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

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.]

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

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.

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.]

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

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

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

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.

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

ernor

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

-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.]

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.]

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.]

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

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.]

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.

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.]

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.]

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.]

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.]

%^ 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

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.]

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.]

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.]

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.]

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 ""^

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.

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

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.]

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,

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,

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

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

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

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.]

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'.]

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,

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

137

13B

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

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

Enginemen, 98

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

Goodenough, Elijah, and others, set off from the frst

precinct in Boylston, 45
Goods of debtors, certain, exempted from attachment, 119

Insurance Company, Nezoburijport Marine, 42

, Massacliusetts Fire, 56

Intestate Estates, 106

Jurors and Witnesses, 73

Jjittle Harbour Corporation, 9

lee, an act in addition to the act of incorporation, 70

Laiivs, divers, repealed, 104

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

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

Oxford County, an act in addition to the act of incor^

poration, 8

Orono incorporated, ' 111

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

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.

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

Universalist Society in Boston, 96

University Lottery, 151

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,

■ " ■ T • ' ^-i'mtmmm a^aB^^iemm,'M\\i^t\^\Kfi«wmS!ami

■*ii< n niiii>rr"".

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 .

snn \h

^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

|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.*'

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

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>

|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

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. ^^^^'

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.]

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,

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

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.

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*

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.

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

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,

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

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

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.]

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

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

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

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

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-

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:.

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

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

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|

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

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

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.

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.

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

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,

. >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.

'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

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.]

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,

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.

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

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

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

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 that name
lliall have perpetual fucceflion