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

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LAWS 

OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED AT 

SEVERAL SESSIONS 

OF THE 

GENERAL COURT, 

HOLDEN IN BOSTON. 



^tTBLISHED AGREEABLY TO A RESOLVE PASSED IN 
FEBRUARY, i806. 




^ 4;BR^v-"^,*^ 




y^ ■. ^..^l-J ^ E,^^ ^-J^ :J 



^Boston : 

PRINTED BY YOUNG & MINNS, 

PRINTERS TO THE STATE. 






LAWS 



PASSED AT THE SESSION COMMENCED ON THE 
TWENTY-NINTH OF MAY, 1805. 



'■.^■Z^Q^:^:-5G^^%W'iS:^c^<^ 



DARTMOUTH BRIDGE, June 14, An. ISOo. 

An art to authorize Henry Tucker and his associat(?s, 
to build a bridge over a Salt Creek, a branch of Ap- 
poneganset River, in the town of Dartmouth. 

BE It enacted bif the Senate and House of Represenia' 
t'rces^ in General Court assembled, and btf the an- 
thority of the same. That Henry Tucker, and such others 
as have or may hereafter associate with him and them, be, 
and they are hereby permitted to build a bridge over a salt- 
water creek, which is a branch of the river called Appon- 
f ganset, in the town of Dartmouth, in the county ot Bris- 
tol : Provided, that the said bridge shall always be free, 
and no toll shall ever be demanded of any passenger f(jr 
passing the s^me, 

[This act passed June 14, lS0v5.] 

An act to incorporate a number of the inhabitants in the 
town of Fitchbarg, in the County of Worcester^ into 
a religious society, by the name of the " llie Cahinist- 

, ic Congregational Society in Fitchburg?^ 

WHEREAS the congregational church in Fitchbur^, 
lately under the pastoral care of the Jleverend 
Samuel Worcester, now under that of the Reverend Titu? ^^«*'"^'•• 
T. Barton, together with those Avho meet with said church 
for the worship of God, have petitioned this Court to be 
incorporated into a distinct religious society, for the rea- 
sons expressed in their petition, and it appearing reasona- 
ble to this Court tliat the prayer thereof be granted : 

Sect. 1. BE it therefore enacted by the Senate ajid 
House of Representatives, in General Court assembled, and 
by the authority of the same. That the church aforesaid, 

and 



CALVINISTIC SOCIETY, 



June 14, An. 180^, 



ty. 



«b'i°sT*'^*^^"* and such inhabitants of the town of Fitchhurg, as meet 
with them for the worship of God, with their polls and 
estates, be, and hereby are incorporated into a society, by 
the name of " The Calvinistic Congregational Societij in 
Fiic/ib?ug" with all the powers, privileges and immuni- 
ties which other religious societies in this Commonwealth 
are entitled to by law, they paying the taxes that have al- 
ready been assessed upon them for the support of public 
worship. 

Sect. 2. Be it further enacted^ That any of the in^. 
j^g^ ^0 :j,;„ ^r habitants of the town of Fitchburgy who may desire to 
leave this socie- join Said society, shall have full liberty thus to do, at any 
time previous to the first day ofJanuaiy, one thousand 
eight hundred and six ; provided they signify, in writing 
under their hand to the clerk of the said society, their wish 
and determination of being considered as members of said 
society ; and they shall accordingly be recorded as such by 
the clerk of the said society : And any member of said so- 
ciety shall have the right to leave the same at any time be- 
fore the first day of January, one thousand eight hundred 
and six, by leaving a written determination with the clerk 
of said society, whose duty it shall be to record the same, 
and such member shall thence afterwards be considered a 
member of the society to which he originally belonged. 

Sect. 3. Be it further enacted^ That if any person who 
may hereafter settle within the limits of said town, shall 
be desirous to join the society aforesaid, he shall have full 
liberty to do it any time wnthin twelve months from his 
settlement in the town, by signifying bis determination of 
the same in the manner pointed out in the second section 
of this act. 

Sect. 4. Be it further enacted. That all young persons 
may come of within the limits of the town aforesaid, when they become 
'^®* twenty-one years of age, shall have full liberty, at any 

time within twelve months after they become twent}"-one 
years of age, to join, with their polls and estates, either of 
the said societies, by signifying their determination in writ- 
ing to the clerk of the society they may desire to join. 

Sect. 5. Be it further enacted^ That Joseph lox, Esq. 
or any other justice of the peace in the county of Worces- 
ter, be, and he is hereby authorized to issue his warrant, 
directed to some member of the said Calvinistic Congrega- 
tional Society, requiring him to warn the members of the 
jaid society,^ qualified to vote in parish affairs, to assem- 
ble 



provision for 
persons who 
may hereafter 
settle in Fitch- 
burg. 



cfr *ho 



COTTON MANUFACTORY. June 14, An. 1805. i 

ble at some convenient and suitable time and V^(^^ ^"^^oT^ 
shall be expressed in the said ^va^ra^t, to choose sucnoffi. .h ofHcer. 
:trs as pakhes are, by law, r.quned to cko-e ^^^^^^^^^^^ 
month of March or April annually ^^^^ "^^^ '^\ 
other matters and thmgs necessary tor the ^Aell bemg ot 

the said society. ^a ^fin^l 

[This act passed June 14, lb05.J 

An act to encourage the establishment of a Coifon Manu^ 
factor If iii the town of Rehobotn. 

BE .V enacted by the Senate and House of Representa. 
tives, in General Court assembled, and bu the au- 
tliority of the same, That all the baildiiigs which are or 
may be erected- within said town of Rehoboth, by Lliphdet 
Slack, Oliver Starkweather, Ebenezer T^yler the 2d' ^.U- 
jah Ingraham and others, for the purpose of establish mg 
i cotton manuiactory in said town, ^^^^^ / ^ oTroTtot 
and stock to be employed in the J^^^^^^-^f ^X^^^^.~; 
be, and they are hereby exempted from taxes of eve y 
kind for and during the term of five years, from and atttr 
the passing of this act, and no longer, 

[This act passed June 14, 1S05.] 

^ i 

An act to determine the time of hoMmg the Co,,^^ o/ 
General Sessions of the Peace, wUhm and for the 
count}^ of Hampshire. 

BE it enacted by the Senate and House of 
Representatives, in General Court as- 
sembled, and Ot, the authority of the s^wie. That from and j,,,, ,,,,., 
after the passing of this act there shall be two terms of the 
Courts of General Sessions of the Peace, holden at ^orth- 
ampton, within and for the county of Hampshire, annual, 
ly, one to be holden on the first Monday after the fourth 
Monday in August, the other on the third Monday ot 

"^^Sec?"' 2 Be It farther enacted. That all processes, 
matters, and things,^ returnable or continued to the Court 
of General Sessions of the Peace, by law to be holden at 
Northampton, within and for the county of j^^^^^^f;;:^; ^^ ^-- 
on the fourth Monday of August next, shall be returned f.rre. 
to, continued, and have day in Court, to be holden on 
4he first Monday after the fourth Monday of August next. 



6 HAMPSHIRE C— BANKS. June 14, An. 180.>, 

Sect. 3. Be it further enacted^ That all laws hereto- 
fore made to determine the time of holding the Courts of 
PornB«r jawj General Sessions of the Peace within and for the county 
* * ■ of Hampshire, be, and hereby are repealed. 

[This act passed June 14, 1805.] 



w 



An act for uniting the Merrimack and Neioburijjiort 

Banks. 

HEREAS the respective presidents, directors and 
companies of the ISlerrimack and Nevvbiuyport 
Banks, have petitioned this Court for authority to unite 
Preamble. the stocks of the Said two banks : 

Sect. 1, BE it therefore enacted bij the Senate and 
House .of Hepresentafives^ in General CourJ assembled^ 
and bif the authoritij of the same. That for the purpose ar 
foresaid the stock of the Newburyport bank may be increasr 

bur'^^rt Bank ^^ "^ ^^^ ^'"^"^ ^^ ^'■'^^ hundred and fftif thousand dollars^ 

inceased. and that the stockholders of the Meri'imack bank for the 

time being, shall have the exclusive right to subscribe the 

said sum, in proportion to the respective shares held by 

them individually at the time of said subscription. 

Sect. 2. Bo it further enacted. That the presidents of 
ime f«r new the Said two bauks may fix the time when the said subr 
a scnpuon. scj.jp|-JQjj ^\y^\\ be made, of which they shall cause public 
notice to be given in the Newburyport Herald. 

Sect. 3. Be it further enacted. That on the days suc- 
ceeding the said subscription, there shall be held, at 
such place in Neivburijpurt as shall be appointed by the 
,. 1 u t J 1 said presidents, a meeting^ of the stockholders of the said 

Stockholders' , . r i • , ^- i i ii i i 

meecmg after joint stock, at which meeting there shall be chosen nme 
subscnp- directors of the said Newburyport bank, who shall contin- 
ue in office until the first Monday in October next, on 
which day, and on the same day thereafter annually, there 
shall be a meeting of the said stockholders, and a number 
\ of directors shall be chosen, not exceeding nine, nor less 
than seven, and a majority of the directors for the time 
being shall constitute a quorum for the transaction of bu- 
siness. 

Sect. 4. Be it further enacted. That from and after 
M«rrimack the Said subscription, the president and directors of the 
nrLthe^* ^ Merrimack bank shall make no further loans or discounts. 

loans. 

Sect. 



new 



l^^ANTUCKET BANK. June 14, An. 1S05. 7 

Sect. 5. And he it further enacted. That tvhen cxe- „ . 

V J . ' , . Case of ex eeu- 

<rution shall issue upon any judgment recovered against Uon against o^ 
th(^ prt'sidt'iit, diieclors, and company of the Newbury- Jj^^^,'J'bu°^pS'* 
port bank, and shall be returned unsatisfied in the whole Bank. 
or in part, the plaintifl' may sue out a scire facias against 
such persons, who were president and directors of the same 
bank at the commencement of the original action and are 
Hving, to have execution against their goods and estate, 
and ibr want thereof upon their bodies, and execution 
shall be awarded accordingly, with customary damages 
and costs, unless the*^defendants can shew that the said 
judgment is satisfied, or that the transactions of the said 
bank have been conducted and managed with fidelity, 
prudence, and discretion. 

[This act passed June 14, 1805.] 



An act to continue in force an act entitled " an act to in- 
corporate sundry persons by the name of The President 
and Directors of the JSantucket Bank." 

c 11 E if enacted hij the Senate and House of 

fj Representatives^ in General Court as- 
sembled^ and bif the authoritif of the same^ That the act Forniai %'.^ 
entitled " an act to incorporate sundry persons by the «o»'in"'=<* 
name of The President and Directors of the Nantucket 
Bcmk^^ which passed the tw enty-scventh day of February, 
in the year of our Lord one thousand seven hundred and 
ninety-five ; also one other act, entitled " an act in addi- 
tion to an act entitled an act to incorporate sundry persons 
by the name of The President and Direcfoj^s of the Nan- 
iuchct BankJ^ which passed the first day of March, in the 
year of our Lord one thousand seven hundred and ninety- 
seven, be, and are hereby continued in full force and ef- 
fect, until the last Monday of March which will be in the 
vear of our Lord one thousand ei^ht hundred and six. 

Sect. 2. Provided hoicever^ cmd he it further enacted^ 
That from and after the first day of July next, the said Kcsinctco f.-or. 
corporation shall not issue afty bank-bills of a less denomi- Su"^ '^"'*'' 
nation \S\2i\\fve dallars, nor any intermediate bills between 
fve and fen dollars^ and thence decimally ; nor shall make 
any loan upon monies actually deposited in said bank for 
safe keeping. 



Sect. 



« OXFORD COmCTV. J-une 14, An. 1S0;5. 

Sect. S. Be it further enacted^ That the said corpor- 
Origmai a- atitTiisiiall be liable to pay to any bona fide holder, the ori- 

mount of alter- . , ^ ^ . .- • i i i ^ \ ■ 

td uoLcs to be ginal amount ot any note or said bank, altered ni the 
P^''^- course of its circulation to a larger amount, notwithstand- 

ing- such alteration. 

Sect. 4. Be if further enacted, That nothing contain- 
ed in this act shall be construed to prevent the Legislature 
be tax«d. "^^^ ^yova taxing said bank at any time hereafter, whenever 
. they shall judge it expedient. ' 

Sect. 5, Be it farther enacted)^ That the Common- 
wealth shall have a right, whenever ihe government there- 
The Stats may of shall make provision bylaw, to subscribe to, and be- 
Li thi^bankr'^ comc interested in the capital stock of said bank, by ad- 
ding thereto a sum not exceeding tliirtij thousand dollars, 
subject to the rules, regulations and provisions, to be by 
them established. 
' Sect. 6. Be it further enacted, That wheiiever the 

Money to be Legislature shall require it, the said corporation shall loan 
loaned to the ^q ^[^q gaid CoiTimonwealth, any sum of monej^ not ex- 
ceeding tzcentij thousand dollars, reimbursable at five an^ 
nual instalments, or at any shorter period, at the election, 
of said Commonwealth, with the annual payment of inter- 
est, at a rate not exceeding fve per centum.— Provided 
hoizever, that said Commonwealth shall never, at any 
one time, stand indebted to the said corporation, without 
their consent, for a larger sum than twenty thousand dol- 
lars. 

prhis act passed June 14, 1805.] 



An act in addition to an act entitled " an act to incorpo- 
rate a part of the counties of York and Cumberland^ into 
a separate county, by the name of Oxford,^^ 

^ . l^E it enacted hij the Senate and House of 

1j Representatives, in General Court as- 
sembled, and hi] the authoritij of the same. That all ofli- 
Certain official cial acts, douc beforc the first day of May, in the year of 
aets made valid. ^^ J, Lord onc thousand eight hundred and five, by civil 
and all other officers of the counties of York and Cumber- 
y land^ then living in those parts of said counties which are 
now incorporated into a separate connt}^ by the name of 
Oxford, be, and are hereby confirmed and made valid to 
all intents and purposes, as though the said county of Ox^ 
ford had not been incorporated. Sect. 



UTILE II Arbor cor. June 14, An. 1805, 9 

Sect. 9. And be it further enacted, That all business ^J^;;^"^^^,,^;^ 
commenced in the Probate Courts of the said counties of business. 
York and Cumberland respectively, before the incorpora- 
tion of said county of Oxford, shall be completed by the 
same courts, and in the same manner^ as though the said 
bounty of Oxford had not been incorporated. 

Sect. 3. Be it further enacted, That the person ap- provision reia- 
pointed, or who may be appointed by the Justices of the Jlo®^j^°co*m'^'' 
Court of Common Pleas of said county of Oxford, to dis- pieas. 
charge the duties of a clerk of said court, shall be authori- 
zed to discharge the said dutie^;, until a clerk of said court 
shall be appointed by the Supreme Judicial Court, and 
shall commence the discharge of the duties of said office : 
And the acts and doings of the persTon appointed, or to be 
iappoiiited by the Justices of said Court of Common 
Fleas, as clerk of said court, shall, during the time he is 
hereby authorized to discharge the duties of said office, be 
good and valid to all intents and purposes. 

Sect. 4. Be it further enacted. That all officers in the Prisoners to he 

. , n ^ r* 7 1 • 1 • • • committed to 

said county 01 Oxford, havmg authority to commit prison- thejaiiinCum^ 
ers to jail, shall be authorized, for the term of two years, ^^riand. 
to commit their prisoners to any jail in the county of Cuiri^ 
herland ; and the keeper of the jail in said county of 
Cumberland, is hereby authorized and required to receive 
and detain such prisoners : Provided nevertheless, That 
the consent of the Justices of the Court of General Ses- 
sions of the Peace for the county of Cumberland, shall 
first be obtained thereto ; and that no expense or damage 
shall accrue therefrom to the county of Cumbcrla7id. 

[This act passed June 14, ISOo.] 



An act to incorporate sundry persons by the name of" The 

Little Harbor Corporation in MarbleheadJ'^ * 

WHEREAS Thomas Elkins, William Storey, Ralph 
Hill French, Stephen Swett, Nathaniel Hooper, Prsanbi*, 
Robert Hooper, John Brown, William Reed, and John 
D. Dennis, have, in their petition to this Court, represent- 
ed that the common harbour in Marblehead is very dan- 
jjerous, and that vessels at anchor there are very insecure, 
fromx its exposure to violent easterly winds, and that Little 
Harbour, so called, in said Marblehead, might be made 
a very safe and convenient harbour, or bason for the dock- 
ing of vessels, and have in tiieir said petition prayed for 

B an 



General pow- 



10 LITTLE HARBOll COH. Jime i-i, An. isOo. 

an act of incorporation, to enable them H imi*)rove t)ic 
said Little Harbour for the purposes aforesanl ; and it ap- 
pearing tliat sucli an institution, under suitable regulationVj 
may be very advantageous to the trade and commerce of 
that place : 

Sect. 1. BE it cnadp.d hij the f^vmttn and Ilojisi* 
of Beprcsentatites, in General Court assembled^ d'^d 
bfj the authoritij of the same. That the paid Thomas l^^l- 
kins and others before named, and their associates, suc- 
cessors, and assigns, shall be, and they hereby are crea^- 
ted a body politic and corporate, by the name of " The 
Little Hiirbour f'orporation in MarblehiCad^^ and by the, 
name aforesaid may sue and be sued, to final judgment 
and execution, and may plead 5md be iniprleaded in any 
<:ourt of record, and in any other place whatever, and may 
liave a common seal, and exercise and enjoy all the rights 
and powers which are by law incident and belonging to 
similar corporations, for the purpose of improvmg the said 
v^uc.a. p^w- j^j^^^ Harbour, together with all the flatb% wat^^rs, entran- 
ces, and privileges comprised between Dolil^er's Point, s'j 
called, on the north, and Gerry's Island, so Called, on the 
south, and thence over the bar/ from Gerry's Island to thfe 
main land, to the tow^n's high-way, inclusive of all the 
flats and waters,' to the point first mentioned, to use and 
improve the same in such a manner, as shall render the 
same a sate and convenient bason, or dockj for the recep- 
tions and safe lodgment of vessels, andforkeepiilg thesamiB 
in repair ; and also to establish and put in execution such" 
bye-laws and regulations as to them shall scera necessary 
and convenient for the government of the said corporation, 
and the prudent management of their arlairs : Froiided^ 
such bye-laws be in no wise contrary to the constitution 
and laws of this Commonwealth ; and the said corporation 
^ shall {always be subject to the rules, limitations, and pro- 

visions herein prescribed. 

S'CET. 2.' Be it further enacted, That when the said 
Little Harbour shall be made and completed, as a safe 
and convenient bason or dock, then the said corporation 
shall be authorized to extend a boom' across the entrance 
thereto, and shall be entitled to receive from each vessel 
entering the sam^, the following rates of toll or dockage, 
ajTe!"* ° *"^ ' ^'''^- f't^r every vessel under fifty ton??, thirty cents per day ; 
from fifty and not above one hundred tons, fort f/ cents yter 
day ; from one hundred to one hundred and fifty tons, 
Jljh/ cents per day ; from one hundred and fifty, to two 

hundred 



J.ITTl/K IJAUBOa COU. Jane 11, An. ISO'5. 11 

Jiinid.R'd torn, aixhi cons per day ; and from two huiidred 
to tliroo hundred tons, seoentu cenls por ddy. 

SixT.- J. i>V // further enacted, i'^^^t if the said cor- f'-nnity ford«- 

1 ■ II 1 ■ ' "-1 . • ^1 • laying vossels, 

poratioQ, .their toll-s^atli.erer, or any other person hi their „/ exactii^g n- 

,einployment, shaii iuireasojii;U)ly (lelay <>>' hinder. any ves- I'-'g^i i^n 

fiel from ciUering the sauje, qu sliajl ask qr receive more 

ioll or dockage ihiin is by this act allowed, the said corpo? 

j-atioii :shall forfeit ai;jcl p.'*y <^ ■'•^'iiU, not exceeding >re hinir 

fired dqilars, noi \^^'^ thdn/ifh/ doliurs, to be recovered by 

nny person so delayed qr (|(^frauded, before any coprt in 

i:he coujity of JSssq.v, proper to try the satne, in a special 

action on the ease, the writ in vyipch case shall be served 

pn the said corporation, by leaving- an attested copy there- , 

of, wjth the clerk, treasurer, or any indivicfnal member of 

the sajd corporation, fourteen days, at least, before the 

rcturij day of sai4 ^^'^^"^U 'o^ud the said clerk, treasurer, or 

individual member, shall be allowed to defend the said 

^iiit in behalf of the said corporation. 

Sect. 4. Be it further enacted^ That nothing in this 
Act shall be so con.strued, iis to subject any schooner or 
pther fishing vessej, wjiich shall make said dock a place Dockage for 
pf safety, for and dnripg the usui^l time, not cuiployed in ^'^"'^s vesi^Jis. 
the fishery in the winter season, to any toll or dockage as 
aforesaid, but the ovyncr or owuers of such vessel or ves- 
j5els shall severally pay ei^'htcan dollars, in lieu of toll or 
.dockage, during the §aid term, to commence at the usual 
§easoi][ when fishing vessels gre iHid up for the winter, 
which t^erm shall continue to the middle of March ; an<| 
after the cxpirapoii of said tcnn, such vessels shall be sub- 
jected to the sarne toll or 4<^>ckage as other vessels. 

Sect. 5. Be it further enacted. That said corporation 
nvay purchase and hold any land or f^ats, which may inv 
pede the prosecution of their said plan, paying to the })er- 
son holding the same, such damages as shall arise from i.ands may be- 
taking the same, which damages shall be estimated as in '^ken and held 
cases of turnpike^roads, where the same cannot be obtain- 
ed by voluntary agreement. iVnd whenever the rights and 
privileges of any person or persons may lie affected by the 
making of said dock, the damages arising therefrom shall 
be estimated by a committee appointed by the Court of 
Common Pleas for the county of Essex, saving to either 
party the right of trial by jury, according to the law which 
makes provision for the recovery of damages, happening 
to individuals by the laying out of highsyays. 

Seci.. 



12 LITTLE HARBOR CO?.. June 11, An. 1S03. 

Sect. 6. Be if further enacted^ That in consideration 

of the town of Marblehead having reiincjuished all their 

Marbi«head right, title, and interest, in and to the premises aforesaid, 

ciaT'anfi gra^ve! ^^6 Said town shall bc, and hereby are allowed, by their 

from the flats, surveyor of highways, and as by him shall be thought ex- 

pediejit, annually to take from the flats aforesaid, clay and 

gravel, for the repairs of the highways in said town, in as 

full and ample a manner as though this act had never been 

passed : Provided^ the same, be done in such a manner as 

shall do no injury to the said corporation. 

Sect. 7. Be it further enacted^ That Thomas Elkins 
First meeting, bcforc uamcd, be, and he is hereby authorized to call the 

how to be call- . ^ , • , ■ " ■, i i- i • 

cd. Officers tirst meetmg 01 thc saiQ corporatiou, by publishmg a noti- 
to be chosen, fication thereof in one or more of the newspapers printed 
in Salem, ten days prior to said meeting ; at which meet- 
ing the said corporation may choose seven directors, who 
are hereby authorized to appoint a clerk, treasurer, dock- 
master, and such other otficera as they may think expedi- 
ent for regulating the concerns thereof ; and may also 
then and thei^e agree upon a method for calling future 
meetings : And such elections, and all other questions^ 
shall be determined by a majority of votes, reckoning one 
vote to each share ; Provided^ that no proprietor shall have 
more than ten votes : And shares in the said corporatioi; 
shall be taken, deemed, and considered to be personal es- 
tate to all intent and purposes : And the said shares shall 
and may be transferable, and the mode of transfering said 
shares shall be by deed, acknowledged before any Justice 
of the Peace, and recorded by the clerk of the corporation 
in a book to be kept for that purpose. 

Sect. 8, Be if further enacted. That the Legislature 

may dissolve the said corporation, whenever it shall ap- 

Corporation pear to their satisfaction that the income arising from said 

^ may be dissoiv- toll OF dockao'c, shall havc fully compensated the said 

ed ■when m- ^. r n i • • i • i • 

demmfieci. Corporation tor ail then' expences ui purcnasnig, makmg, 
and keeping in repair the said dock, together with an in- 
terest thereon at the rate of twelve per centum per annum ; 
and thereupon the property of the said dock, shall be vest- 
ed in the said town of Marblehead, and be at their dispo- 
sal, under the provisions and regulations of this act : Pro- 
vided, that if the said corporation shall neglect, for the 
space of three years, to make the said improvements in 
the said Little Harbour, and complete the same for a dock 
'(*« aforesaid, then this act shall be null and void. 

Sect. 



B. BOSTON ASSOCIATION. Juno \U An. 180i. |2| 

Sect. 9. Be it further enacted^ That as soon as may statement of 
he after tlie said dock shall be finished, the said corpora- expenses, &c; 
non sliall deposit in the secretary s oilice, an account oi ail hibited. 
the expciisos thereof ; and shall also annually exhibit to 
the Governor and Council, an account of the income or. 
dividend, arising from the said dockage, with the necessa- 
ry annual disbursements for repairs ; and the books of tiie 
corporation shall, at all times, be subject to the examina- 
tion of a conmiivtee of the General Court, and also of the > 
Governor and Council, when cnlled for. 

Sect. 10. Be it farther enacted., That the stock or 
property in the said dock shall be held in shares, not ex- 
ceeding one hundrful and titty, and shall be numbered in Number oi 
})ro,2^ressive order, beginning at number one., and every orig- ^^*'^*^*- 
inaf holder shall receive a certificate under the seal of the 
said corporation and signed by the treasurer and clerk, cer- 
titying his property in such share as shall be expressed iji 
baid certificated 

Provided (droni/.^. That nothing" in this act contained t, . 
shall be construed or operate to prevent the owner of Ger- pecting the 
ry's Island, his heirs, associates, or assigns, from retaining r\?7siand^'^'' 
the same, or from adopting and carrying into effect a plan 
for docking vessels to the southward and eastward of the 
bar leading to his Island, and claimed as his property, and 
for constructing on the southern side of said bar, piers, 
wharves, stores and other accommodations, for his and 
their use and benefit forever, in as full a manner as he 
would have had if this act had never passed. 

[This act passed' June 14, ISO^.] 



An act to incorporate certain persons into a company by 
the name of " The South Boston Association.^^ 

Sfct 1 T-3f^ ^^ enacted bij the Senate and Hotise of 
Jjf Bepresenfatiies., in General Court as- 
sembled, and bif the authoritij of the same. That William 
Tudor, Jonathan Mason, Harrison Gray Otis, Gardner 
Green, Gardner L. Chandler and John Smith, being pro- 
prietors of a part of a tract of land in the town of Boston^ 
formerly belonging to the town o{ Dorchester^ called Nook 
Hill, together with such of the proprietors of the residue 
of the said tract called Nook Hill, as may hereafter asso- 
ciate with them and their successors and assigns, being 
citiz;ens of the United States, shall be, and hereby are 

constituted 



J 



t.'*! 



ii S. BOSTON ASSOCIATION. June U, An. 180,3. 

constituted a body politic and corporate by the name of 
the '* South Boston Association^' for the term oi' ten yeurs 
CenofaJ pow- and no longer, and the sai4 corporation by the said nam^ 
^*' are hereby declared and m'4de capable in law to sue anq 

be sued, to implead and be impleaded, to have a conunoi^ 
seal, and alter and renew the same at pleasure, and to 
make rules and b3^e-laws for the management and regula- 
tion of said estate, consistent with the iavvs of the Com- 
jnonwealth, and generally to do and execute whatever by 
law appertains to bodies politic. 

^ECt. 9. Jtje ii fuytker enacted., That the said corpor- 
ation be capable to hrae, hold and pcjssess, such part of 
AUcwptitoiioW ^^ '^'^^^ Vi^^l of land asinay beloi^g to the ^ftid p|-oprietor^ 
ijind, make named ill this? act, and of any others \vho inay associate 
streeu, 4'c ^j^^ thcm, aud shall Ijaye puyver to m^ke streets through 
the saiue, and divide it mio lots, and to build walls to 
protect the Scime frpm the sea, and to erect buildings there- 
on, and the said corporate properly, or any part tliereof, 
to grant, s^ll, and alien in foe simple, or otherwise, ancj 
to lease, exchange, manage and improve the sanie, ac- 
cording to the will and pleasure of the proprietors, or tlic 
major part of them, present at any jegal meeting, to be 
expressed by their vptes. ^ 

Sect. 3. ^e ii further chactcd. That said proprietors 
may, ^.t any legal meeting, agree upon the number of 
l^hares into ^yhich said estate shall be divided, pot exceed- 
ing five hinidred, antj upon the form of certificate;? to be 
dmSy wu^ kjven to individuals, of the nupiber pf sha^-es by theip 
gharfjs, an^i hei4 respectively l]eld, and upon- the mode and conditions of 
as^pefi^ns. e?, i-j.^^gfgj.jpg ^|-^g same, which shares shall be held and con- 
sidered as personal estate, in the same manner that shares 
in turnpike, bridge, and canal companies are by law held 
and considered ; the said proprietors shall also "have pow- 
er to assess upon each share, such sums of mone}'' as may 
he deerned v*ecessary for Uiying out, dividing, erecting 
walla and buildings, and generally for the improvement 
Jind good managemei^t pf their said estate, agreealxly to the 
true intent of this act, and to scl| and dispose of the share 
or shares of any delinquent proprietor, for the payment of 
assessments in such way and manner as said corporation 
may, by their rules and regulations, detern^ine and agft^e 
ypon J provided however, that the value of buildings, 
which may be owned by the said corporation, at any one 
tii'ne, sbali not exceed thirttj thousand dollars m value, ex- 
^ju&iV-^ .p^( such as may be taken as security for debts. 
: ''-^^J-y " " ^Ec:f. 



S. BOSTON ASSOCIATION. June 14, An. 1805. 1^ 

Sect. I . Be if fiuihcr enacted^ That the property of 
evt'iv iiidividual member of said corporation, vested in 
said corporate iund or estate, sluill be liable to attachment, simrcs liable 
and to the piiynieiit of iiis just d( bts, in manner ibllovving, ^° ""^"^ ""*"' 
viz. in adcHtion to the summons by law prescril>ed to be 
left with the debtor, alike summons shall be left with the 
secrf'tary or t'lcrk f)!" said cor])oration, and the debtor's 
share or shares, m the corporate funds, shall be held there- 
by to respond said suit, according to law, all transfers of 
the debtor^s sliajcs, in the said corporate funds, not noted 
til the books of the corporation previously to the delivery 
of such summon*^, shall be barred thereby ; and execu- 
tion may be levied on the property of any stockholder in 
the said corporation, and his shares therein exposed to sale, 
in the same manner, as is by law provided when personal 
estate is taken in execution : And it shall be the duty of 
the officer, Ivho extends such execution, to leave an at- 
tested co^r;' thereof, with bis' doings thereon, with the 
clerk or secretary of said Corporation, and the purchaser 
shall thereupon be entitled to the reception of all dividends 
^nd stock, and tO the same priN ileges as a member of said 
fcorpdratibn, that the debtor vv'as previously entitled to, 
and to none other. Aifid it shall be the duty of the secre- 
tary or clerk to expose the books of the corporation to the 
officer, so far as respects the number of shares said debtor 
may own, and to furnish him with an official certificate of 
the number of shares owned by said debtor. 

Sect. 5. Be it further enacted. That any two 6f the 
proprietors may tall the first meeting, by advertising the First mteiif-^, 
same in any one of the public newspapers printed in ^*5]V° '^^ 
Boston, at least three days before the time of meeting, and 
at that or any other meeting, may elect a moderator, trea- 
surer, clerk, or other officers, and for such term of time, 
not exceeding one year, as they may judge fit, and the 
same at pleasure change or remove ; and in the choice of 
officers, or on any other occasion, when it shall be requir- 
ed by a majority in value of the members present, the 
votes shall be given by shares, allowing one vote to each 
share, provided only that no member shall have more than 
ten votes. 

Sect. 6. Be it further enacted. That nothing herein .j-he rgi>ts of 
contained shall be deemed or construed to affect the right persons who d«' 
or estate of any proprietor of the said tract who may not I'oufbelfct. 
associate and become a member of the corporation. And ed. 
at the expiration of said term of teft years all real estate 

then 



15 W. PARKER.— NEWRY. June 1.3, An. isoi. 

then belonging to the said corporation, shall be vested in 
such persons as may then be members thereof, and their 
respective heirs and assigns as tenants in conunon, in pro- 
portion and according to the nuniber of shares which they 
may then hold ; provided ah'/ays, that the Sctid proprietors 
shall have power after the expiration of said term to sue 
for and recover and divide in their corporate capacity all 
debts which may then be unpaid. 

[This act passed June 14, ISOo.] 



An act to set off William. Parker, jun. from the /?r^/, and 
annex him„ to the t/ih^d parish in Reading. 

. E it enacted hy the Senate and House of Rcpresenia-' 

\j^tlves^ in General Court assembled, and bij the au- 

thorilif af the same^ That William Parker, juh. bi Reading;, 
in the County of Middlesex^ with his polls, and that part 
of his estate which lies within the line of the third parish, 
be, and hereby is set off from i\\Q firsts and annex.ed to the 
third parish i!i Reading ; Provided^ the said Parker shall 
previously pay his proportion of taxes assessed upon hinij 
and due to the said first parish prior to the date of this 
act. 

[This act passed June IJ, 1805.] 

An act to incorporate the plantation called Bostwick, in 
the county of Oxford, into a town by the name of 
Nezi^ri/. 

q llE it enacted by the Senate and House of 

JL) Representatives, in General Court aS- 
semblcd^ and bij the authoritij of the same^ That the plan- 
tation heretofore Called Bostwick, in the count}" of Oxford, 
as described within the following boundaries, with the in- 
habitants thereon, be, and they are hereby incorporated 
into a town by the name of Neivry, viz. — Beginning at the 
northerly corner of a tract of land sold to Phineas Howard, 
and on the westerly line of NezvPennakook, (now Rum- 
ford,) thence running north nineteen degrees west on said 
line, two miles and two hundred and ninety-eight rods, to 
East-Andover ; then south, seventy-one degrees west, by 
Boundarie?. said East-Ajidover and land sold to Silas Hall and others, 
four miles and two hundred and thirty-five rods to a stake ; 
then north, nineteen degrees west, three miles and two 

hundred 



MIDDLESEX TURNPIKE COR. June 15, An. 1805. \7 

hundred rods, to the south-easterly corner of the township 
called A, number two ; tlien south, eighty-nine degrees 
west, by the southerly line of the township last mention- 
ed, two miles and about sixty rods, to the north-easterly 
corner of the township called A, number one, then south, 
eight degrees west, by the township last mentioned, six 
miles and about two hundred and eighty rods, to the north- 
easterly corner of Peabody's patent, (now G'llead^ then 
south, nineteen degrees east, by said Gilead, to Sudbury 
Canada, (now Bethel,) thence easterly by said Bethel, and 
tl\e land sold to the said Howard, to the place of begin- 
ning : And the said town oi' Newr// is hereby vested, with 
all the powers, privileges, rights, and immunities, and 
subject to all the duties and requisitions, to which other 
towns are entitled and subjected by the constitution and 
laws of this Commonw^ealth. 

Sect. 2. Be if further enacted, Th'a.t either o^the'Jus- 
tices of the Peace for the said county of Oxfo7'd, be, and ""^ ^^^ '"^" 
he is hereby authorized to issue his warrant, directed to 
some suitable inhabitant of the .said town of Nezcn/, re- 
quiring him to notify and warn the inhabitants of said 
town, to meet at such convenient time and place, as shall 
he appointed in said warrant, to choose such officers as 
towns within this Commonwealth, are by law required to 
choose in the months of March or April annually, 
[This act passed June 15, 1805.] 



An act to establish " the Middlesex: Turnpike Corpora- 
tion ^ 



WHEREAS a turnpike-road from T.yngsborough 
meeting-house, to a point in Bedford, equally 
well situated for the accommodation of travellers, to 
Charles-River and West-Boston bridges, and there divid- 
ing and going from thence to each of the aforesaid bridges, 
would be of great public convenience and utility : 

Sect. 1. BB it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the author it if of the same, That Samuel Swan, jun. 
r^erkins Nichols, Royal JNIakepeace, Eberiezer Pridge, 
William Whittemore, jun. and James Abbot, and all oth- 
ers who are or may hereafter become proprietors, and their 
associates, and successors, be, and they hereby are incor- 
porated and made a body politic, by the name of the Mid- 

C dlesejc 



Preamble. 



18 MIDDLESEX TURNPIKE COR. Jfute \j, An. 1S05. 

f 

d/ese.v Turnpike Corjjorafion ; and by that name may sue 
and be sued to final judpiient and execution, and do and 

Ctnerai pow- sutfei' all Other things \vhieh bodies politic )uay or ought 
to do and sutler : and said eorporation shall have full pow- 
er and authority to make and use a common seal, and the 
same to break, alter and renew at pleasure, and shall have 
full power and authority to make, lay out, and keep in 
repair, a turnpike road as aforesaid : Beginning at Tpigs- 
borouo/i meeting-house ; and from thence running in the 
most direct practicable line to Chciin.iford meeting-house, 
and from thence, in a like direct line, to BiUerica meet- 
ing-house, and from thence in the nearest practicable line 
to the point aforesaid in Bedford^ at a stake in land of 
Abel Wyman, about twelves miles, and one hundred and 
twenty rods from Boston : and from thence, to extend a 

Fust Branch, branch of said road on a line as straight as is practicable, 
to Symmes' corner, so called, in Medfofd, and from tht^ ice, 
in the most convenient route, to the street in tu'^i'irr/ 
village, near the south>vest corner of the garden ^I^Ji/ b - 

Second Branjh. longing to the Hon. John C. Jones. 1 he oth'::ir branch 
to commence at the said point or stake, and run on as 
neai' a straight line as is practicable, to the rocks (so called) 
in Cambridge^ i:om. thence to continue on the old road to 
a point near and between the houses of Stephen Goddard 
and Walter Frost, and from thence in nearly a straight 
line to the Cambridge and Concord turnpike road, at the 
westerly part of said road which is laid out one hundred 
feet wide near West Boston bridge, which road shall be 
laid out four rods wide, and the travelling path not less 
than twenty-four feet wide : Provided /lozcever, that an 
equal sum shall be expended by the corporation on each 
brairch thereof. 

Corporation to Sect. 2. Bc if furfJicr cuacfed^ That the said corpo- 

eBjoy the usual j.QtiQj^ sjijiU \yQ entitled to all and sini^nlar, the powers, 

privileges, ice. . . , . . . , . . i • i ■ 

&.C. provisions, limitations and restrictions which are particu- 

larly delineated for the government and organization of 
turnpike corporations, in an act entitled an act defining 
the general powers and duties of turnpike corporations, 
passed March the sixteenth, one thousand eight hundred 
and five. 

[This act passed June 1j, ISOi.] 



An 



l-^SSEX COrilTS. June 15, An. 1S05. 19 



N-w Termi, 



All net detcri:iinin;^ the ti!P"«5 for ho!dii)cr thfi Courts of 
roiiirrioii V\e^< Mn<l (•Jcn -ra! Ses>4ioiis of the peace with- 
in and for the county of Es:,rx\ 

^ TTJ K it enacted hij the Senate and House of 

• ECi. . jj-^ liefj re.se lit at iie.i^ in General Court aa- 
xembted, and Ijif the a^'Oiorit/j of the same., That from and 
nfter the passing of tliis ax:t, the Court of Common Pleas 
and the Court of General Sessions of tiie Peace, within 
and for the county of Essev, shrdl be holden at Ijjswich 
on tlie last iNlonday of March, at Salem on the last Mon- 
day of June, -Ai NeiL'h I'.r apart ou trie last Monday of Sep- 
ternuer, and at Jp^vjich on the ia^t Monday of December 
in every year : — Provided nei-ertheless, that the term of 
said Courts, which before the passing of this act was to 
be holden at Sahm on the last Tuesday of June instant, p^^,.j.^j.^. ^^^^ 
shall be then and there holden ; and ail actions, processes, m'g 'coIf«*li* 
appeals or recognizances, which have been sued out, com- ^'**-'" 
menced, or made returnable to said term of said Courts, 
siiail be then and there entered, prosecuted, tiied and de- 
termined, and executions awarded, and othr^r proceedings 
therea|X>n had, in the same manner, as if this act iiad nev- 
er Keen made, any thing herein to the contrary notwith- 
standing. 

Sect. )2. Be it further enacted^ That all actions, ap- 
peals, reco;inizances or other processes, that now are or 
may hereafter be commenced, or sued out, retuina]>ie to 
the term of said Courts, which, before the passing of this "'^^^^'j'" *''"'•'' 
act, was to be holden at Nex<ii bur ij port ^ within and for the 
county aforesaid, on the last Tuesday of September next, 
«hall be returnable to, entered, prosecuted, tried, deter- 
mined and adjudged, at the term of said Courts, to be 
holden l>y virtue of this act at Neiuburijport on the last 
Monday of Septemljer. 

[This act passed June lo, ISOo.] 

An act to establish a Corporation by the name of the An- 
dover and Aledford Turnjnke Corporation* 

BE it enacted hij the Senate and House of Represent. j~ 
tives, in General Court assembled., and bij the ni:~ 
ihority of the same., That Jonathan Porter, Joseph HunU 
Nathan Parker, Oliver Holden, and Fitch Hall, together 
with such persons as may hereafter associate with them, 
and their successors and assigns, shall be, ia corporation by 

the 



roail. 



20 ANDOVER T.—FLORIDA. Jane 1% An. iSOJ. 

the name of the Andover and Mcdford Turnpike Corpo" 
ration^ for the purpose of niakhig- a turnpike road, front 
near the house of John Russell, in Andover^ running by 
the east side of Martin's pond, so called, on nearly a 
straiglit line to the house of Jeremiah Nichols, in Reading ; 
Course of ihe thettcc to near the west parish me8tins:-house in Reading' : 
thence on neany a straight line to the house ot Davi(} 
Hays in Sfonehunt ; thence by the west side of Spot pond, 
so called, to the market place in Medford, on as straight 
a line as the ground will admit of: And for this purpose 
shall have all the powers and privileges, and be subject to 
all the duties, requirements, and penalties contained in an 
act entitled an act defining the general powers and duties 
of turnpike corporations, passed the sixteenth day of 
March, A. 1). 180J. 

[[his act passed June lo, 180.5.] 



An act to ii5 corporate the inhabitants of Barnardstone^s 
Grant and a part of Bidlock^s Grants in the county of 
Berkshire, into a town, by the name of Florida. 

c , \y E it enacted by the Senate and House of 

J_^ Representatives, in General Court as- 
sembled, and bif the aufhoritij of the same. That the fol- 
lowing described tract of land, viz. Beginning at the 
southwest corner of Barnardstone's Grant, at the north- 

Boundaries. y^r^^^ comer of Savoif ; running thence an eastwardly 
course on the line of said Savoi/, to the northeast corner 
of said Savoij ; thence a north course to Deerfeld river ; 
thence up the said Deerfeld river, northwardly, so far that 
a line drawn a due west course, will strike the northeast 
corner of said Barnardstone^s Grant ; thence a westerly 
coarse on the north line of said Baniardstone^s Grant, to 
the east line of Adams ; thence a southwardly course in 
the said line of Adams, to the northwest corner of Savoy, 
first mentioned, together with the inhabitants thereon, be, 
and they are hereby incorporated into a town by the 
name of Florida ; and the said town is hereby invested 
with all the powers, privileges, and immunites which 
other towns in this Commonwealth do or may enjoy by 
law. 

Sect. 2. Be it further enacted. That Israel Jones, 

TitBt Meeiing. £gq j^^^ ,jj^f| \^q hereby is empowered and required to is- 
sue his warrant to some suitable inhabitant of the said 
town of Fioridci, requiring him to warn the qualified in- 
habitants 



TrUNPIKES. June 15, An. 1805. 21 

habitants thereof to meet at some convenient time and 
place, to choose such othcers as towns are by law requir- 
ed to choose in the month of March or April annually. 
[This act passed June 1.3, 180.3.] 



An act to establish a corporation by the name of the Wor- 
cester and FUzwiUiam Turnpike Corparaiion* 

BE // eiuicted hif the Senaie and House of Bepresenta- 
fives^ in General Court assembled^ raid hij the nu- 
iiioritij of the scnne^ That Lemuel Abbot, Joseph Alien^ 
Edward Bangs, l^lisha Andrews, vSilas Cutler, Moses 
Clark, Abicl Alger, Phineas Read, John M'Clanathan, 
Lockart Smith, and Isaiah Thomas, together with such 
others as have, or may hereafter associate with them, 
their successors and assigns, be, and they hereby are 
made a corporation, by the name of the Worcester and 
FltzwiUiani Turnpike Corporation^ for the purpose of lay- 
ing out and making a turnpike road, from the court-house 
in the town of Worcester^ to the meeting-house in HoU 
den ; from thence to the meeting-house in Huhhardston ; 
from thence to Holman's road, so called, near the house 
of Samuel Cook, in Templeton ; from thence to or near 
the bridge, which is near Baldwin's mills in said Temple- Course of thi 
ton ; and from thence to the state line of Newhampshire, ^°'^^' 
near Grave's mills in the town of Fitzwillium ; and for this 
purpose shall have all the powers and privileges, and be 
subject to all the duties, requirements, and penalties, 
contained in an act entitled an act defining the general 
powers and duties of turnpike corporations, passed the six- 
teenth day of March, A. D. 180.3. 

[This act passed June 1.5, 1805.] 



An act in addition to an act entitled " An act to estab- 
lish a corporation by the name of the Union 'Turnpike 
Corporation" 

WHEREAS no provision is made in said act, where- 
by the Courts of General Sessions of the Peace 
of the several counties through which said road shall pass, 
may authorize the committee, whom they shall appoint to 
lay out said road, to estimate the damages which individu- 
als, through whose land said road shall pass, may sustain, 
©r to appoint a committee for that purpose on application of 

the 



Preamble. 



.•?»> 



CUMBERLAND COURTS. 



June 15, An. ISOj. 



Co'jrfj of Set- 
■«}ons authoriz- 



h'ew Terms. 



Former laws 
repealed. 



the proprietors of said road, but oi^ly on application of the 
individual who may sustain such damage, whereby the 
said corporation is subjected to great delay and expence : 
Wherefore, 

BE it enacted bij the Senate and House of Represenfa- 
iives^ in General Court assembled^ and bij the authority of 
the same^ That the Courts of General Sessions of the 
Peace, of the several counties through which said road 
shall pass, be, and they are hereby authorized to empow- 
er the committee, whom they may appoint to lay out said 
road, agreeably to said act of incorporation, to estimate- 
the damages which the several individuals, through whose 
land said road shall pass, may sustain, saving to each in- 
dividual, and to the corporation, the right of having such 
damage estimated by a jury, as is provided for by said act. , 
of incorporation. 

[fiiis act passed June 15, 1805.} 



An act determining the times and place of holding the 
several Courts of Common Fleas and Courts of Gener- 
al Sessions of the Peace^ within and for the county of 
Cumber laud . 



Sect. 1 



E it eruicted hij the Senate and House of 
Representatives^ in General Court as- 
sembled^ and bij the authorittj of the same, Tii^t from 
and after the last day of June instant, the Court of Com- 
mon Pleas, within and for the county of Cumberland^ shall 
annually be holden at Portland, on the first Tuesday of 
March, and on the third Tuesday of June, and on the third 
Tuesday of November. 

Sect. 2. Be it further enacted. That the Court of 
General Sessions of the Peace in the said county of Cutn- 
berland, shall be holden annually at Portland, on the 
third Tuesday of March and on the first Tuesday of Sep- 
tember. 

Sect. 3. Be it further enacted. That all laws hereto- 
fore passed, regulating the times and place, for holding of 
the said Courts in the said county of Cumberland^ from 
and after the said last day of June, stall be, and the same 
are hereby repealed. 

[This act passed June 15, 1805.] 



A« 



Incorporating 



MEETING-HOUSE FED. ST. June 14, An, 1805. SI 

An act declaring and confirming the incorporation of the 
proprietors of" the Meeting-House in i'ederal-Street, 
in the town of Boston, 

o _ TTJ E if enacied hj the Semite and House of 

JID J^Gpr-escntaiives^ in (Jcncral Court as- 
s^mhlcd^ and bij ttie uuthoritij of the same ^ That all persons ' 
vvlionow are, or who may hereafter be the proprietors of 
the pews in the congregational meeting-house, situate in 
Federal-Street, in the town of Bosto7i, be, and they are "laus 
hereby declared and confirmed to be a body politic and 
corporate, ])y the name of the Propi-ietors of the Meeting- 
House in Federal^Streef, in the town of Boston ; and the 
said corporation shall be, and hereby are deemed in law 
to be seized of the same meeting-house, with all the lands 
under, adjoining and belonging to the same, with the priv- 
ileges and appurtenances, including the dwelling-house 
recently erected on the land appurtenant to said meeting- 
house, for the accommodation of the minister of that soci- 
ety, reserving however, to the several proprietors of the 
pews in said meeting-house, their right to and interest in, 
the said pews respectively. 

Sect. 2. Be if further enacted^ That the said propria 
etors shall meet annually on the first Wednesday in May ing^and office^ 
at the said meeting-house, or at such other place as their toi^^chosea. 
committee may appoint, and at such other times, as they 
may be duly notified for, in manner hereafter mentioned ; 
and at said annual meeting, after having chosen a modera- 
tor, shall choose a clerk, treasurer, and a committee of 
seven persons, who shall all continue in office, during the 
year, and until others are chosen in their room : Provided 
however^ if, for any cause, the said annual meeting should 
not be holden, then the said officers may be chosen at any 
other meeting duly notified for that purpose. 

Sect. 3. Be it further enacted^ That the said clerk p, , . 
shall be sworn to the faithful discharge of the duties of his sworn * 
office, and it shall be his duty to record all the votes, and 
all the proceedings of the said proprietors, and of the said 
committee, in separate books, to be kept by him for that 
purpose ; and the said committee, or a major part of them, 
shall have full power to manage all the prudential affairs of 
the said proprietors, in the same, and in as ample a man- 
ner as parish committees are authorized by law to manage Committee r» 
the prudential affairs of parishes, and to notify any pro- SJufiaeiT 
prietors' meeting, by posting up a notification at the door 

of 



24 MEETING-HOUSE FED. ST. June U, An. 1305. 

of said meeting-house, seven days, at least, before the 
time of holding the same. 
Proprietors to Sect. 4. lie it further enacted., That the said propri- 
ges,%ufftTcon- ^^OFS shall be entitled to all the privileges they have here- 
»racts,ibrnint;w toforc in fact enjovcd, and shall be bound by all the con- 
•omracts, c. ^.^.^^^^^ they have heretofore in fact entered into, as well 
with their present minibter, as with others, and be subject 
to all the duties they have heretofore been subject to ; 
and the said proprietors are also empowered from time to 
time to make such further contracts, and raise such sums 
of money, annually, as'they shall judge necessary, for the 
maintajnance and support of the public worsliip of God, 
for the repairs or alterations of said meeting-house, and 
making any reasonable addition to the salary of their pre- 
sent or any future minister, and for other parochial and 
incidental charges, including any sums that may be due 
for the completion of the ministerial house lately erected 
by the said proprietors, on the lot adjoining said meeting- 
house, for the accommodation of their minister, and all 
monies, so raised by the said proprietors, shall be paid 
annually, or by instalments, at such times and in such pro- 
portions, as said proprietors shall direct. 

Sect. 5. Be it further enacted. That all monies rais- 
ed by the said proprietors for the purposes aforesaid, shall 
Mode of assess- be asscsscd by the said committee, or by the major part 
raenf,pewsiia- of them, upou the Several proprietors of the pews in said 

dIs to he ti3.Kt^ri 

andioid, &c. meeting-house, according to the relative value of said 
pews, regard being had to their situation and convenience ; 
and the pews in said house shall be held liable to be ta- 
ken and sold, for the payment of all assessments duly 
made as aforesaid, and for the discharge of all expenses 
incurred by such sale, in such manner, and on such con- 
tingencies and conditions as have been, or may be agreed 
upon by the said proprietors, and which are, or shall be, 
summarily expressed and contained in the deed or convey- 
ance of the pews ; and the assessments made as aforesaid, 
shall be considered as a lien upon the pews in said meet- 
ing-house ; and a bill of each proprietor's assessment, and 
of the time or times of payment, shall be left in his pew, 
of which fact, the oath of the treasurer, or of the person 
by him employed for that purpose, shall be sufticient 
evidence. 

Sect. 6. Be it further enacted^ That if any of the 

or resignation. ofFiccrs choscu by Said proprietors shall die or resign, dur- 
ing the year for which they may be chosen, other persons 

may 



NAMES ALTERED. June lo, An. 1S05. 25 

may be elected in their coom, for the remainder of the 
year, at any meeting of the proprietors, to be notified by 
a major part of the committee, but in all cases where there 
may be but one of the committee in office, he shall have 
sufficient authority to call any meeting of the proprietors. 

Sect. 7. Be it further enacted. That Henry Hunt- 
er and Francis Wright, or either of them, may cause the Who may call 
first meeting of said proprietors to be called, for the pur- ^^' "^'-'^""s- 
pose of choosing the officers of said proprietors, for the 
year ensuing, and for any other purpose specified in a no- 
tification by them to be posted up at the door of said meet- 
ing-house, giving notice of the time and place of said 
uieeting, at which meeting the said proprietors may agree 
on the mode of notifying future meetings. 

[This act passed June 15, 1805.] 



An act to alter the names of certain persons therein 

mentioned. 

BE it enacted b}f the Senate and House of Representa- 
tives, in General Court assembled, and by the an- 
tlioritij of the same. That from and after the passing this 
act, James Bowdoin Temple, of Boston, in the county 
of Suffolk, gentleman, shall be allowed to take the name of 
James Temple Bowdoin ; that Samuel Bass Wales, of 
Randolph, in the county of Norfolk, a minor, shall be 
allowed to take the name of Ephraim Wales ; that John 
Allen the 4th, of Salem, in the county of Essex, shall be- 
allowed to take the name of John Woodbury Allen ; that 
George Smith, of Salem, in the county of Essex, house- 
wright, and son of Isaac Smith, o^ Rozvleif, in said coun- 
ty, shall be allowed to take the name of George Hibbert 
Smith ; that William Hobby, jun. of Portland, in the 
county of Cumberland, shall be allowed to take the name 
of William Gardner Hobby; that John Rogers, oi Charles- 
tozim, in the county of Middlesex, mariner, shall be al- 
lowed to take the name of John Weston Rogers : And 
said persons in future shall be respectively known, and 
called by the names which they are respectively allowed 
to take as aforesaid, and the same shall hereafter be con- 
sidered as their only proper names to ail intents and pur- 
poses, 

[This act passed June 15. 1805.J 

D 

All 



9(i 



BETHEL BAPTIST SOCIETY 



June 1.';, An, 130j. 



Name* of per- 
sons incorpo- 
rated. 



Proviso. 



An act to incorporate a number of the, inhabitants of tiie 
town o{ Bethel, town ot Xeicrif^ and plantation Oi IIoic- 
m-ffs Gore^(so called,) iu the cotiiity of Oxford, into a 
Religious Society, hy the name of the " First Baptist 
Socieiij in Bet lie/.'' 

^FCT 1 TC^ ^' ^^ enacted bij the Senate and House of 
J^ Bep) esentative^-, in Geitend Court as- 
sembled, and t)if the anthoritij of the same. That Asa 
Kimball, John K illgore, jnn. Stephen F.^stes, Ithiel Smith, 
jnn. John Kiiigore, Samael Ayer, Ephraim Powers, Samuel 
Gossom, Joseph Ayer, Jcnathan Smith, Samuel KiUgore, 
Daniel Bean, Ebenezer Bean, iSloses IMason, Thoma» 
Stearns, Asa Foster, v^onathan Clark, "William Russel, 
Isaac Towne, Napthali Coffin, Jesse Bean, David Coffin, 
AV^alter Mason, Paul Morse, Joseph Farrar, l^etsey Clark, 
and Enoch Bartlett, with their families and estates, be, and 
they are hereby incorporated into a Religious Society, by 
the name of the " First Baptist Societif In Bet he!, ^^ with ail 
the powers, privileges, and immunities to w^hich parishes 
are entitled by the constitution and laws of this Common- 
wealth : Provided, that all such persons shall be holden to 
pay their proportion of all monies assessed in the towns and 
plantations aforesaid, for parochial purposes, prior to the 
passing of this act. 

Sect. 2. Be it further enacted. That any person be- 
How to become longing to the said town o^ Bethel, Newrif or plantation of 
a member. Hoioard's Gore aforcsaid, being of the baptist denomina- 
tion, who may, at any time hereafter, actually become a 
member of, and unite in religious worship with the said 
society, and give in his or her name to the Clerk of the 
town, parish or plantation to which he or she belongs, w^ith 
a certificate, signed by the Minister or Clerk of said society^ 
that he or she has actually become a member of, and united 
in religious worship with tbe aforesaid baptist society-y 
fourteen days previous to the town, parish, or plantation 
meeting therein, to be held in the month of iNIarch or 
April, shall, from and after giving in such certificate, with 
his or her polls and estates, be considered as part of said 
society. 

Sect. 3. Be it forther enacted^ That if any member 

How to ir^ave ^^ ^'^^^ baptist socictv, shall at any time see cause to leave 

said society, the samc, and unite in religious worship with the parish in 

which he or she may reside, and shall lodge a certificate 

of such his or her intention, with the Clerk or Minister of 

said baptist society, and also with the Clerk of the town, 

parish 



SOCIETY IX BKISTOL. June 1.5, An. 1805. 27 

parish or plantation, in wliii'h ho or she may reside, fi-r.jr- 
tuen days at least bitore th^i amiual town, parisli, or plan- 
tation meetinu", to he held therein in tlie niontli of March 
or April, and shall j)ay his or her proportion of all money 
assessed on said society pre\ ions thereto, such person shall, 
from and after giving such certificate, with his or her polls 
f.nd estates, be con.->idervd as belungini^- to the ton nor par- 
ish in which ho or yhe may reside, in the same manner as 
if he or she had never l;eionged to said haj)tist society. 

Sect. 4. Be itfi'ythev enacted^ I'hat vmy Justice of the 
Peace in the said connty of Oj;;/(>/r/, is heroiby authorized to fi-^trntcUn^. 
issue liis warrant, directed to some suitable member of said 
baptist society, requiriiig- him to notify and warn the mem- 
bers thereof, to meet at such time and place as shall be 
uppoiuted in said warrant, to choose su(^h (vfiicoi'S as parishes 
in tills Common wcultti eire by law authorized to choose in 
the month of March or April annually. 

[This act passed June Ij, 130.3.] 



An act to incorporate a number oF the inhabitants of the 
town of /ir/^Tfo/, in thecounty of Z//7C(?/«, into a Religious 
Society, by the name of the First Congregational Societu 
in Bristol, 

c I "13^' ^^ eruiftcd hij the Soude and House oj' 

_£_) Hejtreseiitativcs, in General Court as- 
sembled^ and bij the authority of the sanie^ Tliat William 
Atkins, Joseph Bailey, j'JjcnezeF Bcarce, John Bearce, f^riiJoVor- 
Aaron Blaney, jun. Samuel Boyd, John Boyd, David j^urr, t^^- 
Thomas Calderwood, James Carlisle, Arthur Child, Han- 
nah Child, Mary (^hild, William Chamberlain, Sam.uei 
llark, Joseph Clark, Nathaniel Churcli, Thomas Clough, 
James Curtice, -Samuel Doe, James Drummond, James 
Drummond, jun. Timothy Fitch, John Fitch, Alexander 
Fossett, John Fossctt, William Fossett, Henry Fossett, 
Henry Fossett, jun. William Greenlaw, Amos Goudy, 
Hervey Hall, Richard Hiscock, James Hiscock, Marius 
Howe, Zebulon Howland, George Howland, Elisha Hatch, 
jun. John Hassey, Joshua House, Henry Hunter, Thomas 
Hunter, William' Hunter, John Huston,\]ohn Huston, 5d. 
John Huston, 3d. William Huston, William Huston, 2d. 
William Huston, 3d. Robert Huston, Robert Huston, jun. 
Robert Huston, 3d. Thomas Huston, James Huston, Da- 
vid Hutchins, Thomas Hutchins, AVHlliam Johnson, James 
Jonc^, William Kelsey, James KolseVj James Laughton, 

Hu-h 



28 SOCIETY IN BRISTOL. June 15, An. 1805. 

Hugh Little, John Mears, Thomas Miller, James Morton, 
jun. Ephraim McMichael, John McKown, John Nickels, 
William Nickels, David Ordway, William Page, George 
Page, Hugh Paul, James Paul, Bedfield Plummer, William 
Russell, William Russell, jun. George Sproule, Robert 
Sproule, William Sproule, Robert Thompson, John Tom- 
linson, Gershom Wentworth, Samuel Wentworth, John 
Wentworth, Samuel Woodward, James W^oodward, and 
James W^yllice, with their families and estates, together 
with such others, as rhay hereafter associate with them, and 
their successors, be, and they are hereby incorporated into 
a society, by the name of the " First Congregational So- 
ciety in Bristol" in the county of Lincoln, with all the 
powers, privileges, rights, and immunities, to which other 
parishes are entitled by the Constitution and laws of this 
C ommon wealth . 

Sect. 2. And he it farther t^/zwc^eo^, That any person 
■*r ^ , ^ in the said town of BristoL who may be desirous of be- 
a member. commg a member oi the said nrst congregational society, 
and shall declare such intention in v/riting, given in to the 
Clerk of the said first society, fifteen days previous to the 
annual parish meeting, and shall receive a certificate, sign- 
ed by the said Clerk, or the Minister of the said society, 
th- : lie, or she, has actually become a member of, and 
united in religious worship with the said first society in 
Bristol, such person shall, from the date of such certificate, 
be considered, with his or her polls and estate, as a mem- 
ber of said society. 

Sect. 3. Be it further enacted. That when any mem- 
Hew tc leave ber of the said first society in Bristol^ shall see cause to 
6aid;odety. \q^y^ thc saiuc, and to unite in religious worship with any 
other religious society in the said town, and shall give 
notice of such intention to the clerk of the said first socie- 
ty, and shall also give in his or her name to the clerk of 
such other society, fifteen days previous to the annual 
meeting of said society, and shall have received a certifi- 
cate of m^embership signed by the Minister or Clerk of said 
society, such person shall, from the date of such certificate, 
with his or her polls and estate, be considered as a member 
of said society : Provided however, that every such person 
_ shall always be held to pay his or her proportion of all 
parish charges, in the society to which such person belong- 
ed, assessed, and not paid previous to the leaving said 
Society. 

Sect. 



STATE PRISON. Jiut*^ 15, An. 1805. ^ 

Skct. 4. Be it further enacted^ 'Miat either of the jus- First Meetiog. 
tices of the peace for the couDty of Lincoln, upon applica- 
tion therefor, is hereby authOriz«!d to issue his warrant di- 
rected to some member of the said First Congregational 
.Society, requiring him to notify and warn the membei-s 
thereof, to meet at yuch convenient tiuie and place as sliall 
he appointed in said warrant, to clioose such officers as 
parishes are by law empowered and required to clioose at 
their annual meetings. 

[This act passed June L5, ISOo.] 



An act authorising his Excellency the Governor, by and 
with advice of the Council, to provide regulations for 
the State Prison. 

o , , , X) ^ ^^ enacted hij the Senate and House of 
J^ Representatives, in General Court as- 
sembled, and by the authoritij of the same. That Criminals 
convict, v/ho have been sentenced to confinement to hard 
labor for terms not yet expired, or who shall hereafter be Criminals Ax- 
sentenced to confinement to hard labor for life, or to sol - 17r;Ty!i ^'^r'™* 
tary imprisonment, and also to confinement to hard labor for chariestown ; 
any term exceeding one year, shall, and may be imprison- J"norisau°hor. 
ed, restrained and employed m, and within the precincts ized to grant 
of the state prison, situate in Chariestown, in the county ^^"^'*"^*" 
of Middlesex : And that His Excellency the Governor be, 
and he hereby is authorized and empowered to draw his 
warrant, under the seal of the State, directed to such offi- 
cer or officers as he may think proper, requiring them to 
remove such convict or convicts as aforesaid fruin any jail 
in any county of this Commonwealth to the State Prison 
aforesaid ; and all officers, keepers of said prison, and 
keepers of the several jails in the Commonwealth, are 
hereby required to do and perform all such duties and ser- 
vices as His Excellency may in any such warrant by him 
issued require. 

Sect. 2. Be it further enacted. That the keeper of 
said prison shall receive all such persons, convicted before ^ictTdT'cit^" 
the Circuit Court of the United States, at any term of said <^^^^ ^".""* '° 
Court holden in this Commonwealth, as may be sentenced ^^""^^^^^ ' 
by said court to confinement and hard labor for an;y term 
of time, and safely keep such convicts until they shall be 
discharged by due course of the laws of the United States. 

Sect. 3. Be it further enacted, That the Governor, 
by and with the advice and consent of the Council, shall 

have 



30 



STATE PRISON. 



Jujie 16, An. 180:>. 



oiTicerj of ih« j^ave authoritv to appoint annually, and as o 

jinson to be *' . ^ ' , i 

a^jpointed J and vucancy muv require, and remove at pleasure, 
rules, &c. to o i^hvslr.i;in. -au npent or siinerinfpiulnnf. aurl 



often as any 

a chaplain, 

,, , , a physician, an aeent or superintendant, and such other 

btf citabhshed. ' *' . *-> , ^ 1711 

otticcrs, assistants and servants, as shall and may appear 
fit and necessary for the government, empioynient and re- 
gulation of the said convicts ; and to make and establish 
all such rules, orders, regulations and bye-laws, as may in 
his opinion be fit and proper for the due management and - 
government of the said convicts : Fjorjic/edy such rules, 
orders, regulations and bye-laws be not repugnant to the 
constitution and laws of this Cominonwealth : And also 
to furnish and provide for said convicts such food, fuel, 
clothmg and all matters and things, as shall or may in his 
opinion be necessary for the sustenance and accommoda- 
tion of the said convicts ; and also to procure, and furnish^ 
and provide such materials and utensils as may be neces- 
sary and proper for the purpose of employing said convicts 
during the continuance of their confinement in said State 
Prison. 

Sect. 4, Jye it further cnacteiJy That the Governor, 
by and with the advice and. consent of the Council, be, 
and he is hereby authorized to draw his warrant upon the 
treasurer of this Commonwealth, in favor of such agent oi^ 
superintendant as he may appoint as aforesaid, for such 
sum or sums of money as he shall deem fit and sufficient, 
to the several purposes mentioned in ihis act>. not exceed-^ 
ing the sum of thirteen thousand dollars, the said agent or 
superintendant to be accountable for the expenditure of 
the same : And the said superintendant shall give a bond 
to the said Commonwealth in the sum of twenty thousand 
dollars, with sufficient surety to be approved by the Gov- 
ernor with the advice of the Council, and upon condition 
that said superintendant shall do, observe and perform all 
the duties incumbent on him, as such agent or super- 
intendant. 

Sect. 5. Be it further enacted, That this act shall 
continue in force until the first day of June, in the year 
of our Lord one thousand eight hundred and six, and 
no longer. 

[This act passed June 1^, 1805.] 



Money may be 
drawn. 



Superiiitend 
ants to give 
boadi. 



Act limited. 



Ac 



SMALL BILLS; June lo, An. 180j. 31 

An act to authorize the several banks, incorporated with- 
in this Common weahh, to issue bills of the denomina- 
tion of oiic^ tzco and three dollars. 

^ 11 E if enacted hij the Senate and House of 

■" ' ' JI3 ^^p>'^s^ntatiies^ in General Court as- 
acmhlcd, and bij the authoritij of the same^ That froni 
and after the passiht>- of this act, and during- the pleasure Biiisofi.aand 

/> 1 T -1 I • 1 / 11- " f 11 .1 3 dollars to b« 

of the Legislature, the president and directors of all the emitted, with « 

banks incorporated Under the autliority of the Legislature p'o^i**- 

of this Commonwealth, with power to issue promises of 

their own, on banking principles, be, and they hereby are 

authorized and empowered to issue and emit bills of the 

denominations of one^ tn'o ?a\& three dollars, to the amount 

of file pc^^ ceyftum of tlieir several capital stocks, actually 

paid in, any thing in thv'^ir respective acts of incorporation 

to the contrary notwithstanding : Provided hozvever^ that 

this privilege shall not be construed to authorize the said 

banks, to owe or issue bills or promises to any greater a- 

mount than b}^ their respective acts of incorporation they 

are already privileged to o^ve or issue. 

Sect. 2. Be it farther enacted^ That the bills of the 
denomination Oi one, ^'jt'o and Mre<? dollars, shall be con- made^°'*'°°* 
structed w'ith the denomination of the bill in each of the 
corners thereof in figures, and in the body of the bills in 
large capital letters, wich an oval border lengthwise of the 
bill, and the word ^Massachusetts, in large capital letters, 
under the upper part of the oval border ; to be signed by 
the president, and countersigned by the cashier of the 
bank, from which the same may issue, and no bank shall 
issue any bill of an oval form or impression, of an higher 
denomination than three dollars. 

Sect. 3. Be it further enacted^ That before any of Fad. bank to 
the bills, of the denomination aforesaid, shall be issued ^^^^^ ''' .'''^'°^ 
by any bank, the amount which said bank is allowed to pTeS before 
issue, shall be impressed : And the president and direc- *''"'='^- 
tors of the several banks, in their returns and statements, 
as required by law% shall state the amount of said bills ii] 
circulation, and the amount thereof on hand ; And no 
further impression or emission of said bills Sihall be cre-^ted 
or allowed by virtue of this act. 

Sect. 4. Be it further enacted. That the several p^^ure ,^n^. 
statements and returns which, by the respective acts of nients^rom ' 
incorporation of the several banks or other corporate bo- |;,'"j;' ZJX, 
•^les, are directed to be made to his Excellency the Gov- oath 

V 

ernor 



$2 



INiEETING-HOUSE. 



June \5, An. 180.5. 



ernor and the Council of this Commonwealth, shall here- 
after be made under the oaths of the president and the 
several directors and cashiers or trustees and treasurers of 
the said several banks, or other corporate bodies, at the 
several periods directed by their respective acts of incorpo- 
ration, which oath shall be administered by some magis- 
trate duly authorized to administer oaths, and who shall 
have no interest in the said corporate body. 

[This act passed June 15, ISOJ.] 



General pow- 



Land may fee 
held. 



Shares. 



Shnres of delin 
quants to be 
sold. 



An act to incorporate Royal Makepeace, and others, in- 
to a society, for the purpose of building a meeting-house, 
and supporting public worship therein, in the easterly 
part of Cambridge. 

c , |lE if enacted by the Senate and House of 

jL) Representatives, in General Court as^ 
sembled, and by the authoritif of the same, That Royal 
Makepeace, John Cook, Josiah Mason, jun. Daniel Ma- 
son, and Andrew Boardman, and their associates, and 
their successors, be, and they hereby are constituted and 
made a corporation and body politic, by the name of the 
" Camhridge-poi't Meeting-house Corporation^'^ and shall 
by that name sue and be sued, and shall have a common 
seal, and also may ordain and establish, and put in execu- 
tion, such bye-laws and regulations, as to them shall seem 
necessary and conv^enient for the government of said cor- 
poration : Provided, such bye-laws and regulations shall 
be in no wise contrary to the laws and constitution of this 
Commonwealth : And may hold and purchase land for 
the erection of a house for public worship thereon, and 
may purchase and hold real and personal estate, the an- 
nual income of which shall not exceed the sum of tz&o 
thousand dollars, for the purpose of building a meeting- 
house, and supporting public worship therein. 

Sect. 2. Be it further enacted. That the shares in 
said corporation shall not exceed one hundred in number, 
and shall be considered as personal estate : Provided a!- 
xmijs, that the certificates and transfers of the same, shall 
be recorded in the registry of deeds for the county of 
Middlesex. 

. Sect. 3. Be it further enacted. That whenever any 
proprietor shall neglect or refuse to pay any tax or assess- 
ment duly voted for the purposes of this corporation, and 
d upon by said corporation, to the treasurer thereof, 

within 



MEETING-HOUSE, June \5, An. 1S05. S^ 

within thirty da^s after ih'e same shall be made payable, 
the said treasurer is hereby authorized to sell, at public 
Vendue, the share oi' shares of such delinciucnt proprietor, 
to defray said lax and necessary charges, after pul)lishing' 
notice in one of the newspapers printed in Boston^ of the 
sum due on such share or shures, and of the time and 
place of sale, at leai^t thirty days previous to such sale, 
and a certificate of the same sale luider the hand of the 
president and clerk of the corporation, shall transfer and 
vest all the right, title and interest of the delinquent in 
the share or shares thus sold to and in the purchaser ; and 
if the same share or shares thus sold, shall sell for more 
than the taxes and assessments thereon due, the overplus 
shall be paid over to said delinquent by the treasurer on 
demand. 

Sect. 4. Be it further enacted^ That each propri- 
etor, or his agent duly authorized in writing, shall have a ^'^'it to vote, 
right to vote in all meetings of said corporation, and 
be entitled to as many votes as he holds shares : Provided, 
that no person shall be entitled to more than ten votes. 

Sect. 5. Be it further enacted. That a meeting of First Meeting. 
said corporation shall be holden at the house of Josiah 
.Mason, jun. innholder, in said Cambridge, on the twenty- 
fifth of June instant, for the purpose of choosing a presi- 
dent, treasurer and clerk, and such other officers as shall 
be deemed necessary, and also to agree upon a mode of 
calling meetings of said corporation in future. 

Sect. 6. Be it Jurther enacted. That the several offi- officers to be 
cers of said corporation shall l)e chosen annually, by a ma- c^'osen annuai- 
jority of votes given in at the time of the election, and 
that the day of the annual election shall be established at 
the first meeting of said corporation. 

Sect. 7- And be it farther enacted. That the president President and 
and clerk of said corporation, shall siiin the certificates of '''^'''^ ^^ ^^'S^ 

>.i 1 i' 4.1 • ^ • ^\ • 4.- certificates. 

the snares oi the proprietors in this corporation. 

Sect. S. Be it further enacted. That the clerk of said ^^^ 
corporation before he enters upon the duties of his office, sworn. " 
shall be sworn to tlie faithful discharge of the same. 

[This act passed June 16, 180 J.] 



E ,. Aa 



J^ BLUE-HILL TURNPIKE. June 15, An. i80J. 

I| An act in addition to an act entitled " an act to establish 

the Blue-Hill Turnpike Corporation." 

s c 1 T^E /V enacted hn the Senate and House of 

El Sect. 1. ■-< „ . .--^ • /. / /» ^ *^ 

Pf . JLP Jiepresentafives^ in Oencral Lourt as- 

sembled^ and bif the uuthoritif of the same^ That the pro- 
prietors of the Blue-Hill Turn})ike Corporation, be, and 
hereby are authorized and empowered to alter the course 
of a part of said turnpike road in Milton, and instead of la}^- 
ing out and making the same from an apple-tree in the land 
of EzraCoutes in said Milton, to the house of Joseph Bab- 
cock, to lay out and make the said turnpike road from said 
New course, applc-tree, to or near to the guide post in Milton, at 
Swift's corner, so called, near to the house of John Swift, 
in Milton. 
' Committee au5 Sect. 2. Be it further enacted^ That the commit- 
tKorized. " tcc already appointed by the Court of General Sessions of 
the Peace to lay out said turnpike road, and to estimate 
the damage that may be done to persons over whose land 
the same may pass, be, and hereby are authorized and 
empowered to lay out said road in the direction last men- 
tioned, and to estimate the damage that may be done to 
any person over whose land the same may pass, in the 
same manner as they are authorized by the act to which 
this is in addition, , 

Sect. 3. Be it farther enacted. That said corpora- 
Toll for maa tiou be, and hereby are authorized and empowered to de-» 
mand and receive for every person and horse that may pass 
the gate on said turnpike road, Jrce cents. 

i[This act passed June 15, 1805.} 



%ND OF JUNE SESSION 1805. 



■LAWS 

PASSED AT THE SESSION COIVIMENCED ON THE 
SIXTEENTH OF JANUARY, 1806, 



imr i i ^^m^Ma w mr fi^ammmB'tKfMmtmaBrrvsa .VLiwnB i ^i'i ' ^i ' ^Bi^ f' i' ''^ 



BOARD OF HEALTH. iW>. 3, An. ISOJ. 

An act to enable the members of tbe JJoard of Health in* 
the town of Boston, iuid the chn'ks in the several wavds 
in said town, to perform their official duties, in the wards 
established in the year of our Lord one thousand eight 
hundred and five. 

BE it enacted hij the Senate and J7<mse of Jlepres'^nta- 
t'lves, in General Court assembled, and b:f the an- 
thitritij of the same. That the mcnnbers of the Board of 
jlealthin the town c^? Boston, and the several clerhsof the 
respective wards in said town, chosen according to the di- 
vision of wards wdiich had been established in the year of 
oin* Lord, one thousand seven hundred and thirtv-five, be, 
and they hereby are required to do their official duties, 
within the wards as cs.tablished by said town, to take place 
on the tirst day of February, in the year of our Lord, one 
thousand eight hundred and six, which bear the numeric- 
al name of those wards for which they may have been 
respecti\'ely choseu, until a JJoard o^ Health and ward 
clerks shall have been chosen according to the division of 
said town into wards as last mentioned : x\nd the mem- 
bers of the Board of Health, and the several clerks of the 
respective wards, and the assistant assessors in said to^vn, 
shall hereafter be chosen within the wards as established 
to take place on the said first day of Fe])ruary, in the year 
uf our Lord, one thousand eight hundred and six. 
[This act passed February 3, F^^(>-1 



Aa 



-S WASHINGTON MIKES. Feb. 5, An. 1S06, 

An act to incorporate AViiliam Frost and others, proprie- 
tors in common of certain mines, called the Washington 
Mines^ in the town of Newfield^ in the eounty of For/t, 
by the name of the Washington Mining Companij. 

c 1 "t? ' ' ^* enacted hij the Senate and House of 

Jt^ I^GP resent at tves^ in General Court as- 
sembled^ and btj the autlioritij of the sanie^ That Willian^ 
Frost, Esq. Samue! Haven, jun. Henry Haven, Wilham 
Names cf per- jQj^pg jjjjj Joseph Gavett, and their associates, propric- 

SOas mcorpora ' , n i rrr 1 • ' tit- 11 1 • 

ted. tors and owners oi the Washington. Mtnes^ so called, m 

the town of Neiofield^ in the county of York^ and their 
successors, be, arid hereby are incorporated by the name 
of the Washington Mining Compamj ; and by that name 
may sue and be sued, with liberty to have and use a com- 
mon seal ; and the same to break and alter at pleasure. 

Sect. 3. Be it further enacted^ That as the said cor- 

poration is intended for the purpose of digging and refining 

Amount of fuller's earth, and exniorinor any minerals or metals, con- 

tapital stock. . ,. ,' . ^i-i r -i /> 

taniert va the mmes they own, in the aioresaid town ot 
Nezcfieid ; that they have libert}'' to employ a capital stock 
of one hundred thousand dollars in said business, including 
the value of their land, and the buildings ^nd works re- 
quisite for improving the said mines. 

Sect. 3. Be it further enacted^ That the property 
Number of of Said Corporation shall be, and hereby is divided into 
Shares. eiglitecu sharcs, which shares shall be deemed personal 

estate. 

Sect. 4. Be it further enacted. That the said cor- 
poration shall have power, from time to time, at any legal 
chosen, Tnd^° i^^t'^ting, to choose a clerk, who shall be sworn to the 
bye-laws made, faithful peiforiiiance of his duty ; a treasurer, and such 
other officers, as to said corporation shall appear necessary, 
and make any reasonable bye-laws, rules and regulations 
for the management of said mining business, not repug- 
nant to the constitution and laws of this Commonw^ealth : 
Provided, tlie proprietors of a majority of the shares afore- 
said, shall he present, and assent thereto ; and in all cases 
■'" votes shall be taken by shares, the owners being present 
cr their legal attorney or representative ; and the said 
Wiiiiam Frost, Esq.^ is hereby authorized to call the first 
meeting, of said corporation, at which meeting said cor- 
poration may agree on the mode of calling meetings in 
future. 

Sect. 



IPSV/ICn RIVER. Teh. 11, An. 180G. J, 

Sect. 5. Be it further enacted. That at a)iy lesral Assessments 

n • \ ,- • -^ r iU • 1 may belaid, i 

meeting of said cor})oratioii, a majority ot the proprietors delinquents' " 
of said shares present, may assess such sum or sums of •'^''^'■«* '"''<*• 
money on said corporation, as they shall deem neceiisary to 
^lefray the expenses that have arisen or shall arise in the 
managf'uient of their busiiu^ss aforesaid, and fix the time 
wlien it shall be paid to the treasurer ; and in case of de- 
linquency, may direct the treasurer to sell the dehnquent's 
share or shares, to raise the sums assessed and charges of 
the sale, in the same way and manner which is provided 
in the t<^nth section of an act, entitled, " An act defining 
the general powers and duties of turn])ike corporations," 
passed in the year of our j<ord, one thousand eight hun- 
dred aiul five. 

Sect. 6. Be it further cnactaU That f.aid shares shall 
be transferable by certificate under the seal of the corpo- Transfer of 
ration, a record thereof being made by the clerk, in a book ^ ^^^' 
kept for tliat purpose, and in no other manner, except as 
provided by this act ; and the exhibit of such certificate^ 
50 recorded, shall entitle the purchaser^ his heirs and as- 
signs, to hold the same forever. 

Sect. 7. Be it further enacted^ That said shares shares liable w 
shall be liable to attachment on mesne process, and to be ^"^^^^n*^"*- 
sold by execution, in the same way and manner which is 
provided in and by an act, entitled, " an act directing the 
mode of attaching on mesne process, and selling by ex- 
ecution, shares of debtors in incorporated companies," 
passed in the year of our Lord, one thousand eight hunr- 
dred and five. 

[This act passed Feb. 10, 1806.] . 



An act in addition to, and for repealing a certain clause 
in an act, passed March twenty-eighth, in the year of 
our Lord, one thousand seven hundred and eighty- 
eight, entitled " an act to prevent the destruction of 
Alewives and other fish in Ipswich river, lind to en- 
courage the increase of the same.^'' 

Sect 1 LJE it enacted hy the Senate and House of 
Jl) Representatives, in General Court as- 
sembled, and bij the authoritij of the same. That the fu- The improve 
ture using and' improvine: of Rarnabas Dodsre's saw-mill, "T;';'tofDodg^ 

.J. ° f . /^ . « -_^ , ... ,^ -, ,' mill, for a cd 

Standing on Ipswich river, at Warners mill-dam, so called, tain time, to ^ 
within the towns of Ipswich and Hamilton, from the last ^"ctminTeTec 
day of April to the first day of June, annually, shall be men. 

under 



ASllRY TURNPIKE. Feh, 11, An. I806. 



under the directions, regulations and restrictions of the 
major part of the selectmen of the towns of Ips-* 
Zi'ic/i, Hamilton^ Tops/ie/d, Middlefon and Rcadins;^ for 
the time being ; such directions, regulations and re-. 
strictions, being made in writing under the hands of the 
major part of the selectmen aforesaid, and delivered to the 
said Dodge from time to time as shall be found necessary. 
Sect. 2. Be it furtker enacted^ That for every omis-. 
Penalties for ^^i^^H ^ violatiou of such dircctious, regulations or rcstric 
disabejring the tious as aforcsaid, the said Dodge shall be subject to such 
penalties and foifeitures as are incurred by an act entitled 
"an act to prevent the destruction of alewives and other 
fish in Ipswich riv^er, and to encourage the increase of the 
same," for using and improving said mill, within the term 
aforesaid ; to be sued for, " recovered and applied in man- 
ner as is prescribed in the said act. 

wSect. 3. Be it further enacted^ That the sixth clause 
of the aforementioned act, so far as it respects the using 
Part of former ^nd improving the said Dodge's saw-mill, within the term 
an repealed, thercui mentioned, shall be, and hereby is repealed. 

[This act passed Feb. 11, IS06.} 



An act to establish a corporation by the name of the 
Aslihi] Tnrnpike Qorporution. 

BE it enacted hij the Senate and House of Representor 
fives, in General Court assembled, and hij the au- 
tlioritij of the same. That Abraham Edwards, Allen Flagg, 
Stephen Wyman, Gushing Burr, Alexander T. Willard, 
Robert W. Burr, Aaron Warren, Ebenezer Stone, Asa 
Stratton, V/illiam Stearnes, Samuel Rice, Lewis Gould 
and Stephen Patch, together with such others as have, or 
may hereafter associate with them, their successor and 
assigns, be, and they are hereby made a corporation, by 
the name of the Ashbij Turnpike Corporation, for the pur- 
pose of laying out and making a turnpike road, from the 
state line between Newhampslnre and the Commonwealth 
of Massachusetts, near the house of William Kendall, 
and from thence to the south side of Wantatook hill, qind 
from thence through Ashhj, to Townsend-B lain, in Tozcns- 
end, near Joel Butler's ; and for this piu'pose shall have 
all the powers and privileges, and be subject to all the duties, 
requirements and penalties contained in an act, entitled 
'^ an act defining the general powers and duties of turnpike 

corporations^'' 



NORTON TURNPIKE.. Feb. 11, An. 1800% 5^ 

corporations^^^ passed the sixteenth day of jNIarch, in the 
year ot" our l.c>r(l, one thousand eight hurv.lred and 
five. [This act passed Feb. 11, 1*%)6.] 



An act to establish a corporation by the name of the 
Norton Tdrnpilxc Corpoj-at'ion, 

i;^ . 11 E it enacted hi.f the Senate and House of 

fj Represcntutrceii, in General Court as- 
semhled, and tjtj the aiithoritij of the same^ That Silas 
Cobb, Joseph iieuins, Benjamin Bates and Elijah Crane, 
together "with such persons as may hereafter associate with Persons incor- 
them, and their successors and assigns, shall be a corpora- Joi?rl?of aTe"* 
tion, by the name of the Norton Turnpike Corporation^ for roaJ. 
the purpose of making a turnpike road : Beginning at the 
boundary line betAveen this Commonwealth and the state 
of Rhode-Island, at Warren ; thence to or near Norton 
meeting-house ; thence to or near the meeting-house in 
Mans/ield ; from thence running;- to the west of JMi^shapog 
pond, and to or near Sharon meeting-house ; and from 
thence into the Taunfon-road, at or near school-house 
number three, in Canton^ as nearly straight from each 
mentioned place to the other, as a locating committee shall • 
think will best accommodate the public : And for this 
purpose, shall have ail the powers and privileges, and be 
subject to all the duties, requirements and penalties con- 
tained in an act, entitled -' an act defining the general 
powers and duties of turnpike corporations," passed the 
sixteenth day of March, in the year of our Lord, one 
thousand eight hundred and five. 

Sect. 2. Be it further enacted, Tihat said corporation ,Von,., 
is hereby allowed to grant monies to such persons as have i^e granted. 
rendered services to the proprietors, in exploring the rout 
of the turnpike road, or otherwise ; previous to this act 
of incorporation, or to such persons as have advanced mon- 
ies to pay any expences which may have accrued. 

Sect. 3. Be it further enacted. That when the said 
turnpike road shall be approved by committees to be ap- 
pointed by the Courts of Common Fleas, in the respective f„^"J/,^5"„*^. 
counties through which said road shall pass, then said road isapp"oT-" 
corporation shall be authorized to erect four turnpike ^'^* 
gates, or such a nitmber of half toll gates, as not to exceed 
four whole toll gates, on the said road, as the aforesaid 
committees shall direct. 



rosy 



[This act passed Feb. 11, 1806.] 

Aa 



Sect. 1. 



10 KORTIIBORO' AND BERLIN. Feb. U, An. i8o6: 

An act to set off part of the town of Northboroiigh^ and 
annex the same to the district of BerUn^ and to set 
bff part of saf?[ district of Berlin, and annex the i»ame 
to the said town of Northboi^ough. 

"jOE it enacted by the Senate and House of 
-*-^ Representatives^ in General Court as-- 
3embled^ and by the authoritij of the sume-^ That all 
the lands and buildings thereon, lying northerly of the line 
boundaries of herein descrihedj belonging to the town of Northboi-oughi 
th« lands setoff, in the county of Worcester^ be, and hereby are set off 
from the said town of North borough, and annexed to the 
district of Berlin, in the same county of Worcester ; and 
that all the land lying southerly of said line, belonging td 
the said district of Berlin, be, and hereby is set off from 
said district of Berlin, and annexed to the said town of 
NorthborouQ'h : viz. said line beoinnino; at a stake and 
stones on the line betw^een Marlborough and said Berlin, 
twenty-four rods from the northwest corner of said Marl- 
borough ; thence north, thirty-three degrees west, two 
hundred and twenty-six rods, to a stake and stones on the 
line between said Northborough and said district of Ber^ 
I in. 

Sect, 2. Be it further enacted. That there be thir- 
Aitiration in ty-six miUcs tdkcn from the sum set against said town 
oi Northborough by the last valuation to pay to one thou^ 
sand dollars state tax, and added to the sum set against 
said district of Berlin : And in future all state and coun- 
ty taxes against said town and district to be governed ac- 
cordingly, until a new valuation is taken. 

[This act passed Feb. lo, 1806.] 



%hi valuation. 



An act to establish a company, by the name of the Wor-^ 
cester and Stafford Turnpike Corporation. 

^ "TXE it enacted hj the Senate and House 

bECT. 1. J3 of Representatives, in General Court 
assembled, and by the authoritij of the same. That David 
Wight, jun. Timothy Newell, Samuel Hobbs, Thomas 
Upham, James Johnson, John Tarbell, Abijah Shumway, 
Nam«ofper. SimcoH Allen, Abel Allen, Abel Allen, jun. Samuel 
sons incorpo- Shuuiway, Comfort Johnson, Stephen Harding, Ohver 
Morse, Alpheus Wight, John Hunger, Stephen Need- 
ham, James Tiffany, Samuel Willard, Humphrey Need- 
ham, Joseph Pratt, HoUowell Perrin, Jacob Thompson, 

Ezra 



nkted. 



WORCESTER & S. TURNPIKE. FeL \5, An. 1806. 41 

Ezra Webber^ Isaac raitridge, Nehemiah May, Joshua 
Barrett, and Tcrrence Webber, together with such othei-s 
ns aheady have, or may hereafter associate with them, 
their successors and assigns, be, and they liereby ar(? iTAade 
a corporation, by the name of tlie Worcester and Stajford 
Turnpike CorporiUlo)i^ for the purpose of locating, mak- Course of th? 
ing, and keeping iu good repair, a turnpike road, from the ^'^^''• 
■post road in the town of Worcester^ through the towns of 
Leicester^ Charlion, SinrbruJ^i^'e^ Holland and Soulh-Brhi' 
Jield^ to the hne between Massachusetts and Connecticut, 
and so as to meet the Hartford turnpike, in the town of 
Sfoflbrd, in the state of Connecticut, or through a corner 
■of Brimfield, as the committee herein named, shall direct : 
And for this purpose, shall have all the powers and privileges, 
and shall also be subject to all the duties, requirements and 
penalties prescribed and contained in an act, entitled " an act 
defining the general powers and duties of turnpike corpora- 
t ons," passed the sixteenth day of ]March, in the year of 
•our Lord, one thousand eight hundred and five. 

Sect. 2. And be it further enacted. That Salem Town, 
Abner Brown, and Aaron Marsh, EsqVs. be, and they Committee au- 
hereby are appointed a committee to locate said road in 
the best direction, according to their best skill and judg- 
ment, from the post road in Worcester, to the end of the 
Statibrd turnpike, at the line of this Commonwealth, in 
South-Brinifield ; and the said committee are hereby em« 
powered to assess such damages as any individual may 
sustain by reason of laying out and making said road, 
when the corporation and such individual cannot agree, 
reserving to eitlier party the right of trial b}^ jury, accord- 
ing to the law which provides for the recovery of damages 
accruing by the la3'ing out of public highways : And 
when the said committee have completed their business, 
they shall make return to the next Courts of General Ses- 
sions of the Peace, to be holden in the counties of Wor- 
cester and Hampshire^ of the courses, and distances, and 
damages assessed in each county ; which shall have the 
same effect, as though the same h<id been done by a com- 
mittee appointed by said Courts, for the same purposes ; 
and that the expence of the said committee shall be paid 
by the said corporation. 

[This act passed Feb. 13, 180G.] 



An 



42 INSURANCE...WRrrSOFERUOn. Feb. U, An. 1S06, 

An act in addition to an act entitled " an act to incor- 
porate WilJiam Bartlett and others, into a eompanyv by 
the name of the Nezvburuport Marine Instirunce' Vom^ 

^i^/^-n 1 "W^^' ii enacted hij the Senate and House of 
-*-^^ Jxepresentatires, m uenerat Court a.^- 
semhled, and bij the . authoriti/ of the same, That th6" 
ten til section of the act entitled " an act to incorporate' 
William Bartlett and others, into a company, by the name of 
the Ne<;::buriiport Marine Jnsuronce Companu^^ which is- 
in the words following, viz. " And be it further enacted^ 
That no person, being either singly or as a partner with 
one or more person?, amember of any other company, car- 
rying on the business of Marine Insurance in said Neicbu- 
^rijport, shall be eligible as a director of the company by 
, this act established," be, and hereby is repealed. 
/ Sect. 2. Be it further enacted^ That from' and after 
the passing of this act, no person, being a director in any- 
other Marine Insurance Compan}', shall be- a director of 
the Newburijport Marine Insurance Compamj, incorpora--- 
ted by the act to which this is in addition. 

[This act passed Feb. Ij, 1806.] 



w 



Writs of Er 
TOr to be sued 



An act for limiting the times within ^^'hich Avrits of error 
shall be brought for the reversing of an}^ judgments. 

HEREAS it is expedient that titles, estates 
and interests, depending on judgments recover- 
ed at law, should be quieted after a reasonable time expir- 
ed after the rendition of such judgments : therefore, 

jBi? it enacted bif the Senate and House, of JRepre- 
u^ ^u<=u ^^^"'^^^'-'^^y "i General Court assembled, and bij the au- 
out within 20 thorify of the same. That no judgment in any action er 
years. g^it heretofore, or which hereafter may be rendered, shall, 

from and after the passing of this act, be reversed or avoid- 
ed for any error or defect therein, unless the writ of error 
brought for reversinof the same be sued out within twentv 
years next after the rendition of such judgment. 

Provided ahcai/s, that if any person who is or shall be 
entitled to such writ of eriK)r, shall at the time such ti- 
tle accrued, be within the age of twenty-one yeai*s, covert 
or non compos mentis : then such person, his or her heirs, 
executors or administrators, notwithstanding the said twen- 
ty years expired, may bring a writ of error for the revers- 
ing* 



FiOViSOi 



I^IIOVING ACTS— COURTS. Feb. \5, An. 1S06\ 43 

iiig- of any siu^h judgiiicnt. as such pjrsou mi,i;ht hcive done 
in case tliis act lui'i not bet-n made, so as the same writ of 
error be sued out witiiin five years after the coming of age, 
discovcture, coniinc of so.uud uiind or deatli of such person, 
whichever shall fust happen, and not afterward:*, 
[This act passed Teb. 15, 1S06.] 



An act j:irescribing the manner of proving private Acts and 
Resolves of this Commonwealth, in Courts of Law\ 

BVj if enacted bif the Senate and Fiousc of Reprcsenta^ 
fives, in Genera/ Court assembled^ and bif the an- 
thorifii of the same, That the printed copies of the pri- 
vate Acts and Hesolves of this Commonwealth, w^hich 
now are, or hereafter shall be printed by and under the 
autb.ority of the Legislature of this Commonwealth, shall 
be admitted as good evidence thereof in all Courts of law, 
without any further proof whatsoever. 

[This act passed February' 15, ISOG.] 

An act exempting Cobbossce Contee River, in the town of 
Gardiner, from the operation of all laws regulating the 
Salmon, Shad, and Aiewive Fisheries. 

BE it enacted hij the Senate and House of Representa- 
tives, 1)1 General Court assembled, and bij the an- 
ilioriiif of the same. That all laws heretofore made, which 
regidato the fishery of Salmon, Shad and Ale wives, in Cob- 
bossce Contee River, so called, within the town of Gardi- 
ner, in the county of Kennebec, or that respect any 
mill-dam across said river, be so for repealed, that from 
and after passing this act, they shall cease to operate, 
or have any eftect, so far as respects said river, or any part 
thereof. 

[This act passed Feb. 17, 1805.] 

An act establishing the times and place of holding the 
Court of General Sessions of the Peace, within and for 
the county of Essex. 

Sect 1 T-J ^ ^^ enacted hi/ the Senate and House of 
MJ Representatives, in General Court as- 
sembled, and bij the authoritij of the same. That from and 
after the passine: of this act, the Court of General Sessions 

of 



4i YORK COURTS. * Feb. 21, An. 1806. 

of the Peace for the county o{ Essex ^ shall be holden at 
Ips:&'u-h, within snd for the county oi Essex;, on the sec- 
New t«rn:s, ond Tucsday of April, and the second Tuesday of Oc^ 
tober, annual!) ; and all writs, processes, recognizances, 
and other matters and things, returnable to, or continued 
at the term of said Court, heretofore by law to be holden 
v/ithin and for the county of Esse.i\ on the last Monday 
of March next, shall be returnable and stand continued 
to, and have day in said Court, which is hereby to be hoi- 
den in and for said county on the second Tuesday in April 
next. 

Sect. 2, Be it fnrflier enacted^ That all laws here- 

^"""Sd'^"^' tofore made and passed, fixing and establishing the times 

" ^ and places of holding the Court of General Sessions of the 

Peace within and for said county of Essex^ be, and the 

same hereby are repealed. 

[This act passed Feb. 17, 1S06.] 



An act establishing the times and places of holding the 
Courts of Common Pleas, and the Courts of General 
Sessions of the Peace in the county of York. 

S TTJE if enacted h'j- the Se)2ate and House of 

Jl^ Representatives^ in General Court as-, 
semhied, and btj the authority of the same. That from and 
after the passing of this act, the Courts of Common Pleas 
within and for tlie county of York\ shall be holden at York, 
. on the third Monday in April ; at Alfred, on the second 
Monday in September ; and at Biddeford, on the first 
Monday in January, annually. And the Courts of Gener-. 
al Sessions of the Peace, within and for the county of 
York, shall be holden at York, on the Thursday next pre- 
ceding the third Monday in April ; and at Alfred, on the 
Thursday next preceding the second Monday in Septem- 
ber, annually. 

Sect. 2. Be it further enacted, That all actions, suits, 

appeals, plaints, bills, informations, recognizances and 

_ . thintrs whatsoever, now pending by continuance, appeal 

Bu-iiness trans. ^, . , • i "^ i i° '^p j T^ i 

ieied. or Otherwise, or which may be hereaiter commenced to be 

heard and tried at the Court of Common Pleas to be hol- 
den at Yoidi, within and for the county of York, on the 
fourth Monday in April next ; shall be continued to, have 
day in, acted upon, heard and tried at the Court of Com- 
mon Pleas, to be holden at York, by virtue of the first 

sectioa 



New terms. 



IJJAil r.OODKNOlJGH, Feb, 22, An. 1806. 45 

section of Hiis act : And all pctilioris and other matters 
and things continued to, now pending in, or to be com- 
menced at the (.'ourt of General Sessions of tlie J-^eace, to 
be holden at Yorky within and for the county of YorL\ on 
the Wednesday ne:kt preceding the third Tuesday of April 
next ; shall be continued to, have day in, acted upon, 
heard aiid determined at the Court of General Sessions of 
t\ie Peace, to be holden at York, by virtue of the first 
section of this act, 

Sect, 3, Be it further enacted^ That all laws hereto- F,jrmor lawa 
fore made, establishing or altering the times and the places repealed. 
of holding the Courts of Common Fleas, and the Courts 
of General Sessions of the Peace, within and for the coun- 
ty of York^ be, and the same are hereby repealed. 

Sect. 4. Be it further enacted ^ That the secretary Secretary di- 
shall cause this act to be published mXkiii New-Raglaud^^'^^^^' 
l^alladlum, and in the several newspapers printed in Fort- 
land^ as soon as may be. 

[This act passed Feb. 21, 1806.] 



An act for setting ofF Elijah Goodenough and others from 
the first precinct in Boiilston, in the county of Worces-^ 
tcr, and annexing them to the second precinct in BoyU 
stoji, Steriiu.^ and Holden. 

"HEREAS, when the second precinct in Boijlston^ 
Steiiins; and Holden was incorporated, the lands 
now owned by Elijah Goodenough, David Ilathan, Levi Preamble. 
Peirce, Francis Keyes, Jacob Hinds, Ilollis Peirce, John 
Smith and Jonas Holt, included within the lines of the 
said second precinct, were, by the certificate of the choice 
of the owners thereof, reannexed to the first precinct in 
Boijhton^ according to the provision made in the second 
section of the act incorporating said second precinct, and 
they have now petitioned to be annexed to the said second 
precinct : 

Sect. 1. BE it enacted lij the Senate and House 
of Representatives^ hi General Court assembled, Gnd^2n^,<^io^ 
bif the authority of the same. That the said Elijah Good- who are set off. 
enough, David Hathan, Levi Peirce, Francis Keyes, Ja- 
cob Hinds, HoUis Peirce, John Smith and Jonas Holt, to- 
gether with all their lands and tenements, lying within the 
said second precinct, be, and they are hereby set ofi:' from 
the first precinct in Boijlston, and annexed to the second 
precinct in Boijlston, Sterling and Hulden. And 



4G PLUMB-ISLAND TURNPIKE. Feb, 21, An. 1806. 

A}id z^hereaSy Oliver Peirce, William Eames, Jonathan 
riimpton, Daniel Planis, Kdmund Bri,2:ham, Zacharialt 
Child and Thomas Hathcrly, have also petitioned that they 
may be set of]' from the said iiist, and annexed to the said 
second precinct : 
Names of other Sect. 2. Be if further enacted. That they, the said 
f.n;omsetoff. Qiiver Pcircc, William Eames, Jonathan Plimpton, Dan- 
iel Harris, Edm.und Brigham, Z,achariah Child and Thomas 
Hatherly, with their famihes and estates, be, and they 
hereby are set oft' from tlie said first precinct, in the town 
of Boijlston^ and annexed to the said second precinct in 
Bojlston, Sterling and FloUIen. 

[This act passed February 92, 1806. j 



An act to establish a corporation, by the name of the Plumb-^ 
Isla)id Turnpike and Bridge Corporation, 

c^^^ 1 1 ^S it enacted hn the Senate and House of 

oECT. 1. mr^ 7> • • /-r / ^T 

^ J Representatives ^ m iMeneral Court assent-. 
Bridge allowed; hled^ and hi f ine authoritif of i lie ^-2«2e, That Leonard Smith, 
Srrl'^at ^benezer Stocker, Moses Brown, William Bartlett, David 
reeled. Coffin, Jonathan Gage and ,fohn Greenleaf, together with 

all such other persons as have or may hereafter associate 
with them, their successors and assigns, be, and they here- 
by are made a corporation, by the name of the Plumhr Island 
Turnpike and Bridge Corporation^ for the purpose of lay- 
ing out and making a turnpike road from the north-east 
end of Rolf's Lane, in the town of Nczvburij^ in the coun- 
ty of Essex\ in a line as direct as practicable to a point on 
Piumb-Island, about one mile north of Sandy- Beach, sa 
called, and building a bridge across Plumb-Island river, 
and other necessary bridges, and for this purpose shall have 
all the powers and privileges, and be subject to all the du- 
ties, requirements and penalties contained in an act, enr 
titled " an act defming the general powers and duties of 
turnpike corporations," passed March the sixteenth, one 
thousand eight hundred and five : Provided, said bridge 
across said Plumb-Island river, be constructed in the fol- 
lowing manner^ viz, that there shall be a convenient draw 
in said bridge of thirty feet in width, and that there shall 
be a wharf by the side of the draw extending twenty-five 
feet from each side of said bridge, and a plank fixed for a 

towin2;-path through the draw, on the same side with said 

'fill 
wharf, for the convenience of towmg of vessels and boats 

throug;li 



MiNSD ALE— ACTON FISHERY. PeL ^25, An. 1806. 4? 

through said hrklge, and an arch of fifty feet in width iiii- . 
der said bridge, the under side of said arch to be at least 
eight feet above high-water mark, at a common tide : and 
provided, the said draw shall be kept raised, in the night 
time, from the fifteenth day of August, to the first day of 
October, annually, and be raised at all other times, for 
vessels or boats to pass free of toil ; and one lamp shall be 
kept burning over the centre of said arch, and another lamp 
at the draw in the night time, from the said fifteenth day 
of August, to the first day of October, annually. 

Sect. 'i. Be it further enacted^ That said corporation 
te, and hereby are authorized and empowered to demand Toil estabiish- 
aiid receive, tzco cents of each foot person who may pass ^^' ^^' 
the gatCj which may be established for said turnpike and 
bridge ; and that said corporation shall take such effectual 
measures as will prevent all such horses, ileat cattle, sheep 
and swine, as may be found going at large, from passing 
over said turnpike and bridge, so as to get on to the salt- 
marsh, or said Plumb-island adjoining. 

[This act passed Eeb. 24, 1806.]| 



An act to annex the town of Hinsdale^ to the middle dis- 
trict, for the Registry of Deeds, for the county oi Berk-* 
s/iire; 

BE it enacted hij the Senate and House of llepresent- 
atives^ in General Court assembled^ and bij the uu- 
thoritij of the same^ That from and after the passing of 
this act, the town oi Hinsdale^ be, and hereby is annexed 
to the middle district for the Registry of Deeds, in the 
County of Berkshire, and the qualified voters of said town 
shall in fciture vote accordingly, for a Register of Deeds 
for the said middle district. 

[This act passed February 25, 1806.] 



An act authorizing the inhabitants of the town of Acton, 
in the county of Middlesex, to regulate the taking of 
fish, called Shad and Alewives, within the limits of said 
town. 

Sect 1 T?^ '^' enacted hij the Senate and House 

-*-• of Representatives, in General Court 

GSsemhled, and hif the authontij of the same. That from 

and after the passing of this act, it shall be lawful for the in- 

habiuuits 



48 BERKSHIRE BANR. Peb. ^23, An. ISOG. 

The right of habitants oi Actoii, to sell the right and regulate the times,^ 

fis^nngmaybe p|^^(,pg^ j^^d nianner of taking Shc)cl and Alevvivcs within 

the limits of said town, not exceeding, in point of time^ 

three days in a week : And the inhabitants of Said town^ 

at their annual meetings in March or April, are heireby 

authorized and empowered to appoint agents, whose duty 

it shall be to carry into execution the purposes of this act. 

Sect. 2. Be it further enacted^ That the agents a- 

Agents to make foresaid nray, in behalf of said town, and for their use and 

le^accountTiie^ '^^^^^i^ *^i^ t^^*^ fight and reguktc the times, places and 

manner of taking said fish within the town aforesaid : And 

for the proceeds of the sale of said rights said agents shaU 

be held to account with arid pay to the said inhabitantSj 

from time to time in such manner as they shall direct by 

vote in said meetings, in March or April. 

Sect. 3. Be it Jurther enacted^ That the said agents 
Penalty for talc- sball forthwith, after establishing such rules and regula- 
ing the fish con- tions, and determining by whom said fish may be takeUj 
whkh'^maVbe causc a copy thereof, under their hands, to be posted up 
exhibited. in two or more public places within the said town : And 
if any person or persons, other than those to whom said 
right shall be sold as aforesaid, shall take any of said fish 
within the town aforesaid, or if any person or persons to 
whom said right shall be sold as aforesaid, shall take 
any of said fish, at any other time, in any other place^ oT 
in any other manner, than shall be expressed in the condi- 
tions of the sale to them, such person or persons, so of- 
fending, sliall severally and for each and every offence, for- 
feit and pay treble the value of said fish, so taken ; to be 
recovered in an action on the case, to the use of any person 
who may sue for the same 

[This act passed February 9o, 1806.] 



An act to incorporate Simon Lamed and others, by the 
name and stile of the President, Directors and Company 
of the Berkshire Bank. 



Sect. 1 



BE it enacted hy the Senate and House of 
Representatives^ in General Court as- 
sembled, and hy the autltoritif of the same. That Simon 
Larned, Timothy Childs, Joshua Danforth, Daniel Pepoon, 
Names cf per- David Campbell, James D. Celt, jun. Thomas Allen, jun. 
sons incorpora- Xheodore Hinsdalc, jun. Ebenezer Center, Joseph Mer- 
rick, and their associates, successors and assigns, shall be, 
and hereby are created and made a corporation, by the 

name 



!3ERKSHiRE BANK, Feb. 25, An. IS06, 49 

"name and stile of tlie President, Directors and Company 
of the Berkshire j.^ank, and sliall so continue from the first 
]\Ionday of October next, until the first Monday of Octo- 
ber, in the year of our f>ord, one thousand eight hundred 
nnd twelve ; and 1;)y that name shall be, and hereby are 
made capable in la\^/, to sue and be sued, plead and be im- 
pleaded, defeu'.l and be defended in any Courts f^f record, 
'or any other place ^^•hatever ; and also to make, have and 
tise a common seal, and the same agaiii at pleasure to break, General pow- 
alter and renew ; and also to ordain, establish and put in *'"• 
■execution, svj:h. bye daws, ordinances and regulations, as 
'to them shall appear necessary and convenient for the gov- 
i?rnment of saicl corporation, and the prudent management 
of their affairs : provided such bye-laws, ordinances and 
regulations, shall in no wise be contrary to the constitution 
•nnd laws of this Commonwealth: And the said corpora- 
tion shall be always subject to tbe rules, restrictions, lim- 
itations and provisions herein prescribed. 

Sect. 5. Be U fnrtlier enacted-, That the capital 
f^tock of the said corporation shall consist of seveutij-Jrce .^T^^he^^ium- 
f/ioHsand dollars in eold or silver, to be divided into shares be/of shares in- 
oi one hundred dollars each ; and the said sum o^ seventij- bVdSiccr and 
^flve thousand dollars shall be paid in, on or before the first the real estate 
Monday of October, in the year of our Lord, one thousand hdZ*^"^ '^ ^' 
eight hundred and six ; and no discount shall be made at 
said bank, \mtil the directors and company aforesaid shall 
have produced satisfactory evidei>ce to the Governor and 
Council, that the whole of said capital stock has been paid 
in, and actually exists, in gold and silver, in their vaults : 
A.nd the stockholders al their first meeting, shall by a ma- 
jority of votes, determine the mode of transfering and dis- 
posing of the stock and the profits thereof, which being 
entered in the books of the said corporation, shall be bind- 
ing On the stockholders, tlieir successors and assigns : 
Provided., that no stockholder shall be allowed to borrow 
at the said bank until he shall have paid in his full propor- 
tion of the said capital stock : And the said corporation are 
hereby made capable in law to have, hold, purchase, re- 
ceive, possess, enjoy and retain, to then^, their successors 
and assigns, lands, rents, tenements and hereditaments, to 
the amount of ten thousand dollars., and no more at any 
one time ; with power to bargain, sell and dispose of, the 
same lands, tenemeiits and hereditanjents, and to loan and 
negotiate their monies and efteets by discounting on bank- 
ing piinciples, on such security as thev shnll think advjsa- 
G * ble: 



00 BERKSHIRE BANK. Feb. ^5, An. 1806. 

ble : Provided /ion'cver, that notliinfi^ herein contained, 
shall restrain or prevent the said corporation fi-om taking 
and holding real estate on execution, or in mortgage to 
any amount, as collateral security for the payment of any 
debt due to the said corporation. 
Kestrictionsasto Sect. 3. 1)6 it further etKictcd, That the following 
counts'andfeai ^''-'^^s, limitations and provisions shall form, and be the fun- 
cs£aie...who are damcntal articles of the said corporation. First, that the 
diiecforf ; how ^'"^^^ corporatlou shall not issue and have in circulation at 
5tockhoiJers' any one time, bills, notes or obligations, to a greater a- 
becaiieS!what "iouut than tw"ice their stock acually paid in ; neither skall 
officers shall be there be due to the said corporafiou; at any one time, more 
' * ' ' than twice then' capital stock paid in as afoi'esaid : And in 
case of any excess, the directors under whose administra- 
tion it may happen, shall be liable for the payment of the 
;§ame, in their private capacity ; but this shall not be con- 
strued to exempt the said corporation, or any estate, real 
or pci"sonal, which they may hold as a body corporate, froni 
being also liable for, and chargeable with such excess. 
Second, that the said corporation shall not vest, use or im- 
prove any of their monies, goods, chattels or effects, in 
trade or commerce ; but may sell all kinds of personal 
pledges, lodged in their hands by way of security, to aii 
amount sufficient to reimburse the sum loaned, with in- 
terest and charges. Third, that the lands, tenements and 
hereditaments which the said corporation shall hold, shall 
be^nly such as shall be requisite for the convenient trans- 
action of their business. Fourth. None but a member of 
the said corporation^ being a citizen of this Commonwealth, 
and resident therein, shall be eligible for a director ; and 
the directors shall choose one of their ow^n number to acfe- 
as president : and the cashier, before he enters on the du- 
ties of his office, shall give bond, with two sureties, to tho 
satisfaction of the board of directors, in a sum not less than 
/eft thousand dollars^ ^vith conditions for the faithful dis- 
charge of the duties of his office. Fifth. That for the well 
ordering the affairs of the said corporation, a meeting of 
the stockholders shall be held at such place as they shall 
direct on the first Wednesday in October, annually ; and 
at any other time during the continuance of the said cor- 
poration, and at such place as shall be appointed by the 
president and directors for the time being, by public noti- 
fication given two wrecks previous thereto, in a newspaper 
printed in Fittsfidd : at which annual meeting there shall 
be chosen by ballot, seven directors, to continue in office 

the 



BERKSHIRE BANK. Feh. 25, An. 1806. 6\ 

the year ensuing- their election ; and the nurn])er. of votes 
lo which ea(;ii stockholder shall he entitled, sludl be ac- 
cording to the number of shares he shall hold, -in the fol- 
lowing proportions : that is to say, for one share, one vote ; 
and every two shades above one, shall give a right to one 
vote more ; Provided hozipeverj that no one member shall 
have more than ten votes ; and absent members may vote 
by proxy, being authorised in writing. Sixth. The stock- 
holders may make the president such compensation as to 
Ihem shall appear reasonable. Seventh. Not less than 
four directqrs shall constitute a board for the transaction of 
business ; of whom the president shall always be one, ex- 
cept in case of sickness, or necessary absence ; in which 
case the directors present, may choose a cliainnan, for the 
time being, in his stead. Eighth. All bills issued from 
the bank aforesaid, and signed by the president, shall be 
binding on the corporation •, but it sh'all not be lawful to 
issue any bills between five and ten dollars, and thence 
proceeding decimally ; nor more than five per centum of 
their capital stock, of bills under /fi;^ dollars ; and those cii' 
the denomination of one, tiao and three dollars, and of an 
oval form, of the same impression as the other banks of 
rhis Commonwealth are by law allowed to issue. Ninth. 
The directors shall make half yearly dividends of all the 
profits, rents, premiums and interests of the bank aforesaid. 
Tenth. The directors shall have power to appoint a cash- 
ier ^ clerks, and such other officers for carrying on the busi- 
ness of said bank, with such salaries as to them shall 
seem meet. Eleventh. No director of any other bank shall 
be eligible to the office of director of this bank, although 
he may be a stockholder therein ; and any director accept- 
ing an office in any other bank, shall be deemed to have 
vacated his place in this bank. 

Sect. 4. Be it further enacted. That the said bank Bank tobe kept 
shall be established and kept in the town of Fittsjield, in at putsjieid. 
the county of Berkshire. 

Sect. 5. Be it further enacted. That any committee 
specially appomted by the Leofislature for the purpose, Legislative 

1 «/ X i */ o ^ ■«■ ■ I ^ * com nut t*ic iniv 

shall have a right to examine into the doings of the said examine books, 
corporation, and shall have free access to all their books *^ f n'f'^^i^'"' 
and vaults ; and if upon such examination, and alter a tull feited, if th« 
hearing of the said corporation thereon, it shall appear evi- ^"ofcompiied* 
dent that the said corporation have exceeded the powers with. 
lierein granted them, or failed to comply with any of the 

rules, 



A>. CERKSIHRE BANK. Fch, t'5, An. iao6. 

rules, restrictions aud conditioiw in this act provided, their 
charter cf incorporation shall thereupon bjs declared forfeit- 
ed and \ oid. 
First laeetin- of Sect. 6. 3c it fiirtkcv enactccl ^ That the persons her^-- 
stockhoders— i'^j bcforc named, or any three of them,» are authorized to. 
call a meeting of the members and stockholders of the said, 
corporation * as soon as may be, at such time and place as 
they may see fit, by advertising the same for two weeks 
successively in the Fittsfield Suiu for the purpose of mak- 
ing-, ordaining and. establishing such bye-law^s, ordinances 
and regulations, for the crderly conducting the atfairs of 
the said corporation, as the said stockholders shall deem 
necessary ; and for the choice of the first board of direct- 
ors, and such other officers as they shall see fit to choose. 
Semiannual ^^^.^^ j^ ^^ y fh'f^ier enacted, That it shall be th^. 

made. duty 01 the dn'ectors ot said bank to transmit to the Gov- 

ernor and Council of this Commonwealth for the time be- 
ing, on the first INIondays of January and June, every 
year, and as much oftener as may be rec[uired, accurate 
and just statements of the amouut of the capital stock of 
the said corporation, and of the debts due to the same, of 
the monies deposited therein, of the notes in circulation,^ 
notes of other banks, and of tlie gold and silver and other 
coined metals on hand ; which statements shall be signed 
by the directors, and attested by tJie cashier ; and shall be. 
verified by the oaths of such directors and cashier, to be 
administered by some disinterested magistrate. 
*rhe ork'inai a- Sect. 8. Be it farther enacted^ That the said corpor- 
S"'biiis°to^bT a^ion shall be liable to pay any bona fide holder, the ovi- 
paid. ginal amount of any note of said bank, which may be al- 

tered in the course of its circulation, to a larger amount^ 
notwithstanding such alteration. 
^ , ,. ^, . Sect. 9- Be it further enacted^ That nothino^ contain- 

Barik liable to , . , . , '/, , ' i P • i 

be taxed. cd ui this act, shalL be construed to prevent the legislature 
I'rom taxing the said bank at any time hereafter, when they 
shall judge it expedient. 

Sect. 10. Be it further enacted^ That the Common- 
The Common- wealth shall havc a right, whenever the government 
^ar.ehSsted thereof shall make provision by law, to subscribe to, and 
the bank, becomc interested in the capital stock of the said bank, by 
adding thereto in a sum not exceeding one third part there- 
of, subject to the regulations and provisions, to be by thenn 
made and established. 



Sect. 



coiT.e 



BEUKSIUUL: bank. Feb, 95, An. 1806. 53 

Sect. II. Be It further enacted. That one eighth part «"« eighth of 

1 ' • 1 • I 1 1 1 n 1 I the capital to be 

ot the whole. tuiHis oi the saiu bank, shall always be 'ap- approprme.i for 
propriatccl to loau.'^ to bo made to citizens of this Common- '^'^'f /.'* p;"". 

f' ,.^.. iniii 1 1 mote inc ogri* 

wcahh, and wnerem the threctors sliah wholly ana cxclu- cultural imer- 

sively regard the agricultural interest ; %rhich loans shall ****• 

be nrade in sums of not less than one hundred dollars, nor 

more than fhe hundred dollars, and upon the personal 

bond of the borrower, with collateral security by sufficient 

mortgage of real estate, for a term not less than one year, 

and on condition of [Jaying the interest anrmally, on such 

loans ; subject to such forfeiture and right of redemption, 

as is by law prbvided. I 

Sect. V2. Be it further enacted. That whenever the (.Q^p^^^^i^n ^J 
legislature shall require it, the said corporation shall loan loantotheCom- 
to the Commonwealth, any sum of money not exceeding wuea^reqwlred. 
seven thousand five hundred dollars, reimbursable at five 
annual instalments, or at any shorter period, at the elec- 
tion of the Commonwealth ; with the annual payment of 
interest, at a rate not exceeding jive per centum : Provi- 
ded hozzever, that the Commonwealth shall never at any 
one time, stand indebted to the said corporation, without 
their consent, for a larger sum than seven thousand Jive Itun-- 
drcd dollars. 

Sect. 13. Be it further enacted. That when execu- 
tion shall issue upon any judgment recovered against the Case ofexecu-l 
president, directors and company of the Berkshire Bank, ^'''^'^''^''^'^^^' 
and shall be returned unsatisfied in the whole or in part, ajgainst the pr«- 
the plaintiff may sue out a scire facias against such persons J^^^^'J^ ^"'^ ^^' 
who were president and directors of the same bank at the 
commencement of the original action, and are living ; to 
have execution against their goods and estate : And for 
want thereof, upon their bodies ; and execution shall be 
awarded accordingly, with customary damages and costs ; 
unless the defendants can shew that the said judgment is 
satisfied ; or that the transactions of the said bank have 
been conducted and managed with fidelity, prudence and 
discretion. 

Sect. 14. Be if further enacted. That the said corpo- A premium ot 
ration shall be holden to pay a premium oi ffty dollars, to ^l^^^^'^^ *"* 
every person who shall prosecute, to conviction, in any prosecutor cf « 
court having jurisdiction thereof, any person or persons bX'^'^'^"'"^ *'^ 
who shall counterfeit or alter the bills of said bank. 

Sect. \5. And be it further enacted. That all the bills Bjiistobeprin- 
or notes issued from said bank, shall be printed and mad^ -^' 
from stereotype plates. 

[This act passed Feb. 2o, 1806.] 



i4 OXFORD. Feb, S^, An. 1806. 

An act empowering the inhabitants of that part of the coun- 
ty of Oxford, which hes southwesterly of the town of 
Waferjbrd, to choose a Register of Deeds. 

Sftt 1 f\^ ^^ enacted hif the Senate and House 
-■^ of Representatives, in General Court 
ussemhled, and bi/ the authoriiij of the sama. That the 
towns of Fryeburg, Brownfield and Lovell, and such plan- 
tations and lands, in said county of Oxford, as lie souther- 
ly of Gilead, and westerly of Bethel, Albany, Waterford, 
and the county of Cumherlund, be, and they hereby are 
constituted a district, for the registry of deeds ; and the in- 
Bistrict formed habitants of the said district, are hereby authorized to 
5V^regtS"of ^^^'^se a register of c}eeds, for the same district, in man- 
deeds; mode of ner provided by law : And the register, so chosen, shall 
pSdbed**"" ^^^P ^^^ office within the said town of Fnjebicrg ; and Ju- 
dah Dana, Esquire, a Justice of the Peace within and for 
said county of Oxford, is hereby authorized and empower- 
ed to issue his warrant, directed to the selectmen of the a- 
foresaid tow^is of Fryehurg, Brozvnfield and Lovell, and to 
the assessors of those towns and plantations, authorized by 
law to vote for a register of deeds, within said district : orr 
dering them forthwith to convene the inhabitants of the 
sard towns and plantations, qua^lified to vote for a register 
of deeds, that they may proceed to the choice of some 
meet person, qualified by law, for the office of register of 
deeds ; and ordering the said selectmen and assessors to 
seal up and transmit a transcript of the record of the num- 
ber of votes, and persons voted for, in their repective towns 
and plantations ; together with the warrant, to the Court 
of Common Pleas, next to be holden at Paris, within and 
for the said county of Oxford, on the second Tuesday of 
June next, to be opened and compared with the like re- 
turns, from the other towns and plantations in such dis- 
trict : And the person having the majority of votes, after 
being sworn, and giving bond, as by law directed, shall be 
the register of deeds in said district, and shall continue in 
the said office, until the last day of March, one thousand 
eight hundred and eleven ; and until said register, so chos-. 
en as aforesaid, shall be re-elected, or another person is 
chosen and sworn in his room, unless sooner removed or 
discharged by order of the Court of Common Pleas, for the 
said county of Oxford : And if it shall appear that no 
person has a majority of votes for said office, in said district, 
upon the examination of the returns, as aforesaid, the same 

proceedings 



S. PHILLIPS 4- J. WARi). Feb, 98, An. 1806. U 

proceedings shall be had, as are directed by law, in other 
cases of vacancy in the office of register of deeds. 

Sect. 2. Be it further enacted, That the person cho- Register subject 
sen as aforesaid, shall be subject to the same rules and dis- rules, &i'nvest- 
quahfications, to which registers of deeds for the several ^d with suitabift 
counties are subject : And from and after the first day of p***^"" 
July next, shall be fully authorized and empowered to re- 
gister and record all deeds of conveyance of any lands, or 
other real estate, lying within said district ; and all such 
other deeds and instruments, as may, prof)erIy, be record- 
ed by a county register ; and the records of deeds and in- 
struments as aforesaid, shall be valid, to all intents and 
purposes whatsoever : And the record of any deeds of 
conveyance of any lan*^''- or other real estate, lying within 
said district, which, ati'i^^ the said first day of July next, 
shall be made by any other than the person to be chosen, 
as aforesaid, by the said district, shall be void, and of no 
effect ; and the register, who shall be chosen as aforesaid* 
shall be entitled to the same fees, in the execution of his 
office, as the register of deeds of the several counties are 
entitled to* 

Sect. 3. Be it further enacted. That it shall be the , .. 

duty of the present register of deeds, for the said county of cords^ tot? dJl 
Oxford, to deliver over all such records as he shall have'*iv^''ed'o*e»:&i 
made, as register of deeds for the northern district of the chosen* *^ 
county of York, and for the county of Oxford, to the re- 
_ gister who shall be chosen for the district which is hereby 
constituted. 

[This act passed Feb. 26, 1806.] 

An act to set off Seth Phillips and Jabez Ward, from the 
town of Gerry, and to annex them to the town of 
Athol. / 

* 

BE it enacted by the Senate and House of Represent- 
ativcs, in General Court assembled, and bif the au- 
thority of the same. That Seth Phillips and Jabez Ward, 
with their families, and all those parts of their lands which 
are within the bounds of the town of Gerry, be, and they 
are hereby set off from the said town of Gerry, and shaU , 
be annexed to, and made a part of the town of Athol : 
Provided however, that the said Phillips and Ward, shall be 
holden to pay their respective proportions of all state, coun- 
ty, town and parish taxes, assessed upon them, and due ^ 
to the said town of Gerry, prior to the d^Ue of this act:\ 

And 



MASS. FIRE INSURANCE, March 3, An. 1806. 

And that the sum of one cent, be, and hereb}^ is deducted 
from the proportion of the last state valuation, set to the 
town of Gerry, and added to the proportion of the state 
valuation set to the town of Athol. 

[This act passed Feb. g8, I806.J 



An act in addition to an act, entitled, " an act in addition 
to an act to incorporate sundry persons by the name of 
the Massachusetts Fire Insurance CGmpanyJ' 

] o . IJE it enacted hij the Senate and House of 

• ?e"of shalelt ' J3 Representatives, in General Court as- 

i amount of cap- semblcd, and bif the authoritij of,S\if same^ That from and 
! *"^' after the passing of this act, thti^^apital stock of the said 

Fire and Marine Insurance Companij, shall be divided in- 
to shares ol Jiftij dollars each, and the whole number of 
shares shall be eight thousand ; and the whole capital stock 
and property, which the said company shall be authorized 
to hold, shall never exceed the sum o^ four hundred thou- 
sand dollars, exclusive of premium notes, and profits aris- 
ing from their business : And the president and directors 
shall not be allowed to insure any sum, by which they shall 
* hazard, on any one risk, more than seven and an half per 

centum of the amount of their capital stock ; any thing in 
^ny former act to the contrary notwithstanding. 

Sect. 2. Be it further enacted. That nothing in this 
defnot to°bo act coutaiued, shall prejudice or affect any policy of insur- 
affected. aucc heretofore made by said company ; but in case of any 

loss or losses arising or happening on any such policy, here- 
tofore made, the party insured thereby, shall have the same 
remedy, and the estate of each proprietor or stockholder 
shall be held accountable theretbr, in the same manner, 
and to the same amount, as if this act had not been 
made. 
N© part of cap. Sect. 3. Be it further enacted. That no part of the 
dravJn turcx- Capital stock of the said corporation, shall be withdrawn 
isting contracts ]^y ^^ proprietors thereof, until every contract of insur- 
ance now existing, is discharged and terminated. 
[This act passed March 3^ 1806.] 



