Full text of "Acts and resolves passed by the General Court"

PRIVATE AND SPECIAL

OF THE

COMMONWEALTH

MASSACHUSETTS,

FROM THE YEAR 1780,

TO THE

Clofe of the SefTion of the General Court,

BEGUN AND HELD ON

THE LAST WEDNESDAY IN MAY, J, D, 1805o

■WITH

An appendix,

CONTAININO

SUCH STATUTES, OF THE ABOVE DESCRIPTION'y PASSED BEFORE

THE rEAR 1780, AS ARE REFERRED TO IN ACTS PASSED

SINCE, AND INCLUDING THE TEMPORARY ACTS,

MADE PERPETUAL, MARCH 7, 1797,

IN THREE VOLUMES,

VOL. m.

Bofton :

PRINTED FOR THB STATE, BY MANNING ^ LORINC,

^nt>ate and Special
STATUTES

MASSACHUSETTS.

An ACT to change the Name of the Town oipQiv-
nalborougb, in the County of Lincoln.

WHEREAS the town of Pownalborough is more general- preamble,
ly known in foreign places by the name of Wifcajfety
and is by that name in the federal laws eftablidied as a port of
entrvj and all the commercial papers and tranla£\ions at the
faid place done in conformity thercwitli ; and it being other-
wife inconvenient to have two names for one corporate town :

Sect. I . Be it eimcled hy the Senate and Houfe of Reprejeiit-
ntiveSy in Genera/ Court j/fembledy ntid by the authority of the fame^
That from and after the date of this Acl, the name of the faid
towm of Poiiinalborough fhall ceafe, and the faid town fliall Tn^towntobc
henceforth be called and known by the nam.e of Wfcaffet only ; ^^^'^^'^ Wifcaf-
any law to the contrary notwithftanding : And nothing in this
Aft contained fhall be conftrued to impair any rights of the
faid Corporation, but the inhabitants of the faid tov\rn fiiall
have, enjoy and exercife all the powers, privileges and immu-
nities as a Corporation by the name of JVifcaJfty in as full and
ample a manner as though the name of the laid town had not
been changed.

Sect. 2. And be it further enacledy That the fefiions of the prov^non re.
Supreme Judicial Court for the county of Lincoln fhall continue fpedingtheSu-
to be holden in the faid town of WifcaJJ'ct \ and that ail the preme Court.j
records and proceedings of the Courts of law which have
heretofore, or which may hereafter be had and done in the
faid place, fhall be as valid and effedtual as if no alteration of
its name had been made.

[This A6t paffed June 10, 1802.]

\ An

4 DENNIS MEADOWS, &c. June 12-18, An. 1802.

An ACT in addition to an AcV, entitled, « An A£l to
prevent Damage being done on the Meadows lying
in the Tovvnlhip of Tarmouth^' lince incorporated
by the Name of Dennis, called Nobfcujfet Meadows^
and a fmali Com'nionasce of La#id and Beaches
thereto adjoming.

*1S "Y THEREAS the fpace of time within which the turning
Preamble. Y V i"^ of cattle, horfes, flieep and fwine upon the mead-

ows, beaches and fliores aforefaid, prohibited by the A€l afore-
faid, is found to be too Ihort :

Sect. i. Be it enacied by the Senate and Hotife of Reprefenta-

tlvesy in Gene raj Court ajjembledy and hy the authority of the faniCf

That from and after the paffing of this A(fl, no cattle, horfes,

The time cat- ^^^^P o^" fwine fhall be turned into the meadows, beaches and

tle,&c. are not land defcribed in the Act aforefaid, from the firft day of

tobe turned in. March to the laft day of December annually.

Sect. 2. And he it further enacied by the authority aforefaidy
That all the fines, penalties, forfeitm-es and provifions of the
Act aforefaid, fliali be extended to and operate in the fame
manner as if the fame were inferted in this Adl ; and that this
A61: fliall only be confidered as an amendment of and an adJi-*
tion to the Adl aforefaid.

[This A<51 pafled fune 12, 1802.}

An ACT to explain and amend " An Acl for incor-
porating a Number of the Inhabitants of Becket, in
the County of Berk/hire, into a Society for Religious
Purpofes,*' pafTed February 17, 1798.

^ T)E it enacied hy the Senate and Houfe of Reprefenta"

tives, in Genera/ Court ajjembled, and by the author^

ity of the fame. That the Firft Congregational Society in the
Vefted with town of Bechet are, and fhall be confidered to be veiled with
t e pnvi ege$, || ^j^^ privijeges, powers and immunities which are common

& c. common to , * ,7 P IT . .

other focieties. to Other religious locieties.

Sect. 2. And he it further ^naSJed by the authority aforefaid.
That the faid Society are and fhall be confidered to be au-
Occafjonrtl ap- thorized, when deflitute of a fettled ordained Minifler, to ap-
propriation of ply the whole or any part of the annual intereft or income of
income author- ..j^^.jr capital flock or eftate, to the fupport of any teacher or
teachers of piety, religion and morality of the Pedobaptilt de-
nom.ination, occaflonaliy employed by them ; and all luch ap-
plications of their intereft or incom.e as aforefaid, which have
been or may be made by faid Society, Ihall be holden to be
Tulid in law.

•'TH^o Aa oafTed Ji:v.e 18, 1802.1 .

Preamble.

MIDDLETON FISHERY, &c. June 1 8, An. 1 803.

An ACT authorizing the ereclion of a Dam for cer-
tain Purpofes, and to regulate the taking of Sha4
and Ale wives in the Town of MlddUton.

WHEREAS the waters running from the Gnat Pond in
the town of Middletoriy in the county of Ejfex, to Ip-
fzvich Rivery become fo low during the fummer feafon, that
Ihad and alewives cannot pafs down to faid river, but are de-
tained in faid pond, and great numbers of them perilh during
the winter fealbn to the great lofs and damage of the inhabit-
ants of faid town :

Sect. i. Be it enabled by the Senate and Houfe of ReprcfentC"
tivesy in General Court ajffembled, and by the authority of the Jame^
That the inhabitants of the town of Alidd/etony aforefaid, may ^ dam, &c. »I-
ereft and keep in repair a dam, fluice and gate-way, in the lowed,
brook, at the beginning thereof, near the pond leading from
faid pond to faid river, for the purpofe of keeping fo much
water in faid pond as may be fuihcicnt to fill the faid brook,
fo that the young fhad and ale\vives may pafs down from faid
pond into laid river : Provided, That the water fhall not be
kept in faid pond by means of faid dam, after the twentieth
day of OcJober, in every year ; and provided alfoy That the gate
in the fluice hereby authorized to be eredled, ihall not be ihut
down before the twentieth day of April in every year.

Sect. 2. Be it further etiacled. That the inhabitants of the
faid town of Middleton, be hereby empowered to choofe, at ^^'" Commit-
any legal meeting of the inhabitants of faid town, Committees ^^°^ ^° ^^ *^^'***
for the purpoie of regulating, as they may think proper, the \
taking of Ihad and alewives in the waters of the faid pond,
and the waters rumiing into and from the fame, and prevent-
ing obftru£lions to the faid fifh paiilng down faid brook, with
fines and penalties, noi exceeding //jr^"^ dollars for each offence,
to be recovered in any Court proper to try the fame, one
moiety to the perfon who may recover the fame, and the
other moiety to the ufe of the faid town.

[This Act palled June 18, 1802.]

An ACT regulating the Collecilon of Taxes in the AddinonaiAfl,
Town of Bojlc??, and providing-for the Appointment >"'- 18,1803.
of Conftables in the faid Town.

Sect. i.

lyE it enaBed by the Senate and Houfe cf Reprefenta-
■^^ tiveSf in Geiitral Court ajfembledy and by the author-

ity of the fimcy Tiiat the Selectmen of the town of Boflon be, Seleftmen to
uad they are hereby empowered to appoint annually, fuch a ^ppointConfta-

number

6 BOSTON TAXES. >«^ i8, An.iSo2.

number of peribns as Conflables in the laid town, as the pub-
lic fervice may require ; and the faid Conftables lo appointed
fliall give bonds to the Trcafurer of the town of Bojlotiy m
fuch fums, and on fuch conditions, as the faid Selectmen fliall
think proper, for the faithful periormance of the duties of
their office : And the Conftables fo appointed by the Seledl-
men, ihall have the fame powers as are by law vefted in Con-
ftables chofen by the towns in this Commonwealth.

Sect. 2. And be if further enacted, That the inhabitants of
the town of Bojlon (hall aflemble annually on the firft Wednef-
clay in Aprils in their refpeftive wards, and Ihall then choofe
AfTirtam Affeu jjjjj appoint two perfons in each of their refpe£l:iYe wards to
pointed. ^ affiit the AiTeflbrs in taking a lift of the polls, in eflimating
the value of their perfonal property, and in appraiftng the
T-alue of all real eftates in their own wards ; and tlie twenty-
four perfons thus chofen Ihall meet and appoint three per-
fons, whom they fhall judge befl: qualified to ferve the town
in the office of AnefTors, the enfuing year, v/hich Affeflbrs
fliall have the lame po\vers as are vefted by law in AffelTors
chofen by other towns in this Commonwealth : And in cafe
of the death or refignation of any pcrfou fo choien, in either
of the wards, the Clerk of fuch ward is empowered » id di-
refted to call a new meeting of the ward to choofe a fuitable
perfon to fupply the place of the perfon fo dead or declining
to ferve.

Sect. 3. And he it further enacled. That the Treafurer

•i own-Tr«-afii- (,f ji-^e town of Bofion ftiall be the Collector of taxes in the

ret to be -o - ^^jj town, and fhall be, and hereby is empowered to fubftitute

.eSor of taxes. ' i u • r i \ r j • rnn

and appoint under hmi, luch and 10 many deputies or affift-

ants, as the fervice may be found to require, who fliall give
bonds for the faithful difcharge of their duty, \f\ fuch fums,
and with fuch fiireties, as the Selectmen of faid town ftiall
think proper : And the faid Collector, and his deputy or dep-
uties, ihall have the fame powers as are vefted by law in Col-
lectors of taxes, chofen by other towns in this Commonwealth.
Sect. 4. And be it further enaBed, That all fuch inhabit-
ants of the faid town of Bofion, who fliall voluntarily pay to
the faid town Collector or his deputy, within thirty days next
after the delivery of their tax bills, the amount of their ref-
_.. f pe<Slive taxes, ftiall be entitled to an abatement of -five per

earlv payment -'"'^''/Av;;? on the amount or their laid taxes; and luch inhabit-
«f taxes. ants of faid town, who ihall voluntarily pay their faid taxes to

the faid Colleiflor or his deputy, within ftxty days after the
delivery of tlieir tax bills, Ihall be entitled to an abatement of
three per centum on the amount of their faid taxes ; and all luch
©f the faid inhabitants, v/ho fhall {o pay to the faid Collector

ROXBURY, &c. 7««f 21-23, An. 1 802.

or his deputy, within one hundred and twenty days next af-
ter the delivery of their tax bills, lliall be entitled to an abate-
ment of iiuo per ce7itum on the amount of their faid taxes.
[This Aa pafTed June 18, 1802.]

An ACT to fet off Ward Nicholas Boyljicn, of Roxbury,
with his Eftate on Jamaica Plain, from the firft to
the third Precinft or Parifh in Roxbury.

JDE it enaBcd bj the Senate a/id Houfe of ReprefaitativeSy in
•^ General Court ojfembledy and by the authority of the famey
That Ward Nicholas BoylJloVy of Roxbury y in the county of
Norfolky with his eftate there, confiliing of a dwelling-houfe
and nine acres of land, more or lef'^, be, and hereby is fet off
from the firft and annexed to the third parifh in Roxburyy on
Jamaica Plain : Provided y the faid Boylfion fhall pay his pro-
portion of parifh charges due from him to faid firfl parifli priop
to the date of this KiX,

[This Aa pafTed Jwie 21, 1802.]

An ACT to empower the Selectmen of the Town of
Roxbury to increafe the Number of Engine-Men- in
faid Town.

"DE it enaBed by the Senate and Houfe of ReprefentativeSy in.
"^ General Court ajfembledy and by the authority of the famey
That the Sele^men of the town of Roxbury be, and they here-
by are authorized and empowered (if they fhall judge it expe-
dient) to nominate and appoint, as fbon as may be after the
paffing of this A61, and ever after, in the month of Jatiuary
annually, any number not exceeding fix men to each engine, ia
addition to the number of men now authorized by law.
[This A£i pafTed June 21, 1802.]

An ACT to incorporate the Plantation called Flintf-
toivn, in the County of Ciimberla?id, into a Town
by the Name of Baldwin,

c JD-E it tnaBed by the Senate and Houfe of Reprefenta-

-*-* ti■v^Sy in General Court a/Jewbledy and by the aulhor^
ity of the famey That the plantation of Flinljlown in the coun-
ty o£ Cumberiandy bounded as follows, viz. Beginning on Saco
Rivery at the weflerly corner of Standifj ; thence north-eafl- Poundarie* Jn^
crly, on faid Standifhy to Sebago Pond ; thence northerly, on <^<*rpofated.
faid pond, to Jlfaddy River mouth ; thenge north, thirty-fix

degrees

8 NAMES ALTERED. >«^23, An.iSo^.

degree eaft, five hundred and twenty-two rods, to Raymond"
leivn Plantation ; thence north-weft, on faid Raytnondtoivn and
Otisfield, to Bridgeton fouth-eafterly Hne ; tlience fouth-wefter-
ly, by faid Bridgeton^ to the hne of Broionfield ; thence fouth,
thirty degrees eaft, by faid Broivnjicldy five hundred and fix-
teen rods, to the eafterly corner of faid Brownjield ; thence
fouth, fixty degrees weft, on faid Brownjkldy three miles, t©
Prefcotfs Grant, fo called ; thence fouth, on faid Prefcotfs
Grant, four hundred rod^ ; thence fouth, fixty degrees weft,
ftill on faid Prefcotfs Grant, one mile, to &aco River ; thence
down faid river to the bound firft-mentioned 5 with the inhab-
itants thereon, be, and they hereby are incorporated into a
town bv the name of Baldiuin : And the faid tOwn is hereby
vefted with all the powers, privileges and immunities which
other towns in this Commonwealth do or may by law enjoy.
Sect. 2. j4nd be it further eriaBed, That Jofiah Peirce, Efq.
be, and he hereby is empowered to iflue his warrant, dire£tcd
to fome fjitable inhabitant within faid town, requiring him to
Firft meeting, warn a meeting of the inhabitants thereof, to meet at fuch
time and place as fhall be exprefled in faid warrant, for the pur-
pofe of choofing fuch town ofiicers as other towns are em-
powered to choofe in the month of March or April annually.
[This Act pafied June 23, i8o2.]

An ACT to alter the Names of certain Perfons there-
in mentioned.

)E it enacied by the Senate and Houfe cf Reprejentatives, in
General Court ajfembled, and by the authority of the fame^
Names of Brcck That from and after the pafiing of this Act, Breck Brigham,
Brigham, John of Worcejier, in the county of Worcejler, fhall be allowed to
Ambourlain, take the name of Robert Breck Brigham ; and that John Am-
Wm Q^T'^.- bourlain, of Roxbury, in the county of Norfolk, a minor and ward
tcied. ' ' of Martin Brimmer, Ihall be allowed to take the name oi John
A, Brimmer ; and that William Orne, a minor, fon of Williain
Orne, of Salem, in the county of £j/ex, be allowed to take the
name of William Putnam Orne ; and that William Gray, a mi-
nor, fon of William Gray, jun. of Salem, be allowed to take the
name of William Rifus Gray : And faid perfons Ihall in fu-
ture be refpeclively known and called by the names which they
arc refpcdtively allowed to take as aforefaid, and the fame fliall
be confidered as their only proper names to all intents and
purpofes.

[This Aft pnfTcd June 23, 1802.]

LtNCOLNVlL. >«^23, An.i8o2. 9

An ACT to incorporate the Plantations called Duck
Trap, and Canaan, into a Town by the Name of

LincohiviL

^ ^ T)E ii ennclcd h^i the Senate and Hotife of Rehrefetita-

-^ tivcT, in Ge.'ieral Court ajpinbled, and by the author-
it^ of the fame, That the plantations heretofore called Duck
Trap, and Canaan, lying partly in the county of Lincoln, and
partly in the county of Hanccch, as defcrlbed within the fol-
lowing boundaries, with the inhabitants thereon, be, and they
are hereby incorporated into a town by the name of Llncoln-
v':l : Beginning 'tX a fir tree Handing on the weftcrly bank of
Fcnohfcot Bay, it being the north-eaft corner oi Camden ; thence " ^"^**
running north-weft-by-north, on laid Camden line, one mile,
to a fpruce tree marked for a corner ; thence north eighty-
four degrees weft, on Camden line, three miles and about two
hundred and forty rods, to a pine tree ftanding on the fouth-
weft lide of Smith's Neck ,- thence north thirty-four degrees
weft, on Barretjljiun line, or the line of the twenty aflociates,
three miles and one hundred and lixty rods, to a ftake and
ftones, making a corner ; thence north-eaft-by-eaft, about fix
miles, to the weft corner of Northport, marked Northport cor-
ner ; thence fouth-eaft on Northport line, one mile and two
hundred and feventeen rods, to a black afh tree, ftanding at
the north-weft end of Duck Trap Pond ; thence fouth thirty-
five degrees eaft, adjoining on Northport, down faid pond, two
miles and one hundred and thirty-icven rods, to a brook that
falls into the fouth-eaft end of faid pond ; thence fouth tifty-
fix degrees eaft, adjoining on faid Northport, up faid brook, '

one hundred and forty-five rodsj to a ftake ftanding on the
bank of faid brook •, thence Ibuth twelve degrees eaft, on
Northport line, one mile and two hundred rods, to a ftake and
ftones, ftanding on the wellerly bank of Penobfcot Bay^ it being ,

the iouth corner of Northbort; tlience bounding on the faid bay,
to the corner firft-mentioned : And the faid town of Lincoln-
vil is hereby vefted with all the powers, privileges, rights
and immunities, ta which other towns are entitled by the
Conftitution and laws of this Conimonwealtli.

Sect. 2. And he it further enaBed, That t1ie whole of the Annexed to
faid townflilp is hereby annexed to, and iliall in future be a xianco'k" ^
part of the county of Hancock.

Sect. 3. And be it further enaEled, That George Ulmer, Efq.

be, and he is hereby authorized to ifllie a warrant, direfted

to fome fuitable perlbn, an inhabitant of the laid tpwn of r- a
T ■ 1 ■, • • X.- T 1 1 • 1 I- Firfl meeting.

LincolnvH, requiring him to notify and warn th<i inhabitants

thereof
Vol. UI. B

I®

FRANKLIN SCHOOL. y««f 23, An.1802.

thereof to affemble at feme con^^enlent time and place, as
fhall be expreffed In the faid warrant, for the choice of fuch
officers as towns are by law empowered to choofe in the
months of March or April annually.

[This Aa pafled Jtme 23, 1802.]

An ACT to eftablifti a School in the South Parilh in
Ad.iitionaiAdt, the Town of Jttkhorougb, by the Name of Franklin
Feb. 10, 1804. School, and for incorporating the Truftees of the fiiid
School into a Body Politic.

WHEREAS the education of youth has ever been con-
fidered by the wife and good, as an object of the
hio-heft confequence to the fafety and happinefs of a free peo-
ple : And whereas Abijah Everett, of Att.'eborough, in the
county of Br'ijlol, phyfician, and Abigail his wife, by their
deed, made and executed on the tenth day of /Iprll, in the
vear of our Lord, one thoufand and eight hundred, gave,
granted and conveyed unto Peter Thacher and others, herein
named, and to their heirs forever, a certain piece of land fit-
uate in the fecond parifla or precindl in faid Atthborough, to
be holden in fifty-four rights or Ihares, to the ufe and upon
the trull:, that the rents and profits thereof be forever appro-
priated to the fupport of a fchool, in the faid fecond precinft
forever, for the inftrudlion of youth, in fuch languages, and
in fuch branches of fcience, as are uiiially taught in fchools :
And whereas the execution of the generous intentions of the
donors towards the faid inftitution, may be attended w ith em-
barrailments, unlefs by an Adl of incorporation the Truftees
and their fuccelTors fhall be authorized to commence and pro-
fecute actions at law, and to tranfadt fuch other matters in
their corporate capacnty, as the intereft of the faid fchool may
require.

Sect. I. Be it enacled by the Senate and Houfe of Reprc-
Jentatlves, in General Court ajjeinbled, and by the authority of the
fame. That there be,and hereby is eftablifhed in thefouth parifh
School eftab- or precin£t in Atileboroughy in the county of Brijiol, a Ichool
iiihtd. by the n;ime of The Franklin School, for the promotion of vir-

tue, and the inftru6tion of youth of each fex, in fuch languages,
and in inch branches of the arts and fciences, as the faid
Truftees may from, time to time think expedient, and within
the income and funds of the faid fchool to fupport.

And whereas the faid Abljah and Abigail Everett, for the
benevolent purpofe of endowing faid fchool with a permanent
income, by the deed abovementioned, have given, granted
and conveyed unto Peter Thachety yeoman, Abiathcr Richardfon,

gentleman,

FRANKLIN SCHOOL. Jwwf 23, An.1802. n

gentleman, Gideon Sweet, yeoman, Nathatiiel Robinfon^ gentle-
man, Ebcnezer T^'er the fecond, gentleman, Daniel Carpenter^
jun. yeoman, Eliphalet Wilmarth, gentleman, Daniel Carpenter, conditioH.
yeoman, Caleb Richardfon, jun. yeoman, Benjamin Bolkoin, gen-
tleman, Henry S^veet, ]un. gentleman, Elijah Ingraham yjeoirany
Dexter Stueet, yeoman, CriJeon Sweet, jun. yeoman, John Wil^
marth, yeoman, Noch Blandin, yeoman, Noah Tiffany^ gentle-
man, Jonathan Robinfon, yeoman, Jojlnia Bajfett^ yeonian, Oiis
Capron, yeoman, Elijah Capron, gentleman, Abiather Richard^
Jon, jun. yeoman, Nehemiah Bourn, yeoman, and Jonathan Peek,
yeoman, the faid lot of land, on condition that the income
thereof be appropriated in educating the children of the laid
Heter Thacher and others, the grantees aforefaid, and their
heirs and afligns forever.

Sect. 2. Be it therefore enaBed, That the faid Peter Thach^
er and others, the grantees before-named be, and hereby are
conftituted and made a Body Politic and Corporate, by the
name of The Tnijlees cf Franklin School, for the purpofes ex- <^o''P'**"^'«
prefTed in the deed of the faid Abijah and Abigail Everett ,•
and they are hereby verted with the powers, privileges, rights
and immunities hereinafter granted : And the faid Trultees
and their fuccelibrs fliall have perpetual fucceflion, and by the
fame name may fue and be fued, in all a£lIons, real, perfonal
or mixed ; and fliall have a common feal, which they may
change, alter and renew at pleafure.

Sect. 3. Atid be it further enaBed, That the faid Pi^/i^r
Thacher and others, the grantees before named, and their Qrantees mad
heirs and affigns forever, fhall be the true and fole Viiitors, Truflets, &c.
Truftees and Governors of the faid Franklin School, and may
appoint a Prefiuent, Secretary, IVeafurer, Preceptor and tlich
other officers as they fliall, from time to time, judge necelHi-
ry for the Intereft, and convenient for the heft regulation and
fupport of the faid fchool, and to make fuch rules, orders and
by-laws for the good government thereof, with adequate pen-
alties for the breach of them, as the faid Truftees and their
fucceflbrs flrall think expedient : Provided, That the faid rules,
orders and by-laws be in no wife repugnant to the laws of
this Commonwealth.

Sect. 4. And be it further enabled. That at any legal meet-
ing of the faid Truftees regularly notified, all the concerns of ^°""'^,"" *'^
the faid fchool Ihall be regulated and determined upon by be determined
the major part of the voters prefent, and the number of votes by vote of ths
fliall be determined by the number of rights or ihares each I'^-iftccs.
voter holds or reprefents •, excepting only, that nothing con-
tained in this A<St fliall prevent the faid grantees from fixing
the number of Truftees neceffary to form a quorum^ to tranf-
aft the ordinary bulinefs of the faid Corporation.

Sect.

LINC. k CUMB. FISHERY. June 23, An. 1802.

Sect. 5. And be it further e?7aBed, That the Truftees afore-
Truftees au. ^^^^y "^^^ their fucceiTors, be, and they are hereby rendered
thorized to re- capable in law, to take and receive by gift, grant, devife, be-
ceive cftate. qv.eft, or otherwife, any lands, tenements or other eftate, real
and perfonal : Provided the annual income of the faid real
eftate fliall not exceed Jive hundred dollars, and the annual in-
come of the perfonal eftate fliall not exceed five himdred dol-
lars ; to have and to hold the fame to them the faid Truftees
and their fuccelfors, or fuch terms, and under fuch provifions
and limitations, as may be expreftcd in any deed or inftrument
JProvIfo. of conveyance to them made : Provided alivays, That neither

the faid Truftees nor their fucceflbrs, fliall ever hereafter re-
ceive any grant or donation, the condition whereof fhall re-
quire them or any others concerned, to act in any refpecl
counter to the defign of the beforementioned Abijnh and
Abigail Everett y as exprefled in the aforementioned deed; and
all deeds and inftruments, which the faid Truftees may lawfully
make, fhall, when made in the name of the faid Truftees, and
figned and delivered by the Treafurer, and fealed wiih their
common feal, bind the laid Truftees and their fucceflbrs, and
be valid in law.

Sect. 6. And. be it further cnaBed, That Ehenezer Tyler^

Efq. be, and he is hereby authorized to iflue his warrant di-

Firft meeting, refted to any three of the faid grantees, requiring them to

notify and appoint a convenient time and place for the lirft

meeting of the faid Corporation.

[This Aa paffed June 23, 1802.]

An ACT to exempt a certain Stream illuing from
Pattee^s Pond, in the Town of Wipjlo-iv, into Sabejle-
kook River, from the Operation of all Laws for
March 1,1798. regulating the Fiflieries in the Counties of Lincoln
and Ciwiberland, and for repealing all other Laws
heretofore made for that Purpofe.

T)E it etiacled bv the Senate and Houfe of Reprefentatives, in
•^ General Court ajpmbled, and by the authority of the famCy
That all the laws heretofore made which regulate the taking of
falmon, fiiad and alewives, or any other fifti, in the faid ftream
iliuing from the faid Pattee's Pond, in the town of Winjlow^
into Sabejlekook River, in the county of Kcnnebeck, be fo far
repealed, that fx-om and after the palftng of this Adt they fhall
ceafe to cpernte, or have any effect in the faid ftream ifTuing
from Pattee's Pond, into tire faid Sabe/lekook River.
[This Adl pafTed June 23, 1802.]

WATERVILLE. June 2^, Avi,iZo2, 13

An ACT to divide the Town of Wifijiow, in the
County of JQ7ineb:.k, iind to incorporate the weft-
erly Part thereof into a feparate Town by the
Name of Waterville,

0^^ -nE it eiiacled by the Senate and Hotife cf Reprefenta-

•*-' tiveSf in General Court ajfembled, and b\ the author-
ity of the fame, That all that part of the town cf Winfow which
lies on the weft lide of Ktnnebeck River, as known by its prelent Boun^jarigg^
bounds, and by a line drawn on the middle of Kenneheck River,
as its future eaftern boundary, be, and hereby is incorporated
into a feparate town by the name of Waterville : And the in-
habitants of the faid town are hereby veiled with all the powers^
privileges, rights and imuiuniiies with which other towns are
inverted by the Conftitution and laws of this Commonwealth.

Sect. 2. And be it further enabled. That the faid town of Provifion re-
Waterville Ihall pay all arrears of taxes which have been afleiTed fpefUng taxes,
upon them, together with their proportion of all debts owed by t]^g'''','i'f^jjj/"
the {aid town of IVirflozv prior to the date of this A^l, except- h£,ufes, &.c.
ing fuch debts as concern the building of their meeting-houfes,
which fliall be due from the faid town when divided, or dam-
ages the town may then be liable to pay, fliall be apportioned
and paid by each town in proportion, according to the prefent
valuation ; and all dues and demands, other than thofe which
include the expenfes of meeting-houfes belonging to the town
when divided, fnall hereafter be adjuftcd, divided and paid to
each of the faid towns in proportion, according to the prefent
valuation : And the proceeds of the fales of all the pews on the
lower floors in the two meeting~houfes ftanding on the banks
of the Kennebeck, as alfo the monies voted to complete the fame,
fliall be equally divided between the faid towns after a divifion j
and the monies aiTefled for the building a m,eeting-houle in the
We/l-Pond fettlement, fliall be paid and exclufively appropriated
to that purpofe, and fubject to no demand of the faid town of
Winfow i And the deficiencies of monies which may be due
to the feveral fchool diftridls in the faid town when divided,
Ihall be paid out of the common treafiiry of the prefent town
of Winfoiu.

Sect. 3. And be it further enacled, That all future flate
taxes which may be levied on the two towns aforefaid previous Apportion-
to a new valuation, fliall be afTefled and paid in the proportion ^^^^ °^ future
of two-fifths by the town of Winfoiv, and of tliree-fiftlis by the
town of Waterville.

Sect. 4. And be it further ennaed. That all other property ProviSon rc-
now belonging to the laid town of Winfow, not mentioned in fpeftmg prop-
tiie foregoing fections, ihall be divided between the faid towns ^,!Jaj"^

TitlL meeting.

CAMDEN TURNPIKE.

yung 23, An. 1802.

of Winjloiv and JVaterviUe, in the fame proportions as men-
tioned in the fecond fe£lion of this Adt.

Sect. 5. yind be it further enact ed^ That any Juftice of the
Peace of tlie faid county of Kennebeck be, and he is hereby au-
thorized, upon application therefor, to iffue a warrant directed
to fome fuitable perfon, an inhabitant of the faid town of
TFaterviile, requiring him to notify and warn the inhabitants
thereof, quaUfied by law to vote in town affairs, to affemble at
fuch convenient time and place as Ihall be expreffed in the faid
warrant, to choofe fuch officers as towns are by law empowered
to choofe in the month of March or ^pri/ annually.
[This A£l pafTed June 23, 1802.]

Route
road.

of th<

An ACT authorizing Daniel Barrett to make a Turn-
pike Road over Meguntekook Mountain, in the Town
of Camden, in the County of Lincoln.

„ D^ it enacted by the Senate and Houfe of Reprefenta-

•^ tives, in General Court ajjembled, and by the author-
ity of the fame. That the faid Daniel Barrett be, and he is hereby
authorized to make a turnpike road over Meguntekook Mountain,
in the town of Camden^ by the following route : Beginning at a
birch tree, the boundary line between the plantation of Canaan
and the town of Camden ; thence running fouth, four degrees
eaft, forty-four rods ; thence fouth, fix degrees eaft, forty rods ;
thence fouth, feventeen degrees eaft, fifty-four rods ; thence
fouth, twenty degrees eaft, one hundred and twenty-fix rods ;
thence fouth, thirty-two degrees eaft, fifty-four rods, to the
fouth-eafterly fide of Smelt Brook, fo called, agreeably to the
plan and furvey of the faid road, being about one mile in
length j and that the made way and path for travelling be in
no place lefs than ten feet wide, and where the mountain and
pond will admit to be fixteen feet wide, with eleven places for
turning out, at proper diftances, as marked in the plan and
furvey of faid road, for the accommodation of teams in pafling
over the faid Meguntekook Mountain.

And whereas the travel on the faid road will be inconfider-
able, and the expenfe of making the fame great, and a confe-
quent difproportion of profits compared with other turnpikes,
and it being reafonable that the faid Barrett fhould be indem-
nified for his advances and diflDurfements :

Sect. 2. Be it further enaBed, That the faid Barrett fliall

have liberty to ereft one turnpike gate at the foutherly end of

the faid road, and fliall thereat be authorized to demand and

Toll allowed, receive toll at the following rates, viz. For every foot palTenger,

three cents ; for every man and horfe> eight cents ; for every cart

and

Dimenfions,

CAMDEN TURNPIKE. 7««^ 23, An.1802. 15

and two oxen, tivelve and a half cents ^ for every additional yoke

of oxen, Jhur cents ; for every waggon and team, tiventy cents ;

for every lingle fleigh and horfe, ten cents ; for every fleigh and

two horfes, twelve and a half cents ; for every fled and one yoke

of oxen, twelve and a half cents, for every additional yoke of

oxen, four cents, and every additional horfe, in any conveyance,

tivo cents ; for all neat cattle or horfes, whether lingle or in

droves, one cent for each head ; for flieep and fwine, three cents

for each dozen : And there flaall be conftantly kept in a con-

fpicuous place, and expofed to open view, a fign or board, with

the rates of toll of all the tollable articles fairly and legibly

written thereon, in large or capital characters : Provided how- ProTif*.

£v&r, That faid toll may be commuted with any perfon or per-

fons, by taking of him or them a certain fum annnally, as may

be mutually agreed on, in lieu of the toll aforeiaid.

Sect. 3. Be it further enacled. That if any perfon fliall cut,

break down, or otherwife injure or deftroy the laid turnpike

gate, or the fign board of rates, or any other appurtenance of

the faid gate, or fliall forcibly pafs or attempt to pafs the faid

gates, without having firft paid the legal toll at fuch gate, fuch

perfon fliall forfeit and pay a fine not exceeding ffty dollars nor Penalty for In-

lefs than ten dollars, to be recovered by the faid Barrett, in an junng the gate

, , - . or lorciDiy p3ll*

action of trefpafs or on tlae cafe : And if any perlon with his -^

team, cattle or horfe turn out of the faid road to pafs the turn-
pike gate, and again enter on the faid road, with intent to evade
the toll due by virtue of this Act, fuch perfon fliall forfeit and
pay three times fo much as the legal toll would have been, to
be recovered by the faid Barrett, in an action of debt or on the
cafe : Provided, That nothing in this Adt Ihall extend to entitle
the faid Barrett to demand or receive toll of any perfon who
fiiall be paflSng with his horfe or carriage to or from public
worfliip on the Lord's-day, or with his horfe, team or cattle to
or from his common labour on his farm, or to or from any
grifh-mill, or on the common and ordinary bufinefs of his family
concerns, or from any perfon or perfons pafling on military duty,
or in going to or returning from fchools, town-meetings and
funerals.

Sect. 4. And be it further enacled. That if the faid Barrett,
or the toll-gatherer, or others in their employ on the faid turn-
pike, fliall unreafonably delay or hinder any traveller or paf-
fenger, or fhall demand or receive more toll than is by this
A6t efl;ablill.ed, the faid Barrett fliall forfeit and pay a fum
not exceeding ten dollars, nor lefs thznfve dollars, to be recov- "~ ^^ delay
ered before any Jufi:ice of the Peace of the county where the
offence fliall be committed, by any perfon fo injured, delayed
or defrauded, in a fpecial action of the cafe ; the writ in which
ihall be ferved on faid Barrett feven days before the trial :

And

i6 READFIELD BAPTIST SOCIE. >A2.-23,An.i8o2*

And the faid Barrett fhall be alfo liable to pay all damages that
fhall happen to any perfon from whom toll is demandable, for
any defeft or want of repairs on the faiJ turnpike, and Ihall
alfo be liable to prefentment of the Grand Jury, for not keep-
ing tiie fame in good repair.

Sect. 5. And be it further enaHedy That the faid Barrett
Statements of fhall, within fix months after the fixid road is completed, de-
die expenfe,& polit in the Secretary's office an account of the expenfes there-
income and dif- q£ ^j^j £1-^^11 ^i£q annually exhibit to the Governor and Coun-
burlements, to ., r i • i- • i i •,• r i

be made. "' "^ ^^'^^ account 01 the income or diviclend arilmg irom the

faid toll, with the necefifary annual difburfements on the faid
road, and that the books of the faid Corporation fhall at ail
times be fubjeiTt to the infpection of a Committee, to be ap-
pointed by the General Court, or to the infpeclion of the
Governor and Council, when called for.

Sect. 6. Aful be it further enaaed, That whenever it fliall
Road tobevefl- appear to the fatisfaction of the General Court, that the in-
\vheVtlu: Pro- ^^^^^ arifing from the faid toll fhall have fully compenfated
prretor is in- the faid Barrett for all his expenfes in making and keeping the
«iemuified. faid road in good repair, together with an intereft thereon at
the rate of twelve per centum by the year, the property of the
faid road fliall be thereupon vefted in the Commonwealth, and
be at the difpofal of the Legiflature : Provided^ That if the
faid Barrett ihall neglect to make and complete the faid turn-
pike road for the fpace of four years from the palling of this
Ad, the fame Ihall be void and of no eflecl.

[This A(St paffed June 23, 1802.]

An ACT to incorporate a Number of the Inhabitants
of the Towns of Readfield^ Wintbrop, Hallowell, and
Augii/ta^ in the County of Kmnebeck^ into a Relig-
ious Society by the Name of TbsFirJi Bapfi/i Society
in Readfield.

. q ^ !)£ it enaEled by the Senate and Houfe of Reprefenta*

■^ tiveSf in General Court a/Jl/,ib/ed, and by the author-"

tty of the famey'^Thzt Ebenezer Hetoins, Daniel Day, Daniel NeiV"

Perfons incor. Wrt/;, Jacob Smithy Darnel Cald-iuell, Jofeph Haw, Heman Winf-

porated. lonvy Thomas Allen, Levi Merrill, jun. David Hanan^ Timothy

Brainard, John Shed, Timothy Goldthwait, James Allen, David

Danielsy Jofeph Johtfony John Gage, Francis Fuller, IVillinm

BriggSy Levi Morrilly Jofeph Ricey JVilliam Richard?, JoelWhitey

Johti CummingSy Lemuel Capon, Phinehas Wood, John Evansy

John Bond, James Taylor, Shubael Gage, and John Lane, with

their families and eftates, with fuch others belonging to either

of the towns aforefaid, as have or may hereafter alTociate therr.-

felves

RE ADFIELD BAPTIST SOCIE. June 23, An.1802. 17

felves for the fame piirpofe, in the manner hereafter defcrib-
ed, be, and they are hereby incorporated into a Religious So-
ciety, by the name of The Fi-ji Bapuji Society in Readjie'.d^ with
all tlae powers, privileges and immunities to which other par-
iihes are entitled by the Conftitution and laws of this Com-
monwealth, for religious purpofes only.

Sect. 2. Be it further enabled, That any perfon belonging
to either of the towns aforefaid, who may at any time hereaf- How to be-
ter aftiially become a mem.ber of, and unite in religious wor- f^°"^^f. f, '"^'"*
flaip with the Society aforefaid, and give in his or her name ^-^ society^S
to the town or parilh to which he or ihe belongs, with a cer- Readficld.
tificate figned by the Mlnifter or Clerk of faid Society, that he
or fhe has acftually become a member of, and united in relig-
ious worfl'.ip.with the aforefaid Baptift Society in Readjield^
fourteen days previous to the town or parifn meetings therein
to be held in the month of Alarch or April annually, (hall,
from and after giving fuch certificate, with his or her polls
and cftates, be confidcred as part of faid Society : Provided
however, That fuch perfon fhall be held to pay the proportion
of all money afTeiTod in the town or parifli to which he or flie
belonged previous to that time.

Sect. 3. Be it etiaciedy That if any member of ft^id Bap-
tift Society fhall at any tim.e fee caul'e to leave the fame, and How to leave
unite in religious worihip with the town or pariih in which he '^"^ -ociet7.
or Ihe may refide, and ihall lodge a certificate of fuch his inten-
tion with the Clerk or Miniiler of faid Baptift Society, and alfo
with the Clerk of the town or parilh in which he or fhe may
refide, fourteen days at le aft before the annual town or pariih.
meeting, to be held therein in the month of Alarch or April,
and fliall pay his or her proportion of all money alTeffed on
fiid Society previous thereto, fuch perfon fjiall, from and af-
ter giving fuch certificate, with his or her polls and eftates, be
confidered as belonging to the town or pariih or Society in
which he or fhe may refide, in the fame manner as if he or
ihe had never belonged to the faid Baptift Society.

Sect. 4. And be it further cnacicd. That John Hubbard j
Efq. bej and he is hereby authorized to iiTue a warrant, diredt-
ed to fome fuitable member of faid Baptift Society, requiring
him to notify and warn the members thereof, to m.eet at fuch p;r{i mescins-
time and place as fhall be appointed in faid warrant, to choofe
fuch officers as parKhes in this Commonwealth are by law au-
thorized to choofe in the month of Alarch or April annually.
[This A£l palled June 23, 1802.J

An
Vol. III. C

i8 PRESITMPSCOTT BOOMS. >/i^ 23, An.1802.

An ACT for authorizing the Proprietors of Mills on
Frefumpfcott River to form and keep Booms acrofs
the fame River at certain Places.

„ jyE it cnaEled by the Senate and Houfe of Reprefenia-

•*~^ tives, in Genera/ Court ajfetiibledy and by the author-
Pf oprletors of it^ of the fams^ That the Proprietors and owners of the mills
certain mills on the river Frefumpfcott y on Saccarappa Falls and Frefumpfcott
authorized to ^T^/Zj thereon, flaall rcf'pedlively have authority to form and
p ic& 00ms. j^2jj^{.2jj^ Booms acrofs the fame river in the following man-
ner, that is to fay : That the Proprietors and owners of the
faid mills refpectively fhall and may form and keep Booms
acrofs the fame river, above their refpeftive mills, and as near
the fame as it can convonienLly and ufefully be done j and that
the faid owners fuall alfo have power to form above their re-
fpeftive Booms near their faid mills, one other Boom acrofs the
fame river, and at a diftance from their faid Booms near their
mills, fuitable for the following purpofe, that is to fay : That
their faid upper Booms (hall be fo far from the others, that
room may be had for forming fide Booms to hold all the logs,
nvafts, timber and lumber that is to be detained there tibove
the feveral Booms near the mills, let the fame be more or lefs :
And the frad Proprietors and owners, and anyotlier perfons who
ihall have logs, timber, mafts, or any kind of lumber in the
fame river, and ftopped by the faid Booms, fiiall be obliged to
remove the lame from fuch upper Boom to the fide Booms, or
lome other place, as foon as the fame can be done with all the
force and labour that can be conveniently employed in effect-
ing the fame bufinefs j to the intent that thofe who are about
to carry their logs, lumber or other property in the fame river
further down, may not be unneceffarily interrupted therein :
And tliat the owners of the fame Booms fiiall be holden and
for v^cis rait:, obliged to make a fufficlcnt palfage-way round or through
&c. to be pro- their feveral Booms, which they Ihall open from tim.e to time
vided. as often and whenever any rafts, logs or timber, boats or vef-

fels fliall want a palTage up or down the faid river.

Sect. 2. Be it further enacted^ That the owners and Pro-
prietors of the mills on Saccarappa Fallsy on faid Frefumpfcott
Proprietors River^ and the Proprietors and owners of tne iruUs on Pre^
confidered ^^ f„npfcott Falls, on the fame river, Ihall refpecStively, that is to
mon" 'cvf'^^the f^Y' ^^^ ^^^^ Proprietors and ov/ncrs of all the mills on the falls
Booms. May firft-mentioncd by themfelves, and the Proprietors of all the
hold meetings, mills on the falls laft mentioned by themfelves, iliall be con-
dec. ^ic. fidered as tenants in common of all the Booms by them re-

fpectively formed under this Adl, and may refpo^iveiy unite in
holding meetingsfor directing the eftabiiihraent of fuchBooms,

and

G. BAR. BAPTIST SOCIETY. June 23, An.i8o2» 19.

and fliall have authority at meetings duly notified, according
to the laws for calling meetings of tenants in common, to
choofe agents, and to raife taxes for defraying the expenfes
of forming and maintainijig fuch Booms, (and all other mat-
ters that concern them as tenants in common reipedlively in
the aforefaid mills :) And if any owner or Proprietor of fuch
mills, fliall negleft or refufe to pay his tax within fifteen days
after he is notified of the fame, the Treafurer chofen by the
faid owners and Proprietors feverally, of tlie mills, on the
refpe6\ive falls above-mentioned, fliall have a right to recover
the fame by an action of debt.

Sect. 3. Be it further enacted^ That if any perfon fliall cut, p^rj-,,,,; ^^ i^^
break or injure fuch Boom or Booms, he fliall be punilliedby puniihedfor in-
fine or imprifonment, on conviction thereof in the Supreme juiing th«-
Judicial Court, and by binding to his good behaviour at the ■^'^'^"***
difcretion of the Court : And that the Proprietors and ownert
of the mills on each of the falls aforelaid, fliall be liable to a fine
as a Corporation for not complying with this A6t, at the dif-
cretion of the Supreme Judicial Court, before which convic-
tion fhall be had on prefontment by the Grand Jury : Pro'
vided tieverthelefs. That fuch convicflion Qiall, not be conftrued
to prevent any individual from rccoveiing damages which he
may have fuflained, either by a delay to make a pafTage round
or through any of faid liooms, or by cutting, breaking or de-
flroying any of them without legal juftification.

Sf.ct. 4. And be it further enacted^ That the Proprietors
and owners of faw-mills, on any of the falls on faid Prefump- Otlier Proprie-
fcott River J fliall have power to form Booms acrofs the laid '"[* ^^ i,^^^'
river, for the ufe and benefit of their refpective faw-mills, un- ^^ * *^ ^^^'^
der the fame refu-icUons, rules and obligations, as are granted Booms.
and enjoined upon the Proprietors and owners of faw-mills
on Saccarappa and Prejumpfcott Palis.

[This Ad palled June 23, 1802.]

An ACT to incorporate a Number of the Inhabitants^
of the Town of Great- Bjrrington^ in the County oi.
BerkJhirCy into a diftincl Religious Society, by the
Name of The Firji Baptijl Society in Great-Barrinpon.

c T)P it eriaFlcd by the Senate and Houfe of Reprefenta-

tiveSj in Gemral Court affemhlcd^ and by the authoi'-
ity cfthefavu'y That John Nicholsy Jonas JVickiuire, Si/as Le/ier, Perfons ineo.-.
Jfrael Ho/djidge, Ebenezer Smithy Ifaac D. Lamattcy, Jfah Baher, poiited,
Miles Avery, Alfes Smith, Ezra Chap-nan, Plugh Humphrey,
William Blin, Jefc Smith, Elnathnn Judd, Ji'fuj Detning, Fefius
Ray, Jeremiah Ray, Artemas Ray, Samuel Billings, Seth Morfe,

Aaron

20 G. BAR. BAPTIST SOCIETY. June 23, An. 1 802.

Allison Grahnmi Elijah AndreivSj Lieb Chapman, Jofeph Leard,
Nathan Pa/mer, Nathaniel P:rier^ IViliiam Pattcrjon, jun. Lan-
cajler Comjlock^ Abiel Wedge, Benjamin Prichard, Richard KU bom ^
JLeman Kilbctirn, William Rofs, Ladonvick Gardner, Thomas Rofs,
Thomas Rofs, jun. Zackariah Drejfer, Ezra Drejpr, Jacob Cooley,
Ifaac Tooley^ jfojeph Rhoades, EUjah Kilburn, Abel Hall, Job Hafl,
Ezra Chapman, "jafon Dobey, Phineas Ativood, Pereg/'ue Comjlock,
John Lard, David Patterjln, Z,evi Humphrey, Hezekiah Atwood,
William Ray, together with their families and eftates, together
with fuch others as have or may hereafter alTociate themfelves
for the fame purpofe, in the manner hereinafter defcribed, be,
and they are hereby incorporated into a rehgious Society, by
the name of The I'irjl Baptijl Saciety in Grect-Barrington, with
all the privileges, powers and immunities to which other par-
ifhes are entitled by the Conftitution and laws of this Conv
monwealth, for religious purpofes only.

Sect. 2. Be it further enadled. That any perfon in the town

of Great-Barrington aforefaid, being of the Baptift denomina-

How to leave tion aforefaid, v/ho m,ay at any time hereafter aftually become a

another Socie- mem.ber of and unite in religious worfliip with tlie faid Society,

ty to join this. ^^^ ^^^ j^^ j^j^ ^^ j^^„ j^^j-^^g j-q j-j^g Clerk of the town or pariih

to which he or fhe belongs, with a certificate figned by the
Minifter or Clerk of fuel S<^)ciety, that he or fhe has adtuaUy
become a member of, and united in religious woidiip with the
afort-faid Baptift Society in Barringtm aforefaid, fourteen days
previous to the town or pariih m.eeting therein to be held in
the month of MavLh or April annually, fliall, from and after
giving fuch certificate, with his or her polls and eftates, be con-

P ^ iidered as part of faid Society : Provided ho%vcver. That fuch

perfon fhall be held to pay the proportion of all money afiefled
in the town or pariih to which ha or flie belonged previous to
that time.

Sect. 3. Be it further enncled. That if any memj)er of faid
Baptift Society fliall at any time fee caufe to leave the fame, and

Kow to leave y\xv\\.t in religious worfhip with the parifh in which he may re-
f"' y. ^1^1^^ ^^^ ^-j^^jj ^Qj^^g ^ certificate of fuch his or her iatentioji
with the Clerk or Minifter of faid Baptift Society, and alfo with
the Clerk of the town or pari flu in which he may relide, four-
teen days at leaft before the annual town or parifli meeting to
be held therein in the mOnth of March or April, and fjiall pay
his proportion of all money afTelTed on faid Society previous
thereto, fuch perfon fhall, from and after giving fjch certificates,
with his polls and eftates, be confidei-ed as belonging to the tov>^n
or parifh in which he may reflde, in the ^iwyi^ manner as if he
had never belonged to laid Baptift Society.

Sect. 4. And he it further enaEled, That Barnabas Bidwell,
Efa. be, and he is herebv authorized to iftlie a warranty directed

SCARBOROUGH TURNPIKE. >/;^ 24, An. 1802. jji

to fome fuitable member of fiud Baptift Society, requiring him pjj-fl. rjiectino-.
to notify aiici warn the members thereof, to meet at luch time
and place as Ihall be appointed in laid warrant, to choofe luch
officers as pariihes in this Commomvealth are by law authorized
to chooi'e iii the month of March or April annually.
[This Aa paired June 23, 1802.]

An ACT for eftabliihing a Turnpike Corporation ^^^^''"^"-'^^^^^^^
within the Town of Scarborough.

„ JlE it enacted by the Senate and Houfe cf Keprefenta-

-^ tiveSy in General Court ajfcmhled, and by the author-
ity of the fame y That Robert Sotithgatc,'L{q. JVilliani King, Cyrus
King, Benjamin Porter y Jcfeph Lelandy Hhenc-zer Libhy, Major p j- ■
Jofah Lil/lv, William Thompfony Efq. Reuben Fgg, fames Alarch, porated.
John Waifony Jonathan Libbyy John M. Miliikeny Samuel Milli-
heuy together with fuch others as may hereafter alTociate with
them and their fuccefibrs, Ihall be a Corporation by the name
of The Fitjl Cumbtrlojul Turnpike Cc-poraiiony with all the privi-
leges and powers incident to Corporations, for the purpofe of
laying out, making and keeping in repair a turnpike road in
faid Scarborough y to commence at a bridge near the dwelling-
hcule of Nathaniel MofeSy from thence running acrofs the Upland courfc of the
and marlh, in a fouth-wellerly courte, between the dwelling- road.
houfes of Edward and Jeremiah Milliken, until it meets the
prefent county road, near the faid Edward Alilliien's dwelling-
houl'e ; which turnpike road Ihall not be lefs than four rods Dlmenfions.
wide, and the pr.rt to be travelled on not lefs than twenty-two
feet in width in any part thereof ; and over the whole extent
of the marlh at leali twenty-four feet wide, and fecured with
I'ufficient railing on each Ixde •, and when faid road Ihall be fuf-
iiciently made, and fliall be allowed and approved by the Juftices
of the Court of Sellions of the county of Cumbcrlaudy at any
term thereof, then the laid Corporation fnall be authorized and
empowered to eredt a turnpike gate on the fame, in luch man-
ner and place as ihall be neceffary and convenient j and fliail
be entitled to receive from each traveller and pali'enger the fol-
lowing rate of toll, viz. For every coach, phaeton, chariot and
other four wheel carriage, twenty cents / and for every cart, wag- i^ates of toH.
gon or iled, dravvn by two oxen or horfes,^.v cents, and if drawn
by more tlian two, a further lum of two cents for every fuch ox
or horie ; for every curricle, feventeen cents ; for every ileigh,
drawn by two horfes,^'?A.- cents ; for every chaife, chair or other
carriage, drawn by one horle, fx cents ; for every man and
horfe. Jive ants ; for all oxen, hcrfes or neat cattle, led or
driven, otlier than thoi'c in teams or carriages, one cent and an

half

22 SCARBOROUGH TURNPIKE. >«^ 24, An. 1802.

half each ; for all flieep and fwine, three cents by the dozen, and
in the fame proportion for a greater or lefTer number : Pro-
•u'ldedy That faid Corporation may, if they fee caufe, commute
the rate of toll with any Corporation, perlbn or perfons, by
taking of him or them a certain fum annually, to be mutually
agreed on in lieu of the toll aforefaid : And the Juftices of the
Court of the General Seffions of the Peace in the county of
Cumberland are hereby authorized^ on application from faid
Corporation, to lay out fuch road accordingly ; and the faid
V f 1 hof Co^'po^'itio^ ^"i^a^. be holden to pay all damages which fhall arife
lands arc taken ^o any perfon by faking his land for ihch road, where it cannot
arc to be in- be obtained by voluntary agreement, to be eftimiited by a Com-
dcmnified. mittee appointed by the General Seffions of tlie Peace, faving
to the party the right of ti-ial by Jury, according to a law pro-
viding for the recovery of damages happening by laying out
highways : And faid Corporation fliall alio be hplden to keep
open a fufficient number of fluices or paflage-ways, for the water
above faid-turnpike to flow off, as will prevent the marfh above
from being overflowed, in any degree more than the fame was
liable to before faid turnpike took place.

Sect. 2. A7id be it further enaciedy That if the faid Corpora-
tion, their toll-gatherers, and others in their employ, fhall un-
reafonably delay or hinder any traveller or paflenger at faid
gates, or ihflll demand and receive more toll than is by this A<51:
eftablifhed, the Corporation fhall forfeit and pay a fum not
Penalty for ae- exceeding teti dollars nor lefs than cm dollary to be recovered
eersorexading before any Juftice of the Peace in faid county, by any perfon
illegal toll. injured, delayed or defrauded, in a fpecial action on the cafe ;
the writ in which action fhall be ferved on the Corporation, by
leaving a copy of the fame with the Treafurer, or with two
individual members of faid Corporation living within the comity
aforefaid, or reading the contents thereof to faid Treafurer or
individual members, at leaft feven days before the trial j and
the Treafurer of faid Corporation, or individual members, fhall
be allowed to defend the fame fuit in behalf of faid Corpora-
tion ; and the Corporation fliall be liable to pay all damages
Corporation li- which fliall happen to any perfon from whom toll by this Adl
datnaecsforck-'"^ dcmandable, for any damages which fhall arife from defect
feds of road, of bridges or want of repairs to faid road ; and fliall alfo be
&c- liable to a fine, on prefentment of the Grand Jury, for not keep-

ing the faid road, or bridges thereon in due repair \ and if the
Cafe in which f^i^ road, or any part thereof, fliall be fuftered to be out of
the gate may repair, the Jaflices of the Court of Common Pleas within and
be ordered to £yj. ^^jj county, or a major part of them, or a Committee to be
■^ " appointed for that purpofe by faid Juftices, are hereby author-
ized to oi'der faid gate to be fet open ; the faid Juftices, or their
Committee, having previowfly notified the Clerk of laid Corpo-
ration

SCARBOROUGH TURNPIKE. 7«wf 24, An.1802. 23

ration of comphint having been made of the badnefs of the
road, at Icaft ten days previoirfly to the ordering laid gate to be
let open ; and immediately upon leaving fuch order in writing,
under the hands of laid Juftices, or their Committee, with the
Clerk of the Corporation, the faid gate Ihall be opened, and no
toll fliall be legally demandable or taken thereat, until the laid
Juftices, or their Committee, fhall grant a counter order.

Sect. 3. Jiind be it further enoBed^ That if any perfon fhall
cut, break down, or otherwifc injure or deftroy the faid turn-
pike gate, or ftiall dig up or carry away any earth from faid
road, or in any manner damage the fame, or fliall forcibly pals,
or attempt to pafs the laid gate by force, without having firft paid
the legal toll at fuch gate, fuch perfon fhnll forfeit and pay a fine ycv^tAx.-j for \%r
not exceeding fift'^ dollars nor lefs than ten dollars^ to be recov- juring the gate
ered by the Treafurer of faid Corporation to their ufe, in an or road.
adion of trefpafs or on the c-s.^^ : And 'if any pei-fon with his
team, cattle or horfe, turn out of faid rond to pais faid turnpike
cate, and a-jain enter on faid road, with intent to evade the toll
aforefaid, fuch perfon fhall forfeit and pay tliree tunes lo much
as the legal toll would have been, to be reeovcred by the Treaf-
1»rer of faid Corporation, to the ufe of the fame, in an aftion
of debt or on the cafe : Provided^ That nothing in this Aft
Ihall extend to entitle the laid Corporation to demand and re-
ceive toll of any perfon who fhall be paflina; with his horfe or Exemptions
carriage to or from public worlhip, or with his horfe, team or
cattle to or from his common labour on his farm, or- to or from
any grift-mill, or on the common and ordiuary bufinefs of fam-
ily concerns, or from any perfon or perfor.'S pairing ou onilitary
duty.

Sect. 4. Artd he it furthtr evacledy That the Ihares in faid c,^^^^^ izemci
turnpike road fhall be deeuied and coniidorcd to be perfonal pexfoi-.al eilatc.
eftate to all intents and purpofes, and fliall and may he tranf- ^lo<Je of tranf-
ferable 9 and the mode of transferring faid lliare* ihall be by ^^^^^ ^* ^^
deed, acknowledged before any Juftice of the Peace, and re-
corded by the Clerk of faid Corporation, in a book for that
purpofe to be provided and kept ; and when any lliare flvall
be attached on mcjne procefs^ or taken in execution, an attefted.
copy of fuch writ of attachment or execution (liall, at the time
of the attachment or taking in execution, be left with the
Clerk of the Corporation, otherwife the attachment or takiiig
in execution Ihall be void \ and fuch lliares may be fold on
execution in the fame manner as is or may by law be provided
for making fale of perfonal property on execution, the officer
making the fale or the judgment creditor leaving a copy of
the execution and the officer's return on the fame with the
Clerk of faid Corporation, within fourteen days after fuch fale,
and paying for the recording of the fame, Ihall be deemed and

conlldered

124 SCARBOROUGH TURNPIKE. >;7e 24, An.1802,

conlidered as a fuflicient transfer of fuch fhare or fliares in
the faid turnpike road.

Sect. 5. And be it further enacted^ That the firfl meeting
of the faid Corporation Ihall be held at the houfe of John M.
.ft . Milliken,]xm. innholder in faid Scarbcrcifgh, on the firft Monday
in Auguft next, at two o'clock in the afternoon, for thfe purpofe
of chooling a Clerk, -who Ihall be fworn to the faithful dif-
charge of the duties of his faid office, and fuch other oflicers
as may then and there be agreed upon by the faid Corpora-
Rules to be ef- tion ; and the faid Corporation may then eftablifh fuch rules
tabhihed. j^^d regulations as fliall be judged neceflary for the better
management of i:s affairs ; provided fuch regulations Hiall not
be repugnant to the Conftitution and laws of the Common-
wealth : And the faid Corporation may agree upon a method
for calling future meetings.

Sect. 6. And be it further cnaclcd^ That the faid Corpo-
A ftatcment of ration fhall, within fix mouths afrer the faid road is completed,
\.^A° '^ a" "^ lodge in the Secretary's oince, an account of the expenfes

Driu"'e, and an- f^ - ' , r . ,

nuarreccipts & thereof ; and that the Corporation fliall annuidly exhibit
difburfcments to the Govexnor and Council, a true account of the income or
to be made, dividend arlling from the iiiid toll, with their neceffary annual
difburfcments on faid road ; and that the books of the faid
Corporation Ihall at all times be fubjeft to the infpe^Slion of a
Committee to be appointed by the General Court, or to the
infpedtion of the Governor and Comicil, when called for.

Sect. 7. And be it further enaBed^ That whenever any
Proprietor fhall neg!c<^ or refufe to pay any tax or affeilmebt
duly voted and agreed upon by the Corporation, to their
Treafurer, within fixty days after the time fet for the payment
Shares oFdelin- thereof, the Treafurer of the faid Corporation is hereby au-
quent ^'''"P"'^'" thorized to fell at public vendue, the Ihare or Ihares of fiich
* delinquent Proprietor to fuch an amount as fliall be fuffi-
cient to difcharge faid taxes and necelTary incidental charges,
after duly notifying in the newfpapers printed in Portland^
tlie fum due on any fuch fhares, and the time and place of
fale, at lealt thirty days previous to the time of fale ; and fuch
falc Ihall be a fufHcient transfer of the fliare or fhares fo fold,
to the perfon purchafing the fame 5 and on producing a cer-
tificate of fuch fale from the Treafurer to the Clerk of the
faid Corporation, the name of fuch perfon, with the number of
fhares fo ibid, fliall be by the Clerk entered on the books of
the f lid Corporation, and fuch perfon fliall be confidered, to
all intents and purpofes, the Proprietor thereof, and the over-
plus, if any there be, fhall be paid on demand by the Treafu-
rer to the perfon whofe fhares were then fold.

Sect." 8. And be it further eiiaSled., That the faid Corpora-
tion fhal), at all places where the faid toll fliali be colleded, erecft

and

DUCK-TRAP BRII3GE. yune 24, An.iBoi, ij

and keep conftantly expofed to view a fign or boat-d, with the sign-board to
i-ates of toll of all the tollable articles fairly and legibly written be eredled.
thereon, in large or capital letters.

Sect. 9. j^fid he it further enacted, That the General
fcourt may diflblve faid Corporation whenever It fliall- appear may'be di'flblv-
"to their fatisfa<Stion, that tiie income arifing from the faid toll ed when jn-
ftiall have fully compenfated the faid Corporation for all mon- demnificd,with
ies they have expended in purchafmg, repairing and taking "^''" > '*'••
care of the faid road, together with an intereft thereon at the
rate oitnuehe per centum by the year ; and thereupon the prop-
erty of the faid road Ihall be vefted in this Commonwealth,
and beat their difpofal : Provided, That if the faid Corporation
{hall negle6l to complete the faid tvirnpike road for the fpace
of four years from the paffing of this Aft, the fame fliall be void
and of no efieft.

^This Acl palTed June 24, 1802.]

An ACT to authorize George U/mer to build a Toll Addrt;onaiA<ai
Bridge at Lincohivi/le, in the County of Hancock. ^g^^^ '^»

WHEREAS a Bridge over the place called Duck-Trapy ~ , .
iii the town of Lincolnville, in the county of Hxncock,
Would be of great public utility, and requires legiflative en-
couragement to enable the projectors to profecute their under-
taking to efFedl :

Sect. i. Be it enaBed by the Senate and Houfe of Reprefenta-
tives, in General Court affemhled, and by the authority of the fame ,
That George Uimer, together with thofe who have or may
hereafter aiTbciate with him, be, and they are hereby author-
ized to build and maintain a Bridge over and at a place called
Duck-Trap, in the town of Lincolnville, in the county of Han-
cock ; and for that purpofe fiiall have all the powers and priv-
ileges incident to Corporations for building bridges, by the
hame and ftyle of The Proprietors of the Duch-Trnp Bridge ,- and Corporate
by that name may fue and be fued, defend and be defended, "^™^'
profecute and be profecuted to final judgment and execution ;
and do and fuffer all fuch matters and things as Bodies Politic
may or ought to do and fuffer.

Sect. 2. ^nd be it further enaBed, That the f lid Bridge
fhall be well built, of fuitable materials, a.t leaft twenty feet Dlmemlons,
wide, with fufficient rails on each fiJe, and xnth planking or ^^a^rialsoftho
boarding three feet high from the floor of faid Bridge for the ° '
fafety of paiTengers ; and the whole fhall be kept in good, Bridge to be
fafe and paffable repair : And if the faid Proprietors fhall un- ^^P' '^ repair,
reafonably negleft to keep the faid Bridge in good repair as

aforefaid,

Vol. 111. t>

26 DUCK-TRAP BRIDGE. June 24, An.iSo2.

aforefaid, on fuch neglect being made to appear to the Court
of General Seffions of the Peace, for the county of Hancocht
it (hall be in the power of the faid Court to prohibit the
Proprietors aforefaid from receiving toll from any perfon or
perfons pafllng the faid Bridge, until it is by them put into
fuch repair, as fliall be deemed fufficient by the faid Court :
And the faid Proprietors Ihall be liable to pay all damages,
which may happen to any perfon from whom the toll is de-
mandable, for any damage which fliall come from any defe^
or want of repair in the faid Bridge, upon a preferment of
the Grand Jury of the faid county.

Sect. 3. And be it further ntaMeil, That for the reimburfing
to the faid Gorge Ulnier and his aflbciates, the monies they
may expend in building the faid Bridge, and keeping the fame
in reoair, a toll is hereby granted and eftablifhed for the fole
benefit of the faid George Uliner and his aflbciates, according
to the following rates, viz. For each foot paflenger, three cents ;
Toll; eftabliih- for each man and horfe, ten cents ; for each horfe and chaife,
^^ fulkey or riding chair, tiventy cents; for each fleigh or fled, wag-

gon or cart, drawn by one bead, twelve and an half cents ; for
each fleigh, fled, waggon or cart, drawn by two beafts, fifteen
cents ; and if drawn by more than two beafts, an additional
fum of thvee cents for each beafl: ; for neat cattle llngly or in
droves, two cents each j and for flieep or fwine, one cent each ;
and to each team one perfon and no more ihall be allowed as
a driver to pafs free from toll : And at all times when the
toll-gatherer Ihall not attend his duty, the paflenger or car-
riage may pafs free of toll : And the faid toU ihall commicnce
on the day of opening the faid Bridge for paflcngers, and fhall
continue for and during the term of forty years, at the end
of which time the h\d Bridge fliall be delivered up in good
.A ftatement of j-gpair, to be at the difpofal of the Legiflature : Provided al"
Brldfff a^n/oH^'^y-^, That at the time of opening the faid Bridge, the Pro-
thc receipts & prietors and their fucceflbrs Ihall caufe a true and jufl: account
Jllburfements ^f ^hg expenfcs thereof, and alio at the end of every three
•0 be exhibited. ^,^^^.g afterwards a jufl: and true Account of their receipts and
difl:>urfements, to be depoflted in the oflice of the Secretary
of this Commonwealtii ; and that when ten years have elapfcd
from the date of this Aft, the Legiflature may regulate anew the
rates of toll receivable at the laid Bridge : And the faid Proprietors
Ihall conil:antly keep in a conlpicuous place, and fairly expofed
' to view, a fign or board, with the rates of toll of all the tolla-

ble articles, legibly written thereon in large or capital charac-
ters : Provided hciuevefy That the faid toll may be commuted
with any Corporation, perfon or perfons, by taking of him or
them a certain fum annually, as may be mutuaUy agreed on,
in heu of the toll aforefaid.

Sect. 4. And be it further enaEleA^ That nothing in this
Aft ihall extend to entitle the faid Proprietors to demand or

receive

KENNEBECK, &c. TURNPIKE. June 24, An. 1 802. 27

receive toll of any perfon who fliall be jiaffing with his horfe Exemptions
or carriage, to or from public worfliip on the Lord's day, or from toll,
with his horfe, team or cattle to or from his common labour
on his farm, or to or from any grift mill, or on the common
and ordinary builnefs of his family concerns ; or from any
perfon or perfons paffing on military duty, or in goijrig to or
returning from fchools or town meetings.

Secf. 5. And be it further enaSed^ That ifthefald George
Ulmery and his aflbciates, fliall n^glecl or refufe, for the fpace jf B^ridtTisTo:
of four years, to build tlie faid Bridge, tken this Act fhall be built in 4 years.
void and of no etfecl.

[This A6t pafled JuMe 24, 1802.}

An ACT to eftablifh the Kennebeck and Penobfcot Turn-
pike Corporation.

Sect

D E it enacted by the Senate and Haufe of Rcprefenta-
■'■'^ fives y in General Court ajjittjbledy and by the author-
ity of the famCy That Henry Kncx, David Cob-Jy, Jonathan H. r'erfo.is mcor-
Broiun, John Lee, Caleb Brocks Hall, Daniel Buck, Jotham P"'^'^'^'
Moulton, Afa Peabody, Stephen Peabody, Thomas S. Sparha^vk,
John Benfon, Stephen Badger, Jofeph Lee, James Ginn, Daniel
Ginn, Joflnia Ginn, Samuel Keyes, jun. Jonathan Buck, Benjumin
Buck, and Samuel Lee, together with fuch others as may here-
after aflbciate with them, and their fuccefTor^, be, and they
are hereby conftituted a Corporation by the name of The Firjl
Maine Turnpike Corporation ; and Ihall by that name fue and
be fued, and ihall Jia\*e a common feal, and ufe and exercile
all the powers and privileges which are hereinafter mentioned,
for the purpofe of laying out and making a turnpike road from
Harriman's Ferry, in the town of Profpecl, on Penobfcot River, Route of the
to the Kennebeck Bridge, in AngnJJa, and for making and keep- J!"**^' «^'"^«"-
ing the fame in repair ; which road fliall not be lefs than four '°"*' ^'
rods wide, and the path to be travelled in not lefs than twen-
ty-two feet wide, in any place ; and that when the faid turn-
pike road fhall be fufficiently made and approved of by a Com-
mittee appointed by the Court of General Seffious of the
Peace for each of the counties of Kennebeck and Hancock for
that purpofe, [Provided, That no ip.ember of either of faid
Committees {li.dl have any fliare or intereft in the faid turn-
pike, and Ihall judge only of the portion of faid turnpike in
the counties in which they reflde,) then the faid Turnpike
Corporation (hall be authorized to ereft turnpike gates on the i-eiled*°at ^ \o
faid road, at fuch places as the faid Committee of the faid miles dlftaact.
Court of Seflions and the faid Corporation Ihall judge necelTary
2nd convenient for collecting the toil ; the faid gatesto be not lefs

than

28 KENNEBECK, &c. TURNPIKE, June 24, An. 1802,

than ten miles diftance from each other ; and fhall be entitled
to receive of each traveller or paffenger, at each of the faid.
gates, the following rates of toll, viz. For each coach, phae-
ton, chariot or other four wheeled carriage, drawn by tv/a
Ton eftabllfk- horfes, tivent^-Jive cents f-zud if drawn by more than two horfes,
^* an adtiitional fum of four cents for each horfe ; for every cart

or waggon, drawn by two horfes or oxen, fen f^«/j-,— and if
drawn by more than two oxen or horfes, an additional fum of
three cents for each ox or horfe ; for every curricle, fifteen
cents : for every chaife, chair or other carriage, drawn by one
horfe, twelve cents ,- for every man and horfe, fix cents ; for
every fled or fleigh, drawn by two oxen or horfes, eight centSy-^
and if drawn by more than two oxen or horfes, an additional
fum of two cents for each ox or horfe ; for every fled or fleigh
drawn by one horfe, _/o?^r cents .• for all horfes, mules, oxen or
neat cattle, led or driven, befides thofe in teams or carriages,
one cent each ; for all fheep or fwine, at the rate of three cents
for one dozen : Provided^ That faid Corporation may, if they
fee caufe, commute the rate of toll with any Corporation, per-.
fon or perfons, by taking of him or them a certain fum annu-
ally, to he mutually agreed on, in lieu of the toll aforefaid.
Sect. 2. And be it further emiSiedi That the faid Corpora-
(Torporation al- ^jon may purchafe and hold land over which they may make faid
land^ InA^lt ^°^'^ ' ^"^^ ^^^^ Juftices of the Court of General Seffions of the
foils ' whofe Peace in the counties of Kemiebcck and Hancock are hereby au-
land may be thorized, on application of the faid Corporation, to lay out the
taken are to be ^^j^j road, or any part thereof, within the faid counties oi Ken-;
cpHiptnu e fjgi.g^}^ amcl Hancocky as with the confent of the faid Corporation,
they fhall think proper : And the faid Corporation fhall be
liable to pay all damages that fliall arife to any perfon by tak-.
ing his land for fuch road, where the fame cannot be obtain-
ed by voluntary agreement, to be efllmated by a Committee ap-
pointed by the Court of General Seffions of the Peace of the.
county wherein the faid land lieth, faving to either party the
right of trial by jury, according to the law which makes pro-
vilion for the recovery of damages ariflng from the laying out
of highways.

Slct. 3. And he it further enaBed, Tliat if the faid Corpo-
ration, or their toil-gatherers, or others in their employ, fliall
unreafonably delay qr hinder any traveller or pafl'cnger at eir
ther of the faid gates, or fliall demand or receive more toU
than is by this Aft eflabliflicd, the Corporation fliall forfeit
Psiiaky for de- ^j-jj p^^y .^ '^x^va. not exceeding ten dollavSy nor iefs than iiuo dol-
cer's"or''exa^^- ^'"'■'■' "^^ '^^ recovered before any Juftlce of the Peace of the
ing illegal toll, county where the offence fliall be committed, by any perfon
injured, delayed or defrauded, in a fpecial aclion of the cafe 5
the writ in which fliail be ferved on the faid Corporation by

Uaving

KENNEBECK, &c. TURNPIKE. June 24, Ar\,i^o2. 1*9

leaving a copy of the fame with the Treafurer, or with fome
individual member Uving in the county where the aclion may
be brought, or by reading the fame to the faid Treafurer or in»
dividual member, at leaft feven days before the trial : And
the Treafurer of the faid Corporation or individual member
fhall be allowed to defend the fame lixit in behalf of the faid
Corporation : And the faid Corporation fhall be liable to pay Corporation t«
all damages that Aiall happen to any perfon from whom the ^^^^ ^^ dd[c&
toll is demandable, for any damage which fhall arife from de- of bridg(i».
fedl of bridges or want of repairs in faid way •, and fliall alfo
be liable to prefentment by the Grand Jury for not keeping
the fame in good repair.

Sect. 4. And be it further enacledy That if any perfon.
fhall cut, break down, or otherwife injure or deflroy either of
the faid turnpike gates, or fhall dig up or carry away any earth
from the faid road, or in any manner damage the fame, or fhall
forcibly pafs or attempt to pafs the faid gates by force, without
having firft paid the legal toll at fuch gate, fuch perfon fhall for-
feit and pay a fine not exceeding ten dollars^ nor lefs than Jive P«n»^ty for in-
dcl/ars, to be recovered by the Treafurer of the faid Corporation or'^'^J^d o^^'*^'
to their ufe, in an a£lion of trefpafs or on the cafe : And if any tempting fotti
perfon with his team, cattle or horfe, turn out of faid road to t>ly to pafs,
pafs any of the turnpike gates, and again enter on the faid road,
with intent to evade the toll due by virtue of tl^is Aft, fuch per-
fon fhall forfeit and pay three times fo much as the legal toll
>vould have been, to be recovered by the Treafurer of the faid
Corporation to the ufe of the fame in an aftion of debt or on
the cafe : Provided^ That nothing in this A61 fhall extend to en-
title the faid Corporation to demand and receive toll of any per-
fon who fhall be palling with his horfe or carriage to or from Excmptionj
public worfliip, or with his horfe, team or cattle to or from Jais ^'^°'" "^^
common labour on his farm, or to or from any grifl-mill, or on
the common and ordinary bufinels of family con^ ^rns j or from
any perfon or perfons pafling on military duty,

Sect. 5. And be it further e:ia5ledy That the fhares in the Sliares deeme4
fam_e turnpike road fliall be taken, deemed and confidered to be P^rfonal eftato.
perlbnal ellate, to all intents and purpofes, and fhall and may be fer^and'attadi^
transferable ; and the mode of transferring faid (hares fhall be nient.
by deed, acknowledged before any Juflice of the Peace, and re-
corded by the Clerk of the laid Corporation, in a book for that
purpofe to be provided and kept : And when any fhare fhall be
attached on mcfie proccfs^ or taken in execution, an attefled copy
of fuch writ of attacliment or execution fhall, at tlie time of the
attachment or taking in execution, be left with the Clerk of the
Corporation, other^\i^e the attachment or taking in execution
fhall be void j and Inch fhares may be fold on execution in the
fame mahncr as is or may by law be provided for making fale of

pcrfonal

30 KENNEBECK, &c. TURNPIKE. June 24, An. 1802.

perfonal property on execution: And the officer making the
fale, or the judgment creditor, leaving a copy of the execution
and the officer's return on the fame, with the Clerk of faid
Corporation, within fourteen days after fuch fale, and paying
for the recording of the fame, fhall be deemed and considered
as a fufficient transfer of fuch fhare or fhares in the faid turn-
pike road.
Firft meeting, Sect. 6. And he it further enaEied^ That the firft meeting of
^'^hr(h%'° ^^ '^^ ^'^^^^ Corporation fhall be held at fuch time and place as
fhall be agreed on by the m.ajor part of the Proprietors,
for the purjx)fe of cboofing a Clerk, who fliall be fworn to the
faithful difchargc of the duties of his faid office, and fuch other
officers as may then and there be agreed upon by the faid
Corporation : And the faid Corporation may at the fame time
eftablifh fuch rules and regulatioiis, as fliall be judged iieceffary
, for the well ordering of its atiairs ; and alfo to agree upon a
jnethod for calling future meetings : Provided hoioeveri That
fuch rules and regulations fhall in no cafe be repugnant to the
Conilitution and laws of thk Commonwealth.

Sect. 7. A>-:d be it further ennBed, That tlie faid Corpo-
ration fhiall, within fix months after the faid road is completed,
the eoii of the lodge iQ the Secretary's office an account of the expenfes there-
Bridge & an- of ; and th it the faid Corporation fliall annually exhibit to the
nwal receipts & Governor and Coiuicil, a true account of the income or divi-
to^bf nS' ^^"^ -^rx^-^^g from the laid toll, with their necefTary annual dif-
burfements on faid road ; and that the books of the faid Cor-
poration fhall at all times be fubje£l to the infpedlion of a Com-
jnittee to be appointed by the General Court, or to the infpec-
tion of the Governor and Council when called for.

Sect. 8. And be it further enacted. That whenever any
Proprietor fliall neglecl or refufe to pay any tax or afTeffinent,
dmy voted and agreed upon by the Corporation to their Treaf-
urer, within flxty days after the time fet for the payment there-
of, the Treafurer of the faid Corporation is hereby authorized to
gharesofdehn- jgjj 2t public vendue, the fiiare or f hares of fuch delinquent
b>rs to be fold. Proprietor, one or more, as fliall be fufficient to defray the faid
taxes, and neceilary incidental charges, after duly notifying in
the newfpaper printed at Hnllowdl, and in that printed at Cajline-,
and in cafe there fhall be no newipaper printed in thofe places
at the time, then in the newfpaper at fuch place as fhall be the
jiio-heft to the faid turnpike road, the fum due on any fuch
Ihares, and the time and place of fale, at leafl thirty days pre-
vious to the time of fale ; and fucli fale fliall be a fufficient
transfer of the fliare or fnares fo fold, to the perfon purchafing
the fame ; and on producing a certificate of fuch fale, from the
Treafurer to the Clerk of ihe faid Corporation, the name T)f
fuch purchafer, with the number of fhares fo fold, fhall be by

the

FOURTEENTH MASS. TURNP. June 24,An.i8oci. 31

the Clerk entered on the books of the faid Corporation, and
fuch perlbn fliall be conlidered to all Intents and purpofes, the
Proprietor thereof •, and the overplus, if any there be, fhall be
paid on demand, by the Treafurer, to the perfon vrhofe ihares
were then fold.

Sect. 9. And he it fm-ther ennBed, That the faid Corpora-
tion flvall, at all places where the faid toll (hall be colletSled, „. , ,
ereft and keep conitantly expoied to view, a lign or board, with i,c ercifted,
the rates of toll of all the tollable articles fairly and legibly
written thereon, in large or capital characters.

Sect, id. And he if further 'naSIed,Th?Lt the General Court Corporation
may diflblve the faid Corporation, wlienever it fliall appear to may be diiToIv-
their fatisfaftion, that the income ariling from the faid toll fhall ^'^ when in*
have fully compenfated the faid Corporation for all monies fn™"ft*&c."^
they may have expended in purchaflng, repairing and taking
care of the faid road, together with an intereft thereon, at the
Tate o( iiuelve per cent, by they e^rTyZnd thereupon the property
of the faid road ilnall be veiled in this Commonwealth, and be
sU: their di^ofal : Provided, That if the faid Corporation Ihall
negleft to complete the faid tuiyipike road, for the fpace of ^e\cn
years from the pafling of this A£l, the fame fliall be void and
of no effect.

[This A£t paffed JsAHe 24, 1802.]

An ACT in addition to an Act, entitled, " An A<51 to Marck 1.1,
eftablifh the Fourteenth Majfachufetts Turnpike Cor- i^oi.
poration."

c TyE it ennBed by the Senate and Houfe of R^prefenta-

-^ tives, in General Court aj/ewh/ed, and hy the a:tthor~
ky of the fame, That when the bridges aerofs Deerfeid River,
which are mentioned in the A<St aforefaid, ihall be built and
approved by the Committee, provided by faid Act to approve
the road therein mentioned, then the faid Turnpike Corpora-
tion may erect a gate at each of faid bridges, for coUeClijig ^^^jj e{{aj,|;ft.
toll, and Ihall be entitled to receive of each traveller or paflen- cd at the
ger, at each of faid gates, the following rates of toll, viz. For Bridges.
each coach, phaeton or chariot, or otli^r four wheeled
carriage drawn by two hories, fixteen cents, and if drawn bj
more than two horfes, an additional fum o^ three cents (or each
liorfe ', for every cart or waggon, drawn by two horfes or ox-
en, eight cents, and if drawn by more than two horfes or oxen,
an additional fum of two cents fof each ox or horfe ; for every
curricle, ten cents ; for every chaife, chair or other carriage
drawn by oae horfe, eight cents ; for every man and horfe, three
cents : for every fled or lleigh, drav/n bv two horfes or oxen,

34 MAHBLffiEAIi ACAMmY. >«. 31, An.1803.

ftx centSy and if drawn by more than two oxen or horfes, an

additional fum of iiuo cents for each Iwrfe or ox ; for every

fled or fleigh drawn by one horfe, five cents ; for feach foot

pafTenger, c?2e cent ; for all horfes, mules, oxen or neat cattle^

led or driven, befides thofe in teams and earriages,o«f cefH each;

and for all fheep or fwine, at the rate of three cents for one

dozen.

l*fovifiQri re* Sect. 2. Be it further etiaBedf That the exemptions pro-

fpcaing ex- vided by the fourth fedion of the Adt aforefaid, fhall not

wnptions. extend to exempt any perfon from the payment of toll at the

gates which may be eredled at the bridges aforefaid.

Sect. 3. Be it further ena&edy That fo much of the firft

^ew diredlion fe^lion of the AOi aforefaid, as requires that a part of faid road

*"^^P'^^'"S a {hall be laid otlt and made in a direct line from Green River^

:^ fo called, to the fouth fide of the dwelling-houfe of Solomon

Smead, Efq. be, and hereby is repealed ; and that part of the

road aforefaid (hall be laid out and made fo as to pafs by the

mofl convenient route from Green River afotefaid, between the

barn and the aforefaid dwelling-houfe of Solomon Smeady Efq.

[This A6t paiTed June 24, 1 802.]

An ACT in addition to the Act, pjtfTed In the Year*
^ov. 17. of our Lord One thoufand feven hundred and

ninety-two, entitled, *' An Ad to eftablifh a Cor-
poration by the Name of The Trujiees cf the Mar-
ble head Academy.'*

q T)E it enabled by the Senate and Houfe of Reprefenta*

'-' tivSSy in General Court ajfembledy and by the author*

ity ofthefatne, That the Corporation called The Trufiees of the

4omember$al- Marblehead Academy may confift of twenty members, exclufive

Ifewed. of the Preceptor of the Academy ; any thing in the A£l to

eftablifh that Corporation notvithilianding : And the faid Truf-

tees, and tlieir fucce'irors, from time to time, as they fhall fee

eauie, in any meeting duly convened for the purpofe, may elect

other Truftees, not exceeding that number in the whole.

rSECT. 2. AtiA be it further enabled, That the faid Truftees,
and their fucceflbrs, in any meeting duly convened for the
b^!rr ff !r^^ purpofe, may difmifs from their Corporation any member who,
by a change of refidence or otherwife, fhall become, in the
opinion of the majority of the Trufiees for the time being, dif-
qualified for the truft, and fhall theretipon ele6t in his place
another Truftee.

Sect. 3. u4nd be it further enaEledy That the proceedings
of the Truftees of the Marblehead Academy^ in the election of
the tlev. James Bowers, Rev. Samuel Dana, Dodtor John

Drury,

PEPPERELL, &c. Feb. 3, An. 1803. 33

Druryy Captain Jofeph Wilfotty Captain Robert Hooper, jun. and Tj^g ^\^^\q^ of
Captain William Hooper, to be Truftees and members of that certain Truf-
Corporation, (hall be, and are hereby confirmed and rendered ^««5 confirmed,
valid i any thing which may be fuppofed to the contrary hereof
in the A£l aforefaid notwichftanding.

[This A<ft pafled January 31, 1803,3

An ACT to fet off a certain Parcel of Land from the
Town of Pepperell, in the County of Middlefex, and
to annex the fame to the Town of Groton^ in the
fame County.

D-£ it enaEied by the Senate and Houfe of Reprefentatlvesy in
^ General Coztrt cjfembied, and by the authority of the fame.
That a certain traft of land, bounded, beginning at the end of
a wall by the road leading by Zachariah Fitch's, in faid Grot on ;
thence running eafterly, by land of Jonas Fitch, to the Najlma
River, fo called ; thence up faid river to faid road, near the
bridge over the fame river j thence bounding by the fame road,
to the bounds firft mentioned, containing four acres and twenty
rods, be, and hereby is fet off from faid town of Pepperell and
annexed to faid town of Groton forever.

[This A(St palTed February 3, 1803.]

An ACT to incorporate the Owners of certain Lands
in the Town of Longnieadow, in the County of
Hampjhire, for the Purpofe of managing the fame
as a Common and General Field.

Sect.

'DE it enabled by the Senate and Houfe of Iteprefenta-
■^ tives, in General Court ajfembled, and by the author-
ity of the fame. That all that trail of land lying in the town of
Longmeadoiv, included within the following bounds, be, and
hereby is made a common and general field, viz. Beginning on Boundaries of
ConneSIiciit River, near the north end of faid town, at die mouth land incorpora-
of the brook called Cooky's Brook ; from thence running eaft- ""i*
wardly on faid brook to the weft end of the enclofures called
The Ponds ; thence fouthwardly, in the line of the fence on the
weft end of thofe enclofures called The Ponds, Muxmeadoivs,
and Necejfities, to the foot of the hill on the fouth end of the
general field ; thence weftwardly, by the foot of faid hill, to
Conneciicut River ,- and the Proprietors of the faid lands, lying
within the faid bounds, their heirs and afligns, be, and they are
hereby incorporated, and invefted with all the powers and priv-
ileges
Vol. IIL E

34 SANDISFIELD EPISC. SOCIETY. Feb, 3, An. 1803.

ileges with which the Proprietors of common and general fields
are invefted.

Sect. 2. Afid be it further enaBedy That an A£l, pafTed
the twenty-third day of February, one thoufand feven hundred
and ninety-eight, entitled, *< An Adl for incorporating the
owners of certain lands in Longmeadow, in the county of Hamp-'
^^T ^^^^' JJ^ir^i for the purpofe of managing the fame as a Common and
General Field," be, and the fame is hereby repealed.
fThis A6t palTed February 3, 1803.]

An ACT in addition to an A<^, entitled, " An Ad
to incorporate a Number of Inhabitants of the
Town of Sandisfield^ in the County of Berk/hire,
into an Epifcopal Society."

TiE it eriaBed by the Senate and Honfe of ReprefentativeSy in
-*-' General Court ajjembled, and by the authority of the fame.,
That any perfon belonging to the towns of Netv-Marlborough
and Tyringham, and the diftricls of Southfeld and Bethlehem, and
the town of London, in the county of Berkflnre, being of the
Epifcopal denomination, and who fliall unite in religious wcr-
ihip with faid Society, and ihall leave a certificate, figned by
the Minifter or Clerk thereof, with the Clerk of the religious
Society to which he belongs, fourteen days previous to the
aimual meeting of faid religious Society, to be holden in the
months of March or April, that he or Ihe has adlually become
a member of and united with faid Epifcopal Society, fuch perfon
ihall, from and after giving fuch certificate, be confidered, to-
gether with his or her polls and eftate, as belonging to faid
Epifcopal Society : Provided however. That fuch perfon fhall
pay his or her proportion of all monies that fliall have been
previoufly voted in the Society to which he or flic belongs.
[This Aft pafied February 3, 1803.]

An ACT to iHCorporate Oliver Wendell, and others,
together with the Overfeers of the Poor of the
Town of Bo/ion for the Time being, by the Name
and Title of The Truftees of John Boylfion^s Charitable
Donations, for the Benefit and Support of aged poor
Ferfo7is, and of Orphans and deferted Children,

c_ ,_ . 'DE it enaEled by the Senate and Houfe of Reprefenta-

■^ fives, in General Court ajfeinbled, and by the author-

Peribns mcor- ^Xv of the fame, That Oliver Wendell, William Cooper, Ebenezer

I)©rated. ^torer^ and William Smithy all of Bojlon, and John Pitts, o

Tyngsborougk

J. BOYLSTON's DONATIONS. Feb. 3, An. 1803. 35

Tyngsborough, in the county of Middle/ex^ Efquires, and the
furvivors and furvivor of them, together with the Overfeers of
the Poor of the town of Bojlon for the time being, and their
fucceflbrs ; and after the deceafe of the faid Oliver Wendell,
William Cooper^ Ebenezer Stcrer, William Sfjiilk, and John Pitts,
the faid Overfeers of the Poor of the town of B^on for the time
being, and their fucceflbrs forever, be, and they hereby are
incorporated into a Body Politic, by the name and title of The
Trujlees of John Boyljlou's Charitable Donatl-Ais, for the Benefit
and Support of aged poor Perfonsy and cf Orphans and deferted
Children^ and by that name and title fliall have perpetual fuc-
Geflion.

Sect. 2. And be it further enaEiedy That all the bequefts,
deviles and donations made and granted by John Boyljlon^ late
of Bathy in the kingdom of Great-Britainy deceafed, for the
purpofes above-mentioned, be, and they hereby are vefted in
the faid Corporation, to be held and difpofed of by them con-
formably to the direftions of the faid will : And the faid Cor-
poratlon fliall infert among their records a copy of this Aft, and (j,g claufes of
alfo of all the claufes of the faid laft will and teftament which the will to be
have relation to the faid two feveral charitable donations, for recorded,
the benefit of aged poor perfbns, and for the fupport of orphans
and deferted children •, and in the management and difpofal of
the funds granted in faid will, the faid Corporation fhall con-
form to, and be governed by the diretSlions therein contained.

Sect. 3. And be it further enaEledy That the faid Corpora-
tion fhall have a perpetual f'uccefllon, by the name and title
aforefaid, to fue or be impleaded j to purchafb and hold lands
or other real eftate, not exceeding the value of three thoufand Amount of re-
dollars by the year ; to hold perfonal eftate not exceeding the "^^^^ ^" S
value of fixty thoufand dollars ; and to manage, leafe, bargain niay be held,
and fell, or otherwife difpofe of all or any part thereof, fubjeft
to the directions of the faid will ; and to do all acls »s natural
perfons may do, as the faid Corporation from time to time fhall
judge beft, to carry into effeft the charitable intentions of the
faid will : And the real or perfonal efcate which the faid Cor-
poration are hereby empowered to hold, fhall not be confidered
as part of that which the Overfeers of the Poor of the town of
Bofion are already empowered by their former A<fl: of incorpo-
ration to hold, but as altogether diftinct and feparate from the
fame.

Sect. 4. Be it further enacledy That the faid Corporation
flrall have a common feal, with pov»'er to break and alter the
fame-, and laid Corporation is hereby authorized to make by-^,J*^^jje J^j
iaws, and private ftatutes and ordinances, not repugnant to the officers choftn.
laws of the land, for the better government of faid Corporation
,-jnd its finances •, to choofe a Tre?Jurer, Clerjk and other fub-

ordinate

Sect.

36 SUFFOLK COURT-HOUSE, &c. Feb.s-7,An, 1803.

ordinate officers, as from time to time fiiall be found neceflarv,
and all or any of them again at pleafure to difplace.

Sect. 5. And be it further enaEled, That all inftruments
which faid Corporation fhall lawfully make by the name afore-
faid, and fealed with their common feal, and all acls done, or
Th doln 8 to "^^^^^^^ pafTed upon by the confent of a major part of the mem-
be valid in law. ^srs of faid Corporation, fliall bind the laid Corporation, and
be valid in law.

[This Aft palTed February 3, 1803.]

An ACT to authorize the Juftices of the Court of
Seflions for the County of Suffolk^ to purchaie a
Lot of Land whereon to build a new Court-Houfe.

T)E it enoBed by the Senate and Houfe of Reprefenta-^
■^ tives^ in General Court ajfemhled^ and hy the author-^,
ity of the fame ^ That the Juftices of the Court of General Sef-
fions of the Peace for the county of Suffolk be, and they are
hereby authorized and empowered to purchafe, or caufe to
chafed.^ ^^^^ ^^ purchafed, a fuitable fpot of land, contiguous to the land
now belonging to the faid county in Bofon, on v/hich the
county buildings now {land, convenient to ereft a new Court=
Houfe thereon.

S^iCT. ?. ^nd be it further enaEled^ That ShearjaJImb Bourny

Names of William Domiifon^ William Sherburne^ and Charles Bulfnchy

agents. Efqrs. be, and hereby are appointed agents, with full powers^

to make the faid purchafe in the name and behalf of the fai4.

county of Suffolk.

[This A£t pafTed February 5, 1803.}

An ACT to direct the AffefTment and Colleclion of
Taxes on the Pews in the Meetir.g-Houfe of the
Firft Parifh in the Town of BidcLford, for the Re-
pairs of faid Houfe, and alfo for making Sale of
the vacant Spaces for Pews in faid Houfe for the
fame Purpofe.

e , jyE it enaBed by the Senate and Hcife of Reprefentn-

■*^ tii}£Sy in General Court affemhled, and by the author-
ity ofihefamey That it fhall and may be lawful for the aiTelTors
, oi the iirft pariOi in Biddefordy for the time being, who fliall
taxed to defray ^? ^"'y fworn to the faithful difcharge of their truft, and
the experfes of they are hereby empowered to afTefs the feveral pews which
repairing the are now, or which mav be hereafter added in the meeting-
Biccting. houfe. j^^^^^ ^f ^j^g f^- j g^./^ ^zr\ih, and their feveral parts and
proportions, according to the juft value the faid aireffors fliall

fet

BIDDEFORD FIRST PARISH. iv^. 7, An. 1803. ^y

fet the faid pews at, of all fuch fums of money as the faid
parifh Ihall vote to raife and appropriate for the payment of
the labour and materials that have been expended in repairing
the faid houfe, fince the firft day of Jitnuary^ in the year of
our Lord eighteen hundred ; and alfo for fuch further fums
^s the faid parifh fhall vote neceflfary to complete the repairs
already commenced, after having expended what money they
fliall have raifed from the fales of the fpaces for the new ones
aforcfaid : And in cafe at any future period the faid houfe
fhall want repairs, the afTefTors aforefaid may afTefs all the
pews in manner aforefaid, fuch fums of money for the repairs
thereof, as the faid parith lliall vote to be raifed for that pur-
pofe ; and the afleflments thus made fliall be committed to
the Colle£lor of the parifh, with dire^ions to collect and pay
the fame to the Treafurer of the parilh in ninety days after
faid afleffment lliall be committed to him.

Sect. 2. And be it further enaEiedy That it fhall and may
be lawful for the freeholders of the faid parifh, at any pariili
meeting duly warned for the purpofe, to fell at public vendue, .j-j^^ vacant
to the higheft bidder, any or all the vacant fpaces for pews in fpaces for pew»
the faid meeting-houfe ; and the monies fo railed upon the to bsfold.
fales thereof, Ihall be paid into the treafury of faid parifh, for
the purpofe of repairing the faid houfe, and incidental charges
of fales.

Sect. 3. And be it further enaEled^ That the parifh Treas-
urer fliall keep an account, feparate and diflinft from other A diflindl ac-
parifli money, of the fums thus received, and the manner in |^"""' ^° ^*
which they are expended ; and fiiall have the fame power to
enforce the payment of the fums from the faid Collector as is
by law provided for colledling other parifh taxes.

Sect. 4. And be it further ettnEledy That if the owner or
proprietor of a pew fliall refufe or neglecH: to pay the fum
affefTed thereon as aforefaid, for the fpace of thirty days after
notice of the affefiinent Ihall have been pofted up on the door
of the faid houfe, and at one other public place in each parifh
in the faid town, it fliall be lawful for the faid Collector to ^ewi of deUn-
fell faid pew at public vendue, to the higheft bidder, f^rft J^j^"'* ^^ ^^
giving fifteen d lys notice of the time and place of fale by
porting up notifications thereof at the faid meeting-houfe
door, and nt one other public place in each parifli in the faid
town ; and the overplus fum., befides the taxes and neceffary
charges of liotifying and felling, he fhall pay over to the
former owner or proprietor, if known and reliding in the faid
town, in ten days after the fale ; but if the proprietor be
unknown, or a non-refident of faid town, he may, within ten
days next after the lale, pay over the overplus to the parifh
Treafurer, for the ufe of the former proprietor of the pew.

Sect.

PLYMOUTH CONG. FUND. Feb. 7, An. i So';.

Sect. 5. And be it further enaEled^ That the mode of

Tr n f r transferring pews fold by the Colletflor for the non-payment

pews fold for of taxes as aforefaid, fhall be by deed, under hand and feal,

payment of ar^d acknowledged before a Juftice of the Peace ; and a record

taxes. of the fame deed, thus made in the records of the parifli bv

the Clerk thereof, within fix months after palling the fame,

or a copy thereof, certified by the Clerk of the faid parifh, Ihall

be evidence of the transfer as well as of the original thus

recorded : Provided always^ That if the former proprietor of

a pew thus fold or transferred, fhall within one year from

Pews may be ^^ time of fale at vendue as aforefaid, tender and pay to the

redeemfcA purchafer, or to hi^ affignee in cafe of aflignment, the true

fum faid pew fold for, with an addition of twelve per cent, it

fliall be the duty of the purchafer or affignee to re-convey the

fame, and upon his refuiing thus to do, faid proprietor may

have the like remedy for obtaining the title and pofleffion of

the fame pew, as mortgagors of real eftate now have in the

Courts of this Commonwealth : and the mode of felling the

vacant fpaces for pews in the faid meeting-houfe, fliall be by

' vote by the parifli, in any parifh meeting duly warned for the

purpofe, and a record thereof, made by the Clerk, fhall be

full evidence of the fale : And it fhall be the duty of the Clerk

- ,. r of the faid parifli, upon "p'^yvaQnt oi. thirty-three ceTits^ to record

ieeds. 3t large in the faid parifli books, any deed of a pew in the faid

mccting-lioufe, which may be brought to him for that purpofe,

and to note and certify thereon, as well as in the records, the-

time when the deed was received for that purpofe,

[This A£l pafTed February 7, 1803.]

Preamble.

Trnflecs.

An ACT to incorporate certain Perfons as Trufleesof

a Fund for the Support of a Congregational Gofpel
Miniller, in the South Pariih in Bridgewater, in the
County oi Pljmouth.

''\%, THERE AS there arc in the treafury of the South Parifli
^/y in Bridgenvaier, monies and iecurities, amounting^
nearly to one thoufand r/c/Zarj-, which the parifli have appropriated
as a fund for the fupport of a Congregational Gofpel Minifler
in faid parifh, and have petitioned the Legiflature for an A£t to
incorporate certain perfons for the due management thereof :
Sect, i . Be it enacled by the Senate and Houfe of Reprefent-
ntivcS) in General Court tifembled, and by the authority of the famey
That Eliphalet Cary, Samuel Shaiu, JofJjua /ildeuy Thomas
Wafbhurn^ and Jafon Dyer^ be, and hereby are appointed
Truftecs to manage fuch funds as are, or lliall be raifed and
appropriated to the ufe aforefaid, and fer that purpofe they

and

PLYMOUTH CONG. FUND. f>3. 7, An.1803. 39

and their fuccefibrs are hereby incorporated into a Body
Corporate and Politic forever, by the name of The Tnijlees of
the Funds for the Support of a Congregational Gofpel LLinifer in
the South Parifh in Brir^geivatcr ,- Ihall have a common feal,
fubjeft to be ahered at pleafure ; may fue and be fued, and
may profecute and defend the fame to final judgment and
execution.

Sect. 2. Be it further enaEied^ That fald Truftees be, and
hereby are vefted with full power to receive into their hands _ to recelv*
alimonies and fecurities for money already ralfed, and all nionies, fecurL.
nionies, fubfcriptions, donations and fecurities for real or per- *'^*' ^'^*
fonal eftate, that may hereafter be given, raifed or fubfcribed
for the purpoie aforefaid, and may fell and convey, by good
and well authenticated deeds, lands and tenements, whereof
the fee may veft in them by virtue of mortgage or execution.

Sect. 3. Be it further enatled, That the aforefaid fund The fund to be
fhall be put to ufe or intereft, until it ftiall accumulate, by put at ufc, and
the intereil arifing thereon, together with fuch donations as the intereii to
hereafter may be made, to the fum oi fx thrafind dollars, and ^^ jj^^f^'^'orc
then the annual intereft of laid fund Ihall be applied to dif- ^^e miniftw.
charge the falary of the Congregational Gofpel Minifter fettled
in faid parifh : Provided however^ That fhould faid Truftees
be poiTeired of a capital, the annual intereft whereof fhall be
more than fufficient to difcharge the falary aforefaid, the fur-
plus fum may be applied to the payment of necelTiry parifh
charges, or for the fupport of fchools, as the parifh from time
to time fhall direcl, or the fame may be appropriated to aug-
ment faid fund, within the limitation hereafter exprefled.

Sect. 4. Be it further enabled. That faid Truftees are
hereby made capable of holding as aforefaid, real and perfon- Real and pen-
al eftate, the annual income of which fhall not exceedj^.v hun- f'^nal eftate
dred dollars ; and no part of the capital of faid fund fhall ever ^^^ ^^ ^^^
be expended.

Sect. 5. Be it further enailcd. That the Truftees afore-
faid and their fuccefTors ihall hold their ofhces until others Ihall
be chofen in their ftead, and they have declared their accept-
ance to the Clerk of laid fbuth parifh ; and faid parifli may
(if they fee caufe) choofe Truftees annually in the month of
March or April ,- and may, at any legal meeting warned for
that purpofe, choofe a Truftee or Trufte^ to fupply any va-
cancy or vacancies that may happen.

Sect. 6. Be it further enacled, That the Truftees fliall
each year, in the month of March or JpriL at the annual -^"""^^ ^^\^'

. r r • i 'n i m • r • n r i • ments to DC

meetmg or faicl parilh, exiiibit a fair ftatement ot then- pro- jjja^jg ^^^
ceedings, and of the ftate of the funds under their manage-
ment, and are hereby feverally made amenable to faid parilh,
and liable in law to anfvver to faid pariiii, out of their own

eflate.

40 NEPONSiT BRtDCE. Feb. 7, An.iSo3*

eftate, for any embezzlement j negled or wilful mifmanage-
ment of faid fund.

Sect. 7. Be it further enaHed, That the number of Truf-
Number of ^^^^ "^^7 ^^ augmented to feven, provided faid parifh fhall
Truftees. choofe thdt number, but ihall never be lefs than five, a ma-

jority of the whole number chofen to form a quorum for tranf-
afting bufinefs.

Sect. 8. Be it further enaEled^ That the Truftees^ for the
Officers to be ^^"^^ being, may ele6t a Prelident, Clerk and Treafurer ; the
tholen. Clerk and Treafurer to be under oath faithfully to perform

their duty ; and the Treafurer fhall receive into his hands
the monies from faid Truftees, and under their diredlion put
the fame to ufe or intereft, with fufficient fecurity for the
fame, having previoufly himfelf given bonds to faid Truftees,
with fufficient fureties to their acceptance, for the faithful
performance of his duty.

[This A£t pafled February 7, 1803.]

An ACT in addition to an A<51, entitled, " An Act
for incorporating certain Perfons for the Purpofe
March It, ^f building a Bridge over Neponfu River, and for
fupporting the fame.'*

WHEREAS the Prefident and Diredors of Nepotftt
Bridge, have petitioned this Court, that the faid Cor-
poration might be authorized to ereft a Bridge over Neponfit
River, at a place called Horfe-Hommock, inftead of from Pref-
ton's Poifit, in Dorchfler, to Billings'' s Rocks, in Quincy, as au-
thorized by faid A€i ', and it appearing for the public intereft
that fuch alteration in the fituaLion of faid Bridge fhould be
allowed :

Sect. i. Be it enacted hy the Senate and Houfe of Reprefenta'^
fives, in General Court a/fernbled, and by the authority of the fame,
^ r^ *h^ That the Proprietors of Neponfit Bridge be, and they hereby are
tullt. authorized to build a Bridge acrofs the Neponftt, at faid place,

called Horfe'Hommock, and to lay out, and make a road from
the meefijng-houfe in Qjmtcy, leading to faid Bridge, and from
faid Bridge to Dorchcjler Lower Road, in the direction men-
tioned in the faid petition of the Prelident and Directors of
laid Bridge, or in fuch other dire<Stion as the Juftices of the
General Seffions of the Peace, for the county of Norfolk, may,
upon application from faid Proprietors authorize ', and the
I'rivi'.ese to in- ii^l"^^t)itants of the faid towns oi Dorchejltrznd ^«/>7<:_)' fhall pafs
habitants of and rcpai's fuch part of faid road as lies on their refpe^tive
Dorchefter and fijes of laid river, free of all burden and expenfe ; and the
Qumcy. ^^-^^ Corporation flrall keep the faid road, on the Dorchefier

fide.

NEP0N3IT BRIDGE. Feb, 7, An. 1 803. 41

iide, in repair, during the continuance of this A^ of incor- Repair of road

poration ; and the faid town of Q^uificy and the faid Corpora- on each fide of

tion fliall keep the faid road on the Q,uincy lide of faid river the Bridge.

in repair, in fach proportions as they Ihall agree, or as in cafe

of difpute, the faid Juftices of the General Seffions of the

Peace, in the county oi Norfolk ^ fliall, after hearing the parties,

direft.

Sect. 2. Be it further enaEled^ That the faid Corporation
may purchafe and hold any h^nd over which they may make
faid road, and as much land as may be neceflary for the ufe (^ ^^T^^, *?
of faid bridge, not exceeding four thoufand dollars in value ; ij^Viie for dam-
and that the faid Proprietors fliall be holden to pay all dam- ages for caking
ages which fliall arife to any perfon, by taking his land for '^"'^•
faid road and ufe, where it cannot be obtained by voluntary
agreement, to be eftimated by a Committee to be appointed
by the faid Court of General Seffions of the Peace ; faving
to either party the right of trial by Jury, according to the
law which makes provifion for the recovery of damages hap-
pening by laying out highways.

Sect. 3. Be it further enacted^ That the faid road fliall not
be more than four, nor lei's than three rods wide, on the up- Width of road,
land ; and five rods wide, at leaft, and not more than fix rods,
(including the canalsj) on the marfli ; and that the faid Bridge
fliall be v/ell built, of like width and materials, and in a like
manner, with like draw and piers, and be fubjedt to the fame
limitations, provifions and rellriftions as are provided in and
by the fifth feetlon of faid A6t, for building the Bridge
therein authorized.

Sect. 4. Be it further enaEledy That for the purpofe of
reimburfing the faid Proprietors the money by them expend-
ed, or to be expended, in building and fupporting faid Bridge,
and laying out and making laid road, a toll be, and hereby is

granted for the fole benefit of faid Proprietors, according to „ ,, „ , ,.„
fu.rn- 17 ir cr . Toll cftabhft-

the rates ioUowmg : tor each toot pallenger, one cent, except- gj.

ing all perions who fhall be on military duty, and all fuch

perfons, with their military baggage, l>.all pafs and repafs faid

Bridge free of loll ; for each perfon and horfe,^'^^ cetits ; for

each horfe and cart, eight cents ; for each team, drawn by

more than one beaft, ten cents ; for each horfe and chaife,

fulkey or fleigh, ten cents ; for each coach, chariot, phaeton

or curricle, twenty cents ; for each man and wheelbarrow,

three cents ; for each horfe and neat cattle, exclufive of thofe

in teams or rode on, iivo cents ,- for flieep per dozen, two cents ;

and for fwine per dozen, two cents ; the faid toll to commence

at the time and to continue during the term fpecified in faid

Adc of incorporation : And the faid Proprietors ihall be fub-

Vol. III. F

43 PORTLAND ENGINE-MEN, &c. Feb. 7, An. i S03.

ject to all and every limitation, reflriction, penalty nnd duty
provided and enafted in and by faid Aft.

Sect. 5. Be it further enacted., That the faid Aft of incor-
poration, fo far as it relates to the building of a Bridge from
Prejlon's Point in Dcrchejier., to Billings's Rocks in Qiiif'cyi and
Part of a for- laying out the road therein mentioned, and to the toll thereby
"^f J- J ^^' granted, be, and hereby is repealed.

Sect. 6. And be it further enadedy That if the faid Pro-

Brid-e to fee P'''^^^"'^^ fhall negleft or refufe, for the fpace of three years

buil^ within after the paffing of this Aft, to build the Bridge herein au-

3 years. thorized, then this Aft, and alfo the faid Aft of incorporation,

fliall be wholly void and of no etfeft.

[This Aft pafled February 7, 1803.]

An ACT to authorize the Seleftmen of the Town of
Additional AiJt, Portland to appoint an additional Number of En-
June23.i804. g^ng.Men.

T>F it enacted by the Senate and Hoiife of RcprefentativeSy in
■^^ General Court ajfcvibled^ and by the authority of the fame.
That the Seleftmen of the town of Portland be, and they are
hereby authorized and empowered (when they fliall judge it
expedient) to nominate and appoint, as foon as may be after
the paffing of this Aft, and ever after in the m.onth of Janu-
ary annually an additional number, not exceeding eighteen
men, to a new fire engine called The CaiaracI, lately procured
by the faid town, in addition to the number of men now
authorized by law ; and fuch an additional number, fo ap-
pointed, ihull be exempted from military and other duties,
in the fame nianner that other engine-men are by law ex-
empted.

frhls Aft pafTcd February 7, 1803.]

An ACT in addition to an Aft, entitled, " An Ad:
empowering Cbarlcs Barrett.^ Efq. to erecl Locks
and open a navigable Canal, from the upper Part
'March 9,1 7 5>j. of Barrett's Tozc??, fo called, in the County oi Lin-
'coln, with the Sea, through St. George's River, fo
called,*' pafTed the ninth Day of March, Seventeen
hundred anci ninety-three.

WHEREAS it has been found that the toll authorized
by law, at the Locks and Canals at the Great Falls of
St. George's River, is infuHlcient to keep the fame in repair :
Therefore,

BRADFORD FISHERY, &c. Feb. 7, An. 1803. 43

Be it enaBed by the Senate and Houfe of Reprefentatives^ in
General Court ajjembledy and by the authority cf the fame ^ That
it (liall be lawful for the Proprietors of the faid Locks and
Canals to demand and receive at the rate of fifty cents for
each thoufand feet of boards, and for each ton of timber and
other lumber in proportion, which Ihall be pafTed through faid
Locks and Canal, in lieu of the toll heretofore eilablilhed :
Provided honvever^ the faid Proprietors Ihall give prompt at-
tendance, and keep the faid Locks and Canal in good repair,
fo that there be no unrsalbnable detention.

[This Act palled Ftbruary 7, 1803.3

An ACT in addition to an Acl, entitled, " An Acl

to regulate the catching of Salmon, Shad and Ale- ^'^^"^ 4,1790.
wives in Merrimack River, and the Streams empty-
ing into the fame.'*

WHEREAS it is found by experience that catching of
tilh at or near the mouth of Johnflons Brooke fo
called, emptying into the Merrimack River, within the town
of Bradfrd, in the county of /^J/ixy greatly impede and ob-
ftruct the filh from entering and pafiing up the faid flream :
Be it enaEled by the Senate and Houfe of ReprferJativcs, in
General Court ajj'embled, and by the authority of the JaniCy That
from and after the pafiing of this Act, no peribn or perfons
Ihall be allowed to drag any feine, or fet any net, pot, or other
machine, for the purpole of catchii^g fahnon, fliad or alewives,
or any othervvays oblbuft faid fiih in their paflage within
thirty rods below or twenty rods above the mouth of faid
itream, in Merrimacli River , on penalty of thirteen dollars and
thirty-three cents for each offence, and the feine, net, pot, or
other machine fo ufed to be forfeited ; and the fine or fines
aforelaid Ihall be recovered and applied in the i'ame manner
as the fines for breaches of tiie Act to which this is au
addition.

[This A£l palTed February 7, 1803.}

An ACT to ellabliih a Corporation by the Name of AdditionalA<ii,
The Bclchcrtow7i and Greeniuich Turnpike Corporation, ^l^^^^ ^*'

WHEREAS the highway leading from the Buy Road, fo
called, in Belchertown, comi^ences a little fouth of PreamWe.
Thomas Afa Gata^ dwelling-houfe, and running to the fouth
parilh meeting-hoafe in Greenwich^ is rough, and the expenfc
of making an-i maintamiag the l?.id rcid? fo that it v.-lll be con-
venient

44 BELCHERTOWN, &C.TURNPIKE. F^Z..7,An.i8o3.

venient for horfes and carriages, is much greater than can be
realbnably required of the inhabitants of ikid Belchertown and
Greentvich :

Sect, i . Be it enaEled by the Senate and Hctife of Reprefcrita-
tlveSy in General Court ajfembkdi ^'^^ h ^J^^ authority of the famey
Names of per. That Henry Div/ght, Silvnnus Hoive, JVilliam Stoney Benjamin
fo^ incorpora- Harrod, John Gilbert, Silvanus Howe, jun. Satnuel Smith, Kings-
fey Umierivood, Ebenezer Winfloiv, Eli Snonv, Peleg Conedy, Roger
Wejly Afaph Nenvcomb, Ifrael Trafk, Timothy Hinds, Ifaac Boyden,
Reuben Cooley, Robert Field, Benjamin Hooker, Luke Stone, jfofeph
' Hooker, jun. Reuben Colton, Joflnta N. Upham, Rufus Powers,

Ifaac Sievenfon, Silas Neivcomb, Bradford Newcomb, jun. and Na-!-
than Cummings, together with fuch others as may hereafter af-
fociate with them, and their fuccelTors, be, and they are hereby
conftituted a Corporation by the name of The Belchertown and
Greenwich Turnpike Corporation, for the purpofe of laying out
and making a turnpike road, commencing at laid Bay Road,
Courfe of the ^^^^th of Thomas Aja Gates'" dwelling-houfe, running eaftwardly
road. to the dwelling-houfe of Henry Dwight, Efq. ; from thence to

the fouth parilh meeting-houfe in Greenwich, in as diredi: a line
as the nature of the ground will admit, and for keeping the fame
Dimenfions. in repair ; which road or turnpike fliall not be leis than three
rods wide, and the path for travelling not lefs than eighteen
feet wide in any place : And when faid turnpike road Ihall be
fufficiently made, and fo approved by a Committee appointed
by the Court of Geiiei^al Seffions of the Peace for the county of
HampjfJyire, then the faid Corporation may and fhall be authorized
to eredl one turnpike gate on the faid road, in fuch manner and
place as the faid Corporation fliall judge necefiary and conve-
nient for cclle<Sling the toll : And faid gate (liall be placed be-
tween faid Dwighfs and faid Gates', and fliall be entitled to re-
ceive of each traveller or pailenger, at faid gate, the following
rates of toll, viz. For each coach, chariot, phaeton, or other

-, , f „ four wheel carriage, drawn by two horfes, fixteen afid an half

Rates of toll. , . r. , o ' , -' , i V j i • • "S

cents, and ii drawn by more than two horles, an additional

fum of three ce?its for each horfe -, for every cart or waggon,

drawn by two oxen or horfes, eight cents, and if drawn by more

than two oxen or horfes, an additional fum of two cents for

each horfe or ox ; for every curricle, eleven cents ; for every

chaife, chair or other carriage, drav/n by one horfe, eight and an

half cttts ; for every man and horfe, three cents ; for every fled

or fleigh, drav.n by two oxen or horfes.j^.v cents, and if drawn by

more tlxan two oxen qr horfes^ an additional fum of two cents

for each liorie or ox ; for every fleigh or fled, drawn by one

horfe, four ctnls ; for all horfes, mules, oxen or neat cattle, led

or driven, befldes thofe in teams and carriage?, two thirds of a

Vrovlki cent each : Provided however. That faid Corpoiation may, if

they

BELCHERTOWN, S:c.TURNPIKE. f>^. 7, An. 1803. 45

they fee fit, commute the rate of toll with any perfon or perfons,
by taking of him or them a certain fum annually, to be mutually
agreed on in lieu of the toll aforefaid.

Sect. 2. And he it further enacled^ That the faid Corpora-
tion may purchafe and hold land over which they may make Corporation al-
faid road ; and the Juftices of the Court of General Seffions ^^^^^ '° ^°^*
of the Peace for the county of HaiupJInre^ are hereby authorized,
on application of the faid Corporation, to lay out fuch road, or
any part thereof, as with the confent of the faid Corporation they
Ihall think proper : And the faid Corporation fliall be liable to Liable for dam.
pay all damages which may arife to any perfon by taking his ^&^'* ^°^ ^^°^
land for fuch road, where the fame cannot be obtained by mu-
tual agreement, to be eftimated by a Committee appointed by
the faid Court of General Seffions of the Peace, faving to either
party the right of having his damages eftimated by a Jury, ac-
cording to the law which makes provifion for the recovery
of damages ariiing from the laying out of highways.

Sect. 3. Am be it further enaBed, That if the faid Corpora-
tion, or their toll-gatherer, or others by them employed, fhall
unreafonably delay or hinder any traveller or paflenger at the
toll gate, or Ihall demand or receive more toll than is by this Adl
eftablilhed, the Corporation Ihall forfeit and pay a fuin not ex-
ceeding ten dollars nor lefs than t^uo dollars ^ to be recovered ^^"^"yforun"
before any Juftice of the Peace of the laid county, by any per- laying paffen-
fon injured, delayed or defrauded, in a fpecial adlion of the gers.
cafe ; the writ in which flaall be ferved on faid Corporation, by
leaving a copy of the fame with the Treafurer or Clerk of faid
Corporation, at leaft feven days before the trial ; and the
Treafurer of the faid Corporation, or Clerk or any individual •
member, fiiall be allowed to defend the fame fuit in behalf of
the faid Corporation : And the faid Corporation ihall be liable Corporation Ix-
to pay all damages that flxall happen to any perfon from whom ^ j, i^zi^Sa
the toll is demandable, for any damage which fhall arife from of road,
defefl of bridges, or want of repairs on faid ways, and (hall alfo
be liable to prefentment by the Grand Jury, for not keeping
the fame in good repair.

Sect. 4. And be it further enaBed^ That if any perfon fhall
cut, or break down, or otherwife deftroy the faid gate, or fhall
dig up or carry away any earth from laid road, or in any man-
ner damage the fanne, or ffiall forcibly pafs, or attempt to pafs
by force laid gate, without having firffc paid the legal toll, fuch
perfon fliall forfeit and pay a line not exceeding y^-^y dollars nor ^^^^!'^J^^ 'T
lefs than fifteen dollars^ to be recovered by the Treafurer of the paffing by
faid Corporation to their ufe. In an adtion or trefpafs or of the force, &c.
cafe : And if any perfon with a team, cattle, or horfes, turn
out of faid road to pais the tui-npike gate aforefaid, and again
enter on faid road, v.'iLh an intent to avoid the toll eftablilhed

46 BELCHERTbWN, &C.TURNPIKE. Feb.j,At\,i^oi,,

by this A£l, fuch perfon fhall forfeit and pay c}ie dollar, to be re-
covered by the Treafurer aforefaid to the ufe aforefaid, by an
action of debt : Provided^ That nothing in this A&. fliall extend
Provifo. ^^ entitle the faid Corporation to demand or receive toll of ^ny

l^erfon Vvbo iliall be palling v.'ith his horfe or carriage to or
from pubhc worfhip, or with his horfe, team or cattle, to or
from his coir.mon labour, or to or from any mill, or on the
common or ordinary bulinefs of family concerns, within the
faid town ; or from any perfon or perfons paffing on military
duty.
Shares confid- Sect. 5. Be it further enacledy That the fliares in faid road
cred perfoiial fliall be taken and ccniidered as perfonal eftate to all intents ;
eitatc. an J {h?\\ be transferable by deed, duly acknowledged before

any Juilice of the Peace, and recorded by the Clerk of faid
Corporation, in a book to be kept for that pnrpofe : And when
any fuch fhare fliall be attached on nicfne procejs, an attefl:ed copy
of fuch procels fliall be left at the time of the attachment Avith
the Clerk of faid Corporation, otherwife the fame fliall be -void ;.
and fuch fliares may be taken and fold by execution in the fame
manner as other perfonal eftate ; and the officer or judgment
creditor leaving a copy of fuch execution, with the return there-
on, with fuch Clerk, within fourteen days after fuch iale, and
paying for the recording thereof, fliall be deemed a fufficient
transfer of the fame.
Pirft meeting Sect. 6. Be it further enaEIcdy That the firft meeting of
et the Corpora- faid Corporation fliall be holden at the Iioufe of Robert Fields
tion. £j-^^ jj^ r^;j Gvicrauichy cn the fourteenth day of March, at ten of

the clock in the forenoon, for the purpofe of choofing all fuch
officers, and eftablilhing fuch rales as laid Corpoi^ation may
think proper.

Sect. 7. Be if fttrther enaRed^ Tliat the faid Corporation
Amount of ex- -Qiall, within fix months after the faid road is completed, lodge
be'cxhlbiced '^^ ^" '■'^^ Secretary's office an account of the expenfes thereof j
and that the laid Corporation fliall annually exhibit to the
Governor and Council a true account of the income or dividend
sriluig from faid toll, with the neceflary annual difburl'emeiits
ca laid road ; and that the books of faid Corporation fliatl at all
times be fubjecSt to the iufpection of a Committee to be appointed
by the General Court, or to the infpe^tion of the Governor and
Council when cr.iled for.

Sect. 8. Be it further oiaBcdt That whenever any Propri-
etor fliall negle<S> or refufe to pay any tax or afTeffinent duly
voted and agreed upon by the faid Corporation, to their Treaf-
urer, wiiiiia lixty days after the time fet for the payment there-
Sharesordtlln- ^f^ j-jjg 'p,.j..pfy^pj. ^^f j:,;j Corporation is hereby authorized to
^ck"^ ^^ "' ^-'^ ^^ pablir vendue, the fliare or fliares of Ihcli delinquent
Proyiriftor, one or inorc, as ihall br' fufficient to defray raid

taxes

St. GEORGE. Feb. 7, An. 1803. 4/

taxes and neccffary incidental charges, after duly notifying in
tlie newfpapers printed at Nsrthaniptou, the funi due on any
fuch Ihares, and the time and place of iale, at leafl thirty days
previous to the time of falc ; and fuch . fale fliall be a fulTIcient
transfer of fuch fhare or (hares fo fold, to the perfon or pcrfons
purchaling the lame ; and on ])roducing a certilicate from the
Treafurer to the Clerk of laid Corporation, the name of fuch
purchafer, with the number of tlie ra..res i'o fold, fiiall be by
the Clerk entered on the books of laid Corporation •, and fuch
purchafer fliall be confidered to all intents the Proprietor there-
of, and the overplus arifmg from fuch Iale, if any there be, fliall
be paid on demand by the Treafurer, to the perfon v/hofe fhares
were fo fold.

Sect. 9. And be It further eimFted^ That the faid Corpora-
tion fhall, at the place where faid toll is to be colleaed, erea ^If";^^*/^*! **
and keep conftantly expofed to view, a lign or board, with the
rates of toll of all the tollable articles fairly written thereon in
legible charaaers.

Sect. id. And be it further enacled, That faid Corporation
may fne and be iued, by their corporate name, and may have a
common feal, and enjoy all the powers and privileges, and be
fubjedt to all the duties incident to fuch a Corporation : And
the Lcgiflature may repeal faid Corporation, whenever it fhall This law maf"
appear to their fatisfaaion, that the income ariilng from fliid be repealed,
toll fhall have fully compenfatcd them for all monies they may
have expended in purchafmg, making, repairing and taking
*.are of faid road, together with an intcrclt thereon at the rate
of tnvelve per ceniitm per annum, computing from the time of
the expenditure of the fame ; am.d thereupon the intereft and
property in faid road fhall veil in this Commonwealth : Pro-
viJai mvertbcUfs, That if the faitl Corporation fliall neglea to
complete faid turnpike road for the fpace of four years from
the paffing this Aa, the fofne fhall be void and of no efFea.
[This Aa palTed Febri{ary 7, 1803.]

An ACT to divide the Town c^ Cufiing, in the Coun-
ty of Lincoln, and to incorporate the eafterly Part
thereof into a feparate Town, by the Name of St.

George,

T^E it stmcfed by the Senate ntid Hcufe of Reprefenta-
5ECT. I. _£) tl-jcs., in General Court nOhnhled^ and by the author"
ity of the fame ^ That all that part of the town of Cufhing which
lies to the eailward of a line drawn from the fouth-weii corner Boimdarhs*.
of Tkomafon, and painng fouth-wefterly through the middle of ^, -

St. George's River, by the weiterly channel to the fea, be, and

hercb/

TOPSFIELD FISHERY.

