of the land 3 aforesaid, he shall have a right to compensation in 4 damages, to be paid by said town of Provincetown, 5 for any injury he may sustain under the provisions of 6 this Act, which damages shall be estimated by a jury 7 to be awarded by the Court of Common Pleas within 8 and for the county of Barnstable, and recovered with 9 costs, in the same manner in which damages are 10 estimated and recovered by persons injured by the

11 laying out of highways. Provided, application there12 for be made by petition to said Court, within twelve 13 months from and after the passing of this Act, saving 14 to said town of Provincetown the right to contest the 15 title of any such applicant in and to the land claimed 16 by him, by pleading to issue to any such petition ; 17 and said issue, whether in law or fact, shall be tried 18 in said Court, and either party shall have a right to 19 appeal from the judgment of said Court thereon, to 20 the Supreme Judicial Court in and for said county, 21 and in case such issue be finally determined in favor 22 of such applicant, said Court of Common Pleas shall 23 proceed to award a jury to estimate damages as 24 aforesaid; but if the issue be finally determined 25 against such applicant, said town of Provincetown 26 shall recover against them their costs.

Commonwealth of Massachusetts.

IN SENATE, March 6, 1833.

On the Petitions of the towns of Lexington and West Cambridge, to be relieved from their obligation to contribute to the support of the Bridge over Charles River, between the towns of Cambridge and Brighton, formerly called the Great Bridge, over Charles River in Cambridge; the Joint Committee, having heard the Petitioners and Remonstrants,

REPORT THE FOLLOWING FACTS:

That in the year 1699, said Bridge having gone to decay, was rebuilt in pursuance of an act of the Legislature, which provided that the expense of repairing the same thereafter, should be borne, two third parts by the town of Cambridge, and one third part by the town of Newton-and that said Bridge from that time was supported by said towns in that proportion. At that time, Cambridge comprised the territory of the present towns of Cambridge, Brighton, West Cambridge and Lexington, and all lying on the northerly side of the river, ex

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cept that part which is now Brighton. Whether Cambridge and Newton expressly assented to the provisions of the act aforesad, or whether the support of said Bridge was imposed upon them as county roads now are upon towns by county commissioners, without or against their will, does not appear.

In the year 1712, the farmers so called, inhabiting the northerly precinct of Cambridge, as appears by the records of said town, petitioned the said town, "that they might be dismissed therefrom," and be a township by themselves—and that a Committee was appointed by Cambridge, to treat with a Committee of the Petitioners as to the terms of their dismission-and that one of the "articles to be proposed as one of the terms of their dismission should be their paying a part towards the support of the Great Bridge,"-upon whose report, it was voted-That said farmers be dismissed from the town upon paying to the Town Treasurer annually, such a proportion of the Town's charge of the Great Bridge over Charles River in Cambridge, as shall fall to them according to their annual proportion with said town, in the province tax-which article is said by said record to have been complyed with by said farmers-that in pursuance of said agreement, it appears by the records of the Governor and Council, vol. 9, page 259, that said farmers were incorporated as a separate town in 1712, by the name of Lexington, on the terms of their agreement with the town of Cambridge, that they should thereafter bear their proportion with said town, according to the Province tax, of two third parts of the expense of supporting said Bridge-that at that time Cambridge was held to the support of two thirds said expense, and Newton the other third.