An 



NANTUCKET BANK. March S, An. 1S06. 67 

An net further to ooiitiime in force an act entitled " an ' 

act to incorpunite suiKUy persons, by the name of the 
President and Directors of the Nautiicket Bauk.''^ 
^ "13 ^ ^^ enacted hij the Senate and House of 

J5ECT. I. J-^ Representatives, in General Court oS' f^^^l^ZJdTa 
semhled, and tjij ike uufhor'tlij of the same^ That the act force. 
entitled " an act to incorporate sundry persons by the 
name of the President an<.l Directors of the Nantucket 
Banic^'* wliich passed the twenty-seventh day of February, 
in the year of our Lord, one thousand seven hundred and 
ninety-five ; also one other act, entitled " an act in addi- 
tion to an act entitled an act to incorporate sundry per- 
sons l)y the name of the president and directors of the Nan- 
tucket Bank^\ which ])assed the first day of March, in the 
year of our Lord, one thousand seven hundn^d an.d ninety- 
, scv'.^n, ])e, and hereby are continued in full force and ef- 
fect, until the first Monday in October, which will be in 
the year of our Lord, one thousand eight hundred and 
twelve. 

. Sect. 2. Provided hon: ever, and be it further enacted, r^e-<tx\crw^^ ns 
That from and after the fust day of Jnlv next, the said ''^ ^'"^ '^^ "^^ '*" 
corporation shall not issue bank bills of a less denomina- 
tion than five dollars, to a larger amount than five per 
cent, upon their capital stock, nor any intermediate bills 
between /iuf and ten dollars, and thence proceeding deci- 
mally ; nor shall make any loan upon monies actually de- 
posited in said bank for safe keeping. 

Sect. 3. Be it further enacted. That the said corpora- The original a- 
tion shall be liable to pay to any bona fide holder, the origin- ™rb!n "^t^'b"' 
al amount of any bill of said bank, altered in the course of paid. 
its circulation to a larger amount, notwithstanding such 
alteration. 

Sect. 4. Be it further enacted. That nothing contain- Bank- liable to 
ed in this act, shall be construed to prevent the Legisla- ^"^ ''*'""*• 
ture from taxing said bank, at any time hereafter, when- 
ever they shall judge it expedient. 

Sect. 5. Be it farther enacted. That the Common- .p. ^ » 

wealth shall have a right, whenever the government there- wealth muyb" 
of shall make provision by law, to subscribe to, and be- rj;^"jJ^'*Jj!^'J|j^^''® 
come interested in the capital stock of said bank, by ad- 
ding thereto a sum not exceeding thirtij thousand dollars ; 
subject to the rules, regulations and provisions to be by 
them established. 

Sect. 6. Be it further enacted. That M-henever the 

Legislature .shtll require it. tWe said corporitiiun yhali luun 

LI to 



BRIDGE IN SALEM. March 3, An. 1806. 

■wjaltli to have 



Common- X.0 tlic Said Commonwealth, any sum of money, not ex 



:mii to nave ,. , i i ij ■ ^ ^ " 

right to a cecuing tK^entif tlwusand dollars^ rennbiirsable at five an- 
'^" nual installments, or at any shorter period, at the election 

of said Commonwealth, with the annnai payment of inter- 
est, at a rate not exceeding five per centum : Provided 
hoii:e~jer, that said Commonwealth shall never, at any one 
time, stand indebted to the said corporation, without their 
consent, for a larger sum than tzvenfif ihoiisand dollars. 
[This act passed March o, lb;06.J 



An act to incorporate Ezekiel Ilersey Derby and others, 
for the purpose of building a bridge over South-river in 
Salem. 



w 



Preamble. 



"HEREAS a bridge from Market and Front-streets, 
in Salein., over South-river, to the way lately laid 
out by the selectmen of Sale/n, will l>e of great public u- 
tility, as well as highly beneficial to the inhabitants of 
said town ; and Ezekiel Ilersey Derby and others, hare 
petitioned this court for an act of incorporation, to empow- 
er them to build said bridge : 

Sect. 1 . BE it therefore enacted bi.f the Senate and Iloti&e 
of liepresenta-tiveSy in General Court assemhled., avd 
hf the authority of the same, That Ezekiel Hersey Der- 
by, and sucli persons as have associated, or may associate 
^nera paw- ^^.j^j^ him^ for the purpose of building said bridge, shall be 
a corporation and body politic, under the name of South 
Salem Bridge ; and shall so continue for and during the 
term of four years, from ami after the passing vS this act ; 
and by that name may sue and prosecute, and be sued 
and prosecuted to final judgment and execution ; and do 
and sutfer all other matters and tilings which bodies politic 
may or ought to do and suffer : And the said corpora- 
tion shall have full power and authority to build a bridge 
over said river, at the place aforesaid, and to purchase and 
hold real estate, to the value of txventy thousand dollars ; 
and also to make, have and use a common seal, and the 
same to break, alter and renew at pleasure. 
r.rartner of Sect. i2. Be it further enacted. That the said bridge 

blukiing the over South-rlvcr aforesaid, shall be well built, at least for- 
^no^ge i.re.cri- ^^ £^^^ widc, of good and suitable materials ; and be v/ell 
covered with gravel, plank or timber on the top, suitable 
for such a bridge ; with sufficient rails on each side, for 
the safety of piKsseugers : and the said corporation shall al- 
so build a convenient and su-fficiout draw, or passage way, 

over 



lilVlDGR IN SAL1:M. March :>, An. 1S06. ^'^ 

over the clunin.l of said river, ^r the p^issiiig^ anil re{)as^ 
ino- of vessels through s u.l bridge : And sha 1 also ^^^^M 
at"the clruxv, a well constracted and substautuil pi«r wli.rt, 
OH each side of said bridge, and ad)Oining; the draw every 
vay sulliuient ibr vessels to lie at, securely ; and a^l yc.ds 
intending to pass the said draw, shall be free oi cha^c, at 
^e aid wharf or pier, until a suitable tin^ shal oft ei^^r 
^.sing tlie same : And it shall be lawful for said corpora. 
Ln to make the leaves of the draw tweaty'feet long, in- 
stead of fortv feet, the width of the bridge. , 

Q cT -3 *' Beh farther enacted, That the Justices of n.w ro.*t«b. 
th^Sir^ofGenerd Sessions of the j>e.i.e tor the co^.ty - ^^^• 
Ji Essex, shall be, and hereby are authored ana directed, 
on application of the said corporation, to lay onta:highvvay 
f>-oni Market and Front-streets, aioresaid, to; the elian- 
nd of ^said' river, not less than forty .teet.v^d^ ; npoa 
which, said bridge and piers shaUbebmlt - A^^^, i;^:^ 
corpoi^tion shall be liolden to pay all damages wl^.n ^haa 
SSe to any person bv taking his land for said way : Wiere 
d^^ame cannot be obtained by volnntary agreement to 
be estimated bv a committee of the Court of G.^neral Ses- 
si'>ns of tlie Peace for said county ; saving to eitoer party, 
a ri-ht of trial by jury, according to the ias.^ which makes 
provision for the recovery of damages, by laying out puo. 

^'""silcTT'' J5^ if further enacted. That the said Ezekiel 

Hersey Derby, or any two of his assc^^iates, may, ^>y^^n How ... fi^^ 

•idve'-tiscnrmt in the Salem Gazette, call a meeting ot the ^^,j^j^ „,,^ 

aoSiUlsein.nt ^u U^lrl^n nt anv S\l table what businer.- 

members of said corporation, to be holden at any su-i:..Jie ^^^^^ ^^ ^^^^^^^ 
time and place, after ten days from the puo ication ot said .^ted 
advertisement ; and by vote of the majority ot tnose present 
or represented at said meeting, in all cases accounting and 
allowincr a vote to each single share, thev shall choose a 
clerk, who shall be sworn to the faithful discharge ot his ^ 
dutv • and also shall agree on a method for calling future 
meetings; and at the same, or any subsequent meeting 
may a-°ee to raise anv sum or sums of money they shall 
thiiik "necessary for the purposes aforesaid, and order the 
same to be assessed on the members of said corporation, 
accordino- to the number of shares they respectively ho d ; 
and may'make and establish any rules and regulations that 
shall be necessary or convenient for regulating the said 
corporation, and for effecting, completing and executing 
the purposes aforesaid : Provided such rules and regula- 
tions are mi rep.ignant to the laws and constitution of this 
^ ° Couimouwealth : 



u^ DOLGLAS CONG. SOCIETY. March :), An. 1S06. 

Coaimon wealth : And the said proprietors may also choose 
<\\u\ ap})oint any other olh(^.er or oiheers of llie corporation, 
tiiat tluy may deem necossarv' : And all repnsontations, 
at any meeting-, shall be proved in writing', signed by the 
person making- the same, which shullbe filed with, and re- 
corded by the clerk ; and this act, and all rules, regulations 
and votes oi" the said corporation, shall be fairly and truly 
recorded by the said clerk, in a book or books for that pur- 
pose, to be provided and kept. 
! The biMge to Sect. 5. Be It further ciuicted^ That when said bridge 
betranjfo.redtoj^j^^ picTS shall bc Sufficiently made and built, and shall be 

4ho town of t • «' . p -I 1 t - • 

'sidem. _^ approved by a committee oi the Court or General Sessions 

of the Peace, for the county oi Essex ^ appointed for that 
^ purpose ; the said corporation in;iy transfer and deliver the 

< same bridge and piers to the town of Salem, aforesaid ; 

j which sji.all be obliged to reccdvc, and forever after main- 

tain and keep the same in repair : l*rovided, that the said 
'tovt-n of Salem^ shall, at any legal meeting hereafter to be 
holden for that purpose, accept the same. 

Sect. 6. Be it further enacted^ That if said corpora- 
inrumked!^'^*^' ^^^^^ ^\y^^\ ucglect, for the space ofthree years after the pass- 
ing of this act, to build the said bridge, then this act shall 
bc void. 

[This act passed March 3, 1S06.] 



An act to incorporate the congregational society in the 
town of Uoffg/as, as a religious society, by the name of 
the Congregational Societij in Douglas, 
q 'Il?E it enacted hif the Senate and House of 

■^^-^ Representafiies^ in General Court as- 
sembled, and hif the authoritif of the same. That Elijah 
Moore, Benjamin Wallis, jun. Aaron Marsh, Benjamin 
Dudley, Benjamin Craggin, Caleb Whiting, Edmund Car- 
penter, James Lee, John Farnum, Obadiah Morse, Paul 
Dudley, Ezekiel Preston, Levi Morse, Timothy Craggin, 
Abner Whiting, .Jacob Alorse, Samuel Williams, Amos 
Karnes of per- Huiiies, lUchard Howcll, juu. Elijah Smith, jun. Edmund 
J^telu^rndTcu- Carpenter, jun. John Partridge, ' Benjamin Earned, Sam- 
erai rowers? ucl Balcomc, Josiah Thayer, Henry lliedel, Simeon Marsh, 
~ John AVhiting, Sylvanus Pratt, Oliver Hunt, Thomas Big- 
low, John Bolkcom, Samuel Wallis, Robert Hale, Otis 
Farnum, David Chase, Greenleaf Briggs, Samuel Chase, 
Reuben Ide, Moses tlolbrook, Jonathan Sprague, Marvel 
Morse, Job Knap, Stephen Southworth, Daniel Taylor, 

Ellis 



DOUGLAS CONG. SOCIETY. Mwch 3, An. 1S06. 6% 

EUis Bolkcom, Luke 1{. Stone, John Lor, Nathaniel Car- 
penter^ 'lanothy W lilting, Otis Hunt, John Marsh, Clark 
Hunt, John N. M'illiiuns, Abishai Whito, Daniel Brown, 
J..emLiel Dudley, Philij) Howell, Asa Chase, Eseck IVine, 
Barnabas F. Ht>well, David VV'liiting, Joseph Hunt, Aa- 
ron W'allis, l)enjaniin Willis, sen. David VVallis, Seth Jc- 
[)hersoji, Auios Morse, llobcrt Smith, Elijah lirown, Jo- 
siah Humes, Abner Chilson, David White, .lesse VV^ill- 
iams, Comfort Martin, jun. Comfort Clatflen, Caleb Hill, 
Peter Ueed, Job Jephersoii, Joseph Read, Josiah Read, 
Samuel Cuamiings, Silas Cumings, William Jepjierson, 
J^^lisha Hale, Ebenezer Cook, Jesse INlorse, Joseph Rol>- 
bins, with their polls and estates, be, and hereby are in- 
corp<jrated into a society, by the name of the Congrega' 
tlouul Societij in Douglas ; and that they be, and hereby 
are invested with all ihe powers, privileges and immuni- 
ties, to which other parishes or religious societies are enti- 
tled, by the constitution and laws of this Commonwealth. 

Sect. 2. Be it further enacted^ That such other in- p^rsftns consid- 
habitants of the said town of Doiiglas^ as have her^^tofore ft-d iriciudei 
usually attended public worship, v/ith the congregational ^^^^^ cori»orft- 
socicty therein, or who shall hereafter usually attend pub- 
lic worship with said incorporated society'', shall be deem- 
ed and taken, w^ith their polls and estates, as belonging to 
and making part of said incorporation, to all intents and 
purposes, as though particularly named in this act. 

Sect. ;3. Be it further enacted^ That the said incorpo- Corpoiatiou t« 
rated society, from and after the passing of this act, be, meetlTig-house, 
and hereby is invested with the privilege of improving and '^*^- 
enjoying the congregational meeting-house, in said town 
<)i' JJoug/us^ for the purpose of assembling therein, for pub- 
lic worship, in the same manner as the congregational so- 
ciety in said town has hitherto done ; and of receiving and 
holdins: the donation which deacon Jeremiah Whitin^r 
made to the said town of Douglas ; to be appropriated for 
the support of the congregational ministry & church there- 
in, according to the intentions and directions of the doner. 

Sect. 4. Be it farther enacted. That the minister of The minister t« 
said concrrejj^ational society, shall have a rioht to occupy l^^"'^ *'^^ ^^"!* 

, . O ^ , . . *^ I 1 • r\ / 1 / fit of the wood- 

and improve the ministry wood-lot, m Douglas woods, (so lot. 
called.) in the same way and manner, that the congrega- 
tional minister has heretofore done. 

Sect. 5. Be it jar the r enacted. That Aaron Marsh, First moetirt?, 
Esq. be, and he is hereby authorized to issue his warrant, ^^^""^ ^° '"^ ****■" 
directed to some inhabitant of said town, requiring him to 

notify 



^2 N. YAR]\IOUTII SCHOOLS. March 3, An. 1806. 

notify and warn the members of said society, qualifi- 
ed to vote in parish allairs, to meet at such convenient 
time and phice, as shall be expressed in said warrant, for 
the purpose of choosing- such officers, as parishes are by 
law recpiired to choose in the montiis of ISiarch or April, 
annually. 

[This act 'passed ^larch 3, ISOO.] 

An act to authorize the raising- of a Fund for the support of 
Public Schools m the town oi Nurth-Yannouth^iii i\\ti 
county of CamherluHcL 

q 1 1-^^ ^^ enacicd bij the Senate aud House of 

JL) Represenfcithcs^ in General Court assem- 
bled^ andbif the author it i/ of ike 6'a/?2c,That Samuel Mason, 
frames of uus- Asa l^cwis, Ammi R. Mitchell, William Ikixton, .lacob 
*^*^" Mitchell, Edward Russell, Samuel York, Gushing Prince, 

David Prince, Sjdvanus Drink water and John Lawrence, 
be, and hereby are appointed Trustees to sell the School- 
Farm, so called, consisting of two hundred acres, more or 
less, belonging to said town of North-Varmouthyyv\\\c\\\\2i^ 
originally appropriated for the use of schools ; and to put 
out at interest the money arising from such sale, in man- 
ner hereinafter mentioned, and for that purpose. 

Sect. 'i. Be if further enacted. That the siiid Trustees 
be, and hereby are incorporated into a body politic by the 
Hn?gene"»r'' "^me of The Trustees if the School Fmids in the foivn of 
po\w«ii. North-Yannouthy in the counti/ of Cumberland : and they 

and their successors shall be and continue a body politic 
and corporate by that name forever ; iind they shall have 
a common seal, subject to be altered at their pleasure ; and 
they may sue and be sued in all actions, real, personal 
or mixed, and prosecute and defend the same to final 
judgment and execution by the name afoi'esaid. 

Sect. 3. Be it further enacted. That the said Trustees 

Officers to be and their successors shall and may annually elect a Presi- 

eiected. dent, and Clerk to record the doings and transactions of 

the Trustees at their meeting, and a Treasurer to receive 

and apply the monies hereinafter mentioned as hereinafter 

directed, and any other needful officers, for the better 

managing their business. 

Number of Sect. 4. Be it further enacted, That the number of 

trustees limited, Trustccs shall not be, at any one time, more than eleven 

and the trustees , , ' . V , . , ^■. . 

empowered to nor Icss than scvcn, any six ot then- number to constitute a 
supi.iy vacan- quorum for transacting business, and they shall and may, 

from 



N. YARMOUTH SCHOOLS. March J, An. 1206, «5 

from titnc to time, fill up vacancies in their number, which 
may happen by death, resignation, or otherv.ise, tVcm thu ^ 

inhabitants of said town ; and shall have power to remove 
any of their number, who may become unfit or incapable, 
from age, infirmity, misconduct, or any other cause, of dis- 
charging their duty, and to supply a vacancy so made by a 
new ciioice from the town aforesaid ; and the said Trustees 
shall annually hold a meeting in ]March, emd as much 
oftencr as may be found necessary, to transact the business 
of said Corporation, which meetings, after the first, shall 
be called in such way and manner, as the Trustees shall 
hereafter direct. 

Sect. .5. Tie U further enacter]^ That Samuel INIason, First meeting, 
be, and hereby is authorized to fix the time and place for 
holding the first meeting of the Trustees, and to notify 
each Trustee thereof. 

Sect. 6. Be it further enacted^ That the said Trustees Trustees to sdi 
be, and are hereby authorized and empowered to sell and ^'^ °®"'"^™- 
convey in fee simple the School Farm aforesaid, belonging 
to said town as aforesaid, and to make, execute and ac- 
knowledge a good and sutficicnt deed or deeds thereof 
which deed or deeds, subscribed by the name of their 
Treasurer, by direction of said Trustees, with their seal 
thereto affixed, shall be good and effectual in law to pass 
and convey in fee simple from said town to the purchaser, 
to all intents and purposes whatever. 

Sect. 7. Be it- J'urther enacted. That the monies aris- „ , ^ . 

r ,1 1 ^ • 1 c' i_ 1 i-< ' 11 1 , , • Proceeds of sale 

mg rrom the sale or said School rarm, snail be put at m- to be put at la- 
terestassoon as may be, and secured by mortgage of real *^''"'" 
estate to the full value of the estate sold, or by two or more 
sufficient sureties with the principal, unless the Trustees 
shall think it best to invest the same in public funded 
securities or bank stock of this Commonwealth, wliich 
they may do. 

Sect. 8. Be it further enacted. That the interest aris- 
ing from time to time on such monies, shall be annually, Ife^pu^lTS^ 
or oftener, if practicable, put out at interest, and secured est. " "" ' 
in manner aforesaid, and also the interest accruing fi'om 
the interest, until a fund shall be accumulated on tlie sale 
of said School Farm and the interest arising thereon, which 
shall yield yearly the sum of three huudred dollars at least. 

Sect. 9. Be it farther enacted. That a-^ soon, as an in- ^'^"^['^ *^'= '"- 
terest to the amount of three hundred dollars' ii\mu-j\\yTotwdMl'^!^!\t 
shall accrue, the Trustees shall forthwith apply the same '^ 'o be u|.i.r.>. 
towards the atmual support of pubUc schools lu said town, ^.'ppc-t 'a 

and ^''''-'" ' 



$4 COURTS IN BERKSHIRE. March 3, An. 1806. 

and to be apportioned among tlie several school districts in 

said town, in proportion to what they pay of town taxes, 

and it shall never be in the power of said town or Trustees 

to alter or alienate the appropriation of the fund aforesaid. 

Sect. 10. Be it further enacted, That the Clerk of 

Trustees' clerk said Corporation shall be SAVorn, previous to his entering 

traas°uS^*trgiTe ^" ^he duties of his office, and the Treasurer of the Trus- 

bonas. tees shall give bond faithfully to perform his duty, and to 

be at ail times responsible for the faithful application and 

appropriation of the money which ma}' come into his hands, 

eonformably to the true intent and meaning of this act, and 

for all negligence and misconduct of any kind in his 

office. 

Sect. II. Be it further enacted. That the Trustees or 
Trustees not to \}^,^\x officcrs, for the scrviccs they may perform, shall be 

be com pen sated • i i • y '^ * .... 

entitled to no compensation out of any money arising irom 

the fund aforesaid. 

Sect. 19. Be it further enacted. That the said Trus- 
Trustees to ^^^^ ^^'^^ their succcssoi's, shall exhibit to the town, at their 
piaice an annual annual meetiu;? in May, a regular and fair statement of 

jtalenient. . i • i • " 

their doings. 

Sect. 13. J7(? ///'«r///6'r ^««c^e^/, That the said Trustees 
responsible for and cach of thciii shall be responsible to the town for their 
their faithful- persoual negligencc or misconduct, whether they be offi- 
cers or not, and liable to a suit for any loss or damage 
arising thereby, the debt or damage recovered in such suit, 
to be for the uses aforesaid. 

[This act passed March 3, 1S06.] 



An act to alter the time of holding one of the terms of 
the Court of Common Fleas and General Sessions of 
the Peace in the county of Berkshire. 

BE it enacted by the Senate and House of Representa' 
tives, in General Court assembled^ and bij the au- 
thority of the same. That the Court of Common Pleas 
and Court of General Sessions of the Peace, now by law- 
appointed to be holden annually at Lpiox, within and for 
the county oi Berkshire, on the first Monday of January, 
shall in future be annually holden at the same place, on the 
last Monday in December ; any law to the contrary, not- 
withstanding. 

[This act passed IMarch 3, ISOG.] 

An 



BRIDGE IN DRESDEN. March 4, An. 1806. Q^ 

An act in addition to an act entitled '' an act for incor- 
porating certain persons for the purpose of building a 
bridge over i:lastern-river, in Dresden^ in the county of 
Lhicolii^ at or near Call's ferry, and for supporting the 
saine.'^ 

WHEREAS the proprietors of Eastern-river bridge, at 
Call's ferry, in Dresden^ have represented to the 
General Court, that the compensation th'ey derive from the 
present rates of toil, is inadequate; and have prayed for 
an increase of the toll over said bridge: 

BE it enacted by the Se?iato and House of JRe- 
presentathes^^jii General Court assembled^ and by the 
anthurittf of the same. That so much of the fourth section 
of an act entitled "" an act for incorporating certain per- 
sons for the purpose of building a bridge over eastern riv- 
er, in Dresde:i, in the coun'^y of Lincoln, ait or near Call's 
ferry, and for supporting the same," as establishes the rates 
of toll to be taken at said bridge, be, and the same is 
hereby repealed ; and that the follo^ving rates of toll, be, 
and hereby are granted to, and established for the 
sole benefit of said proprietors, that is to say, for each 
foot passenger, three cents ; for each hoi^e and rider, 
fa-ehe and om half cents ; for each two wheei carriage for 
passengers, if drawn by one horse, twentij-f.ve cents ; if 
drawn by more than one horse, thirty cents ; for each four 
wheel carriage for passengers, if drawn by two horses, 
thirty-three cents ; if drawn by more than two horS2S,yb/'- 
ty cents ; for each riding sleigh, drawn by one hOrse, sev- 
enteen cents ; if drawn by two horses, t'-jienty cents ; if 
drawn by more than two horses, tktrty cents ; for each 
cart, sled, sleigh or other team of burthen, drawn by one 
beast, sixteen cents ; if drawn by two beasts, twenty cents ; 
if drawn by more than two beasts, twenty-five cents ; for 
each waggon, drawn by two beasts, tzuejity cents ; if drawn 
by more than two beasts, t-doentij-Jive cents ; for horses 
without a rider, and for neat cattle, six cents each ; and 
for sheep and swine, ti^eke and one half cents per dozen ; 
and one driver, and no more, to each team, shall be allow- 
ed to go free of toll. 

[This act passed Match 4, iS06.] 



Alt 



66 I\IASS. TURNPM<....SQU1BS. March 3, An. 180d. 

An act for allowinp; further time to the proprietors of the 
fourteenth Massachusefts Tnynpihd Corporaiiou fof 
completing the same. 

BE it enacted hij the Senate and House of Hepresenta^ 
tires, in General Court assembled, and hij the at(^ 
tkoritij of the same. That a further time of two 3'cars, from 
the ele\-enth day of March, in the year of our Lord, ones 
thousand eight liimdred and six, be, and hereby is allow- 
ed to said proprietors, to complete said turnpike road, any 
thing in the origins! act of incorporation, to the contrary 
notwithstanding. 

[This act passed March 4, 1806.] 



An act to prevent damage irom firing crackers, squibs, ser-^ 
pents and rockets, within this Commonweidth< 

BE it enacted hij the Senate and House of Beprc- 
sentafives, in General Cunrt assembled, and bij the 
authoritij of the same. That froi^n and after the first day 
of ]\lay next, if any person shall offer for sale, set fire to, 
or throw any lighted cracker, squib, rocket or serpen r^ 
within this Comimonwcalth, without the' licence of the se- 
lectmen of the several towns, respectively, first obtained 
therefor, he shall forfeit,- for every such oifcnce, the sum 
oi' fi-e dollars ; one moiety to the use of the poor of that 
town ia which the offisnce shall be committed, and the 
other moiety to the use of the prosecutor ; to be Yccover- 
ed by action of dei>t, or by information, before any Jus- 
tice of the Peace of the county in which the offence shdl 
be committed ; w ith the costs of suit. 

[This act passed March -i, 1806.] 



An act to incorporate the northwesterly part of the town 
of Northijarwonth, in the county of Cumberland^ into a 
new parish, by the name of the second tepritorial parish 
in North^arniouth, 

« 11 E it enacted by ihe Senate and House of 

^j Representatives, in General Court as- 
sembled, and bif the authoritij of the same. That the north-» 
westerly part of the town of Northijarmouth, in the coun- 
ty of Cumberland^ be, and is hereby set off from the first 
parish in said town, by the following boundaries, to wit : 
Be^nning in the line between sard Northijarmouth and 

Falmouth^ 



SECOND PAllillN.YAllMO. March 5, K\\. 1806. 67^ 

yalnionth, and l|-woen the lots nuniberec] nine and ten in 
west oii'.'-hunddnacre division, in said i^orthijarmmth^ 
rtnd running- betL'cn said lots to the range line ; tlien in 
the rang-e iiqe,o the linv-:; between the lots nmnhered ■: 

twenty-eight ai twenty-uiue, and in tiiat line, and by K^undiries. 
the northeast en of said lot, nunibered twenty-nine, to 
the line hctweeithe h^ts nun,ibered forty-nine and fifty ; 
and between salt lots niunbeied i'oriy-niue and (it'ty, and 
between the lotsiumbcrcd si.yty-nine and seventy, eighty- 
four and eighty-j-e ; and in the san\e course, nortb.east 
to the west oueiundred-and-twenty-acve division ; then 
in the range hn- to the line between the lots ntnnbered 
six and seven, i: said division ; and in that line, and in 
^he Inie betweei; the lots numbered twenty and twenty- 
one, to the rangeine : then up the range line, to tlio line 
between tho iotsiiumbered thirty-nine an<l forty, and in 
that line, to theange hue, and in the same, to the line 
between the loHnumbered forty-seven and torty-eight, 
nud in that line t* Royal's river ; tlien up said river, to th^, 
line between the :>ts numbered thirty-nine and forty on 
the east side of sai river, and in that line to the range line, 
and in the same, md between the lots numbered tliirty- 
four and thirty-fe, nineteen and twenty, seven and 
eight, to Freepar line : And that all the polls and es- 
tates in the said tiWu of IS! oi-thi^ar mouthy northwesterly of 
said boundaries, excepting what belongs to the northvrest 
congregational societ\ in Norilufuvmonth^ and to the bap- 
tist religious society in JSortliijarmouih and Fjceport, be, 
and hereby are incorportted into a new and separate par- 
ish, by the name of the s^xond territorial parish in North' 
yarmouth^ with all the pri\ilc2;es, powers and immunities, 
wliich other parisht;s in this Connnonwealth are entitled 
to by law. 

Sect. i>. Be it further nmc/cd, That any person or j^^^ ^^^^^^^ 
persons, belonging to t lie northwest congregatioual socio-, a member of 
ty in Northi/armoKth, or, to the baptist religious society in ^^^^ '^'='' ^'^ ■' 
Northf/armouth and Freeport^ fving witiiin the bounds of 
said second territorial parish, may become members of said 
parish, in the same way and manner that they could be- 
come members of said fust parish, before the passing this 
^Qt : And also, that the membcTs of said second territo-r 
Kal parish, may become members of either of said s<> 
cieties, in the same way and manner, that the mem- 
bers of said first parish can become members of either of 
«aid societies, asrreeable to the provisions of an act entitled 

'' m 



/ 

«S MARRIAGE ^ DIVORCE, ^Lh 7, An. 1 806. 

*' an act in addition to an act entitled x act to incorpor- 
ate crrtain persons by the name of tluNoitiiwest Con- 
gregational Society in Northijarmouth.'' 

Sect. 3. Be it further enacted^ That the lucin- 
Rwtricnan; ts bers of said first parish, and the meinbs of said second 

to votin^ • • 1 X ' 

territorial parish, snail not poll from oneo the other, nei- 
ther directly nor indirectly ; but shall arays be consider- 
ed as members of the parish of which thf are inhabitants, 
according- to the aforesaid boundaries. 

Sect. 4. Be it further enacted, ThaAmmi R. Mitch- 
Meeting tft be ell, Esq. be, and he is hereby authorize to issue his vvar- 
:«1s thoieu?*' ^''^'^^' directed to some principal inhabitnt of said second 
territorial parish, requiring him to wai the legal voters 
thereof in parish aftairs, to meet at son^ convenient time 
and place, to choose all 'such parish offiers as are by law 
required. 

[This act passed March 5, S06.J 

An act in addition to an act entitled ' an act regulating 
marriage and divorce* 

WHEREAS by an act, entitled "in act for regulat- 
ing marriage and divorce," pssed in the year of 
our Lord, one thousand seven hundredand eighty-six, no 
provision is made for a woman divoned for the cause of 
adultery, committed by her husband excepting dower to 
be assigned to her in the lands of th( hus'oand, which pro- 
vision is in many cases inadequate.. ...For remedy where- 
of : 

BR it enacted hij the Senate and House of Represen- 
iatives, in General Court assem>led, and bif the authoritij 
of the sarne^ That when any woman shall hereafter be di- 
vorced from the bond of matr;mony, for the cause of adul- 
tery committed by the husband, n\ addition to her dower, 
as in the said act is provided, and to the real estate which 
her husband held in her rght, the Court, by whom such 
divorce may be decreed, Sciall have power to assign to her, 
for her own use, all the personal estate which the husband 
hath received by reason cf the marriage, or such part there- 
of, as shall be just and reasonable under all the circum- 
stances of the case, and of the tamily of the parties, or a 
?um of money equal in value to the whole of the said per- 
sonal estate ; or to so much thereof, as the Court may. 
judge proper should be so assigned to her. But if the per- 
sonal estate, or money which the Court are by this act au- 
thorized 



IIOUSETONIC R. TURNPIKE. March 7, An. 1806. 69 

thsorized to assign to the woman, so divorced, together with 
her dower in her husband's rca| estate, should bo insutfi- 
cient for her reasonable and cijinfortabie support, then the 
Court may -allow her reasonable alimony out of her husr 
band's estate, so long- jis she shall remain unmanied ; in 
the same manner as ahrn(M)y m-cty be allowed to a woman 
divorced from bed and board, for tiic cause of extreme 
cruelty in tiie husband : Regard to be had in making 
such allowance, to the character, circumstances and prc»- 
perty of the husband, and the character and situation of 
the wife. 

[This act passed Marcli 7, 1806.] 



An act to establish the Uouselomc-rlver Turnpike Cor- 

poration. 

Sect. 1. J?^' it enacted bij the Senate and House 
of Representatives, in General Court 
(tssemhied, and hi/ the authorifij of the sam(>, That Tim- 
othy Edwards, Eja^tus Sergeant; Joseph Al^hiton, Silas ^^l^^l^T 
lepoon, jiuoch vVilIiams Thaver, Joseph Woodbrid^-e ^ated, andgeii. 
Thomas Williams, Esqrs. Abijah Merrill, John Hutdi,' "''^"""" 
John Starnes, Elisha Brown, Silas Whitney, Cyrus Will- 
iams, John S. Elojikins, Henry Brown, Heman Willard, 
Jr)hn Hunt, himeon Doming, Josiah Demin-, Svlv^anus 
Hatch, John Keep and James V7hiton ; topef her wi^th such 
persons as may hereafter associate with them, and their 
successors and assigns, shall be a corporation by the n.rime 
ot the Housetonic-river Turnpike Corporation, and may ex- 
ercise and enjoy all the powers and privileges which are" 
mcideut to and usually given to similar corj)oral-ions • and 
shall have full power and authority to make and keep in 
repair, a turnpike road : Beginning at the line of the state 
ot J\ewi/ork ne^v Arnold's tavern, and near the northwest 
corner of M^eststocUridge ; from thence, in the most di- 
rect and convenient route, to the mills, near the house of 
John Newell, jun. in Weststockdrid,^-e ; from thence in 
the best route to the junction of the county roads on 
:^tockbridge plains, so called ; from thence, in the most ^T' "^ ^^^ 
^irect and convenient course, to Lee Forge, and near the 
place where the turnpike from Neiomarlboro?igh termin- 
ates ; and from thence, in the most direct andlest route 
to the turnpike leading from Hartford to Lenox ; and t^ 
connect with the same, at or near the dwelling-house of 
lyavid hoQt^ m the eastern part of the town of Lee: 

Sect. 



7b LEE INCORPORATED. March 7, An. 1806, 

Turnpike gates Sect. 2# Be it farther enacted^ That when said turn^ 
whenfhe'^roadis pi^t^ Toad shall be well and sufficiently made, and shall be 
approved. approvcd by a committee appointed by the Court of Com-, 
mon Pleas, within and tor the county of Berkshire^ then 
the said corporation shall be authorized to erect one turn- 
pike gate, at some cop ven lent place between the house of 
John Newell, jun, and the line of the state of Newijork ; 
at which gate, when approved by a committee of the Court 
of Common Pleas, for the county of Berkshire^ the said 
corporation shall have a right to demar^d and receive one 
half the rates of toll, as established by the laws of this 
Commonwealth ; And the said corporation, whenever 
the road shall be approved as aforesaid, shall be authoiized, 
to erect one other turnpike gate, at or near the place where 
the said road shall cross the liousetonic river ; at which 
gate, when approved of by said committee of the Court of 
Common Pleas, the said corporation shall have a right t© 
demand and receive half the rates of toU as established by 
the laws of this Commonwealth, and no more. 

Sect. 3, B^ it further e-/iacted^ Tiiut the said corpo- 
•orporation en- ration shall he entitled to all and singular the powers, 

t^llCu to tllQ 11- . . i. * 

4uai privUeges. provisious and privileges •, a.ndbe subject to all the duties^ 
requirements and penalties, contained iu an act, entitled, 
*' an act defining the general powers and duties of turn- 
pike corporations," passed the sixteenth day of March^ 
in the year of our Lord, one thousand eight hundred and 
live. 

[This act passed ]\Iarch 7, ISOG.] 



An act in addition to an act entitled " an act to incorpo- 
rate the southwesterly part of WasJiington^ the north-, 
easterly part of Great-Barrhigton^ (or Hopland^ so call- 
ed.) the Glass-works grant, and part of Williams' grant, iii 
the coupty of Berkshire^ into i^ town, by the name of 
LeeP 

WHEREAS, ill the act incorporating the town of 
Lee^ an error was made, by leaving out a tract 
of land, containing about one thousand acres, which was 
intended to be taken into, and made a part of said town 
of Lee : Also another error, by taking into the said town 
of Lee, a tract in the northwest corner thereof, which be- 
longs to the town of Lenox, (commonly called Whelpley^s 
form,) and it appears that the last mentioned tract, is cov- 
t^red by the acts of incorporatipa of bath the said towns of 
Lee and Lenox : oect. 



PUBLIC DEnt, March ?, An. 1S06. ri_ 

Sect. 1. BE it cmwfed hij /he Senate and House 
•y Representatives, in General Court assembled, and 
oy the authoritij of the same. That tho west line of the ^'^^ "*«' 
town of Lee, shall be so extended, as to inckKle a tract of 
land, tormerly belonging to the town of Wushin^ton ; and 
that the east hne of the town of X^'w.r, shall henceforth 
be considered and taken^ as the west line of the town of 
Lee^ h-om where the east line of Lee strikes the Ousaton* 
ock river, to the north line of the Glass-works grant : And 
that the tract heretofore considered as l^elondnff to the 
town ot Lee, (commonly called, Whelpiey's^ farm,) and 
which IS covered by the acts of incorporation of both the 
said towns of Zc^ and Ze«o^- shall henceforth be consid- 
ered withm the bounds, and made a part of the town of 
JLenox. 

Sect. -i*. Be it further enacted. That all the legal acts 
and proceedings of the said town of Lee, in their corpor- P^«^=<^'5i"B« 
ate capacity, be^ and hereby are confirmed and made val. ""'™''' 
KI; any error in the aforementioned act of incorporation, 
notwithstanding'. ^ ' 

[This act passed Afarch J', 1806.J 



An act in addition to an act entitled " an act to provide 
tor the debt of this Commonwealth,^^ 
Sect. i. tl^^^ enacted bij the Senate and House of 
ij J J J -AJ Representatives, in General Court assem- r. ■ • 

es and the president of the Union Bank, for the time 
deb =nf t"l!""f''°""'' "PP°*nte'i for the purchase of the 
the debt ^'^.^^'"'""""^•'th, by " an act to jjrovide fo^ 
b <1 ec o I (-"mmomvoalth," be, and they are he«. 
to ttm « '""' r '"'^ P^^'^l'-oses to be made, as shall 

.2 c reumlf ''''''™' ^''°"' '^'^ '"""^ of the treasury and 
aforesaid P?'/T "'""'^ ^' P'^^cribed by th^ act 
not excewl „»" ''°'''''"'' ""' '"'"^ purchases shall 

J^tto lid •^;it::re:''' a"""'* ''"^ ''^ ^"°"<^'' ^"^-^«- 

their servit-P, V^r. f,''™'"'^'^.'°nei-3. as a compensation for 

mount c7!?r; f "'t- ''^ "^^ P^' '^'^"tum, on the a- 

rurchasadhv?!?'"-^ '\"'''"'' «h'^h shall hereafter be 
purchased by them, m their capacity aforesaid. 

(.Ihjs act passed March 7, 1306.] 

An 



Authorized to 

raise money. 



PORTLAND Ens. CHURCH. March 7. An. iaO<>. 

An act in addition to an act entitled an act in addition to 
an act entitled " an act for incorporating the menv- 
b"rs of the Episcopal Church in the town ot Portland, 
into a religious society. 

BE it enacted hj the Senate and House of 
liepresentatkes, in General Court as- 
sembled, and ht, the odtliorHtf of the «««<■, That the b- 
te^nal 4ciet/in Portland, m the county of Cu,^crlm,^. 
CS\hey heU are authorised and empowered oraise 
by assessment on tte pews anasea s m the -'^^''•«» ' "„'°"jj^ 
inctothem such sum or sums ot money, for the settic 
rlnt Maintenance of a minister rej^inngAec^^^ 

and defraying the other ^-^^^T^ Ztt s^^: 

i:;:f ate rt'^l;.: -Va^lLsXupon such pews or 
may assess or cdu^« v ^^ciety shall determine ; and 
seats, in such ^^f ^ ^^ ^^. '^^^ by the proprietors of 

the sums so assessed ^h^^^ *^^ P^^'"^ . /,. ^,_ r 

such seats and pews or the ^^^^l^^^,'!^,"^^^^ ;^ proprietor 
SrrrT 9 Be ii further enacted, Ihat it any propuciui 

f..s of deim- .1^'^^ I; ^^^ or the occupant thereof shall neglect to 
,uen«may be ot a pcw or scar, ui i ^ .^ ^^^^^^^ thereou, 

:raifth:l^:stdt^^^^^^^ 

prietor in f -d coi^-^^^^^^^^^^^^ ^^^^ 

tice thereof, fourteen da>s pre"° j. j^ ^^urch ; and 

up notifications at two J^f^'-^^^l;; ,uffie,ent deed or 
upon such sale, to «ecute a »o ^.^^unt of said de- 

deeds thereof; and aftei de "Ctin tn ^^ 

linquents' tax, together with &e ^e . ^^^^^^ ^^^^^ 

from t^ie time the same ^f^^. ^^^f^h'surplus, if any there 
It t:,'':«rht[iTu- ?';Sr ': his^eg^l repiLnta. 

.v..e.,„a *"I,cx. 3. Be it further enacted^C^^ ^^..ifZ 
rr.j;»:?»an<i vestry of said church legal yc -en ^^^ 
cfparuh com. they are hereby Tested with all ine a j 

™"*°'- eiven by law to the committees of parishes. 

given .^j. ,r.,„u rr isnfi.l 



[This act passed Match 7, 1806.] 



ly 



An 



WlNTFIROl^ CON....WITNESSES. March 7, An. 1S06. 73 

An act to repeal an act for incorporating the first Con- 
gregational Society in Winthrop, 

WHEREAS the first congregational society in Wm" 
throp^ in the county of KcunebeCy have petition- 
ed this Court to repeal their act of incorporation : 

BE it enacted by the Senate and House of Repre- 
sentutives, in General Court assembled^ and bij the au- 
thority of the same, That an act passed on the thirty-first 
day of January, in the year of our Lord, one thousand 
eight hun(h'ed, entitled " an act to incorporate a number 
of the inhabitants of the town of Winthrop^ in the County 
of Kennebec, into a religious society, by the name of the 
first congregational society in Winfh'op,^^ be, and the same 
is hereby repealed : Provided hozi^ever. That the said 
society, in their corporate capacity, shall have power to 
recover and receive any dues owing to said society, and 
shall also be held to pay any legal demands upon the said 
corporation. 

[This act passed March 7, 1806.] 

An act to increase the fees of grand and petit jurors, and 
witnesses, in criminal causes. 

Sfct t t\^ ^^ enacted by the Senate and Hoitse of 
J-9 Representatives, in General Coui^t as- 
sembled, and by the authority of the same. That from ^^v of -^"w; ; 
and after the passirig of this act the grand jurors attending dva^Sl&S' 
at the Supreme Judicial Court, and the Court of Common 
rieas, and Municipal C!ourt, for the town of Boston, and 
the jurors for trials, attending either of the Courts afore- 
said, shall each be allowed one dollar and tn^enty-five cents 
a day for their attendance, ^.Vi^four cents a mile for their 
travel out and home, to be paid out of the County Treasu- 
ry ; and there shall be paid to the clerks of the said Courts 
respectively, by the plaintiff or appellant, the sum of seven 
'dollars, for the trial of each civil action, for the use of the 
county, and the said clerks respectively, shall forthwith 
pay over the same to the county treasurer. 

Sect., 2. Be it further enacted^ That witnesses in crim- 
inal causes, in the Supreme Judicial Court and Court of 2'f„*'crTm"!^- 
Common Pleas, shall be allowed and paid out of tlie trea- "uses, 
sury of the respective counties in this Commonwealth, 
one dollar foT each day^s attendance, and four cents for / 

^ach mile's travel, going out and returning home ; Pro- I 

l^ ded, / 



74 WEST BOSTON SOCIETY. March 7, An. 1806, 

fled., siich witnesses do personally attend said Courts res- 
pectively, and certify in writing their time and travel. 
Part of former Sect. 3. Bc it further enacted., That so much of the 
act repeaiad, first scction of an act made and passed the thirteerith day 
of February, in the year of our Lord, one thousand seven 
hundred and ninety-six, for establishing and regulating 
the fees of the several officers and other persons therein 
mentioned, as relates to witnesses in criminal causes, in 
the Supreme Judicial Court, and Court of Conunou Fleas ; 
and also the second section of the act aforesaid, shall, from 
and after passing of this act, be, and the same is hereby 
repealed. 

[This act passed March 7, 1806.] 

An act to render valid the doings of Isaac Mansfield, a 
coroner, within the county of Essejo. 

WHEREAS Isaac Mansfield, a coroner within and 
for the county oi Essex., has taken divers inqui- 
sitions within said county and has neglected to give bonds 
as the law requires: 

BE it enacted by the Senate and House of Represent 
iativeSy in General Court' assembled, and by the aidhori^ 
iy of the same, That all inquests by him taken, shall be 
as good and valid as if said coroner had given bonds to the 
acceptance of the Court of Common Fleas, as required by 
law ; any law to the contrary notwithstanding. 
[This act passed March 7, 1806.] 

An act for incorporating Charles Cushing, John Avery, 
Esquires, and others, into a religious society, by the 
name of the West-Boston Society in the town of Bos- 
ton. 
Thesociet S c "H^ ^^ enacted hy the Senate and House of 

made a body ' ' -*-* Representatives^ in General Court as- 

i^nveS^w^S sembled, and by the authority of the same, That Charles 
the property. Cushiug and Johu Avery, Esquires, together with such, 
others as now are proprietors of pews in the present meet- 
ing-house, at the westerly part of Boston, under the pas- 
toral charge of the Reverend Charles Lowell, or who may 
become proprietors in the new meeting-house, now about 
to be erected by the said Charles Cushing, John Avery, 
and others, the proprietors of the present house, on the 
plat of ground whereon the present building now stands, 

be, 



WEST BOSTON SOCIETY. March 7, An. 1806. 70 

be, and they hereby are declared to be a body corporate and 
politic, by the name of the West-Boston Society ; and the 
said corpbrcftion shall l»e, and hereby are invested with all the 
powei-s, privileges and rij;hts of corporate bodies ; and are 
declared to be, and hereby are deemed in law and equity to 
be seized of the present meeting-house, together with all the 
land under, adjoining and belonging to the same, and with 
the privileges and appurtenances thereto belonging. 

Sect. i. Be it further enacted^ That the said corpo- Annual meet- 
ration shall meet annually on the first Monday in April, at '."^VoffKe^"*' 
their meeting-house, or at such other place, and at such chosen. 
other times as they may be duly notified in manner here- 
after mentioned ; and at said annual meeting, after having 
chosen a moderator, shall choose, by ballot, a clerk, trea- 
surer and ten other persons, who, together, shall be a 
committee for managing the afifairs of the corporation ; and 
who shall all continue in office during the year, and until 
others are chosen in their room : Provided ko-^cjer^ if, 
for any cause, the said annual meeting should not be hoU 
den, then the said officers may be chosen at any other 
meeting duly notified for that purpose. 

Sect. 3. Be it further enacted. That the said clerk cierk to^^^^^ 
shall be sworn to the faithful discharge of the duties of his 'Seeemiw- 
office ; and it shall be his duty to record all the votes, and all ered. 
the proceedings of the said corporation, and of the said com- 
mittee, in separat<? books, to be kept by him for that pur- 
pose ; and the said committee, or a major part of them, 
shall have full power to manage all the prudential affairs of 
the said corporation, in the same, and in as ample a man- 
ner, as parish committees are authorized by law to man- 
age the prudential affairs of ^parishes, and to notify any 
proprietoi-s' meeting, by a notification from the desk, on 
the Sunday preceding said meeting ; or by posting up a 
notification (signed by the clerk) at the door of said meet- 
ing-house, seven days, at le^ast, before the holding of the 
same. 

Sect. 4. Be it farther enacted, That^ the said corpo- Corporation to 
ration shall be entitled to all the privileges heretofore en- ^''e.npowS 
joyed by the said proprietors, and shall be bound by all to raise monies, 
the contracts heretofore made by said proprietors with 
their present minister, or with any other persons whom- 
soever ; and be subject to all the duties they have hereto- 
fore been subject to ; and the said corporation are also em- 
powered, from time to time, to. make such contracts, and 
raise such sums of money, as they shall judge necessary 
for the maintenance and support of the public worship ot 

God, 



;G WEST BOSTON SOCIETY, IWch 7, An. 1806. 

God, for the repairs or alteration of their house, and mak- 
ing any reasonable addition to the salary of their present^ 
or any future minister, and for other parochial and inci- 
dental charges ; and all monies, so raised, shall be paid an- 
nually, or by instalments, at such times, and in such pro- 
portions as said corporation shall direct. 

Sect. 5. Be it further enacted., That the building 
Ne%r meeting- or housc of public worship, which said society are now 
'c^Hd'iuihe' preparing to erect, and the land under, adjoining and be- 
(orporation; longiug to thc samc, shall be, and hereby are declared to. 
iitithorjed^wi be vested in fee in the said corporation, and all monies 
tiuipews, &c. raised by the proprietors of the present meeting-house, for 
'""*"■' the support of their minister during the erection of the 

new meeting-house, or for other purposes, shall also be 
further binding on the proprietors and on their pews and 
interests in the new house, when erected, and shall be as- 
sessed by the said committee, or by the major part of them, 
upon the several proprietors of the pews, in the present ov 
the new house, when erected, according to the relative 
value of said pews ; regard being had to their situation 
and convenience ; and the pews in the present and in the 
new house, when erected, shall be held and taken as per- 
sonal estate, and, be held liable to be taken and sold iox 
the payment of all assessments duly niade as aforesaid, and 
for the discharge of all expences incurred by such sale, in 
such manner, and on such contingencies and conditions, 
as have been, or may be agreed on by the said proprietors, 
and which are, or shall be sammarily expressed and con- 
tained in the deed or conveyance of the pews of the pre-? 
sent or the new house when erected : And the assess- 
ments which have been, or shall be made as aforesaid, 
shall be considered as a lien upon the pews in the present, 
and in the new house when erected ; and a bill of each pro- 
prietor's assessment, and of the time or times of payment, 
shall be left m his pew ; of which fact, the oath of the 
treasurer, or the oath of the person by him employed foy 
that purpose, sh^ll be sufficient evidence. 
Corporation ai- Slct. 6. J5(? it further enacted^ That the said corpo- 
i"" '!? '*^ ^i"^ ration shall be capable and liable to purchase, take and to 
...n amouuu hold any estate, real, personal and mixed, for the purpose 
of supporting public worship, and a teacher or teachers of 
piety, religion antl morahty, and to sue and be sued in any 
action, real, mixed or personal : Provided, that the whole 
estate, real, mixed and personal, of the said corporation, 

shall 



tors^ meeting. 



CORONEUS* DUTY. March 7, An. 1806. 77 

shall not exceed, in its annual income, Jive thousand dol- 
luHs^ exclusive of their house of public worship. 

SiiCT. 7. Bo it further enucletL 'rimt th(? said corpo- Allowed to sell 

1 11 1 ■ ^ ,■ 2. ^\ 1 real estate, and 

ration shall have power, at any tune, to sell or exchange to invent be- 
any real estate, when they shall, at any meeting duly call- qj'^^" in real 
ed for the purj)ose, agree thereto ; or may invest any per- 
sonal gift or becjuest in real estate, provided the income of 
the same be appropriated according to the will of the dor 
nor. 

SpcT. 8, Be it further enacted. That if any of the of- l^^^Z Ik- 
iicers chosen by said proprietors sliall die or resign, during ccrs,bycicatiic,r 
the year for which they may be chosen, other persons may b?S*iS'TuJ 
be elected in their voom, for the remainder of the year, at ingiheye^r. 
any meeting of the proprietors, to be notified by a major 
part of the committee ; but in all cases where there may 
be but one of the committee in office, he sliall have suftV 
pient authoritv to call any meeting of the proprietors. 

Sect. 9. Be it further enacted. That Mungo Mackay, f,X"c^the" 
Thomas Depnie and .lames Prince, or either of them, may first proprie- 
cause the first meeting of said corporation to be called, for 
the purpose of choosing their officers for the year ensuing, 
by giving notice thereof to the several proprietors in writ- 
ing, seven days previous to the time and place of said 
meeting ; at which meeting they may agree on the mod^ 
of notifying future meetings. 

[This act passed March 7, 1806.] 



^n act in addition to an act entitled " an act describing 
the duty and power of Coroners." 

BE it enacted by the Senate and House of Representa' 
tives, in General Court assembled, and by the au- 
thority of the same. That every coroner within the coun- 
ty for which he is appointed, shall, after the return of an 
inquisition of the jury, upon the view of a dead body 
of any stranger, not belonging to this Commonwealth, 
bury said body in a decent manner ; ar^d the expences 
thereof, together with all the expences of said inquisition 
and coroner's fees, shall be paid. to such coroner out of the 
treasury of this Commonwealth, an account of such ex- 
pences being first examined and allowed by the General 
Court, in the same manner that accounts for state paupers 
are allowed : And the same certificate shall be required 



fron> 



78 WORCESTER TURNPIKE. March 7, An. 180 

from the selectmen or overseers of the poor of the town 
where such stranger was found dead, as if the said stranger 
were taken sick in such town, or became unable to sup- 
port himself. 

[This act passed March 7, 1806.] 



An act to incorporate Aaron Davis and others, by the 
name of the IVorcester Tmnipike Corporation. 
^ , T3 E it enacted by the Senate and House of 

jQl Representatives^ in General Court as- 
sembled^ and by the authority of the same^ That Aaron 
Davis, Luther Richardson, Samuel Welles, Charles Davis, 
Wi > and William H. Sumner, Esquires, together with their as- 

sociates, their successors and assigns, be, and they are 
hereby made a corporation, by the name of the Worcester 
Turnpike Corporation^ and by that name may sue and be 
Corporation in- sued, plead and be impleaded, and shall and may do and 
nerS^^w^fs^' sufFcr all things which bodies politic ought to do and suf- 
and the course fer ; and Said corporation shall have full power and au- 
presaibed^^*^ thority to make and use a common seal, and the same to 
alter and renew at pleasure ; to make, lay out and keep in 
repair a turnpike road from Roxbiiry to Wo?^ceste?\ com- 
mencing at or near Roxbury-street, and running near the 
house of Stephen Higginson, junior, in Brookline ; thence 
running near Mitchell's tavern in Nezvton ; thence crossing 
Charles-river near General Elliot's mills, in said Newton^ 
and running near the house of Enoch Fisk, in Needham ; 
thence to the Neck of the Ponds, so called, in Natick ; 
thence near the house of Jonathan Ruggs, in Framingham ; 
thence near the house of Deacon Chamberlain, in South- 
borough ; thence near Furbushe's tavern, in Westborough ; 
thence near the. house of Jonathan Harrington, in Shrews- 
bury ; thence crossing Shrewsbury Pond, and running 
north of Bladder Pond, to the street in Worcester^ near the 
Court-house ; and shall have the power of erecting four 
toll-gates therein, which shall be erected in such places, 
not being on any old road, as the committee hereinafter 
appointed shall determine ; and when and so often as each 
quarter part of said road shall be completed and accepted 
by the committee hereinafter appointed for this and other 
purposes, the said committee may authorize the erection of 
one toll-gate on such part. 

Sect. 2. Be it further enacted. That the Hon. Beza- 

leel Taft, and Nicholas Tillinghast and Silas Holman, 

I Esquires, 



JS^ORFOLK COURTS. March 7, An. 1806. 79. 

Esquires, be a committee, for the purpose of making such committee to 
alterations and variations from the general course of said ^^^^ ^^^ 'o^^, 

, !• ■ ^ • 1 ^- .L approve, assess 

road, upon the apphcation ot said corporation, as the na- damages, &c. 
ture of the ground and the puhhc good may seem to them 
to require, and of viewing said road and accepting the 
same, when completed, to their satisfaction ; and shall au- 
thorize the erection of toll-gates thereon, according to the 
provisions of this act ; and the said committee are hereby 
empowered to assess such damages as any individual may 
sustain by reason of the laying out said road and making the 
same, when the said corporation and such individual have 
not nor cannot agree upon the same, reserving to each par- 
ty the right of trial by jury, according to the laws which 
provide for the recovery of damages arising from the laying 
out of highways ; and when the said committee shall have 
completed their bysiness in each county through which 
said road may be located, they shall make a return of their 
doings in such county to the next Court of Common Pleas 
to be holden therein, and their report shall have the same 
effect as if the committee had been appointed by the seve- 
ral Courts of Common Pleas in the counties through which 
the road passes ; and the expense thereof shall be paid by 
the said corporation. 

Sect. 3. Be it further enacted. That Aaron Davis and First meeting. 
William H. Sumner, aforesaid, be authorized to call tlje 
first meeting of the proprietors, at such time and place as 
they may think expedient. 

[This act passed March 7, 1806.] 



An act determining at w^hat times and place the Court of 
General Sessions of the Peace and Court of Common 
Pleas shall be holden within the county oi Norfolk, and 
for repealing all laws heretofore made for that purpose. 

o , , \y E it enacted hij the Senate and House of 
JtJ Representatives, in General Court assem- 
bled, and hij the authority of the same. That from and 
after the first day of September next, the times and place 
for holding the Court of Common Pleas, within and for 
the county of Notfolk\s\i?\\ be at Dcdham, on the third 
Monday of September, the third Monday of December, 
and the last Monday of April, annually : — And the Court 
of General Sessions of the Peace, shall be holden at Dedr 
kanti within and for the county of Norfolk, on the third 

Monday 



New terms. 



ao POOR CONVICTS. March 7, An. I8d6. 

Monday of September, and on the last Monday of April; 
annually. 

Sect. 5. Be it farther enactccl^ That from and after 

Former lavfj the first day of May next, all laws, heretofoie niade^ de- 

'^^" "^ • termining at what times the Courts of Common Pleas-, 

and General Sessions of the Peace, shall be holdcn within 

and for the county aforesaid, be, and the same are hereby 

repealed, 

[This act passed March 7, iSOg.] 



An act in addition to an act entitled " An act authorizing 
the Courts of General Sessions of the Peace to liberate 
poor convicts from prison, and to dispose of them in 
iservice for payment of costs of prosecution." 

Sect 1 W ^ ^^ Enacted bij the Senate and House of 
1j tiepresentativcs^ in General Court as- 
sembled^ and bif the authority of the same. That from and 
after the passing of this act, the Justices of the Supreme 
Convicts may Judicial Court, be, and hereby are authorized, at any term 

be discharged, ,i ^ ' . ^ r ^ • i 

tehen they have tnereot, on motion made tor that purpose, to order the 
thr?e months ^^erifF of any county, in which said Court may then be 
for fine and holdcn, to liberate from prison any poor convict, who may 
costs. have been cornmitted to prison by order of said Court, 

when it shall be made to appear to said Cour^, that said 
convict has lain in prison for the term of three months, for 
fine and costs only, and that he stands committed for no 
other cause, and that he has not estate sufficient to pay 
Said fine and cost ; upon condition, however, that said 
Supreme Judicial Court shall order such convict to give 
his own note for the amount of said fine and costs ; payable 
to the treasurer of said county, to the use of said county. 
« Sect. 2. Be it further enacted, That from and after 

Comrof°Com^ the passiug this act, the Justices of the several Courts of 
mon Pleas em- Commou Plcas, withih this Commonwealth, be, and they 
powere . hereby are authorized, at any term of their respective 

Courts, on motion made for that purpose, to order the 
sheriff ®f said county to liberate from prison any poor con- 
vict, who has been committed to prison, by the order of any 
Justice of the Peace, or of the Court of General Sessions 
of the Peace, or of the said Court of Common Pleas, with- 
in said courity, when it shall be made to appear to said 
Court of Common Pleas, that said convict has lain in prison 
for the term pf three morithsj for fiiie and costs only, and 

tha^ 



CHARLESTOWN C. FUND. March 7, An. 1806. 81 

that he stands committed for no other cause, and that he 
has not estate sulficient to pay said fine and cost ; upon 
condition, however, that said Court of Common Pleas shall 
order said convict to give his own note for the amount of 
said fine and cost, payable to the treasurer of said county, 
to the use of said county, any thing in the act to which 
this is in addition to the contrary notwithstanding. 

Sect. 3. And be it farther enacted. That the Judge S^.p^i "'" 
of the Municipal Court, in the town of Boston, shall have Court empow- 
the satne power and authority in the county of Sufj'olk^^^'^'" 
which is by this act i^ven to the Justices of the Courts 
of Common Pleas. 

[This act passca iViarch 7, IS06.] 



An act to incorporate the trustees of the CharcestoivU. 
Charity Fund. 

c , , XJ E it enacted hif the Senate and House of 
fj Representati-^es, in General Court as- 
sembled, ami hij the aiithoritij of the same. That David ^ ^ , 
Goodwin, William Colher, vSilas Niles, John Carter, James sons incorpo. 
Harrison, Jacob iu)rster and Oliver Holden, and their sue- "'^'^> '^*^- 
cessors, be, and they hereby are incorporated by the name 
and title of the trustees of the Chariesto~ian charity fund, 
and shall so be and remain forever, and by the said name 
and title ma}^ sue and prosecute, and be sued and prosecu- 
ted to final judgment and execution. 

Sect. 2. Be it further enacted, That the said corpo- Corporation to 
ration shall liave a common seal, and may alter the same at ^^^"^ ^ ,'^°'"' 

1 1 1 II 1 111 /^ I mon seal, cV to 

pleasure, and shall have power to make bye-laws tor the make bje Jaws. 
government of its members and the preservation and ad- 
vancement of its property, not repugnant to the laws of 
this Commorjwealth. 

Sect. 3. Be it farther enacted, That the said trustees Corporation 
shall be, and they' hereby are made capable in law, of re- "'^^ '^^'Tt 

• • t ■ n 1 1 ■ r- ■ grants and be- 

ceiving grants or devises or lands or tenements, m fee sim- quests. 
pie, or for a less estate, and donations and bequests of 
money or other personal estate, from any person or persons 
whatsoever, and to improve the same for the purposes and 
according to the directions herein after mentioned. 

Sect. 4. Be it further enacted, That all grants, do- The grants,&c. 
nations, devises and bequests of real or personal estate, '« constitute a 
made to the said corporation, shall constitute a fund, the voSio^the Se 
interest and income of which shall be appropriated and °^ '^'^ p'^^- 
1. ' " faithfully 



S2 15111DGE IN WESTFORT. March 4, An. 180(>. 

faithfully ap}\lie(i (o the relief of tlie poor of the church 

nnd society now under the pastoral care of the Rev. W'iJl- 

iam Collier, at such times, and in such manner, as, in the 

opinion of the said trustees, will best comport with the 

original design of the institution ; and in the event of an 

excess of interest and income tor tlic purpose abovcmen- 

tioned, the said trusttx^s may apply tlie surplus to such 

other objects as they shall tliink will l^est promote the in- 

. terest of said church and society. 

Vacsnc;es?.s to Sect. .5. Be it further enacted^ That ail vaca?v;]v-s 

the board of whicli may happen in said board of trustees, shall be filled 

"ik^T/ the ^ by said church, at any regular meeting thereof, public no- 

«hutdi. (it^e being given of the said meeting on the Lord's day next 

preceding the same. 

Sect. 6. Be it farther enacferl^ That no person shall 

Membersofthe ^^ eligible to u scat at Said board, who is not a member of 

church only, 10 c,i^jj churcli ; and that every member who is duly elected, 

may retain his office so long and no longer than he is a 

member of said churcli, and in regular standing. 

Sect. 7- Be it further enacted^ That Oliver llolden, 
last meetuT-. ^^•> '*"^ ^^ ^^ hereby authorized to call the first meeting of 
said trustees, to be holden at such time and place as h(\ 
shall think projier. 

[This act passed jSIarch 7, 1806.] 



An act to incorporate John A. Parker and other proprie- 
tors, to build A toll bridge over Acoaxet river, in the 
town of JVestport. 



^ T3E it enacted bif the Senate and House 

-*-' of Bepreseututives, in General Court 

assembled^ and bi/ the authoritif of the same^ That John 

A. Parker and Levi Standish, together with their asso- 

£T"oc^rca*' ciates, successors and assigns, be, and they are hereby 

the iri'ige. made a corporation by the name of the Acoaxet Bridge 

Coinpauif, for the purpose of building a toll bridge over A- 

coaxet-river, in the town of Westport, in the county o4" 

Bristol, at a place where there is now a bridge, called 

Hix's-bridge ; and for this purpose shall have all the 

jiowers and privileges incident to, and usually given to 

similar corporations, for building toll-bridges, and shall 

do and sutler all such acts and things, as bodies pohtic 

may and ought to do and suli'er. 

Sect. 



BRIDGE IN AVKSTPOllT. M^irch 7, An. 1S06. S3 

St:cT. 2. Beit further puactcd. That the saidbriclge JJj^";:;^;^°<;^^ 
r?hall he well bnilt, with souinl anrJ (!ural)!e materials, at b.iigcpi(rs.r. 
least twenty-tour teet wide, witli a siUfi'ieiit raihng on ''"'' 
each si'le tor the sec rit* of j) is.s<^iit»ers, and a snfHcient 
draw tor the passint!: of vessels, n hich draw shall he twen- 
rv-six teet wide, and sfiall he constnntl;/ attended, and at 
all times be raised when required for thepassa^^e of vessels, 
hoth by day and by night, tree from toll : And the said pro- 
prietors shall provide in said bridLi;e otio arch, at least, of 
sulhcient height and widtii, for sc»)Ws an(i gondalo's, and 
other crafr, with their ladings, to pass under said bridge, 
at liiij^h water in connnon tides: And the said corpora- 
tion siiall be liable to pay all costs and damages which may 
ha ;>pen to any person, from wliom toil is demandable,. 
tor any damage which shall arise from any de-fect, or want 
of repair in the said bridge, upon a presentmeut of th<" 
grand jury for the county of Bristol^ 

Sect. J. Be it further enacted^ That for reimbur- ^, ,, . ... . 

, . , ; ' , . Ill- , 1 oil estafalifh. 

Sing to the said proprietors, their expences in building the ed. 
said bridge and keeping the same in good repair, a toll is 
hereby granted to the proprietors, according to the rates 
following, viz. for each foot passenger, tic o cent b- ; for one 
person and horse, four cents ; for each liorse and chaise, 
chair, gig or suikey, twelve and a half cents ; for each 
cart, waggon, sled or sleigh, drawn by one beast, eight 
cents ; and if drawn by more than one beast, fit^o cents for 
every additional beast ; for each coach, chariot, curricle, 
phaeton or other four wheel carriage, for ])leasure, drawn 
by two horses, tzcentij cents ; and if drawn by more than 
two horses, tiventif-five cents ; for all iiorses and neat cat- 
tle, singly or in droves, tzvo cents ea(;h ; and for sheep 
and swine, four cents by the dozen ; and at the same rate 
for a greater or h^ss number : And in all cases, the same 
toll shall be paid for all carriciges passing on said bridge, 
whether the Same have a load or passengers, or not : And 
at the expiration of twenty years, the Legislature shall, 
(if they see cause,) regulate the toll auevv. 

Sect. 4. Be it further enacted^ That if the said brirge Time o ^viid- 
shall not be completed within four yeai-s from the passing- !"^^"f 

' c \ • 1 I • 1 11 1 -I 1 r« -». - liiniled, 

or this act, then this act shall be void and of none eilect : 
Frovided hozvezer, that th.e said proprietors shall be au- 
thorized to demand and receive toll, according to the rates 
fixed in the foregoing section, during the said four years, 
or until a new bridge sliall be built and finished : Provi- 
ded aisoy tliat the said corporation shall be hoiden and i>'-' 

quired 



U SOCIAL LIBRARIES. March 8, An. 1806. 

quired to keep the present bridge constantly in safe and 
passable repair ; and in default thereof, shall be liiil>ie to 
presentment of the grand jury of the county," as is provi- 
ded in the second section of this act. 
Account of ex- Si<XT. 5. Be it further enacf(^f1., That when the said 
comTwbeex- ^^^^ brid,2:e shall be completed, the proprietors, their suc- 
hibited. cessors or assigns, shall cause a true account of the ex- 

pences thereof, and also, at the end of every three years 
afterwards, a true account of their receipts and disburse- 
ments, to be deposited in the ollice of the secretary of this 
Commonwealth ; and the said proprietors shall constantly 
keep in a conspicuous place, fairly exposed to view, a 
sign or board, with the rates of toll, of all the tollable ar- 
ticles, legibly written or printed thereon, in large or cap- 
ital letters : Provided however ^ that the said toll may be 
commuted, with any person or persons, or with any cor- 
poration, by taking a certain sum annually, as may be 
mutually agreed on, in lieu of the toll aforesaid. 

[This act passed March 7, 1S06.] 



An act to enable the proprietors of social libraries, to man- 
age the same. 

. „ c 1 IJE it enacted hii the y^enate and House of 

Any 7 or more SeCT. 1. O t> . /• • /> 1 r< ^ ^' 

persons may -*-^ Kepresentatives^ in ixenerat Loiirt as- 

society •'''and' a •5<?^^^^'^<^5 ^^^(^ % ^he aulhoritjj of the same. That any 
justice may is- scvcn OF morc persous, Capable of contracting, in any town 
fo?a^llming* ^"^ district in this Commonwealth,- who shall become pro- 
prietors in common of any librar3% may form themselves 
into a society or body politic, for the express purposes of 
holding, increasing, preserving and using such library; 
and to that end, any five or more of them, may by an ap- 
plication in writing, by them signed, to any Justice of the 
Peace, within the same county wherein the said town or 
district may be, stating the purposes of their meeting, and 
requesting him to issue his warrant for calling a meeting 
of the said proprietors ;- and the said Justice may grant his 
warrarrt to one of them, directing him to call a meeting of 
the said proprietors, at the time and place, and for the pur- 
poses expressed in such warrant ; and said meeting shall 
be called by posting up the purport of said warrant in 
some public place in the said town or district, wh ?re the 
said library shall be kept, seven days, at least, before the 
time of said meeting : And the proprietors being thus 

met 



SOCIAL LIBRARIES. March 8, An. ISOG. 85 

met and organized, they may then agree and determine 
upon u method of calimg future meetings : And in all 
cases, votes shall be determined by counting- and allowing 
one vote to each share : And the proprietors of any such 
iibrarys shall have power to possess and hold, to them, their 
successors and assigns, real or personal estate, to any a- 
mount, not exceeding //:'<? thousand doUars^ over and above 
the value of their books. 

Sect. 2. Be it further enacted. That any seven or oncers to be 

„ , . •'' ,-, I i-i • " chosen The 

more oi the proprietors ot such library, met in pursuance cierk to be 
of such notice, shall have power to choose a moderator, ^^^f"' •* ^^*= 

,., . ' ,, ' 1 1 .1 ill trejFurertogive 

Clerk, hbranan, collector, treasurer, and such other om- bond, 
cers as they may find necessary : And the clerk shall be 
sworn to the faithful performance of his duties ; and the 
treasurer shall give bond, Avith sufficient surety or sureties, 
faithfully to account for ail monies he may recieve by vir- 
tue of this act : And the said proprietors, when so incor- 
porated and oreanized, shall have power to raise monies 
by assessments on the several shares in such library, as 
they may judge necessary for preserving and increasing 
the same ; to make bye-laws for the due regulation of the 
concerns of the said corporation, not repugnant to the 
constitution and laws of this Commonwealth, and to an- 
nex and recover penalties for any breach of such bye-laws, 
not exceeding three dollars for any one breach thereof. 

Sect. 3. Be it further enacted^ That the proprietors Corporate 
of any such library, so incorporated, shall be called and ^^^' 
known by the name of the proprietors of the Social iJbra- 
ry in the town of , and by that name shall sue 

and be sued, prosecute and defend, plead and be implead- 
ed, in all actions and processes in law ; and when there 
shall be more than one such library in any town or district, 
the proprietors thereof shall be known and called by the 
name of the proprietors of the second, third, fourth, 
&c. (as the case may be,) Social Library, in the town " 
of 

Sect. 4. Be it further enacted^ That an act passed the Former law 
third day of March, in the year of our Lord, one thousand ''^i'^^-^*^- 
seven hundred and ninety-eight, entitled " an act to ena- 
ble the proprietors of social libraries to manage the same," 
be, and hereby is repealed : Provided nevertheless^ that 
with regard to all suits and causes of suits, and all rights 
existifJi!^ under, and by force of said act, it shall be con- 
sidered as in full force. 

[This act passed March 8, 1806.] 

An 



%^ CAMBRIDGE-P. AQUEDUCT. March 8, An. 1806. 

An act to incorporate Rufus DavenjDort and others, by 
the name of the Cumbndge-port Aqu'educt Corpora- 
t'lon^ 

Sect I XI ^' ^^ enacted hj the Senate and House of 
J_ Representatives^ in General Court as- 
Names of per- semhled^ and hif the authoritij of the same. That Rufus 
Jed- corpr''' ^^^^"Poi^ Royal Makepeace, Jonathan C. Hastings, 
rate name ; ai- Daniel Mason, John Coates and Josiah Mason, junior, 
iand,'^&c.^'''''' *^^^^ associates, successors and assigns, be, and they are 
hereby incorporated by the name of the Cambridge-port 
Aqueduct Corporation, and by that name, may sue and be 
sued, and do and suffer all matters and things which bo- 
dies politic mayor ought to do or suffer, and may purchase 
and hold one or more pieces of land, on the hills between 
Cambridge and Medford, in which certain springs are, 
and thence bring water in subterraneous pipes, to any and 
all places in Cambridge-port, (so called,) and may purchase 
and hold in said Cambridge-port, one or more pieces of 
land, and may construct and erect on said land, reservoirs 
and buildings, provided that said pieces of land shall 
not, in all, be more in extent than one piece of thr^e hun- 
dred feet square, and provided also, that the whole funds 
of the corporation shall never exceed Jiftij thousand dollars ; 
and provided that nothing in this act shall authorize said 
corporation to enter upon or use the land of any person 
without license therefor first had of the proprietors of such 
land ; and the shares shall be considered as personal prop- 
erty. 

Sect. 2. Be it further enacted. That any three of the 
Proprietors' persous abovc-namcd, mav, by advertisement in one or 

meetiiitr to be c j^\ rt * ii .■ r ■ \ 

called ; officers Hiorc 01 the Boston uewspapcrs, call a meetmg oi said pro- 
«iected ; and pnctors, to bc holdcH at any suitable time and place with- 

bye-iaws estab- • • i ^-y 7 . 7 * , 1 r 11 

lished. HI saici Lamoridge-port, seven days, at least, alter such ad- 

vertisement ; and the proprietors, by a major vote of those 
present, accounting one vote to each share, shall choose 
a clerk, agree upon amode of calling future meetings of 
said proprietors, and may also elect any other ofticers 
which to them shall appear necessary, for carrying into ef- 
fect the object of their incorporation, may enjoin and or- 
der fines and penalties for the breach of any of their rules 
and bye-laws, not exceeding ten dollars for any one breach 
thereof : And all persons appearing at any of said meet- 
ings to represent any of said proprietors, shall have an ap- 
pointment in writing, signed by the person so to be repre- 
sented, which shall be filed with, or recorded by the clerk 

of 



COMBRIDGE-P. AQUEDUCT. March 8, An. 1806. 87 

of t\\e. corporation, whose duty it shall be fairly and truly 

to eiiUT i'.v.d. record, in a book to be kept for that purpose, 

this act, and all rules and bye-laws, votes and proceedings 

■ corporation ; and the clerk, chosen as aforesaid, 

sworn to the faithful disch:^r9:e of the duties of his 

otti^- 

Sec: r.'f/vkv- c/.«c'.:./, rhat the said propri- Any hishv-.-.)- 

etors b are hereby authorized to enter upon ^^^ * "' ^^' 

and diij hway for the purpose of placing such 

vf ' :?*^cessary to complete said aqueduct, or 

To ;>e saitie : Provided^ they do not thereby 

»r. , i.ipede the passing of travellers. 

' cCT. v. Be it further enacted, That any person who p^^^^^^ ^^ J 
rl:..i[ willfully injure said aqueduct, shall be subject to the punished wh^ 
:v.i'^.ie penalties as are provided in the second section of an ^^e aqueduct* 
net entitled " an act for the more effectually preventing 
trespassers in divers cases," passed in the year of our Lord, 
one thousand seven hundred and eighty-five, and shall be 
liable to make good all damages done to said proprietors. 

Sect. 5. Be it further enacted. That the mode of Mode of trans, 
selling or transfering the shares of said corporation, shall ^^""s share*. 
be by ({e^'d, acknowlerlged before a justice of the peace, 
and recorded by the clerk of saicl corporation, in a book 
kept for that purpose. 

Sect. 6. Be it further enacted. That whenever any shares of dcUii. 
proprietor shall neglect or refuse to pay any tax or assess- ^Jj^"^* ""'^ ^* 
ment, duly voted and agreed upon by the said corporation, 
to their treasurer, within thirty days after the set time for 
the payment thereof, the treasurer is hereby authorized to 
sell, at public vendue, the share or shares of such delin- 
quent proprietor, one or more, as shall be sufficient to de- 
fray said taxes and necessary and incidental charges, after 
duly notifying in one or more newspapers printed iii Bos- 
ton or Camhridge-port, the sum due on any such shares, 
and the time and place of sale, at least twenty days pre- 
vious to the time of sale, and such sale shall be a trans- 
fer of the share or shares sold, to the person purchasing, 
and on producing a certificate of such sale from the trea- 
surer to the clerk of such corporation, the name of such 
purchaser, with the number of shares so sold, shall be by 
the clerk entered on the books of the said corporation ; 
and such person shall be considered, to all intents and 
purposes, the proprietor thereof ; and the overplus, if any 
there be,-'' shall be paid on demand by the treasurer, to the 
person whose shares were thus sold. 

[This act passed March 8, 1S06.] An 



83 SPRINGFIELD FUND. ' March 8, An. 1806. 

An act to establish a fund for the su])port of the gospel 
ministry in the first parish of the town of Springfield^ 
in the county of Hampshire^ and to appoint trustees for 
the management thereof. 

Preamble. "TXyTPIEREAS the inhabitants of the first parish, in the 

V V town o^ Springfield^ have petitioned that certain 

real and personal estate, appropriated for the support of 

the ministry, may be vested in trustees, and applied to 

that purpose : 

Sect. 1. BE it enacted bii tJie Senate and House 

Names ©f per- /> 7-> , ,• ' ry i t> i i i i 

sons incorpo- oj Jtiepresentatwes^ in Lreneral Court assembled, mm 
rated; corpo- ^» ff^(, authoritii of the same. That Tiiomas Dwiaht, John 
general powers. Hooker, Jacob Bliss, Gcorgc Blake, Judah Chapin, George 
Bliss and Jonathan Dwight, jun. so long as they shall re- 
main inhabitants of said parish, be, and they hereby are 
constituted a body politic and corporate, by the name of 
the trustees of the ministerial fund in the first parish in 
Springfield, and they and their successors, shall be and 
continue a bod}' politic and corporate, by that name, forev- 
er, and shall have a eommon seal, and may alter the same 
at their pleasure, and by that name may sue and be sued, 
in all actions, real, personal and mixed, and prosecute and 
defend the same to final judgment and execut-on : And 
the said trustees and their successors may and shall, annu- 
ally, elect a president and a clerk, who shall be sworn to 
the faithful performance of the duties of his office, and a 
treasurer, who shall give bond, with sufficient surety or 
sureties, faithfully to account for the monies he may re- 
ceive by virtue of this act. 
Trustees invest- Sect. 2. Be it further enacted. That the real estate, 
ed with the es- belonging to the said parish, appropriated for the support 
itosei?^'"'^' of the ministry thereof, and the proceeds of the sale of any 
/ands, so appropriated and already sold, be, and hereby 
are vested in said trustees and their successors ; and the 
said trustees, be, and hereby are authorized to sell and con- 
vey the whole or any part of said real estate, and to make, 
execute and acknowledge, a good and sufficient deed or 
deeds thereof, which deed or deeds, subscribed by their 
president, by direction of said trustees, with their seal 
thereto affixed, and by them duly acknowledged, shall be 
good and effectual in law, to pass and convey all the 
right of said parish, in and to said real estate, to the pur- 
chaser thereof, to all intents and purposes wh|itsover : 
Provided ho'vvever., that nothing herein contained shall 

extend 



SPRlNGFll-LD FUND. .y_ j,^^,.,;; S, An. 1305. -' 31 

extend to the northerly ball" of the «^"^-^^,vell and others 
opposite the same, until the said first pariSn ^ .. - • r/-»/, , ., . 
the said trustees to sell and convey the same. 

Skct. 3. JJe if fur-thci' cnctctc(h That the number of 

, ,, ^ ••' ■ I ,1 Number of 

trustees shall not at any tmie be more than seven, nor i^.tetrs limited 

less than five ; a major part of whom shall constitute a ^ ^^"^ ''o^rd 

quorum for transacting- business ; and they shall and may, JcmovV tr«s- 
ti-oni time to time, fill up vacancies in their number, tec;; and supply 

, . , , I 1 1 • • 1 1 vacancies. 

winch may happen by death, resignation, removal or oth- 
erwise, from the inhabitants uf said parish ; and shtdl have 
power to remove any of their numbr^r, who may, fromagej 
infirmity or miscondyct, become unfit to discharge his 
duty : And the said trustees shall annually hold a meet- 
ing in jNlarch or Aprilj and as much oftener as necessary, 
to transact their business : And Thomas D wight, Esq; 
is hereby authorized to appoint the time and place of the 
first meeting of said trustees, and to notify them accord- 
ingly : And said meetings, after the first, shall be called 
in such a way and manner as the said trustees shall direct. 

Sect. 4. Be if fuHlier enacted^ That any gift^ grant, Trustees em- 
bequest or devise, hereafter made to the said trusteeSj P'^wered to re- 
shall be valid and effectual to all intents and purposes and to SiTeS 
whatsoever ; and thev and their successors as aforesaid, ^''^''' ^\ ^"- 

I , \ ,1 111 1 • come to be ap- 

are hereby empowered to take, have, hold, use and nn- p>opriated to 
prove, any estate, real or personal, the annual ^"come 'Jj^J^jy^P^"^ "^ 
whereof shall not exceed the sum of tii:>o thousand dollars^ 
in trust for the support and maintenance of the gospel 
ministry in said parish : And thenett annual income, or 
interest of said fund and estate, shall by said trustees be 
annually paid to the regular settled and ordained minister 
of said parish, unless the said parish, at a legal meeting 
for that purpose duly assembled, shall direct the said in- 
come to be put at interest, as an accumulating fund : 
And during any vacancy in the said parish, of a regularly 
ordaiiied arid settled minister, such income sliall also be 
appropriated to the increase of the principal fuiid. 



Sect. 5. Be it father enacted^ That the said fund The fund to4 

inai 
ble. 



shall always be holdeil and ciaim-ed to be unalienable, and 'f ^ "' '•''i««*- 



shall never be used or applied to any other purpose than 
the support of a settled minister in the said parish : And 
the said trustees, their officers, agents or attornies, shall 
never receive any compensation, for any services pei form- 
ed by virtue of this act, from any part of said fund. 



S8 SPRINGFIELD FUND. March 8, An. 1S06. 

.^^oiibie "^" ^^^ ^^ ^stdhXi^hfurthcr enacted. That it sfiall be the 
i«,poasi e. ^^(ijii^f ^1^3 ^n^\^ trustees, to use and inriprove such fund 

or estate, as shall be vested in them by virtue of this act, 
so as best to promote the design thereof : And each of 
the said trustees shall be personally amenable to the in- 
habitants of the said parish, for his neglect or misconduct^ 
in the management and disposition of said fund or estate ; 
and said inhabitants may have and maintain a special ac- 
tion of the case, against the proper persons of such trus-* 
tees, and his goods and estate, for such negligence or 
misconduct, and recover adequate damages therefor ; and 
such sum, so recovered, shall be for the benefit of said fund^ 
and shall be paid accordingly. 

Trustees to Sect. 7. Be it further enacted^ That the said trus-- 

eorZ&maket^^^^s shali Ivcep a fair record of their proceedings, and a 
statement an- Statement of their funds and estate, and shall annually 
^^'^ ^' exhibit a fair copy of such statement, to the inhabitants of 

the said parish, at their annual meeting in the month of 

March or April. 

Sect. S. Be it further enacted^ That when final judgment 
Trustees guilty shall be rendered agaiust any of said trustees for neglect or 
of misconduct misconduct in the manao-ement or disposition of said fund, 

to be removed; , ini i ^ ^- ^^ n -k c- • • 

& rheparishto uc Shall DC thereby disqualmed from contmuujg a trustee ; 
*;'' T'''''"'''f '^ and in case said trustees shall not, within three months 

the board does r , . , i i i- j 

Hotsaasonabiy. alter such judgment, remove such delmquent trustee, and 
elect another in his stead, or shall permit any vacancy by 
which their number shall be reduced to less than five, ta 
remain unfilled for more than three months, it shall be 
lawful for the said parish to fill such vacancy. 

_ Sect, 9. Be it farther enacted. That the monies ari- 

keep the men* sing from the sale of said lands or otherwise, in the hands 
'*> *'^ interest. q{ i\-^q g^j^j trustccs, shall be by them put and kept at in- 
terest, as much as may be, and secured by mortgage of 
real estate to the full value of the estate sold or let, or by 
two or more sufficient sureties with the principal. 

[This act passed March S, 1806.] 



An 



MECHANIC ASSOCIATION. March 8, An. 1806. " 91 

An act to incorporate Jonathan lIunpAvell and others, 

into a society, by the name of the Massachusetts Char^ 

itablo Mechanic Association. 

^ X?^ ^^ ("iiacted b 'I the Senate and House of 

• ^^^^' • Jj llepresenfatives^ in General Court as- The general 
semhled, and tnf the aujthoriti/ of the same, That Jonathan j;^^;^;;,;^^^ '^^* 
liunewell, and all those who have, or may hereafter as- the purposes 
sociate with him, be, and they are herv^)y incorporated {"^^^^"^^^^ ""'H' 
and made a body politic, by the name of the Mussachu- made. 
setts Charitable Mechanic Association, and by that name 
shall be known in law, and shall be capable of sueing and 
being* sued ; and shall have power to have and keep a 
common seal ; to make bye-Iavvs for the election of their 
members and officers ; the collection of assessments ; the 
regulation of their meetings, and the appropriation of their 
funds for charitable uses ; but shall not have power to 
make bye-laws or regulations for any other purposes what- 
soever. 

Sect. 2. Be it further enacted. That the said corpo- Amount of re- 
ration shall have power, and shall be capable in law, to '■i=^"'^p,7^°'^^ 

I ' * . J estate allowed 

purchase, have, hold, use, take, possess, retam and en- to be held, 
joy, in fee simple or otherwise, any personal or real estate, 
within this Commonwealth, not exceeding the value of 
forty thousand dollars in real estate, and ten thousand dol- 
lars in personal estate ; and the same to sell, alien and 
dispose of, at their pleasure. 

Sect. 3. Be it further &nacted. That the annual in- objects to 
come of said corporation shall only be employed for the ^o^^^^i^^Je^Q"^" 
purpose of relieving the distresses of unfortunate mechan- tei. 
ics and their families, to promote inventions and improve- 
ments in the mechanic arts, by granting premiums for 
said inventions and improvements, and to assist young 
mechanics with loans of money. 

Sect. 4. Be it further enacted, That the said corpo- Corporation tc 
ration shall be and continue for and durin^i the term of '^'^'^^"''^^ '^'^ 
ten years, unless the legislature shall, within that time, 
see fit to dissolve the same. 

Sect. 5. Be it further enacted. That Jonathan Hun- Persons awth'^. 
ewell, Benjamin Russell and Francis Wright, be, and they grsi'^meetlnK' 
hereby are authorized and empowered to call the first meet- 
ing of the said corporation, by giving notice of the time 
and place thereof, in two of the newspapers printed in 
Boston., thirty days, at least, before the time of such 
meeting. 

[This act passed March 8, 1806.] 

An 



g? PARKER (5- FALLS RIVERS. March 8, An. }S06, 

An act to remove and prevent obstructions to the passage 
of shad, alevvives and other (ish, in Parker-river and 
the Fulls-river, so called, in the county ot" llssex^ and 
the streams and brooks running mto the said Falls-river. 

c 1 "lO E if enacted bii the Senate and House of 

Sect. L JO r> / /• • r^ i n ^ ^ 

-^-^ liepresenfafives^ m irenerai Lourt as- 

- , .semhled. and bii the anthoritu of the same. That all 

Owners of ' -J r- " -ii t t i ' 

dams to make thc owncrs or occupants 01 any mill-dam, or other dam 
^"'^'^■^^p "1'^" heretofore erected and made, or that shall be hereafter 

passage-ways ,. i-'r»'-iiii 

Air the fell, made across the rivers, streams or brooks aioresaid, shall, 
at their own expense, within six months after the passin;;- 
of this act, make a sufficient way round or through their 
respective dams, for the passage of shad, alewives and 
other fish, up into the ponds connected with said rivers ; 
and shall, at their own expense, keep open such passage- 
ways, from the fifteen th day of April to the first day of 
June, in everv succeeding' vear ; and no owner or occu- 
pant of any such mill-darn, shall, at any tunc between the 
said fifteenth day of April and first day of June, in every 
year, draw off the water at his mill in such manner as 
not to leave the sluice-ways ; which shall be made as afore- 
said, full of water ; and if any such siuice-way be closed 
or shut within the times aforesaid, thc owner or occupant 
of the dam where such sluice-way is made, and also everv 
such owner or occupant who shall draw off the Avater at 
his mill, contrary to the provisions of this act, shall for- 
feit and paj'^ a sum not exceeding /^'r^ hundred nor less than 
, one hundred dollars for each offence, to be recovered by 
indictmicnt before thc Court of Common Pleas in and for 
said county of Essex ; one half thereof to the use of the 
Commonwealth, and the other half to the use of the poor 
of the tov.-n where the ofience shall be connnitted. 

Sect. 2. And zvhereas' the petitioners for the removal 
Aaron liobart, of said obstructious, and the parties interested in the sev- 
esq. to deter- qyq\ dauis aforcsaitl, have mutually agreed that Aaron llo- 
ISl-" & dlme^n-^ bart, Lsquirc, of Abington^ be appointed to repair to said 
sions of the (Jaiii<;^ gt tlic cxpcuse of tlic Said petitioners, and to deter- 
passagt-ways. ^^^-^^^ ^l^^ dimeuslous and the most proper place in each 
dam for the passage-ways aforesaid : 

Be it further enacted. That the said Aaron Ilobart, Es- 
quire, be, and he is hereby appointed to repair to and ex- 
amine said dams, at the expense of the said petitioners, 
and there to order and determine the most proper place at 
«ach dam for making such passage-ways ; the breadth and 

d»^ptli 



PLUMC-ISLAND. March 7, An. 180^ 93 

d(?pth thereof, and tlic niiunier in which they shall be 
n\;ule ; and to make a retnrn in writing, on or before the 
first day of Jnly next, of his doings herein, into the offica 
of the secretary of this Commonwealth, to be tluie filed 
•<i\u\ kept with the records of the Commonwealth : And 
every snch passage-way, made and kept conformably to 
the order and deterniination of the said Aaron llobart, to 
bp niade as aforesaid, shall l)e taken and considered as a 
good and sulticieait way for the passage of said fish, ac- 
cording to the provisions, of this act. 

Sect. J. Pravided nei'crthidcsA\ aud be it further en- Court of Ses. 
acted. That if the said Aaron Hobart shall not, on or be- ;|,°i^;,;:4-''' 
fore the said first day of July next, make his order and de- ways, in casa 
termination in the premises, and return the same as afore- '"^egTects!"'*'''^ 
said, the Court of Sessions for the county oi Essex, shall 
and may at any term thereof, on the application of any 
party interested, cause the place, and the dimen^^ions of 
such passage- w^ays round or through the several dams afore- 
said, to be fixed and determined in the manner heretofore 
provided by law : And in ciise any new dams shall be 
hereafter erected and made across any of the rivers^ 
streams or brooks aforesaid, the s?id Court of Sessions 
shall and may, in like manner, cause the place and di- 
mensions of the passage-ways round or through said new - 
dams, to be fixed and determined according to law : And 
jjroz'ided also, that this act shall be in force until the first 
day of May, wdiich will be in the year of pur Lord, one 
thousand eight hundred and sixteen, and until the end of 
the then next session of the General Court, arid no long- 
er. 

[This act passed March S, 1S06.] 



An act in addition to an act entitled '• an act regulating 
in certain particulars the improvements oi Flumb-Is/aud^ 
in the county of Essex, and repealing an act for the ef- 
fectual preventing of horses, neat cattle, sheep and 
swine, from running at large or feeding upon a certain 
island called Pliuxb- Island, lying in Ipsu'lch-baij, in the 
county of Essex,^' passed in the year of our Lord, one 
thousand seven hundred and thirty-nine. 

Sect 1 t? ^ ^^ enacted hij the Senate and House of 
jj Representatives, in General Court assem- 
hied, and by the anthoritii of the same, I'hat the third J'epaaS' 
section of the act to \vhich this is in atldition, eutiiled 



Third section 
of former law 



all 



94 WILLIAMCTOWN M. HOUSE. March 8, An. 1806, 

" an act regulating in certain particulars the improvements 

Q^ Plumb- is land, in the county of Essex, and repealing 

an act for the effectual preventing of horses, neat cattle, 

sheep and swine, from running at large or feeding upon a 

certain island lying in Ipsimch-baif, in the county of Es- 

sex^^ passed in the year of our Lord, one thousand seven 

hundred and thirty-nine, be, and hereby is repealed. 

yew ippropri- Sect. 2. Ee it further enacted. That the appropri- 

Xnvif ^^^ ^^^" ^^ ^^ fines, provided for in the first section of the act 

to which this is in addition, be, and hereby is repealed ; 

and that the said fines be, and hereby are appropriated to 

and for the use of the person or persons prosecuting therefor. 

[This act passed March 7, 1806.] 

An act to incorporate the proprietors of the meeting-house 
in JVi/liamstozi!?i. 

c I l^E it enacted b If the Senate and House of 

J3 Representatives, in General Court as-^ 
sembled, and by the authority of the same. That the per- 
name""^ gener- ^^^^ ^ho uow are, and who hereafter shall be proprietors 
si powers. of the mecting-house in WilUamstozvn, in the county of 
Berkshire, be, and they hereby are incorporated and made 
a body politic by the name of the Meeting-house corpora- 
tion in Williamstown, and by that name may sue and be 
sued, and shall be invested with all the powers, privileges & 
immunities to which similar corporations in this Common- 
wealth are entitled by law, and the said corporation shall 
be, and hereby are deemed in law to be seized of the same 
meeting-house, with the privileges and appurtenances 
thereto belonging. 
Froprietors au- Sect. 2. Be it further enacted, That the proprietors 
wionTes byTs-° of Said house, be, and they hereby are authorized and em- 
jessnaents ; & powcrcd to raise, by an assessment on the pews and seats 
deUnqSs to ^^^ ^aid housc, such sum or sums of money for finishing 
ii«soid. and keeping said house in repair, as they shall agree on at 

any legal meeting called for that purpose, and the same 
may assess, or cause to be assessed upon such pews and 
seats, as the proprietors, at any such meeting, shall deem 
proper, according to the respective valuation made there- 
of, and recorded in the proprietors' book ; and the sums so 
assessed shall be paid by the proprietors of such pews and 
9eats ; and if any proprietor shall neglect to pay such as- 
sessment, which shall have been legally made, for the 
?pace of one year, the treasurer of saii corporatioa shall 

b« 



Dan VERS. March 8, An. I8O6. 9i 

be authorized and empowered to sell all the estate and in- 
terest ol[^such delinquent proprietor in said corporation, at 
public auction ; first giving notice thereof, fourteen days, 
at least, previous to the sale, by posting up notifications 
at the front door of said house, and at some public licen- 
ced house or shop, at the south part of said Williamstown^ 
end also by publishing the same in the nighest nevv^spaper 
to said meeting-house, printed in said county of Berkshire, 
fourteen days previous to said sale, and to execute good 
and sufficient deed or deeds thereof, and after deducting 
said delinquent's assessment, with legal interest thereon, 
from the time of the assessment, with incidental charges, the 
treasurer shall pay the surplus, (if any there be,) to such 
delinquent proprietor. 

Sect. 3. Beit further enacted^ That any Justice of ^"y ^^^l*^* ®* 
the Peace ir) said county of Berkshire, be, and he is here- county*^ma" is- 
by empowered to issue his warrant to some principal mem- V^^^^ warrant 
ber of the said corporation, requiring him to warn the meeting.'* 
members thereof to meet at such time and place as shall 
be therein set forth, to choose a moderator, and a clerk, 
(who shall be duly sworn,) a treasurer and such other officers 
as the proprietors shall judge necessary ; and the modera- 
tor of that and all future meetings shall have power to ad- 
minister the oath of office to the clerk ; and all the officers 
thus to be chosen, shall continue till others are chosen in 
their stead ; and all future meetings shall be warned in the 
manner the proprietors shall agree on at their first meeting 
by a major vote, each proprietor having one vote, and no 
more, in all meetings of said corporation. 

[This act passed March 8, 1806.] 



An act to annex Samuel Page and others, in that part of 
Datroers, in the county oi Essex, lately the south par" 
ish, to the north parish in the said town. 

BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, ayid by the au- 
thority of the same. That Samuel Page, John Endicott, 
Moses Endicott, Nathaniel Putnam, Samuel Fowler, jun, 
Caleb Oaks, William Pinder, Jasher Needham, John 
Gardner, jun. and Amos Flints, all of the towTi of Dan- 
tiers, in the county of Essex, with their respective polls 
and estates, being in that part of Banvers, lately the south 
parish, be, and hereby are annexed to the north parish of 

said 



9Cy BOSTON UNPV. SOCIETY. March S, An. 1806. 

said Danvers, there to enjoy all the privileges of the said 
north parish, and to pay their })roportion of all necessary 
charges that may arise therein, so long as the act contin- 
ues in force, to empower the proprietors of the south meet- 
ing-house in the late South parish in Dan-jers, to raise 
money by a tax on the pews and seats in said meeting- 
house. 

[This act passed ISlarch S, ISOS.] 



An act for continuing an act entitled " an act pro- 
viding for the appointing of a reporter of decisions in 
the Supreme Judicial Court.'^ 

BE it enacted hif the Senate and House of Reprc^ 
sentatroes^ iii General Court assembled, and by the 
iiuthorilif of the sUme^ That the act entitled "an act pro- 
viding for the appointment of a reporter of decisions in the 
Supreme Judicial Court/' passed on the eighth day of 
March, .in the year of our Lord, one thousand eight hun- 
dred and four, and all the provisions therein, are contin- 
ued, and shall be in force until the eighth day of iSIarch, 
in the year of our Lord, one thoUsaiid eight hundred 
and eleven. 

[This act passed March 8, 1806.] 



An act to incorporate the proprietors of The frst Univer^ 
salist Societij in JUustoH. 

o IDE-// enacted bij the Senate and House 

ECT. 1. X> of liejiresentatives, in General Court 
asfemhledy and bij the authority of the same. That the 
froprietors^oi persous who now arc, and who hereafter may become pro- 
iouseincorpo. prictors of the meeting house, and of the land under, and 
«^. belonging to the same in the town of Boston^ now occu- 

pied by tlie denomintition of christians commonly called 
Universalists, wherein the Rev. John Murray is now or- 
dained as pastcir and teacher, be, and they are hereby in- 
corporated and made a body-politic, and religious society, 
by the name oithejirst Vniversalist Society in Boston^ and 
by that name may sue and be sued, and shall be invested 
with all the powers, privileges, and immunities to which 
other religious societies are entitled by the constitution 
and laws of this Commonwealth; for religious purposes 

only. 



BOSTON UNiV. SOCIETY. March 8, An. 1806. ^7 

only : And the said society shall be capable in law to 
purchase and hokT estate, real or personal, for the use of 
"said society, provided the annual income thereof, shall not 
exceed, at any time, the value of tJrree thousand dollai^s. 

Sect. ?. Be it further enacted^ That the proprietors of 
the said house be, and thev are hereby authorized and em- ^'^^^"f f "^'7 1* 

' ' *' , . raised by as'^ess- 

povvered to raise, by assessment, on the pews and seats in ment?, and th« 
^aid house, such sum or sums of money, for the settlement p^^'of '**■''": 

' . . . y . -L T-ients may »• 

and maintenance of a nnuisteror mmisters, repairmg said sold, 
hous(^, and other expcnces of pubhc worship, with such , 
incidental charges, as they shall agree on, at any legal 
meeting, called for that purpose, and the same may assess, 
or cause to be assessed, upon such pews and seats as the 
proprietors, at any such meeting, shall deem proper, ac- 
cording to the respective valuation made thereof, and re- 
corded in the proprietors' book, and the sums; so assessed 
shall be paid by the proprietors of such pews and seats ; 
and if any proprietor shall neglect to pay such assessment, 
which shall have been legally made, for the space of one 
year, the treasurer of the said society shall be authorized 
and empowered to sell all the estate and interest of such 
delinquent proprietor in said corporation, at public auction, 
first giving notice thereof, fourteen days, at least, previous 
to the sale, by posting up notifications, at two of the doors 
of said house, and upon such sale, to execute good and 
sufficient deed or deeds thereof ; and after deducting said 
delinquent's assessment, with legal interest thereon, from 
the time of the assessment, with incidental charges, the 
treasurer shall pay the surplus, if any there be, to such 
delinquent proprietor. 

Sect. 3. Be it further enacted, That Jonathan Hune- J- Hane- 
well, Esq. or any other justice of the peace, for the coun- nion'sedioissue 
ty of Suffolk, be, and he is hereby empowered to issue ^ waarant for 
his warrant, directed to some member of the said society, '' "^^^''^S' 
requiring him to warn the members thereof, to meet at 
such convenient time and place, as shall be therein set 
forth, to choose a moderator, clerk, treasurer, and such 
other officers^ as they shall think needful, who shall be 
duly sworn to the faithful discharge of their respecti ve offi- 
ces ; and the moderator at that, and at all future meetings, 
shall have power to administer the oath of office to the 
clerk. 

[This act passed March 8, 1806.] 

N Am 



98 ENGINE MEN. March 8, An. \m6. 

An Act in addition to an Act entitled " An Act empow- 
ering the selectmen of snch to\Mis, where there may be 
tire-engines, to appoint enginemen, and repealing the 
laws heretofore made for that pnrposc." 

n , 1^ E it enacted bij the Senate and House of 

Selectmen au- ' ' ' J^ Rept^eseutatiics ^ in General Court as-^ 
clJ^Is^thenum- ssmbled^ and bij the authority of the same^ That the se- 
ber 01 engine lectmen of the several towns in this Commonwealth, be^ 
csSng^six/^" 8,nd they hereby are respectively authorized and empower- 
ed, if they shall juxlge it expedient, to nominate and ap- 
point, from time to time, from and after the passing of this 
act, any number, not exceeding six men to each engine, 
in addition to the number of fifteen men now authorized 
by the act to which this is an addition, amounting totwen- 
t3'-one men for each engine. 

Sect." 2. Be it further enacted^ That the selectmen of 
creasTaUowe'di thc scvcral towns in this Commonwealth, be, and they 
if the consent hereby are respectively authorized and empowered, if they 
^^.iiitary offiS shall judge it expedient^ to nominate and appoint, fron? 
IS obtained. time to time, from and after the passing of this act, any 
number, not exceeding four men to each engine, in addi- 
tion to the said number of twenty-one men ; provided 
however, that such addition be made with the consent of 
the connnanding officers of the respective mihtary compa- 
nies, from which such additional number may Le taken : 
And provided also, that no military company be thereby 
reduced under the number prescribed by law : And all 
enginemen, appointed in pursuance of this act, shall con- 
tinue in office during the pleasure of the selectmen of 
the several towns, whereto they may belong, and shall 
enjoy all the privileges and exemptions to which other en- 
gine men are, or may hereafter be by law entitled. 

Sect, 3. Be it further eruictcdy That the said selectmen 
5Smfn.'^^ may, in their discretion,, select from the enginemen afore- 
said, any number for each engine in their respective towns, 
whose duty it shall be, under the direction of the fire- 
* wards, to attend fires therein, with axes, firehooks, fire- 
sails and ladders, and who shall do such further duty as 
the said selectmen shall, from time to time, prescribe, and 
shall be entitled to all the exemptions and privileges afore- 
said. 

£Thifi act passed March 8,_1806.] 



An 



PROBATE COl^RT. March 7, An. li^Oft. ^ 

An act for fixing the times and places of holding the Court 

of i^ubate within and \ox the county of Middlesex^ and 

for otlier purposes. 

T>R it enacted hij the Senate and House 

- ' ' * -*-' of Jiepre^icntiit'rces, in General Co«/"^ Timr> and pia- 
ussembled, and hi) the ant /writ ij of the same. That the J^^ CoJlu"*'"^ 
Court of rrobate within and for the county of Middlesex, 
from and after the first day oi' May next, shall be holden 
Jit the several times and places hereinafter mentioned, that 
is to say, at Cambridge, on the second Tuesday in January, 
May, November and December, and on the last Tuesday 
in August : At Concord, on the second Tuesday in April 
and June, and on tlie first Tuesday in October and De- 
cmuber : At Groton, on the fourth Tuesday in May, and on 
the third Tuesday in October : At Framingham, on tiie 
tliird Tuesday in June, and on the second 'Uuesda}'- in Oc- 
tober ; At Woburu, on the fourth Tuesday in April ; and 
at Chelmsford, on the third Tuesday in September, annu- 
ally, unless the said times and places shall be altered on 
special occasions as herein after provided. 

Sect. 2. Be it further enacted. That when the said t , 

11 1 II I i- I • ^ p 11 Judge of Profc. 

tjmes and places shall be tound to mterrere with the terms bate may alter 
or sessions of other Courts, or when the judge of said ^'Jaces™^ ^""^ 
Court of Probate, for the time being, shall be prevented, 
by reason of sickness, inevitable casualty, or other cause, 
irom holding the same at the time prefixed therefor, or 
when it shall appear to liirn to' be for the general benefit or 
the interest of individuals, he shall be, and is hereby fully au- 
thorized and empowered to appoint such other times or 
places for holding said Court, as he shall deem expedient, 
by giving public notice thereof, or notifying all concerned, 
and the said Court shall and may be adjourned, from time 
to time, and any suit, process or proceedings therein, con- 
tinued to such time and place as the said Judge may order 
and direct, any law to the contrary notwithstanding. 

Sec^i. .'3- Be it further enacted. That from and after 
the first day of May next, an act entitled " an act for fix- ^*'''"" ^a*'*^ 
ing the times and places of holding the Courts of Probate, ^""^ ^ * 
within and for the county of Middlesex,'* pas'sed the fif- 
teenth day of March last, be, and the same is hereby re- 
pealed. 

[This act passed March 7, 1S06.] 



An 



100 . CUMRERLAND COURTS. March S, An. 1806. 

All act to make valid in- law the parish meetings of the 
inhabitants of the west parish of Bethel, in the county 
of Oxford, and for other t>urposes in said act ixientioncd. 

Sect 1 "FS^ if enacted by the Henafe and House of 
3-9 Bspresentathes^ in General Court as- 
sembled^ and bif the authoritij of the same. That the sev- 
ings, ' aiKT^the ^^^ paosh meetings heretofore holden by the inhabitants 
the7eaTS% ^^ ^^^^ ^^^^^ paHsh of the town of Bethel, in the county 
•d^iSid'^'' ^^' of Oxford, ia the months of March or April annually, 
for the choice of parish oflicers, and for the purpose of 
raising monies for the annual payment of the salary of the 
minister of said parish, and for such other purposes as. 
are authorized bylaw, be estabhshed and held valid in 
law. 
The doings of Sect. 2. Be it farther enacted. That the acts and do- 
and records*^ of *"8*s of the assessors of said parish, and the record' of 
the clerk ren- said parish clerks be estabhshed and made valid inlaw, 
to ail intents and purposes, as though it appeared of re- 
cord that the said parish assessors and clerks had always, 
been sworn, as by law required. 

[Thi« act passed March 8, 1806.] 



An act in addition to an act entitled " An act deter- 
mining the times and places of holding the several 
Covrts of Common Fleas and Courts of General Ses- 
sions of the peace, within and for the county of Cum- 
berhnd." 

WHEREAS by the act entitled an act determining 
the times and places of holding the several Courts 
of Common Fleas and Courts of General Sessions of the 
Peace within and for the county of Cumberland, no pro- 
vision is made, for continuing over to the Court of Com- 
inon Fleas to be holden at Portland, on the third Tuesday 
of November last, such processes, recognizances and other 
matters, or for returning to said court such writs, attach- 
ments, recognizances, or 6ther matters and things, which 
before the passing of the act aforesaid, had been made 
returnable to the Court of Common Fleas to be holden 
at New Glocester on the third Tuesday of October last : 

BE if enacted by the. Senate and jlouse of' Represen- 
tatives, in General Court assembled, and by the authori- 
ty of the same. That all such processes, recognizances, 
writs, attachments, or other matters aod things, which, 

l^eforf! 



TllOMASTON, N. PARISri. March 10, An. 1806. 101 

before the passing of said act had been continued over, or 
which had been made retiuna])le to the Court of Common 
l^leas to be holden at Neza Ghcester on the third Tuesday 
of OctobcT last, be, and hereby are confirmed and made 
vahd to ail intents and purposes whatever, in tlie same 
manner they would have been, had they been regularly 
continued and made returnable to the said Court of Com- 
mon Pleas, holden at Portland on the third Tuesday of 
November last. 

[This act passed March 8, 1806.] 

_ ^_ : 

An act to incorporate the northerly part of the town of 
TJioinastori, into a separate parish, by the name of the 
north parish in Thomastou. 

<s X^^ *^ enacted hij the Senate and House of 

2)ECT. 1. X» Representatives, in General Court as-^l''^^^^ •^ 
sembled, and hij the authoritij of the same, I'hat the lands 
described within the following hues, with the inhabitants 
thereon, be, and hereby are incorporated into a distinct 
and separate parish, by the name of the north parish in 
Thomaston, viz. Beginning at a stake and stones on the 
eastern shore of the Bay, part of St. George's river, from 
thence running south, sixty-eight degrees east, on the 
line between the lands of Messieurs Stackpoles on the 
north and Loveitt on the south, to the salt marsh, called 
"Wesaweskeag ; thence by the southerly end of said marsh 
to the great Creek ; thence northerly up said Creek, to the 
southerly line of James Stackpole Junior's marsh ; thence 
by the southerly and easterly lines of said Stackpole's marsh, 
and the line between other marsh and the upland, to the 
southerly line of lot number eight, on Owl's-head neck, 
so called ; thence easterly by said line, and northerly bj 
the easterly hneof said lot number eight, and by the line 
between Gen. Knox's marsh, and the lands of Joseph and 
Josiah Ingraham, to the northerly line of the land of Jo- . 
seph Ingraham, Esq. ; thence easterly by said line, (the 
lands of Abraham Simonton and John Goding adjoining 
on the north thereof) to the shore of Owl's-head Bay, so 
called : And the said north parish is hereby vested with 
all the powers and privileges to which other parishes are 
entitled by the constitution and laws of this Common^ 
wealth. 

Sect. 2. Be it further enacted. That either of the Amy justice 
justices of the peace for the county of Lmcoin, be and he 'ZlZf ""^ 

is 



103 EELL-POND. March 10, An. 1806. 

is hereby authorized to issue his warrant, directed to some 
member of the said north parish, requiring him to notify 
and warn the inhabitants of said parish, quahfied to vote 
in parish affairs, to meet at such convenient time and 
place as shall be appointed in said v/arrant, to choose such 
officers as parishes are by law emj>o\vered and required to 
choose at their parish meetings. 

[This act passed March 10, 1806.] 



An act to revive and extend an act entitled " an act pro- 
viding a passage for fish, from M.'/siic-riverby Rell-pondy 
so caUed, in the town of MaUyuJ'^ ** 

The to-xn au- 'Sfct 1 "^^^ ^^ ^nacfed bif the Senate and House of 
thorized to * * -AJ Representatives^ in General Court as^ 

way ovefr'cer- sembled^ and hif the anthorifif of the sanie^ That it shall 
tain dam. be lawful for the town of Maiden, at their own expense, 
to construct a passage-way for the fish over tiie mill-drim 
of Samuel Tufts, which stands on the stream leading from 
said pond, and for that purpose to cut away so much of 
the waste board, between the two easternmost posts of 
said dam, as to reduce the same four inches below hi* 
right to flow, so as to admit of said passage-way, to pass 
over said dam in that place, and so up said stream, which 
said passage-way shall be built and kept in repair until the 
seventh day of Alarch, in the year of our Lord, one thou- 
sand eight hundred and eleven, from the tenth day of A- 
pril to the twentieth day of May, inclusive, in each year, 
at the exigence of said town. 
Samuel Tufts Sj-^x. 9. Be it further enacted, That it shall be the 

directed to keep . r> i • i l^ " i -n r^ i - • i i 

the dam la re- duty 01 tlic Said bamucl luits, durmg said term, to keep 
pair, &z. jjjg g^jj (^.^j^ jj^ jjg good re^pair as it now is ; and if at any 
time the same shall be out of repair, and he shall not re- 
pair the same in a reasonable time, it shall and may be law- 
ful for the town to repair the same, and to recover of said 
Samuel Tufts, double the amount of the expence thereof, 
with costs of suit, by an action of the case, in any Court 
proper to try the same ; and also that the said Samuel 
Tufts shall not improve any mill from the fifteenth day of 
April to the fifteenth day of May, annually, except his 
mills for grain : And if the said Samuel Tufts, should at 
any time waste or draw off the water above said dam, with 
an intent to defeat the object of this act, he shall forfeit 
and pay for each offence, a sum not exceeding ^y^y dollars^ 

nor 



EELL-POND. March 10, Ail. i806. loi 

JiOr loss than tii^entij dollars, to be recovered as is provided 
in this act. 

Sect. 3. Be it further euacled. That it shall be lawful 
for the said town of M<iideny at their annual meeting in Committee Xo 
March or April annually, during said term, to choose a kee'pfhtslream 
committee^ by ballot^ of three, five or seven freeholders of ^^^^^ <^ o^stmc- 
said towHj w hose duty it shall be, and they, or the major ^'''"*' 
part of them, are hereby authorized and empowered to 
keep the stream aforesaid free and clear of all obstructions 
-to the passage of said fish, through the w^hole course of 
said stream ^ivom Mystic-river to Eell-pond : Provided, that 
nothing in this act contained, sliall be so construed as in 
any manner to affect any interest in said stream, or the 
privileges or appurtenances thereto belonging, claimed by 
said town or by the said Samuel Tufts. 

Sect. 4. Be it further enacted. That during the said ^.v , . 
term it shall' not be lawful for any person to take any taWn'cJna'S 
shad or alewives in the said stream, oftener, or more than ^''^*- 
two days in each week, viz. from sun-rise on Monday 
morning, to sun-rise on Tuesday morning, and from sun- 
rise on Friday morning^, to sun-rise on Saturday mornino-, 
in each week : And if any person shall offend against 
this prohibition, he shall forfeit and pay the sum of ten. 
ceuts for each fish which he shall so take, to be recovered 
with costs of suit, by any one or more of the said commit- 
tee, who may first sue for the same, by action of debt in 
any Court proper to tiy the same, one half of which for- 
feiture, shall enure to the use of the said town, and the 
other half to' him or them who may sue therefor. 

Sect. 5. Be it further enacted. That if any person or Penalty fo*' «. 
persons shall erect any weare, or obstructions of any kind '^"^""^ ohsxm^:- 
acrossthe said streams, so as to obstruct the passage of st" m""*' '^* 
said fish, he or they, so ofifending, shall forfeit and pay a 
sum not exceeding t7£:e7ity dollars, nor less than teti dollars 
for each offence ; to be recovered by action of debt, in any 
Court proper to try the same, by any person who may sue 
tor the same, one half of which forfeiture shall enure to 
the use of the said town^ and the other half to him or them 
who may sue therefor. 

Sect. 6. Be it further enacted. That this act shall The ocr 
continue and be m force until the seventh day of March f'"'*'/ '• 
m the year of our Lord, one thousand eight hundred 
and eleven, and no longer, except as to any prosecution 
tor any penalties, or actions for recovering any expencen 

which 



cfihtin ' 



iOi CHIMES AND OFFENCES. March il, An. 1S06 

may then b§ depending, according to the provisions 
thereof. 

[This act passed March 10, 1806.] 

" — — - -■- ----- . - ■ . . ^ ■ II . I I I ■ ■■ - I - I , I _ 

An act to repeal divers laws respecting crimes and offences, 
o 1 'R'^ ^^ enacted hi) the Senate and House of 

A3 Representatives^ in General Court, as- 
whi* ale "re! .semblcd, Qud hij the authority of the same^ That an act 
])««ied. entitled " an act against dueUing/' passed the thirtieth 

day of June, in the year of our Lord, one thousand seven 
hundred and eighty-four ; also an act entitled " an act 
against murder and man-slaughter," passed the twenty* 
eighth day of February, in the year of our Lord one 
thousand seven hundred and eighty-five ; also an act en- 
titled " an act for the punishment of robbery," passed 
the ninth day of March, in the year of our Lord one 
thousand seven hundred and eighty-five ; also an act en- 
titled, " an act against arson, and other malicious burning,'* 
passed the eleventh day of March, in the year of our Lord 
one thousand seven hundred and eighty-five ; also an act 
entitled " an act for the punishing and preventing of lar- 
cences, passed the fifteenth day of March, in the year of 
our Lord one thousand seven hundred and eighty five, al- 
so an act entitled, " an act against sodom}^" passed the 
third day of March, in the year of our Lord one thousand 
seven hundred and eighty-five ; also an act entitled " an 
act to prevent forgery, and for the punishment of those 
who are guilty of the same," passed the sixteenth day of 
March, in the year of our Lord one thousand seven hun- i 
dred and eighty-five ; also an act entitled " an act against • 
counterfeiting or uttering counterfeit coin," passed the 
fourth day of July, in the year of our Lord one thousand | 
seven hundred and eighty-six ; also an act entitled " an ' 
net more effectually to prevent the forging of bank bills," 
passed the sixth day of March, in the year of our Lord 
one thousand eight hundred and one ; shall be, and the 
same are hereby repealed ; provided, that the same acts anxi 
every of them shall be and remain in force for the 
cognizance, trial and punishment of all such crimes and 
offences as are therein mentioned, which have been com- 
mitted before the passing of this act, and respecting all 
proceedings and matters thereupon arising, this repeal not- 
withstanding. 

Sect. 



POND STREET. ALrcJi tl, An. 1806. 105 

Sec'T. 2. Be it further enacted^ That when any per- 
^lon, indicted of any felony, shall be, by the verdict of the 
iury of trials Upon such indictment, glcquitted from part of a Court may 
such indictment ahd convicted of the residue thereof, any Sct'CavkUnr 
such verdict may be accepted and recorded in the court » person on 
where such trial shall be ; and thereupon such person, so dSmfar "^ 
indicted, may he adjudged to be guilty of the offence, if 
any, which shall appear to such court to be substantially 
1 Hedged in and by the residue of such indictment, if the 
same shall amount to a felony, and shall be sentenced and 
punished accordingly. 

[This act passed March 11, 1806.] 




An act to establish the Poiid Sti^eet Corporation. 

HERE AS the opening a road or street from Charles 
^ ^ River Bridge across the Mill Pond in Boston^ 
would be a great public accommodation : 

Sect. 1. BE it enacted bij the Senate and House 
''if Representatives^ in General Court assembled, and 
!)i/ the^ authority of' the same, That James Robinson, Per- 
kins Nichols, and their associates and successors, bcj and ^ ^ ^^ 
hereby are incorporated and made a^ body politic, by the riamlTand ge, 
w^mQoi t\\e Pond Street Corporation, and by that uame ''^"^'f^*^'^- 
may sue and be sued, and shall be, and hereby are vested 
vyith all powers and privileges incident to similar corpora- 
tions, for the purpose of making a street from the Boston 
side of Charles River bridge, across the Mill Pond, in the 
most convenient rout to connect with Middle-street. 

Sect. 2. Be it further enacted. That the selectmen 
of said town of Boston, shall be a committee to lay out SiTJn"'" lay 
said street, which shall be made at the least sixty feet wide, ""' the street j 
of solid earth or gravel ; the southwesterly side thereof, w uTharbe 
shall be faced with stone to the heighth of the water at "^^^'^'^n'^^'^h- 
low tide, and the northeasterly side with timber ; suitable '"'"''"' '''"'"• 
railing shall be erected on the sides thereof, to the aj)pro- 
bation of the selectmen of said town ; the whole of which 
shall be finished and completed in one year from and after 
the first day of July next, and shall at all times be kept 
open, free of toll or expence to air*persons, as a^common 
public street. 

Sect. 3. Be it further enacted. That said corporation jt^^i,^^ ^j. 
may, at any legal meetlncr, agree upon the number of sliares shares to be 
into which said street shall be divided, not exceeding fifty, nSsmenTU*' 
and shall have power to make assessments on said shares ^^ nude. 
O fiom 



lOb INTESTATE ESTATES. March \9, An. iS0(5. 

from time to time, as occasion may nxjiiire, and to collect 
the same in such way and manner as the corporation, may 
dclermine. 

Skct. 4. Be If further enacted^ That any tu oof said 

How a meeting corporation may call a meeting, by advertising the same in 

r>^Ihe choice of '^^^y one of the puhhc newspapers printed in Boston^ at 

officers, &c.dLc. least seven days before the time of such meeting; aud at 

that or any other meeting, may elect a Clerk, Treasurer, 

and sucii other olhcers as they may think proper, and the 

same at pleasure change or reimjve : All transactions of 

tile corporation shall be determined by a major vote of the 

members present^ at any legal meetings 

Sect. 5. Be it further enacted^ That nothing hereii> 
The interest of eontaiucd shall be construed to alter or attect the riaht. m- 

tlie tcwn, &c.in S ' 

the land thro' tcrcst or cstatc ot tiic towu 01 Bostoii^ OY any other person 
*hich the street persous interested in the land, through or over which 

may go, is not. . i t i • . ^ 

to be affected, said Street sliall be laid, excepting so much as the said 
street shall actually cover. 

Sect- 6. Be i£ further enacted. That the said corpora- 
tion shall be holden to pay all damages which shall arise tc 
*'rv*forandan? ''^"X P^^^'^'^^ ^^ corporatiou, by taking his or their land for 
ajjes occasioned Said Way, (whcre the same cannot be obtained by volunta- 
by taking laud, j,y ygreemeut,) to be estimated by a committee of the 
Court of General Sessions of the Teace for the county of 
Suffolk, saving to either party a right of trial by jury, ac- 
cording to the law w liich makes provision ioi the recovery 
.>j^l(, of damages, by laying out public highway's. 

[This act passed March II, 1806.]1 



An act regulating the descent and distribution of intestate 

estates. 
^ 13^ ^^ c'lactedbij the Senate and House of 

J^ Representatives, in General Court as- 
sembled, and lij the authority of the same. That when any 
To whom the persou sliall die, seized of any lands, tenements or heredi- 

-eal estates of ^ ^ • i . i , . ■ ^ i i . • . 

intestates are to tauieuts, or of aiiy right thereto, or entitled to any mter- 
desecnd. ^^gi- therein, in fee simple, or for the life of another, not 

having lawfully devised the same, the same shall descend 
in equal shares to his children, and to the lawful issue of 
any deceased child, by right of representatiou : And when 
the intestate shall leave no issue, the same shall descend 
to his father : And when there sliall be no issue nor father, 
the same shall descend in equal shares to the intestate's 
}aother,.if any, and to his brothci^ and sisters, and the 

children 



INTESTATE ESTATES. 



March 10, An. 180(5. 



107 



children of any doreasod brother or sister, Iw right of re- 
piffsi^iit-.itioii : And if the intcstcitc leave no issue, father, 
brother or sister, then the same shall descend to his mother, 
if anv : but if tliere bo no mother, then to his next of 



kin, in equal degree : The collateral kindred clainiing 
throijoh the nearest ancestor, to be preferred to the colla- 
teral kindred claiming throngh a common ancestor more 
nnnote ; and tlic degrees of kindred, in all cases, to be 
computed according to the rules of the civil law : And 
n-jien there shall be no kindred, the same shall escheat to 
(he Commonwealth, for want of heirs : Saving always to 
the intestate's husband his tenancy by the curtesy ; and 
to his widow, her dower at the common law, imless she 
be lawfully barred of the same. Provided however, that 
when any child shall die under age, not having been mar- 
ried, his share of tlie inheritance that came from his father 
or liujther, shall d(\scend in equal shares to his father's or 
mother's otlier children then living resjjectively, and to 
the issue of such other children as are tlien dead, if any, 
by right of representation. And provided further, that 
when the issue or next of kin to the intestate, who may 
be entitled to his estate by virtue of this aet, are all in the 
same degree of kindred to him, they shall share the same 
estate equally, otherwise they slrall take according to the 
right of representation. 

Sect. 2. Be it further enacted^ That when ai\y person 
shall die possessed of any personal estate, or of any ripiit 
or interest therein, not lawfully disposed of by last will, 
the same, after allowing to the widow, if any, her wearing 
apparel, according to the degree and estate of her husband, 
and such further necessaries as the Judge of Probate shall 
order, regard l)eing had to the state of the family under 
her care, shall first be applied to the payment of the intes- 
tate's debts, with the charges of. his funeral, and of settling 
his estate ; and the residue, if any, shall be thstributed 
among the same persons in the same proportion to whom 
the real estate shall by virtue of this act descend. Provid- 
ed however, that the husband of the intestate shall be en- 
titled, in all cases, to the whole of the said residue, and 
further, that if the intestate shall leave a widow and issue, 
the widow shall be entitled to one third part of the said 
residue ; or if there be no issue, to one half part thereof; 
or if there be no kindred to the said intestate, then slic 
shall be entitled to the whole of said residue. And nro- 
rided further, that when there shall be no husband widow 

nor 



Descent, ^rc.of 
personni e:tat«. 



105 INTESTATE ESTATES, March \% An. 1806, 

nor kindred to the intestate, the whole of tliesaid residue 

shall escheat and enure to the Commonwealth. 

PT.'l^ivincrof '^^^^^' •^- ^^^ It farther enacted. That all gitts or grants 

aVhetX'port'iou nvade by the intestate, to any child or grandchild, of 

dei-d^'^irr' ^'^.y estate real or personal, in advc^ncement of the portion 

tiementofa.u.1- of s'jch child or gTaudchild, and which shall be expressed 

jestate"ic.,.ate. jj^ g^^^ gift or grant, 01* othcrvvisc charged by the intestate 

in writing, or acknowledged in writing, by the child or 

grandchild, as made for such advancement, such estate, 

real apd personal, shall be taken and estimated iq the disr 

tribution and partition of the intestate's real and personal 

estate as part of the same ; and the estate, so advanced, 

shall be taken by such child or grandchild, towards his 

share of the intestate's estate. And the value at which 

such estate shall be so taken, shall be the same as above 

expressed or charged by the intestate, or acknowledged by 

the child or grand child, if any value be so expressed, 

charged or acknowledged, otherwise at the value thereof 

when given. 

Sect. 4. lie it further enacted^ That in the distributiou 
Alienage to be ^^ ^j^^ personal cstatc, pursuant to this act, alienaoe in the 

no impediment ^. . . ,. '.,^ . , . o 

to the receiptof pcrsou clauTimg a uistributivc share thereot, as issue, widow 
soiieitate^'^"^ or Otherwise, shall be no impediment to such persons re-f 
ceiving the same, any thing in this act to the contrary notwith- 
standing. But this provision is not to extend to the de- 
scent of any real estate to an ahen. 
Real estate of Sect. 5, Be it farther enacted^ That all the lands, teur 
intestate to be emcuts and hereditaments of which the intestate died 

liable to seizure . . , , ,, ' i • i i i i r i 

for his debts, scizcd ; and also all such estate which ae had iraudu- 
•wheii the per- jg^^^jy conveved, or of which he had been colourably or 

sonal estate is J -^,.'. , -i- ir ii- t 

Insufficient. iraudulcntly disseized, with intent to deiraud his creditors, 
shall be liable for the payment of his debts, and may be 
recovered and applied thereto, in the manner by law di- 
rected, whenever the personal estate shall be insufficient 
therefor ; saving to the widow, her dower therein, except 
in the estate so fraudulently conveyed, to which she had 
legally relinquished her right of dower. 
When this act Sect. 6. Be it further enacted. That this act shall b^ 
•peratiuu. in forcc froiTi and after the first day of July next ; and that 
from and after that day, all acts and parts of acts hereto- 
fore passed, so far as they come within the purview of this 
act, shall cease and have no further effect, excepting as to 
the estates of such persons who shall die before this act 
3h^U be in force. 

[This act passed MarcU 12, 1806.] 



inXGHAM FISllEUY. March 12, An. 1806. 105 

A)i act to regulate the taking and disposing of the fish call- 
ed Shad and Alevvives, within the limits of the town of 
Uii.'o-nain, and for the effect uul securing to the said town 
the advdnta;;,vs thereof. 