Feb. 9, An.iSo;^.

Arrears of tax

Divifion
property,

hereby is incorporated into a feparate town by tlie name of Si*
George : And the inhabitants of faid town are hereby vefted
with all the powers, privileges, rights and immunities with
which other tov/ns are invefted by the Conftitution and laws of
this Commonwealth.

Sect. 2. ^nd be it further emcledf That the faid town of
5/. George (hall pay all arrears of taxes which have been aiTefled
upon them, together with their proportion of all debts owed
by the faid town of Cujlnng prior to the date of this AiSt.

Sect. 3. And he it further enacled^ That all monies unap-
propriated, together with all other property (excepting the
r meeting-houfe lot) now belonging to the laid town of Cufning^
{hall be equally divided between the faid towns of Cufnng and
St. George, and that the inhabitants of the faid town of 5^.
George lliall be entitled to a road four rods wide on faid lotj
extending from the fhore to the place where the town road in
the town of Culhing cxo^q.% the faid lot, together with the ufe
of the burying ground on fa4d lot in common with the inhabit-
ants of the town of CufJjtng.

Sect. 4. A?id be it further eriaSied^ That of all future taxes
which may be levied on the two towns aforefaid, previous to a
new valuation, the town of Cufnng ftiail pay fifiy-fx cents, and
the town of St. George Ihall ^^zy fxty-fi)e cents upon the thoufand^
as their refpeclive proportions.

Sect. 5. And be it further enaFted, That James Malcom,
Efq. one of the Juftices of the Peace for the county of Lincoln^
be, and he is hereby authorized, upon application therefor, to
Erft meeting, j^^g ^ warrant diredued to fome fuitable perfon, an inhabitant of
the faid town of St. George, requiring him to notify and warn
the inhabitants thereof, qualified by law to vote in town affairs,
to afTemble at fuch convenient time and place as fhall be ex-
prelTed in the faid warrant, to choofe fuch officers as towns are
by law empowered to choofe in the month of Aiarch or April
annually.

[This Act pafled February 7, 1803.]

Lerylng of tax-
es.

An ACT to regulate the taking of Alewives in the
fevcral Streams leading from Ipfw'ich Riverio Pricb-
ard's Pcnd, in Topsfcld.

Sect. r.

TiE it enacted by the Senate and Hot fe of Reprefenta-
■^' tives, in General Court affembled, and by the author-
ity of thii fwie. That it Ihall and may be lawful for the town of
Privilege of Topsfeld, annually, at any legal meeting of the inhabitants of the
thefiiherymay ^^jj fown, to fell or otherwife dlfpofe of the privilege of taking
I po t o . ^j^^y-Ygs iii the feveral ftreams leading from Ipfivich River to

Prithard^s^

T0P5FIELD FISHERY. Feb, 9, An. 1803. ' ^ 49

Prichard's Pofidy in faid Topsjield, at fuch times, not exceeding
three days in a week, and at luch places, and under fuch regula-
tions as the (aid town fhall dire<Sl ; and the eiTiOlument ariling
fi-om faid privilege fhall be appropi-iated by the faid town to fuch
purpofes and ufes as the inhabitants thereof fhall in town-nieet-
ing from time to time determine.

Sect. 2. And be it further enacfed. That if the purchafcr or
purchafers, manager or managers, or thofe employed by them,
Ihall prefume to take any of the faid fiQi, at any other time or
place in the faid town than fhall be by faid town determined j
and if any other perfon or perfons whatever, except the pur-
chafer or purchafers, manager or m^^nasjers of the faid privileges,
or thofe employed by them, in either cf the ftreams aforefaid,
Ihall take any alewives, laid perfon or perfons \^o offending fliall Penalty fof-ta.
for each otl'ence forfeit and pay a fum not exceeding ^^/r/tT/; '"^^""^=';'"i''
dollars nor iefs than ene doHar, at the difcretion of the Juftice and places.
before whom the f ime lliall be tried.

Sr.cT. 3. And be it further enaftedy That the f:id torrn of
^opsficld Ihall, at their annual meeting in March or April, choofe pjjjj Commit*
by ballot a Committee, not exceeding feven nor iefs thati three tec to be cho*
freeholders of faid town, who Ihall be fworn or affirm to the '"^"•
faithful difcharge of the duties enjoined upon them by this Acl ;
and it fliall be the duty of the faid Committee to remove, or — ^''^'^ '^"^^
caufe to be removed, all obftru'fltons and impediments out of
the natural courfe of fliid ftreams or other pa:[l^age-ways, a<5
they, or the major part of them, fliall judge obftrucl and im-
pede the paflage of faid fiili, during the time of their pafling up
and dovm in each year; and the (aid Committee, or the major
part of them, are empowered to open the natural courfe of the
laid ftreams, by making them wider and deeper, as well as
other pafllige-ways which they may judge neceiTary for the
palTage of the faid lifli : And the faid Committee, or any two
of tlvem, paying a reafonable compenfation therefor if dem.and-
ed, Ihall have authority, in dil'charging the duty enjoined upon
them by this Act, to go on the lands and meadows of any per-
fon through which faid frream^s run, or into any building, mill,
or othet water-works en faid fiream, without being confidered as
trefpafTers ; and any perfon who fhall moled or hinder faid
Committee, or either of them, in the execution ^of the bufinefs
of his or their office, or f?iall obfttutfl any of the aforefaid fb-eams
or pafT.ige-ways, otherwife than may be allowed by the iaid
Committee, or the major part of them, he or they fo offending
ihall forfeit and pay, for every fuch offence a fum not exceed-
ing ten d^ars nor Icfs than one dcllar. at the difcretion of the ' ^^f'^i^ ^°"
Juil:ice before whom the fame fliall be tried : Prcvided nez>er~ of the "Com-.
thelefsf That nothing^ in this Acl fhall be conlidered as author- mittee,
izing the faid Gohimittee to injure thfe Proprietor of any mill, or

ptbev

Vol. III. Q

50 TOPSFIELD FISHERY. Feb. g. An. 1 803.

other wafer-works, further than is neceiTary in order to give the
faid fifh a good and fufEcient paffage-way up the laid ftream.

Sect. 4. ^'id be it further enaBed^ That if the purchafer or

purchafers, manager or managers of the faid privilege, lliall,

vhen in his or their power, negle£l or refufe to fupply any per-

fon or perfons with faid filh, when green, in any quantity not

Price of the exceeding one hundred to any one perfon who may apply

"^^v^Z A^ ^^' therefor, at fuch rates as fhall be determined by the faid town,

*^ ' ^ ' not exceeding twenty-five cents for one hundred of faid fifh, he

or they fo ofi'ending ihall forfeit and pay the ium of one dollar ;

and if any perfon or perfons Ihall alk, demand and receive more

than tiuent\-five cents for one hundred of faid fifh, and in that

proportion for a lefs number, at the place of taking laid filli, he

or they fo oflfending fliall for each offence forfeit and pay the

film of one dollar.

Sect. ^. And he it further enacted., That it fhall be the duty
The Commit- ^f the faid Committee to profecute all breaches of this Adl, and
tee to profe- for any two of them to feize and detain in their cuftody, any
cuteforbreach- ^let which may be found in the hands of any perfon ufing the
es of this Ad. ^^^^^ contrary to the true intent and meaning of this Act, until
the perfon fo offending makes fatisfaction for his offence, or is
IciJally acquitted therefrom ; and alfo to feize to the ufe of the
faid town, all fuch fifn as they fhall fufpe6t to have been taken
contrary to the provifions of this A61:, unlefs the perfon or per-
fons in pofiefhon thereof can give fatisfaciory evidence to fuch
Committee that laid fifh were lawfully taken.

Sect. 6. And he it further enacted ^ That all penalties in-

Recovery and currcd -bv any breach of this Act, fliall be recovered by an

appropriation j^^vjqj^ q^' j-'^g ^afe, before any Juftice of the Peace within and

e ones, ^^^ ^^ county oif -E^'-v, allowing an appeal to the Court of

Common Pleas for the fame county : And all iui-ns of m.oney

recovered as forfeited by this A6t, ihall be for the fupport of

the poor of the uiid town -, and no perfon by reafon of his being

one of the faid Commhtee, or an inhabitant of the faid town,

fliall thereby be difqualified from being a witnefs in any profe-

cution for a breach of this Act.

Sect, 7. And he it further cnaEled, That the Fiffi-Commit-

tee, or th.e major part of them, are hereby authorized to give

Cbfiog fifh- liberay to any owner of any grift-mlU ftanding on either of the

ways." aforefai-l ftrcams, to clofe the fifli-ways,-or either of them, after

the firft day of June annually, if they, or the major- part of

them, (liall judge faid filli have done palling up.

Sect. 8. And be it further enaclcd^ That all lav/s heretofore
raad«, relative to taking alewives in the aforefaid ftrejup in laid
.psneldy and relating to clofing the fifh-ways after tiie firft day

Repeal of for- Topsji
a^er lawc.

of June annuaUy, are hereby repealed.

[This'Adl: p.-iffed February p, 1803.]

TURNER FUNDS. Feb. 9, An. 1803. 5^

An ACT to autiiorize the ralfing a Fund for the Sup-
port of the Miniftry and a Grammar School, in
the Town of Turner^ in the County of Cujnbdi-'
land.

„ ryE if enacted by the Senate and Hoiife of Reprefenta-

-*-^ fives., in General Court ajfemhled^ and by the author-
ity of the fame. That Ichabod Bonney, Efq. William Bradford y Names crfTruf-
Benjamin Evans, John Turner, Efq. Daniel Carey, Luther Ca- tees,
rey, and fohn Loring be, and hereby are appointed Truftees,
to fell the minifterial and fchool land in faid town of Turner,
and to put out at intereft the monies ariling from fuch iale, in
manner hereinafter mentioned ; and for that purpofe,

Sect. 2. Be it further enaBed, That the faid Truftees be,
and they hereby are incoi*porated into a Body Politic bv the
name oiThe Truflees of the Aliniferial and Grammar School Funds Corporate
in the Toivn of Turner, \n the county oi Cumberland ; and they ''^'"^*
and their fuccefiors inall be and continue a Body Politic and
Corporate by that name forever ; and they Ihall have a com-
mon feal, fubjcdt to be altered at their pleafure, and they may
fue and be fued in all adlions, real, perfonal and mixed, and
profecute and defend the fame to final judgment and execu-
tion, by the name aforcfaid.

Sect. 3. Be it further enaEled, That the faid Truftees and officers tb be
their fuccefTors, fliall and may annually ele£l: a Prefident, and ekdled.
Clerk to record the doings and tranfactions of the Truftees at
their meetings, and a Treafurer to receive and apply the monies
hereinafter mentioned, as hereinafter directed, and any other
needful officers for the better managing of their bufinefs.

Sect. 4. Be it further enacfed, That the number of Truf-
tees ihall not at any one time be more than feven, nor lefs than Ny^ber of
five: Any five of their number to conftitute a quorum, for Trurtees en-
tranfa£l:ing bufinefs, and they ihall and may, from time to powered to fill
time, fill up vacancies in their number, which may happen by
death, refignation or otherwife, from the members of faid
town ; and fiiall alfo have power to remove any of their num-
ber who may become unfit and incapable, from rge, infirmity,
mifcondu^ or any other caufe, of ciifcharging their duty; and
to iupply a vacancy fo made by a new choice from the town
aforefaid : And the faid Truftees ftiali anni-ally hold a meet-
ing in March or April, and as much oftener as may be found
necefi^ary to tranfacl their neceffary bufinefs, which meetings,
after the firft, ihall be called in fuch way and manner as the
Truftees ftiall hereafter direct.

Sect. 5. Be it f:^rther e?iaEted, That Ichabod Bonney, "£.{0.
be and he hereby is authorized to fix the time and place for

holding;

52 TURNER FUNDS. Feb. 9, An. 1 803,

^^rft meeting, holding the firft meeting of the Truflses, and to notify each
Truftee thereof.

Sect. 6. And be it further etiaBed^ Th'3X{z\A''£r}i{teeshei
and they hereby are authorized to fell and convey in fee lim-
ple, all the minifterial and grammar fchool lands belonging to
faid town, and to make, execute and acknowledge a good and
fufficient deed or deeds thereof, which deed or deeds fub-
fcribed by the name of their Treafurer, by direction of faid
Truftees, with their feal thereto affixed, fliall be good and ef-
fectual in law to pafs and convey the fee fimple from faid towi^
to the purchafer to all intents and purposes whatever.

Sect. 7. Be it further enacledy That the monies ariilng
from the fale of faid lands Ihall be put at intereft as foon as
may be, and fecured by mortgage of real eftate to the full
value of the eftate fold, or by two or more fafScicnt fureties
•with the principal, unlefs the Truftees iLall think it beft to
inveft the fame in public funded fecurities or bank ftock of
this Commonwealth, which they may do.

Sect. 8. Be it further enaEled., That the intereft, arifmg
from time to time on fuch monies, Ih-AH be annually, or cften-
^r if practicable, put out at intereft, and fecured m manner
aforefaid, ynlefs invefted in the funds or bank ftock as afore-
faid, and alfo the intereft accruing from the inU'ieft, until a
fund fhall be accumulated on the fale of the minifterial lands,
and the intereft ariilng thereon, which fhall yield yearly the
fum of three hundred and fifty dollars ; and until a fund fliail be
accumulated on the fale of fchool lands, and the intereft arifing
thereon^ which lliall yield yearly the fum of t%vo- hundred dof.
lars.

Sect. 9. Be it further enaEled^ That as foojn as an in-
Appropriation tereft to that amount flaall accrue, the Truftees fhall forthwith,
9f.iaurwll. apply the fame, or that part ?riiing from the fale of the min-
ifterial lands, towards the annual fupport of a learned Protef-
tant Minifter, which may then be iettled in faid town, or
which may thereafter be fettled there, and fo long as the faid
town (hall remain without a fettled minifter, the annual in-
tereft aforefaid ihall be put out at intereft, and fecured as.
aforefaid, to increufe the faid fund, until there be a refcttle-
rnent of a minifter •, and that part arifuig from the fale of the
fchool lands as aforefaid, towards the fupport of a grammav
fchool in iaid town ; and it ftiall never be in the power of faid
town to alienate, or anyvxife alter the funds atorefaid.

Sect. 10. Be it further enuBed^ That the Clerk of faid
Corporation lliall be fworn previous to his entering on the
Treafurer to duties of his cface J and the 1 reafurer of the Truftees Ihall
give bond faithfully to perform his duty, and to be at all times
refponfible for the faithful application and appropriation or
" ■ ' ■ ■ ■ ' {;ha

iv.e Londs.

OTISFIELD, iv^. 9, An. 1 803. 53

the money which may come Into his hands, conformably to
the true mtent and meaning of this A(5l, and for all negli-
gence or milconduft of any kind In his office.

Sect. II. Be it further etiaBedy That the Truflees
or their officers for the lervices they may perform, fhall be ^

.,, r • c -re Compcnfation

entitled to no compenlation out ot any money arihng Irom of Truilecs.
the funds aforefaid, but if entitled to any, ffiall have and
receive the fame of faid town as may be mutiia'ly agreed on.

Sect. 12. Be it further ena^e.'I, Thzt the faid Truftees and
their luccefibrs fliall exhibit to the town, at their annual "^^^^^^ ft"e-
meeting In March or Aprils a regular and fair ftatement of
their doings.

Sect. 13. Be H further enacled., That the faid Truftees
and each of them, fhall be refponfible to the towji for their cdc"r^riefpMiI
perfonal negligence or mifconduft, whether they be officers fibk.
or not, and liable to a fuit for any lofs or damage aiifing
thereby, the debt or damage recovered in fuch fuit to be for
fhe ufes aforefaid.

[This A61 pafled February 9, 1803.]

An ACT annexing the Gore of Land, commonly
called Phillips's Gore, in the County of Cumberland,
to the Town of Otisficld.

c T)£ it enacled by the Senate and Houfe of Reprefentit»

-^ tives, in General Court ajpuibled^ and by the author-
ity ofthefume^^hTiX. thegore of land aforefaid, with the inhabitants
thereon, as defcribed within thefollowing bounds, viz. Beginning
at the fouth-eaft corner of Otisfeld ; thence north twenty-five
degrees weft, on the eafterly line of Oti.feld, eight miles, to Boundaries,
the north-eaft corner thereof ; thence north lixty degrees
eafl, four hundred and ten rods, to a ftake and ftones ftanding
in a certain line marked, by Captains Parker and Bracket, in
the year one thoufand feven hundred and feventy-one, com-
monly known by the name of the Parker line j thence from faid
flake and ftones fouth twenty-five degrees eaft on faid Parker
line, feven miles and one hundred and eighty-eight rods
through Thompfon Po7id, to a ftake and ftones ; thence fouth-
weft, four hundred and twenty rods, to the bounds firft men-
tioned, be, and they hereby are annexed to, and made a part
of the town of Otifeld, to enjoy all luch privileges as town
inhabitants do by law enjoy.

Sect. 2. And be it further enacled. That the Inhabitants
of faid Phillips's Gore^^ with their eflates, fhall be exempted inhabitants c-
fvQm all State taxes, which may be uiTeSed on faid town of emptcd fro»

Otisficldy tat taxes.

54 HAVERHILL FISHERY. Feb. 9, An. 1803.

Otisfield, for the fpace of ten years from the fourteenth day
of December y one thoufand feven hundred and ninety-eight,
agreeably to the conditions of the purchafe of faid lands
which was made v/ith the Committee for the fale of eaftern
lands.

[This A£t paiTed February 9, 1803.]

FiHi Commit-

An ACT regulating the taking the Fifh called Ale-
wives in the feveral Streams emptying into Merri'
mack River, in the Town of Haverhill.

^^ T)E it enaEIed by the Senate and Houfe of Reprefetita-

■*-^ tivpSy in General Court affembledf and by the author"
ity of the fcfme^ Tliat it fliall and may be lawful for the inhab-
itants of faid town of Haverhill^ from time to time, at their
tec'to^^bc cho- annual meeting in the month oi March or Aprily to choofe, by
fell. ballot, a Committee of freeholders in faid town, whofe duty it

fhall be to determine and order by whom, and in what place
or places the faid fifii may be taken in the feveral ftreams emp-
' tying into Merrimack Rivery within the town aforefaid ; and
Ihall caufe a copy of fuch order, figned by faid Committee, or
any two of them, to be pofled up in fome public place in faid
town : And any perfon who fliall violate fuch order, upon con-
viction thereof, fhall forfeit and pay a fum not exceeding^v^
dollars^ nor lefs than two dollars : Provided the quantity of lifli
fo taken be lefs than one barrel : But for every barrel of fifh
fo taken contrary to this law, any perfon convicted thereof
fliall forfeit and pay the fum oS. feven dollars^ to be recovered
before any Juftice of the Peace in the county of EJfex before
whom the complaint fliall be made.

Sect. 2. And be it further enaBed^ That the Committee
aforefaid, or the major part of them, are hereby authorized
Sluice-ways and empowered to open fuch fluice or pafTage-ways through
may be open- or round any dams erected, or that fhall be erected acrofs faid
ed, and oh- ^j-^^^j^g^ ^^ ^j-^gy jfij^n judge neceifary for the free pafTage of
moved. ^"i<^ ^^'^^> ^"'^ ^^ remove lumber and every other obllrudion

to the free palFage of faid lilli ; to eredi racks or wooden
frames, as they Ihall judge necefTary, in faid ftreams through
which faid fifli pafs, they being reftri£led in fuch opening and
clearing to do the fame as little to the damage of the owner or
owners as may be 5 and fuch paUage, fo opened by the Com-
mittee aforefaid, fhall continue open, if they judge it necelTa-
ry, from the tenth day of April co the lall day of Alay annu-
ally : And if any perfon or perfons fhall unlawfully obflru6l
tiie pafTage or paflagei for faid fifh, remove or injure any rack
or riicks that fhall be ere«£l:ed bv faid Committee on faid ftreams,

fuck

HAVERHILL FISHERY. FeK 9, An.1803. 55

fuch perfon or perfons fo oflfending, upon convi£Hon thereof, Penalty for ob-
fhall forfeit and pay a fum not exceeding ofie hundred dollars, ftiu-ftinq: paf-
nor lels than forty Ja/Zarj-, to be recovered in any Court proper ^^geoffifli.&c;
to try the fame.

Sect. 3 . ^nd be it further enaclcd, That it fliall and may
be lawful for any of faid Committee or their affiftants, while Committee-
in the execution of their office, to go upon the land adjoining confidercd
to faid ftreams without being conildered as trefpaflers ; and trefpaflcis.
any perfon or perfons who Ihall attempt to hinder or moleft
faid Committee, or either of them, in the execution of their
office, fhall forfeit and pay a fum not exceeding t^ueuty dollarsy -
nor lefs than ten dollarSy to be recovered in any Court proper
to try the fame.

Sect. 4. And he it further enaBcd, That the faid Com-
mittee be, and hereby are authorized and directed to diftrib- pj^ ^^ ^^ ^^j^
ute, or caufe to be diftributed, the fifh that may be taken by and price lim-
them, or any perfon or perfons under them, as equally as cir- iced,
cumftances v/ill admit, to fuch perfons as apply for the fame ;
and for the fifh fo fupplied, the Committee aforefaid, or their
agent or agents, ihall demand a fum not exceeding tiventy-five
cents for each hundred of fiflx fo delivered, excepting of certain
poor perfons of faid town of Haverhill, who, in the opinion of
the Sele<ftmen of faid town, are unable to pay for the fame,
and fuch perfons ffiall be fupplied gratis with fuch quantities
as the faid Committee fhall judge expedient : And the faid
Committee ihall, on the firft town-meeting after the month
of May annually, exhibit an account of all the fiili difpofed
of by them, and the balance, if any remain after paying them
a reafonable compenfation for their fervices, fhall be paid into
the treafury of faid town, for the benefit thereof.

Sect. 5. And be it further emuled yThatxha CornvmltQe ^o
chofen fl.all, before they enter upon the duties of their office, ^0"^™'"== t*
be fworn faithfully to difcharge the duties required of them
by faid town, agreeable to this Aft.

Sect. 6. And be it further etiaBed, That any of the inhabit-
ants of faid town of Haverhill, not concerned in violating this Inhabiunts of
Act, may be admitted as witnefTes in any action that may be Haverhill may-
brought for any penalties aforefaid, they being inhabitants of ^'^^"^"^ '^**
faid town notwithftanding.

Sect. 7. And be it further enacled, That no perfon or per-
fons Ihall, after Dailmg this Aft, be allowed to catch falmon, ^^^"^""Z fi*

' . ^ o ' ^ , at certain pla-

luad or aiewives, or drag any feme or let any net, pot or other ces forbiddca.
machine, for the purpofe of taking or catching faid filh, or
any other wife obftru6t faid filh in their paffage, within thirty
rods below or twenty rods above the mouth of any ftreams ia
the town of Haverhill emptying into lAdrimack Rivtr, where
faid fifh ufually pafs upj on penalty of thirteen dollars^ to be re-
covered

§$ FIRES IN BOSTON. Peb. 9, An. 1^03.

covered before any Court proper to try the Tame, and the feine,
net, pot, or other machine io ufed, to be forfeited.

Sect. 8. y^nd be it further enacted, That the times and

manner prefcribed for taking fifh in an Adl paffed March 4,

1790, entitled, "An A61" to regulate the catching of falmon,

fhad and alewives, and to prevent obftruclions in Merrimack

River, and in the other rivers and ftreams running into the

Fifh may beta- fame, within this Commonwealth, and for repealing feveral

ken atthe times Acls heretofore made for that purpofe," fhall be obferved as

prefcribed by a ^.j^^ times and manner for taking faid fidi in the faid ftreams

in the town of Haverhill ; and if any perfcn fhall take any of

laid fidi at any other time or in any other manner than is pre*

fcribed in the AiSh lall recited, he (hall, for each offence, be

fubjeft to fuch penalty as is provided in the faid Acl for the

fame offence, to be appropriated in the fame manner as the

other forfeitures in this Aft.

Sect. 9. And be it further enaHed, That if any perfbn

is found attempting to take any of faid fifli at any time or place,

J>erfon? to ac- otherwife than is provided by this Act, or if any of faid fifh fhall

count for fifb be found in the poffeffir.n of any perfon, fuch perfon or per-

^Xflion ^^'''' ^°"'' ^^^' ^^ deemed to have taken them unlawfully, and fhall

be fubieft to the penalties by this Act prefcribed, unlefs he or

they fhall make it appear upon trial, that they came by faid

fiOi' lawfully.

Sect. 10. And be it further enacted, That all fines and foi*-
Difpofition of feitures incurred by breach of tltis Acl, fhall enure, one moi-
fi""' ety thereof to him or them who fhall complain or make in-

formation of the fame, and the other moiety to the faid town
Of Haverhill.

[This A£l pafTed February p^ 1803.3

Ati. ACT in addition to an Acl, entitled, " An AcT: to
June 7-7, i;?! fecure the Town of Bojlon from Damage by Fire,'*
and repealing certain P^rts thereof.

f, TiE it entlBed by the Senate and Hoitfe of Reprefenta-

■^-^ tives, in General Court affemUed, and by the author-
ity of the fame. That from and after the pafiing of this Adl,
no building, of any kind whatfoever, which fhall be more than
Jlxternal CJfeo ten feet high from the ground to the hjghefl point in the roof
and ends of thereof, fhall be erc<Sted or built within the town of BoJIon,
fioufes t> be of unlefs all the external fides and ends thereof fliall be built or
gjg^ ' ' compofed of brick or ftone, except fo much as may be necef-

fary for doors and windows, and unlefs the roofs of all inch
buildings fliall be entirely covered Avith flate, tile or fome in-
combuflible compofition, ajid the gutters fecured effedhially

againft

FIRES IN BOSTON. f^^. 9, An. 1803. 57

Bgainft fire ; and no brick or ftone wallfhall be deemed fuf-

ficient wichin the meaning of this Aa, unlefs the fame Ihall

be at leaft twelve inches thick in the lower l>ory, and eight DimrnCons of

inches thick above the lower ftory, and all double houfes Ihall ^■^' ^•

have partition walls, which ihall be built of Itone or brick, and

of the thicknefs laft mentioned, and Ihall rile in battlements at

leaft three feet above the roof ; and all adJitions which Ihall be

made to buildings already erefted, and all buildings which fliall Reftrkliont

be erected on old foundations, in part or in whole, iliall be ^e^"^" added w. °" "

ed and confidered within the reftriclions and recusations of

this A<51 : Provided neverthckjs^ That upon any wharf, niarQi pjrewards cm.

or other place, where no fufficient foundation can be obtained powered to al-

without unreafonable cxpenfe, on permiffion of the firewards low wooden

of faid town, or the major part of them in writing, wooden J^"jj|^^/"^^* ^°"

buildings, of not more than two ftorics high, may be erefted,

which fliall be covered on all fides with llate, tile or lime

mortar, and filled in with bricks laid in mortar, and ihe roofs,

eaves and gutters fliall be fecured as before dire£lcd.

Sect. 2. And he it fuither encMed by the nuthorify nforefaidy
That no wooden building, more than ten feet high, fhall be ^^r^^^^^ jj^jj^.
removed from any part of the town of Bo/lon, to any other i^gs to be re*
place within the fame town, without the permiffion of the moved.
Firewards of faid town, or the major part of tliem, under fuch
rellri£lions and provilions as they fliail prefcribe ; nor Ihall
any wooden building, heretofore ercfted v/ithin the faid town,
and not now ufed as a dwelling-houfe, be hereafter occupied
as a dwelling-houfe, or for any other purpofe than tiiat to
which it is now applied, without the permiffion of the fire-
wards as aforefaid.

Sect. 3. And be it further ena&ed, That every perfon
who iliall ere£l or add to, remove or alter any building within Perfons violat-
the town of Bo/}ofi, contrary to the provifions of this Aft, and '"g. ''"^ aA
every building fo erected, added to, altered or removed, fliall ^"tks of formed
be fubjedt to the penalties, forfeitures, fines and impofitions A(51.
which are provided by the third and fourth fe(Slions of the •

A6t to which this is an addition.

Sect. 4. And he it further enaBed, That every kettle, boil- Kettles cop«
er or copper, for the ufe of any caulker, graver, Ihip-carpen- pcrs, &c. t6 he
ter, tallow-chandler, foap-boiler, painter, chemift, druggiil, or ^■'^^ '" ^"^^
other like artificer^ fliall be fo fixed in brick or ftone laid in ■• -» •
mortar as to prevent all communication betv/een the fire and
the fubftance or fabftances boiled.

Sect. 5. And be it further er:uc?ed, That the firft and fe-
cond fedlions of tlie A£t to which this is an addition be, and ^^' °^^Z^
the fame are hereby repealed, excepting that fuch parts thereof

Vol. III. H

58 NORFOLK, &c. TURNPIKE, Feb, lo, An.1803,

as may be neceffary to recover all fines and penalties incurred
upon the Adi aforefaid, fhall remain in full force ; and all pen-
alties and forfeitures under this Aft Iliall accrue and enure, be
profecuted for and recovered, in the way and manner provided
by the A£l to which this is an addition.

f ™ 3. ,1 Sect. 6. And be it further enaHcd, That the firevsrards of
Firewards al- , J »

lowed to per- laid town, or the major part or them, be, and they are hereby

mit the ercc- authorized and empowered, by writing under their hands, to

tiou of "'■'.^''^ licenfe any perfon or perfons to ere£t or build any houfe or

ino-s in certain Other building more than fourteen feet high from the ground

cafes. to the higheil point thereof, conformable to the Aft to which

this is an addition, wherever it Ihall appear to their fatisfac-

tion, that any fuch perfon or perfons had, on or before the

twenty-firft day of Jauttary laft pad, aftually incurred expenfe

by procuring and fitting or preparing the materials for fuch

building : Provided neverihelefsy That all fuch buildings fhall

be aftu;dly erefted on or before the firft day of June next ;

otherwife fuch licenfes fliall be void.

Sect. 7. And be it further enacted^ That it fliall be lawful
^niaycompel f^j, ^^ firewards of faid town to require and compel the
gjgg^ afliftance of all or any of the inhabitants of faid town, and

any other perfons who fhall be prefent as fpeftators of any
fire ; and in any fuit or profecution therefor, it fhall be law-
ful for them to plead the general iflue, and give this Aft in
evidence.

[This Aft paiTed February 9, 1 803.]

March 8,1802,

An ACT in addition to an Acl, entitled, " An Aclef-
tabliftiing The Norfolk and Brifiol Turnpike Corpora-
tion,^^

Sect. i.

D-E it enacted by the Senate and Houfe of Reprefenta-

lives f in Genera! Court ajjembledy and by the author-

itj cf the fame y That The Norfolk and Brifiol Turnpike Corpora-'

tiou be, and hereby is authorized and empowered, under the

Empowered to dli-eftlon of the Committee appointed by the General Court,

road^'and^outc ^^ locatc the route of the turnpike from the court-houfe in

prefcribeii. Dcdhani to Panvtuckct Bridge^ fo called, to lay out and make a

turnpike road communicating with the former : Beginning at

the faid corjrt-houfe ; and thence pafling by Pitt's Heady to

called, to the poft-ofiice in faid Dedham ; and running thence,

nearly north-eafterly, to a high rock eafterly of the widow

Mary Draper's, in Roxbury ; and thence near and by the houfe

of the late John Davis, deceafed, ia faid Roxbury ; and alfo

near and by the wheelwright's fhop of Chenery ; and

alfo near and bv the barn of Tlofvias JFeld ; and alfo through

the

NORFOLK, &c. TURNPIKE. Feb. lo, An.i8o3. 59

the land of Captain Jofeph WilliamSy foutherly of his dwelling- "^

houfe, to the end of Alears's Lane^ fo called, in faid Roxbury^

near the houfe of the late Governor Sumner ,- and thence to

the foutherly fide of the pavement near to the brick fchool-

houfe in faid town of Roxbury : Which faid turnpike road fhall

be at leaft twenty-four feet wide in the made or travelled part

thereof; and fhall be laid out from the faid poft- office in

Dedhnm to the aforelaid end of Aiears^s Lane of the width of

four rods, except in fuch places as the faid Committee may

otherwife order, but in no part between faid poft-officc and

the aforefaid end of Mears's Latie, to be lefs than three rods

wide.

Sect. 2. And be it further enaBedy That when the faid turn-
pike road fhall be fufficiently made, and Ihall be allowed and

approved by the abovefaid Committee, then the faid Corpora*

tion fhall be authorized to ere^t one turnpike gate in fuch tumpjjjg gjt^,
place as fhall be neceflary and convenient, and as the faid
Committee fliall diredl ; fubjedl, however, to the proviiion
hereinafter made : And the faid Corporation fhall then be en-
titled to receive the like rates of toll as in and by a certain
Aa, entitled, «* An A€t cftablifhing The Norfclk and Brijiol
Turnpike Corporation^^ may be demanded at each of the gates
therein allowed to be ere«5led : Provided neverihelefsy That the ^ro^ifo.
faid turnpike gate fhall not be ere«fted at any place on the pre-
fent travelled road, but at fome place between the faid pofl-
office in Dedham and the faid end of Mears's Lane in Roxbu-
ry, on the faid propofed new route : Provided nlfoy That noth-
ing in this Aft fhall extend to entitle the faid Corporation to
demand toll of any perfon who fhall be paffing with his liorfe Exemption*
or carriage to or from public worfliip, or with his horfe or ^°^
team to or from any mill, or with his horfe, team or cattle to
or from his common labour on his farm, or on the common
and ordinary bufinefs of family concerns within the fame
town, or any perfon pafling on military duty.

Sect. 3. And be it further ena8edy That the faid Corpora-
tion be, and hereby is vefted with all the powers, rights and Rights and dn-
privDege*, and fubjefted to the fame duties, requifitions and '^^s fame as in
limitations, in refpeft to the turnpike road which the faid * ^'''■"*'-*^ A<a.
Corporation is hereby authorized to make, as if the fame had
been exprefsly included in the aforefaid Aft of incorporation.
[This Aft pafTed Fthruary lo, 1803.]

6q SUFFOLK IN^. COMPANY. f^^. 12, An. 1803

fzn'tTiS^A.'^^ ^^^ to incorporate John Codman, and others,
ia to limit & into a Company by the Name of The Suffolk hifur^
eftabiifh the ^,^^^ Company.

ltock,Juiie 23, ^ -'

^804. Sfpt /^"^ ^'^ enaEled by the Senate and Honfe of Reprefenta"

•'-' tivesy in General Court aJTemhlcd^ and by the author^
ity ofthefamey That the faid John Codman, and others, and all
fuch perfons as have already or fhall hereafter become Stock-
holders in the faid Company, be, and hereby are incorporated

Corpora-te into a^.Company and Body Politic, by the name of The Suffolk

psme. Infut'ance Company^ for and during the term of twenty years

after the paffing of this Act ; and by that name may fue or be
fued, plead or be impleaded, appear, profecute and defend to
final judgment r>nd execution ; and have a common feal, which
they may alter at pieafure ; and may purchafe, hold and convey
any eftate, real or perfonal, for the uie of faid Company, fubjedt
to the reftriciions hereinafter mentioned.

Sect. 2. And be it further enaFted^ That the capital flock
of the faid Company fliall be divided into fhares oi one hundred

Amount and ^^j,^^^ ^^^j ^^j^-^j^ .-j^^jj ^^ .^jj |.^ ,^ ^^^ |-^-^ Comoany in man-

divifion of cap- • , , • i ■ y r c^- r i • a n Si 1 ,

italltock. ^6r provided m the nmth lecnon or this Act; and the whole
number of ihares Ihall be three thoufand, and the whole capital .
flock, eftate and property which the faid Company fhali be
authorized to hold, fhall never exceed three hundred thoufand
dollars^ exciufive of premium notes and profits arifing from, the
b.ufinefs of fiid Company, of which capital ftock not more than
tiventy thoufand dollars fiiall at any time be invefted in real eftate.
Sect. 3. And he it further enaSledj That the ftock, property,

■'^p^^T* ^^'^ affairs and concerns of the faid Company fhall be managed and

be choien. condu6led by ievQW Diredlors, one of whom iliall be Prelldent
thereof, who fhall hold their ofiices for one year, and until
others are chofen, and no longer ; and who fhall at the times of
their eleclion be Stockholders, and citizens of this Common-
wealth, and fhall be elected on the fecond Monday of Jantsary
in each and every year, at fuch time of the day, and in f uch a
place in the town of Bojlon as a majority of the Directors for the
time being fhall appointj of which election public notice fliall
hi given in at leaft two of the new-fpapers printed in the town
of Bofcn^ and continued for the fpace of ten days immediately
preceding luch clcdtion > and the election fhall be hoiden under
the infpection of three Stockiiolders, not being Directors ; and
the election fhall be made bv ballot by a majority of the votes

^odeof elec- of the Stockholders prefcnt, allowing one vote to each fnare iii
the capital ftock: Pro aided, That no Stockholder ihail be al-
lov/ed more than thirty votes j and the S:ockholders not prefent
;iaay votQ by proxy, undqr iuch regulations as the Company fhaU

prefcribe ;

SUITOLK INS. COMPANY. F^^. 12, An. 1803. ^'

prefcribe : And if through any unavoidable accident the faid
Directors fliould not be chofen on the Second Monday of Jaii"
vary as aforel'aid, it fhall be lawful to choofe them on any other
day, in the manner herein prefcribed.

Sect. 4. And be it fin-ther emcled^ That the Direftors when
chofen fhall meet as loon as may be after every election, and ^j^^^ors to
fhall choofe out of their body one perlbn to be Prelident, who chooIetbePrc-
ihall be fworn faithfully to difcharge the duties of his office, fidect.
and who (hall prelide for one year ; and in cafe of the death,
reiignation or inability to ferve of the Prefident or any Director,
liich vacancy or vacancies Ihall be filled, for tlie remainder of
the year in which they happen, by a fpecial election for
that purpofe, to be held in the fame manner as herein before
directed refpecling annual elcdlions for Directors.

Sect. 5. Jml be it further etiaBfd, That the Prefident and
three of the Directors, or four of the Directors in the abfence Board ftr the
of the Prefident, ihall be a Board competent for the tr.iniaaion ^jj^^^'^''^ °^ ^'Jjj
of bufinefs ; and all quefi:ions before them fliall be decicied by po^gj^
a majority of votes ; and they fhall have power to make and
prefcribe fuch by-laws, rules and regulations as to them fhall
appear needful and proper, touching the management and dif.
pofition of the ftock, property, eftate and efi^edts of faid Com-
pany, and the transfer of the fliares, and touching the duties
and conduct of the feveral officers, clerks and I'ervants employed,
and the eledlion of Directors, and all fuch matters as appertain '

to the bufinel's of infurance ; and fhall alfo have power to ap- Sfcretary and
point a Secretary, and fo many clerks and fervants for carrying Clerks to be
on the faid bufinefs, and with fuch falaries and allowances to 3PP0'"*«<>-
them, and to the Prefident, as to the faid Board fhall feem meet :
Provided, That iiich by-laws, rules and regulations (hall not be
repugnant to the Confiitution or laws of this Commonwealth.

Sect. 6. uind be it further enacted, That there fhall be flated
meetings of the Direftors at leafi: once in every month, and as Stated meet-
often within each month as the Prefident and Board of Direc- '"ga-
tors fhall deem proper ; and the Prefident, and a Committee
of two of the Directors, to be by him appointed in rotation,
{1)311 afTemble daily, if need be, for the dilpatch of bufinefs j
and the faid Board of Directors, or the Committee aforefaid, at
and during the pleafure of faid Board, fliall have power and
authority on behalf of the Company, to make infurances upon what may h©
vefTels, freight, money, goods and effects, and againfl captivity iiifured.
of perfons, and on the life of any perfon during his abfence by
fea, and in cafes of money lent upon bottomry and refpondentiay
and to fix the premiums and terms of payment : And all poli-
cies of infurance by them made fhall be fubfcribed by the Prefi-
dent, or in cafe of his death, ficknefs, inability or abfence, by
any two of the DiretT;or3, and counterfi^aied by the Secretary,

and

62 SUFFOLK INS. COMPANY. Feb. 12, An,iSo^,

and fhall be binding and obligatory upon the faid Company,
and have the Uke efFedl and force as if under the feal of the
faid Company ; and all loiTes duly ariling under any policy io
fubfcribed, may be adjufted and fettled by the Prefident and
Board of Diredlors, and the fame fhall be binding on the Com-
pany.

Sect. 7. u^nd be it further enaEied, That it fhall be the duty

of the Directors, on the firft Monday of July and January in

Semi-annual gygj.y year, to make dividends of fo much of the interefl arifin?

CilVIQ€nQS to DC *'"'.. ^

^ajje, from their capital ftock, and the profits of the faid Company,

as to them fhall appear advifeable ; but the monies received,
and notes taken for premiums on rifks, which fliall be undeter-
mined and outflanding at the time of making fuch dividends,
^ . f 1 (T ^^^^ ^'^^ ^^ confidered as part of the profits of the Company :
whicli mav lef- And in cafe of any lofs or lofles, whereby the capital fl-;ck of
fen the capital the Company fhall be lefTened, before all the inftalments are
^^'^^' paid in, each Proprietor or Stockholder's eflate fhall be held

accountable for the inftalments that may remain unpaid on his
fliare or fhares at the time of fuch lofs or lofTes taking place,
and no fubfequent dividend fhall be made, until a fum arifing
from the profits of the bufinefs of the Company, equal to fuch
diminution, fliall have been added to the capital j and that once
in every three years, and oftener if required by a majority of
the votes of the Stockholders, the Dire£lors Ihall lay before
the Stockholdei-s, at a general meeting, an exadl and particular
flatement of the profits, if any there be, after deducing lofles
and dividends.

Sect. 8. And he it further enaEled^ That the faid Company
fhall not directly nor indirectly deal or trade in buying or fell-
ing any goods, v/ares, merchandize or commodities whatfoevcr ;
and the capital ftock of faid Company, after being collected at
Capital ftock s^ch inftalment, fhall, within fix months, be invefted either in
how to be fe- the funded debt of the United States ■> or of this Commonwealth,
cured. or }n the ftock of the United States Bank, or of any incorporated

Bank in this Commonvv^ealth, in either or all of them, and in
fuch proportions as may be moft for the intereft of faid Com-
panv, at the difcretion of the Prefident and Directors of faid
Company, or of fuch other perfon or perfons as faid Stockholders
fliall for fuch purpofe at any meeting appoint.

Sect. 9. And he it further enaEledy That /^ry dollars on each

_ - , fhnre in faid Company ftiall be paid in money within twenty

Inftalmsnts , ,. ^ r- r\ • r r • i r^ i u • •

when to be ^'^V^ ^it^'^ ^"6 firft meeting of faid Company, and the remaining

paid. fiim offfty dollars on each fhare fhall be paid in money within

one year afterwards, at iuch equal inftalments and under fuch

penalties as the faid Company fhall direct.

Diredlors of Sect. IO. And h& if further enaHedf Thzt no -pevibn h^'mg

•ther Comp2- 3 Direftor of any oth<?r Company carrying on the bulinels of

lilt

marine

SUFFOLK INS. COMPANY. Feb, 12, An. 1803. 9%

marine infurance, (hall be eligible as a Direftor of the Company nles not eKgi-
by this Aa eftablifhed. ^^' '" '*''*•

Sect. ii. And be it further etmEied^ That the property of
any member of faid Company, vefted in the flock of faid Com- jjen^fiable To
pany, with the dividend or dividends due thereon, (hall be liable attachment.
to attachment and execution in favour of any bona fide creditor,
in manner following, viz. Whenever a proper officer, having a Proceedings in
wi-it of attachment or execution againft any fuch member, Ihall '^'^ "^ attach^
apply, with fuch writ or execution, to the Secretary of faid
Company, it fhall be the duty of faid Secretary to expofe the
books of the Corporation to fuch officer, and furnilh him with
a certificate under his hand in his official capacity, afcertain'tig
the number of Ihares the faid member holds in faid Company,
and the amount of the dividend or dividends due thereon ; and
when any fuch Ihare or (hares ffiall be attached on mefne procefs^
or taken in execution, an attefted copy of fuch writ of attach-
ment or execution Ihall be left with the faid Secretary ; and
fuch ffiare or fliares may be fold on execution after the fame
notification of the time and place of fale, and in the fame mode
of lale as other perfonal property ; and it ffiall be the duty of
the officer making fuch fale, within ten days thereafter, to leave
an attefted copy of the execution, with his return thereon, with
the Secretary of the Company, and the vendee (hall thereby
become the Proprietor of fuch fhare or Ihares, and entitled to
the fame, and to all the dividends which fhall have accrued
thereon after the taking in execution as afcrefaid, or when
there Ihall have been a previous attachment, after fuch attach-
ment, notwithftanding any intervening transfer.

Sect, i 2. And he it further enacledy That In cafe of any
Jofs or lolTes taking place, that fhail be equal to the amount of
the capital ftock of the faid Company, and the Prefident or Prefident ani
Diredors, after knowing of fuch lofs or lofles taking place, fliall Jj"''^^*"'* ^""
iubfcribe to any policy of infurance, their eftates jointly and ance made in
Severally fhall be accountable for the amount of any and every certain cafes.
lofs that fhall take place under policies fo fubfcribed.

Sect. 13. And be it further enacted. That the Prefident and
■Directors of faid Company fhall, previous to their fubfcribing to ■^'""""5 ?^

1- 1 . ■' ^ r - rn • r-°, ftocktobepub-

any policy, and once m every year after, miDhlh m two of the lijhed.
newfpapers printed iu the town of Bjjhny\hQ amount of their
ftock, againft what rifks they mean to Infure, and the largeft
fum they mean to take on any one rifk.

Sect. 14. And be it further enacied, That the Prefident and
Directors of faid Company fhall, when, and as often as required be^bid^ before
by the Legillature of this Commonwealth, lay before them a the ItgiilatHre.
ftatement of the affairs of faid Company, and Aibmit to an ex-
amination coiicerning the fan^ie. under oath.

SacT.

64 FIFTEENTH MASS. TURNP. P^^.i2,An.i8o3.

Sect. 15. And be it further enaEled^ That John Codmany

Thomas Amory and David Sears, or any two of them, are hereby

Krft meetin? authorized to call a meeting of the members of faid Company as

of Stockhold- foon as may be, in Bojion, by advertizing the fame for three

er». weeks fucceffively in two of the newfpapers printed in faid town,

for the purpofe of their electing a firft Board of Diredlors, who

fhall continue in office until the fecond Monday of January f

one thoufand eight hundred and four.

£This A6t pafled February 12, 1803.]

An ACT to eftablifti TJoe Fifteenth Majfachufetts Turn-
pike Corporation.

« T)E it enaEled by the Senate and Houfe of Reprefenta-

-^^ tives, in Genera/ Court aJfembJed, and by the author^

ity of the fame. That David Tracy, Richard Stevens, Orfon Smith,

^ r Seth Morfe, Elifha Andrews, Solomon Hart, John Hyde, Devenport

(onsincoTpori' Adams, Noah Church, Elijah CatUn, Zenns Hyde, William P.

ted. Stevens, Amos King, S'.-th Shelden, John D. Taylor, Elias Taylor,

Stephen Sage, Jcjhuj Emmes, Abel Sage, Daniel Herrick, Amos
Hall, Jacjb Wehjler, Abner IVebjhr, Abel Wilcox, jun. William
Wilcox, Micah Good'ich, Solomon Smith, jitp. Jofeph Paine, jun.
Richard Chapii, Daniel Sears, and Jfah Hannon, and all fuch
perfons as Inall aiTociate with them and tHeIr fucceflbrs, fliall be

Corporate ^ Corporation by the name of The Fifteenth Majfachufetts Turn-

name. pike Corporation, with all the powers and privileges incident to

Corporations, for the purpofe of laying out and making a turn-
pike road from the termination of the turnpike road leading
from New-Haven to Majfachufetts line at Southfield, near Sandy

Co'jrfe of the Brook, fo called ; from thence, in the mofk convenient and direct;

road, route, near to the dwelling-houfe of Stephen Sage, in Sandisfeld,

to the dwelling-houfe of EUphalet Phelps, in Neiv-Marlborough ,«
from thence, in the moft convenient and dire£t route, to the
north meeting-houie in faid Neiu- Marlborough ; from thence,
in the moft convenient route, to Noah Church's dwelling-houfe 5
from thence, in the moft convenient route, to the dwelling-houfe
of Samuel Kingman ;^rom thence, in the moft convenient and
direct route, to the nf er at the lower end of the meadow, near
the dwelling-houfe of Solomon Hart ; from thence, in the moft
convenient route, between the dwelling-houles of David Tracy
and Richard Stevens, to the top of Three-Mile Hill, in Greats
Barringtsn, between the dwelling-houfe of Seth Morfe and the
guide-board on the top of faid hill ; from thence, in the moft
convenient and dire6t route, to the fouth line of Stockbridge,
near the dwelling-houfe of Elifha Andrews ; and for keeping
the fame in repair, which fhall not be left than four rods wide,

and

FIFTEENTH MASS. TURNP. Feb. 1 2, kn.i^oy 6^

and the path to be travelled on not lefs than twenty-two feet
wide in any place ; and that when faid turnpike road fliall be
fufficiently made, and fhall be fo allowed and approved by the
Juftices of the Court of Common Pleas for the county of Bcrk-
fiyire^ at any term thereof, then the faid Corporation fliall be t„,„ „. _^
autnonzed to erect two gates on laid road, m fucn places as the be eredcd.
Juftices of the Court of Common Pleas In faid county of Berk-
Jh'tre Ihall determine, pro'Oided that faid gates fliall not be placed
on any prefent public road ; and fliall be entitled to receive for
each traveller and paflengcr, at each of faid gates, the following
rates of tell, viz. For every coach, chariot, phaeton or other ^°^^
four wheel carriage, drawn by two horfes, twcnty^Jivc cents y and
if drawn by more than two horfes, an additional fum oi four
cents for each horfe ; for every cart or waggon, drawn by two
oxen or horfes, ten cents^ and if drawn by more than two oxen
or horfes, the additional fum of three cents for each ox or horfe ;
for every curricle, tivelve cer.ts and five mills ; for every chaife,
chair or other carriage, drawn by one horfe, tzvche cents and
five mills ; for every man and horfe, five cents ; for every fled
or fleigh, drawn b;^ two oxen or horfes, fi-^^en cents, if drawn by-
more than two oxen or horfes, an additional fum of tivo cents
tor each ox or horfe ; for every fled or fleigh, drawn by one
horfe, five cents ; for all horfes, mules, oxen or neat cattle, led
or driven, beil Jes thofe in teams and carriages, one cent each ;
for all flieep or fwine at the rate of three cents per dozen : Pro-
vided alfo. That the faid Corporation may, if they fee fit, com- ^'■''''^*»
mute the rate of toll with any perfon, or with the inhabitants
of any town through which the faid road pafles, by taking of
him or them a certain fum annually, to be mutually agreed upon
in lieu of the toll aforefiiid : Provided, That no toll fliall be
taken of any peribn pafiing faid road on military duty, to or Exemption*
from public worfliip, to or from any mill, or about his common
and ordinary buflnefs within the town wherein he refidcs.

Sect. 2. Be it further enaEled, That the faid Corporation ^ ,. ,

^ X, r jiiiii ■,•,-, '■ ^ . Corporation al«

may purchaie and hola lands over which tney may make faid lowed to hoH

road ; and the Juftices of the Court of General Sefiions of the land.

Peace for the county of Berhjhirey are hereby authorized, on

application of faid Corporation, to lay out faid road, or any

part thereof, as with the confent of fiid Corporation they may

think proper : And the faid Corporation iLall be liable to pay

all damages that fliall arife to any perfon by taking his land for

fuch road, when the fame cannot be obtained "by voluntary

agreement, to be efumated by a Committee of the Court of"

General Sefllons of the Peace in the county of Berkjljire, faving

to either party the right of trial by Jury, according to the law

tv'hich makes provilicn for the recovery of damages arifing from

Ihe laying out of highways.

Sect.
Vol. III. I

66 FIFTEENTH MASS. TURNP. Feb. 1 2, An. 1 803.

Sect. 3. Be it further enacted^ That if faid Corporation,
their toll-gatherers, or others in their employ, fhall unrealbnably
delay or hinder any traveller or paflenger at either of the faid
gates, or (h«ll demand or receive more toll than is by this Atl
eftablifhed, the Corporation fnall forfeit and pay a fum not
Peiial^ for de- g^^gg jjj^g ^^,^ dollars nor lefs than one dollar^ to be recovered
laying paffen- ^^^^^^ ^^^ Juftice of the Peace of the county where the offence
^^'^*' fliall be committed, by any perfon injured, delayed or defrauded,

Procefs for re- -^ ^ fpecial adlion on the cafe •, the writ in which fliall be ferv-
covcring pen- ^^ ^^ ^^^^ ^^. j Corporation, by leaving a copy of the lame with
^ their Treafurer, or with fome individual member of tlie Cor-

poration living within the county wherein the action may be
brought, or reading the contents thereof to faid Treafurer or
individual member, at leall feven days before the day of trial ;
and the Treafurer of faid Corporation, or individual member,
iliall be allowed to defend the fame fuit in behalf of the Cor-
poration ; and the faid Corporation Ihall be liable to pay all
damages which fhall happen to any perfon ficm whom toll is
by this A£l demandable, for any injury which fhall arife from
d'efedl of bridges or want of repairs within the fame way ; and
alfo be liable to a fine, on prefentment of the Grand Jury, for
not keeping the fame, or the bridges thereon in good repair ;
and if the faid road, or any part thereof, fliall be fuffered to be
out of repair, the Juflices'of the Court of Common Pleas, or a
major part thereof, or a Committee to be by tliem appointed
The gates to for that purpofe, may, after notice in writing fervcd on the Clerk
be fct open if or Treafurer, or any other principal member of faid Corpora-
road is not ^.^j^^ rg^,gj^ j,^^,g before the time of hearing, order the faid gates,
kcptm repair. ^^ ^j.^^^^^ of them, to be fet open-, and immediately upon the
fervice of fuch order, under the hands of faid Juftices or Com-
mittee, or the Clerk of faid Corporation, the faid gate or gates
fhall be opened, and kept open, and no toll demanded or taken
thereat, until the Julfices of fiid Court, or faid Committee, fhall
grant an order for putting up faid gate or gates, and receiving
the toll thereat.

Sect. 4. Be it further enr.cled^ That if any perfon fhall cut,
break dov.^n cr deltroy any of the faid turnpike gates, or fhall
forcibly pafs, or attempt forcibly to pafs the fame, without havmg
firft paid the legal toll at fuch gate, fuch perfon Ihall forfeit and
Penalty^for in- ^.^^ ^ ^^^ ^^^ exceeding ffty dollars nor lefs than t-iuo dollars, to
f!rciblj°^ paff- be recovered by the Treafurer of laid Corporation to their ufe,
ing. in an action of trefpafs : And if any perfon fhall, with his cat-

tle, team, carriage or horfe, turn out of the laid road to pafs the
faid turnpike gate, on ground adjacent thereto, and again enter
on fiid road, with intent to avoid the toll due by virtue of this
penalty for im- ^^^ f^^^^ perfon fhall forfeit one dollar, to be recovered by the
Er^tou! ^^^'^' Treafurer of the faid Corporation, to the ufe thereof, in an action
of trefpafs on the cafe.

Sect.

FIFTEEN m MASS. TURNP. fe-^. 12, An. 1803. 67

Sect. 5. Be it ftn-ther enacted y That the fhares in the fame shares deemed
turnpike road Ihall be taken, deemed and coniidered to be per- perfonal cftatc
Ibiial eftate, to all intents and purpofes, and ihall and may be
transferable ; and the mode of trarisfeiring faid fliares Ihall be
by deed, acknowledged before any Jullice of the Peace, and re-
corded by the Clerk of faid Corporation in a book to be kept
for that piirpofe : And when any of faid {hares fhall be attached
on mcfne procefsy or taken in execution, an attelted copy of fuch
writ of attachment or execution fhall be left with the Clerk of
faid Corporation, ctherwife fucii attachment or taking in execu-
tion fhall be void j and fuch fliarcs may be fold on execution in
the fame manner as is or may by law be provided for the file
of perfonal property by execution ; the officer making fale,
or the judgment creditor, leaving a copy of the execution and
the officer's return on the fame, with the Clerk of the faid
Corporation, within ten days after fuch fale, and paying for the
recordin*: of the fame.

Sect. 6. Be it furtficr enacled^ That a meeting of faid Cor- pirft meeting
poration fliall be held at the houfe of Noah Churchy innhoider of Proprietors,
in Ne-w-AIariboroiighy in the county of BcykJJjire, on the fecond
Tuefday in April next, for the purpoi'e of choofhig a Clerk, and
fuch other officers as may then and there be agreed upon by
the faid Corporation, for regulating the concerns thereof; and
that the faid Corporation may then and there agree upon fuch
method of calling meetings in future as they may judge proper.

Sect. 7. Be it further enaflcd-. That the faid Corporation
fhall, within fix months after faid i-oad is completed, lodge in ^^o"""^ o*" «•«-
the oecretary s othce an account or the expenies thereof; and penfrrs t.o bi
tliat the faid Corporation fhall annually exhibit to the Governor exhibited,
and Council, a true account of the income or dividend arifmg
from the faid toll, with their necelTary annual difbiirfements on
faid road ; and that the books of fiiid Corporation fliall at all
times be f ubject to the infpeftion of a Committee to be appoint-
ed by the General Court, or to the inlpection of the Governor
and Council when called for.

Sect. 8. Be it further eiiacfedy That whenever any Propri-
etor fhall neglect or refufe to i^av anv tax or alTelTment, dulv
voted and agreed upon by the Corporation to their Treafurer, ^'^-''''^oiaeiiri.-
within lixty days afrer tb.e time iet for the payment thereof, the tors may be
Treafurer of laid Corporation is hereby authorized to fell at fold,
public vendue, the fhare or fhares of fuch delinquent Proprie-
tor, one or more, as fliall be iuiticient to defray faid taxes, and
neceirary incidental charges, after duly notifying in fome newf-
paper printed in the coui.ty of Bcrhfjircy the fum due on any
fuch fhares, and time aid place of fale, at leaft twenty days
previous to the time of 'Sie; and fuch fale fliall be a futiicient
transfer of the lliai-e or Ihares fo Ibid, to the perfon purchafmg ;

and

6dt LINC. AND KEN. MAR. INS. CO. Feb. 1 2, An. 1 803.

and on producing a certificate of fuch fale, from the Treafurer

to the Clerk of faid Corporation, the name of fuch purchafer,

with the number of fliares fo fold, fliall be by the Clerk entered

on the book of the faid Corporation, and fuch perfon fliall be

confidered to all intentrs and purpofes the Proprietor thereof j

and the overplus, if any there be, Ih.dl be paid on demand, by

the Treafurer, to the perfon whofe iTiares were thus fold.

Sect. 9. Be it further enacted^ That the faid Corporation

^ , , fiiall, at all places where the faid toll fhall be coUefted, eredt

be ereded. and keep conftantly expofed to view, a fign or board, with the

rates of toll of all the tollable articles fairly and legibly written

in large or capital charafters.

General Court Sect. \o. And he itfuither enacled, That the General Court

may diflblve may difiolve faid Corporation, whenever it fhall appear to their

this Corpora- f^tisfa^liion, that the income arifing from the faid toll fliall have

fully compenfated the faid Corporation for all monies they may

have expended in purchaflng, repairiiig and taking care of the

faid roads, together with an intereft thereon, at the rate of

twelve per centum by the year, and thereupon the property of

the faid road fliall be veiled in this Commonwealth, and be at

their difpofal : Provided^ That if the faid Corporation fliall

iiegledt to complete the faid turnpike road, for the fpace of

three years from the pafllng of this Acl, the fame fliall become

void and of no effedt.

[This Acl pafied February I2, 1803.]

An ACT to incorporate William Ki7ig?LvA others, into
a Company by the Name of The Lincoln and Ken-
nebeck Marine Infurance Company,

Sect

T}F it enaEled by the Senate and Houfe of Reprefenta-
' ' J~^ tivesy in Genera/ Court aJ/emUed, and by the author-
ity of the famey That Wiiliam King and others, together with
fuch perfons as have already, or hereafter may become Stockt
holders in faid Company, being citizens of the United States^
be, and hereby are incorporated into a Company or Body
Corporate Politic, by the name of The Lincoln and Kcnnebeck Marine In-
warn*. furance Company ^ for and during the term of twenty years from

the date of this A£l ; and by that name may fue and be fued,
plead or be impleaded, appear, profecute and defend to final
judgment and execution, and have a common feal, which they
inay alter at pieafure, and may purcliafe, hold and convey any
eflate> real or perfonal, for the ufe of laid Company, fubjedl
to the refliriclions hereinafter mentioned.
Amount of Sect. 2. Be it further enaBedy Ihat a fliare in the capital
Jhares and cap- fl;ock cf the faid company fhall be one hundred dollars, ; and the
ital iiock. , ijumber

LINC. AND KEN. MAR. INS. CO. Feb.12, An.iSo^. 69

number of (liares fliall be feven hundred and fifty ; and If the
faid number of Ihares are not already filled, fubfcriptions Ihall
be kept open, under the infpeition of the Prefident and Di-
redlors of the faid Company, until the fame fnall be filled ;
and the whole capital ftock, eftate or property, which the faid
Company fl:iall be authorized to hold, fhall never exceed
fever.ty-five thoiifand dollars i exclufive of premium notes, or prof-
its arifing from faid bufinefs, of which capital ftock or property
fifteen thotifjud dollars only fball be inverted in real eftate.

Sect. 3. Be it further er.aEltdy That the ftock, property, nircdtors tobe
afl'airs and concerns of the faid Company (hall be managed and chofcn.
conducted by nine Directors, one of whom Ihall be the Prefi-
dent thereof, who Ihall hold their offices for one year, and until
others fhall be chofen, and no longer j which Directors (liall, at
the time of their elecSlion, be Stockholders and citizens of this
Commonwealth, and Ihall be elecled on the firft Tuefday in
March, in each and every year, at fuch times of the day, and
;jt fuch place in the town of JVifc.iJp.t as a majority of the Di-
rectors for the time being Ihall appoint ; of which election
public notice Ihall be given, in at leaft two new^fpapers, one
printed at Portland, and one printed at fome town adjoining
Kennebeck River, and continued for the fpace of fifteen days
immediately preceding fuch eledlion : And fuch election fhall
be ho'.den under the infpedlion of three Stockholders, not be-
ing Directors, to be appointed previous to every election by
the Direftors, and ihall be made by ballot, by a majority of ^J^f* °^ '^''^'
votes of the Stockholders prefent, allowing one vote to each
Ihare in the capital ftock : Provided, That no ^Stockholder
ihall be allowed more than twenty votes ; and the Stockhold-
ers not prefent may vote by proxy, under fuch regulations as
the faid Company fliall prefcribe : And if, in cafe of any un-
avoidable accident, the laid Directors fhould, on the faid firft
Tuefday in March, not be chofen as aforefaid, it Ihall be lawful
to chooie them on another day, in manner herein prefcribed.

Sect. 4. Be it further enaEled, That the Directors fo chofen
Ihall meet as foon as may be after every eleClion, and fliall preOdent to be
choofe out of their body one perfon to be Prefident, who Ihall chofen&fwom.
prefide for one year, and be fworn faithfully to difcharge the
duties of his office ; and in cafe of the death, refignation, or
inability to ferve, of the Prefident or any Director, fuch va-
cancy or vacancies lliall be filled, for the remainder of the
year in which they may happen, by a fpecial election for that
purpofe, tg be held in the fame manner as is herein before
directed refpecting annual elections for Diredlors and Prefi-
dent.

Sect. 5. Be it further enaHeJ, That the Prefident and four B^.^rd totrsnf.
of the Directors, (or five of the Directors in the abfence of ^^ ^'^^"'ef*-

the

7© LINC. AND KEN. MAR. INS. CO. F^^.is^An.iSo^.

the Prelident,) fhall be a Board competent to tranfacl bull-
nefs ; and all queftions before them (hall be decided by a
majority of votes ; and they lliall have power to make
and prefcribe fuch by-laws, rules and regulations, as to them
fhall appear needful and proper, touching the management
and diipolition of the fkock, property, efiiate and efFedls of faid
Company, and the transfer of the Ihares, and touching the
duties and conduct of the feveral officers, clerks and fervants
employed, and the eledlion of Diredlors^ and all fuch matters
as appertain to the bufinefs of infurance ; and (hall alfo have
Secretary and power to appoint a Secretary, and fo many clerks and fervants.
Clerks to be for carrying on the faid bufinefs, and with fuch falaries and
appointed. allowances to them, and to the Prelldent, as to the faid Board
fliall feem meet : Provi/Jecf, That fuch by-law«:, rules and reg-
ulations fhall not be repugnant to the Conftitution or laws of
this Commonwealth.

Sect. 6. Be ii further enaBed, That there fhall be ftated
-, . , meetings of the Direflors, at leaft once in every month, and

Diredors. 2s often within each month as the Prehdent and Board of Di-
rectors fhall deem proper ; and the Prefident and a Commit-
tee of three of the Dire(Stors, to be by him appointed in
rotation, Ihall afTemble daily, if need be, for the difpatch of
bufinefs ; and the laid Board of Directors and the Committee
aforefiiid, at and during the pleafureof the faidBoard,fhallhave
Power of the pg^yer and authority, on behalf of the Company, to make in-
furance upon vefTels, freight, money, goods and efledls, and
againli captivity of perfons, and on the life of any perfon dur-
ing his abfence by lea •, and in cafes of money lent upon boU
tomry and refpondentia ; and to fix the premiums and terms
of payment ; and all policies of infurance by them made, fliall
be fubfcribed by the Prefident, or in cafe of his death, ficknefs,
inability or abfence, by any two of the Diredtors, and coun-
tcrfigned by the Secretary, and fhall be binding and obligatory
upon the faid Company, and have the like effect and force as
if under the feai of the faid Company ; and the alTured may
thereupon maintain an action upon the cafe againfl the faid
Company ; and all lofTes, duly aridng under any policy {o
fubfcribed, may be adjufted and fettled by the Prehdent and
Board of Directors, and the fame fliall be binding on the
Company.

Sect. 7. Be it further enaSlcd^ That it, fliall be the duty of
!<cmi-annual the Directors, on the firft Tuefday of July and January^ in ev-
dividends to be ery year, to make dividends of fb much of the intereft arifing
Kiiuc. ixQiw the capital ftock, and the profits of the laid Company, as

to them iliall appear advifeable •, but the monies received, and
the notes taken for premiums on rifks, which fhall be unde-
termined and outfcanding at the time of making fuch divi-
dends.

LINC. x^NDKEN.MAR. ms. CO. Feb. 1 2, An.iSo^, 7t

dends, fliall not be confidered as part of the profits of the
Company \ and in cafe of any lofs or lofies, whereby the cap- p , . . ^
ital flock of the Company (liall be leflened, each Proprietor's ticn of the cap*
or Stockholder's eftate {hail be held accountable for the defi- ital flock,
ciency that may be due on his ihare or ihares, at the time of
faid lofs or lolTes taking place, to be paid into the faid Com-
pany by afTeffments, or fuch other mode, and at fuch time or
times as the Directors ihall order ; and no fubfequent divi-
dend Ihall be made until a fum equal to fuch diminution fliall
have been added to the capital ; and that once in every two
years, and oftener if required by a majority of votes of the
Stockholders, the Directors Ihall lay before the Stockholders,
at a general meeting, an exacl and particular ftatement of the
profits, if any there be, after dedmSllng lofies and dividends.

Sect. 8. Be it further enaciedy That the faid Company
fhall not, direftly or indirectly, deal or trade in buying or fell-
ing any goods, wares, merchandize or commodities whatfo-
ever ; and the capital {lock of faid Company, after being Capital floife
coUecled at each inftalment, rtiall, within ninety days, be in- '" ' 1"T^ t
vefted either in the funded debt of the United States, or of this
Commonwealth, or in the flock of the United States bank, or
of any incorporated bank in this Commonwealth, at the dii-
cretion of the Prefident and Directors of laid Company, or of
other officers which the Proprietors fhall for fuch purpofe
appoint.

Sect. 9. Be it further ennBedj That fifty dollars on each
fhare in the faid Company fhall be paid within fixty clays ^Y'"^"' *'^"'"
after the firft meeting of tlie faid Company, and the remain-
ing fum due on each fhare, within one year afterwards, at
fuch equal inflalments, and under fach penalties ?.s the find
Company fliall direct ; and no transfer of any fhare in faid
Company fliall be permitted or be valid, until all the inflal-
ments on fuch fhares fliall have been paid.

Sect. 10. Be it father enaBed, Thic the property of any
member of faid Company, vefled in the flock of faid Company, shares liabJe t»
fhall be liable to attachment, and to the payment and f'atis- attachments,
faction of his juft debts, to any of his honn fide creditors, in
manner following, to ivit : In addition to the fummons by
law prefcribed to be left with the defendant, a like fummons
fliall be left with the Secretary of faid Company, the debtor's
fliares in the faid Company's funds, together with the intereft
and profits due or growing dise thereon, or fo much thereof
as {hall be fufficient, fliall thereby be held to refpond faid fuit
according to law ; and ^11 transfers of the debtor's fhares, not
noted in the books of the Company previous to the delivery of
fuch fummons, fliall be barred thereby ; and execution may
be levied upon the property of any Stockholder in faid Com-

p3ny.

72 tlNC. AND KEN. MAR. INS. CO. F^^.i2,An.i8o3.

pany, anct his Tnare or flmres therein expofed to fale, in th^
fame manner as is by law prelcribed where perfonal eftate is
taken in execution : And it Hiall be the duty of the officer
who extends fuch execution, to leave an attefted copy thereof,
with his doings thereon, with the Secretary of faid Com-
pany, and the purchafers fhall thereupon be entitled to the
reception of all dividends and ftocks which the debtor was
previoufly entitled to : And upon any attachment being
made, or execution levied on any fliares in laid Company, it
The books to ^^^'^^^ ^^ ^^^^ duty of the Secretary of faid Company to expofe
fee fliewn. the books of the Company to the officer, and to furnifh him
with a certificate, vuider his hand in his official capacity,
afcertaining the number of Ihares the debtor holds in the faid
Company, and the amount of the dividends due thereon.
Sect. ii. Be it further euaSeJ, That in cafe of any lofs
No infurance ^^ ^oi^iis taking place, that fhall be equal to the amount of
to be made af- the capital ftock of the faid Company, and the Prefident or
ter a lofs equal Directors, after knowing of fuch lofs or lofTes taking place,
o t le capital ^j^^jj fubfcribe to any policy of infurance, their eftates jointly
and feverally Ihall be accountable for the amount of any and
every lofs that ffiall take place under policies thus fubfcribed :
And that no perfon, being a Director of any Company carry-
ing on the bufinefs of marine infurance, fhall be eligible as a
Director of the Company by this Act eftabllfhed : And ffiould
a mnjoritv of the Stockholders, at a meeting notified for the
purpoie, determine that their intereft will in their opinion be?
promoted by a removal to Batbt In faid county oi Lincoln, they
are hereby authorized to remove to the faid town of Bath, and
at that place tranlact their concerns as is provided for by this
Aa at Wifcrjet.

Sect. 12. Be it further enaaed. That the Prefident and

Directors of the faid Company Ihall, previous to their fub-

, ^ pfcriblng to any policy, and once in every year after, publifh

fiockiobcpub- i'T' two newipapers, one printed at Portland, and one printed

liflied. at fome town adjoining on Kennebeck River, the amount of

their flock, agalnft what rilk they mean to infiire, and the

largeft furn they mean to take on any one riik.

Sect. 13. Be it further enaFred, That the Prefident and

'tatcM-'ents to Directors of the faid Company fliall, when and as often as

be laid before required by the Legiflature of this Commonwealth, lay before

the Legiilature. ^\-^q^ ^ ftatement o't the affairs of faid Company, and fubmit

to an examination concerning the fame under oath.

Sect. 14. ^nd be it further enacted. That any four of the>
firft meeting. Stockholders are hereby authorized to call a meeting of the
members of faid Company, as foon as may be, in Wifcaffd, by
advertifing the fame for tiiree weeks fucceffively, in one newf-
paper printed at Augufla, and in Jenks's paper printed at Port"
land.

[This AiSt pafled February 12, 1803.]

BRADFORD FISHERY. 2v^. 12, An. 1803: 7.3

An ACT to regulate the taking of the Fifh called
Ale wives in Jolwjions Brook, fo called, emptying
into Merrimack River, in the Town of Bradford, and
for clearing the Pairage-Way of (liid Fifti, from
faid Merrimack Ri^er to John/ion s Pond, and from
thence to Little Pond, fo called.

„ nE it enacled hy the St'?mtc and Idoufe of Reprefenta-

■*-■* lives, in General Court ajjimbled,and by the author-
ity of the fame. That from and after the pafling of this Act, the .
faid fifh may be taken between where the faid John/Ion s Brock ^ ^^ taken.
croiTes the road, near Benjamin IvlorfJ?, and Carlton^ grift-mill
dam, and in no other place in faid brook or pafTage-way from
Merrimack River to Little Pond, fo called, and on fuch days
only as are allowed by law for catching fiili in Merrimack Riv-
er ,- and on fuch of thofe days, and fn fuch place or places
within thofe limits, as a Committee who may be appointed by
the town, as is hereinafter provided, may direct.

Sect. 2. j^nd be it further enacled, Tiiat the inhabitants
of the town of Bradford, at their meeting for the choice of
town officers in March or April annually, be, and they are
hereby authorized and empowered to choofe by ballot three i '"T^rl

or five perfons, being freeholders in faid town, a Committee en.
to ovcrfee the taking of the faid filh as aforefaid ; which
Committee fhall be fworn to the faithful difcharge of their
truft, and Ihall diftribute the filh taken by them, or under
their direction, as equally as circumftunces will admit, to fuch
of the inhabitants of the faid town, or other perfons, as may
apply for the lame : And for filh io fuppiied and delivered,
the Committee aforefaid fliall demand and receive of the per-
fon or perfons applying therefor payment, at fuch rate or
rates as the inhabitants of faid town at their annual meeting:
in March or April may direct ; excepting of fuch poor per- Certain poof
fons as (hall be named in a lilt to be annually made out by the perions to hav«.
Selectmen of the town, and who, in the opinion of laid Se- ^^^ "'
ledtmen, are unable to pay for the fame ; which lift fhall he
given to the Committee, and the perfon or perfons borne on
iaid lift Ihall be fuoolied with fuch Quantities of faid fiih cra-
tis as the Committee may think expedient : And the Com-
mittee aforefiiid fliall liave fuch allowance for their fervices f^"omn)ittee t«
as the inhabitants of faid town, in open town-meeting, may ^ ^*' *
determine ; and Ihall, annually, in the month of September
next after their appointment, exhibit their accounts to the Se-
lectmen for fettlement, and pay the balance, if any there is,
into the town treafury, for the benefit of the faid town.

Sect,

Vol. hi. K

74 BRADFORD FISHERY. FcL 12, An. 1803.

Sect. 3. And be it further enaFiedy That the Committee
to be chofen as aforcfaid, or the major part of them, be, and
Committee they are hereby authorized to clear any obftruftions, or
niay open opgn jmy dam, or the fluice of any mill, or other water-works,
^^' that is or may be erected on or over faid brook or pafTage-way,
at the expenfe of the owner or owners of fuch dam or fluice-
way : Provided fuch owner or owners fliall negle£l to open the
fame when thereto required by faid Committee, or the major
part of them, as aforefaid : And the dam or fluice-way fo
opened fhall continue open to fuch width and depth, and for
fuch length of time (not exceeding fixty days in one year) as
faid Committee, or the major part of them, may think necef-^
fary, with the leaft poffible damage to the Proprietor or Pro-
prietors of fuch mill or water-works : And if any perfon or
perfons fliall obftrudt the paiTage-ways allowed or ordered by
the faid Committee, or the major part of them, in any dam or
fluice-way, or Ihall obftruft the pallage of the faid flih in any
other part of faid brook or paflage-way than is permitted by
P It f rol- *^^^^ '^*~^' fuch perfon or perfons fo offending fhall forfeit and
ftruding paf- P^y ^ fum not exceeding one hundrtd and fifty dollars^ rjor lefs
fcige-vvays. than thirty dollars.

Sect. 4. Ami he it further enacled', That if any perfon or
perlbns other than the Committee, or fuch perfon or perfons
as fhall be by them employed, fliall take any of faid fifh in faid
brook or palTage-way, or any part of it, at any time, or by
any ways or means whatfoever, each perfon fo offending fliall
— for illcn^ally forfeit and pay a fum not e":ceedingyfw« dollarsy and not lefs
taking the filh. ^^^,^ j^^^^ dollars, for each offence. '

Sect. 5. And be it firiher enacledy That the Committee
chofen as aforeiaid, or either of them, or any perfon employ-
ed by them, fliall have authority, for the purpofes aforefaid,
'Committee- to go on the land or meadow of any perfon through which
"^^■"rd"'red° ^^ ^^^^^ brook or paffage-way paffes, without being confid-.
te-efpaflcTB. ered as trefpaffers •, and any perfon v^'ho fliall moleft or
hinder faid Committee, or any of them, or any perfon em-
ployed by them, in tlic execution of their duty, fhall be fub-
^ je6l to the fame penalties as by this AiSl is incurred for placing
obilruftions on faid brook or paffage-v/ay.

Sect. 6. And be it further enacled, That if the Committee
or either of them ftall detcft any perfon or perfons in at-
tempting to take any of faid fiih, at any time or place, or in
any manner otherwife than is allowed by the faid Committee,
or fhall hnd any fuch filh with fuch perfon or perfons, they
Perfons to r.c- fliall be confidered and deemed to have taken fuch li(h unlaw-
coiint for fifh f^Hy^ and fhall be fubject to the penalties of this Act accord-
f.mndiu tl-'-ir . , I ^^'^ 1^ foj-j oj. porfons can make it appear (on

trial) that thev came by faid hfh in lome other way.

Sect.

DANA. iv/'. 12, An. 1803. 75

Sect. 7. And he it further etwHed, That if any minor or
fervant fliull be found taking any of faid li(li in anywife con-
trary to this Aft, or contrary to the rules or regulations of
faid town of i5rar//;rfl', or their Committee as aforefaid, xhQ^^'^^^^l^'^'f'

,. •' r cr \ • r n „ countable for

parents, guardians, or maiters or iuch mmors or lervants Ihall minors.
be held to pay all fines incurred by them for any breach of
this A<St, or the rules and orders of the town aforelaid.

Sect. 8. And be it further etiacfed, That it fhall be the
duty of the Committee of the town, chofen as aforefaid, and Co-nniittee to
of the Selectmen, to profecute for any breach of this Aft, and profccutions.
all profccutions on this Aft fliall be brought in the name of
the Town-Treafurer for the time being, and all lines
or forfeitures recovered thereby fhall accrue one moiety to the
complainant, and the other moiety to the ufe of the town.

Sect. 9. And be it further enacted-, That no perlon iliall be
confidered as difqualified from being a witnels on any trial
that may be had purfiiant to this Aft, on account of his be-
longing to the town of Bra ford.

[This Aft palTed February 12, 1803.]

Witneffes,

An ACT in addition to an Act, entitled, " An Ad to
incorporate a Number of the Inhabitants of the
fouth-wcderly Part of Pcterfhani, and the north-
weilerly Part of Hardwick, in the County of Wor- ^'^* '2' '°^-
cejfer^ and the north-eafterly Part of Gree?izvirb^ in
the County of Hampjhire, into a Town by the Name
of Dana.'*

WHEREAS it has been reprefented to the Legiflatura
by the faJd towns of Peterfxim and Dana, that fome Preamble,
part of the boundary line between faid towns, as defcribed in
faid Aft, is inaccurate, uncertain, and different from what ths
parties intended, whereby difficulties and difputes niay arife :
Therefore,

Be it enacted by the Senate and Houfe of ReprcfsntativeSy iu
General Court ajfembled, and by the authority of the fame. That
from and after tlie palling of this Aft, the boundary line be-
tween fixid towns of PeterJJjani and Dana, running wefterly
from Three-Penny Morris Hilly fo called, fliall run as follows,
viz. Beginning at a maple tree on the eaflern declivity of faid Bound?.rie» da-
hill, and running north one hundred and twenty-eight rods,/'="^^'^*
to the road leading from faid Peterfjamto Dann ,- thence weftj,
thirty-four degrees fouth, on the fouth lide of faid road twen-
ty rods and an half 5 thence fouth thirty-four degrees, weft
ten rods ; thence weft nine degrees, fouth eight rods j thence
weft four degrees, fouth twenty-five rods, to a walnut tree on

the

yS DANA. -F^^.i2,An.i8o3.

the fouth fide of faid road ; thence north, croffing the road,
two rods, to a large rock ; thence weft fixteen degrees, fouth
eighteen rods ; thence weft twenty-nine degrees, fouth fix-
teen rods, to an oak tree ; thence north forty-two decrees,
weft twenty-eight rods, to the line of Seth Wi/'/iams's hnd-,
thence north twenty-feven degrees, eaft two hundred and for-
ty rods, to the north-eaft corner of faid Williams's land 5
thence weft fourteen degrees, north fixty-four rods ; thence
north thirty-two degrees, weft fifty-eight rods, to the road j
thence fouth fourteen degrees, weft, on the eaft fide of faid
road, thirty-four rods 5 thence weft twenty-f^^ e degrees, fouth
three rods, acrofs faid road to a corner of Elijah liiulreth's
land ; thence on the fouth line of faid HUdnth's land eighty-,
feven rods ; thence north thirty degrees, weft fourteen rods,
to a corner of faid TVillianis's land ; thence fouth twenty-eight
degrees, weft fifty-two rods, on the line of find Williams'^
land J thence north thirty-one degrees, weft forty-nine rods ;
thence north thirty-two degrees, eaft ten rods ; thence north
five degrees, weft twenty-two rods ; thence fouth thirty-four
degrees, weft eighty-four rods, to a corner of faid Wiltintius
land ; thence weft thirty degrees, north eighty-fix rods, to
- Jonathan Sanderfcn's land ; thence fouth thirty degrees, wefl
fifty-fix rods ; thence weft twenty-two degrees, north one
mile and fixty-eight rods, to the eaft line of Jofeph Hendrick's
land ; thence north four degrees, weft feventy-fix rods, on
faid Heruhick's line, to the north-eaft corner of his land j
thence weft four degrees, fouth twenty rods ; thence north
five degrees, weft fixty rods ; thence weft fixteen degrees,
north twenty-three rods, to George Hatjlratl's land, a corner i
thence fouth fifty-two rods, to a white-oak tree ; thence weft
three degrees, north thirty rods, to the eaft line of Z^^/^zV/jB/^g^-
eloiv's land ; thence fouth fix degrees, weft one hundred and
forty-fix rods, to a corner of Daniel Gould's land ; thence
porth thirty-fix degrees, weft two hundred and four rods, to
a pine tree 5 thence weft thirty-feven degrees, fouth twenty-,
eight rods, to a corner of Alpheus CroivVs land ; thence north
thirty-feven degrees weft, one hundred and fifty-one rods, to
Neiv-Snlem line ; thence weft thirty-feven degrees fouth, on
NeiL'-Salcm line, ninety rods, to the original fouth-wefterly
corner of faid Peieypam ; any thing in the aforefaid A€t to the
contrary notwithftanding.

[This Act pafTed February 12, 1803.]

FFITH MASS. TURNPIKE, &c. Feb,i2,An.i^oi, 77

An ACT in amendment of an Ad, entitled, "An Acl
to preferve and regulate the taking of Fifh called
Alewives, at Neguajfet Falls, fb called, within the
Town of Woolwich^ in the County of Lincoln,'' pafT-
ed the Firft Day of March^ One thoufand eight
hundred.

T}E it enacted by the Senate and Hoiifc of Reprefenta-
DECT, . ±j ^^Vj^j.^ -^j^ Qg,]gi'al Court offeinbled, and by the author-
ity of the fame, That the Filh Commit' ee in the town of Wool- FHh Coramit.-
nuich, provided in the Act to which this is in addition, fhall tee to remove
have full power, and it Ihall be their duty to remove all logs, ^^^""^"y <^«-
boards, flabs or other lumber from the pafTage-way of faid
alewives, from the waters at, above or below the faid falls of
Neguafit, if fuch lumber fliall, in the judgment of the faid
Committee, tend in any way to obftruft the free pafTage of
faid filh up or down the faid falls at Negunffet, and all fuch
removals fhall be at the expenfe of the faid town of Woot-
ivich.

Sect. 2. u4nd be it further enacled, That if any perfon
whomfoever, except the purchafw or purchafers, or iuch oth-
er perfon as liiall be duly authorized by the faid town of
Woolwich, at their annual meeting in the month of March or
April, fhall take any of faid alewives at Neguajft Falls, or
within half a mile above or below the faid falls, or in the Penalty for il-

pond or ftream leading thereto, he or they fliall forfeit and l«-'gally takujg
pay for every filh fo unlawfully taken, a fine not exceeding ' ^"^ *
ten cents, nor lefs than three cents.

[This Act pafled February il, 1 803.]

An ACT in addition to an AcT:, entitled, " An Aft

eftabhftiing The Fifth Mafflichufctts Ti'.rnpikc Corpo-'^'^^^^^''^'Ti^
ration."

Sect. i.

T^E it enabled by the Senate and Houfe of Reprcfenta-
■^ fives, in Genera! Court ajfembled, and by the author-

ity of the fame. That the Proprietors of The Fifth Maffachufttts
Turnpike Corporation be, and they are hereby authorized and
empowered to make and extend their road from Athd, through ^°^'^.^° ^^ ^^''
the weft part of Royalfon, to the line of the State of Neiv-
Humpflnre, at Richmond, where the new county road is now
laid out.

Sect. 2. And be it further enabled by the authority aforefaid.
That vx^iienever the road as aforeiaid, from Athol to Richinond,
fhall be made, and accepted by a Committee to be appointed for

that

j^S SIXTEENTH Mx\SS. TURNPIKE. 7^^.14, An. 1803.

that purpofe by the Court of General Seffions of the Peace in
and for the county of IVorceJler, that then the Proprietors of
faid Corporation 'lliall be allowed to take and receive at the
prefent erected gates, the following rates of toll, viz. For every
coach, phaeton, or other four wheel carriage, drawn by two
Toll eftablilh- horfes, Hventy-jive centSi and for each additional horib, fix and
"*'*• C71S quarter of a cent ; for each cart or wag;;on, drawn by two

oxen or horfes, tavehe and one halfcentSy and for each additional
ox or horfe, fix and one quarter of a cent ; for each curricle,
Jixteen cents ; for each chaife, chair or fulkey, drawn by one
horfe, twelve and one half cents ; for every fleigh or fled, drawn
by two oxen or horfes, ten cents, for each additional horfe or
OIL, four cents ; for each man and horfe,^'7A^ and one quarter of a
cent ; for each fleigh, fled or cart, drawn by one horie, /even
cents ; for all cattle, horl'es or mules, led or driven, one cent
each ; and for all fheep or fwine, three cents by the dozen :
Ihrovifo. Provided neverthelefs. That nothing in this Act, or the A£l: to

which this is an addition, fliall extend to entitle faid Corporation
to demand or receive at their gate in Athcl, toll of any perfon
travelling with his horfe, team, carriage or cattle, on the old
road leading from Peterfham to Ro\a!JIon mecting-houfe, nor of
any perfon travelling as aforefaid on faid road, who ihall not
exceed the limits of the town of Athol : Provided alfo. That
faid Corporation fhall be under the fame reflri(R:ions refpecting
all perfons travelling as aforefaid on faid new county road, until
the fame is made into a turnpike, and accepted as afore£fid.

Sect. 3 . And be it further enaSted, That if any pcribn, under

pretence of travelling on the old road leading from Petefjhani to

Royalflon meeting-houfe, or of not exceeding the limits of the

town oi Athaly or of travelling on the new county road according

to the provifion in this A61, with an intent to avoid paying toil,

Pcnalffor im- ^'^'^ ihall thereby evade paying the fame, and ti-avel on the

properiyevad- turnpike road contrary to faid provifion, he fhall forfeit and

ing the toll. p^y ^-q j-i^^ proprietors of faid Corporation the ium of ten dollars.

Sect. 4. And be it further enacted. That the Proprietors of

Corporation ^^'^^ Corporation, at any meeting notified for that purpoie, may

may vote inon- vote and appropriate fuch ium or fums of money as they may

jes for ceruin think ncceiTary for making or repairing any road or bridge

purjjo I.S. leading into the turnpike road.

[This Act palled February I2, 1 803.]

An ACT to eftablifh The Sixteenth Majfachufeits Turn-
pike Corporo-tion.
o TiE it enatied by the Senate and Houfe of Reprejenta-

V ' -*^ tives, in General Court afemblcd, and by the author-
ity of the fame J That Tiimthy Robinpn^ Titus Fowler ^ 'John Phelps,

Natha,

SIXTEENTH MASS. TURNPIKE. J>^. 14, An. 1803. 79

Natha. Bates, Enoch Bancrcfty Oliver Dichinfon, Mofes if^om, ^^^^^ ^f •_
Ifrael Parfons^ Ezra Baldwin.^ Peras Mayfiall, jun. Stephen fons incorpora*
Dodge, Chatmcy B. Foiuler, iFillicin Moore, Ephrarm A. Jiidfon, ted.
William Grufiger, Ehhu Granger, Drake Mills, Elijah Deming,
George W. Stores, Nicholas ^yrault, Sanfjrd Brcujn, Sa?nuel
Chamberlin, Ifaac Lee, William P. Stevens, Eiichim Hull, Jona-
than Ktlborn, Jabez Bofnvorthy Freeman Smith, John Manly, Afa
Shelden, jun. Zenas Hyde, John Brigham, Elijah Catlin, John
Dodge, Noah Church, James Spragi/e, and all fuch perfons as
lliall aflbciate with them and their fucceffors, Ihall be a Cor-
poration by the name of The Sixteenth Ma'Jachufetts Turnpike
Corporation, vnt\\ all the powers and privileges incident to Cor-
porations, for the purpofe of hying out and making a turnpike
road, from the weft line of Weji -Spring field, in the county of
Hamppin, near a chefnut tree marked, about feventy rods eaft- Courre of the
ward of Ahj'es Hays,]nx\'?,. dwelling-houfe in South-wick ; thence ^<^^^
weftward, in the moft convenient route, to Edmund Barlo'w's
dwelling-houfe in Granville ,■ thence weftward, in the moft
convenient route, to the middle and weft pariih meeting-houfes
in faid Granville; from thence, in the moft convenient route,
to the dwelling-houfe of Sanford Broivn, in Sandisfield, in the
county of Bcrkjljire ; from thence, in the moft convenient route,
to the mceting-hnufe in faid Sandisfield ; from thence weftward,
in the moft convenient route, to the weft line of faid Sandisfield^
near a large gate in front of Jabez Bofivorth's dwelling-houfe y
from thence, in the moft convenient route, to the turnpike road
leading from Hartford to- Hudfon, near the meeting-houle in
Shefiield, and for keeping the fame in repair ; which road fhall
not be lefs than four rods wide in any place, and the path to be
travelled on not lefs than eighreen feet wide : And that when
faid turnpike road ftiall be fuftlciently made, and fhall be fecured
with railing in dangerous places, and fhall be i^o allowed and
approved by the Juftices of the Courts of Common Pleas for
the counties of Hampfijire and BerkJJnrc, at any term thereof,
then the faid Corporation ftiall be authorized to ereft two gates p^ur gates t»
in the county of Hampfijire, and two gates in the county of be creded.
Berkflnre, on the fame, in fuch places as the Juftices of the
Courts of Common Pleas in faid counties of Hampfijire and
Berkjhire ftiall determine ; and ftiall be entitled to receive for
each traveller and paftenger, at each of faid gates, the following
rate of toll, viz. For evci-y coach, phaeton, chariot, or other -p^ij cftali'ifk-
four wheel carriage, drawn by two horfcs, tvjcnty-five cents, and ed.
it drawn by more than tAvo horfes, an additional fum oi jour
cents fcr each horfe ; for every cart or waggon, drawn by two
oxen or horl'es, ten cents, and if drawn by m.cre than two oxen
or horfes, tlie additional fum of three cents for each ox or horfe j
for every curricle, t",vehe ccjiU and five mills ; for every chaife,

ci^air

to SIXTEENTH MASS. TURNPIK:E. Feb.i 4, An.iBo^.

chait'^W other carriage, drawn by one horfe, twelve cents and
jive mills y for every man and horfe, Jive cents ; for every fled
or fleigh, drawn by two oxen or horfes, /even centi^ and if drawn
by more tharl two oxen or horfes, an additional fum oitnvo cents
for each ox or horfe 5 for every f^fed or fleigh, drawn by one
horfe, five cents ; for all horfes, mules, oxen or neat cattle, led
or driven, befldes thofe in teams and carriages, one cent each ;
for all fheep or fwine at the rate of three cents per dozen : And
whenever the laid turnpike road is made and completed, from
the faid weft line of Wefi-Springfieldi to the meeting-houfe in
Sheffield^ or any ten miles thereof, and approved by a Conimittee
appointed by the Courts of General Seffions of the Peace for
the refpective counties of Hampfinre and Berkfijire for that
purpofe, then the faid Corporation fhall be authorized to ere6t
a gate on the fame, in fuch place as the faid Committee fhall
judge rieceffary and convenient for collecting the toll, and fhall
be entitled to receive thereat, from each traveller or pafienger,
p .J. the fame rate of toll as heretofore expreffed : Providedy That if

faid Corporation fllall neglecl to finilh and complete the whole
of faid road within the time hereinafter prefcribed by this Acl,
then the faid firft mentioned gates flaall be removed : Provided
alfoy That the Corporation may, if they fee fit, commute the rate
of toll with any perfon, or the inhabitants of any town through
which the faid road pniTes, by taking of him or them a certain
lum annually, to be mutually agreed upon in lieu of the toll
aforefiid.

Sect. 2. And he it further enaHcdy That the faid Corpora-
tion mav purchafe and hold lands over which they may make
faid road ; and the Juftices of the Courts of jGeneral Seffions
of the Peace in the counties where the faid road is, are hereby
authorized, on application of fdd Corporation, to lay out faid
road, or any pnrt thereof within their refpeftive jurifdidlions, as
with the confent of faid Corporation they Ihall think proper :
And the faid Corporation fhall be liable to pay all damages that
CorpAratioti li- {^^11 arife to any perfon by taking his land for fuch road, when
able for damao:^ ^i^^ fame cannot be obtained by voluntary agreement, to be
land. " eftimated by a Committee of the Court of General Seffions of

the Peace in the county where fuch damage fhall arife, faving
to either party the right of trial by Jury, according to the law
which makes provifion for the recovery of damages ariling from
the laying out of highways.

Sect. 3. Ana be it further enaBed, That if the faid Corpora-
tion, their toll-gatherers, or others in their employ, ffiall unrea-
fonably delay or hinder any traveller or paflenger at either of
faid gates, or fliail demand or receive more toll than is by this
Penalty for de- ^^^ eftablillicd, the Corporation ihall forfeit and pay a lum not
laying pu ea- g^j^-gg^jji^g fg„ dollars noF lefs than one dollar^ to be recovered

bexcre

SIXTEENTH MASS. TURNPIKE. Ji5.i4,An.i8.

^j'

before any Juftico of the Pence of the county where the offence
ifhall be committed, by any perfon injured, delayed or defrauded,
in a fpecial adlion of the cafe j the writ in which cafe fliall be
ierveJ oh i?Ad Corpdration, by ieaving a copy of the fame with
the Treafurer or any individual member, at lead feven days
before the day of trial ; and the Treafurer of faid Corporation,
or any individual merriber) fhall be allowed to defend the fame
fuit in behalf of faid Corporation : And the faid Corporation
Ihall be liable to pay all damages that fhall happen to any per-
Ton from \vhom the toll is demandable, frorri defeft of bridges,
oi* want of repairs in faid roid, and fliall alfo be liable to pre-
fentment by the Grand Jury for not keeping the fame in repair ;
and if thd faid road, or any part thereof, Oiall be I'uffered to be
but of repair, the Jiiftices of the Court of Common Pleas within
and for the county wherein the fame may lie, or a major part
of them, or a Committee to be appointed for thtit purpofe by w r^

faid Juftices, are hereby authorized to order f .id gate?, or either ^.^^^^ jf ^j^^
of th(;m, to be fet open, faid JufticCs or their Comr'aitfee having road is not
previoufly notified the Clerk of raid Corporation of complaint ^'^P^ '^^ repair.
having been made of the badnefs of faid roadj at lead ten days
^i*evioufly to the ordering them to be fet open ; and immediate-
ly upon the leaving fuch order in writing, under the hands of
faid JiiRict??. or their Committee, t\'ith the Cleric of the Corpo-
ration, the faid gate or gates iliall be op*:ned, and no toll ihall
be legally demandable or taken thereat until the laid Juftices or
their Committee fliall grant a counter order;

Sect. 4. ^nJ he it furthtr enaciid^ That if any perfon fhall
tiit, break down, of othci-wire deftroy or injure either of the faid
turnpike gates, or flaall dig up or carry away any earth from faid
road, or any way damage the fam.s, or lliall forcibly pafs, or
attempt to pafs by force eitiier of faid g it'«s, without having f.rfl
paid the Itgal toll at fuch gat°, fuch peribn Ihall forfeit and pny Pchalty for iri-
a fine not exceeding forty dollars nor lefs than tii)0 djlldrSf to be jv.rii!'crhero:i'?;
recovered by the Treafurer of laid Cbrporation to their ufe, in a"d for evading
an aftion of trefpafs on the caf^ : And if any perfon with his
team, cart or horfe, turn out of faid road to pal's either of the
gates, arid agaiti enter the faid road, with an intent to evade th.e
toll due by virtue of this Aft, fuch perfon fliall forfeit and pay
one dollar^ tO be recovered by the Treafurer of th-e Corporation
to the ufe of the fame, in ail action of trefpafs on the cafe :
Prmidedy That nothing in this A61 ^hall extend to entitle the
faid Corporation to demand and receive toll from any perfon or
pferfons who fliall be pafHng with his horl'e or carriage to or
from public worfhip, or with his horfe, team or cattle, to or
from his common labour on his farm, or to or from any grill-
mill, or on the common and ordinary bufmefs of family concerns

within

Vol. III. t

82 SIXTEENTH MASS. TURNPIKE, ft-^. 14, An. 1803.

within the laid town, or from any perfon or perfons paffing on
military duty.

Sect. 5. Be it further enaBed, That the fhares in the faid
turnpike road fhall be taken, deemed and confidered to be
ered"pe?£ perfonal eftate to all intents and purpofes, and fhall and may be
cftate. Mode transferable ; and the mode of transferring faid fhares fhall be by
of transfer and deed, acknowledged before any Juftice of the Peace, and re-
ef attachment, ^^j. jgj ^y the Clerk of the Corporation, in a book to be kept
for that purpofe : And M'hen any fliare fhall be attached on
viefne procefs^ or taken on execution, an attefled copy of fuch
writ of attachment or execution flvall be left with the Clerk of
the Corporation, otherwife the attachment or taking in execution
Ihall be void •, and fuch fliares may be fold on execution in the
flame manner as is or may by law be provided for making faie
of perfonal property on execution, the officer making the fale,
or the judgment creditor, leaving a copy of the execution, and
the officer's return on the fame, with the Clerk of the faid
Corporation, within fourteen days after fuch fale, and paying
for the recording of the fame, fliall be deemed and confidered
as a fufUcient transfer of fuch fhare or fhares in the faid turn-
pike road.

Sect. 6. Be it further enaBedy That the faid Corporation is
g°aTmol?e"yto hereby empowered to grant monies to fuch perfons as rendered
certain perfons. fervices to the Proprietors in exploring the route of the turnpike
road, or otherwife, previous to this hdi of incorporation.

Sect. 7. Be it further enacted. That a meeting of laid Cor-

Firft meeting poration fhall be held at the houfe of Titus Foivler, Efq. in

for choice of QyanviUey on the fecond Llonday in May next, for the purpofe

officers, &c. ^^ choofing a Clerk, and fuch other officers as may then and

there be agreed upon by the faid Corporation, for regulating

the concerns thereof j and that tlie faid Corporation may then

and there agree upon fuch method of calling meetings in future

as they may judge proper.

Sect. 8. Be it further enaBedy That the fliid Corporation

fliall, within fix months after the faid road is completed, lodge

Aflatement of in the Secretary's office an account of the expenfes thereof;

ftxpenfes, &c. and fhall alfo annually exhibit to the Governor and Council a

to be exhibited. ^^.^^ account -of the income or dividend ariling from faid toll,

with their neceffary annual dlfburfements on faid road ; and

that the books of fliid Corporation fhall at all times be fubjeft to

the inlpection of a Committee to be appointed by the General

Courtp or to the infpection of the Governor and Council when

called for.

Sect. 9. Be it further enaBedy That whenever any Propri-
etor fliali neglea or refufe to pay any tax or afiefTment duly
voted and agreed upon by the Corporation, to their Treafurer,
within fixty days after the time fet for the payment thereof, the

Treafurer

DEERFIELD. F^^.14, An.1803. 83

Treafurer of faid Corporation is hereby authorized to fell at sh'aresofdelin-

public vendue, the (hare or fnares of fuch delinquent Proprietor, quent Proprie-

one or more, as fhall be fufficient to defray faid taxes and necef- ^°'^^ '<> ^ i°^

fary incidental charges, after duly notifying in the newfpapers

printed in Spritigfield and StockbriJge, the fum due on fuch

fhares, and the time and place of fale, at leaft twenty days

previous to the time of fale ; and fuch fale fhall be a fufficient

transfer of the fhare or fliares fo fold to the perfons purchaiing ;

and on producing a certificate of fuch fale from the Treafurer

to the Clerk of faid Corporation, the name of fuch purchafer,

with the number of Ihares fo fold, fhall be by the Clerk entered

on the books of the faid Corporation ; and fuch perfon fhall be

confidered to all intents the Proprietor thereof, and the overplus,

if any there be, paid on demand by the Treafurer, to the perfon

whofe fliare was thus fold.

Sect. 10. Be it further enaSfed^ That the faid Corporation
fliall, at all the places where the faid toll is colle£ted, eredl: ^'^"'^"^^'^ ^*
and keep conflantly expofed to view, a fign or board, with the ^ "^^
rates of toll of all the tollable articles fairly and legibly written
or printed thereon in large or capital characters.

Sect. ii. Be it further etmEled^ That the General Court General Court
may dilTolve faid Corporation, whenever it fliall appear to their i->.ay diflbJve
fatisfadlion, that the income arifing from faid toil fhall have '^^ Corpora-
fuUy compenfated the faid Corporation for all monies they have
expended in exploring, purchaiing, taking care of, and repairing
the faid road, together with an interelt thereon of j^-zi/^f/y^/jfr
centum by the year •, and thereupon the property of the faid
road fhall be vefted in this Commonwealth, and be at their
difpofal : Provided^ That if the faid Corporation fhall neglect
to complete the faid turnpike road for the fpace of five years
from the paffing of this A«St, the fame fliall become void and of
no effect.

[This Mi pafTed February 14, 1 803.]

An ACT authorizing the Town of Dcerjicld to loan
the Intereil of certain Monies in the Treafury of
faid Town.

WHEREAS the inhabitants of the town of Deer fields in Preamble,
the county of Hampfhirey have petitioned this Court
for liberty to put the interefi of the obligations in their town
treafury, fequeftered for the uie of the miniftry in faid town,
upon interefi, until there fhall be a fufiicient fum funded ia
addition to what is already fequeftered for that purpofe, to
fupport the miniftry therein :

Sect,

,1 A BEERFIELB. F^^. 14, An. 1803,

Sect, i . Be it therefire eitaB^'d h the SetiaU and Houfe ofRepre-^,

fentativfSy in Qefieral Court ajfemhled-, and by the authority of the favie^

i em- That the inhabitants of the town of Deerfield^ in their corpo-

, to put j.^j.g capacity, are hereby empowered to put the intereil of the

j;.^^'j."^j.^^^"^ " obhgations in their, trcafury as afore.vaid, on inter eil, until

there thall be a Sufficient fum funded for the. purpofe aforefaid

in manner following.

Sect. 2. B^ it further efinHedhy the (Mthority aforefaid^ Tliat
the faid inhabitants at their annual meeting in March or April
.^ be, and they hereby aj-e empowered to choofe by ballot fuita-
to be appoint- ^^^ perfoiis, freeholders a^d inhabitants of faid town, not ex-
^dfor the pur- ceeding feven, nor lefs than three, Vy-Jio iball be a Committee,
PftfC' v/hofe duty it Ihali be in behalf of iaid town, to put the mon-

ies ariiing from the intereft of the obligations aforefaid, at
intereft as foon as may be, and fe.cure the fame by mortgage
of real ellate, or by one or more fufficient iureties with th&
principal, unlels faid Comaiitiee, or the major pnrt of them,
Ihall think it befl: to invert the fame in public funded fecuri-,
ties or bank ftock, which they may do..

^, . „ Sect. -z. Be it further enacteJ^ That the intereft arlfin?
The intereft to . ^ •' e ■l. ■ n, u u ii r

be annually put from time to time on iuch monies, (nail be annually, or oiten-

at intereft. er if prafticable, put out at intereft and leciu-ed in manner
aforefaid, and alfo the intereft accruiug from the interelr, un-
t;il a fund ihall be accumulated which Ihall yield yearly a fum,
fufficient for the purpofe aforefaid.

Sect. 4. And be it. further ennEled^ That as foon as an in-
The intereft t.ereft fufficient for the purptofe aforefaid Ihajl accrue, the faidt
Vhen f"ffici.ent Qqj^^j^^j^j gg^ oj. ^j^^ :najor part of them, fiiall forthwith apply
Xo the fuTuoi't t^"ie f^^me for the annual fupport of the gofpel mini.itry there ;.
of the miniftry. and fo long as the faid town, at any tune, may be without a
fettled gofpel nainifter, the annual intereft aforefaid Ihall bo,
put out at ir^tereft and fecured as aforefaid, to increafe the
iaid fund, until there be a re-fettlement of aminifteras afore-
faid -, and it ffiall never be in the power of faid town to ahea-
s,te, or anywile alter ^he fund aforefaid.

Sect. 5. And be it further enacled, That the Committee

C-onimittee not for the fervices they may perform Ihall be entitled to no

tobepaiJhoiu compenfation out of anj monies arifmg from the fund afore-

this t'^nd. £^^j^ j^^j. if entitled to any, (hall receive the fame of laid towri,

as may be mutually agreed on.

Sect. 6. And be it further enacted^ That the faid Commitrf
Annual ftate- ^^-i^ "'^ requircxl, /hall exhibit to the town, ai: their annual meet-
rnent to be ex- ing in JVlarch or ApiHy a regular and- fair ftateinent of their
hiblted. doings.

Sect. 7. Be it further cnacled^ That t!ie faid Committee-,
Commjctee re- jj^^ each of them, ihall be reihouHble to tiie town, for their
segiigcuc-. perlcual negligence or nufcoiiduclj and l:r.ble to a luit rcr any

lois

PORTLAND EKNEV. SOCIKTY. K^b.is. An.i8o> 85

lofs or damage arifmg thereby; the debt or d^image recovered
in luch fuit to be for the ufe aiore!aid. _ . ^ Beouefl. &c.

Sect. 8. ^.d be U further e.aSIed, That any fum or futns f^^-f-^ ^^J;
which may hereafter be bequeathed, given or legally Jequelt- ^f ^,^, f^,„,j.
ered for the purpofe of fupporting the miniftry m laid town,
fliall be conlulered as a part of the fund abovementioned,
and be proceeded witii in the fame manner as is already pro-
vided.

[Thi3 Acl pafTed /v^-«.7»7 14, 1803.]

An ACT to cftablifh a Corporation, by the Name of

The Portland Benevolent Society.

WHEREAS the Rev. Samud Dean, D.D. together with
a number of perfons in the town of Portland, have p^^^^^^
contemplated the eftabUdmient of a Society m the laid town,
whofe bufinefs Ihall be to relieve and aflid thole objects of
compaffion, whofe circumftances may require relief in a man^
ner different from that which is by law provided for the iup^
port and emplovment of the poor ; comprehending therein
the widow and the fathcrlcfs, the de(litute and hclplefs ftran-
gcr, and all who bv ficknefs, infirmity or misfortune, may be
reduced to indigence ; and regarding the care of thcfe fath-
erlefs children, \vhom poverty ujay deprive of an opportunity
to obtain inftruaion and employment \ and generally to cx-
crcife fuch acls of charity, holpitality and benevolence, as the
funds of the Society IhaU allow ; they having agreed to fub-
Icribe to a fund, the intereft of which ihall he applied to the
purpoles aforefaid, and have prayed to be incorporated :^

Sect. I . Pie it thcrefv e enacled by the c,eiiaie and Ploufe of Rep-
refentativcs-, in General Court ajjlmbhdy and ty the authoriiy of the
fume. That Samuel Bean, Sami/el Ficeman, Tmiothy Hilh.rd,
nilliam Syminef, Robert Boytl, Jofeph H. hi^raham, Daniel Hoioe,
William JVaterhoufi, Pettuh Fcniald, John Tbrapcr, JoJiathnn Name* nf pet.
Dean, Edward Cobb, Jfeph P. pe, Daniel Tiber, S^;;.,. Z^c^r- fons incorpo.v
horn, Benjamin Gage, t/hac Parker, D.miel Johnjon, [foh't Tabor,
Hkirky Er-oing, I/auc Ufey, Natha?nel F. Fcjdiek, Nathaniel Cof-
fin, fumes D. Hoplim, jujhna Rogers, Lemuel IVeeks, FJijah
"'Kel/oorr^ Salmon Chafe, W'tUinm fenh, Be;i/ami:i Tit comb, Walter
Sim^U.n, Suphen Longfl/our,]nn. Pder Won en, John Hob>^rty
Reuben Morton, John Thurlo, HuvJj McLalla'.; Daniel Tuckery
David Green, William Gorham, fhn Waiie, A:b^rt N.wall, to-
gether with luch as may hereafter be aUbciated widi them
be^ and they are hereby incorporated into a Society by the
name of ThJ PjrtlaiJ Bencv:leni Society, for the purpofes above-.

mentioned.

^ ■ Sect.

S6 PORTLAND BENEV. SOCIETY. Fckis, An. 1803.

Sect. 2. Jnd he it further enaBed, That thefaid Samuel
Dean, and others above named, and their aflbciates as afore-
faid, fhall be and remain a Body Corporate by the faid name
and title forever ; and may have a feal, which they may alter
at their pleafure ; and the faid Society fhall be capable of re-
ceivmg, and have power to receive, from any perfon or per-
reXT™ ^°"^ ^^^P°^^^^ ^° ^^^ "^^ benevolent purpofes of this inftitution,
and bcquefts. f ^^ S''^^^^ °^ devifes of lands or tenements in fee fimple, or
lefs eftate, and donations and bequefts of money or other
property, to be ufed and improved for the purpofes aforefaid,
or fuch other benevolent purpofes as the donors may particu-
larly direct.

Sect. 3. And he it further enaBed, That the faid Corpo-
— to held real ration fliall be, and hereby are empowered to purchafe and
tllate. hold any re d eilate, other than what may be given as afore-

faid, i iovided the value of the whole eftate real and perfonal
of laid Society ihall not exceed the fum Qithirty thoufand dol-
lar'

rs.

Sect. 4. J?td he it further cnaBed, That the faid Society
May fuc and may fue and be fued in their corporate capacity, and may ap-
be fued. point an agent or agents to profecute and defend fuits, with

power of fubftitution.

SEct. 5. A>ul he it further emFiedy That the faid Society

OfEcers to be may choofe a Prefident, Vice-Prefident, Secretary, Treafurer,

rukreflabMi- C°''e<^'^«''» Truaees or Managers, and ibch other officers as

«i. t^^ey liiall fee fit j and make and eftablilh fuch rules and bj^-

laws, for the orderly conducing and executing the bufinefs of

faid Society, as to them (liall appear neceflary : Provided^ the

fame be not repugnant to the Conftitution or laws of this

Commonwealth.

Sect. 6. And he it further euacled. That the faid Society-
Real eflatc may may make fale of any real eftate, given or purchafed as afore-
befold. faid, (unlofs that which is given be otherwife exprefsly order-

ed or appropriated by the donor,) and convey the fame by
deed duly executed under the hand of the Prefident and the
feal of tJie Society : Provided^ That all monies arifing from
fuch lale be applied to the fame ufe to which the income
thereof was before applicable.

Sect. 7. And he it further enuBed, That Rev. Samuel Deati^

firii mcctin-..' ^^'^''] '^^' ''^"'^ hereby are authorized, by notification in the
Portland newfpapers, to call the firft meeting of faid Society,
at fuch time and place as they fliall judge proper ; at which
meeting the Society may agree upon a form or forms of fub-
fcription for the fund aforefaid, and upon a method of calUng
future meetings j and the faid Society may meet annually, or
©ftener as they (haiJ fee fit.

[This Ad paflcd Februnr^^ 1 1^, 1803.]

MERRIMACK INS. COMPANY. Feb.is, An.jSo^^ §7

An ACT to incorporate John Pear/on^ and others,
into a Company by the Name of The Merrimack
Marine and Fire Infurance Company.

„ T\E it enaEied by the Senate and Hoiife of Reprefenia^

-*-^ tives, in General Court ajjenibled, and by the author-
ity ofthefame^ That John Pearfon, and others, and liich perfons
as have already or hereafter Ihall become Stockholders in faid
Company, being citizens of the United Stater, be, and hereby
are incorporated into a Company and Body Politic, by the name
of The Merrimack Marine and Fire Lifurance Company, for and
during the term of twenty years after the palling this A<Sl; ^^T^*""^^"^^
and by that name may fue and be filed, plead or be impleaded, ted &c.
appear, profecute and defend to final judgment and execution ;
and have a common feal, v^^hich they may alter at pleafure ; iir.d
may purchafe, held and convey any eftate, real or peribnal, for
the ufe of faid Company, fuhje^t to the rtftridions hereinafter
mentioned.

Sect. 2. Be it further ennHedy That a fhare in the capital
ftock of the faid Company ihall be one hundred ddlars, and t'le
number of fhares fhall not be lefs than one thoufand nor more fl,arc*.
than two thoufand j and if the faid number of fliares are not
already filled, fubfcriptions fhall be kept open, under the in-
fpeftion of the Prelident and Direcftors of the faid Company,
until the fame fhall be filled ; and the v/hole capital ftock, eflate
or property which the faid Company fliall be authorized to hold,
fhall never exceed ttvo hundred thoifand dollars, exclufive of Capital ftock.
premium notes or profits arifing from faid bufinefs, of which
capital ftock or property a fum not exceeding thirty thoufand
dollars fliall be invefied in real eflrate.

Sect. 3. Be it further enacted, That the flock, property,
affairs and concerns of faid Company fhall be managed and con-
dueled by thirteen Directors, one of whom fhall be the Preildcnt „, „. .
thereof, who fhall hold their ofiices for one year, and until xzQ^ov%
others fhall be chofen, and no longer ; which Directors fhall,
at the time of their election, be Stockholders, and citizens of
this Commonwealth, and not Direclors in any other Company
carrying on the bufinefs of infurance, and fliall be elected on
the firft Tueiday in January in each and every year, at fuch
times of the day, and at fuch place in the town of Neivburyport
as a majority of the Directors for the time being fliail appoint,
of which eleftion public notice fhall be given in all the newl-
papers which are at the time printed in Neivburyport, and con-
tinued for the ipace oi twenty days immediately preceding fuch
election ; and fuch eiedlion fiiall be holden under the infpeftion
of three Stockholders, not being, Direftors, to be appointed
previous to every eiedtion by the Directors ; and diall be made

88 MERRIMACK INS. COMPANY. ^^^.15, An.iSoj^

bv ballot by a majority of votes of the Stockholders prefent,

No Stockholder jjj|g^y-j^ one vote to each ihare in the capital ftocic :■ Provided^

than°ao votes. That no Stockholder fliall be allowed more than twenty vote> ;

and the Stockholders not prel'ent may vote by proxy,- under I'uch

regulations as the f.dd Company fnall pi-cfcribe.

Sect* 4. Be it further enaBed, That the Directors fo chofen
„, . f p _ fliall meet as loon as may be aftei* every election, and flirdl
Cdcnt. " choofe out of their body one perfon to be Prefident, who fliall
prefide for one year, and until another fliall be cholen, and (liall
be fworn faithfully to difcharr^e the duties of his office ; and
in cafe of the death, refignation or inability to ferve of the
Prefident or any Director, lilch vacancy or vacancies flaall be
tilled, for the year in which tliey may happen, by a fpecial
election for that purpofc, to be held in the iiime manner as \i
herein before directed refpecting annual elcflions for Direftors
and Prefident.
Bo^rd totranf. Sect. 5. Be it further etiacicd. That the Prefident and fix
«<a bufinefi. of f ]^g EireftorSj or ieven of the Directors in the abfence of the
Prefident, fliall be a Board competent to tranfadl bufiucfs ; and
all queftions before them fhall be decided by a majority of
votes -, and they fliall have power to make and prefcribe luch
by-laws, rules and regulations as to them fliall appear needful
and proper, touching the management and difpolltion of the
ftock, property, eftate and effects of faid Company, and the
transfer of firares, and touching the duties and conduct of the
leveral officers, clerks and fervants employed, and the election
of Directors, and vtll fi.Kh matters as appertain to the bufinefs
?,"'"^"''y ^b*^ ®^ infur.mcc ; and ihr.U alfo have power to appoint a Secretary,
appointed. ^'^^ ^"^ many clerks and fervants for carrying on the faid bufinefsj
and with fuch falarits and allovvr.nces to them as to the faid
Board Ihnll feem meet ; provided fuch by-laws, rules and regula-
tions fliall not be repugnant to the Cohftitution or laws of tliis
Commonwealth.

^ r • Sect. 6. Be if ftrlher enncled. That the Prefident fliall not

Compenfation "^ /- ■ r • r l • r • 1 r u r . c

6f Prefident. rective anv compeniation tor h'.s lerviccs, unleis by conlent 01 a

majority of the Stockholders of f lid Company.
Diredor's Sect. 7. Be it further enact cdj Thar there fhall be ftatcd

tasedngs^ meetings of the Directors at leaft once in every month, and as
often v.utliin each mouth as the Prefident and Board of Direc-
tors fhall deem proper ; and the Prefident, and a Committee
of three Directors, to be by him appointed in rotation, fhall
alTemble daily, if need be, for the dilpatch of bufinefs ; and
the faid Board of Direftors, and the Committee aforefaid, at
and during the pleafure of the faid Board, ihall have power and
authority on behalf of the: Company, to make infurance upon
^at may be ^,g{r,]g^ freight, m^uey, goods and efrba-?, and againfl captivity
of perfons, and on tb.c life of any perfon during his abfence by

fea<

Merrimack ins, company. Fch.is,An.iSoy. 89

fea, amd in cafes of money lent upon iottim-y and refpondentui ;
and when the capital ftock or fund ot faid Company fliall
amount to the fum oF two hundrtH thoufuul lU'lars, and not
before, fhill alfo be authorized to make infurance on any raari-
llon-iioufe or oth«;r building, and on the goods and property
therein contained, againit dama,<^e arijing to the fame bv ircCy
originating ir. any caule except that of delign in the infured ;
and to fix the premiums and terms of payment : And all poli-
cies of infurance by them made (hali be fubfcribed by the Preli- Sybfcriptioii isF
dent, or in cafe of his death, ficknefs, inability or abfence, by policies.
any two of the l)ire<5fors, and counterfigned by the Secretary,
and Hiall be binding and obligatory upon the faid Company,
and have the like etfecl and force as if under the feal of faid
Company ; ana the afTured liiay thereupon maintain an action
Upon the cafe againfl the ijid Company j and all loITos duly
ariling under any policy io fubfcribed, may be adjufled and
fettled by the I'reildent and Board of Directors, and tiie fame
ihall be binding on the Company.

Sect. 8. Be h further enuiie.iy That it fliall be the dutv of _ i ,

the Dircttors, on the fecond Tuefday of Jam and Decevwer in 5'"TT" i,-

1 i-i 1 c (• y'^r, ■ ■ ^ .- dividenjj to be

every year, to make dividends or lo much oi the intereft anlmg made.

from the capital ftock and profits of ihe f lid Company, as to

them Ihall appear advifeable ; but the monies received, and

notes taken for premiums on rlfks, whicli /liall be outTranding

at the time of m.aking fuch dividend's, Hial! not be coniidered

as part of the profits of the Company ; And in cafe of any lois _ ^ r !■ «• *

or lolTes, whereby the capital ftock of the Company fliall be ^^hich diminim

lefTenedj each Proprietor's or Stockholder's eftate ihall be held the capital,

accountable for the deficiency that may be due on liis-fhare or

Ihares at the time of faid lofs pr loiTes taking place, to be paid

into the fiid Company by allcirments, or fuch other mode, and

at fuch time or times as t])ie Diredtors fliall order } and no fub-

fequent dividend Ihall be made, until a fum equal to fuch

diminution ihall have been added to the capital ; and that once

in, every two years, and oftener if required By a majority of

votes of the Stockholders, the Diredlors Ihall lay before the

Stockholders, at a general meeting, an exa(5I and particular

ftatement of the profits, if any there be, after deducting loffes

and diviciends.

Sect. 9. Be it further enacted^ That the faid Company Corporatloii
fhall not directly nor indireclly deal or trude in buying or fejlino- not to trade it»
^ny goods, wares, or merchandize, or commodities whatfoever ; e''«<^» *•=•
and the capital ftock of* faid Compaiiy, after being collected at
each inftalment, {KUi, within fi.x mouths after payment of each
inftalment, be inverted either in tiie funded debt of the United
iStates, or of this Ccmmoiiv/ealth, or in tlie ftock of tlie United

Siates*

Vot, IIL M

90 MERRIMACK INS. COMPANY. F^^. 15, An. 1803.

States' Bank) or of any incorporated Bank in this Commonwealth,
at the difcretion of the Preiident and Directors of faid Company,
or of other officers which the Proprietors fhall for fuch purpofes
appoint.

Sect. 10. Be it further enaBed^ Thzt Jifty dollars on each
Payment of in- fl^are in faid Company fliall be paid within fixty days after
ftalmcnts. ^^^ ^^^ meeting of the faid Company, and the remaining fum
due on each fhare within one year afterwards, at fuch equal
inflalments, and under fuch penalties as the faid Company fhall
direct ; and no transfer of any fhare Ihall be permitted, or be
valid, until tlie expiration of one year after the firft inftalment
fliall have been paid.

Sect. ii. Be H further enaBed^ That the property of any
Sharesliable to member of faid Company, vefted in the flock of faid Company,
attachment. ^^^|j ^^ liable to attachment, and to the payment and fatisfaftion
of his jult debts, to any of his bona fide creditors, in manner fol-
lowing, viz. In addition to the fummons by law prefcribed to
Mode of at- j^g ^tii with the defendant, a like fummons fhall be left with
execution. ^^ Secretary, of faid Company, and the debtor's fhare or fhares
in the faid Company's funds, together with the intereft and
profits due, or growing due thereon, or fo much thereof as fhall
be fufficient, fliall thereby be held to refpond faid fuit according
to law, and all transfers of the debtor's fliares not noted in the
books of the Company, previous to the delivery of fuch fum-
mons, fliall be barred thereby ; and execution may be levied
upon the property of any Stockholder in faid Company, and his
fliare or fhares therein expcfed to fale, in the fame manner as
is by law prefcribed where perfonal eflate is taken in execution j
and it fhall be the duty of the officer v/ho extends fuch execu-
tion, to leave an attelted copy thereof, with his doings thereon,
with the Secretary of faid Company ; and the purchafers fhall
thereupon be entitled to the reception of all dividends and
flocks which the debtor was previoufly entitled to ; and upon
any attachment bein^ made, or execution levied on any fliares
in faid Company, it fhall be the duty of the Secretary of faid
Company to expofe the books of the Company to the officer,
and to funiilh him with a certificate under his hand in his
official capacity, afcertaining the number of fliares the debtor
holds in faid Company, and the -uTiOunt of the dividends due
thereon.

Seci'. 12. Be it further enaaed) That in cafe of any lofs
^f^^^-°l ^°^^^. Oi" lolTes taking place, that fhall be equal to the amount of the
ca'plcal." capital ftock of tb.e faid Company, and the Prefident or Direc-

tors, after knowing of fuch lofs or loffes taking place, fliall
fubfcribe to any policy of infuvance, their eftates jointly and
feverally fhall be accountable for the amount of any and every
lofs that fliall take place under policies thus fubfcribed.

Sect.

ROCHESTER FISHERY. Feb. 16, An.1803. 91

Sect. 13. Be it further etiaHeJ, Tliat the Prefident and
Direftors of faid Company fliall, previous to their fublcribing (^^^l^.^jj^ i^
any policy, and once in every year after, publifli in all the lifhed.
newfpapers printed at the time in Neiuburyport, the amount of
their flock, againft what rifl?:s they mean to inlure, and the
largeft: fum they mean to take on any one rilk.

Sect. 14. Be it further enaBed^ That the Prefident and statements to
Directors of faid Company fhall, when, and as often as required he laid before
by the Legiflature of this Commonwealth, lay before them a '"^ Legiflaturc
ilatement of the affairs of faid Company, and lubmit to an ex-
amination concerning the fame under oath.

Sect. 15. And be it further enaBedy That John Pcnrfn and
Jofiah Smith are hereby authorized to call a meeting of the Manner of
members of faid Company as foon as may be, in Neivburyporty <^^'^'".g ^'^^
by advertizing the fame for two weeks fucceflivcly in the newf- ' ^*
paper printed in faid town, for the purpofe of electing the firft
Board of DirecStors, who fhcil continue in office until the firft
Tuelday of January next following, and until others are chofen
in their room. .

