effect, and be in force from and after the first day of July next. [June 15, 1822.] Further add. act-1824 ch. 23.

An Act to prevent the destruction of Pickerel and Trout, in the rivers, Chap. 21. streams, and ponds, within this Commonwealth.

Fish to be ta

ken only by hooks & lines.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the first day of July next, it shall not be lawful to take or catch any pickerel or trout, in any of the rivers, streams, or ponds, within this Commonwealth, by day or by night, in any other way or manner, than by hooks and lines; and every person so offending, contrary to the true intent and meaning of this act, upon conviction thereof before any court of competent jurisdiction, for the county where the offence is committed, shall pay a fine of fifty cents, for Penalty. each and every pickerel or trout so taken; which fine shall be paid to the person who may sue for and recover the same. [June 15, 1822.] Add. act-1824 ch. 127.

An Act to divide the Commonwealth into Districts, for the choice of Chap. 22. Representatives in the Congress of the United States, and prescribing the mode of election.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That this Commonwealth be, and it hereby is, divided into thirteen districts, as are in this act defined and described, for the purpose of choosing representa- Arrangement tives, to represent this Commonwealth in the Congress of of districts. the United States, after the present Congress; in each of which districts, one representative, being an inhabitant of the district for which he shall be elected, shall be chosen in the manner hereinafter described.

SECT. 2. Be it further enacted, That the said thirteen districts shall be formed and limited in manner followingthat is to say:

The city of Boston shall constitute one district, to be call- Suffolk. ed Suffolk District.

The towns of Salem, Beverly, Gloucester, Manchester,

Danvers, Lynnfield, Lynn, Marblehead, and Saugus, in the

county of Essex, together with the town of Chelsea, in the Essex South. county of Suffolk, shall form one district, to be called Essex South District.

The towns and districts in the county of Essex, not in

cluded in Essex South District, together with the towns of Essex North. Dracut, Tewksbury, Billerica, and Wilmington, in the county of Middlesex, shall constitute one district, to be called Essex North District.

Middlesex.

Worcester

South.

Worcester
North.

Franklin.

Hampden.

Berkshire.

Norfolk.

Plymouth.

The towns and districts in the county of Middlesex, excepting the towns of Ashby, Townsend, Shirley, Pepperell, Groton, Dracut, Tewksbury, Billerica, Wilmington, Brighton, Newton, Natick, Sherburne, Holliston, Hopkinton, and Framingham, shall constitute one district, to be called Middlesex District.

The following towns and districts in the county of Worcester, viz: Northborough, Worcester, Shrewsbury, Paxton, Oakham, New Braintree, Hardwick, Southborough, Westborough, Leicester, Brookfield, North Brookfield, Spencer, Ward, Grafton, Western, Upton, Charlton, Oxford, Sutton, Milford, Sturbridge, Northbridge, Dudley, Douglass, Uxbridge, Mendon, Milbury, and Southbridge, shall constitute one district, to be called Worcester South District.

The towns and districts in the county of Worcester, not included in Worcester South District, together with the towns of Ashby, Shirley, Townsend, Pepperell, and Groton, in the county of Middlesex, shall constitute one district, to be called Worcester North District.

The towns and districts in the county of Franklin, together with the towns of Pelham, Prescott, Amherst, Hadley, Hatfield, Williamsburg, Goshen, Greenwich, Chesterfield, and Enfield, in the county of Hampshire, shall constitute one district, to be called Franklin District.

The towns and districts in the county of Hampden, together with the towns of Belchertown, East Hampton, Granby, Northampton, Norwich, South Hadley, Southampton, Ware, and Westhampton, in the county of Hampshire, shall constitute one district, to be called Hampden District.

The towns and districts in the county of Berkshire, together with the towns of Middlefield, Cummington, Worthington, and Plainfield, in the county of Hampshire, shall constitute one district, to be called Berkshire District.

The towns and districts in the county of Norfolk, excepting the towns of Weymouth, Cohasset, and Quincy, together with the towns of Hopkinton, Holliston, Sherburne, Framingham, Natick, Newton, and Brighton, in the county of Middlesex, shall constitute one district, to be called Norfolk District.

The towns and districts in the county of Plymouth, excepting Wareham, Rochester, and Carver, together with the town of Raynham, in the county of Bristol, and the towns of Weymouth, Cohasset, and Quincy, in the county of Norfolk, shall constitute one district, to be called Plymouth District.

The towns and districts in the county of Bristol, except- Bristol. ing the town of Raynham, shall constitute one district, to be

called Bristol District.

The towns and districts in the counties of Barnstable, Nantucket, and Dukes' County, together with the towns of Ware- Barnstable. ham, Rochester, and Carver, in the county of Plymouth, shall constitute one district, to be called Barnstable District.

November.