"OE it enacted bij the Senate and House of a. committer 

, bECT. 1. _0 Representatkas, in General Court as- ^''^^^^^^'''T 

' , . /• 7 'n. 1 1 ■ ^ ^° nave tlie 

semhied, and b>j the authority of the same, Ihat the taking care and man- 
and disposing of the said fish, called shad and alewives, in gi^^.y"^^ °^^^'' 
the town of liingham, shall be under the care and manage- 
ment of a committee of the said town, who shall dispose of 
paid fish, in such manner as they shall judge most bene- 
ijcial to tiie town, and shall render to the town treasurer, 
an account of the proceeds thereof, on or before the first 
day of November, annually ; and the said committee shall 
have a reasonable allowance for their services, and lay their 
account thereof before the selectmen of the said town for 
their allowance and approbation. And the said committee 
shall consist of five freeholders, chosen by ballot, in the 
month of INIarch or April annually, who shall be sworn or 
affirmed to the taithful discharge of their duty ; and if any 
person chosen to serve on the said committee, or if chosen 
shall neglect to take the oath or affirmation, for the space 
of seven days, after being legally notified of such choicCy 
he shall forfeit and pay to the use of the said town, the 
i>um oi ten dollars. 

Sect. 2. Be it farther enacted. That the said committee committee u, 
or a majorit}'' of them, shall have full power and authority '>pen a passage 
to open a sufficient passageway for said fish from the wa- poud° and'^'di- 
ters in Ware-river, so called, into Accord pond, so called, and f^ct the places 

I, n 1 • 11 ^ • where the fish 

to remove irom out ot the river, brooks, or streams, issu- niay be taken 
ing from Accord pond, any obstructions that may be made 
to the free passing of the said fish into the said pond, or 
repassing from the said pond to the sea ; and the said com- 
mittee, or either of them, going on to the land of any per- 
son or persons, for this purpose, shall not be deemed tres- 
passers ; and the said committee, or the major part of them, 
shall determine the particular places, where the said fish 
shall be taken, and give public notice thereof, by posting 
up one or more notifications, in some conspicuous place or 
places, in the said town, on or before the first day of May, 
annually ; and the said fish shall not be taken on any 
other days, than Monday, Wednesday, and Friday, between 
the rising and setting of the sun, on the said days, nor by 
any other iustrument than by a scoop or dip net. 

Sect. 



no FRONT-STREET. March V2, An. 1S06. 

r/'JiiI\akin^ Sect. 3. Be ii further e nf^c fed. That no person shall 
ihefish. "catch or take any of the said fish in any of the waters is- 
suing from Acconl pond, or in any other streams, within 
the said town, without the h^ave of the said committee, or 
the major part ol' them ; and whoever shall presume, at any 
time hereafter, to take, kill, or haul ashore, any of the said 
fish, with seines or drag nets, in said VYare-river, through 
which the said fish pass into the said poud, or shall, with 
any seine or drag net, or in any other way, obstruct the 
passage of the said lish to or from the same, or shall with 
a scoop or dip net on any other days than as aforesaid, take 
any of said fish, or shall obstruct the said committee, or 
either of them, in the execution of their duty, in all and 
every such case, the offender siiall, for each otfence, forfeit 
and pay a sum, not exceeding ten dollars, nor less than 
Jive dollars ; and in case the otfence be committed in tlie 
night, a sum not exceeding twenfif dollars, nor less thcui 
ten dollars. 
The Town Sect. 4. Be it farther enacted. That it shall be the 
Treasurer to duty of the Said Committee to si ve notice to the treasurer 

prosecute. , Y o , 

ot the said town of Hingham, of all offences committed 
against this act ; which may come to their knowledge ; and 
the said treasurer is» hereby vested with full power and 
authority to sue for and recover, from time to time, all 
fines and forfeitures incurred by any i>reach of this act, in 
any Court proper to try the same ; and such fines and for- 
feitures shall be to the use of the said town, saving where 
any person shall give information of any breach of this act, 
the informer, up<^n conviction of the olfender, shall be en- 
titled to one third part of the forfeiture ; and no person 
shall be considered as disqualified from being a witness, 
' on any trial that may be had, pursuant to this act, on ac- 
count of his being an inhabitant of the said town of H'mg' 
ham, or of his being one of the committee aforesaid. 
[This act passed March 12, 1S06.] 

An act in addition to an act entitled " An act to incorpo- 
rate certain persons for the purpose of making a street 
from Rainsjbrd's Lane, in the town of Boston, to the 
bridge proposed to be built, from, at, or near the town's 
landing to Dorchester Neck. 

^ ~P E it enacted hij the Senate and House of 

-" Representatives, in General Court as- 
sembled, and hf the aulhoritif of the same. That the 
Front-street corporation be authorized to erect a fence or 

fences, 



ORONO. Marc/i \^, An. 1S06. lU 

ft'nces, along the sides of said street, at such places, as to ^^"^po^^''^" ^'^^ 

dill (> 1 • n . inorized to 

lem sliali appear necessary, for the security of persons and creci a f«nce, & 

carriaj^es })assjng over the same ; and that thev have uu-^°'"y ^'^^/Sf'*- 

ii -^ 4. ■ I 7 * . , mcnt to defray 

tliority to raise, t>y an assessjiK^iit, or tax, to be made and the expense. 
levied in the manner appointed in the third section of said 
act, sucii sums of money, as shall be sufficient for making 
ilie fence aforesaid.' 

Sect. 9, Be it further enacted. That wlieft all, or any 
. part of the flats adjoining, shall be filled up, orcoverd to a^^^^^J^™.^^ ^ 
ievel with the surface of said street, and to the extent of lain°clk'"'^'''' 
thirty feet on either side thereof' it shall be lawful for the 
})r(»prietor or proprietors of the contiguous estate to" remove 
the fence upon such side or part, but not otherwise. 
[This act passed March 1^, 1806.] 



An act to incorporate the plantation heretofore called Still- 
zi^aier, m the county of Hancock^ into a town by the 
name of Orono. 

Sect. l. ]R^ f enacted bi/ the Senate and Mouse of 
' ' J3 ^Representatives, in General Court assem- 
bled, and bi/ the aidhoritij of the same. That the plan- 
tation heretofore called StUlwater, in the county of Han- 
cock, as described within the following bounds, with the 
inhabitants thereon, be, and hereby is incorporated into a 
town by the name of Orono, viz. beginning at the north- Boundar?^ 
east corner of Bangor, on Penobscot river ; thence bv the *^«^'^"'^'^<'' 
north-ea^t ime oi Bangor, to tiie north corner of said'i^ft;^. 
gor ; thence west on the north line of Bangoi^, until it 
meets the south-east corner of township number one, in 
the second range ; thence north, on the east line of town- 
ship number one, on Pooshau pond, to the north-east corner 
Ot said number one ; thence north, to the north-w^est cor- 
ner ot the second quarter of township number four • thence 
east to 1 enobscot rner, at the north-east corner' of the 
second quarter of township number four ; thence by a hne 
drawn on the middle of the eastern channel of Penobscot 
river so as to include the Avhole of the island called 
iMarsli s Island, to the bound first mentioned. And the 
suid town IS hereby vested with all the powers and privi- 
leges and shall be subject to all the duties and requisitions 
Ot other towns, according to the constitution and laws of 
tnis Commonwealth. 

^f!^^ n ^* ?^ ,'^ further enacted. That any Justice 
01 the leace for the county oi Hancock, is hereby authori- 

iied 



112 BAPTIST SOC. IN SALEM. March \% An. 1806, 

ih7cl" m'T o" ^^^ ^^ ^^^"^ ^^^ warrant, directed to some inhabitant of the 
Hancock may Said town of Ot'ono^ requiring him to notify and warn the; 
for"the''fi>'r* inhabitants thereof, to meet at such convenient time and 
maeting. place, as shall be appointed in the said Warrant, to choos6 

such officera as towns are by law required to choose, ai 

their annual town meetings. 

[This act passed I^Iaich 12, 1805.] 

An act to incorporate a number of the inhabitants of the 
town of Sakm, in the county of Essex, into a socie- 
ty by the name of T/ie Baptist Society in Salem. 

Sfct 1 Tl^ ^^ enacted by^ ths Senate and House of 
3-9 Eepresentatives^ in General Court as- 
sembled^ and by the author itij of the mmh\ That Edward 
Russell, John Page, Daniel Pierce, Stephen Webb, Benja- 

Names of per- min Webb, William Liiscomb, Michael Webb, Daniel H. 

oonb mcorpora- ]\|ai^sfield, Ebeuczer Secomb^ John Grant, Robert Foster^ 
Benjamin Blanchard, Daniel Carlton, James Very, Joseph 
Gardner, Joseph Daland, Frederick Putnam, Tthuril Hin~ 
man, John Skei-y, John Chandler, John Rust, Ephraini 
Skery, Levi Mecumber, Jabez Baldwin, Joseph Vincent, 
William Morrow, Stilmon Lothrop, David Murphy, Thom- 
as Teague, Benjamin Deiand, Addison Richardson, Pyam 
Dodge, Benjamin Tay, George West, Samuel Peters, Bar- 
tholomew Brown, IS athaniel Garland, John Dunklee, Jo- 
siah Austin, John Wilson, James Ingalls, Issac A'^ery, Wil- 
liam Price, W^illiam Stickney, Benjamin Sweett, John 
Warden, jun. Joseph Edwards, John Hathorne, jun. Wil- 
liam Hathorne,jun. James Odell, Daniel Bancroft, Samuel 
Randall, Robert Ciuston, Allen Goodrige, William Lefa- 
vour, Peter Erye, John Fillebrown, Solomon Chaplain, 
Richard Tufts, Thomas Whitheridge, Joseph Ropes, Ben- 
jamin Crowningshield, John Brown, with such other per- 
sons as shall associate and become interested with them iii 
manner hereinafter mentioned, be, and they hereby are 
incorporated and made a body politic, by the name of The 
Baptist Society in Salem; 

Sect. 9. Be it further enacted. That the said corpo* 

Cor-poraticn ai. ration may purchase and hold the lot of land in Salem 

lowed to bold aforesaid, whereon they have lately built a meeting-house, 
and such other estate^ real and personal, as the corporation 
shall determine to own, provided that the annual income 
of the whole estate of the corporation, besides the meeting- 
house and land under it, shall not ejtcccd three thousand 

dollars- 



BAPTIST SOC. IN SALEM. March 12, An. 1806. il3 

dollars. And the said Corporation may sue and be sued, 
by its corporate name, may make and use a common seal, 
.and break or alter it at pleasure, may make any bye-laws 
for the government thereof, and for tlie management of the 
corporate property, that a major part of the members pre- 
sent, (calculating according to their respective interests,) 
»hall think for the best, provided the same are not contra- 
ry to the constitution and laws of this Commonwealth ; and 
is invested with all the powers, privileges and immunities, 
to which other religious societies in this Commonwealth 
are entitled by-law. 

Sect. 3. Be it further enacted.^ That the property of 
the several members of the said corporation for the time How a men.- 
being;, shall be calculated according to their respective rights be^s property n 
and interests in the pews and seats of the meeting-house 
lately built as aforesaid, at the valuation thereof, which 
hath been made ; and all persons, who shall become propri- 
tors or interested in said pews and seats, shall be deemed 
to have associated with, and shall become members rof this 
corporation, according to their respective interests in such 
pews or seats. 

Sect. 4. Be it further enacted^ That the said Cor- Monies to bs 
poration are hereby authorized to raise, by an assessment shares o/dtnn! 
on the pews and seats in the said meeting-house, such sum q^ents directed 
and sums of money, for the settlement and maintenance of ^'^ ^*° / 
a minister or ministers, for the purchase of said lot of land, for 
building up and repairing the meeting-house, and for defray- 
ing the other expences of public worship, with incidental 
charges, as the members of the same shall agree on, at 
any legal meeting to be called for that purpose, according 
to the said valuation ; and the sums so assessed shall be 
paid by the respective proprietors of such pews and seats ; 
and if any proprietor of such pew or seat, shall neglect to 
pay any assessment which shall be legally made thereon as 
aforesaid, for one year after the same shall have been made, 
the treasurer of said corporation for the time being, shall 
be authorized and empowered to sell and convey ail the 
estate, share and interest of such delinquent proprietor in 
the said corporation, at pubhc auction, first giving notice 
thereof fourteen days at least previous to the sale, at two 
of the doors of said meeting-house ; and upon such sale to 
execute a good and sufficient deed or deeds thereof to the 
purchaser, and after deducting the amount of such delin- 
quent's assessment, together with legal interest thereon, 
tromthe time the sam<s v/as made, and all incidental costs 
P and 



114 



WARREN SCHOOLS. 



March 12, An. 1806. 



•lioscn. 



and charges, the said treasurer shall pay the surplus, if any 
there be, to such delinquent proprietor. 
First meeting Sect. 5. Be it further enacted, That Ezekiel Savage, 
•nJ wharoffi- Esq. be, and hereby is authorized and directed to issue 
cers may be his Warrant to some principal member of said corporation, 
requiring them to meet, at such time and place as shall be 
therein set forth, to choose a moderator and a clerk, (who 
shall be duly sworn,) a treasurer and a committee, and such 
other officers as they shall judge necessary ; and the mod- 
erator of that and all future meetings shall have power to 
administer the oath of office to the clerk ; and the commit- 
tee appointed at that or any other meeting of said proprie- 
tors, legally called for that purpose, shall have power and 
authority to assess and apportion on the pews and seats in 
«aid meeting-house, all such^ sum and sums of money as 
the members of said Corporation shall lawfully agree to 
raise, and shall also be authorized to execute and deliver, 
in the name and behalf of said corporation, deeds of th« 
pews and seats in said meeting-house. 

[This act passed March 12, 1806.] 



An act in addition to an act entitled " An act to author- 
ize the raising a fund for the support of public schools 
in the town of Warren, in the county of Lincoln" 

E it enacted bij the Senate and House oj' 
Representatives, in General Court as- 
$emhled, and by the authoritij of the same. That the trus- 
tees named in an act entitled " An act to authorize the 



Sect. 1. 



B 



Trustees tn- 
thorized to sell 
« ««rt»iQ lot. 



raising of a fund for the support of public schools in the 
town of Warren, in the county of Lincoln," and their suc- 
cessors in office, be, and they are hereby authorized and 
empowered to sell and convey a certain lot of land, lying 
in said Warren, the property of the inhabitants of said 
town, adjoining to the lot mentioned in said act ; to loan, 
manage and dispose of the money arising from the sale 
thereof, and to do and perform whatever may be necessa- 
ry in the exercise of the powers with which the said trus- 
tees and their successors are invested by said act, in the 
same manner as if both the said lots had been mentioned 
in the act aforesaid. 

Sect. 2. Be it further enacted. That the money aris- 
^^ifae'procetds. iug fiom the Sale of the said land shall be appropriated by 
the said Trustees to the use of schools in the town of 
Warren^ and that the Trustees aforesaid and their succes- 
sors 



Appropriation 



ALFORD TURNPIKE. March 15, An. 1806. \U 

sors shall render an account of their doings, and be re- 
sponsible to the said town of Warren^ in the same manner 
as for the management of the fund mentioned in the act 
aforesaid. 

[This act passed March 12, 1806.] 



An act to establish a corporation by the name of The AI^ 
ford and Egremont Turnpike Corporation. 

q i^E if enacted by the Senate and House of 

-*-* Representatives^ in General Court as- 
sembled, and by the authority of the same. That James 
Baldwin, Isaac Beach, .Tared Canfield, John C. Cline, 
George Darby, Isaac Hatch, Francis Heare, John Hollen- 
bach, Michael Hollenbach, Octavius Jo3^ner, Elisha Lee, Names^ of tk» 
Joshua Millard, Joshua Millard, junior, John Osbourn, pomed / Ind 
Andrew Race, Nicholas Race, Josiah Webb, and Cornelius J°"J['<^ •^ *^* 
Williams, together with such others as already have, or 
may hereafter associate with them, their successors, and 
assigns, be, and they are hereby made a corporation, by 
the name of The Alford and Egremont Tuj^np'ike Corpora- 
tion, for the purpose of laying out, making and keeping in 
good repair, a turnpike road thro' the towns oi Egremo?it 
and A/ford ; beginning at the line dividing this Common- 
wealth from the state of Nezo-York, at the termination 
there of the Hillsdale and Chatham turnpike, in the state 
of Neze^-York, near the dwelling-house of Nehemiah 
Clason ; thence southerly, near the dwelling-houses of 
Josiah Curtis, George Darby, and Ebenezer Hatch, to the 
dwelling-house of Joshua ISIillard ; thence near the dwell- 
ing-houses of Nicholas Race and John Hollenbach ; thence 
near the dwelling-house of Amasa Austin ; and from thence 
by the dwelling-house of Joseph Curtis, to the Twelfth 
Massachusetts Turnpike, near the dwelling-house of Fran- 
cis Heare ; and for the purpose aforesaid, shall have all 
the powers and privileges ; and shall also be subject to all 
the duties, requirements and penalties, prescribed and con- 
tained in an act entitled " An act defining the general 
powers and duties of turnpike corporations," passed the 
sixteenth day of March, in the year of our Lord, one 
thousand eight hundred and five. 

Sect. 2. Be it further enacted. That one fifth part of 
the toll, which shall be received at the turhpike gate, which to'be°pawVv« 
may be erected on the said turnpike road, in the town of 'o ti'« i-^'i* 
^//orJ, shall «nure to the benefit of the Twelfth Massa- '^""'i^'^*'' 

cliusetts 



116 RAPE. " March 15, An, 1806. 

chiisetts Turnpike Corporation, and the same shall be paid 
over to the treasurer thereof, at the expiration of every 
three months, by the treasurer of the Alford and Egreraont 
I'urnpike Corporation. And it shall be the duty of both 
said corporations, in their annual exhibits, to be made, ac- 
cording to the ninth section of the act, defining the gene- 
ral powers and duties of turnpike corporations, to note and 
distinguish particularly, the amount of the same. And the 
said fifth part of the toll, so to be received as aforesaid, by 
the Twelfth Massachusetts Turnpike Corporation, shall be 
deemed and taken as part of their income, to all intents 
and purposes. 

[This act passed March 13, 1806 J 

An act providing for the punishment of the crime cC Rape, 

and for the prevention thereof. 

c , 13 ^ 2^ enacied by the Senate and House of 

j|]^ Hepreseufatives^ in General Court as- 

semhled^ and hy the autlioritij of the same ^ That if any man 

shall ravish, and carnally know any woman, by force, and 

Kvery person agaiust her will, or shall unlawfully and carnally know and 

committing af i-ii. i" r. '' 

rripe, and every aouse any wouiau chiid, unoer the age or ten years, every 
person present, qi^^ch ofFcnder, and any person present, aiding* and consent- 

aiding aiici con- .. ' -J ^ J, i<iri 

seating to such uig m SUCH rape, or accessai y tijereto before the fact, by 
pmishtd with counselling, procuring or commanding such rape to be 
death. com_mitted, who shall be duly convicted in the Suprem« 

Judicial Court, of either of the felonies and ofiences afore- 
said, shall suffer the punishment of death. 

Sect. 2. ISe it further enacted^ That if any person, 
Punishment cfgfj-gj. any ranc. Committed as aforesaid, shall knowi no) y har- 

accessary's after i • • • • • i /v' i 

thefact. hour, conceal, maintain or assist any principal oliender 

therein, or any accessary thereto before the fact, and shall 

be thereof duly convicted in the Supreme Judicial Court, 

every such accessary after the fact, shall be punished by 

solitary confinement, for such term, not exceeding three 

months, and by confinement to hard labour, for such terra 

thereafter commencing, not exceeding ten years, as the 

Justices of the said Court, before whom the conviction may 

be, shall sentence and order, according to the aggravation 

of the offence. 

Punishment for Sect. 3. Be it further enacted^ That if any man, with 

«ommixa''rlpe°i^^^-"^ to commit a rape as aforesaid, shall make an assault 

«r for aiding ^f upon a woiiiau, or female child, every such offender, and 

*ycrattTirpr any person who shall consent, aid or assist iherein, and 

chall 



STAGE PLAYS. March 15, An. 1806. U7 

shall be thereof duly convicted in the Supreme Judicial 
Court, shall be adjudged guilty of a felonious assault, and 
sliiill be punished by solitary imprisonment for such term, 
not exceeding three months, and b}?- confinement afterwards 
to hard labour, for such term, not exceeding ten years, or 
by a fine, not exceeding^^t-^ hundred dollars^ and by im- 
prisonment in the common gaol for such term, not exceed- 
ing one year, as the Justices of the said Court, before 
whom the conviction may be, shall sentence and order, ac- 
cording to the nature and aggravation of the offence. 

Sect. 4. He it further enacted^ That from and after former laws 
the passing of this act, all acts and parts of acts heretofore repealed. 
passed, so far as they come within the purview of this act, 
•hail be, and they hereby are repealed ;' provided, that the 
same acts and parts of acts shall be, and remain in force for 
the co^izance, trial, and punishment of all such crimes 
and offences as therein are mentioned, which have been 
committed before the passing of this act, and all proceed- 
ings thereon arising, this repeal notwithstanding. 
[This act passed March 13, 1806.] 



An act for preventing public Stage Plays, Interludes, and 
other Theatrical Entertainments, in certain cases. 

Sect 1. '^^^ ^^ ^''^(^(^i'^d hy the Senate and House of 

-■^ Representatives, in General Court as- Penalty f«r 
semhled, and lij the authority of the same. That if any bSSinl for 
person or persons shall hereafter erect or build any house Theatncai Ex- 
or other building, for the purpose of having the same used out a Tlcenc?" 
or improved for acting or carrying on any Stage Flay, In- 
terlude, or other Theatrical Entertainment, in any county 
within this Commonwealth, without the licence of the 
Court of General Sessions of the Peace, for such countv, 
first obtained, upon the approbation of the Selectmen of 
the town in which the same be intended, he shall forfeit 
and pay a sum not exceeding iim thousand dollars, for 
each and every ofience, to be recovered by indictment, 
before the Supreme Judicial Court, holden within and for 
the county in which such offence shall be committed, to 
the use of the Commonwealth. 

Sect. 2. Be it further enacted. That if any person 
or persons, shall hereafter, in any county within this Com- ^nfa buiidinc 
monwcalth, for profit, gain or other valuable consideration, for Thcatrkd 
let to hire any house or other building, or sufler f^iufouTa't- 
any house or other building, in his or their pos- ceucc. 
?^ssioi^, to be used or improved for acting, or carrying on 

foy 



118 SHERIFFS' BONDS. March' I % An. 1806. 

for profit, gain or valuable consideration, any Stage Play, 
Interlude, or other Theatrical Entertainment, without the 
licence of the Court of General Sessions of the Peace for 
such county, first obtained, upon the approbation of the 
Selectmen of the town in which the same be intended, he 
or they shall forfeit a sum not exceeding ^ve hu7idred dol- 
lars^ for each and every time such house or building shall 
be so let to hire, or suffered so to be used or improved, to 
be recovered by indictment before the Supreme Judicial 
Court for the county in which such offence shall be com- 
mitted, to the use of the Commonwealth. 

Sect. 3. Be it further enacted^ That if any person 
Sg^o? act- ^^ persons shall hereafter, in any county within this Com- 
ing ill any mouwealtli, act or carry on, or assist in acting or carrying 
wSut a^'ii- ^^» ^*^^ profit, gain or valuable consideration, any Stage 
eence. Play, Interlude or other Theatrical Entertainment, in any 

house or building, or other place, without the licence of 
the Court of General Sessions of the Peace, for such coun- 
ty, first obtained, upon the approbation of the Selectmen 
of the town in which the same be intended, he or they 
shall forfeit and pay a sum not exceeding four hundred 
dollars, to be recovered by indictment before the Supreme 
Judicial Court, holden for the countj'^ in which such of- 
fence shall be committed, to the use of this Common- 
wealth. 

Sect. 4. Be it further enacted. That such licences 
Licencei to sliall contiuuc and be in force, for the term of one year 
continue m fj-Qj-Q ^^g t\xi\e of Qrantinof the same, and no longer, and 

force for one o, n ' n ^ o 

year,and no upou tlic approbation ot the Selectmen of the town tor 

longer. |.|^g tiYHQ being, may be annually renewed by the Court of 

General Sessions of the Peace for such county. 

Sect. 5. Be it further enacted. That this act sliall 
When the act j^g j^^ |-^ i^om and after the first day of June next and 

13 to commence ^ «' 

•p«ration. not before. 

. [This act passed March 13, 1S06.] 



An act for regulating the proceedings in suits upon Sheriffs' 
Bonds, for the use of any person or persons who are or 
may be entitled to the benefit of the same. 

<s XJ ^ ^^ enacted hy the Senate and House of 

JLJ Representatives, in General Court as- 
sembled, and bif the authority of the same. That when the 
condition of any bond, which now is, or may hereafter be 
eiven to the treasurer of the Commonwealth, by any sheriff, 

for 



GOODS cj CHATTELS. 



March IS, An. 1806. 



119 



for the faithful performance of the duties of his office, and "^^^ ^ «"« » 
to answer for the malieazance and misteazance ot all his ced and prose- 
deputies, shall be broken, to the injury of any person, such ^J'^'^^j^ ^oj; *•»« 
person may cause a suit to be instituted upon such bond, sheriff's bond, 
at his own cost, but in the name of the treasurer, and the ^"^ * proTis9, 
like endorsements shall be made on the writ, and the 
like proceedings be had thereon to final judgment and 
execution, as may be made and had by a creditor on ad- 
ministration bonds given to any Judge of Probate ; FrO" 
vided /lozcever, that no such suit shall be instituted by any 
person for his own use, until such person shall have recov- 
ered judgment against the sheriff, his executors or adminis- 
trators, in an action brought for the malfeazance or mis- 
feazance of the sheriff or his deputy, or for non-payment 
of any monies collected by the sheriff or his deputy, in. 
that capacity, or a decree of a Judge of Probate, allowing a 
claim for any of the causes aforesaid, and such judgment or 
decree, or so much thereof as shall be unsatisfied, with the 
interest due thereon, shall be the portion of the penalty 
for which execution shall be awarded. 

Sect. 2. Be it fort her enacted^ That actions for the 
malfeazance or misfeazance of any sheriff, or of any of his Actions may 
deputies, may be sued against the executors or administra- agaSSrS 
tors of such sheriff, in the same manner as if the cause of^<=."'°'^s of Ad- 
such action survived against the executor or administrator rshS*"^ "' 
at the common law, Provided however, that this act shall 
not be construed to make any surety in any bond, given by 
the sheriff as aforesaid, before the passing of this act,HabIe 
to any suit which could not heretofore be legally prosecut- 
ed against him. 

Sect. 3. Be it further enacted. That it shall be the The Trensurer 
duty of the treasurer aforesaid, to deliver an attested copy ^^ s'-e « copy 
of any sherifl's bond to any person applying and paying for **^**'*"'^ 
the same ; and such attested copy shall be received as evi- 
dence in any case ; provided 7ievertheless, that, if in any 
suit, the execution of the bond shall be disputed, the 
Court may order the treasurer to bring the original bond 
with him into Court. 

[This act passed March 13, 1806.] 



An act to exempt certain Goods and Chattels of Debtors 
from attachment and execution. 

Sect. 1. "R^ ^^ enacted by the Senate and House 

of Representatives, in General Court 

assembled, and by the authoritij of the same. That from 

and after the first day of May next, the weaiing apparel, 

beds. 



120 GOODS ^ CHATTELS. March 15, An. 1806. 

inumeration beds, bedstcads, bedding, and household -utensils, of anj 
Txemp'tedfrom dcbtoF, nccessaiy for himself, his wife, and children, the 
attachment, ^qqIs of any dcbtoF, necessary for his trade or occupation, 
a proviso. ^^^ biblcs and school books which may be in actual use in 
his or her family, together with one cow and one swine, 
shall be altogether exempted from attachment and execu- 
tion ; and no civil oificer shall attach, levy* upon, or take 
the same, or any part thereof, either upon mesne process 
or execution. — Provided nevertheless, that the beds and 
bedding exempted as aforesaid, shall not exceed one bed, 
bedstead, and necessar^^ bedding to two persons, and 
household furniture the value of ^fty dollars, upon any 
just appraisement. 

Sect. 2. Be it further enacted. That no debtor or 
Debtors still to dcbtOFS, owning any of the goods and chattels aforesaid, 
enjoy the ben- shall be thereby precluded from the benefit of an act, pass- 
act, *^takin"^a^n ed the nineteenth day of November, in the year of our 
•ath in a new Lord, ouc thousaud scvcn hundred and eighty-seven, en- 
"™" titled, " An act for the relief of poor prisoners who are 

committed by execution for debt," and instead of the oath 
or affirmation, thereby prescribed to be taken, whenever 
the Justices, thereby authorized to administer an oath or 
affirmation, shall think proper to administer such oath or 
affirmation, there shall he taken an oath or affirmation in 
form following, to wit : — I do solemnly swear, before 

Almighty God, (or affirm, as the case may be,) that I have 
not any estate, real or personal, in possession, reversion, 
or remainder, sufficient to support myself in prison, or to 
pay prison charges ; except the goods and chattels exempt- 
ed from attachment and execution, by an act entitled 
*' An act to exempt certain goods and chattels of debtors 
from attachment and execution ;" and that I have not, 
since the commencement of this suit against me, or at any 
other time, directly, or indirectly, sold, leased, or otherwise 
conveyed, or disposed of to, or entrusted any person or 
persons whomsoever, with all or any part of the estate, 
real or personal, whereof 1 have been the lawful owner or 
possessor, wuth any intent or design to secure the same, or 
to receive, or to expect any profit or advantage therefor ; 
or have caused or sutFered to be done, any thing else, 
whatsoever, whereby any of my creditors may be defraud- 
ed, so help me God, or (this I do under the pains and pen- 
alties of perjury,) as the case may be. 

[This act passed Mafch 13, 1S06.] 

A» 



BURGLARY. March 13, An. 1806. .1^1 

An act providing' for the punishment of the crimes of bur- 
glary, and other breaking and entering of buildings. 
j^ ^ 11 E it enacted bi^ the Senate and House of 

bECi. . J-^ Representatives, in General Court as- 
sembled, and by the authorittj of the same. That if any per- 
son, with intent to kill, rob, steal, comn\it a rape, or to do Punishment 
or perpetrate any other felony, shall, in the night time, |^'J[^^.[^'^^^^''°™' 
break and enter, or having, with such felonious intent, en- giary, or being 
tered, shall, in the night time, break a dwelling house, any t^^^^^^br^^the 
person then being lawfully therein, and such offender be- fact, when the 
ing, at the time of such breaking or entering, armed with ^^;||^{^ '^ J™" 
a dangerous weapon, or arming himself or herself, in suchgerouswe-pou 
house, with a dangerous weapon, or committing an actual 
assault upon any person lav/fuliy being in such house ; every 
such offender, and any person present, aiding, assisting, or 
consenting in such burglary, or accessary thereto before 
the fact, by counselling, hiring, or procuring such burglary 
to *be committed, who shall be duly convicted thereof in 
the Supreme Judicial Court, shall suffer the punishment 
of death. 

, Sect. 2. Be it further enacted. That if any person, with Puj-ishmem 
intent to kill, rob, steal, commit a rape, or to do or perpe- "hen the per- 
trate any other felony, shall, in the night time, break and mhs'ItTurgtaTy 
«nter, or havinsr, with su.ch felonious intent, entered, shaiL'^,'^"' ,^''"^e^ 

, . , ."-' 1 , , IT , . 1 , . ' With a daijger- 

m the night time, break a dwelling house v/ithout being ous weapon. 
armed with a dangerous weapon, or without arming him- 
self or herself, in such house, with a dangerous weapon, 
and without committing an assault upon any person law- 
fully being in such house ; every such offender, and every 
person present, aiding and abetting in such burglary, or ac- 
cessary thereto before the flict, by counselling, hiring, or 
procuring such burglary to be committed, who shall be du- 
. ly convicted thereof in the Supreme Judicial Court, shall 
be punished by solitary imprisonment, for such term, not 
exceeding two years, as the Justices of the said Court, be- 
fore whom the conviction may be, shall sentence and or- 
der, and by confinement afterwards, to hard labour for life. 

Sect. 3. Be it further enacted. That if any person, af- Punishment of 
ter any burglary committed as aforesaid, shall knowing!}' JeJthe fact/ 
harbour, conceal, maintain, or assist any principal offender, 
or accessary thereto before the fact ; every such accessary 
after the fact, who shall be thereof duly convicted in the 
Supreme Judicial Court, shall be punished by solitary iir.- 
prisonment, for such term, not exceeding three months, 
and by confinement afterwards to hard labour, for suci* 
Q terhi, 



12? 



CINCINNATI. 



March 15, An. 1S06'. 



term, not exceeding ten years, as the Justices of the said 
Court, before whom the conviction may be, shall sentence 
and order, according to the aggravation of the oftence. 
Punishment for Sect. 4. Be it further eiiactecL That if any person, 

breaking into a . , . i -ii i i • i 

house in the vvith mtcnt to Kill, roD, Steal, commit a rape, or to do or 
^^y^J'"^'°'i^'^- perpetrate any other felony, shall, in the night time, enter, 
nigiirwiihout without breaking, or in the day time break and enter, any 
breiking; <'"J dweliinsT housc, or any out house thereto adioinins' andoc- 

for entering an V • i i • i rr- i 

store, ship, &c. cupied therewith, or any office, shop, or warehouse, or any 
ship or vessel lying within the body of a county ; every 
such offender, and every person present, aiding or abetting 
in the commission of such offence, or who shall have coun- 
selled, hired, or procured the same to be committed, being 
thereof duly convicted in the Supreme Judicial Court, 
shall be punished by solitary imprisonment, for such term, 
not exceeding six months, and by confinement afterwards 
to hard labour, for such term, not exceeding three yeai's ; 
or by a fine, not exceeding /rt.-<? hundred dollars^ and impris- 
onment in the common gaol, not exceeding three years, as 
the Justices of the said Court, before whom the conviction 
may be, shall sentence and order, according to the aggra- 
vation of the offence. 

Sect. 5. Be it further enacted^ That from and after 
the passing of this act, all acts and parts of acts heretofore 
passed, so far as they come within the purview of this act, 
be, and they hereby are repealed : Provided^ that the same 
acts and parts of acts, and every of them, shall be and remain 
in force, for the cognizance, trial, and punishment of all such 
crimes and offences as are therein mentioned, which have 
been committed before the passing of this act, and all pro- 
ceedings thereon arising, this repeal notwithstanding. 
[This act passed March 13, I8O6.J 



Former laws 
repealed. 



An act to incorporate Benjamin Lincoln and others, into a 
society by the name of the Society of the Cincinnati, 
within the State of Massachusetts. 
Preamble. "TTI" THEPtEAS upou the dissolution of the American 
\^ revolutionary arm}', in the year of our Lord one 
thousand seven hundred and eight3''-three, Benjamin Lin- 
coln and others, officers in the Massachusetts line of said 
army, did associate for the purpose of forming a fund, to 
be forever thereafter appropriated for the relief of the indi- 
gent members of said association, and the widows and or- 
phans of said members ; and in order to secure the said 

fund. 



CINCINNATI. March 13, An. 1806. 123 

fund, and fulfil the charitable designs of said institution, 
have petitioned to bo incorporated : 

Sect. I. BE if enucted hif the Senate and House of 
Representatives^ in General Court assembled^ and bij the 
authoritij of the sume^ That the said Benjamin Lincoln and 
his associates, together with such others as may be admit- 
ted members of said association, be, and they hereby are 
incorporated into a society, by the name of the Massachu- Corporate 

,< • n 1 ^- • /• -^1 ^1 name, and fjen- 

setfs Societif of the dncinnat/., with power to have a common erai powers. 
seal ; to make contracts relative to the objects of the said 
charitable fund ; to sue and be sued ; to estabhsh bye- 
laws and orders for the regulation of said society, and the 
preservation and application of the funds thereof, provid- 
ed the same be not repugnant to the constitution and laws 
of this Commonwealth ; and to take, hold, and possess any 
estate real or personal, by subscn})tion, gift, grant, pur- 
chase, devise, or otherwise ; and the same to improve, 
lease, exchange, or sell and convey for the sole benefit of * 

said institution : Provided, the value of tjic real estate of 
said society shall never exceed twenty thousand dollars, and 
the annual income of the whole estate of said society shall 
not cxcced^V^ thousand dollars. 

Sect. 2. Be it further enacted. That the said society Annual meef- 
shall meet, in Boston, on the fourth day of July, annually, }"?d, '""d spe! 
(unless the same should fall upon a Sunday, in which case ciai ""^^'^JJ* 
the annual meeting shall always be holden on the day sue- ™^^ 
ceeding,) for the purpose of electing, by ballot, from their 
members, a President, Vice President, Treasurer, Secreta- 
ry, and such other officers as may be necessary to manage 
their concerns ; all which officers shall hold their said offi- 
ces for one year, and until others shall be elected to suc- 
ceed them : and the ofticers, for the time being, shall pub- 
lish a notification of the time and place of each annual 
meeting, in at least two newspapers, at least fourteen days 
before holding the same. Upon any urgent occasion, the 
President or Vice President, or in their absence, the Sec- 
retaiy may appoint a special meeting of said society, to be 
notified in the same manner as annual meetings. 

Sect. 3. Be it farther enacted. That the President, E'jj^f^s ^o-");- 
Vice President, and other officers of said society, chosen ^^'^ ^'"i'"^ ^' 
on the fourth day of July last, shall have the same author- 
ity to manage the concerns thereof, as is hereby vested in 
like ofticers, to be hereafter annually chosen. Provided 
nevertheless, that this act of incorporation shall be deter- 
minable at the j)leasure of the J^egisiature. 

[This act passed JNIarch^lJ, 1806.] An 



124 ESSEX TURNPIKE. March 13, An. 1S06. 

An act in addition to an act, entitled, " An aet to estab- 
lish a corporation, by the name of the Essex Turnpike 
Corporation^ 

Preamble. "TXTHEREAS in the third section of an act, entitled, 
W " An act to establish a corporation by the name of 
the Essex Turnpike Corporation^'' passed on the twenty- 
second day of June, in the year of our Lord, one thousand 
eight hundred and three, it was enacted that the made way 
and travelling path Of said turnpike, shall be thirty-two 
feet wide, in every part thereof, which is wider than the 
public accommodation, and the act defining the general 
powers and duties of turnpike corporations require : 
Therefore, 

Sect. 1. ^E it enacted hu the Senate and House of 
Representatioes, in General Court assembled^ and bij the 

Part of former mithoritij of the same^ That so much of the third section 

law repealed. ^^ ^^ ^^^^ entitled, " Au act to establish a corporation by 
the name of the Essex Turnpike Corporation" as relates 
to the width of the made way or travelling path of said 
Essex turnpike, be, and hereby is repealed. 

Width of the Sect. 2. Be it further enacted^ That the said corpo- 
ration, shall make the travelled part of said turnpike, not 
less than twenty-four feet wide, in any part thereof, agree- 
ably to, the second section of an act defining the general 
powers and duties of turnpike corporations. 

[This act passed March 13, ISOo.] 



An act to establish a corporation, by the name of the Lan- 
caster and Bolton Tunipike Corporation, 
^ T3E it enacted bij the Senate and House of 

.. EC . . _j_^ J^epresentaiives^ in General Court as- 
sembled, and bij the authority of the same, That James 
Carter, together with such persons as have, or may here- 
after associate with him, and their successors and assigns, 
shall be a corporation, by the name of the Lancaster and 
Bolton Turnpike Corporation, for the purpose of making a 
Limits of the tumpilce roaVl, from near Jacob Eishei-^s, ni Lancaster, to 
••oadV near Jacob Fisher's, in Bolton: and for this purpose, shall 

have all the powers and privii<\ges, and be subject to all 
the duties, requirements, and penalties, contained in an 
act, entitled, " An act defining the general powers, and 
duties of turnpike corporations,'^ passed the sixteenth day 

of 



road 



e?- 
ancl 



DAY'S ACADEMY. March 13, An. 1806. 125 

of March, in the year of our Lord, cue thousand eight 
hundred and five. 

Sect. 2. Be it further enacted. That the said corpora- One gate ai. 
tion shall be entitled to one gate, with the usual toil. 

Sect. 3. Be it further enacted. That at any time here- The turnpike 
after, by the consent of said corporation, and the towns of ^JJ^^'^J''^'^^^^ 
Lancaster and Bolton, said turnpike road may be establish- county road. 
ed as a county road, and not otherwise. 

[This act passed March 13, 1806.] 



An act to establish Daifs Acadeim. 

WHEREAS Benjamin Day and others, have sub- preamb]* 
scribed tzventy-three hundred dollars, for the pur- 
pose of erecting and supporting an academy at Wrentham, 
in the county oi Norfolk : 

Sect. 1. BJE it enacted hij the Senate and House of 
Represe7itatives, in General Court assembled, and bij the 
authoritu of the same. That there be, and hereby is es- ^J;^.'^f"7 
tabiished m said Wrentham, an academy, by the name ot trustees incor- 
Daifs Academy, for the promotion of learning and religion, v^''^^^^- 
and that the present pastor, and the present deacons, of the 
first congregational church in said Wrentham, and their 
successors in office, together with Beriah Brastovv% George 
Hawes, Jairus Ware, John Whiting, Lewis Whiting, Abi- 
jah Pond, Timothy Whiting, Daniel Ware, Amos Archer, 
David Tisher, jun. Joseph Whiting, jun. Eliphalet White, 
Luther White, Elijah Craig, Eliphalet Whiting, John 
Hall, jun. William Brown, William Messenger, and such 
others as may hereafter associate with them, be, and here- 
by are incorporated into a body politic, by the nam.e of 
the Trustees of Daifs Academy, and that they and their 
successors shall be and continue a body politic and corpo- 
rate, by the same name forever : Provided howe-oer. That 
the number of trustees may be reduced, at the pleasure of 
the Legislature. 

Sect. 2. Be it further enacted. That all the monies, Trusteesancw. 
lands, or other property, already subscribed and given, or hdd or'atTo^"^^ 
which shall hereafter be given, granted, devised, or be- of estate. 
cjueathed, to the said trustees, for the purposes aforesaid, 
shall be, and hereby are confirmed to the said trustees and 
their successors in that trust forever ; and the said trustees 
may have and hold, in fee simple, by gift, grant, or other- 
wise, any lands, tenements, hereditaments, or other estate, 
real or personal, provided the annual income thereof shall 

not 



126 NORF. 4- BRIST. TURNP. March 14, An. 1806. 

not exceed the sum o^ four thousand dollars^ and may sell 
and dispose of the same, and apply the rents, issues and 
profits thereof, in such manner as they may judge most 
proper, to effect the purposes of the said corporation. 
tTmri'eT to'^c- '^^^^- 3- ^^ it further euarted. That the said trustees, 
lect officers, es- Or a major part of them, shall have power from time to 
£' &'c '"'^'' ^^"^^ ^^ ^^^^^ ^"^^ officers of the said academy, as they 
shall judge necessary, to fix the tenure of their respective 
offices, to fill all vacancies in said corporation, to determine 
the times and places of the meetings of said corporation, to 
elect and prescribe the powers and duties of the officers of 
the said corporation, and also to prescribe the powers and 
duties of the preceptor, preceptress, teachers, and all other 
officers of the said academy, and to make and ordain rea- 
sonable rules, orders, and bye-laws, not repugnant to the 
laws of this Commonwealth, with reasonable penalties for 
the breach thereof. 
Corporation to Sect. 4. Be it farther enacted^ That the said corpora- 
mm! sear*" ^^^" ^"^^' '^^^'^ ^ couimon scal, whicli they may at pleasure 
which is to be break and renew; and that all deeds, signed and sealed, 
Sihcymay ^^'^^^^ ^"^^'^ ^^'^^' ^^'li^ered and acknowledged, by the 
give. Secretary or Clerk of said corporation, by order of the said 

trustees, shall be good and valid in law ; and the said cor- 
poration may sue and be sued, in all actions, real, person- 
al, and mixed, and prosecute and defend the same to final 
judgment and execution, by the said name of incorporation. 
Any Justice in Sfxt. .'5. ]3e it further euucted^ That either of the 
Norfolk may Justiccs of the pcacc, for the county of Norfolk, be, and 
meeting. ^^ hereby is authorized to fix the time and place for holding 
the first meeting of said trustees, and to notify them 
thereof. 

[This act passed March 13, 1806.] 



An act in amendment of the act establishing the Norfolk 
and Bristol Turnpike Corporation, and of the two acts 
in addition thereto. 

o ^ TTJ E it enacted hij the Senate and House 

Two toll-gates ' * J3 ^^f Representatives, in General Court 

twe^n Dedham dssemhled, ami bij 'the auihoritif of the same. That the 
courthouse Norfolh 'AwA B/istol Tumpikc Corporation, be, and they 
^rrVJaiMc""' <^re hereby further authorized and empowered, in lieu of 
and two be- the ouc gate, now established between the court house, in 
S'sfnl Dedham, and the house of Benjamin Mann, in Wal/jole, to 
tieborongh and (Tcct two toll gatcs ; aud also in lieu of the one gate, now 
^';:,"^'^ ""' ''"' established 



NORF. * BRIST. TURNP. March 14, An. ISOC. 1-7 

\ 

established between the house of Israel Hatch, in Attlebo- 
rouirft^ and the end of said turnpike, at Fazcfnclict bridge, 
to erect two other toll gales, in such places, not upon thu 
old road, as may be most fit and proper to ensure the col- 
lection of the lea:al tolls ; and when the same are erected, 
and so long as the said corporation shall deem it eligible to 
continue the same, the said Norfolk and Bristol turnpike 
corporation shall be entitled to demand and receive at each 
of said gates, in lieu of the toll allowed by the act estab- 
lishing the said corporation, the same rate of toll as is al- 
lowed by the act in further addition to the act establishing 
the Norfolk and Bristol turnpike corporation, passed the 
ninth day of March, in the year of our Lord one thousand 
eight hundred and four : Provided^ that not more than one 
half gate shall be placed between Dedlunn court house and 
Moses Guild's house, and that not more than one half gate 
shall be placed between the said Moses Guild's house, and 
Benjamin Mann's house, and that the last mentioned half 
gate shall not be placed within thirty rods of Moses Guild's 
house ; and provided also, that if the said corporation 
shall hereafter think proper to unite the two last men- 
tioned half gates, and have one whole gate, such whole 
gate shall not be located in any place in which the same 
could not have been located, if this act had not passed. 
Provided also^ that if the said corporation shall divide the 
gate now erected between the house of Israel Hatch, and 
Puvctncket bridge, they shall not place the two half gates 
within three miles of each other. 

And to the end that the said cori3oration may not be 
defrauded of their legal dues : 

Sect. 2. Be it further enacted^ That any person who Persons liable 
shall travel on any part of the said turnpike road, not made lurn^^Jfr TtllT 
on an old road, and separated therefrom by a fence, and road to avoid a 
shall turn off from said turnpike road, with an intent to ^"*^* 
avoid passing the next gate, shall be liable to pay, and the 
said corporation shall bci entitled to demand and receive 
the same rate of toll for his carriage, team, sleigh, horses or 
cattle, as he ^vould be liable to pay if he actually passed 
such gate. 

Sect. :3. Be it further enacted^ That any person who Persons wh» 
shall within seven rods of either of said gates, enter or pass «"««'■ ■^^ t^e^ 
on said turnpike, not made on an old road, and actually '^J\ gate, 
travel on any such part of said turnpike road without pay- ^"«^ p*^^,<^"' 
ing toll at such gate, shall be liable to pay, and the said cor- to p;.y. 
poration shall be authorized to demand anrl receive the 

same 



MS NORF. <5- BRIST. TURNP, March U, An. 1306. 

same rate of toll for his carriage, team, sleigh, horses or cat- 
tle, as he would be liable to pay if he actually passed 
through such gate. Frovided nevertheless^ That nothing 
in this act shall be construed to render any person liable 
to pay toll for travelling on said turnpike, between the 
place v/here the lane leading from the house of Oliver El- 
lis, in Dedliam^ communicates with the said turnpike, and 
the place where the said turnpike next strikes the old road. 
Frovided also, that nothing herein contained shall oblige 
any person to pay toll, who shall enter on, or pass off said 
turnpike, within seven rods of the gate near the house of 
Elijah Eayden. Frovided cdso. That no person sj^ecially 
exempted from paying toil by either of the acts to which 
tliis is in addition, shall be subjected thereto, by virtue of 
this act. 
The gate be- Sect. 4. Be it further enacted. That the said corpora- 
ster's and the tiou, be, and they are hereby authorized and empowered to 
Mill-creek, in remove the ^ate erected between the house of Isaiah Dun- 

JDedham, a!- « - -n i • x\ ' 77 i i 

lowed to be re- stcr auQ the miil crcck, m uedkam, to any place between 
moved. |-]^g g^jj^ Dunster's, and the place where the turnpike cross- 

es the old road, west of said mill-creek ; ai^ in qase said 
gate shall be placed within seven rods of the place of in* 
tersection, any person who shall enter on to said turnpike, 
west of said gate, or turn oiT therefrom, shall be liable to 
pay, and the said corporation shall be authorized to de- 
mand and receive of him, one half as much toil, as he 
would be liable to pay if he passed through such gate ; and 
an}^ person who shall enter on said turnpike, at the lane 
leading from the old road to the mills, in Dedham, and shall 
travel on said turnpike, shall be liable to pay the same toll, 
as he would have paid, if he had actually passed through 
such srate. 
Width of the Sect. 5. Be it further enacted. That the committee ap- 
phces'^may'^be pointcd by the Geucral Court to locate the Norfolk and 
less than here- Bristol tumpikc, bc, and they aire hereby further authoriz- 
to ore prescn - ^^ ^^ i^^ ^^^ ^^^ samc of a Icss width than three rods, 

near the bam of Israel Hatch, in Attleborough, near the 

house of Benjamin Daggett, in said Attleborough, and near 

the abutment Oi FanDtucliet bridge, in Rehoboth : Provided, 

That in the opinion of the said committee, such reduction 

will not impede the public travel. 

This act liable Sect. 6. Be it further enacted. That the Legislature may 

to be repealed repeal this act, whenever it shall be judged proper and ex- 

of ?hVi^Sa! pedient, any thing herein to the contrary notwithstanding. 

*"^^ ' • [This act passed March 14. 18Qb.] 

An 



SCHOOD. SLUICE WAYS. March 14, An. 1806. 129 

An act to incorporate Edward H. Robbing and others, by 
the name and style of the Proprietors of the Schoodick 
Sluice Ways. 

q . "1-^^ ^^ ewac/(?(/ bij the Senate and House of 

"■-^ Representatives.) in General Court as- 
sembled, and hij the authority of the same., That Edward Ji^^'J^fncof ora- 
H. Robbing, Abiel Wood, junior, Shubael Downes, and ted ; corporate 
WiUiam Pike, and such persons as shall be associated with "^'"^''^'*=- 
them, and their successors, shall be a corporation, by the 
name of the Proprietors of the Schoodick Sluice Ways., for 
the purpose of building, maintaining, and holding a sluice 
way, from the Washington mills, so called, in township num- 
ber five, in the county of Washington., down said river, or 
on the land contiguous thereto, to some suitable landing 
place on the tide waters of said river ; and they are hereby 
vested with all the powers and privileges, which are by law 
incident to corporations of a similar nature. 

Sect. 2. Be it further enacted., That the said sluice j^gj^yj^jj^g^^j^ 
ways shall be held in thirty-two shares, and shall be con- shares, and the 
sidered as appurtenant to said Washington mills, so far that whkh"they"are 
all lumber sawed therein shall have the preference in being to be subscribe 
sluiced ; and each share shall give the person holding the ^^' 
same, one vote in the proceedings of said corporation, ei- 
ther in person, or by representation in writing, for the pur- 
pose specially made, which shall be filed Avith and recorded 
by the clerk : Provided., that no one proprietor shall have 
a right to more than eight votes, on any occasion ; and the 
proprietors in said mills, and their heirs, shall have the 
first right to subscribe for shares in said sluice ways, to the 
amount of each one's proportion as proprietors in said mills ; 
and if the whole of said shares shall not be taken and sub- 
scribed for by the proprietors of said mills, or their heirs, 
within ninety days from the passing of this act, in the ratio 
aforesaid, then the remaining shares may be subscribed for 
and taken by the other proprietors of said mills, in the ratio 
in which they are interested therein : Provided., that any of 
said proprietors may take more or less than their individual 
proportions of said remaining shares, by the consent of the 
other subscribing proprietors, made in writing. 

Sect. 3. 3e it further enacted., That for the purpose ^^j, ejtabiish- 
of reimbursing said proprietors their expenses in building ed. 
and maintaining said sluice ways, a toll be, and hereby is 
granted for the sole benefit of said incorporation, according 
to the rates following : for every thousand feet of boards, 
plank, or joist, computed at board measure,^/?/>y cents ; for 
R every 



130 SCHOOD. SLUICE WAYS. March 14, An. 1806. 

every thousand of clapboards, ybr/j/ cents ; for every thou- 
sand of shingles, nine cents ; for every ton of timber, twenty 
cents ; for every hundred feet of ranging timber, sixteen 
cents ; for all s\mvs^Jifti/ cents for each hundred inches. 
Sect. 4. Be it farther enacted^ That the said proprie- 
How the first tors, or any two of them, rnay make their application to any 

meeting may -, '. ^- i t-i e ^^ ^ c iir »• 

be called, and Justiccoi the rcacc, lor the county 01 Washington^ request- 
the business to jjjg j^jj^-^ *^q ^all a meeting of said proprietors, to be holden 
thereat. at some Convenient place within said township number 

five ; whereupon said Justice is hereby empowered to issue 
his warrant to one of said proprietors, directing him to warn 
and notify said proprietors to meet at such time and place 
in said township number five, as he shall therein direct, to 
agree on such method as may be thought proper for calling 
meetings of said proprietors in future ; and do and transact 
such matters and things relating to said propriety as may 
be expressed in the warrant. And the proprietor to whom 
such warrant shall be directed, shall give notice to said 
proprietors, by posting up a written notification at some 
public place, within said tov/nship number five, and also 
by advertising the same in the newspaper printed in the 
town of Boston, by the printers of the General Court, four 
w^eeks before the time of holding said meeting ; at which 
meeting, or any subsequent meeting, said proprietors may 
agree upon the mode of calling future meetings, and ap- 
point a Clerk, Treasurer, and such other officers of the 
corporation j as they may deem necessary ; who shall be du- 
ly sworn to the faithful discharge of their respective trusts, 
and may make and establish any rules and regulations, 
which shall be found necessary for regulating said corpora- 
tion ; for collecting the toll or fees herein established, and 
for the more efTectually executing the general purposes of 
this act ; and shall have power to assess and recover rea- 
sonable fines and penalties, for any breach or breaches of 
such rules and regulations, not exceeding fiftij dollars : 
Provided, the same shall not be repugnant to the constitu- 
tion and laws of this C/Ommonwealth ; and this act, and all 
the rules, regulations, votes, and doings of said corporation, 
shall be fairly and truly recorded, by the said Clerk, in a 
book, or books, for that purpose to be provided and kept. 
Sect. 5. Be it further enacted. That Theodore Lincoln, 
Committee to Xhomas \'osc, and Stephen Brewer, be, and hereby are 

layout sluice- ' . i ' ' i i -i 

way, landing appointed a committee, to survey, lay out, and describe, 
place, and pas- j^ niccts aud bouuds, SO iiiuch laud, with water privilege, 

sage way lor J ni -riii 

loaded teams, as they, or either two of them, upon view oi the whole, 

shall 



SCHOOD. SLUICE WAYS. March 14, An. 1806. 131 

shall determine to be -necessary and sufficient for the use 
and accommodation of said sluice way, and a landing place % 

at the termination thereof, to deposit lumber after being 
sluiced ; and also to determine on the places,. and describe 
two suitable passage ways, either over or under said sluice 
ways, sufficient for loaded teams to pass, which said propri- 
etors shall be holden to make and repair as appurtenant to 
said sluice ways ; and the said committee shall certify the 
whole of their doings to the clerk of said proprietors, who 
shall forthwith cause the same to be recorded in their 
book of records, and also in the registry of deeds for 
said county of Washington; and the said proprietors of the 
sluice ways shall, within sixty days after said certificate is 
filed with their Clerk, tender to each individual owner of 
said Washington mills, who shall not have subscribed their 
share or shares in this corporation, their full proportion of 
the amount of the appraisement aforesaid; and if such indi- 
vidual, or their guardians, in case of their being minors, 
shall receive the same, the payment thereof shall operate in 
full satisfaction of their claims on said land and privileges, 
taken for the use of said sluice wa}^ But if said proprie- 
tors shall not tender to any individual their proportion of 
the damages awarded, or any individual shall ref«ise to re- 
ceive the sum awarded, such person or persons may, either 
severally, or by uniting together, make application to the 
Court of Common Pleas, for the county of Washington^ ioY 
a jury to estimate the damages ; and said jury shall be ap- 
pointed in the manner prescribed by an act, entitled, "An 
act directing the method of laying out highways ;" and the 
said Court and jury shall have like powers and duties, as 
Courts and jiu'ies have on like applications for damages in 
laying out highways : Provided, That said application be 
made to the Court aforesaid, within one year after notice 
is given to the applicants of the appraisement aforesaid. 

Sect. 6. Be it further enacted. That if any person or 
persons shall wilfully, mahciously, and contrary to law. Penalty for in- 
take up, remove, or injure any part of said sluice way or its J"""^^^^ 

*^ ' -^ ^. \ •' . sluice-ways. 

appurtenances, or any materials used or to be used, in or 
about said works, or shall aid in any trespass against the 
same, he shall, for every such offence, forfeit and pay to the 
proprietors aforesaid, treble such damages, as said propri- 
etors shall, to the Justice, or Court and jury before whom 
the trial shall be, make app^^ar that they have sustained by 
means of the same trespasses ; to be sued for and recover- 
ed 



132 AMOSKEAG CANAL. March U, An. 1806. 

ed by said proprietors, in any court proper to try the same, 
by action of trespass. 
The shares of Sect. 7. Be it further enacted. That the said corpo- 
deiinquents to ration shall have full power and authority to sell and dis- 
pose of the share or shares of any proprietor, who shall, 
according to the rules and regulations to be made by said 
corporation, be delinquent in the payment of any assess- 
ment that may be made on said share or shares, conform- 
ing to such modes and rules, as shall be established by 
said corporation, for the sale of shares of delinquents. 
A toll gatherer Sect. 8. Be it further euQcted, That there shall be 
to attend con- ^ ^q\\ gatherer to attend said sluice, who shall, at all times 
of the day, during the season for removing lumber by 
sluicing, give constant attendance at a suitable station ; and 
on the toll being paid, shall immediately permit the own- 
ers of lumber to pass the same through the said sluice 
way : Provided always. That after thirty years shall have 
expired, from the first opening of said sluice, the General 
Coiu't may regulate the rate of toll from thence forward . 
Time of male- Sect. 9- Be it further enacted. That if the proprie- 
ing the sluice- ^^^g aforesaid, shall refuse or nedect, for the space of two 

w^y limited, ^ ' . ^ , . ° i -i i i i 

years after the passing of this act, to build and complete 
said sluice way, so as to be passable in manner aforesaid, 
then this 'act shall be void and of none effect. 

[This act passed March 14, 1806.] 



An act in addition to an act, entitled, " An act granting a 
Lottery for the purpose of- completing the Lochs and 
Canals at Amoskeag Falls, in the State of New-Hamp" 
shire" 

^ XJ E it enacted hij the Senate and House of 

. i*^ Representatives, in General Court assem- 
bled, and by the authority of the same. That in addition 
to the sum of ten thousand dollars, directed to be raised by 
an act, entitled, " An act granting a lottery for the pur- 
pose of completing the locks and canals at Amoskeag falls, 
_ farther sum in the State oi Neiv Hampshire," the further sum of ten 
oi 10,000 doi- thousand dollars be raised by lottery for the same purpose ; 
iTratlir^* '"^ and that His Excellency the Governor, be, and he is hereby 
authorized to appoint three suitable persons to be mana- 
gers of the said lottery, whose business it shall be, from 
time to time, to make and publish such scheme or schemes, 
as shall in their opinion best promote the purposes of said 

lottery, 



A 



WRENT. & WALP. TURNP. March 14, An. iS06. 133 

lottery, and for drawing said lottery, and transacting the 
other business thereof. 

Sect. 2. Be it further enacted^ That the said man- Managers to 
affers, to be appointed by the Governor, before they enter give bonds, and 

"©'"•» , . ^ . I • /^ 1 11 • 11 to be sworn. 

on the duties ot their omce, shall give separate bonds to 
the Treasurer of this Commonwealth, and his successors in 
said office, each in the sum oi Jive thousand dollars^ with 
sufficient surety, each to be answerable for his own default, 
and to pay over the nett proceeds of each class of said lot- 
tery, within sixty days after the drawing thereof shall be 
completed, to the agent or agents to be appointed by the 
third section of this act ; and the said managers, before 
they enter upon the duties of their office, shall severally 
take an oath, for the faithful performance of their trust. 

Sect. 3. Be it further enacted. That His Excellency An agent or a. 
the Governor, be, and he is hereby authorized to appoint gents to be ap- 

1 1111 1-1^ • pointed to ap- 

one or more agents, who shall be authorized to receive piy the pro- 
froin the managers, the proceeds of the lottery, and appro- "r^'^to^he^'^J 
piiate the same to the completion of the locks and canals, poses intended. 
and the dam, at the said Amoskeag falls, for the purpose 
of turning the water into the said canal ; and the said 
agent or agents, shall, from time to time, when thereunto 
required by His Excellency the Governor, rend.er an ac- 
count of his or their proceedings in the premises. 

Sect. 4. Be it further enacted. That this act shall con- Act limited, 
tinue and be in force, for the term of three years, and no 
longer. 

[This act passed March 14, 1806.] 



An act to establish a corporation, by the name of the 
Wrentham and IValpole Turnpike Corporation. 

c , I3E it enacted bif the Senate and House of 

IJ Representatives, in General Court as- 
senibled, and bij the authority of the same. That David Names of per- 
Gilmore, Moses Whitney, Beriah Brastow, Oliver Pond, '^''j;^^^;''*^^^;- 
Elias Bacon, David Fisher, jun. John Whiting, David porate name, 
Fales, Benjamin Hawes, Nehemiah Tilson, Jairus Ware, ^troz^!'' "^ 
and Jason Hartshorn, together with such persons as may 
hereafter associate w4th them, and their successors and as- 
signs, shall be a corporation, by the name of the Wrent- 
ham and Walpole Turnpike Corporation, for the purpose of 
making a turnpike road, from the meeting house, in the 
first parish in Wrentham, to the meeting house in Walpole, 

in 



131. RRUSII-HILL TURNP. March 14, An. I8G6. 

in the county of Norfolk ; the said turnpike road to begin 
at said meeting house in Wrentham^ and thence to run as 
nearly in a straight line, to the said meeting house in Wed- 
po/e^ in the county of. Norfolk, as a locating committee 
shall think will best accommodate the public ; and for 
this purpose, shall have all the powers and privileges, and 
be subject to all the duties, requirements, arid penalties, 
contained in an act, entitled, " An act defining the general 
powers and duties of turnpike corporations," passed the 
sixteenth day of March, in the year of our Lord, one thou- 
sand eight hundred and five. 
Monies may be Sect. 2. Be it further ^w«cW, That Said corpoiation 
Sns whriiaTe ^^ hereby allowed to grant monies to such persons as have 
rendered ser- rendered scrviccs to the proprietors, in exploring the route 
tTthe^paSn^ ^^ ^^^^ tUHipikc road, or otherwise, previous to this act of 
of this act. " incorporation, or to such persons as have advanced monies, 
to pay any expenses which may have accrued. 
[This act passed March 14, 1806.] 



An act to establish the Second Brush-Hill Turnpike Cor- 
poration. 

^ , , 11 E it enacted hij the Senate and House of 
Jj Representatives, in General Court as- 
sembled, and bif the authority of the same. That Isaac 
Davenport, Elijah Crane, and Jeremiah Smith Boies, and 
all such persons as now are, or may be associated with 
them, and their successors, shall be a corporation, by the 
name and style of the Second Brush-Hill Turnpike Corpo- 
ration, for the purpose of laying out and making a turnpike 
Course and di- Toad, commeucing at or near the termination of the Brush- 
mensions of jjill tumpikc road in Roxburii, and running westerly of the 

tlip road mid *J *-? »/ 

directions as to dwelling housc of Doctor Thomas Williams, in said Rox- 
the laying out hiirij, aud thcuce to Front Street, in Boston ; the whole to 
the same. "^ be laid out and made, as near as may be found practicable 
and convenient, in a straight line from the commencement 
thereof in Roxbiirij, to the said Front Street in Boston ; and 
to be located by a committee to be appointed by the Court 
of Common Pleas of the county of Norfolk, for that part 
which shall be in the said county, and the Selectmen of 
the town of Boston, for that part which shall be in the said 
town ; and the same shall be laid out on the marsh and 
flats, not less than sixty, nor more than one hundred feet 
wide, and the travelling path in that part thereof, within 

the 



BRUSH-HILL TURNP. March 12, An. 1806. l3o 

town of Boston, shall not be less than forty feet in width ; 
and on the upland not more than four, nor less than three 
rods in width ; and the travelled path shall no where be less 
than thirty feet in width ; and the earth, which may be 
taken to make the said road over said marsh and flats, 
shall all be taken on the easterly side of said travelled path ; 
and the said corporation shall put up and maintain lamps, 
at the distance of two hundred feet apart, on each side, 
from said Front Street to the boundary line between Bos- 
ton and Roxburij, which shall be well supplied with oil, 
and lighted in due seasons, and kept burning until mid- 
night. 

Sect. 2. Be it further enacted. That the said corpo- corporation 
ration may purchase and hold land over which they may ^^i take land 
make said road, and shall be holden to pay all damages compensatUiV 
which may arise to any person by taking his land therefor, the owners, 
when it cannot be obtained by voluntary agreement, to be 
estimated by a committee, to be appointed by the Court of 
Common Pleas of the counties of Suffolk and Norfolk, for 
that part of said road, which shall lie in said counties re- 
spectively, saving to either part}^ the right of trial by jury, 
according to the law Which provides for the recovery of 
damages accruing by laying out public highways. And 
the said committees in each county, shall make a return of 
their doings in such county, to the next Court of Com- 
mon Pleas, to be holden therein. 

Sect. 3. Be it forther enacted. That when the said Toil estabHsh- 
road shall be sufficiently made, and shall be so allowed and g^^gg^'^^^j^^JJ^ 
approved by a committee appointed by the Courts of Com- neither to b? 
mon Pleas of Suffolk and Norfolk, respectively, the said'"^*"''""- 
corporation shall be entitled to demand and receive, from 
each traveller and passenger, the following rates of toll, to 
wit : For every coach, chariot, phaeton, or other four 
wheel carriage, drawn by two horses, twenty-Jive cents ; and 
if drawn by more than two horses, an additional sum of 
tioo cents, for each additional horse ; for every cart or wag- 
gon, drawn by two oxen or horses, ten cents; and if dmwn 
by more than two oxen or horses, the additional sum of 
two cents, for each additional ox or horse ; for every chaise 
or other carriage, drawn by one horse, twelve and one half 
cents ; for every man and horse,yb^c;- cents ; for every sled 
or sleigh, drawn by tv/o oxen or horses, six cents ; and if 
drawn by more than two oxen or horses, an additional sum 
of tx<oo cents, for each additional ox or horse ; for every 
sled, sleigh, horse-cart or waggon,, drawn by one horse, 

six 



136 BIIUSH-HILL TURNP. . March 14* An. 1806. 

six cents each ; for each wheel-barrow, hand-cart, or other 
vehicle capable of carrying like weight, two cents ; for all 
horses, mules, oxen, or neat cattle, led or driven, beside 
those in teams, one cent each ; for all sheep or swine, at 
the rate oi four cents for each dozen. And the said cor- 
poration is hereby authorized and directed to erect two 
gates for collecting said toll, on any part of said road, not 
within one mile of each other, either of which gates shall 
not be placed within the limits of the town of Boston^ and 
shall demand and receive, not more than one half of the 
above toll at each gate. And when no toll gatherer shall 
be present at either of said gates to receive toll, the said 
gate or gates shall be left open^ and passengers be permit- 
ted to pass freely : Provided., That no gate shall be erect- 
ed on any part of the old road. 
Streets eon- Sect. 4. Be it further enacted^ That the Selectmen 
neciing with ^f ^^^ towus of Boston OY Roxbttrii. shall have a rie^ht to 

the road, may . ... . -J ^ i 

be laid out, by lay out Streets m their respective towns, from the main 

S^BoftonTr" ^^^^^^ <^ver Bosfou neck, to the said turnpike road ; and the 

Roxbury. abuttcis ou the said turnpike road shall have the privilege 

of passing to and from their lands upon each side of said 

road, as though the said road was a public highway ; and 

shall also have power to fill up and raise the land upon the 

sides of said street, at any time hereafter, for the purpose 

of a passage from their lands abutting, to the travelled path 

of said road. 

Abridge, with Sect. 5. Bc it further enacted. That the said Cor- 

buth over^Rox! po^^tion shall make a good bridge over Roxbury canal, 

bury Canal ; with a sufficieut draw, not less than twenty, nor exceed- 

drains"to^be ^"g thirty fcct in width, for the passage of vessels, through 

made for the whicli vcssels aiid rafts may freely pass ; and thfe said draw 

ton,^connec^i?,g ^o be raised without delay, except for pleasure boats. And 

withtheroad. the Said Corporation shall lay or build sufficient drains or 

sluice ways, across said turnpike road, to the satisfaction of 

the Selectmen of the town of Boston, in every place where 

the tross streets leading easterly from Washington Street, on 

Boston neck, shall join or abutt upon said turnpike road. 

Provided, That the places for such drains, shall be pointed 

out by the said Selectmen, before the work shall be begun, 

in the place where they are to be laid. 

Sect. 6. Be it further enacted. That when the said 
S, ^where hSf corpOiation shall have completed that part of the road here- 
tou may be col- by granted, extending from the commencement of the 
jTaTofiiTJl^ad same to the county road, near the dwelling house of the 
« completed, gaid WiUiams, to the acceptance of the aforesaid commit- 
tee, 



BANKS. March 14, An. 1806. \37 

tee, for the county of Noj-Jolk, they shall have liberty to 
erect a gate, and to demand and receive half the above 
rates of toll, on the same, from all passengers, although 
the other part of the road, hereby granted, shall not have ' 
been completed. 

Sect. 7. Be it further enacted^ That when the Se- 
lectmen of the town of Boston, shall hereafter cut a canal Town of Bos-- 
from the Bay, on the westerly side of Boston^ to the Bay on to cut a'cLai, 
the easterly side of the same, they shall have liberty to cut^^^"'"s ^ 

1 1-1 -1 111- 1-1 1 bridge over the 

through said turnpike road, they making a bridge over the same. 
same, with suitable abutments, which shall forever be 
kept in repair at the experjse of said town o^ Boston. 

Sect. 8. Be it farther enacted. That the said corpora- 
tion shall be entitled to all and singular the powers and Corporation 

, , . II 1 1- • • 1 entiLied to the 

provisions, and shall be subject to all the limitations and powers, and 
restrictions, which are particularly dehneated for the eov- subject to the 

', ..*„ *'., . .^ restrictions, &c.- 

eminent and organization ot turnpike corporations, in an of the general 
act, entitled, " An act defining the general powers and ^"f "P'^^^ ^gt. 
duties of turnpike corporations," passed the sixteenth day 
of March, in the year of our Lord, one thousand eight 
hundred and fiv^e, except where the same are controlled 
by the provisions of this act. 

[This act passed March 14, 1806.] 



An act directing the mode and time of making returns of 
the state of the several incorporated Banks, in this Com- 
monwealth, to His Excellency the Governor and the hon- 
orable Council. 

o , Tl^ ^"^ enacted hij the Senate and House of 

-*-' Representatives, in General Court as- 
sembled, and by the authoritij of the same. That from and returns to U 
after the passing of this act, the directots of the several ma^cand what 
banks, incorporated within this Commonwealth, shall, on eViu thenr' ' 
the first Monday of January and June, in every year, make 
a return of the state of their several banks, as it existed on 
the day immediately preceding the Monday aforesaid, into 
the Secretary's office ; which return shall specify the amount 
of the capital stock actually paid in, the value of the real 
estate belonging to the corporation, amount of debts on in- - 
terest, other debts not on interest, cash deposited, bills in 
circulation, gold, silver, and other coined metals on hand, 
bills of other banks within the State, bills of other banks 
without the State, bills of one, two, and three dollars, in 
S circulation, 



!3S PENOBSCOT BANK. March 14, An. 1806. 

circulation, and the amount of said bills on hand ; which 
said returns shall be signed by a majority of the directors, 
and by the cashier of the several banks, who shall make 
oath or affirmation before some magistrate qualified to ad- 
minister oaths, and who shall have no interest in said cor- 
porate bodVi^ to the truth of said return, according to their 
best knowledge and belief. 

Sect. 2. Be it further enactecU That all such parts of 
Parts of former the cxistins: laws of th.'s Commonwealth, as relate to the 
w, repea t . ^^^j^ .^^^^ im\e of making returns of the state of the several 
banks, incorporated by the l^egislature of this Common- 
wealth, be, and they are hereby repealed. 

[This act passed March 14, 1806.] 

An act to incorporate sundry persons, by the name of The 
President^ Directors^ and Company of the Penobscot 
Bank. 

<^ . jl E it enacted hij the Senate and House of 

_a3 Bcpi^Gsentatl-ces^ in General Court as- 
. „ semhled^ and hif the authoritij of the same. That John Cros- 
sonsiiKorpora- bv, Caleb Brooks Hall, John Lee, Stephen Peabody, Samu- 
ted, and gene- gf £ £)yj-|.Qj^ Joscuh Lcc, Asa Peabodv, Johu Benson, 
Jonathan H. Brown, Josiah Hook, Allen Oilman, Samuel 
Lee, Robert Treat, Daniel Livermore, Mason Shaw, Thom- 
as S. Sparhavvk, Martin Kinsley, and their associates, suc- 
cessors and assigns, shall be, and hereby are created and 
made a corporation, by the name of The President, Direc- 
tors, and Company of the Penobscot Bank, and shall so con- 
tinue from the twentieth day of March instant, until the 
first Monday of October, which will be in the jiear of our 
Lord, one thousand eight hundred and twelve ; and by that 
name shall be, ^and hereby are made capable, in law, to sue 
and be sued, plead and be impleaded, to defend and be 
defended, in any court of record, or any other place what- 
soever ; and also to make and have a common seal, and to 
ordain, establish and put in execution, such bye-laws, or- 
dinances, and regulations, as to them shall appear neces- 
sary and convenient for the government of the said corpo- 
ration, and for the prudent management of their affairs : 
Provided, such bye-lavts, ordinances, and regulations shall 
in no wise be contrary to the constitution and laws of this 
Commonwealth ; and the said corporation shall be alwa3's 
subject to the rules, restrictions, limitations, and provisions, 
herein prescribed. 

Sect. 



PENOBSCOT BANK. March 14, An. 1S06. 139 

Sect. 2. Be ii further enacted, That the capital stock 
of the said corporation shall consist of the sum of one hun- ^T.fj,^"^nu^ 
dred (tnd fiftif thousand dollars^ in gold, silver, and other ber of shures; 
coined metals, to be divided into shares oi one Jnnidred dol- pe"odsfor the 

II /• 1111 in payments of m- 

lars each ; and the sum ot sevent'fj-five thousand dollars siiaiJ staiments ; a- 
be paid in gold, silver, or other coined metals, on or before "JtTtelikJwe? 
the sixteenth day of June, in the year of our Lord, one to be held, <!tc. 
thousand eight hundred and six ; and the remaining sum 
oi seventif-f.ze thousand dollars^ at such time, on or before 
the first day of June, A. D. one thousand eight hundred 
and eight, as shall be appointed by the president and di- 
rectors of said bank, by public notice thereof published in 
any newspaper, printed in the county of Hancock, also in 
one of the newspapers publislied in Fort land, two months 
at least previous to the time appointed for the payment 
aforesaid. And the stockholders, at their first meeting, 
shall, by a majority of votes, determine the amount of pay- 
ments to be made on each share ; also the mode of trans- 
ferring and disposing of the stock, and the profits thereof; 
which being entered on the books of said corporation, shall 
be binding on the stockholders, their successors and as- 
signs : Provided, that no money shall be loaned on dis- 
count, nor shall an}^ bills, or promissory notes be issued from 
said bank, until the capital actually paid in and existing in 
gold, silver, or other coined metals, in their vaults, shall a- 
mount to seventy-five thousand dollars. And the said cor- 
poration are hereby made capable, in law, to h'^.e, hold, 
purchase, receive, possess, enjoy, and retain, to them, their 
successors and assigns, lands, rents, tenements, and here- 
ditaments*, to an amount, not exceeding ////c?^';? thousand 
dollars, at any one time ; with power to sell and dispose of 
the same lands, tenements, and hereditaments, and to loan 
and negotiate their money and feftects, -by discounting on 
banking principles, on such security as they shall think ad- 
visable : Provided hoxccver. That nothing herein contained 
shall restrain or prevent the said corporation from taking 
and holding real estate to any amount, by mortgage or ex- 
ecution, when taken as collateral security for the payment 
of any debt due, or in satisfaction of any judgment recov- 
ered by said corporation, subject to such forfeiture and 
right of redemption as is by law provided. 

Sect. 3. Be it further enacted. That the following ^^ 
rules, regulations, limitations, and provisions, shall form and tions^'&c!^" 
be the fundamental articles of the said corporation : 

First, That the said corporation shall not issue and have 

in 



no PENOBSCOT BANK. March 14, An. 1806. 

Limitation as jjj circulation, at any one time, bills, notes, or obligations, to a 

to amount of ^ "^ . ,. , ' n-i- 

bills and loans, greater amount than twice their stock actually paid in ; nor 
shall there be due to the said bank, at any one time, more 
than twice the amount as aforesaid ; and in case of any ex- 
cess, the directors, under whose administration it may hap- 
pen, shall be liable for the payment of the same in their 
private capacity ; but this shall not be construed to exempt 
the said corporation, or any estate real or personal which 
they may hold as a body corporate, from being liable for, 
and chargeable with such excess. 
CorporatioR Second. The said corporation shall not vest, use or im- 
not to use their prove any of the monies, chattels or effects, in trade or 
uzde!^^ ^" commerce, but may sell all kinds of personal pledges, lodg- 
ed in their hands by way of security, to an amount suffi* 
. cient to reimburse the sum loaned. 
The real estate Third, That the lands, tenements, or hereditaments, 
as n^ayVe^ne- which the Said corporation shall hold, shall be only such 
cessary for the as shall be rcQuisite for the convenient transaction of their 

convenient i . * 

transaction of DUSinCSS. 

business. Fourth. Nonc but a member of said corporation, being a 

stockholders citizcu of this Comiiionwealth, and resident therein, shall 
eligible for d[-])Q elij^iblc for a director : and the directors shall choose one 

rectors* onc©i *--' 

the directors to out of their own number for president. And the cashier, 
be chosen pre_s- before he eutei's on the duties of his office, shall oive bond, 

jdent J and the . . • p • ^ i t • 

cashier to give With tw^o surctics, to the satisiactioii oi the directors, m a 
bonds. gyj^ j^Q|. jggg ^i^^jj ^^^^ thousand dollars, with conditions for 

the faithful discharge of the duties of his office. 
Directors of Fifth. No director of any other bank shall be eligible to 
other banks the officc of a dircctoF of this bank, although he may be a 
thfa/^'^'^^^ '" stockholder therein ; and any director, accepting any office 
in any other bank, shall be deemed to have vacated his place 
in this bank. 
Annual meet- Sixth. That for the well ordering the affairs of the said 
Sctorr m'^ist corporation, a meeting of the stockholders shall be held at 
be chosen. such placc as they shall direct, on the third Monday next 
after the fourth Tuesday of May, annually, and at any oth- 
er time during the continuance of the said corporation, and 
' at such place, as shall be appointed by the president and di- 

rectors, for the time being, by public notification thereof, by 
advertising the same in any newspaper printed in the coun- 
ty of Hancock, or in the town of Portland, three \veeks at 
least before the time appoiiited for said meeting; at which 
said annual meeting, there shall be chosen, by ballot, seven 
directors, to continue in office during the year ensuing 
tlie|r election, and until another choice of directors shall be 

made^ 



PENOBSCOT BANK. March 14, An, 1S06. HI 

made. And the number of votes to which each stock- 
holder shall be entitled, shall be according to the number 
of shares he shall hold in the following proportion ; that is 
to say, for one share, one vote ; and every two shares above 
one, shall give a right to one vote more : Provided, no one 
member shall have more than ten votes ; and absent mem- 
bers may vote by proxy, being authorized in writing. 

Seventh. No director shall be entitled to any emolument President to b« 
for his services ; but the stockholders may make the presi- brSfSs' 
dent such compensation as to them shall appear reasonable. ^""^ ^^ 'e^^^i^e 
Eighth. Not less than four directors shall constitute a Boi'rYofdirec- 
board for the transaction of business, of which the presi- *°'*- 
dent shall always be one, except in case of sickness or ne- 
cessary absence ; in which case the directors present may 
choose a chairman, for the time being, in his stead. 

Ninth. All bills issued from the bank aforesaid, and issuing of 
signed by the president, shall be binding on the corpora- ^^^^^^^J^ "^^''^ "ra- 
tion ; but it shall not be lawful for them to issue any bills 
of a less denomination than Jive dollars, to a greater 
amount than five per cent on their stock. 

Tenth. The directors shall make half yearly dividends Semi-annuai 
of all the profits, rents, premiums, and interest of the bank S^"'^'"'^'' 
aforesaid. 

Eleventh. The directors shall have power to appoint a officers of the 
cashier, and such clerks, and other officers for carrying on polmej''^ '^* 
the business of said bank, with such salaries as to them 
shall seem meet. 

Sect. 4. Be it further enacted. That the said bank shall Bank to b« 
be established and kept in the town of Buckstown, in the ttfn,^'of «£; 
county oi Hancock, or at such other place in said county, place in' Han- 
asthe stockholders at their first rneetmg shall determine. '°''''°""'^- 
Sect. 5. Be it further enacted. That whenever the Le- Money to be 
gislature shall require it, the said corporation shall loan to »oaned the 
the Commonwealth any sum of money, not exceeding ten quTre'd.'^ '^' 
thousand dollars, reimbursable at five annual instalments, 
or at any shorter period, at the election of the Common- 
wealth, with the annual payment of interest, at a rate not 
exceeding five per centum per annum : Provided however. 
That the Commonwealth shall never, at any one time, 
stand indebted to said corporation, without their consent, 
for a larger sum than ten thousand dollars. 

Sect. 6. Be it further enacted. That any committee, Committee ot 
specially appointed by the Ledslature for the purpose, shall *''^ J'-gi^iature 
have a right to examme mto the doings of the said corpo- bookj,&c. " 
ration, and shall have free access to all their books and 
J vaults ; 



149 PENOBSCOT BANK. March U, An. 1806. 

vaults • and if upon such examination it shall be found, and 
after a' full hearing of the said corporation thereon, be de- 
termined by the Legislature, that the said corporation have 
exceeded the powers herem granted them, or tailed to 
comply with any of the rules, restrictions, and conditions, 
in this act provided, their incorporation shall thereupon be 
declared forfeited and void. • ^; , , n 

Sect 7. J5^ zV /wr^/?^r e««c^^^, Tnat no discount shall 

IXTZin^^ be made at said bank, until the directors and company 
evidence is &iv- aforesaid shall have produced satisfactory evidence to tne 
r^'ahiiifiS Governor and Council, that the first mentiojied seventy^ 
been paid. .^^ fhouscind dollavs of the Capital stock has been paid m, 
and actually exists in gold, or silver, or other coined met- 
als, in their vaults. 
. Sect. 8. Be it farther enacted. That the said corpora- 
gte^rr^ion shall be holden to pay a premium of^^ dollars, to 
prosecutors of person who shall prosecute to conviction, m any 

counterfeiters. ^^^^^ F ^^.^^ jurisdictiou thereof, any person or persons 
who shall counterfeit or alter the bills of said bank. ^ 

Sect. 9- Be it further enacted. That all the bills or 
prS on'sV notes issued from said bank, shall be printed and made 
reotype plates. ^ stereotype platcs. _^ 

^Y^CT.IQ Beit further enacted. That the. persons 
^Z^: tV herein before named, or any three of them are authorized 
be called. ^^ ^.^^j ^ meeting of the members and stockholders ot said 
corporation, as soon as may be, at such time and place as 
they may see fit, by advertising the same in any paper m 
the town of Portland, three weeks before said meetmg, 
for the purpose of making, ordaining, and establishing, such 
bye-laws, ordinances, and regulations, for the orderly con- 
ducting the affairs of the said corporation, as the stock- 
holders shall deem necessary, and for the choice of he 
first board of directors, and such other officers as they shall 

see fit to choose. _, . i u t ^i 

Sect U. Be it further enacted. That it shall be the 
ftrerrL duty of the directors of the said bank, to transmit to the 
be made to the Q^vemor aud Council of this Commonwealth, tor tae time 
'^'— ^" being, once in six months at least, and as much oitener as 
they may require, accurate and just statements of the 
amount of the capital stock of said corporation, and of the 
debts due to the same, of the monies deposited therein, o 
the notes in circulation, and of the gold silver, and othei 
coined metals, and the bills of other banks on hand ; 
which statement shall be signed by the directors, and at- 
tested by the cashier. ^^^^ 



Governor and 
Council 



STATE PRISON. March 14, An. 1806. 143 

Sect. 12. Be it further enacted. That this Com- 
monwealth shall have a right, whenever the government "^^^ State to 
thereof shall make provision by law, to subscribe and be- bi'ome''intVr! 
come interested in the capital stock of said bank, in a sum, ^'^^'^ "^ ^^^ 
not exceeding thirty thousand dollars, in such way and ^^''^' 
manner, as the government may judge most for the honour 
and interest of the Commonwealth, subject to the rules, 
regulations, and provisions, to be by them made and estab- 
lished. 

Sect. 13. Be it further enacted. That the said cor- ^, ... 
poration shall be liable to pay, to any bonafde holder, the mountTan * 
original amount of any note of said bank, counterfeited or ^''^'^^ ''"' ^° 
altered, in the course of its circulation, to a larger amount, ^^^^"'' 
notwithstanding such alteration. 

Sect. 14. Be it further enacted, That nothing con- „ 
tamed in this act shall be construed to prevent the Legisla- Staxef ' '" 
ture from taxmg the said bank, at any time hereafter, when- 
ever they shall judge it expedient. 

Sect. \5. Be it further enacted. That one eighth 
part of the whole funds of said bank shall always be appro- Loans ^o be 
pnated to loans to be made to citizens of this Common- "^^^^ ^°' ^'i« 
wealth, and wherein the directors shall wholly and exclu- agSulit 
sively regard the agricultural interest ; which loans shall be ^"'^"'•■ 
made in sums, not more than /re hundred dollars, nor less 
than one hundred dollars, and upon the personal bond of 
the borrower, with collateral security by sufficient mort- 
gage of real estate, for a term, not less than one year, and 
on condition of paying the interest annually, on such loans, 
subject to such forfeiture, and right of redemption, as by 
law provided. -^ 

[This act passed March 1 4, 1806.] 

An act providing for the regulation of the State Prison, in 

Charlestozmi. 

Sect. 1. T^^ ^^ enacted by the Senate and House of 
Xy Representatives, in General Court as- 
sembled, and by the authoritif of the same. That criminals Convicts sen, 
convict, who have been sentenced to confinement to hard '^"^^'I'o ^ard 
labour for terms not yet expired, or who shall hereafter be ctr^dSthl 
sentenced to confinement to hard labour for life, or to sol- ^'*'^ p'*'^" 
itary imprisonment, and also to confinement to hard labour, 
lor any term, shall and may be imprisoned, restrained and' 
femployed in and within the precincts of the State Prison, 
Situate in Qharlestown, in the county of Middlesex. And 

the 



144 STATE PRISON. March 14, An. 1806. 

the Supreme Judicial Court are hereby authorized and 
empowered, by warrant, under their seal, directed to 
such officer or officers as they may think proper, requir- 
ing them to remove such convict or convicts as aforesaid, 
from any gaol in any county in this Commonwealth, 
to the State prison aforesaid ; and all officers, keepers of 
said Prison, and keepers of the several gaols in the Com- 
monwealth, are hereby required to do and perform all such 
duties and services, as may be set forth by such warrant ; 
and the accounts of said officers for performing said services, 
shall be liquidated and paid in such manner as the Gover- 
nor, with the advice of Council, shall direct : Provided, 
that the Justices of the Supreme Judicial Court, on any 
Conviction before them, at their discretion, may direct any 
sentence of confinement to hard labour, being for a less 
term than one year, to be enforced, inflicted, and fulfilled - 
in the prison of the county in which such conviction may 
be had. 

Sect. 2. Be ii further emtcfecl. That the keeper of 
Persons con- ggjj Prisou shall rcccivc all such persons, convictad before 
the Circuit the Circuit Court of the United States, at Zxuf term of said 
Court may be (^Qy^.^ in this Commonwcalth, as may be sentenced by said 

sent to the ' c «/ 

State prison. Court to Confinement and hard labour, for any term of 
time, and safely keep such convicts until they shall be dis- 
charged by due course of the haws ot the United States. 

Sect. 3. Be it further enacted^ That the Governor, by 

and with the advice and conseut of the Council, shall have 

crndf^ Tho ^^itl^c)i'ity to appoint and remove, at pleasure, a Physician, 

rized to appoint Chaplain, and Board of V^isitors, an Agent or Superinten- 

officers, and es- ^aut, and such othcr Officers, Assistants and Servants, as 

tablish rules, , ,, , i n ^ r- i 

&c. &c. shall and may appear to be tit and necessary tor the govern- 

ment, employment and regulation of said convicts ; and to 
establish their pay, and vest them with such authority and 
powers, as may be necessary to carry the design of this act 
into full effect ; and to make and establish such rules, 
regulations, and bye-laws, as may, in his opinion, with ad- 
vice aforesaid, be fit and proper for the due management 
and government of said convicts ; provided the same be 
not repugnant to the constitution and laws of this Com- 
monwealth. And also, through the agency of the officers 
aforesaid, to furnish and provide for said convicts, such 
food, fuel, cloathing, and all matters and things, as shall or 
may, in his opinion, be necessary for the sustenance, em- 
ployment, accommodation, and security of said convicts; 
and to vend and dispose of all articles by them manufac- 
tured ; 






BANKS. March 14, An. 1S06. 13? 

tee, for the county of Nofolk, they shall have liberty to 
erect a gate, and to demand and receive half the above 
rates of toll, on the same, from all passengers, although 
the other part of the road, hereby granted, shall not have 
been completed. 

Sect. 7. Be it further enacted. That when the Se- 
lectmen of the town of Boston, shall hereafter cut a canal Town of bos- 
from the Bay, on the westerly side of Boston, to the Bay on locura canat 
the easterly side of the same, they shall have liberty to cut^i-^^^'i^s a 
through said turnpike road, they making a bridge over the samf ''''■' '^'' 
same, with suitable abutments, which shall forever be 
kept in repair at the expense of said town of Boston. 
^ Sect. 8. Be it further enacted, That the said corpora- 
tion shall be entitled to all and singular the powers and Corporatb.i 
provisions, and shall be subject to all the limitations and powert anf 
restrictions, which are particularly delineated for the gov- '"^J«*=^ '« ^'^« 
ernment and organization of turnpike corporations, in an of tTeTenSS 
act, entitled, "An act defining the general powers and ^""^i"''® ^'^'• 
duties of turnpike corporations," passed the sixteenth day 
of March, in the year of bur Lord, one thousand eight 
hundred and five, except where the same are controlled 
by the provisions of this act. 

[This act passed March 14, 1806.] 



An act directing the mode and time of making returns of 
the state of the several incorporated Banks, in this Com- 
monwealth, to riis Excellency the Governor and the hon- 
orable Council. 



Sect. 1. "R^ ^^ enacted bij the Senate and House of 
-■-^ Representatives, in General Court as- 
sembled, and hj the authority of the same. That from and f.^llZThl 
after the passing of this act, .the directors of the several made,and what 
banks, incorporated within this Commonwealth, shall, on Vinxx^^^""^' 
the first Monday of January and June, in every year, make 
a return of the state of their several banks, as it existed on 
the day mimediately preceding the Monday aforesaid, into 
the Secretary's office ; which return shall specify the amount 
of the capital stock actually paid in, the value of the real 
estate belonging to the corporation, amount of debts on in- 
terest, other debts not on interest, cash deposited, bills in 
circulation, gold, silver, and other coined metals on hand, 
bills of other banks within the State, bills of other banks 
without the State, bills of one, two, and three dollars, in 
S circulation, 



138 PENOBSCOT BANK. March 14, An. ISOG. 

circulation, and the amount of said bills on hand ; which 
said returns shall be signed by a majority of the directors, 
and by the cashier of the several banks, who shall make 
oath or affirmation before some magistrate qualified to ad- 
minister oaths, and who shall have no interest in said cor- 
porate body, to the truth of said return, according to their 
best knowledge and belief. 

Sect. 2. Be it further enacted., That all such parts of 
Parts of former the existing laws of this Commonwealth, as relate to the 
aw» repea e . ^^^^ j^ .^^^ xvcuQ, of making retums of the state of the several 
banks, incorporated by the Legislature of this Common- 
wealth, be, and they are hereby repealed. 

[This act passed March 14, 1806.] 

An act to incorporate sundry persons, by the name of The 
President^ Directors ^ and Company of the Penobscot 
Bank. 

Q 13 E it enacted bif the' Senate and House of 

fj Representatives, in General Court as- 
e^ er ^^^^^'^^^^^'i ^^^^^ ^M th^ uuthoritij of the same. That John Cros- 
sonsiiicorpora- by, Caleb Brooks Hall, John Lee, Stephen Peabody, Samu- 
J^j^'^^J^'^s*''^^- el £. Button, Joseph Lee, Asa Peabody, John Benson, 
Jonathan H. Brown, Josiah Hook, Allen Oilman, Samuel 
Lee, Robert Treat, Daniel Livermore, Mason Shaw, Thom- 
as S. Sparhavvk, Martin Kinsley, and their associates, suc- 
cessors and assigns, shall be, and hereby are created and 
made a corporation, by the name of The President, Direc- 
tors, and Company of the Penobscot Bank, and shall so con- 
tinue from the twentieth day of March instant, until the 
first Monday of October, which will be in the year of our 
Lord, one thousand ci.o^ht hundred and twelve ; and by that 
name shall be, and hereby are made capable, in law, to sue 
and be sued, plead and be impleaded, to defend and be 
defended, in any court of record, or any other place what- 
soever ; and also to make and have a common seal, and to 
ordain, establish and put in execution, such bye-laws, or- 
dinances, and regulations, as to them shall appear neces- 
sary and convenient for the government of the said corpo- 
ration, and for the prudent management of their affairs : 
Provided, such bye-laws, ordinances, and regulations shall 
in no wise be contrary to the constitution and laws of this 
Commonwealth ; and the said corporation shall be always 
subject to the rules, restrictions, limitations, and provisions, 
herein prescribed. 

Sect. 



PENOBSCOT BANK. March 14, An. 1806. 139 

Sect. 2. Be it further enacted^ That the capital stock 
of the said corporation shall consist of the sum of one him- Amount of 
dred and fftif thousand dollars., in gold, silver, and other be?'of sh^rS'; 
coined metals, to be divided into shares oione hundred dol- peno^sfor the 
lars each ; and the sum of seventy-five thousand dollars shall ^Sments° 'al 
be paid in gold, silv^er, or other coined metals, on or before ^.^^''"^^iffjgd^* 
the sixteenth day of June, in the year of our Lord, one tobe^leld^&c. 
thousand eight hundred and six ; and the remaining sum 
o{ seventy -five thousand dollars, at such time, on or before 
the fn-st day of June, A, D. one thousand eight hundred 
and eight, as shall be appointed by the president and di- 
rectors of said bank, by public notice thereof published in 
any newspaper, printed in the county of Hancock, also in 
one of the newspapers published in Portland, two months 
at least previous to the time appointed for the payment 
aforesaid. And the stockholders, at their first meeting, 
shall, by a majority of votes, determine the amount of pay- 
ments to be made on each share ; also the mode of trans- 
ferring and disposing of the stock, and the profits thereof ; 
which being entered on the b6oks of said corporation, shall 
be binding on the stockholders, their successors and as- 
signs : Provided, that no money shall be loaned on dis- 
count, nor shall any bills, or promissory notes be issued from 
said bank, until the capital actually paid in and existing in 
gold, silver, or other coined metals, in their vaults, shall a- 
mount to seventif-five thousand dollars. And the said cor- 
poration are hereby made capable, in law, to have, hold, 
purchase, receive, possess, enjoy, and retain, to them, their 
successors and assigns, lands, rents, tenements, and here- 
ditaments, to an amount, not exceeding ///^ee-;? thousand 
dollars, at any one time ; with power to sell and dispose of 
the same lands, tenements, and hereditaments, and to loan 
and negotiate their money and effects, by discounting on 
banking principles, on such security as they shall think ad- 
visable : Provided hozvever, That nothing herein contained 
shall restrain or prevent the said corporation from taking 
and holding real estate to any amount, by mortgage or ex- 
ecution, when taken as collateral security for the payment 
of any debt due, or in satisfaction of any judgment recov- 
ered by said corporation, subject to such forfeiture and 
right of redemption as is by law provided. 

Sect. 3. Be it further enacted. That the following 
rules, regulations, limitations, and provisions, shall form and Soil's' &c'^''^** 
be the fundamental articles of the said corporation : 

Firsts That the said corporation shall not issue and have 

in 



140 PENOBSCOT BANK. March U, An. 1806. 

Limitation as jj^ circulation, at any one time, bills, notes, or oblirations, to a 

to amount ot ' , "^ . , . , n • i • 

bills and loans, greater amount tlian twice tneir stock actuali^^ paid m ; nor 
shall there be due to the said bank, at any one time, more 
than twice the amount as aforesaid ; and in case of any ex^ 
cess, the directors, under whose administration it may hap- 
pen, shall be liable for the payment of the same in their 
private capacity ; but this shall not be construed to exempt 
the said corporation, or any estate real or personal which 
they may hold as a body corporate, from being liable for, 
and chargeable Avith such excess. 
Corporation Second. The said corporation shall not vest, use or im-» 
not to use their prove any of the monies, chattels or effects, in trade or 
mde^"^'^ "^ commerce, but may sell all kinds of personal pledges, lodg- 
ed in their hands by way of security, to an amount suffi-* 
cient to reimburse the sum loaned. 
The real estate Third. That tlic laiids, tenements, or hereditaments, 
as niay"be*riV' which the Said corporation shall hold, shall be only such 
cessary for the as shall bc rcfluisite for the convenient transaction of their 

Convenient i . ■"• 

transaction of t)USineSS. 

business. FourtJi. Nonc but a member of said corporation, being a 

stockhoiaers citizcn of this Commonwealth, and resident therein, shall 
eligible for di- ]^q eliij^ible for a director ; and the directors shall choose one 

rectors; one of ^i- ir^' -i aii i- 

the directors to out oi their own iiumber tor president. And the cashier, 
bechosenpres- ^gfore he cutcrs on the duties of his office, shall eive bond, 

ident; and tne . • r • i- i t ^ • 

cashier to give witii two surctics, to tlic satislaction Oi the directors, in a 
bonds. yyjj^ jjQ^ jggg thdiU ten thousand dollars, with conditions for 

the faithful discharge of the duties of his office. 
Directors of Fifth. No diicctor of any other bank shall be ehgible to 
other banks tlic officc of a dlrcctor of this bank, although he may be a 
tiiis "''^"^^^ "^ stockholder therein ; and any director, accepting any office 
in any other bank, shall be deemed to have vacated his place 
in this bank. 
Annual meet- Sixth. That for tlic wcll Ordering the affairs of the said 
dirmors' nTust coi'poration, a meeting of the stockholders shall be held at 
be chosen. such place as they shall direct, on the third -Monday next 
after the fourth Tuesday of May, annually, and at any oth- 
er time during the continuance of the said corporation, and 
at such place, as shall be appointed by the president and di- 
rectors, for the time being, by public notification thereof, by 
advertising the same in any newspaper printed in the coun- 
ty of Hancock\ or in the town of Portland^ three weeks at 
least before the time appointed for said meeting; at which 
said annual meeting, there shall be chosen, by ballot, seven 
directors, to continue in office during the year ensuing 
their election, and until another choice of directors shall be 

made. 



PENOBSCOT BANK. ^ 3/^/; c/^ H, An. 1806. 141 

made. And the number of votes to which each stock- 
holder shall be entitled, shall be according to the number 
of shares he shall hold in the following proportion ; tliat is 
to say, for one share, one vote ; and every two shares above 
one, shall j^ive a right to one vote more : Provided^ no one 
member shall have more than ten votes ; and absent mem- 
bers may vote by proxy, being authorized in writing. 

Sevcuih, No director shaltbe entitled to any emolument President to be 

. T , 1111 11 • compensated, 

for his services ; but the stockholders may make the presi- but .lirectors 
dent such compensation as to them shall appear reasonable. ^"^® '° lecdvc 

Eighth. Not less than four directors shall constitute a Board of direc- 
board for the transactipn of business, of which the presi- *''"• 
dent shall always be one, except in case of sickness or ne- 
cessary absence ; in which case the directors present may 
choose a chairman, for the time being, in his stead. 

Ninth. All bills issued from the bank aforesaid, and issuing of 
signed by the president, shall be binding on the corpora- ji'^j. ' ^ '™' 
tion ; but it shall not be lawful for them to issue any bills 
of a less denomination than Jive dollars^ to a greater 
amount than five per cent on their stock. 

Tenth. The directors shall make half j'early dividends Semi-amiuai 
of all the profits, rents, premiums, and interest of the bank madt!"'^^ '^ ^* 
^foresaid. 

Eleventh, The directors shall have power to appoint a officers of th? 
cashier, and such clerks, and other officers for carrying on p^med.^" ^^' 
the business of said bank, with such salaries as to them 
shall seem meet. 

Sect. 4. Be if further enacted. That the said bank shall Bant to be 
be established and kept in the town of Buckstown, in the t^J^n^ofother 
county of Haticock, or at such other place in said county, p'^ce in Hai\. 
as the stockholders at their first meeting shall determine. ''°''''°'"'^^" 

Sect. 5. Be it further enacted., That whenever the Le- Money to be 
gisiature shall require it, the said corporation shall loan to loaned the 
the Commonwealth any sum of money, not exceeding ten qiiled.''^ '°' 
thousand dollars, reimbursable at five annual instalments, 
or at any shorter period, at the election of the Common- 
wealth, with the annual payment of interest, at a rate not 
exceeding five per Centura per annum : Provided hozvever^ 
That the Commonwealth shall never, at any one time, 
stand indebted to said corporation, without their consent, 
for a larger sum than ten thousand dollars. 

Sect. 6. Be it further enacted. That any couimittee, committee o: 
specially appointed by the Legislature for the purpose, shall ^^^^ ^If^^^lnl' 
have a right to examine into the doings of the said corpo- books/&c. 
ration, and shall have free access to all their books and 

vault?.; 



142 PENOBSCOT BANK. March 14, An. 180^. 

vaults ; and if upon such examination it shall be found, and 
after a full hearing of the said corporation thereon, be de- 
termined by the Legislature, that the said corporation have 
exceeded the powers herein granted them, or failed to 
comply with any of the rules, restrictions, and conditions, 
in this act provided, their incorporation shall thereupon be 
declared forfeited and void. 
No discounts Sect. 7. Be it further enacted^ That no discount shall 
to be made till be made at said bank, until the directors and company 
tnlhatthefirrt ^^*^^^^^^^ ^'^ havc produced satisfactory evidence to the 
iRstairaent has Govcmor and Council, that the first mentioned seventy- 
een pai . ^^^ thouscmd dollar s of the capital stock has been paid in, 
and actually exists in gold, or silver, or other coined met- 
als, in their vaults. 
Premium to be Sect. 8. Be it further enacted^ That the said corpora- 
given to the tion shall be holden to pay a premium of fiftii dollars, to 

prosecutors of i in.. '^ ^. ->. 

counterfeiters, evcry pcrsou who shall prosecute to conviction, in any 

Court having jurisdiction thereof, any person or persons 

who shall counterfeit or alter the bills of said bank. 

Bills to be Sect. 9. Be it further enacted^ That all the bills or 

printed on ste- notes issued from said bank, shall be printed and made 

reotype p ates. jpj-^j^ stereotype platcs. 

How the first Sect. 10. Be it further enacted^ That the persons 
meeting may herein bcforc named, or any three of them, are authorized 
to call a meeting of the members and stockholders of said 
corporation, as soon as may be, at such time and place as 
they may see fit, by advertising the same in any paper in 
the town of Portland^ three weeks before said meeting, 
for the purpose of making, ordaining, and establishing, such 
bye-laws, ordinances, and regulations, for the orderl}'' con- 
ducting the affairs of the said corporation, as the stock- 
holders shall deem necessary, and for the choice of the 
first board of directors, and such other officers as they shall 
see fit to choose. 
Semi-annual Sect. 11. Be it further enacted^ That it shall be the 
statements to duty of the dircctoi's of the said bank, to transmit to the 
G^oJ^rnor^and Govcmor and Couucil of tliis Commonwealth, for the time 
Councu. being, once in six months at least, and as much oftener as 
they may require, accurate and just statements of the 
amount of the capital stock of said corporation, and of the 
debts due to the same, of the monies deposited therein, of 
the notes in circulation, and of the gold, silver, and other 
coined metals, and the bills of other banks on hand ; 
Avhich statement shall be signed by the directors, and at- 
tested by the cashier. 

Sect, 



STATE PRISON. March 14, An. 1806. 143 

Sect. 12. Be it further enacted. That this Com* 
monwealth shall have "a right, whenever the government J^'^/JVighuo 
thereof shall make provision by law, to subscribe and be- become imer- 
come interested in the capital stock of said bank, in a sum, ^,^^^ '^ '^^ 
not exceeding thirftf thousand dollars, in such way and 
manner, as the government may judge most for the honour 
and interest of the Commonwealth, subject to the rules, 
regulations, and provisions, to be by them made and estab- 
lished. 

Sect. 13. Be it further enacted. That the said cor- ^j^^ ^j^gi^j^, ^^ 
poration shall be liable to pay, to any bonajide holder, the mount of an 
original amount of any note of said bank, counterfeited or be pafd.*"" *° 
altered, in the course of its circulation, to a larger amount, 
notwithstanding such alteration. 

Sect. 14. Be it further enacted. That nothing con- g^j^,^ u^^^jg ^^^ 
tained in this act shall be construed to prevent the Legisla- be taxed. 
ture from taxing the said bank, at any time hereafter, when- 
ever they shall judge it expedient. 

Sect. \5. Be it further enacted. That one eighth 
part of the whole funds of said bank shall always be appro- Loans to be 
priated to loans to be made to citizens of this Common- E^en^elit ^of the 
wealth, and wherein the directors shall wholly and exclu- agrkuitufaUn- 
sively regard the agricultural interest ; which loans shall be ^^'^^'' 
made in sums, not more thanj*^:;^ hundred dollars, nor less 
than one hundred dollars, and upon the personal bond of 
the borrower, with collateral security by sufficient mort- 
gage of real estate, for a term, not less than one year, and 
on condition of paying the interest annually, on such loans, 
subject to such forfeiture, and right of redemption, as by 
law provided. 

[This act passed March 14, 1806.] 

An act providing for the regulation of the State Prison, in 

Charlestown. 

^ |1 E it enacted hij the Senate and House of 

J3 Bepresentatizes, in General Court as- 
sembled, and bif the uuthoritif of the -same. That criminals Convicts sen- 
convict, who liave been sentenced to confinement to hard J^^^^^^J '°o^''bt 
labour for terms not yet expired,*br who shall hereafter be confined in the 
sentenced to confinement to hard labour for life, or to sol- ^'"^p"'^'^ 
itary imprisonment, and also to confinement to hard labour, 
for any term, shall and may be imprisoned, restrained and 
employed in and within the precincts of the State Prison, 
situate in Charlestown, in the county of Middlesex. And 

the 



144' STATE PRISON. March 14, An. I8O6. 

the Supreme Judicial Court are hereby authorized and 
empowered, by warrant, under their seal, directed to 
such officer or officers as they may think proper, requir- 
ing them to remove such Convict or convicts as aforesaid, 
from any gaol in any county in this Commonwealth, 
to the State prison aforesaid ; and all officers, keepers of 
said Prison, and keepers of the several gaols in the Com- 
monwealth, are hereby required to do and perform all such 
duties and services, as may be set forth by such warrant ; 
and the accounts of said officers for performing said services, 
shall be liquidated and paid in such manner as the Gover- 
nor, with the advice of Council, shall direct : Provided, 
that the Justices of the Supreme Judicial Court, on any 
conviction before them, at their discretion, may direct any 
sentence of confinement to hard labour, being for a less 
term than one year, to be enforced, inflicted, and fulfilled 
in the prison of the county in v/hich such conviction may 
be Jiad. 

Sect. 2. Be it further enacted. That the keeper of 
rersoris coa- ^^\^ Piison shall rcccive all such persons, convicted before 
the Circuit the Circuit Court of the United States, at any term of said 
Court may be (Jq^j.^ jq \\-{y^ CommonweaUh, as may be sentenced bv said 

sent to the iii'i-' "r" 

State piison. Court to Confinement and hard labour, tor any term of 
time, and safely keep such convicts until they shall be dis- 
charged by due course of the laws of the United States. 

Sect. 3. Be it further enacted, That the Governor, by 

and with the advice and consent of the Council, shall have 

CouncTautho ^^i^hority to appoint and remove, at pleasure, a Physician, 

rized to appoint Chaplain, and Board of Visitors, an Agent or Superinten- 

officers, and es- (j^nt, aucl such othcr OfFiccrs, Assistants and Servants, as 

tablish rules, , ,, ^ i r- i c ^\ 

&c. &c. shall and may appear to be tit and necessar}^ tor the govern- 

ment, employment and regulation of said convicts ; and to 
establish their pa}^, and vest them with such authority and 
powers, as may be necessary to carry the design of this act 
into full effect ; and to make and establish such rules, 
regulations, and bye-laws, as may, in his opinion, with ad- 
vice aforesaid, be fit and proper fur the due management 
and government of said convicts ; provided the same be 
not repugnant to the constitution and laws of this Com- 
monwealth. And also, tlirough the agency of the officers 
aforesaid, to furnish and provide for said convicts, such 
food, fuel, cloathing, and ail matteVs and things, as shall or 
may, in his opinion, be necessary for the sustenance, em- 
ployment, accommodation, and security of -^jaid convicts; 
and to vend and dispose of all articles by them manuflic- 

tured ; 



STATE PRISON. March U, An. 1806. 14i 

tured ; and to cause a copy of the rules, regulations, and 
bye-laws, and a fair statement of all the accounts, expens- 
es, disbursements, aiid business of said prison, to be laid 
before the General Court, at their session holden first after 
the month of Deceml)er, annually. 

Sect. 4. Be it J'nrtlier enacted. That the Governor, ])y 
and with the advice and consent of the Council, be, and "^I'f Governor, 

, r • 1 1 1 • ' ' , wuli advice ot 

he IS hereby authorized to draw his warrant upon tiie council, to 
Treasurer of this Commonwealth, in favour of such Agent o[fl^e7ro'"ury 
or Superintendent^ as he may appoint as aforesaid, for such m favour of the 
sum or sums of money as he may deem fit and sufficient ^'it]^""^^"'^* 
for the several purposes mentioned in this act, not exceed- 
ing the sum of ten thousand dollars, the said agent or su- 
perintendent to be accountable for the expenditure of the 
same ; and the superintendent shall give a bond to the 
Commonwealth, in the sum of twentij thousand dollars, 
^yith sufficient surety, to be approved by the Governor, 
with advice of Council, and upon condition that said super- 
intendent shall do, observe, and perform all the duties in- 
cumbent on him as such agent or superintendent. 

Sect. 6. Be it further enacted^ Th3.t the Governor, by 
and with the advice of the Council, be, and he is hereby Military guard 
authorized, whenever he may deem it necessary and expe- nshecu'^ "'^^ 
dient, to raise and employ a military guard, for the safe 
keeping of the convicts, who are confined in the State 
prison ; said guard to consist of such officer or officers, and 
such a number of privates, as His Excellency shall deem 
requisite for the same. 

Sect. 6. Be it farther enacted. That if any keeper, or 
assistant keeper, in the State prison aforesaid, shall fraudu- Punishment of 
lently contrive, procure, aid, connive at, or otherwise vol- ^hair'^SisT a 
untarily suffer the escape of any convict therein commit- convict to si- 
ted, under sentence of confinement as aforesaid, such frau- ^^'^^ 
dulent keeper or assistant keeper, so offending, on due con- 
viction thereof, in the Supreme Judicial Court, shall, and 
may be punished, by solitary confinement, for a term, not 
exceeding one year, and by confinement to hard labour, 
for a term, not exceeding twenty years, at the discretion of 
the Justices of the said Court, before whom the conviction 
may be. 

Sect. 7. Be it further enacted. That if any keeper, or Penalty for any 
assistant keeper, eniploved as aforesaid, shall nedis'entlv '"^'^^.f'^^' ^':^^^ 
suffer any convict, committed and in custody as aforesaid, gemw allow » 
under a sentence of solitary imprisonment, to be at larsre ^""''=' ^^ ^^ 

., -ii • improperly a*- 

Without the cell or apartment assigned to such convict, or lar^e, or visu- 

T to^'''^'* 



U6 STATE PRISON. March 14, An. 1806. 

to be there visited, conversed with, comforted or reheved, 
contrary to the rules and regulations of said prison, and 
witiiout the leave or approbation of the visitors of the said 
prison, or some one of them, or shall negligently suffet 
such convict or any convict there committed, under sentence 
of confinement to hard labour, to be at large without the 
precincts of the said prison, Orcontrar}^ to the rules thereof, 
to be out of close confinement, every such keeper or as- 
sistant keeper, so neglecting his duty in the premises, be- 
ing thereof duly convicted in the Supreme Judicial Court, 
shall be punished by a fine not exceeding ^ve himdred doi- 
lars, and at the discretion of the said Court, may be adjudg- 
ed incapable of, and may be removed from any office or 
trust within the said prison. 

Sect. 8. Be it further enacted, T\\'^t\i2iny \iev?,o\i s\\2i\\ 
Punishment forcibly or fraudulently rescue, or attempt to rescue any 
any'ronvict%3-^'^"vi*^t from the custody of any officer, or other person, au- 
sisting him to tliorizcd or employed by any warrant of commitment as 
piytJg'h^J"^'' aforesaid, or from the said State prison ; or from any other 
■with tools to prison or 2,'aol where such convict may be kwfutly com- 

enablehimto -^.^ J 4. *. *. c r*. • • 

•scape. mitted, pursuant to any sentence oi solitary miprisonment 

or confinement to hard labour ; or shall convey to any 
convict in custody or committed as aforesaid, or into said 
State prison, or any other prison, any tool, instrument, 
weapon or other aid, with intent to enable such convict to 
escape, or to procure the escape of any convict, w'hether 
such escape be effected or not, every person so offending, 
being duly convicted thereof before the Supreme Judicial 
Court, shall and may be punished b}^ solitary imprisonment, 
not exceeding one year, and by confinement to hard la- 
bour, not exceeding ten years ; or, at the discretion of the 
said court, maybe punished with a fine, not exceeding /^Vc 
hundred dollars^ and by binding to the good behaviour for 
a term, not exceeding three j^ears, according to the nature 
and aggravation of the offence. 

Sect. 9- Be it further enacted^ That if any convict, 
pimishment of committed to tlic Said Statc prison under sentence of con- 
S, fol'Issaurt- fmement to hard labour during life, shall assault any in- 
ing a keeper, spcctor, kccpcr, Or assistaut kccpcr of the said prison, or 
frSmThTp^rfs- othcr pcrsoQ cmploycd in the government thereof, or shall 
on, or attempt- forcibly attempt to break from the said prison," every such 
ng escape, ^qj^^j^^j. g^ offending, upon due conviction before the Su- 
preme Judicial Court, shall and may be punished by whip- 
ping, to be inflicted within the precincts of the said prison, 
at one or more, not exceeding' three, distinct times, and not 

exceedin^r 



MILITIA. March U, An. 1806. U7 

exceeding thirty lashes at each time, and by solitary im- 
prisonment, not exceeding one year, and shall be after- 
\vards there holdenin custody upon such former sentence : 
and every person, being under confinement as aforesaid, 
who shall escape from said prison, shall, for every such of- 
fence, be further sentenced to solitary imprisonment for a 
term not exceeding twelve months. 

Sect. 10. Be it further enacted^ That if any convict, 
committed to said State prison, under sentence for a lim- ^n"i'cJi!i^*"tVo[ 
ited time, shall assault any inspector, keeper, assistant- a umi ted time, 
keeper, or other person employed in the direction or custo- ^at?t,'&c.^ ^^' 
dy of said State prison, or shall attempt by violence to es- 
cape therefrom, every such convict, so further offending, 
upon due conviction thereof before the Supreme Judicial 
Court, shall and may be punished by solitary imprison- 
ment, not exceeding one year, in addition to any former 
like sentence, or to precede the fulfilment of any former 
sentence to hard labour, as the case may be ; and at the 
discretion of the said Court may be further punished by 
confinement to hard labour, for a term, not exceeding ten 
years, to commence after such solitary imprisonment, or af- 
ter any former sentence shall be fulfilled, as the case may be. 

Sect. 11. Be it farther enacted^ That respecting all 
crimes and offences which may be committed in the State Re>pectir.^ any ' 
prison aforesaid, and the precincts thereof, the said prison sSn'risolT i* 
and precincts shall, in all judicial proceedings, be deemed to be consider- 
and taken to be as well within the county of Suffolk, as S^f ^,he ^coumy 
within the county oi Middlesex ; and the several sheriffs, of Suff«'k as of 
coroners, deputy sheriffs, and other civil officers, of the 
same counties respectively, shall have concurrent authority 
in said prison, and the precincts thereof, respecting all ' 

crimes and offences therein committed. 

[This act passed March 14, 1806.] 

An act in addition to an act entitled, " An act for regulat- 
ing and governing the militia of the Commonwealth 
of Massachusetts^ and for repealing all laws heretofore 
made for that purpose/' excepting an act entitled, " An 
act for establishing rules and articles for governing the 
troops stationed in the forts and garrisons within tiiis 
Commonwealth, and also the militia, when called into 
actual service." 

Sftt 1 Ti^ ^^ enacted hif the Senate and House of 
"^ " * * ij Representatives, in General Court assem- 
bled^ and hij the authority of the same. That it shall be 

the 



m 



14S MILITIA. March 14, An. 1806. 

Aciiutant-Gen- ^\^q (^{uty of the Acljutant-Gcneral of the militia of this 

amiuar'ienim Comiiionweaith, to make a return of the militia, with their 

*'*,?''i"/'"''*' i^'^tiis, accoutrements, and ammunition, to the President of 

aVms,'&c' to the Unifed Siates, annually, on or before the first Monday 

ihe Frciideni. jj^ January, in each year; and so far as respects the forms 

of the said returns, it shall be his duty to conform to such 

directions as he shall from time to time receive from the 

Secretary at War. 

Sect. 2. Be it further enacted., That every citizen, 
Fvery enrolled duly enrolled in the militia, shall be constantly provided 
citizen to be y^r\)^ amis, accoutremeuts, and ammunition, asfreeably to 

coustiifltly pro- , ' o </ 

videci with the directions of an act, which passed the twenty-second 
arms, etc. and j £ June, lu the year of our Lord, one thousand seven 

v'liat shall con- »' t J ' , 

stitute a notice hundred and nmety-three, for regulatmg and governmg 
of enrouiient. ^j.^^ militia of this Commonwealth, from and after the time 
when he shall be duly notified of his enrolment, and any 
notice or warning to the citizens so enrolled to attend a 
Company, Battalion or Regimental muster or training, 
shall be deemed a legal notice of his enrolment, and he 
shall be holden to attend accordingly. 

Sect. 3. Be it further enacted., That to each brig- 
auarter-Ma=:- ^^^' thcrc shall be ouc Quartcr-Mastcr of Brigade, who 
teisuf brigade-, shall bc appointed by the Brigadier-General, with the rank 
of?egimelu,"to <^^ Major ; and to each reginient, one Chaplain, who shall 
be appointed. ])e appointed by the Lieutenant-Colonel Commandant of 
the regiment ; and the Brigade-Quarter-Master and Chap- 
lains, being so appointed, shall be commissioned as such 
by the Governor. And the Quaiter-Master-General of 
tlie Commonwealth, shall have the rank of Brigadier-Gen- 
eral ; and the Comniander in Chief is hereby authorized to 
commission him accordingly. 

Sect. 4, Be it further enacted^ That it shall be lawful 
Sergeants or ^ ^^^ Lieuteuant-Colonel Commandant, or commanding 

clerks may ne i o 

reduced to the officcr of cach reguiient or corps, to reduce any Sergeant or 
ranks. Clerk of his regiment or corps to the ranks for disobedi- 

ence of orders, neglect of duty, or any unmiiitary conduct, 
by and with the^^advice of the Captain or commanding offi- 
cer of the company to which such non-commissioned offi- 
cer belongs, first giving notice thereof to the Sergeant or 
Clerk, as the case may be. 

Sect. 5. Be it further enacted. That it shall be the duty 

Cevtam blank of the Adjutant-General to furnish blank warrants for the 

warrants and Captaius of tile militia, to order their non-commissioned 

^eprovS. ° officers or privates to warn their soldiers to attend all the 

trainings and reviews, which shall be ordered ; likewise 

blank 



MILITIA. March 14, An. 1806. 149 

blank notifications for that purpose ; and that he prepare 
the shortest and most correct forms of such warrants and 
notilications, accordingly ; and it shall not be necessary 
that seals should be affixed to said warrants. 

Sect. 6. Be if further enacted^ That at all battalion and Penalties for 
reaimental reviews or musters, each non-commissioned offi- n'^g'ecting to 

o 1 • 1 1 1 I n -I attend any bat- 

cer and soldier, who, bemg duly warned, shall unnecessarily taiion, regi- 
neglect to appear at the time and place appointed, armed ^j^pany mus- 
and equipped according to the act described in the second ter, &c. 
section of this act, shall, in lieu of the fines now provided- 
by law, pay as a fine, for each default, the sum o^four dol- 
lars ; and at each company review or muster, for each de- 
fliult, the sum of two dollars^ to be recovered in the same 
manner as fines are made recoverable by the act described 
in the second section of this act as aforesaid. And each 
non-commissioned officer and soldier, belonging to any 
troop of Cavalry, company of Artillery, or Light-Infantry, 
or any other compan}' raised at large, who shall appear at 
any company, regimental, brigade, or any other muster or 
review, vvithout tlie uniform ciressof the company to which 
he belongs, when ordered thereto, shall pay a fine of two 
dollars for such neglect, to be recovered in the same man- 
ner as fines for non-appearance are recovered. 

Sect. 7. Be it further enacted^ That the clause in the justices who 
act described in the second section of this act, which pro- ^""^ qualified to 
vides that those who have received a commission to keep fices',"arJ^a!one 
the peace, and are qualified to act in that office, " shall be ^^,y'J'/'^j^'"™ 
exempted from doing military duty,^' in future shall be so ^^^^"^ ** ^' 
construed, as to exempt none but Justices, appointed to 
keep the peace, and qualified to act in that office. 

Sect. 8. Be it further enacted^ That whenever the a private may 
Captain, or commanding- officer of a company, shall think ^^^ ordered to 

, ,. 11 1 • 1 ■ warnameetine 

]3roper, he may dn-ect his orders to the privates therein, as of the compa- 
weil as the non-commissioned officers of such company, "^ • 
re(|uiring them to warn the same ; and if either of them 
so ordered, shall neglect to give the said notice or warn- 
ing, he shall pay the same fine, to be recovered in the same 
manner, as is provided for a similar otl'ence in the second 
section of the additional act, passed the fourth day of 
March, in the year of our Lord one thousand and eight hun- 
dred. 

Sect. 9. Be it further enacted^ That each Brigadier- Soidiers may 
General, or commanding officer of the brigade, shall be au- |vt„f '^omp?-'* 
thorized, upon application of the commanding officer of "'^"^ «'»^a''y> 
any troop of Cavalry, company of Artillery, or Light infan- jigJuTntamrV. 

try, '^ 



150 MILITIA. March 14, An. 1806. 

try, to discharge any non-commissioned officer or soldier, 

from any such troop of Cavahy, company of Artillery, or 

Light-Infantry, and after being so discharged, he shall be 

enrolled in the company of militia where he may reside, 

and such non-commissioned officer shall be considered as 

reduced to the ranks, 

Tourcompa. Sect. 10. Be it further enacted^ That in each brigade, 

»;3s of cavalry where four companies of Cavalry or Artillery have been, 

brSe^LrJ"to ^^ hereafter shall be established, they shall be formed into 

constitute a a battaliou, and shall be entitled to a Lieutenant-Colonel, 

''^"^^''^"'^^••and one Major. 

Sect. 11. Be it further enacted^ That in each divi- 
judge Advo- ^^^*^' ^ Judge- Advocate shall be recommended by the Ma- 
cates to be ap- jor-Geucral, and if approved by the Commander in Chief, 
pointed. commissioned by him ; whose duty it shall be to attend 

all Courts Martial within the division, whether ordered by 
the Commander in Chief, or the Major-General of the 
division, and they shall be commissioned with rank of 
Major. Provided nevertheless, it shall be in the power of 
the Commander in Chief, or the Major-General, to appoint 
a Judge- Advocate, pro tempore, to any particular Court 
Martial appointed to be holden, in case of inability of the 
Division-Judge- Advocate, or in case of any legal impedi- 
ment to his acting. 
FourAid-de- Sect. 12. Be it further <?;2acife^. That the Command- 
camps to the er in Chief shall be entitled to four Aid-de-Camps, who 
Chi^fto^be ap shall be appointed by himself, and commissioned with the 
pointed. rank of Lieutenant-Colonel. 

Sect. 13. Be ii further enacted. That it shall be the 
ajpoimed to^^ duty of au officcr, appointing a Court Martial, to appoint a 
attend Courts- Marshal to attend the same ; and every Court Martial du- 
- artia . j^ appointed, shall be authorized to preserve order during 

their session ; and if any person or persons, in presence of 
such Court Martial, shall behave in a disorderly manner, 
and create a tumult and disturbance to such Court Mar- 
tial ; and shall not, upon the request of the Marshal of 
such Court Martial, desist therefrom, it shall be lawful for 
the said Court Martial to confine such disorderly person or 
persons, for a space of time not exceeding eight hours, un- 
less said Court Martial shall sooner adjourn or be dissolved. 
[This act passed INIarch 14, 1S06.] 



Ah 



IIARV. COL. LOTTERY. March 14, An. 1806. 151 

An act for raising the sum of Thirty Thousand Dollars., for 
the use of the University at Camhrkh^e. 

WHEREAS the Corporation of Harvard College have 
roi)resentetl to this Court, that the proceeds of the Preambu. 
lottery, granted for the use of the University, by an act 
passed June 14, 1794, were insufficient for the purpose in- 
tended, and that great and expensive repairs have become 
necessary to be made on Massachusetts Hall., for which 
they have not funds to provide : 

Sect. 1. JMi it enacted' hy the Senate and House of 
Representatives^ in General Court assembled., and hij the ^ 
anthoritij of the same., That the sum of thirttj thousand io'^ems^d^hf 
dollars be raised by lottery, for the purpose of replacing to lottery. 
the funds of said University, the sum taken therefrom, for 
erecting the new building, called Stoughtou Hall., and for 
the purpose of repairing Massachusetts Hall, or erecting a 
new building on its scite, if in the opinion of the corpora- 
tion it should appear most advisable to erect such new 
building, rather than to make the repairs abovementioned. 

Sect. 2. Be it further enacted. That the President 
and Fellows of said University be, and hereby are authoriz- appoEd by ^ 
ed and empowered to appoint three or more managers of ^'^^j'^''^^'^' J"J 
said lottery, at their discretion, who shall be sworn to the University. 
faithful performance of their trust, and shall give such secu- 
rity as the said President and Fellows shall require, for the 
faithful performance of their duty, and the payment of the 
proceeds of said lottery, to the Treasury of said University, 
deducting all necessary expenses of management, and such 
compensation for their services, as the said President and 
Fellows shall agree to allow. 