[This A£l pafTed February 15, 1803.]

An ACT in addition to the feveml Laws heretofore

made for the Prefervation of the Fiih called Ale- March i.iysg.
wives, in Mattapoijf^t River, in Roche/ter, in the June 15, 1789,
County of Plymmth^ and for regulating the taking ^^^' ^^' ^^^'*
faid Filh in faid River.

Sect, i

T)E it enaBed by the Senate and Houfe cf Reprefenta-
•'-' tivrs, in General Court ajfembied, and by the author-
ity of the faniCy That if any perfbn Ihall take any of faid fifh,
in faid river, or in the brook running out of Little Long Potid,
fo called, into Snipticit Pondy in faid RochejJery excepting the
purchafer or purchafers of the excluflve right of taking faid
iiih in laid river, according to the laws now in force with re-
gard to faid river, and thofe who are employed by fuch pur- _ , .
chafer or purchafers of f;ld Ayilege, Ihali forfeit and pay ie-^ally takin:^
fourteen dollars for each oiience ; to be recovered in the lame the fith.
manner, and to the fame ufes as are already provided in the
laws now in force with regard to faid riveiv

Sect. 2. And be it further enaBedy That if any purchafer
of faid privilege, or any perfon employed by fiich purchafer
or purchafers, fhall take any of faid fiih in faid river, or in
faid brook, at any other pla^, or on any other day, than the - , .
places or days contained in luch privilege, luch purchafer or ^g ^^ .^l -^^^
perfon iliall for each Ibch offence forfeit and pay the fum of proper times &;
fourteen dollars, to be recovered as aforefaid, for the ufes afore- Peaces,
feid.

Sect.

Opening
fluice-ways.

GARDINER. F^^.i;, An.iSoj.

Sect. 3. ^nu be It further etmcffdy That the owners c^
J. dams on laid river ihail continue their fluice-ways open, when
opened by the SeletStmen, until the twenty-fifth day of May
i^nnually, under the fame penalty as is provided in faid laws
for not keeping them open until the twentieth day of May.
Sect. 4. ^nd be it futiher enacted, TJiat the Seledlmen
^^^^fffe ^b'' °^ ^^^ ^ town of Roch:f}er are hereby aythorized to open,
ppened. i" each and every dam in faid river, wherever they Ihall thinl:;

proper, fufficient paflages for the young fifh to pafs down
faid river j and if any perfon fliall obftruct any fuch paflage,
io opened as aforefaid, without the confent of the Selectmen,
fliall for each offence forfeit and pay the fum o£ fjurtfcn dol-
lars, to be recovered as in laid law is provided for taking fiili
contrary to law, and for the fame ufe.

[This Act paffed Ftkniary 16, 1803,]

Soundarles.

Ijicc^ling
taxes.

An^ ACT to divide the Town of Fhtfton^ in the Coun-
ty of K^nniheck^ and to incorporate the weft Part
thereof into a Town by the Name of Gardiner.

^ T)E it enaElcd iy the Setiate and Hoiife of Reprefefitd'!

■ i^ivt's, iji General Court ajjind^led, and by the authon-
ity of the fame, That the town of Pittfon, in ^he county of
Kennebid, be, and the ianie hereby is divided into fcpiuate
towns by K.enneheck River; and that t(»9 weftern part of faid
tov.'n, as delcribed within the follov/ing bounds, to wit : lie-
ginning on Ktunebfck River aforefaid, at the north-eallerly
corner of the town oi Boivdoin ham ; thence running up lai.4
river 3[ on the middle thereof, to the louth line of the town of
Halloivell ; thence wefl-north-wefl:, on the aforefaid Ibuth line
to Cabbcflicontee Stream ,- thence Ibutherly, by tlie eafterly mar-
gin of laid llream, to the north-well" corner of Bonvdoinham
aforefaid, which is on the ibulherly fide of and near the out-
let of Jbirfi or Plcafnit Pond ; thence eaft-ibuth-eafi, on the
north line of faid Bowdoinhaw, to the firfi-mentioned boimds,
with the inhabitants thereo^dbe, and the fame hereby are in-
corporated into a difiincl towji by the name of Gardiner.

Sect. 1. And be it further tnancd^ 1 liat in all State taxes
which ihall be reouired of iaid towns, until a new general val-

tlic nation lliaU be taken, the fum of one dollar and fifiy-three cents
on one ihoufand dollars with which the town of I'liijlon is now-
charged, ih^il be divided equally between faid towns of Pitt-
Jlon and Gardiner. |||,

Provifjon rela- ' SliCT. 3. And be it further enacled, TJiat the inhabitants of
tive to the f^jj town tf Gardiner, and the non-rtlldent pioprietors of real
^.^(^^^'jgjj'^^j^'"'' or other ell ate therein, ihail pay all an-e;as pf taxes which

have

GARDINER. Feb.iy,An.iSo^. ^j

have been legally afleffetl upon them by the town of Pitt/Ion
prior to the pafTingof this AcT:; and in like manner fhall they
pay an equal proportion of all debts now due and owing from
the laid town of Pitifton ,- and (hall alfo be entitled to receive
an equal dividend of all debts or monies new due to faid Pttff-
ton from colledlors or other perfons.

Sect. 4. And be it further erw.aedy That the town maga-
zine of mihtarv ftores fliall be eftimated and equally divided Divifion of mil-
between the laid towns ox Pittjion and {janlmer ; and m cale
there are any balances of money which has been r.r.fed by the
town of PUlJiotiy and apportioned to the fchool diftri(5t>, for
the education of children, now due to either of laid diftricVs
in the town of Gardiner, the fame (hall be paid over by the
Treafurer of laid Piiijhn to the Treafurer of faid Gar diver.

Sect. 5. Atid be it further enacled. That the inhabitants of
faid towns oi Pittfjn and Gardiner Ihall be charg-eable in equal Support of the
proportions with the expenfe of fupporting the poor, who, at poor,
the time of paffing this Adt, are the proper charge of the town
of Pitlflo't ; and if any perfon or perfons heretofore belonging
to the town of Pitfjlon aforefaid, and having removed thence
fliall be returned thither again and become a public charge,
the fame fliall be paid equally by the laid towns of Piitflon
and Gardiner.

Whereas there is a religious Society Incorporated by the
name of The EpifcopaHan Society in Pittjion, confifting of mem-
bers from various parts of faid town ; and the houfe of public
worfliip being on the weft Ude of Kenncbech River .- And
whereas doubts and difputes may arife in regard to the operas
tion of this A(X on faid Society : Therefore,

Sect. 6. Be it further enabled, That this Act fliall not ex- ^ certain AA
tend, nor be conflrued to extend to the infringement or an- nottobeaffed-
nulling in any manner or degree whatibever, an A(Sc, entitled, ed.
" An Act to incorpori'te a number of the inhabitants of the
town of Pittfion^ in the county of Lincoln, into a parilh by the
name of The Epifc^palinn Society in Pitt/Ion."

Sect. 7. And be it further enacted, Tiiat Jedidiah Jeii^'et^
Efq. be, and he hereby is empowered and required to illlie his Mode of call-
warrant, directed to fume principal inhabitant of faid town of '"« '""^ mest-
Gardiner, requiring him to notify and \\'?sn the inhabitants of '' ^'
faid town qualiiied to vote in town aif.iirs, to ailemble at fuch
time and piace in laid town as lliail be exprefl'ed in laid war-
rant, to choolc all fuch officers as other towns within this
Commonv/ealth arc by law authorized or required to choofe in
the months of March or April annually, and to tranfafl fuch
other matters and thini^s as mav be neceffarv and lawful at
laid meeting ; and the officers chofen as aforefaid iLall be
qualified as other town officers are.

[This A6t palled February 17, 1 803 J

94 SCARBOROUGH TURNPIKE. F^^. 1 8, An. 1803.

An ACT in addition to an AS:, entitled, " An Acl
June 24, 1802. for eflablifhing a Turnpike Corporation within the
Town of Scarborough.'*

c TDE it ena^ed by the Senate and Houfe of Reprefenta-

■'-^ tives, in General Court ajjemhled^ and by the author-
ity of the famey That the turnpike road heretofore granted by
the faid A61 fhall commence at a bridge near the dwelUng-
Courfe of the houfe of Nathaniel Mofes ; from thence to be continued acrofs
road. jj^g upland and marlh in a fouth-wefterly courfe, until it meets

the prefent county road, near the dwelHng-houfe of John Al-
ger MilUken.

Sect. 2. Be it further enacted by the authority aforefaidi That
as foon as the faid turnpike road is completed, then the faid
Corporation fliall be authorized and empowered to ere6l a
turnpike gate on the fame, in fuch manner and place as fliall
be necelTary and convenient, and (hall be entitled to receive
from each traveller and paffenger the following rate of toll.
Rates of toll, viz. For every coach, phaeton, chariot and other four-wheel
carriage^ tiventyfive cjtits ; for every curricle, feventeen cents ;
for every cart, waggon, fled or other carriage of burthen,
drawn by two oxen or horfes, eight ccntsy and if drawn by
more than two, a further fum of tivo cents for every fuch ox
or horfe ; for every chaife, chair, or other carriage, drawn by
one horfe, twelve cents a?id an halfy and if drawn by more than
one, a further fum of two cents for every fuch horfe ; for eve-
ry man and horfe, fix cents ; for every cart and horfe, eight
cents ; for every fleigh drawn by one horfe, fx ceiits^ and if
drawn by more than one, a further fum of iivo cents for every
fuch horfe ; for all horfes, mules, oxen or neat cattle, exclu-
five of thofe rode on, or in carriages or teams, two cents each ;
for each foot traveller, tivo cents ,- for all Iheep and fwine, at
the rate olfix cents for one dozen : And to each team one per-
fon and no more fl)all be allowed as a driver to pafs free of
toll : Provided) That nothing in this A61 Ihail extend to enti-
iTcmptions ^^^ the laid Corporation to demand and receive toll of any per-
from toll. fon, inhabitant of the faid town, who fhall be pafling with his
horfe or carriage to or from public worfliip, or Avith his horfe,
team or cattle to or from his common labour on his farm, or
to or from any grifl-mill, or on the common and ordinary bu-
ll nefs of family concerns, within the limits of faid town, or
from any perfon or perfons paffing on military duty.
?arts of former Sect. 3. Be it further enacl-cdy That fo much of the firft
Aift repealed, and third feclions of the former Act aforefaid as are relative to
the foregoing objects of the prefent Act, be, and are here-
by repealed.

[This Aa pulTed February 1 3, 1803.]

NEW-MEADOW BRIDGE, &c. F^-^. 19, An. 1803. 95

An ACT in addition to an Acl, entitled, " An Ad to

incorporate Jojhua Shaw, and others, for the Pur- peb. 16, iSo*.
pofe of building a Bridge acrofs New-Meadow River*

T)E it enaBed by the Senate and Houfe of Reprefentatives, in
■^ General Court affembledy and by the authority of the fame.
That the Proprietors of faid Bridge {hall make and keep
a convenient and fufficient draw or paflage-way, at leaft eight
feet wide, at fome place in faid Bridge proper for the paffing
and re-paffing of veflels or boats by day and by night through
the faid Bridge ; and that any perfon paffing the fame with
his veflel or boat ftiall raife the faid draw, and immediately af-
ter the paffing of fuch velTel or boat let down the fame, at his
own expenfe.

[This Aft pafled February 19, 1803.]

An ACT to fet off Robert Hajly from the Second, and
to annex him and his Eftate to the Firft Parifh in
Scarborough.

T}E it enaEied by the Senate and Houfe of Reprefentatives^ in
•^ General Court ajfembled, and by the authority of the fame.
That Robert Hafy, of Scarborough^ in the county of Ciwiberland,
with his eftate, be, and is hereby fet ofF from the fecond par-
Ilh in Scarborough, and annexed to the firfl parifli in the laid
town : Provided the faid Robert Hafy fliall pay his proportion
of parifli charges due from him to the faid fecond pariih prior
to the date of this Aft.

[This Aft pafTed February 19, 1803.]

An ACT to divide the Town of Harwich, and to in-
corporate the northerly Part thereof into a feparate
Town by the Name of Brewjier.

a jyE it enabled by the Senate and Houfe of Reprefetita-

-'-' tives, in General Court afembled, and by the author"
ity of the fame, That the northerly part of Harwich, in the
county of Bar} fable, as defcribed within the following bounds,
with the inhabitants thereon, be, and they hereby are incorpo-
rated into a feparate toAvn by the name of Breivfter : Beginning
on the weft, on the line of the town of Dennis, and at a point Bre vOer^* °
one mile fouth of a large oak tree, itanding in or near faid line
o{ Dennis, which tree is on the fouth-weft fide of Pine Pond, fo
called ; thence on a ftraight line, to the north-weft corner of

Hinkley's

g6 BREWSTER. ir3. 1 9, An. 1 863.

Hifiklefs Pondy fo called ; thence north-north-eaft, to Batig'i
Pondy fo called, and to the middle thereof J thence through the
middle of faid Bangs Po'uly cromng a narrow beach, into Long
Pond, fo called ; thence throiigh the middle of faid Lcng Pcnd^
croiling feverai narrow beaches or chains of ponds, through the
middle, and to the eafterly end of the fame \ thence on a ftraight
line, to a rock on Plcafant Bay, fo called, whicli rock is in the
line between Harivkh and Oi L\ius ; thence in the line of Or-i
leans, to Bartijlable Bay ; thence with th^ bay, to the line of
JJefinis ; thence in the line of Der.nis, to the bounds iirft men-
tioned j and the fud town of Brenvj}er is hereby vefted v.'ith all
the powers and privileges, rights and immunities, and fubiecSt to
all the duties to which other towns are entitled and fubjeclecl
by the Conititution or laws of this Commonwealth.

Sect. 1. And be it further tnacled, That the remonflrants
to this A6t of incorporation, who live in the north parifh, to-
Certain I'lhab- „gj^^gj. ^^.\^\-^ ^^^^\^ widows who live therein, and who fliall requeil:
jtants allovved P ,, „ , ... . • ■ i • r ■^■ j n

to remain to It, ihall have liberty to remam, with their ramihes and eitatesj

Jlarwith. to the town of Hartvlch, by Iciving their names in the Secre-
tary's cSice at any time within two years from the date of this
Acl of incorporation, certifying that Rich is their intention ; and
anv perfon fh.iU be comldered a remonfirant, AVithin the mean-
ing of this A£t, who has heretofore iigned a written remonftrance
or petition, directed to the General Court at this or any former
• fellion^ againft the diviiion of the town of Harwich, and if the
priginal paper fo ligned is not to be found, the affidavit of fucli
remonftrant, that he or flie did i'o lign the fame, fhall be fulFi-

Provifo cient evidence of the facSt : Provided neverthelefsy That the

Gonflablcs of the tov.'n of Harwich and Brenvjier fliall have
concurrent authority to ferve any writ or procefs, to either of
tr.em dire<!rLed, on the lands within the limits of the town of
Breivftcry fo remaining to the laid town of Harwich aforefaid.
Sect. 1. And be it further enaBed, That State taxes, levied

f'^^i.T' ^"' on the two towns aforefaid, previous to the expiration of th»

' two years aforefaid, {hall be alfeired in equal portions between

the two towns, and after the expiration of faid term In fuch

propurtion as fliall then refult from the removal of polls and

eftatcs from the north pariih to the fouth.

Sect. 4. And be it further enaHed, That town lands, and

Town's lands, jninifterial property owned by faid town, fliall be equally divided
between the two towns.

Sect. 5. And be it further eimHed, That all debts due to or

Debts and ere- from laid town fliall be divided between the two towns in pro-

«iits. portion to the State valuation •, and the poor of faid town with

which it is now chargeable, together with fuch poor as havef
1-emoved out of faid town prior to t'his AO: of incorporation^
but who n:;ay hereafter be lawfully returned to faid town of

Harwich

BUXTON BAPTIST SOCIETY. Feb. 2i,An.iSo3. gy

Hariuich for fupport, fliall be divided between the two towns
in proportion as they pay in the State vahiation.

Sect. 6. Ar'd be it further enacted. That Ehenczcr Baccuy
Elq. be, and he is herebv authorized to ilTue his warrant, directed tt- o ^ ^- ^

\' . ^ ri'-j r n rirlt meeting

to lome fuitable inhabitant or the laid town of Bre~c/ter, requir- how to be call*
ing him to notify and warn the inhabitants of the faid town, ca^
quahfied by law to vote in town affairs, to meet at fuch time
and phice as fliall be expr efibd in the faid v.'-arrant, to choofe all
fuch officers as other towns within this Commonwcrtlth are
required by law to choole in the months of Ala^-ch or April
annually ; and the officers fo chofen ihali be qualified as othej*
town officers arc.

[This h£x. pafTed February 19, 1S03.]

An ACT to incorporate a Number of the Inhabitants
in the Town of Buxfon, in the County of 3^^% into
a diftind Religious Society, by the Name of The
Firji Baptiji Society in Buxton.

e _ D^ ^t enaEled by the Senate and Houfi of Repfefenta*-

■^ tiveSy in General Court ajfemhled.^ and by the authcr^
ity of the fajne, That Nathan Elden, Jonathan Berry, Jofeph
Bi'.rnelly WiUiam BangSy Jofiah Harmon, Savinel Berry, Jofeph
Athinfon, John Atkwfon, jun. Samuel Tihbets, Jojlma Decker, ^^^^^^ ^^^^
Dominicus Harmo?}, Hutnphrey Atkinfon, Chafe Parker, Abiier ted. '
IVoodfam, John Edgerly, Jofeph Ranking, Jabijli Satuyer, Thomas
Berry, jun. Benjami/i Leavit, John Appleton, John Warren,
Jacob Thompfon, Jofeph Thompfon, John Atkinfon, liphraim IVood-
tnan, John Dennet, Aiofes IVocdman, Theodore Atkinfon, Cletv.cnt
Dennet, Stephen Prefect, Thomas Atkinfon, Gibeon Eldcn, Samuel
Knight, Thomas Smith, Mark Rounds, JVilliatn Merrill, Levi Cole,
Jflma Hutchiufon, Jacob Derbon, John Chamberlain, Benjamin
Bradbury, Jofeph Hobfn, Brue Beothb\, Thomas Merrill, John
Thompfn, Jabez Bradbury, Jonathan Martin, Theodore Elwell,
Thomas Harman, Thomas P. Saivyer, Samuel Hobfn, Nathan
Elden, jun. John Rolf, John Came, Jabez Sawyer, ]nx\. John
Palmer, Jacob Palmer, Benjamin Eltvell, Samuel Sands, David
Libby, Abel Knight, Nelfon Fogg, John Rolf, jun. Lemuel Nutter^
Abraham IVoodfam, Jofiah Libhy~ andn&w//^/ Thompfon, with their
families and ellates, together wiih fuch other of the inhabitants
of the faid town of Buxton, as have or may hereafter at anv
time on or before the firlt day of A pi il, in the year of our Lord
one thoufand eight hundred and five, affcciate themfelves for
that purpofe in the manner hereinafter defcribed, be, and here-
bv are incorporated into a religious Society, by the namo- of The

EirJ

Vol. hi. N

98 MEDFORD FISHERY. Feb. 21, An.1803.

Firjl Bapt'ijl Society in BuxtoHy with all the powers, privileges
and immunities to which other pariflies in this Commonwealth
are by law entitled.

Sect. 2. Be it further enaBcd by the authority aforefaid^ That

any perfon or perfons in the town aforelaid, being of the Baptift

Mock of be- denomination aforefaid, who may actually become a member

coming a mem. q£^ and unite in religious worlhip with the Society aforelaid,

ciety. within the time limited in the firfl fedlion of this Adt, by giving

in his or her name to the Clerk of faid town, with a certificate

figned by the Minifter or Clerk of faid Society, that he or flae

has adlually become a member of, and united in religious wor-

ihip with the Society aforefaid, Ihall, from and after giving in flich

certificate, with his or her polls and eftate, be confidered as a

part of faid Society : Provided however. That fuch perfon or

perfons fhall be held to pay their proportion of all monies

aliefled in the faid town previous to that time.

Sect. 3. Be it further eruiciedy That 'John Woodman ■, Efq.
or ibme other Juftice of the Peace in faid county of York, be.
Meeting how and hereby is authorized and empowered to iffue his warrant,
to e called, directed to fome fuitable member of the faid Society, requiring
him to notify and warn the members of tJie faid Society to
meet at fuch time and place as fhall be appointed in faid war-
rant, to choofe fuch ofiicers as parifhes in -this Commonwealth
are by law entitled, in the months of March or April annually.
rThis Act paiTed February 21, 1803.]

An ACT to enable tlie Town of Medford to difpofe
of the Privilege of taking Fifli, called Shad and
Alewives, in MijTick River, 'w'lihm the Limits ot
faid Town, and to regulate the fame.

c ^ ^ T)E it enacted by the Senate and Houfe of Reprefenta-'

-*^ tivest in General Court affcmbled, and by the author-
ity of the famey That it fliall and may be lawful for the town
Authorized to ot Medford, in the county of Middlfex, annually, at any legal
fell the pnvi- nieeting of the inhabitants of find town, to fell or otherwife
thTtifii. ' " difpofe of the privilege of taking fifh in At flich River, within
the limits of faid town, fo far as faid town bounds on both
lides of faid river, at fuch times only as is already provided,
by the law to prevent the deftruction of Ihad and alewives in
faid river, and the emolument arifing from faid privilege fliall
be appropriated by faid town, to fuch purpofes and ufes as the
inhabitants thereof fliall in town meeting from time to time
determine.

Sect. 2. And be it further enaBed, That if the purchafer or
purchafers, manager or managers, or thofe employed by them,

fliaU

MEDFORD FISHERY. Feb, 21, An.1803. 99

fhall prefume to take any of the fald fifli at any other pLice
in faid town, than fhall be by faid town determined ; and if
any other perlon or perfons whatever, except the purchafer
or purchafers, manager or managers of faid privilege or thofe
employed by them, ihall prefume to take or catch any of the
faid fifli in Mjjlick River^ within the town of Medfordy other-
wife than may be by faid town determined, he or they fo of- Penalty for ta-
fending, fhall for each offence, forfeit and pay a fum not ex- '"|^& ^^^ ^^*
ceeding thirteen dollars., nor lefs than t'uio dollars^ at the dif- ^j^'J ^^^^.^ t-
cretion of the Juftice before whom the lame fhall be tried. reds.

Sect. 3. And he it further enaBedy That the faid town of
Medford Poall, at their annual meeting in March or Aprils Fifh Commit-
choofe a Committee, not exceeding feven nor lefs than three ^^^ '" ^^ <^'^°-

freeholders of faid town, who fhall be fworn to the faithful ^'" ' '^'P?.'""

, . . ers and uuue$<

difcharge of their duty, enjoined upon them by this A£l,
and alfo the Adt to prevent the deftru6tion of fliad and ale-
wives in Mijiick Rivery within the towns of Cainbridgey Charlef'
ioivn and Medford : And it fliall be the duty of faid Com-
mittee to caufe the natural courfe of faid river to be kept
open and without obftrucllon, during the whole time the faid
lilh pafs up or down laid river, and remove any fuch as may
be found therein ; and the faid Committee, or any two of
them, paying a reafonable compenfation therefor, if demand-
ed, fliall have authority in dilcharging the duties enjoined
upon them by this Act, to go on the lands of any perfon,
bounding on fiiid river, without being conlidered trefpalTcrs ;
and any perfon who ihall molcft or hinder faid Committee, or
either of them, in the execution of their duty, he or they I'o
offending, fhall forfeit and pay for every fuch offence, a luin
not exceeding ten dollars, nor lefs than two dollars, at the dif-
cretion of the Juflice before whom the fame fhall be tried.

Sect. 4. And be it further enaEled, That it fliall be the duty
of the fiid Committee to profecute all breaches of this
A£l, and for any two of them, to feize and detain in their ^^ ^ ° "** *
cuflody, any net or feine which may be found in the hands
of any perfon ufing the fame contrary to the true intent and
meaning of this Act, until the perfon fo offending make fat-
isfadtion for his offence, or is legally acquitted therefrom j
and alfo to feize to the ufe of the town, all fuch filh as they
fhall fufpe6l to have been taken contrary to the proviiions of
this Act, unlefs the perfon in poffeffion thereof can give fat-
isfa6tory evidence to luch Committee, that faid filh were law-
fully taken.

Sect. 5. And he it further enacted, That the penalties in-
curred by any breach of this Act, fhall be recovered by an ^^'^°'^«7' ,^"^
aftion on the cafe, before any Juitice of the Peace within faid of fines.
county, allowing an appeal to the Court of CG;nmon Pleas of

faid

loo SPRINGFIELD BRIDGE. Feb, 22, An. 1803.

faid cpunty ; and all fums of money recovered as forfeited by
this A61, Avail be for the fupport of the poor of faid town j
and no perfon, by reafon of his being one of the faid Com-
mittee, fhall be thereby difqualiiied from being a witnefs iii
any profecution for a breach of this Ad.

[This Acl palled February 21, 1803.]

An ACT for incorporating certain Perlbns for the
Purpofe of building a Bridge over Conneaicut Riv.
er, between the Towns of Springfield, and Weji-
Springfield, and for fupporting the lame.

WHEREAS a Bridge over ConneFucut River, between
the towns of Spnugfieid, and Wefi-Springjitld, in the
county of Haii:pjhire, v.culd be of puWic convenience ; and
whereas John ,Hooker and others have prefented a petition to
this Court, praying fcr liberty to build the fame, and to be
incorporated for that purpofe :

Sect. I. Be it enaElcd by the Senate and Houfe of ReprefetiU
atives, in General Court ajfemhkd, and by the authority of the fume^

tulltZt^^^'''^ ^''^-^ ^^''^'^^ ^'''•'^' ^^^' J"^^^ Williams, Samuel FonvU
ted. "'■> William Shelden, Jonathan. Bwight, Thomas Diuight, James

Scutt Dwight, William Smith, William Pynchof:, Jonathan Sii.ithy
jun. Jere Sftbbins, Seth Lathrop, Samuel Lathrop, Jujiin Ely^
jun. Solcmon Sttbbins, Peletioh Blifs, Reuben Stkcs, Thaddeus
Lcavitt,^ Jacob Blifs, Alexander Blfs, Ztbinn Stdb/ns,' George
Blake, JuJlin Lumbard, and Eleazer Williamsy with fuch other
perfons as already have alTociated, or may hereafter aiTociate
with them, be, and they are hereby made and conftituted a
Corporation and Cody Politic, by the name of The Proprietors
of the Springfield Briage ; and by that name may fue and be
fued to final judgment and execution, and do and fuffer ail
matters, acts and things which Bodies Politic may or ouyht
to do and fufter ; and the faid Corporation fiiall and rnay
have and ufe a common feal, and the fame may break and alter
at pleafure.

Pow the firft r^^'^'"'^- ^\ -^"^ \ '* fi'f"' T^'''^ ^'^ ^'' "'''^''''*y "fi'-'fa'^^^
jiueting is 10 -^''^^ ^?y "^^ee of the perfons abovenanjed may warn and call
tt called. a meetmg of the Proprietors aforefiud, to be "holden at any
convenient time and place, by publilhing the fame three weeks
lucceffively in the Federal Spy, publiflied in Sprjngfeld afore-
faid, the laft publication to be one week prior to fuch time of
meeting, and the fl^id Proprietors, by a vote of the rriajority of
thofe prefent or rcprefented at laid meeting, allowing one vote to
^m\ for each fmgle fhare in all cafes, {Prcvuhd /^cm ■^r;-, That no
one Froprictcv fiiall be ailov.^ed mor^ than twenty votes,) i];aii

choofe

SPRINGFIELD BRIDGE. J>^. 22, Aii.1803. 101

qhoofe a Clerk who fhall be fworn to the faithful difcharge
of faid office, and Ihall alfo agree on a method of caUing future
meetings, and at the fame or fome fubfequent meeting or
meetings, may ele£t fuch officers, and make and eftabhfh fuch
by-laws and rules, as to them Ihall feem necefTary or conve- ^y-J^^* *° *>«
nient for the regulation and government of the faid Corpora-
tion for the carrying into effedl the purpofes aforefaid, and
for coUedling the toll hereinafter granted and eftablifhed, and
may annex penalties to the breach ot any by-laws not exceed-
in^Jive dollars : And all reprefentations at faid meetings fl:iall
be filed with the Clerk of laid Corporation ; and this Aft, and
all rules, regulations and proceedings ihall be fairly and truly
recorded by faid Clerk in a book or books to be provided and
Jcept for that purpofe.

Sect. 3. Be it fm-ther enacted^ That the faid Proprietors
be, and they hereby are authorized and empowered to erect a where & how
Bridge over CcuneElicut River-y between the toxvns of Spying- the Bridge is
Jicld and Wefi-Springfield^ in the county of HampJInre, at any ^° ^^ '^"^^'^'
place between the mouth of Jgaivam River and the mouth of
^Lmi Brook, fo called ; and faid Bridge fhall be well built,
with fuitable materials, at leaft twenty-eight feet wide, and
covered with planks, witli fufficient rails on each fide, and
boarded up fixteen inches high from the floor of faid Bridge,
for the iafety of paflengers travelling thereon j and the lame
fliall be kept in good repair at all times : Provided — and for
the purpole of reimburfing the Proprietors the money by them
expended in building and fupporting faid Bridge,

Sect. 4. Be it further enncled. That a toll be, and hereby is
granted and eftablifhed for the fole benefit of the faid Pro-
prietors, according to the rates following, viz. For each foot ^^^
pafTenger, three cints ; for each horfe and rider, fevcn cents ;
for each horfe and chaife, chair or fulkey, fixteen cents ; for
each coach, chariot, phaeton or other four wheeled carriage for
paffi?ngers, thiity-three cents ; for each curricle, tiventy-five
cents ; for each fleigh, drawn by one horfe, ten ctnts, and if
drawn by more than one horfe, twelve cents and Jive luiUs i for
each cart, fled or other carriage of burthen, drawn by one
beaft, ten cents, if drawn by two hez{xs^ fixteen cents ; and if by
more than two beafts, Inventy cents ; for each horfe without a
rider, and for neat cattle, three ants each, and for Iheep and
fwine, one cent each ; and one perfon and no more flKill be
allowed to each team as a driver to pafs free of toll : Provided Pro-Afo,
nsvertkdcfs. That the toll to be received for teams of two or
mor.e beafts, with carts or other carriages, and loads not ex-
ceeding thirty hundred weight, belonging to inhabitants of
either of faid towns of Spi ingfeld or lVtj}-5prin^feld, paffing
faid Bridge to ov from the lands of faid inhabitants, in either

I02 MONMOUTH SCHOOL. P^^. 22, An. 1803.

cdF faid towns, for tranfporting the produce of faid lands, or
for cultivating the fame lands, fliall be only Hvelve cents
Jive mills : Provided alfo. That all embodied companies of mi-
litia, who (liall have occalion to pafs faid Bridge, to perform
military duty, fhall pafs free of toll ; and the toll fliall com-
mence on the day of the lirft opening of faid Bridge, and
Continuance of fhall continue for the term of feventy years 5 and at the place
*°^^' where the toll fliall be received, there Ihall be erecled and

conitantly expofed to view a lign-board, with the rates of toll
fairly and legibly written or printed thereon in large letters ;
and the faid Corporation, at the time of the opening of faid
Bridge, fjiall caufe a true and juft account of the expenfes
thereof, and at the end of every three years thereafterwards,
a juft and true account of all receipts and difburfenients, to
be returned into the office of the Secretary of this Common-
ToU may f,e wealth : And after fifty years from the opening faid Bridge,
again reguU- the General Court may regulate the rates of toll receivable
^^ thereat.

Sect. 5'. And be it further enaBed, That if the faid Pro-
Bndge to he pj-Jetors fhall neglect", for the fpace of fix years from the pafT-
years. ^"^ "^ ^^^'^'^ ^*^*^> ^'^ build and ere£t faid Bridge, then this Adl

to be void and of no efFecl.

[This A61 palled February 22, 1803.]

An ACT to incornorate certain Perfons as Truftees of
a Free Granim;)r School in the Town of Monmouth^
and County of Kenncbeck.

Preamble. "^1|7^^^^^^''' ^^'^^^ Elizabeth Temple and Others have fub-
\^ (cx'ihtd fifteen hundred dollars or more, for the purpofe
of creeling and fupporting a free grammar fchool in the town
of IvLyurnouth and county of Kenncbeck : And whereas it ap-
pears to this Court that the faid town of Monmouth is a fuita-
ble place for fuch an inftitution : Therefore,

Sect. i. Be it enacted by the Senate and Houfe cf RepreferJa-
tiveSf in General Court nffembled^ and by the authority of the fatne^
That there be, and htreby is cllabliihed in the town of Mou-
month aforefaid, a free grammar fchool, by the name of Mon-
rnzHth Free Grammir School, for the purpofe of promoting piety,
religion and morality, and for the education of youth in luch lan-
guages and fuch of the liberal arts andfciences as the Truftees of
faid Free Grammar School Ihall dire6l ; and that the following
perfons, viz.The Rev. 'Jonaihan Baldeti, Dudley Brndjlreet Hoborty

ll'^T' ■^^'^^* '^^'^■''' <^'''^^'^«"-'^' Efq. Matthias Bkjbm, Ichabod Baker, Jofeph

Norris, Luther Rol-cinj, John Boles, and Seth Flowardy be, and
hereby are incorporated into a Body Politic bv the name of

The

MONMOUTH SCHOOL. KZ^. 22, An. 1803. i«5

The Trujleei of the Monmouth Free Grammar Zchaol -, and that
they and their fuccefTors (hall be and continue a Body Politic
and Corporate by the fame name forever.

Sect. 2. Be it further enaEtcd, That all monies, lands or
other property, and things already given, or which fiiall here- Bn powered to
after be given, granted, deviied, bequeathed, transferred or al- [1^^^^^'" ""*'
figned to the faid I'ruflees for the pnrpofe aforefaid, ihall be
confirmed to the Hiid Truftees and their fucceffors in rhatiruft
forever ; and that the faid Trullees may have and hold in tee
Umple, by gift, gra^it, devife, bec|UcA-, or otherwife, any lands,
tenements, hereditaments, or other ertate, real or perfonal :
Provided the annual income thereof ihall not exceed the lum
oifour thoufand dollars ; and may fell and difpofe of the fame,
and apply the rents and profits thereof in fuch a manner as
that the end and defign of the inftitntion may be promoted.

Sect. 3. Be it further enacicd^'Y^lx-yx. the faid Truftees fliall
have power from time to t-me to elect fuch ofiicers of faid Free „ ^ r ^
Grammar School as they Ihall judge necellary, and to fix the Trullee*.
tenure of their refpe£live offices — to remove any Truftee from
the Corporation when in their opinion he Ihall be incapable,
by reafon of age or otherwile, of difcharging the duties of this
office — to fill all vacancies in the faid Corporation by electing
fuch perfons for Truftees as they fhall think fuitable — to de-
termine the times and places of their meetings, the manner of
notifying the Truftees, and the method of electing and remov-
ing Truftees — to prefcribe the powers and duties of their fev-
eral officers — to ele^l Preceptors and Teachers of faid Free
Gi'ammar School, and to determine their powers and duties,
and to fix the tenure of their offices — and to make and ordain
reafonable rules, orders and by-laws, not repugnant to the
laws of this Commonwealth, with reafonable penalties, for the
good government of faid Free Grammar School.

Sect. 4. Be it further enacledy That the faid Truftees
may have one coinmon feal, which they may at picafure break, ^^^ \^ affixe/to
alter and renew ; and that all deeds figned and fealed with deeds, &c.
their leal, and acknowledged by the Trealurcr or Secretary of
faid Corporation, by order of the faid Truftees, fhall be good
and valid in law ; and that the faid Truftees may fue and be
fued in all actions real, perfonal and mixed, and prolecute and
defend the fame to final judgment and execution, by the name
of The Trufees of the Mcnmouth Free Grcnnrvar SchoJ.

Sect. 5. Be it further enacted^ Tl>at the number of faid
Truftees Ihall not, at any one tin)e, be more than eleven or Number of
lefs than feven ; live of whom Ihall conftitu.e a quorum to do 'fruiteei liniit-
bufinefs ; and that a majority of faid Truftees ihall confilc of *^^"
mjsn who are not inhabitants of faid town of jMonmouth.

9:T:r

£CT.

104 BOSTON RELIG. SOCIETIES. Feb. 22, An.1803.

Se6t. 6. JBe it further enaBedy That there be, and is here-
Latid granted. -^^^ granted to the faid Truftees and their fuccefibrs forever,
for the life of the faid Free Grammar Schocl in Monmouth., fif-
teen hundred acres of any of the unappropriated lands of this
Commonwealth in the Diftricl of Maine., excepting the ten
townfhips on the Penobfcot River purchafed of the Indians •, to
be laid out and affigned by the Agents who now are, or here-
after may be appointed to complete contracts for the fale of
eaftern lands.

Sect. 7. Be it further enacled., That the Hon. I^athmiiel
Firft meetinn-. Dumniery Efq. be, and hereby is authorized to fix the time Jind
place for holding the firft meeting of faid Truftees, and to no*
tify them thereof accordingly.

[This A£l palTed February 22, 1803.]

An ACT to authorize the Religious Societies therein
mentioned to increiife the Taxes on their Pews.

WHEREAS the religious Society in Bofon called The Firff.
Church there, worfhipping at a meeting-houfe called
The Old Biicky and the religious Society in Boflon called The
Church in BrattleSquarey worfhipping at the meeiing-houfe in
faid fuuare, have petitioned for an increafe of power in taxing
their pews : Tlierefore,

Be it enacted by the Senate and Honfe of ReprefeHtativeSy in

Gefteral Court ajfimbledy and by the authcriiy of the fame^ That

the religious Societies before herein defcribed fhall be, and

rr hereby are authorized feverallv to alTefs on the pews in their

iul neccll^ry ,, A • • 1 r r 1" 1 r

taxes to be af. J'cipedtive meeting-hculcs, luch taxes as they, h-om tmie to
feffed on the time, fliall find neceflary for the maintenance of public wor-
P'^"'*' Ihip and other parochial charges 5 and that the faid Societies

fhall have full power, on the non-payment of the taxes fo af-
feiTed, to fell the pews on which the fame Ihall be affelTed, for
the payment thereof, obferving the rules and regulations of
the laws in being for felling pews in Boflon for the payment of
taxes : And provided nlnvaysy That the aireifment made by faid
Societies on pews fhall be at meetings duly warned according
to law, and all the proceedings touching fuch taxes lliall be
conform-ed to the laws in being for governing taxes of that
nature in the faid town of Boflon : Saving neverthclefs to each
of faid Societies and the Proprietors of pews, any rights re-
ferred to either regarding fuch pews, or any private contratH:
fubfilling between them.

[This hL\ pafTed February 22, 1S03.]

LENOX ACADEMY. ^22, An.1803. 90s

An ACT to eftablifh ah Academy at Lenox, in the Named Lenox
County of Berk/hire, Aft'^junc ij,

<^ r)JE it eiiaBed b^ the S£fiate and Houfe of Rtprefenta- *°°"5'

•^ tivesy in General Court ajfcmhledy and by the author-
ity cfthe farney That an Academy for the inltruftion of youth
in learning, virtue and reUgion, be, and hereby is eftabliflied at ^f \he* 'aa^
Lenox, in the county of Berkftni e, by the name of The BerkJJjire my.
:^cademy.

Sect. 1. ^nd be it further tnaclcd. That the lion, ^"^i'- u^^e (t t-
Ham IValkery the Rev. Samuel Shepardy Azari.ih EglefloHy Efq. tees.
Jofeph Good-Tui-r, Efq. Eldad Leivis, Efq. Capt. Bws Stsfie, and
Doit. Caleb Hjde, o^ Lenox ; the Rev. Ephraim ^udfony of Sljcf-
field ; the Rev. Jacob Catlin, of New- Marlborough ; the Hon.
Thomas Ives, of Great-Barrington ; the Hon. Barnabas Bfidzuell^
'oi Stochbridge ; the Hon. Nathaniel BifJjop, oi Richmond - the
Rev. Thomas Allen, Simon Lamed, Efq. and "Jofjua Danforth^
Efq. of Pittsfield ; and Jofeph Whiton, Efq. or Lee, be, and
they hereby are conftituted a Body Corporate by the name of
The Truflees of Berhftjire Academy ; and they and their fucceflbrs
{hall continue a Corporation by that name forever, with power — ' *^^^'^'^ F"^
to have a common feal, to contract, to fue or be fued, and ^'^^'
profecute or defend fuits, by their agent or agents appointed
for that purpofe, to take, hold and improve any eftate, real or
perfonal, and the fame to leafe, exchange, or fell and convey,
for the benefit of the faid Academy, by deed or deeds, duly
executed by their Treafurer or other officer or agent, being
thereunto authorized by the faid Corporation : Provided, That
the annual income of the whole eftate of the faid Corporation
fhall not exceed fve thoifand dollars.

Sect* 3* And be ii further enaBedi That the faid Truftees
ihall have power from time to time to appoint a Clerk, who Cicrk andTrea*

-. iurcr to DC 3,0^

fljall be imder oath, and a Treafurer, who Ihall give bond for poinced.
the faithful difcharge of his truft, and fuch other officers, and
fuch inftructors and governors of the faid Academy, as the faid
Truftees may judge needful and proper ; and alfo to determine
the times and places of their meetings, the mode of warning
the fame, of elecling officers and Truftees, and of tranfadting
all other bulinefs ; and to ordain neceiTary and reafonable or-
ders, regulations and by-laws, for the inftrudlion and govern-
ment of the laid Academy, not repugnant to the Conftitution
and laws of this Commonwealth.

Sect. 4. And be it further enaElcd, That vt^henever any of
the faid Truftees (hall die or refign, or by age, infirmity or
otherwife become mcapable of difcharging his faid truft in the

judgment

Vol. III. O

io6 WISCASSET, &c. TURNPIKE. F^^. 22, An. 1803.

Truftees may judgment of the major part of the faid Truftees, the furvivors
be eleded. may fill fucli vacancy by electing a fuccelTor-

Sect, 5. y4fid be if further ena^ed^ That the number of the
Number of the faid Truftees fliall not at any time be more than fixteen nor
Truftees. ^efs than nine j five of whom fhall conflitute a quorum for

the tranfadlion of bufinefs ; and all queftions fhall be decided
by the votes of a major part of the Truftees prefent ; and in
cafe of an equal diviiion by the cafting vote of the prefiding
Truftee.

Sect. 6. y4ud be it further enaBed^ That there be, and here-
by is granted to the faid Truftees and their fuccefibrs, for the
tand granted. '"'^^ °^ '^^ ^^^"^ Academy, one half a townfliip of fix miles
fquare of any of the unappropriated lands of this Common-
wealth in the Diftri£l of Maine^ (except the ten townflxips on
Pembfcot River purchafetl of the Indians,) to be laid out and
afligned by the Agents for the Commonwealth's lands, under
the ufual reftriclions and regulations of fimilar grants : Provi^
ded, That the faid Committee fhall not proceed to lay out and
aflign faid half townfliip of land, until it fhall be certified to
them by the Juftices of the Court of Common Pleas within
and for faid county of Berlfjire, or the major part thereof, that
the eftate vefted in and fecured to the faid Truftees is, at the
time of fuch certificate, of the value of three thoufand dollars.
Sect. 7. And be it further enacfedy That the Hon. William
FIrft meeting W(dker. be, and he hereby is authorized to appoint the time
of theliuUces. ^^^^^ place and purpofes of the firft meeting of the faid Truf-
tees^ and give them notice thereof.

[This A£l pafted February il^ 1803.]

An ACT to eftablilh a Corporation by the Name of

The Wifca(Jet and Augiifla Turnpike Corporation .

Sect

jyE. it enaBed by the Senate and Honfc of Reprefenta-

-'-' fives J in General Court ajjembled, and by the author'

ity of the fame^ That John Anderfon^ Francis Anderfon^ Jeremiah

Bailey, Thomas Bond, Thomas Boyd, William M. Boyd, Alden Brad-

Names of per.j/^^^> Edmund Bridge, Nathaniel Bridge, James Bridge, William

fons incorpora- Brooks, Mofes Carlton, jun. Orchard Cook, Francis Cook, Jofeph

^^ Chriftophers, Daniel Cony, Samuel Cony, 2d. George Crojhy, John

Davis, Robert Elwell, fohn Gage, Jofhua Gage, Theophilus Ham-

len, Henry Hodge, John Hodge, William Hoivard, Sa7nuel Howard,

John Jones, Silas Lee, Arthur Lithgoiu, Thomas M'Crate, John

Merrill, jun. Samuel Aliller, William Nickels, Thomas Nickels,

Jofeph North, David Pafsn, David Fayfon, jun. William Pike,

William Pitt, William liobitifon, Henry Sewall, Manajfch Smith,

Nymphas Stacy, Samuel Titcomb, Peter Thacher Vofe, Ebenezer

Whittier,

WISCASSET, &c. TURNPIKE. Feb.22, An. 1803. 107

Wh'ittier, Benjamin Whitwell, Abiel Wood, jun. and Samuel
Waters, together with fuch others as may hereafter allbciate
with them and their iuccelTors, Ihall be a Corporation by the coj-pgrate
name and ftyle of The Wifcajfet and Augiifia Turnpike Corpora- name,
tion, with all the powers and privileges ulually given and be-
longing to fimilar Corporations, for the purpofe of laying out,
making and keeping in repair a turnpike road, between the
court-houfe, in Wifcajfet, at or near Smith's houi'e, at the ferry
in Pittjhn ; and from thence to the bridge at Augujla, upon as ^^^^^ ^'^ '^*
ftraight a line as circumftances will admit ; which turnpike road
lliall not be lefs than four rods wide, and the part to be trav-
elletl on not lefs than twenty-two feet in width in any part
thereof J and when faid road fliall be fufficiently made, and
fliall be allowed and approved by a Committee appointed by
the Courts of General Seffions of the Peace for each of the
counties of Lincoln and Kcnneheck, for that purpofe : [Provided^
That no member of either of the laid Committees liiail have
any fhare or intercfh in the faid turnpike, and fliall judge only
of the portion of the faid turnpike in the counties in which they
reiide ;) then the fiiid Turnpike Corporation fliall be authorized
to eredt turnpike gates on the laid road, at fuch places as the gates to be e-
faid Committee of the laid Court of iSeflions, and the faid Cor- reded, with a
poradon fliall judge necefl^ary and convenient for coliecUng
the toll : Provided, That no turnpike gate be eredled on, or ^rovifo.
any toll demanded on any part of the prefent travelled roads ;
the faid gates to be not lefs than ten miles diflance from each
other, and fliall be entitled to receive of each traveller or pafien-
ger, at each of the faid gates, the following rates of toll, viz.
For each coach, phaeton, chariot or other four wheel carriage,
drawn by two horfes, t%venty-five cents, and if dra\vn by more ° cuaoiun-
than two horfes, an additional fum oi four cents for each horfe j
for every cart or waggon, drawn by two horfes or oxen, ten
cents, and if drawn by more than two oxen or horfes, an addi-
tional fum of three cents for each ox or horfe ; for every curricle,
fifteen cents ; for every chaife, chair or other carriage, drawn by
one horfe, ttuelve cents ; for every man and h.ox{e, fix cents ; for
every fled or fleigh, drawn by two oxen or horfes, eight cents,
and if drawn by more than two oxen or horfes, an additional
fum of t%uo cents tor each ox or horfe ; for every fled or fleigh,
drawn by one horfe, fix cents ; tor all horfes, mules, oxen or
neat cattle, led or driven, bcfldes thofe in teams or carriages,
one cent each ; for all flieep or fwine at the rate of three cents for
one dozen : Provided, That faid Corporation may, if they fee
caufe, commute the rate of toll with any Corporation, perfon
or perfons, by taking of him or them a certain fum annually, to
be mutually agreed on in lieu of the toll aforefaid : And the
faid Corporation, at each place v,'hei"e the toll fhall be collected,

fliall

loS WISCASSET, &c. TURNPIKE. Feb.. 22, An.1803,

Sign-board to ^^^^ ^TQ^t in a confpicuous pla^e, and conftantly keep expofed
be ereded. to Open viev;-, a lign or hoard, with th^ rates of toll of all the
tollable articles fairly and legibly written thereon in larg(? or
capital characters.

Sect. 2. And be it further enacted^ That the faid Corpora-
Corporation al- tion may purch^fe and hold land over which they may make faid
lowed to hold j-oad ; and the Juftices of the Court of General Seffions of the
~ ' Peace in the counties of i/;/rc/« and iTiVj'^/f&'ir/t, are hereby au^

thorized, on application of the faid Corporation, to lay out the
faid road, or any part thereof, within the faid counties of
Lincoln and Kenueheckj as with the confent of the faid Corpora-
tion they Ihall think proper : And the faid Corporation fhall
be liable to pay all damages that may arife to any perfon by
taking his land for fuch road, where the fame cannot be ob-.
tained by voluntary agreement, to be eftimated by a Committee
appointed by the Court of General Selllons of the Peace of the;
county wherein the faid land lieth, faving to either party the
right of trial by Jury, according to the law which makes pro-
vision for the recovery of damages arifing from the laying out
of highways.

Sect. 3. And be it further enacted. That if the faid Corpo-
ration, or their toll-gatherers, or others in their employ, Ihall
unreafonably delay or hinder any traveller or pafTenger at either
of the faid gates, or ihall demand or receive more toll than is
p 1 r J ^^y ^"^^ Act eAablifiied, the Corporation fhall forfeit and pay a
laying travel- ^^"^ "°^ exceeding ten dcllars nor lefs than ii.L'o dollars, to be
^^ recovered before any Juftice of the Peace of the county where

the offence (liall be committed, by any perfon injured, delayed
or defrauded, in a fpecial atStion of the cafe ; the writ in which
iliall be ferved on the Corporation, by leaving a copy of the
fame with the Treafurer, or with fome individual member living
in the county \vhere the action may be brought, or by reading
the fame to the faid Treafurer or individual member, at leafl
feven days before the trial ; and the Treafurer of the faid Cor-
poration, 01: individual member, Ifiall be allowed to defend the
fame fuit in behalf of the faid Corporation ; And the faid Cor-
Corporation li- poration fhall be liable to pay all damages which may happen
b ' d ("^ ^° ^■'^y perfon from whom the toll is demandabie, for any damage
cf bridf^esj 6cc. "^vl^ich Ihall arife from defect of bridges or want of repairs in
the faid way \ and fliall alfo be liable to prefentment by the
Grand Jury, for not keeping the fame in good repair.

Sect. 4. And be it further enaaed. That if any perfon fhall
"cut, break down or otherwife injure or-deflroy either of the faid
turnpike gates, or fliall dig up or carry away any eartii from the
faid road, or in any manner damage the fame, or fhall forcibly
pals, or attempt to pafs the faid gates by force without having
£rft paid the legal toil at luch gate, fuch perfon fliall forfeit and

pay

WISCASSET, &c. TURNPIKE. Feb.22, An.1803. 109

pay a fine not exceeding teti dollars nor lefs Xhiinfve dollurst to Penalty for in-

be recovered by the Treafurer of the faid Corporation to their '\^^^%. theroad,

ufe, ill an aclion of trefpafs or on the cale : And if any perfon

with his team, catde or horfe, turn out of the faid road to pafs

any of the turnpike gates, and again enter on the find road,

with intent to evade the toll due by virtue of this Aft, iuch

perfon Ihall forfeit and pay three times fo much as the legal

toll would have been, to be recovered by the Treafurer of the

faid Corporation, to the ufe of the fame, in an aclion of debt or

pn the cafe : Provided^ That nothing in this Acl fhall extend

to entitle the faid Corporation to demand and receive toll

of any perfon who fliall be paJSng with his horfe cr carnage

to or from public worfliip, or with his horfe, team or cattle, to

or from his coixuiion labour on his farm, or to or from any

grift-mill, or on the common and ordinary bufinefs of family

concerns, or from any perfon or perfons palling on military duty.

Sect. 5 . And he it furiher enacted ■> That the fhares in the ^ ^

fam.e turnpike road fhall be taken, deemed and conlldercd to be ^^.^j pcrlbnal
perlbnal ellate, to all in-.ents and purpofes, and ffjall and may be property,
transferable j and the mode of transferring the laid fhares iTiall Mode of trans-
be by deed, acknowledged before any Jufiice of the Peace, and ^'^^ ^
recorded by the Clerk of the faid Corporation in a book for
that purpoie to be provided and kept : And when any fhare
fhall be attached on tncfne procefs, or taken in execution, an
attefted copy of fuch writ of attachment or execution fliall, at ^^o^^c of aN
the time of the attachment or taking in execution, be left with ^^<^ ''^'^"^ «<=•
the Clerk of the faid Corporation, otherwife the attachment or
taking in execution fhall be void ; and iuch fhares may be fold
on execution in the fame manner as is or may by law be pro-?
vided for mr!:ing fale of perfonal property on execution ; and
the officer making the fale, or the judgment creditor, leaving a
^opy of the execution and the oiRcer's return on the fame, witli
the Clerk of faid Corporation, within fourteen days after fuch
fale, and paying for the recording of the fame, iliall be deemed
and confidcred as a fufhcient transfer of fuch ihare or fliares in
the faid turnpike road.

Sect. 6. And he if further enaBed, That the firft meeting
of the faid Corporation ihall be held at fuch tin:>e and place as ^^'''°S of th-
ihall be agreed on by the major pai't of the Proprietors, for the ^^^ buifneiWo
purpofe of ghoofing a Clerk, who lliall be Avorn to the faithful be tranfacacd,
dilcharge of the duties of his faid ofhce, and fuch other ofncers
as may then and there be agreed upon bv the faid Corporation ;
and the faid Corporation may at the lama time eflabliih iuch
ifules and regulations as ihall be judged necefTary for the well
ordering of its affairs, and alfb upon a method for calling future
meetings : Provided fjoivcva-y That fuch rules and regulations
fhall in no cafe be repugnant to the Conf^itution and laws of
this Comnionwealth.

Sect.

1 10 WISCASSET, &c. TURNPIKE. Fek 22, An.i 803.

Eftimate of ex- Sect. 7. And he it further enaEled^ That the faid Corpora-
penfe and oftion fliall, within fix months after the faid road is completed,
annual receipts lodge ill the Secretary's office an account of the expenfes there-
ments'^'S"'be °^' ^^^ ^^^' ^^ ^^^^ Corporation fhall annually exhibit to the
•xhibited. Governor and Council a true account of the income or divi-
dend arifing from the faid toll, with their neceflary annual dif-
burfements on the faid road ; and that the books of the faid
Corporation fliall at all times be fubjedl to the infpeclion of a
Committee to be appointed by the General Court, or to the
infpection of the Governor and Council when called for.

Sect. 8. And be it further enaBedt That whenever any
Proprietor fhall negleft or rcfufe to pay any tax or alTelTment,
duly voted and agreed upon by the Corporation to their Trea(-
urer, within fixty days after the time fet for the payment thereof,
STiaresofdelin- *^^^^ Treafurer of the faid Corporation is hereby authorized to
quents to be lell at public vendue, the fhare or Ihares of fuch delinquent
fold. Proprietor, one or more, as fliall be fufficient to defray the faid

taxes, and neceflary incidental charges, after having given public
notice of hich fale in the newfpapers printed in the counties of
Lincoln and Kenftebcck ; and in cafe there fliall be no newfpaper
printed in either county at the time, then in the newfpaper at
fuch place as fhall be the nigheft to the faid turnpike road, the
fum due on any fuch fhares, and the time and place of fale, at
leaft thirty days previous to the time of fale ; and fuch fale fhall
be a fufficient transfer of the fliare or fhares fo fold, to the
perfon purchafing the fame ; and on producing a certificate of
fuch fale, from the Treafurer to the Clerk of the faid Corpora-
tion, the name of fuch purchafer, witli the number of Ihares
fo fold, fhall be by the Clerk entered oirthe books of the faid
Corporation, and fuch perfon fliall be confidered to all intents
and purpofes the Proprietor thereof; and the overplus, if any
there be, fliall be paid on demand, by the Treafurer, to the
perfon whofe fhares were then fold.
The General Sect. 9. And be it further enncledy That the General Court
Court may dif- may diflblve the faid Corporation, whenever it fliall appear to
foive the Cor- their iatisfa^lion, that the income 7irifing from the faid toll fliall
poration. have fully ccrapenfated the faid Corporation for all monies they

may h;^ve expended in purchafing, repairing and taking care of
the laid road, together with an intereft thereon, at the rate of
twelve per cent, by the year, and thereupon the property of the
faid road fhall be vefted in this Commonwealth, and be at their
difpofal : Provided however^ That if the faid Corporation fhall
neglect to complete the faid turnpike road, for the fpace of
itVQxx years from the paffing of this ACt, the fame fliall be void
and of no effecl.

[This Acl pafled February 22, 1803.]

BRUNSWICK BAPT. SOCIETY. Feb. 22, An.1803. m

An ACT in addition to an AcT:, entitled, " An Aft to

rcgulite the Alewive Filhery in the Brook running

out of Wakepce Pond, into the Sea, in the Indian

Plantation called Marjhpce, in the County oi Barn-

Jiabk, palled June the thirteenth, A. D. 1801.

•«r-»--jrHEREAS the provifion in the firft feftion of the ^bove preambk.

YY recited A6t, defignating the time for the palTage-ways
to be opened for faid fhh to pals and repafs is found inconve-
nient : Therefore,

Sect. i. Be it enaEled by the Senate and Houfe of Reprefenia^
lives, in General Court ajembfed, and by the authority of the fanu.
That from and after the palling of this A61, the time for the Keeping opea
paffage-way or ways to be kept open for the faid fifli to pafs of the p«ffag«.
and r^epafs through any mill-dam or dams mentioned in faid ^''^y^*
Aft, (liall be h-om the twentieth day of April to the fifteenth
day of June annually, inftead of from the firft day of April to
the twenty-fifth of May.

Sect. 2. Be it further enaBed, That any perfon or perfons,
who fliall take any fuch fiHi in the brook aforefaid, without
permiflion from the perfon or perfons that fhall be appointed
by the faid Board of Overfeers, as in faid Aft is provided, fhall
for every fuch offence forfeit and pay one dollar for every Penalty forum.
hundred of filh fo taken -, fo in proportion for a greater or lawfully tikinff
lefTer quantity, to be recovered and applied in manner pro- ^^^ ^^•
vided by the fourth fedion of the above-recited A(St ; any
thing in' the above-recited A61 to the contrary notwlthftand-

ing.

[This Aft paffed February 22, 1803.]

An ACT to incorporate a Number of the Inhabitants
of the Town of Brunfwick, in the County of Ciwi'
berland, into a Religious Society, by the Name of
Tioe Baptiji Society in Brunfwick.

r\E it enacled by the Senate and Hcife of Rsprefenta-
Sect. I. /5 tivesy in General Court ajfembledi and by the author-
ity of the fame. That Philip Owen, WiHiatn Duning, Daniel Names of pcr-
Brcwn, Samuel Stauivood, William Woodfde, Andrew Blake, fons incorpora-
Abrahant Toothaker, Judah Chafe, William Starblrd, David Cu>- ^"'
tis, Samuel Dunlap, James Stanwsod, Adam Woorfide, David
Duning, Jofir.h Simpfju, William Rofs, Frederick French, Na-
thaniel Chafe, James Chafe, William Swett, Shimuel Owen, Abner
Melcher, William Low, Charles Ryan, Ephrairn Hufit, Anthony
Woodfde, William Lunt, Andretu Dueling, William Hunt, Mi-
chael Gro^vs, Jfph Rrfs, Anthony Chafe, Gideon Toothaker, John

Givenf

tea.

ill BRUNSWICK BAI^T. SOCIETY. Feb. 22, An.iSo^.

Givefj, David Given, and Uriah Ellet, together with theif
families and eftates, together with fuch others, being inhab-
itants of the town of Brunfivicky as have or may within two
years after the palling this Act, aflbciate themielves for the
iame purpofe, in the manner hereinafter dei'cribed, be, and
they are hereby incorporated into a rehgious Society by the
name of The Baptijl Society in Brunfivicky with all the powers,
privileges and immunities to which other pariihes are entitled
by the Conftitntion and lav/s of this Commonwealth, for re-
ligious purpofes onlvi

Sect. 2. Be it fm-ther enacted^ That any perfon in the

iv , town of Brunpwick aforefaid, b^injj of the Baptift denomina-

How to DC- . . •' y . .

come a mem- ^'^"^ aforefaid, who may at any time within two years from

ber of thii So- the paffing of this Aft, aftually become a member of, and
*'«fy' unite in religious worfhip with the Society aforefaid, and give

in his or her name to the Clerk of the town or parilh to
wiiich he or fne belongs, with a certificate figned by the Min-
ifter or Clerk of faid Society, that he or fhe has actually be-
come a mem"ber of, and united in religious worlhip with the
aforefaid Baptill: Society in Brunfwick, fourteen days pre-i
Vious to the town or pariCi meeting therein to be holden in
. the m.onth of I,hirch cr ylpril annually, ihall, from and after

giving fuch certificate, v/lth his or her polls and eftates, be
conlidered as part of faid Socieiy : Provided however. That
fach perfon fhall be hoklen to pay the proportion of all money
adelTed in the town or parilh to which he or fhe belonged
previous to that tim?.
tlow to leave SncT. 3. Be it fu-ther enaclcdy That if any member of faid
the Society. Baptift Society fhail at any time fee caufe to leave the fame,
and unite in religious worlhip with the parilh in which he ox*
flie may refide, and fliall lodge a certificate of fuch his or her
intention, with the Clerk or Minifter of faid Baptift Society,
and alfo with the Clerk of the town or parilh in which he
may refide, fourteen days at leaft before the annual town or
parilh meeting to be holden therein in the month of March
or April, until the year one thoufand eight hundred and five,
and fhall pay his proportion of all money afli;fled on faid So*
ciety previous thereto, fuch perfon Ihall, from, and after giv-i
ing fucii certificate within the time aforefaid, with his polls
and eftate, be confidered as belonging to the town or parifli
in which he may refidie, in the fame manner as if he had nev*
er belonged to laid Baptift Society.
Firft meetino' Sect. 4. And he it further enacted. That Nathaniel Larra'^
how to be call- hee be, arid he is hereby authorized to iiTue a warrant, direct-
^ ed to fome fuitable member of faid Baptift Society, requiring

him to notify and warn the members thereof to meet at fuch
time and place as fliuU be appointed in faid warrant, to choofe
fuch officers as parifhes in this Commonwealth are by law
authorized to choofe in the month of March or April, an-
nually. [This Aa pafled February 22, 1803.] Art

SACO FALLS CANAL. Feb, 22, An.1803. ".

An ACT empowering Aaron Porter and others, to con- Additional Ae%

ftrucl Locks, and to open a navigable Canal by 5^- ^^^- ^^' ^s°4.

CO Fa/Isy on Saco River,
*U T)E it enacted by the Senate and Houfe of Repyefenta-

■^ tiveSy in General Court affemblcd, and by the author-
ity of the fame i That Edmund Coffin., Ichabod Fairfeld^ Jeremiah
fdilly Preniifs Mellen^ Benjamin Ncfon^ Samuel Piefon^ Aaron
Porter^ and George Thatcher, together with fuch as may here-
after aflbciate with them, and their heirs and ajBgns be, and
they are hereby empowered, witliin the term of fix years
from the palling of this Acl, to open a navigable Canal from
or near Gooch's Ifandy fo called, above the falls in Saco River, ^^^^^fe ^^^ Ca-
to the waters below the faid falls, to the moft convenient ^mde* and its
place, and in the moft convenient diredlion, for fliipping or purpofes,
delivering the lumber, timber, fpars, wood, beats, and all oth-
er commodities, which they may from time to time want to
convey through the faid Canal, and that they may erecl fuch
a number of Locks as may be necelTary for the purpofes of
conveying all the materials aforefaid, in the moft fafe and
convenient manner, and for the purpofes aforefaid, to take,
ufe, occupy, poffefs and enjoy in fee ftmple, any lands or wa-
ters neceiTary to carry into effect and to complete the fame,
they paying therefor, in manner hereafter prescribed.

Sect. 2. And be it further enacted. That to enable the
Proprietors aforefaid more effeflually to carry into execution
the purpofes of this Aft, they Ihall be and hereby are made
a Corporation and Body Politic, by the name of The Proprie-
tors of the Saco Falls Canal, and by that name may fue and be
lued, defend and be defended, proi'ecute and be proiecuted to
final judgment and execution, and (liall have a common feal,
and do and fuiFer all other matters and things, and be vefted
with all the powers and privileges which are ufually incident
to fimilar Corporations.

Sect. 3. And be it further enaEled, That if any Corporation
or individual perfon fhall fuffer any damage, by means of the Cafc of damage
faid Locks and Canals, and the parties cannot agree upon the occ-.fioned by
amount or the value of the damages thus occafioned, nor up- *-he Canal,
onfomefuitable perfon or perfons to eftimate the fame,then and
in fuch cafe, fome difinterefted perfon or perfons Ihall be ap-
pointed by the Court of General Seffions of the Peace,or bytwo
Juftices of the quorum for the county oiTorh ; and the deter-
mination of the referees fo appointed fhali be the meafure of
fuch damage : Provided neverthelefs. That if either party fhall Provifion for
be diflatisSed with the award of the referees aforefaid, and "''*^ ^5" J"^-

fliall,

Vol. IIL P

114 SACO FALLS CANAL. jp^^. 22, AniSo3.

fnall, at the fame feffion at which the report ihall be made
apply to the Court for a trial by Jury, the faid Court Ihall
have power to determine the fame by Jury, in the fame man-
ner other caufes are determined ; and if the verdict of the
Jury f^all not give to the party applying, a larger fum than
the referees have awarded as aforefaid, then the Court fhall*
award cofts againft the party applying j but if the laft decifion
iliall be more favourable to the party applying, than the de-
cifion of the referees, then the Court fliall award cofts againft
the party not applying, and the Court flrall render judgment,
and diredt execution to ifl'ue thereon accordingly.

Sect. 4. y^ndhe kfuttker endfjed^ That if any perfon or per-
fons Ihall wilfully and malicioufly take up, remove, breakdown,
dig under, or in any other manner deftroy or injure any of the
works, or any part thereof, of any Canal or Lock, or any dam
, made ufe of, for encloling water for the ufes and purpofes of

the faid Canal, or Ihall divert or obftrudl the waters of any
ftream running to or from any pond or refei'voir ufed, adapt-
ed and defigned for the purpoles aforefaid, or fliall cut down,
damage or carry away, or fet on float to be carried away, any
boards., plank, joift or other timber or materials ufed or to be
ufed in or about any of faid works, or fhall be aiding or afFift-
ing in any of the trefpaftcs or damages aforefaid, he fhall for
every fuch offence forfeit and pay to the Proprietors afore-
faid, treble the value of fuch damagiis as the Proprietors afore-
faid ihaii, to the Juftice, or Court and Jury, before whom the
trial ftiall be, make appear that they have fuftained by means
of the lame trefpafs, to be fued for and recovered in any Court
proper to try the fame •, and luch offender or offenders fhall
be liable to prefentment by the Grand Inqueft of the county
of Torhf for any offence or offences againft this law, and on
conviction thereof, on fuch prefentment before the Court of
General Seflions of the Peace for the fiid county, or before
Penalty for in- ^'^^ Supreme Judicial Court, fliall be liable to pay a fine, to the
junng the ufe of the Commonv/ealth, of not more th^iiiffty dollars, nor
works of the \q{^ i\\zn five dollirs, or be irnpriibned for a term not more than
Canal, &c. ; ^.^^^^ months, nor iefs ti)an tea davs, at the difcretion of the

carrying away i r i •> • ■ ' ' -"t t^

Lo-rJs, ticc. &c. Court before whom tne convittion ihail be.

Sect. 5. And be it Juither enacted^ That for the purpofe of
reimburfing to the faid Proprietors the monies by them ex-
pended or to be expended in building and fupporting the faid
dams, Canals and Locks, a toll fliall be, and hereby is granted
and eitabliiheJ for the benefit of the faid Proprietors and
their heira and affigns, according to the rates follov/ing, viz.
Toll cftbllfli- -^'^^ every thoufand feet of boards and planks, conveyed
cd. through the {^LxaHijlfly cents ^ and for tirtiber of every defer ip-

tion, in the fume proportion, and at the fame rate \ for hogi-

head

BOSTON FEMALE x\SYLUM. Feb. 26, An. 1803. 115

head leaves, fmenty-Jive cents ; barrel ftaves, ffty cents per
thoiifand, and other kinds in proportion: clapboards 7f/?v cents ;
fhingles, ten cents per thoufand, and all other flit-v.'ork in pro-
portion thereto •, boats and other craft pafHag through the
fame, for every ton wei^ty ffty cents ; for every cord of wood,
ffty cents.

Sect. 6. And be it further enaHed, That as foon as the
fiid Canal and Locks are completed, the Proprietors Ihall
have power to lay the toll as aforefaid, on all the feveral arti-
cles as they pafs, and to retain them or a part of them for the
payment thereof, if payment iTiould be refufed ; and the faiif^banai author-:-
Proprietors, their heirs and afiigns, ihall have a right of rnak- zed on wcileru
ing Locks and Canals as aforefaid, on the weftern fide of the f^l*^ of the falls,
faid Saco Falls.

Sect. 7. And he it further enacledy That upon application
of the faid Proprietors, or any three of them, to a Juftice of
the Peace for the county of Tori, rerruelling him to call a How the firft
meeting of the faid Proprietors, to be holden at fome convenient [^^^''n* . ^* ^^
place within the town of Biddford, in the i'ame county, fuch
Juftice is hereby empowered to ilT'ue his warrant, direc"ced to
one of the faid Proprietors, requiring him to notify and vrarn
his aflbciates, to meet at fuch time and place in the faid town
of Biddcfjrdf as fliall be direOed in the faid warrant, who>
•when met, may agree upon a method for calling future meet-
ings of the faid Proprietors, and to conlult upon and do fuch
other affairs of the laid propriety as Ihall be expreffed ia the
faid warrrant.

[This Aftpaffed February 22, 1803.]

An ACT to incorporate Htinnab Stillman, and others,
into a Society by the Name of The Bojlon Fdinak
flf-ylum.

WHEREAS Hannah Stiliman, and a number of other
ladies 'of the town of B.fon., have allbciated for the
charitable purpoi^ of relieving, inftrufting, e.iiploying and aflift-
ing female orphcrn children ;, and to carry their aflociation into
effect, have petitioned to be ijicorporated :

Sect. i. Be it enstEI^d by the Senate and Houfe of Reprefenta-
tivesy in General Court ajfembled, and by the authority of the fame, Jj^'^^g"'''''-'"*^
That the fa.id Hannah Stilhnan, and her aiibciates, together with
fuch others as may become iiibrcribers to the fame inftitutioi-.,
in the manner hereinafter provided, be, and they hereby are
incorporated into a Society i)y the name of The Bfon Female
Afyluiny and by that name ihuil he a Corporation forever, with
power to have a conimoa feal, to make contrails relative to the

obiedb

Preamble.

1 16 BOSTON FEMALE ASYLUM. Feb. 26, An.i 8030

obje^ls of their inftitution, to fue and be fued, to eftablifli by-
laws and orders for the regulation of the faid Society, and the
prefervation and application of the funds thereof •, Provided the
fame be not repugnant to the Conftitution or laws of this Conv
monwealth ; to take, hold and poffel's any eftate, real or perfonal,
v\T{ ^"f ^^ ^y fubicription, gift, grant, purchafe, devife or otherwife, free
laxes. from taxes, and the fame to improve, leafe, exchange, or fell

and convey, for the fole benefit of faid inftitution j provided the
value of the real eftate of faid Society fhall never exceed ffty
ilrjujand doUars^ and the annual income of the whole eftate of

#id Society fliall not exceed twenty thoufand dollars.
Sect. 2. And he it further efiaSted^ That every married
woman belonging to faid Society, who fhall, with the confent
of her huft>and, receive any of the money or other property of
Hufbands ac- faid Society, fhall thereby render her faid hufljand accountable
countable. therefor to faid Society ; and every woman, whether fole or
married, who fliall fubfcribe and pay to the funds of faid Society
the fum oi three dollars annually, fhall by fuch fubfcription and
payment become a member of faid Society, liable however to be
removed whenever fhe fhall refufe or negledl to pay her faid
annual fubfcription.

Sect. 3. And be it further enacted, That the faid Society
Annual meet- ^^^^^ "^ect in Boflon on the laft Tuefday of September annually,
ing for choice for the purpofe of electing by ballot, from their members, a
of officers. Yirik and Second Dire^trcfs, a Treafurer, a Secretary, and a
Board of not lefs than fix nor more than twelve Managers ; all
which ofKcers fliall hold their faid oilices for one year, and
until others fhall be elected to fucceed them : And the man-
?.gers for the time being, fhall publifti a notification of the time
and place of each annual meeting, in two of the newfpapers
printed in Brflon, at leaft feven days before the time of holding
Calling of fpe- the fame : Upon any urgent occafion, the Firft or Second
ciai mecticgs, Direftrefs, or in their abfence the Secretary, or whenever re-
ouefted in writing by fifty members of faid Society, any five of
the Managers may appoint a fpecial meeting of faid Society, to.
be notified in the fame manner as annual meetings : And at
any regular meeting the Society may remove any Manager fron>,
ofhce, and by ballot fill any vacancy in the Board of Managers,
or any other corporate office : Fravided, That in cafe of re-
moval, two-thirds of the members prefent, being a majority of
the whole Corporation, fhall concur.

Sect. 4. And be it further enabled. That the Treafurer of

Treafurer to jp^jj Society fliall always be a fingle woman of the age of twenty-

nln. "^ ^ ^'^' one years or upwards, and fliall give bond, with fufficient furety

or fureties, to acccunt annually, or oftener if required by faid

Society or the Eoard of Managers, for all money and other

property

BOSTON FEMALE ASYLUM. Feb. 26, An. 1 803. 1 1 ;

property of faid Society coming to her hands, and in general to
Uifcharge the duties of her faid office with fideUty.

Se€T. 5. And be it further enaBcd, That the Board of^^^^^ ^^ ^^
Managers for the time being, fhall have the management and ^^^^ \^ ^^^
apphcation of the fubfcriptions, funds and eftate of the Society, of the property,
folely for the purpofe of this inftitution ; and no fale or transfer
of any real or perfonal eftate of faid Society fhall be valid unlefs
approved by them ; and no money fhail be paid out of the
Treafury of faid Society, except by their order : They fliall
likewile have authority, at their difcretion, to take into their ^^^^^^^^ ^^
Afylum fuch female orphan children as they may judge fuitable ^^^^^^^ ^^is.
objefts of charity, to enjoy the benefits of the infiitution ; and children.
alio to accept a' furrender in writing by the father, or where
there is no father, by the mother of any female child or chil-
dren, to the care and diredlion of faid Society ; and to bind out
in virtuous families until the age of eighteen years, or marriage
within that age, any fuch orphans or children thus furrendered,
or any female child or children who, being deftitute of parents
within this Commonwealth, fliall have been relieved and fup-
ported by faid Society : Provided^ That any parent whofe child Parents may
or children, during the abfence of their faid parent out of this receive theig
Commonwealth, fliall have received relief and fupport, or been ^Jjf/^'j"^;"^"'"
bound out as aforefaid, fhall have liberty, on his or her return,
to receive fuch child or children, upon paying to the Treafurer
of faid Society the expenfe incurred in her or their relief and
fupport as aforefaid : And the Managers fhSll have authority to
eftabfifli any rules and by-laws for the regulation of the pro-
ceedings ofVaid Board, and the concerns of faid Society, not
repugnant to the laws of the Comm.onwealth, or the by-laws
and orders of faid Society j not lefs than three Managers fliall
conftitute a quorum for tranfac\ing bufinefs, and all queflions
fliall be decided by the votes of a majority of the Managers
prefent.

Sect. 6. And be it further emBedy That any writ or procefs ^^^^.^^ ^^ ^^
againft faid Corporation may be ferved by the officers leaving ^21gIil!ft^fIS
an attefled copy thereof with the Treafurer of faid Society, or Corporation,
at her ufual place of refidence, thirty days before the return
day thereof; and the faid Treafurer, or any agent appointed
for that purpofe by the Society or by the Managers, may appear
by attorney, and defend or profecute any fuit in behalf of faid
Society.

Sect. 7. And he it further enoBed, That all inftruments of
conveyance or contraft which may lawfully be macie by laid (iruments o£
Society, if approved by the Board of Managers, fhall be figned conveyance,
by the Firfi: or Second Direftrefs, and counterfigned by the &c.
Secretary, and if necelTary, fealed with the common feal of faid

Society.

ii8 LYMAN....FALL.R1VER. Feb. 26, An.1803.

Society, and when fo executed, iliall bind the faid Society arid
be vahd in law.

Se,ct. 8. And be it further enaEledy That Hannah Stillrnan

m^n^a^d"" ^^'' continue Firft Dirtarefs, Sarah Boiudoin, Second Dire«St-

refs, Elizabeth Perkins, Treafurer, Elizabeth Thiirjfov.y Secretary,

M.ary Hubbard, Sarah Parhnan, Hannah Smithy Mary Gray,

Abigail May, Margaret Whitivell, Elizabeth Dorr, Mary Greiv^

Ann Green, Alargnret Cooper, and Elizabeth Goodivin, Managers,

until the laft Tuelday of September next, and until a new election

^ fhall be made as aforefaid j and Ihall be, and they hereby are

inverted, during faid time, with all the powers which are herein

given to the Managers to be annually ele£led by the Society.

[This Aft palTed February 26, 1803,]

An ACT to change the Name of the Town of Cox-
hall, in tlie County of Tlrk.

TiE it enaHed by the Senate and Houfe of Reprefentotives, in
■'-^ General Court affcmbled, and by the authority of the fame.
That from and after the date of this h€t, the name of the
faid town of Coxhall Ihall ceafe, and the faid town Ihall be
henceforth called and known by the name of Lyman ; any
law to the contrary notwithftanding.

[This Act paffed February 26, 1803.]

An ACT to divide the Town oi Freetown, apd to in-
^^T^'^yrjune corporatc the foutherly Part thereof into a feparatc
18, 1S04, Town by the Name of Fall-River.

c D^ it enacted by the Senate and Houfe of Reprefenta-'

•^ fives, in Genera/ Court afenibled, and by the author-
ity of the fame. That the foutherly part of Freetown, in the
county of Brijlol, as defcribed within the following bounds,
i\'ith the inhabitants thereon, be, and they are hereby incor-
porated into a feparate town by the name of Fall^River, viz.
Beginning in Taunton Great River, fo called, and thence run-
Boundaries. ^^^'^S ^o^th feventy degrees, eafk on the line dividing the lands
belonging to the heirs of Samuel Voleniine from the lands of
the heirs of William Valentine, and fo continuing the fame
courfe about eiijhteen hundred and lixty rods, till it interfe6ts
a line running: from the town of Dartmouth, north twelve de-
grees, eaft by the eafterly end of the twentieth great lot own-
ed by Thomas Borden and Richard Borden ; thence on the line
hifl: mentioned to Dartmouth Une j. thence by the lines of the
towns of Dartmouth and Weflport to the State of Rhodc-Ifland ^

thence

FALL-RIVER. F€L26,An.iSo^. 115

thence on the line of fald State into faid river ; thence by the
channel of faid river to the bounds firft-mentioned : And the i

faid town of Fall-River is hereby vefted with all the powers
and privileges, rights and immunities, to which other towns
are entitled by the Conftitution and laws of this Common-
wealth.

Sect. 2. Be it further cna&edf That the faid town of
Fall-River {hall pay all arrears of taxes which have been af- Payment of
feffed upon them, together with their proportion of all debts <^^^'*' * <^'^'*"
owed by faid town of Freetoivn prior to the date of this A£l ; Gun of property,
and that all queftions relative to property already exifting
fhall be adjufted and fettled in the fame manner as if this A6t
had not been made ; and that all property, rights and credits ,
of faid town of Freetown^ be received and enjoyed by the faid
town of Fall-River, according to their proportion of the taxes
of faid Freetoivn, as afiefled in the laft tax-bills.

Sect. 3. Be it further enaSfed, That the faid town of Fall^
River {hall take upon themf elves and fuppcrt one half of all Support of the ■
the poor now actually chargeable to faid town of Freetciun ; poo^-
and {hall alfo bear and pay one half the expenfe of fupporting
fuch poor perfons as may be fent back upon faid town of Free-
toivn from other towns, who removed from laid town of Free-
town prior to the palling of this A61:.

Sect. 4. Be it further enacled. That of all State and county
taxes which fliall be levied and required of faid towns previous TaTei.
to a new valuation, the faid town of FuU-River Ihall pay four-
tenths.

Sect. 5. Atid be it further' enacied. That Charles Durfee^
Efq. be, and he hereby is authorized to ilTue his warrant, di- f,^,. » .
rented to fome fuitable inhabitant of the faid town of Fall- firft meetinj.
River, requiring him to notify and warn the inhabitants of the
faid town qualified by law to vote in town affairs, to meet at
fuch time and place as ihall be expreiTed in the faid warrant
to choofe all fuch officers as other towns within this Com-
monwealth are required by law to choofe in the months of
March or April annually ; and the oincers fo chofen ihall be
<|uali{ied as other town officers are.

£Th!s Act pailed February 26, 1803.]

110 SALEM TURNPlitE. Feb. 26, An. 1803,

An ACT in addition to tlie Aa, entitled, « An AS:

for incorporating certain Perfons for the Purpofe

of laying out and making a Turnpike Road from

March 6,1 8oj. Sale?n to Cbarks River Bridge, for building the ne-

celTary Bridges on faid Road, and for fupporting the

fame."

^j TJE it enaBed by the Senate and Houfe of Reprefenta*

' * -^ tives, in General Court ajfembled^ and by the author-"
ity ofthejamey That the faid Corporation be, and it is hereby
Allowed to authorized to purchafe and hold real eftate to the amount of
hold additional thirty thoufand dollarsy inftead of the twelve thoufand mentioned
real eftate. -^^ ^j^^ ^^jj ^^ ^.^ which this is in addition ; and that the faid
Corporation and the Court of General Seffions of the Peace
within and for the county of Middlefex, with the confent of
the faid Corporation, be, and they are hereby authorized, on
' the Proprietors' petition now pending in faid Court, or on any

other petition for the purpofe, to lay out the faid road, in the
Width of road faid town of Chadejlown, inftead of four rods wide, as men-
in certain ph- tioned in the aforefaid A6t, not lefs than fifty feet wide from
•**• Myftic River to Gorham's rope-walk, and not lefs than forty

feet wide from thence to the main-ftreet in Charlejloivti, lead-
ing to Charles River Bridge, except where the fame fhall be
laid out through and upon any ftreet at prefent ufed and trav-
elled, and which cannot, by reafon of buildings, be made forty
feet wide : And the faid road Ihall extend to the faid main
ftreet in Charlejloivn, leading to Charles River Bridge, only,
and not to faid Bridge, as is expreiTed in the faid Act.

Sect. 2. And be it further efiaSledy That it fhall and may
be lawful for the faid Corporation to demand and receive at
faid Chelfea Bridge, and at each gate on the faid turnpike road,
Additional toll q^.^^. ^-^^ above the toll already granted, the fum of twenty five
tain^nfe!" ^^^' '^^"'^ ^^"^ every hundred weight which every wheel carriage,
(not having the fole or bottom of the fellies of the wheels of
the breadth of nine inches,) together with the loading there-
of, fliall weigh over and above the weight of forty hundred :
Provided always. That the regulation aforefaid Ihall not ex-
tend, or be conitrued to extend, to any four-wheel carriages
having the axle-trees thereof of fuch dilferent lengths, that
the diilance from wheel to wheel of the narrower pair of faid
wheels, or thofe on the Ihorteft axle-tree, be fo much lefs than
the diftance from wheel to wheel of the other pair thereof, that
the fore and hind wheels of fuch carriages fliall roll only one
■ iingle furface or path of ten inches wide, at the leaft, on each
fide of faid carriages, and having the fellies of the wheels of
the breadth of fix inches, at the leaft, from fide to fide, at the
bottom or fole thereof.

[This Adt pafiTed February 26, 1 803.]

WESTERN SOC. OF MID.^USB. r^^'.28,An.i8o';. 121

An ACT tofet ofTPirt of the Town of Montague^ and
a Gore of Land lying between faid Mo-titagiie and
Wendell, and to annex both faid Tracts to the Town

of Wendell:

n JDE it enaFied by the St'nate and Houfe of Reprefenta'

■^ tives^ in Getieral Court ajjetnbledy and by the author-
ity of the famey That all the lands lying within the bounds
herein defcribed, together with the inhabitants thereon, and
their polls and eftates, be, and hereby are annexed to the
town of WeudeHf viz. Beginning at the ronth-eafl: corner of
Motitagucy at Wendell line ; thence running wefterly one mile ^°"'''°a'"'»*
on the fouth line of fiid town of Montague; thence north
thirteen degrees thirty minutes eail:, until it fliail interfeft the
Great Brook, lb called ; thence by and with the fiid brook to
Miller^s Rivery including a gore of land lying between the faid
towns of Montague and JVenJcll : P'ovided, That the inhabit-
ants living on faid tra£l of land (hall be holden to pay their
proportion of all legal taxes which have been affeiTed, order-
ed, or voted to be laid on faid Montague^ by the inhabitants
thereof, or by the General Court, in the fame manner as
though this Acl had never pafTed.

Sect. 2. And he it further enaFied^ That in all State taxes Dlvlfion of
which fhall hereafter be granted by the General Court of this taxes.
Commonwealth, until a new valuation ihall be fettled, one-
fixth part of the taxes which would have been fet to the faid
town of Mont ague y according to the laft valuation, fhall be tak-
en therefrom, and ict to the faid town of Wendell.
[This AcT: paired February 28, 1803.]

An ACT to incorporate and eftabliili a Society by
the Name of The Weft cm Society of Middlefex Huf-
band I lU Hi.

p TiE it enacfed by the Senate and Houfe of Reprefenta^

-*^ tiveSy in Qetftral Court afjendoledy and by the author-
ity of the fame. That Ebenezer Bridge, 'Jof[ph B. Varniim, Phine- f^^.^^, „/• ~^^^
(IS Whitney, Jonathan Ntn.uell, Solomon Aihen, John Eidlard, Tons incojpora*
Dahiel Chafin, Edmund Fofler, John Pitts, Parker Varnum, te*^-
Samuel Pitts, Henry Woods, Timothy Bigelona, Abel Fletcher^ Ol-
iver Crojby, Thom:n Clarke, Jofjua Lo'.'gle\', Ebenezer Banrroft;
Timothy fones, Oliver Prefcot, jun. Sanipfon Tuttle, Ziccheus
Wright, Abijah Wyman, Jonathan Fletcher, John Farivell, Fran-
cis Kidder, Cornelius Waters, William Tuttle, Benjamin Ofgoody

Benjamin
Vol. III. Q

122 WESTERN SOC. OF MID. HUSB. Ff^. 28, An. 1803.

Behjamifi Fletcher, Eet7jamtn Bowers, Paul Howard, John Wood,
John Egerton, Samuel Stotie, David Lawrence, Samuel Fletcher,
Samuel Lawrence, Jonathan Bancroft, Ephraim Rujfell, Jonathati
Lawrence, Ebene%er Bancroft, jun. and Thomas Rujfell, togeth-
er with fuch others who fliall become members thereof be,
and they are hereby incorporated into and made a Body Pol-
itic and Corporate by the name of The WcJlern Society of Mid-
dlefex HuJhandmen.

Sect. 2. Be it further enacled. That the faid Corporation

Allowed to fliall be capable of taking and holding in fee fimple, or anr

hold real eflate. lefs eftate, by gift, grant, devife, or otherwife, any ellate, real
or perfonal, the annual income whereof fliall not exceed one
ihoufand dollars ; and they may fell or difpofe thereof at plea-
fure, not uflng the fame in trade.

Sect. 3. Be it further eiiacled, That the faid Corporation
may have and ufe a common feal, and the fame may alter or

f''^i'^^«r^° ^^ change at pleafure, and fliall be capable of fuing or being fued
' ■ in any adlions, real, perfonal or mixed, in any Court proper
to try the fame.

Sect. 4. Be it further enacled. That faid Corporation may

Laxvs and reg- eftablifli and put in execution fuch by-laws and rules for the

be^eftablifhecf^ government thereof as they may think proper, not repugnant
" to the laws of this Commonwealth -, and they may appoint
fuch officers as they think proper, who fliall be capable of ex-
ercifing fuch power for the well governing of faid Corpora-
tion as fhall be authorized by the by-laws thereof: And fur-
thermore faid Corporation may from time to time admit new
members thereunto, when and in what manner they may
think beft : Provided however. That every perfon being a mem-
\qx of The Mrjfachifetfs Society for promoting Agriculture, fhall
be confidered as an honorary member of The WeJlern Society
of Middlefex Hufbandmen^ and fhall have a right to alTemble
and vote at all meetings thereof.

Sect. 5. Be it further ennElcd, That the end and defign

Befign of the of the inflitution hereby incorporated is to promote ufeful

jnitituticn. improvements in agriculture.

Sect. 6. Be it further enacled. That Ebenezcr Bridge, Efq.
be, and he hereby is authorized to appoint the time and place
for holding the firfh meeting of faid Society, and to notify the
members thereof, by publiihing the fame in one or more newf-
papers printed in Bcfon, fourteen days at leafl before the time
of fuch meeting.

[This A6^ pdled February 28, 1803.]

DIGHTON CONG. SOCIETY. M^/Y/^i,An.i8o3. 123

An ACT to incorporate a Number of the Inhabitants
of the Town of Dighton, in the County of Brifiol,
into a Religious Society, by the Name of The Firjl
Congregational Society in Digbton.
jj -qE it enaBed by the Senate and Houfe of Reprefenta-

■*-^ tives, in General Court ajfemhkd^ and by the author-
ity of the fame^ That Gideon Babbit^ Thomas S. BrylieSy Edzvard Names of per-
BriggSy Matheiv Briggs, Abner Briggs^ James Briggs, Zfbedee fons incorpora-
Briggs, the widow Sarah Briggs ^ EUakim Briggs ■, Eliakini ''°*
Briggs, the fecond, Samuel Briggs, the fccond, Samuel Briggs,
the third, fohn Butler, fohn Davis, Ifaac Hathaivay, Nathan
Ide, Jonathan Joties, TJoomas Pierce, Ephraini Phillips, Darius
Phillips, Abiezer Phillips, Abiezer Phillips, jun. Seth Read, Z.
Leonard Read, Ebenezer Reed, Simeon Reed, Simeon Reed, jun.
Jofiah Rickmotid, Abraham Shaw, fohn Stephens, fohn Stephens,
jun. Joftah Talbut, Snow Trafton, Benjamin Trafton, Benjamin.
Trafton, jun. Ebenezer Walker, Elijah Walker, Nathaniel Walker,
William Walker, jun. Jonathan IValker, jun. Jonathan Williams,
Simeon JVilliatns, Jflnia Williams, George Williams, GerJhom
Williams, Zebedee Williams, Jared Williams, David Williams,
and David Williams, jun. together with their polls and eftates,
be, and they are hereby incorporated into a Society by the
name of The FirJi Congregational Society in Dighton, with all the
powers, privileges and immunities to which pariflies are by
law entitled in this Commonwealth.

Sect. 2. Be it further enacted. That the faid Society
be, and hereby is authorized and empowered to fell or leafe Pewstobefold
the pews in the meeting-houfe in faid Dighton, known by the or leafed,
name of The Buck-Plain Meeting-Houfe, and to give valid titles
to the fame •, and the monies or other prollts or emoluments
arifing therefrom, fliall be applied excluiiveiy to the fupport
of religious worfliip in the faid meetin;T^-houfe : Provided how-
ever. That nothing herein contained liuill be conftrued to de-
prive the inhabitants of faid town of the right to alTcmble in
faid meeting-houfe in town-meetings, for the trani'action of
town affairs.

Sect. 3. And be it further enaBed, T\\?Lt znj other perfon
in the faid town of Dighton who fhall aclually become ?. mem- HowtoLecoae
ber Oi, and unite in religious worlliip with the faid Firfl Con- a member of
gregational Society, by giving in his or her name to the Town- ^^"^ Society.
Clerk of faid Dighton, with a certificate ligned by the Minif-
ter or Clerk of faid Society, that he or Ihe has a^Hiually be-
come a member of, and united in religious woriliip with the
faid Firfl: Society in Digbton fourteen days previous to the
town-meeting therein to be held in the month, of March or

Aprii

124 IPSWICH TURNPIKE. M^^r^/^i, An.1803,

April annually, until the year one thoufand eight hundred and
five, Ihall, from and after giving fuch certificate, with his or
her polls and ellates, be conlldered as a member of the faid
Society.

Sect. 4. .And be it further enaffedy That when any member
of the faid Firft Society in Dightofi fhall fee caufe to leave the
How to leave fame, and unite in religious worfliip v/ith any other religious
this Society, Society, and Ihall give in his or her name to the Clerk of
fuch other Society, and obtain a certificate figned by the Min-
ifter or Clerk of fuch other religious Society with which he
or fhe may fo unite, that he or Ihe has actually become a mem-
ber of, and united in religious worlhip with fuch other parilh
or religious fociety, fourteen days previous to their meeting
in March or ylprily within the time aforementioned, and fhall
previoufiy pay his or her proportion of all money afieired in
faid Society, and alfo the amount due from him or her refpedt-
jvely, on any agreement ligned by hirn or her for the fupport
of a Minifter, fuch perfon fhall, from and after the date of fuch
certificate, with his or her polls and eftates, be confidered as
a member of the Society to which he or ihe has fo united.

Sect. 5. Ai:d be it further enacledj That Thomas Baylies
Richmond^ Efq. be, and hereby is authorized to ilTue his war-
yirft meeting rant, dircffled to fome member of the faid Firft Congrega-
how to be call- jJq^i^i Society in Dighton^ requiring him to notify the mem-
bers thereof qualified to vote in pariih affairs, to afiemble at
Aich convenient time and place as Ihall be exprelTed in tlie
faid warrant, to choofe fuch officers as parifhes are by law re-
quired to choofe in the m.onth of March or April j annually j
and to tranlaft all other matters and things neceifary to be
done for the well being of the faid Society.

[This A<S paiTed March i, 1803.]

An ACT for incor ■* :)rating certain Perfons for the
Purpole of laying out and making a Turnpike
Road from Beverly to Ne-wburyp.ort, for building
the necefiary Bridges on the faid Road, and for
fupporting the fame.

WHEREAS the m^aking the faid road and bridges will be
of great public utility, and John Heard, Efq. and others,
have petitioned this Court for an Aft of incorporation, to em-
power them to lay out and make faid load and erect faid bridges,
and have iabfcribed to a fund for that purpofe : Therefore,

Sect. 1. Be it C7iacled by the Senate and Houfe of Reprcjlnta^
tiveSj in General Court a/fembled, and by ihe authority of the fame^
lliat Ji/vj Heard., St'.phen Choatiy UWam Gray, jun. Jacoh

Afliton^,

?d.

IPSWICH TURNPIKE. M^r^^ i, An. 1803. 125

j^p.'totiy Jfa AridreivSy Jcfcph Siva fey ^ If/ael T/rorndike, Nnthan Names of per-
ija?iey Willlain BariUl, and James Prmce, Efqmres, and all [°^^ incorpor:*,
fucli perlbns as are or lliall be ailbciated with them, and inter-
efted in faid fund, and their luccefTors, {hall be a Corporation
by the name of The Ipfivich Turnpike ; and by that name fhall
fue and be fued, and fliall have a common feal, and enjoy all
the privileges and powers which are bv law- incident to a Cor-
poration, for the purpofe of laying out and making a turnpike
road, from faid Bevei /y, over Jpjhvich Sior.e- Bridge, to N<.ivbuiy-
port, and for building the bridges aforelaid, and keeping the
fame in repair ; that is to i'ay, a road beginning near- the black-
fmith's {hop in Beverly of Nathaniel Batchelder ; and from thence p . - , t
to be continued on a llraight line, as near as the ground will ^^.^^
allow, to the highway in Hamilton., near Nathan Bnivns j
thence keeping the old road to laid Ipfivich Bridge, making
fuch ftraightenings and improvements as the ground will bear;
thence to Neivlmryport, as near a ftraight line as they fhall find
the ground, marflies, waters and other circumfliances will permit.
Sect. 2. Be it further cuaBed, That the faid John Hcardj
Stephen Chuite, '[Villi am Gray, jun. Jacob AJlAon, rfa AndreivSy
JcJ'eph Siiafcy, IJrael Thorndike, Nathan Dane, IVilliam Barilet, ., , r ,«
and Jatnes Prince, or any three of them, may, by advertifement ing the firft
in the Salem Gazette, or in any other newfpaper printed in meetingofPra-
Salem, Bofion or Neivbiiryport, call a meeting of the faid Propri- P-'ctors.
etors, to be holden at any fuitable time or place after fifteen
days fi-om the publication of the faid advertifement •, and the
faid Proprietors, by a vote of the majority of thofe prefent or
reprefented at the laid meeting, in all cafes accounting and
allowing a vote to each lingle ihare, ihall choofe a Clerk, who
fnall be fworn to the faithful difcharge of his duty, and alfo
fhall agree on a method for calling future meetings •, and at the
fame or at any fubfequent meeting may make and eilablifh any
rules and regulations that ihall be necelTary or convenient for
regulating the laitl Corporation, for ejecting, completing an4
execiuing the purpofes aforeliiid, cr for collecting tliC toll here-
after granted ; and the lame rules and regulations may caufe to.
be kept and executed, or for the breach thereof may order and
enjoin lines and penalties, not exceeding thirteen dollars and
thirty-three cents for any bre.'.cli thereof, provided Inch rules and
regulations be not repugnant to the laws and Conft:itution of
this Commonwealth ; and the faid Proprietors ma}'' alfo choofe
and appoint any other ofiicer or ofiicers of the Corporation that
they may deem necellarv : And ail reprefentations at any meet-
ing fhall be proved in writing, ligned by the perfon making the -,,..,-, ,
fame, wliicii iliall be liled with, and recorded by the Clerk ; aii''*i.^.].5 p^^j
and this AiSi, and all rules and regulitions and votes of the I'aid regulations to
Corporation, ihali be fairiy and truly recorded by the faid Clerk, be recorded by
in a book or bocks for that purpofe proyided and kept. '^'^ ^^^^^'

Sect.

126 IPSWICH TURNPIKE. M^rc/^ i, An. 1803.

Sect. 3. Be it further enacledy That the fame turnpike
road fhall be laid out and made by the laid Corporation of a
fufficient width, in every part thereof, for the accommodation
of the public ; and that the open unenclofed ground (hall be at
Width of the jg^^ fg^j. j-^jg wide on the upland, (except the faid old road) and
eight rods wide at leaft (including the canal) on the marfh, and
on the iflands in the marfli ; and the made way or path for
travelling fhall be of fufficient width, and not lefs than twenty-
four feet wide in any part thereof, and over the marfh not lefs
than thirty feet wide within the railings, except fuch parts of
the faid old road as fhall remain and be a part of this new road,
which parts of faid old road the towns are refpeclively to keep
in repair : And when the faid turnpike road fhall be lulKciently
made, from faid fhop in Beverly to faid old road in Hamilton^
and fhall be fo allowed by the Juflices of the Supreme Judicial
Court, at any term thereof, in any county of this Common-
wealtli, then the faid Corporation fliall be authorized to ered^ a
turnpike gate on the fame, in fuch manner as fhall be necellary
and convenient ; and fhall be entitled to receive from each
traveller and paffenger the following rate of toll, viz. For every
coach, phaeton, chariot, or other four wheel carriage, for the
conveyance of perfons, drawn by two horfes, tnventy-jive cents^
Toll eftablifli- ^^d if draAvn by more than two horfes, an additional fum oifour
road isapprov- '^^"^^ ^°^ ^^''^ horfe j for every cart, waggon, fleigh or fled, or
ed. other carriage of burthen, drawn by two oxen or horfes, twelve

and an halfccnts^ and if by more than two, an additional fum of
three cents for every fuch ox or horfe j for every curricle, fixteen
cents ; for every Heigh, for the conveyance of pafiengers, drawn by
two horfes, ten cents^ and if drawn by more than two, an addi-
tional fum oi three cents for each horfe -, for every fled or fleigh,
drawn by one horfe, fix cents ; for every chaife, chair or other
carriage, drawn by one horfe, twelve and an half cents ; for every
man and horfe, fve cents ; for all oxen, horfes and neat cattle,
led or driven, belldes tiiofe in teams and carriages, one cent each ;
for all flieep and fwine, three cents by the dozen, and in the fame
proportion for a greater or lefs number.

Sect. 4. Be it further ennEied^ That when the faid road

T rn "ke «rate ^^ ^^ fufficiently made, from iaid Ijfwuh Bridge to Newbury-

may be ereded po>'^f ^ud the bridge over Parker's River and the lower end of

between Ipf- Kent's l/Ia?id fhall be fufficiently built, and the faid road fhall

^?N ^b'^r^^ ^^ ^° allov;ed by the faid Juftices as aforefaid, then the faid

port. ^^^ ^^'^' Corporation fhall be authorized to erc6l a turnpike gate on the

fame, betvv-een faid Ipfwich Bridge and faid Neiuburyport^ (but

not on any part of the road at prefent travelled) in fuch place

as fhall be neceffary and convenient, and Ihali be entitled to

receive of each traveller and paffenger the rates of toll aforefaid-

Sect.

IPSWICH TURNPIKE. JVfjr^^ i, An.1803. 127

Sect. 5. Be it further enaBedy That the faid bridge over Dlredlons re-
Parker River Ihall be well built, at leaft thirty-two feet wide, fpeAing the
of good and fuitable materials, and be well covered with plank ^uilding of the
or timber on the top fuitable for fuch a bridge, with fufficient " ^^*
rails on each fide, boarded eighteen inches from the bottom, for
the fafety of palTengers ; " and that one arch, for the conve-
nience of the boat navigation, fhall be made one foot higher
above the tide than the higheft arch in the prefent bridge, and
equal in width to the wideft arch in faid bridge •" and the fame
fhall be kept in good, fafe and paflable repair for the term of
feventy years from the opening of the fame, and at the end of
faid term the faid bridge fhall be left in like repair : And that
for the purpofe of reimburfing the faid Proprietors the monies
by them expended, and to be expended in building and fupport-
ing the faid bridge, a toll be, and hereby is granted and ellab-
lilhed, for the fole benefit of the faid Proprietors, according to
the rates following, viz. For each foot palTenger, oue cent ; for
each perfon and horfe, three cents ,- for each chaife, chair, fulkey '^°^^ cftablift^.
or fleigh, drawn by one horfe, ten cents ; for each horfe and grido-e.
cart, fix cents ; for each team, drawn by more than one beaft,
ten cents ; for each coach, chariot, waggon, phaeton and curri-
cle, twenty cents ; for each man and wheelbarrow, hand-cart or
other vehicle, capable of carrying a like weight, two cents ; for
each horfe and neat cattle, exclufive of thofe in teams or rode
on, two cents ,- for each fhcep and fwine, one cent ,- and for each
team one perfon and no more fliall be allowed as a driver to
pafs toll free •, and at all times when the toll-gatherer fliall not
attend his duty, the gate or gates fliall be left open ; and the
faid toll fliall commence on the day of the firft opening the faid
bridge for pafTengers, and fliall continue for the term of feventy
years, at the end of which tim.e the faid bridge fhall be deliv-
ered up in good repair to and for the ufe of the government :
And alfo at the feveral places where the toil fhall be received
on faid bridge or road, the faid Proprietors fliall erect and
conftantly expofe to open view, a fign or board, with the rates
of toll on th^ tollable articles, fairly and legibly writ':M| thereon
in large capital letters : Provided however ^ That at Sro time of
opening faid bridge the faid Corporation fhall caufe a true and
juft account of the expenfes thereof, and at the end of every
three years thereafterv/ards, a jufl and true account of their
receipts and difburfements, to be returned into the office of the
Secretary of this Commonwealth ; and that after twenty years
from the opening of faid bridge, the General Court may regu-
late the rates of toll receivable at the faid gate. .

Sect. 6. Be it further enaEledy That the faid Corporation
may purchafe and hold any land over which they may make
faid road ; and the Juilices of the Court of General SefHons

1 28 IPSWICH TURNPIKE. March i , An. 1 80 j.

Court of Ssf' of the Peace in the county of E/fcXy nre hereby authorized, on
fions authoriz- appUcation from the faid Corporation, to lay out fuch road, or
'^t ^° ^^A °"' ^^y ^^^'^ thereof, as with the coafent of the faid Corporation
they may think proper : And tlie faid Corporation fhall be
holden to pay all damages which IhaU ax'ife to any perlbn by
taking his land for luch road, where it cannot be obtained by
voluntary agreement, to be efhimated by a Committee appointed
by faid laft mentioned Court, faving to either party a right of
trial by Jury, according to the law which makes provifion for
the recovery of damages happening by laying out public high-
ways.

Sect. 7. Ee it further enacted, That if the faid Corporation,
or their toll-gatherer, or others by them employed, fliall unrea-
fonably delay or hinder any paiTenger or traveller at either of
faid gates, or fiiall demand or receive more toll than is by this
l*enalty for de- AtSl eitablilhed, the Corporation Ihall forfeit and pay a fum not
laying paffen- exceeding ten dollars nor lefs than ivjo dollars, to be recovered
ger». before any Juftice of the Peace in faid count}'^, by any perfori

injured, delayed or defrauded, in a fpecial a«Stion of the cafe j
the writ in which Ihall be fei'ved on the laid Corporation, by .
leaving a copy of the fame with the Treafurer or fome individ-
ual member of faid Corporation living in faid county, or by
readint: the £ime to the faid Trcafurcr or individual member,
at leaft fovea days before the day of trial j and the Treafurer of
the faid Corporation, or individual niember, fhall be allowed to
defend the fame fuit in behalf of the faid Corporation : And
Corporation li- ^^ ^^^^ Corporation ihall be liable to pay all damages that fliall

able for dania- r re i i^i-i*^i-ir-

ges by defcit happen to any porion irom wliora the toil is demanclaole, tor
of bridges, &c. any damage which Ihall arilc from the defccl of bridges, or want
of repairing faid ways, and ihall alio be liable to prelentment by
the Grand Jurv for not keeping the fame in good repair.

Sect. S. Be it further enaLled, That if any per Ion fliall cut,
or bi-eak down, or otherwife deftroy any of faid gates, or fhall
dio" up or carr}'' away any earth from the faid road, or in any
manner damage the fame, or Ihall forcibly pais, or attempt to
pafs by force laid gates, without firfi: having paid the legal toll
at each CT^, iuch perlbn ihall forfeit and pay a fine not exceed-
Penalty for in- jj^^ rr. dollars nor lefs than ten dollars, to be recovered by the

lunntr the road ,-^^ ■' f ■> r ^ c ■ \ r^ ■ ^ • r • n.- r

and for at- -Licaiurer or tae laid Corporation to their ule, in an achon or
tempting to e- trelpaf< on the cafe : And if any perfou with a team, cattle or
vade the toil, horle^, turn out of iaid road to pafs any of the turnpike gates
aforefaid, and again enter faid road, with an intent to avoid any
toll eftablilhed as aforciaid, inch perfon ihall forfeit and pay
three times as much as the legal toll at ^ach gate or gates eftab-
lifhed as aforefaid, to be recovered by the Treafurer aforefaid,
to the ufe aforelaid, by an a^^lion of debt : Provided, That
pothlng in this A61 lliall extend to entitle the faid Corporation

tl^SWICH TURNPIKE. March i,kn.i^oy, 129

to demand or receive toll of any perfon who fhall be paffing
With his horfe or carriage to or from public worfliip, or with
his horfe, team or cattle> to or from his common labour, or to
tor from any mill, or on the common or ordinary buHnefs of
Family concerns within the faid town, or from any perfon or
perfons pafllng on military duty.

Sect. 9. Be it further enacted^ That the flxares in faid road Shares deemed
and bridge fliall be deemed perfonal eftate to all intents and pergonal eaate,
purpofes, and fhall be transferable by deed, duly acknowledged tr" nsfer and at-
before any Juftice of the Peace, and recorded by the Clerk of tachment.
faid Corporp.tion, in a book to be kept for that purpofe : And
when any fuch fhare fhall be attached on mejne procefsy or taken
in execution, an attefted copy of fuch writ of attachment or
execution fhall, at the time of the attachment or taking in exe-
cution, be left with the Clerk of faid Corporation, otherwife the
attachment or taking in execution Ihall be void ; and fuch fhares
may be taken and fold by execution in the fame manner as other
perfonal eflate, and the officer or judgment creditor, leaving a
copy of fuch execution, with the return thereon, with fuch
Clerk, within fourteen days after fuch fale, and paying for the
Recording thereof, fhall be deemed a fufficient transfer for the
fame.

Sect. 10. Be it further enaBed^ That the faid Corporation
Ihall, within fix months after their toll fliall commence at any Statement ef
of faid gates, lodge in the Secretary's office an account of all ^^u-^i"-^^ V° ^^
expenfes incurred in making faid road, previous to taking toll
at fuch gate j and within fix months after faid turnpike road
Ihall be completed, lodge in faid ofHce an account of the ex-
penfes of the whole of faid road, (the faid bridge over the two
branches of Parker s River excepted ;) arid that the faid Cor-
poration fhall annually exhibit to the Governor and Council a
true account of the income or dividend arifing from faid toll,
with the necelTary annual difburfements on the faid road ; and
that the faid books of the Corporation, both as to the bridge
and road, fhall at all times be fubjeiSt to the infpedtion of a
Committee to be appointed by the General Court, or to the
infpeclion of the Governor and Council when called for.

Sect. it. Be it further eriaBed^ That whenever any Propri-
etor fhall negleft or refufe to pay any tax or alTeffinent duly
voted and agreed upon by the faid Corporation, to their Treaf-
urer, within thirty days after the time fet for the payment
thereof, the Treafurer of the faid Corporation is hereby ^uthor-cj,, ^ . .5^^
ized to fell at public vendue, the Ihare or fnares of fuch delin- qucnt Proprie-
quent Proprietor, one or more, as fhall be fufficient to defray tors to be lold.
faid taxes and neceflary incidental charges, after duly notifying
in one newfpaper printed in ^alem or Ne-wburyportj and the one

printed
Vol. UL R

130 IPSWICH TURNPIKE. M^rc/j i, An. 18 03.

printed in Bojlon by the printers cf the General Court, the fum
due on fuch fhares, and the time and place of fale, at leaft
thirty days previous to the time of fale ; and fuch fale fhall be
a fufficient transfer of fuch {hare or fhares fo fold to the perfon
purchafing the fame ; and on producing a certificate from the
Treafurer to the Clerk of fai4 Corporation, the name of fuch
purchafer, with the number of (hares fo fold, iLall be by the
Clerk entered on the books of the faid Corporation ; and fuch
perfon fhall be conlldered to all intents the Proprietor thereof,
and the overplus, if any there be, (hall be paid on demand by
the Treafurer, to the perfon or perlons whole Ihares were then
fold,
don Sr^°"e ^^^'^' ^^* ^^ it further enaBed, That the General Court
diffolved when "^^Y diffolve the faid Corporation, fo far as may refpecl the faid
the income has turnpike road, whenever it fhall appear to their fatisfadtion, that
indemnified the the faid income arifing from faid toll fluall have fully compenfated
ropnaora. ^^-^q f^iJ Corporation for all monies they may have expended in
purchafing, repairing and taking care of the faid road, together
with an 'intereft thereon at the rate of twelve dollar! on the
hundred for a year, from the time of the fame, and thereupon
the intereft in the faid turnpike road fhall veil in the Com-
monwealth j but the faid Corporation fhall remain to all intents
and purpofes, in refpe^t to faid bridge over Parker s River^ for
and during the faid term of feventy years, upon the conditions
aforefaid ; all the other bridges on faid turnpike road fhall be
well built j the bridge over Rowley River fliali have one arch
of thirty-two feet in width, and of feven feet in heighth above
high water mark in a middling tide ; and the faid bridges, as
well as the faid road over marfhes, fhall be fecured with fufficient
railing : Provided^ That if the faid Corporation fhall neglect to
complete the faid turnpike road and bridge, for the fpace of
five years from the palling of this Act, the fame fliall be void
and of no effect.

Sect. 13. Be it further etmcledy That the faid Corporation
The rate of toll ^^y ^^^^^ ^^ ^^ hereby empowered to commute the rate of toll with
may be com. any perfoii, or with the inhabitants of any town through which
muted. their turnpike road is made, by taking of him or them any cer-

tain fum annually, or for a lefs time, to be mutually agreed on
in lieu of the toll eftablillied in and by this Act : Provided how-
ever. That the fum to be allowed for the turnpike gates fhall
always be kept diflincl from the fum allowed for the bridge
gate.

Sect. 14. Be it further enabled. That the faid Corporation

Money may be J3 hereby allowed to grant monies to fiich perfons as rendered

u^"affiftanr '^" it-'^^^^ces to the Proprietors in exploring the route of the turnpike

road, or otherwiie, previous to the A6t of incorporation : And

the faid Corporation is hereby authorized to purchafe and hold

other real eilate adjacent to, and for the accommodation of the

faid

MIDDLESEX CANAL.- M^rr/j 2, An. 1803. 131

faid road, to the amount of ten thottfand dollars : And no one
Proprietoi- in the faid Corporation ihall have more than twenty-
votes.

Sect. 15. And he it further enaBcd^ That Jonathan Poor, The privileges
and others, named in the fifth fedlion of an A61 paffed February '^^ J* ^°°''. ^"^
the thirteenth, one thoufand feven hundred and ninety-eight, ^^^'^'■'^^P'^''^' ^
entitled, " An Act for eftablifhing a toll for the purpofe of
repairing and maintaining the great bridge over the river Parher,
in the towm oi Neivbury, and county oi Effex^^ fhall, on rhe old
bridge becoming impaffable, have and enjoy all the privileges
in the bridge provided by this A£t, as is provided by the Aft
aforefaid.

[This Aa pafTed March i, 1803.]

An ACT in further addition to an Acl, entitled, j^n^^j^ ^^5,.
"An Acl for incorporating James Sullivan, Efq. and ^'eh 28,1795.
others, by the Name and Style of The Proprietors of^^''- ^•^' ^^°'''
the Middle/ex Canal."

c p_, D"^ ^'^ enacted by the Senate and Houfe cf Reprefe?ita-

■^ ttvesy in General Court ajfcmbledy and by the author"
ity cf the fame, That the faid Proprietors Ihall be allowed the
term of three years from and after the twenty-fecond day of
June next, to complete the fame Canal to Charles River, and ^^^'^\ ^? \^

'^ rr r^ ^ r ■ • , ■, r ■ , completed to

to eitectuate the means or a communication between the laid charks River.

Canal and the town of Bo/hn, acrofs faid Charles River, by

boats.

Sect. 2. And be it further euaEied, That the faid Corpo-
ration fhall be further allowed the term of fix years, from Time allowed
the twenty-fecond day of June next, to render Concord River f"r cutting oth-
boatable and navigable, and for cutting other Canals in the
county of Middle/ex, purfuant and according to the tenor of
the Acls heretofore pafTed on that fubjeft.

Sect. 3. And be it further ena^ed,'^ih2.t the faid Corporation,
fhall have power to make and ordain fuch by-laws, rules and Ey-Iaws, &c.
regulations as they fhall from time to time find to be expe- ^^l^'^^ *° ^'^
dient and proper for regulating the navigation of the faid Ca-
nal ; and which by-laws fhall be extended to the form and
dimenfions of boats, rafts and floats to be ufed thereon, and
to the regulating fuch landing-places on the fame Canal, as
they fhall eflablilh thereon : Provided, That the penalties by
fuch by-laws eftabliflied, fhall not exceed the fum of ten dol-
lars, to be fued for and recovered by the Treafurer of faid
Corporation, to the ufe of faid Corporation, by an action of
the cafe, before any Jullice of the Peace, or in any Court
proper to try the fam£ ; and the faid Prefident and Directors

fliall

&c.

132 NORTHAMPTON BRIDGE. March 2, An.1803,

Copies of the Ai^ll caufe all fuck by-laws to be printed in a fair type, and a
by-laws to be copy thereof to be placed up at every fuit of Locks on ths
ported in cer- {^^q Canal, and at Locks on the branches thereof, and (hall
ain paces. conftantly keep the fame up, excepting where they or any of
them fhall be removed by accident, or taken down wantonly
or malicioully : And the faid Preiident and Directors ftiall
have power in their by-laws to provide annually againft any
perfon who fhall wantonly or malicioufly pull down fuch,
printed copy of their laws not exceeding ten dollars^ to be re-
covered in manner and for the ufe aforefaid.

Sect. 4. And be it further enaEied^ That if any perfon fliall
penalty for m- wantonly or malicioufly cut, break, injure or deftroy any tow-
jyring c^na!, ing-path, formed pr made by the faid Cor^joration purfuant
to this Aft, or any gates, fluice-ways, drains or refervoirs,
connedled with faid Canal pr any part thereof, fuch perfon
fliall be liable to the fame penalties as are provided by law
againft perfons who fhall break or injure the faid Middlcfe^.
Canali to be recovered in the manner, and to the ufe for which
the penalties for fo breaking and injuring the fame Canal are
to be recovered and applied.

Sect. 5. jind be it further enabled by the authority aforefaid.
That when any boat, float or raft fhall rife or fall any of the
Locks of the faid Middhfex Canal y there fhall be paid thereon
for every ton, a toll or lockage not exceeding one fxteenth of a
dollar for each Lock, and where the rif? or fall is only through
one Lock, there fhall be no toll demanded for the next mile
previous to the coming to, or after having palTed fuch Lock j
and fo in proportion for any number of Locks fo pafled j and
that all boats navigating faid Canal or its branches fhall b^
fubjedl to pay the fame toll for every ton burthen they are
capable of conveying, whether loaded or not.

[This Aa pafled March 2, 1803.]

Toll at
^cks.

yr^aroblc

An ACT for incorporating certain Perfons for the
Purpofe of building a Bridge over Connedicut Riv-
er fm the County oi Hanipjhire, between the Towns
of NortbamplGn and Hadley^ and for lupporting the
fame.

WHEREAS a Bridge over Comteciicut River^ between
the towns of Northampton and Hadleyy in the county
of Hflwffhire^ would be of public convenience \ and whereas
Ebenezer Hunt z.-nd. others have prefented a petition to this
Court, praying for liberty to build the fame, and to be incor-
porated for that purpofe :

NORTHAMPTON BRIDGE. March 2, An. 1 8.03. 133

Sect. I. Be it enaBed h^ the Senate and Houfe of Reprejent-
ativesy in General Court ajfembledy and by fhe authority of the fame y
That Ebenezer Hunty Levi Shepard, Jofeph Lyrnan^ jup. Afahel jj^^^^ ^^ ^^^^
Pomeroy^ John Taylor^ Samuel Porter^ Benjamin Parfons, Eleazer fons incorpo-
Clarky Samuel HcnfJjaiVy Ebenezer Lane, Samuel Hiiickleyy Jofah rated.
Dichinfony John Brecky Benjamin Prefcott, Benjamin Tappan,
Enos Smithy Eli/ha Dickinfon, John Smithy 2d. Lemuel Warner,
Jonathan E. Porter, Eleazer Porter, John HopkinSy JViiUam Por-.
tevy and Wuidjor Smith, with fuch perfons as already have, or
may hereafter aflbciate with themj be, and hereby are made
and conftituted a Corporation and Body Pohtic, by the name
of The Proprietors of the North :nvpton Bridge ; and by that
name may fue and be fued to final judgment and execution,
and to do and lufFer all matters, adts and things which Bod-
ies Politic may or ought to do and fuffer ; and the faid
Corporation Ihall and may have and ufe a common feal, and
the fame may break and alter at pleafure.

Sect. 2. ji^/id be it further enacled by the authority aforefaid.
That any three of the perfons abovenamed may warn and call p.
a meeting of the Proprietors aforefaid, to be holden at any j^^^^. .o"beVan^
convenient time and place, by pubhlhing the fame three weeks ed. Clerk to*
fucceffively in the HamifJAre Gazette, publiflied in Northampton be chofcn, and
aforefaid, the laft publication to be fix days at leaft before ™ e£l.abli<]x-
the tiine of fuch meeting, and the faid Proprietors, by a vote
of the majority of thofe prefent or reprefented at laid meeting,
allowing one vote to and for each fingle Ihare in all cafes, [Pro-
vided howevei'y That no one Proprietor (hall be allowed more
than twenty votes,) ihall choofe a Clerk who Hiall be fworn
to the faithful difcharge of faid office, and fhall alfo agree on a
method of caUing future meetings, and at the fame or at fome
fubfequent meeting or meetings may eledt fuch officers, and
make and ellabliih fuch rules and by-laws as to them ihall
feem neceiTary or convenient for the regulation and govern-
ment of the faid Corporation for the carrying into effect the
purpofes aforefaid, and for colledling the toll hereinafter grant-
ed and eriablifiied, and may annex penalties to the breach of
any by-laws, not exceeding fi"je dJhirs : And all reprefentations
at faid meetings ffiall be filed with the Clerk of faid Corpora-
tion ; and this Aft, and all rules, regulations and proceedings
ihall be fairly and truly recorded by laid Clerk in a book or
books to be provided and kept for that purpofe.

Sect. 3. Be it further enattcd. That the faid Proprietors
be, and they hereby are authorized and empowere'd to erefl a
Bridge over ConneBicut River, in fome convenient place be- Where the
t\yeen Goodman's Pen-]-, fo called, in Hadley, and the turn of Bridge is to be
the river, fo called, in Northampton, in the county oi Hampfiire ; n"aifions'*&c'^
^d faid Bridge ihall be well built;> with fuitsibl? materials, at

leail

X34 NORTHAMPTON BRIDGE. M^rJ^ 2, An. 1803.

leaft twenty-eight feet wide, and covered with planks, with
fufficient rails on each fide, and boarded up twelve inches
high from the floor of faid Bridge, for the fafety of pafTen-
gers travelling thereon j and the fame fhall be kept in good
repair at ail times.

And for the purpofe of reimburfing the faid Proprietors
the money by them expended in building and fupporting faid
Bridge,

Sect. 4. Be it further etiaciedt That a toll be, and hereby i&
Toll eftablifh- g^'^'^^ed and eftablifhed for the fole benefit of the faid Fre-
ed, prietors, according to the rates following, viz. For each foot
pafTenger, three cents ; for each horfe and rider, feven cents /
for each horfe and chaife, chair or fulkey, fixteen cents ; for
each coach, chariot, phaeton or other four-wheeled carriage for
paflengers, thirty-three cents ; for each curricle, twenty-Jive
cents ; for each fleigh, drawn by one horfe, ten cents, and if
drawn by more than one horfe, twelve and an half cents ,- for
each cart, fled or other carriage of burthen, drawn by one beafl,
ten cents, if drawn by two he-AHs^fxteen cents ; and if drawn by
more than two beafis, twenty cents ; for each horfe without a
rider, and for neat cattle, three cents each, and for fheep and
fwine, one cent each ; and one perfon and no more fhall be
allowed to each team as a driver to pafs free of toll : And all
perfons who fhall have occafion to pafs faid Bridge, to perform
military duty, fliall pafs free of toll ; and the toll (hall com-
mence on the day of the firfl opening of faid Bridge, and
lliall continue for the term of feventy years •, and at the place
where the toll fhall be received, there fhall be eredled and
conftantly expofed to view a fign-board, with the rates of toll
fairly and legibly written or printed thereon in large letters \,
Aiiiount of ex- and the faid Corporation, at the time of opening faid
penfes, receipts Bridge, fhall caufe a true and juft account of the expenfes,

merits 'to"'^be ^^^'^^^^^ "^^^ ^* *^^ ^"^^ °^ every three years thereafterwards,
•xbiblted. a juft and true account of all receipts and difourfements, ta
be returned into the office of the Secretary of this Common-
wealth : And after fifty years from the opening faid Bridge,
the General Court may regulate the rates of toll receivable
thereat.
_.. . , ... Sect. 5. And he it further enacled. That if the faid Pro-
ing Bridge lim- P^^i^^ors fliall neglect, for the fpace of fix years from the pafT-
kcd. ing of this Adt, to build and ere£t faid Bridge, then this A€t

to be void acd of no efFedt.

[This A6t pafled March 2, 1803.]

MEDFORD TURNPIKE. March 2, An. 1 803. 135

An ACT for incorporating certain Perfons for the
Purpofe of laying out and making a Turnpike
Road from Medford to Charlejioivn Neck, and for
fupporting the fame.

« T)E it enacfed by the Senate and Houfe of Reprefcnta-

' -^ tiveSi in General Court ajjetnbledy and by the author-
ity of the fame^ That Benjamin Hall, John Brooks, Fitch Hally
Ebenezer Hall, 2d. and Samuel Buel, and all |fuch perfons as
are or fhall be aiTocIated with them, and their fucceflbrs, Ihall
be a Corporation by the name of The Medford Turnpike Corpo-
ration ; and fhall by that name fue and be fued, and enjoy all
the privileges and powers which are by law incident to Cor-
porations, for the purpofe of laying out and making a turnpike
road from the eafterly fide of the road, nearly oppollte to Doc-
tor Luther Stearns's houfe in Medford, and running eaflerly of Courfe of the
Winter Hill and Ploived Hill, to the eaft fide of the road, op-
pofite to Page's tavern, near th'e neck in Chnrlejlown, and for
keeping the fame in repair : Provided, That if the faid Corpo-
ration fhall neglect to complete the faid turnpike road for the f g'^jj,*' Mid"
fpace of three years after the palling of this A(ft, the fame dlefcx Canal.
fhall be void : Provided hoivever. That if the faid road fhould
be laid out acrofs any grounds, the privileges of which have
been heretofore granted by law to the Proprietors of the
Middlffex Canal for the purpofe of cutting a canal, the Propri-
etors of the faid Medford turnpike road fliall be obliged to
make any extra bridge or bridges acrofs the faid canal, or ex-
tra fluices, which fliall be rendered necelTary by the formation
of the faid turnpike road, and to keep the fame in repair.