SECT. 3. Be it further enacted, That the mayor and aldermen of the city of Boston, and the selectmen of the several towns and districts within this Commonwealth shall, in manner as the law directs for holding elections therein, cause the inhabitants of their respective towns and districts, duly qualified to vote for representatives in the General Court of this Commonwealth, to assemble on the first Monday of No- Biennial elecvember, biennially, beginning in November next, to give in tons to be in their votes for their respective representatives; and at such town and district meetings, the selectmen, or the major part Selectmen to preside, &c. of them, shall preside, and shall, in open town meeting, receive, sort and count the votes, and shall form a list of the names of the persons voted for, with the number of votes for each person written in words at length, against his name; and the town clerk shall make a record thereof, and the selectmen shall in such meeting make public declaration of the persons voted for, and of the number of votes they respectively have, and shall in open town meeting seal up the said list, certified by the selectmen, and express upon the outside of the said list, the district in which the votes were given, and shall transmit the same within fourteen days next after such meeting, to the secretary of the Commonwealth, or to the sheriff of the county in which such town or district lies, who shall transmit the same to the secretary of the Commonwealth, within forty days next after the time of holding such meeting and in the said city of Boston, the said election shall be held, and all the proceedings thereon had, and the returns thereof made in conformity with the directions of the act establishing the city of Boston; and the secretary shall lay the same before the Governor and Council; and in case of an election for any district, by a majority of the votes returned from such district, the Governor shall forthwith transmit to the person so chosen, a certificate of such choice, signed by the Governor, and countersigned by the secretary; and the selectmen of such towns and districts as lie within any county in which there may be no sheriff, shall return such list to the secretary's office, within the same term of time as sheriffs are required to do.

Votes to be returned within

14 days.

In case of no choice, &c.

Vacancies to be filled up.

Fees to sheriffs, for return of votes, &c.

SECT. 4. Be it further enacted, That in case no person shall be chosen by a majority of all the votes returned from any district, the Governor shall cause precepts to issue to the mayor and aldermen of the city of Boston, or the selectmen of the several towns and districts, within such district, directing and requiring such mayor and aldermen, or selectmen to cause the inhabitants of their respective towns and districts, qualified as aforesaid, to assemble as aforesaid, on a day in such precept to be appointed, to give their votes for a representative in Congress aforesaid; which precept shall be accompanied with a list of persons voted for in such district, shewing the number of votes for each person, according to the first return; and the same proceedings shall be had thereon, and the same returns made in all respects, as before directed in this act; and like proceedings shall be had as often as occasion may require.

SECT. 5. Be it further enacted, That whenever any vacancy shall happen in the representation of this Commonwealth in the Congress of the United States, the Governor shall cause precepts to issue to the said mayor and aldermen, or selectmen of the several towns and districts, within any district in which such vacancy may happen, directing and requiring them to cause the inhabitants of their respective towns and districts to assemble on a day, in such precept to be appointed, to give in their votes for a representative to supply such vacancy; and like proceedings, in all respects, shall be had, from time to time, as are herein before provided.

SECT. 6. Be it further enacted, That it shall be the duty of the several sheriffs of the several counties of the Commonwealth, on receiving copies of this act, or any precept from the Governor, for the purpose herein mentioned, to transmit the same, seasonably, to the selectmen of the several towns and districts within their respective counties, to whom such precepts or copies may be directed. And the several sheriffs shall, for the said service, be entitled to receive out of the treasury of this Commonwealth, fifty cents for each of the copies and of the precepts so by them seasonably distributed to the selectmen of the towns and districts as aforesaid; and for returning the votes from all the towns within the respective counties, which may be seasonably delivered to him as aforesaid, each sheriff shall be entitled to receive seventeen cents per mile, computing from the place of abode of each sheriff to the secretary's office; and in either case, the sheriffs shall present their accounts to the committee on accounts for examination and allowance.

SECT. 7. Be it further enacted, That any sheriff who Penalties for shall neglect to perform the duties which by this act he is breach of duty. directed to perform, shall for each neglect forfeit and pay a sum not exceeding two thousand dollars, nor less than two hundred dollars, for any such neglect; and if any selectmen, or the mayor, or either of the aldermen, or ward officers of the city of Boston, shall neglect to perform any of the duties which by this act they are required to perform, each officer, so neglecting, shall forfeit and pay a sum not exceeding two hundred dollars, nor less than thirty dollars, for any such neglect; any of the forfeitures aforesaid to be recovered by indictment before any court of competent jurisdiction; which forfeiture shall enure one half thereof to the person or persons who shall prosecute therefor, and the other half to the use of the Commonwealth.

this act.

SECT. 8. Be it further enacted, That this act shall con- Duration of tinue and be in force, until a new apportionment of representatives among the several States shall be made.

112.

SECT. 9. Be it further enacted, That an act entitled "An 1814 ch. 54, act to divide the Commonwealth into districts for the choice of Representatives in the Congress of the United States, and prescribing the mode of election," passed on the fourteenth day of June, in the year of our Lord eighteen hundred and fourteen, and all other acts in addition thereto, be, and the same are hereby repealed; excepting so far as said Laws rep.nlact or acts may provide for the choice of any representative or representatives to fill any vacancy or vacancies which may occur before the end of the present Congress, and excepting also so far as the same act or acts may have relation to the prosecution and recovery of any forfeiture or forfeitures for any breaches thereof. [June 15, 1822.]

ed.

An Act to cede to the United States the jurisdiction of a site for a Chap. 23. Light House on the Island of Kutta Hunk.

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the jurisdiction of two acres of land on the north western extremity of the Island of Kutta Hunk, in this Commonwealth, be, and hereby is granted to the United States Cession. of America, for the purpose of erecting a light house on the same; provided, that this Commonwealth shall retain, and Concurrent does hereby retain, concurrent jurisdiction with the United jurisdiction States, in and over said land, so far, as that all civil and criminal processes issued under the authority of this Com

retained.