Sect. 3. Be it further enacted, That the managers of 
.^aid lottery, to be appointed as aforesaid, shall be empow- ^'^® managers 

1 ^ •" .1 r -111 r. • , to publish 

cred to raise the sum aforesaid, by lottery as aforesaid, un- schemes, &c. 
der the direction of the said President and Fellows, in one 
or more classes ; and they shall publish schemes of the 
several classes in said lottery, in such public newspapers, 
as they shall think proper ; and all prizes, which may be 
drawn in said lottery, shall be paid according to the terms 
and conditions of such scheme or schemes, which may be 
published as aforesaid : and all prizes not denjianded with- 
in the time stipulated in the scheme or schemes, to be 
published, shall, together with the nett proceeds of said 
IcMitery, be appropriated to the purpo.ses aforesaid. 
[This act passed March 14, 1800'.] 

Aa 



162 COURTS. March 14, An. 1806. 

All act in addition to an act, entitled " An act for enlarg- 
ing the jurisdiction of the Courts of Common Pleas, and 
other purposes." 

BE if enacted hij the Senate and House of Represent 
tatives, in General Court uasembled^ and by the 
authority of the same, That vv henever there shall be a 
vacancy in the office of Chief Justice of the Court of Com- 
mon Pleas, in any county where a Chief Justice has before 
been appointed, pursuant to an act, entitled, " An act for 
enlarging the jurisdiction of the Courts of Common Pleas, 
and other purposes," such vacancy shall be filled up by the 
appointment of a Chief Justice of said Court, who shall have 
all the powers and authority necessary and incident to that 
office, with all the perquisites thereof, any thing in said act 
to the contrary notwithstanding. 

[This act passed March 14, 1806.] 

An act to alter the names of certain persons therein men- 
tioned. 
BE it enacted by the Senate and House of Represent 
tatives, in General Court assembled, and by the 
authority of the same-, That from and after the pass- 
ing of this act, John O'Neil, jun. of Madison, in the 
county of Kennebec, shall be allowed to take the name 
of John Neil ; James O'Neil, of said Madison, shall 
be allowed to take the name of James Neil ; Samuel 
O'Neil, of Noridgezvalh:, in said county, shall be allowed 
to take the name of Samuel Neil ; Benjamin Pickman, son 
of the Hon. Benjamin Pickman, jun. of Salem, in the 
county of Essex, shall be allowed to take the name of 
Benjamin Toppan Pickman ; Stephen Webb, son of Ste- 
phen Webb, of said Salem, shall be allowed to take the 
name of Stephen Palfrey Webb ; WlUiam Richardson, of 
said Salem, shall be allowed to take the name of AYilliam 
Putnam Richardson ; James Griffin, of said Salem, shall 
be allowed to take the name of Jonathan Griffin ; John 
Edmands, the third, o{ Charlestown, in the county of Mid- 
dlesex, shall be allowed to take the name of John Davis 
Edmands ; Samuel Coolidge, of Boston, in the county of 
Stiff oik, shall be allowed to take the name of Samuel Fred- 
erick Coolidge ; Andrew Campbell Moses, of said Boston, 
shall be allowed to take the name of Andrew Campbell 
Jones ; Benjamin Homer, of said Boston, shall be allowed 
to take the name of Benjamin Parrot Homer ; William 

Hunt. 



CONCORD ACADEMY. March 14, An. 1806. 15: 

Hunt, of said Bosion., shall be allowed to take the name of 
Wilham Chamberlain Hunt ; Job Prince, of said Boston^ 
shall be allowed to take the name of Thomas J. Prince ; 
Judith Parsons, daughter of Theophilus Parsons, of said 
Boston, Esqr. shall be allowed to take the name of Mary 
Judith Parsons; John Winslow, jun. of said Bostoji, shall 
be allowed to take the name of John D. Winslow ; Joseph 
Neals How, of said Boston, shall be allowed to take the 
name of Joseph Neals Howe ; Thomas Wales, of said iBay- 
ion, shall be allowed to take the name of Thomas B. 
Wales ; Francis Thayer, of Braintree, in the county of 
Notifolk, shall be allowed to take the name of Ebcnezer 
Francis Thayer ; Obed Broadbrooks, of Harwich, in the 
county of Barnstable, shall be allowed to take the name 
of Obed Brooks ; Ebenezer Broadbrooks, of said Harwich, 
shall be allowed to take the name of Ebenezer Brooks ; and 
the minor children of said Ebenezer Broadbrooks, to wit, 
Asenath, Jameson, Lucy, Ebenezer, Seth, and Sabra, shall 
respectively take the surname of Brooks, instead of Broad- 
brooks ; and John Green, of Eastport, in the county of 
Washington., &hall be allowed to take the name of John Le 
Baron Green ; and each of the persons before tiamed shall, 
in future, be respectively known and called by the names 
they are severally allowed to take as aforesaid, and the 
same shall be considered as their only proper names, to all 
intents and purposes. 

[This act passed March 14, 1806.] 



An act to establish an Academy at Concord, in the county 

of Middlesex. 

o W ^ ^^ enacted by the Senate and House of 

3-3 Representatives, in General Court as- 
sembled, and by the authority of the same. That an acad- 
emy, exclusively for the instruction of females, in learning, tabLS ^ 
virtue, and religion, be, and hereby is established at Con- 
cord, in the countv of Middlesex, bv the name of The 
Middlesex Female Academif. 

Sect. 2. Be it farther enacted. That the Hon. Timo- 
thy Bigelow, of Groton, Rev. Moses Adams, of Acton, ^'^^t trustee:; 
Rev. Charles Stearnes, of Lincoln, Hon. Artemas Ward, fundumit^."^ 
and Joseph Hurd, Esqrs. of Charlestoicn, Rev. William 
Emerson, of Boston, Rev. Ezra Ripley, Doct. Isaac Hurd, 
Tilly Merrick, Esqr. Deacon John White, Mr. Jonas Lee. 
Lieut. Charles Hammond, and Thomas Hcald, Esqr. of 
U Concord. 



154 CONCORD ACADEMY. March 14, An. 1806. 

Concord^ be, and hereby are constituted a body corporate, 
by the name of The Trustees of the Middlesex Female 
Academif ; and they and their successors shall continue a 
corporation by that name forever, with power to have a 
common seal, to contract, to sue or be sued, and prosecute 
or defend suits, by their agent or agents, appointed for that 
purpose ; to take, hold, and improve any estate, real or per- 
sonal, and the same to lease, exchange, or sell and convey, 
for the benefit of the said academy, by deed or deeds, duly 
executed by their Treasurer, or other officer or agent, be- 
ing thereunto authorized by the said corporation : Provid- 
ed, That the annual income of the whole estate of the said 
corporation, shall not exceed^*i;e thousand dollars. 

Sect. 3. Be it further enacted, That the said trustees 
Clerk, ireasnr- shall have power, fpom time to time, to appoint a Clerk, 
offices tote "^"^ who shall be under oath, and a Treasurer, who shall give 
appointed. bond for the faithful discharge of his trust, and such other 
officers, and such instructors and governors of the said 
academy, as the trustees may judge needful and proper, and 
also to determine the times and places of their meetings, 
the mode of warning the same, of electing officers and trus- 
tees, and of transacting all other business ; and to ordain 
necessary and reasonable orders, regulations, and bye-laws, 
for the instruction and government of the said academy, 
not repugnant to the constitution and laws of this 
Commonwealth. 

Sect. 4. Be it further enacted, That whenever any of 

elected ^to° fill the Said trustecs shall die, or resign, or by age, inffimity, or 

vacancies. Otherwise, become incapable of discharging the said trust, 

in the judgment of the major part of the said trustees, the 

survivors may fill such vacanc}'', by electing a successor. 

Sect. 5. Be it further enacted, That the number of the 

trusTee" iL it- Said trustecs shall not, at any one time, be more than fif- 

*^ teen, nor less than nine ; eight of whom shall constitute a 

quorum for the transaction of business ; and all questions 

shall be decided by the votes of a major part Of the trustees 

present ; and in case of an equal division, by the casting 

vote of the presiding trustee. 

Sect. 6. Be it further enacted. That the llev. Ezra 
"' Ripley, be, and he hereby is authorized to appoint the time 
and place, and purposes of the first meeting of the said 
trustees, and. give them notice thereof. 

[This act paescd March 14, 1S06.J 



I N D E ^.£^.^'^'^^~ 



ACTS and Resolves, hozo to be proved, 
Amoskeag Lottery, 

B 

Bridge, Dartmouth, 

, South-river, Salem, 

-, Eastern-river, Dresden, 

' , Acoaxet-river, Westport, 

Bank, Merrimack and Newburyport, 

, Nantucket, 

Batiks, authorized to issue small bills. 
Bank, Berkshire, 

, Nantucket, 

Banks, returns directed. 

Bank, Penobscot, 

Bethel Baptist Society, 

Bristol Congregational Society, 

Boston Board of Health, 

Bethel, west parish, proceedings rendered valid. 

Burglar If, S^c. an act providing a punishment therefor, 12! 



43 
132 



6S 

65 

82 

6 

7 

31 

48 

67 

137 

13B 

26 

27 

35 
100 



Cotton Manufactory, at Rehoboth, 

Court of Sessions, Hampshire, 

Courts of Common Pleas and Sessions, in Essex, 

----—----—---———————— , in Cumberland, 

Court of Sessions, Essex, 

Court of Co?nmon Pleas and Sessions, York, 

■ - ' ' , Berkshire, 

Crackers, Squibs, S;c. S^c, 

Coroners, their duty. 

Courts of Common Pleas and Sessiofis, No? folk, 

Convicts, poor, to be liberated, 

Charlestown Charity Fund, 

Cambridgeport Aqueduct, 

Courts of Probate, Middlesex^ 



5 
6 

19 

22 
43 

44 
64 
66 
77 
79 
80 
81 
86 
99 



INDEX. 

Courts of Common Pleas and Sessions, Cumberland, 100 

Cincinnati^ of Massachusetts, incorporated, 122 

Courts of Common Pleas, 132 

Douglas Congregational Societf/y 60 

Dai/'s Academy, \^5 

E 

Enginemen, 98 

F 

Fitchburgh Cahinistic Society, 3 

Florida incorporated, 20 

Fishery in Ipsivich-river, 37 

in Cobbossee Contee-river^ 43 

' at Acton, 47 

— '— in Parker-river and F alls-river ^ 92 

in Mystic-river and JEell-pond, 102 

— at Hingham, 109 

Front-street Corporation, 110 

G 

Goodenough, Elijah, and others, set off from the frst 

precinct in Boylston, 45 
Goods of debtors, certain, exempted from attachment, 119 

I 

Insurance Company, Nezoburijport Marine, 42 

, Massacliusetts Fire, 56 

Intestate Estates, 106 

Jurors and Witnesses, 73 

L 

Jjittle Harbour Corporation, 9 

lee, an act in addition to the act of incorporation, 70 

Laiivs, divers, repealed, 104 

M 

Meeting-house, in Federal-street, Boston, proprietors 

incorporated, 23 

Makepeace, Royal, and others, incorporated to build a 

meeting-house, 3^ 

Marriage and divorce, 68 

Mansfield, Isaac, coroner, 74 



INDEX. 

Massachusetts Mechanic Associatiotiy 91 

Militia, 14-7 

Middlesex Female Academy, 153 

N 

Nex&ry incorporated, \Q 

Names altered, 95 

Northboroiigh, part of, set off, 40 

North-Yarmouth School Fund, 62 

, new parish incorporated, 66 

Names altered, 1 52 

O 

Oxford County, an act in addition to the act of incor^ 

poration, 8 

Orono incorporated, ' 111 

P 

Parker, William , annexed to the third parish in Reading, 1 6 
Phillips, Seth, and Jahez Ward, set off from Gerry, 65 

Public debt, 71 

Portland, Episcopal Church, 72 

Plumb-island, an additional act respecting, 93 
Page, Samuel, and others, annexed to the north parish 

in Danvers, 95 

Pond-street Corporation, 105 

R 

Registry of Deeds, Berkshire, 47 

, Oxford, 54 

Reporter of decisions in the Supreme Court, ' 96 

Rape, an act for the punishment thereof 116 

S 
South Boston Association, 13 
State Prison, Governor authorized to provide regula- 
tions, 29 
Social Libraries, 84 
Springfield Ministerial Fund, 88 
Salem Baptist Society, 112 
Stage Plays, 117 
Sheriffs' Bonds, 118 
Schoodick Sluice Ways, 129 x 
Siate Prison, 143 



INDEX. 

T 

Titrnpike^ Middlesex^ 17 

, Andover and Medford^ 19 

, Worcester and Fitzwilliam^ 21 

' ■ ) Union, 21 

, Ashbij, 38 

, Norton, 39 

, Worcester and Stafford, 40 

, Plumb-island, 46 

, Fourteenth Massachusetts , 66 

, Housetonic-river, 69 

, Worcester, 78 

, Alford atid Egremonf, ' 115 

, Essex, 124 

, Lancaster and 'Bolton, 124 

, Norfolk and Bristol, 126 

, Wrentham and Walpole, 133 

, Secojid Brush-hill, 1 34 

Thomaston, north parish, 101 

U 

Universalist Society in Boston, 96 

University Lottery, 151 

W 

Washington Mines, 36 

Writs of Error, 42 
Williamstoivn meeting-house, jyroprietors incorporated, 94 

Winthrop Congregational Society, '73 

Witnesses and Juro?'s, 73 

West-Boston Society incorporated, 74 

Warren Schools, 114 



LAWS 

OF THE 

Commontoealtf) of iH;a00acf)Ufiett0. 

PASSED AT 

SEVERAL SESSIONS 

OF TH£ 

GENERAL COURT, 

HOLDEN IN BOSTON* 



^UBLiSHED AGREEABLY TO A RESOLVE PASSED IN JANtJARYi 

1808, 



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JSOSTON: 
PRINTED BY ADAMS AND RHOADES> 

fJilN7£IlS TO THE STAT£. 

J 8087 



LAWS •"-'-^•- 



.TA) 



MASSED AT THE SESSION COMMENCED ON THE iweqWo, 

TWENTY-EIGHTH OF MAY, 1806. ■'r-^b oijJ anv.nb . 

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^o3 ^-.-;i».l-•',<:i-.1 



PATFJELD BRIDGE. June 19, An. 180& 

CHAPTER I. , . ;,,^^ : ;ndi 

An ad authorizing a Lottery, for the the ptirpofenoFcotiq^ 
plating Hatfield Bridge. ; •• 

Sect. 1. JjE it enacted by the Senate and Hotife of Rep- 
refentatives^ in General Court ajfembled, and by the' autharityi^-.o-\ ebno.1 ' 3'^ 
the fame^ That the fum of ten thoufand doUars.be raifed by sum-to befaif 
a Lottery, for the purpofe of completing Hatfield Bridge, , .>.i>p- 
in the county of Hampfliir^, .in confideration of the many 
and fingular lofl'es, by the proprietors tliereof fufl:ained :; i 

and that Samuel Porter, EHjah Dickinfon, Ifaac Abercrom- Managen. 
bie, Samuel F. Dickinfon, Efquires, and Dr. John Haftings,.'cJti> 'nsasn** 
be, and they hereby are appointed managers of laid lottery ; 
whofe bufinefs it fliall be, from time to time, to make and 
pubhfh fuch fcheme or fchemes, as Ihall, in their opinion, 
beft promote the purpofes of faid lottery ; and to draw faid 
lottery, and to tranfacl all other bufinefs pertaining thereto. 

Sect. 2. Be it further enacted^ That faid .managers, 
before entering on the duties of their faid office, fliall givfe Managerstogi 
feparate bonds, with fulficient fureties, to the proprietors °" ^ 
of faid bridge, to be lodged with the treafurer thereof, ih 
the fum of fix thoufand dollars each, conditioned each one 
to l)e anfwerable for his own defaults, faithfully to perform 
the duties of his faid office ; and alfo to .refund all monies 
by them feverally received for tickets, provided any clafs 
in faid lottery fliall not be drawn within fix montiis after ''"^^^'''" 
the time appointed and advertifed for that purpofe ; and 
alfo to pay into the treafury of faid proprietors from time 
to time, the nett proceeds arifing from faid lottery; and 
faid bonds fliall feverally remain in the treafury of faid pro- 
prietors, for and during the term of one whole year after 
all the clafles in faid lottery fliall be drawn and completed, 
that all perfons aggrieved by the doings of faid managers, 
may have, the benefit thereof. And faid managers, befone 

entering 



HATFIELD BRIDGE. June 19, An. 1806. 

r-to be under entering on the duties of their fai<J office, fliali be under 
" ■ oath faithfully to perform the fame. 

$£CT. S. B^ it further enacted^ That the prizes in faid 
"Sy dayfa? ^ottcry ftiall be paid by the managers, in thirty days after 
r the drawing the drawing of any clafs therein fhall be completed. And 
completed. ^ prizcs, not demanded in one year next thereafter, ihall 
be confidered as generoufly given for the purposes for 
which this lottery was granted. And the faid managers 
are hereby direded, from time to time, as any clafs in faid 
lottery may be drawn, to pay into the rreafury of faid pro- 
prietors the nett proceeds thereof, after deducting a rea- 
fonable allowance for their fervices and expenfes. Which 
nett proceeds fhall be faithluUy applied for the purpofe of 
finifhing and completing the aforefaid bridge. And tho 
proprietors of faid bridge, before any proceedings fhall be 
^ , ' had under this ail, fhall ffive bond with fufficient fureties, 
ve bonds for wi luch ium as the Governor, with advice or Council, Ihall 
^afio^^'^of T ^''^'^5 ^^ ^^^ Commonwealth, conditioned, that the faid 
;tt proceeds. * nett proceeds of faid lottery fhall be faithfully applied far 
the purpofe of completing faid bridge, and alfo for the ac- 
tual completion of the fame. 

Sect. 4. j5^/Vy«r/>6^r^«^f/ffi?, That faid managers fhall, 
lanagew* duty, from time to time, publifh, in one or more of the public 
newfpapers printed in this Commonwealth, the fcheme of 
each clafs refpedively, the time and places, feverally, of 
drawing the fame, and alfo lifls of prizes. They fiiall, al- 
fo, after the bufinef* of faid lottery is completed, lay an ex- 
.ad: account of their doings therein, with the amount of 
tickets fold in each clafs, the expenfe and nett proceeds 
thereof, before the Governor and Council, for their exam., 
ination and approbation ; and they fhall be feverally holden, 
by their faid bonds, until their faid accounts fhall be fo ex^ 
amined and approved. 

Sect. 5. Be it further enacted^ That it fhall be the du- 
ty of faid managers, to prevent, as far as in their power, 
the felling of any fraftional parts of tickets ; and if any 
TpTmonWcm Perfon fhall fell any fradional part of a ticket in faid lottery 
ot to be adv^n- for an advanced price, the perfon purchafmg fuch fra6lion- 
^^' al part may recover back the whole fum, which fhall ap- 

pear to have been paid therefor, in an aftion for money 
had and received to his ufe. 

Sect. 6. Be it further enabled. That by the non-accept- 
ance, refignation or death of any of faid managers, fuch 
vacancy or vacancies fhall be fupplied by faid proprietors 
at a meeting to be called fpecialiy for that purpofe. 

Sect. 



LICENSES.— SPRINGFIELD LANDS. June 19, An. 1806. 

Sect. 7. Be it further enacted. That this aft (hall con- 
tinue in force for the term of two years, from and after 
the palling of the fame, and no longer. 

[This act palfed Ju?ie 19, 1806.] 



CHAP, IL 

An act to authorize the Court of General Seffions of the 
Peace, for the county of EfTex, to grant licenfes to inn- 
holders and retailers in a certain cafe not provided for by 
law, 

Jt)E it ennSled by the Senate and Houfe of Repre* 
fentatives^ in General Court ajfembled^ and by the authority of the 
fame. That the Court of General Seflions of the Peace, for 
the county of EfTex, at their feilion,to be holden by adjourn- 
ment at Ipfwich, in faid county, on the fourth Tuefday of 
June, of this prefent year, one thoufand eight hundred and 
fix, be, and hereby are empowered and authorized to grant 
licenfes to fuch perfons as may b€ duly approbated for inn- 
holders or retailers agreeably to law, which licenfes fliall 
continue and be in force until the fecond Tuefday of Ofto- 
ber, in the year of our Lord one thoufand eight hundred 
and feven, any law ufage, or cuftom, to the contrary not- 
withflanding. 

[This aft paired June 19, 1806.] 



CHAP. III. 

An a<5l in addition to an aft, entitled " an aft for incorporat- 
ing certain interval Lands, belonging to certain inhabit- 
ants of Springfield and Weft-Springfield, lying on the weft 
fide ofConnefticut river, and on both lidesAgawam river, 
into a comimon field ;" pafl'ed on the twenty-feventh day 
of June, in the year of our Lord one thoufand feven hun- 
dred and eighty-two. 

r)E // enacted by the Senate and Houfe of Repre- 
fentatives, in Ge?ieral Court ajfembled, and by the authority of 
the fame. That the line of laid common field be fo varied, 
as to exclude from, faid common field the land lying north- Boundariep 
wardly of the road from Springfield Bridge, on the weft fide 
of Connefticut River, to Agawam Bridge ; and that the line 
of faid common field begin on the weft fide of Connefticut 

River, 



► PERU.— JUSTICES' SALARIES. J^/wd- 20, An. 1806. 

River, on the fouth fide of faid Springfield Bridge, thence 
running weftwardly, the fouth fide of the new county road, 
till it llrikes the old county road, thence the fouth fide of 
faid old road, as lately altered by a county committee, to 
the northeall corner of Aribet Leonard's land, near Agawam 
Bridge, thence by the line of faid field, as defcribed in the 
■ptovL/b. act to which this is in addition ; Provided that nothing in 
this ad fliall be fo conftrued as tg affed the rights of the 
towns of Springfield or Wefl-Springfield, to the taxation of 
the lands hereby excluded from faid common field. 
[This act pafied Jz^n^ 19, 1806.] 



CHAR IV, 

An ad to change the name of the town of Partridgefield, 
in the county of Berklhire. 

JdE it enacted by the Senate and Houfe of Repre- 
jentatives, in General Court ajjemhled^ and by the authority of 
the fame ^ That from and after the date of this ad, the name 
of the faid town of Partridgefield fhall ceafe, and the faid 
town fhall be henceforth called and known by the name of 
Peru, any law to the contrary notwithftanding. 
[This ad palTed June 19, 1806.] 



CHAP, y. 

An ad eflablifliing the Salaries of the Juflices of the Su? 
prerae Judicial Court. 

Whereas, the Conftitution requires that per- 
presmble. manent and honorable Salaries Ihould be eftablifiied by law, 
for the Juflices of the Supreme Judicial Court of this Com- 
monwealth :— 

Sect. 1. BE it enacted by the Senate and Houfe of R-ep- 
refentatives, in General Court affembled^ and by the authority 
of the fame. That from and after the firft day of January 
next, the Salary of the Chief Juflice of faid Supreme Judi- 
RaiarJei eflab- cial Court fhall be the fum of two thoufand five hundred dol- 
lars, and of the other Juflices thereof, the fum of two thou- 
fand four hundred dollars, rcfpedively, for every year during 
their continuance in office ; and faid Salaries fhall be paid 
to faid Juflices quarterly, out of the Trcafury of this Com- 
monwealth s 



!>RISON-PaiNT DAM COR. June 21, An. ISOCT. 7 

monwealth ; the firft quarter commencing with faid firft 
day of January aforefaid. 

Sect. 2. Be it further enacted. That from and after the 
firll day of January aforefaid, all laws heretofore made, ef- ^^''^ rep«al«fr 
tablifliing the Salaries of the Juftices aforefaid, be, and they 
are hereby repealed. 

[This aft paffed Jtme 20, 1806.] 



CHAP. VI. 

An a6l to incorporate Samuel H. Flagg and others, by the 
name of the Proprietors of Prifon-Point Dam Corpora- 
tion. 

Sect. 1. IjE it enacted by the Senate andHoufe of Repre^ 
fentatives, in General Court ajfemhlcd, and by the authority of Proprietors ia* 
the fame. That Samuel H. Flagg, and all others, who have, corporated.. 
or fhall hereafter become interefted with him, in the enter- 
prize of building aDam from Prifon-Point, in Charleftown, 
to Lcchmere's-Point, in Cambridge, and eredling Mills on 
the fame, be, and they hereby are incorporated and made | 

a body politic, by the name of The Proprietors of Prifon- 
Point Dam Corporation ; and by that name may fue and 
be fued, profecute and be profecuted to final judgment and 
execution ; and the faid corporation may make and eftab- 
lifh fuch rules and regulations as Ihall be neceflary or con- 
venient for the government of faid corporation, and effect- 
ing the purpofes hereinafter mentioned ; Provided the fame 
are not repugnant to the laws of this Commonwealth. 

Sect. 2. Be it further enacted. That the faid proprietors p . 
be, and they are hereby authorized and empowered to build buUdTdam, ' 
and make a Dam, not exceeding fixty nor lefs than fifty 
feet wide, from the wharf of this Commonwealth, at Prifon- 
Point, aforefaid, to Lechmere's-Point, aforefaid, and ered 
water mills in fuch number, and of fuch defcriptions, and 
for fuch purpofes as they fhall find mofl for their interefl ; 
and maintain and keep up the fame forever : Pi'ovided nev- Provifa. 
erthelefs, that the corporation fhall always keep in good re- 
pair one or more grill: mills on faid dam or waters, and the 
faid dam fliall be fenced with fuitable railing at the fides 
thereof, and well lighted with lamps, at the diftance of not ^amto beraiM 
more than one hundred and fifty feet from each other, and ^""^ ^''^^''^' 
that nothing in this act fiiall be fo conftrued as to prevent 
any perfon or corporation, who fliall be injured in his, her 
Qr their property, by the erecting of faid dam, from main- 



tammg 



i 



|8 iPRtSON.POINt DAM COR. June 21, An. um. 

taining an action againft faid corporation, to recover a com- 
' penfation for any damages which he, {he or they may fuf* 

tain by means of faid d im. 
' Sect. 3. Be it further enacted. That the faid pr'opFietors 

i ^akTa ^d" & ^^^^^^ ^^ holdeii to^ make in faid dam one lock of twenty- 
wharf, feven feet wide in the clear, and of fufficient width for vef* 
fels of t'.vo hundred tons burthen to pafs and repafs through 
the fime ; and there jiliall alfo be erefted a wharf above and 
below faid dam, adjoining laid locks ; and that nve cents a 
ton {l^all be allowed and paid by the faid corporation, for 
deteiition of all fea veffels of more than forty tons burthen, 
which fhall pafs with freight through faid locks either way ; 
but no confideration fhall be paid for velfels without freight ; 
which lock fhall be in that part of the channel between the 
faid points, in which there is the greateft depth of water,- 
and where it will be moil convenient for veffels to pafs and 
repafs ; and whenever they are requefted by any perfon or* 
perfons, who wifh to pafs with his or their veiTel or veffels, 
, ihall open faid lock, at any time when there is fufficient wa- 
ter for faid veffel or boat to pafs the lock ; and in cafe faid 
proprietors fhall unreafonably negled or refufe to open faid 
lock, as aforefaidj they fliall forfeit and pay to the perfon 
< or perfons fo requeiling the fame to be opened, double the 
amount of the damage, which fuch perfon or perfons fhall 
ii-iflain, by means of faid proprietors neglecting and re-^ 
fufing to open faid lock, as aforefaid. 
To build and Sect. 4 Be it furi her enacted, Tlvdi t\iQ {-lid ^xo^TiQiors 
W '^ "^vf^'Jfe^ ^^^^^ ^^ holden to build and make, and keep in repair, for- 
of the proprie- evcr, for the accommodation of the proprietors of the Mid-^ 
tors of Middle- dlcfcx Canal, a lock, with all the accommodations for the 
paffinq; and repaffing of boats and rafts which are embraced 
by the lock built by the proprietors of faid canal, at their 
mills in faid Charleftown, which lock fliall forever be fubjecl^ 
to the control and management of the proprietors of laid 
canal ; and in cafe the faid proprietors of Prifon-point Cor- 
poration fhall unreafonably neglect or refufe to build, make 
and keep in repair a lock of the defcription aforefaid, in the 
dam aforefaid, for the accommodation of the proprietors 
of faid canal, it fhall be lawful for the fame proprietors to 
build, make and keep in repair fuch lock, and fue for and 
recover of the proprietors firil mentioned, double the 
amount of the expenfes neceffarily incurred in making faid 
Provifo, lock, and keeping the fame in repair : Proi}idcd akvays, that 
the Commonwealth referve the right to alter this fedion in 
fuch manner as the public good may require. > 

Sect. 



PRISON.POINT DAM COR. JuneQl, An, I8^0f}^ . 

Sect- 5. Be it further cnadcd. That the proprietors of 
the faid Prifon-Point Dam ihall be holden to ere6l for the 
proprietors of the MiddlefexCanal,belp\y the Pam aforefaid, 
mills equal in power and value with t|ipfe Jjifaid Charlef- proprietor! t< 
town, now owned by the proprietors of faid canal, of f\ich eredtamiU. 
defcription and in fuch (ituation as, in the judgment of the 
directors of faid canal corporation, fliall bell accommodate 
the proprietors of faid canal : Provided, the proprietors of provlfo. 
iaid canal make no demand upon the proprietory of faid 
dam, for the injury which may be done to the mills afore- 
faid, which they now own in faid Charleftowji, by means of 
erecting the dam aforefaid. 

SiiCi". 6. Be it further e.naded^ That the proprietors o£ 
faid dam, in erecting the fame, and in building the lock afore- 
faid, Ihall not unneceffarily impede or inturrupt the naviga- 
tion of faici canal, and if the proprietors aforefaid erecl faid 
dam before they Ihall have completed the locks of the de- 
fcriptign aforefaid, and thereby obftrud; the navigatiori ojt 
faid canal, it fliall be lawful for the proprietors of faid. C3.n'a^l 
to open a pafl'age way through faid dam, of fuch fize as the 
navigation of faid canal may require. 

Sect. 7. Be it further enabled. That the proprietors .of 
faid canal fhall have a right to fecure their boats and veffels, 
employed in doing bufmefs in faid canal, and rafts paiTingoit 
the fame, by making them faft to the dam aforefaid, and by 
mooring them within or without faid dam, and in order to 
facilitate the pafling and repaffing through faid dam, with 
veffels, boats and rafts, it fhall be lawful for the proprietors 
of faid canal to erect one wharf within, and one without proprietors c 
faid dam. And the proprietors of faid canal Ihall have a Middiefex C: 
right to require, on reafonable notice to the proprietors of wharfOT c*c 
faid dam, that the waters which may be above faid dam fidethedam. 
fhall be drawn off for a reiifonable time, fo that the proprie- 
tors of faid canal may fecure any goods or timber which 
may be funk by accident, or repairing the locks in faid dajn 
and canal : Provided however^ the Middiefex Canal Corpora- Provifo. 
tion ftiall fo fecure their timber, rafts and boats, as not to 
injure private property, or to deftroy or injure the iniide of 
faid dam, and if they Ihall caufe any fuch damage, they fhall 
pay fuch individuals, and the Prifon-Point dam Corporation, 
the full amount of all fuch damage. 

Sect. 8. Be it further enacted^ That the proprietors of Proprietors n 
faid dam may purchafe and hold any land over which they ^a'^ry forSe'ir' 
may make faid dam, and which may be neceffary for the commodatien. 
accommodation of the mills which may be ereclied on faid 
B dam. 



(» MIDDLESEX TURNPIKE COR. June 23, An. mQ, 

L datn, and the faid corporation ihall be holden to pay all 

' damages which ihall arife to any perfon by taking his land 

rporation Ha- for faid dam, and the mills which may be erected thereon, 
r 38 for damages, ^j^ere it cannot be obtained by voluntary agreement, to be 
1 animated by a committee to be appointed by the Court of 

Comnion Pleas, in the county of Middlefex, faving to eithei' 
party a right to trial by Jury, according to the laws which 
make provilion for the recovery of damages happening by 
r>if». laying out public highways ; Provided always, that this aA 

ihall be of no avail or effedl, and that the privileges and au- 
thorities herein and hereby vefted fliall neVer be exercifed 
by the perfons herein named, or by any other perfon or per- 
fons, until a releafe and difcharge of all the covenants of 
warranty made by this Commonwealth of any of the lands 
conveyed by faid Commonwealth, lying at or near Lech- 
mere's Point mentioned in this ad:, fliall be obtained from 
the perfon or perfons, who are legally authorized to make 
fuch releafe and difcharge, on fuch terms as may be agreed 
on by His Excellency the Governor, by and with the advice 
of Council, who is hereby authorized to adjuft and fettle 
the fame in fuch manner as fhall be equitable and right, and 
advantageous to the Commonwealth, with the perfon or 
perfons who may be authorized to grant a releafe and dif- 
charge of all the covenants by which this Commonwealth 
may be fuppofed to be bound, either in law or equity, to 
warrant and defend the faid lands conveyed and granted by 
faid Commonwealth, as lands formerly belonging to Rich^ 
ard Lechmere, Efq. and which lie in the neighbourhood of 
Lechmere's Point. 

[This aa paffed June 21, 1806.] 



CHAP. vn. 

An acl in addition X.6 an nS:, entitled, " An ad incorporating 
certain perfons by the name and ftyle of the Middlefex 

I Turnpike Corporation, for the purpofe of making a turn- 

pike road from Tyngibury Meeting Houfe, to a point in 

^ Bedford, and from thence two branches, one to Cam- 

bridsre and the other to Medford.*' 

o 

Whereas the direflors of faid Middlefex Turn- 
eambk. pike Corporation have petitioned this Court, fetting fortli 
that many important advantages would be obtained to faid 
corporation, and the public, by altering the prefent cir- 
cuitous 



^AM IN QUINGY. Juntas, An. 180C, i 

cuitous route from faid point in Bedford, to Buifket Bridge 
in Tyngfbury, fo far as to enable them to make faid road 
■from faid point in Bedford, to faid Builket Bridge, in near- 
ly a ftraight line : 

Sect, 1. BE it therefore ena^ed by the Senate and Houfe 
of Reprefe7itatives, in General Court affemhled^ and by the au- 
thority of the fame ^ That the faid Middlefex Turnpike Cor^ 
poration be, and hereby are authorized, fo far to vary and 
alter the courfe of faid road, as to enable them to make the 
fame in the neareft prafticable route from faid point in 
Bedibrd, croffing Nutting's Pond, to faid Buifket Bridge 
in 1 yngfbury. 

Sect. 2. Be it further enacted^ That the aforefaid Cor- 
poration {hall pay for all labor which has been performed, ^^'^P'^^^^'^" 
and all damages which have been fuftained before the paff- 
ing of this ad, in the town of Chelmsford, by order of the 
directors, in making the road according to the route or 
dirediuns pointed out in the ad to which this is an addU 
tion. 

[This Ad paffed June 23, 1806.] 



CHAP. yiii. 

An ad to authorize Ebenezer Thayer, of Quincy, and oth- 
ers, to build a Dam acrofs Quincy town n¥er, fo called. 

Sect. 1. JjE zV enacted by the Senate and Houfe of Rep- 
refcntatives, in General Court affembled^ and by the authority 
of the fame ^ That Ebenezer Thayer, of Quincy, in the coun- ^^j^ ^^ ^ 
ty of Norfolk, his fucceffors, and all fuch others as may be fociates empo' 
aflbciated with him, be, and hereby are empowered, to ^'■^'^• 
build a dam acrofs Quincy tov/n river, fo called, for the 
purpofes of ereding a mill or mills on the fame, above Jame§ 
Brackett's landing, and near faid Thayer's upper wharf. 

Sect. 2. Be It further enacted^ That faid Thayer and 
his aflbciates, fliall pay all damages that may arife to the _ 
owners of any land that may be flowed in confequence of ges, ^^^ 
faid dam, to be afcertained in the fame manner that dam- 
ages for flowage are by law. 

Sect. 3. Be it further enacted. That faid dam Ihall be 
fo conftruded as to prevent any perfon or cattle from pafT- 
ing over the fame, and that the paflage way at the flood 
gates fliall be at leaft twelve feet wide. 

Sect 



,j2 SA'NFOUD BAPTIST SOCIETY. June 23, An. 180&. 

Sect. 4. Be it further enacted, T\i'dXwhev\evex "^Vij two 
of the owners of the meadow above faid dam, whofe mead- 
ow may be flowed in confequence of f;iid dam, ihall give 
faid Thayer or his heirs or affigns, one day's notice, that 
. , , they wifh faid flood ffales to be opened, for the piirpofe of 

i, if reciuired. ciittmg the grals on laid meadow, the lame iliall be opened 
for two days immediately after faid notice, once in each 
year. 
J * [This act pafled /i^;^^ 23, 1806.] 



CHAP. IX. 

An a6l to incorporate a number of the inhabitants of the 
town of Sanford, in the county of York, into a Religious 
Society by the name of The Baptiil Society in Sanford. 

Sect. 1. JoE // enacted by the Senate and, Houfe of Rep- 
refentatives, in General Court ajfembled, and by the authority 

■ ^'^^^'^^v^<:ot^Q- of the fame^ That Ezra Thompfon, Solomon Thompfon, 
Ebenezer Lihfcott, Eliflia Allen, Eleazer Chadbourn, Tho- 
mas Wofter, William Wofter, John Thompfon, Mark 
Prime, Ephraim Gatchel, Jofeph Chaney, John Hanfon, 

' Thomas Keeler, Shelden Hobbs, Zebulon Beals, Ebenezer 

Reading, Gideon Bearing, Jonathan Witham, John Quint, 
Mofes Plumer,Mofes Chick, Timothy Boflion, Jolhua Han- 
fon, James Chadbourn, Stephen Hobbs, Samuel Quint, Na- 
thaniel Quint, Jofeph Quint, Jofeph Ricker, Ephraim Low, 
Abraham Morifon, William Starby, Thomas Willard, James 
Muny, Samuel Ricker, John Paul, Richard Plumer, Nathan 
Powers, Nathaniel Moor, Jotham Stearns, Timothy Lang- 
don, Thomas Parfons, John Goodwin, Daniel Bean, Ben- 
jamin Libby, Napthali Harmon, Ebenezer Gane, Nathan 
Hatch, Jofeph Butler, Jofeph Welkerfon, Samuel Chad- 
bourn, Benjamin Chadbourn, John Moore, jun. William 
Gowen, Mofes Pugfley, Rook StilHngs, Ifaac Channard, 
Phineas Thompfon, Jotham Webber, and Jolhua Tibbet, 

) with their families and eftates, be, and they are hereby in- 

corported into a ReUgious Society by the name of The 
Baptift Society in Sanford, with all the powers, privileges, 
and immunities to which parifhes are entitled by the Con- 
'tpvlTo. ftitution and Laws of this Commonwealth. Provided, that 

allfuch perfons ihall be holden to pay their proportion of 
all monies aiVefled in the faid town of Sanford for parochial 
purpofes prior to the pafling this ad. 

Sect. 



SANFORD BAPTIST SOCIETT. June 23, An. ^^, 

Sect. 2. Be it further enaBed, That any perfon be- 
longing to the £iid town of Sanford, being of the Baptift 
denomination, who may at any time hereafter actually be- 
come a member of, and unite in religious worlhip with the 
faid fociety, and give in his or her name to the clerk of the 
town or parifh to which he or flie belongs, with a certifi- 
cate ligned by the minifter or clerk of faid fociety, that he How te join tU* 
or Ihe has actually become a member of, and united in re- ^°"^'y- 
ligious worfhip with the aforefaid Baptift fociety, fourteen 
days previous to the town or parifh meeting therein to be 
held in the month of March or April, fliall from and after 
giving fuch certificate, with his or her polls and eltates, be 
confidered part of faid fociety. 

Sect. 3. Be it further enacted^ That if any member of 
faid Baptift fociety, fhall at any time hereafter fee caufe to 
leave the fame, and unite in religious worfliip with the par- How to leave 
ifh in which he or Ihe may refide, fliall lodge a certificate of ^i^'s fociety. 
fuch his or her intention with the clerk or minifter of faid 
Baptift fociety, and alfo with the clerk of the town or parifli 
in which he or ftie may refide, fourteen days at leaft before 
the annual town or parifti meeting, to be held therein in the 
month of March or April, and fhall pay his or her propor- 
tion of all the monies affelTed on faid fociety previous 
thereto, fuch perfon ftiall from and after giving in fuch cer- 
tificate, with his or her polls and eftate, be confidered as be« 
longing to the town or parifh in which he or flie may re- 
fide, in the fame manner as if he or fhe had never belonged 
to faid Baptift fociety. 

Sect. 4. Be it further enacted^ That any juftice of the 
peace in the county of York, is hereby authorized to ifTue 
his warrant, directed to fome fuitable member of faid Bap- ^°^ ^^^. ^^\ 

.no' • • 1 • • r 1 1 ^ meeting is to b« 

tilt Society, requiring him to notify and warn the mem- called, 
bers thereof to meet at fuch time and place as fhall be ap- 
pointed in faid warrant, to choofe fuch officers as parilhes 
in this Commonwealth are by law authorized to choofe in 
the month of March or April annually. 

[This ad palTed June 23, ] 806.] 



Kti 



S " ^NFH^^^'^^^^ TURNPIKE COR. June 25, An. 1 806. 

CHAP. X. 

' An a6t to authorize the owners of lots of land adjoining ov\ 

Accuftinett River, in the town of New Bedford, in the 

' : county of Brillol, from Clark*s Point, fo called, to the 

. head of navigation in faid river, to build and extend 

i wharves beyond low water mark in faid river. 

Sect. 1. JljE it enacted by the Senate and Houfe of Repre- 
fentati'vesy in General Court affembled, and by the authority of 
the fame. That the owners and proprietors of lots of land 
adjoining Accijfhnett River, in the town of New-Bedford, 
in the county of Briftol, between Clark*s Point, fo called, 
Jrof r5(!tor» may and the head of navigation in faid river, their heirs and af- 
fwa wriiarvei. figns, fhall be, and hereby are authorized and empowered 
to erecl, continue and maintain, wharves parallel with the 
line of their feveral lots, as they abut upon faid river ; faid 
i wharves to extend to the channel of faid river, if the own- 

ers of faid lots think proper ; and each owner of faid lot 
fliall have authority to provide docks, or erecl wharves, as 
■ \ aforefaid on the aforefaid extended portion pf his faid lot, 

in fuch way and manner as he may think proper, not ex- 
ceeding the limits of faid channel of faid river. 

Sect. 2. And be it further enacted. That if at any time 
hereafter, it fhall be made to appear to the fatisfaclion of 
the General Court of the Commonwealth of MaiTachufetts, 
that the erection, maintaining, or continuing faid wharves 
or docks, mentioned in the firft leftion of this act, operates 
any obftruclion to the navigation of faid river, or to the 
(jright of taking fhell or other fifli, in faid riyer, in that cafe 
^ the faid General Court fhall have a right, notwithftanding 

dnltouit. this acl, to make fuch provifions refpecling the navigation 
of faid river, and the right of taking faid filh, as they may. 
think the public intereil requires. 

[This acl: palled June 23, 1 806.] 



CHAP. XI. 

An ad to eftablifh a Corporation by the name of the Stough- 
ton Turnpike Corporation. 

^ Sect. 1. JdE it enacted by the Senate and Houfe of Reprc- 

fentatives, in General Court affemblcd, and by the authority of 

Perfor. " the fame. That Jonathan Leonard, and Lemuel Gay, togeth- 

raTer* '°^*'^** ©f with fuch pcrfous as have, or may hereafter alfociate with 

the^yi 



M 



li'AUNTON TURNPIKE COR. June 23, Ah. 1806. i$^ 

them and their fucceflbrs and alTigns, fliall be a Corpora- 
tion by the name of The Stoughton Turnpike Corporation, 
for the purpofe of making a turnpike road from near the 
dwelHng houfe of John Tucker, in Canton, to near the 
meeting houfe in Stoughton, and from thence to terminate 
in the TaUntdn and South Boilon Turnpike, in fuch place 
to the northward of the dvvelhng houfe of Jofhua Gihnorc, 
of Eafton, as the proprietors may think expedient : and for 
this purpofe, fhall have all the powers and privileges and 
-be fubjeft to all the duties, requirements and penalties con- 
tained in an acl entitled " An a(ft defining the general pow- 
ers and duties of turnpike corporations,'* palled the fix- 
teenth day of March, in the year of our Lord one thoufand 
eight hundred and five. 

Sect. 2. Be it further enacted., That the faid Corpora- 
tion fhall be entitled to one gate with the ufual toll, or two 
gates with one half the ufual toll at each gate ; and when ° ^^ 
that part of the road from John Tucker's to Stoughton 
meeting houfe fhall be completed and accepted by the 
Court's committee, they fliall then have liberty to ereft a 
gate thereon, and demand and receive one half the ufual 
rates of toll. 

Sect. 3. Be it further evaded. That any perfon who 
fhall travel on any part of faid turnpike road, not made on 
an old road, and Ihall turn off from faid turnpike road, with 
an intent to avoid pafling the next gate, fhall be liable to 
pay, and the faid Corporation fliall be entitled to demand 
and receive, the fame rate of toll for his carriage, team, 
fleigh, horfes or cattle, as he would be liable to pay if he ac- 
tually pafl'ed fuch gate. 

[This Ad palled June 23, 1 806.] 



CHAP. XII. 

An ad to eilablifli the Taunton and South Bofton Turn- 
pike Corporation. 

Sect. ]. JjE it enacted h^ the Senate and Houfe of Repre- Pronreiwi, 
ftntativcs, in General Court afjembled,a7id by theauthoj-ityofthe corporaLcd. 
fame. That John Gillmore, Jofhua Gillmore, Samuel Bafs, 
Efq. and William P. Whiting, while they remain proprie- 
tors, and all fuch as are or may nereafter become proprie- 
tors, and their afTociates, fucccfTors, anc^ afligns, be, and they 
hereby are conif ituted a Corporation, by the name of The 

Tauntoa 



:ore ia> 



If 



|i' 16 NAMES. /r^??^ 24, An. 1806. 

Taunton and South Bofton Turnpike Corporation, with all 
' the powers, privileges, and advantages, and under all the 

reftriclions, and liable to all the penalties which are exprefs- 
' ed in an act palled March the lixteenth, one thoufand eight 

hundred and five, defining the general powers and duties 
' of Turnpike Corporations ; for the purpofe of laying out, 

. making and keeping in repair a turnpike road from Taun- 
ton Green, fo called, in the county of Briilol, nearly on a 
ftraight line, to the crofs way over the great Cedar Swamp, 
fo called, and from thence over faid crofs way near to the 
houfe of Jojfhua Gillmore in Eaflon, and from thence 
through the towns of Bridgewater and Stoughton, the 
mod direct and convenient route to the Blue Hill Turn- 
pike, where a locating committee, with the confent of faid 
corporation, may lay out the fame. 

Sect. 2. And be it further enacted^ That when faid road 
is completed, and fo certified by the committees to be ap- 
pointed according to law, faid Corporation fhall be auihor- 
^. Toll gates, j^ed to erecl two whole toll or half toll gates to the fame 
amount, on faid road, in fuch places as they may find moft 
Provifo. expedient ; Provided^ that there ihall not be more than one 

whole toll, or two half toll gates fouth of a point one mile 
' north of the houfe of Jofhua Gillmore in Eallon ; provided 

alfo, that whenever one half of faid road is completed, and 
fo certified by faid committees, faid Corporation Ihall ba 
authorized to erecl one whole toll, or two half toll gates on 
the fame. 

Sect. 3. Be it further enacted^ That faid Corporation 
Corporation may may purchafe and hold real efi:ate adjacent to, and for the 
hold ettate. accommodation of faid road to any amount not exceeding 
fifteen thoufand dollars. 

Sect. 4. Be it further enacted. That faid Corporation 
are hereby authorized to grant monies to fuch perfons as 
rendered fervice to the proprietors in exploring laid route, 
and otherwife previous to this ad: of incorporation. 
[This ad pafled June 24, 1806.] 



CHAP. XIII. 

An act to alter the names of certain perfons therein men- 
tioned. 

JjE // enacted by the Senate and Houfe of Reprefenta- 
fives, in General Court ajembled, and by the authority of the 

famcy 



COURTS IN OXFORD COUNTY. June 14^, An, 1806. 

/(inWy That from and after the paffing of this acFt, William 
Hunt, of Bofton, otherwifc called William Chamberlain 
Hunt, be allowed to take the name of William Hunt Cham- 
berlain ; any thing in the acb palled the 14th day of March 
laft, and entitled, " An act to alter the names of certain per- 
fons therein mentioned," to the contrary, notwithftanding; 
that Sanmel Williams, of Botlon, in the county of Suffolk, 
merchant, fon of Gideon Williams, of Taunton, in the 
county of Briifol, be allowed to take the name of Samuel 
Gideon Williams ; that Thomas Legate, the third, of Lco- 
minfter, in the county of Worcefrer, be allowed to take the 
name of Thomas Charles Legate ; that I^obert Cunningham, 
a minor, and grandfon of David Murray, of the town of 
New-Caftle, in the county of Lincoln, be allowed to take 
the name of Robert Murray ; that Edmund Jewett, of Shir- 
ley, in the county of Middiefex, be allowed to take the 
name of Edmund Morrill Jewett. And each of the perfons 
before named, fliall in future, be refpeclively known and 
called by the names which they are feveraliy allowed to 
take as aforefaid ; and the fame Ihall be confidered as their 
only proper names to all intents and purpofes. 
[This acl palled June 24, 1306.] 



CHAP. XIV. 

An acl to determine the time of holding the Courts of Com- 
mon Pleas, and Courts of General Sefiions of the Peace, 
within and for the county of Oxford. 

Sect. 1. |t>E // enacted by the Se?mte and Hoi/fe of Repre- 
fentatives, in General Court affcmbled^ and by the aulhorify of 
the far.ie^ That from and after the paffing of this acl there Coumtobe 
fh.ill be two terms of the Court of Common Pleas, and '^^^''■^^^• 
Court of General Sellions of the Peace, to be hclden at 
Paris, within and for the county of Oxford, one on the 
"fecond Taefday of May, and the other on the fourth Tuei- 
day of September, annually. 

Sect. 2. Be it further enacted. That all writs, proceffes, TJmeofTurr 
recosrnizances and other matters and thin^fs, returnable or -^^<^'«^ 
continued to the Court of General SelTions of the Feace, 
and Court of Common Pleas, by law to be holden at Paris, 
within and for the county of Oxford, on the fecond Tuef- 

dav of October next, fhall be returned to, continued and 

C have 



i:i3 NAILS.—LONG WHARF. June 24, An. ISOG. 

have day in Court, to be holdcn on the fourth TuclUay oi 
September next. 

S CT. 3. Be it further enadcd^ Thiit all laws heretofore 

made and palled, fixing and eftabiiihing the times and 

places of holding the Court of Common Pleas, and the 

;.aw3 repealed. Court of General Seilions of the Peace, within and for laid 

county of Oxford, be, and the fame hereby are repealed. 

[This acl paffed June 24, 1 806.] 



CHAP. XV. 

An acl amendatory of the acls to regulate the Manufacture 

of Nails. 

Jr>E // enadcd by the Senate and Houfe of Rcpre- 

feniatives, in General Court ajfembled^ and by the authority of the 

fame. That hereafter the infpeclor of Nails, or either of his 

deputies, fliall receive for every caik of Nails inipected 

according to law, Fifty cents, and no more ; to be paid and 

charged in the manner already provided by law. 

[This acT: palled June 24, 1806.] 



CHAP, XVI. 

An act in addition to an act, entitled. An act for Incorpo- 
rating the proprietors of the Boiton Pier, otherwife cal- 
led tiie Long Wharf, in the town of Bofton. 

Sect. 1. 1>E it enacted by the Senate and Houfe of Repre^ 

fentatives, in General Court affinibled, and by the authority of 

the fame. That the Proprietors of BoRon Pier, or Long 

Wharf fo called, in the town of Bolton, be, and they are 

^rcpiiccorffmay j^gj-ebv declared capable in law, in their corporate name and 

K)U land. J , V i t t i •» i • i /• 

capacity, to purchale, and to have, hold and enjoy, and pol- 
fefs, the land or fl^^ts on which the Illand Wharf, fo called, 
near to faid Long Wharf, has been erected, together with 
any and all fuchlands, tenements and hereditaments, and 
the rents, profits and benefits thereof, as the fime proprie- 
tors lliall judge neceiTary or expedient for the improvement 
of faid wharf, and for widening the paflages thereto : Fro- 
' Proviso, 'vided, that fuch lands, tenements and hereditaments, at the 

time of the purchafe, Ihall not exceed, in value, the fum of 
fifty thoufand dollars, and fliali not extend more than one 
hundred and fifty feet northerly or fouthcrly of the prefcnt 

north 



C. FOLGER. J//;7f 24, An. 1806, lO 

north and fouth lines of State-Street, or of the laid Bofton 
Pier. 

St CT. 'I. And be it further cnaded. That at the next aji- Tiieir power. 
nual meeting of faid Proprietors, or at any previous meet- 
ing, notified by their clerk, according to their cxilling regu- 
lations, the faid proprietors, or a competent majority, 
formed according to the provifions of their act of incor- 
poration, Ihall or may agree on a method of calling future 
meetings ; and at the fame, or any fubfequent meeting, may 
make and eftablifli any rules and regulations that fhall be 
necelTary or convenient for regulating £\id wharf and ap- 
purtenances, and the fame rules and regulations may caufe 
to be kept and executed, and for the breach of any of them, 
may order and enjoin fines and penalties, not exceeding 
three dollars. 

[This aa pafTed /««£> 24, 1806.] 



CHAP. XVIL 

An acl to render valid the doings of Charles Folger, Deputy 
Sheriff within and for the county of Nantucket. 

VV HERE AS, divers writs and precepts have preambi?. 
been ferved and executed by Charles Folger, Deputy bheriit 
within and for the county of Nantucket, hnce the refigna- 
tion of John Gardner, Efq. late Sheriff of ihe county of Nan- 
tucket, and before the appointment and qualification of his 
fucceffor in office : 

BE it therefore enacted by the Senate and Houfe of Repre- 
fentatives, in General Court affenibled, and by the authority of 
the fame^ Th^t all writ^ and precepts ferved and executed 
by the faid Charles Folger, Deputy Sheriff under the laid 
John Gardner, Efq. Sheriff, within and for faid county of 
Nantucket, from and after the firff day of March lall paff, 
and until the fourteenth day of the prefent month of June, 
fhall be confidered as duly and legally ferved and executed ; 
and the fame are hereby rendered legal and 'valid, in every 
rcfpcct, fo far as relates to the fervice or execution of laid 
writs or precepts : Provided the fame have been legally and 
duly executed in every other refpecf but what relates to the 
l^cfignation of the faid John Gardner, Efq. 

[This act paffcd June 24, 1 806.] 

CHAP. 



JOHN VINAL.^HOPS. June "24^, An. 1S05. 

CHAP. XVIII. 

An acl to remit a part of a fentence pafled by the Senate of 
this Commonwealth againll John Vinal, of Bofton, in the 
county of Suffolk, upon an impeachment by the Houfe of 
Reprefentativ'es, on the twenty-fixth day of J^wat^fml 
the year of cur Lord, one thoufand eight hundred, 

Vv HEREAS, John Vinal has reprefented to the Lo- 
gillature the great afflidion and diilr^^fs fuffered by himfelf 
and family, under a fentence of the Senate of this Common^ 
wealth, paffed on the twenty- fixth day of January, in the 
year of our Lord one thoufind eight hundred. And the 
laid John Vinal, having fmcc the palling of the faid fentence, 
conducted himfelf as a good citizen : 

BE it therefore enacted by the Senate and Houfe of Reprefen- 
iaiives, in Ge7teral Court ojfemhled^ and by the authority of the 
fame. That fo much of the faid fentence, and no more, as de- 
clares the faid John Vinal difqualified from holding any 
office of honor, truft, or profit under the government of 
this Com.monwealth, be, and it is hereby remitted. And 
the faid John Vinal is hereby reflored to all the rights and 
privileges of a citizen as though the fentence aforefaid had 
never been palled, 

[ .his acl paffed June 24, 1806. 3 



CHAP. XIX. 

An ad to provide for the Infpecbion of Hops for exportation. 

Sect. 1. JjE it enacted by the Scfiaie and Hotfe of Repre- 
fcntatives, in General Court ajfembied, and by the authority of 
the fame. That from and after the firft day of September 
next enfuing. Hops fhall not be fhipped or exported from 
this Commonwealth, except they are of the quahty herein- 
after mentioned, and have been, duly infpectedand marked 
Hops may be ex. agreeably to the provifions of this acl; and that the Hops, 
ported c mdi- jq infpecled, fhall be in fquare bags or pockets, each bag to 
^lon- y- contain four hundred weight, and each pocket two hun- 

dred weight of merchantable Hops, as near as may be. 
Si.CT. 2. Be it further enacted. That Hops Ihall not be 
Their q-.iaiity to deemed merchantable, unlefs they have been well picked, 
' ^e mercha.uabie. axe free from flems and leaves, and dried on a kiln, with 
charcoal fire ; and the bags or pockets in which they are 
packed, Ihali be made fufllcientiy flrong to preferve the 

Hops 



fiOPS. J«wf 24, An. 1 806. 21 

Hops from damcige, and of fuch a texture as. will fairly re* 
ceivc the marks of the cultivator and infpedtor ; and the 
bags or pockets fhall be marked with the name of the cul- 
tivator, and the town in which he lives. 

Sect. S. Be it further enacted. That there fhall be an in- 
fpedor of Hops for this Commonwealth, who fhall be ap- infpedior ap. 
pointed by the Governor with advice of Council ; who pointed. 
ihall be removable at pleafure, who fhall give bond, with 
fulhcient fureties, to the treafurer of this Commonwealth, 
in the penal fum of three thoufand dollars, for the faithful 
difcharge of his duty, and fhall be fworn faithfully to per- 
form the lame ; and fuch infpeflor fhall have power to ap- 
point deputy infpeclors ; who fhall be removable by him 
at pleafure, for whofe conduct he fhall be anfwerable ; and 
from whom he may require fufficient bonds for the faithful 
difcharge of their duty. 

SjiCT. 4. Be it furthex enacted. That it fhall be the duty 
of the infpeclor, or one of his deputies, to examine the con- ° P*^**"^^ "^' 
tents of every bag or pocket of Hops, intended to be ex- 
ported, in fuch manner as to afcertain the quality of fuch 
Hops, and if found merchantable, as before prefcribed ; and 
that they arj: firmly packed, and have been fo packed \ 

at leafl: ten days previous to faid examination j and that 
the bags or pockets are fuch as have been before prefcribed ; 
he fhall diilinguifh the fame, by marking them in legible 
charafters, with the \voxd?>jirjifort, oxfccondfort, or refufe, 
as their quality may be ; he Ihall add thereto the date of 
the year of which, in his opinion, they are the growth, to- 
gether with the initials of his (the Infpeclor's) chriflian, and 
the whole of his furname, and the letters Mafs. (for Majfa- 
chujetts) for which infpecbing, marking, weighing, and de- 
livering an attefled fchedul^of the fame, he fhall receive at 
the rate often cents for every hundred pounds weight io Fees, 
infpecled, to be paid to him by the purchafer, exclufive of 
the charges of repacking and mending the bags or pockets, 
when necefTary., which fhall be paid by the vender of the 
Hops ; and exclufive alfo of florage, fhould faid Hops be 
Itored by faid infpcftor more than thirty days after being 
infpecled. 

Sect. 5. Be it further enabled. That no Hops fhall be certificate from 
exported from this Commonv/ealth, unlefs the mafler or theinfpeaor/ 
owner of the vefTel, in which fuch Hops are fliipped, fliall 
produce to the collecror, or other ofEcer, authorized by the 
laws of the United States to clear out vefTels, a certificate 
of the infpector or one of his deputies, for which he fhall be 

allov.-ed 



•J HOPS. June ^4, An. 1S06. 

allowed to charge twenty five cents, to be paid by the fiiipr 
per, that the fame has been duly infpe(5led, marked and 
weighed, agreeably to the directions ot this act ;, which cer- 
tificate lliall exprefs the number of bags or pockets of each 
fort of Hops, with the weight of each bag or pocket ; and 
the mailer or owner of every vcffel, in which Hops are fo 
exported, fhall, on producing fuch certificate, take and fubr 
•atk fcribe the following oath, viz. — " I do fwear, that, accord- 

ing to the bell of my knowledge and belief, the certificate 
hereunto annexed contains the whole quantity of hops on 
board the , of which is mafter, and 

that there are no hops on board faid velle], for the life of 
the fhip*s company, on freight or on cargo, but what have 
been infpected and marked, according to the law of this 
Commonwealth — So help me God.'* 

Sect. 6. Be it further enacted. That if an infpedor of 
Hops, on application made to him to examine any Hops, 
fliall unneceffarily neglect or delay to examine, mark and 
weigh them, the infpeclor, fo neglecting or delaying, Ihall 
for each offence, forfeit and pay the fum of five dollars. 

Sect. 7. Be it further enacted. That if any perfon 
fliall counterfeit or alter any mark belonging to, or proper 
to he ufed by the infpeftor of Hops, his deputy or deputies j 
or fhall mark any bag or pocket of Hops with any letters 
or marks aforefaid, he fhall forfeit the Hops fo marked, and 
for each offence, the fum of ten dollars. 

Sect. S. Be it further enacted. That if any perfon fliaU 
empty any bag or pocket of Hops, marked as by this act is 
required, and put in any other Hops, for file or exporta- 
tion, without lirft cutting out faid marks, the perlon or 
perfons fo offending, Ihall, for each offence, forfeit the funi 
of five dollars. 

Sect. 9. Be it further enacted. That the infpector of 
fees. Hops ftiall be entitled to receive from his deputies one fifth 

part of all the fees faid deputies may receive in the execu- 
tion of this act. 

Sect. 10. Be it further enacted, T\\?it\^X.hQ, \v\£^e.d:or oi 
Hops, or any of his deputies, Ihall be guilty of any fraud in 
infpecting Hops, contrary to the true intent and meaning 
of this ad, or fhall put their marks on any bag, pocket or 
package of Hops, which have not been actually cxaminrd, 
infpected and found merchantable, he or they ihall forfeit 
and pay twenty dollars for each and every bag, pccket or 
package fo falfely marked. 

Sect. 



Penalty- 



^^OFS. Jum 24, An. 180G* ss 

Sect. 11. Le it further enaBed^ That if any perfon 
fliall intermix, take out, or fliift any Hops from any bag or 
pocket, infpeclcd and marked as by this acl is required, or 
iliall put in any other Hops for fale or exportation, contra- 
ry ro the true intention of this acT:, the perfon or perfons 
fo offending, fliall forfeit and pay twenty dollars for every 
fuch offence* 

Sect. 12. Be H further enacted. That all penalties and 
forfeitures, arihng in virtue of this acT:, fhall be recoverable 
by action of debt on information in any court proper to try 
the iame, one moiety to the ufe of the town wherein the Penalties i«,w 
offence fliall be committed, the other moiety to him who difpofed ©t, 
fliall fue for the fame. 

vSect. 13. Be it further enacted^ That if any perfon or 
perfons fliall export or fliip for exportation out of this Com- 
monwealth, any Hops not infpecled and marked as by this 
acl: is directed, every fuch exporter or fliipper, and the maf- 
ter of every vefl'el, having on board fuch uniufpeded Hops, 
fliall, on convic1:ion, refpec1:ively forfeit and pay the fums 
following : the owner or exporter fliall pay the fum of 
twenty dollars ; the mafl;er of every veffel having the fam.e Penalties for tx- 
on board, the fum of ten dollars, for every bag or pocket foTe'i"! ^Xd'^' 
exported or fliipped for exportation. And it fliall be law- '''^"'^' ' 
ful for the infpecTior or any of his deputies, on information 
given of any Hops being put on board any veffel as afore- 
laid, not inipecled and marked as required by this acT:, to 
ilTue a warrant direded to the Sheriff or his deputy, or to a 
conflable, requiring them refpedively to make a fe'izure of 
any fuch Hops, not infpecled and marked as aforefaid, and SS"''^^* 
to fecure the lame in order for trial ; and fiid oflicers are 
hereby reipeclively required and empowered to execute the 
fame ; and it fliall be the duty of any perfon, when requeft- 
ed, to give the neceflary aid for that purpofe, on pain of 
forfeitmg iw^ dollars for his refufal. Provided always, that Provifo, 
nothing in this acl contained, fliall be fo conftrued to affect 
any Hops fliipped coailwife to Bofton or elfewhere, within 
this State, for the purpofe of being infpefted and marked as 
aforefaid, in which cafe a certificate from the owner Ihall 
accompany the fame fo fliipped coaftwife for the purpofe 
aforefaid, letting forth the owner's name, the number of 
bags, pockets, or packages, and the name of the infpcaor, 
to whom they are fent for infpeflion. 

[This AcT: paflecl June 24, 1S06.] 

CHAP, 



2« 



LANDS CEDED. 



June 24'. An. 1806. 



Trufteej. 



CHAP. XX. 

An acl in addition to an ad, entitled, " An act to eflabliih 
Day's Academy," palled March 13, 1806. 

JjE it enacted by the Senate andHoufe of Repre- 
fentathves^ in General Court aJfetnbUd, and by the authority of 
the fame. That all thofe perfous who now are, or hcrealter 
may be, the deacons of the firft Congregational Society in 
the town of Wrentham, in the county of Norfolk, fliall, 
together with fuch other perfons as are named in the liril 
fe6tion of the faid ad, be the ') ruilees of faid Academy j 
and they ihall have all the rights, powers and privileges, 
which the Board of Trullees, conftituted by iliid ad, have 
by virtue thereof. 

[This acT: paffed June 24, 1806.] 



Agent author- 
ized to pur- 
chafe lands 



CHAP. XXI. 

An ad to cede to the United States, the Jurifdidion of cer- 
tain lands for the eredion of light houfes. 

, Sect. 1. ijE it enacted by the Senate and Houfe of Repre- 
fentatives, in General Court affembled, and by the authority of the 
fame. That the Agent of the United States, duly authorized 
for the purpofe, may purchafe fuch trad or trads of land, 
as may be found neceiTary and convenient for the eredion 
and accommodation of the light houfes, authorized by Con- 
grefs to be ereded, at or near the entrance of Chatham har- 
bour, on Cape-Cod, containing about twelve acres ; and a 
defcription thereof, fliall be recorded in the Regiftry of 
Deeds for the county of Barnftable, Provided however. That 
this Commonwealth {hall, and doth hereby retain, a con- 
current jurifdidion wdth the United States, in and over 
the fame twelve acres, fo far that all civil and criminal pro- 
ceffes iffued under the authority or by any officers of this 
Commonwealth, fliall have full force and effed within the 
faid trad or trads of land, or in any buildings, which may 
be ereded thereon, this ceflion of jurifdiction notwith- 
ftanding. 

Sect. %. Be it further enacted. That the jurifdidion of 
a cjuantity of land not exceeding twelve acres, and the right 
of this Commonwealth therein, be and hereby is grantcci to 
the United States, to be located on an ilLind called Frank- 
Laads giaotcd. Un Ifland, near the mouth cf George's River, in this Com- 
monwealth. 



Pfovifo. 



CLEMENT SUMNER. J««f 24, An. 1 806. It 

mon wealth, as fhall be moft fuitable and convenient for the 
erection, and accommodation of a light houfe on faid Frank- 
lin Illand; which quantity of land'fliali be laid out, at the 
time of erecting faid light houfe, and a defcription thereof, 
in writing, fliail be recorded in the Regiftry of Deeds for 
the county of Lincoln. Provided always^ that this Com- provifo. 
monwealth fliall and doth hereby referve to itfelf a concur- 
rent jurifdiclion in and over the land hereby ceded, in the 
fulleil manner, as is provided in the firft fection of this act. 
And provided aljo. That if the faid United States, fliall at 
any ume hereafter, make any compenfation, to any of the 
United States, for any ceflion, made for the like purpofes 
of this grant, fmiilar compenllition fhall be required of the 
United States, for the prefent grant according to its value. 
[This acl: paffed June 24, 1806.] 



CHAP. XXIL 

An act to fet off Clej^ient Sumner, and his eftate from the 
firlf to the third parifli in Roxbury. 

JjE // enacted by the Senate and Houfe of Rep- 
rcfetitatives, in Ge?ieral Crttrt affeinhled. and by the authority of 
the fame ^ That Clement Sumner with his eftate, coafifting of 
about twenty-two acres of land, and a dwelling houfe there- 
on, in the town of .Noxbury, for himfelf, his heirs and af- 
figns, be, and hereby is feparated from the firft, and annexed 
to the third parifti in faid Roxbury. . 

[This Ad pafied June 24, 1806.] 



CHAP. XXIIL 

An acT in addition to an acl, entitled " An aci to eftablifh 
The Twelfth Maffachufetts Turnpike Corporation." 

Whereas the penalty provided by the fourth 
fecTion of an acT entitled "an ad to eftablifh The Twelfth Preamble: 
Maffachufetts Turnpike Corporation,'* has been fotind in- 
fufficient for the purpoie intended, and for the protedion 
of the property of faid Corporation : 

Sect. 1. BE it therefore enaded by the Senate and Houfg 
cf Reprefentatives, in General Court afemblcd, and by the 
authority of thefame^ That if any perfon, from and after the 
paffmg of this ad, iliall pull down and deftroy, or wanton- 
ly I^ 



Owners of land 
not tu 



^f'Ce TXVFXFTH MASS. TURNP. COR. June ^i. An. 1806: 

Perfons injonng ly and inalicloufly defacG or injure, any gate which is, or 
-ate roai,&c. lyi^y be by law ellablKhed on laid Turnpike, or ihall throw 
down or deftroy any part of the wall erected for lecuring; 
gravel on the fame, or fhall pull down, deftroy, or deface 
any railing erefted thereon for the fafety and fecurity of 
travellers, ot fiiall pull dov^'n, deftroy or deface, any iign, 
exprefling the rates of to)}, granted by law to faid Corpo- 
ration, or ftiall pull down, dellroy or deface any guide board 
or mile ftone, ereded on faid Turnpike, fuch perfon fiiall 
Penalty. forfeit and pay a fine not exceeding one hmidred dollars, nor 
lefs thsinjifty dollars, for each and every fuch offence ; to be 
r recovered in an a(3:ion of trefpafs, by the treafurer of faid 

P Corporation, for the ufe thereof. 

^£CT. 2. Be it further enaded. That if any perfon., 
through whofe land faid Turnpike may pafs, fhall fuffer a 
make ^^^^ ^^ ^^ kept Open, or any new road to be made on his 
another road, land, running in the fame diredion with the Turnpike, 
within forty rods of any gate erected on the fam.e, fo as to 
admit perfon s, other than the owner of faid land to pafs 
faid gate, w^th intent to evade the toll, fuch perfon fhall 
forfeit and pay a fine not exceeding o?ie hundred dollars, nor 
lefs \\x\n fifty dollars, to be recovered by the treafurer as a- 
^orefaid, for the ufe of faid Corporation, in an action of 
trefpafs on the cafe. 

Sect. 3* And be it further enacted. That the Juftices of 
the Court of Common Pleas within and for the county of 
^ii^the^i'^^^''/'^ Berkfhire, or any two of them, are hereby authorized to' 
ihegate. fix, determine and eftabUfti, the place where the gate that 

is now placed at the foot of Molafi'es Hill, on faid Turnpike, 
Ihall hereafter be placed, fixed and eftabliftied ; and when- 
ever faid juftices have fo fixed and eftablifhed laid gate, they 
ihall caufe their faid determination refpefting the place 
where faid gate is to be fixed, placed and eftabliftied, to b^ 
recorded by tlie clerk of laid Court of Common PltaR at 
the next term of faid Court, after fuch determination by 
Pfovifo. them had as aforefaid ; provided hozvcver, that faid juftices 
fhall give notice in fuch way and manner as they may think 
proper, to all perfons interefted in the location and eftablilh- 
ing of laid gate, of the time and place of their meeting for 
the purpofe of determining on the fixing, locating and plac- 
ing of faid gate ; to the intent that all perfons interefted 
may have an opportunity to appear before them, and be 
heard relative to laid location and placing of faid gate. 

Sect. 4. Be it further enacted. That if any perfon with 
his or "her horfe, cattle, team, or carriage, lliall go round any 

^ gate 



ARUNDEL BAPllST SOCIETY. June ^4^, An. 18OG. 2Y 

jjatc eftabliihed on faid Turnpike, with intent to evade the Penalty fotevad- 
toll, iuch perlbn fhall forfeit and pay a fine of five dollars, *"^ 
to be recovered as aforelaid by the treafurer, in an adion 
of trefpais on the cafe, for the uie of the Corporation. 

Sec r. 5. Be it further enacted. That from and after the 
pafiing^of this act, the rates of toll to be demanded and re- 
ceived at each of the gitesof the faid Corporation, fhall be Rates of ton. 
equal, and the lame at both of faid gates, and fhall be the 
fame as are fixc4 in the additional aci eftabliihing the laid 
Corporation ; excepting in the following articles, viz. each 
iled or fleigh drawn by two horfes or oxen, iliaU in future 
pay only four cents ; and all waggons or carts drawn by 
two horfes or oxen, fhall in future pay fix cents only at the 
ivcji gate ; and all horfes, mules, or cattle, led or driven, 
fliall pay one cent each ; any thing in the before mentioned 
acts, to which this is an addition, to the contrary notwith- 
itanding. 

[This acl palTed /^^«d? 24, 1806.] 



CHAP. XXIV. 

An acl to incorporate a number of the iphabitants of the 
town of Arundel, in the county of York, into a Religious 
Society, by the name of The Baptift Society in Arundel. 

Sect. 1. ijE it enacted hy the Senate and Houfe of Reprc^ 
fentatives, in General Court ajfembled, and by the authority of the 
fame. That Daniel Merrill, Pelatiah Greenough, James Blunt, Perfons incor, 
'Jofhua Elliot, Abner Huff, Daniel Bickford, Joh:,h Hutchins, p'"''''^'^' 
]un. Robert Patten, John Goodv^^in, James Patten, Foieft 
Burnham, Benjamin Thompfon, jun. Shibuel Bollon, John 
Mitchell, Ifaac Burnham, Andrev/ Staples, James Thomp- 
fon, Stephen Thompfon James T'arbox, John Tarbox, Na- 
than Walker, Samuel Smith, Nathan Thompfon, Thomas 
Burreli, Nathaniel Currier, Nahum Tarbox, Lemuel Tar- 
box, Samuel Ham, John Walker, Samuel Fairlield, Ifrac! 
Whitten, Jedediah Dorman, Andrew Walker, Timothy 
Hanfkom, George Goodwin, Obed Merrill, Jeremiah Smith, 
George Bickford, Jocob Merrill, Samuel Merrill, John Mer- 
rill, Andrew Miller, Samuel Colman, Enoch T. Colman., 
Daniel Town, Edward Nafon, and James Adams, with their 
families and eftates, be, and they are hereby incorporated 
into a Religious Society, by the name of The Baptift So- 
ciety in Arundel, with ail the powers, privil-^gcs, and immu- 

Fiitie^ 



S3 ARUNDEL BAPTIST SOCIETY. June 24, An. ] 806, 

nities to which parifties are entitled by the conftitution and 
laws of" this Commonwealth : Provided that all fuch perlbns 
Ihall be holden to pay their proportion of all monies alleil'ed 
in faid town of" Arundel for parochial puvpoies, prior to the 
palling of this a6t. 
guaiificatmn ne- Sect. 2. Be it further enacted. That any perfon belongs 
ceiTary to become i^^ {q faid town of Arundel, and beino; of the Baptift denom- 
ination who may at any time hereafter aftually become a 
member of, and unite in religious worfliip with the faid fo- 
ciety, and give in his or her name to the clerk of the town 
or parifli to which he or flie belongs, with a certificate 
figned by the minifter or clerk of faid fociety, that he or fhc 
has actually become a member of, and united in religious 
worihip with the aforefaid Baptiil Society, fourteen days 
previous to the town or parifh meeting therein, to be held 
in the month of March or April, fhall, from and after giv- 
ing ill fuch certificate, with his or her polls and eftates, be 
coniidered as a part of faid fociety. 
I i:i cafe of leav- Sect. 3. Be it further enaftedj That if any member of 
uig tiie fociety. £-^. j g^pj-^a fociety ihall, at any time hereafter, fee caufe to 
leave the fame, and unite in religious worfliip with the parilh 
in which he or fhe may refide, and fhall lodge a certificate 
of fuch his or her intention M^th the clerk or minifter of 
faid Baptift fociety, and alfo with the town or parifli clerk 
in which he or fhe may refide, fourteen days at leaft, before 
! the town or parifli meeting to be held therein in the month 

' of March or April, and Ihall pay his or her proportion of aU 

money alfefl'ed on faid fociety previous thereto, fuch perfon 
fhall, from and afier giving fuch certificate, with his or her 
polls and eftates, be confidered as belonging to the town or 
pariili in which he or ftie may refide, in the fame manner 
as if he or fhe had never belonged to laid Baptift fociety. 
jufiicean- Si£CT. 4. Be it further euci^cd. That any juftice of the 

Uu.rizedtohTue pg^ice in the faid county' of York, is hereby authorized to 
! "*"" ""' '" ili'ue his warrant, directed to fonie fuitable member of laid 

I Baptift fociety, requiring him to notify and warn the mem- 

bers thereof to meet at fuch time and place as fhall be ap- 
pointed in faid warrant, to choofe fuch ofiicers as pariflies 
in this Commonwealth are by law authorized to choofe, in 
the month of March or April annually. 
I V . [This Ac1: palled /^«^ 24; 1806.] 



ClUi^. 



iRURO POND HARBOR COR. June 24^, An. 1806. .29 

CHAP. XXV. 

Acl acl to incorporate fundry pcrfons by the name of Ths 
Truro Pond Harbor Corporation. 

Sect. 1. ijE // cnadcd by the Senate and Houfe of Repre- 
fentativcs, in General Court ajjhnblcd, and bj the authority of 
the fame. That Jafon Ay res, Caleb U. Grozer, and others Perfons inqor, 
their alTociates, together with their fucccilors and afligns, p"'^^'^'*- 
bo, and they are hereby created a body politic and corpo- 
rate, by the name of The Truro Pond Harbor Corporation, 
and by that name may fue and be fued, plead and be im- 
pleaded, purfue and be purlued to final judgment and exe- 
cution in any court of record proper to try any matter 
which may be in controverfy, and may have a common 
feal, and may exercife and enjoy all the rights and powers 
which are by law incident to hmilar corporations, for the 
purpofe of opening a pallage from the lea into a certain pond 
and quagmire, lying on the weftern fide of faid town, near 
the fea, and of clearing out faid pond and quagm.ire fo as 
to make the fajme a comj^etent and convenient harbor, for 
the admiflion and fecurity of veHels, with the right to hold i 

the fame pond and quagmire, together with all the lands 
furrounding the flime to the diftance of four rods there- 
from, to them and their fuccelTors forever. And the faid 
Corporation fliall have power to make and put in execu- Their powci^. 
rion, fuch bye-laws and regulations as to them fhall feem fit 
f'or the government of faid Corporation and the prudent 
mangement of their affairs ; provided the faid bye-laws be Proviso, 
not repugnant to the conftitution and laws of tliis Com- 
monwealth : And faid Corporation fliali always be fubjeft 
to the rules and regulations herein prefcribed. ' 

Slot. 2. Be it farther enacted^ That the faid Corporation May take. 
may purchafe and hold any other lands or flats which mayP''°P"^>''"'^^' 
impede the profecution of faid undertaking, and fhall be*^''"'^^ 
under obligation to pay to the owners or proprietors of 
faid pond or quagmire, and to any other perfon or perlons 
whofe lands or fiats may be taken as aforefaid, or whofe 
right may be impaired by the privileges and rights hereby 
granted to faid Corporation, fuch damages as may be ful- 
tained by the taking of faid pond, quagmire, lands and 
flats, to be eftimated as in cafes of turnpike roacls, where 
tiiie fame cannot be done by voluntary agreement. 

Slct. 3. Be it further enacted. That it fliall be at all 
times the duty of faid Corporation to keep the faid Pond "'^""^ ''^'^^ 

Harbor 



T^URO POND HATIBOR COR. June 24, An. 1306, 

Harbor in a iujTident Rate of repair for the reception and fafo 
l()ui-;:ient oi veilels ; and to conilrucl: on the fhores tiicreof, 
and keep in fuliicient repair, convenient wharves for the 
loading and delivery of cargo. ^y to and from faid veilels. And 
when laid hcirbor and wharves Ihall be prepared and con- 
ftrudcd as aforefaid, the faid Corporation Ihail be entitled 
to deniand and receive from each veiTel entering faid Pond 
Harbor, tlie following rates of toll, viz : 
--^^ of toll. For every velTel under twenty tons burthen, lying at a 

wharf in faid hai bor, thirty ceiits »^er day, other wife twenty 
cents J per week ; for every veflel of twenty tons burthen, and 
more, and not iexceeding fifty tons, lying at a wharf, Jifty 
cents per day, otherwife, thirty cents per week ; for every 
veiiei of fifty tons but then, and upwards, lying at a wharf, 
one dollar per day, otherwifey^^''_)' cents -^ex week ; for every 
boat entering faid harbor, ei^ht cents ; befides the fame rates 
for T'll articles received or landed by fuch boat, as is eila- 
bliiiiod for wharfasce of articles received or difcharsied bv 
- other veilels. And faiil Corporation fhali be entitled to 
demand and receive the following rates of wharfage : For 
every bag of coffee, pimento, or fugar, two cents; for every 
bale of cotton, and every bag of hops, ten cents; for every 
cheft, crate, cafe, trunk, box and package, twelve and a half. 
ce?its ; for every barrel yo//r cents ; for every cafk of nails, 
four cents ; for every th.^ufand of boards, ftaves or hoops, 
twent]'fivc cents ; for every box of {ng-xr^ feven cents; for 
every box of chocaiate, candles, foap or glafs, two cents ; for 
every thoufand of brick, twenty fivJ cents; for every thou- 
fand of clapboards, twenty cents; for every quintal of green 
fait liih one cent; for every quintal of dry fait iifh two cents; 
for every bufliel of grain, one cent; for every half barrel and 
firkin, two cents ; for every keg, one cent; for every bundle 
of hay, ten cents-, for every hogihead or pipe, ten cents; for 
every ton of iroji, cordage or timber, thirty cents ; for every 
thoufand of laths,y/x and 07ie quarter cents ; for every ton of 
iliones, twenty cents ; for every hundred feet of timber, ten 
cents ; for every bolt of duck, one cent ; for every hogfliead 
of fait, fix and a quarter cents ; for every thouliuid of 
ihingles,7/.v and one qiirter coits ; for every (\Q.xzQ,feven cents % 
for every cord of wood or bark, iwehe and a half cents ; for 
every hundred of polls or rails, twelve and a half cents ; for 
every hundred weight of beef, pork or cheefe, two cents ; for 
every bufhei of apples, turnips or potatoes, one cent ; fo^ 
every empty calk, half the rates before-mentioned ; for all 
other articles not herein enumerated, fuch reafonablc rates 

of 



1:Tlt]R0 POND HARBOR COR. June '2^, An. 1806. St 

of wharfage, (not exceeding one per cent, on the viiiue of 
the pn^pcrty) as faid Corporation may agree upon ; faving 
that the laid Corporation Ihall at no time iiave a tight to 
demand any wharfage for green unfalied hfli. And the 
wharfage of all goods landed Irom laid Irarbor, fhall be paid 
by the perfon landing vho fan^.e, except the wharfage ot v. ood 
and lumber, which Ihall be paid by the purchafer thereof ; 
and the wharfage of all articles taken on board aiiy vefiel in 
faid harbor, fhall be paid by ixich veHels, or the ptribn laip^ 
ing the fame. 

Sect. 4. Be it further enaciecU That no fliark, dog-fifh, 
or ofFal ot other nlh, ihall be left or thrown into laid har- Harbor to b* 
bor, or nfcar to the mouth thereof, fo as to be floated there- ^^^ ' '■'^^''* 
into by the tide, on penalty for each oflence oi noi niore 
than thirty dollars, nor lefs than three dollars, according to 
the aggravation of the offence ; to be recovered before an^ 
court proper to try the fiime, by ihe rreaiurer (^f IV.id Cor- 
pr ration, in an aclion of the cafe ; onehalf of which pvnalt)'" 
Ihall be to the ufe of faid Corporation, a.nd the other half , 

to the poor of faid town. Aiid no perfon fhall throw ^my 
bailail, or other matter or thing, into the laid harbor, or 
the entrance thereof, on pain of forfeiting ten dollars for ,' 

each ton of baiir-fr, or other matter or thing, thrown in as 
afnrefaid ; to be recovered to the ufe of the- faid Corpora- 
tion, by the treafurer thereof, in an adion of the cafe before 
any court proper to try the fame. 

Sect. 5. Be it further enacted^ That if faid Corporation, cr.rporatJcn fu«» 
or any perfon in their emph:y, iha'l unreafonably dcjay.^ qj. r<^^<'">" P"^^''?* 
refufe to receive,, any boat or vefiel into fai J harbor ; or 
ihall demand and receive more toll or dockage than is 1 y this 
acl allowed, the laid Corporation Ihall forfeit and pay to the 
party aggrieved a fum not exceeding live hundred dollars, i 

nor lefs than ten dollars, to be recovered by action of the 
cafe in any court proper to try the fame. Aiid in all cafes, 
the leaving of an atteifed copy of a wTit againil laid Corpo- 
ration, with the clerk or treafurer thereof, lliall be d£cn)ed a 
proper fervice of fuch writ, and faid clerk or trealiii ed, or 
'any member of faid Corporation Ihall be allowed to defv. nd 
any fuit inliiiuted againit the fame without any fpecial au- 
thority therefrom; 

Sect. 6. Be it further enacted, That the fl:ock or prop- Manner of loH 
erty of faid Corporation, ihall beheld by the propri. tors '''^'^^";^^- 
thereof, in fhares not exceeding one hundred and fiity, and 
ihall be numbered in progreflive order, beginning at num- 
ber cne» And everv criQ-inai hokier of anv fuch iliare, ff-.ali 

receive 



.33 TRURO POND HARBOR COR. June 24^, Am ISOt;, 

receive a certificate under the feal of faid Corporation, fign- 
ed by the treafurer and clerk therof, certifying his proper- 
ty in the fliare in fuch certificate mentioned. 

Sect. 7. Be it further enacted. That Jafon Ayres be, 
and he is hereby authorized, to call the firft meeting of faid 
Meetings to be proprietors, by polling a notification thereof at the front 
appointed for (Joor of the nortli meeting-houfe in faid town, feven days, 
eSc^nsf ''^"^ at leafi:^ before the time appointed for holding faid meeting : 
At which meeting faid proprietors may choofe a Prefident, 
Directors, Clerk, Treafurer, andDockmafter, and fuch oth- 
er officers as they may think proper for regulating their con- 
cerns ; and in fuch meeting may alfo agree upon a method 

! of calling future meetings. And faid elections, and all oth- 

ers made by faid Corporation, and all other queftions whicli 
may at any time come before them, fliall be determined by 
a majority of votes, reckoning one vote to each fhare ; pro- 
vided that no one perfon fliall be entitled to more than ten 
votes. And (hares in faid Corporation fliall be taken, deem- 
ed and confidered perfonal property, to all intents and pur-^ 
pofes whatever ; and fliall and may be transferable, and the 
mode of transfering the fame Ihall be by deed., acknowledged 
before any juftice of the peace, and recorded by the clerk of 
faid Corportion in a book to be kept for that purpofe ; and 
the faid fhares fhail be liable to attachment and execution. 
Sect. 8. Be it further enacted. That if faid Corpora- 
tion fhall negleft, for the fpace of five years, to complete the 
faid Pond Harbor, and provide wharves therein as afore- 

' faid, this ad fhall then become null and void. 

' [This ad paffed June 24, 1 806.] 



iEND OF yUNE SESSION, 1806.] 



LAWS 



Massed at the session commenced on the 
seventh of january, 1807. 



^LECTIONS, June 2^, An. 1806. 

CHAP. XXVI. 

An act, in addition to the ieveral afts regulating Elections.* 

Sect. 1. OE it enacted by the Senate and Hoiife of Rep' 
refentati'vcs, iii General Court affembled, and by the authority 
of the fame. That it ihall hereafter be the duty of the fe- Duty of Seled 
leclmen, and of the town or diftricl clerks, in the feveral '"^'J'effi',rs!''ref 
towns or diftricls within this Commonwealth, and of the pea:ing perfoi 
afleffors of plantations, which are entitled by the Conftitu- ^oted^r asCo 

1 ^ • .1 ?• . r ^ . T • ^°® Lt. Gov. 

tion to the privilege of voting for Governor and Lieutenant 

Governor, and for Senators and Counfellors for their ref- 

peclive diilricTis, to make and feal up a feparate lift of the 

perfons voted for as Governor and Lieutenant Governor, 

in the feveral towns, diftrid:s or plantations, and tranfmit 

the fame to the Secretary of the Commonwealth, or to the 

Sheriffs of their refpeclive counties, according to the pro- 

vilions of the Conftitution. And when the laid lifts fliall 

be received at the oflice of the fecretary, the feals thereof 5^*^''^^^7*°?'^"^ 

mail not be broken ; but the fame Ihall be fafely kept en- entire. 

tire, as they wer,.' received, until delivered by him to the 

two branches of the General Court, at the commencement 

of their next fefficn, to be by them examined agreeably ta 

the Conftitution. 

Sect. 2. Be it further enacted. That it fhall further be 
the duty of the feveral feleftmen, clerks and afleffors, afore- Duty of seiea 
faid, to make and feal up a feparate lift of the perfons voted "^^JJ: ^*^- ^^|' 
for as Counfellors and Senators, in the feveral towns, dif- £saud seniors 
trid:s and plantations, and tranfmit the fame to the Secre- 
tary of the Commonwealth, or to the Sheriffs of their ref- 

pecfive 

* This aA was returned by the Governor with •bjetilioas ; but was paffed by ih'> 
Legiflature notwithflauding. 



4 ELECTION3-CHESTERVILLE. Fck 3, An. 1807- 

peclive counties, according to the provifions of the Con- 

hitution. And when the f-iid lifts (liall be received at th.. 

■ office of the Secretary, tiie leals thereof (lull not be broken ; 

tZ.:":Z bul the fame fliall be lately kept entire, as they were rece.v- 

eii.cred to »u. , ;j delivered by him to the Governor and Council, oi 

""''• to the executive authority of the Common wealtli, for Jie 

thne being, to be by them examined agreeably to the Con- 

^"s'eot"' 3. Be it further enacted. That when the returns 

of votes' from the feveral towns, diftric^s and plantation, 

within this Commonwealth, tor Reprefei,tat.ves in Con- 

,„,v.rse„c.. g ri-s for their feveral diftrifts, fiiaH be -ceived n the 

^,,rfpea,„g«. Secretarv's office, the feals tiiereof (hall not be Osokcn , 

urns oh-otes for -"='-'='■ 1 „ nUofofcl-. Wpnt pntir" as they were re- 

.uprrfe..tauve> but the fame tltal! be latU, Kept enur., / 

. Ln^rrf.. ^^;^^d until delivered by him to the Governor and Coun^ 

cil orto the executive authority ot tbe Commonwea th 

for the time being, to be by them exammed agreeably to 

'^'sect 4-. Be it further enaeted. That the felectmen of 
the eve'rattowns a^d diaric:ts, and the aAeilors of the lev, 
eral unincorporated plantations, as aiorefaid, ihall hereat- 
?er before entering on the execution of theirreipective ot- 
ter, oetme e b ^ confc entious fcruples, 
sdeflmen and fices, take an oath, oi it tney nave cu „. f , 
AfTeffors to be affirmation, according to law, before iomejutice ot tne 
peace or the cl'erk of the%wn, diftricl, or plantation, where- 
of theV a e feleclmen or affeffors, faithtuUy and impartially 
to dUtha ge the duties of their office refpectms all elec-bon., 
ind theremrns thereof ;. and a certllicate ot faid oath oi at- 
firmat^nlliall be recorded in the records of fucn town, d.f- 

tricl, or plantation accordingly. 

[This ad paifed JiiHi? 24, ISOO. J 



CHAP. XXVII.. 



Ereatnliie. 



An aato rectify and cftabUth the line between th« Jo^™^- 
orChefterviUe and Farmington, m the county of Kenne- 
beck. 

Whereas, in the aa incorporating the town of 

Chefterville, a miftake was made in one or the lines, which 

general Court affcnMcd and hy <'^'"'^'l^^i^^ 
That the line between the towns ot ChefteiviUt and t^-" 



ingtor 



Fishery. Feb, S, An. 1 807. 

ington fliall hereiifccr be as follows, viz. Bcginiiing at the 
/:oniluence of the ftream called the Little Norvidgewock jjoundanc 
with Wilfon's Stream, and down faid ftream to its conflu- 
ence with the Ifream called Sandy River. And the faid 
line between the towns or Cheilerville and Farmino-ton, 
fliall always be conhdered, held, and taken to be a line 
drawn on the middle of faid Wiifun's Stream, by the courfes 
it runs, from its confluence with the waters of the Little 
.Norridgewock, to the confluence of its waters with thofc 
of Sandy River. 

[ This act pafTed February 3, 1 807.] • 



CHAP. XXVIIL 

An act, in addition to an act, entitled " An act to regulate 
the catching Salmon, bhad and Alewives, and to prevent 
obilruclions in Merrimack River, and in the other rivers 
and ftreams running into the fame, within this Common- 
■wealth, and for repealing feveral acts heretolore made for 
that purpofe. 

Sect. L I>E // enacted by the Senate a72d Houfc of Rep^ 
refcntatives, /?2 General Court a[fembkd^ and by the author'iiy 
of tbefanu\ That fo long as any miil or mills, or mill dam, 
Ihail iland and be kept and maintained acrofs Beaver-brook, 
in the town (vf Dracut, at the place where the mills of Jofliua 
Bradley now iland ; the owner or occupant of fuch mill 
or mills, and mill dams, Ihall be required and held to keep 
open a palTage or fluice way for the fifh to pafs up and 
down through the lame, which fliall not be iefs than lix and occupants 
feet wide ; and the waters therein, not Iefs than fix inches "" 
deep J and the owner, or occupant of fuch mill and dam, 
fliall be holden to keep the faid paflage or fluice way below 
the dam in good repair. 

Sect. 2. Be it further enacted^ That fo long as tlie own- 
€r, or occupant of fuch mill or mills as aforefaid, fliall caufe 
to be made and kept in good repair, and left open Aich pafT- f^immg com 
age or fluice way, through fuch dam or dams, of the dimcn- tioas— not Uat 
fions and depth of water aforefaid, fuch proprietor or occu- ^'^ F'^^-'^""°* 
pant fliall not be fubject to any profecution under or by 
virtue of the aft, to which this is an addition, nor to any 
forfeiture or penalty therein contained. 



obligation* i 

quired of'Avnc 



Sect. 



CORONERS. f^^' 6' ^n- ^S^"*- 

Sect. 3. And he it further enacted. That this ad (hall 
continue and be in force for the term of three years from 
the paflinff thereof, and no longer. 

[This aa paffed Feb. 3, 1807.] 



CHAP. XXIX. 

An aa in addition to an ad, entitled « An ad, defcribing 
the dutvand power of Coroners," and for repealmg an 
aft paffed the feventh day of March, eighteen hundred 
and lix. 

Sect. 1. Be // enacted by the Senate and Houfe of Repre- 
fentatives, in General Court ajembled, and by the authority of 
' the fame. That every Coroner, within the county tor 
Dutyof core which he IS appointed, fliall, after the return of an mquifi- 
Sir' tion of the Jury, upon the view of a dead body of any ftran^- 
eer bury faid body in a decent manner ; and the expenles 
thereof, together with all the expenfes of faid inquifition 
and the Coroner's fees, fhall be paid to faid Coroner out of 
the Treafury of this Commonwealth, an account ot lai<4 
expenfes being firft examined and allowed by the General 
Court in the fame manner that accounts for State paupers 
are allowed. Provided, the Coroners who ftiall return the 
Provifo. inquifition, fhall certify under oath, that the perfon found 
dead, was a ftranger, not belonging to this Commonwealth, 
according to the beft of his knowledge and belief ; other- 
ways, th? expenfes of taking up and burial, fliall be paid to 
fuch Coroner, by the town where fuch dead body was 
found, and repaid to them by the town to which laid itran- 
ser belonged, if an inhabitant of this Commonwealth ; and 
the expenfes of faid inquifition ftiall be paid to the Coroner, 
by the county in which the inquifition ftiall be taken. 

Sect. 2. And be it further enacted. That an aft, m ad- 
dition to an aa, entitled, " An ad, defcribing the duty and 
power of Coroners," paffed the feventh day of March, one 
thoufand eight hundred and fix, be and is hereby repealed. 

FThis aa paffed F&b, 6, 1807.] 



A<3: repealed. 



CHAP. 



i. WOOD— OXFORD S. GORE. Feb. 6, An. 1S07. S 

CHAP. XXX. 

An aft to authorise John Wood to build a Mill Dam, witji 
a pafTage way, acrofs Aponeganfet River, in the town of 
Dartmouth. 

r)E it enacted by the Senate and Houfe of Repre^ 
fcntatives^ in General Court ajfemhled^ and by the authority of 
ibefafue, Thaftmder the direction of the Selectmen of the ^^^ 
town of Dartmouth, for the time being, John Wood, of thonzed vo buij 
the faid town, is hereby authorized to build a Grift IMill, ^ ""^' ^c. 
and for that purpofe to erect a Mill Dam acrofs Apone- 
ganfet River, in the faid town of Dartmouth, with a fulH- 
cient pailage, or fluice way, for the paffing of fuch velfels, 
boats, or rafts, as may go up faid river, free from any expenfe ** '"^^' 
to the paflengers or their vellels. And the faid paflage 
way fhall be at leaft twenty-two feet wide, and the 
place, and the manner of building the fame, and the times 
and circumilances of paffing the lame, fhall at all times be 
regulated and direfted by the Sele6lmen of the faid town of 
Dartmouth. And upon the refufal or neglecl of faid John 
Wood, his heirs or affigns, to open the flood gates, when o/negK. 
^equefted and when practicable, he fhall forfeit and pay to 
the perfon making the requeft, for each offence, the fum 
of two dollars, to be recovered before any juftice of the 
peace for the faid county of Briftol. Provided always, that prov]u>. 
nothing in this act fhall be conllrued to prevent owners of * 
meadow or marfh land, which may be flowed in confe- 
quence of faid Dam, from recovering the damage fiiflained 
thereby. 

And provided alfo^ That a pafTage way, to and from the 
Ship Yard of the laid John Wood, to the great road, fhall 
always remain free for the ufe of the inhabitants of faid 
town. 

[This ad pafTed February 6, 1807.] * 



CHAP. XXXI. 

An act to annex a part of a traft: of land, commonly called 
The Oxford South Gore, with the inhabitants and ef- 
tates thereon, to the town of Oxford. 

ijE it enacted by the Senate and Houfe of Repre- 
fentatives, in General Court afjeinbled, and by the authority of the 
fam?^ That Lemuel Cudwgrtb, Craft Davis, Ezekiel Davis, 

David 



BAY'S ACADEMY i... 6, An. 1 sot- 

"\:ZS^ t\A"e;^nedThn Le"&he 3d, living on, or be ng 
,rd. Jonn l^earnea, j j between the towns of Dud- 

owners, of/ '"'^."l.'^fo.y cSmmonly called The Oxford 
ley, P°"Sl^^'/"'1.0;'*^°^,^' ~^Jii;3 of Dudley, and 
South Gore, together wthJame^ ^ lands, in that 

all other the inhabitants living on, o o ^ ^^.^.^^ ^^^^ 
part of faid Gore, hereby ^et off vuUi ^^^ 

eftates, although "ot P^'"^"^^V^Xd as the fame is def- 

without the line of Ae w^'" f ^-^f Ji\ereby are annexed 
jS . cribed by the followu,g bounds, be, and her ^ ^^_ 

to, and -^f.^; P;;-\f^, "J: he-acorner, between Dudley 
^ loimdary. mnning at the line, at tne lou , . r decrees wefl, 

f nd oSford, and running nouh ^^^'^^^ ^j|ht degrees 
three hundred ^"'l i'^''^';:'"^ Js!'thence north, eight de- 
north, two hundred ^"f^f " ™'^;;„ huUred a^d thirty- 
grees and twenty n^>?«^^Y^f„' ^^^es north, three hun. 
?wo rods ; thence eaft "S^ ^nce fouth, two degrees and 
dred and eighty-eight -^o*^ ' ."d" hir eon rods ; thence 
forty minutes weft, «"« h»f ^ea and t ,• hty-five 

„fe corner ^f^^^^^^^, ,,,,^ry 6, 1 807-] 



CHAP. XXXII. 



.1 „ ,fl-= nlreidv made, for eftablifh- 

fentatives, in General ^"«f j/^'XAccade4y,be, and they 

, ,„,.. ....Jthefame, Tl>^\5^„^^™ ^nlle-Polered to ent r into any en- 

' tod. hereby are ^'"thou^ed and e p ^^^^ ^,,„ai they may 

gagements, and to ™X! ,^";„(es of the faid corporation, 
iudee proper to effecl the P^'POJ' j,,,. f.^ld truftees be 

^ Sect. I. Be it further «««'/' /\'';, ,,^a to hold any 
,, and they hereby are «™P°^^'=':t'^?"t«fore given, or which 
Zt:Z^ uX m'onies or other P-pertyher^eW^^^^ 
bequeathed to f^y^ hereafter be g'^'=,"^S'^" „f,\,r. In trull, for the uie of 
--^"^- Ihe faid truftees -^ Aeir fuc Jor , ^ ,^^^^ ^^ 

the aid Academy ; on fuch terrtis ^ni 



DISTRIBUTION OF FISH. Feb. 6, An. 1807. 

and provifions as may be exprefTed In any deed or inftru- 
nieut of bequefl or conveyance, made to them : Provided, vtovMot 
the amount do not exceed the lum fpecified in a former ad. 
[This ad palled February 6, 180?.] 



CHAP. XXXIII. 

An ad, to prevent the deftrudion of the fifh called Shad *" 

and Alewives, in their paffage up' and down the river 
and other ftreams in the town of Orrington, in the coun- 
ty of Hancock, and for regulating the taking and difpof- 
ing of faid hfh. 

Si CT. 1. r?E // enact'jdhy the Senate and Hoiife ofRepre- 
fentatives, in General Court ajembled^ and by the authority of 
the fame. That the inhabitants of the faid town of Orring- inhabitants au- 
ton, at their annual meeting in March or April, be and are ^horbed. 
hereby authorized and empowered to choofe a committee 
of five or more perfons, to fee that the laws refpeding the 
pafTage-ways for faid fifli be obferved ; and each perfon fo 
chofen, fliall take an oath faithfully to difcharge the duties to^''""'^^' 
required of him by law ; and faid committee ftiall overfee 
X]\Q taking of faid fifh, in faid town, and (hall diftribute the -Thdrd-*ty. 
filh taken by them or under their diredion, as equally as 
circumif ances will admit, to fuch of the inhabitants of faid 
town, and others, as may apply for the fame ; and for the 
fifli fo fupplied and delivered, the committee aforefaid Ihall 
demand and receive of the perfon or perfons receiving faid 
fiih, payment therefor, at fuch rate or rates, as the inhabit- 
ant3_ of laid town, at their annual meeting in March or 
April, may dired ; excepting of fuch poor perfons as may 
be named in a lift, to be annually made out by the Seledmen 
of faid town, and who, in the opinion of the Seledmen, are 
unable to pay for the iame ; which lift fhall be given to' the 
committee, and the perfons borne on the fame, Ihall be fup- 
plied with fuch quantities of faid fifti, gratis, as the com- 
mittee may think expedient ; and the committee aforefaid ^ 
may have fuch allowance for their fervices, as the inhabit- cZ^^^t^"'"' 
ants of laid town, at the time of appointing fliid committee 
fhall determine ; and fhall annually, in the month of Sep- 
tember next, following their appointment, exhibit to the 
Seledmen of faid town, their accounts for fettlement, and 
allowance, and pay the balance remaining in their hands 
if any there be, to the treafurer of faid town of Orring-ton! 
for the town's ufe. ^^^^' 



p 



it> 



DISTRIBUTION OF FISH. 



Teh, 6, An. 1807. 



\ *owers of the 
'jominiltee- 



Sect. 2. And he it further enaBcd hy the authority afore- 
faid That the faid committee, or the major part of them, 
be and are hereby authorized and empowered to open any 
dam, or lluice ot any mill or other water works erected or 
that may be erecled on faid river, or acrofs any of the 
flreams in faid town, at the expenfe of the owner or own- 
ers of fnch dam or fluice, provided, fuch owner or owners 
Ihall neded to open the fame, when thereto requefted by 
faid committee, or the major part of them, as aforefaid ; and 
the faid committee fliall alfo have full po^vers to remove 
any other obftruftion that may be rriade to the free paflage 
of faid fife, in the river and ftreams mto the feveral ponds ; 
and for their repalTmg from faid ponds mto the fea. And 
the faid committee, or either of them, going, or paffing on 
or acrofs the land of any perfon for any of the aforemeu; 
tLed purpofes, feall not be deemed or held to be trefpalT- 
e^; and any dam, or lluice, or paffage-way that may be 
opened as aforefaid, feall continue open to fuch a depth and 
Sh, and for fuch length of time, as feall be necellary for 
^e paffincT or repafllng of the faid fife as aforefaid ; and it 
, . , any pefon or peiTons feall obft^^^^^ 
retiAity.ncafe any p^ii .^^ w O^irl rnmmittee or the maior part ot them^ 
^obftruaions. ed or ordered by laid commiuec, ui luc i v o^fficrp of 
in any dam or fluice-way, or feall ^bftruct the paflage ot 
them in the river, or any of the ftreams o faid town, fuch 
perfon operfons'fo offending, feall forfeit and pay a fum 
Tot exceeding One Hundred Dollars, nor lefs than Twenty 

^ Sect 3 And he it further enaded by the authority afore- 
r W Thi if anv perfon or perfons, other than faid com- 

-^S^eJ^Se^^n or P-^^^ ^ ^^^ ^^^^S 

"*■ nloved under leafe or contracT:, as the caie may De, inau 

t'Sany of the faid fiJh in the river, or any part ot any of 

he ftrelms in the faid town, at any tinae, or by any -'ajs or 

means whatfoever; each perfon, or vfor.^iooS^^^^%, 

ihall forfeit and pay a fum, not exceeding T^fyfi^'' ■""'- 

Tars nor lefs than Ten Dollars for every inch offence. 

Sect 4. And he it further enaded by the autbonty afore- 

: • ■ , r.;^ That the town of Orrington, at their mee ing u 

^^lU^S^feTor A* 1, annually, fhall W"' P^^'^" fe'lh 
hid rK-er and in each ftream in laid town, where faid fil 
ty be taken ; and the committee cho en - f je^a.d, & 
ap/oint four days in each Wro-^ ^ ^Jlfcall' be 
X": ^"Adlfct'up n'otS^ns in two public places in 
f ^d towifthe tim« and places of taking laid filh; -d 



COURT OF SESSIONS. Peb. 7, An. 1807. 

faid committee fliall have power to let or farm out to the 
highcll bidder any of faid filliing places in faid town, (ex- 
ccpancr thofe owned and held as private property, in cafe 
there Ihould be any fuch) to be under the dircc1:ion of faid 
committee, as atorefaid. 

Sect. 5. And be it further enacted, by the authority afore- 
faid. That all penalties incurred by the breach of this acT:, Treafurerau 
may befuedfor and recovered by the Treafurer of faid thorized to p 
town of Orrington, for the time being, in any court in the '*'''^''' 
county of Hancock, proper to try the fame ; and all fums 
io recovered, Ihall be appropriated to the ufe of faid town 
of Orrmgton. And in cafe any minor or minors Ihall 
oflend agamft any part of this ad, and thereby incur any 
of the penalties aforefaid, in ail fuch cafes the parent, maf- 
ter or guardian of luch minor or minors, fhall be anfwera- 
ble therefor ; and in cafe of a profecution of fuch minor or 
minors, for any fuch offence, the aclion Ihall be commenced 
agamft the parent, mafter, or guardian of fuch minor or 
mmors, refpec'fively ; and judgment be rendered, againft 
any parent, mafter, or guardian, in fuch cafe, in the fame 
maimer as for his or their perfonal offence ; and no perfon 
by reafon of being an inhabitant of faid town, or one of 
laid committee, fhall be thereby difqualilied from bein^ a 
witneis in any profecution for the breach of this act. 
[This ad paffed February 6, 180?.] 



CHAP. XXXIV. 



An acT: in addition to an acl, entitled " An ad eflablilli- 
ing the times and places of holding the Courts of Com- 

CoTnt'y'^f Y^c!!-!."^^"^^ '^"^"^^ ^' ^'^ ^--' - ^^^ 

Sect. 1. Be // enaBed by the Senate and Houfe of Rehre- 
>/^/.^.., /« General Court affembled, and by the authority of 
the fame 1 hat from and after the paffmg this ac% the term . 
of the Court of Common Pleas, by the ad to which this is 

ford in'?"'. P '^^^^^'^^'^ '"^ ^T'""^ ^^ ^' ^''^^ ■'' ^^Jde. c'^cJ^S 
fold ir faid County, on the firfl Monday of January an- p^^«- 

fiift Monday of January, annually ; any thing in tlie ad to 
Which this IS in addition, to the contrary notwithffanding- 
rye.}Tlw\ ^'}'f'f''J''' '^'?^'^^ ^"^^^ all actions, fuits, apl 
pealb, plaints, biIlsinforrr.ation3, recognizances, and things 

whatfoever;, 



INSURANCE COM. COR. Feb. 9, An. 1807. 

whatfoever, now pending by continuance, Weal, or other- 
wife ; or which may be hereafter commenced, tobe heaid 
Tnd tried at the Court of Common Pleus, to be nolden at 
Biddeford aforefaid, on the faid &« Monday of January 
Ihall be continued to, have day m, aaed upon h«"d and 
tried at the Court of Common Pleas, appointed by this act, 
to be held at Alfred aforefaid. _ , „„_ n 

[This ad paCTed February i, 1»07.J 

i CHAP. XXXV. 

An ad to incorporate William Widgery and otl^^rS; ^%° ^ 
Company, by the name of the United Marine andFue 
Infurance Company, in Portland. 

Sect 1 . Be it enacted by the Senate and Uoufe of Repre- 

J^Ji^s, in General Court afen.Mcd, and h <^e author uy^^t^ 

.fasinc„rpo-^«„„. That William Widgery ^"1^" ""^'^i'.lho'^^y^^^^^ 

•"•■ fter Jofiah Cox, Albert Newhall, William Uadwick, ^a 

fhaA KwLn, and Elijah Elder, together with u^^^^^^^^^^ 

as have already., or hereafter "^^Y become _&tockholde. sm 

faid Company, being citizens of the United St«^^'''^;f^'' 

hereby are incorporated nto J "'J^P^^y' °Vire Iriurance 
hv the name of the United Marine and lire Inlurance 
cUpany of Portland, for the term of twenty years from 
Vhe mffin<v of this ac-l ; and by that name may fue, and be 
LTp"u" ° K ;iead or be ii^pleadei , appear, profecute and de 
fend to final judgment and execution ; and have a -on.nion 
f Switch tiie/may alter at pleafure -, -'I -yj-,';'^^^^^ 

hold and convey, any Eftate, real "'IP.^f""^ \e°ein at^ r 
of fsid company, fubjecl to the reftricTnons herein attei 

" Sbct"1: Be it further enacted, That the Capital Stock of 

faid company, eicluhve of premium, notes ^fV'f^^ 

at^inXm flid bufmefs,fliall confift of one Imndred thoufa.d 

dTars, and ftiall be divided into fhares of one bunded do- 

.v„,o„n. Of cap fj^ ^^'eh, of which Capital Stock twenty thoufand dollars on- 

''^'" Kr IVnll he invefted in real eftate. 

^f^l I Be it further enacted. That the ftock, proper- 
ty, affliVs! and con4rns of faid company, "-' "-S^.d 
^,^„ .0 tc and condufted by feven directors, one o w^ om M b. 
..„,.„aiiych.fci.. theprefident thereof, who fliall hold then olliccs M' " 
year, and until others are cholen, and "° l-i^S^' ™ 
^ircaors fliall, at the time of their being elecf ed, be^flock- 



INSURANCE COM. COR. Feb, 9, An. 1807. 

Jiolciers and citizens of this Commonwealth, and iliall be 
clecled on the lirft Tuefday in April in each and every year, 
at luch times of jhe day, and at fuch places in the town of 
Portland, as a majority of the dircflors for the time being 
ihall appoint ; of which elccTiion public notice fliall be giv- 
en, by porting up notice thereof in two public places in laid 
town, and advertifmg the flime fourteen days, immediately 
preceding fuch election ; and fuch election' fliall be holden 
under the infpeclion of three ftockholders, not being dirtd- 
ors to be appointed previous to every eledion by the di- Eieaed b 
rectors ; and the elecT:ion of the directors fliall be made by ballot. ^ 
ballot, by a majority of votes of the ftockholders prefent 
allowmg one vote to each fiiare in the capital ftock : Pro- p^ovifo 
"Jided, that no ftockholder fliall be entitled to more than 
twenty votes, and the ftockholders not prefent may vote by 
proxy, under fuch regulations as the faid company fliall 
prefcribe ; and, if in cafe of any unavoidable accident, the 
laid directors fliall not bechofen on the firft Tuefday in A- 
pnl, It fliall be lawful to choofc them on another day, in 
manner herein prefcribed. 

Sect. 4. Be it further enacted. That the dlredors fo | 

chofen, fliall meet as foon as may be after every eleftion, Sf''^ 
and inafl choole out of their body one perfon to be Prefi- 
dent who fliall prefide, and be fworn faithfully to difchar^e 
the duties of his office ; and in cafe of death,reri2:nation or 
mabihty to lerve, either of the Prefident or any of the di- 
rectors, fuch vacancy fliall be filled for the remainder of the 
year 111 which it may happen by a fpecial eledion for that 
purpoie, to be held in the fame manner as is herein before 
directed refpecling annual elections for Dircdors and Prefi- 
dent. 

ScT 5. Be it further enadcd. That the Prefident and Number to coi 
tour oi: the Diredors, or five Uirec1:ors in the abfence of ^'"'' ^ ^1"°'"^ 
the Prehdent, fliall be a board competent to tranficT: bufi- 
nefs ; and all queftions before them fliall be decided by a 
majority of votes j and they fliall have power to make and -Powers. 
prelcnbe fuch by-laws, rules and regulations, as to them 
Ihafl appear needful and proper, touching the manajrement 
and conduct: of the feveral officers, derks and fervams em- 
ployed, and the eledion of Diredors, and all fuch matters 
as appertain to the bufinefs of Infurance ; and fliall alfo 
have power to appoint a Secretary, and fo many clerks and 
lervantsfor carrying on the bufinefs, and with fuch falaries 
and allowances to them, and to the Prefident, as to the faid 
ooardxhallfeemmeetj /.r^-V^^/, that fuch by-laws, rules 

and 



INSURANCE COM. COR. Fch. 9, An. I &01. 

and regulations, (h.U not be repugnant to the conftitution 
nnd la s ■ f his Commonwealth. n . i 

Sect (! Be it further enacted. That there flrall be ftated 
: .. ., «.,e. nKcdngs or the liiieaors, at leall once in every -onth and 
'' "kern-ect- ^, ^ft^" ^ each month as the Prehdcnn and Board ot Ui 
■■ reftors Ihall deem proper ; and the Pr. iidcnt, and a com- 

mktTe of three of Ihe Dir^tors, to be l,y him appo,nted m 
r^UtTon, fcall affemb.e daily if need be, ^o^^^^^^, 
bufmefs ; and the faid board of Dux-ctoi s, a.id the ™!amit 
teeXrefaid at and during the plealure ot laid ooa.d, ihall 
ha^v potrandauthority:on behalf ol,^^^^^^ 
„.h„pow»,. nrnke all kinds of n.arine inlurance, agatn In e, u u an^e 
on lives, and on inland tranfportation o ^ S«"^'' ^^ ""^ '';fl 
merchandize •, and generally to tranfea •^"'i P^ '°^^^^'^ 
the bufmefs relating to the objects ^"^f^f^^^lti^", 
premium and terms of payment ; ana all Pf ^'ff ™^;7J, 
nnre bv them made, ihall be fubfc ibcd by the Pi.haent, or 
rcafe'orh™death:ficknefs, inability <- abfence by a 
wo Directors of faid company, and co«nten%'^-'-d bj U o 
ciprr-tarv and fliall be b ndmg and obligatory on tnc 
■ Xny'f and the affured ri^ay maintain an action upn 

the cafe againft the laid company, ^"^ ^11 caks du^y ar ing 
under any policy fo fubfcribed, may be adjuiledand lettiea 
by the Prehdent^nd Direftors, and the fame fliaU be bmd- 

'""ITjTTPfirther enaaed. That it fliall be the du- 
• tyofth;Dire,4ors,4nthe firft/ruefday of July and Ja,^^^^^^ 

ft 1 be Undetermined and outif andmg «;'- "- f ;-^; 
. Ma«.,ce,u„t,- ing fuch dividend, ihall not be confideied ^'^ P''" "'^^ 
^-"--°^r^fitsofthecompany;_andmca^ 

^r?o :etX'ftocrh:^^^^^ f U ^e holden ac. 

I fl^ble^ortl.def.ien^ 

i^eS company by aMVn^^^^^^^^^^ 

^: ftenrdi^dr^fcSib:!^^^^^^^ 

d minuti:.n ihall have been added to the capital ; ncUl -^^^^ 
once in every year, and oftene,-, it requn ed by a "a^out^, 
of votes of the ftockholders, the directors fhaU Uy be on 
the ftockholders, at a general meeting, an e^ad and pai c 



INSURANCE COM. COR. Feb. 9, An. 1807. 4 

ular ftatement of the profits, if any there be, after deduc- 
ing lofles and dividends. 

^br.CT. 8. Be it further enacted^ That the faid company 
fliall not directly or indirectly, deal or trade, in buying or Appropriations 
felling any goods, wares, merchandize, or commodities '^-'^P''^' ^o*^'^- 
whatfoever ; and the capital ftock of faid conipany, fliall, 
within fix months after being collected, at each ijiltalment, 
be inveltcd either in the funded debt of the United States, 
or of this Commonwealth, or in the (lock of the United 
States Bank, or of any incorporated Bank in this Common- 
wealth, at the difcretion of the Prefident and Directors of 
faid com.pany, or of any committed which the proprietors 
fliali appoint for that purpofe. 

Sect. 9. Be it further enacted, Thdit fifty dollars on ea.ch. 
fliare in faid company, fliall be paid within four months af- made. 
ter the hrit meeting of faid company ; and the remaining 
lums due on each ihare, within one year afterwards, at fuch 
equal inflaiments, and under fuch penalties, as the faid 
companies fliall direct ; and no transfer of any fhare in faid 
company fhall be valid until all the inflaiments on fuch 
fhare fhall have been paid. 

Sect. 10. Beit further enacted, That in cafe of any lofs 
or lolfes taking place, that fhall be equal to the amount of certain i! ^"^ 
the capital ftock of faid ^mpany, and the Frelident or 
Directors after knowing of fuch lofs or lofTes taking place, 
fhall fubfcribe to any policy of infurance, their eftates, joint- 
ly and feverally, fliali be accountable for the amount of any 
and every lofs that fhall take place, under policies thus fub- 
fciibed. 

Sect. 11. Be it further enacted. That the Prefident and Further duty ci 
Directors of faid company, fliall, previous to their fubfcrib- DireAors. 
ing to any policy, and once in every year after, publifh, in 
the public newfpapers, the amount of their flock, and a- 
gainft what rifK-s they mean to infure, and the largefl fum 
they mean to take on any rifk : provided neverthelcfs, that 
the faid Prefident and Directors, fhall not be allowed to 
take more on any one rifk, than ten per centum of the a- 
mount of the capital ftock of faid corporation actually 
paid in. 

Sect. 12. Be it further enacted. That Ellas Thomas, 
Jofhua Richardfon, and Jofiah Cox, or any two of them, are Perf'^ns amW- 
hereby authorized to call a meeting of the ftockholders of meeting. 
faid company, as foon as may be, to be liolden in Portland, 
by advertifmg for two weeks in the Portland neu^fpapcrs 
previous to fuch meeting, for the purpofe of electing the firfl 

board 



;'^ U. BANK— B. BANK. Feb. 10, An. 1807. 

board of Directors, who fliall continue in ofiice until the 
1 lirilTuefday ot" April, in the year one thoufand eight hun- 

' dred and eight. 

)'" Sect. \S. Be it further ena^ed. That no perfon being 

!j^'.'-'''''"y ^^2. Diredor in any other company carrying on the bufineis 
of marino infurance, fliall be eligible as a Director of the 
company by this ad: eftabliHied. 

SiiCT. 14. Be it further enacted^ by the authority aforcr 

To fiihmit to faid. That the Prefident and Directors of laid company,ihall, 

Legiiiative ex- when, and fo often as required by the Leofiflatiire of this 

Commonwealth, lay before them a llatement of the affairs 

I ot faid company, and fubmit to an examination concerning 

the fame, under oath, 

[ i his ad pafTed Feb. 9, 1 807.] 



Diredlors to be 



CHAP. XXXVL 

An aft, in further addition to an act, entitled, " An act to 
incorporate fundry perfons by the name of the Prefident 
and Directors of the Union Bank." 

1>E // enaded by the Senate and Houfe of Repre- 

fentati-vcs^ in General Court affembled^ arid by the authority of the 

' ^^a\ntcd \n"^ fa?ne^ That there fha!l be appointed, on behalf of this Com- 

feehait of Lhe monwealtli, fix directors of the Union Bank Corporation, 

ommonwea -^j^^ {hd!i\ be cliofen by joint ballot of both Houfes of the 

Legillature ; and who fliall continue in office until the firft 

Monday in September next j and that there fliall in like 

manner, annually, be appointed fix Directors of the laid 

Bank, who fhall continue in office one' year from the day 

next preceding the faid firft Monday in September : Pro- 

Frovifa 'vided. always^ that the Directors to be appointed, in purfu- 

ance of this act, fhall not be entitled to claim any allowance 

for any fervices they may render as Directors of faid Bank. 

[This act palled February 10, ISO?.] 



CHAP. XXXVII. 

An act, in addition to an act, entitled, " An act to incor- 
porate the Prefident, Directors, and Company of the Bof- 
ton Bank." 

!;>£ it enacted by the Saiate and Houfe of Rcprc- 

fentativcsy in General Court affeinblcd, and by the authoiity of 

thefame^ That there fliall be appointed on hehalf of this 

Commonwealth, 



DEERFIELD. ' Feb. U, Ah, 1807. 4: 

Commonwealth, fix Directors of the Boflon Bank Corpora- Dire<aors to be 
tion, who ihall be cholen by joint ballot of both houies of ^pff -'ted on 
the LegiQature, and lliall continue in office until the firil commoiwclith 
Monday of June next ; and that there fliall in like manner, 
annually be appointed, fix Directors of the fiid Bofton Bank, 
who fliall continue in office one year from the day next pre- 
ceding the faid firfl Monday in June. Provided aiivays^ Proviso. 
that the Diredors to be appointed in purfuance of this adf, 
Ihall not be entitled to claim any allowance, for any fervices 
that they may render, as Diredors of faid Bank. 

[This ad pafTed February 10, 1807.] 



CHAP. XXXVIII. 

An acT:, in addition to an a^, entitled, " An acb authori- 
zing the town of Deerfield to loan the intereft of certain 
monies in the Treafury of faid town. 

15<? it enacted by the Senate and Houfe of Repre- 
fentaihes, in General Court ajfembled, and by the authority of 
the fame. That the inhabitants of the town of Deerfield, in inhabitants em- 
their corporate capacity, are hereby authorized and em- powered to ip«r 
powered, to fequefter and apply, all monies that now are, or '''°"^^'' 
hereafter may be in the Treafury of faid town, not other- 
wife appropriated, not exceeding the fum of live hundred 
dollars, to a fund, already eftabhfhed by the acT: to which 
this is in addition, for the fupport of the miniflry in faid 
town ; which money, when fo fequeftered and applied, fhall 
be confidered as a part of the fund above mentioned ; and 
ftiall be proceeded with in the fame manner as is already 
provided in the acl to which this is an addition : Provided, Provifo 
however, that nothing in thisAct fliall be fo conflrued, as 
to hinder or deprive any per^n or perfons, who are of a 
different reHgious denomination from thofe to which faid 
fund now belongs, in fiid town, from drawing his or their 
juil proportion of all monies fo to be fequeftered and appli- 
ed, by his or their applying for the fame. 

[This acl palled February 1 ] , 1 80?.] 



CtlAP. 



8 GREEN'S HARBOUR MARSH. Rl>. 11, A«. iSol. I 

CHAP. XXXIX. ' 

An aa, to eftablifh a Corporation for tlie purpofe, of drain- 
ing Green's Harbour Martti, in the town of Marftfield. 

Sect 1 BE it enacted by the Senate and Hoiife ofRepre- 
P»to ineor. u^tatlJes, in General Court ajemhledandhy f «f ""'X// 
p„,.,«i. J I I- ; That Ifaac Window, Lulce Wadfwonh, Jodah 
Thomas and Benjamin While, proprietors m Green's Har- 
bour Ma\4, in the town of Marihlield, together wuh their 
.ff^ri tes and fuch others as may hereafter ailociate with 
ttm and their heirs and fucceffJrs, &a!l be a Corporation 
bv the name of Green's Harbour Canal Company, with a.l 
the powe "^"d privileges incident to fim.lar Corporations; 
for Ae purpofe of draining the ftagnant water on G. een s 
Harbour Marfh, in the town # Marfcf.eld, and for better 
fmlvLg faid Mar(h,by ereSing dikes or removing bars 

Zi:l^\S:to mxfeo; Plymouth bay, and V.aild^ 
inta bridae or bridges acrofs faid canal or canaL, it the 

f L fhoull interfec^ any Pf -'\- P"^' and 'tin'd Vufe 
\..r thp nime aforefaid, may fue or be fued, and do ana iunei 
llteventher fimiUr bJdies politic may or ought to do 

'"sIc?'<A And be it further enacted. That any Juftice of 
,„(Kceset.pow- J'^'^ '^^ V f countv of Plvmouth, be, and he is hereby 
;t:,f' t:^:Z2l^ltSX,<;n application mwriting,from ^ 

enipuvvci*^ Prnnr ptors to iliue his waiiant 

rie'o7th: ZpHl'ts'SitreW-Sf ■; - ^^^ 

°rw,rn a meeting of faid i'roprietors,xat iuch time and 

£e as he ilTJl thilk moii convenient, the.purpoles to be 

Sreffed in faid warrant, bipod-g "P -jnes o i^id wa^^ 

„n\whh the notificavu^n^ftreon t .he fou^ 

r ^uro^fVSgiiiit^^^^^ 

when leo-ally affembled as atorelaid, ihall ti^ve po«" 
lofe a-cleJk, committee or co— -'f^ff-'^^^ort"^ 
— - ^f •teM^ilfcWe ^f the': If^ r ^c^^d^in Uie^ and con^ 

— t::^^^^^^ - .tih^otc^^rcU^ntd 

• -a :ff^% a7to7„X:: oTll'idel-cHption'have by 



GREEN'S HARBOUR MARSH. Feb, 11, An. 1807. 

law. And faid Corporation Ihall, at their firft meetinjr, 
agree and determine upon the nnethod of calling future 
meetings ; and each Proprietor Ihall vote accordino- to the 
number offiiires he holds in jQiid Corporation, Provided, no Provifo 
one I ropnetor fhall be allowed more than five votes ; and 
faid Corporation flvall at their firft meeting, or at any other 
meetmg legally called for that purpofe, have power to vote 
and raile monies for all expenfes that have arifen, or may 
■AViie m draining the marfh aforefaid, or better improve- 
ment of the fiinc, including the making of canals, ereftino- 
dikes, removmg dams and bars of fand, building a brido-e 
or bridges acrofs laid canal, purchafing lands nS:ellary to 
carry the object: of faid corporation into efFecl, as likewife 
paying the damages individuals may fuftain by reafon of 
tnc creaion of the dikes, or digging the canals aforefaid, 
and all monies voted and raifed aforefaid, Ihall be affefled 
on each Proprietor in the marlh aforefaid, in proportion to 
the number of acres, or value thereof, he or fhe may own 
m faid marffi ; and if any proprietor iliall negled or refufe 
to pay the fum or fums aiTeifed upon him or her as afore- 
faid, after fixty days* notice, fo much of his or her marfh 
land aforefaid, fhall be fold as will be fufficicnt to pay the 
fame. With legal cofts, in the fame manner as non-rehdent ' 
proprietors' land, in this Commonwealth, are fold to pav 



^;onTn''f "^'^f !^f ^^' f-^rther enacted. That faid Corpora- Corporation 
tion iHaJ have full power to purchafe and hold any real empowered to 
<^{tate not exceeding fifty acres, that may be neceffliry to ^"^'^^"^^"^^^^• 
carry their defigns into efleft ; and faid Corporation fliall be 
holden to pay all damages which fhall arife to any perfon 
through whofe land faid canal or canals fhall be du^ or on 
wnofe land faid dikes fhall be erected ; when it cannot be 
obtained by voluntary agreement, faid damages to be efli- 
mated by a committee appointed by the Court of General 
oelhons of the Peace, m the county of Plymouth, favin? 
to either party a right of trial by Jury, according to the 
law which makes provilion for the recovery of damages hap- 
penmg by the laying out of public highways. 