Sect. 2. And be it further enacted, That the faid Benjamin
Hall, John Brooks, Fitch Hall, Ebenezer Hall, 2d. and Samuel Flrft meeting
Buel, or any three of them, may, by an advertifement in the ^°^^ ^^ ^^ "^^"
Columbian Ceiitinel, call a meeting of the faid Proprietors, to j^^" chofen -
be holden at any fuitable time and place after fifteen days rules eftablifh-
from the publication of the advertifement ; and the faid Pro- ^'^t ^^'
prietors, by vote of the majority of thofe prefent, fhall choofe
a Clerk, who fhall be fworn to the faithful performance of his
duty ; and fhall alfo agree on a method of calling future meet-
ings ; and at the fame or any fubfequent meeting may make
and eftabliili any rules and regulations that fliall be neceilary
or convenient for regulating the faid Corporation, for efFedt-
ing, completing and executing the purpoles aforefaid, or for
coUedting the toll hereafter granted -, and the fame rules and
regulations may caule to be kept and executed, or for the
breach thereof may order and enjoin fines not exceeding thir-
teen dollars and thirty-three cents for any breach thereof : Pro-

videdf

t^6 MEDFORD TURNPIKE. March 1, Atl. 1 86 j.

vided fuch rules and regulations are not repugnant to the law*
or Conftitutign of this Crimmonwealth : And the faid Propri-
etors m^valfo choofe and appoint any other officer or officers
of the Corporation that thev may deem neceflary -, and all rep-
refentations at any meeting' (hall be proved in writing, figned
by the perfou making the fame, which fliall be hied with and
recorded by the Clerk -, and this AcT:, and all rules, regulations
and votes of the (Itld Corporation ihall be fairly and truly re-
corded by the faid Clerk, in a book or books for that purpofd
to be provided and kept.

Sect -^ Jf'd he it further cfiaded. That the fdid turnpike
Clmenfion. of road ihaVbe laid out hot lefs than three rods wide on the up-
the road pre- j^^^ ^^^ ^^^.^ th^n fix rods wide on the marlh, and the pattt
Ihf lates'Jlto be travelled in not lefs than twenty-four feet wide m any
loll cftablki place : And when the faid road (hall be (Sufficiently made and
approved of by a Committee of the Court of General SeiTions
of the Peace for the county of Mtdd/e/ex, to be appointed for
that purpofe, then the faid Turnpike Corporation (hall be,
and hereby is authorized to erea a turnpike gate ^^^ g-^s m
fome convenient place or places on faid road for collecting the
toll fuch as ihall be determined on by faid Corporation and
approved by the aforelaid Committee, and (hall be entitled to
receive from each traveller or palTenger the following rate of
toll to wit : For every coach, chariot, phaeton or other tour-
whe-l-l carriage for the conveyance of perfons, drawn by not
more than two horfcs, te. cents, and if drawn by more than
two horfes, an additional fum of two cents ior each horfe ; for
every cart, waggon, (leigh, or (led, or other carnage of bur-
den, drawn bv not more th..a three cattle, fix cents, and if by
more than three, an additional fum of .^^. cents for every ad^
ditlonal ox or horfe •, for every curricle, eight cents ; for every
cart, drawn by one horfe,>r cents; for every fleigh for th^
conveyance of perfons, drawn by two horfes, >..«/., and if
drawn bv move than two horfes, an additional fum of two cents
for each hori^; for every (led or (leigh, drawn by one horfe,
f,ar cent^ ; for every chaife, chair, or other two-wheeled car.
tiao-e draum by one horfe,/x r./7/^ ; for every man and hor(e,
tw" ents ; for all oxen, horfes and neat cattle, led or driven,
Sdesthofe in carriages and team.s, /.. m.//. ; for all fheep
and fwine,/^.r.«/.by the dozen, and in tlae fame proportion
for a greater or lefs nun.ber : Provided, That nothing m this
Aa (hall authorize faid Corporation to demand toll of any
perfon who mall be paffing with their horfe or carnage to m'
E.emphons f,-om his ufual place of public worlhip, or with h.s hor(e, team
from toll. ,g to or from the common labours ot his tarm ; ana

that when no toU-i^atherer (hall be prefent at faid gate to re-
ceive the toll, the faid gate (hall be left open, and travelleCS
be permitted to pafs freely. ^^^^^

MEDFORD TURNPIKE* March 2, An. 1 803. 137

Sect. 4. And be it further enaEledt That the faid Corpora-
tion fhall, at the place where the toll is collefled, ereft and sion-boird to
keep conftantly expofed to view, a fign or board, with the be'ercdcd.
rates of toll of all the tollable arcicles fairly and legibly writ-
ten thereon.

Sect. 5. And he it further etiaBedy That faid Corpora -
lion may purchafe and hold any land over which they may
make faid roads •, and the Juftices of the Court of General
Seffions of the Peace in the county of Middlefex are hereby ^°""^ i^^f^
authorized, on application from the faid Corporation, to lay th« road,
out fuch road, or any part thereof, as, with the qonfent of
faid Corporation, they may think proper : And the faid Cor-
poration ihall be holden to pay all damages which fliall arife
to any perfon by taking his land for fuch road, where it can-"
not be obtained by voluntary agreement, to be eftimated by a
Committee appointed by the Court of General Seflicns of the
Peace in the county of AUddlefex, faving to either party a
right of trial by Jury, according to the law which makes pro-
viiion for the recovery of damages happening by laying out
public highways.

Sect. 6. Atid be it further enabled. That if the faid Corpo*
ration, or their toll-gatherer, or others by them employed,
fliali unreafonably delay or hinder any palTenger or traveller
at the faid gate, or fhall demand or receive more toll than is
by this Acl eflabiiflied, the Corpoi-ation fhall forfeit and pay a Penalty ford«»
fum not exceeding ten dollars^ nor lefs than tivo dollars^ to be Joying paffc«.
recovered before any Juftice of the Peace of the faid county ^^"*
of AliddlefeXf by any perfon injured, delayed or defrauded, in
a fpecial aiftion of the cafe ; the writ in which fliall be ferved
on faid Corporation by leaving a copy of the fame with the
Treafurer, or fome individual member of faid Corporation liv-
ing in fdid county, or by reading the fam.e to the laid Treafu-
rej|ipr member, at leaft ieven days before the day of trial j and
the'Treafurer of faid Corporation, or individual member, Ihall
be allowed to defend the fame fuit in behalf of the faid Cor-
poration : And the faid Corporation fhall be liable to pay all
damages that fliail happen to any perfon from whom the toll
is demanded, for any damage which fhall arife from the de-
fedt of bridges or want of repairing faid road j and Ihali alfo
be liable to prefentment by the Grand Jury for not keeping
the fame in good repair.

Sect. 7. And he it further enaBed, That if any perfon
(hall cut or break down, or otherwife deflroy faid gate, or
Jhall dig up or carry away any earth from the faid road, or iiX
any manner damage the fame, or ihall forcibly pafs, oi attempt
to pafs by force the faid gate, without having firft paid the le-
gal

Vqu III, S

138 MEDFORD TURNPIKE. March 2, An. 1 803.

Penalty for in- gal toll at fuch gate, fucli perfon {hall forfeit and pay a fine
juring theroad. not exceeding Jrfty dollnrsy and not lefs than ten dollars, to be
recovered by the Treafurer of faid Corporation, to their ufe,
in an adlion of trefpafs on the cafe : And if any perfon with
a team, cattle or horfes, (hall turn out of faid road to pafs the
turnpike gate aforefaid, and again enter faid road, with an at-
tempt to avoid any toll eftabhihed as aforefaid, fuch perfon
1 cnaltjr for {)^^\[ forfeit and pay three times as much as the legal toll at
vading the toll, ^"^h gate eftablifhed aforefaid, to be recovered by the Treaf-
urer aforefaid, to the ufe of faid Corporation, by an adtion of
debt.

Sect. 8. And be it further enaEied^ That the fhares in faid
Share fd ^^"^^ ^'\2iS\. be deemed perfonal eftate to all intents and purpo-
ered perfonal f^s j and fliall be transferable by deed duly acknowledged be-
eftate ; with fore any Juftice of the Peace, and recorded by the Clerk of
mode of at- f^j^j Corporation, in a book to be kept for that purpofe : And
tachment and . n nuL -k \ /• Vi-

execution. when any Ihare ihali be attached on mejne procejSy or taken m

execution, an attefted copy of fuch writ of attachment or exe-
cution (hall, at the time of the attachment or taking in execu-
tion, be left with the Clerk of faid Corporation, otherwife the
attachment or taking in execution to be void ; and fuch {hares
may be taken and fold by execution in the fame manner as
other perfonal eftate ; and the ofHcer or judgment creditor
leaving a copy of fuch execution, with the return thereon, with
the Clerk of faid Corporation, within fourteen days after fuch
file, and paying for the recording thereof, {hall be deemed a
fulficient transfer of the fame.

Sect. 9. And he it further enaEted, That whenever any
Proprietor {hall negleft or refufe to pay any tax or afTeftinent,
duly voted and agreed upon by the laid Corporation, to their
Treafurer, within thirty days after the time fet for the pay-
Sharesofdehn- ^^gj^j. thereof, the Trealurer of the laid Corporation is hereby
ctors to be authorized to fell at public vendue the fhare or {hares ofj^h
fold. dehnquent Proprietor, one or more, as fhall be fufficient tWe-

fray faid tax and necelTary incidental charges, after duly noti-
fying in one newfpaper printed in Bojlon, the fum due on fuch
fliares and the time and place of fale, at leaft thirty days pre-
vious to the time of fale ; and fuch fale {hall be a fulficient
transfer of fuch Ihare or {hares fo fold to the perfon purchal^
ing the fame ; and on producing a certificate from the 1 Veal^
urer with the number of {hares fo fold, {liall be by the Clerk
entered on the books of the faid Corporation ; and fuch per-
fon iliall be confidered to all intents the Proprietor thereof;
and the overplus, if any there be, fliall be paid by the Treaf-
urer to'the perfon whofe Ihares were then fold.

Sect. id. And be it further ena^ed. That every Proprle-
Right of "^ot-^Qj. jj^ ^YiQ faid turnpike road, or his agent duly authorized in
^^^ writing.

PORTLAND SECOND PAR. M^rr^ 3, An. 1803. '39

writing, fhall have a right to vote in all meetings of the faid
Proprietors, according to his number of fhares in the fame :
Provided^ That no Proprietor fhall be entitled to more than ten
votes.

Sect, i i . And be it further etiaBedj That the General The General
Com-t may diffolve faid Corporation whenever it fhall appear ^""''^ may dif-
to their fatisfaction, that the income arifmg from the toll Ihall p°oradon.^
have fully compenfatcd the faid Corporation for all monies
they may have expended in purchaflng, laying out, making,
repairing, and taking care of faid road, together with an in-
tereft thereon at the rate of tivelve per centum by the year ;
and thereupon the property of the faid road fball be veiled in
this Commonwealth, and be at their difpofal ; and that the
books of the faid Corporation fhall at all times be fubjecl: to
the infpeftion of a Committee to be appointed by the Gene-
ral Court, when called for.

Sect. 12. -^W 3^ ?/yMr/^t?r .?;7a^ffl'. That the faid Corpora- Rate of toll
tion be, and is hereby empowered to commute the rate of toll "^^V ^^ "-^-
with any perfon or perfons, by taking of him or them any cer- ™"'^
tain fum annually, or for a lefs time, to be mutually agreed
on, in lieu of the toll eftablilhed in and by this Act.

Sect. 13. And he it further enacled., That the faid Corpo- Real eftate al-
ration be, and hereby is authorized to purchafe and hold other lowed to be
real eftate, adjacent or near to, and for the accommodation of ^'•'^^
the faid road, to the amount of^.v thou [and dollars.
[This Aa pafled Alarch 2, 1803.]

An ACT to authorize the inhabitants of the Second

Parifb. in Portland^ to tax the Pews and Seats in AdditionaiAd,
their Meeting-Houfe ; and to make valid certain ^"""^^ ^''^^"^
former Proceedings of faid Parifli, and for other
Purpofes in faid Act mentioned.

WHEREAS the inhabitants of the fecond parlfh in Port- preamble
land have petitioned the Legillature to eftablilh and
make valid in law their parifli meetings, heretofore held in
purfuance of notifications and warrants made by the Commit-
tees or AiTelTors of the fame parifh, which are confidered to
be informal and not fuch warrants to call meetings as the law
requires •, more efpecially to eftablifh the annual meeting held
in April laft j and alfo to eftablifh and make valid the leveral
alTelTments heretofore made on the pews in their meeting-
houfe in faid Portland, by virtue of a law paiTed the four-
teenth day of February i Anno Domini, 1789, which law is
found infufficient for the purpofe ; and to authorize the faid
inhabitants to tax the pews and feats in their faid meeting-

houfe J

140 PORTLAND SECOND PAR. March ^, An.itoT,.

houfe i and alfo further to authorize Lemuel Weeks, John
Bngley, Jofeph H. Ingraham, John Thrafjer, Jofeph McLellatiy
Abner Lowell, William Bond, and Jhnmas Sandfordy who^ to-
gether with Jyjcph Jeivett and John Fox, now deceafed, v/ere
appoiated a Conimittee by faid parilh in the year of our Lord
1788, to purchafe land to build the meeting-houfe of faid
parifh upon, and who by miftake took the land to themfelves
and their heirs, together with Ruth Jewett, the adminiftra-
trix of faid Jofeph Jewett, and Sarah Fox, the adminiftratrix
of faid John Fox, to convey or releafe faid land fo purchafed
by them the faid inhabitants, fo that faid inhabitants may
hold the fame land, and the prefent refpective owners of the
pews may hold the fame pews in as full and ample a manner
as though the faid deed had been originally conveyed to th»
parifli ;

Sect, i . Be it therefore enabled by the Senate attd Hotfe ofRepre"
fentativeSyin General Court affemhled, and by the authority of the fame y
Proceeding! of That the feveral parilh meetings aforefaid, heretofore held by
certain meet- ^t^^. f^j^j inhabitants, called by the faid Committee or Afieflbrs
irigs made val- j^^ manner aforefaid, be confidered as duly called, and the fame
meetings and the proceedings therein, be made valid and ef-
fectual in law, fo far as it refpedls the manner of calUng the
fame, notwithftanding any informality in faid notifications or
warrants, or in fummoning faid inhabitants ; and that the
fummoning or warning faid inhabitants to hold their annual
meeting in April hft, and the warrant for that purpofe by the
afTelTors of faid parifh be, and is hereby made good and valid
in law, notwithllanding the meeting at which faid aflelTors
Tvere chofen might not have been called as the law requires.
Sect. 2. And be it further ena^ed. That the feveral aflelT-
Affrffments ^^lents made by the affeflbrs of faid pariflj, on the pews in
confirmed and their faid meeting-houfe, or partly on the faid pews, and part«
collectors au-ly on the poUs and eftates of faid inhabitants as aforefaid, be
thonzed. confidered as duly aflelTed ; and that the feveral colleftors du~

ly chofen to coUedl: the fame be, and they are hereby fully
authorized to coliedl the refpedlive bills to them committed,
and in default of payment thereof, to fell the faid pews as oth-
er real eftate is fold for taxes \ and if need be, other eftate as
the law directs.

Sect. 3. And he it further enaBed, That the inhabitants of

Pews may t>e ^aid parilh have full power, and they are hereby authorized

wholly or part- to tax the pews and feats in faid meeting-houfe, or the faid

!y taxed. pews in. part, and the polls and eftate of the inhabitants

of faid parifh in part, as they may deem proper, to defray the

minifterial and other parifh charges ; v/hether the pews to be

taxed wholly, or the pews in part, and the polls and eilates

in part, to be determined by faid inhabitants at their annual

meeting in March or ApriL

Sect,

BRAINTREE, &c. TURNP. March 4, An. 1 803. 141

Sect. 4. And be it further enaBed^ That Ruth Jeivetty as perfon, ^y.
fhe is adminiftratrix on the eftate of Jofeph Jeiuettj deceafed, thorizedtocon-
and Sarah Fox, as fhe is adminillratrix on the eftate of John vcy certain
Foxy deceafed be, and they are hereby fully authorized, to- '^" '
gether with the faid JFceks, Bagley, Ingraharriy Tkraf/jery Mc'-
Lellatti Loivelly Bofid, and Sandford, to convey and releafe the
land purchafed by them as aforefaid, to the inhabitants, {o
that faid inhabitants may hold the land, and the owners of the
pews in their faid meeting-houfe may hold their refpeflive
pews in as full and ample a manner as though the faid land had
been given to faid inhabitants at the firft.w

Sect. 5. And be it further enacted. That the AfTeflbrs and
the other officers of faid parlfli, chofen at their faid annual Choice of cffi-
meeting in April laft be, and they are hereby declared duly "''* confirmed,
chofen 5 and that the meetings that have been, and fhall in
future be called by faid Afleifors agi-eeably to law, fhall be
coniidered duly called.

[This Aa pafTed March 3, 1803.]

An ACT for incorporating certain Pcrfons for the
Purpofe of laying out and making a Turnpike
Road from ^incy Meeting-Houfe to a Place called Additional A<«f,
^een Ann's Corner, on the Borders oi Hi ugh am and ^'-''^' "> ^^^i-
Scituaie, for building the neceffary Bridges on faid
Road, and for fupporting the fame.

WHEREAS the making of the faid road and bridges will
be of great public convenience and utility, and Cotton
Tufts, Efq. and others, have petitioned this Court for an Aft of
incorporation, to empower them to lay out and make faid road,
and ereft: and build faid bridges, and have fubfcribed to a fund
for that purpofe : Therefore,

Sect. i. Be it enabled by the Senate and Houfe of Reprefenta-
fives, in General Court affembled, and by the authority of the fame.
That Cotton Tufts, Ebenezer Thayer, Eliphcdet Loud, Aiinott Thayer, Na^nes of per.
Cotton Tufts, jun. Gideon L. Thayer, John Tirrel, John White, fons incorpora-
Ezra Pratt, Afa White, David P. Hnyivard, and all fuch perfbns "^i-
as are or fhall be aflbciated with them, and interefted in faid
fund, and their iucceflbi-s, fliall be a Corpi/ation by the name
of The Brai/itiee and Weymouth Turnpike Corporation ; and fliall
by that name fue and be fued ; and fliall have a common feal,
and enjoy all the privileges and pov/ers which are by law inci-
dent to a Corporation, for the purpofe of laying out and making
a turnpike road, and building the bridge or bridges aforefaid,
and keeping the fame in repair ; that is to fay, a road beginning Courfe of the
at Bracken's Corner^ in Qtdncy^ lb called j dience to be continued road.

142 BRAINTREE, &c. TURNP. March 4, An. 1803.

to or near the head of Haynvard's Creek, in Braintree ; thence
to the weft end of Minott Thayer's wharf, oppofite to Thomas's
Pointy in laid Braintree ; thence to or near the weft end of Cotton
TuftSy jun's. ftore, in Weymouth ; from faid tveft end of faid
ilore, to or near the weft end of W/^itmau's Pond, fo called, in
faid Weymouth ,• from thence to or near the north-eaft end of
Accord Pond, fo called j from thence to or near the aforelaid
Queen Ami's Corner, on the borders of Hingham and Scituate ;
and of building a bridge over faid Hayiuard's Creek aforefaid, if
fuch fhould be found neceflary ; and alio of building a bridge
over the river fronPthe faid weft end of faid Minott Thayer's
wharf to faid Thomas's Point, fo called.

Sect. 2. And be it further enaBed, That the fame turnpike
road Ihall be laid out and made by the faid Corporation of
fufiicient width in every part thereof for the accommodation of
the public *, that is to lay, faid road fhall not be more than four

S'"road°"* °^ ^'^^^ ^^^^ "^^^ ^^^^ ^■'^^^ *^^^® ^°^^ vf^'^ei and the part to be
travelled on not lefs than twenty-four feet in width in any place j
and when the faid turnpike road Ihall be fuSiciently made, from
faid Bracketfs Corner to faid Tufts' ftore, and the bridge or
bridges within faid route fliall be fuificiently built and made,
and ihall be fo allowed by the Juftices of the Supreme Judicial
Court, at any term thereof, in any county of this Commonwealth,
then the faid Corporation fliall be authorized to ereft a turnpike
gate on the fame, between faid Bracketfs Corner and faid Tifts*
ftore, in fuch manner and place as fliall be thought necelTary
and convenient, fo that faid gate be not erected on any old
travelled road ; and fliall be entitled to receive from each paf-
fenger and traveller, the following rate of toll, viz. For every
T 11 eftablilh- ^°''^^> phaeton, chariot or other four-wheel carriage, for the
ed, conveyance of perfons, drawn by two or more horfes, twenty-five

' cents i for every cnrv\c\e, feventee7i cents ; for every cart, waggon,

fled or fleigh, drawn by two oxen or horfes, ten cents, and if
drawn by more than two, an additional fum of two and one half
cents for each additional horfe or ox ; for every chaifc, chair or
other carriage, drawn by one horfe, ten cents, and for every
additional horfe, two and one ha f cents ; for every fled or fleigh,
drawn by one horfe, fix and one quarter cents, ^nd for every
additional horfe, two cents and one half; for every man and
horfe, five cents ; for every man and wheelbarrow, hand-cart,
or other vehicle, capable of carrying a like weight, three cents ;
and for all horfes, mules or cattle, led or driven, beiides thofe in
carriages, one cent each ; for all flieep and fwine, three cents per
dozen, and in that proportion for a greater or lefs number.

Sect. 3. And he it further enaBed, That when faid road
fhall be fufficiently made, from faid Tufis^ ftore to or near faid
Queen Anrls Corner, and Ihall be fo allowed and accepted by

the

BR AINTREE, &c. TURNP. March 4, An. 1 803. 143

the faid Juftices as aforefaid, then the faid Corporation (hall be Additional
authorized to ereft another turnpike gate on the Hirne, between gate allowed,
faid Tufts' ftore and faid Qiieen Ann's Corner., in fuch place and
manner as fhall be neceifary and convenient, fo that faid gate
be not erected on any old travelled road ; and fhall be entitled
to receive from each paiTenger and traveller the rates of toll
eftabliflied at the other gate as aforefaid.

Sect. 4. Provided alfoy and he it further enaBedy That faid
bridge, to be erefted from faid weft end of faid Minott Thayerh
wharf to faid Thomas's Point (hall be well built, at leaft twenty- j^e Bridgc^U
eight feet wide, of good and fuitable materials, and be well to be built,
covered with plank or timber on the top fuitable for fuch a
bridge, with fufficient rails on each fide for the fafety of pafTen-
gers; and the fame Ihall be kept In good, fafe and pafTable
repair : And the faid bridge fliall have, at a fuitable place, a
good draw or pafTage-way thirty feet wide, which fhall be con-
flantly attended, and at all times be opened by the Proprietors
of faid Corporation when required, through which vefTels may
pafs both by day and by night without toll : And the faid Cor-
poration fhall keep fix lamps properly placed on faid bridge,
which fhall be conftantly fupplled with oil, and kept burning
from night fall till twelve of the clock, and thofe at the draw
during the whole night, excepting at fach times when the river
Ihall be frozen over, or the tide fo low that vefTels cannot pafs
in the channel.

Sect. 5. And he it further enaEled^ That If faid Corporation,
or their toll-gatherer, or others in their employ, fhall unreafon-
ably delay or hinder any traveller or paflenger at either of faid
gates, or fhall demand or receive more toll than is by this A6t
eftabliflied, the faid Corporation fhall forfeit and pay a fum not
exceeding ten dollars nor lefs than tnvo dollars ^ to be recovered Penalty for de-
before any Juftice of the Peace of the county where the offence '^>''"S paflen-
fliall be committed, by any perfon injured, delayed or defrauded, ^'^^*'
in a fpecial adtion of the cafe ; the writ in which fliall be ferved
on faid Corporation, by leaving a copy of the fame with the
Treafurer, or with fome Individual member, feven days at the
leaft before the trial ; and the Treafurer of faid Corporation,
or individual, ihall be allowed to defend the fame fuit in behalf
of the faid Corporation : And the Corporation fliall be liable
to pay all damages that fliall happen to any perfon from whom Corporation li-
the toll is demandable, for any damage which fhall arlfe from ^^^^ ^''l ^'■'^^^
defe6l of bridges or want of repairs in faid way ; and fliall alfo road not being
be liable to prefentment by the Grand Jury, for not keeping the in repair,
fame in good repair.

Sect. 6. And he it further enacted. That If any perfon fliall
cut, break down or otherways Injure or deftroy either of faid
turnpike gates, or fhall dig up or carry away any earth from

faid

144 BRAINTREE, &c. TURNP. March ^, An.1803.

iaid road, or in any manner damage the fame, or (hall forcibly
pafs, or attempt to pafs the faid gates or bridges by force, with-
out having firft paid the legal toll at fuch gate, or (hall carry on
faid road any load of ftones of a greater weight than two tons,
cart or waggon included, upon wheels left than nine inches
Penalty for in- wide, fuch perfon fhall forfeit and pav a fine not exceeding fifty
jufingtheroai ^,//^^^ ^^^ ^^^^ ^^.^^ fwo dollars, to be recovered by the Treaf-
nrer of faid Corporation to their ufe, in an aftion of trefpafs, or
a fpecial adlion on the cafe : And if any perfon with his team,
cattle or horfe, fhall turn out of faid road to pafs any of the
turnpike gates, and again enter on the faid road, with intent
to evade the toll due by virtue of this Adl, fuch perfons fhall
forfeit and pny three times fo much as the legal toll would have
been, to be recovered by the Treafurer of the faid Corporation,
to the ufe of the fame, in an a6tion of debt, or a fpecial adlion
on the cafe : Provided.^ That nothing in this A(ft fliall extend
to entitle the faid Corporation to demand and receive toll of any
HxemptioRs perfon who fliall be palling with his horfe or carriage to or from
public worflaip, or with his horfe, team or cattle, to or from hia
common labour on his farm, or to and from any griit-mill, or
on the common and ordinary bufinefs of family concerns, or
from any perfon or perfons pafling on military duty.

Sect. 7. And he it further enacledy That the fhares in the
Share* confid- fjjj^g turnpike road Ihnll be taken, deemed and confidered to be
eftate. ' perfonal efbte, to all intents and purpofes, and fhall and m.ay
Mode of at- be transferable ; and the mode of transferring faid fliares fliall
lachraait, &.c. \jq by deed, acknowledged before any Juftice of the Peace, and
recorded by the Clerk of faid Corporation in a book for that
purpole to be provided and kept : And when any fliare fhall
be attached on mefne procefsy or taken in execution, an attefted
copy of fuch writ of attachment or execution fhall, at the fame
time of the attachment or taking in execution, be left with the
Clerk of the Corporation, otherwife the attachment or taking
in execution fhall be void ; and fliares may be fold on execu-
tion in the fame manner as is or may by law be provided for
making fale of perfonal property on execution ; the officers
making the fale, or the judgment creditor, leaving a copy of the
execution and the officer's return on the fame, with the Clerk
of faid Corporation, within fourteen days after fuch fale, and
paying for the recording of the fame, fhall be deemed and con-
fidered as a fufficient transfer of fuch fhare or fliares in the
fame turnpike road.
Firft meeting SeCT. 8. And be it further enaHed, T\\^.t t\\e ^T^ m^etmg
<vhcie to be of the faid Corporation fhall be held at the houfe of John
held ; and the Newcombj in Oulncyy on the fecond Tuefday of Mnrch next,
SaLd" ^^ ^^^ ^^^ purpofb'of choofing a Clerk, who fhall be fworn to the
faithful difcharge of the duties of his faid office, and fuch other

officers

BR AINTREE, &c. TURNPIKE. March 4, An. 1 803. . I4?5

officers as may then and there he agreed upon by the fiiid Cor-
poration ; and the fliid Corporation may then eftablifli luch
rules and regulations as fhall be judged neceffary for the better
management of its affairs, previikd fuch regulations lliall not
be repugnant to the Conftitution and laws of this Common-
wealth •) and the faid Corporation may at the fame time agree
upon a method for calling future meetings.

Sect. 9. And be it further etiaBed, That the fald Corpora- statement of
tion fliall, within fix months after their toll fhall commence at the whole ex-
either of the faid gates, lodge in the Secretary's office an account penfe and of
of all expenfe incurred in making faid road anid bridges, previ- *^5 \^^^^^ dif'
ous to the taking toll at fuch gate 5 and within fix months after burfements to
faid turnpike road and bridges fhall be completed, lodge in faid be exhibited.
office an account of the expenfes of the whole of faid road and
bridges ; and that the faid Corporation fhall annually exhibit
to the Governor and Council a true account of the income or
dividend arifing from the laid toll, with their necelTary annual
difburfements on faid road ; and that the books of the faid
Corporation fhall at all times be fubjeft to the infpC(Slion of a
Committee to be appointed by the General Court, or to the
infpedtion of the Governor and Council when called for.

Sect. 10. And be it further enabled , That whenever any
Proprietor fliall neglefl or refufe to pay any tax or afTeffiiient,
duly voted and agreed upon by the faid Corporation, to their
Treafurer, within thirty days after the time fet for the payment
thereof, the Treafurer of the faid Corporation is hereby author-
ized to fell at public vendue, the fhare or ihares of fuch delin- ^Jiarca of Se-
quent Proprietor, one or more, as fhall be fufficient to defray p";^"^"^ to 'be
faid taxes, and necefTary incidental charges, after duly notifying fold.
in one newfpaper printed in Bojlon by the printers of the Gen-
eral Court, the fum due on fuch fhares, and the lime and place
of fale, at leafl thirty days previous to the time of fale ; and
fuch lale fhall be a fufficient transfer of the fiiare or fliares fold,
to the perfon purchafing the fame j and on prodiicing a certifi-
cate of fuch fale, from the Treafurer to the Clerk of faid Cor-
poration, the name of fuch purchafer, with the number of fhares
fold, fhall be by the Clerk entered on the books of the faid '

Corporation, and fuch perfon fliall be confidered to all intents
and purpofes the Proprietor thereof: and the overplus, if any
there be, fhall be paid on demand, by the Treafurer, to the
perfon whofe fliare or fhares were fold.

Sect, i i. And be it further enabled, That the faid Corpora-
tion fhall, at all places where the faid toll fliall be coUedled, eredl Slgn^hoard to
and keep conftantly expofed to view, a ilgn or board, with the ^ ereded.
rates of toll of all the tollable articles fairly and legibly written
thereon in large or capital letters.

Sect.

Vol. hi. T

146 BRAINTREE, &c. TURNPIKE. March 4, An. 1 803.

The General SecT. 12. And be it further e?iaBediT^]\zX.i\\Q GtnQX2L\Co\xrt

Court may dif- may diilblve faid Corporation, whenever it fhall appear to their

folve the Cor- fatisfa<flion, that the income ariling from faid toll fliall have fully

' ' compenfated the faid Corporation for all monies they may have

expended in purchaiing, repairing and taking care of the faid

road, together with an intereft thereon, at the rate of twelve '

per ce?itU7n by the y6ar, and thereupon the property of the faid

road {hall be vefted in this Commonwealth, and be at their

difpofal.

Sect. 13. And be it further enacied^ That every Proprietor
Right of vot- in the faid turnpike road, or his agent duly authorized in writ-
*"£• ing, fhall have a right to vote in all meetings of the faid Cor-

poration, and be entitled to as many votes as the Proprietor
has fhares in the fame, provided his number of fhares do not
exceed ten j but no Proprietor (hall be entitled to more than
ten votes for any greater number of lliares he may poflefs.
Corporation al- Sect. 1 4. And he it further enacted^ That faid Corporation
lowed to take may purchafe and hold any land over which they may make faid
and hold lands. j-Qad ; and the faid Corporation are empowered and authorized
to employ a fworn Surveyor to lay out faid road, or any part
thereof; And the faid Corporation fhall be holden to pay all
damages which fliall arife to any perfon by taking his land for
fuch road, where it cannot be obtained by voluntary agreement,
to be eilimated by a Committee appointed by the Court of
General SefTions of the Peace in the county in which faid dam-
age ihall arife, faving to either party a right of trial by Jury,
according to the law which makes proviflon for the recovery
of damages happening by laying out public highways.
The rate of toll Sect. 15. And be it further enaBed^ That the faid Corpora-
may be com- jJqj^ y^^^ ^^^ \^ jg hereby empowered to commute the rate of toll
^^ with any perfon, or with the inhabitants of any town through

which their turnpike road is made, by taking of him or them
any certain fum annually, or for a lefs time, to be mutually
agreed on in lieu of the toll eflabliflied in and by this Acl.
Sect. 16. Atid be it further enacledy That the faid Corpo-
Corporation al- ration is hereby allowed to grant monies to fuch perfons as

iowea to grant j-gndered fervices to the Proprietors, in exploring the route of
riionits to ccf" . ^

tain perfons. the turnpike road, or otherwife, previous to the Aft of incor-
poration : And the faid Corporation is hereby authorized to
purchafe and hold other real eftate, adjacent to, and for the
accommodation of the faid road, to the amount oi fix thoifand
dollars.

Sect. 17. And he it further enaBed, That if the faid Pro-

^. . , prietors fhall negle^ or refufe, for the fpace of four years after

ing road limit* ^^ pafling of this Afl, to build the faid bridge or bridges, and

ed. to make the faid turnpike road, then this hSi fliall be void and

of no efiect.

[This Aa paiTed March 4, 1803.]

CHESTER TURNPIKE. March s,An,iSo^. 147

An ACT eftablifhing Tbe Chejler Turnpike Corporation, june 21^18^^!

„ -qE it enacled by the Senate and Houfe of Reprefenta-

' ' -D fives, in Genera/ Court ajfemhled, and by the author-
ity of the fame. That David Mack, WilUam Sizer, and Charles
Plumb, and all fuch perfons as fhall be affbciated with them and
their lucceiTors, be, and they hereby are conftituted a Corpora-
tion, by the name of The Chejler Majfachujetts Turnpike Corpora^
tion, for the purpofe of laying out and making a turnpike road,
from the forks of the road in Partridgcfield weft parifh, a few coy^fe of die
rods weft of the new meeting-houfe there, leading to Middlefield 103,^.
meeting-houfe ; thence to Chejler meeting-houfe •, and thence
to Parley Cook's,, in faid Chejler, near the weft branch of IFeJl-
Jield River, and for keeping the lame in repair, in fuch place or
places as are laid down in a plan of the faid propofed turnpike
road ; which road fhall not be lefs than four rods wide, and the
path to be travelled on not If 's than tv/enty-two feet in width
in any place where It is pr.u::icable, and well guarded with
railings in dangerous places : And when the faid turnpike road
fhall be fufficiently made, and Ihall be fo allowed and approved
by a Committee to be appointed by the Juftices of the Court of
Common Pleas for the county of HavvpfiAre, then the faid Cor-
poration fhall be authorized to ereft one turnpike gate on the
lame, in fuch place as fliall be neceftary and convenient ; and
Ihall be entitled to receive from each traveller and paftenger at
faid gate, the following rates of toll, viz. For every coach, phae- ^ ,, « . v^
ton, chariot, or other four-wheel carriage, drawn by two horfes, ^^
tHvent\'-fve cents, and if drawn by more than two horfes, an
additional fum of three cents for each horfe ; for every cart,
waggon, fled or fleigh, drawn by two horfes, ten cents, and if
drawn by more than two, an additional fum of three cents for
every fuch ox or horfe ; for every curricle, ffteen ^cents ; for
every chaife, chair or other carriage or cart, drawn by one horfe,
twelve cents and five mills ; for everv' man and horfe, fue cents .•
for all oxen, horfes and neat cattle, led or driven, beftdes thofe
in teams and carriages, one cent each ; for all flieep and fwine,
three cents by the dozen, and in that proportion for any number :
Provided, That nothing in this Act fliall extend to entitle the Exemption*
faid Corporation to demand and receive toll of any perfon who from toU.
fjiall be pafling with his horfe, team or carriage to or from
public worfhip, or with his hoi-fe, team or cattle, to or from his
common labour on his £irm, or to or from any grift-mlU, or
on the common or ordinary buftnefs of family concerns within
the fame town, or from any perfon or perfons pafUng on mili"
tary duty, or to or from any funeral : Provided alfo, That the

faid Corporation mav, if they fee fit, commute the rate of toll ^"""'"ff'*'°"

• 1 r , • , -, . ^ r 1 1 1 • 1 1 r • J of t-oU ailowci

wit^ any of the mhabitants of any town through wmch the laid

road

i4» CHESTER TURNPIKE. March 5, An. 1 803.

iK)ad paffes, by taking of him or them any certain fum annually,
to be n^utually agreed on in lieu of the toll eftabliflied in and by
this Aft.

Sect. 2. And he it further enafledy That the faid Corpora-
Corporation tion may purchaie and hold any land over which they may make
T^akrin-'''' ^^^ ^^ ^'°^^ ' ^"^^ "^^"^^ Juftices of the Court of General Seffions
plyinV ^for oi. the Peace in the county where the land lies, are hereby
damage, authorized, on application from the faid Corporation, to lay

out fuch road, or any part thereof within their refpedtive jurif-
dictions, as with the confent of the faid Corporation they may
deem proper : And the faid Corporation fliall be holden to
pay all damages which fhall arife to any perfon by taking his
land for fuch road, where it cannot be obtained by voluntary
agreement, to be eftimated by a Committee to be appointed by the
faid Court, faving to either party the right of trial by Jury, ac-
cording to the law which makes provifion for the recovery of
damages happening by the laying out public highways.

Sect. 3. And be it further enaclei^ That if tlie faid Corpo-
ration, their toll-gatherer, or o'Jiers in their employ, fnall
unreafonably delay or hinder any traveller or paflenger at the
faid gate, or Ihall demand or receive more toll than is by this
Act eftabiillied, the Corporation fliall forfeit and pay a fum not
penally for de- exceeding ten dollars nor lefs than one dollar , to be recovered
laying travel- ^gf^.g ^ny Juftice of the Peace of the county wherein the of-
fence flwii be committed, by any perfon hindered, delayed or
defrauded, in a fpecial action on the cafe \ the writ in which
Ihall be ferved on the Corporation, by leaving a copy of the
fame with the Treafurer or with fome member of the Corpo-
ration living in the county wherein the adlion may be brought,
at leafc ieven days before the day of trial j and the Treafurer or
iuch member Ihall be allowed to defend the fame fuit in behalf
of the Corporation : And the Corporation ftiall be liable to
pay all damages which fhall happen to any perfon from whom
toll is by this Act demandable, for any damages which arife
from defecl of bridges, or want of repairs within the fame way ;
and Iball alfo be liable to a fine on prefentment of the Grand
Jury for not keeping the lame way, or the bridges thereon, in
good repair.

Sect. 4. And he H further enaBed, That if any perfon fhall
cut, break down or deftroy the faid turnpike gate, or ihall
forcibly pal's, or attempt by force to pafs the fame, without
having firil paid the legal toll at faid gate, fuch perfon fhali
— for injuring fQj-fgit ^■^,\ p^y - f^^g not exceeding ffi^ dollars nor lefs than
raffing"^' by i'l-^^ dollars^ to be recovered by the Treafurer of the faid Cor-
force. poration to their ufe, in an action of trefpafs : And if any

perfon fhall, with his cattle, team, carriage or horfe, turn out
of the laid road to pals the laid turnpike gate, on ground adja-
cent

CHESTER TURNPIKE. March 5, An. 1 803. 149

cent thereto, and again enter on fald road, with intent to avoid
the toll due by virtue of this Acl, fuch perfon {hall forfeit and
pay otte dollar, to be recovered by the Treafurer of the faid
Corporation to the ufe thereof, in an adion of debt or on the
cafe.

Sect. 5. And be it further em^edy That the fliares in the '''^'"^\f"j^jf
fame turnpike road fhall be taken, deemed and confidered to P^^'°"jJ^jg "^
be perfonal eftate to all intents and purpol'es, and fhall and may transfer and at-
be transferable j and the mode of transferring faid fhares Ihall tachment.
be by deed, acknowledged before any Juftice of the Peace, and
recorded by the Clerk of the fiid Corporation, in a book kept
for that purpofe : And when any of laid fhares fliall be attached
on meffie procefsy an attefted copy of fuch procefs fhall, at the
time of the attachment, be left with the Clerk of the faid Cor-
poration, otherwlfe fuch attachment fhall be void ; and fuch
fhares may be fold on execution in the fame manner as is or may
by law be provided for the fale of perlbnal property by execu-
tion, the officer making fale, or the judgment creditor, leaving
a copy of the execution, and of the officer's return on the fmie,
with the Clerk of the faid Corporation, within ten days after
fuch fale, and paying for the recording of the fame.

Sect. 6. And he it further enacledy That a meeting of the pirft meeting
f^iid Corporation fliall be held at the houfe of Daniel Bhifj, inn- to he called, &
holder in Mlddhfdd aforefaid, on the fecond Monday of April, ^^^^^ 'h°^''"-
for the purpofe of chooling a Clerk, and fuch other officers as
may then and there be agreed upon by the faid Corporation,
for regulating the concerns thereof; and that the faid Corpora-
tion may then and there agree upon fuch method of calling
meetings in future as they may judge proper.

Sect. 7. Arid he it further enabled. That the faid Corpora-
tion fhall, within lix months after the faid road is completed, ^„ cftlmate of
lodge in the Secretary's office an account of the expenfes there- receipts andex-
of ; and that the faid Corporation fhall annually exhibit to the pen'" to be
Governor and Council a true account of the income or dividend ^^ ^ '^"^
arifing from the laid toll, with their necelTary annual difburfe-
ments on faid road ; and that the books of the faid Corporation
fhall at all times be lubjecl: to the infpedlion of a Committee
to be appointed by the General Court, or to the infpedtion of
the Governor and Council when called for.

Sect. 8. And he it further enacled. That whenever any Pro-
prietor fliall neglefl or refufe to pay any tax or alTelfirient duly
voted and agreed upon by the Corporation, to their Treafurer,
within fixty days after the time fet for the payment thereof, the shares of delin*
Treafurer of faid Corporation is hereby authorized to fell at quent Proprie-
public vendue, the Ihare or fhares of fuch delinquent Proprietor, ^"" '° ***

one or more, as fhall be fufficient to defray faid taxes and ne-
ceffary incidental charges, after duly notifying in the nev/fpaper

printed

I5» CHESTER TURNPIKE. March 5, An. 1 803.

printed at Northampton^ the fum due on any fuch fhares, and
the time and place of fale, at leaft twenty days previous to the
time of fale ; and fuch fale fhall be a fufiicient transfer of the
fhare or fhares fo fold to the perfon purchaling j and on pro-
ducing a certificate of fuch fale from the Treafurer to the Clerk
of faid Corporation, the name of fuch purchafer, with the num-
ber of fhares fo fold, fhall be by the Clerk entered on the
books of the faid Corporation -, and fuch perfon fhall be confid-
ered to all intents and purpofes the Proprietor thereof ; and
the overplus, if any there be, fhall be paid on demand by the
Treafurer, to the perfon whofe fhares were thus fold.

Sect. 9. And he it further enaBedy That the faid Corpora-

b!f e'rcdid *** ^^°" ^^^^» ^^ ^^^ P^^^^ \'^h.tve the faid toll fliall be coUeded,
ere<St and keep conflantly expofed to view, a fign or board,
with the rates of toll of all the tollable articles fairly and
legibly written thereon, in large or capital characters.

Sect. 10. And be it further enacledy That the General

The Court may Qq^^I may diflblve faid Corporation, whenever it fhall appear

•iffolvc the i-r-ro- 1 1- -c r 1 <--i^,.

Corporation, ^o their fatistachon that the mcome anlmg from the faid toll
fhall have fully compenlated the faid Corporation for all monies
they may have expended in purchafing, repairing and taking
care of the faid road, together with an intereft thereon at the
rate of tiuelve per centum, by the year ; and thereupon the
property of faid road fhall be vefted in this Commonwealth,
and be at their difpofal : Provided^ That if the faid Corporation
fhall negle£l to complete the faid turnpike road, for the fpace
of three years from the paffing this A61, the fame fliall become
void and of no effe£l:.

And whereas the Diredlors of The Third Maffachufetts Turn-
pike Corporation, have certified their confent to a diviiion of toll
at the gate in Partridgefield, (on the condition mentioned in
their certificate) with the Corporation hereby eflablifhed :
Sect, i i . Be it therefore enaEled, in purfuance of fuch confent^
Bivifion ofcer- ^\^^^ for the term of three years from and after the day on
the Third ^^hich the faid Chefier Majfachufetts Turnpike Corporation fliall be
Tarnpjie. authorized to fet up their gate, and until a new arrangement
fhall be made, the toll collected at the gate near the meeting-
houfe in faid Partridgefield fhall be divided in manner following,
viz. Two third parts thereof fhall be retained to the ufe of The
Third Maffachufetts Turnpike Corporation, and the other third
part thereof fliall by their Direflors be paid over to the Treaf-
urer of the faid Chefier Turnpike Corporation, for their ufe, after
a deduftion fhall have been made from the whole toll colledled
at faid gate, of the expenfe of the toll-gate, fence and toll-gath-
erers, and of the expenfe of keeping the faid turnpike road, and
bridges thereon, in good repair, from the forks of the road near
faid meeting-houfe in Partridgefeld, to the eailwardly line of

the

NEW-ENG. INS. COMPANY. March $, An.iBo^. 151

the town of Pittsjield ; and if, at the end of the faid three years, Cafe'of dJflat-
€ither of the {aid Corporations fliall be diiTatisfied with the isfcKfiion at this
foregoing niode of divifion of toll, and of expenfes, and cannot ^I'vifion after 3
agree on any other, then it fhall be lawful for the Juftices of ^^^^^
the Supreme Judicial Court, at any term thereof, on a petition
of the major part of the Dire<^ors of either of the faid Corpo-
rations, due notice of making fuch petition having been given
to any Diredtor of the other Corporation, thirty days at leaft
before the firft day of the term of holding fuch Court, to appoint
a Committee of three difmterefted and difcreet men, unlefs the
parties can agree to name and appoint them, who are hereby
authorieed to determine on a mode of fuch diviiion of toll and
expenfe j and the determination of the major part of fuch Com-
mittee, refpedling fuch divifion, fliall be made in ^\Titing and
delivered to each of the parties, and fhall be binding for the
term of five years, and until another appointment Ihall be made
in manner as is before provided ; and fo from time to time at
the end or within three months of the end of every five years,
when either party may requeft it, and the cofts and charges of
fuch appointment and determination fhall be paid in moieties
by the faid Corporations : Provided however^ That as the mode Provlf^
of divifion for the firft three years has been agreed on from
uncertain data, and as it is the intention of thofe concerned in
faid Corporations, to have fuch divifion made from time to time
as will enable the faid Chejler Mnjfachufetts Turnpike Corporation
to receive their proportion of toll at the faid gate in Partridge-
fields in proportion to the fum collefted of thofe travellers and
pafi^engers who lliall have pafl!ed over the turnpike road to be
made in virtue of this A61, it fhall be the duty of fuch Com-
mittee, in making their determination, to govern themfelves by
fuch proportion, as far as the fame can be afcertained.
[This Aa pafied March 5, 1803.]

An ACT to incorporate William Phillips^ jun. and ^^j^-gn^j^^^
others, into a Company by the Name of The New- March 6,1804!
England Marine Infurance Co?npany,

o 'DE it enaEled by the Senate and Houfe of Reprefenta-

tives, in General Court aJfembJed^ and by the author-
ity ofthefamey That the faid IFilUam Phillips^ jun. and others,
and all fuch perfons as have aU*eady or fhall become Stockholders
in faid Company, being citizens of the United States^ be, and
they hereby are incorporated into a Company and Body Politic,
by the name of The Ne-iV'England Mar me Infurance Company.,
for and during the term of twenty years after the pafling of this Time foe
A<n: i and by that name may fue or be fiied, plead or be im- ■«^ii>cJi.theCom-

pleaded, J,^„„ed.

152 NEW-ENG. INS. COMPANY. M^rr;^ 5, An. 1803,

pleaded, appear, profecute and defend to final judgment and
execution j and have a common feal, which they may alter at
pleafure ; and may purchafe, hold and convey any eftate, real
or perfonal, for the ufe of faid Company, fubje£t to the reftric-
tions hereinafter mentioned.

Sect. 2. And be it further enaBed^ That a Ihare in the
Value & num- capital flock of faid Company fhall be one hundred dollars^ and
ier offhares. the number of Ihares fliall be three thoufand ; and if the faid
number of fhares are not already filled, fubfcriptions fhall be
kept open, under the infpe£tion of the Prefident and Directors
of the faid Company, until the fame fhall be filled ; and the
■whole capital flock, eilate or property which the faid Company
fhall be authorized to hold, fhall never exceed three hund^red
thoufand dollars^ exclufive of premium notes or profits arifing
from their bulinefs, of which capital flock or property not more
than thirty thoufand dollars fliall be invefled in real eftate.

Sect. 3. And be it further enaSledy That the ftock, property,
i* hof " '° affairs and concerns of tlie faid Company fliall be managed and
conduced by twelve Dire<5lors, one of whom fhall be the Prefi-
dent thereof, who fliall hold their offices for one year, and until
others fhall be cholen, and no longer ; virhich Directors fhall,
at the time of their eleclion, be Stockholders, and citizens of
this Commonwealth ; and fhall be elected on the firft Monday
in January in each and every year, at fuch times of the day,
and at fucn place in the town of Bfton as a majority of the
Directors for the time being fliall appoint, of which election
public notice fhall be given in at leafl two of the newlpapers
printed in the town of Bofon, and continued for the fpace of
ten days immediately preceding fuch election ; and fuch eleclion
fliall be liolden under the infpe<Stion of three Stockholders, not
being Directors, to be appointed previous to every election by
Each {hare en- ^^6 Directors ; and fhall be made by ballot by a majority of
titled to a vote, votes of the Stockholders prefent, allowing one vote to each
with a fhare in the capital flock : Provided y no Stockholder fliall be

allowed more than thirty votes ; and the Stockholders not pref-
ent may vote by proxy, under fuch regulations as the Company
fliail prefcribe : And if, in cafe of any unavoidable acciaent, the
faid Directors fhall not be chofen on the firft Monday of Jan-
tiary as aforelaid, it fhall be lawful to clioofe them on another
day, in manner herein prefcribed.

Sect. 4. And be it further enacledy That the Dire£tors fo
A Prefident to cliofen fliall meet as foon as may be after every ele^ion, and
be chofen. fhall choofe out of their body one perfon to be Prefident, who
fhall prefide until his fuccelTor fliall be chofen, and fliall be
fworn faithfully to difcharge the duties of his office ; and in
cafe of the death, refignation or inability to ferve of the Prefi-
dent or any Director, fuch vacancy or vacancies fliall be filled,

for

NEW-ENG. INS. COMPANY. M^r^;.5, An.1803. 153

for the remainder of the year In which they fhall happen, by a
. ipecial eleaion for that purpofe, to be held in the fame manner
as is herein before diredted refpedlipg annual elections for Di-
redors and President.

Sect. 5. And be it further enabled, That the Prefident and
fix of the Directors or feven of them in his abfence, lliall Board for tran.
be a Board competent to the tranfafting of bufinefs; and*^*^'"*? ^"^■
all queftions before them (hall be decided bv a majority of"''^*' ''"^^^^'^
votes j and they lliall have power to make and prefcribe fuch ^°^^^"*
by-laws, rules and regulations as to them fliall appear needful
and proper, touching the management and difpofition of the
ftock, property, eftate and effeds of faid Company, and the
transfer of the fliares, and touching the duties and condud of the
leveral officers, clerks and fervants employed, and the election
of Direaors, and all fuch matters as appertain to the bufmefs
of infurance ; and Ihall alfo have power to appoint a Secretary,
and fo many clerks and fervants for the carrying on of faid bufi-
nafs, and with fuch falaries and allowances to them and to the
Prefident as to the ILid Board Ihall feem meet : Provided, That
fuch by-laws, rules and regulations fhall not be repugnant to
the laws of this Commonwealth.

Sect. 6. And be it further ena3ed, That there {hall be ftated o ^
meetmgs of the Direaors at leaft once in every month, and as fnjs'of S^lt
often withm each month as the Prefident and Board of Direc-tof«.
tors fhall deem proper ; and the Prefident, and a Committee of
three of the Du-eaors, to be by liim appointed in rotation, fhall
aliemble daily, if need be, for the difpatch of bufinefs • And
the faid Board of Direaors, and the Committee aforefaid, at
and durmg the plealure of the Board, flvall have power and
authority on behalf of the Company, to make infurances upon „„
veffels, freights, money, goods and effects, andjagainlt the captiv- m^T^ ^'
uy of perfons, and on the life of any perfon during his abfence ^
by fea, and m cafes of money lent upon bottomry and refpondaitia,
and to fix the premiums and terms of paym£nt : And all poli-
cies of infurance by them made fliall be fubfcribed by the Prefi-
dent, and m cafe of his death, ficknefs, inability or abfence, by
"""? i^^n ?^ ^^'"^ Dn-eaors, and counterfigned by the Secretary,
and fhall be binding and obligatory upon the faid Company, and
have the hke eltea and force as if made under the feal of faid
Company ; and the aflhred may thereupon maintain an aaion
of the cafe agamit the faid Company j and all lofi'es duly ariiing
under any policy lo fubicribed, may be adjufted and fettled by
the Prefident and Board of Direc%rs, and the fame fhall be
binding on the Company.

Sect. 7. And be it further enaBed, That It fhall be the duty
«f the Direaors, on the fecond Monday cf June and December in

Vol. III. -g '^""'"^

154 NEW-ENG. INS. COMPANY. March 5, An.iSo^,

Semi-annual every year, to make dividends of fo much of the intereft arifing

dividends to be fj-pj^ their capital ftock, and the profits of faid Company, as to

"'^'**- them fhall appear advifeable ; but the monies received, and the

notes taken for premiums on rilks, which ftiall be undetermined

and outftanding at the time of making fuch dividends, fhall not

be confidered as part of the profits of the Company : And m

Cafe of loffes cafe of any lofs or lofTes, whereby the capital ilock of the Com-

affeding the ^^^^ ^^ kflened, each Proprietor or Stockholder's eftate

capital itocii. ^^^^ ^^ ^^^^ accountable for the deficiency that fhall be due on

his fhare or (hares at the time of faid lofs or lofiTes takmg place,

to be paid unto the faid Company by afleflments, or fuch other

mode, and at fuch time or times as the Direftors (hall order ;

and no fubfequent dividend fhall be made, until a fum equal to

fuch diminution fliall have been added to the capital ; and that

once in every three years, and oftener if required by a majority

of the votes of theStockholders, the Direaors fhall lay before the

Stockholders, at a general meeting, an exaa and particular ftate-

ment of the profits, if any there be, after deducting lofles and

dividends. . , r • i /-,

Sect. 8. Jnd be'it further ena^edy That the faid Company fhall

The Company ^^^ direftly nor indireaiy deal or trade in buying or felling any

not to trade; ^^^^^ ^^^^^^ merchandize or commodities whatever; and the

?o be pla?ed?n capital ftock o&faid Company, after being colleaed at each in-

•ertain funds, ftalment, fhall within fix months be invefted either in the

funded debt of the United Stata, or of this Commonwealth, or

in the flock of the Umled States' Bank, or of any incorporated

Bank of this Commonwealth, at the difcretion of the Prefident

and Direaors of faid Company, or of other officers which the '

Stockholders fliall for Rich purpofe appoint.

Sect 9. And he it further enacied^ Ihzt fifty dollars on each

ftaWs"^^"" fhare in faid Company fliall be paid within twenty days after

the firfi: meeting of faid Company, and the remaining fum due

on each fhare within one year afterwards, at fuch equal inflal-

ments, and under fuch penalties as the faid Company fhall

direa •, and no transfer of any fhare in faid Company fhall be

permitted, or be valid, until all the inftalraents on fuch fhare

fhall have been paid. .

Sect. 10. And be it further enaBed, That no perfon being

Diredors of ^ Direaor of any other Company carrying on the bufinefs of

Ses 'noVeiS'. marine infurance, fhall be eligible as a Direaor of the Company

ble in this. by this Aa eflablifhed.

Sect. ii. Be it further enaBed^ That the property of

any member of faid Company, vefled in the flock of faid Com-

Sharcs, &c. pany, with the dividend or dividends due thereon, fhall be liable

may be attach- ^.q attachment and execution in favour of any bona fide creditor,

^'^' in manner following, viz. Whenever a proper officer, having a

writ of attachment or execution againft any fuch member, fhall

apply

NEW-ENG. INS. COMPANY. M^rJ^ 5, An. 1803. 155

apply with fuch writ or execution to the Secretary of faid Com-
pany, it fhall be the duty of faid Secretary to expofe the books
of the Corporation to fuch officer, and furnifli him with a cer-
tificate under his hand in his official capacity, afcertaining the
number of fliares the faid member holds in faid Company, and
the amount of the dividend or dividends due thereon : And
when any fuch fliare or fliares Ihall be attached on mefnc procefsy procefs of an
or taken in execution, an attefted copy of fuch wi'it of attach- execution, &c.
ment or execution ftiall be left with the faid Secretary j and ^^^" ^ ^""
fuch ffiare or fhares may be fold on execution, after the fame
notification of the time and place of fale, and in the fame mode
of fale as other perfonal property ; and it fliall be the duty of
the officer making fuch fale, within ten days thereafter, to leave
an attefted copy of the execution, with his return thereon, with
the Secretary of the Company, and the vendee fhall thereby
become the Proprietor of fuch fhare or fhares, and entitled to
tiie fame, and to all the dividends which fliall have accrued
thereon after the taking in execution as aforefaid, or when
there fliall have been a previous attachment, after fuch attach-
ment, notwithftanding any intervening transfer.

Sect, i 2. And he k further etiacJed, That in cafe of any lofs ^^f^ ^^f ^^^^
or lolTes taking place, that fhall be equal to the amount of the affefting the'
capital ftock of faid Company, and the Prefident and Directors, capital ftock.
after knowing of fuch lofs or lolTes taking place, fhall fubfcribe
to any policy of infurance, their eftates jointly and feverally
fhall be accountable for the amount of any and every lofs which
Ihall take place under policies thus fubfcribed.

Sect. 13. And be it further enacted^ That the Prefident and
Directors of faid Company fliall, previous to their lubfcribing ft"ck"&c to be
to any policy, and once in every year after, publifli in two of annually pub-
the newfpapers printed in tlie town of Bofctiy the amount of lilhed.
their ftock, againft what rifks they mean to infure, and the
largeft fum they mean to take on any one rifk.

Sect. 14. And be it further enaEledy That the Prefident and Statement of
Directors of faid Company fhall, when, and as often as required f^'f' r*^** ^
by the Legiflature of this Commonwealth, lay before them a Leeiflature.
jj^atement of the aftairs of faid Company, and fubmit to an ex-
amination under oath concerning the fime.

Sect. 15. And be it further etioHedy l^hzt William PhilHpSf-p^^^^^^ ^^^
jun. Aaron Dexter y and Daniel Dennfon Rogers^ Eiquires, or any thorized to call
two of them, are hereby authorized to call a meeting of the ^^ firft meet-
members of faid Company as foon as may be, in Bofion^ by ad- ^^'
vertizing the fame for three weeks fucceffively in two of the
newfpapers printed in laid town, for the purpofe of electing their
firft Board of Directors, who fhall continue in office until the
firft Monday in January^ one thoufand eight hundred and four,
and until others are chofen in their ftead.

[This Act paffed March 5, i&03.J

ISS CHARLEST. FIRST PARISH. March 5, An.1803.

An ACT to incorporate a Religious Society, by the
Name of Tbe Flrjl Parip in the Tozvn of Charlef-

tOIJUil.

Sect i 7?^ '^ enacled by the Senate and Hotife of Reprefenta-
■^ tivcSy in General Court a/Jerabledy and by the author^
ity ofthsfame^ That the Propxietors of the appropriated pews
What inhabit- in the r.^eeting-honfe in Charlejlozvn^ fituate on the wefterly
ants are jnclud- fide of the tn:^":^-ftreet in faid town, ?:nd all thofe who fhall
poiadon! ^°'^" ^^*^?"^^ Proprietors of pews in faid houfe, and fuch of the in-
habitants of the faid town as. do now ufually attend the pub-
lic worfhip of God, and the inftructions of Dr. Jedidiah Morfe^
th(?ir Minifter in faid houfe be, and they hereby are made
and declared to be a Body Corporate and Politic, by the name
of The Firji Parip in the Tcwn of Charlejio^iuny fubjedt to all
the duties, and with all the powers, privileges and Immunities
to which pariihes are by law entitled : And the faid Corpora-
tion fhall be deemed and taken to be fucceflor to the parish
which, before the paffing of this AcV, was called the firft par-
ilh in faid town, in all its rights, and fubjecl to all the con-
trails and engagements into which it has entered.

Sect. 2. Be it further enaBed, That any inhabitant of
How to be- ^^i^ town, who will not, in virtue of the firli feclion of this
come a mem- A£l, become a member of the Corporation created bv this
berofthwCor- Adt, and who wilhes and confents to become a member of faid
poration. Corporation, and flaall give in a certificate thereof to the Clerk

of faid Corporation, and fhall unite in public worfhip with the
membersof faidCorporation,for the term of one year from the
time of his or her giving in his or her certificate as aforefaid,
fhall, at the expiration of faid term, become and be confider-
ed a member of faid Corporation.
How to leave Sect. 3. Be it further enacted, That when any member of
this Corpora- faid Corporation fhall be difpofed to leave the fame and unite
^'^^ in public worfhip with any other religious Society, and fhall

give in a certificate thereof to the Clerk of faid Corporation,
together with a certificate figned by the Minifier of the par-
ilfi or religious Society with which he or fhe may unite, that
he or fhe has become a member of, and united in religious
■worfhip with fuch other parifli or religious Society, and fhall
pay his or her proportion of all monies granted by faid Cor-
poration previoufly thereto, fuch perfon from and after the
giving in of fuch certificates, fhall not be confidered a mem-
ber of faid Corporation.

Sect. 4. Be it further enaFfed, That in cafe any perfon f]i«ll
claim to be a member of faid Corporation in virtue of his
having been an ufual attendant on the pubHc worfhip of God

CHARLEST. FIRST PARISH, M^r^/^ 5, An. 1803. 157

in the meeting-houfe aforefaid, at the time of the palling of
this A(St, or in virtue of his having given in a certificate of
his defire to become a member of faiU Corporation as afore-
faid, and united with the members of faid Corporation iii
public worfhip in the houfe aforefaid, for the term of one
year after the giving in of fuch certificate ; and the fa^t, that
iuch perfon was an ufual attendant on public worfhip in faid
houfe at the time of the pafling of this Aft, or that he or flie J:^^^ jf t^«
has united with the members of faid Corporation in public l^ ^^ W^^
worfhip for the term of one year from the time of his or her member being
giving in his or her certificate as aforefaid, fhall be difputed difputed.
by any ten members of faid Corporation, the holders of the
appropriated pews in faid houfe, who may be prelent at any
legal meeting of faid Corporation, are hereby authorized and
empowered to hear and determine whether or not fuch perfon
is a member of faid Corporation according to the true intent
and meaning of this Aci : And in determining fuch qnefl:ion
two votes and no more may be given in right of each pew.

Sect. 5. Be it further enactecli That whenever faid Cor-
poration fhall vote and grant any fum of money for the de-^"^"'"^°* '^
fraying of necelTary parochial charges, no unintentional error
In alTefling the fame, by the enumeration of perfons not mem-
bers of faid Corporation, or the omifiion of thofe who are,
fliall vitiate or annul fuch afTefTment with refpe£t to thofe
who fhall be otherwife duly alTefled.

Sect. 6. Be it further enaBedy That the faid Corporation
fhall forever hereafter be holden to referve as much of faid ^^''*. ^'^ ^^
jneeting-houfe as now is unappropriated, for the accommoda- "o^be "efervcd.
tlon of the inhabitants of laid town who may from time to
time wilh to unite with the members of faid Corporation in
public worfliip in faid houfe.

Sect. 7. Be it further cnaEled^ That the firft meeting of
the faid Corporation may be convened by virtue of the war-
rant of any Juftlce of the Peace In faid county, directed to |^o^« °f ^^J;
any principal member of faid Corporation, and appointing a niectiHg.
fultable time when faid meeting fhall be holden at faid meet-
ing-houfe : And the fame meeting fliall be notified by pofting
an attefted copy of the faid warrant at one of the doors of
faid houfe, feven days at leaft prevloufly to the time appoint=-
ed in faid warrant for the holding of faid meeting.
[This Aa paflTed March 5, 1803.]

1 58 GORH AM ACADEMY. March 5, An. 1 803.

An ACT to eftablifti an Academy in the Town of
Gorham, by the Name of Gorham Academy, and to
create a Corporation of Truftees for the fame.

T ambl "^HT^^^-^'^'^ *^^ encouragement of literature in the rif-

\l\ ing generation has ever been confidered by the wife
and good, as the bafis upon which the fafety and happinefs of
a free people ultimately depend ; and whereas Stephen Long-
felloWi Efq. and others have petitioned this Court for the
eftablifhment of an Academy, in Gorham^ in the county of
Cumberlafidy for that purpofe.

Sect. i. Be it enabled by the Senate and Hotife of Reprefenta-
tiveSf in General Court ajembledy and by the authority of the famey
That there be, and hereby is eftablifhed in the town of Gor-
tablilhed and ^^'^j i^ the county of Cumberlandy an Academy by the name
its purpofes. of Gorham Academy, for the purpofe of promoting piety and
virtue, and for the education of youth in fuch languages, and
in fuch of the liberal arts and fciences, as the Truftees herein-
after provided fhail order and diredl.

. Sect. 2. And be it further enacted by the authority aforefaidy
That the Rev. Thomas Lancajiery the Hon. William Gorham,
'''okuT ^^' ^^"l- ^°"' ^^'P^'^'^ Longfellowy Rev. Elijah Kellogy Rev. Daniel
Merrity Rev. Caleb Bradleyy Capt. David Hardingy jun. John
P. Liitky Efq. Mr. Matthe%v Cobby Hon. Woodbury Storery Dod.
Dudle-^ Folfomy Mr. William M^LellaUy Mr. James Phinneyy
Mr. Samuel Eldery and Capt. Samuel Whitmorey be, and they
are hereby nominated and appointed Truftees of the faid
Academy, and they are hereby incorporated into a Body Po-
litic, by the name of The Trujlees of Gorham Academyy in the
county of Cumberlandy and they and their fucceftbrs fhall be
and continue a Body Politic and Corporate by the fame name
forever.

Sect. 3. And be it further enabled by the authority aforefaidy
That the faid Truftees and their fucceflbrs (hall have one
fcal'"&c. ^"^ ^ common feal, which they may break, change and renew from
time to time, as they Ihall fee fit, and they may fue and be
fued, in all actions, real, perfonal and mixed, and profecute and
defend the fame to final judgment and execution, by the name
of The Trujlees of Gorham Academyy in the county of Cumber-'
land, and may appoint an agent or agents, to profecute or de-
fend fuch fuits.

Sect. 4. And be it further ennBed by the authority aforefaidf

, That the faid Thomas Lancafler and others, the Truftees afore-

Z ^^I7x^tlt faid, and their fucceffors be, and they are hereby made the

ficers of the Vifitors, Truftees and Governors of the faid Academy, in

Acidemy. perpetual fucceilion forever, to be continued in the way and

manner

SALISBURY SALT MARSH. M^rJj 5, An. 1803. ^59

manner hereafter fpeclfied, with full power and authority to
eled fuch officers of the faid Academy, as they (hall judge
neceffary and convenient, and to make and ordain fuch laws,
orders and rules, not repugnant to the laws of this Common-
wealth, for the good government of faid Academy, as to them
fliall feem fit and requifite.

Sect. 5. And be it further enaSied by the authority aforefaidj
That the number of the Truftees aforefaid fhall not at any
one time be more than fifteen, nor lefs than nine, five of ^"'^^<^'" ^^
whom at leaft fhall be necelTary to conflitute a quorum for
tranfading bufinefs.

Sect. 6. And be it further enatled by the authority aforefaidj r e a

That as often as one or more of the Truftees aforefaid, fhall J]^ '^It xtixJZ
die or refign, or in the judgment of the major part of the ing.
Truftees, fhall be rendered incapable, by age or otherwife, of
difcharging the duties of his office, the Truftees then furviv-
ing, fhall eleft one or more perfons to fill up the vacancy or
vacancies.

Sect. 7. And be it further etiacled by the authority aforefaid^
That the Truftees aforefaid, and their luccefTors be, and they ^
hereby are rendered capable in law to take and hold by gift, tThouf rearef-
grant, devife, bequeft or otherwife, any lands, tenements, or tate, with a
other eftate, real or perfonal, which have heretofore been
given or fubfcribed, or Avhich may hereafter be given or fub-
fcribed for the purpofe aforefaid : Provided^ That the annual Provifo.
income of the faid real eftate fliall not exceed the fum of tico
thoufand dollars^ and the annual income of the laid perfonal
eftate fhall not exceed the fum of five thotfnnd dollars : And
all deeds and inftruments, which the faid Truftees may law-
fully make, fhall be fealed with their feal, and fliall bind the
Truftees and their fuccelTors, and be valid in law.

Sect. 8. And be it further enacted. That William Gorhanty pj^^ tnectu»
Efq. be, and hereby is authorized and empowered to appoint
the time and place for holding the firft meeting of faid Truf-
tees, and notify them thereof.

[This Aa paiTed March 5, 1803.]

An ACT to incorpofate certain Proprietors of Salt
Marfli, lying in Salifhury, in the County of Effex, to
make and maintain a Dyke and Drains, for the
better improving the lame.

JD-E it enaBed by the Senate and Houfe of Reprefenta-

ti-ves, in General Court afembledy and by the author"
ity of the fame, That from and after the paffing of this A6t, ail
the Proprietors of a tra<5t of falc marfh fituate in Salijbury afore-
faid,

i6o SALISBURY SALT MARSH. Mjr^y^ 5, An.iSoj.

faid, and contained within the following bounds, viz. Begin-
Boundan'cs. ^^"^ ^^ ^^^ Great Neck, fo called, adjoining on land of Nicholas
French ; thence running on a line northerly acrofs faid marfli
to land of Samuel Eaten, comprifing all the marfh lying wefter-
ly of faid line, be, and they are hereby incorporated into a
Body Politic by the name of The Proprietors of the Great Mead-
civs in Salijbiiry / and by that name may fue and be fued, and
do and fufFer all matters, adts or things which Bodies Politic
may or ought to do and fufter.
Manner of Sect. 2. And be it further enacted. That the manner of
calling a Pro- calling the meetings of the faid Proprietors fliall be by an ap-
prietori' meet- plication in writing from five or more of faid Proprietors to
"«* any Juftlce of the Peace in the county of Ejfex, who is hereby

empowered and directed to ilTue his warrant to one of the faid
Proprietors, to meet at fuch time and place as he (liall think
moft convenient, and for the purpofes to be expreffed in faid
warrant, by pofting up copies of faid warrant, with the notifi-
cation thereon, at the houfes of public worfhip in faid Salijhu-
ry, and at the houfe of public worfliip in the eaft parifh in
Amejhury, ten days at leaft before the time for holding the faid
meetings : And the faid Proprietors, when legally afTembled
Glerk, Colkft- 'IS aforcfaid, fhall have power to choofe a Clerk, Committees,
ers, &c. to be AflefTors, Colleflor or CoUeftors of taxes, and Treafurer, who
appointed. £j^^,j[ bg fworn to the faithful^difcharge of the trufl repofed in
them, and continue to ferve until others are chofpn and fworn
in their places, v/hlch may be annually, or as often as occafion
may require ; which olHcers, fo chofen and fworn as aforefaid,
fhall have the fame power to perform, execute and carry any
vote or orders of faid Corporation into as full effedt as town
officers of like defcription have by law to do and perform :
em'^were°d to ^"^^ ^^ ^^^^ Corporation ihall have power to ere£V and make
make a dik« &. ^ dike of fufficieut height and width from land of Nicholas
drains. French to land of Samuel Eaton aforefaid ', alio to make drains

fufficient to draw otF the flagnant waters from the marfh lying
wefterly of the line mentioned in the firfl fedlion of this A6f,
and at any meeting legally called for the purpoie to vote and
raife m.onics to defray the necelTary expenfe of fuch dike, and
making faid drain, and keeping the fame in repair, and to pay
all other expenfes which Ihall be found neceflary for the bet-
ter management thereof; and for carrying the votes and or-
ders of faid Corporation into etteft : And all monies raifed as
aforefaid fliall be aiTeired upon each Proprietor in the marfh
aforefaid, in proportion to the number of acres, or the value
thereof, he or Ihe owns, except the niarOi laid out as parfon-
uge, for the ufe of the minifli-y of the eail and weft pariihes
in faid Sali/bury ; and if any Proprietor fhall refufe or negledt
to pay the fum oi- fums afTelfed upon him or her as aforefaid,

after

ESSEX FIRE ANDMAR.INS.CO.Mjr.7,An.i8o3. i6i

after fixty days notice, fo much of his or her marfli fhall be Cafe of a Pro-
folJ as will be lufficient to pay the fame, with cofts ; notice P^ctor's ne-
of fuch lale to be publilhed in fome newfpaper printed in fu^n '"^^ "'"p^*
Nciuhioyport, and by poiVing up advertilements thereof at the an affeffmcn:.
houfes of public worlhip aforefaid, three weeks prior to faid
fale, with the names of the Proprietors, the amount of the
taxes aflefied on their marlh refpeccively, and alfo the time
and place of fale : And if no perfon Ihall appear thereupon to
difcharge the faid taxes and all neceffiiry intervening charges,
then the Collector fiiall proceed to fell at public auction, to
the higheft bidder, fo much only of faid inarlh as fliall be fuf-
ficient to difcharge faid taxes and the neceflary intervening
charges j and fliall give and execute a deed or deeds to the
purchafer or purchafers, his or their heirs or alllgns, expreffing
therein the cvuife of fuch fale, laving to the aforefaid Proprie-
tor or Proprietors the right of redemption of any marlh fo
fold within two years from the time of fuch fale, and the fame
fhall be reconveyed to him or them, the faid Proprietor or
Proprietors, on paying within two years as aforefaid, the fum
fuch marih fold for, with intereft, at the rate of ten per cent,
per annum on fuch furn, together with all other intervening
charges.

Sect. 3. And he it further etmcledy That the Proprietors
aforefaid be, and they hereby are authorized and empowered ■^^^^I'tain ditch
to keep open and in good repair, a ditch which now runs eaft- 'obekcptopeih
erly from the line drawn from land of Nicholas French to land
of Samuel Eaton aforefdid, to a creek of fufficient width and
depth to drain off the ftagnant waters as aforefaid : Provided
neverthelefs^ That the owners of the marlh through which the
faid ditch Ihall pafs, ihall be entitled to damages for any inju-
ry they may fuitain by means of keeping the fame open.
[This Ad paffed March 5, 1803.]

An ACT to incorporate William Gray, jun. Efq. and
others, into a Company, by the Name of Tbe E/fes:
fire. and Marine Injurance Company.

^ T)E it enacted by the Senate and Honfe of Reprefenta-

' ' -^ tivesy in General Court afembltdy and by the author-
ity of the fameyTlxzx. the faid WilUum Gray^yxn. and others, and
all fuch perlons as have already or licreafrer ihall become
Stockholders in the faid Company, being citizens of the United
States, be, and they zre hereby incorporated into a Company

or Bodv Politic by the name of The Eff-x Fire and Marine In- J^^. , ^

- V> r 1 J • » r r. which the com-

furajice Company, for and during the term ot twenty years arter p^^y j^ \^c^q-.

tbe porated.

Vol. IIL VC

j63 ESSEX fire AND MAR. INS. CO. Mar.j,Kn,i%o^^,

the pailing*^f this Acl ; and by that name may fue or be fued,
plead or be impleaded, appear, profecute and defend to final
judgment and execution, and have a common feal, which they
may aker at pleafure ; and may purchafe, hold and convey
any eflate, real or perfonal, for the ufe of the faid Company,
fubje£l to the reftridlions hereinafter mentioned.

Sect. 2. And be it further enaclecU That the capital ftock
Amount of of faid Company, exclufive of premium notes or profits arif-
capitaj ilock. ing from faid bufinefs, fhall be three himdred thoufand dollars^
and fliall be divided into three thoufand fliares, of which cap-
ital ftock not more than thirty thoufand dollars Ihall be invefted
in real eftate.

Sect. 3. And be it further enaEledy That the flrock, prop-
Niimber ofDi- crty, affaii's and concerns of the faid Company, Ihall be man-
redors, and aged and conduced by nine DIreiflors, one of whom fhall be
manner of their pj.g^-^gj^j. thereof, who fliall hold their offices for one year,
^ ' and until others Ihall be chofen and no longer ; which Di-

rectors fhall, at the time of their eleiSlion, be Stockholders
and citizens. of this Commonwealth; and fliall be elected on the
lirft Monday in Jul-y in each and every year, at fuch times of
the day, and at fuch place in the town oi Salem, as a majority
of the Dlreftors for the time being fhall appoint ; of which
election public notice Ihill be given in one of the newfpapers
printed in the town of Sa'em, and continued for the fp;ice of
ten days immediately preceding fuch elc<Stion : And fuch elec-
tion Ihall be holden under the infpection of three Stockhold-
ers, not being DirciTtors, to be appointed previous to every
election, by the Directors, and fliall be made by ballot, by a
xnajority of votes of the Stockholders prefcnt, allowing one
vote to each fhare in the capital ftock : Provided, That no
Stockholder iliall be allowed more than ten votes ; and the
Stockholders not prefent may vote by proxy, under fuch reg-
ulations as the faid Company Ihall prefcribe : And if, through
any unavoidable accident, the laid Dire<Stors iliould not be
chofen on the firft Monday in July as aforefaid, it fliall be
lawful to choofe them on another day, in manner herein pre-
fcribed.

Sect. 4. And be if further ena&ed, That the Directors fo
Direftors to chofen Ihall meet as foon as may be after every election, and
choofe a Prefi- ihall choofe Out of their body one perfon to be Prefident, who
deot £j^j^j^ prefide for one year, and be fworn faithfully to difcharge

the duties of his office •, and in cafe of the death, refignaiion or
inability to ferve, of the Prefident or any Diieftor, fuch va-
cancy or vacancies fliall be filled, for the remainder of the year
in which they may happen, by a fpecial election for that pur-
pofe, to be holden in the fame manner as herein before di-
rected, refpeding annual elections for Directors and Prefi-
dent.

Sect.

ESSEX FIRE AND MAR. INS. CO. M^r.;, Anu 803. 163

Sect. 5. ^Jid he It further emiBed, That the Prefident and
four of the Dh-ectors, (or five of the Direaors in the abfence Board for tranf-
of the Prefident,) (hall be a Board competent for the tranlac- aaiug bufinefs.
tion of bufiners ; and all queftions before them Ihall be decid-
ed by a majority of votes, and they Ihall have power to make
and prefcribe fiich by-laws, rules and regulations, as to them By-laws, &c.to
fliall appear needful and proper for the orderly conducting be made.
the aftaus of the faid Corporation, and for calling meetings of
the Stockholders \ and touching the management,^ difpofition
or exchan^re of the ftock, property, eftate and efiefts of the
laid Company, and the transfer of the fliares ; and touching the
duties and condudl: of the fevcral officers, clerks and fervants
employed, and the eleaion of Direaors^ and all fuch matters
as appertain to the bulinefs of infurnnce i and lliall alfo have
power to appoint a Secretary, and fo many clerks and fer-
vants for carrying on £ud bulinefs, and with fuch fabrics and
allowances to them and to the Trefident, as to the faid Board
fliall feem meet : Provided, That fuch by-laws, rules and regu-
lations Ihall not be repugnant to the Conftiiution or laws of
this Commonwealth.

Sect. 6. And be it further emHcdy That there ihall ^^ _^^,,,. fp,,
ftated meetings of the Direaors at leaft once in every month, '^^^^^,
and as often within each month as the Prefident and Board
of Directors Ihall deem proper-, and the Prefident and a
Committee of two of the Direaors to be by him appointed In
rotation, ihall afiemble daily if need be, for the dilpatch of
bufiuefs : And the lliid Board of Direaors, or the Committee
aforefaid, at and during the pleafure of iaid Board, fhail have
power and authority in behalf of the Company, to make in-
furance on dwelling-houfes, and all other buildiiigs whatfoev- wiiatprape.ty
er, and on all goods, wares and merchandize on land, againfl°'-^y''"^'°'"" '
damage ariling and happening to the fam.e by fire ; and alfo.
upon veflels, freights, goods and etteas, and money, and againit
captivity of perfons, ^id on the life of any perion during his
ablence by fea, and in cafes of money lent upon bottorarj and.
refpondeniiay and to fix the premiums and terms of p.iyment ;
and all policies of infurance by them made, fliall be lubfcrib-
ed by the Prefident, or in cafe of liis death, ficknefs, Inability
or abfence, by any two of the Direaors, and counterfigned
by the Secretary, and fludl be binding and obligatory upon
the faid Company, and have the like effea and force, as if
under the leal of the faid Company ; and all loiTes, duly
arifing under any fuch policies fo fubfcribed, may be adjufied
and fettled by the Prefident and Board of Directors, and the
fame ihall be binding on the Company.

Sect. 7. And be it further euaBed, Tliat it fhall be the duty
of che Direaors, on the firil Monday of June and Dfcemkr ■

i64 ESSEX FIRE AND MAR. INS. CO. Mar.y, An.i^oi,

Semi-annual in every year, to make dividends of fo much of the intereft
^^J^^;"'^*^°^'ariring from their capital ftock, and the profits of the faid
Company, as to them Ihall appear advifeabie ; but the monies
received, and notes taken for premiums on rifles v/hich lliall
be undetermined and outftanding at the time of making fuch
dividends, fhall not be confidered as part of the profits of the
fcdin^^'ca'ui ^^'^P^^y > ^^'^ ^^ cafe of any lofs or lofles whereby the cap-
flock. ^^^^ ftock of the Company flxall be leffened, each Proprietor
or Stockholder's eftate Ihall be held accountable for the in-
ftalments that may be due and unpaid on his fhare or fhares
at the time of fuch lofs or lolTes taking place, to be paid in to
the faid Company by afTeflments, or fuch other mode, and at
fuch time or times, as the Directors fhall order j and no fub-
fequent dividend fliall be made, until a fum equal to fuch dim-
inution fliall have been added to the capital ; and that once in
every three years, and oftener if required by a majority of the
votes of the Stockholders, the Directors fhall lay before the
Stockholders, at a general meeting, an exa<Sl and particular
llatement of the profits, if any there be, after deducting lofies
and dividends.

Sect. 8. And be it furiher enacfecU That the faid Company
to trade '(S:c. Ai^H not directly nor indirectly deal or trade in buying or
felling any goods, wares, merchandize or commodities what-
foever ; and the capital ftock of faid Company, after being col-
lected at each inftaiment, fhall be invefted either in the fund-
ed debt of the United States, or of this Commonwealth, or in
the ftock of the United States^ bank, or of fome incorporated
^ bank in this Commonwealth, at the difcretion of the Prelldeut
and Directors of the faid Company.

Sect. 9. And be it further enacIedyThzt j'ifty dollars on each
ftamTnT "* ^^''^^ ^" ^^'^ Company flrall be paid within twenty days after
the firft meeting of faid Company, and the remaining fum
within one year after faid firft meeting, at fuch equal inftal-
ments, and under fuch penalties as the faid Company fhall di-
rect ; and no transfer of any iiiare in faid Company fliall be
permitted or be valid until all the inlt:alments on fuch fhare
fhall have been paid.

Sect. id. J^c it further enafJed, Th^t no perfon being a
I)ire<aors cf Director uf any other Connxmy carrying on the bufinefs of
iiies not'^eh^l- "^^rlne iufurance, fhaii be eligible a;, a Dlreiltor of the Com-
ble in this. pany by this Aft eftabhfhed.

Sect, i i . Be it further enacted, That the property of any
Shares liable to member of faid Company vefted in the ftock of faid Compa-
attachment, & ^y^ with the dividend or dividends due thereon, fhall be lia-
fcribed. ^^^' ^^^ *° attachment and execution in favour of any bona fide zx<?A-~
itor, in manner following, viz. Whenever a proper ofiicer hav-
ing a WTit of attachment or execution againft any fLch mem-
ber,

ESSEX FIRE AND MAR. INS. CO. M^r.;, An. 1803. ^^5

ber, fliall apply with fuch writ or execution to the Secre-
tary of faid Companyj it fliall be the duty of faid Secretary to
expofe the books of the Corporation to fuch officer, and fur-
ni(h him with a certificate under his hand, in his official cav
pacity, afcertaining the number of fhares the faid member
holds in faid Company, and the amojint of the dividend or
dividends due thereon ; and when any fuch fhare or fhares
fhall be attached on inefiie procejs., or taken in execution, an at-
tefted copy of fuch writ of attachment or execution fhall be
left with the faid Secretary \ and fuch Ihare or fliares may
be fold on execution, after the fame notification of the time
and place of fale, and in the fame mode of fale, as other per-
fonal property j and it fhall be the duty of the officer making
fuch faJe, within ten days thereafter, to leave an attefted copy
of the execution, with his return thereon, with the Secretary
of the Company, and the vendee fhall thereby become the
Proprietor of fuch Ihare or fhares, and entitled to the fame,
and to all the dividends which fliall have accrued thereon
after the taking in execution as aforefaid, or when there fliall
have been a previous attachment, r.fter fuch attachment,
notwithflanding any intervening transfer.

Sect, i 2. And be it further tnattedy That in cafe of any
lofs or lofies taking place that fliall be equal to the amount of S^^.'^^ ^°^^'
the capital flock of the faid Company, and the Prelident and .^j^^ '* *^*^'*
Directors after knowing of fuch lofs or lofTes taking place fliail
fubfcribe to any policy of infurance, their eflates jointly and
feverally fhall be accoimtable for the amount of any and ev-
ery lofs that flrall take place under policies thus fubfcribed.

Sect. 13. And be it further f'/w^t't/, That the Preiident
and Dire^ors of faid Company fhall, previous to their fub- Amount of
fcribing to any policy, and once every year after, publifli in ^°f!*i^ j° ^^
one of the newfpapers printed in the town of Salem, the amount
of their flock, againfl what rifles they mean to infure, and the
largeft fum they mean to take on any one rilk.

Sect. 14. And be it further c?ia5iid,Th?x the Prcfldent and Statement of
Directors of faid Company Ihr.ll, when and as often as requir- =*^^'" '» ^^
ed by the Legiflature of this Commonwealth, lay before them iacure.° ^^'"
a ftatement of the affairs of faid Coi^pany, and fubmit to an
examination concerning the fame under oath.

Sect. 15. A:id be it further ena^jd ^Th^t WiUia?)! G^'''^}', p^rfons to call
jun. John Norrij, and TVilliam Oniey or any two of them, are firiiinectii!"-of
hereby authorized to call a meeting of the members of the niembcrs.
faid Company as foon as may be, in Saletn^ by advertiiing the
fame for two weeks in the Saleui GazettM\_{ar the purpofe of
their eledling a firft Board of Direflors, who fliall continue in
office until the firll: Monday in July, in the year of our Lord
one thoufand eight hundred and four.

[This Aa paffed Alareh 7, 1803.]

:66 SCARBOROUGH MARSH. Mrw/^ 7, An.1803.

An ACT to eftablifli a Corpor<ition for the Purpofe
of diking a certain I'ract of Marfti in the Town
oi Scarborough.

Sl'CT I T^^ ^^ enacted by the Senate and Hoiife cf Reprejenta-
' -*-^ tivej, in General Court pjj'emhled^ and by the author"
ity of the faiite. That Robert Snithgate, Richard Kifigy Simeon
yerfons incor- ^'^^^i Eunice FiitSy JoJJma Milliken^ Benjamin Millikcny John
■porated. Algtr Mil like ti^ Jonathan Mil liken, John Mulbery Millikeny

James Fofsy Daniel Merrill, and Cornelius Durante being the'
principal part of the owners of the aforefaid trac^t of marlh,.
together with their airociates, and fuch others as may liereaf-
ter aflbciate with them and their fuccefTors, fliall be a Corpo-
ration by the name of The Flrjl Scarborough Dike Corporation^
with all the powers and privileges incident to fimilar Corpo-
. K ^''^*-^°"^> ^^'^ t^-^ purpofe of making and keeping in repair a
dike-wall is (^ ^^^e-wall on faid marflu, to commence at or near Hormones
lee. Landings fo called ; and from thence to run up the main riv-

er to the Long Reach ; and from thence croffing over the
marfh to the parting of the river ; and from thence by a dam
and gates, to pafs over the northern branch of the fame riv-
er ; and from thence to continue the faid dike-wall, up the
weiiern branch of the river, on its northern bank, to the weii
boundary line of Robert Southgate's marlli ; and from thence
to the upland now improved by Jofcph MilUken.
. Sect. 2. And be it farther f/m^r?^^, That the faid R.obert South-
gate and others, Proprietors of the marfla aforefaid, their heirs
and afligns be, and they are hereby authorized and empow-
Txpenfe to he ered to raife by an afleflment, or tax, to be made and levied
^.^'[o?s°" ^"^^ on all the Proprietors of the iaid marfli, lying within the dike
to be made as aforefaid, according to the proportion of inter-
eft they feverally hold therein, fach fum or f'ums of money,
for defraying the charges of making, repairing and maintain-
ing the faid dike-wall, dam and gates as aforefaid, as lliall be
agreed upon by the faid Proprietors, their heirs and affigns,
or the major part of fuch of them as fhall be aflemblcd at any
legal meeting to be called for that purpofe : And if any of
the Proprietors of the faid marlh fliall negledt or refufe to
pay the fum or fums of money duly alTefled on him therefor,
for the fpace of three months after fuch money fiiall have
been voted, and for the fpace of one month after his afleiT^
ment Ihall have been fliewn him, or a copy thereof left at his
ufual place of abode, then the fiid Proprietors are hereby
The property fully authorized and empowered f^om time to time, to fell
ot dslinqucnts and convey at public vendue to the highefl bidder, fo much
rohgfoicL of fiich deiinauent Proprietor's part of faid marlh, as will be

fufEcient

SCARBOROUGH MARSH. M^rJj 7, An. 1803. ^^^7

fufficlent to fatisfy and pay the fura or fums afleiTed as afore-
faid, and all reafonable charges attending fuch Tale ; notice of
fuch fale and of the time and place thereof being given, by
pofting an advertifement thereof, in fome public place in the
town aforelaid, and by advei-tiling the fame in one of the
newfpapers printed in Portland, fix weeks at leaft before the
time of fuch fale ; and the faid Proprietors may, by their
Clerk, or a Committee chofen for that purpofe, execute a
good deed or deeds of conveyance of the part of the faid
marfn fo fold, unto the purcliafcr thereof, to hold in fee fim-
ple : Provided nevcrthelefsy That the Proprietor or Proprietors, Pfo*»f«>'
whofe fhare or part of faid marth (hall be fold as aforefald,
fhall have liberty to redeem the fame, at any time within one
year after fuch fale, by paying the fum fuch fliare or part of
faid marfh fold for and charges, together with a further fum
of fix dollars for every hundred dollars produced by fuch fale,
and fo In the fame proportion for a greater or lefs fum.

Sect. 3. And be it further etia^led^ That the firft meeting ^vvhcf e the firft
of the faid Corporation fhall be held at the houfe of John proprietors'
Mulbery Milliken^ innholder in faid Scarborough, on the fecond mcetinjristobe
Monday of -^pnV next, at two o'clock In the afternoon, for the ^'^^'^» ^'^'
purpofe of chooiing a Clerk, and fuch other officers as may
then and there be agreed upon by the faid Corporation, who
fliall be fworn to the faithful difcharge of the duties af their
refpective offices : And the faid Corporation may then and
there eflablifh fuch rules and regulations as fhall be judged
necefTary for the better management of its affairs ; for which
purpofe they fhall be, and hereby are invefiied with all the
powers appertaining to Proprietors of general or common
fields : And the faid Corporation may then and there agree
upon a method for calling future meetings : Provided -luverihe- Reftriftion la
/^-, That whereas Jotwthun Moulto/i , ]un. James Harmony jun. favour of Meff.
and Benjamin and Richard Carter^ owners of eighteen acres of Moukon.Har-
the aforefaid tra<Sl of marfli, have refufed to join In the peti- ^^^
tiou for an a6l of incorporation for the purpofe of diking the
faid traft, the faid Corporation fhall be, and hereby are fb far
reilridled, in the power and authority by this Act given them,
as not to be at liberty to raife by an aiTeirment or otlierwife, to
be levied on any of the Proprietors of the aforefald eighteen
acres of marlh, any fum or fums of money, to defray part of
the expenditures necefTary to carry this Act into operation
timl elfecf, unlefs by fpecial covenant they fhall hereafter
obligate themfelves fo to do.

[;This A£l: palled March 7, 1803.]

A dam author
ized.

i68 SCITUATE DAMS. March j. An. lU^.

An ACT to authorize yejfe Dunbar, and others.

Owners of the Mill at Scituate Harbour, in the

Additional AA, Couuty of Plymouth, to erecl Dams acrofs Mill-

jan. 30, 1804. fj^^^j^ ^^^ j^^i^g Q^^^i^^ £^ called, at faid Harbour.

^j TjE it enaBed by the Senate and Houfe of Reprefenta-

'*--' tives, in General Court ajpinbled, and by the author-
ity of the fame, That JeJJe Dunbar and others, owners of the
grift-mill at Scituate Harbour, in the county of Plymouth, their
heirs and affigns, are hereby authorized and empowered
to ereci and maintain a dam acrofs Mill Creek and Maine
Creek, at the faid Scituate Harbour, at the places, and in the
manner following, viz. At Mill Creek, fouthward of a line
running fouth feventy degrees eaft, from the fouth-weft cor-
ner of Lemuel Final's dwelling-houfe ; and at Maine Creek,
fouthward of the place where a line running fouth fixteen de-
grees eaft, from the eaft end of the prefent mill-dam, will
ftrike faid Maine Creek ; which faid dams, the faid Jejp Dun-
bar and others, their heirs and affigns, may continue and
maintain, fo long as they fliall fee fit to occupy and ufe the
faid mill as a grift-mill.

Sect. 2. Jind be it further enncled, That the faid JeJp
-. Dunbar and others, their heirs and affigns, ftiall forever make
through the ^"<i Open a fufficient pafTage through the faid dam at Mill
dam to be o- Creek, and from thence into Maine Creek, at leaft twenty feet
pened. wide, in the deepeft water, and where moft convenient, for

the paffhge of veflels at all times when requefted by any
perfon or perfons who fhall defire to pafs tlirough faid dam
or dams, with their veflels, free of all expenfe to the owners
of fuch velTels ; and upon the refufal or negleft fo to make
and open fuch paftage as aforefaid, they fhall forfeit and
pay for each offence, to the perfon or perfons fo requeft-
ing the fame, the fum of t^vo hundred dollars : Provided al-
nvays, That nothing in this Aft fiiall be conftrued to prevent
'owners of meadows or marllies, which fliall be flowed in
confequence of faid dam or dams, from recovering any dam-
ages fuftained thereby.

Sect. 3. u^nd be it further enaBed, That whenever any dif-

Cafeof difputcp^j-g fi^^j^ arife refpedling the fuitablenefs or convenience of

Lk'nefs^^or'the ^^^^ P^^^^ °^" paftage for veffels to be opened as aforefaid, the

paffage. Selectmen of the laid town of Scituate, for the time being, fliall

upon application of either of the parties be, and they are

hereby authorized to determine faid dlfpute, and to defignate

and direct how, and in what manner fuch paftage ftiail be

■ made.

[This Aa pafled March 7, 1803.]

Aft

BEVERLY CONG. SOCIETY. M^rJj7,An.i8o3. 169

An ACT to incorporate a Number of the Inhabitants
of the Firft Parifti in the Town of Beverly into a
feparate Parifh.

WHEREAS a number of the Inhabitants of the town of Preamble
Beverlyy belonging to the firfl: parilh in the faid town,
have petitioned this Court to be fet off from the faid firft
parifh, and to be incorporated into a feparate Society, for the
reafons exprefled in their petition, and it appearing reafonable
to this Court that the prayer thereof be granted :

Sect. I. Be it therefore enacted by the Senate and Hoiife ofRep-
refintativesy in General Court ajftmhled^ and by the authority of the
famey That Thomas /^ppletcn, James Smithy Ephraim Prichardy Names of per-
John Dike, John Lowy William Burley, TVilliam Hcrrich Lovetty ^°"* incorpora*
Jonathan Larconiy A/a Coky John Hatchy John Pickett, Gamaliel ^^^
Hatchy Mark KnowltoUy JoJiah lVocdhuryy]w\\. Btnjamin Carico,
William Fomisy Ambrcfe Cleaves, Nehemiah Smith, jun. George
M'Lellan, Peter Woodbury, Timothy Wyery Jeremiah Trajk, Jon-
athan Smithy Nehemiah Smith, Ifaac Hrjkelly Ebenezer Wallaccy
Dudley Abbot y Jfhn Fornisy Caleb Wallis, Benjamin Brown, jun.
Jacob Anderfon, John Lovett, David Larcom, Jofep% Gouldjhury^
Peter Hill, Nathaniel Wallis, Benjamin Larcom, Jonathan Her-
rick Lovett, Benjamin Sfandley, Ebenezer Wallis, 2d. Jofiah FoJler,
Benjamin Bryant, Thomas Herrick, Jofiah F. Chapman, Jofeph
Woodbury, 2d. Willinm Dodge, William Lovett, 2d. Thomas Carico,
Dtmon C. Tiuif, William C. Woodberry, Philip Hammondy Jofiah
Fofler, 2d. Edward Foflery John Eliingwoody David Fornisy jun.
Samuel Fofery George Crofsy jun. Timothy Standby y George D,
Chapman y Hezekiah Lovett, Jofeph Lovetty 3d. Daniel Allen,
Jofph Pedricky Daniel W. Gowiugy Jonathan Griffiny William T,
Manning, Andrew Larcomy Ezra Cleavesy Ebenezer Smithy jun.
Robert Standleyy 2d. Daniel Herricky Jofeph Stickneyy Nathaniel
RitcheUery Zachariah Morgan, John Bradf}jaw,Abner Chapman,
Nehemiah Roundy, 2d. Richard Gber, 2d.* Mofes Howard, Ifrael
Conant, Joj?ph Ober, Abner C. Sione, Elizabeth Lovett, Widow
Elizabeth Ives, Hannah Batcheldcr, Anna Aleacom, Sarah Endicot
Ford, Rebeccah Bowles, Hannah Cleavesy Mark V^oodburyy Sam-
uel Smithy John Wefly Jonathan P. Ober, Daniel Porter, Daniel
^Pplfo"y iffachar 0. Fojlery Anna Corning, Mary Foflery Lydia
ThfJ^ly Hannah Fornisy Judith Lovett, Hantiah Chap?nany Abigail
HafkellyPrifiUa Chapman, Joanna Stone, Abigail Turkin, Sarah
Smith, Elizabeth Pickard, Elizabeth Lovetty Joanna Greeny Mary
^^fncky Anna Woodberry, Mary Prince, Eliza Herrick, Nabbv
Glidaen, Mary Adams, Sarah Eliingwoody Hannah Clarky S.rah
ives, William Patch, Jcfah Woodberry, Obed Woodberry, Ifaac

\T TTT Miller.

Vol. III. X

170 BEVERLY CONG. SOCIETY. M^rr/j 7, An. 1803.

MilLery Jofeph WooSury, 30!. Oliver Ol>er, Ccrnelh/s Dodge,
William Goodriclge, David Wales, Jlfcph Smith, Alc>-:andcy Car--
ico, and David Standley, jun. the petitioners for the laid Society,
together with their polls and eftate'^, be, and hereby are incorpo-
rated a Society, by the name of T!:d Third Ccngregatictial SociiXy
in Beverly, v.'ith all the powers, privileges and immunities which
other parifhes in this Commonwealth are entitled to by law.
Sect. 2. Jlnd be it further enacted, That any of the members
Menibcrs of {^c^onp-ing to the firft or third parifhes, defiring to chanee their

the T it nilowcd. 00 ^ 1 ■' O c*

to join the 3d i"elation from one parifli to the other, fhall have full right and
parifh, &c. liberty to do it, at any time previous to the firffc day oi ATarch,
one thoufand eight hundred and five ; provided they fignify in
writing under their hands, to the Clerk of the parifli which
they wilh to join, their wifh and determination of being confid-
ered as members of faid parlfh, and they fliall accordingly be
recorded as fuch by the Clerk of the faid parifli.

Sect. 3. And be it further ennFred, That if any perfon who
may hereafter fettle within the limits of the firft parifh, lliall
neglect", for the fpace of twelve months, to join either parifli,
by fignlfylng his determination of the fame in the manner
pointed cut in the feconci feclion of this A£t, it may and fliall be
lawful and right for both the parifli es aforefaid to tax all fuch
perfons for the fupport of public worfliip, and other parochial
^, , . . charges ; and anv perfon fo taxed fliall have the liberty of

inhiiintatits to , ^^ ' , . , v . 1 -n 1 i -A

belong to the clioohng which oi the taxes he will pay, and to that paruh to
parifli to which he pays his tax he fliall, with his family and eftate, always

T'hich theypay jjj future be confldered as belonging, and fliall accordingly be
t eir taxes. j-^ccrded as fuch by the Clerk of faid parifli.

^ ^ . Sect. 4. And be it further enaEled, That all youne perfons,

PetlonsconiinE: . , . , ^ ,. . „•< , , ^ >^ '

of age may join withm the lim.its atorelaid, when they becoiTxe twenty-one years
cither parifli. old, ihall have full liberty, r.t any time within twelve months
after they become fventy-one years of age, to join, with their
polls and eftates, either the firft or the third parilli, by fignify-
ing their' determination in writing to the Clerk of the parilh
they may delire to join.

Sect. 5. And he it further enacled. That Jfcph Wood, Efq,

How to call or any otlier Juflice of the Peace in the county oi Fjfex, be, and

the firft nieet- |ie is herebv authorized to ifiiie his warrant, directed to fonie

"'S* member of the faid Third Congregational Society, requiring

him to warn the members of the faid Society, qualihed to vote

in parifli attairs, to aiTemble at fome fuitable time and place, as

fliall be exprcfled in the faid warrant, to choofe fuch oflicers as

parifli es are by law required to choofe in the month cf MarS

or April annually, and to tranfadl all other matters and things

necelTary for the well being of the faid Society.

[This AcT: pafled March 7, 1803.]

HAMPDEN ACADEMY. M^rr/^ 7, An.1803. 171

An ACT to eftablifli an Academy in the Town of
Hampden, within the County of Hancock, by the
Name of The Hampden Academy.

WHEREAS John CroJJjy and others have fubfcribed the
fum of three thoufand flur hundred dollars, for the pur-
pole of eredling and fupporthig an Academy in the town of
Hampden, in the county of Hancock :

Sect. 1. Be it enacled by the Senate and Houfe of Reprefent'
ntives, in General Court ajjcmblcd, and by the authority of the fame.
That there be, and herebv is eftablifhed in the faid town of
Hampden, an Academy by the name of 27v Hampden Academy,
for the purpofe of promoting piety, morality and religion, and
for the education of youth, in fuch languages and fuch of
the liberal arts and fciences, as the Trullees herein named
and their fiicceflbrs, (hall from time to time direct : And that yjuf^eej j^-
the Hon. David Cobb, Daniel Neal, John Crofby, Martin Kinf- pointed.
ley, Robert Treat, Oliver Leonard, and Thomas Phillips, Efqrs.
the Rev. Mr. Alafin, of Cafline ; the Rev. Mr. Fijher, of Blue
Hill ; the Rev. Mr. Poive's, of Penobfcot ; and the Rev. Mr.
Mudge, of Ofringion ,- Capt. Andreiu Pattcrfon, Capt. James
Dudley, Andrew Grant, and Jfiah Kidder, be, and hereby are
incorporated into a Body Politic bv the name of The Trufiees of
Hampden Academy, and that they and their fucceiTors Avail be
and continue a Body Politic and Corporate by the fame nama
forever.

Sect. 2. Be it further enacled, That all the monies-, lands
or other property already fubicribed and given, or which fi^^-^^nacre" prou-
liereaftcr in any way be alligned or transferred to the faid erty. ^
Truftees for the purpofes aforefaid, or cither of theniylhall be
confirmed to the laid Trullees and their iccceffors forever :
And that the faid Truftees may have and hold in fee fimnle, by
gift, grant or otherwife, any lands or other eftate, real or per-
ibnal : Provided the aimual income thereof Ihall not exceed the
fum offve thoufand dollars ; and may fell aau difpofe of the
fame, and apply the rents and proceeds of the fame in fuch
way and manner as they Ihall deem moft conducive to the
promotion of the interellt of the laid inftitution.

Sect. 3. Be it further enacled. That tlie faid Truftees iliall — ^^ appoint
have power from time to time to ole6l fuch officers of the faid °^ ^\ ^ ^.^^
Academy as they Ihall judge neceliary, and to fix the tenures
of their refpeilive cilices-— to remove any Truftee from the
Corporation, when in their opinion he Ihall be incapable, by
reafon of age or otherwife, of difcharging the duties of his
olTice— r-to nil all vacancies in the faid Corporation — to deter-
mine the tim.es and places ot the meetings of the faid (i<:)rpo-

r:.tion — -

172

ATHOL k ROY ALSTON. March 7, An.1803.

ration — the manner of notifying them, and the manner of
eledling and removingTruftees — to eledl and prefcribe the pow-
ers and duties of the officers of faid Corporation — and to make
and ordain reafonable rules and by-laws, not repugnant to the
laws of this Commonwealth, with reafonable penalties for the
good government of the faid Academy.

Sect. 4. Be it further ev.aciecly That the faid Truftees

Inftraments to ^^7 have 'a common feal, which they may renew or alter at

be fealed with pleafure 5 and that all inftruments ligned and fealed with fuch

common feal. feal, delivered and acknowledged by the Secretary of the faid

Corporation by order of the faid Truftees, fhall be good and

valid in law ; And that the faid Truftees may fue and be fued

in all actions, real, perfonal and mixed •, and profecute and

defend the fame to final judgm^ent and execution, by and in

the name of the faid Corporation.

Sect. 5. Be it further evacled-^ That the number of Truftees
fhall never exceed the number herein incorporated as afore-
ef faid, nor be lefs than nine, five of whom Ihall be neceftary to
conftitute a quorum for tranfacling bufinefs.

Sect. 6. Be it further enacled^ That Daniel Neal, Efq. be,
and hereby is authorized and empowered to f\x the time and
place for holding the firft meeting of faid Truftees, and to
notify them accordingly.

[This A61 pafled March 7, 1803.]

Number
Trullees.

Firft meet'iDg.

An ACT to fet off Part of the Town of Athol^ and to
annex the fame to the Town of Royaljioru

c ZJ-fi" it enacted by the Senate and Houfe of Rcprefenta-'

-*-^ tivesy in General Court ajfembledy and by the author-
ity of the fawey That all the lands lying within the lines herein
defcribed, with, the inhabitants thereon, be, and hereby are
fet oft from the town of AthoJy in the county of Worcefler^ and
annexed to the town of Royaljlony in the fame county, viz. Be-
Boundarles. ginning at the north-eaft corner of Atholy on Royalflon line ;
thence running foath five degrees weft, on the town line of
faid R'jyajjhn, one mile, one quarter and five poles, to Miller's
River ; thence wefterly and foutherly by faid river, about
three hundred rods j thence weft thirty-eight rods, to Seth
Twitchell'z land ; thence north two hundred and fix rods ;
thence weft one hundred rods •, thence north three hundred
and fixteen rods to Royalfon line ; thence eaft four degrees
north, by RcyaJjlon line, three hundred and ten rods, to the
bound firft mentioned : Provided hoivever^ That the inhabitants
on the aforefaid lands, and their eftates, fliall be holden to pay
their proportion of all State, county, town and parochial taxes
afi^efled upon them, prior to the date of this hi\.

Sect.

NEWBURYPT. TURNPIKE. March S,An,iBo^. 173

Sect. 2. ^nd he it further emSledy That in all future Alteration «t
State and county taxes, until a new valuation fhall be taken taxei,
and fettled, one fifteenth part of the taxes which would have
been fet to the town of Athalj according to the laft valuation,
ihall be taken therefrom and fet to the town of Royaljion,
(This Aa pafled March 7, 1803.]

An ACT for incorporating certain Perfons for the Additional
Purpofe of laying out and making a Turnpike Road Mtr'c/j^ig©*
from Newburyport to Chelfea Bridge,

WHEREAS the laying out and making of the faid road Preamble,
will be of great public utility, and Micajah Sawyer^
and others, have petitioned this Court for an Aft of incorpora-
tion, to empower them to lay out and make faid road, and have
fubfcribed to a fund for that purpofe : Therefore,

Sect. i. Be it enaEled by the Setiate and Hcufe of Reprefer^a'
fives y in General Court ujfembledy and by the authority of the fame ^
That Micajah Sawyer^ IVilliam Coombs^ Nicholas Fjkcy Arnold Names of per.
Welles f William Bartlett^ John Pettingellj William Smithy John fons incorpora-
Codmany and fames Princey and all fuch perfons as are or Ihall '^**
be alTociated with them, and interefted in faid fund, and their
fucceflbrs, fhall be a Corporation by the name of The New-
buryport Turnpike Corporation ; and {hall by that name fue and
be lued ; and fhall have a common feal, and enjoy all the privi-
leges and powers which are by law incident to a Corporation,
for the purpofe of inying out and making a turnpike road, and
keeping the fame in repair ; that is to fay, a road beginning at Courfe of the
the head of State-Streety fo called, in Newburyport ,- and from road,
thence to be continued in a courfe fouth twenty-four degrees
weft, as nearly as pofiible, through the towns of Newbury y Row- To terminate
leyy Ipfwichy Topsfieldy DanverSy Lynnfieldy Ly7my Maiden 2Xid^^^.^^ ^"^"^^^
Chalfeoy to the Chelfea Bridge y fo called ; the faid road to be as ^fj. March o,
nearly in a flraight line as pradticable from the head of State- 1805.
Streety in Newburyporty to Chelfea Bridge.

Sect. 2. And be it further enaBedy That the abovemen-
tiored perfons, or any three of them, may, by an advertifement Firft meeting
in the Newburyport Heraldy printed in Newburyporty and in the how to be calf
New-'--figland Falladiumy printed in BofoHy call a meeting of the ^^'
faid Proprietors, to be holden at any fuitable time and place
after fifteen days from the publication of faid advertifement ;
and the faid Proprietors, by vote of the majority of thofe pref-
ent or reprefented at ths laid meeting, (in all cafes accounting
and allowing a vote to each fingle fhare) fhall choofe a Clerk,
who ihall be fworn to the faithful difcharge of his duty, and
who fliaii agree on a method for calling future meetings j and

174 NEWBURYPT. TURNPIKE. M«rJ^ 8, An. 1803.

R Ics &c to ^t t^^^ fame, or at any fubfequent meeting, may make and
Vie efiabliiiied. ellablifli any rules and regulations that fhall be neceflary or
convenient for regulating the faid Corporation, for effedtlng>
completing and executing the purpofes aforefaid, or for collect-
ing the toll hereafter granted ; and the fame rules and regula-
tions may caufe to be kept and executed, or for the breach
thereof may order and enjoin fines and penalties not exceeding^
thirteen dollars and thirty-three cents^ for any breach thereof,
provided fuch rules and regulations are not repugnant to the
laws or Conftitution of this Commonwealth ; and the faid Pro-
prietors may alfo choofe and appoint any other officer or officers
that they may deem neceffiiiy ; and all reprefentations at any
meeting fliall be proved in writing, ligned by the perfon making
the fame, which fhall be filed with and recorded by the Clerk ;
and this Act, and all rules, regulations and votes of the faid
Corporation fhall be faii-ly and truly recorded by the faid Clerk
in a book or books to be provided and kept for that purpofe :
Provided dfo^ That no one Proprietor in this Corporation fhall
have more than twenty votes.

Sect. 3. And be it further enacted^ That the fime turnpike
road fhall be laid out and made by the faid Corporation of
^*f '^\ d ^ fufficient width in every part thereof for the accommodation of
' the public ; that is to lay, four rods Avide through the whole of
faid road \ and the made way or path for travelling, fliall be of
fufficient width, and not lefs than thirty-two feet wide in any
part thereof: And when tlie faid road fliall be fafficiently made
from faid Ne%vburyport to faid Chelfm Bridge, and fliall be fb
allowed by any three men to be appointed by His Excellency
the Governor of this Commonwealth for that purpofe, then the
Three gates to faid Corporation fhall be authorized to ere6l three turnpike gates
be ereded ^^ f^j-]^ convenient diftances within the faid road as a majority
is approved^ °^ ^^^^ Proprietors by them or their officers fliall diredl : Pro'
videdy That neither of the gates aforefaid fliall be placed on any
part of the roads heretofore travelled ; and fliall be entitled to
receive, at each one of the faid gates, from each traveller and
palTenger, the following rate of toll, viz. For every coach, phae-
ton, chariot or other four-wheel carriage, for the conveyance
of perfons, drawn by two horles, twenty-five cents, and if drawn
by more than two horfes, an additional fum oi four cents for
each horfe ; for every cart, waggon, fleigh or fled, or other
aates «f toll, carriage of burden, drawn by two oxen or horfes, twelve and an
half cents, and if by more than two, an additional fum of three
cents for every fuch ox or horfe ; for every c\xxx\z\^,fixteen cents ;■
for every fleigh, for the conveyance of paflengers, drawn by
two horfes, twelve ntid an half cents y and if drawn by more than
two, an additional fum of three cents for each horfe ; for every
fled or fleigh, di-awn by one horfe, ten cents i for every chail'e,

chair

NEWBURYPr. TURNPIKE. March ^, An. iSo^, 175

chair or other carriage, drawn by one horfe, twelve and an half
(enis ; for every man and hork^Jive cents ,- for all oxen, horfcs
and neat cattle, led or driven, belides thofe in teams and car-
riages, one cefjt each ; for all llieep and fwine, three cents by the
dozen, and in the fame proportion for a greater or lefs number :
Provided, That the General Court may hereafter otherwife
regulate the tolls to be paid by carts and waggons according
to the width of the fellies of the wheels on which they Ihali
run, and the burdens which they ihall carry.

Sect. 4. And be it further enacledy That faid Corporation Corporation al-
mav purchafe and hold any land over which they may make faid lowed to hold
road ; and the Juftices of 'the Court of General Seffions of the [^^ necdTary
Peace in the refpeclive counties through which it pafles, are
hereby authorized, on application from the faid Corporation, to
lay out fuch road, or any part thereof within their refpeftive
jurlfdidlions, as, with the confent of the faid Corporation, they
may think proper : And the fiid Corporation fliali be hoklen to
pay all damages which fhall arife to any perfon by taking his land
for fuch road, where it cannot be obtained by voluntary agreement,
to be eftimated by a Committee^, appointed by the Court of
General Seffions of the Peace in the county in which fuch dam-
age fhall arife, faving to either party a right of trial by Jury,
according to the law which makes provillon for the recovery
of damages happening by laying out public highways.

Sect. 5. Ami be it further enaSledy That if the faid Corpora-
tion, or their toll-gatherer, or others by them employed, fhall
unreafonably delay or hinder any paflenger or traveller at either
of faid gates, or fhall demand or receive more toll than is by
this Aft eftablifhed, the Corporation fhall forfeit and pay a fum „ , ^ ,
not exceeding ten dollars nor lefs than two dJlarSy to be recov- layinj,'' paff^n-
ered before any Juftice of the Peace of the county where the gers and de-
offence may be committed, by any perfon injured, delayed or manding iUe-
defrauded, in a fpecial a(Slion of the cafe ; the writ in which "^ '°*^'
fliall be ferved on faid Corporation, by leaving a copy of the
fame with the Treafurer, or fome individual member of faid
Corporation, living in the county where the faid atTtion may be
brought, or by reading the fame to faid Treafurer, or individual
member, at leafl feven days before the day of trial ; and the
Treafurer of faid Corporation, or individual member, ihall be
allowed to defend the fame fuit in behalf of the faid Corpora-
tion : And the faid Corporation fhall be liable to pay all
damages that fhall happen to any perfon from whom the toll is
demandable, for any damage which fliall arife from the defeat
of bridges or want of repairing faid ways ; and fhall alio be li-
able to prefentment by the Grand Jury, for not keeping the
fame in good repair.

Sect.

i;5 NEWBURYPT. TURNPIKE. M^r^y?^ 8, An.1803.

Sect. 6. And he it further enaBedy That if any perfon {hall
cut, break down or otherwife deftroy any of faid gates, or
fhall dig up or carry away any earth from the faid road, or in
any manner damage the fame, or ftiall forcibly pafs, or attempt
to pafs by force faid gates, without firft having paid the legal
toll at fuch gate, fuch perfon fhall forfeit and pay a fine not ex-
T '"3"''"E ceeding fifty dollars and not lefs than ten dollars^ to be recover-i
road. ^'^ by t^e Treafurer of faid Corporation to their ufe, in an ac-

tion of trefpafs on the cafe : And if any perfon with a team,
cattle or horfes, turn out of faid road to pafs any of the turn-
pike gates aforefaid, and again enter faid road, with an intent
to avoid any toll eftabliflied as aforefaid, fuch perfon fhall for-
feit and pay three times as much as the legal toll at fuch gate or
gates eftablilhed as aforefaid, to be recovered by the Treafurer
aforefaid to the ufe aforefaid, in acftion of debt : Providedy That
Exemptions nothing in this A61: fhall extend to entitle the faid Corporation
from the toll, to demand or receive toll of any perfon who fhall be paffing with
his horfe or carriage to or from public worfhlp, or with his
horfe, team or cattle, to or ffom his common labour, or to or
from any mill, or on the common or ordinary bufinefs of fam-
ily concerns within the faid town, or from any perfon or perfons
pafling on military duty.
Shares deemed Sect. 7. And k it further enaSled, Thzt the fhares in faid
perfonal eftatc, road (hall be deemed perfonal eftate, to all intents and purpofes,
and may be at- and (hall be transferable by deed, duly acknowledged before
lached, &c. ^^y. jufti^e of the Peace, and recorded by the Clerk of the faid
Corporation in a book to be kept for that purpofe : And when
any fuch fhare fhall be attached on meffie procefs, or taken in
execution, an attefted copy of fuch writ of attachment or execu-
tion (hall, at the time of the attachment or taking in execution,
be left with the Clerk of faij Corporation, otherwife the at-
tachment or taking iii execution fhall be void •, and fuch (hares
may be taken and Ibid by execution in the fame manner as
other perfonal efl:ate ; and the ofhcer or judgment creditor,
leaving a copy of fuch execution, with the return thereon, with
fuch Clerk, within fourteen days after fuch fale, and paying for
the recording thereof, (liall be deemed a fufficient transfer of
the fame.

Sect. 8. And he it further enacted^ That the faid Corpora-
Amount of tlon (hall, within fix months after faid turnpike road fhall be
receipts and ex- completed, lodge in the Secretary's office an account of all the
SibiteA ^^ expenfes of faid road ; and the faid Corporation fliall annually
exhibit to the Governor and Council a true account of the in-
come or dividend arifing from faid toll, with the necefTary an-
nual difburfements on faid road ; and the books of the faid
Corporation (hall at all times be fubjedt to the infpe6tion of a

Committee

Is^EWBltRYPT. TURNPIKE. March 8, An.1805. 17;

Committee to be appointed by the General Court, or to the
inlpection of the Governor and Council when called for.

Sect. 9. And be it farther enticed, That whenever any
Proprietor ihall neglodl or refufe to pay any tax or affeiTment*,
duly voted and agreed upon by the fliid Corporation, to their
Treafurer, within thirty days after the time fet for the payment
thereof, the Treafurer of f.iid Corporation is hereby autho- .
rized to fell at public vendue the ihare or Ihares of fach ddin- Sharesofdelih.

n • /I- 11 u r rr-' • j r 1"^"' Propn-

quent rropnetor, one or more, as ihall be luiiicient to deiray etors may b«
fiiid taxes, and necelTary incidtntal charges, after duly notifying fold,
in one or more public newfpapers printed in the county of Ejjexy
and the neu-fpaper printed in Bjjlon by tiie printers of the Gen-
eral Court, the fum due on fach ihares, and tlie time and place
of fale, at leall thirty days previous to the time of fide ; and fuch
'/ale (hall be a fuincient transfer of fuch fhare or ihares fo fold,
to the perfon purchafing the fame j and on producing a
certificate from the Treafurer to the Clerk of faid Corpora-
tion, the name of fuch purchafer, with the number oF Ihares
lo fold, ihall be by the Clerk entered on the books of the faid
Corporation, and fuch perfon ihal! be conlidered to all intents
the Proprietor thereof j and the overplus, if any there be, Ihall
be paid on demand, by the Treaiurer, to the perfons whofe
Ihares were then fold.

Sect. io. And be it further cnaFfed/Y\\7L\\\\QQQXi<iX7i\.Q,o\\xt'^'^^ General
maydiiTolve the laid Corporation, whenever itihallapper.r to their 5'""'"'^ 7^^^^*^^^'
latisfadtion, that the laid income arifing from fiid toll lliall have poration.
fully compenfated tlie faid Corporation for all m.onies they may
have expended in purchaling, repairing and taking care of the
faid road, together with an intereil thereon, at the rate of
■ twelve dollr^s on th^ hundred for a year from the time of the
fame ; and thereupon the intereft in the raid turnpike road aiall
Veft in the Comaionweakh : Provided^ That if the laid Corpo-
ration fliall neglecl to complete faid turnpike road for the fpace
of five years from the paiTing of thio Act, the fame Ihall be void
und of no cffe»St.

Sect, i i. AnA be it further enaEied, That the faid Corpora- Therateofto'l
tlon be, and it is hereby empowered to commute the rate of toll miv be com*
with any perfon^ or with the iniiabitants of any town through muted.
^vhlch their turnpike road is made, by taking of him. or them
any certain fum annually, or for a iefs time, to .be mutually
agreed on in lieu of the toll cltablilhed in and by this Act.

Sect, i 2. And h it further enabled. That the faid Corpo-
ration is hereby alkr.ved to ^rant monies to fuch perfons as ^^j^-^^^^lj^
tendered fervices to the Proprietors, in exploring the route of granted to '«r-
the turaplke road, cr othervyife, previous to the Adl of incor- win perions.

poration j

Vol. IIL t

178 MASS. MEDICAL SOCIETY. ManbS.An.iBo^.

poration : And the faid Corporation is hereby autiiorized to
purchafe and hold other real eftate, adjacent to, and for the
accommodation of the faid road, to the amount of tivetiiy thow
jfand dollars.

[This Aa palTed March 8, 1803.]

An ACT in addition to an Acl, entitled, " An Act
Nov. T, ij%u to incorporate certain Phyficians by the Name of

The Maffachufetts Medical Society.^*

P bl TTT THERE AS the A£l, entitled, « An Acl to incorporate

V V certain phyficians by the name of The M.ijpichufetts

Uledical Society" has been found, in its operation, infufficient

to efFe£l the important and defirable purpofes for which it was

defigned : ^■

Sect. i. Be it hiacled by the Senate and Houfe of Reprefenta*
tiveSf in General Court affenibledy and by the authority of the fame^
That the Fellows for the time being of the faid Maffachufetts
Society may Medical Society, in any meeting or meetings to be called and
elcft as many j^glden for the purpofe, before the next annual meetings, {hall
they ■(hall fee ^^'^'^ authority to elect into that Corporation, and to be Fel-
fiu lows thereof, fuch and fo many fuitable perfons, being phyfi-

cians or furgeons, refident within this Commonwealth, as they
fhall fee fit ; any thing in the A61 to which this is in addition
to the contrary notwithftanding : Provided, That all perfons
fo elefted fhall, within one year after fuch eleftion, fubfcribe
the by-laws of the faid Society, or otherwife declare, in writ-
ing, their aficnt thereto, or fuch ele£lion fliall be void.

Sect. 2. And be it further enacied. That at the next annual
fe°chof!!r" *° "meeting of the Fellows of the faid Society, and afterwards at
every annual meeting thereof, there Ihall be chofen by ballot,
in which any abfent member may vote by his proxy, duly au-
thorized in writing, fo many Counfellors as the faid Society
Ihall, from time to time, judge necefiary and expedient, who
Ihall hold their offices for the year next enfuing their eledlion,
and until another election of Counfellors in their place ; and
the Fellows, at their annual meetings, whenever fuch a num-
ber fliall be prefent as the regulations of the Society may
require, may revife, alter, enlarge and repeal the by-laws of
the fdid Society, as the major part of the Fellows prefent may-
fee fit, and not otherwife.

Sect. 3. And be zV /"«r/^(?r f«^/?f J, That the Counfellors

Meetings of ^f ^jj^ faid Corporation, and their fucceffors after them, fhall

iors, ' aflTemble and convene three times in the year, at fuch times and

places as the by-laws of the faid Corporation (liall hereafter

diredt : Provided, That the rirft meeting be within thirty days

after

MASS. MEDICAL SOCIETY. March 8, An.1803. »79

after the annual meeting of the faid Society ; anjj the faid
Counfellors fhall afiemble and convene at any other times, as
the by-laws of the faid Corporation Ihall hereafter direiSt, and
whenever notified to convene by their prefiding officer; and
the meetings of the faid Counfellors fhall be held in the town
of Bojlotiy or as near thereto as may be ; and at the faid firft
meeting of the Counfellors, after the annual meeting of the
faid Society, the faid Counfellors fhall proceed to appoint from
among themfelves a Prefident, and fuch other officers of the
faid Corporation as are, and fliall be required in the rules and
by-laws thereof to be fo appointed •, likewife five Examiners Examiners ^
or Cenfors, for the examination of all perfons, who, having ^ ''PP®*" *
been ftudents in medicine and furgery, agreeably to the reg-
ulations of the faid Society, fhall offer themfelves to be ap^-
proved and licenfed, as pratSlifing phyficians and furgeons ; and
the faid Counfellors, at any of the three ftated meetings of
the fame, and only at thofe meetings, and after three months
nomination of every candidate, and not otherwife, by a major
vote of thofe prefent, may ele6t any fuitable perfon or perfons
to be a Fellow or Fellows of the faid Society : Provided^ That
all praftifing phyficians and furgeons, refident within this
Commonwealth, who fhall be fo elefted, fliall, within one
year after fuch eleftion, fubfcribe the by-laws of the faid
Society, or otherwife declare, in writing, their aflent to the
fame, or fuch ele£lion ffiall be void ; and all perfons, not
pra<^ifing phyficians or furgeons, or not refident within this nirmbo-Tmay
Commonwealth, who ihall be {o elected, may be deemed hon- be cle<aed. ^. ^
orary members of the faid Society ; and at any meeting of
the faid Counfellors they may fill any vacant office, and per-
form any other duties, as the by-laws of the faid Corporation
Ihall direa.

f*:CT. 4» And he it further enaclt'd^ That for the purpofe
of examining candidates as aforefaid, three at leaft of the
Examiners or Cenfors, who fhall be appointed as hforefaid,
fliall be convened in the town of Bojlon^ on the Thurfday next ^^^"^jj, ^
preceding the annual meetings of the faid Society, and at fuch
other times and places as the by-laws of the faid Society fhall
dire<fl ; and every candidate who, upon examination, Ihall be
approved by a majority of the faid Examiners, fliall be entitled Letters tefti-
to letters teflimonial of their approbation, and of their licenfe monial to be
to fuch candidate to become a pra(ftitioner in medicine or fur- S'^<^'} approved
gery, under the hands of the Examiners confenting thereto . <^^" ^ * ^'^ --*
and to fuch letters teftimonial the feal of the faid Corporation
ihall be affixed by the Prefident or Secretary, if any there fhall
be, with the fignature of the fame ; and every perfon who
fhall receive the faid letters teiHmonial, and fuch alfo as here-
after may be aduiitted to the degree of batchelor in medicine-

?8© MASS. MEDICAL SOCIETY. March 8, Aii.iSoj.

at Harvard Unlvi'rfjy, fliall be entitled to the ufe of the Iibra«
ries of tlte fociety, under Inch reftriclions as the Counfellors.
may direft ; and after three years approved pradlice in med-,
icine and furgery, and being of good moral charafter, and not
othervvife, fhali, upon application and fubfcribing the by-laws
as aforefaid, be admitted a n.ember of the faid Corporation
while a refident pradlitioner of medicine or furgery within
this Commonwealth.

Sect. 5. A/:cl be it fwthsr enaEiech That the faid Counfcl-.
lors, upon the application of any |ive members of the faid So-
fivbordinate ciety, ixiay eftabUfli, within fuch diftricts and portions of this
(otatifi, i"ay Commonwealth as t;hey fliall think ?xpediejit, fubordinate fo-.
e e a i ^ica. ^-jg^j^c ^nd meetings, to corifift of the Fellows of the faid Cor-
poration rehding v/ithin fuch diftricts refpefHvely, whereiu
the communication of cales and experiments may be made,
and the diE'ufion of knowledge in medicine and furgery may-
be encouraged and promoted ; and the Counfellors aforefaid,
Ex;aminers may upon application ft'om fucli fubordinate fccieties, may appoint
be appointed ^^^ Examiners or Cenfurs within fuch diftrifls, who fhali be

on application , • , , , • > - i- ,

of fubordintte a.'-ithonzed and empowered to examme lucn candidates tor
focieties. the pradtice of phyfic and furgery as Ihall prefent themfelves

for fuch examination : And every candidate who, upon ex?
amination iliall be approved by a majority of the Examiners
or Cenfors aforefaid, fliall be entitled to letters teftiuionial in
the fame manner as is provided in the fourth fedtion of this
Acl: : And the members oi fuch fubordiiiate focieties fliall be
holden to report to the Counfellors of the General Society, all
fuch cafes as may be felected for their importance and utility ;
^nd the faid {iibordinaie focieties fnall be fubjedl to the regu-
lations of the General Society in all matters wherein the Gen-
eral Society ihall be concerned \ and the faid fubordinate fo-
cieties may appoint their own officers, and eftabliih regulations
fnr their particular government, not repugnart to the by-lav;5.
of the General Socict}' j and fl-.all be capable to purchafe and
receive by donation, books, phiiofophical and thirurgical in-
ftruments, or other perfonal property, and may hold and dif-
pofe of the fa^jie exclu^vely of any authority of the General
Societ3^

Sect. 6. And h it further enaBed-, That all matters and

yarts of for- claufes conlaijied in the Aii rforefaid, to incorporate certain

5ier law rt- Fhyficians by the »ame of Th:; Majjachnfetts Medical Society^

•^tslcd. -yvhich are contrary to the purview of this A£V, Ihali be, and

they hereby are repealed.

Sect. 7. And he it fwther eaaSItd, That the Fellows of the.
The Fellows jfaid Corporation {hall riOt be liable to be enrolled or mufter-

exeniptcd from , ■ ^-i -r • r ^i • r- ui

aiilitaj-y duty ' ^^ ^" "^^ niihtia ct this L-ommouwealtn.

■"''■'* [This Adt paiTed ilirtr^-/^ ^, 1803.]

CAMBRIDGE, &c. TURNP. March 8, An. 1803. i5|

An ACT to eftabllfh a Corporation by the Name of ^^f ^^^J,^
TbL- Cambridge and Concord Turnpike Corporation. i8o4,Mlrch8,'

WHEREAS the highway leailing from Cambridge through ^^°^-
Lexington to Cjncord is circuitous, and the expenfe of ^''■«»"^''1«-
making, ftraightening and keeping the fame in good repair, is
much greater than can be reafonably requii-ed of the faid towns :
Sect. i. Be it enact eJ by the Senate end Houfe of Rcprefenta-*
tiveSj iu General Court a/pmbledy and by the authority of the fame ^
That Jeduthun Willington^ John Richardfotiy Thomas Heald, Names of per-
Francis Jarvis, Char/es Wheeler, V^illiam 'iVheeler, Jonas Lee, J^^^ incorpo^a,
Richard Ri^hardfon, John Stearns, Benjamin Kendall, Thomas
Clark, Peter Clark, Ephraim Flint, Ephraim Flint, jun. Daniel
Brooks, Leonard Hear, rmd ylbiel Abbot, together with fuch oth-
ers as may hereafter aiTociate v/ich them, and their fuccefTors, be,
^nd they hereby are made a Corporation by the name and ilyle
of The Cambridge and Concord Turtipike Corporation ; and by that
name may fue and profecute, and be llied and profecuted, unto
final judgment and execution ; and fhall have a common feal,
and exercife and enjoy all powers and privileges which are ufu-
ally given and incident to fimilar Corporations for making turn-
pike roads : Beginning at or near the dv/elling-h^iufe of Jonas p ,. , .
Wye^h in Cambridge ; and from thence to continue a wefterly ^'^'^ ' ° ■
courfe, fouth of Docl, Andreiv Craige's fummer- houfe, and on
faid courfe to the bridge over the river running out of F're/h
Fond, lb called ; thence on faid route about thirty feet fouth of
%he dwelling-houfc of Richard Richardfon ; thence on faid rout,
fouth of the dwelling-jioufe of Jofnua Kendal in faid Cambridge j
thence on the faid courfe, as near as the nature of the ground
will aduiit, near the dwelling-houl'e oi Jofcph Underwood in Lex-
ington ; thence on the faid courle near the dwelling-houfes of
Benjamin Phinney and Thomas Ttfts in faid Lexington ; thence
on faid courfe near the dv. clling-houfes of Ahiel AU^ot, Leonard
Hour, Timothy Brooks, and Daniel Brocks, in the town of Lir.cola ,;
thence on faid courfe near the dwelling-houfe of Thaddeus Hunt,
in the town of Co7jcord ; thence on faid courfbj on as ftraight a
hrie as circumftances will admit, to the meeting-houfe in Concord i
And the f«ud road flinll not be lefs than four rods wide, and the
path to be travelled in not lels than twenty-two feet wide in
any part thereof ; and when the faid turnpike road fhall be
fufficiently made, and approved of by a Committee appointed
\>y the Court of General Seflions of the Peace for the county
of Middlef'jx, then the faid Corporation fhall be authorized to
erect two turnpike gates on the faid road, in fuch manner as Two gates w.
the faid Committee Ihall judge neceffary and convenient for ^^ crcAed.
coUeclin^ the toll: Froi:itIed, That the faid gates, cr either of
them, fbalji not be ereded on any prefent travelled road.

i82 CAMBRIDGE, &c. TURNP. March 8, An. 1803.

Sect. 2. ^nd be it further enacledy That It (hall be lawful
for the faid Corporation to demand and receive of each traveller
or paiTenger, at each of the faid gates, the following rates of
toll, viz. For every coach, chariot, phaeton, or other four-wheel
Rates of toll Carriage, drawn by t .vo horfes, tiuenty-five cents^ and if drawn
•ftablilhed. by more than two horfes, an additional fum oi four cents for
each horfe ; for every cart or waggon, drawn by two oxen or
horfes, ten cetitSf and if drawn by more than two oxen or horfes,
an additional fum of three cents for each ox or horfe ; for every
curricle, fixteen cents ; for every chaife, chair or other carriage,
drawn by one horfe, ten cents ; for every man and horfe, five
cents ; for every fled or fleigh, drawn by two oxen or horfes,
feven cents^ and if drawn by more than two oxen or horfes, an
additional fum of tivo cents for each ox or horfe ; for every fled
or fleigh, drawn by one YiOx^Q^five cents ; for all horfes, mules,
oxen or neat cattle, led or driven, befldes thofe in teams and
carriages, one cetit each j and for all Iheep and fwine, at the rate
of three cents by the dozen, and In that proportion for a greater
or lefler number : And the faid Corporation fliall, at each place
where the faid toll fliall be collected, ere6t and keep conftantly
expofed to open view, a fign or board, with the rates of toll of
all the tollable articles fairly and legibly written thereon. In
large or capital chara^lers : Provided however^ That the faid
Corporation may, when they fee lit, commute the rate of toll
with any perfon or Corporation, or with the inhabitants of any
town through which the faid uoad pafies, by taking of him or
them a certain fum annually, to be mutually agreed on in lieu
of the toll aforefaid.

Sect. 3. ^nd be it further ena&ed. That the faid Corpora-
tion may purchafe and hold land over which they may make

hdd** "SL^a^ ^^^ ^^^^ ^^^'^ • ^"^ ^^^^ ^^^^ Corporation fliall be holden to
gcB to be paid P^Y ^U damages which fliall arlfe to any perfon by taking his
for land taken, land for fuch road, where It cannot be obtained by voluntary
agreement, to be eftimated by a Committee appointed by the
Court of General Seflions of the Peace of the county of Mid-
dlefexy faving to either party the right of trial by Jury, according
to the law which makes provilion for the recovery of damages
ariling from the laying out of highways : And no town or
private road or way fliall be opened into, or connefked with the
aforefaid turnpike road, without the confent of the faid Corpo-
ration firft had and obtained \ excepting fuch town or private
road or way as may be laid out crofling the faid turnpike road,^
and leading in different directions therefrom.

Sect. 4. And he it further enacledy That If any perfon fliall
wilfully or malicioufly cut, break dovv^n or otherwife injure or
deftroy either of the faid turnpike gates or flgn-board, or fliall
dig up or carry away any earth from the faid road, or in any

manae?

CAMBRIDGE, &c. TURNP. March 8, An. 1803. ^^3

manner damage the fame, or fhall forcibly pafs, or attempt to
pafs the faid gates by force, without having firft paid the legal
toll at fuch gate, fuch perfon fhall forfeit and pay a fine not ^^^^^^ ^^^ ,^^
exceeding forty dollars nor lefs than two dollars, to he Trecoyered .^^^^J^^^^^^'^
by the Treafurer of the faid Corporation to their ufe, in an road."
aftion of trefpafs or on the cafe : And if any perfon with his
team, cart or horfe, turn out of the faid road to pafs any of the
turnpike gates, and again enter on the faid road, with intent to
evade the toll due by virtue of this A61:, fuch perfon fhall forfeit
and pay three times fo much as the legal toll would have been,
to be recovered by the Treafurer of the faid Corporation to
their ufe, in an aftion of debt or on the cafe : Provided^ That
nothing in this A6t fhall extend to entitle the faid Corporation Exemptions
to demand or receive toll of any perfon who fhall be paffing from toll,
with his horfe or carriage to or from public worfhip, or with
his horfe, team or cattle, to or from his common labour on his
farm, or to or from any grifl-mill, or on the common or ordi-
nary bulinefs of family concerns within the fame town, or from
any perfon or perfons pafling on military duty.

Sect. 5. And be it further enaBedy That if the faid Corpo- /

ration, their toll-gatherer, or others in their employ, fhall unrea-
fonably delay or hinder any traveller or pafTenger at either of
the faid gates, or fliall demand and receive more toll than is by
this A£t eftablifhed, the faid Corporation fhall forfeit and pay a \ t -
fum not exceeding ten dollars nor lefs than one dollar y to be \l^^J^.^i^^,
recovered before any Juftice of 'the Peace (not being a Proprie- gersjlkc
tor in faid Corporation) of the county of Middlefex, by any
perfon injured, delayed or defrauded, in a fpecial adtion of the
cafe ; and the writ in fuch adlion fhall be ferved on the Cor-
poration, by leaving a copy of the writ with the Treafurer, or
with fome individual member of the Corporation, at leaft feven
days before the day of trial ; and the faid Treafurer or indi-
vidual member fhall be allowed to defend the fame fuit in
behalf of the Corporation.

Sect. 6. And he it further enaBed^ That the fhares in the shares deemed
fame turnpike road fliall be taken, deemed and confidered to perfonal eftate,
be perfonal eftate to all intents and purpoles, and may and fhall '"^y ^^ *«ach«
be transferable j and the mode of transferring the faid Ihares fhall *^ *
be by deed, acknowledged before any Juftice of. the Peace, and
recorded by the Clerk of the faid Corporation, in a book to be
kept for that purpofe : And when any of the faid fhares fhall be
attached on mefne procefs, or taken In execution, an attefled copy
of fuch writ of attachment or execution fliall, at the time of
the attaciiment or taking in execution, be left with the Clerk
of the faid Corporation, otherwife fuch attachm.ent or taking in
execution fhall be void ; and fuch fliares may be fold on execu-
tion in the fame manner as is or may by law be provided for the

fale

i84 Cambridge, &c. ttfRNP. March g. An. 1 80 j.

fale of perfonal property by execution, the officer making the
fale, or the judgment creditor, leaving a copy of the execution j
and of the officer's return on the fame, with the Clerk of the
faid Corporation, within fourteen days after fuch fale, and pay-
ing for recording the fame^

Sect. j-. And be it further enaBedf That whenever any PrO'^
prietor fliall negleft or refufe to pay any tax or affeffinent duly
voted and agreed upon by the faid Corporation, to their Treaf-
urer, within fljcty days after the fet time for the payment
Shares of tie- thereof, the Treafurer of the faid Corporation is hereby author-
Hnquent Pro- ized to fell at public vendue, the Ihare or fnares of fuch delin-
j^netors may be quent Proprietor, one or more, as fliall be fufficient to defray
faid taxes and necellary incidental charges, after duly notifying
in two newfpapers printed in Bcforty the fum due on any fuch
fhares, and the time and place of fale, at leaft twenty days pre-
vious to the time of fale -, and fuch fale Ihall be a transfer of
the (liare or fnares fold to the perfon purchafing tlse fame ;
and on producing a certificate of inch fale from the Treai'urer
to the' Clerk of the faid Corporation, the name of I'uch pur-
chafer, with the number of fhares fb fold, fliall be by the faid
Clerk entered on the books of the faid Corporation j and fuch
perfon fhall be confidered to all intents and purpofes the Pro-
prietor thereof J and the overplus, if any there be, fhall be paid
on demand by the Treafurer, to the perfon whole fliare or
fhares were thus fold.

Sect. 8. Avd be it further enaBed, That the firi<l: meeting
Fifft meeting of the laid Corporation fliall be held at the houfe of Fhhiehax
of Corporation; Paine^ innholder in Concord^ on the fourth Tuefday in Aiarch
diol'^n &" ^ ^'^^' "^^ '■^'^° °^ ^'^ clock in the afternoon, for the purpofe of
choofing a Clerk, who fliall be f^vorn to the faithful difcharge
of his truft, and fuch other officers as Ihall then and there be!
agreed upon by the faid Corporation, for regulating the con-
cerns thereof J and may alfo agree upon fuch mode of calling
future meetings as they fhall judge proper ! And each Propri-
etor in the laid turnpike road, or by his agent duly authorized
in writing, fliall have a right to vote in all meetings of the faid
Corporation, and lliall be entitled to as many votes as the faid
Proprietor has flisares in the fame, Proiftded his number in faid
{hares do not exceed ten ; but no Proprietor fliall be entitled
to more than ten votes for any greater number of fliares he
may pofiefs.

Sect. 9. And he it further enacled^ That the faid Corpora-
Aft amount of *''°" fball, within fix months after the faid road is com.pleted,
expenfes, re- lodge in tlife Secretary's office an account of the expenfes there-
ccipts, &c. to of; and that the faid Corporation fliall annually exhibit to the
be exhibited. Governor and Council a true account of the incoir.e or dividends
ariling from the toll, with their neceffary annual difburfements

MARBLEH. INS. COMPANY. March?, An.iSo;^, X85

on the faid road ; and that the books of the faiJ Corporation
fhall at all times be fubje£l to the infpedlion of a Committee
to be appointed by the General Court, or to the infpeiStion of
the Governor and Council when called for.

Sect. 10. And k itfurthr ena^ied^ That the General Court Corporation
may diflblve the faid Corporation, whenever it Ihall appear to ^^^^ \ ^^
their fatisfadtion that the income arifing from the toll flaall have Court,
fully compenfated the faid Corporation for all monies they may
have expended in purchafingj repairing and taking care of the
faid road, together v^^ith an intereft thereon at the rate of tivelvt
per centum by the year ; and thereupon the property of the faid
road fhall be vefted in this Commonwealth, and be at their
difpofal : Provided hoivsrjer^ That if the faid Corporation fliall
negle<St to complete the faid turnpike road, for the fpace of
three years from the date of this Act, the fame {hall be void
and of no efFeft.

Sect, r i . And he it further enacledy That the faid Corpora-
tion Ihall be liable to pay all damages which fhall happen to any Corporation
perfon from whom toll is demandable by this Aft, for any a<res by road*»
damage which fliall arile froiA any defecl of bridges, or want of being out oi"
repairs within the fame way ; and lliall alfo be liable to a fine repair,
on the prefentment of the Grand Jury for not keeping the fame
way, or the bridges thereon, in good repair ; And the towns
through which the faid turnpike road may be made and laid
out, fliall be, and hereby are difcharged and exonerated for and
during the term of twenty years from the time of the acceptance
of the faid road ^s aforefaid, of all cofls and charges for the
fupport, amendment and repairs of laid road, that might accrue
againfl faid towns, by reafon of any laying out or acceptance oi
faid road by faid Court of Seflions as a county road, within the
term aforefaid ; and alfo fhall be acquitted and f^ived harmlefs,
from any actions, prefentments, damages and fines on account
of any defect in any part of faid road, and may give this A61 in
evidence to the Jury, on the general iflue pleaded, which fhall
be as available as if plead in bar, or difcharge of fuch actions ot
prefentments.

[This A61 pafled March 8, 1803.]

An ACT to incotporate Robert Hooper, and others, by

the Name of The Marble head hfurance Co?npany.

„ T}^ ^t enacled by the Senate and Hoiffe of Reprefenta- Incorpotatli?j|

tiveSf in Gent f al Court oj/embled, and by the author^ '^^"^**
ity of the fame J That Robert Hooper^ Jf''P'' ^^f'ker, Henry Gall f any
Wiiliam Reed, Ifaac Story, and all otliers their aficciates, being

Vol. Ill, Z

lU MARBLEH. INS. COMPANY. Marc/j 8, An.iSo3.

citizens of the United Stata^ who have or fliall become Stock-
holders in a capital ftock to be paid and employed in the manner
and for the purpcfes hereinafter mentioned, (ball be, and they
hereby are incorporated j and they and their fucceffbrs and
afligns lliall be and continue, not exceeding the term of twenty
years from and after the palling of this A61, a Body Politic and
Corporate, by the name of The Marhlehead Marine Infjurana
Company ; and by that name the faid Stockholders may fue and
be fued, implead and be impleaded, and (hall and may appear,
profecute and defend, in all adlions and fuits for or againll: them,
until final judgment, execution and fatisfaclion ; and they fhall
have a common feal, which they may make, alter and renew
at their pleafure ; and fhall be capable in law to take by pur-
chafe or otherwife, and to hold and convey real eftate : Provided^
Amotint of re- 1 hat the whole real eftate which the faid Company (hall at any
al eftate, one time hold or poflef';, in their corporate capacity, flaali not

exceed jive thoufand dollars in value.

Sect. 2. And he it further enacted^ That the capital flock
of the faid Company, including their real eftare, and exclufive
Amount of of their accruing profits, premiums and dividends, Ihnll be one
capital and val- hundred thoufand dollars^ and lliall be divided into one thoufand
ue of fliares. fh^jres of one hundred dollars each, of which^'j; dollars at the leafl,
on each lliare, fhall be paid within thirty days after the firfl
meeting of the faid Company ; and the remainder of each Ihare
fhall be paid within one hundred and twenty days after the faid
. firft meeting, at fuch inftalments and under fuch penalties for
any failure therein as the faid Company Ihall direct : Provided^
That in the event of any lofs or lofi'es from the part which Ihall
be firii paid of the faid capital Hock, every Stockholder fhall be
liable for the remainder of his fliare and Ihares to be demanded,
and after ten days public notice thereof, to be fued for and re-
covered againft him by the laid Company to the ufes of this
inftitution : And provided y That no transfer of any Ihare or fliares
in the faid capital ftock fliall be permitted, or fhall be valid,
until the inftalments thereof fhall be fully paid as aforefaid.
I Sect. 3. And be it further enaBed, That the faid Company

ffrft mcetino- ^^^^^ have their firft meeting on the fecond Monday of April
■when to be next, at fuch hour and place in Marblehead aforefaid as the faid
held and how Robert Hooper y Joftph Barker, Henry Gallifon, William Reed, and
bnrineff'to b^ if^i^'^ Story^ or any three of them fliall appoint, and of which
iriuiaclcd. they fhall give ten days previous notice by an advertifement in
the Salem Gazette : And at the faid firft meeting, or fome
adjournment thereof, the laid Company, or thofe of them who
fhall be then and there alTembled, ihall agree and determine by
what inftalments, conformably to the terms herein before limit-
ed,, and under what penalties for any failure therein, the fhares
«f their laid capital ftock fhall be paid : And fball elect by ballot

feven

MARELEH. INS. COMPANY. M^rJ^ 8, An. 1803. ^^7

(even Direcl:ors, who, being fworn to the faithful difcharge of
their truft before fome Juftice of the Peace for the county of
EJffXy fhall continue in office until the firft Monday in January
next, and until another election of Direftors : And on the faid
firfl: Monday in January next, and afterwards on the like day
annually, during the continuance of this incorporation, the faid
Company fliall be convened in fuch manner as they {hall direct :
And at fuch annual meeting feven Dire6lors fhall be eledled in
the like manner as aforefaid, and being fworn as aforefaid, fiiall
continue in office for the year then next cnfuing, and until
others fhall be chofen and fworn in their place ; Provided, That
no perfon fhall be capable of being elected, or of continuing a
Director in the faid Company, who is not a Stockholder there-
in, or who is a Director in any other Infurance Company.

Sect. 4. And be it further enaEled, That the feven Directors
who fhall be firfl: elected as aforefaid, and their fucceflbrs after-
wards annually, or the majority of them, fhall, as foon as may
be after every election, convene at the place of the meeting of A Prefldenttw
the faid Company, or as near thereto as may be, and fliall choofe ^'^ cho^n.
one of their number to be Prefident : And in any vacancy of
the Prefident or other Dire^or, a mxCeting of the Stockholders
fhall be called for the appointment of a DiretSlor, and by a like
election or elections as aforefaid, fuch vacancy flxall be fupplied
until the next enfuing annual ele<Stion.

Sect. 5. And he it further enaBed^ That the Stockholders
may be convened by the Prefident, or by a majority of the Di- ^ ,.^^ ,

re<Stors, whenever he or they fhall think fit ; and it fhall be the stockJiolders.
duty of the Prefident and of the other Directors to call a meeting
of the Stockholders whenever feven Stockholders other than
the Dire£tors fliall require it : Meetings of the Stockholders
may be notified by an advertifement in fome gazette printed at
Saleniy ten days at the leafl: previous thereto, or in fuch other
manner as the Stockholders fhall prefcribe : At every meeting
of the Stockholders they fhall choofe one or more Stockholders,
not exceeding three, to prelide therein, and whofe duty it fliall
be to collect the votes and record the tranfadtions of the meet-
ing : Elections and other queftions fliall be determined by a
majority of votes, reckoning one vote to five fhares : Provided^ RefirlAion ai
That no Stockholder fhall have more than ten votes : And co votes. _^^
providedy That in the election of Directors, Stockholders not
prefent may vote by proxy, under fuch regulations as the Di-
rectors fhall prefcribe.

Sect. 6. And be it further enabled, That the firft and oth-
er inftalments of the fliares aforefaid, in the faid capital ftock, S'tufftotlf'*
fhall be paid to the laid Prefident and Directors, or at fuch
place as they fhall prefcribe and notif)' : And it fhall be the
duty of the faid Prefident and Directors to jnveft, within fix

' months

j8S MARBLEH. INS. COMPANY. M^rJ:; 8, An. 1803.

months after payment of each inftalment, the whole amount
of their receipts for the capital ftock of the faid Company,
either in the funded debt of the United States^ or of this
Commonwealths or in the ftock of the bank of the United
States, or of fome incorporated bank within this Common-
wealth, at their difcretion.

Sect. 7. Jnd be it further enacted, That after the fum of
ffty thoufand dollars fhall be paid and received as aforefaid, up-
"When infur- qq the capital ftock of the faid Company, and not before, the
^;^^^^y^7J^Prerident and Direftors of tha faid Company ftiall have au-
is to be iai'ur- thority, in the behalf and for the account of the faid Compa-
ed ny, to engage and undertake marine infurances of every kindj

more efpecially infurances upon veffels, their lading and
freight, and againft the captivity, and upon the life of any
perfon during his abfence by fea, and upon bottoiyiry and ref-
pondentia bonds and contraifls : Prowled, That the laid Com-
pany or their Direftors, ihall not direftly or indireftly deal
or trade in buying or feUing any goods, wares, merchandize
or commodities whatfoever.

Sect. 8. And be it further enacted. That the Prefident and
Direiflors of faid Company fhall manage the ftock and propi
erty, and conduct the affairs, undertakings and concerns of
faid Company, conform.ably to the purpofes of their alTocia-i
tion, and the authorities and privileges hereby granted them :
The faid Prefident and Directors fhall hold ftated meetings,
once at the lejft in every month, and ftiall be convened by th©
Prefident or by any two Dire6tors whenever they fhall think fit:
And four of the Dire£lors fhall be a quorum for the tranfac-
tion of bufinefs ; all queftions before them fhall be decided
by a majority of the votes prefent j they fhall have power to
|!aard of Di- eftabhfh annually a r?afonable falary for th air Prefident, to
rcfaors to ap- appoint and employ a Secretary, a Clerk and fuch other
and ' eftabS ^g^nts and fervants as they fhall find neceflary, and to grant
yules. them reafonable falaries and compenfations ; they fhall have

authority to make and prefcribe reafonable by-laws and reg-
ulations for the government of their officers, agents and fer-
vants, and refpecting the meetings of the Stockholders and
pf the Directors, and the mode of eftablilhing proxies, and of
voting in fuch meetings refpedlively, and refpefting the tranl-
fer of fhares, the tranliiftion of the ordinary bufinefs of the
Company, and the difpofition and management of their eftate,
ftock and eiFefe : Provided, That fuch by-laws and regula-
tions fhall not be repugnant to the Conftitution and laws of
this Commonwealth.
?refi(knt and Sect. 9- And be it further enacted, Thzt t\\eVxQ?idenX. 2iX\di,
Committee of two Other Directors, to be appointed in rotation by the Prefi-
pircaors to ^gjjf £j^-,^ i^e .^ Committee to convene d«ily foy the tranfac-

MARBLEH. INS. COMPANY. M^r^^ 8, An. 1803. »^9

tion of bufinefs, and Qiall, during the pleafure of the Direft-
ors, have authority to make contrads of infurance : And all
poUcies of mc.rine infurance which (hall be fubfcribed by the
Prefident, or in any vacancy of that office, or in the cafe of
his ficknefs, difabihty or abfence, by any four Dire£lors, and
counterfigned by their Secretary or Clerk, (hall be valid and
effeaual againft the faid Company ; and every adjuftment or
fettlement which ihall be made by the Prefident and Direclors
of lofles and claims arifing under fuch poiicies, iiiall be con-
clufive againft the faid Company.

Sect. 10. And be it further enaBed, That in the event of f^^^j^^ '°f^'
any lofs or lofTes from the capital frock of faid Company, and capital.
equal to the amount which ftall be at the time aftualiy paid
and received as aforefaid, the Prefident and Directors of the
faid Company, who after notice of fuch lofs or loffes. {hall
undertake for the faid Company in any other policy of infur-
ance, fhall be liable jointly and feverally, in their own per-
fons and eftates, for the deficiency of the faid capital ftockto
difcharge the lofs or lofles, if any, which fliall arife thereon.

Sect. ii. And be it further enacted^ That the Prefident
and Directors of the faid Company, on the 1? it Iv!onday of Semi-amual
December next, and afterwards half yearly, on the laft Monday ^J^*^-"*^* ^"^ ^
of June and December in every year, Ihall and may divide, at ^^ '^
an equal rate to each Ihare in laid capital ftock, fo much of
the intereft and nett profits which ll-ail have accrued thereon,
other than monies and demands paid or payable upon rilks
outftandlng and undetermined, as to them (hall appear rea-
ionable ; and fuch dividends ihall be declared, and Ihall be
payable at the office of the Company : Providedy That no
dividend fhall be made after any diminution of the faid capi-
tal ftock, until the fame fhall have been from the faid accru-
ing profits or otherwife, re-eftablilhed at the original amount.

Sect. 12. And be it further ennSied, That once in every ^ trienm^l
three years at the leaft, and whenever a majority of the Stock- lUtement of
holders ihall require it, the Diredors for the time being fhall -^^^^ '" ^
lay before the Stockholders at their annual meeting, or at an
efpecial meeting to be called for the purpofe, a particular
ftatement of the affairs of the Company, and of their eftate
and effects, and of the remaining profits, if any, which fhall
have accrued on their capital ftock, with the lofies and div-
idends on hand, if any, chargeable againft the fame.

Sect. 13. Atid be it further enacled^ That the fhares and shares liable t*
property of every Stockholder in the faid capital fl:ock Avail be attachment
liable for his juft debts, and may be attached therefor, and
levied in execution at the fuit, or for the fatisfaition of his
creditor : And the officer making fuch attachment, or levying
fuch execution, fliall notify the fame to the Preiideut, or to

tivc

r9o HATFIELD BRIDGE. March 8, An. 1 803.

the Secretary, or Clerk of the faid Companyj and fliall leave
a copy of the procefs whereby the attachment or levy fhall
be made, at the office of the faid Company ; and no transfer
of fuch debtor's fhares or property in the faid capital ftock,
not before noted in the books of the faid Company, fliall be
valid or effe£lual againft fuch attachment or levy : And it
fhall be the duty of the faid Prefident, Secretary or Clerk to
caufe the officer making fuch attachment or levy to be fur-
niflied if he require it, with a certificate of the number of
fhares fuch debtor holds in the faid capital ftock, and of
the dividends, if any, due thereon ; and fuch fliares and prop-
SKares to be erty, when taken by virtue of an execution, or fo much there-
*^°' f al °'o'^'^ °^ ^^ ^^^^^ ^^ requilite to fatisfy the demands of the creditor
erty under ex- therein, and all fees, Ihall be expofed to fale as other perfonal
ecution. eftate \ and the purchafer who Ihall become entitled thereto

under fach execution, lliall fucceed to fuch debtor as his law-
ful affignee, and (hall have a certificate of fuch transfer ac-
cordingly from the Clerk of faid Company.

Sect. 14. And be it further enaBed^ That the Prefident and

Amount ^f •''-^'^^'^^^^ of the faid Company, previous to their fubfcribing

capital, &c. to any policy of infurance, and once in every year aftei-wards,

Vc publilhed. fliall publifli in fome newfpaper printed at Silem aforefaid,

the amount of their capital ftock, and upon what riiks, and to

what amount in any one ri£k, they propofe to infure.

Sfct. 1 5'. A/id be it further e/iacled. That the Prefident
fitatement of ^"^^ Directors of the faid Company, whenever it (hall be re-
afFairs to be quired by the Legiflature of this Commonwealth, fliall lay
laid before before them a true ftatement of the affairs of the faid Compa-
Leg ature. ^^^^ ^^^^ ^j^^l^ fubmit themfelves to an examination under oath
concerning the fame.

[This Aa paflTed March 8, 1803.]

An ACT for incorporating certain Perfons for the
Purpofe of building a Bridge over Connedicut River,,
in the Centre of the County of Hampjhire, hctweea
the Towns of Hadley and Hatfield, and for fupport-
ing the fame.

WHEREAS a Bridge over ConneBicut River, between
the towns of Hadley and Hatfield y in the county
rKamoic. ^£ }j[^i„jpj]jif,g^ would be of great public convenience : And
whereas Lemuel Dickitfon and others have prefented a petition
to this Court, praying for liberty to build the fame, and to be
incorporated for that purpofe :

Sect. i. Be it enaBed by the Senate and Houfe of Reprefenta-
itiveSf in General Court affcmhled^ and b^ the authority (f thi fame.

That

HATFIELD BRIDGE. March 8, An. i §03. 191

' That Lemuel Dich'uifotj, David Billings, Silas BillingSy Samuel
Partridge, Ifaac Maltby, Mofes Warner, Ifrael Parjons, Daniel ^^3'"^^^°/ J""
White, jun. Colton Partridge, Elijah Najh, Ebenezer White, John rated.
uiUis, Jofeph BiHingf, Perez Hajlings, Cotton White, William
Bodman, E/iJha Napj, Jacob Williams, Jojhua Warner, Guy C.
Warner, Aniafa Cleveland, Seth Kingjley, John Wait, Gt ofs Wil-
liams, Jofeph Willinms, Mofes NaJJj, John NaJh, Mark Warner,
Eljflja NaJJj, jun. Oliver Najlj, Zebina Montague, Ifaac Abercrom-
hie, John Billings, Medad Dickinfon, Ebenezer Blifs, Daniel Kel-
log, Elijah Dickinfon, Ebenezer Boltivood, Martin Kellog, Perez
Dickinfon, Solomon Boltwood, Encs Baker, Ralph Snow, Calvin
Alert ill, Samuel E. Dickinfon, Abia Southnvorth, Harris Hatch,
Freedom Chamberlain, jun. Eli Bates, John Gay, Jofeph HamiU
ion, Mattheiu Gray, Nehemiah Hinds, John Conkey, David Childs,
John Hoar, Nathan Felton, Benjamin Felton, Thomas Poivars,
Jonathan Danforth, Seth Hinkley, Lemuel Willis, Thomas Wheel-
er, jun. Nathaniel Fojler, James Conant, William Dean, William
Henry, John Brigham, Thomas Read, Jonas Howe, jun. Nathan-
iel H. White, Lemuel Abbot, Samuel Andrews, and George Slocum,
"with luch perlons as already have affociated, nr that may here-
after afibciate with them, be, and they are hereby made and
conftituted a Corporation and Body Politic by the name of
The Proprietors of the Hatfield Bridge ; and by that name may
fue and be fued to final judgment and execution, and do and
fufFer all matters, acls and things which Bodies Politic may or
ought to do and fuffer : And the faid Corporation fliall and
may have and ufe a common feal, and the fame may break and
alter at pleafure.

Sect. 2. And be it further e7iaBed by the authority aforefaid.
That any three of the perfons above named, may warn and FiVft mwtirg
call a meeting of the Proprietors aforefaid, to be holden at any ^''^ ^"'^^ "^^^
convenient time and place, by publifliing the fame three ^^^ chofen^and
weeks fucceffively, in the HampJlAre Gazette, publifhed in rules eftabliflt-
Northampton, the laft publication to be fourteen days before e^l'
the time of fuch meeting ; and the faid Proprietors, by a vote
of the majority of thofe prefent or reprefented at faid meeting,
allowing one vote to and for e.ich fingle fliare in' all cafes :
Provided however, that no one Proprietor {liall be allowed
more than twenty votes, flull choofe a Clerk, who fhall ba
fworn to the faithful difcharge of his office, and fhall alfa
agree on a method of calling future meetings ; and at the
fame, or feme fubfequent meeting or meetings, may elecl fuch
officers, and make and ellablilh fuch rules and by-laws as to
them fhall feem neceffiiry or convenient for the regulation
and government of the faid Corporation, for the carrying into
effect the purpofes aforefaid, and for collecting the toll herein-
after granted and eflablifhed^ and may annex penahies to the

breack

192 HATFIELD BRIDGE* Mard ^, AnA^o;^.

breach of any by-laws, not exceeding Jtve dollars : And all
reprerentatlons at faid meetings fhall be filed with the Clerk
of faid Corporation, and this A£t, and all rules, regulations
azid proceedings (hall be fairly and truly recorded by faid
Clerk in a book or books to be provided and kept for that
purpofe

Sect. 3. Be it further enaBedy That the faid Proprietors

be, and they are hereby authorized and empowered to ere£t

Where & how a Bridge over ConmEiicut River ^ between the towns of Hadlef

the Bridge is and Hatfield, in the county of HainpJJnre, about eighty rods

fouth of the raeeting-houfe in i7j/;?if/fl', abutting on lands of the

Hon. John Hi.JlingSy Efq. and to ftrike the eaftern bank of faid

river about eighty rods fouth of the dwelling-houfe of Charles

Phelps, Elq. in Hadley ; and faid Bridge fhall be well built

with fuitable materials, at leafi: twenty- eight feet wide, and

covered with planks, with fulncient rails on each fide, and

boarded up twelve inches high from the floor of faid Bridge^

for the fafety of pafTengers travelling thereon, and the fame

^ Ihall be kept in good repair at all times.

And for the purpofe of reimburfing the faid Proprietors the
money to be expended by them in building and fupporting
faid Bridge,

Sect. 4. Be it further enaBed by the authority aforefaid. That
a toll be and hereby is granted and eflablilhed for the fole ben-
efit of the faid Proprietors, according to the rates following,
viz. For each foot pafTenger, three cents ; for each horfe and
Toll cftablifh- rider, yt-vd-w cents ; for each horfe and chaife, chair or fulkey,
*^* fixteen cents ; for each coach, chariot or phaeton, or other four-*

wheel carriage for pafTengers, thirty-three cents, and for each
curricle, tnuenty-five cents ; for each fleigh drawn by one horfej
ten cents, and if drawn by more than one horfe, twelve and one
half cents ; for each cart, fled or other carriage of burthen
drawn by one beafl, ten cents, if drawn by two hez^ts, fixteen
cents, if drawn by more than two beafts, twenty cents ; for each
horfe without a rider, and for neat cattle, three cents ^-^^s. ; foi*
fheep and fwine, one cent each ; and one perfon and no more
fliall be allowed to each team as a driver, to pais free of toll j
and all perfcns who fhall have occalion to pafs faid Bridge to
perform military duty, fhall pafs free of toll ; and the toll
fhall corrinence on the day of the firft opening of faid Bridge,
and fhall continue for the term of feventy years ; and at the
place where the toll fhall be received, there fhall be eredled
and conflantly expofed a fign-board, with the rates of toll fair-
ly and legibly written or printed thereon, in large letters,
pcnfcs receipts Sect. 5. And he it further enaBed, That the faid Corpora-
»nd difburfe- tlon, at the time of opening laid Bridge, fhall caiife a true and
merits tobeex-jufl account of the expenfes thereof j and at the end of everf

N. GLOU. BAPTIST SOCIETY. March 8,An.i8o3. 193

three years thereafterwards, a jvift and truev account of the re-
ceipts and difburfements, to be returned into the ojSice of the
Secretary of this Commonwealth : And after fifty years from
the opening of faid Bridge, the General Court may regulate
the rates of toll receivable thereat.

Sect. 6. And be it further enacfed^ That if the faid Propri- Time for baild-
etors fliall neglea, for the fpace of ik yeai-s from the paffing |^"^sBridgelim-
this Aft, to build and eredl faid Bridge, then this A6t ihall be
void and of no effeft.

[This A£l pafled March 8, 1803.] '

An ACT to incorporate a Number of the Inhabitants
of the Town of New-Gloucejier, into a feparate Re-
ligious Society, by the Name of The Baptiji Society
in tiew-GlouceJler.

WHEREAS by an Acl pafled the twenty-third day of Preamble
June^ A. D. 1790, the perfons of the religious de-
nomination called Baptifts, in the towns of Nexv-Gloucejier 7iVL6.
Gray, were incorporated into one Society : And whereas from
the increafed numbers and ability of laid Society, it has become
necelTary that they Ihould be divided, and hereafter become
diflindl Societies :

Sect, i . Be it enaBed by the Senate and Houfe of Reprefenta^
tives, in General Court aj/emb/ed, and by the authority of the Jamet
That James Ailetiy "John Everton^ Richard Tobicy Richard Tobie^ ^ r rf.

jun. William Grocery Ifaac G'ofsy Bela Hammond, Eliphalet Haf- fonrincorpora-
kell, Gideon Hajkelly Robert Herring, Levi Harfey^ Robert Hun- ted.
nefordy David Lincoln, Robert Martin, 'John Martin, David Nel-
fon, Thomas Penney, Robert Penney, Jofiah Smith, James Stanch-
field, Jotiathan Somesy Samuel Tyler, Daniel IVarren, John War-
reuy Stephen Wafkburn, Thomas Wha>ff, Thom is Wharff,yj;xi.
Amos Woodman, Jofeph Woodman, John Woodman, and David
Woodmany with their families and eftates, together with fuch
others as may hereafter aflbciate with them, and their fucceH*
fors, be, and they are hereby incorporated into a diftinft reli-
gious Society, by the name of The BaptiJi Society in New-Glou"
eejler, with all the powers and privileges, rights and immunities
to which other religious Societies are entitled by the Conftitu-
tion and laws of this Commonwealth.

Sect. 2. A7id be it further enacled. That any perfon be-
longing to the faid town of New-Gloucejler, who may at any ^^^ *" ^^P*-
time hereafter fee caufe to leave the Society with which he or "•^'^ l*^""* ,-°'
ihe has been^ conneci:ed, and Ihall defire to join with another >oi"s flXdes £
teligious Society in the faid town, and fliall give in his or her New-Glowd:-

ter.

name
TOL. III. 2..:.A

194 BLUEHILL ACADEMY. M^rry^8, An.1803.

name to the Clerk of each of the faid religious Societies, that

he or fhe has united with, and actually become a member of

fuch other religious Society, twenty days at leaft, previous to the

annual meeting of each of the faid Societies, and (hall pay his

or her proportion of all monies afTefTed in the Society previous

thereto, fuch perlbn fhall thereafter, with his or her polls and

eftate, be confidered as a member of the Society with which

he or fhe has fo united.

Sect. 3. And he it further enacled., That ft much of the

_ - - aforefaid Aft pafled the twenty-fourth day of Juncy one thou-

Aa repealed, f^i^d feven hundred and ninety, as is inconliftent with the

intention of the prefent Act, and as far as concerns the town

of New-GlouceJ}ery be, and the fame is hereby repealed.

Sect. 4. And be it further enacted^ That Ipmc Parfons^ Efq.

_. - .or any other Juftice of the Peace in the county of Jumberlandy

Firlt meeting , •',, ,. ... .„ •' i-oi

to be called, he, and hereby is authorized to liiue a warrant, directed to

fome member of the faid Society, requiring him to notify and

warn the members of the faid Baptift Society in Nenv-Glou-

cejterj to meet at fuch convenient time and place as fliall be

exprefied in thefaid warrant, to choofe allfuch officers as parifti-

es are By law entitled to choofe in the month of March or

April annually.

[This Aa pafTed March 8, 1803.]

An ACT to incorporate an Academy in the Town
of Bluehill, by the Name of Bluehill Academy,

Pr«inble. *▼'«" "THERE AS the encouragement of literature in the rif-
\I^J ing generation has ever been confidered by the wife
and good as an objeft worthy of the moft ferious attention,
as the fafety and happinefs of a free people ultimately depend
upon the advantages ariiing from a pious, virtuous and liberal
education :

Whereas it appears that John Peters^ Efq. and feveral other
gentlemen, refiding chiefly in the town of Bluehill^ have fub-
fcribed to build and liapport an Academy for the term of ten
years from the time of incorporation :

Sect, i . Be it therefore enacied ky the Senate and Hoiife ofR.epre-'
fentatives., in General Court affemhled^and by the authority of the fame j
Academy to That there be, and hereby is eftablifhed in the town of
be eftablilhed. Bluehill, in the county of Hancccky an Academy by the name
of Bluehill Academy, for the purpofe of promoting true piety
and virtue, and for the education of youth in fuch liberal arts,
fciences and languages, as opportunity may permit, and the
Truftees hereinafter provided Ihall dire£l.

Sect. 2. Be it further enabled. That David Cobby John
Truflees. Peters y David Thurflony Jonathan Buck, and Thomas Cobb, Efqrs.

Rer.

BLUEHILL ACADEMY. March B, An, iSo^. 195

Rev. Jonathan Fijher^ Rev. William Ma forty Rev. Jonathan
PoiverSy MelTrs. Robert Parkery Theodore Stevens, Donald Rofsy
and John Petersy jun. be, and they hereby are nominated and
appointed Truftees of the faid Academy, and they are here-
by incorporated into a Body Politic, by the name oiThe Truf-
tees of Bluehill Acadeni'^y and they and their fucceffors fliall be
and continue a Body PoUtic and Corporate by the fame name
forever.

Sect. 3. And he it further enaBedy That the faid Truftees to have •

and their fucceflbrs fhall have one common feal, which they common feaS.

may make ufe of in any caufe or bufinefs that relates to the

faid office of Truftees of faid Academy ; and they Ihall have

power and authority to break, change and renew the faid feal

from time to time, as they ftiall fee fit ; and they may fue

and be fued, in all actions, real, perfonal and mixed, and profe-

cute and defend the fame unto final judgment and execution^

by the name of The Tnt/lees of Bluehill Academy.

Sect. 4. And be it further enacledy That the faid David
Cobb and others, the Truftees aforefaid, and their fucceflbrs,
be the true and fole Vifitors, Truftees and Governors of the
faid Academy, in perpetual fucceflion forever, to be contin-
ued in the manner hereafter fpecified, v;ith full power and
authority to ele6t fuch officers of faid Academy, a« they (hall — to eUA ef-
judge necefiary and convenient, and to make and ordain fuch ficersof thcA-
laws, orders and rules for the good government af faid Acad-" '^'^^'
amy, as to them, the faid Truftees and their fucceflbrs,
ihall from t'me to time feem fit and requiike : Provided not-
ivithflandingy That the faid rules, laws and orders be no way
contrary to the laws of this Commonwealth.

Sect. 5. And be it further enaEledy That the number of
Truftees aforefaid, and their fucceflbrs, fiiall not at any one NumW «f
time be more than thirteen, nor lefs than feven, five of Truftees.
whom ihall conftitute a quorum for tranfacling bufinefs ; and
a major part of the members prefent at any legal meeting,
Ihall decide all queftions that ftiall come before them.

And to perpetuate the fucceffion of the faid Truftees,

Sect. 6. Be it further enaBedy That as often as one or
more of the Truftees of the faid Bluehill Academy fliall die or Traftee* to fitt
refign, or in the judgment of the major part of the other vacancies.
Truftees, be rendered, by age or otherwife, incapable of
difcharging the duties of faid office, then and fo often, the
Truftees then furviving and remaining, Ihall eleft one or
more perfons to fupply the vacancy or vacancies.

Sect, 7. Be it further enacted y Tl>at the Truftees afore- may receive-

faid, and their fucceflbrs, be, and hereby are rendered capable and hold prop- -
in law to take and receive> by gift, grant, devife, bequeft or oth- ^^1*
erwife, any lauds, tenements, or other eftate, real and oerfon-

iciS NAMES ALTERED. March 8, An. 1 803.

al : Provide'iy Tnat the annual income of the faid real eftat©
fhall not exceed the fum of tiuo thonfand dollars^ and the an-
nual income of the perfonal eftate fliall not exceed the fum
of three thoiif<md dollars : To have and to hold the fame to the
faid Iruftees and their fucceflbrs, on fuch t;erms and under
fuch provifions and limitations as may be expreiTed in any
deed or inftrument of conveyance to ihem made : And all
deeds and inflruments which the faid Truftees may lawfully
make, Ihall, when made in the name of the faid Truftees, and
Hgned and delivered by the Treafurer, and fealed with the
common feal, bind the faid Truftees and their fucceflbrs, and
be valid in law.

Sect. 8. Ee it further enaEiedy That John Peters^ Efq. one
Firfl meeting of the Truftees aforenamed, be, and he hereby is authorized
ta be called, j^j^j empowered to appoint the time and place for holding
the firft meeting of faid Truftees, and notify them thereof.
[This Aa paiTed March 8, 1803.]

An ACT to change the Names of Thomas Paine^ Jo-
Jeph Pope, David Child, Ahijah Bond, Jofeph Jobnfony
Abijah Sava;^e jun. 'Jonathan Barney, Shubael Sowle^
and James Jewett,]Mn.

T)E it cnaEied by the Senate nnd Hotife of Beprefentatlves^ in
-*-' General Court afftmbled, and by the authority of the fatne^
That Thomas Paine, attorney at law, ftiall be allowed to take
the name of Robert Treat Paine ; that Jfeph Pete, merchant,,
fhall be allowed to take the name of jt-fiph Henry Pope ,- that
David Child:, merchant, fliall be allowed to take the name of
David Weld Child ,• that Mijo.h Bond, a minor, ihall be allowed
to take the name of Whliom A. Bond ,• that Jfeph 'Johnfony
merchant, fliall be allowed to take the name of Jofeph Joy
Johnfn ; that Ahijah S.7i;rt^f, jun. a minor, fhall be allowed to
take the name of Henry Savjge ^ all of Bo/lon, in the county
of Sujflk : That Jonathan Barney, of the town and county of
Naniuchct, mariner, fliall be allowed to take the nane of Jon-
athan Jenkins Barney : That Shulaei Sowle, of Broohfidd, in the
county of Wcrcejler, ftiall be allowed to take the name of S/^«-
hael Lyman ; and that Javtes Jiivcii, jun. of Po tlatid, in the
county of Cumbe- land, gentleman, fliall be allowe- to take the
name o£ James Charles J.iueit : And each cf the perfons be-
forenarned i! all, in future, be ref; e£lively known and called
by the names which they are feverally allowed to take as afore-,
faid ; and the fame fliall be coniidered as their only proper
names to all intents and purp fes,

[This AM pafiea March 8, 1 803.]

N. SALEM BAPTIST SOCIETY. March 8,An.i8o3. 197

An ACT to Incorporate a Number of Inhabitants in
the Town of New-Salem, into a feparate Religious
Society, by the Name of The Bapti/i Society in New-
Salcm.
„ T^E it enaEled hy the Senate and Houfe of Reprefenta-

-*-' tiveSi in General Court njpmbled, and by the author-
ity of the famey That Caleb Pearce, Jejfe Aldrich^ Nathaniel Fijk, Names of per-
Shadrich HaJhinSy George Hafkins^ William Walher^ James ShaWy fons incorpors-
William Berry^ Gregory Ellis y Henry HaJkinSy Shadrich Hoary '}un. ^^*"
Jofeph ChildSy Peter AtkinSy Chifman ShanVy Shadrich Hoar, jibe
fifky Samuel Uptony Simeon PearcCy Elihu Hoary David Hunty
Ebetiezer Vaughany Abiether Walkery John Eddyy Timothy Uptony
jun Luie Hajkinsy Amos Thomas y Amos Thomas y ]un. Peleg AU
drichy Jejfe PiercCy Thomas Vaughan, Ifaac Uptony John Laiulefsy
JoJhiia Ivyai't, Hab Lyncfey^ Barnabas SearSy and James Aflj eyy
together with their polls and eftates, be, and they hereby are
incorporated by the name of The Baptifl Society in Neiv-Salein-y
with all the privileges, powers and immunities which pariihes
in this Commonwealth by law enjoy.

Sect. 2. Be it further enncledy That any perfon in faid How to be-
town of Ntiu-Salem, who may at any time hereafter actually f^'"^^,^ niem-
become a member of, and unite in religious worfhip with faid J^^^^
Baptift Society, and give in his or her name to the Clerk of
the parifli to which he or flie did heretofore belong, with a
certificate figned by the Minifter or Clerk of faid Society, that
he or fhe hath actually become a member of, and united in
religious worlhip with faid Baptift Scciety, fourteen days pre-
vious to the parirti meeting therein to be held in the month
o£ March or April annually, lliail, from and after giving fuch
certificate, with his or her polls and eftate, be conlidered as a
member of faid Society : Provided h.iuevery That fuch perfon
Ihall be held to pay his or her proportion of all monies allefled
or voted in the parifh to which he or the belonged previous to
that time.

Sect. 3. Be it further enaBedy That when any member of How to leave
faid Society Ihall fee caufe to leave the lame, and unite in ^^^ Society,
religious worlhip with any other religious Society in the town
or parilh jn which he or (he may live, and Ihall give in his or
her name to the Clerk of the Baptiil Society aforefaid, figned
by the Minifler or Clerk of the parifh or other incorporate
Society with which he or Ihe may unite, that he or Ihe hath
ailually become a member of, and united in religious worlhip
with fuch other parilh or other incorporate religious Society,
fourteen days previous to their annual meeting in Manh or
April J and ihall pay his or her proportion of all monies voted

igS MAINE TURNPIKE. March 8, An.iSoj.

in faid Society to be raifed previous thereto, (hall, from and
after giving fuch certificate, with his or her polls and eftate,
be conlidered as a member of the Society to which he or flie
may fo unite.

Sect. 4. J^nd he it further enaSIedy That Karney Fearce^
rirft meetlne ^'^^' ^^> ^'^^ ^^ ^^ hereby authorized to iflue his warrant, di-
how to be call- reeled to fome fuitable member of faid Society, requiring him
«J. to warn the members of faid Society qualified to vote in parifti

affairs, to affemble at fome fuitable time and place in faid town
of New-Sale7n, to choofe fuch parifh oihcers as are by law re-
quired to be chofen in the months of March or jipril annual-
ly, and to tranfa£t all otiier matters and things necelTary to b«
done in faid Society.

[This Aa paffed March 8, 1803.]

Repealed as to

t&e extenfion All ACT to eftablife a Corporation by the Name of

t^"" A^JuSa '^'^^ ^^^i"' Turnpike AJfociatioiu

Bridge, March j^^ it cnaBed by the Senate and Houfe of Reprefettta"

ji, 180J. . 5ECT.- I. X> fiy^^^ i„ General Court ajemhled, and by the author-.

ity of the famey That Samuel Freeman^ Woodbury Storer^ Ifaac

Parker^ William Symmes, Daniel Tuckery Ifaac Hfey, Peter War--

^mfncor orL' '''"» ^^'^^"' ^^"'^^* ^^'^^'^'^ Pattetiy J. D. HopkinSy Jof Holt In-
^(j. " grahamy Matt. Cobby John Alujfey, San7uel F. Htiffeyy Thomas

Sandford, Thomas Webfer, Robert Boydy John Dcaney James Neal^
John Quinbyy Abner Bag/eyy John Aldeny and Robert Southgate^
together with fuch others as may hereafter aiTociate with
them, and their fuccelTors, fhall be a Corporation by the name
and flyle of The Maine Turnpike Affociation ; with all the pow-
ers and privileges ufually given and belonging to fimilar Cor>«
porations, for the purpofe of laying out, making and keeping in
Cotjrfe of the repair a turnpike road, fropi the line of the State of Neiv-Hamp-*
load. Jhire to Portland, and from thence to AuguJla BridgCy upon as

fVraight a line as circumflances will admit ; and eredling and
keeping in repair fuch bridge or bridges as may be neceiTary on
faid route ; which turnpike road fhall not be iefs than four
rods wide, and the part to be travelled on not Iefs than twenty-
four feet in width in any part thereof: And when faid road,
or any ten miles thereof, fhall be fiifhciently made, and fhall be
allowed and approved by a Committee appointed by each of
the Courts of General Seflions of the Peace for each of the
counties of Yorky CurnberUmdy Lincoln and KennebeCy for that
purpofe, {provided, that no member of either of faid Comnut-
tees fhall have any fhare or interefl in the faid turnpike, and
Ihall judge only of the portion of the faid turnpike in the coun-
ties ia which they refide,} then the faid Tiu-npike Corporation

iliall

MAINE TURNPIKE. March 8, An. 1 803. 1 99

ihall be authorized to ere^l turnpike gate or gates on the (aid
road, at fuch place or places as the faid Committee of the faid
Court of Seflions and the faid Corporation (hall judge neceffary
and convenient for colkaing the toll : Provhiedy That no turn-
pike gate be erefted on, or any toll demanded on any part of the ^eaeVio miS'
prefent travelled roads ; the faid gates to be not Jefs than ten diftant.
miles diftant from each other ; and fhall be entitled to receive
of each traveller or paffenger, at each of the faid gates* the
following rates of toll, viz. For each coach, phaeton, chariot, or
other four-wheel carriage, drawn by two horfes, t<wenty-Jive cents, ^^jj gj^^j^iij^.
and if drawn by more than two horfes, an additional fum of ^^
four cents for each horfe ; for every cart, or waggon, drawn
by two horfes or oxen, ten cents, and if drawn by more than
two horfes or oxen, an additional fum of three cents for each
horfe or ox ; for every curricle, ^^ff^? cents; for every chaife,
chair or other carriage, drawn by one horfe, tivehe cents ; for
every man and horfe,/'>? cents ; for every fled or fleigh, drawn
by two oxen or horfes, nine cents, and if drawn by more than
two oxen or horfes, an additional fum of tnuo cents for each
ox or horfe; for every fled or fleigh, drawn by one horfe,
tight cents ; for all horfes, mules, oxen, or neat cattle, led or
driven, befides thofe in teams or carriages, one cent each ; for
all flieep or fwine, at the rate of fix cents for one dozerf : Pre
vided, That faid Corporation may, if they fee caufe, commute
the rate of toll with any Corporation, perfon or perfons, by
taking of him or them a certain fum annually, to be mutually
agreed on in lieu of the toll aforefaid : And the faid Corpora-
tion, at each place where the toll fhall be coUefted, fhall ereit sign-board t*
in a confpicuous place, and conitantly keep expofed to open be creded.
view, a fign or board, with the rates of toll of all the tollable arti-
cles fairly and legibly written thereon in large or capital char-
adters.

Sect. 2. Be it further enabled. That faid Corporation may Corporation al^
purchafe and hold land over which they mav make faid road ; lowed to hold
and the Juilices of the Court of General Seffions of the Peace J^^^ neceff^rf
in the counties of York, Cumberland, Lincoln antl Kennebec^ as
with the confent of the faid Corporation, they fliail think
proper : And the faid Corporation {hall be liable to pay all
damages that may arife to any perfon by taking his land for fuch
road, where the fame cannot be obtained by voluntary agree-
ment, to be eftimated by a Committee appointed by the Court
of General Seflions of the Peace of the county wherein the
land lieth, faving to either party the right of trial by Jury,
according to the law which makes provifion for the recovery
of damages arifing from the laying out of highways.

Sect. 3. Be it further maEled, TJiat if faid Corporation, or
their toll-gatherers, or others in their employ, fliall unrealbn-

ably

2«o MAINE TURNPIKE. March B^Ati.jZo^s

ably delay or hinder any travelled or paflenger at either of faid
gates, or lliall demand or receive more toll than is by this A£l
Penalty for de- ^^'^^''^^^^* ^^^ Corporation (hall forfeit and pay a fum not
laying paffen- exceeding te/i dotla's nor lefs than two dollars^ to be recovered
gers or ex- before any Juftice of the Peace of the county where the offence
adling illegal £j^^j| y^^ committed, by any perfon injured, delayed or defrauded,
in a fpecial action of the cafe 5 the writ in which fhall be ferved
on the faid Corporation, by leaving a copy of the fame with
the Treafurer, or with fome individual member living in the
county where the a£lion may be brought, or by reading the
fame to the faid Treafurer, or individual member, at lealt feven
days before the trial ; and the Treafurer of the faid Corpora-
tion, or individual member, fhall be allowed to defend the fame
Corporation H- fuit in behalf of the faid Corporation : And the faid Corpora-
able for dama- tion fhall be liable to pay all damages which may happen to
ges occafioned ^^^ perfon from whom the toll is demandable, for any damage
ing out of re- which fhall arife from defeat of bridges or want of repairs in
pair. the faid way ; and fliall alio be liable to prefentment by the

Grand Jury, for not keeping the fame in repair.

Sect. 4. Be it further enacled^ That if any perfon fhall cut,
break down or otherwife injure or deflroy either of the faid turn-
pike gates, or fliall dig up or carry away any earth from the
faid road, or in any manner damage the fame, or fhall forcibly
pafs, or attempt to pafs the faid gates by force, without firft
P It f hi ^"'^•^'"o P'^'^ t^^^ legal toll at fuch gate, fuch perfon fhall forfeit
iurin<»thcroad. *'^'^ P-^J "^ ^''^ "^o^ exceeding ^^j>' dollars nor lefs than jive
dollars.^ to be recovered by the Treafurer of the faid Corporation
to their ufe, in an a£lion of trefpafs or on the cafe : And if any
perfon with his team, cattle or horfe, turn out cf the faid road
to pafs any of the turnpike gates, and again enter on the faid
road, with intent to evade the toll due by virtue of this A£l:,
^"'^^ ^°'" '™" fuch perfon fhall forfeit and pay three times fo much as the
WE toU. legal toll would have been, to be recovered by the Treafurer of

the faid Corporation, to the ufe of the fame, in an adlion of debt
or on the cafe : Provided., That nothing in this Acl fhall extend
to entitle the faid Corporation to demand and receive toll of any
perfon who fhall be paiUng with his horfe or carriage to or from
public worfhip, or with his horfe, team or cattle, to or from his
common labour on his farm, or to or from any grifl-mill, or on
the ordinary and common bulinefs of family concerns, or from
any perfon or perfons paffing on military duty.

Sect. 5 . Be it further ena£ied, That the fhares in the fame

Shares deemed turnpike road fhall be taken, deemed and conlidered to be per-

perfonal eilate, fonal eftate, to all intents and purpofes, and fhall and may be

techS^^ ^^ '^^' transferred ; and the mode of transferring the faid Ihares fhall

be by deed, acknov\'ledged before any Jullice of the Peace, and

recorded by the Clerk of the faid Corporation, in a book for

that

MAINE TURNPIKE. March 3, An. 1 803. aoi

that purpofe to be provided and kept : And when any (liare
{hall be attached on mefne procefsy or taken in execution, an
attefted copy of fuch writ of attachment or execution fhall, at
the time of the attachment or taking in execution, he left with
tlie Clerk of the faid Corporation, otherwife the attachment or
taking in execution Ihall be void ; and fuch {hares may be fold
on execution in the fame manner as is or may by law be pro-
vided for making file of perfonal property on execution ; and
the officer making the fale, or the judgment creditor, leaving a
copy of the execution, and the officer's return on the fame, with
the Clerk of faid Corporation, within fourteen days after fuch
fale, and paying for the recording of the lame, fhall be deemed
and confidered as a fufficient transfer of fuch fhare or (hares in
the faid turnpike road.

Sect. 6. Be it further etmcfed, That the firft meeting of the ,
faid Corporation fliall be held at fuch time and place as fhall be l^y^ ^^^^l^^,
agreed on by the major part of the Proprietors, for the purpofe ed.
of chooUng a Clerk, who (liall be fworn to the faithful difcharge
of the duties of his faid office, and fuch other officers as may
then and there be agreed on by the faid Corporation : And the
faid Corporation may at the fame time eftablirii fuch rules and
regulations as fliall be judged neceiTary for the well-ordering of
its affairs ; and alfo upon a method for calling future meetings :
Provided however ^ That fuch rules and regulations ihall in no
cafe be repugnant to the Conftltution and laws of this Com-
monwealth.

Sect. 7. Be it further enaSied^ That the faid Corporation
(hall, within fix months after the faid road is completed, lodge receipts andex-
in the Secretary's office an account of the expenfes thereof ; pen(es to be
and that the faid Corporation fhall annually exhibit to the exhibited.
Governor and Council a true account of the income or dividend
arifing from the faid toll, with their necefTary annual difburfe-
ments on the faid road ; and that the books of the Corporation
fhall at all times be fubje6l to the infpedlion of a Committee to
be appointed by the General Court, or to the infpedlion of the
Governor and Council when called for.

Sect. 8. Be it further etiaBed, That vphenever any Propri-
etor fhall neglecl or refufe to pay any tax or afTeffinent, duly
voted and agreed upon by the Corporation, to their Treafurer,
■within fixty days after the time fet for the payment thereof, the
Treafurer of the faid Corporation Is hereby authorized to fell at s}„re» of de»
public vendue the fliare or fhares of fuch dehnquent Proprietor, linquent Pro-
one or more, as fhall be fufficient to defray the faid taxes and prietors may b«
necelTary incidental charges, after having given public notice of ^"^^^j^ ^^ '
fuch fale in the newfpapers printed in the counties of Torky
Cumberland, Lincoln and Kennebeck ; and in cafe there fliail be

a»

Vol. III. 2....B

^-202 BROOKFIELD LIBRARY. June 6, An.i^o^,

no newfpaper printed in either county at' the time, then in the
newfpaper at fuch place as iliall be the nigheft to the laid turn-
pike road, the fum due on any fuch Ihare?, and the time and place
of £de, at lead thirty days previous to the lime of fale ; and liicli
fale Ihall be a fufEcient transfer of the fhare or fliares fo fold,
to the perfon purchafing the fame ; and on producing a certiii-
cate of fuch fale, from the Treafurer to the Clerk of the faid
Corporation, the name of fuch purchafer, with the number of
fliares fo fold, fhall be by the Clerk entered on the books of
the faid Corporation, and fuch perfon fliall be confidered to all
intents and purpofes the Proprietor thereof j and the overplus,
if any there be, Ihall be paid on demand, by the Treafurer,
to the perfon whofe Ihares were then fold.

Sect. 9. And be it further enacfedy That the General Court

The *^^"";^^ may diffolve the faid Corporation, wlienever it fliall appear to

fo?ve\he\:or'- their fatisfaclion, that the income arifmg from the £ud toll flvall

poratioii when have fullv compenfited the faid Corporation for all monies they

they are com- j^j^^y h^ve expended in purchafing, repairing and tal-dng care of

penfatcd, &c. ^^^ ^,^^^ ^.^^ j^ together with an intereft thereon at the rate of

tivelve per cent, by the year ; and thereupon the property of

the faid road fhall be vefted in this Commonwealth, and be at

their diipofal : Provided however, That if the faid Corporation

fliall negleft to complete the faid turnpike road for the fpace of

ten years from the paffing of this Act, the fame fliall be void

and of no efFecSt.

[This Aa paffcd March 8, 1803.]

An ACT to incorporate The Brookjield Firji Parijh Li-
brary Company,

q TiE it enaEled by the Senate and Hotifs of Reprefenta-

* ' -^ tives, in General Court ajfembled, and by the author^

Pcrfons ircor-'Xy ?/'^'^^/"^''» '^^^''^^ ^^^^ ^^^' ^Pj^*'^"^^ Ward, Dwight Fojlefy
porated. and Jakz Uphar,i, Efqrs. and their afTociates, all of Brookfieldy

in the county of JVorafrer, Proprietors of a Social Library in
the firil parhh in faid town, be, and they are hereby incorpo-
rated into a Body Politic by the name of The Brookfield FlrJl
Parijh Library Company ; and that they and their fucceflbrs
Ihall be and continue a Body Politic and Corporate ; and may
have and ufe a common feal, which they may at pleafiire
break, alter and renew j and may appear in any Courts, and
profecute and defend in any actions or fuits at law, by the
fame name forever.
Donations al- Sect. 2. Be it further enaHed, That all the monies, books
lowed and con- or Other pi'Operty or things already given, or which ihall be
Srmcd. hereafter given, granted, devifed, bequeathed, transferred or

ailigned to the Proprietors of faid Library, fhall be, and the

fame

SCITUATE CONG. FUND. June lo, An.1803. 203

fame are hereby confirmed to the faid Corporation, and to
their fuccefibrs forever : Provided^ That the faid Company
fhall hold no property, real or perfonal, by virtue of this Acft,
which fhall at any one time exceed in value the fum oijive
thoujnnd dollars.

Sect. 3. And he it further enaBedy That the faid Corpo-
ration fhall have power to elect and appoint fuch officers as corporation t»
^they may judge necelfary ; to fix the tenures^ and prefcribe make rules, c-
the duties and powers of the refpedtive offices ; to raife fuch ^^^ ofiicers,
monies by afTefTments on the feveral fhares in iaid Library, as '^'
the faid Corporation may judge necelTary for preferving and
increafing the fame ; and for the management of the affairs
of faid Corporation, to make by-laws for the due regulation
of its concerns, not repugnant to the Conftitutlon and laws of
this Commonwealth j and to annex and recover penalties for
any breach of faid by-laws, not exceeding three dollars for any
one breach thereof.

Sect. 4. And be it further ena&edy That Diuight Fo/Ier,
Efq. be, and hereby is authorized to fix the time and place pirft me«tiii»
for holding the firfl meeting of faid Corporation, and to noti-
fy the members thereof.

[This Ac^ paired fu/ie 6, 1803.]

An ACT to authorize tlie North Parifh in Scitiiatey
in the County of Plymouih, to fell certain Lands
given for the ufe of the Miniftry in faid Parifh, and
to incorporate certain Perfons as Truftees to man-
age the Funds that may be raifed by fliid Sale for
the permanent Support of the Gofpel Minillry in
faid Parifli.

Sect.

'TiE it enaEled hy the Senate and Houfe of Reprefcnta-^
■^ tivesy in General Court afjcmhledy and by the author-
ity cf the /time, That the inhabitants of the faid north parifh inhaliitants ar*
in Scituate be, and they hereby are authorized and empowered thorized tofeU^
by their agents chofen for that purpofe, to fell and pafs deeds certain landsto
to convey all the lands and buildings flanding thereon, which "* ^ ^ ^

were originally laid out or granted by the Proprietors of Co-
tiihajjet, alias Cohajpt, to the Church and Society in the north-
ernmoll: part of laid Scituate^ for the ufe of the Miniflry : And
that Hayward Fierce^ fames Little, Auguflus Clapp, Calvin Pierce^
and Seth //lerritt, all of faid Scituate, be, and they are here-
by appointed and incorporated Truftees for the due manage-
ment of the fund that fhall arife from faid fale, to receive and
hold the fame in truft for the ufe and benefit of faid parifh,
and the permanent fupport of a Gofpel Minifler therein, and

fliall

204 SCITUATE CONG. FUND. June lo, An.ino^,

fhall conftitute a Body Politic and Corporate, to have perpet-
ual fucceffion, confifting of perfons belonging to faid pari{h»
for the due and faithful management of faid truft, and fliall
be vefted with all powers incident to Corporations neceffary
or requifite for that purpofe.
. Sect. 2. Be it further enaEJed^ That the Truftees before-

„™j;"*donl^ mentioned, and their fucceffors in office, be, and hereby are
tions, vefted with fufficient power to receive any donations of mon-

ey or other property that may be made to faid pariih : Pro-
vited, the whole annual income of faid fund (hall not exceed
me thaifand dotlarsy and place the fam.e at intereft on good fe-
curity at their difcretion, and apply the whole or fo much as
may be neceffary, of the intereft arifing therefrom, to pay
the falary of fuch Minifter as aforefaid, as the majority of the
Church and Congregation in faid parifli have or may fettle ;
but not in any cafe to leffen or make ufe of any part of the
Cafe of income principal', and in cafe the whole of the annual income and
&fuffi-ieli' intereft Ihould be more than fufficient to pay the falary of
to. p ly ' the the minifter for the time being, agreeably to the contraft
tniuifter's fala- ^^i^\^ hj^n, then the furplus fliall be added to the prmcipal,
^' until the intereft and income fliall amount to one thoufand doU

lavs yearlv ; unlefs faid pariih, at a legal meeting called for
that purpofe, fhall otherwife appropriate faid furplus for the
payment of other parifti charges, which they are hereby au-
thorized to do : And if it fiiall fo happen that faid Truftees
fhall become feized of lands or tenements, by levying exe-
cutions for the difcharge of debts due to faid Truftees or parifli,
or as fecurity for the payment of debts due to faid Corporation ;
and the fee thereof Ihall, in due courfe of law, be veiled in
them, it ftiall be lawful for the faid Truftees for the time
being, to make and execute good and well authenticated deeds
of the fame ; provided the hit thereof be concluded on at any
■ legal meeting of faid i[>ariih.

Sect. 3. Be it further emBedy That faid Truftees fhall
^T"' ''^the make annual return in writing, of their proceedings and dif.
Truiiees' burfements, and lay the lame before faid parifti at their annual

meeting in March or April, for their infpeaion.
Cafe of vacan- Sect. 4. Be it further enaBedy That when any vacancy
cy among the j^appens among the faid Trufttes or their fucceftbrs, either by
Truikes. ^^^^^^^ reftgnation or removal, the faid north pariih, at any

meeting legally warned for that purpofe, ihall till up faid va-
cancy within three months after it Ihall happen, and if the
faid parifti regleft fo to do within that time, then the h\6.
Truftees, by a major vote, fliall have power to fill up fuch
vacancy.

[This A61 pafled Ju}ie 10, 1803.]

MIDDLEBO. CONG. FUND. 7««^ 15, An.1803. 805

An ACT to incorporate certain Perfons as Truftees
of a Fund for the Support of a Congregational
Teacher of Piety, Rehgion and Morality, in the
Firft PrecincT: in Middleborough, in the County of •

Plyfnoidh.

WHEREAS the inhabitants of the Firft Precincl in
Middleborough, having fignlfied to this Court that they I'reambic
arepofiefied of about tiventy-ftx hundred and fift) dollar s,v:hich.
they wifh to have appropriated for the purpofe of fupporting
a Congregational Teacher of piety, religion and morality, and
for other parochial purpofes, and to have Truftees incorporat-
ed for the purpofe of managing faid Fund :

Sect. i. Be^ifenaSfed by the Senate and Hcufe of Reprefenta^
t'tvesy in General Court njfcmhledy and by the authority of the fame^
That Ifaac Thompfon, Nathaniel Wilder, Ebenezer Cox, JFilham rruftees.
Thotnfon, and Noah CufJman be, and hereby are appointed
Truftees to manage fuch funds as are or ihall be raifed and
appropriated to the ufes aforefaid ; and for that purpofe they
and their fuccelTors are hereby incorporated into a Body
Corporate forever, by the name of The T uflces of the Funds for
the Support of a Congregational Teacher of Piety, Religion and
Morality in the Firjl Precit.a in Middlehorough, and by that
name ihall be, and hereby are made capable in law, to
fue and be fued, plead and be impleaded, defend and
be defended, in any courts of record or any other place
whatever ^ and alfo to make, have and ufe a common feal, and
the fame again at pleafure to break, alter and renev?.

Sect. 2. Be it fu,ther enabled. That fVid Truftees be, and
hereby are vefted with full power to receive into their hands ^^^ "n,c° S'
all monies and fecurities for monies already raifed, and all fecuricies, do-
monies, fubfcriptions, donations and fecurities for real and nations, &c,
perfonal eftates that may hereafter be given, raifed or fub-
fcribed for the purpofe aforefaid ; and may fell and convey
by good and well authenticated deeds, any lands and tene-
ments whereof the fee may veil in them by vii-tue of mort-
gage or execution.

Sect. 3. Be it further enacled, That the aforefaid fund
fhall be put to ufe or intereft, or vefted in any of the pub- Fund to be put
lie ftocks, funds or banks in this Commonwealth, until it ^' '"""^^
Ihall accumulate, by intereft or inco;Tie thereon, together v.'ith
fuch donations as hereafter may be made, to the fum o fix
thufand dollars, and then the intereft or income arifing from
faid fund may be appropriated and appl'ed to pay the falary Cafe of them
of a public teacher before defcribed : Provided h-.'uJfver, That ^"o'g thai/''^ -
Ihouid faid Trufte( s be poifeiJed of a capital, the annual in- f^cient to p /
eome whereof Ihall be more than fufficient to difcharge the thefibryo. .;.«

falary nuuiftir.

izoS LENOX ACADEMY. 7^«. 1 5, An. r8<.3.

falary afarefciid, the furplus may be applied to the payment of
neceflary precinft charges, or 'for the fupport of fchools, as
faid precina from time to time ihall direa-, or the fame may
be appropriated to augment faid fund within the limitation
hereafter exprelTed.

Sect. 4. Be it further enaElcdy That faid Truftees are here-
holdcSte ^^l^y^^'^e capable of holding as aforefud real and perfonal ef-
tate, the annual mcome of which ihall not exceed ftx hundred
dollars ; and no part of the capital of faid fund Ihall ever be ex-
pended.

Sect. 5. Be it further enacled. That the faid Truftees and
their fuccelTors Avail hold their offices until others fliall be
^maybe cho- chofen in their ftead, and they have declared their acceptance
n .innuaiiy. ^^ ^^^^ ^lerk of faid precinct j and faid precinft may (if they
fee caufe) choofe fuch number of Truftees a^'they fliall judge
neceffary, annually, in the months oi AJarch or Aprils and may
alfo, at any legal meeting of faid precind, duly warned for
the purpofe, choofe a Truilee or Truftees to fupply any va-
cancies that may happen.

Sect. 6. Be it further enaaed. That the faid Truftees
Ihall each year in the month of March or April at the
^n annual annual meeting of faid precinft, exhibit a fair^ ftatement
be'elSed''*^^ ^^^^'' proceedings, and of the ftate of their funds un-
der tlieir management, and are hereby feverally made amena-
ble to faid precinc% and liable in law to anfwer to faid pre-
cincl out of their own eftates, for any embezzlement, neglect
or wilful mifmanagement of faid fund.

Sect. 7. ^e it further enaEledy That the Truftees for the
l^^Trl ''•^^"^^ ^^"^g "^^y ^^"^^ ^ Prefideut, Clerk and Treafurer, the
T?eafurer S^^^''^ ^"'^ Treafurer to be under oath faithfully to perform
&c. ' * tl^eii" du^y > ^"d the Treafurer Ihall receive into his hands thfr
notes and monies from faid Truftees, and under their direc-
tions f]^all put the fame to ufe or intereft, or veft them in
funds, ftocks or banks as aforelaid, always taking good and
fufEcient fecurities for the fame ; and fliail himfelf give bonds
to faid Truftees, Avith fureties to their fatisfatftion, for the
faithful performance of his duty.

[This Act pafled Jw.ic 15, 1803.]

An ACT to amend an Acl, entitled, " An AcT to ef-
feb. aa,iSo3, tablilli an Acaden)y ac Lenox^ in the County of

Berkjhire.'^*

•nE it enatled by the Soiate and Hcufe of Reprefentatives^ ift

Name altered. -^^ General Court affeuiblcdy and by the authority of the fame y

That from and after the pafTmg of this Aft, the Berkfoire

Academy eftabliflied at Lenoxy in the county of Berkfljirey liiall

BACK RIVER BRIDGE, &c. 'June 15, An.1803. 207

be called and known by the name of Lenox Academy -, and the
Tmftees thereof, by the name of The Trujlees of Len:x Academfy
fhall be and continue a Corporation, vel~ted with all ti^ pow-
ers, capacities and rights, and fubject to all the duties, hereto-
fore belonging to The Trujiees of B.rhJIm'e Academy.
[This Aft palfed June 15, 1 803.]

An ACT to incorporate Mark Langdcn Hill, and oth-
ers, for the Purpofe of building a Bridge acrois
Back River.

WHEREAS application has been made to this Court for
permiffion to build a Bridge over Back River, in the
town of Giorgetoivtii in the county of L'lticohi ; and it appear-
ing that a Bridge in faid place will be of public utility :

Be it enacted by the Senate and Houfe of Reprefentatives, in
General Court ajfewbled, and by the authority of the fame. That
Mark Langdon Hill and Denny M^Ccbb, Efqrs. together with
their afibciates, and thofe who fhall hereafter alEociate with
them, with their heirs and affigns, be, and hereby are confti-
tuted a Corporation and Body Politic by the name of The Pro^
prietors of the Back River Briilge., for the purpofe of erecting a
Bridge over faid Back River, Tit or near a place called Hell-Gate :
Provided, That within the term of icven years from the paff-
ing this Acl, the faid Bridge {liall be built, kept open, free,
and made convenient and fafe for the accommodation of trav-
ellers ; and that the (aid Bridge be fo conftrucled, as that a
gondola loaded with hay may conveniently pafs under the
fame.

[This Aft pafied June 15, 1803.]

An ACT to incorporate the Plantation called Vaughati'
town, in the County q{ Kainebeck, into a Town by
the Name of Hartnonj,

c ryE it enaEied by the Senate and Hoife cf Eeptefenta». ,

■^-^ fives, in General Court affemhled, and by the author^
it\ of the fawe, That the plantation called Vaughantoiun, in the
count V of Keyinebecki bounded as follows : Beginninij at a ce-
dar tree marked S. W. 1790, (landing on the ncrth-wefterly poundaries of
banks of Moofe or Pickerell Pond, the fame pond being on the the town of
weft branch of Sebnfacook River ; thence running weft three Harmony,
miles and fifty-fix rods, to a fpruce tree marked, being the
fouth-weft corner of townfhip No. 2, in the fecond range
north of the Plymouth Claim ,- thence north fix miles, to a

beach

can firll meet'
ing.

zoS LYMAN. June 16, An A$ 6^*

beach tree marked, ftariding in the fouth line of the one mil-
lion acres fold to IVilliam B'nigham, Efq. ; thence eaft fix miles
on the fouth Une, to a beach tree marked, and a large heap of
ftones, bfiing the fouth-eaft corner of faid million acres ;
thence fouth fix miles, to a large fpruce tree marked ; thenctf
weft about one hundred rods to the aforefaid Moofe or Picker-
ell Pond ; thence by faid pond, on the northerly fide thereof,
to the firft-mentioned bounds ; containing twenty-three thou-
fand and forty acres, as by the furvey and plan of the fame,
made by Simuel iVeJlon^ Efq. in the year 1790 ; with the in-
habitants thereon, be, and they hereby are incorporated into
a town by the name of Hirmony ; and the faid town is hereby
veiled with all the powers, privileges and immunities which
other towns in this Commonwealth do or may by law enjoy,
E. Weftoncm- Sect. 2. Be it fwther enaBed^Thzt Eli Wejhfi, Efq. be,
pow.red to and he hereby is empowered to ifiue his warrant, directed to
fome fuitable perfon within faid town, requiring him to warn
a meeting of the inhabitants thereof, at fuch time and place
as Ihall be exprefled in faid warrant, for the purpofe of choof-
ing fuch town-oSicers as other towns are empowered to choofe
in the months of March or April annually.

[This ACt paffed June 15, 1803.]

An AC r to afcertain and eftablifli the Bounds of the
Town of Lyman, late Coxhall, in the County of

ICork.

WHEREAS by an Aft pafled April 2^y 1780, incorpo-
rating the plantation of i^oxhally in the county of To k,
into a town by that name, the bounds therein mentioned are
vague and uncertain : For remedy whereof.

Be it enaEled ^v ih^ Senate and Houfe of Rep>'efentativeSi in
General Cou^-t njfernhledy and by the authority of the fame^ That
the town of Lyra • /, formerly Coxhall^ fliall hereafter be bound-
ed asfoilows,any thing in the Aft aforefaid to the contrary not-
withftanding, viz. Beginning on the wefterly fide of Mo fm
Boundaries ef- ill^er., at a pitc 1 pine ftump,on t e edge of the bank of the faid
tabliflied. j-iver, and on the head line of the town of We'ls ; from thence
to run north-eaft on the he.id line of faid JFel's and Arundel
fix miles, to the weil line of the town of PhiUip/bu-gh ; thence
to run north about twenty-four degrees and one half wel,
joinin'^ on faid PhiVipJhurgh^ fix miles, and one hundred and
twenty rods to a ftake; thence from faid ftake to run on a fouth-
wefl: coarfe, which is parallel to the head line of WeUs and
Arundel fix miles, or until it comes to the eafterly fide line
of the diftrift of Alfred ; from thence fouth about twenty-one
degrees eaft, ioinlng on faid Alfred line, to the pine Hump,
by faid Moufom River firft-mentioned.

[This Aft pafied June 16, 1803.]

Preamble.

N. GLOUCESTER SCHOOLS. June 1 6, An. 1 803. 209

An ACT authorizing the Sale of the School Lands
in the Town of Nezv-Gloucejier, to raife a Fund for
the Support of Schools in faid Town, and for ap-
pointing Truftees for thofe Purpofes.
q TiE it enaBed by the Senate and Houfe of Reprefenta- ,

ttveSf in General Court njfembled, and by the author"
ity of the fame,Thir. Nathaniel C. Alleny and Peleg Chandler, jun. Tnifleet.
Efqrs. Col. A'lofes Merrill, and Meffrs. John Woodman, David
Nelfon, Nathaniel Jenks, and Thomas Johnfon, be, and hereby
are appointed Fl-uftees to fell the fchool lands in the faid town
of Neiv-Gloucejler, and to put out at intereft the monies arif-
ing from fuch fale in manner hereinafter mentioned : And
for that purpofe,

Sect. 2. Be it further enaBed, That the faid Truftees be,
and they hereby are incorporated into a Body Politic, by the ^ "icorporat*
name of The Ti ujlees of Nciv-Gloucefler Schools in the County of
Cumberland ; and they and their fuccelTors fliall be and con-
tinue a Body PoHtic and Corporate by that name forever :
And they (hall have a common feal, fubjedt to alteration at
their pleafure ; and they may fue and be fued in all actions,
real, peifonal or mixed, and profecute and defend the fame to
final judgment and execution by the name aforefaid.

Sect. 3. Be it further enaBed, That the faid Truftees and ^^ elefta

their fuccefTors, (hall and may annually eledl a President and Prefident,
Clerk to record the doings and tranfadtions of the Truftees at Trcafurer, &c.
their meetings, and a Treafurer to receive and apply the mon-
ies hereinafter mentioned, as hereinafter directed, and any
Other needful officers for the better managing their bufinefs.
Sect. 4. ^ it further enaBed, That the number of Truf-
tees ftiall not at any one time be more than feven, nor lefs jjumber of
than five ; any five of their number to conftitute a quorum Truftees limit-
for tranfadling bufinefs ; and they fhall and may from time eA
to time fill up vacancies in their number, which may hap-
pen by death, refignation or otherwife, fx-om the inhabitants
of faid town ; and fliall have power to remove any of their
number who may become unfit and incapable, from age, in-
firmity, mifcondufl or any other caufe, of difcharging their
duty, and fupply vacancies fo made, by a new choice from
the town aforefaid : And the faid Truftees ihall annually hold
a meeting in March or April, and as much oftener as may be
found neceifary to tranfadl their necelTary bufinefs ; which
meetings, after the firft, fhall be called in fuch way and man-
ner as the Truftees ihall hereafter direft.

Sect. 5. Be it further enaBed, That Ifa c Parfons, Efq. be, I. Parfons to
and he hereby is authorized to fix the time and place for ^^^^ ^^^ '^*"'

holding '"^'

v<».. m. 2....C

2IO N. GLOUCESTER SCHOOLS. Jum i6, An.1803.

holding the firft meeting of the Truftees, and to notify each
Truftee thereof.

Sect. 6. Bs ii further enaBed^ That faid Truftees be, and
they hereby are authorized to fell and convey in fee fimple,
Truftees au- ^ t^g fchool lands belonging to the faid town, and to make,
tWized to fell g^g^^y^-g ^^d acknowledge a good and fufficient deed or deeds
thereof, which deed or deeds, fubfcribed by the name of their
Treafurer, by direction of faid Truftees, with their feal there-
to affixed, ftiall be good and effechial in law to pafs and con-
vey the fee ftmple from faid town to the purchafer, to all
intents and purpofes whatever.

Sect. 7. Be it further enaSled^ That the monies arifing
Monies arlfins. ^om the fale of faid lands, together with all donations or
from the fak^s grants that may hereafter be made to faid Corporation for
to be put at in- ^^ ^fg of fchools in faid town, ftiall be put to ufe as foon
*^''^^* as may be, and fecured by mortgage of real eftate to the full

value of the eftate fold, or money loaned, or by two or
more fufficient fureties, with the principal, unlefs the Truf-
tees ftiall think it beft to inveft the fame in public funded
fecurities or bank ftock, which they may do.

Sect. 8. Be it further enacted^ That the intereft arifing
A -o nation f^°"^ '^^^^ ^""^ ^^^'^^^ ^® annually appropriated for the ufe of
ot mtcS '°" public fchools in faid town ; and it ftiall never be in the pow-
er of faid town to alter or aftenate the appropriation of the
fund aforefaid.

Sect. 9. Be it further enncled^ That the Treafurer of the

Truftees fhaU give bond faithfully to perform his duty, and

'^'"b'ond '" ^o ^^ ^ ^^^ ^"^^^ relponlible for the faithful application and

give on . appropriation of the monies which may come into his hands

conformably to the true intent and meaning of this Aft, and

for all negligence or mifconduct of any kind in his office.

Sect. 10. Be it further etiaBed, That the Truftees or their

officers for the fervices they may perform, ftiall be entitled to

Compenfation no compenfation out of any monies arifing from the fund

of Truftees. ^jforefaid, but a reafonable compenfation ftiall be paid them

by the town aforelald.

Sect, i 1. Be it further emBedy That the faid Truftees and
their fuccelTors ftiall exhibit to the town at their annual meet-
Annual ftate- ing in March or Aprily a regular and fair ftatement of their

•"^"'^ doings.

Sect. 12. Be it further enaBed, That the faid Truftees and
each of them, ftiaU be refponfible to the town for their per-
Truftces re- ^^^.^^ necrligence or mifcondua, whether they be officers or
nScondud ^°' not, and^iiable to a fuit for any lofs or damage arifing there-
by, the debt or damage recovered in luch iuit, to be for the

ufe aforelaid.

[This Aa pafled June 16, 1B03.]

SALEM TURNPIKE. >;7^ 18, An.1803. 211

An ACT in addition to an Acl, entitled, " An Ad
for incorporating certain Perfons for the Purpofe
of laying out and making a Turnpike Road from ^^^^^ 6,iSo».
Salem to Cbarks River Bridge, for building the
fieceiFary Bridges in faid Road, and for fupporting
the fame.'*

Q TyE it moBtd hj iht Rotate and Hcufe of Rxfrefatta-

■^ trveSy in Gmcral Csuri oJJhnhJc^i and hj the author-

Tif vf lie famey T\\'cit the power which is civen to ihe Juftices „„^^ .^ ,

J J —-^ _., ., •— , -»-'., f^. f. rawer !• an-

of the Sapreme Judicial Conn to authorize the erection ot ,horize gate*

gates <wa laid road> be, and herebf is given to three Commir- transftn-cd t*
ioners, frhom His Esceliency the Governor of This Common- CoainiiiS.n':xs.
wealth, Tsrith advice of Coroacil, is hereby requelled to ap~
point for the purpofe of anthorizing the eres^on of faid gates
on the fame coiiditions, and in the fame manner as are par-
ticularly mentioned and defcribed in the third and fourth
felons of an A>Sl, entitled. An A£t for incorporating certain
perfoas for the purpofe of laying out and making a turnpike
roa 1 from Sa^em to Charles River Bndgf^ for building the ne-
cefiai-y bridges on faid road, and for fupporting the fame.

Sect. 2. Be it further enacied hv the auilxnjty oforefjidyThzt
the claufes in the third and fourth fections of the A^, to Chufcs of for-
which this is an addition, vfhich veils the power to authorize "^'^j J^^ ^^'
the ereftion of faid turnpike grites in the Juftices of the Su-
preme Judicial Court, be, and they hereby are repealed.
(This Aa pafled June 18, 1803.]

An ACT in addition to an Acl, entitled, " An Ad
to empower the town of Bojion to choofe a Board
of Health, and for removing and preventing Nui-
fances/'

o T>E if ennBed by fhe Senate and Houfe of Reprefenia^

^^ tiveSy in General Court ajjemhledy and hy the author-
ity of the faine^ That whenever any prifoner confined in the ^^^^ . ..
gaol in Boflon^ ihali be attacked -with any contagious malignant ers in Bofton-
fever, and in the opinion of any two reputable phylicians, en- gaol havmg a
dangers the health of other prifoners in faid gaol, or of the '^o^t^g*""* f<i-
inhabitants of the neighbourhood, it {liall be the duty of the
ilieriif or gaoler of the county to make known the iituation
of fuch prifoner to the Board of Health for the town of Bof-
ioTty who Ihali thereupon, if tbey fee lit, affign an apartment
for the reception and accommodation of fuch fick perfon, up-
©n Rainsfard's IfarJ ,• and the laid iheriff is hereby empow-
ered

sia BOSTON BOARD OF HEALTH. >«^ 18, An. 1803.

ered to remove fucii prifoner, and to caufe fuch apartment to
be effectually fecured, fo that fuch. priloner may not efcape
from his cuftody, or to appoint fome perfon to guard him in
his confinement ; and the apartment in which faid prifoner
fhall be during th''s removal and confinement at Rainsford's
Ifland, {hall be confidered as the common gaol of the county ;
and the whole expenfe of fuch removal and lafe keeping, and
alfo the expenfe of fuch phyfician as may attend him, and all
other neceffary expenfes which may occur in confequence
thereof, fhall be paid by fuch prifoner if able, otherwife in
like manner as fuch expenfes have heretofore been ufually
Provlfoin cafe paid ". Provided howevery That if fuch prifoner be confined for
of 4 debtor, debt, it (hall be neceffary to obtain the confent of his creditor
and alfo his own confent to fuch removal : And if fuch prif-
oner has the liberty of the gaol yard in Bojlon, then the confent
to fuch removal fhall be firft had in writing of the fureties of
fuch prifoner : And any z£t of a prifoner for debt, removed as
aforefaid, which would have been an efcape, had he remained
in the gaol in Boflon, iLall be an efcape, and may be afl^gned
as a bre.ich of the condition of the bond given for the liberty
of the yard.

Sect. 2. And he it further enacted hy the authority aforefaid.

That whenever any contagious ficknefs Ihall prevail in any

part of the town of Bcfimy and in the opinion of any three

refpeclable phyficians, the health of the inhabitants in the vi-.

The Board to cinity may be endangered by the prevalence of fuch conta-

give notice of -^^ ficknefs, it fhall be the duty of the Board of Health to

tnc cxiitcncG 01 •• ... .-•

contagious Cck- g^^^ notice to the inhabitants in the vicmity, that fuch con-

nefs. tagious ficknefs is prevalent ; and the faid Board of Health is

hereby empowered to caufe all the avenues to fuch infedled

places to be fhut up, and guards placed fo as to prevent all

unneceffary communication with fuch infected places.

Sect. 3. And be it further enaBed by the authority aforefaid.
Penalty for any "^^"^^ whenever quarantine is impofed on any velTel coming
owner or maf- from abroad, and the owner, confignee, mafter or other per-
ter of a vcffel fou interefiied in fuch veffel or her cargo, ihall be interrogated
Tftlfe dedara- ^^ ^"5" member of the Board of Health in his ofiicial capaci-
tion. ' ty or by the vifiting Phyfician of faid Board, refpedting any

circumftance or event, touching the health of the crew or
paffengers on fuch veffel, or any infection fufpe£ted in the
cargo, from the time of her firft engaging upon the voyage
file may then be terminating, and the faid owner, confignee,
mafter or other perfon interefted as aforefaid, ftiall make any
falfe or unfounded declaration refpecting the points under
examination, every fuch owner, confignee, mafter or other in-
terefted perfon, upon convi6tion thereof, in manner as pointed
out in the eighth fection of the law to which this is an addi-
tion.

TENTH MASS. TURNPIKE. June 1 8, An. 1803. 213

tion, fliall forfeit and pay a fine not exceeding Jive hundred
dollars^ fufFer fix months imprifonment, either or both at the
difcretion of the Court having cognizance of fuch offence.

Sect. 4. And be it further enaBed by the authority aforefaidy
That all fines and forfeitures arifing under this Aft, fhall ac- ^^PP^^j^^^^^^""*
crue to the Board of Health for the ufe of the town of Bof'

ton,

[This A6t pafi^ed Jufie 18, 1803.3

An ACT in addition to an Act, entitled, " An Ad

eftablifhing T/;^ Tenth Mafachufetts Turnpike Qor-^'"''^^^'^^'^'
f oration,**
TiE it enaBed by the Senate and Houfe of ReprefentativeSi in
■^ General Court ajfembledy and by the authority of the faniey
That the time allowed to faid Corporation for completing the
turnpike road in faid A61 mentioned, be, and the fame is here-
by lengthened out until the firft day of March next.
[This Aa paired June 18, 1803.]

An ACT in addition to an Act, entitled, " An Ad

regulating the CoUeftion of Taxes in the Town of June i8,i8o».

Bq/ion, and providing for the Appointment of Con-

flables in the faid Town."
^j TiE it enaBed by the Senate and Houfe of Reprefenta-

' ' -*-^ fives f in General Court affeinbledy and by the author-
ity ofthefame^ That the Treafurer of faid town oi Boflon^ his
deputy or deputies, fhall be empowered to colledt all fuch ^''[^^""'"t^j.*,
taxes as may be outftanding and uncollected at the time of his outftandinp at
being chofen to the office of Treafurer, fuch Treafurer and the time oi his
his deputies firft giving bonds for the faithful difcharge of eleftion.
their duty, in fuch fums and with fuch fureties as the Select-
men of faid town fhall think proper.

Sect. 2. And be it further enaBed^ That the faid Treafurer
may ifiTue his warrant to his deputy or deputies for the collect- __ to iflue war-
ing and gathering in fuch part of the rates or alTeflments as, rant tohisdep-
in his difcretion, he fliali think proper to commit to fuch dep- "'Y-
uty or deputies, which warrant fhall be in the lame tenor with
the warrant prefcribed to be ilTued by the Selectmen or AlTeff-
ors for the collecting and gathering in of the State rates or af^
feiTmentSj mutatis inuta7idis.
* [This Aa paired June 18, 1803.]

814 GROTON, kc. June \ 8-20, An. j 803.

An ACT to ^et oil Wilkrd RMim^ -with Kis Eflate,
frooi the Town of GrC'isn^m ihe Co-j^nty i>i Middk-
fex, and to annex ihe fame to tlie Town of Tiunfia-
hk-i in the faroe CouBty,

- J?-^ ^^ ^"^^^^^ % ^<^^ SenJife and Hmfe of Repr^entS"

JLJ i^>ites^if^ Qgjfgrsd Canrt a^i'oi^ledySndt'y ihemfihor'-

nty ^fiht famr^ Tfest Wil!a>-d RiMIbs, cf Grafan, iss ibc coant]^

of Middkfex„ with his efete^ be, ajsd fearei^f is let odBFfrfMa

iRT, Robi>ij5» faid t©wii oi Gr&tsB, zad arm£x.ed So t!ie towro of DufiftaMe^ in

m!!^*u ** faid coanty, 4lie.re to do diaSy ai>d receive piwileg«is; in the fame

SKaEsier as odisr inhabitants of the fald tcwa of Dw^aUr^.

S1.CT, "Z* j^nd i>i- it fm-t&if iinaifedf Thai tite iaid WH&rd

AccwaatsMe Rolhins fliitll |je Isolden t-o pay aocl fiiifcl>Brg.e ssll legal aSefiP"

fcj taws, jnerits and faxes filiat Laxre bfi^in aSeffed is|jaGliis3S fcsy fasd town

©f Groion prior to the ^sHiag tisjs A»!l-

[^riiis Adt pafied Jum iH, 1803.3

An ACT in additsc«i to an Afit, enfttled, ^ An Adi

foF iDcorporqiting certain. Perfons for tke Purpofe

lust 38, 1796, of bnilding a Bridge over Cmneiiind River, in the

County of Hampjhire, and for fnpjx>ning the fame/*

11 jK iV enaBed hy the SeTsate and Haufe c/" Reprifsniaiivu^ in
■*-^ General C!>uri aje-mhled, and by the axdlxriiy of ihs fame^
That the toll for each waggon, caiS, fled, Ueigb, or other car-
1 S3ige of burtlien^ drawn by four bsafts, pailing faid Bridge,
fhali be i'ufeiity-fve cents ; any thing in an Act, eciit^et^ «* An
Acl for incorporating certain perfons for ihe piarpofe of build-
ing a Bridge over Conneciicut River^ in the county of Hamp^
Jhire^ and for fupporting the fime," or in an A£l in addition to
♦be faid A£l, to the contrary notwithftanding.
[This A£t pafled y«;;t' 20, 1B03.3

'' An ACT in addition to an A<% entitled, " An Aa
for incorporating certain Perfons for the Purpofe of
building a Bridge over Charles Rmer, between Bof"

ton and Charlejiozvn."*
JlE it ena&ed by the Senate and Houfe cf Reprefentati'veSi in
^ General Court afemhledy and by ibe authority of thf fame^
That it Iball be lawful for the Proprietors of Charks River
Bridge^ and they hereby are authorized and empowered, to
make the leaves of the draw direfted by an Act, entitled, " An

TEMPLE. "Jtme 20, An. 1 S03. ar

Act for incorporating certain persons for the purpofe of b«iW-.
iug a Bridge over Charles River, between Bofion and CharleJ-
towtty' to be erected and kept on iaid Bridge, thirty feet Iong>
inftead of forty-two feet : Provided^ That the width of faid
draw {lull at no time be reduced.

£This Acl paifed June 20, 1803.]

An ACT to incorporate the Plantation called Abbottf-
toivn or No. i, in the County of Kennebeck, into a
Town by the Name of Temple.

q ^ T)E it enaEled by the Senate and Houfc of Reprefenta-

* tiveSy in General Court ajjemhledy and by the author-

ity of the fame, That the plantation called Ahbotfloivn or No. i,
in the county of Kennebeck, defcribed in the following bounds,
together with the inhabitants thereon, be, and hereby are in-
corporated into a town by the name of Temple : Beginning at a
hemlock tree {landing at the north-wefterly corner of Fartn- Boundaries «f
ington ; thence running fouth by faid Farmington two miles ; "^^"^P'*'
thence fouth thirteen degrees, eaft one mile and three-quarters
of a mile, to a hemlock tree ftanding at the north-eafterly
corner of Tyng^ townfhip ; thence running by Tyngs town-
ihip, fouth feventy-iive degrees, weft five miles and one quar-
ter of a mile, to a hemlock tree ftanding at the north-wefterly
corner thereof ; thence north ten degrees, weft five miles and
one hundred and fourteen rods, to a be?ch tree j thence
north feventy-five degrees, eaft five miles and two hundred
and fifty-eight rods, to a beach tree ftanding in the weft line
of Reed's townfhip ; thence running fouth by Ree;Ps townfliip
two miles, to the firft-mentioned bound : And the faid town
is hereby vefted wiih all the powers, privileges and immuni-
ties which other towns in this Commonwealth do or may en-
joy by the ConftituMon and laws of this Commonwealth.

Sect. 2. And be it further enacfed, That Benjamin Whitier, ^ whJtier
Efq. is hereby authorized to ilTue his warrant, direcSted to fome Efq. authorizi
fuitable inhabitant of faid town oi Temple, requiring him to no- ^^ ^o callfirA
tifyand warn the inhabitants thereof qualified to vote in town "^"^'"S-
affairs, to meet at fuch time and place as Ihall be exprefTed in
his faid warrant, to choofe all fuch officers as towns are by law
authorized to choofe in the month of March or Ap.il annually.
[This A6t pafled June 20, 1803.]

2i6 INDUSTRY & ALBANY. 7««^2o, An.1803.

An ACT to incorporate a Part of the Plantation call-
ed Indu/iry, in the County oi Kemiebeck, into a Town
by the Name of Indujiry,

„ T)E it enaBed by the Senate and Hottfe of Reprefenta'

■*-' tivesy in General Court ajfembledy and by the author^
iiy of the fame. That the part of the plantation called Indujiry^
in the county of Kenncbeck^ contained within the following
boundaries, together with the inhabitants thereon, be, and
hereby are incorporated into a town by the name oi Indujiry :
Beginning at the fouth-weft corner of Starks ,• thence running
Boundaries of ^ ^^ ^^^ hundred and fixty rods to New-Sharon ; thence

thetownotin- , r, ^ -kt en r-

duftrjr. north-wevt by JSew-bharon live miles ; thence north three

miles to New-Vineyard ^ fo called ; thence eaft by faid New-
Vineyard four miles, to the north-weft corner of Starks ; thence
fouth by the weft line of Starks fix miles, to the firft-mention-
ed bounds : And the faid town is hereby vefted with all the
powers, privileges and immunities which, other towns in this
Commonwealth do or may enjoy by the Conftitution and laws
of this Commonwealth.

Sect. 2. And be it further enaBed^ That Samuel Prefcott,

S Prefcot,Efq. "^{^ jg hereby authorized to iftue his warrant, diredled to fome

call firll meet- fuitable inhabitant of faid town of Indujiry^ requiring him to

iiig. notify and warn the inhabitants thereof, qualified to vote in

town affairs, to meet at fuch time and place as fhall be exprefl^

ed in faid warrant, to choofe all fuch officers as towns in this

Commonwealth are by law required to choofe in the month

of March or April annually.

[This Aa pafled June 20, 1803.]

An ACT to incorporate the Plantation of Oxford, in
the County of Tork, into a Town by the Name of
Albany.

q 7^^ it enaBed by the Senate and Houfe of Reprefenta-

-*-' tiveSy in General Court ajjembled^ and by the author-
ity of the famey That the plantation heretofore known by the
name of Oxford, in the county of Torky as defcribed within the
following bounds, together with the inhabitants thereon, be
and hereby are incorpoi'ated into a town by the name of Al-
bany : Beginning at a pond at the north-eafterly corner of Wa-
Boundaries of te ford ; thence north twenty degrees, weft fix miles and one
ATban'"^" °^ hundred and thirty rods, to the fouth line of Bethel ; thence
weft twenty degrees, fouth on Bethel line aforefaid, five and
half miles y thence fouth twenty degrees, eaft about feven

miles,

FIFTH MASS. TURNPIKE." 7^77^21, An. 1803. SM)'

miles, to Waterf^rd line ; thence northerly by faid Waterford
line, to the bounds firft-n:ientioned : And the faid town is
hereby vefted with all the powers, privileges and immunities
which other towns do or may enjoy, by the Conftitution and
laws of this Commonwealth.

Sect- 2. And beitfwther e^acled, That Ezehiel Me^-rell, E. MerrelT,
Efq. of Waterford aforefaid, is hereby authorized to iffue his ^^
warrant, directed to fome fuitable inhabitant of faid town of
Albany^ requiring him to notify and warn the inhabitants
thereof, qualilied to vote in town affairs, to meet at fuch time
and place as fhall be expreffed in his warrant, to cUoofe all
fuch town officers as towns are by law required to choofe in
the months of March or April annually.

[This Act palled June 20, 1803.]

meeting.

An ACT in addition to an Acl, enutled, " An A(5l ;

for eftablifhing a Corporation by the Name of The March £,i79>»

Fifth Majfachufetts Turnpike Corporntion.**

« jnE it enaSfed by the Senate and Houfe of Reprefenta-

■*-^ tiveSf in Genera/ Court afemh/ed, and by the author-
ity of the farne^ That the Proprietors of The Fifth Mnffachufetts
Turnpike Corporation be, and they are hereby authorized and
empowered to lay out and make a turnpike road from the line Turnpike au-
of the town of Winchefer, in the State of >Jew-Hamjfhire, to whlchefter'N?.
the turnpike road leading through IFarwick ,• and the fame h. to War wick,
proceedings fhall be had in laying out faid road, where the Mali
land cannot be obtained by voluntary confent, as is provided
in the A<fl:, entitled, " An AcSt for ertabliihing a Corporation
by the name of The Fifh Maffachtfetts Turnpike Co'-po^ ation."

Sect. 2. Be it firther enaBed, That when the road afore-
faid fliall be made and accepted by a Committee appointed for
that purpofe, by the Court of General Seffions of the Peace
for the county of HampfJnre^ the Proprietors of faid Corpora- 11^1*^^*0'^
tion Ihall be allowed to move the gate which now ftands in mored.
Warwick to Orange-, eaft of where the road from JVincheJier
fliall interfedt the prefent turnpike road.

Spot. 3. Be it further etiaEled^ That if any perfon (hall cut
or fall any tree into the turnpike road, or lliall lay any timber,
boards, rails, fticks or flones whatever, which fhall be an ob-
ftrudlion to the travellers, or an injury to the Proprietors in
maintaining or repairing the road, he Ihali forfeit and pay to
the ufe of the Corporation for every fuch offence, a fum not p^iiaky for ob»
exceeding ten dolla.s, nor lefs than one dollar, to be recovered iiruding or ia-
by an aftion of trefpafs on the cafe, before any Juftice of the j^rJog road.
Peace in the county where the offence is committed.
[This Aa paffed June 21, 1803.]

Vol. III. 2....D An

«/8 CAMB. ENGINE-MEN, S:c. June 21, An.i^o^.

An ACT to empower the Selectmen of Cambridge to
increafe the Number of Engine-Men in faid Town.

T)E it enaBed by the Senate and Houfe of ReprefentativeSy in
-*'' General Court ajfemhled^ and by the authority of the fame^
That the Selectmen of the town of Cambridge be, and they
hereby are authorized and empowered, at any time after the
pafling of this A£l, to appoint (if they fhall judge it neceflary)
any number of men, not exceeding fix to each engine, in ad-
dition to the number now allowed by law ; to be fubje6t to
the fame rules and regulations, and entitled to the fame privi-
leges and exemptions, as other engine-men.

[This Aa pafled June 21, 1803.]

An ACT to incorporate the Townfhip called A^c?. 6,
on the eaftern Side of Penobfcot River, in the Coun-
ty of Hancock, into a Town by the Name of Surry.

Sect, i

T)E it cnaSlcd by the Senate and Houfe of Reprefenta-
■^ tivesy in General Court ajfembled, and by the author-
it-^ of the fame, That the townfhip called No. 6, on the eaftern
fide of Penobfcot River, in the county of Hancock, bounded as
follows, viz. On the weft by the town of Bluehill and Bluekill
Bounaaries of ^^^ . ^^ ^j^g ncrth by the towns of Penobfcot and Elfwo-th ;
Surry. ^'^^ o^ ^^ ^"^^ ^"^ fouth by Union River and Union River

Bay ; with the inhabitants thereon, be, and they hereby are
incorporated into a town by the name of Surry ; and the faid
town is hereby vefted with all powers, privileges and immuni-
ties which other towns in this Commonwealth do or may by
law enjoy.

Sect. 2. y^nd be it further enaBed, That ; Alelatiah Jor-
M. Jonlan, ^^,,^ £fq, be, and he hereby is empowered to iflue his warrant,
Efq.authonzed jjj.g£^gjj ^q fo^^e fuitable inhabitant within faid town, requiring
to call nrlt . -.,. , ^ j.o

meeting. him to warn a meetmg ot the mhabitants tnereot, to meet at

iuch time and place as jhall be exprelTed in faid warrant, for
the purpofe of chooling fuch town officers as other towns are
empowered to chocfe in the months oi March and Jpril an-
nually.

[^This Acl pafTed June 21, 1803.]

Sect

MEDFORD SALT MARSH. J^//^ 21, An. 1803. 21$

An ACT to incorporate the Proprietors of the Salt
Marfli in the eallerly Part of Medford, to make and
maintain a Dike and Fence for the better improving
the lame.

ryE it enabled by the Senate and Hciifs of Reprefcnta'
■^ tivesy in General Court ajfembled, and by the author-
ity of the fame., That from and after tlie pafliiig of this Aft, all
the Proprietors of a traft of fait marfh, fituate in the eafterly
part of Medford aforefaid, beginning at Maiden hne, and run-
ning wefterly by the land of Andrew Hall, Jofeph Wheelwright, ft^aft'of marftf
and Simeon Holt, to the brick landing place on Miflic River, incorporated.
and otherways bounded by faid river, comprifing all the marih
within faid bounds, be, and hereby are incorporated with all
the powers and privileges incident to limilar Corporations..

Sfxt. 2. A7id be it further enacted, That the manner of call- Manner of call-
ing meetings of the faid Proprietors Ihall , be by an application ing meetings
in writing from five or more of faid Proprietors to any Juftice °^ ^^ Propn-
of the Peace in the county of Middlrfex, who is hereby empow-
ered and directed to ilTue his warrant to one of faid Proprietors^
to meet at fuch time and place as he fhall think moft conveni-
ent, and for the purpofes to be exprefled in fiid warrant ; and
^copies of faid warrant, with the notification thereon, fhall be
pofted up at the houfe of public worfliip in faid Medford^ and
at the houfes of public v.'orfhip in each town where any of the
faid Proprietors may dwell, ten days at leaft before the time of
holding faid meetings : And the faid Proprietors, or the major
part of liich of them as fliali be aflembled at anv le^al meeting
called as aforefaid, Ihall have power to choofe' a Clerk, Com- ^^f^'^/^^j^jj-^*'
mittee, Affefibrs, Collector or Colleftors of taxes, and Treafurer, and their pow-
who fiiall be fvvorn to the faithful difcharge of the truft repofed crs.
in them, and continue to ferve until others are chofen and
fworn in their place, which may be annually, or as often as oc-
cafion may require ; which ofiicers, fo chofen and fworn, fhalL
have the fame power to perform, execute and carry any vote or
order of laid Corporation into as full effeft: as town ofiicers of
like defcription have by law to do and perform : And the faid ^ .jt^ ^^ ,
Corporation fliall have power to erecSt and make a Dike of niadc,andmou-
fumcient height and width, on the north bounds of laid marfh, >" raifed.
beginning at Mdden line, and running weliward by the land of
faid Andrew Hall, and others, fo far as. a Dike may be found
neceflary ; and to ereft: and keep in repair fuch a fence as the
faid Proprietors may at a legal meeting agree to have, where
a fence may be found neceflary : And at any legal meeting'
called for the purpofe, may vote and raife monies to defray the
aeceflary expenle of fudi Dike and Fence, and. keeping the.

fame.

i^» FRANKLIN ACADEMY, &c. >«^ 21, An. 1803.

fame in repair, and to pay all other expenfes which fliall be

found necefTary for the better management thereof, and for

carrying the votes and orders of faid Corporation into effedl :

And all monies raifed as aforefaid, fliall be aiTelTed upon each

ff^<r',i""^ K^ Proprietor in the marfh aforefaid, in proportion to the number

marfh of delin- °^ acres he or fhe may own ; a^nd if any Proprietor Ihall refufe

quent Proprie* or neglect to pay the fum or fums alTefTed upon him or her as

tors fold. aforefaid, after fixty days notice, fo much of his or her marfh

fliall be fold as will be fufficient to pay the fame, with cofts ;

notice of fuch fale to be given by polling up advertifements

thereof at the houfes of public worfhip in the towns where fuch

delinquent Proprietors dwell, three weeks prior to the fale,

with the names of the Proprietors, the amount of the taxes

affelTed on their marfh refpedlively, and alfo the time and place

of fale; and if no perfon ihall appear thereupon to difcharge

the faid taxes and all necefTary intervening charges, then the

Colledlor fhall proceed to fell at auction, to the higheft bidder,

fo much only of faid marfli as fhall be fufHcient to difcharge

faid taxes and the necefTary intervening charges, and fhall give

and execute a deed or deeds to the purchafer or purchafers, his

or her heirs or afligns, expreffing therein the caufe of fuch fale.

[This Aa paiTed June 21, 1803.]

An ACT to change the Free School in the north
Parilh of Ando-ver into an Academy by the Name
of Franklin Academy.

WHEREAS the Truftees of the Free School in the north
parifh of Amlover have petitioned this Court to change
the name of faid Free School, and to ereft the fame into an
Academy :

Be it enaEled by the Senate and Houfe of ReprefentativeSy in
General Court (i[fembledi and by the authority of the fame, That
the faid Free School be, and the fame hereby is eredted into
an Acadejiy by the name of Franklin Academy ; and that the
Truftees of the faid School fiiall be hereafter flyled The Truflees
of Franklin Academy in all cafes whatfoever.

[This Act pafTed June 21, 1803.]

An ACT to fet off one Mile of the foutherly Part of
the Town of Baivley^ in the County of Hampfhire,
and to annex the fame to the Diftricl of Flainjield,
in the fame County.

^ DE it enacled by the Senate and Houfe of Reprefenta-

*" ^^'^* ^ * -^ tiveSi in General Court ajfembled^ and by the author-
ity of the fame. That one mile of the Ibutherly part of the town

LIVERMORE SCHOOL. June 21, An.i^o^, «2i

of Hatuky^ as defcribed by the following lines and boundy,

together with the inhabitants thereon, be, and hereby is fet oflF

from the faid town of Haiv/ey, and annexed to the diftridl of

Flainfieldt viz. Beginning at the north-weft corner of Plainfield

aforefaid ; thence running wefterly on the line between Haivley P"'!"^^'''^!. ^

and Windfory to the fouth-weft corner of Hanvley ; thence *° et o .

northerly on the line between Haivley and Savoy^ one mile ;

thence eafterly by a line drawn parallel with the north line of

FlainjieM, till it ftrikes the weft line oi Apfield i thence fouth-

erly on Apjield line, to the fouth-eaft corner of Haivley.

Sect. 2. And be it further ennBed^ That the land, with the
inhabitants thereon, by this A<Sl fet off from the town of Provifion re«
Haivley and annexed to the diftrift of Plmnfield, fhall be holden ^P^'^^^S ^"^
to pay all fuch taxes as are now due, or which have been order-
ed to be alTeired on them by the faid town of Haivley^ prior to
the date of this A61, in the fame manner as they would have
been if this A<ft had not been pafled.

[This Aft paired June 21, 1803.]

An ACT to authorize the raifing of a Fund for the
Support of a School in the Town of Livermore, in
the County of Cumberland,

q jyE it enacted by the Senate and Houfe of Reprefenta-

■*-' tives, in General Court aJJ}7nbled, and by the author-
ity of the fame. That Elijah Livermore, Eiq. Maj. David Learned, Tmfteeo.
Ranfom Norton, Capt. fejje Stone, Gilbert Hathaway, Thomas
Coolidge, and Ifaac Livermore, be, and hereby are appointed
Truftees to fell the fchool land in faid town of Livermore, and_
to put out at intereft the monies ariling from fuch fale in man-
ner hereafter mentioned.

Sect. 2. Be it further enaElcd, That the faid Truftees be,
and they hereby are incorporated into a Body Politic, by the ^"'^^^^po^'^t'^a
name of The Truflees of the School Funds in the Town of Livermore,
in the county of Cumberland, and they and their fucceflbrs fhall
be and continue a Body Politic and Corporate by that name
forever ; and they {hall have a common feal, fubje<fl to be al-
tered at their pleafure ; and they may fue and be fued in all
adlions, real, perfonal and mixed, and profecute and defend the
fame to final judgment and execution.

Sect. 3. Be it further enacied. That the faid Truftees and
their fucceflbrs Ihall and may, at any legal meeting, annually
eledl a Prefident, and Clerk to record the doings and tranfac- P''«^'^^* ^''^
tions of the Truftees, and alfo a Treafurer to receive and apply chofeo "^^^
the monies of the faid Corporation as hereinafter directed ;
and any other needful ofiicefs for the better managing their
buftnefs.

Sect.

«22 LIVERMORE SCHOOL. June 21, An.ito^,

Sect. 4. Be it further etiaBedj That the number of Truftees

fhall not at any one time be more than feven nor lefs than five,

Truftees limit- ^^^ ^^^ °^ their number to conftitute a quorum for tranladting

«]. bulinefs j and they fhall and may, from time to time, fill no

vacancies in their numbers, which may happen by death, relig-

nation or otherwile, from the inhabitants of faid town ; and

fhall alfo have power to remove any of their number who may

become unfit and incapable, from age, infirmity, mifconduft or

any other caufe, to dilcharge his duty ; and to fupply a vacancy

fo made by a new choice from the town aforefaid : And the

faid Truftees flaall annually hold a meeting in March or Aprils

held* '"^ ° '^ ^°^ ^^^ choice of officers, and as much oftener as may be found

neceflary to tranfail their bufinefs, which meeting, after the

iirft, Ihall be called in fuch way and manner as the Truftees

fhall diredt.

Sect. 5. Be it further enaBed^ That Elijah Livermore^ Efq.
Hrft meeting, be, and hereby is authorized to fix the time and place for hold-
ing the firft meeting of the Truftees, and to notify each Truftee
thereof accordingly.

Sect. 6. Be it further enaBed, That the faid Truftees be,
Truftees to fell '^"*^ ^^^7 hereby arc authorized to fell and convey in fee fimple
the fchool all the fchool lands belonging to faid town, and to make and
lands. execute a good and fufficient deed or deeds thereof, which deed

or deeds, fubfcribed by their Treafurer, by direction of faid
Truftees, with their feal thereto affixed, fhall be good and
efFedtual in law to pafs and convey the fee fimple from faid
town to the purchafer, to all intents and purpofes whatfoever.
Sect. 7. Be it further etiacled^ That the monies arifing from
Monies to be the fal© of faid lands lliall be put at intereft as loon as may be,
put at intertft. and fecured by mortgage of real eftate to the full value of the
eft ate fold, or by two or more fufficient fecurities with the prin-
cipal, unlefs the Truftees fhall think it beft to inveft the fame
in public funded fecurities or bank ftock of this Commonwealth,
which they may do at their election.

Sect. 8. Be it further ejiacledy That the intereft arifing from

to.u • ,x time to time on fuch monies, fiiall be annually, or oftener if
The interelt to ^.,, . -iir i- c r-t

be put at inte- practicable, put out at intereft and lecured in manner aiorelaid,

reft. unlefs invefted in the funds or bank ftock as aforefaid ; and alfo

the intereft accruing from the intereft, until a fund fhall be
accumulated which fhall yield annually the fum of one hundred
and fifty dollars.

Sect. 9. Be it further enaBed^ That as foon as an interefl
Appropriation ^.^ (.j^j^j amount fhall accrue, the Truftees fhall annually apply
ter *k amounts ^^ ^^'"'"'^ towards the fupport of a fchool in faid town, and it
to a certain fhall never be in the power of faid town to afienate or anywife
*«»• diminifh the funds aforefaid.

Sect.

CHESTER TURNPIKE. 'Juneix, An. 1803. 323

Sect. 10. Be k further enaEled^ That the Clerk of fald
Corporation {hall be fworn previous to his entering on the
duties of his office ; and the Treafurcr of the Truftees fhall
give bonds faithfully to perform his duty, and to be at all times lE^^^'""'' ""'^
refponfxble for the faithful application and appropriation of the „\^^ bonds,
monies which may come into his hands, conformable to the true
intent and meaning of this A(fl:, and for all negligence or mif-
condufl: of any kind in his office.

Sect, i i . Be it further enacledy That the Truftees or their qo.
officers, for the fervices they may perform, fhall be entitled to be compenfat-
no compenfation out of any monies arifing from the funds afore- ed from tht
faid, but if entitled to any, fhall have and receive the fame from ^^"^^^
faid town, as may be mutually agreed on.

Sect. 12. Be it further enaSIed, That the faid Truftees and ^
their fucceflbrs fliall exhibit to the town, at their annual meet- nienrto be^exl
ing in March or Aprils a regular and fair ftatement of their hibited.
doings.

Sect. 13. Be it further ennEled^ That the faid Truftees and
each of them fball be refponfible to the town for their perfon- Tmfleees re-
al negligence or milconduft, whether they be officers or not, fp""fible fo?
and liable to a fuit for any lofs or damage arifing thereby, the "^S^'Sencc.
debt or damage recovered from fuch fuit to be for the ufe
aforefaid.

[This A£t pafled Jum 21, 1803.]

An ACT in addition to an Afl:, pafled the Fifth Day
of March, in the Year of our Lord One thoufand
eight hundred and three, eftablifliing The Che/ier
Turnpike Corporation, and for repealing certain
Claufcs therein contained.

Sect i Z?"^ ^^ enaBed by the Senate and Hoife of Reprefenta'
-^ tives, in General Court afemhled, and by the author'
ity cf the fame, That the claufe in the firft feclion of the Act
paffed on the fifth day of March, in the year of our Lord one
thoufand eight hundred and three, entitled, <•' An A6t eftab-
lifliing The Chefer Turnpike Corporation^'' requiring, that the
path to be travelled on the faid turnpike road fliall not be lefs ^^''^ "*" ^°""'='*
than twenty-two feet in width in any place, where it is prac- ^*^ repealed.
ticable to make the fame, be, and the fame is hereby repealed.