[This acl: pafTed February ii , 1 807.] 



G 



CHAP. 



;, BAPTIST SOCIETY COR. ^'>^. li> ^^"' ^S^^' 

CHAP. XL. 

M aa to incorporate a Baptift Society in Windior, in the 
County of Bcrklhuc. 

Sect 1. Re it enacted by the Senate and Houfe of Reprc^ 
fi^es, in General Courtafe.Medand I^J^ ^l^^^^J^^ 
.erfons.ncor. >;.., That Samud A^midon Jolhua Bcals 1 o^^^^^^ 
--^- ina;,Ebenezer Bhnchard, Jofxah Bl^nchad, Stephen Blanch 
nrrl Tpffe Buffev, Amos Bowen, bamuel Chapman, J^zra 

Chapman, jun. Jofeph Dunbar, Samael O^J'^^^;' V"™^;^^^^^ 
Dunham, Smith Eddy, Jeremiah lu-feme ^'J*^'"!' ^^^^b 

X'n'am: of Ae "^^ in WinWi, .-ith all the 
the "=''™J'* ;.r.. " ^ to u-hich other pariOies or rehg.our, 
FoXCs'l'^SJlefU the Conftitution and Laws ot th.s 

""TcrTfe'it further cnacfcd, that any perfon in the 

roKa^^u^rbcom^^^^^^^^^^ 

SXs°p^vCttetn.Xtn°o%a\^^^ 

S fiom a'nd after the giving fuch certiKoUe u.,h hxs or 

"ofSrru ort^m I which he or Are had pre- 
vioufly belonged ,^.,^^^ .^ ^^^, member of 

faid Baptit Sod:t,< ihall at any time lee caule to leave d,e 



J*4icmbers to 
obtaia a certif- 
icate. 



DEERFIELD. iW. U, An, 1807. ,, 

fame, and to unite in religious worfliip with any other re- lu r 
J.g,ous Soaety in foid town, and fhail declare fuch inten- ^1-,^ 
tion in writing, to the minifter or clerk of fucli relimous '!™'>5">'f" 
fociety fifteen day. at leaft before the annual town or S "'"■ 

7T^' '".r "^f P"-^""""/ P^y lus or her proportion of 
111 money ailefled tor parochial purpofes therein, fuch per- 
ion fliali, from and after declaring fiich intention, with'^hL 
oi her poll and ettate, be confidered as belonging to the fo 
ciety to which he or flie has thus united. » t.ie lo 

Sect. 4. ^f"/ be it further enacted, Thut ^ny Judke oi 
the peace for the county of Berklhire, is hereby authorized 
upon application therefor, to iffue a warrant, directed to 
lome member of the faid Baptift Society, requiring him o 

ve^'nt'n^m"""";''^^"'''^ ''-^-f t^'me^t at IchTon! cWce„.o« 
cement time and place as fliall be appointed in faid war- «"• 
1 ant, for the choice of all fuch officers as other parifl.es or 

[This acl paiTed February li, 1807.] 

CHAP. XLI. 
An aa authorizing the town ftreet School Dlftria, In the 

l\J--i'- i " inhabitants of the town ftreet School 
Diftric-f, in the town of Deerfield, be, and they herebv arp 
autiiorized and empowered to raife monev for the pm-pofe 
ot erecting and keeping in repair two or more School 

ITTo t'he r ''"^ ^^-l>'^' '" '■''^ '"^•"^ manner, and fub 
School Air ^T' '^'^",^'°"^' ^^ the inhabitants of other 
bchool Diitncis are authorized to raife money for the nui- 

v°rtie rf f "^;'"^ ''■t^^ '" ^^P^''^ °- SchLl Houfefby 
ZmJ a''^' ""'^'"^' " ^" "^^ ■" ''ddition to an acl 
entitled an act to provide for the inftrucfion of Youth, and 
for the promotion of good education ;" paffed Februarv 
Sd.'" '' '" '''' I''' "' °"^ ^°^''' on 'thoufand dgK 
[This ad paired February 11, isOT.j 



CHAP. 



BOSTON ATHEN^UM COR. I'^^^- '^' ^"- '''''' 

CHAP. XLII. 

An ad to incorporate certain perfons by the name of the 
' Proprietors of the Boilon Athenaeum. 

Whereas, the perfons hereinafter named, 

■la of their affociation IS to iorm ».tai .s th .r m 

Ihall f--"-^ '°'™:,\'™; and XlJe works, ir. an- 
ftnfive colleaion oi iuch r^^- ^"" ,. j, ^^ ,,e ^et 

cient and modern l-S-g-'i,.^V,taeemed ndilpeniible to 
with in our country but ^-^>;;^ a^^^^ ^.„, ^dences. And 

thofe who ^^-""'f PXt d f in of the faid allociates, when 
whereas it is the turtnei a^u^M muftum of nat- 

urai and aitslicial curumi j f ^jnceofexper- 

arranged ; alfo, an app«fo^ , ",rtu a philofophy, and 
iment:, in the various blanches o uati-r v J •' j-^^. 
for geographical improvements as well as a repu ) 
xnod^lslf new and f *"' -^ ti^'an^ m ore efpecia^ ^ of 

c^^tti^rhnSieiSb^^ 

,„ce partiaUy^xraed ~^^^^^^^ 

'f r^oh^S J^^ckmhifteV, oSiah Rkh, the prefent tniftoes 
Siaid\"Sion,'tosether with i-h oUier perfon or 
;,.rrons as fliall from time to time be duly ad.mt.ed mem, 
r the fo d affociation, according to the ™les orcU-is 
and c nditions which {hail or may trom time to .me be ^ 
SabUlhed by the bye-laws - -|"^-"L1 far'^^br/nd 

fe l':ret;r c=n Sy POH^^C and corporat'e bv^ 
they haeDy aie . f ^^^ Lofton Atnena^um ; 

- *Xr .i/« rh"lUnd may fue and be fued P^^^^^^^^ 

,^„,,.„. and bl impleaded, de^nd -d ^^^ e'^"^^;^' ^.".^LrK 

S:^;i- S::;:^iS:Xo^-c:^^:sUatloever.a.dinth<^ 



BOSTON ATHENiEUM COR. Feb. 13, Ai . 180?. 3i 

faid corporate capacity, and by their faid name, they and 
their iuccelTors (hall be capable in law to purchafe, receive, 
have, hold, take, pollefs and enjoy, in fee liiiiple or other- 
wife, lands, tenements, rents, and hereditaments, not ex- 
ceeding in the whole, the yearly value of Tzvo Thoiifand 
Dollars, c xclufive of the building or buildings which may 
be actually occupied or ufed for the literary purpofes afore- 
laid ; and the faid Corporation fliall be capable of taking, 
receiving, and holding, by donation, fubfcription, bequeli 
or otherwife, money,; goods, chattels, effe<5ls, and credits, 
to an amount, the yearly value of which, ihall not exceed 
Three Tboufand Dollars, fo that the eftate aforefaid, be ap- 
propriated for the purpofes aforefaid, and for the promo- 
tion of literature, of the arts and fciences, and not other- 
wife j and moreover, the faid Corporation fliall have power 
to give, grant, fell, alien, convey, exchange, or leafe, all, or 
any part of their lands, tenements and other property what- 
ioever, for the benefit and advantage of faid Corporation. 

Sect. 2. Be it further enabled. That it fliall and may be common Seal 
lawful for the faid Corporation, to have a Common Seal for 
their ufe and benefit, with full power to alter, change and 
renew it, whenever they fliall think the fame expedient. 

Sect. 3. Be it further enaded. That the faid Corporation Todctemiiv 
fliall have full power and authority to determine at what times of mce: 
times and places their meetings fliall be holden, and on the '"^'' 
manner of notifying the affociates or proprietors to con- 
vene at fuch meetings ; and they fliall have power to elect 
once in every year, or oftener, from amongft the faid pro- 
prietors, fuch officers with fuch powers as they fliall judge 
expedient ; and alfo further to ordain and enact any bye- 
laws for the due govcrnm.cnt of the faid Corporation, and 
for the due and orderly conducting of the affairs thereof; 
and for, and concerning all matters and things relating to 
faid Corporation, and the fame at pleafure to alter, amend, 
or repeal ; Provided hoivei'er, that the powers vefl:ed in their 
faid oflicers and the faid bye-laws fliall not be repugnant to 
the Conftitution and laws of thij Commonwealth. 

Sect. 4. Be it further enacted. That, for the giving the impofe pwiaV 
more eftec'rual fanction to the faid bye-laws, the faid propri- ^'''■• 
etors fliall have power to impofe fuitabie fines, not exceed- 
ing Five Dollars, for the non-fulfilment or breach of the 
fame ; and that for the recovery thereof, the faid Corpora- 
tion fliall have a fuitabie remedy by acTion at law, in any 
court of law within this Commonwealth, proper to try the 
fame, 

S£CT„ 



^54 



BOSTON ATHENiEUM COR. 



Feb. 1 3, An. 1 SOYv 



Government to 
have accefs to 
tlie librarv, ike 



t'J;.artcr fubject 
to alteration. 



Meafurcs ia 
cale of nejjleft 
to pay aiTefT- 
ments. 



Perrons author- 
wed to call 

racctiiiBis. 



Sect. 5. Be it further enacted. That the Governor, the 
Lieutenant Governor, the Members of the Council, of the 
Senate and of the Houfe of Reprcfentatives, for the time 
being, fliall liave free accefs to the Library, Mufeum, and 
Repofitory of tlie Fine Arts of the faid Corporation, and 
may vifit and confult the fame at all times under the fame 
regulations as may be provided by the bye-laws of faid Cor- 
poration, for the Proprietors thereof. 

Sect. 6. Be it further enacted. That the Legiflature of 
this Commonwealth, may^ from time to time, appoint a 
committee or committees, to examine the ftate of the .af- 
fairs of faid Corporation, apd the manner in which the 
fame may be adminiftcred, and that the faid Legiflature 
may at any time alter, amend, or repeal the charter of faid 
Corporation at their pleafure, referving however, to the 
proprietors for the time being, their property in the build- 
ings, funds, books, and other property, at fuch time apper- 
taining to the laid Corporation. 

Sect. 7. Be it further e?iacted. That whenever any pro- 
prietor fhail negleft or refufe to pay any affeirment, ciuly 
impofed upon his (hare or fhares in faid Corporation, for 
the fpace of fixty days after the time fet for the payment 
thereof, the Treafurer of the faid Corporation is hereby au- 
thorized to fell at public vendue, the Ihare or fliares of fuch 
delinquent proprietor, after duly notifying in fome newf- 
paper printed in the town of Bofton, the fum due on fuch 
ihare or fliares, and the time and place of fale, at leafl: thirty 
days before the time of fale ; and fuch fl\le fliall be a fufti- 
cient transfer of the fhare or fhares fo fold to the perfon 
purchafmg ; and upon producing a certificate of fuch fale 
from the treafurer, fuch purchafer fliall be entitled to a 
transfer of the fliare or fliares fo fold, on the books of the 
Corporation, and fliall be confidered, to all intents and pur- 
pofes, the proprietor thereof; and the overplus of fuch fale, 
if any there be, after payment of fuch aflcflhient and inci- 
dental charges, fliall be paid on demand by fuch treafurer, 
to the perfon whofe fliares v/ere fo fold as is before pro- 
vided. 

Si-CT. B. Be it further cnacled. That the faid Theophilus 
Parfons, John Davis, John LoweU, William Emerfon, John 
T. Kirkland, Peter Thacher, William S. Shaw, Robert H. 
Gardner, Jofeph S. Buckminfter, Obadiah Rich, or any 
three of them, fliall have power to call the firfl: meeting of 
the faid propietors, by advertifmg the fame three weeks, 
fucceflivelv, before the time of fuch nieetinsr, in fome newf 

paper 



C. C. p. & C. G. S. IN TAUNTON. Feb, 13, An. 1807. 

paper printed in the town of Bofton, and that at the faid 
nieeting tlie fl^id proprietors may proceed to execute any or 
:iU the powers yefted in them in this ad. 

[This ad pafled February 13, 180?.] 






CHAP. XLIIL 



An ad, determining at what times and place the Court of 

1 cace, ihall be holder, withm and for the county of Brii: 
tol, and tor repcaUng all laws heretofore made for that 
purpofe. 

Sect, l. Re it enacted by the Senate and Houfe of Retv- 

■'XT"' 'ru ^T'"' '^""'' "/^'"^M «'"/ by the authority «/-T™- and,,:.- 
//'^ >/«£•, Ihat from and after the firft day of April nexf "' '"^ ''"'■""'^ 

Sen;rh r?'^ ^^?'^*'y o^'-'™'-' 'i'« f-^^^d Monday of 
September, the fecond Monday of December, and the fee 
■ond Monday of March, annually ; and that the Courts of 
General befl.ons of the Peace, feall be holden at faid Taun 

nullly! '"P''-''"^'^'"' ""'I '^'^ *«^™d Monday of March, an- 

the^hodv n'f ,?'•'/"'■""='■ ^'^oc'cd, Tlmt the Grand Jury, fo-.- - ' 

!rr»„H I / '-" '•'"' ''"""'y "* Briftol, fhall be convened and 

attend thofe terms of the laid Court of Common Pleas by '^''"'^ ^'"•^- " 

'd ^o oth r ;'" 'I !i"r""'^^ of September and m'^ '°"""'- 
rv Zn K ' ^"■"f*''. /•'«''^«'^'-, that the faid Grand Ju 
ry fhall be convened and attend at that term of the faid 
Court of Common Pleas, which, according to die nrovH 
Clxt" ' "' '" ""^ '"^'"^ °" '^^ f-ond Mond'aTof 

peairpiaints ff^'f?*"" "•''*'^' '^''^ ^" ^^^'O"^' '""ifs, ap- 
peals, piamts, bii.s, informations, recognizances and thino-s 

whatfoever now pending by continuance, appeal or hef ^''-' '- 
w.le, or which may he hereafter commenced'^ to be heaTd """"""■ 

pl^of d • ^a^T' f S"""'"".' ■'?■ -i^-' "iSthe 

with"?apdft,rrv) •■ ^''^^ ;" ''" '"'''^'^" ^' Taunton, 



56 



Repeal. 



PITTSFIELD ACi\DEMY. 



Feb. 13, An. 180* 



aa is to be holden on the fccond Monday of June next, and 
all petitions, and other matters, and things now peminig in, 
or to be commenced at the Court of GeneraKSeffions ot 
the Peace, which, before the paffing of this.aft, was to have 
been holden on the Monday next preceding tnethn-dluei- 
day of April next, ilrall be continued to, have day in, be 
aaed upon, heard and determined, at the Court of Gen- 
eral SelTions of the Peace, to be hoMen, by virtue of the 
firft feaion of this ac^;, on the fecond Monday ot Septem- 

%ECT *4 Be it further enacted. That from and after the 
firft day of April next, all laws heretofore m^de, determm- 
ino- at what times and place, the Courts of Common Heas 
and Courts of General Seffions of the Peace, iliall bo l.olden 
within and for the county of Brillol, be, and they are here- 

byrepeae . ^^^^^^ ^^ ^^^^^^ jp^,f^ ^ 13^ 1807.] 



porated. 



CHAP. XLIV. 

An aa, to incorporate the Proprietors of the Female Acad- 
emy, in the town ot Pittsneld. 

qpoT 1 P>E it enacted In the Senate and Bovfe of Rep- 
■ re^ lives, in General Covri affevMed, and by theauthonty 
r ■ {/frame That Jofliua Dantorth, Jofeph Merrick, ana h- 
^'^ SkC&n^together with the P-fons who^^w are <. 
who hereafter Ihall be proprietors of the btnldmg Utely 
erected f<ir the purpofe of a Female Academy, in the town 
of P ttsfeld, in the county of Berkfhire, and of the land un- 
der and adj'oining the fame, be,, and they hereby are incor- 
norated and made a body politic, by the name^ of the 1 ro- 
Siso" the Pittslield' Female Academy; ^^^^ 'n that 
^ame may fue and be fued, and fliall be inveited with all he 
oowers privileges and immunities, to which, other fmular 
corooratFons in this Commonwealth are emitled by law j 
and'^f^ab" capable of purchafmg and holding eftate, rea^ 
o perional Jovided, that the annual income of the whole 
:RaTe of fid corporation, belike the b-Wmg afordaid 
fiudlnot at any time-exceed tne value ot twelve hundred 



Empowered. 



PITTSFIELD ACADEMY— DEER. Feb. 13, An. 1SG7. 

ponition, fuch fam or fums of money for the keeping and 
maintaining a fchool for the inftruclion of females in ufeful 
and elegant accomplifliments ; for the fupport and main- 
tenance of inrtructors, repairing or enlarging faid building, 
or erecting others for the purpofes aforelaid, and defraying 
other expenfes incident thereto, as they ihall agree on, at 
any legal meeting called for that pnrpofe ; and the furas fo 
aflefled, Ihall be paid by the proprietors of faid Ihares ; and 
if any proprietor fhall neglect to pay any alTefTment which 
ihall be lesrally made upon his or her Ihare or fhares, for the ^ ,. 
ipace or iixty days alter the lame ihall have been made, the fnarestobe fold 
treafurer of faid proprietors Ihall be authorized and empow- 
ered to fell and convey fo many of faid delinquent's fhares 
in the laid corporation, as fliall be necefiary to pay his or 
her affefimenis fo remaining unpaid, at public audion, to 
the highcfi: bidder, lirft giving notice thereof, fourteen days 
at leail p.evious to the fale, by pofting up notifications there- 
of, at two pubhc licenfed houfes in Pittsfield 5 and alfo, by 
•advertiiing tlie fame two w^eeks fucccilively, in fome nevv'f- 
papcr printed in faid Pittsfield, the laft publication, to be in. 
like manner, at lead fourteen days previous to faid fale, and 
upon fuch fale, to execute a good and fuHicient deed or 
deeds thereof : and after deducting the amount of faid de- 
Mncpaent's aireffment and all incidental charges, the faid 
treafurer Ihall pay the farplas, if any there be, to fuch de- 
linquent proprietor. 

Sect. 3. Be it further enacted^ That Jofhua Danfortli, 
Efq. be, and he hereby is empowered and directed to iil'uc 
his warrant to fome principal member of faid corporation, ccn.*^^° 
requiring him to warn the members thereof to meet at Inch 
time and place as ihall be therein fet forth 5 to choofe a 
moderator and a clerk, who Ihall be duly fworn ; a treafu- 
rer, and fuch other officers as the proprietors fhall judge 
neceffary ; at which meeting, or at any other meeting duly 
warned and liolden, laid proprietors may agree upon the 
mode of warning all future meetings. 

[This act pafTed Feb. \?>^ 1807.] 



CH^P. XLV. 

An -xd., regulating the hunting of Deer. 

Sect. ]. OE /V enacted by the Senate and Flo ufe of Ret -^ 

refentaiivesy in General Court ajfembied^ and by the autbority 

of the fame. That from and after the nailing of this act, if 

PI anv 



rs 



RELIGIOUS SOCIETY. 



Feb. 13, An. 1807« 



Penalty. 



Preamble. 



any perfon fliall hunt or kill any Deer, cxcent his own tamt> 
Peer, or Deer kept in his park, or on his ifland, between, 
the firrt day of January and the firft day of Auguft, in any 
year, he fhall forfeit the fum of fourteen dollars for every 
Deer lo killed : to be recovered in any Court proper to try 
the fame ; one moiety thereof to the ufe of the perfon luing 
for the fame, and the other moiety to the ufe of the town 
within which fuch offence fliall be committed. 

S;.CT. 2. And be if further enacted^ That if any perfon, 
from and after the pafTmg of this acl, Ihall, with his hounds 
or dogs, hunt, chafe, t^r kill any Deer within the county of 
Barnftable, he fhall for every fuch offence, forfeit and pay 
the fum of fourteen dollars, to be recovered in manner afore- 
faid, and to the ufes aforefaid. 

Sect. 3. And be it further enacted^ That the ad paffed 
the twenty-third day of June, in the year of our Lord one 
thoufand eight hundred and two, be and hereby is repealed. 
[This acl palled February 13, 180?.] 



I rions mcorpo 
:ed. 



CHAP. XLVL 

An acl to incorporate a number of inhabitants of the North 
Parifn in the town of Hingham, in the county of Plym- 
outh, into a religious Society, by the name of the third 
Congregational Society in Hingham. 

\'%r ♦ 

v HERE AS, a number of the inhabitants of the 

North Parifli of Hingham, have petitioned this Court to be 
incorporated into a religious fociety ; and it appearing rea- 
fonable to this Court that the prayer of their petition Ihould 
be granted — 

Sect. 1, BE it therefore enaded by the Senate and Howfe 
. tf F^eprefmtatives, in General Court affembled^ and by the 
authority of the fame. That Jofeph Thaxter, Benjamin Culh- 
ing, Benjamin Lincoln, Thomas Gill, Jofeph Blake, Levi 
Lincoln, EbedHeariey, Samuel Norton, Noah Hearfey, Jo- 
feph Hammoi d, Jairus Leavit, Mofes Whiton, liaiah Cufli- 
ing, John Barker, ihomas Andrews, Thomas Thaxter, jun. 
Thomas Loring, William Cufliing, Jacob Thaxter, Thomas 
Thaxter, Abncr Lincoln, John JSouther, Peter Loring, Eph- 
raim Andrews, Peter Hearfey, David Lane, Bcnjamiin An- 
drews, Daniel Thaxter, Henry Nye, David Lincoln, jun. 
John Beal, jun. Levi Lincoln, jun. Samuel i\ndrews, Caleb 
Bates, Loring Bailey, Perez Lincoln, Nathaniel Wilder, Pe- 
ter 



RELIGIOUS SOCIETY. ^eb. 13, An. I807. 

fPr Hearfev iun. Edward Thaxter, Jarad Lane Rachel 
Lonn'^S^ Sarah Lane, Sufanna Thaxter, 

S'Cuflnng, Sufonna Barker, Sufon Barkc^ Deborah 
Barker Sarah Barker, Bethiah Barker, Samuel Norton jun 
SaHo^^^^^^^ Jerom Cubing, Abigail Thaxter Ruth 
Lodn^, EUzabeth Loring, Celia Thaxter, Hannah ihaxter, 
Eiizabf th rhaxter, Ouincy Ihaxter, Lydia Lorn.g, Abi- 
^^l Lane, Caleb 'rf.axter, John Baffet, Ezra Whiton, Na- 
?han Lincoln, Thomas Wilder, J^^^' ^^^^^^ ^mcoln, Seth 
Stoddard, Lydia Stoddard, Nabby Bangs WaiTen Burr 
Ebenezer Gay, Robert Thaxter, George French, George 
Barnes, Caleb Rice, John Souther, jun. Martm Lincoln 
Benjamin Jones, Samuel Robert, Enfign Barnes, Jofeph 
Hammond, junior, Canterbury Barnes John bea^ Ma- 
ryCuihing,Ezekiel Lincoln, Elijah Whiton, 3d, Nathan 
Rice, Spiller Fillmore, Laban Folger,Beza Lmcoln, Jonathan 
Lincoln, Afa Lincoln, Ambrofe Lathrop, Reuben Stoddard, 
David Andrews, Silence Cufliing, and Starks Whiton, the 
petitioners, with their polls and eilates, n«^. ^Y^.^S ^^ ,^^^^^ 
ildd north parifli, and what they fliall ^efpeaive y hold on 
the firft dav of May annually, in faid parifli, Ihall belong to 
faid Third Religious Society, be, and hereby are jncopora- 
ted into a religious fociety, by the name of the Ihird 
Cons-recrational Society in Hingham, with a I the privileges, 
powers^and immunities, to which other religious focieties 
in this Comm.onweakh are by law entitled. 

Sect. 2. ^^ /7 /«r//:;^r ^«^z^/^i. That any of the mem- 
bers belonging to the faid north parifli, or the faid Ihird 
Congregational Society, defiring to change their relation 
fron?one parifli to the other, fliall have full rignt and liber- Timeofbea 
ty fo to do, with their polls and eftate, at any time previous -g member: 
to the firfl: day of February, which will be m the year ot 
our Lord one thoufand eight hundred and eight ; provided, 
they fliall fignify in. writing, under their hands to tne 
clerks of the faid parifli and fociety, their wifli and deter- 
mination to be confldered members of faid parifli or focie- 
ty, and they fliall accordingly be recorded as fuch by the 

Sect. 3. Be it further enacted. That all young perfons 
within the limits of faid nortli parifli, when they fliaU attain ^^^^^^^^^^^^ 
^he ao-e of twenty-one years, fliall have full liberty, at any f-^^y to bee 
time within twelve months after they fliall attain faid age member, 
to ioln, with their polls and eftates as aforefaid, the laid 
parifli or foci^tv, by fignifying in writing their determma- 
* ' ' "' '^ tion 



P FARMINGTON ACADEMY. /^^. 13, ^n. I8O7. 

tion to tlieclerks of faid parifh and focicty, to which parifh 
or lociety it is their wifh to join. ' 

Sect. 4. Be it further enacted. That if any perfon who 
may hereafter fettle within the hmits of faid parifh, iliallbe 
dehrous to join the fociety aforefaid, he ihah have full lib- 
erty to do it, any time within twelVe months from his fet- 
tlement m the pariili, by fignifying his determination of the 
lame, in the manner pointed out in the third feftion uf this 
ad. 

Sect. 5. And he it further enacted. That Samue^ Nor- 
ton Efq. or any other Juftice of the Peace, in the county 
Juffice to iiTue ot Tlymouth, be, and he is hereby authorized to ilTue his 
iu3 warrant, warrant directed to fome member of the faid Third Con- 
gregational Society, requiring him to warn the members of 
the faid fociety, qualified to vote in parifh affairs, to afieni- 
ble at fuch convenient and fuitable time and place as Ihall 
be expreifed in the faid warrant, to choofe fuch officers as 
panihes are by law required to choofe in the month oi 
M;uxh or April annually, and to tranlad all other matters 
and things tor the well-being of fliid fociety. 
[This acT: paiTed Fel^, 1 3, 1 807.] 



CHAP. XL VII. 

r 

An ad to incorporate an Academy in the town of Farming, 
ton, in the county of Kennebeck, by the name of the 
Farmington Academy. 

Sect. 1, nY. it enacted by the Senate and Uoufe of Repre- 
fcntaiives, in General Court ajjhnblcd, and by the authority of the 
adcn^yeHab-/'^'^^^' ^^^^^ ^^^^^ b^' a^^'d hereby is eftablifhed, an Academy 
bed. in the town of Farmington, in the county of Kennebeck, by 

the name of the Farmington Academy, for the purpole of" 
promoting piety and virtue, and for the education of 
youth, m fuch languages, and in fuch of the liberal arts and 
Iciences, as the trullees hereinafter provided fball order and 
direct. 

Sect. 2. Be it further enacted, lliat Mr. C^hurch Brain- 
-fons u:cor- erd, Nathan Cutler, Efq. Mr. Thomas Hifcock, Ezekiel 
Porter, Elq. Mr. Timothy Smith, Dodor Ebenezer Tayler, 
Stephen Titcomb, Efq. and Mr. Thomas Wendell, all of 
Farmington ; Benjamin Abbot, Efq. of Temple ; Eben. 
Eatoii, Efq. of Wilton ; Thomas Fiilebrow^i, Efq. of Ha)- 
lowcll ; Dodor Thomas Flint, of New Vineyard ; John 

ilcvcv. 



FARMIKGTOX ACADEMY. Feb. 1 3, An. 1 807. 

Ilovey, Ki;,. of Mount Vernon; William Read Efa a<^ 
b rong; and the Reverend Jotham Sewall, of Chefterv^Ue 
al. or the fa.d county of Konnebeck, be, aid tLy arolm;' 

t^ti!:"^^" AcaLLfr'anlt^i; ^'4; 

,.^l'^''/' ,^^/' Mther enacted. That the number n'" 
truflecs f r the faid Academy ilr,!] never be mnre?V, r/ 
t.en nor lefs than nine, five oV wl-.o^at Lft SilZf """ 
fa.y o conftitute a qu6rum for tranfaclin^ bufinefs And 



or vacancies. 
Sect. 



U\a'''Z'a tl '^r '^f'':^^''''''>^^^cd. That the truftees afore 
lorthepurpofeaforefaid- P.. w .J i ^^ T ^^ ^^bfcribcd 

^f :he fSd Li :s,-, r;tT^eld'rLr„r:'"^^^^^^ -.. 

^ c/e faid t;u^;^' a^d S^ fT^jS^-at ^K 

and^hef; fufc4ro{rf 'll T'^'^' '''^'" "^"^ '''=""'» '™«^^' 
'-'^^^i lucceiiors, Ihall have one common ^c^-^y ..rW \ 

an a^ent or a^enf! ^/™'"S'"'> Academy, and may appoint 
S>cT C ^fl !' ? Pf°''-''=«<= ^"d defend luch Ibits. 

ted, the vif,to"s tr. ^! ' '/"'^ '""^ ""^ ^''""^y "'"'"t"- T..„.. 
niy in pYro«ud f -r^*?' ""'' S'"'^'™"''^ "f the /aid Acade- m"""'""' 

-a; a^d' ■ Se t'dforovH^d''' •"k'? ,?"''""^^ '" '^^-^ 



CAANAN ACADEMY. 



Feb. 13, An. 1807. 



i'lOVll"^- 



other officers, and to make and ordain fuch laws, rules, and 
orders, as they may from time to time judge neceilary and 
convenient for the good government ot the laid Academy 
Provided, they are in no cafe repugnant lo the conftltu^on 
and laws of this Commonwealth. 

Sfxt 7 And be it further enacted. That cither ot the 
'mftices of the peace, for the county of Kennebeck, be, and 
Timcofmming. \e is hereby authorized, to appoint the time and Pj^ce tor 
holding the firft meeting of the faid truftees, and Ihall noti- 
fy them thereof accordingly. • ,„ ,^,^^-1 
[This ad palled February 13, 1 »« i .J 



Perfons incor- 
Tjorated. 



Authorized 1 3 
iA)ld edate. 



Xor 



Numhcr oi 
rrjftees. 



CHAP. XLVIII. 

-'.n act to eftabiifli an Academy at Canaan in the county of 

Kennebeck, by the name of the Canaan Academy- 

Sect 1 Vi?. it enaacd by the Senate and Hovfe of Rcpre. 

/i.'U, in General Court affembkd, and iv ^^'^^^{l^l 

K^Son'^Ef^ ^lr, John fefton, and M. Seth Wy 
all of Canaan : Uoclor John Lawrejice of ^o~^ '^"^j 
Joihua Cufliman, of Winflow; ^^^^en K.f dei Liq. ot 
Waterville; William Jones, Efq. ^"4, °^"'^' ^ '"Jlhek 
•Mnrrido-wock all of the county of Kennebeck, and their 
Fuclfrin faid office, fcall be and ha-eby ave made a 
body corporate, by the name of the Truftees of Canaan 

'^. Beitf^t^r --td^tv^n^^T;^:^ 

^p^4tlS\^rrclvc-e;;utand|^ 

Sht.S^a1SirdSixT^e.andbe valid 

"' ^C'r S Be ,t further enaeted. That the number of the 

Sect. .>. ^c hjwh-' ' ^iiirteen, nor lels 

l^ud Trulloes &all never be moie than -.airteen, ^^^^^^^ 



mako 



^^^^^' Feb. 13, An. 1807, 

than nine— five of whom, at leaft, fhall be a quorum for 
doing bulinefs ; and as often as any one or more of faid 
Trultees Ihall die or refign, or in the judgment of the major 
part of the laid Truftees, is rendered incapable, by reaibn 
ot age, infirmity, or otherwife, of difcharging the duties of 
his truft, the Truftees then furviving may fupply fuch va- ^ 
cancy by a new eleclion. 

Sect 4. Be it further enaBed, That the Truftees afore- 
laid, and their fucceflors, fliall be the vifitors and governors 
of the £iid Academy, to be continued in the manner pro- 
vided by this acT:, with full pov/er and authority to appoint 
a Preceptor, and fuch other teachers and officers, as they 
may from time to time judge necelTary for the ffood ^L 
vcrnment of the faid Academy, and ah'b to make and ef- 
tabhfli fuca wholelbme laws and regulations, with reafon- Trurieesto 
able penalties for the breach tliereof, as in their judgment ^-^^ 
rnay be requifite and expedient, and fuch laws and regula- 
tions fliall be valid and obligatory. Provided xh^y be in no p.ovifo 
cafe repugnant to the Conftitution and Laws of this Com- 
monwealth. 

J^^^ ^' ^\\\f^^'^^'^^^^''^^d. That the faid corporation 

the name and behalf of the faid Academy, which they fliall 
hive power to change or renew, and all deeds or other in- 
ftruments executed by order of the faid corporation, and 
n their behalf figned, fealed, delivered, and acknowledo-ed 
by the treafurer and clerk of faid corporation, fliall be ^Sod 
and vahd in law; and the faid corporation may fue and be 
lued in aU adions, real, perfonal, or mixed j and profecute 
and defend the fame to final judgment and execution. 
• r' f* r?^ It further enacted. That either of the Juf- ^"fiices to iffu. 

tices of the Peace, for the County of Kennebeck, upon ap ' ''"''"'■ 
phcation therefor, may appoint the time and place for hold- 
ing the firft meeting of the faid truftees, and notify them 
accordingly. ^ 

[This acf pafled February 13, 1807.] 



CflAP. XLIX. 
An ad to continue in force an acT: for reaulatin^ the pafl: 
age way for fifti through the dam at the mouth of 
Stoney Brook, fo called, in the town of Chelmsford, ip 
the county of Middlefex. ' 

r . .- • i^ ^^ enacted by the Senate and Houfe of Rep re- 
Jouativcs, ui General Court afembled, and by the authority of 



t'je 



(j'i 



AA rontiiiucil 
in force. 



MONIVlLLi:. 



M. IS, All. 1807. 



the fame. That an acl iiuiJe and palled on the ninth day of 
March, in^hc year of our Lord, one thouland eignt nun^ 
dred and four, entitled, " An ad in addition to an aft, en- 
titled an ad to regulate the catching Salmon, bhad and 
Alewives, and to prevent obftruc^ions in Merrimack River, 
and in the other rivers and ftreams running into the lair^, 
within this Commonwealth ; and for repealing ieveral ads 
heretofore made for that purpofe," be, and nercby is con- 
tinued in force for the term of three years from the ex. 
piration thereof, any limitation in the flime a6t contained, 
to the contrary notwithftanding. 

[This aa palled February 13, 1807- J • 



■MontvlUe in- 
.orporated. 



Boundaries. 



^ CHAP. L. 

An acT to incorporate the plantation heretofore called Da- 
viftown, into a town by the name of Montville. 

Sect 1 Be if enacied by the Senate and Houfe ofRepre- 
fentan^s, in General Court^ Mled, and by il. ^^^^?^ 
f/.. /-^^z.. That the plantation heretofore called DaMllown, 
y 4 partly in the county of Lincoln partly m the county 
Jf Inneb Jck, and partly in the county of rfancock, being 
the fecond ^rand divifion of the twenty ailociates lands, 
and agreeably to the boundaries thereof, together with the 
Lhabkants thereon, be incorporated mto a town by tl. 
name of Montville, viz. beginning at a hemlock flake, a. 
^hTfouthwefterly corner of faid fecond grand divifion in 
thp Une of the firft grand divifion of faid twenty ailociates 
and marked 7 m"272 R, and a fpruce tree Handing nea 
fakl ftake, marked 20 A corner, &c. ; thence running noith 
tMrty four degrees; eaft, feven mUes two l--<i-f ^"^ 
feventy two rSds to a yellow birch tree marked 20 A L 
corner! &c. ; thence north, thirty four degrees ; well fix 
Jles, to a hemlock tree, marked 20 A N corner, &o; 
".ence on the eafterly line of the Ply moutn Company claim, 
as run by E. Bullard ; fouth, twenty-five degrees , x^ elt 
J^muls and two hundred and i-ent^.h. rods to a W^ 
tree bv a laro-e fugar maple, marked = ; thence loutn, 
thirty nine decrees fweil, four miles and one halt a im o 
o a Lall beei tre^ in a thicket, -^f^^^^^^^^l 
forty-three degrees; weft, one hundred ^^^^^^/^'^y rods t a 
ftake ; thence fouth thirty four degrees ; eaft, on the dmd- 
n^ line between the faid ftrft and Iccond grand diMiio >. 



BETKLEHAM CON. SOCIETY. Feb. 18, An. 180% <5.^ 

fix miles, td the bounds firfl mentioned ; and the faid town 
of Montville is hereby veiled with all the powers and pri- 
vileges, and fliail alio be fubjed to all the duties and requifi- 
tions to which other towns are entitled and fubjecled by 
the Conititution and laws of this Commonwealth ; and the 
whole of the faid town of Montville, fliall be, and hereby is 
annexed to the county of Lincoln. 

Sect. 2. Be it further enacted. That any Juftice of the ruaice author- 
Peace, for the faid county of Lincoln, is hereby authorized ;;aiant.^"' ^" 
upon application therefor, to iiTue a warrant direfted to 
fome inhabitant of the laid town of Montville, requiring 
him to notify and warn the inhabitants thereof, to meet at 
fuch time and place as fhall be appointed in faid warrant, 
for the choice of fuch oilicers, as towns are by law required 
to choofe at their annual town meetings. 

[This acT- paiTed JFVZ'rz^^r^ 18, 1807.] 



CHAP. LL 

An act to incorporate a number of the inhabitants of the 
town of Loudon, and diilrid of Bethlehem, as a religious 
/"fociety, by the name of the United Congregational So- 
ciety, in Bethlehem and Loudon. 

Sect. 1. jjE it enacted by the Senate and Hoitfe of Repre- 
fentatives, in General Court ajjhnbled^ and by the authority of the 
fame. That Amo? Adams, Samuel Adams, Edmund Bancroft, 
Jofliua Bartieit, Mofes Beard, James Brakenridge, Samuel porated 
Byington, jun. Ilaiah Clark, Timothy Cole, Jofeph Fowler, 
Thaddeus Granger, Thaddeus Granger, 2d, Ifaac Hunter, 
.Tohn Hunter, Samuel Hunter, Chauncy Ives, Adonijah. 
Jones, Miles Jones, ' eth P. Kingfbury, Jofeph Kingfbury, 
David rvlaniey, Daniel Manley, Shubael Manley, George 
Manley, John Mcril, Nathan Pearl, Richard Pearl, Jofhua 
Shaw, I^ucius Smith, Samuel Smith, Daniel Smith, Joel 
Smith, Juftus Smith, Elijah Smith, Elijah Smith, 2d, John 
Spear, Daniel Sumner, William Sumner, Samuel Under- 
wood, Thomas Ward, Abner Waters, Benjamin Waters, 
Benoni Webb, Reuben Webb, Jonah Webb, David Web- 
fler, and John Webfter, all of Bethlehem ; and Samuel Bald- 
win, Abel Barber, Benjamin Barber, Rofwell Barber, Eliiha 
Cook, John Cook, Thomas Cook, Jeremiah Daly, John 
Davifon, Thomas Davifon, James Dwolf, Joihua Eames, 
Ozias Hawley, Phineas Jcnes, Paul Larcom, John Manning, 
1 Svlvanufi 



Perfons incor* 



>s 



I 



Requifuion to 
Secorae a mem- 
ber. 



Vfeafures ne- 
:efl'jiry in cafe 
)f lea%'ing the 
jociety. 



'iiuice to itTue 
ii'i warrant. 



BETHLEHEM CON. SOCIETY. Feb. 18, An. 1867: 

Sylvanus Marvin, Jonathan Norton, Roderick Norton^ 
Elijah Owen, jun. Samuel Petton, Charles Segar, Jonathan 
Stickland, and Samuel Thomas, all of Loudon, together 
witli all fuch as may hereafter ailociate with them, and 
their fuccefibrs, fliall be, and hereby are incorporated intc 
a religious fociety, by the name of the United Congrega- 
tional Society in Bethlehem and Loudon, with all the 
powers and privileges exercifed and enjoyed by other 
pariflies and religious focieties, according to the Conftitu- 
tion and laws of this Commonwealth. 

Sect. 2. Be it further enacted^ That any perfon within; 
the faid Bethlehem and Loudon, or on the adjoining tracts 
of unincorporated lands aforefaid, wha may defire to join 
as a member of the faid United Congregational Society, 
and fhall declare fuch intention in writing, delivered to the 
minifter or clerk of faid focie^;y, fifteen days, at lealf, pre- 
vious to the annual parifh meeting, and fliall receive a cer- 
tificate figned by the minifter or clerk of faid fociety, that 
he or file has actually become a member of, and united in 
religious worfhip with them, fuch perfon fliall, from the 
date of fuch certificate, be confidered with his or her polls' 
and eflate, a member of faid fociety. 

Sect. 3. Be it further enacted. That when any member 
of the iliid LTnited Congregational Society fhall fee caufe to 
leave the fame, and to unite in religious worfiiip with any 
other religious fociety, in either of the places aforefaid, and 
fliall give notice of fuch intention to the minifter or clerk 
of the faid United Society ; and fliall alfo give in his or her 
name to the minifter or clerk of fuch other fociety, fifteen 
days, at leaft, previous to their annual meeting ; and fliall 
have received a certificate of memberfliip, figned by the 
minifter or clerk of faid fociety, fuch perfons fliall, from the 
date of fuch certificate, with his or her polls and eftate, be 
confidered a member of faid fociety : Provided however, that 
every fuch perfon fliall always be held to pay his or her pro- 
portion of all parifli charges in the fociety to which luch 
perfon belonged, affefled and not paid previous to the leav- 
ing of faid fociety. 

Sect. 4. A^id be it further enacted. That any Juftice of 
the Peace for the county of Bcrkfliire, upon application 
therefor, is hereby authorized to iflue a warrant, directed 
to fome member of the faid LTnited Congregational Socie- 
ty, requiring him to notify and warn the members thereof 
to meet at fuch convenient time and place, as fliall be ap- 

fuch officers aS' 
pariflies 



pointed in laid warrant, for the choice of 



LANCASTER TURNPIKE COR. Feb. 18, An. 1807. 30*' 

parlQies or religious focicties are by law empowered to 
cliootb at their annual parifh meetings. 

[This ad paired February 18, 1807.] 



CHAP. LIL 

An ad to eftablifh a Corporation by the name of the Lan= 
caller Turnpike Corporation. 

Sect. 1. jjE it enabled by the Senate and Houfe of Repre- 
fentativesj in General Court ajfembkd^ and by the authority of 
the fame ^ That Merrick <ice, Efq. Timothy Whiting, Efq. pgrfonsincoite 
and John Prentiis, together with fach perfons as have or porated. 
may hereafter allbciate with them,, and their aiTigns and 
iucceffors, be, and hereby are, made a corporation by the 
name of the Lancafter Turnpike Corporation, for the pur- 
pole of laying out and making a Turnpike road, beginning 
near the houfe of Thomas Miles, in Eitchburg ; thence 
through the ibutherly part of Leominfter to the meeting- 
houfe in Lancafter ; thence through the foutherly part of 
Bolton and Stow to Sudbury Caufeway, in the county of 
Middlefex ; and for this purpofe Ihall have all the powers 
and privileges, and be fubjecl to all the duties, require- 
ments and penalties, contained in' an aft, entitled, " An act 
defming the general powers and duties of Turnpike .Cor- 
porations;'* palled the fixteenth day of March, one thoufand 
eight hundred and five. 

And, whereas the Fifth MaiTachufetts Turnpike Corpora- 
tion may be affected and the profits thereof leffened by 
making the road aforcfaid, therefore, 

Skct. 2. Be it further enacied,"'rh:it v.'henever faid road 
fhall be made and opened, the faid Lancafter Turnpike Cor- Corporation to 
poration fhall be obliged to erect one gate, with a con- toU-ho^ufe. ^° 
venient toll-houfe for the reception of toll thereat, within 
two miles from where J:heir road commences and Barbary- 
hill, fo called, in the faid town of Leominfter, which fiid 
gate and toll-houfe fliall remain and be kept in repair for 
the ufe of faid Fifth MaiTachufetts Turnpike Corporation, 
who fhall be entitled to receive the fame rate of toll thereat 
as they are entitled to receive at any of their other gates ; 
and the fiid Lancafter Turnpike Corporation fhall, when- 
ever thereto required by laid Fifth Mallachufetts Turnpike 
Corporation, remove the faid gate and toll-houfe to fuch 
place within faid diftance as they may require^ and there to —Jo removoit 

keep 



locate Uie road. 



;«-i FIFTEENTH MAS. TURNPIKE. Feb^ 18, An. 1807, 

keep the fame in repair as aforcfaid, during the exiftence 
of this acl ; and the faid laft named Corporation Ihall be 
vefted with all the powers and privileges, for the recovery 
of the toll at faid gate, which are contained in the faid 

Provifo. general ad herein before mentioned : Provided always, that 

the faid Fifth Maffachufetts Turnpike Corporation fhali 
keep and fupport a gate, and continue to demand and re- 
Geiye the fame rate of toll at their lower or eaftern gate 
which they now demand and receive at the fame, during 
the exiftence of this acV. 

Committee to Sect. 3. And bc it further enacted. That Salem Town, 

John Spurr, and John Robbins, Efquires, be, and hereby 
are, appointed a committee to locate faid road in the beft 
direction, according to their beft Ikill and judgment, from 
near the houfe of 1 homas Miles, in Fitchburg, to Sudbury 
Caufeway ; and the faid committee are hereby empowered 
to aflefs fuch damages as any individual may fuftain by rea- 
fon of laying out and making faid road ; when the corpora- 
tion and fuch individual cannot agree, referving to either 
party the right of trial by jury, according to the law which 
provides for the recovery of damages accruing by the lay- 
ing out of pubHc high-ways, and when the fiid committee 
have completed their bufinefs, they fhall make return to 
the next Court of General Seilions of the Peace to be holden 
within the counties of Worcefter and Middlefex, of the 
courfes and diftances, and damages aileil'ed in each county, 
which fhall have the fame effect as though the fame had 
been done by a committee appointed by faid courts for thti 
fame purpofes, and rhe expenfes of faid committee ihall be 
paid by faid corporation. 

[This act paffed ivZ'rw^ry 18, 1807.] 



CHAP. LIII. 

An a6t for allowing a further time to the Proprietors o^ 
the Fifteenth Maffachufptts Turnpike, for completing the 
fame. 

J^E // enacted by the Senate and Hovfe of Rep re- 
fentativfs, in General Court ajfeinbled, and by the authority of 
ihefa?ne. That a further time of two years from the twelfth 
<iay of February, in the year of our Lord one thoufand 
eight hundred and feven, be, and hereby is allowed to faid 

proprietors 



JAY SCHOOL LANDS. ^ 20, An. 1807. 

proprietors to complete faid turnpike road ; any thing in 
the original aa of incorporation to the contrary notwith- 

[This aa paffed February 18, 1807.] 



Handing. 



CHAP. LIV, 



An act authorizing thefale of the School Lands ^^^^^^^^^ 
of Jav, to raile a fund tor the fupport of Schools m laia 
tow^; and for appointing Truftees for thofe purpoles. 

Sfct 1 Be it enacted by the Senate and Houfe ofRepre^ 
rcntlth^es tn General Court afembled, and by theauthonty of^^^ ,^ 

c""ft and Edward Richardfon, be, and hereby areappo.nt- 
Stiltees toTell the fchool lands, in the f-d to^.'" o ay 
-nd to nut out at intereft the monies arifmg from iuch lale, 

in manner hereinafter mentioned Lf ^ fo^aid't^uSf be 
Sect. <i. Be it further enacted. That the faid t.u ees be, 
-ind thev hereby are incorporated mto a body politic, by 
he' nalof 7e Truftees ^f the Jay f --'»' ^.f ^o /- 
nf Oxford • and they and their fucceffors fliall be and con- 
tLu.rf body politic Ind corporate by '^at name for-er ^ 
and thev fliall have a common feal, lubjed to alteration at 
theii p!Lfure,and they may fueandbe '-d m all a&ons 
real perfonal, or mixed, and profecute and defend the lame 
to final i^udff^ent and execution by the name atoreiaid 

^n^e it further enacteJ, That the faid truftees T™.e, „ 
andleir fucceffors,-'ft.all' annually elea a prefi^^^^^^^^ 
clerk, to record the doings and tranfaaions of the truftees 
It Ih eir meetings, and a treafurer to receive and apply the 
monks hereinafter mentioned as hereinafter direfted and 
Tny other needful officers for the better managing their 

"""sEcf : 4. Be it further enacted. That the number of truf- 
tees ihall not at any one time be more than fe^^"' "°^ ^^'« 
than five • any five of their number to conftitute a quo- 
rum or £ anfaaing bufinefs ; and they ftiall and may from 
ime to time, fill up vacancies in their number which may h™p„™ 
anpen by death, refignation, or otherwife, from the 
nh'rbitantlof faid iownf and ihall have P-'- .t'? -"X 
^ny of their number who may become unfit and ^capable 
frJmage, infirmity, mifcondua, or any other. caufe,.o^ 



> JAY bCHOOL LANDS. m. 20, An. 1SO7. 

IJiall annually hold a meeting, in March or April and -i^ 
J;ec:ffarvrT"^"^^'\'^*"^>'^ "'^'^^'^-y '° tr'anta tt r 

after dkea! ^ **^ * "^°""" ^' ''"" ""'^''' ""^^ ^'^'''=- 

2Sf''*-Eff'h?',fH>.'^r''-^r*"' 'r'^'^' '^'"' Holmes Thomas, 
nl7; f ' , 1..^^ ''T'''; " ^""'""^'^'i' t° fi^ the time and 
place for liolding the hrft meeting of the truftees, and to no- 
tify each truftee thereof. . . 

ites auiho... ,„^';'i,^- "i- -f '■ ''further enacted. That the faid truftees be. 

;to,diia»<i. and they hereby araauthorized to fell and convfey in fee 
&np e all the fchool lands belonging to the faid town! 
and to make, execute, and acknowledge, a tood and fufi 
ficent deed or deeds thereof, which deed or deeds, iX 
icrmed by the name of their treafurer, by dlreclion of faid 
tniftees with their feal thereto affixed, ihall be good and 
etteclual in law to pafs and convey the fee finfple from 
laid town to the purchafer to all intents and purpofes what- 



ever. 



eeds to be ^r^^^ f'l ^I'J /'fj^'"- '^'^^i^^. That the moiiies arifmg' 
ottc"rl7^/^^^^^^^^f^^d lands, together with all donations or 
grants that may be made hereafter to faid corporation, for 
the u{e of fchools, in faid town, fhall be put to ufe as foon 
as may be, and fecured by mortgage of real eftate, to the 
full value ot the eftate fold or money loaned ; or by two 
ormore fufnctent furetie^ with the principal, unlefs the 
truftees fhall think it beft to invert the fune in public fund^ 
ed securities, or bank ftock, which they may do, 
ft appro- Sect. 8. Be it furiber enacted. That the intereft arifin^ 
^d. from faid Tundsfliail be annually appropriafed for the uie 

ot public fchools in faid town ; and it fhall never be in the 
power ot laid town to alter or alienate the appropriation of 
the fund aforefn.d; 

arurer to ,1 ^f" n ^'^ "^f '/ >^^^^^'' enacted. That the t-eafurer of 
• Loads, the trultees fliall give bonds faithiully to perform his duty 
and to be at all times refponiible for the faithful application 
and appropriation of the monies that may come into his 
Hands, conformably to the true intent and m.eaninp- of this 
a^, and ror all negligence or mifcondud of any kind in his 
oince. ' 

Sect. 10. Be it further enacted. That the truftees or 
liieir oihcers, for the fervices they may perform, fhall bo 
entitled to no compenfarion, out of anv monies arifmr 

froni 



iMASSACHlTSETTS SOCIETY. Feb. 20, An. 1807. T 

from the fund aforefaid, but a reafonable compcnfation: 
/hall be paid them by the town aforefaid. 

Sect. 11. Be it further enacted^ That the faid truflees 
and their fucccllbrs, lliall exhibit to the town, at their an- 
nual meeting in March or April, a regular and fair ftate- 
ment of their doings. 

Sect. 12. Be it further enacted^ That the faid truftees, Truiiecsrefpor. 
and each of them, fhall be refponlible to the town for their ^'^e to the tow; 
perfonal negligence or mifconducl, w^hether they be officers 
or not, and liable to a fuit for any lofs or damage ariling 
thereby, the debt or damage recovered in fucli luit, to be 
for the ufe aforefiid. 

[This aci pailed Feb. 20, 1 80?.] 



CHAP. LV. 

An acb to incorporate fundry perfons into a fociety by the 
name of the Maflachufetts Society for promoting Chrif- 
tian knowledge. 

W'' HE RE AS Samuel Abbot and fundry other per- p ^ 
fons have affociated themfelves tor the benevolent purpofe 
of promoting evangelical truth and piety, by a charitable 
diftribution of bibles, tellaments,p{altersarid other reli<^ious 
books and tracts, among poor and pious chriftians, in new 
towns, plantations, and other places ; and alfo by fupport- 
ing charity fchools, and pious miffionaries in places deftitule 
of the means of religious knowledge, or where fuch means 
are but fparingly enjoyed ; and have petitioned this Court 
tor an act of incorporation, whereby they may be the bet- 
ter enabled to carry into efTed: the object of their affocia- 
tion ; and, as it is reafonable, that the prayer of faid peti- 
tion fhould be granted ; therefore, to promote and encou- 
rage the fame : 

Sect. 1. BE it cnaBed by the Senate and Houfe of Rep. 
refentatives, in Getieral Court affemhled^ and by the authority 
of the fame. That Samuel Abbot, of Andover, Elq. Rev. Perfons mcorp, 
Jofliua i3ates, of Dedham, Rev. Daniel Chaplin, of Groton, ^^^'^*^- 
William Coombs, of Nev/buryport, Efq. Rev. Jofeph Dana, 
of Ipfwich, D. D. Rev. Daniei Dana, of Newburyport, Rev. 
Peter Eaton, of Boxford, Samuel Farmer, Efq. and Rev. 
Jonathan French, of Andover, Caleb Gannett, of Cam- 
bri(].vp. Efq, Rev. William Greenough, of Newton, Mr. 
Wiiiiam Hiiiiard, and Rev. Abicl Holmes, D. D. of Cam- 
bridge, 






a MASSACHUSETTS SOCIETY. iVZ^. 20, An. 1807. 

bridge, Rev. David Kellogg, of Framingham, R cv. James 
Kendall, of Plymouth, Rev. Jofepli Eyman, of Hatfield, D. 
D. Rev. Jedediah Morfe,.of Charleftown, D. D. Mark New- 
manp A. M. Eiiphalet Pearfon, L. L. D. and John Phillips, 
jun. Efq. of Andover, Rev. Thomas Prentifb, of Mcdlield, 
Rev. Samuel Stearns, of Bedford, Dr. James Thacher, ot 
Plymouth, John Treadwell, Efq. of Salem, Rev. Benjamin 
Wadfvvorth, of Danvers, and Mr. Samuel Hail Walley, of 
Bofton, be, with fuch others as they fliall elect, and they 
hereby are incorporated and made a body politic, for the . 
purpofe aforefaid, by the name of the Maffachufetts Society i 
for propagating chriilian knowledge. And the fociety 
aforefaid, {hall have perpetual fuccefiion, and may have a 

Their powers, commoH feal, which it fhall be la\^'ful for them to change, 
break, alter, and make new at pleafure ; and may purchafe^ 
and receive by gift or device, land, tenements, and real ef- 
tate of any kind, and the fame hold in fee fimple, or lefs ef- 
tate, the annual income and profits whereof, not to exceed 
the value of fix thoufand dollars. And the laid fociety is 
hereby enabled to take and receive fubfcriptions of charita- 
bly difpofed perfons, and may take any perfonal eftate in 
fuccefiion ; and all donations to the fociety either by fub- 
fcription, legacy, or otherv/ife, (excepting fuch as may be 
differently appropriated by the donors) fliall make a part 
of, or be put into the capital ftock of the fociety ; which 
fhall be put out on intereff on good fecurity, or other- 
wife improved to the beil advantage ; and the income or 
profits applied to the purpofe of promoting chriilian know- 
ledge, in fuch manner as they fhall judge moft: conducive 
to anfwer the defign of their inflitution ; and the faid fo- 
ciety is hereby empowered to give fuch inftrucfions, or- 
ders, and encouragement to their oilicers, and to thole they 
. ihall employ, as they fhall judge neceflary ; and the per- 

^achm! '"""'^ f<^ns em.ployed as teachers in any capacity, Iball be perfons 

of the proteftant religion, of reputed piety, loyalty, pru-^ 

dence, knowledge and learning, and of other chriftian 

and neceffary qualifications, fuited to their refpeclive fta- 

, tions. 

Sect. Sf. And be it further enacted., That the faid foci- 
ety may choofe by ballot, a prelident, vice-prefident, clerk^ 

ifficers to he fecretary, treafurer, and fuch other officers as they fliall fee 

rjfcn y ballot. ^^ . ^^^j may, at their fu-fl meeting under thi3corporation,by 
the vote of two thirds of the members prefent at faid meet- 
ing, adopt fuch conilitution or fyilcm of rules and bydaws^i 
as they fhall think neceffary for the orderly conduding and 

cxecutine: 



MASSACHUSETTS SOCIETY. m. 20, An. 1807. 

executing the bufincfs of faidfociety; and for the moft ef, 
feclually focuring the object of their inlHtution ; which 
conlhtution or lyftem of rules and bv-laws, fhall be for the 
government of iaid focicty, and ihall not be altered at any 
lubicqucnt meeting, but in the manner therein pointed out ; 
rrovukd^^ fuch rules and by-laws be not repugnant to the ^'''o^'^"' 
conititution and laws of this commonwealth. 

Sect. 3. And be it further enacted. That the fociety " fl 

' arorelaid, may at all times, under the name, ftyle, and title ■ 

utoreiaid, lue and be faed, plead or be impleaded, appear, '■ 

profecute, and defend to final judgment and execution f.T'^'"^^ 
and may appomt an agent or agents to profecute and de- 
tend luits, with power of fubftitution ; and it fhall be 
iiiwtul ror the (aid fociety to make fale of any eftate or per- 
lonal property, given or purchafed as aforefaid, or in any 
otacr\^'iiy or right accruing to them in their corporate ca- 
pacity, (unlefs that w^hich is given, be otherwife exprefsly 
ordered or appropriated by the donor,) and convey the 
lame .y deed, or other legal initrument, duly executed, 
and when the property to be conveyed is real eftate, un- 
der the hand of the prefident, and the feal of the fociety ^ 
provided that all monies arifing from fuch fale, be applied 
to the fame ufe to which the income thereof was before 
applied. 

And to the end, that the members of faid fociety, and all 
contributors to faid defign, may know the ftate of the funds 
ot (aid fociety, and the difpofition thereof, and of all the do- 
nations made to faid fociety. 

Sect. 4. Beitenaaed, That particular accounts of fuch Scate of funds 
1unds,and the diipofition thereof, fliall be exhibited bv the .^V'*^-hii 
treafurer ; or, in cafe of his abfence, by the clerk, at^ the """^"'• 
ftated annual meeting of faid fociety, a committee of faid 
.^ociety havin- nrft examined and certified the fame to be 
.rue ; and flur entries fliall be made in proper books, pro- 
vided for that purpofe, of all donations made to the Vocie 
ty ; and of all the eftate, both real and perfonal, belcno-ipc 
to the fame ; and faid books fhall be brought to the genera 
ftated meetings, and be there open for the perufal and exam- 
ination of the members. ^ »^^-^am 

^nlv^'r;/'; ^' '^t f^'i'^^r^naaed. That Samuel Abbot, nramoe.n.u 

of tfiem, be, and they hereby are authorized, by notiiica 
rion in two ot the Bofton newfpapers, to call the firft mee?" 
ingof faid fociety in their corporate capacitv at fuch nW 
-ind place as tliey fhall judge proper. ^ ' ' ^ 

^ Sect. 



EDGECOMB CON. SOCIETY. Feb. 20, An. 1807. 

Sect. G. And be it further enaacd._1\^^.^^^^^"f^^^^ 

of this Commonwealth may at any "- '^ft-^ ^ ^^^l 

XXe refervins? however to the proprietors tor tl.e tn. e 
^SN^^'r property which they may have appertammg to 
feid corporation.^^.^ ^^^ ^^^^^ ^^^^ ^^^ j^^^-, 

CHAP. LVI. 

An aa to incorporate a nmnber of the inhabitants of the 
town of Ed/ecomb, in the county ot Lincoln, as a reh- 
g^us focietfrby tlie name of the firft Congregational 
Society in Edgecomb. 

Sect 1 . Ke it enacted by the Senate and Uoufe of Rcprc^ 
J^s. in General Court aJe.Ued^ ^t^ ^tl'^B^ n! 
r Tlv;)i- 9t-pnhen Adams, Azariah baiter, joiepii i^um 
:S. '"- tm, I^'cK William Cliito,^, Wmiam », J^^^ 
Mofes Davis, Mofes Davis jim. Henry Dodge, MalacM 
r>nH<re lohn Doda;e, Winthrop Dodge, John Fly, W illiam 
?if ^WiKa.aFly,fun.Ebenezer Gove, John Gove, David 
Gl;-e Vun Ber.[amin Hagget, Benjamin Hagget,]un. Wil- 
W H^cTjet William Hodge, Abner Hood, Daniel Hood, 

or may hereafter afiociate with them, and then i^^ce lo s, 

tution and laws of this commonwealth. 

^vr-r 2 Be it furihcr enofied. That any perion m la 



intention. 



I'OLL BRIDGE. Feb. 20, An. l807. 

actually become a member of, and united in religious wor- 
fhip wisih ilie faid firlt Congregational Society in Edge- 
co'.nb, llich perfon ih.ill, froni the date of fuch certificate, 
be conlidered, with his or her polls and eftate, as a member 
of f lid fociety. 

Sect. 3. Be it further enacted. That when any member pe^fonslea^ 
of the laid firft Congregational Society in Edgecomb, lliall '.^ *'5^"^v t 
fee caufe to leave the fame, and unite in religious worfhip 
Wich any other religious fociety in the faid town, and fliall 
give notice of fuch intention to the clerk of the faid fail 
iociety, and {hall alfo give in his or her name to the clerk 
of fuch other fociety, fifteen days previous to the annual 
cneedng of faid fociety, and fliall have received a certificate 
of memL:!eriliip, figned by the minifter or clerk of faici fo- 
>cie:y, fuch perfon fliall, from the date of inch certificate, 
witii his or her polls and eilate, be conlidered as a member 
of faid fociety : Provided however, that every fuch perfon 
iliail always oe held to pay his or her proportion of all par- 
ifli charges in the fociety to which fuch perfon formerly 
belonged, aifeiled and not paid previous to leaving faid fo- 
ciety. 

Sect. 4. And be it further enacted. That either of the 
juftices of the peace for the county of Lincoln, upon appli- 
cation therefor, is hereby auchorized to iflue a warrant, di- 
rected to fome member of the faid firft Congregational So- 
ciety in Edgecomb, requiring him to notify and warn the 
members thereof, to meet at liich convenient time and place 
as fliall be apointed in faid warrant, for the choice of fuch 
officers as pariihes are bylaw required to choofe at their an- 
nual parifh meetings. 

[This acT: pafTed Feb, 20, 1807.] 

CHAP. LVII. 

An act, in addition to an act, entitled "An act in addition to 
an act, entitled an act for incorporating certain perfons 
for the purpofe of building a Bridge over Kennebeck 
River at Fort Weftern, in the town of Ilallowell." 

JjE/Y enacted by the Senate and Hoife cf Rep- 
refentatives, in General Court affembledi and by the authority of 
the fd'.ie. That the proprietors of the faid bridge fliall be au- 
tho/ized hereafter, to demand and receive for each horfe Toll fixed 
with one rider, twelve and one half cents • and for each fingle 

horfe-cart. 



Jufticcs to i 
a warrant. 



PORTERFIELD, Feb. 120, An. ]807, 

horfe-cart, lied or fleigh, fixlcen cents ; and all the other 
rates of toll for palling laid bridge remain and continue as 
provided in the laid ac1:, palled on the fifth day of February, 
in the year of our Lord one thoufand feven hundred and 
ninety-nine. 

[This ad palTed Teh. 20, 180?.] 



I ^ CHAP. LVIII. 

§ An acl to incorporate a part of the plantation of Porter- 

' field into a town by the name of Porter. 

Sect. 1. ijE it enacted by the Striate and Houfe of Rep ^ 
refentatives, in General Court ajfembled^ and by the authority 
cf the fame ^ That the part of tiie plantation called Porter- 
lield, and all other lands in the county of Oxford, contain- 

oraied, cd witliiii the followinsr boundaries, toj^ether with the in- 
habitants thereon, be, and hereby are incorporated into a 
town by the name of Porter, viz. Beginning on the north 
bank of great Offipee river, on the line between the State 
of New Hampfhire and theDiflricl of Maine, thence north- 
wardly, by New Hampfiiire line, one thoufand nine hun- 
dred and feventy rods, to a flake and ftones ; thence fouth, 
eighty-three degrees eall, one thoufand three hundred rods, 
to a Hake and ftones on the eaft line of the plantation of faicl 
Porterfield ; thence fouthwardly by faid Porterlield line to 
great Oilipee river ; thence up in the middle of faid river 
to New Plampfhire line, the place began at. And the faid 
town of Porter is hereby vefted with all the powers, privi- 
leges and immunities, which other towns in this common- 
wealth, do or m.ay enjoy by the conftitmion and laws 
thereof. 

Sect. 2. And be it further enacted. That Samuel Ayer 
Bradley, Efq. or any other juftice of the peace, in and for 

ifilceto iiTue f^iid couiity of Oxford, be, and hereby is empowered to ifiiie 
his warrant, directed to fome luitable inhabitant of laid 
town of Porter, requiring him to notify and warn the in- 
habitants thereof, qualified to vote in town affairs, to meet 
at luch time and place as Ihall be exprelfed in faid warrant, 
I to clioofe all fuch officers as towns are by-law required to 

choofe, in the months of March or April annually. 
[This act palTcd February 20, 1807.] 

CHAP, 



ROCKY POND.-r-FISH. Feb, 20, An. 1807> V^7 

CHAP. LIX. 

An act to authorize Ephraim Lincoln and Thomas L. Chafe 
to make uib of the waters of Rocky Pond. 

Sect. 1. oE /'/ enacted by the Senate and Houfe of Repre- 
fcntathes, in General Court ajfemblcd, and by the authority of 
the fame. That Ephraim Lincohi and Thomas L. Chafe, be, 
and they are hereby authorized, to dig a drain on the Dams to be 
oafterly fide of Rocky Pond, fo called, lying in the Gore of "^'^^^■ 
Eand between the towns of Weftminller and Leominfter, 
in the county of Worcefter, and to erect Sluices and Dams 
neceiHu-y to retain the waters of faid Pond, to be appro- 
priated for theh' ule and benefit, in turning Mills owned 
by faid Lincoln and Chafe. 

Sect. 2. And be it further enadcd by the authority afore* 
[aid. That any owner of land adjoining on faid Pond fliall 
have the right of damages, if any there be, in confequence Damages re- 
ef drainino; or flowino; faid Pond, to be recovered in the ^o^^'"'^^- 
lame way and manner as is by law provided for the flow- 
ing of lands for the ufe of mills. 

[This acl: pafled February 20, 1807.] 

CHAP. LX. 

An a6l for the prefervation of the Fifh in MafTapaug Ponds, 
(fo called) in the county of Middlefex. 

Sect. 1. JqE // enacted by the Senate and Houfe of Rcpn- 
fentatives, in General Court afj^embled, and by the authority of 
the fume. That from and after the pafling of this acf, it fhall 
not be lawful for any pcrfbn whatever, in the night time, Fifii not to be 
to kill, take, or deftroy, any fifh, in the ponds called MalTa- taken at nij^it. 
paug Ponds, lying between the towns of Dunftable, Groton, 
and Tyngfborough, or in the ffreams running into, and 
iduing therefrom, with fpears, or any implement whatever, 
v.'hich i.s made ufe of, for the purpofe of ftabbing or killing 
the lilh in the faid ponds or ftrcams. 

•' Sect. 2. Be it further enacted. That if any perfon or 
perfons, from and after the paffmg of this aft, in the night 
time, after the letting and before the rifing of the Sun, 
with fpears, or any other implement which is made ufe of 
for the purpofe of killing or taking fifh, fhall kill, take, or 
deftroy, any fifh in laid ponds, called Maffapaug Ponds, or 
jn the ftreams running into or ifiuing thcrefro*n, fuch per- 
fon 



DENMARK. 



Feb. 20, An. 1 80?, 



ion fliall, for each and every fifli fo taken, killed, or de^ 
Penalty. ftroycd, forfeit and pay the fum of Fifty Cents, to be re- 

covered before any court proper to try the fame by action, 
in which the whole penalty fhall enure to the ufe of fuch 
perfon as fhall firft fue for the fame. 

[This act palfed February 20, 1 807.] 



Denmark in- 
corporated. 



Jufiice to ilTue 
•lis v.-arrant. 



CHAP. LXL 

An act to incorporate certain tracts of land in the county 
of Oxford, into a town by the name of Denmark. 

Sect. 1. ijE // enacted by the Senate and llovfe of Repre^ 
fentatives, in General Court affcmbled, and by the authority of the 
fame. That all that part of the Academy grant, Pleafant 
Mountain Gore, and Fofter'is Grant in faid county of Ox- 
ford, and all other lands contained within the following 
boundaries, viz. beginning at the north-eaft corner of Fry- 
burg, and running foutherly by Bridgeton to Baldwin line, 
thence fouth, fixty degrees weft, fix hundred and one rods, 
to a hemlock tree, marked ; thence fouth, eighty-feven de- 
grees weft, fixteen hundred and ten rods to a maple tree 
on the bank of Saco river ; thence up by faid river to a pine 
tree, marked thus. No. 1. SI. EB. ; thence north, twelve 
degrees weft, eight hundred and fifteen rods, to a maple 
tree by Pleafant Pond ; thence northwardly by the Pond 
aforefaid, to Fryburg line ; thence north, forty-three and 
an half degrees eaft, by Fryburg to the firft bound, to- 
gether with the inhabitants thereon, be anji hereby are in- 
corporated into a town by the name of Denmark; and the 
laid town of Denmark is hereby vefted with all the powers, 
privileges, and im.munities, which other towns do or n.ay 
enjoy by the Conftitution and laws of this Commonwealth. 
Sect. 2. Atid be it juriker enacted by the authority afrc- 
faid. That Timothy Ofgood, Efq. or any other Jufiice of 
the Peace, in and for faid county of Oxford, be, and here- 
by is empowered to ifiue his warrant directed to feme 
fuitable inhabitant of faid town of Denmark, requiring him 
to notify and warn the inhabitants thereof, quahfied to vote 
in town afiairs, to meet at fuch time and place as fhall be 
exprefl'ed in faid warrant, to choofe all fuch oflicers as towns 
are by law required to choofe in the months of March 
er April annually. 

[This ad paffed February 20, 1 807.] 



JEFFERSON. Feb. 24, An. 1807. "1^ 

CHAP. LXII. 

An act to incorporate the eaftcrly part of the plantation 
heretofore called Ballftown, into a feparate town by the 
name of .jeftbrlbn. 

Sfct. 1. JjE it enacted by the Senate and Hoiife of Repre- 
fentatives^ in General Court ajjembled, and by the authority of 
' the fame ^ That the eafterly fide of the plantation heretofore JcfTerfm incor- 
called Ballftown, in the county of Lincoln, as defcribed P^"^^'^ 
within the following bounds, be, and hereby is incorporat- 
ed into a town by the name of Jefierfon, viz. — Beginning 
at a red oak tree, marked for a corner, Handing near 
Travel Pond, fo called ; from thence running fouth, fixty 
degrees caft, five miles and two hundred and eighty poles, 
to Union line, to a hemlock tree, marked for a corner ; 
thence fouth one mile and one hundred and forty poles, to 
a tree marked for a corner : thence fouth, lixty-iix degrees 
weft, one mile and two hundred and forty poles, to a tree 
marked for a corner, on Waldoborough line ; thence fouth- 
wcft two miles and two hundred and lixty poles, to Noble- 
borough line, to a tree mark(^d for a corner ; thence weft 
northweft two miles and eighty poles, to a tree marked for 
a corner. Handing on the Ihore of Damifcotta pond ; thence 
acrofs faid pond to the w^eftern fhore of faid pond, thence 
down faid pond, as faid pond runs to New-Caftle line, to a 
tree marked for a corner ; thence weft northweft three 
miles and forty poles, to a ftake and ftones at Turner's 
Brook, fo called, for a corner ; thence north, twenty-feven 
degrees eaft, eleven miles and twenty poles, to the bound 
firft mentioned. And the faid tov/n is hereby vefted with 
all the powers and privileges, and fubject to all the duties 
and requirements, to which other towns are entitled or 
fubjeclcd, by the Conftitution and laws of this Common- 
WTaith. 

Sect. 2. And be it further enaEled^ That cither of the 
Juftices of the peace, for the county of Lincoln, be, and he 
is hereby authorized, to iilue a warrant, directed to fome 
inhabitant of faid town of Jcfferfon, requiring him to notify 
and warn the inhabitants of the faid town, to meet at facli 
convenient time and place as ihall be appointed in laid war- juPJcc to liiw 
rant, for the choice of fuch officers as towns are by law re- ^ ^^arrart. 
quired to choofe at their annual town meetings. 
[This ad paiTed February 2 i-, ] SOT-] 

CHAP. 



^0 



perfons incor- 
porated. 



Members to 
obtaia a ccr- 
tilicatc. 



Members leav- 
ing, to fj<jnify 
their iiitcntiou 



CALVINISTIC BAP. SOCIETY. Feb. 24, Aii. 1807, 

CHAP. LXIII. 

An acl to incorporate a number of the Inhabitants of th« 
plantations of BaUftown, and other places adjoining, in 
the county of Lincoln, into a religious fociety, by the 
name of the Calviniilic Baptifl Society, in Ballftown. 

Sect. 1, liE // enacted by the Senate and Houfe ofRepre- 
fentati'jes^ in General Court aff'cmbled^ and by the authority of 
the fame ^ That Jofeph Arril, Jofeph Baley, David Boynton, 
John Boynton, John Boynton, jun. Richard Boynton, 
David Carlton, Samuel Carlton, Abraham Choat, Mcfes 
Choat, John Dake, Ifaac Davis, Benjarnin Fowles, Jofeph 
Fowles, William Fowles, Abraham Hilton, Ifaac Hilton, 
Thomas Hilton, John King, John Murphy, James jMurphy, 
jun. Jere Norris, Daniel Noyes, Jonathan Noyes, Nathaniel 
Noyes, jun, Aaron Potter, John Philbrick, :\ichard Poor, 
David S. Traik, Jonathan Traik, John Trafk, Thomas Traik, 
Thomas Trari?L,jun. and John Woodman, with their familicij 
and eftates, together with fuch others as already hav^e, or 
may hereafter ailociate with them, and their fucceffors, be, 
and hereby are made a corporation, by the name of the 
Calviniftic Baptift Society in Ballftown, and by that name 
Ihall have perpetual fuccelTion, with all the powers and pri- 
vileges exercifed and enjoyed by other religious focieties, 
according to the Conilitution and laws of this Common- 
wealth. 

Sect. 2. Be it further enadled^ That any peffon belong- 
ing to the faid pl*iitation of Ballftown, or in the adjacent 
towns or plantations who may be delirous to join the faid 
Calviniftic Baptift Society, and ftiall declare fvich intentions 
in writing, to the elder or clerk of faid fociety, fifteen da)'s 
at leaft, previous to the annual fociety meeting, and iliall re- 
ceive a certificate figned by the faid elder and clerk, that he 
or ftie has actually become a member of, and united in reli- 
gious worfhip with the faid fociety in B dlftown, fucii per- 
Ibn fhall, from the date of fuch certificate, be confioered, 
with his or her polls a'nd eftate, a member of fiiid fociety. 

Sect. 3. Be it further enacted^ That when any member 
of the faid Calviniftic Baptift Society in Balftown, fliall fee 
caufe to leave the fame, and to unite in religious worfhip 
with any other fociety, and Ihall give notice of fuch inten- 
■ tlnns to the eider or clerk of the faid Baptift Society, and 
fhall alfo give in his or her name, to the minifter or clerk 
of fuch other focicLy, fifteen days, at leaft, previous to the 

annual 



BAPTIST SOCIETIES. Feb, 24, An. 1807. 8\ 

annual foclety meeting, and fliall have received a certificate 
of mcmbcrlhip, figned by the minifter and clerk of fuch fo- 
ciety, fuch perfon (liall, from the date of fuch certificate, 
with his or her polls and eftate, be confidered a member of 
faid fociety : Provided however^ that every fuch perfon Iliall 
ahvays be held to pay his or her proportion of all pariih 
charges in the fociety to which fuch perfons belong, aifeiied 
and not paid previous to leaving laid fociety. 

SiLCT. 4. And he it further enacted^ That either of the 
Juftices of the Peace for the county of Lincoln, is hereby 
authorized to iffue a warrant, directed to fome member of Jufiice to iiTuts 
the faid Calviniftic Baptifi: Society, requiring him to notify *^^"^" • 
and vv'arn the members thereof, to meet at fuch convenient 
time and place, as fhall be expreflfed in the faid warrant, 
for the choice of fuch oflicers as pariflies or religious focie- 
ties are by law empowered to choofe at their annual parifli 



meetmors. 



[This aa paiTed February 24, 1 807.] 



CHAP. LXIV. 

An act, fetting off Bracey Banks and others, from the Con« 
gregational Society in the town of Saco, and annexing 
them to the firft Baptift Society in the town of Buxton. 

IjE // enacted by the Senate and Houfe of Repre- 
fcnfatives, in General Court ajfemhled^ and by the authority of the 
fame^ That Bracey Banks, Samuel Woodfom, Jofiah King, 
Thomas Andrews, Robert Cleaves, Ephraim Bryant, Robert 
Cleaves, jun. Ecnjamin Simpfon, Jofeph Gilford, Stephen perfonsfettfff. 
Seavey, Jofeph Richards, Samuel Chamberlain, Nathan 
Hopkinfon, and Ephraim Bryant, jun. of Saco, in the coun^ 
ty of York, v/itii their polls and efi:ates, both real and per- 
fonal, be fet off from the Congregational Society, in Saco, 
and annexed to the firft Baptift Society in Buxton : Pro- 
•vidcd^ tliat the faid Bracey Banks, Samuel Woodfom, Jofiah 
King Thomas Andrews, Robert Cleaves, Ephraim Bryant 
Robert Cleaves, jun. Benjamin Simpfon, Jofeph Gilford, 
Stephen Seavey, Jofeph Richards, Samuel Chamberlain, 
Nathan Hopkinfon, and Ephraim Bryant, jun. fliall pay to 
the fiiid Congregational Society all taxes, lawfully afl'effed 
on them, in the lame manner they would have been holden 
to do, had not this ad: paffed. 

[This ad paffed February 24, 1807.] 

L CHAR 



^ BRIGHTON. Feb. 24, An. 1807* 

CHAP. LXV. 

An act to divide tlie town of Cambridge, and to incorpo- 
rate the foutherly parifli therein as a feparate town, by 
the name of Brighton. 

Sfct. 1. Jt)E // enacted by the Senate ajid Hovfe of Rep- 
Brighton incor. fefentatlves^ in General Court afcmbled, and by the authority 
of thefame^ That all that part of the town of Cambridge fit- 
uate on the fouth fide of Charles River, heretofore known 
2& the Third Pariih, and as defcribed within the following, 
bounds, together with the inhabitants thereon, be, and the 
fame is hereby incorporated into a feparate town, by the 
Boundaries, name of Brighton-*-viz. Beginning at Brookline line,where 
Charles River interfefts the fame, and running on a line ia 
the middle of faid Charles River, until it ftrikes Newton 
line, thence along Newton line until it interfecls Brookline 
line ; thence on faid line of Brookline to faid Charles Riv- 
er, firft mentioned ; and the faid town of Brighton is here- 
, by veiled with all the powers, privileges, and immunities, 

and fhall alfo be fubjefted to all the duties to which other* 
corporate towns are entitled and fubjecled by the confti- 
^°^* ■ tution and laws of this commonwealth : Provided however^ 
that nothing in this acl Ihall be fo conftrued as to impair 
the right or privilege of the Congregational minifters of 
the faid town of Brighton, which they hold in Harvard 
College, 

Sect. 2. Be it further eyiactcd^ That the faid town of 
Brighton fliall be entitled to hold fuch proportion of all the 
jroper^tyTo be ^^^^ ^^^^ perfonal cftatc, now belonging to, and owned in 
leid by Bngh- common by the inhabitants of the prefent town of Cam- 
^' bridge, as the property of the inhabitants of the faid town 

of Brighton now bears to the property of all the inhabit- 
ants of the prefent town of Cambridge, according to the 
lateft valuation thereof, excepting always, all right of com- 
mon landing places, ufes, and privileges, heretofore pof- 
feffed by the inhabitants of faid town of Cambridge, alt 
which ftiall be held and enjoyed by the towns refpedively 
within whofe limits the fame may be, 
i:o pay their Sect, 3. Be it further enacted^ That the faid town of 
K Ir "^ Brighton fhall be holden to pay their proportion, to be af- 
certained as aforefaid, of all the debts and claims now due 
; and owing from the faid town of Cambridge, or which may 

hereafter be found due and owing by reafon of any con- 

trac'c 



SOCIAL LIBRARIES. fV3. 24, An. 1807. 9S 

tract, engagement, judgment of Court, ot any matter or 
thing, now or heretofore entered into or exifting. 

Skct. 4. Be it further enacted. That the faid town of 
Brigiiton Ihall be holden to fupport their proportion of the supporting tbp 
prelent poor of the town of Cambridge, which proportion ^^^' 
ihall be afcertained as aforefaid, and all perfons, who fliall ! 

or may hereafter become chargeable as paupers, fliall be '^ 

confidered as belonging to that town on whofe territory 
they ha^'^e gained a legal fettlement at the palling of this ad:, 
and fliall be fupported by that town only. 

Sect. 5. Be it further enacted^ That the faid town of 
Brighton fliall keep up and fupport their proportion of a 
bridge over Charles River, between faid town and the town Supporting the 
of Cambridge, fo long as faid bridge may be deemed by " ^' 
law, neceflary ; foid proportion to be afcertained by the 
ilate valuation from time to time. 

Sect. 6. Be it further enacted. That either of the juf- j„ft;ce to iflii^ 
dees of the peace for the county of Middlefex, is hereby i"s warrant, 
authorized to iflue a warrant, directed to fome inhabitant 
of the faid town of Brighton, requiring him to notify and 
warn the inhabitants thereof to meet at fucli convenient 
time and place as fliall be exprefled in the faid warrant, for 
the choice of all fuch officers, as towns are by law required 
to choofe, in the months of March or April, annually. 

Sect. 7. Be it further enacted. That the faid town of 
Brighton IhaU pay their proportion of all ftate and county Jo/of taiK^^'^ 
taxes, as are already, or may hereafter, be affefl'ed upon the 
inhabitants of the town of Cambridge, until the General 
Court fhall lay a tax upon faid town of Brighton. 
[This ad pafTed Fchruary 24, 1807.] 



CHAP. LXVL 

^n act. In addition to an ad, entitled An ad to enable the 
proprietors of Social Libraries to manage the fame. 

IjE // enacted by the Senate and Houfe of Repre- 
fentatives, in General Court affembled, and by the authority of 
the fame. That any feven or more perfons, who are officers 
in any divifion of the militia of this commonwealth, who 
fliall by writing, affociate themfelves for the purpofe of for- 
ming a Military Library Society, within the limits of their 
divilion, may become a body politic, by the name of the Military Libra. 
Military Library Society, in th^ divifion, for the «-y society. 

cxprefs 



i 



MOOSE BROOK CANAL. Feb. 24, An. 1807. 

exprels purpofe ot purchafmg, holding, increafing, preferv- 
in ', and uiing inch library ; and to this end, any live or 
more of them may make an application in writing to any 
juliice ot the peace, within the limits of the divilion to 
which faid applicants may belong, ftating the purpofes of 
their meeting, and reque iling him to call a meeting of the 
faid proprietors. And the laid juftice may thereon grant 
his warrant to any one of them, directing him to call a 
meeting of the faid proprietors at the time and place ex- 
preiTed'in fuch warrant ; and faid meeting (hall be called 
by polling up the purport of faid warrant, in fuch public 
places, within the diyifion, where the faid library is to be 
kept, or by publifliing the lame in one or more newfpapers 
printed within the fud divifion, twenty days at leafl, before 
the time of faid meeting, as the faid juftice Ihall order. And, 
the laid proprietors being thus met and organized, may 
then agree and determine upon the method of calling future 
meetings ; and fhali be entitled to all the other rights, pow- 
ers, and privileges, and be under all the limitations and re- 
{uriclions, mutatis mutandis, w hich are contained in the ac^ 
to which this is an addition. 

[Thisactpafled/t^Z'. 24, 1807.} 



CHAP. LXVII. 

An acl to incorporate certain perfons for the purpofe of 
making a Canal, on Moofe Brook, in the town of Brown- 
field, in the county of Oxford, by the name of the Pro-. 
prietors of Moofe Brook Canal. 

Sect. 1. CE it enacted by the Senate and Hoi/fe of Repre- 
fentati-ves, in GeJterai Court ajfernbled, and by the authority of 
the fame^ That Cyrus Ingals, Elias Berry, Dean Ofgood, 
Perfons incorpo- Jofeph Walker, Enoch Perley, Seth Spring, Jofeph Howard, 
Robert Andrews, Ifaiah Ingals, Phinehas Ingals, Jacob 
Smith, Daniel Brjgham, James Emerfon, Jamies Flint, Jo- 
feph Sears, and Henry Y. B. Ofgood, together with fuch 
' other perfons as may hereafter be affociated with them^ 

and their fucceffors, fhall be a corporation by the name of 
the proprietors of the Moofe Brook Canal, and by that 
name may fue and be fued, defend and be defended, profe- 
cute and be profecuted : Ihall have a common feal, whicli 
they may at pleq/ure alter, and ihall enjoy all privileges and 

jpowcrs, 



I^IOOSE BROOK CANAL. Feb, 24, An. 1807. 85 

powers, and do and lutTer all fuch matters and things as 
are incident to fimilar corporations. 

Sect. 2. Be it further enacted. That the proprietors 
aforeCiid, be, and hereby are empowered, within the term 
of five years from the palling of this act, to make a Canal Empowered to 
from the bridge near Ingal.' Mill, fo called, in Brownfield, "^akeacaaa]. 
aforefaid, to the mouth of Moofe Brook into Saco River, 
in the moil convenient diredion and moft fuitable places 
for making faid canal, and for loading and unloading and 
tranfporting any lumber and other commodities therein. 

Sect. 3. Be it further enacted, That if any perfon or 
perfons (hall fuffcr any damage by means of faid canal, and ^^^^^^ ^^ ^^^ 
the parties cannot agree upon the amount of damages thus termining the 
occafioncd, nor upon fome fuitable perfon or perfons to efti- amount of dam- 
mate the fame, then, and in fuch cafe, fome dilinterefted ° 
committee ot three freeholders in faid county, fhall be ap- 
pointed by the Court of Com.mon Pleas, or by two juftices 
of the quorum, in and for faid county, and the determina- 
tion of the committee or referees io appointed, fliall be the 
mcafure of laid damages ; Provided however, that if either Pf^vifo. 
party ihall be diflatished wath the report of faid referees fo 
appointed, and Ihali, at the fame lefTion of the court afore- 
laid, at which faid report fliall be made, apply to faid court 
for a trial by jury, in the manner other caufes are deter- 
mined, the court aforefaid, Ihall have power to determine 
the lame by jury as aforefaid ; and if the verdict of the ju- 
ry lliall not give to the party applying a greater fum in 
damages than faid referees Ihail have awarded as aforefaid, 
then the laid court fliall award colls againfb the applicants ; 
but if faid laft decifion fhall be mor^ favorable to the party 
applying than the report of faid referees, then the faid court 
lliali render judgm.ent accordingly, and ilTue execution in 
either cafe. 

Sect. 4. Be it further enacted. That if any perfon or 
perfons fhall wilfully and mifchievoully in any way dellroy 
or iniure faid canal, or any works or part thereof, or divert „ , , 
or obllruct the waters to the damage or the proprietors chievoufiy injui 
thereof, he, Ihe, or they fhall pay treble the value of fuch i»g- 
damage, as faid proprietors fhall, before the court and jury- 
before whom the trial fliall be had, make to appear, faid 
proprietors have fuflained by means of faid trefpafs, to be 
}"ued for and recovered in any court proper to try the fame. 

Sect. 3. Be it further enacted. That for the pur pole of toI! granted; 
remvinc rating faid proprietors for the monies by them ex- 
pended. 



86 MOOSE BROOK CANAL. m.'24<. An. 180% 

pended, and to be expended in building and fupporting 

laid canal, a toil be, and hereby is granted and eltabliftied 

for the beneht of" laid proprietors, their heirs, llicceflors and 

afligns, according to the rates following, viz. for each mill- 

Rzxes of toll, log one cent, for each thouiand of clapboards and Ihingles 

one and an half cent, for each thoufand of board, plank, 

and flitwork, three cents ; for malls, fpars, ranging and 

other timber, three cents per ton ; provided, that nothing 

in this ad ihall in any way diminilh the toll of one cent on 

i a mill-log to the within named Cyrus Ingals for paffing 

* through the faid Ingals' Hip above laid canal. 

Sect. 6. Be it further enacted, Ihat faid proprietors 
ll>all, as foon as faid canal is, in the opinion of the Court of 
Common Pleas in faid county of Oxford, or in the opinion 
of a committee appointed by faid court, completed, have 
power to recover the toll as aforefaid, on all tne feverai ar- 
ticles as they pals and repafs, and to retain them or any part 
of them, if payment fhouid be refufed. 
' Sect. 7. Be it further enacted. That upon the applica- 

-.^ tion of any three of laid proprietors to any iuftice ot the 
» warrant. pedte m the laid county of Oxford, requefhng \\ixi\ to call a 
meeting of faid proprietors, to be hoiden at fome convenient 
place near laid canal, fuch juftice Ihall be, and is hereby 
empowered to iflue his warrant directed to one of laid pro- 
prietors, (requclHng him to notify and warn his aiiociates 
to meet at fuch time and place as fliall be directed in fai4 
warrant,) who, when met, may agree upon a method tor 
i calHng future meetings of faid proprietors, and do and 

tranfaft all fuch other matters and things of the propriety 
as Ihall be exprefi'ed in faid warrant, and not contrary to 
the laws and conilitution of this commonwealth. 

Sect. 8. Be it further enacted. That faid proprietors be, 
Toprictors may and they hereby are authorized and empowered to pur- 
chafe and to hold to them and their fucceiiors, forever, fo 
much real eftate as (hall be necelfary for the purpofes afore- 
faid, not exceeding one thoufand dollars. 

Sect. 9. Be it further enacted. That each proprietor 
lliall have a right to vote in proprietary meetings according 
to his intereft, either in perlon or by legal reprefentation, 

[[This ad palled February 24, 1 807.] 

CflAR 



LOTTERY.— ATTLEBORO* SOC. Feb. 24, An. 1807. 87 

CHAP. LXVIII. 

An acl to repeal the fifth feclion of an act, entitled, " An 
act authorizing a Lottery for the purpofe of completing 
Hatfield Bridge." 

Sect. 1. r>E it enacted by the Senate and Houfe of Rcpre- 
fentatives^ in General Court ajfe?nbled^ and by the authority of the 
fame. That the fifth feftion of the act, aforefaid, be, and the 
fame is, hereby repealed. 

Sect. 2. Be it further enaded by the authority aforefaidj 
That no one fhall be permitted to fell any parts of tickets 
in any future clafs of the aforefaid Lottery, except luch 
as are figned by fome one or more of the Managers of laid 
Lottery. 

[This acT: paffed February 24, 1807.] 



CHAP. LXIX. 

An act to incorporate a number of the inhabitants of the 
fecond Precinct in the town of Attleborough, into a reli- 
gious fociety, by the name of the Second Congregational 
Parifh in Attleborough. • 

Whereas, a number of the inhabitants, be- Preambi'?. 
longing to the religious fociety of the fecond Precinct in 
the town of Attleborough, in the county of Briftol, where- 
of the Rev. Nathan Holman is their prefent Paftor, have 
petitioned this court to be incorporated ; Ihewirg that the 
faid Precinct is poflVlTed in their own right, of a fmall lot 
of land, called the meeting-houfe lot, in faid Precin6t, with 
a meeting-houle thereon, and alfo of eleven hundred and forty 
dollars, a^^ a fund for fupporting a Minilter of the Gofpel in 
faid Precinft. 

Sect. 1. BE it enacted by the Senate and Houfe of Repre- PerJ-'os incor- 
fentatives, in General Court ofjembled, and by the authority of the P°"^^'^^^ 
fame. That Noah Blandin, Jacob Bolkcom, Joab Dagget, 
Thomas French, Caleb Richardfon, jun. Nathaniel Robin- 
fon, Henry Sweet and Peter Thachcr, together with fuch 
other perfons as have, or may hereafter aiTociate with them 
and their fucceffors, be, and they are hereby incorporated 
into a body politic, with perpetual fucccffion, by the name 
of The Congregational Society in the fecond Precind: in 
Attleborough. 

Skct, 



•8S 



ATTLEBORO' SOCIETY. 



Feb. 24, An. 1807- 



Trudees ap- 
pointed. 



Empowered. 



Turther powers, 



Sect. 2. Be it further enacted. That Noah Blandin, Jacob 
Bblkcom, Joab Dagget, Thomas French, Caleb Richardfon, 
jun. Nathaniel Robinibn, Henry Sweet, and Peter Thacher 
be, and' they hereby are, appointed trullees, to manage fuch 
funds as already are, or fhall be hereafter raifed and appro- 
priated, to the fapport of a minifter of the Congregational 
denomination in laid fodety ; and for this purpofe, the 
trullees before named, and their fuccelTors forever, Ihall be 
known in law, by the name of The Truftees of the Con- 
gregational Society in the Second Precinrl in Attleborough ; 
and the faid truftees, in behalf, and under the dirediion of 
the faid fociety, fhall have power, from time to time, to 
receive, polfefs, enjoy, improve and retain, monies, and 
fecurities for money already raifed ; and all monies, fub- 
fcriptions, donations, and fecurities for real or perfonal 
eftate, which may be hereafter given, raifed, or fubfcribed, 
for the purpofe aforefaid, and ihall have power to fell and 
convey lands and tenements, the fee whereof may veil in 
them, by way of mortgage, or operation of law. And the 
faid truftees may put, and keep to ufe or intereft, the eleven 
hundred and forty dollars aforefaid, until the principal and 
intereft, with what may be added thereto, fhall amount to 
four thoufand dollars, from which time, and afterwards, the 
intereft, or annual income thereof, (hall be annually paid 
for the fupport of fuch Congregational teacher'of Religion, 
as now is, or fhall be hereafter, regularly ordained and 
fettled in faid Precind, by the joint concurrence of the 
Church and inhabitants in faid Precincl, being legal voters 
and attendants at the ftated religious meetings of the faid 
Congregational teacher or minifter. 

Sect. 3. Be it further enacted. That during any vacancy 
in faid PrecincH:, of a regularly ordained m.inifter, as afore- 
faid, the faid truftees fliall appropriate fuch intereft or in- 
come, to increafe the principal of the fund ; and alfo at all 
times to add to the principal of the fund, after it may 
amount to the fum of four thoufand dollars, all monies or 
fecurities for money, donations, or fecurities for real or 
perfonal property ; and. Provided alfo, that if at any time, 
the annual income or intereft of the whole, fliall be more 
than fufficient to pay the ftated minifter what he hath a 
legal right by contraft to receive, the overplus may be ap- 
plied to rebuilding, enlarging, or repairing, of their meet- 
ing-houfe, or any other purpofe of public utility, as the faid 
fociety fnall direcl. 

SscT. 



WOOD k TIMBER. Feb. 24, An. 180% 89 

Sect. 4. Be it further enacted^ That the faid fociety vacancies filled. 
may fill all vacancies among the truftees, or other officers 
of the faid fociety, whether they happen by death, refig- 
nation, or otherwife, fo that there may always be feven 
truftees, and no number lefs than three truftees fliall con- Compenfation. 
ftitute a quorum for doing buftnefs ; and the fakl lociety 
may make their officers fuch compenfation for their time 
and fervices, as they may iudge rcafonable, but no part of 
the principal of i'aid fund fliall ever be expendend for any 
purpofe whatfoever. 

Sr.cT. 5. Be it further enacted^ That the faid fociety fliall choice of clerk 
liold their firft meeting on the laft Monday in March next, *" 
and fhall then choofe a clerk, who fhall be fworn to make 
a fair record of all the proceedings of the fociety, and alfo 
a treafurer, who fliall receive all money and fecurilies be- 
longing to faid fund, when the truftees iliail order the fame 
into his hands, and fliall keep an account of 2ill monies and 
fecurities for money, belonging to the faid fund, to whom 
it is loaned, and for what time. And the faid fociety may 
at their firft mepting, and from time to time afterwards, as 
occailon may require, make fuch rules and by-laws, and for 
the admiffion of members, as they may think neceflary, and 
to eftablifli the manner of callino; future meetino;s, and to 
appoint an agent or agents, in behalf of faid fociety, when 
they may judge it expedient. 

Sect. 6. And be it further enacted. That any Juftice of Jurtice to iffue 
the Peace for the county of Briftol, is hereby auihorized to 
iifue a warrant, directed to fome member of faid fociety, 
requiring him to notify and warn the members thereof to 
meet at fuch convenient time and places, as fhall be expreff"- 
ed in faid warrant, for the choice of truftees. and fuch other 
officers, as Pariflies are by law empowered to choofe at their 
annual parifli meetings. 

[This acl paflbd February 24, 1 80?.] 



CHAP. LXX. 

An ad for the better prefervation of the growth of the 
w^ood and timber, on a tract of woodland, lying in the 
towns of Wenham and Hamilton. 

Sect. 1. JjE it enaclcd by the Senate and Hovfe of Repre- 

fentatinjes, in General Court ajfcmhled, and by the authority of 

the fame, That for the better prefervation of the growth of 

M die 



a warrant. 



JO WOOD k TIMBER. M. 24, An. 1807. 

the wood and timber, on a certain tract or parcel of wood- 
land, commonly known by the name of Wenham Great 
SouiKiariesv Swamp, and bounded as follows, viz. Beginning at Plea- 
fant Pond brook, commonly fo called ; thence foutherly by 
Pleafant Pond and land of adjacent proprietors ; wefterly on 
a meadow, known by the name of Wenham Great Meadow, 
to the Nail Maple, fo called, near Ifpwich river in Tops- 
field ; thence to faid river, and northerly by faid river to 
hnd of Reuben Smith ; thence eallerly by land of faid 
Smith, and other adjacent proprietors, to Pleafant Pond 
'Proprietors m- brook, aforementioned ; the proprietors of faid lands, their 
u-orporate . j^^irs and affigns, be, and hereby are incorporated and in- 
vefted with all the powers and privileges which the pFoprie- 
tors of common and general fields by law are invefted with. 
Sect. 2. And be it further enaded^ That if any of the 
faid proprietors, or any field driver, or hay-ward duly ap- 
pointed by them, fliall find any horfe, or horfe kind, neat 
cattle or iheep, going at large in faid woodland, the owner 
or owners thereof, Ihall forfeit and pay to the ule of faid 
Penalty. proprietors, or field driver, or hay-vv- ard, one dollar a head 

for neat cattle, and the fame for each horfe or horfe kind, 
and thirty cents for each flieep fo found going at large ; the 
fame to be recovered as in cafes of creatures taking damage 
faifant in any general and common field. 
Proprietors to Sect. 3. Be it further cnacled^ That faid adjacent pro- 
"i'n?iT'""P^'ietors fliall be feverally entitled to have and hold all the 
fence now fi:anding on the dividing line between their re- 
fpective clofes and faid fwamp, and they fliall feverally be 
holden to make and maintain a letral and lufiicient fence 
upon the whole of the line aforefaid, during the continu- 
ance of this acl, and at the expiration thereof, one hak the 
fence on tli^ line aforefaid, Ihail revert to, and be holden 
by faid proprietors ; and the faid adjacent proprietors fever- 
ally, fliall be entitled to demand and receive of the faid 
proprietors, at and after the ra.te oi fe-veiity cents for each 
and every rod of one half the fence on the dividing line 
aforefaid, and if the faid proprietors, fliall tail for the fpace 
of fix months after the n)aking and completing fuch fence, 
and due notice thereof given to their clerk, to pay the 
amount which may be due for fuch half of the fence, then 
the faid adjacent proprietors, feverally, flilll be entitled ta 
an adion for the recovery thereof, in any court proper to 
. try the fame* 

Sect. 



XlVth MASS. TURN.— BAP. SOC. Feb. 24, An. J 807. 91 

Sect. 4. Be it further enacted. That tliis aft fliall con- Termofcoiv 
tinue and be in force for the term of ten years from the t'»u^ncc. 
palling thereof, and no longer. 

[This ad palTed February 24, 1807.] 



CHAP. LXXI. 

An aft authorizing the Fourteenth MafTaclmfetts Turnpike 
Corporation to ereft a gate, and take toll at the fame, 
when a part of their road fhall be completed. 

Sect. 1. OE it enabled by the Senate and Houfe of Repre^ 
fentatives^ in General Court afjhnbled, and by the authority of the 
fd?ne. That whenever that part of the fourteenth Malfachu- 
fetts Turnpike Road, which extends from Calvin Munn's, 
in Greenfield, to the widow Kemp's, in Shelburn, where it 
interfefts the county road, leading from Greenfield to 
Charlemont, fliall be fuiiiciently made, agreeably to the 
afts eftablifhing and relating to faid turnpike, and fliall be 
fo allowed by a committee to be appointed by the Court of 
General Seflions of the Peace, for the county of Hampfliire ; 
then faid corporation fhall be authorized to ereft a gate, 
and take toll, at the rates eftabliflied by the aft incorporat- 
ing the proprietors of faid road, at fuch place as faid pro- 
prietors fliall choofe, with the confent and approbation of 
the committee aforefaid. 

[This aft paired February 24, 1807.] 



CHAP. LXXII. 

An aft to incorporate fundry perfons by the name of The 
Firil BaptiR Society of Vaflalborough. 

Sect. 1. ijE it enacted, by the Senate and Houfe of Repre* 
fentatives, in General Court affe?nbled, and by the authority of 
the fame. That Jonathan Farfield, James Brackett, jun. iohn 
Brackett, W. D. Moody, Hoiman Johnfon, Allen Wing, 
Phineas Weeks, JelTe Martin, Solomon Brun, Gideon Wing, pomcl'"'^'' 
Barnabas Parker, Phillip Colebey, Timothy Hamblin, Coker 
Marble, Parker 13urges, Malti ir Famis, Francis M. Rollins, 
Jonas Prieft, Jofeph Blafdell, Thomas Sewell, William 
Getcheil, Samnel Livermore, John C. Webtter, Frederick 
W. Heerman, Afa Gould, Jabez Hamblin, William Dickey, 
Nathaniel Doe, Samuel Godfrey, Ezekiel Wyman, David 

Burges, 



92 



SALT WORKS. 



Feb. 25, An. 1807, 



! Juflice to i 
a warrant. 



Burges, Giles Sewards, William Pullen, Michael Crowell, 
and Joieph Robinlon,jun. with fuch as have, or hereafter 
fliall jt)in them, be, and they are hereby incorporated into 
a body corporate and politic, by the name of" the firll Bap- 
tift Society in VaiTalborough, with all the privileges and im- 
munities belonging to parifties in this commonw^eakh, and 
fubjeft to all the duties to which pariihes are fubjecl by the 
conibtution and laws of this commonwealth. 
^^g Sect. 2. Be it further enacted^ That any juftice of the 
peace for the county of Kennebeck, is hereby authorized, 
upon application of any three of faid fociety, to iflue a 
warrant for the firft meeting of faid fociety, to be direct- 
ed to any mem^ber of faid fociety, and to be ferved as in 
faid w^arrant lliall be directed ; and faid fociety may, at 
faid meeting, agree upon the method of calling future 
meetings. 

[This acT: paffed Feb. 24, 1807.] 



preamble. 



CHAP. LXXIII. 

An ad to incorporate John Gilman Taylor and others, by 
the name of the Proprietors of the Salt Works in North 
Yarmouth. 

W HE RE AS, John Gilman Taylor, a citizen of the 
United States, has obtained letters patent, bearing the feal 
of the United States, dated November 15th, 1805, for the 
manufacturing of Sea Salt on a new^ plan ; and whereas, 
the faid John G. Taylor and others, his affociates, have 
foimed a company in North Yarmouth, in the county of 
Cumberland, for the purpofe of carrying on the manufac- 
ture of Sea Salt on faid new plan, imd have petitioned the 
General Court that they may be incorporated, wdth fuch 
powers as may enable them, more conveniently and effect- 
ually, to execute the purpofe aforeiaid. 

Sect. 1. BE it enadcd by the Senate and Houfe of Rep- 
refentati-ves^ in General Court afjembkd^ and by the authority 
Proprietors of of the fame. That John Gilman Taylor, Ammi Ruhamah 
. yak Works iu- Mitchell, Eiiflia Pomeroy Cutler, Edward Ruffell, and Seth 
Mitchell, with others, their aiiociates, and all peiions who 
may hereafter become pai'tncrs in faid company, be, and 
they hereby are made and conilituted a body politic and 
coiporate, by the name of "The Proprietors of the Salt 
Works in North Yarmouth," and by that name may fue 

and 



corporated. 



SALTWORKS. Feb. 25, An. 1^01. S:; 

and be fucd, in all aclions, real, perfonal, or mixed, to final 
judgment and execution ; and may do and fufFer all a6ts, 
matters and things, which bodies politic may do and fufler, 
and may have and ufe a common feal, and the fame may 
break and alter at pleaiure : Provided however, that any Provifo.. 
proprietor aUenating his or her Ihare or ihares, in faid com- 
pany, Ihall thereupon, in relpecl thereto, ceafe to be a mem- 
ber ot laid corp(n'ation, and the aliignee thereof, and his 
heirs and ailigns, Ihall be in refpecl thereto, thenceforward 
a member of faid corporation, veiled with all the rights, 
and fubject to aU the duties, penalties and payments which 
the alhgnee thereof was, or might have been veiled with, 
or liable to. 

Skct. '2. Be it further enacted. That the fiiid corpora- 
tion may be lawfully feized and poifeffed of fuch real ellate hoiTreaSue7 
as may be neceilary and convenient for eftablilhing and 
cari ying on laid manutaclory and the bufmefs aforefaid, 
and ot luch perionai ellate as Ihall be actually employed 
therein : Provided, fuch real eftate ihall not exceed the 
value of thirty thoufand dollars, and the perfonal eflate two 
hundred thoufand dollars. 

Sect. 3. Be it further enacted. That the property of 
faid corporation IhaU be, and hereby is divided into lixty 
fhares, and ihall be numbered in progrellive order, begin- Propertydividcd 
fang at number one, and every original number thereof 
fliall have a certificate under the feal of the corporation, 
and ligned by the treafurer. 

Sect. 4. Be it further enacted. That the diid corpora- 
tion fliall annually elect a clerk, who fh.all be under oath 
to the faithtul performance of his duty ; a treafurer, who 
ihall give bonds in fuch ium as the corporation iliall deem 
proper, and fuch other oliicers, directors, agents, factors 
and committees, as to laid corporation ihall appear neceilary 
for the management and government thereof, and each 
member ihall have one vote for every ihare, not exceeding 
fix ; and the faid corporation, at any legal meeting may 
make reafonable rules and by-laws, and the fame may re- 
peal at pleafure ; Provided laid rules and by-laws, iliall not ^''°^''^''' 
be repugnant to the conllitution and laws of this common- 
wealth ; and provided, that the proprietors pf forty ihares 
iliall alient thereto. 

Sect. .5, Be it further enacted. That faid corporation, 

at any legal meeting, may from time to time aliefs upon 

each Ihare, fuch fum and funis of money, as ihall be judged AffcfTineutf, 

by laid corporation neceilary for carrying on laid nianutac- 

' • ' ' tory. 



rj4 SALT WORKS. Feb. 25, An. 180Y. 

tory, and defraying the expenfes thereof and other charges 
incident thereto, to be paid lo then' trcaiurer at inch time 
or times, or by iuch initalments as ihail be direded by the 
corporation ; and ii' the lum airciied on any liiare, fliall be 
in arrear and unpaid, either in the whole or in part, tor 
ten days atter the iime dire^ed tor payment as aforefaid, 
the trealurer iiiah have tuli power and and authority to fell 
fuch fhare at public auclion to the higheil bidder, the time 
delinquent.;. ^^^ placc otluch lale being made public in Iuch manner as 
faid corporation ihaU have betore directed, by fome uni- 
form rule or by-law made tor that purpofe 5 and upon 
Iuch fale, the trealurer may execute and acknowledge ^ 
legal deed thereof, which deed being recorded by the clerk 
in a book to be ktpt tor t;he purpofe of recording deeds 
of transter, and pi oauced to the trealurer fo recorded, he 
lliall give to the purchaler a certificate, executed as afore- 
faid ; and the trealurer ihall deduct from the purchafe mo- 
ney fo much of the laid alieiinient as Ihail be in arrear, 
and the reafonable charges or tale, and the reiidue he tiiail 
pay to the delinquent proprietor, or his order, upon de^ 
mand. 

St-CT. 6. Be it further enacted^ That any three of faid 
proprietors may call the hilt meeting of the faid corpora- 
caUb°"%rft^ tion, to be huiden at Seth Mitchell's, innholder, in faid 
meeting. North Yarmouth, on the fecond Monday of March next, 
they giving notice to every member of the corporation five 
days at lealt previous to faid meeting ; and all future meet- 
ings of the laid corporation fiiaU be called in iuch method, 
and by fuch officer or officers as the laid corporation fhali, 
at their faid firii meeting, or at any future meeting here- 
after direct. ^ 

Sect. 7. Be it further enaded. That any fhare may be 
sftares transfer- alienated by the proprietor thereof, by a deed under his 
»^ie, hand and leal, and acknowledged before fome juftice of 

the peace, and recorded by the clerk ; and any new pro- 
prietor, on producing to the trealurer fuch deed fo record- 
ed, and delivering up the former certiucate, fhall be enti- 
tled to a new certificate. 

Sect. 8. Be it further cnaded. That all dividends of 
monies arifing from the prohis of ttie faid manutactory, 
§^irnouionrf fl^^^i be apportioned upon the feveral fliares equally ; that 
no dividends ihall be made, but purluant to a vote of the 
corporation, palled at a meeting iegaliy called, and fuch div- 
idends fliaU be paid by the treafurer to the proprietors, or 
their written order on demand. 

Sect* 



SALT WORKS— FISH. Feb. 25, An. 1807. 9J 

Sect. 9. Be it further enacted, Th?.t when any propri- Duty of cxecu- 
ctor (liall die, polTcfled of iiny Ihare or fliares in faid com- '""• "^ ^d"i;"ii; 

' » , . • , , . I trator 111 cafe of 

pany, his executor or adminiltrator, upon producing to the dcccafe. 
treasurer I'uch deceafed proprietor's certificate or certiiicates, 
lliall be entitled to receive a new certificate in form afore- 
faid, certifying the property of fuch fliare or fhares, to be- 
long: to fuch executor or adminiftrator, who fliail hold fuch 
ihare or fliares, as perfonal eftate, of fuch deceaied proprie- 
tor, and fliall and may fell and difpofe of the famfe at public 
auction or otherwife, in the fame manner as by law he 
might fell and difpofe of any chatties of fuch deceafed pro- 
prietor. And fuch executor or adminiftrator, fliall or may 
execute and acknowledge, a deed or deeds of fuch fliare or 
fliares, and the purchafer producing to the treafurer the cer- 
tificate or certificates, given to fuch executor or adminif- 
trator, fliall be entitled to receive a new certificate or cer- 
tificates, executed in the form aforefaid, certifying fuch 
fliare or fliares to belong to fuch purchafer ; and fuch ex- 
ecutor or adminiftrator who fliall not have fold fuch fliare 
or fliares, Ihall, immediately after the fettlement of the ef- 
tate of fuch deceafed proprietor, deliver the certificate or 
certificates by him received, to the heir or legatee of fuch 
deceafed, who fliall, upon producing the fame to the treaf- 
urer, be entitled to a new certificate or certificates, execut- 
ed in the form aforefaid, certifying the property of fuch 
fliare or fliares to be in fuch heir or lesratee. 

Sect. 10. Be it further enacted. That this acf of incor- 
poration fliall continue and be in full force for the term of '^''''"^ '^^ ^^'^■ 
thirty years from the pafiing of the fame, and no longer. 
[This act pafled ivZ*. 25, 1807.] 



CHAP. LXXIV. 

An act to regulate the taking of fifli called AJewives, in a 
part of Kennebeck River. 

Whereas, the fifti called Alewives, are greatly 
impeded in their paiTage up Seven Mile Brook, in the town 
of \"aiialo()rough, by means of feins drawn at the mouth of 
faid brook, in Kennebeck river : 

BE it enacted by the Senate and Houfe of R.eprefen^aii'vesy 
in General Court ajfembled^ and by the authority of the fame. 
That from and after the paflirg of this act, if any pcrfon Prohibitit,*. 
fliali by means of feins, or in any other manner take any of 

the 



P reanibli 



9G 



FISH.— FRIENDSHIP. 



Feb. 25, An. 1 807- 



the faid fifK called Alewives, in the river Kennebeck, at 
the mouth of Spven Mile Brook, in the town of Vailalho- 
rough, or within ten rods above, or fixty rods below the 
mouth of faid Seven Mile Brook, at any time in any week, 
except between fun rife on Monday, and fun rife on Wed- 
nefday in each week ; the perfon fo offending, fhall forfeit 
Penaitv. and pay the fum of teji dollars, for each and every time 

they Ihall draw a fein within the limits afprefaid, on the 
days hereby prohibited ; and one cent for each of faid fiih 
taken in any other manner, to be recovered by the treaf- 
urer of faid town, and to the ufe of the inhabitants of faid 
town of Vaflalborough, in an action of debt in any court 
proper to try the fame. 

[This ad paffed February 25, 1 807.] 



Uriendfhip in- 
corporated. 



Boundaries. 



ufrice to iiTue 
t warrant. 



CHAP. LXXV. 

An act to incorporate the plantation called Medunkook, 
in the county of Lincoln, into a town by the name of 
Friendfhip. 

Sect. 1. ijE it enacted by the Senate and Houfc ofRepre- 
fentatives, in General Court affemhlcd, and by the authority of 
the fame. That the plantation called Medunkook, in the 
county of Lincoln, as defcribed within the following boun- 
daries, with the inhabitants thereon, be, and hereby are in- 
corporated into a town, by the name of Friendfhip, viz. — 
Beginning at the foutherly corner of Waldoborough, and 
running foutherly by the line of the town of Culhing and 
Medunkook river, fo called, to the ocean ; thence wefterly 
to Martin's point ; thence northerly by the fea fliore, until 
it comes to Goofe river, fo called ; thence up the faid Goofe 
river, until it comes to the line running eafterly between 
"Waldoborough and Medunkook ; thence on faid line eafter- 
ly, to the firft mentioned bounds, including alfo, within faid 
corporation Carver's Ifland, Crotch Ifland, and Long Ifland; 
and the faid town of Friendfhip is hereby vefted with all 
the powers and privileges, and Ihall alfo be fubjec^to all tlie 
duties and rc^quiiitions, to which other towns are entitled 
and fubjecled by the Conftitution and laws of tliis Common- 
wealth. 

Sect. 2. And be it further enacted. That either of the 
Juftices of the Peace for the county of Lincoln, is hereby 
authorized to ilTue a warrant, directed to fcme inhabitant 

of 



PROBATE COURT. Feb. 9.^, An. 1807. 97 

of the faid town of Fricndfliip, requiring hini to notify 
and warn the inhabitants thereof, to meet at fuch conve- 
nient time and place, as fhall be appointed in faid war- 
rant, for the choice of fuch ollicers as towns are by law re- 
quired to choofe at their annual town meetings. 
[This aa paffed February 25, 1307.] 



CHAP. LXXVI. 

An act for fixing the times and places of holding the Court 
of Probate, within and for the county of Cumberland, 
and for other purpofes. 

Sect. 1. 15 E it enacted by the Senate and Houfe of Repre- 
fentdtives, in General Court a//emblcd, and by the authority of 
i he fame., That the Court of Probate, within and for the 
county of Cumberland, from and after the firft day of May 
next, ihall be holden at the feveral times and places herein^ 
after mentioned : That is to fay, at Brunfwick, on the third places and timco 
Wodnefday in May, annually ; at North-Yarmouth, on the [^'" 'I'^'^iing 
firft Tuefday in J\lay annually ; at Standiili, on the firfc ''""'^'' 
Wednefday in Augull, annually ; at New-Gloucefter, on 
the firft \V"ednefday in October, annually ; at Freeport, on 
the firft Wednefday in November, annually ; at Gorham, 
on the firft Wednefday in February, annually ; and at Port- 
land, on the fecond Wednefday of every montli in the year, 
except the month of March, and on the fourth Wednefday 
of every month in the year, except the months of May, 
June, and November. 

Sect. 2. Be it further enacted. That when the faid times jud^e author- 
and places fhall be found to interfere wdth the terms, or i-zed to alter ic. 
lelTions of other Courts, or when the Judge of faid Court fcrci,cl'"^"" 
of Probate, for the time being, fhall be prevented by reafon 
of ficknefs, inevitable cafualty, or other caufe, from holding 
the fame at the time prefixed therefor ; or when it fluall 
appear to him, to be for the general benefit or the intereft 
of individuals, he fhall be, and is hereby fully authorized 
and empowered, to appoint fuch other times and places for 
holding laid court, as he Ihall deem expedient, by giving 
public notice thereof, or notifying all concerned ; and the 
laid court fhall, and may be adjourned from time to time ; 
and any fuit, procefs, or proceeding therein, cpntinued to 
fuch time and place as the faid judge may order and dired j 
any law to the contrary notwithflanding. 

N ' Sect, 



JS LIGHT HOUSE.— Xth M. T. GATES. Feb. 25, An. 1 807. 

Laws repealed. Sect. 3. Be it further enabled. That from and after the 
firft day of May next, all laws heretofore made, determin- 
ing the times and places for holding the Court of Probate, 
within and for the county of Cumberland, be, and the lame 
are hereby repealed. 

[This ad pafTed February 25, 1 807.] 



Xaud ceded. 



Sondition. 



CHAP. LXXVII. 

An acl providing for the ceHlon of one hundred acres of 
land, on Quaddy Head, to the United States of America. 

Sect. 1. jjE // enacted by the Senate and Houfe of Repre- 
fentatives, in General Court a[fembled^ and by the authority of the 
fajnc. That a lot of land containing one hundred acres, 
fituate on Weft Quaddy Head, io called, and lying nearelt 
to the Light-Houie, which is, or may be ereded on that 
place, be, and the fame is hereby ceded and granted to the 
United States of America, to be ufed and improved by fuch 
perfon as may from time to time have the employment of 
keeper of fuch Light-Houfe. 

S- CT. 2. Be it further enacted. That this ceflion and 
grant is on this exprefs condition, that this Common- 
wealth (hall have concurrent jurifdicVion with the United 
States in and over the aforefiid tract of land, fo far as th^t 
all civil procefles, and criminal procelles ilfued under the 
authority of this Commonwealth, m^y be executed there- 
in, as though this ccfilon and grant had not been made. 
[This aa paffed February 25, 1 807.] 



CHAP. LXXVIIL 

An acl to confirm the doings of a committee appointed to 
locate the places for the erection of gates on the tenth 
Maffachufetts Turnpike. 

IjE it enacted by the Senate and Houfe of Repre-^ 
fentatinjes, in General Court aljenibled, and by the authority of the 
Boinnsvi com. fame. That the doings of a committee appointed by the 
Court of General Seilions of the Peace, for the county of 
Berkihire, for locating and fixing the places for the eredlion 
of toll gates, on the tenth Mallachufetts .Turn pike, be, and 
hereby are confirmed and made valid, any want of formality 
in the proceedings of the faid committee to the contrary 

not^\■ithilandin^. 



mitteii con 
Hrmed. 



LIGHT HOUSE. " Feb. 25, An. 1 807. 

notvvithftanding. And the foid toll gates fliall in future ^ 
remain fixed and eftablilhcd as they now Hand on the road 
laid out and made by the tenth Maflachufetts Turnpike 
Corporation, according to the report ot a committee ap- 
pointed by the Court of Common Pleas for the ilud county, 
Hiade to the fliid court on tlie twenty nmth day ot Decem- 
ber one thouland eight hundred and fix. Provided how- Provir.\ 
evJr, that nothing contained in this act flrall be fo con» 
ftrued as to exempt the faid corporation in future from 
bein- fubiecT: in all cafes to the ad, entitled, " An ad dehn- 
inir the ineral powers and duties of turnpike corpora- 
tions;" plilTed the fixteenth day of March, one thoufand 

ei"-ht hundred and live. 

[This aa paired iv^rw^ry 25, 1807.] 



m 



CHAP, LXXIX. 

An aa in addition to an aa, entitled, " An aa to cede to 
the Uniced States, the jurifdiclion of certain lands for 
the erection of Light Houfes ;" palled the twenty-fourth 
day of June, one tnoufand eight hundred and hx. 

Be it enacied by the Senate and Hotife of Rep re- 
fentatives, in Genera! Court afembled, and by the authority of 
the fame, Phat if the agent or perfon employed for the Unit- p^f.^.^s.. 
ed States, and the owner or owners of luch tract of land appoiutcd 
as ihall be found neceffar> and convenient for fuch Light 
Houie, cannot agree in a fale and a purchaie thereof, iuc.i 
a^rent or perfon employed, may apply to the Court ot 
Common Pieas, which may at any time be holden, within 
and for the county of Barnifable, who ihall appoint a coir^ 
mittee of three dihnterelled freeholders, to determine a juit 
equivalent, to the owner or owners of fuch land, which 
committee (hall be fworn to the faithful diicharge of their 
trull ; and fhall forthwith proceed to view, fet otF, and ap- 
praife fuch tract of land, and iliall make fuch return of their 
doin-rs to the fame court, as loon as may be, which award 
and "return, being accepted by the faid court, and the 
amount of fuch appraifement being paid to the owner or 
owners of land fo appraiied and fet otf by fuch committee ; 
or if the owner or owners Ihall not appear, or ihall retuie 
to receive fuch amount of money as the faid court ihall 
order, then the amount of the appraifement aforeiaid, flvall 
be lodged in the olhce of the treafurer of the county of 
° Barnltable^ 



to be 



Provifo. 



•100 INSURANCE COM. COR. Feb. 25, An. 180T. 

Barnftable, to be received by the owners or any perfon le- 
gally authorized to receive the fiime ; and the tract of land 
lb apprailed and let off, Ihall be veiled in the United States, 
and ihall be taken, polleffed and appropriated for the pur- 
pofes aforefaid ; Provided, thjt all charges of fuch applica- 
tion and appraifement flrall be paid by the United States ; 
2.nd provided, that the land which may be fet off for the 
purpofes aforefaid, Ihall not exceed the quantity of twelve 
acres in the whole. 

[This ad paffed February 25, 1807.] 



CHAP. LXXX. 

An acl: to incorporate William King and others, into a 
company, by the name of the Bath Fire and Marine In- 
furance Company. 

Sect. 1. JbE it enacted by the Senate and Hovfe of Rep- 
refentaiives, in General Court affembled, ayid by the authority 
vfoiis {acor- of the fame. That William King, Peleg Tallman, Benjamin 
)oratcd. Jones Porter, John Richardfon, Jolliua Wingate, John Pe- 

terfon, Mark Laiigdon Hill, Andrew Greenwood, and Sam- 
uel Davis, together with fuch perfons as have already or 
hereafter may become ftockliolders in faid company, being 
citizens of the United States, be, and hereby are incorpora- 
ted into a company by the name of the Bath Fire and Ma- 
rine Infurance Company, for and during the term of twen- 
ty years from the date of this act ; and by that name may 
fue and be fued, plead or be impleaded ; appear, profecute, 
and def^id to final judgment and execution *, and have a 
common feal, which they may alter at pleafure, and may 
purchafe, hold, and convey any efiate, real or perfonal, for 
the ufe of faid company, iubjecl to the reftrictions herein- 
after mentioned. 

Sect. 2. Be it further enaEled, That a fliare in the cap- 
ital ftock of faid company, fhall be one hundred dollars, and 
lares imitea. ^j^^ numbcr of fharcs ihall be one thoufand, and if the faid 
number of fnares are not already filled, fubfcriptions fliall be 
kept open under the infpeclion of the prefident and direct- 
ors of the faid company, until the fame fhall be filled ; and 
the whole capital Itdck, efiate or property, which the faid 
mount of cap- company fliaii be authorized to hold, fliall never exceed one 
hundred thoufand dollars, exclufive of premium notes, or 
profits arihng from faid bulinefs, of which capital ftock or 

property. 



INSURANCE COM. COR. K/^. 25, An. 1807. 101 

property, twenty thoufand dollars only, fliall be invefted in 
real citato. 

iSi-cT. 3. Be It further enacted^ That the flock, prop- 
crty, affairs and concerns of the faid company, fliall be man- 
aged and conducted by nine directors, one of whom iliall 
be the preiident thereof, M'ho fliall hold their offices for one 
year and until others fliall be cholen, and no longer ; which to be managed 
directors Ihall, at the time of their election, be ftockholders ^^ dhxaors. 
and citizens of this commonwealth, and fliall be elected on 
the firfl: Tuefday of April, in each and every year, at fuch 
time of the day, and at fuch place in the town of Bath, as 
a maioritv of directors for the time beinsr fliall appoint : , ^ , „ 

oi which elcclion public notice fliall be given by pofting :„g di.eaors. 
notice thereof in two public places in faid town, for the 
Ipace of hfteen days immediately preceding fuch election % 
and fuch election ihall be holden under the infpection of 
three ifockholders, not being direftors, to be appointed 
previous to every election by the directors, and fhall be 
made by ballot, by a majority of votes of the fliockholders 
prelent, allowing one vote to eacli fliare in the capital ProviCx. 
ftock ; Provided^ that no ftockliolder Ihall be allowed more 
than twenty votes, and the fliockholders not prefent may 
vote by proxy, under fuch regulations as the faid company 
fltiail prelcribe ; and if in cafe of any unavoidable accident, 
the faid directors fhould, on the faid firfl Tuefday in April, 
not be chofcn as aforefaid, it fhaU be lawful to choofe them 
on another day in manner herein prefcribed. 

Sect. 4. Be it further enacted^ That the directors fo 
xhofen, fhall meet as foon as may be after every election, ident^^° ?^^ 
and fliall choofe out of their body one perfon to be prefi- 
dent, who fliall prefide for one year, and be fworn faithful- 
ly to difcharge the duties of his ofHce ; and in cafe of the 
death, refignation, or inabihty to ferye, of the preiident or 
any director, fuch vacancy or vacancies fliall be filled for 
the remainder of the year in which they may happen, by 
a ipccial election for that purpofe, to be held in the fame 
manner as is hereinbefore directed reipecting annual elec- 
tions for directors and prcfident. 