Sect. 2. And be it fa-ther enaBed, That the path of the
aforefaid turnpike road to be travelled on, ftiall not be lefs ^'"'^ °^''°^'^"
than eighteen feet wide in any place or part thereof.

Sect. 3. And he it further enaBed, That ail the proceedings
of the faid Chefler Turnpike Corporation, heretofore had at any ^^^^f'^ P'"'^
•leeting of the fame, be, and hereby are ratified and confirm- firn'^Si*

224

RAYMOND, &c.

Jutie 2t,Ai\.iSo^,

ed in the fame manner as if the firfl: meeting of the fald Cor-
poration had been held on the fecond Monday of ^prii laft, iii
conformity to the fixth feclion of the faid Adt to which this is
an addition j any thing in the faid Aft to the contrary not"
withftanding*

[This Aa paired June 21, 1803.]

Boundaries
-the town
Raymond.

J. K. Smith
to call firll
nectiug.

An ACT to incorporate the Plantation called Ray
mond^ in the County of Cumberlajidy into a Town by
the Name of Rayrnond.

« TiiE it enaEled by the Senate and tloufe of Reprefenta*

-*^ iivesy in General Court njfembledy and by the author"
ity of the fame^ That the plantation of Raymond^ in the county
of Cumberland^ bounded as follows, viz. Beginning at the north*
wefterly corner bounds of Windham^ and extending due north-
cf eaft feven miles and one half j thence on a north-weft courfe
of feven and an half miles ; thence from the firft-menrioned
bounds extending up the north-eaft lide of Sabago Pond, as the
pond runs, until a north-eaft line fliall terminate at the head
of feven and half miles on the north-eaft fide line ; with the
inhabitants thereon, be, and they hereby are incorporated in-
to a town by the nanne oi Raymond ; and the faid town is here-
by vefted with all the powers, privileges and immunities which
other towns in this Commonwealth do or may by law enjoy.
Sect. 2. And be it further enacted^ That John K. Smith,
Efq. be, and he hereby is empowered to ifTue his warrant, di-
refted to fome fuitable inhabitant within faid town, requiring
him to warn a meeting of the inhabitants thereof, to meet at
fuch time and place as ihall be exprefled in faid warrant, for
the purpofe of choofing fuch town officers as other towns are
empowered to choofe in the months of March and Api il an-
nually.

[This Aa pafied June 21, 1803.]

An ACT to annex an Ifland,,fituate in Charles River,
between the Towns of Needbam, in the County of
Norfolk, and Newton^ in the County of Middlefex, to
the faid Town of Newton.

E it enacted by the Senate and Houfe of Reprefentativesy in
General Court njfembled, and by the authority of the fame.
That the illand fituate in Charles River, between the towns of
Needham, in the county of Norfolk, and N':iuton, in the county
of Middlefex f about one quarter of a mile below the Upper FJ!s,

DIXFIELD. y«wf 21, An.i8o3v 225

fo called, in faid river, being the Tame ifland upon which The
Neivton Iron-Work Company have ere£led their manufadtory,
be, and hereby is annexed to faid town of Ne-zvtoh, and incor-
porated therewith, and forever hereafter fhall be coniidered as
a part of the fame.

[This Aft pafled June 21, 1803.]

An ACT to Incorporate the eafterly Part of a Trad
of Land in the County of Cumberland, which was
granted^ to Jonathan Holman and others, on the
north Side of Androfcoggin River, with the Inhabit-
ants thereon, into a Town by the Name of Dix^
field.

Sect. i» T{^ ^^ ennBed by the Senate mtdHoufe of Reprefenta*
^ tives^ in General Court ajf-mbledy and by the author^
ity of the fame. That the hereafter defcribed lands, within the
following bounds, viz. Beginning at the wefterly line of Jay,
on the north bank of Androfcoggin River ,- thence running Bounaarles of
north forty degrees, eafl: by faid f.iy fix miles, to a beach tree ; "'^" °^ ^'*-
thence running north fixty-eight degrees, weft partly by Tyngl ^^^'^'
town, and partly by land fold by this Commonwealth to Meflrs.
Phillips, Abbot, and others, eight miles, or until it comes to the
centre of Webb's River ,- thence running Ibutherly, through
the centre of faid JFebb's River, about fix miles, and until ic
comes to Androfcoggin Rivi'r ; thence running eafterly, bv faid
Androfcoggin River, about fix miles, or until it comes to the
weft line of fay, being the bounds firft mentioned ; with the
inhabitants thereon, be, and the fame hereby are incorporated
into a town by the name of Dixfuld.

Sect. 2. And be it further enured. That the minlfterial
and fchool lands which were granted by this Commonwealth, Certain mlnif.
and he m the aforefaid grant of land, ftiall be divided between ferial & fchool
faid town of Dixfield and the remaining part of laid tract, Iv- ^^"^* " ^^ ^'
ing wefterly of faid town, in equal proportions, according to ^"^^'
the quantity of land contained in faid town and in the re-
maining tra^, lying wefterly thereof.

Sect. 3, And be it further etiaBed, That any Juftice of the
Peace in the county of Cumberland be, and he' hereby is em- "**^ ^^^ ^^^
powered and required to ilTue his warrant, direded to fome KllS " '*
pnncipal mhabitant of faid town of Dixfield, requiring him to
notify and warn the inhabitants of laid town, qualified to vote
in town affairs, to alTemble at fuch time and place in laid town
as fhall be expreiled in faid warrant, to choofe all fucli officers

35
Vol. III. 2....E

fl2.6 LYNN & CHELSEA. June 21, An.iSo3.

as other towns within this Commonwealth are by law author-
ized and required to choofe in the month of March or April

annually.

[This Aa pafTed June 2 1 , 1 803.]

An ACT to alter the Line between the Towns of

Lytui and Chelfea.

WHEREAS Abijah Boardman hath petitioned this Court,
that the line dividing the towns of Lynn^ in the
county of Epx, and CheJfeay in the county of Suffolk, may be
fo far altered as to include his dweUing-houfe and the land
under the fiime wholly in the faid town of Chelfea :

Be it enalled by the Senate and Houfe of ReprefentativeSy in
General Court affembledy and by the authority of the fame, '^^'^'^
the limits of the faid towns of Lynn and Chdfea, and of the faid
counties of Efftx and Suffulh, be, and they hereby are fo far
changed and altered as to include the faid land and building
thereon in the faid town of Chelfea, in the faid county of Suf-
folk V and the fame land and building (hall hereafter be fub-
jedt to all duties and taxes, and pollefs all the privileges and
rights which the other land and houfes in faid town of Chel-
fea are fubjeQ to and polTef;.

[This Act puffed June 21, 1803.]

An ACT in addition to the Aft, entitled, " An Act
for incorporating; Luther Eames, and others, into a
Feb. 27, 1795. Society for the Purpofe of bringing frefli Water in-
to the Town oi Bojlon by fubterraneous Pipes."

WHEREAS in and by an Adt, entitled, « An Acl for in-
corporating Luther Eames, and others, into a Society
for the purpofe of bringing freili water into the town of Bof-
preamble ^^^^ ^^ fubterraneous pipes," no authority is given to the faid
Corporation to enter upon the corporate or private eftate of
any perfon or peribns, without a free and voluntary contrait
with the Proprietor of fuch eftate ; by reafon of which re-
ftridtion of power the faid Corporation have been and ftill are
expofed to many inconveniences,, and the important purpofes
of the Affociation thereby greatly retarded and embarraffed :
Sect. i. Be it therefo) e enaclcd by the Senate and Houfe of Rep'
refentativeSi in General Court affmbledy and by the authority of the
fame,Thzt the faid Corporation be, and they are hereby author-
ized and empowered, for the purpofe of extending and accom-
modating

BOSTON AQUEDUCT. 7«w^ 22, An.1803. 227^

moelating their works. In order to the bringing of frefh water Authonrid to
into the town of Bojion^ according to the original defign of faid enter upon and
Corporation, to enter upon and improve, for the laying down ;.'JP'°''\^,ifj;2
of fubterraneous pipes, the corporate or private eftate of any ^ J^^^j^^ ^^^^^^^
perfon, town or corporation whatfoever, within the following aries.
boundaries, viz. At and from the road near a bridge which is
a little to the eaftward of the Punch-Bowl T.ivern in Brnok^
litiey and thence through the marflies, or in fuch direction as
may be deemed eligible and convenient by faid Corporation,
uiito the road on Bofloti Nfd, near to Mr. Blaney's houfe, now
fo called : And the faid Corporation are hereby empowered
to take, hold, purchafe or improve, for the purpofe of laying
down fubterraneous pipes as aforefaid, any land, not exceed-
ing five feet in width, through the whole diftance before men-
tioned J and fhall, at all times, have free ingrefs and egrefs in-
to and from the fame, in order to lay down, infpecl, renew
and repair the faid pipes ; on condition, however, that the faid Damages to be
Corporation ihall be holden to pay all damages which ihall paid,
arife to any perfon or body politic by the taking, holding and
improving of the land aforefaid, for the purpofes aforefaid j
and where the land aforefaid, or the improvement thereof as
aforefaid, cannot be obtained by voluntary agreement, then
the faid damages to be eltimated and fettled by a Committee
appointed by the Court of General Seflions of the Peace for
the county wherein faid lands or eftate may be fituated ; lav-
ing to either party the right of trial by Jury, according to the
law which provides for the recovery of damages accruing by
laying out public highways : Provided neverthelefs^ That the Provifa*
faid Corporation, after having opened any of the ground
aforefaid, for the purpofes aforefaid, ihall be holden to put the
fame again in repair, under the penalty of being proiecuted
for a nuifance : And provided alfo., That nothing in this A£t
Ihall be conflrued to give the faid Corporation a right to pull
down, dig under, or encroach upon any building already ercol-
ed, nor to break up or encroach upon any cellar already dug :
And bioviiled alfo. That all complaints, claims and demands for Claim* for
damages as aforeiaid, to be eitimated as atoreiaiu, inall be en- exhibited with-
tered, made or preferred by the perfon or perfons entitled to in iz montht
demand the fame, within twelve months from the time when
the p-round Ihall have been taken up, opened or foil improv-
ed, in manner as herein before mentioned.

[This Aa paiTed June 22, 1 803 .]

12» BOSTON R N. CONG. SOC. June 22, A^.i^o^.

An ACT for incorporating Gibbins Sharps and others,
into a Society, by the Name of The Members of the
New-North Religious Society in the Toivn of Bojion.

^ fj-E it enaSled by the Senate and Honfe of Reprefenta-

tives, in General Court aJTembledy and by the author"
ity of the fmns^ That Gibbins Sharps John Simphinsy Jofeph
Kettle, and fiich others as were Proprietors of pews in the old
meeting-houfe in faid Bo/ion^ called the New-North Meeting-
Houfe, lately taken down, together with fuch others as
may become Proprietors of pews in the New Meeting-Houfe,
porited "^ and "°^^ ere<^ing on the fame place, be, and they hereby are in-
aUowtd to corporated and declared to be a Body Corporate and Politic,
hftld eftate, by thq name of The Alembers of the New-North Religious Society
vHth a iicitric- ^-.z ^^^ Toiu'i of Bojlon ; and by that name fhall be capable and.
liable to purchafe, to take, and to hoM any eftate, real, per-
fonal and mixed, for the purpofe of fupporting public worlhip,
and a Teacher or Teachers of piety, religion and morality,
and to fue; and be fued in any actions, real, perfonal or mixed,
and otherwife to do and fufFer as other Bodies Politic gener-
ally may : Provide'!, That the whole eftate, real and perfonal,
of the faid Corporation, ftiall not exceed, in its annual income,
the fum of three thoufand dollars exclufive of their houfe of
public worftiip.

Sect. 2. Be it further enaEted, That the faid Society fhall

. ^ . have power, and they are hereby authorized to make con-

TJiakecontrai's ^'^■^'^^ With any Teacher or Teachers of piety, religion and

with a teathrr morality, for his fupport and maintenance during his continu-

cf religion, & jj^j^e as Teacher, to make any permanent or annual grant to

owororhl' ^"7 ^^'■^ Teacher or Teachers, and to make any grant to the

widow or orphans of any fuch their deceafed Teacher or

Teachers, at any time when they fee caufe fo to do ; and

fhall have power to lay and aifels fuch taxes, from time to

time, on the pews in their houfe of public w^orftiip, as they

{];all tliink proper for the foregoing purpofes ; and alfo for

the building, finilliing, and from time to time repairing their

Provifo. houfe of public worfhip : Provided, That all, or any and every

fuch a6t or thing fhall be done at their annual meeting, which

ihall be on the firft Wedneiday of May in every year, or at a

meeting fpecially called for the purpofe, of which notice fhall

be given on the two Sabbaths immediately preceding the

meeting-

Sect. 3. Jnd he it further etiaBed, That the faid Society,
CkrV'^'Affeff- ^^ ^^^'^ annual meeting, itiall choofe a Treafurer, Clerk, Af-
or5, &c.* to be feflbrs, ColiedWs, and all fuch officers as they may think
ebcifcn. neceflary for conduding and managing the affair^ of the Soci-

ety,

BOSTON & HAVERH. TURNP/7««(? 22, An.1803. 329

ety, either by ballot or otherwife, as they may think proper |
and in cafe of a vacancy in any office, by death, refignation
or otherwife, they (hall have power to fill faid vacancy at any
meeting called for the purpofe according to tliis Adt : Pro- provlf*
videdi and it is hereby declared^ That no perfon, merely from
attending on public worfhip at faid houfe, and hiring a feat or
pew therein, fhall be confidered as a member of faid Society,
fo as to be entitled to vote at any meetings of faid Society.

Sect. 4. And be it further eiwRcdi That the building or
houfe of pubhc worfhip which faid Society are now ereding, ^f^^^^^g^^f*
and the land under, adjoining and belonging to the fame, fe^^. & ^p^^,
fliall be, and hereby is declared to be vefted in fee in the confidered pcr-
faid Society by the faid name : And the pews in the faid ^°"^' c^**f:.
houfe fhall be perfonal eftate, and Ihall be held Hable to the
payment of all taxes afTefTed on the fame by the faid Society,
and fliall accordingly be feized, taken and fold for the pay-
ment of the fame, and all charges incurred thereby, in fuch
manner and on fi^ch contingencies and conditions as the faid
Society fhall agree upon, which fhall be fummarlly contained
in the deed or conveyance of the pews, and the taxes fhall be
confidered a lien upon faid pews.

Sect. 5. And be it further enaBedy That the faid Society
fhall have power at any time to fell or exchange any real ^^1 f<^^I *>*
eflate, when they fliall, at any meeting called for the purpofe, g^^^^"^^ "^
agree thereto, or may invefl any perfonal gift or bequefl in
real eftate, provided the income of the fame be appropriated
according to the will of the donor.

Sect. 6. And be it further cnacfed^ That the firfl meeting 'T\n\<: of hold-
of the faid Society fhall be on the fecond Wednefday of July irg firft meet-
next, and fhall be nojtified after divine fervice on the two '"S-
Sabbaths immediately preceding the meeting j and at the faid
meeting they fliall choofe a Committee of twelve perfons,
(which Committee may be the AfTefTors,) the fignatures of
whom, or the majority of whom, to any adls or deeds of the
Society, fhall be valid and binding on the faid Society, if pre-
vioully agreed to at any legal meeting of the Society.
[This Adt palTed June 22, 1 803.]

An ACT to eflablilh a Corporation by the Name of

The Bojion and Haverhill Turnpike Corporation.

o D^ it enacied by the Senate and Houfe cf Reprcfenta-

-*--' tiveSy in General Coiirt affeinbledy and by the author-
ity of the fame. That Bailey Bartleit, Nathaniel ALrfhy Francis "Pcrhn^ incei-
C'arr, Nathaniel Thu^fon, James Duncan^ David how. Moody P®''*'^**'
Spaffordy and all fuch perlbns as are or may hereafter be aflbci-

ated

230 BOSTON & H AVERH. Tl^RNP. Jmie^2, An. 1 803.

ated with them, and interefted in faid fund, and their fuccefTors,

fhall be a Corporation by the name of ThQ B:Jipn and Haverhill

Turnpike CoJ-poration ; and fhall by . that name fue and be fued ;

and fhall have a common feal, and enjoy all the powers and

privileges which are by Uw incident to Corporations, for laying.

out and making turnpike road?, and keeping the fame in repair j

m> r c .V. that is to fav, Beginning at Haverhill Bridpe, lo called, and from

Courfe ef the , ^ > t> 6 . r r ^ \ i j

road. thence to be contmued m a courle loutn about tm^ee degrees

weft, as nearly as poffible, through the towns of Bradford^ Box-

fordy Andovery Reading and Lynfifield) to Maiden Bridge.

Sect. 2. Jnd be it further enacledt That the abovementioned

How the firft perfons, or any three of them, may, by an advertifement in the

meeting of che newfpaper printed in HaverhiUyZnd in the Palladium printed ia;

Proprietors is _g^^^;, call a meeting: of the faid Proprietors, to be holden at

to be called ;& ^ ,.'.,. . .° , ^ r " i r \ li-

the bufinefa. ^"7 Suitable time and place, after fitteen days rrom the pubuca-*

tion of faid advertifement •, and the faid Proprietors, by vote of .

the majority of ihofe prefent or reprefented at the faid meeting,

(in all cafes counting and allowing one vote to each fingle ihare)

iliall choofe 2 Clerk, who Ihall be fworn to the faithful difcharg^

of his duty, and who fliali agree on a method for calling future

meetings •, and at the fame or any fubfequent meeting may make .

and eftablifla any rules and regulations that fhall be neceffary

and convenient for regulating the faid Corporation, for efFeft-

ing, completing and executing the purpofes aforefaid, or for

colle^ling the. toll hereafter granted j and the fcime rules and

regulations may caufe to be kept and executed, or for the

breach thereof may order and enjoin fines and penalties, not

exceeding thirteen dollars for any breach thereof, provided fuch

rules and regulations are not repugnant to the Conftitution and

laws of this Commonwealth : And the faid Proprietors may alfo

choofe and appoint any other officer or ofiicers that they may

deem neceffary ; and all reprefentations at any meeting fhall be

proved in writing, figned by the perfon making the fame, which

ihall be filed with and recorded by the Clerk j and this Aft,

and all rules, regulations a.nd votes of the faid Corporation, fliall

be fairly and truly recorded by the faid Clerk, in a book or

books for that purpofe to be provided and kept : Provided alfoy

That no one Proprietor in this Corporation fhall have more than

ten votes.

Corporation al- Sect. 3. And he it further enacledy That faid Corporation

lowed to take may purchafe and hold any land over which they may make

iad hold land, f^id road ; and the Juftices of the Court of General Seffions of

the Peace in the reipedlive counties through which it paffes,

are hereby authorized, on application from the faid Corporation,

to lay out fuch road, or any part thereof within their relpeftive

iurifdiftions, as with the content of the faid Corporation they

may think proper : And the faid Corporation fliall be holden

BOSTON & HAVERH. TURNP. "June 22, An. 1803. 2/^

to pay all damages which may happen to any perfon by taking _ j;ahle for
his land for fuch road, where it cannot be obtained by volun- damagci.
tary agreement, to be eftimated by a Committee appointed by
the Court of General Seflions of the Peace in the county in
which fuch damage fhall arife, faving to either party a right of
trial by Jury, according to the law which makes provifion fdr
the recovery of damages happening by laying out public high-
ways. ^ . .
Sect. 4. And he itjmther enaHedy That the fame turnpike
road {hall be laid out and made by the faid Corporation of
fufficient width in every part thereof for the accommodation o^f ^,.^^^^j.^^^
the public, that is to fay, four rods wide through the whole of
fliid road, and the made way or path for travelling (hall be of
fufEcient width, and not lefs than twenty-four feet wide in any
part thereof; and when the faid road fliall be fufficiently made,
from faid Haverhifl to Maiden Brilge, and fliall be lb allowed
by any three men to be appointed by His Excellency the Gov-
ernor of this Commonwealth, and whom His Excellency is
hereby authorized to appoint for that purpofe, then the faid Three gates aj*
Corporation fliall be authorized to ereft three turnpike gates, lowed.
at fuch convenient dift.mces within the faid road, as a majority
of the Proprietors by them or their officers fhr.ll direft : Pro^
vided. That neither of the gates aforefaid Ihall be placed on any
part of the roads heretofore travelled ; and fhall be entitled to
receive at each of the faid gates, from each traveller or pafTen-
ger, the following rate of toll, viz. For every coach, phaeton,
chariot, or other four-wheel carriage, for the conveyance of np^y gftabUA-
perfons, drawn by two horfes, iitenty-jive cents^ and if drawn ed.
by more than two horfes, an additional fum oi four cents for
each horfe ; for e\'ery cart, waggon, fleigh or fled, or other
carriage of burden, drawn by two oxen or horfes, tivehe and aft
halfcefits, and if by more than two, an additional fum of three
cetits for every fuch ox or horfe ; for every cnTr\de,f7xteen cents ,•
for every fleigh, for the coiweyance of palTengers, drawn by
two horfes, tivehe and an half cents ^ and if drawn by more than.
two, an additional i'um of three cents for each horfe ; for every
fled or fleigh, drawTi by one horfe, ten cents ,• for every chaife,
chair or cither carriage, drawn by one horle, tivehe and an half
cents : for every man and horfe, fve cents ,- for all oxen, horfes
and neat cattle, led or driven, belides thofe in teams and car*
riages, one cent each ; for all fheep and fvvine, three cents by
the dozen, and hi the fame proportion for a greater or lefs
number : Provided, That the General Court may hereafter ProvIlV
otherwife regulate the iolls to be paid by carts and waggons,
according to the width of the feiiies of the wheels on which
they fhall run, and the burdens which they fliali carry.

Sect. 5. And be it further enaEledy That if the faid Corpo-
ration, or their toii-gatiierer, or others by them employed, fliall

uarsafonably

a3a BOSTON & H AVERH. TURNP. June 22, An. i go>

unreafonably delay or hinder any pailenger or traveller at either
of faid gates, or {hall demand or receive more toll than is \yf
this A£l eftablifhed, the Corporation fhall forfeit and pay a fum
Penalty for de- ^^^ exceeding ten dollars nor lefs than two dollars^ to be recov-
Icrs, <sc mode of ^^^^ before any Juftice of the Peace of the county where fuch
r^tovery. offence may be committed, by any perfon injured, delayed cmt
defrauded, in a fpecial action of the cafe ; the writ in which
Ihall be ferved on faid Corporation, by leaving a copy of the
fame with the Treafurer, or fome ii*lividual member of faid
Corporation living in the county where the faid action may be
brought, or by reading the fame to faid Treafurer, or individual
member, at leaft feven days before the day of trial ; and the
Treafurer of faid Corporation, or individual member, fhall be
allowed to defend the fame fiiit in behalf of the faid Corpora-
tion ; And the faid Corporation fhall be liable to pay all dam-
ages that may happen to any perfon from whom the toll is
demandable, for any damage which fhall arife from the defedl
of bridges or want of repairing faid ways ; and fhall alfo be liable
to prefentment by the Grand Jury, for not keeping the fame in
good repair.

Sect. 6. And he it further enaEiedi That if any perfon fliall
cut, break down or otherwife injure or deflroy either of faid
gates, or fhall dig up or carry away any earth from the faid
road, or in any manner damage the fame, or fhall forcibly paf's,
or attempt to pafs faid gates by force, without firfl having paid
the legal toll at fuch gate, fuch perfon fhall forfeit and pay a
-^ for injafing fi"^^ ^^ot exceeding ^/?//)' ^o//j;'x nor lefs than /t-zi dollars, to be
gates or road, recovered by the Treafurer of faid Corporation to their ufe, in
an action of trefpafs on the cafe : And if any perfon with a
team, cattle or horfes, turn out oi faid road to pafs any of the
turnpike gates aforefaid, and again enter on faid road, with an
intent to avoid any toll eflabliflied as aforefaid, fuch perfon
---for attempt- fliall forfeit and pay the fum oi two dollars, to be recovered by
the toll. ^^^^ Treafurer aforefaid, to the ufe aforefaid^ in an adtion of debt :

Provifo, Frovidedj That nothing in this Act fliall extend to entitle the

faid Corporation to demand or receive toll of any perfon who
Ihall be paffing with his horfe or carriage to or from public
worfhip, or with his horfe, team or cattle, to or from his com-
mon labour, or to or from any mill, or en the common or ordi-
nary bufinefs of family concerns within the faid town, or from
any perfon or perfons pafUng on military duty.
Shares deemed Sect. 7. And be it further enaBed, That the fhares in faid
perfonal eftatc, road fliall be deemed perfonal eflate to all intents and purpof es,
and mode of and fhall be transferable by deed, duly acknowledged before
^refSeT ^"^ ^^'^^^^ °^ ^^^ "^Q-^CQ, and recorded by the Clerk of the faid
Corporation, in a book for that purpofe to be provided and
kept : And when any fuch Ihare fhall be attached on mefne

procefst

BOSTON k HAVERH. TURNP. 7^;?^ 22, An. 1803. 533

procefs, or taken in execution, an attefted copy of fuch writ of
attachment or execution fliall, at the time of the attachment
or taking in execution, be left with the Clerk of faid Corpora-
tion, otherwife the attachment or taking in execution fliall be
void ; and fuch ftiares may be taken and Ibkl by execution in
the fame manner as other perfonal eftate, and the officer or
judgment creditor, leaving a copy of fuch execution, with the
return thereon, with fuch Clerk, within fourteen days after
fuch fale, and paying for the recording thereof, fliall be deemed
a f Lifficient transfer of the fame.

_ Sect. 8. y^.nd be it further enaBed, That the faid Corpora-
tion (hall, within fix months after the fiid turnpike road ihall Account of cs-
be completed, lodge in the Secretary's office an account of all P^nf^^s and in-
the expenfes of completing the faid road ; and the faid Corpo- '^'p *^ **
ration Ihall annually exhibit to the Governor and Council a true " '''''**^-
account of the income or dividend arifing from Md toll, with
the neceffary annual difburfements on faid road ; and the books
of the faid Corporation fliall at all times be fuhiea to the in-
fpe»!lion of a Committee to be appointed by the General Court,
or to the infpec'licn of the Governor and' Council when called
for.

Sect. 9. And he it further enaEled, That whenever any Pro-
prietor fliall neglea or refufe to pay any tax or afiefliiient duly
voted and agreed upon by the faid Corporation, to their Treaf-
urer, within thirty days after the time fet for the payment
thereof, the Treafurer of the faid Corporation is hereby author- share, of d*-
ized to fell at public vendue, the fliare or fnares of fuch delin- linquems may
quent Proprietor, one or more, as fliall be fufficient to defray ^^ ^°^'^'
faid taxes and neceflary incidental charges, after duly notifying
in one or more public newfpapers printed in the county of
^'a:, and in the newfpaper printed in Bofon by the printers to.
the General Court, the fum due on fuch fliares, and time and
place of fale, giving at leafl: thirty days previous notice thereof;
and fuch file fliall be a fu^ricient transfer of fuch fhare or fliares
fo fold to the perfon purchaflng the fame ; and on producing a
certificate from the Treafurer to the Clerk of the faid Corpo-
ration, the name of fuch purchafer, with the number of fliares
fo fold, fliall be by the Clerk entered on the books of the faid
Corporation ; and iuch perfons Ihall be confidered to all intents
the Proprietor thereof; and the overplus, if any there be, fliall
be paid on demand by the I'reafurer, to the perfons whofe
fnares were then fold.

Sect, i o. And he it further enaBed, That the General Court
may diffolve the faid Corporation, whenever it fhali apoear to J*"^ Corpora-
their latisfadion that the faid income animg irom faid toll Ihall d:iTolvcdby the
have fully compenfated the faid Corporation for ail monies they Goiicial Court,
may have expended in purchaflng, repairing and taking care of

Vol. III. 2....F

234 MASS. & CONN. LINE. 'Jme 22, An.1803.

faid road, together with an intereft thereon at the rate of tnvelve
dollars on the hundred for a year, from the time of t lie ame ;
and thereupon the intereft in the faid turnpike road {hall veit
in the Commonwealth : Provided, That if the faid Corporation
iliall neglea to complete fliid turnpike road, for the fpace of
five years from the paffing of this Ac% the fame fhall be void

and of no effetSl. , ^, , r -j r-

Sect. 1 1 . And he it further enaBed, That the faid Corpora-
, „ tion be, and it is hereby empowered to commute the rate of toll
^''' K /^ with any perfon, or with the inhabitants of any town through
Sd'^ ""^"^hich tLTr turnpike road is made, by taking of him or them
anv certain fum annually, or for a lels time, to be mutually
agreed on in lieu of the toll eftabliihed in and by this Aa.
Sect. 12. And he it further enacted. That the Hud Corpo-
Corporational- ration is hereby allowed to grant monies to luch perfons as
fowTtograirend fervices to the Proprietors in exploring tne route of

monks to cer- ^j^^ turnpike road, or otherwile, previous to this Att ot incor-
uin perfons. i^,/. ^nd the faid Corporation is hereby authorized to

purchafe and hold other real eftate, adjacent to and for the ac-
commodation of the faid road, to the amount of twenty thoujand

dollars. ^ , ^ o -n

[This Aft paffed June 22, 1803.]

Preamble.

An ACT appointing Commiffioners on the Part of
this Commonwealth, to complete the runnmg and
demarcation of the Boundary Line between this
Commonwealth and the State of Conneaicut.

WHEREAS the late CommiiTioners of this Common-
weakh and the State of Connemcut, appointed to af-
certain the boundary hne between this Commonwealth
and faid State, entered upon d.e bufmes of their appoint-
ment and made progrefs therein, hut did not complete the
Sme by reilon of'difagreement refpeaing the line between
the town of ^outh^vick and the towns of Nuffield and Granhy:
And whereas a compromife has been heretofore propofed by
ttis Commonweakh of the differences refpefting he line b -
tween faid town of ^otUhnvicK in this Commonweakh, and the

owns of Nuffield and Granhy in the faid State of Connecl.a.t
viz "That the line flaould begin from a ftation eigh rods
fou h of he fouth-weft corner of Wef -Spring field ,- and thence
run weft to the larf^e ponds-, and thence foutherly, by thofe
pond , to tVe ancient fouthline oi Wef field • and from thence

on iVii fouth line to the ancient fouth-weft corner of ,^^.
7eld • and from thence northerly, in the ancient weft line of
^^ejlfield, to the ftation in faid weft line made by Commiflion-

MASS. & CONN. LINE. June 11, An.1803. 9.'i^%

ers in the year one thoufand {Qy&x\. hundred and fourteen ;
and from thence to the fouth-\ve{l corner of Grativile :"
Which compromife is acceded to hy fliid State of Contieaicuty
and Commillioners are appointed on the part of faid State for
the piirpofe of completing the running and demarcation of
the boundary hne between the towns of Sujie/d, Granbyy Hart-
land, Colebrook, Ho'folk, Canaan, and Sali/hury, in faid State, and
the towns aJjoining them in this Commonwealth :

Sect, i • Be it the>efore emcied by the Senate and Uoiife ofRepre-
fentativesy in General Court ajjembled, and by the authority ofthefamey
That the Hon. John Hooker and Timothy BigeloWy Efqrs. and

Geo. Pe BUn. Efq. be, and they hereby are appointed Comnuf- Commiffioners
^ i"" •" 1/ ' 1 >,./-, ' I 1 r .u r r appointed, and

fioners on the part of this Commonwealth, for the purpole ot ^1^^;^. ^^^j^.^

completing the running and demarcation of the boundary prcfcribed.
line between the towns of Wejl-Springfeldj S:uthivick, Grati-
villey Southfeldy New- Marlborough, Shjie/dy and Mount-JVaJh-
ington, and any tra£t or tracVs of unincorporated land, in this
Commonwealth, and the aforef;\id towns adjoining them in the
State of ConneElicui : And the Lid Commiffioners, or any two
of them, are hereby authorized and empowered to meet the
Commiffioners appointed and vefted with fuuilar powers by
the Legiflature of faid State of ConneBicuty and, in conjun^lion
with them, to afcertain, run and mark fuch boundary line,
through the extent aforefaid \ and, at the joint and equal ex-
penfe of this Commonwealth and faid State of Conneclicut, to
ere£l durable monuments at fuch places in faid line as they
may judge proper and effeftual to prevent future miftakes and
difputes refpe^ling the fime •, which line, when fo afcertain-
ed, ihall forever afterwards be conlidered and held to be the
juft and true boundary line of jurifdiction between this Com-
monwealth and faid State of Conneaicuf ; but no variation
■which Ihall be eftabllflied by faid Commiffioners from the line
heretofore exifting, (hall affecl the private rights and titles
derived from faid Commonwealth and State refpe<ftively :
And the faid Commiffioners on the part of this Common-
wealth, or any two of them, are hereby authorized and en>-
powered to agree upon fuch principles refpedling the running
of the faid line as, from the beft evidence they can obtain,
may appear to them juft and reafonabie ; and alio to employ
fuch furveyor and chain-bearers as they may think proper, to
affift in duly afcertaining the line aforefaid : And the faid
Commiffioners, prior to their entering on the bufmefs herein
affigned to them, Ihall receive a commiffion from His Excel-
lency the Governor, under the feal of this Commonwealth,
conformably to the powers with which they are veiled by this

Aa.

Sect.

S36 BECKET TURNPIKE. 7«;2^22, An.1803.

Sect. 2. Be it further enabled by the authority aforefaid. That
there be paid out of the Treafury of this Commonwealth to

faid Commiiiioners, fu:h fum of money as His Excellency the
Governor au- _ • \ i ■ c r^ m ^i • i 1

thorized to Governor, v.'ith advice ot Council, may think proper, not ex-
draw money to ceedlng one thoufand dollar!., to enable them to defray the ex-
defray the ex- penfes of running the lines and erecting the monuments afore-
penfes. ^^- j . ^.i^^ ^^-^ Commiffioners to be accountaWe for the faith-

ful application thereof.

[This Aa pafTed June 22, 1803.]

AdditionaiAft, An ACT to eftablifh a Corporation by the Name of
juae 23. 1804. 27,^ Bccj^et Turnpike Corporation,

c "pE it etiacfed by the Senate and Houfe of Reprefenta-

■^ tives, in General Court ajjembledy and by the author-
- . ^^ ity of tl^ fame^ That Azariah Egglejlony Jof. Goodivitif Mofes
poratcd. And ^i>-'be, Nathan Dillinghnin^ Barnabas Adams, James Birchard,
courle of the jun. Henry Vtits, Abel Deivy, Ames Kingsleyy Ebcnezer TValkery
road directed, together with their affociates, fuccellbrs and affigns, be, and
they are h.ereby conflituted a Corporation by the name of The
Becket Tuinpike Corporation,^ for the purpofe of laying out, and
making, and keeping in repair a turnpike roadj from the turn-
pike road leading from Lenox court-houfe to Hartford, near
Green^Water Pond, in Becket, in the county of Berkfjire, in the
moil direct and convenient route, to the turnpike road leading
from Piitsfeld to Weflfeld, near the dwelling-houfe of Amos
Kir^g^ley, in f.iid Becket ; which road fhall not be lefs than four
rods wide, and the path of travel not lefs than eighteen feet
wide in any one place : And when faid turnpike road fliall be
approved and fo certified by the Court of Common Pleas within
and for the faid county of Berh/Jnre, or by a Committee ap-
pointed by faid Court for that purpofe, to be fufhciently made,
the (aid Corporation fhall be authorized to erect one turnpike
gate on the laid road, at fuch place as fhall be directed by faid
Jufiiices or their Committee ; and fliall be entitled to receive
from pafiengers the following rates of toll, viz. For each coach,
Toll cflabiiih- ^.j^.^^j-iQj-^ ph.ae.;on, or other four-wheel carriage, drawn by two
* * hoi'fes, tiventy-five cents, and if drav/n by more than two horfes,

an additional fum oi four cents for each horfe •, for every cart
or waggon, drawn by t\va oxen or horfes, ten cents., and if drawn
by more than two oxen or horfes, thq additional fum of thr^e
cents for each ox or horfe •, for every curricle, twenty cents ; for
every chaife, chair or other carriage, drawn by one horfe, t-vjclve
cents and five mills ; for e\'ery inan and horfe, fix csuts ,- for
every fled or Heigh, dravv-'n by two oxen or horfes, ten cc/its^ if
tlrayvn by more than two oxen or horfes, an additional fum of

two

BECKET TURNPIKE. June 22, An. 1 803. 437

two cents for each ox or horfe ; for every fled or fleigh, drawn
by one horle, fix cents ; for all horfes, mules, oxen or neat cat-
tle, led or driven, befides thofe in teams and carriages, one cent
each ; for all Iheep or Iwrne, at the rate of three cents per dozen :
Provided however, That the faid Corporation may, if they lee t< ate of toll
fit, commute the rate of toll with any perfon, or with the in- may be com-
habitants of any town, by taking of him or them a certain fum '""'ed.
annually, to be mutually agreed upon in lieu of the toll afore-
faid : And provided alfo. That no toll Ihall be taken of any perfon
paffing faid road, when on military duty, or to or from public
worfhip, to or from any mill, or about his common and ordinary
bufinefs within the town wherein he refides : And the faid
Corporation fhall, at the place where the faid toll fhall be col-
lefted, ereft and keep conliantly expoled to open view, a lign
or board, with the rates of toll of all the tollable articles fairly
and legibly written in large or capital charaders.

Sect. 1. Jnd be it further enaSled^ That t!\e faid Corpora- Corporation al-
tion may purchaie and hold lands over which they may make lowed to hold
the faid road ; and the Juftices of the Coiu-t of General Sefiions l^"'^^
of the Peace for the county of BerhJJnre are hereby authorized,
on application of faid Corporation, to lay out laid road, or any
part thereof, as with the confent of the faid Corporation they
may think proper : And the faid Corporation fhall be liable
to pay all damages which may arife to any perfon by taking his
land for fuch road, when the fame cannot be obtained by vol-
untary agreement, to be eftimated by a Committee of the Court
of General Seffions of the Peace in the county of BcrkfJnre,
faving to either party the right of trial by Jury, according to
the law which makes provillon for the recovery of damages
arifing from the laying out of highways.

Sect. 3. And be it further enaclcdy That if faid Corporation,
their toll-gatherer, or others in their employ, fliall unrealon-
ably delay or hinder any pafTenger or traveller at faid gate, or
Ihall demand or receive more toll than is by this A61: eftablilli-
ed, the Corporation fliall forfeit and pay a fum not exceeding
ten dollars nor lefs than one doHiirj to be recovered before any Penalty for «te-
Juftice of the Peace of the county where the oiFence fliall be ^^>''"g P**^^""
committed, by any perfon injured, delayed or defrauded, in a mandino- iJit*
fpecial action on the cafe ; the writ in which fliall be ferved on gal toll.
the faid Corporation, by leaving a copy of the fame with their
Treafurer, or with fome individual member of the faid Cor-
poration living within the county wherein the .a(Si:ion may be
brought, or by reading the contents thereof to the fiid Treaf-
urer, or individual member, who Ihall be allowed to defend the
fame iuit in behalf of the laid Corporation : And the fiid Cor-
poration Ihali be liable to pay all damages which fli,all happen
^o any perfon from whom t-oil is by this A6t demandable, for

any

«38 BECKET TURNPIKE. 7««^22, An.1803.

Corporation li- ^"X injury which {hall arife from defect of bridges or want of

able for dama- repairs within the fame waj"- ; and fliall alfo be liable to a fine,

ges by the road on prefentment of the Grand Jury, for not keeping the fame,

being out of ^j. j.|^g bridges thereon, in good repair : And if the fild road,

^ * or any part thereof, ihall be fuffered to be out of repair, the

Juftices of the Court of Common Pleas, or a major part thereof,

or a Committee to be by them appointed for that purpofe, may,

after notice in writing, ferved on the Clerk or Treafurer, or

any individual member of the faid Corporation, feven days

before the time of hearing, order the faid gate to be fet open ;

and immediately upon the fervice of fuch on^er, under the

hands of faid Juftices or Committee, on the Clerk of the faid

Corporation, the faid gate (hall be opened and kept open, and

no toll demanded or taken thereat until the Juftices of the faid

Court, or their faid Committee, fhall grant an order for putting

up the faid gate and the receiving the toll thereat.

Sect. 4. ^/id be it further enaBed, That if any perfon (hall

cut, break down or otherwife injure or deftroy the faid turnpike

gate, or fhall forcibly pafs, or attempt to pafs the fame by force,

without having firft paid the legal toll at fuch gate, fuch perfon

Penalty for in- {\^^\\ forfeit and pay a fine not exceeding Jifty dollars nor lefs

junii^ gate or ^j^^^ dollars, to be recovered by the Treafurer of the faid

atremptins^ to . ', .^. ^.'' r r r ait

pafs by force. Corporation to their ule, in an athon 01 trelpals: And it any
perfon fliall, with his cattle, team, carriage or horfe, turn out
of faid road to pafs the faid turnpike gate, on ground adjacent
thereto, and again enter on the faid road, with intent to avoid
the toll due by virtue of this A6t, fuch perfon fliall forfeit one
dollar^ to be recovered by the Treafurer of the faid Corporation,
to the ufe thereof, in an a<Stion of trefpafs on the cafe.

Sect. 5 . And be it further enaBed^ That the fliares in the
Shares confid- fa^g turnpike road fliall be taken, deemed and confidered to be
eftatc, & m°o"de perlonal eftate, to all intents and purpofes, and fliall and may be
of attachment transferable ; and the mode of transferring faid Ihares fliall be
prefcrihed. by deed, acknowledged before any Juftice of the Peace, and
recorded bv the Clerk of the faid Corporation, in a book to be
kept for that purpofe : And when any of faid fliares Ihall be
attached on mejne procefsy or taken in execution, an attefted
copy of fuch writ of attachment or execution fliall be left with
the Clerk of the faid Corporation, otherwife fuch attachment or
taking in execution fliall be void ; and fuch (hares may be fold
on execution in the fame manner as is or may by law be pro-
vided for the fale of perfonal property by execution j and the
officer making the fale, or the judgment creditor, fliall leave a
copy of the execution, and the ofKcer's return on the fame, with
the Clerk of faid Corporation, within ten days after fuch fale,
and paying for the recording of the fame*

Sect.

BECKET TURNPIKE. y««^ 22, An.1803. 239

Sect. 6. And be it further ejiaBcdy That a meeting of faid when & where
Corporation Ihall be helJ at the houfe of Nathan Di/iinghatn, the firft meet-
innholder in the town of L^^, in the county of Beikjlnre, O" !"S » to be
the firft Monday of Augtiji next, for the purpofe of choofing a "^ •*'
Clerk, and fuch other officers as may then and there be agreed
upon by the faid Corporation for regulating the concerns there-
of; and that the faid Corporation may then and there agree
upon fuch method of calling future meetings as they may think
proper.

Sect. 7. And be it further enaEledy That the faid Corpora-
tion (hall, within fix months after the faid road is completed. Account of ex-
lodge in the Secretary's office an account of the expenfes there- penfes, uicome,

^ o /, , ., • 1 y^ J /-> -1 and dilburle-

of; and fhall annually exhibit to the Governor and Council ^ ments to be ex-
true account of the income or dividend arifing from the faid hibited.
toll, with their neceffr.ry annual difburfements on the faid road ;
and the books of the faid Corporation fliall at all times be fubje*^
to the infpe£tion of a Committee to be appointed by the Gen-
eral Court, or to the infpedtion of the Governor and Council
when called for.

Sect. 8. And be it further enabled. That whenever any Pro-
prietor fhall refufe or negleft to pay any tax or afiefilnent, duly
voted and agreed upon by the faid Corporation, to their Treal-
urer, within iixty days after the time let for the payment thereof,
the Treafurer of the faid Corporation is hereby authorized to shares of dc-
lell at public vendue the Ihare or fiiares of fuch delinquent linquents to be
Proprietor, one or more, as fhall be fufficient to defray faid ^°^^'
taxes and neceffary incidental charges, after duly notifying in
fome newfpaper printed in the county of Berkjhiiey the fum
due on any fuch Ihares, and the time and place of fale, at leafl
twenty days previous to the time of fale ; and fuch fale fhall be
a fufficient transfer of the fhare or fliares fo fold, to the perfon
purchalmg ; and on producing a certificate of fuch fale, from
the Treafurer to the Clerk of faid Corporation, the name of
fuch purchafer, with the number of fhares lo fold, fhall be by
the Clerk entered on the book of the faid Corporation, and
fuch perlbn fhall be confidered to all intents and purpofes the
Proprietor thereof; and the overplus, if any there be, fhall be
paid on demand, by the Treafurer, to the perfon whole fhares
were thus fold.

Sect. 9. And be it further enaSledy That the General Court Corporation
may difTolve the faid Corporation, whenever ic fhall appear to may bediflblr-
their fatisfa£tion, that the income arifing from the faid toll fhall ed when the
have fully compenfated the faid Corporation for all monies they .^'^oprjet"'"s arc
may fiave expend'. a purchaling, repau'in ^ and taking care or
tlie faid roads, together with an intereft thereon at the rate of
twelve per centum by the year ; and thereupon the property of
4he faid road fhall be vefted in this Commonwealth, and be at

their

24^ CUMBER. INS. COMPANY. "June 22, An.iSo^

their dirfpofal : Provided^ That if the faid Corporation fliall

neglect to complete the faid turnpike road for the fpace of three
years from the paffing of this Ad, the fame fhall become void
and of no efFeft.

[This Aft paffed June 22, 1803.]

An ACT to incorporate yohn Taber, and others, into
a Company, by the Name of The Cumberland Marine
and Fire Infurance Company,

cjp,,-, . D-^ it enacted by the Senate and Houfe of Reprefcnta-
•^ tivesy in General Court ajjembled, and by the author-
ity of the fame, That John Taber^ John Muffey^ Stephen McLellan,
Names of per. 27jw2<7X Motley, Thoinas Wehfter, James D. Hopkins, Nathaniel F.
Ions incorpora- t ri- i 7-> i m ' rr i^ ^ r-, 7."> i ^^ r i

•cd. rojdicii, Jlnoct? IJleiyy IJaac Gage, hbene-zer Maw, and ail luch

perfons as have ah-eady, or hereafter fhall become Stockholders
in faid Company, being citizens of the United States, be, and
they hereby are incorporated, by the name of The Cumberland
M^arine and I'ire Injurance Company, for and during the term of
twenty years from and after the palling of this A<Sl ; and by that
name may fue and be fued, proiecute and defend to final judg-
ment and execution ; and they may have a common feal, which
they may alter at pleaiure -, and may purchafe, hold and convey
any eftate real or perfonal for the ufe of faid Company, fubjeft
to the reft: iflions hereinafter mentioned.

Sect. 2. Be it further enacted by the authority aforefaid. That

^ . J.- a Ihare in the capital ftock of the find Company Ihali be one

and amount of ht*"dred d'Alars, and the number of ihares fliall be two thoufand }

•aptal. and the capital ftock of laid Company fliall never exceed tnuo

hundred thoufand dollars, exclufive of premium notes and profits

arifing from faid bufinefs, of which capital ftock twenty thoufand

dollars only fhall be invefted in real eftate.

Sect. 3. Be it further enabled by the authority aforefaid. That
the ftock, property, affairs and concerns of the laid Company
©ireaors to be {SxdS\. be managed and conduiSled by feven Diredors, one of
preSbtd"'"'^^ v/iiom they fhall choofe as Prefident of the Stockholders and
Directors, and they fhall refpecftively hold their offices for one
year, and until others fhall be chofen, and no longer \ which
Diredlors, at the time of their eleftion, fhall be Stockholders,
and citizens of this Commonwealth ; and fhall be elected on
the firft Monday of Augufl in each and every year, at luch
time of the day, and at fiich place in the town of Portland as a
majority of the Diredlors for the time being fhall appoint, of
which election public notice fhall be given in the newfpapers
printed in faid town, and continued fourteen days immediately
preceding fuch eledion ; and fuch election fhall be holden under

the

CUMBER. INS. COMPANY. 7^w^22, An.1803. «4^

the infpedlion of three Stockholders, not being Directors, to be
appointed previous to every eledtion by the Directors ; and fhall
be made bv biiilot by a majority of the Stockholders prefent,
allowing one vote to each llnire in the capital ftock : ProviJeeJ, Provife.
That no Stockholder fliall be allowed more than ten votes ; and
the Stockholders not prefent may vote by proxy, under fuch
regulations as the Company may prefcrlbe : And in cafe that
by accident the faid Directors Ihall not be chofen on the firft
Monday of Aiigujl aforeiaid, it fliall be lawful to choofe them
on another day, in manner aforefaid.

Sect. 4. Be it further enicled by toe authority aforefaid j That
the Diredtors fo chofen fhall meet as foon as may be after their ^^ '^choofe ""*
election, and choofe of their own body one perfon to b^.' Prefi- Prefideat.
dent, who fliall prelide for one year, and be fworn faithfully to
difcharge the duties of his office ; and in cafe of the death, re-
fignation or d liability of the Prelldent or any Director, liich
vacancy fliall be tilled for the remainder of the year, by a fpecial
election, to be conducted in the fame manner as is herein before
dire6ted in the cafe of annual elections.

Sect. 5. Be it further cnacledy That the Prefident and three
Directors, or four Directors in the abfence of the Prefident, fhall Board of Di-
be a Board competent to tranfact bulinels ; and they ihall have ^^^^'^^^ *°^
power to make fuch by-laws, rules and regulations as to them * P " •
fhall appear needful and proper, touching the management and
difpofition of the flock, property, eftate and effects of faid Com-
pany, and the transfer of the ihares, and touching the duties
and conduct of the feveral officers, clerks and fervants employed,
and the election of Directors, and all fuch matters as appertain
to tiie bufmefs of infurance j and fhall alfo have power to ap-
point a Secretary, clerks and fervants for carrying on the faid
bufineis, and determine their compenfations, as alfo the compen-
lation of the Prefident : Providedy That fuch by-laws, rules and
i^egulations fhall not be inconfiftent with the Conflitution and
laws of this Commonwealth.

Sect. 6. Be it further enacied^ That there fliall be ftated Meetings ^f
meetings of the Directors at leaft once in every month, and as i^"«<Sors.
much oftener as the Prefident and Directors fliall deem proper ;
and the Prefident and two Dire<Slors, to be by him appointed in
rotation, Ihall afiemble dailv, if need be, for the diipatch of
bufi.iefs : And the laid Board of Dire*fi;ors, or the Prelident
and any two of them, appointed as aforefaid, at and during the
plenfure of the faid Board, fhall have power and authority on
behalf of the Company, to make infurance upon vellels, freight, what may tt
money and goods, and againft captivitv of perfons, rnd on the infured.
life of any perfon during his abfence by fea, and in cafe cf
iaioney lent upon bottomry or refpondentij. ; and ai'e a^b author-
ized

Vol. III. 2....G

543 CUMBER. INS. COMPANY. 'June 22, An. 1 803.

ized to make infurance on any mandon-houfe or other build-
ing, and on the goods and property therein contained, again ft
damage arifing to the fame by fire, originating in any caufe
except delign in the infured ; and to fix the premiums and
terms of payment : And all policies of infurance by them made
fhall be fubfcribed by the Prefident, or in cafe of his death,
iicknefs, inability or abfence, by any two of the Dire£tors, and
counteriigned by the Secretary, and fliall be obligatoi-y upon
the fiud Company, and have the like effeft and force as if under
the feal of faid Company ; and the infured may thereupon
«naintain an action upon the cafe againft the faid Company j
and all lofTes duly arifing under any policy fb fubfcribed, may
be adjufted and fettled by the Prefident and Directors, and fuch
adjuflment and fettlement fhall be binding on the Company.

Sect. 7. And be it further enacted^ That it fhall be the duty
of the Dire£lors, on the firft Mondays of Auguji and February in
, every year, to make dividends of fo much of the intereft arifing

dividend* to be ^0""! the capital flock, and the profits of faid Company, as to
«»de. them fhall appear advifeable -, but the monies received, and

notes taken for premiums on rifics, which fhall be undetermined
and outftanding at the time of making fuch dividends, fhall not
Cafes of loffes be confidered as part of the profits of the Company : And in
affeiSling the ^^fe of any lofs whereby the capital flock of the Company fliall
•»P»tal. jjg diminifhed, each Stockholder's eftate flaall be held account-

able for the deficiency which may be due on his fhare or fhares
at the time of faid lofs, to be paid as the Directors fhall order ;
and no fubfequent dividend fiiall be made, until a fum equal to
fuch diminution fhall have been added to the capital ; and once
in every two years, and oftener if required by a majority of the
Stockholders, the Dire6lors fhall lay before the Stockholders,
at a general meeting, an exa6l and particular ftatement of the
profits, if any there be, after deducting lofTes, dividends and
expenfes.

Sect. 8. Be it further enacted^ That the faid Company fiiall
to ™^ale in ^^^^ dire£tly nor indirectly deal or trade in buying or felling any
joods, &e. goods, wares, merchandize or commodities whatfoever, other
than fuch as may be abandoned to the Company by the afTured j
and the capital flock of faid Company, after being colle£ted at
each inftalment, flial!, within one hundred and twenty days, be
invefled in the funded debt of the United States^ or of this
Commonwealth, or in the flock of any of tlie incorporated
Banks within this Commonwealth, or in the flock of the Bank
of the United States, at the difcretion of the Prefident and Di-
reiflors of faid Company.

Sect. 9. Be it further enaBcd, That no perfon being a Di-
A ®'''^"°y reftor of any other Company carrying on the bufinefs of marine
cany not cligi- ^i^d fire infurance, fliall be eligible as a Diredor of the Company
ilc in this. by this A<St eflablilhed.

Sect,

CUMBER. INS. COMPANY. >;7f 22, An.1803. 243

Sect. 10. Be it further enaEied^ ThzX. Jifty dollars on each
fhare in faid Company ftiall be paid within fixty days after the ^YrTi!°* *^^
firft meeting of faid Company, and the relidue of each fhare
within one year after the faid firft payment, at fuch inftalments,
and under fuch penalties as the faid Company fliall dired j and
no transfer of any fhare in faid Company fhall be permitted,
or be vaUd, until all the inftalments made on fuch fhare fliall
have been paid.

Sect, i i. Be it further enaEled^ That the property of any

member of faid Company, vefted in the ftock of faid Company, _.

r,,, , ,. ,, r 1.1 J/-- r o- Snares may be

Ihall be liable to attachment, and to the payment and latistaction ^^)^^^ intxecu-

of his juft debts, to any of his bona fide creditors, in manner tion, and th«
following, viz. In addition to the fummons by law prefcribed '^^^^ prefcrih-
to be left with the defendant, a like fummons fhall be left with
the Secretary of faid Company ; and the debtors' fhares in faid
Company's funds, together Avith the intereft and profits due or
growing due thereon, or fo much thereof as fhall be fufficient,
Ihall thereby be held to refpond laid fuit according to law;
and all transfers of debtors' fhares not noted in the books of
the Company previous to the delivery of fuch fummons, fliall
be barred thereby \ and execution may be levied upon the
property of any Stockholder in faid Company, and his fhares
therein cxpofed to fale in the fame manner as is by law pre-
fcribed when perfonal eftate is taken in execution ; and it fhall
be the duty of the officer who extends fuch execution, to leave
an attefted copy thereof, with his doings thereon, with the
Secretary of faid Company ; and the purchafers fhall then be
entitled to the reception of all dividends and ftocks which the
debtor was previoufly entitled to : And upon any attachment
being made or execution levied on any fhare in faid Company,
it fliall be the duty of the Secretary to. expofe the books of the
Company to the officer, and to furniih him with a certificate
under his hand, in his official capacity, afcertaining the number
of fhares the debtor holds in laid Company, and the amount of
the dividend due thereon.

Sect. 12. Be it further enacted^ That in cafe of any lofs or Cafe ef Ioff«»
lofles taking place, that fhall be equal to the amount of the cap- ''^^^ *° "P""
ital ftock of the faid Company, and the Prefident or Directors,
after knowing of fuch lols or lofles, fhall f ubfcribe- to any policy
of infurance, their eftates jointly and leverally fliall be account-
able for the amount of any and every lofs that fhall take place
under policies thus fubfcribed.

Sect. 13 Be it further etiaSled, That the Prefident and
Diret^lors of faid Company fhall, previous to their fubfcribing ^'^'*"'^t «^
to any policy, and once in every year after, pubhfh in tiie publiflied and
Portland newlpapers, the amount of their ftock, againft what whit is to b«.
rifks they mean to iniure, and the largeft fura they mean to infurcd.

take

^244 PORTL.MAR.&FIREINS. CO. June 22, An.i^oi,.

Ppvlfo. t^'se on any one riik : Provided^ That the faid Prefident and

Diredlors Ihail not be allowed to infure on any one rifle a larger
fum than ten per centum of the amount of the capital flock
actually paid in.

Sect. 14. Be it further enacted-^ That the Prefident and

Statement to Oiredtors of faid Company fliall, when, and as often as required

be laid before by the Legiflature -of this Commonwealth, lay before them a

<he Legifla- ftatement of the affairs of faid Company, and fubmit to an ex-

"amination concerning the fame under oath.

Sect. 15. Be it further emcted. That John Taher^ John
MuJ/ey, and Stephen AIcLellnn, are hereby authorized to call a
meeting of the members of faid Company as foon as may be,
Firft meetinsr |j^ Portland, by advertizing the fame two weeks in the Portland
afs, nevvlpapers, previoufly to fuch meetmg, for tne purpofe of elect-

ing the firll: Board of Directors, who fliall continue in ofKce
until the firfl Monday of Augujl, one thoufand eight hundred
and four.

[This A(5l pafTed June 22, 1803.]

An ACT to incorporate William Widgery, Efq. and
others, into a Company, by the Name of Tbe Pcrt-
. land Marine and Fire Infurance Company.

Opp-. fy^ ii enaBcd by the Senate and Houfe of Reprefenta-

liicorporatin'' ' ' tiveSy in General Court affemhled., and by the author^

daufe. ity of the fame^ That William Widgeryy Jofiah Cox^ Jo/Jjua

Richardfon, David Grcen^ Walter Smionton^ J^^fi^^o. Rogers, and

all fuch perfbns as have already, or hereafter fhall become

Stockholders in faid Company, being citizens of the United

States, be, and hereby are incorporated into a Company and

3ody Politic, by the name of The Portland Marine and Pire

J?}furance Company, for and during the term of twenty years

after the paiflng of this Aft j and by that name may fiie and

be fued, plead or be impleaded, appear, profecute and defend

to final judgment and execution, and have a comnion feal, which

they may alter at pleafure ; and may purchafe, hold and convey

any eftate, real or perfonal, for the ufe of faid Company, fub-

jecl to the reftriilions hereinafter mentioned.

- Sect. 2. Be it further enaBed, That a fhare in the capital

ihares cndca-)- ^ock of the faid Con:ipany fliall be one hundred dollars, and the

ital ftock. number of fhares fhall be two thoufand ; and the capital fcock

of faid Company flaail never exceed tivo hundred thoufand dollars,

exclufive of premium notes, and profits arifing from faid bufi-

r.efs; of which capital flock twenty ihoufafid dollars only fhall

be inverted in real eilate.

Sect. 3. Be it further enacied, Thzt the flock, property,
arTairs and concerns of the (aid Corupr.ny fliall be managed and

-- conduced

PORTL.MAR.&FIREINS.CO. June 22, AT\,ito7,. *4S

condudled by feven Directors, one of whom fliall be the Prefi- cireaors t*
dent thereof, who fliall hold their offices for one year, and until be chofen, and
others fhall be chofen, and no longer ; which Diredors Ihall, ^'^'^'^^''^^^'J'^^lj^^-
at the time of tlieir ele(51:ion, be Stockholders, and citizens of
this Commonwealth ; and (hall be elected on the firil: Tuefday
of Auguji, in each and every year, at fuch times of the day, and
at fuch place in the town of Portland^ as a majority of the Di-
rectors for the time being {hall appoint, of which election public
notice fhall be given in the newipapers printed in the town of
Portlandy and continued for the fpace of foiu-teen days immedi-
ately preceding fuch election ; and fuch election fhall be holden
under the infpection of three Stockholders, not being Dire£lors,
to be appointed previous to every election by the DIredlors,
and fliall be made by ballot, by a majority of the votes of the
Stockholders prcfent, allowing one vote to each fhare in the
capital ftock : Provided^ That no Stockholder fhall be allowed provlfo refpe»,
more than thirty votes \ and the Stockholders not prelent may ting votes,
vote by proxy, under fuch regulations as the Company may
prefcribe ; And in cafe of any unavoidable accident the iaid
Direftors fhall not be chofen on the faid firft Tuefday of Augiijl
as aforefaid, it fhall be lawful to choofe them on another day,
in manner herein prelcribed.

Sect. 4. Be it futther enacled^ That the Direftcrs fo chofen
fhall meet as foon as may be after fuch election, and fliall choofe t*'"^*'" *•
out of their body one perfon to be Prefldent, who fhall prelide pj.eQdent ^^^
for one year, and be fworn fiuthfully to difcharge the duties of
his office ; and in cafe of the death, refignation or difability of
the Prelident or any Director, fuch vacancy or vacancies fliall
be filled, for the remainder of the year in which they may
happen, by a fpecial election for that purpofe, to be held in the
fame manner as is herein before directed refpedting annual elec-
tions for Dire^Stors and Prefldent,

Sect. 5. Be it further etmcled, That the Prefldent and three
Directors, or four Directors in the abfence of the Prefldent, Board of Du
fhall be a Board competent to traniatft buflnefs ; and they fliall rector*, and
have power to make and prefcribe fuch by-laws, rules and regu- t^*^'"^ powers,
lations as to them fliall appear needful and proper, touching the
management and difpofltion of the ftock, property, eftate and
efl'ects of faid Company, and the transfer of the fhares, and
touching the duty and conducTt of the feveral officers, clerks and
fervants eir.ployed, and the election of Directors, and all fuch
patters as appertain to the buflnefs of infurance ; and fhall alfo
have power to appoint a Secretary, and lo many clerks and fer-
vants for carrying on the faid buflnefs, and with fuch falaries
and allowances to them, and to the Prefldent, as to the faid
Board fli-vll feem meet : Provided , That fuch by-laws, rules
and regulations fliall not be repugnant to the Ccnflitution or
liiws of this Commcnwealth.

Sect,

24<5 PORTL.MAR.&FIREINS. CO. 7«;7tf 22, An.1803.

Sect. 6. Be it further enaBed, That there fhall be ftated
, meetings of the Dire(Slors at le-aft once in every month, and as
diiily meetings I'nuch oftener as the Prefidcnt and Directors fhall deem proper ;
of Pr( iident and the Prefident and two Diredtors, to be by him appointed in
& DireAors rotation, Ihall affemble daily, if need be, for the difpatch of
bufinefs j and the faid Board of Dire(flors, and the Prefident,
and any two of them, appointed as aforefaid, at and during the
pleafure of the faid Board, fliall havcr power and authority, on
Wtiaf are tote behalf of the Company, to make infurance upon velTels, freight,
lifurcA money, goods and effects, and againft captivity of perfons, and

on the life of any perfon during his ahfence by fea, and in cafe
of money lent upon bottomry and rejpondentia ; and are alfo au-
thorized to make infurance on any manlion-houfe or other
building, and on the goods and property therein contained,
within this Commonwealth, againft damage arifing to the fame
by fire, originating in any caufe except that of deiign in the
infured'i and to fix the premiums and terms of payment : And
. all policies of infurance bv tliem made fhall be fubfcribed by the
!!,;j!r'''" Prefident, or in cafe of his death, ficknefs, inability or abfence,
by anv two of the Directors, and counterhgned by the secre-
tary, and ihall be binding and obligatory upon the faid Com-
pany, and have the like effe£t and force as if under the feal of
faid Company J and the infured may hereupon maintain an
action upon the cafe againft the faid Company ; and all lofle*
duly arifing under any policy fo fubfcribed, may be adjufted and
fettled by the Prefident and Board of Directors, and the fame
ihall be binding on the Company,
Semi-annnal Sect. 7. Be it further ennEled^ That it flaall be the duty of

dividend*, to be the Directors, on the fecond Tuefday of February and Augiifl in
wade. every year, to make dividends of fo much of the intereft arifing

from the "capital liock, and the profits of the faid Company, as
to them fliiii appear advifeable •, but the monies received, and
the notes taken for premiufus on riiks, which ihall be undeter-
mined and outftanding at the time of making fuch dividends,
Ihall not be confidered as part of the profits of the Company :
C f of 1 ff •^"'^ ^^ ^^^® "^^ ^^y ^°^^ °^ lofi'es whereby the capital ftock of
jffeaing tht the Company fiiall be lefi"ened, each Proprietor or Stockholder's
capital. efiate flirJl be held accountable for the deficiency that may be

due on his ihare or fhares, at the time of faid lofs or lofi^es
taking place, to be paid in to the iaid Company by afi^effments,
or inch other mode, and at fuch time and place as the Directors
fhall order ; and no fubfequent dividend fhall be made until a
fum equal to fuch diminution fiiall have been added to the
capital ; and that once in every two years, and oftener if re-
quired by a m.^jority of the Stockholders, the Directors ihall
lay before the Stockholders, at a general meeting, an exact and
particular ftatement of the profits, if any there be, after dedudt-
ing loiTes, dividends aiui expenlea.

PORTL. MAR. & FIRE INS. CO. 7«M^22,An.i8o3. 247

Sect. 8. Be it further enoBedy That the faid Company (hall Company not
not directly or indire<Stly deal or trade in buying or felling any to trade,
goods, wares, merchandize or commodities whatfoever, other
than fuch as may be abandoned to the Company by the aiTireJ ;
and the capital llock of faid Company, after being colledt.^d at
each inftalment, fhall, within one hundred and twenty days, be fnveftmcnt of
invefted in the funded debt of the United Stntesy or of t'nis "^P'"^ ^"^"-^
Commonwealth, or in the ftock of any of the incorporated
Banks within this Commonwealth, or in the ftock of the Bank
of the United States, at the difcretion of the Prelident and Di-
re<Slors of faid Company.

Sect. 9. Be it further enncied, That no perfon being a Di- Dire<aor^ of
rector of any other Company carrying on the bufinefs of marine *'*'^''' ^-^''nip*-
and fire infurance, fliall be eligible as a Director of the Company Tj" "?^ '^''^''
by this Acl eftablilhed. ' '" ' '''

Sect. 10. Be it furthtr enaBedy That fifty dollars on each
fhare in faid Company Ihall be paid within lixty days after the Payment for
firft meeting of the faid Company, and the remaining fum due ftiarcs.
on each ihare within one year after the faid firll payment, at
fuch inftalments, and under fuch penalties as the faid Company
{hall direft ; and no transfer of any fhare in f lid Company Ihall
be permitted, or be valid, until all the inftalments made on fuch
fliare fhall have been paid.

Sect. ii. Be it further enaciedy That the property of any
member of faid Company, vefted in the ftock of faid Company, ^J^Sment, &
ihall be liable to attachment, and to the payment and fatisfaftion mode, &c pre-
of his juft debts, to any of his bona fide creditors, in manner fcribed.
following, viz. In addition to the lummons by law prefcribed to
be left with the defendant, a like fummons fhall be left with the
Secretary of faid Company ; the debtor's fhares in faid Com-
pany's funds, together with the intereft and profics due or
growing due thereon, or fo much thereof as fhall be fufficient,
Ih.dl thereby be held to refpond faid fuit according to law ; and
all transfers of the debtor's fliares, not noted in the books of tha
Company previous to the delivery of fuch fummons, fhall be
barred thereby ; and execution may be levied upon the prop-
erty of any Stockholder in faid Company, and his fhares therein
expofed to fale in the fame manner as is by law prefcribed
where perfonal eftate is taken by execution ; and it fliall be the
duty of the officer who extends fuch execution, to leave an
attefted copy thereof, with his doings thereon, with the Secre-
tary of faid Company ; and the purchafers fhall thereupon be
entitled to the reception of all dividends and ftocks which the
debtor was previoully entitled to : And upon any attachment
being made or execution levied on any fhare in faid Company,
it fhall be the duty of the Secretary to expofe the books of the
Company to the oiELcer, and to furniih him with a certificate

und<^

24^ WILTON. June 22, An,iSo2»

under his hand, in his official capacity, afcertaining the number

of {hares the debtor holds in faid Corfipany, and the amount of

the dividend due thereon.

Cafes of lofTes '^^CT* 12. £e it further enaBed^ That in cafe of any lofs or

equal to the lolTes taking place that fliall be equal to the amount of the capi-

•apital ftock. tal ftock of the faid Company, and the Prefident or Direftors,

after knowing of fuch lofs or lofTes taking place, Ihall fubfcribe

to any policy of infurance, their eftates jointly and feverally ihall

be accountable for the amount of any and every lofs that fhall

take place under policies thus lubfcribed.

AmcJiint of SfiCT. 13. Be it further enaFxedy That the Prefident and

ftock to be Directors of faid Company fhall, previous to their fubfcribing

publiftied, ai.d to any policy, and once in every year after, publifh in the

rilks" infurance ^'"■'"'''^'''^ "^^"''^P'^P^''^"^' ^^^ amount of their fcock, againfl what
%ill be made, rifks they mean to infure, and the largeft f am they mean to
take on any one rifk : Provided neverthdefs^ That the faid Prefi-
dent and DireiSlors fhall not be allowed to infu» on any one
rifk a larger fum than ten per centum of the amount of the cap-
ital ftock of faid Corporation actually paid in.

Sect. 14. Be it further ena&edf fhat the Prefident and
Statement to Directors of faid Company fhall, when, and as often as required
l!f"iQft^urr*''' ^^ ^^'^ Legiflature of this Commonwealth, lay before them a
ftatement of the affairs of faid Company, and iiibmit to an ex-
amination concerning the fime under oath.

Sect. 15. Be it further enaBed^ Th-^X. Elias Thomas, Jofiah
Perfons au- Qox, and JofJrua Richardfsn^ are hereby authorized to call a
«heT-ft ^° '^V "^^^^"^S o^ ^^'^^ members of faid Company as foon as may be,
bg. ' in Portland^ by advertizing the fame for two weeks in the Port-

land newfpapers, previous to fuch meeting, for the purpofe of
electing the firft Board of Directors, who fhall cominue in office
until the firft Tueiday of Augujly one thoufand eight hundred
and four.

[This Aa pafTed June 22, 1B03,]

An ACT to incorporate the Plantation called Tyng-
iozvn into a Town by the Name of VViltoiz.

r D^ ii etuiBed by the Senate and Hottfe of Rcprefcnta-

-^ fives, in General Court aiTembled, and by the authcr-

ity of the fame. That the plantation called Tyr.gtoivn, as defcri-

bed v/ithin the following limits, with the inhabitants thereon,

be, and they are hereby incorporated into a town by the name

of Wilton : Beginning at the louth-eaflerly corner of Temple ;

2ie"^town of 1^1'^encc running fouth-wefterly on the foutherly line of Tempky

WUtou. to the fouth corner thereof; thence foutherly, on the eafterly

line of townfliip No. 4, to the northerly line of Dixfield ; thence

eaflerly, on the northerly line of Dixflsldy to the Vv'cflerly line

KAMES CHAiSFGEI). yune 22, Kn.iioy, 249

of Jay ; then northerly, on the wefterly line of Jay, to the
north-eafterly corner thereof j then eafterly, on the norther-
ly line of Jay, to the north-eafterly corner of Chejlervtlle ; then
north-eafterly, on the north-wefterly line of Chejierville, to the
fouth-wefterly line of Farm'wgton ,- then northerly, on faid
line of Farm'mgton, to the firft-mentioned bounds : And the
faid town of Wilton is hereby vefted with all the powefs, priv-
ileges and immunities to which other towns are entitled by the
Conftitution and laws of this Commonwealth.

Sect. 2. And be it further enaSiedy That Solomon Adams, Solom. Adams
Efq. be, and hereby is authorized to iiTue his warrant, direifted ^",1^?"^^*^ **
to fome fuitable inhabitant in faid Wilton, requiring him to no- j" ^ m e -
tify and warn the inhabitants of faid Wilton, qualihed by law
to vote in town affairs, to meet at fuch time and place as flaall
be directed in faid warrant, to choofe all fuch officers as towns
in this CoiTimonwealth are by law required to ehoofe in the
months oi March or April annually.

[This A(St pafled June 22, 1803.]

An ACT to change the Names of Enoch Rujl Ridgway^

George Parbury, Catharine Powell Archbald, Brad-

Jlreet Story ^ Samuel Bradley, '^nn. and Samuel Goddard,

I'^B it enabled by the Senate and Hoiife of Repreferitctives, in
■'^ General Court ajfemhled, and by the authority oj the fame,
1'hat Enoch RuJl Ridgiuay, of Bojlon, fhuU be allov/ed to take
the name of Enoch Henry Rujl : That George Parbury, fon of
George Parbury, late of Baltimore, now relident in BoJion, fhall
be allowed to take the name of George Parbury Pollen : That
Catharine Powell Archbald, of Bo/lon, dzughter of Francis Arch'
bald, of Penobftot, fliall be allowed to take the name of Cathar^
ine Goldthivait Poiuell : That BradJlreet Story, of Bojlon, fon of
the Rev. Ifaac Story, late of Marblehead, Ihall be allowed to
fake the name of Dudley Story BradJlreet : That Samuel Brad"
ley, jun. now refident in Bojlon, fon of John Bradley, of Con-
cord, in the State of Neiu-Hampjtoire, {hall be allowed to take
the name of Samuel Ayer Bradley ? and that Safnuel Goddard,
of Bo/lon, fon of Samuel Goddard, of Roxbury, fhall b& allowed
to take the name of Samuel Brewer Goddard : — And each of
the perfons before-named fhall, in future^ be refpe(5lively
known and called by the names which they are feveraily al-
lowed to take as aforefaid ; and the fame Ihall be confidered
gks their only proper names to all intents and purpofes*
[This Ad pafled June 22, 1803 .J

Aa
Vol. hi. g....H

ft5* PENOBSC. CONG. SOCIETY. June 22, An.1803.

An ACT to incorporate a Number of the Inhabitants
of the Town oi Penobfcot^ in the County of Hancock,
into a Religious Society by the Name of The Firji

Co7igregational Society in Penohfcot.

c ._ TyE it enaEled by the Senate and Houfe of Reprefenta-

tiveSfin General Court ajjlmbh'd, and by the author-
Names of per- '^-^ of the fame^ That David Dunbar^ David Halves y Benjamin
fons incorpora- Dodge., John Wajfony Jotham Stover^ Peletiah Leach^ Caleb Bozu-
tei den, Paul Bjwden, Theodo'-e Bnoden, Ifaac Hatch, Eldad Heathy

Jery Stover, John Hart, Jery Stcver, jun. Ralph Devereaux, Jo-
f*iph Devereaux, John Bridges, Henry Bridges, Ifaac Bridges, jun.
Theodore Boivden, Daniel Clement, Ifaac Clement, Rufus Bo'wden^
Ifaac Bridges, Ebenezer Boivden, the 3d, Thomas Boivden, Amos
Boivden, Ebenezer Boivden, John Snoivman, David Dunbar, jun.
John JVhiie, John Wefcoit, Giles Johnfon, David Wefcott, Jofeph
Gray, John Lord, Jery Lord, Jacob Boivden, Peletiah Taplay,
Samuel Nichols, J^^i/Ham Blcdget, Nathaniel Veazey, James Vea-
zey, John Boivden, Merrill Heath, and George Roberts, together
with fuch others as ihall hereafter aflbciate with them, with
their polls and eilates, be, and they are hereby incorporated
into a Religious Society by the name of The Fitfl Congrega-
tional Society in Penabfcct ; with all the powers, privileges and
immunities to which parifhes are by law entitled in this Com-
monwealth.

Sect. 2. Be it further enabled, That the faid Society be,
iPews may l»c and hereby is authorized and empowered to fell or leafe the
leafed or fola. pg-^vs in the meeting-houfe which is or may hereafter be erect-
ed by faid Society, and to give deeds to convey the fame ;
and the monies or other profits or emoluments arillng there-
from, after payment of expenles for building faid houfe, (hall
be applied exclufively to the fupport of religious worlhip in
Pr»vir«. the faid meeting-houfe : Provided however. That nothing here-

in contained (hall be conftrued to deprive the inhabitants of
faid town of the right to aflemble in faid meeting-houfe, ia
town-meetings, for the tranfaction of town affairs.

Sect. 3. And be it further enacted. That any other per-
Hcw to be. for^ who fliall actually become a member of, and unite in re-
«ome a mem- ligious worftiip with the faid Firft Congregational Society, by
ber of the So- giving in his or her name to the town-clerk of faid Penobfcot,
**'^^* with a certificate figned by the Minifl:er or Clerk of faid Soci-

ety, that he cr flie has acSlually become a member of,
and united in worihip with faid Firft Society in Penobfcct,
Ihall, from and after giving in fuch certificate, with his or her
polls and eftates, be confidered as a member of the faid Soci-
«ty.

Sect.

STAND. BAPTIST SOCIETY. June 22, kn.i^o'^, 251

Sect. 4. And be it further enaEIed, That when any mem-
ber of the faid Firfh Society In Penobfcot {hall fee caufe to leave j^^^ ^^ j^^^^
the fame, and unite in religious worfhip with any other relig- the Society,
ious Society, and fhall give in his or her name to the Clerk of
fuch other Society, and obtain a certificate ligned by the min-
ifter or Clerk of fuch other religious Society with vrhich he
or ihe may fo unite, that he or fhe has aftually become a
member of, and united in religious worfhip with fuch other
parifh or religious Society, fourteen days previous to their an-
nual meeting in March or April, and Ihall previoufly pay his
or her proportion of all monies affefled in faid Society, and
alfo the amount due from him or her refpe£lively on any agree-
ment figned by him or her for the fupport of a Minifter, fuch
perfon fliall, from and after the date of fuch certificate, with
his or her polls and eftate, be confidered as a member of the
Society to which he or ihe has fo united.

Sect. 5. And be it further enncled. That any Juftice of the juftice of the
Peace in faid county of Hancock, upon application made to Peace to iffue
him in writing therefor, be, and hereby is authorized to iflue warrant for
his warrant, dircfted to fome member of the faid Firft Con- *""^ nieetmg.
gregational Society in Penobfcot, requiring him to notify the
members thereof, qualified to vote in parifh afi^airs, to afi^em-
ble at fuch convenient time and place as fhall be exprefled in
the faid warrant, to choofe fuch officers as parifhes are by law
required to choofe in the month of March or April annually ;
and to tranfa<^l all other matters and things neceffary to be
done for the well being of the fi^id Society.

[This Ad paired June 22, 1803.3

An ACT to incorporate a Number of the Inhabitants
in the Town of Standifh, in the County of Cinnher'
land^ into a diftincl Religious Society by the Name

of The Firfi Bapfiji Society in Standifh.

Sect

T)E it enacted by the Senate and Houfe of HeprefentcM
-*-^ lives, in General Court ajfembled, and by the author-
ity of the fame. That Sargent Shatu, Simon Moulton, Samuel
Rich, Enoch Shaw, David Sanbourn, Jofiah Hnrmon^, Jofeph ^-^^^ hico^o-
Shaiu, David Decker, Lydia Richardfn, Timothy Berry, IVilliam rated.
Hall, jun. John Plaifled, Flliot Hatin'^n, Ebenezer Morton, Ifaac
Letherby, John GruTi, Jonathan Ward, Peter fVhite, Jonathan
HaJkell, Ephraim Crocket, Joines Gray, John Sawyer, Jofiah
Moulton, Samuel Shaic, Aaron Richard/on, David Richardfon,
Thomas Richardfon, Zechariah Rich, Jofeph Shaiu, jun. Jonathan
Moulton, Daniel Thomas, Enoch W hiinc\, and James Sm.th, v/ith
their families and eftates, together with fuch other of the in-
habitants

«53 ESSEX TURNPIKE. >;!^ 22, An, 1803,

habitants of faid town of Stnndlfh gs have aflbciated, or may
hereafter at any time within two years from the paffing of this
Ad aflbciate themfelves for that purpofe, in the manner
hereinafter defcribed, be, and hereby are incorporated into a
j:eligious Society by the name of The FirJ} Baptijl Society in
Standijh, with all the powers, privileges and immunities to
which other parifhes in this Commcnwealth are by law enti-,
tied.

Sect. 2. Be it further enacled by the authority aforefaid^ That
_- t Ti - ^"y perfon or perfons in the town aforefaid, being of the Bap-
c<me a mem- tift denomination aforefaid, who may a(5lually become a mem-
bt?- ber of, and unite in religious worlhip with the Society afore-

faid, within the time limited in the firft fedlion of this Aft, by
giving in his or her name to the Clerk of faid town, with a cer-
tificate figned by the Minifter or Clerk of faid Society, that
he or fhe has actually become a member of, and united in re-
ligious worfhip with the Society aforefaid, fliall, from and af-.
ter giving in fuch certificate, with his or her polls and eftate,
be confidered as a part of faid Society : Provided hoiveverfTh-Zt
fuch perfon or perfons fliall be held to pay their proportion
of all monies affefi^ed in faid town previous to that time.

Sect. 3. And be it further enabled, That John Deane, Efq.
pr fome other Juftice of the Peace in faid county of Cumber-
land., be and hereby is authorized and empowered to iiTue his
warrant, directed to fome fuitable member of faid Society, re-?
quiring him to notify and warn the members of faid Society,
to meet at fuch time and place as fhall be appointed in faid
warrant, to choofe fuch officers as pariflies in this Common-
wealth are by law entitled to choofe in the months oi March
or April annually.

[This Aft paired June 22, 1803,]

An ACT to eilablifli a Corporation by the Name of

The EJfex Turnpike Corporation,
yre&jnble, Xl^THEREAS turnpike roads are now opened and about to
"y Y ^^ opened, from the northern part of the State of
Nciv-Hampfjire, towards Bofcn and Stilemj in Maffachufetts^
and alfo from the upper part of the State of Vermont, through
the weilern part of New-Hamp/Jjire, direfted likewife towards
Bcfon and Salem, till they (ball meet the line of M-aJfachr/fetts ,-
which faid roads are expefted to unite near (aid line with a
view of croffing Merrimack River at Andover Bridge : And
whereas the continuing of faid turnpike roads, from the place
where they (hall enter this Commonwealth towards the towns
pf Bo/Ion and Salem, fo far as the roads are now circuitous and
bail, will be of great public utility *, and Zebadiah Holt, and

others,

ESSEX TURNPIKE. 7z/«<-22, An.1803. 253

others, have petitioned this Court for an Aa of incorporation,
to empower them to lay out and make faid roads : Therefore,
Sect. i. Be it enaBed by the Senate and Hcufe of Reprefentn.
fives, in General Court affembled, and by the authority of the fame.
That Zebediah Holt, Stephen Barker, George D- Herrich, Benjfl- Names of per-
Vzin Ofgood, Ifaac Bodivell, Neheminh Abbot, John Abbot, Samuel ions mcorpora.
Farrow, John L. Abbot, and Benjamin Ames, and all fuch per-
fons as are or (hall be afTociated with then>, and their fucceffors,
ihall be a Corporation by the name of T^e EJftx Turnpike Corpo-
ration ; and ihall by that name fue and be fued ; and Ihall have
a common feal, and enjoy all the privileges and powers which
are by law incident to a Corporation, for the purpofe of laying
out and making a turnpike road, and keeping the fame in repair j
that is to fay, a road beginning at the line of the State of New-
HanipfJjire, when the aforefaid road fliall enter this Common-
wealth, to be continued on a courfe fouth twenty-four and an Courfe of the
half degrees eaft, as nearly as poffible, to Andover Bridge, fo road,
called ; thence fouth about thirteen degrees eaft, continuing
the Bojlon road till it interfeds the Haverhill poft road to Bofion,
near the fouth meeting-houfe in Andover ; thence fouth thirteen
degrees eaft, or nearly fo, till it meets the line of the county of
Middle/ex, near the dwelling-houfe of Mr. Jofeph Holt, in Read-
ifig ; the Salem road to proceed from Andover Bridge, on as
ftraight a line as is found prafticable, to the ftore of Capt. Nathan
Felton, in Danvcrs,

" Sect. 2. And be it further enaBed, That the abovementioned
perfons, or any three of them, may, by an advertifement in the Firft ^^"J«t%
Salem Gazette, printed in Salem, and in the New-Eu gland Bid- °^^ 'J^ '^^J^^
ladium, printed in Bofon, call a meeting of the faid Proprietors, buCnefs is tc^
to be holden at any fuitable time and place, after fifteen days be tranfa<ac4.
from the publication of faid advertifement ; and the faid Pro-
prietors, by vote of th? majority ofthofe prefent or reprefented
at the faid meeting, (in all cafes accounting and allowing a vote
to each ftngle fliare) ftiall choofe a Clerk, who ftiall be fworn to
the faithful difcharge of his duty, and who fliall agree on a
method for calling future meetings -, and at the fame or at any
iubfequent meeting may make and eftablifli any rules and reg-
ulations that fliall be necelTary or convenient for regulating the
faid Corporation, for efteaing, completing and executing the
purpofes aforefaid, or for collefting the toll hereafter granted ;
and the fame rules and regulations may caufe to be kept and
executed, or for the breach thereof may order and enjoin fines
and penalties, not exceeding thirteen dollar^ and tlmfy-three cents
for any breach thereof, provided fuch rules and regulations are.
not repugnant to the laws or Conftitution of this Common-!
wealth : And the faid Proprietors may alfo choofe and appoint
any other ofHcer or officers that they may deem necelfary ; and

all

854 ESSEX TURNPIKK. Jww^ 22, An.1803.

ual record ^^^ reprefentations at any meeting fliall be proved in writing,
«e"be kept. figned by the perfon rr.aking the fame, which fhall be filed with
and recorded by the Clerk ; and this A£l, and all rules, regula-
tions and votes of the faid Corporation, (hall be fairly and truly
recorded by the faid Clerk, in a book or books to be provided
and kept for that purpofe : Provided alfoy That no one Propri-
etor in this Corporation fhall have, in his own right, more than
twenty votes.

Sect. 3, JJnd be it further enaBed, That the fame turnpike
road Ihall be laid out and made by the faid Corporation of
Width ©f the fufficient width in every part thereof for the accommodation of
road. the public, that is to fay, four rods wide through the whole of

faid road, and the made way or path for travelling fhall be of
fufficient width, and not lefs than thirty-two feet wide in any
part thereof ; and when the faid road fliall be fufficiently made,
and fliall be fo allowed by any three men to be appointed by
His Excellency the Governor of this Commonwealth, for that
purpofe, then the faid Corporation fhall be authorized to erect
three turnpike gates, at fuch convenient diftances within the
wrdrr* *" fi^id road, as a majority of the Proprietors by them or their
officers fliall dire£t : Provided^ That neither of the gates afore-
faid fhall be placed on any part of the roads heretofore travel-
led ; and fhall be entitled to receive at each one of the faid
gates, from each traveller and pafTenger, the following rate of
toll, viz. For every coach, phaeton, chariot, or other four-wheel
T II fta' I'fli- carriage, for the conveyance of perfons, drawn by two horfes,
^ twenty-five centsy and if drawn by more than two horfes, an

additional fum oi four cents for each horfe ; for every cart,
waggon, fleigh or fled, or other carriage of burden, drawn by
two oxen or horfes, tivelve and an haf centsy and if by more
than two, an additional fum of three cents for every fuch ox or
horfe ', for every curricle,^x/^f« cents ,• for every fleigh, for the
conveyance of paflengers, drawn by two horfes, tnuelve and an
haf cents, and if drawn by more than two, an additional fum of
three centf for each horfe ; for every fled or fleigh, drawn by
' one horfe, ten cents ; for every chaife, chair or other carriage,

drawn by one horfe, twelve and an haf cents ; for every man
and horfe, five cents ; for all oxen, horfes and neat cattle, led
or driven, befides thofe in teams and carriages, one cent each j
for all flieep and fwine, three cents by the dozen, and in the
fame proportion for a greater or lefs number : Provided, That
the General Court may hereafter otherwife regulate the tolls to
be paid by carts and waggons, according to the width of the
fellies of the wheels on which they fhall run, and the burdens
which they fhall carry.

Sect. 4. And be it further enacled. That faid Corporation
inav purchafe and hold any land over which they may make

faid

ESSEX TURNPIKE. >;7ff 22, An.1803* ^s5

faid road ; and the Juftices of the Court of General Seffions of ^tlTf'T m

--,. _„_ ,, i-j lowea to noid

the Peace m the county of EJ/ex are hereby authorized, on ig^j. 3,,^ the
application from the faid Corporation, to lay out fuch road, or Juftices of the
any part thereof within the faid county, as with the confent of ^^''^'^'^ "^
the Corporation they may think proper : And the faid Corpo- ti^.j^^ej ^^ ^"^
ration fhall be holden to pay all damages which fliall arife to out the road,
any perfon by taking his land for fuch road, where it cannot
be obtained by voluntary agreement, to be eftimated by a Com-
mittee appointed by the Court of General Seffions of die Peace
in faid county, faving to either party a right of trial by Jury,
according to the law which makes provilion for the recovery
of damages happening by laying out public highways.

Sect. 5. Jlml be it further enaEied^ That if the faid Corpo-
jcation, or their toll-gatherer, or others by them employed, ftiall
unreafonably delay or hinder any paffenger or traveller at either
of faid gates, or fhall demand or receive more toll than is by
this Acl eftabllfhed, the Corporation iliall forfeit and pay a fum
not exceeding ten dollars nor Icis than two dollar Sy to be recov- Penalty for d*-
ercd before any Juflice of the Peace of laid county of EJfex., by laying paffcn-
any perfon injured, delayed or defrauded, in a fpeciai adlion ^^^J^m"^.! '''iT
of the cafe ; the writ in which ihall be ferved on laid Corpo- * *
ration, by leaving a copy of the fame with the Treafurer, or
fome individual member of faid Corporation living in faid coun-
ty, or by reading the fame to faid Treafurer, or individual
member, at leaft I'even days before the day of trial •, and the
Treafurer of faid Corporation, or individual member, fhall be
allowed to defend the fame fuit in behalf of the laid Corpora-
tion : And the faid Corporation (hall be liable to pay all dam-
ages that fhall happen to any perfon from whom the toll is
demandable, for any damage which fliall arife from the defedl
of bridges or want of repairing faid ways ; and fliall alfo be liable
to prelentment by the Grand Jury, for not keeping the fame in
good repair.

Sect. 6. And he it further enaBedy That if any perfon
fliall cut, break down or otherwife deftroy any of faid
gates, or fhall dig up or carry away any earth from the faid
roads, or in any manner damage the fame, or ihall forcibly pais,
or attempt to pafs by force faid gates, without firft having paid
the legal toll at fuch gate, fuch peribn fhall forfeit and pay a
fine not exceeding_;5/?ji dollars and not lefs than ten dollars^ to be — for wilfully
recovered by the Treafurer of faid Corporation to their ufe, in injuring the
an adtion of trefpafs on the cafe : And if any perfon with a ^''''^* *"^ ^^
team, cattle or horfes, turn out of faid road to pafs any of the
turnpike gates aforefaid, and again enter faid road, with an
intent to avoid any toll eflablifhed as aforefaid, fuch perfon fhall
forfeit and pay tiuo dollars^ to be recovered by the Trealhrer — for attempt
aforefaid, to the ufe aforefaid, in a(ftion of debt ; Provided, '"^ ^^^^^ ^*

Tiiat "^ •

i5<5 ESSEX TURNPIKE. >«^22, An-iSoj^

Exemptions "^^^^ nothing in this A61 fliall extend to entitle the faid Cor*
frona toll. poration to demand or receive toll of any perfon who flaall be?
paffing with his horfe or carriage to or from public worfhip, or
with his horfe, team or cattle, to or from his common labour,
or to or from any mill^ or on the common or ordinary bufinefs
of family concerns within the faid town, or from any perfon or
perfons paffing on military duty.

Sect. 7. j^nd be it further etmBed, That the fhares iri faid
^erfonaf eTate*' '"°^*^^ ^^^^^ ^^ deemed perfonal eftate to all intents and purpofes,
and mode of ^^'^ i^x^W be transferable by deed, duly acknowledged before
transfer and any Juftice of the Peace, and recorded by the Clerk of the faid
attachment Corporation, in a book to be kept for that purpofe : And when
^ ' any fuch iLare fhall be attached on rnefne p^ocefs, or taken in

execution, an attefted copy of fiich writ of attachment or exe-
cution fhall, at the time of the attachment or taking in exe-
cution, be left with the Clerk of faid Corporation, otherwife
the attachment or taking in execution fhall be void ; and fuch
fhares may be taken and fold by execution in the fame manner
as other perfonal eftate, and the officer or judgment creditor,
leaving a copy of fuch execution, with the return thereon, with
the Clerk, within fourteen days after fuch fale, and paying for
the recording thereof, lliall be deemed a fufficient transfer of
the fame.

Sect. 8. And be it further enaEied^ That the faid Corpora-

Ah account of *^°^ ffi^H, within fix months after faid turnpike road Ihall have

expenfes and been completed, lodge in the Secretary's office an account of all

incorne to be the expenfes of faid road ; and the faid Corporation fhall annu-

Mhibvted. jjUy. (,jj;[-^j{3j(. J.Q ji^g Governor and Council a true account of the

income or dividend ariling from faid toll, with the necefTary

annual difburiements on faid road ; and the books of the faid

Corporation fhall at all times be fubjecl to the infpedlion of a

Committee to be appointed by the General Court, or to the

infpe£lion of the Governor and Council when called for.

Sect. 9. And be it further enacted^ That whenever any Pro-
prietor fhall ncgleft or refufe to pay any tax or affeffinent duly
voted and agreed upon by the faid Corporation, to their Treaf-
Urer, within thirty days after the time fet for the payment
Shares of de- thereof, the Treafurer of faid Corporation is hereby author-
linquent Pro- ized to fell at public vendue, the fhare or fnares of fuch delin*
foid'and mode ^^^^ Proprietor, one or more, as fliall be fufficient to defray
prefcribed. faid taxes and nCcellary incidental charges, after duly notifying
in one or more public newfpapers printed in the county of
Effex^ and the newfpaper printed in Boflon by the printers of the
General Court, the lurri dud on ftich ihares, and the time and
place of fale, at leaft thirty days previous to the time of fale j
and fuch fale iliall be a fufficient transfer of fuch fhare or fhares
fo fold to the perfon purchaling the fame j and on producing a

certificate

CAPE ELIZ. MEETING^ttOUSE. 'Jum i^. An. 1803. ^^'}

certificate from the' Treafurer to the Clerk of fald Corporation,
tlie name of fud-i p\irchafer, with the number of (hares {o fold,
fliall be by the Clerk entered On the books of the faid Corpora-
tion -, and fuch perfon (hall be confidered to all intents the Pro-
prietor thereof; and the overplus, if any there be, ihall be paid
on demand by the Treafurer, to the perfons whofe Ihares were
then Ibid.

Sect. 16* And he it further enaFled^ That the General Court The Corpora-
mav diitolve the faid Corporation, whenever it fhall appear to ^Jon may be

■ , . ^ ^. . 1 r • I • ■ r c r -J i. :] /u n diilolved When

their i.Uisfaaion that the faid mcome arilmg h-om laid toil Ihall ^j^^ niembers

have fully compenfated the faid Corporation for all monies they arc indemnifi-

tnay have expended in purchafing, repairing and taking G?-re of cd.

faid road, together with an interell thereon at the rate of tiuehe

dollars on the hundred for a year, from the time of the fame ;

and thereupon the intereft on the faid turnpike road fhall veft

in the Commonwealtii : Provided^ That if the faid Corporation

fhall neglec\ to complete faid turnpike road, for the fpace cf

five ye-ars from the pafling of this Act, the fame {hall be void

and of no effect*

Sect. ii. And be it further em^ed, That the fiid Corpora- The rate of toU
tion be, and it is hereby "empowered to commute the rate of toll ^^'V ^^ ^o"^-
vvith any perfon, or with the inhabitants of any town through °"" ^
which their turnpike road is made, by taking of him or them
any certain fum annually, or for a lefs time, to be mutually
agreed on in lieu of the toll eftabliflied in and by this Aft.

Sect, i 2. And be it further enaBed^ That the faid Corpo-
ration is hereby allowed to grant monies to fuch perfons as Money to be
rendered fervices to the Proprietors in exploring the route of ^^''^"'^'^ """»*'"
the turnpike road, or otherwife, previous to the Acl of incor- ^" ""*'
poration : And the faid Corporation is hereby authorized to
purchafe and hold other real eftate, adjacent to and for the ac-
commodation of faid road, to the amount of twenty thoufand
dollars.

[This A£l pafied June 11^ 1803.]

An ACT to incorporate 'Jonathan Sazuyer^ Zebiilon
Tricke^}, Ezekiel Jordan^ and others, Propiictors of
a Meeting-Houfe in tlie TcnVn of Cope-EU%abcth, in
the County of Cumber lattd^ for the Purpofe cf re-
pairing and lini{hing laid Houfe.
„ D^ it enaEled by the Senate and Hcufe of RepYefenta-

' -^ fives, in General Court ajfcrnbled, and by the author-
ity of the fame. That Jonathan Satuxer, Zehulon Trickey, jEsf-^/>/ Incorporating
Jordan, their aflbciates and afngns, Proprietcsrs of the meeting- <^^'^"^**

houfs
Vol. IIL 5«."I

258 CALEB STIMPSON SET OFF. 'June 22, An. 1 803.

houfe in Cape-Elizabeth aforefaid, be, and hereby are incorpo-
rated into a Body Politic by the name of The Proprietors of the
JMeetitig-Hox(fe in Cape-Eliznbeth ,- and by that name may fue
and be fued, plead and be impleaded, defend and be defended
in all caufes whatfoever.

Sect. 2. And be it further enaEled^ That faid Corporation
Corporation fhall have power to choofe all fuch officers as pariflies are by
to choofe offi- 1^^^ entitled to choofe ; and fuch officers, fo chofen, ihall

cers, railemon- ir • n •,- r r ii

cy &e. have the iame power as panih omcers, lo tar as to enable

them to manage the prudential concerns of faid Corporation
as provided in this Act : Alfo to raife money for the mainte-
nance and repairs of faid meeting-houfe, and expend the fam.e
according to the vote of faid Corporation, for the purpofes
aforefnid : Provided^ That in affeffing taxes each Proprietor's
right in faid houfe ihall be appraifed by the afleffi^rs, and the
taxes apportioned according to each Proprietor's right
therein.

Sect. 3. And be it further enaHed, That if any member
Cafe of mem- of faid Corporation fliall negled-, for the fpace of fixty days,
berg neglefl- to pay fuch fum or fums of money as Ihall be affeffed on him
ing or '■^'^"1'"^ to pay on any right or pev/ in faid houfe, the faid right or pew
ments!^ may, by the ColleiSlor, be fold at public vendue, and the mon-

ey ariling from faid f\le applied to the difcharge of faid taxes,
and the relidue, (if any,) returned to the debtor : Provided^
That the faid Collector Ihall give notice of faid fale, fourteen
days, at leaft previous thereto, by porting up advertifemcnts
at faid meetlng-houfe, and at two of the public taverns in faid
town, of the tim^e and place, and caufe of fale.

Sect. 4. And he it further enacted^ That Ebenc%er Thrafjer^
, . Efq. be empowered to call the firft meeting of faid Proprietors,

mec ing. ^^ j ^^^^ Proprietors (hall then agree upon the manner of call-
ing future meetings.

[This Acl paffed June 22, 1 803.]

An ACT to fet ofT Caleb Stiinpfon^ with his Dwelling-
Houfe and two Acres of Lanci, from the Pariili in
Dorchcjier, to the Third Pariih in Roxbury.

TyE it cnntlcd by the Senate and Houfe of Reprefentatives^ in
, ■*-' General Court ajfet77blcdy and by the authority of the famcy
That Caleb Stiinpfuy of Dorcheficr^ in the County of Norfolk,
his dwelling houfe, and two acres of land adjoining, be, and
hereby are fet off from the parifh in Dorchejlery and annexed
to the third pariih in Roxbury, in faid county.

[This Ad palled June 22, 1803.]

GLOUC. INS. COMPANY. 7^/7? 22, An. 1803. 259

An ACT to incorporate John Somes, and others, by
the Name of The Gloucejier Marine Jnfurance Com-

TiE a enaEied by the Senate and Houfe of Reprefenta'
bECT. I. /) ti^gsjin General Court a(Jhnbledi and by the author-
ity of the fame. That John Somes, iVilliam Pearfon, William
Fearce, Fitztullllam Sargent, and Ignatius Sargent, and all others
their alibciates, being citizens of the United States, who have or
fliall become Stockhoklers in a capital iiock to be paid and em- rpj^g company
ployed in the manner and for the purpofes hereinafter mention- incorporated,
ed, fhall be, and they hereby are incorporated ; and they and and allowed to
their fucceffbrs and affigns Ihall be and continue, not exceeding ^""^'^^ ^ ^*'
the term of twenty years from and after the pafling this Adi, a
Body Politic and Corporate, by the. name of The Gloucejier Ma-
rine ^Infuvance Company ; and by that name the faid Stockholders
may fue and be lued, implead and be impleaded, and fliall and
may appear, profecute and defend, in all aaions and fuits for or
againft them, until final judgment, execution and fatisfaction j
and they fhall have a common feal, which they may make, aker
and renew at their pleafure ; and lliall be capable in law to take
bv purchafe or otherwife, and to hold and convey real cftate.:
Provided, That the whole real eftate which the laid Company
ihall at any one time hold or poffefs, in their corporate capacity,
fliall not exceed four thoufand dollars in value.

Sect. 2. And be it furtlier enacted. That the capital flock
of the faid Company, mcluding their real eftate, and exclufive ^mouat of
of their accruing profits, premiums and dividends, fhall be one capital ftocfc
hundred thoufand dAlars, and ihall be divided into one thoufand an^l value of
fhares, of which fifty dollars on each Ihare fliall be paid within ^=''^"-
thirty days after the hrft' meeting of the faid Company ; and.
the remainder of each ihare ihall be paid within twelve months
after the iliid firft meeting of laid Company, at fuch inftalments
and under fuch penalties for any failure therein as the faid
Company ihall direft : Provided, That in tiie event of any lofs
or loires from the part which iliall b^ iii-ft: paid of the faid cap-
ital flock, every Stockholder fnall be liable for the remainder of
his fiiare and ihares to be demanded, and after ten days public
notice thereof, to be lued for and recovered agaljail him by th^.
faid Company to the uies of this inftitixtion :: And provided.
That no transfer of any ihare or iliares in the faid capital ilock
fliall be permitted, or ihall be valid, until the intlalments there-
of ihall be fully paid as aforefaid.

Sect. 3. And be it further enaBcd, That the laid Company ^.^^^^ ^ ^j^^^.
fliall have their tiri^ meeting on the iirft Monday of July next, of rirft meet-
^X ilich hoiu" and place in GlouQejJcr aforefaid as the faid John ing.

SoineSy

iS<i GLOUC. INS. COMPANY. 7wwf 22, An.1803.

SomeSy William Psarjon^ William Pearccy Fitzni-illinm Sat-gefit,
and Ignatius Sargent, or any three of them fliall appoint, and of
which they fhall give ten d.iys previous notice by an advertife-
nient in the Salt7n Gazdte : And at the iaid firft meeling, cr
feme adjournment thereof, the faid Company, or thofe of them
who-fnall be then and there alTembicd, fiiall agree and deiermine
by what inftahnents, conformably to the terms herein before lim-
ited, and under what penalties for any failure therein, the (hares
of faid ca[)!tal ftock Ihall be paid : And fhall eledi by ballot
redors " ^^^'^^ Directors, who, being fworn to the faithful difcharge of

I their truft before feme JulHce of the Peace for the county of
EJfL>Cf ih;ill continue in oiEce until the firft Monday in May
next, and until another election of Directors : And on the faid
fu^t Monday in May next, and afterwards on the like day
annually, during the continuance of this incorporation, the faid
Qomp^ny fliall be convened in fuch manner as they Ifiall dired::
And at fuch annual meeting leven Directors iliall be ele<fted in
the like manner as aforei'aid, and being fworn as aforefaid, fhall
Continue in office for the year then next enfuing, ^id until
Provif(?. others fhall be chofen and fworn in their place : provided^ That

no perfon fliall be capable of being elefted; or of continuing a
Dire£lor in the faid Company, who is not a Stockholder there-
in, or who is a Dire(5lor in any other Infurance Company.

Sect. 4, A?id be it fuvtlur cnaEledy That the leven Dirc^ors
Tvho fhall be firft elected as aforefaid, and their fucceliors after-
wards annually, or the majority of them, ftiall, as foon as may
_. „ t ^^ after every election, convene at the place of the meedng of
c.hoofe a Prefi- tl^e faid Company, or as near thereto as may be, and fhall choole
dent. one of their number to be Prefident : And in any vacancv of

the Prefident or other Dire£tor, a meeting of the Stockholders
{hall be called for the appointment of a Director, and by a like
election or elections as aforeiaid, fuch vacancy ihall be fupplied
until the next enfuing annual eledtion.

Sect. 5. And he it further eimcled^ That the Stockholders
M«etmgs Ox jj^.,^^, j,^ convened hy the Prefident, or bv a maiority of the Di-
fctockholders. / , *■ , n n i • i ',- i • o n . i

rectors, M'hqnever he or they liiall thmk ht ; and it fhall be the

duty of the Prefident and of the other Dire(5tors to call a meeting
of the Stockholders whenever feven Stockhoklers other than
•"^ the Directors fliall require it : Meetings of the Stockholders

may be notified by an advertifemcnt in lome gazette printed at
Sfile-tn, ten days at the leaft previous thereto, or in fuch other
pnanner as the Stockholders fliall prcfcribe : At every meeting
of the Stockholders the Prefident of the Directors, and in cafe
of his abfence, one of the Stockholders chofen for that purpofe
fliall prefiJe •, and the Secretdry fliall record the proceedings of
fuch meeting ; Elections and other qucftions fhall be deter-
jnined by a majoiity of vote:-^, reckoning one vote to each ihare :

providtdy

GLOUC. INS. COMPANY. 7««^ 22,An.i8o3. 261

Provided, That no Stockholder fliall have more than ten votes : ^^^^-^^^ „-
Jnd providedyTh2t in the ekaion of Diredors, Stockholders fpeOing votca.
rot prefent may vote by proxy, under iuch regulations as the
Direaors lliall prefcribe. , ^ « i i

Sect 6 ^nd be it further enacied^ That the firit and other Payment of in-
inftalments of the fhares aforcfaid, in the laid capital ^^J^^^^'^^^^^^t
Iballbepaid to the faid l^rehdent and Direftors or at f«ch ;^f -- ^^ ^J
place as they Ihall prefcribe and notify : And it Ihall be the reaed.
duty of the faid Prelldent and Directors to invert, within fix
mouths after payment of each inftalment, the whole amount
cf their receipts for the capital ftock of the faid Company,
. either in the funded debt of the United States, or of this Com^
moinvealth, or in the ftock of the hank of the United States,
ov of fome incorporated bank within this Commonwealth, at

their difcr.?tion. , r^, r , r r

Sect. 7. Jnd be it further enaBed, That after the lum ot
fifty thoufarid dollars Ihall be paid and received as aforefaid, up- When infur*
on the capital {lock of the faid Company, and not before, the ^^;;«^^;;;^y ^
Prehdent and Direaors of the laid Com.pany Ihall have author-
ity, in the behalf and for the account of the faid Company, to
engage and undertake marine infurances of every kind \ more
efpecially infurances upon veffels, their lading and freight, and
againft the captivity, and upon the life of any perfon during
his abfence by fca, and upon bottomry and rifpondttitia bonds
iind contraas: Provided, That the faid Company or their
Pireaurs fhall not direcT.y or iiidireaiy deal or trade in buy-
ing or felhng any goods, v/ares, merchandize or commodities
whatfoever.

Sect. 8. And be it further ef/gBed, That the Prefid^nt and
Directors of faid Company Ihall manage the ftock and W^?'J^ DIreVor*
erty, and condua the aftairs, undertakings and concerns of ^„ condua tha
faid Company, conformably to the purpoles of their affocia- affairs of th«
tion, and the authorities and privileges hereby granted ti^*-^"^ = fj;^fn"Vlve^
The faid Prefldent and Direaors fhall hold ftated meetings, j^ft,,,.^/
once at the leaft in every month, and ihall be convened by the
Preiident or by any two Direaors whenever they Ihall think fit:
Any four of the Direaors Ihall be a quorum for the tranfac-
tion of bullneis ; all queftions before them Ihall be decided
by a majority of the votes prefent -, they ihall have power to
ellabhlh annually a reaibnable falary for their Preiident, to
appoint and employ a Secretary, a Clerk and fuch other agents
and fervants as they Ihall find necelTary, and to grant them
yealbnable ialaries -md compeniations , they ihall have author-
ity to make and prefcribe reafonabie by-laws and regulations
for the government of their officers, agents and iervants, and
refpeaing the meetings of the Stockholders, and of the Di-
redorsj and the mode of cftubliiiilng proxies, and of voting

252 GLOUC. INS. COMPANY. >«^ 22, An. 1803.

in fuch meetings refpeclively, and refpecling the transfer of
Ihares, the tranfadtion of the ordinary bulinefs of the Com-
pany, and the difpofition and management of their eftate,
llock and efFedts : Provided^ That fuch by-laws and regula-
tions ihall not be repugnant to the Conftitution and laws of
this Commonwealth.

Sect. 9. And be it further etwcied. That the Prefident and
Prcfidcnt and ^^^^ Q^j^gj. Dirgdors, to be appointed in rotation by the Prefi-

two Directors . , ,i „ , /-^ ■ ^^ i •, r , r

to.meet daily. <^^"tj inail be a Committee to convene daily tor the tranlac-
tion of bufinefs, and ihall, during the pleafure of the Direct-
ors, have authority to make contracts of inlurance : And all
policies of marine insurance which {hall be fubfcribed by the '
Preiident, or in any vacancy of that office, or in the cafe of
his licknefs, difability or abfence, by any four DirecSlors, and
counterfigned by their Secretary or Clerk, fhall be valid and
eftectual agairft the faid Company ; and every adjuitment or
fettlement which ihall be made by the Preiident and Directors
of lofles and claims ariling under fuch policies, ihall be con-
clufive againft the faid Company.
Cafe of lofles Sect, 10. And be it further enaciedy That in the event of
affecfting the any lofs or lofTes from the capital flock of faid Company, and
eapital (lock, equal to the amount which ihall be at the time actually paid
and received as aforefaid, the Preiident and Directors of the
faid Company, who, after notice of fuch lofs or loiTes, iliall
undertake for the faid Company in any other policy of infur-
ance, Ihall be liable jointly and feverally, in their own per-
fons and eftates, for the deficiency of the faid capital ftock to
difcharge the lofs or lofles, if any, which fliall arile thereon.
Sect, i i . And be it further ennEledy That the Preiident
and Directors of the faid Company, on the laft Monday in
dividend""to be -^P^^^ next, and afterwards half yearly, on the laft Monday
made. of April and October in every year, fliall and may divide, at

an equal rate to each fhare in laid capital frock, fb much of
the interel'c and nett profits which (ijallhave accrued thereon,
other than monies and demands paid or payable upon riiks
outftanding and undetermined, as to them fliall appear rea-
fonable ; and fuch dividends ihall be declared, and ihall be
payable at the office of tlte Company : Providedy That no-
dividend fliall be made after any diminution of the faid capi-
tal ftock, until the fair^e fliall have been from the laid accru^*
ing profits or otherwife, re-eftabliihed at the original amount.
Sect. 12. And be it further enaciedy That once in every
Partieulaf three years at the leaft, and whenever a majority of the Stock-^
ftatementtobe holders fhall require it, the DiretSlors for the time being fhall
made triennial- lay before the Stockholders at their annual meeting, or at an
*' or ofteaer. efpecial meeting to be called for the purpofe, a particular
ftatement of the affair? of tiie Company, and of their eftate-

and

GLOUC. INS. COMPANY. 7««tf'.i2, An.1803. 263

and efFeas, and of the remainmg profits, if any, which fliall
have accrued on their capital ftock, with the lofles and div-
idends on hand, if anv, chargeable againll: the fame.

Sect. 13. And be it further enaHed, Th^t \.\\Q i\r^\r^S ^nd
property of every Stockholder in the faid capital ftock il.all be ^^'^^^^^fj;^^^^^^
liable for his juft debts, and may be attached therefor, and ^^^"^^ ^^^^^^^^
levied in execution at the fuit or for the fatisfac^ion of his
creditors : And the officer making fuch attachment, or levying
fuch execution, fliall notify the fame to the Prefident, or to
the Secretary, or Clerk of the faid Compa^y, and Ihall leave
a copy of the procefs whereby the attachment or levy Ihall
be made, at the office of the faid Company -, and no transfer
of fuch debtor's fnares or property in the faid capital ftock,
not before noted in the books of the faid Company, ffiall be
valid or effeaual againft liich attachment or levy : And it
Ihall be the duty of "the faid Prefident, Secretary or Clerk to
caufe the officer making fuch attachment or levy to be iur-
niflied, if he require it, with a certificate of the number of
fliarcs fuch debtor holds in the faid capital ftock, and of
the dividends, if any, due thereon •, and fuch {hares and prop-
erty, when taken by virtue of an execution, or fo much there-
of as ftiall be requifite to fatisfy the demands of the creditor
therein, and all fees, Ihall be expofed to fale as other perfonal
eftate j and the purchafer who Ihall become entitled thereto
under fuch execution, fhall fucceed to fuch debtor as his law-
ful affignee, and fiiall have a certificate of fuch transfer ac-
cordingly from the Clerk of the faid Company.

Sfxt. 14. Jjid be it further enacted, That the Prefident and
Direftors of the faid Company, previous to their fubfcribing
any policy of infurance, and once in every year afterwards, Amount of
fhall publiffi in fome newfpaper printed at S:jlem afore f.dd, capiral to be
the amount of their capital ftock, and upon what rilk, and to P" » ^ .
what amount in any one rifle, they propofe to infure : Provid-
ed ueverthelefsy That the faid Prefident and Direftors fhall not
be allowed to infure on any one rifle a larger fum than ten
per cetitum of the amount of the capital ftock of faid Corpora-
tion, adually paid in.

Sect. I5'. And he it further enaciedy That the Prefident
and Direaors of the faid Company, whenever it ihall be re- ^'tatement t»
quired by the Legiflature of this Commonwealth, fhall lay ^e "fllture,
before them a true ftatement of the aftairs of the faid Compa- *
ny, and fiiall fubmit themfelves to an examination under oath
«oncerning the fame. ^^

[This Aa pafl^ed June 22, 1803.]

464 BAPTIST SOCIEXr. June 1 2, An. 1 803,

An ACT to Incorporate a Number of the Inhabitants
of Warren^ Cujhlng^ /^^Vidi St. George^ in the County
of Lincoln, into a diftinA and feparate Religious
Society, by the Name of The Baptiji Religious Society
in Warren, Cufhing, and St. George.

StCT.

D^ it enabled by the Senate nhd Houfe of R^prefetita^
tives, in General Court nffembled, and by the author-'
ity cf the fame. That Ephraim Hall, hove Alford, James Fifoery
Jlame* of per* Nathan Buchlen, Archibald CraiUjord, Nath:in Bucklen, jun. Keii"
fons iflcorpora- ^^^ Tolmafi, Daniel Snoiv, John Mclntyer, Nathan Peabody, Rob-
ert Mclnt-^er, Alexa>ider Kulloch, jiin. Alarlbore Packard, David
Voje, Reuben Hall, Hatevil Lihbcy, Jacob Caitnce, John Pay/on,
yaac Libbcy, John Caunce, John Smith, David Libhey, Pahner
Ji^clntyer, Thomas Kellock, Philip Eajlman, Alexander Kelloch,
James Hatch, Caleb Stover, Elijih Hall, James Carney, John
Curtis, John Madden, Ifaac Hall, Peter Hall, Caleb Hall, Mi^
chael Long, Madden Loug,ChriJlopher Stover, David Lamfn, Da-
vid Pierfon, Jofeph Scavcy, jun. Barnabas Fountain, Nathaniel
Vichery, Samuel Hart, Ifaac Hall, jUn. Francis Fojler, Thom.is
Hooper, Daniel Harvard, James Fuller, Mcfcs Barter, Thomas
Matin, Jabcz Hcnderfon, James Teel, Ifaac Norwood, Jolm Bar-*
ter, Jdvi Andrevjs, Nathan Fojler, Avery Hart, Jeffe Hart, Wi!"
Tuim Linnac/icn, David Wheeler, John Hairinton, James Mat-
tkenvsy Hezchiah Prince, John Loivell, John Gilchrefr, John Mil--
ier, Samuel Gilchref, W illiam Wheeler, Michael Shays, Dennis
Jp&gerty, jun. Jcfeph Seave\; Michael Rowley, Alexander Hauthorn,
Williani Hart, fames Hart, Benjamin Cook, Sedate Bechmorey
John Bechnore, Samuel Davis, Nathan Fojler, jun. Ifracl Lovett,
David Covel, Jofeph Coombs, Henry K. Dtinhar, Timothy Parfon,
and Afa Dunbar, members of the faid religious Society, with'
their polls and eftntes, be, and they are hereby incorporated
bv the name of The Baptif Religious Society iu Warroi, Cujhing,
and St. George ; with all the privileges, powers and immuni-
ties which other pariihes or religious Ibcieties in this Common-
wealth are by law entitled to.

Skct. 2. And be it further enaBed, That any perfon who

How to be- jjijiy hereafter adtually becotne a member of, and unite in re-

ber'of\he Soi ligious v/orlhip with the fiid Baptift Society, and give in his or

ciety. her name to the Clerk of either of the towns, or pariflies of

faid towns, of Warren, Cuflnng, or St. George, to which he or

^cihe may belong for parochial purpofes, with a certificate iign-

ed by the Minifter or Clerk of the faid Baptift Society, that

he or (lie hath atlually become a member of, and united in

religious worfhip with the faid Baptift Society, fourteen days

previous to the town or pariOi meeting to be holden in the

month

BOSTON N. S. CONG. SOC. June 23, An. 1803. 265

month of March or April annually, fhall, from and after giv-
ing fuch certificate, be confidered, with his or her polls
and eftates, as belonging to faid Baptift Society : Provided
hoivevery That all fuch perfons fhall be holden to pay their
proportion of monies alTefled in the town or parifh to which
they belonged previous to that time.

Sect. 3. Be it further enaEiedy That when any member
of faid Baptift Society (hall fee cauf<; or be inclined to leave ^\ *.° '^*^-
faid Society, and join in religious worfhip with th?.t Society, '' ^*

in either of the faid towns of Warren, Cujlnngy or 5/. George ,
within whofe limits they may refide or dwell, and fhall leave
a certificate with the Clerk of faid Baptift Society, iigned by
the Minifter or Clerk of the town or parifh where fuch per-
fon fhall fo relide, that he or fhe hath aftually become a mem-
ber of, and united in religious worfliip with fuch town or par-
ifh, fourteen days previous to their annual meeting holden in
the month of March or April , and fhall pay his or her pro-
portion of all monies voted in faid Baptift Society to be raifed
previous thereto, fuch perfon fhall, from and after giving fuch
certificate, with his or her polls and eftates, be confidered as
belonging to the Society to which he or fhe hath fo united.

Sect. 4. Be it further enaBedy That James Malcom, Efq.
and Samuel Brown, Efq. or either of them, be, and he is here-
by authorized to ifTue his warrant, diredled to fome principal
member of the faid Baptift Society, requiring him to notify
all the members thereof, qualified to vote in parifli affairs, to
aifemble at fome fuitable time and place mentioned in faid
warrant, to choofe all fuch officers as parifhes by law are au-
thorized or required to choofe in the month of March or
April annually.

[This A£l pafTed June 22, 1803.3

An ACT declaring and confirming the Incorporation
of the Proprietors of the New-South Meeting.
Houfe in Bojion.

q _ D-fi it enoBed by the Setmte and Houfe of Reprefenta-

tivfs, if! General Court ajfembledy and by the author-
ity of the fame. That all perfons who now are, or who may here- -,, _
after be the Proprietors of the pews in the Congregational t^rs of*^thc
raeeting-houfe fituate in Summer-Srreety in Bo/Ion^ be, and they pews determi-
are hereby declared and confirmed to be a Body Politic and "^'^ *° ^^ *
Corporate by the name of 2''he Proprietors of the New-South ^^^^ Corpo-
Meetifig-Houfe in BoJlon : And the faid Corporation fhall be
and hereby are deemed in law to be feized of the fame meet-

ing-houfe.
Vol. HL 2....K

^66 BOSTON N. S. CONG. SOC. June 23, An.1803..

ing-houfe, with all the lands under, adjoining and belonging
to the fame, with the privileges and appurtenances ; except-
ing, however, to the feverai Proprietors of the pews in faid
meecing-houfe, their right to and intereft in the faid pews re-:
fpe<Stively.

Sect. 2. /i'nd he it further enacted hy the authority af ore/aid.,
Annual ireet- That thefaid Proprietors fliall meet annually ^t thefaid meeting-
wgs to be held, ^oufe on the firft Wednefday in May^ and at fuch other times
there as they may be duly notified in manner hereafter men-
tioned : And at faid annual meeting, after having chofen a
pfTicers to be Moderator, ihali choofe a Clerk, Treafurer, and a Committee
cholen. conlifling of fevcn perfons, and Afleflbrs not exceeding fix

perfons, who Oiall all continue in office during the year, and
until others are chofen in their room : Provided honvever-y If,
for any caufe, the faid annual meeting fliould not be holdea,
then the faid officers may be chofen at any other meeting du-
ly notified foi: that purpofe.

Sect. 3. Ana hi it further ct-aClcd, That the faid Clerk fnall
■ be fwoin to the faithful difchargc of the duties of his office ; and
Pvty of aeik. it {hall be his duty to record all the votes and allthe proceedings
of the iaid Proprietors, and of the fiid Coip^iittee, and of the
Afleflors aforefaid, in fe >arate books, to be kept by him for
thatpurpofe: And t lie faid Committee, or a major part of
them, fl .all have full power to manage all the prudential af^
lommittee. fairs of the faid Proprietors, in the lame and in as ample a
manner as pariffi committees are authorized by law to man-
ao-e the prudential affairs of p?\rifhes, and to potify any Pro-
prietors' meeting, by pofting up a notification at the door of
faid meeting-houfe tl'ree days, at leaft, before the time or
holding the fame -, a.»1 ihall ailb be ex cfficio Afl'effors of the
faid Proprietors, in conjundtion with fuch other Afl^eOTors as

may be chofen. r • , t»

' 8ECT/4." And he it further cnaFled, That the faid Proprietors
Proprietors en- i^^^y^ \^^ entitled to all the privilege^, they have heretofore in
w^bo^uSfby i^^ enjoyed, and (hall be bound by all the contraas they have
comr'a^u, en! heretofore in ixiX entered into, as well with their prefent mm^
powered toitter as with others, and fubje<^t to all the duties they have
make furtlier j.^j-etofore in faclt been fubjeft to : And the faid Proprietors
- contracts, &c. ^^^ ^^^^^ empowered from time to time to make fuch further
contracts, and raife fuch lums of money annually, as they fliall
judge neceffarv for the maintenance and fupport of the pub-
lic worihip of -God, for the repairs or alteration of faid meet-
ing-houfe, and making any reafonable addition to the falary
of their prefent or any future Minifter, and for other paro-
chial and incidental cha ges ;" and all monies fo raifed by the
faid Proprietors, fhall be paid annually, or by mfialments, at
fuch tiraes and in fuch proportions as laid Proprietors fhall

ciireft. „

Sect.

JBOSTON N. S. CONG. SOC. June 23, An.igo]. 267

Sect. 5 , And he it further enaBed, . That all monies, raifed AfrcfTments
by the faid Proprietors for the purpofes aforefaid, ihall be af- how to be
fefled by the faid Committee and Affetlbrs jointly, or by the "^^dc, & mode

r 1 1 r in- • f- ^1 "I colle<5tion

major part of them, upoii the feveral Proprietors or the pews prescribed.
in faid meeting-houfe, one half of fuch afTelTments according
to the relative value of the faid pews, regard being had to their
lituation and convenience, and the other half according to the
relative values of the rateable eftates, real and perfonal, of
the faid Proprietors, according to the beft judgment and dif-
cretion of faid Committee and AflclTors \ and Ihall inake out
a lift of fuch afTellment, ftating the names of the ProPtietors,
and the numbers of the pews, and times of payment, and of the
inftalments by which the payments are to be made, if any, cer-
tified by the Clerk, and deliver the fame to the Treafurer for
the time being, who fiiall thereupon rhake out, under hi^
hand, a bill of each Proprietor's afTeiTment, and of the time
or times of payment, and caufe the fame to be left in his
pevvj of which facTl the oath of the Treafurer fhall in all cafes
be fufficient evidence : And if any Proprietor fliall be in ar-
rear in the payment of faid tax, or of any part thereof, to the
Treafurer, for the fpace of three monthSj the Treafurer Ihall ,

certify the fame in w-ritinpf to the faid Committee, who are ^^^"^ ° .""
1 1 1 • 1 ■• 11 1 r • t IT -1- 1 quent I-'ropne*

hereby authorized to iell the iaid pGw at public audhon, to the tors t<> be fold,

higheft bidder, and to execute to him a good deed thereof: and the difpd-
Provided the time and place of fale be publifhed in one of the ^^' °^ ^a^^^°a
Bojlon newfpaperS, three weeks fucceffively, previous to the
fale : And provided the tax, or fo much as (hall be in ai-reai:,
together with the charges of publication, be not paid before
the time of fale : And the Committee, after deducling from
the proceeds of the fl^le, in cafe they do not exceed the fum
originally paid by the faid Proprietor, his ancefcor or devifor,
for faid pev/, and in cafe they do exceed that fum, then from
the amount of the original conlideration money, the charged
of faid fale, and the tax in arrear, and all other fums before
that time afTelTed on fuch delinquent Proprietor, and not paid,
including any future inftalments, afleiTed, but not due, Ihall
pay the remainder, if any, to fuCh Proprietor or his order :
Piovided always^ That the excefs of the proceeds of fuch fale
above the fum originally paid by faid Proprietor, his anceftot"
ot devifor, for faid pew, (hall be the property of the Proprie-
tors of faid meeting-houfe, fubjedl to no dedudtion 'Cvhatfo-
ever.

Sect. 6. A.nd be ii funher enaHed by the nathorily aforefaidi
That if any of the officers aforefaid Ihail die Or i'eiign during Cafe of the de.
the year for which they were chofen, other perfons may b£ <="i<^ «- *» o»-
ele£ted in their room for the remainder of the year at any-
meeting of the Proprietorsj to be notified by a majof part of

the

cer.

268 2D SCARBOROUGH DIKE. June i^, An.i^o;^.

the Committee ; but in all cafes where there is but one of the
Committee in office, he (hall have fufficient authority to call
any meeting of the Proprietors.

Sect. 7. y^nd be it further enaBed by the authority aforefaid^
That no Proprietor of any pew (hall have liberty to fell the
Committee to fame unlefs he firfl give notice of his intention to the Corn-
have the pref- mittee, or fome one of them, in writing •, and if the Commit-
pews arc to be ^^^> ^^ fome one of them, Ihall, v/ithin thirty days after fuch
ield. notice, pay or tender to fuch Proprietor the full fum original-

ly paid by fuch Proprietor, or by his anceftor or devifor, un-
der wlron he claims, deduiTcing therefrom all fuch fums of
money as (hall have been aflefled on faid Proprietor, and are
unpaid, then fuch pew, from the tim.e of luch payment or ten-
der, fhall become the property of the Proprietors ; but if no
fuch payment or tender fhall be made within thirty days, then
fuch Proprietor may fell and difpofe of his pew at his plea-
fure : And all pews which now are or at any time hereafter
may be the property of the faid Proprietors, may be conveyed
by the major part of faid Committee by their deed, for the
benefit of faid Proprietors, fubjefl:, however, to fuch regulations
as may be made from time to time by faid Proprietors t And all
deeds executed by faid Committee fhall exprefs the condition
aforefaid, on which the purchafer fliall take fuch pew : And
^^cf*d'&r"' ^^^ d^sds of the feveral pews in the faid meeting-houfe fhall be
recorded by the Clerk of faid Proprietors, in a book to be kept
by him particularly for that purpofe, for which he fhall re-
ceive tivetity-five ceritSy and no more.

Sect. 8. y^»d be it further enacted by the authority aforefaid'^
Perfons au- 'Y^y^X Henry Hilly Daniel Bates, and Jofeph Field, or any two of
call""he fi ft them, may caufe the firft meeting of faid Proprietors to be
meeting. called, for the purpofe of choofing the officers of faid Proprie-

tors for the year enfuing, and for any other purpofe fpecified
in a notification by them to be pofted up at the door of faid
meeting-houfe, giving notice of the time and place of faid
meeting, and alfb by caufing the fame to be notified to faid
Proprietors, after divine fervice, on the Sabbath preceding the
day appointed for laid meeting.

[This Aft pafTed June 23, 1803.]

An ACT to eftablifli a Corporation for the Purpofe
of diking a certain Tract of Marfh in the Town

of Scarbcrough,

^Lcrr T 7?"^ '^ enaBed by the Senate and Houfe (f Reprefenta-
^^^ ' ' ■*-' tivesy in General Court affembledy and by the author"
ity of the fame y That Robert Southgatej John M. Mi/liken y Na-
thaniel

2d SCARBOROUGH DIKE. >«^ 23, An.iSo3. ^^9

tbantel Seavy^ Simeon Fitts, Ifaac Bearings Jeremiah Dearing, Names of per-

and Jofeph Mi/Iikeny being the fole owners of the aforefaid ^^'^ "

trad of marfh, together with their aiTociates, and fuch others

as may hereafter aflbciate with them, and their fucceflbrs,

ftiall be a Corporation by the name of The Second Scarborough

Dike Corporation^ with all the powers and privileges incident to

fimilar Corporations, for the purpofe of making and keeping

in repair a dike-wall on faid marfli, to com.mence at the north- Boundaries of

weft corner of Nathaniel Seavfs diked marfh, near the New ^^^ marfo.

Riverj fo called j and from thence running up faid Ntno

Rivery on its fouthern bank, and on the fouthern bank of the

main river, to the landing-point marfli ; thence croffing over

faid point and the main river by a dam and gates, about fix

rods above the bridge, to the weft bank of faid river ; thence

running down the river on the weftern bank to the upland

now ufed as a common landing-place.

Sect. 2. ^nd be it further enaEled^ That the faid Robert
Southgate and others, Proprietors of the marfh aforefaid, their
heirs and affigns, be, and they hereby are authorized and em- y^^^^^ .^ t,
powered to raife by an aflelTment or tax, to be made and lev- railed to make,
ied on all the Proprietors of faid marfti, lying within the dike repair & main*
to be made as aforefaid, according to the proportion of intereft ^^^ *^^ ^^^*
they feverally hold therein, fuch fums or fum of money for
defraying the charges of making, repairing and maintaining
the faid dike-wall, dam and gates as aforefaid, as fhall be agreed
upon by faid Proprietors, their heirs and affigns, or a major
part of them, as Ihall be alTembled at any legal meeting to be
called for that purpofe ; and faid Proprietors fliall be fubjeft
to compenfate the owners of any marfh on which faid wall
fhall be built, or which fhall be cut up for the purpofe of
building or keeping the fame in repair : And if any of the
Proprietors of faid marfh fhall neglect or refufe to pay the
fum or fums of money duly afTefTed on him therefor, for the
fpace of three months after fuch money fhall have been vot-
ed, and for the fpace of one month after his afTefTment fliall
have been fhewn him, or a copy thereof left at his ufual place ''"''* P**"" *'
of abode, then the faid Proprietors are hereby fully authoriz- jongin^^'^to de-
ed and empowered, from time to time, to fell and convey at linqucnt Pro-
public vendue, to the higheft bidder, xo much of fuch delin- prletors may
quent Proprietor's part of faid marih as will be fufficient to ^' ^°^'^'
iatisfy and pay the fum or fums alTefTed as aforefaid, and all
reafonable charges attending faid fale ; notice offuchfale, and
of the time and place thereof, being given by pofting an ad-
vertifement thereof in fome public place in the town afore-
faid, and by advertizing the fame in one of the newfpapers
printed in Portland^ fix weeks, at leaft, before the time of iuch
fale i and the faid Proprietors may, by their Clerk, execute a

good

270 CANTON MEADOW. %ne 23, An. i 803.'

good deed or deeds of conveyance of the faid marfh fo fold
unto the purchafer thereof: Provided neveithelefsy That
^ the Proprietor or Proprietors whofe (hare Or part of faid

marfli {hall be fold as aforefaid, (hall have liberty to redeem
the fame at any time within one year after fuch fale, by pay-
ing the fum fuch (hare or part of faid marfh fold for, and
charges, together with a further fum at the rate of /a? dollars
per annum for every hundred dollars produced by fuch fale ;
and fo in proportion for a greater or lefs fuxn.

Sect. 3. And be it further enaBed, That the firft meet-
Where and ^"g of ^^iti Proprietors fhall be held at the houfe of JohA
when the firft M. Milliken^ innholder in faid Scarborough^ on the third Mon-
hltll '' '° ^^^ of J«''>' next, at two o'clock in the afternoon, for the pur-
pofe of choofmg a Clerk and fuch other officers as may then
and there be agreed upon, who fhall be fworn to the faithful
difcharge of the duties of their refpedlive offices ; And the faid
Corporation may then and there eflablifh other neceflary rules
and regulations for the better management of its affairs, for
which purpofe they are hereby inverted with all the powers
appertaining to Proprietors of general fields : And the faid
Corporation may then and there agree upon a method for
calling future meetings.

[This Act paiTed June 23, 1803.]

Boundaries.

An ACT to Incorporate certain Proprietors of Mead-
ow-Land lying oh Neponfit River, within the Town
of Canton, for the Purpofe of fencing, improving
and better managing the fathe.

Sect. i. R^ '^ enabled by the Senate and Houfe of Repi-efenta-
"^ iives, in General Court nffembled, and by the author^'
iiy of the fame, That from and after the paffing of this Aft, all
the Proprietors of certain meadow*land lying in Canton, bound-
ed as follows : Beginning at the fouth-eafl corner of Elijah
Dunbar's meadow, at Mufhapog River ; thence down faid riv-
er till it comes to the meadow of John Ellis ,- thence by faid
Ellis's, meadow on the line that runs between faid' Ellis
and Lemuel Bent, to a great ditch ; thence northerly by faid
ditch till it comes to the ditch north of the meadow owned
by Capt. William Bent ; thence ealierly on faid ditch till it
comes to the ditch by White's Swamp, fo called ; thence,
foutherly by a ditch in the wefterly lide of Jacob Shcpperd*s
meadow to the end of faid ditch j thence e'aflerly, between
the meadow of Lewis Morfe and land formerly owned by Heti-
ry Morfe, deceafed, to the upland ; thence by the upland, as
the fence now ftands, to the river firft mentioned, be, and
they, hereby are incorporated into a Body Politic by the name
,. of

CANTON MEADOW. June 23, An.1803. $71

of The Proprietors of the Common Meadow in Canton ; and by
that name may fue and be fued, and do and fufFer all matters,
afts or things which Bodies Politic may or ought to do and
fuffer.

Sect. -2.. And be it further enaEtedy That any Juftice of the jufticcs of the
Peace in the county of Norfolk^ be, and he hereby is empow- Peace to iffuc
ered and direfted, upon application in writing from five or pj"*"''^^/'^
more of faid Proprietors, to iflue his warrant to one of the JXng.""
Proprietors aforefaid, requiring him to notify and warn a
meeting of faid Proprietors, at fuch time and place as he fliall
judge moft convenient, and for the purpofes to be exprefled
in faid warrant, by porting up copies of faid warrant, with the
notification thereon, at the feveral houfes of public worfliip in
the towns wherein faid Proprietors refide, fourteen days at
leaft before the time for holding faid meeting ; and the faid
Proprietors, when legally alTembled as aforelaid, fhall have
power to choofe a Clerk, Committee, Aflefibrs, Colledlor or officers may
Colledlors of taxes, and Treafurer, who fhall be fworn to the be chofen.
faithful difcharge of the truft reppfed in them, and continue
to ferve until others are chofen and fworn in their room,
which may be as often as faid Corporation (hall judge necef-
fary ; which oflicers, chofen and fworn as aforefaid, Ihall have
the fame povyer to perform, execute and carry any vote cr
order of faid Corporation into full efi'etSl as town officers of
like defer ipt ion have by law to do and perform in their re-
fpedive ofiices : And faid Corporation fhall at their firft
meeting agree and determine upon a method for calling future
meetings : And faid Corporation fhall at their firfi: meeting,
or at any future meeting legally called for that purpofe, have

power to vote apd rnife monies for the purpofe of fencing, ?' 1^, '"^y
f . 11 • 1 • J- • 1 ^ be raifedo

improvmg and better managmg their laid common property,

and for carrying the votes and orders of faid Corporation into
efFeft ; and all monies which may be voted to be raifed as
aforefaid, ihall be afiefied upon each Proprietor in the mead-
ows aforefaid, in proportion to the number of acres he or flie
owns thereof: And if any Proprietor lliall refufe or neglect
to pay the fum or fums afTelTed upon him or her as aforefaid,
after fixty days notice, fo much of his or her meadow land
ihall be fold as will be fufhcient to pay the fame, together
with legal cofts, in the lame way and manner as non-refident
Proprietors' lands in this CommonwoaUh are fold to pay taxes.

Sect. 3. Be it further enap.ed.y That any perfon or perfons Members way
who own meadows adjoining faid Common Field, may be be admitted
admitted by a majority of the votes of faid Corporation as
members, and be fubje£t to all the duties and enjoy all the
privileges of this Corporation.

[This Aa oafTed Jum 23, 1 803.1

' ' ' ' An

iijt WISCASSET, &c. turnpike. June^.iT,, An.i 805.

An ACT to eftablifh a Corporation by the Name o£
The Wifcajfet and Woolwich Turnpike Corporation,

Sect i 7?^ '^^ enaBed by the Senate and Houfe of Reprefenia-
"^ tiveSi in General Court ajfemhlcdy and by the author'
Names of per- ity tf the fame^ That Samuel Adams, Jeremiah Baily^ Jonathan
fom incorpoTi- Hotvman ijun. Alden Bradfordy Jofeph Chrijlophersy John G/iddeny
**°* Silas Leey Thomas Nickels y David Pay/on , jun. tVilliam Pikey

Henry Robyy Samuel Seveyy and Abiel IV'oody together with fuch
others as may hereafter aflbciate with them, and their fuccelTors
or affigns, fhall be a Corporation by the name and ftyle of The
Wifcnffet and Woolwich Turnpike Corporationy with all the powers
and privileges ufually given and incident to limilar Corporations
for making turnpike road^, for the purpofe of laying out, mak-
ing, and keeping in repair a turnpike road, from the court-houfe
in Wifcajfety to the place called Day's Ferryy in Woolnuichy upon
as ftraight a line as circumftances will admit : And the faid
turnpike road fhall not be lefs than four rods wide, and the
part to be travelled on not lefs than twenty-four feet wide in
any part thereof : And when the faid road fhall be fufficiently
made, and fhall be fo allowed and approved by a Committee
appointed by the Court of General Seffions of the Peace for
the county of Lincchiy for that purpofe, [provided that no mem-
ber of faid Committee (hall have any fhare or intereft in the
faid turnpike,) then the faid Turnpike Corporation fhall be au-
\tw d^** when thorized to ere£l one turnpike gate on the faid road, in fuch
the road is ap- place and manner as the faid Corporation may judge necefTary
proved. and convenient for coUefting the toll.

Sect. 2. And be it further enaBedy That the faid Corpora-
tion may purchafe and hold land over which they may make
Juftices of the the faid road j and the Juflices of the Court of General Seffions
r°"'' _ °^ of the Peace in the county of Lincoln are hereby authorised,
to lay ouVthe°" *^^^ application of the faid Corporation, to lay out the faid
yoad. road, or any part thereof, as they, with the confent of the faid

Corporation, fhall think proper : And the faid Corporation fhall
be liable to pay alj damages which may arife to any perfon by
taking his land for fuch road, where the fame cannot be ob-
tained by voluntary agreement, to be eftimated by a Committee
appointed by the Court of General Seflions of the Peace for
the faid county of Lincohiy faving to either party the right of
trial by Jury, according to the law v/hich makes provifion for
the recovery cf damages arifing from the laying out of high-
ways.

Sect. 3. And be it further enaBedy That it fliall be lawful
for the faid Corporation to demand and receive of each traveller
or pafTenger the following rates of toll, viz. For every coach,

chariot.

wise. & WOOLW. TURNP. June 23, An. 1 803. 275

chariot, phaeton, or other four-wheel carriage, drawn by two ^^^^^ ^f toU
horfes, tiuenty-Jive centsy and if drawn by more than two horfes, eftabUfhed.
an additional fum oi four cents for each horfe ; for every cart
or waggon, drawn by two oxen or horfes, ten cents, and if drawn
by more than two oxen or horfes, an additional fum of three ^
cents for each ox or horfe ; for every curricle, ffteen cents ; for
every chaife, chair or other carriage, drawn by one horfe, fwelve
and a half cents ; for every man and horfe, fix cents a7id a quar-
ter ; for every fled or fleigh, drawn by two oxen or horfes, eight
cents, and if drawn by more than two oxen or horfes, an addi-
tional fum of tivo cents for each ox or horfe ; for every fled or
lleigh, drawn by one horfe, fx cents and a haf; for all horfes,
mules, oxen or neat cattle, led or driven, beiide thofe in teams
or carriages, one cent each ; and for all fheep and fwine, at the
rate of three cents by the dozen, and in that proportion for a
greater or leffer number : Provided however. That the faid Cor-
poration may, if they fee caufe, commute the r.ite of toll with
any perfon or perfons, or with any Corporation, by taking of
him or them a certain fum annually, to be mutually agreed on
in lieu of the toll aforclaid : And the faid Corporation ihail,
at each place where the toll fhall be colle£led, erecl in ^ fome
confpicuous place, and conftantly keep expofed to open view, a
fign or board, with the rates of toll of all the tollable articles A ^^^^g'^-^^^''**
fiiirly and legibly written thereon in large or capital charadlers.
Sect. 4. Jnd be it further enacted, That if any perfon fliall
cut, break down or otherv/ile injure or deftroy either of the faid
turnpike gates, or fliall dig up or carry away any earth from
the faid road, or in any other manner damage the fame, or
fhall forcibly pafs, or attempt to pafs the faid gate by force,
with an intent to avoid the payment of the legal toll at fuch
gate, fuch perfon fhall forfeit and pay a fine not exceeding ten penalty for
dollars nor lefs than fve dollars, to be recovered by the Treaf- injuring the
urer of the faid Corporation to their ufc, in an aclion of tref- S"" or road.
pafs or on the cafe : And if any perfon with his team, cattle
or horfe, turn out of the faid road to ppfs the faid turnpike
gate, and again enter on the faid road, with intent to evade the
toll due by virtue of this Acl, fuch perfon fhah forfeit and pay
tivo dollars, to be recovered by the Treafurer of the faid Corpo-
ration, to the ufe of the fame, in an aftion of debt, or on the
cafe : Provided hoivever. That nothing in this Adt fhall extend Exemptions
to entitle the laid Corporation to demand or receive toll of any ^^'^^ ^^^
perfon who Ihall be pafTmg on foot, or with his horfe or car-
riage to or from public worfhip, or with his horfe, team or
cattle, to or from his common labour on his farm, or to or from
any grift-mill, or on the common and ordinary bufmefs of family
concerns, or from any perfon or perfons palling on militai-y
duty.

Sect.

Vol. III. 2....L

274 Wise. & WOOLW.TURNP. >«^ 23, An. 1803.

Sect. 5. And be it further enaBedfThzt if the faid Corpora*
tlon, or their toll-gatherer, or others in their employ, {hall unrea-
fonably delay or hinder any traveller or pafTenger, or (hall de-
mand or receive more toll than is by this Aft eftabliflied, the faid
Penalty iforde- Corporation fhall forfeit and pay a fum not exceeding ten dollars
laying paffen- ^^^ j^^^ ^^^^^ ^^^ dollars, to be recovered before any Juftice of
f Aing " illegal the Peace of the county where the offence (hall be committed,
toll. by any perfon injured, delayed or defrauded, in a fpecial aftlon

of the cafe ; the writ in which fliall be ferved on the faid Cor-
poration, by leaving a copy of the fame with the Treafurer, or
with fome individual member living in the county of Lincoln^
or by reading the fame to the faid Treafurer, or individual
member, at leaft feven days before the day of trial -, and the
faid Treafurer, or individual member, (hall be allowed to defend
Corporation IN the fame fuit in behalf of the faid Corporation : And the faid
able for dama- Corporation fhall be liable to pay all damages which may happen
^f I ^l ^^^^^ ^° ^^y perfon from whom the toll is demandable, for any dam-
** " ^"* age which fhall arife from defe£l of bridges or want of repairs
in the faid way j and fhall alfo be liable to prefentment by the
Grand Jury, for not keeping the fame in good repair.

Sect. 6. And be it further enaBedy That the fhares in the
Share? deemed fame turnpike road fliall be taken, deemed and confidered to be
perfonal eftate, perfonal eftate, to all intents and purpofes, and fliall and may be
and mode of transfej-able -, and the mode of transferring the faid fhares fliall
Iua"chment''"'^ be by deed, acknowledged before any Juftice of the Peace, and
prefcribeJ. recorded by the Clerk of the faid Corporation, in a book for
that purpole to be provided and kept : And when any fKare
fhall be attached on meftie procefs, or taken in execution, an
attefled copy of fuch writ of attachment or execution fliall, at
the time of the attachment or taking in execution, be left with
the Clerk of the faid Corporation, otherwife the attachment or
taking in execution fhall be void ; and fuch fhares may be fold
on execution in the fame manner as is or may by law be pro-
Tided for making fale of perfonal property on execution •, and
the officer making the fale, or the judgment creditor, leaving a
copy of the execution, and the ofHcer's return on the fame, with
the Clerk of the faid Corporation, within fourteen days after
fuch fale, and paving for the recording of the fame, fliall be
deemed and confidered as a fufficient transfer of fuch fhare or
fhares in the faid turnpike road.

Sect. 7. Afid be it further enacledy That the faid Corpora-
An account oft'-on fliall, within fix months after the faid road is completed,
the expenfes & lodge in the Secretary's office an account of the expenfes there-
income to be of J and that the faid Corporation fhall annually exhibit to the
exhibited. Governor and Council a true account of the income or dividend
arifing from the faid toll, with their necelTary annual difburfe-
ments on the faid road i and that the books of the faid Corpora-
tion

wise. & WOOLW. TURNP. June 23, An. 1803. 275

tion fhall at all times be fubje£l to the infpeaion of a Committee
to be appointed by the General Court, or to the infpedlion of
the Governor and Council when called for.

Sect. 8. And be it further enaBedy That whenever any Pro-
prietor fhall neglea or refufe to pay any tax or aiTeflinent, duly
voted and agreed upon by the Corporation, to their Treafiirer,
within llxty days after the time fet for the payment thereof, the
Treafurer of the faid Corporation is hereby authorized to fell at d,,f„q*;j",' °^
public vendue the fhare or fhares of fuch delinquent Proprietor, may be foId.Sc
one or more, as Ihall be fufficient to defray the faid taxes and the mode pre-
neceflary incidental charges, after having given public notice of f«"bed.
fuch fale in the newfpaper printed at Wifcajfety the fum dufr on
any fuch fhares, and the time and place of fale, at leaft thirty
days previous to the time of fale ; and fuch fale fhall be a fuffi-
cient transfer of the fhare or fhares fo fold, to the perfon pur«
chafing the fame ; and on producing a certificate of fuch fale»
from the Treafurer to the Clerk of the faid Corporation, the
name of fuch purchafer, with the number of fliares 1 o fold, fhall
be by the Clerk entered on the books of the faid Corporation^
and fuch perfon lliall be confidered to all intents and purpofes
the Proprietor thereof 5 and the overplus, if any there be, fliall
be paid on demand, by the Treafurer, to the perfon whofe fliares
were fo fold.

Sect. 9. And be it further enacledy That the General Court T'^^ Corpora-
may difTolve the faid Corporation, whenever it fhall appear to ^Xlved when
their fatisfa(^ion, that the income ariflng from the faid toll fhall indemnified,
have fully compenfated tlie faid Corporation for all monies they
may have expended in purchafmg, repairing and taking care of
the faid road, together with an intereft thereon at the rate of
iivelve per cent, by the year ; and thereupon the property of
the faid road (hall be vefted in this Commonwealth, and be at
the difpofal of the Legiilature thereof: Provided hctuever. That.
if the faid Corporation fhall negledt to complete the faid turn-.
pike road for the fpace of feven years from the pafSng of this
A6t, the fame fhall be void and of no effect.

Sect. 10. And be it further ena^ledy That the firfl meeting
of the faid Corporation fnall be held at fucli time and place as
fhall be agreed on by the major part of the Proprietor?, for the ^he^^^offiS'r's
purpofe of chooiing a Clerk, v.'ho fliall be fv/orn to the faithful ^^ b^ thofen,
difcharge of the duties of his faid office, and fach other officers as
may then and there be agreed on by the faid Corporation ; and
the faid Corporation may at the lame time eftabhlh fuch rules
3nd regulations as Ihall be judged necefiary for the well-ordering
of its affairs, and alfo upon a method for calling future meetings :
Providedy That fuch rules and regulations fhall, in no cafe be
repugnant to the Conffitution and laws of this Commonwealth.
[This Act paired June 23, 1803.]

27$ DAN. Sv- BEV. IRON- WORKS. June 23, An. 1803.

An ACT to incorporate Samuel Page, and others, for
the Purpofe of eftablifhing an Iron Manufaciory,
and other Purpofes therein mentioned.

■^TT THER.EAS Samuel Page, Thomas Putnamj Caleb Oaketj
\'\ Samuel Indecotty John Page, Hezekiah Flint, and others,
JrcamUe. have aiTociated themfelves together for the purpofes of build-
ing and keeping in repair a ftone bridge over Porter's River,
fo called, between Beverly and Danvers, in the county of
EJfex, in the highway there, lately laid out, and of erecting
and uiing iron or other works there forever, have fubfcribed
to a fund for the faid purpofes, and have petitioned this Le-
giflature for an A6t of incorporation : And whereas the faid
bridge on a public highway leading to Salem, to be corine£led
with faid works, will be of public utility : Therefore,

Sect. I. Be it enaEled by the Semite and Houfe of Reprefetit

atives, in General Cowt ajfemhled, and by the authority of the fame.

Names of per- That the faid Samuel Page, Thomas Putnam, Caleb Oakes, Samuel

fons incorpo- Indecott, John Page, and Hezekiah Flifit, and all fuch perfons

"'efi' as are or fhall be affociated with them, and interefled in faid

fund, and their fucceffors, lliall be a Corporation, by the name

of The Danvers and Beverly Iron-Works Compc.ny ; and fhall by

that name fue and be fued, plead and be impleaded, profecute

and defend to final judgment and execution, in all adions and

proceffes, as other Bodies Politic may do *, and fhall have a

common feal, with power to alter the fume at pleafure.

Sect. 2. Be it further enacted, That the faid Samuel Page,
Si?rSd ^to ^'^^•'"^•^ Putnam, Caleb Oakes, Hezekiah Flint, or any three of
cau'^ Proprie" them, may, by advertifement in the Saletn Gazette, or in any
tors' meeting, other newfpaper printed in Salem, call a meeting of the faid
Proprietors, to be holden at any fuitable time and place after
feven days froi-ji the publication of the faid advertifement j
and the faid Proprietors, by a vote of the majority of thofe
prefent or reprelented at the fai'd meeting, (in all cafes ac-
counting and allowing a vote to each fingle Ihare,) fhall choofe
a Clerk, who fliall be f worn to the faithful difcharge of his
duty •, and alfo fliall agree on a method for calling future
meetings ; and at the fame or at any fubfequent meeting may
make and eftabliih any rules and regulations that fhall be
necefTary and convenient for regulating the faid Corporation,
and for executing the purpofes aforelaid ; and the fame rules
and regulations may caufe to be kept and executed, or for the
breach thereof may order and enjoin fines and penalties, not
exceeding ten dollars for the breach thereof, provided fuch
rules and regulations are not repugnant to the Conftitutioa
and laws of this Commonwealth : And the faid Proprietors

may

DAN. & BEV. IRON-WORKS. June 23, An.1803. 277

may alfo choofe and appoint any other officer or officers, The neceffary

Lnts or faaors of the Sd Corporation that they may deem offi- to be

necelTary : And all reprefentations at any meetmg Ihall be

proved in writing, figned by the perfon making the iinae,

which Ihall be filed with and recorded by the Clerk ; and this

/^a, and all rules, regulations and votes of the laid Corpora^

tion fliall be fairly and truly recorded by the faid Clerk m a

book or books for that purpofe provided and kept ; but no

one Proprietor in the faid Corporation ihall have more than

fifteen votes. _ , r • , /-.

Sect. 3. Be it further enaBed, That the faid Corporation
is hereby authorized to purchafe and hold real eftate, under Amount of re
and adjacent to faid bridge, to the amount of thirty ^^^^^"^ ^^f^-^/JJf J'
dollars, to build a bridge of ftone thirty-tvvo feet wide at leaft, ^^ to
with raihng on each fide four feet high, and keep the lame m
repair •, and to ereft and ufe forever an iron-manufaftory, and
any other mill or mills, works or buildings on the laid river
and near thereto, convenient for fuch iron-m.anufaaory, or
for carrying on any other ufeful manufac^Vure, which (hall ap-
pear to the faid Proprietors to be for their benefit ; and to
hold fuch perfonal eftate as fliall be aaually employed therein, ^^ ^^^^^^j
provided the fame flrall not exceed the value of three hi/fidredi^.^^^
thcufand dollars ; and the property of the faid Corporation fhall
be divided into two hundred Ihares, and Ihall be numbered
as the faid Corporation fiiall d'v/eO: ; the faid fhares fhall be
deemed perfonal eftate, and each Proprietor fiiall have a cer-
tificate or certificates, as evidence of his faid Ihare or fliares,
under the feal of the Corporation, and figned by the Treaf-

urer. . - . , _

Sect. 4. Be if father enaBed, That the fhares in faid Cor- ^^^^^ ^^ ^^^^^^
poration fhall be transferable by deed duly acknowledged ^^^ ^^^ ^^^^^j^^
before any Juftice of the Peace, and recorded by the Clerk of ment.
the laid Corporation in a book to be kept for that purpofe ;
and when any fuch ihare fiiall be attached on mefne procejs, or
taken in execution, an attefied copy of fuch writ of attach-
ment or execution fliall, at the time of the attachment or
taking in execution, be left with the Clerk of the faid Corpo-
ratior?, otherwife the attachment or taking in execution fiiall
be void ; and fuch fhares may be taken and fold by execution
in the fame manner as other perfonal eft:ate ; and the ofiScer
or judgment creditor leaving a copy of fuch execution, with
the return thereon, with luch Clerk, within foiirteen days,
after fuch fale, and paying for the recording thereof, Ihall be
deemed a fufficient transfer of the fame j and the name of
the purchafer fiiall be entered by the Clerk in the books of
the Corporation.

Sect.

278 DAN. & BEV. IRON-WORKS. June 23, An.1803.

Sect. 5. Be it further enacled^ That whenever any Propri-
etor (liall neglect or refufe to pay any tax or afTeffrnent, duly
voted and agreed upon by the faid Corporation, to their Treaf-
urer, within thirty days after the time fet for the payment
thereof, the Treafurer of the faid Corporation is hereby au-
The^ fhares "f ti^orized to fell at public vendue, one or more fliare or ihares
be fold, & the o^ ^"^^^ delinquent Proprietor, as fliall be fufficient to defray
mode dircded faid taxes and neceffary incidental charges, after duly notify-,
ing in one newfpaper printed in Sakm, and the one printed in
Bojiofj by the printers of the General Court, the fum due on
iuch fliares, and the time and place of fale, at leaft thirty days
previous to the time of fale ; and fuch fale fhall be a fufficient
transfer of fuch fliare or fiiares fo fold to the perfon purchaling
the fame ; and on producing a certificate from the Treafurer
to the Clerk of the faid Corporation, the name of fuch pur-
chafer, with the number of Chares fo fold, fhall be by the Clerk
entered on the books of the Corporation, and fuch perfon fhall
be coniidered to all intents the Proprietor thereof j and the
overplus, if any there be, fliall be paid on demand by the
Treafurer to the perfons whofe fliares were then fold : And
When new whenever any (liare or fliares fliall be transferred, by execution
certificates^ are or f^ie for taxes as aforefaid, the purchafer fhall be entitled
^ ei uuj. j^ certificates in the form aforefaid ; and whenever, on the
death of any Proprietor, his or her fhare or fliares fhall by
law be transferred to his executors or adminiftrators, or by
the fettlement of his or her efliate in the probate office, to his
or her heirs or legatees, the names of the perfons thus becom-
ing Proprietors, with their number of fliares, fliall be entered;
as aforefaid, by the faid Clerk, and they be entitled to their
certificates in the form aforefaid, on their filing with him fuch.
evidence as fhall fatisfy the Directors of the faid Corporation
of fuch transfi?!:-

Sect. 6. And be it further e?ja6fed. That in any a£lion to

be brought, or in any judgment to be rendered againft faid

x,ro ftn of*an Corporation, if the faid Corporation, after feven days notice,

individual and reoueft to the Prefident, Secretary, or any two of the

member may Proprietors, fha,ll neglect oi; refufe to expofe any eftate or

be attached »" property which may be attached on mefue prorefs^ or whereon

any fuch execution may be leyied, the plaintiff in fuch adfion

(hall have a right to levy his execution upon or to attach any

of the property of the individual members. of the Corporation,

in the fame manner as if the action had been brought or judg-

nient entered againfi them in their individual capacity.

Sect. 7. Be it farther enaSledy That this Adt fliall fo far
Thi.s Aa niay^p dccmeJ. a public A£t, that the flime may be given in evi-
i^;tn.ce. dence m any trial or judicuL proceedmgs wichout Ipecialiy

pleading the fame.

[This A6t pafTed June 23, 1803.3

BELFAST SLUICE. "June 23, An. 1803. 2*9

An ACT empowering Robert Houjicn^ and others, to

build a Sluice on Goos River, in the Town of Bel- 1

faji.
e r>£ it enaBed by the Senate and Houfe of ReprefentU'

DECT. I. XJ fives y in General Court affemhled^ and hy the author-
ity of the fame. That Robert Houjhn, Caleb Smith, S^lcn S/r//^.-.';- ^'^^.« ^f Fj-
fon, Tolford Durham^ John Hajhell, Jppoles Alden, AfJjel Goddard, °^] >»corpo a-
Jonathan Wilfon, Thomas Tufts, William Tufts, Jeffe Sturtevant,
James Nefmith, Thomas Ktioivlton, James Moor, Charles Curtis,
together with iuch others as may hereafter aflbciate with them,
and their heirs and affigns, be, and they are hereby empow-
ered, within the term of three years from the piffing of this
A6t, to build a Shiice from or near Stimfoirs Mills, fo called, in ^J|;;« ^^ ^J^
Goos River, to the tide-waters in the mouth of the fame, to the ^^(1 conven-
moft convenient place and on the mofl convenient diref^ion for lent plate,
fliipping or delivering the lumber, timber, fpars, and all other
commodities which they may, from time to time, want to con-
vey through the faid Sluice ; to clear the pond and river above
Stimfon's Milh, as aforefaid, of every obLirudion that may any
ways impede the paiTage of boats or rafts *, to build locks
where necelTary, fo as to render the whole river navigable ;
to take, ufe, occupy, poffefs and enjoy, in fee fimple, any lands
or waters necefTary to carry into effecSl and to complete the
fame, they paying therefor in manner hereafter prefcribed.

Sect. 2. And be it further enacted^ That to enable the
Proprietors aforefaid more effedlually to carry into execution
the purpofes of this Act, they fhall be, and hereby are made a
Corporation and Body Politic by the name of The Proprieto-s CoTYiorns
of the Belfafl Sluice ; and by that name may fue and be fued, "*'"^'
defend and be defended, profecute and be profecuted to final
judgment and execution ; and Ihall have a common feal ; and
do and fuffer all other matters and things, and be vefhed with
all powers and privileges which are ufually incident to iimilar
Corporations.

Sect. 3. And be it further enacted. If any perfon or per- q^j-^ of perfons
fons fhall fufFer any damage by means of the faid locks or fuffering dam-
Huices, and the parties cannot agree upon the amount of the -?^ W' meaxij
damage thus occalioned, nor upon fome fuitable perfon or per-^ .' gj*''^'* "^
fons to ellimate the fame, then, and in iiich cafe, fome difin-
terefted perfon or perfons fliall be appointed by the Court of
General Seffions of the Peace, or by two Juftices of the quo-
rum for the county of Hancock, and the determination of the
referees fo appointed fliall be the meafure of fuch damage :
Provided neverthelefs. That if either party fhall be dilTatisfied
with the award of the referees aforefaid, and fhall, at the

fame

s8o BELFAST SLUICE. y^/wf 23, An.1803.

fame feffion at which the repoi*t fhall be njade, apply to the
Court for a trial by Jury, the faid Court fhall have power to
determine the fame by Jury, in the fame manner other caufes
are determined ; and if the verdict of the Jury (hall not give to
the party applying, a larger fum than the referees have award-
ed as aforefaid, then the Court fhall award cofl againft the
party applying ; but if the laft deciiion fliall be more favour-
able to the party applying than the deciiion of the referees,
then the Court fliall render judgment, and direct execution
to ifTue thdreon accordingly.

Sect. 4. And be it further enaEledy That if any perfon or

Cafeof perfonsP^^^^'^^ ^'^'^ wilfully and malicioufly take up, remove, break

wilfully de- down, dig under, or in any way or manner deftroy any of the

ftroying any of works in any way belonging to the fluice or locks, or fliall di-

the works, &c. ^^^^ ^j. obflru6t the waters, to the damage of the Proprietors

aforefaid, the perfon or pei-fons fo offending fhall pay treble

the value df fuch damage as the Proprietors aforefaid fhall,

to the Juftices or Court and Jury before whom the trial Ihall

be held, make to appear that they have fuftained by the

means of the lame trefpafs, to be fued for and recovered in

any Court proper to try the fame.

Sect. 5. And be it further enacledy That for the purpofe of
reimburfing to the faid Proprietors the monies by them to be
expended in building and fupporting the fame fluice and locks,
a toll be, and hereby is granted and eftabliflied for the bene-
fit of the faid Proprietors and their heirs and afligns, accord-
ing to the rates following, viz. For every thoufand feet of
A toll eftab- boards conveyed through the fame, fifty cents ; for every ton
liflied. of timber, twenty ce'its ; for all other timber in the fame pro-

portion, and at the fame rate •, for clapboards, fifty cents per
thoufapd ; for fhingles, per thoufand fitc cents ,- for hoglhead
{i:ives fixtyfix cents per thoufand ; and all other lumber in the
fame proportion.

Sect. 6. And be it further enaEiedy That as foon as the
Toll demanda- ^^^^ fluice is Completed, the Proprietors fhall have power to
bleonthecoin- recover the toll as aforefaid on all the feveral articles as they
pletion ot the pafs, and to retain them or any partof them if payment fliould
fi"'"- be refufed.

Sect. 7. And be it further etiaSledy That upon the appli-
Peac" author- nation of the faid Proprietors, or any three of them, to a Juf-
ized to cdil a tice of the Peace of the county of Hancocky requefting him to
pronriecors' call a meeting of the faid Proprietors, to be holden at fome
meeting. convenient place in the town of Beifafi, in the fame county,

fuch Juftice is hereby empowered to iffue his warrant direct-
ed to one of faid Proprietors, requefting him to notify and
warn his afTociates to meet at fuch time and place in faid town
of jBeifafl as fhall be defcribed in faid warrant, who, when

met.

TWELFTH MASS. TURNPIKE. June 23, An. 1803. 281

met, may agres upon a method for calling future meetings of
the faid Proprietors, and confult upon and do fuch other af-
fairs of the Propriety as (hall be exprefled in the faid warrant.
Sect. 8. Be it further enabled b^ the autho ity aforefaidy That
this A(ft Ihall continue in force for the term of thirty years, Y^Mx^ti n of
and no longer, unlefs it (hall appear to the General Court that this Adl.
the Proprietors of faid fluice-way have not received a reafona-
ble indemnity for eret^fing and taking care of the lame.
[This Aa paffed Jum' 23, 1803.]

An ACT in addition to the Acl, entitled. " An Acl . ^

to eftablifh The Twelfth Mafuchufetts Turnpike Ccr- ""' '^' '''*
par at ion.'*

„ r>E rV enacted by the Senate and Houfe of Reprefcnta-

-*^ tivesj in General Court affemhled, and by the author-
ity of th" fame^ That The Tnaelfth Maffachufetts Turnpike Cor-
poration be, and they are hereby authorized and empowered to
lay out and make a turnpike road on the route hereinafter de-
fcribed : Beginning at a point, upon the Twelfth Maffachufetts
Turnpike Road, eaft of. and contiguous to the dwelling-houfe Route of the
of Gideon Pojl ; thence running in a dire£i: line to the county ^°^^ prcfcnb-
road, where it pafles the dwelling-houfe of Allen Peas ; thence
on the county road to the line dividing the States of ConneSJi-
cut and MaJJluhufetts ,- and to keep the fame in repair :
Which road fhall be not lefs than four rods wide, and the
path to be travelled on not lefs than twenty feet wide : And
the faid Corporation may purchafe and hold land over which
faid road fhall be made : And the Juftices of the Court of
General Seffions of the Peace within and for the county of
of Be kfhire., are hereby aurhorized, on application of faid Cor-
poration, to lay out fuch road, or any part th- reof, as, with
the confent of laid (Corporation, they thall think proper : And
the faid Corporation (hall be liable to pay all damages that
fhall arife to any perfon by taking his land for fuch road, when Corporation to
the fame cannot be obtained by voluntary agreement, to be ef- fo/iand^taken*
timated by a Committee of the Court of General Seffions of
the Peace in laid county, faving to either party the right of
trial by Jury, according to the laAV which makes provilion for
the recovery of damages arifing from the laying out of high-
ways.

Sect. 2. Be it further ennBed. That when faid turnpike
road fhall be fufficiently made and allowed and approved by
the Juftices of the Court of Common Pleas for faid county of
Bsrkfhire, or by a Committee by them appointed for that pur-

pofe.

Vol. III. 2....M:

282 TWELFTH MASS. TURNPIKE. >«f 23, An.i 803*

pofe, the faid Corporation, in lieu of the rates of toll fpecified

in the A£l to ef^ablifii The Twelfth Majfachnfetts Turnpike Cor"
poratbn, (hall be entitled to receive at the turr.pike gate eftab*
lifhed at the Lower Bennet Bridge Place, for each traveller
New rates ^^ ^xiA paflenger the followincr rates of toll, viz. For every coach,
chariot, phaeton, or other iour-wheel carnage, drawn by two
horfes, tiventy-five cents, and if drawn b/ more than two horf-
€S, an additional fum oi four cents for each additional horfe }
for every cart or waggon, drawn by two oxen or hor'es, ten
ce)itSy and if drawn by more than two, an additional fum of
three cents for every fuch ox or horfe ; for every curricle, fif-
teen cents ; for every chaife, chair or other carriage, drawn by
one horfe, tiuelve cents at'dfive mills ; for every man and horfe,
four cents ; for every fled or fleigh, drawn by two oxen or
horfes, ,/^w« cents, if drawn by more than two oxen or horfes,
an addition-d fum of two cents for every fnch ox or horfe ; for
^very fled or fleigh, drawn by one horfe, five cents .• for ali
horfes, mules, oxen, or neat cattle, led or driven, befides thof«
in teams and carriages, one cent each ; for all Iheep or fvvine,
three cents per dozen, and in that proportion for a greater or
lefs number : Provided, That no toll (hall be taken from any
who are exempted therefrom by an A^, entitled, " An Aft to
eftablilh The Twelfth M ajfachufetis Turnpike Corporation" to
•which this h.i\ is an aiddition.

Sect. 3. And be it further ennSled, That the route herein
The new defcribed and efl:ablill ed as a turnpike road be deemed and
routs confiritr- taken, to all intents and purpofes, as annexed to and part of
the mh^/uru!^'^^ Twelfth vT/^/.ry^//^/// Turnpike Road : And that the faid
pike road. Corporation Ihall, within llx months after the faid road Ihall
■ be completed, lodge in the Secretary's office an account of the

expenfes of the fame -, and that all the duties, liabilities and
penalties fpecified or contemplated by the Adt to eftablilh The
Twelfth Mnjf'.chufetts Ti/rnpike Corporatin, have relation to the
turnpike road herein efl:ablilhed, as fully, completely, and to
every intent and purpofe, as though the fame had been origi-
nally part of the faid Twelfth M ajfachufetis Turnpike Road,
and included in the Acl aforefaid, to which this Ait is an ad-
dition.

Sect. 4. And be it furthir enaBed, That the faid. Corpo-
ration be, and .they are hereby authorized and empowered, ai
2ny time after the expiration of fix months from the time that
yormer gate to the faid turnpike road Ihall be allowed and ;-.pproved, with the

bi t'i'wt'""- approbation and confent of the Court of Common Pleas for

f d, and a new / • , j-r • ^ -i it

one ereded. '^''^ county, to dilcontmue the turnpike gate at the L.ower

Bennet Bridge Place, and to erefl a turnpike gate at fuch
place on the faid Twelfth M affachifetts Turnpike Road, be-
tween the dweiling-houfe of Aaron Root and Jofph Ga-idrick,

• as.

NORTH BRANCH TURNPIKE, ^une 23, An. 1803. %%i

as Hiall be defignated by tlie faid Court ; and the Court of
Common Pleas within and for faid county are hereby author-
ized, by themielves or by a Committee to be by them appoint-
ed for that purpofe, upon application to them made by faid
Corporation, after the expiration of fix months as aforefaid,
to give their confent and approbation for faid purpofes, and to
defignate the place within the limits aforefaid for the hxing
the faid turnpike gate : And in cafe the faid turnpike gate at
the Lower Bennet Bridge Place, ihall be fo difcontinued as
aforefaid, and •.• turnpike gate, with the confent and approba-
tion of the faid Court ot Common Pleas, fhall be eredted at
any place defjgnated by faid Court within the limits aforefaid,
the faid Corporation (hall and may be entitled to receive of all
palTengers and travellers at faid turnpike gate, the fame rates
of toll as are herein before fpecified and enumerated.
[This Act palTed June 23, 1803.3

An AC r for eftiblifhing a Corporation by the Name
of The North Branch Turnpike Corporation.

m TiE it enaEled hy the Senate and Houje of Reprefenta-

-^ fives, in General Court njfembledy afid by the author-'
ity of the famey That Merick Kice, Mofes Hale^ Oliver Chapin^ xj»me« f
Xacheriah Whitmant l^athaniel Hjlnfen, jun. Calvin Hale, John fons incoipora.
Stone, MetapJjer Chafe , Samuel Ward, John Trent if s, and Phineus ^"^^
Whitney, and all fuch perlbns as lliali aflbciate with them and
their fucceffjrs, Hiall be a Corporation, by the name of Tht'
North Branch Tu-'ipike Corporation ; and iliall by that name fue
and be fued, and eiijoy all the privileges and powers which, by
law are incident to Corporations, for the purpofe of laying out
and making a turnpike road from the line of the State of New-
Hampfbire, between Fitzwiiliam and Winchendjn, to the Fifth
Maffachuftts Turnpike Road, in Fitchkurgh ; which, road fliall
not be lefs than four rods wide, and the travelled way not lefs
than eighteen feet in any place : And that when the turnpike
road fhall be fufficiently made and approved of by a Committee
appointed by the Court of General SelRons of the Peace for tiie
county of JVorccffr, for that purpofe. then the i'aid turnpike
Corporation (hall be authorized to. erect one turnpike gate on A turKpLkc
faid road, and at fuch place as the faid Committee of the Court g-'*^ *o be e^^
of General Seffions of the Peace ih ill judge convenient for col-'^^*^'^^^
ledling the toll, and fhail be entitled to dercand, and receive
of each traveller or paiTenger at faid gate, the following rates of
toll, viz. For each coach, piiaeton. chariot, or other four-^wheel, t^oJi eflabi-'ft*
carriage, drawn by two horfes, ttventy-five cents, and if drawn. eA
by more than tw ■> horfe*--, an additional fum oi fix cents and one.
fourth for each horfe ; for every cart or waggon, drawn by two

oxen

a84 NORTH BRANCH TURNPIKE. June 23, An. 1 803.

ox«i or horfes, twelve and one half cents each, and if drawn by
more than two oxen cr horfes, an additional fum oi fix cents
and one fourth for each horfe or ox \ for every curricle, twenty
cents : for every chaife, chair or fulkey, drawn by one horfe,
twelve and one half cents each, and if drawn by more than one
1 horfe, fix cents and one fourth each ; for every man and horfe,

fix cents and one fourth each ; for every fled or fleigh, drawn by
two oxen or horfes, ten cents each, and if drawn by more than
two oxen or horfes, an additional fum oi four cents for each ox
or horfe j for every fleigh, fled or cart, drawn by one horfe,7?Af
cents and one fouvth each j for all horfes, mules or neat cattle,
led or driven, befides thofe in teams or carriages, one cent each ;
^ for all iheep or fwine, at the rare of th^-ee cents by the dozen :

Provided alfo. That whenever it fhall be made to appear to the
Comm.ittee appointed as aforefaid, the faid Corporation have
liberty, and are authorized, and do extend and make their road
to the north line of the town of Fhzwilliamy in the State of
Ntiv-Hampfhire^ without any gate or toll in faid State, they
fhall then be' authorized to ere£l one more gate on the road in
this Commonwealth, at fuch place as faid Committee fhall think
proper, and receive the rate of toll aforefaid.
. Sect. 2. AndbeitfuitherenaBed,T\-\2i.t\.h.Q{2adQor^oxZ'

lowed to hold ^^°^ ^^7 p^^rchafe and hold land over which they may make
land; and per- the faid road ; and the Juflices of the Court of General Seflions
fons whofe of the Peace in the county of IVo'ccflery are hereby authorized,
en" ar^^to b *^" application of faid Corporation, to lay out the faid road where
indemnified, the faid Corporation fliall think proper : And the faid Corpo-
ration fhall be liable to pay all damage that fhall arife to any
perlbn by taking his land for fuch road, where the fame cannot
be obtained by voluntary agreement, to be eftimated by a Com-
mittee to be appointed by the Court of General Seflions of the
Peace for the county of Worcefler^ faving to either party the
right of trial by Jury, according to the law which makes pro-
vifion for the recovery of damages arifing from the laying out
of highways.

Sect. 3. And he it further enaBed, That if the faid Corpo-
ration, or their toll-gatherer, or others in their employ, fliall
unreafbnably delay or hinder any traveller or pall'enger at faid
gates, or fliall demand or receive more toll than is by this Act
Penalty for de- eflablifhed, the Corporation fh^ll forfeit and pay a ium not ex-
laying paffen- ceeding ten dollars nor lefs than fve dollars ^ to be recovered
UggJ'^jjj^ "'^ before afiy Juflice of the Peace in the fi-m-e county, by any
■ perfon injured, delayed or defrauded, in a ipecial action of the

cafe -, the writ in which fhall be ferved on the faid Corporation,
by leaving an attefied ccpy of the fame with the Treaiurer, or
with feme individual member living in the f'.me county, or by
reading the fame to the faid Treaiurer, or individual member,

NORTH BRANCH TURNPIKE. June 23, An. 1803. aSj

at leaft feven days before the trial \ and the Treafurer of faid
Corporation, or individvial member, fhall be allowed to defend
the fame luit in behalf of the laid Corporation : And the faid
Corporation fhall be hable to pay all damages that fhall happen
to any perfon from whom the toll fhall be demandable, for any
damage which fhall arife from default of bridges, or want of
|-epairs in faid way ; and fhall alfo be liable to prefentment of
the Grand Jury for not keeping the fame in repair.

Sect. 4. And b£ it further eriaBed^ That if any perfon {halj
cut, break down, or otherwife injure or deftroy either of the
faid turnpike gates, or (hall dig up or carry away any earth from
the faid road, or otherwife damage the fame in any manner, or
fliall forcibly pafs, or attempt to pafs the gate by force, without
having fir ft paid the legal toll, fliall forfeit and pay a fum not __ for wilfully
exceeding fifty dollars nor lefs than five dollars^ to be recovered juring the
by the Treafurer of faid Corporation to their ufe, in an a(Stion S^'*^^ ^"^ "^^
of trefpafs on the cafe : And if any perfon with his team, cattle
or horfe, fliall turn out of the faid road to pafs any of the turn-
pike gates, and again enter on the fiyd road, with intent to.
^vade the toll due by virtue of this Adt, fuch perfon fhall forfeit
and pay three times fo much as the legal toll would have been,
to be recovered by the Treafurer of faid Corporation to the ufe
of the fame, in an action of debt on th^ cafe : Provided y nothing
in this A£t fhall extend to entitle laid Corporation to demand
and receive toll of any perfon who fhall be pafling with his
horfe or carriage to or from public woriliip, or with his horfe, ^'^^™P"<"'*^
team or cattle, to or from his common labour on his farm, or to
or from any grift-mill, or on the comnaon and ordinary bulinefs
of family concerns, or on m.ilitary duty.

Sect. 5. And be it further ennBed, That the fhares in the shares deemed
faid turnpike road fhall be taken, deemed and confidered to be pewonal eitate,
perfonal ef^ate to all intents and purpofes, and fnall and may be ^"'^ " "*^^ °*.
transferable ; and the mode of transferring faid fliares fliall be tachmeut pr^*
by deed acknowledged before any Juftice of the Peace, and fcribcd.
recorded by the Clerk of faid Corporation in a book kept for
that purpofe : And when any fhare fhall be attached on mefne
proctfs, or taken in execution, an attefted copy of fuch writ of
attachment or execfftion flTalL, at the time of the attachment or
taking in execution, be left with the Clerk of the Corporation,
or otherwife the attachment or taking in execution fhall be
void ; and fuch fhare may be fold on execution in the fame
manner as is or may be by law provided for making fale of per-
fonal property by execution; and the oincer making the fale,
or the judgment creditor, leaving a copy of the execution, with,
the officer's return on the fame, with the Clerk of faid Corpo-
ration, within fourteen days after fuch fale, and paying for the
recording the fame, fhall be deemed and considered a luiHcient
transfer of fuch Ihare or Ihares in the faid turnpike road.

Sect.

^B6 NORTH BRANCH TURNPIKE. yurje2$, An-iSo^.

WTien and Sect. 6. ^nd be it further enaEled^ That the firft meeting of
vhtre the firft faid Corporation Oiall be at the houfe of Stephen Hears, inn-
meeting i$ to holaer in iVe/:/ninJIe>'y on the lixth day of Ju.'y next, for the
■ • purpofe of choofing a Clerk, who (hall be iworn to the faithful

dilcharge of the duties of his office, and fuch other ofHcers as
may then and there be agreed on by the (aid Corporation ; and
the faid Corporation may tiien eftabli(h fuch rules and regula-
tions as fhall be judged neceffary for the well-ordering its affairs,
and alfo agree upon the method of caUing future meetings :
Provided however^ That fuch rules and regulations are not in
anywife repugnant to the Conltitution and laws of this Com-
monwealth.
^ Sect. 7. u^'td he it further enaEled, That the faid Corpora-
the expenfes **'°^ <hall, within fix months after the road is completed, lodge
receipts, &c. to in the Secretary's office an account of the expenfes thereof }
bee»Jiibited. and that the laid Corporation fliall annually exhibit to the Gov-
ernor and Council, a true account of the income or dividends
arifiag from the faid toll, with the necefTary annual difburfe-
ments on faid road ; and that the books of faid Corporation
Ihall at all times be fubjeil f) an infpedtion of a Committee to
be appointed by the General Court, or of the Governor and
Council when called for.

Sect. 8- And be it further etiaBedy That whenever any Pro-
prietor iliall neglecl or refufe to pay any tax or affefUnent, duly
voted or agreed upon by the Corporation, to their Treafurer,
Shares of dc- "within llxty days .;fter the tim.e fet for the payment thereof, the
iinqueot* majr Treafurer of the fiid Corporation is hereby authorized to fell at
beiod.&niodc public au6^ion, the fhare or Ihares of fuch delinquent Proprie-
preknbcd. ^^^^ ^^^ ^^ more, as fViall be fufficient to defray the faid taxes and
necefiary incidental charges, after duly notifying in the newf-
paper printed at fuch place as fliall be nigheft to the faid turn-
pike road, the fum due on any fuch fhare, and the time and
place of fale, at leaft thirty days previous to the time of fale ;
ynd fuch fale (hall be a fufficient transfer of the fhare or (hares
lb fold, to the perfon purchafmg the fame ; and on producing a
certificate of fuch fale, from the Ireafurer to the Clerk of the
fiiid Corporation, the name of fuch purchafer, with the number
of fliares lb fold, ifiall be entered on the boofes of laid Corpora-
tion by the Clerk, and fuQh perfon fliall be confidered to all
intents and purpofes the Proprietor thereof j and the overplus,
if any there be, tfiall be paid on demand, by the Treafurer, to
the perfon whofe fnares were fo fold-

Sect. 9. And be it further enacted. That the faid Corpora-
tion liiall, at all places where the laid toll (hall be collected.
Sign-board to erecft and keep conrtantly expofed to view, a fign or board, with
b.c creded. ^j^^ j.^^^^^ of ^qH o£ ^ij ^[-^g tollable articles fairly and legibly
written thereon in large capital charafters.

Sect.

SUFFOLK INS. COMPANY. 7^«. 24, An. 1 804. 187

Sect. 10. And be it further enaBed^ That the General Court
may diifolve the faid Corporation, whenever it fliall appear to ^"yPbrdlffoW-
their fatisfaaion, that the income from faid toll lliall have fully ^a when in*
compenfated the Corporation for all money they may have demnificd, &c
expended in purchafing, making, repairing and taking care of
laid road, together with an intereft of t'lvilue per cent,, by the
year ; and thereupon the property of faid road fhali be vefted
in the Commonweahh, and be at their difpofal : Provided, That
if faid Corporation Ihall negledt to complete faid road, for the
fpace of feven years from the paffing of this A£t, the f«ime fliall
be null and void.

[This Acl pafled June 23, 1803*]

An ACT in addition to an Acl, entitled, " An Acl

to incorporate John CoJ?niin, and others, into a p^^ ,j^ j5^^_
Company by the Name of tT/jj Siijf'olk Infurdnce
Compan-j?^

ipE it enaBed by the Senate and Houfe of Repyefentatives, in
■'-^ General Court a(fembledy nnd by the authority of the farngf
That The Suffolk Infurance Company ilall be, and hereby are au-
thorized to invt-ft of their capital ftock in real eftate, and to
hold the fame, to any amount, not exceedingj^h' thyufnu dol-
lars ; any thing in the Adt to which this is an addition to the
contrary notwithftanding.

[This Ail pafled January 24, 1 804.]

An ACT in addition to an Acl, entitled, " An Ad: j^^^^^^y^^^

for incorporating Woodbury iitorer^ and others, by 33, i«04.

the Name and Style of The Proprietors of the Cum*
berland Canal,*'

q T)B it enaBed by the Senate and Hotife of Reprefenta-

■^ tiveSf in Genera/ Court affcmbled, and ^v th.e author^
ity of the fame. That the iaft feclion of an Acl, entitled, " An
A<51 for incorporating IVoodbmy Stayer ^ and others, by the ^^""^ *'^^'"'"^
name and ftyie of ne Proprieto s of the Cumberland Canal," be, ^^ "P«lcd.
and the fame hereby is repealed.

Sect. 2. And be it jurthtr enaBed ^ That if the faid Pro- xime to com-
prietors ihall refufe or negle6l, for the Ipace of fifteen years plet« Caual,
from the time of paffing the faid A61 to which this is in addi-
tion, to build and complete the Canal authorized by faid A£t,
fo as to be paflable in the manner therein provided, then the
faid A61 ihali be void and of no eflfecl.

[This Ad paiied January 24, 1804.]

m FALMOUTH CANAL. yan, 30, An. 1 804.

An ACT in additidn to an A61, entitled, " An Act
June 4j, 1795. for incorporating Jofeph Noyes, and others, by the
i— .»3,i8o4. ^ame and Style of The Proprietors of the Falmouth
CanaV

q TyE it eiiaBed by the Seriate and Houfe of Reprefenta'

^-^ tiveSi in General Court ajjembledf and by the author^

ity of the fame^ That the laft feftion cf an Aft, entitled, « An

- . A£l for incorporating Jofeph Noyes^ and others, by the name

law repealed ^'^d ftyle of The Proprietors of the Fahnouth Canal ^' be, and the

fame hereby is repealed.

Sect. 2. Be it further enaBed^ That if the faid Proprietors

Time to cem- ^"^ refufe or n6gle£l, for the foace of fifteen years from the

|)lbte Canal, time of paffing the faid Acl to which this is in addition, to

build and complete the Canal authorized by faid Aft, fo as to

be paiTable in the manner therein provided, then the faid Aft

fhall be void and of no efreiTt.

[This A61 paffed January 24, 1 804.]

An ACT in addition to, and for repealing the fec-

ond Seftion of an Ad, entitled, " An Ad to au*

., . - thorize 'Jeffe Dunbar, and others. Owners of the

March 7,1803. _*.,, r/.'^ tt i • i /-< r t^i ?

Mill at acituate Harbour, in the County or tlymoutb^
to erccl Dams acrofs Mill Creek and Main Creek ^ fo
called, at faid Harbour."

„ D^ it 'enaBed by the Senate arid Houfe of Rpprefenta-

■^ tives, in General Court njfembled, and by the author-
ity of the fanfey That Jeffe Dunbar ^ and tlie other owners of
the mill at Scituate harbour, in the county of Plymouthy their
heirs and affigns, ihall make the flood-gates in the dam acrofs
Mill Creek and Main Creek, fo called, in faid harbour, upon
Direftiofls re- f"^^^ conftruclion as to admit veflels paffing through them at
fpeding flood- and nGar highwater, the paffage to be twenty feet wide, and
gates and paf- of fufficient width at Mill Creek, and fliall open as large and
age-way. ^^ deep a paflage between Mill and Main Creeks, above faid
dams ; faid flood-gates to be in th^ deepefl: water and where
nioft convenient for the paflage of veflels ; and (hall open faid
flood-gates, on flood-tide, from the time the waters above and
below faid dam are level, until highwater, when requeued by
any perfon or perfons deflring to pafs through faid dm with
their veflels ; and upon refufal or negleft to open as aforefaid,
they fliall forfeit and pay for each oiience to the perfon or
perfons fo requefting the fame, the fum of two hundred dollars -
Provided however. That the owners of the mill-dam fliall not

WARWICK, &c. TURNPIKE. Jan. 30, An. 1804. ^89

be obliged to build new flood-gates for feven years, if they
fliAlI roinove the (Iring-pieces from above the prefent flood-
gates and make thetn palTable at high-water, and dig and re-
move the banks belosv, To as to admit veiTels up that can pafs
through r.iid flood-gates ; and if it (liould^ be neceflary for
larger veflsls to pafs through the dam than the prefent flood-
gates will admit, the owners of the dam ihall, at their own ex-
penfe, open a fuflicient paflage through faid dam : And it is
fu'thcr provided^ That nothing in this A61: or the Acl to which
this is an addition, fliall be conftrued to bar the owners of
meadows from recovering their full damages fufliained by the
erei^Uon of faid dam.

Sect. 2. And be it further cnaSfed, That the fecond feiElion
of the Acl;, entitled, "An K€t to authorize Jejfe Diaibar, and ^^T' ^^ f"""™"
others, ov/ners of the mill at S/iiuate harbour, in the county ^'^^^ *
oi Plymoidhy to ere>:l: dams acrofs Mill Creek and Main Creek,
fo called, at faid harbour," be, and hereby is repealed.
[This Acl paiTed January 30, 1804.]

An ACT for cflabliOilng a Corporation by the Name
of The Warzvick and Irvin^s Gore Turnpike Corpora-
tion.

WHEREAS the Iiighway leading from the line of the
St.ite of Nciu-Hamj^jire, through Warwick and unin- P'"^^^^*'
corporated land, to the fouth branch of the Fifth Majfachufetts
Turnpike, is circuitous and rough, and the expenfe of making,
■ ftraightcning and keeping the fame in good repair, is much
greater than can reafonably be required of faid town :

Sect. i. Be it enatled by the Senate and Houfe of RepreferJa"
fives y in General Court njjembledy and by the authority of the fame ,
That Ifael Trajhy Jf'ah Cobby Jacob Rich, Oliver Chapin, Ben- Names of per-
Jcmin Tucl, Zachariah Barber^ Mark Moorey Andrenv Burnet^ ^<^°* incorpora.
. Ebenezer Willfony IViirtam Cobby jun. Elias Kniwlton, J'fah ^^^
Fomeroyy'ym. Jufus Rujell, Jojhua Burnety Jofph IVilliamSy
Bunynn Pennimany Samuel Melejidyy and James Blahe, together
with fuch others as may hereafter aflbcinte with them and their
fuccefTors, be, and they hereby are conilituted a Corporation, by
the name of The War-ivick and Irvin's Gore Turnpike Corporation ,-
and by that name ihall fue and be fued, and fliall have a com-
mon feal, which they may alter at pleafure, and enjoy all the
privileges and powers which are by law incident to limilar Cor-
porations, for the purpofe of laying out, making and keeping in
repair n turnpike roacl : Beginning at the line of the State of
■New-Hampfhire, near the hcufe of Ebe?.ezer Bancroft, in faid fj'j/" *'^ *^

IVarivick i

Vol. III. 2.,..N

29€>^ WARWICK, &c. TURNPIKE. Jan. 30, An. 1804.

Wdrnuick ; thence foutherly, in the moft direct and eligible
way, to the meeting-houre in faid Wavwick .• from thence, in
as ftraighu a line as the ground will admit, to Benjamin Tuel\
mills ; from thence, in the moft diredt and commodious way,
through Irvin*s Gore, fo called, to interfeiSt the fouth branch of
the Fifth Majjachiifetts Turnpike Road, at or near the houfe of
Lemuel Raiufon.
Firft nv^etin;; Sect. 2. And he it furthey enaEled^ That a meeting of the
where to be laid Corporation Ihall be held at the houfe of Ebenezer JFillfonf
^'^^ innholder in Warwick aforefiid, on the fecond Tuefday in April

riext, at one o*clock in the afternoon, for the purpofe of choof-
ing a Clerk, who (hall be fworn to the faithful difcharge of his
truft, and fuch other officers as fliali then and there be agreed
upon by the faid Corporation, for regulating the concerns
thereof; and may alfo agree upon fuch mode of calling future
meetings as they lliall judge proper ; and at the fame or any
fubfequent meetings, nuxy make and eftablilh any rules and
regulations that fhall be necefTary or convenient for regulating
the faid Corporation, for effecting, completing and executing
the purpofe aforefaid, or for collecting the toll hereafter grant-
ed •, and the fame rules and regulations mav caufe to be kept
and executed, or for the breach thereof may order and enjoin
lines not exceeding thii'teen dollars and thirty-three cents for any
breach thereof, provided fuch rules and regulations are not re-
pugnant to the laws or Coaltitution of this Commonwealth :
And each Proprietor in faid turnpike road, or by his agent duly
Each fhare cr- authorized in writing, fhall have a right to vote in all meetings
titles to a vote, of the faid Corporation, and fhall be entitled to as many votes
^^ ... as the faid Proprietor has fhares in the fame : Provided however y

That no one Proprietor fliall in any cafe be entitled to more
than ten votes, for any number of fliares he may hold.

Sect. 3. And he it further enacled. That the faid Corpora-
Corporational- ^.j^^ ^^^ ptirchafe and hold lands over which they may make
lands. Court ^'"^ T^o^<^ '■, and the Juftices of the Court of General Seflions of
nf Seflions to the Peace in the county of Hampjhire are hereby authorized, on
lay out the application of faid Corporation, to lay out faid road, or any part
thereof within their jurifdiction, as with the confent of faid
Corporation they fliall think proper : And the faid Corporation
ihall be liable to pay all damages tliat fhall arife to any perfon
by taking his or her land for fuch road, when the fame cannot
be obtained by voluntary agreement, to be eftimated by a Com-
inittee of the Court of General Seffions of the Peace in the faid
county oi Hampfnire., faving to either party the right of trial by
Jury, according to the law which makes proviiion for the recov-
ery of damage arifing from the laying out of highways : Pro'
vided tieveyfhelefs, That in all cafes wherein the damage fliall be
increaied by a Jury, the Corporation fhall be held to pay the
cofls.

Sect.

WARWICK, &c. TURNPIKE. 'Jan. 30, An.1804. 291

Sect. 4. And he it further cr-cHed, That the faid turnpike „ . .

. ,-. ,7 . , • , -^ , . 1 f • 1 /^ • ^ r "<'w the road

road Ihall be laid out and made by laid Corporation, not leis j^ (^ be made,

than four rods wide, and the path to be travelled on not lefs where a gate it
than twenty-one feet in width in any place where it is pra^lica- *° ^^ ereded,
ble, and well guarded with railings in dangerous places j and ^" dcmaudt-d!''
when the faid turnpike road Ihall be fufficiently made, and (hall
be fo allowed and approved by a Committee to be appointed by
the Juftices of the Court of Common Pleas for the county of
fuinpjhirey then the faid Corporation fliall be authorized to
erect one turnpike gat« on the fame, in fuch place as (hall b«
neccfliiry and convenient, between the houfe of Lbenezer WU!'
fotiy innholder in find IVariv'icky and the fouth branch of the
Fifth Majfachufeits Turnpike Road ; and iLall be entitled to
receive from each paiTenger and traveller the following rate of
toll, viz. For each coach, phaeton, chariot, or other four-wheel
carriage, drawn by two horfes, tiuentyjive cents, and for each
additional \\o\'h,four cents j for each cart or waggon, drawn by
two oxen or horfes, tnvelve and aa half cents, and for each addi-
tional ox or horfe, four cents ; for each curricle, fixteen cents ;
for each chaife, chair or fulkey, drawn by one horfe, tnvelve
and an half cents -. for each (leigh or (led, drawn by two oxen
or horfes, ten cetiis, and for each additional ox or horfe, threfi
ce?its ; for each man and horfe, fuc and otie fourth of a cent ; for
each (leigh, lied or cart, drawn by one horfe, /even cents ; for
all cattle, horfes or m.ules, led or driven, one cent each ; and for
all (heep or fwine, three cents per the dozen ; Provided, That
nothing in this A<f\ fliall authorize faid Corporation to demand
toll of any perfon who (hall be paffing with his horfe or carriage
to or from his ufual place of public worlhip, or with his horie, Exemptions
team or cattle, to or from the common labour on his farm, or
to or from any grift-mill, or the common and ordinary bufinefs
of family concerns, or from any perlbn or perions palBng on.
military duty : Provided alfo. That the General Court may
hereafter otherwife regulate the tolls' to be paid by carts and y^jj ^£ ^^^^^
waggons, according to the width of the fellies of the wheels on and -waggons
which they (hali run, and the burdens which they (hall carry t.n'^y b« othew
And faid Corporation may, if they fee caufe, commute the rate> '^^''^'^ regulated.
of toil with any town, perfon or perfons, by taking from him or-
them a certain fum annually, to be mutually agreed upon in
lieu of the toll aforefaid : And the faid Corporation, at the
gate where the toll (Ijall be collected, (liall eveft in a confpicu-
ous place, and conftantly keep expofed to view, a (ign or board,
with the rates of toll of all the tollable articles fairly and legibly
written thereon in large or capital charaiflers.

Sect. 5. And be it further enaEied, That if the faid Corpo-
ration, their toll-gatherers, or others in their employ, (hAll
unreafonablv rltOav or hinder any traveller or paKcngcr at the

faid

294 WARWICK, &c. TURNPIKE. Jan, '^.o. An. 1 804.'

faid gate, or fhall demand or receive more toll than is by thi<j
p . - A£t eftablilhed, the Corporation lliall forfeit and pay a luni not
laying pafTcn- ^^^^^ding ifc"/? ^o/Zflrx nor lefs than one dollar^ to be recovered
gers and de- before any Jufcice of the Peace in the county wherein the of-
manding iUe- fence fhall be committed, by any perfon hindered, delayed or
^ ^"^ "* defrauded, in a fpeci'al adlion on the ctSq ; the writ in ^vhich

ihall be ferved on the Corporation, by leaving a copy of the
■fame with the Treafurer, or v/ith lome member of the Corpo-
ration living in the county wherein the a£lion may be brought,
at leaft feven days before the day of trial ; and the Treafurer
or fuch member fhall be allowed to defend the fame luit in
behalf of the Corporation : And the Corporation fhall be Habit;
to pay all damages which fhall happen to any perlbn from v/hom
toll is by this Act demandable, for any damage which ihall arife
from defecft of bridges or want of repairs, in faid road ; and fhall
alfo be liable to prefentraent by the Grand Jury, for not keeping
the fame in good repair.

Sect. 6. J mi be it further erun-sd. That if any perfon fhall
cut, or break dov/n, or othervAife deftvoy faid gate, cr Ihall dig
up or carry away any earth from the faid road, or in any man-
ner damage the fame, or firall bring into, and leave in the trav-.-
elled way any flones. or fliall by any incumbrance obflrucl a
free palTage, or ihall forcibly pals, or attempt to pafs by force
the faid gate, without having firfi paid ihe legal toll, fuch perlbn
iniurinr' "the ^^^^ forfeit and pay a fine not exceeding ffty dollars nor lefs
gate or road, than fifteen dollars.^ to be recovered by the Treafurer of faid
and for cvad- Corporation to their ufe, in an a<^.ticn of trefoafs on the cafe :
ing toll. ^j^ j ■£ ^j^y. pej.fr)j^ \f\xh a team, cattle or horfe, fnall turn out of

faid road to pafs the turnpike gate aforcfaid, and again enter
faid road, with an attempt to avoid any toll eftabliiheu as afore-
faid,- iuch perfon fliall forfeit and pay i%vo dollars, to be recov-
ered by the Treaiiirer aforelaid^ to the ufe of laid Corporation,
by an action of debt.

Sect. 7. j4nd be it further enuBedy That the fhares in- faid
Shares deemed ^^^^ 'i)xiS\. be deemed perfonal eftate to all intents and purpoies,
perfonal eftate, and ihall be transferable by deed, duly acknov/ledged before
and mode of any Juftice of the Peace, and recorded by the Cierk of faid
tachmcnt &-" Corporation, in a book to be kept for that purpofe : And when
prcfcribed. '""^y lliare fhall be attached on mefne procefs, or taken in execu-
tion, an attelted copy of fuch writ of attachment or execution
fhall, at the time of the attachment or taking in execution, be
left with the Clerk of faid Corporation, otlierwife the attach-
ment or taking in execution to be void; and iuch fliares may
be taken and ibid by execution in the iame n^anner as other
peribnal eftate, and the olScer or judgment creditor, leaving a
copy of fuch execution, with the ofiicer's return thereon, with
the Clerk of laid Corpori;t:on; within fourteen davs after fuch

« iale.

WARWICK, &c. TURNPIKE. Jan. 30, An. 1 804. 293

Tale, and paying for the recording thereof, fhall be deeme4 a
fuScient transfer of the fa^ie.

Sect. 8. And he it further enaclej, TJvat whenever any Pro-
prietors fhall neglea or refufe to pay any tax or ahelBnent duly
voted and agreed upon by the Corporation, to their Treafurer,
witliin fixty days after the time fet for the payment thereof, shares of dc
the Treaiurer of faid Corporation is hereby authorized to fell linquems to be
at public vendue the Ihare or fhares of fuch delinquent Propri- fold; "n^^'he
etor, one or more, as fhall be lufficient to defray faid taxes and ^*""^^ '" *'
neceflary incidental charges, after duly notifying in the newf-
■paper printed at Worcejier the fums due on any fuch {hare,
and the time and place of lale, at leafl twenty days previous to
the time of fale ; and fuch fale ihall be a fufHcient transfer of
the fbare or Ihares fo fold to the perfon purchafing ; and on
producing a certificate of fuch fale from the Treafurer to the
Clerk of faid Corporation, and the name of luch purchafer,
with the number of ihares fo fold, fliall be by the Clerk entered
on the books of faid Corporation ; and fuch perfon fliall be
confidered to all intents and purpofes the Proprietor thereof}
and the overplus, if any there be, fhall be paid on^emand by
the Treafurer, to the perfon whofe ihares are thus fotd.

Sect, q, And be it further ena^ed^ That the faid Corpora- .

tion IS hereby allowed to grant monies to luch perlons as xiave \f.^ to certain
rendered fcrvices to the Proprietors in exploring the route of perfons jkllow
the turnpike road, or Qtherwife, previous to the Aft of incor- ^^•
poration : And the faid Corporation is hereby authorized to
purchafe and hold other real elfate, adjacent to and for the ac-
commodation of the faid road, to the amount of t'wo thoufand
dollars.

Sect. 10. And he it further enacted.^ That the faid Cor-
poration fhall, within fix months after faid road is complet-
ed, loilge in the Secretary's ofKce an account of the expenfe Statemcr.J.s of
thereof i and the fiiid Corporation Ihail annually exhibit to the receipts "to ^!lc
Governor and Council a true account of the income or dividend exhibited,
arifing from the faid toll, with their necelTary annual difburfe-
ments on the faid road ; and that the books of the Corporation
fhall at all times be fubject to the infpection of the Governor
and Council when called for.

Sect, i i . And he it further eucxted. That the G eneral Court J^^'^^tf *'dif-
may diiTolve the faid Corporation, whenever it fhall appear to foUed wken
their fatisfaclion that the uicome arifing from the toll fhall have the Proprietoiti
fully compenlated the faid Corporation for all monies they have ^''^ indemmfi-
expended in purchafing, repairing and taking care of the faid '
road, together with all interell thereon at the rate of tivelve
per centum by the year ; and thereupon the property of the faid
road fhall be veiled in this Commonwealth, and be at their
dilpofal : Provided however^ That if the faid Corporation fliall

ne^ledl

294 TEMPL. BAPTIST SOCIETY. Feb. io,An.i8o4.

neglefl: to complete the faid turnpike road, for the fpace of
four years from the date of this A<St, the fame fhall be void
and of no eflPe£b

[This A£l pafTed January 30, 1 804.]

An ACT in addition to and to amend an Aft, enti-
tled, " An A£t to eftablifh a School in the South
Parilli in the Town of Attkborough, by the Name of
Tunci3, igoi. f/jff Frank/in School^ and for incorporating the
Truftees of tiie faid School into a Body Politic."

D£ it enaEfed by the Senate and Houfe of ReprefentativeSy in
•^^ General Court ajjembledy and by the authority of the famfy
That the A^, entitled, « An A(fl to eftablifh a fchool in the
fouth parilh in the town o{ Attkboroughy by the name of The
Franklin Schooly and for incorporating the Truftees of faid
School into a body politic/' fhall be amended, deemed, taken
and confidered, to all intents and purpofes, as if the words
' e-ajl parljh^ had been inferted in faid A61 in all places where
jthe words ^ fouth parifn' occur ; any thing in the aforefaid A6t
to tlife contrary notwithftanding.

[This Acl pafTed February I o, 1 804.]

An ACT to incorporate a Number of Inhabitants of
the Towns of Tcmpleton and Winche?idony in the
County of V/orceJier, into a diftinft: Religious Soci-
ety by the Name of The BaptUi Society in Templeton,

(, DE it enaBed by the Senate and Houfe of Reprefenia-

■^-^ tivi's, in Gent-ral Court ajfembled, and by the author^

>!<•«■ 'O" ^f ^'^^ famcy That Siias Cutlery Shubael Johnfny Joel Fletcher y

fons incorpora- Stephen Hajlvlly Jofhua Tucker y Jairus Partridgey Jacob IValesy

ited. Samuel Sii7iondsy Ifinc Grouty Gideon Bacony J^b Fryey Benjamin

JirGit-Uy N:ithari Bryant^ Oliver Farnfiuorthy fames Siinondsy

Samuel Beal, Oliver Hajkelly C'^rus Broivn^ Timothy Parkery Jo-

fiah Bntcey Cyrus Cooky Samuel Ffljer, Williai7i Fletcher^ Abel

Thomfony Aaron H%dey Suel U'hitcomby Ephraim Cutlery Thomas

Bryanty Jeremiah Slocomby John ChacCy Daniel Norcrofiy jun.

Samuel Broivny Levi Norci'ofsy James Johnfony Ziba Simondsy

with their families and eftates, together with fuch others as

have or m.ay hereafter alTociate themfelves for the fame pur-

pofe in the manner hereinafter defcribed, be, and they are

hereby incorporated into a religious Society by the name of

The Baptijl Society in Templetony with all the powers, privileges

and i^-nmunities to whicli other parilhcs are entitled by the

Coaltitutiou

Corporate

name.

TEMPL. BAPTIST SOCIETY. Feb. lo, An.1804. 29S

Conftitution and laws of this Commonwealth, for the exprefs
purpofe of conducing and tranfa^ltng their religious concerns,
and for that purpofe only.

Sect. 2. Be it fathtr emEledy That any perfon in either ^^^ ^^ -^^^
of the faid towns of Templeton or JVifichetidon aforefaid, being the Society,
of the Baptift denomination aforefaid, Avho may at any time
hereafter aftually become a member of, and unite in religious
worfhip with the Society aforefaid, and give in his or heJ^
name to the Clerk of the town to which he or fhe belongs^
with a certificate figned by the Minifter or Clerk of faid So-
ciety, that he or flie has aflually become a member of, and
united in religious worfhip with the aforefaid Baptill Society
in Templeton, fourteen days previous to the town meeting there-
in to be held in the month of March or April annually, fhall,
from and after giving fuch certificate, with his or her polls
and eflate, be conndered as part of faid Society : Provided
hoivever. That fuch perfon Ihall be held to pay the propor-
tion of all money aflelTed in the town to which he or fhe be-
longed previous to that time.

Sect. 3. Be it further enaBedy That if any member of
faid Baptift Society fhall at any time fee caufe to leave the ^"^ ^° '"^«
fame, and unite in religious worlhip with the town in which """y*
he or fhe may refide, and fhall lodge a certificate of fuch
their intention with the Clerk or Minifter of faid Baptift So-
ciety, and alfo with the Clerk of the town in which he or
fhe may refide, fourteen days at leaft before the annual town
meeting to be held therein in the month of March or Aprily
and fhall pay his or her proportion of all money affefTed on
faid Society previous thereto, luch perfon or perfons fhall,
from and after giving fuch certificates, with his or her polls
and eflates, be ccnfidered as belonging to the town in which
he or fhe may refide, in the fame manner as if he or fhe had
never belonged to faid Baptifl Society.

Sect. 4. And be it futther enacted. That Thomas FiJJjer, T. FIflier, Efq.
Efq. be, and he hereby is authorized to ifTue a warrant, diredl- '" "'^ ^'^^
ed to fome fuitable member of faid Baptiil Society, requiring ^*

him to notify and warn the members thereof to meet at fuch
time and place as fhall be appointed in flaid warrant, to choofe
fuch officers as pariflies in this Commonwealth are by law au-
thorized to choofe in the month of Alarch or April annually,
to condu<5t the religious concerns of faid Society.
[This i\di puffed February ICJ, iSoa.J

296 BRADFORD ACADEMY. F^^. 10, An. 1804*

An ACT to eftablifh an Academy in the Weft Parifh
in the Town of Bradford^ by the Name of Bradford

Academy.

WHEREAS the Rev. Jonathan Alien, Benjamm Carlton ^
Daniel Carlton, "Jfeph Chadiach, Jonathan Chadivicky
AJa Gage, Uriah Gage, Jeremiah Gage, Peter Gage, John Grif^
Jin, John Hnfeltine, Mofes Kimbal, James Kimbal, Edmund Kim-
bal, Edivard Kimbal, John Smiley, Nathaniel Thurjlon, Ezra
TraJk, Benjamin Walker, and Samuel Wcbjler, have built a good
and convenient houfe for the purpofe of an Academy for the
education of youth of both fexes, in the weft pariih of Brad-
ford, in the county of Ejfex, and have gwexi fifteen hundred dol-
lars, the intereft of which is to be applied to the fupport of
faid Academy ;

Sect. i. Be it enacled by the Senate and Houfe of Reprefenta'
iives, in General Court afembled, and by the authority of the faine.
That there be, and hereby is eftablifhed in the vpeft parifli of
Bradford, in the county of Ejfcx, an Academy by the name of
Bradford Academy, for the purpofe of promoting piety, religion
and morality, and for the education of youth in fuch langua-
ges and in fuch of the liberal arts and fciences as the Truftees
Name^ of the hereinafter named (hall direct: And that the Rev. Jonathan
Truftees. Allen, the Rev. Ebemzer Dutch, the Rev. Ifaac Brawan, the

Hon. Nathaniel Maifj, Efq. the Hon. Bailey Bartleit, Efq. Na-
thaniel Thurflon, Efq. James Kimbal, Elq. Benjamin Walker, phy-
iician, Jofcph Chadivick, Edward Kimball, and Samuel Webfler,
gentlemen, be, and they are hereby incorporated into a Body
Politic and Corporate by that name forever : And the faid
Truftees fhall have and keep a common feal, vv'hich they may
break, alter or renew whenever they may think neceffary or
convenient -, and that all deeds figned and fealed with fuch
feal, and delivered and acknowledged by the Secretary of the
faid Corporation, by order of the faid Truftees, fhall be good
and valid in law ; and that the faid Truftees may fue and be
fued, in all aclions, real, perfonal and mixed, and profecute
and defend the fame to final judgment and execution, by the
name oi The Trufees of Bradford Acndetny : And the number
NunVber of q£ Truftees of the faid Academy Ihall never exceed eleven,
ei'^ "^^^ ' ' ' ^'^^ be lefs than feven, and fix fliall form a quorum for doing

bufinefs.
Property ron- Sect. 2. And be it further efiacled. That all the monies,
firmed to the lands, or other property, and things already fubfcribed and
rruitees, and giyg^ or which ihaU be hereafter given, jjranted, devifed, be-

they are ern- £5 -' <> ^ t::"^ ^ ^

powered to queathed, transferred or afllgned to the faid Truftees, for the
receive be- purpofcs aforefald, or either of them, ftiall be confirmed to

quells, &c. ^Ijg

HEBRON ACADEMV* F^/^. io, An.1804. ^97

the faid Truftees and their fucceflbrs in that truft forever ;
and that the faid Truftees may have and hold in fee Cmple,
by gift, grant, devife, bequeft, ol: otherwife, any or all lands,
tenements, hereditaments, and other eftate, real or perfonal,
provided the annual income thereof Ihall not exceed the fum
of JiiU' thoufand dollars^ and may fell and difpofe of the fame,
and apply the rents, ilTues and profits thereof, in fuch manner
as the end and delign of the faid inftitution in their difcretion
may require.

Sect. 3. And he it further ena^edj That the faidTruftees Truftees to ap-
fhall have power, from time to time, to ele(5l fuch officers of P"'"' neceffary
the faid Academy as they iLail judge neceflary, and to fix the °enioveaTru*i-
tenures of their refpedlive olfices ; to remove any Truftee tee, &c,
from the Corporation, when in their opinion he Ihall be inca-
pable, by reafon of age or other incapacity, of difcharging the
duties of his office j to fill all vacancies in the faid Corpora-
tion ; to determine the time and places of the meetings of
faid Corporation, the manner of notifying, and the method of
electing and removing Truiiees ; to ele£t and prefcribe the
powers and duties cf the officers of the faid Corporation, and
aUo to prefcribe the powers and duties of the preceptor, pre-
ccptrefb, teachers, and all other officers of the Academy ; and
to make and ordain reafonable rules, orders and by-laws, not
repugnant to the laws of this Commonwealth, with reafonable
penalties, for the good government of the faid Academy.

Sect. 4. And be it further enaBed^ That the Rev. Jonathan
AUciiy be, and he is hereby authorized to fix the time and Flrft meeting,
place for holding the firft meeting cf the faid Truftees, and
to notify them thereof.

Skc t'. 5. And be it further enaEledy That this Aft fliall not Corporation
be conftrucd to entitle faid Academy to any donation of the "ubi]""an^^'°
public lands.

[This Aft: pafTed February lo, 1804.]

An ACT to eftablifli an Academy in the Town of
Hebron^ by the Name of Hebron Academy^ and to
create a Corporation of Truftees for tlie fame.

„ TiE it enaifed by the Senate and Houfe of Reprefenta"

■^ tiveSi in Genera/ Court affembled, and by the author^
ity of the fame., That there be, and hereby is eftablifhed, in the
town of Hebron, in the county of Cumberland^ an Academy, by "ebron Acad-
the name ot tieb'-on A.ciidemyy tor the purpoie ot promotmg g,j/
piety and virtue, and for the education of youth in fuch lan-
guages, and in filch of the liberal arts and fciences as the
Truftees hereinafter provided fhall order and dire^.

Sect.
Vol. III. 2....0

298 HEBRON ACADEMY. F^^. ic, An.i8e)4.

Sect. 2. ,And he it further triaBed hy the authority nforefaid,
-That the Rev. John Tripp, Rev. James Hooper, Scmiuel Paris ^
Truftees. Ezckiel Whitman, Cyrus Hamlin, 'John Grecwwood, Luther Cary^

and Jcjfe Rice, Efquires, and Mr. Wiliinrn Biirroivs, be, and
they hereby are nominated and appointed Truftees of the Taid
Academy ; and they are hereby incorporated into a Body
Pohtic, by the name of The Trujiees of Hebron Academy, in the
county of Cumberland ; and they and their fucceffors (hall be
and continue a Body Politic and Corporate by the fame name
forever.

Sect. 3. And be it further enacted^ That the faid Truflees,
Truftces to ^jnd their fucceffors, fnall have one common feal, which they
have a com-^^^y. jji-g^^u^ change and renew, from time to time, as they
fliall fee fit ; and they may fue and be fued in all actions, real,
perfonal and mixed, and profecute and defend the fame to
final judgment and execution, by the name of The Tnfiees of
Hebron /icaiemy, and may appoint an agent or agents to profe-
cute and defend fuch fuits.

Sect. 4. And be it further enaBedy That the faid John
Greenwood, and others, the Truftees aforefaid, and their fuc-
.— to he tlie coTors, be, and they are hereby made the Vifitors, Truftees
vifitors, gover- and Governors of the faid Academy, in perpetual fuccelfion
nors,&c.ofthejjrgj.g^.gj.^ to be continued in the way and manner hereafter
cd ui.y. fpecitied, with full power and authority to elecl fuch officers
of the faid Academy as they fiiall judge necefiary and con-
venient, and to make and ordain fuch laws, orders and rules,
not repugnant to the laws of this Commonwealth, for the
good government of faid Academy, as to them lliall feem fit
and requifite.

Seci'. 5. And he it further enaBedy That the number of the
Number ."f Truftees aforefaid fliall not at any one time be more than
^^ruitees unit- ^.^^ ^^^ ^^^^^ ^^^^^^ feven, five of whom at leaft fliall be necef-

fary to conftitute a quorum for tranfacling bufinefs.

Sect. 6. And he it further enaBedy That as often as one or

Vacancies at mofeof the Truftees aforefaid (hall die or rcfign, or in the

th.' B'^ard of judgment of the major part of the Truftees, (hall be rendered

Tru^ees to be incapable, by age or otherwife, of difcharging the duties of

* his officii, the Truftees then furviving ftiall elect one br more

' perfons to fill fuch vacancy or vacancies.

Sect. 7. And he it further ennaed, That the Truftees afore-

Ibwfuo hold^^i^-^' ""<-^ '^^^^^^ fucceffors, be, and they hereby are rendered

property to a Capable in law, to take and hold by gift, grant or devife, be-

certain a- queft or Otherwife, any lands, tenements, or other eftate, real

mount. ^^ perfonal, which hath heretofore been given or fubfcribed,

or which may hereafter be given or fubicribed for the purpofe

aforefaid : Provided, That the annual income of the faid real

eftate fliall not exceed the ium of one thoufand dollars^ and the

annual

BRADFORD CONG. FUND. Ftb. lo, An.1804. 299

annual income of the faid perfonal eftate fhall not exceed thfi^
fum of three thoufaftJ dollars ; and all deeds and inftruments
which the laid Trullees may lawfully make, fliall be fealed
with their feal, and Ihall bind the Trullees and their luccef-
fors, and be valid in law.

Sect. 8. Jiid be it further enaBed^ That John Greenivood^ l Greenwood,
Efq. be, and hereby is authorized and empowered to appoint J^^^'^lj^^^^'g^j^
the time and place for holding the firfl: meeting of faid Truf- meeting.
tecs, and notify them thereof.

[This Act paiied B\'bruar-^ lo, 1S04.]

An ACT to incorporate certain Perfons as Truftees
of a Fund for the Support of a Congregational
Goipel Miniller in the Firtl Parifli in Bradford^ in
the County of EJpx.

WHEREAS Jonathan Chad%jicky of Bradford, in the
county of EJJcx, hath given unto the Firft Congrega- ., ^■^■^.\„
tional Society in faid Braiford^ a State Note of eleven hundred
and tzvsnty-five dollars, principal and intereft, the intereft of
which is to be applied towards the iiipport of a Congregation-
al Minifter in the faid Society forever hereafter :

Sect. i. Be it eiraSled by the Senate a?id Houfe of 'Reprefcnta-
tiveSi in General Court uffembled, and by the^ authority of the fame.
That Njthan'-el ThwJioHy Junes Kimbally Aja- Gage, Jofeph N^mes of th^
Chadiuick, Richard Walker, Samuel Wehjfer, Eihuard Khnbally Trullccs.
Benjamin Walker, Peter Gage, Francif Kimhally fchn Gri^n,
Edmund Kimball, Uriah Gage, Richard Woodman, Jejfe Kimball,
Daniel Carlton, and Timothy Phillips, be, and they are hereby
appointed Timllees to manage fuch funds as are or fliall be
raifed and appropriated to the ufe aforefaid, and for that pur-
pofe they and their fucceflbrs are hereby incorporated into a
Body Corporate and Politic forever, by the name oi The Truf- Corpor^t©
tees of the Funds for the Support of a Congregational Gofpel Alinif- "'^°'^'
ter in the Fiji Parifo in Bradford : And the faid Truftees fliall
have and keep a common feal, fubjedlto be changed or altered '
at plea'iure ; and may fue and be fued, and profecute and de-.
fend to final judgment and execution : And the number of'
Truftees ihall never be lefs than feven, and five Ihall form a
quorum for doing bufinefs.

Sect. 2. And be it further enaEled, That the faid Truf- ^

tees be and hereby are vefted with full pov/er to receive into -^"^P"^^''^. '^
. . ' . , ,- . . r. ^ .. receive monies,

their hands all monies and lecunties tor money already raif-
ed, and all monies, fubfcriptions, donations and fecurities for
real or perlbnal eftate that may hereafter be given, raifed or
fubfcribed for the purpofe aiorefaid ; and may fell and con-
vey,.

300 BRADFORD CONG. FUND. Feb, ig, An. 1804.

vey, by good and well authenticated deeds, lands and teno»
ments, whereof the fee may veft in them, by virtue of mort-
gage, or execution, or otherwife.

Sect. 3. And be it further enaSiedy That the aforefald fund
Fund to be put ^-^x be put to ufe or jntereft, and the annual intereft of faid
at interc \. ^^^^ ^^^U 1^^ applied to difcharge the falary of the Congrega-
tional Gofpel Minifter now fettled or that may hereafter b©
■ ^°' fettled in the faid firft parifh : Provided however y That fliould

the faid Truftees be pofTelTed of a capital, the annual intereft
whereof fhall be moi'e than fufScient to difcharge the falary
aforefaid, the furplus fum may be applied to the payment of
the other neceffary expenfes arifing from fupporting i.\id Con-
gregational worfhip, or for the fupport of fchools, as the laid
Trurtees from time to time fhall direifl ; or the fame may be
;>ppropriated to augment faid fund, within the limitation here-
after exprefled : And the faid Truftees are hereby made ca-
pable of holding as aforefiiid real ?md perfonal eftate, the an*
nual income of which iliall not exceed mne hundred dollars ;
and no part of the capital of faid fund ftiail ever be expended.
Sect. 4. And he it further enacledy That the Truftees for
offi b *^^ '■^'^'^ being may eied a Prefident, Clerk and Treafurer |

cleded. '^"'^ ^^^ Clerk and Treafurer fhall be under oath faithfully to

perform their duty : And the Treafurer Ihall receive into his
hands the monies from faid Truftees, and under their direc-
Treafurer to^^°" P"^ ^^^ fame to ufe or intereft, with fuffici^nt fecurity for
j;ivc bondi, the fame, having previoufly himfelf given bonds to faid Truf..
tees, with fufficient fureties to their acceptance, for the faith-
ful performance of his duty : And faid Truftees Ihall have
power to hll all vacancies that fliall happen from death, refig-
nation or removal out of iaid Society : Apd the faid Truftees
and their fucceflbrs fhall remain a Body Corporate, to perpet-
uate the appropriation of faid fund, according to the inten-
tions of the donor or donors within the provifjons of this Acl ;
And faid Truftees ftiaU annually in the month of Januaryy
make a full and fair ftatement of the fituation of tl^e funds
aforefaid, and deliver a copy of the fame to the Clerk of faid
Congregational Society.

SiCT. 5. Avd be it further enaBedy That Nathaniel Thurjlony
. - . Efq. is hereby authorized to call the firft meeting of faid
^' Truftees; and faid Truftees fhall determine the mode of call-
ing future meetings.

[This A£t pafTed February 10, 1804.3

CONNECTICUT RIVER, &c. />^. lo, An.1804. 30X

An ACT in addition to an Ad, entitled, «< An Ad to
prevent Damages being done upon the improved
Lands adjoining ConneSiicut Ri'ver, by reaibn of
Timber being left thereon by the Spring Floods,
and for fixing a Time for the Owners to remove
it," made in the Year of our Lord One thoufand
feven hundred and eighty-one.

WHEREAS Levi Shepherd hath reprefented to this Court
that he fuftains great damage by timber which is
brought on to his land in an ifland in ConneSiictit River^ lying
between Hadley and Nortkampton^ in the county of Hampjbiref
called and known by the name of Stoddard's Ifland :

Be it therefgre eiiacled by the Senate and Houfe of Reprefen'>
tatives, in- General Court nffemhiedy and by the authority of the
famey That an A£l, entitled, « An A6t to prevent damages be-
ing done upon the improved lands adjoining ConneElicut River,
by reafon of timber being left thereon by the fpring floods,
and for fixing a time for the owners to remove it," be, and
the fame hereby is extended to the aforefaid ifland, the own-
ers thereof obferving the injunctions contained in faid Aft, and
caufing the marks on the timber to be recorded in the book
of records of the town of Northampton. \

[This Ait paffed February 10, 1804.]

An ACT in addition to an A6t, entitled, ** An Acl to
incorporate Simo?i Lamed, and others, for the Pur-
pofe of conveying Water by Pipes into the Centre
of the Town of Pittsfeld, by the Name of The Pro-
frietors of the Water-Works in the Middle afthe Town of
Pittsfield:*

c "DE it enabled by the Senate and Hcufe of Reprefenta"

■^ tives, in General Court ajjembledy and by the author^
ity of the fame i That the faid Proprietors, or any three of them. How s meet-
mayj at any time, by advertifement pofled up at any two *"^ "^^ ^*if"J
public houfes in faid Pittsfeldy or publiilied in a newfpaper
printed in laid Pittsfeldy warn a meeting of faid Proprietors, to
be holden at fuch place in faid Pittsfeldy and at fuch time, not
lefs than feven days from the porting up or publilliing fuch
advertifement, as Ihall be appointed and notified in the faid
advertifement j at which meeting, fo appointed and warned,
any bufinefs expreffed in fuch notification, and proper to be
tranfafted by the faid Proprietors, purfuant to the Aft, enti-
tled,

302. BATH CONG. SOCIETY. Feh. 13, An. 1804.

tied, " x\n Acl to incorporate 5i;?w« Z^r/W, and others, for
the purpofe of" conveying water by pipes into the centre of the
town of Pittsjieldy by the name of The Proprietors of the Water-
Works in the middle of the Totun of Pittsjield" may be tranfadted.
Sect. 2. And be it further enaEiedj That the corporate offi-
Gontinuation ^^''^ °^ ^^^ ^'^'^^ Proprietors laft appouited, fhall be and continue
of prefent offi- in their refpective offices until a meeting for the appointment
cers. of officers (liall be warned and hoiden in the manner author-

ized by this Acl.

[This A£l pafled February lo, 1804.]

An ACT to incorporate Dummer Seivall, and others.
Proprietors of the New Meeting-Houfe in the Town
of Bath^ into a Religious Society by the Name of
'J'he Congregational Society in the Tozun of Bath.

„ TjE it enacted by the Senate and Houfe of ReprefentU"

' •' -^ ti'ues, in General Court aj/ei/ibled, and by thu author'-
ity of the fatne. That Dummer Seivali, David Trufaut^ Samuel
Davis, and the perfons who now are, and fuch as iliall here-
after be Proprietors of the new meeting- houfe in the town of
J^ath, an4 pf the land under and adjoining the fame, be, and
they are hereby incorporated and made a Body PoHtic and
Corporate Religious Society by the name of The Congregational Society in
'°^* the Town of Bath ,- and in that name may fue and be fued, and

fhall be invefted with all the powers, privileges and immuni-
ties to which other religious focieties in this Commonwealth
are entitled by law, and ihall be capable of purchafing and
holding eftate, real or perfonal, over and above faid meeting-
houfe, to any amount, the annual income of which ffiall not ex-
ceed three thoufand dollars.

Sect. 2. And be it further enaEled^ That the faid Society be,
and they hereby are authorized and empowered to raife, by
Afleirments ^^ afleiTment on the pews and feats in faid meeting-houfe, fuch.
and the prop- ^"^n or fums of money for the fettlement and maintenance of
erty of thofe a minifter, repairing the meeting-houfe, and defraying the
■who rcfu'e to other expenfes of public wor(hip, with incidental charges, as
Fo^ld ^^^ ^^^^7 ^^^^-^ agree on \ and the fime may aflefs, or caufe to be
affeffed upon fuch pews or feats, in fuch m.anner as the Society
fhall determine ; and the funis fo aflelTed fhall be paid by the
Proprietors of fuch pews and feats, or the occupants thereof :
And if any Proprietor of a pew pr feat, or the occu-
pant thereof, (hall negleit to pay any affeffi-nent v.diich (hall
be lecrallv made thereon for one year after the fame O^all have
been made, the Treafurer of faid Society fiiall be authorized
and empowered to fell and convey all the eftate and intereft

BATH CONG. SOCIETY. Feb. 13, An. 1804. 303

of any fuch delinquent Proprietor in the faid Corporation at
public aucilon, firft giving notice thereof fourteen days at lead
previous to the lale, by pofting up notifications at two of the
doors of faiJ meeting-houfe ; and upon fuch fale to execute a
good and laificient deed or deeds thereof; and after deduct-
ing the amount of faid deUnquent's tax, together with the le-
gal interefl: thereon from the time the fame was made, and all
incidental charges, the faid Treafurer Ihall pay the I'urplus, if
any there be, to fuch delinquent Proprietor.

Sf.ct. 3. Be it further efiarled, That ail perfons belonging n, n k

to the laid town of Bat/j who Ihall be defirous of belonging to confidered
the faid Society, (hall, fo long as they continue to pay an equal members.
proportion of the expenfes of public worlhip, and ufually at-
tend»therein with faid Society, be confidered to all religious
purpofes as members of laid Society, and fliall be exempt from
any miniiterial tax elfewhere : And any fuch perfon who (hall
pay an annual tax towards the maintenance and fupport of
preaching in the faid meeting-houfe, equal to one half of the
tax of the lowed floor pew, ihall have a right to vote on all
occafions in the meetings of faid Society, except in luch votes
as Ihall relate to the difpolitiou of the property of faid Propri-
etors.

Sect. 4. Be it further enaHed^ That whenever any Propri-
etor, or other perfon who fnall join the faid Society, ihall, in ^°^^ *? ^^^'^^
writing, to be delivered to the Clerk of faid Society, notify that ^ ""*^
he withdraws from the fi\id Society, fuch Proprietor or perfon
fhall no longer be conhdered perfonally liable for any afiefl-
nient afterwards made ; but any perfon leaving the Society
fhall be held to pay any alieflment made on them previous
thereto, and faid Society may fue for the fame.

Sect. 5. Be it further eiuifted^ That all contracls hereto-
fore made by the faid Proprietors (liall be binding upon them h-retoforp
in their corporate capacity ; an.l the deeds for the pev/s in faid made confidcr-
meeting-houfe given by David Trufant, as agent for faid Pro- ^J biuding.
prietors, and all deeds and transfers of faid pews in future
made, when the fame fliall be recorded in the book kept by
the Clerk of faid Society, fliall be good and valid in law.

Sect. 6. Be it further enaFred^ That the faid Society, at
their annual meeting which fliall be holden on the fourth
Monday of April in every year, ihall choofe a Treafurer, Clerk, What officers
AiTefTors and Colle^or, and all fuch officers as they may think JJ^ '^^^^ ^^^
nec^ffary for conducting and managing the aifairs of the So- ^nJ ^hen.
ciety, either by ballot or otherwife, as they may think proper ;
and Ihall at fuch meeting determine on the compenfation to
be allowed to any of the faid officers for their fervices ; and
in cafe of a vacancy in any office by death, reiignation, or oth-
erwife, they ihall have power to fill faid vacancy at any meet-
ing

304 HOLDEN AND P AXTON. Feb. 1 3, An. 1 804,

ing called for the purpofe, of which notice (hall be given by
the Clerk on the two Sabbaths immediately preceding the
meeting, by polling the fame in the porch of faid meeting-
houfe : And all and every zCt or thing to be done by this
A<St, fhall be done at the faid annual meeting, or meeting
fpecially called for the purpofe as aforefaid.

Sect. 7. And be it further emJ^ed, That the firft meeting

Pirft mectini? of the faid Society ihall be on the fourth Monday of Ap.il

when to be next, and fhall be notified to the Society by a notice pofted by

^*^'** the faid Dummer Senvall, Efq. in the manner -oforefaid : And

at faid firft meeting the faid Society may, if they think proper,

choofe three judicious men, not inhabitants of the town, to

make a valuation of the pews, in order to fix the ratio by

which the monies to be aflelTed Ihall be apportioned ; and the

faid valuation when made (hall be recorded by the Clerk, and

be ever after binding on faid Society as a rule to apportion

the taxes.

[This Aft palTed February 13, 1804.]

An ACT to fet off John Davis, Fbenezer Boynton, Na^
than Harrington, Samuel Harrington, Micah Harring'
ton, and Ephraim Harrington, from the Town oi Hoi*
den, in the County of Worcejler, and annex them to
the Town of Faxton, in faid County.

« D-E it enaHed by the Senate and Houfe of Reprefsnta-

I . £j f^ru^j^ i„ General Court affemhled, and by the author^

ity of the fame, That John Davis and Ebeneze*- Boynton, with

their polls and eftates, bounded as follows, viz. Beginning at

Boundaries of ^^ fouth-wefterly corner of the town of Holden, being alfo a

the eltatcs ot _ , ^ ^ ,,^ - t • n \- ^i.

Davis and corner of the town of V/orcefter, on Leicefter Ime ; thence run-
Boynton. ning north fifty-four degrees eaft, one hundred and eighty-fix
rods, to Jofeph Howard's land, and bounded on Worcefler line j
thence north thirty-eight degrees weft, one hundred and fifty-
nine rods, to a heap of ftones, at the corner of faid HowarcVs
farm ; thence north fifty-three degrees eaft, fixty-one rods, to
a town road ; thence north thirteen degrees eaft, fifty rods ;
thence north thirty-two degrees weft, twenty-three rods, to
a ftake and ftones j thence fouth fixty degrees weft, thirty-
two rods, to a heap of ftones ; thence weft fix degrees fouth,
one hundred and fixty-three rods, to faid Paxton line ; thence
foutherly on faid Paxton and Leicefley line to the bounds firft-
mentioned...Alfo, Nathan Harrington, Samuel Harrington, Mi'^
cah Harri7igton, and Ephraiin Harrington, with their polls and
eftates, bounded as follows, viz. Beginning at the fouth-weft

corner

HEBRON CONG. SOCIETY. iv^. 13, An. 1804. 305

corner of Ephraim Harringtoiis land on the line between Pax-
ton and HoUen, beine alfo a corner of Ebemzer Wait's land : ,, . . .

n 1 • ° 1 1 1 1 ! • r Boundaries of

thence eatt thirteen degrees north, one hundred and forty- HLirringtons*
four rods, to Eupa Mirick's land ; thence north fourteen de- cflate.
grees weft, one hundred and feventeen rods, to a corner of
fald Mirick's land ; thence eaft thirteen degrees north, feven-
ty-one rods by faid Adirick's land to a heap of ftones, a corner
of faid Nathan and Samuel Harrington'^ land ; thence north
fourteen degrees weft, two hundred and one rods, to a heap
of ftones, a corner of faid Nathan and Samuel Harrington's land,
by Jojeph Hubbarifs land ; thence weft ten and an half de-
grees fouth, eighty rods, to a ftake and ftones, a corner of If-
rqel Davis' land ; thence fouth thirteen degrees eaft, twenty
rods, to a heap of ftones, a corner of faid Davis's land ; thence
weft ten and an half degrees fouth, eighty rods by faid Davis's
land to a corner on Stephen Sivtetfer's. li-ie ; thence fouth thir-
teen degrees eaft, thirty-five rods on faid S-zveetfer's line, to a
corner of his land } thence weft eleven degrees fouth, forty- ^

four rods, to a heap of ftones, a corner on faid Paxtcn line ;
thence foutherly on faid Paxton line to the bounds firft-men-
tioned, be, and they are hereby fet off from the town oi Hoi deny
and annexed to the town oi Paxton^ there to do duty and receive
privileges equal to other inhabitants in faid town of Paxton : provifion re-
Provided neverthtlefs. That the faid John Davis, Ebenezer Boyn- fpeding taxes.
toTii Nathan Harrington^ Samuel Harrington^ Micah Harrington^
and Ephraim HwriJigton^ refpetSlively, be held to pay all taxes
already afleffed on them by the faid town of Holden : Provided
al/o, That every perfbn having heretofore gained inhabitancy
on either of the afortfaid farms, and becoming chargeable,
(hall receive their fupport in and from the faid town of Pax~
ton.

Sect. 2. -t^nd be it further enaBied by ike authority aforefaid^
That there fhall be taken ?:i},e c.nts from tlie State valuation Alteration of
of the town of Holden^ and added to the town of Paxton,^\i\ch. valuation,
ftjall be the rule for afTeffing the faid towns for State and
county taxes, until there Ihall be a new State valuation taken. '
[This A£t paired February 13, 1804.]

An ACT to incorporate a Number of the Inhabitants
of the Town o^ Hebron^ in the County ci Cu?nber-
land^ into a Religious Society, by the Name and
Style of The Congregational Society in Hebron.

DE it enabled by the Senate and Hoiife of Reprefenta-

tives, in General Court aftmbled, arid by the author-
ity of the farney That the follovving perfons, viz. ^fa Bearccy

Charles
Vol. III. 2....P

3o6

S. J. C. AT DEDHAM.

Feb. 20, An. 1 804.

fons incorpora-
ted.

Charles BearcCy Cornelius Betirce, Joh Bearccy Levi Be^rcey Afa
BearcBy jnn. Thomas Carman, Samuel Crafis, Tf^illian? Churchilly
Ifaac Ctijhmany AJJjley Curl is, Oliver Curtis, AJJj/ey Cur f is, jun.
?!f ".!!:i!!" Simeon Dave, Samuel Deco/Icr, Ifaiah Fuller, Alexander Green^
wood, John Greetiivood, John Greetiivood, jun. Jacob Gurney,
Elijha Gurney, Micah Gurney, Ebenezer Harlow, Jabez Merrill^
Jofeph Morfe, Thomas Alorion, Huldah Myrick, Abiel Packard,
Ichabod Packard, Reuben Packard, Zachcus Roive, William Sted-
man, John Stedrnan, Alven Tur/ier, Adam Turner, Adam Turner,
jun. Southluorth Turner, Pelcg IVaJJjburn., Ifaac Whittemore, and
Safjiucl Whlttemore, together with then- famiHes and eftates,
and fuch others as may hereafter aflbciate with them, be, and
they are hereby incorporated into a Society, by the name and
ftyle of The Congregational Society in Hebron, v/ith all the powers,
privileges and immunities to which other religious Societies
are entitled by the Conftitution and laws of this Coxiimon-
wealth.

Sect. 2. And be it further cnnEfed, That upon application
to any Juftice of the Peace in the county of Cumberland, fuch
Juftice fhall iflue a warrant, directed to fome fuitable inhabitant
hovrtobrcall^ of the fliid town of Hebron, requiring him to notify and warn
c(L the meaabers of the faid Congregational Society, to meet at

fuch convenient time and place as fliall be exprefled in faid
Avarrant, for the purpofe of choollng fuch officers as pariihes
are by law empowered to choofe, at their annual meetings in
the moi:ith of March or April.

[This Aft p-alTed February 13, 1804.]

Firft meeting

Preamble

Court to
held on thi
'Juefday
March.

An ACT for holding a fpecial Seffion of the Supreme
Judicial Couit at Dddham, witiiin and for the
County of Norfolk.

'KEREAS by fome accident the Supreme Judicial
Court which was to have been holden at Dedham,
within and for the county of Norfolk, on the firft Tuefday of
February inltant, has not been opened and holden, and a fpe-
cial interpofition of the Legiflature has become neceflary, in
order to have a due and regular adminiftration of juftice in
that county :

Sect, i . Be it therefore enabled by the Se7iate and Houfe ofRep-
ref.ntatives , in General Court afjlmbled, and by the authority of the
fame. That there fhall be a Supreme Judicial Court holden at
^^ Dedham, widiin and for the county of Norfolk, according to
^of the eftablifhcd forms of law, on the firft Tuefday of March
next ; and that all writs and proceffes which were by law-
returnable at the Supreme Judicial Court, which was by law

S. J. C. AT DEDHAM. Feb. 20, An.iSoA. 307

to have been holden at Dedham, \yithin and for the county of

^orfdky on the firll Tuefday of February inftant, fhall be re-
turnable to the faij Gourt to be holden there on the firft
Tuefday of March next, any thing in their forms to the con-
trary notwithftanding ; and that all actions which were con-
tinued, and all appeals which vrere made to the faid Court,
which was fo to have been holden at Dedham, on. the firft
Tuefday of February r.forefaid, Hiall be entered and a<fted upon,
at the faid Supreme Judicial Court, to be holden there on
the lirft Tuefday of March, in the fame manner as the fime
might have been done at the Court aforefaid, on the firft
Tuefday of February^ if the fame Court had been holden.

Sect. 2. Be it further enacJed, That all levies of executions, Elocutions &
aU attachments made, and all fcrvices of procefs done on pre- actdcUments
cepts which were made returnable to the falJ Court, which "'^'^"^ retuma-
was to have been holden on the firft Tuefday of February^ ^ *"
(hall be held as good and valid at the f.iid Supreme Judicial
Court, to be holden there on the faid firft Tuefday of Marchy^
as the lame would have been at a Supreme Judicial Court-
holden there on the firft Tuefday of faid February ,- and that
all recognizances taken for, and which were returnable at the
faid Supreme Judicial Court, which was to have been holden
there on the faid firft Tuefday of Ftbruiirv, fliall be good and'
valid at the faid Court, to be lo holden there on the firft Tuef-
day of ALirch aforefaid, as if the fame were tak^n for a Court
then to be holden 5 any thing in their form to the contrary
notwithftanding.

SuCT. 3. Be it further c?'.nBed, That the Grand Jurors and
Petit Jurors who were drawn, and were to have been returned Juror* to fervc
to ferve at the Supreme Judicial Court, which was to have ^^ ''''* Court,,
been holden at Dedham aforolaid, on the faid firft Tuefday of
February^ fliall be holden to appear and {erve at the faid Court,
to be holden there on the <^rft Tuefday of March next, under-
the fame penalties as if they were regularly drawn and re-
turned to ferve at the Court laft mentioned : Provided never- ^''^vifo.
thelcfsy That where it fliall appear to the Judges who fiia^
hold t!ie faid Court, that any of faid Jurors have not had due
information of this Act, fuch Jurors ihall not be liable to a
fine for non-appearance \ and the faid Jurors, and parties, ajud
witnefles, fiiali be allowed for all their travel and att'fendance
as ihall be juft and equitable.

Sect. 4. Be it further enaEledy That the Secretary cau.fe a
competent number of copies of this A£t to^ be printed, and Copies of tin >
fliiall f>„'nd them to the Sheriff of the county of Norfolky who Afttobeprini-
fiiall caufe the fame to be publifhed in the newfpapers printed ^'^^^^^ dirin.,'-
in faid Didham ,- and Ihall. immediately fend one to the Town-
C(erk of each town in the faid county, which Xown-Clerk

fliiili

/ '

3o8 HAMPSH. MISS. SOCIETY. f>^. 31, An. 1804.

fliall poft the fame up in fome public place in the town of
which he is Clerk, and fliall caufe the Grand and Petit Jurors
who Ihall have been drawn therein as aforefaid, to be notified
thereof feven days before the firft Tuefday of March next ;
the Secretary fhall alfo fend one copy to the^ circuit Clerk of
the Supreme Judicial Courtj and one to the Clerk of the Court
of Common Pleas in the faid county, and ore to each Judge
of faid Supreme Judicial Court ; and Ihall caufe this Aft to
be publirtied in two of the newfpapers printed in Bojion.
[This Act paffed February 20, 1804.]

An ACT to incorporate The HajJipfljire MiJJionary.

Society,

"HEREAS a number of the. Congregational a,nd Prefi,
byterian Minifters, together with a number of other
Pjreamble perfons in the county oi Ham^ircy convened at Norihamptcr:^
■ ' on the fifth day of January^ in the, year of our Lord one thou-

fand eight hundred and two, and formed themfelves into a,
Miffionary Society, under a conftitution containing ^he fol-
lowing articles :

Art. I. The name and ftyle of the Miilionary Society
fliall be The Hampfhire Mijftonary Society.

Art. 2. The great object and bufinefs of the Society fliall

be to promote the preaching and propagation of the gofpel o£,

Objedl of the J^sus Christ among the inhabitants of the new fettlenients

of the United S/aies, and the aboriginal natives of the con-,

tinent.

Art. 3. The Society in future fhall or may confift of

-,-, , members of the followine; defcriptions and qualifications, that

Who arc to be . ., r ,1 , ^ '^ • 1 1 -n rL • i\/t- -/-l

members of '^ ^° ^^Y> ^^ ^'^ ^^"'^ v-ongregauoual and i'reibytenan Miniiters

?he Society, of churches in the county of Hampjhire ; of one delegate from
each church of the Congregational and Prefbyterian denomi-
nations in the county, to be annually chofen for the purpofe ;
of each and every perfon, refiding either in or out of the.
county, who hath fubfcribed, or iiiall fubfcribe and pay to the
ufe of the Society ten dollars^ and he fhall continue a member
during the term of feven years, and ever after, fo long as he
{hall annually, in the month of January^ pay the fum of tivo
dollars to the ufe of the Society ; of each and every perfon
refiding in or out of the county, who hath fiibfcribed, or fiiall
fubfcribe and make himfelf accountable to the Society for the
fum of ttvo dollars, to be paid annually in the month of Jan-
uaiy for feven years, and he fhall continue a member during
the term of feven years, and ever after, fo long as he Ihalh
annuallv, in the month of January, pay to the ufe of the So-
ciety

HAMPSH, MISS. SOCIETY. F^^. 21, An. 1804. 3P^

fiety the fum of two dollars ; the claim of fubfcribers to be
confidered as members fliall be afcertained from the books of
the recording Secretary, kept in fuch manner as the Truftees
fhall dire£t, and exhibited at each meeting of the Society ;
arjd any perfon who may be of pecuHar advantage to the Soci-
ety, may be m^ade a member by a major vote at any meeting^,
after having liis name entered as a candidate for admiffion a(; ^
a previous meeting.

Art. 4. There fliall be holden annually at Northampton^ Annual mec^;-
in faid county, a rfieeting of the Society, on the Thurfday of '"g ^^h^" »"<!
the vi-eek appointed by law for the holding of the Court of T^^"" ^"^ ^^.
Common Pleas in the month of Augujl, at two o'clock, P. IVf . what"' officer,
for the purpofe of choofing by ballot a Prefident, a Vice- arc to be ch<v
Prelident, a Treafurer, a Recording Seci-etary, a Correfpond- ^'^"•
ing Secretary, and twelve Truftees, of whom the Prefident
and _Vice-Prelident fhall be two, and fix of them Ihall be
Minifters of the gofpel, and fix laymen, and of choofing any
other necefiary oiiicer, receiving the reports of the Truftees
and other oflicers, forming rules and giving direcTtions to their
officers, and tranfacling all other matters advantageous to the
intereft of the Society : The Society fliall have power to alter
the time and place of holding the annual meeting : All the
annual officers iliall continue in office until others fliall be
chofen to fucceed them ; and the Truftees, at leaft fourteen
days previous to any meeting of the Society, fhall give pubhc
notice of the time and place of holding lucb meeting} and
the members who fliall convene, one of the Truftees, or the
Treafurer, or either of the Secretaries being prefenf, ftiaU
conftitute a quorum for doing bufinefs.

Art. 5. Tlie bufinefs and powers of the Truftees fiiall be,
to appoint for themi elves a Prefident pro tempore in the abfence Bufmefs and
of the Prefident and Vice-Prefident ; to form rules for the T^'T ''^
government of their meetings and proceedings} to appoint a " "'
Treafurer, a Recording Secretary, or Correfponding Secretary,
iw cafe of the non-acceptance, death, removal or incapacity of
fuch officer to ferve until the next meeting of the Society } to
call for the attendance of the Secretaries, who fhall officially
aa for tlie Board of Truftees} to call for the attendance of
the Treafurer, who, when required, fhall exhibit to them his
books and accounts^ fhall receive of them fuch direftions as
they (hall give, and fliall receipt and account for all the fums
pf money committed to. him by the Truftees, and pay the fame
XO them or their order } to manage, and economically improve
and apply the monies and other property and eftate of the
Society } to appoint, contraa with, fend out, direft, recal and
pay Miffionaries, Catcchifts and Schoolmafters, as ffiall befl
'^nfvver the defign of the Inftitution ;. to purchafe and difperfe

among

310

Annual report
to be made

Tieafurer's ac-
counts to be

^xami.'icd.

^nien<1--ents
may be made.

f irft officers.

N»mcs «f prC'
]^i^t members.

HAMPSH. MISS. SOCIETY. F^5. 21, An.1804.

among the Indians and inhabitants of the new fettlements,
copies of the Holy Bible, and other pious and Chriftian writ-
ings, and neceffary fchool books ; to appoint fuch fubordinate
officers and agents as fhall be necelTary in managing the in-
tereft and property of the Society j to maintain a diligent and
friendly correfpondence with other Miffionary Societies ; to
c^U fpecial meetings of the Society upon emergent occaiions ;
and to do every otiier thing conformably to the general direc-
tions of the Society, and the firft principles of the inftitution,
as exprefled in the fecond article of this conftitution, which
ihall be advantageous to the propagation of the gofpel of
Christ : The IVuftees fhall meet twice in each year, and as
much oftener as they find neceiTary ; and feven members at
any meeting ihall be a quorum for doing bufinefs.

Art. 6. The Truftees ftiall report to the Society, at every
annual meeting, their doings the preceding year, and propofe
fuch meafures as they fliall judge to be ufeful to the Society.

Art. 7. The Society fhall annually appoint a Committee
to examine the accounts of the Treafurer, and make a report
of the llate of the treafury at the next annual meeting.

Art. 8. Any amendment may be made to this conftitu-
tion, provided it be propoled in writing at an annual meeting
of the Society, and adopted at a fubfequent meeting by two-
tliirds of the m.embers present.

Art. 9. The officers of the Society, in the firfl inftance,
fliall be chofen by the convention by whom this conflitutioii
is ratified.

And whereas faid Society have raifed confiderable funds,
out of which they have from time to time contributed to the
benevolent purpofes of the inftitution ; and faid Society finding
difficulties and embarrafTments for want of an incorporation,
and having petitioned this Court for an A£l remedial of faid
difficulties and embarraiTments, and their intentions and dey
figns appearing laudable and worthy of encouragement ;

Sect, i . Be it therefore enaBed by the Senate and Houfe of Rep-
refentativesy in General Court affetnbled, and by the authority of the
famey That the conftitution aforefaid, and the doings of fai<i
Society in conformity thereto, are hereby ratifted, confirmed
and eftablilhed ; and that His Excellency Caleb Strong, Efq. of
Northampton, Rev. Samuel Hopkins, D. D. of Hadley, Hon. John
Hajli7igs, Efq. of Hatfield, Rev. Jofeph Lathrop, D. D. of Wejl^
Springfield, Hon. Ebenezei- Hunt, Efq. of Northampton, Rev.
jofph Lyman, D. D. of Hatfield, Jufiin Ely, Efq. of Wefi..
Springfield, Rev. Solomon Williams, of Northampton, William
BiirwgSy Efq. oiConivay, Rev. David Par/on s, D.D. oi Amherf.y
Charles Phelps, Efq. of Hadley, Rev. FJchard S. Stoors, of Long-
meadoiv, and their uiT^Jciates, members of faid Society, be, and

they

HAMPSH. MISS. SOCIETY. M. 21, An.1804* '311

they hereby are incorporated and made a Body Politic, for
the purpofes aforeiaid, by the name and ftyle of The Hampjhire
Mijffionary Society : And the Society aforefaid fliall have per-
petual fucceffion ; and may have a common feal, which it Ihall
be lawful for them to change, break, alter and tnake new at
pleafure : And faid Society is hereby made capable in law of
receiving from any perfon or perfons, charitably difpofed to corporati
aid the benevolent purpofes of this inftitution, any grants or may accept ot
devifes of lands or tenements in fee limpie, or for a lefler graces,
eftate ; and all fubfcriptions, donations and bequefts of money,
or any other perfonal eftate, to any amount not exceeding
tnueiit; thotifafid dollars ; and that all grants, donations, fub-
fcriptions, devifes and bequefts, made to the Society aforefaid,
(hall be improved in fuch a manner as the Truftees of fiid
Society fhall judge mod conducive to anfwer the defigns of
the inftitution.

Sect. 2. Be it further enacledy That the Society aforefaid
Ihall at all times have power to fue, and may be fued, and — "'^7 ^'^^ *
may defend, and {hall be held to anfwer by the name, ftyle J^ [^^^; ^°^;
and title aforefaid : And if it Ihould fo happen that faid Soci- '

ety Ihall become felzed of lands and tenements, it fliall be law-
ful by deed, under th# hand and leal of their Prefident for
the time being, to fell and convey the fame, provided fuch fale
ihall be made and concluded on by the Truftees aforefaid.

Sect. 3. And be it further enacledy That the Truftees p , ^
aforefaid, upon the death of the Prefident or Vice-Prefident, ceS of th^
be, and hereby ave empowered, if they judge it efl'ential to the Prefident or
interefts of the inftitution, to appoint a fuccelTor, the perfon Vice-PrcCdent«
fo appointed to continue in office until the next annual meet-
ing of faid Society for the choice of ofiicers.