Sect. 5. Be it further enacted. That the prefident and Powers of d;, 
four of the directors, (or five of the directors in abience of ■■'^'^^'•'■^• 
the prefident) fliall be a board competent to tranfact bufi- 
nefs ; and all queftions before them ihall be decided by a 
majority of votes ; and they fliall have power to make and 
prelcribe fuch by-laws, rules and regulations, as to them 
fh?.ll appear needful and proper, touching the management 

and 



^e<itor^: 



102 INSURANCE COM. COR. Feb. 23, An, ]UT. 

and conducl of the feveral ollicers, clerks, andfervants em- 
ployed, and the eledion of direclors, and all iuch matters 
as appertain to the bulinel's of insurance ; and fhall alfo have 
power to appoint a Iccretary and lo many clerks and fer- 
vantb for carrying on faid uufmef's, and with fuch faiaries 
and allowances to them, as to the laid board Ihall feem 
meet ; Pyovided, that Iuch by-laws, rules and regulations, 
fnall not be repugnant to the conititution and laws of this 
Erovifo. commonwealth. Provided alfo, that the by-laws fo made 
by the directors, ihall be laid berore the ftockholders at 
fom.e public meeting called therefor, for their approbation ; 
and the ftockholders at any fuch meeting may difapprove 
of, alter or amend the lame, as they, or a majority oi thofe 
prefent may fee ht. 

Sect. 6. Be it further enacted. That there fhall be fta- 
Meetingof di- ted mectinsfs of tlie directors, atieaft once in every month, 
and as often m each month as the preiident and board of 
direclors fhall deem proper ; and the preiident and a com- 
mittee of three of the directors, to be by hmi appointed in 
rotation, fhall aiiemble daily, it r^eed be, tor the diipatch of 
bulinefs ; and the faid board of directors and the commit- 
tee aforeiaid, at and during the pleaiure ot iaid Board, ihall 
have power and authority, in behalt of the company, to 
make all kinds of marine infurance ; infurance againit ure j 
infurance on lives, and on inland tranlportation of goods. 
To tranfaa all warcs and merchandize ; and generally to traniact and 
bufinefs. peiform all the bulinefs relating to the objects aforeiaid, 

and to fix the premium and terUiS of payment, and ail pol- 
icies of infurance by them made, Ihaii be iubicribed by the 
Preiident ; or in cafe of his death, lickneis, inability or ab- 
fence, by any two directors of laid company, and counter- 
figned by the fecretary, and Ibali be binding and obligato- 
ry on the faid con^.paiiy, and the allured may maintain an 
action upon the caie againll the faid comipany, and all cafes 
duly ariimg under any policy fo iubicribed, may be adjulf- 
ed and fettled by the preiident and direclors, and the lame 
fhall be binding on the company. 

Sect. 7. Be it further enacted. That it fiiall be the duty 
of the direclors on the hrft luefday of July and January, 
in every year, to make dividends otfo iriucli ot the intereil 
ariling from the capital ftock, and the prolits of the laid 
company, as to them iiiall appear advilable ; but the nion- 
ies received, and the notes taken for premiums on riiks 
which iliall be undetermiined and outltanding at the time 
of making fuch dividend, ihall not be conlidere^ as part of 

the 



BJvidcnds. 



INSURANCE COM. COR. f''*- "S, An. 1807. 103 

the profits of the company ; and in cafe of any lofs or loff- 
If whereby the capital ftock of the company fhall be leflen- 
cd ach prq^rietof or ilockholder's eftate fhall be hdden 
accountable for the deficiency that may be due onh.sfharc 
^t the time of faid lofe or lolles taking place, to be paid m 
o the faid company by affeffments, or f^ch-Jther modes 
and at fuch time or times as the directors fliall oidtr , ana 
no fubfequent dividend (hall be made until a fum e<iual to 
foch diminution Ihall have been added to the capital, and 
that once in every year, and oftener if required by a majoi- 
ity of votes of the ftockholders, the direclors ftf W be- 
fore the ftockholders at a general meeting, an exac. and par- 
ticular ftatement of the profits, if any there be after Qeduc^t- 

ino- lolTes and dividends. , r • j , , u 

Sect. 8. Be u further enacted. That the Cud company stodc to be 
Ihall not, direaiy or indiredly, d.al or trade, m buy nig or 
Mn^a^y goods, wares, merchandize, or commodities 
whar?oevIr f^nd the capital ftock of faid company, fliall 
within fix months after being colleded, at each .mllalment 
be invefted either in the funded debt of the United States 
or ofthis commonwealth, or in the flock of the United 
States bank, or of any incorporated bank of thi. common- 
wealth, at the difcretion of the prefident and direftors of 
faid company, or of any committee which the proprietors 
fliall appoint for that purpofe. 

Sect. 9. Be it further enacted. That fifty dollars on 
each fliare in faid company fliall be paid within tour months in(h.irnenu t. 
after the firft meeting of faid company, and the remam- 
inic fum due on each fliare within one year afterwards, at 
fuch equal inftalments.. and under fuch penalties as the 
faid company ihall direft ; and no transfer of any Ihare in 
faid company flvall be vaUd, until all the mflalments on fuch 
fliare fhall have been paid. ^ 

Sect 1 Be it further enacted, 1 hat m caie ot any lots ^^^^^^ ^^ ^j^.^^^ 
or lofi'es taking place that fliall be equal to the amount of or. Uabie. 
the capital ftock of faid company, and the prclident or di- 
rectors after knowing of fuch lofs or ioiTes taiang place, 
fliall fubfcribe to any policy of infurance., their eftates, joint- 
1y md feverally, fliall be accountable for the amount of any 
and every lofs that fliall take place under policies thus lub- 

^''sl^T. n . Be it further enacted. That the prefident and ^^ 
direcTiors of faid company, fliall, previous to their lyWciip- ^^J„,,,^„,i, 
ing to any policy, and once in every year after, puoiilti, in annually. 
two Dubiic newioapers the amount of their i" ocii, and againit 
* "■ ^ what 



104 



MARINE SOCIETY. 



/!/'. 25, An. 1 807. 



giilative 
nation. 



to le- 
cxami- 



Land Marks. 



I i'enahy for in- 
uring Land 
Muks. 



what nfks they mean to Infure, and the largeft fum they 
mean ^ to take on any one rifk ; Provided neverihelefs, that 
the faid Prefident and Directors fliall not be allowed to take 
more on any one rifli, than ten per centum of the amount of 
the capital ftock of faid corporation, actually paid in. 

Sect. VI. Be it further enaded. That no perfon being a 
Diredor in any other company carrying on the bufmes^of 
Marine Infurance, fliall be eligible as a Director of the com- 
pany, by this ad eftablifhed. 

Sect. 13. Be it further enacted. That the Prefident and 
Directors of faid company Ihall, when, and fo often as re- 
quired by the LegiQature of this Commonwealth, lay be- 
fore them a ftatement of the affairs of faid company,' and 
fubmit to an examination concerning the fame under oath. 

Sect. 14. Be it further enacted. That the perfons here- 
in named, or any of them, are hereby authorized to call a 
meeting of the flockholders of faid company as foon as 
may be, to be holden in Bath, by polling notice of the fame 
in two pubUc places in faid town of Bith, fifteen days pre- 
vious thereto, for the purpofe of eleding the firft board of 
Diredors, who fhall continue in office until the firft Tuefl 
day of April, in the year of our Lord, one thouflmd ei^ht 
hundred and eight. 

[This ad pafied February 25, 1 80?.] 



CHAP. LXXXI. 

An ad to authorize the Marine Society of the town of Mar- 
blehead, to erecT: Monuments and Land Marks on certain 
Iflands and Rocks on the Sea Coaft of the town of Mar- 
blehead. 

Sect. 1. Be // enacted by the Senate and Houfe of Rcprc- 
fentatives, in General Court affembled, and by the authority of 
the fame. That the Marine Society of the town of Marble- 
head, in the county of Eflex, is hereby authorized and al- 
lowed, after the paffing of this acf, to fet out trees, and to 
ered monuments or land marks, on Ram Ifland, Tinker*s 
Ifiands, Marblehead Rock, and Cat Ifland Rock, and to pre- 
ferve the fame. 

Sect. 2. Be it further e?iaded by the authority aforefaid. 
That if any perfon or perfons fhall, on faid Iflands or Rocks, 
mar, injure, or deface, any of the trees or buildings aforefaid, 
or do any other injury to the aforementioned places or 

land 



NAMES ALTERED. Feb, 25, An. 1807. 10' 

land marks, every fuch porfon or perfons, {hall feverally for- 
feit and pay, for each, and every offence, the fum of twelve 
dollars, to the ufe of the Marine Society aforefaid, to be re- 
covered by fpecial aclion on the cafe, before any court pro- 
per to try the fame. 

Si-:cT. 3. And be it further enacted by the authority afo>€' 
fciid. That if any perfon or perfons {hall take away from the penalty for pii- 
'Iflands and Rocks aforefaid, any earth, ftones, or gravel, ^^ring. 
each and every perfon fo offending, {liall forfeit and pay as a 
fme, to the ufe of the Marine Society of Marblehead, as aft^re- 
iaid, the fum of iwehe dollars, for each ton of earth, Jiones^ 
or gravel, fo taken away, and fo in proportion for any 
greati^r or lefs quantity, to be recovered as aforefaid. 
[This act pailed February '25, 1 SOT. 3 



CHAP. LXXXII. 

An a6t td alter the names of certain perfons therein men- 
tioned. 

OE it enarfed by the Senate and Houfe of Reprc- 
fentafives, hi General Court ajfembled^ and by the authority of 
the fame. That from and after the pafUng of this acl^ Mary Name3 altered, 
Ann Avery, daughter of John Avery, late of Bofton, in 
the county ©f SufRilk, Efqulre, deceafed, {hall be allowed 
to take the name of Mary Ann Smith Avery ; That Tab- 
itha Glover, daughter of Scnjamin "^tacey Glover, late of 
MarblelAd, in the county of ElTex, gentleman, deceafed, 
Ihall be allowed to take the name of Malvina Tabitha Glo- 
ver : That Afa Hammond, of Bofton, in the county of 
Suffolk, fon of Samuel Hammond, late of Newton, in the 
Commonwealth of Malfachufetts, deceafed, fhall be allowed 
to take the name of Samuel Hammond; Th-it Samuel-Put- 
nam, lately of Lyiinfield, in the county of Eilex, now of 
Salem, in faid county, trader, Ihall be allowed to take the 
name of Samuel Kimbal Putnam ; That Henry Hills, of 
Bofton, in the county of Suffolk, {hall be allowed to take 
the name of Henry Woodbridge Hills ; That Mark Farley, 
of Leominfter, in the county of Worcefter, ftudent at law, 
and fon of Benjamin Farley, of the ftate of New-Hamp- 
fliire, {hall be allowed to take the name of Benjamin Mark 
Farley ; That Jeremiah Smith Boies Hubbard, of Milton, 
in the county of Norfolk, a minor, and fon of William 
Hubbard, Efquirc, of New-Brunfwick, ihall be allowed to 
O take 



06 NAMES ALTERED. Feb. 27, An, isa?., 

take the name of Jeremiah Smith Hubbard Boies ; That 
John Foiler, of Salem, in the county of Eifex, a miinor, and 
fon of John Fofter, of faid Salem, fhall be allowed to take 
the name of John Burchmore Fofter ; That Elizabeth 
Winflow, of Boflon, in the county of Suffolk, fmgle woman, 
fhall be allowed to take the name of Elizabeth Jane AVinf- 
low ; That Stephen Blyth, of Salem, in the county of Eflex, 
iliall be allowed to take the name of Stephen Cleveland 
Blydon ; That Sarah Blyth, of Salem, aforefaid, thet^vife of 
faid Stephen Blyth, be allowed to take the name of Sarah 
Blydon ; That Lucy Cleveland Blyth, of Salem, aforefaid, 
and. daughter of fliid Stephen Blyth, fhall be allowed to 
tsike the name of Sarah Cleveland Blydon ; That William 
Cleveland Blyth, of Salem, aforefaid, and fon of faid Stephen 
Blyth, Ihall be allowed to take the name of William Cleve- 
land Blydon ; That Jofeph Pike, of Newburyport, in the 
county of ElTex, and fon of Nicholas Pike, of faid ew= 
buryport, fllall be allowed to take the name of Jofeph Smith 
Pike ; That Jofeph Pike, of Newburyport, aforefaid, and fon 
of John Pike, of Somerfworth, in the county of Stafford, 
^ and flate of New-Hampfhire, fhall be allowed to take the 

I name of Jofeph Trevet Pike ; That Hezekiah Stone, of Rut- 

I land, in the county of Worcefler, gentleman, Ihall be al- 

lowed to take the name of Hezekiah Fletcher Stone ; That 
Alpheus Stone, of Greenfield, in the county of Hampfhire, 
phyfician, fhall be allowed to take the name of Alpheus 
Fletcher Stone ; That Samuel Fofler;, of Newburyport, in 
the county of ElTex, merchant, fhall be allowed to take the 
j name of Samuel H. Fofter ; That John Buflinton Smipe, of 

I Beverly, in the county of EfTex, merchant, fliall bellowed 

i to take the name of John Buffi^iton ; That Samuel Lee, a. 

minor, and fon of Jonas Lee, of Concord, in the county of 
Middlefex, fhall be allowed to take the name of Samuel 
Cordis Lee ; That Samuel Willard, of Bofton, in the coun- 
ty of Suffolk, and fon of the late Prefident Willard, of Cam- 
bridge, in the county of Middlefex, fliall be allowed to take 
the name of Samuel Sheaf Willard ; Th?t Brands Jones, of 
Sandwich, in the county of Barnftable, merchant, be al- 
lowed to take the name of Francis Freeman Jones ; That 
Catharine Low, of Chelmsford, in the county of Middlefex,, 
fingle woman, be allowed to take the name of Catharine 
Mary Gibfon ; and Samuel Loud, of Weymouth, be allow- 
ed to take the name of Samuel Prince Loud ; and that faid 
perfons fliall in future be refpeftively known and called by 
the names which they are refpeclivcly allowed to take as 

aforefaid ;. 



FORT-POINT FERRY. Feb. 27, An. 1807. lOV 

aforcfaid ; and the fame fliall be confidered as their only 
proper names, to all intents and purpofes. 

[This ad palled February 27, 1807-] 



CHAP. LXXXIIL 

An aft to incorporate fundry perfons for the purpofe of 
ellabiiihing a Ferry over Penobfcot river, at Fort-Point. 

Sect. 1. jjE ;/ enacted by the Senate and Hoiife ofReprC' 
fsntatives^ in General Court affcmbled^ and by the authority of 
the fame ^ That Daniel Johnllon, Joiliua Woodman, Brad- Perfons incor 
flia'w Hill, Jofopli Perkins, Job Nelfun, Doty Little, Silvanus pirated 
Upham, John Perkins, Thomas Adams, and fuch other per- 
fons as have ailociated or may aiTociate with them for the ♦ 
purpofe of ertabliihing and fupporting a Ferry, from a place 
called Fort-Point, in the town of Profpect, acrofs Penobfcot 
river, in the beft direftion to the town of Penobfcot, fliall 
be a corporation and body politic, by the name of " The 
Proprietors of Fort-Point Ferry, on Penobfcot river ;" and 
fhall lb continue for the term of ten years, and from and 
ufter the paffing of this a<5l ; and by that name may fue and 
profecute, and be fued and profecuted, to final judgment 
and execution, and ihall do and fuffer all other matters and powers of th(? • 
things which bodies politic and corporate may do and fuf- Corporation, 
fer ; and the faid corporation ihall have full power and au- 
thority to eftablifh and maintain a Ferry at the place afore- 
faid, for the term aforefaid, fojr the purpofe of tranfporting 
acrofs faid river, fuch travellers, with their horfes, cattle, 
teams, carriages, goods, and effeds, as may be difpofed to 
pafs the aforefaid Ferry, and to take and receive to their 
own ufe, fuch toll or ferriage, as ihall be ordered and eftab- 
lifhed, as in and by this act is herein after provided j and 
to purchafe and hold real eflate on both lides of the laid 
river, for the acommodation of the faid Ferry ; and alfo to 
make, have, and ufe a common feal, and the fame to break, 
alter, and renew at pleafure. 

Sect. 2. Be it further enacted^ That the ways for faid 
Ferry, on each fide of faid river, commonly called the 
Ferry-ways, ihall be well and fufficiently made, and fecured 
with proper materials, and of fufficient width ; and the faid 
corporation fliall provide good, fafe, and fufficient boats, Boats to he 
and aiTillants, for tranfportation of paflengers, as alfo their prov.iied, 
^♦orl^s, cattle, teams, carriages, goods and elFecT;s, and the 

/ Rtes 



03 



FORT-POINT FERRY. 



Feb, 27, An. 1807. 



rates of toll or ferriage, ftiall be eftabliflied from time to 
time by the Court of General Seilionb of the Peace, for the 
county of Hancock, in the fanie manner as the toll or fer- 
riage is or may be eilablilhed for other ferries in laid county, 
and fubject to the fame orders and regulations. 

Propel tydivki- Sect. 3. Bc it further enacted^ That the property and 

ed luto ihiurcs. interell of the faid corporation, may and lliall be divided 
into fuch a num.ber of Ihares as the faid proprietors may 
order and appoint, at any meeting to be called for that pur- 
pofe, and the laid property and intei-elt fhall be deemed, 
held, and taken to be perfonal eftate, and transferable ac- 
cordingly, in fuch form and manner as the faid corporation 
may direct and appoint ; and the faid corporation fliall 

4ircirmeat£. have power to aiiefs upon each lliare, fuch fums of money 
as may be deemed neceflary for eflablilhing and rr.aintain- 
ing the laid Ferry, and for making the neceflary purchafes 
of real or perlonal eftate, and for the improvement and 
good management of the faid property and intereft, and 
may fell and difpofe of the Ihare or Ihares of any delin- 
quent proprietors for the payment of afleflments, in (uch 
way and manner as the faid corporation, by their rules an4 
regulations may determine and agree upon. 

Sect. 4. Be it further enatled. That each proprietor, or 
his agent duly :authorized in writing, fhall have right to 
vote in all meetings of the faid corporation, and be entitled 

Provifa to as many votes as he holds Hiares ; Provided, that no per- 

fon fhall be entitled to more than ten votes ; ancf that a 
meeting of faid corporation ihall be holden at the houfe of 
Capt. John Perkins, in Caftine, on Monday, the thirtieth 
day of March next, for the purpofe of choohng a Prcfidcnt, 
Treafurer, and Clerk, and fuch other oflicers as lliall be 
deemed neceliary ; and alio to agree upon a mode of calling 

}^if d"^' ^^ ^^ meetings of the laid corporation thereafter, and that the 
faid feveral oflicers fhall be chofcn annually, by a majority 
of votes, and that the day of faid annual election, lliall be 
eftablifhed at the firft meeting, fubject nevertlielcfs, to be 
altered at any fubfequent mxceting ; and the Preiident and 
Clerk of the faid Corporation Ihall lign the certificates of 
the Ihares of the faid proprietors, and the faid clerk thall be 
fworn to the faithful dilcharge of his laid oHice, before en- 
tering on the duties thereof. 

[This ad palfed February 27, 1 807.] 



proprietors to 
vote in propor- 
tion to lliares 
held. 



epAT. 



HIRAM, Ftb. 27, An. 1807. JOS 

CHAP. LXXXIV. 

An Tidi to Incorporate the plantation of Hiram, into a difr 
trict by the name of Hiram, in the county of Oxford. 

Sect. 1. i)E /'/ enacted by the Senate and Hovfe of Rep' 
refentatives, in General Court aljhnbled, and by the authority 
of the fame. That the territory defcribed within the follow- 
ing bounds, viz. Beginning at a bafwood tree, on the bank 
of Oilipee river, the corner of the plantation of Porterlield, Boundaries' 
and running northwardly by the Une of faid plantation, 
feventeen hundred and feventy rods, to a (lake and ftones ; 
thence fouth, eighty three degrees eafl, two hundred and 
thirty rods, to a ftake and ftones, a corner of Brownfield ; 
thence north, fixty degrees eaft, four hundred and eighty 
rods, to Saco river j thence acrofs the faid river, fouth, 
eighty feven degrees eaft, one thoufand fix hundred and 
ten rods, to a hemlock tree marked, on Baldwin's line ; 
thence Ibuth, lixty degrees weft, by Baldwin's line, nine 
hundred and thirty rods, to the corner of Prefcott's Grant ; 
thence fouth, thirty degrees eaft, three hundred and fifty- 
one rods, to a tree marked thus, H P ; thence fouth fixty 
degrees weft, five hundred and fifty one rods, to Saco riv- 
er ; thence down in the middle of Saco river, to great Of- 
fipee river j thence up laid Oflipee river to the firft bound ; 
together with the inhabitants thereon, be, and hereby are 
incorporated into a diitricl by the name of Hiram, in the 
county of Oxford aforefaid ; and the faid diitricl of Hiram 
is hereby velted with all the powers, privileges and immuni- 
ties, which towns in this commonwealth do or may enjoy, 
excepting the privilege of fending a reprefentative to the 
Gener?.i Court ; and the inhabitants of faid diftricl ftiall 
have liberty to join with the inhabitants of Brownfield afore- ErownCeld am 
faid, in choofing a reprefentative, and Ihall be notified of .^i''^'" '<' ""»' 
the time and place of eledion, by a warrant from the felecl- repLfemattve. 
men of faid Brownfield, directed to a conftable of faid dif- 
trict, requiring him to warn the inhabitants of faid diftrid 
to attend the meeting at the time and place appointed, 
which warrant ftiall be duly returned by faid conftable, and 
the reprefentative may be chofen from the faid town or 
diftrict, and the pay or allowance to be borne by the town 
and diftrift, in proportion as they ftiall from time to time 
pay to the State tax. 

.>ECT. 2. And be it further enacted, by the authority 
aforcfaidj That any juftice of the peace for faid county of Judice to ifius 
• ^ Oxford/'^ ^^'"""^- 



TURNPIKES— BRIDGE. Feb. 27, An. 1807, 

Oxford, upon application therefor, is hereby empowered 
to illue hib warrant, direded to fome fuitable inhabitant of 
faid diilrict of Hiram, requiring him to notify and warn 
the inhabitants thereof, qualilied to vote in to An affairs, to 
Jineet at fuch time and place as fhall be exprefi'ed in faid 
warrant, to choofe all inch officers as towns are by law re- 
quired to choofe, at their annual town meetings. 
[ 1 his acT: paffed Fd\ 37, 1 807.] 



CHAP. LXXXV. 

An ad, in addition to fundry ads, eftablifliing and regulat- 
ing the Effex Turnpike Corporation, and the Andover 
and Medford Turnpike Corporation. 

JjE it enacted by the Seyiaie aJid Houfe of Repre- 
fentatives, in General Court ajfcmbkd^ and by the authority of 
ihefame^ That the proprietors of the Andover and Medford 
Turnpike Corporation, and the proprietors of the Effex 
Turnpike Corporation, be, and they hereby are authorized 
to unite their toll gates near the line of the two counties of 
Effex and Middlefex, where the faid two turnpike roads 
meet, and at fome fuch convenient place near faid point of 
meeting, as fhall be approved by the commiflioners appoint- 
ed to infped and approve faid roads, and to receive fuch 
toll, and fuch proportion to each corporation, as may be 
determined by faid commiffioners in conformity to the fev- 
oral ads and refolves relating to the faid corporation. 

[This ad paffed February 27, 1807.3 



CliAP. LXXXVI. 

An ad for ereding a Bridge acrofs Kendufkeig ftream, in 
the town of Bangor. 

Sect. 1. ijF. it enacted by the Senate and Houfe cf Repre- 
fentatives^ in General Court afjhnbled, and by the authority of the 
fame. That the fiiid town of Bangor be authorized to build 
ridgeiGbeyuilt ^nd maintain a bridge over the Kendufkeig, from the coun- 
ty road, on the northerly fide of faid ftream, to the land- 
ing, on the foutherly Iicle thereof, near the houfe of William 
Hammond. 



BRIDGE. . K'Zr. 27, An. 1807. lU 

Sect. C. Be it further enacted^ That for the rehribiirfing 
to the {Iiid town of Bangor, the money that may be expend- 
ed in ereding, and fupporting faid bridge, a toll is hereby 
wanted, to the fole benefit of the (aid town of Bangor, ac- Toll granted 
..ording to the rates following, to wit : For every foot paf- 
lenger, one cent ; for every man and horfe, four cents ; for 
every two wheeled carriage for tlie conveyance of perfon?, 
ten cents ; for every market cart, drawn by one beaft, fix ^*^^* *•" 
cents ; for every cart or waggon, drawn by two oxen or 
horfes, ten cents ; for every cart or waggon drawn by- 
more than two oxen or horfes, twelve and an half cents ; for 
for every four wheeled carriage for the conveyance of per- 
fons, t\\'enty-five cents ; for every fled or fleigh, drawn 
by one beaft, four cents, and if drawn by more than one 
beaft, eight cents ; for all cattle, liorfes or mules, led or 
driven, befide thofe in carriages, or for the ufe of riders, 
one cent each ; for all fwine or flieep, at the rate of three 
cents by the dozen : Provided however^ the faid toll fliall 
not be demanded or received of any perfon going to or 
from public worihip, fchool, or on military duty, or of 
any perfon palling to any part of his farm, or his ordina- 
ry bufinefs. 

Sect. 3. Be it further enacted. That it fhall be lawful ,^ 

r \ r ' ^ r r, ^ • i ..-i OWll may fuf- 

tor the laid town or Bangor, at their annual meeting in pend «r com- 
March, notice thereof being given in the warrant for calling '^^"^'^ thetou. 
faid meeting, to fufpend or reduce all or any part of faid 
toll, for the benefit of the public, the faid town, or any in- 
dividual, for one year from the faid meeting ; and to com- 
mute the toll of any individual or corporation, by receiv- 
ing an annual fum in lieu of the legal toll. 

Sect. 4. Be it further enacted. That the faid toll fhall 
begin whenever the bridge lliali be completed and fit for 
pafting, and fliall continue to the faid town of Bangor, for tinuTncc onL^ 
the term of ten years : Provided ho'uje-ver, that if the faid t^ii. 
town fliah think it necellliry to difcontinue the fame at any 
time within the faid term of ten years, the fame fliall be 
difcontinued. 

Sect. 5. Bo it further enacted. That the faid bridge 
ffiall be well built, of good and fuitable materials, and at leaft S^.iu ^ 
twenty feet in width, with fufficient railings on each hde kept in repair.- 
for the fafety of pafiengers, and fhall be kept in good, fiife, 
and paflable repair ; and if the faid town Ihall unreafonably 
neglect to keep the fame in good repair, as aforefaid, on 
fuch neglect being made to appear to the Court of General 
SefHons of the Peace for the county of Hancock^ it Ihall be 



I 



11 '2 PORTE RFIELD—C. BRIDGE. Feb. 27, An. 1807, 

in the power of faid court to prohibit the faid town from 
receiving toll, until it is put in repair, and deemed fufficient 
by faid court ; and when it fhall ceafe to be a toll bridge, 
it fliall be fupported by the faid town, in the fame manner 
as other bridges on county roads are fupported, and the 
faid town fliall be fubject to the fame penalties in cafe of 
negled. [This ad: paffed February 27, 1807.] 



CHAP. LXXXVIl. 

An aft to incorporate a part of the plantation of Porterfield,- 
in the County of Oxford, with the town of Brownneld. 

IjE it enacted by the Senate and Houfe of Rep- 
re fentatives^ in General Court affemhled^ and by the authority of 
field a"nnS[o the fame. That the trad of land, defcribed within the follow- 
^rownfieid. ing bounds, be, and hereby is annexed to, and fliall in fu- 
ture form the to\Vn of Srownlield, viz. Beginning at a pine 
tree, on the bank of Saco river, thence fouth fixty degrees 
weft, four hundred and eighty rods, to a ftake and ftones, 
making the fouthweft corner of Brownfield ; thence north, 
eighty-three degrees weft, one thoufand five hundred and 
thirty rods, to New Hampfhire line, to a ftake and ftones j 
thence northwardly, by the line of New Hampfliire, to thc- 
corner of Fryeburg ; thence north, feventy-feven degrees 
eaft, nine hundred and eighty rods, to a ftake and ftones, 
the corner of Fryeburg ; thence north, forty-three degrees 
caft, forty rods, to Saco river ; thence acrofs faid river by 
Fryeburg line, to Pleafant Pond ; thence eaftwardly by {x\A 
Pond, to a maple tree ; thence fouth, twelve degrees eaft, 
eight hundred and fifteen rods, to Saco river, to a pine tree, 
marked ; thence by a line drawn on the middle of Saca 
river, to the firft mentioned bounds. 

[This ad paffed Feb. 27, 1807.] 



CHAP. LXXXVIII. 

An aft for incorporating certain perfons for the purpofe of 
building a Bridge over Charles River, by the name of the 
Canal Bridge, and for extending the intereft of the Pro- 
prietors of Weft Bofton Bridge. 

Sect. 1. L>E // enacted by the Senate and Houfe of Repre- 
fentatives, in Getieral Court aj/emb/ed, and by the authority of 

the 



CANAL BRIDGE. Feb. 11, An. 1807. ll'i 

the fame. That John C. Jones, Loammi Baldwin, Aaron Pcrfonsmcor- 
Dc-vter, Benjamin Wild, Joieph Coolidgc, jun. Benjamin p^'^tcd. 
Joy, Gorham Paii'ons, Jonathan Ingerlbl, John Beach, Abijah 
Chcever, William B. Hiitchins, Stephen Howard, and An- 
drew Cragie, with all thofe who are or who may beaffociated 
with them, for the purpoie of erecting a bridge and caufc- 
way, in manner hereinafter defcribed, from the northweft- 
wardly end of Leverett ftreet, in Bofton, to Lechmere's 
Point, in Cambridge, and Barrell's Point, in Charleftown, 
be, and they hereby are made and conilituted a corpora- 
tion, and body politic, by the name of the Proprietors of 
the Canal Bridge ; and by that name may fue and profe- 
cute, and be fued and profecuted, to final judgment and 
execution, and do and fuffer all other acls and things 
which bodies politic may or ought to do and fuffer ; and 
that laid' corporation (hall and may have full power and au- Pov ns of the 
tiiority to make, have, and ufe, a common feal, and the ^-^rporduon. 
fame to alter and renew at pleafure ; and fliall alfo have 
power to choofe nine directors, and a preiident and fecre- 
tary, treafurer, and fuch othtr ofiicers as may be necefiary 
at fuch time and place, and in fuch manner as faid corpora- 
tion at any legal meeting of the members thereof may- 
think proper to direct ; and laid corporation fhall alfo 
liave power to make all neceifary and proper rules, regula- 
tions, and by-laws, not repugnant to the laws and conili- 
tution of this commonwealth, and efpecially for the trans- 
ferring of {hares, and for the fale of the ihares of delin- 
quent proprietors. 

Sect. 2. And be it further enacted. That the interefl 
in faid bridge and caufeway, (hall be divided into twelve 
hundred ihares, and that one third part Ihall be held by, 
and iliall be fubfcribed for, by individuals who are propri- Divifmn of 
ctors in the Middlefex Canal Corporation, and that one ^^''*^^3- 
third part thereof fhall be fubfcribed for and held by indi- 
viduals who are proprietors in the Newburyport Turnpike 
Corporation ; and that the remaining one third part Ihall 
be fubfcribed for and held by Andrew Cragie, Efq. and 
his affociates ; provided all the faid (hares iliall be lb fub- 
fcribed for within fixly days from the palling of this act ; 
and if at the expiration of faid number of days, any ihares 
fhall remain unfubfcribed for, in either of the aforefaid di- 
vifions, fuch remaining ihares ihall be equally fubfcribed for 
and held by the perfons aifociated under the two other di- 
vifions of affociates ; provide<l fuch faares be fo fublcribed 
tor within thirty days next following the expiration of 
J' fixtv 



a* CANAL BRIDGE. Feb,^1, An. 1807. 

fixty days ; and if not fo lubicribed for within faid thirty 
days, the fame or any remaining portion thereof may be 
fubfcribed for and held without regard to this divifion 
of intereft ; and no perfon who becomes a member of 
this corporation, under either one of faid divifions of in- 
tereft, Ihall be permitted to fubfcribe for fhares in either 
of the other divifions, unlefs they be fuch fliares as may re- 
main unfubfcribed for after the expiration of the aforefaid 
periods. 

Sect. 3. And be it further enacted. That the faid bridge 
and caufeway Ihall be erected from the northweftwardly 
Races from and ^^^ ^^ Leverctt ftreet, in the direction of faid ftreet, by 
o where the the Alms Houfe fence, to the eaft end of Lechmere*s Point, 
Sf '' '"^ ^' ^^d ^^^^ thence to BarreU's Point, in Charleftown. And 
the corporation to be created by this act, Ihall alfo lay out 
and make, or caufe to be laid out and made, a good and fuf- 
ficient road, from BarreU's Point, aforefaid, in the moft con- 
venient line, to Page's tavern, in Charleftown. 

Sect. 4. Ayid be it further enacted^ That the faid bridge 
may be erected and made of wood, and the piers of wood 
Materials. or Itone, in all parts of the channel of Charles river, through 
which it may be built ; and tliat tlie refidue thereof may 
p ovifo ^^ conftru£ted of Hone, timber and earth : Provided al- 

tvays, that there be made proper and fuflicient palfages for 
the water of faid river ; and there fliall be made and kept 
Draws, two fufficient draws, or pafTage-ways, at leaft thirty feet 

wide, fuitable and proper for the pafling and repalTmg of 
vefTels at all times, toll free j and that there be built and 
kept in good repair, a fubftantial and fuflicient pier on 
Material* and q^^\^ ^^^q of faid draws, of ouc hundred and fifty feet in 
ibg the bridge, length, for the ufc of veil'cls in pafling through ; and the 
infide of faid draws, and the front of faid piers, fhall be 
planked with good pine plank, of not lefs than three inch- 
es thick, and placed horizontal on the fame, to be fecur- 
ed with trunneK ; the faid draw and piers to be fo planked 
from the furface of the water, at low water, to the top of 
faid piers, and in the draw, to the under fide of the 
fame j and that the faid bridge lliall not be lefs than for- 
ty feet wide, with fufhcient railings on each fide, with a 
foot-way, divided on each fide from the carriage-way ont 
faid bridge, by proper railing ; and that there fhall be a 
fuitable number of lamps put up on faid bridge and 
caufeway, not more than fifty feet diftant from each oth- 
er, and kept burning until midnight. Provided however, 
that the leaves of faid dravrs may be reduced in length, f.> 

that 



CANAL BRIDGE, F^^. 27, An. 1 807. lU 

that the travelling path over the fame fhall not be lefs than 
twenty feet. 

Sect. 5. And he it further enacted^ That the rates of Rates of toll, 
toll on faid bridge, fhall be the fame as are now by law de- 
mandable for pafling over Charles river bridge, which rates 
of toll fliall be written on a fign board, in large or capital 
letters, and fuch fign board Ihall be kept conllantly expof- 
ed to view, over the doors of fuch toU-houfes as may be 
ere£led on faid bridge. 

Sect. 6. And he it further enabled. That the proprie- 
tors of the Middlefex Canal Corporation, Ihall have full ^^"^^5^°'^^°^'^' 
right and lawful authority, to erect, or caufe to be erefted, thority to eredl 
on either fide, or on both fides of faid bridge, in fuch man- locks, &c. 
ner as they m;iy think beft, and at their own proper coft 
and expenfe, all fuch locks, and other works, as may be ne- 
ceflkU'y and convenient for the conduding the boats, rafts, 
and floats of faid proprietors, or others, ufmg faid canal, 
by the lides of faid bridge and caufeway, at all times, the 
whole length of faid bridge and caufeway, as well towards 
the town of Boflon, as from the faid town, free from all 
toll and charge : Provided, the faid proprietors of the Mid- 
dlefex Canal do not obflrud in any manner the pafling on 
faid bridge, or through the draws thereof. 

Sect. 7. And be it further enacted. That the faid pro- _ j^ ^.j^p ,.. 
prietors of the Middlefex Canal, be, and they hereby are dam. 
authorized and empowered to ered: fuch dam, or other 
works, northwardly of the line drawn from faid Lechmere's 
Point, and weflwardly of faid bridge and caufeway, as may 
be neceffary and proper, for retaining the water for the 
boats of faid canal to pafs on. 

Sect. 8. And he it further enacted. That at all legal 
meetings of the members of the corporation, erefted and 
conftituted by this ad, the concerns of faid corporation ^^p^'tyofvc 

n 11 1 1 • 1 , 1 1 • • i 1 1 1 to decide ink 

fliall be decided by the majority or votes, and each member meetings, 
prefent fhall be permitted to give one vote for every fhare 
whereof he is proprietor, unlefs he be proprietor of more 
than twenty fhares, and one vote for every five fhares above, 
and abfent members of faid corporation, may vote by proxy, 
authorized in writing. 

Sect. 9. And he it further enacted. That whenever 
any five members fhall, in writing, requefl the prefident to 
call a meeting of the members of faid corporation, hereby 
creeled, he fhall caufe a meeting to be notified, in the man- 
ner which may have been agreed upon for calling meetings 
of faid corporation, 

Sect, 



^16 



CANAL BRIDGE. 



Feb. 27, An. 1807. 



Term of con- 
tinuance. 



A& void in 
cafe. 



■ 



Sect. 10. And Be it further enacted. That the proprie- 
tors ot the laid canal bridge and caulcway,lhall continue to 
be a corporation and body poHtic, tor and during the term 
of levcnty years, to be computed from the day of complet- 
ing faid l3ridge and caufevvay, and opening the fame for 
paifengers ; and at the expiration of the laid term of feven- 
ty years, faid canal bridge and caufeway fhall revert to, and 
be the property of the commonwealth, and ihall be furren- 
dered in good repair. 

Sect. 11. Jnd Le it further etmcted. That if the faid 
corporation fhail neglect or refufe to complete the faid 
bridge and caufevv^ay, for the ipace of five years from the 
palling of this act, then this ad: Hiall be void, and of no 
effea 

Sect. 1 2. And he it further enacted. That John C. Jones, 
Gorham Parfons, and Andrew Cragie, may call a meeting 
prielcSbrcer- of faid proprietors and their aflbciates, hereby incorporat- 
;ain purpofes. ed, for the purpofe of deciding on the manner of iubfcrib- 
ing and holding the lliares in this corporation, agreeably to 
the provifions of the fecond feclion of this act, and for any 
other purpofes ; and the manner of calling faid meeting, 
fhall be by publiftiing, in any three of the iiofton Newfpa- 
pers, an advertifement of the time, place.^ and purpofes of 
the meeting ; the firil publication whereof ihali be twenty 
days before the time of meeting. 

Sect. 13. And he it further enadcd. That the propri- 
etors of Newburyport turnpike, be, and they are hereby 
froprietors of authorized and empowered to continue and extend their 
turmXe ^tin- Toad from Maiden bridge, to the bridge herein authorized 
powered. to be crecled, and to take and appropriate, for the purpofe 
of making fuch part of faid road, any lands through which 
the fanie may run, on the like terms and conditions, and 
in like manner as by law they were authorized to do 
through lands in which the laid turnpike now runs : Pro- 
'vided however, that if the faid Newburyport turnpike cor- 
poration fhail neglect to make and extend their road from 
Maiden bridge, to the faid canal bridge, for the fpace of 
five years, from and after the pafling of this act, then this 
provifion fhail be void and of no effect. 

Sect. 14. And be it further enabled. That the propri- 

' etors of faid bridge iliall pay to the mailer of every vcil'el 

i ropnctors to that ihall be loaded in whole, or to the amount of one half 

' •o%e^ii&T'p!i'?'r- o^^ and of more than twenty tons, rcgilter 

' ngthe draws, meafure, that (hall pais up through either of faid draws, for 

the purpofe of unloading her cargo, ten cents a ton, for 

eacl^ 



Proviro. 



CANAL BRIDGE. Feb. 27, An. 1807. 117 

each and every ton fdid veflcl fliall meafure ; and it fliall be 
lawtul, at any period after two years, from the time laid 
brid2;e fliall be open tor pallengers, tor any party interefted, 
to nuke application to the Governor, who, with the advice 
ot Council, is hereby authorized, upon luch application, in 
MTiflng, cieiiring that a revifion of laid premium of fen cents, subjea to a 
as aforelaid, may be made, to appoint .hree impartial men reviiion. 
to hear the parties, examine the premiles, and increafe or 
diminilh faid prei>;ium of ten cents, as they Ihall think jull 
and reafonable, and their aw^ard, ligned by them, or a 
major part of them., figned, fealed, and certified, to the 
Governor, and by him publilhed, ihall be binding upon all 
parties, and fliall be the fum thereafter to be paid, and in 
like manner, and by fimilar application and procefs, the 
fame premium may be increafed or diiTiiniflied, at the ex- 
piration of every two years fucceflively, during the con- 
tiiuiance of this act. 

Sect. 15. And be it further enacted. That the faid cor- Annual fum to 
poration fliall be holden to pay to the proprietors of Well- Repaid the rnj- 
Boifon bridge, three hundred and thirdy-three dollars ^«<^ Bofton Bridge. 
thirty-three cents, for each and every year that both faid cor- 
porations ftiali cxiif. And- be it further enaded. That a lock, 
draw% or fluice-way, fliall be made in that part of the bridge 
or dam between Lechmere's Point, and Barrell's Point, at 
leaft twenty-feven feet wide, which fliall be opened and 
lifted at all times, free of expenie, by faid proprietors, for 
veflels, boats, and rafts to pais, and that nothing contained 
in this acl, fliall go to deftroy or impair any rights or pri- 
vileges already granted to the Prifon Point Dam Corpora- 
tion. 

Sfxt. 16. Be it further enacted. That the proprietors Term of contin- 
of the Wefl; Bofton brid2;e fliall continue to be a corpora- uanceofweft- 

, , , ... ,"^ 11- 1 r r BolUn Bridge 

tion and body politic, tor and during the term of ieventy corporation, 
years, from the time of creeling and com^pleting the faid 
Canal Bridge, fubject to all the conditions and regulations 
prefcribed in an acf, ei;titied. An act for incorporating 
certain pcrfons for the purpofe of building a bridge over 
Charles River, from the welterly part of Bofton to Cam- 
bridge, and for extending the intereft of the proprietors of 
Charles River Bridge, for a term of years, and the feveral 
acts in addition thereto ; and during the aforelaid term of 
feventy years, the faid proprietors of the Wefc-Bofton 
bridge, fliall and may continue to collect and receive all the 
toll granted by the aforelaid act, and the feveral acts in ad- Proviio. 
dition thereto j Provided however, they Ihall alfo continue 

to 



US CANAL BRIDGK. Feb. 27, An. 1807. 

to pay annually to Harvard College, the fum oiftx hundred 
and fixty-fix dollars and ftxty-fia cents ; and at the expiration 
of laid term of feventy years, faid Weft-Bofton bridge Ihall 
revert to, and be the property of the Commonwealth, and 
Ihall be furrendered in good repair. 
Conditions of Sect. 1 7- Provided always^ and be it further enacted^ That 
diisaa, this act fhali be of no avail or efFed, and that the privileges 

and authority herein and hereby vefted, fhall never be 
exercifed by the perfons herein named, or by any other 
perfon or perfons, until a reieafe and difcharge of all the 
covenants of warrantee contained in the deed of James 
Prefcott, Jofeph Hofmer, and Samuel Thatcher, Efq. unto 
Andrew Cabot, and his affigns, fhall be made and obtained 
from Andrew Cragie, or the perfon or perfons who are 
legally authorized to make fuch reieafe and difcharge, fo 
that the faid Commonwealth, and all and every perfon or 
perfons, ading in their behalf, may be forever releafed, ex- 
onerated, and difcharged, from all of faid covenants, and 
from all damages, claim of damages, or cnft, which have 
been, or Ihall hereafter be incurred, either in law or equi- 
ty, by reafon of faid covenants of warrantee, or any other 
covenants in the fame deed ; faid reieafe and difcharge to 
be made to the acceptance and fatisfadion of His Excel- 
lency the Governor, with the advice of Council : And pro- 
vided alfo, that this a6l, and every part thereof, Ihall be 
void, and of none effect, unlefs fuch reieafe and difcharge, 
duly executed, acknowledged, and recorded, to the fatif- 
faclion of the Governor and Council, fhall be made, and 
iiled in the ofHce of the Secretary of the Commonwealth, 
within one year from and after the pafling of this act. 
Sect. IS. Be ii further ena^ied^ That in cafe the propria 
^fTegK tf^' etors of f lid Canal Bridge, or any toll-gatherer, or officer, 
^pcnthediaws. by them appointed, fhall neglecl or refufe to open the draws 
of faid Bridge, at any time, by night or by day, or unnecef- 
farily detain any veffel, about to pafs through the fame, the 
faid proprietors fliall forfeit and pay for every fuch refufal, 
negle6l, or unreafonable detention, a fum not exceeding 
fifty dollars, nor lefs than tweyity dollars, to be recovered by 
the mafter or owner of fuch veifel, in any court proper to 
try the fame. 

[This ad paiTed February 21, 1807.] 



CHAR 



INSURANCE COM. COR. Feb, 27, An. 1807. H9 

CHAP. LXXXIX. 

An acl to incorporate Jofeph Williams, John Balch, and 
others, into a company, by the name of The Union 
Marine and Fire Infurance Company, in Newburyport. 

Sect. 1. liE if enaded by the Senate mid Houfe of ReprC' 
fcntatives, in General Cou}'t ajfcmbled, and by the authority of 
the fame. That Joleph Williams, John Balch, and others, perfons mcor- 
and fuch perfons as have already or hereafter ihall become po^ated. 
ftockholdtrs in faid company, being citizens of the United 
States, be, and hereby are incorporated into a company and 
body politic, by the nanie of The Union Marine and Fire 
Infurance Company, in Newburyport, for and during the 
term of twenty years after the pafling of this acl ; and by 
that name, may lue and be fued, plead or be impleaded ; 
appear, profecute, and defend, to final judgment and exe- 
cudon ; 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 laid company, fubjecl to 
the reftriclions hereinafter mentioned. 

Sect. 2. Be it further enacted. That a fliare in the cap- , ,• • .» 
ital flock of the faid company, fhall be one hundred dollars, "^^ ^ 
and the number of fhares fhall not be lefs than one thou- 
fand, nor more than two thoufand, and if the faid number 
of fhares are not already filled, fubfcriptions fliall be kept 
open under the infpedion of the Preildent and Diredors 
of the faid company, until the fame fliall be filled ; and the 
whole capital ftock, eftate or property, which the faid com- Amount of 
pany fhall be authorized to hold, fliall never exceed /^yo capital ftock. 
hundred thoufand dollars, excluhve of premium notes, or 
profits arifing from faid bufmefs, of which capital flock or 
property, a fum not exceeding thirty thoifand dollars, fhall 
be invefted in real eftate. 

Sect. 3. Be it further enaBed, That the ftock, proper- concerns of ths 
ty, affairs and concerns of faid company, fliall be managed company to be 
and conduced by thirteen Direclors, one of whom fliall be Sfs!"^ ^^' °'^ 
the Prefident thereof, who fhall hold their offices for one 
year, and until others fhall be chofen, and no longer; which 
Directors fhall, at the time of their eleclion, be ftockholders 
and citizens of this Commonwealth, and not Direclors in 
any other company carrying on the bufinefs of Infurance, 
and fliall be elected on the hrft Tuefday in January, in each Manner rfeie<a- 
and every year, at fuch times of the day, and at fuch places '"S Cire<aor5, 
in the town of Newburyport, as a majority of the Directors 

for 



120 



INSURANCE COM. COR. 



Feb. 27, An. 1807. 



choice of Pre- 
fldent. 



Diredlors em- 
powered. 



Provifo, 



for the time being fliall appoint ; of which election, public 
notice Ihall be given in all the newi'papers which are at the 
time printeci in New^buryport, and continued for the fpace 
of twenty days immediately preceding fuch election ; and 
fuch election fhall be liolden under the infpoclion of thr^e 
ftockholders, not being Directors, to be appointed previous 
to every election by theDireclors. and fliall be made by ballot, 
by a majority of votes of the ftockholders prefent, allowing 
one vote tvi each fhare in the capital ftock ; Provided, that 
no ftockholder iliali be allowed more than tweniy votes, 
and the ftockholders not prefent, may vote by proxy, under 
fuch regulations as the company ftiall prefcribe. 

Sect. 4. Be it further enaded. That tlie Directors fo 
choien, iliall meet as foon as may be after every election, 
and ftiall choofe out of their body one perfon to be Preli- 
dent, who fliall prelide for one year, and until another ftiail 
be chofen, and fliall be fworn faithfully to difcharge the du- 
ties of his office ; and in cafe of the death, refignation, or 
inability to ferve, of the Prefident or any Directors, fuch 
vacancy or vacancies fliall be filled for 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 re- 
fpecting annual elections for Directors and Prefident. 

Sect. 5. Be it further enacted^ That the Prefident and fix 
of the Directors, (or feven of the Directors in the abience 
of the Prefident) fliall be a board competent to tranfact 
buftnefs ; and all queftions before them fliall be decided by 
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 difpofition of the ftock, property, effects, and eliate of 
faid company, and the transfer of fliares, and touching the 
duties and conduct of the feveral offtcers, clerks, and fer- 
vants employed, and the election of Directors, and all fuch 
matters as appertain to the bufmefs of infurance ; and fliall 
alfo have power to appoint a fecretary and fo many clerks 
and fervants for carrying on the faid bufinefs, and with fuch 
falaries and allowances to them, as to the faid board fliall 
feem meet ; Provided, fuch by-laws, rules and regulations, 
fliall not be repugnant to the Conftituiion or Laws of this 
Commonwealth. 

Sect. 6. Be it further enacted. That the Prefident fliall 
not receive any compenfaticn for his fervices, unlefs by con- 
fent of a majority of the ftockholders of faid company. 

Sect. 



INSURANCE COM. COR. Iv^. 27, An. 1807. J 2 

Sect. 7. Be it further enacted. That there ihall be ftated Meeting of Di- 
mcctings of the Diredors, at Icaft once in every month, re^^o". 
and as often within each month as the Prehdent and board 
of Directors ihall deem proper ; and the Prefidcnt and a 
committee of three Directors, to be by him appointed in ^.^j^^j^tg^ of 
rorarion, jDhall ad'emble daily, if need be, for the diipatch of Direaors to bo 
buniiefs ; and the laid board of Diredors and the commit- app"i"ted. 
tec aforefaid, at and during the pleai'ure of the faid board, 
fliail have power and authority, in behalf of the company, powers of Di- 
to make infurance upon vefl'els, freight, money, goods and rectors, 
effe-fls, and again it captivity of perlons, and on the life of 
any pjrfon during his abfence by fea, and in cafes of mon«. 
ey lent upon bottomry, and refpondcntia ; and when the 
capital ftock or fund of faid company Ihall amount to the 
fum of tivo hundred thoufand dollars, and ncjt before, fliail 
alio be authorized to make infurance on any manlion 
houfe, or other building, and on the goods and property 
therein contained, againft damage ariiing to the fame by 
lire, originating in any caufe except that of defign in the 
infured ; and to fix the premiums and terms of payment, 
'and all policies of infurance by them made, lliall be fub- 
icribed by the Prefident ; or in cafe of his death, ficknefs, 
inability or abfence, by any two of the Directors, and 
counterligned by the Secretary, and fhall be binding and 
obligatory upon the faid company, and have the like effect 
and force as if under the feal of faid company, and the 
affured may thereupon maintain an action upon the cafe 
againft the faid company, and all loffes duly arifing under 
any policy fo fubfcribed, may be adjufted and fettled by the 
Prefident and board of Directors, and the fam.e lliall be 
binding on the company. 

Sect. 8. Be it further enaBed, That it fhall be the duty Diyrjendc 
of the Directors on the fecond Tuefday of June and De- 
cember, in every year, to make dividends of fo much of the 
interelt anling from the capital ftock, and profits of the 
faid company, as to them fhall appear advifable ; but the 
monies received, and notes taken for premiums on rilks 
which (hall be outftanding at the time of making fuch 
dividends, fhall not be conlidered as part of the profits of 
the company ; and in cafe of any lofs or loflcs, whereby the 
capital ftock of the company fliall be Icffoned, before all the 
initalments are paid in, each proprietor's or ftockholder*s 
I eftate, fhall be held accountable for the deficiency that may- 
be due on his fhare or fhares at the time of laid lofs or 
lofTes taking place, to be paid in to the faid company by af- 
P felTment, 



INSURANCE COM. COR. 



Feb. 27, An. 1807^ 



.Stork to be 
huidod. 



Inftalniems to 
be paid. 



Members, prO' 
pcT')- liable to 
attachment. 



feffment, or fuch other mode, and at fuch time or times as 
the Direclors ftiali order ; and no fubii^uuent dividend ihall 
be made until a fum equal to fuch diminution iliall have 
been added to the capital; and that once in every two years, 
and oftener, it" required by a majorty of the votes bt the 
ftockholders, the Uiredors ihall lay before the llockholders 
at a general meeting, an exacl: and particular ftatement of 
the profits, if any there be, after dcduding loffes and divi- 
dends. . r r • ^ 

S CT. 9. Be a further enacted. That the hud company 
fliall not, dircaiy or indirecT.y, deal or trade, in buying or 
feUino- any goods, wares, or merchandize whatfoever j and 
the capital ilock of faid company, after being collec1:ed, at 
each inftalment, fhall, within fix months, be invefted either 
in the funded debt of the United States, or of this Com- 
monwealth, or in the ftock of the United States Bank, or 
of any incorporated bank in this Commonwealth, at the 
difcretion of the Prefident and Direclors of laid company, 
or of other officers which the proprietors iliall for fuch pur- 

pofe appoint. ^. , „ r 

Sect. 10. Be it further enaaed, Thitffly dollars on each 
ihare in faid company iliail be paid within fixty days after 
the iirft meeting of the faid company, and the remaining 
fum due on each ilvare within one year aiterwards, at luch 
equal inftalments, and under fuch penakies as the laid com- 
pany iliall direa ; and no transfer ot any iliare Ihail be per- 
mitted, or be valid, until the expiration of one year alter 
the firft inftalment iliall have been paid. 

Segt. 1 1 . Be it further enafted, That the property ot any 
member of faid com.pany, veiled in the Hock ot faid com- 
pany iliall be liable to attachment, and to the payment and 
fatisfaction of his iuil debts, to any ot his bGuaJida creditors, 
in manner following, viz :-ln addition to the fummons 
bv law prefcribed, to be left with the defendant, a like 
fummoi^; ihall be left with the fecretary of laid company, 
and the debtor's ihare or iliares in the faid company s funds, 
tonether with the intcreil and^ 
lb much thereof 



ther 



jon, or 



m tne laiu cuuipany » iuiiv^o, 
profits due, or growing due 
as ihall be iuriklent, iliall 



thereby be held to refpond faid fuit according to law ; and 
all transfers of the debtor's iliares not noted in the books 
of the company previous to the delivery of fuch fummons, 
Ihall be barred thereby, and execution may be levied upon 
the property of any ilockhr.lder in fud company, ana Ins 
Ihare or ihare. therein expoled to iale, in the ^^^J'^^?^ 
as is by law prelciibea, where perional eilatc '\^^^^^^, 



iN^SURANCE COM. COR. Feb. 27, An. 1807. I'i:; 

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 fecretary of faid com- 
pany, and the purcliafer fhall thereupon be entitled to the 
reception of all dividends and Itock, which the debtor was 
previoully entitled to ; and upon any attachment being- 
made, or execution levied on any {hares in faid company, 
it fhall be the duty of the fecretary of laid company, to 
expofe the books of the company to the oilicer, and to 
furnifli him with a certificate under his hand, in his official 
capacity, afcertairnng the number of Ihares the debtor holds 
in faid company, and the amount of the dividends due 
thereon. 

Sf.ct. 12. Be it further enacted^ That in cafe of any lofs E^-tes of d> 
or loffes taking place that fliall be equal to the amount of '"'''' "'' ''"' ^' 
the capital ftock of the faid company, and the Pref;dent or 
Dircdors after knowing of fuch lofs or lofies taking place, 
fliall fubfcribe to any policy of infurance, their eftates, joint- 
ly and feverally, fliall be accountable for the amount of any 
and every lofs that fliall take place under policies thus fub- 
fcribed. 

Sect. 13. Be it further enacted , That the Prefident and Amount ot 
Directors of faid company, fliall, previous to their fubfcrib- ^" J,j5l!?d' 
ing any policy, and once in every year after, publifli, in all 
the newfpapers printed at the time in Newburyport, the 
amount of their fl:ock ; againlf what rifles they mean to in- 
fure, and the largeft fum they mean to take at any one rifle. 

Sect. 14. Be it further enacted. That the Prefident and Subjeift to i.e. 
Directors of faid company fliafl, when, and as often as re- ^1^0^'^'^''^"' 
quired by the Legiflature of this Commonwealth, lay be- 
fore them a ftatement of the affairs of faid coir-pany, and 
fubmit to an examination concerning the fame under oath. 

Sect. 15. And be it further enacted. That Jofeph Williams, Meeting to i.e ' 
and John Balch, are hereby authorized to call a meeting of ^^^^'^'^• 
the members of faid company, as foon as may be, in New- 
buryport, by advertifing the lame for three weeks fuccef- 
fively, in the newfpapers printed in faid town, for the pur- 
pofe of electing the flrfl; board of Directors, who fliall con- 
tinue in office until tlie hrft Tucfday of January next, fol- 
lowing, and until others are chofen in their room. 

Sect. 16. And be it further enacted. That the faid Pre- infuranrc 
iident and Directors fliall not be allowed to infure, on any ''''^^^'-"'^^ 
one rifli, a larger fum than ten per centum of the amount ©f 
the capital ftock of faid corporation, actually paid in. 

Sect, 



XiVth MASS. TURNPIKE. - Feb. 27, An. 1807. 

Sect. 17. Be it further enacted. That nothing in this ad, 
fliiii prevent any future Legillature from altering, and 
amending it in any part. 

[This ad palled February 27, 1 807.] 



CHAP. XC. 

An ad confirming the doings of the Court of Genera! 
Seflions of the Peace, for the county of Hampftiire, ret 
peding the location of the Fourteenth Mairachufetts 
Turnpike Road, and empowering faid court to deter- 
mine by a jury, or a new committee, the damages, the 
owners of lands over which faid road is located, have 
fuftained by laying out the fame. 

JjE it enacted by the Senate and Houfe of Repre- 

fentatives, in General Court affmhled, and by the authority of 

Doings of court the fame. That the doings of the Court of General Seflions 

con rme . ^£ ^^ Pcacc, for the county of Hampfhire, refpeding lay-^ 

ing out the Fourteenth MalTachufetts Turnpike Road, and 

aflelling damages to owners of lands over which faid road is 

located, be, and they hereby are coniirmed and made valid, 

rovilb. notwithflanding any informality refpeding the fame. Pro- 

'vided however, that the owner or owners of land over which 

faid road has been located, or any of them, fliallbe entitled 

to the right of trial by jury, for any damages which they 

may have fuftained by 1 lying out fliid road, or by a new 

committee if the parties Ihall agree, if fiid owner or owners, 

or any of them, ihall apply for a jury at the lirft Court of 

General SeiTions of the Peace, to be holden in faid county, 

next after palling this ad, and not otherwife, in the fame 

manner they would have been entitled, if they had applied 

at the lirft Court of General Seflions of the Peace, holden 

in faid county next after the acceptance of the report of the 

committee who located faid road, any thing in thiSj or any 

1 former ad to the contrary notwithftanding. 

[This ad palTed February 27, 1 807-] 

CHAR 



AQUEDUCT.—MEETING-HOUSE. /VZ^. 27, An. 1 807. 2^.' 

CHAP. XCI. 

An aft in addition to an aft, entitled, " An aft to incorpo- 
rate Rufus Davenport, and others, by the name of the 
Cambridge Port Aqueduft Corporation." 

ijE // ena6ledhy the Senate and Houfe of Repre- 
fentatives^ in General Court ajfe?nbled, and by the authority of the 
the fame. That the Cambridge Port Aqueduft Corporation, 
may be, and hereby is authorized and empowered to pur- prrErancr 
chafe, hold, and ufe, in fuch manner, and for fuch purpofes, i^oid lands, 
as are defcribed in the aft to which this is an addition, a cer- 
tain piece or parcel of land, fuppofed to contain fprings, on 
or by the hills near the houfe of Mr. Peter Tufts, in Med- 
ford ; and the faid corporation may alfo purchafe and hold 
in manner aforefaid, one or more piece or pieces of land 
which the faid corporation fhall require ; Provided^ that all 
the land fo purchafed and holden by faid corporation, Ihall 
not in quantity exceed fix hundredfeet fquare ; and for the 
purpofes aforefaid, a meeting of the proprietors may be cal- 
led and held, in the manner provided in the aft to which 
this is an addition. 

[This aft paffed February 27, 1807.] 



CHAP. XCII. 

An aft to incorporate Benjamin Lincoln, and others, into a 
Society, for the purpofe of building a Meeting-Houfe, for 
public religious worfhip, in the north parifh of Hingham, 
in the county of Plymouth. 

Sect. 1. Be // enaded by the Senate and Hoife of Repre- 
fentatives, in General Court affembled, and by the authority of the 
fame. That Benjamin Lincoln, Nathan Rice, Abner Lincoln, Perfons incor 
and Levi Lincoln, junior, their afTociates and fucceflbrs, be, porated. 
and they hereby are conftituted and made a corporation 
and body politic, by the name of the New North Meeting- 
Houfe Corporation ; fliall, by that name, fue and be fued, 
fliall have a common feal, and may alfo ordain and eflablifti 
fuch by-laws and regulations, as to them ihall feera neceffary 
imd convenient for the government of faid corporation: 
Provided, fuch by-laws and regulations Ihall be in no v/ife provifo. 
contrary to the Laws and Conftitution of this Common- 
wealth 5 may purchafe and hold Jand for the ercftion of a 

houfe 



I 



i2& MEETING HOUSE. Feb, 27, An. 1807. 

houfe for public vvorfliip thereon ; iKall have power from 
time to time, to raife money to keep the fame in repair ; 
and may purchafe, receive by gift and devife, and hold rea! 
and perfonal ellate, the annual income of which llmll not ex- 
ceed the fum of one thoufand dollars, for the pUrpofe of 
building a meeting houfe, and fupporting pubUc worlhip 
thei'ein. 

Sect. 2. Be it further enacted^ That the property of faid 
Property of the corporatiott fliail be divided into fuch a number of lliares, 
vorporatioii di- as the proprietors ftiall agree upon ; Provided^ that the 
videmmofliares.jj^j-j^l^gj. ihall, in uo cafe, exceed one hundred ; and the 
fame iliall be confidered perfonal eftate ; and the certifi- 
cates of fuch {hares, and of all transfers of the fame, ihall 
be recorded in the books of the town clerk of Hingham, 
and fhail be numbered from one, upwards, and the number 
which each certificate fliall bear, fhall defignate the pew to 
which the proprietors who liiall hold the laid certificate, 
ihall be entitled. 

Sect. 3. Be it further enacted. That within fourteen 
days after the faid houfe fhall be finifiied, the clerk of faid 
Fews t® be fold Corporation fliail advertife the pews for fale, at public auc- 
atauaioQ. tiou, amoug the proprietors only, firft giving feven days 
notice of the time and place of fale, by pofting notifications 
thereof at the faid meeting houfe ; and each proprietor fhall 
have a right to purchafe as many pews as he holds fliares, 
in the faid corporation, and no more. 

Sect, 4. Be it further enacted^ That whenever any pro- 
prietor Ihall neglect or refufe to pay any aiTeirraentjduly vot- 
g^iiaresof dtJin- ed^for the ^urpofe of this corporation,to the treafurer there- 
S^oSfcicT of, within thirty tia;S afier the lame ihall be made payable, 
the faid treafurer is hereby authorized to fell, at public ven- 
due, the fhare or fhares of inch delinquent proprietor, to 
defray fuch ailefunent, and all necellary charges, after giv- 
ing notice, thirty days at leail before fuch falf-, by pofting 
notifications at the faid meeting houfe, and at two or more 
public places, witl\in the faid town of Hinghamjof the time 
and place of fale, and of the caufes thereof; and the pur- 
chafer v)r purchafers, under ariy fuch lale, fliall receive from 
the clerk, executed in the manner hereinafter prefcribed. a 
certificate or certificates, of fuch iharc or iliares as he fiiall 
purchafe as ai^rcfaid, and fliall thereby have and hold all 
the eftate, right, title and intereil, which fuch delinquent 
proprietor poifeiTed in fuch ihare or (hares, and in the pew 
or pews deiignated by the number or numbers of fuch fliare 
or fliares 3 and after deducfing fach ailbfuncnts, and nccei- 

fary 



>iEETING HOUSE— MILLS. Feb. 27, An. 1807. 1 - 

i;iry charges, the overplus, if any, fiiall be paid to the faid 
delijiquent, by the treafurcr, on demand. 

Sect. 5. Be it further enaclal^ Ihat each proprietor or Every proprle- 
liis aeent, duly authorized in writing* Ihall have a rip-ht to ''^'" emitied w 
vote m all meetings ot laid corporation, and be entiiled to 
as many votes as he has ihares : Providcdy that no perfon 
Ihall be entitled to more than five votes. 

Sect. 6. Be it further enactedy That a meeting of faid 
corporation Ihall be holden at thehoufeofEphraim Andrews, Meeting to be 
iniihoider, ia faid Hingham, on the firft Saturday of March I'oideu, 
next, at three o'clocic, in the afternoon, for the purpofe 
of choohng a prefident, treafurer, and clerk, and fuch 
other oiiicers as Ihall be deemed neceliary, and alfo to agree 
upon the mode of calling meetings of faid corporation in 
future. 

Sect. 7. Be it further enacted. That the feveral officers 
of faid corporation fliall be chofen annually, by a majority choTenaniraaih 
of votes, given in at the time of the election, and that the 
day of the annual election ihall be eftablifhed at the firfl 
meeting of faid corporation. 

Sec r. 8. Be it further enacted^ Tliat the prelident and 
clerk ihall fign the certificates of the fliares of the proprie- 
tors in this corporation, and that the clerk lliall make a rec- 
ord of the fame, in a book, to be kept for that purpofe. 

Sect. 9. And be it further enact cd^ That the clerk, 
before he Ihall enter upon the duties of his office, fhall be 
fworn to the faithful ditcharge of the fame. , 

[This ad paiied Feb. 27, 1807.] 



CHAP. xcm. 

An acl to exempt the Cotton Mills and Manufactures of 
Jeduthan Fuller and Seth Bemis from taxation, for five 
years. 

r5E // enacted by the Senate and Houfe of ReprC'- 
fentativcSy in General Court affetubled, and by the authority of 
the fame, 1 hat all the buildings which now are, or hereafter 
may be erected in tlie town of Watertown, by Seth Bemis, 
and Jeduthan Fuller, for the purpofe of eftablifliing a Cot- 
ton Manufactory, in faid town, and all the materials and 
Itock to be employed in the manufacture of Cotton, be, 
and they arc hereby exempted from taxes, of every kind, 

fur 



:8 TURNPIKE—W. CAMBRIDGE. Feb. 27, An. 1807. 

for and during the term of five years, from and after the 
pafling of this acl, and no longer. 

[This ad palled February 27, 1807-] 



CHAP. XCIV. 

An act for allowing further time to the New Bedford and 
Bridgewater Turnpike Corporalion, for completing their 
Road. 

jjE // enacted by the Senate and Houfe of Rep- 
re/enfatives, in General Court aj'embled, and by the authority of 
the fame. That a further time of fix months, from the twen- 
ty-eighth day of February next, be, and hereby is allowed 
to faid corporation, to complete faid turnpike road ; any 
thing in the original a<5t of incorporation to the contrary, 
notwithftanding. 

[ 1 his ad paffed Feb. 27, 1 807.] 



CHAP. XCV. 

An acl to divide the town of Cambridge, and to incorpo 
rate the Wefteriy Pariili 'therein, as a feparate town, by 
the name of Weft Cambridge. 

Sect. 1. ijY. it enacted by the Senate and Houfe of Repre- 
fentatives, in General Court aj/e?nbled, and by the authority of the 
fame. That all that part of the town of Cambridge, hereto- 
iecendpanfliin foj-g known as the fecoud pariih, and as defcribed within 
wpomed '"' the following bounds, together with the inhabitants there- 
on, be, and the fame is hereby incorporated into a feparate 
town, by the name of Weft Cambridge, viz. Beginning at 
Charlefto'.vn line, where the little river interlefts the fame, 
and running on a line, in the middle of faid little river, un- 
til it ftrikes Frefli Pond, fo called ; thence weft, ten degrees 
Boundaries, fouth, until it interfecls the line of the town of Watertown ; 
thence on Watertown and Waltham line, until it ftrikes^ 
Lexino-ton line ; thence on Lexing-ton line, until it ftrikes 

^ . 1 O ' 

Woburn Ime ; thence on Woburn and Charleftown line, to 
thefaid littleriver,firft mentioned. And the faidtown of Weil 
Cambridge,is hereby veftedwithallthepowersand privileges, 
and ftiall alfo be fubjeft to all the duties to which other cor- 
porate towns are entitled and fubjecled, by the conftitution 

and 



WEST CAMBRIDGE. Feb. 27, An. 1807. 129 

and laws of this commonwealth : Provided hoiaevcr, that provlfo. 
nothing in this a<5l fhall be ib conllrued, as to impair the 
right or privilege of the Congregational minifter of the faid 
town of Weli Cambridge, which he now holds in Harvard 
College. 

Sect. 2. Be it further enacted. That the inhabitants of 
the faid town of Well Cambridge, fliall be entitled to hold inhabitants to 
fuch proportion of all the real and pcrfonal property now '^.«'«i \ propor- 

. ■, ^ . *^ 1 !• 111^1 t'^'" "' proper- 

belonging TO, and owned m common by them, and tne ty owned in 

inhabitants of the prefent town of Cambridge, as the prop- common, 
crty of the laid inhabitants of Weil Cambridge now bears 
to the property of all the inhabitants of the late town of 
Cambridge, according to the lateft valuation thereof ; ex- 
cepting always, all rights of common landing places, ufes, 
and privileges, now and heretofore poffefl'ed and enjoyed 
by the inhabitants of faid Cambridge, which lliall hereafter 
belong and appertain to that town only, in which the fame 
may fall. 

SiicT. 3. Be it further enacted. That the inhabitants 
of the laid town of Weft Cambridge, fhall be holden to pay — to pay ar, 
all arrears of taxes, due from them, together with their "^^^^ °^ '"«*• 
proportion, (to be afcertained as aforefaid) of all the debts 
and claims now due and owing, from the faid town of 
Cambridge, or which may hereafter be found due and 
owing, by reafon of any contrail, engagement, judgment of 
court, or other matter or thing, heretofore entered into, 
or now exifting. 

Sect. 4. Be it further enacted. That the faid town of 

Weft Cambrige, fhall be holden to fupport their proportion tofuppon 

of the prefent poor of the town of Cambridge, whiph pro- theirproportioa 
portion Ihall be afcertained by the prefent valuation of the 
tow^n ; and all perfons who may hereafter become chargea- 
ble, as paupers, to the towns of Cam»bridge and Weft Cam- 
bridge, fliall be confidered as belonging to that town, on the 
territory of which they had their fettlement, at the time of 
palling this act, and Ihall, in future, be chargeable to that ^ 

town only. 

Sect. 5. Be it further enacted. That the faid town of 
Weft CambridGfe, fliall be held to keep up and fupport their ~~~ '° ^^PPf^" 

_ • r T 111-1 ^1 1 • 1 tiieirproportion 

proportion of the old bridge, over Charles river, between oitheoia bridge, 
the lirft and third parifhes of Cambridge, which propor- 
tion fhall be afcertained from time to time, by the ftate 
valuation. 

Sect. 6. Be it further enacted. That the faid town of 
Weft Cambridge, fhall be holden to pay their proportion — topayfiate 

"p *■* *i 3j county taxes. 



.30 TAXATION— BRIDGE. Feb, 27, An. 1807, 

of all ftatc and county taxes, aflefled on the inhabitants of 
the faid town of Cambridge, until the General Court fliall 
lay a tax on the faid town of Weft Cambridge. 

Sect. 7. Be it further enacted^ That this acl fhall not 
\ have any force or efted, until the firft day of June, one 
thoufand eight hundred and feven. 

Sect. 8. Be it further enacted. That anyjuftice of the 
peace for the county of Middlefex, upon application there- 
Juftice to iiTue ^^^; i^ hereby authorized to iffue his warrant, directed to 
a warrant. fome freeholder of the faid town of Weft Cambridge, re- 
quiring him to notify and warn the inhabitants thereof to 
meet at fucli time and place as Ihall be appointed in faid 
warrant, for the choice of fuch officers, as towns are by law 
required to choofe, at their annual town meetings. 
[This act paffed February 27, 1807.] 



CHAP. XCVL 

An act to exempt the lands of certain perfons, within the 
bounds of the North Parifti in Danvers, from taxation, 
towards the fupport of the Miniitry, in the faid North 
Parifh. 

IjE it enacted by the Senate and Houfe of Repre^ 
fentatives, in General Court a//embled, and by the authority of 
the fame. That fo much of the land, now owned by Jona- 
than Procter, Timothy Felton, Mofes Prefton, Nathaniel 
Felton, Francis Procter, James Procter, and John Needham, 
jun. as lie within the lines of the north parifli in Danvers, 
be, and hereby are exempted from taxation, towards the 
fupport of the miniftry, and other parochial expenfes, in 
the faid north parifli, fo long as the a6t continues, entitled 
An a6t " to empower the proprietors of the fouth meet- 
ing houfe, in the late fouth parifli in Danvers, to raife 
money, by a tax on the pews a^d leats, in the faid meeting 
houfe." [This acT: paifed February 21, 1807.]- 

CHAP. XCVII. 

An act for incorporating certain perfons for building a 
Bridge over Prefumpfcut River, near the mouth thereof. 

VV' HE RE AS, the ere<5ting a bridge over Prefump- 
Freamblc. fcut river, in the town of Falmouth, in the county of Cum- 
berland, will be of great public utility— 

Sec To. 



BRIDGE. F^Z'. 27, An. 1807. 1.^ 

Skct. 1. BE it enaSicd by the Senate ^nd Huuje of Rep' 
refcniiitives, in Gcuc?al Court ajj'cmbled, and by the authority 
of the fame •y That Ifaac Parker, Lemuel Weeks, Joicph i it- perfom mcor- 
comb, Ebeiiczer iMayo Richard Hunneweli, Ihomas Web- poratcd. 
fter, Daniel Tucker, George W. Duncan, Steplien M'Lel- 
lan, Ifaac Ilifley, Jofliua Rogers, Aaron Kinfman, John 
Thacher, Jofeph Young, jun. Arthur M'Lellan, Nathaniel 
Jones, Matthew Cobb, Levi Cutter, Richard Derby, Wil- 
liam Brown, Robert Boyd, Nathaniel Coffin, James Deer- 
ing, James Neal, Joel Hall, Ammi R. Mitchell, Samuel Free- 
man, David Hale, Samuel Butts, James D. Hopkins, Jacob 
iJoyes, Thomas Robiibn, jun. Robert Illlley, Joieph Swift, 
Thomas Sawyer, Edward Barnevill, Nathaniel E. Fofdick, 
Thaddeus Robbins, Thomas B. Wait, Dummcr Mitchell, 
and ».'aleb Graftan, be, and they are hereby conftituted a 
corporation and body politic, for the purpofe of building a 
bridge over Prefumpfcut river, near the mouth thereof, at 
the moft convenient place between Martinis Point, and 
Thompfon's Point, fo called, in faid Falmouth, fo long as 
they fliall continue to be proprietors in the fund to be raifed 
for that purpofe, together with all thofe who are, or fhall 
hereafter become proprietors of the faid fund, under the 
name of the proprietors of Cafco bridge ; and by that 
name may fue and profecute, be fued and profecuted to 
final judgment and execution, and do and fuft'er all othei- 
matters and things, which bodies politic may and ought 
to do and fufter ; and that faid corporation ftiall and ma) 
have full power and authority to make, have and ufe, a 
common feal, and the fame to break and alter at plcafure. 

Sect. 2. And be it further enacted^ That Lemuel Weeks, 

Jofeph Ticcomb, and Ebenezer Mayo, or any two of them, 

may, by advertifement, in either of the newfpaper:3, pub- caUed." 
Jifhed in Portland, call a meeting of the faid proprietors, to 
be holden at any proper place, after fifteen days from the 
publication of faid advertifement ; and the proprietors, by 
a vote of the majority of thofe prefent, or reprefented, at 
the faid meeting, accounting and allowing one vote to each 
fmgle fliare ; (provided, that no one proprietor iliall have 
more than ten votes in any cafe) fhall have power to tranf- 
acl any bulinefs for the benefit of faid corporation : Fro- 
'aided, it be not repugnant to the conflitution and laws of 
this commonwealth ; and alfb to choofe feven direclors, a 
clerk, and trcafurer. And this acl, and all rules and regu- 
litionsj and YOi^\ of faid corporation, fhall be fairly and 

truly 



ivicctiiig 10 o; 



-'.'2 BRIDGE. F^^. 27, An. 1807. 

truly recorded, by the faid clerk, in a book, or books, kept 
fur that purpofe. 

Sect. S. And be it further enacted. That for the purpofe 
of reimburfing the faid proprietors for the monies by them 
expended, or that may be hereafter expended, in building 
Tolls cRabilflieJ. and fupporting faid bridge.^ a toll be, and hereby is grant- 
ed, and eftablilhed, for the fole benefit of faid proprietors, 
according to the rates following, that is to fay : For each 
foot paffenger, two cents ; for each perfon and horfe, fix 
Rates of toll, cents ; for each chaife or fulkey, drawn by one horfe, twelve 
and one half cents ; for each fleigh, drawn by one horfe, 
eight cents ; for each lleigh, drawn by two horfes, twelve 
and one half cents ; for each coach, phaeton, or curricle, 
twenty-five cents ; for each cart, waggon, fled, or other 
carriage of burthen, drawn by one or two beafts, eight 
cents, and for each additional yoke of cattle in the fame 
team, two cents ; and for each wheelbarrow, hand-cart, or 
other vehicle, capable of carrying a like weight, v.'ith one 
perfon, three cents ; for neat cattle, or horfes, other than 
thofe rode on, or in carriages or teams, two cents each ; 
for flieep and fwine, at the rate of eight cents the do:^- 
en ; and to each team, one perfon, and no more, fliall 
be allowed as a driver, to pafs free of toll. And at all 
times when the toll-gatherer fhall not attend his duty, 
the gate Ihall be left open ; and the faid toll fhall com- 
mence on the day of the opening faid bridge for pafTen- 
gers, and fhall continue for and during the term of fifty 
years ; after which term, it fhall be fubjecl to the regula- 



I 



tions of government. 



vSect. 4. And be it further enacted. That faid bridge 
fhall be well built, at leall thirty feet wide, of good and 
SueHairo/the ^^litsble materials, and be w^ell covered with plank, gravel, 
bridge. or timber, fuitable for fuch a bridge, with fufficient rails on 

each fide, for the fafety of paifengers ; and the fame 
Ihall be kept in good, fate, and paflable repair ; and the 
proprietors, at the place or places where the toll fhall be 
received, fhall ere6t, and keep conflantly in view, a fign, 
or board, with the rates of toll of all the tollable arti- 
cles, fairly and legibly written the^-ebn, in large or capital 
letters. 

Sect. 5. And he it further enacted^ That if the faid 
proprietors fliall neglect, for the fpace of three years, froni 
Aci void in cafe, ^j^^ pacing this acl, to build and erecl faid bridge, then this 
-^dc Ihall be void, and of no effect. 

Sect. 



OXFORD. Feb. 27, An. 1807. 1S3 

Sect. 6. Atid he it further enaSlcd, by the authority 
oforcfaid. That the faid proprietors Ihall build and keep a f^bTbtiiT''''^ 
convenient and fulhcient draw, or paflage-way, at leaft thir- 
ty-two feet wide, at fome place in the laid bridge, proper 
for the palling and repalling ofvcflels, by day and by night, 
through the laid bridge ; and (hall alio build and maintain • 
in good repair, a fuitable pier, or wharf, upon each fide of 
faid bridge, and adjoining the draw, fufficient for veffels to 
lie at ; and the faid draw (hall be lifted for all veflels, 
without toll or pay, except for boats or veflels pafling for 
pleafure ; and all veflels, intending to pafs faid draw, ftiall 
be free of charge at the wharf, or pier, until a fuitable time 
fliall ofler for palflng the fame : the paifage-way for veflels, 
through laid bridge, fliall be lined, from low water mark 
to the top, with plank, two and an half inches thick : Pro^ Provuo. 
'uided, the town of Falmouth ftiall not be at any expenfe in 
making and completing any road or highway, leading from 
Back Cove Bridge, to Martin's Point, nor in making and 
completing any new road or highway, leading from the 
bridge, on the eafl:erly fide of faid river, unto the place 
where it fliall fl:rike the prefent travelling road ; and that 
the proprietors ftiall have one arch in laid bridge, near 
Martin's Point, for the convenience of rafts, pafling through 
the fame, at leaft forty feet in width. 

[This ad pafled fVZ'. 27, 1807.] 



CHAP. XC\TII. 

An a(^, in further addition to an ad, entitled An ad to in- 
corporate a part of the counties of York and Cumber- 
land, into a feparate county by the name of Oxford. 

VV HEREAS, no proviflon is made by law to em- preamble, 
power the Supreme Judicial Court, holden according to 
law, in the county of Cumberland, to take original cog- 
nizance in cafes civil or criminal ; or original, or appallate 
cognizances in probate caufes, ariflng in the county of 
Oxford ; 

Sect. 1. BE it therefore enadled hy the Senate and Hovje 
of Reprefentatives^ in General Court affemhWd^ and by the 
auihority ofihefame^ That from and after the pafling of this 
acl, the Supreme Judicial Court, to be holden in the coun- J^Sn'inVum:' 
ty of Cumberland, fliall be holden for the counties of Cum- bcriandand ox- 
berland and Oxford, and fliall from time to time have the '"'"^' 

fame 



13* 



SALT MARSH. 



Feb, 28, An. 1 80*7. 



Condui5lIng 
appeil:. 



of 



fame jurifdiclion, power an.d authority for the trial of all 
actions, civil and criminal, the caui'e whereof has arifen or 
Ihiill iirife within the body of the county of Oxford, and 
to hear and determine all other ujatters and things ariien, 
or which fhall arife within the body of the faid county of 
Oxford, and Ihall have the fame juriidiclion of all matters, 
criminal, civil, and mixed, arifen or which fliall arife in faid 
county of Oxford, as if the fame actions, matters, and things, 
had arifen within the body of the faid county of Cumber- 
land. 

Sect. 2. And be it further enacted^ That all appeals which 
})ave already been claimed according to law, or which may 
hereafter be claimed from the decrees and orders of the 
judge of Probate, for the county of Oxford, Ihall, and may 
be heard and determined at the Supreme Judicial Court, 
to be holden in the faid county of Cumberland, in the fame 
way and manner, as appeals from the orders and decrees of 
the Judge of Probate for the county of Cumberland, may 
be heard and determined, 

[This ad paffed February 27, 1807.] 



I^rfcns iiicor- 



iwUiiucr of call 

;»g Meetings. 



CHAR XCIX. , 

An ad to incorporate the proprietors of Salt Marlh, on 
Cart-Creek, in Newbury, to make and maintain a Dyke, 
for the better improving the fame. 

Sect. 1. ijE // enabled by the Senate and Houfe of Re^re^ 
fentatives^ in General Court ajfembled^ and by the authority of 
the fame^ That from and after the pafiing of this act, John 
Noyes, Caleb Titcomb, Ifaiah Rogers, Jofiah Adams, Ste- 
phen Adams, John Longfellow, Simon Thurla, Jlnoch Lit- 
tle, and Simeon Titcomb, their heirs and alligns, proprie- 
tors of the greater part of a tracl: of Salt Marfh, fituate on 
Cart-Creek, in Newbury, in the county of Efl'ex, be, and 
hereby are incorporatecl, with all the powers and privileges 
incident to fnuilar corporations. 

Sect. 2, And he it further enaBed^ That the manner of 
calling meetings of the faid proprietors, fhall be by an ap- 
plication, in writing, from three or more of fiid proprie- 
tors, to any Juftice of the Peace, in the county of Eflex, 
who is hereby empowered and directed to ifl'ue his warrant 
to one of faid proprietors, to meet at fuch time and place 
as he fliall think mofl convenicntj and for the purpofes to 

be 



SALT MARSH. Feb. 28, An. 1807. 135 

be exprefled in faid warrant ; and copies of faid warrant, 
with the notification thereon, fliall be polled up at two or 
more houfes of public worfliip, in faid Newbury, and one 
or more lioufes of public worihip in each town where any 
of the proprietors of faid Marih may dwell, ten days at 
leaft, before the time of holding faid meetings ; and the 
faid proprietors, or the major part of fuch of them as fliall 
be alTembled at any legal meeting, called as aforefaid, fliall 
have power to choofe a clerk, committee, afl'eirors, col- 
lector or collectors of taxes, and a treafurer, all of which 
officers fliall be fworn to the faithful difcharge of the truft Power of the 
repofed in them, and continue to fcrve until others are c'^^ro^^Bon. 
chofen and fworn in their place, which may be annually, or 
as often as occafion may require, which officers, fo chofen 
and fworn, fliall have rhe fame power to perform, execute, 
and carry any legal vote, or order, of fiid corporation, 
into as full effect, as town officers of lik^ defcription have, 
by law, to do and perform. And the faid corporation 
fliall have power to erect and make a Dike, and Dam, of 
fufficient heighth and width, acrofs faid Cart-Creek, in or 
near the fame place where a Dike, or Dam, was formerly 
made, fo far as a Dike or Dam, may be found neceffiiry ; 
and to erect 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 neceffary ; and at a legal meeting, 
called as aforefaid, for that pnrpofe, may vote and raife 
monies to defray the neceltiry expenfes of fuch Dike, 
Dam, and Fence, and keeping the fame in repair ; and to 
pay all other expenfes which fliall be found neceffary for 
the better management thereof, and for carrying the votes 
and orders of faid corporation into effect ; and all monies, 
raifed as aforefaid, fliall be afl'eff'ed upon each of the afore- Affeflment?. 
named proprietors, and their heirs and affigns, of the Marfh 
aforefaid, by them owned, in proportion to the number of 
acres he or flie may own ; and if any proprietor aforefaid, 
fhall refufe or reglect to pay the fum, or fums, affefled upon 
him or her, as aforefaid, after fixty days notice, fo much of 
his or her Marfli fliall be fold, at public vendue, as will be Property of d*^ 
fufficient to pay the fame, with coils ; notice of fuch fale ['""i"^"^* °'*''' 
to be given, by pofting up advertifements thereof, at one 
or more houfes of public worfliip, in tile town or towns 
where fuch delinquent proprietors dwell, three weeks prior 
to the time of fale, with the names of the proprietors, the 
amount of the taxes afffeffl^d on their Marfh, rcfpecTiively, 
and alfo the time and place of fale j and if no perfon fhall 

appear 



DIXMONT. Feb. 28, An. 1807. 

appear thereupon to difcharge the faid taxes, and all ncccf- 
fary intervening charges, then the coUedor fliall proceed 
to fell at auction, to the highefl bidder, fo much only oi 
laid Mar{h, as fhall be fufficient to difcharge faid taxes, and 
the neceffary intervening charges, and fhall give and exe- 
cute a deed or deeds, to the purchafer or purchafers, his 
or her heirs or afligns, exprelling therein the caufe of fuch 
Previfo. fale : Provided^ that Samuel Thurla, ftiail not be holden to 

pay any part or portion of the expcnfe of electing and 
maintaining faid Dike, Dam, or Fence, on account of any 
Marfli which he now owns, above the place where faid 
Dike or Dam is to be erected, nor any other perfon or 
perfons, who may be heirs or afligns of Sam^uel Thurla, of 
laid Marfli, now owned by him, for or on account of the 
fame. 
o%TOersheid to Skct. 3. Be it further enacted^ That the faid John Noyes, 
make good any Caleb Titcomb, Ifaiah Rogers, Joiiah Adams, Stephen 
.amage. Adams, Johu Longfellow, Simon Thurla, Enoch Little, and 

Simeon Titcomb, and their heirs and alHgns, of faid Marfh, 
by them refpedtively owned, Ihall be holden to make good 
all damage, if any, which the faid Samuel Thurla, or his 
heirs or afligns of faid Marfh, owned by faid Thurla, may 
fuffer in faid Marfh, by the erection of faid Dike, Dam, or 
Fence ; which damage, if any, Ihall be afcertained by a com- 
mittee, to be appointed by the Court of Common Pleas, for 
the county of Elfex, on application of faid Thurla, his heirs 
or alTigns, at any time within five years from the eredion 
of faid Dike, Dam, or Fence. 

[This acT pafTed February 28, 1807.] 



CHAP. C. 

An a6l to incorporate the townfhip, numbered Three, in 
the firft range, north of the Waldo Patent, (commonly 
called the College Townfhip,) in the county of Hancock, 
into a town, by the name of Dixmont. 

Sect. 1. Be // enacted by the Seftate and Hoi/fe ofRepre- 
fentatives^ in General Court ajfembled^ and by the authority of 
Dixmont in- the fame. That the townfhip, numbered Three, in the lirft 
rprporated. range of townfhips north of the Waldo Patent, (commonly 
called the College Townfhip,) in the county of Hancock, 
as defcribed within the following boundaries, with the in- 
habitants thereon, be, and hereby are incorporated into a 

town. 



TURNPIKE. Feb, 28, An. 1807. ]3' 

town, by the name of DIxmont, viz : — Beginning at the Boundaries, 
ibuth-weft corner of the faid townfhip number Three ; 
thence from faid corner north, on the dividing line, be- 
tween the faid townftiips, number Three, in the firil range, 
and number Four, in the fccond range, to the north-eaft 
corner of faid townftiip, number Three ; thence fouth, on 
the dividing line, between faid number Three and number 
Two, to the north line of the Waldo Patent ; thence wefter- 
ly on and by faid Une, to the bounds firft mentioned, being 
the lame townfhip which was originally granted by Govern- 
ment to Bowdoin Collesfe. And the faid town m Dix- 
mont, is hereby vefled with all the powers and privileges, 
and fhall alfo be fubjecl; to all the duties and requifitions, to 
which other towns are entitled or fubjecled, by the Con- 
flitution and Laws of this Commonwealth. 

Sect. 2. And be it further enacted. That any Juflice of JuOlce to i^lie 
the Peace, for the county of Hancock, is hereby authorized ^^*"*"^ 
to iffue a warrant, directed to fome inhabitant of the faid 
town of Dixmont, requiring him to notify and warn the 
inhabitants thereof, to meet at fuch convenient time and 
place, as fhall be appointed in faid warrant, for the choice 
of fuch oflicers, as towns are by law required to choofe, at 
their annual town meetings. 

[This ad palTed February 28, 180?.] 



CHAP. CI. 

An aft to eftablifh the Stockbridge Turnpike. 

Jl>E // enacted by the Senate and Houfe of Repre- 
fentatives, in General Court ajfembled, and by the authority of 
the fame ^ That Elifha Andrews, Ethel Burch, Dan Chappel, 
Samuel Clark, Samuel Clark, jun. Stephen Comflock, 
Daniel Curtis, Benjamin DrefTer, Ezra Dreffer, James 
Dreffer, John Dreiler, Daniel Dryer, John Dryer, Ezekiel 
Grifwold, Benjamin Hatch, EH Hatch, Eliflia Hooper, Elifha 
Hooper, jun. Loam mi Mott, John Newell, Grove Pomeroy, 
Oliver Ruggles, Jofeph Seely, Enoch W. Thayer, and Wil- 
liam Thompion, together with fuch others, as already have, 
or may liereafter alTodatc with them, their fuccelfors and 
afUgns, be, and they hereby are made a corporation, by the 
name of" The Stockbridge Turnpike Corporation," for the 
purpofe of locating, making, and keeping in good repair, a 
turnpike road, through the town of Stockbridge, fo as to 
S Hand 



i^S GUARDIANS. Feb. 28, An. ISO?. 

ftand connededwith " The Houfatonuck River Turnpike," 
and " The Fifteenth Maflachufetts Turnpike," and for this 
purpofe, fliall have all the powers and privileges, and fliall 
alfo be fubjed: to all the duties, requirements, and penalties, 
prefcribed and contained in an acl, entitled, " An acb defin- 
ing the general powers and duties of turnpike corpora- 
tions ;" palled the fixteenth day of March, in the year of 
our Lord one thoufand eight hundred and five. 
[This aa palled February 28, 180?.] 



CHAP. CII. 

An a<^ enlarging the powers and duties of the Guardians^ 
of perfons, who fpend or wafte their eftates, by excefilve 
drinking, idlenefs, gaming or debauchery. 

JljE it enabled by the Sejtate and Houfe of Repre*- 
fentatives, in General Court ajfembled^ and by the authority of the 
fame^ That the Guardian or Guardians of any perfon or 
perfons, who have or fhall, fpend or wafte their eftates, by 
exceffive drinking, gaming, idlenefs or debauchery, are 
hereby authorized and enjoined to pay the debts of fuch 
perfon or perfons, and to provide for their maintenance, 
and the fupport of their families, out of their real eftate 
when their perfonal eftate ftiail be infufiicient ; and for thefe 
purpofes may fell fo much of the real eftate of their wards, 
as fhall be necelTary therefor, in the way and manner, and 
under the conditions, reftriclions, and limitations under 
which executors and adminiftrators are empowered to fell 
the eftate of deceafed perfons ; fuch Guardians firft obtain- 
ing a licenfe therefor, from the Supreme Judicial Court, or 
from the Court of Common Pleas, of the county where the 
real eftate fhall be, who are hereby refpeclively empowered 
i^y'iisi, to grant the fame ; Provided however, that no fuch licenfe 

be granted, unlefs the perfon applying for the fame, fliall 
produce to the court a certificate under the hands of the 
overfeers of the poor of the town in which faid idle, gam- 
ing perfon has gained a legal refidence, purporting their 
confent and approbation to the fale of fuch proportion of 
the real eftate of fuch perfon, as fuch overfeer fliall be fatif- 
fied is juft and equitable to difcharge the bona fide debts of 
£uch idle perfon, excluding all debts contracted by gaming. 
[This ac1: paffed February 28, 180?.] 

CHAP. 



MILITARY—COURTS— TURNP. Feb. 28, An. 1807. 139 

CHAP. cm. 

An act, making further exemptions from military duties. 

I3E // enacted by the Senate and Houfe of Repre- 
fentatives, in General Court ajfemblcd, and by the authority of 
the fame. That from and after the pafling of tliis acl, all filh- 
ermen actually fliipped and employed on board of any fhip 
or veffel of more than ten tons burthen, fhall be exempted 
from doing military duty, during the time they are actual- 
ly Ihipped and employed as aforefaid : Provided however, ^ .^ 
tliat they fliali be held to produce, to the commanding offi- "^^ 
cer of the company to which they belong, within"^eight 
days after any mufter, training, view of arms, or other du- 
ty, a certificate figned by the owner of fuch veffel, that at 
the time of their being warned, and time of training, they 
were actually ihipped and employed as aforefaid. 
[This acl paffed Feb. 28, 180?.] 

CHAP. CIV. 

An acl, providing an additional term of the Court of Com- 
mon Pleas, and General Sellions of the Peace, in the 
County of Wafhington. 

Sect. 1. DE it enacted by the Senate and Houfe of Rep- , 

refentatives, in General Court ajembled, and by the authority 
of the fame. That there Ihall be holden at Machias, in the 
county of Waftiington, a term of the Court of Common 
Pleas, and General Seflions of the Peace, on the third Tuef- 
day of March, annually, until the General Court Ihall otL- 
erwife order. 

Sect. 2. Be it further enacted. That this ad fliall tak? 
effecT; on the twentieth day of Auguil next! 

[This ad palled Feb. 28, 1 807.] 



CHAP. CV. 

An act to eftablifli the Sheffield and Great Barrington 

Turnpike. 

JjE it enacted by the Senate and Houfe of Rep- 
refentatives, in General Court afcmbled, and by the authority 
A ,->?^''^' '^^^^ Thomas Allen, Timothy Arnold, Fenner Perfons inc<jt- 
Arnold, Ifaac Baldwin, John Burghardt, the third, Aflibei P^''^^^*^- 
Cone, Henry Covel, John Ford, Jofeph Qibfon, Ezekiel 

Crifwold, 



U(> TURNPIKE— BATHING HOUSE. Feb. 28, An. ISOT. 

Grifwold, Martin Hart, Andrew Hollenback, Ifaac Leaven- 
worth, David Leavenworth, Nathaniel Lewis, Charles Love- 
land, Miles Morgan, Grove Pomeroy, Samuel Riley, Sam- 
uel Railetter, Stephen Libley, Ifaac Seely, John Seely, Enoch 
Williams Thayer, John Tucker, Jabez Turner, John Van-. 
dufen, Charles Whiting, and John Whiting, together witl^ 
fuch others as may hereafter ailociate with them, and their 
fucceflbrs and ailigns, be, and they are hereby made a cor- 
poration, by the name of the Sheffield and Great Barrington 
Turnpike Corporation, for the purpofe of laying out, mak- 
ing and keeping in good repair, a turnpike road through 
the towns of Sheffield, Great Barrington, and Weft Stock- 
bridge, viz. Beginning at the fouth line of this common- 
wealth, in the town of Sheffield, or at the Hartford and 
Hudfon turnpike, near the dwelling houfe of captain Uziel 
Clark ; thence to extend in a northerly direction, through 
the eallerly part of faid town, and croffing the Haufaton- 
ock river ; thence on the fouth fide of the dwelling houfe 
of Truman Wheeler, in Great Barrington ; thence north- 
erly, through the faid town of Great Barrington, and 
into the town of Weft Stockbridge, near the dwelling 
lioufe of John Brown, and until the fame (hall interfecl a 
turnpike road, laid out and eftabliftied near the dwelling 
houfe of Grove Pomeroy, innholder, in faid Weft Stock- 
bridge ; and for this purpofe fhall have all the powers 
and privileges, and fliall alfo be fubject to all the duties, re- 
quirements, and penalties, prefcribed and contained in 
an acl, entitled An acl, defining the general powers and 
duties of turnpike corporations, paffed the fixteenth day 
of March, in the year of our Lord, one thoufand eight 
hundred and five. 

[This ad paffed Feb. 28, I8O7.] 



CHAP. CVI. 

An acl, extending the time, in certain cafes, that goods 
and eftates attached upon mefne procefies, for the fecu-. 
rity of the debt, or damage fued for, fliall be held. 

W HEREAS, by the arrangement of the M- 
fions of the Supreme Judicial Court of this commonwealth, 
Ppeamtic. jt may be that execution cannot be levied on goods and ef- 
tates attached on the illand of Nantucket, witlhin the time 

limited 



BATHING HOUSE COR. F^^. 28, An. 1807. 14 

limited by law, and thereby a judgment creditor may (uffei' 
great lofs ; to remedy which, 

BE it enacted by the Senate and Houfe of Reprefentatives^ 
in General Court ajfemhled^ and by the authority of the fame^ 
That all attachments of goods and eftates, made on the ifl- 
and of Nantucket, to fatisfy a judgment obtained on mefne 
procefs, Ihall be held for the fpace of fixty days after final 
judgment, to be taken in execution, any law, ufage, or cus- 
tom, to the contrary notwithftanding. 

[This ad pafled Feb. 28, 1807.] 



Perfons ancor 



CHAP. CVII. 

An a6l: to incorporate the Proprietors of a Public Bathing 
Houfe in Newburyport. 

Sect. 1. ijE it enacted by the Senate and Houfe of Repre- 
fentatives, in General Court ajjembled^ and by the authority of the pomed/ 
jame^ That Edward St. Loe Livermore, Jonathan Gage, 
Stephen Howard, and William Woart, and all fuch perfons 
as are or may be affociated with them, for the purpofe of 
erecting and keeping a Bathing Houfe, in Newburyport, 
and their fucceflbrs, ftiall be, and they hereby are made a 
corporation, by the name of the Proprietors of a Bathing 
Houfe in Newburyport ; and by that name may fue and , 

irij 1 rij L 1 Common feal 

be lued, and may have a common leal, and may nave and 
enjoy all the privileges and powers, which are by law inci- 
dent and neceflary to a corporation for the purpofe of 
keeping, ufmg and improving, a public building or build- 
ings, with all neceflary and convenient appurtenances, for 
Bathing. 

■ Sect. 2, And he it further enacted^ That Edward St. chokeofoffi 
Loe Livermore, Stephen Howard, and William Woart, or fers. , 

any one of thern, may, by an advertifement in a newfpaper, 
printed in Newburyport, call a meeting of faid propria- ' 

tors, to be held at any fuitable time and place, after ten 
days notice ; and the faid proprietors, by the vote of a 
major part of thofe prefent, or reprefented at faid meeting, 
may choofe a clerk, treafurer, and three or five direclors, 
as may then be agreed on, one of whom fhall be elected 
prefident by faid direclors, and may veft in them fucli 
powers as they may deem neceflary, and may determine 
how often, and in what manner, and at what time, faid of- 
§cers fhajl be chofen, and in what manner future meetings 

(hall 



42 BATHING HOUSE COR. Feb. 28, An. 1807, 

fhall be called and held, and make fuch rules and regula- 
tions as may be judged neceflary and not repugnant to the 
conftitution and lav/s of this commonwealth ^ or of the Unit- 
ed ''tates. 
klid'J^relbte Sect. 3. And he it further enacted^ That the faid cor- 
poration be, and the fame is authorized and empowered, to 
purchafe and hold real eilate to the value of twenty thou- 
fand dollars ; and that the whole intereil Ihall be divided 
into one hundred Iharcs, which ihares fhall be deemed and 
confidered to all intents and purpofes as perfonal property, 
and the ownerihip theret)f fhall be evidenced by a certifi- 
cate ligned by the prelident, and counterfigned by the 
clerk, and fealed with the common feal ; and fuch ihares 
fhall be transferable by the owners perfonally, or by attor- 
ney, upon the books to be kept by the clerk for that pur- 
pofe ; and fuch owner, upon* making fuch transfer, ftiall 
deliver up his certificate to the clerk to be cancelled, 
Iharesmayte Sect. 4. Be it further enacted^ That the property of 
Cached. evcry individual member in faid corporation, veiled there- 
in, fhall be liable to attachment, and to the payment and fat- 
isfaclion of his juft debts, to any of his bona fide creditors, 
in manner following, viz. In addition to the fummons, by 
law prefcribed to be left with the debtor, a like fummons 
Ihall be left with the clerk of faid corporation j and the 
debtor's fhares or ihare therein, together with any intereft, 
profits or rents of any kind, due or growing due thereon^ 
fhall be held to refpond faid fuit according to law ; and all 
transfers of the debtor's Ihares, not noted in the clerk's, 
books previous to the delivery of fuch fummons, Ihall bs 
barred thereby ; and execution may be levied upon the 
property of any member of faid corporation, and his fhares 
therein be expofed to file in the fame way and manner as 
is by law provided, where perfonal property or eftate is tak- 
en in execution ; and it Ihall be the duty of the officer who 
extends fuch execution, to leave an attefted copy thereof, 
with his doings thereon, with the clerk of faid corporation, 
and the purchafer ihall thereupon be entitled to all divi- 
dends and ilock, and to the {iime privileges as a member of 
faid corporation, that the debtor was previoufly entitled 
to J and upon attachmicnt being made, or execution levied 
iSnioedJ ^ on any iliares in faid corporation, it iliall be the duty of the 
clerk to expofe the books of faid corporation to the officer, 
and to furnifli him with a certificate under his hand, in his 
official capacitv, afcertainin^ the number ot fliares the debt- 



METHODIST SOCIETY. FeB. 28, An. 1807- 14: 

or holds in faid corporation, and the amount of the divi- 
dend, if any thereon due. 

[This ad paffed February 28, 1807.] 



CHAP. CVIII. 

An ad to incorporate a number of the inhabitants of the 
town of Cape Elizabeth, in the County of Cumberland, 
by the name of the Methodift Society, in Cape Elizabeth! 

Sect, I. 'Be it enacted by the Senate and Houfi of Rep- 
refentatives, in General Court qfembled, and by the authority of 
ihefa?ne. That Samuel Brooks, Jofeph Brown, William ^""'^"^^ '''>^- 
Cummings, jun. George Deake, John Duren, Samuel Dun, ^'^'^" 
Reuben Dyer, Reuben Dyer, 3d, Ezekiel Dyer, David Dy- 
er, WiUiam Dyer, Edward Dyer, James Dyer, John Foo-^ 
Benjamin Fickett, Samuel Fickett, John Fickett, jun, Jolm 
Fickett, 3d, WiUiam Fickett, jun. Jofliua Gammon, Micah 
Higgms, Samuel Higgins, Samuel iohnfon, Solomon Jor- 
dan, John Jordan, Jonathan Larrabee, jun. James Maxwell, 
Thomas Maxwell, Jeremiah Mitchell, Ebenezer Parker, 
Stephen Randall, Stephen Robinfon, Nathaniel Sawyer' 
James Sawyer, Benjamin Stanford, Jeremiah Stanford, 
Charles Staple, Theophilus Thomas, Ebenezer Webfter, 
and Nathaniel Webfler, with their families, and eftates, to! 
gether with fuch others as have or may hereafter affociate 
with them, and their fuccelfors, be, and they are herebv 
incorporated into a feparate religious fociety, by the name 
of the Methodift Society in Cape Elizabeth, with all the 
powers and privileges to which other parifhes are enti- 
tled, by the conftitution and laws of this commonwealth : 
Provided however, that all fuch perfons lliall be holden to Provife 
pay their proportion of all monies, legally affefled, for pa- 
rochial purpofes, in the parifh to which he or ihe former- 
ly belonged. 

Sect. 2. Be it further enacted. That any perfon be- 
longing to any other religious fociety, in the faid town of 
Cape Ehzabeth, who may defire to join the faid Methodift ' 

iociety, and who fhall, at any time within one year from 
the pa fting of this ad, declare fuch intention, in writin^r, Members to ob- 
dehvered to tlie town clerk, or to the clerk of fuch other f^'"^^""^<:^t«^- 
religious fociety, and Ihall produce a certificate, ficrned by 
the mimfter or clerk of the faid Methodift fociety, that he 
or ihe has actually become a member of, and united in rcli- 

gfious 



44r 



BRIDGE. 



Feb. 28, An. 1807. 



gious worflilp, with the (aid Methodift Society, fuch perfon 
fhall, from the date of fuch certificate, be confidered, with 
his or her polls and eftate, as a member of faid fociety. 

j Sect. 3. Be it further enacted. That vv^hen any member 

of the faid Methodift Society, ihall fee caufe to leave the 
fame, and to unite with any other religious fociety, in faid 

Members leav- town of Cape Elizabeth, and fliall give notice of fuch in- 

ing, to give no- tention, to the Minifter or Clerk of the faid Methodift So- 
ciety, and fliall alfo give in his or her name to the Minifter 
or Clerk of fuch other fociety, fifteen days, at leaft, previ- 
ous to its annual meeting, fuch perion fhall, from the date 
of fuch certificate, with his or her polls and eftate, be con- 
fidered a member of faid fociety : Provided however, that 
in every fuch cafe, fuch perfon fhall be held to pay his or 
her proportion of all parochial expenfes, incurred previous 
to the leaving faid fociety. 

Sect. 4. Be it further enacted. That any Juftice of the 
Peace, for the county of Cumberland, upon application 

Juftice to iiTne therefor, is hereby authorized to iflue a warrant, directed 
to fome member of the faid Methodift Society, requiring 
him to notify and warn the members thereof, to meet at 
fuch time and place, as fhall be appointed in faid warrant, 
for the choice of fuch officers as Parifhes are by law em- 
powered to choofe at their annual Parifh Meetings. 
[This ad pafTed February 28, 1 807.] 



\varrant. 



CHAP. CIX. 

An a6t for incorporating Royal Brewfter and others, in 
the county of York, for the purpofe of erecting and fup- 
porting a bridge, over Saco River, at a place called the 
Bar-Mills. 

Sect. 1. ijE it enabled by the Senate and Hoiife of Rcpre- 
fentatives, in General Court ajjhnbled, and by the authority of the 
Perfons incor- fame. That Royal Brewfter, John Smith, and Paul Wood- 
porated. man, and fuch other perfons as have already, or may here- 

after affociate with them, be, and they hereby are con- 
ftituted a corporation, for the purpofe aforefaid, by the 
name of " The Bar-Mill Proprietors,'* and under that namft. 
may enjoy all the rights, privileges, and immunities, inci- 
dental to fuch corporations in this Commonwealth ; and 
the faid Royal Brewfter, or any otlier principal proprietor, 
•may call a meeting of faid proprietors, at any reafonable 

time, 



BRIDGE. ■ F^'^. 28, An. 1807. M 

time, after the pafllng this a(5l, by pofting up notifications 
ot" fuch inccting, in the towns of Buxton and Phillips- 
burgh, for th;it purpofe, to be holden, not lefs than fevcn 
days after fuch notice Ihall be publifhed ; and faid proprie- 
tors m:iy then choofe a clerk, who fliall be fworn to the choice of off.- 
faithful performance of his duty, and may choofe all cither ^^'^' 
Tieceiiary olllcers, and make fuch rules and regulations as 
they may judge proper, not repugnant to the laws of this 
Commonwealth. 

Sect. 2. ^nci le it further enacted. That the faid proprie- 
tors be, and they are hereby e:.ipowered to build and fup- 
port the bridge aforefaid, from or near the Bar-Mills, in 
Philipiburgh, acrofs Saco river, to a place called Lane's 
Eddy, in Buxton, in the county of York, and the fame 
Ihall always be kept in good repair, and be fafe and conven- ^^.j^^^ j,, ,,^ 
lent for paifengers, and Oiall not be lefs than twenty-two kept ui ic'^tx; 
feet in width, covered with good plank, and fecured with 
fuflicient railing, and fo conflrucled as not to obllrucf the 
logs and other timber, corxiing down the river, paffing 
under the fame. 

Sf.ct. S. And he it further enaded. That for reimburiing 
to faid proprietors the money by them expended, or to be 
expended, in building and fupporting faid bridge, a toll be, ^"H- 
and hereby is granted and eitabliihed, for the benefit of 
iliid proprietors, according to the rates following, viz ; — For 
each man and horfe, t^uo cents ; for each cart, iied, or pair 
of wheels, drawn by two oxen, four cents ; for each cart, 
fled, or pair of wheels, drawn by four oxen, fix cents ; for 
each cart, fled, or pair of wheels, drawn by fix oxen, eight 
cents ; for each cart, fled, or pair of wheels, drawn by eio-ht 
oxen, ten cents ; for each wheel carriage, fled or fleigh, 
drawn by one horfe, four cents ; for each wheel carriage, 
fled or fleigh, drawn by two hordes, fix ce?2ts ; for cattle, or 
horfes, two cents each ; for flieep and fwine, four cents per 
•dozen ; and at all times when the toll-gatherer fhall not 
attend his duty herein, the gate or gates fliafl be kept open j 
and the faid toll fhall commence from and after a com- 
mittee of the Court of General Sefiions of the Peace for 
the county of York, (who may be appointed for that pur- 
pofe) fiiall adjudge the fiiid Bridge is completed, conform- 
able to the provifions in this acf, and not otherwife. 

[This ad pafled February 28, 1807-] * 

CHAP. 



PARTITION OF ESTATE. Feb. 28, An. 1807- 

CHAP. ex. 

An aa for civins cffeA to the partition of certain real 
eftate whfreot^Jolm Innis Clark, and Joleph N.glmn- 
gale, wire ibized, at the time of the deceafe of the faid 
Nightingale. 

Whereas, John Innis Clark, of Providence, 

K, in the county of Providence, and State of Rhode-inand and 

■-'"• p"ovfdence Plantations, Efquire, and .iofeph N.ghn^gale, 

mon and one of faid partners was iole feized in truit tor 
Te ufe and benefit of both. . And '^}-:^lf^\^^^^^'f^^ 
and Elizabeth Nighti..gale, wtdow of the fa«l ^-^f^^l 
all the children and heirs of the faid Joieph, i^ave repre 
fpn ted tha' it is imprafticable to make a partition of faid 
Clt';foVmable^o the laws of the f^^^^^^^ 
the particular parcels thereof, within- ^^"^/^^JXvCe 

^n;felr'of:urr^^^^^^ 

Ifland/ndProvidene Plantations, at a feffion begun and 

cuate, \wi deceafe of faid Nightin- 

were P^^*^''^^' ^Va tl" who e of faid eftates are defcribed 

P^Jr " -vLt the feveral parcels of land, and the tene- 

^,co^^of,hefim, ^^^J^l^^; jPfcribed and fet forth in the 

merits and lieieaiiauit:iiL&, « ^,. . as Ivinff within 

though the fame had been afllgned and let -o him^ny^^^^ 



INSURANCE COM. COR. Feb. 28, An. 1807. 14' 

rc<nilar proceedings of any Judicial Court of this Common- 



wealth. 



Sect. 2, Jnd he it further cna^cd. That the feveral par- Eftates ftpgnec 
eels of land, and the tenements and hereditaments, in the ^^^^'^^hUdrertc 
a<5l af »reUid, defcribed as being within the Commonwealth ved in them' 
of Malfichafetts, and affigned to the faid Elizabeth Night- feveraiiy. 
iniijale, and to the children and heirs of the faid Jolep^ 
Nightingale, (hnll veft in them federally, by the refpeclive 
tenures defcribed in f4d ad of partition, and in as full a 
manner, as though the fame had been alligned and fet to 
them by the regular proceedings of any Judicial Court of 
this Commonwealth. Provided always, that this acV Ihall Pfo^'*""^ 
not have force until a copy of the aforefaid ad: of the State 
of Rhode-Ifland, duly authenticated, and ^ttefted by the 
Governor of faid State, fliall be filed in the office of the Se- 
cretary of this Commonwealth, and if the States of Con- 
necticut, New-Hampfhire, New- York, Vermont, and Ohio, 
fliaii not, within two years, from the paffing of this ad, 
pafs acts for the eftablifliment of the partition aforefaid, as 
the fame refpeds the premifes, within their refpedive jurif- 
didions, the fame fhall be null and void. 

[This ad paiTed February 28, 1807.] 



CHAP. CXI. 

An ad to incorporate Ifaac Warren, and others, into a 
company, by the name of the Middlefex Infurance Com- 
pany. 

Sect. 1. ijE it enaCied by the Senate and Hoiife of Repre- 
fentatives, in General Court ajfembled, and by the authority of 
the fame. That the faid Ifaac Warren, and all fuch perfons, . 

citizens of the United States, as have already, or Ihall here- porated. 
after become ftockholders, in faid company, be, and are i 

hereby incorporated into a company, and body politic, by 
the name of the Middlefex Infurance Company, for and 
during the term of twenty-five years, after the paffing of 
this ad; and by that name may fue or be fued, plead or 
be impleaded, appear, profecute, and defend, to final judg- 
ment and execution ; and have a common feal, which they 
may alter at pleafure, and may purchafe, hold or convey, 
any eftate, real or perfonal, for the ufe of faid company, 
fubjed to the reftridions hereinafter mentioned. 

3ect, 



;ti INSURANCE COM. COR. Feb. 28, An. 1807. 

StiCT. 2. And be it further enacted. That the capital flock 
of faid company ihall be divided into ihares of one hundred, 
dollars each, which fliaU be paid into the faid company in 
the manner hereinafter provided ; and the whole number 

! of iliares, fliall be one thoufand ; and the whole capital 

apital limited, ftock, ellate, and property, wliich the faid company Ihall be 
authorized to hold, ihall never exceed one hundred thoufand 
dollars, exclufive of premium notes and profits, arifmg from 
the bufmefs of faid company, and twenty thoufand dollars^ 
which faid company are authorized to inveft in real eftate, 
and not more than thirty thoufand dollars of faid capital 
ftock, Ihall at any one time be invefted in real eftate. 

Sect. 3. And he it further enaded. That the ftock, pro- 
perty, affiiirs, and concerns of faid company, ftiali be manag- 
ed ai id conducted by feven Direftors, one of whom iliall 

offr* ^° ^^ ^^ Prefident thereof, v^rho ftiall hold their offices for one 
year, and until others are chofen, and no longer ; and v/ho 

\ fliall, at the time of their elections, be ftockholders in faid 

company, and citizens of this Commonwealth ; and fliall 
be elected on the hrft Monday in May, in each and every 
year, at fuch time of the day, and at fucb place, in the town 
of Charleftown, as a majority of the directors, for the time 
being, fliall appoint ; of which election, notice fliall be 
given, in at leaft two of the newfpapers, printed in the 
town of Bofton, and cojitinued for the fpace of ten days, 
im.mediately preceding fuch election ; and the cleftion fliall 
be holden under the infpedion of three of the ftockholders, 
not being Directors, to be appointed previous to every 
election, by the Directors ; and the election fliall be made 
by ballot, by a majority of the votes of the ftockholders 
prefent, allowing one vote to each fliare in the capiti^l ftock, 
Triib. Provided, that no ftockholder fliall be allowed more than 

ten votes ; and the ftockholders, not prefent, may vote by 
proxy, under fuch regulations as the company fliall pre- 
fcribe. And if through any unavoidable accident, the faid 
Directors fliould not be chofen on the hrft Monday of May, 
as aforefaid, it fliall be lawful to choofe them on any other 
day, in the manner herein prefcril^ed. 

Sect. 4. And he it fun her ena.Bed; That the Directors, 
when chofen, fliall meet as foon as may be, after every 
election, and fliall choofe, our of their own body, one per- 
uienttobe fon, to be prefldcnt, w^ho fliall be fworn faithfully to dif- 
''''• charge the duties of his office, and who fliall preflde for 

oriC year ; and m cafe of the death, refignation, or inability 
to ferve, of the Frefident, or any Director, luch vacancy or 

* vacancies^ 



)bc 



INSURANCE COM. COR. Feb. 28, An. 1807. ]41> 

vacancies, (hall, be filled, for the remainder of the year, in 
which they happen, by a fpecial election for that purpofe, 
U) be held in the lame manner as hereinbefore directed, 
rcli^e<5ting annual elections of directors. 

SEciT. 5. And be it further enacted^ That the prefident, 
:^nd three of the directors, or four of the directors, in the 
abi'ence of the prefident, Ihall be a board, competent for the 
tranfaction of bufinefs ; and all ciueliions before them, fhall 2ldc!^ 
be decided by a majority of votes ; and they fliall have pow- 
er to make and prefcribe fuch by-laws, rules and regula- 
tions, as to them ihall appear needful and proper, touching 
the management and dilpofition of the ilock, property, ef- 
tate and elfects of faid company, and the transfer of the 
fhares, and touching the duties and conduct of the feveral 
otlicers, clerks, and fervants, employed, and the eleftion of 
directors, and all fuch matters as appertain to the bufmefs 
of infurance j and fliall alfo have power to appoint a fecre- 
tary, and fo many clerks and fervants, for carrying on faid 
bufmefs, and with fuch lalaries and allowances to them, and 
to the prefident, as to faid board Ihall feem meet : Pro- Provifo. 
fvidcd^ that fuch by-laws, rules and regulations, fhall not 
be repugnant to the conititution or laws of this common- 
wealth. 

Sect. 6. And he it further enacted^ That there fliall 
be fliated meetings of the directors, at lead once in every 
month, and as often within every month, as the prefident 
and directors fhall deem proper ; and the prefident, and a j^mV"" ^'* 
committee of two of the directors, to be by him appointed, 
in rotation, fhall afTemble daily, if need be, for the difpatch 
of bufinefs. And the faid board of directors, or the com- 
mittee aforefaid, at and during the pleafure of faid board, 
fhall have power and authority, on behalf of the company, 
to make infurances on veffels, freight, money, goods, and 
elfects, and againlt captivity of perfons, and on the life of 
any perfon, during his abfence by fea ; and in cafes of 
money lent on bottomry and refpondentia, and to fix the 
premiums, and terms of payments. And all policies of in- Manner of tratf. 
lurance, by them made, fhall be fubfcribed by the prefi- ^^'"'^ P"'^'"^- 
dent ; or in cafe of his death, fickneis, inability, or abfence, 
by any two of the directors, and counterfigned by the fec- 
retary, and fhall be binding and obligatory upon faid com- 
pany, and have like effect and force, as if under the leal of 
laid company. And all lofles, duly arifing, under any 
>^oiicy, io fubfcribed^ may be adjufi:e'd and fettled by the 

prefident 



150 INSURANCE COM. COR. Feb, 28, An. 1807. 

prefident and board of dire<Sors, and (hall be binding on 
the company. 

Sect. 7. Jind he it further enacted. That it fhall be the 
duty of the directors, on the firft Monday in May and No- 
DA^endiiobe vember, in every year, to make dividends of lo much of 
the intereft arifing from the capital ftock, and the profiis 
of faid company, as to them ihall appear advifeable. But 
the monies received, and notes taken for premiums on 
rifks, which ihall be undetermined and outflanding, at the 
time of making fuch dividends, fhall not be conlidered as 
part of the profits of the company. And in cafe of any 
iofs or loffes, whereby the capital ftock of the company 
ihall be lelTened, before all the inftalments are paid in, each 
proprietor or ftockholder*s eftate, Ihail be held accounta- 
ble for the inftalments that may remain unpaid on his ihare 
or ihares, at the time of fuch Ipfs or lofl'es taking place ; 
and no fubfequent dividend ihall be made, until a fum 
arifing from the profits of the bufmefs 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 {i:ockhold- 
stawmeiit of gj-g^ ^he dircclors iliall lay before the ilockholders, at ^ 
"' general meeting, an exact and particular ftatement of the 
profits, if any there be, after deducing loffes and divi- 
dends. 

Sect. 8. And be it further enacted. That the faid com- 
pany fliallnot, direftly or indirectly, deal or trade in buy- 
ing or felling any goods, wares, merchandize, or commodi- 
ties, whatfoever ; and the capital flock of faid company, 
after being coUeded at each inftalment, fliall, within iix 
Stock mvsfied. mouths, be inverted either in the funded debt of the Unit- 
ted States, or of this commonwealth, or in the flock of the 
United States Bank, or of fome other incorporated bank 
or banks, in this commonwealth, in either or all of them ; 
and in fuch proportions as may be moft for the interefl of 
faid company, at the difcretion of the prefident and direct- 
ors of faid company, or (^f fuch other perfon or perfons, 
as the faid ftockholders iliall, for fuch purpofe, at any meet- 
ing appoint. 

Sect. 9. And be it further enacted. That twenty-five 
dollars on each fhare of £iid company, ihall be paid in mo- 
i£ made? ^ ney, within fixty days after the firil meeting of faid com- 
pany, and the remaining fum of fifty dollars on each fliare, 
Ihail be paid, in money, within one year afterwards, at fuch 
equal inilalraents, and under fuch penalties, as the faid com- 
pany 



INS. COM. COR.— SCHOOLS. Feb. 29, An. 1807. 1^1 

pany fhall dired ; and no transfer of any fhare fliall he per- 
mitted, or be valid, until the whole capital flock Ihall have 
been paid in. 

Sect. 10. And he it further enaSled, That no perfon 
being a dire(5l:or of any other company, carrying on the 
bufinefs of marine infurance, fliall be eligible as a director 
of this company, by this acl eftabliflied. 

Sect. 11. A ad be it further enacted^ That in cafe of any 
lofs or lofles taking place, that fhall be equal to the amount Direaors' .n .t;s 
of the capital llock of laid company, and the prelident and J'^^e. 
dirediors, after knowing of fucli lofs or lofles taking place, 
Ihall fubfcribe to any policies of infurance, their eftates, 
jointly and feveraliy, fhall be accountable for the amount of 
any and every lofs that fhall take place under policies fo 
fubfcribed. 

Sect. 12. And he it further enafled^ That the prefix 
dent of faid company fhall, previous to their fubfc^'ibi ng to 
any policy, and once in every year after, pubiiih in two of 
the newfpapers, printed in the town of Bofton, the amount 
of their Itock, againil what rifks they mean to infure, and fuj^tobe'rtat' 
the largeft fum they mean to take on any one riik. But In ed, 
no cafe fhall they be allowed to take a greater fum than ten 
per centum on their capital flock, aftuaily paid in. 

Sect. 13. And he it further enacted.^ That the prefident 
and dire6k)rs of faid company fhall, when and as often as 
required by the legiflature of this commonwealth, lay Dircdtors to i 
before them a flatement of the affairs of faid company, and examined, 
fubmit to an examination concerning the fame, under oath. 

Sl;ct. 14. And be, it further enacted^ I'hat Ifaac Warren 
be authorized to call a meeting of the members of laid 
company, as foon as may be, in Charleflown, by advertifmg Meetings to i? 
the fame for three Vv^eeks fuccelliyely, in tVv'o of the newf- 
papers, printed in Boflon, for the purpole of electing a lirfl 
board of directors, who fliall continue in office until the 
ikft Monday in May, in the year of our Lord one thoufand ' 

eight hundred and eight. i 

[This aa pafTed Feb. 28, 1807.] 



CHAP. CXII. 

An acf to empower the inhabitants of the School Diftri6ls 
on Moofe Illand, to raife an additional fum for the fup- 
port of Schools. 

W HERE AS, great inconvenience arifes to the 
inhabitants of the town of Eaflport, in having fchools P:*eambi.- 

kept 



152 SCHOOLS. />^. 28, An. 1807. 

kept for the inftruclion of youth, owing to the inhabitants 
being fo fcattered, on the main knd, that fchools cannot 
be kept to benefit but a fniall part of the community, ■ by 
reafon of which, the town, at their annual meetings in 
April, do not vote money fufficient to keep fchools fo long 
as the inhabitants on Moofe Ifiand, a part of faid town, 
defire : — 

Sect. 1. BE it enaded by the Senate and Hovfe of Rep- 
refentativcs, in General Court affembled^ and by the authority 
of the fame^ Thdit it fhall and may be lawful for the inhab- 
Schooi fund itauts of the fchool diflri(5ls on Moofe Ifland, to raife, in ad- 
«niarged. ditiou to M^hat may be raifed by a vote of the town of Eaft- 
port, at their annual meetings in April, fuch further fum 
or fums in faid dillrids, as iliall enable them to keep a 
fchool or fchools, the greater part or v/hole of the year. 

Sect. 2. And he it further enacted^ That the inhabit- 
ants of laid fchool diftricts, qualified to vote in town aflairs, 
be, and they are hereby empowered, at any meeting, called 
in manner hereinafter provided, to raife fuflicient fums of 
money for the purpofes aforefaid, to be ailelfed in manner 
as is hereinafter provided. 

Sect. S. And he it further enacfcd^ That for the pur- 
pofes aforefaid, every man fhall be taxed in the diftricl in 
which he lives for all the eftate he holds in the faid dif- 
tricl, being under his own acluai improvement, tiTid all oth- 
er of his real ellate in faid diftricl ihali be taxed in the dif- 
tricl in which it is included ; and lands in faid diftricts, 
where the owner lives without the diftricls, iliall be taxed 
in the diftrict in which it lies until the town Ihall be dif- 
tricled anew j and the afi'eiiors fhall allefs in the fame man- 
ner as town taxes are aflelled on the polls and eftates of the 
inhabitants compofmg f^id fchool diftrid:s, and on lands in 
faid diftricts belonging to perfons out of the fame, all monies 
voted to be raifed by the inhabitants of faid diftricts for the 
purpofe aforefaid, in thirty days after the clerks of the dif- 
trids fliall certify to faid afleiiors the fum voted by the dif- 
tricts to be raifed as aforefaid. And it fliall be the duty of 
Affeffors loiffuc faid affefiors to make a wa';rant in due form of law, direct- 
1 warrant.^ ed to One of the collectors of the town of Eaftport, requir- 
ing and empowering faid collector to levy and collect the 
tax fo afleffed, and to pay the fame within a time to be lim- 
ited in faid w^arrant, to the treafurer of the town of Eaft- 
port, to whom a certificate of the aiTeftiTient fliall be made 
by the afleffors, and the money fo collected and paid, fliall 
be at the difpofal of the committee of the diftrict, to be by^ 

them 



Taxes "aHeffed. 



GCHOOLS. F^Z'. 28,An. 1807. 1.:; 

tliem applied for tlie maintenance of a fchool or fcliools in 
tlie diilrids aforefaid ; and fiich collector in colleding fuch 
tax fhali have the fame powers, and be holden to pro- 
ceed in the fame manner as is by law provided in collect- 
ing taxes. 

Srct. 4. And he it further enacted. That the treafurer 
of laid town of Eailport, to whom a certificate of the aifeff. 
ment of a diftricl tax fliall be tranfmitted as aforefaid, lliall Treafurer of 
have the iame authority to enforce the colledion and pay- Tr'ScXT 
mcnt ot the money io ailcffed and certified, as if the fame 
had be^ni voted to be raifed by faid tOwn of Eailport, for 
the town's ule ; and the treafurer and coiiecfor fhah be 
l^aid the lame commiflion on the money colieded and paid 
for the ufe of laid fchool diftricls, and the affelfors for af- 
lePiiMg faid tax, ihali be alloVA^ed by the difi:ricts the fame 
iu«n for each and every day while employed in afleffino- the 
fame, as is allowed and paid by the faid town in fimilar fer- 
vices. 