And to the end that the members of faid Society, and all
contributors to faid defign, may know the ftate of the funds
of faid Society, and the difpofttion thereof, and of all the do-
nations made to faid Society :

Sect. 4. Be it emSledy That particular accounts of fuch ^
funds, and the difpoiitions thereof, (hall be exhibited by the fundTSbe ex-
Treafurer and Recording Secretary, at the ftated annual meet- hibitrd, & of
ihg of faid Society, a Committee of laid Society having iirft ''onationstobe
examined and certified the fame to be true ; and fair entries '""'■'*^'^'
fhall be made in proper books, provided for that purpofe, of
all donations made to faid Society, and of all the eftate, both
real and perfonal, belonging to the l>uie \ and faid books ihall
be brought to the general ftated meetings, and be there open
for the perufal and examination of the members.

Sect. 5.^ And he it further enaaedy That it fhall be the du- Propofed aitef=
ty of faid Society to lay before the General Court any altera- ^'^'"."* »" '^s

Society's con*

312

SANDWICH ACADEMY.

Feb. 21, An. I S 04.

ftitution to be tIbnS and ameildirients that may be made by faid Society in
ftated to the the Conftitution aforefaid, that faid General Court may difal-
Couru Jq^^ qj. confirm the fame at their difcretiori.

[This A6t pafTed February 21, 1S04.3

Preamble.

Academy
tablilhed.

Truftccs'
B-ames^.

— may have a
feal, &c.

An ACT to eftablifh an Academy in the Town of
Sandivicb, in the County of Barti^ab/e, and to create
a Corporation of Truftees for the fame.

*^"]jr XHEREAS the encouragement of Hterature in the ri-
W ling generation has ever been confidered by the wife
and good as the bafis upon which the fafety and happinefs of a
free people ukimately depend : And whereas the Kev. Jona-
than Burr, and others, have petitioned this Court for the eftab-
lifhment of an Academy in Sandwich, in the county of Barti^
Jiabky for that piirpofe :

Sect. I . Be it enaEied by the Senate and Hcufe of Reprefenfa-
tiiJeSy in Getieral CouH ajfembled, and by the authority of the fame j
That there be and hereby is eftabliihed in the town of Sand-
^ luich, in the county of Barnjl ible, an Academy by the name
of Sand-zvich Academy, for the purpofe of promoting piety and
virtue, and for the education of youth in fuch languages and
in fuch liberal arts and fciences as the Trultees hereinafter
provided (hall order and direct.

Sect. "2. And be it further enured, That the Rev. JofiO'
thnn Buriy Hon. Nathdniel Freeman, Efq. Dr. Jonathan Leon-
ard, Wendell Dav^s, Elq. James Freeman, Efq, Mr. William
Fffenden, Rev. Henry Lincoln, Rev. Oakes Shaw, Mr. William
Bodffj, Rev. Levi Whitman, Rev. John Simpkins, Richard Sears y
El'q. David Scudder, Efq. Rev. Nathan Stone, Thomas Thachery
Efq. Rev. Jude Damon, Mr. Stephen Bajfet, and Thomas Jones,
Efq. be, and hereby are nominated and appointed Truftees of
faid Academy, and they are hereby incorporated into a Body
Politic by the name oi The T' ufees of Sandwich Academy, in the
county of Bimftable ; and they and their fucceflbrs Ihall be
and continue a Body Politic and Corporate by the fame name
forever.

Sect. 3. And be it further enaEied, That the faid Truftees
and their fucceflbrs (hall have one common feal, which they
may break, change and renew from time to time, as they Ihall
fee fit, and they may fue and be fued in all actions, real, per-
fonal and mixed, and profecute and defend the fame to final
judgment and execution, by the name of The Truflees of Sand-
ivich Academy, in the county of Barnfable, and may appoint an
agent or agents to profecute or defend fuch fuit or fuits.

Sect.

S AND WICH ACADEMY. Feb, 2 1 , An. 1 8o4> 3 1 3

Sect. 4. And be it further enaHed, That the faid Joncithnn ^^ be' the

Burr and others, "the Truftees aforefaid, and their fucceltors, Vifitors and
be, and they are hereby made the Vifitors, Truftees and Gov- Governors of
«?rnors of tjie ilvid Aciidemy, in perpetual fuccelTIon fofever, ^^^ Academy.
to be continued in the way aftd manner hereafter fpecifled,
with full power and authority to eleft fuch officers of the faid
Academy as they fliall judge neceflary and convenient, and to
make and ordain fuch laws, orders and rules, not repugnant
to the laws of this Commonwealth, for the good government
of faid Academy, as to them ihall feem lit and requifite.

Sect. 5. And be it further aiacled^ That the number of Number of
the Trullees aforefaid fhall not at any time be more than eight- Truftees.
een, nor lefs than nine, five of whom, at leaft, fliall be necef-
fary tO conftitutc a quorum for tranfacling bufinefs.

Sect. 6. And be it further enacted ^ That as often as one oi*
more of the Truftees aforefaid Ihall die or refign, or in the ^^^jf'^j^^ '"*^
Judgment of the major part of the Truftees fliall be rendered
incapable, by age or otherwlfe, of difcharging the duties of his
office, the Truftees then farviving may elect one or more per-
fons to fill the vacancy or vacancies.

Sect. 7. Atid be it further enroled y That tlie Truftees afore- „
faid, and their fucceffbrs, be, and they hereby are rendered be hdd.
capable in law to take and liold, by gifc, grant, devife, be-
queft or ctherwife, any lands, tenements, cr other eftate, re-
al or perfonal, Vv'hich have heretofore been given or fubfcrib-
ed, or which may hereafter be given or fubfcribed for the
^urpofe aforefaid : Provided, That the anniial income of the .
laid real eftate ihall not exceed the fum oi two thoi fund dollars^
'and the annual income of the faid perfonal eftate fliall not
'exceed the fu:'n of five thjnfnnd d^Hai s : And all deeds and in-
ftruments which the faid Truirs.,'S may lawfully make, fliall
be fealed with their feal, and fliall bind the Truftees and their
fucc^ffi^rs, and be valid in la\V.

Sect. 8i And be it further enabled, That there be, and I'^nd grant«d.
hereby is granted to the faid Truftees and to their fucceflors
forever, for the ufe of the faid Academy, one half townfliip
of flx miles fquare of the unappropriated lands belonging to
this Ccnimon wealth in the diftri6t of Maine, (excepting the
ten townlhips on Penobfcot River, and a townfliip noi-th of the
Waldo Patent, referved for public purpofes,) to be laid out and
affigned by the Commifiioners for the fale of eaftern lands;,
under the reftrictions and refervations made in fimllar cafes j
on condition that the Treafurer cf laid Truftees fliall certify
to faid Commiilioners, that the fum of three thAfand dollars has
been actually raifed and fecufed for the endowment of faid
Academy, and appropriated to 'the ufe thereof forever.

Sect*

Vot, IIL g..„0

314 N. AMER. INS. COMPANY. Feb. 21, An.1804.

F' ft mcetinr Sect. p. ^nd be it further enaEled hy the authority aforefuidi
That Nathaniel Freeman^ Efq. be, and he hereby is authorized
and empowered to appoint the time and place of holding the
firft meeting of faid Truftees, and notify them thereof.
[This Act pafled February 21, 1804.]

An ACT to incorporate Jofeph Ri(ffell, and others,
into a Company, by the Name of The North-Amer-
ican Infurance Company.

o TiF it enacled by the Senate and Houfe of Reprcfcnta^

■*-' tivesy in General Court ajffmbled, and by the author"

jty ofthefame, That the faid Jofeph Ruffell^ and others, and all fuch

perfons as have already, or fhall hereafter become Stockholders

in the faid Company, be, and hereby are incorporated into a

Company and Body Politic, by the nanie of The North-American

Infurance Compa7'iy^ for and during the term of twenty years

• after the palling of this K€i ; and by that name may fue or be

Corporation fQed, plead or be impleaded, appear, profecute and defend to

l^aed &1 ^^•'^^ judgment and execution \ and have a common feal, which

they may alter at pleafure ; and may purchafe, hold and convey

any eftate real or perfonal for the ufe of faid Company, fubjedt

to the rei^ri<5lions hereinafter mentioned.

Sect. 2. And he it further etiacied^ That the capital ftock of

the faid Company fliall be divided into fliares of one hundred
Value & num. ^^^^ y^ ^^^^^ ^^^^ ^^ • ^ -^^ ^^ ^^^ ^^jj Company in

manner provided m the nmth lecrion 01 this Act j and the
whole number of fliares fhall be three thoufand ; and the whole
capital ftock, eftate and property, which the faid Company fliiaU
be authorized to hold, Ihall never exceed three hundred thoufand
dollarsy exclufive of premium notes and profits arifmg from the
bufinefs of faid Company ; of wliich capital ftock not more than
fifty thoufand dollars fhall at any time be inverted in real eftate.

Sect. 3. And be it further cnaEled, That the ftock, property,
affairs and concerns of the faid Company fliall be managed and
DirecSlora to be condu£ted by feven Diredors, one of whom ftiall be Prefident
chofcn. thereof, who fliall hold their offices for one year, and until

others are chofen, and no longer ; and who fhall, at the times
of their election, be Stockholders, and citizens of this Common-
wealth ; and fhall be elected on the fecond Monday oi January
in each and every year, at fuch time of the day, and in fuch a
place in the town of Bofon as a majority of the Directors for
the time being fhall appoint, of which eledtion public notice
fhall be given in at leaft two of the newfpapers printed in the
town of Bofon^ and continued for the fpace of ten days imme-
diately preceding fuch eleClion j and the election fliall be holden

under

N. AMER. INS. COMPANY. fk^. 21, An. 18 04. 315

under the infpeaion of three Stockholders, not being Direaors j

and the eleaion fhall be made by ballot by a majority of the

votes of the Stockholders prefent, allowing one vote to each

fliare in the capital ftock : Provided, That no Stockholder Ihall

be allowed more than ten votes ; and the Stockholders not pref-

ent may vote bv proxy, under fuch regulations as the Company Stockholders

mall preicribe :' And if through any unavoidable accident the >

faid Direaors fliall not be chofen on the fecond Monday 01

January as aforefaid, it fliall be lawful to choole them on any

other day, in the manner herein prefcribed : Provided, That no

perfon being a Direaor of any other Company carrpng on the

bullnefs of marine infurance, Ihall be eligible as a Du-eaor of

the Company bv this Aa eftabhfhed.

Sect. 4. And be it further enaBed, That the Direaors when ^ ^^^^^^^^^ ^^
chofen fhall meet as fobn as may be after every eleaion, and ^^ ^J^^J"
Ihall choofe out of their body one perfon to be Prehdent, who
fhall be fworn faithfully to difcharge the duties of his office,
and who fliall prefide for one year -, and in cafe of the death,
reiignation or inability to ferve of the Prefident or any Direaor,
fuch vacancy or vacancies fhall be filled fortheremainder of the
year in which they happen, by a fpecial eleaion for that pur-
pofe, to be held in the lame manner as herein before direaed
refpeaing annual eleaions for Direaors.

Sect, 5. And be it further enaEled, That the Prefident and
three of the Direaors, or four of the Direaors in the abfence of coard to tranf-
the Prefident, fhall be a Board competent for the tranfaaion cf adl buIincL,
bufmefs 5 and all queflions before them flvall be decided by a
majority of votes ; and they fhall have power to make and pre-
icribe fuch by-laws, rules and regulations as to them fliall appear
needful and 'proper, touching the management and difpofition
ofthe flock, property, eftate and effeas of faid Company, and
the transfer of the fliares, and touching the duties and condua
of the feveral officers, clerks and fervants employed, and the
eleaion of Direaors, and all fuch matters as appertain to the
bufinefs of inlurance; and Ihall alfo have power to appoint a ^if^^SSpl
Secretary, and lb many clerks and fervants tor carrymg on the ^^^^^^^
laid bufineis, and wirh fuch falarles and allowances to them, and
to the Prefident, as to the laid Board fliall feem meet : Pro-
vided, That fuch by-laws, rules and regulations fliall not be
repugnant to the Conl>itution or laws cf this Commonwealth.

Sect. C, And be it further ettaBed, That there fhall be fl:ated Meetings of
meetings of the Direaors at leafi: once in every month, and as Diredors.theii-
often within each month as the Prefident and Board of Direc-Fo^-*"". Ac-
tors fhall deem proper ; and the Prefident and a Committee of
two of the Direaors, to be by him appointed in rotation, fhall
afTemble daily, if need be, for the difpatch of bufinefs : And
the faid Board of Direaors, or the Committee aforefaid, at and

during

3i6 N. AM£R. INS. COMPANY. F^^. 21, An. 1804,

during the pleafure of faid, i3o?.rd, fliall have power and autborr
ity on behalf of the Company, to make infurance on velTels,
freight, money, goods and, effedls, and againfi; captivity of per-
Ipns during their abfenc^ at fea, and oa the life of any perfon^
and in cafes of money lent on hottomry^ and refpondsntia ; and to,
fix the premiums and terms of payment : And all policies of
infurance, by them m.ade ihall be fubfcribed by the Prefident,
or in cafe of his death, licknefs, inability or abienge, by any.
two of the Directors, and counterfigned by the Secretary, ancj
fhall be binding and obligatory upon the faid Company, and
have the like e0:e£i;. and force as if under the feal of faid; Com-
pany ; and all lolles duly arlling under any policy {q fabfcribed^,
inay be adjufted aud fettled by the Preiiden.t and Board of Di-
i^ectors, and the fame, fhall be binding on the Company.

Sect. 7, And he it further enaclecl^ That it fiiall be the duty
Semi-annual of the Dire^ors, on the firft Monday of Jul^ and January in
made^" * ^^ ^^"^ery year, to majke dividends of fo much of the intereffc ariling
from their capital ftock, and the profits of faid Company, ds \.o.
them Ihall appear adviieable \ but the monies received, and
notes, takea for premiums on rifks, which ihall be imdetermined
and outftanding at the time of making fuch dividends, fliall not
be confidered as part of the profits of the Company : And iji
cale of any lois or ioiTes whereby the capital ftock of the Corn-
Cafe of lofs di ■ pany fhall be leilened, before all the i.nftalmenta are paid in,
nnni ing t .e ^^^y^ Proprietor or Stockholder's eftate fliall be held accounta-
ble for the inftahnsnts that may remam unpaid, on his fhare or
fhares at the time of fuch lofs or loiTes taking place j and no
iubfequent dividend fhall bs made, until a lum ariling from the.
prchts of the buHnefs of tl^e Company, e(|ual to fuch diminu-^
tion fliall have been added to the capital \ and that once in
every three years, and oftener if required by a majority of the
votes of die Stockholders, the Direiflors fhall lay before tine
Stockholders, at a general meeting, an exadl; and particular flatcr.
ment of tlie profits^ if any there be, after deducling lofles and
dividends.

Sect. S. And he Itfurtli^r enadeJ., That the faid Company
Company not AV'ill not directly nor indirectly de.i-l or trade in buying or felling
to be coixern- any gpods, wares, merchandize or commodities \vhatever ; and
cd in trade. jj^g capital ftoclc of faid, Company, after being collected at each
infialment, Ihall, \\-itliin fix months, be inveifed either in the
funded debt of the United States, or of this Commonwealth, or
in the tfock o\ iht United States' Bcni, or of any incorporated
Bank in, this Comnionweakh, in either or all of them, and ip
fuch proportion as m^ay be moft for the intereft of faid Coni-
pany, at the dlfcretion of the Frefident and Diredlors of faid
Company, or of inch other perfon or perfons as faid Stockhold-
ers fhail fjA fuch purpclc at any meetmg appoint.

N. AMER. INS. COMPANY. f>^. 21, An. 1804. 317

Sect. 9. And be it further enaBed^ That jf^^ dollars on each inftaiaiems
{hare in laid Company {hall be paid in money, within twenty when to be
days after the firft meeting of iaid Company, and the remain- p^iid.
mg fum of Jifty dollars on each ihare fhall be paid in money,
•v/ithin one year afterwards, by fuch equal inilalments, and
under fuch penalties as the faid Company fhall diredt ; and no
transfer of any fhare in faid Company fliall be permitted, or
valid, until all the inftalments made on fuch fljare fhall have
been paid.

• Sect. 10. And be it further efiacled^ That the property of
^ny member of faid Company, vefted in the ftock of faid Com- Stockholder!*
pany, with the dividend or dividends due thereon, fhall be liable Fo^atuduncnt*
to attachment and execution, in favour of any bona fide creditor,
in manner following, viz. Whenever a proper officer, having ^
writ of attachment or execution againft any fuch member, fhall
apply with fuch writ or execution to the Secretary of faid Ccrn-^
pany, it (hall be the duty of faid Secretary to expofe the books
of the Corporation to fuch officer, and furnifh him with a cer^
tificate under his hand, in his official capacity, afcertaining the
ziumber of lliares the faid member holds in faid Company, and
;he amount of the dividend or dividends due thereon ; and
when any fuch Ihare or fhares fhall be attached on mefne procefsy
or taken in execution, an attefted copy of fuch writ of attach-
ment or execution fhall be left with the faid Secretary ; and
fuch fhare or fliares may be fold on execution, after the fame
notification of the time and place of fale, and in the fame mode
of I'ale as other perfonal property ; and it fhall be the duty of
the officer making fuch fale, within ten days thereafter, to leave
an attefled copy of the execution, with his return thereon, with
the Secretary of the Company, and the vendee fliall thereby
become the Proprietor of fuch fliare or (hares, and entitled to
the fame, and to all the dividends which fhall have accrued
thereon after the taking in execution as aforefaid, or when
there fhall have beeii a previous attachment, after fuch attach-
ment, notwithftanding any intervening transfer.

Sect. ii. And be it further enaEiedy That in cafe of any
lofs or lolTes taking place, that fhall be equal to the amount of i)ire<Stors'
the capital ftock of the faid Company, and the Prefident or Di- fn°^a^"^JJt^J
reclors, after knowing of fuch lofs or lofles taking place, flxall cafe.
fubfcribe to any policy of infurance, their eftates jointly and
feverally ffiall be accountable for the amount of any and every
lofs that fhall take place under policies fo fublcribcd.

Sect. 12. And be it further- etiaBcdy That the Preudent and
Diredors of faid Company fhall, previous to their fubfcribinj; ,

V J ^ . -^ ' ^ r Li-n • ^Amouut ot-

to any policy, and once m every year after, pubhih m two of ftock to be pub-

the newl^apers printed in the town of Bojhn^ the amount of lifted.

^heiT: flock, againfl what rifks they mean to inflire, and the

lareeft

3i8 GROTON FIRST PARISH. Feb.21, An.i8o4.

largeft fum they mean to take on any one riik : Provided mver^
thelefsy That the faid Prelident and Direflors fhall not be allow-
ed to infure on any one riik a larger fum than ten per centum of
the amount of the capital ftock of faid Corporation actually
paid in.

Sect. 13. And be it further enaBedy That thePrefident and
Statement of Directors of faid Company ihall, when, and as often as required
affairstobelaidby the Legiflature of this Commonwealth, lay before them a
Court! ^ ^ ftatement of the affairs of faid Company, and fubmit to an ex-
amination concerning the fame under oath.

Sect. 14. And be it further enaEiedy That Jofeph Ruffell^
thorized to call /^^" Ma'^y and Thomas Perkinsy or any two of them, are hereby
firft meeting, authorized to call a meeting of the members of faid Company as
foon as may be, in Boflouy by advertizing the fame for three
weeks fucceffively, in two of the newfpapers printed in faid
town, for the purpofe of their electing a firft Board of Diredlors,
who fhall continue in office until the fecond Monday of Jan-
uaryy one thoufand eight hundred and five.

[This K€t palTed February 21, 1804.]

An ACT to eftablifli a Fund for the Support of the
Gofpal Miniftry, in the Firft Parifli of the Town of
Groto7ty in the County of MiddlefeXy and to appoint
Truftees for the Manaojement thereof.

St? "r 7?"^ ^^ enaEled by the Senate and Houfe of Reprefenta-

■'-' tiveSy in General Court ajfembledy and by the author-
ity of the fame. That the three fenior Selectmen of faid town

\ ho are to be £qj. ^^ \\xx\^ being, the Treafurer of faid parifh, and the junior
Deacon by age of the Church in faid parifh, both for the time
being, be, and they are hereby conftituted a Body Politic and
Corporate by the name of The Truflees of Groton Minifterial
Fund : and they and their feveral fucceflbrs, in their refpe<ftive
offices, fhall continue a Body Politic and Corporate by that
name forever j and by the fame name may fue and be fued
in all anions, and purfue and defend the fame to final

llrevifo. judgment and execution : Provided alivays, That whenever ei-

ther of faid Selectmen or faid Deacon ihall be Treafurer as
aforefaid, or whenever faid Treafurer fhall be the faid Deacon,
and alfo one of faid Selectmen, then the next fenior Selectman
by choice, and the next junior Deacon by age, or one of them,
as the cafe may require, fhall belong to faid Corporation ; or
whenever fuch Deacon fhall be a Seleftman as aforefaid, in
that cafe the next junior Deacon as aforefaid fhall be one of
faid Truftees, to the end that the faid Corporation may always
confift of five members*

Sect.

GROTON FIRST PARISH. f^^. 21, An. 1804. 319

Sect. 2. And be it further enaBedy That an^ gift, grant,
bequeft or devife hereafter made to faid Truftees, fhall be val-
id and efFeftual, to all intents and purpofes whatever j and
they and their fucceflbrs as aforefaid are hereby empowered,

by purchafe or operation of law, to take, have, hold, ufe, im-

j n. . 1 r 1 \u \. 1 • Amount of ef-

prove and manage any eltate, real or perlonal, the anhual m- ^^^^ limited &

come whereof fhall not exceed the fum oitivo thoufand dollars y when the in-
in truft, for the fupport and maintenance of the gofpel minif- come may be
try in faid parifh \ and whenever the nett annual income or ^PP''op"»'ed,
intereft of fuch fund or eftate fhall amount to the fum ofyF^:
hundred dollars^ and not before, the faid Truftees fhall proceed
to pay the fame quarterly to fuch Teacher or Teachers of re-
ligion as fhall be regularly ordained and fettled in faid parifh,
by the joint concurrence of the inhabitants and Church there-
of; and fuch Teacher or Teachers of religion fhall be entitled
to recover the fame by adlion of debt againfl faid Truftees :
And during any vacancy in faid parifh of a regular ordained
and fettled Minifter, they fl:iall appropriate fuch income or in-
tereft to the increafe of the principal fund ; any thing herein
to the contrary notwithftanding.

Sect. 3. And he it further enaBed^ That nothing herein Provifion re-
contained fhall be conftrued to alter, impair, vacate, or in any ^Pf^ing ^^^
wife affedl the contrail now exifting between faid parifh and jr^ait."^ ^°°*
their prefent Minifter ; but the proceeds of^Jaid fund, when-
ever the fame fhall be paid to him in manner aforefafd, fhall
be deemed to be in fatisfa^lion of his falary, for the time be-
ing, fo far as the fame will apply to the difcharge thereof.

Sect. 4. And be it further enaBed, That the faid Truftees ,
may afTemble and meet together as often as they may think ^^^ tome'et ap-
necefTary for the promotion of their truft, any three of whom point officers,
fhall conftitute a Board for doing bufinefs ; but the concur- make rules, &c
rence of three, at leaft, fhall be requifite to every a6t and pro-
ceeding whatever j they may determine the manner of calling
meetings ; they may appoint a Clerk, an agent or agents, and
other needful officers and committees j they may make rea-
fonable rules, regulations and by-laws, and annex penalties for
the breach thereof, not repugnant to the laws of this Com-
monwealth ; they may have a common feal, and change the
feme at pleafure ; and they may alienate, by good and fuffi-
cient deeds in law, any real eftate, the title whereof ftiall be
Yefted in them by way of mortgage or by operation of law.

Sect. 5. Atid he it further enacted. That the Clerk of faid A Clerk to be
Corporation, who fhall be a member thereof, and fhall be '^J^'""' f ''m^ j"
fworn in the fame manner as town officers are, to the faithful '^* ^^^ "^ ^ '
performance of the duties of his office, fhall have the care and
cuftody of all papers and documents belonging to faid Truf-
tees i and fhall carefully and fairly record all their votes and

proceedings

po GliOTON FIRST PARISH. Feb. 21, An.i8o4;

proceedings i(k a book kept for that purpofe, and fiiall certify
the fame when thereunto required ; and he fhall call meeting^
when he may think the fame necelTary, or when thereto di-
rected by fald TrufteeS ; and do whatever elfe may be inci-
dent to faid office : And he ihall deliver up to his fuccelfot in
office, as foon as naay be, all the records, papers and docu-
ments in his hands, in good order and condition ; and if he
fhall neglecfl fo to do for the fpace of thirty days next after
fuch fucceflbr fhall be duly appointed, he fhall forfeit arid pay
a fine of ^fty dollars^ and the further furri of thirty dollars per
month for fuch neglecl afterwards.

Sect. 6. And he it further enaFted^ That the faid parifli
Dutifcs &pow- Treafurer fiiall always be the Treafurer of faid Truftees, and
trsof theTrea- the receiver of all money and effects due, owing and coming
iurcr. ^Q them ; and may demand, fue for, and recover the fame ill

their name, unlefs prohibited by them ; and he fliali have thd
care and cuftody of all the money and efFetSts, obligations and
Securities for the payment of money or other things, and aU
evidences of property belonging to faid Truftees, and be ac*
countable to them therefor, and Ihall difpofe of the fame as
they fhall order and diredt j and fhall render an account of
his doings, and exhibit a fair and regular ftatemerit of the
property and evidences of property in his hands, whenever
they fhall require the fame to be done ; and he fliall deliver
up to his fucceffor in office, as foon as may be, all the books
and papers, property and evidences of property in his hands,
in good order and condition ; and fhall give bond to faid Truf-
tees and their fuccefTors, with fufficient fureties, to be approv-
ed by them, in the penal ium of twenty thoiijaud dollarsy at leaft,
condition to do and perform all the duties incumbent on him
]-, as their Treafurer j and if he Ihall fail to deliver up the fame

as aforefaid, or negle(5t to give bond as aforefaid, for the fpace
of thirty days next after fuch Treafurer fhall be duly chofen^
he fliall forfeit and pay a fine of ffty dollars^ and the furthef-
Aim oi thirty dollars per month for fuch failure or rtegleft after-
wards.

Sect. ']. And be it further emBedy That it fliall be th6

duty of faid Truftees to ufe and improve fuch fund or eftatc'

as Ihall be vefted in them by virtue of this Acl with care and

vigilance, fo as beft to promote the defign thereof; and they

The Trufkes Q^^M be amenable to the inhabitants of faid pariih for negli-

are amen^le gpj^j,^ qj- jriifcondudl in the management or difpdfition theref-

ants for their of, whereby the fame fhall be impaired, or fuffer lofs, wafte

ctondud. or diminution ; and the inliabitants of faid parifh may J:iave

and maintain a fpecial adllon of the cafe againfl the propef

perfons of faid Trullees, and their goods and eftate, jointly

and feverally, for fuch neghgence or mifcondu^t, and recover

adequ2tfe

GROTON FIRST PARlStt. i^^^. 21, An. 1804. 321

adeqiiiate damages therefor ; and any fiim fo recovered fhall
be deemed to be for the benefit of iaid fund, and (liall be paid
to faid Trufteesj who may have aii a£lion q£ debt therefor ac-
cordingly.

Sect. 8. yl/^d be it fHrihey eiiaEied^ That the faid Truftees a ftatement of
{hall caufe to be recorded and kept in their book of records by '^^''"'^s and do-
tfheir Clerk, a ftatement of the funds and eftate in their hands, "^"«"s to be

.,-,,., • •. 1 I f. J 1 J . recorded, and

■ft'her^in Ihall be particularly delignated the nature and amount annually read.

of each original grant or donation, the period when made,

fhe dellgn thereof, and the donor's or grantor's name and

place of abode at h^rge, with fuch other circumftances as they

iJnaj'- think ufeful or proper, to diftinguifli the fame and per-

j^etuate the remembrance thereof j and they Ihall make report

of flich ftatement to the inhabitants of faid parilh at their

meeting in the month of March or Apr\l annually, where the

fame (hall be publickly read, or to a fele<St Committee, if faid

parilh (hail chocfe one for that purpofe j together with a fpe-

tific eftimate of what eftate they adlually hold, and by what

tenure j whitt motiey and CiFe«R:s are due to them, and how

the fame are fecured \ and what receipts have been obtained,

and diftjurfements made by them the preceding year.

Sect. 9. And he it further enaciedy That the faid Truftees
Ihall alwsys loan, upon intereft, ail the money belonging to j^^j^ ^j^^ m^xv-
faid funds, in fums of not lefs than tiuo hundred dollars each, eybelonging to
find for the term of one year, upon the bond or note of the ^^^^ f""<is«
borrower, with a mortgage of real eftate to three times the val-
ue of the fum loaned, a3 collateral fecurity for the repayment
of the principal fun), with intereft annually till paid ; and if
any debtor to faid Corporation ihall fail to pay the intereft
due on his bond or note for the fpace of ten days after the
Tame Ihall biecome due, it ftiali ba the duty of faid Treafurer
to caufe fuch bond or note, and mortgage, to be put in fuit,
and profecuted until it iliall be obtained.

SiiCT. 10. And be it further enacfedy That if faid Truftees
Iliall fail to pay the annual incom.e of faid fund to the fettled
minifter, as herein before provided, for the fpace of thirty
days after the fame (hall become payable as aforefaid, or if
they fhall negleft to make report to laid parifti in the month
of March or April annually, or to a lele6l Committee, as in this
A€i dire£led, thev ihall feverallv forfeit, for each offence, the
fum of ^■^/_y dollars, and the further fum of thirty dollars per y"" £3^°' I«-
hionth afterwards, until they Ihall make payment of laid in- ^ricding their
come as aforefaid ; Savinir alwavs. That the faid Truftees fhall duties,
not be liable to the forfeiture aforefaid for non-payment of
faid income, if they fhail profecute as before in this Act pro-
vided, within thirty days after the fame fhall becorlie due, for
the recovery thereof. *

Sect.

Vol. in. 2..,.R

322 SACO CANAL. Feb. 2S, An, 1^04,

Sect, i i. jindbe it further enaEled^ That the faid Truflees
Truftees to be ^^"^^^ ^^ entitled to receive a reafonable compenfatlon, to be
compenfated. paid by faid parifh, for their fervices in managing and taking

care of faid funds and eftate ; but no part of fuch funds or ef-

tate, or the income thereof, fliall ever be appropriated to that

purpofe.

Sect, i 2. And be it further enacted, That all fines and

forfeitures incurred for any breach of this AcSl, fhall and may
Recovery of [,g recovered by aflion of debt by the inhabitants of faid par-
fines, &c. j^^ •£ ^j^^^^ ^^,j ^^g £^^ ^j^g {■Ame within fix months after the

fame fliall be incurred, to the ufe and benefit of faid fund, to
be paid to faid Truftees accordingly ; otherwife by any perfon
■who fhall fue therefor, one moiety thereof to his own ufe, and
the other moiety thereof to the ufe and benefit of faid fund,
and fhall be paid to faid Truftees accordingly, and they may
have an a£tion of debt to recover the fame.

Sect. 13. And be it further enaBed^ That the faid Trea-
furer is hereby authorized and directed to appoint the time
Eirfi; meeting, and place for holding the firft meeting of faid Truftees, and
to warn fuch meeting accordingly.

[This Act palled February 21, 1 804.]

An ACT to fet off Ebenezer Baker, with that Part of
his Farm which Hes in the Town of Sharon, and to
annex the fame to the Town of Walpole.

T)E it crjaHed bf the Senate arid Houfe of ReprefentativeSy in
■^ General Court affembled, and by the authority of the fame^
That Ebenezer Baker, with his family, and all that part of his
farm which lies in the town of Sharon, be, and hereby is fet
oft' from the faid town of Sharon, and annexed to the town of
Walpole : Provided, That the faid Baker (hall be held to pay
his proportion of ail town or parifli charges aftelTed upon him
prior to the date of this A£l:.

[This A^ pafled February 28, 1 804.]

An ACT in addition to an Act, entitled, " An Ad
empowering Aaron Porter, and others, to conftrucl
Feb. aa, 1803. Locks and open a navigable Canal by Saco Falls on
Saco River J^

TiE it enaBed by the Senate and Houfe of Reprefenta^
DEC . . ±j t'rocs, in General Court ajfembled, and by jhe author'
ity of the fame. That the Proprietors incorporated in and by
an Aft, entitled, « An Aft empowering Aaron Porter, and oth-
ers,

UNION INS. COMPANY. f>^. 28, An. 1804. 323

ers, to conftrudl locks and open a navigable Canal by Saco

Falls, on Saco Rhier" at any legal meeting, may make and "'■op'''ft«"

agree upon all fuch rules, regulations and by-laws, (not repug- make by-laws

nant with the laws of faid Commonwealth,) as they may deem &c.

neceffary or expedient for the management of their concerns,

and the completion of the obje6l of their incorporation ; which

rules, regulations and by-laws fo made fhall be binding on faid

Corporation.

Sect. 2. And be it further enaEled by the mithority afcrefaidy
That whenever any of faid Proprietors ihall neglect or refufe
to pay any tax or afTeflment duly voted and agreed upon by
faid Corporation, to their Treafurer, on or before the day fet
for payment thereof, the faid Treafurer is hei-eby authorized
to fell at public vendue the fliare or fliares of fuch delinquent iinqu"nt* may
Proprietor, one or more, as fhall be fufficient to raife and pay be fold.
the fum or fums due on faid fhares as aforefaid, and incidental
charges, after duly notifying fuch intended fale fourteen days
beforehand, by pofting one notification thereof in Biddcfordy
and one in Pcpperelborought at a public place in each town, and
fuch additional notice as the Directors may order i and fuch
fale fhall be a fufficient transfer of fuch (hare or fliares j and
the purchafer, on producing a certificate of the fale of fuch
fhare or fhares as aforefaid, from the Treafurer or Clerk of
faid Corporation, fliall have his name, with the fliare or fliares
fo fold, entered on the book of the Corporation, and fuch
purchafer fliall be confidered, to all intents, the owner of fucii
ihare or fliares ; and the overplus, if any, arifing from fuch
fale, fhall be returned by the Treafurer to the perfon whr
owned fuch fliare or fliares at the time of fuch fale.

Sect. 3. And be it further enaEled by the authority aforefaid^
That all rules, regulations and by-laws already agreed on, and Rules, &c.c9n-
all votes paiTed by faid Proprietors, be, and the fam^e are here- firmfd.
by fully confirmed and efl:abliflied, provided they are not re-
pugnant to the laws of faid Commonwealth.

[This A6t palFed February 28, 1804.3

An ACT to incorporate Nathaniel Felloives, and others, Add;tionaiA(»^,
into a Company, by the Name of The Union Infur-^^^' 4' ^^°^'
ance Company.

q ^ ^ T\E it enaBcd by the Senate and Houfe of Reprefenta-
-*^ lives, in General Court ajjembled, and by the author-
ity of the fame, That the faid Nathaniel Fellovjes, and others, and
all foch perfons as have already, or fliall hereafter become
Stockholders in the faid Company^ be, and hereby are incorpo-
rated into a Company and Body Politic, by the name of The

Union

324- UNION INS. COMPANY. Feb. 2B, An.1^4,

Union Infuranee Ccmpany,^ for and during the term of twenty

^ . vears after the pafiing of th;s A<5t; and by that naiXie may fue

Corporation ' , r j i j ' i • i j j r , . r .

f\ied, &.C. to final judgment and execution, and haye a ccmmon feal, which

they may alter at pleafure \ and may purchafe, hold and convey-
any eftate, real or perfonal, for the ule of faid Company, fub-r,
je£l to the reftri^tions hereinafter mentioned.

Sect. 2, And be it further enaaed. That th^ capital ftock
Value &num- of the laid Company fliall be divided into Ihares of eve hundred
ber of ihares. dollars each, which fbail be paid in to the faid Company in
manner provided in the ninth feftion of this A£tj and the
whole number of ]Qiares Ihall be three thoufand ; and the v:hcle
capital ftock, eftate and property which the faid Company fliall
be authorized to hold, fhall never exceed three hundred thoufand
dol/atsy exclusive of premium notes, and profits arifing from the-
bufinefs of faid Company ; of which capital ftock not more than
ffty thoufand dollars ihall at any time be iuvefted in real eftate.
Sect. 3. ^nd l/e it further e;:acltjdt Th.2it the {{.ock^^ropertyf
affairs and concerns of the faid Company fhail be m.anaged and
DivciSlors to be conducted by feven Directors, one of whom Ihall be Prefi-
^ °''^^* dent thereof, who ftiall hold their offices for one year, and until

others are c^oi^en, and no longer; and who iliall, at the times,
of their eiectlon, be Stockholders, and citizens of this Common-^
wealth ; and lliaii be elected on the fecond Monday of January^
in each and every year, at fucn time of the day, and in fuch a
place in the to^^'n of Bo/lon, as a majority of the Directors for
the time being fliall appoint, of which election public noticie.
fhall be gi^en in at leaft two of the newfpapers printed in the
town of Bcjion^ and continued for the fpace of ten days immedi-.
ately preceding llich election ; and the eledlion fhall be holden.
under the infpecUon of three Stockholders, not being Directors,
and the election ftiall be made by ballot, by a majority of the
votes of the Stockholders prefent, allowing one vote to eac|\
ihare in the cppital ftock : Provided, That no Stockholder ftiall
StockhcUers ^^ allowed mpre than ten votes ; and the Stockholders not
may vote by prefent may vote by proxy, under fuch regulations as the Corn-
proxy, pany Ihall pvefcribe : And if through any unavoidable accident
the faid Directors fhculd net be chcfen en the fecond Monda)''
of January as aforefaid, it fliall be lawful to choofe them on any
other day, in the manner herein prefcribed.

Sect. 4. And be it further enacicd. That the Dire(£tors when,
A Prefident to ^hofen foall meet as foon as may be after every election, and ftiaU
be chvfe.a. choofe out of t}icir body one pcrfon to be Prefident, who ftiall
be fworn faiihfully to diicharge the duties of his cfnce, and who
ihall prefide for one year ; and in cafe of the death, refignation
or inability to ferve, of the Prefident or any Director, fuch va-
cancy or vacancies ihall be filled, ^or the remainder of the year

UNION INS. COMPANY. J^^. 28, An. 1804* 325

in which they liappen, by a fpecial eleftlon for that purpofe, to
be held in the fame manner as herein before diredted refpeding
annual eledlions for Dire6tors.

Sect- S- And be it further enaBed, That the Prelident and
three of the Direclors, or four of the Dire6tors in the abfence
of the Prefident, fhall be a Board competent for the tranfa<5lion ^°^J"*^ ^° ''""f*
of bufinefs ; and all queftions before them fhall be decided by ^"^ bufinefs.
a majority of votes ; and they fliall have power to make and
prefcribe fuch by-laws, rules and regulations as to them fliall
appear needful and proper, touching the management and dif- ^

polition of the flock, property, eftate and efFefts of faid Com-
pany, and the transfer of the fl:iares, and touching the duties
and condud of the feveral ofiicei=s» clerks and fervants employed,
and the eleddon of Directors, and all fuch matters as appertain
to the bufinefs of iniurance •, and fhall alfo have power to ap- ^ Secretary &
point a Secretary, and fo many clerks and fervants for carrying po^jf^g^? ^^^'
on the faid bufinefs, and with fuch falaries and allowances to
them, and to the Prefident, as to the faid Board fliail feem
meet : Provided, That fuch by-Jaws, rules and regulations fball
not be repugnant to the Conftitutioti or bws of this Comraon-f
wealth.

Sect. 6. And be it further enacled, That there fliall be fluted ^^^^^"^s ^^J^
meetings of the Dire£lors at leaft once in every month, and as powcrr&c!^"^
often within each month as the Prefident and Board of Direc-
tors fliall deem proper •, and the Prefident, and a Committee of
two of the Direclors, to be by him appointed in rotation, fhall
afTemble daily, if need be, for the difpatch of bufinefs ; and the
faid Board of Direclors, or the Committee aforefaid, at and
during the pleafure of laid Board, flxall have power and author-
ity, on behalf of the Company, to make infurances on vefTels,
freight, money, goods and effects, and againft captivity of per-
fons, and on the life of any perfon during his abfence by fea,
and in cafes of monies lent^upon bottomry and refpondentia ,• and
^o fix the premiums and terms of payment : And ail policies of
iniurance by them made fliall be fubfcrlbed by the Prefident, or
in cafe of his death, licknefs, inability or abfencfie, by any two
of the Diredlors, and counterfigned by the Secretary, and fliall
be binding and obligatory upon the laid Company, and have the
like efFedl and force as if under the feal of the laid Company ;
and all lolTcs daly arifing under any policy ^o fubfcribed, may
be adjufled and fettled by tlie Prslldent and Boai-d of Direclors,
and the fame fhall be binding on the Company.

Sect. 7. And he it further enacted. That it fhall be the duty S^nl-annoai
of the Direclors, on the firft Monday of July and January in dividends to b©
every year, to make dividends of (b much of the interefl arifing ^'' ^'
fipom their capital ftock, and the profits of the faid Company, as
\Q them fliall appear advileable \ but the monies received, and

notes

326 UNION INS. COMPANY. Feb. 28, An. 1 804.

notes taken for premiums on ri£ks, which fhall be undetermined
and outftanding at the time of making fuch dividends, (hall not
be confidered as part of the profits of the Company : And in
minifljino- \he ^''^^ *^^ ^"^^ ^°^^ ^^ loiTes whereby the capital ftock of the Com-
p?pital. " pany fliall be leflened, before all the inftalments are paid in,
each Proprietor or Stockholder's eftate fhall be held accountable
for the inftalments that may remain unpaid on his fhare or
fhares, at the time of fuch lofs or lolTes taking place » and no
fubfequent dividend fhall be made until a fum arifing from the
profits of the bufinefs of the Company, equal to fuch diminution,
' ihall have been added to the capital ; and that once in every
three years, and oftener if required by a majority of the votes of
the Stockholders, the Directors fhall lay before the Stockhold-
ers, at a general meeting, an exact and particular flatement of
the profits, if any there be, after deducting lofTes and dividends.
3ect. 8. And be it further enaBedy That the faid Company
to^be'^concern- ^^^^ ^°^ dirgdlly nor indirectly deal or trade in buying or felling
pd in trade. any goods, wares, merchandize or commodities whatfoever j
and the capital ftock of laid Company, after being collecled at
each inftalment, fliall, within fix months, be invefted either in
the funded debt of the United States, or of this Commonwealth,
or in the ftock of the United States' Bank, or of any incorporated
Bank in this Commonwealth, in either or of all of them, and
in fuch proportions as may be moft for the intereft of faid
Company, at the difcretion of the Prefident and Diredlors of
faid Company, or of fuch other pcrfon or pcrfons as faid Stock-
holders Ihall for fuch purpofe at any meeting appoint.

Sect. 9. And be it further cnaBed, T.\\z\ ffiy doUa^s on each
(hare in laid Company ihall be paid in money within twenty
when"^to'* be ^^Y'' "^^^^"^ ^^ ^^^ meeting of faid Company ; and the remaining
paid. fum oi ffty dollars on each fhare fliall be paid in money within

one year afterwards, at fuch equal inftalments, and under fuch
penalties as the faid Company fhall' dire£t j and no transfer of
any fhare in faid Company ftiall be permitted, or be valid, until
the whole capital ftock fhall have been paid in.

Sect. 10. And be it further enacted. That no perfon being a

A Dire<5lor in Director of any other Company carrying on the buliiiefs of
^ar'^fnelf'iHe "^^'"^"^^ infurance, fhall be eligible as a Director of the Company

Sect. ii. And be it further enacted. That the property of
Stockholders' any member of faid Company, vefted in the ftock of faid Com-
property liable pany, with the dividend or dividends due thereon, fhall be
TO attachment, jji^^jg j.^ attachment and execution in favour of any bona fide
creditor, in manner following, viz. Whenever a proper officer,
having a writ of attachm-ent or execution againft any fuch
member, fliall apply with fuch writ or execution to the Secre-
tary of faid Company, it fhall be the duty of fnivi Secretary ta

expoie

UNION INS. COMPANY. /v^. 28, An. 1804. 3*;

expofe the books of the Corporation to fuch officer, and fumifli
him with a certificate, under his hand in his official capacity,
afcertaining the number of ihares the faid member holds in faid
Company, and the amount of the dividend or dividends due
thereon ; and when any fuch fliare or fliares fhall be attached
oil mefiie proccjsy or taken in execution, an attefted copy of fuch
writ of attachment or execution ffiall be left with the faid Secre-
tary ; and fuch fhare or ihares may be fold on execution, after
the fame notification of the time and place of fale, and in the
fame mode of fale as other perfonal property \ and it fliall be
the duty of the officer making luch fale, within ten days there*
after, to leave an attefted copy of the execution, with his return
thereon, with the Secretary of the Company, and the vendee
fhall thereby become the Proprietor of fuch fhare or lliares,
and entitled to the fame, and to all the dividends which fliall
have accrued thereon after the taking in execution aforefaid, or*
when there fliall have been a previous attachment, after fuch
attachment, notwithftanding any intervening transfer.

Sect. 12. And be it further cnaBed, That in cafe of any lofs
or loiTes taking place that fliail be equal to the amount of the Dlreacrs*
capital ftock of the fud Company, and the Prefident or Direc- ^["^a " «S
tors, after knowing of fuch lofs or lofTes taking place, fhall cafe.
fubfcribe to any policy of infurance, their ettates jointly and
feverally lliall be accountable for the amount of any and every
lofs that fhall take place under policies fo fubfcribed.

Sect. 13. And be it further enaEled^ That the Prefident and ^^ »

Directors of faid Company fhall, previous to their fubfcribing p^ocktobepub-*
to any policy, and once in every year after, pubhlh in two of lilted.
the newfpapers printed in the town of Bojton, the amount of
their ftock, againfl what riiks they mean to infure, and the
largeft fuin they mean to take on any one rilli j but in no cafe
fhall they be allowed to take a greater fum than ten per centum
on their capital ftock actually paid in.

Sect. 14. And be it further emiBed, That the Prefident and
Directors of fiid Company fliall, when, and as often as required affairs ^to be
by the Legiflnture of this Commonwealth, lay before them a laid before the
ftatement of the affairs of faid Company, and fubmit to an ex- Court.
amination concerning the fame under oath.

Sect. I 5. And be it further enaSied^ That Nathaniel Fello-wes^ Perfons au-
Thomas K. Jones^ and James Prince, or any two of them, are thorized to call
hereby-authorized to call a meeting of the members of faid ^"^^ meeting.
Company as foon as may be, in Bofsn, by advertizing the fame
for three weeks fucceffively, in two of the newfpapers printed in
(aid town, for the purpofe of their ele(5ling a lirfl Board of
Direftors, who fhall continue in office until the fecond xtfonday
©f January_i one thoufand eight hundred and five.
[This A6t pafTed February 28, 1804.]

^28 WILLIAMST. TURNPIKl:, &c. PS\ 28-29, Ari.i 8(54^

An ACT in further addition to an Act, entitled, " An
Match i,i799. Act eftablifhing The WilUamJiown Turnpike Corpora^

tionJ'*

E it eyiaBed by thf Senate and Houfe of Reprefen'tatives ^ iti
General Court ajfemhledi and by the authority of the fame,
iThat a further time of one year from the firft day of March
next, be, and hereby is allowed to faid Corporation to cbniplete
their faid turnpike road.

[This Adt pa-fTed February 2S, 1804.]

An ACT to incorporate certain Perfons to lay out
and build a Turnpike Road and Bridges, from the
Poll-Office near the Great Ponds in the Town of
Middleborotigb, to the Brainfree and Wepncutb Turn-
pike, leading from Weymouth Landing to ^een Ann^s
Corner in Hingham.

„ __ O-S it enaBed by the Senate and Houfe of Reprefenta"

■*-' tives, in General Court aj/embled, and. by the author-
ity of the fame. That IVilliam Rotch, }un. Edivard Pope^ Samuel
Rodman^ and 'Thomas Hazard, jun. and all fuch perfons as are or
fhall be affociated with them, and interefled in the fund raifed
to build faid turnpike and bridges, and their fucceflbrs, fliall be a
Corporation by the name of 77^^ New-Bedford and Bridgetvater
Corpcr:\tion Turnpike Corporation ; and (hall by that name fue and be fued j
T^d ^"h ^ a ^^^ ^^^^^ ^•'^^^ ^ common feal, and enjoy all the privileges and
fcal '&c. powers %vhich are by law incident to a Corporation, for the pur-

pofe of laying out and making a turnpike road and bridges, and
keeping the fame in repair, from the faid poft-office in Middle-
borough, by, or as near vhe feveral meeting-houfes in Titicut, the
fouth and eaft parilhes in Bridgeivater, j^bington, and the upper
paridi in TVeymouth, to the Braintree and Weymouth Turnpike,
leading from Weymouth Landing to Qjiecn Antts Corner, in
PTingham, as the lame may be pra£llcable.

Sect. 2. And be it furtlyer etiatfed. That the abovementioned
Firft meeting pgrfons, or any three of them, may, by advertifement in the
edroffiJe^rs^lt Nc%v~England Palladium, printed in Bojon, and in the Columbian
te' chofen, and Courier, printed in New- Beef or d, call a meeting of the faid Pro-
tules eflablilh- prietors, to be holden at any fuitable time and place, after fifteen
^^' days from the publication of faid advertifement ; and the faid

Proprietors, by vote of the majorily of thofe prefent or repre-
fented at the (aid meeting, (in all cafes accounting and allowing
a vote to each fmgle fhare) Ihall choofe a Clerk, who fhall be
fworn to the faitliful difcharge of his duty j and faid^ Pro-
prietors

N. BEDFORD, &c. TURNPIKE. Feb, 29, An.1804. 329

prietors fhall then and there agree on a method for calling fu-
ture meetings J and at the fame time or at any fubfequent meeting
may make and eftabliih any rules and regulations that Ihall be
neceflary or convenient for regulating the faid Corporation, for
effe<5ling, completing and executing the purpofes aforefaid, or
for colle<5ling the toll hereafter granted j and the fame rules
and regulations may caufe to be kept and executed, or for the
breach thereof may order and enjoin fines and penalties, not
exceeding thirteen dollars and thhtythree cents for any breach
thereof, provided luch rules and regulations are not repugnant
to the laws or Conftitution of this Commonwealth : And the
faid Proprietors may alfo choofe and appoint any other oiScer or
officers that they may deem necelTary •, and all reprefentations
at any meeting {hall be proved in writing, ligned by the perfon
making the fame, which Oiall be filed with and recorded by the
Clerk ; and this A61, and all rules, re^gulations and vot€S of the
faid Corporation, ihall he truly and fairly recorded by the faid
Clerk, in a book or books to be provided and kept for that
purpofe : Provided a!fo. That no one Proprietor in this Corpo-
ration fhall have more than ten votes.

Sect. 3. And be it further eiiaBedy That the fame turnpike
road and bridges (hall be laid out, erected and made by the faid
Corporation, of fufficient width in every part thereof for the
accommodation of the public, that is to fay, four rods wide "^'J^^th of the
through the whole of faid road ; and the made way or path for '"°^*^"
travelling fhall be of lufficient width, and not lefs than t'vcnty-
four feet wide in any part thereof; and when the faid road
and bridges fhall be fufficiently made, from the faid pofl-office
in Middlehorough to the f^\id Weymouth and Bravitree Turnpike
aforefaid, and fhall be fb allowed by any three men to be ap-
pointed by the Governor and Council for that purpofe, then
the faid Corporation fhall be authorized to cre61: two turnpike ^^'^^ ^'"' **'*
gate?, at fuch convenient diflances within the faid road, as a *"^^'' '
majority of the Proprietors by them or their officers fhall direcfl :
Provided, That neither of the gates aforefaid fhall be placed on
any part of the roads heretofore travelled ; and fhall be entitled
to receive, at each one of the faid gate<?, from each traveller and
pafTenger, the following rate of toll, viz. For every coach, pha-
eton, chariot, or other foiuvwheel carriage, for the conveyance
erf" perfons, drawn by two horfcs, tijentyfive cents, and if drawn ^^'" "^ *'^'--
by more than two l\orfes, an additional ium of four cents for
each horfe; for every cart, waggon, f^eigh or fled, or other
carriage of burthen, drawn by two oxen or horfes, iiuelve and
one half cents, and if by more than two, an additional fum of
three cents for every fuch ox or horie ; for every c\ixt\r\Q,ftxteen
cents i for every fleigh, for the conveyance of pafTengers, drawn

Vgl. m. 2,...S ^

33^^: N. BEDFORD, &c. TURNPIKE. Feb. 29, An. 1804^.

by two horfes, twelve and. me half cents, and if drawn by more
than two, an additional fum of three cents for each horfe ', for
every Heigh or fled, drawn ^y one horfe, ten cents ; for every ■
chaife, chair or other carriage, drawn by one horfe, tivelve and
an half cents ; for every man and horfe, fve cents ; for all
horfesj oxen and neat cattle, led or driven, belides thofe in
teams and carriages, one. cent each ; for all Iheep and fwine, three
cents by the dozen, and in the fame proportion for a greater or
le/s number: Provided, That there thall not be but one half of
the. toll demanded or received for the palling of carts or wag-
gons at each of faid gates, that Ihail have the fellies thereof at
leafr:{ix. inches in width : u^nd provided nlfo, That the General
prov'ifo re- Coui^ may hereafter otherwife regulate the tolls to be paid by
fpedttrg the catts and waggons, -according to the width of fellies of the
lejiics °^ wheels on which they Ihall run, and the burthens which they

faall carry ^ And the faid Corporation (hall, ate^cli place where
the laid toil fl:iail be colieftsd, erect and keep conftantiy expoied,
to open view,, a ligu or board, with the rate of toll of all thft
tollable articles fairly and legibly written thereon in large or
capital letters. - ' - • -

_ ,. Sect. 4. j^nd h: it further eiiaBed, That iaid Corporation

ma" hohiland; ii^y P^tcha're and.hold any land over which they may make
and muft pay ''id Toad ; and the Jqftices of the Court of General Seffions of
d»ni^g;es for ^\^q Peace in the refaecyve. counties through which it paires, ar-e

f'Kh as may.be , -, l-j t • r \ r ■ i r> ■

taken. hereoy authorized, cn application irom the laid Corporation, to

lay out faid road, gSt any part thereof within thxir rerpe(fti\««t
jurifdiftionsi as with the qcmfent of faiJ Corporation they n^iy
think proper : And^thc faid Corporation ihall be holden to pay
all damages which fliail arife to any perfon by taking his land
for fuch road, where.it cannot be obtained by voluntary agnee-
ment, to be eftimated by a Committee appointed by the Court:
of General Seffions, of th? Peace in the county in which fuch
damage ihall arife, faving to either party a right of trial by
Jury, according to the law .which. makes provifion for the re*
covcry of damages happening by laying out public highways :
Prmided alnwiys, That in cafe of an increai'e of damages, given.
by the verdict of any Jury that may be called on laid road, the,
expenfe of faid Jury lli;*!! be paid by the faid Corporation.

Sect. 5. ./4nd be it further enacledy That if the faid Corpo-
ration, or their toll-gatherer, or otliers by them employed, fhaii
unreafonably delay or hinder any paffenger or traveller at either
of faid gates, or ih.all demiand or receive more toil than is by this'
Act eftablilhed, the Corporation fl^all forfeit and pay a lam net.
Penalty for de- exceeding ten dollars nor lefs than /7i'5 dollars,- to be recovered
laying travel- ^gfore any Juftice of the Peace of the county v/here the of-
'^"■* fence may be committed, by anv perfon injured, delayed or

defrauded, in a fpecial adion of the cale j the writ in which

fliall

N. BEDFORD, &c. TURNPIKE. Feb. 29, An.1^04. 331

•JKall be ferved on faid Corporation, by leaving a copy of the ^^^^ j-„^ ^^^g
Tame \vith the Treafurer, or fome indtvidunl member of faid is to be recov-
Corporation living in the county where the faid aclion may be ^^^ed.
brought, or by reading the fame to the f'.id Treafurer or indi-
t'idiial member, at leaft feven days before the day of trial ; and
the Treaiurer of faid Corporation, or individual member, fhall
be allowed to defend the fame fuit in behalf of the faid Corpo-
'tation : ^And the Corporation fhall be liable to pay all damages
that fhall happen to any perfon from whom the toll is demand^
able, for any damage which fliall arife from the defeat of bridges
or want of repairing fad way5 ; and Ihall alio be liable to pre-
fentment by the Grand Jury, for not keeping the fame in good
repair.

Sect. 6. And be it further enaEledy That if any perfon fhall
cut, break down, or otherwiie defi:roy any of faid gates, or Ihall
<lisr up or carrv away any earth from the faid road, or in any Pe"3lt'" for
■manner damage the lan'.e, or IJiall rorcibly pals, or attempt to ^^^ forcibly
pafs by force laid gates, without hrfl having paid the legal toll piffincr gate*,
•at fuch gate, fuch perfon (hall forfeit and pay a fine not exceed- or evading toll,
ingjf^'j' dollars and not lefs than ten dollars, to be recovered by the
Treaiurer of faid Corporation to their ufe, in an aclion of tref-
pafs : And if any perfon with a team, cattle or horfcs, turn out
of faid road to pafs any of the turnpike gates aforef.iid, and again
enter faid road, with an intent to avoid any toll eftabliflied as
sforefaid, fuch perfon fhall forfeit and pay a fine not exceeding
three dollars nor lefs than one dollar^ to be recovered by the
Treafurer aforefaid, to the ufe aforefaid, in an aftion of the cafe:
Pro'uidedy That nothing in this Acl: fliall extend to entitle the
faid Corporation to demand or receive toll of any perfon who
fhall be paiTmg with his hori'e or carriage to or from public
worfhip, or with his horfe, team or cattlej to or from his com-
mon labour, or to or from any mill, or on the common or ordi-
nary bufinefs of family concerns within the town of which
they are inhabitants, or from any perfon or perfons palling on
military duty.

Sect. 7. And le it funher enacted^ That the ilia res in faid shares confid-
road fhall hie de'emed perfonal eftate to all intents and purposes, ccd perion^l
and fhall be transferable by deed, duly acknowledged before jf ^"aSfer° &
any Juftice of the Peacej and recorded by the Clerk of the faid atcachmeut
Corporation, in a book to be kept for that.purpofe : And when prefcribed.
any fuch fhares lliall be attached on mefni' procefs^ or taken in
execution, an attafled copy of fuch writ of attachment or exe-
cution Ihaii, at the time of the attachment or taking in execu-
tion, be left with the Clerk of faid Corporation, otherwife the
attachment or taking in execution fliall be void 5 and fuch fliares
may be taken and fold by execution in the fame manner as other
|)erfonal eftate, and the officer or judgment creditor, leaving a

copy

33« N. BEDFORD, &c. TURNPIKE. Feb, 29, An. 1 864*

copy of fuch execution, with the return thereon, with fuch
Clerk, within fourteen days after fuch fale, and paying for the
recording thereof, ihall be deemed a fufficient transfer of the
fame.

Sect. 8. y^nd he it farther enaciedy That the faid Corpora-
Statement of tion Ihall, within fix months after laid turnpike road fhall be
receipts & ex- completed, lodge in the Secretary's office an account of all the
pei-dlture!, to gxpcnfes of faid road and bridges \ and the faid Corporation
be exhibited, ^.^^j annually exhibit to the Governor and Council a true ac-
count of the income or dividend arifmg from faid toll, with the
neceifury annual difburfements on faid road % and the books of
the faid Corporation Ihall at ail times be fubjefl to the infpeclioa
of a Committee to be appointed by the General Court, or to the
infpedtlon of the Governor and Council when called for.

Sect. 9. And be it further cnaBedy That whenever any Pro-
prietor Ihall negleil or refufe to pay any tax or alTefllnent duly
voted and agreed upon by the faid Corporation, to their
Treafurer, within thirty days after the time fet for payment
thereof, the Treafuier of faid Corporation is hereby authorized
Shares of de- to fell at public vendue the (liare or fnares of fuch delinquent
l'°f")T^* "^^y Proprietor, one or more, as fliall be fufficient to defray faid
taxes and neceflary incidental charges, after duly notifying in
one or more public newfpapers printed In the counties of Sirff'olk
and Brijiily the fum due on fuch (hares, and the time and place
of fale, at leaft thirty days previous to the time of fale ; and
fuch fale fhall be a fufficient transfer of fuch fhare or {hares io
fold to the perfon purchafing the fame ; and on producing a
certiiacate from the Treafurer to the Clerk of faid Corporation,
the name of fuch purchafer, with tlie number of iliares fo fold,
fliall be by the Clerk entered on the baoks of faid Corporation ;
and fuch perfon Ihall be confidered to all intents the Proprietor
thereof; and the overplus, if any there be, fliall be paid on
demand by the Treaiurer, to the perfons whofe fhares were
then fold.

Sect. 10. And be it further enaEiedy That the General Court

^°'T*"*^t^'^. may dilTolve the faid Corporation,whenever it fhall appear to their

«d -when the f'ttisfa^Ttion that the faid income ariling from faid toll fhall have

member* are fully compenfatcd the faid Corporation for all monies they may

jndcmuified. j-j^ve expended in purchalmg, repairing and taking eare of the

faid road and bridges, together with an interefl: thereon at the

rate of twelve dollars on the hundred for a year, from the time

of completing the fame ; and thereupon the interefr in the faid

turnpike road and bridges lliall veil in the Commonwealth :

Fi'ovided, That if the faid Corporation fhall neglect to complete

faid turnpike road and bridges, for the fpace of three years

from the paifmg of this Act, the fame fhall be void and of no

efiea.

Sect.

"Union ins. company. iv^. 29, Ah. 1804. 3^,^

Sect, l i. And be it further enacied, That the faid Corpora- tj,^ rate of toll
tion be, and it is hereby empowered to commute the rate of may be coni-
toU with any perfon, or with the inhabitants of any town through n^uteii-
which their turnpike road is made, by taking of him ot them
any certain fum annually, or for a lels time, to b>e mutually
agreed on in lieu of the toll eftabUllied in and by this K£t.

Sect. 12. jind he it further etia£led. That the faid Corpora-
tion is hereby allowed to grant monies to fuch perfons as ren- Money ma^
dered fervices to the Proprietors in exploring the route of the °^ granted 10
turnpike road, or otherwife, previous to the Aft of incorpora- '^' ^ P ''
tion : And the faid Corporation is hereby authorized to purchafe
and hold other real eftate, adjacent to and for the accommoda-
tion of faid road, to the amount of tiventy thoufand dollars.
[This Adl paiTed February 29, 1804.]

An ACT to incorporate ^Jonathan Mafon, and others.
Into a Company, by the Name of The Union Marine
Infu'rance Company.

o jnE it enaBed by the Senate and Hcife of Reprefcnta-

•*-* tiveSf in General Court njjembled, and by the author-
ity of the fame ^ That the laid Jonathan Mafon, and others, and
all fuch perfons as have already, or hereafter ihall become
Stockholders in faid Company, being citizens of the United
States, be, and hereby are incorporated into a Company or Body
Politic, by the name of The Union Marine luf trance Company,
for and during the term of twenty years after the palling of Corporation
this Aft j and by that name may iiie or be fued, plead or be rnay fue & be
impleaded, appear, prolecute and defend to final judgment and ^"'^'^> ^'^•
execution ; and have a common fcal, which they may alter at
pleafure ; and may purchafe, hold and convev any eftate real or
perfonal for the ufe of faid Company, fubjec: to the reftriftions
hereafter mentioned.

Sect. 2. Be it further enaEled^ That the capital flock of Value ta num.
faid Company, exclufive of preinium notes or profits arifing ^^f o^ ^^"s.
from faid bufmefs, fliall conlifr of tnuo hundred and fifty thaufand
dollars >• and (hall be divided into two thoufand tive hundred
Ihares ; of which capital ftock, fmenty thoufand dollars only fliall
be inverted in real eflate.

Sect. 3. Be it further ennBed, Tiiat the flock, property,
affairs and concerns of faid Company ihall be managed and Directors to b^
condufted by nine Direftors, one of whom fhall be the Preii- chofen.
dent thereof, who Ihall hold their offices for one year, and until
others fliail be chofen, and no longer ; which Directors Ihall, at
the time of their eleftion, be Stockholders, and citizens of this
Commonwealth j and fliail be elefted on the fecond Monday of

At>ril

3i4 tJNION INS. COMPANY. fe 29, An. 1804.

yipril in each and every year, at fuch time of the day, and in
fuch place in the town of Salem- z?, a majority of the Direftors
iFor the time being (hall appoint, of which election public notice
^fhall be given in one of the newfpapers printed in the town of
Sa/em, and continued for the fpace of ten days immediately
preceding fuch ele£lion ; and fuch election fhall be holden under
the infpedtion of three Stockholders, not being Directors, to be
appointed previous to every ©leftion by the Dire6lors; and
fhall be made by ballot by a majority of votes of the Stock-
holders prefent, allowing one vote to each fliare in the capital
ftock : Providedy That no Stockholder fhall be allowed more
than ten votes 5 and the Stockholders not prefent may vote by
Stockholders proxy, under fuch regulations as the faid Company fhall pre-
proxy7 fcribe : And if through any unavoidable accident the faid Di-

reftors fhould not be chofen on the fecond Monday of Jpril
as aforefaid, it fhall be lawful to choofe them on another day,
in the manner herein prefcribed.

Sect. 4. Be it further enacJedy That the Direflors {o chofen
fliall meet as foon as may be after every election, and fhall
A Prcfidcnttb choofe out of their body one perfon to be Prelident, who fhall
Bfe chofen. prefide for one year, and be fworn faithfully to difcharge the
duties of his olHce •, and in cafe of the death, refignation or
inability of the Prefident or any Directors to ferve, fuch vacancy
or vacancies fhall be filled for the remainder of the year in which
they may happen, by a fpecial eleflion for that purpofe, to be
holden in the fame manner as herein before direfted refpedling
annual eleftions for Direftors and Prefident.

Sect. 5. Be it further enafted. That the Prefident and four
of the Directors, or five of the Directors in the abfence of the
sd bufinefi. Prefident, fhall be a Board competent for the tranfacftion of
bulinefs ; and all quef!:ions before them fhall be decided by a
majority of votes ; and they fhall have power to make and pre-
fcribe fuch by-laws, rules and regulations as to them fhall appear
r.eedful and proper, touching the management and difpofition
of the ftock, property, eflate and effe<n:s of faid Company, and
the transfer of the (hares, and touching the duties and conduft
of the feveral officers, clerks and ferVants employed, and the
election of Directors, and all fuch matters as appertain to the
A Secretary & bufinefs of infurance ; and fhall alfo have power to appoint a
Clerkstobeap. Secretary, and fo many clerks and fervants for carrying on the
f omtc £-^.^ bufinefs, and with fuch falaries and allowances to them, and

to the Prefident, as to the faid Board fViall feem meet : Pro-
vided, Th::t fuch by-laws, rules and regulations fhall not be
repugnant to the Conftitution and laws of this Commonwealth.
^ . Sect. 6. Be it further emciedy That there fhall be ftated

Diredofs their meetings of the Diredtors at leaft once in every month, and as
i>owcrf=, &c. often within each month as the Prefident and Board of Direct-
ors

UNION INS. COMPANY. Feb. 2g, An.iSo^, 335.

ors fhall deem proper ; and the Prefident and a Committee of
two of the Direftors, to be by him appointed in rotation, ihall
affemble daily, if need be, for the difpatch of bufinefs : And
the laid Boi-;rd of Dire^ors, or the Committee aforefaid, at and
during the pleafure of faid Board, fhall have power and author-
ity on behalf of the Company, to make infurance upon veflels,
freight, money, goods and effects, and againfl captivity of per-
fons, and on the life of any perfon during his abfence by fea,
and in cafes of money lent upon bottomry and refpofidentin ,• and
to fix the premium and terms of payment : And all policies of
infurance by them made fliall be fubfcribed by the Prefident,
or in cafe of liis death, licknefs, inability or abfence, by any
two of the Diredlors, and counterfigned by the Secretary, and
fhall be binding and obligatory' upon the faid Company, and
have the like effe(St and force as if under the feal of faid Com-
pany, and all lofFesduly arifing under any fuch policy fo fub-»
fcribed, may be adjufted and fettled by the Prefident and Board
^f Directors, and the fame (hall be binding on the Company.

.S;EC.T. 7. Be it further enaBcdy That it ihall be the duty- of semi-annual
the Dire6tors, on the fecond Monday oi March zti^ September \n dividends to b*
every year, to make dividends of fo much of the interell arifing "^^^^
from their capital flock, and the profits cf faid Company, as to
them fl:iall appear advifcable ; but the monies received, and
notes taken for. premiums on rifks, which fliall be undetermined
aild outftanding at the time of making fuch dividends, fhall not
Lq confidered as part of the profits of the Company : And in
cj\fe of any lofs or iofles whereby the capital ftcck of the Com- Cafe of lofs di«
pany fhall be lefi!ened, each Proprietor's or Stockholder's eftate minifhing tU.
Ihall be held accountable for the inftalment that may be due capital,
and unpaid on his fl^are or ihares at the time of faid lofs or
Iofles taking place, to be paid into the faid Company by afTell^
ments, or fuch other mode, and at fuch time or times as the
P.irectors fhall order ; and no fubfequent dividend (hall be
made, until a fum equal to fuch diminution ihall h^ve been
added to the capital ; and that once in every year, and ofcener
if required by a majority of the votes of the Stockholdei*s, the
Diredors Ihall lay before, the Stockholders, at a general meet-
ing, an exacl and particular ftatement of the profits, if any there
be, after deducting Iofles and dividends.

Sect. o. Be it further enaSiedy That the faid Company (hall
not dire£t!y or indiredtly deal or trade in buying or felling ^^ be concera-
any goods, wares, merchandize or commodities whatfoever ; and ed in trade,
the capital ftock of faid Company, within fix m.onths after being
collected at each inftalment, fhall be invelled either in the
funded debt of the United States, or of this Commonwealth, or
?p the flock of the United States Bank, or of any incorporated
Bank in tliis Commoiiwcahh, at the-difcreiion of the Prefident

and

33^ UNION INS. COMPANY. f>3. 29, An.1804.

and Directors of faid Company, or of other officers which the
Proprietors ihall for fuch purpofe appoint.

Sect. 9. Be it further cnaffedy That ffty dollars on each
whcfrTq' be ^^'■e '"^ ^'^^"^ Company (hall be paid within vhirty days after the
•aid. ^rft meeting of faid Company, and the remaining fnm within

one year aficr faid firft ineeting, in fuch equal inftalments, and
under iuch penalties as the f-iid Company ihall diredl ; and no
transfer of any ihare in faid Comixany ih dl be permitted, or be
vahd, until all the inftalments \vhich Ihall have been aflefled
on fuch fliare {hall have been paid.

^. „ . Sect. 10. Be it fut their en.iBed. That no perfon bein? a
A Director in . . -^ . "

anotherCn -- Director of any other Company carrying on the bufinefs of

pany ineligible marin? infurance, ihall be eligible as a Director of the Com-i
ill this. pjny by ti^is ^^ eftablilhed.

-Sect, ii, BsitfutkerenaBsd^ That the property of any
Stocltholderji' ^nember of faid Company, vefted in the ftoclc of faid Company,

tu atuchuient. ^^i^^ *^^ ^i'^'-''''^^'^^ o"* ^^'''^''''^^"'^^ *^^^ therecn, fhall be liable to.
attachment and execution, in flavour of any hcna fide creditor,
in manner following, vi:^. Whenever a proper officer, having a.
writ of attachn:\ent or execution againd any fuch member, fhall
apply with fuch writ or execution to the Secretary of faid Com-
pany, it fhall be the duty of faid Secretary to. expofe the books
of the Corporation to fuch oiHcer, and furnifh him with a cer-,
tificate under his hand, in his official, capacity, afcertaining the-
number of Ihares the faid member liolds in faid Company, and
the amount of the dividend or dividends due thereon-, and
when any fuch fliare or ihares {hall be attached on mefne proce/sy
or taken in execution, an attefted copy of iuch writ of attach-
ment or execution {liali be left with the faid Secretary ; and-
fuch fhara or fhares may be fold in execution, after the fame
notification of the time and place of fale, and in the fame mode-
of f.ile as other perfonal property ; and it Ihall be the duty of
the o.fiicer making fuch fale, within ten days thereafter, to leave-
a;i attefted copy of the execution, with his return thereon, with-
the Secretary of the Company, and the vendee fhaU thereby
become the Proprietor of Iuch fiiare or {hares, and entitled to.
the fame, and to all the dividends which fhall have accrued
thereon after the taking in execution as aforefaid, or when
there Ihall have been a previous attachment, after fuch attach-
ment, notwithftanding any intervening transfer.

Sect. 12. Be it fii^rther enacled^ That in cafe of any lofs

prre(3ors" ^^ lolies taking place, that ihall be equal to the amount of the

ia^T "^^certain capital ftock of the faid Company, and the Prelident and Di-

pa'§. re£lors, after knowing of fuch lois or lofles taking place, fhall

lUblcribe tp any policy ot infurance, their eftates jointly and

feverally fliall be accountable for the amounts of any and every

lofs that fhill take place under policies thus fubfcribcd.

Seer,

I'ETERSIlAM, kc. TURNPIKE. Feh. 29, An. 1 804. 337

Sect, 13 Be it further, enacted^ That the Prefident and

Directors oi" faid Conipany fhall, previous to their fubfcribing . . .

f y * r 11-n • S- Amount or

to any policy, and once in eveJ-y year atter, pubhlh in one oi ftocktobepub-

the newfoapers priiitcd in the town of Salem, the amount of lifted.

their rtocic, a-^ainft what rilTcs they mean to inlure, and the

lar>>;eft: Turn they mean to take en any one rifk : Provided, That

the laid Pl-efident and Dire£lors Inall not be allowed to infure

on any one rifk a larger fuin than ten per centum of the amount

of the capital ftock ailualiy paid in.

Sect. 14. Be it further ennFfedy That the Prefident a^^i c;ta|.emej,t of
Directors of faid Company flii^ll, when, and as often as required affairs to be hid
by the Legiflature of this Coaimonweakh, lay before them a b. fore the
ilatement of the affairs ef ftid Company, and fubmit to an ex- Court,
amination concerning the fame under oath.

8ect. 15. Be it further enacted, That Jonathan M-ifony Jon- Perfons au*
athan NeaJ, and jojjua Weird, or any two of them, are hereby jhorized to call
Huthorized to call a meeting of the raembers of laid Company as "^ ^^^^ '"^'
foon as may be, in Salem, by ad-^ertizing the fame for two iuc-
ceffivc weeks, in the Salem Regrjler, for the purpofe of their
electing a firft Board of Dircv^ors, who fliall continue in office
until the fecond Monday of April, one thoufand eight hundred
and live.

[This Act pafled Fehmary 29, 1S04.]

An ACT to eftabiifh The Pctcrjham and Monfon Turn'
pike Corporation.

T:E it eriacled by the Senate a?td Kotife cf Reprefenta-
^ t'vtSy if! General Court ajfembled, and by the author-
ity of the fa me. That James Humphrey, Oliver Chipen^ '^aWi"/ Names of per-
Calkoon, Aaron Merick, Jofph Kenarick, Jifin Ketchnm, Oliver ^^f^ incorpora-
Harrisy Aaron Johnfon, So'omon St'-O'ig, J^hn Huniphyey, William

Bigeloiu, R.ger WeJ?, John Pairic^k, Thomas Patrick, Abijah
Powers, John ShaiO, TFiiHam BoivJoin, Joel Norcrofs, John King,
and Thomas Po'wers, together with fuch others as Ihall aflbciate
with them, and their fuccefTors and afiigns, lliall be a Corpora-
ticn, by the name and ftyle of The Peterfliam and Monfon Turtle
pih' Corporation, with ail the powgrs and privileges ufually given
and incident ro fimilar Corporations for making turnpike reads,
for the purpole of making and keeping in repair a turnpike
i-oad, from the Fifth Turnpike in Atkoly through the towns - . , .

01 Athol, Petafoam, Dana, Grccfiiuich, Ware, Palmer y and j.^° ^^ ^ ^-^^^^j*
Monfony to connect with the turnpike iu Staffordy in the moft fionsl &c
convenient direction through faid towns : And the faid turn-
pike road fhall not be lels than four rods wide, and the part

to
Vol. III. 2....T

33S PETERSHAM, &c* TURNPIKE. Feb. 29, An. 1 804.

to be travelled on not lefs than twenty feet wide in any part
thereof: And wh^en the faid road fliall be fufficiently made,
and fhall be fo allowed and approved of by the Committee
hereafter named, for laying out and locating fViid road, then the
Corporation fliall be authorized to erecl three turnpike gates on
faid road, in fuch places and in fuch manner as fhall be directed
by faid Coramirtee : Provided^ That no turnpike gate be erect-
ed, or any toll demanded, on any part of the prefent travelled
road J and the faid g.nes not to be erected lefs than ten miles
diftant from each other.

Sect. 2. And be it further eiiacledy I'hat the faid Corpora-
tion may purchafe and hold lands over which they may make
Committee to f2*'d road ; and the Hon. Thomas -Haley Zabina Montague^
lay cut the and John Cutler, Efqrs. are liereby appointed and authorized,
road. pj^ application of faid Corporation, to locate and lay out laid

road, or any part thereof, in fuch dire<5tion as they, or a major-
ity of them, fhall think mofi: convenient and proper : And the
faid Corporation fliall be liaLl': to pay all damages which may
arife to any individual by taking his land for fuch road, where
the fame cannot be obtained by voluntary agreement, to be
eftimated by the Committee aforefaid, faving to either party
the right of trial by Jury^ according to the law which makes
provifion for the recovery of damages ariling from the laying
out of highways : Providfd, Thnt in all cafes where the Jury
determine an excefs of damages, the expenfe fhall be paid by
the Corporation.

Sect. 3. Ar.d he it further enr.Bed, That it fliall be lawful
for the faid Corporation to demand and receive of each perfon,
traveller or paffenger the following rates of toll, at each gate.
Toll eftablifli- viz. For every coacli, chariot, phaeton, or other four-wheeled
**^ carriage, drawn by two horfes, twenty centSy and if drawn by

more than two horfes, an additional fum of three cents for each
horfe j for every cart or Avaggon, drawn by two oxen or horfes,
ten centSy and if drav/n by more than two oxen or horfes, the
additional fum of three cents for each additional ox or horfe ;
for every curricle, fifteen cents ; for every chaife, chair or car-
riage, drawn by one horfe, ten cents ; for every man and horfe,
four cents ; for every fled or fleigh, drawn by two oxen or horfes,
eight centSy and if drawn by more than two, the additional fum
of two cents for each ox or horfe ; for every fled or fleigh,
drav.m by one horfe, five cents -, for -all horfes, mules, oxen or
neat cattle, led or driven, befides thofe in teams, eight cents by
the dozen, and in that firoportion for a greater or lefs number ;
and for all flieep or fwine, at the rate of three cents by the
dozen, and for a greater or lefler number the fame fum in pro-
The rate of toll portion : Prc^vided however y That the faid Corporation may, if
mut'ed.'^ * ^^^y ^^° caule, commute the rale of toll with any perfons or

Coi*porations,

PETERSHAM, S^c. TURNPIKE. Feb. 29, An.1804. 339

Corporations, by taking of them a certain funi annually, to be

mutually agreed on in lieu of the toll aforefaid : j^nd provided
o/fo, That not more than half the rate of toll before mentioned
iiUll be demanded for any cart or waggon, the fellies of the
wheels of which fhall be not lefs than hx inches broad ; and
that the General Court may hereafter otherwife regulate the
tolls on carts and waggons, according to the width of the fellies
of the wheels on which they fliali run^ and the burthen they
(hall carry : And the faid Corporation fhall, at each place where
the toll ihall be coUefled, ere(5t in ibme confpicuous place, and
conftantly keep expoied to view, a fign or board, with the rate
of toll of ail the tollable articles fairly written thereon in large
or capital letters.

Sect. 4. j^nd be it further enaclcdy That if any pei*fon fhall
cut, break down or otherwife injure or deftroy either of the faid
turnpike g'ates, or fliall dig up or carry away any earth from Penalties for
the faid road, or in any other manner injure the fame, or (hall «nj""ng ^ajl*
forcibly pafs, or attempt to pafs the faid gates by force, with J^i^^^^ ^^^^tcf,
intent to avoid the payment of the legal toll at fuch gate, fuch or evading toll.
perfon (hall forfeit and pay a fine not exceeding ten dollars nor
lefs than five dollars, to be recovered by the Treafurer of the
Corporation, in an a(Stion of trefpafs : And if any perfon with
his team, cattle or horfe, turn out of the faid road to pafs the
faid turnpike gate, and again enter on faid road, with intent to
evade the toll due by virtue of this A£l, fuch perfon Ihall forfeit
and pay tivo dollarsy to be recovered by the Corporation, to the
ufe of the fame, in an a£lion on the cafe : Provided hoiuever,
That nothing in this. A^c ihall extend to entitle the faid Corpo-
ration to demand or receive toll of any perfon who Ihall be
paffing on foot, or with his horfe or carriage to or from public
worfhip, or with his horfe, team or cattle, to or from his com-
mon labour on his farm, or to or from any grill-mill, or on the
common and ordinary bulinefs of family concerns, or from any
pcrlbn or perfons pafBng on military duty, or from any perfon
palling on any part of faid turnpike road that may be made on
any road now travelled.

Sect. 5. y^nd be it further enoBedy That if the fiid Corpora-
tion, or their toll-gatherer, or others in their employ, fhall unrea-
fonably delay or hinder any traveller or pailenger, or ihall de-
mand or receive more toll tlvan is by ihis Act eftablilhed, the faid
Corporation fliall forfeit and pay a furr; not exceeding ten dollars penaWfor dc
nor lefs than i'Lijo dollars, to be recovered before any Juftice of laying trivel-
the Peace of the county wher j the ofEiFice is committed, by '"*•
any perfon injured, delayed or defrauded,, m a fpecial a<ftion How the fine:
on the caie ; the writ in which cjfe fliall be i'erved oj^the Cor- '^ '" ^^ "cov-
poration, by leaving a copy of tl\e lame with the Treafurer, or
with fome other member of the Corporation living in the county

where

34<> PETERSHAM, &:c. TURNPIKE, f^. 39, An.iSo^

Vrkei'e the oiFence is committed, at leaft feven days before the'
day of trial ; and the faid Treai'urer, or other iiiembcr with
whom the laid copy llrall be left, fliall be allowed to defend
the fame fuit in behalf of the faid Corporation : And the Cor-
poration Ihali be liable to pay all datnages which may happen
to any perlbn from whom the toll is demandable, which Ihal],
arife from defeft of bridges or -lyant of repairs in the faid road ;
and llrall alfo be liable to prefentment hy the Grand Jury,' for
not keeping the fame in repair ; and if the faid road, or any
part thereof, fhall be liiiFered to be out of repair, the Jaftices/
of the Common Pleas within and for the county wherein the •
fame may lie, or the major part of them,, or a Committee to be"
appointed by faid Jtiftices for that purpofe, are hereby author-
ized to order faid gates, or either of them, to be let open ; faid
Juftices, or their Committee, having prcvioully notified the
Clerk of faid Corporation, of complaint haying been rnade of-
the badnefs of faid road, at le.;ft ten days previous to their or-
dermg tliem, to be fet open ; and immediately upon fiich order-
in Avriting, under the hv-nds of faid Juftices, or tlieir Ccmmifteej
being left with the Clerk of the Corporation, the find gate or.
gates fhail be opened, and no toll fliall be demandable or takeii,
thereat, until the faid Julf ices or their Committee iball order.
Sect. 6. Ami be it further eHaHed, That the Uiares in faid
Shares confld- turnpike fliall be taken and deemed to be perlonal eftate, to all
eftate, & iv.ode ^'^'■^"'^ ^""^ purpofes, and fliall and may be transferable ; and-'
of transfer & the mode of transferring the faid Iharcs fh^il be by deed, ac*.
attachment kiiowledged before any Juftice of the Peace, and recorded by
pre cu ed. ^^^ Clerk of the laid Corporation, in a book for that purpofe to
be provided and kept : And when any Hiare fliall be attached,
on mejne p.-i^efs^ or taken in execution, 3n attelted copy of faid
^yrit of attachment or execution (hall, at the time of the attach-
ment or taking in execution, be left with the Cierk of the faid
Corporation, otherwiie the attach,ment or taking in execution
iliall be void \ and fuch Omres may be fold on execution in the.
fame manner as is or may by law be provided for making falo,
of perfonal property on execution ; and the officer nraking the
falc, or the judgment creditor, leaving a copy of the execution,
and the officer's return on the fame, with the Clerk of the faid.
Corporation, vvithin fourteen days after laid fale, and paying
for the recording of the iame, fliall be deemed and conlidered,
as a fufficient transfer of llich Ihare or Ihares in the faid turn~
pike road.

Shot. 7. And he it further eficiElcd^ That the fiid Corpora-
Statement of tion Ihall^ within fix months after the faid road is completed,
receipts & ex- lodge in tiie Secretary's office an account of the expenfes there-
pena.^ures.^ to^£. ^^j,.^^ ^j^.^,. {.^e faid Corporation fhaii annually exhibit to the.
'■" ■•"' '"'" Governor and Council a true accomit of the income or dividend

PETERSHAM, kc. TURNPIKE. Feb. 29,. An.1804, 34l<

arhing from faid toll, 'with their neceffary annual difturfements
on the laid road j and that the books of the faid Corporation
iliall at all times be iubje£r to the infpecllon of a Committee to
be appointed by the General Court, or to the infpection of the
Governor and Council when called for.

Sect. 8,- AnJ be it further ena£led. That whenever any PrOa
prietcr Iliall neglect or refufe to pay any tax or affefTment, duly
voted ancf agreed upon by the Corporation, to their Treafurer,
within Cxty days after the time let for the payment thereof, the shares of dc-
Treafurer of the faid Corporation is hereby authorized to fell at linquents may
public vendue the ihare or Ihares of luch delinquent Proprietor, he lold.
one or more, as Ihall be fufficient to defray the f lid taxes and
neceflary incidental charges, after having given public notice of
fuch fale in one of the pewfpapers printed at Worcejler and-
Norihatnptony thefum due on any fuch ihares, and the time
and pUce of fale, at leaft thirrv'' days pi'evious to the time of
ialc ; and i'uch lale Ihall be a lafRcient transfer of the fhare or-
fliares {o Ibid, to the perfon purchafmg the lame ; and on pro*
ducing a certificate of fuch fale, fro;n the Treafurer to the
Clerk of faid Corporation, the name of' fuch purchafer, with
the number of ihares i'o fold, Ihall be by the Clerk entered on
the books of laid Corporation, and fuch perfon fhall be confid-
efcd to all intents and purpofes the Proprietor thereof; and
the overplus, if any there be, Ihall be paid on demand, by the
Treafurer, to the perfon whofe Ihares were fo fold.

filUy compenf^ted the laid Corporation for all monies the}" may ^^e mdemmfi-

have expended in purchnling, repairing and taking care of the

laid roid, together with an intereY.. thereon at the rate of t^'cive

p^r ci'jif. by the year j and thereupon the property of the faid;

road ll-) all be vefted in the Commonwealth, and ba at the dif-

pofil of the Lej^iilature thereof: i'rovided ho'-JDiveVy That if the

fkid Corporadon ihall ncgleft to complete the faid road for the

fpace of three years from the palling of this Act, the fame ihall

bb void and of no etifedl.

Silct: ro. And be it farther eiianed. That Thivias Po-merr, p^^j.^^
AJauh N'ciycornh, and Rogjcr JVft, are hereby authorized to call thorized to
the lirlf' meeting of the iaid Corporation, at fach time and place call the firft
as tiiey ihall think moft proper and convenient, for the purnofe "^^«'"Jg'
of chooling a Clerk, who fhall be fworn to the faithful difch?.rge
of the duties of his laid ofiice, and, iuch other officers as may
then be agreed on by faid Corporation ; and the faid Corpora-
tion may at the fame time eilablilh fuch rules and regulations
^Sihuh be judged neceiiary for the \Yeli-oidering of its ati'airs,

and

342 PITTSF., &c. METHOD. SOC. March i. An. 1804.

and alfo upon a method for calling future meetings : Providedy
That fuch rules and regulations fhall in no cafe be repugnant
to the Conftitution and laws of this Commonwealth.
[This Act pafled February 29, 1 804.]

An ACT to incorporate a Number of the Inhabitants
of the Towns of Pittsfield, Hancock^ Dalion, and
Wajhington, in the County of Bcrkjhire, into a Relig-
ious Society by the Name of The Methodiji Religious
Society in Pittsjield^ Hancock^ Dalton, and Wajhington,

q T)E it enaEled by the Senate ajid Houfe of Reprefenta~

•*^ tiveSy in General Court ajjembledi and by the author-
ity of the fame, That Gideon Allen, Loyal IV. Allen, David Afhley^
jun. Allen Barnes, Solomon Clark, John Clark, Seth Coe, John
Sncof oral ^k^ion, Oliver Fuller, Ira Gaylord, Robert Green, Leonard Goff,
U^ ■ Enoch Hubbard, Eli/ha Hubbard, Zadock Hubbard, Thomas Hub-

bard, Malcom Henry, Nathaniel Kellogg, ]\XTn.. Jofhua Luce, Rich~
ard Ofborn, William Pamroy, William Roberts, Edward Roberts^
{qii. Edward Roberts, jun. Aaron Roberts, Aaron Root, Anna
Smith, Samuel Stanton, Nicholas Stanton, EUphalet Stevens, Jyja-
than Stow, Lebbeus Webb, Nathan Webb, Nathan Webb, }un. John
Ward, Jofjua Whitney, Jofeph Wood, and Joftah Wright, mem-
bers of the faid religious Society, with their families and ef-
tates, be, and they are hereby incorporated by the name of
The Methodifl Religious Society in Pittsjield, Hancock, Dalton, and
JVafJjitigton, with all the powers, privileges and immunities to
which parifhes are entitled by the Confkitution and laws of
this Commonwealth : Provided however. That all fuch perfons
fhall be holden to pay their proportion of monies aflefled in
the town or parifh to which they refpedtively belonged previ-
ous to that time.

Sect. 2. And be it further enacted. That Eli Root, Efq. be,
authorized To "^"^^ ^^ '-'^ hereby authorized to iflue a warrant, dire£ted to fome
<;all the firft fuitable member of faid Mcthodift Society, requiring him to
meeting. notify and warn the members thereof to meet at fuch time

and place as fliall be appointed in faid warrant, to choofe fuch
officers as pariflies in this Commonwealth are by law empow-
ered to choofe in the month of March or April annually.
[This Ad paired March i, 1804.]

UNION TURNPIKE. March 2, An.iSa4. 343

An ACT to incorporate a Number of the Inhabitants
of the Towns of Gorhajn and Standijh^m the Coun-
ty of Cuinberland^ and the Town of Buxton^ in the
County of Tork, into a diilinft and feparate Relig-
ious Society by the Name of The Methodiji Society in
Gorha?n, Buxton and Standijh.

„ jnE it enaEled by the Senate and Hotife of Reprefenta-

■^ tivesy in General Court ajfembled, and by the author-
ity of the fame, That Hugh Moore, Jonathan Moore, James Wa-
terhoufe, James Cochran, Jofiah Payne, Thomas Irtfh, James Da- Names of pef-
vis, Daniel Hill, Ebenezer Lombard, Ifaac Tork, Amos Thombs, [°J* i«=o'-P°r»-
Santuel Files, Mofes Fogg, Joftuh Berry, James Letuis, Richard
Lombard, Nathaniel Bracket, Elkanah Harding, Abraham IVebby
John Whitmore, Lot Nafon, Uriah Nafon, Simeon Libby, Samuel
Dennet, Philip Ayer, Richard Lamb, Thomas Thombs, Daniel KitK-
ball, Sylvanus Bangs, Daniel Lowell, Richard IVillis, Jofeph Bry-
ant, Timothy Ayer, Stephen Hophinfon, John Whitney, John
M'Gill, Jofhua Moody, Afa Whitney, and Colman Phinney, mem-
bers of faid religi6us Society, with their families and eftates,
be, and hereby are incorporated into a religious Society by
the name of The Mcthodifl Society in Gorham, Buxton and Stand-
if) : with all the powers, privileges and immunities to which
other parirties in this Commonwealth are by law entitled :
Provided hwwever. That the perfons fet off as aforefaid fhall be
held to pay their proportion of all monies afTeiTed in each of
faid towns for parochial purpofes previous to the paffing of
this A£t.

Sect. 2. And be it further enacted by the authority aforefaid.
That any Juftice of the Peace in the county of Tork be, and is
hereby authorized and empowered to ilTue his warrant, di- Firft meeting
rented to fome fuitable member of faid Society, to meet at ^°^ "^^ ^<-' '^^^^"
fuch time and place as (hall be appointed in faid warrant, to
choofe all fuch officers as parifhes in this Commonwealth are
by law entitled to choofe in the months of March or April an-
nually.

[This A«5l pafTed March i, 1S04.]

An ACT to eftabliih a Corporation by the Name of

The Union Turjipike Corpcration.

. TiE it enaEled by the Senate and Hoife of Reprefenta-

■^ fives, in General Conn ajpmbled, and by the author-
ity of the fame. That Henry Bromfeld, Metaphor Chafs, Wiliiam Names of per-
Nickols, Benjamin Kimball, Leonard Far-well, OliverTaylor, John *"«"* incorpor*.

'L. Ttittle,

. ^44 ■ W-NrON TURNPIKE. -March 2, An. 1 804;

i. Tuttkt Joel Hofmeff Jonas Lee^ Flint Davis, John Egartoni
■Ivory Longley, John Kelfey, Thomas Parker , Abraham Peircef
Jofiah HartHiJell^ Luke J^f'yh -^''^^ Phelps, Enoch Kendall, and
, Samuel Chafe, and luch other perfons as ilial'i aflb'ciate with
thexn, their fucceffors and affigns, Ihall be, and they heret)y are
'made a Corporation, by the name of The Union Turnpike Cor-
poration ; ^nd by that name fliall be, and hereby are made capa-
ble in law, to fae and be fued, plead and be impleaded, defend
^ and be defended, in any Courts of Pvccord, cr any other place
-whatever ; and alfo to make, have and ufe a common feal, and
..the fame again at pleafure to break, alter and renew; and alfo
to ordain, eftablifli and put in execution, fuch rules> regulations
.and bv-laws, as to them iKall appear neceffary and convenient
1 for the government of faid Corporation, and the prudent man-
agement of their affairs, for the purpofe of making and keeping
in repair a turnpike road, from where the Cambridge and Concord
Turnpike Road terminates, in Cowo.'y/, in the moft convenient and
dire6: route, to the place where the Fifth AL!j[achuJdtsT\iTn^'\kQ.
. Road terminates, in Leornniflcr ; pi-ovidetli'nch rules, regulations
and by-laws fliall not be repugnant to the Conftitution and laws
cf this Commonwealth; and that faid Co ■• oration fliall always
be fubjeiSt to the rules, regulations, limitations and reftriclions
Committee to hereinafter provided : And Hugh M'Lellan, Elq, of Colerain,
lay out the Ijaac Gregcryy Efq. of Royaljlon, and IVilliani Hildreth,, Efq. , of
road. X>rac«^, are hereby conftituted and apipointed a Committee to

. loqate and eftablifh the fame, which locating Committee fhall
affini the places on faid road where the gates fliall be erecled.
Sect. 2. Be it further enacted. That iaid Corporation may
Corporation purchale and hold any land over which faid road fliall be lo-
may hold land, ^ated ; and the Juftices of the Courts of General Seflions of the
7.t-^^^^ Ml Peace of the feveral counties through which faid road fliall pafs,
fuch as may fae are hereby authorized, on application from laid Corporation, to
taken. \^y out fiiid road, or any part thereof v/ithin their refpective

jurlfdicVions, in the fame route v/here faid Committee fhall
locate and eftabiiih the fame : And faid Corporation fhall be
holden to pay all damages which may arife to any perfon by
taking his or her land for fuch road, where the fame cannot be
obtained by mutuil agreemeni:, to be eftimated by a Committee
appointed by faid Court,, in the county where fuch damages
fhall arife, upon application of the party who may lafl:ain fuch
damage, for that purpofe, fiving to cither party the right, of
having the damac;e eftimated by a Jury, according to the law
vvhich makes provifion for the Tecovery of damages arifing frorri
laT^ing out public highways : Provided, Thrtt whenever an excels
of damages fliaUbe'aflt-ili^d, tlie. cxpeufes faall be paid by faid
. Corporat'ori.

Sect.

Union turnpike. March 2, An. 1 804. 345

Sect. 3. Be it further enacted, That faid turnpike road (hall

be laid out of iuiiicient width hi every part thereof for the ac- ..^., , . .

, , ^ , ... . ^ '. '^ , f. , Width of the

commodation of the pubhc, not lels in any part thereof than road.

four rods wide, and the path for travelling fliall be made by-
laid Corporation not lefs than twenty-four feet wide in any
place: And when faid turnpike road ihall be luiEciently made,
and fo approved and accepted by a Committee appointed by the
Court of General Seffions of the Peace in the feveral counties
through which laid road fhall pafs, each Committee to accept
that part of faid road which (hall be within their own county,
then faid Corporation may, and are hereby authorized to ere£t
tifro turnpike gates on faid road, in iuch mantier and place as
the (^lid Committee lh;dl judge necelTary and convenient for
•colledting the toll, fo th.it (aid gates be not erefted on any old
travelled road ; and (hall be entitled to receive of each traveller
or paffenger, at each of faid gates, the following I'ates of toll,
viz. For every coach, chariot, pl^aeton, or other four-^wheel
carriage, for the conveyance of perfons, drawn by two horfcs, "* °^°^'
twentyjive centSt and for each additional horfe, three cents ; for
every curricle, twenty cents ; for every chaile, chair, fulkey, or
other two-wheel carriage, for the conveyance of perfons, iiuelv^
tin J an half cents ,- for every waggon or cart, drawn by two oxen
or horfes, iivelve and an half cents, and for every additional horfe
or ox, three cents ; for every cart or other wheel carriage, drawn
by one horfe, eight cents ,■ for every fled or fleigh, drawn by two
oxen or horfes, ten cents, and for every additional horfe or ox,
two cents ;• for every lied or fleigh, drawn by one horfe, fx
•cents } for every man and horfe, fx cents ; for every horfe,
mule or afs, led or driven, beiides thofe in teams and carriages,
three cents each ; for every ox, befides thofe in teams, and other
neat cattle, one cent each 5 for all fheep or fwine, three cents by
the dozen, and in that proportion for a greater or lefs number :
Provided, That nothing in tiiis Act (hall extend to entitle
faid Corporation to demand or receive toll of any perfon who
fhall be palling with his horfe or carriage to or from his ufual
place of public worfliip, or with his horfe, t«am or cattle, to or
from his common labour on his farm, or to or from any grift-
mill, or on the common or ordinary buiinefs of family concerns
within the fame town in which he lives or reddes, or from any
perfon palling on military duty : Provided alfo, That not more Provlfo re«
than half the toll before mentioned, fhall be paid for any cart ^P^;^i"g t^«
or waggon, the fellies of the \vheels of which fhall be not lefs ^vhcda,
than lax inches broad ; and that the General Court may here-
after regulate the toll on carts and waggons, accordinp- to the
width of the fellies of the wheels on which they Ihall run, and
the burthens they fhall carry.

Sect.
Vol. Ill, 2....1T

346 UNION TURNPIKE. March 2, An. 1 804.

Sect. 4. Be it further' enacledy That if faid Corporation, or
their toll-gatherer, or others by them employed, fliall unrea-
fonably delay or hinder any traveller or paffenger at the toll-
gate, or (hall demand or receive more toll than is by this Act
eftablilhed, the Corporation (hall forfeit and pay a fum not ex-
u'^hS^trlvd-Ceeding ten dollars nor iefs than two dollars, to be recovered
iJs. before any Juftice of the Peace in the county where fuch injury

How the fine fhall happen, by any perfon fo injured or defrauded, in a fpecial
is to be recov- aclion on the cafe ; the writ in which ihall be ferved on Hud
«*■«'!• Corporation, by leaving an attefted copy of the fame with the

Treafurer or Clsik of faid Corporation, at leaft feven days
before the trial -, and the Treafurer or Clerk of faid Corpora-
tion, or any individual member, fliall be allowed to defend the
fame fuit in behalf of faid Corporation : And the laid Corpora-
tion fhall be liable to pay all damages that fhall happen to any
perfon from, whom toll is demandable, which fliall arife from
defect of bridges, or want of repairs on faid road ; and fliall
alfo be liable to be prcfented by the Grand Jury for not keeping
the fame in good repair.

Sect. 5. Be it further enacled. That if any perfon (hall cut,
-, . . f -or break down, or otherwife dellroy or injure faid gate ov gates,
\n\m\!^^ road' or (hall dig up or carry away any earth, or other materials, from
&c., forcibly fl^iJ road, or fliall place or leave any obftruaion in faid road,
paffing gates, ^^ -,^ ^^^ other manner unreafonably damage the fame, or fliall
ivading toll. rQr(-|.jiy p-ifs^ 01- attempt to pafs by force faid gate or gates, without
firft having paid the legal toll, fuch perfon (hall forfeit and pay a
fine not exceeding Jifty dollars nor Iefs than jive dollars, to be
recovered bv the Treafurer of faid Corporation to their ufe, in
an adion of trefpafs : If any perfon with a carriage, team,
horfcs, cattle,' or other tollable articles, fliall turn out of faid .
road to pafs the turnpike gate or gates aforefaid, and again enter
on faid road, with an intent to avoid the toll eftabliflied by this
Ac% fuch perfon fliall forfeit and pay a fum not exceeding ten
dollars nor Iefs than tivo dollars, to be recovered by the Treaf-
urer of this Corporation for their ufe, in an adion of trefpafs on
the cafe : Provided, That no perfon Avail be liable to pay damage
. Zi aforefaid, for travelling on the nrefiut road, notwithftanding
fome part of the fame roiid may be taken for the turnpike road
aforefaid : And if the fiid turnpike road, or any part thereof,
fliall be fuffered to be out of repair, the Jufl:ices of the Court of
Common Pleas, or a major part of them, or a Committee by
them appointed for that purpofe, in the county where fuch
want of repair fliall be, may, upon complaint being made to
them in writing, caufe the Clerk or Treafurer of faid Corpora-
tion, or anv principal member thereof, to be ferved with a
written notification thereof, at leafl: feven days before the time
of hearin-^ by fuch Juftices or Committee, who may upon fuch
° bearmg

•re

UNION TURNPIKE. March 2, An. 1 804. 34/

hearing order luch gate or gates to be fet open, and no toll
demanded or taken thereat until laid Jurtices or Committee
Ihall grant liberty therefor.

Sect. 6. Be it further emBedy That the (hares in faid turn- ^
pike road Hiall be confidered as perfonal effate to all intents and frej"p""^„";i
purpofes, and fivall be transferable by deed, duly acknowledged eftate, & mo'd«
before any Juilice of the Peace, and recorded by the Clerk of of transfer &
faid Corporation in a book to be kept for that purpofe : And ''"^' JlJ^^J'
whenever fuch fhare {hall be attached on meftie proctfi, an at- ''^ * '
tefled copy of fuch procefs fiiall be left, at the time of the at-
tachment, with the Clerk of fnid Corporation, otherwife the
flime fliall be void ; and fuch (hares may be taken and fold by
execution in the fame manner as other perfonal eftate ; aiid the
officer, or judgment creditor, leavinu; a copy of fuch execution,
with the return thereon, with faid Clerk, within fourteen days
after fuch file, and paying for recording thereof, ftiall be deem-
ed a fufficient transfer of the fame.

Sect. 7. Be it further eiiaBed, That whenever any Pro-
prietor fliall neglect or rcfufe to pay any tax or airelTment, duly
voted and agreed upon by faid Corporation, to their Treafurer,
within fixty days after the time fixed for the payment thereof,
the Treafurer of faid Corporation is hereby authorized to fell at shares of delln-
public vendue, the ihare or {hares of fuch delinquent Proprie- *l'j^"'* "'^y ^
tor, one or more, as {hall be fufficient to defray iaid taxes and **
necelTary incidental charges, after duly notifying {viid delinquent
Proprietor or Proprietors, in luch manner as laid Corporation
fliall agree upon, of the fum due on luch ihare or {Irares, and
of tlie time and place of fale, faid notice to be at leafc thirty
days before the time of fale ; and luch lale Ihall be a fufficienr
transfer of fuch (liare or fnares to the perfon or perions who
Ihall purchafe the fame ; and on producing a certificate from
the Treafurer to the Clerk of faid Corporation, the name of
faid purchafer, with the number of ihares fo purchafcd, fliall be
by the Clerk entered on the books of faid Corporation, and
fuch purchafer ihall be confidered to all intents and purpofes
the Proprietor thereof; and the overplus arifing from liich fale,
if any there be, (liall be paid on demand, by the Treafurer, to
the perfon whole Ihares were fo fold.

Sect. 8. Be it further ciiucted, That John L. Tutiie, Meta- Perfons ait-
i)hor Chafe, and Jjhii Ii<'jrtoii, or a majoritv of them, be, and they therizedtocalf
lioreby are authorized to call a meeung or laid Lorporr.tion,, at ■
fuch time and place as they may think proper, by giving notice
thereof in the Independent Chronicle^ pubiuiied in B^ftQ'h '^"^ leall
ten days previous to the time appointed for faid meeting, for the
purpofe of choofing a Clerk, who firall be {v.orn to the faithful
difcharge of his truft, and fuch other officers as (hail be then,
and there agreed u^jon by faid Corpcration, tor the re^^uLir

coadu«i..ing

348 UNION TURNPIKE, March 2, An. 1 804.

conducting the concerns thereof; and may alfo agree upon fuch
mode of calling future meeiings as they fliall judge proper -^
and each Proprietor in feid turnpike road, by himfelf or his
agent duly authorized in writing, fhall have a right to vote in •
all meetings of faid Corporation, and fliall be entitled to as
many votes as the faid Proprietor has iliares in the fame :
.Provided, That no individual Proprietor fhall be entitled in any
cafe to more than ten votes.

Sect. 9, Be it further enaEled, That faid Corporation fhall.

Statement of within fix months after faid road is completed, lodge in the

receipts & ex. ^fg^-g Qf j]-^g Secretary of this Commonwealth, an account of

be cxhibhed. '^ *^^^ expenfes thereof ", and that faid Corporation fhall once in

three years exhibit to the Governor and Council, a true account

of the income or dividend arifmg from faid toll, with the necef-^

fary annual expenfes of keeping faid road in repair ; and that

the books of faid Corporation fliall at all times be fubje(5t to th&

infpedlion of a Committee to be appointed by the General Court,

or to the infpedtion of the Governor and Council when called

for.

Sect. 10. Be it further enaEiedy That faid Corporation be^

and it hereby is empowered to com.mute the rale of toll with

^M° ""^^^ v^'^'^y perfon, or with the inhabitants of any town through which

commuted. ^ ^^^'^ ^'^^^ "^^7 P^^^' ^7 taking of him or them any certain fum

annually, or for a lefs time, to be mutually agreed upon in lieu

cf the toll eftabliflied in and by this kdi.

Sect. ii. Be it further enacfedy Ti-at faid Corporation fliall,,

A Cgn-board at the places where faid toll is to be collt-i^led, ereft and keep

to be eiedtd. confcantly expol'ed to view, a flgn or hoard, with the rates of

toll of all tollable articles fairly written thereon in legible char-r.

aclers.

Sect, i 2. Be it further enaUed, That faid Corporation be,;^
Money may ^^^ \x. hereby is authorized to grant monies to fuch perfons as

be granted to j^ g rendered fervices to the Proprietors in exploring the route

certaui perlons. . . . , ., , , .^ ■ * ,, r • '

of laid turnpike road, or otherwiie, previous to tne Act or m-.

corporation : And faid Corporation is hereby authorized to

purchai'e and hold other real efrate, adjacent to, and for the

accommodation of the faid road, to the am.ount ol fifteen thoufand.

dolhrs.

iSect. 13. Be it further enaclid. That the General Court may

^r^Siffolv- <iiifolve faidCorporation,whenever it ihall appear to their fatisfac-

ed when thetion, that the income arifing from the toll ihall have fully coan-

membtrs are penl'ated the Proprietors for all monies they may have expended.

indccinificd. -^^ purchaf>ng, making, keeping in repair, and taking care of

faid road, together with an intereft oi i-uMflve per centum by the

year; and thereupon the property of faid road fhall be vclted

in this Commojiwealih, and be at th.eir cUlpcfal : Provided hoiVT

gvsr, That if faid Cc-rporation fnail neglect to complete faid

turnpik<i

WINDHAM CONG. FUND. March 2, An.iSo^. 34}

turnpike road, for the fpace of four years from the date of this
AtSt, the fame Hiall be void and of no effect.

Sect. 14. Be it fu'rther enaBed, That the gates which may
be erected on the faid turnpike ihall not be within ten miles of
each other.

[This Aa pafled March 2, 1 804.]

An ACT eftablifliing a Fund for the Support of the
Congregational Minlfter in the Town of Windham,
in the County of Cumberland^ and appointing Truf^
tecs for the Management thereof,

^ TiE it enaFied by the Senate and Hcufe of Reprefentn- incorporating

bECT. I. £y tives, in General Court ajpinbled, and by the author- claufe.
ity of the famey That Paul Littlcy Efq. Dr. James Paine^ J°J"l^
Chutey Thomas Craigue, Abraham Anderfon^ Paul Little, jun. and
Jo/iah Webby be, and they are hereby conftituted a Body Poli-
tic and Corporate by the name of 77.^- Truflecs of Windham Min-
ijlerial Fund ; and they and their fucceflbrs ihall be and con-
tinue a Body Politic and Corporate by that name forever ; and
they fnall have a common feal, fubje«5t to be altered at their
pleafure ; and they may fue and be fued in all a^lions, real,
perfonal and mixed, and profecute and defend the fame to fi-!
nal judgment and execution by the name aforefaid.

Sect. 2. And be it further enacfedy That faid Truftees and
their fucceiTors ihall and may annually ele<St a Prefident, and ^"'j'^^"*'
Clerk to record the doings and tranfadtions of the Truflees at ^f^^^ ^^ ^^^*^
their meetings, and a Treafurer to receive and apply the mon- kded.
ies. hereinafter mentioned as hereinafter directed, and any oth-
er needful officers for the better managing of their bufinefs.

Sect. 3. And be it further euaElcdy That the number of Number of

Truftees ihall not vit any one time be more thsn feven nor kfs Truftees limit-

than five, any five of their number to conftitute a quorum for cd, empowered

r r,- \ n r 11 n ii 1 r • to fill vacaR.

tranladtmg bulmels j and they Ihali and may, Irom tuTie to ^.j^g^ ^ic,

time, fill up vacancies in their number, which may happen by
death, refignation or ptherwife •, and alfo have power to re-
move any of their number who may become unlit and incapa-
ble from age, iniirmity, mifconduct, or any other caufe, of dif-
charging their duty, and to fupply a vacancy fo made by a new
choice from the members of faid Congregational Society :
And faid Truftees fnall annually hold a meeting in March qx;
Aprily and as much oftener as may be touvid necelTary to tranfr
act their neceflary bufinefs •, which meetings, after the firfl,
(hail be called in fuch way and manner as the Truftees fhaU
Jiereafter dire(5^,

§ECT,

350 WINDHAM CONG. FUND. March 2, An.1^04.

Sect. 4. ^nd be it further enaBedy I'hat the Clerk of faid
Clerk t« be Corporation, who Ihall be a member thereof, and fhall be

fworn, & his _ ^ . ' ,/-.,--,

duties prefcrib- Ivvorn in the lame manner as town omcers are, to the faithtul
ed. performance of the duties of his office, ihall have the care and

cuftody of all papers and documents belonging to faid Truftees,
and Ihall carefully and fairly record all their votes and pro-
ceedings in a book kept for that purpol'e, and fliali certify the
fame when thereunto required ; and he (hall call meetings
when thereto direiVed by laid Truftees, and do whatever elfe
may be incident to. laid office j and he fhall deliver up to his
fucceffi^r in office, as loon as may be, all the records, papers and
documents in his hands, in good order and condition ; and if
he Ihall negledl fo to do, for the fpace of thirty days next af-
ter fuch fucceiTor fhall be duly appointed, he fhall forfeit
and pay a fine offfty dollars^ and the further fum of thirty doU
lars per month for fuch negledl afterwards.

Sect. 5. And be it further enacled^ That the Treafurer of
Trcafurer to ^^jj Truftees fliall be the receiver of all monies and effedts
hiJ duties pre- ^^^» owing, and coming to them, and may demand, fue for,
kribcd. and recover the fame in their name, unlefs prohibited bv

them -, and he fhall have the care and cuflody of all the mon-
ey and effects, obligations and fecurities for the payment of
money and other things, and all evidences of property belong-
ing to faid Truflees, and be accountable to them therefor, and
Ihall difpofe of the fame as they fhall order and dire£l ; and
fhall render an account of his doings, together with a fair and
regular ftatement of the property and evidences of property in
his hands, whenever they fliall require the fame to be done ;
and he fhall deliver up to his fucceflbr in office, as foon as may
be, all the books and papers, property and evidences of prop-
erty in his hands, in good order and condition ; and fhall give
bond to faid Truftees and their fucceffors, with fufficient fure-
ties, to be approved by them, in the penal fum oi five thoifand
dollars^ conditioned to do and perform all the duties incumbent
en him as their Trealurer ; and if he fiiall fail to deliver up
the fame as aforefaid, for the fpace of thirty days next after
fuch fuccelTor fhall be duly chofen, he fiiall forfeit and pay a
fine of ffty dollars^ and the further iiim of thirty dollars per
month for fuch failure or neglect afterwards.

Sect. 6. And be it further enacted^ Tj»at it fhall be the duty

Fund to be put of faid Truftees to ufe and improve fuch fund or eftate as fhall

the manner^di? ^^ vefted in them by this Act with care and vigilance, fo as bcfl

reded. to promote the defign thereof", and ffiall always loan upon iii-

terefl all the money belonging to faid funds, in fuch lums and

for fuch term of time, not exceeding one year, as tliey ffiall

think proper, upon the bond or note of the borrower, with a

mortgage of real eflate to three times the value of the fum

loaned.

WEST-BOSXaN BRIDGE. March 2 y An.i'^o^. 351

loaned, as collateral fecurity for the re-payment of the prin-
cipal fum, with intereft annually till paid ; and faid Truf-
tees (hall annually pay over the intereft arifing from l^iid fund
to the fettled Congregational Minifter in faid town, for his
falary ; and fo long as faid Congregational Society fliall re-
main without a regular ordained Minifter, the annual intereft
aforefaid Ihall be put out at intereft^ and fecured as aforefaid,
to increafe the faid fund, until there be a re-fettlement of a
Minifter ; and it Ihall never be in the power of faid Congre-
gational Society to alienate or in any wife alter the fund afore-
faid.

Sect. 7. And be it further enaBedy That faid Truftees may TruftecstojIVe
alienate, by good and fufficient deeds in law, any real eftate, deeds.
the title whereof fliall be vefted in them byway of mortgage,
or by operation of law.

Sect. 8. And be it further enacledy That the Truftees, or

their ofRcers, for the fervices they may perform, fliall be en- not to be

titled to no compenfation out of any monies arifing from the paid from the
fund aforefaid ; but if entitled to any, fliall have and receive *""''•
the fame of faid Congregational Society, as may be mutually
agreed on.

Sect. 9. And be it further enacied^ That faid Truftees and Annual ftate-
their fucceftbrs fliall exhibit to faid Congregational Society, at ment to fcc
their annual meeting in March or Aprily a regular and fair ^'^^^^'
jftatement of their doings.

Sect. 10. And be it further enaBedy That faid Truftees and
each of them fl^.all be refponfible to faid Congregational Soci- Truftees ro
ety for their perfonal negligence or mlfconducc, whether they ^°"' ^'
be ofiicers of faid Society or not, and liable to a fuit for any
lofs or damage arifing thereby ; the debt or damage recovered
in fuch fuit to be. for the ufe aforefaid.

Sect, i i . ylnd be it further enacted. That Paul Litthy
Efq. be, and he hereby is authorized and empowered to fix the Flrft mectinj»
time and place for holding the firft meeting of faid Truftees,
and to notify each Truftee thereof.

[This Aa: pafl'ed March 2, 1804.]

An ACT in addition to an Acl, entitled, " An Ad
for incorporating certain Perfons for the Purpofe
of building a Bridge over Charles River, from the Marth2,i7fa.
wefterly Part of Bojion to Cambridge y and for ex-
tending the Intereft of the Proprietors of Charles
River Bridge for a Term of Years.**

T)E it enacted by the Senate and Houfe of Reprefentativesy in
•*-' General Court cjpmbledy and by the authority of the famCy
That it (hall be lawful for the Proprietors of the Wejl-Boflon

Bridge,

352 N. GLOUC. CONG. FUND. March 3, An. 1 804*

Bridge, and they hereby are authorized and empoweredj td
make the leave's of the draw directed by an Ad!, entitled, " An
A£t for incorporating certain perfons for the purpofe of build-
ing a bridge over Charles River, from the wefterlv part of
Bojlcn to Cambridge, and for extending the intereft of the Pro-
prietors of Charles River Bridge, for a t6rm of years," to be;
erefled and kept on faid Bridge, twenty-eight feet long, in-
iftead of forty feet : Provided, That the width of faid draw
fhall at no time be reduced.

[This Aa pafled March 2, 1804.]

An ACT to authorize the Sale of the Lands referved
for the Ufe of the Miniflry^ in the Town of New-
Gloucejiery and to appoint Truflees to manage the
Funds which may be raifed therefrom.

WHEREAS the Congregational Society in the town of
New-Gloucejier have petitioned for leave to fell the
lands in faid town which were, in the original grant of the faid
town, appropriated for the fupport of the Miniftry, and to veft
the proceeds of the file in funds to be appropriated and ap-
plied to that purpofe :

Sect, i* Be it enacted by the Senate and Hotife of Reprefenta"
fives, in General Cou7't ajfembled, and by the authority of the fame.
That the Firfl Congregational Society in the town of NeiV'^
Gloucefxer, in the county of Cumherlaud, be, and hereby are au-
, , thorized to fell the lands which were in the original grant of

fold * ancl a ^'^ ^'^^*^ townlhip, being a fixty-third part, referved for the
miui'fterialfund fupport of the Miniitry in the faid town, and to inveft the pro-
formed, ceeds of the fale of faid lands in funds, which fliall be exclu-
lively appropriated and applied to the fupport of a Minifter in
the fai.i Firft Congregational Society forever : And the mon-
ies ariUng from the faid fale fhall be put out on intereft, and
the intereft accruing thereby applied in the manner herein-
after directed.

Sect. 2. And he it further enacted. That Ifaac Parfons, Na-
thaniel Coit Allen, and Ezekiel Whitman, Efqrs. MeiTrs. Andrew
Campbell, J'abez CufJiman, Enoch Fogg, and Ifaac P.irfons, jun*
be, and they are hereby appointed Truftees for the prudent
care and management of the faid fund ; and for that purpofe
fhall be a Body Corporate and Politic by the name of The Truf-
tees of the Congregational Fu?id in Nenv-Gloucfler ; and they and
their fucceiTors by the fame name may fue and be fued in all
actions, real, perfonal or mixed, and may profecute and defend
the fame to hnal judgment and execution ; and Ihall have and
keep a common leal, fubject to be changed or altered at their

pleafure ;

Truftees.

N. GLOUC. CONG. FUND. March ^, An.iSo4, 353

pleafure : And the fliid Trnftees and their fucceflbrs may and

{hall annually elecfl a Prefldent, and a Treafurer to receive and p^^^j-^ ^^ .

apply the monies herein mentioned as is hereafter directed j ckrk.

and alfo a Clerk to record the doings of the faid Truftees, and

for which purpofe a book or books (hall be from time to time

provided and kept.

Sect. 3. And he it further encSfed, That the number of j^^j^i^^j. ^£
faid Truftees (hall never at any one time exceed feven, nor be Tmftees.
lefs than five, and any five of their number iliall be a quorum
for tranfacling bufinefs j and they ihall have power, from time
to time, to fill up vacancies in their number, which may hap-
pen by death, reiignation, removal, or otherv/ife, from the
members of the faid Congregational Society ; and (hall alfo
have power to remove any of their number who, through age,
infirmity, mifcondu^l:, or from any other caufe, fliall become
unfit or incap^'ole of uiicharging their duty, and to fupply any
vacancy fo made by a new choice from the Society aforefaid :

And the faid Truftecs (liall appoint a flay in the month of - ,

, ., c \ I 1 1, 1 Annual mect-

Ai)rit tor the annual meetmg, and may call other meetmgs as ino-s.

often as may be found necefTary to tranfadt their bufinefs j

which meetings, after the firil, Ihall be called in fuch way and

manner as the faid Fruftees Ihall direct.

Sect. 4. And be it further enaBcd, That the faid Truftees Truftces ta
be, and they are hereby authorized to fell and convey, in fee fell land, and
fimple, all the faid lands appropriated for the ufe of the Min- Treafurer to
iftry belonging to the faid Congregational Society ; and the ^'^^
Treafurer of the faid Corporation, by the direcflion of the faid
Truftees, is hereby authorized to make, execute and acknowl-
edge a good and fufficient deed or deeds, with the feal of the
laid Corporation allixed thereto ; and any deed or deeds fo
made fhall be binding on the faid Truftees and their fuccelTors,
and ihall be valid and effectual in law, to convey the fee iim-
ple from faid Society to the purchafer, to all intents and pur-
pofes whatfoever.

Sect. 5. .-hiu be it further enacled, Thnt the monies arifing
from the fale of the faid lands fliail be put at intercft, as foon put"aTinterefL
as may be, and fecured by mortgage on real eftate to the full
value of the el^ate fold, or by two or more fafficient fureries,
with the principal, unlefs the Truftees iLaU think it befl to in-
vert the fame in public funded fecurities, or bank flock, which
they fliall have power to do, whenever, in their opinion, it
v/ill be mofl for the interefr of the faid Society : And a fum
equal to one half of the intereft arifing from the faid capital,
for the firit year, ihall be annually appropriated out of the
fame, towards the difchargc of the falary of the Minifter in
the faid Congregational Society j and the refidue thereof, with

the

Vol. hi. 2,.,.\Y

354 N. GLOUC. CONG. FUND. March 3, An. 1804.

the principal, put at intereft, whereby to produce an accumu-
lating fund ; and the Tame fliall continue fo accumulating un-
til the intereft annually ariiing on the principal ihail be equal
to four hundred ddutvs, when the intereft ihall be annually ap-
plied to the difcharge of the falary of the faid Minifter.

Sect. 6. And be it finther enaBcdy That the faid fund Ihall

Appropriation always be held and deemed to be unalienable, and ihall never

of fund ; and ^g ufed 01* applied to any other purpofe than the fupport of a

of Trullccs. Minuter in the laid Congregational oociety : And tne laid

Truftees, their officers, agents or attornies, Ihall never receive

any compenfation for any fervices performed by virtue of this

Aft, from any part of faid fund -, but if entitled to any, fhall

receive the fame by a fpecial grant voted by the faid Society

for fuch fervices, or as may be mutually agreed on by iuch

perfons fo employed and the faid Truftees.

Sect. 7. And be it furtJ?er ennttcd, That it fhall be law-
Amount of ful for the faid Society to poffefs and hold, in fee limple, real
property al- or perfoiial eftate to the amount of twenty thoufand dollars ; and
lowed to be £qj. j.j^^j. purpof^ may receive and hold donations and legacies,
by gift, grant, devife, bequeft, or otherwife, monies, public fe-
curities, lands, tenements, or other eftate, real or perfonal,
which lliall be added to the capital of the fund aforefaid ; and
fha'l always be fecured, held, and applied to the fole and ex-
clufive fupport of the Miniftry in the faid Congregational So-
ciety, in the fame way and manner, and fubjeft to the fame
regulations, limitations and fccurity, as is provided in the lixth
Provlfo. fcclion of this Act : Provided ho-xuevcr, That the annual income

arifing from the whole accumulated property of the faid Con-
gregational Society ftiall never exceed twelve hunared dollars.
Sect. 8. And be it further enacfedy That the faid Trea-
Treafurer to furer fliall give bond to the faid Truftees for the faithful per-
givc Loud. formance of his duty, and fliall be at all times refponftble for
the fecurity, and for the true and faithful application of the
monies whicli may come into his hands, conformably to the
true intent and fpirit of this Ael, and for all negligence or mif-
condudf in his oiiice : And the faid Treafurer and the Truf-
tees, and their fucceflbrs, ihall exhibit to the faid Society at
their annual meeting in the month of Apt il, a fair and regu-
lar ftatement of all their doings.

Sect. 9. And be it furthtr etmElcdy That in cafe the whole
C'fe of income of the annual income and intereft fliould be more than fuffi-
exceeding nun- (. jj^j-H- {^Q p^y. ^]-^g ^^}^j.y. Q^ ^\^^ Minifter for the time being,
utcf s ii-ry. agi-eeiibiy ^-^ ^^^e contract with him, then the furplus Ihall be
added to the principal, until the intereft and income fliall
».mount to tivelve hundred dollars yearly ; unlefs faid Society,
at a legal meeting called for that purpofe, fliall otherwife ap-
propriate faid furplus for the payment of other parilh charges,
which they are hereby authorized to do. .

Sect.

PATUCKET CANAL. March 3, An. 1804. ZSS

Sect. 10. And be it further ctiaHedyTh-xt Peleg Chandler^
jun. Efq. is hereby authorized to ap