Sect. .-7. J nd be it further enacted. That it lliall be the 
duty of the feiec^men of the faid town of Eailport, upon 
application made to them in writing^, bv 'hree or more free ^^^^^"^f T' 
nolders rclident v/ithm faid diltrifts, to iliue their warrant ^warrant, 
directed to one of the perfons making- fuch application, re- 
quiring him to warn the inhabitants of laid diftriccs quali™ 
fied to vote in town aiFairs, to meet at fuch time and place 
in the (aid diftricls, as the feleclmen in their warrants ap- 
point ; and the warning aforefaid, (hall be notifying per- 
fonally every perfon in thediftrid: qualified to vote in town 
affairs, or by leaving at their feveral places of abode, a 
notification in writing, exprelTmg therein the time, place, 
and purpofe of the meeting, feven days at leaft, before the 
time appointed for holding the fame ; and every vote to 
raife money for the purpofe of defraying the expenfe of 
Schools in laid diftricts, palled by a majority of the inhabit- 
ants of faid fchool diftricts, prefent at a difi:ri<5t meetino- ^ 
ihali be obligatory on the inhabitants of faid fchool diX 
tricls, to be allefled, levied, and collected in the manner 
provided by this acl. 

[This acl palfed Fi'b. 28, 1807.] 



^^ GHAE 



Si' METPIUEN. m. 28, An. 1807/ 

CHAP. CXIII. 

An a6l to divide the town of Methuen, in the County of 
Ellex, into two parifhes, by a line, and to incorporate' 
the wefterly part thereof into a diftind: parifh, by the 
name of the fecond parifh in Methuen. 

Sfct. I. jjE // en a c fed by the Senate and Houfe of Rep-^ 
refentatives, in General Court a[]emhled^ and by the authority of 
the fame ^ That the town of Methuen, in the county of 
Ellex, be, and it is hereby divided into two diftinct par- 
ifhes, and the weflerly part of faid town fliall be hereafter* 
known and defignated by the name of the Second Parifh in 
PaniTibo'Jada- ]yjg|-h^gj-j g.j^(^ jjjg fQljQ^^jj^g^ fhall be the dividing^ hne be- 
tween faid parifhes, viz. Beginning at Andover Bridge, fo 
calieci, thence runnina; northeafiwardlv on the middle of 
the turnpike road in faid tov/n, until it comes to the line of 
the flate of New Hampfhire, all the inhabitants of faid 
town, living on the weflerly fide of faid line, be, and they 
are hereby incorporated into a diftinft parifh, by the name 
of the Second Parifli in Methuen, with all the powers, priv- 
ileges and immunities to which other pariflies are entitled 
by the conflitution and laws of this commonwealth ' 
Provided neverthelefs^ that the following perfons living on 
Perfonstore- the weflerly fide of faid line, viz. Amos Barker, Jofhua 
mair infiiit Davis, Jofeph Morfe, John Harris, Silas Barker, Jacob Sar^ 
^' ' ^' g^^iit? Stephen Sargent, Jonathan Cluff, Ebenezer Hibberd, 

James Sargent, Ebenezer Hibberd, jun. James Ordway, 
Daniel Bartlett, John Sargent, Elijah Jennings, Jonathan 
Jennings, Benjamin Town, Daniel Crofs, Amala Sargent, 
James Ordway, 2d, Daniel Morfe, Nathan Town, Solomon 
Jennings, Dorcas Swan, (v/ith the eflate under her care as 
guardian for her diildren,) Jacob Tyler, and Noah Ste- 
phens, with their families and eflates, and fuch perfons as 
fliall hereafter pofTefs or live upon any of laid ellates, (ex- 
cept it be a perfon who was an eftablifhed parifhoner in the 
faid fecond parilh, previous to his p(>flelling or living upon 
faid eftate) iliall ftili be confidered as parilliioners in the 
firfl parifh in faid town ; any thing contained in this ad 
to the contr?.ry notwithftanding. And it is further provid- 
Piovifo, ^^^ that any perfon or perfons that are hired to work on 
any of fliid ellates, Ihall be taxed to the fupport of public 
worfb.ip, and other parochial purpofes in the tirll parifh in 
faid town, until he or they fhall fignify his or their defire 
' to join laid fecond parifliy by giving iivhis or their names' 

and 



METIIUEN. Feh. 28, An. 1807. . 15: 

and intentions in writing, to the clerk of faid town for 
that purpofe. 

Sect. 2. Be it further enacted^ Tliat the inhabitants of 
fiid town, Uving on either fide of faid dividing Hne, fliall 
liave liberty at any time within one year from the palTi! g J^^^'j^fj^^^^^J-J^^ 
of this acl, to join which of faid pariflies they fliall fee fit^ paHih they 
and eftabhfli themfelves with thtir polls and eftatcs there- ^''" J'""- 
in, by certifying their intentions in writing to the clerk of 
faid town, whole duty it fhall be to make a fair record of 
the fame, and make OLxt atteiled copies thereof, and deliver 
the fame to the alleiiurs of each of the pariflies in faid town, 
whenever requefted thereto by laid affeiTors ; and any per- 
fon living in either of the pariflies eftabliflied as aforefaid, 
who does not fee lit to join the other parifh in manner as 
aforefaid, prior to the firfl; day of May next, fliall be taxed 
to the fupport of public worihip and other parochial pnr- 
pof3s in the parifli in which he relides for the year then next 
following. 

Sect. 3. And he it further enacted. That the ^^^^ ^^^ T^xcsduetob 
parifli fliall have all the power and authority to colledt all paid toiirftpar 
the taxes legally aflefled before the pafling this act, upon ifli- 
any of the inhabitants living on the wefterly lide of faid 
dividing line, the fame as though this acjt had never been 
pafled. 

Sect. 4. And he it farther enacted. That the fcparate 
parifli in faid town of Methuen, which by this act is dif- 
iblved, fliaU have fuU power and authority to collecl all 
taxes for the fupport of public worfliip and other paro- 
chial purpofes, legally aflelfed before the pafling of this act, 
and to fettle aU accounts as though this ad had never been 
palled. 

Sect. 5. And he it further enacted. That every nerfon 
living in faid town fliall hereafter be taxed to the fupport 
of public worfliip and other parochial purpofes, in the par- jl^'^I'i" *° Jjfrr' 
ifli where he belongs, for all the eflate which he owns in y/heretheinhai 
faid town, in whatever part of faid town the fame may be '*^"' belongs. 
fituated. 

Si!.CT. C. And he it further enacted. That any jufliice 
of the peace for faid county of Eflex, be, and is hereby au- 
thorized upon application made in writing by any live of 
the members of faid fecond parilh, to ilTue his warrant di- 
rected to any member of liiid fecond parifli, requiring him 
to notify and warn all the inhabitants of faid fecond parifli, 
duly qualified to vote in parilh aff^iirs, to meet at fuch time 
and place as the faid jufl;ice in his Hiid warrant fliall direct. 



TIMBER. 



Feb. 28, An. 1807. 



to choofe fuch officers as pariflies are by law required an4 
empowered to chooi'e, in the luontlis of March and ^pril, 
annuall) , and tranfact iiich other bulinefs as may be found 

I neceflary to be done at laid firif pieeting. 

Sect. 7. And he it further enacted., That an acl, entitled 
an ad, for fetting ofi" a number ot inhabitants of the town 
of Methuen, in the county of EfTex, into a feparate parifli. 

Ads repealed, paffed in the year of our Lord, feventeen hundred and fev- 
enty-nine together with three fubfequent acts relating to 
the fame, be, and the fame are hereby repealed. 
[This ad palled February 28, 1807. J 



CHAP. CXIV. 

An ad in addition to an ad, entitled, " An ad to fecure to 
owners their property in logs, malls, Ipars, and other 
timber, in certain cafes." 

Whereas, the ad aforeBid, palTed the twenty- 
fecond day of February, feventeen hundred and ninety- 
four, and the ad in addition thereto, paffed on the fix- 
teenth day of June, eighteen hundred and one, are found 
in their operation to be infufficicnt to anfwer the purpofes. 
intended thereby, as far as they refped Saco River, in the; 
county of York :— 

Sect. 1. BE it enacted bv the Senate and Houfe of Rcpre- 
fentatives, iji General Court affembled^ and by the authority of the 
fa?ne. That from and after the palling of this ad, the for- 
feitures oi forty fhillings, mentioned in the lirft and fecond 
fedions of the ad ih'tl above mentioned, lliall be, anii here- 
by is increafed to the fum of twenfy-fvc dollars^ and inftcad 
of the treble value, mentioned in the (irri; and third fedion 
of the Umie ad, the fum oiffty dollars Hiall be, and hereby 
is fubftituted, as far as the fame refpeds Saco River ; faid 
forfeitures of twenty five dollars^ and fifty dollars, to be re- 
covered by an adion of debt, in any court proper to try 
the fame, with legal coil:, by the perfons and for the ule 
mentioned in laid ad. 

Sect. 2. Be it further enacted. That if any proprietors 
or owners of any Boom or Booms, in or acrols Saco River, 
aforefaid, lliall unneceilariiy detain, or fufier to remain 
therein, any logs, mafts, ipars, or other timber, which 
ought to be turned through the fame, tliey Ihall forfeit and 
tube detained, p^y to the owncr or ov/ncrs of fuch logs, malls, fpars, or 

other 



TIMBER. Feb. 28, An. 1807. !5'; 

other pieces of timber, unneccffarily detained, or fufl'ered 
to remain therein, the lum ot tivo dollars for each log, maft, 
fpar, or other piece of timber, fo detained, to be recovered 
in tiie way and manner heretofore provided in this acl : 
Provided however, fuch detention aforefaid, fiiall not exceed 
fix days. 

Sect. 3. Be it further enacted. That the owner or own- 
ers of any logs or other timber, their agents or fervants, 
fhall have liberty, at all times, in a peaceable manner, to 
enter any mill, or any mill-brow, boom, or raft of logs, or 
other timber, in fearch of any logs or other timber which 
they may fufpcct to be there , and any perfon or perfons 
who Ihali prevent fuch fearch, fhall forfeit and pay tor each Penalty tor prt- 
and every fuch offence, a fine, not lefs than t'-juenty-five, nor venting fearch 
more than one hundred dollars, to be recovered by indio:- 
meat, in the Supreme Judicial Court, or Court of Common 
Pleas, where the offence Ihall be committed, for the ufe of 
the countv of York. 

Sect. 4. Be it further enacted. That all logs, m.afts, fpars, 
and other timber, the marks on which have been fo defaced 
as not to be known, (commonly called prize logs,) jfhall be 
turned from and through the feveral booms in Saco River, 
imtil they arrive at the Saco Boom; the proprietors of 
which boom fhall carefully raft the fame by thcmfelves, 
and on the firft Monday of Auguft in each year, fliall fell 
the fame at Public Auction, to the higheil bidder, firft giv- 
ing notice of fuch fale, by pofting up advertifements there- pri^.eiogsto b^- 
of in fome public place in the towns of Saco, Biddeford, r-iitedandad- 
Buxton, and Phillipfburgh, twenty days at lead before the ^'*^''^''^'^- 
day of fale; and the proceeds of fuch fale, after deducling the 
expenfe of fecuring and felling the fame, iliali be appropriat- - 
ed to the clearing and removing obffruclions to the paffago 
of logs and other timber, as aforefaid, down Saco River, 
and be immediately paid to fuch committee or committees, 
agent or agents, as ihall by faid Saco Boom proprietors be 
legally appointed for that nurpofe ; otlierwife to the Seled- 
men of the town of S xo, Biddeford, Buxton, and Phillipl- 
burgh, in proportion to their population, for the ufe of the 
poor of faid towns ; and any perfon or perfons, not the 
owners thereof, who fliall take, carry away, fell, or mark 
anew, any fuch prize logs, maft, fpar, or any piece of tim- p^j^.,,,^ 
ber, contrary to the foregoing provifion, fliall forfeit and 
pay ior each and every fuch offence, the fum of i-iventy-nve 
dollars, to be recovered by an action of debt, in any court 
Proper to try tho fame, with legal coft, bv tlie proprietors 

of . 



^ISS EPISCOPAL SOCIETY. F^^. 28, An. 1807, 

of Saco Boom, to be appropriated in the way and manner, 
5 and tor the purpole before mentioned in this feclion. 

Sect. 5. And be it further enacted. That if the proprietors 

aforefaid, or any of them, who by this acf are authorized 

and directed to take care of, and fecure fuch prize logs and 

other timber, aforefaid, as fliall from time to time be taken 

up and fecured, at Saco Boom, aforefaid, for the pnrpofe 

ll aforefaid, their agents or fervants, fliall knowingly fuffer 

' line for neglecT; the fame to be taken away, or difpofed of, contrary to the 

©fduty. intent of this acf, for each and every fuch offence, fhall pay 

a fine, not lefs than twenty fi-ve dollars, nor more than ffty 

dollars, for each log, maft, fpar, or other piece of timber, io 

taken away, to be recovered in an aclion of debt, in any 

court proper to try the fame, with legal coff, by any perfon 

who fhall profecute and fue the fame. 

Sect. 6. And be it further enacted. That fuch parts of the 
afts aforefaid, as are inconfillent with the provisions of this 
a6f, fliall be, as far as they refpect Saco River, and hereby 
are repealed ; except that all fines and forfeitures incurred, 
- ^■*'' and all rights of adion which accrued under faid acl, may 

' be profecuted for, and proceeded in, in the way and man- 

ner as though this act had never been pafled. 

Sect. 7. Be it further ena£led. That each and every of 
the duties, liberties, exceptions, fines, forfeitures, and pen- 
alties, and every other part and provifion in the foregoing 
a6:, and in the afts to which this is an addition, as applying 
#'rovifions ex- to Saco Rivcr, be and hereby are extended and applied, 
tcackd. ^^j -j^ ^^y court of law fliall be taken and conftrued to 

include, extend, and be applied to the river called the 
Great Androfcoggin, and to Kennebeck River, below the 
Bay, called Merry-Meeting Bay, any thing in this acf, or in 
the other a6ts before mentioned, to the contrary, notwith- 
.llanding. 

[This ad pafTed February 28, 1807.] 



CHAP. CXV. 

An ad in addition to an ad, entitled, " An act to incor- 
poi ate a number of the inhabitants of the town of Pittfr 
ton, in the county of Lincoln, into a pariih, by the name 
of The Epifcopalian Society in Pittflon. 

Whereas, it appears tint the late Dr. Sylvcfter 
fmnibk. Gardner, for the encouragement and fupport of a regular 

adminiflratici 



EPISCOPAL SOCIETY. ' Feb. 28, An. lS07. 159 

idniiniftration of Religion, conformable to the Proccftant 
JLpifcopal mode, in the town of Gardner, and county of 
Kcnncbeck, did bequeath, by his lall will and teftament^ 
the fum of one hundred twenty -four dollars and forty-four 
cents, annually and forever, to be paid by certain heirs, out 
of the rents and proceed^] of lands fituatcd in the town of 
Gardner and Pittllon : and whereas, from the general fale 
of thofc lands to numerous individuals, groat and embar- 
rarHiig diiTicukies may arife, in the collection i)f faid legacy, 
and the pious intentions of laid Donor be fruicrated — 

Sect. 1. THEREFORE be'' it enacted by the Senate and 
Houfe of Reprefentati'ves^ in General Court ajfemhled^ and by 
the authority of the fame ^ That the Wardens of the Enircopal wardem .- 
Society in laid Gardner, for the time being, be, an(i -rhey powered. 
are hereby authorized and en^powered, at any tinse, io far 
to commute the aforeiaid bequell and donations, as to re- 
ceive and hold land or money, from faid heirs refpectively 
the value or amount of which (hail be equal to a principal, 
the annual income or intereil whereof Ihall be at leali:, as 
much as the refpeclive fums fpeciiied by faid teftator. 

Sect. 2. And. be it jurthef enacted by the authority afore- 
faid. That the Wardens, with the conient of the veilry of 
faid Society, and their i^acceflors in faid oince, be, and they 
are •hereby autiiorized and empowered, to make fale andp^j^^j^f^i^jj^jj^^ 
difpofe of any landb, tenement, or hereditaments, which by 
commutation, as aforefiid, or otherwife, fliall belong to faid 
Society, the Church or Miniflry thereof, and to make and 
execute good and fuflicient deeds of the fame, to any per- 
fons who ihall be difpofed to pay the full value thereof, and 
to leafe, or otherwife difpofe of the fame, in the name and 
behalf of faid Society ; and with the money ariling from 
fuch fde or leafe, from time to tim.e, to form a Minifterial 
Fund, the annual intercft of which may be appropriated to 
the fupport of Public Worfhip in faid Society. 

And, whereas, lince the incorporation of laid Society, the Title aitorr/ 
county of Lincoln, and the tov/n of Pittllon, have been 
divided, and a great proportion of the Member^ of fiid So- 
ciety, and their Church Houfe, are within the town of 
Gardner, and county of Kenncbeck : 

Sect. 3. Therefore be' it further ena6led by the authority 

aforefaid. That the ftyle or title of faid Society be, and 

hereby is fo far altered, as, that forever hereafter it lliall be 

'denominated The Epilcopal Society in Gardner, in tlic 

^Qunty of Kenncbeck. 

Sect, 



i 160 BAPTIST SOCIETY. M 28, An. 1807. 

Sect. 4. Jnd he it further enacted^ That the fecond 
Repeal. feclion of the acl, to which this is an addition, be, and here- 

by is repealed. 

Sect. 5. And he it further enacted^ That whenever any 
Perfons to Tkt P^^^^^"^ ^^ pcrions iDay incline to join the fliid Epifcopal fo- 
nify their in- ciccy, in Gafdncr, and he, llie, or they, lignify Inch their 
tcntioii. defire, in writing, to the recording clerk offaid fociety, by 

figning a book which may be kept for that purpofe, or otli- 
erwife ; then he, llie, or they, with their pools and eftates^ 
, ihall be confidered as members of faid fociety : Provided^ 

; iiat any fuch perfon or perfons fhall give in their name or 
names in writing, to the clerk of the parifli or religious fo- 
ciety they intend to leave, on or before the firft Monday of 
April, annually, lignifying fuch to be their intention ; and 
ihall alfo pay ail fuch taxes as fhall have been previoufly 
affefled upon them, by the parifii or religious fociety they 
leave : and whenever any member of faid Epifcopal fociety 
ihall wifli to join any other incorporated religious fociety, 
they fliail, in future, give notice thereof to the faid record- 
ing clerk, fourteen days at leail before Eafter Monday, by 
leaving with faid clerk a certificate, figned by the m.iniiler 
offaid other incorporated religious fociety with which he 
t'cifons leavin;^. or fhe may unite, that he or fiie has actually become a memi- 
ber of and united in religious worfliip, with faid othei* re- 
ligious fociety ; and fhall pay his or her proportion of all 
money which may have been previoufly and legally alTefled 
in faid Epifcopal fociety ; then every fuch perfon, hav- 
ing given fuch certificate to the clerk aforefaid, and 
having paid all the taxes as aforefaid, fhall, from and after 
the Eafter Monday following the date of faid certificate^ 
be confidered, with his or her polls and eftates, as a mem- 
ber of the incorporated fociety, with which he or fhe has 
fo united. 

[This acl: pafTed Feb. 28, ISO?.] 



CHAP. CXVI. 

An act to incorporate a number of inhabitants of the town 
of Wells, as a religious fociety, by the name of the Firft 
Baptift Society in" Wells. 

Sect. 1. JdE /V enacted by the Senate and Houfe of Rep - 

' refentatinjes, in General Court ajfembled^ and by the authority 

i, r ■ of the fa?ne. That Abraham Annis, Nehemiah Annis, John 

porated. AnniS^ 



BAPTIST SOCIETY, Fek 28, An. 1807. 

Annis, Stephen Annis, Ifaac Bennett, Joel Bennett, William 
Beniiett, George Bennett, George Bennett, jun. Thomas 
Bragdon, Joihua Brooks, Nathaniel Brooks, Samuel Chad- 
bourn, Elias Chick, Samuel Chick, Eleazer Clark, jun. Jo- 
liah Cradefoni, John Cradeibrd, Stephen Cradeford, Mo- 
les W. Day, John Davis, Jofeph Eaton, Jofeph Eaton, jun. 
Jofliua Eaton, Edward Edes, WilHam Edes, George Getch- 
cU, Jofeph Getchell, Jeremiah Gctchell, Jonathan Getchell; 
Robert Getchell, Daniel Goodwin, Jofeph Goodwin, jun. 
Afa Hatch, Afa Hatch, 2d, Barack Hatch, Eliab Hatch, Eli- 
ab Hatch, jun. Elijah Hatch, Ephraim Hatch, Jeffe Hatch, 
Jofiah Hatch, John Hatch, Jonathan Hatch, Jonathan Hatch, 
jun. Jerenuah Hatch, Lemuel Hatch, Seth Hatch, Samuel 
Hatch, Storer Hatch, WiUiam Hatch, Jonathan Hill, Jona- 
than Hill, jun. Nathaniel Hill, Samuel Hill, jun. Jofepfi 
tl.)bbs.. Say ward Hobbs, Thomas Hobbs, William Hobbs, 
Jeremiah Hubbard, William Hubbard, Benjamin joy, Eb- 
enezer Kimball, Nathaniel Kimball, Afa Littleneid, David 
Littletield, Daniel Littlefield, Daniel Littleheld, jun. De- 
pendanceLittlelield, Elijah Littlefield, Ifaac Littlefield, Jclf^ 
Littlefield, IMofes Litdefield, Noah Littlefield, Nehemiah 
Littlefield, Jofeph Littlefield, HI, J(jfeph Littlefield, 2d, Jo- 
feph Littlefield, 'id, Jofeph Littlefield, 4th5 Jofeph Littlefield, 
ixh, Samuel Littlefield, Stephen Littlefield, Richard Lord, 
John Ma^vell, jun. Samuel Maxell, Stephen Maxell, Simeon 
Mery field, Stephen Mery field, Samuel Milirum, Stephen 
Moffet, Dependance Morrifon, Jofiah Morrifon, John Mor- 
rifon, Richard Parey, Benjamin Penny, Daniel Penny, Jacob 
Perkins, Jofiah Perkins, James Perkins, Newman Perkins, 
Seth Shearman, John Staples, jun. Benjamin Stevens, Jona- 
than Stevens,- Benjamin Steward, Ebenezer Storer, Jededi- 
ah Storer, Jeremiah Storer, Nicholas Wefl:, Benjamin WiL 
Uams, Jofeph Williams, John Williams, and Samuel Wil- 
liams, all of Wells, with their famiHes and eft:ates, together 
with fuch others as may hereafter afibciate with them, and 
their fucceifors, be, and they are hereby incorporated, as a 
religious fociety, by the name of the Eirfi: Baptift Society, 
in Weils, with all the powers and privileges which are ex- 
ercifed and enjoyed by parllhes according to the conflitu- 
tion and laws of this comtrion wealth. 

Sect. 2. Be it further enacted. That any perfon within 
the laid town of WeHs, who may defire to become a mem- 
ber of the faid Baptift fociety, and fhall declare fuch inten- 
tion in writing, delivered to the miniller or clerk thereof, 
Meen days at leaft previous to the annual meeting, and 
W lh.J| 



i 

162 FISHERY. Feb. 28, An. 1807, 



Members to ob- fl^^ill recGive a certificate figned by the faid minifter or clerk, 
' that he or flie has a6lually become a member of, and unit- 
ed in religious worlhip with the faid Baptift fociety, fuch 
perfon fliall, from the date of fuch certificate, be con- 
iidered with his or her polls and eftate, a member of faid 
fociety. 

Sect. 3. Be it further enacted^ That when any mem- 
ber of the faid Baptift fociety fliall fee caufe to leave the 
fame, and to unite in religious worfhip with any other re- 
ligious fociety in the faid town of Wells, and fliall give 
notice of fuch intentions to the clerk or minifter of faid 
Baptift fociety, and fliall alfo give in his or her name to the 
clerk or minifter of fuch other fociety, fifteen days at leaft 
previous to their annual meeting, and fliall have received 
a certificate of memberflbip, figned by the minifter or 
clerk of faid fociety, fuch perfon fliall, from the date of 
ttov'iie. ^^ch certificate, with his or her poll and eftate, be confider- 
ed a member of faid fociety : Provided however, that every 
fuch perfon fliall always be held to pay his or her propor- 
tion of all parifli charges in the fociety to which fuch per- 
fon belonged, alTefled and not paid previous to the leaving 
faid fociety. 

Sect. 4. Be it further enacted. That any juftice of the 
peace for the county of York, upon application therefor, 
Juftice to ;ffue is hereby authorized to Iflue a warrant, directed to lome 
member of the fai'd Baptift fociety, requiring him to notify 
and warn the mem.bers thereof, to meet at luch convenient 
time and place, as fliall be appointed in faid warrant, for 
the choice of fuch officers as pariflies are by law empowered 
to choofe at their annual parifli meetings. 

[This aa paffed />^. 28, ISO?.] 



CHAP. CXVU. 

An a6l for the prefervation of the fifli, called Alewives, in 
their palfage up the rivers and ftreams, leading through 
the towns of Salem and Danvers, in the County of Efiex, 
and for regulating the taking faid fifli in faid ftreams, 
and for repealing all laws heretofore pafled, for regulat- 
ing the filhery in faid rivers and ftreams. 

Sect. 1. )^Y.it enacted by the Senate and Houfe of Repre- 
fentatives, in General Court afjembled, and by the authority of the 
fame. That the towns of Salem and Danvers, fliaU be, and 

they 



his warrant. 



nSHERY. i>^. 28, An. 1807. 163 

they are hereby refpeclivcly empowered and directed, at 
their annual town meetings, to choofe by ballot, a number, fy^Jjc'^choS^^ 
not exceeding live perlbns in each town, as a lifli commit-, 
toe, whofe duty it fliall be to lee that the laws refped:ing" 
the paflage-ways for laid filli be duly obferved ; and each 
perlbn fo cholen, lliall take an oath for the faithful dif- 
charge of the duties required of him by law ; and the com- 
mittees from each of faid towns, Ihall meet together annu- 
ally, on or before the firfl day of April, as the pcrfon firft to meet annu. 
chofen by the town of Salem Ihall appoint, to be by him duly ^"i'- 
notified ; and the major part of the committees prefent at 
fuch meetings, are hereby authorized and empowered to 
order the times, not exceeding three days in any one week, 
and the places where, and the manner in which fliid fifli 
may be taken, within the limits of either of the faid towns. 
And the members of the committees aforefaid, lliall haye 
joint and concurrent juriidiction, in cither of the faid 
towns J and the faid committees, or either of them, or the 
members of either of them, Ihall have full power to a<5l as 
fuch, in either of faid towns. And in cafe either of faid Advantages an 
towns fliall nes;lecl to choofe fuch committee, the towTi ^"sfromchoof" 
not neglecting, fliall have all the emoluments ariiing from ""' 
the fifiiery, hereafter mentioned. And the faid coir.mit- 
tees, or cither of them, on neglecf, as aforefaid, fliail have Difadvantagcs in 
power tocaufe the whole natural courfe of the ftreams, ^''^° ""^^^^ 
through which faid hfh pafs, in both the faid towns, to be 
kept open, and without obllruclion, to remo^^e fuch as may 
be found therein, to make the paffage-ways of fuch flreams 
wider or deeper, if they may deem it neceffary. And the 
laid com.mittees, or either of them, or any member thereof, 
fhall have authority to go on the land of any perfon, 
through which fuch river or flream runs, or on which fuch 
land may be bounded, f ^ the purpof^^ aforefaid, without 
being confidcred as trcipaffers ; and any perfon who fliall 
rncleli; or hinder the faid committees, or either of the mem- 
bers thereof, in the bufinefs and execution of their oihce, 
cr liiall obftruct any paffage-way in fuch river or ftream, 
orherw ife than may be allowed by fuch committee or com- 
mittees, he or Ihe fliall forfeit and pay alum not exceeding 
fifty dollars, nor lefs than five dollars. 

Sect. 2. JSe it further enacted^ That the faid cciTimlt- 
tees, or the major part of them prefent, at any meeting du- 
ly notified, being not lefs than three in number, fliali be, 
and they are hereby authorized and empowered to open r>?instob*' 
^ny dam cr fl^aice-head of any mill erccl:ed, or that may be opened, 

erecledj 



161 FISHERY. reh. 28, An. 180?, 

erecled, on or over any fucli river or ftrcam, at the ex- 
penfe of the owner or owners of fuch dam, or fluice, if 
fuch owner or owners Ihall neglect to open the fame, when 
thereto required by faid committees, or the major part of 
them, as aforefaid ; and the dam or fluice fo opened, ihall 
continue open, fuch depth and width as the faid commit- 
tees, or the major part of them fliall order, from the 
tenth day of April, to the laft day of May, in every year ; 
and the faid committees may (when they ihall deem it 
necefiary) order the paffage-ways open at an earlier peri- 
od, not prior to the firft'day of April. And in cafe any 
i'<>naity for ob- pcrfon or pcrfons iiiall obilrucl the paffage-way allowed or 
ftrudiing paff- Ordered by faid committees, or the major part of them, in 
dge-ways. ^^^ ^^^ ^^ iluice, each perfon fo offending, ihall forfeit 
and pay a fum not exceeding fifty dollars, nor lefs than 
ten dollars. 

ScT. 3. Be it further enacted^ That the owner or own- 
ers of any tide-mills erected, or that may be hereafter 
erefted, ihall (in addition to the regulations before pre- 
Owncrsoftide- fcribcd for mill-dams) keep a iluice-gate hoifted, or paiT- 
mills to make age-way Open, of three feet in width, and two feet high, 
uice-gate. three hours before high water, and to continue open fuch 
width and depth, until high water, and the bottom of 
fuch paiTage-way fo opened, ihall be as low as the iaid com- 
mittees ihall direct, on penalty of forfeiting for each tide, 
when liich iluice-gate is not hoifled, or faid pailage-way 
fo opened, a fum not exceeding twenty dollars, nor leis 
than five dollars. 

Sect. 4« Be it further enacted^ That the committee, ap- 
pointed as aforefaid, are hereby authorized and empower- 
pnviie e of tak- ^^ ^^ Icafe or fell at public vendue, or otherwife, the priv- 
jng fifli to he ilege of taking and difpoiing of faid fifh, when they iliall 
leaff d at auaion, Jeem it expedient ; and the perfon or perfons purchaling 
the faid privilege, ihall pay one moiety thereof to the treai- 
urer of the town of Salem, and the other moiety thereof to 
the treafurer of the town of Danvers, on or before the laft 
day of September, annually, under the penalty of paying 
one hundred dollars for the ufe of the faid towns ; and no 
perfon hiring or piirchafing faid privilege, iliall demand of 
■ .rr^. any perfon more than at the rate of thirty cents for each 
iteji. ' hundred of faid fifh thus fold, on penalty of paying five dol- 

lars for each oil'ence ; and any perfon or perfons, taking 
any of faid fifh, not being authorized by the faid fifh com- 
mittee, fhall pay a fine of not more than t^n dollars, nor 
Ipfs than one dullar. 

Sr;CT. 



^$HERY. Feb. 28, An. 1807. 16S 

Sect. 5. Be it further enacted. That when the com- 
mittees aforefaid, or either of them, or any member there- 
of, fliall cktect any perfon or perfons, not authorized by 
faid committee, in attempting to take any of faid fifli, and 
fliall And fuch fifh with fuch perfon or perfons, they fhall 
he doomed to have taken faid fifli, and be fubjecl to the Penalty for tak- 
penalties of this aft accordindy ; and any net or other ma- '"s ^^/ withoi 
chine, round in any luch river or Itream, tor the purpoie 
of taking faid filh, (not authorized by the faid committees) 
lliall be forfeited ; and no perfon, by reafon of his being 
one of either of the committees aforefaid, ihall thereby be i 

difqualified from being a witnefs in any profecution, for a 
breach of this act. 

Sect. 6. JBe it further enacted. That any juftice of the 
peace in either of the faid towns of Salem and Danvers, Prpfecmiom to 
may hear and determine any complaint under this ad:, to bef<!r°™^y"juV 
tlie amount of thirteen dollars and thirty-three cents, his ticeinSaicm^^' 
boing an inhabitant of the faid town, notwithftanding ; 
and in cafe any minor or minors Ihall offend againfl any 
part of this act, and thereby incur any or either of the pen- 
alties aforefaid, in all fuch cafes^ the parent, mafter, or guar- 
dian, of fuch minor or minors, fliail be anfwerable there- 
for ; and in cafe of a profecution of fuch minor or minors, 
the action fhall be commenced againfl the parent, mafter, 
or guardian of fuch mipor or minors, refpectively, and judg- 
ment rendered accordingly. 

Sect. 7. Be it further enacted. That all fums recovered, 
as forfeited by this act, fliall be appropriated, one moiety s„ms recov^»* 
thereof to the profecutors, and the other moiety equally to be divided. 
divided between the faid towns of Salem and Danvers. 

Sect. 8. And be it further enacted, That all laws here- 
tofore pafTed, concerning the fifliery in the rivers and 
ftreams aforefaid, be, and the fame are hereby repealed, ex- ^^^^'^ 
cepting fo far as miay relate to any forfeitures or penalties, 
Incurred for the breach of thofe laws. 

[This ad pafled Feb. 28, 1 807.] 



{END OF JANUARY SESSION, 1807.] 



LAWS 



PASSED AT THE SESSION COMMENCED ON THE 
TWENTY-SEVENTH DAY OF MAY, 1807. 



rrr- 



SPRUCE-CREEK BRIDGE COR. May 15, An. 180?. 

CHAP. CXVIIl. 

An acl to incorporate certain perfons for the purpofe of 
building a Bridge over a branch of" Pifcataqua River, in 
the town of Kittery, called Spruce-Creek, and for fup- 
porting the fame. 

Whereas, a new high-way, lately laid out Prcambte 
from Portfmouth ferry to York Court-Houfe, in the Ihort- 
eft pradiicable direction, paiTes over a branch of Pifcaiaqua 
River in the town of Kittery, called Spruce-Creek, which 
will require a bridge of about forty rods in length. — And 
whereas, David Sewall, Daniel Sewall, and Ifaac Lyman, for 
themfelves and their alTociates, have petitioned this court 
for liberty to build the fame, and to be incorporated for 
that purpofe : — 

Sect. 1. BE it enacted by the Senate and Hoiife of Reprc- 
fentat'roes, in General Court affembled, and by the authority of the 
fame. That David Sewall, Daniel Sewall, Ifaac Lyman, Abi- co?poJaS '^ 
gail Emerfon, Jonathan S. Barrell, William Lyman, Samuel 
Lunt, jun. George G. Barrell, Mofes Lyman, Jofeph Sewall, 
Nathaniel Sewall, John Donnell, Bulkeley Emerfon, Thomas 
Savage, Timothy Grow, Reuben Derby, John Lowe, 
Thomas Mugridgc, William Mugridge, Theodore Parker, 
Daniel Parker, Peletiah Jones, Nathaniel Wilfon, William 
Weeks, Diamond Lewis, William Parker, Nicholas Weeks, ^ 

John Weeks, Daniel Parker, jun. John Lewis, Robert Haley, 
Simon Lewas, Charles Lewis, Benjamin Parker, Samuel 
Wilfon, Simeon Haley, and Jeremiah Clarke, with fuch 
others as have already ailociated, or may hereafter alfociate 
with them for that purpofe, be, and hereby are made and 
conftituted a corporation and body politic, by the name of 
the Proprietors of Spruce Creek Bridge, and by that name 

may 



idi SPRUCE-Cl^EEK BRIDGE COR. June 15, An. ISOfl 

may fue and be fiied to final judgment and execution, and 
do and fufl'er all matters and things, and be entitled to fucli 
privileges as bodies politic may or ought to do and fuffer, 
and are entitled unto; and the laid corporation fnall and 
fnay have and ufe a common feal, and the fame may break 
and alter at pleafure. 

Sect. 2. And be it further enaded. That any tliree of the 
sfectiug called, perfons before named may call a mieeting of the proprietors 
aforefaid, to be holden at any convenient time and place, 
by polling up notifications thereof, fourteen days prior to 
the time afligned, in fome place in the towns of Kittery 
and York : And the faid proprietors, by a vote of thoic 
prefent or reprefented at faid meeting, allowing one vote 
to and for each lingle {hare, in all cafes, provided no one 
proprietor ihall have more than ten votes, fhall cHoofe a 
clerk, who fhall be fworn to the faithful difcharge of the 
duties thereof; and fhall alfo as^ree on a method of callinp: 
future meetmgs ; and at the fame, or fome fublequent meet- 
ing or meetings, may choofe fuch officers, and make and 
eftablifh fuch rules and by-laws as to them fliall feem necef- 
fary and convenient for the regulation and government of 
the faid corporacion, and for carrying into effect the pui'- 
pofes aforefaid ; and may annex penalties to the breach of 
any by-law not exceeding ten dollars. And all reprefenta- 
tions at faid meeting ihail be in writing and filed with the 
clerk of faid corporation. And this acf , and all rules, re-' 
gulations and proceedings of faid corporation, fliall be fairly 
and truly recorded by faid clerk in a book to be provided 
and kept for that purpofe. 

Sect. 3. And he it further enacted. That the proprietors 

Proprietors cm- aforefaid, be, and hereby are authorized and empowereci 

powered. ^q erccft a bridge over Spruce-Creek aforefaid, at a place 

where the faid common high-way is or may be eflablifhed. 

And faid bridge fhall be well built, twenty-four feet at leafl 

in width, and fix feet in the loweft part above the water, 

in common tides at high water, and fubftantially covered 

I w'nh plank or other materials, fuitable for fuch bridges, 

I \Vith fuitable rails on each fide, with a convenient draw or 

paffage way, at leaft twenty-five feet wide, in the channel^ 

for the pailage of veli'cls. 

Sect. 3. And be it further enabled. That the fliares in faid 
Shares transfer- btidge, fhall be deemed and taken as perfonal eflate, and 
"*'-♦ lliall and may be transferable by deed, acknowledged be- 

fore a Jufllce of the Peace, and recorded by the clerk ot 
faid corporation in a bock to be kept for that purpofe. 

And 



SPRUCE-CREEK BRIDGE COR. June 15, An. 1807. m 

And when any fhcirc fliall be attached on mefne procefs, or 
taken in execution, a certified copy of the procefs, at the 
linie of attachment, or taking on execution, fliall be left 
With the clerk of fliid corporation ; otherwife fuch attach- 
ment or taking fliall be invalid. And fuch fliare or fliares 
inay be fold on execution in the fame way and manner as 
IS or may be provided by law for making fale of perfonal 
property on execution. And the officer making the fale 
the judgment creditor, or the vendee, leaving a copy of 
the ^execution and the officer's return thereon with the 
clerk of Hud corporation, within fourteen days after fuch ' 

lale and paying for recording the fame, fliall be deemed 
and taken as a complete transfer of fuch fliare or ihares in 
laid brida:e. 

Sect 5 And he it further enacted. That when any pro- DeHnqu.m*! 
prietor fliall neglecl to pay any tax or aflblTment duly voted "^ '"^"'"''^' 
and agreed upon by the corporation, to the treafurer 
withm forty days from the time appointed for payment 
thereof, the treaiurer of the corporation is hereby author- 
ized to fell at public vendue, one or more fliare or fliares 
of fuch delinquent proprietor, as fliall be fufficient to pay 
the faid taxes, and neceflary incidental charges, after poft- 
ing up notice thereof in two feveral oublic^laces in the 
teveral towns of Kittery and York, fourteen days prior to 
the lale, or caufmg the lame to be publiflied in one of the 
weekly newfpapers, printed at Portfmouth, New-Hampftiire 
tor the like fpace of time. 

Sect. 6, And he it further enaded. That for the purpofe 
ol reimburfing the proprietors the money by them expend- 
ed 111 building and fupporting faid bridge, a toll be, and Toi/ 
hereby is granted, to be coflecled and paid to fuch pcrfon 
as they fliali authorize and appoint to receive the fame, for 
their ule, vizj— For each foot paiTenger, one cent; for each- 
man and hone, four cents ; for each horfe and chaife fulkey ^^^" °'- 
or riding chair, eight cents ; for each fled, fleigh, wa'^^on o^ 
cart drawn by one beaft,> cents, and if drawn by two 
bealts, ten cents, and if drawn by more than two beafts, two 
cents for each additional one ; for neat cattle or horfes' two 
cents each ; for flieep or (sv'inc, four cents per dozen, and in 
that proportion for a lefs or greater number. And to each 
teani one pcrfon, and no more, to be allowed as a driver to 
pals free from toll; for each coach, chariot, phaeton,' or 
otner tour wheel carriage, drawn by two horfes (with the 
pallengers thcrcin)/A'/^^;2 cents, and if drawn by more than 
•wo horfes, iiventy cents. And tho faid toll may commence 



ro SPRUCE-CREEK BRIDGE COR. June 15, An. 1807. 

in one month after the faid bridge and the road leading 
thereto, ihall be finiflied and made pallablc ; and notice 
thereof communicated to the Court of Common Plea,-.' for 
the county of York. And at the place where the toll Ihall 
be received, there Iliall be conftantly expofed to open view, 
a board exprrffing the tollable articles, and the rates of toll 
aforefiiid, fairly and legibly written or printed thereon : 

Provifo. Pro-oided always, that no toll iliall be taken for the paflage 

of veflels through the fame, nor from perfons who mrty be 
palling, with a horfe or carriage, or on foot, to or irom 
public worfliip on the Lord's da> , or to or from any grift 
mill, or from any perfon or perfons paffing on military 
duty, or going or returning from fchools, or town or parifh 
meetings.— And the toll may be commuted with any cor- 
poration, perfon, or perfons, by taking of him or them a 
certain fum quarterly or annually, as may be mutually 
ao-reed on, in lieu of the toll ; and at all times when the toll 
receiver iliall not attend hi^ duty, the gate or gates fhall be 

Prohibition in left Open. And in cafe faid proprietors liiall neglecT: to 

cafe of neglect, keep laid bridge in good and fafe repair, on the fame being- 
made to appear to the tlourt of Common Pleas for the 
county of York, it ihall be in the power of the faid court 
to prohibit the proprietors from taking toll froni any per- 
fon paiung the fame, until it be put into inch repair as iliall 
bv iliid court be conlidered fuftkient. And the proprietors 
fhail be liabl- to pay all damages which may happen to any 

, . , , • r f perfon from whom the toll may be demandable, from the 

i.iablein caleoL r _ ..-r'li'j ju i/v^ 

infiifnciency or want of repan' or laid bridge ; and be alio 
fubjecl to the prelentment of the grand jury for neglefts 
and deficiencies, in fuffering faid bridge to be dangerous or 
unfafe for paflengers. 

SnCT. 7. And be it further enacted. That faid proprietors 

ihall, within fix months after the faid bridge ihall be com- 

pleted, file in the ofiice of the Secretary of this Common. 

wealth, an account of the expenfes that have arifen in 

building faid bridge. And alio 'annually exhibit to the 

Expenfeandin- Govemor and Council a true account of the income and 

cone to bo ex. divldeuds arifmg from faid toll, with their neceifary annu- 

A.bued. ^^ difburfements on the fame bridge. And the books of 

the iliid corporation ihall at all times be fubjeft to the in- 

fpeclion of a committee, to be appointed by the General 

Court, or to the infpeclion of the Governor and Council 

when called for. - 

Sect. S. A?id be it further enacted. That the General 
Court may diffolve the laid corporation, whenever it ihall 

appeal? 



PLAINFIED.—HEBRON ACAD. June 15, An. 1807. 171 

appear to their latisfaclion that the income ariling from the 
toll Ihall have fully compcniatcd the prc^pritLors tor ail the 
monies expended in building and keeping the faid bridge 
in repair, together with tivclvc per ant. by the year mtereit To become tlvs 
thereon. And thereupon the property or laid bridge Inail commonwealth 
be vetted in this Commonwealth : Provided always^ that if Proviio. 
tlie faid corporation ihall neglect to build and complete the 
faid bridge for the fpace of four years trom the palling of 
this aft, the fame fhall become void and of no eft'ecf. 
[This ad palled June 15, 1807-] 



CHAP. CXIX. 

An ad to incorporate the Dillrict of Plainfield, in the 
county of Hamplhire, into a town by the name of Plain- 
field. 

jjE // enaSledby the Senate and Houfe cf Repre- 
fentatives, in Ge?ieral Court ajfe7nbled, and by the authority of 
the fame. That the Dillricl of Plainfield, in the county of 
Hampfhire, with the inhabitants thereon, be, and they are 
hereby incorporated into a town by the name of Plainlieid, 
and the faid town is hereby veiled with all the powers, 
privileges, and immunities, which other towns do, or may 
enjoy, by the Conflitution and Laws of this Common- 
wealth. 

[This aa paffed June 15, 1807.] 



CHAP. CXX. 

An ad in addition to an act, entitled " An act to eilablifii 
an Academy in the town of Hebron, by the name of the 
Hebron Academy, and to create a corporation of truft- 
ees for the fame. 

W HERE AS, the truftees of fiiid Academy have prwmbic 
in their petition reprefented that they held a meeting on 
the fixth day of June, A. D. 1804, called purfuant to their 
aft of incorporation, and adjourned the fame to a then 
future day, at which laft time three only of the truftees at- 
tended, (live being neceilary to conftitute a quorum) and 
at fuch adjourned meeting further adjourned the fame, till 
a quorum met, when they proceeded to tranfaft tlieir necef- 
fary bufmefs : And whereas, the legality of their proceed- 
in crs 



Ttuftees to call 
•I meeting. 



172 BFXLE ISLE BRIDGE. June VJ, An. 1807, 

ings and doings, under fuch circumftanccs, may be here- 
after queftioned : 

Sect. 1. BE it enaded by the Senate and Houfe of Rep- 
refentatives^ in General Court ajfeniblcd^ and bf the authority 
of the fame. That any one of the trultees named in faid ad, 
be, and he is hereby authorized as foon as may be, to call a 
meeting of the truftees of faid academy, to be held at fuch 
time and place as he fliall fee fit to appoint ; and fhall give 
perfonal and written notice thereof to each one of the truf-, 
tees thirty days prior to the time appointed for holding the 
fame, and all votes and proceedings had and palled at any 
former meeting or meetings of faid truflees, held by an ad- 
journment made at any meeting held by three only of the 
truftees, faid votes and proceedings being laid before the 
meeting to be called as herein required, and by them 
approved and fanctioned, fhall be, and are hereby made 
as firm and valid as if they had been had and paffed at a 
meetino; held by faid truftees puriuant to their acl of in- 
corporation. 

Sect. 2. And he it further enacted. That in future, 
any three of faid truftees fliall and may conftitute a quorum 
for the purpofe of adjourning any future meetings, but 
not for tranfacling buiinefs ; any thing in the act to which 
this is an addition to the contrary notwithftanding. 
[This ad pafled June 1 9, 1 80?.] 



CHAP. CXXI. 

An ad to authorize Jofeph Ruffell to build a Bridge from 
Belle Ifle, formerly called Hog Ifland, within the Har- 
bour of Bofton, over a fait Creek, or w^ater pafTage, be- 
tween faid Ifland and the town of Chelfea. 

Sect. 1. ijE /V e^iacied by the Senate and Hoi fe of Rep' 
_ , refentativcs, in General Court affembkd^ and by the authority 
authorized. ^ of the fame. That Jofeph Rufl'ell be, and he is hereby author- 
ized to build a Bridge from Belle Ifle, otherwife called Hog 
Ifland, in the harbour of Bofton, to the town of Chelfea ; 
Pfovifo. Provided however, that the faid bridge fliall always be free, 
and that no toll fliall ever be demanded of any perfon for 
pafiing the fame. 

Sect. 2. And he it further enacted, by the authority afore- 

faid. That the legiflature fhall, at any future period, have 

the right to alter or amend this ad, by rendering the wa- 

'' . ' "' ters 



TURNPIKE COR. June \9, An. 1807. 17* 

ters paflable for fuch velTels as may navigate there, when- 
ever the General Court may think fuch alteration necefl'ary 
or convenient for the public. 

[This acl paffed June 19, 1807.] 



CHAP. CXXII. 



An aft, in addition to an act, entitled " An aci to incor- 
porate Royal Makepeace, and others, into a fociety foi' 
the purpofe of building a Meeting Houie, and fupport- 
ing public worfhip therein, in the eafterly part of Cam- 
brid«:e. 

Sect. I. jDE // enacted by the Senate and Hoiife of Rep' 
rcfentatives^ in General Court ajjembled^ and by the authority of 
the fame ^ That Royal Makepeace, Jonathan L. Auftin, and perfonsautho. 
Rufus Davenport, or any two of them, be, and they here- ized to call * 
by are authorized to call a meeting of faid fociety for the "^^^''"S- 
purpofe of choohng fuch officers as they are by law enti- 
tled to elect, by giving notice of the time and place of hold- 
ing faid meeting in two newfpapers, printed in Bofton, four 
days at lead before the time ailigned for holding fuch <% 

meeting. 

Sect. 2. And be it further enacted^ That at the faid 
meeting, or at any other meeting legally notified and hold- 
en for fuch purpofe, the faid fociety may appoint a com- 
mittee to fell and convey by deed, any, or all the pews now — '^^^ifpofetji 
belonging to the corporation, in fuch manner and on fuch 
terms as they may direct, and alfo to pafs all fuch by-laws 
for the regulation of their affairs, as may not be repugnant 
to the conftitution and laws of this commonwealth. 
[This aci paffed J««^ 19, 18()7.] 



CHAP. CXXIII. 

An act, in addition to an act, entitled " An act, in addi 
tion to an act, entitled an act to eflablifh a corporation 
by the name of the Bclchertown and Greenwich Turn- 
pike Corporation.'* 

JjE // enacted by the Senate and Hotife of Rep- 
refentatives^ in General Court affembled, and by the authority 
of thefame^ That a further time, until the firlt day of No- 
ember next, be allowed to faid corporation for completing 

thci^ 



TURNPIKE COR. June 19, An. 1807. 

their faid turnpike road ; continuing to the fame corpo- 
ration all the rights, powers and privileges ; and enjoining 
on them all the duties contained in the act to which this is 
an addition. 

[This a6t paffed June 19, 1807.] 



CHAP. CXXIV. 

An aft, in addition to an act, entitled '^ An act to eftabliih 
the Peterfliam and Monfon Turnpike Corporation," palf- 
ed February 29, A. D. 1804. 

jjE // enacted by the Senate and Houfe of Repre- 
fentaftves, in General Court ajjembled^ and by the authority of 
the fame ^'Vix-dX a further time or one year from and after 
the paffing of this act, be allowed to laid turnpike corpora- 
tion for completing faid road ; and for thi^ purpofe, the 
faid corporation ihall have all the powers, rights and privi- 
leges, and be fubjed: to all the duties, requirements, and 
penalties, contained in the act aforeiaid. 

[This act paiTed June 19, 1807.] 



CHAR CXXV. 

An act, in addition to an act, entitled " An ad to eftablifli 
the Biuehill Turnpike Corporation/'* 

XjE /'/ enacted by the Senate and Houfe of Repre- 
fentatives, in General Court affembled, and by the authority of 
the fame. That faid corporation be, and hereby are author- 
foV'efea^d! ized in lieu of the whole toil gate now erected on faid 
turnpike road, to erect two half toll gates on faid road, and 
to demand and receive at each of them, half the rates of 
toll that they are now authorized to receive at the one 
whole toll gate, already ereded on faid road, one of faid 
half toll gates to be eredted on faid road between Elbowhill 
(fo called) and the old road leading by the houfe of Na- 
thaniel Tucker, in Milton, the other half toll gate to be 
erefted on faid road, between the houfe of Elijah Vofe, in 
Milton, and the old road leading from Noah Reed's, to 
^rovUa, Quincy ; Provided vevcrthelcfs, that if laid corporation ihall 

at any time make an agreement with fuch perion or per- 
fons as ufually travel over only the north end of faid road, 

^•efpecting 



TURNPIKE COR- June 19, An. 1807. 

rclpecling their toll, then faid corporation may unite faid 
two half toll gates into one %v hole toll gate, to be ere<5ted 
on laid road, between faid Elbowhill, (fo called) and the 
houfe of Nathaniel Tucker aforefaid, and to demand and 
receive tlie fame rates of toll, that they now receive at the 
gate already on faid road : Provided alfo, that neither oi 
faid gates, lliall at any time be ereded on any part of faid 
road that is built on an old road. 

[This ad paffed June 19, 1807.] 



CHAP. CXXVL 

An acl to eftablifli the Bethlehem and Tyringham Turn- 
pike Corporation. 

ijE it enacted by the Senate and Houfe of Rep- 
rcfeniatives, in General Court affe?nbled, and by the authority 
of the fame ^ That Benjamin Baldwin, Elijah Benton, Ado- Perfonsmco: 
nijah Bidwell, Jofiah Brewer, Jofiah Brewer, jun. John Brew- P^'^^^e*^- 
er, Jofeph Brewer, jun. Jones Brewer, John Garfield, Giles 
Jackfon,Adonij ah Jones, Orange Judd, Robtrt Kilburn, 
Jabez Kingfberry, Abner Morley, Eleazer Rockwell, Ste- 
phen Sibley, John Sweet, Reuben Webb and Jofiah Webb, 
together with fuch others as have affociated or may here- 
after affociate with them and their fuccelTors and aflisfns, 
be, and they are hereby made a corporation by the name 
of the Bethlehem and Tyringham Turnpike Corporation, 
for the purpofe of laying out and making a turnpike road 
from the Tenth MalTachufetts Turnpike in Bethlehem, near 
the bridge north of the dwelling houfe of Samuel Bying- 
ton, and thence w^efterly in the moft direct and praclicable 
line, to near the dweUing houfe of Elijah Benton, thence in 
the beft direction to the dwelHng houfe of Jonah Webb, 
thence in the beft direction to the fouth lide of the dwell- 
ing houfe of John Sweet, thence to and in front of the 
dwelling houfes of Jofiah Brewer and Giles Jackfon, in Ty- 
ringham, thence in the moft direct and practicable Hlc to 
the fouth fide of the dwelling houfe of John Garfield, and 
between the dwelling houfe and ftore of David Wilmot, 
thence near the dwelling houfe of Jacob Mills, thence to and 
between the dwelling houfe and barn of Seth Morfe, in 
Great Barrington, thence to the ftore occupied by Bacon 
and Rogers, to the county road leading from Stockbridge 
to laid Great Barrington j and for this purpofe fliall have 

all 



76 TURNPIKE COR. June 19, An. 1807. 

rhe;rpowers& all the powers and privileges, and fnall alfo be fubjecl to all 
aiiviieges. the diities, requirements, and penalties, prefcribed and con- 
tained in an acl, entitled " An ad defining the general pow- 
ers and duties of turnpike corporations," pafled the fix- 
teenth day of March, in the year of our Lord one thoufand 
eight hundred and five. 

[This ad paffed June 19, 1807.] 



CHAP. CXXVII. 

An act to eftablifh a corporation, by the name of the Weft- 
ford and Lexington Turnpike Corporation. 

Sest, 1. oE it enacted by the Senate and Houfe of Repre- 
feniaiives, in General Court afjemhled^ and by the authority of the 
Pef fom mcor- fa?7ie. That Jonathan Heald, William Meriam, John Meri- 
3orate . ^^^^ Abel Abbot, Ifaiah Green, Nathan Heyward, Timothy 

Jones, and Oliver Read, jun, together with fuch others as 
have aflbciated or may hereafter aflbciate with them, their 
fucceifors and alllgns, be, and they hereby are made a cor- 
poration, by the name of the Weftford and Lexington 
Turnpike Corporation, for the purpofe of laying out and 
making a turnpike road from a ftone bridge, near the houfe 
of John Raymond, in the foutherly part of the town of 
Weftford, to the meeting houfe in Lexington ; and for this 
purpofe fliall have all the powers and privileges, and be fub- 
iecf to all the duties, requirements and penalties contained 
in an a6f, entitled " An acf defining the general powers and 
duties of turnpike corporations," pafled the iixteenth dav 
of March, in the year of our Lord one thoufand eight hun- 
dred and five. 

Sect. 2. Be it further enacted^ That the faid corpora- 
tion fliall be authorized to erecl on faid road, one gate, and 
Tporntion em- at the fame fliall be entitled to demand and receive like 
wcred. fatcs of toll, as are eftabliflied in the aforefaid ad j any law 

to the contrary notwithftanding. 

[This ad pafled June 19, ISOT.j 



chap: 



COURTS. ' June 19, An. 1807. 

CHAP. xr. 

An acl In addition to an acl, entitled " An a«5l: eftablifliing 
Courts ot General Seilions of the Peace," paffed the 
third day of July, in the year of our Lord feventeen 
liundrcd and eighty- two. 

Sect. 1. ^Y. it enacted by the Senate and Houfe of Repre' 
fZ'nta.'ives, in General Court affemblcd^ and by the authority of 
the fame ^ That from and after the fuil day of September 
next, the Courts of General SelTfons of the Peace in the j^j^.^^^^j^^^jl 
feveral counties in this commonwealth, fhall be holden by pointed, 
one chief, or lirft iullice, and by fo many affociate juilices 
as fhall be hereinafter mentioned, and no more, tor the 
feveral counties in fliid commonwealth, to be defignated 
and appointed by the Governor, with the advice of Coun- 
cil, who fiiail iiTue commifiions to them for that purpofe, 
accordingly, inftead of the fame being holden by the juftices 
of the peace of each county, and it (liall be the duty of the 
iuftices appointed as aforeiaid, to meet in their feveral 
counties, at the feveral times and places that now are or 
hereafter may be eftablifned by law for the holding of the 
leveral Courts of the General Scllions of the Peace. 

Sect. 2. Be it further enacted^ That the number of af- 
fociate iuftices to be appointed and defignated as aforefaid, Number of joii 
mr the leverai counties, mail be as follows, to wit : tor the county, 
county of Suftblk, four ; for the county of EiTex, fix ; for 
the county of Middlefex, fix ; for the county of Worcef- 
ter, fix ; for the county of Hampfhire, fix ; for the county 
of Berkfhire, four ; for the county of Norfolk, four ; for 
the county of Plymouth, four ; for the county of Brifi:oI, 
four ; for the county of Barnifable, two : for the county 
of Dukes County, two ; for the county of Nantucket, two j 
for the county of York, four ; for the county of Cumber- 
land, four ; for the county of Oxford, four ; for the coun- 
ty of Lincoln, four ; for the county of Kennebeck, fix ; for 
the county of Hancock, fix ; and for the county of Wafh- 
ington, two. 

Sect. 3. Be it further enacted. That the jufl:ices ap- Powers and , 
pointed as aforefaid, fliall have all the powers and privileges, '^"^^ ^^**" 
and do and perform ail the duties that the Courts of Gen- 
eral Seflions of the Peace now have and perform, in and by 
the act to which this is an addition. Provided always, that pfovifo. 
the jufi:ices to be appointed and defignated as aforefaid, 
fliall not be apnointed or ferve upon any committee for 

" Y the 



78 COURTS— TURNPIKl:. June 19, An, 1807, 

the laying out, altering or difcontinuing any road or high- 
way. 

- Sect. 4. Be it further enacted. That the juflices ap- 
pointed as aforefaid, and for the purpoie aforefaid, iliall re- 
jompenfation. ^eive for their fervice in faid court, three dollars by the 
day, each, during their aclual attendance on laid courts, 
and for their travel to the faid courts, the fum of two dol- 
lars for every ten miles travel, and in that proportion for a 
longer or fhorter diftance, to be paid out of the county 
treafury. 

Sect. 5. Be it further enacted^ That the faid juftices to 
, be appointed as aforefaid, fliail aUo have power to receive, 

examine, allow, and order to be paid out or the county 
treafury, any account, or fo much thereof, as may to them 
appear reafonable, for fervices done in any profecution, for 
any criminal offence, committed or prolecuted in any of 
iaid counties, where provilion is not already made by law, 
for the payment of any fuch fervices. 

Sect. 6. A?id- be it further enacted. That whenever it 
fhall happen that there is not a majority of faid juftices af- 
fembled at the time for holding the faid court, any one or 
more of faid juftices fliail have power to adjourn faid court,, 
until a quorum fhall be aflembled. 

[This ad palTed /z/;2^ 19, 1807.] 



CHAP. XIL 

An acl to eftablifTi the Mafliapog Turnpike Corporation, 

xSE it enacted by the Senate a^td Houfe of Repre-^ 

fentatives, in General Court affcmbled, and by the authority of 

'roprietors In- the fame. That Daniel Parker, George Gilbert, Ihomas 

orporated. Dauforth, Daniel Smith, Malon Cobb, John JMorfe, Lewis 

Morfe, and Benjamin Richards, jun. together with fuch 

' others as already have aflociated, or may hereafter affociate 

with them, their fuccelTcTS and affigns, be, and they are 

hereby made a corporation, by the name of the Mafliapog 

Turnpike Corporation, for the purpoie of locating, making 

and keeping in good repair, a turnpike road, from Norton 

meeting houfe, in the county of Briftol, to the third fchool- 

houfe, (fo called) in the town of Canton, in the county o£ 

Norfolk, on the moft direct and convenient route ; and for 

this purpofe, Ihall have all tlie powers and privileges, and 

iliall be liibjed to all tlie duties, requirements, and penaK 

ties* 



Preambte 



'BRIDGE. ' June 19, An. 1807. 17S 

ties, prcfcrlbed and contained in an acl, entitled " An 
acl defining the general powers and duties of Turnpike 
Corporations,'* paiFed the fixteenth day of March, in 
the year of our Lord one thoufand eight hundred and 
iive. 

[This acT: paffed /z/;2^ 19, 1807.] 



CHAP. XIIL 

An acl to incorporate Jofeph Newell, Ebenezer Niies, Ab- 
ner Gardner and others, for the purpofe of building a 
Bridge acrofs Mill Creek. 

Whereas application hath been made to this 
xourt, for permiilion to build a bridge over Mill Creek (a 
branch of Neponfet Rivei ) in the town of Dorchefter, in 
the courtty of Norfolk, and it appearing that a bridge over 
faid Mill Creek will be of public utility : 

Sect. 1. BE it enaded hy the Senate and Hovfe of Rep- 
refentativesy in General Court ajfembled^ and by the author- 
ity of the fame^ That Jofeph Newell, Ebenezer Niles, and pcrfons incor- 
Abner Gardner, together with their allociates, fucceffors, poratcd. 
and allign?., be, and they hereby are made and conflituted a 
x:orporation and body politic, by the name of the Proprie- 
tors of Commercial Point Bridge Corporation j and they 
hereby are made capable of fuein^, and being iued, and are 
and iliali be entitled to all the privileges, and. fubjeclcd to 
ail the penalties of bodies corporate, for the purpofes of 
building a bridge over faid Mill Creek, from Leed's Neck, 
io called, to Barque Warwick Street, fo called. 

Sect. 2. Be it further enacted^ That faid bridge fhall 
be conftrucfed with a draw, eighteen feet in width, fo that ^^^' 
yeflek of the large ft fize the water will admit, can conven- 
iently pafs through the fame. 

Sect. 3, Be it further enaded^ That the faid Jofeph 
Newell, Ebenezer Niles, Abner Gardner, and their aflb- 
ciates, fucceifars and afligns, are hereby authorized and em-Corporation em- 
powered to make by-laws, for regulatmg, managing and^"^^'^'^'^***- 
governing the concerns of faid corporation, and to make 
and ufe a common feal, and the fame to alter and renew at 
their pleafure. 

S^cT. 4. Be it further enacted^ That within three years 
from the paffingof this acl:, laid bridge fhall be built, made 

convenient 



ISO RELIGIOUS SOCIETY. June 19, An. 1807. 

convenient and fafe, and at all times free of toll, and paffa- 
ble, for the accommodation of travellers. 

Sect. 5. Be it further enacted. That the legiflature of 
this commonwealth Ihall, at all times hereafter, have the 
right to repeal any part of this acl, or to alter and amend 
it, fo as to facilitate the pafling up and d6wn the faid Mill 
Creek. 

[This aa paffed June 19, 1807.] 



CHAP. XIV. 

An acl to incorporate a number of the inhabitants of the 
town of Dorcheller, in the County of Norfolk, into a 
religious fociety, by the name of the Second Parifli in 
Dorchefter. 

Sect. 1. nE // enacted by the Senate and Houfe of llep- 
refentatives, in General Court ajfembkd^ and by the authority 
of the fame. That James Baker, Samuel Withington, Jofepli 
.... Clap, Ebenezer Withington, Samuel Temple, Stephen Bad- 
EnrofporateT^^^ lam, Edmund Baker, Samuel Richards, John Prefton, Ilaac 
Howe, jun. Jofeph Clap, juno Ebenezer Davenport, Ather- 
ton fucker, John Hawes, Stephen Pierce, John Capen,jun. 
Nathaniel S^^ift^ Jofeph Tolman, Ifaac Withington, Joleph 
Arnold, Robert P. Tolman, Edward Withington, Harry 
Smith, Samuel Capen, jun. Abel Wheelock, John Capen, 
Sd, Thomas Crehore, Jamos Robinion, Steplirn Robinfon, 
WiUiam Walker, Spencer Walker, W^jUiam Walker, jun. 
- Jofhua Glover, Charles P. L. Ptircivail, Richard Trow, Ed- 
ward Haynes, William Cox, Ifaac Crane, Benjamin Sim- 
•mons, Lemuel Shepard, BenjaiHin Burrill, Elenry K. Bailey, 
Ezra Badlam, John Buiiey, Mary Davenport, Samuel Leeds, 
jun. Mary Ingerfol, Samuel K. Spurr, Abigail Leeds, John 
i^i^>-htingale, Ezekiel Ilolden, Enclid ! ileiton. Patience 
Badlam, Benjamin D. Tolman, Jofeph Thompfon, Samuel 
Williams, Cyrus Brewer, Silas Eaton, William N. Baker, 
Jr;hn Barton, Thomas Briggs, Jonathan Pierce, Alexander 
Pierce, Samuel Bridge, Luther Smith, Anna Blake, Benja- 
min Pierce, WiUiam Furner, Jofeph Spear, Marvel Thayer, 
Thomas Tolman, Lemuel Pratt, Daniel Tower, Abfa- 
lom Herring, Samuel Franklin, James Kilton, Nathan- 
iel Newman, Reuben Blake, Grillin Child, William Fox, 
John Capen, 7th, Daniel Leeds, William Humphrey, Jofhua 
Pierce, Thomas Buffey, Barnabas Lothrop, Daniel Wheelock, 

David 



RELIGIOUS SOCIETY. June 19, An. 1807. 181' 

David Johnfon, Eleazcr B'lfpliam, Phinehas H. Mofley, 
Thomas Danforth, jun. Edward Capen, Edward Sharp, 
Jeduthun Onthank, Thaddeus Stetfon, William Dorr, 
Grizcl Dolbeare, Relief Vincent, Elizabeth Tolman, Oliver 
Jordan, David Spear, Elizabeth Kobinfon, Samuel With- 
ington, jun. J^Uis Thayer, George Baker, Thomas Jones, 
Henry Cox, Ezekiel lilefton, James Tolman, Luke I'rott, 
Edmund lilelion, Mark Hollingfworth, Deborah Trefcott, 
William Trelcott, John Capen, Joiliua Jones, Simeon Howe, 
Joiiah Randall, Spencer Goding, Edward Simmons, Bethu- 
el Allen, Sarah Henly, William Henly, Jonas Johnfon, 
Ebenczer Capen, Lewis Leafh, Ifaac .. Field, James M'ln- 
tofa, Sauiuel B. Pierce, John Mellilh, Ebenezer V. Lyon, 
Lemuel Withington, Abraham Pierce, Zenas Eaton, Samu- 
el B. Lyon, John Baker, Mary Jones, John Capen, 4th, 
Thomas Lyon, Jane Baker, William Tolman, Elizabeth 
Williams, Mary ivobinfon, Jane Withington, Daniel With- 
ington, Ebenezer D. Tilefton, Abraham Wheeler, Jonathan 
Pierce, jun. Ebenczer Clap, Samuel Leeds, 3d, Jofeph Foft- 
er, Sanmel Leeds, Samuel ToplifF, jun. Thomas lilefton, 
Sarah Soren, John Johnfton, William Bridges, Abigail M. 
Daniels, Abigail Baker, Elizabeth Janes, Benjamin Hich- 
born, John \\ hite, jun. Clarifla Kent, Mary Fowler, Eliza- 
beth Tilellon, the petitioners, v/ith fuch other inhabitants 
of faid town of Dorchefter, as fhall defire to unite witli 
them, and fignify the fame to the Clerk of faid town, at 
any time previous to the firft day of May next, be, and 
hereby are incorporated into a religious fociety, by the 
name of the Second Parifli in Dorchefter j with all the 
privileges, powers, and immunities, to which other religi- 
ous focieties in this Commonwealth are entitled by law. 

Sect. 2. Be it further enaded. That the polls and efcates Taxable 
of all fuch perfons who become members of faid fecond 
pariih, and what they Ihall refpeclively hold, or occupy, on 
the firft day of May annually, in faid town, fl^iall be taxable 
in faid fecond pariih, and in that only, for parochial pur- 
pofes. 

Sect. 3. Be it further enacted^ That any of the inembers Members at r.i 
belonging to the firft parifh, in faid Dorchefter, or that may eny to change 
hereafter belong to faid fecond parifli, defiring to change p^"^'"- 
their relation from one parifli to the other, fhall have full 
right and liberty fo to do, with their polls and eftates, at 
any time within one year from the pafling of this act of in- 
corporation of faid fecond parifh : Provided, they fhall fig- Frovlfo. 
nify the fame in writing, to the Clerk of faid town of 

Dorchefter, 



182 RELIGIOUS SOCIETY. June 19, An. 1807, 

Dorchefter, and Clerk of faid fecond parilh ; and they ihali 
be recorded by faid Clerks accordingly. 
Defcription of Sect. 4. Be it further enactedy That all young perfons in 
perfi^ns who f^iti town, whcn they attain to the age of twenty-one yearSj 
" '^ ^ '"* and all perfons who may hereafter lettle within the limits 
of the fame, and fhall defire to join the fecond parifli afore- 
faid, (hall have full liberty fo to do, at any time within 
twelve months from the time they attain to fuch age, or 
from the time of fuch fettlement, with their polls and et 
tates, by fignifying their delire in writing, to the Clerk of 
faid tov/n, and Clerjk of faid fecond parilh. 
Income and Sec T. -5. Be it further enacted^ That the income of the 

property to be miuifterial land, fo called, which v/as given and fet oif, for 
the ufe and maintenance of the miniftry, and the income of 
all other minift erial land and property, which fhall be ufed 
for the fupport and payment of the minifter or minillers of 
the gofpel, in the town, iliall be annually divided between 
the firft parilh, and faid fecond parifli, in proportion as the 
members of each parifli, coUe^ively, beL^.r to each other, 
in the State tax, which fhall be alTefled from time to time, 
to be annually compared and afcertained by the afi'eflbrs of 
I both pariihes, and to be drawn from the town treafury ac- 

cordingly. 
Non-readent Sect. 6. Be it further enadedj That all minifl:erial taxes 
v;flate3. affcfled and raifed within the town, on eftates beion^inof to 

non-relidents, fliall be divided between the lirft parilh an4 
the faid fecond parifli, in the ratio eftabliflied for the di- 
vilion of the income of the minifterial lands and funds. 
Piriib to draw Sect, 7- Be it further enacted^ That the members of faid 
irom the Treaf- £g^Qj^^j parifli fliall draw from the town treafury for the ufe 

Bjy tor a time. r i • r • i • • r i '^ i 

or their lociety, their proportion oi the amount or the mn - 
ifterial incom.e and taxes, according to their aflfeffments, 
when compared with the other part of the town, reckoning 
, from the hrfl; day of May laft, until they fliaU be enabled 

to aflefs themfejves, under the act of incorporation. 

And whereas, it is reprefented to this Court, that the 
South Meeting-Houfe in faid Dorchefl:er, was erected to ac- 
commodate the members of faid fecond parifli, for a place 
of public worfliip : — 
Proprietors au- Sect. S. Be it therefore enacted^ That the proprietors of 
tiiorized to con- fai J houfe, and land thereto belonging, be authorized and 
em.powered, by a committee choien at a legal meeting, call- 
ed for that purpofe, to convey the fame to the faid fecond 
parifiij under fuch regulations and conditions as they may 

agree 



v€v, 



IlELIGIOUS SOCIETY. June 19, An. 1807. 18;. 

agree upon, referving to individuals the pews owned and 
held by them refpeclively. 

Sect. 9. Be it further enacted. That the faid fecond par- Parochial ex- 
ifli be authorized and empowered, with the confent and J'^"''^* '" ^"^ 
agreement of the proprietors of faid Meeting-Houfe, or ^11^^'^'^" 
pews m the fame, firft being obtained at a legal meeting, to 
raife by alleffments, on faid pews, from tinje to time, ?uch 
fums of money as may be neceflary for the fupport or pay- 
ment of the falary of the minifter, or miniflers of the gof- 
pel, and other parochial expenfes ; or fuch part thereof, as 
may be agreed upon by the proprietors as aforefaid, to' be 
proportioned according to the original valuation of faid 
pews, made previous to the fale thereof by a committee. 
And if any proprietor or proprietors of a pew, Ihall neglect 
to pay any aiTeffments, which fliall be made as aforefaid, for 
lixty days after the time appointed for the pavment thereof 
the treafurer of faid fecond parifli fliaU be authorized to 

!tilV-'%'^J'M^"^^''^'^^^ ^^ '"Tv^^'^' delinquent pro- De,i„,.«^ 
prietor m faid Meeting-Houfe, at public audion, firft giving 
notice of the time and place of file, fourteen days at leaf^ 
before the time of fale, by pofting up a notification at the 
ealt door, and one at the wefl door, of faid Meeting-Houfe. 
And upon fuch fale, to execute a good and fufficient deed* 
or deeds, to the purchafer, or purchafers ; and after de- 
ducTiing the amount of faid affeflments, together with all 
the incidental charges, the faid treafurer fliall pay the fur- 
plus, if any there be, to fuch delinquent proprietor ; or the 
faid treafurer may leafe the fame, if found more expedient, 
under the fame regulations and reftric1:ions, for fuch time 
as fhall produce the amount of fuch alTelTments, and charg- 
es, and execute a leafe accordingly. 

Sect. 10. And be it further enacted. That a meeting of the 
faid fecond parifli, fliall be holden at faid South Meeting- T™^°fi^°W- 
Houfe, on the firft Monday of July next, at two of the ^"1 """' 
clock, in the afternoon, for the purpofe of choofmg a Clerk 
and other Officers, and exercifing fuch other powers as are 
provided by an act for regulating parifhes and precincts, 
and the officers thtreof, palfed June the twentv-eighth, one 
thoufand feven hundred and eighty-fix, and to agree upon 
a method of calling meetings of the parifh in future. 
[This ad paffed June 1 9, 1 807.] 



CtlAP. 



HARTFORD.— COURTS. J«« 20, An. 1 S07 . 

CHAP. XV. 

An aa annesino- a part of Plantation Number One, in the 
county o Oxford, commonly known by the name of 
Thomfontown, to the town of Harttord, m laid county. 

Be it enacted by the Senate and Houji of Repre- 
rentathes, in General Court afe>Med,and by the author ay of 
/few That a part of faid Plantation number One, to- 
tethwih he ^inhabitants thereon, as defcnbed wulun 
fhe following, bounds, be, and hereby are annexed to, and 
made a mrt'of faid town of Hartford, viz :_Begmnmg at 
Ae nortKcorner of faid Hartford ; thence fouth,e,gW- 

one decrees eaft, one hundred and feventy-f.x rods to a 
tree t^f rSi on he line of the town of Livermore ; thence 
norSur hundred and thirty-feven rods, on f-^ '-<= f 
Livermore to the town of Jay ; thence fouth, feven y de- 
tees weft,' two miles, one hundred and eighty rods, to the 
fortheXline of Hartford ; thence wefterly, on fa.d norther- 
r;ne of Hartford, about feventy rods, to the hneo lard 
Jnmher One- thence north, nineteen degrees well, thi ec 
SstoAe corner of Fox's Grant, fo called ; thence fouth, 

degrees eaft, on faid Hartford line, five mtles, two hundied 
^ !f.^Wrods to the bounds firft mentioned; and the 
f -d ifilnt hereby annexed to the t^^*^ "^fC'e 
fliall be entitled to all the privileges, and lubject to tne laii.^ 
duts afd requifitions as \e other inhabitants of he f:nd 
town, according to the conftitution and '."'= °* 7™ 
monwealth, and in as ample a "'»""?; as f they 
originally a part of the faid town o* ""ttord. 
[This acT paffed June 20, 180 /.J 

CHAP. XVI. 

An aa for fixing the time and place of holding the Court^ 
orCommon^Pleas,in the county of Dukes County. 
Sect 1. Re it enaaed by the Senate and Houfe ofRcprc- 
f^^in General Court ajetnbied, and by the authortty ofthc^ 



. .vMES ALTERED. Jims 20, An. 1807. ^85 

'/r. That from and after tlie pafTing of this acl, the Court Time of hold- 
Common Picas, within and i\jr the county of Dukes '"S courts, 
imty, fliall be holdcn at Edgartown, on the third Tuefday 
May, and on the iirfl: Tueiday of November, annually ; 
d that ail actions, appeals, recognizances, or other pro- 
s, that now are, or that may hereafter be commenced, 
fucd out, and returnable to the term of faid Court, 
lich, before the palling of this act, was to be holden at . 
' \il)ury, within and for the county of Dukes County, on. 
-^ lull Tuefday of October next, (liall be returnable to, 
tered, profecuted, tried, determined, and adjudged, at 
: term of faid Court to be holden by virtue of this a6t, 
.1! Edgartown, on the lirft Tuefday of November next. 

Sect. 2. Re it further enaded. That all laws heretofore ^ ,^ 

made, eftabliihing or altering the times and places of hold- 
ing the Courts of Common Pleas, v/ithin and for the coun- 
ty of Dukes County, be, and the fame are hereby repealed. 
[This acl: paffed June 20, 1807.] 



CHAP. XVIL 

An act to alter the names of certain perfons therein named. 

jjE // enacted by the Senate and Houfe of Repre- 
fentatives, in General Court affe?nbled, and by the authority of 
the fame^ That from and after the palling of this act, John 
Hayward, of Bofton, in the county of -uftolk, ftudent at 
law, Ihall be allowed to take the name of John White Elay- 
ward ; that Jonathan Sprague, of Boiton, aforefaid, phy- 
fician, fhall be allowed to take the name of John Sprague ; 
that John Wheelwright, of Bofton, aforefaid, merchant, be 
allowed to take the name of John Hall Wheelwright ; that 
M'Gregory Bumfide, of Andover, in the county of Elfex, 
Ihall be allowed to take the name of Samuel M. Bumfide ; 
that Habijah Weld Fuller, of Augufta, in the county of 
Kennebeck, attorney at law, be allowed to take the name 
of Henry Weld Fuller ; that Charles Vofe, of Gardner, in 
faid county of Kennebeck, merchant, be allowed to take the 
name of Robert Charles Vofe ; that Benjamin Tucker, of 
Dartmouth, in the county of Briftol, merchant, be allowed 
to take the name of Benjamin Ricketfon Tucker. And 
faid perfons fliall in future be refpectively known and called 
by the names which they are refpcdtively allowed to take 
Z as 



Names alt^reS, 



1S(> 



ATTORNEY-GENERAL, &c. 



June 20, An. 1807. 



nies to be ap- 
poiiited by the 
Legiflature. 



as aforefaid, and the fame fliall hereafter be confidered as 
tlicir only proper names, to all intents and purpofes. 

[This acjt paffed J««^ 20, 18^7.] 



CHAP. XVIII. 

An ad: refpecling the offices and duties of the Attorney- 
General, Solicitor-General, and County Attornies. 

Sect. 1. jjE // enaded by the Senate and Houfe of Repre- 
fentatives, in' General Court ajfemhled^ and by the authority of 
County Attor. the fame ^ That from and after the firil day of September 
next, the Attornies for the Commonwealth, in the feveral 
counties, lliall be appointed, commiffioned and fvvorn, in 
the fame manner as the Attorney-General and Solicitor- 
General are ; and it fhali be the duty of the faid County 
Attornies, within their proper counties, to appear and a6t 
in behalf of the Commonwealth, and of their laid counties 
refpei^ively, in all cafes in which the Commonwealth or a 
County may be a party, in the Courts of « ;om>mon Pleas, 
the Municipal Court, and the Supreme Judicial Court, in 
the abfence of the Attorney-General and Solicitor-General, 
and in fuch other profecutions in behalf of the Common- 
wealth, as may be pointed out to them by inftructions from 
the Attorney-General, or Solicitor-General ; Provided^ that 
the Attorney-General, when prefent, and, in his abfence, 
the SoUcitor-General, if prefent, &all, in any court, have 
the direction and controul of profecutions and fuits in be- 
half of the Commonwealth ; -^nd, provided a foy that nothing; 
herein contained, Ihall be conlf rued to excule the Attorney 
and Solicitor-General from attending to their official duties, 
as heretofore, in the Supreme Judicial Court. 

Sect. 2. Be it further enacted. That no Attoniey-General, 
Solicitor-General, or County-Attorney, Ihall receive any 
fee or reward, from or in behalf of ariy profecutor, for 
fervices in any profccution to which it fhall be his official 
duty to attend, or, during the pendency of fuch profecu- 
tion, be concerned, as counfel or attorney for either party^ 
in any civil action depending on the fame facts. 



P/'OVifo, 



— To receive 
no private re- 
ward for pub- 
lic fervice. 



[This acT paffcd June 20, 1S07.] 



CHAP, 



SCHOOL LANDS. ' /w«f SO, An. 1 807. "^SS^ 

GHAP. XIX. 

^n a<^ authorizing the fale of the School Lands in the 
town of Buckftown, to raife a fund for the fupport of 
Schools in laid town, ai;id for appointing truftees for 
thefe purpofes. 

Sect. 1. 15 E /V enacted by the Senate and Hcufe of Repre- 
fentatives, in General Court a[fembled^ and by the authority of the 
fame. That Caleb B. Hall, Ephraim Goodale, Abner Curtis, Tniffecs a^w 
Stephen Peabody, Mood Pilfoury, Jonathan Buck, and p°»'^^^'^- 
Daniel Buck, be, and hereby are appointed truftees, to fell 
at audion, the School Lands in the laid town of Buckftown, 
and put out at intereft the monies ariling from fuch fale, 
in manner hereinafter mentioned : And for that purpofe. 

Sect. 2. Be it further enaded. That the faid truftees be, — locorpomeS. 
and they hereby are incorporated into a body politic, by 
the name of The Truftees of the Buckftown Schools, in 
the county of Hancock : And they arid their fucceftbrs Ihall 
be, and continue a body politic and corporate by that name 
forever ; and they fliall have a Comnion Seal, fubjed to 
alteration at their pleafure, and they may fue and be fued 
in all acTiions, real, perfonal, or mixed, and profecute and 
defend the fame to final judgment and execution by the 
name aforelaid. 

bECT. 3. Be it further enafted. That the faid truftees and 
their fucceftbrs Ihall annually elecl a prefident, and clerk —To elect ^ 
£0 record the doings and tranfadions of the truftees at their eJrk/" 
meeting, and a treafurer, to receive and apply the monies 
hereinafter mentioned, as hereinafter directed, and any 
other needful officers for the better managing their bufi- 
jpefs. 

i Sect. 4. Be it further enacted. That tho number of 
itruftees fliall not, at any one time, be more than feven, nor 
iefs than five ; any five of their number to conftitute a — Numbei lim-. 
quorum for tranfacting bufmefs ; and they fliall, and may, "^^* 
from time to time, fill up vacancies in their number, which 
may happen by death, reftgnation, or otherwife, from the 
inhabitants of faid town ; and fliall have power to remove 
any of their number who may become unfit and incapable 
from age, infirmity, mifconducf, or any other caufe of dif- 
charging their duty, and fupply vacancies fo made by a new ..irn^po^ere^ 
choice from the town aforefaid ; and the faid truftees fhall to mi vacantiey 
innually hold a meeting in March or April, and as much 
aftener as fliall be found necefl'ary to tranfact their necef- 

fary 



188 



SCHOOL LANDS. 



June 20, An. 1 SO' 



-w-Authorizcd 
to convey lands 



Appropriation 
of monies. 



—Of the in- 
tereft. 



Treafurer to 
sive bonds. 



Truftees com- 
penfated. 



— ^To exhibit 
iinnii.ll Itate- 
oicnts. 



fary bufinefs, which meetings after the firft, fhall be called 
in fuch a way and manner as the truftees fliall hereafter 
direct. 

Sect. 5. Be it further enacted. That Caleb B. Hall, Efq, 
be, and he hereby is authorized to fix the time and place 
for holding the firfl meeting of the truftees, and to notify 
each truftee thereof. 

Sect. 6. Be it further enacted. That tlie faid truftees be, 
and they hereby are authorized to fell and convey, in fee 
limple, all the School Lands belonging to faid town, and 
to make, execute, and acknowledge, a good and fufficient 
deed or deeds thereof, which deed or deeds, fubfcribed by 
the name of their treafurer, by direftion of faid truftees, 
with their feal thereto aflixed, fhail be good, and eft'"clual 
in law to pafs and convey the fee ftmple from faid town to 
the purchafer, to all intents and purpofes whatfoever. 

Sect. 7. Be it further enaded. That the monies ariftng 
from the fale of faid lands, and for tlie ufe of fchools in faid 
town, fhall be put to uf3 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 fuflicient fureties with 
the principal, unlefs the truftees fhall tiiink it bcft to inveft 
the lame in public funded fecurities, or Bank flock, which 
they may do. 

Sect. 8. Be it further enacted. That the intereft arifmg 
from faid funds fhall be annually appropriated for the ule 
of public fchools in faid town ; and it fiiall never be in the 
power of faid town to alter or alienate the appropriation of 
the fund aforefaid. 

Sect. 9. Be it further enacted. That the treafurer of the 
truftees fliall give bonds faithfully to perform his duty, and 
to be at all times refponfible for the faithful applications 
and appropriation of the monies that may come into his 
hands, conformable to the true intent and meaning of this 
act, and for all negligence, or mifconducl of any kind in his 
office. 

Sect. 10. Be it further enacted. That the truftees, or 
their officers, for the fervice they may perform, fliall be en- 
titled to no compcnfation out of any monies ariiing from 
the fund aforefaid ; but a reafonable compenlation lliall be 
paid them by the town aforefaid. 

Sect. 11. Be it further enacted. That the faid truftet 
and their fucceflbrs, fhall exhibit to the town^ at their an-J 
nual meeting, in March or April, a regular and fair ftat£-> 



ment of their doings. 



SectJ 



ACADEMY* June 10, An. 1807. IH' 

Sect. 12. Be it further enacted. That the (aid truftees, 
and each of them, fliall be refponfible to the town for their ~Jj"j,|j.^ "^' 
pcribnal negligence or miiconducl, whether they be officers 
or not, and liable to a fuit for any lol's or damage arifing 
thereby ; the debt or damage recovered in fuch luit, to be 
for the uie aforelaid. 

[This ad palled June 20, 1807.] 



incoi 



CHAP. XX. 

An act for eflablifhing a corporation, by the name of the 
Newburyport Academy. 

Sect. 1. r>E it enacted by the Senate and Houfe of Rep- 
refentatrocs^ in General Court affimbled^ and by the authority of 
the fame, Tiiat Jofliua Carter, Daniel Dana, James Morfe, -p^iiom 
Richard Pike, Edward Rand, Thomas M. Clark, Samuel porated. 
A.Otis, Jon ithan Gage, WilHam Woart, Edward St. Loe 
Livermore, together with fuch perfons as are, or hereafter 
may be affociated with them, and their fucceflbrs, lliall be a 
corporation by the name of th*" Newburyport Academy, and 
by that name may fue and be fued, plead and be impleaded, 
and may have a common leal, and may purchafe and hold real 
eilate, provided the fame fliall not exceed thirty thoufand 
dolbrs in value, excluiive of any buildings for the imme- 
diate ufe of faid Academy, and may eftablifli a fund 
for the ufe of faid Academy, provided the annual income 
fhall not exceed ten thoufand dollars, and may, at any legal 
meeting, make and eftablifli rules, orders, and by-laws, for 
the well ordering and governing the affairs of faid corpora- 
ti >n, Provided the fame are not repugnant to the laws of provjfo 
this Commonwealth ; and may annex penalties for the 
breach of any fuch rules, orders, and by-lav/s, provided the 
fame ihall not exceed five dollars ; and faid corporation are 
hereby veiled with all the powders neceflary for carrying in- 
to effect the purpofes of this art. 

Sect. 2. ^f /> ^vrz'A^r f«^f;V^, That the property of the 
faid corporation fhall be di/ided into fifty fhares, and the Propenydh 
proprietors of fucii liiare.-^, at any legal meeting, may by '" ^^''^''"" 
vote determine the difpofition or appropriation of the prop- 
erty of faid corporation, and may make affeiTments upon 
the {hares for the ufe of fiiid corporation, and the fame col- 
lect in fuch way and manner as may at fucli meeting be 
agreed upon, and all votes ihall be determined by a major- 
ity 



50 COURTS OF GEN. SESS. June 20, An. 1807. 

ity of the voters prefent, counting one vote for each Ihare ; 
provided no one member ihall have more than five votes j 
and tlie ihare or fhares of any proprietor, who fhail be de- 
linquent in paying any aircflment, may be fold at auction 
for the payment thereof, by the perfbn appointed to col- 
lect the fame, giving fifteen days notice in fome public 
newfpaper printed in Newburyport, of the time and place 
of fale, and after paying the alVeffment and all the neceffary 

eUnquentj. incidental charges, the overplus money, if any arifing from 
the fale, fhall be paid to the delinquent proprietor, and the 
fhares in faid corporation iliall be deemed perfonal eftate, 
and not real ; and fhall be fo diftributed, in cafe of the 
death of any proprietor, and ftiall be liable to attachment, 
ppropnauon. ^^j payment of debts, in the fame way and manner which 
is provided for by the " Att directing the mode of attach- 
ing on mefne procefs, and felling by execution fhares of 
debtors in incorporated companies," and the proprietors 

J may eftablifh the manner of transferring the fliares in faid 

B corporation. 

S Sect. 3. Be it further enacted. That faid corporation 

may choofe and appoint all fuch neceflary officers as by their 
by-laws they may eilablifli for fuch term of time. 

Sect. 4, Be it further enacted, Th2il ]o{km2iC2Xt.er, ILicy 
be empowered to call the firft meeting of faid proprietors, 
rft meeting to by giving at leaft fifteen days notice by advertifing in the 
: called. Newburyport Herald, and no vote of the proprietors, at 
any meeting ihall be deemed valid, except the fubjed mat- 
ter thereof be inferted in the notification for calling tha 
meeting. 

[This aa paired June 20, 1807.] 



CHAP. XXL 

An aft to eftablifli the times and places for holding the 
Courts of General Seilions of the Peace, within and for 
the feveral Counties in this Commonwealth, and for re- 
pealing all laws heretofore paffed for that purpofe. 

Sect. 1. 1>E it enaBcd by the Senate and Houfe of Reprc- 
fentailvcs, in General Court ajfcmblcd, and by the authority of 
%T3 repealed, the fame. That all laws heretofore made and paffed, for fix- 
ing the times and places for holding the Courts of Gen- 
eral SelTions of the Peace, within and for the feveral coun- 
ties in this commonwealth, uiall be, and the fame are 

hereby 



COURTS OF GENT. SESS. /««. 20, An. l807. I9i 

hereby repealed, from and after the firll day of Septem- 
ber next, at which time this acl is to operate and be in 



force. 



Sect. 2. And he it further enacted. That the Courts of 
General Sellions of the Peace, to be holden within and for 
the leveral counties m this commonwealth, fliall be holden Tin^e &piac« 
at the ieveral tmies and places hereafter mentioned, that is «f '^"Wing 
to lay : Suffolk— within and for the county of Suffolk, at '"""'' 
i3oflon on the firfl Tuefday of January, the third Tuefday 
ot April the lirll Tuefday of July, and on the firfl Tuclday 
m Odober. Elfex—for the county of EHex, at IplVich, 
on the fecond Tuefday of' April, and on the fecond Tuefday 
■otOa-ober. Middlelex— for the county of Middlefex, at 
Cambridge, on the lirfl Tuefday of January, and at Con- 
cord, on the third Tuefday of September.' ' Worcef^er— 
f^r the county of Worcefter, at Worceller, on the fecond 
Tuefday of March, and on the fecond Monday of Septem- 
ber. Hampfhire— for the county of liampfliire, kt North- 
ampton, on the third Monday of January, and on the Mon- 
day next after tlie fourth Monday in Auguli. Berki^iire— 
for tiie county of Berklhire, at Lenox, on the fourth Mon- 
day of Auguft, and the l^ft Monday in December. Nor- 
toik--..or tne county of Norfolk, at Dedham, on the fourth 
Monday of April, and on the third Monday in September. 
llymouth--for the cGumy of Plymouth, ^t Plymouth, on 
the third lueldayot March, and the firfl Tuefday in Av, 
•gull. BriftoWor the county of Briflol, at Taunton, on 
thefourthWednefday of March, and the fourth Wednef- 
day of September. Barnflable—for the county of Barnfta- :] 

}^'' f 5^'"i'^^^^ °^ ^^^^' ^^^'- i ^^^d^y «f March, and on the 
third Tuefday m September. Dukes County— for the 
county of Dukes County, at Edgartown, on the third Tuef- 
day of May, and on the firft Tuefday of Noyember Nan 
^cket— for the county of Nantucket, at Nantucket, on the 

the firft Tuefday of October. York-for the county of 
lork at York, on the Thurfday next preceding the third 
Monday m April ; at Alfred, on the 'ihurfday next pre- 
ceding the fecond Monday in September. Cumberland- 
tor the county of Cumberland, at Pordand, on the fourth 
Juefday of March, and the firft Tuefday in September. 
.;Lmcoln— for the county of Lincob, at Warren! on the 
Monday, next following the fecond Monday of January ; at 
Jat of m' ""^ "^^^f^ ^^'ext following the fecond Mon- 
<;lay of May j at lopiham, on the Monday next following 

tho 



92 



PHILLIPS ACADEMY. 



June 20, ^n. lSor« 



the fourth Monday in Auguft. Kennebeck — for the county 
of Kennebeck, at Augufta, on tho laftTuelday of A-pril, and 
the lirft Tuefday in Decen.'ber. Oxford — for the county 
of Oxford, at Paris, on the third Tuefday of March, and 
on the firil Tuefday of September. Hancock — for the 
county of Hancock, at Caftine, on the fecond Tuefday of 
May, and the third Tuefday in November. Wafliington 
— for the county of Waihington, at Machias, on the third 
Provifo. Tuefday in Auguft. Provided ncverthckp^ that the d ly of 
the week on which any of the faid courts are refpectively 
to be holden as aforefaid, may, in I'.ll judicial proceedings, 
from time to time, be defignated and expreil'ed, by fuch 
day of the week in the month, as will be ti»e day on which 
any court is to be hoklen, purfuant to the foregoing ar- 
rangements. 

Sect. 3. Be it fvriher enacied. That all com.plaints, 
warrants, venires, fummonfes, capias attachment, of what 
name or nature foever, and all ma*:tcrs and things, after 
this acl: fhall be in force, be returned to, entered at the fev- 
eral Courts of General Sellions of the Peace, at the times 
?arties to appear, and places heretofore by law appointed; and all parties 
and perfons that may be required or directed to appear and 
attend, after that time, at the aforefaid times and places ; 
and all procelles, matters, fuits, or com.plaints, that may be 
pending in any of faid courts, at the time when this a6f 
ihall take place aad be in force, fnall be returned to, enter- 
ed, appear and attend, have day, be tried and determined, 
in the faid Courts of General Selfions of the Peace, at the 
refpective times and places fixed and eftablillicd for holding 
the faid courts, accordmg to the true intent and micaning 
thereof. 

Sect. 4. Be it further enacted^ That this acl fliall be in 
force from and after the firft day of September next. 
[This aa paffed June 20, 1807.] 



Limitation. 



Preamble. 



CHAP. XXIL 

An act in addition to an a6t, entitled " An act to incorpo- 
rate the Truftees of Phillips Academy, in Andover.'* 

Whereas, the truftees of Phlllips Academy 
have petitioned this court for liberty to receive and hold 
donations of charitably difpofed perftms, for the purpoie of 
a theological inftitution, and in furtherance of the defigns 

of 



FISHERY. June 20, An. 180V. r>>:i 

'of the pious founders and benefa6lors of faid academy. 
And wlicrcas it is reafonablc that the prayer Ihould be 
granted : » 

BE it enabled l>v the Senate and Houfe of Reprefentatives^ 
in General Court a/pmbled, and by the authority of the fame. 
That the faid truftecs of Phillips Academy, be, and they are 
hereby empowered, to receive, purchafe and hold.^ for the 
purpofcs aforefaid, real and perfonal eftate, the annual in- ^^''^P^'y ^'^'^'^^ 
come whereof fliall not exceed five thoufand dollars, in ad- 
dition to what they are now allowed by law to hold, pro- 
'uided^ the income of the faid real and perfonal eftate, be 
always applied to faid objects, agreeably to the will of the 
donors, if confident with the original dclign of the found- 
ers of the faid academy, 

[This ad paffed June 20, 1807.] 



CHAP. XXIII. 

An act to regulate the Alev/ive liiliery in the town of Brii'- 
tol, in the county of Lincoln. 

Sect. 1. JjE it enacted by the Senate and Houfe of Rep- 
rcfcntatives, in General Court ajfe?nbled, and by the authority 
of the fame ^ That it (hall and may be lawful for the town 
ofBriftol, in the county of Lincoln, annually, at any legal ^'"viiege, 
meeting of the inhabitants of faid town, to fell or other- °'^'*"* 
wife difpofe of the privilege of taking the filh called Ale- 
wives, in any river or place within the limits of faid town, 
not exceeding three days in each week, under fuch regula- 
tions as the faid town fhall direct ; and the emolument arif- 
ing from faid privilege Ihall be appropriated by faid town 
to fuch purpofes and ufe as the inhabitants thereof ftiall in 
town meeting from time to time determine. 

o 

Sect. 2. And he it further enacted. That if the pur- 
chafer or purchafers, manager or managers of the faid priv- 
ilege, or thofe employed by them, fliall prefume to take 
any of the faid (ilh at any other time or place in faid town, 
than Ihall be determined by faid town ; aad if any other penalty, 
perfon whatever (hall prefume to take or catch any of faid 
tilh in any river or ftream within the boundaries of faid 
town, without permifTion from the inhabitants thereof in 
legal town meeting; he or they fo offending, (hall for each 
offence, forfeit and pay a fum not exceeding thirteen dol- 
A a I'irs, 



,94 



FISHERY. 



June 20, An. 1 807'<. 



Coniniittes 
pointed. 



I 



lars, nor lefs than one dollar, at the difcretion of the juflice 
before whom the offence (liall be tried. 

Sect. 3. And be it further enaSlcd, That the faid town 
oi Briftol fliall, at their annual meeting in March or April, 
^ choofe a committee, not exceeding feven, nor lefs than 
three freeholders of faid town, who fhall be fvvorn or affirm 
to the faithful difcharge of the duties enjoined upon them 
by this acl ; and it fhall be the duty of the faid committee 
to caufe the natural courfe of the rivers or flreams, through 
which the faid fifli fliall pafs, to be kept open and without 
obflruclion during the whole time the faid fifh pafs up and 
down faid rivers or ftreams in each year, and remove any 
iiich obllruclion as fhall be found therein ; and the faid 

ir^c!'^'^ P"^^" committee, or a majority of them, in the difcharge of their 
*■ " duty, fhall be permitted at all times, to go upon and pafs 

over the lands of any perfon through or by which laid riv- 
ers or flreams run, without being confidered as trefpafTers, 
and any perfon who ihall hinder or moleft the faid com- 
mittee in the bufinefs of his or their office, or fhall obRrud: 

I any paflage way in any of the faid rivers or ftreams other- 

wdfe than may be permiitted by faid committee, or a major- 
ity of them, he or they fo offending, fiiali forfeit ard p?.y 
for every fuch offence, a fum not exceeding thirteen dol- 
lars, nor lefs than one dollar, at the difcretion of the jufrice- 
before whom the fame fhall be tried : Froi'ided nevcrihelefsy 
that nothing in this aft fliall be confidered as authorizing 
the faid committee to injure the proprietor of any lards, 
mills, or water works, further than is neceflary to give the 
faid fifh a good and fufficient paffage up and down the riv- 
ers and flreams aforefaid. 

Sect. 4. And he it further enacted^ That it fhall be 
the duty of the fifh committee appointea by faid town, to 
profecute for all breaches of this aft, and for any one of 
them to feize and detain in their cuflody, any net which 
may be found in the hands of any perfon ufmg the fame 
contrary to the true intent and meaning of this aft, until 
the perfon fo offending makes fatisfaftion for his offence, or 
is legally acquitted therefrom ; and alfo to feize to the ufe 
of faid town all fuch fifli as they fhall have taken contrary 
to the proviHons of this aft. 

Sect. 5. And he it further enacted. That all the penal- 
ties incurred by any breach of this aft fhall be recovered by 

low aiipropri- an aftion on the cafe, or by an aftion of debt, before any 
juflice of the peace witliin and for the county of Lincoln, 
allowing an appeal to the next Court of Common Pleas to 

be 



J'roviiVn 



I'eiiahies. 



Ke<i' 



TURNPIKE COR. ' ^ Ji/w^ 20, An. 1 807. 

be holden in and for fiid county ; and all fums of money 
rccovered in coni'equence of any breach of this act, fhall he 
to the ufe of faid town, and no perfon by reafon of his be- 
ing one of fliid committee, or an inhabitant of faid town, 
fliall be thereby difcjiuaUfied from being a witnefs in any 
profecution or fuit for the breach of this ad. 
[This acT: paOed June 20, 1807.] 



CHAP. XXIV. 

An acl to eftablifli the Sturbridge and Weftern Turnpike- 
Corporation. 

vSec r. 1. Be // ejiactcd by the Senate and Houfc of Rep- 
refentatives, in General Court affemhled^ and by the authority ^^^^^^^ j^^., 
.of the fame. That Abijah Brown, Samuel Blair, Jofeph Field, porated. 
Daniel Hodges, Jedediah Marcy, Edward Morris, Daniel 
Morie, Timothy Newell, Oliver Plimpton, Gerfliom Plimp- 
ton, jun. Harvey Sefllons, Alpheus Wright, David Wright, 
jun. and Thomas Upham, together with fuch others as al- 
ready have, or may hereafter affociate with them, their 
fucceffors, or afligns, be, and they are hereby made a corpo- 
ration, by the name of the Sturbridge and Weftern Turn- 
pike Corporation, for the purpofe of laying out, making, 
and keeping in good repair a turnpike road, from the lln^ 
of the State of Connecticut, in the beft direction through a 
corner of Dudley to Sturbridge, by the meeting houfe of 
the Poll Parifh, I'landing near the dwelling houfe of the late 
Colonel Benjamin Freeman, thence to, or near the Baptift 
meeting houfe in Sturbridge, thence to the centre meeting 
houfe in Sturbridge, and from thence, fo as to meet, and 
connect with the turnpike road in Weftern. 

ScT. 2. Ajid be it further enacted. That Salem Towne, 
Abner Brown, and Benjamin Drury, Efquires, be, and they Coma^tteeap 
are hereby appointed a committee to locate the faid road, ^°'" 
and to iix and mark the fame, in the courfe before defcrib- 
ed, at their difcretion. And in cafe there fliould be any 
obllructions from buildings or other caufes, which may pre- -.Empower: 
vent a ftraight line, the laid committee fhall in fuch cafe, 
have power fo to vary the line as to avoid fuch obftruc- 
tions, provided that the faid road fliall not be lefs than three 
rods wide in any part thereof. And the faid committee 
are hereby empowered to affefs fuch damages, as any indi- 
vidual may fuftain, by reafon of laying out and making faid 

rpad, 



I 

. >G NORTHBORO'. June 20, An. I8O17. 

road, when the corporation and fuch individual cjinnot 
agree, rcferving to cither party the right of trial by jury, 
according to the law, which provides tor the recovery of 
I— To make re- damages, accruing by laying out of public highways ; and 
jturn. when the faid committee have completed their bufinefs, 

tliey Ihail make return to the next Courts of General Sef- 
lions of the Peace, to be holden in the counties of Worcef- 
ter and Hampfliire, of the courfes and diftances, and the 
damages alleifed in each county ; which fhall have the 
fame efte'cV, as though the fame had been done by the com- 
mittee appointed by faid courts, for the fame purpofes ; 
and that the expenfe of the faid committee fliall be paid by 
the faid corporation. 

[This ad paffed Jwie 20, 1 8Q7.] 



CHAP. XXV. 

An act to fet off Jonas Bartlett and Jonas Bartlett, jun. 
from the town of Marlboro', and to annex them to the 
town of Northboro*. 

Sect. 1. dE // enacted by the Senate and Uoufe of Rep^ 
refe?itativcs, in General Court ajfembled, and by the authority 

bcrfons fet off- oftbefame^ That Jonas Bartlett, and Jonas Bartlett, jun. 
with their families and eftates, be, and they are hereby fet 
off from the town of Marlboro', in the county of Middle- 
fex, and annexed to the town of Northboro', in the coun- 
ty of Worcefter, by the following defcribed lines, viz. Be- 
ginning at a ftake on the line between the faid towns of 
Marlboro' and Northboro', at the northwell corner of the 
meadows belonging to Colonel Luke Drury, thence eaft 
forty-one degrees north, forty-two and an half rods to the 
northeail corner of faid meadow, thence north fix degrees 
eaft, one hundred and eleven rods, to a ftake and ftones 
on the foutherly ftde of a town way, thence weft, five de- 
grees north, nine rods, thence weft, thirty-four degrees 
north, thirty rods, thence weft, twenty-fix degrees north, 
ftxty-three rods, thence Vv'eft, thirty-five degrees north, 
twenty-eight rods, thence weft, forty-three degrees north, 
ninety rods, to a heap of ftones, thence weft, thirty degrees 
north, twenty-feven rods, to a ftake and ftones, on the eaft 
line of the town of Northboro'. And the faid families and 

' eftates, hereby annexed to the faid town of Northboro*, 

Ihall hereafter be confidcred inhabitants of the faid town, 

find 



EPISCOPAL SOCIETY. June 20, An. 1807. 1£^7 

and (liall there excrcife and en^oy all tlieir civil rights and 
privileges, and Ihall alio be fubjecl to all their civil duties 
and requilicions, in like manner with the other inhabitants 
of the laid town. Provided however^ that the faid Jonas 
Bartictt and Jonas Bartlett, jun. Ihall be holden to pay their 
due proportion of all money granted, or which may be 
granted by thefaid town of Marlboro', prior to the pafling 
of tills act. 

Provided alfo, that any perfon having heretofore gained provifo, 
a habitancy on the faid land, and who may hereafter be- 
come a town charge, Ihall receive their fupport in and from 
the faid town of Northboro'. And it is further provided^ 
that the laid inhabitants with their lands hereby annexed 
to the laid town of Northboro', fhall hereafter be confider- 
ed as belonging to the county of Worcelter, and the line 
hereinbefore defcribed (hall be, fo far as relates to this act, 
the boundarv line between the counties of Middlefex and 
Worceiler. 

Sect. 2. And be it further enacted^ That there fhall 
be taken two cents from the town of Marlboro', in the 
State valuation, and added to thetown of Northboro', which 
iliail be the rule for affelling the fiiid towns for Hate and Future rule of 
county taxes, until there fliall be a new ftate valuation ^'^''^'"^"t; 
taken. 

[This ad paffed June 20, 1 807.] 



CHAP. XXVI. 

An ad in addition to an ad, entitled " An ad incorporating 
certain perfons in the towns of Lenox, Lee, Stockbridge 
and Pittslield, in the county of Berklhire, by the name 
of the Proteftant Epifcopal Society of Lenox," and to 
annex certain other perfons thereto. 

Sect. 1. \j¥. it enacted by the Scjiate and Houfc cf Rcprc- 
fentatives, in General Court ajpmbled, and by the authority of 
thefajue, I'hat Jofeph Abby, John Atkins, Ichabod Benton, Perfons fet oir 
Jeremiah Buck, Samuel Cooper, John Dove, Benjamin 
Hamilton, Hezekiah Hays, Jol^ph Holland, John Lumley, 
Amos Mansfield, Jofeph Randall, David Savage, Allen 
Smith, Pryphena Stone, and Wilham Wells, all of Stock- 
bridge ; Salmon Andrews, Abel Avery, Daniel Butler, Je- 
thro Butler, jun. Daniel Collins, Stephen Cruttenden, Sam- 
uel Palley, jun. Samuel Gray, Edward Hatch, David Hub- 

by. 



' 3 98 EPISCOPAL SOCIETY. June 20, An. 1807, 

by, Mofes Merwin, Calvin Perry, Daniel Policy, Jofcph 
Piefby, Calvin Scars, Ai'ahel Sprague, Oliver Stedman, 
Henry Taylor, [oleph Tucker, Ira Warrener, Warren War* 
rener, John Whitiock and Daniel Williams, jun. ail of Len- 
I ox ; and Hannah Hubby, of Pittsfield, together with their 

families and eitates, be, and they are hereby annexed to 
the Protelfant Epifcopal Society of Lenox, for parochial 
purpoi'es only. And the feveral perfons before named, fliall 
hereafter be exempted from taxes for the fupport of the 
minifter, in the feveral towns where they now dwell, fo 
long ab they continue members of the faid Epifcopal fociety. 
And the faid feveral perfons hereby annexed to the faid fo- 
ciety fhall, with the other members, be equally entitled to 
all the privileges, and fhall alfo be fubject to all the duties 
and burthens of the faid fociety, and Ihall in all refpedls be 
confidercd as members of faid Epifcopal fociety, in as full 
and ample a manner, as if they had been originally incor^ 
porated therewith. 
H Sect. 2. Be it further enacted^ That any perfon, in ei- 

* ther of the towns aforelaid, who may delire to join faid E- 

€ondit;ons of pifcopal focict) , and fliall declare fuch intention in writing, 
joming the fo- |-Q |3c (delivered to the clerk of the town, where he or Ihe 
^" ^" may refide, and alfo a copy of the fame, to the clerk oi the 

fociety, with which fuch perfon has been connected, before 
the iirft day of March, and fhall produce a certiiicate, hgn- 
ed by the minifler or wardens of faid Epifcopal fociety, 
that fuch perfon has united with faid fociety, fuch perfon 
fliall, from and after the date of fuch certiiicate, be conhder- 
ed with his or her polls and eitate, a member of faid Epif- 
copal fociety. 

Sect. 3. And he it further enacted. That when any 
In cafe of leav- member of the faid Epifcopal fociety fhall fee caufe to leave 
ing and joining the fame, and to miite with any other rehgious fociety in 
the town where he or flie may dwell, fliall give notice of 
fuch intention in writing to the clerk of the town, and copies 
of the fame to the clerk of the faid Epifcopal fociety, and 
to the clerk of the fociety with which fuch perfon defires to 
join, and fhall produce a certiiicate, figned by the minifter 
or clerk of fuch fociety, that fuch perfon has united with 
the iliid fociety, fuch perfon Ihall, from the date of fuch cer- 
tificate, be conlidcred, with his or her polls and elbite, ^ 
ftrovlfo. member of faid fociety : pro'vided however, that in all fuch 
i cafes as may happen under the proviiions of the fccond and 

third fc6lions of this ad, any and every perfon leaving a fo- 
ciety, and uniting with another, fuch perlcn fliall always be 

holdcn 



VALMYRA. ' 'June 20, An. 1807. iS^ 

liolden to pay his or her proportion of all parilh or Ibciety 
expenles in the fociety, with which fuch peribn had been 
formerly connected, affefled and not paid, previous to leav- 
ing one fociety and joining to another as aforefaid. 

[This aft palled June 20, 1 SO?.] 



. own incor-i 



CHAP. XXVII. 

^n aft to incorporate the townfhip number Five, in the 
third range of townfliips north of the Waldo Patent, in 
the county of Kennebeck, into a town by the name of 
Palmvra. 

Sect. 1. ijE it enaded by the Senate and Houfe of RcprC' 
fentativea, in General Court ajpjmbled, and by the authority of .he 
famt. That the townlhip numbered Five, in the third range '-' 
of townlhips lying north of the Waldo Patent, anu b^^twtcn '"''^'' ^'^* 
the eaft and weft branches of Sabeftekook river, as defcrib- 
fcd within the following boundaries, be, and hereby is in- 
corporated into a town by the name of Palmyra, viz :— 
Bounded eafterly by towniliip number Four in the lame 
range, northerly by towniliip number Five in the fous th 
range, north of the Waldo Patent, in part, and partly by 
townfhip number Three in the firft range of townihips 
north of the Plymouth claim, wefter^y by the towniliip lail 
mentioned in part, and partly by the Plymouth claim, and. 
foutherly by the Plymouth claim in part, and partly by 
townlhip number Five in the fecond range north of the 
Waldo Patent. And the faid town of Palmyra is hereby 
yefted with all the powers and privileges, and fubjefted to 
the like duties and requilitions of the other towns, accord- 
ing to the conftitution and laws of this Commonwealth. 

Sect. 2. And be it further enacted. That either of the Juf- Jufiice to iflu« 
tices of the Peace, for the county of Kennebeck, is hereby '^^^"^^'^• 
authorized to ilTue his warrant, direfted to an inhabitant of 
the faid tcv/n of Palmyra, requiring him to notify and warn 
the inhabitants thereof to meet at fuch convenient time 
and place as faall be appointed in faid warrant, for the 
choice of fuch officers as towns are by law required to 
iWofe, at their annual tov.'n meetings. 

[This act palled June 20, ISO?.] 

CHAP. 



I 



'JOO CORNVILLE.— TURNPIKE COR. June 20, An. 1807. 

, CHAP. XXVIII. 

An a6t to annex an unincorporated tract of land, called the 
" Mile and a half Strip," to the town of Cornville, in the 
county of Kennebeck. 

Jl>E it ejiacied by the Senate and Houfe of Repre- 

fentatives, in General Court ajje?nbled, and by the authority of 

the fame ^ That a certain tract of land lying between the 

IVaAof land towns of Comville and Canaan, called the Mile and a half 

arvnexed ta . r- n • t> • • 

uoruviiie. Strip, and bounded as follows, to wit : — Beginning at a 
ftake, on the prefent foutli weft corner of faid Cornville^ 
and on the northerly line of the Plymouth patent ; thence 
foutherly on the eafterly line of Madifon, to the north line 
of Canaan ; thence eafterly on the faid north line of Ca- 
naan, fix miles, to a ftake and ftones ; thence northerly to 
the prefent foutheaft corner of faid Cornville ; and thence 
wefterly to the firft mentioned bounds, with the inhabitants 
thereon, be, and hereby are annexed to, and made a part 
of the town of Cornville aforefaid. 

[This act pafTed June 20, 180?.] 



CHAP. XXIX. 

An a6l to allow a further time to the propietors of the 
Sheffield and Tyringham Turnpike Corporation to com- 
plete their road. 

ijE it enacted by the Senate and Hotfe of Repre- 
fentatives, in General Court affembled, and by the authority of 
the fame. That a further time of two years, from the 
twenty third day of June, one thoufand eight hundred and 
feven, be, and hereby is allowed to the faid proprietors to 
complete the faid Sheffield and Tyringham Turnpike road, 
any thing in the original act of incorporation to the con- 
trary notwithftanding. 

[This act paffed Ju72e 20, 1 807.] 



CHAP. XXX. 

An act to fet off Benjamin Killeran, from the town of 
Warren, and to annex him to the town of Cufliing. 

ijE // enacted by the Senate and Houfe of Repre- 
/eniatives, in General Court affembkd, and bv the authority of 

the 



B. KILLER AN.— EX. COF. HOUSE. June 20, An. 1807. 20^ 

ihc famc^ That Benjamin Killeran, of Warren, in the county 
of Lincoln, with his family and cftate, be, and he is hereby 
fet off from the faid town of Warren, and annexed to, and 
ihall in future be conlidered an inhabitant of the town of 
Culliing, in the fame county of Lincoln. 

Provided nevcrthckfs^ That the faid Benjamin Killeran proviTJS 
{liall be holden to pay all taxes already afleifed upon him 
and his faid eft ate in the town of Warren aforefaid. 
[This act palfed June 20, 1 807.] 



CHAP. XXXL 

An acl to incorporate fundry pcrfons into a company, by 
the name of the I^roprictors of the Exchange Coffee^ 
Iloufe. 

Whereas, fundry perfons, proprietors of an preamb^.' 
eftate fituate in Bofton, (bounded northerly partly on a 
court, and partly on land of Andrew Dexter, jun. there 
meafuring ninety-fix feet, eafterly on Congrefs-ftreet,. there 
meafuring eighty-feven feet; foutherly, partly on land of the 
lioirs of Richard Srdter, and partly on the eftate of DrifcoU 
and Wall, there meafuring one hundred and thirty-four 
feet; and wefterly on other eftate of laid Dexter, there mea^ 
fliring one hundred and eleven feet,) have aiTociated, for 
the purpofe of creeling on faid eftate, a building on an ex- 
tenfive plan, containing an Exchange, a Coffee-Houfe, and 
different apartments for other ufes, which will be condu- 
cive to public accommodation : — 

Si^CT. 1. BE it therefore enacted by the Senate and Iloufe 
§f Reprefentatives, in General Court affembled^ and by the au- 
ihority cf the fame. That Samuel Brown, Crowell Hatch and Perfons iac^'» 
Andrew Dexter, jun. Efquires, with fuch others as are or P''^^^^* 
may become proprietors of the faid eftate, their affociates, 
fucceflbrs and afiig^ns, beiny: citizens of the United States, 
mail be, and hereby Lire conftituted a body politic and cor- 
porate, by the name of The Proprietors of the Exchange 
Coffee-Houfe, for the purpofes aforefaid, and the faid cori- 
poratjon, by the faid name, are hereby declared and made 
capable, in law to fue and be fued, plead and be impleaded, 
■to have a common feal, and alter and renew the fame at 
pleafure, to make rules and by-laws for the regulation and _iejTaiJv ag, 
management of faid eftate, confiftent with the laws of the thorizeU, 
Commonwealth,-, and generally to do and execute whatever 
Vy bw Ihajl appertain to bodies politic. 

Bb Sect. 



'iri 



ilXClIANGE COrFEE-IIOUSE. June 20, An. 180% 



tlifpoi'c of the 
property 



Property to be 
divided into 

iliares. 



'^.iTeffmentj 



SrcT. 2. ylnd be it further enacted by the authority afore' 
faid. That the faid corporation fliall be, and hereby is de- 
n;*y hoM and clarcd Capable to purchalc, have, hold, and poflefs the eftate 
atorefaid, and fhall have power to erccl a building thereon 
for the purpofcs aforelaid, and the iaid corpor;>te property 
or any part thereof, to grant, fell and ahen in l^e fimple, 
or otherwife,^ and to leafe, exchange, manage and improve 
the fime, according to the will and pleafure of the faid af- 
fociates, or a major part of them, exprelFed by their votes, 
at any legal meeting. 

Sect. 3. Be it further enacted^ That the faid all'ociates 
may at any legal meeting agree upon the number of fhares, 
into which the faid eilate fliall be divided, not exceeding 
five hundred, and upon the form of certificates to be given 
to individuals, of the number of iliares by them refpeclive- 
ly held ; they fhall alfo have power to aflefs upon each fliare 
fuch funis of money as may be deemed neccfl'ary, for the 
purpofes aforefaid, and generally for the improvement and 
good management of faid eftate, agreeable to the true in- 
tent of this act, and to fell and difpofe of the faid fliares 
for the payment of aiTefTments, in fuch way and manner as 
faid corporation may determine ; Provided however^ that 
the value of the land and building to be erected thereon 
fliall not exceed two hundred thoufand dollars. 

Sect. 4. Be it further enacted. That any Ihare may be 
alienated, by the proprietor thereof, by a deed under his 
hand and feal, and acknowledged before fome Juftice of the 
Peace, and recorded by the clerk in a book to be kept for 
that purpofe, and not in any other manner, and any pur- 
chafer fhewing to the treafurer fuch deed fo recorded, and 
delivering up to him the former certificate, ftiall be entitled 
to a new certificate, executed in form as aforefaid, certify- 
ing the property in fuch fliare to be in fuch purchafer. 

Sect. 5. Be it further enacted. That the property of 
every individual member of faid corporation, vefted in faid 
corporate fund or eftate, iliall be liable to attachments and 
to the payment of his juft debts, in manner prefcribed by 
an act, entitled, " An act directing the mode of attaching 
on mefne procefs, and felling by execution fliares of debtors 
in incorporated companies ;'* palfcd March Sth, Anno 
Domini iS05. 

Sect. 6. Be it further enabled. That the real eftate of 
faid corporation lliall be liable for the debts of the corpora- 
tion, and fliall be liable to attachment and execution, on 
any judgment againft the corporation, in the fame manner 

as 



I'rovifo, 



shares may be 
,dieuated> 



Private proper- 
ty liable to at- 
tachment. 



Real eftale 



.CANAL ASSOCIATION. June 20, An. 1807. 203 

as other real cftatc, and the corporation fliall have the right —fubjca to rcr 
and equity of redeeming the llime. demption. 

Sjtct. 7. Be it further enaded^ That in any action to be Execution icvl- 
brought, or in any judgment to be rendered, againft Ikid cd, mcafc. 
corporation, tlie plamtilt not being able to fmd lulHcicnt 
property of the corporation, to attach on mcfne procefs, or 
whereon to levy his execution, Ihall have the right of at- 
taching or levying his execution, on any of the property of 
the individual members of the' corporation, in the fame 
manner as if the a6ii(m had been brought, and the judg- 
ment rendered againft them, in their individual capacity. 

S:-:cT. 8. Be it further enacted^ That any two of the af- 
fociates may call a meetino;, bv advertifins: the (lime, in any , , 

'. ^ t • Manner of ea"i.- 

two of the public newfpapers printed in Bofton, at leaft, \^„ ^ meetin? 
three days before the time of meeting, and at that or any 
other meeting, may elect fuch Prefident, Truftees, Direc- 
tors, Secretary, Clerk or- other Oflicers, and for fuch term 
of time, not exceeding one year, as they may judge hr, and 
the fame at pleafure change or remove, and in the choice 
of officers, or on any other occafion, when it fliall be re- 
quired by a major part of the members prefent, at any 
meeting the votes may be given by ihares, and abfent 
2nembers may vote by proxy -, Pro'vided anly^ that no one Proviftr. 
member ihall have more than ten votes. 

Sect. 9. And be it further enacted^ That nothing herein 
contained, fliall be deemed or cQnftrued to give laid pro- 
prietors any right or authority to take or appropriate to t^'ucn'^wilSr 
their ufe, the land, right or privilege of any pcrfon or per- confcut of 
fons, without his or their confent, and by a legal convey- 
ance thereof from fuch perfon or perfons to the faid cor- 
poration. 

[This acT: paiTed June 20, 1 807.] 



CHAP. XXXII. 

An acl for incorporating Robert H. Gardiner and others, 
by the name and ftyle of the Cobboifbe-Contee Canal Af- 
fociation. Cc^^c-^^''" d^^'f^e 

Whereas, Robert H. Gardiner and others, Preambi 
have petitioned to be incorporated for the purpofe of open- 
ing and maintaining a canal, with locks or inclined planes, 
from Androfcoggin Pond to Wilfon^s Pond ; thence by or 
pn \yilfon's Stream to South Pond j thence bv Arnold's 

INlills 



owners 



20^ 



CANAL ASSOCIATION. 



June 20, An. 1 807. 



Perfons Incor- 
porated. 



\ 



Manner of call- 
ing firft meet- 



Mills to Winthrop or Cobboflee-Contcc great Pond ; and 
thence through Litchfield to the navigable waters of Cob- 
boflee-Contee river ; and thence on or by faid river to Ken- 
iieb« ck river, in the moft convenient and practicable routes. 

Shot, 1. BE it enacted by the Senate and Hoiife of Rep- 
refentati'ves^ in General Court ajfemhled^ and by the authority of 
the fame. That the faid Robert H. Gardiner, Jofeph Brad- 
ftreet, Simon Bradftreet, Nathan Bridge, Ebenezer Byram, 
Seth Gay, Rufu^i Gay, Stephen Jewett, vSamuel Jewett, Pe- 
ter Grant, James Parker, John Stone, Melaliah Lawrance, 
Jofliua Lord, Ichabod Wentworth, Wiiiiam G. Warren, 
James Bridge; Jacob Smith, David Fofter, Hufhai Thomas, 
Jofeph Samfon, Job Fuller, Mofes Wing, John Bowles, 
Thomas Stenchfield, Rogers Stenchheld, Samuel J^iver- 
more, Benjamin Alden, Daniel Lathrop, jun. Jofeph Chand- 
ler, Simon Dearborn, jun. Abraham Morrell, Jofeph P. 
Chandler, Matthew Hayward and William Richards, with 
their affociates and fucceffors, are hereby incorporated, and 
fliali be a corporation forever, under the name of the Cob- 
bofl'ee-Contee Canal AiTociation, and by that name may fue 
and profecuie, and be fued and profecuted, to final judg- 
ment and execution ; and fhall be, and are hereby vefled 
with all the powers and privileges, which are by law inci- 
dent to corporations of a fimilar nature. 

Sect. 2. ^6' it further enaded by the authority afcrcfaid^ 
That the faid aiiociates oj* proprietors, or any three of them, 
may make their application to any Juftice of the Peace for 
the county of Kenncbeck, requeuing him to call a meeting 
of the faid affociates or proprietors, to be holden at fomc 
convenient place within the town of Gardiner, in the fame 
county ; whereupon fuch Juflice is hereby empowered to 
ijGTue his warrant to one of faid proprietors, directing him 
to warn and notify faid proprietors to meet at liich time 
and place in faid town of Gardiner, as he fhall therein di- 
rect, to agree on fuch method as may be thought proper 
for calling meetings of faid proprietors for the future ; and 
to do and tranfact fuch matters and things relating to faid 
proprietary, as fliall be expreffed in the warrant. And the 
proprietor to whom fuch warrant fliall be directed, fhall 
give notice to faid aiiociates or proprietors, by caufing the 
fame, or the fubftance thereof, to be publiflied in one of 
the newfpapers printed in Portland, fourteen da)^, at leafl, 
before the holding of faid meeting, and make return there- 
of under his hand to the fame meeting, to be lodged with 
the clerk, who ihall be then and there chofcn. And the 

/aid 



CANAL ASSOCIATION. June 20, An. 1807. 205 

fa'nl proprietors or alTociatcs may at the fame or any other Authorized u> 
legal meeting, chouib a clerk, treafurer, and other officer '^^ '"''' ^^""' 
or ulliccrs ot the corporation, that they may deem necefl'a- 
ry, and alio may choofe fuch committees as may be requi- 
fite for ordering and regulating the bufmels and affairs of 
tlie faid corporation ; and every proprietor lliall have a 
right to vote in the proprietary meetings, according to his — -quaiificanons 
ihare and intereft, in perfon or by reprei'entation ; pro- 
vided no one proprietor fhall be allowed more than ten 
votes, and all reprefentations Ihall be proved in writing 
figned by the perlbn making the fame by fpecial appoint- 
ment, which (hall be hied with and recorded by the clerk ; 
and this acl, and all rules, regulations and votes of the faid 
corporation Ihall be fairly and truly recorded by the faid 
clerk, in a book or books for that purpofe to be provided 
and kept : Provided^ that whereas it may he neceilary in ProvJfo,, 
the profecution of the foregoing bufmefs, that the proper- 
ty of private perfons may, as in the cafe of highways, be 
appropriated for the public ufe. And in order that no 
perfon may be damaged by the digging and cutting canals 
through his land, by removing mills or mill dams, -divert- 
ing watercourfes or flowing his land by the proprietors 
aforefaid, without receiving full and adequate cpmpenfatioa 
therefor ; 

Sect. S. Be it further enacted, by ihe authcritv aforefaid. 
That in all cafes where any perfon iliall be damaged in his pur?u'cd^i,rcare 
property by the faid proprietors for the purpofes aforefaid, of damage luf-- 
in manner as is above exprelTed, or in any other way, and ''""'^'^• 
the proprietors aforefaid do not within twenty days after 
being requefted thereto, make or tender reafonable fatis- 
faclion to the acceptance of the perfon damaged by them 
as aforefaid, the perfon fo damaged may apply to the Court 
of the General Seffions of the Peace, for the county in 
which the damage fhall have been fuftained, to have a com- 
mittee appointed by faid court, to eftimate the damage fo 
done ; and the laid court are hereby authorized and em- 
povrered, by warrant under the feal thereof, upon fucli ap- 
plication made, if within one year from the time of the 
damage done as aforefaid, to appoint a committee of five 
difmtereffed freeholders in the fame county, to eflimate the 
damages ; which committee fhall give feafonable notice to 
the perfons interefted, and to the clerk of the proprietors 
aforefaid, of the time and place of their meeting, and they 
fhall be under oath to perform faid fervicc impartially, ac- 
cording to their bed (kill and judgment, vv'hich having 

done. 



Rrovifo. 



-06 <: ANAL ASSOCIATION. J^///.^ <20, An. 1 807. 

done, they, or tlic major part of tlicm, fliall make return 
thereof under their hands and feals, to the next Court of 
General Sefiions of the Peace, to be bolden in faid county, 
after the fame fervice is performed, to the end that the 
iame may be accepted, allowed and recorded ; and the 
committee fo empowered are required to eftimate the faid 
damage, and make return thereof as aforefaid ; and if the 
eftimate of the committee be accepted by the court, the 
clerk of the court is hereby authorized and directed, on ap- 
plication therefor, to iflue an execution againft the proper- 
ty only of the corporation, or in want thereof on the prop- 
erty of any individual belonging thereto, for the fum lb 
adjudged in damages : Provided the fame is not paid with- 
in twenty days after the acceptance of faid report, and like- 
wife for the cofts of the faid committee and fees of the 
court ; both to be allowed by the court, provided the fam 
in damages eft:imated by the committee, exceed the fum of 
damages fo tendered ; but in cafe the proprietors actually 
tendered to the perfon complaining before the complaint 
was exhibited, a fum as great as that allowed by the court 
in damages, then nothing to be included in the execution 
for cofts of committee or court ; the execution to be ilfucd 
by the clerk of the court, to be in the fame terms, mutatis 
mutandis, and returnable in the fime time as though judg- 
ment had been rendered againft faid corporation for a like 
fum in damages, on procefs in the Courts of Common 
Pleas ; and if any perfon find himfelf aggrieved by the do- 
ings of the faid committee in eftimating damages, he may 
apply to faid Court of General Seftions of the Peace ; pro- 
vided fuch application be made to the fame court at the next 
feilion thereof, in the fam.e county, after the acceptance of 
fuch return, and faid court is empowered to hear and final- 
ly determine the fimiC, by a jury under oath, to be fum- 
moned by the flierift or his deputy for that purpofe, if the 
perfon comiplaining, and the proprietors can agree thereon. 
And if the jury or committee agreed on as aforefaid, (who 
are to be under oath) Ihall notincreafe the fum of damages, 
the perfon complaining fiiall be at the coft arifing on luch 
complaint, to be taxed againft him by the faid court ; oth- 
crwife fuch coft and increafe of dam.ages fliall be paid by 
the proprietors, and execution to iiTue therefor as afore- 
faid ; and it ftiall be the duty of fuch committee or jury, 
on application of either of the parties, and reafonable notice 
given to all pcrfons intereftcd, to determine where and 
how many bridges fliall be made, and maintained by faid 

proprietors 



CANAL ASSOCIATIOK\ June 20^ An. 1807. 207 

proprietors, over the canal aforefaid, and how the fame 
ilicill be conftrucled, and what damages fiiall be paid by the 
proprietors for neglecting to make and maintain fuch 
bridges ; and the report ot fuch committee, or verdict of 
fuch jury, being returned in to the fame court, and being 
allowed and recorded, Ihall be a fuiiicient bar againll any ac- 
tion brought for damage^ aforefaid ; fiving only, that where 
the fum of damages is not eftimated at a fum in grofs, for 
the full fatisfaction thereof, but a yearly fum is allefled ; in 
fuch cafe the complainant fliall be entitled to an action of 
debt for the recovery of the fame, fo often as the fame be- 
comes due, during the continuance of the damage done or 
fuifered, as aforelaid ; and alfo for the recovery of the 
damages for neglecting , to make and maintain the bridges 
as often as the fame are demandable ; Prcvidcd alfo^ that provlfo; 
faid corporation iliall not take any water from Vvllfon's 
Pond, to the injury of the owner or owners of mills, litu- 
ated on Wilfon's ftream, fo called, nor erect any mills on 
faid ftream, nor on the land between Wilfon's Pond and 
South Pond, which is owned by any perfon or perfons, who 
iliall have m.ills erected on faid Wilion's ftream ; and that 
fiid corporaiion Ihall not erect mills on any ftream nowihe 
property of individuals, or fhall make ftuice-ways round 
any dam now erected, without the confent of faid owner 
or owners lirft had and obtained, any thing in this act to 
the contrary notwi-hftanding, And^ provided likcwife^ that Provifo, 
the ovv'ner of the lower mills on Cobboftee.Contee river may 
have the right to regulate the water palling in and out of 
that branch of the faid canal, which Ihall be made between 
Cobboftee-Contee great pond and Cobbofiee-Contce river ; 
in cafe laid regulation fhall be made w^ithout injury to the 
(aid canal, or the rights or privileges of any individuals. 

Si-CT. 4. Be it further enacted. That if any peribn or . . ,^ 
perfons fliail wilfully, malicioufly, and contrary to law, of trei'rjWs."" 
take up, remove, beat down, dig under, or do any other 
injury to the faid canal, its banks, locks, dams, or any part 
or appurtenances thereof, dehgned for the purpofes afore- 
faid, or fhall damage, carry away, or fet afloat to be car- 
ried away, any boards, plank, joift, or other timber or lura- 
'ber, or materials ufed or to be ufed, in or about faid works, 
or fhall be aiding or afTifting in any of the trcfpalles afore- 
faid, he fliall for every fucli offence, forfeit and pay to the 
proprietors aforefaid, treble fuch damages, as the faid pro- 
l^rictors ftiall, to the Jufticc, or Court and Jury, before whom 
the trial Iball be, make appear that they have iiiftained, by 

means 



' |20S CANAL ASSOCIATION. June 20, An. 1807. 

means of the fame trefpaifcs, to be fued for and recovered 
in any Court proper to try the fame. 

Sect. 5. Be it further enaded^ That for the purpofe of 

i oil cndblifiicd rcimburfmg the proprietors the money by them expended, 
Or to be expended, in building and fupporting the canal, 
locks, and dams, and clearing the pallages neceilary for the 
purpofes aforefiid, a toll be and hereby is granted and ef- 
tablifhed, for the fole benefit of the faid proprietors, ac- 
cording to the rates following, viz. For every ton weight 
that Ihall be tranfported in boats or other veilels, through 
the faid canal, the fum of fix cents for each mile ; for all 
mafts, timber, and lumber, floated on a raft or otherwife 
through the faid canal, the fum of fix cents a ton for each 
mile. 

Sect. 6. Be it further enacted^ That there fliall be toll 

Toll gatherers, gatherers and other neceilary allillants, to attend at each 
lock on the faid canal, in the day time, and on the fame 
canal at fuitable places, who fhall give confiant attendance 
at their refpeclive ftations, during the whole of the feafon, 
for boats and rafts to pafs ; and on the toll being paid Ihall 
immediately permit paffengers with their property, to pafs 
the faid locks and canal. And the laid toll fhall commence 
on faid canal, as foon as the fame, or any part thereof flrail 

t'fovifo. be com.pleted : Provided however, that when forty years 

from the hrfl opening thereof are expired, the Legiflature 
fliall from thence-forward regulate the toll, and rhe fame 
fhall be coUedled in fuch manner, as fhall be prefcribed to 
the faid corporation. 

Sect. 7. Be it further ena6ied. That the proprietors 
aforefaid be, and they are hereby authorized and empower- 

propiietorsem- ed to purchafe and hold to them and thtir fucceflors for- 

rcirjftate? ° ever, fo nmch land ajad real eflate as may be neceilary for 
the purpofes aforefaid, not exceeding the value of fifty 
thoufand dollars. And if the laid proprietors fhall refuiv? 
or negieft, for the term of ten years, from the palling of 
this a6t, to build and complete fuch canal fo as to be paiTa- 
ble in manner aiorefiiici, then this acl fliall be void and of 
210 efteft. 

Sect. 8. And be it further enacted. That the faid cor- 

Dc'.m^uents. poration fliall have full power and auth'ority to fell and dif- 
pofe of the fhaVc or fliares of any proprietor who fhall, acr 
cording to the rules and regulations to be made by fc'id cor- 
poration, be delinquent in the payment of asy affeilnicnt 
that may!>e mace on laid fharc or fhares, according to iiich 
rules and;i'egulations as fliaU be eflablifhed by faid corpora- 
tion 






COTTON MANUFACTORY COR. June 20, An. 1807* 2C 

tion f >r the (ale of fhiires of delinquents ; and alfo, that the 
111 arcs and property of each proprietor in faid corporation 
fhall be liable to attachment for the payment of his juft 
debts ; and execution may be extended thereon, and the 
Iharc of the debtor be fold in the fame manner as goods 
and merchandize are fold for the payment of debts. 
[ rhis acT: paffed June 20, 180?.] 



CHAP. XXXIII. 

An acl to incorporate Peter Snow and others, by the name 
of the Fitchburg Cotton Manufactory Corporation. 

Sect. 1. i)E it enabled by the Senate and Houfe of Repre- 
fentatives, in General Court ajfembled^ and by the avthoriiy of 
the fame ^ That the faid Peter Snow, and Jonas Mirfhall, Perfons incor- 
John Muzzy, Edward Durant, William Brown, Jofeph Far- porated. 
well, and Robert Allen, their alfociates, fucceffors, and af- 
figns, ihall be, and they hereby are created a corporation 
and body politic by the name and ftyle of " The Fitchburg 
Cotton Manufaclory Corporation," and by that name may 
fue or be faed, plead and be impleaded, anfwer and be an- 
fwered unto, defend and be defended, to final judgment 
and execution, and alfo may make, have and ufe a common 
feal, and the fame at pleafure may break, alter and renew. 

Sect. 2. And be it further enaded. That the faid corpo- 
ration fliall have pov/er, and is hereby authorized, to carry nianufSure^ 
on the manufacture of Cotton at Fitchburg, and the bull- Cotton. 
nefs neceiHirily connected therewith, and may erect any 
dam, mill or mills, works or buildings necelTary for carry- 
ing on, this or any other ufeful manufacture, and the buli- 
nels connected therewith. 

Sect. 3. Be it further enacted^ That the faid corporation AHoweiito pof 
•may be lawfully ieized and poileffed of fuch real and per- ^^is real and 

j-in 1 cr 1 -rn. perfonal eftate. 

lonai eltate as may be necellary and convenient for eirab- 
liitiing and carrying on laid manufactory, and any other 
ufeful manufacture, and the bufinefs therewith connected, 
and the fame may fell, bargain, and difpofe of at pleafure ; 
Provided, that fuch real eftate fliall not excceed in value Provifp. 
the fum of fifty thoufand do-Jars, and fuch perfonal eftate 
fhall not exceed in value the fum of one hundred thoufand 
dollars. 

Sect. 4. And be it further enacted. That the perfons Htr.powcred to 
above named, or any three of them, may by an advertife- *^ ' ineetmg. 
C c ment 



.0. 



COTTON MANUFAC rORY COR. June 20, An. 180'?. 



mcnt in any public newfpaper printed in the county o£ 
Worccfler, call a meeting of livid corporation, to be holden 
in Fitchburg, at any fuitable time and place, after twenty 
days from the publication of laid advertilement ; and the 
members of laid corporation, by the vote of the majority 
of thofe prefent, or reprefented at the faid meeting (in all 
cafes accounting and allowing a vote to each fmgle lliare) 
Ihall choofe a clerk, who fliall be fworn by a Juftice of the 
Peace for the county of Worceiler, to the faithful perform- 
To choofe oiJi- ance of his duty ; a treafurer and fucli other officers as may 
-''^«' appear neceflary for the management of the bulinefs and 

concerns of faid corporation, and fhall agree on the man- 
ner of caUing future meetings, and at the fam.e or at apy 
fubfequent meeting, may make and eftablifh any rules and 
regulations for regulating the faid corporation, and the 
fame rules and regulations may caufe to be kept and exe- 
cuted, or for the breach thereof, may order and enjoin 
fines and penalties not exceeding thirteen dollars and thirty' 
proviio, three cents^ for any breach thereof, pronjided^ fuch rules and 

regulations are not repugnant to the laws and conftitution 
of this Commonwealth, and all agents of proxies at any 
meeting, fhall be authorized in writing, figned by the per- 
fons by whom they are appointed, which ihall be filed and 
recorded by the clerk ; provided that no member of faid 
corporation fliall be allovv^ed more than eight votes. 

Sect. 5. And he it further enacted^ That the property 
of faid corporation fhall be, and hereby is divided into one 
hundred fliares, and ihall be numbered in progreilive order, 
beginning at number one ; and every original member 
thereof, fliall have a certificate under the feal of faid cor- 
poration, and figned by the treafurer, certifying his prop- 
erty in fuch fliare, as fliall be exprelTed in faid certificate. 

Sect. 6. And he it further enacted^ That any fliare may be 
alienated by the proprietor thereof, his executors and ad- 
miniflrators, by a deed under the hand and feal of him or 
them, acknowledged before fome Juftice of the Peace, and 
recorded by the clerk, in a book to be icept for that pur- 
pofe, and any purchafer named in fuch deed fo recorded, 
fhall on producing the fame to the treafurer, and deliver- 
ing up to him the former certificate, be entitled to a new 
certificate, executed in form aforefaid, certifying the prop- 
erty in fuch fliare to be in fuch purchafer. 

Sect. 7. And he it further enacted^ That whenever any 

D<:i;iiqiK:nt&. member of faid corporation fliall neglect or refufe to pay 

any tax or affelfment, duly voted and agreed upon by the 

laid- 



Property to be 
divided into 
fliareB. 



Sbaiesmay be 
alieuated. 



•>COn^ON MANUFACTORY COR. June 20, An. 1 80V. SI 

faid corporation, to the trcafurer, within thirty days after 
the time fet for the payment thereof, the treasurer of faid 
corporation is hereby authorized to fell at public vendue, 
the lliare or fliares of fuch delinquent member, one or more 
as fliall be necefTary and fuflicient to pay fuch taxes and ne- 
ceffary incidental charges, after duly notifying in one or 
more public newfpapers, printed in the coijnty of Worcef- 
ter, and in fuch other way as the corporation may direct, 
the fum due on fuch fliare, and the time and place of fale, 
at leail, thirty days previous to the time of fale ; and fuch 
iale fliall be a fufficient transfer of fuch fliare or ftiares fo 
fold to the perfon purchaling the fame ; 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 fold, fliall be by the clerk entered on the 
books of faid corporation, and fuch perfon fliall be confid- 
ered 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 fliare or fliares were fold. 

Sect. 8. And be it further enacted,Th2.t whep execution 
fliall iflue on any judgment recovered againft faid corpora- writof fcia 
tion, and the fame fliall be returned " not fatisfied,'* the facasfuedm 
original plaintiff in the aftion wherein the faid execution 
was awarded and iffued, may fue out a writ oi fcire facias, 
from the court wherein the judgment was rendered, on 
which the fame execution was awarded and iflued againft 
fach perfon or perfons, as are or were proprietors and 
members of faid corporation, at the time fuch judgment 
was rendered, and may have execution againft their goods 
and eftates, or againft the goods and eftates of any fuch de- 
ceafed member of faid corporation, in the hands of his or 
their executors or adminiftrators, with additional cofts and 
damages. ■ 

Sect. 9. A7id be it further enaded. That this id: fliall be aa given ir, 
deemed and taken to be a public aft, and as fuch may be '='^'"^^'''"' 
declared upon and given in evidence in any Court of Law, 
without fpecially pleading the fame ; Provided alzuays, that Provifo, 
the Legiflature may from time to time hereafter upon due 
notice to faid corporation, make fuch further provifions 
and regulations, for the management of the buflnefs of iliid 
corporation and the government thereof, or wholly to re- 
peal this acl, as fliall be deemed expedient. 

[This act pafled June 20, 1 807.] 

.1 

CHAR 



12 FISHERY. June 20, An. 1 80;7. 

CHAP. XXXIV. 

An act to regulate the fifhery in Damarifcotta river, in the 
County of Lincoln. 

Sect. 1. liE // enacted by the Senate and Hoiife of Rep- 
refentatives, in General Court ajfemhled^ and by the authority 
of the fame. That it fhall and may be lawful, for the towns 
of Newcaftle and Nobleborough, in the county of Lincoln, 
at their annual town meetings, in the month of April, to 

i^SntS"^^ ""P' choofe and appoint a committee of three perfons in each 
town, whofe duty it Ihali be as a joint committee, to open, 
and caufe to be kept open, a fluice or paflage-way, for the 
alewives and other fifh, to pafs up Damarifcotta river, on A 
what is now called new river ftream, to the great pond at 
the head thereof, called Damarifcotta pond. And the f^iid 
lluice-way ftiall be under fuch regulations as the aforefaid 
joint committee ftiall judge moll conducive to the benefit 
of the towns aforefaid. 

I>enfesS*^be SiiCT. 2. ^^ /V/z/r//»^r ^«^^/ffl?, That the emolument arif- 

ivided. iug from the privilege of catching fifh in the aforefaid new 

river ftream and faid fifh-way, fhall be equally divided be- 
tween the towns aforefaid, and be appropriated to the bene- 
fit of the faid towns, as they may refped:ively judge moft 
proper ; and all expenfes arifing from the regulation of faid 
fifh-way, and keeping the fame in repair, fiiall be fuftained 
and paid in equal proportions by the towns aforefaid. 
Sect. 3. Be it further enacted. That it fhall be the duty 

""filr ^^^^'^* of the joint committee aforefaid, to open faid fluice or paft- 
age-way, by the 5th day of May annually, and keep the 
fiime open and clear from all obftrudions, until the fifth 
day of July next following ; and the fiiid joint committee 
is hereby empowered to determine the number of days, and 
the particular days, not exceeding three in each week, for 
taking or catching fifh in faid ftream and fifh-way ; provi- 

provifo. dcd their determination does not infringe on any exifting 
laws of the State ; and the fiiid joint committee is further 
empowered to fell and difpofe of the privilege of catching 
fifh in faid ftream and fifh-way, as they may judge moft 
beneficial to the interefts of th*^ir refped:ive towns. And 
the price of the fifh caught in the faid ftream or fifh-way, 
fhall be eftabliftied by the joint committee aforefaid, annu- 
ally. Provided however, that the price of the faid fifh fhall 
not be raifed after the tenth day of May in each year. 

Secj". 



VISHERY. June 20, An, 1801. 213 

Sect. 4. Be it further enacted. That the committee of 
the town of Newcaltle tor the firll year, and the committee 
ot the town of Nobleborough for the fecond year (and fo committee ap 
on m rotation forever) fhall notify the town clerk of the pointed to noti. 
other towns, of the time and place at which the faid joint X,t' "''"' 
committee Ihall meet, and faid notice fhall be ferved, at leafl 
ten days prior to the time of faid meeting, at which, and 
at all lublequent meetings, the majority prefent fhall have 
the authority of the joint committee ; and if either of the 
towns fhall neglecT: to choofe their committee-men, or fuch 
committee-men when chofen fhall neglecT; the duty required 
of them by this acT:, fuch town fhall forfeit all ri^ht to the 
privilege of faid ftream and fifh-way for the current year. 

Si^cT 5. Be it further enaded. That if the purchafer 
or purchafers, the manager or managers of the faid privi- 
lege, or any perion employed by them, or by any of the 
joinc committee, fhall prefume to take any of the faid fifli 
out of faid ff ream or iifh-way, or by any means obff ruc^ faid 
paiiage-way, at any other time, than that allowed by faid 
jomt committee, or if any perfon whatfoever fhall prefume 
to take or catch any fifli out of faid ftream or fifhway, with- 
out the permiflion of the faid committee, he or they fo of- 
fending, (hall tor each offence, forfeit and pay a fum not ex- 
ccedmg thirteen dollars, nor lefs than one dollar, at thedif- ^'"'^'5^' 
cretion of the juftice before whom the offence fliall be tri- 
ed to be recovered by the joint committee in behalf of the 
laid towns. 

Sect. 6. And he it further enacted. That if any perfon 
or pcrfons fhall prevent, moleft, or retard the faid commit- 
tee from opening and keeping open a fluice-way, as dired- 
ed in this act, by dams, logs, or any other obftrudions, or 
Ihall prevent the atorefaid joint committee, or either of 
them, from doing any thing they may be required to do by 
this act, fuch perfon fhall forfeit and pay for each offence i 
fum not exceeding thirteen dollars, nor lefs than one dol- 
lar, to be recovered by the faid committee, in any court 
proper to try the fame. 

Sect. 7. Be it further enacted. That tlie aforefaid joint 
committee fhall difpofe of fuch proportion of the filh caught 
in faui ftream, as fhall be defignated by the feledmen of 
the laid towns annually, to the poor of the fliid towns p;ra- Poonobebca- 
tio,_and this refervation and privilege of tlic faid poor Ihali ''^'''''• 
be inviolably preferved to them, when the faid felec^men 
annually jeaie the hfhery for the feafon, and fhali always be 
a condition of the faid leafe. 



114 



Committee priv. 
sleffcd. 



BRIDGE COR. 



June 20, An. 180V. 



Sect 8 Be it further enacted. That the committee 
aforefaid, or either of them, or any other perfon employed 
bv tor, or under them, fliall have authority to go on over, 
or throu-h any land, or through any mill, or whereioever 
itlhaHb?neceri'ary,forthepurpoies ot this act, without 
beinff conlidered as trelpailers. , 

[This ad paffed June 20, 1807.] 



?erIons incor 
pjjrated. 



CHAP. XXXV. 

An aa to incorporate certain perfons for bmldir.ga Bridge 
over Kennebeck river, above TacouetfaUs, between the 
towns oi Winflow and WaterviUe. 

Sect 1 Be it enacted iy the Senate and Hotife of Rep. 
relenlatives, in General Court ajhnbled, _and by the authonty 
of the fame, Tiiat James Wall, Nathaniel B. Dmgley, Peter 
T. Voi. Henry Johnlbn, and Len-.nel Fame, together wnh 
thofe who have affociated, or may hereafter aflociate y.h 
them for the fame purpofe, and ihall become proprietoi , 
• be, and they are hereby authorized to build a bridge ovci 
fennebeck river, about three q"«/te? of a ""'^^bove a- 
conet falls, between the towns of Winflow and Waterville, 
andturtheonrpofe aforefaid, fhall be a body politic by 
thf naneof^lie^ Proprietors of Taconet Bridge, and by 
that name may fue and profecute, and be iued andp ofev 
cured to final udgment and execution, t° keep and u(e. 
common feal, and the fome to change an>. r^"''*;*/;. "' 
ple-fure,anddoandfufFerallfuch other ads and things, 
as like corporate bodies may and ought to d" ,^""1 'f/J; „ 
Sect " Be it further enacted, 1 hat the faid bi idge Ihait 
be ereaed', placed and extended as follows, to wit : 1 o be. 
^in on land^now occupied and improved by J..mes Wal 
Sbout three quarters of a mile above Taconet ff]^P^ 
eafterly bank of Kennebeck riveis in the town of Wina ™ , 
and extend acrofs the flime, at right angles with faid iner. 
Sect 3 Be it further enacted. That for reimburfing 
T„,...„.«ifl.e.. to tlie proprietors o'f the faid T-o"vtb;idge the money 
expended, and to be expended m building, '"PP« '"°'^"? 
k.4ing the faid bridge in repair, a toll be, and hereby is 
g^^teSand eftablifhetl for the fole benefit of the kid co - 
Soration, according to the rates to lowing, viz. 1°/ f]^^ 
R».e. of .0.1. foot paffenger, two cents ; for each horfe "'"•^.""^^X 
ten clnts ; for each fingle horfe cart, fled, or Ue.gli, t^^ ch t 



BRIDGE COR. June 20, An. 1807. 21. 

cents and a half ; for each wheelbarrow, hand cart, and 
every other vehicle capable of carrying a like weight,' four 
cents ; for each team, including cart, iled, or fleigh, drawn 
by more than one beaft, and not exceeding four beails, 
twenty-live cents, and for every additional beaft above four, 
four cents each ; for each fmglc horfe and chaife, chair or 
fulky, twenty cents ; for each coach, chariot, phaeton, cur- 
ricle, or other four wheeled carriage, thirty-five cents ; 
neat cattle exclufive of thofe rode on, or in carriages or 
teams, four cents each ; and for Iheep and fwine, on'e cent 
for each. And in all cafes, the fame toll fhall be paid, for 
all carriages pafling laid bridge, whether the fame be loaded 
or not ; and to each team, one man and no more il-iali be 
allowed as a driver, to pals free from payment of toll ; ex- 
cepting however, all perfons, who fhall actually be on mili- 
tary duty, Ihall be permitted, with their baggage, to pafs 
faid bridge free of toll : And at all tim.es, when the toll- 
gatherer ihall not attend his duty at the faid brido-e, the 
gate or gates fliall be left open ; and the faid toll fhall com- 
mence on the day of the iirft opening the faid brido-e for 
pafTengers, and fhall continue for and during the teT-m of co • 
leventy years from the faid day, and be colleded as fliall '""""'"''' 
be prefcribed by the faid corporation. And at each end of 
the faid bridge, there fhall be erecTied, and conflantly ex- 
pofbd to public view, a fign or board, upon which fliall be sign. 
written the rates of toll, of all the tollable articles, in large 
or capital letters : Provided the faid proprietors fliall, at all p.ovifo 
times, keep the faid bridge in good and pafTable repair, and 
at the end of faid term of feventy years, the faid brido-e 
Ihall be delivered over in good repair, to and for the ule 
of this commonwealth. 

Sect. 4. Be it further eiiacted. That any two of the faid 
proprietors may, by advertifement in the Kennebeck Ga ^'^^""='-?f"J-- 
zette, warn and call a meeting of the aforelaid proprietors '"^""'""^'• 
to be holden in Winnowaforefaid,at any fuitable time and 
place, after fourteen days notice from the date of fuch ad- 
yertifeip.ent ; and the faid proprietors, by a vote of a ma- 
jority of thofe prefent, accounting and allowing ore vote 
to each fhare, (provided no pcrfbn fhall be entitled to more 
than ten votes,) fliall choofe a clerk, who fhall be fworn to 
the faithful difcharge of his office; alfo may at the fame 
or at any fubfequent meeting, choofe fuch other officers as' 
may be found neceffary for managing the biifirefs of the 
laid corporation, and fhall agree on a method of calling t\i- 
Ure meetings ; and at the fame, or at any fubfequent meet- 



ing, 



2\Q 



W. P. MEADOWS. 



rrovifo. 



Jtme 20, An. ] 807 , 



Ing, may make and eftablifli fuch rules and regulations, as 
fliall be deemed convenient or necellary, for efrecting, and 
completing the faid bridge, and for regulating the affairs of 
the faid corporation, and for collecting the toll herein grant- 
ed ; and the fame rules and regulations may be cauled to 
be obfervcd and executed, and for the breach of any of 
them, may order and enjoin lines and penalties not exceed- 
ing thirteen dollars, provided that faid rules and regula- 
tions be not repugnant to the conftitution and laws of this 
commonwealth. 

Sect. 5. Be it further enacted^ That if the faid corpo- 
Time iimited. ration fhall neglect or refufe, for the fpace of feven years 
from the palling of this acl, to build and complete faid 
bridge, then this a6t fhall be void and of no effect. 

[This ad paffed June 20, 1 80?.] 



ifroprlctors in- 
corporated. 



Boundaries. 



CHAP. XXXVI. 

An act to incorporate certain proprietors of meadow lands, 
called Wigwam Pond Meadows, in Dedham, in the 
County of Norfolk. 

Sect. 1. ijE it enacted by the Senate and Houfe of Rep- 
refentatives^ in General Court ajfejubled^ and by the authority 
ofthefame^ That from and after the palling of this a6t, the 
proprietors of certain meadow lands, called Wigwam Pond 
Meadows, in Dedham, be, and they are hereby incorporat- 
ed by the name of the Proprietors of the Wigwam Pond 
IMeadows, and by that name may fue and be fued, and do 
and fuffer all fuch acts and things, as like corporate bodies 
may and ought to do and fuffer. Bounded northwardly 
on a caufeway, leading from the court houfe in Dedham, 
to Dwight's bridge, fo called ; and eaftwardly by the up- 
land, as far fouth as to the land of Joftiua Fales, then on 
the line of faid Fales and Ebenezer Farington, until it comes 
to the upland on the wefterly fide, thence by a circuitous 
line, ranging by the upland, till it comes to the pond — • 
thence on the wefterly fide of the brook running into 
Charles river, until it comes to the line between the lands 
of Jonathan Starr and Henry Jones, thence ( n faid 'ine, un- 
til it comes to the upland, thence wcftwardly by the upland, 
until it comes to the caufeway firft mentioned, exemptin,-? 
the lands of Deacon Ifaac Bullard, included within f^j 

bounds. 

Sect. 



RELIGIOUS SOCIETY. ^ June 20, An. 180?. Gl 

Sect. 2. Beit further enacted. That the faid proprie- 
tors, when legally aflembled, (hall have power from time to 
time to appoint a clerk, treafurer, aiTefTors and colleclors of Proprietors ep>- 
taxes, committees, or other necefTary officers, wlio Ihall powered. 
IcvL^rally be fworn to the faithful difcharge of their truft ; 
which officers fliall have the fame power to carry into ef- 
fect any vote or order of faid corporation, as town officers 
oHike defcnption, have by law, to do and perform in their 
refpeclive oliices ; and the faid corporation fhall, at their 
firlt meeting, determine on the manner of caUing future 
meetings, and the faid corporation, at any legal meeting for 
that purpofe, fhall have power to raife monies, for the pur. 
pnfe of clearing out and removing the obftrudions, which 
may at any time be found in the ancient channel of the 
broo^ running into Charles river, or for any other purpofe 
which they fhall judge neceflary and conducive to the 
draining and improving the faid meadow lands; and the 
iaid proprietors fhall have a right to pafs up and down the 
banks of the faid brook, from the caufeway to faid Wigwanjk 
pond, for the purpofe of clearing faid brook. 

Sect. 3. And he it further enacted. That upon the ap- 
plication of any three or more of the faid proprietors, to 
anyjuflice of the peace in the county of Norfolk, the faid 
juftice IS hereby authorized to iffue his warrant, direded to Jufticetoimra 
one ot the iaid proprietors, requiring him to notify a^^'^^rraBV 
meeting at fuch time and place, and for fuch purpofes as 
mall be expreiTed in faid warrant ; which warrant and no- 
tihcation thereon, fliall be pofled up at the door of the 
meeting houfe of the firfl parifh in Dedham, fourteen davs 
before the time expreffed in the warrant for holding fuch 
meeting, t* '^ 

[This act pafTed June 20, 1 807.^ 



CHAP. XXXVII. 

An aa in addition to an ad, entitled « An aA to incorpo. 
rate a number of the inhabitants of the town of Hebron' 
in the county of Cumberland, into a religious focietv' 
Hebron''""'^ ^"^ ^7^^ of the Congregational Society in 

. JdE it enacted by the Senate and Houfe of Repre<- 

/m^//^,5, /«. General Court affanbled. and by the authorUy of 
mjame, 1 hat Stephen Atwood, Edmw^d Bayley, David P«fo«aw5«S 
^ 4 ' Bavlev, 



JS 



TURNPIKES. 



June 20, Ail. 1 807* 



Bayley, Wm. B. Bray, Thomas Bray, Tliomas Brown, John 
Bridgham, jun. John Bridgham, 3d, Daniel Bucknam, Shep* 
ard Bucknam, Willard Bridgham, Samuel Bridgham, Ed- 
mund Chafe, William Chipman, Ifaac Currier, Jofhua 
Crooker, Ifaac Crooker, Charles Crooker, Zadock Dean, 
David Dinfmore, jun. Jonathan Dwinel, Jacob Dwinel, Eb- 
cnezer Harlow, George Harlow, James Hill, jun. Robert 
Hilburn, Samiiel Hilburn, Michael Little, James Murdock, 
Mofes Pottle and William Pottle, inhabitants of the town 
of Minot, in the county of Cumberland, together with their 
lamilies and eftates, and fuch as fhall hereafter affociate with 
them, be, and they are hereby annexed to the Congrega- 
tional fociety in Hebron, for parochial privileges only, and 
to be fubject to all the duties, and to receive all the privi- 
leges that the members of any parifhes are entitled to by 
the conftitution and laws of this commonwealth. 

[This ad palled June 20, 1 807.] 



Perfons incor- 
j->orated^ 



JjountlarieSw 



CHAP. XXXVIII. 

An act to eftablifh the Alford and Weft Stockbridge Turn- 
pike Corporation. 

r>E it enacted by the Sejiate mid Houfe of Repre- 
jentatives^ in General Court ajjhnbled, and by the authority of 
the fame ^^\\tA. Barzillai Brown, John Brown, Samuel Clark, 
Simeon Deming, James Drefler, William Dryer, Amos 
Hamlen, Eli Hatch, Peter Johns, Stephen Johns, Nathan 
Johnfon, Abner Kcllog, Peter Perry, Thomas Reed, Abra- 
ham Rice, Ephraim Slater, Jonathan Squire, EHflia Stevens^ 
and Nathaniel Young, together with fuch others as already 
have, or may hereafter affociate with them, their fuccelT- 
ors and affigns, be, and they are hereby made a corpora- 
tion, by the name of the Alford and Weft Stockbridge 
Turnpike Corporation, for the purpole of laying out, mak- 
ing, and keeping in good repair, a turnpike road in the 
county of Berkfhire, as follows, viz.— Beginning at the 
line between the ftate of Maflachufetts and New York, near 
the dwelling houfe of Truman Tuttle, in Hillldale, on faid 
line ; thence proceeding on the moft favorable route to 
the houfe of Peter Johns, in Weft Stockbridge, thence to 
or near the houfe ot John Brown, in laid W. Stockbridge, 
thence to or near Clark's mills, lo called, in Stockbridge, 
thence fg as tg intericct the Hgufatonuck turnpike, at or 

neai 



TURNPIKE COR. June 20, An. 1807* 

near the burying ground on Stockbridge plain. And for 
the purpoie aforefaid, the proprietors aforelaid, fliall have 
all the powers and privileges, and lliall alfo be fubjecl to all 
the duties, requirements and penalties prefcribed and con- 
tained in an ad, entitled " An ad defining the general 
powers and duties of turnpike corporations," pafied the 
iixceenth day of March, one thoufand eight hundred and 
five. 

[This ad paffed June 20, 1 80?.] 



Perfons inc^o; 



CHAP. XXXIX. 

An ad to eftablifh a Corporation by the name of the Dal- 
ton and Middlefield Turnpike Corporation. 

Sect. 1. £>£ it enacted by the Senate and Houfe cf Repre- 
fentatives, in General Court ajembled, and by the authority of 
ibff^me. That Chriilopher Cary, Samuel Church, Thomas po'aS 
Matthews, Elijah Loveland, Levi Loveland, the fecond, 
Levi Loveland, Nathan Warner, Thomas Wing, Samuejl 
.Wmg, David Kidder, Jacob Bow, Gideon Allen,' Benjamin 
Peck, William Sebley, Ifaac Minor, Jeffe Church, Jofepb 
Wither, jun. Noah Mofely, Mark Adams, PhilHp Loveland 
Altred Loveland, Daniel Button, Elias Babcock, Afli 
Brown, John Morfe, jun. Elijah Wing, Samuel Foot, to- 
gether with fuch others as may hereafter allbciate with 
them, their fuccelfors and afligns, be, and they are hereby 
made a corporation, by the name of the Dalton Turnpike 
Corporation, for the purpofe of laying out and making a 
turnpike road, on the neareft and moft convenient route 
from the turnpike road, leading from Pittsfield to Wa£h^ Route and x!i. 
ington, in the county of Berkfhire, near the eaft line of ''^^'^''• 
faid Pittsfield, through parts of the towns of Dalton, Hinf- 
dale and Waihington, in faid county of Berkfhire, and fo 
far into the town of Middlefield, in the county of Hamp- 
ihire, as to interfed the turnpike road leading from Chefter 
to faid Hinfdale, at the moft conrenient point north of the 
meeting houfe in faid Middlefield, and for this purpoie flvall 
have all the powers and privileges, and be fubjecl: to all the 
duties, requirements and penalties, contained in an ad, en- 
titled " An ad defining the general powers and duties of 
turnpike corporations," paffed the fixteenth day of March, 
^n the year of our Lord one thoufiind eight hundred and 
five. 

SeCT: 



:c> 



.TulJ Gate* 



Baptist society. 



dune 20, An. ISQiT. 



Sect. 2. Be it further enacted^ That when the faid turn- 
pike road ihall be approved by the committee to be ap- 
pointed by the Courts of Common Pleas, in the refpeclive 
counties through whicli laid road fliall pafs, then faid cor^ 
poration fliall be authorized to erecV one full toll g?te, in 
fuch place on f<iid turnpike road as the aforefaid commit- 
tees lliali jointly direct. 

[This act pafled June 20, 1 807.] 



Pcrfons Iiicor- 
jTorated. 



Conditions of 

beluig 'j;j to 
the lociety. 



CHAP. XL. 

An acb to incorporate a number of the inhabitants of the 
towns of Rovalfton and Warwick, into a relisrious fo- 
ciety by the name of the Baptill Society in Royalilon. 

S' CT. 1. JjE /■/ ena6led by the Senate and Houfe of Repre^ 
fentatives^ in General Court affembled^ and by the authority of the 
fame J That Lemuel iitherton, Shubael Blanding, Nathan 
Bhfs, Silvanus Blifs, Nathan Bullock, Moulton Bullock, 
Jacob Briggs, John Chamberlain, Aiahel Davis, Benjamin 
Davis, Jofeph Davis, Jonathan Davis, Squier Davis, David 
Gale, Ezra Goff, Lewis Horton, Abel Jacobs, Ifaac Jacobs, 
John Jacobs, Thomas Jacobs, Simeon Jacobs, jun. Enoch 
Kelton, athan Kelton, Rufus Kelton, James Kelton, James 
Kelton, jun. Samuel Lefure, Jonathan Matthews, Enos 
Metcalf, Michael Metcalf, Jofeph Metcalf, Peletiah Metcalf, 
Jabez Pratt, Solomon Peck, 2d, John StockxAell, Elihu 
Town, Ephraim Town, Rufus Tyler, Jacob White, Elilha 
White, jun. Buel White, and Jonathan \\ ilfon, with their 
families and eilates, together with fuch others as have af- 
fociated, or may hereafter affociate with them, and their 
fucceifors, for the fame purpofe, and in the manner here- 
after provided, be, and they are hereby incorporated into 
a religious fociety, by the name of the Baptill Society in 
Royailion, with all the privileges, rights and immunites to 
which other parilhes are entitled by the Conftitution and 
Laws of this Commonwealth, for religious purpoles only. 

Sect. 2. Be it further enacted. That any perfon, in either 
of the faid towns of Royalilon and Warwick, aforefaid^ 
who may at any time hereafter defire to join with, and 
actually become a member of, and unite in religious wor- 
fhip with the fociety aforefaid, and give in his or her name 
to the clerk of the town and to the clerk of the parifti to 
which he or Ihe may belong, and produce a certificate, 

figned 



RELIGIOUS SOCIETY. June 20, An. 1807. ^9.h 

figncd by the minifter or clerk of the faid Baptifl Society, 
that luch pcrfon has actually become a member of and unit- 
ed in religious worlhip with the iaid Baptift Society in Roy- 
aliion, htteen days previous to the annual town meeting, 
fuch perfon Ihall, from and after the date of fuch certifi- 
cate, with his or her polls and cftate, be confidered as be- ' 
longing to the faid Baptill Society : Provided, however, that 
fuch perfon thail be held to pay his or her proportion of all 
money allelTed in the Society to which fuch perfon former- 
ly belonged. 

Sect. ?j. Be it further enacted. That whenever any mem- —of leaving 
ber of the faid Baptift Society fhall fee caufe to leave the thefociety. 
fame, and to unite with another religious fociety, in the 
town in which he or ftie ma) relide, and fhall declare fuch 
intention in writing, and deliver the fame to the minifter 
or clerk of faid Baptift Society, and alfo leave a copy of the 
fame with the clerk of the town in which he or fhe may 
refide, and alfo with the clerk of the parifh in faid town to 
which he or fhe may intend to be united, fifteen days pre- 
vious to the annual town meeting, and fhall pay his or her 
proportion of all money affefl'ed in faid fociety, previous 
thereto, fuch perfon, with his or her polls and eftate, fhall 
from and after the date of fuch declaration be coniidered 
as belonging to the parifh to which fuch perfon may intend 
to be united as aforefaid. 

Sect. 4. And be it further enaBed, That either of the jufticetoiflue 
Juftices of the Peace for the county of Worcefter, be, and warrant. 
is hereby authorized upon application therefor, to iflue a 
warrant, directed to fome member of the faid Baptift So- 
ciety, requiring hmi to notify and warn the members there- 
of, to meet at fuch convenient time and place as he fhall 
-appoint in the faid warrant, to choofe fuch officers as par- 
ifties in this Commonwealth are by law empowered tq 
choofe at their annual parifli meetings. 

[This acT: paffed June 20, 1807.] 



CHAP. XLI. 

,An act in addition to an act, entitled, " An act to incorpo- 
rate a number of perfons in the towns of Edgartown, 
Chilmark and Tifbury, into a religious fociety in Tif. 
bury." 

Sept. 1. XjE // enacted by the Senate and Houfe of Repre^ 
j^nUitlves^ in General Court aj/emb/ed, and by the authority of the 

Jaihe^ 



222 



RELIGIOUS SOCIETY. 



June 20, An. 1 807, 



the fociety. 



Prcvilb. 



~ of leaving 
she fociety. 



Conditions of fame^ That any perfon belonging to either of the faid towns 
belonging to Qf Edgartown, Chihuark or Tilbury, who may at any time 
hereafter deiire to join with the laid Baptiil Society inTif- 
bury, and lliall declare fuch their intention in writing, and 
deliver the fame to the clerk of the town, and a copy of the 
fame to the minifter or clerk of the parilh in which he or 
fhe may refide, on or before the hrll day of March, in the 
year when fuch application Ihall be made, and at the fame 
time produce a certificate of their being united and having 
become a member of faid fociety, ligned by the miniiler or 
clerk, and two of the committee of the faid Baptift Society, 
fuch perfon ftiall, from and after the date of iiich declara- 
tion, with his or her polls and eftate be confidered a mem- 
ber of faid fociety : Provided however^ that fuch perfon 
fiiall be held to pay his or her proportion of all money le- 
gally affelTed in faid parifh, to which fuch perfon formerly 
belonged. 

Sect. 2. Be it further enacted. That whenever any mem- 
ber of the faid Baptift Society fliall lee caufe to leave the 
fame, and to unite in religious worfhip with any other re- 
ligious fociety in the town in which he or fhe may rei]de, 
and ftiall declare fuch their intention in writing, and deliv- 
er the fame to the minfter, or clerk and committee of the 
faid Baptift Society, and fhall deliver a copy of the fame to 
the clerk of the town, on or before the lirlt day of March, 
an the year when fuch perfon ftiall apply to be difniified or 
difcharged from the faid Baptift Society, and at the fame 
time fliall produce a certificate in writing, figned by the 
minifter or clerk, and two of the committee, certifying 
that he or fhe hath actually become a member of faid reli- 
gious fociety, or hath united in religious worfliip with faid 
fociety, in the town where he or ftie may dwell, fuch per- 
fon fliall, from and after the date of fuch declaration, with 
liis or her polls and eftate, be confidered a member of faid 
fociety, to which he or fhe has fo united : Provided however^ 
that fuch perfon fhall be held to pay his or her proportion 
of all money legally affefled by faid Baptift Society, while 
he or flie was a member thereof. 

[This ad pafled June 20, 1807.] 



CHAR 



) 

CONGREGATIONAL SOCIETY. June 20, An. 1807, 2^3 

CHAP. XLII. 

An acl to incorporate the Congregational Society in the 
town of Newfield, in the county of York. 

Sect. 1. jjE // ena6led by the Senate and Houfe of Rcpre- 
fcntatives, in General Court ajfembled^ and by the authority of 
thefame^ That Thonvas Adams, James Ayer, 2d, Ezekiel Proprietors m*. 
Bartlett, Ebenezer Boothby, Silas Burbanks, Jofeph Dun- *^'""P°"^^ * 
nels, Zachariah Dunnels, Richard Dunnels, Henry Dunnels, 
Stephen Dunnels, John Gilpatrick, Jofiah Hobbs, Jofeph 
More, Ephraim Moulton, Levi Moulton, Stephen Moulton, 
Simeon Moulton, Eben. Symmes, Wm. Symmes, David 
Staple, Benj. Thompibn, John Thompfon, Geo. Thompibn 
and Jofeph Whitehoufe, with their families and eftates, 
together with fuch others as may hereafter aiTociate with 
them and their fucceflbrs, be, and they are hereby incor- 
porated into a religious fociety, by the name of The Con- 
gregational Society in Newfield, in the county of York, 
with all the powers and privileges to which parifhes are en- 
titled by the conftitution and laws of this Commonwealth. 

S -CT. 2. Be it further enacted^ That any perfon in the 
faid town of Newfield, who may defire to join the faid Conditions of 
Congregational Society, and declare fuch intention in writ- dety!^ ' ^ ^° 
mg given to the clerk of the faid fociety, and alfo a copy of 
the fame being delivered to the clerk of the town, on or 
before the firft day of March, of the year in which fuch 
application fhall be made, and (hall receive a certificate, 
figned by the minifter or clerk of the faid fociety, that he 
or {lie has actually become a member of, and united in re- 
ligious worftiip with the faid fociety in Newfield, fuch per- 
fon ftiall, from the date of fuch certificate, be confidered 
with his or her polls and efliates, as members of faid fo- 
ciety. 

S;:CT. 3. Be it further enacted^ That when any member —of leaving th«^ 
of the faid Congregational fociety in Newfield fhall fee caufe ^°"^'l'- 
to leave the fame, and to unite in religious worfhip with 
any other religious fociety in the faid town, and fhall give 
notice of fuch intention in writing, delivered to the clerk 
of the faid fociety, and fliall alfo deliver a copy of the fame 
to the clerk of the town, and produce a certificate figned 
by the minifter or clerk of fuch other fociety, that he o!* fhe 
has actually become a member of, and united in religious 
worfhip with fuch other fociety, fuch perfon, from the date 
Qf fcch certificate, with his or her polls and ef late, fhall be 

confidered 



22* 



•JTiftice to Iffue 



tYNN LONG WTIARF. 



June 20, An. 1 807. 



confidered as members of faid fociety : Provided bowever, 
that in every fuch cafe, every fuch perfon fhall always be 
held to pay his or her proportion of all parifli or fociety 
charges, aiTefled and not paid previous to leaving the faid 
fociety, and being received into another. 

Sect. 4. Be it further ena6fed. That any Juftice of tho 
Peace for the county of York, upon application therefor, is 
hereby authorized to iffue a warrant, directed to fome 
member of the faid Congregational Society in Newfield, re-, 
quiring him to notify and warn the members thereof, to 
jneet -^t fuch convenient time and place as (hall be appoint- 
ed in faid warrant, for the choice of fuch officers, as par- 
ifhes are by law required to choofe at their annual parifji. 
meetings. 

[This ad paffed June 20, 1807.] 



CHAP. XLIII. 

An act to incorporate Aaron Newhall and others, by the 
name of The Lynn Long Wharf Company. 

Whereas, Aaron Newhall, and others his af- 
■^t'tonsbte. fociates, are owners of a wharf in Lynn, in the county of 
Effex, and a road leading thereto, at a place called Black 
Marfli ; and faid proprietors being delirous of extending 
their faid wharf beyond the prefent limits thereof, for the 
purpofe of coming into deeper water, and of better accom- 
modating themfelves with room to land lumber and other 
articles ; — 

Sect. 1. BE it therefore enacted by the Senate and Hovfe 
of Reprefentatives^ in General Court affemhled^ and by the au- 
thority of the fame. That Aaron Newhall, Henry Oliver 
Amos Rhodes, Samuel Chafe, Aaron Breed, Theophilus 
Breed, jun. and James Gardiner, Efq. of Lynn, and Jona- 
than Buffum, of Salem, and all other perfons who may 
hereafter become partners in faid company, be, and they 
hereby are made and copilituted a body politic and corpo- 
rate by the name of " 1 he Lynn Long Wharf Company,** 
and by that name may ^e and be fued, in all actions real, 
perfonal or mixed, to final judgment and execution, and 
may do and fuffer all acts, matters and things, which bodies 
politic may or ought to do and fuffer, and may have and 
life a common feal, and the fame may break and alter at 
fpiv]Sfi. pleafure : Provided however ^ that any proprietor, afienating 

hit 



Perfons lacar* 
;parated> 



LYNN LONG WHARF r or^ a . 

^^^^' ^'^^^^ 20, An. ] SOT. 2 

mZZ ""'7 '".'^"'^ '-^""^'"y' """ thereupon in rcf- 
eJ thereto, ccaie to be a member of il.icl corporation • and 
the au,snee thereof, and hi. Iicirs and afli^nsihall bTi^ reil 
pea thereto, tliencetorward a mernhnr nfA; I -1 .• 

Jl! „ "Shts, and fub eel to all the duties nen- 

alnos and payments which the alTi^or thereof wa "^ or 
nnght have been veiled with or liable to 
ti.fnl'Tvi'i ^' ''/"'-'/^f /''«^^^<3', That the faid corpora- 

i.ieir la.ci wnait ,o low water mark, whenever ihev flnli ^"'!"'T"^ 
deem tt necelfary for the purpofes af^refaid, /.^ 'S S """""- 
co,,x,.atK,n are or may be the owner, of land or flatTuDoa 

d -a vetV "'"'■' "'"^- '"' •'"'"' '''^ --^P-'^ th<:r erf to^be 

cietermtn^d P^P^ ?"' '^ '^"^ Aall judge beft, to be 
ed inXacT^J " P^pnetors, as hereafter provid- 

Sect. S. £<• /.' further en^clcd, Tliat the cronertv nf 

LerebvCth ^ "'' ^--P""''"" A^^" have power, and P-per,v*Me 

1 r.» I ur" o"-' ^"'' *" ^^" ^^id additional number o*^ 
diares at public auclion, to the hi-heft bidder and rwH?' 
money arifing from the iltles of ^[id dd dona'l fl"ar ^ il aU 
; Sa^Th"^''' '°'-'^ '"'J"' "-^'^'"g ^"-> add' ions to^.d 
Sulid ifc^^rbTn^SfL-lrS-^^^^ ^"e'^ 

vvxiarr, as mall be exprefled in faici certificite 

^ fli'aro'lh;^ f' ^''-^^^^Y'T''^' "-^^^^ ^fter'fuch addition. 

'cr anTihev .r' T"^".' '^''' ^"^^ corporation ftall have now- e • 
cr, ana they are hereby author 7.-d 1-n i^.-,!-^ r i ^. Corporation fur- 

a terations ^nd f-nrthe^- adStio'^^'t," iSati^ ^^^ "'"""''°""" 
: trorn time to time fhall dec-i n-^-i^^-.^ . ^ ?" ' . ^ 

' cC;:;tr.^^^' ^-^.^^^^y rtitn't^f CslnVs 

coi por..ion provided that no grant fhall be made exceed 

iSrin'a;!';re'v™!'''-^^^" ^"-' '- ^^'^^^^^^^ 

Sect. 5. i?,. Itfurtler enaaed. That fldd co-noration 
cijt) , they fiia 1 alfo chaofc a treafurer, wharfino-er 

ill i^ O ' 

and 



,^ LYNN LONG WHARF. /.« 20, An. , 807., 

^ r ^ ^ihnv oHlcers as to faid corporation fhall appear 

""'^ Tl W tL ma^^^^^^^ and government thereof , 

ncceiliry loi the '7"t3^^^„.^„„.^tion flraU one vote 

and each member ot iaid corporation i ^^ ^1 ^^ 

aiiake reafonable rules and by-5»w ' *'>f «^ - , °al at 

F,o„ro. plealure : Proviacd ^f ' t^^r";„„ 3„d laws of this com- 
not be repugnant ""^!f;"^.'\";the proprietors of forty 
monwealth, and provided tnat the piop 

ftares of the prefent number ^^f^-'-^^'^^'^l^, t„dred 
when faid number fl.aU b5J^"?'^-^"\'=° j j.^, j^, ^j^oofe 
ftares (hall affent tl-eto. But u fhaU^b la ^^^^ 

Lrein to the -™J--^S'^4fe; any fh.re may be 

Sect. 6. f^ '^ -/"'•'''',. ,i,p,.pof by a deed under his 

alienated by the Pj'^Pf ^'^\ 7^;?;' f/,e fome inftice of the 

r ; ^ , hand and feal, and ackno^vledg^ oeto e i^n J .^ ^ 

Shares may be , ^^^^t-rlpH hv tne clerJv Oi l^au ^-^'Vt''^ ' 

eiienavcd.' pcace, and y^^^^f ,iL ruroofe -^.nd any purchafer, Ihew- 

prietor ihall negleft or ^-^f^^; ° P^.'^rSreafurer, withm 
acrrced upon by tl'.e corporaiion to eir ^^^ 

Muqaciii. ~P J , ,,f,,,r the time fet for the pa>meuL u r n ,, 

forty days altur tne imi^, l„.rp1w authorized to fell at 

treaurerof&id corporation is l'^^'=^y ^^^, dtlinquent pro- 
public vendue, the i!--^°'-,,^^\'^^,5° en *„ defray faid tax- 
prietor, one or more, as fliall oo i" *'';'^™ ^ , notifying in 
Land neceffary incidental ;;l-g-^;^', „," he fum du? on 
fome newfpaperprmted in Bofton o bale . ^^^^ ^^^^_ 

any fueh fhares, and the tune and pace oUa ^ ^^^^ ^^^ 
.een days previous to ^h- time of U-, an ^^^^ ^^ 

be a lufficient transfer ot the A';-'^ ~f ^„tlfi<,a,e of fuch 
perfon purchaung, and on F™''^^ S^/f^d corporation, 



Jufticc to iff; 
a warrant. 



BRIDGE COR. J««.20,An.lS07. 

tents andpurpofes tl.c proprietor thereof; and the over- 
pt -."al^/thrre be.ihaU be paid on demand by the treal- 
Srer to the perfon whole ihares were tnus fold. 

Si-cT 8. And be it further e,u,eted, Th.at the Hrft meet- 
ing of flid corporation Ihall be called by a warrant iflued 
bv a uftice of the peace, and that any juftiee of tne peace 
iJfaki county, to whom application Ihall be made by any 
Sree of the nrefent proprietors for the purpole, fhall be 
Authorized to iffue his warrant, direded to fome one of the 
faid oroprietors, to caU their faid hrfl meeting. 

Se^ct 9. And he H further emSed, That the Legifla- s,,bi^to. 
ture of this commonwealth may, at any time after the ex- »••<>"■ 
notation of ten years from the paffing of th« act, alter,amend 
\x repeal the fame, as they fliall judge to be neceffary. 
■ [This act palled Jhb^ ao, 1807 .J 



CHAP. XLIV. 



An act for erecting a Bridge acrofs the ftream, called Ken- 
dulkeag, in the town of Bangor. 

Spct 1 Re it enaeted by the Senate and Hovfe of Rep- 
re^ntatives, in General Court afemb/ed, and by the authority 
f be fane. That Mofes Patten, Amos Patten Nathat^td p. o. 
frarloW, Samuel E. Dutton, Jofeph Treat, John Je-Kms jun 
Robert Parker, JohnBalch, William Hammond, jun. Jacob 
M'Gaw, Horatio G. Balch, Ebeneiser Wefton, pn. and Jo- 
feph Whipple, together with fuch others as already have 
or may hereafter affociate with them, their lueceffors and 
affisjns, be, and they are hereby made a corporation and 
body politic, bv the name of the Bangor Bndj;e Company 
and by that name may lue and profecute, and be toed and 
profecuted, to final judgment and execution, and do and 
fufFer all other acts and things which bodies politic may oi 
ought to do and fufFer ; and that laid corporation (hall and 
niav have full power and authority to make, have andule 
a common ieal, and the fame to alter and renew, at pleal- ^„,^„ 
ure ■ and fhall alfo have power to chooie feven directors, a cho„k 
crefident, clerk, trealUrer, and fuch other ofhcers as may 
te neceffary, at fuch time and place, and m fuch manner as 
faid corporation, at any legal meeting thereof may think 
proper to direct ; and faid corporation fhall alfo have pow- 
br to make all neceffary and proper rules, regulations and 
bv-!aws, not repugnant to the conftitution and laws o 



7rictor? an 



BRIDGE COR. r c^ . 

June 20, An. 1 807. 

tliis commonwealtli, and ci'pedallv fnr Hi» » r • 
l!.arcs, and for the fale of the Ses nf n'r '""^f'^''""? ot 
tors. And if the faid corpoi^ onTh^l '''^''r'\"'="t P"'P"^- 
con^plete the faid brid^TC hTfe off!:?"'' ''^^t '" 
the Paffing of d.is ac% 5.„ this aa'St:°S 5?o 

.„„.„. «>a1f b::a^d t£vYr^e-:;ttt;!^:',t '^t^^^^^^^^^^ 

xium trie count/ load, on the northerly fide of faid flre.n 

be liable to pay all d nt'e.s whi- ^"'"Po'-^tion Ihali 

fiiM K,-: J ^^ >i^i«-LL i;i want or repair in flip 

courn ° a' "r?K ' P'-'^'^«"ient of the grand jury of the 

and fhall be iurrendered to the faid town in good r™ r' 
to be fupported by the faid town, in the fame" man^.?ri' 

^toSii^ s ::f r '""'^t' > ^^^^ 

neo-lerl -^"'^ '"^ '^'^ ^^"'^ penalties in cafe of 



negiecl. 

aLKlLed. SecT; 



)f toil. 



the^faid n-. • " -^"'''t- """"''' "^''^ for rcimburfin-to 

the foi; beneht rf ftM "'"^ •' S""''^'' ='"'' '^^'^^''fl'^d for 

iL loie Denent of ijid proprietors, accordin<>- to the rup. 

following, v.z._For every foot paiienger o°ie cent fr' 

c;d^.rfor"ole'T'''' ^---'^'fo-ver/t.^^w.eel^d 

cait, drawn by one beaft Mvrp-^o ^ ^^ ^v^xy niaii^et 
gon, drawn bv' two oxe"' "or ho';/ 'Z 'Zl 'T ""^ ''''S- 
cart or waggon, drawn by mo« tl.;n nv^ o> ^ firX^ 

ior every &n:i^' :;:z^^z:^^^]^ ; 



3RIDGECOR. J.«. 20, An. 1807. 22<> 

-nd if drawn by more than one beaft, eight cents ; for all 
cattle, hories or mules, led or driven, befides thofe in teams 
or carnages, or for the ufe of riders, one cent each : for all 
.heep or iwine, at the rate of three cents by the dozen i 
and to each team, one perfon and no more, fhall be allowed 
:.s a driver to pais free from toll. -And at all times when 
tne toil ptherer fhall not be attending his duty, the 2;ate 
ihaa be iert open and the paiTenger or carriage may pafs 
tree or toll ; and the find toll may be commuted with any 
pa-ion or perions, or with any corporation, by takinjr of 
.urn or tnem, a certain fum annually, as may be mutually 

ttirtolT fh^^nn^h"'.'^'' '"'} f '^'^^^ '' ^'''^'^''' ^'^'^^^'^ --ifo. 
tnat toxl Ihail not be demanded or received of any perfon 

going to or returning from pubUc worfhip, or fchool, or 

military duty, or from any perfon or perfons, rclident in 

laid town, pailmg to or from any part of his farm. And 

the .aid proprietors lliall erec^ and keeo expofed to public 

view, a iign or board, with the rates of toll of all the toUa- ^^s"- 

ble articles, legibly written or printed thereon, in lar-e or 
capital letters. ^ 

^ Sect. 4. Be it further enacted. That all legal meet- ^, . • , 
mgs or the members of the faid corporation, helH in pur- S-Xide. 
fuance of this acf, the concerns of the faid corporation Ihall 
be decided by a majority of the votes, and each member 
preient Ihall have one vote for each Ihare he may hold and 
one vote for every five Ihares above ten, and ablent mem- 
bers may vote by proxy, being duly authorized in writiro- 
And whenever any five members fliali in writin^r, request 
the prehdcnt to call a meeting of the members of faid cor- 
poration, tne prehdent may caufe a meeting to be notified 
m the manner which may have been agreed on, for camn<^ 
meetmgs of the faid corporation. "^ 

Sect. 5. Jnd be it further enacted. That any three of,, 
the proprietors before named, may call the iirfl meeting of .n^ :Sh! 
the .aid proprietors, by an advertifement in the newipiper 
printed m fiuckilown, in three fucceilive paners, the hft 
publication to be ten days, at leaff , before the time appoint- 
edm faid advertifement, for faid liril meeting : and the 
laid proprietors ir^ay then and there agree npon the time 
a.id manner of calling future meetings; and all reprefenta- 
tions made at faid meetings Avail be done in writing, and 
nled with the clerk ; and this acl, with all the ^/otes and 
proceedings of the faid corporation, fhall be fairly and truly 
recorded by fliid clerk, in a book or books, for thatpurpofe 
to be provided and kept. ^ 

Whereas 



lannerof calf. 



230 



MINISTERIAL FUNDS, 



June 10^ An. 1807. 



Preamble. Whcreas ail aa was paffed on the twenty-feventh day of 

February, in the year of our Lord one thouf ind eight hun- 
dred and feven, entitled " An ad: for ereding a bridge 
acrofs the Kendufkeag llream, in the town of Bangor," 
which authorized the town of Bangor to build abridge in 
the fame place intended by this ad ; and whereas the in- 
haoitants of faid town have at a legal meeting authorized 
their felec1:men to petition this court, that all the powers 
and authorities vefted in faid town, by the ad aforelaid, 
fliould be transferred to the above named Mofes Patten and 
others, and their aifociates, and the feledmen having peti- 
tioned this court agreeably to the vote of faid town, author^ 
jzing them as aforefaid : 

Sect. 6. Therefore he it further enacted^ That the afore= 

KQc repeaiecj. faid ac^, entitled " An ad tor ereding a bridge acrofs the 
Kendufkeag f.ream, in the town of Bangor," paffed the 
twenty-feventh day of February, in the year of our Lord 
one thoufand eight hundred and feven, be, and the fame 
is hereby repealed. 

[This acl paffed June 20, 1807.] 



Pr(iapible. 



Perfons Incor- 
porated. 



CHAR XLV. 

An ad to incorporate certain perfons by the name of the 
Truftees of the Minifterial Funds of the Congregational 
Society in the town of Maiden, in the County of Mid- 
dlefex. 

Whereas, fundry grants and donations in re- 
al and perfcnal eflate have been made to the town of Mai- 
den, the rents and profits thereof to be folely and forever 
appUed to thefupport of the miniftry of the Congregational 
Societv in faid town ; and whereas many ar.d great incon- 
veniendes have arifen in the prefent mode of executing 
thefe o-enerous and pious defigns : , r j r 

Sect. 1. BE it therefore enabled hy the Senate and Houje 
of Reprefentatives, in General Court affenibled and by the 
authoriti of the fame. That Bernard Green, Efq. Stephen 
Paine, j'un. Nathan Nichols, William Emerlon, and Henry 
Gardner, be, and they hereby are conftituted a body politic 
and corporate, bv the name of the Truftees ot Maiden IMinif- 
terial Funds, and they and their fucceffors ftiall continue a 
body politic and corporate by that name forever ; and by 
the fame name may fue and be fued in all adions, and pur- 
fue and defend the fame, to final judgment and execution. 

SliCT. 



MINISTERIAL FUNDS. June 20, An. 180T. 231 

Sect. 2. And be It further enaSed Tint the aforefaid 
truftec^s be, and hereby are veiled with full power to re- 
cede nto heir handsel! monies, grants donat.ons, and 
fecuri des for eftates real orperfonal, already railed, and aU 
monk rfubfcriptions, donations, and lecunties for real or 
^crfonal eftates that may hereafter be S-en^aUed o, fufe. 
fcrlbed for the purpofe aforetaul, to any amount not ex 
leedin" Ptteen thousand dollars, and may iell and convey 
by goc^Il'^d well authenticated deeds, any lands and tene 
meifts, whereof the fee may veft in them, by virtue ot 

may affemble and meet together, a/ .° ,?" ^^^. ^^^^.tl S" ■"'"'"^'• 
think neceffary, for the promoting of *>'=■' ""^^'fy'f^,'" ^'■ 
of whom Ovall conftitate a board for doing bufmels, but Uie 
concur ence of three at leaft ilvall be requuite to every acl 
• nd" o "ding whatever, they may determine the manner 
of calling meetings, they may appoint » f;''Jent, ckrk 
and treaiUrer, an agent or agents, ^f other f^f^il^ ' 
ficers and committees, they may ^^^^ .;;;'^"r\;"fd 
reo-ulations and by-laws, and annex penalties tor the bieacn 
thereof not Repugnant to the laws of this Commonwea tl, 
they may have^a common feal, and change the fame at plea- 

^" s" CT. 4. And be it further enaHcd, That the clerk^f fa^ ^^. *. 
corporation, who ftiall be a member ''^5.>^e"i^^and ihall be 
fw<;rn to the faithful difcharge of his oftice, ihall have the 
cire and cuftody of all records and documents belong ng to 
faU truC and fhall carefully and fairly record all their 
vote and poceedings ; alfo, a ftatement of their funds and 
Iftate in their handst wherein fliall be particularly defignat- 
ed the nature and amounts of each original grant or dona- 
tion th" period when made, the donor's or grantor s name 
and'p ace'of abode at large, with fiich other c.rcumfta>^^^^^ 
« mav be thought ufeful or proper, to aiftinguifli the fame 
and perpetuate'the remembrance thereof in a book kept 
for fuel purpofe, and Call certify the fame when thereunto 
;eqah-ed and do whatever elfc may be incumbent to faid 
2ce and if he (hall negWct fo to do or ^-f^^^^^^l 
Hsfuccefforino|liceasf.^nas-^^ 
nnd documents in ni!> nai>u.i, m j,'-'^'^*- i ,? • , ^»„/ 

he IhaU forfeit and pay a fine of ^v dollar., and thu.:) aol- 
lar, for every month's detention altorwams ^^^^^^^^. 

qcpx 5 And be it further enacted, luat t.ie -reauirer or 
fl«Se;s,t4fl.al{be a i.ember thereof, and fli^l^be 



"282 



MINISTERIAL FUNDS. 



June 20, An. ]S07r 



fworn to the faithful difcliarge of tiie duties of faid oilke, 
fliali bo the receiver of ail money and e&ds due, owinrj 
and coming to them, and may demand, fue for and recov"^ 
■er the flime in their name, ■unle^^ prohibited by them, and 
lie (hail have the care and cuftody of money and effects, 
obhgations and fecurities for the payment of money and 
other things, and all evidences of property belonging to 
faid truftees, and be accountable to them' therefor, and 
ihall difpofe of the fame as they (hall order and direct, and 
flaall render an account of his doings, and exhibit a fair and 
regular ftatement of the property and evidences of proner- 
ty in his hands, when they fhall require the fame to^ be 
done, and he ftiail deliver up to his fucceilor in office, all* 
the books and papers, property and evidences of property 
in his hands, in good order and condition, and if he {hall 
fail fo to do, for the fpace of thirty days after his fuccefTijr 
Ihall have been duly appointed and qualified, he iliall forfeit 
and pay a fine oijfiy dollars, and the further fum of fbirty 
dollars per month, for fuch failure or neglect aftertrards. 

Sect. 6. Jnd be it further enacted^ 1 hat it fliall be the 
duty of faid truftees, to ufe and improve fuch funds or 
eftate as fhall be vefled in them by virtue of this acl, with 
care and vigilance, either by loaning the fum upon inter- 
efl:, or veiling it in public fecurides or bank ftock, fo as befiT 
to promote the defign thereof, and they ihall be amenable 
to fliid town for negligence or mifconducT; in the manao-e- 
ment thereof, whereby the fame fhall be impaired, or fuffer 
lofs, wafle or diminution, and the inhabitants of faid town, 
may have and maintain a fpeciai action of the cafe againfl 
the proper perfons of faid trullees, and their goodi and 
eflate, jointly and feverally, for (lich negligence or mifcon- 
ducl, and recover adequate damage therefor, and any fum 
fo recovered fhall be deemed to the benefit of faid funds, 
and fhall be paid to faid truftees, who may have an adion 
ot debt therefor accordingly. 

Sect. 7. Ayid he it further enacted^ That when faid 
riarvuig money, truflees fhall loan any money belonging to faid funds on 
private obligation, it fhall be in furns of not lefs than two 
hundred dollars each, and for the term of one year, upon 
the bond or note of the borrower, v/ith fccurity to the fat- 
isfaclion of faid truftees, for the repayment of the princi- 
pal fum, with intereft annually till paid ; and if any debtor 
to faid corporation ihall fail to pay'thc intereft due on his 
bond or note, for the fpaco of thirty days after die fame 
ftiali becom.e due, it fhall be the duty of faid truflces, to 

caufc 



Truftees to im 
prove fnuds, 
&c. 



^—Liable in 
:.-<fe of. 



—Limited in 



MINISTERIAL FUNDS. June 20, An. 1807. 2f33 

caufe fuch bond or note to be put in fuit, and profecuted 
until it lliall be obtained. 

Sect. 8. And he it furihcr enacted^ That if faid truftees penalty inrafe 
Ihall fail to pay the annual income of faid funds to the fct- ^^ "eg'^^*^' " 
tied minifter of the con2;rea;ational focietv in faid town, to- 
wards his Hilary, or to defray the expenfe of public wor- 
fhip, when they fhali be deftitute of a fettled minifter, with- 
in thirty days after the fame fhall become payable as afore- 
laid, or neglect to make report annually in the month of 
May, previous to a choice of truftees to faid town, or to a 
committee chofen for that purpofe, of what funds ?.hd ef- 
tate they actually hold, and by what tenure ; what money 
and eiTeds are due to them, and how the fame are fecured, 
and what receipts have been obtained, difburfements made 
fcy them the preceding year ; they fhall feverally forfeit for 
each offence, the fum of tzucnty dollars^ and the further 
fum of thirty dollars per month afterwards, until they ftiall 
make payment of faid income as aforefaid, faving alwayis 
that faid truftees fhall not be liable to the forfeiture afore- 
faid, for non-payment of faid income, if they fhall profecutc 
as before in this act provided, w^itliin thirty days after the 
fame fl^all become due for the recovery thereof. 

Sect. 9. And be it further enacted^ That it ihall be law- Tmaccs ei-ar^- 
ful for the faid town of Pvlalden annually, in the month of "^ "'"'"""y- 
May, to choofe by ballot, fuch perfons as they fhall think 
proper, to the number of five, to ofiice of truftees, provid- 
ing no perfon Ihall be eligible to faid ofiice, or have a right 
to vote in the choice thereof, who fliall not be a member 
of the Congregational Society in faid town. 

Sect. 10. And be it further enacted^ That the faid truftees Q^^erai care 
(hall have cuftody of the meeting-houfe, belonging to the and c^icrm of, 
Congregational Society in faid town, and the parfonage *'^^ ''^"^'^^^■ 
buildings, and make all neceffary repairs-thercon, provided 
the amount of fuch repairs do not exceed the fum of fifty 
dollars, at any one time, and ftatc to the alTeflbrs of laid 
town, the amount of fuch repairs and other contingent 
expenfes of faid fociety ; and the fum neceflary in addition 
to the proceeds of their funds, to make up the minifter's 
falary, which fums fatd afl'effors fliall aflefs upon the polk 
and eftatcs of thofe, who are members of faid Congregation- 
al Society, and commit the fame unto the collector or col- 
lectors of faid town, to ho. by him or them collected and 
paid to the treafurer of faid truftees, who is velted with the 
fame power in cafe of neglect or delinquency of fuch col- 
^^ctor ot colhdors, as town treaiurers have in like cafes, 
F f faid 



234 SIUICE-WAY, June 20, An, I8OY1 

faid fums to be by him paid out, to defray thofe expcnfes, 
for negled of which he is fubjod: to the fame penalties as 
he is under in the fifth feftion of this aft, 
Cotopenfated Sect. 11. /■nd be k further enacted. That the faid truf- 
for fervicea. ^.g^s fhall be entitled to receive a reafonable compenfation 
for their fervices, in managing and taking care of faid funds 
and eftate, but no part of luch fui^ds or^eftate, or the in- 
come thereof, fliall ever be appropriated to that purpofe. 
3. Green, Efq. Sect. 1 2, A7id 1)6 it further enoded. That Bernard Green,- 
toappointfiifi Eiq. 13 hereby authorized and direfted to appoint the time 
^^''^"°' and place for holding the firft meeting of faid truftees, and 

to warn fuch meeting accordingly. 

[This a6l palled June 20, 1 807.] 



CHAP. XLVI. 

An act to incorporate Ezra Smith, Cornelius Thompfon^ 
and their aflbciates, for the purpofe of making a fluice- 
way in Topfliam, from the upper part of Bruniwick 
falls, to the tide waters below. 

Sect. 1. JoE it enaded by the Senate and Houfe of R.epre- 
fentatives, in General Court affembled, and by the authority of 
the fame. That Ezra Smith, Cornelius Thompfon, and all 
corporlted?"" Other pcrfous, who now are, or hereafter may be allociated 
with them, for the purpofe aforefaid, be, and they are 
hereby made and conftituted, a corporation and body poli- 
tic, by the name of The proprietors of Topfliam Sluice- 
way ; and by that name may fue and proleciite, and be 
fued and profecuted, to final judgment and execution ; and 
to do and fuflfer all other acls and things which bodies poli- 
Proprietors em- tic may do and fuffer ; and that the faid corporation Ihall 
gowered have fuU powcr to make, have and ufe a com.mon feal, and 

the fame to renew and alter at pleafure ; and at any legal 
meeting^ thereof, to choofe a moderator, a clerk, who fiiali 
be fw^orn to the faithful difcharge of the duties of his of- 
fice, a treafurer, diredors, and luch other officers as may 
be neceflary for the governn.ent of their concerns ; and 
the faid corporation lliall alio have power to make all ne- 
ceflary and proper rules, regulations and by-laws, not re- 
pugnant to the laws and conftitution of this Common- 
wci^lth ; and efpecially for the transferring of Ihares, and 
for the fale of fliares of delinquent prt.prietors \ and may 
<?.nJGin and recover fines aud penalties for any breaches of 

fuch 



SLUICE-WAY. June 20, An. 180% 22,S 

fuch by-laws, not exceeding fifteen dollars^ for any one 
breach thereof. 

S^c T. 2. Be it further enacted. That the proprietors afor«- Authorized te 
faid be, and they are hereby authorized to make, maintain "^^^*^ ^ '^^^=ff- 
and ufe a fluice-way in TopUiam, from the upper part of ^^^^' 
Brunfwick tails to the tide waters below, in the moil con- 
venient direclion and fuitable places for making the fame, 
and for the leading, unloading and tranfporting of lumber 
and other commodities therein ; and to purchaii2 and hold, 
to them and their fucceffors, real eftate neceffary and con- 
venient for thefe purpofes. And if it fhall be neceffary for 
the faii proprietors to run faid fluice-way over the lands 
of any perfon or perfons who may not be willing or able 
to difpofe of his or her right therein, they are hereby au- 
thorized to take and hold lo much of faid lands as may be 
neceffary for the making of faid fluice-way, and convenient 
landings for lumber and other conimodities that may be ^ii (^.imase* tp 
conveyed through the fame, by paying all damages that be eftimated 
may arife to any perfon or perfons by taking fuch lands ^" ^^^ 
for thefe ufes ; and fuch damages (hall be eftimated and re- 
covered in the fame v^ay and manner as is provided in the 
third feclion of the a6l incorporating the proprietors of the 
Middlefex Canal, wherein provifion is mxade for the re- 
covery and ellimation of damages in limilar cafes. 

Sect. 3. Be it further enacted. That if any perfon or per- penait'/. 
fons fhall wilfully and malicioufly, in any way, deilroy or 
injure faid fluice-way, or any works or part thereof, or di- 
vert or obflrucl the waters, to the damage of the faid pro- 
prietors, he, fhe, or they, fhall pay to the faid corporation, 
treble the damage fo done, to be recovered by an action ou 
the cafe, with cofls of fuit. 

Sect. 4. Be it further enacted. That for the purpofe of 
reimburfing the faid proprietors, the money to be expended 
in making faid fluice-way, and keeping tJie fame in repair, 
a toll be, and is hereby granted and eftablilhed for the 
benefit of the faid proprietors, their fucceffors and alTignp^ 
according to the rates following to wit : For every thou- Tciicftabiiflie£,' 
fand feet of boards, of plank in board meafure, of joifi:, of 
oars and oar-rafters, forty cents ; for every thoufand of clap- —Ratci a 
boards, forty cents ; for every thoufand of fliingles, eight 
cents ; for every thoufmd of ftaves, fifty cents ; for every 
ton of timber, twenty cents ; for every hundred feet of 
ranging timber, fifteen cents ; for every mafl, fixty cents ; 
for all fpars, five mills per inch ; and in the fame proportion 
for a greater or Icfs quantity of any of faid articles : Pro- 
vided 



12^6 



SLUICE-WAY, 



Jwte 20, An. 180*7, 



Trovifo. 



fatcreft to be 
t.'ividcd into 
ll^ares. 



vided however, that the General Court fliall have the right 
to regulate faid toll at all times, from and after the expira- 
tion of feven years from the time laid corporation fhall 
commence receiving their toll. 

Sr.cT. 5. Be it further enacted. That the inter eft in th.e 
faid fluice-way fliall be divided into one hundred fliares, 
and fhall be deemed and confidered in law to be perfonal 
eftatc ; and that at all legal meetings of the proprietors 
aforefaid, their concerns fhall be regulated and decided by 
the majority of votes ; and each proprietor prefent, fhall 
have one vote for every fhare he may hold, provided no 
one proprietor fhall have more than ten votes in any cafe j 
and abfent proprietors may vote by proxy, under fuch reg- 
ulations as the faid corporation fliall prefcribe. 

Sect. 6. Be it further enacted. That the manner of call- 
ing a meeting of the faid proprietors, until they at a legal 
meeting fhall adopt any other m.anner for that purpofe, 
which they are hereby authorized to do, fhall be by an ap- 
plication to any Juftice of the Peace for the county of Lin- 
coln, from any two or more of faid proprietors, under their 
hands in writing, exprelTrng therein the time and place, 
and purpofes of the meeting ; and fach Juftice is hereby- 
empowered to grant a warrant for fuch meeting, to be di^ 
reeled to one of the proprietors applying for the fame, re- 
quiring him to notify the faid proprietors of the meeting, 
and of the time and place, and purpofes of the fame ; and 
a copy of faid warrant, v/ith the notification thereon, fliall 
be polled up in fome public place in each of the towns of 
Topfliam and Brunfwick, ten days, at leaft, before the time 
appointed for holding the meeting. 

Sect. 7. ^i? /V/z^r//-?i:r ^;2^c/^<:', That if the faid proprie- 
tors fliall negle<Sl, for the" term of ten years from the palT- 
!>it void in cafe. ^^§ ^^ ^^^is acl, to make faid fluice-way lit for ufc, then this 
acl fhall be void and of no efl'ecl. 

[This acl palled June 20, 180?.] 



ivUnner oi caj 
ing firft meet' 



{END OF MAT SESSION, I S07.J 



Errata. — The Chapters at the beginning of this SefTion, fliould have been num- 
l^erecl from I to X, inltead of their prclent numbers— when the progrellion is correift. 



LAWS 



PASSED AT THE SESSION COMMENCED ON THE 
SI^vTPI OF JANUARY, 1808. 



POURTS IN OXFORD. Jan. 18, An. 1808. 

CHAP. XLVIL 

An acl to cftablifli the fhire town, and the times and place 
for holding the Court of" Common Fleas, within and for 
the County of Oxford. 

Sect. 1. IjE it enacted by the Senate and Houfc of Repre- 
fentatives, in General Court ajfemhled^ and by the authority of ^^^^y^"^^^^" 
the fame. That the town of Paris, in faid county, be the 
fliire tow^n ; and that all the neceflary public buildings be 
erecled in faid town on land belonging to faid county, with- 
in and for faid county of Oxford. 

Sect. 2. Be it further enacted. That from and after Number of tern 
the palling of this acl, there fliall be three terms of the ^^'^ '™««- 
Court of Common Pleas, to be holden at Paris, v/ithin and 
for the county of Oxford ; one on the fecond Tuefday of 
May ; one on the fourth Tuefday of September, and the 
other on the third Tuefday ol February, annually. 

Sect. 3. Be it further enacted. That ail writs, procefTes, writs.&c.tob- 
recognizances and other matters and things, returnable or rciurned. 
continued to the Court of Common Pleas, by law next to 
be holden at Paris, within and for faid county of Oxford, 
on the fecond Tuefday of May next, iliall be returned to, 
continued and have day in the court to be holden on the 
third Tuefday of February next. 

Sect. 4. Be it further ejiacted. That all laws heretofore 
made and palled, fixing the times and places of holding the '^^^^"P'^^'^ 
iaid Court of Common Pleas, within and for faid county 
of Oxford, be, and the fame are hereby repealed. 
[This acl: palled Jan. \%, 1808.] 

CHAP, 



Boundaries, 



23* WEST BOYLSTON. Jan. 30, An. 1808, 

CHAP. XL VIII. 

An acl to incorporate a part of the towns of Boylfton, HoK 
den and Sterling, into a feparate town, by the name of 
Weft Boylfton. 

Sect. 1. ijE it enacted by the Senate and Houfe of Rep.- 
refeniaiives^ in General Court ajfembled^ and by the authority 
of the fame. That the tracl of land, defcribed within the 
following boundaries, with the inhabitants thereon, be, and 
they are hereby incorporated into a feparate town, by the 
name of Weft Boylfton, viz. — Beginning at a black birch 
tree, on Shrewfbury line, at the fouth end of the centre 
line of Maiden farm, fo called ; thence, on faid centre line, 
to a corner of the fecond precind in Boylfton, near the 
dwelling houfe of Reubsn Dunton ; from thence, follow- 
ing the line between the faid firft and fecond precincts in 
Boylfton, to Sterling line ; thence, on Sterling line, to a 
heap ot ftones, a corner of faid precin6l ; thence, angling; 
as the line now runs, between the firft and fecond precincts 
in faid Sterling, to Holden Ime j thence, from faid Holden 
line, one hundred rods, to a heap of ftones, a corner of faid 
fn-ft and fecond pre."ind;s in Holden ; thence on the line 
between the faid firft and fecond precincts in Holden, to an 
apple tree, on Worcefter line, near the dwelling houfe of 
Artemas Bartlett ; thence, angling on the town lines of 
Worcefter and Shrewfbury, to the firft mentioned bound : 
And the faid town of Weft Boylfton, fiiall have and exer- 
cife all the rights, powers and privileges, and be fubject to 
all the duties which appertain to other towns, according to 
the conftitution and laws of this commonwealth. 

Sect. 2. And be it further eriacted^ That any perfons, 
v/ith their refpective families and eflate^, who dwell within 
the limits of the faid town of Weft Boylfton, and who were 
not originally incorporated in laid fecond precinct, by the 
provilions in faid acT:, and who fliall choofe to belong to the 
town to which fuch perfons now belong, and Ihall certify 
fuch choice in writing, to the clerk of faid town of Weft 
Boylfton, within fix months from the firli Monday in March 
next, fuch perfons, who fo certify, fhall continue to be in- 
habitants of fuch towns refpectively, according to fuch 
choice. 

Sect. 3. Be it further enacted. That the inhabitants, 
dwelling within that part of the town of Sterling, which is 
by this ad made part; pf the town of Weft Boylfton, fhall 

have 



WEST BOYLSTON. Jan. 30, An. 1808. 2S.9 

have their equal proportion of all tlie public property of 
the town of Sterling, (excepting real eftate, weights and 
meafures) and (hall pay their proportionate part of all the pubWc propert* 
'' ftate, county and town taxes, and other taxes and debts ^'i'""y '^'^■'<^'<''* 
due from the town of Sterling, previous to the firft Monday 
of March next, according to the proportions in which they 
have heretofore paid all public taxes, ?.nd town debts ; and 
the faid inhabitants fliall fupport their due proportion of 
the poor perfons, who are now fupported by the town of 
Sterling : And that any perfon who may have gained an 
inhabitancy at any time before the faid iirft Monday of 
March next, within that part of either the faid towns, Vv^hich 
is by this act incorporated into the town of Weft Boylfton, . 

and who fhall hereafter need to be fupported as poor per- Y>»<yi^^^\^e{ul- 
fons, fhall be fupported by the town of Weft Boylfton. And' Parted by weP: 
in the future proportion of ftate taxes, until a new general °' ' °°' 
valuation fhall be made, twenty-feven cents fliall be taken 
from the town of Sterling, as it ftands in the aggregate, 
and fet to the town of Weft Boylfton ; and the pay of rep- 
refentatives fhall be adjufted in the fame proportion, until 
this act fliall be in force. 

Sect. 4. Be it further enacted^ That all that part of the 
town of Holden, which is by this a(5t made part of the faid 
town of Weft Boylfton, fliall not be entitled to any part of "^o^'" propern- 
the public property of the town of Holden, nor chargeable ^?eS5.^''' 
with any part of the expenfe of fupporting thofe poor per- 
fons who are now fupported by faid town ; and any perfon 
who hath, or who may hereafter gain an inhabitancy or 
fettlement in that part of Holden, which is by this adt made 
part of the town of Weft Boylfton, fhall be fupported b\ 
the faid town of Weft Boylfton ; and all monies now rail' 
ed, or which may be hereafter raifed, for public purpofes, 
and ail tax bills, which may be fent by legal authority, to 
faid town, before the firft Monday in Marcli next, fliall be 
alfeflcd and paid in the fame manner as though this acl had 
not palled. And in the future proportion of ftate taxes^, 
previous to a new general valuation, there fliall be feven 
teen cents deducted from the town of Holden, as it now 
ftands in the aggregate, and fet to the faid town of Wefr 
Boylfton. And the expenfe of reprefentative, until this ace 
fliall be in force, fliall be paid by the faid towns of Holden 
and Weft Boylfton, in the fame proportion which they 
hav^e heretofore paid. 

Sect. 5. Be it further enaBcd^ That the faid town- 
^of Weft Eyylfton fliali receive and fupport four tenths of 
W the 



240 



BRIDGE. 



Feb. 8, An. 1808. 



School fund. 



Jufticeto ifiuc 
3. warrant. 



the poor perfons now chargeable to tlie town of Boylfton ; 
and that they fliall receive the fame proportion of all the 
military ftores, and of all monies in the treafury of faid 
town, excepting the donation from Ward Nicholas Boylf- 
ton, Efq. as a fund for the fupport of fchools in faid town. 
And the faid town of Weft Boylfton fliall pay their propor- 
tion of all debts and taxes now due, and owing by the faid 
town of Boylfton, previous to this act being in force ; and 
until a general valuation fhall take place, of tlie proportion 
in the ftate tax, feventy-fix cents fliall be taken from the 
town of Boylfton, as it ftands in the aggregate, and fet to 
the town of Weft Boylfton ; and the expenfe of reprefenta- 
tive, fliall be paid in the proportion in which it has been 
heretofore paid. 

Sect. 6. Be it further enacted. That the provifions in 
the fourth feclion of this acl, concerning inhabitancy, fliall 
have an equal and uniform efl'ect and operation, alike to 
the feveral towns mentioned in this aft. 

Sect. 7. Be it further enacted, Thiteiihev o^th^yx^^icez 
of the peace for the county of Worcefter, be, and he is 
hereby authorized to ilfue a warrant, directed to fome in- 
habitant of the tovN^n of Weft Boylfton, requiring him to 
notify and v/arn the inhabitants thereof, to meet at fucll 
time and place as fliall be appointed in faid warrant, for 
the choice of all fuch ofticers as towns are by law empow- 
ered to choofe at their annual town meetings. 

Sect. 8. Be it further enabled. That this ad fliall be 
in force, and operate on the firft Monday of March, which 
will be in the year of our Lord, one thoufand eight hun- 



dred and eight. 



[This aa paired Jan. 30, 1808.] 



Perfons incor- 
porated. 



CHx'^P. XLIX. 

An aft to Incorporate certain perfons for the purpofe cl 
building a Bridge over Androfcoggin river, at Lewifton, 
between the twenty mile falls and the ferry-way. 

Sect. 1. Be // enacted by the Senate and Houfe of Rep- 
refentatives, in Ge?:eral Court afj'cmbkd, and by the authority 
of the fame. That \Viiliam Atkinfon, Amos Davis, Jofeph 
E. Foxcroft, Thomas Hale, Jofiah Little, Michael Little, Ed- 
ward Little, Benjamin Merrill and Peter Merrill^ and their 
aflbciates, together v.-ith fuch others as already have, or 



BRIDGE. Feb, 8, An. 1808. 241 

may hereafter became proprietors, {hall be a corporation proprietors au- 
by the name of the Proprietors of Lcwillon Bridge, and by J^^'^Jj^^^J"^"'''^ 
that name may fue and profecute, and be fued and profecut- "" 
ed to final judgment and execution ; and may keep and 
ulc a common feal, may exercife and enjoy the powers and Common feafc 
privileges incident and belonging to fimilar corporations, 
and do and fuffer all other acts and things which like bodies 
corporate may or ought to do and fuft'er. 

Sect. 2. Be it further enacted. That the faid bridge 
fliall be erected at Lewifton aforefaid, between the falls call- 
ed the Twenty mile Falls, and the ferry-way aforefaid, and 
that it fliall be built of good and durable materials, notlefs Matemla, j 
than twenty-fix feet wide, and well covered with plank or 
timber, fuitable for fuch a bridge, and with fuHicient rails 
0!i each fide, for the fafety of paffengers. And the fills or 
firing pieces of faid bridge, fliall be laid at leaft eighteen 
feet above the furface of the water, in a common frefliet : 
and the faid bridge fliall be fo conftructed, as to leave a pafT- 
age between the piers fufliciently wide, to prefer ve without 
interruption, the privilege of tranfportation in boats, rafts, 
or other water craft, under the faid bridge. 

Sect. 3. Be it further ejiaded. That for the purpofe of 
reimburfing to the faid proprietors the money expended in 
building the faid bridge, and keeping the fame in good re- 
pair, a toll be, and hereby is granted and eftabliflied, for the '^o" gramedaav 
fole ufe and benefit of the faid corporation, according to the ^ ^ ' '^ ' 
rates following, viz. — For each foot palTenger, two cents ; 
one perfon and horfe, fix cents and five mills ; for a iingle '^^^ 9^ 
horfe-cart, fled or fleigh, ten cents ; for each wheelbarrow, 
hand-cart, and every other vehicle, capable of carrying a 
like weight, four cents ; for each team, including cart, fled 
or fleigh, drawn by more than one bealt, not exceeding 
four, twelve cents and five mifls j and for every additional 
bealt above four, two cents each ; for each fmgle horfe and 
chaife, chair or fulky, twelve cents and five mills ; for each 
coach, chariot, phaeton or curricle, thirty-five cents ; for 
neat cattle or horfes, excluUve of thofe rode on, or in car- 
riages, or in teams, two cents each ; iheep and fwine, for 
each dozen, fix cents ; and at the fame rate, for a greater 
or lefs number. And in all cafes the fame toll fliall be paid 
for all carriages pafiing faid bridge, whether the fame be 
loaded or not loaded ; and to each team one nian and no 
more, Ihall be allowed, as a driver, to pafs free from pay- 
ment of toll. And the faid tell fhall commence at the day 
©f the firtt opening of the faid bridge, for paflengers, and 
Ik Q Z ft^all 






?rovifc« 



'i42 JBRIDGE. Feb, 8, An. 180$i 

ihail fo continue, for and during tliG term of thirty years 
from the faid day ; and after the expiration of that term, 
the faid toll lliall be fubjccl to be regulated by the legifla- 
ture : Provided the faid proprietors mail, at all times, keep 
the faid bridge in good, fafe and paffable repair, during the 
term or terms aforefaid : Provided alfo^ that all perlons go- 
ing to, or returning from military duty, or public worfhip, 
fliall, at all times, be permitted to pafs {aid bridge, free of 
toll. 

Sect. 4. Be it further enacted. That either of the pro- 
Maimerofcaii- prietors before named, may, by advertifement in one or 
I s m e ings. ,^^..^ newfpapers, in the counties of Cumberland or Lin- 
coln, notify and call a meeting of the faid proprietors, to be 
holden in Lewifton, at fuch convenient time and place, as 
ftiall be exprejfifed in faid advertifement, fifteen days at leaft, 
before the time of meeting. And the faid proprietors, be- 
ing thus met, allowing one vote to each Ihare, (provided 
no perfon fliall be entitled to more than ten votes) ihall pro- 
Authomed to cccd to choofe a clcrk, who fhall be fworn to the faithful 
choofe officers, difcharge of Iiis Oiiice. And the faid proprietors may, at 
the fame, or a fubfequent meeting, appoint fuch other odi- 
cers, as they may deem neceifary for conducling the bufi- 
ncfs of the faid corporation ; and may alfo agree on a mode 
of callinn- future mectinsrs, and to make and eflablilh rules 
and regulations, as they may judge neceilary and conven- 
ient, for executing and completing the building the faid 
bridge, for coilecling the toll hereby granted, and for the 
prudent and regular management of the affairs of the faid 
corporation ; and the fame rules and regulations may en- 
force, and for the breach thereof, may order and enjoin 
iVovift?. fines and penalties not exceeding twelve dollars : Provided 

that faid rules and regulations Ihall not, in any cafe, be re- 
pugnant to the confiitution and laws of this common- 
wealth. 

Sect. 5. Be i further enacted. That if the faid corpo- 
timitaiiion ration (liall neglect or refuie, for the term of (even years 
from the paffmg of this ad, to build and complete the faid 
bridge, then this acl ihall be void and of no effect* 

[This acT: paffed Feb. 8, 1808.] 



CHAP, 



TURNPIKES. Feb. 9, An. 1808. 24^ 

CHAP. L. 

An acl to cftdblifli the Nafliua Turnpike Corporation. 

JjE // enacted by the Senate and Houje of Repre- 
Jl'nfafivcs, in General Court a//e?nbled, and by the authority of 
the fajue. That Zabdiel Boylllon Adams, Ithanier Beard, 
Wallis Little, and Jofiah Sterns, together with fuch others 
as may hereafter affociate with them, their iUcceflbrs, or 
afligns, be, and they are hereby made a corporation by 
the name of The Naihua Turnpike Corporation, for the 
purpofe of locating, making, and keeping in good repair, gi 
turnpike road : Beginning near the houfe of Deacon John 
White, on Concord common ; thence through the weilerly 
part of Concord, the northerly part of Aclon, the fouther- 
ly part of Littleton, and the ioutherly part of Groton, to 
the eaft line of Shirley near the bridge, called Page's bridge ; 
and for this purpofe Ihall have all the powers and privileges, 
?.nd iliall alfo be fubject to all the duties, requirements, and 
penalties prefcribed and contained in an act, entitled, " Ai> 
act defining the general powers and duties of Turnpike 
Corporations ;" paifed the fixteenth day of March, in the 
year of our Lord one thoufand eight hundred and five, and 
in any other acl or acts, which may be palibd regulating or 
defining the general powers and duties of Turnpike Cor- 
porations. 

[This ad paffed February 8, 1808.] 



CHAP. LL 

An acl in addition to an acl, entitled, " An acl to eftablifij 
the Peterfham and Monfon Turnpike Corporation j" pafl- 
ed February 2Sth, A. D. 1304, and in addition to one 
other acl, paffed 1 9th June, 1 807. 

XjE it enacted by the Senate and Houfc of Reprc- 
fentatives, in General Court affembled^ and by the authority of 
the fame. That a further time of one year from and after 
the nineteenth day of June, one thoufand eight hundred 
and eight, be allowed to faid Turnpike Corporation for 
completing faid road, any thing contained in the ad or 
a<^s aforefaid, to the contrary notwithilanding. 
[This ad paifed February 9, 1 3Q8. j 

CHAP. 



2U 



MASS. MISSIONARY SOCIETY. 

CHAP. LII. 



Feb. 9, An. 1 SOS. 



Perfons incor- 
Jjorated. 



Allowed to hold 
property. 



Provifo. 



Officers to be 
chofea. 



Pfovifo. 



An act to incorporare a fociety by the name of The Maffa- 
chufetts MifTionary Society. 

Sect. 1. JJ^ it enacted by the Senate and Houfe of Rcpre- 
fentatives, in General Court ajfembled^ and by the authority of the 
farne. That the Rev. Daniel Hopkins, the Rev. Samuel 
Spring, Mr. Henry Gray, the Rev. Samuel Niles, and the 
Rev. Jofeph Barker, with their aflbciates, for the purpofe 
of difFuiihg the knowledge of the Gofpel of Jefus Clirift 
among the heathen, and others in remote places, be, and 
they are hereby incorporated and made a body politic and 
corporate for the purpofe aforefaid, and by the name of 
The Mafiachufetts Miilionary Society, to continue and exift 
for and during the term of fifteen years, from the paiTmg of 
this act ; may fue and be fued, plead and be impleaded, ap* 
pear, profecute and defend to final judgment and execu- 
tion, and may have a common feal, which they may break, 
change, alter or renew at pleafure. 

Sect. 2. Be it further enacted^ That the faid corporatioi:i 
are hereby made capable of taking and holding real eftate 
of any kind in fee limple, or other lefs eftate, not exceed- 
ing the annual income of fifteen thoufand dollars, and of 
taking and holding perfonal eftate, by donation, bequeft or 
otherwife, not exceeding the annual income of ten thou- 
fand dollars ; the annual income of all which real and per- , 
fonal eftate, ftiall be applied to the purpofe of diffufing 
Chriftian knowledge in fuch manner as the corporation 
fliall judge will be moft conducive to the defign of their ir- 
ftitution : Provided, that all the Miilionary Teachers, who 
may be employed by faid corporation, fhall be of the Pro- 
teftant Religion, and of reputed piety, prudence, and learn- 
ing. 

Sect. 3. Be it further enacted. That the faid corpora- 
tion may annually choofe by ballot, a prefident, fecretary, 
treafurer, and fuch number of truftees as they m.ay think 
proper, not lefs than feven ; and fuch other officers as they 
fliall judge neceflary ; all of which officers, when chofen, 
may hold their offices until others are chofen in their 
ftead ; and in cafe of death or refignation of either of faid 
officers, faid corporation fliall have a right in like manner, 
at <ny meeting regularly called for the purpofe, to choofe 
others to fill any vacancies which may fo happen : Provided ? 
however^ that the officers which have been already chofen ^ 



MASS. MISSIONARY SOCIETY. Ftb. 9, An. 1808. 245 

by the perfons aforefaid, and their alTociates, fliall continue 
to hold the oflices to which they have been refpectively 
elected, until laid corporation (hall choofe others in their 
ftead, agreeably to the direftions in this act. 

Sect. 4. Be it further enacted. That faid corporation be. Authorised to 
and hereby is authorized at their firft meeting to be held '"''*'"'' ^^H^'^^v 
under this ad, by vote of the majority of the members prc- 
fent at faid meeting, to make and cllabliili fuch rules, re- 
gulations, and by-laws, for their government, fubjed to 
luch revinon, alterations or additions, to be made at any 
regular fubfequent meeting as faid fociety fliall judge ne- 
celfary for the well ordering of the affairs of" faid corpora- 
tion, and will beft promote the defign of their inftitution ; 
and may annex reafonablc penalties to the breach of fuch 
rules, regulations, and by-laws, provided the fame be not 
repugnant to the conilitution and laws of this Commonr 
wealth. 

Sect. 5. Be it further enacted. That the Rev. Nathaniel Meetings to b^ 
Zmmons be, and he. is hereby authorized to call the firft pubiiiiied. 
meeting of faid corporation, by publilhing a notification of 
the time and place where the fame fhall be held, in two of 
the newfpapers printed in Boflon, fourteen days, at leaft, 
previous to fuch meeting. 

And to the end, that the members of faid fociety, and all 
contributors to faid defign, may know the ftatc of the funds ^'■«^"^^^^- 
of faid fociety, and of all donations made to the fame and 
of the difpofal thereof: 

Sect. 6. Be it further enacted^ That particular accounts Accounts to be 
of fuch funds and the difpofal thereof, fhall be exhibited exhibited an. ' 
by the treafurer, or, in cafe of his abfence, by the fecretary, '^'^■*"7- 
at the ftated annual meeting of faid fociety, a committee 
of faid fociety having firfl examined, and certified the fame 
to be true ; and fair entries fliall be made in books, to be 
provided for that purpofe, of all donations made to the fo- 
ciety, and of all the real and perfonal eftate belonging to the 
fame, and the faid books fliall be brought to tlie general 
ilated annual meetings, and be there open for the perufal 
and examination of the members. 

Sect. 7. Be it further enabled. That the Legiflature of , ^ ^ 
this Commonwealth fliall, at any time, have the right, by a Legiaamrs, 
committee of their body, to inlpedft the doings, funds and 
proceedings of the faid corporation ; and, for ihat purpofe, 
ihall have accefs to all books and papers of faid corporation. 
[This act palled F^bniarv 9, 1S08.] 
k ' CHAP. 



:4fi BAPTIST SOCIETT.—FISH. m. 9, An. 1808. 

CHAP. LIII. 

An ad to annex Peter Perry and others, of the towns of 
Stockbridge, and Weft-Stockbridge, to the lirft Bapuft 
Society in the town of Well-Stockbridge. 

IjE it enacted by the Senate and Houfe of Repre- 
Jbntatives, in General Court affembled, and by the authority of 
the fame, fhat Peter Perry, Samuel Curtis, Ebenezer Her- 
perfons annexed, rick, Abraham Parker, Daniel Smith, Afa Smith, Thomas 
Whelpiey, Samuel Whelpley, Job Prieft, John peming, 
Obadiah iinap, Jedediah Minkler, Hendrick Brafee, Amala 
Spencer, James Picket, Rufus Wilfon, Nathan Johnfon, Wil- 
liam Hooper, and Uriel Smith, together with their famiHes 
and eftates, all belonging to the towns of Stockbridge, and 
"W eif -Stockbridge, in the county of Berklhire, be, and they 
are hereby annexed to, and incorporated with the lirll 
Baptiil Society in the town of Wefl-Stockbridge, for paro- 
chial purpofes only, and in that connection fliaii be entitled 
to all the privileges, and equally iubjeft to all the duties of 
other members of the faid fociety, in as ample a manner,, 
as if they had been original members thereof: Provided 
hoivever, that each of the perfons before named, fliall al- 
ways be held to pay their proportion of all parifli or fo- 
ciety charges, afiefled and not paid previous to their leav- 
ing any other fociety, and their incorporation with the fo- 
ciety aforefaid. 

[This act paffed February 9, 1 80S.] 

CHAP. LIV. 

An act to prevent fraud and deception in curing and pack- 
fmoaked Alewives and Herrings, and to regulate the fize 
and quality of the Boxes, and the exportation thereof 
from this Commonwealth. 

Sect. 1. ijE // enaded by the Senate and Houfe of Rcpre- 

fentatinjes^ in General Court afjhnbled, and by the authority of the 

,. fame. That from and after the hril day of May next, all 

of^boxcs.^"^" ^ boxes, which fhall be made for the purpole of packing 

imoked Alewives or Herrings, and containing the fame, 

fliall be made of good found boards, fawed and well fea- 

foned, the fides, top and bottom, of not lefs than half inch 

boards, and the ends of not Icfs than three quarters of inch 

boards, fecurelv nailed with cut or wrought nails j and fhall* 



FISH. Feb, 9, An. 1808. 24 

be fcventcen inches in length, eleven inches in breadth, and 
fix inches in depth, in the clear infidc. And all alcwives or 
herrings, intended to be fmoked and packed, fliall be lufli- 
ciently lalted and fmoked, to cure and preferve the fame, 
and afterwards clofely packed in the boxes, in clear and 
dry weather. 

S: CT. 2. Be it further enacted., That all fmoked alc- 
wives or herrings, Ihall be divided and forted by the in- 
fpe<5bor, or his deputy, and denominated according to their 
quality, Firji Sort, and Second Sort, The firfl fort Ihall con- Fiflito be fort 
lift of all the largell and beft cured fifti ; the fecond fort, of 
the fmaller, but well cured fifli ; and in all cafes the follow- 
ing fliall be taken out as refuse ; all thofc which are belly- 
broken, tainted, fcorched or burnt, flack faked, or not fuffi- 
ciently fmoked. And each box of alewives or herrings, fo 
infpecied, fliall be branded on the top, by the infpecting of- 
ficer, with the firft letter of the chriftian name, and the iiir- 
namiC at length, of the infped:or who infped:ed the fame ; 
and in the like manner, the name of the owner thereof, 
with the name of the town wdiere it was infpecied, with 
the addition of MJSS. and alfo, with the quality o'^firfi 
fort, ox fecond fort. 

Sect. 3. Be it further enacted. That no fmoked alewives 
or herrings, fhall be exported from this commonwealth, by ,, a 
water, m boxes, unlels the matter or owT.er or the venel, to produce a 
fliall produce to the coflcclor, or any other oiiicer, author- ^'^"^^f^- 
ized by the law'S of the United States, to clear veflels out, a 
certificate from the infpectcr general or his deputy, that 
the fame has been infpecied, packed and branded according 
to the directions in this aft. And the certificate fliall ex- 
prefs the number of boxes thus fliipped, the kind and qual- 
ity of the fifh they contain, with the name of the mafter 
and owner, and the name of the veiTel in which fueh fifh 
are received for exportation. And fuch mafter or owner 
of every veflcl, Ihall take and fubfcribc the following oath 
or affirmation, before the officer authorized as aforefaid : 
I, A. B. .do fwear or affirm, (as the cafe may be) according 
to the beft of my knowledo-e and belief, that the certificate 
hereunto annexed, contains the whole quantity of fmoked 
alewives and herrings on board the , mafter ; and 

that no fmoked alewuves or Herrings are fliipped on board 
faid vefl'el, for the fliip's compiuiy, or on freight or cargo, 
but what are infpecied, and the boxes containing the fame, 
branded accordins; to the laws of the commonwealth : So 

help 



1 



24S FISH. ' Feb, 9, An. 18G8, 

help mc God. (Or, this I do under the pains and penalties 
of perjury, as the cafe may be.) 

Sect. 4. Be it further enacted. That the fees for in- 
Tecs cttabilflied. fpecting, packing and branding, fhall be four cents for each 
box, which Ihall be paid by the purchaler ; one cent of 
which to be allowed the infpeclor general ; and returns 
Ihall be made of all boxes infpefted and branded, in the 
fame manner as returns are required to be made, according 
to the laws regulating the infpection of pickled hih. KvA 
the fame infpeclors of pickled fifli, which now are, or which 
may be hereafter appointed, Ihali be alfo infpediors of fmok- 
ed ale wives and herring:s. 

Sect. 5. Be it further enacted. That no fmoked ale- 
wives or herrings, w^hich fhall not have been infpected and 
branded, agreeably to the provifions of this acl:, fhall be 
exported from this commonwealth, under a penalty of two 
Teiiaity. dollars for each box fo exported ; nor fhall any alewives or 
herrings be taken from any box fo infpecled and branded, 
and others of an inferior quality be put in their place, 
with intent to deceive or defraud any perfon in the fale of 
the fame, under a penalty of five dollars for each box fo 
changed. 

Sect. 6. Be it further enaded. That if any infpeclor 
or his deputy, appointed by virtue of this act, fhall 
brand any boxes of fmoked alewives or herrings, which he 
has not infpecled, packed and nailed, according to the true 
intent and meaning of this act, or if he fhall permit other 
perfons to ufe his brands, in violation or evafion thereof, he 
Ihall forfeit and pay the fum of twenty dollars, for each and 
ever)^ box fo branded, and be liable to removal from his of- 
fice of infpeclor. 

Sect. 7- Be it further enacted. That all penalties and 
..St4^ ^^^^'^ forfeitures arifmg by force and virtue of this a6t, fliall be 
recovered by action of debt, in any court proper to try the 
fame ; one moiety thereof for the ufe of the town or plan- 
tation wherein the offence fliall be committed, and the oth- 
er moiety to him or them who fhall fue for the fame. 

[This aa pafTcd Tcb. 9, ISOS.] 



CHAP. 



BOOM. Feb. 13, An. 1808. 249 

CHAP. LV. 

An a(fl to incorporate Gideon O'Brien and others, for the 
purpoib ot maintaining a Boom acrofs the weft branch of 
iVIachias River, in Machias, in the County of Walhing- 
ton. 

Sect. 1. ijE // enacted by the Scnafc and Houfe of Rcpre- 
fentativeF.^ in General Court ajfembled, and by the authority of 
'the fa?7ie. That Gideon 0*Brien, Jacob Longfellow, Amos ^^1;^""^ '"'^°'"' 
Boynton, William E. Smith, Jeremiah O'Brien, jun. Samu- 
el P. Clark, John Holway, Francis Libbee, William Holway, 
Jofeph Stuart, William Albce,jun. James W. Crocker, Ste- 
phen Jones, Benjamin Bary, Henry Lyon, Jonathan Long- 
fellow, Enoch Longfellow, Levi Fairbank, Jofiah Hill, Wil- 
liam O'Brien, Jofeph L. Meferve and George S. Smith, to- 
gether with fuch other perfons as now have, or Ihall here- 
after become proprietors in the faid boom, be, and they 
hereby are conftituced and made a corporation, for laying 
and maintaining a boom acrofs the weft branch of Machias Boom. 
river, by the name of the Proprietors of Machias Boom ; 
and by that name may fue and be fued, profecute and be 
profecuted to linal judgment and execution, and to do and 
I'utter all fuch matters and things as bodies politic and cor- 
porate may or ought to do and fuffcr ; and the faid cor- 
poration ihall have power to keep and ufe one common 
leal, and the fame to break, alter and renev/ at pleafure. 

Sect. 2. And be it further enacted.., That Gideon O'Bri- 
en, and others his aftbciates, or any five of them, may, by 
an advertifement pofted up at fome public place in Machias, 
call a meetina; of faid proprietors at fome fuitable time and ,, , 

place, givmg at leaft ten days notice of fuch meetings, and ing meeting<f. 
the faid proprietors being fo met, by vote of the major part 
of the proprietors prefent, or reprefented at faid meeting, 
fliall proceed to choofe a clerk, treafurer and fuch other of- 
ficers as they may from time to time find neceflary, who 
fhall be duly fworn to the faithful difchargc of their ref- 
peclive trufts, and ftiall alfo agree on the method of calling 
future meetings of tlie faid proprietors, and at the fame, or 
any fubfequent meetings, may make and eftablifli any rules 
and regulations which may be found neceifary or conven- 
ient, for regulating faid corporation, for the collecting the 
toll or fees, herein eftabliftied. and for the more effectually 
executing and completing the general purpofc of this act, -J 

H h and 



2rjOr BOOM. JteL 13, An. ISOS,' 

and {hall have power to aflefs and recover reafonable fines 
and penalties for any breach or breaches of fuch rules and 

PfovifA regulations, not exceeding ten dollars : Provided fuch rules 
and regulations fliall not be repugnant to the conftitution 
and laws of this commonwealth ; and all applications and 
reprefentations made at fuch meetings fliall be in wridng, 
and figned with the name of the perfon making the famey 
which fliall be filed with, and recorded by the clerk ; and 
this a(5l, with all the rules, regulations, votes and doings of 
the faid corporation, fliall be tairly and truly recorded by 
the faid clerk, in a book or books, for that purpofe to be 
provided and kept. 

Sect. 3. Jnd be it further enacted. That the faid cor- 
poration fliall be entitled to receive of the refpedive own- 
er or owners of mails, logs and timber, which fliall be raft- 
ed and fecured at faid boom, by any perfon or perfons, the 

Rates, of fees or following refpe<5tive fees or toll ; for each mafl:, fix cents j 
for each pine mill log, of thirty feet in length and upwards, 
four cents ; for each pine mill log, under thirty feet in 
length, three cents ; and for each fpruce or hemlock mill 
log or fliick of timber, two cents : Provided hozaever, that 
the fees or toll Ihall at all times hereafter be fubjecl to the 
revifion or alteration of the legiflature. 

Sect. 4. And be it further enacted. That for the fecur- 

—■recoverable, ii^g ^"^ recovering the payment of the refpecl:ive fees or 
toll aforefaid, it ftiall be lawful for faid corporation, by their 
agent, or other perfon whom they may appcjint for that 
purpofe, to fue for, and recover in a due courfe of law, by 
an action upon the cafe, all fuch fees or toll, for all maflis, 
logs or timber, fecured and rafted as aforefaid, when pay- 
ment fliall be refufed or negleded by the perfon or perfonSg 
fubjecl to pay the fame. 

Sect. 5. Aiid be it further enacted. That any perfon or 
perfons, wlio fliall wilfully and malicioufly injure or deftroy 
the faid boom, or any of its appendages, or means of ufing 
. c and improvins; the fame, fliall be liable to pay treble dam- 
' *" ages with coft of fuit, as fliall be determined in a due courie 

of law, to be fued for and recovered by the proprietors o£ 
faid boom, in an aclion of trefpafs, or on the cafe. 

[This ad pafled Feb, 13, ISOS.] 

CHAP. 



CALVINISTIC SOCIETY. Teb, 18, An. 1808. 25X 

CHAP. LVI. 

An a(^ to incarporatc a number of the inhabitants of Ab* 
ington, and the Eaft Parifli in Bridgewater, and one per- 
fon in* the Weft Pariili of Pembroke, into a religious fo.- 
ciety, by the name of the Union Calviniilic Spdety, in 
the fouth part of Abington. 

Sect. 1. liE it enacted by the Smate and Honfe of Rep- 
vefentatives^ in General Court ajfemblcd^ and by the authority 
of thefamc^ That Aaron Hobart, Chriftopher Dyer, Bela ^^^^^^^ jq^q.^ 
Dyer, Ebenezer Porter, Aaron Hobart, jun. Jofeph P. Gur- poiatcd. 
ney, Eliab Noyes, jun. James Reed, Noah Gum ey, jun, Le- 
vi Shaw, Samuel Porter, EUhu Hobart, James Pool, Noah 
Pool, Benjamin White, Barnabas French, Jacob Fullarton, 
Jofeph Benner, Obadiah Hearfey, Jacob Harden, Setli Har- 
den, Zacheus Gardner, George Bennett, Thomas Hearfey, 
Jofeph Hearfey, Jofeph Shaw, jun. Levi Cook, Noah Ramf- 
dell, Nathaniel Cook, Noah Fullarton, Thomas White, 
Daniel Perry, Jeremiah Reed, Ephraim S. Jenkins, Jofiah 
Torrey, Gideon Gurney, Silas Shaw, Daniel Gurney, Leb- 
beus Gurney, Ifaac Alden, Marcus Alden, Simeon Gannett, 
Eleazer Whitman, Eleazer Whitman, jun. James Barrell, 
Seth Hobart, Jofeph Shaw, Jofeph Gannett, Jonathan Reed, 
Ifaac Brown, Meritt Jenkins, Abel Barrell, John Porter, Al- 
len Marlhall, Chriftopher Bates, Afa Whitman, Samuel 
Fofter, Charles Brown, Nathan Dawes,Seth Gurney, Stephen 
Hearley, William Hearfey, John Hearfey, Ifaac Alden, tlie 
fecond, Eleazer Wafhburn, Daniel Whitman, John Brown. 
John Brown, jun, Luther Gannett, David Pratt, Luther 
Hearfey, Jofeph Ramfdell, John Harden, the fourth,^ Eli 
Blanchard, John Harden the fecond, David Brown, Knight 
Brown, Jonathan Hobart, Eleazer Keith, Gladden Boney, 
Chriftopher Bates, jun. Jolcph Reed, Jared Reed, Adam 
Stetfon, Ifaac Reed, Calvin Reed, Caleb Howard, Samuel 
Porter, David Allen, Jonathan Alden, John Keith the fecond, 
PhiUip Torrey, William Hearfey, jun. Thomas White the 
fecond, Afa VVhitmarfli, David Brown tlie fecond, Eben- 
zer Shaw, Benjamin Hobart, Afaph T. Peterfon, and 
Tofeph Dyer, petitioners and inhabitants of the town - 
of Abington and the eaft parifli of Bridgewater, with th-oir 
families, polls and eftates, within faid town and parifli, and 
alio Ifaac Hobart, of the weft pariih of Pembroke, with his 
poll and eftate in faid parifh, be, and are hereby incorpora- 
ted into a religious fociety of the Congregational denomi- 
nation, by the name of the Union Calviniftic Society, in 



1252 



U. C. SOCIEIT. 



Feb. 18, An. 180a. 



To join the 
fociety. 



Provifo. 



To leave the 

fociety, 



OuHlilicatious 
yeceffary. 



IVovifo. 



the fouth part of Abington, with all the powers and privi- 
leges to which pariflies are entitled by the conftitution and 
laws of this commonwealth. 

Sect. 2. Be it further enacted. That any perfon belong- 
ing to the town of Abington, or the eaft parilli of Bridge- 
water, who may be defirous of becoming a member of the 
faid Union Calviniflic Society, and ihall give in his or her 
name to the clerk of the town of Abington, or the clerk 
of the eaft parifh of Bridgewater, to which he or ihe may 
belong, with a certificate, figned by the clerk of faid focie- 
ty, that he or fhe has adlually become a member of faid fo- 
ciety, at any time previous to the firft day of March, in 
the year of our Lord one tlioufand eight hundred and ten, 
fhall, from and after giving in fuch certificate, with his or 
her polls and eftates, be confidcred a member of faid focie- 
ty ; Provided hozuever, that all fuch perfons fliall be held to 
pay all taxes previoufly afl^efl'ed in the town or parifh from 
which he or Ihe may fcparate. 

Sect. 3. Beit furtber enacted, Thzt if any member cf 
faid fociety ihall fee caufe to leave the fame, and unite with 
the town of Abington, or the eaft parifh of Bridgewater, 
to which he or flie may belong, and fliall lodge a certificate 
with the clerk of faid fociety, figned by the clerk of the 
town or parifli to which he or fhe may belong, that he or 
Ihe has become a member in religious worlhjp, of faid town 
or parifhj at any thiie previous to the firft day of M.u-ch, 
in the year of our Lord one thoufand eight hundred and 
ten, and fhall pay his or her proportion of all money aftefT- 
ed in faid fociety, previous thereto, fuch perfon fhall, from 
and after giving fuch certificate, with his or her polls and 
eftates, be cOniidered as belonging; to the town or parifli. 



as belon2;in2; to the town or 
in the fame mar4nc* as if he or ihe had never belonged 



to 



the faid fociety. 

Sect. 4. Be it further enacted. That all young perfons 
within the limits of the town of Abington, or the eaft par- 
ifli of Bridgewater, when they become twenty-one years of 
age, fhall have full liberty within twelve months after that 
time, to join with their polls and eftates, faid fociety ; and 
alfo all perfons who may fettle within the limits of faid 
town or parifh, fhall have the fame liberty to join faid foci- 
ety within twelve m.onths from their fettlement in fliid 
town or parifli : Provided hozvei-er, that all fuch perfons 
fiiaU fignify their determination of the fame in the manner 
pointed out in the fecond feclion of this acf. 

Sect. 5. yl?id he it further eyiacicd. That Aaron Ho- 
bart;, jun. Ef<|. or any other jufticc of peace, in the county 

of 



C. GEN. SESSIONS. Feb. 23, An. 1808. 2J3 

of Plymouth, be, and he is hereby authorized to iffue his 

warrant, directed to feme member of the laid Union Cal- ^"'^■^"^° '^"<^ 

. , . ' . .... , a warrant. 

vnultic Society, requn-mg him to warn the members or 
faid focicty, qualiiied to vote in parifh affairs, to aliembic 
at i'uch convenient and iuitable time and place as fhall be 
oxprelled in the laid warrant, to choofe fuch officers as par- 
ilhe.s arc by law required to choole, in the month of March 
or April, annually j and to tranlacl all luch other matters 
and things as may be neceflary and legal to be done for the 
faid fociety. 

[This aa paffed Feb. 18, 1808.] 



CHAP. LVII. 

An a6t to explain and amend the Laws refpecling Courts 
of General Seffions of the Peace. 

W HEREAS doubts have arifen in the conftruc- 
tion of the ft atute, entitled " An act, in addition to an ad, P'^eambie. 
entitled an act eftabliihing Courts of General Seffions of the 
Peace," palled the third day of July, in the year of our Lord 
feventeen hundred and eighty-two : 

Sect. 1. BE it therefore enacled by the Senate ondHonfe 
of Reprefentati-ves, in General Court ajjembied^ and by the 

authority of the fame. That the courts defcribed in faid ftat- -: . i <- ., 

ute, fliali have and continue exclufively to exercife all the ^ 
powers, and perform all the duties which the Courts of 
General Seffions of the Peace by law had and performed, 
before the paffing of the act aforefaid, on the ninth day of 
March, in the year of our Lord one thoufand eight hun- 
dred and four, entitled " An act to enlarge the jurifdiction 
of the Courts of Common Pleas, and other purpofes, cxcep'c 
caufes of criminal jurifdiclion, and alio caufes relating to 
the lupport and maintenance of baflard children, and caufes 
which by law may require the intervention of a jury in 
court : Provided however, the faid Courts of Common Pleas Provifc, 
Ihall have power to hear and determine all caufes now 
pending in their refpecfive courts. 

Sect. 2. Be it further enabled. That from, and after 
tlie paffing of this ad, inflead of the Courts of General Sef- 
fions of the Peace, the Iryle of the faid courts fhall be tlie „ 
Courts of Seffions, within and for their refpedive counties, c/stiiiom.""* 

Sect. 3. Be it further enacted. That the juftices of the 
peace, quorum unns^ who have been, or may be appointed in 

the 



^h C, GEN. SESSIONS. Feb. 23, An. 1808. 

the feveral counties, Ihall continue to have the fame pow- 
ers, and perform the fame duties (except as members of the 
faid Court of Sefiions) which they by law had and perform- 
ed, before the palling of the aforefaid ftatute, on the nine- 
teenth day of June laft, paft ; and all official acis which 
have been or may be done by the faid juftices of the peace, 
quorufii tinus, conformably to fuch powers and duties, fhall 
l| be deemed valid in law. And juftices ot the quorum fliall 

r in future be defignated by adding the words, (and of the 

I quorum) next after the words jullice of the peace, in their 

commiffions. 

Sect. 4. Be it further enacted. That the Governor be,, 
Goyernortoijiueand hereby is authorized to ifliie new commiffions, in con- 

t^effcofimi! ions. ^Qj-j-j^j^-y ^q |-]^jg .^^^ ^.^ ^j^g fevcral jufticcs of the General, 
Seffions of the Peace, who have been defignated, appointed 
and commiffioned, in conformity to the aforefaid acl, which 
palled the nineteenth day of June, in the year of our Lord 
one thoufand eight hundred and feven \ and alfo to deter- 
mine the feniority of ihe feveral alfociated juftices in their 
refpeciive courts ; a majority of fuch juftices in any county, 
ihall be a quorum ; and in theabieEce of the chief juftice,the 
Pravifo. fenior juftice prefent fhall preftde : pro'vided, that nothing 
contained in this act, Ihall be deemed to extend the tenure 
of office of any juftice who has been or fliall be commif- 
fioned under this act, or the ad which this ad is in- 
tended to explain, beyond the term of office fpecified in 
his commiffion as juftice ot the peace. 

Sect. 3. Be it further enaded. That it fhail be the du- 
moneJLtSibft ^Y ^^ ^^^ fevcral county trcalurcrs, county attornies, fher- 
- -ounti. iffs, and all other perfons, holding money or efteds, belong- 

ing to their refpedive counties, annually, or oftener, if 
thereunto required, to exhibit an account of the fame to 
the faid Court of Seffions,at fuch times as they fhall appoint : 
and the flime courts are authorized to examine and adjuft 
fuch accounts, and to make a reaionabie allov.ance for all 
fuch fervices as are not provided for by law ; and on fet- 
tlement, to caufe the balances which fhall be found due, to 
be paid into, or from, (as the cafe may be) the feveral coun- 
ty treafuries. 

Sect. 6. Be it further cna6led. That in fuch counties 
where licenfes to innholders and retailers have not been 
granted at the ufual term, it may be lawiiil for the faid 
.uruci Seffions (^q^j.^^ ^.f SeffioHs to 2;rant fuch licenfes at any time before 
the laft Tuefday in June next ; any law, ufage or cultom to 
the contrary, notwithftanding. 

[This ad palled IJcb. 2^-, 1808.]. CHAP 



RELIGIOUS SOCIETY. Feb. 23, An. 1808, 2 

GHAP. LVII. 

An acl to Incoipora e a number of the inhabitants of the 
town of Marlborough in the county of Middlefex, into a 
Religious Society, by the name of The Second Parifli irx 
Marlborough. 

Whereas, a number of the inhabitants of p«^«^^^'' 
the town of Marlborough, h;we petitioned this Court to 
be incorporated into a religious fociety, and it appearing 
reafonable that the prayer of their petition fliould be 
granted : — 

Sect. 1. BE it therefore enacted by the Seriate a?id Hoiife 
of Reprefentatives, in General Court affemblcd^ and by the au- 
thority of the fame. That George Williams, bamuel Gibbon, p^jj^^j^""" 
Aaron Brigham, Ephraim Barber, Silas Gates, Luke Drury, 
Joliah Fay, William Arnold, William Holyoke, William 
Gates, Abijah Berry, Eleazer Howe, Mofes How, Stephen 
Felton, Joel Felton, Ihomas Rice, Peter Rice, Abraham 
How, Eli Rice, Jofeph How,jun. Roger Phelps, William 
Boyd, Ephraim Brigiiam, Jabez Bent, Daniel Stevens, jun. 
Elihu Maynard, Abner Brigham, John Stevens, Ifrael 
Goulding, Jofeph Brigham, Mofes Ames, Gerfhom Rice, 
Samuel Brown, John Bond, Warren Brigham, Lovewell 
How, Samuel How, jun. William Felton, jun. Edward Rice, 
jun. John GalTet, Jabez Rice, Paul Hall, Stephen Howe, 
Phineas Hall, Jofeph Trowbridge, Edward Barnes, Jonas 
Darling, Juliin Darling, Afhbel Samuel Brigham, John 
Gott Brigham, John Boyd, Kezekiah Maynard, lienry 
How, Benjamin Rice, jun. Windfor Ward, Jotham Brig- 
ham, Joel Rice, Zaccheus Gleafon, Samuel Hunt, Archelaus 
How, Gerfhom Biglow, jun. Ananias Cook, Jofeph How, 
Samuel Brigham, Jofeph Carly, Seth Rice, Sebes Jackfon^ 
Francis Hudfon, Matthias Rice Brigham, Solomon Barnes, 
William Barnes, Phinehas How, Phinehas Brooks 1 'ow, 
Ithamar Brigham, Jofiah Brown, Abraham Gates, Gilbert 
How, Sylvanus How, Noah How, Winflow How, Aaron 
How, jun. Levi How, Daniel Stevens, Edward Rice, William 
Biglow, Ivory Biglow, Caleb Brigham, jun. Samuel Brigiiam, 
David Brigham, Stephen Hudfon, James Gleafon, Stephen 
Phelps, John Gleafon, jun. Caleb Brigham, jun Samuel 
Gleafon, Simeon Cunningham, Jonah Rice, Nathan Rice, 
Francis Gleafon, Martin Rice, Fortunatus Brigham, James 
Wright, Benjamin Chapin, Daniel Dunton, Windfor Hovv', 
Caleb, Witherbee, Benjamin How, Artemas How, William 

Rice, 



f256 



ALFRED. 



Feb. 25, An. 1807, 



Inhabitants may 
join either 
parifli. 

"Provif®. 



Confiderecl 
members till 
they fignify 
the contrary. 



Juftice to iflue 
twarrant- 



Rice, jun. Benjamin Rice, and John Gleafon, the petitioners, 
with luch others as already have^ or may hereafter afTocIatc 
with them and their fuccelTors, with their ftinilies and ef^ 
ates, be, and hereby are made a corporation, by the name of 
The Second Parifli in Marlborough ; and, by t